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we think that the Ordinance must be regarded as ancillary to the execution of sentences which are valid and operative, and that when these sentences cease to be effective the Ordinance cannot in point of law be invoked to justify further detention.

3. We think that for this purpose legislation here or in South Africa is necessary. 4. We have nothing to add to our former reports on this subject.

•

26332

The Right Honourable J. Chamberlain, M.P.,

&c.,

&c.,

&c.

We have, &c.

R. B. FINLAY. EDWARD CARSON.

SIR,

No. 157.

(TASMANIA.)

LAW OFFICERS to COLONIAL OFFICE.

[Power of the Tasmanian Parliament to alter its Legislative Constitution.

Royal Courts of Justice,

June 30, 1902. We were honoured with your commands signified to us by Mr. Bertram Cox in his letter of the 17th instant, stating that he had been directed by you to transmit to us a letter from the Agent General of Tasmania in which he asked on behalf of his Govern ment for advice upon the question whether, having regard to the provisions of the Colonial Laws Validity Act, 1865, the Tasmanian Parliament had power to alter the Constitution of that Colony by establishing one House of Legislature in place of the two Houses, namely, the Legislative Council and the House of Assembly, which at present existed.

That under the provisions of the Act 13 and 14 Vict. c. 59, the Australian Constitu- tions Act, 1859, Section 32, it was provided that the Governor and Legislative Council of the Colony of Van Diemen's Landl might by any Act establish therein instead of the Legislative Council theretofore existing a Council and a House of Representatives of other separate Legislative Houses, but that the Act apparently did not provide any power to reverse the process therein described, and after the establishment of two Houses of Legislature to abolish those Houses and substitute a single Assembly. That accord- ingly it appeared that a law of Tasmania abolishing the present separate Houses and substituting one House of Legislature would be repugnant to the provisions of the Australian Constitutions Act, 1850. That Section 5, however, of the Colonial Laws Validity Act, 1865, provided that every Colonial Legislature should have full power to make laws respecting the constitution of its Legislature, provided that such laws were passed in such manner and form as might from time to time be required by any Act of Parliament.

That Mr. Cox was to request us to take these matters into our consideration and to alvise you :-

(1) Whether having regard to the 5th section of the Colonial Laws Validity Act, 1865, the Tasmanian Legislature can reform the Legislative Constitution of the Colony by a local Act establishing one House of Legislature in place of the two Houses now existing?

(2) If not, by what means such reform can be carried out ?

We have taken the matter into our consideration, and, in obedience to commands,

have the honour to

Report-

In our opinion the Tasmanian Legislature can effect the change mentioned. Does not arise.

The Right Honourable Joseph Chamberlain, M.P.,

&C.,

&C.,

&c.

12177-25-7/1902 Wt 2757 D & S

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We are, &c.,

R. B. FINLAY.

EDWARD CARSON.

PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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