No. 13-1864. ber of commissioners made regarding lia bility or proprietor or occupier for rate assessed. on the value of immovable property in such municipality: And provided that not less than four-fifths of the members of such Four-fifths of numboard of commissioners shall be present, and consenting to such present to consent. rate, at any meeting of such board at which such rate may be determined Provided that no more than one such rate shall One rate only in upon: each year leviable. be assessed in any one year. 11. It shall be competent for any municipality, by any muni- Regulation may be cipal regulations thereof, to fix and define, in regard to rates assessed under the twenty-eighth section of the Ordinance No. 9, 1836, whether such rates shall be payable by the occupier of immovable property or by the proprietor, or by either the occupier or the proprietor, at the option of the commissioners; and whether, in case the occupier shall be made liable for and shall be compelled pay any such rate, he shall or shall not have recourse against the proprietor for the amount so paid or any part thereof; and whether occupiers of a certain description shall have such recourse, whilst occupiers not of that description shall not have such recourse; and, generally, to impose or distribute the burthen of the municipal rates between or in regard to proprietors and occupiers in such manner as, under the circumstances of such municipality, may be deemed equitable and expedient. to 28 of Ordinance No. 12. The following proviso in the twenty-eighth section of the Provision in section Ordinance No. 9, 1836, namely: "Provided always that nothing 9 of 1836, giving herein contained shall prevent any person who feels himself right of appeal aggrieved by any such assessment from appealing therefrom to of rate, repealed. any Court having jurisdiction," is hereby repealed. against assessment against municipal 13. It shall be lawful for any person who feels himself aggrieved Right of appeal by the value put upon any property owned or occupied by him valuation. upon or for the purpose of the roll of assessment in any municipality to appeal against such valuation to the Court of Resident Magistrate of the district in which such property shall be situated, and such Court shall inquire into such valuation, and the decision of such Court shall be final and conclusive: Provided that no Provided that person appealing has person shall be entitled to bring any such valuation under the complied with regureview of any such Court unless and until he shall have complied lations regarding with the provisions of any municipal regulations of such municipality touching and concerning the manner in which the valuation of the properties in such municipality shall be corrected by the commissioners of such municipality upon the application of the owners or occupiers thereof. such valuations. exercise the powers nance No. 8 of 1848, pality. 14. It shall be competent for any municipality, by means of Municipalities may any municipal regulations thereof, to exercise all such powers conferred by Ordiand authorities as are conferred upon the board of commissioners in regard of waste of such municipality by the Ordinance No. 8, 1848, entitled land of the munici "Ordinance for enlarging in certain respects the Powers of Municipal Commissioners in regard to the common Pasture Lands of the Municipality "; and as often as such powers and authorities shall be exercised by means of municipal regulations, then the No. 14-1864. tion regarding waste fore Governor's as posting of notice and the other forms prescribed by the said lastMunicipal regula- mentioned Ordinance shall not be necessary: Provided, however, land to be posted be- that it shall be lawful for the Governor, before approving, sent is given. amending, or disallowing any such last-mentioned municipal regulations, to require that notice of the nature or object thereof shall be posted within the municipality, in manner and form as is by the second section of the said Ordinance, No. 8, 1848, directed for general information. Fines and penalties to be paid to municipality. Short title. Preamble. 15. The amount of all fines imposed upon persons convicted in any municipality of offences against the Ordinance No. 9, 1836, or against the municipal regulations of such municipality shall, when recovered, be paid into the treasury of such municipality, anything in the forty-seventh section of the Ordinance No. 9, 1836, to the contrary notwithstanding. 