Ord. 32-1827. sent to the Clerk of the Peace (1) acting for the district or place for which the said Justices are assigned respectively, within twentyone days after such information or complaint made or security taken; and for every such information or complaint, made as aforesaid and not sent as aforesaid, and for every such recognizance or security taken, and not sent as aforesaid, every Justice so Penalty on failure, offending shall incur and be liable to the payment of a fine of twenty pounds sterling. £20. Gaolers to receive into custody persons 4. And be it further enacted that all gaolers and keepers of committed by war- prisons shall receive into their custody, and safely keep, every rant of justices. person committed to their charge by warrant, under the hand and seal of any Justice of the Peace, until they be discharged by due course of law. Notice of action against justices for tion of their office t 5. And be it further enacted, that no process shall be sued out acts done in execu- against, nor any copy of any process at the suit of a subject shall be given, at least, one be served on, any Justice of the Peace, for anything by him done in month before pro- the execution of his office, until notice in writing of such intended cess is ued out. On failure of such notice, judgment to justice. process shall have been delivered to him, or left at the usual place of his abode by the attorney or agent for the party, who intends to sue or cause the same to be sued out, or served, at least one calendar month before the suing out or serving the same; in which notice shall be clearly and explicitly contained the cause of action which such party has, or claims to have, against such Justice of the Peace, on the back of which notice shall be endorsed, the name of such attorney or agent, together with the place of his abode. 5. And be it further enacted, that no person shall recover any be given in favour of judgment against any Justice of the Peace, in any case where the action shall be grounded upon any act of the defendant as Justice of the Peace, unless it is proved upon the trial of such action, that such notice was given as aforesaid; but in default thereof such Justice shall be entitled to a judgment and his full Tender of amends costs. 7. And be it further enacted, that it shall and may be lawful by justice and fur- for such Justice of the Peace within one calendar month after such ther proceedings in action. notice given as aforesaid, to tender amends to the party complaining, or to the attorney or agent of such party; and in case the same is not accepted, to plead such tender to any action to be brought against him grounded on such process, together with the plea of "not guilty," and any other plea with the leave of the Court; and if the Court before which such action is brought shall find the amends so tendered to have been sufficient, then such Court shall give judgment for the defendant, and in such case, or in case the plaintiff shall not proceed in his action, or in case judgment shall be given for the defendant on any proceeding in Clerks of the Peace no longer exist, and these documents are no v sent to the Resident Magistrate. the nature of a demurrer, such Justice shall be entitled to like costs as he would have been entitled to, in case he had pleaded not guilty, only; and if the Court shall find that no amends were tendered, or that the same were not sufficient, and also against the defendant on such other plea or pleas, then the said Court shall give judgment for the plaintiff, and such damages as the said Court shall think proper, together with the costs of suit. Ord. 32-1-27 into court, in case of no 8. And be it further enacted, that in case such Justice shall Payment neglect to tender any amends, or shall have tendered insufficient tender or insufficient amends, before the action brought, it shall and may be lawful for tender of amends. him, by leave of the Court where such action shall depend, at any time before the hearing of the said cause, to pay into Court such sum of money as he shall see fit, whereupon such proceedings, orders, and judgments shall be had, inade, and given in and by such Court, as in other actions where the defendant is allowed to pay money into Court. tiff restricted to the 9. And be it further enacted, that no evidence shall be per- Evidence for plainmitted to be given by the plaintiff, on the trial of any such action cause of action conas aforesaid, of any cause of action, except such as is contained in tained in the notice. the notice hereby directed to be given. No action to be stables, &c., for act obedience to warmand and refusal of brought against con in rant, until after de warrant. If demand of percopy of duly complied with, of warrant at the given for the defenany dant, 10. And be it further enacted, that no action shall be brought against any constable, or other officer, or against any person or persons acting by his order and in his aid, for any thing done in