CO885-(11-13) — Page 711

PUBLIC RECORD OFFICE

Reference :-

TILLC.O.

سياسيا

885

13 PUBLIC RECORD OFFICE, LONDON

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That the next section provided for the making of laws within the said province or provinces; and that the rest of the Act related to the administrative government of the province or provinces (now the Colony) of South Australia.

That the last-mentioned Act was amended in some of its provisions by the Act 1 and 2 Victoria, chapter 60, which recited that His Majesty had in February 1836, by Letters Patent under the Great Seal and with the advice of his Privy Council, established one province of South Australia and had fixed the boundaries of the same, viz., the boundaries above described. That both Acts were repealed in 1842 by the Act 5 & 6 Victoria, chapter 61, which made fresh provisions for the laws and government of the province, and as to the legislative body, but was silent as to the boundaries.

That the Commission of Governor Bourke's successor in New South Wales, Sir George Gipps, issued in October 1837, gave the same boundaries as in that of his predecessor, save and except that part of our territory above described, which is known as the province of South Australia, and which lies between" the boundaries above described.

That in June 1839 a further Commission or Letters Patent were issued to Sir George Gipps, revoking the boundaries of his first Commission, and appointing him Governor of "Our territory called New South Wales" by the previous description, "and also including any territory which is or may be acquired in sovereignty by us, &c., within that group of Islands in the Pacific Ocean called New Zealand.'

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That in 1840 the Act 3 & 4 Victoria, chapter 62, was passed, reciting the above- mentioned Act of 9 George IV., chapter 83, and by the second section declaring it to be lawful for Her Majesty, by Letters Patent, to erect into a separate Colony or Colonies any Islands which then were or thereafter might be comprised within and be dependencies of New South Wales, and by the third section providing for legislative councils to be constituted in any such Colony.

That Letters Patent were accordingly issued in November 1840, by which New Zealand was established as a separate Čolony. That those Letters Patent recited the last-mentioned Act, and purported to be issued in pursuance of it.

That in 1842 the Act 5 & 6 Victoria, chapter 76, was passed, which-sections 1 to 50-created a more numerous and partly elective Legislative Council for New South Wales, and provided for the exercise of its powers and for other matters of admi- nistration. That the 51st section, after reciting that New South Wales was of great extent, and that it might be fit that the territories then comprised within the said Colony should be divided into separate Colonies, and that provision should be made for the temporary administration of the government of any such newly-erected Colony as might not possess a sufficient population for the immediate establishment therein of the form of Government therein-before provided, declared that it should be lawful for Her Majesty, by Letters Patent to be from time to time issued, to define, as to Her Majesty should seem meet, the limits of New South Wales, and to erect into a separate Colony or Colonies any territories "which now are, or are reputed to be, or hereafter may be comprised within the said Colony of New South Wales."

That a restrictive proviso at the end of the section as to part of the Colony was not at the present time material.

That the 52nd section empowered Her Majesty by any such Letters Patent to constitute a legislative council of nominated members for any such new Colony.

That by Letters Patent issued the 24th October 1843 Norfolk Island was severed from New South Wales and attached to the Colony of Van Diemen's Land.

That on the 17th of February 1846 further Letters Patent were issued which, after rociting the 51st and 52nd sections of the last-mentioned Act, and in pursuance of that Act and in exercise of the powers conferred thereby, erected into a separate Colony by the name of North Australia all those territories comprised within the Colony of New South Wales as lay to the northward of the 26th degree of South latitude, and provided for the creation of a legislative council and for the government of the new Colony in other respects. That a clause was included empowering Her Majesty to revoke, alter, or amend those Letters Patent.

That on the 21st of February 1846 a Commission or Letters Patent was issued to Sir Charles Fitzroy appointing him Governor of North Australia by the above description.

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That on the 28th of December 1846 the two last-mentioned Letters Patent were entirely revoked by other Letters Patent.

That on the 20th of February 1846 a Commission or Letters Patent under the Great Seal was issued to Sir Charles Fitzroy appointing him Governor of New South Wales,

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described as lying between the 129th and 154th degrees of east longitude, and between the 26th and 40th degrees of south latitude (excepting the provinces of South Australia).

