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NORTHWESTERN
UNIVERSITY
LIBRARY
EVANSTON
ILLINOIS
BRITISH
BASUTOLAND PROCLAMATIONS
AND
THE MORE IMPORTANT
OF THE
NOTICES
Reprinted from the Cape of Good Hope Government Gazette.
MORIJA
1898
W.UC
INDEX
OF
PROCLAMATION S, ETC.
No. of
Proclama¬
tion.
Date
Page
Subject.
75 A.
75 B.
1 B.
2 B.
3 B.
1 B.
2 B.
3 B.
I B.
1 B.
4 B.
5 B.
6 B.
18 Mar. 1884
5
18 Mar. 1884
7
18 Mar. 1884
9
29 May 1884
11
23 June 1884
19
14 Mar. 1887
20
24 Mar. 1887
21
27 Aug. 1887
22
17 Aug. 1888
24
14 Sep. 1887
25
15 Aug. 1895
31
15 Aug. 1895
32
1 Oct. 1887
33
1 Oct. 1887
34
1 Oct. 1887
34
Proclaiming orders in Council relative
to Disannexation of Basutoland and
future Administration.
Confirming the Act providing for
Disannexation of Basutoland.
Providing that all powers heretofore
vested in Governor's Agents shall
be vested in Resident Commissioner.
Establishing Rules and Regulations
for Basutoland.
Establishing Pass Regulations for
natives entering Basutoland.
Applying Provisions of Cape Act 14 of
1885 to Basutoland (Diamond Trade
Act).
Providing for the Validity of Christian
Marriages solemnized in Basutoland
prior to 1870.
Providing for the attendance of wit¬
nesses resident in Basutoland at
Foreign Courts.
Proclaiming the Extradition Treaty
with the Orange Free State.
Extradition Treaty between Orange
Free State and Basutoland.
Proclaiming Protocol to Extradition
Treaty with the Orange Free State
Protocol to Extradition Treaty.
Proclaiming that the Cape Colony has
made provision to compel the atten¬
dance of witnesses in Basutoland of
persons residing in the Cape Colony.
Proclaiming that the Orange Free
State has made provision to compel
the attendance as witnesses in Ba¬
sutoland of persons resident in the
Orange Free State.
Providing for the Tariff of allowances
to witnesses in Foreign Courts.
rv
17 Nov. 1887
12 Feb. 1889
1 Nov .1889
15 Nov. 1889
12 May 1890
22 Jan. 1891
20 Oct. 1892
22 Jan. 1891
3 May 1893
10 Jan. 1891
24 Mar. 1891
24 Mar. 1891
30 June 1897
29 June 1897
5 May 1891
14 May 1896
7 Nov. 1896
36
38
41
42
45
50
50
51
53
54
57
66
77
78
89
90
92
Providing for the encouragement and
protection of Inventors.
Providing for the prevention of ex¬
portation of warlike stores from
Basutolaud.
Providing for the Constitution of
combined Courts in Basutoland.
Providing for the Registration of
certain marriages solemnized in
Basutoland before 1870.
Establishing Rules & Regulations for
the granting of Pensions.
Amending Proclamation 1. B. 1890
relative to Pensions for Interpreters.
Extending Provisions of Pension
Proclamation to Clerks in High
Commissioners Office drawing sala¬
ry from Basutoland.
Establishing Rules & Regulations foi
the granting of gratuities to Native
Police.
Amending error in Proclamation 1. B.
of 1891, by insertion of the word
" additional."
Admission of Basutoland into the
Union—Protocol to.
Providing for the entry of Basutoland
into the South African Customs
Union.
Government Notice and Basutoland
Customs Regulations.
Protocol to the Customs Union Con¬
vention.
Proclamation amending proclamation
of 24 March 1891 by altering Tariff
and proportion or share of duty, with
Schedule & classification of goods.
Publishing order in Council, ex¬
tending Part II of the Fugitive
Offenders Act to Basutoland.
Providing for steps to be taken for
prevention of the spread of
Rinderpest.
Providing for Punishment of persons
wilfully spreading Rinderpest, and
forthefoimation of Combined Courts
for dealing with such cases.
PROCLAMATION
BY HIS EXCELLENCY LIEUTENANT-GENERAL THE
HONOURABLE SIR LEICESTER SMYTH,
Knight Commander of the Mo-t Distinguished Order of St. Michael and St. George,
Companion of the Mo-t Honoui.i'.le Order of the Bath, Senior Officer in command
of Her Majesty's Troops in the Colony of the Cape of Good Hope in South
Africa, Administering the tiovernmeot of the -aid Colony, and the Territories
and Dependencies thereof, and Her Majesty's High Commissioner, &c., &c., &c.
TI1EREAS the Legislative Council and House of Assembly did
during the last session of Parliament pass a Bill to provide
for the Disannexation of Basutoland from the Colony of the Cape of
Good Hope :
And whereas the said Bill was reserved by me for the signification
of Her Majesty's pleasure thereon :
And whereas Her .Majesty has by order in Council declared her
pleasure with rt ignrd to the .-aid Bill, and also with regard to the
future administration of the Government of Basutoland, and has
commanded that the Governor of the Colony of the Cape of Good
Hope shall cause the said Order in Council to he proclaimed at such
place or places as he shall think fit -.
Now therefore I do hereby proclaim, declare, and make known the
said Order in Council in the Schedule hereto.
GOO SAVE THE QUEEN!
Given under my hand and the Public Seal of the Colony of the Cape of Good H ; ,
this 18th day of March, 1884.
L. SMYTH, Lieuteuant-General,
Officer Administering the Government.
By command of His Excellency the Officer Administering the
Government in Council,
THOMAS 0 SCANLEN,
Colonial Secretary.
No, 75 a, 188-1.
— moOOO<» —
SCHEDULE.
At the Court at Osborne House, Isle of Wight, the 2nd day of
February, 1884.
Present :
THE QUEEN'S MOST EXCELLENT MAJESTY.
Lord President.
Secretary Sir William Vernon Harcourt.—Mr. Gladstone.
Whereas certain territory in South Africa, inhabited by the tribe of
people called Basutos, and known as Basutoland, did in the year
1868 become part of Her Majesty's Dominions, and under the direct
authority of Her Majesty, exercised through Her High Commissioner.
And whereas Her Majesty, by Order in Council, dated the 3rd day
of November, 1871, was pleased to declare Her special confirmation
of an Act passed by the Governor of the Cape of Good Hope, with
the advice and consent of the Legislative Council and House of
Assemblv thereof, entitled '• An Act for the Annexation to the Colony
'■ of the Cape of Good Hope of the territory inhabited by the tribe of
" people called Basutos."
And whereas the said Legislative Council and House of Assembly
have passed a Bill repealing the said Act, and entitled " An Act to
provide for the Disannexation of Basutoland from the Colony of the
Cape of Good Hope," and the said Bill has been duly reserved for
the signification of Her Majesty's pleasure thereon.
And whereas it is provided by the law of the Colony that no Bill so
reserved shall have any force or authority within the Colony until
the Governor shall signify by speech or message to the said Council
and Assembly, or by Proclamation, that such Bill has been laid
before Her Majesty in. Council, and that Her Majesty has been
pleased to assent to the same.
And whereas it is expedient that Her Majesty in Council should
assent to the said Bill, and that provision be made for the future
administration of Basutoland.
Now, therefore. Her Majesty is pleased, by and with the advice of
Her Privy Council, to declare Her assent to the said Bill.
PART IT.
Her Majesty is further pleased to order, and it is hereby ordered
as follows :
So soon as Part II. of this Order takes effect, Basatoland shall
again come under the direct authority of Her Majesty, and the person
for the time being exercising the functions of Her Majesty's High
Commissioner for South Africa (hereinafter styled the High Commis¬
sioner) shall have and may exercise, in the name and on behalf of
Her Majesty, all legislative and executive authority in and over the
territory of Basuloland.
The High Commissioner is hereby empowered and required, in t he
name and on behalf of Her Majesty, to make by proclamation such
laws as may to him appear necessary for the peace, order, and good
government of the said territory, and to appoint Such Resident or
Deputy or Assistant Commissioners, Officers, and Magistrates, and
generally to take such measures, and to do all such matters and
things as he may think expedient for the like peace, order, and good
government.
All laws in force in Basatoland at the time when this Order takes
effect shall continue in opeiation until repealed or altered by procla¬
mation of the High Commissioner, and all powers and authorities
which by such laws are vested in the Governor and officers appointed
by him shall be vested in and exercisable by the High Commissioner
and officers appointed by bim.
The Governor of the Colony of the Cape of Good Hope shall cutis'-
this Order to be proclaimed at such place or places as he shall think
fit, and upon such proclamation Part II. of this Order shall take
effect and come into operation.
And the Right Honourable the Earl of Derby, one of Her Majesty's
Principal Secretaries of State, is to give the necessary directions
herein accordingly.
0. L. PEEL.
PROCLAMATION
BY HIS EXCELLENCY LIEUTENANT-GENERAL THE
HONOURABLE SIR LEICESTER SMYTH,
Knight Commander of the Most Distinguished Order of St. Michael and St. George,
Companion of the Most Honourable Order of the Bath, Senior Officer in Command
of Her Majesty's Troops in the Colony of the Cape of Good Hope in South Africa,
Administering the Government of the said Colony, and the Territories and
Dependencies thereof, and Her Majesty's High Commissioner, Sic., &e , &c.
NDER and by virtue of "the power.-, m niu vested,
I do hereby proclaim, declare and make known that Her
—8—
Majesty has been pleased to allow and confirm the Act entitled " An
Act to provide for the Disannexation of Basutoland from the Colony
of the Cape of Good Hope," passed by the Parliament of the Cape of
Good Hope, and promulgated in Schedule hereto.
GOD SAVE THE QUEEN!
Given under my bond and the Public Seal of the Colony of the Cape of Good Hope,
this 18th day of March, 1884.
L. SMYTH, Lieut-General,
Officer Administering the Government.
By command of His Excellency the Officer Administering the
Government in Council,
THOMAS C. SCANLEN,
Colonial Secretary.
No. 75b, 1884.
SCHEDULE.
[Act No. 84 of 1883.;
ACT
To
Provide for the Disannexation of Basutoland from the Colony of the
Cape of Good Hope.
Whereas it is desirable that Basutoland should cease to form part
of the Colony of the Cape of Good Hope ; and whereas Her Majesty's
Imperial Government has expressed its willingness to provide for the
future government of Basutolaud upon certain conditions; and whereas
it is expedient that due provision should be made for relieving this
Colony from all responsibility for or in connection with the Govern¬
ment of Basutoland : Be it enacted by the Governor of the Cape of
Good Hope, with the advice and consent of the Legislative Council
and House of Assembly thereof, as follows :—
I. The Act No. 12, 1871, intituled An Act for the Annexation to
" the Colony of the Cape of Good Hope of the Territory inhabited by
" the tribe of people called Basutos," shall be and the same is hereby
repealed.
II. From and after the taking effect of this Act, there shall be
paid annually to Her Majesty's High Commissioner, or such other
officer as Her Majesty may be pleased to appoint in that behalf, as a
contribution towards any deficiency that may arise in the revenues of
—Li¬
the Government of Basutoland, out of the public revenue of this
Colony, such sum, not exceeding twenty thousand pounds as may be
hereafter from time to time agreed upon by and between Her Majes¬
ty's Imperial Government and the Government of this Colony.
III. This Act shall come into operation when the Governor shall
by proclamation declare that Her Majesty has been pleased to allow
and confirm the same.
IV. The short title of this Act shall be " The Basutoland Disan-
" nexation Act, 1883."
GOVERNMENT NOTICE.—No 1, 1884.
Cape Toicn, 18th March, 1884.
UNDER and by virtue of the power and authority vested in him,
His Excellency the Hi^li Commissioner has been pleased to
appoint Lieutenant-Colonel Marshall James Clarke, R.A., C.M.G.,
to be Her Majesty's Resident Commissioner in Basutoland.
By command of His Excellency the High Commissioner,
GRAHAM BOWER,
Private Secretary.
PROCLAMATION
BY HIS EXCELLENCY LIEUTENANT-GENERAL THE
HONOURABLE SIR LEICESTER SMYTH,
Knight Commander of the Most Distinguished Order of St. Michael and St. George,
Companion of the Most Honourable Order of the Bath, Senior Officer in Command
of Her Majesty's Troops in the Coiony of the Cape of Good Hope in South Africa.
Administering the Government of the said Colony and the Territories and
Dependencies thereof, and Her Majesty's High Commissioner.
WHEREAS by virtue of the Basutoland Disannexation Act,
18>3, and of Her Majesty's Order in Council, proclaimed in
the schedule to the Proclamation No. 75.v. issued this day by me as
the Officer Administering the Government of the Colony of the Cape
of Good Hope, the Territory of Basutoland has ceased to form part
— 10—
of tlio Colony of the Cape of Good Hope and lias airain come under
the direct authority of Her Majesty •
And whereas by the said Order in Council Her Majesty has been
pleased to declare that; the person for the time being exercising the
functions of Her Majesty's High Commissioner for South Afiica
(styled the High Commissioner), shall have, and may exercise, in the
name and 011 behalf of Her Majesty, all legislative and executive
authority in and over the said Territory :
And whereas the High Commissioner is by the said Order in
Council empowered and required, in the name and on behalf of Her
Majesty, to make by Proclamation, such laws as may to him appear
necessary for the peace, order, and good government of the said
Territory, and to appoint such Resident or Deputy or Assistant
Commissioners, Officers, and Magistrates, and generally to take such
measures, and to do all such matters and things as he may think
expedient for the like peace, order, and good government :
And whereas it is by the said Order in Council further provided
that all laws in force in Easutolund at the time when this Order takes
effect shall continue in operation until repealed or altered by Procla¬
mation of the High Commissioner :
And whereas 1 have this day appointed a Resident Commissioner
of the said Territory :
And whereas it has become necessary to alter the laws at present
in force in Basutoland, and to make provision in respect of the
authority ancl functions to be exercised by the said Resident
Commissioner :
Now, therefore, I do hereby proclaim, declare and make known
that from and after this date all the powers by law heretofore vested
in, and all the functions heretofore exercised by the Governor's
Agent in Basutoland and by the Chief Magistrate of that Territory,
shall be vested in and exercised by the officer for tlie time being
holding the said office of Resident Commissioner in Basutoland.
And 1 do further proclaim and declare that the Gazette of the
Colony of the Cape of Good Hope shall be deemed and taken to be
the Government Gazette of the Territory of Basutoland.
GOD SAVE THE QUEEN !
Given under my hand and Seal at Cape Town, this 18th day of March, 1884.
L. SMYTH, Lieutenant-General.
High Commissioner.
No. 1. 1881.
—n—
PROCLAMATION
BY HIS EXCELLENCY THE RIGHT HONOURABLE
SIR HERCULES GEORGE ROBERT ROBINSON.
A Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross of
the Most Distinguished Order of Saint Michael and Saint George, Governor and
Commander in-Chief of Her Majesty's Colony of the Cape of Good Hope in
South Africa, and the Territories and Dependencies thereof, and Her Majesty's
High Commissioner, &c., &c., &c.
NDER and by virtue of the powers by law in me vested, I do
hereby proclaim and make known that the proclamation No.
41 of 1877, issued by Elis Excellency Sir EL Bakkly upon the 2Dth day
of March, 1877, and the proclamation No. 119 of I'ASn, issued by His
Excellency Sir EI. B. E. Freiu: on the 12th day of April, 18SÛ, and
all the regulations by the said Proclamations promulgated, and esta¬
blished for the Government of Basutoland, are 1 eivby repealed ; and
that from and after this date the regulations in this Proclamation set
forth shall be established and in force in Basutoland.
1. The Resident Commissioner is hereby empowered and authorised
to hold a Court and to exercise jurisdiction in and adjudicate upon
all causes, suits and actions whatsoever, civil or criminal, within the
said territory as the said Resident Commissionoi may from time to
time appoint.
2. It shall be lawful for any Assistant Commissioner duly
appointed for the said territory to hold a Court at such place or places
as shall be fixed, and to exercise such jurisdiction as shall be defined
in and by his commission.
3. Every Inspector of I'olice shall have jurisdiction in, and
authority to adjudicate upon, such cases and matters us may be
defined by any rules and regulations issued by the Resident Commis¬
sioner for the government and guidance of Police Forces within the
said territory, in accordance with the provisions contained in such
rules or regulations ; and the Resident Commissioner is hereby
empowered to make all such rules and regulations as aforesaid, as may
to him appear necessary or expedient, and to alter, amend, or repeal
the same as he may think fit,
4. It shall be lawful for any Native Chief in the said territory,
appointed by the Resident Commissioner, to adjudicate upon and trv
such cases, criminal or civil, and to exercise jurisdiction in such
REGULATIONS.
Iff—
mannei- and within such limits, as may he defined by any rules
established by the authority of the Resident Commissioner, who is
hereby empowered to make all sucit rules as may be necessary in that
behalf, and to amend, alter, or cancel the same as he may think fit :
Provided that no suit, action, '-r proceeding whatsoever, to which any
European shall he a party, either as plaintiff or complainant or as
defendant, shall be adjudicated upon by any such Chief, save by the
consent of all parties concerned.
•>. The pleadings and proceedings of all Courts in the said
territory shall be carried on, and the sentences, judgments, and orders
thereof shall be [ renounced, and declared, in open Court and not
otherwise, and in all criminal cases the witnesses for and against the
accused perse.11 or persons shall deliver their evidence viva voce and
in the presence of the accused.
ti. The rules, orders, and regulations respecting the manner and
form of proceeding in civil and criminal cases before the Court of the
Resident Commissioner or of any Assistant Commissioner shall,
Diutaiin viutaiiitiand as far as the circumstances of the said territory
will admit, be the same as those in force with respect to Courts of
Resident .Magistrates in the Cape Colony.
7. A tariff of fees to he taken by the officers of any of the Courts
aforesaid, will be framed and notified by the Resident Commissioner,
and fees shall thereupon be payable in accordance with such tariff.
It shall be lawful for the Resident Commissioner to alter or amend
such tariff from time to time as he may think fit.
R It shall be lawful for any person, a party to any suit or
proceeding' before any Native Chief exercising jurisdiction under the
provisions of section -1 of these regulations, to appeal from the decision
of such Chief, in the first instance to a Court composed of an Assistant
Commissjoneramlof such Chief, and in the event of their disagieeing,
then the Resident Commissioner shall decide the matter in dispute :
Provided that, an appeal shall in any case lie from the decision of
any such Court to the Resident Commissioner ; and provided, further,
that in no case in which any European shall have agreed to submit
himself to the jurisdiction of any such Native Chief as aforesaid,
shall lie have any right of appeal from the judgment or decision
of any such Chief.
9. An appeal shall lie in all cases from any judgment or decision
of any Assistant Commissioner or Inspector of Police to the Resident
Commissioner.
10. All appeals shall be subject to such rules and conditions as
the Resident Commissioner may, from time to time, prescribe.
