For the Expenditure of the Educational Establishment. £4,490 0 0 £125 0 0 Ordinance to abolish the Right of Appeal from the High Court of Griqualand to Her WH Majesty's High Commissioner. THEREAS it is expedient that the right of appeal from 'he High Court of Griqualand to Her Majesty's High Commissioner, created by the Proclamation of His Excellency Sir Henry Barkly, K.C.B., No. 70, dated the 27th of October, 1871, should be abolished, and that all such appeals should be direct to Her Majesty in Council: (1). By Act 12 of 1880 Appeals are direct to the Court of Appeal of this Colony-Sec. iii, Be it enacted by the Governor of the Province of Griqualand West, with the advice No. 10-1875. and consent of the Legislative Council thereof: I. So much of the Proclamation of His Excellency Sir Henry Barkly, K.C.B., No. 70, (1), dated the 27th of October, 1871, and so much of Ordinance No. 3 of 1875 (2) of this Province, and so much of any other Proclamation, Ordinance, or Legislative Enactment, as is repugnant to, or inconsistent with, the provisions of this Ordinance shall be and the same is hereby rescinded and repealed. II. All appeals from any judgment, decree, or order of the High Court of Griqualand shall be direct to Her Majesty in Council. III. 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. See Government Notice No. 39, 1876.] No. 10, (3), 1875.-Sd. W. O. Lanyon.] WH [Dec. 2, 1875. Ordinance to confer certain Powers on the Special Commissioner, appointed by Her Majesty the Queen, to make inquiry into the state of the Resources, Financial Affairs, Crown Lands, and Civil Service, of the Province of Griqualand West. THEREAS Her Majesty the Queen has been pleased to appoint William Crossman, Esquire, Lieutenant-Colonel in Her Corps of Royal Engineers, to be Her Majesty's Special Commissioner for the purpose of making a full, searching, and impartial inquiry into the Resources of the Province of Griqualand West, the Taxation, the Public Expenditure, the Public Accounts, the Management of Crown Lands, the Numbers, the Salaries and Organization of the Civil Service of the said Province, and such other matters and things touching the welfare and good governinent of Her Majesty's loving subjects therein residing as may be referred to the said Lieutenant-Colonel William Crossman, through one of Her Majesty's principal Secretaries of State: And whereas it is expedient to confer certain Powers on the said Lieutenant-Colonel William Crossman as such Special Commissioner: Be it therefore enacted by His Excellency the Administrator of the Province of Griqualand West, with the advice and consent of the Legislative Council thereof, as follows:1. The said Lieutenant-Colonel William Crossman is hereinafter called Her Majesty's Special Commissioner. 2. It shall be lawful for Her Majesty's Special Commissioner, by Summons in such manuer and form as he shall think fit, to require the attendance before him at a place and time to be mentioned in the Summons, which time shall be a reasonable time from the Service of such Summons, of any person whomsoever whose evidence in the Judgment of Her Majesty's Special Commissioner may be material to the subject-matter of the inquiry to be made by him, and to require every such person to bring with him and to produce to Her Majesty's Special Commissioner such Books, Papers, and Writings of every description as to Her Majesty's Special Commissioner shall appear necessary to be produced to him, and every such person shall be bound to attend Her Majesty's Special Commissioner, and to answer all questions put to him by, or by the leave and in the presence of, Her Majesty's Special Commissioner touching the subject-inatter of such inquiry, and to produce all such Books, Papers, and Writings whatsoever in his possession or custody or under his control according to the intent of the Summons. 3. Every Summons shall be served by the Sheriff of this Province or his Lawful Deputy, in like manner as process is served in cases in the High Court or in any Circuit Court; and the said Sheriff or other Officer shall be allowed besides the actual travelling expenses involved in such Service a Sum of Five Shillings for every Summons served by such Sheriff or other Officer within the Provisions of this Ordinance. 4. Every person implicated or interested in the inquiry may tender evidence on his own behalf, and such evidence may be received or rejected by Her Majesty's Special Commissioner as to him shall seem right. 5. It shall be lawful for Her Majesty's Special Commissioner to call for all such returns from any Government Officer as he may think fit to demand, and also to inspect, examine, or if he shall deem necessary impound any Books, Papers, Documents, Vouchers, or Writings of whatsoever kind in the possession or custody or under the control of such Government Officer. 