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 THE 
 
 CAPE OF GOOD HOPE 
 
 GOVERNMENT PROCLAMATIONS, 
 
 FROM 1806 TO 1825, 
 AS NOW IN FORCE AND UNREPEALED ; 
 
 AND THE 
 
 ORDINANCES PASSED IN COUNCIL, 
 
 FROM 1825 TO 1838: 
 
 WITH 
 
 WOIPJSS 3? IIl!F 1 3milSS@3S W 
 AND A COPIOUS INDEX. 
 
 WITH 
 
 an 
 
 IN TWO VOLUMES. 
 
 VOL. I. 
 
 BY 
 
 MR. WALTER HARDING, 
 
 CLERK TO THE PIR8T PUISNE JUDGE OF THE COLONY. 
 
 CAPE TOWN. 
 
 A. S. ROBERTSON, 21, HEEREGRACHT. 
 
 1838.
 
 PRINTED AT THE GAZETTE OFFICE, 
 
 1, GRAVE-STREET, CAPE TOWN.
 
 K 
 
 ftn 
 
 V.I 
 
 TO 
 
 THE HON'BLE WILLIAM MENZIES, 
 
 FIRST PUISNE JUDGE OP TUB SUPREME COURT OP THE COLONY OP THE 
 CAPS OP GOOD HOPE, &C. &C. 
 
 MY LORD, 
 
 THE uniform and liberal encouragement afforded by your 
 Lordship, daring the many years you hare filled your high and arduous 
 office, to every measure tbat could tend to render efficient the Admi- 
 nistration of Justice in this Colony, the unremitted labor you have 
 bestowed upon the accomplishment of this great object, and the kind 
 support and patronage for which I am personally so deeply indebted 
 to your Lordship) induce me respectfully to dedicate this Compilation 
 to you ; trusting, that my humble endeavours in this respect, will 
 oot be altogether undeserving of your Lordship's conntenance. 
 I have the honor to be 
 My Lord, 
 
 Your Lordship's 
 
 Most obedient servant, 
 
 WALTER HARDING.
 
 [The Passages repealed are printed within brackets, in smaller type; 
 aud the date of their tepeal given below them.] 
 
 Proclamation, by His Excellency Major-General 
 Sir David Baird, Sfc. 
 
 WHEREAS Lieut. -General JANSSENS has last night con- 
 sented to the terms of an honorable Capitulation, which 
 I was induced to offer to him, not only out of respect 
 for himself individually, and the brave Troops under his 
 orders, but also with a view to preserve the Inhabitants 
 of this Country from the miseries and horrors of a pro- 
 tracted warfare in the bosom of the Colony, I do 
 hereby made it publicly known, and think proper to 
 communicate the same to all the Inhabitants of this 
 Settlement. 
 
 As there are still a few trifling Articles not perfectly 
 arranged, I defer ordering a Copy of the Capitulation 
 to be printed, until the whole is finally settled. The 
 Inhabitants, however, of whatever description, are 
 hereby required to return peaceably to their usual occu- 
 pations, as the tranquillity of the Colony is perfectly 
 insured. 
 
 Given under my Hand and Seal, this 18th day of 
 January 1806. 
 
 (Signed) D. Baird, 
 
 Major-General, Commanding in Chief. 
 
 By Order of His Excellency, 
 (Signed) J. C. Smyth, A. C. Secretary.
 
 Articles of Capitulation proposed by Lieut.- General Janssens, 
 Governor, and Commander in Chief of the Batavian 
 Forces at the Cape of Good Hope, to Brigadier- General 
 Beresford, duly authorised by Major- General Sir David 
 Baird, K. C., and Commodore Sir Home Pophatn, K. M. t 
 Commanding the Military and Naval Forces of His 
 Britannic Majesty. 
 
 ARTICLE 1. As soon as this AIITICLE 1. Agreed to. 
 Capitulation is signed, the 
 whole of the Settlement of 
 the Cape of Good Rope, with 
 all its Dependencies, and all 
 the rights and privileges held 
 and exercised by the Batavian 
 Government, will be consi- 
 dered as surrendered by the 
 Governor, Lieutenant-General 
 Janssens, to His Britannic 
 Majesty. 
 
 2. The Batavian Troops 
 are to march with all their 
 Baggage, Arms,&c. to a place 
 hereafter to be agreed upon, 
 and retain every thing, as well 
 what belongs to the State, as 
 to Individuals, and be at 
 liberty either freely to dispose 
 of the same, or, if they pre- 
 fer, take every thing away 
 with them. 
 
 2. The Batavian Troops 
 shall march from their pre- 
 sent Camp, within three days, 
 or sooner if convenient, with 
 their Guns, Arms, and 
 Baggage, and with all the 
 Honors of War, to Simon's 
 Town ; they shall retain all 
 private Property, and the 
 Officers their Swords and 
 Horses. 
 
 But their Arms, Treasure, 
 and all Public Property of 
 every description, together 
 with the Cavalry and Artillery 
 Horses, rnustbe delivered up. 
 In consideration, however, of 
 their gallant conduct, the
 
 3. The Battalion of Hot- 
 tentot Light Infantry shall, 
 with the rest of the Troops, 
 march to the place to be 
 agreed upon, and there being 
 disbanded byGeneralJanssens, 
 shall be at liberty to return 
 to their own Country. 
 
 4. Under this Capitulation 
 shall be comprehended all 
 Military Men, who being 
 wounded, have not been able 
 to follow the Army, and have 
 fallen into the hands of the 
 British. 
 
 5. The Officers and Men 
 belonging to the Batavian 
 Army, are to be subsisted at 
 the expense of the British 
 Government until . they are 
 embarked. 
 
 6. The Troops shall be 
 transported to sucfi Ports of 
 the Catuvian Republic as shall 
 be selected by Lieut. -General 
 Janssens. 
 
 Troops will be embarked and 
 sent straight to Holland, at 
 the expense of the British 
 Government, and shall not be 
 considered as Prisoners of 
 War, they engaging not to 
 serve against His Britannic 
 Majesty, or His Allies, until 
 they have been landed in 
 Holland. 
 
 3. The Hottentot Soldiers 
 are to march to Simon's 
 Town with the other Troops, 
 after which they will be either 
 allowed to return to their own 
 Country, or be engaged in 
 the British service, as they 
 may think proper. 
 
 4. These Persons being al- 
 ready Prisoners of War, any 
 decision respecting them be- 
 longs only to the British Com- 
 mander in Chief. 
 
 5, Agreed to. 
 
 6. The Troops, as in the 
 answer to the second Aiticle, 
 shall be sent to some Port in 
 Holland.
 
 7. The Sick who cannot be 
 removed with the other Sol- 
 diers, are to be attended to 
 at the expense of His Britan- 
 nic Majesty, and when reco- 
 vered sent to Holland. 
 
 8. The Inhabitants of the 
 Colony who are comprehended 
 in this Capitulation, are to 
 enjoy the same rights and 
 privileges as have been 
 granted to those in Cape 
 Town, according to the Capi- 
 tulation of the 10 instant. 
 
 9. The Troops whilst 0,1 
 board Ship are to be accom- 
 modated and fed according 
 either to the Dutch or English 
 method, as is most beneficial 
 to them. 
 
 10. Lieut.-General Jans- 
 sens shall be at liberty to send' 
 home a despatch to Holland, 
 and will receive assistance 
 from the British Commanders 
 in forwarding the same. 
 
 11. The Baron of Hogen- 
 dorp having expended a great 
 deal of money for the execu- 
 tion of Agricultural Plans, he 
 shall be supported by the 
 British Government in carry- 
 ing his Plans into execution ; 
 and the British Government 
 shall grant unto him ail such 
 rights and privileges as, from 
 the Public Records, it shall 
 
 Agreed to. 
 
 8. Agreed to with the ex- 
 ception of not quartering 
 Troops, Uie Country not hav- 
 ing the same resources as the 
 Town, and this right having 
 been always an appendage to 
 the Batavian Government. 
 
 9. The Troops when em- 
 barked, will be treated in 
 every respect as British 
 Troops when on board trans- 
 ports. 
 
 10. Agreed to. 
 
 11. This Article must be 
 left entirely to the discretion 
 of the future British Gover- 
 nors or Commanders.
 
 appear the Batuvian Govern- 
 ment meant to have given 
 him. 
 
 12. If in this Capitulation 12. If any doubt should 
 any thing doubtful may occur, arise as to any Article con- 
 it shall be bonafide construed tained in this Capitulation, it 
 to the benefit of the Batavian shall be decided according to 
 Government. what shall appear to be just 
 
 and honorable, without any 
 preference to either party. 
 
 Given under our Hands and Seals, this 18th day of 
 January 1806, at Hottentots' Holland. 
 
 (Signed) J. W. Janssens, 
 
 W. C. Beresford, Biijj. -General. 
 
 Executed in the presence of 
 (Signed) J. A. Truter, 
 J. C. Smyth. 
 
 Ratified and confirmed in the Castle of Good Hope, 
 this 19th day of January 1806 
 
 (Signed) D. Baird, Major-General. 
 
 Commanding in Chief. 
 
 Homv Popham, Commodore, 
 
 Commanding His Majesty's 
 Naval Forces.
 
 Articles cf Capitulation proposed by the Lieut. -Colonel 
 Hieroniraus Gasimirus von Prophalow, Commandant 
 of the Town, Castle, and circumjacent Fortifications 
 of the Cape of Good Hope, 
 TO 
 
 The Major- General in the Service of His Britannic 
 Majesty, Sir David Baird, K.C., Commander -in- Chief 
 of His Majesty's Forces, and Commodore Sir Home 
 Pophain, K.M., Commander-in- Chief of His Britan- 
 nic Majesty's Naval Forces in Table Bay. 
 ART. 1. The Capitulation being sigued, the Cape 
 Town, Castle, and circumjacent Fortifications shall be 
 immediately surrendered to the Troops of His Britannic 
 Majesty, viz., the Fortification of the King's Block- 
 House, Craig's Tower, and all the Batteries within 
 that circuit, and on the other side of Camp's Bay. 
 
 2. The Garrison shall, at the surrender, march out 
 with all the Honours of War, and shall then lay down 
 their Arms, and become Prisoners of War; but such 
 Officers as are natives of the Colony, or married with 
 natives, or in possession of sufficient Landed Property 
 to become regularly and bonafide domiciliated, shall be 
 at liberty to continue here so long as they behave them- 
 selves as becometh good Subjects and Citizens, or pro- 
 ceed to Great Britain with regular Passports, and having 
 previously passed their Parole not to serve until regu- 
 larly exchanged. 
 
 3. All Officers who, according to the previous Article 
 must go to Europe, shall be provided with passages at 
 the expense of His Britannic Majesty, and shall have 
 leave to realise their Property previous to their depar- 
 ture, and receive the same Pay as they did in their own 
 Service, till the day of their embarkation. 
 
 4. The French Subjects who, belonging to the 
 stranded Frigate I'Atalante, and the stranded Privateer 
 le Napoleon, were casually here, and are comprehended
 
 in the Capitulation, shall be treated on the same footing 
 as the Garrison ; but they must all be embarked for 
 Europe, as well as every other French Subject ii the 
 Colony. 
 
 5. The Inhabitants of the Town, who have borne 
 Arms, to be considered as belonging to the Town, and 
 may immediately return to their former occupations- 
 But the distinction between tli3 Burghers and other In- 
 habitants is to remain the same, and subject to the same 
 restrictions as under the Dutch Laws. 
 
 6. All bonaf.de private Property, whether belonging 
 to the Civil or Military Servants of the Government, 
 to the Burghers and Inhabitants, to Churches, Orphans, 
 and other Public Institutions of that kind, shall remain 
 free and untouched. 
 
 7. Public Property of every description, whether con- 
 sisting of Treasure, or Naval or Military Stores, Build- 
 ings, Estates, or Merchandise, belonging to the Batavian 
 Republic or the Government of France, shall be faith- 
 fully delivered up, and proper Inventories given of them 
 as soon as possible. 
 
 8. The Burghers and Inhabitants shall preserve all 
 their Rights and Privileges which they have enjoyed 
 hitherto ; Public Worship, as at present in use, shall 
 also be maintained without alteration. 
 
 9. The Paper Money actually in circulation shall con- 
 tinue current as heretofore, until the pleasure of His 
 Britannic Majesty is known. 
 
 10. The Lands and Houses, the property of the Ba- 
 tavian Republic, which must be delivered up in conse- 
 quence of the present Capitulation, shall remain as secu- 
 rity for that part of the Paper Money which is not already 
 secured by Mortgages upon the Estates of Individuals, 
 by its having been lent to them. This is, however, to 
 be without prejudice to the free use to be made of the 
 said La-nds and Houses for public purposes.
 
 8 
 
 11. Prisoners of War comprehended in the present 
 Capitulation shall not be pressed into His Britannic 
 Majesty's Service, or engaged against their own free will 
 and consent. With respect to other Persons, they are 
 provided for in Article the 5th of this Capitulation. 
 
 12. The Inhabitants of Cape Town shall be exempted 
 from having Troops .quartered on them. 
 
 13. Two Ships having been sunk in Table Bay, to the 
 great detriment of the Roadstead, either after the Bata- 
 vian Republic had sent out a Flag of Truce, or whilst it 
 was in contemplation to do so, they are to be raised 
 again, and delivered over in an entire state of repair. 
 This having been done without the sanction of the Com- 
 mandant, the raising of the said Ships shall be incum- 
 bent on those who sunk them. 
 
 14. This Capitulation shall be signed at four o'Clock 
 this Afternoon, when the Castle of Cape Town, and all 
 the adjacent Forts previously mentioned, shall be sur- 
 rendered to His Britannic Majesty's Troop?. 
 
 Given under our Hands and Seals, this 10th day of 
 January, in the year of our Lord one thousand 
 ei<jht hundred and six, at Papendorp, near Fort 
 Knokko. 
 
 (Signed) H. C. Baron von Prophalow, (L.S.) 
 D. Baird, Major-Gen. (L.5.) 
 
 Home Popham, (L.S.) 
 
 Executed in the presence of 
 
 (Signed) J. A. Truter, 
 
 J. Palmer. 
 
 Proclamation, Ly His Excellency Major-General 
 Sir David Baird, $"c. 
 
 WHEREAS it is highly necessary for the prevention of 
 all disputes, and the better regularity of trade, that the
 
 several Coins of Money (') which are current in this 
 Colony should have a fixed and determined value assigned 
 to them, I having taken the same into my most serious 
 consideration, have determined, and do hereby order 
 accordingly, that tne respective values of the Coins 
 hereafter mentioned should be as follows : 
 
 S/is. Stvs. Sterling. 
 
 A Guinea, 44 264 1 20 
 
 ADoubl. 16 Span. Dollars, 160 960 4 00 
 
 A Johanna, 8 ditto, 80 480 200 
 
 ADucat, 19 114 096 
 
 A Venetian Sequin 19 114 096 
 
 Gold Mohr, 15 Sic. Rup. .. 1 17 6 
 
 A Pagoda, 16 96 080 
 
 A Spanish Dollar, 10 60 050 
 
 A Rupee, 5 30 26 
 
 English Shilling, 2 12 0.10 
 
 Copper Coin, 2 002 
 
 [And whereas it is important for tke prosperity and welfare of this 
 Settlement, that the exportation of all Gold and Silver Currency 
 should be prohibited ; and whereas the same has been accordingly 
 forbidden by several Proclamations issued from time to time, not 
 only iu the Dutch Government, but also by the British Governors 
 and Commanders, I think proper to issue this Proclamation, strictly 
 prohibiting the exportation or any Money or Monies current in this 
 Settlement. 
 
 Any person convicted of attempting to act contrary to this Regulation, 
 
 and found guilty of having exported a greater sum than to value 
 
 of Ten Pounds, will be punished by the confiscation of the whole 
 
 of the Money or Monies bo exported, one third of which will be 
 
 given to the Informer. Repealed by Proclamation of 10th May 1816.] 
 
 Given under my Hand and Seal, this 23d day of 
 
 January 1806. 
 
 (Signed) D. Baird, 
 
 Major-General, Commanding in Chief. 
 
 By Order of His Excellency, 
 (Signed) J. C. Smyth, A. C. Secretary. 
 
 (') Vide Ordinances No*. 2 and 6, 1825.
 
 10 
 
 Government Advertisement. 
 
 His EXCELLENCY Major-General Sir David Baird, K.C. 
 Commanding in Chief in this Settlement, having taken 
 into his consideration the present establishment of the 
 Post Boors, highly approves of the same, and directs 
 it to be continued on its present footing. The Land- 
 drosts of the different Country Districts, as also all 
 Field-Cornets, and in general whomsoever it may con- 
 cern, are desired therefore to sac that these His Excel- 
 lency's intentions are carried into execution accordingly. 
 
 His Excellency having also understood that nearly a 
 Year's Arrears are due to the Post Boors, has gracious- 
 ly been pleased to give directions that the same shall be 
 forthwith paid by the several Landdrosts, who will be 
 further instructed to defray in future all charges in- 
 curred by this establishment quarterly. And His 
 Excellency expects that all Goverment Despatches 
 will be forwarded with the utmost regularity, and 
 without the least delay. 
 
 Secretary's Office, Castle of Good Hope, 
 14th February 1806. 
 
 By Order of His Excellency, 
 (Signed) J. C. Smyth, A. C. Secretary. 
 
 Proclamation, by His Excel 'ency Major- General 
 
 Sir David Baird, Sfc. 
 
 WHEREAS it has been represented to rne, that there are 
 a considerable number of Strangers residing in this 
 Settlement, without any regular Pass or Permission to 
 remain here ; and whereas it has happened that several 
 Inhabitants have received Passengers, Deserters, and 
 others, from different Ships, and who having remained 
 in the Town after the departure o ? the Ships to which 
 they belonged, have not been reported either at the
 
 11 
 
 Secretary's Office, or to the Municipal Officers, 
 having taken the same into my mostserious consideration, 
 and wishing to prevent the evils that must arise from an 
 improper introduction of Strangers into this Colony, have 
 thought proper to direct, that the following Regulations 
 with respect to all Foreigners or Strangers whatsoever, 
 shall be most strictly complied with : 
 
 1. Any Inhabitant receiving any Stranger into his 
 house as a lodger or otherwise, is, within twenty-four 
 hours after his arrival, to report the same at the Office 
 of the Chief Civil Magistrate, as also at that of thft Town 
 Major, specifying in writing the Stranger's Name and 
 Country. Persons neglecting this Regulation will be 
 liable to a Penalty of One Hundred Rixdollars, one 
 third of which will be given to the Informer. 
 
 2. Any Farmer or other, living beyond the Hotten- 
 tot's Holland, or Roode-Zand-Kloof, receiving any 
 Stranger within his house (Military Officers and other 
 in the Service of His Majesty expected), without im- 
 mediately reporting the same to the nearest Field- 
 cornet, will also be liable to a Penalty of One Hundred 
 Rix-dollars. 
 
 3. The Lamldrosls of the Country Districts, as also 
 all Heemraden and Field-cornets, are hereby not only 
 authorised, but required, to call upon all strangers what- 
 soever travelling beyond the Klcofs, to show their 
 Passes, and immediately to arrest and send to Cape 
 Town all Persons not having regular Passes. 
 
 4. All Captains and Masters of Ships are hereby 
 particularly enjoined to take care that all such of their 
 respective Passengers as may obtain leave to reside on 
 shore during the time they remain in the Roadstead, 
 re-embark previous to their sailing, if permission has 
 not boon obtained for the contrary. 
 
 5. Lastly, All Foreigners whatso3ver, at present 
 residing in this Settlement, and who are not provided
 
 12 
 
 with proper 'Passes to remain here, are hereby ordered 
 to attend between the hours of ten and one o'clock in 
 the forenoon, at the Castle, at the house of Brigadier- 
 General Beresford, Commandant of 'Cape Town, on 
 Monday, Tuesday, and Wednesday next, where a com- 
 mittee, consisting of the said Brigadier-General Beres- 
 ford, Commandant of Cape Town, W. S. van Ryne- 
 veld, Esq., His Majesty's Chief Civil Magistrate, and 
 Lieut.~Colonel Vassal, Commanding His Majesty's 
 38th Regiment, will assemble for the purpose of in- 
 quiring into the Names, Business, and Country, of all 
 Foreigners who may present themselves. 
 
 Given under my Hand and Seal, this 25th of 
 February 1806. 
 
 (Signed) D. Baird. 
 
 Major-General, Commanding in Chief. 
 
 By Order of His Excellency, 
 (Signed) J. C. Smyth, A. C. Secretary. 
 
