any order made for the sequestration of the estate of any such No. 31-1868. member. 11. Nothing in the three last preceding sections contained shall, Sections 8, 9, and apply to the inspector of the said force. 10 not to apply to inspector. execution of this Act titled to tender 12. For the protection of persons acting in the execution of this Persons acting in Act, all actions and prosecutions to be commenced against any to receive notice of person for anything done in pursuance of this Act shall be action, and to be encommenced within four calendar months after the fact committed, ainends. and not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant, together with the costs incurred up to that time; and if a verdict shall be given Costs of suit. for the defendant, or the plaintiff be non-suited or discontinue any such action after issue joined, or if upon execution, or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial shall be shall certify his approbation of the action and of the verdict obtained thereupon. 13. [Repealed by Act 14, 1880.] 14. Nothing contained in the Ordinance No. 25 of 1847, entitled "Ordinance for improving the Police of the Colony," shall extend to the force aforesaid in this Act mentioned. No. 30-1868.] [Sept. 2, 1868. An Act for applying a Sum not exceeding two hundred and eight thousand four hundred and two pounds and nineteen shillings for the Service of the year 1869. [Spent.] Ordinance No. 25 to the force em of 1847 not to extend bodied under this Act. No. 31-1863.] ACT [September 2, 1868. For Enabling the Divisional Council of Worcester to WHEREAS it is expedient that the Divisional Council of Preamble. No. 31-1868. Repugnant portions of Act No. 9 of 1858 repealed. Council may raise loan. only under resolu notice given. commonly called "the Hex River Kloof," commencing at the Hex River Bridge and ending a certain distance on the Karoo side of the Hex River Mountain, by which the inhabitants would be benefited And whereas the annual amount of road rates to be levied under Act No. 9 of 1858 is not sufficient to meet the first outlay of this work: 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: 1. So much of Act No. 9 of 1858, entitled "An Act to provide for the management of the Public Roads of the Colony," as is repugnant to or inconsistent with any of the provisions of this Act shall, so far as regards the provisions of this Act, be, and the same is hereby repealed. 2. It shall be lawful for the said Divisional Council to raise from time to time by way of loan, on the credit of any tolls to be levied or rates to be assessed under the Act No. 9 of 1858 aforesaid, or under the Act No. 10 of 1864, entituled "An Act to provide for the Construction and Maintenance of the Main Roads of the Colony," any sum or sums of money that may at any time be required by the said Divisional Council for the purpose of carrying into effect the object and purpose herein before mentioned: Loan to be raised Provided that no such loan as aforesaid shall be capable of being tion of council after effected except under and by virtue of a resolution of the said Divisional Council, at a meeting at which there shall be present not fewer than six members, exclusive of the chairman; and provided that no meeting shall be competent to pass any such resolution unless each of the members shall have had, for at least twenty-one days next before the day appointed for such meeting, a notice, signed by the Secretary to such Council, stating that the question of such loan will come under consideration of such meeting, which notice the said Secretary shall issue at the instance of any member of the said Council; and provided that no loan or loans. or debts contracted by said Council under this Act shall at any time re- exceed the sum of six (1) thousand pounds sterling; and provided strictions imposed. that no such loan as aforesaid shall be capable of being effected in any year in which the road rates levied and collected under the said Act No. 9 of 1858 shall be less than one penny in the pound on the value of the property liable to be rated in the said division able for paying off of Worcester; and provided that, except as is hereinafter mentioned, no such loan shall be applied for the payment of any previous loan that may have been raised by the said Council. Extent of limited. And certain Loan loan not avail previous loan, ex cept as hereinafter provided. Mode of raising loan. 3. In every case in which it shall be resolved by said Council to raise any such loans as aforesaid, the said Council shall, by a notice in the Government Gazette and in some newspaper published in or near the said division of Worcester, call for tenders for the sum or sums required, and in case it shall accept any of the tenders sent in, shall accept that which specifies the lowest rate of 1 Printed as amended by Act No. 19, 1875. interest; and the bond, declaration, or obligation pledging the tolls or rates agreed upon to be pledged for ensuring the repayment of the sum or sums borrowed by said Council, and the interest thereon, shall be signed by three members on behalf of such Council, of whom the Civil Commissioner of the division shall not be one. No. 31--1868. Bond by whom to be signed. borrowed for carry 4. And whereas the said Divisional Council has already Moneys previously borrowed a sum of one thousand pounds sterling upon the per- ing on work may be sonal security of the different members of the said Council, in repaid from loan. order that the aforesaid work may not be delayed, and which sum has been and is in the course of being expended upon the aforesaid road, be it enacted that it shall and may be lawful for the said Council to repay the aforesaid sum of one thousand pounds sterling out of the said sum of six (') thousand pounds sterling authorised to be raised under this Act. loan how to be ad 5. All moneys raised as aforesaid under this Act shall on receipt, Moneys raised on thereof be deposited in a bank, to be chosen for that purpose by ministered. the said Council, to the credit of a separate account, and all sums required shall be drawn by cheques signed by the secretary and countersigned by such one of its members, not being the Civil Commissioner, as shall be appointed so to do by the said Council. to be kept and half Secretary. 