-consistory of the Dutch Reformed Church of Adelaide to the commissioners of the municipality of Adelaide shall be subject to the payment of transfer duty. No. 16-1965. Servitudes 5. Nothing in this Act, or in any transfer effected under this Act, shall extend to destroy or affect any condition or stipulation, affected. whether by way of servitude or otherwise, to which any land comprised in any such transfer would have been liable in case this Act had not been passed, or such transfer had not been made, save and except only the condition that such land should be used exclusively for church purposes. SCHEDULE. Agreement between the undersigned Minister, Elders, and Deacons of the the same. 1. Churchwardens will cause to be sold such a number of the erven now surveyed as they may need in aid of their funds to complete their new church. 2. Churchwardens will immediately after the sale, with consent of Government, transfer to the municipality of Adelaide the rest of the ground granted to them for church purposes. 3. Churchwardens will transfer all such erven as they may not need for church purposes to the municipality, in order, by the proceeds of the sale of said erven, to enable them to improve and repair the water furrow. 4. The commissioners of the municipality, on their part engage to carry out the original agreement between the Rev. Mr. Welsh and the originators of the town of Adelaide, viz.:-that a portion of the grazing ground adjoining the property of Mr. F. W. Pohl, equal in extent to the original glebe ground now to be ceded to the municipality, be transferred to the church as glebe ground, the church bearIng all expense of survey. (Signed) G. W. STEGMANN, Minister, on behalf of the Elders and Deacons of the (Signed) H. SPARKS, Chairman of Adelaide Adelaide, 8th February, 1862. Municipality. No. 17-1868.] [Sept. 2, 1868. An Act to Continue to the end of 1869 the Act No. 10 of 1864. [Expired.] No. 18-1868.] [Sept. 2, 1868 An Act to Provide for the Management of the Docks in Table Bay. [Repealed by Act 22 of 1872.] not No. 22-1868. No. 19-1868.] [Sept. 2, 1868, An Act to Amend Act No. 8 of 1855, entitled "An Act to Amend Ordinance No. 6 of 1853, entitled An Ordinance for the General Management and Regulation of the Customs in the Colony of the Cape of Good Hope.' [Repealed by Act 18, 1876.] No. 20-1868.] [Sept. 2, 1868. An Act to Repeal Act No. 5 of 1867, and to make provision relating to Contagious and Infectious Diseases affecting Cattle, Sheep, or other Domestic Animals. [Repealed by Act 27, 1893.] No. 21-1868.] [Sept. 2, 1868. An Act for further facilitating the Naturalization of certain Aliens. [Repealed by Act 2, 1883.] No. 22-1868.] ACT [Sept. 2, 1868, Preamble. Rights of Master To Remove Doubts as to the intent of the Act No. 19 of 1867. WHEREAS doubts have arisen in respect to the true meaning and intent of the Act No. 19 of the year 1867, entitled "Act to amend Act No. 11 of 1866-'67," and it is expedient to remove the same: 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: Nothing in the said Act No. 19 of the year 1867 contained to demand repayment shall be construed to diminish or impair the rights possessed not before the passing of the Act No. 11 of the year 1866-'67, by the of loans to Colonial Government affected. Master of the Supreme Court of demanding the repayment, at any time and at all times, when required, of any sums that may have been advanced by the said Master on loan to the Colonial Government, out of the moneys entrusted to him as custodian of the Guardians' Fund. No. 23-1868.] [Sept. 2, 1868, An Act to Amend the Act No. 12 of the year 1867. No. 24-1868.j [Sept. 2, 1868. ACT To Relax the Conditions of Grants of Crown Land in certain Divisions of the Colony. (1) WHEREAS in times past grants of land in certain of the Eastern Preamble. divisions of the Colony have been made by the Crown to private persons, on special conditions that they shall personally reside on such land, and be further liable to provide for the defence thereof, in manner set forth in the titles issued for the same: And whereas it does not appear to be necessary any longer to keep in force such special conditions, which have been found in certain respects irksome and vexatious: Be it 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: rent. 1. The quitrent payable in respect to lands heretofore granted Payment of quiton condition of personal occupation by the owners thereof shall continue to be payable for the same, and the quitrent to be paid for all lands to be hereafter granted in any of the divisions mentioned in the thirteenth section of the Act No. 2 of 1860, or in the divisions of King William's (2) Town and East London, shall be fixed in manner provided by the said Act No. 2 of 1860. sonal occupation can 2. From the taking effect of this Act any special conditions Condition of perwhich shall have been inscribed in any grant of land in this celled. Colony in respect to the personal residence on such land of the owner thereof, or in respect to provision for the defence of the same, shall be held to be cancelled. No. 25-1868.] [Sept, 2, 1868. An Act to Prevent the Spread of Contagious Diseases of the Military and Naval Stations of this Colony. [Repealed by Act 2, 1872.] No. 26-1868.] [Sept. 2, 1868. An Act for Raising the further Sum of Thirty Thousand Pounds for the Completion of the Dock in Table Bay. [Spent.] 1 See § 13 Sched. to Act 2, 1860. 