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article, and the decision of such referee thereon shall be final. The arrangement already made under the terms of article nineteen of the Convention of Pretoria of the 3rd August 1881, between the owners of the farms Grootfontein and Valleifontein on the one hand, and the Barolong authorities on the other, by which a fair share of the water supply of the said farms shall be allowed to flow undisturbed to the said Barolongs, shall continue in force.

3. If a British officer is appointed to reside at Pretoria or elsewhere within the South African Republic to discharge functions analogous to those of a Consular Officer he will receive the protection and assistance of the Republic.

4. The South African Republic will conclude no treaty or engagement with any State or nation other than the Orange Free State, nor with any native tribe to the eastward or westward of the Republic until the same has been approved by Her Majesty the Queen.

Such approval shall be considered to have been granted if Her Majesty's Government shall not, within six months after receiving a copy of such treaty (which shall be delivered to them immediately upon its completion), have notified that the conclusion of such treaty is in conflict with the interest of Great Britain or of any of Her Majesty's possessions in South Africa.

5. The South African Republic will be liable for any balance which may still remain due of the debts for which it was liable at the date of annexation, to wit, the Cape Commercial Bank Loan, the Railway Loan, and the Orphan Chamber Debt, which debts will be a first charge upon the revenues of the Republic. The South African Republic will moreover be liable to Her Majesty's Government for £250,000, which will be a second charge upon the revenues of the Republic.

6. The debt due as aforesaid by the South African Republic to Her Majesty's Government will bear interest at the rate of three and a half per cent., from the date of the ratification of this Convention, and shall be repayable by a payment for interest and sinking fund of six pounds and ninepence per £100 per annum, which will extinguish the debt in twenty-five years. The said payment of six pounds and ninepence per £100 shall be payable half-yearly, in British currency, at the close of each half-year from the date of such ratification; provided always that the South African Republic shall be at liberty at the close of any half-year to pay off the whole or any portion of the outstanding debt.

Interest at the rate of three and a half per cent. on the debt as standing under the Convention of Pretoria shall as

heretofore be paid to the date of the ratification of this Convention.

7. All persons who held property in the Transvaal on the 8th day of August 1881, and still hold the same, will continue to enjoy the rights of property which they have enjoyed since the 12th April 1877. No person who has remained loyal to Her Majesty during the late hostilities shall suffer any molestation by reason of his loyalty; or be liable to any criminal prosecution or civil action for any part taken in connection with such hostilities; and all such persons will have full liberty to reside in the country, with enjoyment of all civil rights and protection for their persons and property.

8. The South African Republic renews the declaration made in the Sand River Convention, and in the Convention of Pretoria, that no slavery or apprenticeship partaking of slavery will be tolerated by the Government of the said Republic.

9. There will continue to be complete freedom of religion and protection from molestation for all denominations, provided the same be not inconsistent with morality and good order; and no disability shall attach to any person in regard to rights of property by reason of the religious opinions which

he holds.

10. [British Resident to receive assistance in caring for graves of British soldiers.]

II. All grants or titles issued at any time by the Transvaal Government in respect of land outside the boundary of the South African Republic, as defined in article one, shall be considered invalid and of no effect, except in so far as any such grant or title relates to land that falls within the boundary of the South African Republic; and all persons holding any such grant so considered invalid and of no effect will receive from the Government of the South African Republic such compensation, either in land or in money, as the Volksraad shall determine. In all cases in which any native chiefs or other authorities outside the said boundaries have received any adequate consideration from the Government of the South African Republic for land excluded from the Transvaal by the first article of this Convention, or where permanent improvements have been made on the land, the High Commissioner will recover from the native authorities fair compensation for the loss of the land thus excluded, or of the permanent improvements thereon.

12. The independence of the Swazies, within the boundary line of Zwaziland, as indicated in the first article of this Convention, will be fully recognised.

13. Except in pursuance of any treaty or engagement

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made as provided in article four of this Convention, no other or higher duties shall be imposed on the importation into the South African Republic of any article coming from any part of Her Majesty's dominions than are or may be imposed on the like article coming from any other place or country; nor will any prohibition be maintained or imposed on the importation into the South African Republic of any article coming from any part of Her Majesty's dominions which shall not equally extend to the like article coming from any other place or country. And in like manner the same treatment shall be given to any article coming to Great Britain from the South African Republic as to the like article coming from any other place or country.

These provisions do not preclude the consideration of special arrangements as to import duties and commercial relations between the South African Republic and any of Her Majesty's colonies or possessions.

14. All persons, other than natives, conforming themselves to the laws of the South African Republic (a) will have full liberty, with their families, to enter, travel, or reside in any part of the South African Republic; (b) they will be entitled to hire or possess houses, manufactories, warehouses, shops, and premises; (c) they may carry on their commerce either in person or by any agents whom they may think fit to employ ; (d) they will not be subject, in respect of their persons or property, or in respect of their commerce or industry, to any taxes, whether general or local, other than those which are or may be imposed upon citizens of the said Republic.

15. All persons, other than natives, who established their domicile in the Transvaal between the 12th day of April 1877 and the 8th August 1881, and who within twelve months after such last-mentioned date have had their names registered by the British Resident, shall be exempt from all compulsory military service whatever.

