Ord. 28-1846. Compensation on refusal of licence. Evidence of contravention of second section. Jurisdiction in all cases under the ordi nance. such a condition that the further removal of the latter would produce injurious consequences. Provided always, that every such licence may be framed in such a manner as to authorise the removal of such trees, shrubs, or bushes as aforesaid from a part or parts only of any private property instead of the entire. And provided also, that when and as often as any owner, lessee, or other occupant applying for such a licence as aforesaid shall be wholly refused the same or shall be allowed a licence covering a part or parts only of his property, it shall and may be lawful for such owner, lessee, or other occupant to require compensation from the Central Board of Commissioners of Public Roads for any losses which he may allege himself to have sustained, and thereupon such proceedings shall be had as if such claim were a claim for compensation preferred under and by virtue of the tenth section of Ordinance No. 8, 1843, (') entituled an "Ordinance for improving the Public Roads of this Colony." 6. And be it enacted that when and as often as any wagon, cart or other carriage shall be found within or upon any part of the said flats or downs (not being private property) or upon the said hard road or any other road or place to which the said wagon, cart, or other carriage shall have come from any place eastward of the Salt River having in or upon such wagon, cart or other carriage, trees, shrubs or bushes of a species or description commonly found growing on the said flats or downs, it shall and may be lawful for any person finding the same to require the person in charge thereof to produce and show such a certificate or note in writing as aforesaid; and his refusal or neglect so to do shall be deemed and taken for the purpose of the penalties by this Ordinance provided to be conclusive evidence that the said trees, shrubs, or bushes were carried away by the person so neglecting or refusing, from Crown land as in the second section of this Ordinance mentioned, and thereupon such person may lawfully be required, and if he shall refuse may, if necessary, be forcibly compelled to proceed forthwith to the nearest Resident Magistrate or Road Magistrate, there to be dealt with according to law in the exercise of the jurisdiction hereinafter conferred. Provided always, that if it shall be proved to the satisfaction of such Resident Magistrate or Road Magistrate that the certificate or note in writing by law required was really given and received, and afterwards lost or mislaid, the person accused shall be acquitted, or if he shall have paid any fine imposed upon him previous to such proof being given, shall have the same returned to him, or if in prison by reason of default made in the payment of any such fine shall be forthwith discharged by an order under the hand of the committing magistrate. 7. And be it enacted that the Court of the Resident Magistrato of Cape Town and the district thereof, and the Cape District, and 1 Repealed by Act 9, 1858. the Court of the Resident Magistrate of the district of Wynberg, and the Court of the Judge and Superintendent of Police of Cape Town, shall respectively have jurisdiction to inquire into and determine all cases and questions of fines, forfeitures, or penalties by this Ordinance provided. Ord. 28-1846. offences under 8. And be it enacted that every Road Magistrate resident within Jurisdiction as to the division of the Cape shall have jurisdiction in regard to every second section. offence in the second section of this Ordinance mentioned, whenever any wagon, cart, or other carriage shall be brought before him under and by virtue of the sixth section of this Ordinance, and shall in regard to the prosecution of any such offence proceed in manner and form as by law would have been fit and proper had such wagon, cart, or other carriage been brought before him under and by virtue of the twentieth section of Ordinance No. 9, 1846, entituled "Ordinance for the better preservation of the Public Roads and the prevention of Accidents thereon," charged with having contravened any of the provisions of the third section of the said last-mentioned Ordinance. any 9. And be it enacted that if any person shall forge or alter such certificate or note in writing as aforesaid, or if any person in charge of any wagon, cart, or other carriage shall knowingly produce and show as genuine, any forged or altered certificate or note in writing as aforesaid, or any paper purporting to be such a certificate or note in writing as aforesaid, which shall not bear and shall by the person producing and showing the same be known not to bear the signature of any person by the provisions of this Ordinance authorised and entitled to grant such a certificate or note in writing, or if any person so authorised and entitled as last aforesaid, shall knowingly put or affix any wrong date to any such certificate or note in writing as aforesaid, or if any such last mentioned person shall deliver to any other person any such certificate or note in writing, save only for the use and protection of some wagon, cart, or other carriage then actually loaded with or loading, or about to load the trees, shrubs, or bushes referred to in and intended to be protected by such certificate, such person so offending shall upon conviction of any such offence be liable to forfeit any sum not exceeding twenty pounds, and upon non-payment thereof shall be imprisoned for any term not exceeding six months. Penalty on forging certificate. effect. 