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Select constitutional documents illustrating South African history, 1795-1910 online

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ficaticos, 49 ff . ; Natal, quanfica-
tioos and privileges in 1893.
206-7.

Military matters. Orange Fuse
State, the system regulated by
the constitution, 295 ; the ri^t
to declare war. 304 ; in conqoend
territories for defenoe. 3166.;
S.A. Republic, aiystem of defenoe
regulated by the constitution.
584 ff.; burghers may eaeidse
the franchise while on comnumda
441 ; military service law. 1876.
442 ff.

Mining. S.A. Republic, head of the
industry appomted. 480; repre-
sentation of persons engaged in,
481.

Mmisters, Cape, appointed by the
Crown and may sit in either
House. 63-4; Bunistor of Agri-
culture created, 74; Secretary
for Native Affairs abolished. 74;
definition of the term " minister,"
75 ; Natal, to hold office by ap-
pointment of the Governor during
the Queen's pleasure ; definition
of the term " minister." 205 ;
to be members of either House,
205-6.

Molappo, law for the government of
his people in the O.F. State in
1866.320.

Mopeli, Paulus. law for the govern-
ment of his people in the OJF*.
State in 1867, 325.

Moshesh, see Basutos.



Mount Aytiff . see Xesibe Country.
Munidpai Boards, Cape, created in
1830, 78; qualification of



missioners, 81 ; new regulations
in 1882, 88 ff.; Natal, created
in 1847. 218 ff.; Orange Fkeb
State, in 1856. 311; Orange
River Colony, in 1904. 348;
Transvaal, in 1903. 516.
Municipal Corporations. Natal, estab-
lished in 1854, 220 ff.; the rules
improved, 224.



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INDEX



579



Natal, not included under the Cape
Constitution Ordinance of 1853,
55 ; British residents in 1835, 143 ;
protest of British residents against
a magistrate's authority in 1837,
ISO; occupation of the Port by
British troops in 1838, 151 ; the
republic in Natal. 152; Port
abandoned by the British in 1839,
158 ; the Republic demands a
recognition of its independence,
158; burghership law, 162; re-
occupation b^r the British in 1841,
164 ; submission of the Volksraad
and demand for liberties, 174 fi. ;
boundaries between British and
native territories agreed on in 1843,
1 80; annexation to the Cape in 1 844,
182 ; receives a separate govern-
ment in 1845, 184; but remains
under the control of the Cape
Legislative Council, 185 ; receives
a Legislative Council in 1856, 188 ;
responsible government in 1893,
204; Transvaal districts annexed
to, 217 ; joins the Union, 522.

Native Affairs, Secretary for. Cape,
63 ; office abolished, 74 ; duties
tall to the Prime Minister, 75 ;
Natal, to assist the Supreme
Chief, 255 ; see Executive Council.

Native Boe^, see Native Laws.

Native Code, Natal, 251, 252;
summarised, 259.

Native High Court, Natal, creation
of, 250.

Native laws and customs. Natal,
certain persons relieved from the
operation of, in 1864, 195 ; remain
01 force amon^ natives in 1848,
236 ; to be assmiilated to colonial
laws, 247 ; Europeans and natives
may be appointed as adminis-
trators of native law, 248 ; juris-
diction of such administrators,
248-^ ; to be reduced to writing
by a Native Board created in
1875, 250-x ; administrators of
native law receive the powers of
magistrates, 252 ; further duties
of Native Board, 253-4 ; Orange
River Sovereignty, retained
among natives, 278 ; Orange
Free State, administered by a
Native Council, except crimmal
laws, 320 ff .

Native Reserves, Orange FYee

State, 320 ff., 325.
Native Trust, Natal, constitution

and functions. 255.
Natives, Cape, see Hottentots;
Natal, certain natives disaualified
from exercising the parliament-



ary franchise in 1865, 194 ff.,
203 ; chiefs continue to ad-
minister justice among, 236;
crimes repugnant to the general
principles of humanity to be
tried only in the colonial courts,
238; Orange Free State, govern-
ment of conquered territories,
314 ff.; laws applied to, 320 ff.;
S.A. Republic, no equality with
white people, 364 ; certain natives
to be pkced in service, 414;
natives not to be sold, 415;
written contracts of hire with,
415; not to possess the franchise,
439 ; liable to be called up for
military service, 444 ; to be taught
due obedience, 453 ; may acquire
land, 459. 474-
Nomansland, see Transkei.

