forward by the South African Republic as to the interpretation of their own law must be accepted, and if this be so, we think that the protest cannot be maintained, on the grounds embodied in our previous Report.
In any
further communication to the South, African Republic care should be taken to specifically refer to the statement of the effect of the law put forward in Mr. Reitz's letter of the 22nd July as being the sole ground for withdrawal, so that in the event of any other view being adopted, or the tax not being imposed on those who have not served, the protest can be at once renewed,
28190.
No. 233.
(NATAL.)
LAW OFFICERS to COLONIAL OFFICE.
་་
PUBLIC RECORD OFFICE
Reference :--
'| 2 | 3 |
C.O.885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
1
We have, &c,
RICHARD E. WEBSTER. ROBERT B. FINLAY.
SIR,
The Right Honourable Joseph Chamberlain, M.P.,
&c.,
&e..
&c.
Royal Courts of Justice,
16th October, 1899. We were honoured with your commande signified in Mr. Bertram Cox's letter of the 26th ultimo, stating that he was directed by you to transmit to us a despatch from the Governor of Natal, together with a Report from the Attorney-General of the Colony, relating to certain questions which had arisen with respect to the powers of the Natal Native Trust to raise money for the purpose of irrigation works in the Mooi River
district.
That the Natal Native Trust was a body Corporate created by Letters Patent, dated the 27th April, 1864. That a print of those Letters Patent was transmitted with Mr. Bertram Cox's letter.
That it would be seen from the Governor's despatch above referred to that the Corporation had been engaged in carrying out a scheme for the irrigation of certain lands which it was proposed to let to natives, and that it was considered desirable that the funds require for the purpose of carrying out the works should be borrowed upon the security of the lands held by the Corporation. That the Letters Patent provided that the Corporation may take and hold lands within the Colony, or any interest in such lands, and may grant, sell, lease, or otherwise dispose of the same lands in such wise as they shall deem fit, for the support, advantage, or well-being of the said natives, or for purposes connected therewith.”
That the Attorney-General of Natal had expressed the opinion that the powers thus conferred did not include the power to mortgage the lands belonging to the Corporation, and an enabling Bill (a copy of which was enclosed in Mr. Bertram Cox's letter) was accordingly introduced in the Natal Parliament, which, however, it was found to be impossible to pass during the session.
That, under these circumstances, it had been suggested that the Letters Patent might be so construed as to permit of the mortgage of the Trust lands in England, although not in the Colony, or if this should not be authorised by the terms of that instrument, that additional Letters Patent might be passed definitely authorising the Corporation to mortgage the lands,
That it appeared to you to be immaterial whether a loan upon mortgage of the Trust lands were negociated in this country or in Natal, but that you presumed that the mortgage in either case would, if legally permissible, have to be executed in the Colony. That you entertained, however, considerable doubt whether, responsible Government having been established in Natal by Law 14 of 1893 (a copy whereof was enclosed) there remained power to alter Letters Patent constituting a Corporation of such a character and composition as the Natal Native Trust by additional Letters Patent, and whether if such power existed, it would be desirable to exercise it.
That Mr. Bertram Cox was to request us to take the papers into our consideration and to advise :-
1. Whether the Letters Patent of the 27th April, 1864, were to be construed,
(a) in accordance with the law of England,
(b) in accordance with the law of Natal.
2. Whether the said Letters Patent empowered the Natal Native Trust to raise
money by mortgage of the lands held by them (4) in England, (4) in Natal.
3 If the Natal Native Trust had not the power to mortgage lands, whether such
power could properly be conferred by additional Letters Patent?
4. If not, by what means should such power be conferred ?
5. Generally.
In obedience to your commands we have taken the matter into our consideration and have the honour to
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