Page:History of Adelaide and vicinity.djvu/685

 consti.utirofSo"uth%ustra,ia ADELAIDE AND VICINITY ix, I", Pj''^"'^"^^ °^ ^^^ powers given by the Act, this Province was in 1836 "erected and estabhshed, ' and a Governor, a Judge, seven Commissioners, and other officials, were appomted. The Governor, with the concurrence of the Chief Justice, the Colonial Secretary, the Advocate-General, and the Resident Commissioners, or any two of them, was authorised to make laws and impose taxes. As all the land in the Province was the property of the Crown, and as sales were to be made and the proceeds accruing therefrom managed by the Commissioners, there was to a certain extent a dual authority. This did not work well, and in 1838 the authority of the Resident Commissioners was abolished. The Province of South Australia was governed pursuant to this Constitution which I have so briefly indicated till January 21, 1843. In 1842 the Imperial Parliament passed two Acts repealing the Act of 1834, and authorising Her Majesty to constitute within the Province of South Australia either one of three different Councils of Legislature. These were : — (a) A nominated Legislative Council, consisting of the Governor and seven other persons. (d) A nominated Legislative Council, with an elected House of Assembly. (c) A mixed House of Legislature, to be partly nominated and partly elected, in such proportions as Her Majesty thought fit. It was the first of these forms of Councils of Legislature which was brought into operation by Her Majesty; and from June 15, 1845, to July 21, 1851, the Province of South Australia was ruled by the Governor and a nominated Legislature, consisting in all of eight members. As the two other alternative forms of Councils of Legislature were never brought into existence, it is unnecessary to further refer to them. In 1849 Her Majesty's consultative advisers in colonial matters were a committee of the Privy Council, called "The Committee for the consideration of all matters relating to Trade and F"oreign Plantations." This committee, on April 4, 1849, presented to Her Majesty a long and able report, recommending that extended powers of self-government .should be granted to the Australian colonies; and in pursuance of such report (in 1849-50) the Imperial Parliament passed an Act, commonly called the Enabling Act, Section VII. of which authorised " the Legislature then by law established within the Colony of South Australia " to establish a Legislative Council, to consist of such members, not exceeding 24, as should be thought fit, one-third of whom were to be appointed by Her Majesty, and two-thirds of whom were to be elected; Section XIV. gave to the Governor, with the advice and consent of the Legislative Council so to be established, authority to make laws for the peace, welfare, and good government of the Province. A Legislative Council of 24 members constituted as indicated was established in 1851, which continued as the advisers of the Crown in matters of legislation until 1856. But the Enabling Act contained further provisions in reference to the local Legislature. It enacted by Section XXXII. that it should be lawful for the Governor and the partly- nominated and partly-elected Legislative Council, after its establishment by an Act or Acts, to establish in the Province, in lieu of such Legislative Council, "a Council and a House of Representatives or other separate Legislative Houses, to consist respectively of such members, to be appointed or elected respectively by such j)ersons and in such manner as by such Act or Acts shall be determined, and to vest in such Council or House of Representatives, or other Legislative Houses, the powers and functions of the Legislative Council for which the .same may be substitut(d." Any Act passed for this purpose had to be reserved for Her Majesty's consent, and laid before both Houses of the Imperial Parliament for at least 30 days before such consent was given.