།།། ‛། །
PUBLIC RECORD OFFICE
Reference :-
C.O.
885
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the 24th day of May, 1900, transferred to, and vested in the Governor of the Orange River Colony on behalf of His Majesty.
3. The railway known as the Netherlands South African Railway and all pro- perty in and all rights in and over the same shall be and shall be deemed to have been as and from the first day of September, 1900, transferred to and vested in the Governor of the Transvaal Colony on behalf of His Majesty provided that subject to the approval of #-Secretary of State such compensation may be paid to such persone in respect of Anch-mattere having relation to the said transfer as having regard to all the circumstances of the once-may-ba expedient.
4. The railways in the Orange River Colony, the Netherlands South African Railway, and any other railway which may hereafter be acquired or constructed by or on behalf of the Government of the Transvaal Colony or of the Orange River Colony respectively shall be administered and worked as one railway system, which shall be known as the Central South African Railways.
5. The Central South African Railways shall be and remain under the direct control and authority of the High Commissioner for South Africa for the time being and all officers and employées of the said Central South African Railways shall con- form to and obey such orders and instructions as they may from time to time receive from the said High Commissioner or from any person appointed by him to act on his behalf provided that our said High Commissioner shall exercise the said control and authority according to such instructions as may from time to time be given to him by His Majesty through a Secretary of State.
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6. For the purpose of the financial administration of the Central South African Railways there shall be established a financial Board of control, and the said Board shall have such powers, authorities and duties as the High Commissioner for South Africa may from time to time with the approval of a Secretary of State by regulation determine and prescribe, provided as follows:-
(1) The said Board shall consist of not less than three members who shall be ap- pointed by the High Commissioner with the approval of a Secretary of State.
(2) One member of the said Board shall be the chief administrative officer of the Central South African Railways, who shall be known as the Commis- sioner of Railways.
(3) of the other members of the Board one member at least shall be appointed by the High Commissioner upon the nomination of the Lieutenant- Governor of the Transvaal and one member at least shali be appointed by the said High Commissioner on the nomination of the Lieutenant- Governor of the Orange River Colony.
7. The net profits of the Central South African Railways which shall remain after providing for the expenses of working, administration, maintenance, and for other necessary expenditure, in connection with the said Railways, shall be paid over to the Treasurers of the Transvaal and of the Orange River Colony to be applied by them in aid of the revenues of the said Colonies in such proportions and in such manner as the High Commissioner on the recommendation of the Financial Board shall, sub- ject to the approval of a Secretary of State, determine, provided that the High Cont- missioner may on the recommendation of the Financial Board, and with the like ap- proval, direct that any part of the aforesaid profits shall be retained and set aside to meet the expenses of the extension of any of the existing lines of railway within the sald Colonies or of the construction or extension of any other railway lines bereafter constructed within the said Colonies.
8. The High Commissioner may, subject to the approval of a Secretary of State, make regulations for the better carrying out the provisions of this Order and such regulations not being inconsistent with the provisions herein contained shall have effect as though they formed part of this Order.
9. His Majesty may at any time alter, add to, or amend the provisions of this
Order.
10. This Order shall come into operation on a day to be notified by the High Commissioner by Proclamation published in the High Commissioner's Gazette.
40257.
SIR,
No. 163.
(GENERAL: BRITISH NEW GUINEA.)
TREASURY to COLONIAL OFFICE.
[Position of the Lieutenant-Governor with regard.to Pension.]
Treasury Chambers, September 26, 1902.
I AM directed by the Lords Commissioners of His Majesty's Treasury to reply to your letter of 24th July last, respecting the position of Mr. G. R. Le Hunte, Lieutenant- Governor of British New Guinea, with regard to pension,
On receipt of that letter My Lords took steps to obtain the opinion of the Law Officers of the Crown upon the questions proposed by Mr. Secretary Chamberlain, viz. :— 1. Is New Guinea, after it has been placed under the authority of the Commonwealth of Australia, a "Colony" within the meaning of the Colonial Governors (Retiring l'ensions) Act of 1865 ? and if so
2. Is a Governor of New Guinea, appointed by the Government of the Common- wealth of Australia, qualified for a pension under that Act in respect of service rendered subsequently to such appointment?
and I am now directed to request that you will lay before Mr. Chamberlain the accompanying copy of the Opinion of the Law Officers thereon.
The Under Secretary of State, Colonial Office.
Opinion.
I am, &c.,
E. W. HAMILTON.
1. We think "New Guinea" would still come within the definition of a Colony in
the Act of 1865 after it has been placed under the authority of the Commonwealth of
Australia.
2. We think not. The Act only contemplates pensions to officers administering Colonies directly under the Crown. Any provision for the salary or pension of future Governors should be provided for by the Laws of the Commonwealth.
Law Officers' Department,
17th September, 1902.
R. B. FINLAY. EDWARD CARSON.
R. B. F.
E. C.
12674-25-101902 Wt 2757 D&S
15 PUBLIC RECORD OFFICE, LONDON
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