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HISTORICAL RECORDS

OF

AUSTRALIA.

SER. I.

VOL. XV-a

HISTORICAL RECORDS

OF

AUSTRALIA.

SERIES 1.

GOVERNORS' DESPATCHES TO AND

FROM ENGLAND.

VOLUME XV.

June, 1829—December, 1830.

Published by :
THE LIBRARY COMMITTEE OF THE COMMONWEALTH PARLIAMENT,

1922.

DU 80 .A52 Ger

SYDNEY:
JOHN SPENCE, ACTING GOVERNMENT PRINTER.

1922.

INTRODUCTION.

GOVERNOR DARLING. DURING the administration of Governor Darling, great changes were introduced in the legislative and judicial systems of the colony.

The first legislative council had been established under section twenty-four of the statute 4 Geo. IV, c. xcvi, which enacted that it should consist of " such Persons resident in the said Colony, not exceeding Seven nor less than Five, as His Majesty, His Heirs and Successors, shall be pleased to appoint." By a warrant* dated Ist December, 1823, the lieut.-governor, the chief justice, the colonial secretary, the principal surgeon and the surveyor-general were nominated as the members of the council ; but, by a second warrant* dated 16th November, 1824, the archdeacon T. H. Scott was nominated in place of the surveyor-general with the reversion to the surveyor-general in the absence or on the death of Scott.

The governor with the advice of this council“ or the major Part of them” was empowered to make laws and ordinances for the good government of the colony, provided such laws or ordinances were not repugnant to the laws of England, "but consistent with such Laws so far as the Circumstances of the said Colony will admit.” To safeguard this provision, the Governor was required, before submitting any law or ordinance to the council, to obtain the certificate of the chief justice to that effect.

The meetings of the council were convened by a written summons under the hand of the governor served on each individual member. All proposed laws were laid before the council by the governor, and members of the council had no power to initiate legislation. In the event of all or a majority of the members dissenting from a proposed law, the members were required to enter on the minutes of council the reasons for such dissent, and the proposed law was thereby vetoed subject to the following qualification. In case the governor considered that such proposed law was essential to the peace and safety of the colony, and if one

more of the members of the council assented, such law should

* See pages 195 and 424, volume XI.

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