in case he has not served out his time, that he left the service of his former master with proper consent, or upon due authority; while the Hottentots that have been in the military service, must be provided with a legal discharge, before any one whosoever shall be allowed to take them into his service; and any one taking into his service a Hottentot not provided with such certificate or discharge, shall forfeit 100 rix dollars-one third for the informer, one third for the public treasury, and one third for the magistrate who carries on the prosecution.

16th.-Lastly, The Hottentots going about the country, either on the service of their masters, or on other lawful business, must be provided with a pass, either of their commanding officer, if in the military service, or the master under whom they serve, or the magistrate of the district, on penalty of being considered and treated as vagabonds; and moreover, the tenor of a Proclamation of the 17th of October 1797, respecting soldiers, sailors, servants, &c. as well as military deserters, is to be strictly attended to in regard to Hottentots going about the country; so that every one is to ask a pass from any Hottentot that happens to come to his place, and in case of his not being provided with it, to deliver him up to the field-cornet, landdrost or fiscal, in order to act as after due inquiry they shall feel incumbent to do.

And in order to give the fullest publicity to this my intention and command, besides the usual means of making the same known, I do hereby direct each and every ward-master of this town to appoint and assemble one Hottentot from every house in the respective wards, and each field-cornet in the several country divisions one Hottentot from each house in such division, as early as possible after the receipt of this proclamation, and to explain, or cause to be explained to such Hottentots so assembled, the full meaning thereof; and I do further direct the ward-masters and field-cornets aforesaid to report to His Majesty's fiscal, and to their respective landdrosts, their having complied with this instruction, as they shall answer the contrary at their peril.

Given under my Hand and Seal, at the Cape of Good Hope, this 1st day of November 1809.

[Original.]

Letter from the EARL OF CALEDON to VISCOUNT CASTLEREAGH.

CASTLE OF GOOD HOPE, November 2nd 1809.

MY LORD,-Together with the Accounts of the Receiver General for the months of June, July, and August last, I have the honor to transmit the several Proclamations and Government Advertisements issued between the 7th July and 1st Instant. I have &c.

Letter from the EARL OF CALEDON to VISCOUNT CASTLEREAGH.

CASTLE OF GOOD HOPE, November 3rd 1809.

MY LORD,-In reply to Your Lordship's Dispatch enclosing the memorial from Mr. D. G. van Reenen, directing me to communicate my objections, if any should exist, against completing a grant of Land to this Gentleman, I have now the honor to state that not long after my arrival in this Colony I notified to the Inspector of Government Woods and Lands that I should not admit as good the right of any individual to landed property unless a cession of it by a formal grant or deed of the same had been made. In consequence of which notification Mr. Van Reenen addressed a memorial to me claiming as his property the Land in question, and this claim I resisted upon the following grounds. To constitute a legal tenure to land in property it was necessary in the time of the Batavian Government that the party wishing to obtain it should apply by Memorial to the Governor in Council by whom the Memorial was confided to a Commission of inspection, and upon a report favourable to the petitioner the Governor in Council usually passed a Resolution purporting that a Survey should be made. The next stage of the business was that the Sworn Surveyor should form a Diagram of the property for the purpose of its being submitted to the Governor in Council. and afterwards, if approved of, to be inserted in the records of the Colony, and the party then paying the sum affixed upon the value,

received the Erfgrondbrief or deed of property, if no matter intervened to induce a change in the resolution. The case between Government and Mr. Van Reenen seems to me to turn upon this point, whether a resolution by the Governor in Council gives an actual title to Land in property or whether a registry of the Diagram and the payment of the equivalent is not an absolute requisite for its completion. A case very much in point will be found in my Dispatch No. 5, by which it appears that the Governor in Council has in the case of Mr. Van Reenen resolved to grant a tract of Land to Baron Hogendorp, but so conscious was the Batavian Government of the insufficiency of such an instrument as giving a legal possession, that by the 11th Article of the Capitulation it was attempted to be stipulated that the British Government "should grant him (the Baron) all such rights and privileges as from the public records it shall appear the Batavian Government meant to have given." This was refused, and that Land remains still subject to His Majesty's disposal.

Had Mr. Van Reenen addressed a memorial to me in the usual terms praying a Grant of Land, and had urged the intention of the Batavian Government it would certainly have been considered as an additional plea for compliance with his request, if there were not other strong grounds of objection to it, but when he claimed it as positive property I felt that I could not be too guarded in tenaciously retaining His Majesty's rights.

