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that his property has been taken across the boundary, he shall be at liberty to proceed across the said line in search of the same, provided he sends notice to the pakati of his intention, and does not go armed, or accompanied by armed British subjects, or assist in any violence of any kind in such territory; and in the event of his being able to identify his property, upon sufficient proof of the correctness of his statement being adduced, the agent shall demand from the chief in whose territory the property is thus discovered and identified, restitution of the same, and the said chief shall likewise cause the party in whose possession the said property was found to pay such amount of damages as shall be considered equitable by the agent and chief.
The said chiefs do further bind and oblige themselves, that in the event of information being given to them that a murder has been committed in the colony, and the murderer has escaped beyond the boundary, they will use every exertion to apprehend and deliver the said murderer to justice, and also to afford to the Government every information with respect to the chiefs of other tribes, who may harbour in their country the murderers of colonial subjects.
And lastly, the said chiefs do further agree that the above alterations made in the Treaty, as well as the clauses which have been now appended thereto, shall have as much force and effect as if they had been embodied in the said Treaty itself.
Thus done and agreed, sealed and signed by his Excellency Major-General Sir George Thomas Napier, K.C.B., Governor of the Cape of Good Hope, on the part of Her Britannic Majesty, and by the subscribing chiefs, on the part of the said tribe of Gaika, before the undersigned witnesses at Block Drift (Tyumie), the 2nd day of December, 1840. SANDILLA, his mark.
GEO. NAPIER, Governor. MOGOMO,
J. Hare, Lieutenant-Governor. TYALI,
C. LENNOX STRETCH, J.P. and Dip. Agent. BOTMAN,
T. SHEPSTONE, Dip. Agent, Slambie Tribes. Q'ENO,
H. F. Fynn, Dip. Agent, Tambookie Tribe. )L.S.) TZHATSHU, (L.S.) JAN TZATZOE,
Marks of Amapakati :
TYALA. Ko Ko. CINISWA. Quana.
UMPI. MADUMA. BANGELA.
Vena. TOLA. κ MAI.YOBENA.
14.-PROCLAMATION of the Governor of the Cape of Good Hope,
amending the Treaty with the Fingo Chiefs of December 10, 1836,
Graham's Town, Junuary 23, 1841. Proclamation by his Excellency Major-General Sir George Napier,
K.C.B., Governor and Commander-in-Chief of Her Majesty's Castle, Town, and Settlement of the Cape of Good Hope, in South Africa, and of the Territories and Dependencies thereof, and Ordinary and Vice-Admiral of the same, commanding the Forces, fc.
WHEREAS a certain Treaty of Peace and Amity was entered into at Fort Peddie on the 10th day of December, in the year of our Lord 1836,* between Andries Stockenstrom, Esquire, LieutenantGovernor of the Eastern Division of this colony, duly qualified, on the part of His Britannic Majesty on the one side, and the Fingo chiefs Umklanbiso and Jokwani on the other side :
And, whereas, I have deemed it expedient, with the concurrence of the chiefs Umklambiso and Jokwani, to alter and amend certain provisions of the XIIth, XIXth, XXth, and XXIst Articles of the said Treaty, and having met the said 2 chiefs at Fort Peddie on the 29th day of December, 1840, for the purpose aforesaid ; it has been finally agreed that the above-named 4 Articles of the aforesaid Treaty shall be altered and amended. And also that the clauses appended thereto shall have the same force and effect as if they had been embodied in the Treaty itself; provided nothing therein contained be construed to alter any part of the said Treaty, save and except the aforesaid 4 Articles.
And I hereby make known that the XIIth, XIXth, XXth and XX Ist Articles of the aforesaid Treaty have been altered and amended accordingly, and that the clauses appended thereto have been agreed upon, with the full and free consent of all the subscribing parties, and are herewith published for general information.
God save the Queen! Given under my hand and seal at Graham's Town, this 23rd day of January, 1841.
GEO, NAPIER, Gorernor.
XII. Any British subject entering the said territory under any other circumstances than those mentioned in the 2 foregoing Articles, or in the pursuit of stolen cattle, can do so only with the consent of the Fingoes themselves, and at their own risk. And the said con. tracting chiefs, and those acting under their authority, shall be fully
* Page 1036.
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 Article) shall be, and are considered to be, subject to the laws of the Fingoes as long as they remain in the said territory.
XIX. 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 the said boundary line, that the property when stolen was properly guarded, and in case of cattle, horses, or the like, that they were tended by a herdsman, that the pursuit was commenced within a reasonable time 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 next day), 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 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 at once, under the guidance of the said pakati, provided he do not go armed, or accompanied by armed British subjects, or assist in any violence of any kind within the said territory. If the party pursuing shall thus, with the assistance of the said pakati, or with that of the police, to be hereafter named, recover the property pursued, he shall be at liberty to proceed with the same, either to one of the said agents, or to one of the military posts, most convenient to himself, in order to make before such agent or officer commanding such post a statement of his proceedings, and the quantity and nature of the property recovered, which statement he shall be liable at all times to be called upon to make oath to; after making which statement he shall be at liberty to carry off the said property, leaving the said pakati or police to pursue the criminal, and to recover compensation for their exertions, by means of the chiefs concerned, and their councils, according to the usage of the tribe, and the said contracting chiefs do hereby bind themselves in all cases in which their tribe is concerned, to exert themselves to cause the criminals to be apprehended and punished, as well as on all occasions to cause the said chiefs and policemen to be equitably rewarded for their exertions.
