No. 21-1863. Twelve months to expire before levy paying to the petitioning creditor his costs of suit, and of his said petition, be divided pro rata amongst the creditors, and a second rate, not exceeding one penny per pound shall be assessed; and so on and until the debts of the said Council and all interest legally chargeable thereupon shall have been finally discharged: Provided that not less than twelve months shall elapse between the day upon of second rate. which any preceding rate became due and payable and the day upon which any succeeding rate shall become due and payable, so that the ratepayers may not in any case be assessed under the provisions of the aforesaid Act No. 9, 1858, or of this Act, in a larger sum than one penny per pound per annum; and provided Supreme Court to that it shall be competent for the said Supreme Court to settle, if settle priority necessary, the priorities of the several creditors according to their respective rights. claims. of. Supreme Court to appoint officer to re ceive such rate. 11. As often as the Supreme Court shall assess any rate for the purpose of paying creditors, such Court shall appoint a receiver, who shall be charged with the recovery of such rate, and who shall give security for the due performance of his office, and shall be entitled to such percentage or other remuneration as the said Court shall fix; and shall conform to all instructions regarding the custody of the moneys received by him, or other matters, as the said Court shall from time to time issue for his guidance. shall be given in the Government Gazette and one or more news- given in Government papers published as aforesaid, of every rate assessed as aforesaid, Gazette. and of the day on which such rate will become due and payable, and such notice shall be in substance as follows:: Notice Notice of assess DIVISION OF MOSSEL BAY.-RATE UPON IMMOVABLE PROPERTY. Notice is hereby given that the Honourable the Supreme Court ment of rate to be Dated at Cape Town, this day of 18-. X. S. L., Registrar of the Supreme Court. Provided that such notice as aforesaid shall be published for not less than thirty-one days before the day mentioned in such notice as that upon which the rate shall become due and payable. 12. The receiver of any such rate as aforesaid shall be entitled to recover the amount thereof in any competent Court. 13. Any surplus of the amount of any such rate as aforesaid which may happen to exist after the discharge of all the debts. which it was assessed to liquidate shall be paid to the said Divisional Council. Receiver of rate may recover. Surplus to be paid to divisional council. No. 1-1864. tures, &c. 14. Any such order of Court as aforesaid, referring it to the Effect of order of Master to report upon the debts of the said Council, shall have the court on all deben- effect of making all debentures, securities, and engagements granted by the said Council due and payable forthwith, notwithstanding that the same might not, but for such order, have been payable till some future date. Short Title. 15. This Act may be cited for all purposes as "The Mossel Bay Divisional Council Loan Act, 1863." No. 22-1863.] [July 28, 1863. An Act to extend certain Provisions of the Act No. 7 of 1860, entitled "An Act for enabling the Harbour Board of Mossel Bay to levy certain Wharfage Dues.” [Spent.] No. 23-1863.] [May 6, 1864. "Act to An Act to amend Act No. 35 of 1861, entitled an No. 1-1864.] AN ACT [May 4, 1864. Preamble. Officer of customs empowered to de mand bond from importers on notice be ing given in House pose increased duties For the better Protection of the Customs Revenue in certain cases. WHEREAS, as often as any increase of Customs duty has been brought under the consideration of Parliament, it has been found that the particular articles proposed to be affected by such increase are, during the progress of the Act framed for the purpose of imposing such increased duty, taken out of bond at the lower rate of duty 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. When and as soon as any member of the Executive Council, acting for and on behalf of the Governor of the Colony, shall, in the House of Assembly give notice of a resolution or resolutions of Assembly to pro- to be offered for the adoption of the said House, whereby it shall be proposed to affirm the expediency of increasing the rate of Customs duty payable upon the importation of any goods, merchandise, matters, or things, it shall be lawful for the officers of the Customs department, acting under instructions to that effect from the Governor aforesaid, to refuse to permit any of the goods, merchandise, matters, or things, mentioned in such resolution, or resolutions, to be entered for consumption, unless, and until, the person proposing to pay duty upon the same shall, together with a surety to be approved of by the principal officer of Customs at such port of entry, enter into a bond conditioned for the payment of such increased duty as Parliament may afterwards think fit to authorise and impose, and such bond shall, in substance, be in the form contained in the schedule annexed to this Act. (1) No. 1-1864. Form of bond. sons entering into between rate paid ment. 2. In case Parliament shall, by any Act thereof, passed during Liability of perthe same session, direct and appoint that the rate of Customs duty bond for difference previously payable upon any article or articles mentioned in any and rate made payasuch resolution or resolutions shall be increased, it shall be lawful ble by Act of Parliafor the Collector of Her Majesty's Customs in this Colony to call upon the person who entered for consumption the said article or articles, to pay the difference between the duty paid by him, and the increased duty payable under the said Act, and in case he shall refuse or neglect so to do, the said bond shall by the said Collector, be put in suit for the recovery of such difference. 3. Provided, however, that whenever a bona fide sale in bond, duty to be paid by the seller, of any of the goods, merchandise, matters or things, in this Act referred to, shall have been made previous to the day of the notice of the resolution or resolutions aforesaid, and no delivery of the aforesaid articles shall at that time have taken place, then and in such case the person proposing to pay the duty upon the same shall, upon solemn declaration, by him to that effect, be bound and obliged to pay only such rate of duty as existed upon the day of the giving of the notice of the resolution or resolutions aforesaid. Exception in case vious to notice of of sale in bond pre resolution. When Bill is read first time, the same effect and conse 4. If, in any case, the Governor shall, instead of causing such a resolution or resolutions as aforesaid, to be offered to the House of a Assembly, send down to the said House a Bill, having for its object quences to follow. an increase of the Customs duty payable upon the certain article or articles enumerated in such Bill, then, when, and as soon, as such Bill shall have been read a first time, the same effects and consequences shall follow as those in the preceding sections mentioned, in regard to the giving of notice of the resolution or resolutions therein described. Right of demanding bond to extend session. 