Ord. 100-1833. charge of fire-arms are oftentimes disturbed and hindered, and their lives endangered by persons discharging fire-arms on the beach and in Table Bay: Be it enacted by His Excellency the Acting Governor in Council Prohibition of diss that from and after the passing of this Ordinance any person who within certain limits, shall discharge any musket or other fire-arm within two hundred yards of high-water mark on the sea shore extending between Three Anchor Bay and the mouth of the Salt River, or in the waters of Table Bay within two miles of such high-water mark as aforesaid, shall on conviction thereof pay a fine of not less than five shillings, and not exceeding one pound: Provided always, and be it enacted, that nothing herein contained shall be construed to prevent His Majesty's land and sea forces from discharging firearms in the execution of their duty. No. 101.] [November 11, 1833. Ordinance for Regulating the Trade in Gunpowder within this Colony. [Repealed by Ord. 7, 1834.] No. 102.] [December 13, 1833. Ordinance for continuing the Provisions of the Ordinance No. 97 until the 31st December, 1834. [Expired.] [July 5, 1833. No. 103.--Sd. G. Lowry Cole.] WHEREAS it has been enacted by His Majesty's Royal Charter Preamble of Justice, dated at Westminster, on the fourth day of May, 1832, that the Orphan Chamber within this Colony shall be abolished, and that the duties heretofore performed by the said Chamber should henceforth be performed by the Master for the time being of the Supreme Court of this Colony: Be it therefore enacted by His Excellency the Governor in Council that from and after the first day of March next the Orphan Chamber within this Colony, Abolition of orphan and the offices of the president, masters, secretary, bookkeeper, chamber. and clerks thereof, and of the agents thereof in the several districts of this Colony, shall be, and the same are hereby declared to be, abolished: Provided always, that it shall and may be lawful for the Governor of this Colony, by any proclamation to be by him issued for that purpose, to suspend the abolition of the offices of Ord. 103-1833. sion of abolition of Governor. every the secretary and bookkeeper thereof, and of such clerks and agents thereof, as to him shall seem fit, so long as the existence of such last-mentioned offices shall be necessary for the administration, distribution, and final settlement of all property, estates, matters, and things which previously to the said first day of March next, shall lawfully have come or been placed, and shall then be under Temporary suspen- the administration of the said Orphan Chamber. And such certain offices by the office the abolition of which shall be suspended by the said Goverror in manner aforesaid, shall be, and the same is hereby declared to be, finally abolished at such time as shall for that purpose be specified by the said Governor by any advertisement or advertisements inserted in the Governmeni Gazette of this Colony; and the duties of all such offices the abolition of which shall be suspended in manner aforesaid shall be performed, so long as such offices shall continue to exist, under the superintendence and subject to the directions, orders, and absolute control of the Master of the Supreme Court, by the persons holding the same, or by such persons as shall hereafter be appointed by the said Governor to perform the duties thereof. Performance by Master of the su hamber. 2. And be it further enacted that from and after the said first preme court of the day of March next all the duties which have heretofore been flutes of orphan performed by the said Orphan Chamber, except in so far as shall to the contrary be provided by this or any other Law or Ordinance, shall henceforth be performed by the Master for the time being of the Supreme Court of this Colony. Transfer of administrations from orphan chamber Master. 3. And be it further enacted that all persons, property, estates, to matters, and things, which have at any time lawfully fallen or been placed and taken under, and which on the said first day of March next, shall respectively be under the guardianship, charge, or administration of the said Orphan Chamber, shall be, and the same are hereby declared to be, from and after the said day, placed respectively under the guardianship, charge, and administration of the Master of the Supreme Court. Custody of books, Accounts and documents. Proceedings by Master to obtain pos books, .&. 4. And be it further enacted that on the said first day of March next all books, accounts, vouchers, and other documents, of whatsoever description, which, if the said Orphan Chamber had been in existence on that day, ought by law then to have been under the charge, control, or custody of the said Orphan Chamber, or of any of the officers thereof, shall be placed and shall thereafter be and remain under the charge, control, and custody of the Master of the Supreme Court. 5. And be it further enacted that from and after the said first session of property, day of March next, the Master of the Supreme Court shall, and he documents, is hereby empowered and required to demand and receive delivery and to take and keep possession of all property, estates, matters, and things, books, accounts, vouchers and documents, which, under and by virtue of the provisions of this Ordinance, shall be placed Ord. 103-1833. &c., to Master on and become under his administration, charge, control, or custody. And that if any such property, estates, matters, or things, or books, accounts, vouchers, or documents shall be withheld or withdrawn, or if any attempt shall be made to withhold or withdraw the same from his possession, charge, control, or custody, the said Master shall and may summarily apply for redress according to law in the premises to the Supreme Court, or if the said Court shall not then be sitting to some one of the Judges thereof, who shall thereupon respectively make such order as to such Court or Judge respectively shall seem proper and necessary for carrying into effect the provisions of this Ordinance: Provided always, that Delivery of bonds, nothing herein contained shall extend or be construed to extend inventory. to prevent the said Master from bringing any action or actions in regular form against any person or persons where such a mode of procedure shall be necessary or expedient for the better carrying into effect the aforesaid provisions of this Ordinance. And provided also, that all bonds and other vouchers of any debts thereon payable to the Orphan Chamber, or due or payable or belonging to any person or estate which having been under the guardianship, charge, or administration of the Orphan Chamber, shall by virtue of the provisions of this Ordinance have been placed under the guardianship, charge, or administration of the said Master, shall be delivered to and received by the said Master on inventory, which shall be signed by the said Master and by the person or persons by whom the said bonds or vouchers are delivered to the said Master, and shall thereupon be filed in the office of the Registrar of the Supreme Court. Payment of money to Master, 6. And be it further enacted that on the said first day of March next all sums of money which shall form part of any estate or estates, or of any fund under the administration of the said Orphan Chamber, and which shall then be in the charge, possession, or custody of any officer or officers of the said Orphan Chamber, shall by such officer or officers be paid over to the said Master, who shall grant to him or them a receipt for the same. And every such receipt by the said Master shall be a full and sufficient discharge to such officer or officers for the sums therein acknowledged to have been received by the said Master. And all sums of money which by virtue of the provisions of His Majesty's Order in Council dated 28th November, 1828, or otherwise, have been paid Transfer of bank into the discount bank, and in the books of such bank have been carried to the account of the said Orphan Chamber, shall on the said first day of March next be in the books of the said bank carried to the account of the Master of the Supreme Court. account to Master. 