R
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is still in force, and that the masters of British vessels carrying native labourers are still bound by the provisions as to the bonds and licences contained in that Act. Although the Act is open to the construction that its operation is affected by the status of the islands at the date of its enforcement, and not at the date of its passing.. we do not think it would be wise or safe to act upon this view of the Statute.
We have, &c.,
JOHN L. WALTON. W. S. ROBSON.
27450
The Right Honourable
The Earl of Elgin, K.G.,
&c., &c.,
&c.
}
PUBLIC RECORD OFFICE
Reference :-
TTLE C.O.885
MY LORD,
No. 81.
(SOUTH AFRICA—SWAZILAND.)
LAW OFFICERS to COLONIAL OFFICE.
[Position of certain Concessionaires in Swaziland.]
Royal Courts of Justice,
July 31, 1907. We were honoured with your Lordship's commands signified in Mr. Just's letter of the 1st ultimo, stating that he was directed by your Lordship to transmit to us a copy of a despatch from the High Commissioner for South Africa regarding the position of certain concessionaires in Swaziland.
That it would be seen that in certain cases the late King Umbandine granted similar concessions over the same area, or part of the same area, to two different persons the one concession, however, expiring at a later date than the other.
That Mr. Just was to enclose a copy of the Swaziland Administration Proclama- tion No. 3 of 1904 under which all concessions in that country granted by Umbandine were now being dealt with. That it was not specifically stated in Lord Selborne's despatch, but that it must be assumed that the later concessions, which were now in question, were not rendered invalid under Section 10 of that Proclamation, i.e., that they were examined and confirmed by the Concessions Court which sat in 1890.
That Mr. Just was to observe, however, that that Court confined itself to ascer- taining whether the documents purporting to confer concessions were initially valid as being properly executed and, if so, whether the Concessions were against public morals. That it made no further investigation into validity of title.
That we should see that the members of the Swaziland Concessions Commis- sion, constituted under the Proclamation of 1904, and now engaged in accordance with Section 15 in determining the boundaries of lands affected by concessions; took a different view as to the rights of the holders of concessions of later date, to that expressed by the President.
That the latter held that those persons to whom such concessions were granted had nothing more than a personal right which would have furnished a cause of action against Umbandine, and that, in view of the Administration Proclamation, they had no cause of action against His Majesty. That, on the other hand, the members of the Commission took the view that the later grants were not void ab initio, but only voidable at the option of the later grantee, and that in this view they were supported by the legal adviser to the High Commissioner.
That Lord Selborne, acting on the advice of his legal adviser, and of the majority of the members of the Concessions Commission, proposed to issue a Proclamation making provision for the recognition and protection of the rights of the second grantees. That your Lordship, however, felt doubtful whether the view accepted by the High Commissioner was the correct one, and that Your Lordship found that this doubt was shared by Sir R. Solomon, who had been consulted on the subject informally.
That Mr. Just was to point out that, apart from the technicalities of the case, it appeared probable that the second of the two concessions extending over the same area, was made by error, inadvertence or even deceit, and that this probability was the greater in the case of concessions made by Umbandine, who was an un- civilized savage, and frequently under the influence of drink.
That Mr. Just was to call our attention particularly to the concluding para- graph of Section 20 of the Swaziland Administration Proclamation of 1904. That the provisions of that section relating to the division of land between concession- aires and natives were about to be carried out, and that, therefore, in the cases and on the conditions specified, the holders of earlier concessions would be entitled to have issued to them freehold titles in respect of what remained of their conces- sions after division had taken place. That practical difficulties would, therefore,
23 Wt 97 8,07 D & S
5 29452
16 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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