Thesis--Paris. / "Bibliographie:" p. [v]-vii.

Issued also as author's thesis, Université de Paris, 1935. / At head of title: Stanislas Jagusz. "Bibliographie": p. [221]-226.

Theses (M.S.)--Marshall University, 2005. / Title from document title page. Includes abstract. Document formatted into pages: contains xxiv, 76 p. Bibliography: p. 72-76.

Thesis (S.T.M.)--Yale University Divinity School, 1991. / Includes bibliographical references (leaves 56-60).

Thesis (M.A.)--Durban, Univ. of Natal, 1976.

Thèse--Lettres--Paris, 1901. / Bibliogr. p. XIV-XXXVII.

Magister Philosophiae - MPhil / This thesis provides a detailed examination of the development and implementation of a commonage management system on newly acquired municipal commonage in the Leliefontien communal area of Namaqualand, South Africa. This commonage has been acquired ostensibly for use by all of the Leliefontien's residents. A Commonage Committee made up of community members and state representatives manages this land on behalf of the municipality. / South Africa

This thesis attempts to examine the nature of the system of land tenure as it exists among the Upper Thompson Indians who live in the vicinity of Lytton on the Fraser River. It is a fact that among Indian bands in Canada, there exists the possibility of at least one system of land tenure being in operation and this is as it is officially laid down in the Indian Act. There are instances recorded of the instigation of this official system producing conflict between the administration and the Indian because it violated certain aspects of an indigenous system. It was noticed that among the Upper Thompson, conflict with respect to the question of land tenure was minimal and, as a result, an examination of why this might be so was thought to be of interest. The information for the study was gathered by essentially three main methods: (1) personal interviews with members of nearly every household on the reserve lands; (2) personal access to various files in the Indian Office, combined with discussion with various administrators; and (3) as participant observer among the Indians of the region as they carried out their daily activities. It was concluded in the examination that the official system of land tenure was focused on land which was for the benefit of the band as a whole, and this land was for the most part uninhabited. The administrators were not attempting to instigate a system of land tenure at the level of the individual Indian and consequently he has been left to his own devices to organize how the tenure of land is to be established. This has resulted in considerable variations in the Indian system of land tenure being allowed to evolve. These variations are not articulated normative distinctions by the Indians themselves; rather, they have been observed as methods of behaving with respect to changing sets of facts, such as availability to individual wage labour, accessibility of the Indian to the administrator, and vice-versa, and the relative proximity of the various residential sites to the town of Lytton. The disposition of these factors, among others, has been instrumental in effecting both the extent of the groups which have tenure of land in the region, as well as the nature of the affective significance associated with land. / Arts, Faculty of / Anthropology, Department of / Graduate

