1048 ADMINISTRATION AND LEGISLATION [PART V
Civil List Acts (1 Will. IV. ¢. 25; 1 & 2 Vict. c. 2) the funds
in question, and the Act of 1852 (15 & 16 Vict. c. 39) recites
the fact that grants had been made without authority, and
required the confirmation which it proceeds to give.
In 1852 the power to deal freely with land, subject only
to existing rights of the New Zealand Company, was given
to New Zealand, though only to the central Legislature, and
in 1856 an Act to confer on the provincial councils to enact
laws for regulating the sale, disposal, and occupation of the
waste lands of the Crown was disallowed. In 18552 the
land of the Australian Colonies was thrown open to the
administration of the Governments and Legislatures, though
the land in Western Australia was kept under the Imperial
control, as that Colony was still without responsible govern-
ment.? Tn South Africa the Cape in 1872, and Natal in 1893
were in full possession of the Crown revenues which had
been accorded them with representative government.t In
the case of the Transvaal and the Orange River Colony, while
the general land control was surrendered, a curious position
was left with regard to land settlement. Special provision
was felt to be necessary for the continuance for a period of
the power of the Governor over the lands which had been
occupied by settlers introduced originally more or less deli-
berately to act as a counterpoise to the Boer population, and
who from various causes would have been likely to suffer
severely if left to a government merely careful of their legal
' 15 & 16 Vict. c. 72, 88. 72-8. 8.73 saved native rights, but was repealed
{under the authority of 25 & 26 Vict. c. 48) by The Native Lands Act,
1873, s. 4. Cf also Wallis v. Solicitor-General for New Zealand, [1903]
A.C. 173; and see 29N. Z. L. R. 1123. For the other sections see Oon-
stitution and Government of New Zealand, p. 11. The surrender in New
Brunswick in 1837 (8 Will. IV. ¢. 1) is described by Hannay, New Bruns-
wick, ii. 1 seq., and see 3 Cart, 20 seq.
* 18 & 19 Vict. ¢. 56. Cf. also Forsyth. Cases and Opinions on Con-
stitutionol Law, pp. 174-6.
* It was given power by 53 & 54 Viet. c. 26, on the grant of responsible
government,
¢ In Natal a trust existed as regards native lands under royal letters
patent. It was made statutory by a Natal Act (No. 29) of 1910 just before
anion. Legislation regarding native lands required reservation.
