Ord. 9-1844. this notice, then such proceedings will be had and taken, in regard to the said arrear, as are by law, and especially by the Ordinance No. 9, 1844, entituled, "An Ordinance for facilitating the recovery of Landrents in this Colony," authorised and enjoined. Dated this Lord of To day of in the year of our Civil Commissioner for the Division of SCHEDULE No. 2. messenger of the Court of the Resident Magistrate You are hereby authorised and required, in pursuance of the provisions of the Ordinance No. 9, 1844, entituled "An Ordinance for facilitating the recovery of Land-rents in this Colony," to repair to the place (here describe the farm or other property, according to its title or other description), whereof is the owner and occupier (or whereof is in possession, under a contract, for the purchase thereof), and there to seize and arrest such goods and chattels, being in and upon the said place, as by virtue of the fourth section of the Ordinance aforesaid may lawfully be seized and arrested, and whereof can be levied and made the sum of £ -, being the and for seizing and arresting the Dated this No. 10.] day of said 18-; day of goods and chattels, and in manner and form as by shall be your warrant and in the year of our Lord Civil Commissioner for the Division of [July 4, 1844. Ordinance for empowering the Governor to appoint in all cases the places at which Convicts sentenced to be imprisoned shall be confined. Ordinance to amend the Ordinance No. 8, 1843, entituled "An No. 13.-Sd. P. Maitland.] [August 28, 1844. Ordinance for transferring to certain other Officers the Duties of the Office of the Collector of Taxes. Ordinance No. 43 and Ordinance No. so far as inconsis WHEREAS by reason of the intended abolition of the office of the Preamble. Collector of Taxes in Cape Town it has become necessary to provide for the performance after the abolition of the said office of such of the duties heretofore performed by the Collector of Taxes in Cape Town as shall still remain to be discharged: Be it 6, 1844, repealed, in therefore enacted by the Governor of the Cape of Good Hope, tent. with the advice and consent of the Legislative Council thereof, that from and after the first day of January, 1845, so much of the Ordinance No. 43, entituled "An Ordinance of His Honour the Lieutenant-Governor in Council for empowering the Collector of Taxes in Cape Town and the Civil Commissioners of the country districts to collect the several Taxes and Duties now or hereafter to be imposed and payable within the Colony," and so much of the Ordinance No. 57, entituled "An Ordinance for repealing certain Taxes and Duties and imposing certain others in lieu thereof," and so much of the Ordinance No. 6, 1844, entituled "An Ordinance enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council thereof, for regulating Sales by Auction," and so much of any former law or Ordinance, if any, as is repugnant to or inconsistent with any of the provisions of this Ordinance shall be repealed, and the same are hereby repealed accordingly. of Substitution treasurer-general in Cape Town. 2. (1) And be it enacted that from and after the said first day of January, 1845, all and singular the several duties and functions for collector of taxes (except in the case hereinafter excepted) now imposed upon or exercised by the Collector of Taxes in Cape Town shall thenceforth be imposed upon and exercised by the Treasurer-General of this Colony for the time being or the officer for the time being acting as such Treasurer-General and by no other person, as fully and completely to all intents and purposes as if the said Treasurer-General or officer acting as such had been duly appointed by such style and title to be the Collector of Taxes in Cape Town; and all bonds, vouchers, or rights of action which shall upon the said first day of January, 1845, be vested in or recoverable by the said Collector of Taxes in his capacity as such collector shall thenceforth vest in and be recoverable by the said TreasurerGeneral or officer acting as such and by no other person whomsoever: Provided that nothing herein contained shall be construed so as to require the said Treasurer-General or officer for the time being acting as such to take or use in regard to any matter or thing herein referred to any other or additional style, title, or official designation. 3. [Sections 3 and 4 repealed by Act 3, 1876.] Amended by § 2, Act 3, 1876. Preamble. transfer deeds and deeds of hypothecation. No. 14.-Sd. P. Maitland.] [August 28, 1844, Ordinance for the better Regulation of the Office of the Registrar of Deeds. (1) WHEREAS it is expedient to make provision for authorising all persons who may be desirous so to do to prepare or cause to be prepared by such persons qualified in the manner hereinafter provided as they shall select certain of the deeds now drawn or prepared exclusively in the Deeds Registry Office of this Colony and to regulate the fees to be hereafter charged and taken in the said Preparation of Office: Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council thereof, that from and after the promulgation of this Ordinance it shall and may be lawful for the Registrar of Deeds for the time being or the officer for the time being acting as such and he is hereby required duly to register all fit and proper transfer deeds. and deeds of hypothecation now exclusively prepared in the said office which shall be prepared or drawn by any advocate of the Supreme Court of the Colony or any person authorised (2) as in the next succeeding section of this Ordinance mentioned but not by any other person or persons whomsoever, and the said Registrar may require proof by signature or otherwise as he shall think fit that every such deed as aforesaid tendered for registration has been prepared by some person qualified as aforesaid. Preamble. 2. [Superseded by Act 12, 1858, § 8.] 3. Superseded by § 2 Act 20, 1884.] SCHEDULE OF FEES. [Repealed by Act 20, 1884.] [August 28, 1844. No. 15.-Sd. P. Maitland.] See Placaat June 19, 1714, and laws there referred to in note. * See Act 12, 1858, § 8. 