cHAP. X11] LEGISLATION FOR THE DOMINIONS 1327
a representative legislature under an Imperial statute was
inevitable in view of earlier legislation in 1840 and 1846, and
other Acts were needed in 1857, 1862, and 1868 to make the
path of the Parliament clear by removing obsolete fetters
on its action!
The boundaries of a Colony are not open to a Colony to
regulate ; this follows from the fact that the territory for
which it legislates is clearly what it has not, but what it
wants to get. It was long thought that a mere exercise of
the prerogative in every case was sufficient to transfer
territory to a Colony, but at last doubts on this head became
very strong; in some cases the boundaries had received
incorporation in an Act of Parliament, and it was asked
whether they could be changed thereafter. Finally, the
whole matter was determined by the Colonial Boundaries
Act, 1895, which ratifies all such alterations ex post facto
and for the future, subject to the reserve that the consent of
the self-governing Colonies enumerated was necessary. This
Act was made by the Commonwealth Constitution Act, 1900,
to apply to the Commonwealth as a whole, and not to the
individual states. In the case of the Union of South Africa
it applies to the Union. It may be noted that from their
establishment to their extinction the Transvaal and the
Orange River Colony never fell under the protection of the
Act, which could have been used to alter very considerably
their boundaries despite any adverse views which they might
have had. The Act was availed of to transfer territory from
the Transvaal to Natal after the Boer war, but not to add
Papua to the Commonwealth. That possession is merely
under the authority of the Commonwealth under s. 122 of
the Constitution.
Other Imperial Acts owe their character to the subject-
matter. Thus the Act of 1901 regarding the demise of the
Crown is general in terms and applied to Australia, as was
seen on the occasion of the death of the late King in 1910,
when the question was discussed? and so is the Act to add
* See these Acts in Constitution and Government of New Zealand, pp. 12-17.
* The Queensland Act of 1910, which re-enacts the provisions of the Act
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