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§ 270. “A Proposed Law Reserved.”

The power of reservation will be exercised by the Governor-General according to his discretion. The principal consideration influencing his discretion will probably be whether the proposed law is in conflict with Imperial legislation applicable to the colonies, or inconsistent with the treaty obligations of Her Majesty's Government.

The following are extracts from a return presented to the House of Lords on the motion of the Earl of Onslow (2nd August, 1894) giving particulars of (1) Acts passed by both Houses of the Legislatures and assented to by Governors of Colonies possessing Responsible Government, and subsequently disallowed; (2) bills reserved, as to which Her Majesty was subsequently advised to withhold her assent, showing in each case whether the principle contained in such measure had or had not, up to the date of the return, become law in the colony:—

DOMINION OF CANADA.

           


  ― 695 ―
       
Title.  Action taken.  Whether the principle is now law. 
1868—A Bill to fix the salary of the Governor-General (reserved Assent withheld  No change since 
1872—A Bill to amend the Act respecting Copyright  Not assented to  Partly embodied in subsequent Act of 1875; assented to by Order in Council, under Imperial Act, 38 and 39 Vic. c. 53 
1873—An Act to provide for the examination of witnesses on oath by Committees of the Senate and House of Commons in certain cases  Disallowed  Re-enacted and allowed, 1876 
1874—A Bill to regulate the construction and maintenance of Marine Electric Telegraphs  Not assented to  Left in abeyance. See Desp. 220. 29 October, 1874, c. 1171, p. 7 
1874—A Bill to amend “The Extradition Act, 1873”  Not assented to  Yes. See Consolidated Statutes of Canada, 1886, c. 142 
1878—A Bill to repeal Section 23 of the Merchant Shipping Act, 1876, as to Ships in Canadian Waters  Not assented to  Re-enacted as cap. 24 of 1879, to meet Board of Trade objections to original Act 
1889—Cap. 29—A Bill to amend “The Copyright Act,” c. 62 of the Revised Statutes  Not assented to  Still under consideration 
1891—Cap. 40—A Bill to provide for the Marking of Deck and Load Lines  Not assented to  See cap. 22 of 1893 
1893—Cap. 22—A Bill to amend the Merchant Shipping Act with regard to Load Lines  Not assented to  Still under consideration 

NEW SOUTH WALES.

         
Title.  Action taken.  Whether the principle is now law. 
1875—A Bill to enforce claims against the Crown (reserved)  Not assented to  Yes; amended Bill of 1876 allowed 
1877—A Bill to amend the law relating to Divorce and Matrimonial Causes (reserved)  Not assented to  Yes; Act allowed in 1881 
1879—A Bill to amend and extend the law of Divorce (reserved)  Not assented to  Yes; Act allowed in 1881 
1887—A Bill to amend and extend the law of Divorce (reserved)  Not assented to  Yes; Act of 1892 allowed 

VICTORIA.

             
Title.  Action taken.  Whether the principle is now law. 
1857—A Bill to explain to whom the term “Crown” as used in certain cases shall apply (reserved)  Not assented to  No 
1860—An Act to provide for the better regulation and discipline of armed vessels in the service of Her Majesty's Local Government in Victoria, No. 96 of 1890.  Disallowed  Yes; see the Colonial Naval Defence Act, 1865, 28 and 29 Vic. c. 14 
1860—A Bill to abolish pensions to retiring responsible officers (reserved)  Not assented to  Amended Bill passed and assented to, 1864 
1860—A Bill to amend the law relating to Divorce and Matrimonial Causes in Victoria (reserved)  Not assented to  Yes; Bill passed and assented to, 1864 
1862—A Bill to alter the sum appropriated to the payment of the salary and allowances of the Governor (reserved)  Not assented to  Amended Bill passed in 1863, and assented to, 1864 
1862—A Bill to give a preferable lien on growing crops without delivery (reserved)  Not assented to  Yes; similar measure passed, 1876 



  ― 696 ―

QUEENSLAND.

             
Title.  Action taken.  Whether the principle is now law. 
1860—A Bill to amend the constitution of the Supreme Court of Queensland, and to provide for the better administration of justice (reserved)  Not assented to  No 
1874—A Bill to consolidate and amend the laws relating to the marine board, navigation, pilotage, harbour lights, and the keeping and carriage of gunpowder (reserved)  Not assented to  Amended Bill, passed in 1877, assented to 
1875—A Bill to legalize the marriage of a man with the sister of his deceased wife (reserved)  Not assented to  Yes; Bill passed in 1877, assented to 
1879—A Bill relating to wrecks, casualties, and salvage (reserved)  Not assented to  Yes; by the Colonial Courts of Admiralty Act, 1890, 53 and 54 Vic. c. 27 
1881—A Bill to provide for the execution in Queensland of warrants of apprehension issued in other colonies (reserved)  Not assented to  Yes; see the Fugitive Offenders Act, 1881, 44 and 45 Vic. c. 69 
A Bill to prevent the influx of foreign and other criminals into Queensland (reserved)  Not assented to  No 

SOUTH AUSTRALIA.

