priation of any part of the public revenue for any purpose which should not have been first recommended by the Governor to the House.

The Bill so drawn did not, on its face, disclose the powers and functions of the proposed bi-cameral legislature. For those powers and functions reference has to be made to sec. 14 of the Act 13 and 14 Vic. c. 59, which defines the powers and functions of the Legislative Council created under that Act. The bi-cameral legislature created to replace that Council could, under sec. 32, exercise only "the powers and functions of the Legislative Council for which the same may be substituted." No law-making power was ever given to this bi-cameral legislature, except by reference, and to this day the laws of Tasmania are made in pursuance of the powers given by the original Enabling Act (13 and 14 Vic. c. 59), and not by the so-called Constitution. In fact it is not a Constitution; it is a graft on, or a development of a pre-existing Constitution, viz., the Enabling Act 13 and 14 Vic. c. 59, secs. 7, 14, and 32. See Notes on the Constitution of South Australia by the Hon. Sir R. C. Baker, p. 10.

RESPONSIBLE GOVERNMENT.-The Bill so drawn, and called "the Constitution," was passed by the Legislative Council on 31st March, 1854, and was reserved by the Lieutenant-Governor for the signification of Her Majesty's pleasure. It was assented to and proclaimed on 24th October, 1856, and the first Parliament was opened on 2nd December, 1856. Sir Henry Edward Fox Young was appointed the first Governor-in-Chief of the colony under the new system of Responsible Government. The first Responsible Ministry was composed of Mr. William T. N. Champ, Colonial Secretary and Premier; Mr. T. D. Chapman, Colonial Treasurer; Mr. F. Smith, Attorney-General; Mr. J. W. Rogers, Solicitor-General; Mr. H. F. Anstey, Secretary for Lands and Works; Mr. W. E. Nairn (without office).

ENLARGED LEGISLATIVE POWERS.-At about the same time an Imperial Act was passed (18 and 19 Vic. c. 56) authorizing the legis lature of each of the Australian colonies to sell, dispose of, and legislate concerning the waste lands of the Crown in the colony. In 1865 the Colonial Laws Validity Act (28 and 29 Vic. c. 63) removed the common law restriction which prevented colonial legislatures from passing any law repugnant to the law of England. In 1875 the prohibition contained in the Act 13 and 14 Vic. c. 59, preventing colonial legislatures from passing any law providing for the imposition of differential duties, was by the Australian Colonies Duties Act (36 and 37 Vic. c. 22) abolished, as far as intercolonial duties were concerned. Other Imperial Acts applicable to the colonies and enlarging the powers of the Parliament of Tasmania, in common with those of the other Australian Parliaments, are specified under the heading of "New South Wales," pp. 49-51, supra.

A

CHANGE OF NAME. In the year 1853, on the acquiescence of the Imperial Government in the cessation of transportation (finally abolished in 1857 by 20 and 21 Vic. c. 3), the name "Tasmania was generally and voluntarily adopted instead of Van Diemen's Land. despatch from the Duke of Newcastle, giving the approval of the Colonial Office to the change, was published in the Gazette of 3rd May of that year. But it was not until an Act, 19 Vic. No. 17, was

passed in December, 1855, that the change was legalized. This is intituled "An Act to obviate any doubts which might otherwise arise from the change in the name of the colony of Van Diemen's Land to Tasmania," and it came into operation on 1st January, 1856.

REFORMS. There are at present 18 members of the Legislative Council of Tasmania. The qualifications of members of the Council are male; 30 years; natural born or naturalized subjects; resident three years in the colony. The tenure is six years; one-sixth of the members retiring each year. The qualifications of electors for the Council are male; 21 years; natural born or naturalized subjects, possessed of freehold estate of the annual value of £15 or leasehold estate of the annual value of £30; or University graduates, barristers, solicitors, or medical practitioners. The qualifications of electors of the House of Assembly, of which there are 37 members, are: male; 21 years; natural born or naturalized subjects; owners or occupiers of property whose names appear on an assessment roll in the district for which the vote is claimed or who are in receipt of an income of £40 per annum, and who have continuously resided in the district for over twelve months. In the city districts of Hobart and Launceston a modification of the Hare system of preferential voting is in force. Members of both Houses receive £100 per year each.

In Tasmania the elective Legislative Council has claimed absolute. equality of power with the Legislative Assembly, except in the origination of Money Votes. Not only has it claimed, but it has been permitted, to amend Tax Bills, Supply Bills, and even Bills for the appropriation of Supplies for the annual services of the Government.

(4) SOUTH AUSTRALIA.

