said forces of the Protectorate, who surrender in terms of paragraph 1 above, shall be allowed to retain their arms, provided they sign parole above mentioned in paragraph 4.
(7) All officers of the said forces of the Protectorate who sign the form of parole above mentioned in paragraph 4 shall be allowed to retain the horses which are nominally allotted to them in their military establishments.
(8) The police of the Protectorate shall be treated, as far as they have been mobilised, as the active troops. Those members of the police who are on duty on distant stations shall remain at their posts until they are relieved by Union troops in order that the lives and property of non-combatants may be protected.
(9) Civil officials in the employment of the German Imperial Government or of the Government of the Protectorate shall be allowed to remain in their homes, provided they sign the parole above mentioned in paragraph 4. Nothing, however, in this statement shall be construed as entitling any such officer to exercise the functions of the appointment which he holds in the service of either of the Government aforesaid or to claim from the Union Government the emoluments of such appointments.
(10) With the exception of the arms retained by the officers of the Protectorate forces and by the ranks of the active troops as provided for in paragraph 2 above, all war material, including all field and mountain guns, small arms ammunition, and the whole of the property of the Government of the Protectorate shall be placed at the disposal of the Union Government.
(11) His Excellency the Imperial Governor shall appoint a civil official of the Protectorate service, who shall hand over and keep a record of all Government property of the civil departments, including records which are handed over to the Union Government in terms of paragraph 10 above, and the Commander of the said forces of the Protectorate shall appoint a military officer who shall hand over and keep a similar record of all Government property of the military departments of the Protectorate.
Given under our hands on this ninth day of July 1915.
LOUIS BOTHA, General Commanding in Chief
the Union Forces in the Field.
SEITZ, Imperial Governor of German South-
West Africa.
FRANKE, Lieut.-Colonel, Commander of the
Protectorate Forces of German South-West
Africa.
The form of parole is as follows:
"I, the undersigned, hereby pledge myself on honour not to reengage in hostilities in the present war between Great Britain and Germany."
The South Africa Act of 1909 is not dealt with, as an analysis of it is
printed on pages 517-21.
Adam Kok, see Griquas.
Administrators of native laws, see
Native Laws.
Agriculture, office of Secretary for,
Cape, created, 74.
Aliens, NATAL REPUBLIC, law re-
garding, 162; NATAL COLONY, not
entitled to vote, 190; S.A.
REPUBLIC, may be admitted, 364;
how to acquire burgher rights in
1855, 361; in 1890, 496; in 1893,
501-2; how they may be ex-
pelled for certain offences, 505 ff.
Amiens, Treaty of, 12.
Appeal Court, CAPE, in civil cases in
1796, 8; consists of the Governor
and the Lieut.-Governor in 1797,
101; in 1807, 102; in criminal
cases consists of the Governor
and one or more assessors, 102-3;
appeals from the Eastern Districts
Court to the Supreme Court in
1864, 128; "Court of Appeal
of the C. of G. Hope " established
in 1879, 131; hears appeals in
1880 from the Griqualand West
Courts, 132-3; Court abolished
and all its authorities vested in
the Supreme Court in 1886, 135;
NATAL, the Cape Supreme Court
is a Court of Civil Appeals for
Natal, 231; Lieut.-Governor in
Council to hear appeals in native
cases, 237; Supreme Court and
Circuit Courts in 1857 declared
courts of appeal, 244; ORANGE
FREE STATE, consists temporarily
of the Executive Council, 308;
High Court and Circuit Courts
declared courts of appeal, 329;
S.A. REPUBLIC, courts of landdrost
and heemraden and the High Court
are declared courts of appeal,
398-9.
Appropriation Ordinance, Cape, 38;
appropriation bills, how to originate
in the Cape Parliament, 52.
Assembly, House of, CAPE, created
in 1853, 45; composition of, 48;
qualification of members, 50;
alleged disqualification, how tried,
51; members may resign, 51;
originates money bills, 54; in-
crease in membership, 60 ff., 67;
NATAL, created in 1893, 205;
constitution of, 206-7; to originate
money bills, 208.
Attorney-General, CAPE, 52, 63;
prosecutes before the Eastern
Districts Court, 128; S.A. RE-
PUBLIC, State-Attorney, men-
tioned, 411, 412; his opinion
regarding the prohibition of Coolie
immigration, 484; acts as public
prosecutor, 487; to advise re-
garding the expulsion of aliens
guilty of certain offences, 506.
Auditing of accounts, CAPE, 71, 86–
7; duties of Auditor-General
defined, 71-2; S.A. REPUBLIC,
duties of Auditor-General regard-
ing the revenue, 435, 436.
Basutoland, proclaimed British terri-
tory in 1868, 336-7; annexation
of, to the Cape, 61; disannexa-
tion, 67; convention regarding,
with the O.F. State, 336 ff.
Basutos, treaty with the British in
1848, 269; attack the British,
281-2; recognised by the O.F.
State as British subjects, 337.
Bechuanaland, annexation of, to the
Cape, 76.
Bills, Appropriation, how to originate
in the Cape Parliament, 52; all bills
to be submitted to the Governor,
53; assented to or vetoed by the
Crown, 54; money bills to origin-
ate in the Assembly, 54; but may
be amended by the Council, 54;
NATAL, how bills are to be
assented to, 1856, 192; bills
imposing taxation on Europeans
to require a two-thirds majority,
200; money bills to originate in
the Assembly, 208; bills to which
the Governor may not assent
under responsible government, 213;
see also Revenue.
Bomvanaland, see Tembuland.
Borough Courts, Natal, 225, 226;
Borough Police Board, 224.
Burghers, CAPE, may be called up in
1797 for police duty, 99; NATAL
REPUBLIC, laws regulating their
rights, 152, 162; ORANGE FREE
STATE, three classes of, 286;
S.A. REPUBLIC, duties of, in
1844, 355.
Burgher Senate, Cape, to supervise
the repair of roads, 76.
Cape of Good Hope, first surrender,
3; restored to the Dutch, 12,
13; second surrender, 16; cession
of, to Great Britain, 19; receives
representative government, 45;
responsible government, 63; be-
comes part of the Union, 522.
Cape Town, surrendered to the
British in 1806, 14.
Charter of Justice, Cape, of 1827,
mentioned, 109, 112; superseded
by the second charter in 1834, 114;
clauses repealed, 131; amended,
133.
Charter of Natal, establishing a
Legislative Council, 188; may be
amended by the Natal legislature,
193; amended, 198, 199, 201, 202.
Circuit Courts, CAPE, established in
1811, 103 ff.; proceedings in public,
105; continued under the Charters
of Justice, jurisdiction, etc., 116-
7; duties regarding insolvency,
120; NATAL, mentioned in 1852,
241; organised in 1857. 243; hear
appeals from magistrates' courts,
258; ORANGE FREE STATE, of
landdrosts, 307; of judges, 326 ff.;
declared courts of appeal, 329;
ORANGE RIVER COLONY, Continued
in 1902, 348; S.A. REPUBLIC,
duties of, 397, 486.
Civil Commissioners, CAPE, succeed
to administrative duties of Land-
drosts and Heemraden, 77; to be
chairmen of Divisional Councils,
84; ORANGE FREE STATE, duties
of, performed by landdrosts, 294.
Civil List, reserved, CAPE, in 1853, 55;
NATAL, in 1856, 192; in 1893, 208.
Collector-General at the Cape in 1795,
5.
Colonial Secretary, Cape, mentioned,
63.
Commandant, British, appointed at
the Cape in 1795, 3.
Commandant,
field - commandant,
ORANGE FREE STATE, elected by
the burghers, 295 ; manner of elect-
ing, 303; elected in conquered
native territory, 318 ff.; ap-
pointed by the President to super-
vise native territories, 319; placed
over native reserves, 321; S.A. RE-
PUBLIC, duties of, in 1844, 355-6;
under the Constitution, 384 ff.
Commandant-General, ORANGE FREE
STATE, to be elected by military
officers in time of war, 295; S.A.
REPUBLIC, mentioned, 357; power
to conclude treaties in war-time,
367; to be member of the Execu-
tive Council, 477; office separated
from that of superintendent of
natives, 508.
Commandos, S.A. Republic, law re-
lating to, 354; defined, 386, 442-3.
Commons, House of, debate in, on a
Cape petition for representative
government, 30.
Constitution Ordinance, Cape, 45:
amended, 63, 64, 66, 73-4.
Conventions, Bloemfontein,
Aliwal North, 336; London (re-
garding the diamond fields), 341 ff.;
Sand River, 357 ff.; Pretoria, 455;
London (with the S.A. Republic),
469 ff.; postal convention between
the S.A. Republic and the Cape
Colony concluded, 477.
Coolies, S.A. Republic, immigration
of, 483.
Council, CAPE, set up in 1825, 24;
O.R. SOVEREIGNTY in 1849, 276.
Court of Justice, CAPE, of the Dutch
period continued in 1795, 97;
constitution of, in 1783, 99; in
1795, 99-100; proceedings to be
in public, 105; S.A. REPUBLIC,
rules for the conduct of, in 1844,
349; courts established under the
1858 constitution, 396 ff.;
all
courts to observe resolutions of
the Volksraad as laws, 418, 511-3;
see Higher Courts, Lower Courts,
Supreme Court, etc.
