No. 5-1876. tobacco, narcotic, or drug, or knowingly permit or suffer to be received or used by any Prisoner such tobacco, narcotic or drug, contrary to any such rule as aforesaid in that behalf, such keeper, or other officer, or other person shall be liable to be dealt with in the manner, and shall on conviction be subject to the penalties provided by the 14th Section of the aforesaid Ordinance 24, of 1847: And every such keeper or officer convicted under this Section shall, in addition to any other punishment, forfeit his Office, and all arrears of salary due to him. Penalty on officers convicted VI. Any keeper or officer convicted under the 14th under Section 14 Section of the aforesaid Ordinance 24, of 1847, shall in addiof Ordinance 24 tion to any other punishment, forfeit his office, and all arrears of salary due to him. of 1847. Penalty for sup plying without a any prisoner VII. Every person who shall supply, or attempt to written order supply, any prisoner in the lawful custody of any officer with spirits, &c. outside the precincts of any gaol, and whether such prisoner be at hard labour or not, with spirituous or fermented liquor, or tobacco, narcotic, or drug, without a written order signed by the District Surgeon or Resident Magistrate of the District, or the Inspector of Prisons authorizing such supply, may, by the officer in whose custody such prisoner may be, be apprehended or caused to be apprehended and brought before the Court of Resident Magistrate for the District at its next sitting (which Court is hereby empowered to hear and deal with such a case in a summary way); and such offender, if convicted, shall be liable to pay a fine not exceeding Twenty Pounds, and in default of payment, shall be liable to be imprisoned for any period not exceeding two months, with or without hard labour. provided by Sec. 1847, may be in offences. Punishments VIII. Every Prisoner under sentence of imprisonment, 10. Ord. 24 of and being outside the precincts of any Gaol, found in posflicted for certain session of spirituous or fermented liquors, or tobacco, narcotic or drug, and not having received the same under or by virtue of some rule of the Gaol wherein such Prisoner may then be sentenced to be imprisoned, may on summary conviction before the Resident Magistrate or the Inspector of Prisons, be sentenced to any penalty provided by Section 10, of Ordinance 24 of 847. Penalties on persons in charge of spirits. sup IX. Every officer or constable, in charge of any Prisoner prisoners outside the precincts of any Gaol, who supplies or attempts plying them with to supply to any such Prisoner, any spirituous or fermented liquors, or tobacco, narcotic, or drug, or who shall knowingly permit or suffer to be received or used by such Prisoner, any such liquor, tobacco, narcotic, or drug, without a written order signed by the District Surgeon or the Resident Magistrate of the District, or the Inspector of Prisons, shall be liable to be dealt with in the manner, and shall on convic- No. 5-1876. tion be subject to the penalties, provided by the 14th Section of Ordinance numbered 24 of 1847, and shall, in addition to any other punishment, forfeit his office and all arrears of salary due to him. sons in charge of X. Whenever any prisoner, whether within or outside Penalties on perthe precincts of any gaol, being in the custody of any officer, a prisoner found constable, or other person is found in a state of intoxication to be intoxicated or under the influence of any narcotic, such officer, constable, or other person shall, unless the contrary appear, be deemed to have been guilty of neglect of duty, and shall, on conviction, be liable to a penalty not exceeding Ten Pounds. conveying arti allowed XI. Every person whc, contrary to the regulations of Penalties for a Gaol, conveys or attempts to convey any letter or other cles into gaol not document, or any article whatever, not allowed by such by reRegulations into or out of any Gaol, shall, on conviction, incur a penalty not exceeding Ten Pounds, and if an officer of the prison, shall forfeit his office, and all arrears of salary due to him, but this Section shall not apply in cases where the offender is liable to a more severe punishment, under any other provision of this Ordinance. XII. It shall and may be lawful for the Governor, with Governor the advice of the Executive Council of the Province to make admission may make rules for of rules and regulations for the admission to any Gaol of persons strangers. to apply to per &c. XIII. All prisoners convicted of contravening the 12th Act 5 of 