CO885-(15-16) — Page 310

PUBLIC RECORD

OFFICE

Reference :-

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C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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

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That the province of British Bechuanaland was annexed to Cape Colony by Act 41, of 1895, and that it was presumed that the provisions of Section 2 of that Act brought the provisions of the Foreign Enlistment Act, which were as already pointed out-at that time in force in the Cape Colony, into operation within British Bechuanaland.

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That Zululand was annexed to Natal under the operation of Letters Patent of the 1st of December, 1897, and the Zululand Annexation Act. That Mr. Cox was to refer us to the Acts of the Colony collected under the title "Zululand,” in the third volume of the Consolidated Statutes of Natal, and that he was to request us to report whether, under the provisions of those Acts the Foreign Enlistment Act was in force within the province of Zululand.

That Basutoland was annexed to the Cape Colony by an Act of the Colonial Legislature, No. 12, of 1871, but that it was provided by that Act that it should not be subject to the general law of the Cape Colony.

That by Act No. 34, of 1883, which was assented to by an Order in Council, Basutoland was disannexed from the Cape Colony, and put under the direct control of the High Commissioner for South Africa, who was empowered to make laws by Proclamation. That no Proclamation bringing into force the Foreign Enlistment Act had apparently ever been passed, and that Mr. Cox was to enquire whether a Proclamation should be passed in the nature of an Ordinance bringing the Act into operation, or whether it should be proclaimed under the provisions of Section 3 of the Foreign Enlistment Act.

That Mr. Bertram Cox was to request us to take these papers into our con- sideration and report:—

1. What was the proper meaning to be assigned to the expression "Statutes of general application" in Section 26 of the Supreme Court Ordinance of Fiji, and whether, under that section, the Foreign Enlistment Act might be considered to be in force in Fiji?

2. Whether the Foreign Enlistment Act should be proclaimed in Ashanti, or whether an Ordinance should be passed declaring it to be in force within that territory?

3. Whether Ordinances should be passed in the Transvaal and Orange River Colony bringing the Foreign Enlistment Act into force, or whether the Proclama- tion made by Lord Milner under Section 3 of the Act would be sufficient to ensure its taking effect within those Colonies?

4. Whether the Foreign Enlistment Act was in force within Griqualand West, Bechuanaland, Zululand, and Basutoland, and, if not, what steps should be taken to bring it into operation within those parts of His Majesty's dominions?

5. Generally.

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

Report-

1. That in our opinion, the expression "Statutes of general application" in Section 26 of the Ordinance referred to would include the Foreign Enlistment Act We think, which, by Section 2, extends to all the dominions of His Majesty. however, that, having regard to the third section of the Act, it should be proclaimed in Fiji.

2. In Ashanti, we think that an Ordinance should be passed applying the Foreign Enlistment Act, and that after the passing of the Ordinance the Act ought to be proclaimed.

3. In the Transvaal and Orange River Colony, we think that Ordinances putting the Act in force should be passed, and that then Proclamations should be again made.

4. In the case of Griqualand West, we think there should be legislation. We do not consider that it would be safe, having regard to Section 27 of the Act of annexation, to assume that the Foreign Enlistment Act came into force when that province was annexed.

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In the case of British Bechuanaland, no legislation is necessary, as the Act is already in force there.

As regards Zululand, there must be legislation under Section 4 of the Act, No. 37, of 1897.

In the case of Basutoland, a Proclamation in the nature of an Ordinance should be passed.

5. We have nothing to add.

The Right Honourable

Alfred Lyttelton, M.P.,

&c., &c., &c.

We have, &c.,

R. B. FINLAY. EDWARD CARSON.