ESTABLISHMENT OF THE DEBT REGISTRY. (1) [June 19-1714. Maurits Pasques de Chavonnes, Councillor Extraordinary of Netherlands India and Governor on behalf of the United Netherlands Chartered East India Company at the Cape of Good Hope and its dependencies, and the Council thereof, make known: How that it hath come to our knowledge, &c., &c. [The first part of the Placaat has reference to the Education of Minors, under guardianship of the Orphan Chamber, and is obsolete.] Further, it having been experienced that there hath hitherto Preamble. remained unused and not adopted in practice in this Government, the registration of Kusting Brieven, Obligations before Schepenen and Orphan Masters and other Bonds passed before Commissioners of the Court here, whereby from time to time, divers lands, houses, erven, and other property, are bound, as well specially as generally, in favour of the holders thereof, whereby not only many difficult lawsuits are caused, but likewise the good inhabitants, or the Company's servants, who are inclined to put out their money at a proper interest, are kept back, inasmuch as it can never be seen what may be due by any persons by Kusting Brieven or Obligations before Schepenen, Orphan Masters, and writings of Mortgage on their immovable property, which, for the welfare of the good inhabitants, ought not to be. Now, therefore, we, desiring to provide by these presents in the premises, have considered it highly necessary to order and command all Company's servants, or inhabitants belonging to this Government, as we order and command all of them and each in particular and every one whom in any respect it may concern, that all persons shall be bound, within the period of four months, or before the 19th of the ensuing month of October, to exhibit at the Secretary's office at this place, all such Kusting Brieven, Obligations before Schepenen, Orphan Masters, and other writings of Mortgage, must be exhibited at executed before Commissioners of the Court, whereby any immovable property has been bound or hypothecated, and to give in to the Secretary the amounts or contents of their writings of Mortgage and of such as may be from any cause in their possession, and which shall in future be required to take place in every case when any such writings of Mortgage shall be obtained, to the end that a proper Register may be formed and kept thereof, and it Placaat 22 April, 1793; Placaat 23 May, 1805; Ord. 39-1828: Ord. 21836; Ord. 14-1844; Ord. 27-1846; Act 3-1865, § 16; Act 39-1877, § 29; Act 19-1891. Mortgage Bonds the Secretary's office. B ence. June 19, 1714. may always be possible to see when any immovable property is lawfully mortgaged, so that all persons may, in the putting out of money, regulate themselves accordingly; under the penalty that Unregistered Bonds who so neglects doing this shall forfeit the preference which would deprived of prefer- otherwise, in that respect, be awarded to him before other creditors. And that no one may pretend ignorance hereof, we order that these presents shall be published and affixed as usual at the proper time and place, in such manner as has been resolved to be fitting, for the benefit of the Commonwealth and the service of the Honourable Company. Thus done and decreed in the Castle of Good Hope, the 19th June, Stamp Ordinance.-Stamps on "Grosses" or Authentic [June 26-1714. [Repealed by Stamp Acts 1864-'84.] Regulation respecting the Water flowing from Table Mountain. [December 15, 1761. Preamble. [Obsolete.] ABOLITION OF ALL LAWS AND USAGES AUTHORI- The States-General of the United Netherlands, unto all who shall see or hear read these presents, greeting: Know ye that, although from the earliest times unto the present day, in the Colonies of this State, as well in the East as West This date is not filled in in the MSS. 1 See Act 1-1860, (Introduction of convicted felons); Act 6-1884, (Imprisonment of criminals sentenced in adjacent territories). Indies, comprised under the style and situated within the limits of the charter of the East and West India Companies, the power has been exercised of confiscation of goods of delinquents, who, in consequence of crime committed had forfeited liberty and life, yet it has appeared to us, not only that abuse might be made of that power, but likewise that, in its exercise, several disputes and difficulties constantly arise; and that, moreover, actual injustice is inherent in it, inasmuch as by such confiscation the wives, children, or near relations of such delinquents are made, although themselves innocent, to share in the punishments imposed on them by the loss of the goods confiscated. That for these and other reasons, for the general good of the inhabitants, and in order to remove the aforesaid hardship in several Kingdoms and States, and especially in the Provinces of Holland and Zeeland, where heretofore this power was exercised in the same manner, it hath been disused or wholly abrogated. Placaat-April 22, 1779. property of criminals Now, therefore, we, being desirous in like manner to provide Confiscation of the therein for the welfare of our aforesaid Colonies and our inhabi- abolished in all Coltants thereof, have been pleased, upon deliberation with the Coun- onies. cil of State, after previous consultation and communication with His Highness the Prince of Orange and Nassau, our hereditary Stadtholder, to decree, as of our