divides the waters which fall into the Kat River above Fort Beaufort from those which fall into the said river below the said fort; keeping this ridge until it joins the first rivulet below the said fort, as marked in the said map, and thence the said rivulet itself to its junction with the said Kat River, and thence the course of the Kat River to its junction with the Great Fish River, and thence the latter river to its mouth.

IX. No Kafir, armed or unarmed, single or in number, male or female, shall be allowed to cross the boundary line particularized in the foregoing Article VIII, westward, and no British subject, armed or unarmed, single or in number, shall be allowed to cross the same eastward, except with permission, and under the restriction hereinafter to be specified in Articles XIV and XXI, save and except the military parties or escorts communicating with and between the posts mentioned in Article VII of this Treaty.

X. The said contracting chiefs shall, when called upon by the said Lieutenant-Governor, and previous to the occupation of any part of the territory thus granted to them, with the concurrence of the said Lieutenant-Governor, or person appointed by him, fix upon certain points in their said territory, as near to the said boundary line particularized in Article VIII, and to each other, as convenient, at each of which they shall station a chief or responsible man of the tribe, to be called, for the sake of distinction, "pakati," to reside there, and to act as a guard.

It shall be the duty of such amapakati to keep a good and constant understanding with the commanding officer of the military post on the colonial side of the said boundary which shall be nearest to their said residencies, and to do every thing in their power to prevent inroads or aggressions either on the part of the colonists against the Kafirs, or of the Kafirs against the colonists.

The amapakati who shall be so stationed, must, by the said contracting chiefs, be made known, by name, to the officer commanding the military posts nearest to such station, and any change, either of person or station, which may take place with reference to the said amapakati, must be previously communicated to the said officer.

The amapakati shall be responsible to their own chiefs, who will see the necessity of selecting for such stations trustworthy men, and to punish every neglect, fraud, or deception, which they may commit, as the said contracting chiefs hereby pledge themselves to do.

XI. The said Lieutenant-Governor engages, on the part of His said Majesty, to place one or more agent or agents to reside in convenient situations near the residence of some of the principal chiefs, which agents shall act solely in a diplomatic capacity; and the said contracting chiefs bind themselves to respect such agents as the

representatives of the British Government, and to protect their persons, families, and properties, to the utmost of their power, and to leave them full liberty of ingress and egress through their (the chiefs') territory, or across the boundary into the colony, at all times, without the least molestation or hindrance.

XII. All representations, complaints, or applications, which may be made on the part of the colonists or their Government, to or against the Kafirs, or on the part of the Kafirs, to or against the colonists or their Government, shall be made through the said diplomatic agent, or agents, who shall be bound to observe the strictest impartiality and justice, and to exert their utmost abilities to promote the peace and prosperity of the colonists, as well as of the Kafirs, to maintain the rights of both parties inviolate, and to cause the provisions of this Treaty to be strictly observed.

XIII. The said contracting chiefs bind themselves to afford free access to the said agents to all persons from the colony, provided with such passes as shall be hereinafter specified. They also agree that Kafirs may be engaged by the Colonial Government, and stationed at the military posts as policemen, and pledge themselves that they, or any others employed as such policemen, shall have free access into their territory, either with messages, or in tracing out, with the assistance of the amapakati, depredations, or such criminals as shall have committed crimes in, and escaped from, the colony, promising also to give them, and cause them to receive, in their said territory, every assistance and protection.

XIV. Any British subject, desirous of crossing the boundary into the territory inhabited by the Kafirs, with the view of communicating with one of the agents, shall be bound to obtain a pass from the officer commanding the post nearest to the spot where he wishes to cross the boundary: the officer shall send a messenger with him to the pakati who may be stationed nearest to the said spot, according to the provisions in the Xth Article of this Treaty, which pakati shail be bound to cause such person to be safely conducted to the station of the resident agent with whom he intends to communicate; but no person, so entering such territory, shall be at liberty to go with firearms, or other weapons of offence or defence, except with the consent of the said amapakati or of a chief.

XV. From the provisions of the foregoing Article XIV, are to be excluded all those who shall belong to any of the military posts, or to the escorts conducting the supplies, or keeping open the communication, as mentioned in Article VII of this Treaty, all which persons shall be strictly under military control, and on no account be allowed to do that which any soldier of such escort would not be allowed to do. Provided, also, that the free communication between

the Kat and Konappe Rivers, and the Tambookie country, or the Shiloh missionary institution, through the now uninhabited country west and northwest of the Luheri, continue uninterrupted as hitherto.

XVI. Any British subject entering the said territory under any other circumstances than those mentioned in the 2 foregoing Articles, can do so only with the consent of the Kafirs themselves, and at their own risk. And the said contracting chiefs, and those acting under their authority, shall be fully authorized to send out of the said territory those who shall so enter the same without their consent; and it is hereby clearly understood that all persons who shall enter the said territory (save and except such as are excepted in the foregoing XVth Article) shall be, and are considered to be, subject to the laws of the Kafirs, as long as they remain in the said territory.