Oath, Cape, of allegiance to the
King, 4 ; of resident magistrates,
112; Natal, of members of the
Legislative Council, 192.

Officials, Cape, may sit in Parliament
in 1853, 52 ; S.A. Republic, list of,
arranged for by the constitution,
401 ff. ; their salaries prescribed,
408 ; may not become members
of the Volksraad, 437 ; list of, in
1883, 469 ; in 1889, 486; may not
accept nomination for the office
of President, 513.

Ohrigstad. mentioned, 423.

Oran^ Free State, territory pro-
claimed British as the O.R.
Sovereignty in 1848,270; govern-
ment of, m 1848, 273; in 1849,
275 ; country beccones inde-
pendent by the Bloemiontein Con-
vention in 1854, 281 ; constitution
of, 285 ; annexed to the British
Empire, 344; concludes the Ver-
eemginj; Peace Treaty, 345 ; joins
•the Umon, 522.

Paper money. Cape, 8 ; secured in
1806, 15 ; replaced by silver, 25.

Parliament, Cape, created, 45 ff. ;
annual sessions, 52 ; members to
be paid, 55 ; freedom of speech
and publication of papers, 57.

Paymaster-General,Cape,duties of ,72.

Peace, crimes against the public,
S.A. Republic, defined, 354.

Police, Cape, under the Municipalities
Act of 1882, 95 ; arrangements
in 1797, 98 ; Natal, under the
Municipal Corporation Ordinance
of 1854. 224.

Pondoland, annexation of, to the
Cape, y6.



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580



INDEX



PofNilatioii of the Cape in 1 841, 42.

Pkesident, Orange Freb State,
duties and powers, 292 ; law regu-
lating the election of, 501-3;
prerogative of mercy, 303; duty
in declaring war and concluding
pefl^ce> 304 ; /^ in case of death
penalties, 309 ; to appoint a com-
mandant cl native territory, 3x9 ;
S.A. Republic, election, duties,
etc., 376 ft, ; to appoint justices
of the peace. 432, 433 ; before
elected he need not be a buxigher,
434: declares war with the con-
currence of the Executive Council,
442 ; with the Executive may
proclaim public diggings, 481 ;
exercises his power with the Ex-
ecutive Council, 485 ; may call
special meetings of the Volksraad,
489 ; how to be tried for mis-
demeanour, 502 ft, ; may expel
aliens for certain offences. 506 n. ;
government officials may not accept
nomination as, 513.

Press, Orange FYee State, freedom of
. the, 296.

Prime Minister, Cafe, receives the
management of native affairs. 75.

Prince of Orange, gives an order to
admit troops into the Cape. 2;
cedes the Cape to Great Britain,
19 ff.

"Privy Council. Cape, 6 ; appeals to,
118; Natal, appeals to, mun the
Supreme Court. 244, 245 ; see Crown.

Pnbhc meetings allowed at the Cape,



Queen, see Crown.

Railways, Natal, 200 ; Central South
African, 516.

Receiver-General, Cape, duties of,
72.

Rent, arrears remitted in 1796, 7.

Representative government, peti-
tion for, debated in House of
Commons, 30 ; petition for, from
the Cape, 42 ; the Cape receives
representative government, 4$ ;
Natal receives, 188.

Resident, The British, north of the
Orange River, appointed, 263 ;
powers and duties, 263-9; in®n-
tioned, 272, 273, 274, 276, 278.
281 ; S.A. Republic, duties of,
under the Convention of Pretoria,
i88i,459ff.

icesident Magistrates, Cape, have
jurisdiction in Tembuland, 1885,
69; office created in 1827, ^7
109-12 ; in 1882 receive jurisdic-



tion under the MunidpaUties Act
95 ; take over duties of courts at
landdrosts and heemraden in
1828, 1 12 ; courts continued under
the second Charter of Justice in
1834, 1 17-8; centres at which
they were stationed in 1856, 126;
jurisdiction in 1856, 126-7; to
f[ive marriage licenses, 133 ; duties
m making out jury lists, 139-40;
Natal, duties in regard to elections,
1856. 191. 193 ; to issue certain
certificates to natives, 196 ; created
in 1846 and jurisdiction de-
scribed, 233; jurisdiction for the
recovery of petty debts, 246-7;
powers in 1889, 255-9; Orange
River Sovereignty, magistracies
in 1849, 276, 278-80; Orange
Free State, duties of, performed
by landdrosts. 294; courts of,
set up in 1902, 347 ; Transvaal.
courts of, set up in 1902, 515.

