No. 5-1879. No. 5, 1879.-Sd. Charles Warren.] Preamble. Short Title. Penalties. On a first conviction. On a second conviction. On a third or subsequent conviction. Offender to for feit fish, or [Feb. 11th, 1879 Ordinance to prohibit the use of Dynamite, or other Explosives, for the purpose of catching or destroying Fish in Rivers, Lakes, Dams, Reservoirs, or Tributary Streams connected therewith within this Province. W HEREAS it is expedient to provide for the protection of Fish within this Province: Be it enacted by the Administrator of the Province of Griqualand West, by and with the consent of the Legislative Council thereof, as follows: I. This Act may be cited as the "Fish Preservation Act, 1879." II. Any person who uses Dynamite, or any other explosive substance, to catch or destroy Fish in any river, lake, dam, reservoir, or tributary stream connected with any such river, lake, dam or reservoir, whether public or private, within the Province, shall be liable on conviction :: 1.-Either to a fine not exceeding £10, and in default of payment to one month's imprisonment, or, in the discretion of the Court, to be imprisoned, with or without hard labour, for a term not exceeding two months. 2.-On a second conviction to a fine not exceeding £20, and in default of payment to two months' imprisonment, or to a term of imprisonment, with or without hard labour, not exceeding four months. 3.-On a third or subsequent conviction to a fine not exceeding £50, and in default of payment to six months' imprisonment, or to a term of imprisonment, with or without hard labour, not exceeding nine months. III. Any person convicted under this Ordinance shall, money derived in addition to the foregoing, forfeit all Fish so caught or destroyed, and any monies arising from the sale or disposal of the same. from sale of same. Where offender is to be brought to trial. Magistrate's powers. IV. Any person charged with contravening this Ordinance shall be brought to trial, at the discretion of the prosecution, either before the Resident Magistrate of the District in which the offence is alleged to have been committed, or before the Resident Magistrate whose seat of magistracy is nearest to the place where such offence is alleged to have been committed, and who shall have jurisdiction to try any such offence; and immediately upon conviction the Resident Magistrate may issue his warrant for the recovery of such fine as has been inflicted by him, and may also make such order as to the matters and things con No. 6-1879. tained in Clause III. of this Ordinance as may to him seem [Promulgated and assented to by the Government Notice 119, 3rd July, 1879. Her Majesty--see Government Notice No. tember, 1879. Governor-see Assented to by 184, 9th Sep No. 6 of 1879-Sd. CHARLES WARREN.] [3rd March, 1879. Ordinance to facilitate the Trial of certain Offences within the district of Kimberley. WHEREAS it is expedient that an additional Magis- Preamble. trate should be appointed for the district of Kimberley, for the purpose of facilitating the trial of certain offences. within the said district: Be it enacted by the Administrator of Griqualand West, with the advice and consent of the Legislative Council thereof, as follows: Police Magis I. It shall and may be lawful for the Governor to appoint Appointment of some fit and proper person to be called the Police Magistrate trate. of Kimberley, who shall be an Assistant Resident Magistrate in and for the said district, and to pay to such Magistrate such salary and such allowances from the general revenue of the Province as he may deem fair and reasonable. II. Such Police Magistrate shall be appointed in the How appointed. manner provided for by the Resident Magistrates Court Act of the Cape Colony (Act 20 of 1856). Police of Magis III. The Police Magistrate to be appointed by this Act Jurisdiction shall, as soon as he shall have taken the oaths of office, have trate. jurisdiction, save as hereinafter mentioned, in all cases of crimes or offences, whenever any person may be accused of any crime or offence not punishable by death, transportation, or banishment from this Province, and he shall have as full and ample power and authority over the same as is now exercised by the Resident Magistrate of Kimberley and all the provisions of any law, Act or Ordinance relating to Resident Magistrates in force in this Province, not only with regard to their duties and authority, the taking preliminary examinations, mode of procedure and right of appeal, but also in all and every respect shall, mutatis mutandis, be held to be applicable to such Police Magistrate, and the Court presided No. 5-1879. What offences uot cognizable over by him as if he and it were specially named in any such law Act or Ordinance. IV. The various offences in the Schedule mentioned, inbefore Police cluding attempt to commit such offences as also charges of Magistrate. contravening the Ordinances therein set forth, shall not, save as hereinafter mentioned, be cognizable before such Police Magistrate, but such offences and charges shall be tried before the Resident Magistrate of Kimberley as heretofore. Police Magis- V. It shall, moreover, be the duty of such Police Magistrate to say trate to stay proceedings instituted before him against any der certain cir- person charged with any of the following offences under the proceedings un cumstances. to transfer trial from Police to trate. following circumstances, and to cause such person to be brought before the Resident Magistrate in the usual manner for the purpose of being charged with such offence:-1. Persons charged with (a) Assault, (b) Robbery, in cases where a knife or other dangerous weapon has been used or danger to life is apprehended. 