conformity with ministration, &c., by Account of fees. Ord. 103-1833. 12. And be it further enacted that with respect to all property, Administration, estates, matters, and things which shall by virtue of the provisions, by the of this Ordinance be placed under the administration of the Master laws governing ad- of the Supreme Court, he shall proceed in the administration, Orphan Chamber. distribution, and final settlement thereof in conformity with and according to the rules and regulations, in conformity with, and according to which the same ought by law to have been administered, distributed, and finally settled by the said Orphan Chamber, if it had continued to exist. And the said Master is hereby authoPayment of fees. rised and required from and after the said first day of March next to demand, exact, receive, and retain, in respect of such property, estates, matters, and things, and in respect of any proceedings touching or concerning the same all such fees as by law would have been due and could have been exacted by the said Orphan Chamber or any of the officers thereof, if such property, estate, matter, or thing had previously to the said day been administered, distributed, or finally settled by the said Orphan Chamber, or any of the officers thereof. And the said Master shall keep a separate and distinct account of all such fees so received or retained by him, and shall account for and pay over the same in like manner as is by law provided in respect of any other fees received or retained by him as Master of the Supreme Court: Provided always, that it shall and may be lawful for the said Master, in all cases in which it shall appear to him expedient so to do, to proceed in the administration, distribuAdministration tion, and final settlement of all such property, estates, matters, and things as aforesaid, in such manner and in conformity with and according to the rules and regulations which shall be provided respectively by the Ordinances Nos. 104 and 105, for the administration, distribution, and final settlement of any property, estate, matter, or thing which shall by the provisions of such Ordinances respectively be placed under the administration of the said Master. And provided also, that when under and by virtue of the provisions of this Ordinance there shall be paid to or received by the said Master any money belonging to any person or estate Wards' book, under his guardianship, then and in every such case it shall and may be lawful for the said Master to open a debit and credit account in the wards' book with the person or persons to whom, or the estate to which such money shall belong, and to pay such money into the discount bank, to be carried to the credit of the guardian's fund, in like manner in all respects as is provided by the twenty-sixth, twenty-seventh, twenty-eighth, and twenty-ninth sections of the Ordinance No. 105, touching and concerning any money therein mentioned. under Ordinances Nos. 104 and 105. guardians fund. No. 104.-Sd. G. Lowry Cole.] [July 5, 1833. 'Ordinance for regulating the Registration of Wills and the Administration of the Estates and Property of Persons WHEREAS it has been enacted by His Majesty's Royal Charter Preamble. of Justice dated at Westminster on the 4th day of May, 1832, that the Orphan Chamber within this Colony shall be abolished, and that the duties which have heretofore been performed by the said Orphan Chamber shall henceforth be performed by the Master for the time being of the Supreme Court: And whereas the registration of wills, and the administration of certain estates of persons dying within this Colony heretofore formed part of the duties of the said Orphan Chamber, and were performed by the said Orphan Chamber, and by the agents thereof according to certain regulations contained in certain "instructions" and provisional instructions for the Orphan Chamber," and in certain "instructions for the agents to the board of Orphan Masters in the country districts of the Colony of the Cape of Good Hope," which have heretofore been in force, or have been enforced in this Colony, and in the Ordinance No. 42: And whereas, by reason that the duties hereinbefore specified are henceforth to be performed by the Master of the Supreme Court, instead of by the said Orphan Chamber, many of the said regulations have become impracticable or inexpedient: And whereas it is now expedient, in certain respects, to alter and amend the law of this Colony in so far as relates to the registration of wills, and the administration of the estates and property of persons dying, either testate or intestate, in so far as the same are situated within this Colony: Be it therefore enacted by His Excellency the Governor in Council, that from and after the first day of March next, the instructions and provisional instructions herein before mentioned, as also the 'Ordinance No. 42, shall be and the same are hereby repealed, Repeal of instrucexcept in so far as it has been enacted and declared by the tions, &c., to Orphan Ordinance No. 103, that the said instructions and provisional Ordinance No. 42. instructions, and Ordinance, or any of the provisions thereof, shall subsist and have force and effect for regulating the administration, distribution, and final settlement of such property, estates, matters, and things, as by virtue of the provisious of the said Ordinance No. 103 shall be placed under the administration of the Master of the Supreme Court: Provided always, that nothing herein contained shall extend, or be construed to extend, to repeal any of the enactments or provisions of His Majesty's Order in Council dated 24th November, 1828. 