No. 7-1880.

than in a natnral way, such Coroner shall, as soon as possible, proceed in person, to the spot where the dead body is, and shall forthwith, if necessary or advisable, but not otherwise, cause the said dead body to be removed to some convenient place, and shall moreover snmmon a jury of five males, of European extraction, over the age of eighteen years, residing, or employed in working in the neighbourhood, and not exempted by any law or Ordinance from serving on juries in criminal cases, for the purpose of holding an inquest on the said body.

VI. The process for summoning jurors to attend at any inquest shall be in the form set forth in the schedule annexed hereto, and marked A.

VII. As soon as a sufficient number of jurors are in attendance for the purpose of holding ani nquest, the coroner shall administer the oath to them, which oath shall be in the form set forth in the schedule annexed hereto, and marked B., and shall forthwith proceed with the inquest.

VIII. The jury so summoned shall inspect the dead body, and the Coroner shall, if necessary, cause the same if interred, to be disinterred, for the purpose of such inspection and inquest, and shall examine on oath, to be administered by the Coroner and which oath shall be in the form set forth in the Schedule annexed hereto, and marked C, any witnesses he may deem necessary, in the presence and hearing of the said jury, and shall take, or cause to be taken down in writing, the evidence so given.

IX. In inspecting the dead body the Coroner and jury shall take careful note of all appearances, marks, or bruises presented by it, and about it, which shall tend to show whether the deceased did, or did not come by his or her death from violence or by accident, and if from violence, whether the same was used by himself or herself or by some other, and if some other, who such other was, or how he or she may be discovered, and if by accident, whether the same was unavoidable, or was caused through the culpable negligence of the deceased or of some other person or persons, and if the latter, who such other persons were, or how they may be discovered.

X. The Coroner shall also cause the dead body to be examined as soon as possible by a regularly admitted medical man, if such can be discovered, and if not, then by the best qualified person or persons that can be obtained.

XI. The process for summoning witnesses to attend before any inquests, shall be in the form set forth in the schedule annexed hereto, and marked D.

XII. If any person, summoned to attend as a witness or juror at any inquest shall not attend, pursuant to such summons, then such person so making default, shall, unless some reasonable excuse be proved by oath or affidavit, be liable to be fined by such Coroner such sum, not exceeding £25, as such Coroner shall see fit; and the said Coroner shall thereupon make out and sign a certificate, containing the name and surname, the residence and trade or calling of every such person making such default, together with the amount of the fine imposed, and the cause of such fine, and shall transmit such certificate to the Clerk of the Peace at Kimberley, or the Public Prosecutor, if any, at Dutoitspan, as the case may be, who shall proceed by the ordinary process, to recover the said fine in any of the Resident Magistrates' Courts of Kimberley or Dutoitspan from the person making default; and the Resident Magistrate of Kimberley or Dutoitspan, or the Police Magistrate of Kimberley, may, moreover, issue his warrant for the apprehension of such person, which warrant shall be in the form set forth in the schedule hereto annexed, marked E.

XIII. The Coroner shall have power to adjourn any inquest from time to time if it shall be necessary so to do, and as he shall see fit, and shall order the jurors, under pain of incurring such fine as in Section 12 provided, to be in attendance at such adjourned inquest.

XIV. As soon as a body has been inspected as hereinbefore required, and all necessary and procurable witnesses have been examined, the Jury shall return their verdict, and in returning the same shall state whether, in their opinion, death resulted from accident, or neglect, or violence, and if from either of the two latter causes, and they are in a position so to do, by whose negligence or violence they are of opinion death so resulted.

XV. The Coroner shall record the verdict so given, and shall forthwith transmit the evidence taken, together with the verdict and any remarks upon the case which he may think fit to make, to the Attorney-General.

XVI. If the Coroner, upon any verdiet given, shall see any reason to believe that the deceased person came by his or her death in any way which involved or amounted to some crime or offence, upon the part of any person who can be made amenable to justice, the Coroner shall cause such person to be apprehended, in order that a preparatory examination may be iustituted against him.

