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COLONIAL LAWS VALIDITY ACT, 1865.
28-29 Vic., CAP. 63, (Imp.). An Act to remove Doubts as to the validity of Colonial Laus.
[29TH JUNE, 1865. WHEREAS doubts have been entertained respecting the validity of divers laws enacted, or purporting to be enacted by the Legislatures of certain of Her Majesty's Colonies, and respecting the powers of such Legislatures; and it is expedient that such doubts should be removed :
Be it hereby 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. The term “ colony” shall in this Act include all of Her Definitions Majesty's Possessions abroad, in which there shall exist a legislature “ Colony.' as hereinafter defined, except the Channel Islands, the Isle of llan, and such territories as may for the time being be rested in Her Majesty, under or by virtue of any Act of Parliament for the government of India; The terms * Legislature” and “ Colonial Legislature" shall “ Legislat,
Colonseverally signify the authority (other than the Imperial Parliament jal Legislaof Her Majesty in Council), competent to make laws for any colony ; ture”; The term Representative Legislature" shall signify any Colonial "o
* RepresentLegislature which shall comprise a legislative body of which one-half ative Legis
lature" ; are elected by inhabitants of the colony; The term " Colonial Law” shall include laws made for any “Colonial
Law.” colony, either by such Legislature as aforesaid or by Her Majesty in Council; An Act of Parliament, or any provision thereof, shall, in con- Act of Parlia.
ment, etc., struing this Act, be said to extend to any colony when it is made when to exapplicable to such colony by the express words or necessary intend- tend to ment of any Act of Parliament;
Colony; The term Governor ” shall mean the officer lawfully administer- “Governor”; ing the Government of any colony ; The term
Letters Patent ” shall mean letters patent under the “Letters PaGreat Seal of the United Kingdom of Great Britain and Ireland.
2. Any colonial law, which is or shall be repugnant to the provi- Colonial Law sions of any Act of Parliament extending to the colony to which such when void for
repugnancy. 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 or effect of such Act, shall be read subject to such Jet, order. or regulation, and shall, to the extent of such repugnancy, but not otherwise, be and remain absolutely void and inoperative. 3. No colonial law shall be, or be deemed to have been, void or
when not void inoperative on the ground of repugnancy to the law of England, un- for repugless the same shall be repugnant to the provisions of some such Act nancy. of Parliament, order, or regulation, as aforesaid.
Colonial Law 4. No colonial law, passed with the concurrence of or assented not void for
to by the Governor of any colony, or to be hereafter so passed or inconsistency with instruc.
assented to, shall be, or be deemed to have been, void or inoperative tions.
by reason only of any instructions with reference to such law, or the subject thereof, which may have been given to such Governor, by cr
behalf of Her Majesty, by any 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 APPENDIX C.
instrument. Colonial Leg. 5. Every colonial Legislature shall have, and be deemed at all islatures may times to have had, full power within its jurisdiction to establish courts establish, &c., Courts of law. of judicature, and to abolish and re-constitute the same, and to alter
the constitution thereof, and to make provision for the administration of justice therein; and every representative Legislature shall, in re
spect to the colony under its jurisdiction, have, and be deemed at all Representa- times to have had, full power to make laws respecting the constitution, tive Legisla
powers, and procedure of such Legislature; provided that such laws ture may al. ter Constitu. shall have been passed in such manner and form as may from time to tion.
time be required, by any Act of Parliament, letters patent, Order in Council, or colonial law for the time being in force in the colony.
6. The certificate of the clerk or other proper officer of a legispies of laws to lative body in any colony to the effect that the document to which be evidence
it is attached is a true copy of any colonial law assented to by the that they are properly pas.
Governor of such colony, or of any bill reserved for the signification sed.
of Her Majesty's 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 bas been duly and
properly passed and presented to the Governor ; and any proclamaProclamation tion, purporting to be published by authority of the Governor, in any to be evidence of assent and newspaper in the colony to which such law or bill shall relate, and disallowance. signifying 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,
And whereas doubts are entertained respecting the validity of certain Acts enacted, or reputed to be enacted, by the Legislature of
South Australia : Be it further enacted as follows: Certain Acts 7. All laws or reputed laws, enacted or purporting to have been of Legislature enacted by the said Legislature, or by persons or bodies of persons of South Aus- for the time being acting as such Legislature, which have received tralia to be valid.
the assent of Her Majesty in Council, or which have received the assent of the Governor of the said ('olony in the name and on behalf of Her Majesty, shall be and be deemed to have been valid and effectual from the date of such assent for all purposes whatever ; provided that nothing herein contained shall be deemed to give effect to any law or reputed law which has been disallowed by Her Majesty, or has expired, or has been lawfully repealed, or to prevent the lawful disallowance or repeal of any law.
DRAFT OF LETTERS-PATENT PASSED UNDER
GREAT SEAL OF THE UNITED KINGDOM.
Constituting the Office of Governor-General of the Dominion of
Dated 5th October, 1878.