 Government Advertisement. 
 
 NOTICE is hereby given, that as the means hitherto 
 employed for keeping the Bays and Harbours of this 
 Colony clear of lost Anchors, have not been attended 
 with the desired effect, all Persons whatsoever are 
 authorised to search for, and take up all such Anchors, 
 agreeably to the following Regulations : 
 
 1 . Any Anchor taken up, and proved to belong to 
 any Ship or Vessel then at the Anchorage where the said 
 Anchor has been found, or to any Vessel recently gone 
 to sea, shall be delivered to the Owners thereof, or their 
 Agents, upon payment of the usual salvage for recover- 
 ing the same. 
 
 2. Any Anchor that shall be taken up, and not 
 claimed by any Ship or Vessel then at the Anchorage,
 
 13 
 
 shall be landed, and a description of the same made 
 public; and if not claimed by the Owners or Agents 
 within one month after the landing- of the same, it shall 
 then become the property of the Finder. 
 
 3. All Anchors left by His Majesty's Ships on their 
 going- to sea, or recently lost by them, are to remain to 
 be taken up by the Naval Department : should, however, 
 any person or persons happen to recover any Anchor 
 belonging to His Majesty, (other than as above-men- 
 tioned) they will be entitled to the customary Salvag-e 
 allowed in His Majesty's Naval Service. 
 
 Secretary's Office, Castle of Good Hope, 
 1st March 1806. 
 
 By Order of His Excellency, 
 (Signed) J. C. Smyth, A. C. Secretary. 
 
 Proclamation, by His Excellency Major- General 
 Sir David Baird, &fc. 
 
 WHEREAS in the Regulations issued by the late Batavian 
 Government, dated 20th September, 1804, it is ordered 
 and decreed, that in the Country Districts of this Settle- 
 ment, Marriages may be solemnized by the several 
 Landdrosts and Heemraden without the Ceremony being 
 performed in a Church or at the usual place of Divine 
 Worship ; and whereas the above Regulations were 
 ordered (by a Resolution of the Governor and Council 
 dated 3d January, 1805) to be adopted also in Cape 
 Town, and in consequence of that Resolution it appear- 
 ing that Marriages have been of late solemnized by the 
 Matrimonial Court, (composed entirely of Laity) and 
 which Marriages are esteemed valid by the present Law 
 
 c
 
 14 
 
 on that subject, without the Ceremony being performed 
 by an ordained Clergyman, or the assistance of the 
 Church being in any manner required. Now, having 
 taken the above Regulations, and this new Custom, into 
 my most serious consideration, and reflecting that in 
 all civilized Countries where the Christian Religion is 
 professed and respected, the Marriage Ceremony is 
 justly reckoned a Holy Institution, connected with the 
 Sacred Principles of Religion, and not (as these Regu- 
 lations would infer) a mere Civil Contract, I therefore 
 by virtue of the power and authority vested in me by 
 His Britannic Majesty, do strictly prohibit the Court for 
 Matrimonial and Civil Affairs, as also the Landdrosts 
 and Heemraden of the several Country Districts, from 
 performing the Marriage Ceremony in future ; and do 
 hereby order and direct that all Marriages in this Settle- 
 ment, as was the case before the Regulations before men- 
 tioned were issued, are to be performed in the former 
 manner by an ordained Clergyman or Minister of the 
 Gospel belonging to the Settlement. 
 
 As, however, in consequence of the great distance 
 that some of the Inhabitants of the Settlement dwell 
 from the Capital, they must suffer great inconvenience 
 in being obliged to make so long a journey, if they are 
 allowed only to be married in Cape Town, as was 
 formerly the case, I do therefore authorise and allow the 
 Clergymen of the several Country Districts to perform 
 the Marriage Ceremony in their respective Cures or 
 Parishes, and the Court of Heemraden to register these 
 Marriages in the same manner as is done by the Court for 
 Matrimonial Affairs in Cape Town ; and whenever it may 
 happen that there is no Clergyman in any District or 
 Parish, then the Parties wishing to be married must 
 apply to the Clergyman of the neighbouring Parish, who 
 is authorised to marry them, upon their producing a 
 Ceitificate from their Landdrost and Heemraden, that
 
 15 
 
 there is no legal objection, and observing all other 
 usual forms and ceremonies. 
 
 Given under my Hand and Seal this 26th day of 
 April, 1806. 
 
 (Signed) D. Baird, 
 
 Major-General, Commanding in Chief. 
 By Order of His Excellency, 
 (Signed) J. C. 6'myth, A. C. Secretary. 
 
 Proclamation, by His Excellency Major-General 
 
 Sir David Baird, fc. 
 
 WHEREAS it has been represented to me, that various 
 irregularities and abuses are constantly committed at the 
 Public Auctions (*) held in this Settlement, to the great 
 detriment of the Public Revenue, and to the injury of 
 Individuals ; and whereas amongst other practices, 
 Goods and Articles exposed to public sale are fre- 
 quently bid for by the Owners themselves, or their 
 Agents, who attempt, by so doing, to obtain a higher 
 price for what they expose to sale by Auction, than the 
 same really is worth ; and whereas it frequently hap- 
 pens, that in the event of their not succeeding in this 
 scheme, that the Goods are disposed of by private Con- 
 tract at a less price than has been offered at the Auction, 
 whereby the fair Trader is injured, and the Public 
 Revenue defrauded of the Vendue Duty ; I having 
 taken the above practices into my serious consideration, 
 think proper to direct, that the following Regulations 
 shall fot the future be strictly attended to : 
 
 1. The Vendue Master is to keep a separate Account 
 of all Goods and Articles exposed for Sale, and bought 
 in by the Owner or Proprietor thereof, on all which 
 Goods and Articles one half the usual Duties are to be 
 levied. 
 
 (') Vide Proclamation, 3d September 1813.
 
 2. Immoveable Property is to be exempted from 
 the foregoing Regulation. If, however, immoveable 
 Property is exposed to Sale at Public Auction, and 
 being bought in by the Proprietor, is afterwards dis- 
 posed of by private Contract within six weeks from the 
 day it was exposed for sale at the Public Auction, then 
 the whole of the Vendue Duties are to be levied in the 
 same manner as if such immoveable Property had been 
 disposed of at Public Auction. 
 
 3. Any Person buying Goods or Articles at a Public 
 Auction in the name of the Owner or Proprietor, with 
 a view to defraud the Public Revenue, shall not only 
 forfeit the whole of the Goods or Articles so bought, or 
 to the amount thereof, but shall also be liable to such 
 further pains and penalties, as are already awarded by 
 Law against all Defrauders of the Public Revenue. 
 
 Given under my Hand and Seal, this 2d of May 1806. 
 
 (Signed) D. Baird, 
 
 Major-General, Commanding in Chief. 
 By Order of His Excellency, 
 (Signed) J. C. Smyth, A. C. Secretary. 
 
 Government Advertisement. 
 
 His Excellency the Lieut.-General Commanding in Chief 
 directs, that all Merchants, Masters of Vessels, or 
 others ; who may have occasion to land their Goods at 
 the Wharfs either of Cape Town or Simon's Town, will 
 remove the same from off the Wharf as soon as pos- 
 sible ; it having been represented to him, that great 
 inconvenience to the Trade of the Settlement, as well as 
 much damage to the Wharfs, has arisen from heavy 
 Articles having been left on the Wharfs for a consider- 
 able period. 
 
 All Articles left upon the Wharf, either at Cape or 
 Simon's Town, longer than three days, without special
 
 17 
 
 pTemission, (to be granted only in very particular cases) 
 will be liable to be seized and confiscated by the Cus- 
 tom-House Officers, who are hereby charged with the 
 necessary Authority to enforce this Regulation. 
 
 Secretary's Office, Castle of Good Hope, 23d May 1806. 
 
 By Order of His Excellency, 
 (Signed) J. C. Smyth, A. C. Secretary. 
 
 Proclamation, by His Excellency Lieut.- General 
 Sir David Baird, 8fc. 
 
 WHEREAS it is highly necessary for the welfare and 
 tranquillity of this Settlement, that the Inhabitants of 
 the Country Districts should yield prompt obedience to 
 the lawful orders and commands of the Field-Cornets ; 
 and whereas it has been represented to me, that it 
 sometimes happens, that when Wagons or Horses are 
 required for the Public Service, and the Field-Cornet 
 in consequence sends to the Farmers of his District 
 for their Wagons, Horses, or Teams of Cattle, as may 
 be required, that some of the Farmers object to comply 
 with the Field-Cornet's orders, alledging, in excuse, 
 that it is not their turn to be called upon ; now, having 
 taken the above circumstances into my consideration, 
 and being determined that as little delay as possible 
 shall be occasioned by these disputes, to the Public 
 Service, (by virtue of the Power and Authority vested in 
 me by His Majesty) I do hereby direct that the following 
 Regulations on the subject are to be strictly adhered 
 to: 
 
 1 . All orders or requisitions from the Field-Cornets 
 are to be immediately complied with. Any Farmer 
 refusing or neglecting to furnish his Wagon, Oxen, or 
 Horses, as directed by the Field-Cornet, will be liable 
 to a penalty of Fifty Rixdollars; one half of which 
 
 c2
 
 18 
 
 sum is to be paid to the Field-Cornet, and one half to 
 the Farmer whose Wagon, Oxen, or Horses, shall 
 have been made use of. 
 
 2. The Field-Cornet to report without delay all 
 instances of neglect or disobedience on the part of the 
 Farmers to the Landdrost of his District, who, assisted 
 by the Court of Heemraden, is hereby directed and 
 required to investigate into the complaint, and if upon 
 due inquiry it should appear to be founded, to inflict 
 the penalty above-mentioned. 
 
 3. In order, however, to guard the Farmer from 
 any wanton oppression on the part of the Field-Cor- 
 iiet, all Field-Cornets are hereby required to keep Lists 
 of the Inhabitants of their several Districts, tand to 
 call upon them all in rotation, without any partiality 
 or distinction, for their Wagons or Cattle ; and these 
 Lists are to be shown at the Yearly Opgaaf to the 
 Landdrosts and Heemraden, who are hereby directed 
 to report that they have seen and examined the same.C 1 ) 
 
 4. Any Farmer conceiving himself called upon for 
 his Wagons, Teams, or Horses, oftener than in his 
 proper turn, or in any other mode ill treated and op- 
 pressed by his Field-Cornet, is at liberty to complain 
 to his Landdrost and Heemraden, who are to report to 
 the Colonial Secretary's Office, for my information, the 
 name of any Field-Cornet whom they may find guilty 
 of acting in an improper manner, in order that I may 
 fa'ke such steps respecting him as the nature of the 
 case may appear to me to require. 
 
 5. The Landdrosts and Heemraden of the respec- 
 tive Country Districts, are hereby enjoined to be 
 extremely particular, in future, in selecting the most 
 respectable Inhabitants to recommend to me to be 
 appointed Field -Cornets ; and as upon the proper con- 
 duct of the Field-Cornets the tranquillity and welfare 
 
 (') Vide Proclamation, 12th March 1818.
 
 19 
 
 of the Country Districts so much depend, it is my 
 further directions, that all Persons at present acting as 
 such, and who may not be deemed fit by the Land- 
 drosts and Heemraden of their several Districts to 
 continue in that situation, may be reported to me, in 
 order that they may be forthwith removed. ( l ) 
 Given under my Hand and Seal, this 16th July 1806. 
 (Signed) D. Baird, 
 
 Lieut. General, Commanding in Chief. 
 
 By Order of His Excellency, 
 (Signed) J. C. Smyth, A. C. Secretary. 
 
 Government Advertisement. 
 
 NOTICE is hereby given, that in consequence of the 
 representations that have been made to His Excellency 
 the Lieutenant-General Commanding in Chief, upon 
 the bad state of the Roads in the Country Districts, 
 he has directed the several Landdrosts to be written 
 to, authorising them to appoint an Overseer of the 
 Roads in each District, who will be empowered to call 
 upon the Inhabitants to furnish a proportion of their 
 Slaves (according to an accurate list to be furnished by 
 the Landdrost and Heemraden) for the repair of the 
 Roads. 
 
 Persons neglecting to furnish their Slaves when 
 called upon, will be liable to a penalty of Fifty Rix- 
 dollars for each offence y which sum is to be levied by 
 the Landdrost and Heemraden, and applied to the 
 Fund for the repairing of the Roads. ( 2 ) 
 
 Castle of Good Hope, 13th September 1806. 
 
 By Order of His Excellency, 
 (Signed) J. C. Smyth, A. C. Secretaiy. 
 
 (<) Vide Proclamations, 26th Aug. 1814, 15, and 14ttFeb. 1817. 
 ( 2 ) Vide Proclamation, 6th August 1824.
 
 Proclamation, by His Excellency Lieut. -General 
 Sir David Baird, $"c. 
 
 WHEREAS it has been reported to me, that consider- 
 able quantities of Spanish Dollars have been lately 
 smuggled out of this Settlement, notwithstanding the 
 strict Regulations already issued on the subject ; now, 
 being determined to enforce due obedience to the 
 Laws, and having taken into consideration, that if the 
 further exportation of Specie is not carefully guarded 
 against, His Majesty's Service, as well as the Colony 
 in general, will be exposed to great inconvenience, I 
 do hereby (by virtue of the Power and Authority vested 
 in me by His Majesty) order and direct that the fol- 
 lowing additional Rules and Regulations shall hence- 
 forth be punctually observed, it being my intention to 
 punish any deviation from the same with the utmost 
 rigour : 
 
 1. No Boat or Vessel, other than those belonging to 
 His 'Majesty, and when employed in His Service, shall 
 attempt to Land or Ship Goods, Wares, or Merchan- 
 dize at any other place than the Wharf; all other Boats 
 whatsoever, whether employed Shipping, Tranship- 
 ping, or bringing Goods on shore, must be provided 
 with a Permit from the Custom-House, which Permit 
 is to particularize the number and nature of the Goods, 
 Wares, or Packages , on board. Persons failing to 
 comply with any part of the above Regulation, will be 
 liable to a penalty of Fifty Rixdollars for each trans- 
 gression. 
 
 2. Boats detected either carrying off Specie, landing 
 from, or shipping on board any Vessels in the Har- 
 bours of this Colony, or transhipping Contraband 
 Articles, will, together with the Slave or Slaves em- 
 ployed in navigating them, be confiscated : and if the 
 said Boat should be worked by free People, they will
 
 21 
 
 be liable to be imprisoned for Twelve Months. The 
 Owners of the Specie or of the Contraband Articles 
 will be fined three times the amount of the Specie, or 
 of the Goods attempted to be smuggled in or out of 
 the Settlement. 
 
 3. During the season of the year that the Ships are 
 in Table Bay, all Boats belonging to the shore are to 
 be fastened and secured with a Chain during the night. 
 When Simon's Bay is open, this Regulation is to be 
 extended to Simon's Bay. The Owners of Boats will 
 be fined Twenty Rix-dollars for each Boat not properly 
 secured ; and those Boats that have not their Numbers 
 painted on their sterns, according to the established 
 Regulation, will be liable to be confiscated. 
 
 4. All penalties, forfeitures, and fines levied on 
 account of any breach of the above Regulations, to be 
 divided into three parts, One-third for the Colonial 
 Treasury, One-third for the Fiscal, and One-third to 
 be given to the Custom-House Officer or Informer ; 
 and if any of the Guards shall detect any attempt 
 to export Specie, they will receive One-third of the 
 amount of the Sum. 
 
 5. The Captain of the Port and Harbour-Master, as 
 well as His Majesty's Fiscal and the Collector and 
 Comptroller of the Customs, as also all Officers Civil 
 and Military, are hereby strictly enjoined to give every 
 assistance in carrying the above Regulations into effect. 
 
 Given under my Hand and Seal, this 30th Oct. 1 806. 
 
 (Signed) D. Baird, 
 
 Lieut. General, Commanding in Cnief. 
 
 By Order of His Excellency, 
 (Signed) J. C. Smyth, A. C. Secretary.
 
 22 
 
 Government Advertisement. 
 
 NOTICE is hereby given, that in consequence of a 
 representation from the Landdrost and Heemraden of 
 Stellenbosch, His Excellency has thought proper to 
 authorise them to fix the following Tariff, to be complied 
 with by all Persons passing the Berg River, at the 
 Bridge of Boats belonging to the Stellenbosch District : 
 For a loaded Wagon, from either side of the River, 1 Rd. 
 For an empty Wagon, do. 4 Sks. 
 
 For a Coach, Barouche, or any 4- wheeled conveyance, 4 
 For a Cart, Gig, or any other Carriage with 2 wheels, 2 
 A Foot Passenger, . . . 1 
 
 A Horse, Ox, or Mule, . . . 1 
 
 A Sheep or Goat, ... 1 Stv. 
 
 A Flock of Sheep or Goats exceeding 50 in number, 1 Rd. 
 for the Flock. 
 
 Persons dwelling in the Groeneberg, Wagonmakers' 
 Valley, and Klein Drakenstein, and who are obliged to 
 pass the River to attend the Church at the Paarl, will 
 not however pay as above, but will be allowed to pass 
 on Saturdays, when going to Church, and on Sundays^ 
 when returning home, at the low rate of one Skilling 
 each time for any conveyance they may have. 
 
 Men on horseback will pay, when proceeding to 
 Church, one Skilling, and will be entitled to pass the 
 Bridge, on their return home, gratis. 
 
 Castle of Good Hope, 3d January 1807. 
 By Order of His Excellency, 
 (Signed) J. C. Smyth, A. C. Secretary. 
 
 Proclamation, by His Excellency Du Pre, Earl of 
 Caledon, Viscount Alexander, and Baron Caledon, 
 of Caledon, $"c. 
 
 WHEREAS by a Proclamation issued by the Earl of 
 Macartney, when Governor of this Colony, bearing
 
 23 
 
 date the 17th day of March 1798, certain Regulations 
 were established for enforcing the due payment of the 
 Poll and Chimney Money from the Inhabitants of the 
 Cape District ; and it appearing by the 35th Article of 
 the Instructions given by the late Batavian Government 
 to the Burgher Senate, that some further measures were 
 ordered to be adopted with a view of preventing any 
 delay in the Collection of this essential Branch of the 
 Town Revenue. 
 
 And whereas it has been represented to me by the 
 President and Members of the Burgher Senate, that 
 notwithstanding the Provisions contained in the said 
 Proclamation, as well as in the Instructions before 
 mentioned, that considerable delays and difficulties 
 have arisen owing to their not being possessed of suffi- 
 cient Authority to enforce the due payment of the 
 aforesaid Taxes ; and having taken their representation 
 into my serious consideration, and it being my firm 
 determination to give every support to the Magistrates 
 established by Law, to enable them to enforce com- 
 pliance with such Regulations as have been found 
 necessary for the public good : I do hereby recall the 
 said Proclamation of the 17th March 1798, and annul 
 the 35th Article of the Instructions from the Batavian 
 Government to the Burgher Senate, in as much as it 
 relates to the Taxes before mentioned ; and hereby 
 order and direct, that from and after the date of these 
 presents, Two Members of the Burgher Senate do 
 attend at their Senate House on the first Monday and 
 Tuesday of every year, and likewise on the first Monday 
 and Tuesday in the months of April and October, from 
 the hours of 9 to 12 in the forenoon, and from 3 to 5 in 
 the afternoon, for the purpose of receiving payment of 
 the Taxes of Poll and Chimney Money : and the several 
 Inhabitants are hereby directed and required to appear 
 before the said deputed Members at the time appointed,
 
 24 
 
 to acquit themselves of the payment of the Taxes afore- 
 said. And should any Person or Persons, in disobedience 
 of these my Orders and Commands, fail to appear at the 
 Senate House within the time specified, and for the 
 purposes herein mentioned, they shall forfeit the sum 
 of 10 Rds. each, to be paid into the Town Treasury. 
 And the Burgher Senate are hereby fully authorised, 
 and empowered, to summon such defaulter or defaulters 
 before them, and there to require the payment of their 
 quota, or to assign such reasons for having delayed the 
 payment thereof, as shall appear sufficient: but should 
 any one refuse to obey the summons, or not assign 
 sufficient cause, the Burgher Senate have, in such case, 
 full power and authority given them, to issue a Warrant 
 under their Hands and Seal, without any further notice 
 or process, for distraining on the party or parties so 
 defaulting, to the amount of their default, together with 
 all the expenses attending the recovery of the same ; 
 which Warrant shall be executed according to the 
 established Law and Custom of the Colony. But in 
 order to prevent any improper use being made of the 
 power and authority vested by these presents in the 
 President and Members of the Burgher Senate, it is 
 hereby provided, that previous to the execution of the 
 Warrant aforesaid, the party shall be at liberty, on 
 depositing the sum of 25 Rds. in the hands of the 
 Secretary of the Burgher Senate, to appeal to the 
 Court of Justice ; but if the party so offending shall 
 fail to prosecute his Cause in Appeal on the first Court 
 Day next ensuing, he shall not only forfeit the sum 
 deposited, but moreover be liable to pay all further 
 costs and expenses which may have been incurred ; 
 which sums are to be carried to the account of the 
 Town Treasury. 
 