16. This Act may be cited as Ordinance Amendment Act, 1864. " No. 14-1864.] ACT The General Municipal [July 26, 1864. For Obliging Executors, Tutors, and Curators to lodge their WHEREAS it is necessary and expedient that better provision be made for obliging executors, tutors, and curators to lodge their accounts with the Master of the Supreme Court: Be it enacted by the Governor of this Colony, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows:I. As often as any executor, whether testamentary or dative, shall lodge account of ad- fail or shall have failed to lodge with the Master of the Supreme Master within twelve Court the certain amount mentioned in the thirty-third section of moned before Su- the Ordinance No. 104, within the space of twelve months from the Executor failing to ministration with months may be sum preme Court. suing. day on which letters of administration were granted to such executor, it shall be lawful for the said Master to summon said executor, so in default, to show cause before the Supreme or any Circuit Court Master to apply for why said account has not been so lodged as aforesaid: Provided account previous to that the said Master shall, not sooner than three months nor later than one month, before suing out any such summons as aforesaid, apply by letter, to the executor in default requiring him to lodge his account on pain of being summoned to do so under this Act: Master may extend Provided further that any executor receiving any such application cause being shown. from the said Master, may lay before the said Master such grounds and reasons as he may be able to advance why he has not lodged his account, and the said Master, should such grounds and reasons seem to him sufficient, may grant to such executor such an extenOn failure to satis- sion of time for the lodging of such account, as such Master shall fy Master, summons under the circumstances deem reasonable: And provided also that a judge's order shall if any such executor so in default shall fail to satisfy the said time on sufficient may be issued, unless have been obtained. Master that he ought to receive an extension of time, said Master shall be at liberty to summon such executor to lodge his account, unless such executor shall obtain from the Supreme Court, or some Judge thereof, and deliver to such Master an order made upon motion of which the said Master shall get notice, granting to such executor an extension of time within which to lodge his account 2. Although the Court or Judge aforesaid shall be of opinion that the ground and reasons laid before the said Master, by any executor, who shall be summoned to lodge his account as aforesaid, were such as would have warranted the said Master in granting an extension of time; the said Master shall nevertheless be entitled to his costs in case he shall, before summoning the executor whose grounds and reasons the said Master shall have overruled, and declared insufficient, have allowed such executor sufficient time for enabling him to apply to the Supreme Court or some Judge thereof, for such an order as aforesaid, granting to such executor an extension of time. No. 14-1864 Master entitled to where the Supreme costs in certain eases Court overrules his decision. obligation to lodge 3. Provided always that when the person by whom any Exemptions from testamentary executor has been appointed shall, by any deed duly account. executed by him, or by any clause in a will or codicil to a will, have directed that such testamentary executor shall not transmit to the office of the said Master an account of the whole administration and distribution of the estate of which he is such executor, then, and in every such case, no such executor shall be required to lodge the same with the said Master of the Supreme Court; except when an order for the production of the same shall have been made by the Supreme Court or any Judge thereof, on sufficient cause for the production of the same being shown by the Master, or by some person having an interest in the said joint estate: And that the survivor of two spouses married in community of property, to whom the predeceasing spouse shall by will have lawfully bequeathed all the share of the said joint estate belonging to such predeceasing spouse, shall by will or other lawful instrument have appointed the executor of his or her will and the tutor of his or her minor children, and the administrator (boedelhouder) of the said joint estate during the minority of such children, shall not in any case be required to transmit or lodge at the office of the said Master any such account as before mentioned, except when an order for the production of the same shall have been made by the Supreme Court, or any Judge thereof in manner aforesaid. Costs unless other preme Court, to be 4. The costs adjudged to the said Master upon any summons sued out by him or on his behalf, shall be payable by the executor wise ordered by Suin default in his individual capacity, and he shall not be at liberty paid by executor in to charge the same to the estate under his administration, unless authorised so to do by the said Supreme Court default. 5. It shall be the duty of the said Master to summon, as afore- Master to sue every said, every tutor, whether testamentary or dative, and every who shall fail to tutor and curator No: 14-1864. prescribed date. curator, whether nominative or dative, and every curator bonis, to Sodge account within show cause why any account which, under the thirty-eighth section of the Ordinance No. 105, ought to have been lodged with such Master has not been lodged, and unless such tutor or curator shall, before the day fixed by the said section for the filing of such account, obtain from the said Master or from the Supreme Court, or some Judge thereof, an extension of time within which to lodge the same, then the provisions of the second and fourth sections of this Act, regarding costs, shall apply to the motion aforesaid when made by the said Master under this section. Act to apply to executors appointed years before Act tion. to person to whom ed. 