CO885-(10-11) — Page 849

12293.

PUBLIC RECORD OFFICE

Reference :-

wwwimmimC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

| ALLY WITHOUT PERMISSION OF THE

BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

No. 671.

(CAPE OF GOOD Hope.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Temple, November 21, 1870. We are honoured with your Lordship's commands, signified in Mr. Holland's letter of the 12th November instant, stating that he was directed by your Lordship to say that a question had arisen whether the holder of a deed of burghership granted at the Cape Colony is entitled to claim a passport to enable him to travel on the continent as a British subject.

2. That by a proclamation issued in 1817 by Lord Charles H. Somerset (a copy of which was annexed for reference) it appeared that deeds of burghership are granted to foreigners and aliens who have resided five successive years in the Colony upon their taking the oath of allegiance, and

3. That a deed of burghership in form recites that the oath of allegiance has been taken by the applicant, and then empowers the holder to "enjoy all the civil rights appertaining to burghers, provided he perform all civil duties."

Mr. Holland was pleased to say also that a copy of a deed granted in 1844 was annexed for reference, and

That (4) in a local Act of 1856, which enabled aliens to hold fixed property in the Colony, it is provided " that nothing in this Act shall be deemed or taken to naturalize any alien any of the privileges conferred by deeds of burghership, save and except only the privilege of purchasing, acquiring, and owning fixed property"; and in a subsequent Act of 1861, for facilitating the naturalization of aliens, is the following section: "every person obtaining letters of naturalization under this Act shall pay for the same, for the benefit of the public revenue, the sum of 201. sterling, provided that any person who shall have at any time heretofore obtained a deed of burghership, and who shall desire to obtain letters of naturalization under this Act, shall be allowed whatever amount he shall have paid for the said deed in part payment of the sum of 201. aforesaid.”

That, 5, the above was the only information in your Lordship's department with respect to those deeds and the rights conferred by them, but the copy of a report of the Attorney General of the Cape, to whom the question was referred as to the civil rights conferred in the Colony upon persons holding deeds of burghership, was annexed for our information, and

6. Mr. Holland was pleased further to say that he was to request that we would favour your Lordship with our opinion whether the holder of a deed of burghership is entitled to claim a passport to travel on the continent as a British subject.

In obedience to your Lordship's commands we have the honour to

Report

That the civil rights conferred at the Cape settlement by the grant of letters of burghership to an alien are, in our opinion, local, and the enjoyment of them con- ditional on the performance of the corresponding civil duties within the Colony. The status conferred by the grant of such letters appears to us to be that of a privileged alien within the Colony, and falls short of that conferred by naturalization. We consider the holder of such letters not to be thereby entitled to claim a passport to travel on the continent of Europe as a British subject.

The Right Hon. Earl Kimberley,

&c.

&c.

&c.

We have, &c. (Signed)

R. P. COLLIER.

J. D. COLERIDGE. TRAVERS TWISS.

Q 16978.-757. 25.-5/80.