Responsible government established.
Cape in 1872, 63 ff. ; Natalm 1893,
204 ff.

Revenue, Cape, provisions regarding,
in 1796, 7; to be accounted to
Commissioners of the Royal
Treasury. 8 ; ordinance for ap-
propriating at the Cape, 38 ; biOs
to originate in the Assembly, 54 ;
revenue of British Kaffrarxa
transferred to the Cape, 60; re-
ceivers of revenue and anditors.
72 ; manner of collecting in the
districts in 1828, 77: Natal,
consolklated revenue fund, 208;
expenses in Zululand charged on
this fund, 217; S.A. Republic.
sources of, prescribed by the con-
stitution, 403 ; treasury to be at
the President's house, 406; how
to be dealt with by the Treasurer
and Auditor-General. 434-6 ; ex-
penses of District Councils to be
borne by the districts, 487.

Road Boards. Cape, created in 1843.
81 ; duties ot Divisional Road
Boards transferred to Divisional
Councils, 84 ; Central Road Board
dissolved and its duties transferred
to Divisional Councils in 1858. 86.

Rode VaUey. annexed to the Cape,
70.

Roman CathoUc relief granted at the
Cape, 29.

Roman-Dutch Law, Cape, continued,
6; Natal, established in 1845.
227 ; not to extend over natives as
a general rule, 238 ; Orange River
Sovereignty, retained in 1849^
2;r8; Orange Fiieb State. re-



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INDEX 581



tained in 1854. 295 ; books pre-
scribed, 310; S.A. Republic*
adopted in 1844, 356; books pre-
scribed, 417.

School Commissions, Cape, their
duties delegated to Divisional
Councilsini855,85.

Secretary of State, supervises the
Cape Government, 6, 8, 9.

Sheriff, Cape, duties and powers
under the Charter of Justice
of 1827, 112 ; under the second
Charter, 115 ; to summon jurors,
124; to execute decrees of
Supreme Court, 136; duties in
sunmioning juries, 140 ; Natal, to
be appointed by the Governor, 245.

Slaves, rules regulating importation,
etc., at the Cape. 8; Christian
slaves may be sold, 18 ; emancipa-
tion of, 38 ; to be supplied in 1806
by the inhabitants to repair roads,
•J7 ; will not be kept by the emi-
grants, 144 ; mention of, 168 ;
will not be kept in the S.A. Re-
public, 364, 472.

South African Republic, name
adopted in 1853, 360-1 ; • be-
f^innings of, 349 ; recc^nition of its
mdependence by the British, 357 ;
adopts a constitution in 1858, 363 ;
union with the Republic of lijden-
burg ix^ 1859, 420 ff. ; annexation
to the British Empire in 1877, ^ ;
restoration of, but under Bntish
suzeiainty, 455 ff. ; concludes the
London Convention in 1884, 469 ;
annexation to the British Empire
in 1900, 514; joins the other
colonies in a Union, 522.

Speaker, of the Cape Assembly in
1853, 51 ; of the Natal Legislative
Coundl in 1856, 192; of Natal
Assembly in 1893, 207.

Stellaland, mentioned, 479.

St. John's River, see Griqualand
East.

Supply Bills, see Bills.

Supreme Chief of Natives, Natal,
obedience to, 236; mentioned,
237 ; Governor endowed with the
authorityof , in 1 875, 25 1 , 2 J4-5, 2

Supreme Court of Brios'
abolished, 60.

Supreme Court, Caps (created
by the 1827 Charter of Justice),
mention of, 114; continued in
1834 by the second Charter, con-
stitution, jurisdiction, etc., 1 14 ff. ;
duties of, regarding insolvency,
120 ; to be assisted by a jury m
civil cases, 122 ; constitution in



1864, 128 ; to hear appeals from
the Eastern Districts Court, 128 ;
to supervise work of special J.P.'s,
130; constitution in 1879, 130;
hears appeals from the Hif^ Court
and Circuit Courts of Gnqualand
West, 132 ; constitution of, in
1880, 133 ; receives in 1886 all the
authorities conferred on the Court
of App«d in 1879, 135 ; Natal,
in 1897 1^^ x^o jurisdiction in
Zululand, 217; Caps, may hear
cases remitted to it by the District
Court of Natal and also appeal
cases from that Court, 231 ;
Natal, established in 1857, 243 ;
to hear civil appeals from Circuit
Courts, 244 ; to hear appeals from
magistrates' courts, 258 ; T&ans-
VAAL, set up in 1902, 515.

