Ord. 62-1829. Nor attainment of majority by operation of law. his property in any such manner as by the laws of this Colony he might have done before the passing of this Ordinance. 4. And be it further enacted that nothing herein contained shall extend or be construed to prevent any person, under the age of twenty-one years from attaining his majority at an earlier period by operation of law. No. 63. Ordinance for establishing Boards for the [July 29, 1829. Registration of [Repealed partially by Ordinance No. 89, and wholly by Act No. 20 of 1856.] No. 64. [Aug. 6, 1829. Ordinance for regulating the due. Collection, Administration, and Distribution of Insolvent Estates within this Colony. [Repealed by Ordinance No. 6, 1843.] No. 65. [Aug. 6, 1829. Ordinance for establishing certain Regulations for the Protection of the Public Health in cases of arrival of Vessels from Foreign Countries in the Ports of this Colony, with malignant diseases on board of an infectious or contagious nature. [Repealed by Act No. 16 of 1857.] No. 66. [Sept. 1, 1829. Ordinance for extending the Jurisdiction of Resident Magistrates in certain cases of Ejectment. [Repealed by Act No. 20 of 1856.] No. 67. [Dec. 10, 1829. Ordinance for altering and amending the Laws relative to the granting of Licences for the Sale of Wines, Malt Liquors, and Spirituous Liquors. [Repealed by Ordinance No. 93.] No. 68.-Sd. G. Lowry Cole.] [January 13, 1830. Ordinance for the Relief of His Majesty's Roman Catholic Subjects in this Colony. 1 WHEREAS an Act was passed in the tenth (2) year of his present Preamble. Majesty's Reign, entituled an Act for the relief of His Majesty's Roman Catholic subjects; and whereas it is expedient that such enactments and provisions of the said Act as are or may be applicable to this Colony shall be extended thereto, so altered and modified as to meet the circumstances of the case : Be it therefore enacted by His Excellency the Governor in Council, that after the commencement of this Ordinance it shall and may be lawful for any of His Majesty's subjects professing the Roman Catholic religion to hold, exercise, and enjoy all civil and military offices, and places of trust or profit, under His Majesty, his Leirs or successors; and to exercise any other franchise or civil right, upon taking and subscribing, at the times and in the manner hereinafter mentioned, the following oath (3), instead of the oaths of allegiance, supremacy, and abjuration, and instead of such other oath or oaths as are or may be now by law required to be taken for the purpose aforesaid by any of His Majesty's subjects professing the Roman Catholic religion. Roman Catholic hold civil and milicise all civil rights on taking and subscrib subjects entitled to tary offices and exer ing oath. of England for the of the act of limita tion to be substituted 2. And it is further enacted that wherever in the oath hereby Name of sovereign appointed and set forth, the name of his present Majesty is time being, by virtue expressed or referred to, the name of the Sovereign of the Realm of England for the time being, by virtue of the Act for the on oath. further limitation of the Crown and better securing the rights and liberties of the subject, shall be substituted from time to time, with proper words of reference thereto. 3-14 repealed by Act 11 of 1868. [January 13, 1830. No. 69-Sd. G. Lowry Cole.] WHEREAS it is expedient to provide for the more ready and Preamble. * But see Act 18 of 1891 § 5, which substitutes another form of oath. nesses' expenses in nations in Cape Town Ord. 72-1830. cheques to be issued under the provisions of the Ordinance No. 59, Cheques for wit- for payment of witnesses attending either of the aforesaid Courts, criminal trials and shall be addressed to the Treasurer and Accountant-General, and preparatory exami- shall be presented for payment at the Treasury in Cape Town and the Cape district within seven days after the date thereof, and not afterwards; anythe Treasurer- thing contained in the 5th and 6th sections of the said Ordinance General, and to be No. 59 to the contrary notwithstanding; and if the Treasurer and Accountant-General shall not pay the amount of such cheque when duly presented to him the party entitled to the same may sue for the recovery thereof in any competent Court. (1) to be addressed to paid by him. Preamble. cluded from giving No. 70. [February 3, 1830. Ordinance for authorising the Philanthropic Society to purchase Slaves for the purpose of Manumission, and to apprentice the same for any term not exceeding the period at which they shall attain the age of eighteen years. [Virtually repealed by the Act 3 and 4 William 4th, C. 73.] No. 71. [February 3, 1839. Ordinance for abolishing the Office of Trustee of the Public Library in Cape Town, and for vesting the Management thereof in a Committee of the Subscribers to that Institution. [Repealed by Ordinance No. 8, 1836.] No. 72.-Sd. G. Lowry Cole.] [March 1, 1830. Ordinance for altering, amending, and declaring in certain respects, the Law of Evidence within this Colony. (2) WHEREAS it is expedient to alter, amend, and declare, in certain respects, the law of evidence within this Colony: Be it therefore enacted and declared by His Excellency the Governor in Council, No person to be ex- that from and after the passing of this Ordinance no person shall evidence, except on a be excluded from being sworn as a witness, or from giving evidence lezal objection held in any Court within this Colony, except in repect of a legal objection to his competency made, and appearing, to such Court to be valid. The court to decide 2. And be it further enacted and declared that it shall be comon admissibility of evidence. petent for the Court alone in which any case may be depending to decide upon all questions concerning the competency of any The jury to deter- witness or the admissibility of any evidence; and that in all cases which shall and may lawfully be tried by a jury it shall be competent for such jury alone to determine as to the effect of any evidence admitted by the Court, aud as to the degree of credit to be attached thereto. valid. mine effect of evidence admitted. 1 See note to § 6, Ord. 59. 2 See Ordinance 14-1846, Acts 4-1861, 3-1864 § 12, 17-1874, §§ 4, 5 and 8, 21-1877, 13-1886, §§ 6, 7 and 8, 18-1891. Under various Statutes certified extracts from or copies of documents, &c., are admissible. See Alphabetical Index under "Evidence.' cation. 