No. 14-1876 lawful for the said court to set such fine upon every man so making default (unless some reasonable excuse shall be proved on oath or affidavit) as the court shall think meet, not exceeding the sum of ten pounds sterling. When day men- XI. If any of the days mentioned in this Ordinance on a Sunday or shall happen to be a Sunday or a holiday, then anything a holiday, required to be done on any such day shall be done on the first lawful day following. tioned happens [Promulgated by Govt. Notice No. 30, 29th January, 1877. Assented to by the Governor, see Govt. Notice No. 43, 22nd February, 1877. Confirmed by Her Majesty, see Govt. Notice No. 89, 9th May, 1877.] No. (1) 1 of 1877.—Sd. W. O Lanyon.] [12th March, 1877. THEREAS it is expedient to raise by the issue of Debentures any sum or sums not It is therefore enacted by the Administrator of the Province of Griqualand West, with the advice and consent of the Legislative Council thereof as follows: I. It shall be lawful for the Administrator of Griqualand West (in this Ordinance II. The principal moneys and interest secured by the debentures issued under this III. Every debenture issued under this Ordinance shall be for a sum not less than (1). Repealed by Cape Act No. 24 of 1880. IV. The debentures shall be issued in London on behalf of the Government by the Crown Agents for the Colonies (in this Ordinance referred to as the Crown Agents), and shall be signed by them on that behalf. V. Every debenture shall before being issued be registered in a register book to be kept for that purpose at the office in London of the Crown Agents. VI. There shall be attached to every debenture, coupons for the payment of the interest to become due in each half year upon the principal secured by the debenture. The coupons shall be sufficient in number to provide for the payment of the interest, either during the whole period for which the debenture has to run, or for such limited period as the Crown Agents, acting on behalf of the Government may determine, VII. The debentures and the coupons thereto, may be in such form as the Administrator or the Crown Agents, acting on his behalf, may direct or approve. VIII. Every debenture and coupon, and the right to receive the principal and interest secured or represented thereby, shall be transferable by delivery. IX. So long as any of the debentures remain outstanding, the Administrator shall in each half-year ending with the day on which the interest on the debentures falls due, appropriate out of the general revenue and assets of this Province a sum equal to one halfyear's interest on the whole of the debentures previously issued, including any which may have been redeemed, and remit that sum to the Crown Agents at such time as will enable them to pay thereout the then current half-year's interest on the day when it falls due, and he shall appropriate out of the revenue and assets of this Province an additional sum equal to ten shillings sterling per centum on the total nominal amount of the debentures issued on or before the first day of that half year, including any which may have been redeemed, and remit that sum to the Crown Agents with the remittance hereinbefore mentioned. X. The Crown Agents shall, subject to the approval of Her Majesty's Principal Secretary of State for the Colonies for the time being, place and keep the money so remitted to them, or so much thereof as may not be required for immediate payments on deposit at interest in their names with some bank or banks in London or Westminster and shall hold all such moneys and the accumulations thereon in trust to apply them in the first place, in payment of the interest for the current half-year upon the debentures for the time being outstanding, and in the next place in the formation of a sinking fund, Provided always that it shall be lawful for the Administrator, subject to the approval of Her Majesty's Principal Secretary of State for the Colonies, for the time being, to place and keep on deposit at interest, in any bank in Kimberley, any balance of moneys and accumulations thereon not required to be remitted to the Crown Agents for such immediate payments as aforesaid on the like trusts. XI. The interest npon the principal secured by such debentures shall run from the day named in that behalf in the debenture, and shall be paid half yearly on the days named in that behalf in the Debenture, at the office in London of the Crown Agents. XII. The sinking fund shall be applied in the first place in payment of all expenses of or incidental to the redemption of debentures, and the cost and expenses of all notices required by this Ordinance to be given; and in the next place, and subject to the aforesaid payments in repayment as hereinafter provided, of the principal moneys for the time being secured by the debentures. XIII. The debentures shall, at the option of the Crown Agents, subject to the approval of Her Majesty's Principal Secretary of State for the Colonies for the time being, be redeemed either by purchase in the open market or by repayment any time after the lapse of five years from the date of issue, provided the time fixed for such repayment shall be a day on which a coupon shall become due and