No. 2-1880. No. 2 of 1880.-Sd. J. Rose Innes.] Preamble. "Army Discip lation Act," sub and Articles of War." [Feb. 24th, 1880. Ordinance to substitute the "Army Discipline and Regulation (commencement) Act, 1879," for the Imperial statute known as "The Mutiny Act and Articles of War," whereever the same is referred to in the Ordinances of the Province. W HEREAS an Imperial Statute has been passed in the Session of the Imperial Parliament for the year 1879, entituled "The Army Discipline and Regulation (commencement) Act, 1879, in the place and stead of the Imperial Statute known as "The Mutiny Act and Articles of War." And whereas it is expedient that the said "Army Discipline and Regulation (commencement) Act, 1879," should be substituted for the said "Mutiny Act and Articles of War," wherever reference is made to the same in the various Ordinances or Regulations relating to the Volunteer and other Forces of this Province. Be it therefore enacted by the Administrator of the Province of Griqualand West, by and with the advice and and consent of the Legislative Council thereof, as follows: I. Any reference in any Ordinance or Regulation, reline and Regulating to the Volunteer or other Forces of the Province, stituted for to the said "Mutiny Act and Articles of War" shall from Mutiny Act and after the pro nulgation of this Ordinance be deemed to refer to the corresponding provisions of the said "Army Discipline and Regulation (commencement) Act, 1879," or of such other "Army Discipline and Regulation Act," as for the time being shall be in force in the United Kingdom. [Assented to by the Governor, see Government Notice, No. 80, 18th May, 1880. Not confirmed by Her Majesty. The Secretary of State in a despatch, No. 18, dated 19th July, 1880, pointed out certain errors in the Ordinance, and suggested its repeal and re-enactment in an amended form.] No. 3 of 1880.-Sd. J. Rose Innes.] [March 23, 1880. Ordinance to provide for the Registration of Births and Deaths within the Province of Griqualand West. WHEREAS it is expedient to provide for a Registration of the Births and Deaths Majesty's Subjects within the Province of Griqualand West: Be it thereore enacted by the Admistrator of the Province of Griqualand West, by and with the advice and consent of the Legislative Council thereof, as follows:- I. It shall and may be lawful for the Governor, by Proclamation under his hand, to proclaim such districts or portions of the Province as to him may seem meet to be subject to the provisions of this Ordinance, and it shall be lawful for the Governor upon the issue of any such proclamation, to provide proper offices in each of such districts for keeping a register of all Births and Deaths of the inhabitants thereof, and to appoint such officers as he shall deem fit to such offices; and to attach such salaries to the said offices as to him shall seem meet. II. The several registering Officers within such districts shall, as soon as coveniently may be after the 31st day of December in every year send to the Colonial Secretary at Kimberley, a general abstract of the water of Births and Deaths registered during the foregoing year in their respective districts, in such form as the said Colonial Secretary from time to time shall require; and every such annual general abstract shall be laid before the Legislative Council of the Province. III. Each registering Officer shall keep, or cause to be kept in his Office, a Register Book for making entries of all Births and Deaths of the inabitants of such districts, according to the forms of Schedules A and B to this Ordinance annexed. IV. From and after the 1st day of May next the father or mother of any child born, or the occupier of every house or tenement within any such district, in which any Birth or Death shall happen, shall within 30 days after the day of such birth, or within 30 days after the day of such death respectively, give notice of such birth or death to the registering Officer of the District; and in case any newborn child, or any dead body shall be found exposed, the Inspector of Police or any Police Constable, or the Field Cornet or any Justice of the Peace, shall forthwith give notice and information thereof, and of the place where such child or dead body was found, to the registering Officer of the District; and for the purposes of this Ordinance the Master, Keeper, or Superintendent of every Gaol, Prison, Hospital or Lunatic Asylnm, or public or charitable institution shall be deemed the occupier thereof. V. The Father or Mother of every child born in the Province after the said 1st day of May next, or in case of the death illness, absence or inability of the Father and Mother, the occupier of the house or tenement in which such child shall have been born, shall within 30 days next after the day of every such birth give information to the said registering officer according to the best of his or her knowledge and belief, of the several particulars required to be registered touching the birth of such child; subject in case of a refusal to give such information, to a fine not exceeding £20. VI. After the expiration of 30 days following the day of the birth of any child, it shall not be lawful for any registering officer to register such birth save as hereinafter is next mentioned; provided that, in case the birth of any child shall not have been registered according to the Provisions hereinbefore contained, it shall be lawful for any person present at the birth of such child, or for the Father or guardian thereof, at any time within six Calendar months next after the birth, to make a solemn declaration of the particulars required to be known touching the birth of such child according to the best of his or her knowledge and belief, and it shall thereupon be