9 7 9 7 THE ANSVAAL BY JOHN DE VILLIERS WITH A MAP Loodon : CHATTO & WINDUS, Piccadilly PRICE ONE SHILLINQ THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES THE TRANSVAAL 15-5 SOUTH AFRICAN ROMANCES. THE GUN-RUNNER : a Romance of Zululand. By Bertram Mit- FORu. With a frontispiece by Stanley L. Wood. Crown 8vo. cloth, y. dd. 'Mr. Mitfortl has earned a reputation for stories of South African life vhich should be well sustained by " The Gun-Runner" : a romance of the Zulu War in its earlier stages, embracing the massacre at Isandhlwana and the defence of Rorke's Drift. . . . '1 he author displays throughout an intimate acquaintance with the persons and scenery described.' — Academy. THE LUCK OF GERARD RIDfJRLEY: a Tale of the Zulu Border. By Bertram Miti ord. With a Frontispiece by Stanley L. Wood. Crown 8vo. cloth, 3^. dd. ' Mr. Mitford knows the Zulu well ; he paints him here in a tone-picture vhich is very praiseworthy. . . . The description of " The Tooth," a new Tarpeian rock ... is almost worthy of Mr. Rider Haggard. For a moment the book has the fascination of " King Solomon's Mines." ' Daily Chronicle. THE KING'S ASSEGAI: a Matabili Story. By Bertram Mitford. With 6 full-page Illustrations by Stanley L. Wood. Crown 8vo. cloth, 3J-. i>d. ' "The King's Assegai" is an admirable example of the tale in which the courage, cruelty, and superstitions of a savage race replace the tamer features of the ordinary novel. . . . No lover of stories of this order should leave " The King's Assegai " unread.' — Speaker. RENSHAW FANNING'S QUEST: a Tale of the High Veldt. By Bertram Mitfoud. With a Frontispiece by Stanley L. Wood Crown 8vo. cloth, 3^. 6d. ' Mr. Mitford has added another to his moving romances of South Africa which will certainly find not less favour than any of its predecessors. . . . One does not often come upon anything in fiction more thrilling than the scenes in the " Valley of the Eye." ' — Glasgow Herald. THE LOST HEIRESS. By Ernest Glanville. Crown Syo. cloth, with 2 Illustrations by Hume Nisbet. 3^. 6d. ; post 8vo. illustrated boards, 2S. ' There is plenty of solid writing in Mr. Glanville's Zulu story. The local knowledge displayed is considerable, and there is enough " love, battle, and adventure " to furnish forth many a less conscientious caterer to youthful curiosity.' — Athen.eum. THE FOSSICKER : a Romance of Mashonaland. By Ernest Glan- ville. Crown 8vo, cloth, with 2 Illustrations by Hu.me Nisbet. 3^. 6d. ; post 8vo. illustrated boards, 2s. ' The encounter with the " trek Boers " is one of the most powerful and lifelike pieces of description we have ever met with. Mr. Glanvdle's style is admirably adapted to the action of his story, for it is nervous, vigorous, pictilresque, and never redundant.'— Spectator. A F.\IR COLONIST. By Ernest Glanville. Crown 8vo. cloth, with Frontispiece by Stanley L. Wood. 3^. 6d. ; post 8vo. illus- trated boards, 2S. 'Mr. Glanville's latest story is as exciting as anything of Rider Hag- gard's. His weird witch-man is a genuine creation. Indeed, the witcn- man and African birds and beasts are so interestingly delineated that the reader, like Oliver Twist, "asks for more." ' — Idler. THE GOLDEN ROCK. By Ernest Glanville. With Frontispiece by Stanley Wood. Crown 8vo. cloth, 3^-. 6d. ' For variety and sensationalism in adventure it wr uld be hard to I eat ■this story. . . . No story, indeed, could well be cleverer or more exciting.' Ac.\di:mv. Lo'i^oT : CHATTO & WINDUS, ricc.dH'y. THE TRANSVAAL BY JOHN 1 DE VILLIERS WITH A MAP LONDON CHATTO & WINDUS, PICCADILLY 1896 PRINTED nV SrOTTISWOODE AND CO., NliW-STREET SQUARE LONDON' PREFACE This is merely an attempt to give the public a glimpse of the country upon which the eyes of the world arc now fixed, and to sketch briefly — as briefl}' as is com- patible with legal matters — those laws to which President Krliger so significantly drew Sir Hercules Robinson's attention when, on January 2, he assured him that the British residents \\ould be protected, ' pro\-ided thc\- in no way break the laws of the country.' It may be said, in parenthesis, that the Boers are somewhat fond of litigation, and that when I say ' those laws,' I refer, of course, more especially to the laws having some bearing upon the present state of affairs. I trust that the fact of the sketch having been produced in a few hours to meet a sudden demand may be some apology for its lack of literary grace. Where I have been unable to trust my own memory, I am indebted to the ' Official Handbook of the Cape,' Jeppe's ' Transvaal Almanac,' S. W. Silver & Co.'s ' Handbook to South Africa,' the ' Argus 1304079 vi PREFACE Annual,' Ilcrtslct'.s ' Commercial Treaties,' the ' States- man's Year-Book,' the ' Natal Directory,' and especi- al! \- to Jeppc and Kotze's ' Locale W'ctten der Zuid Afrikaansche Republiek,' to all of which I beg to refer those readers who desire more information. ]\I}' thanks arc also due to Mr. Montagu White, the Consul-General for the South African Republic, for his extreme courtesy in placing at my disposal his valuable collection of laws. CONTENTS I'AC.E rKErACE V How THE TrAN'SVAAI. WAS l'OK.Mi:|) .... I How THE Present TRorni.Es IJec.ax 5 Size of the Country 6 IJOrNDARIES 6 Rivers 7 Mountains 8 Climate 9 Sou. AND Produce 10 Mines 12 Porui.ATioN 13 Education 13 Political Divisions 15 Legislature 15 The Executive or 'Uitvoerende Raad ". ... 17 District Government iS Defence iS Vlll CONTENTS Tkansvaai. Law (Generai.) l.AWs ox Treason Laws Relating to Aliens How TO Naturalise and Obtain the Franchise The Conventions or iSSi and 1SS4 Pretoria Convention of iSSi .... London Convention of 1SS4 . . . . Import Duties Regulations for Officials . . . . Railway Tariff i'ortuguese customs tariff Rritish South Africa Company's Charter Latest Law on High Treason 20 21 23 25 27 28 32 40 58 67 68 69 87 THE TRANSVx'lAL How the Transvaal was Formed The Cape of Good Hope is one of the earliest colo- nies in the true sense of the word. As a rule, the bands of adventurous Europeans who began to scour the globe in search of fortune at the end of the six- teenth and the beginning of the seventeenth centuries had no intentions of settling, and were glad to get back to their own country as soon as possible. But in the Cape, as early as 1652, some hundred Dutch families came to stay, devoting themselves to cattle- farming and agriculture. A few years later, in 16S5, bands of Huguenot refugees, driven from France by the revocation of the Edict of Nantes, sought a home in Holland, but were sent, often against 'their will, to the Cape. They strengthened the little band of immigrants already settled there, and with whom they soon became in- corporated, owing to the injunctions laid upon them never to preach in French nor to teach that language to their children. Of the actual Boer population of South Africa, a third is supposed to be directly descended from the E 2 THE TRANSVAAL old Huguenots. Their origin is traceable not only in their features, some of which recall those of the natives of the South of T' ranee, but in the thoroughly French names of Joubert, de Villiers, Duplessis, Dutoit, Marais, Marc, Xaudc, Thcron, Cellicrs, Malhcrbc, Taillard, and a number of others. Great Britain seized the Cape in 1795, abandoned it in 1802, but again took possession — this time for good — in 1 8 14. This change of rule was not hailed with unalloyed satisfaction. The Boer population — the name Boer (meaning a peasant or farmer) applies more especially to the descendants of the first settlers, whilst by Afrikaanders is meant the descendants of all other Europeans born in Africa — the Boer population showed great hostility to the British from the outset, and in 181 5 a large number of these sturdy and for- midable rebels met with their death not only on the field of battle, but also on the scaffold at Slag- tersnek. This and the forced manumission of their slaves without adequate compensation are two matters which have ever since rankled in the Boer breast, and were the principal reasons that led to their exodus from Cape Colony in 1834 and 1836. Some of them trekked across the Orange and Vaal rivers, whilst large numbers went to Natal, where, after defeating Dingaan, an important native chief, they founded a Republic. They were not left in undisturbed posses- sion long, for the Republican territory was annexed by Great Britain on March 1 2, 1 843. HOW THE TRANSVAAL WAS FORMED 3 The Boers once more trekked, this time to rejoin their old comrades who had settled north of the Orange River, and, rapidly spreading, rounded first the Orange Free State— seized by the English in 1848 and abandoned in 1854 — and then the SOUTH African or Transvaal Republic. The absolute independence of the latter State was recognised by the Convention of Zand Rivier, signed on January 17, 1852, by the representative of the British Govern- ment and the Boer delegates. The new era ushered in by the proclamation of independence was not one of undisturbed tranquillity or prosperity. There was frequent bloodshed caused by risings of the natives, raids of neighbouring tribes, and internal dissension. The latter even rose to such a pitch as to give birth to two fresh republics — those of Lydenburg and Utrecht, which, however, returned to the common fold in i860. It will thus be seen that the stolid but stout- hearted Boer has not been sparing of his blood in defending the soil to which he lays claim. Unfortu- nately for him, the incessant struggles have proved not only a serious obstacle to the development of his country, but a constant cause of growing weakness. In 1876 things had come to such a pass that the Republic, after having triumphantly repulsed all former attacks, found itself powerless to hold out against Sekukuni, the chief of the Bapedi. England, fearing that this might inspire the natives with inordinate confidence in their own power, and bring about a general rising of the Kaffirs B 2 4 THE TRANSVAAL throughout South Africa, thought it incumbent upon her to interfere. She was somewhat strengthened in this resolve by the reports — happily found to be untrue — that the Boers were still allowing slavery to go on in their State. On April 12, 1877, the Trans- vaal territory was quietly annexed by Great Britain without a blow having been struck. The English dominion was not of long duration, for the Boer patriotism, though momentarily crushed, soon reasserted itself The internal dissensions that had divided the nation were laid aside, the standard of independence was again hoisted, and, after a three months' struggle and the disasters to the British arms at Laing's Neck and, Majuba Hill, the country was given up to the Boers by the Pretoria Conven- tion of 1 88 1. For a few years after their struggle for freedom the Boers had a hard time ; their commerce was destroyed, their land diminished in value, and their populace discouraged. But suddenly came the discovery of the Lydenburg and De Kaap gold mines and the rush to Witwatersrand. In a moment the whole situation was changed. Men and capital flowed into the country, commerce rose by leaps and bounds, and new towns sprang up and grew with surprising rapidity, whilst each year's budget showed an in- creasing surplus. HOW THE PRESENT TROUBLES BEGAN 5 How the Present Troubles Began The accession to the population of the State of so large a number of persons of alien birth and race, and the important part they took in developing the resources of the country, the heavy contributions levied upon them towards the general revenue, and the pressure put upon the Government in various ways to concede to them some share in the govern- ment of the country, induced President Krliger to give consideration to the best means of making some political concessions to them. The first announce- ment of the form such a concession would take was made by Sir Donald Currie, at a banquet given in his honour at Johannesburg, during his visit to that place at the latter end of 1887. This announce- ment was made on the authority of the President. It foreshadowed the provisions of the Bill passed during the 1890 session of the Volksraad, by which a second chamber was erected, in which the new- comers were to have a voice upon such subjects as most closely concerned the mining industry. A residence of two years, naturalisation, and the taking of an oath of allegiance were made the con- ditions of admission to the franchise, while a residence of five years and membership of some Protestant Church was made the qualification for candidature for the newly erected chamber. As, however, natu- ralisation was contingent upon payment of a fee of 5/., in addition to the taking of what some considered 6 THE TRANSVAAL an objectionable form of oath of allegiance, very few even of those qualified by residence to enrolment as voters cared to cast off their allc[,nance to their fatherland, and the consequence is that the second chamber is as yet representative of the new-comers in name only. Before entering into more elaborate details of the constitution and the laws relating to aliens, it will be well to glance briefly at the physical aspect of the country, in order to gain some idea of the magnitude of its resources and the future that is in store for it. Size of the Country The South African Republic — which, for the sake of brevity, 1 shall call by its more expressive title of the Transvaal — comprises, in round figures, an area of 120,000 English square miles. Compared with the other South African States, the Transvaal is found to be half the size of the Cape Colony, nearly three times the size of Natal, and nearly three times the size of its sister republic, the Orange Free State. Compared with our own country it is somewhat larger than Great Britain and Ireland put together. Boundaries The southern boundary of the Transvaal is about 698 miles from Cape Town, 536 miles from Port Elizabeth, and 220 miles from Port Natal, while its eastern boundary is only about 40 miles from Delagoa Bay. It stretches upwards for more than RIVERS 7 400 miles to the banks of the Limpopo River, a river which is below the 22nd degree of southern latitude, and about 300 miles south of the Zambesi, From cast to west the distance is about 400 miles ; and between the extreme southern and eastern points reaches 700 miles, between the 25th and 32nd degrees of eastern longitude. It will be sufficient for general purposes to say that it is bounded on the north by Matabeleland, on the west by Bechuanaland (a small portion of which is now a British Crown Colony), on the south by the Orange Free State and Natal, and on the east by Zululand and Mozambique. The precise boundaries were determined by the London Convention of 1884 and amended by the Supplementary Convention of 1888. On account of their immense importance at the present juncture, the first of these documents and the Pretoria Convention of 1881 will be given i7i extenso in the course of this sketch. Rivers The two principal rivers which embrace the territory of the Transvaal south and north are the Vaal and the Limpopo or Crocodile. The former rises in the high plateau west of New Scotland. This plateau, called Hooge Veldt, extends through the whole breadth of the Transvaal, and forms the watershed between the rivers flowing south to the Vaal and north to the Limpopo. The Drakcnsberg forms the 8 Till': TRANSVAAL watershed of all tlic rivers running towards the sea- coast from the Natal boundary to the Olifant's River north of Lydenburg. After receiving all the Trans- vaal rivers from the north, and the Free State rivers on its southern bank, the Vaal River joins the Orange River a little to the north of Hope Town, and, com- bined in one large river, called the Orange or Ki- Garicp, they empty themselves into Alexander Bay on the western shore of South Africa, a distance of more than i,ooo miles, in the course of which these two rivers drain a basin of 325,000 square miles. The Limpopo also takes its rise on the high table- land in the centre of the Transvaal territory, flows northward through the Magaliesberg, and after re- ceiving a large number of tributaries, embogues on the eastern coast of South Africa in latitude 25° 12' S. and longitude 33° 30' E. Of all these rivers, none are navigable for any considerable length. Mountains Three mountain ranges extend through the country fromi west to east, besides the elevated plateau already mentioned as forming the watershed between the southern and northern river systems. The first is the Magaliesberg, between Rustenburg and Pretoria ; the second range consists of the Dwarsberg, Witfon- teinberg, Marikele Mountains, Hanglip or Waterberg, Makapan's Range, Zebedclie's or Strydpoort Range, and Maschimalaberg ; while the third range is formed CLIMATE 9 by the Blaauwberg and Zoutpansberg, which latter extends to the Limpopo in three distinct mountain ranges. The highest altitude is 7,600 feet. Climate The cHmate of the Transvaal is magnificent. The seasons are divided as follows : — Spring September, October, and November. Summer December, January, and February. Autumn : March April, and May. Winter : June, July, and August. The transitions, however, are more abrupt than in Europe ; properly speaking, there are- only two sea- sons — summer and winter — the former warm and rainy, the latter dry and cold. The first rains fall in October, sometimes in November, and continue on and off until the end of February. In March and April there are a few showers called ploegregens (plough-rains), but by the end of May the dry season has set in, sometimes never broken by a single shower until the end of September. The heat in summer, though very great, is never oppressive, on account of the altitude of the country The air is always very clear, and the mornings and evenings most enjoyable. In winter the lakes are sometimes covered in the morning with a thin sheet of ice, but this invariably disappears about 9 or 10 o'clock. lo THE TRANSVAAL Soil and Produce The surface soil of the Transvaal is covered with a rich sward of particularly good quality, affording ample and good pasture for horses, sheep, and cattle. In the southern districts and on the high veldt the habit exists of burning the grass during the winter season, in order to improve the pasturage. This custom is most injurious to the growth of trees and shrubs, and practical farmers have abandoned the pernicious practice. This is one of the reasons why trees are very scarce in the southern parts of the country, and why nothing but small patches of bush, consisting of the different acacia species, the common mimosa thorn, are met with in these parts. But more to the north — in fact from the twenty-sixth latitude northward — vegetation becomes more luxu- riant. In the so-called Bush Veldt, the grass re- mains green throughout the whole year, while trees and shrubs grow thicker and higher. There are some extensive forests or bushes within the limits of the Transvaal, where large quantities of timber are disposed of for building and wagon purposes. The most important of these are the Pongolo Bush in the district of Utrecht, and the Woodbush in the dis- trict of Zoutpansberg. The principal trees in these forests are two or three different species of yellow- wood {podocarptis)^ the Bockenhout, or Cape beech {Myrsitie), several species of stinkwood {preodaphne), and four or five species of the wild pear iolinid). Iron- SOIL AND PRODUCE ii wood {pled) and ebony and mahogany arc found in the district of Zoutpansberg of considerable height and dimensions. The yellow-wood often grows to an enormous size. We are told of one specimen in the Pongolo Bush giving thirteen loads of timber, or 104,000 superficial feet. The Transvaal ought to be the granary of South- Eastern Africa, for no country in the world has finer soil, or offers greater facilities for the growth of all cereals. But the farming population is too small, and the quantity of cereals and farm produce brought to the market is far below the demand, particularly since the influx of a large digging population to the Kaap and Witwatersrand gold-fields. For this reason, although the country produces the finest wheat in the world, considerable quantities of breadstuffs (particu- larly American and Australian flour) are imported. There can be no question that the Transvaal is sadly in want of producers, and that immigration of the farming classes should be encouraged. The majority of Boers grow just as much as they require for their own consumption. In the southern districts, such as Bloemhoff, Potschefstroom, part of Pretoria, Heidel- berg, New Scotland, Middelburg, Wakkerstroom, and Utrecht, attention is principally paid to sheep-farming and the breeding of cattle and horses, whilst the other districts in the centre and north of the Transvaal, such as Marico, Rustenburg, a great portion of Pre- toria, Lydenburg, Waterburg, and Zoutpansberg arc eminently suited for the growth of cereals, of which two crops arc obtained within the year, the culture of 12 THE TRANSVAAL tobacco, vines, fruits, and vegetables, and in some parts the cultivation of semi-tropical products, such as coffee, sugar-cane, cotton, &c. Stock-breeding also answers well in most parts of these districts, but they are generally not suitable for rearing horses or small stock, except goats, although in several parts quite adapted for sheep- farming. It is estimated that 50,000 acres are under culti- vation. The agricultural produce, however, is not sufficient for the w^ants of the population. There are about 30,000 farms, 16,000 of which belong to private individuals, and the rest to the State. Mines It is impossible within the brief limits of this sketch to give an adequate description of the huge industry carried on in the various gold-fields, principally Barberton and Witwatersrand. The export of gold through Natal and the Cape Colony amounted in 1890 to 1,851,905/. ; in i89i,to 2,901,470/. ; in 1892, to 4,479,309/ ; in 1893, to 5,472,997/, The output of the Rand alone amounted to 230,640 oz. (value (807,240/) in 1888; to 382,364 oz. (value 1,338,274/) in 1889; to 492,492 oz. (value 1,730,372/) in 1890; in 1891 to 729,223 oz. (value 2,552,333/); in 1892, 1,210,865 oz. (value 4,297,610/) ; in 1893, 1,478,477 oz. (value 5,187,206/) ; and for the first eight months of 1894, 1,316,666 oz. (value 4,608,331/). The total output of the Republic in 1891 was 833,632 oz. (value 2,917,702/.); in 1892, 1,325,394 POPULATION— EDUCATION 13 oz. (value 4,638,879/.) ; in 1893, 1,610,335 oz. (value 5,636,122/.). Excellent coal is worked in the east of the country ; iron is also known to abound, while silver is worked in a mine close to Pretoria, the output for 1893 being 9,053 tons (value 18,500/), Population According to the rather incomplete census of 1890, the white population of the Republic is 119,128, of whom 66,498 are men and 52,630 women ; the native population in 1894 was estimated at 370,148. These figures can be regarded as only approximate until a better census is taken. The white population of Pretoria, the seat of government, is 5,000 ; but the largest town is Johannesburg, the mining centre of the Witwatersrand gold-fields, with 40,215 inhabi- tants, and a floating population of 30,000 in the gold-fields along the Rand. Education In the matter of education, which is necessarily a difficult question, the Government give assistance to both ward and district schools. According to the report of the Superintendent of Education for 1892, the number of subsidised school children amounted to 7,932, for which 34,962/ was paid by Government, being 4/. Ss 2d. per head. The number of subsidised schools was 263, and of the ward schools 422. In 14 THE TRANSVAAL Pretoria the nuns connected with the Roman Cathoh'c Church conduct a school where a high-class educa- tion is afforded, while under the auspices of the Bishop of Pretoria a young ladies' seminary and a boys' school have been opened. Both the Wesleyan and Dutch Reformed Churches in Pretoria have their own schools. The Dutch congregations throughout the country establish schools for both boys and girls, and the itinerant system and cmjoloyment of private tutors, incidental to outlying districts occupied by a scattered population, form part of the educational nucleus of the country. All instruction must be in the Dutch language in the subsidised schools. Although Dutch is the official language, English is the language chiefly spoken in towns, and in all business places, as well as in many families. A Board of Examiners in literature and science is established by law, and consists of nine members, with the Chief Justice as President. It conducts ex- aminations in survey, chemistry, law, literature, and science, and also grants teachers' certificates, A similar board, consisting of three qualified practi- tioners, acts in conjunction with the Board of Ex- aminers in so far as applications for admission by medical men, chemists, and dentists are concerned. By a Law of 1891 all holders of a Government ap- pointment, whether professional or otherwise, must be naturalised or registered as burghers. POLITICAL DIVISIONS— LEGISLATURE 15 Political Divisions The Coiintyy is Divided into Seventeen Districts. Districts Pretoria . ■ Potchefstroom . Rustenburg • Waterberg . Zoutpansberg . Lydenburg Middelburg Heidelberg Wakkerstroom . Piet Relief Utrecht . Bloemhof • Marico . . Lichtenburg > Standerton Ermelo • . Vryheid Chief Town (Seat of Landdrost) Pretoria (seat of Go- vernment) Potchefstroom . Rustenburg Nylstroom Pietersburg Lydenburg Middelburg Heidelberg W. Stroom Piet Retief Utrecht . Christiania Zeerubt . Lichtenburg Standerton Ermelo . Vryheid . Other Towns or Villages Ventersdorp, Klerks- dorp, Venterskroon, and Wolmaranstad Hartingsburg Haenertsburg, Wood- bush, Eersteling, Marabastad, and Smitsdorp Pilgrim's Rest, Bar- berton, Eureka City, FairView, Moodies, and Jamestown Roossenekal Johannesburg, Els- burg, Boksburg, and Krugersdorp Amersfoort Luneburg Bloemhof and Schwci- zer-Rennckc Jacobsdal and Ottos- hoop Bethal Amsterdam and Caro- lina Legislature The Legislative power of the State is vested in the Volksraad, the members of which are elected by their constituents for four years. The number of represen- i6 THE TRANSVAAL tatives before the constitution of a second chamber was forty-one, consisting of two members for each of the eleven districts, and three members for the four chief districts of the RepubHc — Potchefstroom, Pre- toria, Rustenburg, and Lydenburg. Under Law 12 of 1888, which authorises the Pre- sident to proclaim as electoral districts one or more proclaimed gold-fields, every such district to return one member to the Volksraad, the De Kaap and the Witwatersrand gold-fields now return one member each to the Raad. By the Treaty of Union between the Transvaal and New Republic, the latter, which now forms the district of Vrijheid, is entitled to return three members to the Raad. Under the new constitution, the first Chamber consists of twenty-four members only. The Volks- raad meet annually in session at Pretoria on the first Monday in May ; but extraordinary sessions may be called by the President to consider important and urgent questions that demand immediate attention. The qualifications of a member of the First Chamber are that he must be thirty years of age, and that he must either have been born in the country or have been a qualified voter for fifteen consecutive years. He must, furthermore, be a member of a Protestant Church, a resident in the country, and in possession of fixed property within its limits. No person of an openly bad character, or one who has been sentenced for some criminal offence, or an unrehabilitated insolvent, or persons being to each other in the relationship of father and son, or stepson, or coloured THE 'UITVOEREXDE RAAD ' 17 persons, or bastards, or officials receiving salary, arc allowed to take a seat in the Volksraad. The Dual Chamber Bill gives the First Chamber supreme powers, and a veto over every act of the Second Chamber. It leaves it also to the discretion of the President what measures passed in the Second, he shall send up for the approval or otherwise of the First Chamber. It fixed the number of representa- tives in each Chamber at twenty-four, while it con- cedes to the towns of Pretoria and Potchefstroom the right to elect each one member, in addition to those elected for the districts. Johannesburg, with its immensely preponderating population, is given but one member. Voters for the Second Chamber are excluded from voting at Presidential elections. The Executive or * Uitvoerende Raad ' This body, called the ' Uitvoerende Raad,' consists of the State President, elected for five years by a general election throughout the State ; the State Secretary, elected by the Volksraad for four years ; the Commandant-General, elected for ten years by a general election throughout the State ; the Secre- tary for Native Affairs, and two non-official members chosen for three years by the Volksraad. All these are eligible for re-election. The qualification for a President is that he must be thirty years of age ; he need not be a burgher of the State on the day of his election, but must be a member of a Protestant Church, and not have been sentenced for any criminal offence. i8 THE TRANSVAAL District Government The chief officer in each district is the ' Landdrost,' who acts as magistrate and civil commissioner, with the assistance of a Landdrost clerk, who is at the same time public prosecutor and distributor of stamps. Each district is further provided with a baljuw or sheriff, gaoler, and staff of constables. Offices, gaols, and powder-magazines are provided by Government. Under Law No. 6 of 1887 a ' districktsraad ' may be constituted for each district, consisting of the Land- drost and members for such ward respectively, Each district is divided into several Field Cornetcies or wards, superintended by a Field Cornet elected by each ward. This officer has certain judicial and, in time of w^ar, military powers. Defence With the exception of a corps of mounted artillery and police commanded by three officers with about 100 men, the Republic has no armed force. The President, with the concurrence of the Executive, has the right to declare war and call up a commando, in which the burghers are placed under the Field Cornets and commandants of each district. The whole force is commanded by the Commandant- General, who is elected by the whole country for the term of ten years. By Law No. 2 of 1883 (25th of June) all inhabitants of the State (the word used is ' ingezetenen/ and is, of course, of much wider appli- DEFENCE 19 cation than 'burghers') between sixteen and sixt)' years of age (not exempt according to law) are liable to do service on coviniando. According to the census of 1890 (the last reliable return), the number of able- bodied men between sixteen and sixty years amounted to 23.923. Unless martial law is proclaimed, mem- bers of Volksraad, officials, clergymen, churchwardens, school teachers, directors of companies established and incorporated according to Law No. 5, 1874, and a certain number of their men, and the only sons of widows, arc exempt from personal service, but may be called out when martial law is proclaimed. These have to contribute towards the expenses of the coni- Diando to an amount not exceeding 15/., left to the discretion of the Field Cornet. Non-residents, owners of landed property in the Republic, have to pay a war-tax of 20/. for each farm, 10/. for each erf they possess. In accordance with the treaties entered into with Portugal, Holland, Belgium, Germany, France, Italy, and Switzerland, subjects of these States resid- ing in the Republic are also exempt from military service, but are liable to payment of the same contri- butions as payable by burghers of the State. Exempt from personal service are also all residents registered according to the terms of the London Convention, and all immigrants during the first two years of their residence, except when martial law is proclaimed. The first levy is from eighteen to thirty-four years, the second from thirty-four to fifty, the third consists of youths below eighteen and men above fifty. Those c 2 20 THE TRANSVAAL commandeered must provide themselves with clothing, gun, and thirty rounds of ammunition. They have even to provide their own wagons and cattle. Of the booty taken, after certain deductions, one quarter goes to Government towards war expenses, and the remaining three-quarters are equally divided among the men actually in the field. All legal proceedings in civil cases against persons on commando are sus- pended, and may not be resumed before thirty days after their release from commando. If martial law is proclaimed, no executions can take effect until sixty days after the withdrawal of the proclamation. The pounds are closed, and the payment of transfer dues (Heerenregten) is also suspended during the time martial law is in force. Transvaal Law (General) The Constitution of the Republic is based on the 'Thirty-three Articles,' passed May 23, 1849, and the ' Grondwet ' or Fundamental Law of February 19, 1858. The ' Grondwet ' declares that the law of the country shall be Roman-Dutch, and the text-book the Institutes of Van der Linden, Grotius and Van der Leeuwen, though these authorities are to be con- strued not too technically, but more in accordance with the customs of South Africa. The decisions of the Supreme Court of the Cape Colony, when not in conflict with any local statute, are accepted as autho- rities if decided on the principles of Roman-Dutch LAWS ON TREASON 21 Law, and commercial questions arc decided upon the principles of the modern commercial law which obtains in Europe and America. Laws on Treason I must here allude to a Law passed in 1858, making incitement to rebellion punishable by death ; it was repealed September 23, 1859. On March 8, 1877, a fresh law was promulgated in view of the disturbed state of the country, laying down explicitly what shall constitute treason. It runs as follows : — Law No. I. 1877. For the punishment of evil-disposed persons seek- ing to destroy the independence of the State. Laid down by resolution of the Volksraad, dated March 8, 1877. Whereas it is necessary to take adequate measures to oppose and punish the attempts with which some evil-disposed persons are continually seeking to destroy the independence of the State and to create disturbance : The Volksraad declares guilty : — I. Inhabitants who without permission from the Volksraad, enter into any negotiations with a Foreign Power or its agents with a view of depriving the State of any part of its independence or of bringing it under the power, administration, or influence of svjch Foreign Power, 22 THE TRANSVAAL 2. InJi(ibita}its, \\\\o cither verbally, in writing, or in print, shall incite or induce other inhabitants to aid in bringing about the aforesaid objects, or who shall cause petitions to be signed to that end. 3. Inhabitants who draft, print, or distribute such writings, printed matter, and petitions as arc above- mentioned. 