CO885-(13-15) — Page 588

22853.

PUBLIC RECORD OFFICE

Reference :-

iC.O.885

SIR,

No. 194.

(SOUTH AFRICA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, October 10th, 1898. -

-

We were honoured with your commands, signified Mr. Graham's letter of the 4th instant, stating, with reference to our opinion, dated the 9th August last,* upon certain questions which had arisen in regard to the power of the Resident Commissioner for the Bechuanaland Protectorate to hold a Court and try cases at Mafeking within the limits of the Cape Colony, that he was directed by you to transmit to us a copy of an Order in Council which you had caused to be drafted to carry out the recommendation. made in the 4th paragraph of our Report.

That the purport of our opinion had been communicated to the High Commissioner for South Africa, and that he had been requested to bring the subject under the notice of the Cape Ministers with a view to the passing of such an Act as was recommended in the same paragraph of our Report by the Cape Parliament at as early a date as night be possible. That it had also been suggested to the High Commissioner that it would probably be convenient that the powers to be given to the Resident Commissioner by the Cape Act should not be limited to Mafeking.

as to

That Mr. Graham was to request that we would favour you with our opinion whether the Draft Order in Council was sufficient for its purpose, or whether it should be amended in any and what particulars before it was submitted to Her Majesty.

We have taken the matter into our consideration, and, in obedience to your commands, have the honour to

Report--

THAT as altered and initialled by us the Draft Order in Council, may properly be submitted to the Queen in Council for Her Majesty's approval.

The Right Honourable Joseph Chamberlain, M.P.,

&c.,

&c.,

&c.

We have, &c.,

RICHARD E. WEBSTER. ROBERT B. FINLAY.

14 PUBLIC RECORD OFFICE, LONDON

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

DRAFT OF AN ORDER IN COUNCIL ENABLING THE RESIDENT COMMISSIONER FOR THE

BECHUANALAND PROTECTORATE TO HOLD COURTS OUTSIDE THE LIMITS PROTECTORATE.

OF THE

WHEREAS the Resident Commissioner for the Bechuanaland Protectorate has from time to time held Courts and performed judicial acts in places within the limits of the Cape Colony and outside the limits of the said Protectorate, and

Whereas it is desirable that the said Resident Commissioner should be empowered to hold, such Courts and do such judicial acts from time to time at places which are within the limits of the Cape Colony and outside the limits of the said Protectorate, and that all judicial acts done by the said Resident Commissioner at such places should have the same force and effect as if they were done within the limits of the said Protectorate.

And Whereas the Legislature of the Cape Colony by an Act passed on the day of

189 has authorised the holding of such Courts and the performance of such judicial acts by the said Resident Commissioner at such places as aforesaid, and has validated the holding of such Courts and the performance of such judicial acts there done by the said Resident Commissioner before the passing of the said Act.

And Whereas by treaty, grant, usage, sufferance, and other lawful means Her Majesty has power and jurisdiction in the said Bechuanaland Protectorate.

• No. 184.

750—25 -10 gs WT 21615 DAN *