lawful for the said Registering Officer then and there to register the birth of the said child according to the information of the person making the said declaration; and in every such case the Registering Officer, before whom the said declaration is made shall sign the entry of the birth and for every such registry as last aforesaid the Registering Officer shall be entitled to have a fee of five shillings from the person requiring the same to be registered. VII. After the expiration of six Calendar months following the birth of any child, it shall not be lawful for any Registering Officer to Register the birth of such child, and no register of birth shall be given in evidence to prove the birth of any child, wherein it shall appear that six Calendar Months have intervened between the day of the birth and the day of the Registration of the birth of such child; and every person who shall knowingly register or cause to be registered the birth of any child after the expiration of six Calendar months following the day of the birth of such child shall forfeit and pay for every such offence a sum not exceeding £10. VIII. Some person present at the death, or in attendance during the illness of every person dying in any such district after the 1st day of May next, or in case of the death, illness, inability, or default of all such persons, the occupier of the house or tenement, or if the occupier be the person who shall have died, some inmate of the house or tenement in which such death shall have happened, shall within 48 hours of the time of such death, give information to the registering officer of the District according to the best of his or her knowledge and belief, of the several particulars hereby required to be known and registered touching the death of such persons: Provided always that such registering officer shall in each case be furnished with a certificate from a properly qualified medical man (where such is procurable), stating the cause of death as in schedule B required: Provided always, that in every case in which an inquest shall be held on any dead body the officer holding such inquest shall inquire of the particulars herein required to be registered concerning the death, and shall forthwith inform the Registering Officer of the district of his finding, and the Registering Officer shall make the entry accordingly. IX. Every Registering Officer, immediately upon registering any death, or as soon thereafter as he shall be required so to do, shall without fee or reward, deliver to the undertaker, or other person having charge of the funeral, a certificate under his hand, according to the form of the Schedule in that behalf to this Ordinance annexed, that such death has been duly registered, and such certificate shall be delivered by such undertaker, or other person, to the minister or officiating person who shall be required to bury or perform any religious service for the burial of the dead body, and if any dead body shall be buried in any such district for which no such certificate shall have been so delivered, the person who shall bury or perform any funeral or any religious service for the burial shall forthwith give notice thereof to the Registering Officer of the district: Provided always that the officer holding any inquest may order the body to be buried, if he shall think fit, before registry of death, and shall in such case give a certificate of his order in writing under his hand, according to the form of the Schedule in that behalf to this Ordinance annexed, to such undertaker or other person having charge of the funeral, which shall be delivered as aforesaid: and every person who shall bury or perform any funeral or any religious service for the the burial of any dead body for which no certificate shall have been duly made and delivered as aforesaid, either by the registering officer of the division, or the officer holding such inquest, and who shall not within thirty days give notice thereof to the Registering Officer of the district, shall forfelt and pay any sum not exceeding £5 for every such offence. X. Every person by whom the information contained in any register of birth or death No. 3-1880. No. 3-1880. under this Ordinance shall have been given shall sign his name, description, and place of abode in the register; and no register of birth or death according to this Ordinance shall be given in evidence which shall not be signed by some person professing to be the informant and to be such party as is herein required to give such information to the Registering Officer of the District. XI Every Registering Officer shall make out an account four times in every year of the number of births and deaths which he shall have registered since the last quarterly account, according to the form of the Schedule C hereunto annexed and shall forward the same to the Colonial Secretary at Kimberley. XII. Every person who shall wilfully make or cause to be made for the purpose of being inserted in any register of birth or death any false statement touching any of the particulars herein required to be known and registered, shall be subject to the same pains and penalties as if he were guilty of perjury. XIII. Every person who shall falsely make or counterfeit, or cause to be falsely made or counterfeited, any part of any register book or certified copy thereof, or shall wilfully insert or cause to be inserted in any register book or certified copy thereof, any false entry of any birth or death, or shall wilfully give any false certificate, or shall certify any writing to be a copy or extract of any register book, knowing the same to be false in any part thereof, shall be liable to a fine not exceeding £50, or in default of payment to imprisonment with or without hard labour not exceeding