c V GOLD COAST.-- REPORT ON THE LEGISLArrION GOVERNING THE ALIENATION OF NATIVE LANDS IN THE GOLD COAST COLONY AND ASH_ANTI; With some observations on the" Forest Ordinance," 1911, BY H. CONWAY BELFIELD, C.M.G., r British Hesident, Perak, Federated Malay States. Pr~s~nt~d to botb Hous~s of Parliam~nt by Command of His maj~sty. July, 1912. LONDON: PUBLISHED BY HIS MAJESTY'S STATIONERY OF:FICE. To be purchased, either directly or through any Bookseller, from AND SONS, LTD., FETTER L.L"E, E.C., and 32, ADINGDON STREET, S.W.; or OLIVER AND BOYD, TWEEDDALE COURT, EDIN1lURGII' or PONSONBY. LTD., 116, GRAFTON STREET, DUBLI;'. PRINTED BY _~Jt1U AND SON, LTD., BACON STREET, E. 1912. , CONTENTS. PAGEl. Itinerary 3 PART 1. Remarks on the tenure and disposition of land 7 PART II. Observations on the Concessions Ordinances and on the procedure thereunder 15 PART III. Alterations in the existing law and procedure recommended for consideration 22 PART IV. 'The Forest Ordinance 37 ApPENDICES. A. Notes of evidence relating to Parts 1. and II. (Gold Coast) 42 B. Notes of evidence relating to Parts 1. and II. (Ashanti) 85 c. Notes of evidence relating to Part IV. 98 ( REPORT TO THE SEORETARY OF STATE FOR THE OOLONIES ON THE LEGISLATION GOVERNING THE ALIENATION OF NATIVE LANDS IN THE GOLD COAST AND ASHANTI. ITINERARY. 1. I left Liverpool on January 31st by the s.s. "Burutu," and, after en- countering rough weather which caused prolongation of the voyage by an additional day, arrived in Accra on February 16th, and proceeded to Government House, where I was cordially received and hospitably entertained by His Excellency the Governor. 2. Amongst the passengers on board was Captain Armitage, C.M.G., D.S.O., Chief Commissioner of the Northern Territories, who was good enough to give evidence to me upon matters relating to Ashanti, with which he had become familiar during tenure of office in that country. I was thus fortunately made acquainted with the views of an officer of great local experience, with whom I could not otherwise have been brought into touch. 3. During the ensuing week I was occupied in the first instance with the preparations necessarily precedent to the opening of my inquiry, and in conferring with His Excellency and tpe Hon. Colonial Secretary upon various points relating thereto. I had also the advantage of perusing a series of papers dealing with matters of land administration which it was considered. desirable that I should see. His Excellency having made arrangements to leave Accra on an extended tour in the Northern Territories on February 23rd, I left Government House on the pre- ceding day, having accepted the kind invitation of the Colonial Secretary and Mrs. Bryan to make th.eir house my headquarters during the remainder of my stay in the station. 4. I opened my inquiry on February 19th and took evidence from the following officials and gentlemen resident in Accra:- The Hon. the Colonial Secretary, Major Bryan, C.M.G. The Hon. the Attorney-General, Mr. Hudson, K.C. The Registrar of the Supreme Court, Mr. White. The Director of Surveys, Captain Lees, R.E. The Secretary for Native Affairs, Mr. Crowther. The Hon. Mr. Hutton Mills, M.L.C., Barrister-at-Law. Mr. Dove, Barrister-at-Law. Mr. Bannerman, Barrister-at-Law. Chief Mate Kole, M.L.C. T~is, the first part of my work, was concluded on February 29th, and on the folloWIng day, March 1st, I proceeded to Cape Coast by the s.s. " Mandingo." 5. Arriving at Cape Coast on March 2nd, I was received by the Provincial Com~issioner, Mr. Furley, and provided with accommodation at his quarters. HaVIng le~rnt at Accra by telegram that the chiefs of this province were desirous of pres~ntIng the~selves In a body on the subject of the Forest Ordinance, I put myself In touch wlth the representatives of the Aborigines Protection Society on the morning of my arrival. From these gentlemen I learnt that arrangements had been ~ade for a ceremonial meeting of the chiefs with myself on the ensuing Monday mornIng, Marc~ 4th, and .that the taking of evidence should be held over until the next day. As. It was. of ~mportance that .the chiefs should have the fullest oppor- of puttIng theIr Vlews before me In any manner and with any formalities appealed to them, I dee~e?- it advisable to concur in the proposals made, liIlClU,Iiw... u~able . to an~lCIJ?ate any results of ~alue f.rom such a meeting, to contmue mvestigatIOns upon my own lInes wlth the least possible the morning of Monday, March 4th, was devoted to a formal and their elders, the officers and representatives of the and myself. Chiefs, or their accredited representa- accompanied by their suites and dependents, and 500 with some 20 of the leading ~_IDt"d of the Castle, each chief and his 4 suite being marshalled in a separate group. I entered the pla~e o~ assemblJ: a?com- panied by the Provincial Commissioner, Mr. Furley, and the DISt!lCt CommIssIOner, Mr. Williams. .r first made a tour of the courtyard and was mtroduced to each chief separately by Mr. Brown, the President of the Ab?rigines Pro~ecti?n Society. Then taking my place at the table allotted to me, the chIefs and theIr smtes passed in rotation and formally greeted me. 7. When all had resumed their places, Mr. Brown rose and addressed me to the following effect:~ " SIR , "THE Amanhin and the Ahinfu of this country and the Gold Coast Aborigines Rights Protection Society here assembled greet you. . " We are grateful to the Right Honourable the Secretary of State for the Colomes for giving us the opportunity of meeting you here to-day on a matter of vital importance to us as a body. " You have before you here the Amanhin of Anamabu and Abura and of Dominasi and the Regent of Cape Coast, whose predecessors were amongst the signatories to the Bond of 1844. Also the Amanhin of Nkusukum, Denkyira, Tufel, Assin Atanesu. Also the Chiefs of Elmina, Chama, Sekdndi, Axim, and others . "You have also before you the Gold Coast Aborigines Rights Protection Society, which has been in existence since 1897, and of which I have the honour to be the President, and most of whose executive members are related to reigning houses in the country. For instance, I am related to a very prominent stool in Gomoa; Mr. T. F . E. Jones, the first Vice-President, is closely related to the paramount stool of Abura; Mr. J. E. Biney, the second Vice-Presiden~t" is Chief of a portion of the fighting men of Abura; Mr. W. Coleman, the third V ice-President, and Mr. Cas ely Hayford, who will address you to-morrow, are both connected with the paramount stool of Cape Coast, and are, in fact , eligible to it. Mr. Barrister Brown, who will also address you to-morrow, is connected with the Abura stool; Mr. J. D. Abraham, our Treasurer, is in his right a big Chief in Nkusukum; and the Rev. Attoh Ahuma, our Secretary, is a Prince of Jamestown, Accra. I might mention such names as Ellis, G~rman, an d others, all connected with reigning houses. " We sincerely trust that your health will be preserved to carry through the important mission entrusted to you by the Right Honourable the. Secretary of State for the Colonies." to which I replied in the terms set out below, my remarks being interpreted to the assembly by Mr. Brown:- CHIEFS, ELDERS, AND GENTLEMEN, I AM extremely gratified to have been afforded this opportunity of meeting you here this morning, and I desire to say that I greatly appreciate the magnitude of this concourse, and the signal manner in which your welcome has been extended to me. I have had, in the course of my official career, some experience of chiefs and headmen and of .!lcative communities in other parts of His Majesty's Empire, and I am therefore in a position to judge by comparison, and to assess the value of the ceremonial that has been prepared for me. You are doubtless aware that the principal object of my mission to the Gold Coast Colony is on the instruction of the Right Honourable the Secretary of State for the Colonies to make inquiries into the system of administration of land as at present prevailing. But in addition to that duty there has been attached a further question which particularly affects the chiefs, elders, and communities of thi.s Province-l refer to the Forest Ordinance. I understand that the wording of that Ordinance has caused fears to arise in the minds of this community lest action might be about to be taken on somewhat similar lines to that proposed in 1897. I have had an opportunity of perusing the memorial addressed by your representatives to His Excellency the Governor, the memorial addressed to the Secretary of State, and finally the memorial sent to the Secretary of State for transmission to His Majesty the King Emperor. So far, therefore, as your views and opinions may be taken to have been incorporated in these documents, to that extent I am now in possession of them. I was, however, informed by the Colonial Office that it was your intention to supplement these memorials by a deputation to London, but that the .secretary of State, in the exercise of his discretion, had decided and caused me to be informed that advice to His Majesty regarding this Ordinance would be held over until he had had opportunity of considering my report on the subject. Now, Chiefs, Elders, and Gentlemen, I have referred to these facts because I wish to impress upon you in the most emphatic manner possible that neither your views nor representations will lose weight because they are being first considered by myself_ Documents in the form of memorials are prepared your re:pr'*len· .ta1ti~~#- deputations to London must be confined to such small of conveniently represent the community as a whole-but I obtaining and recording the views and opinions of.-~~;:~ien;;~~1iC;ii in this Province who m.flY be able to speak from .,. may be desirous of giVIng on the I would venture, if wjtli the ~ll8tance :~4~;~} whose 5 recorded and compiled, and will be laid ~efore, the Colonial Office as. an app.endix to the report which I am instructe.d .to su~mIt. 'I~us every declared pomt of VIew, and every recorded expression of opllllOn, WIll be laId upon .the table of the Secretary ?f State. I hope, Chiefs and Gentlemen, ~hat your ca~e WIll be as fuPy put forward III that manner as if advanced through the mstrumentahty of a deput~hon to London. . Personally I approach the subject with an absolutely open mmd. I hope that III this as in other matters of importance with which I have elsewhere been entrusted. I may deal with it in a thoroughly impartial spirit. It will be my duty to consider equally the advantage of the Colony and the advantage of .i~s inhabitants,. an~ you may take it from me that any reoommendation that I make wIll be such as WIll, m my opinion, tend to such mutual benefit. As the question of the FQrest Ordinance has not yet come up for investigation before me, it is obviously impracticable for me to say more at this stage, and as regards the general subject of my mission-that of land administration-I should explain to you that I have so far only pursued my investigations in and about Accra. Although, therefore, I am at this moment unable to forecast in any way whether it mayor may not be necessary for me to make recommendations of alteration, I think I can go so far as to say, that whatever proposals I may put forward will be such as will, in my opinion, redound to the benefit of the Colony, the benefit of the inhabitants, and the benefit of posterity. Also, I sincerely hope that, in respect of both questions, I shall not leave it open to be said at a later date that any perso1) had something to say to me and that I did not give him ap. opportunity of saying it. Chiefs, Elders, and Gentlemen, I reiterate my thanks for the cordial reception you have given to me, and I hope that in return for the sincerity of your welcome I may be able to do something for your country and yourselves. 8. At the conclusion of the meeting, the officers of the Society, speaking on behalf of the chiefs and elders, requested that I would permit Messrs. Casely Hay- ford and Brown, Barristers-at-Law, to address me the next day on the subject of the Forest Ordinance, adding that these gentlemen were authorised to represent the views of all persons in the Central Province interested in the question. Being desirous of giving the fullest opportunity to the expression of public opinion, I assented to the proposal, the Provincial Commissioner kindly arranging that the meeting should be held in the Supreme Court. 9. On the morning of March 5th, before proceeding to the meeting, the Pro- vincial Commissioner handed me a letter from the Secretary to the Society demanding that my examination of all witnesses should take place in open Court. It was quite in accordance with my expectations that some effort would be made by those responsible for the agitation against the Bill to put obstacles in the way of my interviewing the chiefs privataly and separately; therefore, on arriving at the Court, I made verbal reply to the objection taken, informing the officers of the Socie'ty that I was unable to accede to their wishes , as the inquiry was of a confi- dential nature, and I could not permit the evidence taken to be divulged to the public at any stage of the proceedings. The rest of the day was taken up by Messrs. Casely Hayford and Brown in addressing me on the Forest Ordinance. The text of their speeches, which were somewhat diffuse and reiterative, will be found in Appendix C. 10. On March 6th, I commenced to take evidence from those desirous of acquainting me with their views on the Forest Ordinance, being careful to make it thoroughly understood that I would give a hearing to every person who had opinions to offer. The list of those who attended before me comprised ;- Six representative Chiefs of the Central Province. Mr. J. P. Brown, Pres~dent of. the Aborigines Protection Society. Mr. T. F. E. Jones, VICe-PresIdent of the Aborigines Protection Society. Mr. Attoh Ahuma, Secretary of the Aborigines Protection Society. Mr. Casely Hayford, Barrister-at-Law. Mr. E. J. P. Brown, Barrister-at-Law. ~ also took a statement from Mr. Furley, Provincial Commissioner of the Central Provmoe. completed my inquiry at Cape Coast on the afternoon of Saturday, fortunately able to catch a steamer for Sekondi on the following teRilIU~l'l'l visit Cape 90ast only at ir~egu~ar intervals; consequently lid.",Ah1A uncertamty as to "hen It WIll be possible to leave the was abl~ to proceed without losing any time whatever, WIth less delay than I had anticipated. of Sunday, March 10th, where I was received ~9Silon.~, Mr. Grimshaw. I continued my 6 inquiry on March 11th and following days, obtaining the VIeWS of the under- mentioned officers of the service of the Colony :- The Provincial Commissioner, Mr. Grimshaw. His Honour the Senior Puisne Judge, Mr. Justice Gough. The Acting Solicitor-General, Mr. Adams. The Registrar of the Supreme Court, Mr. Vardon. 12. On Monday, March 18th, I proceeded by railway to the mining district of Tarquah, accompanied by the Provincial Commissioner, who remai?ed ~ith me during my stay there. Arrangements had been made for me to mtervIew the managers of the principal mines in the neighbourhood, and to take evidence from chiefs who had been concerned in the granting of concessions. In the company of the Provincial Commissioner I also visited the Prestea mine, said to be the largest concern of the kind in the district, and reached by a branch railway line of some twenty miles in length from Tarquah. We theFe enjoyed the hospitality of the General Manager, Mr. Homersham, and I took the opportunity to look over the settle- ments provided for the housing 01 the native labour force. The evidence taken at Tarquah included statements made by :- The Manager of the Aboontiakoon mine, Mr. Hay. The Manager of the Tarquah mine, Mr. Newbury. The Manager of tEe Prestea mine, Mr. Homersham. The Manager of the West African Trust mines, Mr. Bray. The Paramount Chief of Bensu. Chief Esselkojo of Bensu. 13. Leaving Tarquah on Monday, March 25th, I proceeded by rail direct to Kumasi, deciding to defer my visit to the mining centre of Obuasi until I had had opportunity of conferring generally on land matters in Ashanti with the Chief Commissioner. Arrangements had been made that the persons to give evidence should attend before me in the fort, and I obtained statements from the Chief Com- missioner, Mr. Fuller, C.M.G.; the Cantonment Magistrate, Mr. Risely Griffith; and four of the principal native chiefs resident in or near Kumasi. The latter, how- ever, were not able to supply much information on the subject of mining concessions, as but little land appears to have been so disposed of in the districts over which they preside. I. also made a fairly exhaustive inspection of the town of Kumasi in company with Mr. Risely Griffith, who is one of the officers entrusted with the duty of organis- ing its conservancy. 14. From Kumasi I returned to Obuasi on April 4th, where I was welcomed by Major Rew, the Provincial Commissioner. In this town and its neighbourhood are concentrated the mines of the Ashanti Goldfields Corporation-it is the only field in Ashanti in which mining operations are being carried on at the present time. In addition to taking evidence from the Provincial Commissioner and the chiefs of Bekwai, Adansi, and Koko fu, I visited the " Justice" mine, which presents some unusual featmes both in formation and in method of development. It consists of a dyke of aurifgrous rock, of which the upper portion . has become partially disinte- grated, and is being worked by open cast methods on the top and sides of a somewhat precipitous hill, the ordinary method of driving being only employed in the lower ground. The town of Obuasi is a settlement of some importance, in which are found a large number of natives who are not employed on any of the mines. It is effectively administered by a Council, of which the Commissioner is Chairman, and the manager of the mines is an ex officio member . . My stay in Obuasi was somewhat prolonged by the occurrence of the Easter holIdays, as I was unable to continue my inquiry on those days. I concluded my work there on Friday, April 12th, and returned on the following day to Sekondi. . 15. I took advantage of my stay at the port to obtain the evidence of Giles Hunt, M.L.C., who was absent from the station on . obtained permission from Mr. Justice Gough to attend dealt with under the Concessions Ordinance, but was tm.1i~~u.Ii.at~y.; indisposition from keeping the appointm.ent. 16. T~ wo:rk of Sekondi :w:'h'ile waiting--'-""""''''''' 7 I returned to Accra on the 24th of April, and left for England by the German mail steamer on the 29th, arriving in London on May 14th. 17. I desire to record my great appreciation of the courtesy aD;d hospital!ty which was extended to me at all the stations which I visited. The assIstance whICh I received from all officers with whom I was brought into contact materially fac~li­ tatOO my work. I am particularly indebted to His Excellency the Governor, to Major Bryan, C.M.G., Deputy Governor, and to the Honourable Giles Hunt, .M.L.C., f.er kindness extended to me in the Colony, and to Mr. Fuller, C.M.G., .ChIef Com~Is­ sioner, and Major Rew, Provincial Commissioner, for a most hospItable r~ceptIOn in Ashanti. The tedium of the journey to and from Kumasi was much relIeved by the kindness of Mr. Morcom, the General Manager of the Railway, who was good enough to grant me the use of his private saloon carriage. PART 1. Remarks on the tenure and disposition of Land. GOLD COAST. 18. A review of the period embracing the last twenty years, during which the value of land in the Central and Western Provinces of the Colony for commercial purposes has been proved by the operations of European capitalists, discloses the existence of some diversity of opinion with respect to its ownership. An effort was ) made in 1897 to establish the right of the Crown to all land in the Colony which was not at that time beneficially occupied, but for reasons to which it is unnecessary to refer here, that contention was eventually abandoned. Since that time the system of land tenure has formed the subject of occasional discussion, but as no authoritative declaration as to the respective rights of the Crown and the people appears to have been made, it seems desirable that I should briefly summarise such facts as I have been able to ascertain relating to the occupation of the land in former days, and express an opinion as to how and in whom those rights are really vested at the present time. 19. In the days prior to the advent of European enterprise in the inland districts, when the operations of white traders were confined to such business as could be carried on from their fortified stations on the coast, the land was of little or no value in the estimation of the people of the country. It is true that the occupation of land was a necessity to them, as they appear to have been dependent for their subsistence upon their crude methods of cultivation, but the area available was so largely. in .excess of their requirements ~hat th~re seems to have been no necessity for apportIOnmg the land amongst the varIOUS tnbes. Gradually, however, as the dis- posi~ion of th~ p~ople ,became less nomadic, and as .they settled down to the occupation of dIfferent dIstncts, It became an understood thmg that the chiefs and members of the tribe ha~ acquired a right of possession in the land which they had for generations been occupymg. 20. The next step no doubt was that the people should look to the chiefs and elders chosen by themselves to administer the land on their behalf, for the purpose of ensuring that each family. should ~btain what was necessary for its own use and sustenance, whereupon the chIefs, havmg allotted such areas as were sufficient to meet the requirements of all divisions of the people, held the remainder in reserve against the further needs of t?e f.ut~re, setting .aside portions of it for religious purposes, and perally controllIng It m the capaCIty of trustees for the tribe. It was doubt- less m ble such manner that what is known as " stool land " came into existence. ~ritJlStanc1iDlg the commun.al princ~ples on which the native system of the unquestlO!lable rIght of every member of the tribe to the land and In the profits accruing from it the result the reserve land by the chiefs and headmen ha's been that themselves the profits arising from such adminis- mass of the peo~le derives from it no advantage allotted portions, and any revenue which is s 22. The fact that in early times the whole of .the la~d in the c?untry was gradu- ally appropriated by, and diviaed among, the. varIOUS trIbes, constitutes ~he foun?a- tion of their claim that every acre of land IS the. property of so~e trIbe, .famIly, or individual. Certainly boundaries were ignored m the pa~t as bemg of no Import- ance, and there is a general inability to describe the~ defin~te~y even at. the pres~nt dity, but the people unquestiona;bly know the apprOXImate lImIts of t~eIr respectI,,:"e territories so far as topographIcal features c~n settle th.em, the. rectItude of theIr claim has been admitted by all who have studIed the subJect durmg the last ten or twelve years, and I find no reason for disputing it. It must, therefo~e, in my opinion, be taken to be established that all land belongs to the people whICh has not been acquired by other parties by spe.?ific process, such. a~ cession, purchase, exchange, or inheritance: consequently sucE. general apprOprIatIOn by the Crown as was COIL- templated by the Land Bill of 1897 is, in my view, out of the question. 23. If the contention of the people be taken to be established, there remains for consideration the question of the extent to which the Crown has acquired rights over land. The only possessions of the Crown in former days were the fortified stations on the coast which had originally been ceded by, or taken from, the neighbour- ing tribes as trading centres. In addition to the forts themselves, the right of the Crown has been recognised as extending to such land in the immediate vicinity of the ramparts as could be covered and protected by the artillery of early days. In addition to the forts and adjacent areas, the Crown has from time to time obtained proprietary rights in various parts of the Colony by purchase, such trans- actions having been effected either by 'negotiation or by compulsory acquisition under the Ordinance framed for that purpose. Lastly, the Crown possesses the inherent right of ultimus hmres to any land for which no other owner can be found, but no case has occurred in which that right has been exerciseable. The only conclusion, therefore, deducible from the above facts is that while the Crown extends its protective authority to all places and persons in the Colony, there is vested in it no right of ownership in any lands save those above mentioned, and any endeavour to extend those rights otherwise than by the legal process of acquisi- tion would amount to a breach of faith with the people. 24. I have indicated above the probable line of evolution by which the tribes came into possession of the lands they at present occupy, and now proceed to describe briefly the principles of tenure which are generally recognised. The land is divided into three classes, stool land, tribal or family land, and individual property. It generally happens that the head of Hie whole district is a paramount chief, and that his district is partitioned into sub-divisions, each of which is administered' by a sub-chief, whose powers over the land in his sub-division are exercised almost inde- pendently of the paramount authority-therefore the following description of the manner in which communal lands are dealt with applies equally whether the ruling authority be the chief of a district or that of a sub-division. . 25 .. ~tooll.and ~s la:nd which is held bythechie~ in present occupancy of the stool, m aSSOCIatIOn WIth hIS elders, as,tr1:lstees for the trIbe. He is vested with authority to allocate portions of it to sucMmembers of the tribe as may be in need of land for cul~i:,"ation, to set .aside s~itable reserves for graveyards and for the performance of relIgIOUS ceremomes, to lIcense the collection of forest proauce and the taking of game, and to lease, sell, or otherwise alienate such portions as may not be required for tribal occupation. He is usually entitled to receive and retain for his own use a small percent~ge of the produce collected or a share of the game snared, but he is expected to dIspose of any revenue resulting from the alienation of stool land for purposes which w.ill mainta~n the dignity of the stool, such as the purchase and main- tena!lCe of regalIa, and dIscliarge of the expenses attendant on periodical cere- momals. '26. The conditions regulating the tenure of tribal land do not maT ..... '" ,.,'" from those appertaining to stool land. Tribal lands appear to be those for reasons p.ot thoroughly elucidated, been disassociated from the occupant of the stool, and are administered by the elders of the tribe similar to those above described. It is not easy to " ........... .DT1ITT between these tribal lands and the sub-divisions adJ~~i;erEl,(J?~ inasm1l:oh as the general scheme'of contrOl and r~POl~s~billiiiY 9 it is not necessary to do more than draw attention to the fact that the native mind recognises a distinction between the two classes. 27. Individual ownership of land has never been co~on i~ the count~y dis- tricts, and where it occurs is traceable either to purchase or mhentance. It ~s now most commonly found in, and in the neighbourho~d of, towns, and gener~lly I~ the form of a house and its appurtenant grounds, acqUIred by purchase for resIde~tIal or commercial purposes .. It has attained prominence. as a sys~em ?f tenure only.m con- sequence of the reqUIrements of trade, and havmg nothmg m c?mmon ":'Ith the communal system, which is the subject of consideration here, it reqUlr~s mentIOn only because it occupies a place in the classification of land which is recogmsed throughout the country. 28. In addition to these classes of land, mention is sometimes made of family land. This may be land which is the property of the family of ~he. chi~f, in which case during the occupancy of the stool by a member of tha.t famIly: I~ wIll pro?ably be incorporated with the stool land--or for the same reason It may slmllarly be mc?r- porated with tribal land-but if no member of the family occupies a representatIve position in the tribe, it must be administered by the head of the family for the benefit of its members in exactly the same way as stool and tribal lands are dealt with for the benefit of the community at large. 29. When the resources of the country began to attract the attention of Euro- pean miners and capitalists, and the chiefs were approached with requests that they would alienate land for industrial purposes, in respect of which substantial sums woula be paid, they were quick to recognise the advantage which would accrue to· themselves from the exercise of their right of disposition of the stool land. Their sense of obligation to the tribe in respect of their trusteeship was frequently obscured by their greed for money, and some cases have certainly occurred where the proceeds. of concessions granted have been misappropriated to their own personal use. Such fraudulent action has, however, been invariably resented by the tribe, and has resulted in the removal of the offender from the stool. . I As a general rule, therefore, and particularly in later years, the chiefs who have granted concessions have been careful to effect the distribution of the proceeds in a manner conformable to the rules of the tribe, but the fact nevertheless remains that in consequence of their own ignorance, and the reluctance of the tribe to press their elders unduly, concessions have been granted upon terms which are unfavourable to the people. 30. This is particularly noticeable when inquiry is made concerning the areas granted. The chiefs and their advisers have no idea, even at the present time, what extent of country is contained in a given number of square miles. They always imagine that what they are granting is a mere fraction of the area which they actually dispose of. Perception of the actual state of affairs does not dawn on them until survey has been effected and the matter has gone too far for alteration. I have ~een told by almost every duef who has granted a concession, that if he had known the extent of the country which was being sought from him, he would have refused to concede all that was askea for. 3l. Ignorance of area and uncertainty regarding inter-tribal boundaries are the causes which are responsible for the occasi6nal granting of overlapping con- cessions. Either the grantor imagines that he has alienated to A less land than he has actually parted with, and then proceeds to give to B a block which overlaps the concession to A, or the chiefs of contiguous territories, having uncertain knowledge of their common boundary, grant rights to different persons over land beyond the confines of their respective tribal possessions. I nave heard nothing to warrant 8.SSIUDllDtllon that any chief has knowingly granted the same piece of land to two dfi_~!t jller~lon:s, and where such complications have arisen, I incline to the view fault of the grantees themselves, who have not taken the trouble witli full particulars regarding the situation and extent of the. to acqUIre. which has been furnished to me determines with as near an reasonably be expected, the manner in which it is the sums paid to him in respect of concessions. He with the cognisance of his elders, and it behoves B 10 him to divide it into three parts-one ~f whic~ is retained.by himself, one goes to his stool, and one to fiis elders. The po~tlOn whIch g?es to ~lmself may.be expended on the sustenance and adornment of hImself and hIS famIly-on the Impro:r.ement ~r development of his family lands-t~e erec~ion, enlargeme:r:t, ?r decoratl?n of hIS habitation, and other objects conduc~ve ~o hIS comfort and dIgmty: qccaslO~ally he will use a portion of it to liquidate d~b~s mcurred by member.s of hI~ trlb~ whlCh the~ cannot discharge themselves, but thIS IS a voluntary act whlCh, I Imagme, does not: {)ften absorb any considerable portion of his share . ..."..--- 33. The share which is devoted to the uses of the stool, in addition to being used as previously mentioned, to meet the expense of ceremonies and the cost of regal furniture, is also allocatecl to t.he liquiclation of st.ool clebts. It appears to have been the case that. t.he chiefs who have hacl t.he best. opport.unity of raising money by concessions are those who have plunged their stools most deeply into debt. In the purely agricultural districts where the applicant for concessions has not yet made his appearance, it: is the exception to find that a stool is in debt. Conversely, in the mining districts tEe stools which are receiving substantial revenues are for the most part deeply involved. To the native mind litigation seems to be one of the joys of life, and differences witli his neighbours regarding the ownership of land which has vastly' appreciated in value has supplied the chief with the opportunity of indulging his weakness. The debts, which in some instances show a total of four figures m sterling, have been incurred in respect of what was for the most part unnecessary reference to the courts, witIi attendant expenses in the form of law costs and lawyers' fees. Therefore the discharge of such debts, in whole or in part, merely gives the chief opportunity for the further continuance of the pastime, and benefits noboay but the local lawyers, who naturally make no effort to counteract the pro- clivity. No money so disposed of can oe considered to be laia out to the real advan- tage of the tribe. 34. As to the third portion, which goes to the elders, that is divided between them, and I have no evidence to indicate that it is devoted to purposes other than the personal benefit of their families and themselves. 35. While, therefore, it seems to be the fact that the chiefs do dispose of the sums which come to them in accordance with the practice generally recognised, it shoufd be observed that the practice itself is at variance with the traditional -conditions which underlie the authority vested in the headmen. They are supposed to exercise their authority for the common benefit of the tribe as a body, but they actually spend this money for purposes from which the ordinary members of the community can derive no advantage-therefore the tribe finds itself despoiled of a :substantial area of its land for a period which leaves it dispossessed for two or three generations, and receives no sort of compensation for the diminution of. its property. The inability of the mass of the people to share either directly or indirectly in the Tevenues. accruing from concessions is an ?bjectionable feature of the present system, and an Improvement would be effected If part of the money were set aside to be ,expendea on works for the public benefit of tIle community, in a manner which I propose to explain in a later part of this report. 36. One very obvious disadvantage attendant on the present system of disposi- tion of concession land by the chiefs and elders is found in the fact that all the negotiations preliminary to the execution of the indenture or deed of agreement are conducted either directly between the applicant and the chief, or through the medium of a lawyer retained by the former. The chief is usually able to ascertain the proposals and requirements of the applicant only with the assistance of an inter- preter, who is generally in the service of the applicant and more mindful of his interests than those of the landowners. The knowledge of the situation and area of the land applied for which is derived by the chiefs from the statements made such interviews is of a very sketchy description. The prevalent ignorance relf!aJ~Qlmr . boundaries and areas prevents their realising the true position and extent applie4 for, and the only point which appeals to them as being of the amount of the consideration money and rent which can be se ment cM!!:' be considered satis£actG~ wlliaJtt. .: (jJlOdli 11 receive advice and assistance from some disinterested persoD cognisant of the situation and condition of the land applied for and competent to, form ~ practical judgmept of what may reasonably be lease~ and ~hat shoul~ be paId for It, I, have been informed that cases have occurred m whIch the chIef has been sufficIently alive to the fact of his own inability to judge for himself ,to have insis~ed ,that the draft agreement should be considered and explained to hIm by the DIstrICt Com- missioner before appending his signature to it, 37, If I have succeeded in making it apparent that numerous ca~es have occurred in which the natives have been tempted to subordinate the real mterests of the tribe to their greed for pecuniary gain, and have more readily sacrificed those interests in consequence of their ignorance of what they were actually conceding, then a case seems to have been made out for such official intervention as will put a stop to the improvident disposition of tribal lands. But such intervention must be conducted in a manner which will leave the people assured that their inherent right of disposition of their lands remains in their own hands, and that only such interference is contemplated as will supplement their knowledge of essential details and obviate the risk of their unknowingly making bad bargains, while leaving to themselves the right of election as to whether land applied for shall be disposed of or withheld, On no account must the fact be lost sight of that the land is the \ property of the people, that a concession is a contract between the landowners and the applicant to which the Government is no party; that intervention must therefore be limited to supervision and guidance only, to the end that improvident alienation may be prevented and only such terms sanctioned as will ensure adequate protection of the rights and requirements of present and future generations, Additionally, it is most desirable that some arrangement should be devised which will preclude the appropriation by chiefs and elders of the whole of the proceeds of the disposition of land for personal or quasi-personal purposes, and will effect the retention of a reasonable portion of such revenues to be expended in works which will benefit the tribe as a whole and those who corne after them. 38. The exte~t of land which has been alienated to Europeans in the Colony up ,to the p~esent tIme bears no more than a very fractional proportion to the area whICh remams; but in using the term " alienated" I must be understood to refer ?nly to those, properties th,e ~isposition of which has been formally completed by the lssue of certificates of valIdIty, and not to include the much more extensive area in respect of which notices have been filed under the Concessions Ordinance, most of whICh have c~mber,ed the books of the Court for many years, and of which only a small proportIOn wlll be further proceeded with, ,39. I have been f,u~nished ?y the Director of Surveys with a valuable table whlch I append here, gIvmg detaIls of the land disposed of year by year during the last dec;;tde :- Sq uare miles. Year. Ca) Cd) ~Iiniug ChJ Co) Petroleum Remarks. other than Mining with Ce) Timber and other those in Total land other rights. and others. mineral Cd). alienated. oila. 1901 1902 3'529 C. of v. No, 1. 6'H2 15'133 21'658 90'965 20'957 131'609 22'939 109-673 10'000 1;)'000 40'695 2'105 3':132 ::15'390 1'489 :36'91:1 59'041 145'920 145'920 Mamponsee Timber. 1'366 45'36/) 2'136 141'148 201';56 141-148 879'077 B 2 12 From this we learn that the extent of land alienated does not at the present time amount to one twenty-seventh of the area of the Colony, and it is apparent to anyone who passes through the country that the wide expanse of untouched forest land is vastly in excess of the requirements of its population. 40. I believe it will be found that misconception with regard to the area alienated has arisen in the minds of people in England through inability to distin- guish between those lands the disposition of which has been finally completed. by the issue of certificates of validity and those which are locally referred to as bemg " under notice." The latter are those in respect of which notice has been filed in accordance with the provisions of Section \) of the Concessions Ordinance; bu~ in the vast majority of instances no further action is contemplated, and they contmue to congest the Court records only because no efficient machinery has been provided for their removal. Still, so long as they are there they must be included in any com- pilation of lands which are subject to the provisions of the Ordinance and withil'l the cognisance of the Court, and as they aggregate in area a total exceeding three thousand square miles, it is easy to understand that the inclusion of such figures in any return of lands alienated must convey a totally erroneous impression of the extent to which it has been disposed of. 41. I understand that suggestion has been made to the effect that the process 'of acquisition of land by Europeans is unduly contracting the area which should be retained by the natives, and that such contraction may result in partially depriving them of their legitimate and principal means of subsistence. Also that the con- tention that they may suffer such deprivation is based on the assumption that the population is increasing. To deal with the latter point first, I have obtained no information which I can accept as reliable evidence that such increase is taking place. I cannot place faith for the purposes of comparison in the figures furnished by the recent census, because ·even if they are accurate in themselves, the figures recorded on previous occasions are admittedly so unreliable that no sufficient basis for comparison exists, I have been told by those who are most likely to make unbiassed statements on the subject that no advance in numerical strength is apparent; that no growth in the number 'or extent of villages is noticed, and on the other hand that the rate of infant mortality is undoubtedly very heavy. It is possible that some increase may be taking place in the more flourishing agricultural districts of the Eastern Province, but I consider that no ground exists for belief that there is a general advance in the numbers of the native community throughout the Colony as a whole. 42. As regards the sufficiency or otherwise of the lands remaining in the hands -of th~ people to satisfy their requirements, I would point out in the first instance that m no part of the Colony other than those districts in which the cultivation of -cocoa has been taken up does any family or individual require more than a com- paratively minute area for cultivation and sustenance. It is somewhat unfortunate that the term" farm" should have been accepted as the usual designation of these native holdings, as the use of the word is calculated ~o convey a totallr erroneous impression of the ,nature and extent of the agricultural mdustry' so descnbed. To those not personally conversant with the methods of the West African native, the use of the word implies the existence of a homestead surrounded by a substantial are~ of efficiently: tilled land. Nothing could be further from the reality. The na:tIve cont.ents hImself with partially clearing a little corner in the bush, into the SOlI of whICh he inserts the seeds and roots of his prospective crop without any ~tte~pt at system, and having done so he leaves it to take its chance. Its growth IS a struggle for existence with weeds and undergrowth, and it is so smothered by the encroachments of bush plants that it is no easy matter to distinguish the line where the" clearing" ends and the untouched forest growth commences. The farm of the West African represents a hardly higher form of . than that exhibited in " Sakei " clearings in Malaya. 43. A plot of from half-an-acre to two acres in erl;GJj!l;:· is able to make use of. Such are dotted about intervals without lPli!flJ:'IIlity he per,sonl~ll.f.• ~ 13 possible to observe from a hill-top many miles of f~res~ in. which on~y two or ~h~ee attempts at clearing can be detected. I have no hesItatIOn III expressmg the opmIOn that the extent of the forest and bush lands now available for exploitation by the native farmers is far in excess of anything which they can possibly make use of for very many years to come. Unless indeed the Eo£ulation doubles or trebles its~lf and the permanent cultivation of large areas is substitute.d for the. present p~actICe ·of scratching minute lots, I see no prospect that the land m beneficIal occu:patIOn by natives will ever be more than an unimportant part of the whole area avaIlable. 44. Moreover, it must not be assumed that the disposal of lands for mining or timber concessions has deprived the people of the use of them. It is incumbent on the Judges of the Supreme Court to satisfy themselves that continued use of the surface for cultivation, hunting, and other purposes is assured to the native popula- tion, and it appears to be the fact that in some cases, such as that of the Prestea concession, the advantage offered by the proximity of a market for their produce has caused the people to come in and cultivate the ground within the limits of the conceded area in far greater numbers than ever occupied it before the industry of the white man created a centre of attraction. 45. The opinion appears to be generally held by Europeans and natives alike that the presence of the mining industry in their midst is advantageous to the African population, and that opinion seems to be founded on reasons which go far to substantiate ·its . accuracy. It is a matter of complaint that the people of the country do not seek employment in the mines to the extent that the companies would like, and that the labour force is for the most part composed of foreigners brought in from other parts of the continent. A large number are nevertheless attracted from the villages in the Central and Western Provinces by the high rate of wages 'Offered, apd most of the chiefs I have interviewed have been able to speak of young men who go from their villages to the mines and return later on with money in hand. Of course, the comparatively high rate of pay that can be earned is counterbalanced to .some extent by the additional expense of living in a mining centre and by the eXIstence of various forms of temptation to spend money as it is earned, but the fact remains that they usually cease work in possession of a balance which enables them to ret~rn to their villages as persons of substance, while those who have qualified as ~lac~smiths or carpenters or in other forms of skilled handicraft pursue their callmg m the country to the undoubted benefit of their neighbours. 46. The permanent cultivation of land on scientific lines and under European supe~vision ~eems to have so far made little or no headway in the Colony, but should the time a~rIve when the planter acquires and develops land, it seems clear that his example .wIlI prove at least equally valuable to the native, who will have opportunity of studymg the method of preparing the soil, of planting the trees, and of treating the crop for ~he market. The average native of the Colony cannot be credited with energy, or ~Vlt~ any rea~ desire to improve his position by personal exertion, but the success whICh IS attendmg the introduction of the cocoa industry seems to indicate that he will foll.ow an ~xample which holds out prospect of profit, and may be expected to take mte~es~ m any agricultural project if assured that it will pay. On th~ w?ole, ~her~fore! It IS rea~onable to assume that the presence of European indus- trIes m theIr mIdst IS condUCIve to the material advantage of the people. ASHANTI. 47. As B~i~ish occupation of the Ashanti country followed the conquest of its 'DeclDIIB,. the POSItIon ~ecured by the Crown on assuming the administration of the v.ery different from that which obtained in the Gold Coast Colony. the Gover~ment in the Col.ony have never exceeded those of a pro- no rIghts of ownershIp over land have been exercise able except . or purchase. In Ashanti, on the other hand, the Crown, was in a position to dictate terms, and had the lands of at: the time of conquest to be the property of the Crown, vested. It is not necessary to examine here the ~~jn from making such proclamation. It is acquire proprietary rights over the 14 land-the claim to ownership which might have been enforced at the ti~~ of occupa- tion was waived and cannot now be asserted. Consequently the condItIOns of land tenure previously recognised by the people remain unaffected by British int~rvention, and the right of the chiefs and tribes to their communal land must be admIt~ed. The only exception occurs in the case o~ the town and suburbs of KumasI, where all land situated within a radius of one mIle from the fort has been declared to be the property of the Government. 48. The system of native land tenure prevailing in Ashanti is. in. no mate!ial point dissimilar to that which obtains in the Colony. The general prmCl.ple of trIbal property administered by the chief and his elders on behalf of the people IS observable from the coast to the hinterland, varied only in matters of minor detail by local custom. Land in Ashanti seems to be generally divisible into two classes only- stool land and family land-the powers and duties of the chiefs and elders in respect of its disposition being identical with those exercised by the headmen in the Colony, while they are subject to similar responsibility in respect of the disposition of funds accruing from the grant of concessions. ' Individual ownership of land nas not been a recognised form of tenure in the past. Temporary occupation of portions of the tribal land gave the people full scope to carryon their shifting cultivation, and nothing in the nature of a permanent right was required or contemplated. 