948 THE FEDERATIONS AND THE UNION [PART IV
powers vested in the Governor-General! were to be exercised
by him acting on his own discretion and without the advice
of the Privy Council ;2 and the provision in s. 19 for the
due representation of the natives in the Union Parliament
and in the Provincial Councils in such manner as should be
deemed by Her Majesty to be without danger to the stability
of the Government.
Effect could only be given to the Act up to August 1, 1882,
and, as circumstances prevented anything being done at
that date, the Act lapsed, save as to one section (58) allowing
the Crown from time to time to annex territories to the Cape.
Under s. 4 of the Act the King in Council is empowered
by proclamation at any time within a year from the passing
of the Act to declare that the four Colonies of the Cape,
Natal, the Transvaal, and the Orange River Colony shall
be united as a Legislative Union with the name South
Africa. The King may then appoint a Governor-General and
the Union shall come into force at the date given in the
proclamation, but which must not be more than a year after
the passing of the Act. The Colonies joining the Union at the
start become original provinces with the same boundaries
as at present, the Orange River Colony being styled the
Orange Free State Province, and any Colony which does not
join can only enter later on by virtue of an Order in Council
made under the powers taken in the Act for the entry of
sew provinces (such as Rhodesia).
It will be seen at once that the assent of the Colonies con-
* Per conéra, the Tasmanian Interpretation Act, 1906, s, 12, provides
that the term ° Governor’ means Governor acting with the advice of the
Executive Council, a curious and unusual provision, which renders necessary
a new definition in the Act No. 10 of 1908, s. 2, respecting indeterminate
sentences, where the duty is cast on the Governor personally, The South
Africa Interpretation Act, 1910, has followed this model; cf. above, p. 150,n. 1.
* This seems to go too far. For example, by s. 20 the Governor-General
was empowered to summon the House of Assembly : that he should not
be advised by the Council as to this would have been absurd. The real
point is not ‘ without advice’, but the existence of power to disregard
advice ; such a power the Governor-General must and does have, or the
(Government would be completely transferred to ministers.