16. Provision shall hereafter be made by a separate instrument for the mutual extradition of criminals, and also for the surrender of deserters from Her Majesty's Forces.

17. All debts contracted between the 12th April 1877 and the 8th August 1881 will be payable in the same currency in which they may have been contracted.

18. No grants of land which may have been made, and no transfers or mortgages which may have been passed, between the 12th April 1877 and the 8th August 1881 will be invalidated by reason merely of their having been made or passed between such dates.

All transfers to the British Secretary for Native Affairs in trust for natives will remain in force, an officer of the South

African Republic taking the place of such Secretary for Native Affairs.

19. The Government of the South African Republic will engage faithfully to fulfil the assurances given, in accordance with the laws of the South African Republic, to the natives of the Pretoria Pitso by the Royal Commission in the presence of the Triumvirate and with their entire assent (1) as to the freedom of the natives to buy or otherwise acquire land under certain conditions; (2) as to the appointment of a commission to mark out native locations; (3) as to the access of the natives to the courts of law; and (4) as to their being allowed to move freely within the country or to leave it for any legal purpose under a pass system.

20. This Convention will be ratified by a Volksraad of the South African Republic within the period of six months after its execution, and in default of such ratification this Convention shall be null and void.

1

Signed in duplicate in London this 27th day of February 1884.

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No. 205. VORM VAN LASTBRIEF TOT PERSOONLIJK ARREST. In naam en van wege de Regeering en het volk der Z.A. Republiek, aan den Hoofdbaljuw of zijnen wettigen plaatsvervanger,

Saluut :

Gij wordt gelast A. B., van de . Straat, in Pretoria, Koopman, te nemen, zoo hij in deze Republiek worde gevonden en hem in veilige bewaring te houden, zoo dat gij hem voor den Hoofdrechter (en andere de Rechters van het Hoog Gerechtshof) van gezegde Republiek te Pretoria hebt op den dag van . . . aanstaande, ten tien ure des voormiddags, ten einde dan en daar te antwoorden op eisch van

No. 205.

FORM OF WARRANT OF ARREST.

In the name and on behalf of the Government and the people of the S.A. Republic, to the Chief Sheriff or his lawful deputy,

Greeting:

You are ordered to fetch A. B., residing in ... Street, Pretoria, Merchant, if he is to be found in this Republic, and to keep him in safe custody, so that you may bring him before the Chief Justice (and the other Judges of the High Court) of the said Republic at Pretoria on the . . . day of . . . next, at ten o'clock in the forenoon, in order to answer then and 1 Ratified by resolution of the Volksraad, dated 8th August 1884, art. 53.

...

C. D., van waarom hij niet heeft betaald aan gezegde C. D., de som van sterling, wettig geld die hij aan gezegde C. D. schuldig is, en hem wederrechtelijk onthoudt (of niet heeft afgeleverd aan gezegden C. D. een zeker paard, met zadel, toom, enz., of ander roerend goed, hetwelk de gezegde A. B. wederrechtelijk den gezegden C. D. onthoudt, of niet aan gezegden C. D. zijn schade voldaan heeft door den gezegden C. D. geleden, met betrekking tot, enz., vermeldende eenig delict of injurie door den verweerder aangedaan, waar dit het geval moge zijn) zooals voorzegd; en dat gij dan en daar dezen lastbrief hebt met een relaas van alles dat gij daarop gedaan hebt.

Getuige: de WelEd. Achtbare John Gilbert Kotzè, LL.B., Hoofdrechter van gezegde Republiek, te Pretoria, den dag van in het jaar onzes Heeren een duizend acht hondred en

E. F.,
No.

No. 206.

...

P. J. K., Griffier van het Hoog Geregtshof.

STRAAT, PRETORIA,

Procureur van klager.

Staatscourant Z.A. Rep. 21 Feb. 1884.

VOLKSRAADSBESLUIT, 17 SEPTEMBER 1884.

ART. 490.1 De Raad vereenigde zich nu eenparig met het concept als onder, en nam het aan als het besluit van den Raad, het

there the demand of C. D., of . . ., why he has not paid to the said C. D. the sum of .. sterling, lawful money which he is owing to the said C. D., and which he is illegally withholding from him (or why he has not delivered to the said C. D. a certain horse, with saddle, bridle, etc., or other movable property, which he, the said A. B., is illegally withholding from the said C. D.; or why he has not made good to the said C. D. the loss sustained by him, the said C. D., in the matter of, etc., specifying any damage or loss caused by the defendant, wherever such may have occurred) as aforesaid; and then and there you shall have with you this warrant together with an account of everything that you have done in obedience to it.

Witness the Rt. Hon. John Gilbert Kotzè, LL.B., Chief Justice of the said Republic, at Pretoria, the . . day of ... in the year of our Lord one thousand eight hundred and . . .

E. F.,

No..

P. J. K., Registrar of the High Court of Justice.

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No. 206. RESOLUTION OF THE VOLKSRAAD,

17 SEPTEMBER 1884.

ART. 490.1 The Raad now unanimously agreed to the draft as below, and adopted it as the resolution of the Raad,

1 Repealed by Procl. No. 34 of 1901,

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