times as the council shall appoint, be handed by him to the auditors, and to such members of the council as the Mayor shall name, for the purpose of being examined and audited; and such abstract or balance-sheet, when found correct, shall be signed by the auditors, and shall be forthwith published by the Treasurer in one or more of the local newspapers. 83. [Superseded by § 15, Act 12, 1878.] 84. [Superseded by § 16, Act 12, 1878.] No. 1-1870. der, &c. Council may close burial-grounds. 85. The storing of gunpowder or other explosive or inflammable Storing of gunpowmaterial shall not be permitted, except by Her Majesty's Government for public purposes in such places as may be approved by Her Majesty's officers, or by other persons in such places as may be approved of and licensed by the Town Council for that purpose. 86. So soon as any burial ground or portion thereof shall become so crowded as to be, in the opinion of two-thirds of the council, dangerous to the public health, the council shall be empowered to give six months notice that burials therein shall cease; and after the expiration of the said term of six months any person causing any interment to be made therein shall be liable to pay a fine not exceeding fifty pounds, to be recovered in any competent court. 87. This Act may for all purposes be cited as "The Graham's Short title Town Municipality Act, 1869." No. 24-1869.] [October 18, 1869. An Act to provide for the Expenses of the Survey of Crown Lands for Lease, and for other purposes. [Repealed by Act 10, 1874.] No. 1-1870.] ACT [May 5, 1870. To Regulate the Apprehension within this Colony of WHEREAS it is expedient that better provision be made for the Preamble. 1833, repealed. 1. The Ordinance No. 98 of the year 1833, intituled "An Ordi- Ordinance No. 9, nance for facilitating the Apprehension and regulating the mode of Conveyance of Deserters from His Majesty's Land Forces within this Colony to their respective Corps, and for the more No. 1-1870. Authority for apprehending suspected deserters. prompt payment of Rewards and Expenses consequent thereupon," shall be and the same is hereby repealed. 2. It shall be lawful, upon reasonable cause of suspicion that a person is a deserter from Her Majesty's land forces, for any peace officer or constable, or, in the absence of such peace officer or constable, for any officer or soldier in Her Majesty's service or other person to apprehend or cause to be apprehended such suspected person and forthwith to bring him or cause him to be brought before any Resident Magistrate or Justice of the Peace living in or near the place where he may be so apprehended; and Proceedings of ma- such Magistrate or Justice shall inquire whether such suspected peace before person is a deserter, and may from time to time defer the said whom suspected per- inquiry and may remand the said person in manner prescribed for gistrate or justice of the son is brought. preliminary examinations in the case of persons accused of crimes: And if it shall appear to the satisfaction of such Magistrate or Justice, by the testimony of one or more witnesses, or by the confession of such suspected person, confirmed by some corroborative evidence, or by the knowledge of such Magistrate or Justice, that such suspected person is a deserter from Her Majesty's land forces, such Magistrate or Justice shall forthwith cause him to be conveyed to and delivered into custody at some military post, if at a reasonable distance, or otherwise to some public prison; and such Magistrate or Justice shall in every such case forthwith transmit to the officer commanding Her Majesty's forces in this Colony a descriptive return in the form prescribed in the schedule to this Act annexed, to the end that such person may in due course and with all reasonable speed be removed by order of such officer and proceeded against according to law. And such descriptive return shall, in the absence of proof to the contrary, be deemed sufficient evidence of the facts and matters stated therein, and such Magistrate or Justice shall also and at the same time send to the said officer a report stating the name or names of the person or persons by whom or by whose means the deserter was apprehended Reward for appre- and secured; and the said officer shall thereupon cause to be transmitted to the said Magistrate or Justice an order for the payment to such person or persons of such sum, not exceeding two pounds sterling, as such officer shall be satisfied he or they is or are entitled to according to the intent and meaning of the Mutiny Act Fee for medical in- in force for the time being, and of this Act; and any medical spection of suspected practitioner who, in the absence of a miltary medical officer, may have been required to examine such suspected person and to give a certificate of such examination, shall be entitled to a fee of five shillings upon his notifying the fact to such officer. hension of deserter. person. Gaoler required to suspected deserter. 