obedience to any warrant under the hand or seal of any Justice of the Peace, until demand hath been made or left at the usual place of his abode, by the party or parties intending to bring such action, or by his, or their, attorney or agent, in writing, signed by the party demanding the same, of the perusal and copy of such warrant, and the same have been refused or neglected for the space of six days after such demand; and in case, after such demand usal and and compliance therewith, by shewing the said warrant to, and warrant have been permitting a copy to be taken thereof by, the party demanding the then on production same, any action shall be brought against such constable, or other trial, judgment to be officer, or against such person or persons acting in his aid, for such cause as aforesaid, without making the Justice or Justices who signed or sealed the said warrant, defendant or defendants, that, on producing and proving such warrant at the trial of such action, the Court shall give their judgment for the defendant or defendants, notwithstanding any defect of jurisdiction in such Justice or Justices; and if such action be brought jointly against such justice or justices, and also against such constable, or other officer, or person or persons acting in his or their aid, as aforesaid then on proof of such warrant, the Court shall find for such constable or other officer, and for such person or persons so acting as aforesaid, notwithstanding such defect of jurisdiction as aforesaid; fect of jurisdiction and if the judgment shall be given against the justice or justices, that in such case, the plaintiff or plaintiffs shall recover his or their notwithstanding de in the justice. Ord 32-1827. costs against him or them, to be taxed in such manner by the Costs, how to be proper officer, as to include such costs as such plaintiff or plaintiffs are liable to pay to such defendant or defendants, for whom such judgment shall be found as aforesaid. taxed. If the judge certify on the record that fully and maliciously 11. And be it further enacted, that where the plaintiff in any the justice have wil- such action, against any Justice of the Peace, shall obtain a judgcommitted the in- ment, in case the judge before whom the cause shall be tried, shall, jury, which is the in open Court, certify on the back of the record, that the injury double costs to be for which such action was brought was wilfully and maliciously committed, the plaintiff shall be entitled to have and receive double costs of suit. allowed. of action, Actions to be brought within six months after commission of the act complained of 12. And be it further enacted, that no action shall be brought against any Justice of the Peace, for anything done in the execution of his office, or against any constable, or other officer, or person acting as aforesaid, unless commenced within six calendar months after the act committed. Oath of allegiance. Oath of Office. SCHEDULE. Form of the Oath of Allegiance. I, do sincerely promise and swear, that I will be faithful, and bear true allegiance to His Majesty King George. So help me God! Form of the Oath of Office to be taken and subscribed by Justices of the Peace. I, A. B. do swear, that as Justice of the Peace in the of in all articles in the Governor or Lieutenant-Governor's commission to me directed, I will do equal right to the rich and to the poor, to the best of my ability and power, and according to the laws and customs of the Colony, and ordinances and proclamations thereof: And I will not be of counsel of any quarrel depending before me : And the issues, fines, and amerciaments that shall happen to be made, and all forfeitures that shall fall before me, I will cause to be entered without any concealment or embezzling, and will truly send them to the Colonial Treasury, or otherwise dispose of them according to law: I will not obstruct the cause of justice for gift or other cause, but well and truly will discharge my duty as Justice of the Peace, without partiality, favour, or affection. So help me God! No. 33. [Dec. 19, 1827. Ordinance for creating Resident Magistrates and Clerks of the Peace in certain Districts and Places in this Colony. [Repealed by Act No. 20 of 1856.] No. 34. Ordinance for dissolving the Burgher Senate. [Dec. 26, 1827. [Repealed by Ordinance No. 3 of 1839, except in as far as the Burgher Senate is dissolved.] No. 35. [Dec. 28, 1827. For repealing the Tax levied for Gauging Casks of Wine, Brandy, and Vinegar, and for appointing Trustees to preserve and maintain the Public Library. [Repealed by Ordinance No. 71, except in as far as a former Proclamation is repealed.] No. 36. [Jan. 5, 1828. Ordinance for continuing the powers heretofore committed to and exercised by the Permanent Sitting Commissioner in Cape Town to a Judge of Police, and for extending his Jurisdiction to the Cape District, and for continuing a Matrimonial Court therein. [Repealed by Ordinance No 44.] No. 37.