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Majesty to delegate Her powers and authorities to three or more resident Officers. If two suitable persons can be found in the Western Pacific, or the neighbouring Colony of Queensland, and associated, for legislative purposes, with the Officer Adminis tering the Government of New Guinea, the inconvenience of making laws for New Guinea by Order in Council framed in England can be obviated.
The Right Hon. Colonel Stanley, M.P.,
&c.
&c.
&c.
13,436.
We are, &c., (Signed)
R. E. WEBSTER. J. E. GORST.
SIR,
No. 48.
(QUEENSLAND.)
LAW OFFICERS to COLONIAL OFFICE.
We were honoured with Sir Robert Herbert's letter of the 8th inst., stating
Royal Courts of Justice, 29th July 1885. that he was directed to inform us that a movement was on foot in Queensland for the separation of the northern part into a separate Colony.
That the Colony of Queensland was detached from New South Wales, and formed into a separate Colony under the powers conferred on Her Majesty by the Imperial Act 18 & 19 Victoria, chapter 54, which was subsequently amended by 24 & 25 Victoria, chapter 44.
That a doubt had been suggested whether the powers conferred by 18 & 19 Victoria, chapter 54, had not been exhausted by the creation of Queensland as a separate Colony, so that it would not be possible for Her Majesty, in virtue of those powers, to separate a portion of Queensland and form it into a new Colony.
That, although there was no present intention of taking any action in the direction indicated, our opinion was requested as to whether that doubt was well founded, and, if so, whether the power to establish a separate Colony could be renewed by the Imperial Parliament.
In compliance with the request contained in Sir Robert Herbert's letter we have the honour to
Report
That we are of opinion that Her Majesty cannot, by virtue of the powers conferred upon her by 18 & 19 Victoria, chapter 54, separate a portion of Queensland and form it into a new Colony.
The powers in question, although we think they were not entirely exhausted by the creation of Queensland, and are still exerciseable by Her Majesty with respect to that portion of New South Wales which lies between its existing northern boundary and the 30th parallel of south latitude, refer in our view to those territories only which, at the time of the exercise of such powers, form part of the Colony of New South Wales.
If it should be desired hereafter to separate the northern portion of Queensland, and form it into a new Colony, the requisite powers for effecting this object can, in our opinion, properly be conferred upon Her Majesty by an Act of the Imperial Parliament, confirming provisions in that behalf made by the Queensland Legislature, analogous to that already passed in the case of New South Wales.
The Right Hon. Colonel Stanley.
We have, &c., (Signed)
R. E. WEBSTER. J. E, GORST.
▲ 15999-41. 35--13/86.
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PUBLIC RECORD OFFICE
C.O.
Reference :-
885
13 PUBLIC RECORD OFFICE, LONDON
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