expiration of such period of six months be deemed or taken to be a certificate of citizenship, or to be evidence to any extent that the person producing it is a Fingo and not a Kafir without a pass. And whereas it is expedient to continue, in regard to the people called Tambookies, the restrictions which were imposed by the Act No. 24, 1857, herein before repealed: Be it enacted as follows: 23. [§§ 23 and 24 repealed by Act 22, 1867.] No. 17-1864. delivered up and months after Act come into 25. All certificates of citizenship which may at any time before Certificates issued the taking effect of this Act have been granted to Tambookies or to Tambookies to be other Kafirs, shall, within six months next after the taking effect cancelled within six of this Act, be delivered up, for cancellation, to the Resident shall Magistrate of the district in which the holders thereof shall reside, operation. and no such certificate shall at any time after the expiration of such period of six months be deemed or taken to be a certificate of citizenship, or to be evidence to any extent that the person producing it is a Fingo, and not a Kafir without a pass. 26. The fourteenth section of the Act No. 27, 1857, entitled Section 14 of Act "An Act for regulating the terms upon which Natives of Kafir- No. 27,1857, repealed. land and other Native Foreigners may obtain employment in this Colony," is hereby repealed. to certificate after ten colony. leaving one service 27. Any Kafir or other Native Foreigner, whether one who Kafir or native formay have formerly received a certificate of citizenship or not, who eigner entitled shall prove to the satisfaction of the Resident Magistrate of the years' service in the district in which he resides that he has for not less than ten consecutive years next before his application to such Magistrate been constantly in service in this Colony, and who shall not during such ten years have been convicted of the crime of theft, or of any other crime for or in regard to which he shall have been sentenced to any punishment exceeding one month's imprisonment, shall be entitled to receive a certificate of citizenship under this Act; and all and singular the provisions of this Act relating to such certificates when issued to Fingoes shall extend and apply to such certificates when issued to Kafirs or other Native Foreigners: Provided that any such Kafir or other Native Foreigner shall be Interval between deemed to have been constantly in service as often as not more and entering another than one month shall during ten years have intervened between not to exceed one any one contract of service and one next succeeding: Provided, Definition of terms also, that the term "Kafir or other Native Foreigner shall, for Kafir and native forthe purpose of this section, include Tambookies and other Kafirs, as also Basutos, Baralongs, Mantatees, and all other Natives commonly regarded and spoken of as belonging to the Kafir family: Provided lastly, that nothing in this section contained regarding a service of not less than ten years shall extend or apply to the case of any Kafir or Native Foreigner who shall, at the time of the taking effect of this Act be already in possession of a certificate of citizenship, in case such person shall be a person who was, according to the true intent and meaning of the Act No. 24, 1857, entitled to receive such certificate of citizenship under that Act. month. eigner. stipulation of ten years' service not to native foreigner in titled, under Act No. ticate. 24, 1857, to hold cer extend to Kafir or possession of and er No. 17-1864. statement. 28. If any Fingo, Kafir, or other Native Foreigner, applying to Penalty for false any officer authorised and appointed to issue certificates of citizenship shall make to such officer any statement wilfully and knowingly false touching the right or claim of such Fingo, Kafir, or other Native Foreigner to obtain such certificate, such Fingo, Kafir, or other Native Foreigner shall upon conviction be liable to be imprisoned and kept at hard labour for any period not exceeding six months. Governor empow ered to grant certi where applicantshall ten years' service. 29. It shall be lawful for the Governor, upon the application of ficate in certain cases any Native Foreigner who may not be able to give the proof of not be able to show service in the last preceding section mentioned, but who shall yet be able to show that he has by industry and good conduct during a residence in the Colony of not less than ten years, merited the privilege, to direct that such Native Foreigner may receive a certificate of citizenship under the provisions of this Act. Certificate to be 30. Any person whomsoever who shall have obtained a certifibeing convicted of cate of citizenship shall, if convicted of any crime for or in regard to which he shall be sentenced to any punishment exceeding six months' imprisonment shall ipso facto forfeit his certificate. forfeited on holder crime. Penalty for issuing certificate to person one. 31. If any superintendent or other officer authorised to issuenot entitled to hold Certificates of citizenship shall wilfully and knowingly issue a certificate of citizenship to a person not entitled by law to receive or demand the same, or shall wilfully or knowingly issue a pass to any Tambookie, which pass shall not be in pursuance of the provisions required by section twenty-four, every such superintendent or other officer shall, on conviction, forfeit a sum not exceeding fifty pounds sterling. Act to apply to both males and females. Short title. Preamble. 