No. 3-1874. price as may be agreed on by and between such lessees, respectively, of the one part, and the Governor of the Province of Griqualand West of the other part, not being in any case less than a sum which, reckoned as a principal sum after the rate of six pounds sterling per cent., would produce an amount of yearly interest equal to the rent received on such lease, subject to the following conditions, that is to say:

Conditions.

(1). In all sales of land under this Ordinance the purchaser shall, in addition to the purchase price, pay to the Government of the Province of Griqualand West an annual quitrent of two pounds sterling for every hundred pounds, or fraction of one hundred pounds, on the purchase amount, such annual quitrent to be paid in perpetuity.

(2). The purchase-money to be paid as aforesaid, according to agreement, may be paid in cash, at the option of the purchaser, so soon as the amount shall be agreed upon, and such purchaser may upon payment thereof require a grant of title upon perpetual quitrent to the said lands theretofore held by him upon lease, which grant it shall be lawful for the Governor to make.

(3). If the purchaser shall not forthwith pay the full amount of purchase-money agreed upon in cash, so soon as the said amount shall be agreed upon, he shall be allowed to pay the same in manner following, that is to say, by three equal instalments-the first to be paid forthwith, so soon as the amount of purchase-money shall be agreed upon as aforesaid, and the other two at intervals of one year respectively.

(4). If the purchaser shall fail to pay the second or subsequent instalments when the same shall become payable respectively, the money already paid by him shall be returned to him, deducting thereout, by way of liquidated damages for the breach of the contract to purchase, a sum equivalent to five pounds sterling per cent., on such amount of the purchase money as shall remain unpaid, together with such sum, if any, as may be due for rent and other charges, if any, upon the said land, under or by virtue of the lease thereof; and the said lease shall, unless otherwise vitiated, be regarded as though the same were all along subsisiting, without any contract of purchase or sale having subsisted with regard to the said lands.

(5). Until the entire purchase-money shall be paid, the purchaser shall continue to pay rent under and by virtue of his lease, notwithstanding any such contract for purchase as aforesaid, unless the lease be vitiated otherwise under the terms thereof.

(6). Upon the payment by the purchaser, at the stated times agreed on, of all the purchase-money and of all rents and other payments due in respect of the said lease, he shall be

cent. per

allowed interest after the rate of six pounds per
annum in respect of the several instalments of the purchase-
money deposited by him from the date of the deposit thereof
respectively, until such date of payment; and thereupon he
shall be deemed from thenceforward as tenant on perpetual
quitrent of the land so purchased, and may require forthwith
a grant of title upon quitrent to the said lands theretofore
held by him upon lease, which grant it shall be lawful for
the Governor to make.

(7). In fixing the value of the land applied for under the said conditions, the value of the industrial improvements made by the lessee who applies shall not be taken into consideration.

(8). The titles of all the lands held, or to be held, on perpetual quitrent tenure are, and shall be, subject to a reservation in favour of the Crown of precious stones and of gold or silver found therein; and the Government also reserves the right of making and repairing public roads and raising materials for that purpose on the premises; and also of reserving outspan places to be fixed by the Government; and also of constructing dams, reservoirs, aqueducts, and water furrows; provided that all works made by Government shall be and remain the property of Government; and provided also that Government may at any time resume so much land as may be necessary for carrying out and maintaining such public works as aforesaid, and any other public works of necessity or general utility; (1) and provided further that the said perpetual quitrent land shall be subject to all such conditions, regulations, and restrictions as now are or hereafter may be provided by law in respect of lands held on such tenure.

No. 3-1874.

VII. It shall be and may be lawful for the Governor, Sales on perpetwith the advice of the Executive Council, to cause any Crown ual quitrent. Lands to be sold by public auction to the highest bidder on perpetual quitrent, subject to the same conditions as are hereinbefore provided with respect to lands converted from leasehold into perpetual quitrent tenure.

[Promulgated in Government Gazette on 9th May, 1874, see Government Notice 18, 1874, and confirmed by Her Majesty, see Government Notice 35 of 1875.]

(1). See Ordinance No. 12, 1874, which, however, was not assented to.

No. 4-1874. No. 4, 1874 (1).-Sd. R. Southey.]

[February 26, 1874.

Ordinance to empower Judges, Resident Magistrates, and Justices of the Peace, within
the Province of Griqualand West, to countersign Warrants issued by Judges,
Resident Magistrates, and Justices of the Peace, within the Colony of the Cape of
Good Hope, Natal, and the neighbouring States.

WHEREAS it is expedient in the interests of justice that due provision should be made

for the extradition of criminals or accused persons who may have fled from justice in the Colony of the Cape of Good Hope, or Natal, or any of the neighbouring States, and sought refuge within this Province:

Be it enacted by the Lieutenant-Governor of the Province of Griqualand West, by and with the consent of the Legislative Council thereof.

