Page:Prince Edward Islands Act 1948.djvu/1

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Prince Edward Islands.

Act No. 43 of 1948.

Act


To provide for the confirmation of the annexation to the Union of South Africa of the Prince Edward Islands, and for the administration, government and control of the said islands.



(Afrikaans text signed by the Governor-General.)
(Assented to 1st October, 1948.)



Whereas effective occupation and administration of Marion Island and Prince Edward Island were established on the twenty-ninth day of December, 1947 and the fourth day of January, 1948 respectively, and such occupation and administration will continue permanently:

And whereas by proclamation issued by His Excellency the Governor-General, dated the twelfth day of January, 1948, it was declared that His Majesty’s sovereignty over the said islands is henceforth to be exercised by His Majesty’s Government in the Union of South Africa:

And whereas it is expedient to declare formally that the said islands have been annexed to and form part of the Union of South Africa, and to make due and proper provision for the administration, government and control of the said islands:

Now, therefore, be it enacted by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa as follows:—


Annexation of Marion Island and Prince Edward Island.

1. (1) The territory known as the Prince Edward Islands, consisting of Marion Island, situate latitude 46° 53′ S., longitude 37° 45′ E., and Prince Edward Island, situate latitude 46° 36′ S., longitude 37° 57′ E. (hereinafter called the Territory) is hereby declared to have been annexed to and to form part of the Union of South Africa.

(2) For the purposes of the administration of justice, and in general for the application of the laws of the Union, the Territory shall be deemed to be situated within the Magisterial district which includes the City of Cape Town and to form part of the electoral division which includes the harbour of the City of Cape Town.


Application of common law.

2. The Roman-Dutch Law, as existing and applied in the Province of the Cape of Good Hope, whether as judicially interpreted, or as modified by statute, shall be in force in the Territory, as the common law of the Territory.


Application of statute law.

3. (1) The laws set out in the Schedule to this Act, with any amendments that may be made thereto from time to time, shall be in force in the Territory, in so far as they are applicable.