FIRST STATUTORY AUTHORITY.-This province originally comprised that part of the colony of New South Wales lying between the meridians of 132° and 141° of east longitude, bounded on the south by the Southern Ocean, and on the north by 26° parallel of south latitude. By the Act 24 and 25 Vic. c. 44, a strip of territory, comprising 80,000 square miles, lying between South Australia and Western Australia, called "no man's land," was on 10th October, 1861, added to the province, thus extending its western limits to 129 east longitude, the former western boundary of New South Wales. On 6th July, 1863, the vast tract of country known as the Northern Territory, formerly a part of New South Wales, was, by letters patent, added to the province.

In 1829, Mr. Edward Gibbon Wakefield published a pamphlet under the title of "A Letter from Sydney," in which he propounded a new system of colonization, the essence of which was that the Crown should sell the waste lands of Australia at substantial prices for cash and apply the proceeds to the promotion of immigration and the making of roads. In 1831, a company was formed in England with the object of promoting systematic colonization in South Australia on the lines laid down by Mr. Wakefield. Objection was taken to giving

legislative power to an irresponsible company, and the scheme fell through. Amended proposals were afterwards submitted to the Imperial Government, and on 15th August, 1834, the Act 4 and 5 Will. IV. c. 95 was passed, intituled "An Act to empower His Majesty to erect South Australia into a British possession or province, and to provide for the colonization thereof." This Act enabled His Majesty, with the advice of the Privy Council, to erect and establish South Australia into a British province and to authorize and empower one or more persons resident in the province to make, ordain, and establish such laws, institutions, and ordinances, to impose such duties and taxes, and to appoint such officers and to constitute such courts as might be necessary for the peace, order, and good government of the people of the province. It also empowered the King, with the advice of the Privy Council, to appoint colonization commissioners, who were to have the control of the Crown lands. Power was given to make orders and regulations for the survey and sale of the lands, and to employ portion of the money so derived in conducting the immigration of labourers from Great Britain. In the exercise of these powers the province was erected and established, and a Governor, a Judge, seven Commissioners, and other officials were appointed. The Governor, with the concurrence of the Chief Justice, the Colonial Secretary, and the Advocate-General, or two of them, was authorized to make laws and impose taxes.

Captain (afterwards Admiral Sir) John K. H. Hindmarsh, R.N., was appointed the first Governor; Colonel Light, Surveyor-General; Colonel Torrens, Chairman of the Commission in England; Mr. (afterwards Sir) James Hurtle Fisher, Resident Commissioner; Colonel Goudge, Colonial Secretary; Sir J. W. Jeffcott, Judge; Mr. Charles Mann, Advocate-General; Captain Thomas Lipson, Naval Officer; Mr. George Stevenson, Governor's Secretary and Clerk of Council.

The first ship despatched to South Australia by the Commissioners was the Cygnet, which in July, 1836, arrived at Kangaroo Island, where there was a small whaling station. Among the passengers was Mr. (afterwards Sir) George Strickland Kingston, who was one of a party of survey officers. The ships Duke of York and Lady Mary Pelham, conveying immigrants, sailed in February, 1836, and arrived at Kangaroo Island in August following. Shortly afterwards the Rapid arrived with an additional survey party under Colonel Light. Not satisfied with Kangaroo Island, he searched along the main land for a site suitable for the settlement. A tract on the Torrens River was eventually selected at a suitable spot. It was called Adelaide in honour of the Queen of William IV. On 28th December, 1836, Governor Hindmarsh arrived in the Buffalo. He issued a proclamation at Glenelg, announcing the establishment of the Government. Thus began colonization in South Australia.

A CROWN COLONY.-In May, 1841, the settlement being in considerable financial difficulties, Governor Gawler was recalled, being succeeded by Captain (afterwards Sir) George Grey. The British Government decided to lend the colony sufficient money to pay its debts, to re-model the system of government and to abolish the colonization commission. South Australia then became a Crown

colony. In 1842 the Act 5 and 6 Vic. c. 61 was passed, intituled "An Act to provide for the better government of South Australia.” Her Majesty was empowered to constitute a nominated Legislative Council consisting of the Governor and seven other persons resident therein, with power to make laws for the government of the colony.

That system of government continued in force until the inauguration of a new scheme under the Constitutional Act, 13 and 14 Vic. c. 59 (5th August, 1850), already referred to. Section 7 of that Act authorized the legislature, then by law established in South Australia, to establish a Legislative Council consisting of not more than 24 members, of whom one-third were to be appointed by Her Majesty, and the remainder were to be elected by the qualified inhabitants. Section 14 gave the Governor, with the advice and consent of this Legislative Council, power to make laws for the peace, welfare, and good government of the province, and to appropriate to the public service the whole of the revenue arising from taxes, duties, rates, and imposts, provided that no such law should be repugnant to the law of England, or interfere with the sale or appropriation of the waste lands of the Crown. The qualifications of members and electors of the new Council were to be the same as those of the members and electors of the Legislative Council of New South Wales, under the Act 5 and 6 Vic. c. 76, as amended by 13 and 14 Vic. c. 59. The Council could not pass any law appropriating to the public service any sum of money unless the Governor should first recommend to the Council that provision should be made for such appropriation. On 21st July, 1851, the Legislative Council, consisting of 24 members, was constituted.