3. Every gaoler, or keeper of any gaol or other public place of receive deserter, or confinement, is hereby required to receive and confine therein every person suspected of being or being a deserter who shall be delivered into his custody in the course of his transmission under the second section of this Act upon production of the warrant of the Magis trate or Justice before whom such person shall have been taken, or of some order of the officer commanding Her Majesty's forces in the Colony, which order shall continue in force until such suspected deserter shall have arrived at his destination; and every such gaoler or keeper shall be entitled to such subsistence money for the maintenance of such person as shall be directed by Her Majesty's regulations. No. 1-1870. suspected apprehending. 4. Every Resident Magistrate or Justice of the Peace before Inquiry to be made whom any suspected deserter shall be brought shall investigate the between to prevent collusion circumstances attending his apprehension, in order to ascertain deserter and person whether or not there is reason to suspect the existence of collusion between such suspected deserter and the person by or through whose means he shall have been apprehended, or whether such apprehension has been made in good faith; and such Magistrate or Justice shall briefly set forth such circumstances in the return in the second section hereof mentioned. SCHEDULE. No.-. Description Return of who was apprehended (or day of on the day of surrendered himself, as the case may be) on the -and was committed to confinement at as a Deserter (or suspected Deserter, as the case may be) from (insert Regiment or Corps). *It is important for the Public Service, and for the interest of the Deserter (or suspected Deserter, as the case may be), that this part of the Return should be accurately filled up, and the details should be inserted by the Magistrate or Justice, in his own handwriting, or under his direction by his clerk. No. 2-1870.] ACT [May 5, 1870. To Amend the Law relating to the Protection of Seamen's Clothing and Property. WHEREAS the clothing and property of soldiers are protected by Preamble. the restraint of the sale thereof, and it is expedient to make the like provisions with respect to seamen's clothing and property: 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. This Act may be cited as "The Seamen's Clothing Act, 1870." 2. The places to which this Act extends are the places specified in the schedule to this Act, and for the purposes of this Act the limits of those places shall be the limits specified in the second column of the said schedule. Short title. Places to which Act shall apply. terms. 3. In this Act the term "the Admiralty" means the Lord High Interpretation of Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral. The term seaman means every person not being a commissioned, warrant, or subordinate officer who is in or belongs to Her Majesty's Navy, and is borne on the books of any one of Her Majesty's ships in commission, and every person not being an officer as aforesaid, who, being borne on the books of any hired vessels in Her Majesty's service in time of war, is by virtue of any Act for the time being in force for the discipline of the Navy, subject to the provisions of such Act. The term "seaman's property' means any clothes, slops, medals, and necessaries, or articles usually deemed to be necessaries for sailors on board ship which belong to any seaman. 4. If any person in any place to which this Act extends detains, Person knowingly buys, exchanges, takes on pawn, or receives from any seaman, cr &c., seamen's proany person acting for a seaman, any seaman's property, or solicits herty liable to penalor entices any seaman, or is employed by any seaman, to sell, exchange, or pawn, any seaman's property, he shall, unless he proves that he acted in ignorance of the same being seaman's property, or of the person with whom he dealt being or acting for a seaman, or that the same was sold by order of the senior naval officer on the Cape of Good Hope Station, be liable, on conviction before the Resident Magistrate of the district in which such place shall be situate, to a penalty not exceeding twenty pounds sterling, and if convicted of a second offence, to a similar penalty, or, in the discretion of the Court, to be imprisoned for a term not exceeding six months, with or without hard labour, subject always to the provisions of the eighth section of this Act. 5. If in any place to which this Act extends any seaman's property is found in the possession or keeping of any person, and detaining, buying, ty. Person found in men's property, and possession of sea |