I. It shall be lawful for all Judges, Resident Magistrates, and Justices of the Peace, within the Province of Griqualand West to countersign all Warrants, for the apprehension or re-capture of any criminals or accused persons, which may have been issued by any Judge, Resident Magistrate, or Justice of the Peace, within the Colony of the Cape of Good Hope, Natal, or any of the neighbouring States, and also to do, or cause to be done, all things necessary to effect, or assist in, the apprehension or re-capture of any such criminals or accused persons, and for their detention and transmission in safe custody from the Province of Griqualand West to any prison within the Colony of the Cape of Good Hope, Natal, or any of the neighbouring States, wherein such criminals or accused persons may be lawfully detained, pending trial.

II. It shall be lawful for all Judges, Resident Magistrates, and Justices of the Peace, within the Province of Griqualand West to countersign all summonses or subpoenas for the attendance of witnesses in any criminal case to be tried within the Colony of the Cape of Good Hope, Natal, or any of the neighbouring States, and to do, or cause to be done, all things necessary for securing the attendance of the said witnesses; and whenever any witness in any criminal case may be lawfully detained in custody, pending the trial of such case in the Colony of the Cape of Good Hope, Natal, or any of the neighbouring States, it shall and may be lawful for all Judges, Resident Magistrates, and Justices of the Peace within the Province of Griqualand West to countersign or issue Warrants for the arrest and detention of such witnesses, and for their transmission in safe custody from the Province of Griqualand West to any prison within the Colony of the Cape of Good Hope, Natal, or any of the neighbouring States, wherein such witnesses may be lawfully detained, pending such trial as aforesaid.

III. It shall and may be lawful for the Governor of the Province of Griqualand West to enter into convention with the Government of any neighbouring States for the mutual extradition of criminals and accused persons, and the transmission of witnesses in criminal cases; and, on such convention being concluded and proclaimed, it shall and may be lawful for all Judges, Resident Magistrates, and Justices of the Peace, in this Province, to countersign all Warrants, and do all things necessary to give legal effect to such conventions in accordance with the provisions of this Ordinance.

IV. The term Resident Magistrates shall include all additional Resident Magistrates as well as all Acting Resident Magistrates within the Province of Griqualand West.

V. This Ordinance shall take effect from the promulgation thereof, and the publication

of this Ordinance shall be deemed in law to be such promulgation.

[Published and promulgated in Government Gazettee on 9th May, 1874, see Government Notice 18, 1874, and confirmed by Her Majesty, see Government Notice 35 of 1875.]

No. 5, 1874 (2).-Sd. R. Southey.]

[March, 11, 1874.

Ordinance to rescind and repeal certain alleged Proclamations of the Commissioners administering the Government of Griqualand West, dated the 17th November, 1871, and for other purposes.

WHEREAS JOHN CAMPBELL and Jor & Gunland West, under the free Commissioners

alministering the Government of Griqualand West, under the Proclamation of His Excellency Sir HENRY BARKLY, Governor of the Colony of the Cape of Good Hope, of the Twenty-seventh Day of October, 1871, No. 73, signed certain three documents alleged to have been Proclamations whereby Public Diamond Fields were proclaimed on the Farm commonly called Vooruitzigt, on the Farm commonly called Bultfontein, and on the Farm commonly called Dorstfontein or Du Toit's Pan respectively:

And whereas doubts have arisen as to whether the said alleged Proclamations were ever duly and lawfully promulgated:

And whereas the preamble of each of the aforesaid alleged Proclamations contains an allegation that the titles of each of the aforesaid Farms commonly called Vooruitzigt, Bultfontein, and Dortsfontein or Du Toit's Pan respectively, are not subject to a reservation of precious stones or minerals:

And whereas the Government of the Province of Griqualand West is advised that the titles to the said Farms commonly known as Vooruitzigt, Bultfontein, and Dortsfontein or Du Toit's Pan respectively, are subject to a reservation of minerals and precious stones in favour of the Crown:

And whereas it is expedient to remove all doubts as to the due and lawful Proclamation of Public Diamond Fields within this Province, and also to make better provision for defining the areas of all Public Diamond Fields, and also to rescind the said alleged Proclamations:

(1). Repealed by Ordinance No. 2, 1877.

(2). Disallowed. See next page.

COMMISSIONERS.

Be it enacted by the Lieutenant-Governor of the Province of Griqualand West, with the advice and consent of the Legislative Council thereof, as follows:

I. The alleged Proclamations by Jons CAMPBELL and JOHN CYPRIAN THOMPSON, Commissioners, dated the 17th of November, 1871, whereby Public Diamond Fields were, or were alleged to have been, proclaimed on the Farms commonly known as Vooruitzigt, Bultfontein, and Dorstfontein or Du Toit's Pan respectively, are hereby rescinded and repealed.