4. Persons who are guilty of one or more of the above acts shall, according to the circumstances attending such acts, be accounted guilty of the crime of high treason, and subjected to the punishment laid down for that crime. [Observe the change from ' inhabitants ' to ' per- sons ' ; it is difficult to say whether it is intentional or not.] 5. Nothing in the foregoing articles shall be held to abrogate or to repeal any of the existing laws concerning the crime above-mentioned. This law shall enter into operation at once. Tiios. Burgers, President. Swart, Secretary of State. Now, the ' existing laws' above referred to can be none other than Clauses 9 and 10 of the famous 'Thirty-three Articles' laid down in 1849, and their mildness is somewhat surprising. Clause 9 reads : * All who shall have entered into negotiations with Foreign Powers, their Rulers or Agents, with a view of inducing them to become hostile to or to make war upon this Republic, or of LAWS RELATING TO ALIENS 23 procuring them the means for doing so, or who make attempts to create treason, shall be punished with a fine of 500 rijksdaalders, and exiled from our community. If he {sic) returns, he shall be declared an outlaw.' Clause 10 : ' And all who are guilty of the above crime shall, if they be officials, be dismissed from their posts ; and if they are private persons, they shall never be given a post in our community.' [' Community' — for the State did not style itself the South African Republic until 1858.] For the latest law on the above subject see p. ^"j. Laws Relating to Aliens The earliest legislation with regard to what the Boers then called ' vreemdelingen,' or strangers, occurs in the year 1855. This was three years before the State first styled itself the South African Republic. By a resolution of the Volksraad, dated June 18, 1855, it was decided : — ' That to all strangers, of no matter what European nation, liberty shall be given to come and live in this land and to enjoy equal rights on condition that they purchase the right of citizenship . . . ' That no strangers living in the land, and not born in Africa, shall have a voice in the affairs of the Republic, or be capable of holding any public office, until they have bought their rights of citizenship for a sum of 200 Cape rijksdaalders, and no one who is not a recognized citizen shall have the right to hold real property ..." Coloured men cannot acquire the 24 THE TRANSVAAL right of citizenship. Strangers cannot be admitted to civic rights unless they produce a passport from the Government under which they were born or have resided." ' A period of twenty-one years then elapsed before any fresh legislation on this particular question appears to have been necessary. By Law No. I. of 1876 (May 29) the Volksraad passed the following resolutions respecting the right of voting in the South African Republic : — ' Art. I. — Every citizen shall have the right to vote. ' (a) Citizens are those born in the Republic, and above the age of twenty-one. ' (/^) Any one not born in the Republic may become a citizen by the acquisition of real property. ' (r) Aliens holding no real property in the Republic obtain civil rights by one year's residence, obedience to the law, and good behaviour. ' ((/) No stranger entering the Republic after the passing of the law shall be admitted to civil rights until he has taken the oath of allegiance to the Republic, and so become a naturalised citizen.' And appended to the regulations comes again the restriction with regard to men of colour found in the Law of 1855. Soon after the evacuation of the country by the British troops in 1881, the laws relating to the right HOW TO OBTAIN THE FRANCHISE 25 of voting and admission to citizenship were materially altered, the Law of May 29, 1876, being amended on July 10, 1882, as follows : — ' Persons not born in the Republic may be admitted to rights of citizenship by obtaining letters of naturali- sation, or by taking the prescribed oath . . . ' Strangers may be naturalised on proving that they have dwelt in the country for at least five years that they have obeyed the law, and that their names have appeared on the Field Cornet's lists for at least five years . . . 'The cost of naturalisation is 25/. [See next paragraph.] ' In exceptional cases the Government may waive the condition respecting five years' residence in the country.' How to Naturalise and obtain the Franchise. According to Law No. 14 of 1893 (dated 8th Septem- ber 1893), naturalisation may now be obtained after two years' residence, and registration on the books of the Field Cornet, oath of allegiance, and payment of 5/. In the ordinary course, naturalised burghers can only become full-fledged citizens, qualified to sit in the First Volksraad, after the lapse of twelve years, but the First Raad has the power to shorten this period. The process is as follows : — An alien wishing to become naturalised must register his name in the book of the Field Cornet in whose ward he fixes his residence. After residing in that ward, and being on the book of the Field Cornet for two years, he may 26 THE TRANSVAAL apply to the latter, or to the Landdrost of the district, for a certificate that he has complied with the re- quirements of the laws, and bears a good character. On obtaining such a certificate, he may apply to the Landdrost to be naturalised, who, after examining the papers and finding them in order, refers the appli- cation to the Executive Council, which approves or disapproves ; if admitted, the applicant pays his fee, and upon his taking the oath of allegiance to the Republic, letters of naturalisation (deed ofburghership) are granted to him. His name may then be placed on the list of voters for the district where he resides by the Field Cornet in whose ward he lives. After being registered, he may vote for a Field Cornet of his ward, for a member of the Second Volksraad of his district, and for every other election confined to that district, but not for members of the First Volksraad. After registration as a voter the naturalised alien may be appointed to any Government office, except to those to which the occupant is elected by the whole couiitr}'. After having been on the voters' list for two years, he may be elected as a member of the Second Volksraad. After being a member of the Second Volksraad for ten years, or on the list of registered voters for twelve years (that is, ten years after the naturalised alien has become qualified to be elected a member of the Second Raad, whether elected as such or not), he is qualified to vote for a member of the First Raad, and to be elected as such, and to enjoy all the privileges of a burgher. But as, has already been stated, it is in the power of the First CONVENTIONS OF 1881 AND 1884 27 Raad to shorten, by resolution, the period quahfying the alien for that Raad. The following is the form of oath to be taken on naturalisation : — ' I desire to become a burgher of the South Afri- can Republic, abandon, give up, and relinquish all obedience, fealty, and the obligations of a subject to all and any foreign sovereigns, presidents, states and sovereignties, and more especially the Sovereign, Pre- sident, the State or Sovereignty, of whom I have hitherto been a subject and burgher, and as subject take the oath of fealty and obedience to the govern- ment and laws of the people of the South African Republic' The Conventions of 1881 and 1884 I will now proceed to lay before the reader two docu- ments to which frequent reference has been made in the foregoing pages, and whose importance to the British residents cannot be overstated. I allud^ to the Pretoria Convention of 1881, concluded immedi- ately after the defeat of the British by the Boers, and to the London Convention of 1884. There was also a Supplementary Convention, dated June ir, 1888, but referring, as it does, only to a minor question of boundary, it is unnecessary to reproduce it. It may be asked why the Pretoria Convention is given here, since it was superseded by that of 1884. The two documents have been so repeatedly confounded and misquoted that I thought it convenient to give the 28 THE TRANSVAAL principal articles of the earlier one, in order to enable the public to judge how materially the British suze- rainty claimed in 1881 was abrogated three years later. Pretoria Convention of 1881 Her Majesty's Commissioners for the Settlement of the Transvaal Territory, duly appointed as such by a Commission passed under the Royal Sign Manual and Signet, bearing date the 5th of April, 1881, do hereby undertake and guarantee, on behalf of Her Majesty, that from and after the 8th day of August 1 88 1 complete self-government, subject to the suze- rainty of her Majesty, her heirs and successors, will be accorded to the inhabitants of the Transvaal Terri- tory, upon the following terms and conditions and sub- ject to the following reservations and limitations : — [The first article deals only with the boundary line. It was entirely superseded by the Convention of 1884.] H. Her Majesty reserves to herself, her heirs and successors, {a) the right from time to time to appoint a British Resident in and for the said State, with such duties and functions as are hereinafter defined ; {b) the right to move troops through the said State in time of war, or in case of the apprehension of im- mediate war between the Suzerain Power and any foreign State or native tribe in South Africa ; and (r) the control of the external relations of the said State, including the conclusion of treaties and the con- duct of diplomatic intercourse with foreign Powers, PRETORIA COXVENTIOX OF i8Si 29 such intercourse to be carried on through Ilcr Majesty's diplomatic and consular officers abroad. XVI. There will continue to be complete freedom of religion and protection from molestation for all denominations, provided the same be not inconsistent with morality and good order ; and no disability shall attach to any person in regard to rights of propert}' by reason of the religious opinions which he holds. XVII. The British Resident will receive from the Government of the Transvaal State such assistance and support as can by law be given to him for the due discharge of his functions. He will also receive every assistance for the proper care and preservation of the graves of such of Her Majesty's forces as have died in the Transvaal ; and, if need be, for the appro- priation of land for the purpose. XVIII. The following will be the duties and functions of the British Resident : — 1. He will perform duties and functions analogous to those discharged by a Chargc-d'Affaires and Consul-General. 2. In regard to natives within the Transvaal State, he will (a) report to the High Commissioner, as representative of the Suzerain, as to the working and observance of the provisions of this Convention ; (d) report to the Transvaal authorities any cases of ill-treatment of natives, or attempts to incite natives to rebellion, that may come to his knowledge ; () the British Resident will be the medium of communication with native chiefs outside the Transvaal, and, subject to the approval of the High Commissioner, as representing the Suzerain, he will control the conclusion of treaties with them ; and {c) he will arbitrate upon every dispute between Transvaal residents and natives outside the Trans- vaal (as to acts committed beyond the boundaries of the Transvaal) which may be referred to him by the parties interested. 4. In regard to communications with foreign powers, the Transvaal Government through the British Resident and the High Commissioner. XXVI. All persons other than natives conform- iner themselves to the laws of the Transvaal State {a) will have full liberty, with their families, to enter, travel, or reside in any part of the Transvaal State ; {h) they will be entitled to hire or possess houses, manufactories, warehouses, shops, and premises ; {c) they may carry on their commerce either in person PRETORIA CONVENTION OF i88r 31 or by any agents whom they may think fit to employ; {d) they will not be subject, in respect of their per- sons or property, or in respect of their commerce or industry, to any taxes, whether general or local, other than those which are or may be imposed upon Trans- vaal citizens. XXVII. All inhabitants of the Transvaal shall have free access to the Courts of Justice for the pro- secution and defence of their rights. XXX'III. All persons, other than natives, who established their domicile in the Transvaal between the 1 2th day of April 1877 and the date when this Convention comes into effect, and who shall within twelve months after such last-mentioned date have their names registered by the British Resident, shall be exempt from all compulsory military service what- ever. The Resident shall notify such registration to the Government of the Transvaal State. XXXIII. Forthwith after the ratification of this Convention, as in the last preceding article men- tioned, all British troops in Transvaal territory will leave the same, and the mutual delivery of munitions of war will be carried out. Signed at Pretoria, this 3rd day of August, i88r, Hercules Robinson, President and High Commissioner ; Evelyn Wood, Major- Goicral, Officer administer i7ig the Government J. H. dc ViLLIERS Royal Commissioners. 32 THE TRANSVAAL This was signed by S. J. P. Krligcr, M. \V. IVctorius, and P. J. Joubert, as representatives of the Transvaal Burghers, As the Convention of i88i was entirely super- seded by that of 1884, I have given only its most important articles, in order that the modifications and omissions made in the Convention of 1884 may be fully seen. Of this latter document I have repro- duced all except Article I. This is a very lengthy one, setting forth in great detail the boundaries of the State, The boundaries already given earlier in this sketch will be sufficient for most purposes ; the curious may read the full text in Hertslcfs Coimnercial Treaties, tom, xvii. It is interesting to note that in the new Conven- tion the State once more resumes its old and fuller- sounding title of the SOUTII African Republic. London Convention of 1884 Whereas the Government of the Transvaal State, through its delegates, consisting of Stephanus Johannes Paulus Kriiger, President of the said State, Stephanus Jacobus Du Toit, Superintendent of Edu- cation, and Nicholas Jacobus Smit, a member of the Volksraad, have represented that the Convention signed at Pretoria on the 3rd day of August 1881, and ratified by the Volksraad of the said State on the 25th October T881, contains certain provisions which are inconvenient, and imposes burdens and LONDON CONVENTION OF 1884 33 obligations from whicli the said State is desirous to be relieved, and that the south-western boundaries fixed by the said Convention should be amended with a view to promote the peace and good order of the said State, and of the countries adjacent thereto. II. The Government of the South African Re- public will strictly adhere to the boundaries defined in Article I. of this Convention, and will do its utmost to prevent any of its inhabitants from making any encroachments upon lands beyond the said boun- daries. The Government of the South African Re- public will appoint Commissioners upon the eastern and western borders, whose duty it will be strictly to guard against irregularities and all trespassing over the boundaries. Her Majesty's Government will, if necessary, appoint Commissioners in the native terri- tories outside the eastern and western borders of the South African Republic to maintain order and pre- vent encroachments. Her Majesty's Government and the Government of the South African Republic will each appoint a person to proceed together to beacon off the amended south-west boundary as described in Article I. of this Convention ; and the President of the Orange Free State shall be requested to appoint a referee to whom the said persons shall refer any questions on which they may disagree respecting the interpretation of the said Article, and the decision of such referee thereon shall be final. The arrangement already made, under the terms of Article XIX. of the Con- vention of Pretoria, August 3, 1881, between the D 34 Till' TRANSVAAL owners of the farms