Preamble. 384 REGISTRATION OF LEASES (MINES AND DIGGING) ORD. [1880 No. 16 of 1880.-Sd. J. Rose Innes.] [22nd Sep., 1880.] Ordinance to provide for the Registration of Leases or Lease hold Titles to Claims or portions of Claims in Mines or Diggings, and for other purposes in connection therewith. WHEREAS many Claims and portions of Claims in mines or diggings within this province are now held, and many more are likely to be hereafter held, upon Lease or Leasehold Title; and whereas it is expedient and necessary to provide for the registration of such Leases or Leasehold Titles and of Cessions, Assignments or Transfers and Mortgages, or Hypothecations thereof or of the estate, right, title or interest created thereby, and of Cessions or Assignments of such Mortgages or Hypothecations; and whereas it is also expedient and necessary to declare and amend in certain respects the law relating to such Leases or Leasehold Titles, and to Cessions, Assignments, Transfers, Mortgages or Hypothecations thereof: 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 :Registrar of I. It shall and may be lawful for the Registrar of Deeds Leases or Lease for the time being, or the officer for the time being acting as hold Titles, &c., such, and he is hereby required when called upon so to do, duly to register, in the Deeds Registry Office of this Province, all Leases of, or Leasehold Titles to, Claims or portions of Claims in any mine or digging within this Province, whether executed before or after the passing of this Ordinance, and all Cessions, Assignments, Transfers, Surrenders, Renunciations and Discharges, and all Mortgages or Hypothecations thereof, or of the estate, right, title or interest created thereby in or to any Claims or portions of Claims as aforesaid, and all Cessions or Assignments of such Mortgages or Hypothecations. to claims, when called upon. render Leases, claimant under lessor. Registration to II. Leases or Leasehold Titles and lawful Cessions, &c., valid against Assignments or Transfers thereof, wholly or in part registered subsequent under this Ordinance, and any servitude or right lawfully created by such Leases or Leasehold Titles, shall by virtue of such Registration be valid and effectual against every person claiming in any way whatsoever, under or through the lessor, title to the property leased or to the property affected by such servitude or right as aforesaid, if the title so claimed be subsequent in date to the date of such registration: Provided always that every Lease or Leasehold Title, or Cession, Assignment or Transfer thereof, wholly or in part, or any servitude or right created thereby as aforesaid, which under the existing law prior to the passing of this Ordinance would have been valid and effectual against any person claiming title as aforesaid under or through the lessor, shall, although 1880] REGISTRATION OF LEASES (MINES AND DIGGINGS) ORD. 385 not registered, be valid and affectual against such persons as No. 16--1990. well as against the lessor. &c., in same moveable pro rent tenure. III. It shall be lawful for the lessee, cessionary, assignee Lessee, &c., can or transferee, in right of any such Lease or Leasehold Title mortgage lease, or Cession, Assignment or Transfer thereof, but in accordance manner as imalways with the conditions and stipulations of such Lease or perty under quitLeasehold Title, to mortgage and hypothecate the same or any right, title, or interest created thereby, in the same manner as if the property leased was immoveable property held upon quitrent tenure, and the registration of such Mortgage or Hypothecation shall constitute a valid security over, and shall bind to the extent mortgaged or hypothecated such Lease or Leasehold Title, or the estate, right, title or interest created thereby. notice of surren IV. Whenever any such Mortgage or Hypothecation as Three months' in the last section mentioned shall be registered as aforesaid, der to be given no surrender or renunciation or determination before the ex- to mortgagee. piration thereof of the Lease or Leasehold Title, or the estate, right, title or interest created thereby, bound by such Mortgagǝ or Hypothecation, shall be valid unless proof shall be given to the satisfaction of the Registrar of Deeds or other officer, as in the first section mentioned, that three months notice of the intention to surrender, renounce or determine, as aforesaid, has been given to the mortgagee or his duly authorised agent in that behalf. gee is absent V. In case the registered mortgagee, as in the last How if mortga section mentioned, shall be absent from this Province or shall from Province. have no duly authorised agent as aforesaid within this Province, or if the whereabouts of such mortgagee or his agent as aforesaid within this Province shall be unknown, or if for any reason it shall be found impossible to give the notice in the last section referred to, then the person interested in giving such notice shall be at liberty to apply to the High Court of this Province for an order in relation thereto, and the said High Court is hereby empowered to make such order with relation to the said notice or to the said surrender, renunciation or determination, as justice may require. registration to nance. of VI. All and singular the provisions of the law relating Law relating to to registration of titles to immoveable property held Titles to immovupon able property quitrent tenure and transfers, mortgages or hypothecations under quitrent thereof, and to the effect and preference or priority of te ristration registered deeds or documents, and to the payment of regis- under this Orditration and other fees and charges and of transfer duty, shall mutatis mutandis apply to Registrations, Cessions, Assignments, Transfers, Mortgages and Hypothecations under this Ordinance respectively, except when such provisions shall be repugnant to the express enactments in this Ordinance contained. B B No. 17-1880. Lease not to of insolvency. VII. No lease of any claim or portion of a claim as aforesaid shall cease and determine upon the surrender or determine in case adjudication of sequestration of the estate of any person entitled to such lease, anything contained in Ordinance No. 6 of 1843 to the contrary notwithstanding. for keeping registry. Governor to pro- VIII. The officer administering the Government may claim rules, &c., from time to time make, and shall publish in the Government Gazette, all necessary rules, or alterations in or amendments or revocations of such rules, for regulating the mode of making and keeping the registry by this Ordinance provided. IX. This Ordinance may be cited for all purposes as the Registration of Leases (Mines and Diggings) Ordinance, 1880." Short title. Preamble. Repugnant portions of Procla [Assented to by His Excellency the Governor-see Government Notice No. 157, 13th October, 1880. Confirmed by Her Majesty-see Cape Government Notice No. 33, 10th January, 1881.] No. 17 of 1880.