VICTORIA.

The Colony of Victoria was established by separation from New South Wales on July 1st, 1851, under the provisions of 13 and 14 Vict., c. 59, § 1, and was upon that day duly proclaimed by the Governor-General. Thereupon the authority of the Legislative Council of New South Wales over the colony ceased and determined. The law of the colony includes:

1. Laws and Ordinances of the Legislative Council of New South Wales up to July 1st, 1851, which by the Act were continued in operation in the colony until such time as the Governor and Legislative Council of Victoria should see fit to repeal or alter them.

2. From July 1st, 1851, to March 20th, 1856, Laws and Ordinances of the Governor and Legislative Council of Victoria (one third nominated, two thirds elected).

3. From November 21st, 1856, Laws made by a Legislature consisting of Her Majesty, a Legislative Council, and a Legislative Assembly (both elected), established by 18 and 19 Vict., c. 55, empowering Her Majesty to assent to a Bill as amended, passed by the Governor and Legislative Council, entitled "An Act to establish a Constitution in and for the Colony of Victoria." This Act was proclaimed in the colony on November 23rd, 1855, and thereupon came into force.

4. Orders, Rules, and Regulations made by various authorities in pursuance of powers conferred by the Legislature of the Colony.

5. Statutes of the Federal Council of Australasia since 1886.

QUEENSLAND.

The Moreton Bay District of New South Wales was by letters patent proclaimed a separate colony under the name of Queensland on the 6th of June, 1859, in pursuance of a power contained in 5 and 6 Vict., c. 76, §§ 51 and 52; 13 and 14 Vict., c. 59, §§ 34 and 35; and 18 and 19 Vict.,

c. 54, schedule 1, § 46. The law of the colony therefore includes:

1. The Ordinances and Statutes of New South Wales up to the date of separation so far as not varied or repealed by the Legislature of Queensland.

2. The Statutes passed by a Legislature consisting of the Governor, Legislative Council, and a Legislative Assembly established by an Order in Council of June 6th, 1859, validated and effectuated by 24 and 25 Vict., c. 44.

3. Orders, Rules, and Regulations made by various authorities in pursuance or powers conferred by the Legislature of the Colony.

4. Statutes of the Federal Council of Australasia since 1886.

SOUTH AUSTRALIA.

In 1834 Parliament was persuaded to sanction an experiment in free colonization, and on the 28th of December, 1836, under the powers contained in the 4 and 5 Will. IV., c. 95, His Majesty proclaimed "The Province of South Australia." The Act specially exempted the province. from the laws and jurisdiction of any other part of Australia. The law enacted in the colony consists of:

1. Ordinances or Acts of Council passed from December 28th, 1836, up to and inclusive of the year 1843, by a Council consisting of the Governor and four official members constituted under the authority of 4 and 5 Will. IV., c. 95, and 1 and 2 Vict., c. 60.

2. Ordinances or Acts of Council passed from the year 1844 to the 21st of February, 1851, both inclusive, by a Legislative Council consisting of the Governor, three official and four non-official members, constituted under the authority of 5 and 6 Vict., c. 61.

3. Ordinances or Acts of Council passed from the 3rd of October, 1851, to the year 1856, both inclusive, by the Governor and a Legislative Council of twenty-four members, eight nominated by the Crown and sixteen elected, constituted under Ordinance No. 1 of 1851, pur

suant to power given by the Imperial Statute 13 and 14 Vict., c. 59.

4. Acts passed from 1857 inclusive down to the present day by the Parliament of South Australia constituted under the Constitution Act No. 2 of 1855-6, which Act itself was authorized by 13 and 14 Vict., c. 59, the "Act for the better government of Her Majesty's Australian Colonies."

5. Orders, Rules, and Regulations made by various authorities in pursuance of powers contained in these Acts.

South Australia in 1888 became a member of the Federal Council of Australasia, and sent delegates to the session of 1889. No law affecting her was passed, and she ceased to be a member before the next session.

WESTERN AUSTRALIA.

The Colony of Western Australia was declared a British Colony by settlement on May 2nd, 1829, and the first governor entered upon his government on June 1st, which is said to be the date of the introduction of English law. The law enacted in the colony consists of:

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1. Laws, Institutions, and Ordinances made by persons appointed first by Order in Council of December 29th, 1831, under 9 and 10 Geo. IV., c. 22. The power of appointment was continued from time to time by other Acts, and the Persons" were increased in number and became a "Legislative Council." A non-official element was introduced in 1839, and in 1868 a representative element. This Legislature began to exercise its powers at the commencement of 1832 and continued until the end of 1870.

2. Laws made by the Governor and a Legislative Council (one-third nominated and two-thirds elected) established in 1870 by Ordinance of the Council last mentioned (Act No. 13, June 1st, 1870) under the authority of 13 and 14 Vict., c. 59, § 9.

1 Journal of the Society of Comparative Legislation, N.S., No. 1, p. 71.

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3. Laws made by the Queen with a Legislative Council and Legislative Assembly established by 53 and 54 Vict., c. 26 (empowering the Crown to assent to Western Australian Constitution Act, 1889, passed by the Legislative Council).

4. Orders, Rules, and Regulations issued under the authority of the Ordinances or Acts.

5. Since 1886 Acts of the Federal Council of Australasia.

CHAPTER II.

THE HISTORY OF AUSTRALIAN FEDERATION.

THE dangers which attended the existence in a remote part of the world of a group of separate colonies became apparent as soon as the first of those colonies obtained the most rudimentary form of self-government. An Imperial Act of 1842 provided for the establishment of a Legislature in New South Wales, of whose members two-thirds were to be elected by the inhabitants of the colony. In a few years the Legislatures of New South Wales and Van Diemen's Land were in conflict on the tariff, and Sir Charles Fitzroy, the Governor of New South Wales, in recommending the disallowance of an Act of the Council of Van Diemen's Land, indicated at once the danger and the remedy. He considered it "extremely desirable that the colonies in this part of Her Majesty's dominions should not be permitted to pass hostile or retaliatory measures calculated not only to interrupt their commercial intercourse with each other, but to create feelings of jealousy and ill-will which, if not checked, may lead to mischievous results." It appeared to him that, "considering its distance from home and the length of time that must elapse before the decision of Her Majesty's Government upon measures passed by the Legislatures of these colonies can be obtained, it would be very advantageous to their interests if some superior functionary were to be appointed to whom all measures

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