have removed from the said wharf all goods already deposited thereon by him, and which goods shall then remain upon the said wharf, in contravention of the 3rd section of this Act. Any person landing any such cargo which the wharfmaster shall have directed not to be landed shall be liable to a penalty not exceeding £10.

No. 4-1837.

No boat to be made fast to steps of wharf

space allotted to fish

8. No person shall make fast any boat to the steps attached to any wharf, nor shall any boat be hauled up for repair at or upon nor to encumber the the space allowed to the fishermen at the Central Wharf, upon ermen's boats,--penwhich to haul up their boats; nor shall any timber be landed or alty £5. placed upon the aforesaid space which must at all times be kept clear for fishing boats. Any person contravening any of the provisions of this section shall be liable to a penalty not exceeding £5. 9. All penalties incurred under this Act shall be recoverable Penalties how rein the Court of the Resident Magistrate of Cape Town, or in the Court of the Judge and Superintendent of Police (1) of Cape Town; and in case of non-payment, upon conviction of any penalty imposed by any such Court, under this Act, the person offending may be imprisoned, with or without hard labour, for any period not exceeding one month.

coverable.

Repugnant section of Ordinance No. 6,

10. The seventh section of Ordinance No. 6, of 1851, (2) in so far as it is repugnant to or inconsistent with any of the provisions 1851, repealed. of this Act, is hereby repealed.

No. 5-1857.1

[June 29, 1857.

An Act for establishing more effectually the Settlement in this Colony of certain Military Settlers.

[Lapsed.]

No. 6-1857.]

[June 29, 1857.

An Act to reduce the existing Rate of Transfer Dues payable on the Sale of Landed Property.

[Repealed by Act 7, 1858.]

No. 7-1857.]

AN ACT

[June 29, 1857.

For Regulating the Payment of the Expenses of Fieldcornets and other Public Officers attending to give Evidence in certain Criminal Cases. (*)

WHEREAS Field-cornets and other public officers are occasionally Preamble. summoned to attend as witnesses in criminal cases, for the purpose of giving evidence regarding matters with which they have been concerned solely in their official capacity: And whereas doubts 1 This Court is abolished.

So much of this Ord. as relates to Cape Town is repealed by Act 22 of 1872. "Extended by Proclamation No. 80 of 1890 to all the Native Territories. also Ords. 59, 1829; 69, 1830 25, 1847, and Act 12, 1886, §1.

See

No. 7-1857.

Field-cornet, fieldcommandant, or jussummoned to give

matters with which

remunerated under

1848.

exist whether, when so attending, they can lawfully be allowed any expenses other than the ordinary expenses provided by Ordinance No. 59, entitled "Ordinance for regulating the payment of the Expenses of Witnesses attending to give evidence on criminal trials and preparatory examinations": And whereas it is proper to remove such doubts, and to provide that such witnesses shall be considered, when so attending to give evidence, as officially engaged in the public service, and be paid accordingly: Be it 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, that is to say:

1. As often as any Field-cornet, Field-commandant, Assistant tice of the peace, Field-cornet, or Justice of the Peace, shall attend as a witness evidence in regard to before any Court or Justice of the Peace, in this Colony, under they have been offici- such circumstances that he would, if an ordinary witness, be ally concerned, to be entitled to be allowed expenses under the Ordinance aforesaid, Ordinance No. 9, No. 59, at and after the rate therein provided, he shall, in case he shall have been summoned to give evidence regarding matters with which he has been concerned solely in his official capacity, receive and be allowed expenses at and after the rate of remuneration for Field-cornets, when from home on service, set forth in the Ordinance No. 9, 1848, entitled "Ordinance for regulating the duties and remuneration of Field-cornets "; that is to say, he shall receive, as and for his expenses, an allowance for horse-hire at the rate of one shilling and sixpence per hour, together with a further allowance at the rate of seven shillings and sixpence per day.

No. 8-1857.]

[June 29, 1857.

An Act for Introducing into this Colony Immigrants from Europe.

[Spent.]

No. 9-1857.]

AN ACT

[June 29, 1857.

Preamble.

For Amending the Act No. 20, 1856, entitled "An Act for Amending and Consolidating the Laws relative to the Courts of Resident Magistrates." (1) WHEREAS it is expedient to amend the Act No. 20, 1856, entitled "An Act for Amending and Consolidating the Laws relative to the Courts of Resident Magistrates," by authorising Courts of Resident Magistrates, held elsewhere than at the stated and ordinary place for holding such Courts, to try civil cases:

See Act 16, 1882.