32. Whenever the word Fingo, Tambookie, Kafir, or Native Foreigner occurs in this Act, it shall extend to and mean both male and female for the purposes of this Act. 33. This Act may be cited for all purposes as "The Certificate of Citizenship Amendment Act, 1864. No. 18-1864.] ACT [July 26, 1864. To Provide for the Mode in which the Property of certain descriptions of People resident in this Colony shall, when abandoned by their Death, be administered and distributed. WHEREAS there are Native Locations in this Colony occupied by Natives who are gradually becoming civilized, but to whom and to whose circumstances the laws of inheritance in force in this Colony are at present unsuitable: And whereas the said laws of inheritance are also unsuitable to the Fingo people, certain of whom have acquired, and are acquiring, property: And whereas it is believed that all Fingoes who are likely to leave any property behind them at their death will have taken out certificates of citizenship, as they are by law entitled to do, and that the same will be the case with regard to all Natives not resident in a Native Location: And whereas it is expedient that the property of all persons holding, at the time of their death, certificates of citizenship, and of all Natives resident in any Native Location, should after their death, be administered and distributed according to their own customs and usages: 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 Ordinance No. 104 and so much of any former Law or Ordinance as may be repugnant to or inconsistent with any of the provisions of this Act is hereby repealed. any person holding tered according to us he belonged. 2. As often as any person shall depart this life who shall, at the Property left by time of his death, be the holder of a certificate of citzenship, all certificate of citizenproperty belonging to such deceased person at the time of his ship to be adminisdeath shall be administered and distributed according to the age of tribe to which customs and usages of the tribe or people to which the deceased person belonged, relative to the administration and distribution of property left by deceased persons at their death: Provided that Not to interfere nothing in this section contained shall restrict or interfere with the ernor by 5th section power and authority hereinafter by the fifth section of this Act of this Act. conferred upon the Governor. with power of Gov istration or interfer 3. No letters of administration from the Master of the Supreme Letters of adminCourt shall be necessary in regard to the administration of any ence of Master unnesuch property, nor shall the said Master be called upon to interfere cessary. with such administration; but if any controversies or questions should arise between the relatives or reputed relatives of such deceased person regarding the distribution of the property left by to be decided accordhim at his death, such controversies or questions shall be deter- ing to native law by mined according to Native usages and customs by the Resident Magistrate of the district in which such deceased was domiciled at the time of his death. Questions arising resident magistrate. may be claimed by 4. If it shall, in any case, come to the knowledge of the Civil Succession duty Commissioner of the division in which any such deceased person civil commissioner. was domiciled at the time of his death that any succession which, from its amount or value, is liable to succession duty under the "Successions Duty Act, 1864," has accrued to any successor of any such deceased person, then such Civil Commissioner shall claim and recover such succession duty, and he is hereby, for that purpose, invested with the powers and functions which, by the said Act, are conferred or imposed upon the Master of the Supreme Court, and such duty shall be paid over by such Civil Commissioner into the Colonial Treasury. Governor may by usages customs 5. It shall be lawful for the Governor, should he see cause so to do, to define or describe from time to time, by proclamation, the customs and usages to be observed in the administration and to distribution of such properties as aforesaid, and the customs and clamation define be observed. No. 19-1864. Act to apply to native residents in tion. usages defined by any such proclamation shall be observed, whether the same be in conformity with Native customs and usages or not; and the Governor may also, by any such proclamation lay down rules and regulations as to the course of procedure to be observed in regard to the administration and distribution of the property left by any such deceased person at the time of his death." 