26 & 27 VICT. c. 84, 1863. Colonial Acts Confirmation. THE COLONIAL ACTS CONFIRMATION ACT, 1863. An Act to confirm certain Acts of Colonial Legislatures.† [28TH JULY, 1863.] 26 & 27 Vict. c. 84. THE COLONIAL ACTS CONFIRMATION of terms. 1. In this Act of Parliament the term "colonial Legislature" shall ACT, 1863.* mean the authority (other than Her Majesty in Council) competent to Interpretation make laws for any of Her Majesty's possessions abroad, except India, the Channel Islands, and the Isle of Man : The term "Governor" shall mean the officer lawfully administering the government of any colony. Acts of 2. All laws heretofore passed or purporting to have been passed by Confirmation any colonial Legislature with the object of declaring or altering the of certain constitution of such Legislature, or of any branch thereof, or the mode of colonial appointing or electing the members of the same, shall have and be deemed Legislatures. to have had, from the date at which the same shall have received the assent of Her Majesty or of the Governor of the colony on behalf of Her Majesty, the same force and effect for all purposes whatever as if the said Legislature had possessed full powers of enacting laws for the objects aforesaid, and as if all formalities and conditions by Act of Parliament or otherwise prescribed in respect of the passing of such laws had been duly observed. THE COLONIAL LAWS VALIDITY ACT, 1865. An Act to remove Doubts as to the Validity of Colonial 28 & 29 Vict. Laws.§ c. 63. THE COLONIAL VALIDITY Definitions. [29TH JUNE, 1865.] LAWS 1. The term "colony" shall in this Act include all of Her Majesty's ACT, 1865.+ possessions abroad in which there shall exist a legislature, as herein-after defined, except the Channel Islands, the Isle of Man, and such territories "Colony." as may for the time being be vested in Her Majesty under or by virtue of an Act of Parliament for the government of India: "Colonial The terms "legislature" and "colonial legislature" shall severally "Legislature." signify the authority, other than the Imperial Parliament or Her Majesty Legislature." in Council, competent to make laws for any colony: tive The term "representative legislature" shall signify any colonial "Representalegislature which shall comprise a legislative body of which one half are legislature." elected by inhabitants of the colony: The term "colonial law" shall include laws made for any colony "Colonial either by such legislature as aforesaid or by Her Majesty in Council: law." An Act of Parliament or any provision thereof, shall, in construing Acts of this Act, be said to extend to any colony when it is made applicable to Parliament, such colony by the express words or necessary intendment of any Act of to colonies. Parliament: when to extend The term "governor" shall mean the officer lawfully administering “Governor." the government of any colony: Short title given, 59 & 60 Vict. c. 14. Printed as amended by Statute Law Revision Act, 1893. Short title given, 55 Vict. c. 10 (repealed) and 59 & 60 Vict. c. 14. $ Printed as amended by Statute Law Revision Act, 1893. Only so much of the Act is printed as is apparently applicable to Queensland. A further enactment as to what this term included was contained in the Foreign Jurisdiction Act, 1878 (41 & 42 Vict. c. 67), s. 4. That Act was repealed by the Foreign Jurisdiction Act, 1890 (53 & 54 Vict. c. 37), infra, title Jurisdiction. "Letters patent." Colonial laws, repugnancy. Colonial Laws Validity. 28 & 29 VICT. c. 63, 1865. The term "letters patent" shall mean letters patent under the Great Seal of the United Kingdom of Great Britain and Ireland. 2. Any colonial law which is or shall be in any respect repugnant to when void for the provisions of any Act of Parliament extending to the colony to which such law may relate, or repugnant to any order or regulation made under authority of such Act of Parliament, or having in the colony the force and effect of such Act, shall be read subject to such Act, order, or regulation, and shall, to the extent of such repugnancy, but not otherwise, be and remain absolutely void and inoperative. Colonial laws, 3. No colonial law shall be or be deemed to have been void or inoperawhen not void tive on the ground of repugnancy to the law of England, unless the same shall be repugnant to the provisions of some such Act of Parliament, order, or regulation as aforesaid. repugnancy. Colonial laws not void for inconsistency with instructions to Governors. Colonial legislatures may establish, law. 4. No colonial law passed with the concurrence of or assented to by the governor of any colony, or to be hereafter so passed or assented to, shall be or be deemed to have been void or inoperative by reason only of any instructions with reference to such law or the subject thereof which may have been given to such governor by or on behalf of Her Majesty, by any instrument other than the letters patent or instrument authorizing such governor to concur in passing or to assent to laws for the peace, order, and good government of such colony, even though such instructions may be referred to in such letters patent or last-mentioned instrument. 