diggings and such mining and search for diamonds; but the value of the diamonds shall in nowise be taken into account in awarding such compensation as aforesaid. No. 5. stead of compen 28. If the proprietor shall within such three months signify Sale of land inhis desire, instead of accepting compensation for the damage sation. done to his said lands as aforesaid, to sell the property in the said lands out and out, then the High Commissioner shall buy the same, and if the price shall not be agreed on within the said three months, then the arbitrators shall, in lieu of determining on the amount of compensation to be paid, determine on the price to be paid for the lands so to be sold, and all the other conditions of such arbitration shall be as hereinbefore set forth; and the value of the diamonds shall not be taken in anywise into consideration in estimating the value of the said lands. of diamond no reservation of 29. (1) Whenever diamond diggings shall have been already Establishment opened or shall be opened within the said territory, to the fields on private extent hereinafter defined upon such lands as hereinafter property where mentioned, and whenever diamonds shall be discovered minerals. within the said territory, upon any lands the property of any private person, the title to which land is not subject to any reservation of precious stones or minerals, and such private person shall desire to establish diamond diggings on such property, and shall have sold, or let, or given licence to work mining or digging claims on such property, exceeding in number twenty-four such claims, or to search for diamonds in such property over a surface or surfaces to the extent of twenty thousand square feet in all, or upwards, such claims or licences in each case to be worked by any number of persons exceeding seventy in all; or wherever in the vicinity of any claims worked on such private property as aforesaid, a population shall be settled for the time being of upwards of one hundred persons, the place where such claims or such licences shall be worked or shall lie to be worked shall be deemed to be a public diamond-field, and may be proclaimed and defined as such in like manner as if the same were on Crown land. In every such case the regulations hereinbefore contained relating to the duties of Inspector and the carrying out and enforcing regulations for the order and good government of such fields shall be deemed to apply in like manner as if the same were situate on Crown lands, save that the amount of licence money, rent, or royalty to be paid for each claim shall be fixed by the owner of such property as aforesaid whereon such diamond-fields shall be situate, not being less upon each claim of nine hundred square feet, or (1) See No. 598, and Ord. No. 17-1880 2 which provides that Government is to charge 2s. 6d. per claim for good government at Du Toit's Pan and Bultfontein. See also 3. No. 6. Pre unble. in proportion to the superficial extent of the claim, not being less than would be leviable on the same extent if each claim were nine hundred square feet in dimension than the amount of monthly licence duty, royalty, or rent hereinbefore provided in respect of claims upon Crown lands; and the licence moneys, royalties, or rents payable by the miners or diggers entitled to work any claim therein shall be accounted for monthly by the Civil Commissioner of the division to the owner of the property whereon such diamond-field is situate; and the balance of such licence moneys, royalties, or rents, after deducting therefrom the proportion of ten pounds for every hundred pounds thereof, or in the like proportion at the least, and such further sum, if any, as may be necessary to defray the public expenditure in respect of the establishment necessary for the maintenance of order and good government at such diamond-field, shall be paid to such owner of such property as aforesaid whereon such diamondfield shall be situate: Provided, also, that no rules or regulations passed or made or to be passed or made by any such public meeting of miners as aforesaid shall be valid which shall affect the rights of such proprietor, or define the compensation which shall be made to him for interference with any of his rights as such proprietor, without his express concurrence in such rules either in person or through his lawful attorney thereto authorized. No. 6.--Sd. Henry Barkly. No. 72, 1871.] [Oct. 27, 1871. Proclamation that existing Titles, which would have been valid under the Laws of the de facto Government under which the private persons holding them were living, will be respected, and providing for Registration of Titles and Issne thereof. WHEREAS I have proclaimed the sovereignty of Her Britannic Majesty Queen Victoria over the people and territory of Griqualand West, as defined in my Proclamation of even date herewith (1): And whereas doubts may be entertained by certain of the inhabitants of the said territory, especially those occupying lands in the portions thereof the sovereignty over which has been heretofore in dispute between the Chief Waterboer and the Governments of the Orange Free State and South African Republic, as to the intentions of her said Majesty in extending her sovereignty (1) Sec. No. 1 supra, No. 6. of possession in in to Civil Com over the same, and divers evil-minded persons may unsettle the minds of the said inhabitants by setting forth and circulating reports as to the intentions of her said Majesty and her Government with regard to the titles of the said inhabitants to the lands now held by them respectively within the said territory; and I have therefore resolved thus publicly to notify such intentions, and to quiet the apprehensions of such inhabitants upon the said subject: Now, therefore, I do one nights hereby proclaim, declare; and make known that her said tended to be Majesty has no intention nor will to invalidate or prejudicially confirmed. to affect or injure in any way the private rights or titles to the possession of any property, movable or immovable, bond fide acquired, of any individual inhabitant of the said territory, whether born a subject of her said Majesty or not, but rather, by introducing a settled government into the said territory, to confirm such rights and quiet such possession: And to this aims to be sent end I hereby make known that it is my desire that