7 
HISTORY 
CHAP. 1.] ORIGIN AND 
virtue of Imperial Acts, and it was not until 1832! that the 
Imperial Acts were modified so as to allow of the exercise 
of the prerogative and the creation of a representative 
legislature of the ordinary type with a Council and Assembly. 
In 1855 responsible government was finally conceded. 
In Australia at first the settlements were treated as little 
more than convict stations, and the Governor ruled as 
he pleased and made what regulations he pleased. The 
growth of population and the settlement of free men soon 
rendered this state of affairs impossible, and in 1819 it was 
definitely recognized that the only manner in which to enact 
new laws was by some form of legislature. It was clearly 
impossible to call an Assembly, which was the only power 
available to the Crown, and the course of passing an Imperial 
Act was therefore adopted in 1823. Under this Act and 
a charter of justice issued in the same year, the legislative 
power was exercised by a nominee Council, and this Council 
was confirmed by the Act of 1828,2 which placed the Govern- 
ment of New South Wales on a more definite basis. In 
18423 the principle of representative government was intro- 
duced in the unusual form of the creation of a Council one- 
third nominee and two-thirds elective, while in 18504 the 
Legislature was allowed, by an Imperial Act of that year, 
to alter its constitution by substituting two houses for one. 
It did so in an Act 17 Vict. No. 41, which went beyond the 
Powers actually conferred in some regards, and was there- 
fore confirmed with modifications by the Imperial Act 
18 & 19 Vict. c. 54, and at the same time responsible govern- 
ment was introduced into the Colony. In the case of Tas- 
Mania, at first a dependency of New South Wales, a nominee 
legislature was created in 1825 under the authority of the 
Imperial Act of 1823. That body, though enlarged in 1842, 
remained nominee until 1851, but the Council of two-thirds 
"2&3 Will. IV, ¢. 78; of. 5 Geo. IV. c. 67 (part repealed by 36 & 37 
Vict. ¢. 91). The constitution was somewhat altered under 5 & 6 Vict. 
C. 120, and restored with limitations under 10 & 11 Vict. c. 44, 
* 9 Geo. IV. c. 83. 2 5 & 6 Vict. c. 76. 
' 13 & 14 Viet, ¢. 59,