XVII. In the event of a jury not agreeing as to their verdict, the verdict of the majority shall be treated as the verdict of the jury.

XVIII. All contempts committed by witnesses or others before or in regard of any inquest held before the Coroner shall be visited in like manner, mutatis malandis as contempts committed by witnesses and others before any Court of Resident Magistrate, provided that the carrying out and enforcing of penalties for such contempts shall be proceeded with as provided for in Section 12 of this Ordinance, and the warrant by that Section provided shall be framed to meet the facts of the case, but shall be, as nearly as possible, in the form set forth in the Schedule marked E, annexed hereto.

XIX. Nothing in this Ordinance contained shall prevent any person authorized by law to issue warrants of apprehension or authorized to apprehend offenders or supposed offenders on that warrant, from acting in all respects as regards such warrants or such offenders, and whether an inquest shall or shall not have been commenced, precisely as if this Ordinance had not been passed.

XX. All witnesses, medical or otherwise, summoned or attending to give evidence before any inquest shall be entitled to receive their expenses precisely as witnesses summoned to give evidence at a criminal trial or preparatory examination.

XXI. Nothing in this Ordinance provided shall be taken as affecting the duties of Fieldcornets, as provided for in Act No. 22 of 1875, save and except that in any case where a dead body is found within the jurisdiction of the Coroner, he shall make his report, as therein provided, to the Coroner, instead of to the Magistrate, and the Coroner, in case no

inquest shall be held, shall then and there act in the same manner as it is provided that the Magistrate shall act.

XXII. All fines and penalties adjudged to be paid under the provisions of this Ordinance, shall be subject to the review of the High Court, and the provisions of Act No. 20 of 1856, and of the Ordinance No. 24 of 1874 shall, mutatis mutandis, be in full force and effect.

XXIII. In the interpretation of this Ordinance the word "Governor" shall include the officer for the time being administering the Government of the Province of Griqualand West, the words "Resident Magistrate" shall include any additional Resident Magistrate, and the words "Magistrate's Court" shall include any additional Magistrate's Court. XXIV. This Ordinance may be cited for all purposes as "The Coroner's Ordinance, 1880."

No. 7-1880.

You are hereby required in Her Majesty's name to summon A.B. (describe him particularly) that he attend at an inquest to be held at (describe place where Court is held), on the dead body of C.D. (or "of a certain deceased person whose name is unknown," on this the- day of -188 ato'clock, in the forenoon (or afternoon as the case may be, stating the day and hour according to the fact), then and there to enquire into and decide upon the cause and nature of the death of the said C.D. (or " of such deceased person," as the case may be). Herein fail not at your peril.

You and each of you do solemnly swear that you will well and truly try the issue before you, and a true verdict give according to the evidence,-So help you, God.

SCHEDULE C.

The evidence which you shall give before this Court, touching the death of C.D. (or "of a deceased person, name unknown, regarding whom this inquest is held "), shall be the truth, the whole truth, and nothing but the truth,-So help you, God

You are hereby required in Her Majesty's Name to summon A.B. (describe him particularly), that he appear before me at (describe place where Court is held) on theday of- -188 at -o'clock in the forenoon (or afternoon, as the case may be, stating the day and hour according to the fact), then and there to be examined at an inquest, tonching the death of C.D. (or of a certain person whose name is unknown). Herein fail not at your peril.

Dated at

this

-day of

, 1880. SCHEDULE E.

Coroner.

To Fieldcornets, Constables, Police officers, and other officers proper to the execution of criminal warrants.

Whereas A.B. (describe him particularly as in the summons) who was duly summoned to appear before.. Coroner at (describe the place as in the summons), at (state the time as in the summons), then and there to be examined as a witness (or "to attend as a juror," as the case may be), at an inquest, touching the death of C.D. (or "a certain deceased person, whose name is unknown,") and hath refused and neglected so to do, to the great delay and hindrance of Justice.

These are therefore in Her Majesty's name to command you, or some of you, to apprehend and bring before me the body of the said A.B., that he shall be dealt with according to law; and for so doing this shall be your warrant.

