in open court.

of the person or persons accused shall be before any one or more of Charter of Justice. the Judges of the said Court and a jury of nine men, who shall concur in every verdict to be given on the trial of any such accused party or parties; and every such verdict shall be delivered Delivery of verdict in open Court by the mouth of the foreman of every such jury, and shall be thereupon recorded and read over to such jury before they are discharged from attendance on the said Court. Provided nevertheless, and we do further declare, and direct, that no person within the said Colony, who may be otherwise competent to serve Jurors ignorant of on any such jury as aforesaid shall be or be taken to be incompe- guage." tent to serve on such jury by reason of his ignorance or supposed ignorance of the English language.

the English lan

35. And we do further ordain and direct, that all the duties Abolition of orheretofore performed by the Orphan Chamber within our said phan chamber. Colony, shall henceforth be performed by the Master for the time being of the said Supreme Court, and that the said Orphan Chamber shall be, and the same is hereby, abolished. (1)

36. And we do further direct and appoint, that the said Supreme Court shall at all times be holden at Cape Town, in our said Colony.

Supreme court in Cape Town.

Division of the

37. And we do further ordain and direct, that it shall and may colony into circuit be lawful for the Governor of the said Colony, by any proclamation districts. or proclamations to be by him for that purpose issued, to apportion and divide the said Colony into two or more districts, and to fix and ascertain the boundaries and limits of every such district, and such boundaries and limits, from time to time, to alter as occasion may require: Provided always, that such apportionment of the said Colony into such districts as aforesaid, be made in such manner as to such Governor may appear to be best adapted for enabling the inhabitants of the said Colony to resort with ease and convenience to the Circuit Courts, to be therein established as after mentioned.

38. And we do further grant, ordain, and appoint, that Courts, to be called Circuit Courts, shall be holden twice at the least in each year, in each of the districts into which the said Colony may be so divided as aforesaid: and each of the said Circuit Courts shall be holden by the Chief Justice or by one of the said Puisne Judges of the said Supreme Court of the Colony of the Cape of Good Hope, at such times, and at such one, or more, place or places within each of the said districts, as the Governor of the Colony of the Cape of Good Hope shall from time to time direct and appoint. (2)

Circuit courts held year before judges

twice at least in each

of the supreme court.

Jurisdiction of circuit courts, and therein in criminal cases.

39. And we do direct and appoint, that each of the said Circuit Courts shall be respectively Courts of Record, and shall within the mode of proceeding district in which it may be holden, have, and exercise all such and the same jurisdiction, powers and authority, as is hereby vested in

1 See Ords. 103, 104, 105.
2 See § 37, Act 21 of 1864.

Charter of Justice. the said Supreme Court of the Colony of the Cape of Good Hope, throughout the whole of the said Colony (1);-and that all crimes and offences, cognizable in the said Circuit Courts, shall be inquired of, heard and determined by the said Circuit Judge, and a jury of nine men; and that the verdict of such jury shall be pronounced and recorded in the manner before directed, respecting the verdicts of juries to be given in the said Supreme Court; and that the provision herein before (2) contained respecting the ignorance or supposed ignorance of the English language of any person otherwise competent to serve on any jury in the said Supreme Court, shall also extend and apply to persons serving, or who may be required to serve, as jurors in the said Circuit Courts, or any of them.

Number of jurors, and provision in case

jurors.

40. Provided nevertheless, and we do further ordain and direct, of a deficiency of that if upon the trial of any crime or offence before any of the said Circuit Courts nine good and lawful men, being duly summoned, shall not appear to form a jury, then, in all such cases, such trial shall be had before the Circuit Judge and any number of the jury who shall appear, not being less than six, who shall be sworn, and have the same power, as if the full number of nine had appeared. (3)

Decision of civil suits.

Removal of suits

from supreme court

vice versa.

41. Provided also, and we do further direct and appoint, that all civil suits or actions, depending in any of the said Circuit Courts, shall be tried and decided by the Judge of such Court alone, and without a jury: [Remainder of Section superseded by Section 13, Act 5, 1879.]

42. [Repealed by Section 12, Act 5, 1879.]

43. [Repealed by Section 12, Act 5, 1879.]

