CHAP. 1] ORIGIN AND HISTORY 31
by both Houses of the said Legislature, setting forth the
question so to be determined : Provided that all such Bills
shall be absolutely in abeyance pending any such deter-
mination, and that they shall be afterwards submitted for
the signification of Her Majesty’s pleasure thereon, or
remitted to the Colony for the exercise of the Governor’s
discretion, according to the decision of the Judicial Com-
mittee in each such case,
The Imperial Government were unable to accept the
clauses in question, and they accordingly omitted them in
confirming the Act by the Imperial Act 18 & 19 Vict. c. 54.
They further inserted provisions permitting the altera-
tion of the constitution by the new Legislature, and made
certain minor alterations. The Governor was also instructed
that he was not required to reserve Bills of local interest
merely, nor even Bills affecting the Civil List save so far as
the Bills in question affected existing holders of office, whose
interests were to be respected. At the same time another
Act (c. 56) was passed to repeal the laws regarding the
management of the Crown lands in Australia, completing
the concession granted by the Constitution Act, and steps
were taken to vest the administration of the Government,
in the case of absence or incapacity of the Governor, in the
Chief Justice, the President of the Legislative Council, and
the Colonial Secretary jointly, since under the new arrange-
ments the Colonial Secretary would be a political officer.
The constitution was received gladly in the Colony, and the
Governor found only inconvenience in the desire of the
existing officers who were liable to retire on political grounds
claiming to be allowed to retire forthwith, without waiting
for the political grounds to take effect, a course which he
and the judges whom he consulted declared that they could
not do if they wished to secure the pensions provided for
them.1
In the case of Victoria an Imperial Act, 18 & 19 Vict.
¢. 55, confirmed the constitution, amending it in the same
sense ag the similar Act for New South Wales, and the same
instructions were addressed to the Governor as to not
1 Parl. Pap., July 24, 1856, pp. 15 seq.
