No. 31, 1874 (1).-Sd. R. Southey.] [August 19th, 1874 No. 31-1974. Ordinance to provide for the proper Registration by Diamond Dealers of all purchases of WHEREAS it is expedient that all purchases of diamonds by licenced dealers therein Be it enacted by the Lieutenant-Governor of the Province of Griqualand West, with the advice and consent of the Legislative Council thereof: I. Every licenced diamond dealer within this Province shall keep a true and correct register of all purchases of diamonds made by him in this Province, which register shall exhibit, with regard to every such purchase, the date of such purchase, the name of the seller, and the weight of the diamonds bought, and every licenced diamond dealer who shall be convicted of neglecting or failing to register, in the manner hereinbefore prescribed, any purchase of diamonds made by him, shall be liable to a penalty of fifty pounds and in default of payment to imprisonment with or without hard labour for any period not exceeding three months. II. Every licenced diamond dealer in this Province who shall refuse or fail to produce and exhibit the register hereinbefore required to be kept by him, whenever the same may be required in any competent Court, or on the written order of the Resident Magistrate of the district, shall be liable to a penalty of twenty pounds, and in default of payment to imprisonment for any period not exceeding one month. III. All offences under this Ordinance shall be cognisable in the Courts of Resident Magistrates in this Province, and the term Resident Magistrate shall include all acting and additional Resident Magistrates. IV. This Ordinance shall take effect from and after the promulgation thereof, and the publication thereof shall be deemed and taken in law to be such promulgation. This Ordinance was published in the Government Gazette 25th September, 1874, and has been confirmed by Her Majesty, see Government Notice No. 35 of 1875. [Repealed by Ordinance No. 4, 1877.] (1). Repealed by Ordinance No. 4, 1877. No. 1--1875, ORDINANCES Passed by the Lieut.-Governor (R. SOUTHEY), of Griqualand West, with the advice and consent of the Legislative Council thereof in 1875. Also one, No. 3, 1875, passed by the Governor SIR HRNRY BARKLY. And another, No. 10, 1875, passed by MAJOR LANYON as Administrator by and with the advice and consent of that Council. No. 1, 1875 (1).-Sd. R. Southey.] [April 20th, 1875 Ordinance for raising on loan the Sum of Twenty Thousand Pounds for Surveys of Land in the Province of Griqualand West. WHEREAS a Sum of Twenty Thousand Pounds is required to meet the cos. of Surveys of Land already made in the Province of Griqualand West and to be made in the said Province during the year 1875; and whereas it is expedient that the said sum of Twenty Thousand Pounds should be raised for the above purpose by loan : Be it enacted by the Lieutenant-Governor of the said Province with the advice and consent of the Legislative Council thereof as follows: I. It shall and may be lawful for the Governor of this Province to raise and take up upon debentures to meet the cost of Surveys of Land in this Province, already made and to be made during the year 1875, the sum of twenty thousand pounds sterling. II. Such debentures shall be issued for sums of one hundred pounds each and shall bear date the 15th of July, 1875, and shall be signed by the Secretary to Government of the said Province by command of the Lieutenant-Governor, and countersigned by the Treasurer of the said Province, and shall bear interest at the rate of six pounds per centum per annum till the 15th of July, 1880. III. Such debentures shall be payable at the Office of the Crown Agents for the Colonies, London, on the 15th of July, 1880, and after that date shall cease to bear interest. IV. The Governor shall from time to time pay the interest upon the said debentures and may out of the current revenue of the Province and also out of the proceeds of the sale of Crown Lands from time to time buy up and cancel such debentures. V. Interest shall be payable on the said debentures at the Office of the Crown Agents for the Colonics aforesaid on the 15th of October next succeeding the issue thereof, and thereafter on the 15th of April and the 15th of October in each year, until the 15th of July, 1880, when the last instalment of interest shall be payable, or until such debentures respectively shall be redeemed and cancelled as aforesaid. VI. All such debentures shall be transferable by delivery without endorsement; and payment of the principal to any person presenting the same, or of interest due upon any such debenture to any person presenting any coupon for the same, shall be a good discharge for such principal or interest respectively, to the Government, which shall not be bound to make any inquiry as to the title of such person to any debenture or coupon 80 presented. VII. All such debentures shall be put up for public tender by the Crown Agents for the Colonies in London, and may be disposed of by them on the best terms which can be If more tenders than one, offering the same terms, shall be received for a thus obtained. greater amount