No. 5 of 1880.-Sd. J. Rose Innes.] [March 24th, 1880. No. 5-1890. W HEREAS the Expenditure required for the service of Preamble. the Government of this Province for the year 1879 has been estimated at the sum of One Hundred and Fiftyfour Thousand and Seven Pounds and Fourteen Shillings. Be it enacted by the Administrator of this Province, with the advice and consent of the Legislative Council, as follows: Clause. I. That a sum not exceeding One Hundred and Fifty- Appropriation four Thousand and Seven Pounds and Fourteen Shillings sterling be charged upon the Revenue of this Province for the year 1879, and applied in the manner set forth in the Schedule of this Ordinance. SCHEDULE. For the Expenditure of the Civil Establishment a sum Schedule. not exceeding Fifty Eight Thousand Three Hundred and Eight Pounds Seventeen Shillings and Sixpence. For the Expenditure on account of Pensions and Gratuities a sum not exceeding Five Thousand Three Hundred and Thirty-one Pounds and Sixteen Shillings and Sixpence. For the Expenditure on account of Hospitals a sum not exceeding Two Thousand Eight Hundred and Eighty Pounds. For the Expenditure on account of Aborigines a sum not exceeding One Thousand Pounds. For the Expenditure on account of Administration of Justice a sum not exceeding Seven Thousand Two Hundred and Forty Pounds. For the Expenditure on account of Charitable Allowance a sum not exceeding Fifty Pounds. For the Expenditure on account of Constabulary a sum not exceeding Two Thousand Three Hundred Pounds. For the Expenditure on account of Gaols a sum not exceeding Seven Thousand Six Hundred Pounds. For the Expenditure on account of Rents a sum not exceeding Two Hundred and Seventy-three Pounds. For the Expenditure on account of Elections a sum not exceeding Fifty Pounds. For the Expenditure on account of Printing a sum not exceeding One Thousand Two Hundred Pounds. No. 5-1880. For the Expenditure on account of Stationery a sum not exceeding Five Hundred Pounds. For the Expenditure on account of Transport a sum not exceeding One Thousand Six Hundred and Fifty Pounds. For the Expenditure on account of Conveyance of Mails a sum not exceeding Eight Thousand Seven Hundred and Seventy-four Pounds. For the Expenditure on account of Sums Refunded a sum not exceeding Twenty-five Thousand Four Hundred Pounds. For the Expenditure on account of Public Works and Buildings a sum not exceeding Two Thousand One Hundred Pounds. For the Expenditure on account of Surveys a sum not exceeding Five Thousand Pounds. For the Expenditure on account of Miscellaneous Services a sum not exceeding Seven Hundred Pounds. For the Expenditure on account of Transmission of Telegrams a sum not exceeding One Hundred and Fifty Pounds. For the Expenditure on account of Volunteers a sum not exceeding Seven Hundred Pounds. For the Expenditure on account of Interest on Overdraft at the Standard Bank a sum not exceeding Three Thousand Pounds. For Expenditure on account of Crown Agents a sum not exceeding One Hundred Pounds. For the Expenditure on account of Fuel for Offices a sum not exceeding One Hundred Pounds. For the Expenditure on account of Public Gardens a sum not exceeding One Hundred Pounds. For the Expenditure on account of Interest on Overdraft Free State Claims a sum not exceeding Nine Thousand Pounds. For the Expenditure on account of Instalments on Payment of Removal of Troops a sum not exceeding Eight Thousand Pounds. For the Expenditure on account of the Peace Preservation Act a sum not exceeding One Thousand Five Hundred Pounds. For the Expenditure on account of Burghers a sum not exceeding One Thousand Pounds. [Promulgnted by Government Notice, No. 52, 12th April, 1880. Assented to by the Governor, see Government Notice, No. 79, 18th May, 1880. Confirmed by Her Majesty, see Government Notice, No. 143, 27th Sept., 1880.] No. 6 of 1880.-Sd. J. Rose Innes.] [1st Jnne, 1880. No. 6-1880 HEREAS it is expedient that claimholders in Mines Preamble. and Diggings on Crown Lands and on private properties in which the precious stones and minerals belong to the Crown should have more secure titles to their claims than heretofore : 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 : granted to hold dig on Crown I. It shall and may be lawful for the Officer adminis- Perpetual quittering the Government by Proclamation to fix a day from rent title to be and after which all persons holding licences to work in any ers of licences to Mine or Diggings situate on Crown Lands shall exchange Lands. such licences for a title deed, to be issued under the hand and seal of the Officer administering the Government, granting to the holder of such licence the property in the soil of the claim in perpetuity, and the right to search and take for his own benefit all precious stones and minerals that may be found therein, upon the payment in advance of a perpetual quitrent, reckoned at the rate of £6 per annum upon every claim, and in the like proportion upon every portion of a claim for which such title deed shall be granted. registered and II. Every such title deed shall be registered in the au- Title deed to be thorized Land Registry of the Province, and shall, so far as be similar to orapplicable, be subject to the same conditions, regulations, and dinary quit-rent charges, and have the same force and effect as an ordinary quitrent title. title. pothecation or III. Every mortgage, hypothecation or transfer of any Mortgage, hyclaim granted under the provisions of this Ordinance shall be transfer of claim registered in the Deeds Registry of this Province in the same to be registered. manner as is by law required in the case of any mortgage, hypothecation, or transfer of immoveable property, and be subject to like charges in that behalf. in advance and IV. The quitrent reserved upon every claim granted as Quitrentpayable aforesaid, shall be paid in perpetuity, and shall not be re- in perpetuity. deemable, and the amount payable by each grantee or transferee shall be embodied in and appear upon the face of every title deed, and such quitrent shall be due and payable in advance on the 1st of January in each and every year: and shall be recoverable in the same manner as is by law How recoverable provided for the recovery of ordinary quitrents due to Government in respect of lands held upon such tenure; provided First payments. that the first payment up to the end of the current year shall be due and payable on the publication in the Govern No. 6-1880. Transfer dues to feree. ment Gazette that such title is ready for issue, at the rate of Ten Shillings per claim, or portion of claim per month, or