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BRITISH PROCLAMATION, respecting the Administration of
the Protectorate of Witu.- July 31, 1893.
In the name of the Queen.
Be it known to all whom it may concern, that the Imperial British East Africa Company, having resigned the administration of he British Protectorate north of the Taua, with the exception of the erritories belonging to the Sultan of' Zanzibar, which the Company itill retains, it falls to Her Majesty's Government to make further trrangements for the administration of that Protectorate ;
And that they have decided during pleasure to delegate the dministration to their trusted friend, Seyyid Hamed-bin-Thwain, Sultan of Zarzibar, who has accepted this responsibility.
The Protectorate is not incorporated in His Highness' dominions, but remains independent of and distinct from them. July 31, 1893.
RENNELL RODD, Her Britannic Majesty's Acting
Agent and Consul-General at Zanzibar.
PROCLAMATION by the High Commissioner for South
Africa, respecting Claims to Land Grants and to Mineral and other Concessions in the Bechuanaland Protectorate. Cape Town, January 10, 1893.*
PROCLAMATION by his Excellency Sir Henry Brougham Loch,
Knight Grand Cross of the Most Honourable Order of the Bath, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, Governor and Commander-in-chief of Her Majesty's Colony of the Cape of Good Hope, in South Africa, and of the territories and dependencies thereof, Governor of the territory of British Bechuanaland, and Her Majesty's High Commissioner for South Africa, &c.
WHEREAS it is expedient to appoint a Commission to inquire into and report upon certain alleged land grants and mineral and other concessions claimed in the Bechuanaland Protectorate:
* " London Gazette," March 7, 1893.
Now, therefore, under, and by virtue of, the powers, authorities, and jurisdictions vested in and conferred upon me, I do bereby proclaim, declare, and make known as follows :
1. A Commission shall be constituted to be styled " The Concession Commission for the Bechuanaland Protectorate," which shall be composed of a President, two Commissioners, and a Secretary, to be appointed by the High Commissioner by Government Notice in the Government Gazette of the Colony of the Cape of Good Hope.
2. Any change in the person of the President, either Commissioner, or the Secretary, shall be notified in like manner.
3. The Commission shall have power and authority from time to time, and at one or more meetings or sittings, or adjourned meetings or sittings, to inquire into and report upon alleged land grants and mineral or other concessions claimed in respect of any part of the territories, exclusive of the Tati district, which are included under section 3 of my Proclamatiou of date the 27th day of September, 1892.*
4. The powers and authorities conferred upon the Commission by this Proclamation shall be exercised, such inquiry as aforesaid shall be pursued, and such report as aforesaid shall be made within or during such time, subject to such conditions, and in accordance with such directions and instructions, as may be defined br law ur by the terms of any commission or letter of instructious given or granted from time to time to the President by the High Commissioner.
5. All proceedings before or by the Commission shall be subject to such rules of procedure or practice as may be not inconsistent with the law of the Colony of the Cape of Good Hope, or to such rules and practice as may be laid down or decided upon by the Commission.
6. The Commission shall, by notices signed by the Secretary, and published in the Government Gazettes of the Colony of the Cape of Good Hope and of British Bechuanaland, prescribe the period within which claims must be filed with the Secretary, and also the time and place of the first meeting or sitting of the Commission for the hearing of claims, and with regard to further or adjourned meetings or sittings, such notice shall be given in manner aforesaid or otherwise as the Commission shall direct.
7. No claim not duly filed within the period aforesaid, or such further period as the Commission may allow by like notice, shall be entertained, or shall thereafter be recognized as of any validity, sare by special permission of the High Commissioner.
8. The Commission shall cause sufficient notices to be given
* Vol. LXXXIV, page 358.
from time to time to any native Chief or other person interested in the inquiry into any claim, and such notices shall be given either by personal service or by publication in one or more of the Government Gazettes aforesaid, or otherwise as the Commission may direct.
9. The claimant and, by special leave of the Commission, any native Chief or other person interested as aforesaid may at the inquiry into any claim appear personally or by counsel, attorney, or agent authorized, in writing, and may produce evidence before the Commission in connection with such inquiry, subject to such rules of procedure and practice as aforesaid.
10. The Commission may grant at the instance of a claimant or any native Chief or interested person, or may issue for the purposes of any inquiry, subpenas or summonses calling upon any person to appear and testify before the Commission concerning any claim being the subject of inquiry, and all persons shall be bound and obliged duly to conform to and obey all suminonses or orders under the hand of the Secretary acting with the authority of the Commission, whether such summons or order be issued for the purpose of calling any such person to give evidence, or for the furtherance of any other purpose within the scope of the powers and authorities conferred upon the Commission.
