singularly hard to get and very difficult to organise.1 The scheme of District Boards gradually developed, till it glided naturally into the policy of the "Shires Statute" of 1869,2 which again led the way to the consolidating Local Government Act of 1874. But it is doubtful if the credit of the policy can rightly be claimed by Victorian statesmen, for there can be little hesitation in attributing the main outlines at least of the scheme to similar legislation which had taken place a short time before in South Australia and Van Diemen's Land.3 But another great step in the development of local government was taken in this period. In the year 1854 general measures upon the subject were proposed by the Government, which obviously wished to attempt some fulfilment of the intentions of the Constitution Statute. Although former efforts to introduce a complete scheme of local government into the country districts had not been successful, the town corporations of Melbourne and Geelong had for some time been in existence with good results, and quite recently the municipal franchise had been greatly extended.* The result of the Government proposals was the "Act for the Establishment of Municipal Corporations," which empowered the incorporation of any area not exceeding 9 square miles, and having a population of at least 300, upon the petition of 150 resident householders, not opposed by a greater number, and authorised the Governor, with the consent of the municipality, subsequently to include within it any adjoining district with a density of population of 36 resident householders to the square mile.7 6 The governing body of the municipality is to be a Council, consisting of three, five, or seven members, with a chairman annually elected, and made, ex officio, a justice of the peace.s The members of Council retire by rotation, but are re-eligible." The powers given to the municipal Council are considerable. It has the power of making by-laws for the "general good government" of the district." It is to manage the roads, piers, and wharves, and to provide and manage public cemeteries, to care for the poor and infirm, to provide a water supply, and to 1 V. and P. 1852-3, ii. P. 511. 2 33 Vic. No. 358. 3 Cf. Ordinance, 1849, No. 14 (S. A.) and 15 Vic. No. 8 (Van Diemen's Land). 4 By the 16 Vic. No. 18, reducing the qualification by one-half. 9 § 18. 5 18 Vic. No. 15. 6 § 2. 7 § 3. 8 SS 10-17. 10 § 26: CHAP. XVIII MUNICIPAL CORPORATIONS 173 It may make rules for drainage and lighting arrangements.1 levy tolls and dues upon the roads, wharves, and other public conveniences within its district, and a general rate on houses and land not exceeding two shillings in the pound on the annual value, half of such rate to be paid by the landlord and half by the tenant.2 All by-laws, rates, and assessments are to be approved of by the Lieutenant-Governor before coming into operation,3 and the Government is to have the right of inspecting the progress of all works undertaken with borrowed money. If a Council, after receiving a loan of public monies, fails to comply with its engagements, and the ratepayers decline to elect a new Council, the Governor may transfer its functions to a board of commissioners, to be exercised until the loan is repaid.5 This Act may be regarded as the parent of town selfgovernment in Victoria, just as the 16 Vic. No. 40 was the parent of rural self-government. The area fixed by it as the maximum for a municipality still remains the orthodox limit for a borough, and many of the provisions of the Act are continued in the most recent legislation on the subject. The Act was popular, and immediately put into force. The period before us is therefore important, amongst other things, as being the seed plot of the system of local government in Victoria. 3 § 33. 1 §§ 27, 28. CHAPTER XIX THE ADMINISTRATION OF JUSTICE THE arrangements contemplated by the constitution of 1850 for the establishment by Letters-Patent of a Supreme Court of Victoria were never carried out, for things moved quickly in those days, and within a short time after the establishment of the new colony the matter was made the subject of a colonial statute. The 15 Vic. No. 10, many of the provisions whereof are still in force,1 provides that there shall be a court to be styled "the Supreme Court of the Colony of Victoria," consisting of not more than three judges, of whom one is to be styled "the Chief-Justice of the Supreme Court of the Colony of Victoria," and is to take precedence of every person in the colony except the Governor and Lieutenant-Governor and certain very exalted Imperial personages. The judges of the court are to be appointed temporarily by the Lieutenant-Governor, and