No. 11-1856. Repugnant part of Constitution Ordinance repealed. Electoral division of Victoria to include Queen's Town. Voters residing in toria, and to vote ac 10th November, 1853, create, upon the eastern frontier of the Colony, a certain division for fiscal purposes of the Colony, called the division of Queen's Town: And whereas it is expedient that all duly qualified persons in the said division should be entitled to be registered as voters, and to vote at elections of members of the Legislative Council, and of members of the House of Assembly; and that for such purpose, the said division of Queen's Town should be united to, and form part of, the electoral division of Victoria Be it therefore enacted by the Governor of the Cape of Good Hope, by and with the advice and consent of the Legislative Council and House of Assembly thereof, as follows: 1. So much of the Ordinance for constituting a Parliament for this Colony, amended, ratified, and confirmed by the Order of Her Majesty in Council, bearing date the 11th day of March, 1853, as shall be repugnant to or inconsistent with the provisions of this Act, shall be repealed, and is hereby repealed accordingly. 2. The electoral division of Victoria, in the said Ordinance mentioned, shall, for all the purposes of the said Ordinance, include Queen's Town to be the division of Queen's Town: and all persons in the said division registered as of Vie- of Queen's Town, duly qualified as in the 8th section of the said Ordinance required, shall be entitled, at and from the first ensuing registration of voters throughout the Colony, to be registered as voters in the electoral division of Victoria, and to vote at elections of members of the Legislative Council and of members of the House of Assembly. cordingly. Act, when to commence. Preamble. 3. This Act shall take effect from and after the promulgation thereof. No. 12-1856.] ACT [June 4, 1856. For Better Securing in certain cases the Inheritances of WHEREAS, from ignorance, neglect, and other causes, it not unfrequently happens that the survivor of two spouses, who at the time of the death of the first dying of them, had children of their marriage, under age, not merely fails to settle for, or secure in proper time, and in the usual way, the inheritances accruing to such minor children out of the estate of their deceased parent, but proceeds to marry again, without settling for or securing such inheritances, whereby confusion and litigation are likely to be created, and such minors are exposed to the risk of injury and loss: And whereas, whilst it is the duty of the several Matrimonial Courts of the Colony, before which all persons about to be married by special licence are bound to appear, to ascertain, in the case of widowers and widows, having minor children of a former marriage, See Order in Council, September 7, 1838, and Notes. 1 that the inheritances which have devolved upon such minors have been settled for or secured, no provision exists of the same nature or with the same object in regard to surviving spouses who are minded to marry not by special licence, but by banns: And whereas, it is expedient to make such provision: Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows: No. 12-1856. widow shall, prior to the Master of the their minor children, or secure such inheri tance by a deed of kinderbewys." 1. As often as any widower or widow, (') being the parent of A widower or any minor child, entitled to claim from such widower or widow re-marriage pay to any inheritance out of the estate of his or her deceased spouse, Supreme Court the shall be minded to contract another marriage, and to that end inheritance due to shall be desirous to have the banns of such intended marriage published by any minister of religion or marriage officer in this Colony, such widower or widow, or his or her agent, shall obtain and deliver to the Resident Magistrate of the district in which such banns are intended to be published, a certificate, signed by the Master of the Supreme Court, certifying that the amount of inheritance due to such minor child as aforesaid, from and out of the estate of his or her deceased parent, has been paid into the Guardians Fund, or otherwise, a certificate from the Registrar of Deeds, certifying that the customary bond or obligation, commonly called a "kinderbewys," is registered in the debt registry, for securing the amount of such inheritance: Provided that should it be necessary to publish the banns of any such marriage in more districts than one, then one such certificate as aforesaid shall be delivered to the Resident Magistrate of each district; or otherwise one such certificate shall be delivered to one of the said Magistrates, and a copy thereof, certified by such Magistrate to be correct, shall be delivered to the other Magistrate: And provided, also, that the said Master and the said Registrar shall, upon request, grant such certificates as aforesaid, without fee or charge. (2) ficate. 