22026.
FARRER HERSCHELL. J. PARKER DEANE.
Mr LORD,
No. 34.
(SOUTH AFRICA.)
LAW OFFICERS to COLONIAL OFFICE.
We were honoured with your Lordship's commands, signified in Sir R. Herbert's
Royal Courts of Justice, December 23, 1884. letter of the 9th instant, referring to our Report of the 15th November* respecting the establishment of civil and criminal jurisdiction in Bechuanaland, and stating that he was directed by your Lordship to request that we would be good enough to consider the enclosed Draft of an Order in Council, which had been prepared for establishing such jurisdiction, and inform your Lordship whether the Draft was in our opinion proper and sufficient.
In obedience to your Lordship's commands we have the honour to
Report
That the Draft is in our opinion proper and sufficient, subject, however, to the following proposed alterations and suggestions:—
1. In Clause 4 we think it will be better to omit the words "in so far," &c., to the word "matters," inclusive, in line 4. The retention of such words may give rise to
the suggestion that it was necessary to prove jurisdiction in every case.
14
#
2. In Clause 5, line 9, we suggest the substitution of the word "between
"2
for
'among.' We also think it right to point out that the employment of the word
'natives" in the same clause without limitation might be regarded as unduly ex-
tending the reservation, and that therefore it would be better to insert the words "of African race after the word "natives" in line 9.
33
3. The wording of Clause 7 should be amended by effecting the transposition of sentences we have suggested in the Draft.
4. We think that a proviso should be inserted at the end of Clause 8 to the following effect:-"Provided always that no such Court shall exercise jurisdiction affecting lands not situate within the limits of this Order."
We are in doubt whether it is intended that the substituted courts mentioned in Clause 8 shall be within the limits of the Order; if it be so, extended words should be inserted giving expression to that intention.
in
5. No provision is made in Clause 9 for the execution of sentences of death. Is this intentional? The place of imprisonment is scarcely included in the words such manner." If the place of imprisonment is to be determined by the Court, we think the words "and at such place" should be inserted after of Clause 9.
" manner
in line 2
6. In Clause 10 we suggest that extended powers of judicial notice should be inserted, so that the Convention of February 27th, 1884, the orders of any High Commissioner, the laws of the Cape Colony as applied to the limits of the Order, and any future treaties affecting the territories and published in the Cape Government Gazette, should be included.
7. We are not in a position to say whether any provision should be made by the Order for providing or dealing with the expenses necessary for carrying out the Order. 8. We think it will be advisable to insert a clause reserving power “to revoke, alter, or add to this Order in Council.
The Right Hon. the Earl of Derby, K.G.
Wo have, &c.
(Signed)
HENRY JAMES.
FARRER HERSCHELL.
Y
&c.
&c.
15927.-7. 85-12/85.
&c.
• No. 28.
PUBLIC RECORD OFFICE
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