XX. If, howerer, a party pursuing stolen property and depredators, in the manner specified in the foregoing Article, shall deem it more safe, or convenient, or expeditious, to proceed to the nearest military
post, he shall be at liberty to do so. The officer commanding such post shall provide such party with a pakati or a policeman, who shall accompany such pursuing party to the spot where the said traces cross the said line, and examine the same with the assistance of the said pakati, whose presence must be obtained. He, the said pursuer, shall then, if he do not think fit or safe to follow the spoor further, or, having so followed the same, prove unsuccessful, proceed to the resident agent for the chiefs into whose territory the criminals and property were traced, and, before the said agent, lodge his complaint upon oath, and, in case of lost property, swear particularly to the circumstances stated in the said foregoing Article, and also the exact value of the property stolen, and not recovered. As soon as such affidavit shall be made, the said agent shall, if he have no reason to discredit the same (he being at all times at liberty to demand further proof, and it also being the bounden duty of the party complaining to produce good and sufficient proof), to lay the case before the chiefs of the territory into which the criminals and property were traced. And the said chiefs hereby engage to call a council, and to enter into the strictest investigation, to cause the stolen property to be recovered, if possible, and the perpetrators puuished. And in the event of the property and perpetrators being thus discovered, the said chiefs shall demand or take from such depredators restitution of or compensation for the said property, together with such amount of damages as the said agent shall assess as a reasonable allowance to the party plundered, for the injury done to his property. And the said chiefs do further pledge themselves and engage, that if, at the end of one month after the case shall have been laid before them, the said perpetrators or property shall not have been discovered, and if it shall, nevertheless, have been clearly proved, before them and their said council, by the eridence of the said pursuer, pakati, or policeman, or other proof, that the property was traced into their territory, he, the said chief, shall within 14 days thereafter, indemnify the person robbed to the full ralue of the property lost, and no more, and compensate the said pakati and police for their exertions.
XXI. With the exception of indemnification, obtained through the said chiefs and council in the manner specified in the foregoing or appended Articles, no person pursuing cattle or stolen property shall be allowed to take away any but his own property, or the identical property he is in pursuit of, unless tendered to him, on pain of having to restore the property so taken, and losing all further claim to the property actually lost.
Further : the said contracting chiefs do hereby agree, that if any person in the pursuit of stolen property shall be unable or unwilling to make the affidavit above mentioned, but if, notwithstanding, he has good and sufficient reason to believe that his property has been taken
across the said line, he shall, after having sent information of his intention to the pakati stationed nearest the spot where he means to cross the boundary, be at liberty to proceed at once in pursuit of the same, provided he do not go armed, or accompanied by armed British subjects, or assist in any violence of any kind within said territory; and the pakati shall in all such cases be bound to afford every assistance to the party pursuing; and in the event of his tracing the said property or depredators to a responsible party or kraal, he shall then proceed to the diplomatic agent of the tribe to which the said kraal belongs, to whom he shall make a statement of his proceedings, and if the
agent shall be satisfied that sufficient proof has been adduced, he shall immediately lay the case before the captain of the kraal, who shall cause restitution of the property to be made, if possible, or compensation to be awarded for the same; and in the event of the captain of the kraal being unable or unwilling to make restitution or compensation, the said agent shall lay the case before the contracting chief in whose territory the kraal is situated, who shall cause restitution of or compensation for the said property to be made. And the said chiefs do hereby engage, in all such cases, to punish the depredators, if discovered, or in the event of such discovery not being made, to punish the captain of the kraal to which such depredators were traced.
Further : if any person shall not be able to comply with the regula lations above set forth, but nevertheless shall have ascertained that his property has been taken across the boundary, he shall be at liberty to proceed across the said line in search of the same, provided he sends notice to the pakati of his intention, and does not go armed or accompanied by armed British subjects, or assist in any violence of any kind in such territory; and in the event of his being able to identify his property, upon sufficient proof of the correctness of his statement being adduced, the agent shall demand from the chief in whose territory the property is thus discovered and identified, restitution of the same, and the said chief shall likewise cause the party in whose possession the said property was found, to pay such amount of damages as shall be considered equitable by the agent and chief.
The said chiefs do further bind and oblige themselves that in the event of information being given to them, that a murder has been committed in the colony, and the murderer has escaped beyond the boundary, they will use every exertion to apprehend and deliver the said murderer to justice, and also to afford to the Government every information with respect to the chiefs of the other tribes who may harbour in their country the murderers of colonial subjects.
And lastly, the said chiefs do further agree that the above alterations made in the Treaty, as well as the clauses which have been now