2 See § 1 Act 8, 1868. No. 27-1868.] ACT [Sept. 2, 1868. Preamble. Formation of new border sanctioned. For the Better Protection of Her Majesty's Subjects on the Northern Frontier of this Colony. (1) WHEREAS it is expedient that better provision should be made for the peace and good order of that part of the Northern Border of this Colony comprising certain portions of the divisions of Namaqualand, Calvinia, Fraserburg, Victoria West, and Hope Town: Be it hereby 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: 1. It shall be lawful for the Governor, by proclamation to be by district on northern him issued and published in the Government Gazette, to define, and from time to time thereafter, if it shall seem to him fit, by a like proclamation, in like manner issued and published, to alter the limits of a district to comprise the whole or such portions of the divisions of Namaqualand, Calvinia, Fraserburg, Victoria West, and Hope Town, or of any of such divisions, as to the Governor shall seem fit. Governor may establish court for such district. Governor may ap cise jurisdiction and preside in such court. 2. It shall be lawful for the Governor to establish within such district such Court as hereinafter is described. 3. It shall be lawful for the Governor to appoint an officer to point officer to exer- exercise within such district as aforesaid the jurisdiction hereinwithin such district after described, and to preside in such Court as is herein before mentioned and hereinafter described, and such appointment shall be under the great seal of this Colony; and it shall be lawful for the Governor, when and so often as, by reason of the death, sickness, absence, or other incapacity of such officer, it shall appear to him to be necessary or expedient so to do, to appoint some fit and proper person to act as and in the stead of such officer within such district as aforesaid; and all deeds, acts, matters, and things which shall be done and performed by or before any person so appointed to act as aforesaid, under and by virtue of such his appointment, shall be as legal, valid, and effectual, to all intents and purposes, as if the same had been done and performed by or before such officer as aforesaid, instead of whom such person shall have been so appointed to act. Oath to be taken by officer and recorded. 4. Every person who shall in manner aforesaid be appointed to be such officer as aforesaid, or to act as or in the stead of such officer, shall, before exercising any of the functions of his office, take the oath of office set forth in the schedule hereunto annexed, marked A, before the Chief Justice or any of the Judges of the Supreme Court, or before any Justice of the Peace for any of the divisions comprising any part of the district for or in which such person is appointed to act, who are hereby empowered and required 1 See Acts 7, 1874; 29, 1868; 14, 1880. to administer the same; and every such person shall, so soon as he shall have duly taken the oaths aforesaid, cause such oaths to be recorded, and shall subscribe the same in the record book of the proceedings of his Court or of the Court in which he shall so have been appointed to act, as the case may be. No. 27-1868. ceedings of court de 5. The Court to be established under the provisions of this Act Nature and proshall be a Criminal Court of Record, and the pleadings and fined. proceedings thereof shall be carried on, and the sentences, decrees, judgments, and orders thereof pronounced and declared, in open Court, and not otherwise; and the several pleadings and proceedings of the said Court shall be in the English language, and the witnesses shall in all cases deliver their evidence vivâ voce and in open Court. Jurisdiction, pow 6. (1) Such officer as aforesaid shall have jurisdiction, without ers, and duties of appeal or review, in all cases of crimes and offences wherein any officer. person may be accused of any crime or offence not punishable by death, transportation, or banishment from this Colony; but it shall not be lawful for such officer to punish any offender in any higher or more severe manner than by a fine not exceeding twenty pounds, or by imprisonment, with or without hard labour, for any period not exceeding one year, or by imprisonment with spare diet, and with or without hard labour, for any period not exceeding three months, or by corporal punishment in any number of lashes not exceeding thirty-six, or by such imprisonment and such lashes, provided that in such last case the number of lashes shall not exceed twenty-four, and the period of imprisonment shall not exceed three mouths; and every prisoner sentenced to imprisonment shall be forthwith, or so soon as may be, sent to the gaol which shall happen to be nearest to or most easily accessible from the place where such prisoner shall have been tried; and there shall be forwarded along with such prisoner a copy of the sentence, which copy shall be signed by such officer as aforesaid, and may be supplemented by any remarks which such officer shall see fit to make upon the case, and shall be directed to the Resident Magistrate of the division within which such gaol shall be situate, who shall issue his warrant to the gaoler of such gaol to receive such prisoner and him safely to keep and deal with pursuant to the sentence passed upon him, in like manner as if such sentence were a lawful sentence to the same effect pronounced by such Resident Magistrate himself in his own Court; and such gaoler shall act in conformity with such warrant in like manner as if the same were issued by such Resident Magistrate in the ordinary performance of his duties as such. 7. In the trial of all cases by such officer as aforesaid, the proceedings shall be taken down in writing, and duly recorded; including in such proceedings the charge or complaint, the plea of the prisoner, the evidence in the case, together with any statement See also Act 7, 1874. YYY pro Record of ceedings to be taken. |