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PUBLIC RECORD OFFICE

Reference :-

885

16 PUBLIC RECORD OFFICE, LONDON

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

SIR,

No. 15.

(BRITISH CENTral Africa Protectorate.)

LAW OFFICERS to COLONIAL OFFICE.

[Ownership of mining rights in British Central Africa Protectorate.]

Royal Courts of Justice,

August 15, 1905.

We were honoured with your commands, signified to us by Mr. Bertram Cox in his letter of the 14th July last, stating that he was directed by you to consult

us as to a question of considerable importance which has arisen in regard to the ownership of mining rights in the British Central Africa Protectorate.

That he was to lay before us for our consideration a judgment of the Court of Appeal for East Africa in the cases of Augusto Paolucci versus the Commissioner for Mines for British Central Africa and the British Central Africa Company versus the Crown Prosecutor of the British Central Africa Protectorate, with the record which was before the Court in that matter.

That he was also to transmit to us à despatch from the Commissioner of the British Central Africa Protectorate covering a letter from the Judge of the Inferior Court criticising the judgment, and a further despatch with a copy of a letter from the Crown Prosecutor of the Protectorate explaining why, in his opinion, an appeal to the Judicial Committee of the Privy Council in this case was advisable.

That we would observe that the Appeal in question was from a judgment of the High Court of the British Central Africa Protectorate in a case brought by Augusto Paolucci against the 'Commissioner of Mines, and in certain cases subsequently brought by the Crown Prosecutor at the instance of the Commissioner of Mines against certain holders of land in the Protectorate to test the question whether the grants under which such persons or their predecessors in title held their lands carried also the right to mines and minerals in and under the lands.

That the facts, which appeared to be material to the consideration of the matter, were as follows:

Sir H. (then Mr.) Johnston, in the early part of 1889, was commissioned by the Secretary of State for Foreign Affairs to conclude treaties with the various chiefs in that part of Central Africa which has now become the British Central Africa Pro- Lectorate. He was furnished for this purpose with the form, of which a copy was enclosed, and he made a Treaty in this form with certain Makololo chiefs on 14th August, 1889, and with seven Yao chiefs, the principal of whom was Kapeni, on the 24th of August, 1889.

There was a declaration of a Protectorate (apparently of an informal character) by Her Majesty's Acting-Consul for Nyassa over the country in which the above- mentioned chiefs were included, dated 21st September, 1889.

Meanwhile certain of the chiefs concerned sold or granted portions of their lands to individuals and (inter alios) sold to one Sharrer, on or about the 23rd August, 1889, or the 29th March, 1890, and to one Steblecki, on or about 5th May, 1891, for a consideration which may or may not have been adequate, the lands in respect of "full and which the question has arisen. That it would be observed that they gave absolute possession for all time coming." That in the case of the conveyance from Makata to Sharrer, "mining rights" are specially mentioned as being granted by the chief, and in the case of that from Kapeni to Steblecki, “minerals mentioned.

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were

That Her late Majesty's Government on the 14th of May, 1891, proclaimed a Protectorate over the area covered by the Treaties concluded with Mr. Johnston.

That on the 16th July, 1891, Sir H. Johnston turned to the country with full powers to enquire into and settle all lands claims which had arisen within the Protectorate.

That by a Treaty with Her late Majesty's Government, dated 21st December, 1891, the chiefs of the Blantyre District, within the area of the Protectorate so

(17921-2) Wt. 15-45. 23. 5/18. D & 8. G. 1.