Preamble. SIMON'S TOWN. PROCLAMATION. By His Excellency General the Right Hon. Lord CHARLES WHEREAS doubts have arisen with respect to the quantity of disposable Government ground in the vicinity of this town, and with respect to the limits of private property as affecting the same, a commission was appointed, in the year 1811, for the purpose of superintending a complete survey thereof, and examining the documents and titles to the land claimed and occupied as private property: Now, be it hereby made known that the survey of all the land situate and being to the right of the great road from Cape Town to Simon's Town, and extending from the military lines to Boundaries of land the estate of Claasenbosch, now possessed by W. F. Versfeld, has Claasenbosch estab- been completed, and laid before me by the Government sworn from Cape Town to lished. Cession of ground near Cape Town, occupiers, on title being taken out surveyor, L. M. Thibault; and having personally examined the same, and compared the whole with the documents in support thereof, and the reports relative thereto, I do hereby declare my entire approbation of the same, and hereby recognise the boundaries as described thereon to be the true limits of the respective estates therein described. And it appearing, moreover, that the occupiers of several of the enclosed and culti- estates alluded to have, either through error or inadvertence, vated, in errore enclosed or cultivated proportions of land, to which the former within six months, grants of this Government have not entitled them, I have resolved to cede to each of the parties alluded to the land so illegally held by them, upon due valuation thereof by the Magistrate of the Cape District, provided the parties interested take out, within six months from the date hereof, the usual title, authorising them to occupy the several spots of ground in question. Titles to claimants of Government land. Delivery of dia And whereas it appears that within the limits of the survey under consideration, there are other persons who claim Government land, in virtue of certain resolutions of the former Governments, although they had not obtained regular titles thereto; and being desirous, whenever the interest of the Crown and local circumstances will admit of it, and no actual disposition has taken place, or been directed, to give favourable consideration to claims of the nature alluded to, I have given detailed instructions to the landdrost of the Cape district, to value such of the lands alluded to as are specified to him as being such as may, without detriment to public interest, be alienated, in order to their being ceded under regular title to the parties in question. And it is hereby recommended to all holders of land in the grams to applicants. direction of the said survey, for the prevention of all future disputes with respect to the boundaries or extent of the land they occupy, to cause to be taken from the general survey under consideration, a diagram or chart of the lands they possess, which diagram, with Proc.-July 12, 1822. a proper certificate from the Colonial Secretary, will be delivered to each applicant, free of expense, excepting the usual cost attend ing the land surveyor's copying the same. And in order that no person may plead ignorance hereof, this shall be published and affixed in the usual manner. Stamps on Notarial Acts. Proclamation. [Repealed by Stamp Acts 1864-84.] Game Law. Proclamation. [May 26, 1815. [March 21, 1822. [Repealed by Act 36, 1886.] Testamentary Dispositions of Natural-born Subjects of the United Kingdom of Great Britain and Ireland resident within this Settlement. (1) PROCLAMATION. [July 12, 1822. By His Excellency General the Right Hon. LORD CHARLES All natural-born subjects of the Unit ed Kingdom entitled WHEREAS it has appeared to His Majesty's Government that the Preamble. laws in force in this Colony relating to testamentary dispositions of property may, in their operation, defeat the expectations of those individuals who have emigrated and become settlers within the jurisdiction of this Government; and I have in consequence thereof received His Majesty's most gracious commands to make provision in the premises according to circumstances: I do therefore, in pursuance therecf, and by virtue of the authority in me vested, hereby make known, declare, and order that it shall be hereafter considered lawful, regular, and of full force, for all residents and settlers in this Colony of the Cape of Good Hope, being to natural-born subjects of the United Kingdom of Great Britain and Ireland, to enjoy the same rights of devising their property, both real and personal, as they would be entitled to exercise under the In case of marriage laws and customs of England; provided, however, that in case any out previous marsuch natural-born subject of the United Kingdom of Great Britain riage settlement proand Ireland shall enter into the marriage state within this settle- tered according to ment, without making a previous marriage settlement (called, in a testamentary dethe colonial law term, antenuptial contract), his property, in such vist be made by the case, both real and personal, shall be administered and divided tion with his wife. 1 See Acts 26 of 1873 and 23 of 1874; See Ords. 104, 1883, and 15, 1845; Acts 22, 1876 and 3, 1878. devise their pro perty as in England. in this colony with perty to be admimis colonial law, unless testator in conjune C Proc.