No. 21-1874. legally entitled to search for diamonds, as the case may be; and every person convicted of contravening this section shall incur the penalties provided by the second section of this Ordinance. XVIII. It shall be lawful for any Resident Magistrate within this Province to give to any person not being a licenced diamond dealer or a registered claimholder or the agent of a registered claimholder, or the holder of a prospecting or searching licence, a permit to buy or sell one or more diamonds without requiring any fee or stamp duty. XIX. All offences under this Ordinance shall be cognisable in Courts of Resident Magistrates of this Province. XX. In construing this Ordinance the term Resident Magistrate shall include all additional Resident Magistrates as well as all acting Resident Magistrates within this Province. XXI. This Ordinance shall take effect from the promulgation thereof, and the publication thereof shall be deemed to be such promulgation. (1) [Confirmed. See No. 35 of 1875.] required by law), to deal in rough or uncut diamonds within the Province of Griqualand West for from the 1877 and no longer. This licence expires on the I, hereby certify that day of a fit and proper person to receive a ticence to deal in rough or uncut diamonds, to me the certificate required by law), to act as a Diamond Broker or Factor within the Province of Griqualand West, for one year from the day of 187 and No. 22-1874. do is a fit and Resident Magistrate. I, hereby certify that FORM OF DIAMOND BROKER'S CERTIFICATE. Resident Magistrate of proper person to receive a licence to act as a Diamond Broker or Factor. FORM OF BROKER'S NOTE. Licensed Diamond Broker. 187 Number Weight of Stones. in Carats. Licenced Diamond Dealer Carats. Certified correct Licenced Broker. in the Year of our Lord One Thousand and acknowledged themselves to owe to our Lady the sum of and the said of goon and lawful money, to be respectively made and levied of their several Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and successors, if he, the suid shall fail in performing the Conditions underwritten. The Conditions of this Recognizance is, that if the said shall strictly conform to and abide by, all and singular. the provisions of the said Ordinance No. 21, of 1874, during the time the licence to be by him obtained under the said Ordinance shall be in force, then this Recognizance shall be null and void or else shall remain in full force. The said and the said and the said do ho hereby further, jointly and severally, agree that in the event of the said being convicted in any competent Court in this Province, of contravening any provision of the said Ordinance, this Recognizance shall, ipso facto, become at once executable, without the necessity of further progress, just as if judgment had been obtained upon it. Taken and acknowledged the Day and Year above written, before ine, the aforesaid. This Ordinance was published in the Government Gazette on 5th November. 1874, and was afterwards confirmed by Her Majesty, sec Government Notice No. 35 of 1375. [Repealed by Ordinance No. 4, 1577.] [August 5, 1874. No. 22, 1874.-Sd. R. Southey.] HEREAS in the preamble of a certain Act of the Preamble. Colony of the Cape of Good Hope, of 1874, intituled an Act to provide for the Construction of certain Bridges. L No. 22-1874. Acts and over the Orange River, it is, inter alia, recited that whereas it is proposed that a bridge shall be constructed over the Orange River at some convenient site in the vicinity of Hope See also Cape Town in the said Colony; and that whereas the said bridge And 12, 1872.871, would abut upon the Province of Griqualand West, wherefore it is expedient that power should be given to the Governor of the said Colony to enter into a convention with the Government of the said Province similar to that proposed in the said Act to be be entered into between the Governor of the said Colony and the Government of the Orange Free State: Hope Town And whereas by the said Act the Governor of the said Colony is empowered to enter into a convention with the Government of Griqualand West, to be binding on the said Colony for the purpose of enabling the said bridge over the Orange River in the vicinity of Hope Town, to be constructed, similar to the convention in the schedule to the said Act, which convention upon being published by Proclamation in the Government Gazette is to be of the same force and to have the same effect as if embodied in so many enacting clauses of the said Act: And whereas it is expedient that the Governor of the Province of Griqualand West be empowered to enter into the aforesaid convention, and to do all things necessary to give full effect to the same: Be it enacted by the Lieutenant-Governor of the Province of Griqualand West, by and with the advice and consent of the Legislative Council thereof, as follows: I. It shall be lawful for the Governor of the Province of Griqualand West to enter into a convention with the Governor of the Colony of the Cape of Good Hope, which shall be binding upon this Province, for the purpose of enabling a bridge over the Orange River, in the vicinity of Hope Town, to be constructed, similar to the convention in the schedule to the Act of the Colony of the Cape of Good Hope, of 1874, intituled an Act to provide for the construction of certain Bridges over the Orange River, and upon such convention being published by Proclamation in the Government Gazette of this Province, the same shall be of the same force, and shall have the same effect, as if it had been embodied in so many enacting clauses of this Ordinance. II. It shall be lawful for the Governor of this Province to do all things necessary to give full effect to the aforesaid convention. This Ordinance was published in the Government Gazette on 25th September, 1874, and has been confirmed by Her Majesty, see Government Notice No. 35 of 1875. No. 23, 1874.