No. 10-1867.] [August 16, 1867. AN ACT For Encouraging the Introduction into the Waters of this tively. (1) WHEREAS it is desirable, in many cases in this Colony, that Preamble. fishes not native to certain waters in the said Colony should be introduced into the same, respectively, for the purpose of being therein propagated: And whereas divers private individuals are or may be willing to introduce the same, or the spawn or fry thereof, into certain rivers or other waters of this Colony, if there be provided by law means for protecting the same fish, spawn, and fry respectively, when introduced: Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows: for leave to introduce cil may grant leave 1. It shall be lawful for any person to apply in writing to the Application Governor for leave to introduce into any river or part of any river, and for protection of or other water in this Colony, to be in each case defined in such fish, how to be made. application, any fish, or spawn, or fry of fish not native to such river, the name or kind of such fish, spawn, or fry to be also defined in such application, and to state in such application what degree and nature of protection within the provisions of this Act Governor in Counthe applicant requires for such fish, spawn, or fry, or all or any and provide for proof the same, and thereupon it shall be lawful for the Governor, tection. with the advice of the Executive Council, to grant such leave, and to make such provision for the protection of such fish, spawn, and fry, or any of them, as is hereinafter provided, on condition that such fish, spawn, or fry shall be actually introduced into such Limits of waters river, part of river, or other water, within such time as shall be protected to be deagreed on between such applicant and the Governor. If leave shall be granted, as hereinbefore is provided, it shall be lawful for the Governor, with the advice of the Executive Council, by proclamation, which shall be published in the Government Gazette, to order that within the limits to be defined in such proclamation, such limits not being extended beyond the rivers, parts of rivers, or other waters, respectively, for which protection shall have been asked and which it shall be deemed by the Governor in Council necessary or expedient to protect for the purpose of securing the propagation, or a fair chance of the propagation, of the fish, fry, or spawn proposed to be introduced as aforesaid, no person, or no person other than the applicant, or his agents or servants in that 1 See Acts 7, 1883; 29, 1890; 15, 1893. fined, and destruc tion of fish prok bited by proclamatio.. No. 10-1867. Duration of protection. behalf, or other persons thereto by him, his heirs, or executors, duly authorised, shall, during such period as shall by the said. proclamation be defined, not exceeding six years, otherwise or to any degree than may by such proclamation or any other subsequent proclamation made in that behalf with the like advice, and published in the Government Gazette, be expressly permitted, knowingly kill, take, or destroy, or endeavour or attempt to kill, take, or destroy, any such fish, spawn, or fry as aforesaid, or use any net, engine, or instrument other than, or in other ways or times than, n ay by such proclamation or any subsequent proclamation in that behalf, to be made with the like advice, and published in the Government Gazette, expressly be permitted, with intent to, or calculated to, or the probable result of the use whereof wou'd be to kill, take, or destroy such fish, fry, or spawn, or any of them. 2. After the publication of such proclamation, and so long as the same shall remain in force by reason that the time limited therein shall not have expired, and that the same shall not have been recalled or altered by a new proclamation in that behalf, and if the same shall have been altered as aforesaid, then so long as the said new proclamation, or any proclamation altering the same shall in like manner remain in force, the proclamation which shall for the time being be in force as aforesaid shall be considered as having the force and effect of law, as if the terms thereof were inserted in this Act, so far as the same are authorised by this Act; Penalty for contra- and any person contravening the provisions thereof, so far as the same are so authorised, shall be liable to forfeit any net, engine or instrument which shall have been used by him in contravention of such proclamation as aforesaid, and, further, shall be liable, on conviction, to pay any penalty not exceeding twenty pounds, and to be imprisoned for any period not exceeding three months, unless the fine be sooner paid. vention. be altered or pealed. re Proclamation may 3. It shall be lawful for the Governor, with the advice of the Executive Council, from time to time to repeal or alter any such proclamation as aforesaid, and with the like advice, from time to time, if it shall seem right, either to substitute any other provisions authorised by this Act for the provisions thereof, or to repeal and recall the provisions thereof; and such new provisions, if any, or such repeal or recall of the provisions theretofore in force, shall be published in the Government Gazette and from the date of such publication shall take effect either to alter or to recall the provivisions theretofore in force, according to the tenor of such new proclamation, so far as the same shall be authorised by this Act. No. 11-1867.] [August 16, 1867. ACT To make Provision for the Payment of Judgment Debts found to be due by Public Bodies empowered to levy Rates. (1) WHEREAS it is expedient that provision should be made for the Preamble. payment of just debts, liabilities, and obligations found to be due or payable by public bodies empowered to levy rates: Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows: Proceedings upon insufficiency of as 1. Whenever any judgment shall be recovered, or decree or order lawfully made in or by any competent Court, for the pay- sets to satisfy judgment by any public body empowered to levy rates of any sum of ment. money for debt, damages, costs, or other cause whatsoever, to any party to a cause or suit, or any person whatsoever, in case it shall appear by the return of the Sheriff or other officer whose duty it may be to execute any such judgment, decree, or order, that such Sheriff or other officer has not found sufficient assets of such public body available to answer such judgment, decree, or order, to satisfy the same, it shall be lawful for the party or person to whom such sum of money shall have been payable to apply by petition to the Supreme Court, or in case the rateable property upon which such public body is empowered to levy rates shall be situate within the local limits of the jurisdiction of the Court of the Eastern Districts, then, if such creditor shall so elect, by petition to such last-named Court, in either case annexing to such petition copies of the judgment, decree, or order, and of the writ or warrant of execution and of the return thereto, and praying for such relief in the premises as the said Courts respectively shall be empowered to afford; and a rule nisi shall thereupon be granted, Court may grant requiring such public body to show cause why the relief prayed should not be granted. rule nisi. how returnable. absolute. 