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Our attention has, however, been drawn to the Agreement of the 3rd February 1879, between her Majesty and the Sultan (which we presume is still in force and binding upon the contracting Governments), whereby the property and rights reserved to the Sultan by Article IV. of the Annex to the Convention of June 1878 are commuted by a fixed annual payment And we think that reading this Agreement with the prior Convention, it establishes that all mines in Cyprus which at the date of that Convention belonged to the Ottoman Crown and State may now be disposed of by the British Government of Cyprus. We presume that the mines proposed to be leased fall within this description.
2. We are of opinion that such mines may be leased by the High Commissioner in Her Majesty's name and on her behalf, under the public seal of the island, pursuant to clause 20 of the Order in Council. No greater rights, however, as regards third parties, can be given by such a lease than could have been given by the Sultan prior to the Convention, and any rights acquired under the lease must be held and enjoyed subject to all the limitations and restrictions in favour of third persons which are imposed by the Ottoman law now existing in Cyprus.
3. We think that the lease cannot validly guarantee possession for a period beyond the British occupation of the island, and that it would not be binding on the Ottoman authorities in the event of the administration of the island being retroceded to the Porte, though, of course, when the British occupation comes to an end, Treaty stipu- lations might be made confirming leases granted by the British Government.
4. We think it would be well that the lease should recite the Agreements with the Porte of the 4th June 1878, and the 3rd February 1879, and Article 20 of the Order in Council, so that the title of the Government to make the grant should appear on the face of it. And it should be in the form prescribed by Article 20, which it is not at present. We think, too, it should provide that nothing therein should diminish or affect the rights possessed by any persons under the existing laws of the island of Cyprus.
We have, &c.,
(Signed)
HENRY JAMES. FARRER HERSCHELL. J. PARKER DEANE.
15,373.
MY LORD,
No. 265.
(TRANSVAAL STATE.)
LAW OFFICERS to COLONIAL OFFICE.
WE were honoured with your Lordship's commands signified in Mr. Herbert's
Temple, 6th August 1881. letter of the 22nd instant, stating that he was directed to transmit to us a copy of a telegram received that day from Sir Hercules Robinson, and a copy of the draft of the Convention signed on the 3rd instant by IIer Majesty's Commissioners and by the Boer leaders; and Mr. Herbert was to request that we would advise your Lordship whether in our opinion, after the ratification of the Convention, until which your Lordship apprehended it had no legal effect, although for convenience the government had been, provisionally transferred to the Boers, treaties and contracts made with foreign Powers by the former South African Republic would revive, as supposed by the provisional Government of the Transvaal State, on the according of self-government (which they incorrectly styled independence) to the Transvaal, subject to the Queen's suzerainty; or whether all such treaties and contracts were extinguished by the annexation, and could no longer have any force.
That your Lordship would be obliged by any observations or suggestions which might occur to us on the subject, and by our carly reply.
In obedience to your Lordship's commands we have the honour to
Report
That we are clearly of opinion that the treaties and contracts made with foreign Powers by the former South African Republic will not revive after the ratification of the Convention.
We have, &c.,
(Signed)
The Right Hon the Earl of Kimberley,
&c.
&c.
&c.
HENRY JAMES. FARRER HERSCHEL.
A 12016-245. 25.-12/84.
PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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