No. 3-1865. to repeal laws not repugnant. shall otherwise provide: Provided that it shall be lawful for the Power of Governor Governor, at any time after such incorporation as aforesaid, and before the commencement of the session of Parliament next after such incorporation, by proclamation, to repeal any of the Laws or Ordinances by this section preserved in force; and upon such repeal the Law in force in this Colony, if any, upon the same subject as the Law or Ordinance so repealed, shall be and remain in force in that part of the Colony formed by such incorporation. Laws, duplicates of or identical with pealed. 13. All Laws or Ordinances promulgated and in force in British colonial laws, re- Kaffraria at the time of the incorporation thereof, which Laws or Ordinances shall, in substance, be duplicates of, or identical with, any Laws, Ordinances, or Acts, in force in this Colony, shall from and after such incorporation be deemed and taken to be repealed, to the end that the part of the Colony formed by such incorporation shall, in regard to such duplicate or identical legislation as aforesaid, become and be subject to the same Laws, Ordinances, and Acts as the rest of the Colony. Wills and testamentary writings to tration, &c., granted to remain of full effect. 14. As soon as may be after such incorporation as aforesaid, all be deposited with last wills and other testamentary writings, deposited, before such Master of Supreme incorporation, in any public office in British Kaffraria, shall be transmitted to and deposited with the Master of the Supreme Letters of adminis- Court of the Colony of the Cape of Good Hope: Provided that before incorporation all letters of administration duly granted in British Kaffraria to any executor, testamentary or dative, and all appointments duly made therein of curators bonis, curators nominate, and curators dative, shall be of the same force and effect after such incorporation as aforesaid, and entail the same duties and obligations in every respect, as if they had been originally granted or made by the Master of the Supreme Court of the Colony of the Cape of Good Hope. British Kaffrarian insolvent law re law substituted. 15. The Laws and Ordinances in force in British Kaffraria at pealed, and colonial the time of the incorporation thereof as aforesaid, for regulating the collection, administration, and distribution of insolvent estates, shall, from and after such incorporation, stand repealed, and the provisions of the insolvent law, as administered, for the time being, in the Colony of the Cape of Good Hope, shall apply to and regulate all estates placed under sequestration in pursuance of the Laws or Ordinances hereby repealed, in so far as the said provisions shall be applicable to such estates in the situation and condition in which such estates shall be at the time of such incorporation. Deeds Registry of remain unaltered. 16. Nothing in this or any other Act or Ordinance which shall British Kaffaria to be in force in this Colony at the time of such incorporation shall be construed so as to introduce into that part of the Colony formed by such incorporation the operation of the Deeds Registry of the Cape of Good Hope; and the Deeds Registry of British Kaffraria shall, in regard to that part of the Colony formed by such incorporation, remain and be of the same force and effect after such incorporation as before such incorporation: and no deed of transfer No. 3-1885. Revenues payable Revenues how to or hypothecation executed by any person domiciled in that part of the Colony formed by such incorporation shall be registered otherwise than in the local Deeds Registry there established, or, if registered elsewhere, shall derive any benefit from such registration. 17. All quitrents, taxes, duties, dues, and revenue of every kind and nature whatsoever, payable to or claimable by the local to Cape Colony. Executive Government of British Kaffraria at the time of the incorporation thereof, shall be and continue payable to and claimable by the local Executive Government of the Cape of Good be collected. Hope, and shall, except as regards duties or customs, be collected by the Civil Commissioners of the Fiscal Divisions into which that part of the Colony formed by such incorporation shall be divided, and shall be by such Civil Commissioners accounted for to the Colonial Treasury: Provided that all duties of customs levied in that part of the Colony formed by such incorporation shall be collected and accounted for by the proper officers of customs, in like manner, in all respects, as is the case at the several other outports of the Colony; and all money at the time of such incorporation as aforesaid due on account of British Kaffraria shall thenceforth be deemed to be due on account of the Cape of Good Hope. 18. It shall be lawful for the Governor to pay to all persons Compensation for now holding offices of profit under Her Majesty the Queen in loss of office. British Kaffraria, whose offices shall, by reason of such incorporation as aforesaid, be abolished, such compensation for loss of office as shall be awarded by the Governor, in conformity with the established regulations of Her Majesty's service, and to be approved of by one of Her Majesty's Principal Secretaries of State. 19. [Lapsed.] chiefs, £5,000 re 20. For the purpose of enabling Her Majesty the Queen to Paymen's to native make good engagements entered into by her with certain native served. chiefs and headmen in British Kaffraria, there shall, from and after such incorporation as aforesaid, be payable to Her Majesty, her heirs, and successors, yearly and every year, such sums of money, not exceeding in all, in any one year, the sum of five thousand pounds, as shall be required for the purpose aforesaid; and there shall also be payable to Her said Majesty, her heirs, and successors, yearly and every year, as and for a salary to the Governor of this Colony as High Commissioner, the sum of one thousand pounds; the said sums of money to be issued by the Treasurer of this Colony, in discharge of such warrant or warrants as shall be, from time to time, directed to him under the hand and seal of the Governor: Provided, always, that a full and particular account, showing the manner in which the sums drawn out for native chiefs and headmen have been expended, shall, from time to time, be laid before Parliament. No. 3-1865. Commis ioner served. re bers of Legislative And whereas it is expedient that the number of the elective Salary of High members of the Legislative Council of the Cape of Good Hope should be increased to twenty-one, and that the number of the Number of mem- members of the House of Assembly of the said Colony should be Council and House increased to sixty-six, such number to