49. Probably in consequence of the deference which the people naturally show to the representatives of the conquering nation, the relations between the Govern- ment officers and the chiefs appear to be closer and more harmonious than is the case in the Colony. I have observed in Ashanti none of that jealousy of interference which imbues the minds of many of the headmen in the Gold Coast-on the contrary chiefs here seem to be desirous of obtaining assistance from the ruling Power, and voluntarily seek advice from the local officers when contemplating the alienation of land. No chief in Ashanti would think of signing an agreement for a concession until it has been examined and explained to him by the Commissioner-it may, there- fore, be anticipated that they will welcome any arrangement whereby the efficient administration of alienated lands will be assured to them, so long as there is reserved to them the right to decide whether areas applied for shall be leased or retained. 50. Up to the present time the chiefs in Ashanti have had little or no oppor- tunity of making money out of mining concessions. V arious area~ have been leased from time to time, but no mining by Europeans is now going on in the country, with the exception of that proceeding at Obuasi on the block of 100 square miles acquired by the Ashanti Goldfields Corporation from the Chiefs of Bekwai and Adansi, and some dredging operations by the Ashanti Rivers Company. Some of the other con- ceded areas appear to have been exploited, but work has closed down, and in the majority of cases no rent is being paid, and the concessions appear to have been abandoned by the lessees. The chiefs have expressed to me their distress at the lack of European enterprise in their territories, and have emphasised their anxiety that the white man shall come in and open up their country, explaining that it is only by means of his presence and example that they and their people can expect to become more prosperous. 51. The cocoa industry appears to be making more headway in Ashanti than in either the Central or Western Province of the Colony, and the necessity for creating a form of land tenure in the nature of individual ownership is therefore be?oming apparent. At present a member of the tribe may occupy and plant the trIbal land free of charge, and subject only to the liability to deliver a portion of his produce to the chief-in the case of cocoa, one-tenth-but he holds no title to the land, and appears to have no power to dispose of it in his lifetime, neither can he ensure continued possession by his family after his death. If the people are going to take seriously to planting enterprise, they will have to admit into system of land tenure an exclusive right to land, which has only been re(}og~i.l~~~. ..' to the present time in the case of concessions to Europeans. 52. I have failed to find in Ashanti, as in the Gold Coast, to support the suggestion that the popUlation is '&"''-''''''''''''~''-'6'' of natives from other parts of the pacifiQilII¥l. but the people thems~e~' except such as 15 are not now depleted by continual warfare. The Provincial Commissioner at Obuasi, who has been at some pains to study the question, goes so far as to express belief that the numbers are decreasing. He bases this opinion upon his personal observation of diminution in the population of villages, and upon the fact that infa:r:til~ diseases carry off a large percentage of the children. He has frequently met wIth mstances in which only two children have survived out of a family of five. 53. But whether the population is gradually increasing or otherwise, there can be no question as to the sufficiency of land in Ashanti for native uses. The maximum amount which the people can beneficially occupy at the present time is merely a fraction of the area available, and the extent of that which has passed into the possession of Europeans is also relatively small. So far, indeed, from there being any probability that the natives may be deprived of land which is requisite for their needs, it is matter of regret to the chiefs and people that the white men have done so little to develop the country, and they are right in thinking that encouragement of European enterprise is the best way to effect the betterment of their territory. 54. Out of an area of 24,800 square miles, 408 square miles have been alienated as concessions, as shown in the appended table :- Square miles. I Year. (a) (d) Mining (b) (0) Petroleum (e) Remarks. other ,Mining with Timber and other Total land those in other rights. and others. milleral alienated. (d). oils. I .. 1897 ... ... 100'000 - - - 100'000 Asbanti Gold Fields. 1906 ... ... 6'367 70'000 - - 76'367 1907 ... ... 5'000 142'190 - I - 147-190 1908 ... .. . - 69'970 - - 69'970 1909 ... .. . - - - - - 1910 .. , ... - - - - - 1911 ... ... 5'000 10'000 - - 15'000 --------------- 'rOTAL ... 116'367 292'160 - - 408'527 Approximate total area of Asbanti-24,~00 square miles. Practically the whole of this area is divided between three concessions-the Ashanti Goldfields, the Ashanti Rivers, and the Ofin Rivers. Almost th~ whole of Ashanti, therefore, remains available for future develop- ment, and the mterests of the country will best be served by encouraging the intro- duction of European capital both for mining and planting work, and by offering reasonably attractive terms to those who are able and willing to exploit the resources of the country with efficiency and despatch. PART II. Observations on the Concessions Ordinances and the procedure thereunder. GOLD COAST. 65. The Gold Coast Concessions Ordinance, No. 14, of 1900, was enacted with- preamble declaratory of ,the circumstances whic~ re~dered it expedient to iDi~_.i~lh9 la.w, and to prescrIbe the procedure therem laId down, neither does .~ •••~ ~1.1~'re been appended to it any statement of " objects and reasons" to the student the purport of its provisions. In the absence methods of explanation, the reasons which prompted th~ !IWI>t.lon set out in the text of the measure must be largely some scheme whereby. the disposition of land ~.]OJIRcillEld. was made apparent in the course of the Land Bill of 1897, but it is 16 \/ not clear why the unusual course was taken ~f 'placing the jurisdiction in matters. of land admiIlistration in the hands of the JudICIal rather than those of the Executive Authority; that being a course which, so far as I am aware, ha~ not been ~dopted 0:- found. necessary in any other Colony or Dependency of the Empire. POSSIbly regard was had to the fact that at that time relations between the native chiefs and the Executive Government were somewhat unduly strained, and it was considered that the people would feel more confidence in, and accept with less reluctance, the decisions of the Court. But whatever the reasons which prompted the publication of the Ordinance in the form in which we find it, and the introduction of a system which was obviously an experiment, its continuance can only be justified if it can be shown that the procedure is as expeditious, as economical, and as effective as the alternative system, and that the experience of intervening years has disclosed no material defect either of principle or practice. r believe that I shall be able to show that defects do exist in the Ordinance which seriously detract from its efficiency, and examination of the evidence which I have taken will show that those whose opinions on the subject are of the more value are unanimous in adverse criticism of the prevailing system, the only noteworthy exceptions being the Attorney-General, who has had no experience of any other form of procedure, and the chiefs and educated Africans of the Central Province, who openly express their distrust of any action taken by Government in relation to land. 57. The first point to be noticed is that the scheme of land administration propounded by the Ordinance is partial only, that is to say, it provides machinery for exercising control over the disposal of mining lands and areas allocated for the collection of natural forest produce, but it omits to invest the Court with jurisdiction to inquire into concessions for agricultural purposes, and design€dly places in the hands of the Executive Authority the power which it has abstained from conferring on the Court. This may be ascertain€d by reference, ill the first instance, to the definition of "concession," which limits the meaning of the term to documents granting rights to natural products on or beneath the surface of the soil. The limitation which the definition has effected by implication is expressly created by Section 3, which empowers the Gov€rnor in Council to exclude from the operation of the Ordinance any class of concession which does not create a right in respect to minerals; and that power has been exercised by the publication of an Order in Council under Section 3, excluding agricultural concessions from the scope of the Ordinance, and providing that such concessions as cover an area exceeding one square mile shall be ratified by the consent of the G-overnor in writing endorsed upon the I deed of grant. The outline of the present system, therefore, is that the Court inquires into 'and approves concessions conveying the right to work minerals and to collect natural forest produce-=-that the Governor approves agricultural concessions exceeding one square mile in area, but is not directed to make any inquiry into the terms and conditions agreed upon, and that, conc€ssions for agricultural purposes not exceeding one square mile in area are subject to no inquiry, and require no approval by anybody. - Personally, I can see no reason why such division of authority should have been deemed desirable, nor has any theory of elucidation been offered to me here. An efficient systern of land administration should provide machinery for dealing with all classes of land over which it is desirable to exercise control, and in so far as the Concessions Ordinance fails to establish such comprehensive system, to that extent it must be adjudged to be imperfect and unsatisfactory. 58. In order thal~ the observations which I have to make upon the provisions of the Ordinance, and the procedure thereunder, may be comprehended without preli-- minary study of the text of the measure, it may be helpful if I set out here a brief description of what takes place between the first application for a concession, ud the grant of a certificate of validity, and then proceed to comment seriatim on those points to which it appears that exception may be taken. 59. The applicant for a concession, in the first instance, of the district, either personally or through the agency a to him and his elders, orally, and through an interpreter; land which he desires to acquire, and the purpose fOJ:~ ,wm(}h;hl chief -to . 17 have been finally settled, all details are embodied in an indenture or deed of. agree- ment, written in the English language, which is usually read over and explamed to the chief and his councillors by the English-speaking clerk, but as these documents have usually been drawn ' in the complex language employe~ by conveyancers, the value of the explanation given by a superficially educated Afncan may b~ left to ~he imagination. Finally, the document is signed in duplicate by the respective partIes, and one copy is retained by each. 60. The applicant having obtained his deed, proceeds to have it stamped, and within the period of six months next following the date of the document m.ust file with the Registrar of the Court a notice embodying all particulars concernmg the concession, together with such documents as he relies on to support his claim (Section 9). A declaration that such notice has been filed is then sent by the Registrar for publication in the Gazette, and intimation to the same effect is fixed on the notice boards of every Court (Section 10). Then for the first time the matter comes within the cognisance of the judge, who, by examination of the signatures appended to the deed of concession, ascertains as far as he is in a position to do so, the names of the persons whose evidence appears to be material to the inquiry. Orders having been issued for the attendance of these persons, and a date fixed for hearing after an interval which allows time for the witnesses to travel from distant inland districts, the case is called for inquiry. 61. At this inquiry the Court confines itself to ascertaining, by means of such evidence as is available, whether the proper persons are parties to the deed, whether they thoroughly understand its contents, whether the terms are reasonable and sufficient, and whether the customary rights of the people have been protected (Section 11), and if satisfied on all these points, proceeds to make an order for the survey of the land, leaving further action in abeyance until the survey has been completed and the plan furnished. The order of survey made by the Court will not become operative until the applicant has deposited the prescribed fees with the Director of Surveys, but when such payment has been made, and the work completed, usually after a prolonged interval of time, the Court will reopen the inquiry as soon as the plans are before it, and unless some complication arises, will proceed to prepare and issue a certificate of validity to be attached to the deed of concession (Sections 15, 16). Such is the procedure in straightforward cases in which no conflict of interest arises, but disputed cases also occur in which opposition to the claim is entered (Section 12), when the inquiry will assume the aspect of the hearing of a civil suit, the proceedings are usually of a prolonged nature, and the costs become as heavy as those incidental to other forms of litigation. . 62. When we come to analyse the procedure above summarised, the existence of a weak point in the initial stage becomes apparent. The Court takes no cogni- sance of, and has no jurisdiction over, the arrangements between the parties which are precedent to the filing of notice under Section 9. Consequently, these negotia- tions are carried on without the knowledge or intervention of any officer, either of the Government or of the Court, with the result that terms may be agreed upon which are not sufficiently understood at the time by the native grantor, and are only realised by him when matters have progressed too far for alteration. No arrangement can be satisfactory which leaves the native landowner wholly in the hands of the appli- cant at any stage of the proceedings, and which fails to provide him with that official adNice and guidance which is the only means by which his interests can be certainly and effectively protected. 63. Section 9 (l).-It is not apparent why the holder of a concession should be given so lon~ a period. as si~ months within whi?~ to file no~ice . l.f he really intends to develop hIS concesSIOn WIth reasonable expedItIOn, there IS nothmg to prevent him from with the terms of the section within very few weeks. Moreover, the ~.iE.iiti during which inaction is permissible, the greater the risk of conflict ~ later on, in consequence of the disposition of the same area to is deficient in that ~t fails to prov~de for registration of the the Land RegIstry. The fihng of notice and accom- of the Court serves only to bring the matter Registration in the office which is c 18 responsible for the custody and c?m'pilati~n of land ~ecords is essential if .the Govern- ment desires to obtain complete mformatIOn regardmg all such transactIOns. 65. Further, the Legislature, having ~onced.ed a p~+iod of s~x months to c~m­ mence with, appears to contemplate a seemmgly mdefimte exte?~IOn of that pe~IOd J subject only to the paymen~ of a fine (Section. 9 (2)) .. The provIsIOn of.a pecumary '" penalty for such default as IS here referred to IS obJectlOnable. IndefensIble delay or inaction on the part of the holde~ of the concession shoul~ be dealt w!th by. cancella- tion of his right, and such forfeIture should be automatlC, eventuatmg wIthout the instrumentality of any special order of the Court. 66. When that stage of the proceedings has been reached where notice h~s been filed and the necessary publication of its particulars effected, the Ordinance ~s searched in vain for any provision compelling the concessionaire to prosecute hIS claim with diligence. He is under no obligation to take further action, ~nd .so lo?g as he continues to pay to the grantpr the rent reserved by the deed o~ grant, hIS clalID remains alive, but may lie dormant as long as he chooses to allow It to do so,. The omission of any such provision is one of the gravest deficiencies noticeable m the measure, for not only does it preclude the Government from forming any accurate estimate of lands alienated, but it constitutes a perpetual menace to those who are seeking land with the intention of developing it effectually. There are at the present \ time some hundreds of concessions " under notice " recorded in the books of the Registrars of the Court. Many of them have stood there for ten years or more, and though in a great many cases proceedings have probably been abandoned, there is nothing to prevent any such claim being further advanced if the claimant thinks it worth his while to do so. Consequently those who may desire to obtain concessions at the present time have to face the risk of finding their applications opposed in the Court by the holder of one of these claims" under notice ," who, having left it in abeyance for years, brings it forward when he finds that the land comprised in it has formed the subject of a later application, in order that the more recent applicant may be driven to buy him out. It appears that the only means by which such claims can be expunged from the registers is by motion in Court to that effect by the Law Officers of the Crown. I cannot ,however, find that such a course has been adopted in lJractice-indeed the number of claims still outstanding is evidence to the contrary -but, although the procedure is cumbrous, it is regrettable that it has not been consistently resorted to. Obviously a section should have been provided, prescribing that every claim not brought before the Court within a certain period after the filing of the notice should automatically lapse. ?7 .. Th~ en:umeration in Section 11 of the duties imposed on the Court when makmg mqmry mto the terms of a concession leads to consideration of the extent to whic? the Court is capable of carrying out those duties, and incidentally, to c?mpanson of the efficacy of control by the judicial and executive authority respec- tIv~ly. Th~ first ?tage a~. which the Court takes part in the proceedings is t.hat in whICh th~ Judge Issues hIS orders for tIie attendance before him of those persons wh~se eVIdence ~e m~y deem to.be ne?~ssary ...I n making such order he suffers from a dIsadvantage mevItable to hIS pOSItIOn. HIS Court and station is situated at a considerable distance from the locality in which the concession area is situated. He has no .personal ~no",:,l~dge of the la;nd, or of the people who own the land and are resp?nsIble for ItS dIsposal. He IS dep~ndent for information as to the proper partIes to be summoned on th.e names WhICh appear on the deed of grant, possibly supplemented by o~hers supplIed by the applicant or his counsel. He does the best he c~n .under the Clrc:ums~ances to ensure the attendance of all responsible persons, but It IS al",:,ays .possIble that _the name of some material witness may be omitted. Comp3;re thIS WIth what would take place if the inquiry were in the hands of aD e~ec1!-tIve officer. He would be the officer responsible for the administration dIstrICt. .H~ would make himself acquainted withVthe situation and COllldllt1C laJ?-d applIed for by personal examination. He would know, and chIef ~.nd elders of the tribal owners, and would be in a I!osition exactItude who are the persons to be consulted. 68. Later on, the satisf! liit.ris~1f of the ~q,elqv.J~Cy ~aae ~~dar.ia of a.dequa9w'~~i~ 19 no evidence before him which bears on the subject. In the absence of such assist- ance, and of any testimony indicative of the value of the. p~operty, it ~s. difficult to see on what basis his decision can be framed-therefore, It IS not surprisIng to hear that different Judges have held widely divergent views .as to the aI?-0unts which should be paid, and in some cases have made orders wh~ch t~e partIes have ~een unable to carry out. One instance has been quoted-to me In WhICh the .Judge raIs~d the consideration money to a figure which, in the opinion of the applIcant, was III excess of the value of the property, and he consequently withdrew his application, only to be approached la~er on by. the native oWJ?-e~, who begged him to ho~d t~e concession at the lower price at whICh they had origInally agreed. I do not, In thIS case, argue that a more accurate estimate of value would be made by an executive officer, but I suggest that the standards of payment ordinarily expected and made in respect of different classes of concessions are now so generally recognised that it y should be practicable to prescribe rates which will be generally acceptable, and thus remove from the controlling authority the power of imposing conditions which may occasionally bear hardly upon one or both of the parties interested. 69. Further, there is another POInt relating to the payment of the considera- tion in which the law is at present constituted leaves much to be desired. The Court is enjoined to satisfy itself as to the adequacy of the amount, but it has no jurisdic- tion to supervise or control the distribution of the money when paid to the grantor. It is believed that in practice the money is distributed in accordance with the customs of the tribe, but it would be more satisfactory if it were paid out by a local officer cognisant of the persons really entitled to receive it_ 70. Notwithstanding the difficulty which the Judges must experience in obtain- ing complete and reliable evidence upon all points incidental to the inquiry, it is startling to find that they are empowered to modify terms and to impose conditions of any description and 'to any extent wh~ch they may see fit. It is not, of course, suggested that any Judge would utilise that-power to impose arbitrary or uncon- scionable terms, but cases may occur in which Judges may from ignorance of local circumstances inadvertently make orders which will be productive of hardship. The Court is wholly independent of the higher executive authority, and its orders can only be reviewed in contentious matters when an appeal is possible. In the case therefore of inquiries into unopposed concession cases, any order made by the Court must stand_ Mr. Justice Gough, who has had some three years' experience of concession case§ in the Court of Sekondi, and who expressed himself as strongly in favour of the transfer of jurisdiction in concession cases from the Court to the executive, referred particularly to Section 13, and stated that in his opinion it was not right that such unlimited power should be given to any Judge, because his orders are not subject to revision, adding that if erroneous or unreasonable orders are made by an executive officer, there is always a higher authority to put him straight. This expression of opinion, coming from the only Judge now in the Colony who has had any experie~ce of concession work, furnishes an important argument against continuation of the present system, and supplies one substantial reason for divesting the Court of its jurisdiction in such cases. 71. "The first stage of the inquiry by the Court usually terminates with the issue of an order for survey, entailing procedure which renders the applicant liable to incur considerable pecuniary loss through no fault of his own. The requisition for survey will not be entertained until he has deposited the fees in accordance with the prescribed scale, amounting in many instances to some hundreds of pounds. But ~~en ~e presents the plan ~nd the inquiry ~s continue~, it .may ~appen that oppo- SItion IS entered, and that III the end he WIll not obtam hIS certIficate of validIty. In such case the survey fees paid would be lost, I have been unable to trace the actual occ~rence of such a case, but it is sufficient for my purpose that the con- tiD,geJ1CYexIsts. I think that no person should be compelled to pay money until the ppUEtsmioBfpf that for which he pays is assured to him, in other words, no man should survey fees until the land for which he applies has been as such postponement of payment seems to be impracticable Ordinance, the system which enforces the present arrangement *Xlel>ticm can be taken to that part of Section 19 which duration of any description of concession. A ell 20 desire has been generally expressed by the chiefs that the term should be shorten~d, but no good reason has been advanced for furt~er limitation, all:d I hold. that the wIsh of the chiefs is mainly prompted by the desue to ge~ backmto theu own han~s properties which have been proved t~ be. valuable m order th.at they or theIr successors may reap the a;dvantage of dIsposmg of the!ll a second tIme. .In. t~e case of those mining lands WhICh are payable only by workmg at deep le~el~, It IS Imp!O- bable that a consistently remunera~ive area cou.ld be worke~ out wIthm the perIod allotted by the certificate. ConcessIOns of the r.tght to cut tImber would pr~bably be worked out in less time, but I do not propose to dIS?USS them here, ~s :1 am not.m favour of their continuance, and shall suggest for adoptIOn an alternatIve system m a later part of this report. . 9oncessions for .agricultu~al purposes, whic~ ~re not at prese~t subject to the provIsIOns of the Ordmance, wIll probably be utIlIsed f?r the cultI- vation of products the life of which will never exceed 99 years, so I consIder that the period at present prescribed may reasonably be adhered to. 73. The latter part of Section 19 recognises the legality of " options "-a very undesirable form of temporary interest in land, which has been elevated to the dignity of a " conce~sion ". by the definit~on .of that term, b,:~ has not .itsel~ been explained or defined m SectIOn 2. The obJectIOn to the recogmtIOn of optIOns IS that they can be made use of by unscrupulous speculators and promoters to persuade people that they have property to sell which is not in fact at their disposal. So long as a person can obtain for a small sum an option of selection for three years over an extensive area, he is able to acquire a document which may be accepted as a title by people in Europe not conversant with the conditions of tenure in the Colony. Such document is thus invested with a marketable value to which it is not entitled, and it is only vyhen it lias cIianged hands !hat the purcIiasers discover ' that they are in possession of nothing more than a right of selection contingent on the disbursement of a further substantial sum. Presumably recognition was given by the Ordinance to this form of interest in consequence Qf representations that time must be allowed, and facilities given for the examination of likely areas, before selection can be made. This is undoubtedly necessary, but it is not necessary and it is not desirable that the facility should take the form of an option. The time required by the miner for examination of the land, and his right of ultimate selection, can be secured to him by remodelling the system of prospecting licences in a manner which I shall explain later on, so that while his legitimate interests are protected, he will be afforded no opportunity of foisting upon a credulous pUblic a document which gives rise to mis- conception and is instrumental in causin~ pecuniary loss. WIiatever form of pro- cedure is adooted in the future, the practice of granting options should no longer be countenanced. 74. I consider that Section 20 is open to criticism on the ground that the area which may be included in any mining or timber concession is in excess of that which is desirable. In the case of mining concessions I shall explain later on the reasons which lead me to recommend a reduction of area, and in that of timber concession!" I ~hall offer for considerat~on an alternative system, whic.h, if favourably received, WIll put an end to the granting 0] concessions for rights of this nature. 75 .. Section 26 .provides th~t all rents and ot~er periodical sums payable under any certIfied conceSSIOn to a natlve shall be deposIted with the Treasurer at Accra by whom ~t shall be handed to t~e native landowner: I concur in the propriety of so regulatmg the payment that It s~all not be made to the native direct, but it is a needlessl~ awkward arrangement to Impose uI?on the Treasurer the duty of receiving and passmg on all these sums. The money IS usually due to a chief residing at a long distance from Accra, of whom the Treasurer has no personal knowledge. I can therefore see no re~son why this .officer. should be selected for the work. Experi- ence .appears to have dIsclosed the dIfficultIes attendant on th~ system, as it has been modIfied by Rule 3, made under Section 4, regarding the payment of rents. Here the duty has been distributed between the Treasurer at Accra and the ()ttilOOl~s charge of the Treasury chests at Cape Coast and Sekondi, but even this does n~t .go far enou~h, and the preferable course appears to be to : of :eceIVmg an? p.aymg out th~ money upon the officer in ,U~li~g;e whICh the land IS sItuated, who IS presumably in touch with in residence in his neighbourhood. . 76. Sections 27 and ~8 deal with JU;()SPlec:tllIlf;! .. ""I'II·~w.·:;,"" 21 established a system which I think may be varied with advantage in a manner which will be indicated later. Objections to the present arrangement are :- (i) That the prospecting licence can only be issued under the authority of the Governor himself. (ii) That it conveys a general authority to prospect in any part.of t?e Colony, yet does not vest in the holder the right t? make examma~IOn .of any specific area, because the consent of the chIef to such exammatIOn has not been obtained. It thus fails to exhibit the essential elements of a prospecting licence ; that is, authority to the holder to test and make selection from a particular locality. (iii) That the period for which the licence will remain in force is unlimited. 77. The last section upon which I desire to offer comment is No. 54, and my remarks have reference to that part of sub-.,section (a) which empowers the Govern- ment to take possession of any part of the land comprised in a concession without payment of compensation except in respect of interference with works or improve- ments erected or made by the holder of the concession. This section was presumably inserted in conformity with the policy enunciated by Section 6 (6) of the Public Lands Ordinance, 1876, which provides that compensation for acquisition shall not be awarded to any party in respect of unoccupied lands. It is not easy to see upon what grounds this policy can be held to be justifiable. Whatever the value of the land may be, it is the property of the chiefs and their people, and their right to it should be recognised by the payment of a nominal sum as consideration for acquisition in cases where no beneficial occupation is proved and no improvement has been effected. In the case of concession areas, compensa- tion to the lessee for disturbance or interference should be an additional liability. 78. The object which was sought to be attained by the introduction of this Ordinance was that every concession of mining or timber rights should be subjected to inquiry by the Court and its continuance made dependent upon the grant of a certificate of validity. It is not, however, certain that the law really effects all that was intended. Reference to and approval by the Court is no doubt necessary if the claim of the concessionaire is to be made secure from trespass and interference, but if a man who has obtained his grant from a chief is under no apprehension that his rights will be opposed or contested by others, and is prepared to take the risk of such a contingency, there is nothing in the Ordinance to prevent his working the land without coming to the Court at all. Such risk would not be taken in the case of a mining concession involving a large outlay of capital, but it might be worth while to chance it in that of a grant of timber rights where no heavy preliminary expen- diture is required, and I have reason to believe that in at least one instance a con- cession is being worked at the present time which has never been brought under the supervision of the Court. If this be so, the Ordinance has failed to accomplish all that the framers of its provisions considered to be necessary. ASHANTI. ' 79. So much similarity exists between the Ashanti Concessions Ordinance No.3 of 1903 and th~ corresponding law in the Colony that, having commented upon the latter measure, .It does not seem necessary to repeat observations which are applicable to b~t~. It WIll suffice, th~refore, to invite attention to the points in which the provIsIOns of the later law dIffer from those of the earlier Ordinance, and to explain the reasons why a 0hange of procedure can be effected with even more facility in Ashanti than in the Gold Coast. 80. Where ~ifferences of pro~edure are observable, that prescribed by the AII""'-ALI".1 measure IS the more effectIve. It would appear as if deficiencies in the UOIQ1lli&llaw had already been noted when the Ashanti Bill was under consideration "11:1lO1l.~;illweas taken to substitute more suitable provisions in the later draft: z existence of these deficiencies had in fact been recoO'nised so long _ ........ to understand why a period of nine years ha~ been allowed ..... '''''UJ,~", at am~ndment. Certainly no such diversity of con- countrIes as calls for any differentiation in the main of the Colonial Ordinance I criticized the terminate the existenc~ of a concession 22 in cases where the applicant fails .to prosecute his clai~. The Asha~~i ~aw provi~es for this (Section 9 (2» by declarmg that the. c0!lces.slOn shall be vOId If the notlCe and accompanying documents are not file~. wlthm ~lX months after the date o~ the deed of concession, and further ensures dIligent actlOn on the part o~ t~e applicant by enacting (Section 10) that the survey fees .shall be deposIted wlthm the same period, and that if default be made, ~h~ conce~slOn sha~l cease. . . Now no applicant would be WIlling to mcur thIS expendltu.re unl~ss he had genuine intention to develop his property, consequently the l?ng lists o.f mcomplete claims which congest the records of the Colony are not found m Ashantl. 82. Provision has been made by the Ashanti law to impose a penalty upon those who do not commence to work their concessions within five years from the date of the grant (Section 50). This is a very necessary precaution which has not be~n taken in the Colony. The penalty prescribed, however, is not in the form which IS most desirable. It consists of the payment to the Crown of the sum of £100 per square mile or part of a square mile by way of fine in respect of each year in excess of five during which commencement of mining operations shall not have been made. It is conceivable that the concessionaire may find it worth his while to pay the money and abstain from work, in which case the object of the section, the speedy develop- ment of properties, is defeated. The penalty for default should be forfeiture, enforceable by legislation in terms which I shall propose for consideration in the next part of this report. 83. Elsewhere I have attempted to show that among the reasons which conduce \ to the inefficiency of the procedure laid down by the Colonial Ordinance is the lack of first.-hand knowledge on the part of th~ Judges regarding the land and its owners and the difficulty which they must therefore experience in attaining such a knowledge of local circumstances as will enable them to. make order in terms entirely equitable to all parties. Such objection cannot be taken to the procedure which obtains in Ashanti, because the Court is the Court of the Chief Commissioner, in whom the duties of the Chief Executive Officer and of the Judge are combined. The Chief Commissioner is therefore the officer most fitted to hear and decide concession cases, and to the people it is a matter of i:ndifference whether he deals with them in his executive or judicial cap.acity.. It will therefore be possible in Ashanti to effect the change of procedure whlch WIll be hereafter recommended, without removing the jurisdiction from the ha;nds of the officer to whom the people are acc,ustomed to look for assistance and WIth whose judgment and direction they willingly comply. PART III. Alterations in the existing law and procedure recommended for consideration. GOLD COAST. 84. When taking evidence from the various classes of witnesses who have pr~se~ted themselves before me on the question of the comparative advantages to be gal~ed by adherence to the present system, whereby the alienation of land is superv~sed and controlled by the Court, or by transfer of that control to executive authOrity, I have endeavoured to sketch to my hearers an outline of the methods which would be.adoI?ted, a~d the parts which officers of various grades would take, in the event of. It bemg demded that a change is expedient. I have found it .... v"""",;:><• • JLJ make thl~ clear before requesting an opinion, as none of those with whom I b.r0ught mto contact have had any practical experience of land I:I.U.WIIUllSlJ:B hnes other than those which obtain in this Colony. 85. Those who favour the retention of the prlese~t.. .~yjstem.1: and their status and experience is weight to their expressed opinions. fro~mt of perswal bUIS, oi' 'Of ~ee~'JI' 881m. 23 Such arguments as have been adduced in favour of continued control by the Court may be summarised as follows ;- (a) The disposition of a " concession" area is a transaction in the nature of a contract between grantor and grantee, to which the Crown is no party; therefore the authority adjudicating upon such a contract should be the Court. (b) The people are accustomed to have these questions inquired into by the Court, and have confidence in its decisions, but they would be mistrust- ful of the exercise of such authority by officers other than the Judges of the Supreme Court. (0) The officers entrusted with executive control in the provinces and districts have not the experience and capacity necessary to enable them to efficiently deal with such questions. (d) Appearance before the Court assures to the parties the advantage of legal representation. . (e) It also assures to them the right of appeal to the full Court of the Colony. On these arguments the following comments may be offered :- (a) While it is true that the Court is the proper authority to adjudicate upon questions of contract generally, its assistance is only invoked when a dispute or difference arises. N on sequitur, therefore, that the duty of supervising the completion of contracts in which no issue is joined should be imposed upon a body which exists only for the purpose of settling contested matters. (b) The objection is of little value when taken by people who have no experi- ence of other methods, and no desire to learn about them. (c) Those who take this point have failed to realise that it is an essential condition of any alteration, if made, that the executive establishment shall be brought up to a strength proportionate to the work demanded of it, and that the question of principle must not be subordinated to that of personal efficiency. (d) This argument needs little comment. It is advanced by, or at the instigac tion of, those who are in a position to derive profit from participation in the inquiry. (e) This right of appeal can be retained, if considered advisable, even though jurisdiction in the earlier stages be transferred to the executive. Further, even those who are staunch supporters of the present system are compelled to admit that procedure under the Ordinance is unduly prolonged and productive of expense, but are unable to offer suggestions for its improvement. They appear prepared to accept with equanimity the continuance of existing dis- advantages, and view with apprehension any suggestion of amelioration which does not preserve intact the system of judicial control. 86. On the other hand, I find among those whose experience and position justifies me in attaching weight to their views, a complete unanimity of opinion in favour of discontinuing the present system. They all recognise the disadvan- tages attendant on the procedure laid down by the Ordinance, which have been ~umerated in the preceding part of this report. They would welcome the intro- duction of a scheme of administration which would expedite the process of alienation and reduce the expense of acquisition, and they see the possibility of attaining that end by transfer of the jurisdiction to the executive authority. Personally, I am convinced that the procedure prescribed by the Concessions Ordinance is cumbersome, &D.d in some instances defective; that it is undesirable that the work should be en1b!'1.l.Rtedto the Judges, because they do not possess any first-hand knowledge of the they are dealing, and because their decisions are not open to revision cases. I believe that the work can be performed more effectively, and more economically, if entrusted to executive officers, and I of land administration by the executive be substituted for 1iM>;-.uv land to be administered is not the property of J)eCKl1IILe accustomed to have conflicting claims a right of appeal to the full Court 24 I should iDe retained in contested cases. Such cases should be much less frequent in I the future than in the past, because an effective sc~eme of ad~inistration must provide that the land to be alienat~d be clearly defined III ~he first.Illstance, alld must prec~ude the possibility of the eXl~tence o~ ~ormant cl.alm.s whIch, after years of seelusion, may be brought forward m OpposltlOn to appllcatlOns of more recent date. 88. Before ofl'€;ring suggestions for the construction of an alternative scheme, .' I desire to make it clear that the change will necessitate the creation of certaiN new appoiptments. The ti[~e ?f t~e Provincial and Distri~t Commissioners is alrea~y fuBy occupied, and whIle It WIll be reasonable to reqUlre them to perform certam routine duties in connection with the disposition of land, it must not be expected that they will be in all cases in a position to personally undertake ~he demarcation and examination of areas which is an essential preliminary to alienation. 89. To commence with, therefore, I recommend the appointment of a Commis- sioner of Lands for the Colony, 'and of six Settlement Officers, whose duties will be more conveniently described in the subsequent paragraphs, in which I shall outline the procedure which I commend for adoption. The Commissioner of Lands should be an officer of some standing, having experi- ence of land administration on similar lines elsewhere, and, if possible, a barrister- at-Law. The salary of the post should not be less than £1,000 a year, with such duty allowance as usually attaches to an emolument of that amount. Remuneration at that rate is desirable, because he will occupy a more responsible position than that of the Provincial Commissioners, and will have to undertake duties analogous to those now entrusted to the Judges in concessions cases. 90. The Settlement Officers should be young and active men of good education, capable of using a prismatic compass. Their duties will be almost entirely of an out-door description, and will consist of demarcating and roughly plotting boundaries, and examining and reporting on lands applied for. Two will usually be placed in each province, and they will be under the direction of the Commissioner of Lands, who will communicate with the Provincial Commissioner regarding the work on which they are to be employed. The salary attached to these posts should be similar to that allotted to Assistant District Commissioners. A commencement may be made with a staff of this strength, working in conjunc- tion with the local Commissioners, the office of the Commissioner of Lands being provided with two clerks-one to take over the registration business, and the other to attend to current correspondence. 91. The procedure to be adopted in the first instance should be as simple as possible, and should be in the nature of a base upon which a more detailed structure can be built up as experience discloses necessities. As time goes on, the Commissioner of Lands will be able to elaborate methods whereby the system can be expanded aIild perfected, but it would be unwise to introduce intricacies of procedure in the first instance, which may prove in practice to be unsuitable, and may necessitate withdrawal or amendment. The line of procedure which I recommend for adoption is that which is indicated ,below, and the duties to be imposed upon the officers respectively responsible for the administration 0] the system will become apparent as that procedure is described. 92. In the first instance, the Commissioner of Lands should be provided with an office at Accra, and there should be transferred thereto the records which are now ill the custody of the Registrar of the Court in his additional capacity of Lands Registrar. It is advisable that this office should be provided with a strong room, in which should be placed all deeds and documents which are either in the nature of a title to land, or are evidence of such title. Two Settlement Officers should ordinarily take duty in each n ....· "71·nn" should have no fixed location, and should move about from district to may be directed by the Commissioner of Lands in consultation with Commissioner. 93. All future applications for land, whether for purposes, should be made in writing, and ..should set out bUSlllesB of the applicant, the area usea, tbgether with such enaBle the local authority to 25 " should be sent direct to the office of the District' Commissioner administering thel division in which the land is situated, The District Commissioner will thereupon; note the date of receipt, and the ~bove-menti~ne~ parti?~lars as set forth in t.he letter, in a book to be called the regIster of applIcatIOns, .gIVmg to each entry a senal number which will run for the current year, and affixmg the s~me. number ~o the: letter itself. The letter will then be placed on the file of applIcatIOns. ThIS .file of applications will re-commence at the beginning of each ye~r, those ~f the preced!-ng. year being bound up for refer~nce, It will be f~und use~ul.If the regIster of.applI?a, tions is so ruled off as to provIde space on the rIght-hand SIde of the page, m whICh subsequent proceedings taken in respect of each application can be noted. Probably. applications will not be so numerous for some little time to come as to necessitate the provision of separat~ registers and files for mini!lg and agricultural.lan~s respec- tively, but the propnety of such eventual separatIOn should be borne m mmd. 94. The District Commissioner having filed the application, will arrange that the land be visited and inspected either by himself or by the settlement officer-its situation, conformation, and character will then be noted, and a rough sketch pre- pared, showing approximately the dimensions and locality. He will then arrange a meeting with the chief and elders of the country, and explain to them the nature of the application, and the situation and size of the land to which it relates. He- will also advise them regarding the terms on which the land may reasonably be' leased. The chief and his people will then decide whether the application shall be granted or not. This discretion must be left in their hands, as the Government has' no authority to do more than advise, and see that equitable terms are arranged. It will be observed that this system puts an end to that direct negotiation and bargaining between the applicant and the chief which has been so objectionable a feature of past practice, and ensures that the native lessors shall have the advantage of disinterested advice from an official with whom they are personally acquainted. 95. When matters have been so far settled, the District Commissioner wilT embody the particulars of the application and the terms arranged in a short. statement, prepared in duplicate, to which he will obtain the signatures of the chief and his people. He will file one copy in his office by attaching it to the original letter of application, and will forward the other copy, under cover of a. brief explanatory letter, to the Provincial Commissioner. If the Provincial Commissioner, after perusal of the report and statement, and after such further inquiry, if any, as he may deem necessary, sees no objection to the grant of the proposed concession, and is satisfied that the terms arranged are in order, he will forward the documents received from the District Commissioner, together with his own observations, to the Commissioner of Lands. Should there be any point to which the latter officer deems it expedient to take exception, he will refer back fot' adjustment or alteration, but if he finds the arrangement in order, he will insert a notice in the Government Gazette, publishing the particulars of the proposed concession, and the names and addresses of the parties thereto and will proclaim ~hat if any ~e~son desires to oppose the grant of the concession: he must lodge notIce of oppOSItion at the office of the Provincial Commissioner within three months after the date of the notice. 96. At the expiration of the prescribed period, the Provincial Commissioner will notify the Commissioner of Lands whether opposition has been entered or otherwise. If no opposition has been entered, the Commissioner of Lands will communicat.e to the Provincial Commissioner his formal approval of the concession and will make an endorsement recording such approval and the date thereof or: the statement furnished by the District Commissioner. If, on the other hand opposition has been entered, the Commissioner of Lands will set the case down fo; he&ring by himself at the office of the District Commissioner on a date not less cue lBOnth in advance of that of the notice of hearing. The inquiry will qI~;~I!~~of a )udicial proceeding, and the I?ar~ies may b.e ~epresented by IS fixed at the office of the DIStrIct CommISSIOner in order himsel~ and t~e Settl~ment Offi~er may be available, and to .Iiellwng natlve partles ~d WItnesses a long distance from nn·nnll't:nntt·.v WIll be afforded to the Commissioner AHA...,.,·. ... if he should think it desirable. D 26 Court of the Colony. The time for entering such appeal may reasonably be fixed at two months from the date of the order appealed against. • On entering opposition to a concession,a f~e ?f £25 shoul~ be exacted from the opposing party, which should be pa:y:able bY.hlm III any event, III order to protect concessionaires from frivolous or vexatIOUS claIms. The fee for appeal to the full Court might be fixed at £50. . 