Grootfontein and Valleifontein on the one hand, and the Barolong authorities on the other, by which a fair sliare of the water supply of the said farms shall be allowed to flow undisturbed to the said Barolongs, shall continue in force. [The following Article should be compared with Article XVII. of i88i.] III. If a British officer is appointed to reside at Pretoria or elsewhere within the South African Re- public to discharge functions analogous to those of a Consular officer, he will receive the protection and assistance of the Republic. IV. The South African Republic will conclude no Treaty or engagement with any State or nation other than the Orange Free State, nor with any native tribe to the eastward or westward of the Republic, until the same has been approved by Her Majesty the Queen. Such approval shall be considered to have been granted if Her Majesty's Government shall not, within six months after receiving a copy of such Treaty (which shall be delivered to them immediately upon its completion), have notified that the conclusion of such Treaty is in conflict with the interests of Great Britain or of any of Her Majesty's possessions in South Africa. [The above article has been held to embody the rights of suzerainty so clearly laid down in the Pre- amble and Article II. of 1881.] V. The South African Republic will be liable for any balance which may still remain due of the debts for which it was liable at the date of annexation, to LONDON CONVENTION OF 1884 35 wit, tlic Cai)C Commercial Bank Loan, the Railway Loan, and the Orphan Chamber Debt, which debts will be a first charge upon the revenues of the Re- public. The South African Republic will, moreover, be liable to Her INLijcsty's Government for 250,000/., which will be a second charge upon the revenues of the Republic. VI. The debt due as aforesaid by the South African Republic to Her Majesty's Government will bear interest at the rate of 3^ per cent, from the date of the ratification of this Convention, and shall be repayable by a payment for interest and Sinking Fund of 6/. OS. c^d. per 100/. per annum, which will extinguish the debt in twenty-five years. The said payment of C/. os. 9c/. per 100/. shall be payable half yearly in British currency, at the close of each half year from the date of such ratification ; provided always, that the South African Republic shall be at liberty at the close of any half year to pay off the whole or any portion of the outstanding debt. Interest at the rate of 3i per cent, on the debt as standing under the Convention of Pretoria shall, as heretofore, be paid to the date of the ratification of this Convention. VII. All persons who held property in the Trans- vaal on August 8, 1881, and still hold the same, will continue to enjoy the rights of property which they have enjoyed since April 12, 1877. No person who has remained loyal to Her Majesty during the late hostilities shall suffer any molestation by reason of his loyalty ; or be liable to any criminal prosecution D 2 36 THE TRANSVAAL or civil action for any part taken in connccticMi with such hostilities ; and all such persons will have full liberty to reside in the country, with enjoyment of all civil rights, and protection for their persons and property. VIII. The South African Republic renews the declaration made in the Sand River Convention, and in the Convention of Pretoria, that no slavery or apprenticeship partaking of slavery, will be tole- rated by the Government of the said Republic. IX. There will continue to be complete freedom of religion and protection from molestation for all denominations, provided the same be not inconsis- tent wath morality and good order ; and no disa- bility shall attach to any person in regard to rights of property by reason of the religious opinions which he holds. X. The British officer appointed to reside in the South African Republic will receive every assistance from the Government of the said Republic in making due provision for the proper care and preservation of the graves of such of Her Majesty's forces as have died in the Transvaal ; and, if need be, for the appropriation of land for the purpose. XI. All grants or titles issued at any time by the Transvaal Government in respect of land outside the boundary of the South African Republic, as de- fined in Article I., shall be considered invalid and of no effect, except in so far as any such grant or title relates to land that falls within the boundary of the South African Republic ; and all persons LONDON CONVENTION OF 1884 Z7 holding any such grant so considered invaHd and of no effect will receive from the Government of the South African Republic such compensation, either in land or in money, as the Volksraad shall de- termine. In all cases in which any native chiefs or other authorities outside the said boundaries have received any adequate consideration from the Govern- ment of the South African Republic for land excluded from the Transvaal by Article I. of this Convention, or where permanent improvements have been made on the land, the High Commissioner will recover from the native authorities fair compensation for the loss of the land thus excluded, or of the permanent improvements thereon. XII. The independence of the Swazis, within the boundary line of Swaziland, as indicated in Article I. of this Convention, will be fully recog- nised. XIII. Except in pursuance of any Treaty or en- gagement made as provided in Article IV. of this Convention, no other or higher duties shall be im- posed on the importation into the South African Republic of any article coming from any part of Her Majesty's dominions than are or may be im- posed on the like article coming from any other place or country ; nor will any prohibition be main- tained or imposed on the importation into the South African Republic of any article coming from any part of Her Majesty's dominions which shall not equally extend to the like article coming from any other place or country. And in like manner the 38 TIIK TRANSVAAL same treatment shall be given to any article coming to Great Britain from the South African Republic as to the like article coming from any other place or country. The provisions do not preclude the consideration of special arrangements as to import duties and commercial relations between the South African Republic and any of Her Majesty's Colonies or possessions. XIV. All persons, other than natives, conforming themselves to the laws of the South African Republic (a) will have full liberty, with their families, to enter, travel, or reside in any part of the South African Republic ; {b) they will be entitled to hire or possess houses, manufactories, warehouses, shops, and pre- mises ; (r) they may carry on their commerce either in person or by any agents whom they may think fit to employ ; {d) they will not be subject, in respect of their persons or property, or in respect of their commerce or industry, to any taxes, whether general or local, other than those which are or may be imposed upon citizens of the said Republic. XV. All persons, other than natives, who estab- lished their domicile in the Transvaal between the 1 2th of April, 1877, and the 8th of August, 1881, and who within 12 months after such last-mentioned date have had their names registered by the British Resident, shall be exempt from all compulsory military service whatever. XVI. Provision shall hereafter be made by a separate . instrument for the mutual extradition of LONDON CONVENTION OF 1S84 39 criminals, and also for the surrender of deserters from Her Majesty's forces. XVII. All debts contracted between the i.-:th of April, 1877, and the 8th of August, 1881, will be payable in the same currency in which they ma)' have been contracted. XVIII. No grants of land which may have been made, and no transfers or mortgages which may have been passed between the 12th of April, 1877, and the 8th of August, 1 88 1, will be invalidated by reason merely of their having been made or passed between such dates. All transfers to the British Secretary for Native Affairs in trust for natives will remain in force, an officer of the South African Republic taking the place of such Secretary for Native Affairs. XIX. The Government of the South African Republic will engage faithfully to fulfil the assurances fliven, in accordance with the laws of the South African Republic, to the natives at the Pretoria Pitso by the Royal Commission in the presence of the Triumvirate, and with their entire assent, (i) as to the freedom of the natives to buy or otherwise acquire land" under certain conditions, (2) as to the appoint- ment of a commission to mark out native locations, (3) as to the access of the natives to the courts of law, and (4) as to their being allowed to move freely within the country, or to leave it for any legal purpose, under a pass system. XX. This Convention will be ratified by a Volks- raad of the South African Republic within the period 40 THE TRANSVAAL of six months after its execution, and in default of such ratification this Convention shall be null and void. Signed in duplicate in London, this 27th day of February, 1884. Hercules Robinson. S. J. P. Kruger. S. J. Du ToiT. N. J. Smit. Import Duties The law relating to import duties is of such immense importance, both to British merchants here and to the large number of British traders resident in the Transvaal, that I have not scrupled to give it in extenso. Law No. 4, 1894. Being Modification of Law No. 20, 1892. Approved of by Resolution of the Honourable the First Volksraad, Art. 502, June 18, 1894. I. All goods imported across the border are liable, save special clauses in this Law, to an import duty of 'j\ per cent, on the value (being the real current or cash-market value of the articles lying ready packed for transmission, at the place where same may be bought or obtained with a view to importing them into this Republic) ; and in case such articles have been imported directly from places in States, Pro- vinces, and Colonies across the sea, not in South IMPORT DUTIES 41 Africa, 20 per cent, must be added to the value as mentioned above for clearing and paying duty ; in this value is to be included all packing which is being sold with the articles, such as bottles, iron, or other metal boxes, casks for cement and liquids, paper boxes, trunks, and such like, with the exception of the under-mentioned articles, which are altogether free of duty : {a) All kinds of live stock, except oxen, cows, calves, sheep, goats, and lambs, which are charged as big and small cattle, according to the latter part of Art. 3. All kinds of live stock of persons coming to reside into this country, cattle (trek-oxen) used by travellers and transport-riders, cattle which have been taken across the border for winter quarters, and which afterwards are re-imported in this Republic, or the re- verse. (b) Bank notes and other paper currency and coins which are allowed as legal tender in this State. (c) Reading and music-books, maps, and printed school requisites, newspapers, pamphlets, and periodicals. {a) Articles obtained in hunting outside the country by burghers of this Republic. {e) Products of and cattle bred in the Orange Free State and the province Mozambique, imported under certificate of origin from Landdrost, Resident, J. P., or Consul. 42 THE TRANSVAAL {/) Wagons and vehicles in the use of persons visiting this RepubHc and returning with same, as well as those in the use of persons coming into this State with their farming appliances and stock with the intention of settling here. {g) Tree, flower, and vegetable seeds. All seeds for agricultural purposes, tubers, and bulbs (fruits grown in the soil), specially imported by farmers for sowing or planting, under sworn declaration made before a J. P. or a Customs Collector, except such tubers and bulbs as are specially charged in this Law, and such seeds as are imported for con- sumption. {/i) Second-hand furniture and tools of mechanics and persons coming to reside in this Re- public. (/) Unworked or alluvial gold from neighbouring gold-producing States. (y) All outside packing not sold with the goods and not imported for sale, but to protect the goods in transmission only. 2. All machinery (as specified hereafter) and fencing wire, iron, fencing-poles, and all other mate- rials exclusively required for fencing farms and grounds shall be subject to an import duty of li per cent, on the value, to be reckoned in terms of Article L All machinery and appliances exclusively used for the production or transmission of mechanical or IMPORT DUTIES 43 electrical power. All machinery intended for crush- ing and grinding ore, minerals, and agricultural pro- ducts. All pumps exclusively used for industry and agriculture, with the exception of hand-pumps. All materials, machinery, and appliances exclusively in- tended for the separation of metals from ore, and for the sorting and sifting of metals and ore, and for the manufacture of chemicals or acids necessary for gold extraction. All machinery and appliances exclusively used for removing or raising ore and minerals, includ- ing rails and trucks running on rails. All metal and earthenware piping exclusively intended for taking water or tailings from and to gold and other mines, also in agriculture and to carry water. All wheels and other appliances for raising and removing water and tailings and other products of manufacture. All boring machinery and all machinery for working wood and iron. Telephone and telegraph plant and apparatus. All machinery for agriculture, trades, and industry, such as reaping and threshing machines, sawing-machines, printing-presses, &c. All supple- mentary and extra parts of the foregoing articles. Big chaff-cutters, chaff and wool presses, and other appliances for preparing goods or products for the trade or shipment. 3. The following articles are, in addition to the general import duty of 7i per cent., as mentioned in Article I., subject to a special duty, specified hereafter. For calculation of this special duty the invoice or purchase-price is taken, which must 44 THE TRANSVAAL be the true current market value, as stated in Article I. :— All printed matter, except those articles free of duty in terms of Article I., Sub-sec. C. . . . loo per cent. (The following description of articles is not considered as printed matter, viz. : — Paintings, prints, chromos, reproductions, portraits, photographs, wood engravings, Christmas, New Year, and birthday cards, almanacs, diaries, commercial and pocket books with printed headings and dates, imported for use in business, and similar articles, these being solely sub- ject to the general import duty, as mentioned in Article I.). Meat in tins, not otherwise specified . Vinegar (acetic acid), per gallon Gold and silver ware and jewellery Biscuits in tins, or per loo lbs. . Beer, per gallon .... Butter, butterine, margarine, and ghee, per ico lbs. Cement, per lOO lbs. Champagne or sparkling wines, per gallon Chicory, per lOO lbs. Dynamite and other explosives, not exceeding per II) Eggs, per dozen ...... Confectionery, in tins, or otherwise, per lOO lbs. All distilled liquors or liquids, produced in the neighbouring States and Colonies, from 1 1 to 56 degs. inclusive, accord ing to the alcoholmeter (areometer) of Trallis, per gallon .060 All distilled liquors or liquids, sweetened or perfumed, all liqueurs and cordials, produced in the neighbouring States and Colonies, from 1 1 to 56 degs. inclusive, according to the alcoholmeter of Trallis, per gallon . . . .060 All distilled liquors or liquids from over seas not a product of the neighbouring States and Colonies, from 11 to 56 degs. inclusive, according to the alcoholmeter of Trallis, per gallon , , ,oioQ 5% ^0 3 I2|°/^ J £1 5 3 5 3 10 7 6 9 6 I 5 IMPORT DUTIES 45 All dislillcd liquors or liquids, sweetened or perfumed, liqueurs and cordials, from over seas, not a product of the neighbouring States and Colonies, from 1 1 to 56 degs. inclusive, according to the alcoholmcter of Trallis, per gallon £q All distilled liquors or liquids overproof or over 56 degs., according to the alcoholmcter of Trallis, per gallon . . i [All sweetened mixed wines and liquids may be analysed, and any one found guilty of contravention may be punished in terms of this law. ] Barley, per 100 lbs. ........ o Guns, pistols, and revolvers, per barrel ... .0 Vegetables, fresh, preserved, and dried, per 100 lbs. . . i Shot, per lb. ......... o Jlani, per 100 lbs. ........ 4 Oat-hay, per sheaf or bale, per 100 lbs. . . , . o Oats, per 100 lbs. ........ o Jams, per 100 lbs. ........ i Cheese, per 100 lbs. ........ o Kafir corn, per 100 lbs. ....... o Kafir picks and hoes, each ...... o Cake, in tins or otherwise, per 100 lbs. . . . . i Coffee, per 100 lbs. ........ o Corn, per 100 lbs. ........ o Copper and brass wire, jx-r 11)., except when imported for electrical purposes or for power transmission for mines . o Beads (all sorts), per lb. . Gunpowder ...... Sweets, per 100 lbs. ..... Lead, per lb. ..... . Meal (all sorts), per 100 lbs. Mealies, per 100 lbs. .... Malt, per loo lbs Cartridges, loaded for breechloaders, per 1,000 Rice and dholl, per 100 lbs. Cigars, per 100 Cigarettes, per 100 . [For the calculation of import duty, it is taken that 500 cigarettes do not exceed i lb. in weight ; in case of excess the duty will be calculated in proportion.] 