‹ [Recueil de traités]: Nouveau recueil général de traités et autres actes relatifs aux rapports de droit international (volume 5)Chapitre 315 sur 337 · The said field of opérations shall not include Nyasaland · texte numérisé non relu

The said field of opérations shall not include Nyasaland

The territory defined by that name will be bounded, where it adjoins the Chartered territory , by a frontier which , starting on the south from a point where the boundary between the British and Portuguese sphères is intersected by the boundary of the Conventional line of the Berlin Act, will follow that line to the point where it meets the geographical line of the Congo Basin, and will thence follow the latter line to the point where it reaches the boundary between the British and German sphères.

2. As regards the powers of government and administration by the Company, the Secretary of State shall, pursuant to the power reserved to him by the 4th Article of the Charter, subject them to the condition that,

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until the lst January, 1894, or until such eailier date as he shall direct, they shall be exercised for the Company by Her Majesty's Commissioner for Nyasaland in consultation with the Company, and accordingly, in this respect, the Company's officers shall be subordinate to the Commissioner.

After the lst January, 1894, the arrangement shall be renewable, at the discrétion of Her Majesty's Government , for a furthor period not exceeding two years.

3. The duty of preserving peace and order incumbent of the Company under Article 10 of the Charter shall devolve on the said Commissioner so long as Article 2 hereof is in force. The Commissioner shall have the control of the polize force , the establishment of which is authorized by Article 10 of the Charter, with power to employ it at his discrétion in any part of the Company's field of opérations north of the Zambezi and and in Nyasaland.

The Company shall raise, equip, and maintain (providing the necessary barrack accommodation) the police force (under which head armed boats shall be comprised), and defray ail expenses connected with its employaient, expending for thèse purposes through the said Commissioner not less than 10,0001. a-year.

The said Commissioner shall be consulted as to the organization of the police , and especially as to the appointment by the Company of its officers.

4. Justice to the peoples and inhabitants within the Company's field of opérations noth of the Zambezi, under the 14th Article of the Charter, shall be administered by the said Commissioner so long as Article 2 hereof is in force.

5. The administration of justice shall be in conformity with the Africa Order in Council of the 15th October, 1889, which judicial powers will be conferred on the said Commissioner (so long as Article 2 hereof is in force), and on such other officers who may be employés of the Company as the Secretary of State shall, at the request of the Company, nominate.

6. Goods passing through y Nasaland to or from Chartered territory shall be treated as goods in transit, and shall be free from duty.

If, for the sake of convenience, duties are levied on them on the Nyasaland frontiers, they shall be accounted for to the Company.

7. Ail expenses connected with the administration in the Chartered territory shall be borne by the Company either by a fixed payment, or by liquidation of accounts rendered by the Commissioner, but no expense beyond the before - mentioned 10,0001., except for travelling expenses of the Commissioner and his agents, shall be incurred without the previous sanction of the Company.

8. The Company shall make arrangements under which the said Commissioner shall, in Nyasaland , be authorized to make use of material of war belonging to the African Lakes Company in case of necessity, and under which he shall be empowered to use , free of charge , for administrative purposes, the steamers belonging to that Company on Lake Nyasa,

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with due précautions against unreasonable interférence with their employment for the Company's trade.

Foreign Office, February 1891.

No. 2.

Foreign Office to British South Africa Company.

Sir, Foreign Office, December 8, 1893.

I am directed by the Earl of Rosebery to state to you , for the information of your Directors , that , in accordance with the right reserved by the Agreement of 1891, recording the conditions under which the Charter was extended north of the Zambezi , Her Majesty's Government will renew that Agreement for two years from the Ist January next.

The arrangement will be renewed subject to any agreement which may hereafter be arrived at with the Company as to its modification.

I am, &c.

(Signed) P. Currie.

No. 3.

British South Africa Company to Foreign Office. — (Received December 18.)

Sir, 19, St. Swithin's Lane, London, December 15, 1893.

I am instructed to acknowledge the receipt of your letter of the 8th instant, informing this Company that, in accordance with the right reserved by the Agreement of 1891, recording the conditions under which the Charter was extended north of the Zambezi, Her Majesty's Government will renew that Agreement for two years from the lst January next.