3 Expired 31st December, 1846, but revived by Ordinances No. 15, 1847, and No. 7, 1853, and Acts No. 24, 1856, No. 7, 1859, and 1z, 1862. certain deposits required by the said Government, and thereby acquired certain rights to portions of the original locations so surveyed for the said parties: And whereas other lands were set aside by Government, and certain exchanges of granted land were made for the better maintenance of some of the said parties, and surveys of the shares held by the said individual settlers their heirs or assigns, at the date of survey, effected for the purpose of enabling the proprietors thereof to obtain registry of the same in the Land Registers of the Colony: And whereas the said proprietors have been and still are prevented from obtaining such registry by reason of the death, absence from the Colony, mental incapacity, or insolvency of the former heads or nominal heads of their parties, to whom in most instances grants of the original locations were issued, or of other persons through or from whom the said proprietors have mediately or immediately derived just, lawful, and undisputed rights to the said subdivisions, or by reason that in many instances it has now become impossible to produce such legal evidence of the cessions of the said rights as would enable the Supreme Court or the Circuit Courts of this Colony to declare and enforce the same, while at the same time the provisions of the Ordinance No. 97, entitled "Ordinance for enabling certain persons having respectively the just, lawful, and undisputed right to certain Lands and Houses, to procure the same to be enregistered as their property in the Land Register," could not properly be accommodated so as to meet the exigency of the cases aforesaid, or if they could be so accommodated not without much and unnecessary expense. And whereas in many instances the head of the party cannot give transfer of the subdivisions which have been effected by reason that the said subdivisions include without distinction portions of land registered as his property together with portions of lands granted to others, or of ungranted Crown lands allotted to the party: And whereas by reason of the issue and existence of certain title deeds to portions of the land referred to the Governor of this Colony is prevented from directing the issue of new title deeds of the said subdivisions in the names of the persons justly entitled to the same, and thus giving them registry in the Land Registers of this Colony. Ord. 15-1844. Names of proposed lished. 2. Be it therefore enacted by the Governor of the Cape of Good Hope, by and with the consent of the Legislative Council thereof, grantees to be pubthat from and after the promulgation of this Ordinance, it shall and may be lawful for the Governor of this Colony to publish by proclamation in the Government Gazette and in some one or more of such newspapers as shall be published in Graham's Town the names of such persons as shall after due investigation be recommended by the board of commissioners for lands as the persons entitled to receive grants of the aforesaid subdivisions of locations, together with a description of the said subdivisions and also the particulars of all such grants of original locations and other Ord. 15-1844. grants. lands as it may be necessary to cancel by reason of portions thereof being included in such aforesaid subdivisions, and thereupon to Objections to proclaim that unless objections showing cause to the contrary be lodged in writing at the office of the Secretary to Government, in Cape Town, within six weeks from the day on which such proclamation shall be last published the title deeds therein mentioned will be cancelled and the subdivisions aforesaid granted accordingly. (') 3. And be it enacted that in case no objections are lodged in the office of the Secretary to Government as aforesaid at or before the expiration of the term of six weeks as aforesaid it shall and may be lawful for the said Governor to direct the said title deeds to be cancelled and the grants of the said subdivisions to be issued accordingly. Grants to be issued in absence of objections. Consideration and tions. 4. And be it enacted that in case any such objections as aforedisposal of objec- said shall be lodged as aforesaid the said objections shall be referred to the board of commissioners for lands for investigation, and should the said board deem it necessary in any case to amend their previous recommendation a further publication of six weeks by proclamation in manner aforesaid of such amended recommendation, shall be necessary before it shall be lawful for the said Governor to direct that any title deeds or title deed shall in conformity with such amended recommendation be cancelled or be issued as the case may be: Provided that if no objection be lodged within the said period of six weeks to any such amended recommendation it shall be lawful for the said Governor to direct the certain title deeds or title deed referred to in such amended recommendation to be cancelled or issued as the case may be in conformity therewith. Proceedings when 5. And be it enacted that if after any such objections as are objections disallow-mentioned in the second section of this Ordinance shall have been ed. referred to the board of commissioners for lands the said board shall report to the said Governor that they do not see cause to amend their recommendation, or if any objections to the amended recommendation mentioned in the fourth section of this Ordinance shall be lodged as aforesaid, the said Governor shall cause a Government notice to be published in the Government Gazette and in one or more of the newspapers to be published in Graham's Town setting forth the particulars of any title deeds or title deed the cancellation of which shall have been objected to and a description of the several subdivisions which contain portions of the land described therein, and also the names of the person or persons to whom it is recommended to issue title deeds of the said subdivisions respectively, and in the case of such of the said subdivisions as may be unclaimed or if claimed when the claims to the said subdivisions are not proved or have not been reported on, then the name or names of the persons for whom the said 1 See Act 12, 1862. |