10 o 5 o o 3 10 o 46 THE TRANSVAAL Snuff, per 11) £o 2 6 Lard, per lOO lbs. . . . . . . , .4100 Coal, per lOO 11«. . . . . . . . .076 Sugar, per 100 lbs. . . . . . . . .036 Tobacco, manufactured, in leaves and rolls, the jnoducl of the neighbouring States and Colonies, not excluded by treaty, per lb. . . . . . . . .006 Tobacco, unmanufactured, from over seas, ]-)er lb. . .026 Tobacco, manufactured, imported from any jilace, and not cigars or cigarettes, per lb. . . . . , .026 Tea, per 100 lbs. . . . . . . . .050 Uniforms or liveries and secondhand clothing, imported _ for trade, per garment . . . . . . .016 Pork, per 100 lbs 4 10 o Fat (lard), per 100 lbs. , 4100 Pigs, each. . . . . . . . . . 4 10 o Cattle (big), i.e., oxen, cows, calves (not on the free list in terms of Art. I. of this law), each . . . . o 10 o Cattle (small), i.e., sheeps, goats, lamb (not on the free list in terms of Art. I. of this law) 010 Fruit, preserved, dried and earth fruits, per 100 lbs. . .150 [By dried fruit are to be understood such fruits which for preserving them have had to undergo special treatment be- fore drying.] Sausages, per 1 00 lbs. ....... 4 Soap (ordinary) for household use, and soft soap, per ico lbs. o Soap (perfumed) toilet, and all other sorts, per 100 lbs. , o Sulphuric acid, per lb. ....... o Wooden tunnel and fencing poles, «S;c. , imported from the North and North-Western borders of the Republic, each 003 4. The importation of guns, pistols, revolvers, and ammunition is only allowed under a permit from the Commandant-General on payment of 5jr. in stamps. The importation of dynamite and other explosives is only allowed under a permit from the State Secretary on payment of 5^'. in stamps. Such permits can be refused without reasons being given. From this arc 10 5 10 I IMPORT DUTIES 47 excepted persons entering this State who bring- in with them one firearm only for personal safety, and who shall be obliged to pay import duty according to the tariff, also such persons mentioned in the follow- ing article. 5. Every white person residing in the Orange Free State, and visiting the South African Republic, shall be allowed to bring with him for his protection, free of import duty, not more than one firearm, provided he has a certificate from the Landdrost, Resident T.P. J. P., or Field Cornet of his district, that he is the owner of the same, which certificate is to be exhibited to the Customs Collector on entering this State. He shall not be allowed to stay for a longer period than thirty days in this State with the said firearm, unless the ordinary import duties on same are paid. Contra- vention will be punished in terms of this Law. 6. All import duties on goods imported into or conveyed through the Republic shall be paid and the goods declared to the Customs Collector at the pro- claimed ports of entry and clearing offices, unless imported by private persons, residing in this Republic, not being dealers, carriers, or agents, and who import same for their own use only, not for the purpose of selling or bartering same, and who can produce proof from the Landdrost or Customs Collector of their district that they will pay there ; and who shall be obliged to give notice and to pay the Customs duties due to the officer mentioned above within a week after the off-loading of such goods. 7. For clearing, the importer or his agent will have 48 THE TRANSVAAL to hand in with the clearing documents all way-bills, invoices, receipts, and other necessary documents to enable the Customs duties due to be calculated. The officer charged with the collection of Customs duty has the right to value, and tax according to law, goods, by whomsoever iiuporlcd, whereof no invoice or proof of value can be produced. 8. Nobody shall be allowed to import merchandise, trading or other goods, except through a port of entry, fixed by H.H. the State President by proclamation in the Staats-couraiit, excepting private persons, as mentioned in Art. 6, who reside in the South African Republic. 9. A transport-rider or other person imjDorting or conveying goods for other persons, for his own use or for trading purposes, will have to give notice imme- diately after crossing the border to the Customs Collector at the proclaimed port of entry or clearing office, and pay the Customs duties. Entry and clear- ing of goods and payment of duties at other than the offices mentioned above will not be taken into con- sideration. Private persons, as stated in Art, 6, are excepted from this. No transport-rider or other person, except railway companies, shall have the right to import or help to import goods after sunset or before sunrise. 10. If it appears that a transport-rider or other person has not made a full declaration of the goods imported by him, he shall be punished as mentioned hereafter in this Law. 11. The way-bills shall clearly and legibly state IMPORT DUTIES 49 the marks, numbers, and the contents of the cases, packages, &c. In the invoices the prices, quaHty, and quantity of the goods, as also the marks of the cases, packages, the place where the goods were bought for direct shipment and despatch to this Republic, must be stated. In case it appears that the invoices, way-bills, certificates, or other docu- ments are false, the goods may be confiscated. 13. A transport-rider or any other person import- ing goods shall not off-load or cause to off-load, until after having presented his way-bills, and having received written consent, either by permit or stamp- ing, from the Customs Collector, and nobody shall be allowed to receive such goods unless such consent is shown to him. In cases, however, where dealers or persons who import goods are residing a long dis- tance from a Customs Collector, such Collector may, before the goods arrive, issue such permits to the person receiving the goods. Private persons, as mentioned in Art. 6, not being dealers or transport- riders, and not residing in villages, who import in small quantities, intended for their own use, shall not be obliged to obtain a permit from the Customs Collector. 13. Any person, except private persons as men- tioned in Art. 6, conveying goods through the State shall, on the application of the Customs Collector, Landdrost, Field Cornet, J. P., member of the Police, or any person with authority to act, produce the proof of clearing of these goods at the proclaimed ports of entry or clearing offices, or the receipt for E 50 THE TRANSVAAL duty paid, or the way-bill stamped by the Customs Collector. 14. For registration and issue of permit for all goods, live stock, &c., free of duty, according to law, by the Customs Collector, except on coal and live stock, 6d. \\\\\ have to be paid for every 500 lbs. weight or part thereof, and on coal is. for every 5,000 lbs. weight or part thereof; if under-mentioned goods are not imported together with other goods, and have to be registered specially, then 6d. will have to be paid for every ten or less for registration of live stock, except for poultr}', for which 6d. per consign- ment is due. 15. After the clearance of the goods before the Customs Collector at the proclaimed clearing offices or ports of entry, the import duties may be paid under security of a bond at the office of the Land- drost or Customs Collector. 16. In case an importer wishes to make use of this privilege to pay Customs dues on off-loading the goods at the place of destination, then he shall be obliged to pass a bond before the Landdrost or Customs Collector, to the satisfaction of the Inspector- General, in the form as mentioned hereafter, before the goods imported on its strength cross the border. 17. No transport-rider or any other person im- porting goods, except private persons mentioned in Art. 6, residing in the South African Republic, who import for their own use, shall have the right to off-load, or cause to off-load, and nobody shall be allowed to receive such goods after sunset and before sunrise. IMPORT DUTIES 51 18. Customs duty on goods conveyed by the Postal Department shall be paid at the Post Office. The Inspector-General or his representative shall, in concert with the Postmaster-General, have the right to have any parcel, sent through the Postal Depart- ment, opened by the local officials, on receipt of authority, to convince themselves that the Customs duty according to the tariff has been paid ; and should it be found that this has not or has only partly been paid, the sender or receiver shall be liable to the punishment stated in this Law. 19. Goods imported by rail, per coach, or other means of conveyance, cannot be delivered by the agents who receive same without production of permit from the Customs Collector, or must be placed by them in the Government Bonding Store. 20. Any declaration, cither verbal or in writing, on oatli or not, taken before a Customs Collector, and being found to be untrue and made with the object of evading the law on import dut}', shall be punishable as stated hereafter in this La^^•. 21. An importer of goods is liable and punish- able criminally for any contravention of this Law by a person or persons acting in his place or on his behalf, such person or persons at the same time remaining liable in the same way. 22. Dealers or ouners of a general store, hotel, canteen, commercial houses, companies, or manu- facturers, carrying on business ^^•ithin this State, must keep proper books, and must have at hand the way-bills, invoices, and other documents, stating all E z 52 THE TRANSVAAL particulars with regard to goods imported and sold, so that they shall at all times be open for inspection by the Customs Collector, and may, if necessary, be taken in execution by him. In case of non-compliance herewith, the defaulting person or persons shall be punishable according to this Law. 23. Any person offering goods for sale, or con- veying, or having same in his possession, or having sold same, or having entered same in his books and documents, as mentioned in the preceding article, shall be compelled, at the request of the Customs Collector, to produce the proofs from where the goods came, and where the Customs duties have been paid, as also the date of such payment, the marks and numbers of the cases, packages, bales, &c., which must agree with the produced documents of Customs duties paid. 24. In cases of any doubt as to payment of Customs dues or legality of importation of goods appearing in the books, documents, &c., as men- tioned in Art. 22, or of goods being taken in execution, or retained on account of non-payment of Customs duty, or for any other reason, then such facts will have to be proved by the owner, importer, or receiver of such goods, and not by the official who makes the inquiry or causes prosecution. 25. Goods imported from a foreign country, and arriving and being off-loaded to be sent further, shall be stored in the Government Bonding Warehouse, or if there is not one at hand, then in a place approved of by the Customs Collector. The person receiving IMPORT DUTIES 53 permit for such temporary storage shall be held liable for the Customs duty. On re-loading, the permit of the Customs Collector will again be required. 26. Every official entrusted with the collection shall have the right to retain and store goods on which the Customs duty is not immediately paid, and to charge the party failing to pay with cost of storage and safe keeping of the goods. 27. At such places where a Government Bonding Store is established not more than i^d. per 100 lbs. per diem may be charged, and at other places for every 1,000 lbs. not more than 5i-. per diem, exclusive of the cost of off-loading and carrying in. For calcu- lation of the last costs of carrying and safe keeping, the real amounts paid therefor shall be taken as a basis. 28. The official in trust with the collection of Customs duty shall exercise all care for the proper storage of such goods, but the parties interested will have no claim against any official or the Government for damages arising therefrom. 29. If within the period of two months the Customs duty due, together with the costs of storage, is not paid at the office of the official entrusted with the collection of Customs duty, or if he has not re- ceived notice that such dues have been paid at some other place, according to the stipulations of this Law, the goods shall be sold publicly on account and at the risk of him whom it may concern, in order to cover the duty and all costs on such stored 54 THE TRANSVAAL goods, and the balance shall be placed in the hands of the Treasurer-General until such time as the interested party shall claim the same, with the understanding that no interest will be paid on the proceeds of such sale. Goods of little value, liable to spoil, or whereof the proceeds will ncjt be suffi- cient to cover the Customs dut}', and further costs thereon, or goods which are refused by the owner or consignee, or which he is unwilling to receive, or of which the owner has gone away, may, in order to prevent further cost, be publicly sold as soon as possible, but not, however, without publication. 30. Government will itself have the right to erect warehouses or bonding stores for that purpose, or to make agreements with regard thereto with private persons, and to fix further tariffs for the costs of storage of the different goods in such warehouses, which will be called Government entrepots. No cases, packages, or casks, &c., stored in Government entrepots may be opened for the purpose of taking out any portion of the contents \\-ithout the consent of the Customs Collector. 31. For the convenience of dealers and shop- keepers who are not in the position to pay the Customs duty on the goods imported by them imme- diately after arrival, the Government shall allow them to erect fit and proper warehouses or bonding stores, to be called private entrepots, on their own properties and at their own cost, wherever the Government may think fit, in which such goods, after clearing, can be kept at the risk of the dealers or shopkeepers, until IMPORT DUTIES 55 such time as they wish to use, sell, or despatch such floods, or portion thereof, when they shall imme- diately pay the Customs duty on these goods, or por- tion thereof. The said private entrepots shall be provided with two locks, with different ke}'s, one of which shall remain with the Government official ap- pointed for that purpose, the other with the dealer or shopkeeper. For the due payment of the Customs duty, security will have to be given to the satisfaction of the Government. If the goods so stored are not released from these warehouses within six months after having been placed there, the Customs duty due to Government will haxe to be paid according to law ; for non-compliance such goods shall be sold by public auction after proper publication ; the proceeds of same shall be handed over to the owner of these goods after deduction of Customs duties and other costs due. On all goods stored in such private entre- pots an extra duty of 5 per cent, on the Customs duty is charged when released. 32. The security for the due payment of the Customs duty on goods kept in a private entrepot shall consist of the principal, with two other securi- ties, each for the sum of 500/., which sureties must possess sufficient immo\able property. If the amount of Customs dues on goods stored in the entrepot exceeds two-thirds of the security, then a higher security in proportion must be given. Government has the right at any time to abolish a private entrepot when proof is produced that the owner of any private entrepot has committed a contravention. §6 TiiK Tk a:\svaal 33. The holder of a private entrepot shall be entitled to have the entrepot opened once a week, free of cost, by the Customs Collector ; if more often, the Customs Collector can charge him a sum not exceed- ing IS. for each unlocking. The Inspector-General of Customs has the right, according to circumstances, to extend the time of unlocking. The unlocking of private and Government entrepots shall take place in summer from 7 A.M. till 12 noon, and from 2 P.M. till 5 P.M. ; in winter from 8 A.M. till i P.M., and from 2 P.M. till 4 P.M., excluding Sundays, Church and Government holidays. 34. No cigars may be imported except in boxes of twenty-five in number, or a multiple thereof, not exceeding 500 in number, and no cigarettes except in boxes or packets of 100 or 500. No cigars may be sold except in or out of boxes, and no cigarettes except in or out of boxes or packets supplied with the Government band, which band shall be given gratis by the Customs Collector after payment of the Customs duty. 35. All boxes of cigars and all boxes or packets of cigarettes, except those placed in bond, must im- mediately on receipt have this band with the date marked thereon pasted on them by or in the presence of the Customs Collector, and in such manner that the box or packet cannot be opened without the band being damaged. 