provisions of this Our Charter, or to enact other provisions in substitution for or in addition to any of its existing provisions: Provided that the right and power thus reserved shall be exercised only in relation to so much of this Our Charter as relates to administrative and public matters. And We do further expressly reserve to Ourselves, Our heirs and successors, the right to take over any buildings or works belonging to the Company, and used exclusively or mainly for administrative or public purposes, on payment to the Company of such reasonable compensation as may be agreed, or as, failing agreement, may be settled by the Commissioners of Our Treasury. And We do further appoint, direct, and declare that any such writing under the said Great Seal shall have full effect and be binding upon the Company, its members, officers, and servants, and all other persons, and shall be of the same force, effect, and validity as if its provisions had been part of and contained in these presents. XXXIV. Provided always, and We do further declare that nothing in this Our Charter shall be deemed or taken in anywise to limit or restrict the exercise of any of Our rights or powers with reference to the protection of any territories or with reference to the government thereof, should We see fit to include the same within Our dominions. XXXV. And We do lastly will, ordain, and declare, without prejudice to any power to repeal this Our Charter by law belonging to Us, Our heirs and successors, or to any of Our courts, ministers, or officers independently of this present declaration and reservation, that in case at any time it is made to appear to Us in Our Council that the Company has substantially failed to observe and conform to the provisions of this Our Charter, or that the Company is not exercising its powers under the concessions, agreements, grants, and treaties aforesaid, so as to advance the interests which the Petitioners have represented to Us to be likely to be advanced by the grant of this Our Charter, it shall be lawful for Us, Our heirs and successors, and We do hereby expressly reserve and take to Ourselves, Our heirs and successors, the right and power by writing under the Great Seal of Our United Kingdom to revoke this Our Charter, and to revoke and annul the privileges, powers, and rights thereby granted to the Company.' In Witness whereof, We have caused these Our Letters to be made patent. (L.S.) MUIR MACKENZIE. S. African Treaties, Conventions, etc., presented I Cf. art. 150 of the South Africa Act, 1909, p. 554, above. 1 APPENDIX B. BRITISH AND GERMAN SPHERES IN THE SUB-CONTINENT OF AFRICA. No. 237. Agreement between the BRITISH AND German GovERNMENTS, respecting Africa and Heligoland.—BERLIN, 1st July 1890. Sir The Undersigned, -Sir Edward Baldwin Malet, Her Britannic Majesty's Ambassador Extraordinary and Plenipotentiary; Henry Percy Anderson, Chief of the African Department of Her Majesty's Foreign Office; The Chancellor of the German Empire, General von Caprivi; The Privy Councillor in the Foreign Office, Dr. Krauel, Have, after discussion of various questions affecting the Colonial interests of Germany and Great Britain, come to the following Agreement on behalf of their respective Governments : EAST AFRICA. GERMAN SPHERE OF INFLUENCE. ART. I. In East Africa the sphere in which the exercise of influence is reserved to Germany is bounded 1. To the north by a line which, commencing on the coast at the north bank of the mouth of the River Umba [or Wanga], runs direct to Lake Jipé; passes thence along the eastern side and round the northern side of the lake, and crosses the River Lumé; after which it passes midway between the territories of Taveita and Chagga, skirts the northern base of the Kilimanjaro range, and thence is drawn direct to the point on the eastern side of Lake Victoria Nyanza which is intersected by the 1st parallel of south latitude; thence, crossing the lake on that parallel, it follows the parallel to the frontier of the Congo Free State, where it terminates. It is, however, understood that, on the west side of the lake, the sphere does not comprise Mount Mfumbiro; if that mountain shall prove to lie to the south of the selected parallel, the line shall be deflected so as to exclude it, but shall, nevertheless, return so as to terminate at the above-named point. 