include the four members aforesaid to be returned by the two Electoral Divisions forming that part of the Colony which, next before the incorporation thereof as aforesaid, formed the Territory of British Kaffraria: Be it enacted as follows: of Assembly increased. visions created 21. [Superseded by section 3, Act 39, 1877]. New electoral di- 24. For the purpose of electing the sixteen members required, together with the four members in the second, third, and fourth sections of this Act mentioned, to complete the number of sixtysix members of the House of Assembly, the following ten Fiscal Divisions shall be, and the same are hereby constituted, respectively, Electoral Divisions,-that is to say, Aliwal North, Namaqualand, Oudtshoorn, Piketberg, Riversdale, and Queen's Town, whilst the Fiscal Divisions of Victoria West and Fraserburg shall together constitute a seventh Electoral Division, and the Fiscal Divisions of Hope Town and Richmond shall together constitute an eighth Electoral Division. Each new electoral 25. Each of the said eight Electoral Divisions shall be entitled division entitled to from time to time, for ever, to elect two members of the House of House of Assembly. Assembly. two members of of divisions of which formed part, not Electoral privileges 26. Nothing in this Act contained shall be construed so as to new electoral deprive any of the Electoral Divisions, of which, before the taking divisions originally effect of this Act, any of the said eight Electoral Divisions constituted by this Act formed a portion, of the right to continue to elect members as before the taking effect of this Act, or to vacate or affect the seat of any member of Parliament elected before the taking effect of this Act. affected. New electoral di named. 27. [Lapsed.] 28. The Electoral Division formed by the Fiscal Divisions of visions, how to be Victoria West and Fraserburg shall be called the Electoral Division of Victoria West, and the court for the nomination of persons. proposed as members of the House of Assembly for such Electoral Division, and the court for declaring the names of the members elected by such Electoral Division, shall be held in the Court-room of the district of Victoria West; and the Electoral Division formed by the Fiscal Divisions of Hope Town and Richmond shall be called the Electoral Division of Richmond, and the court for the nomination of persons proposed as members of the House of Assembly for such Electoral Division, and the court for declaring the names of the members elected by such Electoral Division, shall be held in the Court-room of the district of Richmond. 29. [Lapsed. 30. Lapsed.] 31. [Repealed by Act 18, 1874.] 969 No. 3-1865. tion for election of new members of As When proclama sembly is to be is sued. 32. As soon as, but not before, the names of the members of the Legislative Council elected as aforesaid shall have been published, there shall be an election of two members of the House of Assembly for each of the eight Electoral Divisions in the twentyfourth section of this Act mentioned; and all and singular the several provisions of the Constitution Ordinance relating to the election of members of the House of Assembly shall apply to the elections to take place in and for the said eight Electoral Divisions; and the members then elected shall, after their election, be in the same situation and condition, in all respects, as if they had been returned for the said divisions at the last general election held throughout the Colony for members of the House of Assembly. 33. This Act shall commence and take effect upon and from and Commencement of after the publication of the proclamation in the second section of this Act mentioned. purposes as Act. 66 The British Short Title. 34. This Act may be cited for all Kaffraria Incorporation and Parliamentary Representation Amendment Act of 1865." No. 4-1865.] [Oct. 10, 1865. An Act to Consolidate and Amend the several Acts relating to Divisional Councils. [Repealed by Act 40, 1889.] No. 5-1865.] [Oct. 10, 1865. An Act to provide for Framing a List of Registered Voters for the Electoral Division of Swellendam. [Temporary.] No. 6-1865.] [Oct. 10, 1865. An Act to Cancel and make void a certain proclamation imposing an increased Rate of Postage upon Letters carried from this Colony to England, by Steamers belonging to the Diamond Line. [Lapsed.] No. 7--1865.] [Oct. 10, 1865. Preamble. pealed. ACT To Consolidate and Amend the several Acts relating to the WHEREAS it is expedient to consolidate and amend the several Previous Acts re- 1. The following Acts are hereby repealed, that is to say, the Act No. 10, 1859, entitled "An Act to provide for the Adjustment of Disputed Land Boundaries, and for the Erection and Preservation of Land Beacons," and the Act No. 3, 1860, entitled "An Act to amend the Act No. 10, 1859, entitled 'An Act to provide for the Adjustment of Disputed Land Boundaries and for the Erection and Preservation of Land Beacons,"" and the Act No. 6, 1862, entitled "An Act amending the Act No. 10, 1859, entitled 'An Act to provide for the Adjustment of Disputed Land Boundaries, and for the Erection and Preservation of Land Beacons."" Acts, proceedings, &c., done before Act, not affected. or other proceedings 2. Notwithstanding the said repeal, every act, proceeding, taking effect of this matter, or thing done before the taking effect of this Act under or by virtue of the Acts so repealed, or any of them, relating to the resurvey of any section or area, or the settlement of any dispute regarding the boundaries of any farm or farms not included in any such section or area, shall at all times hereafter be judged of, and be of the same force and effect, in all respects, as if the said Partial resurveys Acts were still in force: Provided that as often as no fresh grant under previous Acts, shall, at the time of the taking effect of this Act, have been, under the said Act No. 10, 1859, issued, then the provisions of this Act shall, if different from the provisions of the Acts aforesaid, or any of them, apply, so far as applicable, to all resurveys or other proceedings still in progress, in the state and condition in which such resurveys or other proceedings shall then be, precisely as if such resurveys or other proceedings had been begun under this Act, instead of under the other Acts aforesaid, or one of them. how affected. Divisional councils may subdivide divi resurvey. 3. It shall be lawful for the Divisional Council of any division sions for purposes of in this Colony, from time to time, to divide such division, or so much and such parts thereof as such council shall deem necessary or expedient, into sections or areas, for the purpose of a resurvey under the provisions of this Act. 1 See Act 9, 1879. |