7. And be it further enacted, that from and after the said first Powers of Master. day of March next, the Master of the Supreme Court shall and he is hereby authorised and required to do, and cause to be done, every matter and thing, which by virtue of the provisions of His Majesty's Order in Council dated 28th November, 1828, the Ord. 103-1833. Authority to Master to take up and carry on, and to institute actions. in bonds, &c. said Orphan Chamber, or any of the members or masters thereof, is or are authorised or required to do, or to cause to be done. 8. And be it further enacted, that from and after the said first day of March next, it shall and may be lawful for the Master of the Supreme Court, as such, without any previous application to any Court or Judge, to take up, continue, and carry on all actions and other legal proceedings which shall have been instituted by or against the said Orphan Chamber, in respect of, or with relation to any person, property, estate, matter, or thing under the guardianship, charge, or administration of the said Orphan Chamber, and which shall on the said first day of March next be still pending in any Court in this Colony. And likewise to institute every action or other legal proceeding in respect of or with relation to any such person, property, estate, matter, or thing, which the said Orphan Chamber, if it had continued to exist, might lawfully have instiProceedings to call tuted in respect of or with relation to the same: Provided always, that it shall not be lawful for the said Master to institute any proceedings for calling in or enforcing payment from any person whose estate shall not be under sequestration as insolvent or who shall not have committed an act of insolvency, of any capital which shall have been lent out to such person by the said Orphan Chamber, without first advising thereupon with and obtaining the consent thereto of the Treasurer-General and Auditor-General of this Colony, or any other two persons holding civil offices under the Government of this Colony, who shall be from time to time appointed for that purpose by the Governor; or in the event of both or either of them refusing such consent unless he shall have applied to and obtained from the Supreme Court or any Judge thereof an order of such Court or Judge authorising the said Master to institute proceedings for the purpose aforesaid. Transfer of im- 9. And be it further enacted that from and after the said first movable property. day of March next the Master of the Supreme Court shall be and he is hereby empowered and required to execute legal transfers in favour of persons legally entitled thereto of all immovable property which having at any time been or placed or taken under the administration of the said Orphan Chamber, shall not previously to the said day have been duly transferred to the persons entitled by law to receive transfer of the same, and generally to execute every such deed and to do and cause to be done every such matter and thing touching and concerning any person, property, estate, matter, or thing, who or which shall under and by virtue of the provisions of this Ordinance be placed under his guardianship, charge, or administration, as the said Orphan Chamber, if it had continued to exist would have been legally authorised or could have been legally required to execute or to do or cause to be done touching and concerning the same. Chamber to be against Master, exactions for duct by officers of 10. And be it further enacted that from and after the said first Ord. 103 -1933. day of March next it shall and may be lawful for any person who Proceedings at law if the said Orphan Chamber had continued to exist might then against Orphan lawfully have instituted any action or other legal proceeding brought or continued against the said Orphan Chamber in respect of or in relation to any cept person, property, estate, matter, or thing, who or which shall by damages for miscon virtue of the provisions of this Ordinance have been placed under the chamber. the guardianship, charge, or administration of the Master of the Supreme Court, to institute any such action or legal proceeding against the said Master as such, and in place of the said Orphan Chamber. As also to continue and carry on any action or other legal proceeding which previously to the said first day of March next any such person shall have instituted against the said Orphan Chamber in respect of or with relation to any such person, property, estate, matter, or thing as aforesaid against the said Master as such, and in the place of the said Orphan Chamber: Provided always, that nothing herein contained shall extend or be construed to extend to make it lawful for any person to continue and carry on, or to institute against the said Master any action or other legal proceeding which such person shall, previously to the said first day of March next have instituted, or, if the said Orphan Chamber had continued to exist, might have instituted against the said Orphan Chamber or any person or persons who shall at any time have been members or officers of the said Chamber, for reparation of any loss, damage, or injury which shall be alleged to have been at any time occasioned by any act improperly done or omitted to be done by the members or officers of the said Orphan Chamber or any of them in the performance of the duties of their office. And that nothing herein contained shall extend or be construed to extend to free, of such officers. discharge, or relieve any person or the heirs, executors, or representatives of any person who shall at any time have been a member or officer of the said Orphan Chamber from any obligation, claim, or demand in or to which any such person has at any time made himself or his heirs, executors, or representatives, liable by reason of any act improperly done or omitted to be done by such person in the performance of the duties of his office of member or officer of the said Orphan Chamber. Liability of he`rs 105. 11. And be it further enacted that the Master of the Supreme Duties of Master Court, so soon after the said first day of March next as may be, under Ordinance No. shall in order to provide for the proper custody, care, control, maintenance, and education of all such persons as shall by virtue of the provisions of this Ordinance be placed under his guardianship and charge, do, and cause to be done, every act and thing which by the provisions of the Ordinance No. 105, he shall be authorised and required to do or cause to be done with reference to the custody, care, control, maintenance, and education of such persons as shall by virtue of the provisions of that Ordinance be placed under his guardianship and charge. |