3. And be it further enacted and declared, that no person Ord. 72-1830. appearing, or proved to be afflicted, with idiocy, lunacy, or insanity, Incompetency from or labouring under any imbecility of mind arising from intoxica- insanity and intoxition or otherwise whereby he is deprived of the proper use of reason, shall in any case be competent to give evidence while under the influence of any such malady or disability. derstand the obliga Children to be examined on oath. 4. And be it further enacted and declared, that no child shall in Children who unany case be excluded from being sworn as a witness, or be deemed tion of an oath comincompetent to give evidence, in respect of age, provided such child petent. understands the nature and recognizes the religious obligation of an oath And be it further enacted and declared, that it shall not be competent to examine any child as a witness except upon oath; and that when any child cannot be sworn in consequence of want of sufficient understanding, it shall not in any case be competent to admit in evidence any account or statement which such child may have given or made to any other person as the evidence of such child on the subject-matter of such account or statement. (1) 5. And be it further enacted and declared, that it shall not, in any case, be competent to examine any person as a witness except upon oath, or to administer an oath to any person as a witness who does not understand the nature and recognize the religious obligation of an oath: () Provided, always, that no person who understands the nature and recognizes the religious obligation of an oath shall in any case be excluded from being sworn as a witness on account of the religious tenets professed by such person. (2) Witnesses to be examined on oath. 6. And be it further enacted and declared that in all cases the Form of oath. oath to be administered to any person as a witness shall be administered in the form which shall most clearly convey to him the meaning of the oath and which he shall consider to be binding on his conscience. 7. [Repealed by Act No. 18-1891.] 8. [Superseded by § 2 Ord. 14 of 1846.] 9. And be it further enacted and declared, that no person shall Competency of acin any criminal case, be incompetent to give evidence, in respect of complices. having been an accomplice, either as principal or accessory, in the commission of any crime or offence charged in the indictment, information, or complaint under trial in such case. Freedom from liability to prosecution 10. And be it further enacted and declared that where any person who has been an accomplice, either as principal or accessory, of accomplices giving in the commission of any crime or offence charged in the indict- evidence. ment, information, or complaint under trial, shall in any case be produced as a witness by and on the part of the prosecution, shall submit to be sworn as a witness, and shall fully answer 2 32 of the Charter of Justice provides that in all criminal cases the witnesses shall deliver their evidence vira voce and in open Court. Ord. 72-1830. to require from pro charging such ac complice from lia to the satisfaction of the Court all such lawful questions as shall be put to him while under examination, such person shall thereby be absolutely freed and discharged from all liability to prosecution for any such crime or offence, either at the instance of the public Accomplice entitled prosecutor or of any private party where he has been produced as secutor a writing un- a witness by and on the part of the public prosecutor, or where he der his hand dis- has been produced as a witness by and on the part of any private bility to prosecution. Prosecutor, from all prosecution for such crime or offence at the instance of such private prosecutor. And it shall and may be lawful for the said Court, thereupon to cause such discharge to be duly entered on the record of the proceedings in such trial: Provided always, that no such accomplice, produced as a witness by and on the part of any private prosecutor, shall in any case be bound, or legally compellable, to answer any question whereby he may criminate himself in respect of any crime or offence charged in the indictment, information, or complaint under trial, unless there shall be produced to him, and put on record where the case is tried in the Supreme or any Circuit Court, a writing under the hand of the Attorney-General, and in any inferior Court a writing under the hand of the officer who by law is entitled to prosecute at the public instance in such Court, discharging such accomplice from all liability to prosecution at the instance of the public prosecutor for such crime or offence. Evidence of accomplice not to be used tried for the offence. 11. And be it further enacted and declared, that where any such against him, if he accomplice as aforesaid in any crime or offence charged in any should thereafter be indictment, information, or complaint, shall have been produced as a witness, by and on the part of the public prosecutor or of any private prosecutor (by whom there shall have been obtained from the Attorney-General, or other officer as aforesaid, a written discharge of such accomplice from liability to prosecution as aforesaid), and shall have given evidence at the trial of such indictment, information, or complaint, it shall not be competent to give in evidence against such accomplice, if he shall thereafter be tried for such crime or offence, any part of the testimony which shall have But accomplice is been so given by him at the said trial as aforesaid: Provided ble to penalties of always, that nothing herein contained shall extend or be construed perjury,-and evi- to free or exempt any such accomplice who shall be guilty of perjury not affected. prevarication, or who shall be convicted of having committed wilful and corrupt perjury, while under examination as a witness in any such trial as aforesaid, from any pains, penalties, or forfeitures to which persons guilty of prevarication, or convicted of wilful and corrupt prejury, are or shall be liable by any Law or Ordinance of this Colony; or to render incompetent or inadmissible any evidence which would otherwise be competent and admissible in the trial of such accomplice on a charge of having been guilty of wilful and corrupt prejury on his examination as a witness in any such trial as aforesaid. notwithstanding lia prevarication and dence on charge of |