cHAP. 111] THE UNION OF SOUTH AFRICA 947
were to have Councils or Parliaments, the details of the
Constitutions being left to the Crown to decide. The Act,
however, provided, on the model of the British North
America Act, by ss. 33 and 34, for the exercise of powers
by the Union and Provincial Parliaments respectively.
The classes of subjects given to the two Legislatures were
almost exactly the same as those laid down in ss. 91
and 92 of the British North America Act. The Provincial
Councils had, therefore, exclusive powers in all merely local
or private matters. The power of disallowance of such laws
was vested, as in Canada, in the Governor-General. The
distribution of legislative powers was not absolutely deter-
mined by the Act, because by s. 37 power was given to vary
by Order in Council the distribution of powers laid down in
38. 33 and 34. Power was given to the Union to organize
a Supreme Court of Judicature and a general Court of Appeal;
but it was expressly provided (s. 51) that no Act of the Union
Parliament should be sufficient to abridge the power of the
Crown to grant special leave to appeal to the Crown in
Council. The Parliament and Government of the Union
were given, by s. 54, the same powers as were given to the
Government and Parliament of the Dominion by s. 132 of
the British North America Act with regard to treaties. All
laws respecting natives or native affairs or immigration, and
all laws passed by the Provincial Councils relating to the
tenure of land, were required to be reserved unless owing to
some urgent emergency, when the law could be assented to,
but had to be sent home at once. The Constitution could be
altered by Act of the Union Parliament, but such a Bill
required to be reserved under s. 56 of the Act. Power was
taken for the admission of new members into the Union by
Order in Council on addresses from the Union Parliament
and the Legislature of the territory to be admitted. On
admission, the territory admitted was to be entitled to pro-
portionate representation in the Legislative Council and the
House of Assembly.
The most significant parts of the Bill from the constitu-
tional point of view were perhaps the assertion in s. 11 that
ce?