10. And be it enacted that this Ordinance shall commence and Time of taking take effect from and after the promulgation thereof. No. 29.] [Oct. 5, 1846. Ordinance for the better Regulation of the Sale of Wines and Spirituous and Fermented Liquors. [Repealed by Ordinance No. 9, 1851.] DD No. 30.] [Oct. 30, 1846. Ordinance for applying a Sum not exceeding £161,854 15s. 10d. for the service of the year 1850. No. 31.] [Oct 30, 1846. Ordinance for applying a Sum not exceeding £7,421 16s. 10d. for the service of the year 1846, in addition to the sum already in that respect provided. No. 32.] [Oct. 30, 1846. Ordinance for amending the Law regarding certain Rules of Court. [Repealed by Act No. 26, 1856.] No. 33.] [Nov. 25. 1846. Ordinance for amending the Ordinance, No. 2, 1845, entituled "Ordinance for creating a Deeds Registry Office for the District of Natal." No. 34.] [Dec. 14, 1846. Ordinance for levying Wharfage and other dues in Cape Town and for devoting them to the construction of a Harbour of Refuge in Table Bay, and for other purposes. [Not sanctioned by the Home Government.] No. 1.] [Jan. 11, 1847. Ordinance for removing vessels stranded in the Ports and Harbours of this Colony. [Repealed by Act 46, 1885.] No. 2.] [Feb. 23, 1847. Ordinance for facilitating the Apprehension and regulating the mode of Conveyance of Deserters from Her Majesty's Land Forces within the District of Natal to their respective Corps; and for the more prompt payment of Rewards and the Expenses consequent thereupon. No. 3.] [March 5, 1847. Ordinance for authorising the Vestry of St. Paul's Church, Rondebosch, to raise a Sum of Money not exceeding £2,000, to enlarge the Building of the said Church. [Spent.] No. 4.] [March 11, 1847. Ordinance to indemnify all Persons in regard to certain Acts done during the recent existence of Martial Law. [Spent.] No. 5.] March 30, 1847. Ordinance for the creation of Municipal Boards in the Towns and Villages of the District of Natal. No. 6.] [March 30, 1847. Ordinance for enabling the Lieutenant-Governor of Natal to make provision for regulating the dealing in and possession of Fire-arms and Ammunition within the said District. No. 7.] [March 30, 1847. Ordinance for enabling the Lieutenant-Governor of Natal to establish Public Pounds within the said District. No. 8.] [March 30, 1847. Ordinance for enabling the Lieutenant-Governor of Natal to establish Markets within the said District. No. 9.] [March 30, 1847. Ordinance for regulating the Sale of Wines and Spirituous and Fermented Liquors within the District of Natal. No. 10.] [March 30, 1847. Ordinance for laying certain Duties upon Licences and in lieu of Stamps within the District of Natal. No. 11.] [March 30, 1847. Ordinance for amending the Ordinance No. 14, of 1845, entituled Ordinance for erecting a District Court in and for the District of Natal. No. 12.] [March 30, 1847. Ordinance for the Establishment and Regulation of a Post Office and Postage within the District of Natal. No. 13.] [April 16, 1847, Ordinance for empowering the Commissioner for Claims to take. Evidence relating thereto. [Expired.] No. 14.] [June 25, 1847. Ordinance for enabling the Governor of the Colony to create. Courts of Resident Magistrates. [Repealed by Act No. 20, 1856.] No. 15.] [July 20, 1847. Ordinance for reviving the Provisions of the Ordinance No. 15, of 1844, entituled "Ordinance to provide for the Enregisterment in the Land Registers of the Colony of certain Subdivisions of the. Locations and Extensions of the Settlers of 1820." [Expired.] No. 16.] [July 24, 1847. Ordinance for the better Regulation of Pounds and Prevention. of Trespasses. [Repealed by Act 15, 1892.] No. 17.] [Sept. 11, 1847. Ordinance for declaring the true meaning and construction of the 21st section of the Ordinance No. 8, 1843, entituled "Ordinance. for improving the Public Roads of this Colony." [Repealed, with Ordinance No. 8, 1843, by Act No. 9, 1858.] No. 18.] [Sept. 11, 1847. Ordinance for applying a Sum not exceeding £179,981 9s. 7d. for the service of the year 1848. [Spent.] No. 19.] [Sept. 11, 1847. Ordinance for applying a Sum not exceeding £11,365 9s. 8d. for the service of the year 1847, in addition to the Sum already in that respect provided. [Spent.] |