Page:Statesman's Year-Book 1921.djvu/268

 216 THE BRITISH EMPIRE: — UNION OF SOUTH AFRICA

Justice.

The Common Law of the Union is the Roman-Dutch Law, that is, the uncodified law of Holland as it was at the date of the cession of the Cape in 1806. The sources of the law are the Dutch Commentaries and text-books of the seventeenth, eighteenth, and early nineteenth centuries. The Law of England as such is not recognised as authoritative, though by Statute the principles of English Law relating to mercantile matters — e.g., companies, patents, trademarks, insolvency and the like, have been introduced. In shipping, insurance, and other modern business developments English Law is followed, and it has also largely influenced civil and criminal procedure. In all other matters, family relations, property, succession, contract, &c, Roman-Dutch Law rules, English decisions being valued only so far as they agree therewith. The prerogatives of the Crown are, generally speaking, the same as in England.

The Supreme Court consists of an Appellate Division with a Chief Justice and two ordinary and two additional Judges of Appeal. In each Province of the Union there is a Provincial Division of the Supreme Court ; while in the Cape there are two Local Divisions, and in the Transvaal one, exercising the same jurisdiction within limited areas as the Provincial Divisions. The Judges hold office during good behaviour. The Circuit System is fully developed.

Each Province is further divided into Districts with a Magistrate's Court having a prescribed civil and criminal jurisdiction. From this Court there is an appeal to the Provincial and Local Divisions of the Supreme Court, and thence to the Appellate Division. A distinctive feature of the Criminal system is that Magistrate's convictions carrying sentences above a prescribed limit are subject to automatic review by a Judge.

Persons convicted, all courts, 1919: males, 210,131, females, 21,400.

Chief-Justice of South Africa. — The Rt. Hon. Sir James Rose- Junes, K.C.M.G. (Appointed 19 October, 1914).

P.C.

Finance.

Prior to 1913-14 the expenditure of the four Provinces was entirely met from grants by the Union Government. Under the Financial Relations Act, 1913, which came into operation on April 1, 1913, certain revenues wen transferred or assigned to the Provinces, and the grants by the Union Govern- ment were limited to 50 per cent, of the total normal or recurrent expenditui e of the Provinces, with additional subsidies to two Provinces in which the funds so provided were shown to be inadequate to meet tho neci expenditure. The Act also provided that the capital expenditure of tin- Provinces should be financed by redeemable loans from the Union Treasury, the interest and sinking fund Charges on which should be included in tn«a normal or recurrent expenditure and thus he subject to the 50 per ient. grant,

Revenue and expeni

lituic : —

1918-14

(pri'-war)

1916-17

1917-18

1018-19

1919-90

RcTfinu' (oidinon ). Kxpeuditura (unlinnry). „ (loan account)

15,980,944 14,289,652

4 18,408,619 15,4. 1 6,143,000

£

16,886,161 6,888,000

£ 21,911,029 18,281,801 7,932,01)0

£

97,428,176 90.9J

IS, 000