108 PARLIAMENTS OF THE DOMINIONS [PART 111
limited scope in the view of the Court, and the case of
Auld v. Murray revealed new doubts and difficulties. The
right of the Parliament to create judges, to establish a Court,
was denied, and it was laid down by Judge Boothby that by
repealing, by Act No. 10 of 1856, Ordinance No. 1 of 1851,
the Mixed Council had destroyed its existence, and also the
existence of the Legislature created by Act No. 2 of 1855-6.
The law officers were consulted, and gave an opinion of
September 28, 1864, which advocated the passing of an Act
to remove the doubts—in some cases needless—of South
Australian judges. There followed upon this correspondence
the passing of the Colonial Laws Validity Act, 1865, which
nally regulated and determined the position of the laws of
the Colonies as regards Imperial legislation and repugnancy
to the law of England! The law recites that doubts have
been entertained respecting the validity of diverse laws
enacted, purporting to have been enacted by the Legis-
latures of certain of Her Majesty’s Colonies, and respecting
the powers of such Legislatures, and that it is expedient that
such doubts should be removed, and in s. 1 defines Colony as
including all of Her Majesty’s possessions abroad, in which
there shall exist a legislature, except the Channel Islands, the
[sle of Man, and the territories from time to time vested in
Her Majesty under any Act for the Government of India,
nd legislature is defined to mean the authority other than
the Imperial Parliament or Her Majesty in Council com-
petent to make laws for any Colony : the law then proceeds *
The Term ‘ Representative Legislature’ shall signify any
Colonial 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
Colony either by such Legislature as aforesaid or by Her
Majesty in Council :
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, -
The rule it laid down was that applied to Canada, by 3 & 4 Vict. c. 35,
3, 3. Sec Blackmore, op. cit., Pp. 65 seq. ; 72 Lords’ Journals. 994.