 And, in order that no Person may be able to plead 
 ignorance of these presents, I do hereby order and
 
 25 
 
 direct, that this may be published immediately, and 
 stuck up in the usual places. 
 
 Given under my Hand and Seal, at the Castle of 
 Good Hope, this 20th day of June 1807. 
 
 (Signed) Caledon. 
 
 By His Excellency's Command, 
 
 (Signed) A. Barnard, Secretary. 
 
 Government Advertisement. 
 
 NOTICE is hereby given, that in consequence of a re- 
 presentation from the Landdrost and Heemraden of 
 Stellenbosch, His Excellency has thought proper to 
 authorise them to fix the following Tariff to be complied 
 with by all Persons passing the Lower Great Berg 
 River, at the Ferry of L. Botma : 
 
 For a loaded Wagon from either side of the 
 
 River, 1 Rd. 
 
 For an empty Wagon, ditto 4 Sks. 
 
 For a Coach, Barouch, or any 4-wheeled 
 
 conveyance, 4 
 
 For a Cart, Gig, or any other Carriage with 
 
 two wheels, 2 
 
 A Foot Passenger. , , 1 
 
 o ~ 
 
 A Horse, Ox, or Mule, 1 
 
 A Sheep or Goat, 1 Stiv. 
 
 A Flock of Sheep or Goats exceeding 50 in number, 
 1 Rd. for the Flock. 
 
 Castle of Good Hope, 28th August 1 807. 
 
 By Command of His Excellency the Governor, 
 (Signed) A. Barnard, Secretary. 
 D
 
 Proclamation, by His Excellency Du Pre, Earl of 
 
 Caledon, Viscount Alexander, 6fc. $*c. 
 HAVIKG taken into my consideration several Represen- 
 tations that have been made to me, of the inconvenience 
 that arises for want of a distinct Demarcation of the 
 Boundaries of the new Drostdy of Tulbagh, (*) I have 
 judged it expedient to define the limits thereof, and 
 hereby to direct, that all Persons residing within the 
 same, as hereunder described, do take especial care to 
 give in their Opqaaf to the Landdrost of Tulbagh, 
 annually, by the time prescribed by Law, and do 
 consider themselves in future wholly within the juris- 
 diction of that Drostdy. 
 
 But inasmuch as the difficulty of the Passes, and 
 the badness of the Roads, would render it extremely in- 
 convenient for the Inhabitants of the several Districts 
 of the Oliphants River, the Onder Roggeveld, Han- 
 tam, Onder or Great Bokkeveld, and Namaqua Land, 
 to proceed to Tulbagh in compliance with the directions 
 herein given, it is my intention forthwith to appoint a 
 Deputy Landdrost, to be resident at Jan Dissels Valley, 
 in order to receive the Opgaaf of the several Districts 
 above-mentioned, and for such other purposes as will 
 be communicated to the Inhabitants of the District of 
 Tulbagh, through the Landdrost, or Landdrost and 
 Heemraden, thereof. 
 
 The Great Berg River, from its mouth at St. Helena 
 Bay, to the spot where the Koopmans River falls into 
 it, is to be the line of division between the Drostdies of 
 Stellenbosch and Tulbagh ; the division will from thence 
 be marked by the Koopmans River itself to its source; 
 after which, the great chain of Hills, as far as the 
 Marais Hoogte, and from thence, the River Zonder 
 End Hills to the Baviaans Kloof, will form the Boun- 
 t dary of the two Drostdies. 
 
 (') Now included in the District of Worcester.
 
 27 
 
 Thus the Land to the Eastward of the Great Berg 
 River, and to the Northward of the Koopmans River, 
 is to belong to the Drostdy of Tulbagh ; while that to 
 the Westward of the Great Berg River, and to the 
 Southward of the Koopmans River, is to continue as 
 heretofore under the Drostdy of Stellenbosch. And 
 the Districts of Gaudine, Brand Valley, Breede River, 
 and half of the Boschjesveld, laying to the North-East- 
 ward of the Great Chain of Hills above described, are 
 to be considered as belonging to the Drostdy of Tul- 
 bagh ; while the Districts of the Groeneberg, Wagen- 
 makers Valley, Drakenstein, the Paarl, and the River 
 Zonder End, are to remain under the Drostdy of Stel- 
 lenbosch. 
 
 From the Baviaans Kloof in the River Zonder End 
 Hills, the division between the Drostdies of Tulbagh 
 and Swellendam is formed by an ideal line, which 
 crosses the Boschjesveld in a North-Easterly direction, 
 between the Field -Cornetcies of Laurens and Opper- 
 man, as far as the Goerits Hoogte, dividing the Breede 
 River nearly at right angles at the Matjes Drift. 
 
 The Land to the Northward of this line, viz : the 
 Field-Cornetcies of J. Laurens and Naude, will belong: 
 
 ' O 
 
 to the Drostdy of Tulbagh ; and the Field-Cornetcy 
 of J. P. Opperman, will belong to that of Swellendam. 
 At the foot of the Goerits Hoogte, this ideal line again 
 joins the Great Chain of Hills to the North of the 
 Breede River, which Chain to the Eastward of the 
 Hex River and to the Southward of the Draay, will 
 constitute the Line of Division till it joins the old 
 Boundary, leaving thus the Draay, the Straat, and 
 the Hex River, under the Drostdy of Tulbagh. 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 1st day of February 1808. 
 
 (Signed) Caledon. 
 
 By His Excellency's Command, 
 (Signed) C. Bird, A. C. Secretary.
 
 28 
 
 Government Advertisement. 
 
 THE Committee appointed by the Proclamation of the 
 14th December, 1807, for investigating the state of 
 Public Credit, having terminated their Sittings, and 
 made their Reports to the Governor and Commander in 
 Chief, His Excellency has judged it expedient to 
 issue to the Directors of the Lombard Bank, the Sum of 
 One Hundred and Fifty Thousand Rix-dollars, as a 
 Loan from the Public Treasury, in order that the same 
 may be advanced in small Sums, for short periods, upon 
 sufficient Security, to such Persons as, under the cir- 
 cumstances of the times, require pecuniary assistance ; 
 and His Excellency has thought fit to direct the Mem- 
 bers of the Loan Bank to guide themselves in future 
 by the following Additional and Provisional Instruc- 
 tions, the necessity whereof is suggested in the Re- 
 ports above alluded to. 
 
 1. The Loan Bank is in future to be under the di- 
 rection of a permanent President, and Three Members, 
 assisted by a Bookkeeper, Cashier, and Messenger. 
 
 2. The Salaries of the President and Members, as 
 well as those of the Bookkeeper, Cashier, and Mes- 
 senger, are to be paid out of the Colonial Treasury, 
 and are not to be drawn, as formerly, from a proportion 
 of the income of the Bank, and from the amount of 
 Fees received in the Office. 
 
 3. All Fees, therefore, of every description, are to 
 be duly accounted for to the Public, at each period of 
 submitting the Accounts of the Bank to the inspection 
 of the Auditor General. 
 
 4. The Accounts and Books of the Bank are to be 
 closed on the 31st of December of each year, when, 
 of course, the Interest of all outstanding Capital be- 
 comes due, and is to be collected with the least possi- 
 ble delay ; and the proceeds of such Interest is to be 
 paid by the Directors of the Bank to the Receiver
 
 29 
 
 General of His Majesty's Revenues monthly as it is 
 collected, together with the amount of the Fees re- 
 ceived in the Office. 
 
 5. Previous, however, to any payment being made 
 to the Receiver General, the Account thereof is to be 
 examined, and certified to be correct, by the Auditor 
 General of Public Accounts. 
 
 6. The Capital of the Loan Bank having been ab- 
 sorbed by the practice of granting renewals in all 
 cases ; and it appearing that great inconvenience might 
 be apprehended from breaking through the custom at 
 the present moment, the President and Members of 
 the Bank are empowered to continue the same upon 
 due consideration of each case ; but they are required 
 to refuse the application where it is apparent that it will 
 not be injurious to the Party, to pay in the principal 
 sum for which he is indebted. 
 
 7. Whenever application is made to the Directors 
 for a Loan to be transferred, upon the Sale of the 
 Estate which was mortgaged to the Bank, by the origi- 
 nal Debtor, the same is not to be complied with, unless 
 20 per Cent, upon the principal sum is paid into the 
 Bank. 
 
 8. The Directors are required to call in 10 per Cent, 
 per Annum of all Debts that have been outstanding 
 above two Years, due by the Inhabitants of the Cape 
 Town and its Vicinity ; which Vicinity is to be marked 
 by a line drawn from Riet Valley, direct to Simon's 
 Bay, comprehending all within the Salt River to 
 Simon's Town inclusive ; and from such Persons as 
 reside without these Limits, the Directors are to call 
 in 6 per Cent, per Annum, of such sums as have been 
 outstanding as above specified. In either case, how- 
 ever, six months' notice is to be given by the Directors ; 
 but this regulation is not to interfere with the right 
 which the Directors have to call in the whole sum due 
 
 D2
 
 30 
 
 to the Bank, in such cases, as circumstances may make 
 it adviseable. 
 
 9. Such Persons as have paid 20 per Cent, upon the 
 transfer of a Loan to them, are not to be called upon 
 for any further proportion within the first two years 
 from the date of such transfer. 
 
 10. The Interest of all Money, either already issued, 
 or to be issued from the Bank, is to be 6 per Cent, the 
 legal Interest of the Colony. 
 
 11. The above Regulations being calculated again 
 to bring into activity a proportion of the Capital at 
 present absorbed, the Directors of the Bank (in order 
 -to keep in constant circulation the means entrusted to 
 
 them, and to render as much aid to the Public as possi- 
 ble, under the existing circumstances) are to advance 
 for the present no further sums on permanent Mortgage, 
 but, are to confine the advances to Loans for short 
 periods, of from one to six months, according to the 
 circumstances of each case : and the Directors are not 
 to issue to any one Person, or to any Firm, more than 
 Five Thousand Rix-dollars. 
 
 12. Nevertheless, it is not the intention by such 
 Regulations to deviate from the original design of the 
 Bank, which at a future period will be directed to afford 
 to the Agriculturists and Traders such relief as in justice 
 can be granted to them, and under sue a length of 
 tenure as may enable them to prosecute their labours 
 with increased effect. 
 
 13. The Directors are hereby empowered to accept 
 of any sort of security, whether of moveables or immove- 
 ables, that may appear to them sufficient for the pro- 
 tection of the Public ; but the Directors are not to 
 advance any Money on Vendue Rolls or Extracts. 
 
 14. As the benefit to arise from this mode of advanc- 
 ing Money must greatly depend on the punctuality to 
 be observed in the reimbursements, the Directors are
 
 31 
 
 not to issue any sums without sufficient collateral 
 personal security ; and the Persons who bind them- 
 selves as securities for others, are to be aware that, by 
 the nature of the obligation, they will be required to 
 enter into, in failure of prompt payment by the Principal, 
 they (as well as the Principal) will be immediately 
 liable, byparata executio,( l ) to the most summary mode 
 of procedure against themselves. 
 
 15. With regard to the security of Deeds of Mortgage 
 passed in the Loan Bank, it is hereby declared, that all 
 such Deeds as may be hereafter passed by virtue of 
 these Regulations, shall be considered as legal Mort- 
 gages from the date of the registry, and thus, preferred 
 to all other special Bonds laid on the Goods of the 
 Debtor, subsequent to that period. 
 
 1 6. The Directors of the Bank are not to charge any 
 Fees upon Loans issued for short periods of six months 
 or under, but, the obligations are to be made out on a 
 Stamp of Two Rix-dollars, and the Fee for Enregistra- 
 tion at the Secretary's Office is to be continued. 
 
 17. All applications for Loans are to be made to the 
 President and Members of the Bank by letter, in which 
 the sum required, and the time for which it is wanted, 
 are to be stated, together with the nature of the security 
 proposed ; and preference in the issues is to be given to 
 such as have not received prior aid from the Bank. 
 
 18. The Directors of the Lombard Bank are to be 
 guided by their former Instructions, in all cases, which 
 are not provided for by the present Regulations. 
 
 Castle of Good Hope, 1st June 1808. 
 
 By Command of His Excellency the Governor, 
 (Signed) C. Bird, A. C. Secretary. 
 
 (') No longer in existence.
 
 32 
 
 Government Advertisement. 
 
 His Excellency the Governor and Commander in 
 Chief having taken into His consideration, that the 
 encreased Population of the Settlement has rendered 
 the Duties of His Majesty's Fiscal so arduous, as to 
 make it impossible for him to attend to the Interior 
 arrangements of the Cape District, as has hitherto been 
 the case : His Excellency has determined upon sepa- 
 rating; the Duties of Landdrost from those of the Fis- 
 
 O 
 
 cal ; and has in consequence been pleased to appoint 
 J. Zorn, Esq. to be Landdrost of the Cape District, 
 who will act under the Regulations and Instructions 
 subjoined. His Excellency has also thought proper 
 to appoint a Court of Heemraden for this District, to 
 be formed by the present members of the Matrimonial 
 Court, together with Messrs. Gysbert van Reenen of 
 Rondebosch, and Melt van der Spuy of Koebergen : 
 which Court of Heemraden will act under particular 
 Instructions, this day communicated to them, and 
 which will be made public in the ensuing week's 
 Gazette. 
 
 Castle of Good Hope, 31st March, 1809. 
 By Command of His Excellency the Governor, 
 (Signed) H. Alexander, Secretary. 
 
 Instructions for the Landdrost of the 
 
 ART. 1. The Cape District shall be under the di- 
 rection of a Landdrost and Heemraden, with such 
 other subordinate Officers as shall be hereafter named. 
 
 2. The Jurisdiction of the Cape District is limited 
 from the Lines to the known Boundaries between that 
 and Stellenbosch. 
 
 3. Here is, however, to be excepted the Ward No. 
 26, beyond the Lines, called Papendorp, and the 
 Town in Simon's Bay, usually named Simon's Town, 
 
 (') Vide Ordinance No. 77.
 
 33 
 
 for so far as concerns Simon's Town alone ; and thus 
 the Deputy Fiscalship there, remains directly under the 
 superintendance, and as an immediate branch of the 
 Fiscal's Office in Cape Town. 
 
 4. The Landdrost of the Cape District is also to act 
 as President of the Matrimonial Court, and Court for 
 Decision of Petty Law Suits. 
 
 5. The Members of this Board, after having trans- 
 acted the usual Business of the Matrimonial Court, 
 and Court for the Decision of Petty Cases, are then to 
 act as Heemraden of the Cape District. 
 
 7. The subordinate Divisions of this District are 
 under the same Field -Cornetcies as at present/ which 
 Field-Cornets, in the Environs of their fixed limits, do 
 also exercise a part of the Public Service, agreeably 
 to a particular Instruction, and are to comply with the 
 Orders of the Landdrost, or Landdrost and Heemraden. 
 
 7. The Landdrost, as well as the Board of Land- 
 drost and Heemraden, receive their necessary Orders 
 immediately from the Governor and Commander in 
 Chief, excepting only their Judicial Authority, con- 
 cerning which, they are obliged to respect, and follow 
 the Decrees of the Court of Justice. 
 
 8. In Criminal Cases, the Landdrost is subject to 
 His Majesty's Fiscal, to whom he therefore shall be 
 obliged to give due information of all Crimes committed 
 in his District, and to pay attention that the Perpe- 
 trators are promptly and" regularly pursued. The 
 Fiscal as Chief Officer of Justice has also the right of 
 prevention, to wit, whenever he shall have been the 
 first to arrest or confine the Malefactor, or in case he 
 has been the first to obtain proofs concerning the Crime 
 committed, or in cases of such a magnitude or nature 
 as are considered by the Governor, or the Court of 
 Justice, to require the prosecution to be conducted by 
 His Majesty's Fiscal.
 
 34 
 
 9. The Vendumastership in this District* entirely 
 unconnected with the Landdrost or with the Secretary. 
 
 10. The Landdrost shall have a yearly income of 
 Three Thousand Five Hundred Rix-dollars, commen- 
 cing from the date of his Appointment, and is to be 
 paid every Quarter out of the Colonial Revenues. 
 
 11. The Landdrost shall, in his capacity of Officer 
 of Justice, not be allowed to receive any other Penal- 
 ties, or part thereof, than those fixed by Law, or are 
 lawfully granted to him from all remaining Penalties : 
 if they amount to Fifty Rix-dollars or less, the half is 
 to be paid to the Poor; one-fourth to the Under- 
 SherifF; and one-fourth to the Constables of Justice 
 belonging to the SherifFalty ; and whenever they 
 amount to more than Fifty Rix-dollars, Twenty-five are 
 to be deducted therefrom, and to be divided between 
 the Under-Sheriff and Constables in two equal portions, 
 and the remaining part is to go to the Colonial Treasury. 
 
 12. The Landdrost of the Cape District receives his 
 Appointment from the Governor and Commander in 
 Chief, and follows these Instructions in the execution of 
 his functions, which are, however, subject to such 
 alterations and amendments as His Excellency the 
 Governor may from time to time think proper. 
 
 13. He preserves the supreme power of His Britan- 
 nic Majesty, and takes care that no person, under 
 any pretence whatever, maketh the least encroachment 
 therein. 
 
 14. The protection of all persons, property, and 
 possessions, and the promotion of the prosperity of the 
 District over which he is appointed, must be his prin- 
 cipal aim. 
 
 15. To do this with any effect, his first endeavour 
 ought to be, to obtain a perfect knowledge of all Persons 
 living in his District, their profession and relations, as 
 well as their Estates, Lands, and Products.
 
 35 
 
 16. He will pay particular attention to the Educa- 
 tion of the Youth, and will endeavour to make the 
 means for that purpose convenient to every Family : he 
 will endeavour especially to encourage Youth in indus- 
 try, by treating the laborious Farmer with attention, 
 and thus making them view the situations of such 
 Farmers as respectable, and of the highest benefit for 
 this Colony. 
 
 17. The original Natives of this Country, the Hot- 
 tentots, must be considered and treated as free People, 
 who have a lawful abode in the Colony, and their 
 Persons, Property, and Possessions, ought for that 
 reason to be protected the same as those of other free 
 People. 
 
 18. The Landdrost must constantly bear in mind, 
 that this Colony's prosperity depends on the quantity 
 and goodness of its produce ; he endeavours to con- 
 vince the Inhabitants of his District, as much as pos- 
 sible, of this truth, and uses every leading means to 
 promote the same. 
 
 19. The Improvement of Cattle being of the great- 
 est importance, the Landdrost is to pay due attention 
 to this subject, and promote in every possible manner 
 the making of Artificial Pastures, Winter Stables, and 
 every thing else that can be of any service in this 
 case. 
 
 20. The Landdrost, for that purpose, ought to have a 
 perfect knowledge of all the different quarters of his Dis- 
 trict, that he may know for what kind of Cattle every 
 Place is most proper, and how they are to be used, ac- 
 cording to the nature of those quarters, that he may be 
 capable of giving advice, and teaching the Inhabitants 
 what is likely to turn out to their greatest advantage. 
 Every one who maketh Improvements in the breed of 
 Cattle, promoting his own interest, &c. also assists in 
 promoting the general prosperity, and as a meritorious
 
 36 
 
 Burgher, ought to meet at all times with encouragement, 
 advice, and support, from the Landdrost of his District. 
 
 21. The Landdrost is earnestly recommended to en- 
 courage in the strongest manner, the breed of Spanish 
 Sheep. It is noticed in the old Registers of the Colony, 
 that a century past, many promising samples have been 
 furnished of Wool, and that the want of proper atten- 
 tion to this breed of Sheep, is the only cause that 
 deprives this country of that inexhaustible source of 
 property. 
 
 22. The Land used for Agriculture, the Landdrost 
 ought also to acquire a perfect knowledge of ; for that 
 purpose, he enquires what produce is best adapted to 
 each place, enabling himself by those means to give 
 the best advice. 
 
