accused person IV. (1) It shall not be lawful for any person accused of No. 8-1876. theft, fraud, embezzlement, robbery, illicit dealing in dia- when immovmonds, murder, arson, or rape, who shall have been admitted able property of to bail upon such charge, to sell, transfer, or in any way admitted to bail alienate any immovable property of which he shall have been nated. possessed before entering into such bond as aforesaid, until he shall have appeared to answer to such charge and have abided by the decision thereon according to law, provided that it shall be necessary for the Court or Officer admitting such person to bail, to notify in the Government Gazette the name of such person by notice in the form of the Schedule hereunto annexed, and further to cause to be affixed a similar notice to the door of the Court before which such accused person has bound himself and is bound to appear. V. The fees chargeable by the officer of the Court from Foes. which any writ of estreatment may issue, as in manner hereinbefore provided, shall be the fees chargeable by law upon any writ of civil process issuing from such Court and shall be payable out of the proceeds of any sale whether of goods and chattels or lands and tenements as the case may be. SCHEDULE. (1). Notice is hereby given in terms of Section 4 of Ordinance Schedule. No. 2 of 1876, that- -accused ofhas been admitted to bail on the said charge on the day of, by me, and that the said— --is bound by his bond to appear before the -Court at- -to answer to the said charge, upon the day of, and all persons are hereby warned in terms of the aforesaid section, that the said is by the provisions of the said Ordinance prohibited from selling, transferring, or otherwise alienating any immovable property of which he may have been possessed before entering into such bond as aforesaid until he shall have appeared to answer to such charge and have abided by the decision thereon according to law. Promulgated by Government Notice No. 216, 23rd Nov. 1876, confirmed by Her Majesty, vide Government Notice No. 70, 29th March, 1877. No. 3, 1876.-Sd. W. O. Lanyon.] [September 1, 1876. Ordinance to Amend the Law relating to the Jurisdiction and Powers of Resident Magistrates. WHEREAS it is expedient to amend the Law relating P.ouble. to the Jurisdiction of Magistrates: Be it enacted by the Administrator of the Province of (1). Repealed by Section 2, Ordinance No. 4 of 1880, which, however, was disallowed, No. 3-1876. Griqualand West, with the advice and consent of the Legislative Council thereof : Repugnant laws , repealed. I. So much of the Act No. 20, 1856, and of any rule, and regulations order, or regulation of any of the Courts of Resident Magistrates, and of any other law in force in this Province, as is repugnant to or inconsistent with any of the provisions of this Ordinance is hereby repealed. Appeals to High II. The forty-second section of the said Act No. 20, or Circuit Court, 1856, and the second section of the Cattle Theft Repression Amendment Act, 1867, shall be read as if the words" with'out appeal or review" in the commencement thereof were omitted; and from and after the passing of this Ordinance any person who shall be convicted by the judgment of any Court of Resident Magistrate, and sentenced to any period of imprisonment, or to the payment of any fine, or to receive any number of lashes or cuts, may, if he think fit, appeal against such conviction and sentence to the High Court, or to the Circuit Court to be held in the District in which the alleged offence was committed, as the person convicted may elect: Provided, that within four days next after such conviction, notice in writing be given to the Clerk of the Court of the Resident Magistrate, by or on behalf of the person convicted of his intention to appeal and of the Court to which he elects to appeal: Provided, further, that no public or private prosecutor shall by virtue of this section be entitled to bring any case either in appeal or under review in any superior Court which could not before the passing of this Act Appeal when to be brought under such appeal or review: Provided also that every such appeal when made to the High Court shall be prosecuted before such High Court or before the Judge in chambers, within fourteen days after the giving of such notice; and when made to the Circuit Court shall be prosecuted at the next ensuing Circuit Court, and if not so prosecuted, such When sentence conviction and sentence shall be and become final, and it shall not be competent thereafter to bring the same before any superior Court either by appeal or review; anything contained in this Ordinance or in the Proclamation No. 70, 1871 (1) by His Excellency Sir Henry Barkly, dated 27th October, 1871, to the contrary notwithstanding; and when any such appeal is made as aforesaid the provisions of the 47th Section of of the said Act No. 20 of 1856, in regard to the execution of tion 47, Act 20 of any sentence of imprisonment for any period exceeding one 1856 to apply. month or to pay any fine exceeding five pounds sterling, or to receive any number of lashes or cuts and the circumstances under which any such sentence may be suspended shall apply mutatis mutandis to any sentence so appealed against. be made. is final. to Execution become sentence. Sec (1). No. 4, p. 8. person theft of horse, may proceed as III. As often as any Resident Magistrate shall convict No. 4-1876. any person of stealing or receiving, knowing to have been when stolen any horse, mule, ass, head of cattle, sheep or goat, it convicted of shall be lawful for such Resident Magistrate to make such &c., Magistrate inquiry and give such judgment as in the 4th Section of the in Sec. 4, Act 16, Cattle Theft Repression Act, 1864, is mentioned in like of 1864. manner precisely as if the person so convicted had been committed for trial by such Resident Magistrate under the said section, and the provisions of the said last-mentioned Act shall thereupon mutatis mutandis apply to such judgment, and the proceedings subsequent thereto as if the same were a judgment given under the said last-mentioned Act, the quashing of any such conviction being taken to be for the purposes of the said last-mentioned Act, an acquittal of the person accused. IV. This Ordinance may be cited as "The Resident Short title. Maistrates Court Ordinance 1876." Promulgated by Government Notice No. 211, 15th November, 1877; confirmed by Her Majesty-see Government Notice No. 25, 25th January, 1877., No. 4, 1876 (1).