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causes loss, inconvenience or delay to the public with regard to the manipulation of passenger or goods traffic?

(3) Whether, assuming that there is in fact such diminution (of whatever extent) of the efficiency of the pier, that diminution is sufficient in law to entitle the Government to take action under Clause 31 or in 1908 under Clause 10 of the Agreement?

(4) What course should be adopted by the Government at the present time ? (5) Generally.

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

have the honour to

Report

A

That (1, 2, and 3) We answer these questions in the negative.

(4) It does not appear to be possible for the Government to take any steps under the Agreement to compel the Railway Company to carry out the necessary dredging.

(5) The matter is one to be settled by arrangement.

The Right Honourable Alfred Lyttleton, M.P.,

&c.

&C.,

&C.,

We have, &c.,

Ř. B. FINLAY.

EDWARD CARSON,

No. 231.

(TRANSVAAL.)

LAW OFFICERS TO COLONIAL OFFICE,

[Nationality of the Children of Mr. Van Diggelen.]

Royal Courts of Justice, SIR,

15th August, 1904. WE were honoured with your commands signified in Mr. F. Graham's letter of the 29th July last stating that he was directed by you to transmit to us a letter received by your Department from the Home Office (with its enclosure) relating to a request made on behalf of a Mr. Van Diggelen that his children might be considered British subjects.

That it was presumed that on the annexation of the Transvaal Mr. Van Diggelen, who was a burgher of the late South African Republic, became a British subject, and that Mr. Graham was to refer us in that connection to our Report of the 17th May, 1900.*

That Mr. Van Diggelen's children, however, were apparently not with their father at the time of the annexation of the Transvaal and were not then inhabitants cf the conquered country, and that Mr. Graham was, therefore, to request us to take the matter into our consideration and to report :-Whether the children of Mr. Van Diggelen were to be considered as British subjects.

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

Report-

That if, as is stated in Messrs. Waterlow's letter of the 12th July, 1904, the children of Mr. Van Diggelen became burghers of the South African Republic, we are of opinion that, under the circumstances stated, they are now British subjects.

The Right Honourable Alfred Lyttelton, M.P.,

&c.

&c.

&c.

23 Wt 416 8/04 D & S

5

19054

We have, &c.,

R. B. FINLAY.

EDWARD CARSON.

• No. 36A.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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