Your Lordship must not consider this as an Insulated case, but as involving a great principle, and what I consider very extensive rights of the Crown. There are numberless resolutions of the Governor in Council not acted upon, some of which have been dormant for many years. These from the growing value of property would of course be revived, and Your Lordship will at once see to what such a precedent would give rise.

The conduct of the Batavian Government on this point was extremely decided.

An Individual had obtained a resolution consenting to grant the District of Plettenberg's Bay with its Woods and Forests. Prior to the grant being executed, the Dutch Government upon a reconsideration rescinded their resolution and preserved for the public those Woods, which are now found of such consequence as to supply His Majesty's Navy on this Station with Timber for ship purposes, and which I am informed are adequate to become a

source of general supply for His Majesty's Navy at large to a great amount.

If Mr. Van Reenen should prefer a Memorial in the usual manner I would take the means of obtaining the information I always do and regulate my conduct by what I conceive the interests of His Majesty and the Colony, but I cannot admit of such a precedent being established as that a resolution which would not have bound the Batavian Government should bind His Majesty's Government, a precedent which would revive a multiplicity of claims from men who have evaded paying the Sums stipulated for the benefit of Government, and in many instances might involve others in litigation who have obtained grants of lands upon the supposed dereliction of those in favour of whom the Resolutions were originally made. I have &c.

(Signed)

CALEDON.

[Copy.]

Orders for the licensed Bakers.

Art. 1.-Any person desirous of obtaining a licence to carry on the baker's trade, either in Cape Town or Simon's Town, must address himself, either personally or in writing, to the burgher senate, and acquaint them of his intention, before the 15th December of the current year.

Art. 2.-He shall, however, not be allowed to commence baking before the 1st of January subsequent to said notice having been given, nor shall he discontinue till the expiration of the year; and he shall bind himself by a bond, executed before commissioners of the burgher senate, in a penalty of Rds. 1,500, for the payment of which he is to find two good and sufficient sureties, who must also bind themselves by the same bond.

Art. 3.-The said bond being executed, the baker so admitted is to apply to the colonial secretary's office for his licence for one year, which is to be on such stamp as is enacted by the colonial laws.

Art. 4. The baker thus licensed is to place a board outside his front door, with his name distinctly painted thereon in large letters, and underneath, the words "licensed baker."

Art. 5.-The baker shall be obliged to keep his shop open every day, in the morning from sun-rise till eleven o'clock, and in the afternoon from three o'clock till sun-set; during which time he is to supply every one, without distinction, with good and wholesome bread or biscuit (provided he bakes the latter article), for ready money, agreeable to the directions and price assized by the burgher senate at the commencement of every month, and which assize the burgher senate is to regulate according to the market price of wheat, the expenses of the bakers, and other attendant circumstances.

Art. 6.-In case the bakers may consider themselves aggrieved by the price of bread, they shall have the liberty of addressing themselves to the burgher senate, and in case of not obtaining redress there, they may then apply to government.

Art. 7.-In order that the public may be properly informed of the price of bread, the burgher senate, at the commencement of every month, is to cause the necessary notice, signed by their secretary, to be affixed under the sign-board of each baker, by the town messenger; and if such notice should be lost, immediate information to be given to the secretary, who shall cause another of the same tenor to be affixed in the place thereof.

Art. 8.—The bakers shall be obliged to mark their bread with their initials, as has hitherto been customary.

Art. 9.-The fiscal, as well as the burgher senate, and the respective landdrosts, shall have the right, whenever they may think proper, or on complaints being made of the weight or quality of bread, to cause the bakers' shops to be visited by one or more of the members, in order to examine into the weight and quality of bread.

Art. 10.-In case that on examination it is found that each loaf of bread does not contain its proper weight, the baker so detected shall forfeit Rds. 100 for the first offence, for the second, Rds. 300, and for the third offence, Rds. 1,000, and at the same time be obliged to supply the deficient weight on delivering the loaves to his customers; over and above which fine, the baker who may for the third time be found to have baked and delivered loaves of bread short of the weight they ought severally to contain, shall be deprived of his licence; and in case the loaves contain their proper weight, but the bread is found of bad quality, the baker so offending shall forfeit for such offence Rds. 100.