XVII. Such British subjects as shall obtain licences to trade beyond the said boundary, shall not be allowed to enter the said territory without the consent of the said contracting chiefs, who, however, pledge themselves and promise to encourage trade and commerce to the utmost of their power, and to protect and encourage those traders whom they shall permit to enter their territory, as long as they conduct themselves orderly and lawfully, with all their means and authority, to cause their persons, families, and property to be respected and inviolate, never to allow any of them, or any other British subject in the said territory, to be prosecuted, fined, or in any way made to suffer by any proceeding or custom connected with witchcraft; but on the contrary, to give such British subjects at all times free access to the British agents, and to pay due attention to the representations of such agents, as well as to give satisfaction and redress upon their just remonstrances or complaints; but the said agents shall not be bound or permitted to extend their interference or protection in case of any seizure, to whatever extent, made upon the property of any British trader, or other person among the Kafirs, who shall be proved to them to have imported into the territory occcupied by the Kafirs such articles as are by the laws of the colony forbidden to be carried for sale across the frontier.

XVIII. The said contracting chiefs do also promise and agree to allow free access to all British vessels, to any harbour or port of the coast, not only for the purposes of trade, but also for the landing of military stores or supplies, and for the conducting and conveying of the same to any military post on the frontier, accompanied, if necessary, by military escorts, without, however, conceding the right of constructing forts, or other military works, or maintaining a garrison at such harbour or port. And the said chiefs do also promise, in case of any shipwreck on the said coast, to give full protection and safe conduct to the nearest military post, to all persons and property

saved, as also to give every assistance towards such saving of life and property.

XIX. Every British subject who shall be charged with any crime or offence in the said territory, other than against person or property, shall have the right to demand that, previous to his trial, notice of such trial shall be given to the nearest of the said agents, who shall be at liberty, if he see fit, to attend at such trial, and to speak or plead in behalf of the accused, if he shall find cause to do so; and due weight shall be given to the opinion of such agent, as promised and agreed on in the XVIIth Article of this Treaty.

XX. If any British subject commit a crime or offence in the said territory of the said Contracting Chiefs, and escape out of the same across the said boundary, the said agents shall exert themselves to obtain satisfaction for the aggrieved party, by means of the British Courts, and in every respect exert themselves with as much zeal for the Kafir, who may thus be wronged by a British subject, as he is bound to do in behalf of the British subject who may be aggrieved by a Kafir.

XXI. Any Kafir, or other native residing among the Kafirs, who shall be desirous of crossing the boundary into the territory inhabited by the colonists, shall be obliged to do so unarmed, and shall be bound to obtain a pass from one of the British agents residing among the Kafirs. Such pass shall be explicit, in the English and Dutch languages, specifying the name of the applicant, the place of his destination, the object of his visit, the number of days he may be absent, and the date when granted.

No pass shall be so granted, except at the request of, or upon the production of an understood token of a respectable Chief, who will engage to be responsible for the conduct of the applicant during his stay in the colony; and it must be clearly explained to such applicant that such pass will not protect him, if he deviate from the road to the place of his destination, or go armed, or skulk in retired places, or exceed the period specified in the pass, or travel with others of his nation who are not provided with passes: in either of which cases he shall be dealt with as if he had no such pass. The agent shall grant no pass if he has the least suspicion of the motives of the applicant's visit to the colony, nor unless he has reasonable cause for such a visit.

Visits on the part of idlers are, for the sake of the colony as well as the Kafirs, to be by no means encouraged. The agent shall refuse them, and he shall also keep an accurate register of such passes as he shall grant,-of the names of the Chiefs at whose request they are granted, which names must also be stated upon the All Kafirs or others actually in the employ of agents, missionaries, or traders, will, however, be allowed to enter the colony with passes

passes.

from such employers, provided such passes clearly state the names of such servants, their destination, and the time for how long they are to be in the colony.

XXII. All Kafirs found without such passes to the westward of the said boundary shall, for the first time, be immediately sent across the frontier, and delivered over to the nearest of the amapakati mentioned in Article X of this Treaty, who shall be bound to punish them, or cause them to be sent to the chiefs, who hereby pledge themselves to use every endeavour, and to cause laws and punishments to be established, for the purpose of preventing such encroachments upon the colonial territory. And any Kafir found so offending for the second time shall be punished according to the laws already established, or to be hereafter established, for the punishment of such offences.

XXIII. Any Kafir found in the act of committing any crime or depredation within the said boundary, shall be dealt with according to the laws of the colony, and it is to be clearly understood, that in case of resistance or attempt at flight, on the part of such criminals and depredators, it is perfectly legal to fire upon them, or otherwise to disable or kill them, if they cannot in any other way be secured, or prevented from completing such crime. But if such criminals or depredators, being pursued upon the spoor, be not overtaken before they shall have crossed the line occupied by the said amapakati, the course agreed upon in the following Article shall be adopted for the apprehension of such criminals or depredators, or the recovery of property carried off by them;-and on no occasion whatever shall any patrol or armed party of any description be allowed to cross the said line, so occupied, for the said purpose.

XXIV. If any person being in the pursuit of criminals or depredators, or property stolen by them, shall not overtake or recover the same before he shall reach the said line, (provided he can make oath that he traced the said criminals, depredators, or property across a particular line, that the property when stolen, was properly guarded, and in case of cattle, horses, or the like, that they were so guarded by an armed herdsman, that the pursuit was commenced immediately after such property was stolen, that if the robbery was committed during the night, the property had been, when stolen, properly secured in kraals, stables, or the like, and that the pursuit in that case was commenced, at latest, early next morning), such person shall be at liberty to proceed direct to the pakati living nearest the spot where he can swear such traces to have crossed the said line, which pakati shall be bound at once to receive the statement, examine the traces, and if the statement appear well founded, use his utmost endeavour to recover the stolen property, as well as the perpetrators pursued ; and it will be at the option of the party pursuing to continue the search