Ord. 105-1833. before judge, magis the peace. 45. And be it further enacted, that every person who shall be Oath of appraisers appointed by the Master of the Supreme Court to act generally as trate, or justice of an appraiser of such estates or properties as aforesaid shall, before he shall proceed to act in virtue of such appointment, take an oath before any Judge of the Supreme Court, Resident Magistrate, or Justice of the Peace, that he will appraise all such estates or properties as may be submitted to his valuation according to the just, proper, and true valuation thereof, to the best of his skill and knowledge, and shall transmit the said oath so taken by him and certified by the Judge, Magistrate, or Justice of the Peace before whom the same shall have been taken to the office of the said Master; and when any such person or persons shall be appointed in manner aforesaid to appraise any particular estate or property, it shall and may be lawful for the said Master in such his appointment, to direct whether such person or persons shall be required before proceeding to make such appraisement, to take such oath as aforesaid or not: Provided always, that when any such person or persons as last above mentioned shall have made such appraisement, without having taken such oath as aforesaid, it shall and may be lawful for the said Master, or any person having an interest in the estate or property appraised, to require that the person or persons by whom the same has been appraised shall before such appraisement shall be received and acted on take an oath in manner aforesaid that such estate and property has been by him or them appraised according to the just, proper, and true valuation thereof, to the best of his or their skill and knowledge. Laws, &c., repealed 103 and 101 not re expressly re-enacted in this Ordinance. 46. And be it further enacted, that nothing herein contained by Ordinances Nos. shall extend or be construed to extend to revive or preserve in vived, except where force or effect the "provisional instructions for the Orphan Chamber," or the "instructions for the agents to the Board of Orphan Masters in the country districts of the Colony of the Cape of Good Hope," or the Ordinance No. 42, or any other Law or Ordinance repealed or altered by the provisions of the Ordinances Nos. 103 and 104, except in so far as any of the provisions of such instructions, laws, or ordinances so repealed or altered shall have been expressly re-enacted by some special provision of this Interpretation of Ordinance. And that, whenever and so often as the words " any force prior to the law in force within this Colony prior to the passing of this passing of this ordi- Ordinance" occur in any of the provisions of this Ordinance, then words,-"any law in nance." and in every such case the said words shall be construed and deemed and taken to mean such law as was then in force within this Colony, independently and exclusively of the provisions or enactments of the said instructions and of the said Ordinance No. 42, so repealed or altered as aforesaid, and of any other instructions or regulations which had at any previous time been in force within this Colony touching or concerning the functions, duties, or powers, of the Orphan Chamber. SCHEDULE A. Form of Letters of Confirmation of Tutors. These are to certify that A. B. has been duly appointed and is Letters of confirhereby authorised to act as the tutor testamentary (or dative, as the mation of tutors, case may be) of C. D. (Signed) Cape Town, the day of E. F., Master of the Supreme Court. 18-. SCHEDULE B. Form of Letters of Confirmation of Curators. These are to certify that A. B. has been duly appointed and is of curators. hereby authorised to act as the curator nominate of the estate given (or bequeathed, as the case may be) to C. D. by G. H. (here describe the deed of gift or bequest by its date and otherwise, or as the case may be), as the curator dative of the estate of C. D. Cape Town, (Signed) E. F., Master of the Supreme Court. 18-. SCHEDULE C. Tariff of Fees to be taken by Tutors and Curators, under and by virtue of the provisions of this Ordinance. (See Section 39.) SCHEDULE D. [Repealed by Act 20 of 1884.] SCHEDULE E. Tariff of Fees to be paid to Appraisers, under and by virtue of the provisions of this Ordinance.