CO885-(11-13) — Page 467

19,955.

SIB,

No. 212.

(GRIQUALAND WEST.)

LAW OFFICERS to COLONIAL OFFICE.

We were honoured with your commands, signified in Mr. Meade's letter of the

Temple, 18th December 1879. 22nd August last, stating that he was directed by you to request that we would be good enough to favour you with our advice upon the following matters which arose out of a dispute as to the respective position of the Crown and the owners of a diamond farm in Griqualand West.

2. That one phase of the dispute had already been before the Judicial Committee of the Privy Council in the case of Webb v. Giddy, and he was to invite our attention to the cases and appendix and Judgment in that case, copies of which were enclosed. That the point which he was directed to lay before us was one which the Judicial Committee expressly declined to decide in the case of Webb v. Giddy, and that no litigation was at present pending on it.

3. That some time before the year 1871 diamonds had been discovered farms in South Africa, especially upon one named indifferently Dorstfontein or Du upon certain Toite Pan. That that farm was de jure within the limits of the West Griquas, an independent tribe, but at that time the Orange Free State exercised de facto jurisdiction over the territory, and the farms were held upon titles issued by the Orange Free State Government.

4. That one Adrian Van Wyk was the owner of Dorstfontein upon the tenure of "voordurende erfpocht (perpetual quit rent), and he issued licenses to diggers to dig

for diamonds at the rate of 78. 6d. per license. That the diggings were at that time mere surface diggings about 1 foot or 1 foot deep. That the licenses were known as "Old Briefje " licenses.

5. That the London and South African Exploration Company (Limited) (herein-after called the Company) was formed in London in 1870, and on the 7th of March 1871 the Company by their agents purchased Dorstfontein from Van Wyk for the sum of 2,6007., and that the latter on the 24th of April 1871 executed a deed of transfer to the Company in full and free property, &c., "with reservation, however, of the rights of the Government." That a copy of that deed would be found at page 58 of the Record enclosed.

6. That the "Old Briefje" licenses were merely in the words "Granted for digging of diamonds to A. B.," signed by Van Wyk, and dated and endorsed with a receipt for 78. 6d., see No. 129, page 128 of Record. That the issue of these licenses was continued by Van Wyk until the 8th of April 1871, No. 87, page 59 of Record; and that it does not appear that any claim was made by the Government of the Orange Free State to the moneys received by Van Wyk under these licenses.

7. That when the Company took possession of the farm notices were issued by its agents to the diggers that no new licenses would be issued, but that the holders of "Old Briefjes" might remain until the 15th of May 1871, 8 and 9▲, page 59 of Record. That the diggers determined to set these notices at defiance, and to continue their workings on the farm. That it appeared that the Company applied to the Orange Free State for assistance to protect the farm; but not receiving it, and being unable

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to expel the intruders, a treaty was entered into between its agents and the diggers, See Nos. 10, who were represented by a "Diggers Committee," which was embodied in a document 15, pp. 60-3 of the date of the 15th May 1871 headed "Rules and Regulations of the Dorstfontein of Record. Diggings." That these rules provided that after the 15th of May 1871 a fee of 108. 6d. per month should be payable in advance by each digger to the proprietors, except those diggers who were holders of " Old Briefjes." That the rules also contained a code of laws for the good government of the diggers.

8. That such was the state of things when on the 2nd of June 1871 the Orange Free State passed an Ordinance, No. 3 of 1871, relating generally to diamond bearing farms. That a copy of that Ordinance would be found at page 136 of the enclosed Record No. 156. That the material provisions appeared to be—

Article 4, which empowers the Government to determine whether it will purchase a diamond bearing farm, or merely assume superintendence over the diggings to be established there.

▲ 12916.-202. 25.-19/84.

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PUBLIC RECORD OFFICE

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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