11. The Resident Commissioner shall have full power and authority
1o review and correct the proceedings of all Courts or officers in the
said territory, in all ca-es and proceedings whatsoever.
-17—
14. All persons entering Basntoland with wagons for the purpose
of purchasing corn from the licensed traders will obtain the necessary
permits from the several Assistant Commissioners, or from the officers
i'i charge of police stations, and on their return will produce a
certificate from the trader of the quantity of corn sold by him, and
in the event of the corn in the wagon being found to exceed that
stated in the certificate, the surplus will be seized and forfeited, and
the person in charge of the wagon shall be liable to a penalty of five
shillings for each bushel of such surplus, and the wagon and corn
may be detained until such penalty be paid.
15. No holder of a. trading licence shall be allowed to keep at his
trading station more than two hundred animals (horses, cattle, sheep,
goats, and pigs included), whether they be his own property or that
of some other person.
16. No transfer of any licence will be valid unless the same be
executed in the presence of the Resident Commissioner, or an
Assistant Commissioner, or some person thereto authorized by such
Resident Commissioner or Assistant Commissioner, nor unless the
same be recorded by such Resident Commissioner, Assistant Commis¬
sioner or other person, to whom the sum of two shillings and sixpence
will be paid for the purpose of the Government for every such
transfer.
17. All Basutos conveying grain of any kind out of the country
for sale will be required to take a pass for each vehicle, and for each
pack-horse, ox, cow, or bearer, employed for that purpose, and the
sum of two shillings and sixpence shall be paid for each pass for a
vehicle, and threepence for each pack-horse, ox, cow, or bearer. All
persons removing grain without such pass shall be liable to a fine not
exceeding one pound sterling, and in default of payment to
imprisonment for a period not exceeding one month.
18 No person shall deliver to any other person any gun or pistol,
or any lock, stock, barrel, or other part of a gun or pistol, or any
percussion caps, or any gunpowder or cartridges or any lead, without
the written sanction of the Resident Commissioner or an Assistant
Commissioner, under a penalty not exceeding five hundred pounds
sterling, or under pain of imprisonment for any period not exceeding
seven years. The Resident Commissioner or Assistant Commissioner
shall not be bound to assign any reason for refusing to sanction any
such delivery.
19. No gunpowder or cartridges, gun or pistol, or lock, stock,
barrel, or any other part of any gun or pistol, and uo percussion caps
shall be brought into Basutoland without the permission in writing of
the Resident Commissioner or of an Assistant Commissioner first had
and obtained, and if any person shall bring any of the said articles
into Basutoland, without having previously obtained the permission in
writing above mentioned, such article or articles shall be forfeited to
—18—
Her Majesty the Queen, and such person shall for every such offence
be liable to a penalty not exceeding one hundred pounds sterling, or
to imprisonment for any period not exceeding two years.
20. Any person applying for any such permission as aforesaid
shall do soin writing, which writing shall set forth the place to which
it is intended to take the articles described in such application, and
no Assistant Commissioner shall grant any such permission as
aforesaid to any person to bring any of the articles aforesaid into
Basutoland, until he shall have transmitted such written application
with his report thereon to the Resident Commissioner, and shall
have received the said Resident Commissioner's authority to grant
the permission sought.
21. The standard weights and measures from time to time in
use in the Colony of the Cape of Good Hope shall be the standard
weights and measures to be used in Basutoland.
22. Any penalties, imposed by these regulations, may be sued for
before the Resident Commissioner or any Assistant Commissioner in
Basutoland, and all such penalties may be recoverd by the seizure
and sale af any property belonging to the person convicted, and one-
lialf of all the penalties recovered under these regulations shall in
each case be paid to the person on whose information the conviction
shall have been obtained, and the balance shall be paid to Her
Majesty for the use of the Government of Basutoland. Upon non¬
payment of any fine or penalty imposed by any regulation, the person
liable to make payment thereof shall (where no other term of
imprisonment is by law prescribed) be subject to be imprisoned with
or without hard labour for any period not exceeding six months.
General.
In the interpretation of these regulations unless there be something
in the language, subject, or context thereof repugnant to such
interpretation, words of the singular number shall include the plural
number, and words of the plural number shall include the singular
number; and words of masculine gender shall include females as
well as males; and the term " imprisonment" shall be taken to mean
imprisonment with or without hard labour.
GOD SAVE THE QUEEN!
Given under my hand and Seal this 29th day of May, 1884.
HERCULES ROBINSON,
High Commissioner.
By command of His Excellency the High Commissioner,
GRAHAM BOWER, Secretary.
No. 2 1884
—19—
PROCLAMATION
BY HIS EXCELLENCY THE RIGHT HONOURABLE SIR
HERCULES GEORGE ROBERT ROBINSON,
A Member of Her Majest'ys Most Honourable Privy Council, Knight Grand Cross of
the Most Distinguished Order of Saint Michael and Saint George, Governor and
Commander in-Chief of Her Majesty's Colony of the Cape of Good Hope in
South Africa, and of the Territories and Dependencies thereof, and Her Majesty's
High Commissioner, &c., &c., &c.
WHEREAS it is expedient to define the conditons under which
natives not domiciled in Basutolancl shall be permitted to
enter into Basutoland : Now, therefore, under and by virtue of the
power by law in me vested, I do hereby proclaim and make known
the following1 regulations to be established and in force within the
territory of Basutoland from this date.
Regulations.
1. Every native who may be domiciled in the Orange Free State,
and who may desire to enter Basutoland, shall be required to provide
himself with a pass signed by a Landdrost or Field-cornet of the
Orange Free State, or by such other person or persons as may be
authorized by the Orange Free State Government, to sign passes ; and
any such native entering Basutoland without such a pass shall, upon
conviction, be liable to a fine not exceeding twenty shillings.
2. Every native who may be domiciled in any part of South Africa
other than the Orange Free State, and who may desire to enter
Basutoland from or through the Orange Free State, shall be required
to comply with the conditions defined in the foregoing regulation,
and shall in all respects be subject to the regulation applying to
natives of the Orange Free State, and any breach of such regulation
shall be punishable by a fine not exceeding twenty shillings.
3 Every native domiciled in the Cape Colony or the Colony of
Natal who may desire to enter Basutoland shall be required to provide
himself with a pass signed by some person authorised by either the
Government of the Cape Colony or by the Government of Natal to
sign passes ; and any such native entering Basutoland without such
a pass shall be liable to a fine not exceeding twenty shillings.
—20—
4. Every native who may be domiciled in any part of South Africa,
other than the Cape Colony or Natal, and who may desire to enter
Basutoland through the Cape Colony or Natal, shall be required to
provide himself with the same pass as if he were a native of the
Colony through which he desires to enter Basutoland, and any such
native entering Basutoland without such a pass shall be liable, upon
conviction, to a fine not exceeding twenty shillings
GOD SAVE THE QUEEN.
Given under my hand and Seal this 23rd day of June, 1831
HERCULES ROBINSON,
High Commissioner.
By command of His Excellency the High Commissioner,
GRAHAM BOWER, Secretary.
No. I 1884'
PROCL A M AT I O .N
BY HIS EXCELLENCY THE RIGHT HONOURABLE SIR
HERCULES GEORGE ROBERT ROBINSON,
A Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross of
the Most Distinguished Order of Saint Michael and Saint George, Governor and
Commander in-Chief of Her Majesty's Colony of the Cape of Good Hope in
South Africa, and of the Territories and Dependencies thereof, and Her Majesty's
High Commissioner for South Africa, &c., &c., &c.
UNDER and by virtue of the powers in me vested I do hereby
proclaim, declare and make known that the provisions of Act
14 of 1885, of the Colony of the Cape of Good Hope, shall, so far as
applicable, apply to and have the force of law in the Territory of
Basutoland.
GOD SAVE THE QUEEN !
Given under my hand and Seal this 14th day of March, 1887.
HERCULES ROBINSON,
Governor and High Commissioner.
By Command of His Excellency the High Commissioner,
GRAHAM BOWER,
Imperial Secretaiy.
No. 1 1887.
B
—21—
PROCLAMATION
BY HI3 EXCELLENCY THE RIGHT HONOURABLE SIR
HERCULES GEORGE ROBERT ROBINSON,
A Member of Her Majest'ys Most Honourable Privy Council, Knight Grand Cross of
the Most Distinguished Order of Saint Michael and Saint George, Governor and
Commander-in-Chief of Her Majesty's Colony of the Cape of Good Hope in
South Africa, and of the Territories and Dependencies thereof, and Her Majesty's
High Commissioner for South Africa. &c., &c., &c.
WHEREAS doubts liave arisen concerning the validity of
marriages which were solemnized by Ministers of the
Christian Religion witliin the territory of Basotuland previous to the
publications of the Regulations of Sir P. E. Wobehouse, dated the
13th day of May, 1870, and whereas it is expedient that such doubts
should bo set at rest :—
Now therefore by virtue of the powers in me vested 1 do berphy
proclaim, declare, and make known that all M ri-iages solemnized in
the territory of Basutoland previous to the publication of the Regu¬
lations of Sir P. K. W'oDEHOUSK, c.ated the 13th day of May. 187", 1 y
any Minister of the Christian Religion according to the riles and
ceremonies of the persuasion to which such -Minister belonged, shall
be valid in like manner, as if the same had been solemnized within
the Colony of the Cape of Good Hope witli the due performance of
all Forms required by Law.
Provided, always, that nothing in this 1'ruelainalion contained
shall extend to or affect any marriage where either of 1 lie parties
shall at any time afterwards during the life of the other parly have
lawfully iutcr-married with any other person.
GOD SAVE THE QUEEN!
Given under my Hand and Seal, this 24th day of March, 1887.
HERCULES ROBINSON,
High Commissioner.
By command of His Excellency the High Commissioner,
No 2 B, 1887.
GRAHAM BOWER,
Imperial Secretary.
—22—
PROCLAMATION
BY HIS EXCELLENCY THE RIGHT HONOURABLE
SIR HERCULES GEORGE ROBERT ROBINSON,
A Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross of
the Most Distinguished Order of Saint Michael and Saint George, Governor and
Commander-in-Chief of Her Majesty's Colony of the Cape of Good Hope in
South Africa, and of the Territories and Dependencies thereof, and Her Majesty's
High Commissioner for South Africa, &c., &c., &c.
WHEREAS the testimony of persons residing in Basutoland is
from time to time required in the Courts of neighbouring
States and Colonies : and whereas there exists no power by law to
compel the attendance of such persons before such Courts, and in
consequence the ends of justice are rendered liable to defeat; and
whereas it is desirable to make legal provision for compelling the
attendance of such persons before such Courts : Now, therefore, by
virtue of the powers by law in me vested I do hereby proclaim,
declare and make known as follows :—
1. Whenever a subpoena, purporting to be issued by the proper
officer of any competent Court in any neighbouring State or Colony
to which this Proclamation shall apply in manner hereinafter
provided, and purporting to require the attendance of any person
resident in Basutoland as a witness before such Court, shall be
transmitted by such officer to the Resident Commissioner or to any
Assistant Commissioner, or Inspector of Police having jurisdiction
over the locality or district within which such person resides, it shall
be the duty of the Resident Commissioner, or such Assistant Commis¬
sioner, or Inspector of Police as the case may be, to endorse on such
subpoena his order that the same shall be served upon the person
therein named ; and the subpoena so endorsed shall thereupon be
handed to the officer proper for the service of process of the Court of
the Resident Commissioner, Assistant Commissioner, or Inspector of
Police, as the case may be, or to such other person as the party
endorsing shall appoint for the purpose by further endorsement on
the subpoena ; and it shall be the duty of such officer or other person,
so soon as may be after receiving the said subpœna so endorsed as
aforesaid to serve the same upon the person therein named : Provided,
always, that the necessary expenses of such service, and the necessary
expenses to be incurred by the person subpoenaed in going to and
returning from the Court named in such subpoena, or to be incurred
during his detention at the place where evidence is required to be
—23—
given by him, according to such tariff as may from time to time he
framed and proclaimed by me, shall be transmitted to the Resident
Commissioner, or such Assistant Commissioner, or Inspector of Police
as aforesaid, as the case may be, together with the said subpoena,
and the portion of such expenses assigned to tho person named in
the said subpoena shall be paid to him by the officer or other person
serving the same.
2. Every person who shall have been served with a subpoena as
in the previous section mentioned, shall be bound to attend on the
day and at the place therein named, and, in case he shall fail to do so
and shall also fail to prove any lawful and valid excuse for such non-
attendance, he shall be liable to a penalty not exceeding one hundred
pounds sterling, which shall be recoverable in the name of the Secre¬
tary to the Resident Commissioner in the Court of the Resident Com¬
missioner, or of the Assistant Commissioner having jurisdiction over
the locality or district within which such person resides.
3. The return of the officer or other person authorised to serve
such subpœna, in manner provided in the first section of this Procla¬
mation, shewing that such service has been duly made, and a certificate
under the hand and seal of the presiding Judge, Magistrate, or other
judicial officer of the Court from which the said subpoena was issued,
that the person served did not attend and give evidence when called
upon at the time and place, specified in such subpoena, and did not
establish any valid or legal excuse for his default, shall be deemed
to be sufficient proof of such person's non-attendance, for the purpose
of enforcing the penalty provided in the last preceding section.
4. No person residing in any neighbouring State or Colony, to
which this proclamation shall apply, who may be summoned as a
witnesses before any Court in Basutoland, and whose attendance before
such Court shall be enforced by any law of such State or Colony,
shall be liable, while so attending, to be arrested upon any civil or
criminal process for any debt due or offence committed by him in
Basutoland before the service upon him of the subpoena or summons
under which he attends such Court.
5. This Proclamation shall take effect and have application in
resptct of any such neighbouring State or Colony, as aforesaid, so
soon 'u I she'l by Piccian ation declare and make known that such
Statu m Ci Ici y has n.ade due provison to compel the attendance, as
—24—
witnesses, before the Courts of Basutoland, of persons residing in
such State or Colony.
GOD SAVE THE QUEEN !
Given under my Hand and Seal, this 27th day of August, 1887.
HERCULES ROBINSON,
High Commissioner.
By command of His Excellency the High Commissioner,
GRAHAM BOWER,
No. o B, 1887. Imperial Secretary.
7005. a.
PROCLAMATION
BY HIS EXCELLENCY THE RIGHT HONOURABLE SIR
HERCULES GEORGE ROBERT ROBINSON,
A Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross
of the Most Distinguished Order of Saint Michael and Saint George, Governor
and Commander-in-Chief of Her Majesty's Colony of the Cape of Good Hope in
South Africa and of the Territories and Dependencies thereof, and Her Majesty's
High Commissioner, &c., &c., Ac.
"T X T" H ER E A S a certain Convention was made and entered into in
"f the month of September, 1887, between me, acting in the
name and on behalf of Her Britannic Majesty of the one part, and
His Honour the President, duly authorised by the Honourable the
Volksraad o the Orange Free State of the other part, by which
provision is made for the mutual extradition of certain fugitive
criminals, which Convention was for general information published
on the 15th day of September, 1887, under a High Commissioner's
Notice in the Cape of Good Hope Government Gazette Extraordinary :
Now, therefore, under and by virtue of the powers by law in me
vested, I do hereby proclaim, declare, and make known that the
several articles numbered from one to ten of the said Convention
shall, and are hereby enacted to be, and shall be deemed and taken
from and after the 17th day of October, 1887, to have been of full
legal force and effect throughout Basutoland, as though the same
were herein again fully set forth and repeated, and shall continue to
be of such force and effect so long as the said Convention shall be
in operation.
GOD SAVE THE QUEEN!
Given under my Hand and Seal at Cape Town, this 17th day of August, 1888.
HERCULES ROBINSON,
High Commissioner,
By Command of His Excellency the High Commissioner,
GRAHAM BOWER,
Imperial Secretary.
No. 1 B., 1888.
YY month of September L887, between me, acting in the name
and on behalf of Her Britannic Majesty of the one part, and His
Honour the State President, duly authorised by the Volksraad of
the Orange Free State of the other part, whereby provision was
ma .e'for the mutual extradition of certain fugitiye criminals in the
territory of Basutoland and the Orange Free State, and whereas a
Protocol to the said Convention, relative to the reciprocal surrender
of persons convicted of having committed crimes within the said
Territory or State and being fugitives from justice, has been made
and entered into in the month of August 1895, between me, acting
as aforesaid, and His Honour the Acting State President duly
authorised as aforesaid.
Now, therefore, under and by virtue of the powers by law in me
vested, I do hereby proclaim, declare and make known, that the
provisions of the Protocol shall and are hereby enacted to be of
full legal force and effect throughout Basutoland as though the same
were herein again fully set forth and repeated, and shall continue
to be of such force and effect so long as the said Convension shall
be in operation.
GOD SAVE THE QUEEN !
Given under my hand and Seal at Cape Town, this 15th day of August, 1895.
HERCULES ROBINSON,
High Commissioner.
By command of His Excellency the High Commissioner,
GRAHAM BOWER,
Imperial Secretary.
No. 1b, 1895.
—26-
the Volksraad of the said State, of the other part, for the mutual
extradition of certain fugitive criminals :
Ihe parties hereto having judged it expedient with a view to the
more complete prevention of crime within the territories of Basutoland
and the Orange Free State respectively, that persons accused or
convicted of having committed certain crimes and being fugitives
from justice, should under certain circumstances be reciprocally
delivered up, have agreed upon the following articles :—
Article 1.
In case requisition shall at any time be made by Her Majesty's
High Commissioner, or by the President of the Orange Free State,
for the surrender of any person who being charged with, or convicted
No. 3 B, 1887. Imperial Secretary.
7005. a.
PROCLAMATION
BY HIS EXCELLENCY THE RIGHT HONOURABLE SIR
HERCULES GEORGE ROBERT ROBINSON,
A Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross
of the Most Distinguished Order of Saint Michael and Saint George, Governor
and Commander-in-Chief of Her Majesty's Colony of the Cape of Good Hope in
South Africa and of the Territories and Dependencies thereof, and Her Majesty's
High Commissioner, &c., &c., &c.
"TTTHEREAS a certain Convention was made and entered into in
Y Y the month of September, 1887, between me, acting in the
name and on behalf of Her Britannic Majesty of the one part, and
His Honour the President, duly authorised by the Honourable the
Volksraad o the Orange Free State of the other part, by which
provision is made for the mutual extradition of certain fugitive
criminals, which Convention was for general information published
on the 15th day of September, 1887, under a High Commissioner's
Notice in the Cape of Good Hope Government Gazette Extraordinary :
Now, therefore, under and by virtue of the powers by law in me
vested, I do hereby pi'oclaim, declare, and make known that the
several articles numbered from one to ten of the said Convention
shall, and are hereby enacted to be, and shall be deemed and taken
from and after the 17th day of October, 1887, to have been of full
legal force and effect throughout Basutoland, as though the same
were herein again fully set forth and repeated, aud shall continue to
-31-
PROCLAMATION
BY HIS EXCELLENCY THE RIGHT HONOURABLE SIR
HERCULES GEORGE ROBERT ROBINSON, BARONET,
A Member of Her Majesty's Most Honourable Privy Council, Knight Cross of the
Most Distinguished Order of Saint Michael and Saint George, Governor and
Commander in-chief of Her Majesty's Colony of the Cape of Good Hope in South
Africa, and of the Territories and Dependencies thereof, Governor of the Territory
of British Bechuanaland, and Her Majesty's High Commissioner for South
Africa, Sic., &c., &.
