Ord. 15-1814. for interdict. subdivisions respectively have been surveyed, or a description of the title deed or title deeds if any the issue of which shall have been objected to accompanied by an announcement that the deeds aforesaid will be cancelled or issued as the case may be unless such cancellation or issue shall be restrained by the interdict of some competent Court or Judge to be duly sued out within three months from the date of such notice; and when and as often as any such Objector may apply notice shall be published then all persons who shall object to any of the matters or things embraced, in such notice, and by the same announced as intended to be done shall be bound to apply to some competent Court or some Judge having lawful authority for an interdict or order restraining all parties whom it may concern from proceeding to do the matter or thing which the person applying alleges ought not to be done; and unless the person so applying for such interdict shall obtain the same and shall within a period of, Interdict to be three months from the date of the last publication of the said notice tary to Government. (if published on more days than one) lodge the said interdict or a copy thereof in the office of the Secretary to Government in Cape Town, then it shall be lawful for the Governor of the Colony to direct that the title deed shall be issued or the existing title deed shall be cancelled as recommended by the said board of commissioners for lands: Provided, always, that it shall and may be lawful for the said Governor upon cause shown to enlarge the time within which in any particular case such interdict may be applied for. lodged with Secre interdict may be 6. And be it enacted that it shall be lawful for the Supreme In what cases Court or any Circuit Court of this Colony to grant an interdict to granted. any person or persons applying as aforesaid for the same in case it shall appear that the party so applying has some right to or over or in respect of the land of which a title deed is recommended to be cancelled, and to the cancellation of which such party objects or to which any new grant is announced as intended to be made, and moreover that such party is likely to be prejudiced by the cancellation or issue as the case may be of any title deeds or title deed intended to be cancelled or issued respectively. 7. And be it enacted that when and as often as any such interdict as aforesaid or any copy thereof shall be lodged at the office of the Secretary to Government in Cape Town as aforesaid a public notice of the lodgment of the same shall be forthwith given. in the Government Gazette, and in some one of such newspapers as aforesaid, and the said interdict or a copy thereof together with the claim or claims and all the proofs and documents relating thereto on which the recommendation of the board of commissioners for lands was founded, shall be delivered or transmitted to or placed at the disposal of the person or persons or some one of them to whom the grant was recommended or whose claims shall be stayed by the said interdict, or their heirs or other representatives, for the purpose of enabling him or them to procure the Notice of interdict to be published. Ord. 15-1844, Interdict to be conclusive of rights unless removed. Locations to be sold, if there be no grant. removal of the said interdict, and the final determination according to law of all questions in dispute connected with the same. 8. And be it enacted that when and as often as any such final determination as aforesaid shall have been made by any competent Court in any suit or proceeding arising from or connected with any such interdict as aforesaid the cancellation of any old title deed or issue of any new title deed respectively shall be regulated in conformity with the judgment of such Court, and so as to secure as much as may be the rights of all parties as the same shall have been ascertained and declared by the judgment of such Court. But in case it shall so happen that the person or persons whose claims are stayed or supposed rights affected by any such interdict shall not within a period of six months from the date of the publication of the notice in the last preceding section mentioned obtain a final determination of the matters in dispute in regard to the same and give notice of such final determination being had and come to to the Secretary to Government in Cape Town, then the matters so in dispute shall be considered as if decided in favour of the party who shall have obtained the interdict, and thereupon the consequences herein before mentioned shall take place in the same manner as if a competent Court had finally determined in favour of such party. Provided, always, that it shall be lawful for the Governor aforesaid to enlarge the time during which notice of any such final determination being had and come to may be given as aforesaid to the Secretary to Government. 9. And be it enacted that when there shall remain any subapplication for division or subdivisions of locations aforesaid to which no claim has been made or the claims to which shall not have been proved so as to enable the said land board to recommend the issue of the title deed or title deeds thereof to the claimant or claimants respectively, or to any other person, it shall be lawful for the Governor of the Colony to cause to be published in the Government Gazette and in one or more of the newspapers which shall be published at Graham's Town a notice describing the said subdivision or subdivisions, and declaring that unless a notice stating cause to the contrary be lodged in the office of the Secretary to Government in Cape Town within three months after such notice shall be last published the said subdivision or subdivisions will be sold by public auction for account of whom it may Application of proreeds of sale. concern. 