44. And we do further direct and appoint, that as often as any to circuit court, and action or suit shall be brought in the Supreme Court, or in either of the said Circuit Courts, respectively, and it shall be made to appear to the Court, before which such action or suit may be pending, that such action may be more conveniently heard or determined either in the said Supreme Court or in some other of the said Circuit Courts, it shall be lawful for such Court to permit and allow such action or suit to be removed to such other court: and such allowance shall be certified by the Judge, together with the process and proceedings in such action or suit, to the Court into which such action or suit shall be intended to be removed; and thereupon it shall be lawful for such last-mentioned Court and such Court is hereby required, to proceed in such action or suit in like manner, as if the same had been originally commenced and prosecuted in such last-mentioned Court.

Transmission

to

45. And we do further ordain and direct, that no judgment or presiding judge of sentence, either of the said Supreme Court, or of any such Circuit

the Governor by the

report of proceedings on trials resulting in condemnation to death, transportation, or banishment.

Framing and puborders, and regula circuit courts.

lication of rules,

tions of supreme and

Court as aforesaid, in any criminal case, whereby any person shall Charter of Justice,
be condemned to death, or transportation, or banishment from the
said Colony, shall be carried into execution, until a report of all the
proceedings upon any such trial hath been laid before, or trans-
mitted to the Governor of the said Colony by the Chief Justice or
Puisne Judge presiding at any such trial, nor until such Governor
shall have authorised and approved the execution of such sentence.
46. And we do further grant, ordain, direct, and appoint that it
shall and may be lawful for the said Supreme Court, by any rules
or orders of Court to be by them from time to time, for that pur-
pose made and published, to frame, constitute, and establish such
rules, orders, and regulations, as to them shall seem meet, touching
and concerning the time and place of holding the said Supreme
Court; and touching the forms and manner of proceeding to be
observed in the said Supreme Court and Circuit Courts respec-
tively (1); and the practice and pleadings upon all actions, suits,
and other matters, both civil and criminal, indictments, and infor-
mations to be therein brought; the appointing of Commissioners
to take bail and examine witnesses; the examination of witnesses,
de bene esse, (2) and allowing the same as evidence; the proceed-
ings of the Sheriff and other ministerial officers of the said Courts
respectively; the process of the said Courts, and the mode of
executing the same; the summoning, impannelling, and challeng-
ing of jurors; the admission of barristers, advocates, attorneys,
solicitors, and proctors; the fees, poundage or perquisites to be
lawfully demanded by, and payable to, any officers, attorneys,
solicitors, and proctors in the said courts respectively; and touching
and concerning all such other matters and things necessary for the
proper conduct and dispatch of business in the said Supreme and
Circuit Courts respectively; and all such rules, orders, and regula-
tions from time to time, to evoke, alter, amend, or renew, as occa-
sion may require: Provided always, that no such rules, orders, and
regulations shall be repugnant to this our Charter, and that the
same shall be so framed as to promote, as far as may be, economy
and expedition in the dispatch of the business of the said Supreme
Court and Circuit Courts respectively, and that all such rules and
forms of practice, process, and proceeding shall, so far as the
circumstances of the said Colony may permit, be framed with
reference to the corresponding rules and forms in use in our Courts
of Record at Westminster, and that the same be drawn up in plain,
succinct, and compendious terms, avoiding all unnecessary repeti-
tions and obscurity, and promulgated in the most public and
authentic manner in the said Colony, for three months at least (3), Transmission of
before the same shall operate and take effect: Provided always, rules for the royal
that all such rules, orders, and regulations shall forthwith be trans- approbation or dis-

See 3 and 4 of Act 15, 1867, and § 9 of Act 39, 1877.
See Ord. 72, § 40.

3 See Act 15 of 1867.

allowance.

passing of laws res

cation of jurors.

Charter of Justice. mitted to us, our heirs and successors, under the Seal of the said Court, for our or their approbation or disallowance. (1) Provision for the 47. And whereas it may be expedient and necessary to make pecting the qualifi- provision respecting the qualifications of jurors, to serve in the said Courts and the mode of enforcing the attendance of such jurors, and it may also be expedient and necessary to make provision for the extension of trial by jury in the said Supreme Court, (2) or Circuit Courts, in civil cases: Now, we do further ordain, direct, and appoint, that it shall and may be lawful for the Governor, for the time being, of our said Colony, with the advice of the Legislative Council of Government thereof, to make and establish all such wholesome laws, statutes, and ordinances, as to them may seem meet, respecting the matters aforesaid; which laws, statutes, and ordinances shall forthwith be transmitted to us for our approbation or disallowance, in the manner prescribed by law respecting all other the laws, statutes, and ordinances made, or to be made, by the said Governor with the advice of the said Council.

