2. Every master of any ship who shall sign, and every shipper of goods who shall tender for signature, or shall cede, endorse, deliver, or negotiate any bill of lading executed within this Colony not written on stamped paper, shall be liable to a penalty not exceeding two pounds sterling, to be recovered as in this Act is provided. 3. Every person who shall cede, endorse, deliver, or negotiate any bill of lading not executed within this Colony which shall not be already stamped in this Colony and have the stamp duly cancelled, shall be bound, before ceding, endorsing, delivering, or negotiating the same, to place thereon an adhesive stamp of the value which would be required on the same bill if it were executed in this Colony, and to cancel such stamp in the manner required by the seventh paragraph of tariff No. 4. Every person who shall contravene this enactment shall be liable to a penalty of two pounds sterling, to be recovered as in this Act is provided. 4. The instruments mentioned in this tariff, other than bills of lading, must, as to some part thereof, be written upon, and not merely covered by, stamped paper, or otherwise they must have an adhesive stamp affixed and cancelled as in the fourteenth section of Act 3 of 1864 is mentioned. 8. TRANSFERS, BONDS, &c. On all transfers passed before the Registrar of Deeds, value 1000 0230 0 3 0 0 0 0 0 0 0 0 0 0 0 5 0 And for every additional £100 or fraction thereof Cessions of mortgage bonds, notarial or otherwise, onefourth of the stamp of the original bonds. On mortgage bonds(') passed before the Registrar of Deeds and general mortgages, commonly called "notarial bonds": Amount secured not exceeding £10 Exceeding £10 and not exceeding £20 No. 13-1870, 0 60 And for every additional £100 or fraction thereof 1. [Repealed by Act 17, 1873, § 1 and § 3 of that Act substituted. 2. All notarial bonds shall be either written upon or covered by stamped paper. 3. Underhand cessions of mortgage bonds must be written either upon stamped paper or upon paper having an adhesive stamp affixed and cancelled as in the fourteenth section of the Act 3 of 1864 mentioned or upon the bond ceded. When written upon the bond ceded, an adhesive stamp of the required value must be affixed to or upon such cession before delivery of the ceded bond to the cessionary, and the person ceding shall cancel such adhesive stamp by placing thereon in figures, in ink, the amount of the debt ceded, and by writing thereon his name, or the initials of his name, and the date on which he shall write the same. 16. MISCELLANEOUS ACTS. [Repealed by Act 20, 1884, and Tariff 16 of that Act substituted.], No. 14-1870.] ACT [May 5, 1870, Preamble. Divisions to which Act shall apply. Certificate for removal of stock be To Regulate the Removal of Cattle (!) within the Colony.(*) WHEREAS in consequence of the frequency of stock thefts in certain of the divisions of the Colony, it is necessary that means should be devised for regulating the removal of stock from place to place, with the object of rendering the removal of stolen animals more difficult and the detection of offenders more easy: 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 shall apply to such divisions of this Colony as shall be proclaimed in manner hereinafter mentioned, and no other. 2. It shall be the duty of every person desiring the removal of yond ten miles to be stock from any place to any other place, () to procure a certificate, signed by any Resident Magistrate, Justice of the Peace, Fieldcornet, or Landholder, stating the date upon which the same is granted, the name of the owner, and the number and description obtained. 1 The term Cattle, Stock or Animals in this Act to include Domesticated Ostriches, see Act 12, 1885. 2 Amended by Acts 20, 1889, and 12, 1891. Extended by Proclamation No. 262 of 1891 to Transkei, Tembuland, and Griqualand East. of the stock to be removed, the name of the place from which the same is being removed, and of the place to which it is being sent; and also the name or names of the driver or drivers thereof. No. 14-1870. Duty of landholder to grant certificate for removal of stock from his land. refuses. 3. It shall be the duty of any landholder to grant, free of charge, such certificate as aforesaid, written in such language, whether English, Dutch, or native, as such landholder may be able to write intelligibly, to any person who, being in the lawful possession of any stock, desires to remove the same from land occupied by such landholder; and the refusal by the master of any servant How, if landholder or apprentice to grant, in regard to any stock of such servant or apprentice lawfully running or being upon the land of the said master, such a certificate as is in this Act mentioned, shall be deemed and taken to be, for the purpose of the twenty-first (1) section of chapter 5 of the Act No. 15, 1856, commonly called the Masters and Servants Act, a refusal by such master to deliver such stock or to permit the same to be taken away; and the provisions of the said twenty-first section shall apply to such case as fully as if the same were herein again set forth. 4. It shall be the duty of any Magistrate, Justice of the Peace, Who required to Field-cornet, or Landholder, to whom application is made for such grant certificates. certificate as aforesaid, to grant a certificate, written in such language, whether English, Dutch, or native, as the person applied to may be able to write intelligibly, to the person applying for the same: Provided that the Magistrate, Justice of the Peace, Fieldcornet, or Landholder to whom application is made shall be satisfied that the stock for the removal of which the certificate is required are the property or in the lawful possession of the person about to remove the same. quired to produce 5. It shall be lawful for any Magistrate, Justice of the Peace, Persons driving Field-cornet, Police Officer, Constable, or Landholder, who shall find stock may be reany person driving stock, to call upon such person to produce such certificate. certificate as aforesaid, and if such person shall fail to produce &c., such certificate, or if the stock being removed shall not correspond On failure to proin all material respects with the certificate produced, or if the ice, & stock inay direction in which such person is proceeding with the stock shall unded. not correspond with the direction indicated in such certificate, or if the name of the person driving the stock shall not correspond with that in the certificate, then such Magistrate, Justice of the Peace, Field-cornet, Police Officer, Constable, or Landholder, if he shall be able to read such certificate, (*) may take possession of such stock and cause the same to be conveyed to the nearest pound, there to remain until liberated by order of the Resident Magistrate, or otherwise disposed of as hereinafter provided. (") stock impounded to 6. () The person causing any stock to be impounded as aforesaid Particulars, &c., of shall communicate to the poundmaster the circumstances under be advertised by This section is repealed by § 21, Act 18, 1873, but see § 15 of latter Act. 2 Printed as amended by Act No. 20, 1889. 