6. The provisions of this Act shall extend to all executors to after and within five Whom letters of administration as aforesaid shall be granted at corning into opera- any time after the taking effect of this Act, and to all executors to whom such letters of administration shall have been granted at any time within five years next before the taking effect of this Liability confined Act, but not to any other executors: Provided that this Act shall letters of administra- extend or apply to no executor except the individual who received tion have been grant- letters of administration to administer the estate of which the account has not been lodged, and that, in case of his death, the liability of his executors or heirs to lodge the account which, had he been living, he ought to have lodged, shall be judged of as if this Act had not been passed: Provided also that no executor to ed previous to this whom letters of administration shall have been granted at any before the expiration time before the taking effect of this Act, shall be summoned to after its coming into lodge his account until the expiration of twelve months next after the taking effect of this Act. Executors appoint Act not to be sued of effect. twelve months Supreme Court with estates in which no lodged.. Master to furnish 7. It shall be the duty of the said Master to render to the periodical return of Supreme Court, at the first sitting thereof, held after the expiraaccounts have been tion of three months from the taking effect of this Act, a return, in writing, of all such estates and administrations as aforesaid, in which accounts should have been lodged, but have not been lodged, and such Master shall, thereafter, on the first day of every term, render a return, in writing, to the said Court of all such estates and administrations as aforesaid, in which accounts shall have been lodged since the last preceding return was rendered, as well as of all estates and administrations (if any), in which accounts should have been lodged but have not been lodged, and a copy of every such return shall lie open for inspection in the office of the said Master. Short title. 8. This Act may be cited for all purposes as the "Executors' Accounts Act, 1864." No. 15-1864.] ACT [July 26, 1864. To Amend "The Criminal Law Amendment Act, 1861," and for other purposes. (1) WHEREAS "The Criminal Law Amendment Act, 1861," stands in need of certain amendments: And whereas, it is also expedient to amend the law regarding the Service of Criminal Process in certain cases: 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: Preamble. Repugnant por 1. So much of the said Act as shall be repugnant to or inconsistent with any of the provisions of this Act is hereby tion of Act No. 3 of repealed. 1860 repealed. panies may be named in indictments by 2. In every case in which it shall be necessary in any Joint-stock comindictment, to name any joint-stock company or co-partnership, as the persons injured or damaged by the commission of the offence their style or firm. charged in such indictment, or for any other purpose, it shall be sufficient to state the name, style, or firm of such company or co-partnership, without naming any of the officers or shareholders of such joint-stock company or any of the partners in such co-partnership, and one individual trading under the style or title of a firm may be described by such style or title. Persons indicted particular intent common assault. 3. Any person tried upon any indictment charging him with an assault with intent to commit a rape, or with an assault with any for assault with any other particular intent specified in such indictment, may be found may be convicted of guilty of a common assault. And any person charged with Ditto when inmurder or culpable homicide, in regard to whom it shall not be dicted for murder or proved to the satisfaction of the jury that he caused the death of the person whom he is charged with killing, may, in case the jury shall be satisfied that he is guilty of having assaulted such deceased person, be found guilty of a common assault. culpable homicide. 4. The eighteenth section of "The Criminal Law Amendment Section 18 of Act Act, 1861," is hereby repealed. No. 3, 1861, repealed. Defendant to be committed for trial before trial in after committal, by 5. No defendant shall be tried in the Supreme or any Circuit Court for any crime or offence, unless such defendant shall by an inferior Court have been previously committed for trial by some competent Court Supreme or Circuit or Magistrate, for or in respect of the crime or offence charged in Court. such indictment; and in case any defendant, after having been so On liberation, committed for trial, shall have been again liberated by order of the order of AttorneyAttorney-General, no process for summoning such defendant to General, no private answer any indictment at the suit of any private prosecutor shall place without leave be sued out without the leave of the Supreme or some Circuit Circuit Court. Court, or some Judge thereof, for that purpose first had and obtained: (2) Provided, always, that nothing herein contained shall 1 Extended by Proclamation No. 80 of 1890 to all the Native Territories. 2 See § 11 Ord. 40. and foot note thereto. prosecution to take from Supreme or |