36. Any person selling or having in his possession boxes of cigars, boxes or packets of cigarettes, on which the Government band does not appear, or imported IMPORT DUTIES 57 cigars without boxes, or cigarettes without boxes or packets, or re-packing and seUing in or out of boxes or packets supplied with a band and already pre- viously used, or selling or having in his possession such empty boxes or packets with a Government band on them, is liable to the penalty mentioned hereafter. All cigars and cigarettes without a band and being found in the possession of any person, whether in boxes, packets, or loose, and whether imported before or after the date of the Law taking effect, such person shall fall under the penalty im- posed by this Law. 37. For cigars and cigarettes manufactured in this State bands will be supplied by the Customs Collector on payment of 2s. 6d. per 100 in number. The band shall be provided with the manufacturers' mark and the date of sale. No cigars manufactured in this State shall be sold except in or out of boxes provided with a Government band. The use of these bands, otherwise than for own manufacturing or for imported cigars or cigarettes, shall be punishable with a fine, as mentioned hereafter, or imprisonment, and confiscation of the cigars or cigarettes. 38. Goods liable to spoil, and arriving in a spoilt condition, are free of the payment of Customs duty, provided, immediately on receipt, notice thereof is given to the Customs Collector, and they be de- stroyed in his presence. 39. The Customs duty due on imported goods and the fines levied shall be a first claim on all goods and properties of the party liable for the duty, and the 58 THE TRANSVAAL Government will have preference on all goods and properties of the party liable for pa}'ment on which Customs duty is paj'able. Regulations for the Officials charged with the Carrying out of this Law. 40. The Government appoints an Inspector- General, who is charged with the general supervision of the proper collection of the Customs duty. He receives all the instructions from the Executive, and accounts for his administration according to the general instructions. 41. The Inspector-General shall be obliged to hand in annually before the ist of Eebruary to the Treasurer-General a statement of the probable re- venue and expenditure of his department for the current year, together with such proposals for altera- tions or amendments as he shall think fit, and which shall be laid before the Honourable Volksraad. 42. The Inspector-General or his assistant has at all times access to the offices and buildings belonging to his department, and the officials of his department shall be obliged to show or send their books and other documents whenever required to do so by the Inspector-General. 43. The Inspector- General or his assistant shall, as often as is required, inspect the different offices and buildings belonging to his department, in order to assure himself of the proper administration thereof. 44. The Government appoints Custom Collectors ; REGULATIONS FOR OFFICIALS 59 they arc under the instructions and the orders of the Inspector-General, and account monthly for their administration, according to the regulations laid down in the General Instructions. 45. The Government shall place Collectors for the collection of Customs duty at the places they con- sider proper, and fix the instructions for the officials charged with such collection. 46. If a Customs Collector or any of his clerks accepts any fee or reward (exclusive of that which he is entitled to according to law) by which the Treasury suffers loss, he shall, if convincing proof be produced, be fined in proportion to the contravention; and discharged from his office. The person offering or giving such fee or reward, with the above object, shall be punished with a fine, as mentioned hereafter. 47. Every official charged with the collection of Customs duty shall send in monthly through the Landdrost, Civil Commissioner, and Mining Com- missioner, to the Inspector-General and Treasurer- General, statements of all moneys collected and received by him, including all vouchers as shall be necessary for information, explanation, or proof. 48. The Inspector-General shall every month make up statistics of the quantity and nature of the goods imported, to be published in the Staats-courant. 49. Every official charged with the collection of Customs duty shall be bound to keep the following books in proper order : — (rt) Of all persons, dealers, and carriers who import goods into or convey same through Co THE TRANSVAAL this State, cither for their own use or for trade, stating the numbers of wagons laden with merchandise, from where they come and whither they are going, the number of the way-bills, the names of the senders and the consignees, the weight and the nature of the goods, &c. (/-') A register of the way-bills, accounts, or re- ceipts presented to him, and to take an extract of them. (r) A book of all the duty and costs collected and received by him, and account for all moneys weekly to the Landdrost, Civil Commissioner, and Mining Commissioner of his district, in places where there is no bank (where in that case he must deposit daily), or in such place or office as shall be ordered by the Treasurer-General, while the Customs Collector in the outlying dis- tricts must, however, pay over in such manner as may be prescribed monthly, before the 25th of each month, the moneys received. (d) A register of all bands given out for cigars and cigarettes, with the date, name to whom given out, the number, kind, and date of stamping, which bands the Customs Collector in the villages shall, on applica- tion, issue to the Customs Collector in the different wards of the district of the gold- fields where he is resident. REGULATIONS FOR OFFICIALS 6i 50. The official charged with the collection of Customs duty or the supervision thereof shall stamp all way-bills and take a copy or extract thereof, and immediately send the same to the Landdrost of the district where the receiver of the goods imported is resident, or where the goods are to be off-loaded. The Customs Collector on the border shall be on duty from sunrise till one hour after sunset. He shall have two hours for his disposal, from 8 A.M. to 9 A.M., and from 12 P.M. to i P.M. The remaining time shall be at the service of the public. 51. The Customs Collector shall immediately give notice to the Landdrost or Mining Commis- sioner of his district of the arrival of inflammable material or explosives, as specified in Government Notice No. 307, Staats-coiirant, dated October 2 1889. (Regulation for the storage thereof) 52. Every Customs Collector or other official charged with the supervision of the regular collection of Customs duty is charged to demand from any person whom he finds in his district with merchan- dise imported or destined for persons resident in his district or in this State, to produce the proof of clearance of his stamped way-bills, or of receipts or any other proof of the value ; at refusal, or on finding that these are not stamped by the official appointed by the Government for that purpose, he shall be obliged to bring immediately such a carrier or private person Ibefore the Landdrost of that dis- trict, and shall lay a charge of contravention, unless such a person can produce proof, as mentioned in 62 THE TRANSVAAL Article 6. On conviction he shall be entitled to a reward according to this Law. 53. In case it appears to the Customs Collector, or if he has suspicions that the prices of the goods imported are calculated below the market value of the place where they were sent from, such an official shall have the right to have such goods valued by two experts, one of whom shall be appointed by the head of the department, and the other by the importer, and these two shall appoint a referee before starting the enquiry, whose decision, in case these two persons fail to agree, shall be final. If these two persons cannot agree to the appointment of a referee, such one shall be appointed by the Landdrost of the district in the boundaries of which the goods have been imported. In case the valuation does not take place within three days after notice has been given, through the importer failing to appoint an expert, then the decision of the expert appointed by the head of the department shall be regarded as final. Contravention of this Law shall be punished as follows : — In case it appears that in this Article men- tioned experts or referee valuate 15 to 25 per cent, above the price declared by the importer, then the importer shall have to pay, besides the duty due calculated according to the decision of the experts, a fine of the same amount ; the amount of three times the import duty shall be imposed as a fine, besides the duty on the valuation due, in case the goods are valued 26 to 50 per cent, above the price de- clared by the importer ; and in case the valuation is REGULATIONS FOR OFFICIALS 63 more than 50 per cent, above the price declared by the importer, a fine shall be imposed of five times the duty due, and the goods shall be confiscated. On non-payment, imprisonment with or without hard labour shall be inflicted in proportion as prescribed in Letters a, b, c of Article 64 ; these punishments, however, shall not be imposed if the importer can prove that the value declared by him is the real price paid by him. 54. He shall deposit these goods in the Govern- ment entrepot, or in another place, and shall have them taken care of until the import duties and costs are paid. 55. The Customs Collectors shall have the right to search all goods imported into the Republic, to convince themselves of the truth of the statements. For this purpose they can at any time have the goods off-loaded from the wagons ; however, they are responsible at the off-loading, &c., if same arc damaged, and in case the Customs Collector treats such persons unjustly, he may be reported immediately to the Government, and having been found guilty, he may be punished with a fine nut exceeding 25/., and dismissed from the service. Ihe Inspector-General and all Customs Collectors may at their own risk appoint deputies, who shall have the same powers as those given to Customs Collectors by this Law. This printed appointment must be given under the signature and seal and at the risk of the officials mentioned, according to the form as mentioned hereafter under Schedule A. 64 THE TRANSVAAL 57. They shall have the right to enter all reposi- tories of merchandise or any other goods, or any building, apartment, or place where there is suspicion of goods being hidden, and to search the goods, and on discovering that there are goods on which the import dues have not been paid, to immediately seize the goods, and take the necessary steps according to law. The owner of this repository shall be respon- sible for the goods hidden therein, and shall, without delay, furnish the Customs Collector with all informa- tion regarding these goods. The Customs Collector shall have the right to search any person when there is any suspicion that the Customs Law is being evaded. A female person shall be searched by a woman. 58. Every official charged with collection of duty shall, in and for the administration of his office, be at the same time a J. P. 59. The Government can give a share, not exceeding one half of the imposed and paid fines, to the informer. 60. The Landdrost, Special and Assistant Land- drosts, and the Mining Commissioners shall have special jurisdiction over all contraventions of this law. The State Attorney, however, shall be entitled to prosecute any transgressor of this Law before any Circuit Court, or the High Court of this Republic. 61. None of the stipulations in regard to fines will protect the offender from criminal prosecution for any fraud, omission, negligence, or unwillingness with regard to this Law. REGULATIONS FOR OFFICIALS 65 62. This Law will not affect any agreement or treaties entered into or to be entered into with any- foreign Powers. 62. The State President, with the advice and consent of the Executiv^e Council, shall have the power to draw up rules and regulations to regulate any matter specified in, or for the carrying out of this Law, providing the same do not contradict this or any other Law. The State President, after having consulted the State Attorney and the Inspector- General, shall have the power to accept the highest fine imposed by Law from any offender. 64. Contravention of the stipulations of this Law shall be punished as follows : — (a) With a fine equal to five times the amount of import duties due, or on non-payment, imprisonment, with or without hard labour, not exceeding twelve (12) months, and confiscation of the goods, the contravention of the Articles i, 2, 3, 6, 8, 13, 18, 23, 34, 35, 36, and 57. (d) With a fine not exceeding 500/. (five hundred pounds), and on non-payment, imprison- ment, with or without hard labour, not exceeding twelve (12) months, the contra- vention of the Articles 9, 10, 11, 19, 22, and 46. (r) With a fine not exceeding 50/. (fifty pounds sterling), and on non-payment, imprison- ment, with or without hard labour, not F ee THE TRANSVAAL exceeding one month, the contravention of the Articles 4, 5, 12, 14, 17, 20, 25, and 37, as also all other contraventions, for which no special punishment is fixed. 65. All Laws in conflict with this Law are hereby repealed. G^. The amended and additional Articles of this Law will come into force on the 15th of July, 1894. Netherlands South African Railway Company (Railway from Delagoa Bay to the South African Repubhc) Freights may be paid either at the station of despatch or at the station of destination. Payment of import duties levied by the South African Republic can be made on arrival at Pretoria and Johannesburg, also when the clearing has taken place at Lourengo Marques. The Regulations and Special Regulations passed and ratified by the Government of the South African Republic are applicable to this traffic. Tariffs The through Traffic Tariffs from Lourengo Mar- ques to the various stations in the South African Republic are as follows per 100 lbs. : — J3 .S2 rt .2 •s :^ Stations )ds with a ISl ;ht of s tons tr Consignm der's Risk te Class wit Charge of i ;ignment, at ompany's R Normal Goods, with , Minimum Charge of 1 per Consignment at Railway Company's R .S 4) E rt '/I _C ui Rough Goc mum Weig 20OO lbs. pi at Sen Intermedie J, Minimum per Cons Railway C Colli (small mum CI per Con Railway C d. d. d. Komatipoort 14 19 19 22 Hactor.spruit 1 16 25 25 28 Kaapmuidcn 20 32 32 35 Krokotlilpoorl . 22 35 35 38 Nelspruit . 24 40 40 43 Alkmaar . 26 43 43 46 Elandshoek 28 47 47 50 Godwanrivier . 29 50 50 53 Nooit Gedachi . 30 53 53 56 Waterval Ondci- 32 56 56 59 Waterval Boven 33 57 57 60 Machadodorp . 34 60 60 63 Dalmanutha 35 62 62 65 Belfast . 37 65 65 68 Wonderfontein . 39 69 69 72 Pan . 41 72 74 n Middelburg : 43 — 78 81 Olifantsriveir . 45 — 82 85 Brugspruit 47 — 84 89 Balmoral . 49 — — 92 Bronkhorslspruit 50 — — 97 Elandsrivier — — lOI Eerste Fabrieken — — 105 Pretoria — . — — 109 Irene Kaalfontein A Tunerfontein 10 00 Springs i a c d Brakpan ► .2 _o .2 Boksburg . rt 3 rt KrugerscTorp M t« "Sj Roodeport 1 "rt 13 Maraisburg _o _o Johanneb. (Braamf. ) 1^ Johannesb. (Kazerne. ) 1 ^ ■5 X Elandsfontein . 1 1-4 1.4 <^ Natalspriut 1 -a -a 'T3 Kliprivier . 1 c < C Meijerton Vereeniging 6S THE TRANSVAAL The goods of the intermediate class and the normal goods can be convc}-ed at sender's risk from LoLirenco Llarques to the stations between Lourenc^o Marques and Middelburg, Middelburg included, at a rcductiot: of 5 per cent. Special tariffs have been fixed : 1st. For grain from Delagoa Bay to Pretoria and Johannesburg, and vice versa, per 100 lbs., 5^-. 