The purpose of this work is to construct the argument for the continuing application of the Royal Proclamation of 1763 to British Columbia and to examine its legal force and effect in relation to pre-Confederation colonial legislation. This has important implications as to the continued existence of aboriginal title in British Columbia. In Canada the existence of a sui generis, aboriginal legal interest ("aboriginal title") is no longer in doubt.(1) Scattered judicial statements have not fully addressed the sui generis nature of the interest but have focused solely on its 'common law' source(2) and have held it, like other common law rights, to be subject to legislative abrogation.(3) That is not to say extinguishment will be lightly implied.(4) Aboriginal rights are now recognized and confirmed in the Constitution Act.(5) To the extent that the aboriginal right is declared and confirmed in the Royal Proclamation of 1763(6) a different argument can be made.(7) The Royal Proclamation is a Prerogative instrument. The "Indian provisions" come towards the end of the Proclamation and address a series of diverse issues. Confusion exists as to the geographic scope of the provisions concerning Indian lands and particularly regarding their application to British Columbia. It is here argued that it is misleading to focus solely on the geographic scope as explained in the document itself. The Royal Proclamation of 1763, as a law of constitutional significance and manifestly universal application, it is argued, applied to British Columbia, if not as of its enactment in 1763, then either upon the assertion of British Sovereignty over that area or by virtue of the Colonial Laws Validity Act, 1865. Further it is argued that the Proclamation enjoyed the force and effect of an Imperial statute in the colonies to which it applied. The Indian rights therein declared or confirmed thus became statutory rights. This has important implications regarding the susceptibility of the articulated rights to colonial legislative derogation. In order to understand fully the import of the Royal Proclamation in the colonies it is necessary to understand British constitutional rules governing the nature and exercise of the Sovereign's prerogative legislative and executive powers in newly acquired territories and the rules governing the Imperial laws to which the colonies are subject. Whether or not the Royal Proclamation extends to after acquired colonies depends in part upon the category of Prerogative to which the Proclamation belongs. Basically "minor" prerogatives operate in those territories in which the British common law operates and are freely alterable by the colonial legislative bodies. "Major" Prerogatives, however, exist in all British territories whether or not the British common law is in force and operate to bind and limit colonial legislatures. The argument is made that the Indian land provisions of the Royal Proclamation of 1763 should be classified as major Prerogative legislation on the grounds that: (1) they are constitutional in nature having to do principally with limitations on the powers of Governors to acquire unsurrendered tribal lands, or (2) as legislation governing the procedure to be adopted for Crown alienation of Indian lands they fall within the King's peculiar authority. Further that as major Prerogative legislation the Indian Land provisions enjoyed the force and effect of an Imperial statute with the necessary intendment for the colonies within the meaning of the Colonial Laws Validity Act, 1865. Further that by virtue of such Act the provisions of the Royal Proclamation of 1763 (at least up until the passing of the Statute of Westminster, 1931) operated to void colonial legislation (or for that matter Dominion or Provincial legislation) repugnant to any of its provisions to the extent of any such repugnancy. (1) Guerin v. R^, [1984] 6 W.W.R. 481 (S.C.C.). (2) Hamlet of Baker Lake v. Minister of Indian Affairs and Northern Development, [1980] 1 F.C. 518 (F.C.T.D. 1979) at p. 568. (3) A.G. of Ontario v. Bear Island Foundation (1984), 15 D.L.R. (4th) 321 (Ont. H.C.). (4) Simon v. The Queen (1985), 23 C.C.C. (3d) 238 (S.C.C.). (5) Constitution Act, 1867 30 & 31 Vict., c. 3 as am. by item 1 of Sched. to the Constitution Act, 1982, Sched. B of the Canada Act, 1982, c. 11 (U.K.). (6) R. v. White and Bob (1965), 52 W.W.R. 193 (B.C.C.A.). (7) v. White and Bob (1965), 52 D.L.R. (2d) 481 (S.C.C.). / Law, Peter A. Allard School of / Graduate

Bibliography: pages 77-83. / This thesis describes some of the communal land tenure systems pertaining to Namibia. Understandably, lands held under communal land tenure have tended to be neither fully documented nor legally and explicitly formalised; communal land tenure systems have been through the mercy of arbitrary action by the state, private individuals or other institutions (S.A Government, 1996: 43). The study attempts to examine the issues involved in the design of a communal land tenure information system for Namibia. It therefore seeks to examine the possibility of using information technology to plan and manage customarily held land, the requirement for an effective design and implementation of such a system and the method of designing such an information system to make room for continual improvement and the addition of finer detail. The research begins with an in-depth literature review of the communal land tenure systems in Namibia and a description of similar information systems. This is followed by the research methodology, which describes the technique used for collecting, analysing and presenting the results of the study. The needs analysis and the data structure contained in the atlas are outlined. The fundamental concepts of database design and the various steps taken by the author to design and construct the land tenure database model for the dissertation are also discussed. The pilot project is analysed, taking into account the capability of the system, its success in terms of a needs analysis, and the adequacy of the data. It specifically analyses the design in the light of social relationships, person or group interests and the spatial component of communal land tenure systems with respect to each area. In addition, it seeks to answer the question whether the tool fits the communal land tenure system, discusses the strengths and weaknesses of the overall system design and the implementation strategies. It is envisaged that, with the provision of the information system in union with its database, this will help to identify and document a communal land tenure system. For the rural dweller or farmer, this system will provide a pictorial image of what is really happening on the ground. The information system could later be upgraded and fully implemented, enabling individuals to effectively plan activities around the existing circumstances and conditions. The recommendation that came out from the study was that given the limited information available on communal land tenure systems, more effort should be spent to study and gather data on the system. It is strongly recommended, therefore, that research into conditions in the communal areas be regarded as a top pri01ity by the Government of Namibia. This could lead to a richer information base in the communal areas to be utilised to improve the lifestyle of the rural communities. Thus, the prototype project designed in this thesis should be implemented fully and later developed and incorporated into an information system which, in the past, has lacked communal land tenure input. The research could not touch on all the communal land tenure areas in Namibia. It is therefore advised that the rest should be investigated in more detail. The inheritance and conflict resolution mechanism which were not modelled effectively should also be reinvestigated.