any portion of a month, of such unexpired year. V. All transfer dues shall be paid by the transferee; be paid by trans- and no transfer shall be issued until all licences or other monies due to Government in respect of such claim shall have been duly paid. Abandoned or VI. It shall be lawful for the Officer for the time derelict claims. being administering the Government of the Province by Proclamation to make such rules and regulations from time to time, relating to abandoned or derelict claims, as he may deem fit. Claimholder to undisturbed en mining VII. Every claimholder shall have the free and undishave free and turbed possession and enjoyment of all claims granted joyment subject to him under the provisions of this Ordinance, subject only lations regu to the provisions of the regulations and of the bye-laws which may from time to time be in force at the Mine or Claim required Digging in which such claims are situated; but in the event for public pur of any portion of a claim so granted being required for public purposes connected with the working of the Mine or Diggings such claim, or portion of a claim, may be taken for such purposes by the officer for the time being administering the Government: Provided always that compensation by purchase, arbitration, or otherwise, be made to the owner of the said claim. poses can taken on pensation. be com Lease to be gran holders on pri minerals belong VIII. It shall and may be lawful for the officer adted to claim- ministering the Government by proclamation to fix a day vate lands where from and after which all persons holding licenses to work in to Crown. any Mine or Diggings situate on private properties in which the precious stones and minerals belong to the Crown, shall exchange such licenses for a lease to be granted by the officer administering the Government for such a term, being not less than three years, and on such terms and subject to such Lease renewable condition, as to him shall seem fit: Provided that such lease at will of lessee. shall be renewable at the will of the lessee, and that the rent reserved shall not exceed the sum of £6 per annum upon every claim, and in the like proportion upon every portion of Subject to pri- a claim, so leased as aforesaid; and provided also that such lease shall be subject to, and shall not be construed or taken in any way to interfere with, the rights of the proprietors or owners of such private property. vate rights. Mining Boards to allot for machinery, &c. IX. The Mining Board shall, subject to the approval pace of the Inspector of Mines as to the safety of such site, allot to every claimholder who may desire it sufficient space on the edge of the Mine for the erection and maintenance of hauling and other machinery necessary for the working of such claims; and such machinery stands shall be subject to such bye-laws as the Mining Board may, with the approval of the No. 7-1880. Government, adopt, and shall not further be interfered with save and except by order of the Inspector for the protection of life and limb. X. Nothing in this Ordinance contained shall be Rights of owners taken or construed as affecting, or interfering with, the of private prorights of the proprietors or owners of private properties as aforesaid. perties. to 23, repealed XI. In every Mine or Digging in respect of which the ord. 10 of 1874, Proclamation in the first and eighth clauses of this Ordi- Sec. 1, clauses 1 nance provided for, has been issued, the present existing in certain cases. rules and regulations contained in the Schedule to Ordinance No. 10 of 1874, under Section I, and numbered 1 to 23 inclusive, shall be and they are hereby repealed. XII. This Ordinance may be cited for all purposes short title. as "The Fixity of Tenure (Mines and Diggings) Ördinance, 1880." [Assented to by His Excellency the Governor, see Government Notice, No. 124, 19th August, 1880. Assented to by Her Majesty, see Cape Government Notice, No. 33, 10th January, 1881.] [No. 7 (1) of 1880.-Sd. J. Rose Innes.] [1st June, 1880. Ordinance to make provision for the holding of Inquests in certain cases of Death in or near W 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 : I. So much of the provisions of the Act No. 22 of 1875, as conflict with or are repugnant to the provisions of this Ordinance shall be and the same are hereby repealed. II. It shall be lawful for the Governor of the Province of Griqualand West to appoint by any instrument under his hand a properley qualified person to be styled the Coroner, who shall have such powers and jurisdiction and perform such duties as are hereinafter set forth, over a district hereinafter defined, and who, by virtue of his office, shall receive a commission as a Justice of the Peace for the Province of Griqualand West; and it shall be lawful for the said Governor to attach such salary or fees to the said office, and to appoint such deputies, assistants, or other officers, and on such terms as to him shall seem meet. III. The district referred to in the foregoing section, within which the said Coroner shall have jurisdiction, shall be a district embracing the townships and suburbs of Kimberley, Old de Beer's, Dutoitspan, and Bultfontein, together with the Mines, Mining areas, depositing floors, and native locations situate in or near the aforesaid townships. IV. In case of any bona fide doubt as to whether a dead body, over which it is required by any law that an inquest should be held, is within or without the Coroner's jurisdiction, either the Magistrate of the district in which such dead body is discovered or the Coroner may hold an inquest over the same, and no objection to the jurisdiction of the Magistrate or the Coroner, as the case may be, in holding such inquest shall have any force or effect nor shall any objection have any force or effect if taken to any inquest which has been held either by the Magistrate of the district in which the dead body was discovered or by the Coroner, merely for the reason that the said body was discovered outside the jurisdiction of such Magistrate or Coroner, as the case might be: Provided that the Magistrate or the Coroner, as the case might be, acted bona fide in holding such inquest; and every inquest shall be presumed to have been bona fide held, either by the Magistrate or Coroner, until the contrary be proved. V. In all cases in which it shall come to the knowledge of the said Coroner that there is within the aforesaid district a dead body of any person who died suddenly, or was found dead, or is supposed to have come by his or her death by violence, or accident, or otherwise (1) Disallowed. Z |