Report and Proceedings: With Appendices of the Government Commission on Native Laws and Customs. Presented to Both Houses of Parliament by His Excellency the Governor, January, 1883

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W.A. Richards and sons, government printers, 1883 - Cape of Good Hope (South Africa) - 1178 pages
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Contents

W Girdwood Esq Resident Magistrate Tsonio Transkei
21
Thos A King Esq Resident Magistrate Nqamakwe
22
Mass of them in locations on the Frontier still under their own traditional laws
23
Suggested mode of revision with view to rectify defects or omissions
24
Unwise to negotiate with Chiefs for surrender of their rights at present time
25
Spoorlaw limited to thefts of stock only
26
Separation and compensation for injury
27
usages
28
63 Delivery of dowry cattle ikazi
29
Objections to the nature of the contract 65 Supposition that woman is reduced to condition of slave 66 History of the custom 67 What the payment o...
30
Difficulties surrounding the subject 73 Conclusions and recommendations of the Commission
31
Effect of proposed Regulations
32
Divided opinion as to wisdom or necessity of such caurse 77 Original element of the custom a provision for wife or widow under certain cir cumstan...
33
Institutions rooted in social and national life of a people not easily overthrown
34
Reasons for these views 85 Various proposals suggested
35
A T Windham Esq Acting Judge Native nigh Court Natal
36
W Macfarlane Esq Natal
37
Hon J W Akerman Speaker of Legislative Council Natal
38
Native system of Inheritance according to the rule of primogeniture
39
Rev John Mackenzie Kuruman
40
Dr Thoophilus Halin Grey Library Cape Town
41
Letter of Rev A Kropf Dohne Mission Station on Gaika customs
42
Establishment of Recorders Court for the Territories
45
Inspection of Native Locations in the Colony
52
86 The Natal system of official witnesses and registration with limitation of dowry
86
Compulsory registration
87
Penalty in shape of fine on husbands not registering and after a time only first wife recognized 36
88
Direct penalties at present time unwise
89
The Commissions conclusions and recommendations as applied to Natives within the Colony and with some modifications to those in the Territories
90
Registration to be aimed
91
Regulations in respect of Native Marriages c in
107
Ukulobola
122
Regulations in respect of Native Marriages c within
iii
APPENDIX DREPLIES TO CIRCULAR ADDRESSED TO CHIEF MAGISTRATES AND MAGISTRATES OF DISTRICTS Vide Circular No 2 at pa...
xviii
APPENDIX H NATIVE EDUCATIONLetter and Memorandum by
xl
52
By Capt Blyth O M G Transkei
1
T A King Esq Nqamakwe
2
W Girdwood Esq Tsomo
3
4 M B Shaw Esq Kentam
4
F N Streatfield Esq Willow Valo
5
Major Elliot C M G Tembuland
6
A H Stanford Esq Umtata
7
C F Blakoway Esq Mquanduli
8
R II Stanford Esq St Marks
9
C J Levey Esq Southeyville
10
J W Morris Esq Engcobo
11
W G Cumming Esq Xalanga
12
J W Connor Esq Bomvannland
13
R Fielding Esq Middledrift
22
C H Driver Esq Lady Frere
23
In Transkei Griqualand and Tembuland many cases adjudicated according to Native Law Covenant with Tembu Chiefs giving them power and auth...
25
Inquiry as to Native Laws and customs now existing and acknowledged
26
Mode of pursuing enquiry
27
Commissions conclusion that it is inexpedient wholly to supersede Native system
28
Permissive registration at present and recognition of all legal rights created 37
37
Liquor Traffic in the Colony proper 49
49
3
69
Continue to recognise native marriage in Colony whether registered or not for five years recognise only first wife married after that time
93
Thus secure legal status of first wife and devolution of unapportioned property to her eldest son as heir
94
Informal dissolutions recognised in so far as that children will not be prejudiced
95
E Bartholomew ditto Peddie 8 M C W Barker ditto Peddie
124
Rev J A Chalmers 129
129
Griqualand West Orange Free
132
9
144
B Green ditto Victoria East 10 L Vincent ditto Victoria East
169
11
189
Dorrington ditto King Williams Town
190
12
311
Evidence of 0 H Driver Esq
324
13
336
PAGE
431
Cetywayo exKing of the Zulus
517
153
524
175
525
182 189 196 204 208 210
526
218
527
258
528
288
529
299
530
Index and Analysis of Minutes of Evidence
535
305 309 312 313 314 315 318 320 321
536
403
538
By S Barrett Native Location Albany 326 328 329 330 332 332 333 334 335 336
541
338
554
340
557
APPENDICES TO EEPOET
1
by Colonial Law in its entirety and Special Code and Regulations suggested 20
20
NATIVE LAWS AND CU8TOM8 OF THE BASUTOS 22
22
Evidence as to necessity for Criminal Code and concurrence of opinion of Chief Magistrates as to its suitableness to the requirements of the Territories
30
Source of existing Native
31
Basis of proposed Code
33
Injuries to property and thefts 22
35
Undesirable to codify Native Criminal Law and Practice 23
37
Draft Penal Code adopts general principles of Colonial and retains some provisions familiar to Native Law commending themselves as proper for the ...
38
The work of codification
39
APPENDIX 0 REPLIES TO GENERAL CIRCULAR ON LAWS
41
Grounds for recommending its repeal
134

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