No. 13-1860. singular the provisions of the forty-seventh, forty-eighth, and' forty-ninth sections of the Act No. 20, 1856, entitled "An Act for amending and consolidating the Laws relative to the Courts of Resident Magistrates," shall extend and apply to all sentences pronounced by virtue of the powers conferred by this Act in like manner, precisely, as to the sentences in the said forty-seventh section of the said Act No. 20, 1856, mentioned and set forth: be inflicted before Provided, always, that the punishment of whipping shall in no sentence is confirmed case be inflicted until the proceedings are returned to the Magistrate with a Judge's certificate, as directed by the said section of the Act No. 20, 1856. Whipping not to by judge. No. 13-1860.] ACT [July 17, 1860. Preamble. For Creating a Body of Water Police at the Port of Cape- WHEREAS it is expedient to employ in Table Bay a body of Water Police for the repression of thieving in and from cargo-boats and upon the public wharfs, for the suppression of mutiny and insubordination on board ship, and for other purposes connected with the protection of property and the preservation of good order in the Harbour of Table Bay: And whereas, in order to defray in part the expense of such Water Police, it is expedient to increase the fees now payable at the Shipping Office in Cape Town, for or in respect of the engagement and discharge of seamen, and to provide for the payment in certain cases of certain charges for specific services which the Water Police may be desired to render, and shall render, to particular ships: 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:A t confined to I. Nothing in this Act contained shall extend to any Shipping Office or Shipping Master at any port in this Colony other than the Port of Cape Town. Cape Town. Fees for engage of seamen. 2. The table marked A in the schedule to the "Local Merchant ment and discharge Seaman's Act, 1855," is, in regard to the port of Cape Town, hereby repealed, and the following fees are hereby substituted in lieu and stead of the fees specified in the said table, that is to say: 1. Upon and for the engagement of a seaman, or auy number of seamen, for each seaman 2. Upon and for the discharge of a seaman, or any number of seamen, for each seaman £0 5 0. 030 As to Superannuation of Members of Water Police see Act 12, 1874. No. 13-1860. 3. The table marked B in the schedule aforesaid is also hereby repealed, and the following sums are hereby substituted in lieu Deduction from and stead of the sums specified in the said schedule, as the sums wages by way of parwhich may be deducted from wages by way of partial repayment fees, of the fees in the last preceding section mentioned, that is to say: 1. From the wages of any mate, purser, engineer, 2. From the wages of all others, except apprentices, £0 3 0 0 2 4. It shall be lawful for the Governor to cause such a number of fit and able men as Parliament shall from year to year provide for to be enrolled to serve as water policemen at and for the port of Cape Town. tial repayment of Governor may ap point water police Powers and duties 5. The men of the said Water Police Force shall be sworn in before any Resident Magistrate or Justice of the Peace, and shall of water police. act as constables for preserving the peace, preventing the commission of crimes, and apprehending offenders when crimes have been committed; and the men so sworn shall, within Cape Town, the Cape district, and the port of Table Bay, have all such powers, authorities, privileges, and advantages, and perform all such duties and incur all such responsibilities as any constable duly appointed now has, or hereafter may have, within his constablewick or assigned district, by virtue of any Law or Ordinance existing or to exist in this Colony, and shall obey all such lawful commands touching the manner in which they shall conduct themselves in the execution of their office as they may from time to time receive from their lawful superiors, as the latter shall from time to time be constituted, named and specified by the Governor. 6. A boat shall be provided for the Water Police, to be manned Police boat to be by the members of the force, and to be used by them in the provided. execution of their duty, and they shall convey seamen paying fees under the provisions of this Act to their respective vessels, upon each engagement, without making any charge. police. Fees charge 7. Criminal warrants against any person being on board of any Warrants to be ship in the harbour of Table Bay shall, as much as may be, executed by water be executed by the Water Police; and as often as any such warrant able. shall have been sued out at the instance of any master against his crew, or any of them, such master shall pay to the officer or person in command of the Water Police executing the same, the sum of ten shillings for each trip of the police boat necessarily taken in and about the execution of such warrant. Duty of water po 8. It shall be the duty of the Water Police Force to go on board lice in regard to vesany vessel about to sail from Table Bay, when so required by the sels putting to sea. master of such ship for the purpose of preventing the crew of such vessel, or any number of them, from unlawfully obstructing the sailing of such ship, and of rendering all such reasonable services No. 15-1860. Fees. Application of fees, Policemen not to receive any gratuity Governor. towards enabling such ship to set to sea as they may be desired and be able to perform. For and in regard to such services as are in this section mentioned every master desiring the same shall pay such sum, not exceeding five pounds sterling, as the Governor shall from time to time fix and determine. 9. All fees and charges authorised by this Act, when received by the officer commanding the Water Police, shall be paid over by him into the Colonial Treasury, at such times and in such manner as the Governor shall direct. 