2. Theft by means of (a) embezzlement, (b) false pretences, or (c) where the property stolen exceeds £10 in value. Attorney Gene- VI. Nothing in this Ordinance contained shall prevent ral to have power the Attorney-General, by writing under his hand, from of certain cazes causing, and he is hereby authorized to cause, any person Resident Magis. charged with the commission of any crime not included in the Schedule to this Ordinance to be brought before the Resident Magistrate, either for the purpose of taking a preliminary examination or for trial, instead of before such Police Magistrate, and it shall, moreover be lawful for him, in such manner as aforesaid, to stay any proceedings instituted before such Police Magistrate against any such person as aforesaid, and to remit such person to the Resident Magistrate for the purpose of taking a preliminary examination or for trial, as may appear desirable, and in such case the proceedings before the Resident Magistrate shall be commenced de Offender not object to juris gistrate. novo. VII. It shall not be competent for any person, after competent to having been convicted of any crime or offence by either one diction of Ma- of the said Magistrates, to object to the jurisdiction of either of such Magistrates, or to any process, proceeding, or act issued, taken, or performed during any of such proceedings prior to conviction (so long as such process, proceeding or act is one which any Resident Magistrate is by law authorized to issue, take or perform) merely upon the ground that such crime or offence should properly have been tried before the other of such Magistrates. Proceedings VIII. All criminal proceedings that at the date of the commenced be- coming into effect of this Ordinance shall have been comfore this Ordi- menced within the district of Kimberley shall be prosecuted ⚫nance, to their final end and determination before the Resident No. 7-1879. Magistrate of Kimberley, as if this Ordinance had never been passed. IX. From and after the taking effect of this Ordinance It quests. as often as in the Inquest Act 1875 made applicable to this Province by virtue of the provisions of Ordinance No. 4 of the year 1876, the words "Resident Magistrate" occur, the following words "or such Police Magistrate or such Police Magistrate" shall be read as if added to and immediately following the said words. X. This Ordinance may be cited for all purposes as short title. "The Police Magistrate's Act 1879." SCHEDULE. Abortion, affray, arson, bigamy, bribery, common schedule. offences relating to compounding offences, conspiracy, forgery, homicide, libel, murder, perjury, rape, sedition, treason, contravention of the following ordinances: Gunpowder Ordinance; Proclamation suppressing Gambling; sections 15 and 17of Proclamation 14 of 1872 relating to Masters and Servants; Ordinance 10 of 1874; the Diamond Trade Ordinance No. 4, 1877; Ordinance 9 of 1877. [Promulgated by Government Notice No. 42, 4th March, 1879. Assented to by the Governor-see Government Notice No. 127, 10th July, 1879. Assented to by Her Majesty-sce Government Notice No. 186, 12th September, 1879.] No.7 (1) of 1879-Sd. CHARLES WARREN.] [7th March, 1879 W Ordinance to incorporate the Griqualand West Railway Company (Limited). HEREAS it is desirable and expedient that a Company should be formed and incorporated for the purpose of Constructing, Maintaining and Working a Line of Railway between Kimberley and a certain point on the Vaal River; and for Working a Telegraph along the said Line: And whereas certain steps have already been taken by the appointment of a Provisional Committee, and the subscription of a fund considered sufficient to defray preliminary expenses towards the promotion of this object: And whereas it is desirable that the liability of Shareholders in the said Company should be limited to the amount of their respective shares: 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: I. The several persons who are, or shall become Shareholders in the said Company, their respective Executors, Administrators, Successors, and Assigns, shall be, and are hereby constituted, a body corporate under the name and title of "The Griqualand West Railway Company (Limited)," for the purpose of constructing and working a Railway, and erecting and working a line of Telegraph along the line thereof, from and between Kimberley and a certain point on the Vaal River, and the Company hereby incorporated by the name aforesaid, shall have perpetual succession and a common seal, and by such name shall and may, from time to time, sue and be sued, implead and be impleaded, answer and be answered in any competent Court, and shall have power to take, purchase, and hold Lands, Buildings, Hereditaments, and Possessions, and also all other Puostes Chattels, or Effects whatsoever, as may be from time to time necessary for carrying out the various purposes for which this Company is hereby incorporated, and such Lands or other Property, subject to any engagements affecting the same, shall be vested in the Company by its corporate name, and without the necessity of each individual Shareholder being mentioned in the Deed or Deeds of Transfer, Grant or Grants, or Conveyances thereof. (1). Disallowed. Not in force. No. 7--1972. II. The Capital of the Company shall be Three Hundred Thousand Pounds, in Three Thousand Shares of £100 each, such Shares shall be numbered in arithmetical progression, beginning with number one, and each Share shall be distinguished by its appropriate number. III. Subscription Lists for shares in the above Company shall be opened and headed in Kimberley and London as follows:-" We, whose names are hereunder written, hereby agree with each other to become Shareholders in The Griqualand West Railway and Water Company (Limited)' incorporated by Act of Parliament, and to take, each of us, the number of Shares set opposite our respective names, in terms of our written applica tion." And every such list shall be signed by the Shareholder himself or