322
THE NEW ZEALAND GAZETTE.

intended effect throughout Her Majesty's dominions,
and not only in the Colony in which they may be
passed.
The third Act fully explains itself.

I have, &c.,
EDWARD CARDWELL.
Governor Sir George Grey, K.С.В.

CAP. LXIII.
An Act to remove Doubts as to the Validity of Colonial
Laws.
[29th June, 1865.]

WHEREAS doubts have been entertained respecting
the validity of divers laws enacted or purporting to
have been 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:

Definitions: "Colony."

1. The term "Colony" shall in this Act include all
   of Her Majesty's possessions abroad in which there
   shall exist a Legislature, as hereinafter defined, except
   the Channel Islands, the Isle of Man, and such terri-
   tories as may for the time being be vested in Her
   Majesty under or by virtue of any Act of Parliament
   for the Government of India:

"Legislature." "Colonial Legislature."
The terms "Legislature" and "Colonial Legisla-
ture" shall severally signify the authority, other than
the Imperial Parliament or Her Majesty in Council,
competent to make laws for any Colony:

"Representative Legislature."
The term "Representative Legislature" shall sig-
nify any Colonial Legislature which shall comprise
a Legislative Body of which one-half are elected by
inhabitants of the Colony:

"Colonial Law."
The term "Colonial Law" shall include laws made
for any Colony either by such Legislature as aforesaid
or by Her Majesty in Council:

Act of Parliament, &c., to extend to Colony when made appli-
cable to such Colony.
An Act of Parliament, or any provision thereof,
shall, in construing this Act, be said to extend to any
Colony when it is made applicable to such Colony by
the express words or necessary intendment of any
Act of Parliament:

"Governor."
The term "Governor" shall mean the officer law-
fully administering the Government of any Colony:

"Letters Patent."
The term "Letters Patent" shall mean Letters
Patent under the Great Seal of the United Kingdom
of Great Britain and Ireland.

Colonial Law when void for repugnancy.
2. Any Colonial Law which is or shall be in any
respect repugnant to the provisions of any Act of
Parliament extending to the Colony to which such
law may relate, or repugnant to any order or regula-
tion 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 regu-
lation, and shall, to the extent of such repugnancy,
but not otherwise, be and remain absolutely void and
inoperative.

Colonial Law when not void for repugnancy.
3. No Colonial Law shall be or be deemed to have
been void or inoperative on the ground of repugnancy
to the law of England, unless the same shall be re-
pugnant to the provisions of some such Act of
Parliament, Order, or Regulation as aforesaid.

Colonial Law not void for inconsistency with instructions.
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.

Colonial Legislature may establish, &c., Courts of Law.
Representative Legislature may alter Constitution.
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 Repre-
sentative 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.

Certified copies of laws to be evidence that they are properly
passed.
Proclamation to be evidence of assent and disallowance.
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 pleasure by the
said Governor, shall be prima 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 pre-
sented to the Governor; and any Proclamation pur-
porting to be published by authority of the Governor
in any newspaper in the Colony to which such law or
Bill shall relate, and signifying Her Majesty's
disallowance of any such Colonial law, or Her
Majesty's assent to any such reserved Bill as afore-
said, 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 Legislature of South Australia: Be
it further enacted as follows:-

Certain Acts enacted by Legislature of South Australia to be
valid.
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 of the Governor of the said Colony 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 dis-
allowed by Her Majesty, or has expired, or has been
lawfully repealed, or to prevent the lawful disallow-
ance or repeal of any law.

CAP. LXIV.
An Act to remove Doubts respecting the Validity of
certain Marriages contracted in Her Majesty's
possessions abroad.
[29th June, 1865.]

WHEREAS laws have from time to time been made
by the Legislatures of divers of Her Majesty's pos-
sessions abroad.