WHEREAS a Convention was made and entered into in the
month of September 1887, between me, acting in the name
and on behalf of Her Britannic Majesty of the one part, and His
Honour the State President, duly authorised by the Volksraad of
the Orange Free State of the other part, whereby provision was
ma .e^fur the mutual extradition of certain fugitive criminals in the
territory of Basutoland and the Orange Free State, and whereas a
Protocol to the said Convention, relative to the reciprocal surrender
of persons convicted of having committed crimes within the said
Territory or State and being fugitives from justice, has been made
and entered into in the month of August 1895, between me, acting
as aforesaid, and His Honour the Acting State President duly
authorised as aforesaid.
Now, therefore, under and by virtue of the powers by law in me
vested, I do hereby proclaim, declare and make known, that the
provisions of the Protocol shall and are hereby enacted to be of
full legal force and effect throughout Basutoland as though the same
were herein again fully set forth and repeated, and shall continue
to be of such force and effect so long as the said Convension shall
be in operation.
GOD SAVE THE QUEEN !
Given under my hand and Seal at Cape Town, this 15th day of August, 1895.
HERCULES ROBINSON,
High Commissioner.
By command of His Excellency the High Commissioner,
GRAHAM BOWER,
Imperial Secretary.
No. 1b, 1895.
—32'
HICH COMMISSIONER'S NOTICE.
No. 1 B. of 1895.
THE subjoined Protocol to the Convention relative to the
reciprocal surrender of persons convicted of having committed
certain crimes -within the Territories of the Orange Free State or
Basutoland, and being fugitives from justice, is hereby published
for general information.
By command of His Excellency the High Commissioner,
GRAHAM BOWER,
Imperial Secretary.
Government House,
Cape Town, 15th August, 1895.
PROTOCOL
To the Convention entered into between His Excellency the High
Commissioner for South Africa, acting in the name and on behalf
of Her Britannic Majesty on the one part, and His Honour the
State President of the Orange Free State, duly authorised by the
Honourable Volksraad of the said State on the other part, signed
and sealed at Cape Town, on the first day of September, 1887, and
at Bloemfontein on the seventh day of September, 1887, respectively,
relative t o the reciprocal surrender of persons convicted of having
committed certain crimes within the Territories of the Orange Free
State or Basutoland, and being fugitives from Justice.
His Excellency the High Commissioner for South Africa, and
His Honour the Acting State President of the Orange Free State
have agreed to the following clause which shall be read and construed
together with the said Convention as though the effect of the said
clause was therein embodied.
Nothing contained in the Second Article to this Convention shall
be taken to refer to person* who have been convicted of any criminal
offence in the Orange Free State or in the Territory of Basutoland,
and who before expir-ation of sentence have escaped to the said
Territory or State, but such persons may be surrendered at the
discretion of the contracting party to whose Territory or State they
have escaped.
In witness whereof the parties hereto have signed this Protocol,
and have hereto affixed their Seals respectively at Cape Town
on this the second day of Augu«t, 1895.
HERCULES ROBINSON,
High Commissioner for South Africa,
And at Bloemfontein on this the sixth day of August, 1895.
P. J. BLIGNAUT,
Acting State President of the Orange Free State,
BY HIS EXCELLENCY THE RIGHT HONOURABLE SIR
HERCULES GEORGE ROBERT ROBINSON
A Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross of
the Most Distinguished Order of Saint Michael and Saint George, Governor and
Commander-in-Chief of Her Majesty's Colony of the Cape of Good Hope in
South Africa, and of the Territories and Dependencies thereof, and Her Majesty's
High Commissioner, &c,, &c., &c.
NDER and by virtue of the fifth Section of my Proclamation
No. 3 B, 1887, dbbted the 27th day of August, 1887,1 do here¬
by declare and make known that due provision has been made by
the Colony of the Cape of Good Hope, to compel the attendance, as
witnesses, before the Courts of Basutoland, of persons residing in the
said Colony.
PROCLAMATQN
—34—
PROCLAMATION
BY HIS EXCELLENCY THE RIGHT HONOURABLE SIR
HERCULES GEORGE ROBERT ROBINSON,
A Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross o^
the Most Distinguished Order of Saint Michael and Saint George, Governor and
Commander-in-Chief of Her Majesty's Colony of the Cape of Good Hope in South
Africa, and of the Territories and Dependencies thereof, and Her Majesty's High
Commissioner, &c., &c., &c.
UNDER and by virtue of the fifth Section of my Proclamation
No. 3 B, 1887, dated the 27th day of August, 1887, I do
hereby declare and make known, that due provision has been made
by the Orange Free State to compel the attendance, as witnesses,
before the Courts of Basutoland, of persons residing in the said State.
GOD SAVE THE QUEEN!
Give under my Hand and Seal, thi first day of October 1887.
HERCULES ROBINSON,
High Commissioner.
By Command of His Excellency the High Commissioner,
GRAHAM BOWER,
Imperial Secretary.
No. 5 B, 1887.
PROCLAMATION
BY HIS EXCELLENCY THE RTGHT HONOURABLE SIR
HERCULES GEORGE ROBERT ROBINSON,
A Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross of
the Most Disitinguished Order of Saint Michael and Saint George, Governor and
Commander in-Chief of Her Majesty's Colony of the Cape of Good Hope in South
Africa, and of the Territories and Dependencies thereof, and Her Majesty's High
Commissioner, &c., &c., &c.
I DO hereby proclaim that the subjoined Tariff of Allowances to be
paid to Witnesses under the provisions of the first section of my
-35—
Proclamation No. 3 B, 1887, dated the 27th day of August, 1887,
has been framed by me in terms of the said section.
GOD SAVE THE QUEEN !
Give under my Hand and Seal, this first day of October, 18S7.
HERCULES ROBINSON,
High Commissioner.
By Command of His Excellency the High Commissioner,
GRAHAM BOWER,
Imperial Secretary.
No. 6 B, 1887.
SCHEDULE TO PROCLAMATION No. 6 B, 1887.
Tariff of Allowances to Witnesses under the provisions of
Section 1 of Proclamation No. 3 B, 1887, dated 27th August
1887.
1. Witnesses shall be paid for their attendance at the following rates per diem, over
and above their expenses of conveyance, as hereinafter mentioned, that is to say : —
£. s. d
(a) Physicians, Surgeons, Advocates, Attorneys, Government Land
Surveyors, Civil Engineers, Public Notaries, and Conveyancers . 3. 0. 0
(b). Ministers of the Gospel, Members of Legislature, Heads of
Departments in the Public Service, Commissionend Officers in
the Army and Navy, Commissioned Permanent Officers of De¬
fensive Forces, Architects, Importing Merchants, Bank
Managers 2. 10. 0
(c). Divisional Councillors, Municipal Councillors, Farmers, Auction-
eers, Enrolled Agents, Apothecaries, Master Mariners,
Mates, Master Tradesmen, Accountants, Brokers, Clerks in the
Public Service, Inspectors and Sub-Inspectors of Police, Gener¬
al Dealers, Licensed Dealers in Wines and Spirits, Secretaries
of Divisional Councils and Municipalities . . . . . . 2. 0. 0
(d). Any person not previously enumerated whose station in life is,
in the judgment of the Resident Magistrate who endorses the
subpoena, superior to that of the person mentioned in
paragraph (e) 1. 10. 0
(e). Labourers and others of a similar station in life .. .. 10. 0
2. The foregoing fees for attendance shall be payable in respect of every day neces¬
sarily occupied in traveilng to, remaining at, and returning from the Court.
3. In the case of witnesses who do not travel to the Court upon horseback, or by
vehicle, a day's journey shall be taken to be eighteen miles.
4. No witness shall be considered a master tradesman for the purpose of this tariff
unless he shall have not fewer than two journeymen in his employment.
5. Females who come under any of the foregoing heads of classification shall be paid
like males.
—36—
G. For the purpose of this tariff a day's journey on horseback or by vehicle shall be
taken to be thirty-six miles, and as often as the residence of the witness shall be at
such a distance from the court-house that more than thirty-six miles must be travelled
in going and returning, then the witness shall be entitled to, for every day's journey,
and for every fraction of a days journey, expenses of conveyance at the rate of 25s. a
day. Provided that no witness shall be entitled to demand any larger sum for expenses
of conveyance than he shall have reasonably and actually expended. Provided further
that in case a witness could have travelled by sea, by raialway train, or by any other
public conveyance at less expense than by a private conveyance, he will only be
allowed to charge for the expenses of conveyance which would be incurred in
thus travelling by sea, by railway train, or by such public conveyance and for the
time which would be so occupied, unless it be proved by the affidavit of a duly
qualified medical practitioner that travelling by sea, by railway train, or by a public
conveyance would have been injurious to the health of the witness.
7. No witness except a witness who shall have travelled to the Court on horseback
or by vehicle shall be allowed expenses of conveyance.
8. When the same person shall be a witness in more cases than one heard on the
same day he shall be entitled to no more than one fee for personal attendance and one
allowance for expenses of conveyance.
PROCLAMATION
BY HIS EXCELLENCY THE RIGHT HONOURABLE SIR
HERCULES GEORGE ROBERT ROBINSON,
A Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross of
the Most Distinguished Order of Saint Michael and Saint George, Governor and
Commander-in-Chief of Her Majesty's Colony of the Cape of Good Hope in
South Africa, and of the Territories and Dependencies thereof, Governor of the
Territory of British Bechuanaland and Her Majesty's High Commissioner for
South Africa, &c., &c., &c.
WHEREAS it is expedient to make provision for the encourage¬
ment and protection of inventors of new and useful
inventions by securing to them the exclusive enjoyment thereof in
Basutoland : Now, therefore, under and by virtue of the powers in
me vested, I do hereby proclaim, declare and make known as
follows :—
1. Any person or persons who shall be lawfully entitled within the
Colony of the Cape of Good Hope, either as grantee or grantees, or
as proprietor or proprietors of any Letters Patent at any time duly
and lawfully made and issued to any one, in accordance with the
provisions of the Act No. 17 of I860, of the said Colony, may, upon
production of the said Letters Patent, together with a true and
correct copy thereof, and upon payment of the fee prescribed in that
behalf, claim to have the said copy, together with his or their name
or names, registered in a book or books entitled " The Register of
Patents," and upon such registration and for the period during which
the letters patent granted in the said Colony shall there continue in
—37—
force, such person or persons as aforesaid or his or their assignees as
hereinafter provided, shall have and enjoy within the territorial
limits of Basutoland all the rights, privileges, licence, security, and
protection, and be subject to all the duties, liabilities and restrictions
which have been or shall be conferred or imposed upon him or them
under and by virtue of the said letters patent and the said Act within
the said Colony, in respect of the sale and exclusive working, making
and enjoyment of the invention for or in protection of which the said
letters patent have been or shall be made and issued in the said
Colony, or in any other respect.
2. The aforesaid " Register of Patents," and also a book or books
entitled " The Register of Proprietors," shall be kept by an officer
appointed for the purpose, and the provisions of Sections twenty-
seven and twenty-eight of the aforesaid Act of the said Colony shall
mutatis mutandis apply to the said Registers and the keeping thereof;
provided however that the said Register shall be kept in such manner,
and subject to such directions and regulations as may from time to
time be by me defined, given or made in that behalf, and that there
shall be taken by the officer aforesaid from persons inspecting,
taking copies of entries or requesting entries to be made in such
Registers or either of them such fees as may be from time to time
fixed and established by me.
3. The provisions of sections twenty-nine, thirty, thirty-one and
thirty-two of the aforesaid Act are mutatis mutandis incorporated in
this Proclamation ; provided that the Resident Commissioner of
Basutoland and his court shall have and exercise every jurisdiction
by the said sections conferred upon the Supreme Court of the said
Colony or a Judge in Chambers.
GOD SAVE THE QUEER!
Given under my Hand and Seal this 17th day of November, 1887.
HERCULES ROBINSON
High Commissioner.
By Command of His Excellency the High Commissioner,
No. 7 B, 1887.
GRAHAM BOWER,
Imperial Secretary.
-38—
ÎOôHi a.
PROCLAMATION
BY HIS EXCELLENCY THE RIGHT HONOURABLE SIR
HERCULES GEORGE ROBERT ROBINSON,
A Member of Her Majesty's Most Honourable Privy Council, Knight Grand Cross
of the Most Distinguished Order of Saint Michael and Ssint George, Governor
and Commander-in-Chief of Her Majesty's Colony of the Cape of Good Hope in
Sourh Africa and of the Territories and Dependencies thereof, Governor of the
Territory of Bechuanaland and Her Majesty's High Commissioner, &c , &c., &c.
WHEREAS it is expedient to declare more clearly the existing
law, and to make further provision for the prevention, when
necessary, of the exportation of certain warlike articles from Basu-
toland ;
Now, therefore, uuder and by virtue of the powers by law in mc
vested, 1 do hereby proclaim, declare and make known as follows :
I. Nothing in this Proclamation contained shall be deemed to
abrogate or repeal any law now in force in Basutoland, whether
such law shall have been specially proclaimed for Basutoland or
being a law of the Colony of the Cape of Good Hope shall so far as
applicable be in force under and by virtue of the Proclamation No.
2. B 18el, proclaimed on the 3rd of June, 1884.
II. The provisions of the law of the said Colony prohibiting,
restraining, limiting or regulating the exportation beyond the
boundaries of the said Colony of gunpowder, firearms, parts of
firearms, percussion caps, ammunition and lead are hereby declared
to be and to have been and they shall continue to be mutatis mutandis
in force in Basutoland ; provided that the sections 3 and 4 of the
Act No. 13 of 1877 of the said Colony shall be read and construed
as though the word "ammunition " and " lead " were therein inserted
after the word " gunpowder," and as though the Resident Com¬
missioner for the time being of Basutoland or some person duly
authorised by him, were mentioned in place and stead of the Colonial
Secretary or Secretary for Native Affairs or some person duly
authorised by either of such Secretaries.
III. The provisions of Sections 5, G, 7, 8, 9, and 10 of this
Proclamation shall come into and be in force in Basutoland from
and after the date of a Government Notice in the Cape of Good
Hope Government Gazette, and shall then continue in force until
further notice or proclamation.
IV- It shall be lawful for the Resident Commissioner for the time
—39—
being of Basutoland, when thereto authorised by me, to cause to
be published in manner aforesaid a Government Notice giving the
force of law to the Sections 5, 6, 7, 8, 9 and 10 of this Pi'oclamation,
and prohibiting the exportation until further notice of the articles
named in the Schedule hereto.
V. From and after the date of such notice, every person and the
agent of any person, who shall either personally or by any agent
export or attempt, in violation of the prohibition contained in such
notice, to export any article therein mentioned beyond the boundaries
of Basutoland, shall be liable upon conviction to a fine not exceeding
one hundred pounds, or imprisonment with or without hard labour
for any term not exceeding twelve months, unless such fine be sooner
paid, or to both such fine and such imprisonment; provided, however,
that no person shall be convicted under tins section who shall prove
to the satisfaction of the Court before which he is tried, that the
act or attempt in respect of which he is charged or accused was
committed at a time when he was in fact ignorant that such notice
had been published.
VI. Every article, the exportation of which shall be prohibited
by such notice as aforesaid, shall during the period during which
such prohibition is in force, be liable to seizure by any Justice of
the Peace, Field-cornet, or Police Constable, or by any other Officer
invested by the Resident Commissioner with my s inction with power
to seize such articles, if such articles be found under circumstances
raising a reasonable suspicion that it is intended for exportation, or
is about to be exported beyond the boundaries of Basutoland, and
every article so seized shall be detaiued in custody by the person
seizing the same or by such person as the Resident Commissioner
may appoint, and shall be deemed to be forfeited for the benefit of
Her Majesty unless within one month after the date of such seizure
the owner or other person interested in such article shall have institu¬
ted proceedings in the Court of the Resident Commissioner of
Basutoland, in an action to which the Secretary of Basutoland shall
be a defendant party, and shall in such action prove either that
such article was not intended for exportation, or about to be exported
as aforesaid, or that no attempt was made to export such article after
such owner or other interested person had knowledge of the fact of
the publication of such notice aforesaid ; provided, however, that
in any case the Resident Commissioner may release from detention
or forfeiture any article seized under this section, and may direct
the restoration of such article to the owner or other person interested
therein, upon production of satisfactory proof that such owner or
other interested person, as the ease may be, had no intention to
violate, and was no party to the violation or attempted violation of
the prohibition contained in such notice.
VII. AU powers of search, seizure, and detention by the law of
—40—
the Colony of the Cape of Good Hope vested in officers of Customs
or in any other officers, in respect of any wagon, vehicle or other
conveyance coming within or crossing the Borders of the said Colony
shall, mutatis mutandis, and duiing the period during which such
prohibition as aforesaid is in force, and in respect of any wagon,
vehicle, or other conveyance going from or crossing, or about to cross
any Border of Basutoland, be deemed and taken to be lawfully
vested in such officers as the Resident Commissioner may with my
sanction appoint to carry into effect such prohibition, and subject
to such rules and regulations as may from time to time be framed,
added to, altered or amended and published in the Cape of Good
Hope <immanent <hizette, which rules and regulations shall proscribe
and regulate, subject to such penalties as I may direct for breach
thereof, the proper conduct of all officers appointed or empowered
under this Proclamation, and all matters concerning the due
effectuation and observance of its provisions.
VIII. During the period during which such prohibition as afore¬
said shall be in force, the Resident Commissioner shall be, and is
hereby authorised to grant to any person a special licence for the
exportation of any article or articles specified in such licence, and
every such licence shall, notwithstanding such prohibition, be
deemed and taken to authorise the exportation of the article or
articles therein mentioned, subject, however, to such conditions and
limitations as may be imposed in such licence, the breach of any of
which shall render every article otherwise covered by such licence
liable to seizure and forfeiture as though such licence had not
been granted ; provided that in respect of such licence, if granted, no
other fee, stamp, or duty shall be required than would have been
by law required if no prohibition under this Proclamation had been
in force.
IX. The provisions of Sections G and 7 shall, mutatis mutandis,
and during the period during which such prohibition as aforesaid
shall be in force, apply in respect of articles named in Section 2 as
well as to articles named in the Schedule to this Proclamation.
X. Assistant Commissioners shall have jurisdiction to try auy
offence committed within their respective districts against any of the
provisions of this Proclamation, and any contravention of any rule
or regulation framed and in force under Section 7.