all persons missioner. claiming title or right of possession or any other right in any lands within the said territory should, as soon as may be, send to the Civil Commissioner of the district in which such lands may be situate a statement in writing of the particulars of his said claim, and the nature of the right claimed by him, and under what title such claim is made, in order to the grant and confirmation by formal and authentic documentary evidence, under the sanction of Her Majesty's Government, of such title and rights of possession as may now be vested in such inhabitants respectively, according to the jurisdiction under which the same are, or may be, or may have been now or heretofore held respectively, it being the will and pleasure of her said Majesty that all persons may fully and peaceably enjoy their possessions under the sanction of good and just laws, and that public record may be made of the rights and titles of such persons, in order to preserve clear evidence of such rights and titles, and to secure the same to the said inhabitants and those to whom they may hereafter lawfully transfer the same. titles ing emment bave valid. 2. And I do further proclaim, declare, and make known All such existthat all such existing titles of private persons will be duly would by laws respected and considered valid and confirmed by Hor of de gel Gov Majesty's Government, as would under the laws of the State been are to be, or Government under which the said private persons may have heretofore been living de facto have been considered valid by such State or Government, not withstanding that the title thereto inay not have originally been granted by her said Majesty or her predecessors, or by me or my predecessors in office as Governors of the Colony of the Cape of Good Hope, or as her said Majesty's High Commissioners, or by the paramount Chief for the time being of Griqualand No. 7. West with the approbation of his Council or Raad: Provided, however, that as to all titles claimed to be held by grant or other document from the Government of the Orange Free State or the Government of the South African Republic in the said territory, made since the first day January, 1870, the question of confirmation or cancellation of such pretended titles shall be and the same is hereby reserved; and each such case shall, after investigation, be dealt with on its own individual merits by Her Majesty's High Commissioner, and either cancelled or confirmed absolutely, or upon such conditions as in each case may to him seem just and right. Preamble. No. 7 (1).-Sd. Henry Barkly. No. 73, 1871.] [Oct. 27, 1871. THEREAS it may be necessary that various acts of State should be done from time to time in the territory of Griqualand West in my absence therefrom and before my pleasure as to the said acts can be known there: 2. Now I have thought fit to appoint, constitute, and commission John Campbell, of Klipdrift, James Henry Bowker, of King William's Town, and John Cyprian Thompson, of Graham's Town, and of Lincoln's Inn, Barrister-at-Law, to act as Commissioners for and under me, and on my behalf as High Commissioner, during pleasure; and I hereby command all Her Majesty's loving subjects in the said territories of Griqualand West to be aiding and assisting the said Commissioners in all such acts as they shall do in conformity with my said commission. No. 8.-Sd. Henry Barkly. No. 31, 1872.] [April 16, 1872. Proclamation requiring £10 Licences to be held by Sellers of Diamond, and that No. 9.-Sd. Henry Barkly. No. 35, 1872.] [May 30, 1872. WHEREAS it is desirable that the territory of Griqua land West should be apportioned and divided into districts for the purpose of establishing circuit courts therein: 1, Proc. No. 7 cancelled by Proe. No. 75. And whereas it appears to me that such apportionment or division will be made in the manner best adapted for enabling the inhabitants of the said territory to resort with ease and convenience to the circuit courts to be therein established by adopting for the purpose aforesaid the division or apportionment of the said territory into the districts for magisterial purposes heretofore made by my Proclamation No. 69 of 1871: (No. 3.) ་ No. 9. districts, 2. Now, therefore, I do hereby order, direct, and appoint Circuit court that, for the purpose of holding circuit courts in the said territory of Griqualand West, the said territory shall be divided into the following circuit districts, namely : First, the District of Klipdrift; Second, the District of Pniel; Third, the District of Griqua Town. cuit courts. 3. And I do further order, direct, and appoint that any Powers of Circircuit court held in any of the said districts shall be holden by the Recorder of the High Court of Griqualand West at such time and at such place or places within any one or more of the said districts as I or the Commissioners appointed to act for and under me and on my behalf in the said territory may from time to time direct and appoint, and that every such circuit court shall be a court of record, and shall, within the district in which it may be holden, have and exercise all such and the same jurisdiction, powers, and authority as is vested in the High Court of Griqualand West, throughout the whole of the said territory, and that all crimes and offences cognizable in such circuit courts shall be inquired of, heard, and determined, and all civil cases cognizable by the said circuit courts shall be tried and decided in such and the same manner as is provided for the inquiring of, hearing, and determining of crimes and offences and for the trial and decision of civil cases before the circuit courts of the Colony of the Cape of Good Hope, under and by virtue of the Royal Charter of His Majesty King William the Fourth, for the better administration of justice within the said Colony, bearing date the fourth day of May, 1832, and the rules and regulations of procedure in criminal and civil cases respectively before the circuit courts aforesaid now in force in the said Colony, in so far as the same are not inapplicable to the said territory. courts, 4. And I do strictly command and charge all civil com- Officers to missioners, clerks of the peace, deputy sheriffs, field-cornets, and other officers, that they be aiding and assisting the said circuit courts, as they shall answer the contrary at their peril. aid སས་པ |