No. 24.] [Sept. 24, 1846. Ordinance for regulating the due Collection, Administration, and Distribution of Insolvent Estates within the District of Natal. No. 25.] [Sept. 24, 1846. Ordinance for regulating the Payment of the Expenses of Witnesses attending to give evidence on Criminal Trials and Preparatory Examinations within the District of Natal. No. 26.] [Sept. 24, 1846. Ordinance fer preventing the mischiefs arising from the printing and publishing within the District of Natal of Newspapers and Papers of a like nature by persons not known, and for regulating the printing and publication of such papers in other respects; and also for restraining the abuses arising from the publication in the said District of blasphemous and seditious Libels. No. 27.-Sd. P. Maitland.] [October 3, 1846. Ordinance for amending Law relative to Conventional Hypothecations. (1) Registration of WHEREAS it is found that parties to whom, or in whose favour, Preamble. mortgages or hypothecations, as well general as special, have been passed, sometimes abstain from registering the same against their debtors, until the increasing embarrassments of such debtors, or other reasons, render it necessary to secure a preference over other creditors, who may have dealt with such debtors in total ignorance, that any such mortgages or hypothecations were in existence: And whereas such a practice may be used so as to cover fraud, and is one which tends to defeat the objects or limit the advantages of the Debt Registry of this Colony, and which should therefore be suppressed: Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council general bonds withthereof, that every deed or instrument of mortgage or Town, within fourhypothecation, commonly called a general bond, executed after the teen days in western commencement and taking effect of this Ordinance, shall, if twenty-eight days in executed by the debtor or mortgagor within the limits of the municipality of Cape Town, be tendered for registration in the Deeds Registry office within the space of seven days next after the day of the execution thereof; and if so executed elsewhere within the limits of the Western Division of this Colony, shall be tendered as aforesaid within the space of fourteen days next after such execution as aforesaid; and if so executed within the limits of any 'See § 8 Act 19, 1891. execution in Cape divisions, within eastern divisions. Ord. 27-1846. Order by judge on proof of absence of registration after lapse of due time. of the Eastern Districts, shall be tendered as aforesaid within the space of twenty-eight days next after such execution as aforesaid; and no such deed or instrument which shall be tendered for registration after the expiration of the term herein before limited for the tendering of the same shall be (except as in the next succeeding section is excepted) registered, and if registered such registration shall be null and void. Provided always, that nothing in this Ordinance contained shall be deemed or taken to extend to any deed or instrument executed elsewhere than in any of the places aforesaid, nor to deprive any deed or instrument executed within any of the said places of any force or effect which though unregistered, it may by law possess. Provided also, that nothing in this Ordinance contained shall be construed so as to entitle any instrument to be registered, which instrument would not by law be now entitled to registration. 2. And be it enacted, that if, in any case, the occurrence of frand or neglect of peculiar circumstances shall prevent any such deed or instrument as aforesaid, which should have been tendered for registration within some one of the certain times or spaces aforesaid, from being so tendered, it shall and may be lawful for any person whom it shall concern to apply to any Judge of the Supreme Court for an order directing the Registrar of Deeds to register the said deed or instrument, notwithstanding the time or space aforesaid shall have elapsed, and such judge, upon being satisfied by the person applying, that the delay has not arisen from fraud or neglect, may, should he think fit, make such order; and thereupon the Registrar of Deeds shall register such deed or instrument, and such registration and the effect thereof shall be taken and judged of precisely as if this Ordinance never had been passed. Insertion of date of execution. inserting false date. 3. And be it enacted, that every such deed or instrument as aforesaid, executed as aforesaid within any of the places aforesaid shall, in some part or portion thereof, set forth the date and place Penalty on notary of the execution thereof; and if any notary public, or any other person whomsoever shall, knowingly and wilfully, insert or set forth, in any such deed or instrument, any false or erroneous date or place, such notary public, or other person, shall, for such offence forfeit any sum not exceeding one hundred pounds, and not less than ten pounds, to be recovered for his own use, with costs of suit, by any person suing in any competent Court for, the recovery of Necessity of express words and advances. the same. 4. And whereas it is expedient that notice, as particular as maximum amount in possible, should be given upon the face of every deed or instrument deeds to cover future of hypothecation of the amount which such hypothecation is intended to secure; and whereas as often as such deeds or instruments are framed so as to cover or secure future debts or advances to an indefinite amount, no such notice is conveyed, and inconviences may thence result: and whereas it is expedient to amend the law in this respect: Be it enacted, that no deed or instrument of hypothecation, whether general or special, executed at any time. after the comencement and taking effect of this Ordinance, shall be of any force or effect to give any preference or priority to the payment of any advances, debts, or demands, made or accruing after the date of the registration of such deed or instrument, unless it shall be expressed in such deed or instrument, that the same is meant or intended to cover and secure future advances, debts, or demands generally, or some particular description thereof to be in the said deed or instrument described, and unless also some certain sum shall be expressed in such deed or instrument as a sum beyond which such future advances, debts, or demands, shall not be deemed to be covered or secured by the hypothecation made or created by such deed or instrument: Provided always, that nothing herein contained shall be construed so as to give validity or effect to any deed or instrument or any part of any deed or instrument which before this Ordinance would have been invalid or ineffectual. Ord. 28-1840, Registry within one month of deeds 5. And be it enacted, that every such deed or instrument as aforesaid, which shall have been executed before, but shall remain already executed.. unregistered upon the day of the commencement and taking effect of this Ordinance, shall be tendered for registration within the space of one month next after such day, and if not so tendered shall not be registered, or if registered, such registration shall be null and void: Provided always, that the provisions in the second section of this Ordinance contained shall apply to every such lastmentioned deed or instrument, when and as often as the occurrence of peculiar circumstances shall prevent the same from being tendered for registration within the said space of one month. 