SCHEDULE.
1. All arms and weapons of war other than firearms.
2. Explosives and ingredients used in the manufacture of
explosives hot being such explosives as are referred to in Section 2.
3. Military and Naval Stores.
GOD SAVE THE QUEEN!
*
Given under my hand and Seal, this 12th day of February, 1889.
HERCULES ROBINSON,
High Commissioner.
By Command of His Excellency the Eligh Commissioner,
GRAHAM BOWER,
Imperial Secretary.
No. 1 n., 1889.
7133. a.
PROCLAMATION
BY HIS EXCELLENCY LIEUTENANT-GENERAL HENRY
AUGUSTUS SMYTH,
Companion ot the Most Distinguished Order of Saint Michael and Saint George,
Senior Officer in Command of Her Majesty's Forces in the Colony of the Cape
of Good Hope, Administering the Government of the said Colony, and the
Territories and Dependencies thereof, and acting as Her Majesty's High Com¬
missioner, &c., &c., &c.
WHEREAS it is expedient to amend the Regulations of Basu-
toland : Now, therefore, under and by virtue of the powers
in me vested I do hereby proclaim, declare and make known as
follows :—
1. It shall be lawful for the Resident Commissioner to associate
with himself where it appears to him desirable so to do, one or
more European officers for the trial of civil or criminal cases. The
Court so constituted to be called a Combined Court. Provided that
in every case the judgment of such Court shall be the judgment
pronounced or approved of by the Resident Commissioner.
2. In any case where any officer acting as Assistant Commissioner
shall deem it desirable, he shall be at liberty to call to his assistance
any such number of Assessors, not exceeding five, who shall be
chosen by bim from the Principal Chiefs, Councillors or Headmen
to aid him in the hearing of any trial with a view to the advantages
derived from their observations. The opinion of such Assessors
— 12—
shall be given separately antl discussed, and if any of the Assessors
or Assistant Commissioner, or officer acting as Assistant Commissioner
desire it, the opinion of the Assessors shall be recorded in writing
and form part of the proceedings forwarded for review : but the
finding of the Court shall bo vested exclusively in the officer acting
as Assistant Commissioner.
In like manner the Combined Court herein before provided for
shall be at liberty to call to its assistance the Paramount Chief and
such number of Assessors as the Resident Commissioner considers
expedient.
o. No sentence of death shall be carried into effect without the
warrant of the High Commissioner or acting High Commissioner
authorising the same.
GOD SAVE THE QUEEN !
Given under my hand and Seal at this first day of November, 1889.
H. A. SMYTH,
Acting High Commissioner.
By Command of His Excellency the Acting High Commissioner,
GRAHAM BOWER,
Imperial Secretary.
No. 1 B, 1889.
7137. a.
PROCLAMATION
BY HIS EXCELLENCY LIEUTENANT-GENERAL HENRiF
AUGUSTUS SMYTH,
Companion of the Most Distinguished Order of Saint Michael and Saint George.
Senior Officer in Command of Her Majesty's Forces in the Colony of the Cape
of Good Hope, in South Africa, Administering the Government of the said Colony
and of the Territories and Dependencies thereof, and acting as Her Majesty's
High Commissioner &c., &c., &c.
WHEREAS under and by virtue of an Act of the Imperial
Parliament, to wit 52 and 53 Victoria, chapter 38, it has
been inter alia enacted, by the Queen's Most Excellent Majesty, by
and with the advice and the consent of the Lords Spiritual and
Temporal, and Commons, in Parliament assembled, and by the
—4:3—
authority of the same that all marriages (both or one of the parties
thereto being subjects of the Realm) solemnized in the territory of
Basutoland before the thirteenth day of -May, one thousand eight
hundred and seventy, by any minister of religion of any denomination
of Christians duly appointed or ordained, or reputed to be duly
appointed or ordained, and which shall within three years after 1 he
passing of the said Act have been registered at such place and in
such manner as the High Commissioner in South Africa shall by
proclamation to be made within six months after the passing of the
said Act prescribe, shall be as valid in law as if such marriages
had been solemnized within Her Majesty's dominions with a due
observance of all forms required by law ; and whereas it is futlier
enacted in like manner that the said Act shall not render valid any
marriage which, before the passing of the said Act has been declared
invalid by any Court of competent jurisdiction, or affect any right
dependent on the validity or invalidity thereof, or render valid any
marriage either of the parties to which has, during the life of the
other, lawfully intermarried with any other person ; and whereas
it is therefore expedient to make provision for the registration of
such marriages in the territory of Basutoland, in accordance with
the provisions of the saicl Act ;
Now, therefore, under and b}r virtue of the powers by law in me
vested, I do hereby proclaim, declare, and make known as follows :—
1. At the office of the Resident Commissioner of Basutoland, there
shall be kept a register wherein all marriages (either party thereto
being a subject of the Realm) which have heretofore been solemnized
in the territory of Basutoland before the thirteenth day of May, one
thousand eight hundred and seventy, by any minister of religion
of any denomination of Christians, duly appointed or ordained, or
reputed to be duly appointed or ordained, may within three years
from the date of the passing of the aforesaid Act be registered.
2. The following persons, or any of them, may request that any
such marriage shall be registered,
(a) Either party thereto ;
(b) The minister by whom such marriage was solemnized ;
(c) Any such minister of religion as aforesaid, or any Government
official, in whose custody may be any original record of such
marriage made at the time of the solemnization thereof, or
any duly certified copy of such original record.
3. The officer in charge of such register shall require from the
person requesting the registration of any such marriage, the pro¬
duction and delivery, for purposes of record, of original record
of such marriage, or of a copy of such original record duly certified
as correct by some such minister of religion as aforesaid, or by some
Government official; and such original record, or copy thereof, shall
show and set forth
(a) The names of the parties to snch marriage, including their
Christian names and surnames ;
(b) The ages and state or condition in life of the parties at the
date of the marriage ;
(r) The place where, the date on which, and the name of the
minister by whom such marriage was solemnized ;
(d) The names of the witnesses, if any to such marriage.
4. If any such original record, or copy thereof, as aforesaid, shall
contain and set forth the names of the parties to any such marriage
with sufficient clearness to serve for identification, and shall also
set forth the date when, and place where, and the name or descrip¬
tion of the minister before or by whom such marriage was solemnized,
but shall be deficient in any other of the particulars set forth in
the last preceding section of this Proclamation, it shall be lawful
for the Resident Commissioner, by writing under his hand, to be
recorded by the officer in charge of such register, to authorize the
said officer to accept and keep as of record such deficient oi'iginal
record or copy thereof and to register such marriage.
5. It shall be lawful for the Resident Commissioner upon proof
to his satisfaction.—
(a) That such a marriage as is referred to in Section 1 of this
Proclamation was solemnized as aforesaid before the date and
within the territory in the said section mentioned,
(b) That no such original record or copy thereof as aforesaid
exists or can be obtained,
(r) Of the names of the parties to such marriage, and of the fact
that one at least of them was a subject of the Realm,
by writing under his hand to be recorded by the officer in charge
of such register, to authorize the said officer to register such marriage
upon to request of either party thereto, upon production and delivery
to such officer for purposes of record of a written declaration made
on oath by such party, and setting forth the names of both parties
to such marriage and the place where, the date on which, and the
name of the minister by whom such marriage was solemnized.
6. Every person who shall produce to the officer in charge of such
register any original record or copy thereof as aforesaid, or who shall
certify to the correctness of any such copy, which shall be to the
knowledge of such person forged, false, or falsified in respect of any
—45—
of the particulars referred to in Section 3 of this Proclamation,
shall be deemed to be guilty of an offence and shall be liable, upon
conviction, to a fine of one hundred pounds sterling or to imprison¬
ment, with or without hard labour, for any term not exceeding
two years.
7. Every person who shall make any declaration on oath, in
manner provided in Section 5 of this Proclamation, which shall to
his knowledge be false in any material particular1, shall be deemed
to be guilty of the crime of perjury.
8. The registration of a marriage under the provisions of this
Proclamation shall not in any legal proceedings thereafter be deemed
to furnish proof that such marriage was actually solemnized, and
no marriage shall be deemed or taken to be rendered valid, nor any
right dependent on the validity or invalidity thereof to be affected
under and by virtue of the provisions of this Proclamation, which
marriage would not be rendered valid or which right would not be
affected, under and by virtue of the provisions of the said Act 52
and 53 Victoria, chapter 83.
GOD SAVE THE QUEEN!
Given under my hand and Seal, this 15th day of November, 1889.
H. A. SMYTH,
Lieutenant-General,
Acting High Commissioner.
By Command of His Excellency the Acting High Commissioner,
GRAHAM BOWER,
Imperial Secretary.
No 2 B, 1889.
7188. a.
PROCLAMATION
BY HIS EXCELLENCY SIR HENRY BROUGHAM LOCH,
Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint
George. Knight Commander of the Most Honourable Order of the Bath, Governor
and Commander-in-Chief of Her Majesty's Colony of Cape of Good Hope in
South Africa, aud of the Territories and Dependencies thereof, Governor of the
Territory of British Bechuanaland, and Her Majesty's High Commissioner for
South Africa, &c., &c., &c.
WHEREAS it is expedient to establish certain rules and
regulations concerning the granting of pensions, and
—46—
superannuation and other allowances, to persons employed in the
service of the Government of Basutoland :
Now, therefore, under and by virtue of the powers in me vested, I
do hereby declare, proclaim and make known as follows :
1. The Fixed Establishment of the Civil .Service of Basutoland
shall comprise all persons holding, or who may hereafter be perman¬
ently appointed to any office mentioned in Schedule A, so long as
any such person shall hold such office : provided, however, that no
Medical Officer exercising private practice as a physicain, surgeon or
accoucheur, shall be deemed to be upon the Fixed Establishment or
to be the holder of his office within the meaning of this Proclamation
unless and until he shall have signed an undertaking, in such form
as the Resident Commissioner shall approve, to regard the claims of
his private practice on his time as'subordinate to those of his work
for the said Government, and to hold himself liable, without title to
advance any claim for loss of private practice, to be removed for the
purposes of public service from any one place or station in the
territory of Basutoland to any other.
2. Persons permanently appointed to the Fixed Establishment
may not retire or be placed on pension unless they are over 60 years
of age, or are disabled by permanent infirmity of body or mind, or
are found to be unfit to discharge efficiently the duties of their
respective offices,—or unless their offices are abolished.
3. No pension or gratuity to be granted for service rendered
(1) By any person under 17 years of age.
(2) To any person who, not being of sufficient age, voluntarily
retires from the Service.
(3) To any person engaged in duties of a temporary character or
to anyone dismissed for misconduct.
4. Subject to these conditions and limitations a gratuity not
exceeding one month's pay for each year of service may be granted
to any person named in Schedule A who has been permanently
appointed to the Fixed Establishment, and who, before the completion
of ten years' continuous service, be compelled to leave the Service
from permanent infirmity of body or mind, or is found unfit to
discharge efficiently the duties of his office.
5. If the holder of an office in respect of which a pension or
gratuity may be granted, is compelled to quit the Service before the
completion of ten year's continuous service, through severe bodily
injury occasioned without his own default in the discharge of his
public duty, a gratuity of three months' pay for each year of service
or a pension not exceeding one-sixth of his annual salary and
—47 —
emoluments, may be granted to him ; and if, irrespective of the
length of his service, his death results from such bodily injury, a
gratuity not exceeding one month's pay for each year of service may be
granted to his widow or minor children, or to his parents, if
dependent on him for their maintenance, or if such gratuity shall
appear to be inadequate to meet the circumstances of any particular
case, such sum, not exceeding a year's pay, as may be considered
reasonable.
6. The privileges conferred by Sections 4 and 5 may bo extended
to any officer named in Schedule B, or his wife or relatives named in
Section 5, if he shall be specially recommended to the High Commis¬
sioner for the time being by the head of such officer's department,
and by the Resident Commissioner as a fit and proper person to
enjoy such privileges.
7. In the case of continuous service of ten years and upwards, a
pension of one-sixtieth (l-60th) of the average salary and emoluments
received during the last three years of service may be granted to
any one entitled or required to retire on pension for every year of
service which may lawfully be counted, not exceeding forty in
any case.
8. In the case of the abolition of the office of a person who has
been permanently appointed to the Fixed Establishment, annual
compensation allowance may be granted for any service, however
short, until some suitable re-employment can be found for him, but
such allowance may not exceed the rate of pension which might be
granted, if one or three years were added to the integral number of
years of continuous service, according as the officer has served under
five, or over five and under ten years ; or what might be granted if
five, seven, or ten years were added to the years and months of
continuous service according as the officer has served over ten and
under fifteen, over fifteen and under twenty years,or over twenty years,
provided that the years thus added may not exceed the number of
years by which the officer's age falls short of 65, nor may the pension
awarded exceed two-thirds of the average salary and emoluments.
9. The term " average salary," " salary and emoluments," means
the average for the preceding three years of salary (less local
allowance) with fees, house-rent or allowance, rations and other
remuneration for personal service added. But allowances for horse-
keep, travelling, &c., do not count for pension, nor may fees exceed
one-fourth of the salary or house allowance, one-sixth of the salary
and other emuloments.
10. Special pensions not exceeding full pay may be granted for
special services if approved.
-48-
11. À pension not exceeding his avevage yearly pay may be
granted to a Police Officer disabled by a wound or injury received in
the actual execution of his duty.
12. No person shall be deemed under and by virtue of this
Proclamation to be absolutely entitled to claim any pension or
compensation for past services, or any allowance as a superannuation
allowance, and all pensions, compensations or allowances, shall be
granted by the High Commissioner for the time being, with the
approval of Her Majesty's Secretary of State for the Colonies, nor
shall any pension, compensation, or allowance be granted at the
maximum rates provided in this Proclamation, save in cases where
the service in respect of which such pension, compensation, or
allowance, is granted, shall be proved to the High Commissioner to
have been thoroughly satisfactory ; provided that
(a) Where the testimony as to fidelity, diligence, or merit, is
defective, a reduced pension, compensation, or allowance,
may be granted,
and (bJ in all cases full particulars shall be submitted to Her
Majesty's Secretary of State for the Colonies as to the
conduct, age and length of service of the applicant for any
pension, compensation, or allowance, and as to the
circumstances under which the application is made.
13. If any applicant for a pension, compensation or an allowance
shall be at the time of his application unfit for the efficient discharge
of the duties of his office by reason of causes other than ill-health, or
by reason of ill-health attributable to the misconduct or fault of the
applicant, it shall be lawful for the High Commissioner either to
grant no pension, compensation, or allowance, or such reduced
pension, compensation or allowance, as he shall deem appropriate
to the circumstances of the case.
14. The period during which any person referred to in Schedule A
or Schedule B to this Proclamation may have served the Government
of Basutoland before the date hereof may be taken into consideration
in computing the length of service of such person, and the amount of
pension or other allowance to be granted to him.
15. Any person now holding, or who may hereafter hold any
office referred to in Schedule B, and who after eight years of con¬
tinuous good service under the Government of Basutoland may be
specially recommended by the head of his department and the
Resident Commissioner to the High Commissioner for the time being
as a fit and proper person to receive a pension, or other allowance,
may receive a grant from the High Commissioner, with the approval
of Her Majesty's Secretary of Stale for the Colonies, of such pension,
or other allowance as the High Commissioner shall think fit, not
-49—
being greater in amount than the maximum pension or allowance
which such person might have received had his office been one on
the Fixed Establishment as defined in this Proclamation.
16. The final decision of all disputes or questions which may arise
under this Proclamation or in respect of the true meaning and con¬
struction thereof, shall rest with the High Commissioner for the time
being, subject to the approval of Her Majesty's Secretary of State
for the Colonies.
GOD SAVE THE QUEEN !
Given under my hand and Seal, this 12th day of May, 1890.
HENRY B. LOCH,
High Commissioner.
By Command of His Excellency the High Commissioner,
GRAHAM BOWER,
Imperial Secretai*y.
No. I B, 1890.
SCHEDULE A.
Assistant Commissioners,
Secretary and Accountant,
Clerk to the Secretary and Accountant,
Inspector of Police,
Sub-Inspectors of Police,
Quarter-Masters of Police,
Medical Officers.
SCHEDULE B.
Interpreters,
Constables,
Men in charge of Government Ferry Boats,
Gaolers.
-50—
V 621 H
PROCLAMATION
BY HIS EXCELLENCY LIEUTENANT-GENERAL
WILLIAM GORDON CAMERON,
Companion of the Most Honourable Order of the Bath, Senior Officer in Command
of Her Majesty's Troops in the Colony of the Cape of Good Hope, Administering
the Government of,the said Colony, and the Territories and Dependencies thereof,
and Her Majesty's High Commissioner, &c,, &c., &c.
WHEREAS it is expédient to remove doubts which might arise
as to the scope and meaning of term "Interpreters" in
Schedule B to Proclamation No. I B of 1890:
Now, therefore, under and by vihtue of the powers by law iu me
vested, 1 do hereby declare, proclaim,v«nd make known as follows :—
The term " Interpreters " in Schedule B to Proclamation No. 1
B of 1890, shall be read and construed for\ll the purposes of the
said Proclamation so as to include Hospital Interpreters.
GOD SAVE THE QUEEN>
Given under my Hand and Seal at Cape Town, in this 22nd day of
Januhry, 1891.
W. G. CAMEllON,
High Commissioner.
By command of His Excellency the High Commissioner,
GRAHAM BOWER,
Imperial Secretarv.
No. 2 B, 1891.
PROCLAMATION
BY HIS EXCELLENCY LIEUTENANT-GENERAL
WILLIAM GORDON CAMERON,
Companion of the Most Honourable Order of the Bath, Senior Officer in Command
of Her Majesty's Troops in.the Colony of the Cape of Good Hope, Administering
the Government of the said Colony, and the Territories and Dependencies thereof,
and Her Majesty's High Commissioner, &c., &c., &c.
WHEREAS it is expedient to make provision for the inclusion
on the Eixed Establishment oL the Civil Service of
Basutoland, for the purposes of His Excellëhçy Sir Henky Loch's
—51—
Proclamation of the 12th day of May, 1890, (published in the
Govertyent Gazette of the 16th day of May, 1892), of every Clerk
in the mgh Commissioner's Office who may draw salary out of the
revenue of Basutoland :
Now, therefori^spnder and by virtue of the powers in me vested,
I do hereby declare)sproclaim and make known as follows :
1. From and after tb&sMate of this Proclamation, every Clerk
employed and serving in the^Qffice of the High Commissioner who
shall draw salary out of the rbyenue of Basutoland shall for the
purposes of the aforesaid Proclamation be deemed to be included
among the persons enumerated in Schedule A to the said Proclamation.
2. The employment and service of any Stmh clerk in the said office
before the date of this Proclamation shall bÈNtoken into calculation
for the purposes of the aforesaid Proclamation^ as though the office
of such Clerk had originally been included amon^the offices men¬
tioned in Schedule A aforesaid.
GOD SAVE THE QUEEN !
