2-094 (Original)

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An Act to amend an Act of the Fourth and Fifth Years of His late Majesty, empowering His Majesty to erect South Australia into a British Province or Provinces. [352] 1 and 2 Vict. c.60. 31st July 1838.
And whereas Doubts have arisen as to the Extent of the Powers vested in the said Colonization Commissioners for South Australia by the said Act, and it is expedient that such Powers should be more clearly defined, and that the Provisions of the said Act should be amended in manner herein-after mentioned: And whereas it is in and by the said Act provided, that it should be lawful for His Majesty, His Heirs and Successors, with the Advice of His or Their Privy Council, to authorize and empower such Persons as therein mentioned to make, ordain, and establish Laws, Institutions, and Ordinances, and to constitute Courts, and to appoint Officers, Chaplains, and Clergymen, and to levy Rates, Duties, and Taxes as therein mentioned: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the aforesaid Powers and Authorities shall be and the same are hereby repealed; and in lieu thereof it shall and may be lawful for Her Majesty, Her Heirs and Successors, by any Order or Orders to be by Her or Them made, with the Advice of Her or Their Privy Council, to make, ordain, and by Warrants under Her or Their Sign Manual (subject to such Conditions and Restrictions as to Her or Them shall seem meet) to authorize and empower any Three or more Persons resident and being within the said Province to make, ordain, and establish all such Laws, Institutions, or Ordinances, and to constitute such Courts, and to impose and levy such Rates, Duties, and Taxes as may be necessary for the Peace, Order, and good Government of Her Majesty's Subjects and others within the said province; provided that all such Orders, and all Laws and Ordinances so to be made as aforesaid, shall be laid before the Queen in Council as soon as conveniently may be after the making and enacting thereof respectively, and that the same shall not in anywise be contrary or repugnant to any of the Provisions of the said recited Act or of this Act.
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