sovereign power and authority we do hereby decree, that from henceforth no confiscation of goods of delinquents. entire or partial, shall or may be ordered in our Colonies aforesaid, either by the Courts of Justice or by any other inferor Courts therein, for any reason or offence whatever, great or small, none excepted-and not even the Crimen Perduellionis or Leesa Majestatis (treason) - abolishing, cancelling, and nullifying for treason. in so far, all laws, placaats, privileges, customs, and usages which might have an effect contrary hereto,-not desiring that the same shall in that particular be hereafter put to any further use, with instruction and express command to all judges, superior or inferior, within our aforesaid Colonies, to regulate themselves punctually according to this our placaat. And in order that no person may pretend ignorance of the same, we order and command the authorities of the chartered East India Company, the representative of His Royal Highness and authorities of the West India Company, the Directors of the Colony of Suriname, as also the Directors of the Colony of Berbice to cause this our placaat to be published and affixed in all directions in the respective Colonies under their authority, at the places where it is customary to make such publications and affixions, and to cause the same to be observed and acted upon by all superior and inferior Courts of Justice of the aforesaid Colonies. In all cases, not excepting conviction B 2 April 22, 1783. Given in the Hague under the seal of State, the Certificate of the President of our Council and the signature of our Registrar on the 10th August, 1778. The seal of their High Mightinesses being printed on the "Spatium," on a red wafer covered with a paper lozenge (Endorsed) The Placaat on the other side was published here in the usual manner on the 22nd April, 1779. In the Castle of Good Hope, 23rd April, 1779. April 22 1783. ANIMALS. Preamble. RENEWAL OF THE FOLLOWING WARNING, RESPECTING THE CARCASES OF HORSES, OXEN, &c., ON AND NEAR THE PUBLIC ROADS. (1) WHEREAS it is daily found that certain of the inhabitants, whose horses, oxen, and other beasts of burden, whether through weakness or otherwise, happen to fall down upon the public roads and die there, permit them to lie there and rot, without taking any further trouble about them, by which the air is infected, and other evils arise Therefore, we, wishing to provide against this, have thought fit to ordain and direct, as we hereby ordain and direct, that whenever, as well in the Cape as in the country districts, any of the abovementioned animals or other cattle through sickness or other accident should happen to fall upon or about the public road, or are compelled to be left behind, so that there is nothing else to Cattle dying on or be expected but that such animal or animals will die there, such buried by those in animals shall then be thrown into a hole, to be dug by those whom it may concern, whether Europeans or slaves, and be covered over with earth, under penalty that whoever shall be found neglectful Penalty nifty rix- herein shall be mulcted in a fine of fifty rixdollars; and masters of slaves who shall offend herein shall be liable for such slaves. Wherefore let everyone beware. near roads to be charge of them. dollars. In the Castle of Good Hope, 4th September, 1742. By order of the Honourable the Governor and Council, J. DE GRANDPREEZ, Councillor and Sec. 1 See Acts 27, 1882: Part 2, § 7, sub-section 8, and 27, 1893, § § 9, 10. Thus done and renewed in the Castle of Good Hope, 22nd April, April 22, 1793. 1783. Published and affixed on the 30th of the same month. By order of the Honourable the Governor and Council, O. M. BERGH, Councillor and Sec. REGULATIONS FOR THE PREVENTION OF CONFUSION IN THE DEBT REGISTRY. (') WHEREAS it hath been discovered and hath come to our knowledge that, in the registration of bonds passed before Magistrates and Orphan Masters whereby landed property is specially hypothecated, numerous abuses have heretofore taken place in the register, which is for this purpose kept at the Political Secretary's office, from which nothing but confusion and injury can result, as well to the creditors as debtors, and it has therefore become necessary for the public interest as well, that every one who has advanced money upon hypothec of landed property should have the certainty and knowledge that these hypothecs have been properly notified, in order to retain his right of preference; as also that every one of the inhabitants may be satisfied that in the aforesaid register of debts no other debts are entered against him than those actually due by him. Therefore it is that we, in order to be able to rectify the aforesaid Register of Debts here, and to purify it of errors existing therein, in such manner that every one may henceforward be able to rely on it with perfect confidence, have resolved to ordain and enact, as is hereby ordained and enacted: That all holders of mortgages, bonds before Magistrates, and of bonds passed for the residue of purchase money under which landed property hath been specially hypothecated, shall be held and bound to appear before commissioned members of the Court of Justice of this Government (who shall attend gratis for this purpose, to commence from the 8th of the next month of May, on See Foot Note on Page 1. Preamble. Commission to examine bonds. |