Given under my Hand and Seal this 20th day of October, 1892.
W. G. CAMERON,
Lieutenant- General,
High Commissioner.
By command of His Excellency the High Commissioner,
GRAHAM BOWER,
Imperial Secretary.
PROCLAMATION
BY HIS EXCELLENCY LIEUTENANT-GENERAL
WILLIAM GORDON CAMERON,
Companion of the Most Honourable Order of the Bath, Senior Officer in Command
of Her Majesty' Troops in the Colony of the Cape of Good Hope, Administering
the Government of the said Colony, and the Territories and Dependencies thereof,
and Her Majesty's High Commissioner, &c., &c., &c.
WHEREAS it is expedient to establish certain rules and
regulations concerning the granting of gratuities and other
allowances to natives employed in the Basutoland Police Force and
otherwise employed in the service of the Basutoland Government :
-52-
Now, therefore, under and by virtue of the powers in me vested,
do hereby declare, proclaim, and make known as follows :—
1. Upon the retirement or discharge from service of any member
of the Basutoland Police Force, after continuous good service for not
less than six years, such member shall be entitled to claim
(1) A retiring gratuity equivalent to three months' pay.
(2) A grant of half a month's pay for every year of such service
not exceeding twenty-four years in all.A
Provided that
(a) The rate of pay for the purpose of calculating such gratuity
and grant shall be deemed to he the average monthly pay
for the last three years of such service previous to such
retirement or discharge.
(b) In case of retirement or discharge where the record of service
is not good, the High Commissioner may, if he see fit upon
the recommendation of the Resident Commissioner, allow
to the retiring or discharged member a gratuity not exceeding
the amount of gratuity and grant to which such member
would have been entitled had the service been good.
(c) No gratuity or grant shall be claimable by any member who
shall retire or be discharged by reason of misconduct or
inefficiency due to any cause other than old age or infirmity
or ill-health not attributable to the misconduct or fault of
such member.
2. Upon the retirement or discharge from service of any member
of the aforesaid force in consequence of any injury or disease, received
or contracted in connection with the discharge of his duty, and
without his own fault, such member shall be entitled, irrespective
of the length of his service, to claim such special gratuity as the
High Commissioner, having regard to the nature of such injury or
disease, the length of such service, and all the circumstances of the
case, may deem fair and reasonable ; provided that nothing in this
Section contained shall be deemed to disentitle any member to receive
any gratuity or grant to which he would be entitled under the last
preceding Section of this Proclamation.
3. In the event of the death of any member of the aforesaid force,
who if he had retired or been discharged at time of his death would
have been entitled to claim, or might have received under either of
the two last preceding sections of this Proclamation any gratuity or
grant, the High Commissioner may, having regard to all the circum¬
stances of the case, allow to the widow, minor children, or parents
of such member, a gratuity not exceeding in amount the gratuity
—53—
and grant, if any, which such member upon retirement or discharge
at the time of his death would have been entitled to claim or might
have received.
4. The provisions of the three last preceding sections of this
Proclamation shall, mutatis mutandis, apply to hospital interpreters,
messengers, and other natives holding permanent employment under
the Basutoland Government, in respect of whom no provision is
made for any pension, retiring allowance or gratuity by the
Proclamation No. 1 B of 1890.
5. Permanent Native Police Officers in the service of the Basuto-
land~Trcrverjiment, shall not receive gratuities under the preceding
provisions of th"îS~feûc]amation, but shall for the purposes of the
Proclamation, No. 1 BoFT^90^diedeemed to be included in the list
of persons included in the Schedu!e~B~tû_the said Proclamation.
GOD SAVE THE QUEEN?
Given under my Hand and Seal, this 22nd day of January, 1991.
W. G. CAMERON,
High Commissioner.
By command of His Excellency the High Commissioner,
GRAHAM BOWER,
Imperial Secretary.
No. 1 B, 1891.
" (Amended by Proclamation of 3rd May, 1893.")
PROCLAMATION
BY HIS EXCELLENCY SIR HENRY BROUGHAM LOCH,
Knight Grand Cross of the Most Honourable Order of the Bath, Knight Grand Cross
of the Most Distinguished Order of Saint Michael and Saint George, Governor
and Commander-in-Chief of Her Majesty's Colony of the Cape of Good Hope in
South Africa and of the Territories and Dependencies thereof. Governor of the
Territory of British Bechuanaland, and Her Majesty's High Commissioner for
South Africa, &c., &c., he.
HEREAS it is expedient to amend an error in a certain
Proclamation of His Excellency Lieutenant-General William
Gordon Cameron, as High Commissioner, promulgated in the Cape
of Good Hope Government Gazette Extraordinary of the 23rd day of
January, 1891, being No. 1 B. 1891, and to declare the true intent
of sub-section (2) of section 1 one of the said Proclamation.
—54—
Now, therefore, under and by virtue of the powers in me vested
I do hereby proclaim, declare, and make known as follows :—
1. In sub-section 2 of the Proclamation No. i 13. 1891, the word
" additional " shall be inserted before the word " year."
2. This Proclamation shall be read as one with the said Proclama¬
tion No 1 B. 1891, and the said Proclamation shall be construed as
though the said word bad been originally inserted as aforesaid at
the promulgation thereof.
GOD SAVE THE QUEEN!
Given under my Hand and Seal, on this 3rd day of May, 1893.
HENRY B. LOCH,
High Commissioner.
By Command of His Excellency the High Commissioner,
GRAHAM BOWER,
Imperial Secretary.
ADMISSION OF BASUTOLAND INTO THE UNION.
PROTOCOL TO
The Customs Union Convention entered into between His
Excellency the Governor of the Colony of the Cape of Good Hope
and His Honour the President of the Orange Eree State, on behalf
of their respective Governments, and given under their hands and
the Public Seals of the said Colony and State on the 5th day of
April, 1889, and the 28th day of March, 1889, respectively, and to
the Further Protocol and Supplement thereto, the said Protocol
being signed and sealed as aforesaid by His Excellency the Governor
of the said Colony, and His Honour the President of the said State
on the 4th day of June, 1890, and the 19th day of June, 1890, and
assented to by His Excellency the Governor of British Bechuanaland
on the 4th day of June, 1890, and the-said Supplement being signed
by His Excellency the Governor of the said Colony and His Excel¬
lency the Governor of British Bechuanaland on the the 22nd day of
September, 1890, and by His Honour the President of the Orange
Free State on the 11th day of September, 1890.
His Excellency the Governor of the Colony of the Cape of Good
Hope and His Honour the President of the Orange Free State
mutually on behalf of their respective Governments, having regard
to the application made by, or on behalf of the Government of
—55—
Basutoland to be included as a party to the subsisting Customs Union
between the said Colony and State, and having regard to the article
of the subsisting Customs Union Convention entered into in the
year 1889 between His Excellency the Governor of the Colony of
the Cape of Good Hope and His Honour the President of the Orange
Free State on behalf of their respective Governments, do hereby
signify their joint assent in terms of Article X of the said Conven¬
tion to the admission of Basutoland as a party to the said Customs
Union, subject to the terms and conditions following, that is to
say :
1. The admission of Basutoland to the said Customs Union shall
take effect and operate on and after the 1st July, 1891, provided
that the Government of Basutoland shall before that date have passed
the legislation requisite to give effect to the terms and conditions of
this Protocol, relative to its admission as a party to the said Customs
Union.
2. His Excellency the High Commissioner shall at the foot or
end of this Protocol signify on behalf of Her Majesty's Government
his assent to this Protocol and to the terms and conditions herein
contained relative to the admission of Basutoland as a party to the
said Customs Union.
3. So soon as Basutoland shall be admitted as a party to the
said Customs Union, the Government thereof shall become, be and
continue bound by the provisions of the aforesaid Customs Union
Convention and of this Protocol thereto, and the terms of the said
Convention shall, mutatis mutandis, be read and construed as though
Basutoland were a fourth party thereto, the Government thereof
having all the rights and being bound by all the obligations with
regard to the respective Governments of the Colony of the Cape of
Good Hope, the Orange Free State, and the Territory of British
Bechuanaland, to which the said Governments are mutually entitled,
and by which they are mutually bound under the said Convention
with regard to each other. Provided always that,
(a) With regard to Articles III, 1Y, VII, X and XI, of the
said Convention, the mutual agreement or joint assent- of
the two Governments of the Colony of the Cape of Good
Hope, and of the Orange Free State, shall be required and
shall be sufficicent to carry out the several pmpe>
said Articles from time to time ;
(b) The Government of Basutoland shall be deemed to have
agreed and consented to any proposal, matter or thing
approved or resolved on in terms of any of the said articles
by the mutual agreement or joint assent of the aforesaid
two Governments ;
—56—
(c) No amendment of the provisions of the said Convention
shall be made under Article XI thereof, before consultation
with the Government of Basutoland;
(dj No agreement, rule, or regulation made by the mutual
agreement or joint assent in terms of paragraph (a) of this
proviso of the two Governments therein referred to, shall
at any time bo deemed or taken to be applicable to and
binding upon Basutoland or the Government thereof,
unless such agreement, rule, or regulation shall be also
applicable to and binding upon the Orange Free State,
and the Government thereof, or unless the Government of
Basutoland shall directly express to the said two Govern¬
ments its assent to such agreement, rule or regulation.
4. The Protocol to the said Customs Union Convention, entered
into between the Governor of the Colony of the Cape of Good Hope
and the President of the Orange Free State, on behalf of their
respective Governments, and given under their hands and the Public
Seals of the said Colony and State, on the 30th day of April, 1889,
and the 24th day of April, 1889, respectively, shall be deemed for
the purposes of this Protocol to form portion of the said Customs
Union Convention.
Given under my Hand, and the Public Seal of the Colony of the
Cape of Good Hope, at Cape Town, this Tenth day of January,
One Thousand Eight Hundred and Ninety-one.
HENRY B. LOCH,
Governor.
Given under my Hand and the Public Seal of the Orange Free
State, at Bloemfontein, this Twenty-eighth day of February,
One Thousand Eight Hundred and Ninety-one.
F. W. REITZ,
State President.
On behalf of Her Majesty's Government of Basutoland, I hereby
signify my assent to the above Protocol and to the terms and
conditions therein contained, relative to the admission of Basutoland
as a party to the Customs Union, subsisting between the Colony of
the Cape of Good Hope and the Orange Free State.
Given under my Hand, and the Public Seal of Basutoland, at Cape
Town, this Tenth day of January, One Thousand Eight Hundred
and Ninety-one.
HENRY B. LOCH,
High Commissioner
—57—
PROCLAMATION
BY HIS EXCELLENCY SIR HENRY BROUGHAM LOCH,
Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint
George, Knight Commander of the Most Honourable Order of the Bath, Governor
and Commander-in-Chief of Her Majesty's Colony of the Cape of Good
Hope in South Africa, and of the Territories and Dependencies thereof, and Her
Majesty's High Commissioner for South Africa, &c., &c., &c.
WHEREAS it is expedient to make provision for giving effect
to the entry of the territory of Basutoland into the South
African Customs Union ; to levy Customs duties ; to provide for the
free importation of certain articles into the said territory and for
the equitable distribution of Customs duties collected on goods,
wares and merchandise ; to declare certain places to be ports for the
said territory where or through which all goods must be imported
and exported ; to prescribe for the said territory certain routes or
roads over which such goods, wares or merchandise must be conveyed
to their destination ; to make Customs Regulations, to appoint a
Collector and other Officers of Customs ; and to provide for the
furture making, amending and cancelling of Customs Regulations by
notice in the Government Gazette of the said territory :—
Now, therefore, under and by virtue of the powers in me vested,
I do hereby proclaim, declare, and make known as follows :—
I. From and after the 30th day of June, 1891, the Colony of
the Cape of Good Hope, the Orange Free State, the territory of
British Bechuanaland, and the territory of Basutoland, shall con¬
stitute a South African Customs Union in terms of the Convention
entered into between the said Colony, State, and Territories and
it shall be lawful for the High Commissioner from time to time by
further proclamation in the Government Gazette, to declare the
admission to the said Union as and from the first day oi January
or July, as the case may be, after such proclamation, of any other
Colony, State, or Territory, in South Africa, having a civilized
Government ; provided, however, that no Colony, State, or Territory
not named in this Proclamation, shall be deemed to be admitted to
the said Union until after the expiration of six months from the
date of receipt by the High Commissioner of a request from such
Colony, State, or Territory, asking for a declaration of admission to
the said Union.
II. From and after the 30th day of June, 1891, there shall be
raised, levied, collected, and paid upon the goods, wares, and
merchandise imported or brought into the territory of Basutoland,
described and set forth in Schedule A hereto, the duties therein
—68—
set forth, and all such duties shall on collection be paid to the
Government of the said territory of Basutoland.
Til. The goods, wares, and mecliandise mentioned in the
Schedule B, hereunto annexed, shall be admitted into the territory
of Basutoland free of Customs duties.
IV. If any goods liable to the payment of Customs duties shall
be imported into the said territory, the Customs duties not having
been paid or secured according to law in the Union, then such
things shall become forfeited to the Government of the said territory;
provided that such forfeiture shall not be taken to affect or remove
any other fine 01* punishment which shall be incurred under or by
virtue of this or any other law in force at the time of such forfeiture.
V. In all cases where Customs duties on goods are charged
according to the value thereof, such value shall be taken to be the
market value of the goods at the place beyond the Union where they
may have been purchased by the importers thereof, with the
addition of Five Pounds per centum.
VI. Whenever any goods imported or warehoused on importa¬
tion into the Territory of Basutoland shall be removed to and for
consumption in any other Colony, State, or Territory within the
Customs Union from and after the 30th day of June, 1891, there
shall be payable to the Government of such other Colony, State or
Territory three-fourths of the Customs Union duties collected on
the said goods.
VII. The High Commissioner may make and alter, by notice
published in the Government Gazette, regulations for the importation
into, the removal and conveyance to and across the borders of the
Territory of Basutoland, and the conveyance through the said
Territory of all goods, wares or merchandise brought into the said
Territory, except raw produce of Africa and produce or manufatures
of any Colony, State, or Territory in the Union ; for the collection
of duties in the Territory; for the payment to any other Colony,
State, or Territory in the Customs Union of its share of Customs
duties collected by the Customs Officers of the said Territory ; and
for the payment to the said Territory of its share of the Customs
duties collected by the officers of any other Territory, Colony, or
State in the Customs Union. The High Commissioner may make,
from time to time, such other regulations, provided notice as
mentioned above is given, and may enter into such agreements, as
he may deem necessary and fit, in order to secure the proper execu¬
tion of the terms of the Convention established by the South African
Customs Union.
—59—
VIII. It shall be lawful for the High Commissioner by Procla¬
mation in the Government Gazette, from time to time to declare
certain places as ports for the said territory where or through which
goods may and must bo imported and exported, and he may also
declare the roads in the said territory over which such goods must
be conveyed to their destination. If any goods liable to Customs
duties shall be imported, or exported, through any other than such
declared ports, or in any other manner than is provided by this
proclamation, or by any regulation made by virtue of this proclama¬
tion, or conveyed over any other than the declared roads, then
such goods shall be forfeited to the Government of this said territory,
together with the vehicles and animals made use of in importing,
or exporting, the same.
IX. If any importer refuses to pay the Customs duties lawfully
payable on the goods imported by him, it shall be lawful for the
Customs officer of the port through which such goods had to be
imported, or for any other Customs officer thereunto authorized by
the High Commissioner, and he is hereby required, to take and
secure such goods with casks, boxes and other packages thereof and
to cause the same to be publicly sold within the space of one month
after such refusal to pay at such time and place as such officer shall
by four or more days public notice appoint for that purpose, which
articles shall be sold for cash to the highest bidders and the proceeds
shall be applied in the first place in payment of the Customs duties
payable on such goods, together with the charges which shall have
been occasioned by the said sale and all the costs and charges
incurred, and the overplus (if any) shall be paid to the importer or
proprietor or to any other person authorized to receive the same.
X. All things which shall be seized as being liable to forfeiture
under or in terms of this proclamation or of any other law or regula¬
tions now or hereafter in force relating to the Customs, shall forth¬
with be taken to and delivered into the custody of the Customs
officer at the Customs house next to the place where they were
seized, and the said officer shall secure the same, and after con¬
demnation of such goods shall cause the same to be sold by public
auction to the highest bidder : Provided always that it shall be
lawful for the High Commissioner to direct that in lieu of such sale
such things shall be destroyed or shall be reserved for the public
service. The produce of such sale by public auction shall be exempt
from the payment of auction dues thereon.
XI. All penalties and forfeitures which may be incurred under
any law now or hereafter in force relating to the Customs may be
sued for and recovered in the said teiTitory in the Court of the
—60—
Assistant Commissioner of the district in which tlie act or omission
entailing such forfeiture shall bave taken place.
XII. It shall be lawful for the High Commissioner to direct
any vehicle or animal seized under this proclamation, or any other
law relating to the Customs, to be delivered to the proprietor or
proprietors thereof, whether condemnation shall have taken place
or not, and also to mitigate or remit any penalty or fine incurred
under this proclamation or any such law, or to release from con¬
finement any persons or person committed under this proclamation
or any other law relating to the Customs on such terms and
conditions as the High Commissioner may deem fit.
XIII. All penalties and forfeitures recovered under this pro¬
clamation, or any regulation made under this proclamation, shall
be paid to the Government Secretary of the said territory, and shall
be divided, paid and applied as follows, that is to say : After
deducting the charges of prosecution, if any, and of the costs of sale,
two third parts of the net produce shall be paid into the treasury
and the other third part shall be placed at the disposal of the High
Commissioner for the purpose of granting thereout such sums of
money, or the whole thereof, to such officer or officers or other
persons as may have rendered efficient service either by information
or active assistance in leading to the recovery of such penalty or
forfeiture, and the balance of such third part, if any, shall be repaid
to the treasury.
XIV. If any such Customs officer shall take or receive any fee,
gratuity or reward, whether pecuniary or of any other sort or
description whatsoever, directly or indirectly from any person not
being a person lawfully authorized in that behalf, on account of any
thing done or to be done by him in, or in any way relating to, his
said office, every such officer so offending shall, on proof thereof to
the satisfaction of the High Commissioner, be dismissed from his
office, and if any person, not being a person lawfully authorized in
that behalf, shall give, offer, or promise to give, any such fee,
gratuity or reward, such person shall for every such offence forfeit
the sum of one hundred pounds sterling.
XV. Any person who counterfeits, falsifies, or procures, either
under false pretences or with intent to defraud, or with intent to
evade, this proclamation, or any law or regulation now or hereafter
in force relating to the Customs, or tries, or attempts to procure
any warrant, permit, certificate, or other document, required under
this proclamation, or under any regulation made under this pro¬
clamation, or who wilfully uses, or attempts to use, any such
document, or by making any false statement, false affidavit or false
declaration, procures or attempts to procure, any such warrant,
—(51—
permit, or certificate, or causes or attempts to cause, the same to be
drawn up, shall, for every offence, be liable to the punishment as
provided in section eighteen of this Proclamation.