permanently by Her Majesty, with similar provisions for their suspension. The court is also to be furnished with a Master in Equity, Registrar, Prothonotary, and other necessary officials, appointed in the same manner as the judges, but holding office during pleasure only.5 3 The court is to be a Court of Record, and to have within Victoria the common law jurisdiction of the three superior courts of common law at Westminster; the criminal jurisdiction of the Court of Queen's Bench and the Central Criminal Court in London; the equitable, common law, and domiciliary jurisdiction of the Lord High Chancellor of England; and ecclesiastical jurisdiction, including the power to grant and 1 They have, of course, been re-enacted by the "Supreme Court Act 1890." 2 15 Vic. No. 10, § 2. 4 SS 3, 4. $$ 3, 5. 5 § 7. 6 § 9. 3 CHAP. XIX THE SUPREME COURT OF VICTORIA 175 effect probate and administration according to the practice of the Prerogative Court of Canterbury. Every criminal prosecution in the court is to be by information in the name of a law officer of the colony, but a private person may obtain leave to file an information in any matter not involving the punishment of death. All issues of fact on criminal trials are to be tried by juries of twelve.3 4 Besides the Supreme Court, there are to be Circuit Courts proclaimed by the Lieutenant-Governor throughout the colony, with the powers to hear civil issues and try criminal offences committed within the circuit districts of the courts of Nisi Prius, Assize, Oyer and Terminer, and General Gaol Delivery in England; and in the matter of civil issues the Circuit Courts are to stand in the same relation to the Supreme Court as the courts of Nisi Prius occupy towards the superior courts from which their records are sent, but no judge of the Supreme Court will require a special commission to hold a Circuit Court.5 6 There is also to be a sheriff for the colony, with deputies for the circuit districts, to act as the executive officers of the court, with power to sell the real and personal property of execution debtors and to grant replevin as in England. An important provision enables the Supreme Court to change the "venue" in any proceedings in the interests of justice. The Court may also, subject to certain restrictions, make rules of practice for the conduct of business and the education and admission of practitioners." So far as Australian authority is concerned, the decision of the Supreme Court is in every matter to be final; but in any case involving one thousand pounds the party aggrieved may obtain leave to appeal to Her Majesty in Council, upon giving within three months the security ordered by the court.10 provision is, however, to be subject to Her Majesty's own 1 § 15. §§ 12, 13. 2 This 3 § 12. The Supreme Court Act was founded upon a report drawn up by Mr. Stawell and Mr. Barry in the first session of the Legislative Council (V. and P. 1851-2, p. 239). 4 For meaning of these terms cf. Blackstone, Commentaries, bk. iv. c. 19. 5 15 Vic. No. 10, § 17. 6 SS 21-25. 7 I.e. the place of trial, which formerly, in certain cases, depended upon the place where the offence was alleged to have been committed. 8 § 31. 9 § 32. 10 §§ 33, 34. Regulations upon the subject of appeals,' and, by an Order in Council, the amount necessary to constitute a good ground of appeal was in fact reduced to five hundred pounds.2 The Act was immediately got to work, and two judges appointed under it. These were Mr. (afterwards Sir William) à Beckett, the former District Judge of Port Phillip, who was appointed Chief-Justice, and Mr. (afterwards Sir Redmond) Barry, who was at the time Solicitor-General and a nominee member of the Legislative Council.3 In accordance with English practice, Mr. Barry, on his appointment as judge, resigned his seat in the Legislative Council.* But the increasing needs of the colony required a great development of legal machinery, and in the next session we find several very important Acts dealing with the various departments of legal administration. The intricacies and pitfalls of criminal practice were remedied by the 16 Vic. No. 7, the law of evidence by the 16 Vic. No. 9, the subject of Courts of Sessions was dealt with by the 16 Vic. No. 3, the old system of Courts of Requests was superseded by that of County Courts by the 16 Vic. No. 11, the jury laws were extended by the 16 Vic. No. 7, and various reforms effected on the police system by various enactments.5 1 § 35. 2 Order of 9th June 1890, under 7 & 8 Vic. c. 69 (copy of Order in Government edition of Consolidated Statutes, under Supreme Court Act 1890). 3 G. G. 1852, 21st January. 4 V. and P. 1852-3, 2d July. 5 16 Vic. Nos. 13, 14, 16, 24. |