2nd. For coal from any station to any station between station at Balmoral and Louren^o Marques, I2J". per toil of 2,000 lbs., provided empty wagons arc obtainable. In all the above-mentioned tariffs the cartage costs at Pretoria and Johannesburg are included. Customs Tariff All goods imported through Lourenco Marques, the port of Delagoa Bay, for the Transvaal are subject to a transit duty of 3 per cent, except the following articles, which are entirely free from any transit duty, viz. : — Animals (living), concrete, lime, bank notes or other paper currency and coin specie, reading and music books, maps and printed school requisites, ncwspaperSj pamphlets and periodicals, coal and coke, boats, grain bags of Portuguese produce, fresh fruit, tree, flower and vegetable seeds, ice, tools, music and other instruments, bricks and stones for building, flour, mealie meal, mining and agricultural machinery. BRITISH SOUTH AFRICA COMPANY 69 All goods arriving here free of duty must be cleared within twenty-four hours ; all other goods subject to 3 per cent, transit duty must be cleared within three months after arrival of vessel, without being subject to an extra charge. Transit duty is payable on total invoice amount, including freight and other charges ; if invoice only shows net value, 25 per cent, will be added to this amount. There are no wharfage dues payable at this port. British South Africa Company Though, strictly speaking, the Chartered Company • — or, to give it its full title, the British South Africa Company — has, or should have had, nothing to do with the Transvaal, no apology is needed, in the light of recent events, for laying its Charter, obtained on October 29, 1889, before the public. The following is the full text :— Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To all whom these presents shall come, greeting. Whereas, a humble petition has been presented to us in our council by the most Noble James, Duke of Abercorn, Companion of the most honourable Order of the Bath ; the most Noble Alexander William George, Duke of Fife, Knight of the most ancient and most noble Order of the Thistle, Privy Coun- 70 THE TRANSVAAL cillor ; the Right Honourable Edric I'Vederick, Lord Gifford, V.C. ; Cecil John Rhodes, of Kimberley, in the Cape Colony, Member of the Executive Council, and of the House of Assembly of the Colony of the Cape of Good Hope ; Alfred Beit, of 29 Holborn Viaduct, London, merchant ; Albert Henry George Grey, of Howick, Northumberland, esquire ; and George Cawston, of 18 Lennox Gardens, London, esquire, barrister-at-law. And whereas the said petition states amongst other things : — That the Petitioners and others are associated for the purpose of forming a company or association, to be incorporated, if to us should seem fit, for the objects in the said petition set forth under the cor- porate name of the British South Africa Company. That the existence of a powerful British compan}', controlled by those of our subjects in whom we have confidence, and having its principal field of operations in that region of South Africa lying to the north of Bechuanaland and to the west of Portuguese East Africa, would be advantageous to the commercial and other interests of our subjects in the United King- dom and our Colonies. That the petitioners desire to carry into effect divers concessions and agreements which have been made by certain of the chiefs and tribes inhabiting the said region, and such other concessions, agree- ments, grants, and treaties as the petitioners may hereafter obtain within the said region or elsewhere in Africa, with the view of promoting trade, com- BRITISH SOUTH AFRICA COMPANY 71 mcrce, civilisation, and good government (including the regulation of liquor traffic with the natives) in the territories which arc or may be comprised, or referred to in such concessions, agreements, grants, and treaties as aforesaid. That the Petitioners believe that if the said con- cessions, agreements, grants, and treaties can be carried into effect, the condition of the natives inhabiting the said territories will be materially improved and their civilisation advanced, and an organisation established which will tend to the sup- pression of the slave trade in the said territories, and to the opening up of the said territories to the immi- gration of Europeans, and to the lawful trade and commerce of our subjects and of other nations. That the success of the enterprise in which the Petitioners are engaged would be greatly advanced if it should seem fit to us to grant them our Royal Charter of incorporation as a British company under the said name or title, and with such powers as to us may seem fit for the purpose of more effectually carrying into effect the objects aforesaid. That large sums of money have been subscribed for the purpose of the intended company by the Peti- tioners and others, who are prepared also to subscribe or to procure such further sums as may hereafter be found requisite for the development of the said enter- prise, in the event of our being pleased to grant to them our Royal Charter of incorporation as aforesaid. Now, therefore, we having taken the said Petition into our Royal consideration in our Council, and being 72 THE TRANSVAAL satisfied that the intentions of the Petitioners arc praiseworthy and deserve encouragement, and that the enterprise in the petition described may be pro- ductive of the benefits set forth therein, by our Pre- rogative Royal and of our especial grace, certain knowledge and mere motion, have constituted, erected, and incorporated, and by this our Charter for us and our heirs and royal successors do constitute, erect, and incorporate into one body, politic and corporate, by the name of The British South Africa Company, the said James Duke of Abercorn, Alexander William George Duke of Fife, Edric Frederick Lord Gifford, Cecil John Rhodes, Alfred Beit, Albert Henry George Grey, and George Cawston, and such other persons and such bodies as from time to time become and are members of the body, politic and corporate, by these presents constituted, erected and incorporated with perpetual succession and a common seal, with power to break, alter, or renew the same at discretion, and with the further authorities, powers, and privi- leges conferred, and subject to the conditions imposed by this our Charter : And we do hereby accordingly will, ordain, give, grant, constitute, appoint, and declare as follows (that is to say) : — I. The principal field of the operations of The British South Africa Company (in this our Charter referred to as ' the Company ') shall be the region of South Africa lying immediately to the north of British Bechuanaland, and to the north and west of the South African Republic, and to the west of the Portuguese Dominions. BRITISH SOUTH AFRICA COMPANY 73 2. The Company is hereby authorised and em- powered to hold, use, and retain for the purposes of the Company and on the terms of this our Charter, the full benefit of the concessions and agreements made as aforesaid, so far as they are valid, or any of them, and all interests, authorities and powers com- prised or referred to in the said concessions and agreements. Provided always that nothing herein contained shall prejudice or affect any other valid and subsisting concessions or agreements which may have been made by any of the chiefs of the tribes aforesaid. And in particular that nothing herein contained shall prejudice or affect certain concessions granted in and subsequent to the year 1880, relating to the territory usually known as the District of the Tati, nor shall anything herein contained be construed as giving any jurisdiction, administrative or otherwise, within the said District of the Tati, the limits of which District are as follow : from where the Shasi River rises to its junction with the Tati and Ramaquaban Rivers, thence along the Ramaquaban River to where it rises, and thence along the watershed of those rivers. 3. The Company is hereby further authorised and empowered, subject to the approval of one of our principal Secretaries of State (herein referred to as ' Our Secretary of State '), from time to time, to acquire by any concession, agreement, grant, or treaty, all or any rights, interests, authorities, jurisdictions, and powers of any kind or nature whatever, including powers necessary for the purposes of government, and 74 THE TRANSVAAL the preservation of public order in or for the protec- tion of territories, lands, or property, comprised or referred to in the concessions and agreements made as aforesaid or affecting other territories, lands, or property in Africa, or the inhabitants thereof, and to hold, use, and exercise such territories, lands, pro- perty, rights, interests, authorities, jurisdictions and powers respectively for the purposes of the Company and on the terms of this our Charter. 4. Provided that no powers of government or administration shall be exercised under or in relation to any such last-mentioned concession, agreement, grant or treaty in such form and with such maps or particulars as our Secretary of State approves, veri- fied as he requires, has been transmitted to him, and he has signified his approval thereof cither absolutely or subject to any conditions or reservations. And provided also that no rights, interests, authorities, jurisdictions, or powers of any description shall be acquired by the Company within the said District of the Tati as hereinbefore described without the pre- vious consent in writing of the owners for the time being of the concessions above referred to relating to the said District, and the approval of our Secretary of State. 5. The Company shall be bound by and shall fulfil all and singular the stipulations on its part contained in any such concession, agreement, grant, or treaty as aforesaid, subject to any subsequent agreement affect- ing those stipulations approved by our Secretary of State. BRITISH SOUTH AFRICA COMPANY 75 6. The Company shall always be and remain British in character and domicile, and shall have its principal office in Great Britain, and the Company's principal representative in South Africa, and the Directors shall always be natural born British sub- jects or persons who have been naturalised as British subjects by or under an Act of Parliament of our United Kingdom; but this Article shall not disqualify any person nominated a Director by this our Charter, or any person whose election as a Director shall have been approved by our Secretary of State, from acting in that capacity. 7. In case at any time any difference arises between any chief or tribe inhabiting any of the territories aforesaid and the Company, the difference shall, if our Secretary of State so require, be sub- mitted by the Company to him for his decision, and the Company shall act in accordance with such decision. 8. If at any time our Secretary of State thinks fit to dissent from or object to any of the dealings of the Company with any foreign power, and to make known to the Company any suggestion founded on that dissent or objection, the Company shall act in accordance with such suggestion. 9. If at any time our Secretary of State thinks fit to object to the exercise by the Company of any authority, power or right within any part of the terri- tories aforesaid, on the ground of there being an adverse claim to or in respect of that part, the Com- pany shall defer to that objection until such time as 76 THE TRANSVAAL any such claim has been withdrawn or finally dealt with, or settled by our Secretary of State. 10. The Company shall, to the best of its ability, preserve peace and order in such ways and manners as it shall consider necessary, and may with that object make ordinances (to be approved by our Secre- tary of State), and may establish and maintain a force of police. 11. The Company shall, to the best of its ability, discourage and, so far as may be practicable, abolish by degrees, any system of slave trade or domestic servi -ide in the territories aforesaid. 12. The Company shall regulate the traffic in spirits and other intoxicating liquors within the terri- tories aforesaid, so as, as far as practicable, to prevent the sale of any spirits or other intoxicating liquor to any natives. 13. The Company as such, or its officers as such, shall not in any way interfere with the religion of any class or tribe of the peoples of the territories afore- said, or of any of the inhabitants thereof, except so far as may be necessary in the interests of humanity, and all forms of religious worship or religious ordi- nances may be exercised within the said territories, and no hindrance shall be offered thereto except as aforesaid. 14. In the administration of justice to the said peoples or inhabitants, careful regard shall always be had to the customs and laws of the class, or tribe, or nation to which the parties respectively belong, especially with respect to the holding, possession. BRITISH SOUTH AFRICA COMPANY 77 transfer, and disposition of lands and goods, and testate or intestate succession thereto, and marriage, divorce, and legitimacy, and other rights of propert}', and personal rights, but subject to any British laws which may be in force in any of the territories afore- said, and applicable to the people or inhabitants thereof. 15. If at any time our Secretary of State thinks fit to dissent from or object to any part of the pro- ceedings or system of the Company relative to the peoples of the territories aforesaid, or to any of the inhabitants thereof, in respect of slavery, or religion, or the administration of justice, or any other matter, he shall make known to the Company his dissent or objection, and the Company shall act in accordance with the directions duly signified. 16. In the event of the Company acquiring any harbour or harbours, the Company shall freely afford all facilities for or to our ships therein without pay- ment, except reasonable charges for work done or services rendered, or materials or things supplied. 17. The Company shall furnish annually to our Secretary of State, as soon as conveniently may be after the close of the financial year, accounts of its expenditure for administrative purposes, and of all sums received by it by way of public revenue, as dis- tinguished from its commercial profits, during the financial year, together with a report as to its public proceedings, and the condition of the territories within the sphere of its operations. The Company shall also on or before the commencement of each 78 THE TRANSVAAL financial year furnish to our Secretary of State an estimate of its expenditure for administrative pur- poses, and of its public revenue (as above defined) for the ensuing year. The Company shall in addition from time to time furnish to our Secretary of State any reports, accounts, or information which he may require to be furnished. 1 8. The several officers of the Company shall, subject to the rules of official subordination and to any regulations that may be agreed upon, com- municate freely with our High Commissioner in South Africa and any others our officers who may be stationed within any of the territories aforesaid, and shall pay due regard to any requirements, suggestions, or requests which the High Commis- sioner or other officers shall make to them, or any of them, and the Company shall be bound to enforce the observance of this Article. 19. The Company may hoist and use on its buildings and elsewhere in the territories aforesaid, and on its vessels, such distinctive flag indicating the British character of the Company as our Secretary of State and the Lords Commissioners of the Admi- ralty shall from time to time approve. 20. Nothing in this Our Charter shall be deemed to authorise the Company to set up or grant any monopoly of trade ; provided that the establishment of or the grant of concession for banks, railways, tramways, docks, telegraphs, waterworks, or other similar undertakings, or the establishment of any system of patent or copyright approved by our BRITISH SOUTH AFRICA COMPANY 79 Secretary of State, shall not be deemed monopolies for this purpose. The Company shall not, either directly or indirectl}', hinder any Company or persons who are now or hereafter may be carrying on law- fully and peacefully any business, concern, or venture within the said District of the Tati hereinbefore described, but shall, by permitting and facilitating transit by every lawful means to and from the District of the Tati across its own territories or where it has jurisdiction in that behalf, and by all other reasonable and lawful means, encourage, assist, and protect all British subjects who now are or here- after may be lawfully and peacefully engaged in the prosecution of a lawful enterprise within the said District of the Tati. 21. For the preservation of elephants and other game, the Company may make such regulations and (notwithstanding anything hereinbefore contained) may impose such licence duties on the killing or taking of elephants or other game as they may see fit ; provided that nothing in such regulations shall tend to diminish or interfere with any hunting rights which may have been, or may hereafter be, reserved to any native chiefs or tribes by treaty, save so far as any such regulations may relate to the establishment and enforcement of a close season. 22. The Company shall be subject to and shall perform and undertake all the obligations contained in or undertaken by ourselves under any treaty, agreement, or arrangement between ourselves and 8o THE TRANSVAAL any other State or Power whether already made or hereafter to be made. In all matters relating to the observance of this Article, or to the exercise within the Company's territories for the time being of any jurisdiction exercisable by us under the Foreign Jurisdiction Acts, the Company shall conform to and observe and carry out all such directions as may from time to time be given in that behalf by our Secretary of State, and the Company shall appoint all necessary officers to perform such duties, and shall provide such Courts and other requisites as may from time to time be necessary for the administration of justice. 