XYI. If any person shall assault, resist, oppose, molest, hinder,
or obstruct, any officer of Customs in the exercise of his office, or
any person acting in his aid, such person, being thereof convicted
shall be liable to a fine not exceeding five hundred pounds sterling,
or to be imprisoned with or without hard labour for any period not
exceeding five years.
XVII. If any goods shall be stopped, or seized for non-payment
of Customs duties, or any other cause of forfeiture, and any dispute
shall arise, whether duties have been paid for the same or
not, or whether the same have been lawfully imported or exported,
the onus of proof of the facts in dispute shall be on the owner of
the goods and not on the officer who shall stop or seize the same.
XVIII. Any person who shall contravene any section of this
Proclamation for the contravention of which no special punishment
has been fixed, or any regulation made under this Proclamation, shall
he liable to a fine not exceeding three hundred pounds sterling, and
in default of payment to imprisonment with or without hard labour,
for any period not exceeding twelve months, or to both such fine and
such imprisonment ; and all goods imported or recovered in con¬
travention of any such regulation, and all vehicles made use of in the
importation or in the removal of such goods, shall become forfeited
to the Government of the said territory.
XIX. The duties of Collector of Customs in and for the territory
of Basutoland shall be discharged by the Assistant Commissioner or
other officer of the Basutoland Government who from time to time
may be appointed to act as such by the Resident Commissioner.
GOD SAVE THE QUEEN !
Given under my hand and seal this 24th day of March, 1891.
HENRY B. LOCH,
High Commissioner.
By Command of His Excellency the High Commissioner,
No. B. 3, 1891.
GRAHAM BOWER,
Imperial Secretary.
■62—
SCHEDULE A.
Articles.
Ale and beer, per Imperial gallon
Agricultural implements (Kafir hoes and picks excepted)
per £100 ... ...
Axles, bushes, springs and lamps for carts, carriages and
other wheeled vehicles, per £100
Bacon and hams, per lb.
Bags for flour, grain, coal and wool, per £100 ...
Beads, per ft
Butter, per ft
Candles, per ft
Carriages, carts, wagons and other wheeled vehicles,
including wheel barrows, per £100
Cement, per 4-00 fts.
Cheese per ft.
Chicory, per 100 fts.
Cider, per Imperial gallon
Coals, coke and patent fuel, per ton
Cocoa and chocolate, per 100 fts. ...
Coffee, per 100 fts.
Confectionery, jams, jellies, bottled and tinned fruits and
manufactured sweets, not being medicated or properly
classed as apothecary ware, but including sweetmeats
of all sorts and other articles with which sugar is
largely compounded for preserving purposes, per
100 fts.
Corks and bungs, per £100
Corn and grain of all kinds, per 100 fts.
Dynamite, per ft
Dates, per ft
Fish preserved or pressed in pots, bottles, tins or wood
per ft.
Fruits, dried, per ft.
Flour, wheaten or wheaten meal, per 100 fts.
Ginger, dry, chow chow, and other similar preserves
per ft.
Gunpowder, per ft ...
Guns and gun-barrels, per barrel
Hops, per £100
Iron, bar, bolt and rod, per £100
Lard, per 100 fts. ...
Marble, per £100 ...
Matches, viz. :—
£
0
s. d
1 3
10 0 0
10
0
5
0
0
0
20
0
0
0
0
0
0
0
0 0
0 2
0 0
0 2
0 3
0 2|
0
2
0
16 8
1
2
16 8
12 6
0
16
8
10
0
0
0
2
0
0
0
3
0
0
2
0
0
2
0
0
2
0
5
0
0
0
3
0
0
6
1
0
0
10
0
0
10
0
0
0
12
6
10
0
0
—63—
Wooden, in boxes or other packages containing not
more than 100 matches, per gross 0 2 0
Ditto, in boxes or other packages containing more than
100 and not more than 200 matches, per gross ... 0 4 0
Wax vestas and fusees, in boxes or other packages
containing up to 50 vestas or fusees, per gross ... 0 2 0
Wax, in boxes or other packages containing up to 100
vestas or fusees, per gross ... ... ... 0 4 0
And at the same rate for every additional 50 vestas
[or fusees.
Meats, salt or preserved, in tins, cases or otherwise,
per 6. 0 0 2
Metal composition and sheathing, per £100 10 0 0
Mules, each ... ... ... ... ... ... 10 0
Oils of all descriptions other than chemical, essential,
and perfumed, per Imperial gallon ... ... 0 1 0
Oils, chemical, essential and perfumed, per £100 ... 15 0 0
Paddy (known in Natal as coolie rice), per 100 6s. ... 0 1 6
Pistols and pistol barrels, each ... ... ... 0 5 0
Picks and hoes (Kafir), each ... ... ... 0 0 6
Pickles and sauces, per lb.... ... ... ... ... 0 0 2
Rice, per 100 lbs. ... ... ... ... ... 0 3 6
Rosin, per £100 ... ... ... ... ... 10 0 0
Roeksalt, per ton ... ... ... ... ... 0 2 0
Salt, all other descriptions, per ton ... ... ... 0 5 0
Soap, common, brown, blue, yellow or mottled, per 100 6s. 0 4 2
Soda, caustic, per £100 ... ... ... ... ... 10 0 0
Spirits of all sorts, not exceeding the strength of proof
by Sykes' Hydrometer and so on in proportion for
any greater strength, per Imperial gallon ... ... 0 10 6
Spirits, sweetened or perfurred, liqueurs and cordials,
per Imperial gallon ... ... ... ... ... 0 10 6
Spirits, distilled from the produce of any colony, state or
territory in the Union (other than spirits distilled
from the produce of vines grown in any colony, state
or territory in the Union), and imported from one
colony, state or territory in the Union into another
colony, state or territory in the Union, not exceeding
the strength of proof by Sykes' Hydrometer and so
on in proportion for any greater strength, per Imperial
gallon ... ... ... ... ... ... 0 2 0
Sugar of all sorts (including molasses and concrete),
per 100 6s. ... ... ... ... ... ... 0 6 3
Staves, per £100 ... ... ... ... ... ... 5 0 0
Tallow, per 100 6s. ... ... ... ... ... 0 4 2
Tamarinds, per 6. ... ... ... ... ... 0 0 2
Tea, per 6 008
—64—
Tin, viz., plate or sheet, per £100
Tobacco, not manufactured, per lb
Ditto, manufactured (not cigar or snuff), per lb
Cigars per lb.
And for every £100 value, per £100 ...
Cigarettes, per lb. gross ...
Snuff, per lb.
Turmeric, per lb
Turpentine, per gallon
Varnish, per gallon
Vegetables, preserved or pressed, in pots, bottles, tins or
wood, per lb. ... ,
Vinegar, per gallon
Wine, in bottles, each of not greater contents than 6 to
the Imperial gallon, per dozen bottles
Ditto, in bottles, each of not greater contents than 12 to
the Imperial gallon, per dozen bottles
Ditto, in other bottles or in wood, per Imperial gallon...
Wood, unmanufactured, other than teak, per cubic foot...
Wood, other than teak, plain or grooved, per cubic foot...
Teak, per cubic foot
Goods not above enumerated or described nor otherwise
charged with duty, and not prohibited to be imported
or used in any state, colony or territory of the Customs
Union, per £100 12 0 0
5
0
0
0
1
0
0
2
0
0
4
0
10
0
0
0
2
0
0
4
0
0
0
3
0
1
0
0
1
0
0
0
2
0
0
6
0
12
0
0
6
0
0
6
0
0
0
2
0
0
3
0
0
4
SCHEDULE B.
Free
All raw produce of South Africa imported overland.
All goods grown, produced or manufactured within the Customs
Union imported overland, excepting flour manufactured from
other than South African wheat, and excepting spirits upon
which the duty of two shillings per Imperial gallon is imposed
by the above tariff.
All articles of Military, Naval or Volunteer uniforms or appointments
imported for the use of Her Majesty's Imperial or Colonial
forces or forces of the states belonging to the Customs Union.
Anchors and chain cables for ships' use.
Animals living (excepting mules).
Bones.
Bettles of common glass imported full of wine, beer or other liquid,
liable to Customs duty.
Books, printed, not being foreign reprints of British or South African
Copyright Works.
—65.
Bullion or Coin.
Carriages, Carts, Wagons and other wheeled vehicles, the manufac¬
ture of South Africa, imported overland.
Cotton in its raw state.
Diamonds or other gems in their rough state.
Feathers, Ostrich, undressed.
Fencing wire, iron standards, and all other materials intended to be
used solely for the purpose of wire fencing,
Fish not specially rated.
Flowers of Sulphur.
Fruit, green, including cocoanuts.
Guano and other manures.
* Hair, viz., Angora.
* Hides, Ox an Cow.
* Horns, Ox and Cow.
* Horns, wild animals.
Ice.
* Ivory.
Machinery and the component parts thereof, viz., for agricultural,
mining, sawing or manufacturing purposes.
Maps and Charts.
Materials for use in construction of Railways or Tramways, such
materials to mean as follows :— Rails, sleepers, fastenings for
rails orsleepers, iron girders, iron bridge works, culvert tops
locomotives, tenders, ballast trucks, goods wagons, railway
cartàages, engine water tanks, turn tables and railway signals.
Materials for use in construction of telegraph lines.
Paper for newspaper and book printing purposes.
Photographs.
Pig iron.
Printers' and Bookbinders' materials.
Provisions or other stores for the regular forces in the service of Her
Majesty, and the States belonging to the Customs Union.
Seeds, bulbs or plants, garden.
Sheep dip.
* Skins, viz , goat.
* Seal.
* Sheep.
* Wild animals.
Specimens illustrative of natural history.
Tobacco, the produce of South Africa, imported overland.
Wine imported or taken out of bond for the use of military officers
serving on full pay in the regular land and sea forces of Her
Britannic Majesty, and States belonging to the Customs Union,
and also for the use of officers of Her Majesty's navy serving
on board any of Her Britannic Majesty's ships, subject, however,
* Not manufactured, but in the raw state.
-66—
to such regulations as may be made and provided : that if any
such wines shall be subsequently sold except for the use and
consumption of any such officers serving as aforesaid, the same
shall be forfeited and liable to seizure accordingly.
* Wool, viz , Sheep's.
BASUTOLAND GOVERNMENT NOTICE.-No. 1, 1891.
Government House, Cape Town, 24th March, 1891.
UNDER and by virtue of Section 7 of Proclamation, B. 3, 1891,
His Excellency the High Commissioner has been pleased to
make the following regulations for the importation into and for the
removal to and across the border of this Territory of all goods, wares
or merchandise except the Raw Products of Africa and the produce
or manufacture of any Colony, State, or Territory belonging to the
South African Customs Union.
By order,
GRAHAM BOWER,
Imperial Secretary,
CUSTOMS REGULATIONS.
1. No goods, wares or merchandise shall be imported or brought
into the territory of Basutoland from beyond the Union, or for
removal to places beyond the borders thereof, except at such places
as may be declared by the Governor by proclamation to be ports for
that purpose ; and if any goods, &c , shall be imported into or exported
from this territory at any other places than such duly proclaimed
ports, all such goods, &c., shall be forfeited.
2. Upon the arrival at any port in the territory of Basutoland
from any Colony or State not in the South African Customs Union,
of any conveyance, animal or person laden with goods &c., to be
imported into this territory, the person in charge or possession of
such conveyance, &c., or goods, &c., shall come at once to the Custom
House at such port and there make report in writing in duplicate (in
the form " A " in the Schedule hereunto annexed) concerning such
conveyance, &c., and goods, &c., in his charge or possession and
relating to the journey, and shall make and subscribe, before the
proper officer of Customs, the declaration at the foot of such report
as to the truth of the same, and also the application for permission
to import the goods described in such report ; and he shall at the
same time produce to such officer all way bills and other documents
relating to the conveyance, &c., goods, or journey ; and he shall also
* Not manufactured, but in the raw state.
-67—
answer all such questions concerning the conveyance of goods and
journey as shall be demanded of him by such officer.
3. No conveyance, animal or person laden with goods, wares or
merchandise imported from any place beyond the Union for consump¬
tion in this territory or within the Union, shall be removed from
the port of importation until due entry of, and payment ot duty on
the goods at the Custom House at such port, in the manner pre¬
scribed in No. 5 of these regulations, or until the person in charge
of such conveyance, etc., and goods shall have undertaken in writing
that he will not unload, diminish or in any way tamper with nor
allow to be unloaded, diminished or tampered with the goods until
due entry thereof and payment of duty thereon in the manner
prescribed in No. 5 of these regulations at the Custom House to
which he may be directed in writing by the officer of Customs at
the port of importation, for the purpose of such entry and payment
of duty ; provided that in every case such person shall first obtain
from the officer of Customs a Delivery Order (in the form " G " in
the Schedule hereunto annexed) for the removal, unloading and
delivery of the goods, or a Permit (in form " D " in the Schedule
hereunto annexed) for the removal of the goods from the Custom
House at the port of importation to the Custom House where entry
and payment of duty are to be made.
4. No goods shall be imported into this territory from any place
beyond the Customs Union before sunrise or after sunset.
5. Before any goods imported from beyond the Union for
consumption in this territory, or within the Union, shall be unloaded
or delivered to any consignee, due entry thereof and payment of the
duty thereon shall be made at the Custom House at the port of
importation or at the Custom House to which the goods may be
permitted to be removed for the purpose of entry and payment of
duty in the manner following, viz. :—The importer or his agent
shall deliver to the proper officer of Customs at the Custom House,
a bill of entry in duplicate (in the form " B " in the Schedule
hereunto annexed), wherein shall be set forth full particulars of the
goods, sufficient to enable the duties payable on them to be assessed,
and such particulars shall be arranged on the Bill of Entry in such
manner as the officer may require ; and the importer or his agent
shall at the same time pay down all the duties payable on the goods,
and he shall hand to the officer all invoices and other documents
relating to the goods ; and the importer or his agent shall, at his
own risk and expense, open and unpack, repack and close up such
packages as may be required to be examined by the Officer of
Customs.
6. All goods imported for conveyance through this territory to
any Colony, State or Territory whithin the [Union, or beyond the
—68—
limits thereof, shall be conspicuously marked in large letters with
the name of the Colony, State, or Territory to which they are to be
removed.
7. All goods imported to be removed through this territory to any
place beyond the limits of the Union shall be conveyed by the most
direct practicable route, having regard to the destination of the
goods; and no such goods while in this territory shall be delivered,
diminished, or in any way tampered with, nor shall they be unloaded
except in such circumstances as may be elsewhere in these Regula¬
tions provided for.
8. Before any conveyance, animal, or person with goods imported
to be conveyed through this territory to any place beyond the limits
of the Union shall be removed from any Custom House or Warehouse
in this territory, the person in charge of the goods shall undertake
in writing to follow the most direct practicable route having regard
to the destination of the goods, and that none of the goods in his
charge shall be, or shall be allowed to be, delivered, diminished, or
tampered with, or unloaded, except as elsewhere in these Regulations
provided for, while in this territory ; and in every case the person
in charge of the goods shall, before removing the same, obtain
from the Officer of Customs at the Custom House, or Warehouse,
permission in the form of a Pass (in the form " E " in the Schedule
hereunto annexed) to convey the goods through this territory on the
terms laid down in his undertaking given : Provided that in the case
of accident or repairs necessary to the conveyance, the goods may
be unloaded by permission to be obtained from the nearest Customs
officer, Assistant Commissioner, or Justice of the Peace, who shall,
however, require that the goods be properly secured at the expense
of the person conveying the same.
9. The Customs duty leviable on goods imported into this territory
from or through any place beyond the Union becomes due and is
payable immediately the goods are brought across the borders
thereof, and may be lawfully demanded forthwith when the owner
or consignee or his agent accompanies the goods ; but in the case of
the goods conveyed across the border by a duly proclaimed road
and not being accompanied by the owner, consignee or agent, entry
and payment of duty may be deferred, as in regulations 3 and 5
hereof provided, until the arrival of the goods at Custom House
to which the goods may be directed to be conveyed by the officer
of Customs at the port on the Border, beyond which places, however,
it shall not be lawful to convey the goods without payment of duty
first made. Importers should therefore make due provision for
entry and payment of duty on goods on arrival at the Custom House
as above mentioned.
10. In the case of goods imported into this Territory, from any
-69—
place not in the Union, to be removed to any other Territory, State,
or Colony in the Union, for consumption therein, the importer or his
agent shall write at the head of the Bill of Entry referred to in No.
5 of these regulations, or across the face thereof, in red ink, a state¬
ment indicating the name of the place to which such goods are to
be removed and the mode of carriage to be employed. And no such
goods shall be removed from this Territory to any other Territory,
State, or Colony in the Union, unless the Customs Union duties shall
have been first paid.
11. Whenever any goods, wares or merchandise (not being the
growth, produce or manufacture of any Colony, State or Territory
belonging to the Union, and not being the raw produce of South
Africa) shall be removed overland from this Territory to and for
consumption in any other Territory, State or Colony in the Union,
the consignor of such goods shall frame a " notice " in the form F in
the Schedule hereto annexed, wherein shall be set forth the name
of the consignee, and of the place and Territory, State or Colony to
which such removal is to take place aud the mode of conveyance ;
the marks, numbers, and description, of the packages ; description
qualities, nett quantities of the contents with the current market
values thereof at the place beyond the Union whence originally
imported into the Union—sufficient to enable the Customs duties
paid thereon on importation to be assessed with accuracy, and also
an " advice " in the form G in the Schedule annexed, and the con¬
signor shall sign a declaration on such notice and on such advice as
to the truth of the particulars given thereon, before a Justice of the
Peace or an Officer of Customs. And the consignor shall obtain on
such notice and on such advice a receipt for the goods from the
Postmaster or carrier, according as the goods are to be conveyed, by
post or other mode of carriage—which receipts shall be granted by
the Postmaster or carrier, to whom the goods may be delivered for
removal And within 24 hours after the delivery of the goods at
any post office in this Territory, or after the loading up of such
goods on any other conveyance, the consignor shall dispatch the
completed and receipted notice to the Government Secretary at Ma¬
seru, and shall dispatch the advice to the consignee of the goods at
the place in the Territory, State or Colony in the Union to which
the same are being removed for consumption therein.
N.B.—The notice may be sent to the Government Secretary as
above through the post free, marked " the public service " by the
consignor.
12. Whenever any goods, wares, or merchandize (not being the
growth, produce, or manufacture of any Colony, State, or Territory
belonging to the Union, and not being the raw produce of South
Africa) shall be brought into this Territory for consumption therein
—70—
from any other Territory, State, or Colony in the Union—before the
consignee of such goods shall take delivery thereof from any post
office or from any carrier, such consignee shall first have in his
possession an advice similar to that in the form G (described in
regulation 11 hereof) from the consignor; and within 24 hours
after delivery of all the goods the consignee shall dispatch such
advice," with the delivery to him of the goods noted thereon, to the
Government Secretary at Maseru. And in the event of no such
" advice," having reached the consignee in this Territory, he shall,
before taking delivery of goods, roport their airival to the nearest
Officer of Customs, Assistant Commissioner, or Justice of the Peace
so that steps may be taken through Government to require the
consignor of the goods to comply with the regulations of his
Government.
