Published in Government Gazette, on 25th September, 1874, and confirmed by Her Majesty the Queen-see Government Notice 35 of 1875. No. 18, 1874 (1).-Sd. R. Southey.] [July, 20, 1874. Ordinance to regulate the Sale of Wines, Spirituous and Fermented Liquors, in the Province of Griqualand West, and for other purposes. WHEREAS it is expedient to amend the laws relating to the sale of wine and spirituous and fermented liquors in force in this Province: Be it enacted by the Lieutenant-Governor of the Province of Griqualand West, with the advice and consent of the Legislative Council thereof as follows: I. So much of any law, Ordinance, Proclamation, Government Notice, or enactment of whatever nature, relating to the sale of wines, spirituous and fermented liquors, and so much of any law in force in this Province, as is repugnant to or inconsistent with any of the provisions of this Ordinance shall be, and the same are hereby, rescinded and repealed. II. From and after the date of the promulgation of this Ordinance, no retail license for the sale of wines, spirituous and fermented liquors, shall be granted to any person unless at least two of the nearest residents to the place where the trade is to be carried on approve and recommend the application for such retail license. III. No application for such retail license shall be granted in towns or villages unless such application specify or name the street, thoroughfare, or locality wherein the hotel, inn, or canteen is to be situated, in respect whereof such application may be made. IV. No canteen under a town license shall have a back or side entrance for the use of customers under the penalty of the surety bound; nor shall any trade but the wine, spirit or beer trade be permitted to be carried on under a town license in the same building under the like penalty. V. No license shall be granted for canteens save in the public streets or thoroughfares. VI. No canteen shall be opened for the sale of wines, spirituous and fermented liquors, earlier than five o'clock a.m. during the summer and autumn months, nor earlier than six o'clock a.m. during the winter and spring months; nor shall any canteen be kept open after ten o'clock p.m. and nine o'clock p.m. during these periods respectively, under the penalty of the surety bound on conviction: provided always that none but bona fide hotels be allowed to trade in liquor on Sundays, under the like penalty. VII. No canteen license shall be issued until the applicant shall produce to the Distributor of Stamps the certificates required by Ordinance No. 9 of 1851, of the Colony of the Cape of Good Hope, and also a recognizance duly entered into by such applicant before the Resident Magistrate of the District, by himself in the sum of two hundred pounds, and two sufficient sureties in the sum of one hundred pounds each. VIII. For contravention of any of the provisions of the surety bond the penalties shall be, for the first offence, a fine of fifty pounds (£50) sterling on conviction; and for the second offence, on conviction, a fine of one hundred pounds (£100) sterling and forfeiture of license. (1). Repealed by No. 6 of 1875, which in its turn is repealed by Ord. No. 16 of 1879. IX. The amount of license-money to be paid for retail licenses in towns in the Division No. 18-1874. of Kimberley, shall be twenty pounds (£20) sterling per quarter; or, if paid annually, sixty pounds (£60) sterling per annum. X. Any person convicted of adulterating any wine or spirituous or fermented liquor, or of selling any adulterated wine or spirituous or fermented liquor knowing the same to be adulterated, shall, for a first offence, be liable to a fine of one hundred pounds (£100) sterling; and for a second offence to forfeiture of license and a fine of five hundred pounds (£500) sterling, or in default thereof, to imprisonment with or without hard labour for any term of not less than three months nor more than twelve months. XI. On conviction under this Ordinance, subject to the right of appeal, Judges and Resident Magistrates shall be and are hereby empowered to direct that the recognizances and surety-bonds shall be estreated and be declared executable at once, so that execution may be issued and levied thereon without the necessity of further process. XII. Courts of Resident Magistrate shall have jurisdiction to try all offences under this Ordinance; provided that the term Resident Magistrate shall include all Additional Resident Magistrates as well as all Acting Resident Magistrates, and subject, in all cases, to the right of appeal to the High Court or any Circuit Court. XIII. This Ordinance shall commence and take effect from the date of the promulgation hereof, and the publication hereof, shall be deemed in law to be such promulgation. Confirmed by Her Majesty, see Government Notice No. 35 of 1878. [Repealed by No. 6, 1875, which, in its turn, is repealed by Ordinance No. 16, 1879.] No. 19, 1874.-Sd. R. Southey.] [July 24, 1874. Ordinance to repeal the Proclamation of His Excellency Sir Henry Barkly, K.C.B., of the 23rd September, 1872, and of His Excellency R. Southey, C.M.G., No. 16 of 1873, and to make further provision for the appointment and regulation of the Police and Constabulary Forces within this Province. WHEREAS it is expedient to make provision for a more Preamble. effective organization of police and constabulary forces within this Province : Be it enacted by the Lieutenant-Governor of the Province of Griqualand West, with the advice and consent of the Legislative Council thereof: 88 repealed. I. The Proclamation of His Excellency Sir Henry No. 23 and No Barkly, K.C.B., of the 23rd September, 1872, establishing an armed constabulary force within this Province, and the Proclamation of His Excellency Richard Southey, C.M.G., No. 16 of 1873, establishing a mounted police force within this province, shall be and the same are hereby rescinded and repealed. officers. II. It shall be lawful for the Governor of this Province, Appointment of from time to time to appoint such officers of police as may be necessary, and to