6. The provisions of this Act shall apply to all natives resident locations to be des- in any native location as from time to time described by the cribed by proclama- Governor by proclamation, in like manner as if every deceased native who was domiciled in any such location at the time of his death had been at that time the holder of a certificate of citizenGovernor may em- ship: Provided that it shall be lawful for the Governor, by of location to decide proclamation, to declare and establish in regard to any such disputes instead of location that the determination of any such controversies or questions as are in the third section of this Act mentioned shall devolve upon and belong to the superintendent of such location, instead of the Resident Magistrate of the district. powersuperintendent magistrate. Short title. 7. This Act may be cited for all purposes as "The Native Successions Act, 1864." No. 19-1864.] ACT [July 26, 1864. Preamble. Leasing of Crown Lands authorised. Term of lease. Lease to be effected by public auction. Acceptance not obligatory. To Provide for the Leasing of Crown Lands, and for other purposes. (1) WHEREAS circumstances may in some cases render the sale of Crown lands inexpedient, and may render expedient the leasing of the same: 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. It shall be lawful for the Governor, with the advice of the Divisional Council of any division, to let or lease such of the waste Crown land of such division as he may deem it expedient, for the time being, to deal with in that way. 2. Such lands may be let on lease for any term not exceeding twenty-one years, and upon such conditions and stipulations as shall be imposed by the Governor, and agreed to by the lessee. 3. All Crown lands to be let shall be let by public auction, and of at the highest rent which can, in that way, be obtained: Provided highest rent offered that it shall not be obligatory to accept the highest rent offered Due notice to be should it be deemed inadequate. And provided also that notice of such public auction shall be advertised in the Government Gazette, and in one newspaper, if there be any, in the district in which the land proposed to be leased is situated, at least one month previous to the day appointed for such auction. given. Repealed by Act 14. 1878, save in so far as the provisions of this Act relates to lands disposed of prior to taking effect of Act 14, 1878. No. 15-1864. nually. rent. to be 4. The rent of any Crown land, so leased, shall be payable annually; and the payment of the same, for the period of the Rent payable anfirst three years, shall be secured by sureties whom the Civil Security Commissioner shall deem sufficient, which sureties shall bind given for three years' themselves, in regard to such rent, as sureties in solidum and co-principal debtors, renouncing the exceptions of excussion and division. Provided that the Civil Commissioner shall, if required, receive two years' rent in advance instead of demanding sureties for the period of three years. And whereas it is expedient for the better prevention of unlicensed squatting on Crown lands, that the Government should be empowered in such cases as they may think fit so to do, to assign to persons who may be found squatting as aforesaid, fit and proper localities for their future residence. Be it enacted as follows: Where two years' rent is tendered in advance, no sureties required. em Governor powered to set apart leased to squatters. 5. The Governor may, with the consent of the Divisional Council, and with the advice of the Executive Council, set apart, a tract of land to be in any division, a tract of Crown land, to be divided into lots and let on lease to the parties herein before mentioned, being fit and proper persons, upon such terms and subject to such regulations as Particulars wherehe may think expedient, and a statement of all such assignments of and regulations of land and copies of all such regulations shall be laid before both regarding to be laid Houses of Parliament at the first meeting thereof, next after the making of such assignments or regulations. And whereas it is expedient to make provision regarding certain matters arising under Act No. 2, 1860; Be it enacted as follows: before Parliament. On failure of purchasers of Crown gage for to be cancelled, and 6. If the purchaser of any Crown land at any effected sale thereof, which purchaser shall not, upon demand made by the land to take up title Civil Commissioner of the division in which the land purchased is deed and pass mortsituated, duly take up the title deed of such land, and pass a balance due, the sale mortgage bord, according to the fourth regulation contained in any payment made the Schedule to the Act No. 2, 1860, for the balance of the to be forfeited. purchase-money of such land; and if such purchaser shall remain in such default for the space of twelve months from the day of sale, then the sale of such land shall be deemed to be, ipso facto, cancelled, and any previous payment made on account of such sale shall be forfeited: Provided that no such cancellation or But previous notice forfeiture shall take place until after the publication in the given. Government Gazette for not less than three months, and not less. than three times, of a Government notice, directed to such purchaser and all others whom it may concern, calling upon such purchaser or others claiming from or under him, to execute such mortgage bond as aforesaid, or otherwise to pay the balance of the purchase-money due and owing, on pain of the said sale becoming null and void, and such previous payments, if any, forfeited. NNN in Gazette to be |