6. And be it enacted that nothing in this Ordinance contained Non-extension to shall extend to the district of Natal. Natal. effect. 7. And be it enacted that this Ordinance shall commence and Time of taking take effect from and after the promulgation thereof. No. 28.-Sd. P. Maitland.] cutting, rooting up, and destroying of Trees, Shrubs, Ord. 28-1846. certain parts thereof: And whereas no efforts made or to be made by the Central Board of Commissioners of Public Roads to bind and fix those portions of the said flats or downs from which the sands are carried by causing them to be planted with trees, shrubs, bushes, or other vegetable productions, have been or can be of any avail, so long as the mischievous and illegal practice aforesaid shall be permitted to continue; And whereas in order as much as may be to suppress the said practice and protect the road aforesaid, it is expedient to amend the law relative to the removal of trees, Repeal of part of shrubs, and bushes from the said flats or downs. Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council thereof, that the third and fourth sections of Ordinance No. 5, 1836, entituled "Ordinance for defining the limits of and securing from injury the Cape Flats and Downs," shall be repealed, and the same are hereby repealed accordingly. former law. &c. Penalties on des quent convic.ions. 2. And be it enacted that if any person (except persons traveltroying trees, shrubs, ling as hereafter is excepted) shall cut, root up, burn, break, destroy, or carry away any tree, shrub, or bush growing upon any part of the Crown lands situate within the Cape downs or flats, or shall engage or employ any other person so to do (whether such lastmentioned person shall actually do so or not); or shall take upon himself to sell or dispose of or authorise to be carried away any such tree, shrub, or bush, such person shall upon a first conviction for the said offence forfeit any sum not exceeding five pounds; and upon non-payment thereof shall be imprisoned for any term Second and subse- not exceeding one month; and upon a second conviction for the said offence shall forfeit any sum not exceeding ten pounds and not less than five pounds; and upon non-payment thereof shall be imprisoned for any term not exceeding three months and not less than one month; and upon a third or any subsequent conviction for the said offence shall forfeit any sum not exceeding twenty pounds and not less than ten pounds, and upon non-payment thereof shall be imprisoned for any term not exceeding six months and not less than three months. Provided always, that every such imprisonment as aforesaid shall be with hard labour unless the Magistrate committing shall otherwise award. And provided also, that every person travelling through or over the flats or downs aforesaid shall be at liberty without incurring any of the penalties or forfeitures aforesaid to cut down and collect such trees, shrubs, or bushes as shall be needed for the purpose of any fire which such person shall require or desire to kindle or keep at any outspan-place within the said flats or downs, such person doing no unnecessary damage in the cutting or collection of the Exemption of travellers. Certificates by owners of private same. 3. And be it enacted that every person being the owner, lessee, property in Hats to or other occupant of any land being private property situate away trees, shrubs, wholly or in part within the said flats or downs who shall deliver persons carrying &c. Crd 28-1846. to or permit to be carried away upon any wagon, cart, or other earriage any trees, shrubs, or bushes which shall have grown upon such private property, shall grant and deliver to the person in enarge of such wagon, cart, or other carriage, a certificate or note in writing signed by such owner, lessee, or other occupant certifying in substance that the trees, shrubs, or bushes carried in or upon such wagon, cart, or other carriage have been obtained from the person signing the same; and every owner, lessee, or occupant who shall neglect to give such certificate or note in of such certificates. writing to the person in charge of every wagon, cart, or other carriage carrying away with his knowledge and consent any such trees, shrubs, or bushes as aforesaid, shall for every such neglect forfeit any sum not exceeding twenty shillings. Penalty on neglect commissioner to carry away trees, perty. 4. And be it enacted that no person being the owner, lessee or Licences by civil other occupant of any land being private property situate wholly owners of certain or in part within the said flats or downs and lying to the westward portions of flats to of an invisible line supposed to be drawn from the beach of Table &c., on their proBay at the point where a line drawn due west from Duiker Vallei would touch the said beach to the said Duiker Vallei, thence to the seventh milestone on the hard road across the flats, thence to Jackal's Vallei, thence to the house commonly called Mannenberg's, thence to the Vaderlandsche Riet Vallei, thence to the northern end of Zeekoe Vallei, thence to the southern end of Zeekoe Vallei, and thence in a straight line due south to the beach of False Bay, shall deliver or permit to be carried away in or upon any wagon, cart, or other carriage, any trees, shrubs, or bushes having grown upon such private property without having previously obtained a licence in writing from the Civil Commissioner of the Cape division or officer acting as such, authorising him to remove the trees, shrubs, or bushes growing upon such private property. And Penalty on so carany such owner, lessee or occupant as is in this section mentioned, lying aw who shall without having obtained such licence permit any trees, shrubs, or bushes to be carried away in or upon any wagon, cart or other carriage, shall for every such offence forfeit any sum not exceeding forty shillings and not less than one pound; and upon non-payment thereof shall be imprisoned for any term not exceeding one month. rying away without licence. 5. And be it enacted that the Civil Commissioner aforesaid Conditions of shall upon the application of any such owner, lessee, or other occupant as is in the last preceding section mentioned, grant such licence as aforesaid as often as such Civil Commissioner shall be satisfied by inspection or otherwise that there are growing upon the private property in question trees, shrubs, or bushes which might be removed without thereby loosening or exposing sands in such a manner as to occasion the drifting of the same. And every such licence shall be revocable by such Civil Commissioner, and shall be by him revoked whenever it shall appear that the said private property and the trees, shrubs, or other bushes thereupon are in |