3 See § 24, Act 15, 1892. poundmaster. No. 14-1870. Person claiming impounded stock, trate, and proceed which the same were seized, and the poundmaster shall forthwith notify, by advertisement to be published or made known in the manner in which the pound notices for such district are published or made known, the number and description of the stock, and such information regarding the same as the person impounding the stock shall have communicated to him. 7. () Any person claiming stock so impounded as his property, may apply to magis- or lawfully in his possession, may apply to the Resident Magistrate ings thereupon. or any Justice of the Peace of the district for an order for the liberation thereof, and such Magistrate or Justice of the Peace shall inquire into the case, and if satisfied that such stock is the property of the claimant, or was lawfully in his possession, then such Magistrate or Justice of the Peace shall give an order, in writing, directing the poundmaster of the pound in which such stock shall be impounded to deliver the same to the claimant upon paygrant certificate for ment of the pound fees and charges; and the poundmaster shall, Poundmaster stock released. Ordinance No. 16, 1817. to apply to at the time of the delivery of the stock, grant a certificate for the protection of such stock until the arrival thereof at the place to which it is intended to remove the same. 8. () Should the person claiming any stock so seized and imstock not released. pounded as aforesaid fail to show to the satisfaction of such Magistrate or Justice of the Peace that the stock claimed is his. property, or was lawfully in his possession, or should the stock be unclaimed for a period of one month after notice given by such poundmaster as aforesaid, then the same shall be dealt with in all respects as if such stock was impounded under the provisions of the Ordinance No. 16, 1847, entitled "Ordinance for the better regulation of Pounds and prevention of Trespasses," as the same Ordinance is, or may hereafter be, altered or amended by any Act or Acts of Parliament; and the proceeds of sale of any such stock shall be paid into the public treasury. Owner entitled to co npensation for po inded. 9. If any person found driving stock shall, upon being thereto stick wrongfully im- required, produce to the person requiring the same a certificate under the provisions of this Act, (2) and notwithstanding the stock found with such person shall be conveyed to the pound upon the allegation that the certificate produced is not proper and sufficient, () then the owner of the stock shall be entitled to recover compensation from such person for any damage which he shall have sustained by reason of the impounding of such stock, including all pound fees payable or already paid. Penalty on wilful im or malicious 10. (3) Any person who shall wilfully and maliciously, and pounding of stock. without probable cause, wrongfully impound any stock under colour of the provisions of this Act, shall be deemed guilty of a crime, and shall upon conviction be liable to be imprisoned, with or without hard labour, and with or without spare diet, for any 1 See § 24, Act 15, 1892. 2 Printed as amended by Act 20, 1889. * See § 5, Act 20, 1889. term not exceeding three months, or, if the Court shall see fit, to pay a fine not exceeding in amount ten pounds sterling, and further to pay to the owner of such stock such amount to cover expenses and damages as the Magistrate before whom the case is brought shall award, and as shall not have been awarded under the ninth section of this Act. No. 14-1870. ble interference with impounded stock. 11. Any person who shall by force or violence, or by threaten- Penalty on forciing to use force or violence, prevent or attempt to prevent any stock proceeding to Magistrate, Justice of the Peace, Field-cornet, Police Officer, Con- pound or rescuing stable, or Landholder from conveying to the pound any stock which he shall have a right under this Act to convey to the pound, or who shall rescue, or attempt to rescue, such stock against the will of the person in charge thereof, after the same shall have been impounded with any poundmaster, shall, upon conviction, be fined any sum not exceeding ten pounds, and shall, in default of payment, be imprisoned, with or without hard labour, for any term not exceeding two months. certificate. 12. Any person who shall knowingly grant any such certificate Penalty on false as aforesaid which shall contain any wilfully false statement or description in respect of any matter material to be stated or described therein, or who shall fraudulently alter any such certificate as aforesaid, shall upon conviction be imprisoned, with or without hard labour, for a period not exceeding six months. 13. The word "stock" in this Act shall mean any horse, gelding, mare, colt, filly, mule, or ass, or any bull, ox, cow, heifer, or calf, or any sheep or goat: Provided that (1) cattle employed in drawing any vehicle, whether inspanned or outspanned, or stock in the possession of the police shall not be deemed to be stock within the meaning of this Act. Definition of word "stock." Exemptions. claim Act to be in Certificates granted valid. 14. It shall be lawful for the Governor, at the request of the Governor may proDivisional Council of any division, from time to time to put this force, and may susAct in force in such division by proclamation published in the pend its operation. Government Gazette; and upon the like request, and in like manner, or when to the Governor it shall seem expedient, to suspend the operation of the Act for such time as the Governor may deem necessary: Provided that certificates for the removal of stock granted Claes not under by Resident Magistrates, Justices of the Peace, Field-cornets, or operation of Act. Landholders in places where this Act shall not be in operation shall be good, valid, and effectual in any division in which this Act shall be in force; and as often as this Act shall be in force in any division of the Colony, then the third and fourth sections of this Act shall be in force throughout the entire Colony. 15. No certificate which shall be issued under the provisions of this Act shall be construed to prevent any Magistrate, Justice of the Peace, Police Officer, or Constable from seizing or detaining any stock which he may have reasonable ground for supposing to 'Printed as amended by Act 12, 1891. Sections 3 and 4 to apply to whole Co lony. Powers of seizing have been stolen not stock suspected to affected. |