5. Every colonial legislature shall have, and be deemed at all times to have had, full power within its jurisdiction to establish courts of &c., courts of judicature, and to abolish and reconstitute the same, and to alter the constitution thereof, and to make provision for the administration of justice therein; and every representative legislature shall, in respect to the colony under its jurisdiction, have, and be deemed at all times to have had, full power to make laws respecting the constitution, powers, and procedure of such legislature; provided that such laws shall have been passed in such manner and form as may from time to time be required by any Act of Parliament, letters patent, Order in Council, or colonial law for the time being in force in the said colony. Representative legislatures may alter their constitutions. Certified copies of laws assented to or Bills reserved to be primâ facie they are properly passed. 6. The certificate of the clerk or other proper officer of a legislative body in any colony to the effect that the document to which it is attached is a true copy of any colonial law assented to by the governor of such colony, or of any Bill reserved for the signification of Her Majesty's evidence that pleasure by the said governor, shall be primâ facie evidence that the document so certified is a true copy of such law or Bill, and, as the case may be, that such law has been duly and properly passed and assented to, or that such Bill has been duly and properly passed and presented to Proclamation the governor and any proclamation purporting to be published by authority of the governor in any newspaper in the colony to which such law or Bill shall relate, and signifving Her Majesty's disallowance of any such colonial law, or Her Majesty's assent to any such reserved Bill as aforesaid shall be primâ facie evidence of such disallowance or assent. as to Her Majesty's disallowance or assent, published in colonial newspaper, to be primâ facie evidence of disallowance or assent. 56 & 57 VICT. c. 72, 1894. Colonial Acts Confirmation. COLONIAL ACTS CONFIRMATION ACT, 1894. 56 & 57 Vict. c. 72. [20TH FEBRUARY, 1894.] COLONIAL WHEREAS Bills have been passed by the legislature of one or more ACTS CONFIRMATION of the following colonies, namely, the colonies of New South ACT, 1894. Wales, Victoria, Tasmania, South Australia, Queensland, and Western [Preamble.] Australia, and the Governor of the colony has given Her Majesty's assent to such Bills, and Her Majesty has not declared her disailowance of the Acts so assented to, and thereupon the Acts have come into operation: And whereas doubts have arisen as to the validity of some of the Acts so passed because they were not reserved for the signification of Her Majesty's pleasure, and it is expedient to remove such doubts: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Colonial Acts Confirmation Act, Short title. 1894. of certain Legislatures. 2. (1.) Any Act passed by the legislature of a colony to which this Confirmation Act applies, and assented to in Her Majesty's name by the governor of Acts of such colony, and not disallowed by Her Majesty before the passing of Colonial this Act, shall be deemed to be and to have been, as from the date of such assent, as valid as if the same had been reserved for the signification of Her Majesty's pleasure, and Her Majesty's assent to the Act had been duly given and signified in the colony at the date aforesaid. (2.) This Act shall apply to the colonies of New South Wales, Victoria, Tasmania, South Australia, Queensland, and Western Australia. COLONIAL ACTS CONFIRMATION ACT, 1901. An Act to Confirm Certain Acts of Colonial Legislatures. 1 Edw. 7 c. 29. W [17TH AUGUST, 1901.] HEREAS it is expedient to confirm certain Colonial Acts the validity of which is open to doubt by reason of their not having been reserved for the signification of Her late Majesty's pleasure: Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: COLONIAL ACTS CONFIRMA TION ACT, 1901. [Preamble.] of certain Legislatures. 1. Each of the Acts mentioned in the schedule to this Act shall be Confirmation deemed to be and to have been, as from the date of the assent thereto of Acts of the Governor of the Colony by whose Legislature it was passed, as valid Colonial as if it had been reserved for the signification of Her late Majesty's [Schedule.] pleasure, and Her late Majesty's assent to the Act had been duly given and signified in the colony at the date aforesaid. 2. This Act may be cited as the Colonial Acts Confirmation Act, short title. 1 WILL. 4 c. 4, 1830. Colonial Governors. 