Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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[622 ADDENDA contravene the usual rule that a Governor cannot do an act of state without ratification, for the act of state arose from the treaty of cession of Pondoland, and the Government of the Cape had special authority from the Crown to deal with Pondoland, by Letters Patent of June 7 and July 27, 1894 (see Act No. 5 of 1894 of the Cape), and the English Courts systematically decline to consider rights arising from annexation. In Sprigg v. Sigeau ([1897 1A. C. 238) the plea of act of state was not substantially urged, just as it was not urged in RB. v. Crewe, ex parte Sekgome ([1910] 2 K. B. 576), but in the latter case the exercise of legislative authority under the Foreign Jurisdic- tion Act, 1890, and the Order in Council for the Bechuanaland Pro- tectorate made thereunder, was held sufficient to justify a deportation and detention, in the former the terms of Act No. 5 of 1894 were not wide enough to do so. For future cases suitable provision was made by Act No. 29 of 1897. Cf. Keith, State Succession, pp- 13 seq., 83. Pace 1099. The attitude of the Commonwealth Government is shown by its action in 1911 in repealing the rule laid down in South Australia in 1910 forbidding Asiatics to obtain licences for fishing in the Northern Territory ; see Parliamentary Debates, 1911, pp. 751, 752. Queensland has adhered to the plan of the language test both as regards land (1 Geo. V. No. 15, ss. 59, 62, 94) and sugar works (2 Geo. V.c.8,5.9),and in a Leases to Aliens Bill of 1911. Victoria has passed in 1911 the Bill regarding accommodation for shearers, which makes requisite separate provision for quarters for Asiaties. A Widows Pensions Act of New Zealand in 1911 and a Factories Amendment Act of Tasmania contain clauses affecting Asiatics. Pace 1105. A good example of the combination of Imperial and Colonial legislation to carry out treaty or quasi-treaty obligations is seen in the issue of Orders in Council under s. 238 of the Merchant Shipping Act, 1894 (e.g. for Japan in 1911, applying to all the British Dominions), as regards foreign deserters from merchantmen, and the existence in many Colonies of Acts dealing in detail with such cases and largely supplementing the Imperial Act (e.g. New South Wales, Act No. 47 of 1898; Western Australia, No. 19 of 1878 ; Queens- land Act, 16 Vict. No. 25; Tasmanian Foreign Seamen Act, 1859 (No. 8) ; Natal Act No. 50 of 1903 ; Canada Rev. Stat., 1906, c. 113, 8.323 : New Zealand, Act No. 178 of 1908, part xiv). Pace 1109. New Zealand by Act No. 95 of 1903 took power to restrict the coasting trade to cases where reciprocity was allowed, and Canada by Act 7 & 8 Edw. VIL. c. 64 has full power to close the coasting trade in any case it pleases, but has relaxed the rule by Order in Council of December 9, 1909. Australia proposes to take similar powers in the Navigation Bill of 1911: cf. Debates. 1911. pp. 537. 53K. Page 1121. The Imperial Government permitted the Cape to enter into a Customs Union with the Orange Free State (see Acts

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