The present form of government of the colony of the Cape of Good Hope was established by order in Council of the 11th of March, 1853. By Act 28 Vict. cap. 5, and Colonial Act III. of 1865, which provided for the incorporation of British Kaffraria with the colony, various changes were made, and the present constitution as now existing brought into force. It vests the executive in the Governor and an Executive Council, composed of certain office-holders appointed by the Crown. The legislative power rests with a Legislative Council of 21 members, 10 of whom are elected for 10 years, and 11 for 5 years, presided over ex officio by the Chief-justice; and a House of Assembly of 66 members, elected for 5 years, representing the country, districts and towns of the colony. The qualification for members of the Council is possession of immovable property of 2,000l., or. movable property worth 4,000l. With the exception of paid office-holders, and others specified in the Order in Council, any person may be elected a member of the Assembly. Members of both Houses are elected by the same voters, who are qualified by possession of property, or receipt of salary or wages, ranging between 25l. and 50l. per annum. The colonial secretary, the attorney-general, the treasurer-general, and the auditor-general, who are members of the Executive Council, can take part in the debates of the Legislative Council and House of Assembly; but though they can introduce new measures, they cannot vote in either House.
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Frédérick Martin (1865) studied this question.