 23. Besides the cultivation of Corn, the Landdrost 
 will encourage the Inhabitants to cultivate all such 
 Products as may either be used as food, and by that 
 means procure saving of Corn, or become an advanta- 
 geous object for exportation; amongst which last kind 
 of Produce, the cultivation of Wine, ought to be taken 
 into the greatest consideration. 
 
 24. The planting of Wood, and the preservation of 
 the already existing Woods, ought also to be encour- 
 aged, the same becoming more and more necessary for 
 Buildings and Firewood for the Inhabitants. 
 
 25. In general, the Landdrost is to observe, that 
 according to the encreasing population, the necessity 
 also augments, of denning the limits of each Place, and 
 to take care that the greatest advantage is made of all 
 the Land still at the disposition of Government ; and 
 that accordingly, the strictest regularity is observed, as 
 well in the distribution as in the cultivation thereof. 
 
 26. The enquiry concerning those Places, and Pre- 
 mises, given either on Loan, Quitrent, or Property, the 
 Landdrost ought to place amongst his principal trans-
 
 37 
 
 actions, and with the deliberation o the Heemraden, 
 leave no means untried to conform precisely to the 
 Resolutions of 29th February 1804, 15th May 1805, 
 and the Additional Instructions of 2d July 1807, which 
 are to be considered as if herein inserted. 
 
 27. The Landdrost shall keep a particular Account 
 of all Places and Premises under his District, and ex- 
 pressly mark down the name and situation of every 
 Place and Tenement, and the name of the Owner and 
 Possessor thereof, and, to prevent confusion and mis- 
 understanding, the Places and Premises shall be num- 
 bered. 
 
 28. The first object of the Landdrost is to take care 
 that every Field -Cornet in the Cape District form an 
 exact List of all the Places, Erfs, and Dwellings of 
 whatever description soever in his division, separately 
 numbered with the name of the Occupier or Owner, 
 the name of his Wife, number of Children, Slaves, and 
 Cattle, which are kept at each Place. 
 
 29. Within six months after the date hereof, the 
 Landdrost is to form, from the different reports of the 
 Field-Cornets, a separate List, pointing out : 
 
 ) The distance of each Place from the Field-Cornet, 
 as well as from the Town. 
 
 ) What Rivers are situated between those Places 
 and the Town. 
 
 f) The nature and quality of each Place and Erf, 
 with such other remarks as it may be necessary 
 that Government should be made acquainted 
 with. 
 
 <d) What customary Uitspan-places (Places for un- 
 yoking of Cattle) are in the Cape District. 
 
 30. At the end of each year, the Landdrost is to de- 
 liver in to Government a new list, together with the 
 Report of the General State of the Cape District, as 
 
 the Names of such of the Inhabitants as may
 
 appear to him to have signalized themselves by extra- 
 ordinary exertions, whether in the planting of wood, 
 clearing of land, or any other branch of Agriculture. 
 
 31. The Landdrost is to take especial care that the 
 Salt Pans in the Cape District are not misused or injured, 
 and principally that in the Cape Plains no new roads 
 are formed near the same to the south eastward. 
 
 32. In case any Ship is cast away in this District, the 
 Landdrost shall be obliged to send immediately a report 
 in writing to the Governor, and repair personally with 
 the utmost speed to the place where the Ship was cast 
 away, and there employ all proper means to save the 
 people, and to preserve good order ; and for which 
 reason, every one without distinction being hereunto 
 lawfully required, shall be obliged to give him the 
 necessary assistance. The Landdrost shall be obliged 
 to send a declaration of all the expenses incurred on 
 the occasion to the Governor, in order that he may, 
 after the examination thereof, direct in what manner 
 the payment shall be made. 
 
 33. The Landdrost is further in such case authorised 
 to apprehend all such persons as may be guilty of 
 plundering the Shipwreck, and to send them in custody 
 to the Capital, that they may be prosecuted by the 
 Court of Justice, agreeably to the Proclamation of the 
 20th June 1793. 
 
 34. In case any Ship or Vessel, not having a par- 
 ticular Licence to sail on the Coast of this Colony, 
 happens to run into any Bay, the Landdrost shall not 
 allow any goods to be landed from the same before a 
 regular permission shall be obtained from the Custom 
 House, with the consent of His Majesty's Fiscal.- 
 
 35. But in case any Ship or Vessel run into any of 
 the Bays in distress, and the waiting for such a per- 
 mission might endanger Ship or Cargo, the unloading 
 of goods shall be permitted to be immediately done,,
 
 39 
 
 but with the necessary precautions, that under this 
 pretence, no Contraband is brought on shore to the 
 prejudice of the regular Duties. 
 
 36. All crimes committed in this District, the Land- 
 drost shall prosecute before the Court of Justice of 
 this Settlement, agreeably to the Constitution of this 
 Government, and according to the Regulations relative 
 to the Form of Proceeding, bearing date 9th July 1570. 
 But this Article is not to be in force until the 1st Janu- 
 ary 1810. 
 
 37. The Landdrost shall be obliged to keep a proper 
 Journal of all Transactions occurring in his District, 
 and send a proper Report of all cases of consequence 
 with the utmost speed to the Governor and Commander 
 in Chief. 
 
 38. The Landdrost shall give immediate notice by 
 Letter, not only to the Governor of all Criminal Cases 
 which may happen in his District, but also to the Presi- 
 dent of the Court of Justice, and His Majesty's Fiscal. 
 
 39. His Judicial Examinations he shall hold before 
 Commissioners from the Worshipful the Court of Justice, 
 in the usual manner. 
 
 40. To carry on his Official Processes, either Civil or 
 Criminal, he will be allowed to appoint an Attorney, 
 provided he employs for that purpose one of the Advo- 
 cates of the Court of Justice ; or in case he might pre- 
 fer any other person, to propose the same to the Go- 
 vernor for approbation. 
 
 41 . The Landdrosts shall be permitted, without giving 
 notice, or any previous consent of the Governor at the 
 time, or from the Court of Justice, provisionally to cause 
 all such Persons to be apprehended and taken into 
 custody, who have no fixed abode in this Colony, and 
 who, without any legal authority, remain in the same, 
 and continue, without the knowledge or consent of the 
 Governor and Commander in Chief, or His Majesty's
 
 40 
 
 Fiscal, as Vagabonds in his District ; as also all 
 Deserters without exception. The Landdrost, neverthe- 
 less, shall be obliged to give notice of such apprehen- 
 sions, without delay, to the Governor, and to His 
 Majesty's Fiscal. 
 
 42. The Landdrost is obliged to obej' all orders from 
 the Court of Justice, especially when he is ordered by 
 them to institute an action, or to enter into a Law Suit 
 with any one ; but on Informations and Complaints sent 
 him fiom any other quarter, either requiring or persuad- 
 ing him to act, he shall be guided by his sense of Justice. 
 
 43. As long as the use of Slaves in this Colony shall 
 not be done away, the Landdrost must esteem it one of 
 his most sacred duties to watch over the treatment of 
 those unfortunate persons. His Majesty's Government 
 can never admit, that the title to Human Property permits 
 ill-treatment ; and for that reason it is expected, that all 
 Constituted Powers and Officers, by their own example, 
 will accustom their fellow Citizens to view the Slaves, 
 and to use them as their fellow creatures, and never allow 
 any cruelty towards them : every thing that may serve to 
 civilize these people, and by teaching them the Moral 
 Duties, render them useful Members of Society, is recom- 
 mended to the Landdrost in the strongest terms. 
 
 44. Nevertheless, whenever any complaint is made by 
 the Owners against their Slaves, the Landdrost may, 
 after examination, and finding the complaint to be just, 
 have such Slave punished either by temporary imprison- 
 ment not exceeding two months, corporal correction, or 
 by placing him in irons for a certain time ; but whenever 
 it appears that the Slave who gave reasons for complaint 
 was not only guilty of small trifling family offences, or 
 other misconduct of the same nature, but crimes on which 
 criminal punishment are fixed, he shall be obliged to 
 bring the matter forward for public prosecution. 
 
 45. But whenever, on the other hand, any Male cr
 
 41 
 
 Female Slave lodges a complaint with the LanddrosJ. of 
 ill-treatment by their Owners, he will cause the complain- 
 ing- Slave provisionally to be taken into custody, and 
 then make an exact enquiry into the merits of the case, 
 in order that, if he finds the complaint to be grounded, 
 he may proceed against the Owners before the Court of 
 Justice as is becoming good Justice ; but in case the 
 complaint is not grounded, or is found to be calumnious, 
 he shall, with the consideration of the Owner (in manner 
 as aforesaid,) have the complainant punished. 
 
 46. He shall not be allowed to make known to any 
 one the Secrets of his Office, except to his respective 
 Superiors. 
 
 47. He shall hold a regular correspondence with His 
 Majesty's Fiscal, and send to him all such information 
 concerning the Justice and Police, as the said Fiscal 
 shall deem necessary to require from the Landdrost; 
 and, on the other hand, His Majesty's Fiscal shall send 
 to the Landdrost all such information as in his situation 
 may be of service to him. 
 
 48. The Landdrost, for the promotion of harmony, 
 good order, and justice, shall correspond with the Land- 
 drosts of the other Districts, in order to assist them in all 
 such cases as may any ways promote the interest of each 
 District ; and especially respecting the apprehension of 
 Deserters, Vagrants, &c. wandering about from District 
 to District. The greatest activity is recommended to 
 the Landdrost in circumstances which require dispatch. 
 
 49. Whenever the Landdrost has any grounded sus- 
 picion that any Inhabitant or Stranger is dangerous to 
 the Public tranquillity and welfare of this Colony, with- 
 out there being any cause of action against such a one, 
 he shall inform the Governor and Commander in Chief 
 thereof, with a summary relation of the reasons of his 
 suspicion, in order to enable the Governor to dispose in 
 this respect, as he shall deem necessary, for the welfare 
 of the Public. 
 
 E2
 
 42 
 
 50. The Landdrost shall have for his due assistance 
 in his Office, one Clerk, and two Police Ruyters, to be 
 paid by Government ; and to be appointed by the same 
 on the proposal of the Landdrost. 
 
 51. Whenever the Court of Justice, or His Majesty's 
 Fiscal, shall require any help or assistance from the 
 Landdrost to enforce any summons or other transactions; 
 or that the Orphan Chamber or Desolate Boedelkamer, 
 for the purpose of promoting their respective Administra- 
 tions, may be in want thereof, he shall immediately 
 comply with the same, or cause the same to be complied 
 with by his Officers. 
 
 52. The Landdrost shall take care that the perform- 
 ance of Divine Service in the Churches of his District 
 be undisturbed ; and by showing- himself due respect, 
 encourage the Inhabitants of his District regularly to 
 attend Divine Service. 
 
 53. The Missionary Establishment at Groene Kloof 
 is to be under the special protection of the Landdrost of 
 the Cape District. 
 
 54. He shall pay due attention to all Publications 
 and other Orders of Government, and take care that they 
 are made known with the utmost speed to all Inhabitants 
 of his District. 
 
 55. The Landdrost shall, before entering 1 into function, 
 take the usual Oaths in the Colonial Secretary's Office. 
 
 Ordinance for the Administration of the Country 
 Districts. * 
 
 Publication. 
 
 JAN WILLEM JANSSENS, Governor and General in 
 Chief, as also the Council of Polity at the Cape of Good 
 Hope, and the Dependencies thereof in South Africa, 
 to all whom it may concern, greeting : 
 
 (') Vide Ordinance No. 77, 1830.
 
 43 
 
 Whereas the increase and prosperity of this Colony 
 materially depend on the increase and improvement of 
 its Produce ; that general Civilization and Industry are 
 alone capable of securing such improvement and in- 
 crease ; that in order to obtain these, a regular and 
 attentive Administration in the Country Districts is 
 indispensably necessary : And whereas the daily in- 
 creasing Population of this Colony demands, that, in 
 order to derive the greater benefit from the soil, and to 
 secure to the Inhabitants a more permanent prosperity, 
 better defined Regulations should be directed, the 
 Governor and Council, in pursuance of the benevolent 
 intentions of the Batavian Government, and of the 
 clearly expressed Commands of the Commissary General, 
 Mr. J. A. de Mist, have thought expedient, with respect 
 to the Public Administration of the respective Country 
 Districts, to order, as they order by these presents, the 
 following Regulations and General Instructions. 
 
 General Regulations. 
 
 ART. 1. The Cape District shall, until otherwise 
 directed, continue to be administered as it has hitherto 
 been. 
 
 2. The Country Districts are divided into Five Drost- 
 dies, by the names of Stellenbosch, Swellendam, Graaff- 
 Reinet, Uitenhage, and Tulbagh, of which Drostdies 
 the respective limits have already partly been defined 
 by the Commissary General, the other parts will be 
 defined by the Governor and General in Chief. 
 
 3. Each of these Drostdies shall be administered by 
 a Landdrost, who shall be assisted by as many domici- 
 liated Burghers and Inhabitants, by the namtof Heem- 
 raden, as the Governor and General in Chief shall think 
 necessary in each District. These Heemraden, together 
 with the Landdrost, shall constitute a Board, in order,
 
 44 
 
 according to regular instructions, and assisted by a 
 Secretary, to deliberate and decide upon the concerns 
 of the District. 
 
 4. This Board is at the same time invested with 
 Judicial Authority, to award to the amount of a certain 
 sum : it is qualified also to register Marriages, and to 
 have them solemnized before a Committee of the Board. 
 In both these cases the Board shall act where these 
 relate to individuals residing within the limits of its 
 District. 
 
 5. Each District is subdivided in as many Field- 
 Cornetcies as the interests and the convenience of the 
 Inhabitants shall require. The Field-Cornets shall 
 execute, within their respective limits, and according to 
 particular instructions, certain parts of the General 
 Administration, and follow the commands of the Land- 
 drost, or of Landdrost and Heemraden. In the Cape 
 District, until further provision shall be made, the 
 Field - Cornets shall receive instructions from the 
 Attorney-General, without prejudice, however, in any 
 case, to the right of the Government immediately to 
 command every Field-Cornet without distinction. 
 
 6. The Landdrost, as well as the Board of Landdrost 
 and Heemraden, shall receive their instructions imme- 
 diately from the Governor and General in Chief, or 
 from the Governor in Council, except only in their 
 judicial capacity, respecting which they shall obey, and 
 follow the Decrees of the Court of Justice, as the 
 Supreme Court of Judicature in this Colony. 
 
 7. In Criminal Cases, Landdrosts and Heemraden 
 are subordinate to the Attorney- General, to whom 
 therefore report shall be made of every crime committed 
 within each respective District, in order that the same 
 may be promptly and regularly prosecuted. The 
 Attorney- General, as the first Law Officer, has the 
 right of prevention when, for instance, he shall have
 
 45 
 
 been the first to arrest or imprison a delinquent, or shall 
 have been the first in taking evidence in the case. 
 
 8. The Venduemastership shall hereafter be separated 
 from the Office of Landdrost, and be attached to that 
 of the Secretary of each District, (o begin from the 
 first day of January of this present year. V/ith this 
 consideration, that it shall be optional with the Land- 
 drosts, when the Vendue Salary, as before received by 
 them, shall exceed the amount of the Salary hereafter 
 to be determined, to retain the said Vendue Salary 
 instead of the other, which in that case he will relin- 
 quish. 
 
 9. The Secretaries of the Country Districts shall 
 never be promoted to Landdrosts in the Districts where 
 they act as Secretaries, at the time the vacancy occurs ; 
 except when the vacancy occurs by death, but in all 
 other Districts they shall be eligible, after which, or 
 also should they have been first appointed to any other 
 Office, they can again be appointed Landdrost of their 
 former District. 
 
 10. Each Landdrost shall have a fixed annual Salary 
 of Two Thousand Five Hundred Rix-dollars, to begin 
 from the first of January of this present year, to be paid 
 as usual, per Quarter, from the Government Treasury. 
 And the Landdrosts of Graaff-Reinet, Uitenhage, and 
 Tulbagh, showing that, from the date of their appoint- 
 ment, to ultimo December 1804, they shall have received 
 from the Vendue Salary less than the amount of their 
 above fixed Salary, the deficiency shall be made good 
 to them. 
 
 11. The Landdrosts shall continue to retain their 
 free lodging, the use of the gardens, lands, or cattle 
 places, already attached, or hereafter to be attached to 
 each Drostdy, by order of the Governor in Council, 
 and independent of such fees for attendance, as they 
 have hitherto legally enjoyed.
 
 46 
 
 12. The Landdrost of Stellenbosch, in consideration 
 of the greater number of extraordinary expenses which 
 he is obliged officially to incur, owing to the proximity 
 of the Capital, shall receive annually, in addition to his 
 fixed salary, Five Hundred Rix-dollars, also to be paid 
 quarterly. There shall also be at his disposal, in the 
 District Treasury, Three Hundred Rix-dollars, as a 
 Compensation, being the interest of the capital for which 
 a certain Place, formerly enjoyed by the Landdrost, was 
 sold, and which capital has been paid into the said 
 Treasury, in consideration however of his obtaining 
 this compensation, he shall not be entitled to any other 
 Land than what is at this time attached to the Drostdy. 
 
 13. The Landdrosts shall not receive any other fines, 
 on account of their judicial capacity, either wholly or in 
 part, than such as are fixed and determined by Law, or 
 are by Sentence awarded to them ; all other fines, 
 amounting to Fifty Rix-dollars and less, half thereof 
 shall go to the Poor, one quarter to the Under-Sheriff, 
 and the other quarter to the Officers of Justice belonging 
 to the District. All fines amounting to Fifty jRiz- 
 dollarsand upwards, after Twenty-Jive Rix-dollars having 
 been deducted for the Under-Sheriff and Officers of 
 Justice, to be divided into two equal portions between 
 them, the remainder shall be paid into the District 
 Treasury. 
 
 14. The Secretaries of theCuntry Districts shall, in 
 their respective Districts, act as Vendue-Masters, and 
 receive on the proceeds of the sales of all immoveable 
 property, one. half per cent., and on the proceeds of move- 
 able property, two per cent., provided they take on their 
 own responsibility all costs and damages, besides giving 
 security to the amount of Ten Thousand Rix-dollars, 
 for the benefit of such who may become sufferers by 
 tbeir administration. 
 
 J5. They shall receive, in addition to the above, and
 
 47 
 
 of free lodging, an annual Salary of Two Hundred Rix~ 
 dollars, and retain all Fees, as well those arising from 
 Notarial Acts as those from attendance and others, such 
 as havo hitherto been legally received by them: under 
 this proviso, that when the average of their income, of 
 three successive years, beginning vvith primo January of 
 this present year, and afterwards from the day of their 
 appointment, shall amount to less than Fifteen Hundred 
 Rix-dollars per annum, the deficiency will be made good 
 from the Government Treasury. And when, according 
 to the same average, the maximum shall exceed the fixed 
 Salary appointed for the Landdrost, the excess shalf be 
 paid into the Government Treasury. For this purpose 
 the Secretary shall, on the last day of December of 
 every year, send in, in writing, and on oath, to the Go- 
 vernor and Council, the state and amount of the General 
 Receipts ; from these states the Audit Office shall, at 
 the end of every third year, make out how much each 
 Secretary shall have received, either more or less. 
 
 16. The fixed Salary of the Secretaries of Stellen- 
 bosch and Uitenha^e shall commence from the 1st of 
 January of the present year ; and in case the Landdrosts 
 of those Districts should prefer to receive the Vendue 
 Salaries from that period, instead of their fixed Salary, 
 then to each of these Secretaries shall be paid, in lieu 
 thereof, whatsoever the Governor and Council shall (in 
 proportion to the allowed half and two per cent, after 
 the expenses be deducted) think to be right. 
 
 17. The same shall take place respecting the Secre- 
 taries of Swellendam, Graaff-Reinet, and TulLagh: 
 But whereas these have been appointed previous to the 
 1st of January of this present year, and that their Sala- 
 ries have not yet been determined upon, each of them 
 shall receive, from the date of their respective appoint- 
 ments to the end of December 1804, the sum of Eighty 
 Rix-dollars per Month.
 
 48 
 
 IS. From the day of the promulgation of these pre- 
 sents, the Secretaries of the Country Districts shall be 
 authorised to act as Ven due-Masters in their respective 
 Districts, after having previously given the security re- 
 quired by Art. 14, to the Landdrosts of their Districts, 
 of which the Landdrosts shall form duplicate Acts, one 
 to remain in the Office of Landdrost and Heemraden, the 
 other to be deposited in the Audit Office. 
 
