Ord. 8-1852. Intervention of Clerk of the Peace. Transmission of preparatory examin General. failure to attend after due proof of the service of such summons, a further warrant under the hand of such Magistrate to enforce the appearance of such witnesses (which warrant may be executed by the person to whom it is directed either within or without the local limits of the jurisdiction of the Magistrate issuing the same), and such Magistrate shall proceed with the preparatory examination in the usual manner and do or cause to be done everything which by the said Ordinance No. 40 or any other Law or Ordinance is enjoined to be done by the officer conducting the preparatory examination, anything in the Ordinances No. 40 and No. 73 respectively to the contrary notwithstanding. Provided always that the Clerk of the Peace of such district or other person specially authorised in writing by the Attorney-General to act in any particular case may commence any preparatory examination or appear and intervene at any stage of any preparatory examination and assume the sole conduct and management thereof. 12. And be it enacted that in every such lastmentioned district ation to Attorney- where a preparatory examination has been taken by any Magistrate without the presence of the Clerk of the Peace or other person deputed by the Attorney-General such Magistrate shall transmit such preparatory examination to the Attorney-General at his office in Cape Town, or to such Clerk of the Peace as may from time to time be specified by the Attorney-General, to be by such Clerk of the Peace submitted for the consideration of the AttorneyGeneral. Conduct of prosecutions in Circuit Courts. Appointment of 13. And be it enacted, that at every Circuit Court held for two or more districts, all crimes and offences committed in either or any of the districts for which such court shall be holden, may lawfully be prosecuted either by the Clerk of the Peace of the said district, or by the Clerk of the Peace of the district in which such Court is held, or by any other person specially authorised by the AttorneyGeneral by any writing under his hand to prosecute in such Court all and singular the said crimes and offences: Provided that nothing herein contained shall be construed so as to deprive the said Attorney-General of any power which he may now possess to grant to any person a special authority to prosecute in any particular case pending in such Court. 14. And be it enacted that when and as often as any Clerk of prosecutor by Resi- the Peace shall by reason of sudden illness or other cause be unable dent Magistrate in case of emergency. to conduct in any Circuit Court the prosecutions which he would or might otherwise have conducted, and in consequence of such inability there shall not be any person entitled by law to conduct such prosecutions, it shall and may be lawful for the Resident Magistrate of the district in which such Circuit Court shall be holden or for the officer acting as such upon being satisfied of such inability, to grant by any writing under his hand an authority to some fit and proper person to prosecute such cases, which written authority shall be in substance as follows, that is to say: "I, the undersigned, do hereby certify that it has been made to appear to me that A. B., Esquire, the Clerk of the Peace for the district of is unable to appear in the Circuit Court to be holden at on the day of 18-, and according to the fact), and that in consequence of such inability it is necessary that some other person should be appointed to conduct in the said Court the prosecution of all crimes and offences committed in the district of and (or districts of as the case may be), and I do therefore hereby authorise and appoint C.D., of (Signed) E.F., Resident Magistrate of 18 And every person producing in any such Circuit Court any such authority, shall be entitled to conduct all such prosecutions as the person in whose room and stead he has been so appointed to act would, had he personally appeared in such Court, been competent to conduct: Provided always, that no such Resident Magistrate shall grant any such authority, unless from want of time, or other cause no authority to prosecute shall have been obtained from the Attorney-General upon application to him for that purpose. Provided, however, that no such authority, when given, shall be impeached or questioned upon the ground that, under the circumstances of the case, an authority from the said Attorney-General might have been obtained, had timely application in that behalf been made. 15. And be it enacted that this Ordinance shall commence and take effect from and after the promulgation thereof. No. 9.] [December 11, 1852. Ordinance for applying a Sum not exceeding £216,357 5s. 8d., for the service of the year 1853. [Spent.] No. 10.] [December 11, 1852. Ordinance for applying a Sum not exceeding £4,085 1s. 10d., for the service of the years 1851 and 1852, in addition to the sums already in that respect provided. [Spent.] No. 1.] [October 7, 1853. Ordinance to prevent the spread of the Cattle Disease, commonly called "Long Ziekte.' [Repealed by Act 27, 1893 ] Ord. 8-1872. Form of appoint ment. Time of taking effect of Ordinance. Preamble. No. 2.