2. To the south by a line which, starting on the coast at the northern limit of the Province of Mozambique, follows the course of the River Rovuma to the point of confluence of the Msinje; thence it runs westward along the parallel of that point till it reaches Lake Nyassa; thence striking northward, it follows the eastern, northern, and western shores of the lake to the northern bank of the mouth of the River Songwe; it ascends that river to the point of its intersection by the 33rd degree of east longitude; thence it follows the river to the point where it approaches most nearly the boundary of the geographical Congo Basin defined in the 1st Article of the Act of Berlin as marked in the map attached to the 9th Protocol of the Conference.1 From that point it strikes direct to the above-named boundary ; and follows it to the point of its intersection by the 32nd degree of 1 For map see Hertslet's Map of Africa by Treaty, vol. ii., to face p. 643. east longitude; from which point it strikes direct to the point of confluence of the northern and southern branches of the River Kilambo, and thence follows that river till it enters Lake Tanganyika. The course of the above boundary is traced in general accordance with a map of the Nyassa-Tanganyika Plateau, officially prepared for the British Government in 1889.1 3. To the west by a line which, from the mouth of the River Kilambo to the 1st parallel of south latitude, is conterminous with the Congo Free State. EAST AFRICA. BRITISH SPHERE OF INFLUENCE. The sphere in which the exercise of influence is preserved to Great Britain is bounded 1. To the south by the above-mentioned line running from the mouth of the River Umba (or Wanga) to the point where the Ist parallel of south latitude reaches the Congo Free State. Mount Mfumbiro is included in the sphere. 2. To the north by a line commencing on the coast at the north bank of the mouth of the River Juba; thence it ascends that bank of the river and is conterminous with the territory reserved to the influence of Italy in Gallaland and Abyssinia, as far as the confines of Egypt. 3. To the west by the Congo Free State, and by the western watershed of the basin of the Upper Nile. ART. II. [Withdrawal by Germany in favour of Great Britain of protectorate over Witu.] SOUTH-WEST AFRICA. GERMAN SPHERE OF INFLUENCE. ART. III. In South-West Africa the sphere in which the exercise of influence is reserved to Germany is bounded I. To the south by a line commencing at the mouth of the Orange River, and ascending the north bank of that river to the point of its intersection by the 20th degree of east longitude. 2. To the east by a line commencing at the above-named point, and following the 20th degree of east longitude to the point of its intersection by the 22nd parallel of south latitude, it runs eastward along that parallel to the point of its intersection by the 21st degree of east longitude; thence it follows that degree northward to the point of its intersection by the 18th parallel of south latitude; it runs eastward along that parallel till it reaches the River Chobe; and descends the centre of the main channel of that river to its junction with the Zambesi, where it terminates. It is understood that under this arrangement Germany shall have free access from her Protectorate to the Zambesi by a strip of territory which shall at no point be less than 20 English miles in width. The sphere in which the exercise of influence is reserved to Great Britain is bounded to the west and north-west by the above-mentioned line. It includes Lake Ngami. The course of the above boundary is traced in general in accordance with a map officially prepared for the British Government in 1889. The delimitation of the southern boundary of the British territory of Walfisch Bay is reserved for arbitration, unless it shall be settled by the consent of the two Powers within two years from the date of the conclusion of this Agreement. The two Powers agree that, pending 1 For map see Hertslet's Map of Africa by Treaty, vol. ii., to face p. 643. & Cf. No. 41. such settlement, the passage of the subjects and transit of goods of both Powers through the territory now in dispute shall be free; and the treatment of their subjects in that territory shall be in all respect equal. No dues shall be levied on goods in transit. Until a settle. ment shall be effected the territory shall be considered neutral. ART. IV. [Boundary between the British Gold Coast Colony and the German Protectorate of Togo.] ART V. [Freedom of goods from transit dues between River Benué and Lake Chad.] ART. VI. [Lines of demarcation traced above shall be subject to rectification by agreement.] ART. VII. The two Powers engage that neither will