 19. The Country Districts shall be administered by 
 the Board of Landdrost and Heemraden, according to 
 thefolowing Instructions t 
 
 Instructions for the Landdrosts of the several 
 Districts. C 1 ) 
 
 20. The Landdrost of each Country District receives 
 his appointment immediately from the Governor and 
 General in Chief. 
 
 21. The Landdrost represents the Government in all 
 matters resulting from the nature of his Office, from 
 these present Instructions, or from such special orders 
 as he may receive from the Governor and General in 
 Chief, or from the Governor and Council of Polity. 
 
 22. He maintains the Authority of the Batavian 
 Government, and is watchful that on no pretence what- 
 soever the same be infringed. 
 
 23. The protection of all Persons, Property, and 
 Possessions, and the welfare and prosperity of the 
 District committed to his administration, must be his 
 chief aim ; and to promote these by direction, instruc- 
 tion, and in particular by example, should be his con- 
 stant endeavour. 
 
 24. To do this most effectually, his first object 
 should be to get intimately acquainted with every Per- 
 son residing in his District, their names, habits, mutual 
 
 (') Vide Ordinance No, T7, 1830.
 
 49 
 
 relations ; also their Lands, and the nature of the pro- 
 duce these ^ield. 
 
 25. He must pay particular attention to the educa- 
 tion of the Children, and facilitate the means of it to 
 every family ; he must encourage the youth to industry 
 by treating the industrious and laborious Farmers with 
 due distinction representing to them agricultural pur- 
 suits, as being particularly honorable to the Individual, 
 and highly beneficial to the Colony. 
 
 26. The Aborigines race of this Colony the Hot- 
 tentots must be considered and treated as free People, 
 who have a legal right of residence in the Colony, and 
 who must therefore, the same as all other free People, 
 be protected in their persons, property, and possessions. 
 
 27. The civilization of the Hottentots constitutes also 
 one of the objects of the Landdrost's care, he should 
 make it one of the means whereby to promote their 
 happiness, and direct it to the general advantage of 
 the Colony. 
 
 28. The different Tribes on the Frontier of the Colony, 
 should always be so dealt with that they can never 
 have any just cause for aggression against the persons, 
 property, or possessions of the Inhabitants ; and when 
 it shall be necessary to repel force by force, then the 
 Landdrost must take care that no excess be committed. 
 
 29. In no case, except when unavoidably and with- 
 out delay, measures of defence must be resorted to 
 against Gaffers, Bosjesmans, or other Indigenous 
 Tribes ; and when each individual may be called upon 
 to defend himself and his property ; in no other in- 
 stances but such as these, shall any violence be used 
 towards these People ; nor in any other way than by 
 Commandos, called out by order of the Landdrost, to 
 do which, in all cases not permitting the delay of 
 awaiting the commands of Government, he is hereby 
 authorised ; and then the Landdrost shall exclusively
 
 direct the measures, which, according to circumstan- 
 ces, he shall deem expedient. 
 
 30. In order to preserve peace with the Indigenous 
 belonging to a regular Chief, should any one or more 
 of them molest the person or property of any of the 
 Inhabitants, and the Landdrost having complained of 
 the same to such Chief, and required satisfaction, and 
 the Chief refusing to attend to it, then the Government, 
 on the representation of the Landdrost, will take such 
 measures as the interests of the Colony shall require. 
 
 31. In order to prevent, as much as possible, all 
 cause of dispute with the Indigenous, no Inhabitant 
 whomsoever shall, for whatsoever cause it may be, go 
 beyond the limits of this Colony, without having ob- 
 tained a special written permission from the Governor 
 and General in Chief, which permission must be re- 
 gistered at the Landdrost's Office of such District on 
 which the Indigenous (such Inhabitant is going to) 
 border, previous to his passing the Frontier. Those 
 Inhabitants who shall act to the contrary hereof, will 
 be prosecuted according to Law, by the Landdrost, 
 the limits of whose District they shall have so passed. 
 
 32. The Landdrost acting upon the principle that 
 this Colony must derive its prosperity from the quantity 
 and quality of its produce, will endeavour, as much as 
 possible, to impress the importance thereof on the 
 minds of the Inhabitants of his District, and use every 
 exertion to promote it. 
 
 33. The improvement of the different breeds of Cattle 
 is intimately connected with the welfare of the Inhabi- 
 tants, to which, therefore, the Landdrost will pay par- 
 ticular attention ; and encourage the forming of artificial 
 pastures, cattle stalls for the winter, and whatsoever 
 else can tend to forward this object, 
 
 34. The Landdrost must, for this purpose, endea- 
 vour to be well acquainted with every particular tract of
 
 51 
 
 land in his District, so as to know for what particular 
 description of Stock each place is best calculated, and 
 what management is, according to each situation, best 
 adapted for it ; by these means he will enable himself, 
 to inform and direct the Inhabitants. Every one who 
 attends to the improvement of his stock, promotes the 
 general welfare of the community, and thence neces- 
 sarily also his own and by thus being a deserving sub- 
 ject, contributing to the welfare of his Country, he 
 will, as such, always experience, on the part of the 
 Landdrost of his District, every encouragement, coun- 
 sel, and support. 
 
 35. The Landdrost is most particularly enjoined to 
 encourage, by every means, the exchange of the native 
 Cape Sheep for those that give wool. The ancient re 
 cords of the Colony shew, that for more than a century 
 past several promising experiments to that effect have 
 been made, and, that the want of proper direction alone 
 is the cause that the Colony remains to this day de- 
 prived of that inexhaustible source of prosperity; any 
 further neglect in this particular must therefore be fol- 
 lowed by injurious consequences. 
 
 36. The Landdrost should also make himself fully 
 acquainted with the Lands intended for cultivation ; 
 and ascertain for what sort of cultivation each place 
 within his District is best suited, and what descrip- 
 tion of produce will best answer upon it, qualifying 
 himself thereby to point out to every one what method 
 may be most beneficial for him to pursue. 
 
 37. Independent of the cultivation of Grain, the 
 Landdrost will encourage the Inhabitants to cultivate 
 all such articles of food calculated to save the consump- 
 tion of Grain ; and such others as may become articles 
 of export ; among the latter the culture of the Vine 
 must be more particularly considered. 
 
 38. The planting of Timber, and the preservation of
 
 52 
 
 the present Forests, should also be encouraged, as it 
 becomes daily more wanted, both for building and for 
 fuel. 
 
 39. The Landdrost is to pay particular attention to 
 the manner of cultivating the Land. He will endea- 
 vour, as much by his own application as by conversing 
 with experienced people in his District, to become ac- 
 quainted with the nature and use of all the Agricultu- 
 ral Implements ; and on finding in what manner the 
 same may be improved, either by simplifying them, 
 making them more convenient, or more useful, he will 
 submit his observations to the Commission of Agricul- 
 ture, who will apply them to the general use of the 
 Inhabitants. 
 
 40. The Landdrost will take notice in general, that 
 in proportion as the population increases, so also in- 
 creases the necessity of confining all Places to their 
 prescribed limits, and to take care that every possible 
 advantage is derived from all such Lands as still re- 
 main at the disposal of the Government ; and that con- 
 sequently the greatest care and regularity is to be 
 observed, as much in the granting, as in the cultivation 
 of the Land. 
 
 41. To examine therefore the Grants of Places and 
 Erven, either in Freehold or in Loan, is what the Land- 
 drost must rank among his important duties ; and, in 
 conjunction with the Heemraden, leave no means 
 neglected whereby strictly to obey the resolutions of 
 the Governor and Council of the 29th of February 1804, 
 and 15th May 1805, which must be considered as if 
 here inserted. 
 
 42. The Landdrost must keep an exact record of all 
 Places and Erven in his District, particularly expres- 
 sing their names, situation, and the names of the 
 Proprietors and Occupiers. And in order to prevent 
 confusion and misunderstanding, each Place and Erf
 
 53 
 
 must have its number, in each District, beginning from 
 No. 1 ; observing as much as possible to make these 
 numbers correspond with the local situation of the 
 Places, &c. according to the direction of Rivers, Chains 
 of Mountains, &c. : in such a manner, however, that 
 the Places belonging to one and the same Field-Cor- 
 netcy be as little separated as can be helped. The 
 numbers and folios which these Places have had pre- 
 vious to the forming of the new Books, shall be noted 
 on the margin, opposite to each name. , 
 
 43. Of these Books or Ledgers, the Landdrost of 
 each District shall, at the latest by the end of the pre- 
 sent year, transmit two neat copies to the Governor 
 and Council, of which one shall remain in the Colonial 
 Office, and the other be transmitted to the Receiver of 
 Land Revenue, for the purpose that lie may follow the 
 same order in forming his Books of the several Districts, 
 and thence be enabled, without any trouble, to cor- 
 respond with the respective Landdrosts on their contents. 
 
 44. The Receiver of Land Revenue being directed by 
 his Instructions to correct and explain all irregularities 
 and misconceptions now existing, or such as may here- 
 after exist, with respect to Loan Places and other Lands, 
 all Landdrosts are required, at the .requisition of the 
 said Receiver, to give him, in the most expeditious 
 manner, every information and explanation he may 
 stand in need of. 
 
 45. The payments of the yearly recognitions for 
 Lands, by whatsoever tenure they may be held, can be 
 made by the several Occupiers, either to the Receiver 
 aforesaid, at Cape Town, or to the Landdrost of the 
 District, who in that case shall first 
 
 a) Immediately write off the amount of the Receipt 
 
 on his Books. 
 
 b) Give a Receipt to the Payer, clearly expressing 
 
 therein the Person of whom, the name and situ- 
 F 2
 
 54 
 
 ation of the Land wherefore the recognition has 
 been received, and the exact period up to which 
 the payment is made. 
 
 c) Twice in every year, at the latest before the mid- 
 dle of January and July, to send to the Receiver 
 specific lists of the Persons from whom, and of 
 the names of the Lands for which, the recog- 
 nitions have been received, adding the pages of 
 the Books, and the number of the Place to which 
 they refer. 
 
 46. In like manner the Receiver will send twice in 
 every year at the same periods, viz : before the middle 
 of January and of July, to each Landdrost a specific 
 list, as directed in the preceding Article; according to 
 which list the Landdrost credits on his Books the Ac- 
 count of every Person having paid, and those who shall 
 then be found to be in arrear, shall be called upon for 
 the payment thereof. 
 
 47. The Receiver shall moreover, annually, after 
 having closed his Books, send in to the Governor and 
 Council specific lists, distinguishing each District, and 
 stating all such persons who, in the preceding year, 
 have remained in arrear ; which lists, after having been 
 examined by the Auditor, and having been found cor- 
 rect, will be sent by Government to the several Land- 
 drosts, who each in their respective Districts shall 
 compare the same with his Books, and such Persons 
 who shall then be found to be in arrears, shall by them be 
 summoned to pay up such arrears ; and at the latest, 
 before the end of June report to the Governor and 
 Council such Persons who shall not have made good their 
 payments, stating at the same time, what means have 
 been used by them to enforce the payments, when 
 the Governor and Council will direct the necessary 
 steps to be taken, in order to compel these unwilling, 
 or neglecting, Persons to make good their payments.
 
 55 
 
 The Landdrost shall be responsible for all such arrears 
 of recognitions, for the payment of which he shall not 
 prove, to the satisfaction of the Governor and Council, 
 to have used the necessary means. 
 
 48. The Landdrost shall remit twice in every year, 
 together with the aforesaid lists, viz. before the middle 
 of January and of July, to the Receiver of Land Re- 
 venue, the full amount of the Recognitions collected 
 by him, together with the Stamps, &c. ; and the Re- 
 ceiver shall then enter into his Books all such Receipts 
 for Recognitions and Stamps, and pay over to each 
 Landdrost, without any deduction, in proportion to 
 the amount so collected, whatsoever would otherwise 
 by the Resolution of the Governor and Council of the 
 5th of June last, on account of such Receipts, have 
 justly accrued to him. 
 
 49. In case of any Vessel stranding on the Coast, 
 the Landdrost of the District where such takes place, 
 shall immediately report to the Governor and General 
 in Chief, and as speedily as possible repair personally 
 to the spot, and forthwith direct the necessary mea- 
 sures for rescuing the people on board, securing the 
 property, and preserving order ; while he shall have 
 the right of calling on every one whomsoever it may 
 be, and without distinction, to assist him in the same. 
 The Landdrost shall take account of all expenses 
 thereby incurred, and transmit the particulars to the 
 Governor and Council, who will, according to circum- 
 stances, determine as to the payment thereof. 
 
 50. The Landdrost shall be authorised in those 
 cases, without any consideration, to order such per- 
 sons as shall have been guilty of plundering, to be 
 apprehended and sent up to Cape Town, in order to 
 be tried before the Court of Justice, according to the 
 Law of the 20th June, 1793. And in case such offen- 
 der or offenders should be taken in the fact, and the
 
 66 
 
 place where the offence is committed be not farther 
 than one day's journey from Cape Town, it shall be 
 sufficient for the Landdrost to transmit a deposition ot 
 the facts to the Court of Justice, who, if they think 
 it advisable, have the power to appoint a Commission 
 from among them, in order, de piano, and without any 
 other form of process, to do justice on the spot, and 
 to order the execution of their Sentence. 
 
 61. Should a Vessel, not having a special Licence 
 to navigate on the Coast of this Colony, enter any of 
 the Bays, the Landdrost shall not permit any part of 
 the cargo of such Vessel to be landed, till after a per- 
 mission from the Custom- House, with the knowledge of 
 the Attorney-General, shall have been obtained to that 
 effect. 
 
 52. Should, however, any Vessel be forced by stress 
 of weather to enter, disabled, any Bay, and be reduced 
 to such a state, that to await the permission mentioned 
 in the preceding Article, might endanger either ship 
 or cargo, in that case the landing of the cargo shall 
 be forthwith permitted ; but care must be taken that 
 under this pretence no contraband goods be brought 
 on shore, or the revenue injured. 
 
 53. The Landdrost of Stellenbosch is particularly 
 directed not to permit any Boat or other Vessel in False 
 Bay, whether belonging to any of the inhabitants or 
 to the shipping in the Bay, to sail to the opposite side 
 of Hottentots Holland, nor to any other part of the 
 Coast of his District, except under a special Licence 
 from the Custom-House, on pain of confiscation of such 
 Boat or Vessel, and of all the goods laden therein ; or 
 in case of the landing and removal of such goods 
 having taken place, on fine of three times the value of 
 the same. 
 
 54. All Landdrosts in their respective Districts, shall 
 have the direction of all Prosecutions for Crimes com-
 
 , 57 
 
 mitted in their Districts, to bring the same before the 
 Court of Justice, in Cape Town, there to prosecute 
 them according to the Laws of this Colony, and accor- 
 ding to the Ordinances on the Mode of Proceeding, 
 dated 9th July 1570 ; or according to such other mode 
 as the Governor and Council shall hereafter direct. 
 
 55. He shall keep a Diary of all occurrences in his 
 District, and whatsoever may take place of any con- 
 sequence, whether in the Country, along the Coast, 
 or were it even beyond his District, he shall immedi- 
 ately communicate to the Governor and General in 
 Chief. 
 
 56. In like manner all Criminal Cases occurring 
 within his District, the Landdrost shall forthwith re- 
 port in writing, not merely to the Governor and Gene- 
 ral in Chief, but also to the President of the Court of 
 Justice, and to the Attorney General, as both these 
 must always immediately be made acquainted with all 
 Crimes committed in any part of the Colony. 
 
 57. He shall conduct all prosecutions which the 
 Board of Landdrost and Heemraden may find necessary 
 to institute, whether on account of the District Trea- 
 sury or otherwise ; as also defend any suit that may 
 be instituted against them. In extraordinary cases, 
 however, the Landdrost shall not institute any suit, 
 whether on account of the District Treasury or other- 
 wise, without being expressly authorised to do so by 
 the Governor and Council of Polity. 
 
 58. In order to carry on his ex officio prosecutions 
 in Cape Town, whether Civil or Criminal, he shall be 
 allowed to appoint an Agent, though not at the public 
 expence, provided that the Agent he so appoints, be 
 one of the Advocates practising in the Court of Jus- 
 tice ; or in case of his- selecting any other Person, to 
 submit the same for the approbation of the Governor 
 and Council of Polity.
 
 58 
 
 59. He can on his own authority take preparatory 
 examinations, and inquests ; but he is to do so in the 
 presence of Heemraden, or a Committee of the same, 
 in presence of whom he can also examine witnesses, 
 it being understood, however, that he shall not summon 
 any witnesses who reside in other Districts, without 
 being previously authorised to do so by the Court of 
 Justice. 
 
 60. When on the ground of these preparatory ex- 
 aminations he shall see cause for further proceedings, 
 he shall exhibit the said examinations to the Court of 
 Justice, together with a detailed species facti, and a 
 summary definition of the crime ; praying at the same 
 time for such a Decree of the Court, whether for appre- 
 hension or of summons in person, against the Person 
 suspected, as the nature of the case shall appear to 
 him to require. 
 
 61. Without such a Decree of the Court, he shall 
 not summon any one in person, much less order any 
 one to be apprehended, on pain of nullity and compen- 
 sation of all costs thereby incurred, and such further 
 correction as the Court shall j udge necessary. 
 
 62. When, however, he shall conscientiously be 
 convinced of their being periculum in mora, and that 
 by the previous asking for a Decree the ends of justice 
 mifht be frustrated, he shall than be authorised to 
 
 O * 
 
 arrest the suspected Person, and to keep him in cus- 
 tody ; which latter he is always obliged to do when a 
 delinquent shall be taken in flagranti ; provided al- 
 ways, that in both cases the crime for which he causes 
 the arrest would subject the individual to corporal pu- 
 nishment that is, a heavier punishment than banish- 
 ment, and that he report the same forthwith to the 
 Court of Justice, and pray for the necessary Decree. 
 
 63. Independent of the foregoing instances, the 
 Landdrost shall be authorised to detain and keep in
 
 59 
 
 custody, without the previous knowledge of the Go- 
 vernor for the time being, or of the Court of Justice, 
 all such Persons who have no fixed place of residence 
 in the Colony, or are not legally authorised to reside 
 therein, and who, without the permission of the Go- 
 vernor or of the Attorney General, wander as vaga- 
 bonds in his District, also all Deserters without excep- 
 tion. The Landdrost shall, however, without any 
 delay, report in writing, the circumstances of such 
 arrests to the Governor and General in Chief, and to 
 the Attorney General. 
 
 64 In cases punishable by fines only, the Landdrost 
 shall not apply for leave to arrest, or to summon in 
 person, but he shall proceed without any previous 
 Decree in the manner now customary, or as shall 
 hereafter be directed. 
 
 65. He shall as expeditiously as possible, order all 
 such Prisoners as are to be tried before the Court of 
 Justice, to be transported under safe custody to Cape 
 Town, and report the same to the said Court of Justice 
 and to the Attorney General ; and at the same time 
 transmit to his Agent, in forma probanti, all the evi- 
 dence collected by him, as well of the corpus delicti as 
 of the collateral circumstances relative to the case, 
 and of all such further particulars as may be necessary 
 to be known ; so that without further delay he shall be 
 able to proceed on behalf of the Landdrost as justice 
 shall require. 
 
 66. In cases in which Summonses in Person shall 
 have been granted to the Landdrost, as also in ordinary 
 Summonses, he shall cause the same to be served on 
 the Persons so summoned, by the Messenger of the 
 District ; and at the same time fix the day of trial, at 
 such a period, that while, on the one hand, no delay 
 takes place detrimental to the ends of justice, on the 
 other, the Persons summoned shall have no just cause
 
 to complain, that sufficient time was not allowed to 
 them for their being, on the day appointed, in Cape 
 Town ; in which latter case, the costs attendant on the 
 serving of the summons must fall upon the Landdrost. 
 
 67. The Landdrost shall submit to all the Orders of 
 the Court of Justice, and in particular when he shall 
 be directed by the same to institute a Suit, or join 
 in Proceedings with others ; but on informations re- 
 ceived by, or complaints made to him, from any other 
 quarter, requiring or persuading him so to act, he 
 shall not bring any Action, or desist from doing so, 
 contrary to his own conviction. 
 
 68. As long as the use of Slaves in the Colony shall 
 not be abandoned, the Landdrost shall consider it 
 amongst his most sacred duties, to watch for the pro- 
 tection of those unfortunate beings. The Government 
 can never tolerate that the title of Property in Human 
 Beings should ever have a tendency towards mal- 
 treating them, and therefore most decidedly expect, 
 that all constituted Authorities and Civil Servants will, 
 by their own example, accustom their fellow Inha- 
 bitants to consider and to treat their Slaves as their 
 fellow Creatures ; and not suffer that ever any cruelty 
 be practised towards them. And the respective Land- 
 drosts are enjoined, in the strongest manner, to attend 
 to whatsoever can promote the civilization of those 
 people ; arid by having moral principles instilled into 
 them, .to render them useful members of society. 
 