1866-67 Section of Ordinance 24 of 1847, shall be liable to the punish- sons escaping, ment and penalties, or both provided in and by the 3rd Section of Act No. 5 of 1866 and 1867: Provided that no prisoners save those under sentence of hard labour, shall be liable to receive personal correction. resign without XIV. No officer belonging to any Convict Station or Officers may not Gaol, shall be at liberty to resign or withdraw himself from permission or his office, unless expressly permitted to do so in writing, months notice. signed by the Inspector of Prisons or the Resident Magistrate Penalty for nonof the District in which such Convict Station or Gaol is compliance. situated, or the superintendent of such Convict Station, or unless he shall give to such Inspector of Prisons or Resident Magistrate or Superintendent two months' notice of his intention to resign such office, and every officer who shall Inspectors prisons of. powers No. 6-1876. resign or withdraw himself without such leave or notice, shall be liable to forfeit all arrears of pay then due to him, or to a penalty not exceeding Ten Pounds, or to imprisonment for any term not exceeding two months, as to the Resident Magistrate of the District shall deem best and most expedient: Provided, always, that the term officer shall be construed to mean and include overseer, constable, gaoler and turnkey. of XV. (1). All and singular the powers conferred on Resident Magistrates in respect of the maintenance of discipline among convicts and in gaols by the provisions of Ordinance 7 of 1844, of Ordinance 24 of 1847, of Act 5 of 1866-'67, and of any other Ordinance or Legislative Enactment in that behalf made and provided, shall be, and the same are hereby conferred on the Inspector of Prisons: Provided always that in the absence of the Inspector of Prisons nothing herein contained shall be deemed or taken to abrogate or limit any such powers of Resident Magistrate as aforesaid. Short title. Preamble. XVI. This Ordinance may be cited for all purposes as the "Safe Custody of Prisoners Ordinance, 1876." [Promulgated by Government Notice No. 217, 23rd November, 1876; confirmed by Her Majesty-see Government Notice No. 70, 29th March, 1877.] No. 6, 1876.-Sd. W. Owen Lanyon.] [Sept. 21, 1876. Ordinance to provide for the Licensing and Regulating of Ferries. WHEREAS by Proclamation bearing date 31st October, 1872, (2) the Commissioners then Administering the Government of Griqualand West, did ordain that it should be necessary for every person plying for hire any Ferry, to obtain a licence on stamped paper of the value of £50; and whereas by Proclamation No. 11 of 1873, (3) bearing date 17th March, 1873, the Officer Administering the Government of Griqualand West, did proclaim, declare, and order, that the aforesaid Proclamation of 31st October, 1872, (2) should be, and the same was thereupon cancelled and repealed and whereas it is expedient that every person plying for hire any Ferry, should obtain a licence: and whereas it is further expedient to fix and determine the rates which every person plying for hire such Ferry should be entitled to demand as hire: (1). Vide Sec. 2, Ord. 11 of 1877. (2). No. 57, p. 58. (3). No. 84, p. 78. Be it enacted by the Administrator of the Province of No. 6-187( Griqualand West, by and with the consent of the Legislatiye Council thereof: licence illegal. I. No person shall ply for hire any Ferry within this Plying of ferry Province without having first obtained a licence so to do, for hire without which licence shall only entitle the owner thereof to ply for hire such Ferry at the places, and during the time specified in such licence, and any person found guilty of contravening this section shall be liable for a first offence to a fine not exceeding Five Pounds, and in default of payment thereof to imprisonment for a term not exceeding fourteen days; and for every second or subsequent offence to a fine not exceeding Penalty for nonTwenty Pounds, and in default of payment thereof to im- observance. prisonment for a term not exceeding one month. stamped paper. II. Licences to ply for hire any Ferry shall be on Licences to be stamped paper of the value of Ten Pounds, and all such annual and on licences shall be annual, and subject to the provisions of section 2 of Schedule No. 15 of Act No. 3 of 1864. III. Such licence shall and may be issued by the Dis- Licence by whom tributor of Stamps of any district, to or from, or within which issued. such Ferry shall ply for hire, and shall bear thereon the date of its issue, and the place where such Ferry shall ply