interfere with any sphere of influence assigned to the other by Articles I. to IV. One Power will not in the sphere of the other make acquisitions, conclude Treaties, accept sovereign rights or Protectorates, nor hinder the extension of influence of the other. It is understood that no Companies nor individuals subject to one Power can exercise sovereign rights in a sphere assigned to the other, except with the assent of the latter. ART. VIII. [Application of Berlin Act of 1885 in spheres of influence within the limits of the free trade zone.] ART. IX. Trading and mineral concessions, and rights to real property, held by Companies or individuals, subjects of one Power, shall, if their validity is duly established, be recognised in the sphere of the other Power. It is understood that concessions must be worked in accordance with local laws and regulations. ART. X. In all territories in Africa belonging to, or under the influence of, either Power, missionaries of both countries shall have full protection. Religious toleration and freedom for all forms of divine worship and religious teaching are guaranteed. ART. XI. [Cession to be made by the Sultan of Zanzibar to Germany of possessions on the mainland and of the island of Mafia. German recognition of British protectorate over the remaining dominions of the Sultan of Zanzibar, including the islands of Zanzibar and Pemba, and Witu. Withdrawal of German protectorate up to Kismayu.] ART. XII. [Cession of Heligoland by Great Britain to Germany.] EDWARD B. MALET. BERLIN, 1st July 1890. H. PERCY ANDERSON. K. KRAUEl. S. African Treaties, Conventions, etc., presented to Cape Parl. 1898, p. 388. APPENDIX C. No. 238. THE CAPITULATION IN GERMAN SOUTH-WEST AFRICA. [9 July 1915.] The terms of surrender of the military forces of the Protectorate of German South-West Africa, as agreed to by the Government of the Union of South Africa and accepted by His Excellency Dr. Seitz, the Imperial Governor of the Protectorate of German South-West Africa and Commander of the said military forces, which was signed at Kilometre 500 on the railway line between Otavi and Khorab on July 9, 1915, are as follows: (1) The military forces of the Protectorate of German South-West Africa, hereinafter referred to as the Protectorate, remaining in the field under arms and disposable at the command of the Commander of the said Protectorate forces are hereby surrendered to General The Right Hon. Louis Botha, Commanding-in-Chief the Forces of the Union of South Africa in the field. Brigadier-General H. T. Lukin, C.M.G., D.S.O., acting on behalf of General Botha, shall be the Officer in Charge with arranging the details of the surrender and giving effect to it. (2) The active troops of the said forces of the said Protectorate surrendered in terms of paragraph I shall in the case of officers retain their arms, and may give their parole, being allowed to live each under that parole at such places as he may select. If for any reason the Government of the Union of South Africa is unable to meet the wish of any officer as regards his choice of abode, the officer concerned will choose some place in respect of which no difficulty exists. (3) In the case of other ranks of the active troops of the said forces of the said Protectorate such other ranks shall be interned under proper guard in such place in the Protectorate as the Union Government may decide upon. Each non-commissioned officer and man of the other ranks last referred to shall be allowed to retain his rifle, but no ammunition. One officer shall be permitted to be interned with the other ranks of the artillery, one with the other ranks of the remainder of the active troops, and one with the other ranks of the police. (4) All reservists, Landwehr and Landsturm of all ranks of the said forces of the Protectorate now remaining under arms in the field shall, except to such extent as is provided for in paragraph 6 below, give up their arms upon being surrendered in such formation as may be found most convenient, and, after signing the annexed form of parole, shall be allowed to retire to their homes and resume their civil occupation. (5) All reservists, Landwehr and Landsturm of all ranks of the said forces of the Protectorate who are now held by the Union Government prisoners of war taken from the said forces of the Protectorate, upon signing the form of parole above-mentioned in paragraph 4 shall be allowed to resume their civil occupation in the Protectorate. (6) The officers of the reserve, Landwehr and Landsturm of the |