N.B.—The advice may be sent to the Government Secretary as
above by the consignee through the post free, marked " on the public
.service."
13. All goods imported or brought into this territory, or exported
or removed therefrom, contrary to these regulations, may be seized
by any officer of Customs or member of the Police Force, Assistant
Commissioner, Justice of the Peace, Chief Constable, Field-cornet,
or person empowered to act for any one of such officers.
14. These regulations shall not apply to any goods being the
growth, produce, or manufacture of any Colony, State or Territory
belonging to the South African Customs Union, or to the raw produce
of South Africa.
SCHEDULE.
Form A.
"WAGON REPORT."
Custom House No.
Particulars of arrival, Hour min
Date 1S9 .
Name and address of the >
owner of conveyance. )
Name of tlve person in )
charge of conveyance. j
Marks and
Nos. of the
Packgs.
Where and by whom
laden.
Number and
Description of
Packages.
Particulars of contents
of packages as far as
known to person in
charge of goods.
Where and
to whom
consigned
I declare the above to be a true and just report of the particulars
of the conveyance and goods in my charge as far as is known to me
(and of the present journey), and 1 hereby request permission to
import the above. 1 also hereby undertake that none of the said
goods shall be diminished or tampered with, nor unloaded or delivered
in this territory until all the requirements of the Customs Regulations
shall.have been complied with. And 1 undertake to follow only
such roads through this territory as may be provided by law.
—72—
Signed and declared to this ")
day of 189 , at the Custom /
House, in the presence of )
Person in charge of conveyance.
Collector of Customs.
Form B.
"BILL OF ENTRY FOR PAYMENT OF DUTY."
In the wagon belonging to whereof is in charge,
from Importer
Marks and
Nos of
Packages.
Number and
Description of
Packages.
Particulars of the quantities
and qualities of the goods
contained in the several
packages and whether
they are the produce or
manufacture of the Cape
Colony, Free State, Trans
vaal, Natal or other South
African State or Territory
or of any country beyond
the seas.
Current value of
the Goods at the
place where they
w ere purchased.
Duty Payable
i
1 hereby declare the above to be a true and just
account of all the goods contained in the several packages described,
and that the value set opposite to the goods is the true market value
of the same at the place where they were purchased by me for on
my account).
Witness my hand this day of ,189
Importer.
The above declaration signed this day of 189 . in the
presence of
Collector of Customs
No
—73—
Form C.
"DELIVERY ORDE R."
No
Delivery is hereby given of the following goods, viz. :—
m
<d
&0
03
laden at on the.
p belonging to
p, in the charge of.
and consigned to.
residing at
all the duties having been paid on the said goods, vide Bill of
Entry, No of 189 . ., and all
c the requirements of the Customs Regulations having been
complied with.
rE| Custom House,
189 . .
Collector of Customs.
o
p
Form D.
" PERMIT." No
Permission is hereby given for the belonging
to in the charge of
of and laden at with
goods consigned to at consisting
of
05
p
be
a
A!
v
cl, Registered No of 189... ,to proceed
°o from the border at to the Custom House
j" at for the purpose of the due entry of and payment
"g of duty on the said goods, the said having given an
^ undertaking in writing that none of the goods in his charge
—74
"3 shall be unloaded, diminished, tampered with or delivered until
^ the duties on them shall have been paid according' to law.
Custom House,
189...
Collector of Customs.
o
£
o
H
SEAR
OR
STAMP
Form E.
WAGON PASS." No
| A Pass is hereby granted for the belonging
g to in charge of
%fJ of and laden at
^ with goods consigned to of
a, (beyond the limits of the Customs Union) consisting of
as per waybills hereunto annexed, to
proceed through this territory to its destination as above, the
^ said having given an undertaking,
: in writing, to proceed by the transit road
«J and that none of the goods in his charge shall be unloaded,
°. diminished, tampered with while in this territory.
o
^ Custom House,
-s 189...
o
Ph
QJ
Collector of Customs.
—75—
Form F.
NOTICE.
Goods removed to aud for consumption in the ...(within
[the S.A.C. Union).
To the Government Secretary, Maseru.
The undermentioned goods—duty paid—have been delivered as
below for removal from Basutoland to Messrs... at. . in the...for con¬
sumption therein.
Marks and
Nos.
Number and
denomination of
the Packages.
Particulars of the quality
and quantity of the goods
contained in the several
packages.
In the case of
Rated Goods
the tale, gauge,
or measure, or
nett weights.
Current market va¬
lue of the goods
at place beyond
Union whence
goods originally
imported into the
Union.
I do hereby solemnly declare to the best of my knowledge
and belief that the above is a true and correct account of the quantities
and value of the goods above described, and that they have been
despatched for removal to at and that the mode of
carriage is
Declared before me at this day of 189...
Consignor.
J.P. or Officer of Customs.
The above goods have been duly received by me to be conveyed
by to at in
Carrier or Postmaster.
Date 189
N.B.—This form can be obtained gratis at the office of any R.M. or J.P. or Custom
House, and may be sent by the Consignor free through the post to the Government
Secretary, "Maseru, marked " On the public service."
ADVICE.
Feom G.
Goods, removed to and for consumption in the (within
[the S.A.C. Union).
The undermentioned goods—duty paid—have been delivered as
below for removal from Basutoland, consigned to at
for consumption in the
Marks and Numbers.
Number and denomination
of the packages.
Particulars of the quality and quan¬
tity of the goods contained in the
several packages.
The goods above described have been received by me to be
conveyed by to
Dated this day of 189...
Carrier or Postmaster.
To Messrs at
I, do hereby solemnly declare that
I have forwarded to the Government Secretary at Maseru, a " Notice "
as required by the Customs regulations—for the above goods. Please
be good enough on receipt of the goods to endorse this advice, and
send it to the proper Officer as required by the Customs Regulations
of your Government.
Declared before me at this day of 189...
Consignor.
J.P. or Officer of Customs.
ENDORSEMENT.
To the
The goods within described have been duly received by me
at this day of 189...
Consignee.
N.B.—This endorsed advice is to be sent by the " Consignee " post free to the
proper Officer of his Government, marked " On the public service."
—77—
No. 7,932 a.
THE CAPE OF GOOD HOPE
GOVERNMENT GAZETTE.
Published by Authority.
WEDNESDAY, JUNE 30th, 1897.
BASUTOLAND.
PROTOCOL
TO
The Customs Union Convention entered into between His Excellency
the Governor of the Colony of the Cape of Good Hope and His
Honour the President of the Orange Free State, on behalf of
their respective Governments, and given under their hands
and the Public Seal o'f the said Colony and State on the 5th
day of April, 1889, and the 2bth day of March, 1889, respective¬
ly, and to the further Protocols and Supplements thereto :
His Excellency the Governor of the Colony of the Cape of Good
Hope and High Commissioner and His Honour the President of
the Orange Free State mutually, on behalf of the respective Govern¬
ments of the Colony of the Cape of Good Hope, Basutoland and the
Orange Free State, hereby agree as follows :
The Protocol to the said Convention entered into between His
Excellency the Governor of the Colony of the Cape of Good Hope
and His Honour the President of the Orange Free State mutually
on behalf of their respective Governments, and signed on the eighth
day of October and the second day of November, 1896, shall be
read and construed as forming part of and amending the Protocol
to the said Convention entered into between His Excellency the
Governor of the Colony of the Cape of Good Hope and His Honour
the President of the Orange Free State and His Excellency the
High Commissioner mutually on behalf of the respective Governments
—78—
of the Colony of the Cape of Good Hope, the Orange Free State
and the Territory of Basutoland, and signed upon the 10th day of
January, 1891, and the 28th day of February, 1891.
Given under ray hand and the Public Seal of the Colony of the Cape of Good Hope,
at Cape Town, this 24th day of June, 1897.
A.MILNER,
Governor.
Given under my hand and the public Seal of the Orange Free State, at Bloemfontein,
this 29th day of June, 1897.
M. T. STEYN,
State President.
Given under my hand and the Public Seal of Basutoland, at Cape Town, this
24th day of June, 1897.
A. MILNER,
High Commissioner.
PROCLAMATION
BY HIS EXCELLENCY SIR ALFRED MILNER,
Knight Commander of the Most Honourable Order of the Bath, Governor and
Commander in Chief of Her Majesty's Colony of the Cape of Good Hope in
South Africa, and of the Territories and Dependencies thereof, and Her
Majesty's High Commissioner, &c., &c., &c.
WHEREAS it is expedient to amend Plie provisions of the High
Commissioner's Proclamation of March 24th, 1891, by
altering the Customs Tariff imposed upon goods imported into the
Territory of Basutoland and by altering the proportion or share of
duty on goods imported into the said Territory and thereafter
removed for consumption into another Colony, State ©r Territory
within the Customs Union, to he paid to such other Colony, State,
or Territory : Now, therefore, under and by virtue of the powers
in me vested, 1 do hereby proclaim, declare and make known as
follows :
1. In lieu of the duties imposed by Schedule A of the said
Proclamation there shall be raised, levied, collected and paid upon
the goods, wares and merchandise imported and brought into the
Territory of Basutoland the duties as set forth in Schedule A (Class
I, III, and IM ) hereunto annexed.
2. The Third Section of the said Proclamation is hereby
repealed, and the goods, wares and merchandise in Class II of the
-79—
said Schedule A shall from and after the taking effect of this
Proclamation he admitted into the said Territory free of duty.
3. The Sixth Section of the said Proclamation is hereby amended
by substituting the words " eighty-five per cent." for the words
"three-fourths" in the said Section.
4. This Proclamation shall take effect from 1st July, 1897.
GOD SAVE THE QUEEN!
Given under my hand and Seal at Cape Town, this 29th day of June, 1897.
A. MILNER,
High Commissioner.
By Command of His Excellency the High Commissioner,
C. T. DAWKINS,
Acting Imperial Secretary.
No. 8 of 1897.
SCHEDULE A.
Class I.—Special Rates.
Article. I Rate.
£ s. d.
1. Ale, Beer and Cider : all kinds of
strength exceeding 2 per cent, of
proof spirit (a) in vessels of not
greater content than one Imperial
quart . . . . . . . . per Imp. Gal. 0 16
(b) In other vessels, bulk or wood . . do. 0 13
2. Acetic Acid . . . . . . do. 0 3 0
3. Beads, known as " Kaffir beads" . . per ft. 0 0 3
4. Blasting' Compounds : including' all
kinds of explosives suitable and
intended for blasting, and not suitable
for use in firearms
5. Butter, Butterine, Margarine, Ghee
and other substitutes for Butter . .
6. Candles . .
7. Cement
8. Cheese
9. Chicory and other substitutes for Coffee
o
o
0
3
do. 0
0
3
do. 0
0
2
per 100 fts. 0
0
6
per ft. 0
0
3
per 100 fts. 0
16
8
•80—
Article. | Rate.
r £ s d
10. Coffee : (a) raw . . . . . . do. 0 6 3
„ (b) roasted, ground and mixed. . do. 0 16 8
11. Cocor. and Chocolate : plain unsweetened. per Hi. 0 0 2
12. Cocoa, Chocolate or Coffee—and—Milk. . do. 0 0 2
13. Condensed, and Desiccated Milk or Cream per 100 ft 0 4 2
14. Coals, Coke, and Patent Fuel . . . . per ton 0 2 0
15. Confectionery : including honey, jams,
jellies, preserves, sweetmeats, candied or
preserved ginger and chow-chow ; and all
other kinds compounded, made or pre¬
served with sugar, but not including purely
medicinal preparations properly classed
as apothecary ware .. . . . . per 100 fts. 0 18 9
16. Corn and Grain, viz. : Barley, maize, oats,
rye, wheat, beans and peas: in the raw state per 100 fts. 0 2 0
17. Dates. . . . . . . . . do. 0 4 2
18. Fish : cured, dried, pickled, preserved,
pressed or smoked, not being of South
African catching . . . . . . per ft. 0 0 2
19. Flour, wheaten or wheaten meal . . per 100 fts. 0 5 0
20. Fruits, preserved, of all kinds, bottled,
tinned, or otherwise preserved, including
pulp and candied peel . . . . . . per 100 fts. 0 18 9
21. Fruit, dried, all kinds, including almonds
and nuts . . . . . . . . per ft. 0 0 2
22. Ginger : green and dry. . . . . . do. 0 0 2
23. Gunpowder and other explosives suitable
for use in firearms . . . . . . do. 0 0 6
(and 9 per cent, ad valorem in addition).
24. Guns and Gun barrels : Firearms
(a) single . . . . . . . . per barrel. 10 0
(T)) double and other . . . . . . do. 0 15 0
(and in either case 10 per cent ad valorem
in addition).
25. Meats : cooked, dried, fresh, frozen,
pressed, pickled, salted, smoked or
otherwise cured or preserved, including
lard, fats and other similar substances
and soups, but not extracts or essences per ft> 0 0 2
26. Matches : (a) wooden : in boxes or packages
of not more than 100 matches. . . . per gross of 0 2 0
In boxes containing more than 100 but
boxes or
packages.
-81-
Article. | Rate.
£. s d
not more than 200 matches . . do. 0 4 0
And for every 100 additional matches in
boxes or packages . . . . per gross of 100
matches. 0 2 0
(b) Fuzees, Vestas or Wax Matches, or
other patent lights used as such :
In boxes or packages containing not
more than 50 . . . . per gross of 0 2 0
boxes or
packages.
In boxes or packages of more than
50 but not more than 100 . . do 0 4 0
And for every 50 additional in the
boxes or packages . . . . per gross of
50 matches. 0 2 0
27. Mules and Geldings . . . . each. 10 0
28. Ochre (commonly known as " Kaffir
Ochre" ) . . . . . . per 100 fts. 0 5 0
29. Oils (a) paraffin and kerosene . . per Imp.
Gal. 0 0 3
(b) anthracene, brick, coal or gas-tar,
cocoanut, cotton seed, hemp seed,
palm and palm kernel, shale and
any other kinds, being in a crude
and unrefined state, for making
antifriction grease, candles or soap,
or burning as fuel in oil engines,
not including fish oils
per £100
10
0
0
(c) essential and perfumed
do.
20
0
0
(d) other than above, including fish oil
per Imp.
0
1
0
Gal.
30. Picks and Hoes (Kaffir)
each.
0
0
6
31. Pickles, Sauces, Chutneys, Chillies and
other Condiments
per lb.
0
0
2
32. Pistols and Revolvers
each.
0
5
0
33. Rice and Paddy : in the grain . .
per 100 lbs. 0
2
0
34. Salt, Rock
per ton.
0
2
0
35. Salt, common : not including refined or
table salt
do
0
5
0
3G. Soap, not including toilet soaps and soap
powders and extracts
per 100 lbs. 0
4
2
37. Spices
per lb
0
0
2
38. Spirits (a) perfumed
per Imp.
1
0
0
Gal.
-82-
Article. | Rate.
£ s. d.
„ (b) Liqueurs and Cordials exceeding
two per cent, of proof Spirit . . do. 0 15 0
Spirits (c) other sorts, exceeding two per
cent., but not exceeding the
strength of proof by Sykes'
Hydrometer, and so on in pro¬
portion for any greater strength do 0 15 0
Spirits (d) Spirits distilled from the pro¬
duce of and within the Union of
a class upon which by way of
excise a duty is imposed or levied
in this Territory, unless it be The rate
proved that a like duty of not of excise
less amount has been paid else- imposed
where within the Union in res- on similar
pect of the Spirits so imported, spirits
not exceeding the strength of manu-
proof by Sykes' Hydrometer, f a ctured
and so on in proportion for any in this
greater strength per Imp. Gal.Territory
Provided that, if such a duty shall have so
been paid elsewhere within the Union,
but of less amount, then there may
be by law imposed or levied upon
such spirits when imported, a duty
of Customs not greater than the
difference between the Excise Duty
here legally imposed or levied on
spirits of the same class and the duty
of less amount which has been so
paid elsewhere.
39, Smgar : (a) The produce of the cane, not
refined, golden syrup, molasses,
saccharum and treacle
per 100 lbs. 0
3
6
lb) Not cane and all refined sngars
do
0
5
0
40. Tamarinds and Turmeric
per lb
0
0
1
41.
Tallow
per 100 lbs. 0
4
2
42.
Tea
per lb.
0
0
4
43.
Tobacco : Cigars and Cigarillos . .
(and in addition 10 per cent, ad valorem).
do.
0
6
0
44.
Tobacco : Snuff
per lb.
0
4
0
45.
" Cigarettes (gross weight)
do.
0
4
0
46.
,, (a) manufactured and cut
do.
0
3
6
(b) „ but uncut
do.
0
3
0
-83—
Article. | Rate.
£ s. cl.
(c) not manufactured but stem¬
med
do.
0
2
6
(d) not manufactured and
unstemmed leaf . .
do.
0
2
0
17. Vinegar : of standard strength, fit for
immediate use as such (i.e., requiring
no more than 40 grains of bi-carbonate
of potash to neutralize one ounce troy)
(a) in bottles or other vessels of
the capacity of not more than
one imperial quart . .
per Imp.
Gal.
0
1
0
(b) do., do., in larger vessels or in
bulk
do.
0
0
6
(c) concentrated extract or essence,
of greater strength thanabove
do.
0
3
0
48. Vegetables: pickled, pressed or otherwise
preserved
per lb.
0
0
2
49. Wine : exceeding 2 per cent, but not more
than 50 per cent, of proof spirit
(a) not in wood
per Imp.
Gal.
0
8
6
(and in addition 10 per cent, ad valorem).
(6) in wood
do.
0
8
6
(Note.—Wine exceeding 50 per cent, of
proof Spirit, to be classed as Spirits).
50. Wood (o.) unmanufactured (other than
teak)
per cubic
foot.
0
0
1
(6) planed or grooved (other than
teak)
do.
0
0
1
(c) Teak
do.
0
0
3
CLASS II.—Free.
The following articles shall be exempted from payment of
Customs Duties on importation :—
51. Agricultural implements and machinery, and all apparatus
and plant usually and principally employed in farming operations.
52. All raw produce of South Africa imported overland.
53. All articles grown, produced, or manufactured within the
Union, and brought across any inland border of any State, Colony
or Territory belonging to the Union, except:
—84—
(a) Flour, wheateu or wheaten meal manufactured from
other than South African wheat ;
(b) Spirits distilled from the produce of and within the Union
of a class upon which, by way of excise, a duly may at
the time of importation into such State, Colony or
Territory be by its law imposed or levied, unless it
be proved that a like duty of not less amount has
been paid elsewhere within the Union in respect of
the spirits so imported :
Provided that, if such a duty shall have so been paid
elsewhere within the Union, but of less amount, then there
may be by law imposed or levied upon auch spirits when
imported, a duty of Customs not greater than the difference
between the Excise Duty here legally imposed or levied
on spirits of the same class and the duty of less amount
which has been so paid elsewhere.
