87118
SIR,
No. 162.
(SOUTH AFRICA.)
LAW OFFICERS to COLONIAL OFFICE. [Central South African Railways: Order in Council.]
Royal Courts of Justice,
September 3, 1902.
We were honoured by your commands signified to us by Mr. Bertram Cox in his letter of the 20th of August last, stating that he was directed by you to transmit to us the draft of an Order in Council vesting the line of the Netherlands Railway Company in the Governor of the Transvaal, and placing that line, the railways in the Orange River Colony, and others in the Transvaal or Orange River Colony which may hereafter be acquired or constructed, under the management of the High Commis- sioner for South Africa.
That he was also to transmit to us copies of telegraphic correspondence with Lord Milner on the subject.
That he was to enquire whether in our opinion the draft Order in Council was sufficient and proper for its purpose.
We have taken the matter into our consideration, and in obedience to your com- mands have the honour to
Report-
That we approve of the draft Order in Council as altered and initialled by us. We think it is very questionable as a matter of policy whether the proviso for compensa- tion in clause 3 should be inserted, as it will give rise to claims by all persons having any interest in the Netherlands Company. Any such compensation should be dealt with under the circumstances as a matter ex gratia, and not as of legal right.
The Rt. Honourable
Joseph Chamberlain, M.P., &c.,
&c.,
&c.
We are, &c.,
R. B. FINLAY. EDWARD CARSON.
PUBLIC RECORD OFFICE
Reference :-
C.O. :
885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
ORDER IN COUNCIL.
Whereas His Majesty the King is empowered by and with the advice of His Privy Council from time to time to make all such laws or ordinances as may appear to him necessary for the peace, order and good Government of the Transvaal Colony and of the Orange River Colony:
And whereas certain linee of Railways situated in the Orange River Colony which were formerly the property of the Government of the late Orange Free State have become vested in His Majesty by right of conquest:
And whereas it is expedient that the aforesaid lines of Railways and the railway known as the Netherlands South African Railway situated in the Transvaal Colony should be vested in the Governor of the Orange River Colony and the Governor of the Transvaal Colony respectively on behalf of His Majesty in the manner and for the purposes hereinafter set forth, and that provision should be made for the regulation and control of all the aforesaid Railways and of any Railway which may hereafter be acquired or constructed by or on behalf of the Governments of the Transvaal Colony or the Orange River Colony :
Now therefore His Majesty by and with the advice of His Privy Council is pleased to Order and it is hereby ordered as follows:--
1. In this Order, unless the context otherwise implies,
(1) The expression "Railway" includes all lines of railway and all lands, stations, buildings, locomotive engines, rolling stock, machinery and plant,
and all other property of whatsoever description or nature appertaining to or used in connection with a railway.
(2) The expression "Secretary of State" means one of His Majesty's Principal
Secretaries of State.
2. The lines of Railways in the Orange River Colony which were formerly the property of the Government of the late Orange Free State and all property in and all rights in and over the same shall be and shall be deemed to have been as and from
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