for hire, and such licence shall be in the form contained in the schedule hereto Provided, that no such licence, or right to ply such Ferry, shall be issued by such Distributor of Stamps, until a certificate or permission duly signed by the Governor shall have been lodged with such Distributor. licence. IV. Every licence so issued as aforesaid, shall entitle the Privileges of holder thereof lawfully to ply his Ferry at and between the places named therein, and in case the river or water upon which the same is plyed for hire, shall divide two districts, a licence obtained in one district shall entitle the owner thereof to ply for hire to and from the districts so divided, between the points named in such licence, without further cost or pay ment. licence V. No person not being the holder of any such licence No person not and not producing the same when required so to do, shall be having can charge for entitled to demand or claim from any passenger or person use of ferry. whatever, either for the conveyance or transport of such passenger or person, or of any vehicle, or animal, any sum or compensation whatsoever, for such conveyance or transport; and any payment or compensation paid or given for or in Payments so respect of such conveyance or transport, may at any time recovered in Mawithin six months from the date of such payment or com- gistrate's Court. pensation be recovered back from the person claiming or receiving the same, together with the full costs of such recovery, in the Court of the Resident Magistrate of the District in made may be legal fare person person within a No. 6-1976. which such unlawful charge shall have been made; but in case the river or water upon which the Ferry is plyed shall divide two districts, it shall be at the option of the suitor to elect in which of the Courts of the two districts his action shall be brought, anything in Section VIII of Act 20 of 1856 to the contrary notwithstanding: Provided always that such person shall, notwithstanding such recovery, be liable to the penalties provided for in the first section of this Ordinance. Upon tender of VI. Every holder of such licence as aforesaid, to ply for plying is bound hire any Ferry, shall, at and between such places as are specito transport any fied in such licence be bound at all such times as may herereasonable time. after by Proclamation be fixed for such plying for hire to convey and transport within a reasonable time, in and by such Ferry, any person, vehicle, or animal offering or claimed to be conveyed aud transported thereon and thereby, upon tender of payment of the fare or fares to which the holder of the licence may legally be entitled, and if upon tender of such fare or fares, such holder without reasonable or sufficient cause refuse to carry and transport such applicant, or the vehicle or animal in respect of which the fare or fares shall have been tendered as aforesaid, the holder of such licence shall for every refusal or offence be liable to a fine not exceeding Five Pounds, and in default of payment thereof, to be imprisoned for a term not exceeding fourteen days: Provided further that every holder of such license shall be further liable on a second or subsequent conviction under this section to a forfeiture or cancellation of his licence by the Court in which such second or subsequent conviction shall be obtained. VII. (1). The Governor shall from time to time by Pronotified clamation in the Government Gazette of this Province, fix time in Govern- and notify the fare or fares which the holder of any such licence as aforesaid shall be entitled to claim in respect of the conveyance or transport of any person, vehicle, or animal, and fares not exceeding the fares so fixed and notified as aforesaid shall be claimable by the holder of any such licence as aforesaid, and any person found guilty of contravening this section, shall be liable to the penalties contained in the first section of this Ordinance. Penalty. Fares to be fixed and from time to ment Gazette. Fares so fixed to be placed in the ferry. VIII. Every person licensed as aforesaid shall, imsome conspi- mediately upon the issue of such last-mentioned Proclamation, cuous place upon fix and paint, or write in large and legible letters and figures upon a board, the fares fixed by such Proclamation, and shall at all times keep the said board with the fares so legibly painted or written thereon as aforesaid in some conspicuous place upon the said Ferry, and failing to do so, shall be liable (1). Vide Proclamation No. 6 of 26th April, 1877, fixing the fares to be charged, |