Dated at...

this... day of.. ......... 188

Resident Magistrate.

[Assented to by His Excellency the Governor-see Government Notice No. 157, 13th October, 1880. Disallowed by Her Majesty see Proclamation (Cape) No. 29, 2nd February,

1881.]

reamble.

[No. 8 (1) of 1880-Sd. J. ROSE INNES] [16th July, 1880. Ordinance to Amend the Ordinance No. 4 of 1877, intituled "An Ordinance for the better Regulation of the Trade in Diamonds in Griqualand West," and for other Purposes. HEREAS it is necessary and expedient to amend and add to the provisions of Ordinance No. 4 of 1877, entitutled "An Ordinance for the better regulation of the trade in diamonds in Griqualand West," and to make better provision for the suppression of criminal and illicit dealing in diamonds in this Province :

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. The provisions of the 2nd, 6th, 7th, 9th, 11th, 19th,20th, Certain Sections 21st, 22nd and 24th sections of Ordinance No. 4 of 1877, and so 4, of 1877 re- much of the provisions of any other sections of the said Ordinance pealed. as may be inconsistent with the provisions of this Ordinance,

of Ordinance No.

shall be, and the same are hereby rescinded and repealed.

II. It shall not be lawful for any person or persons, or any firm or joint stock company, save as hereinafter excepted, to Who allowed to buy, deal in, or receive by way of barter, pledge, or otherdeal in diamonds wise, either as principal or agent, within this Province, any

Penalties.

rough or uncut diamond, or to be an accessory to such buying, dealing in, or receiving, as aforesaid, unless such person or persons, so buying, dealing in, or receiving, as aforesaid, shall be duly licensed or authorized to deal in diamonds within this Province, either as buyer, seller, broker, or factor, or shall be duly licensed to carry on within this Province the trade or business of a diamond cutter, or unless such person or persons, firm, or joint-stock Company, so buying, dealing in, or receiving, as aforesaid, shall be duly licensed to trade as a Banker or Bankers within this Province. And every person convicted of contravening this section shall incur a penalty for the first offence of a fine not exceeding £500 sterling, or of imprisonment, with or without hard labour, for any period not exceeding five years, or of both such fine and imprisonment, and in default of payment of such fine within three months of the confirmation of his sentence, then for a further period of imprisonment, with or without hard labour, not exceeding six months; and for a second or subsequent offence, of a fine not exceeding £1,000 sterling, or of imprisonment, with or without hard labour for any period not exceeding ten years, or of both such fine and imprisonment, and, in default of payment of such fine within six months of the confirmation of his sentence, then of imprisonment for a further period not exceeding twelve months with or without hard labour.

(1) Repealed by Act No. 48 of 1882-after this Act had been put into type.

nance 4, of 1877

gation of this

tions under Or

III. All crimes or offences punishable under any of the No. 8-1880. sections of Ordinance No. 4 of 1877, which are repealed by As to contrathis Ordinance, and committed before the promulgation of ventions of Ordithis Ordinance shall be dealt with and punishable under the before promul provisions of the said sections of Ordinance No. 4 of 1877 Ordinance. respectively; and a conviction under any of the provisions of Previous convicOrdinance No. 21 of 1874, or of Ordinance No. 4 of 1877, dinance shall be taken as a previous conviction under the correspond- 1874, or of 1977 ing provisions respectively of Ordinance No. 4 of 1877, or of to be taken into this Ordinance, in all cases where such previous convictions were obtained on charges which could respectively have been made under the corresponding provisions of Ordinance No. 4 of 1877, or of this Ordinance.

nance 4

account.

