ROYAL'

a “rm

‘4

JOHN mots, QUEEN’S PRINTER.

axxo vieasmo 0C"‘-\\'U a VICESIMO xoxo VICTORIIE REGINJ’E.

CAP. LXHL An Act to remove Doubts as to the Validity of Colonial Laws. [ﬁtlth June, 1805.

SNTHEREAS Doubts have been entertained respecting the

Validity of divers Laws enacted or purporting to have been enacted by the Legislatures ot'certain of Her Majesty’s Colonies, and respecting the Powers of such Legislatures, and it is ex- pedient that such Doubts should be removed :

Be it hereby enacted by the Queen’s most Excellent Majesty, by and with the Advrce and Consent of the Lor ls Spiritual and 'l‘emporal, and (‘onnnons, 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 Majesty’s Possessions abroad in which there shall exist a Legis- lature, as herein-after defined, except the Channel Islands, the Lie of Alan, and such 'l‘erritories as may for the Time being be vested in Her Majesty under and by Virtue of any Act of Parlia- ment for the Government of India:

The Terms “ Legislature” and “ Colonial Legislature” shall severally signify the Authority, other than the imperial Parlia- ment or Her Majesty in Council, competent to make Laws for any Colony:

The Term " Representative Legislature” shall signify any Co- lonial Legislature which shall comprise a Legislative Body of which one-half are elected by inhabitants of the Colony:

The Term “ Colonial Law” shall include Laws made for any (‘olony either by such Legislature as aforesaid or by Her Majesty in Council:

An Act of Parliament, or any provision thereof, shall, in con- struing this Act, be said to extend to any Colony when it is made applicable to such Colony by the express Words or necessary In- tendment of any Act of Parliament:

The Term “ Governor” shall mean the Ollicer lawfully ad- ministering the Government ot' any Colony:

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 re- pugnant to 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 Etl'ect of such Act, shall be read subject to such Act. Order or Regulationmnd shall, to the extent of such repugnancy, but not otherwise, be and remain absolutely void and inoperative.

Charlottetown, Prince Edward Island, August 23, 1865.

‘ N n a ,‘N N “AnnﬁnnﬂMANAKNﬂAAI\J\N\/‘~nnwnl‘

ETTE

VOL. IV.—No. 330

o. No Colonial Law shall be or be deemed to have been void or inoperative on the Ground of Repngnancy to the Law of l-Ingland, unless the same shall be repugnant to the Provisions ofjome such Act of Parliament, Order, or Regulation as aforeo san .

4. No Colonial Law, passed with the Concurrence of or as- sented 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 behalfot Her Majesty, by any Instru- nient other than the Letters Patent or Instrument authorizinv such Governor to concur in passing or to assent to Laws for th: Peace. Order and good Government of such Colony, even thourrh such Instructions may be referred to in such Letters l’atentbr 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 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 t‘; 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 L‘ouncil, or Colonial Law for the time being in force in the said Colony.

6, The Certiﬁcate of the Clerk or other proper Oﬂicer of 3, Legislative Body in any Colony to the etfect that the Document to which it is attached is a true Copy of any Colonial Law as- sented to by the Governornof such Colony, 01 ofany Bill reserved for the signification of Her Majesty’s pleasure by the said Gov- ernor, shall be prima facie evidence that the document so certi- tied 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 pre- sented to the Governor; and any Proclamation purportinrr to be published by authority of the Governor in any Netvspaperoin the (‘olony to which such Law or Bill shall relate, and sitrnifyino- Her Majesty‘s disallowanee of aby such Colonial Law? or lie: Majesty’s Assent to any such reserved Bill as a‘bresaid, shall be prima 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 Legisla- ture of South Australia: Be it further enacted as follows:

7. All Laws or reputed Laws enacted or purporting to have been enacted by the said Legislature, or by persons or Bodies of persons for the time being acting as such Legislature, which have received the assent of Her Majesty in Council, or which have received the aSSent ofthc Governor of the said Colony in the name and on behalt‘ot‘ Her Majesty, shall be and be deemed to have been valid and etfectual from the date of such assent for all purposes whatever; provided that nothing herein contained shall be deemed to give etl'ect 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 re-

} peal of any Law.