-Sd. W. O. Lanyon.] 1 Ordinance to make Certain Acts of the Legislature of the WHEREAS His Excellency Sir Henry Barkly, K.C.B., Preamble. did by a certain Proclamation No. 68, (2) dáted 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 Colony of the Cape of Good Hope shall be deemed to be the law 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 certain Acts of the Legislature of the said Colony of the Cape of Good Hope of the years 1873 and 1874 have / mutatis mutandis been declared by Ordinances No. 6 of 1874, and No. 4 of 1875, to be law within this Province: And whereas it is expedient to adopt and make applicable to this Province certain other Acts passed by the Legislature of the Cape of Good Hope : (1). See No. 3, 1879, No. 6, 1874, No. 4, 1875, No. 18, 1880. (2). No. 2, p. 5. No. 4-1870. Be it enacted by the Administrator of the Province of Griqualand West, with the advice and consent of the Legislative Council thereof : I. The Acts of the Legislature of the Cape of Good Hope mentioned in the Schedule hereunto annexed, shall be, and the same are hereby declared to be law within the Province of Griqualand West save only in respect of such merely verbal changes as may be necessary to render the said Acts applicable to this Province, and so far as the same shall not be inapplicable thereto. SCHEDULE. I. Act 17 of 1874, entitled "The Criminal Law Amendment Act of 1874." II. Act 3 of 1875, entitled "Cruelty to Animals Act, 1875." III. Act 10 of 1875, entitled "Apportionment of Quitrent Amendment Act, 1875.” IV. Act 15 of 1875, entitled "Wild Ostrich Act 1875." V. Act 21 of 1875, entitled "The Ante-Nuptial Contracts Law Amendment Act, 1875." VI. Act 22 of 1875, entitled "The Inquests Act, of 1875." VII. Act 24 of 1875, entitled "Domesticated Ostrich Act, 1875." VIII. Act 31 of 1875, entitled "The Pounds Act, 1875." IX. (1) Act 2 of 1876, entitled "To amend the Law relating to the making of Lists of Jurors." X. Act 11 of 1876, entitled "To amend the Law relating to the Sale of Wines and certain other Liquors by Auctioneers.' XI. Act 16 of 1876, entitled "To empower Resident Magistrates and others to cancel certain Adhesive Stamps." XII. Act 17 of 1876, entitled "Settled Estates Leasing Act, 1876." XIII. Act 22 of 1876, entitled "Attesting Witnesses Act, 1876." [Promulgated by Govt. Notice No. 239, 20th Dec., 1876, confirmed by Her Majesty, see Govt. Notice No. 51, 13th March, 1877.] [(1). Vide Ordinance 14 of 1876. section 6]. No. 5, 1876.-Sd. W. O. Lanyon.] [September 19, 1876. No. 5-1876. Ordinance for Securing the Safe Custody of Prisoners, and for other Purposes. WHEREAS it is expedient to make more effectual pro- Preamble. vision than now exists for the safe custody and discipline of Prisoners: Be it enacted by the Administrator of the Province of Griqualand West, with the advice and consent of the Legislative Council thereof : laws repealed ing prisoners to escape from I. Any law, inconsistent with the provisions of this Inconsistent Ordinance, is hereby repealed. II. Every person who aids or attempts to aid any Penalty for aidPrisoner in escaping or attempting to escape from any Gaol, or with the intent to facilitate the escape of any conveys or causes to be conveyed into any Gaol, any mask dress or other disguise or any letter or any other article or thing, shall on conviction be sentenced to imprisonment with or without hard labour for a term not exceeding two years. gaol. Prisoner, III. If any person by threats, intimidation, offer of Penalties for rescuing priviolence, or show of arms, or force, or otherwise, shall rescue, soner in lawful or attempt to rescue, any Prisoner in lawful custody, it shall custody. be lawful for the officer in charge of such Prisoner, without warrant, to apprehend, or cause to be apprehended, such offender, and bring him before the Court of the Resident Magistrate at its next sitting (which Court is hereby empowered to hear and determine such case in a summary way), and such offender shall on conviction be sentenced by such Magistrate to imprisonment with or without hard labour for a term not exceeding one year: Provided, however, that nothing herein contained, shall prevent such Magistrate in the exercise of his discretion from taking a preliminary examination in any such case. tobacco, &c. into framed under 1847. IV. It shall and may be lawful for the Governor, by any Introduction of such rules as are authorized to be made, or have been framed, gol. Governor under the Provisions of Ordinance 24, of 1847, of the Colony may adopt rules of the Cape of Good Hope, or of any other law, to fix and Ordinance 24 of prescribe the circumstances under which tobacco, narcotic, or drug may be carried or brought into any Gaol; and every person who shall in contravention of such rule, attempt by any means whatever to introduce into any Gaol, any tobacco, narcotic, or drug, shall be liable to be dealt with in the manner, and shall on conviction be subject to the penalties provided by the 13th Section of the aforesaid Ordinance 24 of 1847. ficers selling or V. If any keeper, or other officer of, or person employed Penalties on ofin any Gaol shall sell, lend, or give away to any Prisoner any permitting pri soners to receive tobacco, &c. |