2. Such rule shall thereupon be served upon such public body Service of rule, and at their office, or if the Court shall otherwise order, then in such manner as the Court shall direct, and shall be returnable in such manner as the Court by general or any special order shall direct. 3. If before the time for showing cause against such rule the Rule may be made said judgment, decree, or order shall not be satisfied in full, together with interest and costs properly incurred in respect thereof, and if at the time for showing cause as aforesaid, or such adjourned time as the Court may order, either then, or from time to time, no sufficient cause shall be shown against the making absolute of such rule, then the same shall be made absolute; and ' Extended by Proclamation No. 80 of 1890 to all the Native Territories. No. 11-1867. if such public body shall not satisfy the said Court by sufficient securities that it can and will fully satisfy such judgment, decree, or order, with interest and all costs properly incurred in respect thereof, and also such other debts as are hereinafter mentioned, if And a rate assessed any, with interest, within a reasonable time, to the satisfaction of to satisfy judgment. the said Court, then the Court shall assess and impose such a rate or rates on the rateable property upon which such public body is empowered to levy rates, to be levied at such time or times as to the said Court shall seem fit and necessary, to satisfy, either at once or by instalments, as to the said Court shall seem right, from and out of the net proceeds of such rate or rates, all moneys payable under or by virtue of such judgment, order, or decree and also, if the Court shall see fit so to order, such other moneys as are hereinafter mentioned: Provided, always, that no such rate shall exceed one penny per pound of the value of every rateable tenement upon which such public body is empowered to More than one rate levy rates; but a second rate not exceeding one penny per pound shall be assessed; and so on until all such debts and costs as But not within aforesaid shall have been finally discharged: Provided that not less than twelve months shall elapse between the day on which any preceding rate became due and payable and the day upon which any succeeding rate shall become due and payable. Rate limited. may be assessed; twelve months. Court may order inquiry by Master into further liabilities. Master to call meeting of creditors. Proof of debt. Liabilities report liquidated out of rate assessed. 4. If on showing cause against such rule nisi as aforesaid, it shall appear to the Court that there are other debts due by the public body on which such rule has been served, which will not probably be paid without the intervention of the Court, it shall be lawful for the Court, but not imperative upon it, if it shall make absolute such rule, before assessing such a rate or rates as aforesaid, to order an inquiry before the Master whether any, and what, debts other than that upon the said judgment, decree, or order are due by the said public body to any, and what, persons. 5. If the Court shall make such order, then the Master shall, by a notice of not less than twenty-one days in the Government Gazette and one or more papers circulating in the district within which the property rateable by such public body shall be situate, a copy of which notice shall be affixed on the door of the Magistrate's office of the district, call a meeting of all persons claiming to be creditors of the said public body, for proof of debts, and such debts, if not admitted by the said public body, or evidenced by their books and accounts, shall be proved by affidavit ; and any such person claiming to be a creditor may appear and prove his debts by proxy. 6. When by the report of the Master the Court shall be informed ed by Master may be of the whole amount of the debts found by him to be due and owing by such public body, whether there be or be not other disputed claims, it shall be lawful for, but not imperative on, the Court to include the debts so found to be due or owing in the sum for the payment whereof such rate or rates as aforesaid shall be by the said Court assessed and levied; and the net amount or amounts No. 11-1867. assessed and levied by means of such rate or rates as aforesaid shall be paid and administered, first in defraying the costs of the Apportionment of petitioner as well of the petition and the proceedings thereunder such case. as of his original action or suit against the said body incurred subsequent to judgment, and thereafter, save as hereinafter is mentioned, in payment of the claims of such petitioner and the other creditors, if any, pro rata, until all the debts proved, with interest thereon, shall be fully satisfied. 7. The decision of the Master as to any claim of debt shall be open to review by the Court, which may direct such debt to be proved in such manner as it shall see fit, or may direct an action to be brought for the purpose of establishing the same; but it shall not be compulsory on such Court to delay the assessment or levy of such rate or rates as aforesaid until such claim shall be finally decided. Proof of debt alject to review. lowed by Master sub Assessment of rate ed thereby. not necessarilydelay ages may be includtion of which rate is assessed. 8. If any judgment for damages shall be recovered by any Judgment for damperson against such public body, pending the proceedings under ed in sum for liquidasuch petition as aforesaid, and before such rate or rates shall have been ordered by the said Court to be levied, then it shall be lawful for the person so recovering judgment to enter before the Master a claim upon such judgment, and to make application to the Court to be admitted to the benefits of the proceedings pending, and the Court may allow such application, and take such judgment into account in assessing such rate or rates as aforesaid. Court to appoint receiver of rates. 9. As often as the Court shall assess any rate for the purpose of paying any creditor or creditors under this Act, such Court shall appoint a receiver, who shall be charged with the recovery of such rate, and who shall give security for the due performance of his office, and shall be entitled to such percentage or other remuneration as the said Court shall fix, and shall conform to all instructions regarding the custody of the moneys received by him, or other matters, as the said Court shall from time to time issue for his guidance. Notice shall be given in the Government Gazette, Notice of rate asand also in one or more newspapers circulating in the district sessed and when due. within which the property to be rated shall be situated, and a like notice affixed on the door of the Magistrate's office of the district, of every rate assessed as aforesaid, and of the day on which such rate will become due and payable, and such notice shall be in substance as follows: (NAME OF PUBLIC BODY.)—RATE UPON IMMOVABLE PROPERTY. Notice is hereby given that the Honourable the (Supreme Court Form of notice. |