-Sd. George Cathcart.] [October 10, 1853. Ordinance to regulate till the expiration of the year 1854 the Dealing in Gunpowder, Firearms, and Lead. (1) WHEREAS an Ordinance was duly made and passed in this Colony on the 17th day of November, 1851, and numbered 5, 1851, entituled "Ordinance to regulate for one year the Dealing in Gunpowder and Firearms": And whereas by the twenty-seventh section of the said Ordinance it was enacted that the said Ordinance should commence from and after promulgation thereof, in manner and form as in the said section set forth, and should remain and continue in force for one year from the commencement thereof but with the provision nevertheless that it should be lawful for the Governor by proclamation in the Government Gazette to continue the said Ordinance in force for such further space or term not exceeding one year from and after the year aforesaid as the said Governor should deem necessary and determine. And whereas the said Ordinance was promulgated as aforesaid upon the 29th day of November, 1851, and thereupon took effect as law: And, whereas upon the 16th day of April, 1852, a certain other Ordinance, numbered 7, 1852, was duly made and passed in this Colony, entituled: "Ordinance to amend the Ordinance No. 5, 1851, entituled Ordinance to regulate for one year the Dealing in Gunpowder and Firearms,'" by which lastmentioned Ordinance all dealings in lead were placed under the like restrictions and alienations as those which by the Ordinance aforesaid, No. 5, 1851, had been and were provided in regard to firearms; And whereas the Governor of this Colony did, upon the 11th day of November, 1852, publish his proclamation bearing date the 8th day of the said month, whereby after reciting as therein is recited he did proclaim, declare, and make known that the said Ordinance No. 5, 1851, would continue and be of force for the space or term of one year, from and after the date upon or at which the said lastmentioned Ordinance would but for the said proclamation have expired and become of no effect: And whereas it is expedient to continue for a further limited term the said Ordinance No. 5, 1851, as amended by the said Ordinance No. 7, 1852, and with some other amendments: and whereas the end in view may be most conveniently and advantageously accomplished by repealing both the Ordinances aforesaid and by re-enacting in this Ordinance the Repeal of former several provisions of the Ordinances aforesaid with all necessary amendments: 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 commencement and taking effect of this Ordinance the Ordinance aforesaid, No. 5, 1851, and the Ordinance aforesaid, No. 7, 1852, shall be and the same are laws. 171 1 Made perpctual by Act 28, 1864; see also note to Ord. 7 of 1834;. see Act 1892. hereby respectively repealed, save and except in so far as either of the said Ordinances repeals any former Law or Ordinance or any part thereof or relates to the prosecution and punishment of any offences committed before the commencement and taking effect of this Ordinance, in regard to which repeal and which offences the said Ordinances shall respectively remain and be in full force and effect. 2-7. [Repealed by Act No. 17, 1892.] Ord. 2-1853. Issues from private magazine by author ity of resident magis trate. ity. Cases in which jusice of the peace may grant authority. 8. (1) And be it enacted that no storekeeper of any private magazine situate within this Colony shall, from and after the commencement of this Ordinance, issue any gunpowder in any quantity whatsoever from any such magazine without the previous permission in writing of the Resident Magistrate of the district in which such magazine shall be situated; which permission shall set forth the quantity of gunpowder to be issued and the name of the Form of authority. person to whom it is to be issued, and which permission, which shall in substance correspond with the form marked No. 3 in the schedule to this Ordinance annexed, shall be delivered to and preserved by such storekeeper; and any storekeeper who shall Penalty on deliverdeliver any gunpowder contrary to the provisions of this section ing without authorshall for every offence be liable upon conviction to be imprisoned and kept at hard labour for any term not exceeding seven years: Provided that if in any case any private magazine shall be situated at a greater distance than twelve miles from the office of the