-(See Section 44.) Fees of tutors and curators. Fees of appraisers, No. 1.] [August 31, 1826. For establishing a Toll at Du Toit's Kloof in the District of Stellenbosch. [Expired in 1831.] No. 2.] [Dec. 5, 1826. For preserving the Brushwood along the coast at Port Elizabeth. [Lapsed in the disallowance of Ordinance No. 1 of 1825.] No. 3.] [Dec. 29, 1826. For the better regulation of the Turnpikes on the Road leading from Cape Town to Simon's Town, through the Upper and Lower Gates of the Military Lines, and for fixing the Tolls to be levied thereat. [Repealed by Ordinance No. 3, 1845.] Preamble. No. 4. (Local).-Sd. G. Lowry Cole.] ORDINANCE [Sept. 1, 1829. For authorising a Sum of Money to be raised in Shares for WHEREAS several persons have subscribed certain sums of money for the purpose of erecting a church at Cape Town for the celebration of divine service according to the rites of the United Church of England and Ireland as by law established, on the site consecrated for that purpose by the late Lord Bishop of Calcutta, upon the principle that such subscribers should have a right of property in the pews of the said church, and in or about the month of October, in the year of our Lord 1827, a committee of management was appointed for carrying their intention into effect, which committee hath received part of the said subscriptions together with several sums of money from various persons by way of donations for furthering the building of the said church: And whereas His Excellency the Governor hath agreed to grant from the treasury of this Colony towards the building and completing the said church, to the persons who shall undertake and become bound for completing the same, a sum not exceeding the sum of five thousand pounds sterling, in manner following, that is to say, the sum of five hundred pounds when the foundations are up to the surface and completed; five hundred pounds when the walls are as high as the bottom of the windows; five hundred pounds when the walls are as high as the tops of the windows; one thousand pounds when the walls are roof high, the wall-plates on, and the roof in frame; one thousand pounds when the mason's and bricklayer's work is completed, including the tower; five hundred pounds when the plastering inside and outside is completed; five hundred pounds when the joiner's work is completed; and the remainder of the said sum of five thousand pounds to be paid when the whole building is taken over from the contractors in a complete state: And whereas the said committee have received and approved of a plan and specification for building the said church, together with tenders for the building thereof according to the said plan and specification, but the several sums before mentioned have been found to be insufficient for completing the said building; whereupon at a public meeting of the said subscribers and committee of management, holden pursuant to advertisement and notice thereof in the Commercial Advertiser newspaper on the twenty-seventh day of August now last, it was agreed and resolved by the said subscribers and committee of management (amongst other things) that the said scheme should be peremptorily relinquished, and that in order to raise a sum of money amounting together with the said sum to be granted by His Excellency the Governor as aforesaid and the said donatious to the sum of twelve thousand and seventy pounds, being near or about the estimated cost of building and completing the said church, a certain number of shares should be disposed of,-that is to say, the number of two hundred and fifty shares at twenty-five pounds each: And whereas several of the said subscribers and other persons have agreed to take shares in the said loan as aforesaid, that is to say, the Honourable Sir John Wylde, Knight (Chief Justice of this Colony), the Honourable Lieutenant-Colonel John Bell, C.B., and the Reverend George Hough, M.A., ten shares each; Lieutenant-Colonel William Hopper, eight shares; Rice Jones Jones and Hamilton Ross, six shares each; George Thompson and John Bardwell Ebden, five shares each; William Hayward (Assistant Commissary-General), the Reverend Edward Judge, M.A., William Scott, Laurence Twentyman, Hudson, Donaldson, and Dixon, and William Hawkins, (agent to the Honourable the East India Company), four shares each; Ewan Christian and Samuel Olivier, three shares each; Thomas Kift Deane, William Hutchons, George Greig, John Deane, Francis Collison, James Horne, George Wilson Prince, John Blore, John Robert Thomson, William Heyward, Edward Durham & Co., Charles Baron de Lorentz, William Wilberforce Bird, Henry Buckton, John Barker, Joseph Simpson, John Thomas Buck, the Honourable William Westbrook Burton (one of the Judges of the Supreme Court), Antonio Chiappini, Edward Smith, William