98. A final decision in respect of the concession, whether oppo~ed. or un- opposed having thus been reached, it will be the duty of the CommIssIOner of Lands t~ endorse the fact and terms of that decision upon the statements as above described, and to notify the Provincial Commissioner accordingly. Su~h endorse- ment will record either approval of the concession, or the fact that It has been disallowed. The statement will then be filed in the Commissioner ot Lands' office. 99. The Provincial Commissioner will then notify the District Commissioner in the same manner, and if the concession has been approved, will acquaint him with the terms of approval. It will then be the duty of the District Commiss~oner to inform the parties in the same way, when he will demand from the applIcant the payment of a sum sufficient to cover the amount of the 'consideration money, the rent for the first year, and the survey and registration fees. It wpl be sufficient to allow a period of six months for the deposit of this money, and faIlure to comply should cause the concession to lapse . A defective feature of the existing system is the absence of any prOVISIOn ,effecting the cancellation of a concession in the event of non-payment of rent. If such default is made by the lessee, the initiative at present lies with -the chief, who may move the Court for an order of cancellation, but this is seldom or never done in practice, because the chiefs do not understand the procedure. There are many cases in which concessions continue to exist, though no rent has been paid on them for years-in such cases the fact of non-payment should operate to terminate the lease if any portion of the sum due remains in arrear for twelve months. 100. It may possibly be thought that the procedure which I have outlined above is somewhat complicated by the necessity of reference backwards and forwards between the District Commissioner, the ProvIllcial Commissioner, and the Commis- sioner of Lands. I do not think that the system will be found to be other than simple in practice, while its efficiency would certainly be impaired by curtailment. The District Commissioner must play an important part in the procedure because he is the man on the spot, who must be looked to to supply the particulars of the land and the ,views of the chief and his people. The Commissioner of Lands must be vested with the p.ower of approval, n.ot only because such power is in excess .of that with which Provincial Commissi.oners should be endowed, but also because it is essential to the uniformity and efficiency of practice that the same authority should deal with cases from all parts of the Colony. At the same time the Provincial Commissioner must not be left out altogether, because when once his subordinate officer has supplied the local information, his views as head of the province are necessary for the guidance of the Commissioner of Lands. 101. When the money demanded from the applicant comes to hand, it will be the duty of the District Commissioner to dispose .of it in the following way. Having furnished the remitter w1th a receipt from a counterfoil book, he will ~nter t.he amou~t of the consideration money ill a book to be kept for that purpose, III whlCh he WIll also record the names of the concession and the holder, and the date an~ number of ~he receipt issued. He will proceed to pay the money out at the earlIest opportumty to the persons entitled to receive it, entering the date of such payment in the same book, and obtaining the signature of the recipients therein in a space to be provided for the purpose. ' He will deal with the sum received as rent in the same way, entering the amount and date of receipt in a rent roll, in which will also be recorded the names of the concession and the holder of it. The rent roll may be divided into in the following manner: Serial Arrears-Amount received-Date of receipt-Number of out-Date of payment-Si~nature of recipients. The rent should be paId out at the same time as the C01[lSldeJl'!l the transaction should take 'place in the District CClwnissio,nell"ll the s~atures of the recipieJnts may be ~ntered: mt he be liaitded to those who are real1y entitl~ ~1t 27 102. There remains the question of the sums deposited in respect of survey and registration. fees. As to the first, the D~strict Co~~i~sioner will remit ~he amount to the DIrector of Surveys, together wIth a reqUIsItIOn for. survey, settmg' out such particulars relating to the situation, area, and conformatIOn of the land, as may enable the surveyor to identify it. He will take credit in his own books for such fees as may be due to his office, and will hold the balance in readiness to, meet those due to the office of the Commissioner of Lands. 103 . Pending the completion of survey, the lease for the concession will be- prepared in triplicate by the Commissioner of Lands. This document need not be drawn up in the complicated conveyancing language hitherto employed in indentures of concession. It will be preferable to make use of a printed form upon stout paper of a large size, in which it will only be necessary to fill iIll particulars. It might be printed in some such terms as the following:~ LEASE FOR* LAND. District of : No. Annual Rent: Know all men by these presents that we in consideration of do hereby lease unto of All that piece of land situated at containing by measurement square miles, more or less, and bounded' as follows-that is to say: - which piece of land , with the dimensions , abuttals and boundaries thereof, is delineated upon- the plan e,ndorsed hereon , and numbered . in the office of the Director, of Surveys. To hold for the term of years, subJect to the payment therefor of the annual rent of pounds and to the provisions and conditions hereunder written. Conditions. In witness whereof we the said Lessors have hereunto set our hands at this day of 19 Before me: District Commissioner Ratified and registered at the Land Office, Accra, this Jay Ilf 19 Commissioner of Lands, Gola Coast Colony. *(Mining or Agricultural.) 104:. The Commissioner of Lands, having filled in all particulars, except those relating to survey, in a triplicate lease in the prescribed form, will forward the three copies to the Director of Surveys, who, on completion of the work will cause of his plan to be plotted on a reduced scale on each ~opy of the 1.~peDt, and will fill in the particulars relating to measurement and return them to the Commissioner of Lands who will each copy of it. One copy will be filed i';' his office office of the District Commissioner, the third copy .~.DisBio:ner to the lessee, and the transaction will be Lands will transmit to the District Com- a statement of the fees due to his D2 28 office, which will be defrayed by the District Commissioner from the funds retained by him for that purpose . , 105. In the preceding paragr~phs I have attempted ~o describe the general outline of the kind of procedure whICh seems to me t~ ~e s~Itable! but I ha-ye ?lade no endeavour to treat the subject exhaustiv.ely, conceIvmg It de~Ira~le to hmIt my suggestions to a sketch of the meth~ds whICh I recom~end, wIth .hberty ~o ~hose who will have to carry them out to fill m suc~ f~rther detaIls as P!actIce may mdICate to be advisable . I assume that the CommIsSIOner of Lands WIll be an officer who is conversant with one or more of the systems of land administration which obt~in elsewhere, and I sliould prefer to leave it to him to elaborate by deg!ee~ the workmg arrangements of a scheme of which I only propound the broad prInCIples .. If the Commissioner of Lands is appointed, as he should be, before any change IS made, he will be on the spot to advise upon those questions of detail which must inevitably come up for decision, but which cannot be foreseen or settled until enunciation of principle has been succeeded by practice. 106. Perusal of the procedure recommended will, I think, establish the fact that at no stage of the proceedings will any such delay arise as will materially prejudice the aims of the concessionaire! until we come to the point where requisi- tion ror survey is made. Here the matter leaves the hands of the land officers f?r the time being, and as there is no prospect that the work of the survey office WIll be carried out with more expedition in the future than it has been in the past, some arrangement must be devised far avoiding the consequences of that delay if the new scheme is to be exempt from one of the disadvantages which most seriously militates against the efficiency of the existing system. Here, therefore, I propose to have recourse to an expedient, for the introduction of which into the Federated Malay States I was responsible at the time of the rubber boom. The trouble there was even more acute, at the time I mention, than it is here. Very numerous applications for rubber lands were pouring in, and the applicants were all anxious to commence work at once, while the Survey Department was con- siderably in arrear even with the work which it already had in hand. It was, therefore, decided that those to whom blocks of land were approved should be permitted to enter upon and develop their properties prior to survey, on the under- standing that they should pay rent from the date 6f occupation and in anticipation of title, and accept the risk of going outside their boundaries as eventually to be su.rveyed. The arrangement has worked well in the States, and it may be applied WIth equ~l success here. When a man has obtained a concession of mining land or .of agrICultural property, the boundaries of which have been approximately ascer- tamed an~ recorded by the District Commissioner, no useful object can be gained by compellmg him to postpone operations pending completion of survey. The Colony ~as already. had t~o much exp~rience of concessions lying idle and undeveloped, and If anyone IS anxIOUS to begm work he should be given every possible form of encouragement. It is not in the least likely that anyone would commence working so ne~r to .the edge of his property that there would be a possibility of his over- s~eppmg hIS boundary, but if he were to do so the risk would be his, and nobody but hImself ~ould suffer by the mistake. r therefore advise that the applicant to whom a concess.IOn has been approved be given permission to enter on and work the same at .any tIme .aft~r the money due in respect thereof has been deposited, upon his ~rItten applIcatIOn to ~hat effect, undertaking to pay rent from the date of occupa- tIOn and to be responsIble for any trespass beyond his eventual boundaries. 107. Having in ~he preceding paragraphs carried the scheme of procedure from t~e letter of applIcatIOn to the approval of the concession and the issue of the lease, It may be ~seful to add he!e a list of the books which should be kept and the fees whICh mIght be charged m respect of the various acts to be performed by Gqvernment officers. Records to be kept by the District Commissioner:- Register of ap'plicati~ns. File of applications. . Account of consideration monies paid. Rent roll.. . iQt'IUn'tel'foil r~lJit boOk. r 29 File of leases for mining } To be eventually bound up by districts. File of leases for agriculture . Register of leases. Records to be kept by the Commissioner of Lands: - File of statements supplied by District Commissioners. File of notices inserted in " Gazette," File of leases for min.ing l To be eventually bound up by districts. File of leases for agrlculture r Register of leases. Cash book. Case book (opposed cases heard and notes taken). The fees to be levied in the first instance might include:- Letter of application £1 " Gazette " notice £1 Notice of opposition £25 Appeal fee ... . .. £50 Registration of lease £10 all of which should, if convenient, be payable in stamps. The list of records and fees will necessarily be amplified later on, but all t~at will be required at the commencement are th~se mentioned above, t?gether ':'Ith such as may be prescribed in respect of transactIOns subsequent to the Issue of tItle, of which mention will be made hereafter. 108. Before the Concessions Ordinance can be withdrawn, it will be necessary to prepare a measure to take its place, .giving legal sanction to the n~w arrangement and investing the Executive Officers with powers to perform the dutIes entrusted to them. It will be well that the Ordinance be framed in terms as wide as possible and that matters of detail be dealt with in the first instance by rules thereunder. Such rules can be altered or added to from time to time as experience discloses what is required, and provisions so prescribed can be incorporated in the Ordinance at a future date, when the most effective form of procedure has been ascertained and esta- blished. The drafting of the Ordinance should be deferred until the Commissioner of Lands has been appointed, and that officer, after making himself acquainted with local conditions and determining the lines on which the new system shall be framed, should collaborate with the Attorney-General in its preparation. 109. I now pass from that part of the subject which deals with the transfer of jurisdiction from the judicial to the executive authority, and proceed to invite attention to certain other matters in which it appears desirable that change should be made. 110. All consideration money and rent which has been paid in respect of con- cessions has been divided between the chief, the stool, and the elders. It is expended in the liquidation of stool debts or on the personal requirements of the principal families of the tribe. No real benefit accrues to the tribe as a whole from the alienation of their land. Occasionally the sub-chiefs will dole out small sums to p~ople to whom th~y may be un.der obligatioI?- or who may be in unusually needy Circumstances, ll;nd III one or t~o Illstances a c~ll~f has been known to erect a building for th~ use of hIS peopl~, but III the large maJorlty of cases the money is wasted and the trIbe as a whole derIves no advantage from it. I consider that the time has come when the Gov~rI.Iment should i~terv~ne and explain to the chiefs that a portion of the revenue arlsIllg from the alIenatIOn of the communal land must be expended in works of permanent benefit to the community. I have recommended that the sums due to the chiefs be paid in future into tIle hands of the District Commissioners I . that those officers be authorised and instructed to retain one~ so paid .in and distribute th:ee-quarters only to the chief and so retamed should be set aSIde to form a fund from which to the cost of constructing works of permanent utility in the ,!8(]~tJrlfJutllng chief. Works which would conduce to the "OpJneIlt of the country and the tribe would include _ : .... .00 ...... clearing, wells, drains, washing places and iehools and opportunities for education. 30 It may be anticipated that the chiefs will raise objecti~n to the arrangement, for most of them really care nothing for the progress. of theIr country a~d the welfare of its inhabitants, and if left to themselves they WIll never study a~y mte:es~s ot~er than their own. Such objections should therefore be overruled, wIth an mtImatI?n that the welfare of the tribe as a whole has ll(:lt been advanced as the :e:,~nues of Its rulers have increased' that Government has undertaken the responsIbIlIty of pro- tecting the interests of all classes, and has therefore determined to divert a portion of these revenues from the pockets of the chiefs to improve the conditions of the people because the rulers have so signally failed to perform that duty themselves. 111. I find that the cause of many of the complications which have arisen over concession cases and most of the expensive litigation in which the chiefs are c~n­ tinually engaged among themselves, is traceable to their ignorance of the boundanes of the divisions over which they preside. As a rule, they profess to be ful~y acquainted with the limits of their respective territorie~, but the inadequ3:cy of the~r knowledge is proved by the continual occurrence of dIsputes on the subJect. It IS not improbable that the value of land · in the Colony will appreciate as permanent cultivation makes headway, and I think the time has come when an effort should be made to have all inter-tribal boundaries determined and demarcated. This may seem to be an onerous task to undertake, but it can be done by degrees, and every boundary fixed is one step towards the elimination of uncertainty and dissension. I believe the chiefs to be generally desirous that the matter should be dealt with and settled, and I think that if an officer is told off to supervise the work they would willingly co-operate with him and provide the labour necessary for clearing lines. Nothing in the nature of survey is suggested because no plan is required; all that is needful is to detail an officer to assist the chiefs in coming to an agreement as to the limits of their respective territories, and to see that the people cut and maintain a line which fixes the limit agreed upon. This is the work upon which the Settlement Officers should be usually employed. They should devote to it the whole of the time which is not occupied in inspecting and reporting upon areas for concessions. 112. Opinion has been generally expressed throughout the Colony that the area of five square miles now fixed as the maximum extent of a mining concession should be reduced in future cases. That is a view with which I concur. If the applicant has properly prospected the land, and has located the position of the payable reef or ground, he will be in no uncertainty as to where to commence work; and however rapidly he may develop his property he cannot make use of more than a few acres at the same time. It is of course impracticable to fix even approximately the area of mining land which can be worked out in a given period, as no two mines are alike and the rate of progress is dependent upon the nature of the soil and the depth, character, and angle of inclination or pitch of the reef; but there is a general consensus of opinion ! that the fullest scope for high class work will still be afforded even if the area is substantially reduce~. I,. the.refore, recommend that the limit of area for mining ) land be fixed at .one square mIle and that no person shall be permitted to hold more than four such areas at the same time. 113. I see no reason for advising alteration of the term of 99 years now fixed as the maximum period for which a mining concession may be granted. No mine can be developed in this country without the installation of extensive and costly plant and a large outlay of capital, and it is right that the mine owner should be assured. of posses~ion for su~h ~ perio~ as ~ill enable him to reap all possible benefit from hIS expendIture. If It IS prOVIded m future that unauthorised cessation of work will entail forfeiture, we may be certain that effective use will be made of the property for so long as it continues in the concessionaire's hands. 11,4. Leases of land for agricultural purposes have been excluded from operatIOn of the Concessions Ordinance, and no limit of area appears to prescribed in such cases. It is now recommended that they be dealt with manner as mining lands, and a limit of area should therefore dimensions permissible in such cases should be SUfficiently , notice of persons desirous of opening up land on. a lal~~ · sc:alE~r~'-'8I'Tl make it possible for anyone to obtain possession,of a'la.r,rerl~" benefi,cUlrl ' use of, I would fix ~e 1imit .a.t·~t:m.l.SQIU.~:-e· 31 and here also I would add that not more than two such areas shall be held by the same person. 115. The term of an agricultural lease may be similar to ~hat of a mini:r;tg lease, namely, 99 years. No tree or plant which the lessee can put m the ground ~Ill endure for more than a portion of that period. He will, therefore, have ample tIme in which to reap the results of his labour, and conditions may have so altered at the end of the term as to make it desirable that the land should then revert to the lessors. 116. In the case of future concessions of either description I think it necessary to insist on work being commenced within a stated period subsequent to the date of the lease; and further, that it shall be continuously and effectively carried on int~e absence of good reason shown for temporary cessation, the penalty for non-complI- ance in either case being forfeiture. In the absence . of such provision in the past extensive tracts of country have been tied up and left lying idle, and the interests of the Colony have been gravely prejudiced thereby. Speculators have seized on concession after concession with no intention of developing them, holding them on the chance of being able to turn them over at a profit to capitalists in Europe, or awaiting a rise in value resulting from the extension of railways and other facilities of trans- port and communication. If the country is to be opened up to the best advantage, the way must be made easy for the man who really means business, and the schemes of the speculative concession hunter must be defeated by making the possession of land dependent upon its efficient development. 117. To take the case of mining land first, the holder of the concession should be under obligation to commence work within a period of two years from date of lease. This does not mean that actual mining operations must be started within that period, but that the preparations necessarily preliminary thereto must be put in hand. These would include verification of the results of previous prospecting work, and further examination of the strata or reef to be operated on-the clearing and levelling of sites-the construction of roads and waterways-the erection of buildings, and the installation of plant. It is not generally desirable that a man should take up a concession unless he is possessed of the capital to work it, or knows where to go for it. It is not necessary, therefore, to allow time for him to go about seeking for it-all that is requisite is that he should be given sufficient opportunity to purchase his plant and engage his staff, and for these purposes a period of two years is an ample time allowance. 118. When work has commenced, the miner should be under obligation to continue it systematically and efficiently, to the satisfaction of the officer entrusted with the supervision of mines. Cases will undoubtedly arise where a temporary cessation of work is unavoidable, but such occurrences can be provided for by autho- rising the Commissioner of Lands to grant a certificate of exemption from work fo], any period not exceeding twelve months upon good cause shown by the miner. If he fails in either of these obligations without reasonable excuse, forfeiture of the concession should ensue under the conditions of his lease. 119. In the case of agricultural land it is not necessary to allow so long a time for arrangements preliminary to development. The lessee of such a property should, therefore, be required to commence operations within twelve months from the date of th.e l~ase, and to cultivate not less than one-quarter of the total area of the property w~th~n five years ~rom the .same date. In the event of commencement not being made wIthm the presCrIbed perIOd, ~he lease should be forfeited, and if at the expiration of five years the planted area IS less than one-quarter of the whole, the uncultivated portion should revert to the lessor, with liberty, however, to the lessee to retain such be!~ of forest and ?ther ~lo~s of lan~ as. may be necessary for the purpose of main. tammg or protectmg eXIstmg cultIvatIOn, and also two acres of forest land in respect of each acre then being under cultivation. those in force in .the M~lay States; they have been regarded as ",1i1fIIl"'W'U be equally SUItable m a country where conditions are not yet been made to fix a uniform rate of payment in respect annual rent. In the case of mining land the power in the Judges, while in that of agricultural land qulest:lon being apparently left for settlement 32 by the parties themselves. It is not to be expected that the.Judges will always hold similar views as to what is the proper amount to be paId, therefore no general standard of adequacy can be attained while the present p:actice contiI;J.Ues. The parties to concessions have, however, gradually come to recogmse t~at c~rtam amounts will usually be approved as reasonable terms, and figures approximatmg those rates are usually inserted in the deeds. There seems,. theref~re, to be no .reason why definite rates of payment shoula not now be prescnbed, fixmg them as nearly as may be in conformity with the sums wliich are now generally agreed upon. 121. The charges to be levied in respect of mining land might be :~ Consideration money or premium, £100 per square mile. Occupation rent, £215 per square mile. Rent after commencement of mining operations, £100 per square mile. The sums to be paid in respect of agricultural land may .w~th propriety be ~xed for the present at rates lower than those to be adopted for mmmg land, as but httle cultivation has as yet been attempted by Europeans, and it is most desirable that it should be encouraged. Also, the rent should be fixed at a unifor:!? rate throughout. The following charges would seem to be reasonable :- Consideration money or premium, £50 per square mile. Annual rent, £25 ,per square mile. 122. The amount to be paid to the Crown in respect of profits accruing from the exercise of the rights conferred by any mining concession has been fixed at one- twentieth of the amount realised. The method prescribed for ascertaining that amount and ensuring its payment appears to be cumbersome, and I should consider it preferable to charge an export duty, but as I understand that that course is not favoured by the mining companies, and that the present system works, on the whole, satisfactorily, it will probably not be desirable to make any change. The arrange · ment should not, however, be made to apply to properties other than mining conces- sions. Revenue from produce other than minerals should be collected in the form of export duty. 123. The provisions relating to the issue of prospecting licences are not alto- gether satisfactory, and I propose to recommend for consideration a system which, in the opinion of most of those whom I have consulted, is preferable to that which now obtains, the objections to which have been indicated in an earlier paragraph of this report. Every intending prospector should make application for a licence to the District Commissioner, specifying the division in which he desires to make investigation. Such application should be accompanied by a remittance of £25, which will be payable to the chief in the event of a licence being issued. The Com- missioner will then ascertain from the chief whether he is prepared to entertain the application, and to assent to the exercise by the prospector of ,his right of selection, should the latter ,be desirous of obtaining a concession. If the chief agrees, the Commissioner will convey intimation of that assent to the applicant by means of a short printed form, in which should be set out topographical particulars roughly describing the situ.ation and size of the tract of country over which prospecting may be carried 0n, and the fact that the sum of £25 has been paid. The applicant will forward this form to the Commissioner of Lands, together with a fee of £5, and the licence will thereupon be prepared in that office. 124. The terms of the licence should be these :-It should set out the name and address of the licensee; it should be declared to be available for a period of three years from the date of issue, subject to the payment of £25 to the chief to be named therein in respect of each year of i~s duration. It should contain a description of the tract of country to be prospected, as reported by the District Commissioner; it should confer a right to select not more than two blocks of mining land not exceeding one square mile each in extent within the area covered by the licence at during its continuance or within six months after its expiration; it '~ll''''Ul.u. that all rights under it will lapse if prospecting be not COlnmen<~ months from the date of issue, or if it be at any time dislcOIltulUed period; it should expressly state that it no ex(~lUl!live r:lllr~T.i~m area mentioned therein, but that 'blocks selection. When furnish~ ~nj)~~ting work on 1IoI\-1~1P 33 District Commissioner for transmission to the chief, and he will further be assured that if he decides to make a selection, he will get a concession. 125. An arrangement upon these lines will, to some extent, effect the same purpose as that attained by options, while free from the objectionable fea~ures whi?h have caused me to recommend the discontinuance of the latter. The lIcensee WIll have the same opportunity for examination and select~on as he would h.ave under a;n option, but he will not ?e in possession of any.grant or ag~ee~ent ~hlCh ~e can represent as conveying a tltle. Further, the contmuance of hIS rIght IS contmgent on his carrying on regular work. 126. Having dealt with the existing methoas of disposing of mining and agri- cultural lands, and offered my suggestions for their amendment, there remains the question of those concessions by which rights in the natural produce of the surface of the soil are conveyed. Under the Concessions Ordinance such rights are granted by the same process as that which governs the disposition of mining lands, that is, they are made the subject of inquiry by the Court, and the right of occupancy passes from the lessor to the lessee during the term of the lease, the latter being under the necessity of expending a large sum in respect of survey fees before he can acquire the rights which he seeks. Now, inasmuch as all that the applicant desires is the right to enter upon the land and remove therefrom timber and other forest produce, it is wholly unnecessary that the property in the land should pass to him at all. The practice of leasing areas for this purpose may be discontinued with advantage to all parties concerned, for the native landowners will then not be asked to part, even temporarily, with their interest in the land, while the party desiring to collect the produce will not have to incur the expense attendant on survey and lease. 127. It will be sufficient if authority to collect aria remove forest produce from a stated area be given by licence, the assent of the chief being obtained in the same manner as in the case of a prospecting licence. Such licence should be obtainable on payment of a small annual sum to the chief, say £10; it should convey authority to the holder to collect and remove the produce stated in the licence, and to make such use of the land as may be incidental to the work of collection and removal; it should convey an exclusive right to take possession of that produce, subject only to the requirements of the native population, and there should be payable to the chief a royalty in the form of a fixed sum per tree for hard timber, and a rate per ton in the case of firewood and other produce. It should be issued for a comparatively short term, say five years, and will, of course, be renewable thereafter at the option of the partiea concerned. The arrangement will not be new to the people, as instances have already occurred in which chiefs have authorised merchants to take mahogany and other valuable timber from their forests on payment of a fixed sum per tree. 128. There remains for consideration the question of the surface rights exerciseable by the holders of mining concessions. This is a matter which has been the subject of some misapprehension in the past, and regarding which some u~c~rtainty exi~ts at the present time. It has certainly been the practice of some ~m~mg compame.s to .m!1ke use of. the surface of tfle land for purposes not strictly mCldental to theIr mmmg operatIOns, and authOrIty for that action has not in all cases been obtained by supplementary agreement with tEe chiefs-consequently the people have in some instances felt aggrieved at what they consider to be a usurpation of rights which have not been expressly conveyed. 129. The possession of mining land must be held to invest the miner with such ri~hts to the surface as are necessary to enable him to carryon his work. These rIghts include the use of the land for sites on which to erect his plant and up the buildings required as housing accommodation for the staff and l~bour to make railways, tramways, roads, and aqueducts, and to cultivate n ......n '"'''''' of raising foodstuffs for his people. He is further entitled is required for use in o~ about the !!line, or for building or properly convert SUItable areas mto dumping grounds. ~1~~Ll~ have not always been careful to remember that as abo,:e, and in making arrangements for the not mfrequently acted as if the acquisition of disposition of the surface. On E 34. every concession where work is proceeding, a suitable block 'w.' the company, and they should pay to t.he District Commissioner an a trading licence, which may be treated as a contribution +",,,",;,11). . 1 expenditure. If the number of traders is not so restridtkd it substantially in excess of and busineMJ '\till b'&.tMtil will look iQr their A~toJll~ra l' .,iri,IJI) ldilll ,,'a,'r,t'tfi.~~ ' 35 in the town had been erected within the concession area, and that the firms pay rent to the mining company instead of to himself. I have beeJ?- furnished .by Mr. Giles Hunt, solicitor to the company, with a copy of the concessIon deed, whICh appears to vest in the lessees such rights only as ar.e incidental to ~he conduct of mining operations. This deed was executed pnor to the passmg of the Concessions Ordinance, but when that measure became law, and the terms of agree- ment w~re considered by the Court, the certificate of validity expressly limited the rights or the company as above, and no supplementary arrangement has been made whereby their privileges have been further extended. It appears that a compact was subsequently made between the Government and the company, whereby the former took over the control of the town, and allotted one-half of the rents accruing therefrom to the company. The owners of the land do not seem to have been consulted, and whatever residuary interest in the land remained with themselves was ignored. It is probable that neither the Government nor the company are legally entitled to the rents rece~ved, which have been appropriated by virtue of an arbitrary arrangement to whICh the landowners were no party, and that the complaint made to me is based upon reasonable grounds. The matter is one which calls for investigation, as the chiefs are .reluctant to question an order made by the Government by means of proceedings in Court. 137. It is not unusual to find that the mining companies are planting cocoa or rubber over such portions of the concession area as ha¥e been cleared of timber and undergrowth. In most cases a supplementary agreement made with the land- owner has vested the mine owner with authority to make use of the land in this manner, and the practice of thus developing otherwise unproductive areas may well be encouraged. But as the interest in the land conveyed by a mining concession does not include the use of the surface for such a purpose, it is not permissible unless ratified by express arrangement between the parties, and local officers should be instructed to see that the terms of concessions and the rights of native land- owners are not infringed by such unauthorised action. . 138. No scheme of land administration can be considered complete which does not provide m~chinery enabIing the owner or'lessee to dispose either permanently or temporarily of the whole or any portion of his interest therein to third parties. It is therefore desirable that there should be incorporated in any future system some simpIe procedure whereby the transfer, sub-division, and charging of land may be effected. . The essential feature of such procedure is registration of each transaction, in order that the officer responsible for the custody of land records may be able to say with certainty whether any area of leased land has changed hands or has been sub- jected to encumbrance. - . 139 .. In the case of transfers and charges the procedure will be similar, and Will conSIst only of an endorsement on the lease and a memorandum of the trans- action filed ~ the reco~'din~ office, the ~emoranda being in a simple printed form, to be prescrIbed by legIslatIOn and supphed by the o:ffice, with blank spaces in which the particulars of each transaction will be entered. ' As the method which I recommend is that which has been successfully adopted for s~me ,Years past in the Federa~ed Malay States, it ?oes not seem necessary to descnbe It at length here, but bnefly outlmed the actIOn to be taken will be as follows: The transferor or charger will fill in and sign a memorandum substantially in the form prescribed in Schedule L of the Federated Malay States Land Enact- men!, 1903, and will pres~nt. it to th? Commissioner of Lands, together with his copy of hiS lease. The CommI~sIOI?-er WIll enter the date and hour of receipt and the p~rtlculars of the transac!10n III a book to be called the journal of transactions, and wll1 endol'Jle upon all COPIeS of the lease a short statement setting out the fact and tEl of'trihgfer or cha~ge, a~d the name of the transferee or chargee, which state- ActIOn wIll then be completed by payment of the prescribed fees. ~.IU·f![e will in the same manner be recorded on the memorandum registered. of land w~ll necessita~e surrender of the original lease area to be sub-divided, when new leases must be way as the. original do~ument. Any applica- l.ac:coJ!Jlf)6Il:ied by depoSIt of a sum sufficient to E2 36 141. The value of mining land in different parts of the Colony vari~s so materially, that it does not seem practicable to ~po.se any fixe~ fee for the regIstra- tion of transfers and charges. I am therefore mclmed to advIse that the fee on a transfer should be 1 per cent. on the value of the property transferred, and that that on a charge should be 1 p~r cent. on t~e am?unt of the mortgage. In cases ?f sub-division the charge prescnbed for regIstratIOn of a lease should be made m respect of each new lease issued. ASHANTI. 142. It is very desirable that the systems of land adminis~ra~ion in for~e in the Gold Coast and in Ashanti respectively should be as nearly snmlar as possIble, and I see no reason why the changes which I have recommended in the case of t~e Colony should not also take effect in As~anti, with such modifications as. are nece~sI­ tated by difference of form in the machmery of the Government. The mtroduc~lOn of my scheme of land administration by executive auth?~ity will effect !l0 v,ery, r~dI?al change in existing procedure, because the highest judIcIal and executn:e JunsdlCt~on is now vested in the Chief Commissioner, who will continue to deal wIth conceSSIon cases, but will handle tliem in his office instead of in Court. i43. For the present, at all events, and until tIle number of applications for concessions materially increases, the Chief Commissioner will have no difficulty in performing the duties wliich I have entrusted to the Comm~ssioner of Lands in the Colony-it will therefore be possible in the first instance to carryon my scheme of procedure without increasing the establishment, if it is considered that the question of boundaries is not of such present importance in Ashanti as to demand the appointment of settlement officers. The chiefs have, of course, no more detailed knowledge of their respective boundaries than is possessed by their neighbours in the Colony, and though 6wing to the lack of demand for concessions the insufficiency of their knowlea.ge may not at present give rise to confusion, the delimitation of boundaries must as time goes on become a question of importance. I am not there- fore in favour of postponement of tne work of demarcation, and I advise that not less than two settlement officers be appointed forthwith. This number must, of course, be augmented when applications for concessions become more numerous. 144. The procedure which I have outlined for adoption in the Colony may be equally well applied to Ashanti, all uncontested cases being dealt with by the Chief Commissioner instead of the Commissioner of Lands, but tEe question of opposed applications requires some further consideration. They will be heard and disposed of in the first instance by the Chief Commissioner, but whereas in the Colony I have provIded for an appeal from the decision of the executive officer to the full Court, the introduction of that procedure into Ashanti is impeded by the fact that the Courts of the Colony have no jurisdiction in that territory. So long therefore as the present difference of system obtains, it does not seem possible to provide for an appeal from the decision of the Chief Commissioner except to the Governor in Council, which is nota satisfactory arrangement. Obviously, however, disputes can only be set~led by the executive authority until such time as tne Supreme Court is vested with jurisdiction in tIie country. . 145. Other suggestions whIch I have offered for adoption in the Colony may WIth equal advantage be made applicable to Ashanti. · These include the retention by Gov.ernment of a portion of the consideration money and rent on concessions, the reVIsed form of prospecting licence, and the substitution of a timber licence for a lease . . 146. In order to offer some encouragement to capitalists to exploit a country ~hlCh ~as not, so far, attracted the notice which it deserves, the terms on which land IS obt~mable may reasonably be easier, for some time to come, than those to be J)rescnbed for the Gold Coast. I suggest the following conditions:- Mining land.- Area, not to exceed two square miles, and not more such areas to be held at the same time. Payments, pet .& Consideration money Occupation rent ... Mining orent 37 Agriculturalland.-Area, not to exceed four square miles, and not more than two such areas to be held at the same time. Payments per square mile: £ Consideration money 50 Rent 25 147. Before leaving the subject of Ashanti, I should like to record in a few words the opinion that I formed regarding the town of Kumasi after inspecting it in the company of the magistrate in charge. The town and its suburban areas ?ompnse all land situated within one mile of the central fort. It has been proclaImed the property of the Government-no land is alienated except for building purposes, the plots leased to Europeans being 160 feet by 100 feet, and those to natives usually 50 feet square. The town has long passed the experimental stage, and is now assuming an appearance of solid and progressive prosperity, the buil~ings recently erected by the principal European firms being superior to any that I have seen elsewhere on the Coast. I have no doubt that the demand for building land will be steadily maintainea, and it is the probability of such regular demand that prompts me to advise the immediate inception of those necessary preliminary measures which alone can ensure regularity of development and obviate the confusion and expense attendant on the rectification of unsystematic alienation. 148. No survey of the town has yet been undertaken, and not even the position and dimensions of the streets have yet been definitely fixed. Areas have been leased more in accordance with the wishes of the lessees than in pursuance of any considered scheme of town planning, blocks of land being divided into plots as and when demand arises for their occupation. Such haphazard methods are not only unsystematic- they constitute a certain source of future trouble, because when it becomes impera- tive to extend or widen streets, or to allocate areas for other municipal purposes, it will be impracticable to attain the end in view without incurring heavy expenditure in effecting the resumption of alienated areas, the value of which will have been substantially enhancE!d since the date of alienation. 149. It is in my view of urgent importance that all main streets, side streets, and back lanes, together with all building areas, should be at once laid out on the ground, provision being made for extension of the same as the town expands. At the same time a comprehensive scheme of surface drainage should be devised and approved. If it is then found that the line of any proposed thoroughfare is blocked or obstructed by alienated land, whether built upon or otherwise, resumption of the requisite area can be effected at a fraction of the cost which may have to be faced if such action is postponed until town values have advanced. When these detaiIs have been fixed on the ground, the whole town should be accurately surveyed, and plotted out as a large scale map, showing all roads, streets, and alienated areas. Then only will the Government really know what lands remain for disposal, and then for the first time it will be possible to effect disposition in such manner as will conduce to regularity of the urban area and the mutual advantage of the Government and the public. PART IV. The Forest Ordinance. 150. The movement which was commenced in 1911 in opposition to the intro- duction of the Forest Ordinance had its origin in the Central Province, and it was only at Cape Coast Castle that objections to the measure were urged upon my attention. Elsewhere the subject was not propounded to me as a matter of imnnrtJlmae. and I have no reason to presume that a desire for its withdrawal is "~_Uil:Ol~101l'~ the Colony. This view is to some extent supported by the fact of the Legislative Council, representing interests in no reason for withholding their assent to the intro- MClrBnvf'!l' in no instance did any of those in Cape Coast l:IUJ~~.:lI:I" that the views they expressed were commonly appeared to consider it sufficient that they 38 \ 151. Cape Coast Castle i~ the h~adqua~ters of the Gold Coast Aborigines' Protection Society, which came mto eXIsten~e m the year 1898 after the succes.sful opposition offered in London to the Land. B~ll of 1897. ~t appe~rs that the chIefs, being possibly elated bJ: the result of th~u mterventIOn m t~at. mstance, expressed a desire for the formatIOn of a body whICh should watch theu mterests an~ ensure united action in the event of any policy being proposed in the future to WhICh ~hey might see fit to object. The Society is composed.of the chiefs of the Central ~rovm~e in association with a number of educated natIve traders and lawyers resIdent m Cape Coast. 152. It is generally believed by those who have not cl~sely examine? its con- stitution that the educated members in Cape Coast really dICtate the polley of the Society, and that the chiefs have little or no voice therein and. a!e a~it~ed to the privilege of membership principally for the purpose of provIdmg It vy-Ith fun~s. I found this to be by no means the case. At least three or four of the chIefs readIly speak, read and write English. Almost all of th~m take in the " ~ove~nment Gazette» and follow the actions of Government wIth accuracy and mtelhgence. There is no doubt that the inception of the Society was due t? t~e expresse.d wish of the chiefs themselves, and that they take as active a part m ItS proceedmgs as any of the educated members. It exists for the avowed purpose of opposing and blocking any action by the Government or by any persons which may, in the opinion of the members, be su?- versive of their interests or likely to be prejudicial to their native customs or theIr canons of land tenure. Funds are subscribed by the chiefs only, no payment being made by the Cape Coast members, but such of them as are lawyers give their services to the Society without fee, receiving only their actual travelling expenses. 153. The chiefs pay an annual subscription of £10, but this is supplemented by special contributions when any movement is made in respect of which special expenditure is anticipated. In the case of the opposition to the Forest Ordinance, such contributions have ranged from £90 to £350 each, and the sum at present in the bank amounts to nearly £4,000. It was explained to me that the collection of so large a sum was deemed necessary because the despatch of a deputation to London was contemplated, but I was also assured that the money stood in the bank to the credit of the chiefs themselves, and that it is open to them to withdraw it should they see fit to do so. 154. The objection offered to the Ordinance by the chiefs and other members of the Society was similar in every instance. Specific objection to any particular section or word was not as a rule taken, but strong opposition was offered to the assumption by Government of power to take over any portion of their tribal lands, even though with the declared intention of administering it for the benefit and profit of the community. It was urged that from time immemorial the control and management of the land has been vested in the people themselves, that the Ordi- y nance i~ in effect an endeavQur to attain the same object as that attempted by the Land BIll of 1897, and that no deterioration of forest land under present conditions and ~o ~dvantage to be derived from its administration by an official department can JustIfy the Government in assuming an authority which belongs to themselves alone. 155. Inasmuch as the general principle of the Ordinance now under considera- tion is sim~lar to that of the earl~er measure which was withdrawn, their objections h~,ve bee~ m no way ~e~ or modIfied by the amendments made in the present Bill. They pomt out that If It becomes law the Government may assume possession of their land on the plea of establishing a system of conservancy, and then put to other uses, even alienating it to third parties for commercial purposes arrogating to itself the rights and privileges 6f ownership which are the tribe. No one of all the persons who gave evidence before me to show the small~st interest in the preservation of forests, or ........" ' ... 6 •• system was explamed to him, that the any ducti.on. had certainly consulted event of their . unable to rl';o"'''~''' improvewent and abft1.q,e was to gi :ij).ein the necessary 39 156. The attitude of those who oppose the Ordinance may. be described as obstructive to improvement and apathetic of consequences. In. VIew, .therefo!e, of the strong case which has been made out by Mr. Thompson for ImmedIate act~on .to restrict the further wholesale destruction of forests and to regulate the mdls- criminate depletion of their produce I have no doubt that it is incumbent on the Government to take measures to ch~ck further waste and improvidence. While, however, the law should be enacted upon lines which will emp?w~r the Governm~nt to effect the conservation of forest lands by rules and methods SImIlar to those whlCh are being successful~y employe? else;yhere, it i~ nece~sarJ:" that regar~ ~hould. be paid to the extreme Jealousy wIth whlCh the natIves WIll VIew any prOVISIOn wh~ch may bear the construction of interference with their ancestral rights. The BIll, as at present prepared, should therefore be so altered that its scope may be limited to the selection, demarcation, constitution and maintenance of reserves, and no terms should be incorporated which by expression or implication will confer upon the Government the power of dealing with reserved areas in a manner not essential to the formation of an effective system of conservancy. In order to attain this end, it appears to me desirable that the Ordinance should be amended in the manner and to the extent indicated below. 157. Section 2: "Unoccupied land." The people take exception to the use of this term, contending that it implies the existence of land over which no right of ownership or occupancy is practised or claimed, and that the expression is incon- sistent with the fact that all land is the property of some tribe or individual. The objection is probably not of much real value, but it would seem expedient to meet it by substituting some other term, such as "undeveloped land" in Section 2, and in other parts of the Ordinance in which the term" unoccupied land" occurs. 158. Seotion 5. After the word" collect" in the third line, delete the word " rubber," and insert the words" forest produce." Also in the sixth line delete the word" rubber" and substitute the words" forest produce." The provisions of the section as it stands are not sufficiently inclusive. There is no necessity to specially mention rubber, because it is included in the definition of forest produce, and the section now leaves other forms of forest produce untouched, neither pro- hibiting their collection nor providing a penalty for taking them. Incidentally, also, the marginal note is incorrect. The" &c." is surplusage and inaccurate, as no produce except timber and rubber is mentioned. 159. Section II. (iii.) (0). The use of the word" lease" in this sub-section is one of the matters which has caused apprehension in the native mind. It appears to them to forecast an intention by Government to dispose of portions of reserves to third parties by lease. I am personally of opinion that such a construction cannot reasonably be placed on the sub-section, as all that appears to be intended is that Government shall take a lease from the landowners. Such an arrangement, however, constitutes p~ocedure which I conceive to be unnecessary, and hold to be inadvisable. The reservatlon of the forest by means of the order of the Governor in Council (Section II. (i)), and the power of management vested in the Government (Section II. (iii) (b)) is all that is necessary in order to place the control in the hands of those in whom it is desired to vest it. No advantage will be gained by providing al~ernative procedure :'Vhich is open ~o the objection that alienation by lease tempor- arIly removes ownershIp from the trIbe to the Government, and invests the Govern- ment with power to create subsidiary tenures by sub-lease or otherwise, the terms of which may possibly be at va!iance with the purposes for which the reserve was created. I thmk that S-ub-sectIOn (0) should be-struck out. In the ~ollowing sub-section it i~ provided th8;t two-fifths of the gross **i1~ta·~:an.be paId to the landowners. It IS presumably mtended that the remaill- Shall be retained by Government in order to meet the cost of forest however, is ~ot expressly stat~d, and c!1n only be gathered ~!ieIlLtly, the chIefs look upon thIS retentIOn as an improper which rightfully belong to themselves. Further, a pro- df the revenues in certain fixed proportions is open to ~~tdtnU.nHJtrll.tl4:m c~ only be accurately estimated when "t.~'Clg>emdlittU"e IS necessary. Three-fifths may prove be necessary to make up the defici- _ .. -........ is required, in which case 40 the Government will be retaining revenues which the chiefs may. r~ason~bly argue should be paid to themselves. If it be conceded that. the ad:~mmstra~IOn of t~e forests should be conducted on lines which, while ensurIng. effiCIency, wI!1 reconcIle the native mind to the new arrangement, it would seem advIsable to provIde tha;t all the surplus revenues should go to the landowners, and it would be well to substItute for the present sub-section a clause enacting ~h:;tt th~ nett annual pr~fits of every forest reserve, after deducting the cost of admInIstratIOn, shall be so dIsposed of. 161. Certain portions of Sections 14, 15, and 16 appear to me to be open to grave objection, inasmuch as they indicate that wh~n Government has secured ~he control of a forest area by the creation of a reserve, It proposes to lease or otherwIse dispose of portions of it to third parties, or to give authority by way of licence to collect and remove forest produce. The declaration of such intention is one of the points which has aroused th: hostility of t~e chi~fs t.o the measure. They are not satisfied that Government WIll be content WIth USIng ItS powers merely to effect the collection of forest produQe, but anticipate that once such powers have been taken, the reserves will be cut up and alienated as. concessions or leased for purposes in no way connected with forest conservancy. . Having regard to the wording of these sections I should heSItate to say that such anticipations are devoid of foundation, and I think that the people have re.ason on their side in objecting to provisions which empower the Government to vest In other persons any interest in reserves of which it has undertaken the management. 162. When once a reserve has been created, it should be worked and. developed solely by the officers of the Department, or by such officers in collaboration with the native owners. The marking and felling of timber, the construction and clearing of lines and paths, the collection of forest produce, and the duties connected with the process of re-afforestation should be performed only by such officers, or by the owners under their direction, and persons unconnected with such management should be admitted to the reserve only when, as prospective purchasers of felled timber, they desire to inspect the logs, or when as actual purchasers they come to remove them. 163. It will probably be objected that the management of reserves upon such lines is unusual, and will necessitate the employment of a larger departmental staff than has been contemplated, but the reply to such contention is that special local circumstances require the adoption of a special system. It must be borne in mind that inasmuch as the creation of a reserve effects no change of ownership, the Govern- ment will be dealing with areas which are not, as in other places, the property of the Crown or State, but are the jealously guarded possession of the people. While, therefore, it is desirable that the interests of these people and their successors should be advanced, and their improvident methods of woodcraft checked, by the creation and development of reserves, it should be made clear to them that operations will be conducted only by the Department or by themselves, and that no opportunity will be given to others to acquire rights in such areas. Moreover, as the cost of the establishment should be a first charge upon the forest revenues, it does not seem open to argument that the employment of a larger staff will prove detrimental to any party interested. 164. I therefore deem it advisable that Sections 14, 15, and 16 should be so recast as to abrogate the power which has been taken by Government to grant con- cessions, leases, or licences in reserved areas, and to limit operations therein to action by the department or by the owners of the land. 165. An addition should be made to the Bill to deal with an important point which appears to have escaped attention. In an earlier portion of this report I have ~ndeavoured to show that in many instances the land appertaining to the stool constItutes the whole, or nearly the whole, of the land which is available for cultivation by the tribe. It is therefore essential to provide that circumstances shall more than a certain proportion of stool priated for the purpose of reserves. Otherwise it is whole of the land attached to a stool might be so " ,riln. .. ." .......· i"f-.~rI would be deprived of their natural means of suJbsi~!tej~Ce, --,''"''''''''' ...... ably be broken up and dispersed. may be taken may with proprie~Y.J>~J1~P;'C~r~:"'C!llg.~lQ.~ but I should lie inclined to fi:t It "iIl"_"" 41 matter in which the Provincial Commissioner should be consulted in each case, as the officers of the Forest Department will not as a rule have knowle~ge ey IR ('ompleted and the plans prepared. Upon completion. ~'IJ_I'PI~llIJlU'" receives the plans from the survey department. or. occasionally they are sent The case is then sent down for final inquiry. The person~ whom 'the Court shall to the genuinene~R of the concession are the head Chief of the is situated. and the owners of ad;acent properties. The but his accredited lin~ist i~ usuallv allowed to represent who i~ presum~d t!> have <;Jetailed"and e::s:pert knowledge lands m the (IIstrIct preRIded over by the Chief whom linguist does represent the Chief, and he is usually 48 acc0D?-panied by the councillors and sub-?~iefs. Somet.imes th~re are two l~nguists-o:ne to checK the other in points of fact. In addItIon to the eVId~nce gIven ~y those Illtere.sted III the concession evidence is taken by the Court from the p:ropnetors of adJacent lands, III order to avoid sub;equent confiicting claim~. If t.he Court is satisfied !'Is to the terms a:nd conditions, and there is no opposition, a certificate IS now granted. It I S, however, possIble under the present system, that after the applicant has incurred considerable expense for survey.and other causes the application may be refused, and . the m<;mey wasted. T~e remedy fOF .thiS state of affairs is that the survey should be postponed untIl after the certIficate of valIdIty has been granted. 13. The time that elapses between the preliminary negotiations and the granting of the certificate is usually very considerable. I have known cases where an interval of one or two years, and sometimes more, has thus occurred. I am of opinion that these periods should be con- siderably shortened, and in this respect the working of the Ordinance cannot be considered satisfactory. Delay is usually due to non-payment of the survey fees by the lessee or the inability of the Survey Department to carry out its work with despatch. I am not able to give any instance in which the delay has been attributable to the Court, but this remark is confined to the Court of the Eastern province, as I am not fully cognizant of what takes place in the Courts of the Central and Western provinces. 14. I am of opinion that the areas prescribed by the Concessions Ordinance for mining and agricultural leases are reasonable, and should be left as they are for the time being. Nor do I see any necessity for altering the period of 99 years prescribed in the case of mining land. As regards timber concessions, I would reduce the area granted from 20 square miles to five square miles. I desire to say, however, that these opinions are in no sense those of practical experience, and that if it can be shown that the interests of the country will be advanced by any alteration of either area or term I would not desire to press my own views. 15. I have reason to believe that the practice exists, by which the holders of mining concessions have attempted, or are attempting, to make use of the surface of the land leased for purposes other than those connected with mining, and I think that in the case of some existing concessions ~uch right has been incorporated in the terms of the indenture. I agree that the surface rights of mine owners should be limited to matters immediately appertaining to mining operations. 16. In the case of mining lands I consider that a period should be prescribed within which the miner should commence work, and that he should be under liability to continue his work thereafter without intermission, unless for good cause shown he succeeds in obtaining from the Government a certificate of exemption for a stated period, as is granted in other countries. Failure to conform to this obligation should entail forfeiture. With regard to agricultural land I agree with the principle that the lessee should be under obligation to cultivate a specific portion of the area leased within a stated period, and that failure to comply with such condition should render the uncultivated portion of the land liable to forfeiture. 17. Having received explanation regarding the system under which licences to collect natural forest produce are issued in other places, I think it possible that some similar system might be adopted with advantage in this Colony. Such a system would be advantageous inasmuch as it would dispense with the cost attendant upon the survey of large areas, and would leave the land available for such operations by the native population as the inhabitants of the district may require. The boundaries of the land to be included in such licences need only be roughly described. The licence fee need not be large, nor the period of its continuance lengthy, while the interests of the land owner would be preserved by placing upon the holder of the licence an obligation to pay to him a prescribed percentage of the market value of the produce removed from the area covered by the licence. 18. If the alienation of land proceeds at the same rate as in recent years I consider it probable that the natives may find the area at their disposal more restricted than is desirable. One r emedy for that would be to reduce the areas of land alienated by concessions. The Chiefs and other educated natives, not having before them ocular demonstration from maps and plans of these areas, have little conception to what extent alienation has proceeded. On the question of increase of population I am llnalille to expl?ess an opinion. 19. The fact that Europeans are working in the midst of the native population is likely to prove of advantage to the latter in the following ways:- By exemplifying the advantages derived under scientific manuring of the soil. By making them acquainted with the planting of new products. By giving them ocular demonstration of improved methods of planting. By giving them an opportunity of learning how to prepare produce for the market on the most approved methods. 20. I would leave the control of alienation of lands in the hands of the High Court. My reasons for this are that the people have implicit faith in the Court, and that there is always the right of appeal to the full Court and finally to the Privy Council. 21. III my experience the Court requires to be satisfied that the proper parties have agreed to the arrangement before it will consent to the issue of the certificate of validity. 22. As a general rule the Chiefs have been persuaded to receive smaller considerations for concessions than they would have expected if they had had a true conception of the transaction. I think that a general standard of adequacy might be arrived at by a conference between the Supreme Court and a body of mining experts. 23. So far as I know the co~sideration is distributed amongst the tribe, and it is apparent that the tribe as a whole derives no benefit I confine myself to practice in the Eastern province. 49 (4) ': ,Mr. FRANCIS ,·THOMAS DOVE, Barrister-at-Law, states:- '- -r. have been personally acquainted with this Colony since July, 1897, and have practised here ever since with the exception of short holidays. . . 2. " As far as I know, it is contrary to the native idea that land could possibly be without an owner. It follows, therefore, that every piece of land is owned by eomebody, but in many cases owners do not know the limits of their land. 3. The rights of the Crown as landowner are limited to the coast forts andr the ground immediately surrounding them, and to such land as has been acquired under public ordinance for public purposes. 4. The land is divided into three classes: firstly; there is stool land, which forms the principal portion of the whole; secondly, family lana, and thirdly, land which is the property of individuals. Some of the latter being in the country districts was acquired before .the practice o£ granting conc~ssions of land for mining purposes had grown up. 5. The . occupant of the stool for the time being is the temporary owner of stool land~ When the King alienates stool land it is his duty to spend the consideration money upon matters connected with the stool, which includes his personal maintenance, the liquidation 'of stool debts, and the expenses of the stool. If there is any surplus it should be divided. between the King and his representative Chiefs. ,. ,', . o. In the case of family land no alienation may take place without the consent of the head and principal members of the family, but not necessarily of every member. Money received on account of family land, as in the case at stool land, may be divided amongst the members of the family. . 7. Coming to the question of tbe Concessions Ordinance, I am fairly familiar with the procedure under that measure. When ~a person wants land he makes his application to the Chief concerned. They settle between them the locality and area, the boundaries are approximately demarcated by the Chief, and they also settle the amount of the consideration money and rent. In practice, however, at the present time it has become so well known that the Court almost invariably fixes .£50 as the consideration ror a concession of 5 square miles, that that figure is usually accepted in the earlier negotiations, In the same way the occupation r:ent is usually fixed at ,£10. The terms of agreement are incorporated in a lease, which is taken to the office of the Registrar and tj:J.ere stamped and registered, when the Registrar gazettes a notice in the terms of the Registration Ordinance. Subsequently the applicant files notice in the Court under Section 9 of the Concessiop.s Ordinance, and later he is notified by the Registrar of the date of hearing. The Court being satisfied of the bona fides of the applicatioll and that payment has been made of the consideration money and of the rent accruing due at the date of hearing, proceeds no further than to make an order of 'survey. The survey fees usually run into some hundreds, and occasionally into some thousands of pounds . At the second hearing the survey plans are produced, and the Court then proceeds to consider the granting of a certificate of validity. The applicant is required to pay all rent accruing due up to the date of the second hearing before he can be considered qualified to approach the Court with his application for a certlficate of validity. Notwithstanding the payment of these considerable sums he has no assurance that the Court will eventually ~rant him his certificate, because in the event of any opposition to the claim arising, the ~udgment of the Court may be, given in favour of the other side. I am of opinion that it is mequitable that an applicant should _be mulcted of large sums of money and yet be exposed to the risk of having his application thrown out by the Court. It would be preferable that in cases where opposition exists, or is apprehended, the issue should be considered and 'determined by the Court before the order of survey is made. S. It is the practice of the Court to summon all parties interested to the hearing, and, generally speaking, I consider that the Court does all in its power to protect the interests of the natives concerned, to ensure the adequacy of the consideration money and rent, and generally to protect the interests of those who are entitled to receive benefit from the alienation of the property. It is, however, a fact, that conditions attached by the Court to certificates of validity vary according to the individual views of the Judge who happens to hear the case. Therefore, as the Ordinh~I";' . ......r iotr. . 51 that sufficient thought is not given to the requirements of posterity, and I have often wondered why the Government has not retained a portion of the consideration' money. 25. In conclusion, I desire to represent that it would be most advantag~ous to th~ nat~ve population if the Goverpment would devise and introduce some ~ethod by w~lCh th~ ah~natlOn of land as between natives may be reduced to gr~ater certa;lllty. Effectlllg ~1!enatlOn ~Y means of verbal arrangement and some obscure nabve forms IS not always decIsIve or sabs- factory. It is comparatively easy to repudiate such arrangements at a later date,. and as time proceeds the terms originally agreed upon may be lost sight of or become uncertalll. My suggestion is that there should be substituted for this customary procedure a form, to be made out in duplicate, shortly and concisely embodying the terms of alienation. This form should be signed by both parties in the presence of the District Commissioner, and when witnessed by him, registered in his office and returned to the parties interested. (5) Mr. CHARLES JAMES BANNERMAN, Barrister-at-Law, practising at both Accra and Cape Coast, states:- In the course of my business I have had experience of the Illienation of land in: the Colony, and of the working of the Concessions Ordinance. 2. I should say that, with the exception of the forts and their immediate surroundings, and such lands as have been acquired for public purposes under public ordinance, there is no Crown land in the Colony. In support of the statement that Crown lands are limited as here described, I am in a position to cite an opinion delivered by Chief Justice McLeod in 1887. In the case I refer to, a prisoner charged with murder was acquitted on the ground that his domicile was outside the boundaries of Crown property, and that he was not, therefore, subject to the jurisdiction of the Court. 3. All other land, whether occupied or unoccupied, is owned by some person or persons. The land may be divided into the following classes: --stool land, tribal land, family land, and land which is the property of individual owners. There are always natural features which enable the owners to point out their boundaries. All land, so far as stool land, tribal land, and family land is concerned, is held on the communal principle. The Chiefs who administer these lands do so more as trustees than in their own personal interest. 4 . Stool land is manag'ed by the Chief and his headmen: it is the duty of the Chief to consult his headmen regarding the disposal of land. Although the latter have the right to be called into consultation they have no power of prohibition. There is no native custom which prohibits the leasing of stool or tribal lands. 5. Similarly, in the case of family land. the head of the family must consult other members before disposing of land. 6. In the case of individual property, the proprietor can, of course, do as he pleases. 7. The consideration for land alienated takes the form of a lump sum down and an annual rent. It is the duty of the Chief to divide this money into three parts. He takes two-thirds for himself to maintain the dignity of his stool, and one-third is divided amongst his headmen for their private purposes. So far as I know this rule has been carried out in practice. No portion is spent in the interests of the community, who are in the position of having had a considerable portion of their land alienated without receiving anything for it. Also those who come after them find the land alienated without any material benefit to them· selves. '1.'he advantage is confined to those who happen to be in power at the time of the alienation. The administration by the Chiefs of these sums of money has in the past been open to criticism: in fact it may be said that they have been wasted. I think it would be more equitable if the money were disposed of in such a way that a benefit, if only a small one, should reach the tribe generally, and those who come after them . Money appropriated to the stool has been frequently used in the liquidation of stool debts, the existence of which is largely due to litigation. Of course, some stools have more debts than others. I think it would be equitable that a portion of the money received should be set aside for the improve. ment of the district. I suggest that the proportion set aside should be 10 per cent. 8. As to the working of the Concessions Ordinance, I understand that in the first instance the applicant makes his application verbally to the Chief direct, and, of course, through an interyreter. The Chief also usually avails himself of the services of an interpreter. The applloant states the area and situation of the land, and the price he offers. The matter then becomes the subject of negotiation and mutual agreement follows. The terms of the agreement are then in a deed, which is signed by both parties, the Kings usually placing a mark. in duplicate, is stamped and registered by the applicant, and then filed in the Registrar of the Concessions Court. The Registrar then publishes the Ordinance and subsequently the application comes before the Court . so far as the issue of an order of survey. The applicant then has fee with the ~urvey department, the further hearing by the Court are furmshed. At some date after the receipt of the plans .ucati.on for a certificate of validity. application being made direct to the Chief. On the other l'888OD it should not be made in writing to the local Chief of the proposal, advise him as to the assistance in the matter of the amount to be G 2 52 received.- It is within my knowledg'e that Chiefs occasionally decline to ' sign the deed until it has been explained to them in the presence of the District Commissioner. 10: . As to the delay that occurs ~etween the preliIIl:inary arrangement ~nd the granting .of a certIficate of validity the proceedmgs take at least SIX months and sometImes much more. This d.elay is prejudicial to both parties. In many cases the delay is caus.ed by the inability. -of t.he applicant to complete his an:angements, and is therefore not the fault either of the Ordmance or the Court. ' II. The survey fees usually amount to a large sum, possibly a few hundred pounds. The applicant has to deposit that amount without any certainty that he will eventually get his certificate of validity. Should the Court for any reason decline his application, that money' is lost. I consider that all payments in respect of a concession should be postponed until the -certificate is issued. ' 12. Reverting to the question of delay, time is frequently lost after the issue of the Drder of survey owing to the department not being able to cope with the volume of work entrusted to it. I know of no delay that takes place after the survey has been made. The applicant is usually anxious to proceed, and the Coud can g'enerally deal with cases without the Chief has. nl? right to a voice in its disposal. ad there 1S therefore a hmItatIon of the communal holding the Chiefs began to take more ;g!'9r-.llecclflu...~,illlat the possession of these lands to themselves. This new interest 56 brought about a desire on the part of the Chiefs to deal wi~h la~d for their own benefit without consulting their tribes. The pecuniary advantage of a~lena~lOn of land to Europeans has ~empted the Chiefs to avoid the ~uty of consultlllg theIr trIbes, and to assu~e rIghts oyer the land to which they are not entltled by the customs of the country. Ther~ IS a c~se whICh 'occurred in the cocoa district in which the Chief was K wesi Akuffo of Akwa plm. HIS d~stool. ment. which occurred five or six years ago, was due entirely to a claim asserted by hmi' to- cert~in unoccupied lands in the division. ' , 8. There is no native custom covering the distribution or disposition 0rmoney reCeived as the price of lan~ alienated, except in so far as it is usual .to place one·thud to the benefit of the stool one·third to the lienefit 01 the elders, and one·thlrd to the benefit of the people. The experi~ce gained from inquiries tends to make me hold the opinion that such di~position has usually been effected. It is very exceptional for the Chief to appropriate the whole of the money. It would be considered a .very serious thing for: him to do, and he would. probably be destooled. The Chief could not alIenate a large area wIthout the knowledge of hIS people, and it is open to them to see that he makes proper use of the money. It is the duty of the 'Chief to discuss the matter with his elders and people before entering into any negotiations relating to the alienation of land. 9. Some stools are in a very precarious financial cond'itio.n owing to the existence of sto.!-'ll debts, which are principally due to. litigation in land affairs. I can remember no case in which a stool has been heavily in debt for any o.ther reaso.n. That portion of the consideration money which is appropriated to the stool is sometimes u~.~~, ~~ liquidatio;n of stool debts~ ~nd the more the stool debt is paid off the greater the opportulllty of the ChIef for further lItlga· tion, of which the native seems to be very fond. Therefore the disposition of money in favour of the stool would usually have the r~sult of benefiting the members of the legal profession. Previous to the arrival of the European capitalist there was a tendency on the' part of the native Chiefs to litigation, and since that time the amount of litigation has increased enormously, as have the costs. 10. Application,S for land are usually made direct to the Chief. Negotiations must. tlierefore be through an intermediary, and both parties are thus in the hands of a person who is usually a native clerk employed by the applicant. HI) would therefore not be a person of any standing, and in all probability would not even be connected with the tribe. I think, therefore, he would have a tendency to consider the advantage of the applicant rather than that of the Chief or the tribe. . 11. I do not think the Chiefs have the slightest idea of the extent of the lands they are conceding. They probably have no conception of what a square mile is. They only have, knowledge of the money they are to receive, and have such misconception regarding the area that they would be more likely to dispose of a velY large area fora moderate sum than of a much smaller area for a sum of money only slightly less. TheY' merely seek money, and have no appreciation of the value of'the land . • 12. In more than one case it has happened that the Chief has alienated the same land to more than one person. This is more on account of his ignorance of the area leased than. of any deliberate intention to defraud. 13. Personally, I do not think that the interests of the Chief and the tribe are adequately protected. I think, in order to do this effectively, it would be necessary to alter the present Judicial system, or to transfer the supervision of land matters to the Executive. . 14. I see no reason why the first application should not be made to the office of the District Commissioner. This would enable the District Commissioner to at once place himself in communi'cation with the Chief concerned, and to advise him as to the land to be alienated and the terms which should be obtained. 15. The Court summons to the hearing of Concessions cases such witnesses as it considers necessary. I have no personal knowledge as to the source from which the Judge obtains his information as to the 'persons who ought to be called, but I understand that he gets it 'from the barristers in Court. It is possible that some important witness might not be called. 16. The persons upon whom the Judge ,is dependent for a statement are usually as follows: -Sometimes the Chief attends in person accompanied by his linguist, and sometimes the linguist attends for him; an elder selected by the Chief and perhaps two or three witnesses. This cla.ss of evidence is likely to be of an unsatisfaetory character, and it is difficult to see how tlie Judge, who is unacquainted with local circumstances, can be able to detect inaccuracies 'or false statements. 17. It 'would not, in my opinion, prejudice the interests of the native community if alienation of concessions of moderate area were permitted to continue, but I deem it advisable that in the case of mining concessions the rights of the natives to farm unoccl)dlied portions of the surface of such areas should be preserved to them. '. 18. The labour force employed on the mines is principally composed of other countries, but the natives of the Gold Coast are acquIring some advantl~if4~~D and practising trades incidental to mining. There is also an advantage to farmers, who ,find new markets for their produce. 19. i: consider that the presence of European :planfers in: advantage to the native community by acquainting them with iml[)r9"i~ and preparation of Ilroduct.s. 57 (8) Captain EDWARD FREDERICK ·WILLIAM LEES, R.E., Director of Surveys, states:- I have been in charO'e of the department since January, 1908. Previous to that I was III the Colony between 1901'" and 1904 ill connection with various boundaries and surveys. 2. Surveys in connection with the alienation of land are partly ca!ried out by the department and partly by licensed surveyors. We have a separate topographIcal branch. The number of surveyors attached to the department varies, at present there are eight. Ther.e are a considerable number of licensed surveyors, but their work is always found to be unrelIable, and, as such, is not accepted by the department. The licences to these men were ~ll granted prior to my taking over the department. Practically all the work passed by me IS done by my own staff. 3. When I took over the department there were no arrears of work, but the number of applications for surveys has increased so much since then that it is a matter of difficulty for the department to keep pace with them. At one time we had an extra staff or surveyors. Weare now gradually getting up to date with our work. At present there are 20 surveys outstanding that may be considered pressing and urgent. During last year we surveyed 200 square miles that have been or will shortly be alienated. These surveys have been carried out in different places all over the country, but mostly in Tarquah and for the Wallace Company. 4. '1'he average cost of the survey of an area of five square miles is £370. Of this amount it is in my discretion to say how much shall be deposited in the first instance. I usually insist on about three-quarters being deposited. 5. We have a sufficiency of traverse work in the Colony. The average distance of a connection would be three to four miles. The cost of connection in addition to survey usually works out at about £8 per mile. 6. The surveyor of the department makes a rough computation in the field, but the tinal computation is made by the office staff. In an ordinary survey the limit of error is about one in 5,000. The actual permissible error is one in 2,000. 7. All boundary marks follow the direction drawn up by the Government for the guidance of licence holders, but it is in my discretion to decide which of t.he marks laid down in the Ordinance shall be erected. The marks are set up by t.he department . In a case where there are a large number of concessions belanging to one company, the firm usually delivers a supply of angle irons to the surveyor on the spot. In the case of isolated conceSSlOns which may be situated a long way off, the usual practice is to utilise hard wood or pitch pine boundary posts. 8. I consider that concessionaires have been put to very little expense in respect of boundary posts. 9. In the first instance I receive a request for survey from the applicant, who forwards a copy of the order of survey to me. The information on which the Court orders the survey is obtained from the witnesses at the hearing, and the Judge of the Court has no personal knowle'dge of the country and locality in respect of which he has to make order. 10. The order of survey gives details as to where the boundaries will be found and of the marks, distances and direction, and they are therefore instructions to the department. It also states that it is io be "tied," but leaves the" tie" point to the discretion of the department. 11. When I receive an order of survey, I write to the lessor and ask him to tell me where the land is situated, and then to arrange for a representative to be there on a certain date to point out the property to the surveyor. As much information as we can get is thus gathered from the local headmen. 12. The details contained in the order are of no value to me. The sole information that I have, other than that which is given to me by the local people, is that obtained from the schedule on the lease, and on this latter I have to depend. The work has never been carried out in accordance with the contents of the survey order. 13. It is not in my experience that the Court has ever made orders which have caused unnecessary expense to applicants. 14. The period that elapses between the receipt of the fee and the completion of the survey might amount in an extreme case to two years. It depends largely on where the land is situated. 16. _ nine cases out of ten our work includes the cutting of boundaries. approximate total area of the Colony is. I believe, 24,300 square miles of which alienated up to the 31st December, 1911, 879 square miles. Addi~g thereto c():nc.~ssiOIIS now pending in the office. the approximate total amount of land rtuicates of validity have been issued up to date will be 1,130 square miles. no survey work in arrear now, but it happens sometimes that order of survey and deposited the fee, find that they have not conc~sion. :rhe depa~ment is equ~l to the demands made ataft m the field and m the office IS sufficiently strong to Commissioner's Court and makes Commissioner, who forwards to Neither in the Colony nor In B Ashanti are the particulars suffic.ient tc? enabl,e the surveyor to go !nto the fi~l~l an~ get on ~ith the work until I have made my mqUlnes. 'lhe progress of work: III Ashan~1 IS Ratlsfactory, .we are nearly up to date. The area of Ashanti is 24,800 square mlles, of whICh 408 square mlles have been alienated. 19. If applicants for concessions would under~ake to provid~ licensed sur."eyors who. are c0mpetent to carry out reliable work, the pro~edure m the office mIght be matenally exp.edlted. The concessionaire naturally prefers to get hlS work done .by the GovElrnmeut, because It cC?sts him 1ess than obtaining an outside surveyor and also payll1g the department for the checkmg work. There is only one licensed surveyor that I know of whose work I can rely on. 20. There have been very few planting concessions, but they ar~ increasing. I do ;:tot get an order of survey if these concessions are for less than one square mlle, and I know nothmg of these small concessions. 21. I have no requisitions pending for the survey of timber concessions. (9) Chief MATE KOLE of Manyo Krobo, Eastern Province, states: - As regards my own property, two areas of land have been leased for agricultural purposes: there is no mining land. 2. All land in the Colony belongs to one of the three following classes, viz., stool land , tribal land, and individual property. I do .not think unoccupied land belongs to the Crown. 3. There is no absolute continuity of land tenure all over the Colony because customs vary in different districts and with .different tribes. 4. A Chief can only sell his own property. Before he can dispose of stool land he must obtain the consent of the elders and sub-chiefs. Stool land is never the private property of the Chief, and he cannot will it to whom he likes-it must go on to the next Chief. No sales of land took place in former days because there was no demand, but the custom has grown up and has been recognised by the Chiefs and tribes in order to conform to the requirements of European traders. In the case of private ownership, which is possible in some instances, the land is quite out of the control of the Chief. The sale of such land is subject to the consent of the owner's family. 6. When land is leased the consideration takes the form of the payment of a lump sum in the first instance, and further annual payments in the nature of rent. That payment is made to the Chief, but it is not his actual property. It should be divided amongst the Chiefs of the tribe, the King retaining a portion for his own use . Each may spend his share as he likes. Where there are stool debts, the money should be appropriated in the first instance to the discharge of such debts. ,Vhen this occurs no division of money is made amongst the Chiefs. 7. The existence of stool debts is not general, and where they occur are generally the result of prolonged litigation. 8. I am able to say that in some cases portions of money received in consideration of land leased have been appropriated for public improvements, such as wells for the villages. So far as I am able to judge, not havin& bad personal acquaintance with cases in which large concessions have been granted, it woufd appear to be a desirable thing to set aside a portion of the consideration money to form a fund for the development and opening up of the country by means of increased facilities for travelling and transport. If in course or time alienation of land in my own country were to proceed on a larger scale than at present I should feel inclined to make some such arrangement for its development. 9. I am of opinion that, having regard to the requirements of the native community, the area of mining concessions should not be so much as 5 square miles. I w6uld further add a limit prohibiting any Chief from alienating more than 20 square miles of the property attached to his stool. I consider that a period of 99 years is too long for a mining lease; I would limit it to 25 years. 10. As regards agricultural land, I would say that the Chief should not alienate more than 20 square miles of stool land for that purpose, and I and my people feel Bt]~ODIQ'lv the period of alienation should not exceed 25 years. Our reason for su&,gesting lino.itatiol! is that in the case of cocoa and fruit trees the trees are bearing frult after at the ep.d of 25 years the trees are old and do not give much fruit. Our in respect of a country in which the principal products are cocoa, palm trees, and yams, all of which are comparatively shor~lived products. 11. Coming to the question of to me that in the number of the lDJla[llt~mt:B, .. u.uo,.v ....u population that to our the right f~l~t;i~~~t~h~~at' I is not ,)9 similar increase is proceeding in other parts of the country. If I am correct in my surmis.e r it is apparent that the needs of the population in the matter of land 30 or 40 years hence wIll be considerably in excess of what they are at present. 12. In addition to the usual form of shifting cultivation, my people go in extensively for cultivation of a permanent nature, particularly palm-oil tre~s, coco~, and rub~er, ~nd now that profits are being made by those in possession of plantatIOns then example IS bemg followed by others. Most of the plantations are the individual property of the owners, ~nd these properties can be sold without reference to anyone but members of the owner's famIly . In the case of those plantations which ani situated on stool land, the rights of the owner are limited to culture-and usufruct. There is no right of alienation. So far as individual property is concerned, the owner has also the power to mortgage the land, but in the case of stool property only with the consent of the occupier of the stool. This is a procedure that very seldom occurs. 12. The right of the members of the tribe to collect forest produce is limited to the forests in the possession of that tribe. They can also collect such produce upon stool land subject to the consent of the Chief, and to their delivering a portion of the proceeds of the sale of the produce. The portion would vary in accordance with the amount received. 13. Particulars relating to the two concessions granted in my own country are as follows :- Applications were made some time early last year, and the areas granted were about 3t square miles, H square miles being stool property and 2 square miles being family property. The applicant originally asked for a much larger area, but in accordance with the wishes of my people the grant was limited to the comparatively small areas mentioned. 14. I have personal knowledge of a case in which a Chief granted 32 concessions of 4 square miles each at a rental of only £50 each, thereby depriving the people of permanent cultivation over the whole of this extensive area. The Government should not allow the Chiefs to do this. (10) FREDERIC HARRISON GOUGH, Senior Puisne Judge of the Gold Coast Colony, states :- My appointment took effect in England in November, 1908, and I began sitting in March , 1909. I have therefore had three years' experience of the working of the Concessions Ordinance. I have sat almost exclusively in Sekondi. 2. I am aware that proceedins-s take place in the matter of applications for concessions before the inguiry in Court. NegotIations take place between the applicant and the landowner, and a prelimmary arrangement as to situation and area of land to be conceded and the price to be paid for it is come to. These terms are incorporated in what is called an indenture. Under section 9 of the Ordinance this document has to be taken to the Registrar of the Court, and the notice is filed after having been stamped. These documents have frequently been registered in the Land Registry, although as a matter of fact there is no provision that prescribes registration. The Land Registry Ordinance, which precedes the Concessions Ordinance, has a provision stipulating that documents should be registered , and I take it that this provision would also cover concession agreements, as they are land indentures. After filing, the notice is gazetted and a period of three months must elapse before inquiry takes place. 3. Before the matter comes into Court it is a standing order that notice of the inquiry shall be served upon the grantor, his linguist, his chief councillors, and, if he is a sub-chief, the paramount Chief. When the matter comes before the Court those whose evidence is required are present; if not, the Judge will issue instructions for them to be called. The claimant usually sees to this, but I have occasionally had to send for other people. 4. The Court proceeds to satisfy itself that the proper parties have agreed to the concession. The claimant's counsel exa~ines the grantor; he asks his name, if he remembers having given land to a white man, the SItuatIon of the land, and the name of the white man. Then he is further quest~oned as t.o why he has given the land., ~he amount of consideration money and annual, rent he IS to. receIve, both ?e~ore and after mming commences, and the length of time for WhlC.h the land IS co~ceded (thIS IS g:enerally 9~ years). He is also asked if the agreement has been tran~lated to him" and, If he. IS a sub-chIef, the name of the paramount Chief, who should Bend hIS representative to put hIS mark to the agreement. The linguist is then called- h~ represents more the pe?ple than the Chie~. ~imilar questions are put to him. If the Chief trIed to le~e land .that d~d not belong to hIm, It ,!ould soon get known and opposition would at once arlle. It IS pOSSIble that there may occaSIOnally be Important evidence which is not before Oourt. Sometimes oue of the persons called does not appear, and I only grant a A Bub-chief usu~lly attends the hearing in person, but more often than not a representatIve, who has pers,?nl!l knowledge of the arrangement. All through someon.e else-as IllIterate people they must have a witl1ess. be accompamed by another person to ch~ck him. I do not think' areas they grant. As a rule the natIve has a very hazy idea land he is granting. ~i8BIlWl to reduce the area of concessions that have come before occasionally the amount of the consideration JIll' rent agreed upon is not as high as in HI 60 7. The Chiefs have as much knowledge of the terms that have agreed upon as may be reasonably expected. They have learnt by experience considerably more than they knew a few years ago, and they now make arranO'ements knowing what they are do~ng. Sir Brandford Griffith ~sed to say that the Chief shouf~ be paid a percentage ?f profits mst~ad of .ren.t, but under tIllS arranO'ement he might get nothmg, and I prefer a defilllte rent. He IS also mdlrectly remunerated by t he demand for labour which arises. 8. There is no real standardization of consideration money. If I find that the amount is £250, that is a fair amount, and I let it go. I generally pass £150, but £100 would be an a bsolute minimum. 9. I do not think it does much harm to the native when the land is held up pending IDinillg operations, because it only prevents them selling it again-it does not exclude them from the use of it. The occupation rent would probably be about £30, but might be as low as £12. Sometimes the mining rent is made payable on a given date, whether mining has been started or not. \Vhen I came here I began makino' this period five years from the date of the concession. Mr. Hunt, who is advocate for all the mining companies here, asked for a t est case, and I agreed, and heard evidence as to the expense and time it t akes to r aise capitaL I was impressed by what he said , and I ai-ranged to- give eight years in future, whilst some .Judges give ten years. On the other hand, ,some Judges make no such order. The mining rent is usually from £250 to £300 a year . 10. At the first hearing an order of survey is given upon a printed form, and any particulars which the Judge thinks necessary are written on the back. I never -give instructions as to how the survey shall be made, as I do not think I could usefully do so, Information as to where the land is sit-uated is in the deed, a copy of which is sent to the Director of Surveys. I :have no personal knowledge of the land, and it is because of the absence of such knowledge that I r efrain from giving instructions. I think the survey department can do better without any instructions from me. I have no knowledge of any case in which . the J udg-e's instructions have resulted in the survey being inordinately costly. When the order has been made everything Temains in statu quo until the applicant deposits the fee with the Director of Surveys. When it is paid the department proceeds to carry out survey at such time as is convenient to it. It may happen that a year will elapse between the date of the order of survey and the presentation Qf the plans to the Court. The matter then comes before the Court on an application for a c ertificat e of validity. 11. Cases do occur on account of opposition or otherwise in which certificates of validity are not granted. Therefore a man is in the position of having paid a large sum of money for survey fees, and, possibly not getting what he has paid for. Opposition, however, usually arises at the first hearing . I do not think this has happened in my Court. 12. "When once the notice has been filed there is no provision enforcing the automatic cessation of such concessions as are not proceeded with in a certain time. There is a provision by rule that the Court may strike out a case, but it is not in a position to do so unless it is so moved by an officer of the Court. There are some hundreds of notices st anding on the r ecord of my Court dating back in some instances for 10 years. It would be advisable to make applicants take action within six months or pay a penalty. Another six months could be gra'!1te~ after payment of this penalty, and then if nothing had been done they should lose the conceSSIOn. 13. After a claimant has proceeded so far as to pay the survey fees, he can do nothing further until the survey has been completed. If during this time people trespass on his property I would allow him th~ right of proceeding against the trespassers. 14. Cases occur in which two concessions overlap one another. They may have been granted by two different Chiefs or by the same Chief. I then decide according to priority of concession or date of registration .. 15. The only suggestion I can make to prevent waste of time in working under the present Ordinance is a mOTe frequent appearance of the Law Officer hefore the Court. 16. On the question as to whether alienation of land should be within the jurisdiction of the Court or of the Executive, I hold very strong opinions.. I consider that the whole business should be supervised and carried out by the Executive. The Judge is not subject to control, and section 13 gives enormous power to anyone . who is not supervised. The extreme amount of discretion allowed is such as to make it undesirable that the supervision should be in the hands of one who is not under control by a superior officer. 17. It i~ quite impossible for a Judge to have such exact knowledge in these matters as an executive officer on the spot. I, personally, never stir out of Sekondi, except occasionally to Axim. Therefore, however complete and accurate the evidence put before him, he can have no first hand information. 'I.'he executive officer would be guided, on one hand, by rules and, on the ot-heI· hand, by his discretion, and on those points on which he is guided by discretion h. would be supervised by his superior officer. 18. I consider that administration by the Executive 'would be more eXl(JIltIiti~~MIl! present system. 19. The Concessions Ordinance grew out of which it was a substitute. The reason w-tb!at the Co'Ii'i't is more . popll-JLa.1'...-t!.It'Ml"·~tifat of 'the CO\lit. I do 61 and the Court would have to deal with it in a judicial manner. I would prefer that the appeal be to the Governor in Council, although probably the natives would rather that it were to the full Court. If the appeal were to the full Court it would enable the native to continue to employ legal advisers, a thing which appeals to him. There would also be. no objection to the native lawyers practising before the Executive as Parliamentary lawyers do III England. 21. With regard to the area and term of mining concessions, I prefer not to express an opinion. I have no practical knowledge of mining. 22. I do not think that alienation of land has gone far enough to deprive the native of land that he requires for his own use. The Colony is sparsely populated. The presence of European industries enables the natives to earn higher wages, and they get money out of the land that they would otherwise never have got. They learn trades which enable them to become more useful members of the community. 23. At present there is no limit imposed upon the total amount of l and that may be alienated by a particular tribe, and a Chief in his ignorance might dispose of all his land, and thus deprive his people of means of subsistence. I think they should not be permitted to dispose of more than a certain portion. 24. I do not think it desirable to impose an obligation on concessionaires to commence work within a certain time. 25. I would limit the surface rights of miners to such as are strictly appurtenant to mining. They should not be permitted to use the surface for other than mining operations. 26. I should like to put on record the following: -The fact that the Concessions Ordinance requires an applicant to obtain a certificate of validity does not prevent his working an uncertified concession-it only prevents him from substantiating his right in the Court. If he wants to go to law he must have the concession surveyed and get a certificate. I do not think this is a desirable state of affairs. Of course the Ordinance embodied a new idea when it was made, and everything could not be thought of at once. 27. When there is opposition, dealing with these· concession cases takes up a good deal of my time. As a rule the Court keeps up to date with civil and criminal work, as well as with concession cases. The Court has no real back work. If concession cases remain in the hands of the Court, I do not think the Judges will have too much to do. (11) HERBERT CHURCHILL 'W RIGLEY GRIMSHAW, Acting Provincial Commissioner, IV estern Province, states:- I have been in the service of the Colony since September, 1902, during which time I have acted as District and Provincial Commissioner in different parts of the Colony, principally in the Central Province. 2. The Crown has, so far as I know, no land with the exception of such as has been acquired by agreement or under the Acquisition of Lands Ordinance. All other land is owned by the native tribes. 3. The paramount Chief administers as a trustee for the people all land belonging to the tribe, and such land is known as stool land. Some of the stools also possess land which is known as family land. Next to the paramount Chief come the small Chiefs, under whom are sub-chiefs. So far as I can gather, the land belonging to them is carved out of the land belonging to the stool. This land is held on behalf of a group of villages, and is administered in the same manner as stool land. Then we come to the village headmen, who may have more than one village, and have village land, which is ag-ain carved out of the stool land. In addition stool lands have been gl'anted to a pal'ticular family and occasionally to an individual. These lands would Reelll to be outside the jurisdiction of the Chief, and al'e administel'ed by the heads of the familie~ and elders for the benefit of the family. There are cases in which individuals claim land for themselves, which land has been granteu to them by the Chief for a small sum of money. Land in individual ownership is generally confined to urban or suburban properties, and is usually the site of a house and its immediate surroundings. 4. A Chief may not dispose of any stool land either by le:lsing or selling, without the oOD8ent of his elders and the head and foot of the stool (the two principal members of it) but he may do 80 if he obtains their approval. This is in accordance with. native custom. ' must obtain the consent of the paramount Chief before alienating his Chief has no real control over this land: but he has to be is entitled to a portion of the money received. alienated, the consideration money is paid to the head Chief elders should be present when this money is paid. consideration of land alienated is a matter and if he is a sub-chief he must send a Chief keeps a third, which he is supposed the Chief for his own use. He Ullle-tJlu'd to the elders of the tribe, which the land is taken. and those who follow 62 them are concerned, they have lost the use of the land without having received any compensation, or material benefit. The portion that goes to the Chief is used to meet the cost of periodical ceremonials, or, in cases where there are stool debts, it may be appropriated to their liquidation. In some cases stools are very heavily in debt. One stool, to my personal knowledge, is in debt to the extent of some £5,00U. A good many of the stool debts have been incurred in litigation, and when consideration money is used to liquidate these debts a further opportunity is provided to the Chief of indulging in litigation. Money distributed amongst the elders is partly used for their own benefit, and putly, as in the case of the Chief, in keeping up their stools. 8. I agree that it would be a good thing to retain a portion of the consideration money,. and possibly also of the annual rent, and create a fund to be used in works of public utility and for the improvement of the condition of the people in the district. I do not think the majority of the Chiefs would object if they were made to understand that the Government were- going to use the money for the good of their people. 9 . Negotiations in respect of alienation of land are conducted in the first instance. between the Chief and the applicant. The applir.ant describes as well as he may the situation and area of the land which he desires to acquire. The amount of the consideration money and subsequent rent are then settled in negotiation between the parties if the Chief is prepared to alienate the land. 10. Some earlier concessions comprised very large areas. I do not think the Chiefs in the past, or eVen now, have any real comprehension of the size of the area they are. giving; they do not realise what a square mile is. They understand what they are to receive, but do not appreciate what they are concedin&. Naturally the applicant is anxious to acquire the property he desires as cheaply as possible. 11. My view is that the preliminary negotiations between the two parties might proceed as at present, but that in the interests of the Chief and tribe the lease should be examined and ratified by the Provincial Commissioner before it is accepted for stamping or registration. 12. The procedure under the Ordinance is to the effect that the deed of indenture is- brought down and stamped, and then presented at the office of the Registrar, together with the notice prescribed under Section 9, and thereafter at the expiration of such time as is also. prescribed, the notice having been published in the Gazette, the case comes before the Court for inquiry. The Court then ascertains who are the proper parties to be called as witnesses, and has them called. '\Then the witnesses have been examined, the Court, if satisfied with the evidence, issues an order of survey, and proceedings, so far as the Court is concerned,. terminate for the time being until the survey has been completed and the plans prepared. The Court, on receipt of the plans, proceeds with the final inquiry, and if all is in order,. and there is no opposition, the certificate of validity is granted. 13. There is no obligation for the deed of concession to be registered at the time of filing the notice, and, in my opinion, that is a defect. 14. I do not know how the Court satisfies itself as to who are the proper parties to be· called to give evidence. As far as I know it judges by the names of the parties on the deed. It is quite possible that it may happen that the whole of the evidence and the best evidence is not brought forward, and the Court may be unaware of its existence. In some cases an interval of weeks elapses before the witnesses can be brought down owing to their being resident in distant parts of the country. 15. After the order of survey has been made the applicant has to deposit the survey fees, which may run into hundreds of pounds. Pending survey, the Court takes no further action. Surveys are never done expeditiously and sometimes they are very slow. The applicant has to spend this money before he is put in possession of what he is paying for. It would be- more equitable to have the concession approved to him before he is asked to pay the fees. I see no reason why he should not be put in possession of his property pending the issue of the- certificate of validity, subject to his taking the risk of going outside his eventual boundaries. I can see instances in which this system ,""ould be beneficial, especially in relation to agricultural work. 16. The area of 5 square miles permitted under the Ordinance strikes me as being rather large, but I should not like to express a definite opinion as to what it should be. If the pFactice of subleasing properties by mining companies is prevalent in the Colony it follows, I think, that the areas granted are larger than they can properly work. 17. As to the term of years for which a concession is granted, I can offer no decided opinion, although it might be an advantage to have a shorter term, with option of renewal. 18. With regard to the surface rights which should be permitted in the case pf mining' concessions, lessees must first of all build houses for the accommodation of their labour force. They ought not to make a profit from this, and no people other than the actual workers should be allowed to rent houses. I think that they should be permitted to admit traders to provi~e­ their people with the necessaries of life, but no rent should be charged except a small sum. t& be used for village conservancy. 19. At present there is no obligation attached to a concession other than of rent. and it is within the power of the concessionaire to leave the land as he likes provided he pays his rent. It would be advanta~eous roncessionaire were placed under liability to commenoe ope'r§.tions and aft&l'wards to proceed with the work continuousl", and &Jfeotively f)£ for good ca.uee showJU 63 21. The practice has been to alienate land for the c~llecti0Il: of rubber and. timber in the same way as mining concessions, but I am under the ImpreSSIOn that a certam number ot timber concessions are being worked that have never come before the Court. Some of the timber and natural produce concessions cover very wide tracts, :possibly as exteIl:sive as 50.square miles. In one case a deed was brought to me for approval for 80 square mIles. I wIthheld sanction, and afterwards separate deeds were drawn 1.1p and brought to me. It would be preferable to give authority to applicants to collect and remove ii.mber all:d natural produce by way of licence subject to the payment of a royalty to the ChIef. ThIs would be better than the present system, as it would leave the land free for the use of the inhabitants, ~nd would save the concessionaire the expense of survey. It is a system which I think the Chlefs -would easily understand and would probably welcome. 22. Prospecting licences are at present issued for the whole Colony and without any limit of time. I think it would be advisable to limit them to the district in which it is proposed to prospect. 23. I should say that there is a slight increase in population, but certainly not a large one. It is, however, difficult to judge owing to the way the people go about from place to place, and the child mortality is high. I have noticed no appreciable increase in the size -of places. 24. I do not think the alienation of land to Europeans is likely to adversely affect the native population. The country is. I believe, under-populated, and there is plenty of room for the people. Alienation of land could continue without in any way interfering with the rights of the inhabitants, particularly if the areas are restricted, and the surface rights of the people retained to them. 25. I think the mining industries are of very little advantage to the people. It is true that they afford opportunity of earning higher wages, but mining uoes not appeal to the native. The majority of the people in the mines are outsiders. Those who go to the mines very often work in the shops and stores in the mining villages. '1'hey thus have opportunity of learning trades in the shops, and to that extent they benefit. 26. Agricultural work would be of greater benefit to the natives, as they would thereby learn the latest methods of preparing the soil, and of planting new products and their prepara- tion when grown. But they do not readily absorb new ideas, and such are only brought home to them by slow degrees. Their natural inclination is to plant crops which are quickly realised, and to leave trees to take care of themselves after they have gone to the trouble of planting them. I do not think there is a growing inclination to substitute permanent for shifting cultivation. 27. I am in favour of having all land administration supervised by a Land department . I do not see how the Court can have any real knowledge of the facts of the case into which it is inquiring, whereas, of course, the Executive ought to be, and probably would be, well acquainted with them. I would entirely abolish the jurisdiction of the Court over land matters, with the right of appeal to, say, the Governor. 28. As to the consideration money paid for concessions, I do not think any standard of adequacy has been arrived at. (12) Mr. JOHN COli:ER ADAMS, Acting Solicitor-General, states: - Prior to acting as Solicitor-General I was a District Commissioner. I have served in the Colony since May 1st, 1906. 2. I have had experience of the Concessions Ordinance since last December as Acting Solicitor-General. Previously I did not come into touch with its working. a. I am aware that the preliminary negotiations relating to concessions do not come before the Court. They are conducted between the applicant and the Chief, and the Court has no. cognizance of the m~tter unti.l the filing of. the notic.e with the Registrar. The filing of notIce does not, I take It, necessItate, or constItute, regIstration. As far as I am aware there is no obligati?n that. t~e agreement. shal.l be registered. in the Land Registry, and it would be a good thlllg to lllSlst upon regIstratlOn. The appbcant negotiates with the Chief and ~18 him t~e ~and .on w?ich he wants a conce~sion, and afterward~ the price is discussed. I think the ChIef In alIenatmg land has no knowledge of the area he IS conceding: if he had h. wOald reduce the area. They seem to have no accurate knowledO'e of what they the people who treat with the Chiefs want to get :s good value as . Their only protection is the native lawyers. It would be well in the early stages from the District Commissioner as to the area the land under negotiat;on: The. application might with advantag~ exactly what land IS reqUIred, and the name of the Chief to District Commissioner would then be in a position to advise I!Iv. .... _ community receives no material benefit when would be usefnl to retaip a portion of tlle "",,".:-__ .clisUict, but it is a matter that I should · 64 5. Provision is made in the Ordinance that no inqUlnes shall be made until the expira- tion of three months from the filing of the notice. From this it must be assumed that the procedure under the Ordinance is of a more dilatory nature than was anticipated. 6. In accordance with Section 11, sub-sections 2, 4, 5, and 6, the Court has to call evidence. As the Court sits at a distance of perhaps two hundred miles from the land forming the subject of the concession, the officers of the Court do not visit the district to see wh? a~e the interested parties. The only knowledge the Court has of who are the proper partIes IS contained in the names appearing in the agreement. I cannot suggest any other method of ascertainiury who are the proper parties. The Court has to arrive at some decision, .a~ld no doubt satisfies itself as far as it is able . It is not, of course, in such a good pOSItIOn to decide on this matter as an executive officer on the spot. 7. There is no provision in the Ordinance whereby a claim shall automatically cease on account of inaction on the part of the claimant within a specified time. The fact that at present there are about 100 notices going back five or six years exposes the procedure to criticism. It would be advisable to have an arrangement providing for the automatic cessa- tion of claims at the expiration of a fixed period, and it should be incumbent upon the Law Officers of the Colony to move the Court to strike out such claims from the list. If the applicant desires further time for good reason it may be left to the Court to grant his request for an extension. S. W'hen the matter comes before the Court the inquiries prescribed under Section 11 are made. At this 'stage the Court goes no further than to make an order of survey, and the matter then stands over until the plans bave been completed, when the ap.plicant makes his further application for a certificate of validity. I have no personal knowledge on the subject, but I believe before survey nan take place the applicant has to deposit fees with the Director of surveys. 9. I have no knowledge of administration of land except under the system now in vogue , in the Colony, I cannot, therefore, compare this system with any other. 10. ' Vith regard to the question as tQwhether the alienation of lands should preferably be in the hands of the Court as at present, or in tbose of the Executive, I think the latter might be the better system because the executive officers have greater knowledge of their Chiefs and people than the Judge, au,d presumably also have greater knowledge relating to land matters in the district. If this change were made, however, it would necessitate a reorganisation of the executive staff in order to make it efficient to cope with the work. As to whether or not there should be an appeal from the Executive to the full Court, in the absence of a~J precedent or knowledge to guide me I prefer not to expre~s a decided opinion, but I incline to the view that there should be an appeal to the full Court. 11. With regard to the limitations prescribed by section 20 of the Ordinance, I have no advice to offer as to whether the amounts are excessive or otherwise. 12. I do not think that the areas leased in the past have unduly limited the lands which the natives require for their own use. I am unable to express an opinion on the subject of an increase or otherwise in the population, but in the six years I have spent here I have seen nothing which leads me to think that it is increasing. '1'he infant mortality is very great and the population is scattered. 13. The existence of the miming companies is a benefit to the natives, and perhaps will be more so in future. 14. It would be a good thing to impose upon mining companies an obligation to commence work within a certain time, and thereafter to continue effectively and continuously. If,. however , a company can show good reason for suspending operations a certificate of exemption might be granted. 15 , I considel' that the surface rights in the case of mining concessions should be limited to such as are strictly appurtenant to mining operations. If other rights are desired they should form the subject of a supplementary agreement. (13) FRANK VARDON, Registrar of the Supreme Court, Sekondi, states:- ~ have occupied my present position for nearly IS years; therefore during the whole ot the tlme the Concessions Ordinance has been in force. A good deal of the concessions work has been done at Sekondi-more than at Accra. .2. When the applicant files notice under section 9, .he. usually also deposits mdenture of agreement or other form of document. ThlS llldenture must b~ being taken to the Court. It is deposited with me as Registrar of the . Registrar. There is no prescription in the Ordinance requiring this dOCUlmeru: 3. The Court obtains for itself information should When the notice is are sent to 65 4. When the documents are filed they are placed before the ~~dge,. who ~elects who shall be called on the evidence before him in the documents. In addltron, If theIr names do not appear on the documents the Judge may also select the Amanl1in, th~ IJead lingu~st, a~d the chief councillor. It is a remote possibility that a person. in possessI~n of matenal eVIdence may not be called. The applicant is also able to call any wItnesses he lIkes. 5. The Court inquires into the arrangement made, and .occasionally. the terms ar~ alter~d. There was a case last year in which it apppared that the ChIef had receIved £50 consIderatIOn money, and that the rent was to be only £5 per annum. The Court decided that this was insufficient and increased the rent to £150 a year for three years, and thereafter to £200 a year. A~ far as I ca~ remeI?be~ any alteration is ~n the nature of an increase, and therefore the Court studies prinCIpally the mterests of the ChIefs. 6. In my books there are about 600 concessions awaiting enquiry. The earliest dates bacle as far as 10 .years or more. The reason these cases have stood so long is that the applicants h\1ve taken no action to have their concessions prosecuted before the Courts. There is nothing in the Ordinance to provide for the automatic cessation of such cases, and nothing is done by me, but the Attorney-General may move the Court to have them struck out. This may be clone in special cases, but it is not the general rule. 7. ~othing further is done at the first hearing than the granting of the survey order. Procedure at the Court stands over until the survey plans are put before it. Before the survey is carried out the applicant has to deposit the fee. Therefore delay may take place owing to his delaying the payment, and again owing to the department not being able to carry out the survey. Sometimes a year will elapse between the order and the production of the plans. I have at the present time cases in which the survey order was made in 1902, and in which the plans have not yet been presented. The greater number of concessions recorded in my office are those in which order of survey has been made, and nothing further done. In the normal course the time between the order of survey and the granting of a certificate of validity is nine months as a minimum. Cases have occurred in which the Court has refused a certificate after survey. 8. In one or two instances in my knowledge the Court has altered the area when the matter has come before it. 9. It is uncommon for mining concessions to include timber rights , and where such has occurred the Court has usually restricted the rights to mining rights. The rights are usually either for mining, or to cut and collect natural products. 10. I know of no case in which the Court has reduced the area of a mining concession from 5 square miles to less. 11. The order of survey is on a printed form, but is not prescribed by the Ordinance. The Judge causes to be written on the back of the order such particulars relating to the situation of the land as he has been able to gather from the documents and witnesses at the hearing. As ~ matter of practice t.he Judge does not visit the land,. and ~as no personal knowledge of It. It may be 100 mlles or mure from the Court. It IS pOSSIble that in the absence of such knowledge the Judge might include in the order something which would make the survey unduly costly. 12. The time that elapses between the serving of the subpamas and the appearance of the parties varies from four or five days to two or three weeks. 13. I know of no case. in which the Judge has inserted particulars in a concession limiting or varying the rights of the concessionaire. 14. When overlapping of conceded areas occurs the Court decides in favour of the holder of the earlier concession if his documents are in order. 15. A good many Chiefs are aware of their boundaries, but on the other hand others are not. They are getting a better knowledge of their boundaries now. Cases have occurred in which Ch~efs have sought the ~ssistance of the Court in settling their boundaries under the demarcatlOn of boundanes Ordmance. I know of no case in which the Court has ordered the delimitation of boundaries without application. 1.6. There is a right of appeal after the issue ?f a cer~ificl!-te of. val~dity, but it is a right that 18 not often u.sed .. The p~trhes are as rule sahsfied With mvestIgatIOn by a single Judge and are content With hIS deClsIOn. 17. Concessions at present come in .at. the rate of about 50 a year, and are disposed of at the rate of 16 or 20 a year. The remammlS cases are those in whlCh the applicant proceeds no f~. There are no arr~ars of conCfSSIOn cares at present. The Court is usually able to deal WIth a case on presentatIon of the plans. !1!Ik 1~1;1i~=~C~1~~e:a~ds me to believe that people are satisfied with the administration and have confidence in its decisions. (14) Solicitor. practising at Sekondi. states:- for 11 years next June, and during that of. the principal mining ('ompanie.< in I 66 2. With regard to secti(m 3 of the Concessions Ordinance, I think the Order in Council might well be amended. '1'here is doubt in the mind of the Court as to what is a concession from the point of view of agriculture or arboriculture-as to whether palm ~il is such, or a concession within section 2. I doubt if agricultural and arbon cultural conceSSlOns come within the definition. 3. Section 9, sub-section 2. This is practically ineffectual. I know of only one case in which a substantive penalty has been imposed. The only method of sanchon that would be effective is to follow the idea that is brought into the Ashanti Ordinance and let the penalty imposed take the form of making the concession automatically void. 4. Section 6. The Supreme Court, with the sanction of the Legislative Council, has made rules. Rule 7 provides that a form K shall be issued where the list of docum~nts and the documents have not been filed. Rule 12 calls for notice L to be served. On servICe of nohce, if no action is taken, the Court can strike out the inquiry. -V\Then first these rules were passed they were ineffectual. There was in fact no sanction for them. It did not matter, because you still kept your concession. When the order was amended in 1906 a section was added . The effect of that was that if aJJ. inquiry was struck O~lt and you did not reinstate it within six months the concession lapsed. The result now is that if you have complied with notices K and L you can never be struck out unless the Attorney-General decides to interfere and put the case on the list. So far as I know the Attorney-General has only once intervened. '1'he consequence is that the Courts are blocked with two or three thousand concessions, which in some ways may be treated as valid. They have never been struck out and still hold good. Any one of them may be brought up at any time, and although the Court has power to impose terms on which opposition may be entered, it seems from a decision of the full Court of last month that if a concession has not been forfeited for non-payment of rent or otherwise, the Court ought to grant leave to oppose on an old concession when it is presumeJ to exist. I think that some special officer should have the power to force a claimant to prosecute his claim up to the stage of obtaining a certificate of validity. 5. I do not think that section 11 needs any remarks, exc~pt that if any amendments are made the proviso might come out. As to sub-section 2, the Judge does not, and cannot, assure himself that all the persons who are material parties appear before him. He must take the parties whose names appear on the agreement, and who are served with notice under section 10 as being the owners of the land, unless there is opposition. It is common practice now that the lessor himself need not give evidence unless he wishes. I presume that it is assumed that the land belongs to the grantor because no evidence is offered to the contrary. Although everything possible is done to comply with the section there cannot be any real certainty in the mind of the Judge. Sub-section 4: there is nothing before the Judge to enable him to decide as to the adequacy of the consideration. That has been the complaint of the Judges since the Ordinance was first put into force. In the first certificate of validity gTanted, Mr. Justice Nicol took evidence from various mining engineers, who were then at the head of their profession locally, as to the value of a cQncession, and on their eviJence he fixed the mining rent of the Chider concession at :£200 for 1,000 fathoms square, and he made the arbitrary arrangement that the mining rent should commence at the expiration of three years from the issue of the certificate of validity, whether winning operations were in progress or not. That one piece of evidence taken by Sir William Nicol was (with few exceptions) accepted by the Judges for all concessions, and it was squared or taken to some other power (as necessary) for a larger area. Concessions in the bush are sometimes rented at £800 .a year within three years of the issue of the certificate, whether there is any value in the ground or not. The Judges make such efforts as it is humanly possible for them to make, but they have not the knowledge that would enable them to decide whether the proper sums are fixed. The late Chief Justice got over the difficulty in a very fair way. He gave the grantor the option of taking' the mining rent provided by the deed, or, instead, :£24 a year, plus .2t per cent. of the profits , the assessmp,nt to arrive at that profit to be on the same lines as laid down in section 29 for profit tax. That seems a fair way of fixing the consideration so far as rents are concerned. The amount of the premium is another matter. I should say that £150 to £300 per concession would be fair. It is difficult to say how much the consideration money should be per square mile. I have goenerally paid sums of from £150 to £300 for concessions ranging from one to five square miles. For a timber, rubber or palm oil lease we pay a good deal less. The occupation rent on mininO' concessions varies from, say, £12 to £25. With regard to mining rents , I have never paid less than £200 per annum for any concession, but I do not think it fair that this should be squared for five square miles. I would make it £300 for five square miles. 6. Sub-section 6 of section 11. The details of what is reasonable protection have never been considered. We incorporate into the deed practically the terms of that sub-section. T:he rights of the native as regards shifting cultivation are retained, also thpir right to collect firewood and snails, and to kill game. They are also allowed to have their houses upon the land. That satisfies the Court. . 7. Section 12. There will not be very much to say on that section if section 9 is to be dealt with so as to operate in cases in which concessions are not completed. to pay blackmail to the extent of four or five hundred pounds to get rid of old ~l~~@ which I knew rents had not been paid. In Ashanti the rent from an passes through the Court. If not paid within 12 months the concession IS not the case in the Colony. 8. I 67 power to a Judge is mischievous. It has been the cauSe of an expenditure of £40,000 in this Colony to comply with the arbitrary orders of the Judges. I have heard a Chief in Court tell the Judge that he did not want so much. There are a number of concessions which have lapsed because the Judge has ordered additional rent, but this has more often happened where speculators have taken up concessions, and not where a mining company takes up a concession and wishes to work. I have never been instructed to allow concessions to lapse on that ground. 9. Section 18. Personally, I am in favour of survey, and have never had any trouble with the Survey department. I think it would be preferable if the certificate of validity were issued prior to survey provided you could devise suitable machinery. It has frequently happened that after payment of survey fees an applicant has not obtained his concession (at any rate, not the whole), and he cannot recover his fees. In my opinion the period that elapses between the order of survey and the completion of the plans is not unduly protracted. If you are prepared to pay the fees there need be very little waste of time. I incline to the opinion that where the delay is great it is on account of the failure of the applicant to pay his fees. I only remember one instance in which the department was unable to take on work. It is the practice of the department to conclude a group of surveys in a particular district before proceeding elsewhere. 10. Section 20. I think five square miles for a mining concession too much. One square mile would be as much as any company could work. No company could put down sufficient machinery to work five square miles. A company's efforts must be concentrated on acres. I do not think a reduotion would meet with opposition from bona fide people. If the max imum were reduced to one square mile the aggregate which could be held by one company might be reduced to five square miles. 11. Section 19. I see no objection to the term of 99 years. I am not prepared to say that a mine could be worked out quicker, and think that a company should be given every opportunity of working out its concession. 12. I do not desire to express any opinion as to the area to be granted for planting concessions, but I would like to see a cultivation clause inserted in all suc;h leases in terms somewhat similar to those explained to me as being in force in the Federated Malay States. 13. As to the period that should be allowed for planting concessions, I do not know enough about the subject to offer an opinion. The planter should be given sufficient time so that the trees he plants should live their life and give him an opportunity of reaping the fruit of his outlay. 14. In the case of concessions to collect natural produce the same procedure has to be gone throug·h as for a mining concession. Survey fees have to be paid, but they are half those charged for mining surveys. I agree that if you could devise an arrangement which will give a man quiet enjoyment of his privileges without interruption by a third party, it would be beiter to give him permission to collect his produce by licence. The boundaries of the land coulrl be roughly demarcated by topographical features, and the rent take the form of a small fee for the licence and a royalty on everything taken away. In the case of Messrs. Lever Brothers' application for a palm oil concession on the coast, they were anxious to avoid taking n lease of the land and going to the expense of obtaining a certificate of validity . They tried to n~e the Order in Council of 1906, but I advised them that tbat would not meet the case. '1'h8Y made an arrangement with a Chief to take his palm fruit from him at a certain price, leaving the natives to do the collection, but reserving to themselves the right to go and collect if the natives would not bring it in. Messrs. Millers appeared on the seene and went to the Chief and got a lease on the land in order to stop Lever's. It is the poss ibility of that happening that makeH it necessary to advise people to take a certificate. If the same security could be obtained by any less expensive means it would be an advantage. 15. It is necessary to have a concession and to file notice if the applicant wishes to mine, because he cannot carryon mining' operations without a mining licence. In other cases there is no necessity to have a concession filed, but a penalty of £5 is enforcenble for omission to do so. 1G. In the case of timber concessions, there are areas being worked which have never been before the Court at all. I think this is a defect in the Ordinance. Ii. \Vhen a man wanh an option he negotiates with the Chief for it. It is taken for three years, and I always p:1y a lump sum for it. It is best taken by way of demise, to get the legal estate. It gi,es the exclusive right to prospect and to acquire within the area concessions of not lUorc than fiye square miles and aggregating not more than 20 square miles on terms. The terms are reduced into thf' form of an agreement under seal. Documents of this de oription have been place(l before the gullible public at home, and have been accepted them as titles. This has not been done recently Lo my knowledge, but it has been done. i~t_~,bie sold in London some time agowhich gave 1I0mething like 10,000 square miles. I1i to give an unscrupulous person an opportunity to do this . If by any other .g~tlOlll time could be given for selection, and if such an alteration did not place 1IV<"~J.Ull to go home and mislead the public, it would be preferable, but it the same advantages. section in effect saves mistakes under section 11, subsection 2. from Chief A and subsequentlv di~covered that a portion of the to Chief B, I should endeavour to effect an arrangement with .81UD. of he should covenant not to oppose the grant A, and I would covenant that on be entitled to a portion of the the Court for an endorsement payable to Chief B. I ~ 68' A finding under section 11, sub-section ~ IS ex parte, but if there ~s n? opposition e~tered to the concession between the time of the findmg and that of the aI?plIcatIOn for a certIficate of validity, the Court will grant a certificate to the claimant althoug'h It may be aware that the land is in dispute. 19. Section 25. This was passed on the petition of the mining companies on account of the Judges making mining rents paY gives the Government power to acquire land pensation to either the holder of the COlo.CE~Sllon Government to take land without COl[D.Jllellsa1;iolo. >'111'11 property of the I thiu;k tha.t the li_o·!er:l'lll!.,eJ11i,~ ~ ; so Iv as :the Ohief 69 has to go on paying rent on land that has been takeJ?- away from him. .We ~ave a case in poi~t where something like £1,400 has already been paId, and the rent wIll stIl~ have to be. paId annually, and the Government has given notice that it intends to take posseSSIOn of a portIOn of the property. 30. I cannot say that I think the Concessions Ordi~ance is en~irely satisfactory. It has the very serious deficiencies that I have already mentIOned, and ~t has als~ t~e lack of power to get rid of concessions that are not being prosecuted. There IS t~e u~hmlted power given to the Judge to vary terms, and his inability ill many cases to obtam eVIdence .to form an opinion under section 11, sub-section 2. There is also the risk that. has to be ll?curred in going to considerable expense on account of s1!-rvey f.nd afterwards possIbly not gettmg the concession. On the other hand, I have found m practIce that for those persons who mean business and who are prepared to pay the expenses attendant on obtaining a certificate of validity; the Ordinance has acted admirably. The titles of all the principal mines in the Colony have been secured by me, and although considerable expense has ~ad to be incurre.d. in survey fees and payments to Chiefs, yet there have not been more than SIX cases of Opposlt~on which have involved expensive litigation. The objection that I feel to the Executive takmg over the work is that there would be no remedy in the case of a decision by which an applicant might consider himself aggrieved. Speaking generally from the point of view of legislation and of the better administration of the Colony in respect of concessions, I think that, provided that there are safeguards on that one point, Executive administration is bound to be the best. 31. Regarding the surface rights of mining concessions, what I want the companies to have is the power to make necessary clearings and build villages and compounds for the accom- modation of their labour, to have all the necessary ground for their mining operations, and the disposal of refuse in the shape of dumps, tailings, and slimes after the metal has been extracted, and land on which to provide housing accommodation for 'the staff. Also the right to occupy any land they want either for their garden ground, or, if necessary, for farming for the purpose of feeding their labour. They need also roads, waterways, and tramways; and where it can be done without serious injury to other persons, they should have the right to use watercourses by damming or any other works that are feasible. I want them to have exclusive rights so as to prevent strangers acquiring rights over their heads either for surface, planting, or timqer ri0'hts. I want them to be able to limit, subject to Executive control, the number of spirit 1icences in any village. I want them to have ]lower to get rid of insanitary conditions existing in the vicinity of their mines, works, and villages. 32. So far as timber is concerned, the right to take the same has usually been expressly conveyed by the terms of the concession and secured to the holder by the certificate of validity, but in cases where no such provision has been made timber rights should be considered to be one of the necessary surface rights to the miner, whether for the mine, burning or building. 33. In my opinion the rights under mining concessions as now prepared are not limited to those sanctioned by the Concessions Ordinance. They take the form of a lease of the land, including the minerals, by express grant, also the timber, but they are not, in any cases that I know of, confined to concessions of profits Ii prendre. I contend that when the deed is executed it gives to the lessee the legal estate in, and all rights to, the land, subject to the reservation that the grantor and his people (not traders) have the right to farm, to gather firewood, and to hunt, but no further right to any portion of the surface. I do not know to what extent the Court would uphold my contention, but on the legal construction of the lease I should probably have a better cnance in a higher tribunal. It is open to the Court to modify or restrict the term of a lease, but I have not known it to do so on the question of surface rights. Our deeds have been certified practically as they stand, except in the case of a few old deeds, in which it was stated that the lessees should have every right over the land as if held in "fee simple." That expression was deleted. No case has occurred in which the Court has imposed any limitation in the rights over the surface of the land so long as the statutory natil'e protection was provided. As a matter of fact, we have avoided taking the point in tp.e Gourts. I have usually come to terms with the squatter, which is prach~al~y an. admiSSIOn that. we are afrald of the question.. We have exercised our rights by bUlldmg VIllages a~d keepmo'. out persons to whom we obJect, but we made what I think was a great .mIstak? m compellmg our labourers. tc? build their own houses and allowing traders to bUlld theIr own stores-the result of thIS IS that we have a number of persons in the villages who have .nothing whatever to do with the mine, whose presence is undesirable, and over whom the mme manager has no control. I am of opinion that all buildings in or abou~ a n;.ining ~illage should be erected by, and be the property of, the mining company. I thIll~, III the mstance I hav~ quoted, the housc~ Should be taken over by arbitration OJ; otherWise. I have advocated thIS all through. I thmk a company should be obliged to house it.. l.b~rs free of charge. In view of the present high rates of pay for labour I do not thmk It unreasonable to ma ke the men pay a small rent for accommodation but that should not be oarried to the extent of allowing a company to make a profit out of' its village. The r:~~d~=~~and liab~lity of m~kin~ the place .sanitary res~s with the company, and the e: connectIOn thereWIth ShOuld be paJd by the mmer. As a matter of policy I of traders into l?i~ing concessions subject only to the approval of 'the be permISSIble for rent to be reserved. With reO'ard to spirit any further control than that of the mine o~ner and the Tarquah town is situated in the Tarquah concession, and is between the Government and the mining company. The site of the presen~ township for a town, and as there was do so liy paymg compensation. The native township .,-reement, under which the Government under. ~lJlllllUlry one-half of the rent it receives. l878, and there was considerable 70 doubt in the minds or the Law Officers as to what rights it gives the company. The company itself has no say as to what traders may ,enter the town.,ship, or what persons may occupy places in the native township. They have then own httle vIl~a&,e, and that they control thems~l,:"es. There is n0tl1ing in the conceSSlOns granted by the ChIefs to the :r~rquah company enh~lmg th.em to exercise surface TIghts other than those appurtenant to mmmg. They are pe:mItted to draw rents because of their agreement with the Governme~t. The agreeme~t ~Ith the company was dated N~rvember, 1902( and was an absolute. assIgn1!len~ of certam rIghts to which the company claImed to be entItled. There was nothmg .s~ecIal m the .deeds that gave the rights that were assigned to ~he Government. I~ my ?pl:mon the receIpt O,f t~e rents and profits accruing from the erectIon of these commercIal bUIldmgs.on the conceSSlOn IS profit which they are entitled to receive as owners of the land under a demIse of the legal estate. (15) HENRY HAY, Superintending Engineer of the Fanti Consolidated mines, The Gold Coast Amalgamated mines, and the West African mines, also looking after nine other mines, states : - I have been connected with West Africa since March, 1910. 2. The larger number of the concessions with which I am now connected were acquired previous to my coming here) but I have also had considerable experience in obtaining concessions through Mr. Giles Hunt. 'fhe usual practice is to make verbal applications to the Chi~fs through Mr. Hunt, but in one case I got into personal touch myself. The Chief comes WIth his headmen, and he is given some idea of what is wanted, but in the case in which I negotiated personally, I previously notified the Chiet of the area desired. In this instance the Chief granted the land required, but it was afterwards found that he had previously conceded it to someone else, and that is why I now prefer to deal through Mr. Hunt. Money is the principal object of the Chief, and it is my experience that he will wilfully concede land to two different parties. Provided they can gd money by so doing the Chiefs will say anything so long as they do not run the risk of being taken into Court. Directly the headmen think there is any danger they oppose the concession. 3. When taking up a mining concession we usually take up also a timber concession in an adjacent area, for fuel. We do not" however, take up timber rights for export-they are exclusively for fuel. 4. After our legaL adviser has come to terms with the Chief-generally after protracted negotiations-the terms are incorporated in an indenture by him. iii. Previous to Mr. Hunt being instructed to negotiate with a Chief, the usual course is to take up an option on the area for two or three years for a lump sum, and carry out prospecting operations. If after prospecting we think it worth while, we take the land up. When I came out here we had several options. They were prospected and I condemned three. ' 6. The majority of the concessions with which I have had to do have been 1,000 fathoms square, but we had one option of 2,500 fathoms square. 7. With ;regard to the area that might be worked by a company in a year, I should say that 10 to 12 acres might be worked if the operations were carried on on a large scale, but nORe of the mines here are sufficiently equipped at present to do this. Further, the reefs here are very patc?y, and there is a large amount of wound not worth working. There is gold, but not suffiCIent to make working the land a payable proposition. S. The term of the mining concessions is usually 99 years. In the case of concessions that were taken up before the Court exercised jurisdiction over them, companies sometimes obtained llltlch larger rights, even extending to freehold, and sometimes surface rights. I know of cases. where these rights haye be~n cut out since,. and I think it is a point that some of the compallles c(i)ncerned have a faIr claIm for compensatlOn for the loss of such rights. ~. Although th9 Ordi,n.ance permits concessions being taken up for 5 square miles as a maXImum, they are sometlI~~s ,smaller. Mflny Gonce&sions have been taken up for an area of l,mOO square fathoms, whIcn IS the standard of area O'enerally adopted by the native. It is usual to take an option of more than it is intended to lea~e. 10. In certain circumstances, provided the nature of the O'round and the cost and condi· tions of working are such as to justify the expenditure, it wo~ld be possible to work out the whole area within the term of the lease. ' 11. I have no decided opinion on the subject of the limit of 5 square miles prescrijJed. I think it is large enough but do not think it capable of reduction. 12. I think that in addition to mining rights there should be,~t:im;b~~e~irlO~~1~i very much cheaper than coal. It is necessary to burn wood on ~ . the railway line. We have the right to take timber from our other concession for timber rights must necessarily be near. As to the term. 99 ,if 71 must also be laid down. In the case of the Wallace Syndicate, after working three yearl! they have two shafts going down a few feet, but they have no plant yet. They: are now in a position to guarantee a certain percentage to the Government to extend the raIlway. ~ company may start with only about £5,000, and ~as .to s~end a lot of m.oney on thIS preliminary work. It takes longer to open up a mme m thIs country than m any other. The jungle is dense, the means of transport l.imite~ , and .the natur~ of .the ~ountry generally difficult. Any indulgence that .can be exten~~d to m4ustnal. operatIOns m thIS co~ntry sh~uld be accorded to mining compames. The BntIsh publIc has mves~ed larg~ sums m the mmes in this Colony, and th.e dividends paid so far .have ~een very dIs:proportIonate. In the case of a concession which IS not touched by the raIlway It costs anythmg from £30 to £60 a ton to transport plant and a company might therefore decide to dQ nothing until the railway comes. Until so~e transport facilities have been arranged it is useless expenditure for a company to attempt to open up a mine. On the other hand, there are gold-bearing lands now touched by the railway where it does not pay at present to mine, on account of cost of labour and bad working conditions. Later on, they may prove workable at a profit if condi- tions improve. Generally, having regard to the varying conditions which affect working. cost, I do not think it is a practicable proposition to insist upon a concessionaire commencing work within a certain time. 14. With regard to the suggestion that prospecting licences should be issued for a district or part of a district for a specific period, instead of the present system of taking up options, I Bee no ''Objection to the proposed scheme, but think the present one as good. 15. I know of no case in which miners have used the surface for other purposes than those appurtenant to mining, except where tliey have an express right to do so. We have the right to cut down the mahogany trees for mining purposes, but not to sell. I agree that the right of the miners to the use of the surface is limited to making the necessary shafts, sites for houses for superintendents, miners, and labourers, and for machinery and plant, and ground for growing vegetables and other produce for the use of the people connected with the mine. Also the right to construct roads and waterways. These rights are necessary to the miners, but at present we do not get them. Traders who wish to establish themselves in a mining village are charged a ground rent of not more than £20 per annum. This money is spent in helping to keep the place in a sanitary condition. 16. There are cases in which a mining company has erected the houses for its labour fore!'s, but there are aho cases in which the houses have either been wholly or partly built by the lahourers themselves, mostly on sites laid out for them. A trader would have to build his own house, or else take over one already built. The trader is very often merely the repre- sentative of a firm in a neighbouring town. In many cases the mine is situated at some distance from a town, and it is necessary for traders to come to supply the needs of the people (',onnertec1 with the mines. I do not, personally, believe in natives being permitted to build houses for themselves-I think the mining companies ought to do it for them. We should like to have the power of ejecting a native who creates a disturbance or refuses to work. At the present time there are five or six men idle for everyone that wqrks in the village. Those tlHtt do not work have no visible means of subsistence, and I think it desirable that tbe eompanies should have the right t.o keep that type of native out of the mining villages. N ativeR passing through the district often stay in the village for a fortnight, and it is these peopl!' who are responsible for most of the disturbances that occur. They are generally thcTe !'itb'i'r to eollect debts or fOT the purpose of thieving. They usually pay about 2s. 6d. for the URI' of a room for a fortnight. No persons other than those connected with the mines should hp permitted to reside in the villages without the consent of the mining company. The mining eompanies have to pay the Government for police to keep law and order. Of course if the ('ompanicR built the villages they eould keep undesirables out, but it would be an expensiv~ business now to pull down the existing houses, compensate their owners, and build fresh ones. 17. I am aware that there are eases in which companies have been reconstructed and have tr~nsferred thei.T concessi?ns, and aJso instances in which companies have subleased their llToperh!'s. Compumes sometIm!'s acqUITe more land than they can effectively deal with themselves:. they ~pend a good deal of money on prelimina~y ~ork ~nd then have nothing ~eft to eonhnue WIth. It tukl's more money to open up a mme m thIS country than it does In any other part of the world. Many companies are merely promoting companies, and some of the eOll('!'ssions taken up by th!'m have never been worked. ,18. As to ~h.ose cases in whiel~ a con('.essio~aire proceeds no further than obtaining a certIficate of vah(hty, I ~e no harm m al1ow~ng lum to hold the land for an indefinite period. All far as I ('an see, the Interests of the natIve and of other compantes are not prejudicially atlected thereby, The worst feature in the Gold Coast is the granting of options for large areas I:~~:~~:: as 10 square miles. which are renewed from time to time, without survey o , on payment of a small rent to the Chief. This system is harmful in!, an option for a specific period without power of renewal. Th~ ; and at the end of that time the holder would either have to make would lapse. The situation could be described by natural i''''IDl~DY to hold a concession without working it. They have they make the mine a payin!' concern. the better for with which I am connected would do such a aa to make it not worth while to proceed under had DOt II1lfIicient capital to go on developing 72 21. I would like to call attention to the fact that in the Western Province the native makes beneficial use of only a very small proportion of the .lapd . . To a large extent he. depends for his livelihood upon the mines-that is to ~ay, the ~l~mg rents go towa~ds buymg food and drink, and keeping up the villages. Outs.lde the ml~mg centres the natIve has to some extent cultivated the land. It would be a mIstaken polIcy to attempt to reserve the whole of the land for the native. The Colony has all the advantages of a tropical country, and efficient occupation of the soil wO~ll~ be more profita?le, and to that .end I suggest th~t every inducement should be offered to Jomt stock compames as they are m the East and mother parts of the world. The inducements might take ~he form of a freehold right or a ver~ l?ng lease with right of renewal for the surface. I. thmk the .leases should be for a term slml).ar to those in the east, viz., 999 years, so as to gIve compames a reasonable prospect of reapmg benefit from the land, instead of handing over their plantations to the natives at the end of 99 years. I would be quite prepared tp accept a clause by which such companies should be compelled to do a certain amount of work within a certain time, and thereafter continue effectively. If a number of companies made profitable occupation ()f the land in this way other companies would come with the idea of taking up concessions and selling them-this would be a form of speculation which it is desirable to avoid. What is wanted is to make the best use of the land, and make an industrious people. Then you have a prosperous country. I can say that in the 'Western Province not 5 per cent. of the country is cultivated. The natives are not sufficiently numerous to cultivate the land themselves, and they have been spoilt by the amount of money 'they have received. The native in this district is useless for work, and labourers have to be brought from outside. Normally a third of the popula. tion of this province is composed of aliens. The best labourers we get are those that have been brought from outside the Colony. When it is required to cut down mahogany trees the native cannot be induced to do it, and it is necessary to look elsewhere for labour. There are a few native farmers, but the bulk of the farmers are Appollonians. The native in the Vif estern Province is not much use to anyone. He is becoming a degenerate through drink and geJ;lerally slack habits. If they continue to receive the money that they are at present getting I think they will disappear. In the Western Province the local indigenous population is not on the increase. Most of those working on the mines are outsiders. I see no immediate prospect of the native being deprived of land he legitimately requires for his own purpose owing to alienation of land to white men. 22. The matter of surface occupation for mining villages is one that is receiving attention by the sanitary authorities at Accra at the present time. The stand that the mining companies nave taken is that they are entitled to the surface for the erection of these "mages. There seems to be some doubt in the official mind as to whether we have that right, but there is no doubt in mine. It would put an end to a lot of contention if this matter were settled. In the matter of sanitation it costs mOl'e to put some villages in a good condition than others. It is impossible for us to go to expense in the matter for the benefit of that portion of the population unconnected with the mines unless we are going to get some recompense for the work done. 23. Some of the mining companies have taken up rubber rights on the same area as that of their mining concession. The reason for this was that I heard, that certain trading firms were acquiring rights over the same areas and were erecting buildings. I have had two rubber rights taken up separate from, and in addition to, the rights taken up for mining. (16) EDWARD COLLETT HOMERSHAM, General Manager of the Prestea mine and of the Appantoo Consolidated Co., states:- I first came ~o this country in ~901 to inspect properties owned by my eompany, and I stayed here for mne months,. travelhpg a good deal. about the district between Tarquah and Prestea. ~fterwards I was m practIce for myself m London, and also spent some years in South Afnca. In .the early part of 1909 I came out here again for the West African Mining Co., and after a tIme at home I returned to take charge of the Prestea Block" A" mine. I have known the conditions of the country on and off for some time. . 2. ' I have had p~eliminary negotiations with Chiefs in respect of alienation of land. I thmk they have a fall' knowledge of the areas they are conceding so far as mininO' areas are con<:erned, and I do not consider that the white man has taken advantage of the" native :;t all i III fact I should say that the reverse was the case. I have, however, known of cases III whICh the Judges have not had an exact knowledge of areas . .3 . My experience has been in connection with concessions granted under the Concessions O~dIllance. The ar~a of the Prestea mine (Block " A") is less than 5 square miles. This m~ne ~as been workmg on and off for more than 30 years. I do not consider that 5 squ8Te mIles IS too large an area. 4 .. I th~nk a company should be allowed to occupy the land concessIOn pnor to survey, the land being described in the inclen.t1i"!L'h. to do this now, but until a certificate of. liable to be confronted with an old lease, and ap'proval may take or by whatever melj.ns it may .Jnr~stJ;Ita;ilnld.: called upon to pay survey fel}S until the land is 5. I am in favour ot Jai@!'1Rd;!:!i~pldiiE ~Oourt. 73 6. It would be to the advantage of the country if concessionaires ~ere placed under obligation to commence work within a certain time, say, six months at .the ~)UtsIde! and th.ereafter continue effectively and continuously. In the case of a conc~SSlOnalre bemg oblIged to discontinue work a certificate of exemption might be granted provIded he can show good cause for the stoppage. It would be unfair to make this retrospective, but if it had been done from the start the country would have been opened up years ago. 7. Cases have occurred in which the rent has been raised by the Judge, and in which the applicant has thereupon refused to proceed further. In 8uch cases the landowner has afterwards gone to the applicant and begged him to take up the land at the rent originally agreed upon. 8. The miner should be in possession of such surface rights as are reasonably appurtenant to minino' operations, viz., occupation of such portion of the surface as is necessary for his plant and machinery, for housing accommodation for his staff and labour force, for the comtruction of roads and waterways, and for tbe planting of gardens for vegetables and other produc~ for ~he use o~ ~he people .connected with the mine, ~nd fo!, the us~ ?f such timber as. is reqUIred m the mmmg operatIons. I know of no case m whlOh a m)nmg company has made money other than by mining. 9. There are 2,800 workers on my mine. When I came to Prestea I started building houses on sanitary lines, and I have also assisted the boys working on the mine to build their own houses, but sub-letting is not permitted. There is a clause in the agreement which stipulates that the mine shall take over the house after they leave. It is desirable that the houses on the mining property should he in the hand; of the mining company. There is a large number of people in the village unconnected with the mine. I consider it most desirable that mineowners should erect, manage, and control the villages provided for their labour force; and that workers should not be permitted to put up their houses in any place they like. 10. We have a resident doctor, and the sanitary condition of the village is in his hands .. The people are gradually being moved to a village recently erected by the company on sanitary lines, but this cannot be done rapidly. They have to pay lOs. to give us the right to the property, and a sanitation fee of 2s. 6d. per month. These contributions represent only a small proportion of the money spent on sanitation. No profit is made; the whole, and more, is spent on sanitation. 11. We take up occasional timber concessions, which must be adjacent to the mining area . It is necessary to have the area taken up for timber surveyed. 12. I do not consider that the native is being deprived of land that he requires for his use owing' to alienation of land to Europeans. Tb ere is plenty of room for both the native and the European. 16. Provision should be made for the automatic cessation of such concessions as are not. proceeded with within a certain time after the filing of notice. (17) Mr. J .\MES 'IVILFRID NEWBURY, General Manager of Tarquah and Abosso mines, states:- This is my second tour in the Colony. The first tour lasted 11 months, and this, my second one, has so far extended over five months. 2. I have had no personal experience of applications for concessions here, but on four occasions I have been approached by natives who have represented themselves as being the agents for different Chiefs with concessions to dispose of. Two of them were in the north and two in this district . 3. I have bad experience in obtaining concessions in Australia, China, India, and Burmah. I know of no place in the British Empire other than in West Africa where the administration of land is in the hands of the judicial authorities. It would be better and more expeditious if it were placed in the jurisdiction of the Executive. It is probable that ~he man on the spot is in a ~etter position to learn all about the land than the Judge sitting m Court, and to that extent It would be preferable that the supervision of land matters should be in executive hands. 4, The preliminary negotiations are completed with the Chief without the intervention. of anyone connected with the Government. It is not until the filing of notice that the matter 'thin the cognizance of the Court. It would be a protection to both parties if the e~I.8rDllDt. .t .came into the matter in the first instance. land is recognised as the property of the Chiefs, and to that extent to that here. Notwithstanding this the assistance that is O'iven to Executive, and the Chiefs always refer to the Executive "'and the UIW"l"IIllY speaking it is a system to which the Chiefs are accustomed with by the Court here is the cause of the proceedings when a man takes up a concession he has no intention _ .......- tm]pecllitilOUB this type of man would be kept K 14 7. I approve of the suggestion that P!'ospecti!1g licences ~~ould be issued for a short term instead o£ the present system of ophons, wIth. the addlhon that the holde~ of the prospecting licence shall be compel~ed to. employ a certam nU!llber of men on prospectmg' work during each year that the licence IS vahd. The effect of thIS would be to comJ;>el the p.older of the licence to carrv on his work continuously and to a reasonable extent, and If he faIl ed ~o do so at the end of a~ny particular year it should entail for!~iture of th~ licence. Further , .It would place the bona fide worker in muc~ the same pOSItIon as he IS .at present. when .m possession of an option and at the same hme would prevent peop'le talnng up optIOns w!th the object of going home to sell them, because they would have nothmg to attract the attentIon of people at home. 8. The areas of the concessions I am working are both under 5 square miles, and no portion has been completely worked out. I could give no general idea. as t.o how much land could be worked within any particular period, becauae it varies so much m dIfferent places . 9. I consider it desirable that in cases where concessionaires proceed no further than the filing of notice. and take no steps to get the area surveyed and apply for a certificate of validity, the concession should be forfeited, unless the man has a reasonable excuse. 10. Concessionaires should be placed under an obligation to commence work within a .certain time, say 12 months, after approv\tl of the land, and thereafter to continue effectively, under penalty of forfeiture. 11. It would be a distinct advantage to permit a concessionaire to commence work directly the land is flpproved to him. He might be able to start work at onne, whereas in two years for some reason he might not. 12. '1'he miner should be allowed such surface rights as are necessary for mining opera- tions, and for the accommodation of the people connected with the mine, and the growing of vegetables for the use of the workers. 13 . I know of no case in which a mining company has made use of the surface for purposes other than those connected with mining operations. 14. We have a mining village for the accommodation of our people. The site was ·originally selected by the mine authorities. The medical officers were not consulted because they had not come to the district then. The houses are sometimes erected by the company and sometimes by -the natives. 'i;Y e do not propose to take over the houses belonging to the natives unless they become objectionable. If they did become objectionable we should apply to the Government to turn them out of the village, and take over the houses ' on valuation. There are not many outsiders in the village other than traders, who come in at will, but may not build without the _a pproval of the company. '1'hey can take a house from the company -on payment of a sanit ation fee and a small rent, which is spent on the conservancy of the village. Trade,rs are very necessary in a mining village that is isolated. All the workers in the village have to pay a sanitation fee of a penny per day, but this fee is in the first instance given to them by the company in addition to their actual pay, in order to give them a feeling ,of pe:r::sonal r esponsibility in the matter of cleanliness. As a matter of fact much more than the total of these fees has been spent on sanitation. So far in the present half-year we have spent about £1 ,500, which is £400 in excess of what has been collected. I know of no case in which a company has erected houses with the idea of making a profit. 15. We have taken up a concession for timber to use as fuel. This concession extends for 5 miles along' the r ailway, and is half a mile wide on each side. We have an exclusive right to the area, but take no steps to keep people off the land. If the natives want to come to collect natural produce, or for the purpose of shifting cultivation they can do so. The 'fact of our having taken a concession on the land does not affect the native in the least. This concession was taken up in the usual way through the Courts, and we paid a survey fee. How much the survey fee was I cannot remember, but it was more than £100. It would De a good thing if a company could take a licence to collect timber instead of the present ;sys~em whereby a concession is necessary. Our requirements would be equally well met by a lIcence. 16. I do not think that alienation of land is prejudicial to the interests of the native -population. There is plenty of land to spare, and, so far as I am concerned, I encourage the natives to come on to my mining land. 17. With regard to the mining licences issued under section 27 of the Concessions 'Ordinance, ~ f~e~ very stron&'ly that the~ should be in the name of the company and not in t~at of an md~vldual. At. the present tIme a comI,>any ~as. to go. to the expense of a fresh hce,nce ev~ry hme a man IS changed. I do not thmk thIS IS eqmtable. The licence should be Issued III the name of the company, and the number of labourers specified. (18) Mr. FRANCIS D. BRAY, General Manager of the West African Trust, states:- The concessions owned by my vU. .... I'. .L l.' '6,000 ft. They were taken over by who originally acquired them from the we are in the secondary stage, that is to say 9 r have had eXPIl:$nce 'Of flhilt ;ClO1mtJL'fI!J -wjth Childs regarding c01lc~IjOJ!Iw,. 75 3. One block of 2 square miles would be sufficient for working the mineral. If you have obtained an option and prospected in a thorough manner t.o enable you to locate the gold an area of 2 square miles would be sufficient. I do not thmk a term of 99 years too long. Owing to labour difficulties the term should be longer here than elsewhere. 4. I have had no experience of options on any property previous to titles. 5. '1'he surface rights of miners should include: the right to take timber for fuel 0.1' any other purpose connected with the mining operations , the right to erect plant and machmery, and buildings generally; the right to occupy the gTound for the purpose of makmg roads or aqueducts or other means of transport to the mines, housing accommodation for the lab~ur force, and the planting of vegetables and other produce for the use of those connected WIth the mine. 6. The forests included within the boundaries of our concessions are not sufficient to< supply all the timber required. One block would soon be exhausted . We do not use coal no ,,' on account of the cost of transport, but we shall have to eventually. How far it pays to carry timber depends entirely upon the configuration of the country. 7. About 300 natives are employed on one block during the sinking of shafts, but later on, when the mines are being worked, 1,000 will be required. They are provided with houses which have been built by ourselves on a definite plan, including drains and sanitary matters. The selection of the site received careful attention from a health point of view. liVe charge the boys a penny a day. Their wages average Is., 10d. per day. 1£ a boy is discharged from the mine, he is not turned out at once but is given an opportunity of getting work elsewhere., There is no resident population other than that connected with the mines and traders, and I should not allow it. So far we have got the whole matter of housing accommodation in our hands, including medical examination and sanitation. The whole of the fund raised by the boys' contribution of a penny a day is devoted to the expense of sanitation. OUT houses are bu;lt on modern lines, with swish walls and galvanized-iron roofs, and cost £30 each. They were designed in consultation with native clerks and surveyors. The medical officer has visited the village several times and is quite satisfied with it. 8. H the mine is at some distance from a town, the presence of traders is necessary to· suppl y the needs of the labour force. The goods supplied include luxuries as well as neces- saries. Aumis~ion is limiteu to those traders who have been commended to us by a European firm . All applications for gin licences are referred to us, and to that extent we regulate th em. This Rystem works very well indeed. We have three gin licences in the village, and that is ample. We make the traders build their own houses in accordance with such plans a~ are approved by us, on an approved site, and on the understanding that the house belongs to us. In the event of their wanting to vacate it we take it over at the price they paid for it. They build for themselves better and more expensive houses than we would. They are charged a ground rent of 58. per month, and the money goes into the fund for the improvement of the village. This fund does not cover the expenditure; and if a company looks after its village a surplus will never occur. 6. We have a resident medical officer who visits the village once every day. He has a body of men under him to carry out his instructions. They are entirely under his direction, and I think interference by the Government would lead to friction. 7. I have experienced no difficulty in getting labour, in fact I have to refuse it some- time~. The attraction is that we are not down to the low level yet, and the living is less expensive than at other places. I do not think the improvements in the village are sufficient to attract them, but they help. It is likely, however, that we shall have difficulty in getting suffieiellt lahour when we commence mining, and we intend to substitute machinerl for manual labour as much as possible in all departments. Not more than 30 per cent. 0 our present staff are JJ ativeR of the district. 8. I do not think the areas already conceded have incommoded the native at all. So far as mining' land is concerned alienation of land does not deprive the native of land that he has been in the habit of using. He benefits by the presence of the miner -because it gives him a market for his produce. The people farm to within 500 feet of the shafts in some places. 9. I see no reason why a concessionaire should not l3'et on with bis work prior to survey being completed, provided he takes the risk of going outSIde his eventual boundaries. On the other hand I ngTee that a concessionaire should be placed under obligation to commence work within a certain time, and afterwards to keep on continuously and effectively, unless he obtain a certificate of exemption. This would prevent people sitting down and waiting for a rise in the market-a thing that has been done often in the past. I should, not, however, care to express an opinion as to what time a man should be allowed to commence work in. I !uggest that the efficiency of thp work should be measured by the amount of money spent on Its development. 10. In a case where a man does not proceed with his application after a stipulated time it would be in the interest of the mining nommunity if the concession automatically lapsed. ' (19) no a'pplicationa for conceseions: all my land is divided of my sub-chiefs to advise me when they receive appli- If a 8ub-chief did not advise me, on the tIae. COJlcuaiOD. but if I am advised I have K 2 76 no right to do so. I receive one-tenth of the money.paid for lan.d conceded in my dist~ict. Before a sub-chief disposes of land he should consult hIS own counCIllors and elders. I belIeve this is always done. 3. After the tenth of the money has been paid tdob 101 gOlle to the Court of Appeal, and the customary law, governing title , ,ascertained and .fix~d. (See Sarbah's Fanti Law Reports, page 148 and 159, and Hayfor.d. s Gold Coast N ahve Institutions, pages 49 and 50.) Concession holders, in faith of the stabIlIt.y of the system, have gone to the enormous expense of having their concessions surveyed and then check~d by Government Surveyors, which has necessitated the establishment, as. a branch of the serVIce,. of a- Survey Department. The Chiefs t.hemselves have n?w and. agaII~ called for a declaratIOn . of boundaries between themselves whICh have been satIsfactonly adJusted by the Court. All this is to receive an unnecessary shock by the introduction of the services of a Reserve Settlement ' Officer an executive officer by the way, as against the Supreme Court, backed by decades ~f experi~nce and the confidence of the people. The bargain between a grantor and a grantee IS ' one that may fairly be left with an experienced J udge to interpret and enforce, where ne.cessary, modifying its terms to bring it within the protective provisions of the Bill. As I WIll show later on, this was the view t aken in the petition for the people in 1897 wh ich was settled by Mr. Asquith. For a running commentary upon the working of the Concessions Ordinance, I invite your attuntion to pages 108 to 207 of " Gold Coast Native Institutions." It is obvious that the mere filing of a concession, the mere printing of the notice of such a concession in the Government Gazet.te, does not give valid ti~l!fd, for when such a concession comes before the Court, unless it conforms strictly Je:The 'pr~sions of the Ordinance, it is most likely to be set aside or ordered to be modified and made conformable to such provisions. The foregoing are the conditions which, after matured. consideration, the Colonial Office, then administered by the Right .. Honourable Mr. Joseph Chamberlain, sanctioned to regulate the alienation of land by the people of this country. These are the conditions which the people have agreed should regulate grants of land by them to foreign capitalists. I have always under- stood, Sir, that the burden of proof is upon him who asserts a given proposition. Where are the facts of those who maintain that the Concessions Ordinance has failed, or is unworkable or inefficient? Where are the facts, I ask, for suddenly altering a policy of twelve years' standing, for altering a decision come to by the Colonial Office after deliberately taking the view of those whom the matter most concerned? So far as we know the public has only been treated to generalities which, examined. in the light of the actual facts of the situation, will be found to have little or nothing to maintain them. Therefore it is, and for other reasons that will later appear, that I am to ask respectfully that you may recommend the continuance of the working of the Concessions Ordinance, or, at the utmost , such slight amendment as might meet any well-founded complaint in the judgment of the Right Honourable the Secretary of State for the Colonies. It would appear that if a concession holder were allowed, say, a term of five years within which to get a certificate of validity, or to show good cause after that period why the concession should not be determined, it would meet any desire not to tie up indefinitely the lands of the people. Before referring in detail to the Forest Bill in question, it will be well to deal shortly with the history and matters relevant to the question leading up to the present time. In early times British settlements on the Gold Coast consisted of forts here and there on the Coast, which had either been acquired by, or fallen into the hands of, the British from time to time. Mr. Lucas, of the Colonial Office, in his:' Historical Geography of British Colonies," says: - " To judge from the old maps, a row of isolated forts and factories lined the water's edge, but they had no territory or territorial rights attached to them." Nor does it appear that the possession of these forts :md settlements in the mind of the British Government constituted a right to jurisdiction over the indigenes. In 1836 the Committee of African Merchants had occasion to write, with reference to the trial of Adoasi and Amuah for murder, as follows:- " Your proceedings in Council, April 6th, in re~erence to the trials of Adoasi and Amuah for wilful murder, we observe, were conducted in the Public Hall of Cape Coast Castle in your presence and that of Cabboceers and Paynims, and found guilty upon their own confession; these men were executed. " It seems, i!l your inforr,n~ti?n to us, tha~ there has been a very i;mportant departure from the proceedmgs of our Cnmmal Courts, masmuch as the confeSSIon of the prisoners was the chief evidence against them, but of the justice of the sentence there can be no doubt. " These remarks lead us to remark to you, which we feel bound to do, that we have bee~ in~tructed expressly by I;or~ ~le~eg that the Britis.h Government pretends neither to terntonal posseSSIOn nor to JunsdlChon over any portIon of the Gold Coast excepting the actual site of the several forts and castles. It is, therefore necessary that your authority should be exercised with very great caution." , In.1842 it was recommended:- "That all jurisdiction over the native tribes beyond the immediate radius of the fort~ should be the subject of d.istinct agreement with them-not the allegiance of suNects. but the deference of weaker powers to a stronger and more enlightened neIghbour." The wars Ashantis in which the British took active part, did not alter the relations "g:an~'~=::i~ be1~WE!etl the Government and the aborigines, for after the last war ther~ C Colonial Office in 1887 in which it was stated: - _~lll!l,ex:atl~n. used by Mr .. S. is also incorrect, inasmuch as the still remams a Protectorate, the soil being in the IlIZl8lllClO:lon of the Chiefs." the British Government claimed and received 102 For more detailed information and for authorities upon this subject I may refer you to:- Chapter 4 of Gold Coast Native Institutions , pages 135 to 167. (Sweet & Maxwell, Limited.) . . Fanti National Constitution, pages 71 to 120. (W. Clowes & Sons, LImIted.) In 1894 a Crowll Lands Bill was introduced and afterwards abandoned. It was an Ordi- nance to vest" all waste land and forest land in the Gold Coast in the Queen for the use of the Government of the Colony." . ' The impression then was that there were waste lands and forest lands III the country whICh might be rightly vested in the Crown, and the desire ~as to so vest th.em. . . . In the messarye, with regard to the Bill, of HIS E xcellency Su WIllIam Maxwell to the Legislative Council, in March, 1897, he said:- " The principle which was thereby soug·ht to be laid down had been t!:te subject of criticism, and, under the direction of the Secretary of State for the Colomes, had been abandoned;" and the Bill was not proceeded with. In 1897 the" Lands Bill of 1897" was introduced, which sought (inter alia) (preamble 5) "to provide for the proper exercise of their powers by those entrusted wit~ the disposal of public lands and to prevent the improvident creation of interests therein and nghts thereover," and stress was laid upon the reckless felling of timber and the necessity "to preserve waste and forest land and minerals being improvidently dealt with." It was by this proposed Bill of 1897 recognised that the power of disposal was not in the Government, but that is was necessary to prevent the improvident creation of interests in laIl:d by persons having the power of disposal. The Ordinance, however, went on to define publIc land , and Section 13 stated (inter alia)- " No right of any description shall be deemed to have been or shall be acquired by any person over any land except the following:- "(a) Rights acquired by the Government by prescription, purchase, possession, occupation or user, or under any law for the acquisition of land for public purposes." It further went on to declare in SectiON 4 that- All public land in the Colony may be "administered" by the Government of the Colony as herein provided. and proceeded to deal with the following matters:- The manner of reserving land for specific purposes . Reserve land not to be occupied. Notice of permanent reservation of the land to be published III the Gazette before such reservation. - Notice of temporary reservation to be published in the Gazette after such reservation. Governor may divide territory into districts. Grant by native Chief without previous consent of Governor to be unlawful. Authority to nativ.e to settle on public land. Allotment of land for shifting cultivation. Settlers' rights, &c. It was obvious, therefore, that the Lands Bill of 1897 dealt with the acquisition of the- lands of the people for public purposes in one or other of several ways, and the" administration" thereof by the Government. The people then objected to this (as they are now objecting to the Forest Bill, 1911). Petitions were presented to the Queen; these were settled by the Right Honourable H. Asquith, R .C., M.P. The matter was also urged in the Legislative Council of the Gold Coast. In 1898 a deputation from the Gold Coast was received by the Right Honourable Mr. Joseph Chamberlain, when, after a lengthy discussion, the latter acknowledged in substance the validity of the objections which had been taken to the proposed Bill of 1897 and directed the- Concessions Ordinance to be passed as a regulative measure, and the Concessions Ordinance, 1900, was the result. I shall hand you with the other Documents referred to in my address a bound book containipg the proposed Lands Bill of 1897, the petitions , and other papers, to&,ether with the arguments of Counsel when the deputation was received by the Right Honourable Mr. Joseph Chamberlain. This was the position of affairs when an Order in Council of 26th September, 1901, was passed. This was, however, repealed by the Order in Council of 22nd October, 1907. In 1906 the Government attempted to pass a Bill-" The Native Jurisdiction Bill or 1906" -which in effect" cO.nferred " upon the indigenes the jurisdiction which they already possessed and claimed as inherent. The person addressing you then appeared at the second reading as Counsel in opposition to the Bill before the Special Committee of the Legislative Council, and the matter was rully dealt with by him as to the principles of the Bill, and there will be handed you a copy of his address. The historical allusions and references to decided cases may assist in this matter. I now come to the Forestry Bill, 1910, which I have before mentioned as having been proposed and withdrawn. This, with the attempted Bills or 1894 and 1897, was the third attempt by the Government at land legislation for tlie Gold Coast. Upon comparing the Forest Bill of 1911 (the Bill in Question) with the of 1894 and the Lands Bill of 1897, it will be abundantly clear that it iJ,l1;ro~[j.J!I),eB,.~ encroachments on the people's proprietary rights which were objected to in 1897. As I have already pointed out, the object Government the lands of the people as measure in the form or the " Concessions v.uu.~~. ." '; grants of mining land, were reg;ltlated, unimpaired. The excuse put forward at the time for the promulgation of the Lands Bill, 1897, was that the natives were alleged to deal recklessly with their rights in the lands. I am to point out that the same excuse is now put forward in the Forestry Hill, 1911, for Pa1·tly vesting in the Government the surface rights of the country, at first through the operation of an Ordinance passed in 1876 called the" Public Lands Ordinance," and for the management of the remainder, and I submit that the result of this would be to arrive indirectly at the object sought in the Lands Bill, 1897, which, as I have already shown, was abandoned. It may be noted that after the arguments of Counsel upon this :B'orest Bill the Government withdrew from the position of compulsory purchase under the Ordinance of 1876 and introduced acquisition by lease. 'l'his is even still more objectionable, as it places the Government under the temptation of exploiting the lands of the protected people directly or indirectly, and, moreover, places the nati'l'e grantor in an embarrassing position as dealing with a most powerful grantee, the" Protector "-in other words, the trustee or guardian. It would, therefore, appear that for the purposes of the present case the history of land legislation on the Gold Coast may be taken from the year 1894, when the Crown Lands Bill was introduced, and it should be remembered that the then Secretary of State admitted the soundness of the criticisms passed on the Bill. It should further be borne in mind that the Right Honourable Mr. Joseph Chamberlain in 1898 acknowledged the validity of the objections to the proposed Lands Bill of 1897, and directed the Concessions Ordinance of 1900. I am to submit that since 1898 the land question of the Gold Coast has been a settled one, and should not be open to argument. The soil was not vested in the King of England and has never been acquired by conquest, cession, or purchase. It will now be necessary to examine the proposed }<'orest Bill, 1911, with some detail. It is important to notice that the Bill was without preamble, showing, so far as the title was concerned, the reasons and objects which had called for its promulgation. Some reasons and objects were, however, stated at the foot of the Bill by the' Attorney-General, but their connexion with the Bill would, of course, cease when it became law. It is submitted that it is essential for future guidance that a Bill should state' in a preamble its scope and meaning and the ·objects for which it is required. It may be noted that since the speeches of Counsel before the Legislative Council a preamble has been inserted in the Bill as passed. I am to submit, respectfully, that the Dill as a whole gives the Government the power of administering and granting stool, family, individual, and tribal lands, with three-fifths of the gross receipts going to the Government, and the remaining two-fifths to the owner or owners. This, in effect, establishes a system of farming out the lands of the people, which, I am to point out prominently, is one of the most objectionable features of th~ Bill. In the definition clauses of the Bill there appear (inter alia) in Clause 2 "unoccupied land means land which is not used for permanent habitation, and has not been cultivated for ten years." "Reservation land means land with respect to which a Reserve Forest Officer has given judgment under Section 8." These definitions appear to be too wide. As there is no definition of "forest," it has its ordinary meaning, and if the title of the Bill is construed to govern strictly all its provisions, lands other than forest lands without limitation are included. From the definition of unoccu- pied. land. as land which is not used for permanent habitation and has not been cultivated for ten yearE~, the idea seems to be conveyed that if such land were to be left fallow for the purposes of shifting cultivation in vogue on the Gold Coast for a given period, it would be deemed unoccupied land., and many private lands would be thereby declared" unoccupied" lands. The Bill then proceeds to deal with such matters as the following:- Clause 4. Governor in Council may declare certain lands subject to forest reservation. Clause 5. Prohibition to take timber, collect rubber, &c., during period of order. Clause 7. Inquiry by Reserve Settlement Officer. Clause 11. Enables the Government to acquire and manage land under Lease. Clause 13. Prohibits the cultivation of land in Forest Reserve, and the collection of Forest produce, &c., in such Reserve. I submit from the above, that it is clear that the "administration" of public lands by the Government, proposed by the" Lands Bill, 1897," was the same thing as "management" by the Government of reserved lands now proposed by the Forest Bill, 1911, now in question. Under the Lands Dill of 1897 the Government proposed to acquire lands for public purposes in one or other of several ways, and that is the intention of the present Bill, and such lands would in effect, be Crown Lands. The Dill of 1897 and this present Bill deal with reserved lands and whether it is called" waste land ," "unoccupied land," "forest land," or "bush land ,', the reault is the same to the person or persons claiming proprietary rights to such land. ' Before proceeding at the moment with the further consideration of the sections and scope Gf the Jlroposed Forest Bill, it may here be convenient to refer to the nature of the criticisms which have been made with regard to the claim of the Government to introduce land legislation .affecting the proprietary rights of the people of the Gold Coast. I haTe alriady Ht.red to the remark of Mr. Lucas of the Colonial Office, when he says:- hom. the old maps a row of isolated forts and factories lined the water's "'18,~,bllt.1*lIlf>'1ld1i1ihlo territory or territorial rights attached." Fanti and Ashanti by Captains Huyshe and Brackenbury, it is l!hD'CItpean Companies on the Coast, Dutch and Danish as to the Coast tribes for the land on which their 1@4 In the Government Gazette Extraordinary of August 13th, 1897, pages 298 !lnd ~299, are ,grciu}Je.d the following opi~ions ~y influe~tial o~cials ~pon land tenure upon the Gold Coast;- HIS Honour Mr. JustIce Smith (ActIng Chlef J u~tlCe) ; , " Land in the Colony is distinguishe~ und~r the following ~eads; stool land, private land, and family land. Under these designatIOns all. the land In the Colon:}" save w~~t the Government have from time to time taken for publIc purposes, has, accordIng to native iaw, an owner. , . " Most carefully do the natives preserve and hand down all tr,aditions connected with the ownership of such lands, and no matter how small may be the plot of land, they are always keen in preventing any encroachment on their rights in respect thereof." , The Honourable Bruce Hindle (Attorney-General, and afterwards Chief Justice of Sierra Leone) ; "It is considered by the natives that all lands, whether reclaimed or not, are attached to the stools of- the different Rings and Chiefs, with the exception of the com- parat'ively small portions attached in manner hereinafter mentioned. There is no land which is not or which has not been so attached. In the bush the boundaries are generally fixed by particular trees, by natural features, such as rivers and streams." Major-General Sir Francis Scott (Inspector-General of the Gold Coast Constabulary), said;- " As a general rule among the real natives of the Gold Coast the tenure of land is perpetual , whether cultivateC\ or otherwise. All land on the Gold Coast is either the property of a (1) tribe, (2) country, (3) town, (4) Company, (5) family, or (6) an individual. " W. H. Adams, B.A., Barrister-at-Law (District Commissioner) ; " Every acre of land on the Gold Coast has an owner. 'rhere is no unoccupied land. Though no bounda,ries may be visible to a European, they are perfectly clear to the eyes of the various owners. It would seem as if in the remote' past the whole land had .been vested in the various kings, each stool, with its boundaries, forming a commonwealth." In "Fanti Customary Law," the learned author, the late Hon. J. M. Sarbah, C.M.G., Barriste;r-at-Law, who addressed the Legislative Council of the Gold Coast upon the subject of the proposed Lands Bill , 1897, and who, subsequently, became a prominent and useful member thereof, says; " The Ring, by the law of England, is the Supreme Lord of the whole soil. Who- ever, therefore , holds lands, must hold them mediately or immediately of him; and while the subject enjoys the usufructuary possession, the absolute and ultimate dominion remains in the Ring (Co. Ltd., 1a). " As far as the Gold Coast is concerned this portion of the English law does not . apply, for it is a group of territories, under native rulers, taken under British protection. It is British t erritory, but not so by conquest or cession; as a matter of fact, the Colonial Office stated on the 11th day of March, 1887, as published in Parliamentary Blue Book of that year, that it is inaccurate to state that after the successful Ashanti expedition of 1874 the Protectorate was annexed by Great Britain and became a Colony, inasmuch as the greater portion of the Gold Coast Colony still remains a Protectorate, the soil being , in the hands of the natives and under the jurisdiction of the native chiefs. ' " According to native ideas, there is no lana without owners. What is now a forest or unused land win; as years go on, come under cultivation by the subjects of the stool OT members of the village community, or other members of the community." , And the following authoritative statement of His Excellency Sir William Macgregor, M.D., C.B., R.C.M.G., sometime Governor of Lagos, based upon matured experience, is well worth noting; "In dealing with the natives one must never touch their rights in lands, or com- promise the a.uthority of the chiefs. If one wished to stir up trouble in West Africa, all one would have to do would be to suggest that the l!lnd of the natives is about to be taken away from them. Unfortunately, their credulity in this respect is sometimes practised upon." " I also again call attention to the result of the deputation in 1898 to the Right Honourable Mr. Joseph Chamberlain with regard to the proposed Lands Bill of 1897. Mr. Chamberlain 'acknowledged as valid the objections to that Bill, and he directed a regu- -lative measure to be passed, i.e., the" Concessions Ordinance, 1900." Under Section 11 of that Ordinance, concessions can only be declared valid under certain conditions, and the definition of a Concession is "any writing whereby any right, interest, or property in or over land with respect to minerals, timber, &c., or the option of acquiring any such right, &c., purports to be either directly or indirectly granted or agreed to be granted by a native." The Acting Governor of the' Gold Coast Colony recently, in introducing the estimates. foresnadowed a further regulative measure (and he ' no doubt had in mind this Forest .Bill). and said;- " The Government is making inquiries as to been and are being alienated ~nder the, IS~· :~~~~:l:::nt:~i sented that' the area already alienated is soe .b.il!l.tl.~ "tbi country from exercising their custom of "hiiftinD' cUltl'Vat;loll1_ livelihood, 'and to deprive, them of their Clll!ta:II!Qij , pr.oduce. It may be. necessary, the future the a~ea of Concession 105 rights in lands and its natural produce. If such actio~ should .be necessary the G?vern. ment will lay before you a Bill to amend the ConcesslOns Ordmance, 1900, and m the directions which I have indicated." I have to point out in regard to this, that the proposed Forest Bill, l~ll, .ca~not po.ssibly be construed as an amendment of the Concessions Ordinance, 1900, on the hnes mdlCated m the above speech. . . . In August last during a sitting at Cape Coast of the Amanhm and A~mfu (Kmgs and Chiefs), in conference with th~ G:old Coast Aborigines' Rights .P~otection SocIety, they had an audience with the Acting ProvIncIal CommIsSIOner. The CommIsslOne~ told them that the F?rest Bill was intended for their good, that the Gold Coast was of small Importance to the BrItIsh nation, and that, if the latter left them, some other Power would snatch them up, or theu old enemies, the Ashantis, would return. The Amanhin upon this remarked, through one of their number (Amonoo V.), that many European people had visited their shores from remote times, and that they had selected the English to live with them, knowing that they would treat them fairly and well. . . I am, however, again to point out that the people find from the Government a perlOdIcal return to the same line of legislation which in 1894 and again in 1898 was admitted to be untenable and inapplicable. I will now continue the reference to the main principles of the Forest Bill, 19l1, and some of the sections and scope of the Bill. It will be seen that Section ll , sub-section (c), is very drastic, for it makes it lawful for the Government, in the form of leaseholds, to acquire the right of holding and administering the la'nds of the people. This, in effect, is as objectionable as the similar clause in the amended Bill, which gave the Government the right of acquiring compulsorily the lands of the people. If Section II became law, it is conceivable that within a generation or two all the lands would pass into the hands of the Government as completely as if they had been compulsorily acquired, and instead of protection there would be confiscation. I am to point out that any further regulation of the granting of land by the owner so that both grantor and grantee may be , if necessary, better protected, will not meet with disfavour. But what the people respectfully, but emphatically, object to, is that the Government should transform itself into a mammoth syndicate for the purpose of exploiting the lands of the protected people. And, in this con- nexion, it must be emphasised the distinction between acquiring by lease small plots outside municipal areas for, say, a Botanical Garden, and the wholesale power of thus acquiring any lands whatsoever, for purposes which cannot by any stretch of terms be construed into" public service." To find the true interpretation of the words" public service," one must refer to the preamble 9£ the Public Lands Bill, 1876, which says:- " Whereas it is expedient that provision should be made for regulating the acquisition of lands rllquired for the senice of the Gold Coast Colony and the method of holding such lands, &c." These words can scarcely be construed to convey the same meaning as protection of indi- vidual, stool, tribal, and family land by way of compulsory acquisition and alienation, as was proposed by the Bill. For neither the immediate nor the remote object affects the g'eneral public, as in the case of acquiring lands for railways, the building of hospitals or museums, and the laying out of parks and botanical gardens. Similarly, neither can the holding of land by Government for, say, a term of ninety-nine years, with the, power of sub-letting the same, be possibly construed either immediately or remotely into a holding for the general public. The distinr.tion is most important, and I am specially instructed to emphasise it. It would appear that Section ll, which I am discussing, provides the principle whereby the Government are going to create or acquire Crown Lands, thus practically recalling and reintroducing the abrogated Lands Bill of 1897, for it should be remembered that there are practically no Crown Lands in the Gold Coast, the soil of which belongs to the indigenes. The section, it must be remarked, goes far beyond the scope of the title of the Bill (Forest Bill). A Forest Bill implies a protective measure. The Bill before us, it is important to remark, when put into operation, will amount to an act of confiscation and dominion. If the reservation of forest or bush lands cannot come within the provisions of the Public Lands Ordinance, 1897, and be construed into acquisition for the public service, no more can such reserved land be held under lease by the Government and construed into a holding for the public service. In the case of acquisition of lands at S~kondi by the Government. and then selling or leasing them out to "other persons," the matter was . questioned by the Gold Coast Aborigines' Rights Protection Society. (See" Gold Coast Native Institutions," pages 382 to 388.) In considerins- the objectionable parts of this Bill to which attention has been drawn it is necessary to keep III view the principle and the precedent laid down in the case of the abro'gated Lands Bill, 1897, and it will be seen that it is not a mere blind opposition that is offered to the ~ill. Rather alII: I. directe~ to s~bmit in sympathy: with th.e principle of s'!-fe-guarding the mterests of the Illdigenes III then lands and secunng the mterests of commg generations that before a Court certifies as valid a concession with respect to timber rubber 0; other products of the soil, or the option of acquiring any such I'ight' interest or p~perly, it should be. p.roved to the satisfaction of the Court that an area of not 'less than one- half of the orlgmal land of the grantor has been reserved for the cultivation of the dooll. tr~beJ and that no concession shall be for a l.onge~ period than fifty years. InIO.Il a be ample to protect reckless alIenation of stool, tribal , and family be made fO.r any stool ho~der to regulate such portions of such subject to the adVIce of a Forestry Instructor this con- of stool. tribal, or family lands. ' Bill, these taken together are tantamount to the similar here it was laid down that the Governor of the Colony the Colony. . o 106. .... As a' general comment upon Sections 11 to 16, of the Bill,. section 11, sub-section iii, says:- Every such Forest Reser-ve shall be managed (b) "by the Government for the benefit of the owner or owners." e I have before stated that. whether it is called " administratio:r;l." or "management," it is the same thing. . - . - . In the petition (prepared by Mr. Asquith) presented agaInst the Lands BIll, .1897 (Bour0 Book, page 2), this point is dealt with. , "7. The practical effect of this' administratioll.' (to be collected from the v~rious clauses of the Lands Bill) is to vest in the Governor the ultimate and paramount htle to aU the unoccupied lands in the Colony." And it is submitted that the provisions in the Forest Bill will produc~· the same result when set in operation. An anomaly introduced by the Forest Bill is the making of a Reserve Settlement Officer practically a judicial officer. The same thing was ailtempted by the Land Bill of 1897 and was objected to. In the petition (Bound Book, page 2), paragraph 5 says:- cr . If it be essential to the well-being of the Colony and Protectorate that concessiolls should be regulated by some authority, and that some system for the .sale and transfer of rights by native owners to foreigners should be established, Your Petitioners would most humbly suggest that such authority .should be the said Supreme. Court." I am instructed that instead of the proposed Forest Bill which, as I have shown, is an .encroachment on their right, what the people really require is regular instruction as to the ',Vay to grow their crops and prepare them for the market with but as little interference as pOSSIble with their deep-rooted ideas of land tenure. I am to submit that instead of a number of Forest Officers and a department \vhich will swallow up three-fifths of the gross receipts of the managed property, Forestry Instructors might be appointed in order to eu.ueate the people in sci~mtific agriculture and arboriculture. Such instructors should be duly qualified persons versed In the native language. In this connectiQn it is important to note that the Amanhin having power under the Native Jurisdiction Ordinance to make by-laws for the conservation of their forests, they WQuld work hand-in-hand with such instructQrs, guided by the constant advice of the latter, to the benefit of the economic development of the country. For the remuneration of the instructors it is suggested that an additional stamp duty of £2 might be charged for every square mile of the area in ,respect Qf which any rights are acquired, transferred, assigned, or surrendered, besides an additional charge of 2s. for every 20s. of the annual amount of all profits from or in respect Qf rights confeTred by a concession, with a provision that it shall not apply to a native farming in the ordinary native way. Any suggestion to. ensure normal rain- fall in the country, and the natural productiveness of the soil, cannot but meet with general apprQbation. The people are anxious to learn; and if the Amanhin and Ahinfu (Kings and Chiefs) are duly instructed , they will, under the power they have under the Native Jurisdiction Ordinance, Qf conserving forests, secure the desired Qbject without the introduction of drastic principles prQved to be inapplicable to Gold Coast conditions. The last Native Jurisdiction Bill was a regulative measure, and the Government have shown much anxiety that it should succeed, but r am instructed to point out that should the Forest Bill become law, according to native ideas such jurisdiction as there is will have little or no foundation. It is incQnceivable in the . native mind, a jurisdiction without land or without the right and PQ'lYer of active management of such land. To take away the control of the lands by the Amanhin and Ahinfu is to practically destroy the whole fabric of native institutions. To. summarise and emphasise a few leading points, in the year 1894 the Crown Lands Bill was introduced into the Legislative Council. It was proved beyond question, and it was admitted by the GQvernment, that there were no Crown Lands on the GQld Coast. Three years afterwards the same matter came up in a different form, with the introduction of the Lands Bill 01 1897 into the Council. The matter was fought out first in this cQuntry, then at Downing Street, and the then Secretary of State for the Colonies, the Right Honour- able Mr. JQseph Chamberlain, "acknQwledged in substance the validity Qf the objectiQns which had been taken to the Ordinance prQPosed by the GQvernor." The Lands Bill was not prQceeded with. A regulative measure, in the shape of the" Concessions Ordinance, 1900," was passed in its stead, which, while abandQning the principle of ownership, acquisition, or administration on the part of Her Majesty's Government, sought to prQtect the interests Qf the grantor and grantee Qf land on the Gold CQast. This was tantamount to a pledge and an understandinr. that the land question on the Gold Coast, and the principles appertaining to. the tenure thereo , were for ever settled. From the people's PQint of view they did nQt think it possible that on the s~ig·htest provocation the sel£-~a~e question would be raised again. Hence the grave appre- nenslOn of the people at the penodlC return on the part of the Government to the same line of leg~slatiQll' admitted to be untenable and inapplicable, particularly when it is remembered that SInce the days Qf Lord Gleneg, a former Secretary of State for the Colonies in 1836 as over and over again repeated in official despatches, it has been impressed upon· the local Gov~rn­ ~ent that the soil Qf the qold Coast is not in th~ King of England. T~e soil of this country, SIr, has never been acqUlred by conquest, ceSSlOn, or purchase, and It may be particula:rJ;V pointed Qut that since 1898 the land question of this cQuntry has been a settled one ~ open to. questio:n. . But on t11e most curSQry reading' of the Forest Bill it is clear that the same aimed at as in_the two fQrmer Bills of 1894 and 1897, which were a:bandoned ·the people. If an amendment of the Concessions Ordinance, Governor's speech, is what is intended, then this Bill goes amending Ordinance. For in the people's view it is a drastic ally perhaps, defeats what must be regarded admission and acknowledgment which he 107 ·· the Lands Bill, and which may .g'o -a .great way in: "Unnecess~ily shaking' t~e ~onfidence. ,of. the people in the intentions of the-Go'\'ernment; for the prmCII?le .?f a:ppropnabo~, confi~Ga-bon, manaO'ement or administration, goes to the very root of the mstitutlOns and sOCIal economy of the p~ople. 'Take away the control and active management of the lands by the A.manh-in a.nd :khinfu (Kings and Chiefs) and you have ·practically destr0y~d the whole fabnc of native institutions, This is but the naked fact, I am respectfully to ponit out. All these facts; and ·the circumstances of the case, S ir, ·point unerringly, I am to submit, to only an amend~ent of the C0nc~s.sions o.rdin~nce, if it can be shown .that the need for so doin'O' exists; lor It · does 'seem as ·If the sItuatlOn had been unnecessanl yexag·gerated. It has been taken for -granted ,tha·t the notices appearing in the Government Gazettes are tanta- mount to such areas as will ultimately receive certificates of validi~y. As an experienced practitioner of the Supreme. c,ourt, I ·can ~ell you that t~ere is many a sl~p . between a notic~ in the Gazette and the obtammg of a certificate of valIdIty. Upon exammmg the records It will be found that the number of 'co-ncessions filed go beyond 1,240, but ·there are very few men practising at the 'Gold Coast Bar who can claim a dozen . certificates of validity to their credit. The alarm raised, it will ·be found, has little or nothi.ng to support it when you come to examine the actual facts. The Concessions Ordinance lays it down clearly what areas may be alienated-in the case of a Gold Mining concession five square miles, in the case of timber twenty square miles, and, according to the Conservator of Forests, the timber areas of the country have scarcely been touched, the cuttings having been confined to the banks of the rivers and along the Government Railway. Possibly, in some instances, agricultural leases have been negotiated which give ground for investigation . - But negotiating a lease, it may be respectfullj submitted , is obviously a different thing from its passing the Concessions Ordinance, which is the protective and regulative creation of Mr. Chamberlain's administration. If the administration of the Ordinance be in any way lax, it would be simple .enough to introduce amending rules instead of introducing wholesale a drastic measure of far.reaching consequences . Nor does the fact that there is a Forest Ordinance in Southern Nigeria affect the case. With all deference it may be submitted that the history of Southern Nigeria is different from that of the Gold Coast, and Earl Carnarvon has warned us that it is a safe rule, when approaching any question of local legislation, to have due regard to the circumstances of the case. Writing to Goyernor Blackwell in 1867, who was then administering this Government, he said: "I can only look to the history of the place, and the nearest approach which can be discovered to a precedent for my assistance in endeavouring to arrive at a just conclusion." Lagos, the capital of Southern Nigeria, was ceded to the British Government by its King' in 1861. The Gold Coast has never been conquered , ceded, or alienated in any way to the British Crown. Said Mr. P. H. Meade of the Colonial Office in 1887, writing for Lord Knutsford with reference to the Gold Coast: "The term annexation used by NIr. S. is also incorrect, inasmuch as the greater portion of the Gold Coast Colony still remains a protectorate, the soil being in the hands of the natives, and under the jurisdiction of the chiefs ." I thank you, Sir, on behaH of the Amanhin, Ahinfu, and other rulers and people of the Gold Coast, and the Aborigines' Rights Protection Society, their mouthpiece, for the courtesy am1 the patience with which you have heard us this day. The matter is so important that I beg to hand you herewith, in writing. what I have had to lay before you, and I trust that I have shown ample reasons wherefore the policy of the Right Honourable Mr. Chamberlain, while a<1ministering- the Colonial Office, should not be set aside, and the solemn pledge then given by him, which has become the Magna Charta of the people of the Gold Coast, set at nought, and that yon will Ree your way to recommend to the Right Honourable the Secretary of State for the Colonies the upreme importance of advising His Majesty the King in Council to withhold ilis assent to the Bill. (2) ADDRESS BY EMMANUEL JOSEPH PETER BROWN. Mr. Special Commissioner BELFIELD :- I am very pleased to have the opportunity of addressing you on the Forest Ordinance, as well as on certain matters touching the Concessions Ordinance. In my friend Mr. Hayford's speel'h. delivered before you thi" morning, are incorporated some of the main points of objection whil'h 1 advanced against the Forest Ordinance (then a DiU) in a speech delivered before the Legislative COll-ncil of this Colony in September of last year, on behalf of the people. First of aU I wish to say th:lt certain critieism has appeared in the English Press with regard to the position of educated natiyes and the Amanhin and Ahinfu of this country. The suggestion, or rather the accusation. has been made that Barristers, and a handful of educated persons instigate our people to raise objections against measures intended for our own good. It is a false accusation and a gross misrepre"entation of the true tate of affairs. As you were rightly informed yesterday at the Reception Ceremonial, I am connected with one of the Stools in this country and have family lands. forest and otherwise. I wi~h then to ask you to hear not .. a Barrister and a member of the Aborigines' Society, but also as one who has therefore, likely to be affected by the Forest Ordinance. into main subject. I degire to make some remarks about Mr. Morel, who, far in. gett~ng the C?loni~l Office to ~end you out here to inquire lODCel!181CmS m vogue In !hl~ country. I. am., therefore, referring but merely POIntIng out that Ius mllld on the conditions ODlO&lWIDg in thi country, as well as of the great interests .tbl'ellltEws to disorganise and ultimately destroy, was, o 2 lu8 Mr. Morel, hitherto has been contending that under the Concessions Ordinance the term of ninety-nine years is t~o long a period, and that in practical politics it amounts to absolute alienation of native rights in the soil of this country, which is quite true. Also that the ar~as alienated are enormous and, therefore, provision should be made ~o ~eserv.e lands for. C01Il:lllg generations. Ris contention is, indeed, a sound, wholesome, humallltanan VIew ?f the sItuatIOn, which every right-thinking native must readily admit and thoroughly appreCIate. But here again is Mr. Morel supporting another measure which would have the same adve!se effect. on the inherent rights of the indigenes, such as is being' deplored under the ConceSSIOns Ord~nance. For, as there is no provision restricting' or limiting the term of years under the Forest Ordmance, a grant by way of lease under it may carry the same term of ninety-nine years and even m?r~; there is also the dang'er that the quantity of land to be reserved may extend ~eyond ~he lImIt of what is allowed under the Concessions Ordinance. Furthermore, it is qUIte ObVIOUS that under the Forest Ordinance those who will have to lease reserved areas from the Government will be foreign speculators or capitalists, natives being entirely out of the question, and th~t being the case, it would certainly be adding to the same ag'rarian dangers which Mr. Morel IS endeavouring to ward off in the interests of the native African, and which will assuredly be a recurring evil impossible of any permanent remedy. Mr. Morel goes on further to say that the Government are reserving our lands, according to the preamble of the Ordinance, for our own benefit, and he therefore fails to see the propriety of our opposition to the measure . In this connection it is interesting to recall his own words in an article dated 25th February, 1909, on " Fre<'-O'rown Cocoa" which he contributed to the " Daily Chronicle," in which he eulogises the people of this country for the marked progress they have hitherto shown and are showing in the development of their lands. Says he:- ." The first sod of the Accra-Akwapim Railway, in the Gold Coast, was cut by the Governor, Sir John Rodger, on January 7. It is being built to develop the agricultural wealth of the Colony, especially the cocoa industry. "'Ve have heard something about' Slave-grown cocoa' recently, and we shall hear a good deal more when Mr. William Ca.dbury and Mr. Joseph Burtt return from their mission of investigation in Angola and San Thome. But how many Englishmen are acquainted with the romance of 'Free-grown cocoa' in one of their own West African dependencies? Yet the story is one which should be known, just ROW especially. "In 1879, Tettey Quassie, a Fanti of Accra, on the Gold Coast, hired himself out as a labourer with others of his countrymen for a term of service on the Spanish island of Fernando Po. There he worked on a cocoa plantation. When his term expired Tettey Quassie returned to '''Ve Country,' as his cousin the Kroo-boy puts it, but he did not return empty-handed. Re brought with him a few plants and pods of cocoa, and he put them in the ground at a village called Mampong. Four years later the plants began to bear fruits, which 'l'ettey Quassie sold to neighbouring villages at £1 a pod. Seeing that there was money to be made the natives eagerly bought the pods at this price, and Tettey Quassie, full of his Fernando Po experiences, gave his countrymen some rudimentary tips in the art of fermenting and drying the cocoa. In 1885 the first consignment of native-grown cocoa was exported from the Gold Coast to Europe. It weighed 121 lb., and was valued at £6 Is. " I do not know what became of Tettey Quassie after that; probably he died, and with his death his acquired knowledge. In 1890 the Basel Mission imported some cocoa pods from the West Indies and sold them to natives at 2s. apiece, and some years later a botanical station was established at Aburi. By 1894 20,312 lb. were exported by native growers, valued at £547. "Since then the industry has advanced, literally by leaps and bounds. With no expenditure of European capital , with only some technical help from the Government-and very little of that until comparatively recently-but with its good-will and sympathetio encouragement, the native of the Gold Coast has built up a purely native industry on his own land, as his own landlord, farmer, and vendor. This man, reputed to be lazy by the super- ficial globe-trotter or the exponent of the ' damned nigger' school, has carved from the virgin forest lIon enormous clearing, which he has covered with flourishing cocoa farms. Armed with nothing better than an imported axe and machete, and a native-made hoe, he has cut down the forest. g'iant. cleared the tropical undergrowth, and kept it cleared. With no means of animal transport, no railways, and few roads, he has conveyed his product to the sea, rolling it down in casks for miles and miles, or carrying it on his own sturdy cranium. So industrious has he shown himself that in fourteen years his output has risen from 20,312 lb., valued at £547, to 20,956,400 lb., valued at £515,089. " Here is a result to make some of us pause in our estimate of the negro race. A people that can do this, under these circumstances, will not be a negligible factor in the economic development of the world, when science and the white man's arts and crafts have given them the technical knowledge which they still lack, together with adequate means of transport . ." The cocoa plantations now extend to the western side of the Aburi hills through Akim and Kwahu, until they reach and even cross the borders of Ashanti; while in Ashanti proper, the Ashanti himself is taking to the industry with such zest that few are now the natives who canD_ot boast of at least one cocoa farm, while many of them own three, four, and even more plantatians. N either in the Colony proper nor in Ashanti has the cultivation attained to anything like its full development, and in many parts of Southern Nigeria climatic conditions are equally favourable to the growth of theobrom.a, 'the food of the gods' as old Linnaeus used to call it. " In recent years the Gola Coast Government has, to its credit, realised all the pO~ll,1li1ilUij.els of this native enterprise. European and native instructors have been classes are regularly given-for the native producer has yet much to treatment of the bean after picking. fermenting, &c., and his lower prices than it would under a more of even gone the length of printing and vation and preparation of cocoa in euphonious title of 'Koko adow na the much demanded railway from 109 " fields, has at length been started. In the matte~ of a railway the Ashanti is better off, for he hall a line from Kumasi to the Coast. " Now, if the uprising of this purely native industry is an object lesson as regards the character and the future of the negro when left undisturbed in the possession of his soil, and encouraged by an honest Government to make the most of it for his own benefit as well as for the benefit of the outer world, it is also a magnificent opportunity for really constructive work on the part of the powerful and honoUI'able men who control the cocoa manufacturing industry in Great Britain. _ " On the one hand, in Portuguese San Thome, we have an industry marvellously equipped mechanically, wonderfully organised, in itself a model of up-to-date scientific methods, and in which very large sums of money have been sunk; but run by slave labour. The African's connection with it is a shameful and a degrading connection. The undertaking flourishes, but the African dies; the European alone profits. On the other hand, in the Gold Coast we see the African himself building up an industry of his own; a free man, enjoying the fruits of his land and the reward of his own labour; producing a class of COCO!l very similar to the San Thome article, and which only requires a little more experience and instruction on the pa:rt of the native planter to be equally excellent in quality. In the one case, an industry carrying within it the seeds of death and human misery; in the other,' an industry carrying within it the seeds of life and human progress. "There is good reason, happily, to believe that the British manufactUl'ing firms are not indifferent to all the lessons, moral anJ material, which may be drawn from West African native cocoa production. Messrs. Cadbury have already sent a buyer to the Gold Coast, and it is in their power and in the power of their colleagues to give an immense impetus to what is assuredly one of the most interesting and promising features of modern economic development in the African tropics, one which blows the 'arrested development theory' to smithereens. They will not, I feel assured , fail to rise to the opportunity, and it is encouraging to know that IIiI'. William Cadbury is now paying a visit to the Gold Coast cocoa fields on his way home." Here is an admission, frank and true, by Mr. Morel that we are not only important factors, but are also deserving of encouragement, in the development of our country, and that for the.'le reasons we should not be disturbed in the possession of our lands. -When a foreign speculator obtains a lease of our land through the Government under the Forest Ordinance and we are ousted as a result of such lease, are we not , Sir, disturbed in the possession of our lands which we may wish to work for our own benefit? For in the natural order of things we shall surely be asked by the lessee to give up our holdings under the tribal, stool , 01' family communal system, and if we be unwilling to work at a starving wa"'e in addition to paying rents for our dwellings for his benefit, then we could please ourselves and quit the land. Such is the position of affairs under the :Forest Ordinance whieh IIiI'. lHorel is counselling \IS to accept-a position of economic slavery which he had himself characterised as a disgraceful im-policy at which no enlightened Government should consciously connive. I repeat, Sir, that it is inconceivable that 11£1'. Morel, who delivers himself in the manner referred to in his article praising the native African for his remarkable industry and activity, and emphasising the absolute necessity of leaving undisturbed to him the possession of hi~ land for his own working and profit, should be the very person now advocating' the takin(;l' over of our lands by the Government for the purpose of leasing out same to foreign speCUlators, who in process of time will absorb our lands and thereby reduce us to a landless proletariat fit to work at a wage for the benefit of outsiders. There is no getting out of this fact, namely, that under the Forest Ordinance we have neither voice nor choice in the matter-for by a stroke of the pen the Governor has the power to reserve and afterward's lease our lands , and this, in effect, is compulsory acquisition of our lands for the benefit of outsiders. Apropos of the development of our lands it is important to remark that hitherto the Government have (l"iven us little or no assistance, and that whatever development there is at present the same has been due to native initiative. By this I do not mean t.o accuse the Government of intentional reticence, but simply to show that in all such matters the natives have been the first to do so instead of the Government taking the lead. And it is the fact that when fair progress is in sight then measures are promulgated to tax the result of the people's labours. I am referring to the recent abandoned Customs Tariff Bill , 1911, which aimed at the taxation of rubber and timber industries in the country. We are thankful that this Bill was timeously dropped, for it would undoubtedly have arrested the further progress of these industries and thrown the country back for many a day. With your permission, Sir, I wish to refer to the efforts of the Aborigines Society in connexion with the economic development of this country. The Society formulated a scheme for training young men at the Botanical Gardens in the Colony in the proper cultivation of cocoa. These young me~ were to be distributed among the. coc?a distric~s to diffuse among the cocoa planters a techlllcal knowledge of the method of cultIvatIng', prunIng, and fermenting cocoa, and thereby generally to develop and advance the cocoa industry. The scheme was a tentative attempt by the Society to put upon a proper and scientific basis the material develop. ment of the agricultural possibilities of this country. A copy of this scheme was sent to Mr. E. C. Eliot, a former Provincial Commissioner. All the initial expenses such as clothing board. and o~her incidental expenses, were borne by the Society. and it was fmther proposed that the Society s~ould eI';lploy the young- men for five yenrs afte~ the completion of their , at substantial salaI'les. All that the Government had to do In the matter was to give men tuition and lodg-ing at the GardenR. this scheme about six young men were sent up to the Asuantsi Botanical _~~._. They did very well from the reports which came to hand. After a Government to give permission for the young- men to have free »." ...., . .. "". . Gardens, where they were to complete their course. H"'V"11"111'nAllt wrote back to the effed that inasmuch as the ."._,uu.,. . u. (although all had passed the Sixth Standard) re~ations. The efforts of the Society were thus of sympathy from the Government. not tc no - n:i.~~tion the enormous exp~nse to which th~ So~iety ~as put. H~re it will be .seen, Sir, :that we h,tve not been apathetic to our interests and welfare as regards the economIC develop.ment ' of-our country in which the Aborigines Society has. played no -sma~l part. Why then , must the Government expropriate Wi' of our ancestr~llands IIi favour of outslders wheD: we have showp. ani! demonstrated beyond question the capaCIty for progress and advancement m, the economIC d'evdopment of Qur own country? Why not teach us the proper way to look a~ter our .lands i11stead of adopting a policy of compulsory ~isposses~ion under the plea .of protectIon? ' It is essential that to thoroughly apprecIate the mterests at stake, SIr, one should endeavour to discover th!') intention of the Government in passing the Forest Ordinance. I d? not. know that' that intention can be defended as bona fide, judging from the whole surroundmg ~nrcum· stances and previous attempts by the Government in this direction. I am not accusmg the Government of any dark design, but I think their real intention can be seen on a reference to the withdrawn Forestry Bill, 1910. I mean the first Bill against which the people a.lso petitioned. The real intention, it would seem, was to acquire Crown ~a.nds for forest re~ervatlOn either with the consent of the owner or compulsonly 1!lnder the prOVISIOnS of the PublIc Lands Ordinance, 1876-this is plainly stated under Section 14 of the withdrawn Bill. Section 15 of the same Bill also .sought to introduce a fundamental alteration of the customary law of alienation so that a chief or any native, without conforming to the usual law of alienation, ' that is to say, where the consent of the community, tribe, or family is necessary for ,such alienation, and if such parties be unwilling to give their consent, could be made to barter away the communal rights of the village community, tribe, or family to the Go:vernment, and the latter could then acquire absolutely such stool or family land. Under Sechon 16 of the same Bill, .on the cessation of a forest reserve by order of the Governor, rights extinguished therein when the same was constituted a forest reserve do not revive as the result of such c·essation. In other wOI:ds, the land becomes a Crown land and the owner's rights thereunder are lost for e'ver.. You .see, Sir, that the Government have recorded their own intention, good or bad, in the withdrawn Bill as regards their OWll bona fides in promulgating the Forest Ordinance. You would say, Sir, that these objectionable provisions have been' eliminated in the Ordinance. That is quit~ true, bu~ they. were not eliminated ,until a~tention was called to it by the people's counsel durmg the dISCUSSIon on the second BIll, whICh was subsequently amended, read a second and third time at one Session of the'Legislative Council, and passed into law. During the discussion on the Second Bill, I called attention to the entire absence of a preamble showing the scope and purview of the Bill and the evils it purported to remedy. Although a preamble has now been supplied, it is not ample and explicit as it should be, that is to say, the reasons for the promulgation of the measure and the previous bad, state which the measure purports to remedy have been conspicuously omitted, and the omission is eloquent of the fact that there are no evils to remedy except to get at our lands by some way or other. Even in the second Bill the danger of people losing their rights if they were not prompt in attending the Reserve Settlement Officer's inquiry to prove their title to lands lurked in the notice under Section 6, and I drew the Governor's attention to it, and the same ,has been eliminated from the Forest Ordinance. Having' prefaced my address with the foregoing observations, I propose now to deal with the principle involv.ed in the Forest Ordinance. As you are aware already, the principle governing the conservation of forest lands in England and other European countries is based on the doctrine that the ultimate ownership of all lands is vested in the Sovereign, and therefore he has absolute right to conserve and reserve lands for various purposes. This principle has its origin from the feudal system in vogue in Europe. There is no such' ultimate ownership in lands in the Sovereign, that is, Omanhin, Ohin, Mantse, Amagah or Konor, in this country. The Forest Ordinance in principle assumes that the ultimate ownership ill lands ~n this co.unt~y is vested in the Kin&, of England, and therefore the Governor can, by an Order m CounCIl WIthout the consent of the people, declare any part of the country forest reserve fol' the purpose of leasing same out to foreign speculators or @apitalists. The owner has no say in the contractual arrangements for the lease, the Govern- ment being the contracting party alild lestlors in the first instance with the lessee. The definition of "unoccupied land," namely, "land which is not used for permanent habitation and has not been cultivated for ten years," would work a great hardship on the people. The power of reservation is so unrestricted in the Governor that he could reserve any lands that are not permanently inhabited and grant leases of them. :I t is the custom for the people here to use certain areas as temporary habitations for farming purposes apart from tl].e hamlet or homestead where they permanently reside. It will therefore happen that such areas ROt. being .f?r cultivation proper .and not being fo~ per~anent habi~ation would come un,der thls de.fin.Ihon _a ncl b~ co~puls?nly reserved .. Besldes, It would senously hamper the system of 'shIftmg cultIvatIOn III thIS country whICh the Government apparently want to prohibit. How are the people to live without this only method of cultivation known to them from time immemorial in the absence of other scientific methods, and by which they have exported produce to Engla,nd and other parts of Europe annually amounting to nearly a million pounds sterling? Having now seen that the principle involved in the Forest Ordinance is instinct with expropriation tendencies, let us see to what extent it would affect the customs and institutions of this country. I have already mentioned that I have family lands and have my people now working for their own profit. Each member of my family has a right to farm on but I have the right to forbid waste and to restnct him as to the quantity of cultivate ·on. Our Busum pow' (sacred groves) and Samman pow' (burial .,. ... ~VF. . '- forest lands, are strictly reserved areas wherein the members have the pl'oduce, &c. When here is any debt in the each member according to his status in the family . . The of including the stool is also contributed to from 11l\lUn'l.Il,11 working' on portions of the land, besides Thus the communal interests and the natu~L\Bl:~1l III by the tie~ of mutual a;lsi~t!j.~pe .a;nd co-operation, which it becomes the duty of the OCCUPl1-:p.t on the stool of the village cPWlllunjtYJ jribe, or family and tp-e youngest, member thereQtto strictly observe, and wl;tich, but for the communistic nature of their holdings, they could not maintain and preserve. ' The customs, institutions, and usages of this country rest up OJ?- the foundations of these communistic interests and natural obligations, and therefore to leglsl.ate for forest conservancy with the object of leasing, the same out to Europeans and other. foreIgn capitalists is to uproot the cherished institutions of the people, divest the stools o~ .all mherent . rights and interests in the soil, and ruthlessly tear asunder the social and polItIcal systems of this country, as the people would be asl,red to give up their holdings and make room for the lessee. It is an elementary principle of the English law, Sir, that although there is no slavery in England yet it exists in some modified form in the case of tenants on manorial. lands.. For on the sale of the Manor all the tenants thereof go with it to the new owner, but he does not dispossess them of their holdings. They and their descendants continue their holdings and work for their own benefit and profit subject to the payment of their rents, &c., to the lord of the manor. vVhereas, in the Case of a lease of a forest reserve by the Government to the foreigner, the latter will dispossess our people, and if they be unwilling to work at a wage for the lessee's benefit they must give up their holdings and quit the land, as I have already mentioned. Surely this state of affairs will not be the beneficial working of our lands and protection from deforestation as it is being preached to us by our would-be friends and well- wishers. Supposing I have unoccupied land, which may happen to be the only land I have, and I wish to work and improve it myself. Upon the Government decJ.aring It reserved I am deprived of my rights thereunder, and no amount of appealing to th e Divisional Court, full Court, or the Privy Council could restore to me the immediate user and free enjoyment of my land.. I do not consider the reservation of my land and the payment to me of two-fifths of the profits arising therefrom a matter of public interest to which must be suhordinated my private interest, right, and ardent desire th ha.e been originally reserved for burial or b,c:_taiD' IU'eQ ODly are marked out and cultivated on when the necessity arises. These sacred and burial groves are material evidence in determining the ownership of stool, tribal, family, and othe~ commu~all~nds. .,. There is a Native Jurisdiction Ordinance III force III thIs country . Under It natIve kIngs and chiefs have the right to pass by-laws. Now, as they h~ve already .forest .reserves, they can improve upon the aboriginal system of forest reservatIOn by makIll!$' sUItable. by-Ia.ws under this Ordinance. I believe some by-laws have already been passed III c9nnexIOn wIth the cocoa, oil-palm, and rubber industries in some parts of the country. The desne to preserve forest produce has been very keen of late. Recently there came before one of the J uds-es of this Colony, who is now transferred to another Colony, a r:as~ of wa~te by t~e d~stru~tIOn of palm trees. The defendant, a licensee or tenant of the plaIll~l:ff, reCeIved stnct .dnectIOns ~ot to uproot the palm trees on the land on which he was carryIllg on cocoa fa:rmIllg. In spIte of these definite directions, the defendant began to uproot the palm trees III 9rder to make room for his cocoa plantation. Plaintiff objected to th~s wholesale wa.ste. of ~IS pall?- tree~, and brought an action against defendant for waste. EVIdently the plaIll~Iff mISCOn?eIV~d hIS action, which should have been for trespass and damages. But what I dIsagreed wIth m the learned Judge's finding was his reference, evidently by way of obiter dictum, to the cocoa industry as an exotic one and entailing more labour and expense in its cultivation and prepara- tion, and holding that no waste had been committed by the uprooting of the palm trees, but that, on the contrary, the rooting up of the ;palm trees. imI!ro~ed the. cocoa farm ... I was present in Court and heard the remark. I am III no way mveIghmg agamst the J udlCIary of this Colony, but I am merely pointing out that the system of appointing officers entirely new to local conditions and who do not take the pains to inform themselves of such local condI- tions in order to arrive at a correciltview of things is a great drawback to the material develop- ment and advancement of this Colony. I may also point out that the oil-palm is a much more staple industry than cocoa, and there was no necessity for its destruction, as it always afforded shade for, and, as it were, facilitated the growth of, the cocoa. Now, had the learned Judge, who was known to be a very sound Judge, been thoroughly conversant with the conditions and system of cultivation in vogue here, I am sure he would not have held that the uprooting of palm trees on a cocoa farm was no waste. Since this decision, the Government, be it said to their credit. have issued out instructions to several cocoa planters advising them not to uproot the palm trees on their farms. In connexion with the efforts of the Aborigines Society to protect the people from improvident alienation, special messengers were sent at considerable expense to the various cocoa districts to warn the people against making out-and-out sale of their cocoa trees to foreign capitalists, which in effect meant the sale of their land to the purchasers. They were advised to arrange with the purchasers for advances for a sale of the crops only. When the Abura Produce Market was opened at Abakrampa a few years ago, the then Provincial Commis- sioner, Mr. Eliot , with the representatives of the Aborigines Society, including myself, impres~ed on the people of that division the necessity for extending and improving their produc- tion both in palm oil and kernels, of course with the promise of a fair price being paid for them. This promise met with a hearty response, and a report received through the Government of an analysis of the early shipments to England was very favourable and highly encouraging. Now, these precautions were taken to educate the people that the retention and working of their lands were essential to their well-being as well as safeguards against economic slavery. The people are quite able to take care of their own lands. Anyone who tells you, Sir, that the people need protection in this direction tells you an untruth, for the British Courts. have been frequently resorted to whenever the native African felt that his proprietary rights in the soil were being invaded. I will now proceed to show the similarity between the Lands Bill of 1897 and the Forest Ordinance of 1911. In the preamble to the Lands Bill, the late Governor Maxwell stated that the reason for the promulgation of that measure was that people were improvidently, and for inadequate valuable consideratiolil, giving away their rights; that in most cases nghts were asserted over lands to which the parties were not entitled, and that it was proper that the Government should administer all the public lands in this country, that is to say, all areas which shall be reserved under the provisions of the Bill. The preamble reads as follows:- "Whereas from time to time various instruments purporting to create interests or rights over land in the Gold Coast Colony especially in regard to minin~ and timber- felling have been executed by natives claiming to be Chiefs or persons III authority, and whereas the. claims of ~uch pers~ms to ~e Chiefs or to ~ave the regui.site authority to create such nghts and Illterests IS not m all cases admItted, and It IS doubtful if the disposal of the .land of a native tribe or community to foreigners is lawful by native custom, and whereas there is reason to believe that certain of the instruments aforesaid have been made improvidently and without adequate consideration; "And whereas the rights of persons claim ins- under all such instruments are doubtful, and in certain cases there has been htigation owing to uncertainty of boundaries; " And whereas the uncertainty of native customary tenure is calculated to retard the development of the Colony; " And whereas it is expedient to provide for the proper exercise of their by those entrusted with the disposal of public land and to prevent the ;1'YIn ..r \"';'~A"'+· creation of interests therein and rights thereover and to facilitate the public land by private persons on proper conditions and to decide and scope of claims founded upon grants of land or mineral or other COlII.CIlISS'U to have been already acquired from native Chiefs or other persons." Section 2 of the Bill gives the definition of "Public land"; public land in the Colony may be administered by the GOIV61t'IlInellt In Section 6 it is provided that "after shall not be occupied or made the tion shall have been revoked by 113 reserveu every disposition thereof except fOl' the purpose for which such reservation has been maue shall be absolutely void." It is abundantly obvious that the Forest Ordinance is the replica of the abandoned Lands Bill, 1897, for the principle involved in the former assimilates that of the latte~ ~y a com- parison of the foregoing preamble and sections thereof. For example, the ascertammg of the· rights and interests of parties iI). areas to be reserved by the Reserve Settle~ent Officer, the prohibition of the exercise and enjoyment of rights in lands after reservah?n thereof, the. administration of reserved . areas (which by assumphon are deemed to be publIc ~ands though in a somewhat restricted sense now) by the Government for the purpose of leasmO' same out. to private persons and others, apparently outsiders, and the general application of the measure, to all parts of the country. The Forest Ordinance has been passed, it is believed, upon Mr. H. N. Thompson's report. But even Mr. Thompson himself does not recommend wholesale reservation as the measure· assumes in principle. He says that about 30 to 40 per cent. should be sufficient, and even, in this connexion, he makes special mention of certain areas in the country for the purpose .. But whether a portion or the whole of our lands be reserved, we have sufficiently shown that. the principle of the measure is a dangerous one which would do us incalculable harm and deprive us of the free enjoyment of our rights and interests in our soil and ultimately destroy our institutions and customary laws which are based upon these lands. I may mention that the Governor assured Counsel during the discussion on the measure that he would see that the measure is not applied to every part of the country. That may be so, and we do not. doubt .the sincerity of the Governor. But he will not be the Governor for all time. His successor in office may not hold the same views, and may enforce to the fullest extent his general and unrestricted powers of reservation with respect to all lands in the country. Mr. 'l'hompson says that owing to depopulation consequent upon internecine wars between the people of this country, the forests have been saved from destruction . It is not the fact, because since the Ashantis stopped molesting this country and internecine wars had practically ceased, the population has grown and the people have need for lands for their use, and this is one of the very reasons why the Government should not compulsorily reserve and lease the· people's lands to outsiders. It may be stated that the census does not show an increase in population. But the truth is that our people, like the I sraelites of old , have a belief that they die out quickly when numbered. 'rhere is also another reason for their objection to beinD' numbered, and that is the poll-tax. Hence it is that in a house of about twelve inmates only a quarter or half tlie number is invariably given the enumerator, and from t.hese facts you can easily infer that the census as taken by the Governffient is never full. We have cause to be apprehensive of confiscatory tendencies in regard to land legislation in this country, when we come to think of the many uses to which the Public Lands Ordinance ,' 1876, has been put. This morning my friend Mr. Hayford mentioned the Seccondee case. When the railway was being constructed at Seccondee the Government, under the Public Lands Ordinance, acquired absolutely the site of Seccondee at an inadequate valuable consideration and asked the people to remove to Essikadu. I may mention that it is the practice here that the appraiser of lands required for the services of the Government of this Colony is always an official of the Public 'W orks Department. No independent non-Government appraiser is ever asked to help in the matter-so that always the valuation of lands required for the service· of the Colony is a one-sided contract to which the owner must perforce agree, as he has nlY other alternative, especia.lly if he happens to be financially unable to prosecute his a.ppeal before the full Court and finally to the Privy Council, and there are verl few people in this: country who can afford the luxury of appealing to this ultimate Court 0 Appeal. As I was. saying before, the people moved to Essikadu, and the Government parcelled out, by way of lease, the site to tenants at substantial rentals instead of selling it outright in the same- way as they had acquired it. The people have now their homes at Essikadu, and have lived. there for ten years. Now the Government . have applied the same Public Lands Ordinance to oust t~em fr.om ~his pla~e ~lso at inadequate. consideration by an out-an-out sale. It is. a very pamful sltuatlOn, whICh IS strongly suggestive of an unpleasant agrarian modus vivendi between the Government and the natives, and which is not at all edifying to the much vaunted' protection of native rights and interests. In conne~ion ~ith the subject of. compulsory ~cquisition and its attendant inadequate. valuable conSideratIon under the PublIc Lands Ordmance, I would mention the case of the late Chi~f Mensah, of As.uantsi .(Abura Division), from whom th~ Government acquired the p~esent site of the Asuantsl Botamcal Gardens. I was the legal adViser to the Chief. I advised h~m to get the Government to lease the lan~ even ~t a nominal r~nta~ so that he could get back hiS land whenever the .Go:vernment gave It up, mstead of sellmg It outright to them. The Government. however, ms}-sted on abs~lute sale , and bought it at their own price for £100, w~en they should have palO. between .±:oOO and £800, as the land was very fertile and about a mile .square. Wh~t else could the Chief do but .to accept the £100, for .the machinery of the PublIc Lands Ordmance would have been put m mohon to compulsonly acquire it all the 8~e h!,? he refused t? accept the Government's offer. It is because of this unpleasant moduS" 1nvend, In land questIOns between the Government and the people, as I have already stated latter have always viewed with suspicion the sincerity of the Government in land lelf181al.10:n of any description. And is it not plainly provided in the Forest Ordinance that by an order in Council, can reserve a~y unoccupie~ lapd withou~ the consent, il;ti~~,.:~tli~e=~~~o~r;o~neornse? w h~icsh I. h.ave said be18 IS mtended to fdoor ea, wtahyIS W, .Imth tehffee cnt,a tiISv ec ocumsptoumlsoarryy the abandoned Lands Bill, 1897, chiefly aimed at. has ~e to the Ordinance. If from the mining people P1U'p08es, the Government's best plan is to see \188 their wood from reserved portions of the p 114 ' demis'ed area f.or the purp.oses they need, w~ich may last 25 ?r 30 J:ears, durin~ which trees .of any size can be gr.own. Theref.ore there. IS n.o reas.on w~y mdustTl~S sh.ould d~e fot .o~hers, as coc.oa, rubber, and .oil f.or minerals, whlCh are n.ot lastmg. I beheve ther~ IS scarcIty .of lab.our-a difficulty which the G.overnment think they can .overc.ome by starvmg the pe.ople by preventing them d.oing any .other w.ork. The c.oc.oa-gr.owino- cann.ot be a means .of def.oresting the C.ol.ony because, assuming that each c.oc.oa plant yields 5 Ibs . .of c.oc.oa per annum, and that they are planted 15 feet apart, the 20 956 400 Ibs". .of c.oc.oa pr.oduced in the year wi'll c.over .only 34 square miles area .out .of the' t.ot~l .of ab.out 40,000 .of the G.old C.oast .only, which, assuming it is resp.onsible f.or the pr.oduction, is .only .one .out .of every 1,1,76 square miles. S.o there is n.o necessity t.o restrict the gr.owth .of c.oc.oa .on the plea .of def.orestmg the c.ountry. One .of the reas.ons given by Mr. H. N. Th.oms.on in rec.ommending f.orest reserves is t.o ensure sufficient rainfall f.or farming and .other purp.oses, which is n.ot necessary when y.ou c.ompare the mean rainfall .of the Cape C.ol.ony, which is ab.out 15 inches, that .of the Transvaal ab.out 29 inches, .of the Orange River C.ol.ony 21 inches, and .of Natal ab.out 34 inches , .or a mean f.or all .of ab.out 20 inches per annum, t.o Cape C.oast, which is brushw.o.od like these C.ol.onies, .of 38-01 inches, .or an av.erage in the C.ol.ony .of 49 in 1907. H.owever, replacing' .one kind .of vegetati.on f.or an.other, that is f.orest for c.oc.oa .or rubber .or .oil-palm, .ought t.o have the same ,effect .on the rainfall. The machinery fcr acquisiti.on under the Fcrest Ordinance appears tc put the lessee iIl:t.o m.ore speedy p.ossessi.on than is the case under the C.oncessi.ons Ordinance. The perscn wh.o w.lll experience difficulty in getting matters righted if his land has been imprcperly dealt WIth is the .owner. When the Reserve Settlement Officer has c.oncluded his investigaticns, the pr.oceedings and his finding therecn beccme a reccrd .of the District Ccmmissi.oner's Ccurt, and frcm this Ccurt an appeal lies t.o the Divisicnal C.ourt, and ultimately tc the full C.ourt. A long step this is, which is sure tc pr.ove an insuperable difficulty tc an .owner wh.o may be unable to fcll.ow up his right simply f.or want .of means. By this l.ong step the .owner's remedy is placed bey.ond reas.onable reach in appealing against the finding .of the Reserve Settlement Dfficer tc .obtain which will mean the expenditure .of large sums .of mcney. Under the C.oncessicns Ordinance the .owner's remedy is certain and speedy. 'I.'he grantee is the first party t.o m.ove in the matter by filing his n.otice .of the grant in due ccurse in the C.oncessi.ons Ccurt. An cppcrtunity is thereby aff.orded any perscn claiming the subject-matter .of the grant t.o put in his claim, and the whole matter is thrashed cut and finally determined. 'The unsuccessful party gces tc the full Ccurt .on appeal, and the right, title, .or interest .of the successful party always remains undisturbed. Under the F.orest Ordinance, if the .owner dces n.ot appear bef.ore the Reserve Settlement Officer within a specified time to establish his title t.o a prcp.osed reserve his rights thereunder d.o nct appear t.o remain intact, f.or the G.overn- ment, thr.ough the Reserve Settlement Officer, evidently prcn.ounce the area .ownerless, and thereup.on intervene tc reserve it and make a grant therecf t.o .outsiders after the expiry .of the peri.od f.or appeal. And it is reas.onably apprehended that .on the cessation .of the grant the G.overnment w.ould assert prescriptive right .over the land and thereby ccnstitute it Cr.own land. The Reserve Settlement Officer has gct the pcwers .of a ccnstable--pcwers which will naturally inspire terror in the minds .of the pecple, the maj.ority .of whcm are illiterates, and which will ultimately operate as a means .of frightening away .owners frcm ccming fcrward t.o prcve their claims when they are tcld that the area has been reserved by .order .of the G.overn.or. A bushman lcng absent frcm hcme enters a land belcnging' t.o his family. It may be a large tract .of land and he may n.ot be living in the same village with the .other members of his family. It may happen that the land has been reserved by .order .of the Gcvern.or, which the .other members may .or may n.ot kn.ow. Immediately he sets f.oct .on the land ' and t aKes a leaf, rope, w.ood, .or anything therefr.om the Reserve Settlement Officer suddenly p.ounces upon him. He is summarily tried and ccnvicted. Kn.owing as we d.o the eagerness .of s.ome .of .our policemen t.o get convicti.on in .order t.o sh.ow t.o their superi.ors their sense of duty, it is n.ot impr.obable that needless arrests and impriscnment will f.oll.ow the -.operation of the Ordinance, ' anm the people molested, especially in the up-ccuntry. T.o give an instance, I w.ould refer you t.o the G.old Mining Prcducts Protecti.on Ordinance, 1909. A g.oldsmith was arrested by tw.o p.olicemen in the up-c.ountry and br.ought d.own t.o Cape C.oast f.or dealing in gold with.out licence. Bef.ore the District C.ommissi.oner .one .of the p.olicemen swore that he saw the man wcrking g.old. On cross-examination he admitted it was silver, and the priscner was discharged. I was present in C.ourt and heard the evidence. N.ow the p.o.or man was needlessly arrested and kept in pris.on f.or d:qs bef.ore the trial ;lnd n.o reparati.on was made him f.or the unlawful arrest and impris.onment. The case was rep.orted in the l.ocal Press. I "a fterwards learned that the c.onstable (wh.o by the way was either a c.orp.oral .or a sergeant) was departmentally dealt with after the case had appeared in the l.ocal Press as befcre stated. N.ow, t.o have .our people educated in the devel.opment, fr.om a scientific standp.oint, .of the different lndustries is a matter that .our people w.ould readily appreciate and welc.ome. They have sh.own the capacity as well as made efforts for the material devel.opment .of their c.ountry, as I have already stated. The en.orm.ous quantity of pr.oduce exp.orted t.o England from th:i,s c.ountry, which reaches an annual value .of ab.out £1,000,000, is mainly due to and energy .of the native African. T.o expr.opriate him at this time .of day, beycnd dispute his ability, capacity, and usefulness in the development reduce him, under the plea .of protecti.on and beneficial working .of his and squatter .on his .own land is to enact a manifest injustice which the fair name of British fairplay and equality.o£ righ.ttI. The establishment .of an ..a.!l~I"LC~W.)~\I,L"~.a:tl.lp~gr'~.iY , for the diffusion of th~ t.o the rapjd dll,'7elc)II;tlp.IlI~t of .our land, 115 • made by-laws under the Native Jurisdiction Ordinance for forest conservancy, objec't lesson.. reserves can be established for the education of the people without the necessity for the Govern· ment administering our lands to our detriment by any legislation whatsoever. At the close of Counsel's speeches in the Legislative Council in September of last year, . the Conservator of Forests remarked to the effect that Forestry law in Nigeria is working satisfactorily and that some of the Chiefs have given ll:way to t.he Gove.rnment ab.solutely thejr ' lands for forest reservation . I subsequently commulllcated WIth a fnend of mme !'1t L~gos, . who is very prominent and influential in Nigeria, on th~ subje~t, and .the fol.lowmg .IS ~n extract from his reply to me: "That the Forestry Orchnance IS workIng satIsfactorIly 'In. Nigeria and that some or the chiefs have given away to the Government absolutely their lands. for forest reservation voluntarily is news to me. The Lagos community ever since the introduc- tion of the law have viewed it with disfavour, and I remember well that several mass meetings were held to protest against the Ordinance as far hack as 1901. For that matter it appears that the operation of the law was suspended until the amalgamation of Lagos with the old" Southern Nigeria Protectorate-the Ordinance having previously been put in operation in the latter province." }i'rom the foregoing it will be seen that our brethren in Nigeria are also supremely dissatisfied with the land laws which have been introduced by their Government in whose wake our Government also are following . As I have already said, the conditions and customary tenure of land in this country are- totally different from those prevailing in Europe and other parts of the British Colonies, and the enactment of a measure such as the FOrest Ordinance is certain to bring about the breaking up of the social and political economy of the country in its operation. For its chief aim is. to abrogate the native custoIllary tenure, root and branch, and reduce the people to a labouring class for the benefit of the lessee, who would practically become rhe lord of the land , and to whose will the owners in their reversed position as tenants on sufferance must always bow. IVe have implicit confidence in His Majesty King George V. that he would keep inviolate· the treaty obligations and promises which he and his predecessors have always held out to the people of this country, namely, to respect and keep intact our customs, laws , usages, and institutions which are founded on our lands. If His Majesty with holds his assent to the Forest Ordinance then he has indeed kept inviolate these compacts and promises ; if he gives his consent thereto then he has reduced into economic serfs a loyal people whose contact with the good British people has been founded purely upon mutual friendship and absolute trust than by any right of conquest, cession, or purchase of their soil. I thank you, Sir, for the very patient hearing you have so kindly given me on behalf of my people; and to enable you to follow certain points in my speech delivered before the Legislative Council, Accra, in September of last year, to which reference has been made in the course of this address, I append herewith a copy of the said speech. Cape Coast, 5th March, 1912. (3) AMANRIN AIGNNIE states: - I am acquainted with the views of ~fr. Hayford and Mr. Brown, and so far as I understand them I am in agreement with them. 2. I cannot remember the date on which I first heard about the Forest Bill, but it was. when J received the Government Gazette. I can read English, and I have also someone in my country who can explain things in the Gazette that are not clear to me. 'When I read the Bill I was not satisfied with it-I objected to the whole of it. I was sent for by the Secretary of the association soon after it appeared in the Gazette and was told that if I could not understand it it would be explaine~ to me. I di.d not come to Cape Coast at first myself. but sent my linguist, who attended a meetmg of the ChIefs for the purpose of discussing the Bill. Later I personally attended a conference of the Chiefs and members of the Society. The Secretary explained th'e Bill to me when I did come. 3. I know that the first Bill was withdrawn and another substituted. 4. I cannot say who first made the suggestion of a memorial, nor can I say at what time it was made. There were three memorials, on.e ~o the Go.verno:, one to the Secretary of State, and one to the Secretary of State for transmISSIOn to HIS MaJesty the KinO'. It was after I had signed the petition that I read the second Bill. The petitions were arra'inst the first Bill but I object to both, as I think thel:ll both b~d. My reason for objecting is that I prefer t~ manage my forests myself. There IS a portIOn of my forest where there is a fetish and a graveyard, and I should not like these disturbed. I would prefer to have my own people trained to do the work. o. Trees are cut down in my country, but none have ever been planted. (4) of Anamoboe states:- by Mr. Casely Hayford and Mr. E. J. P . Brown accord iiir;;awr..i1:ai st i year the Gazette cont~i~ing th.e original print of ih. Gold Coast AborigInes Rights Protection P2 116 Society. Later, in May, the Chiefs who were present yesterday met and consulted with the members of the society. 3. I came to the conclusion that this Bill was in principle the same as Sir William Maxwell's Bill, because the forests are on the land and if the forests go the land must 1<0 also . . This was my opinion before I consulted with anyone, and was not suggested to me by any person. 4. I am one of the Chiefs who signed the three memorials. A committee w~s appointed. to draw them up, and they were read to us before we signed them. As to the date of slgnmg, I thmk one was signed in May and the other two between August ~ll:d Dec~mber. 9ne of the latter at least was signed hefore December. .1 am aware that the on!5ma~ :):hll was. w.lthdrawn. We had 11 meeting in August and a deputahon was sent to the Leglsl3;hve Councll m ~eptembe!, when the second Bill was about to Jf>e considered. Our representahves were heard m Councll. \~ e prepared the petitions as soon as we received telegraphic information from Accra that the Blll had been passed. I am unable to say that I saw the Bi.ll as it now stands before the 'petitions were prepared. I recollect that Section 11 of the first Blll was taken ~)Ut of the n~w Blll.. The Bill in its latest form met some of our objections. Therefore there lS less to obJect to m the second Bill than in the first one. 5. The principles of forestry as carried out in India and elsewhere were explained to the Chief, who then expressed his opinion as. follows:- I am of opinion that there would be no disadvantage if certain forest lands were reser,:ed in order to improve and develop them, provided the Chiefs retain the control and the Enghsh teach us the methods to be followed. (5) AMANHIN EssANDoH IlL, of Yamoransa, of Cape Coast distriCt, states:- I take in the Government Gazette regularly. I can only read English a little, but I have a clerk who reads it to me. 2. I cannot remember when I first heard of the Forest Bill, but I think it was about May of last year when I saw it in the Gazette. I shortly afterwards came to Cape Coast in respc;mse to a request from the Society to discuss the Bill with my fellow Chiefs. It was then explamed to us by the Secretary. Afterwards the Chiefs discussed the Bill and came to the conclusion that its provisions were objectionable. It was thereupon decided to send a petition to His Excellency the Governor. This was a unanimous decision, and was not suggested by anyone individually . As a result of the petition the Bill was withdrawn and another substituted. In my opinion both Bills are bad, but the second is worse than the nrst. I have no reason to put on record for this opinion. My principal objection to both is that the Government proposes to take over our lands and look after them. The petition wall read to the Chiefs in Fanti, and this was their only opportunity of knowing what was in it. It was not read to us individually. I know that I signed three petitions, but I cannot now recollect whether they related to the first or second Bill. 3. The Gold Coast Aborigines Rights Protection Society ia supported mainly by contri· butions from the Chiefs. Ever since I became a Chief I have contributed £10 annually, and other Chiefs pay the same. In addition to this, special" calls" are sometimes made upon the Chiefs. Since the agitation connected with the Forest Bill arose I have paid £150 in addition to my annual subscription. The money is paid into the Bank, and is drawn out by the Treasurer as occasion arises, on the signature of some of the €lhiefs, whose approval must be obtained. 4. In conclusion, I desire to say that I am glad to have been invited here to express my opinion. All the Amanhin recognise that they are under His Majesty the King of England, and that His Majesty has instructed you to come here and investigate this matter, and they are glad to see you. They wish to assist the Government, and they hope that the Government will assist them. If the Government proposes something which bears hardly on us it must help us by removing that which is .objectionable. We wish to live in peace with the Government. (6) ACTING AMANHIN OTU AKRABO 11., of Akrabrampa, states:- I first heard of the Forest Bill by reading about it in the "Gold Coast Leader" and in the early part of last year I read a copy of it. I came to the conclusion that th~ measure was not good, and wrote to that effect to Mr. Jones, of the Society. I subsequently attended a conference of the Society at which Mr. Cas ely Hayford explained the Bill. We decided to represent our views to the q-ove~nment by: means of a petition, and !ater we sent lawyers to represent us before the Leglslahve Counell. Personally, I thought lt expensive to both. After a time the first Bill was withdrawn and another substituted. ment's reply we all went to our respective countries to await Government. Some time in November I learnt that the second Bill second readings. When I heard this I communicated with the SelcreltBJ~ , informed me, in reply, that the Bill. bad Bill. as passed, for the firs~ time in ""''''''''''J'''- previous to that month. They were 117 2. I am in favour of adopting new 'methods by which my forest~ la;nds may be improved, but I prefer that the management should remain in the hands of myself and my people under the direction and instruction of European officers. 3. I pay an annual subscription of £10 to the Society, but in connection with the agitati~n over the present Forest Bill I have paid an additional sum of £150. Most of the Amanhm paid this sum, and some paid more. This amount was fixed by ourselves. ~uch ~ums of ~oney are paid into the Bank and are drawn out as occasion arises by one of the FmanClal CommIttee, on the signature of four of the Amanhin. There is still a balance left, but some h3;s b~en spent in the upkeep of the Society and in sending c,o:rnsel to ~epresent .us before t?-e LegIslatIve Council. The native lawyers who drew up the petItIOns receIved nothmg for theu work. The Society paid the expenses of Mr. Hayford when he went to England. Only the passage money of the two counsel we sent to Accra was paid for them. (7) Chief KUMAR, representing KWANNI ASSES!, states:- I first heard of the Forest Bill about seven months ago, when I received a copy. of t?-e Gazette from the white man in the fort at Sekondi. My clerk read it to me and explamed Its provisions. It is my usual custom to have Government Ordinances read and explaine~ to me by my clerk. After the Bill had been read to me my clerk wrote for me to. the PresIdent of the Society, asking him to confirm the impressions of the Bill which had been gIven .to me. by my clerk. In this letter I informed Mr. Brown that I did not approve of the way m whICh the Government were proposing to take over the forests, and that I did not like the Bill at all. Later I went to Cape Coast and met nine or ten other Chiefs; it was quite by chance that we all met there. After a conference between ourselves we met again with the Society. At the first meeting, at which only the Chiefs were present, we discussed the way to mise money to oppose the Bill, and decided to write to the Government asking postponement. We also asked the lawyers to draft a letter, which was in due course sent. Government replied that the second reading would take place; accordingly Mr. Hayford and Mr. E. J. P. Brown were sent to Accra to address the Council. Afterwards the Chiefs requested Mr. Hayford and Mr. Brown to draw up the three petitions. The suggestion came from the Chiefs, who instructed the lawyers what to say. I signed all three petitions. 'l'he petitions were read to the Chiefs before being signed, but they were not read over and explained to us individually. The Bill objected to was the first one, but I am aware that that was withdrawn and another substituted. ,\Vhen the petitions were signed we all knew what the provisions of the second one would be, and our objections really applied to both . 'l'he Representative of AMANHIN MENSAH, of Elmina, states: - /' I read and write English. 2. I first learnt of the Forest Ordinance by reading it in the Gazette, and I expounded its provisions to the Amanhin. I thought it a most dangerous measure. My objections to it are those stated by Mr. Hayford and Mr. Brown on Tuesday last. After reading the text I wrote to ~he Society, and shortly afterwards came to Cape Coast to attend a meeting called by the ChIefs: It was decided at that meeting that the Chiefs should be represented at the Legislative CounCIl at the second reading. Afterwards three petitions were drawn up, and I signed them all .. I am aware that the first Bill was wit.hdrawn and another substituted. The petitions were ag'amst the second Bill. I read the petitions before signing them. After having the dates of the three petition~ and that of the issue of the final Bill explained to me, I am satisfied that I, saw the final Blll before signing the petitions to the Secretary of State and to His Majesty the Kmg'. 3. My principal objection to the measure is the power taken by the Government to lease our lands. 'Ve should be glad if the Government would send us instructors to teach us how to improve our forests, but we wish to manage them ourselves. I admit that we have never taken steps to improve our forests, in fact at present we do not understand the management of forest lands. . 4. Apart from the Gov:ernment having power to lease forest lands, I should not be satisfied w~th ltny ~lTangements whIch d? not give to the people the sole control of the forests. We wI~h the Government to confine ltsel~ t? teaching us how to do the work for ourselves, and we thmk our people are capable of d.omg It If th~y are taug~t. We think that we should decide what forests should be conserved, WIth the adVIce of the lllstructors. The danger is that if the Government takes over the forests, the people will be depri ved of the land altogether. . 5. If the management of any part, of our lands is entrusted to Government my experience II! the past causes me to fear that achoJ?- t~ken by one GOYl!rnor may be dissented from by hlS successor, and, consequently, no contInUIty of procedure IS assured to us. Therefore vie cannot allow the Government to interfere in m.atterR conne<;ted w.ith our land. It was man~ged ~Y our ance tors, and we ha"e to look after It and pass It on mtact to our posterity without mterlerence from anybody. . (8) Trader, First Pre'3ident:J£ the Gold Coast Aborigines heard that there was going to be a Forest Bill. I learnt ~~Ient Guette. I read and enmined it carefully. It 118 struck me that the general ip.tentiDn was similar t.D the prDvisiOl;S Df Si~ William Max,,:ell's Bill. At the time I read this draft I was Vice.Pr~sldent, and Actmg Presl~ent, Df t1;e SDCIety. SDDn afterwards I had a letter frDm a Chief, who. pDinted Dut clauses to. whICh he DbJected, and tDld me that he was cDming to. Cape CDast. A little after this I. had a le~ter frDm anDther Chief on the same subject. The initiative in the !llatter Df DPP.Dsmg the Bill came frDm the Chiefs and nDt frDm the SDciety. Finally, the ChIefs all came m and a. cDnference was h~ld. The disapprDval Df the Bill was unanimDus, and it was arranged that the mteres~s Df the ChIefs sheuld be represented at the CDuncil, by two. barristers, who. addressed the. 9Duncll. The matter went Dn fDr SDme time, and then the first Bill was drDpped. Three petlt.lOns were drawn ,?-p, the wQlrding Df which was practically identical. The petitiDns were agamst the secDnd BIll, to. which I Dbject just as strDngly as to. the first. 2. The elementary principles Df scientific fDrestry having been explained to. the witness, he said: I do. nDt think there wDuld be any disadvantage in such treatment Df the fDrests , but the natives wDuld nDt like it because they prefer to. manage their lands themselves . I do. nDt. see why the native shDuld nDt be trained to. do. this wDrk. I think he CGuid do. it if he receIved the necessary educatiDn. Our peDple are anxiDUS to. le trained fer this sDrt Df wDrk, but they strDngly Dbject to. GDvernment interfel'ence in matters relating to. their land, even if ~uch interference results in an imprDvement in the fDrests. (10) JOSEPH PETER BROWN, President Df the GDld CDast Aborigines Rights PrDtectiDn SDciety, states :- I have been resident in Cape CDast for many years, and, in addition to. being President Df the SDciety, am engaged in commercial business. 2. I was a member of the deputatiDn to. Mr. Chamberlain . . It was about that time that the Society was fDrmed. I was Dne of its originatDrs. The original Dbject Df its fDrmatiDn was to. express its protest to the Land Bill that was introduced at that time. When that Bill was withdrawn after our interview with Mr. Chamberlain the Amanhin decided that the Society was a useful bDdy and wished it to cDntinue. 3. The first President was J. W. Sey, and I was the first Vice·President.I cannDt remember the first Secretary's name. Mr. VIf. E. PetersDn was the secDnd Vice·President. 4. Rules were drawn up and approved by the members. The native Chiefs became members at the time of its fDrmatiDn. Any native Df the GDld CDast can jDin the Society on election by ballDt, and, Df cDurse, those who. fDrmed it are members. There are at present abDut f 100 members. 5. There is an entrance fee of Is., but no cDmpulsDry annual subscriptiDn. The paramDunt Chiefs, hDwever, subscribe £10 annually. The Dfficials in Cape CDast pay no. subscriptiDns, but give their services free. The expenses Df the SDciety and Df any particular mDvement fall upDn the Amanhin. In connexiDn with the present agitatiDn the Amanhin themselves fixed the ameunt they shDuld pay. They all prDmised a special subscriptiDn, but they have nDt all paid yet. Some eig'ht or ten have paid, Dr have promised to. pay, £150 each; three I recDllect prDmised £300 each, but in one case the amDunt was Dnly £90. As a result Df this special " call" upDn the Amanhin there is a balance at the bank Df abDut £4,000. AbDut £400 has so. far been expended in connexiDn with this mDvement. The reaSDn fDr cDllecting so much mDney was that it was intended to. send a deputation to. England. The mDney is in the charge Df a fin ancial board cDnsisting Df five Df the Amanhin, and is entirely cDntrDlled by it. With the exception Df petty expenses the Dfficials in Cape CDast have no. authority to. deal with the mDney 9f the SDciety. When the financial cDmmittee gives authority fDr money to. be withdrawn I draw Dn the bank. 6. The SDciety exists for the purpDse Df prDtecting the interests Df the aborigines generally, and particularly against measures intrDduced by the GD'Vernment which are cDnsidered undesirable. 7. My Dbj ectiDn to. the present Forest Bill is practically the same as that to. the Driginal Bill, that is to. say I Dbject to. the GDvernment taking pDwer to. administer the land fDr the peDple, The petitiDn was directed mainly against that pDrtiDn Df the Bill which allDws land to. be leased by the Government. The use Df that term appears to. fDreshadDw an intention Dn the part Df the Government to. take land and use it fDr itself Dr lease it to. Dthers. 8. The principles Df forestry having been explained to. the witness, he said: I am Df DpiniDn that there are bDth advantages and disadvantages in what is prDpDsed. There is, no. dDubt, that it WDuld be to. the advantage of the cDuntry if the fDrests were cDnserved and properly lDDked after, but our peDple are gradually becDming mDre prDsperDUS and mDre intelligent, and it is Dur intell.tiDn that the rising generatiDn shall be prDperly taught the things which make life enjDyable, and shDuld have the means Df living useful lives put befGre them. The view Df the peDple is that the natives are nDt sufficiently encDuraged to. do. the work Df the cDuntry. FDr instance, we have dDctDrs trained in England. I cannDt say whether are as cDmpetent as EurDpean dDctDrs, . but they are given no. chance Df e~. (lpJlD:ym4mt EurDpeans Dbject to. being' treated by natives-a feeling which I quite un,de,rs1'aJlLCi,.: mDney Dn learning' a professiDn, and are given no. GPPGrtunity Df lliH..KjIIlJ/: I cDnsider that it is highly desirable that the native YDuth Df the the science Df fDrestry to. carry DUt this wDrk, but t maintain shDuld always remain in the hands Gf the Chiefs. 119 (11) JOSEPH EPHRAIM CASELY HAYFORD, Barrister-at-Law, practising in the Courts of the Colony, states :- I have been a member of the Gold Coast Aborigines Rights Protection Society almost from its beginning, but I took no part in its actual formation. The Society: was for~ed .at ~he time of the deputation to London in connexicin with the Crown Lands BIll at the InstIgatIOn ot: the Amanhin, as the people thought they ought to have an organised body to m,-ake repre- sentations to the Government. The Amanhin are all members, as are the Ahmfu. The entrance fee is Is., but there is no compulsory annual subscription, although th~ Amanhin do pay £10 per year. The members resident at Cape Coast pay no annual subscrIptIOn, but occasionally they provide sums of money for petty expenses. DUl'ing the last 12 months the Amanhin have paid large sums of money, as a result of which there is a balance at the Bank of over £3,000. The reason for collecting this large sum was that a deputation to London was contemplated. and the Amanhin thought it advisable to have the money ready.. There is a local committee composed of educated native gentlemen. Petitions and ueputatlOns are always at. the instigation of the Amanhin. They are put into suitable language by the officials at Cape Coast and are read over to the Amanhin before being presented. I have never received a penny from the Society, and I do not think any local members do. In fact, I have lost money owing to neglecting my practice to further the interests of the Society. 2. I went to London recently in connection with the Forest Bill, but found soon after my arrival that consideration of the memorial had been postponed until you had visited the country and made your report. I was therefore asked to return to the Colony, and only remained in London a fortnight . My expenses in connexion with this visit were paid by the Society. 3. I take it that the name of the Society implies that it exists for the purpose of protecting the people of the country from any encroachment on their rights. The object is not to attack the Government, but sometimes the Government brings in a measure which is intended for the good of the people, but about which the people hold other views, and it is then the duty of the Society to represent those views to the Government. The people have very little voice in the affairs of the country, as the unofficial members of the Council are not elected by the community but nominated by Government. Members so nominated rarely represent the views of the people, and some organized body is therefore required to enforce them. 4. I first learnt of the :Forest Bill when I saw it in the Government Gazette at SekondI, and I at once formed the opinion that it was detrimental to the interests of the people on the grounds mentioned in my address to you on Tuesday last. The views expressed by me in that address were not merely the arguments of an advocate: I personally associate myself with them in their entirety. I am not only a lawyer but a native of the country. 5. At the time I first heard of the Bill I was ve-,:y busy, and some little time afterwards the President came to Sekondi, and told me that the Amanhin had met here (Cape Coast) and had had the Bill explained to them and that they did not like the provisions of it . They had therefore given instructions for their views to be represented to the Government. When I came to Cape Coast there was a conference between the Amanhin, us here and other members. I am quite certain that the agitation was started by the Amanhin themselves and not by the Society. At the meeting the Amanhin went away by themselves and consulted, and came back and gave their opinions in practically the same terms as those in the petition. After they had expressed their views they inquired whether we agreed . They were quite unanimous in their decision to oppose the Bill. Their views were r epresented at the Legislative Council, and the original draft was withdrawn, and a second produced , which I first heard of, I believe, some time before August. When we heard that the second Bill had been read a second time three petitions were prepared-one to Governor, one to the Secretary of State, and one to His Majesty the King. The substance of these petitions was precisely what the Amanhin them- selves desired. I myself assisted in their drafting. They were all three practically the same. The petition to the King was against the second Bill as amended, as, although we had not actually seen it in print. we knew generally what it woula contain. We had a copy of the first draft, and entered the amendments on to it , and we therefore had before us what was practically a copy of the second Bill in its final form. The new Bill was different in that section 11 was left out, otherwise it was practically the same, and our main objections remained and do so still. 6. \Ve do not object to being taught forestry, but we hold the opinion that there is no necessity for a Forest 6rdinance. The native Chief has the right of taking care of unoccupied land and of conserving fore ts. They have their own ways of conserving forests and of preserving game, and the difference between allowing the natives to do this work' in their own '!ay and doing it on. the lines of. the. Forest. Bill is that in the latter case it will cause the tl:lbee to sca.tter as then means of hvehhood WIll be taken away from them. The existence of a tribe is entirely bound up in its land, and without it the community would break up. I con idet: that any interfereJ?ce by th~ Government in matters relating". to the conservancy of forests IS contrary to the WIshes and mterests of the people, and that If forest conservancy is n!=::~ or adVIsable the people should be allowed to do it themsel:"es-but they should be i1 by m the proper methock "'hat I sug'g-est IS that a few intelligent and sent to the Far East to sturly the science; that the power in the Chiefs by an extemion of the ~ ative Jurisdiction rules for the conservation of forests and the imposition of i!RI!'''!!I\I,. ..... be included in the same ordinance. matter with you, it was not clear that the management Chief was a scientific one. It would be impossible for 120 a Chief to manage his forests in !'- scientific manner in six mont~s , .and this w~)Uld m~an the whole of the forest lands passing mto Government management wlthm that penod, whICh our people think to be a hardship . S. The people do not object to sci~ntific ma?agement of th~ir lan~ , but they thi?k the Chiefs should be allowed to conserve theIr forests m accordance wlth theIr own custom lllstead of the same being done by the GovePnment under the Forest Ordinance. If the Chiefs ~re allowed to conserve the forest s in their own way it will be for the common good of the Chlef and the people, and therefore no hardship will be caused to the subjects, and they will not scatter and their tribe will not be broken up. (12) EMMANUEL JOSEPH PETER BROWN, Barrister-at-Law, states:- The views expressed in my address to you on Tuesday last were my personal views, and so far as Mr. Hayford dealt with the same subject I am in agreement with what he said also . 2. I am a member of the Gold Coast Aborigines Protection Society, and have been so since its inception. ' 3. The formation of the Society was due to the objections that arose to Sir W illiam Maxwell's Land Dill, emanating out of which the Chiefs thought they would have an organisation to 'protect native interests. The object of the Society is to protect the natives against any action by the Government, or by any person, that may run counter to native interests, or be in any way prejudicial to them. It reserves to itself complete discretion as t.o the time and manner of putting forward its protection. Its sole object is to ensure that at the time of measures being introduced relating to the natives the Government shall be in possession of the native views, but it does not exist ror the purpose of opposing Government measures. One deficiency in the present Government system is found in the fact that the leave regulations are such that there is no continuity of view fOT any length of time. Where continu ity of view is absent continuity of policy is also likely to be wanting, anJ the comparatively short time during which officers remain in their provinces or districts renders them unable to make themselves personally acquainted with the people and their customs to the extent that is desirable. 4. The Society was started at the request of the Amanhin themselves, and they are, and have always been, members. 5. The entrance fee is I s., and the Amanhin pay an annual subscription of £10. It has also been customary for the Amanhin and the gentlemen at Cape Coast to subscribe for special contingencies. In connexion with the present agitation the Amanhin have contributed special sums ranging from £75 to £300 or £350, the average amount being £150. This money was paid into the Bank and is under the control of a financial committee constituted by the Amanhin . I cannot say exactly what is the amount now standing to credit at the Bank, but I think it is between £3,000 and £4,000. The money is kept exclusively for the objects of the Society. It was collected when a deputation to London was anticipated, but now that this is unnecessary the question of refunJ or otherwise rests with the Amanhin themselves. Lawyers have been sent to represent the interests of the people at the Legislative Council. They have drafted petitions and done other work, but they have not received fees for their services-nothing but their out-of-pocket expenses. The accounts of the Society are periodically audited-I believe on the last occasion by a mercantile gentleman. The Amanhin themselves investigate the accounts for travelling expenses . 6. I am aware that the first Forest Bill was withdrawn subsequent to the petitions, and that another was substituted for it in which certain modifications were introduced. The three petitions of November last were agaiElst the final bill. I know that we had not then seen the final bill , but the amendments had been sent to us by the Government. (13) SAMUEL RICHARD BREW, Attoh Ahuma, states:- I am Secretary of the Gold Coast Aborigines Rights Protection Society. I have held this position for about a year, and have been a member of the Society since its formation. I 2. It was started during the agitation that aro~e over Sir William Maxwell's Land Bill. Its obj'ect is to protect native interests and to see that their views on current subjects are properly put forward . . The danger ag'ainst which the Society protects the native is that of the wholesale importation of Western ideas into the count;ry, inasmuch as the natives to continue the administration of their country on their own lines. The natives are not J8IUO"I-! of European methods so long as they do not clash with their own ideas Society took steps in the interests of the community in connexion with the Bill and the new Forest Bill . There was a memorial against the and the Tariff Ordinance. The views put forward have inva:tiably and members_ The Society has met with success inasmuch as . the withdrawal of the Town Councils and Tariff V"I\l"J'~1 between the Government and the Socie~y'. 121 3. The Amanhin pay an annual subscription of £10 and additional sums when occasi~n demands, as settled by themselves. In connexion with the present movement they have paId nearly £4,000. This was placed in the Bank, and is under the control of a financial committee, of which I, as Secretary, am a member. In order to draw money from the Bank the signatures of the President, Treasurer, and Secretary are required in the case. of t.he current account. When money is required from fixed deposit the signature of five ChIefs IS necessary. There is about £2,000 to £3,000 at present on fixed deposit. The accounts were last audited by J. M. Mills, a member of the Society. Three or four of the Chiefs are accountants, and were connected with business before becoming Chiefs. They are therefore quite able to take care of themselves. The accounts were audited in November last-not since the special subscriptions were paid. They are, however, ready for auditing. I receive an honorarium of £5 per month in order to pay a tutor to take my place at the College when I am attending to my secretarial duties. No one else receives any mOlley from the Society. 4. I share the objections to the Forest Bill put forward by Mr. Hayford and Mr. Brown. My chief objection is that whereas in other places a Chief or King may dispose of land to advantage, it is not possible here, where the whole life of the people is bound up in the land. I consider that the Bill would dissolve the relations between the stools and the land. I am afraid the people have not been taught to have confidence in the Government in land affairs. They have an apprehension that the Government is going to take away their land. I am unable to say what grounds there are for that apprehension. The people wish to keep the management of the forests in their own hands, but do not object to being taught forestry. I think the cost of forestry instruction could be got out of the revenue, which is just now more than a million pounds. 5. When the first petition was sent we had a letter from the Colonial Secretary that before its receipt the Bill had been withdrawn and that a new one had been drafted. A copy of the draft was sent to us and we forwarded another petition, to which we received a reply from the Government fixing a time for the second reading. We sent counsel to represent us at the Legislative Council, and after they had been heard the second reading was postponed. Later we wired to know the exact date of the second reading. A reply was received on the 30th October, and a telegram was sent to the Government asking permission for Mt. Charles Bannerman to represent us. This was permitted. 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PBOFESSIONAL PAPERS. New lb. Liatof. Monthly. Series. No. 1. GEODETIC BASE LINE, An Acconnt 3d of tLo M,asuremm~ of 3, at Lossiemouth in 1909· togethendtL a Di~cu;8ion on tbe Theory of Mea~ur(: ment by Aletal Tapes and Wires in Oatenary. 2,. POST OFFICE:- ENOUiEEB!NG DEP.\RTMENT. TECIINICAL Instruc- tions, XllI. The Oonstruction d Aerial Lines on Roadl! aLd Uailw"Yl!' Sept. 1911. 1". 6d j~ii~ia:: o1If0 S00icTbA:eLBlTIIY .b asAedd Jtuh.eteredo nR ates of, and j aLd MOlle-10,. In 100 vol •. 10• . each. GOLD COAST. REPORT ON THE LEGISLATION GOVER,NING THE ALIENATION OF NATIVE LANDS IN THE GOLD COAST COLONY AND ASHANTI; With some observations on the" Forest Ordinance," 1911, BY H. CONWAY BELFIELD, C.M.6-., British Resident, Pera,k, Federated Malay States. Pr~s~nt~d to botb Hous~s of Parliam~nt by Command of His maj~sty. ~ July, 1912. 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