           


  ― 697 ―
       
Title.  Action taken.  Whether the principle is now law. 
1860—A Bill to legalize the marriage of a man with the sister of his deceased wife (reserved)  Not assented to  Yes; Bill passed in 1871, assented to 
1862—An Act to amend the Acts relating to marriage in the Province of South Australia, by extending certain provisions thereof to persons professing with the Society of Friends, called Quakers  Disallowed  Yes; amended Bill, passed in 1864 
1863—A Bill to legalize the marriage of a man with the sister of his deceased wife  Not assented to  Yes; Bill passed in 1871, assented to 
1864—An Act to amend the Marine Board Act of 1860  Disallowed  Further legislation in 1867, 1873, 1876, 1878, 1881–82 
1864—An Act to repeal Act, No. 18 of 1857–58, intituled, “An Act to prevent the introduction into the Province of South Australia of convicted felons and other persons sentenced to transportation for offences against the laws,” and to make other provision in lieu thereof  Disallowed  No 
1870—A Bill to legalize the marriage of a man with the sister of his deceased wife (reserved)  Not assented to  Yes; Bill passed in 1871, assented to 
1871—A Bill to make better provision for the interchange of colonial products and manufactures between the Colonies of Australasia (reserved)  Not assented to  Yes; see Australian Colonies Duties Act, 1873, 36 Vic. c. 22 
1871—A Bill to provide for the regulation of precedency in South Australia (reserved)  Not assented to  No 
1891—A Bill to amend the Marine Board and Navigation Act, 1881 (reserved)  Not assented to  Governor informed, 7th June, 1893 

TASMANIA.

                 
Title.  Action taken.  Whether the principle is now law. 
1859—A Bill to provide for the abolition, upon certain terms, of State aid to religion in the Colony of Tasmania (reserved)  Not assented to  Yes; Bill passed in 1868, assented to 
1861—A Bill to alter the sum payable for defraying the allowances and contingent expenses of the establishment of the Governor of Tasmania (reserved)  Not assented to  No. (This Act affected the Governor then in office) 
1863—An Act to make further provision for the control and disposal of offenders under sentence of imprisonment  Disallowed  No 
1867— A Bill to reduce the salary and allowance of any future Governor of Tasmania (reserved)  Not assented to  Bill passed in 1873, assented to; further Act, 1883 
1867—A Bill to promote intercolonial free trade (reserved)  Not assented to  No 
1868—A Bill to reduce the allowances of every future Governor of Tasmania (reserved)  Not assented to  Bill passed in 1873, assented to; further Act, 1883 
1870—A Bill to make better provision for the interchange of Colonial products and manufactures between the Colonies of Australasia (reserved)  Not assented to  Act of 1873 allowed; passed after the enactment of the Australian Colonies Duties Act, 1873, 36 Vic. c. 22 
1890—A Bill to amend “The Crown Redress Act” (reserved)  Not assented to (by desire of Colonial Government)  Act of 1891 allowed 



  ― 698 ―

NEW ZEALAND.

                     
Title.  Action taken.  Whether the principle is now law. 
1856— An Act to empower the superintendents and provincial councils to enact laws for regulating the sale, letting, disposal, and occupation of the waste lands of the Crown  Disallowed  No 
1856— A Bill to enable the native tribes of New Zealand to have their territorial rights ascertained, and to authorize the issue in certain cases of Crown grants to natives (reserved)  Not assented to  No 
1860— A Bill to establish a council to assist in the administration of native affairs (reserved)  Not assented to  No 
1861— A Bill to enable the superintendent of the Province of Marlborough to construct a railway from Pictou Harbour to the Wairau, both in the said Province of Marlborough (reserved)  Not assented to  No 
1863— A Bill to enable provincial legislatures to pass laws authorizing the compulsory taking of land for works of a public nature (reserved)  Not assented to  Bill passed and assented to, 1866 or 1867, and since repealed 
1866— An Act for indemnifying persons acting in the suppression of the native insurrection  Disallowed  Amended Act, passed in 1867; allowed 
1867— A Bill to alter the salary of the Governor of New Zealand  Not assented to  — 
1870— A Bill respecting reciprocity with the Australasian Colonies and Tasmania, as to Customs Duties (reserved)  Not assented to  Yes; see Australian Colonies Duties Act, 1873, 36 Vic. c. 22 
1873— A Bill to provide for the surrender of fugitive criminals (reserved)  Not assented to  Yes; Bill passed in 1874, assented to 
1883— A Bill to facilitate the confederation with, and annexation to, the Colony of New Zealand of any Island or Islands in the Pacific the Government or constituted authority of which may make proposals to that effect to the Government of New Zealand (reserved)  Not assented to  No 




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