No. 11-1862.] ACT [August 7, 1862. For Facilitating the Borrowing of Money by Grantees. upon Security of Land granted to them by the Crown. mortgages on for call upon Governor WHEREAS difficulties exist in the way of grantees in the division Preamble. of Queen's Town, and in certain other divisions of the Colony, obtaining money upon the security of the lands granted to them by the Crown under conditions of forfeiture in certain cases specified in the grants, and by reason whereof the improvement of the lands contained in these grants is retarded in consequence of the want of capital: Be it therefore 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. In every case in which lands so granted as aforesaid shall Persons holding have become forfeited, it shall be lawful for all persons holding a feited grants may duly registered and bonâ fide mortgage upon the same to call upon to sell the lands and the Governor at any time within six months from such forfeiture pay off the mortgage having been declared and published in the Government Gazette, to sale. put up the lands for sale by public auction upon conditions of the same tenor and form as those appearing in the original grant thereof, so far as the same may be applicable at the time; and out of the net proceeds of such sale the Governor shall cause to be paid to the said person or persons so applying, and in the order of their priority, the amount of principal, interest, and lawful expenses due under any such mortgage: Provided that the sum to be paid shall not in the whole exceed one-half of the net proceeds the proce-ds. of such sale. from the proceeds of Sum paid not to exceed one half of No. 12-1862.] ACT [August 7, 1862. For Reviving the Ordinance No. 15, 1844, entitled "Ordinance to Provide for the Enregisterment in the Land Registers of this Colony of certain Subdivisions of the Locations and Extensions of the Settlers of 1820." WHEREAS by the Act No. 7, 1859, provision was made for Preamble. continuing in force until the 31st December, 1861, certain of the clauses of Ordinance No. 15, 1844, entitled "Ordinance to Provide for the Enregisterment in the Land Registers of this Colony of certain Subdivisions of the Locations and Extensions of the Settlers of 1820" And whereas it is expedient to continue the provisions of the said Ordinance: 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. 12-1862. 1. It shall and may be lawful for the Governor of the Colony, Power of Governor at any time after the taking effect of this Act to issue any such to issue proclamations under Ordin- proclamation as is in the second section of the Ordinance aforesaid,. arce 15, 1844, con- No. 15, 1844, mentioned and described; and thereupon every tinued. t proclamation so issued shall be deemed and taken to be valid and effectual, and all and singular the provisions of the said Ordinance in reference thereto and to any subdivision of location mentioned therein shall be of full force and effect. No. 13-1862.] [August 7, 1862. An Act for Continuing the Act No. 26, 1857, entitled "An Act for Punishing Emissaries from Kafirland and others delivering in this Colony to Kafirs resident therein Messages dangerous to the Public Peace." [Expired.] No. 14-1862.] [August 7, 1862. An Act to Regulate till the Expiration of the Year 1863 the Dealing in Gunpowder, Firearms, and Lead. [Expired.] No. 15-1862.] [August 7, 1862. An Act for Applying a Sum not exceeding Four Hundred and Thirty-eight Thousand and Seventy-two Pounds Two Shillings and Six Pence for the Service of the Year 1862. [Spent.] No. 16-1862.] [August 7, 1862. An Act for Applying a Sum not exceeding Two Hundred and One Thousand Eight Hundred and Seventy Pounds for the Service of the Year 1863. [Spent.] No. 17-1862.] [August 7, 1862. An Act to Extend certain Provisions of the Act No. 10 of 1858, entitled "An Act for Enabling the Harbour Board of Port Elizabeth to levy certain Wharfage Dues." [Spent.] No. 18-1862.] [August 7, 1862. An Act for Amending Act No. 13 of 1859, entitled "An Act to Incorporate the Simon's Bay Dock or Patent Slip Company." [Superseded by Act 26, 1885.] No. 1-1863.1 [July 28, 1863. An Act to Provide for the Construction and Maintenance of the Public Roads of the Colony. [Repealed by Ast 40, 1889.] No. 2-1863.] [July 28, 1863. An Act to Provide for the imprisonment in this Colony of certain Criminals sentenced in British Kaffraria. No. 3-1863. [Lapsed.] No. 3-1863.] ACT [July 28, 1863. To Amend the Act No. 13 of 1855, entitled "An Act for the Appointment of Shipping Masters, and for other purposes relating to the Merchant Shipping Act, 1854.'" WHEREAS the provisions of the Act of the Imperial Parliament, Preamble. to wit, the "Merchant Shipping Act, 1854," as contained in the two hundred and forty-second section thereof, have, in certain respects, been altered and amended; and whereas it is expedient to amend the Act of the Colonial Parliament, to wit, the Act No. 13, 1855, entitled "An Act for the Appointment of Shipping Masters, and for other purposes relating to the 'Merchant Shipping Act, 1854,'" so that the same shall correspond with the alterations and amendments in the Imperial Act above mentioned: Be it enacted by the Governor of the Colony of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows: Powers of cancelling or suspending certificates of mas ters or mates vested 1. The powers of cancelling or suspending the certificate of a master or mate by the two hundred and forty-second section of the Act of the Imperial Parliament, entitled the "Merchant Ship- in local courts." ping Act, 1854," conferred on the Board of Trade, shall vest in and be exercised by the Court or Tribunal duly authorised by the seventeenth section of the Act No. 13, 1855, of the Colonial Parliament, entitled an "Act for the Appointment of Shipping Masters, and for other purposes relating to the 'Merchant Shipping Act, 1854,'" to make enquiry into the several matters and things recited in the said last mentioned section of the said Act of the Colonial Parliament. pension or cancella thereupon. 