 69. When, however, the Owner of a Slave should 
 make complaints against him, the Landdrost can, if, on 
 having examined the case, he shall find the complaint to 
 be well founded, cause the necessary punishment to be 
 inflicted on the offending Slave, either by temporary 
 imprisonment, not exceeding the period of six months, 
 by corporal punishment, or by putting irons on his legs 
 for a certain determined time. But when it shall ap-
 
 61 
 
 pear, that such a Slave has not merely been guilty of 
 some trifling domestic misbehaviour, or similai offence, 
 but that he has committed a crime punishable by Law, 
 the Landdrost shall then bring the case to the cog- 
 nizance of the Court of Justice, and proceed as in other 
 Criminal cases it is customary to do; with the ex- 
 ception, however, that with respect to Slaves, no 
 previous Decree of the Court is required. 
 
 70. If, however, on the contrary, a Slave should 
 make complaints against his Owner, of any maltreat- 
 ment, the Landdrost shall first place the complaining 
 Slave in safe custody and then minutely examine the 
 nature of the case, in order that on finding the com- 
 plaint well founded, he may proceed in the case before 
 the Court of Justice ; but if, on the contrary, the 
 complaint should prove to be either frivolous or false, 
 then the Landdrost shall consult with the Owner, in 
 order to have such Slave punished in the manner afore- 
 said. 
 
 7 1 . The Landdrost shall not be allowed, on his own 
 authority, to compound any offence of whatsoever 
 nature, except in minor cases, on which the Law has 
 affixed only the penalty of some small fine, though 
 never for any sum exceeding Fifty Rix-dollars, the 
 distribution of which, if not particularly prescribed by 
 Law, shall be directed according to the 13th Art. of 
 these Instructions. 
 
 In graver cases the Landdrost can compound 
 only with the consent of the Court of Justice, and in 
 presence of a Commission of the Court, after the Court, 
 n a Petition of the offending party, and report thereon 
 the Landdrost, shall have declared the case to admit 
 of such adjustment. 
 
 73. The Landdrost shall receive, keep, and ad- 
 minister all fines, and transmit every three months an 
 account thereof, as also of the several other judicial 
 
 a
 
 62 
 
 expenditures, to the Court of Justice ; which account 
 being examined by the Court, shall be sent to the Go- 
 vernor and Council, in order that the amount thereof 
 may be disposed of as the nature of the several items 
 shall require. 
 
 74. In this account shall, however, not be charged 
 any of the expenses hitherto defrayed from the District 
 Treasury, and which must be carried (o their annual 
 account ; the nature of which account, as also what- 
 soever further relates to the financial administration, i& 
 to be found in the Instructions for Landdiost and Heem- 
 raden. 
 
 75. Whenever a defendant, against whom the Land- 
 drost shall have R. O. proceeded, shall be condemned 
 in the costs, the Laiiddrost shall be allowed to charge 
 double salary, at the cost of the condemned, and at 
 the taxation and discretion of the Court of Justice ; 
 but when the costs are allowed to the defendant, then 
 
 "fie shall not charge any salary, but neither shall he be 
 obliged to pay any part of the j udicial or other expenses , 
 
 76. When the Landdrost R. O. shall seize any live 
 or other perishable goods, or of which the value might 
 be absorbed by the expenses attending the detention, 
 he shall cause the same, with the authority of the 
 Court of Justice, to be publicly sold and converted 
 into money, but, if the time tequi ed to receive such 
 authority would occasion too much delay, then shall 
 the Landdrost, in concert with the Heemraden, with 
 the approbation of the Court of Justice, proceed 
 as stated ; and the proceeds thereof, the Landdrost shall 
 keep in his custody, instead of the goods first seized, 
 until they shall have been judicially disposed of. 
 
 77. The Landdrost shall not on his own authority, 
 reveal any secret respecting his Office to any person 
 whomsoever, except to his superiors ; nor even after the 
 closing of any business communicate to any one any
 
 63 
 
 circumstance, which in the course of examinations may 
 have transpired relating to any particular individual, 
 beyond what in the exercise of his duty may be re- 
 quired. 
 
 78. The Landdrost shall keep up a regular corres- 
 pondence with the Attorney-General ; and independent 
 of the information to be given to him, as expressed in 
 the 56th and 63d Articles, furnishing him with all such 
 further statements as he may in his official capacity 
 require ; and on the other hand, the Attorney-General 
 will communicate to the respective Landdrosts all such 
 information as in officio may be necessary to them. 
 
 79. The Landdrosts shall also in furtherance of every 
 object of Polity and Justice, mutually correspond 
 with each other, and give to each other every assistance 
 that can tend to promote the interests of their respec- 
 tive Districts ; principally as regards the pursuit of 
 deserters, vagabonds, &c. who pass from one District 
 into another; and in all other matters requiring vigilance 
 and dispatch, the Landdrosts are severally enjoined to 
 be proportionably active. 
 
 80. When a person accused criminally, shall petition 
 the Court of Justice to be admitted in submission, the 
 Landdrost shall be allowed, when he considers the 
 crime charged not to be of a nature absolutely de- 
 manding corporal punishment, (that is, on the scaffold,) 
 to submit himself also as Prosecutor to the discretion 
 of the Court. 
 
 81. In cases when the Landdrost shall consider to 
 have cause to excuse himself in officio, from such or 
 other cause, he is to acquaint the Court of Justice 
 therewith, who will examine the merits of it, and de- 
 cide accordingly. The reasons set forth by the Land- 
 drost beinf admitted, he shall address himself to the 
 
 O * 
 
 Governor for the time being, requesting him to appoint 
 such a Person as he shall consider qualified to act in 
 such particular case.
 
 64 
 
 82. If the Landdrost should have any well-grounded 
 reasons for suspecting some individual, either an inha- 
 bitant or a stranger, of being dangerous to the public 
 tranquillity or welfare, yet without having cause suffi- 
 cient to proceed against him, he shall then inform 
 the Governor and General in Chief thereof, and sub- 
 mit to him the grounds of the suspicion, so as to enable 
 him to direct such measures, respecting it, as he shall 
 consider the public interest to require. 
 
 83. Whereas the Landdrost may at times suspect, or 
 be informed, that some individual, either through in- 
 advertence, ignorance, or at the instigation of others, 
 should have been induced to commit some crime, mis- 
 demeanor, or transgressions of the Laws, he is autho- 
 rised, and it shall be his duty, to summon such person 
 or persons before him, and in private, without any other 
 person knowing it, caution them against the disgrace 
 or damage that may ensue therefrom, and endeavour 
 to persuade them to desist from such practices ; on 
 account of which interference, no suspicion of intended 
 offence shall attach to the Landdrost ; nor shall it be 
 considered as affecting the honor or reputation of any 
 individual, should the Landdrost's information prove 
 unfounded. 
 
 84. The Board of Landdrost and Heemraden shall 
 meet regularly at Stcllenbosch and Tulbagh, on the 
 first Monday in every Month ; and at Swellendam, 
 Graaff-Reinet, and Uitenhage, on the first Monday in 
 every Quarter. When the Landdrost shall preside, in 
 order, according: to the directions contained in the fol- 
 
 * O 
 
 lowing Instructions for those Boards, to consider arid 
 determine on what relates to the interest of the District 
 its tranquility and welfare as also judicially to close 
 all matters of which the judicial proceedings devolve 
 on the Board of Landdrost and Heemraden. 
 
 85. The Landdrost shall be obliged to communicate 
 to every Member of the Board of Landdrost and Heem-
 
 65 
 
 raden, in case any one of them should require it, pre- 
 vious to the meeting of the Board, all such proposals 
 as he, the Landdrost means to bring forward. 
 
 86. The Landdrost shall have, as Assistants to his 
 Office, a Messenger, an Under-Sheriff, and six mounted 
 Orderlies, paid by the Government, and appointed by 
 the same, at the recommendation of the Landdrost ; he 
 can moreover engage six Police Officers, such as have 
 hitherto been known by the name of Gaffers. 
 
 87. The said Messenger, Under-Sheriff, Orderlies, 
 and Police Officers, shall execute whatever orders the 
 Landdrost shall, by virtue of his Office, give to them. 
 The Landdro^t shall keep them to the exact performance 
 of their duty, and take care that they conduct them- 
 selves respectfully towards the Heemraden and the Sec- 
 retary, and cause no inconvenience to any of the Inha- 
 bitants. 
 
 88. The Under-Sheriff is, under the orders and direc- 
 tions of the Landdrost, the Overseer of the Prisons, 
 and has the custody of the Prisoners, in his District, 
 he is answerable for their save custody and mainte- 
 nance. The Landdrost shall also take notice that the 
 Prisoners are kept clean, and that no other severity be 
 used than what is required for the safe custody of the 
 Prisoners. 
 
 89. When the Court of Justice, or the Attorney- 
 General, on account of summonses and other services 
 or the Orphan Chamber or the Chamber for Insolvent 
 Estates, in the execution of their respective administra- 
 tions, shall severally require any assistance on the part 
 of the Landdrost, he shall forthwith give it, or direct 
 his Field Cornets, Messenger, or other subordinates, 
 to execute whatsoever may be required. 
 
 90. The Landdrost shall not prosecute either the 
 Heemraden or the Secretary, for any offence committed 
 by them on account of their respective Offices, neither
 
 while they hold their situations, nor after having re- 
 signed them ; but should unexpectedly any such offen- 
 ces be committed by them, he shall then acquaint the 
 Attorney-General therewith, in order that he may act 
 as circumstances shall require. 
 
 91. The Landdrost shall diligently watch for the 
 undisturbed exercise of Public Worship of the different 
 Churches within his District, and by his own deport- 
 ment show due respect for the same, and encourage 
 by every means in his power, the regular attendance of 
 the several Inhabitants of his District. 
 
 92. With respect to the Missionaries, the Landdrosts 
 shall observe, in their respective Districts, the Procla- 
 mation of the 21st February 1805, and the Landdrost 
 of Stellenbosch, in particular, shall observe also what 
 is contained respecting it, in the letter of the Commis- 
 sary-General J. A. DE MIT, dated 22d of March 
 1804, addressed to the Landdrost and Heemraden of 
 that District, and the Copy of which was communi- 
 cated to the Governor and Council on the 9th of April 
 following ; both which are to be considered as if they 
 were here inserted. 
 
 93. The Landdrost shall take care that the Publica- 
 tions, and other Orders from Government, be, with the 
 most possible expedition, make known to the Inhabitants 
 of his Districts, as also the Sentences against such 
 individuals as have been prosecuted by him, so that 
 both a knowledge of the Laws, and of the nature and 
 execution of the punishment for transgressing them, 
 may be generally acquired, and rendered useful to the 
 encouragement of reverence for the Laws, and create a 
 fear to offend against them. 
 
 94. Annually, after the Heemraden shall have been 
 changed, the united Members of the JJoard shall agree 
 to nominate one among them, who, with the appro- 
 bation of the Governor and General in Chief, during the
 
 67 
 
 absence of the Landdrost, whether to Cape Town or to 
 any other distant place, is to act for him, assisted by 
 the Secretary, in the discharge of the daily duties of 
 his office. 
 
 95. In all extraordinary cases, which cannot, without 
 the Public suffering from it, be delayed until the Land 
 drost's return, the Acting 1 Landdrost shall not proceed 
 in the same, but with the advice of the Board, which 
 shall for that purpose be expressly convened. Should 
 the selection of an Acting: Landdrost not fall on the 
 
 o 
 
 Senior Heemraad, the Senior shall nevertheless preside, 
 and direct the deliberations of the Board, whether in its 
 ordinary or extraordinajy meetings, should such take 
 place during the absence of the Landdrost. 
 
 96. The Secretary shall, in these cases, be obliged, 
 ex ojficio, that is without waiting to be called upon, to 
 do so, to give to the Acting Landdrost, as also to the 
 Senior Heemraad, all such informations and elucidations 
 as shall be required in the regular course of business. 
 
 97. The Landdrost shall not, either himself, or by 
 means of his Wife and Children, or any one of his house- 
 hold, accept any Presents or Grants from any Person he 
 suspects to have been guilty of an offence, or who stands 
 accused thereof by others; nor from any of the Friends 
 or Relations of such Person ; nor from such persons who 
 expect a decision on the part of the Landdrost, or of 
 Landdrost and Heemraden, whether in their favour or 
 ag-ainst them however small such Presents or Grants 
 
 D 
 
 might be, not even of Eatables or Drinkables. And 
 should he suspect any such to have been received by 
 either his Wife or Children, or that even inconsiderately 
 he should receive such Presents, &c. from such Persons, 
 or that such were sent to him, he shall, on discovering 
 the same, immediately acquaint the Court of Justice 
 therewith, and pay the amount of the value of such Pre- 
 sents, &c. in such a manner as the Court shall think 
 proper.
 
 98. Previous to his entering upon the duties of his 
 Office, he shall take the following Oath, in presence of 
 the Governor and General in Chief: 
 
 Oath. "I do promise and swear to be faithful and 
 obedient to the Government of the Batavian Republic, 
 as the only legitimate Sovereign of this Colony, and to 
 the Council for the Asiatic Possessions and Establish- 
 ments, that I shall show all due respect, regard, and 
 obedience to the Batavian Government of the Cape of 
 Good Hope, that I shall execute the duties of my Office 
 as Landdrost of Stellenbosch and Drakenstein, faith- 
 fully and with all zeal and diligence; that as soon as 
 any offence, or suspicion of offence, shall be known to 
 me, which is within my cognizance, I shall, without 
 delay, endeavour to ascertain the truth thereof, and do 
 that which my Office requires ; and that I shall proceed 
 therein with all fairness, honesty, and inpartiality, 
 without regard to the Accused or his Friends, and 
 without distressing the Innocent ; that in order to 
 obtain my Office I have not given, offered, nor pro- 
 mised ought to any one, nor caused to be given, offered 
 or promised, nor will give, offer, or promise directly 
 or indirectly ; nor that such has been done by any one 
 on my behalf; and whenever I shall find that any thing 
 of the kind has been done, I shall immediately ac- 
 quaint the Governor and General in Chief therewith ; 
 and that I shall observe faithfully, and to the best of 
 my abilities, the Instructions already given and those 
 that may hereafter be given ; and further, that I shall 
 do whatsoever a good and faithful Landdrost is bound to 
 do. So truly help me God Almighty /" 
 
 e. The Board of Landdrost and Heemraden having beea 
 abolished by Ordinance No. 33 1827 the Instructions for them 
 have been omitted, as also these for the Secretaries of the Country 
 Districts.]
 
 69 
 
 Instructions for the Field-Cornets in the several Country 
 Districts. (*) 
 
 211. The extent of the Country Districts does not 
 admit of the Landdrost at all times executing his Ma- 
 gisterial Office in all parts of it. Yet circumstances 
 may daily occur, with respect to the persons and pro- 
 perty of the inhabitants, which repuire the immediate 
 interposition of a Magistrate. 
 
 212. In order to provide herein, every District shall 
 be subdivided in as many parts as, according to the po- 
 pulation, shall be thought expedient; wherefore it 
 must be observed, (hat the farthermost inhabitants of 
 each sub-division, do not live at a greater distance from 
 each other than six hours on horseback. In the more 
 populous Districts the distance may be so far reduced as 
 for the advantage of the inhabitants shall be thought 
 best. 
 
 213. In each of these sub-divisions, one of the In- 
 habitants shall, at the recommendation of the Land- 
 drost, be appointed Field-Cornet, by the Governor and 
 General in Chief, and shall execute such duties as by 
 these Instuctions are committed to him. 
 
 214. The Field-Cornets must be of good character 
 and reputation ; they must have attained the age of 
 twenty-five years, and have resided at least during two 
 years in those parts where they are to be appointed, 
 and there possess either a Freehold Estate or a Loan 
 Place 
 
 215. In recommending to the appointment of Field- 
 Cornets, the Landdrost must endeavour, in as much as 
 these necessary requisites admit of it, to name such who 
 live at an equal distance from all or most of the other 
 Inhabitants in their neighbourhood. Where a given 
 
 (') Vide Instructions for Field-Cornets published in 1838. and 
 Ordinance No. 51837 : for appointing Assistant Field-Cornets.
 
 70 
 
 circumference is that of a diameter of four or less hours, 
 this need not to be so exactly observed. 
 
 216. The situation of Field-Cornet is in lispensable to 
 the internal administration; no one, therefore, ex'eept 
 those who through bodily ii.firmity, advar.ceil age, or 
 the like, cannot perform the duties of it, is allowed to 
 refuse doing so. 
 
 217. The same causes which justify the exemption 
 from filling this situation, authorise also the Acting 
 Field Cornets to solicit their being discharged Among 
 the lawful causes for such an application must, however 
 not be consi lered the appointment as Heemraad; the 
 situation of Field Cornet being" also honorable, and 
 consistent with that of Heenvaad. 
 
 218. Field Cornets, while they hold that situation, 
 shall be exonerated from paying the Capitation and Quota 
 Money ; as also the duties on Cattle anl Sheep. Besides 
 which they shall be allowe.l a Loan Place, free from 
 recognition ; and the weekly Gazette shall also be sent 
 to them gratis. The Field-Cornets who do not occupy 
 a Loan Place, will be entitled to receive annually 
 Twenty-five Rix dollars, from the Government Trea- 
 sury. 
 
 219. The Field-Cornets, who shall have held that 
 situation during Twenty-five Years, and have received 
 an honorable discharge, shall continue to enjoy the 
 advantages enumerated in the preceding Article, during- 
 the remainder of their life. 
 
 220. The Field-Cornets must each, in their respec- 
 tive Districts, be considered as subordinate Magistrates; 
 who, in the absence of the Landdrost, represent in his 
 name, the Government and must be therefore con- 
 sidered and respected as such. 
 
 221. On the other hand, Field Cornets must never 
 lose sight, that as Mngstiates, they can only have a 
 claim to the regard and respect of their fellow inhabitants,
 
 71 
 
 in so far as they treat them with propriety ; and as they, 
 by their own conduct, set the example of that which 
 they require of others. 
 
 222. The Field-Cornets must endeavour to obtain a 
 perfect knowledge of the Lands within their District, 
 and also to be acquainted not only with w hat the pro- 
 ductions of the soil on the different places in their District 
 actually are, but also what other productions the soil is 
 capable to yield. 
 
 223. They are also to take particular notice of the 
 conduct and deportment of the different Inhabitants of 
 their District, i;i ord.-r to be at all times prepared to re- 
 port thereon to the superior Magistrates, when required. 
 
 224. As soon ns a Field-Cornet is informed of any 
 dispute among- the Inhabitants, which miuht lead to 
 litigations or animosities, he must endeavour to reconcile 
 them, and to settle the matter in dispute amicably 
 between them 
 
 225. The Field-Cornets shall never suffer either friend- 
 ship or enmity, pleasure or displeasure, fear or favor, 
 to influence their official conduct. They would other- 
 wise render themselves unworthy of their situation ; they 
 would themselves become culpable; and in cases where 
 evil consequerises did result therefrom, they might be 
 found guilty of having violated their oath. 
 
 226 Should they find themselves placed within the 
 fourth or nearer degree of consanguinity with, or be 
 brother-in-law to a Person against whom they are called 
 to act ; should they be on terms of close intimacy, or 
 on the contrary, of enmity w ith the same, they shall in 
 such cases acquaint the Lnnddrost (herewith, in order 
 that some other Person may be appointed to perform 
 the duty required. 
 
 227. The Field-Cornets are obliged particularly to 
 watch for the maintenance of order and tranquillity in 
 their District, and not to suffer it to he disturbed by any 
 one.
 
 7* 
 
 228. AH Laws, Proclamations, Ordinances, or other 
 Instructions, expedited by, or on the part of, the Go- 
 vernment, for the use of the Country Districts, shall be 
 communicated to the respective Field-Cornets, in order, 
 by each of them in their respective Districts, to be 
 promulgated among the Inhabitants, by whom it is their 
 duty to see that they are punctually obeyed. The Field- 
 Cornets must endeavour, by example and expostulation 
 to piomote obedience to the same ; and they shall, with- 
 out delay, report to the Landdrost those who offend 
 against them. 
 