six calendar months. XIV. Provided always that no person charged with the duty of registering any birth or death, who shall discover any error to have been committed in the form or substance of any snch entry, shall be therefore liable to any of the penalties aforesaid, if within 6 calendar months next after the discovery of such error, in the presence of the parents of the child whose birth may have been so registered, or of two persons attending upon any person in his or her last illness, whose death may have been so registered, or in case of the death or absence of the respective parties aforesaid, then in the presence of the Resident Magistrate of the District, and of two other credible witnesses who shall respectively attest the same, he shall correct the erroneous entry, according to the truth of the case, by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry, and add thereunto the day of the month and year when such correction shall be made. XV: All fines and penalties by this Ordinance imposed shall be recoverable before the Resident Magistrate of the District or place where the offence shall have happened, upon the information or complaint of any person. XVI. The word "Governor" shall be taken to mean the Governor, LieutenantGovernor, Administrator, or other Officer for the time being administering the government of this Province. XVII. This Ordinance may be cited for all purposes as "The Registration of Births and Deaths Ordinance, 1880." [For Schedules, &c., see pages 347 and 348.] I, John Cor, registering officer of Births and Deaths in the Division of do heret y certify that this is a true copy of the registering officer's book of Births, (or deaths) within the said Division, from the entry of the birth (or death) of William Strange, No. 34, to the entry of the birth (or death) of James Green, No. 70. Witness my hand this day of SCHEDULE D. I, John Cor, registering officer of Births and Deaths in the Division of 188 Witness my hand this day of SCHEDULE E. 188 John Cox, Registering Officer. I, James Smith, Resident Magistrate (or Field-cornet) for the Division of do hereby order the burial of the body now shown to me, the proper officer to hold the inquest, as the body of John Jones. Witness my hand this day of 188 James Smith, Resident Magistrate (or Field-cornet). N.B. The words and figures in italics in the above Schedules to be filled in as the case may be. Not [Assented to by the Governor. See Government Notice No. 157, 13th October, 1880 assented to by Her Majesty. A Despatch No. 71 dated 14th December, 1880, from the Secretary of State, suggested the Repeal of this Ordinance and the extension of the Cape Act on this subject to Griqualand West, but no action has as yet been taken to give effect to the recommendation.] No. 4 of 1880-Sd. J. ROSE INNES.] [March 24, 1880. (1) Ordinance to amend certain portions of the Ordinance No. 2 of 1876, entituled "An Ordinance to provide a more speedy method for the estreatment of Bail Bonds given by accused persons and their Sureties, and for other purposes." WHEREAS it is expedient that the Ordinance No. 2 of 1876, should be altered and Be it therefore enacted by the Administrator of the Province of Griqualand West, by and with the advice and consent of the Legislative Council thereof, as follows: I. This Ordinance may be cited for all purposes as the "Ordinance No. 2 of 1876, Amendment Ordinance, 1880." II. The fourth Section of the Ordinance No. 2 of 1876, intituled an "Ordinance to provide a more speedy method for the estreatment of Bail Bonds, given by accused persons and their sureties and for other purposes," and the Schedule annexed to the said Ordinance shall be, and the same are hereby repealed; and from and after the promulgation of this Ordinance the third Section and the Schedule hereof shall be substituted and read in lieu of the said fourth Section and Schedule respectively. III. It shall not be lawful for any person who shall have been arrested on a charge of Theft, Fraud, Embezzlement, Robbery, or of contravening any Section of Ordinance No. 4 of 1877, or who shall have been admitted to bail upon any of the above charges, to sell, transfer, hypothecate, pledge, or in any way alienate any property of which he shall have been possessed at the time of such arrest or of entering into such bond as aforesaid respectively, 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 Clerk of the Peace or Public Prosecutor in the one case, and for the Court or officer admitting such person to bail in the other, 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 person is to be tried or examined or has bound himself and is bound to appear; Provided, however, that it shall be lawful for the Presiding Judge or Magistrate before whom such accused person is to be tried or examined to order such portion of the proceeds of the property aforesaid as he shall deem fit to be set apart for the proper and lawful defence of such accused person in the Law Courts of the Province on the said charge. day SCHEDULE. on the Notice is hereby given in terms of Section 3 of Ordinance No. 4 of 1880, that was arrested (or "has been admitted to bail" as the case may be on a charge of day of 188 and that the said is to appear before the Court at on the 188 to answer to the said charge, 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, hypothecating, pledging or in any way alienating any property of which he may have been possessed at the time of such arrest, (or of entering into such bail bond" as the case may be) until he shall have appeared to answer to such charge, and have abided by the decision thereon according to law. (1) Promulgated by Government Notice No. 64, 21st April, 1880, but disallowed-see Proclamation (Cape) No. 28, 2nd February, 1881. |