-July 12, 1822. according to Colonial law, notwithstanding any subsequent testamentary devise, unless such subsequent testamentary devise be made in conjunction with the wife of the party, according to the Colonial law on this head. Wills to be deposi Chamber. And it is hereby further made known and ordered that the ted in the Orphan original will or testament of any person dying in this Colony shall be deposited, as usual, in the Orphan Chamber, at Cape Town, in order to legalize the administration of the estate by the executor or administrator thereof. The tenor of this proclamation to be Jonial courts. And I do hereby further order and direct the president, or acting explained by matri- president, of any of the Matrimonial Courts of this Government, to explain clearly, to every natural-born subject of the United Kingdom of Great Britain and Ireland who shall be about to enter into matrimonial engagements, and appear for that purpose before such Court, the tenor of this my proclamation,-noting on their record their having so done, that no man may justly plead ignorance of this provision. And in order still further to obviate the plea of not knowing the law on this head, I have caused this proclamation to be published and affixed as usual, and to appear in three successive Gazettes. Prohibition of Promissory Notes under Fifty Rixdollars(£3 15s. Od.). Proclamation. [August 22, 1822. [Repealed by Act 6, 1875] Amendment of Game Law.-Elephants. Government Adver tisement. [August 23, 1822. [Repealed by Act 36, 1886.] Amendment of Game Law.-Elands. Proclamation. [December 31, 1824. THE BOEKHOO PLANT. PROCLAMATION. By His Excellency General the Right Hon. Lord CHARLES WHEREAS I have been given to understand that the medicinal Preamble. ing up or burning And whereas it has been represented to me that the persons employed in collecting this article, not satisfied with gathering the leaves, or even cutting the shoots, of this plant, are in the habit of pulling it up entirely by the roots, or of cutting and hewing it so low down and in such a manner as to destroy the plant itself; I have deemed it necessary, for the general interests of the Colony, to order and declare, and it is hereby ordered and declared accordingly, that any person who may be convicted before a competent Any person teartribunal, of tearing up the Boekhoo (Boego) plant by the roots, the Boekhoo plant, or of burning it, or cutting it in such a manner as to injure the to pay a fine of not further growth of the plant, shall be deemed guilty of a more than 50 rixmisdemeanour, and be fined in a penalty of not less than twenty nor more than fifty rixdollars for every such offence, one-third of which shall go to the informer (provided always, that the property so injured or destroyed be not the private property of individuals, and cut or pulled up or burnt by their orders): And in the event of the inability of the offender to pay the fine awarded, that he be liable to imprisonment at hard labour for a certain period not labour for two exceeding two months for every such offence. And that no person may plead ignorance hereof, this shall be published and affixed in the usual manner. less than 20 and not dollars. In default, imprisonment with hard months. No. 1. [May 28, 1825. Ordinance for introducing the use of the English Language in the Judicial Transactions of the Court of Magistracy at Algoa Bay (Port Elizabeth), and assigning proper limits to the Territory within which the said Court is authorised to exercise its jurisdiction. [Disallowed as superseded by the Charter of Justice. Proclamation of 14th May, 1829.] No. 2. [June 6, 1825. Ordinance for making British Silver Money a legal Tender in discharge of all debts due to Individuals and to Government, al the rate of One Shilling and Sixpence for each paper Rixdollar. [Repealed by 33 and 34 Vict., c. 10.] No. 3. [June 21, 1825. Ordinance for reducing the reward hitherto paid for destroying Tigers, to Five Rixdollars per head. [Repealed by Ord. No. 45.] No. 4. [June 21, 1825. Ordinance directing that from and after the 15th of July, 1825, all Licences to trade with the Kafirs at Fort Willshire, or at any other places which may hereafter be fixed on by Government, shall be written on a Stamp of Eighty Rixdollars, renewable annually. [Repealed by Ord. No. 23.] No. 5. [June 27, 1825. Ordinance for destroying a sum of Twenty Thousand Rixdollars, old and defaced Paper Money, &c. [Spent.] No. 6. [July 12, 1825. Ordinance promulgating an order of the King's Most Excellent Majesty in Council, for giving currency to, and fixing the value of, British Silver and Copper Money throughout this Colony. [Superseded by 33 and 34 Vict., c. 10.] No. 7. [Aug. 1, 1825. Ordinance for the stamping and signing of a sum of Fifty-six Thousand Rixdollars, in lieu of an equal amount of worn-out and defaced Paper Money. [Spent.] No. 8. [Aug. 22, 1825. Ordinance for destroying the sum of Fifty-six Thousand Rixdollars, old and defaced Paper Money. [Spent.] |