CO885-(13-15) — Page 593

23325.

LONDON:

PEINTED FOR HER MAJESTY'S STATIONERY OFFICE

BY DARLING & SON, LTD., 1-3, GREAT ST. THOMAS APOSTLE, E.C.

1898.

SIR,

No. 197.

(SOUTH AFRICA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, 17th October, 1898.

WE were honoured with your commands, signified to us in Mr. Wingfield's letter of the 5th instant, stating that, with reference to the 3rd paragraph of the letter addressed to us from the Colonial Office on the 30th ultimo requesting our views on the draft of a Supplemental Charter to the British South Africa Company, he was directed by you to forward for our consideration the draft of an Order in Council prepared in the Colonial Office for the purpose of carrying into effect changes in the administration of Southern Rhodesia, in accordance with the proposals contained in the enclosure to your despatch of 13th January, 1898, printed at pages 1-4 of the Parliamentary Paper C.8732, a copy of which was sent to us in the letter already referred to.

That the draft Order in Council was the outcome of protracted consultation between the Colonial Office, the High Commissioner for South Africa, and the British South Africa Company, and contained certain provisions which were not contemplated at the date of the correspondence embodied in the Parliamentary Paper, some of which had been suggested by the High Commissioner and some by the Board of Directors of the British South Africa Company.

That the draft was originally founded on the Matabeleland Order in Council, 1894 (a copy of which was enclosed in Mr. Wingfield's letter), and embodied all the provisions of that Order which were considered still to be applicable. That that Order would be revoked by the Southern Rhodesia Order.

That it would further be observed that the greater portion of Part IV. of the Matabeleland Order, dealing with the Land Commission (whose functions were now at an end), was omitted from the draft Order and replaced by Part V., containing provisions for native administration.

That a prominent feature in the new Order was the establishment by Articles 60-68 of an appeal in certain criminal matters from the Supreme Court of Southern Rhodesia to the High Court of the Cape Colony,

That Mr. Wingfield was to request that we would take these papers into our consideration, in conjunction with those already forwarded in the letter dealing with the draft Supplemental Charter, and favour you with our opinion as to whether the draft Order in Council was sufficient for its purpose, or required amendment in any, and, if so, in what, particulars.

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

Report-

THAT we approve the draft Order in Council as initialed by us,* and, in our opinion, the same may properly be submitted to Her Majesty in Council.

The Right Hon. J. Chamberlain, M.P.,

&c.,

&c.,

&c.

We have, &c.,

RICHARD E. WEBSTER. ROBERT B. FINLAY.

I

• NOTE. The draft approved by the Law Officers was identical with the Order as finally passed on 20th October, 1898.

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