10. No member of the Water Police Force shall (except as unless authorised by hereinafter is excepted) receive from any shipmaster or other person any gratuity or reward for or in respect of anything done or to be done by him by virtue of or in connection with, his office as such policeman: Provided that nothing in this section contained shall extend to any gratuity or reward which may be voluntarily tendered by any shipmaster or other person, and which gratuity or reward the member or members to whom it shall be tendered shall by the Governor be authorised to accept. Any officer or member of the said force who shall without having had the authority of the Governor so to do receive any gratuity or reward shall, upon conviction, incur and be liable to a penalty Lot exceeding treble the amount or value of the gratuity or reward so received, and in case he shall not pay the same forthwith shall be liable to be imprisoned and kept at hard labour for any period not exceeding one month. Short title of Act, And when to com mence. 11. This Act may be cited for any purpose as the "Cape Town Water Police Act, 1860,” and shall commence and take effect from such day as the Governor shall, by proclamation, determine and appoint. (1) No. 14-1860.] [July 17, 1860. An Act for Amending the Act No. 5, 1855, entitled "An Act for Creating Divisional Councils in this Colony." [Repealed by Act 15, 1869.] No. 15-1860.] ACT [July 17, 1860. For Continuing the Ordinance No. 9, 1836, entitled "Ordinance for the Creation of Municipal Boards in the Towns and Villages of this Colony, on which the Local Regulations of each shall be founded," as also To have effect from 1st September, 1860. See Proc., 27th August, 1860. the Ordinance No. 2, 1844, entitled "Ordinance for No. 16 -1860 WHEREAS by the Ordinance No. 3, 1853, entitled "Ordinance Preamble. for Declaring the Ordinance No. 9, 1836, to be in force and operation," it is enacted that the said Ordinance No. 9, 1836, and the said Ordinance No. 2, 1844, as the said Ordinances are more fully described in the title of this Act, should cease to be in force upon the first day of January, 1861: And whereas it is expedient that the said Ordinances should be made perpetual: 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. (1) The Ordinances aforesaid, No. 9, 1836, and No. 2, 1844, Ord. 9, 1836, and shall be and remain in force until Parliament shall otherwise 2, 1844, continued. provide. 2. The Ordinance No. 9, 1836, may be cited for any purpose as Short Titles. "The General Municipal Ordinance, 1836," and the Ordinance No. 2, 1844, as "The General Municipal Ordinance Amendment Ordinance, 1844," and this Act as "The General Municipal Ordinance Continuing Act, 1860.” No. 16-1860.] ACT [July 17, 1860. To Amend the Law concerning Marriages. (2) WHEREAS it is expedient to afford additional facilities for con- Preamble. 1. The several Resident Magistrates of this Colony are hereby made and constituted marriage officers before whom marriages may be contracted. Resident magisriage officers. trates to be mar dule A to apply to 2. All and singular the clauses and provisions in the schedule Provisions of schemarked A to this Act annexed shall apply to marriages to be marriages before contracted before any Resident Magistrate, as fully and to all magistrates. intents and purposes as if the said clauses and provisions were here set forth as so many sections of this Act. officers 3. All appointments of marriage officers heretofore made by the Appointments of Governor of this Colony for the time being are hereby ratified and manage already made, conconfirmed, and declared to be and to have been as legal, valid, and firmed. 1 See note to Ord. 9, 1836. * Extended by Proclamation No. 145 of 1887 to Transkei, Tembuland, and Griqualand East; and by Proclamation No. 178 of 1392 to Port St. John's. See Act 40, 1892. No. 16--1860. Governor may appoint marriage offi Mohammedans. cial licence before effectual as if the Order of Her Majesty the Queen in Council of the 7th September, 1838, had by express words authorised the making of every such appointment. 4. The Governor may appoint in manner and form as in the cers for Jews and twelfth section of the said Order in Council mentioned, marriage officers, for the purpose of solemnizing the marriages of persons professing the Jewish faith, and marriage officers for solemnizing the marriages of persons professing the Mohammedan faith: Provided that no marriage solemnized by any such marriage officer shall be invalidated or impeached by reason that neither of the married parties belonged or was reputed to belong to the class or denomination for which such marriage officer was appointed. Marriage by spe- 5. Any marriage for the solemnization of which a special licence. how shall have been obtained, may, upon the production of such licence to any Resident Magistrate named therein, be solemnized and contracted before such Magistrate and witnesses, in manner and form as is in the schedule marked A annexed to this Act directed and enjoined: Provided that as often as a special licence shall be produced for authorising the solemnization of any marriage it shall not be necessary that notice of the intention to contract such marriage shall have been given or posted as in the said schedule provided, and such marriage may upon the production of such licence be solemnized forthwith. magistrate, solemnized. Act 12, 1856, for securing inheritances to all marriages under this Act. 6. The provisions of the Act No. 12, 1856, entitled "An Act of minors, to apply for better securing, in certain cases, the Inheritances of Minors," shall apply, mutatis mutandis, to all marriages solemnized after the taking effect of this Act by any Resident Magistrate, precisely as if the affixing of any notice of an intended marriage, as in the fourth clause of the said schedule marked A, were a publication of banns. Provided, however, that no such certificate as is in the said Act mentioned shall be issued. No fees to be charged under this Art. Short title of Act. 7. It shall not be lawful for any Resident Magistrate to demand or receive any fee, gratuity, or reward, for or by reason of anything done or to be done by him under or in pursuance of this Act. 8. This Act may be cited for any purpose as the "Marriage Act, 1860." Schedule A. Notice of intention to marry before magistrate. SCHEDULE (1) A. 1. In every case in which any persons shall desire to contract a marriage before any Resident Magistrate, one of the parties shall give notice under his or her hand or his or her mark, witnessed by two witnesses, in the form marked No. 1 to this schedule annexed, or to the like effect, to the Resident Magistrate of the district within which the parties shall have dwelt for not less than fourteen days, and shall state therein the name and surname (if any) and the condition and occupation or calling of each one of the parties intending mar 'Printed as amended by Act 9, 1882. |