11,400.
།། ། 「། །
PUBLIC RECORD OFFICE
سياسيا
C.O.
Reference :-
885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-| COPYRIGHT PHOTOGRAPH—NOT TO
No. 71.
(QUEENSLAND.)
LAW OFFICERS to COLONIAL OFFICE. MY LORD,
We were honoured with your Lordship's commands signified in Mr. Bramston's
Royal Courts of Justice, 26th June 1886. letter of the 8th of April last, stating that he was directed by your Lordship to invite our attention to a Report from the Law Officers of the Crown, dated the 29th of July 1885,* on the subject of the separation of the northern part of Queensland, and its erection into a separate Colony.
That since the date of that Report further papers on the subject had been received from the Colony, and that it was expected that a memorial might soon arrive formally petitioning Her Majesty to grant such a separation of the Colony.
That in the papers then before your Lordship reference was made to the following statutes :--
3 & 4 Victoria, chapter 62.
5 & 6 Victoria, chapter 76, section 51.
13 & 14 Victoria, chapter 59, section 34.
18 & 19 Victoria, chapter 54, section 7, and schedule s. 46.
24 & 25 Victoria, chapter 44, section 6.
of which the two former were not brought to the notice of the Law Officers in the reference of the 8th of July 1885, upon which they reported on the 29th of the same month.
That it might be convenient to state that the original boundaries of New South Wales were fixed by the Commission of the first Governor, Phillip, issued in the form of Letters Patent under the Great Seal, 2nd April 1787, and that they comprised the whole east coast from Cape York to Wilson's promontory, and all the territory inland to longitude 135° East.
That the Commission of the next Governor, also Letters Patent under the Great Seal, revoked Governor Phillip's Commission, and was followed by the Commissions of successive governors, all being Letters Patent under the Great Seal, and each revoking the preceding one, but making no alteration in the boundaries until 1825, when Governor Darling's Commission extended the western boundary to longitude 129° East. That Governor Bourke's Commission in June 1831 added Norfolk Island to the Colony of New South Wales.
That the first commencement of legislative authority had been conferred upon the Governor and a nominated council under the Act 9 George IV., chapter 83, sections 20-23.
That by an Act of the following year, 10 George IV., chapter 22, temporary provision was made for the creation of legislative authority in the new settlements on the West Coast of Australia; and that in the year 1830 a Commission under the Great Seal was issued to the first Governor, laying down the boundaries of the Colony (Western Australia) as extending along the whole coast from north to south, and inland to longitude 129° east.
That Australia, therefore, at that date was divided into two Colonies-New South Wales and Western Australia, having their geographical limits fixed by Letters Patent under the Great Seal, but deriving all their powers of legislation from Acts of the British Parliament.
That in 1834 the Act 4 & 5 William IV., chapter 95, section 1, declared it to be lawful for his Majesty, with the advice of the Privy Council, to erect and establish within that part of Australia which lay between 132° and 140° longitude East, and between the Southern Ocean and 26° latitude South, one or more provinces, and to fix the boundaries of such provinces; and that the same section declared that the inhabitants of such provinces should not be subject to the then existing or to the future laws of any other part of Australia, but should be subject to the laws to be made as therein-after directed for the Government of the province or provinces of 'South Australia."
"
A 2C491.-36. 25.-7'86.
* No. 48.
A