payable and provided the Crown Agents shall have given not less than six months previous notice by advertisement in the "London Gazette" and the "Times" Newspaper of their intention so to pay off any debentures issued under this Ordinance. XIV. The debentures to be so repaid after six months notice shall be paid off at par, and the first numbers outstanding, commencing with No. 1, shall be from time to time selected for repayment, and the numbers of the debentures to be paid off shall be published in the advertisement required by the preceding section of this Ordinance. XV. From and after the day so appointed for the repayment of any debenture, all interest on the principal moneys secured thereby shall cease and determine, whether payment of the principal has or has not been demanded. XVI. Upon the repayment of the principal moneys secured by any debenture, the debenture with all the coupons thereunto belonging shall be delivered up to the Crown Agents to be by them cancelled and forwarded to the Government. Any debenture redeemed by purchase shall likewise be so cancelled and forwarded. XVII. This Ordinance may be cited as "The Griqualand West Loan Ordinance, 1877," SCHEDULE. To be paid to the Government of the Orange Free State for final settlement of all disputes as to the boundaries of the Province of Griqualand West, a sum not exceeding £90,000 0 0 To be paid to the Government of the Orange Free State for Railway 15,000 0 0 To be paid to Her Majesty's Government for the cost of removal of 20,000 0 0 Miscellaneous purposes, including cost of raising this Loan [Reserved for Her Majesty's pleasure. Confirmed by Her Majesty, see Government Notice No. 144, 30th August, 1877.] 15,000 0 0 £140,000 0 0 No. 1-1877, Preamble. No. 2-1877. No. 2 (1) of 1877.-Sd. J. D. Barry.] [12th March, 1877. Ordinance to Facilitate the Apprehension of certain Offenders escaping to this Province from any place within the limits of the Colonies of the Cape of Good Hope and Natal, or within the Territories or Dominions of the South African Republic and Orange Free State, and to Amend the Laws relating to the Extradition of Criminals. HEREAS persons who have committed crimes within the limits of the Colonies of the Cape of Good Hope and Natal respectively, or within the territories of the South African Republic and the Orange Free State respectively, sometimes escape to this Province, and it is expedient to provide for the apprehension of certain such offenders: And whereas it is expedient to amend the laws relating to the surrender to or from the Colony of the Cape of Good Hope, to or from the Colony of Natal, to or from the South African Republic, and to or from the Orange Free State respectively, of persons accused or convicted of the commission of certain crimes within the jurisdiction of such Colonies or States respectively, and to the trial of criminals surrendered by such Colonies or States respectively to this Province: Repugnant Acts repealed. Recorder may countersign war Be it enacted by the Administrator of the Province of Griqualand West, with the advice and consent of the Legislative Council thereof : I. So much of Act 19 of 1872, as may be in force in this Province under or by virtue of the Proclamation of His Excellency Sir Henry Barkly, K.C.B., No. 20 of the 23rd of September, 1872, and all and singular the provisions of Ordinance No. 4, 1874, and so much of any other law or legislative enactment of whatever kind in force in this Province as may be repugnant to or inconsistent with any of the provisions of this Ordinance shall be repealed. II. It shall be lawful for the Recorder of the High Court rants of neigh- of Griqualand, if he shall think fit but not otherwise to bouring Colonies countersign all warrants for the apprehension or recapture of. any person accused or convicted of any of the crimes specified in the Schedule hereto, which may have been issued by any Judge or Resident Magistrate within the Colony of the Cape of Good Hope or Natal, and such warrants when so countersigned shall authorize and empower all resident magistrates and justices of the peace, and other officers of justice within their several and respective jurisdictions, to do, or cause to be done, all things nceessary to affect the apprehension or re (1). A Convention dated 26th March, 1877, was signed with the Orange Free State for the mutual surrender of fugitive criminals, see Government Notice No. 68, 29th March, 1877, but no legislation in Orange Free State Volksraad ratifying this Convention, consequently this Ordinance would appear to have lapsed. [Repealed since the above was written by Cape Act No. 22 of 1882.] capture of the person so accused, and to commit such person to gaol, there to remain until delivered up to justice. No. 2-1877. into Province tion, be delivered III. In case requisition shall at any time be made by the Persons escaping Government of the South African Republic or by the Gov- may, on requisiernment of the Orange Free State to deliver up to justice any up. person, who being charged with any of the crimes specified in the Schedule hereto committed within the jurisdiction of the said South African Republic or of the said Orange Free State, shall be found within