11. The penalty for wilful default in complying with any such sum.nops or order as aforesaid shall be by way of summary fine in any sum which the Commission may assess, or by way of summary attachment and imprisonment for contempt for any term not exceeding twelve months, or by way of both such fine and imprisonment.
12. For the purposes of the last preceding section the Commission shall be clothed with all powers conferred by the law of the Colony of the Cape of Good Hope on the Supreme Court.
13. For the purpose of proceeding to take any of the evidence in connection with any inquiry, the President or one Commissioner, with the Secretary, or his locum tenens, shall forin a quorum, with all the powers in that behalf hereby conferred.
14. The Commission shall have power to administer an oath to any witness, but may in its discretion admit affidavits or take an oral statement in lieu of evidence upon oath from any witness; but all witnesses, whether testifying on oath or not, shall be liable for false testimony to prosecution before any Court having jurisdiction, and on conviction to the punishment provided for the crime of perjury.
15. Notes of the evidence taken in connection with every claim shall be duly recorded and preserved.
God save the Queen!
Given under my hand and seal this 10th day of January, 1893.
HENRY B. LOCH, High Commissioner. By command of his Excellency the High Commissioner,
GRAHAM BOWER, Imperial Secretary.
PROCLAMATION by the High Commissioner for South
Africa, constituting a Court to inquire into and decide upon
PROCLAMATION by his Excellency Sir Henry Brougham Loch,
Knight Grand Cross of the Most Honourable Order of the Bath, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, Governor and Commander-in-chief of Her Majesty's Colony of the Cape of Good Hope in South Africa, and of the territories and dependencies thereof, Governor of the territory of British Bechuanaland, and Her Majesty's High Commissioner for South Africa, &c.
WHEREAS it is expedient to constitute and establish a Court, to be styled “The British Bechuanaland Concession Court,” to exercise jurisdiction for the purpose of inquiring into and deciding upon the validity and scope of claims founded upon grants of land or mineral or other concessions alleged to have been before the 5th day of May, 1891, acquired from native Chiefs or other persons in respect of any part of the territory over which on the said date Her Majesty's sovereignty was proclaimed by Proclamation No. 106, B.B., 1891, and which now forms portion of British Bechuanaland; and whereas, in furtherance of the object aforesaid, it is desirable to proclaim the powers, jurisdictions, and authorities, and, in general, to regulate the proceedings of the said Court:
Now, therefore, under and by virtue of the powers in me vested, I do hereby proclaim, declare, and make known as follows:
1. A Court shall be and is hereby constituted and established, tv be styled “The British Bechuanaland Concession Court," and hereinafter referred to as “the said Court," which shall be composed of a President and two Assessors, with a Secretary, each of whom shall be appointed by the Governor by Government Notice in the
* "London Gazette,” March 24, 1893.
British Bechuapaland Government Gazette, and shall hold office during the pleasure of the Governor.
2. Any change in the person of the President, either Assessor, or Secretary, shall be notified in like manner, but the functions of the Secretary may be performed by any person temporarily appointed for that purpose at any time by the said Court or the Governor.
3. The said Court shall have power, jurisdiction, and authority from time to time within such period as the Governor shall fix and determine, and at one or more sittings or adjourned sittings at Vryburg or elsewhere in British Bechuanaland, to inquire into and decide upon the validity and scope of all claims founded upon grants of land or mineral or other concessions alleged to have been before the 5th day of May, 1891, acquired from native Chiefs or other persons in respect of any part of the territory over which, on the said date, Her Majesty's sovereignty was proclaimed by Proclamation No. 106, B.B., 1891, and which now forms portion of British Bechuanaland; and the said Court shall exercise such power, jurisdiction, and authority subject to, and in accordance with, the provisions of this Proclamation, and with any directions or instructions published in manner provided in section 28 hereof, and failing such provisions, directions, and instructions, in accordance with the principles of the Roman-Dutch law as administered in British Bechuanaland.
4. The President and the two Assessors aforesaid sball, for the purposes of this Proclamation, in general, exercise the powers and functions of the Bench of three Judges composing the Supreme Court of the Colony of the Cape of Good Hope, sitting in Cape Town, provided that
(a.) The decision of a majority shall be the decision of the said Court;
(b.) The President and one Assessor shall form a quorum for the purposes of any decision; and
(e.) The Governor may for the purposes of any particular watter or matters coming before the said Court, appoint specially by Government Notice as aforesaid, any person to act either as President or as an Assessor of the said Court during the Governor's pleasure.
5. The Secretary of the said Court shall have and exercise the powers and functions which are by law, rule of Court, or practice vested in or conferred upon the Registrar of the Supreme Court aforesaid, and shall duly preserve the records of the proceedings of the said Court constituted by this Proclamation.
6. The procedure before the said Court shall be in accordance with the rules of Court and practice established and followed in the