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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 consideration, 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 Proclamation made by Lord Milner under section 3 of the Act would be sufficient to insure 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 Ironour 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, which, by section 2, extends to all the dominions of His Majesty. We think, 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.

We do not

4. In the case of Griqualand West, we think there should be legislation. 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.

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

As regards Zululand, there must be legislation under section 4 of the Colonial 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.

We have, &c. (Signed)

R. B. FINLAY.

EDWARD CARSON,

170

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PRINTED AT THE FORKICH OFFICE BY J, W. KALMISON.—7/4/1904.

PUBLIC RECORD OFFICE

Reference :-

TCO 885

9PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

بھرPage 31

Printed for the use of the Colonial Office.

Miscellaneous

No. 170.

CONFIDENTIAL.

FURTHER CORRESPONDENCE

[1904]

RELATING TO THE

FORMATION OF A SCHOOL OF TROPICAL

MEDICINE IN LONDON

AND THE

T?། ། ། Ammim

PUBLIC RECORD OFFICE

APPOINTMENT OF A COMMISSION TO

INVESTIGATE MALARIA.

(In continuation of Miscellaneous No. 139: continued by Miscellaneous No. 178.)

COLONIAL OFFICE,

May, 1905.