Resident Magistrate of the district in which such magazine shall be situated, then the permission in writing of any Justice of the Peace of the said district (not being the owner of or interested in the gunpowder mentioned in such permission) may be received by such storekeeper in lieu and stead of the permission of the said Resident Magistrate: provided, also, that in any district in which there shall not be at the time of the commencement of this Ordinance such safe and fitting private magazines as shall be required for the secure storing of such gunpowder as shall be in or come to such district, every such building, store, or place as the Resident Magistrate of such district shall approve of and appoint to be a private magazine for the time being shall be deemed and taken to be a private magazine within the meaning of this Ordinance provided, also, that such Resident Magistrate may subject to the confirmation or disallowance of the Governor appoint Approval by magisa fit and proper person to be storekeeper to any such temporary trate of private magmagazine as well as to any private magazine in his district which ment of temporary shall not already have a storekeeper duly appointed and provided also, that every store or place belonging to Her Majesty's Board of Ordnance in which gunpowder belonging to private persons shall be permitted to be placed shall also so far as such last mentioned gunpowder is concerned but no farther, be deemed to be a private magazine and provided, also, that no storekeeper of any such 1 See § 3, Act 14, 1857, Act 13, 1877, and § 1, Act 29, 1879. azine and appoint storekeeper. Ord. 2-1853. barrel, &c., in private magazine. magistrate of place than 100 lbs. may be opened. magazine shall open or permit to be opened within any such Penalty on opening magazine any barrel, keg, or other case containing gunpowder; and any such storekeeper as aforesaid who shall contravene this provision of this section shall upon conviction forfeit not exceeding (1) fifty pounds; and provided, also, that in case there shall be in in any town or place in which there shall be one private magazine or more private magazines than one any licensed dealers therein at whose premises it shall be deemed to be inadvisable that gunpowder should be retailed in the manner hereinafter contemplated Appointment by and provided for, it shall and may be lawful for the Resident where gunpowder in Magistrate of the district in which any such private magazine shall quantities not more be situated, by writing under his hand, to authorise and require the storekeeper thereof to remove from and out of such magazine, at the desire of the owner of any of the gunpowder stored therein, any quantity of such owner's gunpowder, not exceeding one hundred pounds weight, at any one time, to some safe and convenient place adjacent to such magazine, and to be mentioned in such written authority, there to be strictly kept by such storekeeper, at which safe place any barrel, keg, or other case containing such removed gunpowder may be opened by such storekeeper, and any quantity of gunpowder mentioned in any such permission as is in this section mentioned may be from time to time delivered by such storekeeper. But no second or subsequent removal as aforesaid of any gunpowder belonging to any one owner shall take place as long as any of that owner's gunpowder first or previously removed shall not have been delivered by such storekeeper under and by virtue of some such permissions as aforesaid, and all gunpowder in any such place as aforesaid and not yet delivered by such storekeeper shall be regarded, deemed, and judged of for all purposes of this Ordinance precisely as if such place were actually part and parcel of the private magazine under such storekeeper's control. 9. And be it enacted, that no such Resident Magistrate or gunpowder is needed. Justice of the Peace, as is in the last preceding section mentioned shall grant any such permission as in the said section mentioned until it shall have been made to appear to his satisfaction by the person applying for the same that the gunpowder sought to be taken from or out of such private magazine is needed for some necessary and proper purpose; and every such Resident Magistrate or Justice of the Peace is hereby authorised, in every case in which he shall see reason or think it necessary so to do, to require before granting such permission that the person desiring the same shall enter into a bond or obligation, which shall in substance correspond with the form marked No. 2 in the schedule to this Ordinance annexed, conditioned for the production of such proof or evidence as such bond shall specify that the gunpowder to be mentioned in such permission has been actually delivered or dealt Proof of proper purpose for which 1 Printed as amended by Act 11 of 1875, § 2. |