*
}.
No. 106.
(NATAL.)
[Petition of Rebel Farmers.]
I
INSTRUCTIONS TO THE LAW OFFICERS AND COUNSEL TO ADVISE.
Herewith are sent:-
1. Copy Departmental Minutes.
2.
3.
"
4.
5.
6.
Correspondence.
Natal Crown Suits Act, 1894.
Natal Indemnity Act No. 41 of 1901.
Opinion of Law Officers of 29th March, 1897.*
}
"
29th June, 1904.†
The questions in this case arise with regard to claims made by certain persons (who were at the outbreak of the Boer War farmers in Natal) for the repayment to them of the value of stock seized on their farms by the military authorities, as they alleged, and sold in 1899.
The facts alleged by the claimants are set out in a petition presented by them to the Secretary of State for the Colonies and dated 20th August, 1906 (a copy of which will be found with the copy correspondence herewith), and shortly are that the claimants are residents in Natal and British subjects, at the outbreak of the war they occupied farms in the County of Weenen in Natal, and during the initial stages of the war their stock was taken by the military from their farms and sub- sequently sold, the proceeds of sale being paid to the military authorities. The petitioners were rebels, but have paid the fines and undergone the terms of imprison- iment imposed upon them for their offences.
The petitioners subsequently claimed compensation from the Invasion Losses Commission, but as suspected rebels compensation was refused them. They then claimed compensation from the "Derelict Stock Fund," which was a fund held by the Colonial Government and represented the proceeds of sale of stock taken possession of by the military during hostilities and handed over to the Colonial Government. The distribution of this fund was governed by a Colonial Act known as the Derelict Stock Fund Act, 1905. The petitioners' claims were investigated by the Commissioner appointed under the Act, but could not be entertained, as the stock in question had not been sold by the Colonial Government and the proceeds of sale did not form part of the Fund. The fact that the petitioners had been rebels would not have debarred them from claiming against this Fund.
The petitioners then on 20th August, 1906, presented their petition, which was, in October, 1906, forwarded by the Governor of Natal to the High Commissioner and by the latter to the Secretary of State for the Colonies. The view of the Colonial Office was, in the first instance it is understood, that the petitioners had no ground of claim; the Prime Minister of Natal, however, who was in England in 1907, pressed the claim of the petitioners upon the Colonial Office, and in June, 1907, the petition was forwarded by the Colonial Office to the War Office for the considera- tion of the latter Department.
The Major-General in Charge of Administration, South Africa, was accord- ingly instructed by the War Department to enquire into and report upon the facts of the petitioners' case; for this purpose the Major-General communicated with the Colonial authorities, and on 13th January, 1908, received from them a copy of a minute or report of the Master of the Supreme Court of Natal, who was the Commissioner appointed under the Derelict Stock Fund Act (a copy of which. dated 19th December, 1907, will be found in the copy correspondence). The Master states that he had before him and investigated the petitioners' claims. though, as will be seen from the report and as previously stated, he was, in the
No. 134 in Vol. V.
25 Wt 231. 12/08 D & 8 & 34288
↑ No. 228 in Vol. VI.
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PUBLIC RECORD OFFICE
19.
C.O.885
Reference :-
16 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO