South Africa and the Transvaal War, Vol. 1 (of 8): From the Foundation of Cape Colony to the Boer Ultimatum of 9th Oct. 1899Creswicke, Louis
History
South Africa and the Transvaal War, Vol. 1 (of 8): From the Foundation of Cape Colony to the Boer Ultimatum of 9th Oct. 1899
Creswicke, Louis
South African War, 1899-1902; Transvaal (South Africa) -- History
The Sub-Commissioners will
arrange their sittings and the sittings of their Deputies in such a
manner as to afford the earliest convenience to the parties concerned
and their witnesses. In no case will costs be allowed to either side,
other than the actual and reasonable expenses of witnesses whose
evidence is certified by the Sub-Commissioners to have been necessary.
Interest will not run on the amount of any claim, except as is
herein-after provided for. The said Sub-Commissioners will forthwith,
after deciding upon any claim, announce their decision to the Government
against which the award is made and to the claimant. The amount of
remuneration payable to the Sub-Commissioners and their Deputies will be
determined by the High Commissioners. After all the claims have been
decided upon, the British Government and the Government of the Transvaal
State will pay proportionate shares of the said remuneration and of the
expenses of the Sub-Commissioners and their Deputies, according to the
amount awarded against them respectively.
ARTICLE 8. For the purpose of distinguishing claims to be accepted
from those to be rejected, the Sub-Commissioners will be guided by the
following rules, viz.: Compensation will be allowed for losses or
damage sustained by reason of the following acts committed during the
recent hostilities, viz., (_a_) commandeering, seizure, confiscation,
or destruction of property, or damage done to property; (_b_) violence
done or threats used by persons in arms. In regard to acts under
(_a_), compensation will be allowed for direct losses only. In regard
to acts falling under (_b_), compensation will be allowed for actual
losses of property, or actual injury to the same proved to have been
caused by its enforced abandonment. No claims for indirect losses,
except such as are in this Article specially provided for, will be
entertained. No claims which have been handed in to the Secretary of
the Royal Commission after the 1st day of July 1881 will be
entertained, unless the Sub-Commissioners shall be satisfied that the
delay was reasonable. When claims for loss of property are considered,
the Sub-Commissioners will require distinct proof of the existence of
the property, and that it neither has reverted nor will revert to the
claimant.
ARTICLE 9. The Government of the Transvaal State will pay and
satisfy the amount of every claim awarded against it within one
month after the Sub-Commissioners shall have notified their decision
to the said Government, and in default of such payment the said
Government will pay interest at the rate of six per cent. per annum
from the date of such default; but her Majesty's Government may at
any time before such payment pay the amount, with interest, if any,
to the claimant in satisfaction of his claim, and may add the sum
thus paid to any debt which may be due by the Transvaal State to her
Majesty's Government, as herein-after provided for.
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