10. And be it enacted that if no such notice as aforesaid be lodged as aforesaid at or before the expiration of the said three months then it shall be lawful for the said Governor at any time thereafter to cause the said subdivision or subdivisions to be sold in freehold by public auction; and in case of any such sale the proceeds after deduction of the expenses of sale shall be disposed of in manner following, that is to say: first, a sum equal to fifteen years' purchase of the annual quitrent fixed for settlers' grants and of such stamps as would have been required in respect of such annual quitrent for the said period, shall be paid into the Colonial Treasury to account for the general revenue; secondly, the amount of loan from the Storm Fund if any with the interest thereon if any shall be paid into the said treasury to account of the said fund; and lastly, the remainder of the said proceeds if any shall be paid into the Guardian Fund in the name of the proprietor at the date of the said sale of the location surveyed for or other person justly entitled thereto or to any portion thereof, there to be subject to the same provisions in all respects which are provided by the Ordinance No. 105, bearing date the 5th of July, 1833, in regard to moneys placed in the said fund belonging to persons absent from the Colony. Ord. 15-1841. Proceedings in case of notice under sec 11. And be it enacted that in case such a notice be lodged as the second notice in the ninth section mentioned the said notice shall tion 9. be referred to the land board, and if the said board shall be enabled thereby to recommend the issue of title deed to the party who shall have lodged such notice or to any other person the name of the person or persons so recommended by the said board and the description of the subdivision or subdivisions referred to shall be published by proclamation as in the second section of this Ordinance provided. But if it shall appear to the said board that the said notice does not state any sufficient cause against the said sale and the party lodging it does not furnish sufficient proof to enable the said board to recommend the issue of title deed to such party or any other person then it shall be lawful for the said Governor to cause a notice to be inserted in the Government Gazette and in some one or more of such newspapers as shall be published at Graham's Town declaring that unless restrained by an interdict of some competent Court or some Judge having lawful authority to be lodged at the office of the Secretary to Government in Cape Town within three months from the publication of such notice the subdivision or subdivisions mentioned in such notice will be sold by public auction; and pro- Sale on rejection vided no such interdict be lodged as aforesaid then it shall be lawful of claim. for the said Governor to direct the said subdivision or subdivisions to be sold as aforesaid by public auction and the proceeds thereof disposed of as provided for in the tenth section of this Ordinance; but in case an interdict shall have been so lodged as aforesaid then every matter and thing in relation to the said subdivision or subdivisions or to the title deed thereof or to the rights of any parties to or over the same shall be governed and directed by any order, judgment, or decree in the premises of any competent Court. grants under this same grounds as 12. And be it enacted that the cancellation of every title deed Cancellations and effected under the provisions of this Ordinance and every title deed ordinance liable to issued under the said provisions shall respectively be liable to be be affected on the annulled, set aside, limited, qualified, and affected on every ground would affect decrees and by reason of every cause, matter or thing (and shall not be nat are. annulled, set aside, limited, qualified, or affected on any ground or of court of the same Ord. 15--1844. Proceedings at law, or applications under Ordinance 97 compe withstanding this ordinance. by reason of any cause, matter or thing) on or by reason of which such cancellation would by law have been liable to be annulled, set aside, limited, qualified, or affected in case such cancellation of any old deed had been respectively decreed by some competent Court in some suit or proceeding in which all persons not under some legal disability at the time of such suit or proceeding and having any right or title to or interest in any of the land affected by such cancellation or title deed were duly before the said Court. 13. And be it enacted that nothing in this Ordinance contained shall be held or construed so as to prevent any person or persons tent in fit cases, not- whomsoever from proceeding in any manner in which he or they may be advised in any competent Court in regard to any lands belonging or appertaining to any of the locations or extensions of the said settlers of 1820; or from applying to the committee nominated and appointed under Ordinance No. 97 in order to obtain enregisterment in any case to which the said Ordinance No. 97 shall be considered by such person or persons to apply. Provided, always, that no such proceeding as aforesaid in any such Court (except as certain proceedings are by this Ordinance contemplated and provided as aforesaid) and no application to the said committee shall in any case be commenced by any person or persons in regard to any locations or subdivisions mentioned in any such proclamation as in the second section of this Ordinance provided; and all persons having commenced or being interested in any suit or proceeding at law or any application to the said committee in regard to any title-deed or to any subdivision or subdivisions mentioned in any such proclamation shall be bound within six weeks from the date of the publication of such proclamation to lodge at the office of the Secretary to Government in Cape Town notice of the pending of such suit or application, which notice shall be deemed and taken to be an objection duly lodged as in the fourth section of this Ordinance provided. Limitation. 14. And whereas it is expedient to limit the time during which the provisions of this Ordinance shall be operative be it enacted that this Ordinance shall take effect from and after the promulgation hereof, and that no such proclamation as is in the second section of this Ordinance mentioned shall be issued after the 31st day of December, 1846. (') No. 16.] [Sept. 17, 1844. Ordinance for Fixing the Precedence of the Lieutenant-Governor of the Eastern Districts of the Colony. [Lapsed.] 1 See footnote to titled heading of this Ordinance. No. 17.] [Dec. 18, 1844. Ordinance for removing certain doubts in regard to certain Ordinances heretofore promulgated in this Colony. [Disallowed by the Queen.] No. 18.] [Dec. 26, 1844. Ordinance for regulating the Payment of Transfer Duty in this ·Colony. [Repealed by Act 5, 1884.] No. 1.] [Jan. 6, 1845. Ordinance for creating certain Visiting Magistrates' Courts at Convict Stations in this Colony. Ordinance for repealing certain Ordinances regarding certain Tolls, in order to make other provision respecting the said Tolls. [Superseded by Act 9, 1858.] (2) No. 4. Sd. P. Maitland.] [Jan. 30, 1845. Ordinance for declaring certain Guano to be the Property of Her Majesty the Queen. WHEREAS considerable quantities of the substance commonly Preamble called "guano" have been found in and upon certain islands or rocks in the sea within the limits of this Colony and its dependencies: And whereas it is possible that further quantities of the said substance may exist and be hereafter discovered at other places within the said limits: And whereas doubts exist whether the said substance being merely or mainly the droppings of unreclaimed birds of a base nature can in law, though a merchantable article, be deemed to be property or possessed of legal value: And 1 See Act 22, 1891, for existing law. |