And whereas, also, it is expedient to correct a manifest error in the forty seventh section of the said Act, arising from the accidental insertion of the word "not," where the said word was not meant to be inserted, whereby the construction of the said section might be rendered doubtful and obscure: And whereas, also, it is expedient to make certain other amendments in the said Act, and in the rules, orders, or regulations contained in the schedule annexed thereto, marked B: 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:

1. So much of the Act aforesaid, No. 20, 1856, and of any of the rules, orders, or regulations of Court contained in the schedule to the said Act, marked B, as shall be repugnant to, or inconsistent with, any of the provisions of this Act, is hereby repealed.

Forty-seventh section of Act No. 20,

2. In the forty-seventh section of the said Act, the word "not,' where it occurs in the third line of the said Act, as printed upon 156, corrected. vellum, between the words "for any period" and the words "exceeding one month," is hereby struck out and expunged; and all Magistrates and other persons who have hitherto acted upon, or in reference to, the said section as if it had been originally printed and passed as now amended, are hereby indemnified and held harmless for having so done.

courts

Periodical to have civil juris

3. The Courts of Resident Magistrate, held elsewhere than at the places fixed and appointed by proclamation of the Governor as diction. the stated and ordinary places for holding such Courts, shall henceforth have and exercise the same jurisdiction in civil cases as that possessed by the said Courts, when held at the stated and ordinary places so fixed and appointed as aforesaid.

B to Act No 2, 1856,

repealed.

4. Rule No. 2, as set forth in the schedule aforesaid, marked B, Rule 2 in schedule is hereby repealed, and the rule No. 2, in the schedule to this Act, marked A, is hereby substituted in its place and stead.

5. In the rules numbered twenty-nine and thirty, in the said schedule set forth, the words "four months," are hereby struck out and expunged, and the words "one month" substituted in their room and stead.

Rules 29 and 30 altered.

Additional rules in schedule B to this

6. The additional rules, orders, and regulations contained in the schedule to this Act, marked B, are hereby established and Act established. enacted.

7. [Repealed by Act 16, 1882.]

court to be entitled

8. The messenger of the Magistrate's Court, serving or executing Messenger of the any summons, warrant, or order, mentioned in the schedule, to horse-hire. marked D, to the Act aforesaid, No. 20, 1856, shall be entitled in addition to the fees mentioned in the said schedule as fees to be taken by such messenger, to his reasonable horse-hire,(1) to be fixed by the Resident Magistrate: Provided that no messenger shall be entitled to any horse-hire in any case in which the place for the

1

Charges fixed by Rule of Supreme Court published in Gazette, 4th January, 4878. See also § 7, Act 21, 1876.

service of the summons, or the execution of the warrant or order, shall be within three miles of the place of holding the Court: And provided that no messenger shall be allowed horse-hire at a rate exceeding the rate, for the time being, which would be lawfully chargeable by a Deputy Sheriff, executing, in the same district, the process of the Supreme or of any Circuit Court.

Magistrate to hold

courts at places and

by Governor.

SCHEDULE A.

Rule 2. The Resident Magistrate shall hold a Court at such place. on days appointed or places as the Governor shall, by proclamation, have appointed, and upon such days as shall, in regard to each Resident Magistrate, have. been announced by Government notice, published in the Government Gazette. The places for the holding of the Court, as well as the days for the holding of the same, may be from time to time increased, diminished, or otherwise changed, by proclamation or Government notice, according as the change shall relate to the place or places, or Such courts to ex- to the days, of holding such Court; and every such Court when holden tist on sale at more places than one within any district, shall have and exercise the same jurisdiction, civil and criminal, at every place at which it Stated and ordinary shall be held. But in all districts in which the Court of Resident places for olding Magistrate is appointed to be held at more places than one, some one court to be appointed for each magistracy. place shall, by proclamation, be, in case it shall not have already been, announced as the stated and ordinary place for the holding of such Court.

isdiction in all places.

SCHEDULE B.

Process of periodi

cases may be issued

person appointed for that purpose.

ADDITIONAL RULES, ORDERS, and REGULATIONS, respecting the manner and form of proceeding in civil and criminal cases before the Courts of Resident Magistrates, respectively, of the Colony of the Cape of Good Hope.