 229. Independent of the General Laws, Proclamations, 
 Ordinances, and other Instructions of the Government, 
 the Field-Cornets generally receive the necessary orders, 
 in the Cape Districts from the respective Landdrosts, or 
 from the Landdrosts and Heemraden, without prejudice 
 to what, by Article 5 of these Instructions, has been 
 reserved. 
 
 230. The Field-Cornets shall respect and obey, and 
 cause to be respected and obeyed, all Decrees and Man- 
 dates of the Court of Justice; and also with exactness 
 and speed, give all such information to the Attorney- 
 General as he may require in criminal cases. The last 
 part has no reference to the Cape District, within which 
 the Field-Cornets are at all times obliged to attend to 
 the requisitions made by the Attorney-General. 
 
 231. Every Field-Cornet must keep an exact Register 
 of all the Inhabitants of his District, above the age of 
 sixteen years. This Register is, in the first instance, to 
 be formed from personal examination ; and after that 
 every Youth on having attained the age of sixteen years, 
 shall be obliged immediately to report himself to the 
 Field-Cornet, in order to be entered upon the Register. 
 
 232. The Male population, in each District, shall be 
 divided into three Classes the first, from Sixty to Thirty, 
 the second, from Thirty to Forty-jive ; the third, from 
 Forty-jive to Sixty Years of age. This classification,
 
 73 
 
 the Field-Cornet must attend to in calling out Comman- 
 dos, and observe in each class to call for personal ser- 
 vice, first, upon single men, in preference to those who 
 are married, and on those who have no particular vaca- 
 tion or pursuit, in preference to those who have. Those 
 Persons who have attained the age of sixty years, are 
 exempt from all personal service, except in case of 
 extreme necessity. 
 
 233. From these registers the Field-Cornets of the 
 Cape District shall form and transmit to the Attorney- 
 General, in the month of October, a list of such Youths 
 in their respective Divisons, as shall have attained the 
 age of sixteen years ; the several other Field-Cornets 
 in the other Country Districts shall in their respective 
 Divisions do the same, and transmit their lists to their 
 Landdrosts, in order that these Youths may be entered 
 on the Quotization Rolls. 
 
 234. The Field-Cornets shall erase from their regis- 
 ters all such persons who have died wherefore, all 
 heads of families are obliged to report, or cause to be 
 reported, in writing, to the Field-Cornet of their Dis- 
 trict, within forty-eight hours, the death of any indivi- 
 dual who shall have died in his family above the age of 
 sixteen years, on pain of being fined Twenty-five Rix- 
 dollars. 
 
 235. Independent of the foregoing-, should any indi- 
 vidual meet with an untimely death, either by his own 
 hands, through violence committed on him by others, 
 or by accident ; in such cases the body shall not be 
 buried before the Field-Cornet of the District, or, if in 
 the vicinity of the Drostdy, the Landdrost, after having 
 taken a proper Inquest, shall permit the burial to take 
 place on pain of arbitrary correction according to cir- 
 cumstances. 
 
 236. No Corpse of Hottentots or of Slaves shall at 
 any time be buried, from whatsoever cause they may 
 
 H
 
 74 
 
 have died, without the permission of the Attorney-Ge- 
 neral, of the Landdrost, or of the Field-Cornet, ac- 
 cording to the local situation of the place where the death 
 may have occurred, shall first have been obtained : in 
 order that, if necessary, such Corpse may be inspected 
 on pain of a fine of Twenty-jive Rix-dollars, besides 
 the legal prosecution in case it should be found that 
 any violence had been committed on a body of such 
 Hottentot or Slave thus buried without the required 
 permission. 
 
 237. As soon as a Field-Cornet shall be informed of 
 any crime having been committed in his District, he is 
 immediately to report it to the Landdrost, and he shall 
 endeavour to obtain every information as to the parti- 
 culars that have attended it. 
 
 238. In case of Murder, Burglary, and other crimes, 
 of which traces are to be found, the Field-Cornet shall 
 immediately repair to the place where such crime has 
 been committed ; and when such place is at a greater 
 distance from the Drostdy than six hours, with a 
 horse waggon, the Field-Cornet shall in the presence 
 of two Witnesses, to be expressly summoned by him 
 for that purpose, minutely investigate and note down 
 every particular he can discover, and ascertain what 
 persons can be called upon as Witnesses in the case. 
 
 239. In examining the Corpse, the Field-Cornet as- 
 certains whether the death has been occasioned by 
 some external violence ; and if so, what are the marks 
 to be found on the body ; by what instrument inflicted ; 
 how long, after the injury received, the deceased has 
 still continued to live ; whether near the spot where the 
 crime has been committed, any thing is to be found, or 
 to be observed, that appears to have any connection 
 with the transaction. 
 
 240. If the person who has been wounded be still 
 alive when the inspection takes place, the Field-Cornet
 
 75 
 
 i 
 
 shall then, besides the inquiry as to the nature and 
 cause of the wounds, endeavour to learn from the per- 
 son wounded, the particulars of the case, and by whom 
 he has been wounded. At the inspection mentioned in 
 this, and the foregoing Article, the Field-Cornet shall 
 be attended by a Medical Man, if such can be found 
 in his District, who shall be obliged, in consideration 
 of the remuneration he receives for his attendance, as 
 specified by the 158th Article, to perform this service 
 without any opposition, on pain of arbitrary correction. 
 
 241. In the case of Burglary, or similar crimes, the 
 Field-Cornet shall examine minutely all the apparent 
 marks of violence, and endeavour to discover by what 
 instrument it has been effected. Should the Burglary be 
 attended with Theft, this is also to be minutely inquired 
 into. Tn all other cases the spirit of these instructions 
 is to be attended to. 
 
 242. Of all such inspections, the Field-Cornet is to 
 keep a written account, containing, as clearly as he 
 can state them, all the particulars that have occurred to 
 him ; which written account must be signed by himself 
 and the two Witnesses who have attended him, and be 
 forthwith transmitted to the Attorney General, or the 
 Landdrost, to be afterwards produced at the trial, as 
 being the Report of the Inquest. 
 
 243. When the place where the inspection is to take 
 place is at a shorter distance from the Drostdy than six 
 hours with a horse waggon, the Field-Cornet shall then 
 not take the inspection, but only take care that the 
 corpus delicti remains in the same state till the Judicial 
 Commission arrives, or that he receives a written order 
 from the Attorney General, or from the Landdrost, to 
 proceed with the inspection, when he shall act as be- 
 fore directed. This order does not prevent, however, 
 the dressing of wounds, or the performance of such 
 operations as would be dangerous to be delayed.
 
 76 
 
 244. Without a decree of the Court of Justice, or an 
 order from the Attorney General or Landdrost, respec- 
 tively, the Field -Cornet shall not arrest any one, 
 unless he should take any one in the act of committing 
 such a crime as is usually punished with death or cor- 
 poral punishment ; or if a person should surrender him- 
 self as having committed such a crime . Immediately 
 after the Field-Cornet shall have apprehended an 
 offender, he must send the prisoner either to Cape 
 Town or to the Drostdy, according to the situation of 
 his District. 
 
 245. From this regulation, are however excepted, all 
 Vagabonds and Strangers who are found in his District 
 without leave, and without being known either to him- 
 self or to the other Inhabitants ; Deserters, either of 
 the Army or Navy ; as also Hottentots and Slaves sus- 
 pected of having committed some crime. All such 
 persons the Field-Cornet is hereby authorised and 
 directed, without waiting for any further orders, to 
 take into custody, and to send either to Cape Town or 
 to the Drostdy of his District. 
 
 246. The Field-Cornet shall send the prisoners under 
 sufficient guard to the Field- Cornet next on the road, 
 who is bound to receive the prisoners, and in like man- 
 ner to forward them on, and so in succession until they 
 arrive at the place of their destination. 
 
 247. And in case that on the road by which the pri- 
 soners are to be conducted no other Field-Cornet resides, 
 then shall the Field-Cornet who has arrested the priso- 
 ners, or the one to whom they are delivered over, send 
 the prisoners on to the next Inhabitant, although not a 
 Field-Cornet, who shall, as also the other inhabitant 
 next in succession, be obliged to receive the prisoners 
 and forward them on, until they reach the place of their 
 destination, without any distinction, and whether such 
 Inhabitants residing along the road belong to such
 
 77 
 
 District and Field-Cornetcy or not. The Officers of 
 Justice, or such other to whom the prisoners are finally 
 to be delivered over, are to take particular notice that 
 this regulation has been strictly obeyed, 
 
 248. All Burghers and Inhabitants of this Colony 
 are at liberty, unless particularly forbidden, to change 
 their places of abode as frequently as they like, pro- 
 vided they acquaint the Landdrost and the Field-Cornet 
 of the District, where they take up their residence, there- 
 with. 
 
 249. On the other hand, no one, not being a Burgher, 
 nor having a Licence to reside in this Colony, shall es- 
 tablish himself in any of the Country Districts, either 
 as Schoolmaster, Tradesman, Servant, or under any 
 other denomination, without being provided with a 
 written permission from the Government, which he shall 
 be obliged to produce, not only to the Landdrost, but 
 also to the Field-Cornet of the District where he means 
 to reside* 
 
 250. When any one, not being a Burgher or Inha- 
 bitant, should keep himself in any of the Districts, 
 without having a written permission to that effect, as 
 also if any one should not have produced the permission 
 obtained by him, the Field-Cornet of such District shall 
 take such Person in custody, and send him to the 
 Attorney-General, or to the Landdrost, to act respect- 
 ing him, as circumstances may require. 
 
 251. And in order to prevent as much as possible all 
 irregularities in this case, no one shall be permitted to 
 harbour any Stranger who is not a Burgher or Inhabi- 
 tant, much less to take him into his service, unless 
 such Stranger be provided with a written permission 
 from the Government, the Attorney General, or from 
 the Landdrost of the District, on pain of fine of Fifty 
 Rix-dollars. 
 
 252. No Field-Cornet shall, on his own authority,
 
 78 
 
 summon the Inhabitants to meet armed, without spe- 
 cial orders from the Landdrost ; except, however, when 
 the Field -Cornet shall have received information, that 
 a number of Deserters, run-away Slaves, or other Va- 
 gabonds, are in his District, when he shall not only be 
 authorised, but obliged, immediately to call out the 
 necessary number of men, in order as soon as possible, 
 to follow and secure such persons. 
 
 253. In such case the Field-Cornet shall immediate- 
 ly report the same to the Landdrost of the District, 
 and acquaint also the next Field -Cornets with the par- 
 ticulars, who shall be obliged, whenever required, to 
 assist him with the armed men of their own Districts. 
 In the Cape District the Field-Cornets stand, till 
 further orders, in the same relation with respect to the 
 Attorney General, as in the other Districts they do 
 with respect to the Landdrosts of their respective 
 Districts. 
 
 254. The Field-Cornets shall report all extraordinary 
 occurrences not herein mentioned, to the Attorney- 
 General, or to the Landdrost of the District; and 
 whereas every possible occurrence cannot be foreseen, 
 it is recommended to the discretion of every Field- 
 Cornet, in cases when the delay occasioned by the 
 time required for making the report, and to receive 
 orders, might be attended with injurious consequences 
 to the Public, or to Individuals, in such cases immedi- 
 ately to check the evil, and if necessary, to oppose it 
 by force. 
 
 255. Whenever in any of the Bays, or otherwise on 
 the Coast, one or more Ships come to an anchor, the 
 first Individual who may observe this, shall forthwith 
 report it to the Field-Cornet of the District near which 
 it takes place, on pain of arbitrary correction, accord- 
 ing to circumstances. 
 
 256. The Field-Cornet, being by this or any other
 
 79 
 
 means informed thereof, shall, without loss of time, 
 report it to the Landdrost of the District, and in the 
 mean time prevent any one going on board of such Ship 
 or Ships, until orders shall have been received from 
 the Landdrost. 
 
 257. In case a Boat should come on shore from such 
 Ship, the Field-Cornet shall inquire what Nation such 
 Ship belongs to; the name of it; the name of the 
 Captain ; what number the Crew consists of ; what the 
 Cargo of the Ship may be ; from whence she comes j 
 whither she is bound ; how long she has been out from 
 the last Place she touched at; why she has anchored; 
 whether the Crew is healthy ; if not, what malady there 
 is on board ; and whatsoever he may be further able to 
 learn. 
 
 258. When the Field-Cornet finds that such Ship 
 does not belong to the enemy, and has been obliged to 
 make the land through want of provisions, he shall 
 acquaint those who have landed, that, until orders 
 have heen received, no communication is allowed to be 
 had with the Ship ; requesting them, that on their part 
 also, no communication will be had with the Shore, 
 but in the meantime he shall be allowed to supply the 
 Ships, from day to day, with such provisions as they 
 may most stand in need of. 
 
 259. He takes care that on such occasions no goods 
 
 o 
 
 of whatsoever description are landed ; and that the 
 Sailors do not stroll away from their boat. And should 
 he suspect that any contagious disorder is on board, 
 he shall then not even suffer them to land, but have 
 every thing they want handed to them from the shore. 
 
 260. But whenever any Ship or other Vessel should 
 enter any of the Bays in such distress, that to await 
 for the orders from the Landdrost might endanger 
 either the Ship or Cargo, the Cargo, may then forth- 
 with be landed ; but the goods so landed must
 
 80 
 
 then remain under the joint care of the Field-Cor- 
 net and of the Owner, without being further dis- 
 posed of until orders from the Landdrost shall have 
 been received, and that the precautions directed by the 
 52d Article be resorted to. 
 
 261. But when the Field-Cornet has the least sus- 
 picion that such Ship or Ships belong to the Enemy, he 
 shall then, besides his report to the Landdrost, take 
 care, without awaiting any orders, that all the Cattle 
 in the neighbourhood be immediately driven inland, 
 and that all other Articles of Provision which cannot 
 be removed, be forthwith destroyed. All those Inha- 
 bitants who shall herein strictly obey the directions of 
 the Field-Cornet, shall receive a reasonable compen- 
 sation for the losses they may thereby sustain : and on 
 the contrary, those who shall be unwilling to obey the 
 said directions, shall be punished according to circum- 
 stances even with Death. 
 
 262. Whenever any Vessel is cast on any of the shores 
 of this Colony, the person first discovering it shall 
 forthwith acquaint the Field-Cornet therewith, who 
 shall also immediately report it to the Landdrost, in 
 order that whatsoever is directed by the 49th and 50th 
 Articles may be executed. 
 
 263. The Field-Cornet shall, until the Landdrost 
 arrive at the place where the Vessel is stranded, en- 
 deavour as much as possible to save the persons and 
 Property ; he is to take care that the People do not 
 stroll into the Country, and that none of the Property 
 be removed until the Landdrost shall have arrived. 
 For this purpose, the Field-Cornet shall order in time 
 a sufficient number of men ; and if necessary, call in 
 the assistance of the neighbouring Field-Cornets. 
 
 264. One of the most effectual means to promote 
 internal trade and civilization, is a regular and safe 
 inland communication: the Field-Cornets shall take
 
 81 
 
 particular care, therefore, to establish this, and to 
 convince the Inhabitants of its importance, and conse- 
 quently prevail upon them to contribute their means 
 towards it. 
 
 265. The Field-Cornets are to take care that what- 
 soever Letters or Papers addressed to the Government, 
 the Court of Justice, the Attorney General, or the res- 
 pective Landdrosts, or to other Public Officers or Civil 
 Servants, which may be in the possession of any of the 
 Inhabitants, be forwarded by them with the most pos- 
 sible speed. Wherefore, the Proclamation of the 
 Governor and Council of the llth of January, 1804, to 
 be found in the Gazette of the 2 1st next following, 
 must be considered as if here inserted. 
 
 266. When in the Cape District the Attorney Gene- 
 ral, and in the other Districts the Landdrost or the 
 Landdrost and Heemraden, should direct the Field- 
 Cornets to inquire whether any Lands can be granted, 
 either in Freehold, Quitrent, or on Loan, the Field- 
 Cornet whom it may concern shall, attended by two 
 unimpeachable Witnesses, proceed in the inquiry, 
 not only with the strictest impartiality, but with the 
 utmost exactness in his power. 
 
 267. On inspecting the Land asked for as a Loan 
 Place, the Field-Cornet begins (the Applicant having 
 pointed out the Land) by fixing a middle point, and 
 ascertains whether, in every direction from it, the ex- 
 tent of half an hour can be allowed without touching on 
 the Freehold, Quitrent Land, or Loan Right, of others, 
 or on any Government Land reserved for Uitspan Pla- 
 ces, or other public uses. Finding this to be the case, 
 he proceeds to examine the situation and bearings of the 
 said Land, the mountains, rivers, and other con- 
 spicuous features, either within the limits of the Land 
 asked for, or touching upon it ; and after having ex- 
 amined all such Persons who may be interested in the
 
 82 
 
 disposal of the Land asked for, he must report all the 
 particulars in writing to the Authority by whose 
 direction he has acted at all times expressly specifying 
 what produce the Land asked for is best suited to yield. 
 
 268. Should the Land asked for as a Loan Place not 
 admit of the above extent, it shall not on that account 
 be considered as inadequate ; but the Field-Cornet 
 shall ascertain the grantable extent on all sides with 
 accuracy, and report the same, together with the par- 
 ticulars specified in the preceding Article, in writing, 
 when the Government will determine on the expediency 
 or inexpediency of the grant asked for. 
 
 269. Tn all other cases respecting the inspection of 
 Lands, the Field-Cornets shall follow, as closely as 
 possible, the Resolutions of the Governor and Council 
 of the 29th February 1804, and 15th May 1805. 
 
 270. The Field-Cornets shall watch attentively, that 
 no roving People keep themselves in their Districts with 
 their Families and Cattle. On discovering such People 
 in their Districts, they are immediately to report it to the 
 Landdrost, and to order them forthwith to depart. The 
 Field-Cornets shall in particular not suffer the Uitspan 
 Places to remain occupied longer than twenty-four hours 
 at any one time by the same persons, unless the swel- 
 ling of a river, or other unforeseen circumstance, should 
 prevent their proceeding. 
 
 271. When the Field-Cornet is informed of the firing 
 of an Alarm Gun, he shall forthwith dispatch a trusty 
 person to the next Signal Post, to watch that the Sig- 
 nals be properly repeated. 
 
 272. At the same time he is to take care that all such 
 persons belonging to the Armed Burghers, or any other 
 Corps, and who at that period are within his District, do 
 forthwith repair to their respective posts; and he shall 
 give the necessary orders for the preservation of the 
 peace, and when required, to render such other services
 
 83 
 
 as circumstances may demand, according to the Resolu- 
 tion of the Governor and Council of the 20th March, 1 805. 
 
 273. The Field-Cornets, each in their respective Dis- 
 tricts, shall pay attention to the improvement and re- 
 pairs of the Public Roads, and particularly obey, and 
 cause to be obeyed, the orders they may receive respec- 
 ting them, or which the Proclamations and Ordinances 
 prescribe to them. 
 
 274. The Field-Cornets shall mutually correspond 
 with each other in all matters in which their several Dis- 
 tricts have a common interest ; and they shall endeavour 
 to assist one another in all thing's tending 1 to promote 
 the welfare of the Colony. 
 
 275. Whenever a Field-Cornet goes beyond the limits 
 of his District, whether to Cape Town or elsewhere, he 
 must appoint one of the most able Inhabitants of his 
 District to act for him, who shall be obliged to do so 
 during- his absence; and in all things to conform himself 
 to whatsoever is contained in these Regulations, for 
 which he will be held responsible, 
 
 276. A Field-Cornet intending to remove to another 
 District, shall be obliged to acquaint the Attorney-Ge- 
 neral, or the Landdrost to whose District he belongs, 
 therewith, in order that another person may be appointed 
 to succeed him. And the retiring 1 Field-Cornet, in 
 such or any other case, shall give up to his successor all 
 books and papers belonging to his situation, including 
 these present Instructions. 
 
 277. The Field-Cornets shall not, either themselves, 
 or their wives, children, or inmates in their families, 
 receive any presents or gifts from any one who, on 
 account of the Field-Cornet's situation has any thing to 
 hope or to fear of him. 
 