THE NEW CONSTITUTION.-In 1853 the Legislative Council of South Australia, in pursuance of the power conferred by sec. 32 of the Act 13 and 14 Vic. c. 59, passed a Bill to establish a bi-cameral legislature for South Australia, consisting of a Legislative Council of not less than 12 members to be nominated by the Crown, and a House of Assembly of 36 members to be elected by the inhabitants. The qualifications of electors and members were defined in the Bill, which, inter alia, contained a provision limiting the right of the Crown in the disallowance of Bills. The Bill was passed by the Council and reserved for the Queen's assent, which was refused on the ground that its provision limiting the Crown's right of disallowance of Bills. was in excess of the power conferred in sec. 32.

On 15th August, 1855, the old Council of 1851 was dissolved by proclamation, and a new Council was duly constituted, partly by election and partly by nomination. In the meantime a copy of the Constitution which had been passed by the Tasmanian Legislative Council was forwarded by the Secretary of State for the Colonies to the Governor, Sir Richard Graves McDonnell, with an intimation that a Bill drawn on similar lines would be sanctioned. A second Bill to create a bi-cameral legislature for South Australia was then introduced into the newly-constituted Council. It provided for the creation of two elective Houses to take the place of the Council created by the Act 13 and 14 Vic. c. 59. This Bill was to be called a Constitution Act. Like its Tasmanian model, however, it conferred no law-making

power on the bi-cameral legislature, except by reference. In order to ascertain the principal legislative powers and functions of the Parliament of South Australia, reference has to be made to the Act 13 and 14 Vic. c. 59, defining the legislative powers and functions of the Council for which it was substituted.

According to that Act the Parliament was authorized to make laws for the peace, order, and good government of South Australia; to raise revenue by various methods of taxation, including the imposition of duties of customs, and to appropriate the public revenue for public purposes. By the proposed new Constitution all Bills for appropriating any part of the revenue of the province, or for imposing, altering, or repealing any rate, tax, duty, or impost, were required to originate in the House of Assembly. Neither House could pass any vote, resolution, or Bill for the appropriation of any part of the revenue for any purpose, unless the Governor should have first recommended to the House of Assembly that provision should be made for such appropriation. The appointment to all public offices under the Government of the province was vested in the Governor, with the advice and consent of the Executive Council, except the appointment of certain political officers, required to be members of Parliament, whose appointment and dismissal was vested in the Governor alone. After the first general election no person could hold the office of Chief Secretary, Attorney-General, Treasurer, Commissioner of Crown Lands, or Commissioner of Works, for any period longer than three months, unless he were a member of the Council or of the House of Assembly. This Bill, though described as a Constitution, was in fact not a Constitution, but, like that of Tasmania, a graft on, or a development of a pre-existing Constitution.-Sir R. C. Baker, Notes on the Constitution of South Australia, "Adelaide and Vicinity," p. 10. It was passed by the Council on 4th January, 1856, and was reserved by the Governor for the signification of the Queen's pleasure. It received the Royal assent, and was proclaimed on 24th October, 1856.

ENLARGED LEGISLATIVE POWERS.-At about the time when the Bill received the Royal assent, the Imperial Act (18 and 19 Vic. c. 56) was passed, authorizing the legislature of each of the Australian colonies to sell, dispose of, and legislate concerning the waste lands of the Crown in the colony. In 1865, the Colonial Laws Validity Act (28 and 29 Vic. c. 63) removed the common law restriction which prevented colonial legislatures from passing any law repugnant to the law of England. In 1873, the prohibition contained in the Act 13 and 14 Vic. c. 59, preventing colonial legislatures from passing any law providing for the imposition of differential duties, was by the Australian Colonies Duties Act (36 and 37 Vic. c. 22) abolished as far as intercolonial duties were concerned. A list of other Imperial Acts enlarging the powers of the Parliament of South Australia, in common with those of the Parliaments of the other Australian colonies, will be found under the heading of "New South Wales," pp. 49-51, supra.

RESPONSIBLE GOVERNMENT.-The election of members of the two new Houses took place in March, 1857. The first session of the new Parliament commenced on 22nd April, 1857, during the Governorship of Sir Richard Graves McDonnell. The first Responsible Ministry