CO885-(13-15) — Page 726

1194.

(Confidential)

K

No. 9.

(SOUTH AFRICA.)

Report by the Law Officers on the payment by British subjects to the Transvaal Government of Mining and other Rents and possible confiscation of the Properties if the Rents are not paid. (Given 18th January, 1900.)

Ir it is the intention of Her Majesty's Government not to recognise any forfeitures or transfers of property by the Boer Government since the war (which is a matter of policy), we think it highly desirable that a notice to this effect should be issued, in order to put possible purchasers on their guard, and prevent claims for compensation by such purchasers in the event of their titles being invalidated.

Any such notice, however, may lead to claims by the present owners if Her Majesty's Government conclude peace on terms which recognise these forfeitures or transfers as still existing.

It occurs to us that among the advantages of issuing such a notice would be the fact that it would tend to reduce the amount of war tax paid, and to conciliate foreign mine owners and their Governments. As regards the payment by British subjects to the Boer Government of royalties or rents of mines and other property reserved under contracts made prior to the commencement of the war, as a matter of strict law such payments would now be illegal; but as the refusal to pay the rents and royalties originally con- tracted might give the Boer Government a legal ground for taking possession of the property, we think that payments of the rents or royalties originally reserved should be permitted under license by Her Majesty's Government.

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This refers to the Gold Tax, imposed by Law No. 22 of 1899 (ace High Commissioner's Confidential Despatch, January 23, 1900, ~4642 4900), for purposes of the war.

4980-27-21900 W 139 D&S J

PUBLIC RECORD OFFICE

C.O. 885

Reference :-

15 PUBLIC RECORD OFFICE, LONDON

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

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