PUBLIC RECORD OFFICE
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Reference :-
C.O.885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
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Now therefore Her Majesty, by virtue and in exercise of the powers by the Foreign Jurisdiction Act, 1890, or otherwise in Her Majesty vested, is pleased by and with the advice of Her Privy Commeil, to order, and it is hereby ordered as follows :—
1. Notwithstanding anything contained to the contrary in the Order in Council dated the 9th day of May, 1891, and providing for the exercise of Her Majesty's jurisdiction in certain territories of South Africa which are under the protection of Her Majesty, the High Commissioner for South Africa may by proclamation authorise the Resident Commissioner for the Bechuanaland Protectorate to hold Courts from time to time at places to be named in the said Proclamation outside the limits of the said Protectorate and within the limits of the Cape Colony for the trial of any action, suit, or proceeding, whether civil or criminal, arising within the limits of the said Protectorate, or perform there any other judicial act relating to the said Protectorate.
2. All judicial acts done by the said Resident Commissioner at the said places shall have the same force and effect as if such acts had been done within the limits of the said Protectorate; provided, however, that the said Resident Commissioner shall not exercise the powers conferred on him by the High Commissioner under this Order if any party to the action, suit, or proceeding shall show good cause why such power should not in the particular case be exercised.
3. No judicial act heretofore done by the said Resident Commissioner shall be invalid by reason merely that such act was done elsewhere than within the limits of the said Protectorate, but every such act shall have the same force and effect as if
it had been done within the limits aforesaid.
4. In this Order the words "Judicial Act" shall include every act of whatsoever kind or description done or to be done by the said Resident Commissioner in his judicial
· capacity, and every act for enforcing any such judicial act.
R. E. W.
R. B. F.
23214.
SIR,
No. 195.
(CANADA.)
LAW OFFICERS to COLONIAL OFFICE.
¥
Royal Courts of Justice, October 15, 1898.
WE were honoured with your commands signified in Mr. Bertram Cox's letter of the 13th ultimo, stating that with reference to our Report of the 10th August,* in which we advised as to the answer to be returned to the communication received from Messrs. Hasties on the subject of the expulsion of Mr. Du Bose from Canada, he was directed to transmit to us copy of a further letter which had been received from those Sept. 21 gentlemen, in which they offered to submit Mr. Du Bosc's case to arbitration.
That Mr. Bertram Cox was also to enclose a copy of the letter from the Colonial Office of the 19th August, to which that letter was a reply, and to explain that in consequence of the cessation of hostilities between Spain and the United States it was not thought to be necessary, as advised by us, to inform Messrs. Hasties that Mr. Du Bose would not be allowed to land in Canada during the continuance of the war.
That you were disposed to regard the question raised by Mr. Dr Bosc as one involving important matters of principle, and that it was extremely desirable that the power of directing aliens to leave Her Majesty's Dominions, when their continued residence might give rise to International difficulties, should as far as possible be maintained.
That you would be glad to receive our advice as to the reply which should be made to Messrs. Hasties' offer to submit the matter to arbitration.
We have taken the matter into our consideration, and, in obedience to your commands, have the honour to
Report-
THAT, in our opinion, it is not expedient to agree to arbitration on such a point. Mr. Du Bose should be left to take proceedings at law if he is so advised. Messrs. Hasties' proposal should be declined.
The Right Hon. J. Chamberlain, M.P.,
&c..
&c..
&c.
• No. 185.
We have, &c.,
RICHARD E, WEBSTER.
ROBERT B. FINLAY.
822-26-10,98 W 21618 D & S