APPEAL. XV. It shall be lawful for His Majesty to allow any person feeling aggrieved by any judge of the Supreme Court to appeal therefrom to His Majesty in Council. LEGISLATIVE COUNCIL. XX. Whereas it is not at present expedient to call a Legislative Assembly in either of the colonies . . it shall be lawful for His Majesty to constitute and appoint in New South Wales and Van Diemen's Land respectively a Council to consist of such persons resident in the said colonies respectively not exceeding fiteen nor less than ten . . . as His Majesty shall be pleased to nominate. POWERS OF THE COUNCILS. XXI. Neither of the Councils shall be competent to act unless two-thirds at the least of the whole number of members on the list of such Council, exclusive of the Governor or Presiding member shall be actually present, and the votes, acts, and resolutions of the major part of the members so present shall be deemed and taken to be the votes, acts, and resolutions of the whole of such Council . . . and the Governors, with the advice of the Legislative Councils, shall have power and authority to make laws and ordinances for the peace, welfare and good government of the Colonies . . . provided that in case all or major part of the members of either of the Councils present shall dissent from any law or ordinance, the members so dissenting shall enter upon the minutes the grounds and reasons of such their dissent, and in every such case such proposed law or ordinance shall not pass into a law, and that in any case where either of the Governors shall refuse to lay any proposal of any law or ordinance before his Council, he shall, on the request of any member of such Council lay before the Council a copy of his refusals and the grounds of his refusal . . . and every member who may dis D approve such refusal shall be at liberty to enter upon the minutes the grounds of such disapprobation. (cf. 4 Geo. IV. cap. 96 s. XXIV.) AMENDED RELATION OF SUPREME COURT JUDGE TO LEGISLATION. XXII. Every law or ordinance made shall within seven days be transmitted to the Supreme Court to be there enrolled and recorded, and every such law or ordinance shall take effect and be binding until His Majesty's pleasure shall be known: but if before the expiration of fourteen days the Judges of the Supreme Courts transmit to the Governor a representation that any such law or ordinance is repugnant to this Act . . or to the laws of England, the Governor shall suspend the operation of the law until the same hath been brought under the review of the Legislative Council: and if upon review the Governor in Council shall adhere to such ordinance, it shall take effect until His Majesty's pleasure shall be known, any repugnancy or supposed repugnancy of such law or ordinance to the Act or the laws of England notwithstanding; and the Judges shall be required in any such representation as aforesaid to state fully the grounds of their opinions which representation shall be forthwith transmitted by such Governor to His Majesty. GOVERNOR TO PRESIDE AT COUNCIL. XXIII. The Governor shall preside at all meetings of the Legislative Council. CHAPTER II. CONSTITUTIONAL DEVELOPMENT IN 1842-1850. REPRESENTATIVE GOVERNMENT, 1842. presentative Coun cil. The Act of 1828 remained in operation for The Third Stage fourteen years, when the third stage in the -A partially reConstitutional development of the colony was reached with the passing of an Imperial Act * establishing a partially representative system. Transportation of convicts had ceased, after considerable agitation on the part of Wentworth and the Patriotic Association; and it was now felt that another endowment of political power might well be bestowed on the colonists. The Bill passed the Imperial Parliament in 1842 without a single dissentient. vote, though this unanimity betokened indifference rather than whole-hearted approval of its clauses. According to the new Act the legislature was not to be entirely purged of its nominee element; yet it would consist mainly of popularly elected representatives. The newly 5 and 6 Vic. cap. 76. Members. constituted Council was to consist of thirtysix members; twenty-four were to be chosen by the enfranchised section of the people, the other twelve to be nominated as hitherto. This dual system of membership was probably regarded as a more or less satisfactory substitute for a bicameral Distribution and or double-chambered Parliament. Of the Qualification of twenty-four representatives, five were to be elected as representatives of the district of Port Phillip generally, and one in particular for the town of Melbourne. Of the twelve nominees, not more than one-half were to be of the official class; the Governor had therefore to nominate at least six civilians. The franchise was limited to owners of freehold worth £200 and householders paying £20 rent per year (lowered in 1850 to £10). The qualification for an elective seat on the Council was the possession of freehold worth £2,000 or returning an annual income of £100. The Council was empowered within certain limits to modify its own constitution. It could, for instance, effect a change in its own numerical strength; but it was especially provided that the ratio of two to one existing between elected and nominated members should be left Increased Powers of the Council. undisturbed. The powers of the re-constituted Council were considerably increased, and for this reason, and because two-thirds of its members obtained their seats independently of the Governor, it was less under the influence of that official. He ceased, for example, to preside over the Council,* for it now had the right to elect its own Speaker. Naturally, therefore, it secured also the right to initiate legislation, though the Governor might still require the discussion of any proposals. It was also incumbent upon the Government to call the legislature together for at least one session every year, and the maximum life of a Council was fixed at five years, subject to earlier dissolution by the Governor. The nominees held their seats, not for life, but for the term of the particular legislature to which they had been nominated. The new body was granted the power to . make laws for the peace, welfare and good government of the colony, though all laws repugnant to British law were invalid. This legislative right included the power to impose customs duties, though no country was to be more favourably treated than any other. Its control over colonial revenues was extended, but was by no means complete. In the first place, it was laid down that the colony must provide a civil list of £80,000 for the remuneration of the Governor and other officials; secondly, the Colonial Office in * Contrast Clause XXIII. of the Act of 1828. |