*
2
safeguarding the pensions of transferred officers by means of the Inter-Colonial Council, but that the superannuation schemes of the Council already in operation would appear to be valueless.
That the powers and duties of the Inter-Colonial Council were defined in the accompanying Orders in Council.
That, by Section 4 (e) of the Order in Council of 20th May, 1903, the Inter Colonial Council was established to advise the High Commissioner on any matter connected with the administration of the Central South African Railways and the South African Constabulary, or any other branch of the public service common to the Transvaal and Orange River Colony, the expenditure on which may be placed under the authority of the Council
And that by Section V. (3), (b), (c), and (d) of the Order of 10th May, 1905, the Estimates of Expenditure to be passed by the Council were to include the estimated expenditure of working, administration, and maintenance of the Central South African Railways
and any other necessary expenditure in con- nection with the said railways
; the estimated expenditure of the South African Constabulary; and the estimated expenditure on any other public ser- vices common to the Transvaal and Orange River Colony. That the Estimates of expenditure, when finally approved by the Council and the Secretary of State, had the force of law.
That the legal advisers to the High Commissioner, in their opinion of the 25th of April, 1907, stated that they did not consider a pension scheme to officials to be a matter connected with administration within the meaning of the Order of 20th May, 1903; and that further, that any pension scheme adopted by the Council would be nugatory in the event of the Council's dissolution. That in view, however, of the provisions in the Letters Patent already referred to this last obser- vation appeared to be incorrect.
That your Lordship would be glad if we would take these matters into our consideration and advise you whether in our opinion:-
The establishment by the Inter-Colonial Council of a pension scheme for its servants, or the grant of pensions to individual officers of the Council or of its departments, was within the powers of the Council?
We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to
Report-
That, in our opinion, the pension schemes established for the benefit of railway servants and of the South African Constabulary are within the powers of the High Commissioner and Governor and the Inter-Colonial Council. We think also that pensions may be granted to individual officers of the Council or of its departments, provided such officers have been appointed for the proper conduct of its business.
The Right Honourable
The Earl of Elgin, K.G.,
&c., &c.,
We have, &c.,
JOHN L. WALTON. W. S. ROBSON.
4705
No. 94.
(NYASALAND.)
LAW OFFICERS to COLONIAL OFFICE.
[Poncer of the Protectorate Government to resume possession of certain land granted to the Foreign Mission Committee of the Church of Scotland.]
Law Officers' Department,
Royal Courts of Justice, MY LORD,
7th February, 1908. We were honoured with your Lordship's commands signified to us in Mr. Antrobus's letter of the 9th December last, stating that he was directed by your Lordship to lay before us, for our consideration, the following facts in regard to a question which had arisen as to the extent of the power of the Government of Nyasaland (lately the British Central Africa) Protectorate to resume possession of certain land granted to the Foreign Mission Committee of the Church of Scotland. That in the year 1902 a Contract was entered into on behalf of His Majesty's Government with the Shiré Highlands Railway Nyasaland, Limited, for the con- struction of a railway in the Protectorate. That we should observe that Clause 10 of the Contract provided that the Government should place the Company in quiet possession of the lands required for the railway, on the condition that all compensa tion payable to any owners, tenants, or occupiers of the lands should be borne by the Company, but that the Government undertook to exercise all such powers of entry and resumption as might have been reserved to the Government by the deeds of grant of such lands.
That part of the land which it was necessary to acquire for the railway lies within an area granted to the Church of Scotland Mission in 1893 under a Certificate of Claim in the form of which a specimen was enclosed. That one of the conditions (numbered 5 in the specimen) inserted in the Certificate reserved to the Government the right to make roads, railways, or canals for the public use, across any part of the estate without compensation, provided that such roads, railways, or canals did not alienate more than a certain proportion of the estate, that compensation was paid for the disturbance of growing crops or of buildings, and that the cost of the upkeep of such roads, railways, or canals fell on the Government, and not on the proprietor of the estate.
From Mission Committee, 30th August, To Foreign Mission, 6th September. From Foreign Mission, 27th November.
That it would be observed from the correspondence which was enclosed, that the Foreign Mission Committee of the Church of Scotland contended that although it might be open to the Govern ment to make the railway itself or by its contractors, and for that purpose to resume the necessary land without any com pensation except for growing crops and buildings, the Government was not compe- tent to resume the land, without full compensation, for the benefit of the company which was making the railway, and that the Committee proposed to take proceed ings to protect their interests.
That the railway was being made for the use and benefit of the public, and that your Lordship was disposed to think that the fact that the contractors would inci dentally benefit or try to benefit their own shareholders was not a material circum- stance affecting the right of the Government to resume the land under the Certifi- cate. That your Lordship was, however, inclined to consider that the matter was one which called for settlement in the direction of inducing the Company to agree to some moderate compensation being offered to the Mission, but that you would be glad if we would take the matter into our consideration and advise
1. Whether it was competent for the Government to resume the land in question for the benefit of a third party constructing the railway not for the benefit of the Government itself, but for the benefit of shareholders?
2. Generally
25 W197 3:09 D&S & 31971
PUBLIC RECORD OFFICE
Reference :-
C.O.885
16 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO