Full text: Responsible government in the Dominions (Vol. 3)

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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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