No, 14-1879. Pay at the rate of 68. a day to each mounted volunteer and 3s. a day to each foot volunteer for each day of attendance at drill, as defined by Clause 9 of Ordinance No. 9 of 1876, not exceeding ten days in any one year. During actual military service each volunteer shall be entitled to the following rate of pay per diem: RANK. Lieutenant-Colonel Major £ S. d. Captain 1 10 0 0 15 0 0 11 0 0 2 0 extra. 0 9 0 080 0 7 6 Corporal Trooper Gunner 0 7 0 0 6 0 050 050 050 Private When on continous duty in camp (Kimberley) the following allowance will be made in lieu of rations, viz: Allowance for private horse 2s. 6d. per diem for both officers and men. Ammuntion at the rate of fifty rounds of ball, and fifty rounds of blank cartridge per [This Ordinance was not resented to by the Administrator the Governor or Her Majesty, and is therefore not in force.] No. 15, 1879.-Signed J. P. DE WET.] [26 Nov., 1879. Ordinance to declare the applicability to the Du Toit's Pan Mine and Bultfontein Digging of a certain portion of the Rules and Regulations contained in the Schedule to Ordinance 10 of 1874, from the date of the promulgation of the said Ordinance, and to continue the same in force. WHEREAS the Du Toit's Pan Mine and Bultfontein Digging have heretofore been governed by certain general rules and regulations contained in the Schedule annexed to a certain Ordinance passed in the year 1874, for the purpose of providing more effectually for the working of diggings and mines in the Province of Griqualand West, known as Ordinance 10 of the year 1874, and it is contended that the aforesaid rules and regulations do not apply to the said mine and digging, in consequence whereof certain claimholders decline to pay rates levied by the Mining Board at Du Toit's Pan and the Inspector of Claims at Bultfontein, and refuse, moreover, to obey orders and to perform divers acts necessary to be carried out for the safety, order, and good working of the said mine and digging, whereby digging operations thereon are greatly hindered and impeded, and whereas it is desirable to remove all doubts as to the legality of the various acts heretofore performed under certain of the said rules and regulations, and to continue the same in force. Be it therefore enacted by the Administrator of the Province No. 15-1879. of Griqualand West, by and with the advice and consent of the Legislative Council thereof: I. Subject to the provisions contained in Section II of this Ordinance such of the general rules and regulations contained in the Schedule to Ordinance 10 of the year 1874, and of any (1) alterations and amendments from time to time made thereto, as relate to Mining Boards and the duties of the Engineer or Surveyor at a Mine, or the Inspector or Overseer at a Digging, in so far as the same do not conflict with any private rights, are hereby deemed to have been in force in respect of the Dutoitspan Mine and Bultfontein Digging, from the dates of the coming into operation of the aforesaid Ordinance and the promulgation of such alterations and amendments as aforesaid respectively; and are hereby declared to be and to remain in force until the same shall have been cancelled, altered, or amended in so far as they relate to the said Mine and Digging; and all rates and bye-laws bonafide levied, or passed, from the date of the coming into effect of the said Ordinance, or which may during the continuance of this Ordinance be bona fide levied, or passed, as well as all notices and acts bona fide served, done, and performed by the various Mining Boards, Officers, and other persons from time to time acting under such rules and regulations, or which may, during the continuance of this Ordinance, be bona fide served done or performed thereunder shall in so far as such Bye-laws, notices or acts, do not conflict with such private rights as aforesaid, be as valid and effectual as if such rules and regulations had been expressly enacted in respect of the said mine and digging; and so long as this ordinance shall remain in force it shall not be competent for any company, person or persons in any action brought against him or them for nonpayment of rates or in any proceedings of whatever nature taken against him or them under the provisions of such rules and regulations (whether such rates or proceedings have already been or may hereafter be levied or taken) to raise the question as to whether such rules and regulations do or do not apply to the said mine and digging, or to either of them. II.-Nothing in this Ordinance contained shall be construed as to prejudice the rights or matters contested in any action at present pending in the High Court of this Province between the Proprietors of the said Dutoitspan Mine and Bultfontein Digging and the Government of this Province; or the rights and matters to be contested in any future action which may be instituted in the said High Court between the aforesaid Proprietors and the Claimholders in the said Mine (1) See Proclamation No. 8, 30th September-Appendix. No. 16-1879. and Digging relating to the amount of licence money, rent, or royalty payable by such Claimholders to the said Proprietors in respect of the right to search for diamonds in the said Mine and Digging, or to the right (if any) to be enjoyed by such Claimholders in respect of depositing sites, areas, wells, and other matters; or between the aforesaid Proprietors and the Government of this Province, relating to such rights and matters as aforesaid, or to the right of the Crown to the minerals and precious stones in the Bultfontein Digging; and in any proceeding between the said parties or Government in reference to the rights and matters aforesaid, it shall not be lawful to plead, or give in evidence, the provisions of this Ordinance. Preamble. Ordinances repealed. Proclamations repealed. [Promulgated by Government Notice, No. 222, 27th November, 1879. Assented to by His Excellency the Governor-see Government Notice, No. 229, 22nd December, 1879. No. 16 of 1879.