VICTORIA, by the Grace of God, of the U'nited Kingdom of Great
Britain and Ireland, Queen, Defender of the Faith, Empress of
To all to whom these Presents shall come, Greeting:
WHEREAS We did, by certain Letters-Patent under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing date at Westminster the Twenty-second day of May, 1872, in the Thirtyfifth Year of Our Reign, constitute and appoint Our Right Trusty and Right Well-beloved Cousin and Councillor, Frederick Temple, Earl of Dufferin, Knight of Our Most Illustrious Order of Saint Patrick, Knight Commander of Our Most Honorable Order of the Bath (now Knight Grand Cross of Our Most Distinguished Order of Saint Michael and Saint George), to be Our Governor-General in and over Our Dominion of Canada for and during Our will and pleasure :
And whereas by the 12th section of The British North America Act, 1867,” certain powers, authorities, and functions were declared to be rested in the Governor-General:
And whereas We are desirous of making effectual and permanent provision for the office of Governor-General in and over Our said Dominion of Canada, without making new Letters-Patent on each demise of the said Office:
Now know ye that We have revoked and determined, and by these presents do revoke and determine, the said recited Letters-Patent of the Twenty-second day of May, 1872, and every clause, article and thing therein contained :
And further know ye that We of our special grace, certain knowledge, and mere motion, have thought fit to constitute, order, and declare, and do by these presents constitute, order, and declare that there shall be a Governor-General (hereinafter called Our said Gover. nor-General) in and over Our Dominion of Canada (hereinafter called Our said Dominion), and that the person who shall fill the said Omce of the Governor-General shall be from time to time appointed by Commission under our Sign-Manual and Signet. And we do hereby authorize and command Our said Governor-General to do and execute, in due manner, all things that shall belong to his said command, and to the trust We have reposed in him, according to the several powers and authorities granted or appointed him by virtue of - The British North Ameria Act, 1867," and of these present Letters-Patent, and of such Commission as may be issued to him under Our Sign-Janual and Signet, and according to such Instructions as may from time to time be given to him, under Our Sign-Manual and Signet, or by Our Order in Our Privy Council, or by us through one of Our Principal Secretaries of State, and to such Laws as are or shall hereafter be in force in Our said Dominion.
II. And We do hereby authorize and empower Our said GovernorGeneral to keep and use the Great Seal of Our said Dominion for sealing all things whatsoever that shall pass the said Great Seal.
III. And We do further authorize and empower Our said Governor-General to constitute and appoint, in Our name and on Our behalf, all such Judges, Commissioners, Justices of the Peace, and other necessary Officers and Ministers of Our said Dominion, as may be lawfully constituted or appointed by Us.
IV. And We do further authorize and empower Our said GovernorGeneral, so far as we lawfully may, upon sufficient cause to him appearing, to remove from his office, or to suspend from the exercise of the same, any person exercising any office within Our said Dominion, under or by virtue of any Commission or Warrant granted, or which may be granted, by U's in Our name or under Our authority.
V. And We do further authorize and empower Our said GovernorGeneral to exercise all powers lawfully belonging to Us in respect of the summoning, proroguing, or dissolving the Parliament of Our said Dominion.
VI. And whereas by The British North America Act, 1867," it is amongst other things enacted, that it shall be lawful for U's, if we think fit, to authorize the Governor-General of Our Dominion of Canada to appoint any person or persons, jointly or severally, to be his Deputy or Deputies within any part or parts of Our said Dominion. and in that capacity to exercise, during the pleasure of Our said Governor-General, such of the powers, authorities, and functions of Our said Governor-General as he may deem it necessary or expedient to assign to such Deputy or Deputies, subject to any limitations or directions from time to time expressed or given by Us: Now We do hereby authorize and empower Our said Governor-General, subject to such limitations and directions as aforesaid, to appoint any person or persons, jointly or severally, to be his Deputy or Deputies within any part or parts of Our said Dominion of Canada, and in that capacity to exercise, during his pleasure, such of his powers, functions, and authorities as he may deem it necessary or expedient to assign to him or them: Provided always, that the appointment of such a Deputy or Deputies shall not affect the exercise of any such power, authority or function by Our said Governor-General in person.
VII. And We do hereby declare Our pleasure to be that, in the event of the death, incapacity, removal, or absence of Our said Governor-General out of Our said Dominion, all and every the powers and authorities herein granted to him shall, until our further pleasure is signified therein, be vested in such person as may be appointed by l's under our Sign-Manual and Signet to be Our Lieutenant-Governor of Our said Dominion ; or if there shall be no such Lieutenant-Governor in Our said Dominion, then in such person or persons as may be appointed by Us under our Sign-Manual and Signet to administer the Government of the same; and in case there shall be no person or persons within Our said Dominion so appointed by U's, then in the Senior Officer for the time being in command of our regular troops in our said Dominion : Provided that no such powers or authorities shall rest in such Lieutenant-Governor, or such other person or persons, until he or they shall have taken the oaths appointed to be taken by the Governor-General of Our said Dominion, and in the manner provided by the Instructions accompanying these Our Letters-Patent.
VIII. And We do hereby require and command all Our Officers and Ministers, Civil and Military, and all other the inhabitants of Our said Dominion, to be obedient, aiding and assisting unto our said Governor-General, or, in the event of his death, incapacity, or absence, to such person or persons as may, from time to time, under the provisions of these, Our Letters-Patent, administer the Government of Our said Dominion.
IX. And We do hereby reserve to Ourselves, Our heirs and successors, full power and authority from time to time to revoke, alter or amend these Our Letters-Patent as to l's or them shall seem meet.
X. And We do further direct and enjoin that these Our LettersPatent shall be read and proclaimed at such place or places as Our said Governor-General shall think fit within our said Dominion of Canada.
In Witness whereof We have caused these our Letters to be made Patent. Witness Ourself at Westminster, the Fifth day of October, in the Forty-second Year of Our Reign.
By Warrant under the Queen's Sign-Manual.