R
40179.
No. 113.
To be used in
ase of prisoners
f war paroled
any place cut
South Africa
1.
PAROLE.
do hereby solemnly declare on oath that I will not take up arms against the Government of Great Britain during the continuance of Military operations now being conducted by His Majesty's Government in South Africa.
2. That I will not return to South Africa until the termination of hostilities or until released from this parole.
3. That I will not take part in any political discussion or demonstration whatever until released from this parola; and that I will not make use of any seditious or improper language concerning His Majesty's Government or His Majesty's Forces either in conversation or in letters.
:
4. That I will not hold any communication with my friends or acquaintances in the Orange River Colony or the Transvaal until released from this parole, except by open letters through the Military authorities.
5. That I will not furnish to any persons except His Majesty's Officers any informa tion whatever relating to the war or to acts done during the war until I ain released from this parole.
I
6. That, as long as this parole is in force, I will reside in*.
>
and that
I will not leave this country without having first obtained the permission of the Secretary of State for War.
I understand that [I am to furnish security to the amount of £ and that] should I break this parole in any particular [this security will be forfeited, and] if apprehended I shall be dealt with as an active enemy of His Majesty's Government.
That I will report myself every Sworn before me this
day of
to
• Here enter name of country.
190
(MAURITIUS.)
LAW OFFICERS to COLONIAL OFFICE.
Whether Mr. de Boucherville's office of Inspector of Schools was abolished by Ordinance No. 33 of 1899.
Royal Courts of Justice,
November 15, 1901.
SIR,
We were honoured with your commands, signified in Mr. H. Bertram Cox's letter of the 24th ultimo, stating that he was directed by you to lay before us a despatch, No. 338, of 12th September last, from the Governor of Mauritius, together with all the enclosures mentioned therein, and to request the favour of our Report upon the question whether the office held by Mr. de Boucherville had been abolished in consequence of the enactment of Ordinance 33 of 1899.
That Mr. Cox was also to lay before us a despatch, No. 1, of the 8th of January, from the Officer Administering the Government of Mauritius, with copies of extracts from the proceedings of the Council of Government transmitted therewith, and a further despatch from the Officer Administering the Government, No. 188, of the 10th of May, covering a report of the debate in the Council of Government upon the question now submitted to us.
That it would appear from the papers above referred to that Mr. de Boucherville was in 1882 appointed Inspector of Roman Catholic Grant-in-Aid Schools, and that, as such Inspector, he reported direct to the Governor and was not in any way subject to the control of the Superintendent of Schools. That it would, however, seem to be generally agreed that Mr. de Boucherville was an Inspector of Schools under Ordinance 28 of
1875.
That Mr. de Boucherville's case might be summarised as follows:-That he contended that he was appointed in conformity with, and had always acted under, Section 2 of Ordinance 28 of 1875, that by the repeal of that Ordinance by Ordinance 33 of 1899 his office was ipso facto abolished, and that, his office being abolished, he was now entitled to pension.
That it would appear to you to be arguable that, on the repeal of Ordinance 28 of 1875, the office held by Mr. de Boucherville was preserved by virtue of the provisions of Section 11 of the Interpretation Ordinance, 1898, and consequently brought under the operation of Ordinance 33 of 1899 by Section 1 (4) III. of that Ordinance.
That it would further appear that, for the purpose of construing the section immediately above referred to, the repealed Ordinance 28 of 1875 being in pari materia with Ordinance 33 of 1899, might properly be referred to, and that in that connection Mr. Cox was to refer us to the case of ex parte Copeland 2 De G. M. and G. 914.
"
That Mr. Cox was further to point out that the Office of Superintendent of Schools was abolished in express terms by Section 3 (3) of Ordinance 33 of 1899; that that Office was not created expressly by Ordinance, and was, therefore, like that of Inspector of Schools, a non-statutory office;
and that the fact that the former office was expressly abolished by Ordinance 33 of 1899, whilst the latter office was not so abolished, taken in conjunction with the mention of Inspectors of Schools in Section 1 (4) iii. of the Ordinance, would appear to support the conclusion that, if Mr. de Boucherville was (as he admitted) an Inspector of Schools under Ordinance 28 of 1875, he now held that office under Ordinance 33 of 1899.
That Mr. Cox was to request us to take the papers and Ordinances into our consideration, and to report-
1. Whether Mr. de Boucherville's office was ipso facto abolished by the repeal of Ordinance 28 of 1875 ?
2. If not, whether the changes effected, or capable of being effected, in the duties of that office by Ordinance 33 of 1899, were such as to amount to its legal abolition ?
We have taken the matter into our consideration, and, in obedience to your commands, have the honour to
Report-
That we do not think that the repeal of Ordinance 28 of 1875 by the Education Ordinance of 1899 necessarily abolishes the office held by Mr. de Boucherville; it
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