Surrender of the Cape, first, 3;
second, 14.

Swaziland, independence of, recog-
nised in 1881, 461 ; in 1884. 47^ ;
mentioned, 505.

Teachers, Cape, to have a Governor's
license, 10 ; introduction of, from
England, 23 ; in 1858 to be ap-
pointed in the field-cometcies by
Educational Boards, 88.

Tembuland, annexation of, to the
Cape, 68.

Testing power, not possessed by
judges m the S.A. Republic, 508-

13-

Tortuie, to be abolished at the Cape,
6.

Trsmskei, annexation of, to the Cape,
6} ; divided into two electoral
divisions, 70.

Transvaal, see South African Re-
public.

Tteason, S.A. Republic, defined,

351-3.

Treasurer, Capb, in 1795, 5 ; in the
Ministry, 63; Natal, in 1856,
192 ; S.A. Republic, law definmg
the duties of, 434 ff .

Treaty, between British residents in
Natal and Dingaan, King of the
Zulus, 143 ; of agreemeQt pro-
posed by the Republic in Natal
to the Cape Governor, 159; with
Panda, King of the Zulus, 180;
with Adam Kok, chief of the
Giiquas, 261 ; with Moshesh,
chief of the Basutos, 269; of
Vereeniging, 345 ; of union
between the S.A. Republic and
Lijdenburg, 420^.; see Conventions.

Troops, Cape, to be raised by the
Governor, 10.



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582



INDEX



Unioa, of the S.A. Republic and
lijdenbiirg, 420 ff.; of the O.F.
State and the S.A. RepnbUc pro-
posed, 478 ; customs union, 470.

Union of South Africa, the South
Africa Act, 1909, analjrsis of the
Act. 517-21.

Vagrancy regulations in 1S09, 17.

Veld Wachtmeester, see Field-Comet.

Vereeniging Peace Treaty, 345.

Vice-Admixul at the Cape, office to
be held by the Governor, 10.

Volksraad : Natal Republic, men-
tioned, 153, 159; membm of,
162 ; mentioned, 164, 166, 167 ;
qualification of members, 166;
members of, 174, 180; Orange
Free State, qualification of
electors, 286; powers of, 287;
law regulating election of members,
501-3; supervises the declaring
of war and the making of treaties,
304-5 ; to decide on agreement
between the President and the
British Government, 344; S.A.
Republic, must ratify tieaties in
Older to nve them validity. 367,
442 ; qualifications and powers of
membm, 367 fi. ; its resolutions
to be observed as laws by
every court, 4^^ * members not
to be government officials, 437 ;
franchise law of 1876. 437 ff. ;
burffhers may exercise the franchise
while on commando. 441 ; resolu-
tion regazding the threatened
annexation of the Republic by the



British, 444 £L ; number of members
decreased in 1886, 478 ; burghers
of Stellaland and Goshen receive
the franchise, 479; to a^
prove taxation levied by District
Councils, 488; two Volksraads
esUbli^ed in 1890, 4SS&.;
franchise law of 1890 for both
VolksFaads, 495 ; franchise ex-
tended to those who assisted in the
War of Independence, 499 ; fran-
chise law of 1893, 500; full
franchise granted to Uiose who
fought agamst Jameson, 505 ; its
lesdutions must be adnmiisteied
by the oourts as laws, 508-13 ;
authorises the government to
conclude a postal convention with
the Cape, 477 ; full franchise
granted to those who fought in
Zoutpansberg and Swaxiland, 505.
Voters, see Franchise.

Walfish Bay, annexation of, to the

Cape, 68.
War of Independence. S.A. Republic,

1880 and 1 88 1, mentioned, 499.
Western Electoral Divisions. Cape.

4^7.
Western Electoral Provinoe, Cape,
created in 1874, 65.

Xesibe Country, annexation of. to the
Cape, 69.

Zoutpansberg, mentioned. 505.
Zuluknd, becomes British territory.
215; annexed to Natal. 2 16.



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Online LibraryG.W. EybersSelect constitutional documents illustrating South African history, 1795-1910 → online text (page 70 of 70)