this Province, it shall be lawful for the Governor, if he shall think fit but not otherwise by warrant under his hand and seal, to signify that such requisition has been made, and to require the resident magistrates and justices of the peace, and other officers of justice within their several and respective jurisdictions to govern themselves accordingly, and to aid in apprehending the person so accused, and committing such person to gaol for the purpose of being delivered up to justice, and thereupon it shall be lawful for any resident magistrate or justice of the peace in the Province to examine, upon oath, any person or persons touching the truth of such charge and upon such evidence as according to the law of this Province would justify the apprehension and committal for trial of the person so charged, if the crime or offence with which he or she shall be so charged had been committed within this Province, to issue his warrant for the apprehension of such person, and also to commit such person to gaol, there to remain until delivered up pursuant to such requisition as aforesaid. served. IV. Provided, always, that in every case copies of the Forms to be obdeposition or depositions upon which the original warrant for the apprehension of the offender issued by the magistrate or other authority in the South African Republic or the Orange Free State, as the case may be, was granted, certified under the hand and seal of office of the officer of the said South African Republic or Orange Free State, as the case may be, making such requisition, may be received in evidence of the criminality of the person so apprehended. ernor in case of V. Upon the certificate of such resident magistrate or Powers of Govjustice of the peace that such supposed offender has been escaped prisoner committed to gaol, it shall be lawful for the Governor by warrant under his hand and seal, to order the person so committed as in the third section hereof provided to be delivered to such person or persons as shall be authorized by any warrant under the hand of the officer of the said South African Republic or the said Orange Free State, as the case may be, making such requisition as aforesaid, to receive the person so committed, and to convey such person to the border of the said Republic or Free State, and such person shall be བའི 1::ཀྱང དུ : :་ 2 No. 2-1877. delivered up accordingly: And it shall be lawful for the person or persons authorized as aforesaid, to hold such person in custody, and take him or her to the border of the said South African Republic or Orange Free State, as the case may be, and if the person so accused shall escape out of any such custody to which he or she shall be delivered as aforesaid, it shall be lawful to retake such person in the same manner as any person accused of the like crime within this Province may be retaken upon an escape. Prisoner not de livered up within apply for discharge. VI. Where any person who shall have been committed two months may under this law to remain until delivered up pursuant to requisition as aforesaid, shall not be delivered up pursuant thereto, and conveyed out of this Province within two calendar months after such committal, it shall in every case be lawful for the High Court of this Province, or any Circuit Court, or for the Recorder, upon application made to him, by or on behalf of any person so committed and upon proof made to such Court or Judge, that reasonable notice of the intention to make such application has been given to the AttorneyGeneral, to order the person so committed to be discharged out of custody unless sufficient cause shall be shewn to such court or judge, why such discharge ought not to be ordered. Person surrendered not to be but an Extradition crime. VII. It shall not be lawful for the Governor of Griquatriable for any land West to enter into any Extradition Convention with any State or Government which does not stipulate that when and as often as any person shall have been surrendered by any Government to another, such person shall not, until he has been restored or had an opportunity of returning to the territory whence he was surrendered, be triable or tried for any offence committed in the other territory prior to the surrender other than an Extradition crime or offence within the provisions of this Ordinance. Exemption by lapse of time. Person to surrendered demand. be VIII. The surrender shall not take place if, since the commission of the Acts charged, the accusation, or the conviction, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the territory where the accused shall have taken refuge. IX. If the person claimed by any Government should State earliest in be also claimed by one or several other Governments, on account of other crimes committed upon their respective territories, his surrender shall be granted to that State whose demand is earliest in date; unless any other arrangement be made between the Governments claiming such person, either on account of the gravity of the crimes committed or for any other reason. When X. If the person claimed should be under prosecution or or condemned by any Court in the territory wherein such person person claimed is under prosecution condemned. |