-Sd. R. Southey.] [August 6, 1876. No. 24-1874. Ordinance to limit and define the Rights of Persons working WE HEREAS it is expedient to limit and define the Rights of Persons working Claims in Diamond Diggings, or Mines on shares in this Province: Be it enacted by the Lieutenant-Governor of the Province of Griqualand West, by and with the advice and consent of the Legislative Conncil thereof : Preamble. Workers on come partners I. No contract entered into between any registered shares do not beclaimholder, or any accredited agent of any registered with claimholder, in any diamond digging or mine in this province, holders. of the one part, and any person or persons of the other part, whereby it may be agreed that such person or persons shall work any claim or portion of claim in consideration of receiving a certain share or proportion of any diamonds found therein, or of the proceeds thereof, shall be deemed or taken to be a contract of partnership between such claimholder or accredited agent of a claimholder and such person or persons as aforesaid; but such share or proportion of any diamonds so found, or of the proceeds thereof, shall be deemed and taken to be remuneration or wages paid to such person or persons in consideration of their working such claim or portion of claim as aforesaid: unless a contrary intention be expressed by and in any instrument in writing duly executed by the contracting parties in the presence of witnesses. This Ordinance was confirmed by Her Majesty, see Government Notice No. 35 of 1875. No. 24, 1874.-Sd. R. Southey.] [August 6, 1874. Ordinance to rescind and repeal Government Notice No. 4, dated the 26th of December, 1871, and to amend the law relating to the infliction of corporal punishment in the Province of Griqualand West. W 'HEREAS it is expedient to rescind and repeal a Preamble. certain Government Notice No. 4, issued by the Commissioners administering the Government of Griqualand West, and bearing date the twenty-sixth day of December, 1871, and to amend the law in force in this Province relating to the infliction of corporal punishment: Be it enacted by the Lieutenant-Governor of the Province of Griqualand West, by and with the advice and consent of the Legislative Council thereof: No. 24-1874. I. The Government Notice No. 4, dated the twentyNo. 65 repealed. sixth day of December, 1871, and issued by John Campbell, John Henry Bowker, and John Cyprian Thompson, Commissioners administering the Government of Griqualand West, is hereby rescinded and repealed: provided, however, that nothing in this Ordinance contained shall be deemed or taken to rescind or repeal any special provisions of any Ordinance, Act, or Proclamation whereby exceptionally extensive jurisdiction has been heretofore, or may be hereafter conferred on Resident Magistrates in this Province. Act 20, 1856, 8. 47 and 49 in part repealed. lashes exceeding put into execution. Anything in the forty-seventh and forty-ninth sections of the Act of the Colony of the Cape of Good Hope, No. 20 of 1856, and so much of any other Act, Ordinance, or Proclamation as may be repugnant to or inconsistent with any of the Provisions of this Ordinance, are hereby rescinded and repealed. All sentences to III. From and after the date of the promulgation hereof 12 must be re no sentence to any number of lashes exceeding twelve, passed viewed before by any Resident Magistrate in this Province, shall be carried into effect until the Recorder of the High Court of Griqualand shall have certified that such sentence is in accordance with real and substantial justice, and no such sentence shall be carried into effect at the desire of the person sentenced before the proceedings in the case shall be returned to the Resident Magistrate before whom the case was tried, with the Recorder's certificate endorsed thereon: anything in the fortyseventh section of the said Act No. 20 of 1856, of the Colony of the Cape of Good Hope, to the contrary notwithstanding. Recorder may reduce sentence. Published 25th IV. From and after the date of the promulgation hereof it shall and may be lawful for the Recorder of the High Court of Griqualand to reverse or alter by diminishing any sentence passed by any Resident Magistrate in this Province, in case the degree of punishment awarded by such sentence may appear to the said Recorder to have been unusually or unnecessarily severe: anything in the forty-ninth section of the said Act No. 20 of 1856, of the Colony of the Cape of Good Hope, to the contrary notwithstanding. V. The term Resident Magistrate shall include all Additional as well as all Acting Resident Magistrates in this Province. VI. This Act shall commence and take effect from and September, 1874. after the date of the promulgation hereof, and the publication hereof shall be deemed in law to be such promulgation. This Ordinance was published in the Government Gazette on 25th September, 1874, and was afterwards confirmed by Her Majesty, see Government Notice No. 35 of 1875. |