of such debentures than the amount to be issued, it shall be lawful for the said Crown Agents for the Colonies to accept any one or more of such tenders, or any part of such tenders, as circumstances may make expedient. VIII. The interest of the said debentures payable as hereinbefore is provided, shall be charged and chargeable on and payable out of the revenue received from the rental of all Crown Lands, and the principal or capital sum thereof shall be charged and chargeable on and payable out of the proceeds of the sale of all Crown Lands in the said Province. [Promulgated by Government Notice No. 91 of 9th September, 1875, but subsequently disallowed. See Government Notice No. 210, 10th November, 1876.] (1). Disallowed-see Government Notice No. 210, 10th November, 1876, 1875] CAPE LAW uthey]. XIII. (1) The said Land Court m [April 20, 1875. No. 3-1875. time to time, frame, constitute, and of Fifteen Thousand Pounds for Public Works in place (2) of holding the said Court, therein, the appointing of commis est. de bene esse, and allowing the san Thousand Pounds is required to meet the cost of Public XIV. There shall be be to take minutes of evidence, and to keep 5: And, whereas, it is expedient that the said Sum of Fifteen be raised for the above purpose by loan: in accordance with the Lieutenant-Governor of the said Province, with the advice and land filed and may be lawful for the Governor of this Province to raise and take up III. Such debentures shall be payable at the office of the Crown Agents for the Colo- IV. The Government shall from time to time pay the interest upon the said debentures, and may also out of the current revenue of the Province and also out of the proceeds of the sale of Crown Lands from time to time buy up and cancel such debentures. V. Interest shall be payable on the said debentures at the office of the Crown Agents for the Colonies aforesaid on the 15th of October next succeeding the issue thereof, and thereafter on the 15th of April and the 15th of October in each year, until the 15th of July, 1880, when the last instalment of interest shall be payable, until such debentures respectively shall be redeemed and cancelled as aforesaid. VI. All such debentures shall be transferable by delivery without indorsement; and VIII. The capital sum and interest of the said debentures payable as hereinbefore is No. 3 (2), 1875.-Sd. Henry Barkly.] [Sept. 9, 1875. Ordinance to establish a Court to adjudicate on Claims to Land in the Province of Griqua- WHEREAS it is expedient to establish a Court to adjudicate on claims to Land in the Province of Griqualand West: Be it enacted by the Governor of the Province of Griqualand West, with the advice and consent of the Legislative Council thereof, as follows:- I. There shall be within the Province of Griqualand West, during such period as the Governor of the said Province shall by Proclamation in that behalf fix and determine or from time to time extend, a Court to be called the Land Court of Griqualand West, which shall be a Court of Record. II. The said Court shall be held and presided over by a Judge who shall hold office during good behaviour, for such period as aforesaid, but may be suspended from his said office and the discharge of his duties by the Governor of the said Province by order under his hand, in case of misconduct of such Judge, provided that such Governor shall immediately report, for the information of Her Majesty, through one of her principal Secretaries of State, the ground and causes of such suspension. III. It shall be lawful for the Governor upon the death, resignation, sickness or incapacity of such Judge, or in the case of the absence of such Judge, from this Province, or in case of the suspension from office of such Judge, to nominate and appoint some fit and proper person to act as and in the place and stead of such Judge so dying or resigning, or labouring under such sickness or incapacity as aforesaid, or being so absent as aforesaid from the Province, or being so suspended, until any vacancy so created by any such death, resignation, sickness, incapacity, absence, or suspension, shall be supplied by a new appointment to be made by the Governor, or until such Judge so becoming sick or incapable, or being absent or suspended as aforesaid, shall resume such office and enter into the discharge of the duties thereof. (1). Disallowel. Se Government Notice No. 210, 10th November, 1978. M No, 3-1875. IV. It shall be lawful for the Governor to pay to such Judge such salary and such allowances from the general revenue of the Provines as he inay deem fair and reasonable. V. The said Court shall have jurisdiction in all cases of Claims to Land within the said Province. VI. The said Court shall have cognizance of all pleas arising out of such claims, whether as between the Crown and other claimants, or as between claimants, inter se or otherwise, in as full and ample a manner, and to all intents and purposes, as the High Court of Griqualand now has in all civil causes within the said province, and shall in respect of all such claims to land as aforesaid have full power, authority, and jurisdiction