6. The said Council shall keep a separate and distinct account Separate account of all moneys received and expended by virtue of this Act, and yearly abstract forshall cause an abstract of the said account to be transmitted to warded to Colonial the Colonial Secretary half yearly, showing all moneys received and expended up to the 30th of June and 31st December then preceding, and all liabilities and assets on the same days. 7. The accounts in the last preceding section mentioned shall be audited and examined by the auditors to be from time to time appointed under the provisions of the "Divisional Councils Act, 1865," and the provisions of the eighty-third and eighty-fifth sections of the said Act shall extend and apply to all accounts, books, and papers connected with the said road." Audit of accounts. provided for. 8. It shall be incumbent on the said Council, and they are Repayment of loan hereby required, after the payment of the interest on any loan or loans as aforesaid, and providing for the necessary repairs of the said road, to set apart the remainder, if any, of the tolls levied on the said road, and the further sum of two hundred pounds sterling annually from their general revenues, in order to provide a fund for the repayment of the capital sums of money raised as aforesaid, until the same are wholly paid off and discharged. curing Act to be 9. All the necessary costs and charges and expenses attending Expenses of prothe procuring of this Act and carrying the provisions thereof into charged to loan. effect shall be paid out of the money to be received under the provisions of this Act. 10. This Act may be cited for all purposes as the "Worcester Short title. Divisional Council Loan Act, 1868." 1 Printed as amended by Act No. 19, 1875. No. 32-1868. No. 32-1868.] ACT [September 2, 1868. Preamble. claim road from lar Grove a road. Divisional councils Queen's Town in To Provide for the Maintenance of the Main Northern WHEREAS it appears that the Main Northern Road over the Katberg Pass will shortly be completed and open for traffic, from the limits of the division of Fort Beaufort to Poplar Grove, in the division of Queen's Town, and it is necessary to make provision for the due maintenance and repair of the said road: 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: Governor may pro- 1. It shall be lawful for the Governor, on receiving a certificate Blinkwater to Pop- from the Chief Inspector of Public Works that the road from the main limits of the division of Fort Beaufort, at Blinkwater, to Poplar Grove, in the division of Queen's Town, has been completed and rendered fit for traffic, to declare, by proclamation to be published in the Government Gazette, that such road is a main road; and of Stockenstrom and thereupon the Divisional Councils of Stockenstrom and Queen's vested with all pow-Town shall, in respect to the said road, be respectively invested existing Road Act. With all the powers, and shall become subject to all the liabilities, created by any Act now in force relating to main roads, for so much of the said road as passes through their respective divisions. named 2. It shall be lawful for the Divisional Councils of Stockenstrom maintenance of road, and Queen's Town, if to them it shall appear expedient, to make arrangements for entrusting the maintenance of the whole of the Council maintain- said road to one or other of the said councils; and thereupon the proceeds of all tolls which may be established on any part of the said road shall become payable to the Divisional Council so entrusted with the maintenance of the road; and it shall be lawful for such last mentioned Divisional Council, with the consent of the Governor, to exercise, in respect to the whole of such road, all the powers relating to the imposition and collection of tolls which are by the Act 10 of the year 1864 conferred upon Divisional Councils. 3. [Repealed by Act 26 of 1884.] Councils ing road to receive toll revenues. Duration of Act. 4. This Act shall be and continue in force to the 31st December, 1869, and no longer. No. 33-1868. [September 2, 1868. An Act to Make Provision for better defining the Boundaries of such Divisions of the Colony in which it may be necessary. [Repealed by Act 32, 1885.] 1 Continued to 31 Dec., 1870, by Act 22 of 1869, to 31 Dec., 1871, by Act 16 of 1870. Provisions extended and continued until the Legislature shall otherwise determine by Act 5 of 1871. But see Act 26 of 1884. No. 1-1869.] [October 18, 1869. No. 3-1869. An Act to Amend the Ordinance No. 16 of 1847, intituled "An Ordinance for the better Regulation of Pounds and Prevention of Trespasses." [Repealed by Act 15, 1892.] No. 2-1869.] [October 18, 1869 An Act to Make Provision for the more easy Collection of Hut Tax. [Repealed by Act 37, 1884.] No. 3-1869.] ACT [October 18, 1869. For Regulating the Execution of Capital Punishment. WHEREAS it is desirable that, whenever circumstances will admit Preamble. of it, capital punishment should in this Colony be carried into effect within the gaols: 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:- death to be carried gaol. 1. In any and in every case in which, after the passing of this Governor may Act, any prisoner shall be sentenced to death, it shall be lawful direct sentence of for the Governor, if he shall be satisfied that fitting arrangements out within walls of for the same can be made within the gaol in which such prisoner shall for the time being be confined, to order, by warrant under his hand, that the sentence of death shall be carried into effect within the walls of such gaol. 2. The High Sheriff or Deputy Sheriff charged with the execution, and the surgeon, gaoler, and such other officers of such gaol as the High Sheriff or Deputy Sheriff may require, shall be present at such execution, and any Justice of the Peace for the division in which such gaol may be situated, and any minister of religion residing therein, and such relatives of the prisoner or other persons as the High Sheriff or the Deputy Sheriff may deem proper, may be admitted within such gaol, for the purpose of being present at such execution. who required to be present at such execution. And who may be admitted to witness execution. Surgeon to certify tion to be signed by death, and declara all persons present 3. As soon as may be after judgment of death has been executed on the offender, the surgeon of the gaol shall examine the body, and shall ascertain the fact of death, and shall sign a certificate at execution. thereof, and deliver the same to the High Sheriff or Deputy Sheriff; and all other persons who shall be present under the provisions of the preceding section, together with the High Sheriff or Deputy Sheriff, shall sign a declaration to the effect |