Court of Petty Cases at Cape Town,
continued in 1795, 100; civil
jurisdiction, 101, 105; civil juris-
diction extended, 105-6.
Crown, CAPE, its power to legislate.
11, 46; nominates ministers of
religion at the Cape, 43; to assent
to or veto bills, 53; appoints
ministers, 63, 74; issues Letters
Patent for annexing territory, 68,
69, 70; appeals to, allowed, 101,
102, 118; reserves powers to
amend the Charter of Justice, 118;
appoints judges, 128; hears ap-
peals from the "Court of Appeal
set up in 1879, 131; NATAL, legis-
lates for Natal, 182, 184, 188; to
appoint members of the Executive
Council, 189; may veto legislation,
205; may dismiss judges on an
address of both Houses, 207.
Crown Lands, Commissioner of, Cape,
63.
Customs Union, between the states
and colonies suggested, 475-6;
concluded between the S.A. Re-
public and the Cape Colony, 477.
Dingaan, Zulu King, Natal, concludes
a treaty with British residents in
1835, 143; cedes territory in Natal
to the emigrants in 1837, 148;
and to the King of England, 149;
mentioned, 156, 171.
Diplomatic Agent, Natal, supervises
the administration of justice by
native chiefs, 236.
District Councils, S.A. Republic, law
relating to, 465; further pro-
visions, 487-8.
District Court, Natal, established in
1845 and jurisdiction prescribed,
229 ff.; may refer criminal cases
to the Cape Supreme Court, 231;
its civil judgments are subject to
appeal to the Cape Supreme Court,
231; abolished in 1857, 243.
Divisional Councils, Cape, created in
1855, their constitution, duties,
etc., 83-5; take over duties of
Divisional Road Boards in 1855,
84; and of Central Road Board in
1858, 86.
Dutch language, CAPE, may be used
in Parliament, 66; in courts of
law, 133, 136; Orange FreE STATE,
the official medium, 296; S.A.
REPUBLIC, declared the official
medium, 482; to be the medium
of instruction in state-aided schools,
477.
Eastern Districts, Cape, given a
separate government, 39.
Eastern Districts Court, Cape, to
have jurisdiction in Tembuland in
1885, 69; E.D. Court established
in 1864, 127-9; to supervise the
work of special J.P.'s, 130; con-
stitution in 1879, 130–1.
Eastern Electoral Divisions, Cape,
46-7.
Eastern Electoral Province, Cape,
created in 1874, 65.
Ecclesiastical matters, CAPE, in 1796,
9; ministers nominated by the
Crown, 43; NATAL, grants from
the colonial revenue abolished, 197;
S.A. REPUBLIC, Kerkraad exempted
from military obligations, 360;
Dutch Reformed Church mentioned,
366, 393; disputes referred to, 420.
Educational Boards, Cape, created
in 1858, 87.
Education Test, in parliamentary
franchise, CAPE, 74; NATAL, 203.
Electoral Divisions, CAPE, in 1853.
48; increased by two, 60; eastern
and western divisions, 46-7;
electoral division for Tembuland
and Griqualand East created in
1887, 70; NATAL, in 1856, 190; in
1873, 198; in 1883, 202; in 1889,
204; in 1893, 206–7.
Electoral Provinces, Cape, seven
created in 1874 for electing mem-
bers of the Legislative Council, 65.
Emigrants from the Cape in 1836, see
Great Trek.
English language, CAPE, established,
23; sole use of, in Parliament, 55;
exclusive adoption in the courts
postponed in 1826, 107; use of, in
issuing processes, 136; NATAL,
sole use in magistrates' courts, 235;
ORANGE FREE STATE, officials to be
acquainted with, 297.
Executive Council, CAPE (see also
Legislative Council), created in
1825, 24; consists of five officials
in 1834, xxxi; executive officers in
1853 may sit in either house of the
legislature but without a right to
vote, 52; executive officers declared
in 1872 eligible for the Legislative
Council or the Assembly, 63;
pensions of executive officers
secured, 64; with the governor it
may extend Cape laws to Tembu-
land, 68; executive offices created
in 1893, 74-5; NATAL, executive
functions vested in 1845 in a lieut.-
governor, 184; Executive Council
in 1856 to be appointed by the
Crown, 189; the governor ap-
points to political offices to be held
during the Queen's pleasure, 205;
ORANGE FREE STATE, constitution
and powers, 293; prerogative of
mercy, 303; powers, etc., 305;
acts temporarily as an appeal
court, 308; to manage conquered
native territory, 318-20; to
make rules for native reserves, 324,
325; S.A. REPUBLIC, to propose
laws, 365; to carry out laws passed
by the Volksraad, 365, 374; con-
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