CO885-(13-15) — Page 352

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PUBLIC RECORD OFFICE

TIL C.O.885

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14 PUBLIC RECORD OFFICE, LONDON

No. 51.

(NEW SOUTH WALES

LAW OFFICERS to COLONIAL OFFICE.

Law Officers' Department, Royal Courts of Justice, February 9, 1894.

MY LORD,

We were honoured with your Lordship's command signified in Mr. Wingfield's letter of the 5th instant, stating that he was directed by your Lordship to request that we would favour you with our opinion as to the validity of an Act of the Legislature of New South Wales (No. 38 of 1893) which was assented to by the Governor in the name and on behalf of Her Majesty, on the 13th June 1893, the Attorney-General of the Colony having advised that there was no objection to the Governor giving his assent to it, and that the Governor was not required under the provisions of the Constitution or any other Act or Royal Instructions to withhold his assent to it, or to reserve it for the signification of Her Majesty's pleasure.

That Mr. Wingfield was to call our attention to the following Acts of Parliament:-

5 & 6 Vict. c. 76 (s. 31, 32, and 33).

7 & 8 Viot. c. 74 (s. 7).

13 & 14 Vict. c. 59 (s. 12, 32, and 33).

18 & 19 Vict. c. 54 (s. 3 and 4, and Schedule).

25 Vict. c. 11.

26 & 27 Vict. c. 84.

And to the reserved Bill of the Legislative Council of New South Wales contained in the Schedule to 18 & 19 Vict. c. 54., which was assented to by Her Majesty in Council in pursuance of that Act and was known as the Constitution Act of that Colony.

5. That the Act 5 & 6 Vict. c. 76. s. 31. provided (inter alia) that all Bills passed by the Legislative Council of New South Wales constituted by that Act altering or affecting the divisions and extent of the several districts and towns which should be represented in the Legislative Council or establishing new or other divisions of the same, or altering the number of the members of the Council to be chosen by the said districts and towns respectively, or increasing the whole number of the Legislative Council, should in every case be reserved by the Governor for the signification of Her Majesty's pleasure thereon, except such Bills for temporary laws as the Governor should expressly declare necessary to be forthwith assented to by reason of some public and pressing emergency; and that section 33 of the same Act provided that no Bill so reserved should have any force or authority within the Colony until the Governor should signify, either by speech or message to the Legislative Council, or by proclama- tion in the "New South Wales Gazette that such Bill had been laid before Her Majesty in Council, and that Her Majesty had been pleased to assent to the same.

That the Act 7 & 8 Vict. c. 74. e. 7, provided that it should not be necessary for the Governor of New South Wales to reserve any Bill required by 6 & 7 Vict. c. 76. to be reserved to which he should have previously received instructions on the part of Her Majesty to assent, and to which he should assent accordingly.

That the Act 13 & 14 Vict. c. 59. after providing for the establishment of Legislative Councils in the Colonies of Victoria, Van Dieman's Land (now Tasmania), South Australia, and Western Australia, enacted by 8. 12 that all the provisions of 5 & 6 Vict. c. 76. as explained and amended by 7 & 8 Vict. c. 74. concerning (inter alia) "the giving and withholding of Her Majesty's assent to Bills, and the reservation of Bills for the signification of Her Majesty's pleasure thereon, and the Bills so reserved should apply to and be in force in those four Colonies.

"

That section 32 of the same Act empowered the Governors and Legislative Councils of New South Wales and of each of the other four above-named Colonies, from time to time by any Act or Acts to alter the provisions or laws for the time being in force under that Act, concerning the election of the elective members of such Legislative Councils, the qualifications of electors and elective members, or to establish in the said Colonies respectively instead of the Legislative Council a Council and a House of Representatives or other separate Legislative Houses, subject to a proviso that every Bill which should be passed by the Council in any of the said Colonies for any of such purposes should be reserved for the signification of Her Majesty's pleasure thereon, and that a copy of such Bills should be laid before both Houses of Parliament for 30 days at least before Her Majesty's pleasure thereon should be signified.

0 79871.-3. 25.--3/94.