II. It shall and may be lawful for the Governor of the Province of Griqualand West, with the advice of the Executive Council thereof, to proclaim such areas throughout the Province of Griqualand West as may be necessary to be Public Diamond Fields in accordance with the Proclamation of His Excellency Sir HENRY BARKLY, of the 27th October,

1871, No. 71.

[This Ordinance was published in the Government Gazette of the Province of 9th May, 1874, see Government Notice No. 18 of 1874, but disallowed by Her Majesty, see Government Notice No. 35 of 5th April 1875, and Proclamation No. 6 of 1874, which was revived by Ordinance No. 21, 1880.]

No. 5-1874.

No. 6, 1874 (1).-Sd. R. Southey.]

[March 30, 1874.

Ordinance to make certain Acts of the Legislature of the
Colony of the Cape of Good Hope applicable to the
Province of Griqualand West.

WHEREAS His Excellency Sir Henry Barkly, K.C.B.,

Governor of the Cape of Good Hope, &c., &c., did by certain Proclamation No. 68, (2), dated the Twentyseventh day of October, 1871, proclaim, declare, and make known, that except in so far as His Excellency had already proclaimed or might thereafter proclaim to the contrary, the laws and usages of the said Colony of the Cape of Good Hope shall be deemed to be the laws of Griqualand West, so far as the same shall not be inapplicable thereto and whereas the provisions of the aforesaid Proclamation No. 68 of 1871, have already been extended to the Acts passed by the Legislature of the Colony of the Cape of Good Hope, from the date of the aforesaid Proclamation to the end of the year 1872:

And whereas it is expedient to adopt and make applicable to this Province certain Acts passed by the Legislature of the Colony of the Cape of Good Hope during the year 1873:

Be it enacted by the Lieutenant-Governor of the Province of Griqualand West, with the advice and consent of the Legislative Council thereof:

of 1873 in force.

I. The Acts of the Legislature of the Cape of Good CertainCape Aets Hope passed during the year 1873, and mentioned in the see Nos. 2 &:0 Schedule hereunto annexed, shall be, and the same are hereby and Ord. 5, 1875. declared to be, law within the Province of Griqualand West, save only in respect of such merely verbal changes as may be necessary to render the said Acts applicable to this Province.

(1). See Nos. 4, 1875; 4, 1876; 3, 1879; and 13, 1880. (2). No. 2.

No. 6-1874.

II. This Ordinance shall take effect from the promulgation thereof, and the publication of this Ordinance shall be deemed in law to be such promulgation.

[Assented to by His Excellency the Governor and confirmed by Her Majesty. See Government Notice No. 35 of

5th April, 1875.]

SCHEDULE.

I. Act 2 of 1873, entitled "An Act to protect and regulate the right of authors in respect of their works."

II. Act 3 of 1873, entitled "An Act to remove doubts as to the ownership of immovable property held in trust for unincorporated Joint-stock Companies and other bodies, and for the appointment, when necessary, of trustees for such companies or bodies."

III. Act 7 of 1873, entitled "An Act to repeal the 23rd Section of Ordinance No. 73 of 1830, entitled 'An Ordinance for explaining, altering, and amending the Ordinance No. 40.'”

IV. Act 2 of 1873, entitled "An Act to provide for lodging the accounts of executors, tutors, curators, and trustees in the offices of the Resident Magistrates of the respective districts in which the estates administered are situated."

V. Act 17 of 1873, entitled "An Act to remove doubts as to the necessity of re-stamping certain Deeds, and to amend the Stamp Act of 1870, in so far as relates to the mode of Stamping Deeds executed before the Registrar of Deeds."

VI. Act 18 of 1873, entitled "An Act to amend Act No. 15, 1856, entitled 'An Act to amend the laws regulating the relative Rights and Duties of Masters, Servants, and Apprentices.""

VII. Act 26 of 1873, entitled "An Act to amend the Law of Inheritance, and repeal the 'Lex Hac Edictali."

[This Ordinance was published in the Gazette of the Province on the 23rd September, 1874, see Government Notice No. 64 of 1874, and afterwards allowed by Her Majesty, see Government Notice 35 of 1875.]

No. 7, 1874 (1).-Sd. R. Southoy.]

[15th April, 1874.

Ordinance to empower the Governor of the Province of Griqualand West, to make Proclamation authorising the holding of special Licensing Courts on other days than those specified in Section 2 of Act 10 of 1860 of the Colony of the Cape of Good Hope.

WHEREAS it is expedient that the Governor of the Province of Griqualand West

should be empowered to make Proclamation authorising the holding of special Licensing Courts for granting retail licenses for the sale of wines and spirituous and fermented liquors at any time and on other days than those specified in Section 2 of Act 10 of 1860 of the Colony of the Cape of Good Hope.

(1). Repealed by Ordinance No. 16-1879.