to apply, judge and determine upon and according to the laws now in force within the said Province, and all such other laws as shall at any other time hereafter during the period so fixed and determined or extended for the establishment of the said Land Court as aforesaid be made and established by Her Majesty, her heirs, and successors, with the advice and consent of Parliament, or in her or their Privy Council, or by the Governor of the said Province of Griqualand West, with the advice and consent of the Legislative Council thereof, subject, nevertheless, in all cases to such right of appeal as is hereinafter provided. VII. The said Land Court shall have power to compel the attendance of parties and witnesses within the jurisdiction of the High Court of Griqualand, to punish summarily for contempt, and to issue warrants for the arrest of any person or persons who in the opinion of the said Land Court may be suspected to have been guilty of the crime of wilful and corrupt perjury in any proceeding in or before the said Land Court, and also to issue warrants for the arrest of any person or persons who may in the opinion of the said Court be suspected to have been guilty of any fraud, forgery, conspiracy, or of attempts to commit the said crimes, or generally of any crime in connection with any proceeding in or before the said Land Court. VIII. The rules of evidence followed in the High Court of Griqualand shall be followed in the said Land Court. Parties may appear either personally, or by counsel or attorney; and all pleadings and proceedings of the said Land Court shall be carried on, and the decrees, judgments, and orders thereof pronounced and declared, in open Court, and not otherwise, and the pleadings and proceedings of the said Land Court shall be in the English language. IX. The said Court shall hear and summarily decide all claims to land as aforesaid, provided always that it shall be lawful for such Court to adjourn the hearing of any case on the application of the Crown, or of any party thereto, to a day to be fixed and to be entered on the record; and in like manner to postpone judgment in any case either for further evidence, the hearing of counsel, or other valid cause. X. (1). All judgments or decrees of the said Land Court, whereby the right of any claimant or claimants to land within the said Province shall be adjudicated on, shall be provisional in the first instance for the space of three months from the date of such judgment or decree, and during such three months any party or parties feeling aggrieved thereby may note an appeal to the High Court of Griqualand, whose decision shall be final, subject, nevertheless, to such further right of appeal as is provided by the Proclamation of His Excellency Sir Henry Barkly, K.C.B., No. 70, (2), dated the 27th October, 1871, and in the event of no appeal being noted within such three months as aforesaid, or in the event of such appeal being withdrawn or lapsing by default, then and in every such case all judg ments or decrees of the said Land Court shall, on motion to that effect before the said Land Court, be made absolute, and shall thereupon entitle the party or parties in whose favour such judgment or decree may be pronounced to demand and receive from the Governor of the said Province of Griqualand West, and under the seal of the said Province, an indefensible title to the land so adjudicated on in accordance with the terms of such judgment or decree as aforesaid: Provided, nevertheless, that every such final judgment or decree as aforesaid shall not only entitle such clainants as aforesaid to demand and receive such indefeasible title as aforesaid, but shall also empower the said Governor to cause titles to be prepared and registered in the land register of the said Province in accordance with such final judgment or decree as aforesaid. XI. In considering whether any land claimed lie within the limits of Griqualand West, the said Land Court shall be guided by the terms of the Award pronounced by His Excellency Robert William Keate, Lieutenant-Governor of the Colony of Natal, on the 17th day of October, 1871, and also by the terms of the Proclamation of His Excellency Sir Henry Barkly, K.C.B., No. 67, dated the 27th day of October, 1871: Provided always that all titles issued to claimants of land situated on or near any disputed boundary shall not entitle the grantees or holders thereof to any compensation or damages whatsoever from the Imperial Government or from the Governor of the Colony of the Cape of Good Hope, or from the Government of the said Province of Griqualand West, in the event of the land so granted or any portion thereof, being found hereafter by any arbitration or other proceeding to belong to any neighbouring State, or being otherwise transferred to such neighbouring State: And provided further that neither the Imperial Government nor the Government of the Colony of the Cape of Good Hope, nor the Government of the said Province of Griqualand West, shall be held in any wise liable for compensation in respect of any proceedings which may become necessary hereafter in consequence of any disputes