-Sd. Richard Bourke.] [January 5, 1828. Ordinance for declaring and regulating the duty of the WHEREAS by His Majesty's Royal Charter, or Letters Patent, Preamble. for the more effectual Administration of Justice in this Colony and in the several Territories and Settlements dependent thereon, bearing date at Westminster, the 24th day of August, 1827, it is amongst other things, ordained and declared that the Governor or Lieutenant-Governor, for the time being, of the said Colony, shall, by warrant under his hand and seal, nominate and appoint some fit and proper person, to act as and to be the Sheriff of the said Colony and its dependencies for the year ensuing; which Sheriff, when appointed, shall, as soon as conveniently may be, and before he shall enter upon his said office, take an oath, faithfully to execute the duties thereof, and the oath of allegiance, before the said Governor, who is by the said charter authorised to administer the same: And whereas it is by the said charter ordered, directed and appointed that the said Sheriff shall, by himself or his sufficient deputies to be by him appointed, and duly authorised under his hand and seal, and for whom he shall be responsible during his continuance in such office, execute all the sentences, decrees, judgments, writs, summonses, rules, orders, warrants, commands, and processes of the Supreme Court, or of the Circuit Courts, of the said Colony, as therein is mentioned, and shall make a return of the same, together with the manner of the execution thereof, to the Supreme Court of the Cape of Good Hope, or to the said Circuit Courts, as the case may be; and shall receive and See also Alphabetical Index for various other duties imposed on the Sheriff by particular Statutes. Ord. 37-1828. detain in prison all such persons as shall be committed to the custody of such Sheriff by the said Supreme Court and Circuit Courts, or by the Chief Justice, or any other Judge of the said Courts: And whereas it is further granted, ordained, directed, and appointed, by the said charter or letters patent, that it shall and may be lawful for the said Supreme Court, by any rules or orders of Court, to be by them from time to time, and for that purpose, made and published, to frame, constitute, and establish such rules, orders, and regulations as to them shall seem meet, touching and concerning (amongst other things) the proceedings of the Sheriff and other ministerial officers of the said Court, the process of the said Courts, and the mode of executing the same; provided (amongst other things therein provided) that the same shall be promulgated in the most public and authentic manner in the said Colony, for three months at least before the same shall operate and take effect: And whereas it is necessary and expedient, in the meantime, and until the said Supreme Court shall further or otherwise order, to make provisions for the performance of the duties of the said Sheriff in Sheriff to appoint certain cases: Be it therefore enacted and declared, by His Honour the Lieutenant-Governor in Council, that the said Sheriff shall, immediately after his appointment, and after having taken the oaths aforesaid, appoint and depute sufficient persons and deputies, to act for him in the execution of the duties of his said. office, and shall, immediately after such appointment, cause to be enrolled in the office of the Registrar of the Supreme Court the whose names, places names and places of abode of such his lawful deputies, and which tricts are to be en- enrolment shall specify the district within which they are trar of the supreme respectively to act for the said Sheriff; and also shall, immediately after any removal of any such deputy, cause such removal to be notified to the Registrar, and shall cause the name of the person succeeding him in the execution of his duty, to be in like manner enrolled in the said office, and shall cause the like notification to be published in the next ensuing Government Gazette of the said Colony. (1) deputies, of abode, and dis rolled with the regis court. Names, places of abode, and districts placed conspicuously and rules of court 2. And be it further enacted that a convenient office in Cape of deputies to be Town shall be appointed for the said Sheriff, wherein shall be in the sheriff's office placed, in some conspicuous part thereof, the names and places of with this ordinance, abode of such his deputies, and the districts in which they are relating to sheriff, appointed respectively to act; and also this Ordinance and all such and table of fees. general rules and orders as shall at any time be made by the Supreme Court, for regulating the duty of the said Sheriff and his deputies, and a table of all the fees and charges which may, by law, be taken by him or them respectively. Sheriff and deputies to be personally present in court. 3. And be it further enacted that the said Sheriff, or his deputy, shall give his personal attendance in the Supreme Court daily, 1 See § 27, Charter of Justice. |