6. The Laws of the said Province relating to Witnesses and Evidence shall be applicable to all Witnesses appearing, and to all evidence taken, before Her Majesty's Special Commissioner who is hereby authorised to Administer an Oath or an Affirmation or Declaration, when an Affirmation or Declaration would by such Law be allowed to any Witness appearing before him. 7. If any person on whom any Summons shall have been duly served, shall fail to appear in obedience thereto, without any lawful excuse for such default, it shall be lawful for Her Majesty's Special Commissioner to certify such default under his hand, and such Certificate without proof of any Signature thereto, shall be evidence of such default; and on the production of such Certificate to, and motion ex parte, by the Attorney-General of the said Province, before the Recorder of the High Court of Griqualand, it shall be lawful for such Recorder to cause such person to be brought before him, and after hearing such person, to adjudge such person to pay a fine not exceeding £20, and to be imprisoned for not more than Thirty Days unless such fine be sooner paid. No. 10-1875. 8. If any person so summoned as aforesaid, and appearing before Her Majesty's Special Commissioner, shall refuse to be sworn or to make an Affirmation or Declaration when an Affirmation or Declaration may be allowable, or if any person whether summoned or voluntarily attending, having been duly sworn, or having made Affirmation or Declaration, as a Witness shall refuse to answer any question put to him by, or by leave and in the presence of, Her Majesty's Special Commissioner, touching the matters in question in the inquiry, or to produce and show to Her Majesty's Special Commissioner, any Books, Documents, Papers, Vouchers, or Writings whatsoever, being in his possession or custody, or under his control, which Her Majesty's Special Commissioner may think necessary to be produced, or if any person shall in the presence of Her Majesty's Special Commissioner be guilty of any contempt of him or his Office, Her Majesty's Special Commissioner shall have such and the same powers, to be exercised in the same way as the Recorder of the High Court of Griqualand sitting in such Court may now exercise in that behalf: provided that any punishment to be awarded under this Section shall not be more than a fine not exceeding £20, and imprisonment not exceeding Thirty Days unless such fine be sooner paid; and all Gaolers, Officers and Constables of Police in this Province are required to give their aid and assistance to Her Majesty's Special Commissioner in the execution of his Office. 9. All Witnesses duly summoned and attending to give evidence, shall be paid their reasonable travelling expenses, and remuneration at a rate per diem according to the Tariff for witnesses in force in the High Court of Griqualand, and all such witnesses shall have their Bills taxed by the Master of the said High Court. 10. The amounts to be paid to witnesses and all other expenses attending the inquiry before Her Majesty's Special Commissioner shall be paid by the Provincial Treasury. 11. Any witness who shall wilfully give false evidence before Her Majesty's Special Commissioner, shall be deemed guilty of giving false evidence, and shall be liable to punishment accordingly, in all respects as if the said false evidence had been given in a Criminal Cause for or against a prisoner. 12. Every Certificate, Summons, or other Paper, or Writing requiring to be signed, must be signed by Her Majesty's Special Commissioner. 13. Her Majesty's Special Commissioner shall, in respect of anything done by him or by his direction, in the prosecution of the inquiry to which this Ordinance relates, be entitled to the same benefit and protection as the Recorder of the High Court of Griqualand would be entitled to under corresponding circumstances. 14. This Ordinance shall commence and take effect from the date of the promulgation hereof, and the publication hereof shall be deemed and taken in Law to be such promulgation. [Temporary. Lapsed.] ORDINANCE. No. 1, 1876.