Provision for the

ferior courts having

jurisdiction.

48. And whereas it may be expedient to establish within our constitution of in- said Colony Courts of Request, and other Courts having jurisdiction civil and criminal in civil cases of small amount or value, and in cases of crimes or offences not punishable by death or transportation: Now we do hereby authorise and empower the Governor, for the time being, of our said Colony, with the advice of the Legislative Council of Government thereof, by any Laws and Ordinances to be from time to time made for that purpose, to erect, constitute, and establish all such Courts of Request and other Courts having jurisdiction in civil and criminal cases within our said Colony: Provided that the jurisdiction of such Civil Courts shall not be extended to any case wherein the sum or matter in dispute shall exceed the amount or value of forty pounds sterling money, or wherein the title to any lands or tenements, or any fee, duty, or office may be in question, or whereby rights in future may be bound: And provided also, that the jurisdiction of such Courts in criminal cases shall not be extended to any case wherein any person may be accused of any crime punishable by death, transportation, or banishment from the said Colony. (3)

Framing of rules for such courts.

49. And we do hereby authorise and empower the said Governor, by and with the advice of the said Chief Justice and Puisne Judges of the said Supreme Court, for the time being, to. make, ordain, and establish all necessary rules, orders, or regula-. tions respecting the manner and form of proceeding in any such last-mentioned Courts, and respecting the local limits within which the jurisdiction thereof is to be exercised, and respecting the manner and form of carrying the judgments and orders of such

Courts into execution, and all such other rules, orders, and regula- Charter of Justice, tions as may be necessary for giving full and perfect effect to the jurisdiction of the said Courts. (1)

the Privy Council, in cases beyond

£500.

50. And we do hereby grant, ordain, and direct, that it shall, Right of appeal to and may be lawful for any person or persons, being a party or all parties to any civil suit or action depending in the said Supreme Court of the Colony of the Cape of Good Hope, to appeal to us, our heirs and successors, in our or their Privy Council, against any final judgment, decree, or sentence of the said Court, or against any rule or order, made in any such civil suit or action, having the effect of a final or definitive sentence; and which appeals shall be made subject to the rules, regulations, and limitations following, that is to say: in case any such judgment, decree, order, or sentence shall be given or pronounced, for or in respect of any sum or matter at issue, above the amount or value of five hundred pounds sterling, or in case such judgment, decree, order, or sentence shall involve, directly or indirectly, any claim, demand, or question, to or respecting property, or any civil right amounting to or of the value of five hundred pounds sterling, the person or persons feeling aggrieved by any such judgment, decree, order or sentence of the Supreme Court may, within fourteen days next after the same shall have been pronounced, made, or given, apply to the said Supreme Court, by petition, for leave to appeal therefrom to us, our heirs and successors, in our or their Privy Council; and in case such leave to appeal shall be prayed by the party or parties, who is or are directed to pay any sum of money, or perform any duty, the said Supreme Court shall, and is hereby empowered, either to direct that the judgment, decree, order, or sentence appealed from, shall be carried into execution, or that the execution Power of supreme thereof shall be suspended pending the said appeal, as to the said court to order or susCourt may in each case appear to be most consistent with real and sentence pending the substantial justice. And in case the said Supreme Court shall in either case. direct such judgment, decree, order, or sentence to be carried into execution, the person or persons, in whose favour the same shall be given, shall, before the execution thereof, enter into good and sufficient security, to be approved by the said Supreme Court, for the due performance of such judgment or order, as we, our heirs and successors, shall think fit to make thereupon; or in case the said Supreme Court shall direct the execution of any judgment, decree, order, or sentence to be suspended pending the said appeal, the person or persons against whom the same shall have been given, shall, in like manner, and before any order for the suspension of any such execution is made, enter into good and sufficient security, to be approved by the said Supreme Court, for the due performance of such judgment or order, as we, our heirs and successors, shall think fit to make thereupon: and in all cases, we

1 See § 7, Act 21 of 1876 and § 13, Act 17, 1886.

pend execution of

appeal and security