That on the 3rd of April 1848 by Letters Patent which recited the Act 5 & 6 Victoria, chapter 76, Her Majesty, “in exercise of the powers vested in Us by the said Act," declared that New South Wales, in addition to the territory comprised in Sir C. Fitzroy's Commission, "comprehends all our territory lying northward of the 26th degree of south latitude."

That in August 1850 the Act 13 & 14 Victoria, chapter 59, was passed, and that by the 1st and 2nd sections provision was made for the erection of the south-eastern portion of New South Wales into the separate Colony of Victoria and for the creation of a legislative council therein. That by the 34th section it was provided that, on the petition of the inhabitants of the territories between the 26th and 30th degrees of south latitude, the Queen might from time to time detach such territories and erect them into a separate Colony, or include them in any Colony or Colonies to be established under the previous Act.

That the powers conferred by the Act 5 & 6 Victoria, chapter 76, had not been put in force except for the creation of the above-named Colony of North Australia; but that it had been suggested that under the operation of those two Acts the Queen might from time to time have formed into two Colonies any territories which at or after the date of the first Act were part of New South Wales, north of the 26th degree of south latitude (or on petition, between the 26th and 30th degrees), and that the language of the Acts authorised the sub-division from time to time of any Colony so created, subject only to the limitation that the territory to be dealt with had at or after the passing of the Act of 1842 formed part of New South Wales.

That in 1853 a Bill to confer a constitution on New South Wales and to grant a civil list to Her Majesty was passed by the Legislature of the Colony, and reserved by the Governor for the signification of Her Majesty's pleasure. That that Bill (of which a copy was enclosed) contained two clauses, 53 and 54, relating to the boundaries of New South Wales and other Colonies; and that the latter declared that no alteration of their boundaries (except as provided in clause 53) should take place unless the assent of the Colony losing any portion of its territory by such alteration had been expressed by its Legislature.

to time.

That the Act 18 & 19 Victoria, chapter 54, section 1, empowered Her Majesty in Council to assent to the said reserved Bill as contained in the schedule, being "amended by the omission of certain provisions thereof" (see preamble), one of the omitted provisions being clause 54, and clause 53 becoming No. 46 in the schedule, the effect of such amendment being, it was submitted, to retain unfettered whatever powers were possessed by the Crown for the subdivision of Colonies existing from time That the second section of the same Act repealed so much of (inter alia) the Acts 5 & 6 Victoria, chapter 76, and 13 & 14 Victoria, chapter 59, as related to New South Wales, and were repugnant to the reserved Bill, but that such repeal would seem not to extend to the sections quoted above, viz., 51 and 34.

That the reserved Bill empowered Her Majesty to alter the northern boundary of New South Wales, and that section 7 of the Act 18 & 19 Victoria, chapter 54, authorised Her Majesty by Letters Patent from time to time to erect into a separate Colony or Colonies any territories which might be separated from New South Wales by such alteration of the northern boundary.

That by Letters Patent dated 6th June 1859, reciting the reserved Bill and the last-mentioned Act, Her Majesty, "in pursuance of the powers vested in Us by the said Bill and Act, and of all other powers and authorities in Us vested in that behalf," separated from New South Wales and erected into a separate Colony (Queensland) so much of New South Wales as lay north of a line therein described, being mainly the 29° of South latitude to the 141st meridian of East longitude, "which is the boundary of South Australia.” That an extract of those Letters Patent was enclosed.

That a doubt arose as to the western boundary of Queensland, viz., whether it followed the 141st degree to the Gulf of Carpentaria, or whether it was co-terminus with South Australia as far as the 26th degree of south latitude, which was the northern boundary of the latter province, and thence was to be taken as co-terminus with Western Australia at the 129th degree of east longitude, and to follow that degree to the northern coast of Australia. That it would also be seen that south of the 26th parallel a portion of New South Wales was left between the eastern boundary of Western Australia and the 132nd degree of east longitude, which was the western

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