IN CIVIL CASES.

1. The process of the Court of Resident Magistrate for summoning cal court in civil any person, whether as a party or a witness, in any Periodical Court, by any person ap- may be issued by any person, resident at or near the place where such pointed thereto by Court is intended to be holden, who shall be nominated and appointed, Government notice. by any Government notice in the Government Gazette, to issue the said Process to be in process: And such process shall, in substance, correspond with the due form, and may forms prescribed by the rules of Court for process issued and be executed by any delivered by the clerk of the Court, and shall state the place where the said Periodical Court is intended to be holden, and shall be directed to and be executed and returned by any such person as the Resident Magistrate shall from time to time, by any writing under his hand, nominate and appoint. And any such person so nominated and appointed shall have and possess the like powers and authorities, and be entitled to the like fees, as the messenger of the said Court would have been possessed of, or been entitled to, had the same process been directed to and executed and returned by him and such process shall at the foot be signed thus, "A. B., appointed by Government notice.

:

of the

at

185-, to issue the process of the Periodical Court

No. 9-1857.

Process so issued,

as aforesaid, to be of

of the court.

2. All such process as in the last preceding section mentioned shall have the like force and effect, in all respects, as if the same had been the same force as directed to the officer appointed to execute, ordinarily, the civil process that issued by clerk of the said Court, and had been signed, issued, and delivered by the clerk of the said Court: Provided, always, that nothing in this rule contained shall be construed so as to prevent the issue and delivery, in common form, by such clerk, of any process for requiring the appearance of any person before the said Court, at any place where such Court shall be appointed to be held: Provided, also, that the clerk of the Court may, at the stated and ordinary place for holding the Court of Resident Magistrate, sign and issue process for any Periodical Court within the district, and may direct, and may deliver or transmit, such process to the person nominated and appointed as aforesaid, by the to be executed. Resident Magistrate, to execute the process of such Periodical Court: who shall execute the same, and return the same, after execution, to the person authorised by Government notice as aforesaid to issue the process of such Periodical Court.

Clerk of court may

issue process for per odical court.

Such process, how

nearer to district

before the latter

3. No person shall, without his own consent, be summoned, as the Defendant residing defendant in any civil action or proceeding, to appear before any than to periodical Periodical Court, unless such person shall reside nearer to the place court not to be sued for holding such Periodical Court than to the ordinary and stated place without his consent. for ho ding the Court of Resident Magistrate; and any summons Summons in conissued in contravention of the provisions of this rule shall, upon the rule to be dismissed application of the defendant, be dismissed with costs.

travention of this

with costs.

Officer issuing process of periodical court to keep civil record book.

of the Court and re

4. The person so appointed as aforesaid to issue the process for any Periodical Court, shall be furnished with a book, corresponding to the Civil Record Book, mentioned in the sixth rule of the Courts of Resident Magistrates, which book shall be called "Civil Record Book of the Periodical Court at ," and in which book such person as aforesaid shall make entries similar to the entries proper to be made in the Civil Record Book, kept by the clerk of the Court, and the Resident Magistrate, at every sitting of any Periodical Court, after the first sitting thereof, shall sign the said book, in attestation of its correctness. 5. The several duties which are by the rules, orders, and regulations of the Courts of Resident Magistrates appointed to be performed by the clerk of the Court, shall be performed, in regard to any Periodical Court, by the person appointed as aforesaid to issue the process of such Periodical Court, who shall be entitled to demand, and shall receive and account for, the same fees which the clerk of the said Court would be by law entitled to demand and receive: Provided, however, that the Resident Magistrate himself, or the clerk of the Court of Resident Magistrate, or clerk Magistrate of the district, if present, shall be entitled to perform, in any Periodical Court, such of the duties aforesaid as such Magistrate or clerk may see fit to undertake.

To act also as clerk ceive fees.

of district court, if present, may act.

Judgment in civil cases to be issued by

6. The process for the execution of any sentence or judgment, pronounced in any civil case determined in any Periodical Court, shall the officer issuing be issued by the person appointed as aforesaid to issue the process of process, and to be such Periodical Court, and shall be directed to, and be executed and executed by the mes returned by, the messenger of the Resident Magistrate's Court of the court or other perdistrict, or by such other person as the Resident Magistrate shall from ed. time to time, by any writing under his hand, nominate and appoint;

senger of the district

son thereto appoint