by his lawfully appointed Attorney; and all such lists shall be preserved by the Directors of the said Company or some person or persons by it thereto authorized; and the Shareholders signing such lists shall, from that time, be bound to each other for the due fulfilment of the several obligations by this Act imposed upon the Shareholders in the said Company, as fully and amply as if every Shareholder had executed a trust deed, containing all and singular the provisions and stipulations of this Act. IV. No more than one hundred pounds, in all, shall be due and payable in respect of any share in the said Company, and the liability of any Shareholder shall be, and is hereby, limited to the payment of that amount on each of the shares held by him, in instalments as hereinafter mentioned. V. The amount of the shares in the said Company shall be paid in manner following, namely:-one pound per share in cash, on allotment; four pounds per share three months after allotment; and the balance in such manner and by such instalments as the Directors for the time being may, by notice in the London Gazette and one or more daily papers, from time to time direct: Provided, however, that no money shall be payable in respect of any such balance before the expiration of three months after the publication of such notice: And provided, also, that no Shareholder, domiciled in Griqualand West, shall be liable to pay any call in respect of such balance until three months after the notice, hereinbefore directed to be published in the London Gazette and other papers, shall have been republished in the Griqualand West Government or Official Gazette, and also in one or more papers published in Griqualand West. VI. If at any time appointed for the payment of any call as aforesaid, any Shareholder shall fail to pay such call, it shall be lawful for the Company to sue such Shareholder for the amount thereof in any Court having competent jurisdiction, and to recover the same, with interest at the rate of 6 per centum per annum from the day on which such call shall become due and payable, and any person who shall become the holder of any share or shares, as guardian or trustee for any minor, shall be personally liable to pay any calls or claims which may accrue on account thereof, as long as the person for whom he shall hold the same shall remain under age. VII. If any Shareholder shall fail to pay any call payable as aforesaid within one month from the time appointed for the payment of such call, the Directors may at a Meeting duly convened by a resolution in writing, signed by not less than twenty-five of their number, declare such share or shares forfeited, whether the Company shall have sued for the amount of such share or not; and the said Directors may forthwith dispose of them to any person or persons, and, if needful, issue fresh Certificates of Shares to the person or persons purchasing such forfeited shares. VIII. As soon as half the shares in the said Company shall have been subscribed for, and a quarter of such Capital in respect of such Shares shall have been paid up, it shall be lawful for the Shareholders at a special Meeting, to be holden at Kimberley (which Meeting shall be convened by notice signed by not less than three Shareholders, and which notice shall be published in all the newspapers published at Kimberley), to pass a special resolution authorizing a certain number of persons (not exceeding three in number), each of whom shall be the holder of not less than ten shares in the Company, to form themselves into a Provisional Committee, and the said Provisional Committee is hereby authorized up to the notification to them of the appointment of Directors in their stead as hereinafter mentioned to do and perform on behalf of the Company all such acts, matters, and things as the said Company is by this Ordinance authorized to do and perform, and the said Company shall be bound by all the acts of the said Committee to the same extent as if the Directors subsequently appointed had expressly authorised and directed the same. IX. The said Provisional Committee shall be elected by a majority of Shareholders present at the said meeting, and in the manner, and according to the scale as is hereinafter provided, for the election of Directors of the said Company. The Shareholders present at the said meeting shall moreover fix a day on which the first General Meeting of the Company shall be held, such General Meeting not to be at a greater distance of time than Six Months from the date of the said meeting; and the Provisional Committee shall hold office until the notification to them of the election of Directors, as is hereinafter mentioned. X. On the day fixed by the resolution of Shareholders, in the last Section mentioned, a General Meeting of the shareholders of the said Company shall be held in London, at which meeting it shall be necessary to appoint Directors, in number not less than five or more than nine, in lieu of the Provisional Committee; and the affairs of the Company and its general control and management shall be thenceforth vested in the said Directors, who shall forthwith notify their appointment to the Provisional Committee of Kimberley, and upon the receipt of such notification the functions of the said Committee shall cease and determine, and they shall vest in the said Directors, who shall continue in office until the date of the Annual General Meeting, hereinafter mentioned; Provided always that no person shall be competent to be a Director of the said Company who shall not possess, in his own right, fifty shares in the Stock of the said Company. XI. At the General Meeting, in the last Section mentioned, the Shareholders present shall fix a day upon which the General Annual Meeting of the Company shall thereafter be held, and at such General Meeting, or at any subsequent General Annual or Special |