CO885-(13-15) — Page 569

חונורג

Reference :-

TILLC.O.885

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14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

(6.) If so, at what stage of the proceedings such a person is entitled to take the oath of allegiance?

(7.) Generally.

We have taken these papers into our consideration, and, in obedience to your com. mands, have the honour to

Report-

(1.) That the children of Mr. Strange are, by Section 10 (3) of the Naturalization Act, 1870, subjects of the South African Republic if, according to the laws of that Republic, they have become naturalized therein as would appear to be the case.

17997.

SIR,

But the

(2.) This is a question of great difficulty which has never been decided. better opinion would appear to be that a Certificate of Naturalization does not make even subsequent children of the person so naturalized, if they are born abroad, British subjects unless they reside here, during infancy, with the parent. We do not desire to express any final opinion on this point, which may become one of great importance, but do not advise the registration of Mr. Pollak's children as British subjects.

(3.) Yes. We assume that by the law of the Transvaal he became a subject. (4.) No. The oath of allegiance can be taken only after complying with the other conditions necessary to become a British subject.

(5.) No.

(6.) After receiving the Certificate, or complying with the conditions of re-admission to British nationality.

(7.) We have nothing further to add.

We have, &c.

The Right Honourable Joseph Chamberlain, M.P.,

&c.,

&c.,

&c.

RICHARD E. WEBSTER. ROBERT B. FINLAY.

No. 184.

(SOUTH AFRICA.)

LAW OFFICERS TO COLONIAL OFFICE.

Royal Courts of Justice,

August 9, 1898. WE were favoured with your commands signified in Mr. Bertram Cox's letter of the 29th ultimo, stating that he was directed by you to request that we would favour you with our opinion on certain questions which had arisen with respect to the power of the Resident Commissioner for the Bechuanaland Protectorate to hold a Court and try cases at Mafeking, which was within the limits of the Cape Colony.

That under the provisions of Section 2 of an Order in Council, dated the 9th of May, 1891, and made under the provisions of the Foreign Jurisdiction Act, 1890, the High Commissioner for South Africa was authorized to exercise all powers of jurisdiction on behalf of the Queen within the limits of that Order as defined by Section 1, and by Section 3 of the same Order he was empowered to appoint Resident Commissioners with such authorities as he might assign to them, and to define from time to time the districts within which those officers should discharge their functions. That by Section 4 the High Commissioner was empowered to provide by Proclamation for the administration of justice, and generally for the peace, order, and good government of all persons within the limits of the Order.

That in pursuance of the powers conferred upon him by the Order in Council of the 9th May, 1891, the High Commissioner issued a Proclamation, dated the 10th June, 1891, which applied to the whole of the territories comprised within the limits defined by the Order in Council of 9th May, 1891, by Section 1 of which the Resident Commissioners were established, each of whom, under the provisions of Section 3 of the Proclamation, was authorised to hold a Court at such places within the territory assigned to him as he might from time to time appoint.

+

That by a Proclamation dated the 27th June, 1891, a district was assigned to a Resident Commissioner for Bechuanaland, and by a Proclamation dated the 27th of September, 1892, the title was changed to Resident Commissioner for the Bechuanaland Protectorate, and the territories and districts within which his jurisdiction and authorities were to be exercised were defined.

That Mafeking was within the limits of what was, at the date of the Order in Council of the 9th May, 1891, the Colony of British Bechuanaland, which had now been annexed to, and formed part of, the Cape Colony.

That it had been deemed desirable, for reasons which were explained in the dispatch of Sir Alfred Milner, dated July 6th, 1898, which, with its enclosures, was transmitted with Mr. Cox's letter, that the Resident Commissioner for the Bechuanaland Protectorate should hold Courts at Mafeking, and that this had been done; but, doubts having been expressed whether this was legally possible, a Proclamation was issued by the High Commissioner, dated the 27th June, 1898, which provided that the Resident Commissioner might, with the consent of the High Commissioner, appoint a place or places outside the limits of the Bechuanaland Protectorate, and that all judicial acts done by the Resident Commissioner at such place or places, should have the same force as if they had been done within the limits of the Protectorate. That the Proclamation also validated all judicial acts done by the Resident Commissioner outside those limits previously to the Proclamation.

Mr. Cox was to request that we would take the above matters into consideration and advise you,

1. Whether the issue of the Proclamation of the 27th June, 1898, was within the powers of the High Commissioner.

2. Whether the Proclamation was sufficient for the purpose with which it was issued.

•

3. Whether it is competent for the Resident Commissioner to hold a Court at Mafcking and there try cases which have arisen within the Bechuanaland Protectorate.

417-25-8/99 Wt 21618 D & S i

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No. 184.

(SOUTH AFRICA.)

OFFICERS TO COLONIAL OFFICE.

Royal Courts of Justice,

August 9, 1898.

h your commands signified in Mr. Bertram Cox's letter of t he was directed by you to request that we would favour tain questions which had arisen with respect to the power er for the Bechuanaland Protectorate to hold a Court and

was within the limits of the Cape Colony.

ns. of Section 2 of an Order in Council, dated the 9th of the provisions of the Foreign Jurisdiction Act, 1890, the h Africa was authorized to exercise all powers of jurisdiction

n the limits of that Order as defined by Section 1, and by he was empowered to appoint Resident Commissioners with assign to them, and to define from time to time the districts

should discharge their functions. That by Section 4 the owered to provide by Proclamation for the administration r the peace, order, and good government of all persons

г.

he powers conferred upon him by the Order in Council of Commissioner issued a Proclamation, dated the 10th June, hole of the territories comprised within the limits defined of 9th May, 1891, by Section 1 of which the Resident ed, each of whom, under the provisions of Section 3 of the to hold a Court at such places within the territory assigned to time appoint.

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dated the 27th June, 1891, a district was assigned to a Bechuanaland, and by a Proclamation dated the 27th of changed to Resident Commissioner for the Bechuanaland

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es and districts within which his jurisdiction and authorities

ned.

hin the limits of what was, at the date of the Order in the Colony of British Bechuanaland, which had now been f, the Cape Colony.

2

desirable, for reasons which were explained in the dispatch July 6th, 1898, which, with its enclosures, was transmitted Resident Commissioner for the Bechuanaland Protectorate ing, and that this had been done: but, doubts having been legally possible, a Proclamation was issued by the High June, 1898, which provided that the Resident Commissioner e High Commissioner, appoint a place or places outside the rotectorate, and that all judicial acts done by the Resident or places, should have the same force as if they had been e Protectorate. That the Proclamation also validated all dent Commissioner outside those limits previously to the that we would take the above matters into consideration

he Proclamation of the 27th June, 1898, was within the

ner.

ation was sufficient for the purpose with which it was tent for the Resident Commissioner to hold a Court at

hich have arisen within the Bechuanaland Protectorate.

"ן

PUBLIC RECORD OFFICE

Reference :-

PC.O. 885

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14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO