and Orange River Colony, and all prisoners of war at present outside South Africa, who are burghers, will, on duly declaring their acceptance of the position of subjects of His Majesty King Edward VII., be gradually brought back to their homes as soon as transport can be provided and their means of subsistence ensured.

3. The burghers so surrendering or so returning will not be deprived of their personal liberty, or their property.

4. No proceedings, civil or criminal, will be taken against any of the burghers so surrendering or so returning for any acts in connection with the prosecution of the war. The benefit of this clause will not extend to certain acts contrary to the usage of war which have been notified by the Commander-in-Chief to the Boer Generals, and which shall be tried by Court-Martial immediately after the close of hostilities.

5. The Dutch language will be taught in public schools in the Transvaal and the Orange River Colony where the parents of the children desire it, and will be allowed in Courts of Law when necessary for the better and more effectual administration of justice.

6. The possession of rifles will be allowed in the Transvaal and Orange River Colony to persons requiring them for their protection on taking out a licence according to law.

7. Military administration in the Transvaal and Orange River Colony will at the earliest possible date be succeeded by civil government, and, as soon as circumstances permit, representative institutions, leading up to self-government, will be introduced.

8. The question of granting the franchise to natives will not be decided until after the introduction of self-government. 9. No special tax will be imposed on landed property in the Transvaal and Orange River Colony to defray the expenses of the war.

10. As soon as conditions permit, a Commission, on which the local inhabitants will be represented, will be appointed in each district of the Transvaal and Orange River Colony under the presidency of a magistrate or other official, for the purpose of assisting the restoration of the people to their homes and supplying those who, owing to war losses, are unable to provide for themselves, with food, shelter, and the necessary amount of seed, stock, implements, etc., indispensable to the resumption of their normal occupations.

His Majesty's Government will place at the disposal of these Commissions a sum of three million pounds sterling for the above purposes, and will allow all notes, issued under Law No. 1 of 1900 of the Government of the South African Republic, and all receipts given by the officers in the field of

the late Republics or under their orders, to be presented to a Judicial Commission, which will be appointed by the Government, and if such notes and receipts are found by this Commission to have been duly issued in return for valuable consideration they will be received by the first-named Commissions as evidence of war losses suffered by the persons to whom they were originally given. In addition to the abovenamed free grant of three million pounds, His Majesty's Government will be prepared to make advances as loans for the same purposes, free of interest for two years, and afterwards repayable over a period of years with 3 per cent interest. No foreigner or rebel will be entitled to the benefit of this

clause.

Signed at Pretoria this thirty-first day of May in the Year of Our Lord One Thousand Nine hundred and Two.

(Signed)

KITCHENER OF KHARTOUM.

S. W. BURGER.

MILNER.

F. W. REITZ.
LOUIS BOTHA.

J. H. DE LA REY.

L. J. MEYER.

I. Č. KROGH.

C. R. DE WET.

J. B. M. HERTZOG.

W. C. J. BREBNER.
C. H. OLIVIER.

Statute Law of the Transvaal, 1900-6, ii. 445.

ORANGE RIVER COLONY: ADMINISTRATION OF JUSTICE, 1902-1910.

[With regard to the administration of justice in the lower courts, Ord. No. 7 of 1902 (7 Aug.) swept away the district courts of Landdrosts, of Assistant Landdrosts, of Landdrosts and Heemraden, and of Assistant Landdrosts and Heemraden. Courts of Resident Magistrates were set up, and to these officials fell the jurisdiction, powers and duties of the old Landdrosts and their Courts. The Cape model set up in 1828 was followed; consequently, by Ord. No. 8 of 1902, the new Resident Magistrates were also empowered to exercise in their respective districts the powers and functions of Civil Commissioners. The provisions of Ord. No. 7 of 1902 were repeatedly modified, as e.g. by the Petty Debts Recovery Ordinance, No. 2 of 1906; but the general plan was maintained.

A High Court of Justice for the Orange River Colony was set up at Bloemfontein by Ord. No. 4 of 1902 (16 July). There were to be two judges, which number was changed to three by Ord. No. 13 of 1904. The judges held office during good behaviour. Criminal cases were to be tried by one judge and a jury of nine. By the former of these ordinances appeals in criminal cases from the Superior Courts of the

O.R.C. were to be made to the Supreme Court of the Transvaal, but in 1904 the High Court was substituted for the Transvaal Court as a Court of Appeal. Circuit Courts were continued by both ordinances.]

ORANGE RIVER COLONY: MUNICIPAL GOVERNMENT, 1902-1910.

[By Ord. No. 6 of 1904 Municipal Councils in the various towns were provided for, consisting of from five to ten members elected by resident house-holders whose rates were paid. The Councillors could elect one of their number as Mayor. Special provisions were made in the case of Bloemfontein and Jagersfontein.

By Ord. No. 12 of 1904 Boards of Management could be elected for the villages of the O.R. Colony.

Both sets of bodies were empowered to frame regulations for their respective localities, which were to be submitted to the voters for their approval before they could be enforced. The local bodies could impose and collect certain local rates.]