'Ord. 6, 1843, to be read for Ord. 64 in this Ord. See § 134, Ord. 6, 1843, and Act 8, 1888: also § 1 et seq., Act 11, 1873. Chamber, and of Ord. 104-1833. &c., with Master. 2. And be it further enacted, that from and after the said first Lodging of wills, day of March next, it shall and may be competent for any person, to lodge in the office of the Master of the Supreme Court, enclosed under a sealed cover, any will, codicil, or testamentary instrument, executed by him; and the said Master shall keep, or cause to be kept, a register of the names and descriptions of the persons lodging every such deed, and of the date of lodging the same; and every such deed shall be kept under the charge and custody of the said Master, unopened, until the death of the maker thereof, unless re-delivery of the same shall be demanded by the said maker, or in his lifetime by his lawful attorney, specially authorised for that purpose by any deed duly executed by the said maker; and when any such deed shall be re-delivered in manner aforesaid, the maker, or his attorney, as the case may be, shall sign a receipt for the same in the margin of the aforesaid register, opposite to the entry of such deed. Register and custody of such testamentary deeds. Persons in posses sion of wills, &c., bound to transmit the Master in Cape dent magistrate in the country districts. 3. And be it further enacted, that from and after the said first on testator's death, day of March next, every person, who shall, at the time of the them forthwith to death of the maker thereof, have in his possession any deed being, Town, or the resi- Or purporting to be, or entitled the last will, codicil, or other testamentary instrument of any other person, or into whose possession any such deed shall come after the death of the maker thereof shall forthwith, by the first opportunity, deliver or transmit every such deed (1) at or to the office of the Master of the Supreme Court, when such possessor shall reside in Cape Town, or the district thereof, or the Cape district, or the district of Stellenbosch; and when such possessor shall reside in any other district of the Colony, then to the Resident Magistrate of the district in which he shall reside. And every such Resident Magistrate shall cause a copy of every such deed so delivered or transmitted to him to be made, and shall authenticate such copy with his signature, and shall forthwith, by the first opportunity, transmit the original deed to the office of the said Master of the Supreme Court, and shall keep and preserve the aforesaid copy thereof, until he shall receive information from the said Master that such original deed has been of safely lodged in his office; and when any such Magistrate shall receive information, that any deed transmitted by him as aforesaid to the office of the Master, has not arrived there, but has been lost or has miscarried, he shall forthwith, from the copy in his custody, cause another copy to be made, and shall authenticate such copy with his signature, and shall, by the first opportunity, transmit the same to the office of the said Master, and he shall proceed in like manner so often as may be necessary, until he shall receive information from the said Master that the copy so transmitted has been safely lodged in his office; and so soon as he shall be sa informed that such original deed or copy thereof has been safely Transmission copy in case of loss of original. lodged in the said office, the copy kept by the said Resident Magistrate in manner aforesaid, shall be delivered to any person having an interest therein, who shall apply for the same, or shall be destroyed if no such application be made within twelve months after the original shall have been lodged with such Resident Magistrate. (') Ord. 104-1833. destruction or con seven years 4. And be it further enacted, that if any person shall, either Penalty for theft, during the life of the testator or testatrix, or after his or her death, cealment of wills, steal, or for fraudulent any purpose destroy or conceal any will, &c.: imprisonment with codicil, or other testamentary instrument, every such offender hard labour. shall, being convicted thereof, be liable, at the discretion of the Court before which he shall be so convicted, to transportation from this Colony for seven years, or such other punishment by imprisonment with or without hard labour, for any period not exceeding seven years, or by fine, or by both, as the said Court shall award; and it shall not in any indictment for such offence be necessary to allege that such