Hunt, Benjamin Phillips, Charles Mackenzie, Isaac Manuel, Carel Ferdinand Heinrich von Ludwig, Robert Waters, Edward George, Lieutenant James Bance (of the Royal Navy), Robert Reeves, Major George Jackman Rogers, the Honourable Joachim Willem Stoll, Anthony Oliphant (His Majesty's Attorney-General for this Colony), Charles Dixon, Daniel Jacob Cloete, Henry Hewitt, James Smith, William Billingsley, Thomas Fairclough, Clerke Burton (Master of the Supreme Court), the Honourable George Kekewich (one of the Judges of the Supreme Court), Hendrik Cloete, L.'s son, Herman Schutte, Major Charles Cornwallis Michell, Thomas and John Sinclair, Lieutenant-Colonel William Cuthbert Elphinstone Holloway (of the Royal Engineers), James Carfrae & Company, and James Carey, two shares each; William John Mackrill, Frederick Dickinson, William Lawson, John Hartfield Tredgold, George William Silberbauer, George Herbert, Frederik Stephanus Watermeyer, Hercules Tennant, Captain William Ronald, James Duff Watt (Deputy Assistant Commissary-General), William Benson, Pieter Gerhard Brink (Auditor-General), Joseph Dixie, John Brown, Mrs. Johanna Adriana Hardman, Samuel Capon, William Gadney, Thomas Elliott, Thomas Hall, Andries Thomas Stadler, Willem Anthon Joseph Liesching, Edwin Oldham, Andrew Steedman, Richard Stone, Joseph Sturgis, John Syme, Thomas Heyward, John William Lolley, Thomas Ansdell, Daniel Mills, jun., Robert Crozier, Pieter Donald Hohne, Joseph True Ord. 4-1829. Ord. 4-1829. man. William Bridekirk, Egbert Andries Buyskes, John Marshall, Jacob Davies Gregory, Adriaan Christian Deneys, Edward Eagar, Joseph Day, Thomas Henry Bowles (Registrar of the Supreme Court), Fetrus Borchardus Borcherds (Judge of Police), Thomas Tennant, Harrison Watson, Alexander Thomson, John Fairbairn, Michiel Christian Wolff, James Molton, Frederick Venables, Richard Huntley, Michiel de Kock, Johannes Henoch Neethling, the Honourable Sir Johannes Andreas Truter, Knight, Major Abraham Josias Cloete, John Skirrow, Abraham de Smidt, William McDonald Mackay, Edwin Maude, Frederick Wilhelm Heideman, Ker Bailie Hamilton, Lancelot Cooke, John Chisholır, senior, Ralph Rogerson, Carel Gerhard Blanckenberg, John Samuel Merrington, and Howson Edward Rutherfoord, one share each: And whereas the said persons have made application that an Ordinance may be passed to sanction and confirm the plan adopted at the said meeting and to provide for carrying the same into effect Now, therefore, be it enacted by His Excellency the Governor in Council that from and after the passing of this Ordinance the said first-mentioned scheme shall and may be abandoned and relinquished; and that it shall and may be lawful for the said persons who have already agreed and all such as shall by virtue of any of the provisions of this Ordinance hereafter agree to take shares in the said loan to raise amongst themselves, in manner and for the purpose aforesaid, such a sum of money as, Authority to raise together with the said sum so to be granted from the Colonial money on loan by Treasury and the said donations shall amount to the sum of twelve thousand and seventy pounds; and it shall and may be lawful for such persons to become shareholders in the said loan and to take such shares therein (not exceeding by any one person the number of ten shares) as such persons have already agreed or shall hereafter agree to take in the said loan, until the whole number of two hundred and fifty shares shall have been disposed of. shares. Power to transfer shares. any 2. And be it enacted that no share shall be transferable by any holder thereof, nor any right nor interest therein, until all the calls thereon shall have been paid as hereinafter mentioned; but after the said calls shall have been paid it shall and may be lawful for shareholder to sell or transfer his share or shares and all his right and interest in respect thereof to any other person by endorsement on the said share or otherwise as he shall see fit: Sale by private Provided, however, that no sale of any such share shall take place by public auction, but shall be by private contract only; and that the person to whom any share or shares shall be sold or transferred as aforesaid shall forthwith give notice thereof to the trustees to be elected in manner hereinafter mentioned. contract only. Interest. 3. And be it enacted that the sums advanced by shareholders in respect of their several shares shall bear interest from and after the day on which the said church shall be opened for divine service therein, and not sooner. |