5. The right of requiring such bonds as aforesaid to be entered into shall in no case endure longer than till the end of the session only over a single of Parliament in which any such resolution or resolutions, or any such Bill, as aforesaid, shall have been brought under the consideration of Parliament; and such right may, by order of the Governor be terminated sooner, in case it shall appear that Parliament declines to sanction the proposed increase of Customs duty. And whereas the Governor did, on Friday, the 29th day of April, 1864, instruct the officers of Customs at the several ports of this Colony to require all persons paying duties of Customs on imported articles, after the said day, to enter into a bond to pay such increased rates of duty as may be proposed by the Governor and sanctioned by the Parliament, during the present session; And 'Printed as amended by Act 6 of 1885. No. 11861. whereas it is fitting that the Governor should be indemnified for issuing such instruction as aforesaid, and all officers of Customs indemnified for acting upon the same; Be it enacted as follows: Indemnity for de- 6. The Governor of the Colony, and all officers of Customs of mand made upon persons to give such this Colony, are hereby jointly and severally indemnified, freed, bond previous to passing of this Act. and discharged from all actions, suits, and proceedings whatsoever brought or instituted, or which may, hereafter, be brought or instituted aganst them in any of the Courts of this Colony, for or in respect of the instruction aforesaid, or anything done or to be done in pursuance thereof; and if any person or persons who shall, under and by virtue of such instructions have been required to enter into such a bond as aforesaid, and who shall have refused so to do, and who shall by reason of such refusal, have been refused permission to pay Customs duties upon any article or articles imported into this Colony, shall, whether before or after the taking effect of this Act, have brought or instituted any action, suit, or proceeding against the Governor or any officer or officers of Customs, for or in respect of such refusal, such action, suit, or proceeding shall be dismissed, and the defendant or defendants shall be entitled to his or their full costs. Articles in bond on 29th April, 1864, to 7. The provisions of the third section of this Act shall apply to be subject to provi- all articles in bond upon the said twenty-ninth day of April, 1864, sions of 3rd section. in like manner, as if upon that day, notice of a resolution or resolutions, for an increase of duty upon such articles, had been given under this Act. SCHEDULE. Know all men by these presents, that we, A B, of Cape Town, and CD, of the same place, merchants, are held and firmly bound to Her Majesty the Queen in the sum of £[Here insert a sum reasonably sufficient to cover such amount as may become claimable]; to be paid by us, jointly and severally and each for the whole, as co-principal debtors. Whereas there is now under the co 1 ration of Parliament a proposal to increase the rate of Customs auty payable upon certain articles enumerated in such proposal; and whereas the said A B has applied to pay duty, according to the existing tariff, upon certain articles enumerated in the said proposal, namely [Here insert the articles mentioned in the Resolution or Bill which A B proposes to pay duty upon.] Now the condition of the above bond is such that if the said A B shall, upon demand, pay to the principal officer of Customs at this port of- the difference between the amount of the Customs duty now to be paid by him upon the above articles, and the amount of such duty calculated according to the rate of duty which shall, by any Act or Acts to be passed during the present session of Parliament, be made payable upon the said articles, or any of them, then the above bond to be null and void, but otherwise to be of full force and effect. No. 2-1864.] [May 14, 1864. An Act for Increasing the Duties of Customs, and for allowing a Drawback upon Goods sent by Sea to British Kaffraria in the Original Packages. [Lapsed.] No. 3-1864, No. 3-1864.] ACT [July 26, 1864. For Regulating the Duties upon Stamps and Licences. (1) WHEREAS it is necessary to raise a larger revenue from Duties Preamble. upon Stamps and Licences, and from other Duties of a like nature, than has heretofore been raised therefrom: And whereas the Stamp Duties and other Duties imposed by the Proclamation of the Right Honourable Lord Charles Henry Somerset, the then Governor of this Colony, bearing date the thirtieth of April, one thousand eight hundred and twenty-four, besides being imposed in the old and now disused currency of this Colony, have become in many respects defective and unsuitable, and stand in need of revision and amendment: And whereas public convenience will be promoted by abrogating the schedule or tariff of Stamp Duties belonging to the said Proclamation and enacting others in their room and stead, and by repealing the Act No. 12 of 1863, for the purpose of incorporating its schedule, with amendments, into the schedule to this Act, so that the whole Stamp Law of the Colony shall as much as may be comprehended in one enactment: 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. The Proclamations aforesaid and the Act aforesaid, No. 12, Proclamation of 1863, entitled "An Act to amend in certain respects the Law Act No. 12 of 1863, 30th April, 1824, and regulating Stamp Duties and Licences," are hereby repealed, repealed. together with so much of any other law or usage heretofore in force in this Colony as shall be repugnant to or inconsistent with any of the provisions of this Act, or shall be such as would, if in force, operate concurrently with any of the said provisions. 2 Stamps according to and in conformity with the provisions contained in the schedule hereunto annexed shall be used and 1 See Acts 1-1868, 13-1870, 17-1873, 16-1876, 15-1877, 20-1884, 38-1887; Ords. 10-1846, 2-1838, 11-1846; Acts 10--1869, 11-1871, 16-1877. Same duties made payable in the districts of Idutywa, Butterworth, Nqamak we, and Tsomo by paragraph 79 of Proclamation No. 110 of 1879; in Griqualand East by paragraph 72 of Proclamation No. 112 of 1879; and in Tembuland and the districts of Kentani and Willowvale by paragraph 71 of Proclamation No. 140 of 1885. Obligation to use annexed schedule. stamps described in |