I will inform Her Majesty's Commissioner and Consul - General , Mr. H. H. Johnston, in accordance with the above.

I am, &c.

(Signed) Herbert Canning, Secretary.

No. 4.

Mémorandum of Agreement with South Africa Company respecting British Central Africa, supplementary to the Agreement of February 1891.

The South Africa Company having intimated that it is prepared to undertake the direct administration of the portion of the British sphère north of the Zambezi over which its Charter was extended in 1891, the arrangement under which the administration was confided to Her Majesty's Commissioner and Consul - General, in consultation with the Company, till the lst January, 1896, or such earlier date as the Secretary might direct administration, which shall not be later than the 30th June, 1895.

Administrative posts which have been placed by the Commissioner in the Chartered territory will be transferred and will thenceforth be under the direct control of the Company. The expenditure of the Commissioner on their account will cease from the date of transfer.

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2. The company will , in accordance with the existing arrangement, pay into the hands of the Commissioner the annual contribution to the expense of police of 10,0001. up to the lst January, 1896.

It will during the year of 1895 pay 1,000 1. in liquidation of the obligation, which it undertook in 1891, to afford to the Commissioner the use, free of charge, for administrative purposes , of the steamers on the lake belonging to the African Lakes Company.

3. The outstanding accounts between the Company and the Protectorate will be regulated by the accountants of the Foreign office with those of the Company , on the basis that the Company is liable only for the annual police contribution of 10,0001., for 5,0001. given in 1891 for expenscs connected with raising and organizing the police force , for expenditure in connection with steam transport on the lake for administrative purposes, and for amounts which can be shown to have been expended for the benefit of, or on account of, the Chartered territory as distinct from the Protectorate.

4. It having been explained that Mr. Rhodes voluntarily authorized Her Majesty's Commissioner to spend on bis behalf a maximum sum of 10,0001. for the opérations against Makanjira, it is agreed that the sum actually expended on that account shall be ascertained by the above mentioned accountants , and that the balance , if any , of the total amount of 10,0001. if the whole amount shall be shown to have been drawn by the Commissioner, shall be repaid to Mr. Rhodes.

5. The Treaties made on behalf of the Company in the Chartered territory will be sanctioned , on the condition that no provisions in them will be confirmed which may conflict with the prohibition against monopolies contained in the Charter , and with the stipulations of the Act of Berlin in so far as they are applicable to the Chartered territory.

It is understood that this sanction is without préjudice to certain claims based on Concessions said to have been obtained by M. Wiese, should the validity of such Concessions be hereafter established.

6. The mining rights in the territory described as Marimba in the Commissioner's pnblished map, purchased by the Company from the African Lakes Company, will be confirmed , subject to the terms accepted by the agent of the latter Company.

In the territory described in the above - mentioned map as Central Angoniland, the mining rights claimed by the Company will be confirmed, subject to the terms accepted by the agent of the African Lakes Company.

Thèse confirmations will not include sanction of administrative powers, monopolies , nor the right to prevent the acquirement of land by settlers.

7. The claim of the Company to land and minerais acquired from the African Lakes Company by purchase in the territory described in the Commissioner's map as North Nyasa , will be examined when the titles obtained by the latter Company from the native Chiefs are produced foiinvestigation.

8. It being necessary that the frontier between Lakes Nyasa and

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Tanganyika should be watched in order to prevent aggression by the natives on German territory, and the introduction of arms and ammunition in contravention of the prohibition which has been imposed, the Company agress to take the requisite steps for guarding that frontier.

9. Customs arrangements between the Protectorate and the Charterer territory which expérience may make it désirable to adopt for the purposes of the exécution of the Berlin and Brussels Acts , or for fiscal reasons, will be subject to the approval of the Secretary of State.

The Company undertakes to provide Customs posts , and to make suitable arrangements for insuring the proper observance, and preventing abuse, of the stipulations as to free transit in favour of countries adopting the Free Zone System of the Act of Berlin.

(Signed) H. Percy Anderson.

(For the British South Africa Company),

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