2. The Resident Magistrate, upon receiving such a certificate or Magistrate's certiattested copy of certificate as aforesaid, shall deliver to the party delivering the same to him a certificate signed by him, certifying that it has been made to appear to him, that no reason exists, arising out of unsecured inheritances of minor children, why the banns of marriage of the widower or widow who shall be named in such certificate shall not be published. In case of doubt or question as to mi nor's title to inheri 3. In any case in which any widower or widow, having any minor child who is alleged not to be by law entitled to any inheritance from or out of the estate of his or her deceased parent, shall tance. be minded to contract another marriage, such widower or widow shall apply to the Resident Magistrate of the district in which banns are desired or required to be published, for a certificate, of the like tenor as that in the last preceding section mentioned: See also § 14, Proc. 23, May, 1805, and § 22, Ord. 105. 2 But see Sched. 2, Act 20, 1884. No. 12-1856. If magistrate refuse certificate, ap chambers. Provided that in any such case, involving matter of law, which the said Magistrate shall decline to take upon him to determine without legal advice, he shall require the party applying for such certificate to state, under the inspection and subject to the correction of such Magistrate, a case for the written opinion of the Attorney-General of the Colony, and to obtain such opinion for the information of such Magistrate, who shall grant his certificate as aforesaid, in case the said Attorney-General shall be of opinion that the minor child or children in question are not, by law, entitled to any inheritance from or out of the estate of its or their deceased parent; but who shall withhold such certificate in case the said Attorney-General shall not give such an opinion as aforesaid, as also in case no opinion of the said Attorney-General shall be produced: Provided, further, that when any such banns as in this section mentioned are desired or required to be published in each of two districts, a certificate from each Resident Magistrate shall be necessary; and provided, also, that it shall be lawful for any such Magistrate to grant his certificate, although he shall not have received the certain other certificate in the first section mentioned,-in case it shall be made to appear to him by the party applying for his certificate that the value of the joint estate in question in such case was under one hundred pounds sterling. 4. In any case under this Act in which the Resident Magistrate plication to judge in shall see cause to withhold his certificate aforesaid, it shall be lawful for the person who shall have applied for such certificate to apply to a Judge of the Supreme Court, in Chambers, for an order upon such Magistrate, to grant such certificate, and thereupon it shall be Jawful for such Judge, in the most summary and least expensive manner, to inquire into the case, and after inspecting such documents, and calling for such proofs, as to him shall seem needful, to grant or refuse such order, as to him shall seem expedient: Provided that in no case shall the costs of making any such order be awarded against the Magistrate, unless the necessity for such order shall have arisen from his wilful neglect or default. Certificate has no legal force except as tion of banns. 5. No such certificate as aforesaid, whether made upon a Judge's authorising publica- order or not, shall be of any force or effect in law, except simply to authorise the publication of banns of marriage; and all matters and things regarding the rights, inheritances, estates, or interests of minors, and of all others, shall be judged of, after the granting of such certificate, precisely as if the same never had been granted. published until such duced. Banns not to be 6. (1) No minister of religion or marriage officer shall publish certificate is pro- the banns of any person whom he shall know to be a widower or widow, having a minor child or children of a former marriage, until there shall be delivered to him such a certificate as aforesaid, signed by the Resident Magistrate of the district in which such 1As to Marriages by Special Licence see § 6, Act 9, 1882. banns are desired or required to be published; and if any such minister or marriage officer shall discover, after one or more publications of banns, that either of the parties intending to marry is such a widower or widow as aforesaid, then such minister or marriage officer shall suspend the further publication of such banns until he shall