1 Edw. 7 c. 5, 1901. [Section 1.] Acts of the Colony of New Acts of the Colony of Western Australia. SCHEDULE. The Federal Elections Act, 1900 (No. 73 of 1900). The Parliamentary Electorates Redistribution Act, 1900 (No. 84 of 1900). The Parliament of the Commonwealth Elections Act and the Elections Acts, 1885 to 1898, Amendment Act of 1900 (No. 25 of 1900). An Act to correct certain errors in the Constitution Acts Amendment Act, 1899 (No. II. of 1900). The Constitution Act Amendment Act, 1900 (No. V. of 1900). [COLONIAL GOVERNORS ACT, 1830.] 1 Will. 4 c. 4. An Act to extend the Period within which the Patents of Governors of Colonies shall on any future Demise of the Crown become vacant, and to provide for the longer Duration of the Patents of Governors after the Demise of the Crown.* Patents, &c., for exercise of offices abroad shall [23RD DECEMBER, 1830.] 2. No patent, commission, warrant, or other authority, for the exercise of any office or employment, civil or military, within any of his Majesty's plantations or possessions abroad, determinable at the pleasure of his Majesty, or of any of his Majesty's heirs and successors, shall by reason of any future demise of the crown be vacated or become void until the expiration of eighteen calendar months next after any such demise of the demise of the crown as aforesaid. not hereafter determine until eighteen months after crown. DEMISE OF THE CROWN ACT, 1901. 1 Edw. 7. c. 5. An Act to amend the Law relating to the Holding of Offices in case of the Demise of the Crown. DEMISE OF THE CROWN Аст, 1901. Effect of demise of Crown on holding of office. Short title. B [2ND JULY, 1901.] E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. (1.) The holding of any office under the Crown, whether within or without His Majesty's dominions, shall not be affected, nor shall any fresh appointment thereto be rendered necessary, by the demise of the Crown. (2.) This Act shall take effect as from the last demise of the Crown. 2. This Act may be cited as the Demise of the Crown Act, 1901. *Printed as amended by Statute Law Revision Acts, 1874 and 1888 (No. 2). For further provision in relation to this subject, see "The Demise of the Crown Act of 1910," vol. I., page 325. See also next Act printed, infra. c. 15. An Act to enable His most gracious Majesty to make an 1 Edw. 7. Addition to the Royal Style and Titles in recognition ROYAL TITLES of His Majesty's dominions beyond the seas. BE [17TH AUGUST, 1901.] E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Аст, 1901. addition to of Crown. 1. It shall be lawful for His most gracious Majesty, with a view to Power to the recognition of His Majesty's dominions beyond the seas, by His make Royal Proclamation under the great seal of the United Kingdom issued style and title within six months after the passing of this Act, to make such addition to the style and titles at present appertaining to the Imperial Crown of the United Kingdom and its dependencies as to His Majesty may seem fit. 2. This Act may be cited as the Royal Titles Act, 1901. Short title. EDWARD R. I. BY THE KING. WHEREAS an Act was passed in the last Session of Parliament, intituled "An Act to enable His Most Gracious Majesty to make an Addition to the Royal Style and Titles in recognition of His Majesty's Dominions beyond the Seas," which Act enacts that it shall be lawful for Us, with a view to such recognition as aforesaid of Our Dominions beyond the Seas, by our Royal Proclamation under the Great Seal of the United Kingdom issued within six months after the passing of the said Act, to make such addition to the Style and Titles at present appertaining to the Imperial Crown of the United Kingdom and its Dependencies as to Us may seem fit: And whereas our present Style and Titles are in the Latin tongue," Edwardus VII. Dei Gratiâ Britanniarum Rex, Fidei Defensor, India Imperator," and in the English tongue, “Edward VII., by the Grace of God of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, Emperor of India": We have thought fit, by and with the advice of Our Privy Council, to appoint and declare, and We do hereby, by and with the said advice, appoint and declare that henceforth, so far as conveniently may be, on all occasions and in all instruments wherein Our Style and Titles are used, the following addition shall be made to the Style and Titles at present appertaining to the Imperial Crown of the United Kingdom and its Dependencies; that is to say, in the Latin tongue, after the word "Britanniarum," these words "et terrarum transmarinarum quæ in ditione sunt Britannicâ"; and in the English tongue, after the words "of the United Kingdom of Great Britain and Ireland," these words, "and of the British Dominions beyond the Seas." And Our will and pleasure further is, that all gold, silver, and bronze moneys, now current and lawful moneys of the United Kingdom, and all gold, silver, and bronze moneys which shall, on or after this day, be coined by Our authority with the like impressions, shall, notwithstanding such addition to our Style and Titles, be deemed and taken to be current and lawful moneys of the said United Kingdom; |