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

Report-

That, in our opinion, an Act of the Natal Parliament is not necessary. The words of Section 18 of Act No. 37 of 1897 appear to us to be quite unsuitable for denoting such an Act.

We think that the " provisions" pointed to by Section 18 will be satisfied by the issue of a Proclamation, with the authority of His Majesty, announcing that such grants may now be made, and specifying the conditions on which they will be made; and we advise that such a Proclamation be issued if it is thought proper now to make such grants.

The Right Honourable

Joseph Chamberlain, M.P.,

&c.. &c.

&c..

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

29234

SIR,

(No. 199.)

(SOUTH AFRICAN RAILWAYS.)

LAW OFFICERS to COLONIAL OFFICE.

[Order in Council vesting in the Governor of the Transvaal all the property of the N.Z.A.S.M. in the Colony.]

Royal Courts of Justice,

August 6, 1903. We were honoured with your commands signified to us by Sir Montagu Ommanney in his letter of the 3rd instant, stating that, with reference to our report of the 3rd September, 1902,* and subsequent reports† relating to the question of the vesting in the Governor of the Transvaal of the property of the Netherlands South African Railway, he was directed by you to transmit to us a copy of correspondence which had passed between you and Lord Milner on the question of amending the Order in Council of the 15th of September, 1902, so as to vest in the Governor of the Transvaal on behalf of his Majesty all the property of the Netherlands South African Railway within the Colony. That the Order in Council of the 15th of September, 1902, would be found as an appendix to the Parliamentary Paper, Cd. 1641, 1903. That that paper also contained at page 5 and following pages the Order in Council under the provisions of which the railways of the Transvaal are administered.

That he was to enclose the draft of an Order amending the Order in Council of the 15th of September, 1902, as desired by Lord Milner, which, should we see no objection, it was intended to submit to His Majesty in Council at an early date.

That he was to request us to take this correspondence and the draft Order into our consideration, and to report whether its provisions were fit and proper for the purpose intended.

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

Report

That, in our opinion, the provisions of the draft Order initialled by us are fit and proper for the purpose intended.

The Right Honourable

Joseph Chamberlain, M.P.,

&c.,

&c.,

&c.

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

DRAFT ORDER IN COUNCIL.

Whereas it is expedient to amend the Order of His Majesty in Council of the 15th day of September, 1902, relating to certain railways in the Transvaal and Orange River Colony:

Now, therefore, His Majesty, by and with the advice of His Privy Council, is pleased to order, and it is hereby ordered, as follows:--

1. All the property of the Netherlands South African Railway Company in the Transvaal, of whatsoever nature, and all rights and interests in and over the same, shall as and from the commencement of this order be transferred to and vested in the Governor of the Transvaal on behalf of His Majesty.

2. This order shall be read and construed as one with the Order of His Majesty in Council of the 15th September, 1902.

3. His Majesty may at any time alter, add to, or amend the provisions of this

Order.

4. This Order shall come into operation on a day to be notified by the High Commissioner by Proclamation published in the High Commissioner's Gazette.

• No. 162.

Nos. 187 and 191.

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R. B. F.

E. C.

PUBLIC RECORD OFFICE

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