-Sd. J. P. de Wet.] [December 3rd, 1879. W I. From and after the commencement and taking effect (1) Whenever the words "this Ordinance" are used, they shall be construed as referring to this Ordinance as altered and amended by Ordinance No. 19-1880. Vide Sec. 14 of that Ordinance. Enactment of whatever nature as is repugnant to or incon- No. 16-1879. sistent with any of the provisions of this Ordinance shall be, and the same are, hereby rescinded and repealed: Provided, always, that all licenses granted before the promulgation of this Ordinance shall remain valid: Provided, also, that the holders of licenses in force at the date of the promulgation thereof, shall be deemed and taken to be entitled to all benefits hereby conferred and liable to all obligations imposed: Provided, also, that in no case shall the Government be bound to refund any money paid on account of licence or otherwise before the promulgation hereof, save in respect of any period subsequent to the 1st January, 1880. by Distributor of of terms "in ors. "mal liquor," " spir II. It shall and may be lawful for Distributors of Stamps Grant of licenses in the several districts of this Province respectively, and they stamps. are hereby required to grant in manner and form as hereinafter provided, to such persons residing within their respective districts as shall make such applications and comply with such regulations as are respectively hereinafter in that behalf mentioned and set forth, licences authorizing the sale of intoxicating liquors: Provided, that the term intoxicating Interpretation liquors shall be taken to mean wines, spirituous, and malt toxicating liqu liquors: And, provided, that the term "malt liquor" shall for the purpose of this Ordinance, include all beer made from its." sugar or molasses not being ginger beer or spruce beer: Provided, further, that the term spirits" shall include all liquors commonly callled liquors: And provided, further, that ginger beer and spruce beer may be sold without taking out any licence: And provided, also, that if any vendor of ginger beer, spruce beer, sodawater, or the like drinks, not being duly licenced to sell wines and spirits, shall supply wines or spirits to mix or to be taken with such drink he shall be deemed to have sold such wine or spirit in contravention of this Ordinance. 66 III. Every such licence as is in the last preceding section Nature of licence mentioned, shall be either a wholesale licence or a retail licence. IV. The said licences respectively shall in form correspond Form of licence. with the forms thereof respectively in the schedule to this Ordinance in that behalf set forth. able under V. From and after the promulgation of this Ordinance it Quantities saleshall and may be lawful for any person who shall have taken out wholesale licence any wholesale licence as aforesaid, to sell spirits in quantities not less than five imperial gallons or one unbroken case, and wines or malt liquors in quantities of such articles respectively, if in cask not less than nine imperial gallons, and if in bottle, not less than eight imperial gallons or one unbroken case. retail licence. VI. From and after the promulgation of this Ordinance, Quantities under it shall and may be lawful for any person who shall take out No. 16-1879. or shall have taken out any retail licence as aforesaid, to sell any wines, spirituous, or malt liquors in any quantities, whether wholesale or retail. Mode of obtaining wholesale licence. VII. It shall and may be lawful for any person desirous of taking out such a wholesale licence as aforesaid, to authorize the sale in wholesale quantities within the limits of any town or village, which shall be either a municipality or the seat of a Court of Resident Magistrate, of any of the liquors in the second section of this Ordinance mentioned, to apply for the same to the Distributor of Stamps herein before authorized and required to grant the same, who shall thereupon grant the same accordingly: Provided, that every such distributor shall with all convenient speed transmit to the Colonial Office in Kimberley, the name of every person receiving any such wholesale licence, the place or premises where the licenced dealings is to be carried on, and the date of issuing of such licence, in order that such particulars may be pubPublication in lished in the Government Gazette: And provided, also, that the limits of every town or village as aforesaid, which shall be a municipality, shall be deemed to be the municipal limits for the time being, and that the limits of every other such town or village shall be deemed to be a circle of two miles in diameter, having the court-room of the Resident Magistrate's Court for its centre. Government Ga zette. Lodgingand eating-house, &c. VIII. Lodging-houses, eating-houses, or other places of accommodation, entertainment or refreshment, at which any wines, spirituous liquors or malt liquors are supplied on the premises to inmates or others, and charged or paid for either directly or indirectly, and as part of the board or lodging to be provided or otherwise, shall be treated and considered as houses or places requiring that the persons keeping the same respectively should take out the retail licence aforesaid. Application for IX. Every person desirous of taking out any such wholebeyond limits of sale licence as aforesaid, to authorize the sale in wholesale towns and villa- quantities beyond the limits of any such town, village, or wholesale licence ges. place as aforesaid of any of the liquor aforesaid, or desirous of taking out such retail licence as aforesaid, shall on or before the second Monday in the month of February and August in each year make an application in writing to the Resident Magistrate of the district in which he resides, setting forth the nature or description of licence required, and specifying the place or premises where the calling or business to be authorized by every such licence, is intended to be carried Or for retail on: Provided, also, that no retail licence shall be granted for the sale of wines or spirituous or malt liquors at any place more than six miles from the seat of a Resident Magistrate, not being a town or village, unless the applicant for every such licence shall undertake to keep reasonable accommodation licence. |