21 of

in

Ordinance 4 f

under Section 2

IV. Whenever it is provided in Ordinance No. 4 of 1877 Reference that any person or persons shall incur the penalties provided 1877 to penalti in section 2 of that Ordinance, such provisions shall now be to apply to Seeconstrued as having reference to the penalties provided by Ordinance. section 2 of this Ordinance.

tion 2 of this

nor to remit

V. It shall be lawful for the Governor or the Officer for Power to Goverthe time being administering the Government of the Province portion of "senof Griqualand West, in all cases where any person has been tence. sentenced under the provisions of Ordinance No. 4 of 1877, or this Ordinance, to a term of imprisonment of four years, and not more than six years, or six years and upwards, at the expiration of three years of such imprisonment in the first case, and of five years in the second, to remit the remaining portion of such sentence, and to release such person from gaol: provided that any fine imposed in addition to such sen- Provided fine is tence of imprisonment, has been paid or sufficient security paid and prisocan the same, to the satisfaction of the Governor or Officer leave the Proaforesaid, has been given, on condition that he or she promises and agrees forthwith to leave the Province, and which condition shall be signed by the person so released, and a record kept of the same.

ner agrees to

vince.

vince after re

lease.

VI. Any person released under the provisions of the forego- Penalty on reing Section, shall leave the Province within seven days of his turning to proor her release, and if at any time after such time has elapsed, he or she shall be discovered within the boundaries of this Province, without competent authority, he or she shall be liable to be arrested and imprisoned for the remaining and unexpired portion of the term of imprisonment to which he or she was originally sentenced, and shall in addition be liable to a fine not exceeding £500, and in default of payment of the same, to a further term of imprisonment with or without hard labour not exceeding twelve months.

VII. Any person who shall be an accessory to the contra- Accessories revention of the provisions contained in the 18th section of garded as prinOrdinance No. 4 of 1877, or the 2nd, 8th, 15th, and 16th

cipals.

No. 8-1880.

Diamond ters.

duration

Cut

of, Diamond Cutter's licence.

sections of this Ordinance, shall be liable, charged and dealt with in all respects as the principal.

VIII. It shall not be lawful for any person to carry on the business or trade of a Diamond Cutter, unless such person shall be a duly licensed diamond cutter within this Province, and every person convicted of contravening this section, shall incur the penalties provided by section II. of this Ordinance. Stamps on, and IX. Every license to carry on the business or trade of a Diamond Cutter shall be written upon or covered with stamps of the value of £5 sterling, for a yearly license, or £1 10s. sterling for a quarterly license, and every such license shall be in form set forth in the schedule A. annexed hereto. Provided that all such licenses as are quarterly shall, no matter when taken out, terminate on the last day of the current quarter, such quarters ending respectively on the 31st March, 30th June, 30th September, and 31st December of each year; and all such licenses as are annual shall, no matter when taken out, expire on the 31st December then next ensuing.

Diamond Cutter to produce

Resident Magi

tributor

Stamps.

X. It shall not be lawful for any Distributor of Stamps certificate from within this Province to issue any license to carry on the trade strate, & lodge or business of a diamond cutter, unless the person or persons same with Dis- applying for such license shall, when applying, produce and lodge with such Distributor a certificate under the hand of the Resident Magistrate of the district, in the form set forth in the schedule B. hereto annexed, and it shall not be lawful for any Resident Magistrate within this Province to sign or issue such certificate until the person or persons applying for such certificates shall, together with two sufficient sureties, Recognizance to have entered into a recognizance in the form set forth in the be entered into. schedule C. hereto annexed, and unless the place of business in respect of which the license is sought, shall be in localities or limits which it shall be lawful for the Governor, from time to time, to define and alter by Proclamation.

mond Buyers'

of business.

Licensed Dia- XI. Every licensed buyer or cutter of diamonds within and Cutters this Province, shall be bound to have an office or place of Offices or places business at some place described in his license, and shall be bound to have affixed on some conspicuous place on the outside of and over, or by the side of the outer door of the place in which he may have such office or place of business, his name at full length, (or where there are partners, the name and style of the firm or partnership), and after such name or style the words "licensed diamond dealer (or dealers) " "licensed diamond cutter (or cutters)," as the case may be, such name or style and such description to be publicly visible and legible in letters at least two inches in length, and every licensed diamond buyer, seller, or cutter convicted of contravening this section, shall incur a penalty not exceeding £20 sterling for the first offence, and for a subsequent

or