pay them out of the public revenue such salaries and allowances as he may think fit, and it shall be lawful for all such police officers to perform such duties as His Excellency the Governor may from time to time direct. privates. III. It shall be lawful for the Governor to engage the Employment of services of a sufficient number of fit and able men, who shall be sworn in by the Magistrates of the districts in which they are engaged to act as constables for preserving the peace, No. 19-1874. preventing and detecting the commission of crimes, apprehending offenders when crimes have been committed, and guarding prisoners in lawful custody. Classification. Regulations. Police office prosecute. Officer may some IV. It shall and may be lawful for the Governor to classify the constables so appointed and sworn in as Mounted Police, Town Police, including Detectives, Rural Police, Convict Police, Gaolers, Turnkeys, and Special Constables, and such constables when so appointed and sworn in shall have all such powers, authorities, privileges and advantages, and shall perform all such duties and incur all such responsibilities as constables have or shall have, by virtue of any law or ordinance which may now or hereafter be in force in this Province. V. It shall and may be lawful for the Governor to make rules and regulations for the government of all police forces within this Province, and all such rules and regulations shall have the force and effect of law when published by proclamation. (1). VI. It shall be lawful for the officer, for the time being, in charge of police at any seat of magistracy or other place in this Province at which a court may lawfully be held, in the absence of the Clerk of the Peace or other person duly authorized by the Attorney-General, as by law required, for, and on behalf of Her Majesty to prosecute in such court any offender who may be brought for trial after summary arrest by the police. VII. Whenever any person charged with any offence, times discharge. not being of a grave or serious character, shall be without warrant arrested by any police officer or constable, or be lodged in any gaol or police station upon such trivial charge during any time when the court of the Resident Magistrate is shut, it shall be lawful for the police officer in charge of the district if he shall deem it prudent to discharge such person from actual custody, taking, however, but without fee or reward, the bond, obligation, or recognizance of such person with or without sureties, conditioned for the appearance of the person thereby bound before the said Resident Magistrate, at his next sitting, the time and place whereof shall be specified in the said recognizance. Published 25th VIII. This Ordinance shall take effect from and after September, 1874 the promulgation thereof, and its publication shall be deemed and taken in law to be such promulgation. Confirmed by Her Majesty, see Government Notice No. 35 of 1875. (1). Regulations promulgated by Proclamation No. 8, dated 2nd April, 1875. Further Regulations framed and promulgated by Proclamation 11, 30th Aug., 1877. See Appendix. No. 20, 1874.-Sd. R. Southey.] [July 27, 1874 No. 20-1874. Ordinance to substitute in the Province of Griqualand West, certain tariffs of fees and charges for certain other tariffs in force in the Colony of the Cape of Good Hope. WHEREAS it has been found that certain tariffs of fees Preamble. and charges in force in the Colony of the Cape of Good Hope are inapplicable in this Province: Be it enacted by the Lieutenant-Governor of Griqualand West, with the advice and consent of the Legislative Council thereof, as follows: I. So much of any Ordinance, Act of Parliament, Pro- Repeal. clamation, or other instrument as shall have legalized or established in the Colony of the Cape of Good Hope any of the tariffs of fees or charges in the first Schedule of this Ordinance specified and set forth, is hereby cancelled and repealed as regards this Province. II. The respective tariffs of fees and charges in the Tariff. second Schedule to this Ordinance specified and set forth, shall from and after the promulgation of this Ordinance be legally payable and receivable instead and in place of any fees and charges in any of the tariffs in the first Schedule specified and set forth. [Confirmed. See Government Notice No. 35 of 1875.] SCHEDULE No. 1. 1. Fees chargeable at the office of the Registrar of the Schedule 1 High Court of Griqualand. 2. Fees chargeable at the office of the Master of the High Court of Griqualand. 3. Fees chargeable at the office of the Sheriff. 4. Fees chargeable at Circuit Courts. 5. Fees chargeable at the office of Registrar of Deeds. 6. Fees chargeable at the office of the Surveyor-General. 7. Tariff of charges for the survey of Government ground. 8. Tariff of fees allowed to medical practitioners. 9. Fee for the maintenance of civil prisoners. 10. Pound Fees. 11. Field-cornets' Fees. 12. Allowances to public servants travelling on duty. 13. Allowances to police officers and constables travelling on duty. 14. Allowances to witnesses in criminal cases. OF THE HIGH COURT OF GRIQUALAND. For filing any declaration, plea, answer, or subse- Searching any record or document through one Entering defendant's appearance Filing with the registrar any memorial, petition Every affidavit in support thereof Every rule to show cause Every rule absolute, or order Signing judgment against plaintiff for not pro- Entering or setting down case for trial, argument Recording judgments, interlocutary or final Lodging petition to appeal For taking recognizances in cases of appeal-for each person £0 3 6 020 0 0 6 0 2 6 0 5 0 0 0 020 0 0 Noting bail in cases of appeal-for each person Every oath administered to a person for examina tion thereupon before an arbitrator or referee Every commission as to the sale of property under Every commission to examine witnesses out of the Affixing the seal of Court in any other case of Court by the parties moving.. Admission as an attorney of the Court Admission as a translator of the Court 5670r 0900 0 96 51 0 |