54. Ambulance materials imported by recognised associations,
corps or hospitals lawfully established for instruction or drill in first
aid to the wounded.
55. Anchors and chain cables for the use of ships, tugs or
lighters.
56. Animals, living, except mules and geldings.
57. Arms, ammunition, appointments and uniforms for the
regular military, naval or volunteer, Imperial or Colonial forces of
Her Majesty, or for similar or burgher forces of any Government
belonging to the Union.
58. Asbestos packing and boiler composition.
59. Atlases, charts, globes and maps.
60. Bags (jute) for grain, wool, coal and other minerals and
jute bagging and sacking in the piece.
61 Bands and belting of all kinds for driving machinery,
binding twine (harvest yarn), boiler tubes, bolting cloth and mill
silk.
62. Band instruments and stands the houa fide property of any
Government, belonging to the Union, or of a regular military or
volunteer corps, and not the property of individuals.
G3. Bones, feathers, ivory, hair, hoof, horns, shells, skins, teeth,
wool and other parts of animals, birds, fishes or reptiles not being
manufactured, polished or further prepared than dried and cleaned,
but in their raw and unmanufactured state.
64. Bookbinders' requisites, consisting of boards, cloth, leather,
skin, thread, tape, vellum and webbing.
65. Books and music printed, including newspapers and
periodicals, not being foreign unauthorised prints of any British or
South African copyright work.
66. Bottles and jars of common glass : empty or imported full
of any article liable to a rated duty, and bottles, empty, commonly
used for aerated waters.
—85—
67. Boxes, empty, cardboard and wooden, put together or in
pieces (shooks) for packing.
68. Brass and copper and composition metal in bars, ingots,
plates and sheets : plain, including perforated, but otherwise
unmanufactured.
69. Bullion, coin or specie.
70. Carriages, carts, wagons and other wheeled vehicles, the
manufacture of South Africa, imported overland.
71. Church decorations, altars, lecterns, pulpits, organs, plate
or vestments, and illuminated windows imported by, or for
presentation to, any religious body.
72. Coir, candle-wick, cotton (raw or waste), flax, fibre, flock,
felt, hemp and jute, being in their raw or unmanufactured state.
73. Consular uniforms and appointments and printed official
consular stationery.
74. Cork dust, paper shavings, sawdust, husks and other waste
substances, intended and suitable for use only as packing material.
75. Corks and bungs, ordinary.
76. Cups and medais imported for presentation or presented as
prizes at examinations, exhibitions, shows or other public competitions
for excellence in art, bravery, good conduct, humanity, industry,
invention, manufactures, learning, science, skill or sport, or for
honourable or meritorious public services : provided that such
articles shall on importation or delivery free from the Customs,
bear engraved or otherwise indelibly marked on them the name of
the presenter or presentee and the occasion or purpose for which
presented.
77. Diagrams, designs, drawings, models and plans.
78. Diamonds and other gems or precious stones in their rough
state.
79. Dye nuts, gambier, myrobalans, sumach, valonia and other
dye stuff in bulk : for leather.
80. Engravings, lithographs and photographs, and enlargements
or reproductions of the same.
81. Fire escapes and fire hose and hose reels.
82. Fire clay, terra alba and fire bricks.
83. Fish, fresh, and fish ova; also dried, cured or salted fish
and raw fish oil of South African catching.
84. Flowers of sulphur and other substances (in bulk), suitable
for destroying diseases in animals, plants or trees.
85. Fruit, fresh or green, including cocoanuts.
86. Fruit and other produce, driers or evaporators of.
87. Glue.
88. Guano and other substances, animal, mineral or vegetable,
artificial or natural, suitable for use as fertilizers or manures.
89. Hair cloth and springs for furniture.
90. Ice.
—86—
91. Iron and steel : angle, bar, channel, hoop, rod, plate, sheet
or T ; plain, including perforated and galvanized : rough and
unmanufactured ; not including corrugated sheets.
92. Lead : bar, pipe and sheet.
96. Leather : patent, enamelled, roan and morocco and pig
skin, in the piece : for boots, shoes, harness, saddlery, cart trimming
and other leather manufactures.
94. Life boats, belts and buoys and other life saving apparatus
imported by any recognised society.
95. Machinery fitted to be driven by cattle, electricity, gas,
heat, hydraulic, pneumatic, steam, water or wind power, including
spare parts ; and apparatus and appliances used in connection with
the generating and storing of electricity or coal gas, but not
including electric cable or wire or the posts for carrying the same,
and not including gas pipes, lamp posts or lamps or their fittings.
96. Metal of all sorts in bars, blocks, ingots, and pigs, for
founding, not elsewhere described.
97. Mining buckets, skips, trucks and tubs : wheeled or
otherwise : for hauling minerals or ores on rails or wires.
98. Packing or lagging for engines and machinery.
99. Paper for printing books, pamphlets, newspapers and
posters or for lithographic purposes.
100. Paintings, pictures, picture books and etchings.
101. Pipes, piping and tubes of earthenware or metal of all
kinds for drainage, sewage, irrigation, water supply or pumping.
102. Potash and soda, carbonate, bicarbonate, caustic, crystals
and silicate (in bulk).
106. Printing and lithographic inks.
101. Printing, lithographing, paper cutting, folding, numbering
and perforating machines or pres.M s, b'ocks, forms, fontes, plates,
rollers, stones and type ; and other apparatus suitable only for use
in the bookbinding or printing industries.
105. Public Stores, imported or taken out of bond by, and bema
Jide for the sole and exclusive use of the Government of Her
Britannic Majesty or the Government of any Colony, State or
Territory belonging to the Union, provided that a certificate be
delivered to the Customs given under the hand of a principal
Imperial Military, Naval, Civil, Commissariat or Ordnance Secretary
or Officer, or under the hand of a Secretary to the Government
within the Union, setting forth that any duty levied on such public
stores would be borne directly l>y the Treasury of his Government:
and provided, further, that no portions of such stores, used or
unused, shall be sold or otherwise disposed of so as to come into the
possession of or into consumption by any party not legally entitled
to import the same free of duty, until the intention so to sell or
dispose of the stores shall have been notified to the principal Officer
of Customs iu the Colony, State or Territory where they were first
—87—
imported, to whom the duty leviable according to the tariff then in
force shall he paid by the Government selling or disposing of the
stores.
106. Railway construction or equipment requisites, such to
mean the following : Rails, sleepers, fastenings for rails or sleepers,
girders, iron bridge work, culvert tops, locomotives, tenders, ballast
trucks, goods wagons, carriages, trolleys, engine water tanks,
turntables, and permanent or fixed signals.
107. Rattans, cane and bamboo unmanufactured.
108. Resin and carbonate of ammonia.
109. Saddle Trees.
110. School furniture and requisites : being all articles certified
by the Superintendent-General of Education in the Cape Colony,
or any official appointed for that purpose in any other Colony,
State or Territory in the Union, to be for use in any public school.
111. Sculpture, including casts or models of sculpture.
112. Seeds, bulbs, plauts and tubers for planting or sowing
only, under such regulations as regards edible kinds as the Customs
authorities may impose to safeguard the revenue against diversion
into ordinary consumption.
113. Sheep dip, sheep dipping powder, materials suitable only
for dip, and dipping tanks.
11-4. Specimens illustrative of natural history.
115. Sprayers and sprinklers and other apparatus for destroying
diseases in plants or trees.
116. Staves.
117. Steam launches, tugs and lighters: provided that when
condemned or landed to be broken up, duty shall be paid at the
Customs on the hull and all fittings according to the tariff that may
then be in force.
118. Thread : for the use of boot and shoemakers, saddlers and
sailmakers.
119. Tin and zinc : bar, plate or sheet, plain or perforated, but
otherwise unmanufactured.
1*20. Telegraphs: materials for use in construction of telegraph
lines.
121. Tobacco, the produce of South Africa ; imported overland.
122. Tramway construction requisites, such to mean the
following —Rails, sleepers, fastenings for rails or sleepers, iron
gates, girders, iron bridge wrork and culvert tops.
123. Vaccine virus and toxin.
124. Vegetables, fresh and green, but not including potatoes
and onions.
125. Water-boring apparatus.
126. Wine presses and wine pumps.
127. Wines, spirits and beer imported direct or taken out of
bond by and for the sole use df commissioned officers serving on
—88—
full pay in the regular military or naval forces of Her Britannic
Majesty, subject to such regulations as the Customs may make for
the due protection of the revenue, provided that if any such liquors
shall be sold or otherwise disposed of to or for consumption by any
other person not legally entitled to import the same free of duty,
"without the duty being first paid thereon to the Customs according
to the tariff then in force, then they shall be forfeited, and the
parties knowingly disposing of such liquors, or into whose possession
the same shall knowingly come, shall be liable to such penalties as
may be prescribed by law.
128. Wool, straw, hay aud forage presses.
129. Wire and wire-netting for fencing : droppers, gates,
hurdles, posts, standards, strainers, staples, stiles, winders, and
other materials or fastenings of metal ordinarily used for agricul¬
tural or railway fencing.
130. Wire rope.
CLASS III. General: Ad Valorem 9 percent.
131. All Goods, wares or merchandise not elsewhere charged
with duty and not enumerated in the Free List, and not prohibited
to be imported into the Union, shall be liable to a duty of 9 per
cent, ad valorem.
CLASS IV. Special: Ad Valorem 20 per cent.
The following articles shall be liable to a duty of 20 per cent.
ad valorem : —
132. Bonbons, surprise packets, crackers, and other fancy
confectionery in paper and other packets (gross goods).
133. Cards, playing.
134. Carriages, carts, coaches, wagons, store trucks and barrows,
and all other wheeled vehicles intended for the conveyance of
persons or goods, including finished or fashioned parts thereof, not
being metal parts not usually made in the Union, but required in
the manufacture of wheeled vehicles therein : but not including
bath chairs, perambulators, toy carts, bicycles, tricycles or veloci¬
pedes.
135. Extracts and essences of all kinds used as food, flavouring
or perfumery, including saccharine.
136. Fireworks of all descriptions.
137. Patent and proprietary chemicals, drugs or medicines,
and all medicated foods.
138. Perfumery, cosmetics, powders and soap or other prepara¬
tions for toilet use, and soap powders and extracts.
1.39. Soup, concentrated or desiccated.
140. Goods reimported iuto the Union after alteration, repair
—89—
or renovation elsewhere : (if duly registered at the Customs on
exportation for those purposes and identified by the Customs) on
the cost of alteration, repair or renovation alone.
BASUTOLAND GOVERNMENT NOTICE.
Government House, Cape Town,
5th May, 1891.
THE subjoined despatch received from the Right Honourable the
Secretary of State for the Colonies, transmitting an Order in
Council extending Part II of the Fugitive Offenders Act, 1881, to
Her Majesty's Possessions in South Africa, in lieu of Order in
Council of 12th December, 1883, is heroby published for general
information by direction of His Excellency the High Commissioner.
GRAHAM BOWER,
Imperial Secretary.
Downing Street,
29th November, 1888.
Cape of Good Hope.
No. 95.
Sir,— I am directed by the Secretary of State to transmit to you
the documents specified in the annexed Schedule.
I have, &c.,
(Sgd.) ROBERT G. W. HERBERT.
The Officer Administering the Government
of the Cape of Good Hope.
Date
17th Nov ,
1888
Description of Document.
Order in Council for extending Part II of the Fugitive Offenders Act,
1881, to H M. Possessions in South Africa in lieu of Order in Council
of December 12th, 18S3.
At the Court at Windsor, the 17th day of November, 1888.
Present :
THE QUEEN'S MOST EXCELLENT MAJESTY,
Lord President, Sir Henry Ponsonby',
Marquess of Lothian, Mr. Robertson.
Whereas by reason of the contiguity of the undermentioned Colonies
—90—
and Possessions of Her Majesty in South Africa, and the frequent
inter-communication among them, it seems expedient to Her Majesty
and conducive to the bette]- administration of justice therein, that
Part if of the Fugitive Offenders Act, 1881, should apply to the
suid Colonies and Possessions :
Now, therefore, Her Majesty, by virtue of the Powers in this
behalf by the Fugitive Offenders Act, 1881, or otherwise in Her
Majesty vested, is pleased, by and with the advice of Her Privy
Council, to order, and it is hereby- ordered as follows :—
1. On and after the 1st day of January, 1S89, Part II of the
Fugitive Offenders Act, 1881, shall apply to the group of British
Possessions hereinafter mentioned, that is to say :—
The Colony of the Cape of Good Hope.
The Colony of Natal.
British Bechuanaland.
Basutoland.
Zululand.
2. The Governor of each of the said Possessions, or Her Majesty's
High Commissioner in South Africa, as the care may require, shall
cause this order to be proclaimed in the Colony or Possession under
his Government.
3. The Order of Her Majesty in Council bearing date the 12th
day of December, 1883, applying Part II of the said Act to the group
of British Possessions in South Africa therein mentioned, is hereby
repealed as from the 1st day of January, 1889.
C. L. PEEL.
BASUTOLAND.
PROCLAMATION
BY HIS EXCELLENCY THE RIGHT HONOURABLE SIR
HERCULES GEORGE ROBERT ROBINSON, BARONET,
A Member of Her Majesty's Most Honourable Privy Council, Knight Grand
Cross of the Most Distinguished Order of Saint Michael and Saint George,
Governor and Commander-in Chief of Her Majesty's Colony of the Cape of
Good Hope in South Africa and of the Territories and Dependencies thereof,
and Her Majesty's High Commissioner, &c., &c.. &c.
WHEREAS it is expedient to make provision for prompt steps
to be taken for the prevention of the spread of the disease
known as Rinderpest among cattle in Basutoland ;
-91-
Now therefore, under and by virtue of the powers, jurisdiction
and authorities in me vested, I do hereby proclaim, declare, and
make known as follows :—
1. Whenever the disease known as Rinderpest is known to exist
among animals in any part of Basutoland the High Commissioner
ma}', by notice in the Government Gazette declare such part of
Basutoland to be an infected area, and it shall not be lawful to
remove from such area any such animals as shall be mentioned in
buch notice, whether the same are or are not affected with such
disease, provided that it shall be lawful for the High Commissioner
in such notice to make such exceptions as he shall think fit with
regard to the removal from such area of any animals not affected
with such disease as aforesaid :
2. No animal liable to the said disease shall be permitted to enter
Basutoland from any area or district which, through the spread of
said disease, has been proclaimed as an infected area or district by
any law, ordinance, proclamation or regulation issued in any State
or Colony in South Africa by lawful authority, until further notice :
Any pei son bringing or causing to be brought any such animal into
Basutoland from such area or district, shall be liable, upon con¬
viction before the Resident Commissioner or any Magistrate, to a
penalty not exceeding £100, or in default of payment thereof to
imprisonment with or without hard labour for any period not excee¬
ding twelve months, unless such fine be sooner paid.
3. It shall be lawful for the Resident Commissioner from time
to time to frame regulations with regard to the herding or segregation
of cattle within Basutoland, whilst travelling or otherwise, and
with regard to the routes or roads to be used by persons, travelling
with ox wagons or cattle, and the management and disposal of the
said cattle, at outspans, and generally with regard to all matters neces¬
sary to ensure the proper carrying out of the objects of this
Pi'oclamation and the prevention of the spread of the said disease.
4. No regulation shall be valid until approved of by the High
Commissioner, and upon such approval being obtained the same
shall be published in the Government Gazette, and from the date of
such publication shall have the force of law ; and any person
contravening the same shall be liable, upon conviction before the
Resident Commissioner or any Magistrate, to the penalties
provided in Section 2 of this Proclamation.
3. " Animal liable to the disease known as Rinderpest," shall
mean any bull, ox, cow, heifer, calf, sheep or goat, and the word
" animal" in this Pi-oclamatiou shall include the carcase, skin, or
-92—
other portion of any animal, the entry of which is hereby or by any
other Proclamation prohibited.
GOD SAVE THE QUEEN !
Given under my hand and Seal at Cape Town, this 14th day of May, 1996.
HERCULES ROBINSON,
High Commissioner.
By Command of His Excellency the High Commissioner,
GRAHAM BOWER,
Impeiial Secretary.
No. 10 of 1896.
BASUTOLAND.
PROCLAMATION
BY HIS EXCELLENCY THE RIGHT HONOURABLE HERCULES
GEORGE ROBERT ROBINSON, BARON ROSMEAD.
Of Rosmead, in the County of Westmeath, and of Tafelberg, in South Africa, in the
Peerage of the United Kingdom, and a Baronet; a Member of Her Majesty's
Most Honourable Privy Council, Knight Grand Cross of the Most Distinguished
Order of Saint Michael and Saint George, Governor and Commander-in-Chief of
Her Majesty's Colony of the Cape of Good Hope in South Africa, and of the
Territories and Dependencies thereof, and Her Majesty's High Commissioner,
&c., fee., Scc.
HEREAS it is expedient that all possible measures should be
taken to prevent the spread of the disease known as
Rinderpest in Basutoland ; and whereas it is therefore expedient
to provide for the punishment of all persons wilfully or maliciously
spreading the said disease : and whereas it is further expedient to
provide for the trial, in certain cases, of persons charged with
spreading the said disease in manner aforesaid, before a Court
constituted of two or more Assistant Commissioners with special
j urisdiction :
Now, therefore, under and by virtue of the powers, jurisdiction
and authorities in me vested, I do hereby proclaim, declare and
make known as follows :—
1. Every person who shall be proved to have wilfully or maliciously
spread or cause to be spread the disease known as Rinderpest shall
be guilty of an offence, and may be tried either under and by virtue
of the Basutoland Regulations established by High Commissionex-'s
Proclamation No. 2 of 1884, or in manner hereinafter pi*ovided.
2. At any time after the holding of a preliminary examination
in the case of any person charged with the commission of the offence
in the preceding Section set forth, it shall be lawful for the Resident
Commissioner to appeint two or more Assistant Commissioners to
form and constitute a Court for the hearing and determination of
the said charge, and the said Court shall have jurisdiction, upon
conviction, to sentence the said person to imprisonment, with or
without hard labour, for any period not exceeding seven years, or
to receive any number of lashes not exceeding fifty, or to both such
imprisonment and such lashes.
3. Nothing in this Proclamation contained shall be taken to affect
the provisions of the eleventh section of the said Basutoland
Regulations.
4. This Proclamation shall take effect from the date of its
publication in the (lazette.
COD SAVE THE QUEEN !
Given under my hand and Seal, at Cape Town, this 7th day of November, lSlltj.
UOSMEAl).
High Commissioner.
By command of His Excellency the High Commissioner,
No. 24 of 1896.
CRAHAM BOWER,
Imperial Secretary.
349.686
B3276