-Sd. J. Rose Innes.] [22nd Sept., 1880. Ordinance to alter in certain respects the Proclamation No. 71 (1), dated October 27th, 1871. WHEREAS it is desirable that a fixed sum should be chargeable by the Government of this Province for the purpose of defraying the expenditure necessary for the maintenance of Order and Good Government at the Diamond Fields, situate on the farms Dorstfontein and Bultfontein, and known as the Dutoitspan and Bultfontein Mine and Diggings respectively, and that power should be given to fix the amount to be deducted at other Diamond Fields within this Province: Be it therefore enacted by the Administrator of the Province of Griqualand West, by and with the consent and advice of the Legislative Council thereof : I. So much of the Proclamation No. 71, dated October mation No. 71 27th, 1871, as is repugnant to or inconsistent with the proof 1871 repealed. visions of this Ordinance, shall be and the same is hereby cancelled and repealed. claim for Good Government to II. From and after the promulgation of this Ordinance, Good Government, it shall be lawful for the Governor in (1.) No. 5, p. 12. month for each and every duly registered claim in the afore- No. 18–1899). said Mine and Diggings, upon which licenses have been duly issued, or upon which rent is due and payable, and which sum shall be deducted from the monthly licenses, rents, or royalties collected as in the said Section provided. prietors of mines for good Govern tion 29 of Pro 1871. III. The Governor shall at all times have power in Governor may respect to any Diamond Fields within this Province which agree with promay fall under or be subject to the provisions of the afore- as to deduction said 29th Section of Proclamation No. 71 of 1871, to agree ment under Secwith the proprietor or proprietors thereof as to some fixed or clamation 71 of fixed proportionate sum per claim or otherwise, to be deducted by the Government for the purposes in the said Proclamation mentioned, and which sum shall not be less than a sum representing a proportion of ten pounds for evey hundred pounds of the license monies, rents, or royalties payable in right of such Diamond Fields, and any sum or sums thus fixed or agreed upon shall and may be deducted under the provisions of the aforesaid Proclamation, in lieu and in stead of the deductions therein provided to be made. [Assented to by His Excellency the Governor. See Government Notice No. 157, 13th Oct., 1880, confirmed by Her Majesty. See Secretary of States Despatch, No. 156, 15th December, 1880.] [No. 18, of 1880-Sd. J. Rose Innes.] [24th Sept., 1880.] Money required for defraying certain Expenses of the WHEREAS the Expenditure required for the Service of Preamble. the Government of this Province for the year 1880 has been estimated at the sum of One Hundred and Forty-six Thousand Two Hundred and Eighty-nine Pounds and Fifteen Shillings. Be it enacted by the Administrator of this Province, with the advice and consent of the Legislative Council, as follows: Clause. 1. That a sum not exceeding One Hundred and Forty- Appropriation six Thousand Two Hundred and Eighty-nine Pounds and Fifteen Shillings sterling be charged upon the Revenue of this Province for the year 1880, 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 Seventy-five Thousand Eight Hundred and Sixty-five Pounds and Eleven Shillings. No. 18-1880. For the Expenditure on account of Pensions and Gratuities a sum not exceeding Three Thousand Five Hundred and Sixty Pounds and Fourteen Shillings. For the Expenditure on account of Hospitals a sum not exceeding Four Thousand Pounds. For the Expenditure on account of Aborigines a sum not exceeding Three Hundred Pounds. For the Expenditure on account of Administration of Justice a sum not exceeding Four Thousand Two Hundred and Forty-five Pounds. For the Expenditure on account of Constabulary a sum not exceeding One Thousand Eight Hundred Pounds. For the Expenditure on account of Gaols a sum not exceeding Fourteen Thousand Nine Hundred and Eightyfive Pounds.. For the Expenditure on account of Rents a sum not exceeding Three Hundred and Eight Pounds and Ten Shillings. For the Expenditure on account of Elections a sum not exceeding One Hundred and Fifty Pounds. For the Expenditure on account of Printing a sum not exceeding One Thousand Pounds. For the Expenditure on account of Stationery a sum not exceeding Six Hundred Pounds. For the Expenditure on account of Transport a sum not exceeding Eight Hundred and Fifty Pounds. For the Expenditure on account of Conveyance of Mails a sum not exceeding Four Thousand Nine Hundred and Fifty Pounds. For the Expenditure on account of Sums Refunded a sum not exceeding Five Thousand Pounds. For the Expenditure on Account of Public Works and Buildings a sum not exceeding Twelve Thousand Five Hundred and Fifty Pounds. For the Expenditure on account of Surveys a sum not exceeding Five Thousands Pounds. For the Expenditure on account of Miscellaneous Services a sum not exceeding Five Hundred Pounds. For the Expenditure on account of Transmission of Telegrams a sum not exceeding One Hundred and Twentyfive Pounds. For the Expenditure on account of Volunteers a sum not exceeding Seven Hundreds Pounds. For the Expenditure on account of Interest on Overdraft at the Standard Bank a sum not exceeding Six Thousand Pounds. For the Expenditure on account of Crown Agents a sum not exceeding Twelve Hundred Pounds. |