be furnished with such certificate as aforesaid: Provided, also that if such discovery as aforesaid shall be made. after the publication of banns shall have been completed, such minister or marriage officer shall not solemnize the marriage until such certificate shall have been delivered to him. 7. This Act shall commence and take effect from and after the promulgation thereof. No. 13-1856.] ACT [June 4, 1856. For Constituting the District of Tulbagh a Division. No. 13-1856. Act when to com mence. WHEREAS the district of Tulbagh now forms part of the Preamble. Electoral Division of Worcester, and whereas it is expedient that the District of Tulbagh should be constituted a separate division for fiscal purposes, but continue, nevertheless, to belong to the Electoral Division of Worcester for electoral purposes: Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows: of Constitution Ordinance repealed. 1. So much of the 7th section of the Ordinance for constituting Repugnant section a Parliament for this Colony (1) as is repugnant to or inconsistent with this Act is hereby repealed. division. solved. 2. From and after the first day of January, one thousand eight Tulbagh a fiscal hundred and fifty-seven, the district of Tulbagh, according to its existing limits, shall become and be a division for fiscal purposes, as well as a district, and shall cease, for fiscal purposes, or any purpose other than that in the next succeeding section mentioned, to belong to the division of Worcester; and from and after the Divisional council date aforesaid, the Divisional Council for the time being of the of Worcester disnow existing division of Worcester shall stand dissolved, and the provisions of the Act No. 5, 1855 (2) entituled "An Act for creating Separate councils Divisional Councils in this Colony," shall apply to the divisions Tulbagh. of Worcester and Tulbagh respectively, as then limited and bounded, precisely as if no Divisional Council in the existing division of Worcester had ever been elected: Provided also that the registered voters for the Electoral Division of Worcester resident within the Fiscal Division of Tulbagh, and none other, shall be entitled to vote at any election of members of the Divisional Council for the division of Tulbagh. 1 Constitution Ordinance. Repealed by Act 4, 1865, which in its turn is repealed by Act 40, 1889. for Worcester and E 1 No. 15-1856. of Worcester. 3. Notwithstanding the erection of the said district into a Tulbagh to remain division as aforesaid, the said district and division of Tulbagh part of electoral divi- shall continue for electoral purposes, to form part of the Electoral Division of Worcester, precisely as if this Act had not been passed, and as if the said district had not been erected into a division. 4. This Act shall commence and take effect from and after the promulgation thereof. Act when to commence. No. 14-1856.] [June 4, 1856. An Act for amending the Act No. 5, 1855, entituled "An Act for Creating Divisional Councils in this Colony." [Repealed by Act 4, 1865.] No. 15-1856.] ACT [June 4, 1856. To Amend the Laws regulating the relative Rights and Duties of Masters, Servants, and Apprentices. (1) WHEREAS it is expedient to amend and consolidate the laws regulating the relative rights and duties of masters, servants, and apprentices: Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and the House of Assembly thereof, as follows: 1. From and after the commencement and taking effect of this Act, the Ordinance entituled "An Ordinance for amending and consolidating the Laws regulating the relative rights and duties of Masters, Servants, and Apprentices," enacted by the Governor of the Cape of Good Hope, with the advice of the Legislative Council thereof, and bearing date the 1st of March, 1841, and all Orders in Council confirming or continuing the said Ordinance (except in so far as the said Ordinance, or any of the said orders, repeals any former law or usage), the Act No. 4, 1855, entituled "An Act for encouraging the importation of European Labourers into this Colony," and all other laws and regulations repugnant to any of the provisions of this Act, shall be repealed, and the same are hereby repealed accordingly. 2. For the purposes and within the meaning of this Act, unless it be otherwise specially provided, or there be something in the subject or in the context repugnant to such construction,-1st, The word "Governor" shall mean the officer lawfully administering the Government of this Colony; 2nd, The word "servant shall be construed and understood to comprise any person employed for hire, wages, or other remuneration, to perform any handicraft 1 See Acts 18, 1873; 28, 1874: 7, 1875; 35, 1886; 8, 1889; 30, 1889. Extended by Proclamation No. 206 of 1893 to all the Native Territories. |