between Her Majesty's Government and the Government of any neighbouring State. XII. The said Land Court shall have full power to reduce clains which embrace extents of land which such Court my deem immoderate, unreasonable, or illegal, subject always to such right of appeal as is hereinbefore provided: And provided always that the said Land Court shall in no case award title for an extent greater than that named in the claim, or in the grant, deed, or other instrument of title whereon such claim is based: And provided further that if no extent be defined or description of boundaries be stated in such claim, or in such grant, deed, or other instrument of title, every such julg nent or decree as aforesaid shall be taken to be for title to a farm which may be of any extent, in no case exceeding 6,000 morgen. (1). See Ordinance No. 13 of 1876. XIII. (1) The said Land Court may, subject to the approval of the Governor, from time to time, frame, constitute, and establish general rules or orders defining the time and place (2) of holding the said Court, and the manner and form of proceedings to be observed therein, the appointing of commissions to examine witnesses, the examination of witnesses de bene esse, and allowing the same as evidence, and all other matters and things with regard to which the High Court of Griqualand possesses power to frame rules and orders. XIV. There shall be attached to the said Land Court a Registrar, whose duty it shall be to take minutes of all oral evidence given before the said Court, to file all documentary evidence, and to keep distinct registers of all provisional and absolute titles issued by or in accordance with any judgment or decree of the said Court. XV. The Governor shall, from time to time, transmit to the said Court all claims to land filed either with the Government of the Province or with any duly appointed board or commission empowered to receive claims to land within the Province, and all documents filed in support of such claims, and such claims shall be accompanied by a schedule thereof, setting forth in every case the name of the claimant, the name, if any, of the property claimed, with its extent, if known, the ground on which the claim is based, the names of the grantor and grantee, if any, and of the sellers and purchasers, if any, together with such other particulars as can be conveniently stated. XVI. The said Court shall, on receiving any claims as aforesaid, accompanied by any such schedule as aforesaid, fix a day not less than thirty days from the date of the receipt by such Court of such claims and such schedule, on which the said Court will proceed to hear and determine the claims in the said schedule set forth, and the said Court shall thereupon cause the said schedule to be published in the Government Gazette of the Province, with a notice by the Registrar of the said Court, calling upon all persons interested in the said claims to attend the said Court upon the said day, and such notice so issued and published as aforesaid shall be and be taken to be a sufficient notice to all claimants and other persons interested to attend the said Court, and shall serve and be regarded as, and instead of, any summons, citation, or other process. XVII. If any claimant shall not, when called, appear either in person, or by counsel or attorney, the said Court shall proceed to consider, and deal with the case of such claimant upon the documentary evidence submitted, and shall give provisional judgment in the same unless an adjournment of the hearing of such case or a postponement of judgment therein be ordered by the said Court. XVIII. (3) Every final order or decree in favour of title being issued to any applicant whether issued by the said Land Court or by any court of appellato jurisdiction, shall be written upon or covered by a stamp of the value of ten pounds sterling. [Lapsed.] No. 4-1875. No. 4, 1875, (4).-Sd. R. Southey.] [July 2, 1875. Ordinance to make certain Acts of the Legislature of the WE THEREAS His Excellency Sir Henry Barkly, K.C.B., Preamble. Governor of the Cape of Good Hope, &c., &c., did by a certain Proclamation, No. 68, (5), dated the 27th day of October, 1871, proclaim, declare, and make known that except in so far as His Excellency had already proclaimed, or might hereafter proclaim to the contrary, the laws and usages of the said Colony of the Cape of Good Hope shall be deemed to be the laws of Griqualand West so far as the same shall not be inapplicable thereto: And whereas the provisions of the aforesaid Proclamation No. 68 of 1871, have already been extended to the Acts passed by the Legislature of the Colony of the Cape of Good Hope from the date of the aforesaid Proclamation to the end of the year 1872: And whereas cer (1). For Land Court Rules see Proclamation No. 21 of 1975. (2). Proclamation No. 19 of 1875 appointed the Court to sit at Barkly on the 24th Sep. tember, 1875; but Proclamation No. 30, 1875, revoked this and removed the Court i Kimberley to sit there, on 3rd January, 1876. (3). See Ordinance No. 10 of 1877. sections 3 and 4. (4). See Nos. 6, 1871, 4 of 1876, 3 of 1879, and 13 of 1880. (5). No. 2. |