Thomas Barclay

“ In the case of the annexation of the territories of the Transvaal republic and Orange Free State, a rather complicated situation arose out of the facts, on the one hand, that the ceding states closed their own existence and left no recourse to third parties against the previous ruling authority, and, on the other, that, having no means owing to the de facto British occupation, of raising money by taxation, the dispossessed governments raised money by selling certain securities, more especially a large holding of shares in the South African Railway Company, to neutral purchasers. ”

“ By annexation, as between civilized peoples, the annexing state takes over the whole succession with the rights and obligations attaching to the ceded territory, subject only to any modifying conditions contained in the treaty of cession. ”

“ And Art. 54 adds that “the plant of railways coming from neutral states, whether the property of those states or of companies or private persons, shall be sent back to them as soon as possible.” These articles seem to sanction the right of angary against neutral property, while limiting it as against both belligerent and neutral property. It may be considered, however, that the right to use implies as wide a range of contingencies as the “necessity of war” can be made to cover. ”

“ It was made by persons holding a concession of certain rights in eastern Pondoland from a native chief. Before the grantees had taken up their grant by acts of possession, Pondoland was annexed to Cape Colony. ”