will, codicil, or other instrument, is the property of any person, or is of any value: Provided always, that nothing herein contained, relating to the said offences, nor any proceeding, conviction, acquittal, or judgment, to be had or taken thereupon, shall prevent, lessen, or impeach any remedy which any person aggrieved by any such offence might or would by law have had by Civil actions. means of any civil action, suit, or proceeding, if this Ordinance had not been passed; but nevertheless, the conviction of any such offender shall not be received as evidence against him, nor his acquittal as evidence for him, in any such civil action, suit, or proceeding against him. And no person shall be liable to be convicted of the offence aforesaid, by any evidence whatever, in respect of any act done by him, if he shall at any time previous to his being indicted for such offence have disclosed such act on oath, in consequence of any compulsory process of any competent Court in any civil action, suit, or proceeding, which shall have been bona fide instituted by any party thereby aggrieved, or if he shall have disclosed the same in any examination which he may have undergone under and by virtue of the provisions of the sixty-first and sixty-fourth sections of the Ordinance No. 64. 'forstolen or conceal 5. And be it further enacted, that the Chief Justice of the Colony, Warrants to search every Judge of the Supreme Court, and every Resident Magistrate ed wills by judges. or Justice of the Peace within the Colony, upon an information magistrates, &c. taken on oath, on oath, being transmitted to him by the AttorneyGeneral, or any Clerk of the Peace, or upon the information of any person, made on oath before any such Judge or Magistrate, that there is reason to suspect that any will, codicil, or other testamentary instrument, stolen or concealed for any fraudulent purpose, is concealed in any place within the jurisdiction of such Judge or Ord. 104-1833. Magistrate, may, by warrant under his hand, cause every such place to be searched during the day time. Master to the Court Application by 6. And be it further enacted, that, if any person, who shall be in or a Judge for an possession of any will, codicil, or testamentary instrument shall, order on persons re- after the death of the testator or testatrix, refuse or fail to deliver fusing to give up wills. or transmit the same in manner herein before provided, at or to the office of the Master of the Supreme Court, or to the Resident Magistrate of the district in which such person shall reside, the said Master is herewith authorised and required forthwith summarily to apply to the Supreme Court, or any Judge thereof, for an order. of such Court or Judge, on such person, forthwith to deliver to the said Master such will, codicil, or other instrument; and further, on proof that any such person hath refused or failed to obey such order, to apply for and obtain from the said Court, or any Judge thereof, a warrant for the imprisonment of such person, until he shall deliver up to the said Master every such will, codicil, or other instrument in his possession, or under his control. And every such warrant shall and may be executed in like manner in all respects as any arrest may be made under and by virtue of the provisions of the nineteenth section of the Ordinance No. 73. Enregisterment of wills, &c., at testator's death. Inspection and copies and extracts of wills. 7. And be it further enacted, that every deed, being or purporting to be, the will, codicil, or other testamentary instrument of any person which shall have been lodged in or delivered at or transmitted to the office of the Master of the Supreme Court in any manner herein before provided, shall after the death of the maker thereof, in the original be enregistered by the Master in a register to be by him for that purpose kept in his said office, and to be called the Register of Wills, for which purpose the said Master is hereby authorised and required to open or cause to be opened every such deed which may be sealed up: Provided always, that not withstanding any such registration, all questions as to the validity and legal effect of every such deed, shall be reserved and remain for the decision of the Supreme Court, or any Circuit Court, in which any action or suit shall be brought or shall depend touching or concerning the validity and effect of any such deed. 8. And be it further enacted, that it shall and may be lawful for any person, on any day, Sundays and holidays excepted, at any hour, when according to any regulation made by competent authority for that purpose, the office of the Master of the Supreme Court shall be directed to be kept open, to apply at the said office, and to demand inspection of any deed enregistered in the Register of Wills aforesaid, and to demand any copies or extracts thereof; and for every such inspection, copy, or extract, there shall be paid by the person demanding the same such fee as is specified in the schedule hereunto annexed, marked A: Provided always, that every person holding office under the Government of this Colony |