876 THE FEDERATIONS AND THE UNION [PART IV 
or between a state and a resident of another state! (for the 
latter class of cases provision is made in New South Wales 
by an Act of 1897, in Victoria in 1890, in Queensland in 1866, 
in South Australia by Act No. 6 of 1853, in Tasmania in 1891, 
and in Western Australia in 1898; and also a petition of 
right lies at common law) ; 
(v) In which a writ of mandamus or prohibition or an 
injunction is sought against an officer of the Commonwealth ; 2 
the High Court shall have original jurisdiction. 
76. The Parliament may make laws conferring original 
jurisdiction on the High Court in any matter— 
(i) Arising under this Constitution, or involving its inter- 
oretation ; 
(il) Arising under any laws made by the Parliament ;3 
(iii) Of admiralty and maritime jurisdiction ; 4 
(iv) Relating to the same subject-matter claimed under 
the laws of different states. 
77. With respect to any of the matters mentioned in the 
last two sections the Parliament may make laws— 
(i) Defining the jurisdiction of any Federal Court other 
than the High Court ; 
(ii) Defining the extent to which the jurisdiction of any 
federal Court shall be exclusive of that which belongs to or 
is invested in the Courts of the states ; 
(iii) Investingany Court of a state with federal jurisdiction.’ 
78. The Parliament may make laws conferring rights to 
proceed against the Commonwealth or a state in respect of 
matters within the limits of the judicial power.> (This power 
is of very doubtful extent, but it probably does not go 
beyond conferring rights against the states in matters which 
are within the powers of legislation by the Parliament.) 
80. The trial on indictment of any offence against any law 
of the Commonwealth shall be by jury, and every such trial 
* For this, cf. Clark, op. cit., pp. 167-73. The case of states at conflict 
is seen in the case of boundaries between Victoria and South Australia 
decided May 22, 1911 (cf. Rhode Island v. Massachusetts, 12 Pet. 657), 
serhaps Victoria v. New South Wales and a case on the Murray river 
may be so decided (cf. Clark, pp. 103-17 ; Quick and Garran, pp. 883 seq.) 
f the agreement between the States is not ratified by the Parliaments. 
* Cf. 11 C. L. R. 1, at pp. 20-2, 33, 40-2, 46-9. 
' This has been done by all the important Acts, Defence, Copyright, 
Patents, Customs, Excise, Posts and Telegraphs, &e. 
' Not yet acted upon. Cf. Quick and Garran, op. cit., pp. 797 seq. 
* See Act No. 21 of 1902, and now the Judiciary Act, 1903. Harrison 
\loore, op. cit., p. 498.