-Sd. W. O. Lanyon.] [August 31, 1876. No. 1-1876. Ordinance to determine the time of the taking effect of WHEREAS it is expedient to determine when Ordi- Preamble nances passed by the Legislative Council of this Province shall take effect: Be it enacted by the Administrator of the Province of Griqualand West, with the advice and consent of the Legislative Council thereof : ordi- / nances take ef I. That Ordinances passed by the Legislative Council of When this Province, and duly assented to, shall, unless it is other- feet. wise specially provided in and by any Ordinance, commence and take effect from and after their promulgation in the Government Gazette. "Act." II. Where the word "Act" shall appear in any Ordi- Meaning of word nance which may hereafter be passed by the Legislative Council of this Province, it shall, unless the contrary appear, be taken to mean an Act of the Parliament of the Colony of the Cape of Good Hope. passed before to ces of Cape of III. Where in any Ordinance which may hereafter be Ordinances passed by the Legislative Council of this Province any 1854 taken reference is made to any Ordinance passed before the Year mean, Ordinanof Our Lord Eighteen Hundred and Fifty-four, the same Good Hope. shall, unless the contrary appear, be taken to mean an Ordinance of the Legislature of the Colony of the Cape of Good Hope. tion or Govt. be cited by its IV. It shall be sufficient in any process of law, whether Any ProclamaCivil or Criminal, or in any Proclamation or Government Notice in Vol. 1 of Notice issued under the provision of any law which now is or Statute Law can may hereafter be in force, to cite any Proclamation or local number. Government Notice contained in Volume I. (1) of the Statute Law of this Province by the consecutive or local number attached to such last-mentioned Proclamation or Government Notice in and by such Volume without any further description thereof. VI. This Ordinance may be cited for all purposes as the short title. "Promulgation and Interpretation Ordinance, 1876." [Promulgated by Government Notice No. 211, 15th November, 1877, confirmed by Her Majesty, see Government Notice No. 25 of 25th January, 1877.] (1). Nos. 1 to 89 inclusive, pages 1-76. N No. 2-1873. No. 2, 1876.-Sd. W. Owen Lanyon.] Preamble. Repugnant laws repealed. Bond may estreated and and chattels of sureties, [August 31, 1876. Ordinance to provide a more speedy method for the Estreatment of Bail Bonds given by Accused Persons and their Sureties, and for other purposes. W HEREAS it is desirable to provide by law a morespeedy method of estreating the bail bonds entered into by accused persons and their sureties for the due appearance of such accused persons at the competent Court before which they shall, as in manner by law prescribed, have bound themselves to appear and answer to the crime or matter laid to their charge. Be it therefore enacted: I. That so much of any law or ordinance at present in force as may be inconsistent with or repugnant to the provisions of this Ordinance is hereby rescinded and repealed. Accused person II. As often as any accused person who shall have failing to appear entered into such bond as aforesaid, to appear before a comexecution levied petent Court to answer to any charge whatsoever, shall make upon the goods default and fail to appear and answer to such charge upon accused and his the day and at the hour specified in the bond (or so soon thereafter as the Court may be prepared to investigate the charge), it shall be lawful for the presiding Judge or Magistrate (who shall have jurisdiction in all cases in which any such bond is entered into for the accused to appear before his Court), upon satisfying himself that such accused person is actually in default and has failed to appear, to declare the bond to be estreated to Her Majesty the Queen, and thereupon to order execution to be levied by writ, by the proper officer of the Court against the goods and chattels of the accused person so in default, and against those of the surety or sureties to the said bond, and upon recovery of the amount so assured as aforesaid or any part thereof, the Registrar of reco the High Court or Circuit Court, or the Clerk to the Resident into Treasury. Magistrate (as the case may be), shall forthwith pay to the Treasurer of the Province, or the Civil Commissioner of the District (as the case may be) the amount so recovered. Amount vered to be paid When lands and tenements may be declared executable. III. In the event of the amount realized by the sale of the goods and chattels of any accused person and of his sureties, not satisfying the amount assured under the bond, it shall be lawful for the High Court or Circuit Court upon motion thereto (due notice of which shall be given as in manner by law prescribed, to the party to the bond who shall have failed to satisfy his liability in respect thereof), to declare all lands and tenements the property of such party, to be executable, and the same may thereupon be sold to satisfy the exigency of the writ so levied as aforesaid. |