2. (') Every such Court or Tribunal shall, at the conclusion of Sentence of susthe case, or as soon after as possible, state, in open Court, the tion of certificate decision to which it may have come, and shall, with all convenient and proceedings dispatch, transmit the proceedings in such inquiry, together with their decision, to the Governor; and no such decision shall take effect unless it be confirmed by the Governor, who may, if he shall think fit, direct such Court or Tribunal to take further evidence, or to reconsider such decision (); and such Court or Tribunal shall, in all cases, send a full report upon the case, with the evidence, to the Board of Trade, and shall also, if it determine to 1 Printed as amended by § 5. Act 13, 1874. * But see note (3) to § 242, sched. to Act 13, 1855. Power of Governor to direct reconsidera tion of decision. No. 3-1863. cancel or suspend any certificate, forward such certificate, or any directions it may have given in reference thereto, to the Board of Report to be made Trade, with their report, so that the said Board may exercise the to Board of Trade. powers conferred by paragraph four, section twenty-three, of 25th and 26th Victoria, chapter sixty-three. Statement of the to owner of certih 3. No certificate shall be cancelled or suspended unless a copy of case to be furnished the report, or statement of the case upon which the investigation twenty-four is ordered, has been furnished to the owner of the certificate at least twenty-four hours before the commencement of the investigation. cate quiry. Certificate to bede 4. Every master or mate whose certificate is or is to be suspended livered to the court. or cancelled in pursuance of this Act, shall, upon demand, deliver his certificate to such Court or Tribunal by which the case is investigated or tried, or, if not demanded by such Court or Tribunal, to the Board of Trade, or as such Court or Tribunal may direct, in Penalty for default. Writing, and in default shall, for each offence, incur a penalty not exceeding fifty pounds. Short title of Act. 5. This Act may be cited as the "Local Merchant Seaman's Amendment Act, 1863," and shall be construed with and as part of the "Local Merchant Seamen's Act, 1855." No. 4-1863.] [July 28, 1863. An Act to Amend Act No. 4 of 1858, constituting the Board of Public Examiners. [Repealed by Act 16, 1873.] No. 5-1863.] [July 28, 1863. An Act for Continuing the Act No. 26, 1857, "An Act for punishing Emissaries from Kafirland, and others delivering in this Colony, to Kafirs resident therein, Messages dangerous to the Public Peace." [Expired.] No. 6-1863.] [July 28, 1863. An Act to Regulate till the Expiration of the Year 1864 the Dealing in Gunpowder, Firearms, and Lead. [Expired.] No. 7-1863.] [July 28, 1863. An Act to Amend the Act No. 7, 1862, entitled "An Act for the Construction of a Railway to Malmesbury." [Lapsed.] No. 8-1863.] [July 28, 1863. An Act to Amend the Act No. 8, 1862, entitled "An Act for constructing a Railway from Wellington to Worcester." [Lapsed.] No. 9-1863.] [July 28, 1863. An Act to Amend the Act No. 9, 1862, entitled "An Act for constructing a Railway from Port Elizabeth to Graham's Town.” [Lapsed.] No. 10-1863.] [July 28, 1863. An Act for Authorising the Governor to secure by Letters Patent, to the Inventors thereof, the exclusive enjoyment for a limited period of an Apparatus to Scour Wool and of a Plough for the better Cultivation of Vineyards. [Expired.] No. 11-1863.] An Act to Increase the Rate of Transfer Duty. [Repealed by Act 5, 1884.] No. 12-1863.] [July 28, 1863. [July 28, 1863. An Act to Amend in certain respects the Law regulating Stamp Duties and Licences. [Repealed by Act 3, 1864.] No. 13-1863. No. 13-1863.] ACT [July 28, 1863. For Establishing certain Tolls. WHEREAS it is expedient that certain toll-bars be established Preamble. and declared, in addition to the toll-bars by the Act No. 23 of 1858, entitled "An Act for declaring Main Roads and regulating Tolls," provided: 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. All and singular the several toll-bars mentioned and set forth in the schedule to this Act, marked A, are hereby established; and such persons respectively as shall be authorised by the Governor so to do shall be entitled to demand and receive at every such toll-bar the several tolls which in and by the said schedule, marked A, are mentioned and set forth as the tolls to be demanded and received at such toll-bars. SCHEDULE A. I. Toll-bars and Toll-rates payable at "Carlisle Bridge" (Espag's Drift), 1. Upon each wheel of every four-wheeled vehicle, not s. d. 2. Upon each wheel of every such vehicle provided with 0 3 .. 0 2 Toll-bars estab lished. Governor empow ered to appoint per sons to demand tolls. |