CO885-(13-15) — Page 626

PUBLIC RECORD OFFICE

C.O.

Reference :-

.885

14 PUBLIC RECORD OFFICE, LONDON

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

2

The ordinary rule, no doubt, is that diplomatic representations are not made on behalf of a private individual who has sustained a wrong in another country until all recourse to the tribunals of that country has been exhausted, but it is obvious that it would be quite idle for Mrs. Edgar to take proceedings against Jones. Even if it were possible to obtain a verdict against him, he would be unable to satisfy it.

We therefore think that a demand for compensation may be properly put forward on behalf of Mrs. Edgar and her child.

2. A claim should be supported on the grounds indicated in our answer to question 1. It should be pointed out that the acquittal of Jones on the charge of homicide is for this purpose irrelevant; Mrs. Edgar was no party to the criminal proceedings, and the result in no way estops her from alleging that her husband was killed without justification, and that she is therefore entitled to compensation. As the wrong-doer is an officer of the South African Republic, the damages may be properly claimed from the Government of

that State.

3. If it is decided to take up the case, Mrs. Edgar should be so informed.

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

&c.,

&c.

&c.,

We have, &c.,

RICHARD E. WEBSTER. ROBERT B. FINLAY.

14103.

SIR,

No. 213.

SOUTH AFRICA.

LAW OFFICERS to COLONIAL OFFICE.

+

Royal Courts of Justice,

June 2, 1899.

We were honoured with your commands signified in Mr. H. Bertram Cox's letter of the 18th ultimo, stating that he was directed by you to transmit to us a copy of a despatch from the High Commissioner for South Africa, dated 18th April 1899, with regard to (a) the power of the Administrator of Southern Rhodesia to appoint Marriage Officers, and (b) the validation of certain marriages illegally solemnized in Southern Rhodesia by Assistant Magistrates and Acting Assistant Magistrates.

That Mr. Cox was also to transmit a copy of the despatch of 11th October, 1895 (mentioned in Sir Alfred Milner's despatch), together with a copy of the Order in Council of 3rd October, 1895, contained therein; a copy of the Order in Council of 7th September, 1838, and of the Cape Acts, No. 16, of 1860, and No. 9, of 1882, which are the Marriage Laws of the Cape Colony in force in Southern Rhodesia, and of the Cape Act, No. 16, of 1882; copies of the Order in Council of 9th May, 1891, defining the powers and jurisdiction of the High Commissioner for South Africa; the Proclamation of 10th June, 1891; the Matabeleland Order in Council, 1894 ; the Administrator Empowering Regulation, 1895, and the Southern Rhodesia Order in Council, 1898.

power

That it would be observed that, with regard to the first question, viz., the the Administrator of Southern Rhodesia to appoint Marriage Officers, both Sir Thomas of Scanlen and Mr. Searle had advised that such appointments could be made by the Administrator; and that with regard to the second question, viz., the validation of the marriages illegally solemnized by Assistant and Acting Assistant Magistrates, while they concurred in considering such validation necessary, they differed as to the best means of effecting that object; Sir Thomas Seanlen suggesting that the marriages should be legalized by a Proclamation of the High Commissioner, and Mr. Searle declaring his preference for an Imperial Order in Council on the ground that that procedure had been adopted on previous occasions.

That as then advised you considered that the precedent of the Order in Council of 3rd October, 1895, should be followed, and that you had caused a draft Order in Council to be prepared which was enclosed for our observations, Majesty's power and jurisdiction in Southern- Rhodesia followed the wording of the That the recital of Her recent Order in Council for the naturalization of aliens in those territories as settled by us in our Report of 8th December last,* and that in other respects the draft was made of Sections 1, 2, and 4 of the draft Proclamation, contained in enclosure 2 to Sir Alfred Milner's despatch, with certain alterations taken from the Order in Council of 3rd October, 1895.

That our opinion was desired on the following points :-

up

(1.) Whether the Administrator of Southern Rhodesia had power to appoint Marriage Officers ?

(2.) Whether the marriages illegally solemnized in Southern Rhodesia by Assistant and Acting Assistant Magistrates should be validated by an Imperial Order in Counci! or by a Proclamation of the High Commissioner; and, if by the former, whether the enclosed draft Order in Council was sufficient for its purpose or required any, and what, amendments ?

(3.) Whether the power of solemnizing marriages in the future should be conferred upon Assistant and Acting Assistant Magistrates by a Proclamation of the High Commissioner ?

• No. 2011.

2986-23-699 Wt 139 D & S 5