23. The original share capital of the Company shall be 1,000,000/., divided into 1,000,000 shares of i/. each. 24. The Company is hereby further specially authorised and empowered for the purposes of this Our Charter from time to time : — (I.) To issue shares of different classes or descrip- tions, to increase the share capital of the Company, and to borrow moneys by debentures or other obli- gations. (II.) To acquire and hold, and to charter or other- wise deal with, steam vessels and other vessels, (III.) To establish or authorise banking companies and other companies, and undertakings or associa- tions of every description, for purposes consistent with the provisions of this Our Charter. (IV.) To make and maintain roads, railways, tele- graphs, harbours, and any other works \\'hich may BRITISH SOUTH AFRICA COMPANY 8i tend to the development or improvement of the territories of the Company. (V.) To carry on mining and other industries, and to make concessions of mining, forestal, or other rights. (VI.) To improve, develope, clear, plant, irrigate, and cultivate any lands included within the territories of the Company. (VII.) To settle any such territories and lands as aforesaid, and to aid and promote immigration. (VIII.) To grant lands for terms of years or in perpetuity, and either absolutcl}' or by way of mort- gage or otherwise. (IX.) To make loans or contributions of money or money's worth for promoting any of the objects of the Company. (X.) To acquire and hold personal property. (XI.) To acquire and hold (without licence in mortmain or other authority than this Our Charter) lands in the United Kingdom, not exceeding five acres in all, at any one time for the purposes of the offices and business of the Company, and (subject to any local law) lands in any of Our Colonies or Possessions and elsewhere, convenient for carrying on the management of the affairs of the Company, and to dispose from time to time of any such lands when not required for that purpose. (XII.) To carry on any lawful commerce, trade, pursuit, business, operations, or dealing whatsoever in connection with the objects of the Company. G 82 THE TRANSVAAL (XIII.) To establish and maintain agencies in Our Colonies and Possessions, and elsewhere. (XIV.) To sue and be sued by the Company's name of incorporation, as well in Our Courts in Our United Kingdom, or in Our Courts in Our Colonies or Possessions, or in Our Courts in foreign countries or elsewhere. (XV.) To do all lawful things, incidental or con- ducive to the exercise or enjoyment of the rights, interests, authorities, and powers of the Company in this Our Charter expressed or referred to, or any of them. 25. Within one year after the date of this Our Charter, or such extended period as may be certified by Our Secretary of State, there shall be executed by the Members of the Company for the time being a Deed of Settlement, providing so far as necessary for — (I.) The further definition of the objects and pur- poses of the Company. (II.) The classes or descriptions of shares into which the capital of the Company is divided, and the calls to be made in respect thereof, and the terms and conditions of Membership of the Company. (III.) The division and distribution of profits. (IV.) General meetings of the Company ; the appointment by Our Secretary of State (if so required by him) of an Official Director, and the number, qualification, appointment, remuneration, rotation, removal, and powers of Directors of the Company, and of other officers of the Compa-.y. BRITISH SOUTH AFRICA COMPANY 83 (V.) The registration of members of the Com- pany, and the transfer of shares in the capital of the Company. (VI.) The preparation of annual accounts to be submitted to the members at a General Meeting. (VII.) The audit of those accounts by independent auditors. (VIII.) The making of by-laws. - (IX.) The making and using of official seals of the Company. (X.) The constitution and regulation of Com- mittees or Local Boards of Management. (XI.) The making and execution of supple- mentary deeds of settlement. (XII.) The winding up (in case of need) of the Company's affairs. (XIII.) The government and regulation of the Company and of its affairs. (XIV.) Any other matters usual or proper to be provided for in respect of a Chartered Company. 26. The Deed of Settlement shall, before the execution thereof, be submitted to and approved by the Lords of Our Council, and a certificate of their approval thereof, signed by the Clerk of Our Council, shall be endorsed on this Our Charter, and be con- clusive evidence of such approval, and on the Deed of Settlement, and such Deed of Settlement shall take effect from the date of such approval, and shall be binding upon the Company, its members, officers, and servants, and for all other purposes whatsoever. 27. The provisions of the Deed of Settlement or G 2 84 THE TRANSVAAL of any supplementary deed for the time being in force, may be from time to time repealed, varied, or added to by a supplementary deed, made and exe- cuted in such manner as the Deed of Settlement prescribes. Provided that the provisions of any such deed relative to the Official Director shall not be repealed, varied, or added to without the express approval of our Secretary of State. 28. The members of the Company shall be indi- vidually liable for the debts, contracts, engagements, and liabilities of the Company to the extent only of the amount, if any, for the time being unpaid on the shares held by them respectively. 29. Until such Deed of Settlement as aforesaid takes effect the said James Duke of Abercorn shall be the President ; the said Alexander William George Duke of Fife shall be Vice-President ; and the said Edric Frederick Lord Gifford, Cecil John Rhodes, Alfred Beit, Albert Henry George Grey, and George Cawston shall be the Directors of the Company, and may, on behalf of the Company, do ail things neces- sary or proper to be done under this Our Charter by or on behalf of the Company. Provided always that, notwithstanding anything contained in the Deed of Settlement of the Company, the said James Duke of Abercorn, Alexander William George Duke of Fife, and Albert Henry George Grey shall not be subject to retire from office in accordance with its provisions, but shall be and remain Directors of the Company until death, incapacity to act, or resignation, as the case may be. BRITISH SOUTH AFRICA COMPANY 85 30. And Wc do further will, ordain, and declare that this Our Charter shall be acknowledged by Our governors, and Our naval and military officers, and Our consuls, and Our other officers in Our Colonies and Possessions, and on the high seas and elsewhere, and they shall severally give full force and effect to this Our Charter, and shall recognise and be in all things aiding to the Company and its officers. 31. And We do further will, ordain, and declare that this Our Charter shall be taken, construed, and adjudged in the most favourable and beneficial sense for and to the best advantage of the Company, as well in Our Courts as in Our United Kingdom, and in Our Courts in Our Colonies and Possessions, and in Our Courts in foreign countries or elsewhere, not- withstanding that there may appear to be in this Our Charter any non-recital, mis-recital, uncertainty, or imperfection. 32. And We do further will, ordain, and declare that this Our Charter shall subsist and continue valid notwithstanding any lawful change in the name of the Company or in the Deed of Settlement thereon, such change being made with the previous approval of Our Secretary of State signified under his hand. 33. And We do further will, ordain, and declare that it shall be lawful for us. Our heirs and suc- cessors, and We do hereby expressly reserve to Ourselves, Our heirs and successors, the right and power by writing under the General Seal of the United Kingdom at the end of twenty-five years from the date of this Our Charter, and at the end of 86 THE TRANSVAAL every succeeding period of ten years, to add, to alter, or repeal any of the provisions of this Our Charter, or to enact other provisions in substitution for or in addition to any of its existing provisions. Provided that the right and power thus reserved shall be exer- cised only in relation to so much of this Our Charter as relates to administrative and public matters. And We do further expressly reserve to Ourselves, Our heirs and successors, the right to take over any build- ings or works belonging to the Company, and used exclusively or mainly for administrative or public purposes, on payment to the Company of such reasonable compensation as may be agreed, or as, failing agreement, may be settled by the Commis- sioners of Our Treasury. And We do further appoint, direct, and declare that any such writing under the said Great Seal shall have full effect and be binding upon the Company, its members, officers, and servants, and all other persons, and shall be of the same force, effect, and validity as if its provisions had been part of and contained in these presents. 34. Provided always, and we do further declare that nothing in this Our Charter shall be deemed or taken in anywise to limit or restrict the exercise of any of Our rights or powers with reference to the protection of any territories, or with reference to the government thereof, should we see fit to include the same within our dominions. 35. And we do lastly will, ordain, and declare, without prejudice to any power, to repeal this Our Charter by law belonging to us. Our heirs and sue- BRITISH SOUTH AFRICA COMPANY 87 ccssors, or to any of Our Courts, ministers, or officers independently of this present declaration and reser- vation, that in case at any time it is made to appear to us in Our Council that the Company has substan- tially failed to observe and conform to the provisions of this Our Charter, or that the Company is not exercising its powers under the concessions, agree- ments, grants, and treaties aforesaid, so as to advance the interests which the Petitioners have represented to us to be likely to be advanced by the grant of this Our Charter, it shall be lawful for us, our heirs, and successors, and we do hereby expressly reserve and take to ourselves. Our heirs and successors, the right and power by writing under the Great Seal of Our United Kingdom to revoke this Our Chaltcr, and to revoke and annul the privileges, powers, and rights thereby granted to the Company. In Witness whereof, We have caused Our Letters to be made patent. Latest Law on High Treason The latest Law on High Treason in the South African Republic is laid down in Section 148 of the Gold Act, Law No. 19 of 1895, which only came into force as recently as last November. That section says : — ' Every person who, within the boundaries of a proclaimed field, makes himself guilty of insurrection, revolt, rebellion, or any unlawful opposition (or re- sistance) against the Government or lawful authority 8S THE TRANSVAAL on the fields, shall o\or and abo\e the punishment provided for such breach, forfeit in favour of the State all his rights and property on the said fields. The person or persons upon whose information any- body is found guilt)' of any of the above offences shall be entitled to one-half of the \alue of the confiscated property.' THE END PRINTED BY SP0TTI3W00DE AND CO., NEW-STREET SQUARE LONDON [ITov. :§95. L!ST OF BOOKS PUBLISHED BY CHATTO & WIND 214 PICCADILLY, LONDON, W. S About (Edmond).— The Fellah: An Egyptian Novel. 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Two Little Wooden Shoes. Moths. Bimbi. Pipistrello. A 'Village Commane, Wanda. Othn.ar. Frescoes. In Maremma. Guilderoy. Ruffino. Syrlln. Santa Barbara. Ould.is V/isdom, Wit, and Pathos. By MARGARET AGNES PAUL. Gentle and Simple. By C. L. PIRKIS. Lady Lovelace. By EDGAR A. POE. The Mystery of Marie Roget. By Mrs. CAAIPBELL PRAED. The Romance of a Station. The Soul of Countess Adrian. Outlaw and Lawmaker. By E. C. PRICE. Valentina. I Mrs. Lancaster's Rival. The Foreigners. | Gerald. By RICHARD PRYCE. "- Miss Maxwell's Afiection3, 32 CHAtTO & WINDUS, PUBLISHERS. PlCCAbJLLV. Two-Shilling Novrls — continued. By JAMliS PAYN. Bentlnck's Tutor. ""' "' " Murphy 8 Masocr. A County Family. At Her Mercy. Cecils Trynt. The Clyffards of Olyllo The Foster Brothers. Found Dead. The Best of Husbands. Walter's Word. Halves. Fallen Fortunes. Humorous Stories. £200 Reward, A Marine Residence. Mirk Abbey. By Pro:cy. Under One Roof. High Spirits. Carlyon s Year. From Exile. For Cash Only. Kit. The Canon's Ward. The Talk of the Ton-n. Holid.-iy Tasks. A Perlnct Treasure. What He Cost Her. A Conidciitial Agent. Glowworm Tales. The Burnt Million. Sunny Stories. Lost Sir Massingberd. A Woman s Venijeance. The Family Scapcyr.ice. Gwendoline s Harvest. Like Father, Like Son. Married Beneath Hiu. Not Wooed, but Won. Less Black than Wo re Painted. Some Private Views. A Grape from a Thorn. The Mystery of Mir- bridge. The Word and the Will. A Prince of the Blood. A Trying Patient. By CHARLES RBADE. It is Never Too Late to i A TerribleTemptation. Mend. Foul Play. Christie Johnstone. I The Wandering Keir. Hard Cash. Singlelieart and Double- face. Good Stories of Men and other Animals. Peg Woflington. Griffith Gaunt. A Perilous Secret. A Simpleton. Readiana. The Double Marriaj-e Put Yourself in His Place Love Me Little, Love Me Long. The Cloister and the Hearth, The Course of True Love. The Jilt. The Autobiography of i A WomanHater. a Thief. By Mrs. J. H. RIDDELL. Weird Stories. i The Uninhabited House. Fairy V/ater. The Mystery inPalace. Her Mother's Darling. Gardens. The Prince of Wales's ' The Nuns Curse. Garden Party. '■ Idle Tales. By AMELIE RIVES. Barbara Dering. By F. W. ROBINSON. Women are Strange. | The Hands of Justice. By JAMES RUNCIMAN. Skippers and Shellbacks. Grace Balmaign's Sweetheart. Schools and Scholars. By W. CLARK RUSSELL. Round the Galley Fire. The Romance of Jenny Harlowe. An Ocean Tragedy. My Shipmate Louise. Alone on a Wide Wide Sea. On the Fo'k sle Head In the Middle Watch. A 'Voyage to the Cape. A Book for the Ham- mock. The Mystery of the ' Ocean Star.' By GEORGE AUGUSTUS SALA. Gaslight and Daylight. By JOHN SAUNDERS. Guy Waterman. | The Lion in the Path. Ihe Two Dreamers. 1 By KATHARINE SAUNDERS. Joan Merryweather. I Sebastian. The High Mills. Margaret and Eliza- Heart Salvage. I beth. By GEORGE R. S!MS. Rogues and 'Vagabonds, i Tinkletops Crime. ... _ . ^ ,,_ Zeph. My Two Wives. Memoirs of a Landlady. Scenes from the Show. Ten Commandments. ells. The Rin_ Mary Jane's Memoirs, Mary Jane Married. Tales of To day. Dramas of Life. By ARTHUR SKETCHLEY A Match la the Dark. By HAWLEY SMART. Without Love or Licence. By T. W. SPEIGHT. The Mysteries of Heron Back to Life, Uyke. I The LoudwaterTragcdy. The Golden Hoop. Burgo s Romance. Hoodwla'iiod. Quittance in Full. By Devious Ways. I By ALAN ST. AUBYN. A Fellow of Trinity. | Ma«ter of StBsnedlcfi The Junior Doan. | To His O'A'u Master. By R. A. STERN DALE. The Afghan Knife. By R. LOUIS STEVENSON. Ve-Ji Ar.^bian Nights. | Prince Otto. By BERTHA THOMAS. Cressida. i The Violin Player. Proud Maisio. | By WALTER THORNBURY. Tales for the Marines. | Old Stories Retold. By T. ADOLPHUS TROLLOPE. Diamond Cut Diamond. By F. ELEANOR TROLLOPE. Like Ships upon the I Anne Furness. Sea. I Mabel s Progress. By ANTHONY TROLLOPE. The American Senator. Mr. Scarborough's Family, The Golden LlOD of Granperc. Frau Frohmann Marion Fay, Kept in th2 Dark. John Caldigate. The Way We Live Now. The Land-Leaguers. By J. T. TROWBRIDGE. Famell's Folly. By IVAN TURQENIEFF, &c, Stories from Foreign Novelists. By MARK TWAIN A Pleasure Trip on the Continent. The Gilded Age. Huckleberry Finn. MarkTwain 6 Sketches Tom Sawyer. A Tramp Abroad. Stolen White Elephant, By C. C. FRASER-TYTLER, Mistress Judith. Life on the Mississippi. The Prince and the Pauper. A Yankee at the Court of King Arthur. The £1,000,000 Bank. Note. By SARAH TYTLER. The Huguenot Family. The Blackball Ghosts. What SheCameThrough Beauty and the Beast. Citoyenne Jaqueline. The Bride 3 Pass Buried Diamonds. St. Mungo's City. Lady Bell, Noblesse Oblige. Disappeared. By ALLEN UPWARD. The Queen against Owen. By AARON WATSON and LILLIAS WASSERMANN. The Marquis of Carauas. By WILLIAM WESTALL. Trust- Money. By Mrs. F. H. WILLIAMSON. A Child Widow. By J. S. WINTER. Cavalry Life. | Regimental Legendi. By H. F. WOOD. The Passenger from Scotland Yard. 'I'he Englishman of the Rue Cain. By Lady WOOD. Sabina. By CELIA PARKER WOOLLEY. Rachel Armstrong ; or. Love and Theolosfy. By EDMUND YATES. The Forlorn Hope. I Castaway. Land at Last. | OGDEN, SMALE AND CO, LIMITED, PRINTERS, GKEAX SAFFRON HILL, B.C. This book is DUE on the last date stamped below. ii 1 1967 i> Lb uH^iv' JAM m o,B7 r Li. '■jC lOM-1 1-50(2555)470 REMtNGTON RAND - 20 3 1158 00753 7250 DT D^9t Lie 501 ITHFR^J RFnmNAL ! IBRARY FACILITY lli 111 111! Ill IlllllliillllillllilMlllnlil AA 000 979 708 5 EVEEY TABLET OF PEARS' SOAP is ke2)t at least twelve months before it is sold. This can be said of no other Soap in the world, and (food soap^ like good wine^ improves with age. You may keep Pears^ Soap for twenty years in any climate^ and it will never shrink. Every tablet will retain its original shape and every ball remain a perfect sphere — proof xjositive that there is no shrinkage, and that they are old and will' matnredo