THE INTER-COLONIAL COUNCIL.

[See p. 516.]

No. 174.

CHAPTER IV.

THE SOUTH AFRICAN REPUBLIC.

THE THIRTY-THREE ARTICLES.

[During the years 1836 to 1844, the period intervening between the commencement of the Great Trek and the date of this document, there were three main groups of emigrants who settled round the spots where now stand the towns of Pietermaritzburg in Natal, Winburg in the Orange Free State and Potchefstroom in the Transvaal, though there were several minor posts. The Natal group was the first to establish a settled form of government which had begun to pass legislative enactments about the middle of 1839. The following year they were joined in a sort of union by the people residing at the other two places. It was probably on this occasion that an Adjunct Raad was set up at Potchefstroom, with a vague authority also over the people in the neighbourhood of Winburg. The body had to report any resolutions that it might pass, and was in other respects subject to the Volksraad at Pietermaritzburg, though in minor matters it was regarded as independent of the older legislature. It is not known whether the people of Potchefstroom took any action or passed any resolution with regard to the capitulation of the Natal Volksraad to the British in 1843, but obviously they did not regard themselves as affected thereby. The law given here was probably passed by the old Adjunct Raad, but portions of it remained in force for many years.]

DE DRIE EN DERTIG ARTIKELEN.1 [9 April 1844.]
ZIJNDE ALGEMEENE BEPALINGEN EN WETTEN VOOR DE

TEREGTZITTINGEN.

ART. 1. Alle teregtzittingen zullen in het openbaar gehouden worden.

2. De toehoorders zullen de teregtzittingen met ongedekte hoofden bijwonen en voorts een betamelijk ontzag en stilzwijgen bewaren. Al wat de President tot handhaving der goede orde beveelt, zal stiptelijk ten uitvoer gebragt worden.

THE THIRTY-THREE ARTICLES.1 [9 April 1844.] BEING GENERAL REGULATIONS AND LAWS FOR THE LAW SESSIONS.

ART. I. All law sessions shall be open to the public.

2. The audience shall uncover their heads while attending the law sessions and shall further maintain a decorous and respectful silence. Whatever the President orders for the maintenance of good order shall be strictly carried out.

1 Formally repealed by Procl. No. 34 of 1901.

3. Ingeval dat een of meer der personen, gedurende de openbare teregtzitting de stilte storen, en teekens van goed-of afkeuring geven, hetzij bij het verdedigen der partij,hetzij bij aanmaning of waarschuwing van den voorzitter of bij het uitspreken van vonnissen en bevelschriften, of op welke wijze ook geraas maken, of bewegingen verwekken; en zij op die waarschuwing van den bode zich niet dadelijk stil houden, dan zal hun gelast worden te vertrekken; en die zich daartegen verzet, zal terstond in een huis van burger arrest gezet worden, voor den tijd van 24 uren of langer-naar den aard der zaak. Wanneer de President het zal noodig achten, zoo zal hij door de toehoorders geadsisteerd worden zoodanige ongehoorzame personen in hechtenis te brengen.

4. Indien zoodanige personen weigerachtig zijn om den President te adsisteren, zullen zij in regten kunnen worden vervolgd.

5. Indien eenig regterlijk persoon of personen, in de uitoefening hunner pligten, door beleedigingen of dreigementen zal gehinderd worden door eenig persoon of personen, zal de zoodanigen, na behoorlijk onderzoek en getuigenis, gestraft worden met eene geldboete of gevangenisstraf-naar den aard der zaak; maar de beledigde regter zal in zoodanig geval niet als regter mogen fungeren.

6. Elk lid van den Burgerraad dezer maatschappij kan zoowel door den beklaagden als beschuldiger, als ook door de andere leden van den Raad kunnen afgekeurd worden. Geene Bastaarden zullen in onze vergaderingen als lid of regter mogen zitten tot het tiende gelid. Ten Iste, wanneer de beklaagde of beschuldigde in bloedverwantschap of

3. In case one or more of the persons should cause a disturbance during the public session and should show signs of approval or disapproval, whether during the defence of the party, or during the admonition or warning of the chairman, or while sentences are being passed or decrees issued, or in any way make a noise or create commotion; and if they should not immediately keep silence when warned by the messenger, then they shall be ordered to depart; and he who opposes such order shall at once be placed under civil arrest for the period of 24 hours or longer, according to the nature of the case. When the President may deem it necessary, he shall be assisted by the audience in taking in charge such disobedient persons.

4. If such persons should be unwilling to assist the President, they shall be liable to be prosecuted according to law.

5. If any judicial person or persons should, in the execution of their duties, be hindered by any person or persons through insults or threats, then such persons, after proper examination and evidence, shall be punished with a fine or imprisonment according to the nature of the case; but the insulted judge shall in that case not be allowed to act as judge.

6. Every member of the Burgerraad of this community may be objected to by the defendant as well as the accuser, as also by the other members of the Raad. No half-castes, down to the tenth degree, shall be entitled to sit in our meetings as a member or judge. [Nor shall a man act as judge:]