14020.
No. 70.
(SOUTH AFRICA.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Royal Courts of Justice, August 9, 1894. We were honoured with your Lordship's commands, signified in Mr. Bramston's letter of the 16th of June last, stating that questions had arisen respecting the treatment of British subjects from India in the Republic of the Orange Free State in Africa under certain laws passed in that State, Nos. 5 of 1876, 1 of 1885, 29 of 1890. - That the questions were, whether, in the absence of any convention, the law of 1890 prohibiting these persons from residing in the Orange Free State without permission violated any obligation on the part of that State towards Her Majesty or towards such of Her Majesty's subjects as were affected thereby.
Whether any such subjects were entitled, as of right, to claim, through Her Majesty's Government, compensation for loss sustained in respect of their business carried on under license in the Orange Free State before the passing of the law of 1890, and especially in respect of goods imported before that law and remaining undisposed of at the end of the 12 months' grace allowed by that law.
Mr. Bramston further stated that the facts of the case were set out in the accom- panying printed pamphlet, and he transmitted copies of three opinions given to the High Commissioner by his legal adviser, Mr. Schreiner, on the 15th April 1890 (with the draft law of 1890 referred to in it), on the 5th September 1892, and 20th March 1894, in which the questions for consideration were stated more fully than in his letter.
Mr. Bramston requested that we would take these papers into our consideration, and favour your Lordship with our opinion upon the subject.
In obedience to your Lordship's commands, we have taken the matter into our consideration, and have the honour to-
That in our opinion,—
Report
1. The law of 1890 does not violate any obligation on the part of the Orange Free State towards Her Majesty or such of Her Majesty's subjects as are affected thereby.
2. That no such subjects are, as of right, entitled to claim through Her Majesty's Government compensation for loss sustained in respect of their business carried on under licenses before the passing of the law of 1880, whether in respect of goods imported before that law and remaining undisposed of at the end of the 12 months' grace, or otherwise.
The Most Hon. The Marquess of Ripon,.K.G.,
&c. &c.
&c.
We have, &c.
JOHN RIGBY.
R. T. REID.
(Signed)
⚫ 79871.35.
95.-8/94.
PUBLIC RECORD OFFICE
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PLLC.O. 885
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