CONSTITUTION AND LA \VS. 2 i 



teacTiers within the district." A system of State bursaries and sch<jlar- 

 ships exists for the encouragement of poor but proficient student!--. 

 A technical college has also been established in Sydney, and various 

 technical schools and technical classes in other parts tif the Colony. 



Local and Midi id pal Govcnunent. 

 No complete system of Local Government has as yet been adopted ; 

 but vmder the Municipalities Act of 18G7'' and the Amending Act of 

 1874/ provision is made for the incorporation of Municipal Districts 

 and Boroughs.*^ Incorporation is in no case compulsory, and requii-es 

 the consent of a majority of the prospective ratepayers.' The affairs 

 of the municipality are conducted by a Municipal Council varying in 

 number according to population, and elected by the ratepayers."^ The 

 Council is empowered to frame by-laws^ to borrow uioney, to levy 

 rates, to construct and maintain roads and other local works, such as 

 those relating to sewerage, lighting, water supply, public health, and 

 recreation." The Municipality of Sydney is governed by special Acts.'' 

 Altogether there are now some 170 municipalities, comprising less 

 than one-hundredth part of the area of the Colony, but somewhat 

 more than one-half of its total population. 



The Judicial System. 



The central feature of the judicial system of the Colony is the 

 Supreme Court. This w^as first established by the Charter of Justice 

 of 1823,' but its jurisdiction has since been regulated and modified by 

 subsequent legislation.^ The Court now consists of a Chief Justice 

 and six jmisne Judges, together with a staff of ministerial and other 

 officers. The judges hold office during good behaviour, but are never- 

 theless removable by the Crown upon an address of the two Houses of 

 Legislature.'' Their salaries and pensions are charged upon the Con- 

 solidated Fund and cannot be reduced during their continuance in 

 office.^ The Supreme Court exercises both a civil and a criminal 

 jurisdiction, the former being distributed into various branches, includ- 

 ing a jurisdiction at Common Law,"' in Equity," in Probate," in Divorce,'' 

 and Bankruptcy.'' 



The Common Law jurisdiction, both in civil and criminal cases, is 

 exercised in part at Sydney, and in part at Circuit Courts held through- 

 out the country. The Court also exercises an appellate jurisdiction both 

 from the decisions of its own judges sitting in the first instance, and 

 from the inferior courts. It also exercises a supervisory and correc- 

 tive jurisdiction over inferior courts and magistrates. A final appeal 



=• 43 Vic, No. 2.S, sec. 19. ^ 31 Vic, No. 12. <^ 37 Vic, No. 15. 



'1 31 Vic, No. 12, sec. 8. Boroughs incliule city or suburban or populous country 

 districts, having a population of at least 1,000 ; municipal districts include incorporaterl 

 districts, not being boroughs, but comprising a popuhxtion of not less than 500. 



•^ 37 Vic, No. 15, sec. 10. ' As to the municipal franchise, see sec o2.^ 



" 31 Vic, No. 12, sec. 117. '' Of these the most important is 43 \ ic ^o. 3.^ 



' That is in its present form. A Supreme Court had been established m 1814 ; but 

 both its constitution and iurisdictiou differed from that of the present Court. 



J 9 Geo. IV, ch. 83 ; 2 and 3 Vic, cli. 70; 4 Vic, No. 22; and other statutes subse- 

 quently referred to. -r. • ^ -i /^ at t» n n 



k Constitution Act, sec. 39 ; see also Memorandum of Privy Council (6 Moo. r.L.L., 



^■?Cct^stitution Act, sec. 40. - 17 Vic, No. 21 ; 20 Vic, No 31 ; 24 Vic, No 6 

 "44Vic,No. 18. "54 Vic, No. 25. j'.SG Vic, No. 9; 55\ ic. No .-t-. 'loM ic,i>o. IJ. 