 278. The Field-Cornets shall, previous to their 
 entering on the duties of their situation, take the follow- 
 ing Oath ; in. the Cape District before the Attorney-Ge-
 
 84 
 
 neral, and in the other Districts, before Lancldrost and 
 Heemraden of the District to which they severally belong. 
 Oath. " I do promise and swear to be faithful and 
 obedient to Government of the Batavian Republic, as 
 the only legitimate Sovereign of this Colony, and to 
 the Council of the Asiatic Possessions; that I shall 
 shew all due respect, regard, and obedience to the 
 Batavian Government of the Cape of Good Hope; 
 that I shall strictly follow and obey the orders of the 
 same, and of the Local Authorities of the District to 
 which I belong ; that I shall acquit myself of the duties 
 of my Office, of Field-Cornet, faithfully and diligently; 
 that I will not be deterred from doing so by love or hatred, 
 affection or disaffection. That in order to obtain this 
 Office I have neither given nor promised, nor will pro- 
 mise or give any thing directly or indirectly ; that 
 according to the best of my abilities I shall faithfully 
 observe and follow the instructions already existing, and 
 those that may hereafter be given to me; and that I 
 shall conduct myself in all things as an honest Field- 
 Cornet is bound to do So truly help me God Almighty*." 
 
 Instructions for the Under -Sheriff (^ and subordinate 
 
 Officers of Justice in the respective Country 
 
 Districts. 
 
 298. In every District the Landdrost shall, as by the 
 6th Article of these Regulations has already been 
 directed, in his Office, have the assistance of an Under- 
 Sheriff, six mounted Orderlies who shall henceforward 
 be called Police Orderlies, and six inferior Attendants, 
 hitherto denominated Caffres. 
 
 299. The Under-Sheriff and Police Orderlies are, at 
 the recommendation of the Landdrost, appointed by the 
 
 (i) Note. This is a bad Translation of the word " Onder Sellout" 
 which means " Gaoler.'''
 
 85 
 
 Government; and the inferior Attendants can, with 
 the approbation of the Government, be engaged by the 
 Landdrost. 
 
 300. The Under-Sheriff shall, independent of free 
 lodging in a District Building, and of the emoluments 
 he has hitherto enjoyed, receive from Government a 
 fixed annual Salary of Three Hundred and Sixty Rix- 
 dotlars; each Police Orderly Fifteen Rix-dollars per 
 month ; and each inferior Attendant Five Rix-dollars 
 per month. The clothing and maintenance of the two 
 last must be paid for by the District. 
 
 301. These subordinate Officers are under the imme- 
 diate orders of the Landdrost, who is to keep them 
 strictly to their duty ; to take care that they shew every 
 due respect to the Heemraden and Secretary ; and that 
 they cause neither trouble or molestation to the Inha- 
 bitants. 
 
 302. It is the duty of the Under-Sheriff to observe 
 that the Police Orderlies, and inferior Attendants, do 
 their duty, and are vigilant in preserving the peace, 
 and in assisting the Inhabitants when required. 
 
 303. The Under-Sheriff shall, in public, always 
 carry a stick and sword ; and the Police Orderlies and 
 inferior Attendants, when on duty, shall always wear 
 a particular dress, and also be armed with a stick and 
 sabre. 
 
 304. The Landdrost must so distribute the duties of 
 the Police Orderlies and inferior Attendants, that one 
 part are constantly employed in patroling, another part 
 in guarding and taking care of the Prisoners, while 
 the remainder must at all times be in readiness to be 
 employed whenever required. 
 
 305. The Patrols are made by the Under-Sheriff and 
 two Police Orderlies, or two inferior Attendants, or by 
 a Police Orderly and two inferior Attendants the lat- 
 ter never patrol without having a Police Orderly at 
 
 their head. 
 
 i
 
 86 
 
 306. On Sundays, during Divine Service, one Police 
 Orderly and an inferior Attendant, are to be on duty at 
 the Church, to prevent all irregularities; while one 
 Police Orderly, and two inferior Attendants, patrol 
 through the village. 
 
 307. The Under-Sheriff shall prevent "the crowding 
 together of Slaves, and particularly their gambling and 
 fighting; he shall take care also, that the Taphouses 
 are shut at a regular hour; that no improper games are 
 played in the same ; that the Farmer of such houses be 
 duly assisted in tracing Smugglers; that the Streets 
 are kept clean ; that no horses or oxen are let loose in 
 them ; in short, that all local regulations prescribed 
 to him by the Landdrost be punctually obeyed. 
 
 308. The Under-Sheriff and Police Orderlies are 
 authorised to take into custody, without awaiting any 
 orders, all such Slaves who misbehave in the streets, 
 and who do not attend to remonstrances ; or if neces- 
 sary, personal correction respecting it. 
 
 309. Hottentots and Free Blacks, or other persons 
 of the same class, committing any irregularities in the 
 streets, can only be remonstrated with ; but which, if 
 they disregard, they shall in like manner be taken into 
 custody. 
 
 310. When any such irregularities are committed by 
 Burghers of the District, or any known Inhabitants, 
 then shall the Under-Sheriff and Police Orderlies ex- 
 postulate with them ; but should this not be attended 
 to, they shall report it to the Landdrost, in order that 
 he may take the necessary measures. 
 
 311. When the Under-Sheriff and Police Orderlies 
 shall surprise any Inhabitants of this Colony in the act 
 of committing Murder, Manslaughter, Rape, Arson, 
 Burglary, or the like Capital Crimes, they shall forth- 
 with take such Delinquents into custody. 
 
 312. The Under-Sheriff and Police Orderlies shall, 
 in all such cases, conduct themselves with temper and
 
 a? 
 
 propriety, yet steadily and with firmness ; while they 
 execute their duty in such a manner, they will be 
 strongly supported, but should they in any way deviate 
 from it, or insult any one, they will be severally punished. 
 
 313. The Under- Sheriff has the immediate care of the 
 Prisoner and Prisons ; he shall take care that the 
 Prisons be kept clean ; that, from time to time, by 
 white-washing the walls, burning of gun-powder, sprink- 
 ling of vinegar, and the like, the air within be purified ; 
 that good and wholesome provisions be given to the 
 Prisoners ; that Criminal and Civil Prisoners be kept 
 separately ; that the sick be also separated from those 
 who are well ; and the Men separated from the Women ; 
 as also Europeans and other free People separate from 
 Slaves; he shall further take care that they be well 
 guarded. 
 
 314. The Under-Sheriff shall keep an exact Register 
 of all the Prisoners, specifying their names, the places 
 where they are born, and if Slaves, the names of their 
 Masters, the day when committed to prison, and the 
 crimes they are charged with. 
 
 315. On a Prisoner being brought in, the Under- 
 Sheriff shall search whether he has any arms or other 
 dangerous instruments about his person, and if so take 
 them from him. Of these, as also of every other arti- 
 cle in the possession of the Prisoner, he shall take an 
 exact account, which the Prisoner, if he can write, 
 must be made to sign. 
 
 316. The Under-Sheriff shall not cause a Slave to be 
 punished, put in irons, nor even, as a punishment to 
 be kept in custody, without the order of the Landdrost ; 
 having received an order to that effect, he takes care 
 the punishment directed be not exceeded, on pain of 
 arbitrary correction, according to circumstances. 
 
 317. No one shall be permitted to visit Criminal 
 Prisoners, without the express permission of the Land-
 
 drost, and which permission being obtained, the 
 Under-Sheriff shall take care that no arms, nor any in- 
 jurious article, be conveyed to the Prisoners, on pain 
 as before. 
 
 . 318. The Prisoners are to be put in irons every eve- 
 ning, those only excepted who, on account of age, in- 
 firmity, sickness, or otherwise, am exempted from it 
 by the Landdrost's order. The Under-Sheriff shall be 
 held personnally responsible, in case any Prisoner es- 
 capes through his not attending to the above Regulation* 
 
 319. The Under-Sheriff shall take care that the Pri- 
 soners be properly treated by the Police Orderlies and 
 inferior Attendants, that these do not speak to them 
 roughly, much less use insulting or abusive language ; 
 any of them so doing, shall be severely flogged by his 
 comrades. 
 
 420. No wine nor strong liquors shall be given to the 
 Prisoners, except when the Landdrost permits the 
 same, as necessary to their health, but which then 
 shall be very moderately administered. The Under- 
 Sheriff shall prevent every means of intoxication to the 
 Prisoners; he shall take care that no indecencies are 
 committed in the Prison ; and that no gambling, nor 
 any recreations from which disputes may arise, are 
 allowed. 
 
 321. Burghers and Inhabitants, as also all Europeans, 
 and other like Prisoners, shall be attended and assisted 
 by the Police Orderlies ; for other Prisoners, the in- 
 ferior Attendants can be employed. 
 
 322. The Under-Sheriff shall not require nor receive 
 more for the locking and unlocking, punishment and 
 maintenance of the Prisoners, than what the Governor 
 and Council have appointed, on pain of losing his 
 situation, if directly or indirectly he shall act to the 
 contrary hereof. 
 
 323. When a runaway Slave shall be taken, the
 
 89 -J 
 
 Under-Sheriff must acquaint the Master of such Slave 
 therewith as speedily as possible, on pain of being 
 made responsible for all damages which may result 
 from the neglect of it. 
 
 324. The Under-Sheriff shall report every day, at 
 the hour which the Landdrost may appoint, whatso- 
 ever relates to his Office, and at the same time deliver 
 a List of all the Prisoners under his care, particulari- 
 sing any new occurrence that may have taken place 
 since his last preceding report. All unusual occur- 
 rences the Under-Sheriff must forthwith report. 
 
 325. On entering upon his Office, the Under-She- 
 riff must produce security for the amount of Five 
 Hundred Rix-dollars, to the satisfaction of the Land- 
 drost and Heemraden, in order to meet any loss or 
 injury any one may sustain through his fault or neglect ; 
 this security shall, however, not remain in force longer 
 than by Art. 294 has been directed with respect to the 
 Messenger. 
 
 326. In case of Fire, stranding of Ships, the ap- 
 proach of an Enemy, and in all other cases not men- 
 tioned in these Instructions, the Under-Sheriff shall, 
 immediately on being informed of them, repair to the 
 Landdrost, to receive his commands, and execute the 
 same with judgment and dispatch. 
 
 327. In the absence of the Landdrost, the Under- 
 Sheriff shall receive orders from the person who acts 
 for the Landdrost ; and he being absent also, then 
 from the Secretary. 
 
 328. The Under-Sheriff, previous to his entering on 
 the duties of his Office, takes the following Oath be- 
 fore the Landdrost and Heemraden : 
 
 Oath. " I do promise and swear to be faithful and 
 obedient to the Government of the Batavian Republic, 
 as the only legitimate Sovereign of this Colony, and 
 
 to the Council for the Asiatic Possessions and Establish- 
 
 i2
 
 90 
 
 ments ; that I shall show all due respect, regard, and 
 obedience to the Batavian Government of this Colony, 
 and to the Landdrost, and to the Board of Landdrost 
 and Heemraden ; that I shall strictly obey and execute 
 the orders of the Landdrost regarding my Office, and 
 cause the same to be diligently obeyed and executed 
 by the Police Officers under me ; that I shall faithfully 
 attend to the instructions already given, and such as 
 may hereafter be given to me ; and further, that I 
 shall do whatsoever a watchful and faithful Under- 
 Sheriff is bound to do. So help me God Almighty /" 
 
 After the publication of these presents, all Placards, 
 Ordinances, and Customs, contrary ;thereunto shall 
 cease, being hereby abrogated and annulled. 
 
 Order and direct the Court of Justice, the Attorney- 
 General, the respective Landdrosts, as also the Boards 
 of Landdrost and Heemraden, and all whom it may 
 concern, to obey this Publication, and to cause the 
 same to be obeyed, having considered it expedient for 
 the interests of the Colony that it should be so , 
 
 And in order that no one shall plead ignorance hereof, 
 the same shall be published and affixed in the usual 
 manner. 
 
 Thus done, by Governor and Council, at the Cape 
 of Good Hope, in South Africa, on the 23d of October 
 1805, and published on the 24th following. 
 
 Governor and Council aforesaid, 
 
 J. W. Janssens. 
 
 By Order of the same, 
 
 J. A. Truter, Sec.
 
 91 
 
 Proclamation by His Excellency Du Pre, Earl of 
 
 Caledon, Viscount Alexander, and Baron 
 
 Caledon of Galedon, Sfc. (*) 
 
 WHEREAS it has been represented to me, that Accidents 
 frequently happen and that great danger is incurred, 
 especially in the night-time, from the negligence or 
 misconduct of the Drivers of Carriages, and particu- 
 larly of Bullock Waggons passing backwards and for- 
 wards from and to the Country and Cape Town : Now, 
 in order to provide for the safety of the Traveller, as 
 well by night as by day, and that proper order and regu- 
 larity may be observed, not only in the streets and lanes 
 in this Town, but likewise throughout all the different 
 roads of the Colony, I do hereby Order and Command, 
 that from and after the date and publication of these 
 presents, the following Regulations shall be strictly 
 observed. 
 
 1. All persons whatsoever residing in Cape Town, or 
 in the District of the Cape, or possessing either Cart 
 or Waggon ; to wit, those residing in Cape Town or 
 District, Simon's Town included, and also those resi- 
 ding in the environs of the Drostdy of Stellenbosch to 
 three hours' distance, shall, within the space of one 
 month from the date hereof, and the remainder of the 
 said Inhabitants before the end of the month of August 
 give in to the Fiscal, or the Landdrosts of their respec- 
 tive Districts, their Names, and likewise how many 
 Carts or Waggons they possess, in order that the same 
 may be registered, and that they may receive a Certi- 
 ficate upon a Stamp of six Stivers for each Wagon, 
 that the orders herein contained have been duly complied 
 with, in default of which a fine of 20 Rds. shall be 
 levied on the offender. 
 
 The same Regulation is to be observed by the Inha- 
 
 (') Vide Ordinance No. 791830.
 
 92 
 
 bitants in the Districts of Swellendam, Graaff-Reinet, 
 Uitenhage, and Tulbagh, with this difference only, 
 that the time for giving in the Return of their Carts and 
 Waggons, together with their JNames, is extended to 
 four months. 
 
 2. And in order that the utmost regularity may be 
 observed by the Drivers of all such Carts and Waggons, 
 and likewise by those of all sorts of Carriages whatso- 
 ever, I do hereby command and direct, that henceforth 
 all Carriages of every denomination, whether drawn by 
 horses or by oxen, shall keep on the left-handed side of 
 the road or street, giving always the right-hand to the 
 Carriages they meet ; and should any damage be made 
 to either Carriages, Cart, or Wagon, whilst on its 
 proper side of the road, by another out of its place, 
 then, and in that case, the Owner of such Carriage, 
 Cart, or Waggon, shall not only repair and make good 
 the injury sustained, but likewise, in case of refusal, 
 be obliged to pay a fine of 20 Rds. for having offended 
 against the Law. 
 
 3. And for the better and more easily distinguishing 
 who the Proprietor of each Cart or Waggon is, I do 
 further command, that at the same time they receive 
 their Certificates from the Fiscal, or their respective 
 Landdrosts, Ihey shall also receive a Number, which 
 Number the Proprietor of such Waggon or Cart shall 
 cause to be painted in white figures of at least one inch 
 and a half in length, on a black board one foot square, 
 together with the Owner's name, and the name of the 
 District in which he resides, which board shall be 
 placed on the right side of each Cart or Waggon, and 
 any Cart or Waggon appearing on the highways of 
 this Colony, or in the streets of this Town, after the 
 time herein specified, without such public mark upon it, 
 the Owner thereof shall be liable to a fine of 50 Rds. 
 
 4. And as every Man is supposed to have the power
 
 of commanding his Servant or Slave, so is he here con- 
 sidered as responsible for their conduct, and likewise 
 for their paying- due attention and obedience to the 
 Orders and Regulations herein contained ; he should 
 therefore give strict injunctions to them to be careful 
 not to offend, as he himself will be liable to the penalty 
 incurred by their neglect. 
 
 5. In order to prevent any accidents happening- to 
 those returning to Town after sun-set, from the number 
 of Bullock Waggons that begin their journey about that 
 hour, I do strictly order and command, that all Waggons 
 drawn by Bullocks shall pass through the Castle on 
 their leaving the Town, and pursue the Road called the 
 Summer or Lower Road ; and any such Bullock Waggon 
 that shall be found on the Upper Road on this side of 
 Roode Bloem, when, on their way to the Country, the 
 Owner thereof shall pay a fine of 20 Rds. 
 
 And I do strictly prohibit and forbid any Waggon 
 drawn by Oxen from appearing in the streets of this 
 Town, or within two miles thereof, without having a 
 person leading the foremost pair, as has always been 
 an established Regulation in this Colony, under the 
 penalty thereunto affixed. The penalty shall also be 
 strictly levied upon all Carters who shall crack their 
 Whips in passing through the Town, contrary to the 
 former orders. 
 
 And it is hereby directed, that this Proclamation shall 
 be published and affixed in the usual manner. 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 23d day of June, 1809. 
 
 (Signed) Caledon. 
 
 By His Excellency's Command, 
 
 (Signed) H. Alexander, Secretary.
 
 94 . 
 
 Proclamation by His Excellency Du Pr6, Earl of 
 Caledon, Viscount Alexander, and Baron 
 
 Caledon of Caledon, &fc. 
 
 WHEREAS His Majesty being duly authorised by an Act 
 passed in the present Session of Parliament, has been 
 graciously pleased to take into His Royal consideration 
 the state of the Trade of this Colony, and to pass an 
 Order in Council for the better regulation thereof: 
 These are to make known to all and every one, the 
 following Copy of the said Order in Council, given at 
 the Court at the Queen's Palace the 12th of April 
 1809. 
 
 Whereas by an Act passed in the present Session of 
 Parliament, intituled "An Act to authorise His Majesty, 
 during the present War, to make Regulations respecting 
 the Trade and Commerce to and from the Cape of Good 
 Hope," it is enacted, that from and after the passing of 
 the said Act, it shall and may be lawful for His Majesty, 
 by and with the Advice of His Privy Council, by any 
 Order or Orders to be issued from time to time, to give 
 such directions, and make such Regulations touching 
 the Trade and Commerce to and from the said Settle- 
 ment, and the Territories and Dependencies thereof, as 
 to His Majesty and Council shall apppear most expe- 
 dient and salutary, any thing contained in an Act passed 
 in the Twelfth Year of the Reign of His Majesty King 
 Charles the Second, intituled " An Act for encouraging 
 and increasing of Shipping and Navigation," or in an 
 Act passed in the Seventh and Eight Years of the Reign 
 of His Majesty King William the Third, intituled "An 
 Act for preventing Frauds, and regulating Abuses in 
 the Plantation Trade;" or any other Act or Acts of 
 Parliament now in force, relating to His Majesty's 
 Colonies and Plantations, or any other Act or Acts of 
 Parliament, Law, Usage, or Custom, to the contrary
 
 notwithstanding ; His Majesty is hereby pleased to 
 order, by and with the Advice of His Privy Council in 
 pursuance of the Powers vested in His Majesty by the 
 above recited Act, and it is hereby ordered, that it shall 
 be lawful, until further orders, for all Ships and Vessels 
 belonging- to the Subjects of any Country or State in 
 amity with His Majesty, to enter into the Ports of the 
 stud Settlement of the Cape of Good Hope, and of the 
 Territories and Dependencies thereof, and to carry on 
 Trade and Traffic with the Inhabitants of the said Set- 
 tlement and of the Territories and Dependencies 
 thereof, and to import and export to and from the Ports 
 of the said Settlement and of the Territories and De- 
 pendencies thereof, any Goods, Wares or Merchandize 
 whatsoever, subject to the following 1 Exceptions, Duties, 
 Rules, Regulations, and Restrictions, that is to say, it 
 shall and may be lawful for the Governor of the said 
 Settlement, and of the Territories and Dependencies 
 thereof, for the time being 1 , to impose on all Goods, 
 Wares, and Merchandize, not of the Growth, Produce, 
 or Manufacture of Great Britain or Ireland, which 
 shall be imported into the said Settlement, or the Terri- 
 tories or Dependencies thereof, from any part of His 
 Majesty's Dominions, after due notice to be given by 
 the Governor of the said Settlement, as hereinafter 
 directed, a Duty not exceeding Fifteen per Cent, on the 
 value thereof; such duties to be rated and collected in 
 the same manner as is in use with regard to the Import 
 Duties now levied at the said Settlement and the Terri- 
 tories and Dependencies thereof, from and in Ships and 
 Vessels belonging to the Subjects of Countries and 
 States in amity with His Majesty, and upon the Goods 
 and Merchandize imported in the same ; provided always 
 that the time of the commencement of such Duty shall 
 be fixed in the Proclamation, or other lawful Instrument, 
 which shall be made and issued by the said Governor
 
 96 
 
 for the purpose of imposing such Duty, which time 
 shall not be less than six months from the day of issuing 
 such Proclamatiou or other lawful Instrument ; and pro- 
 vided also that the rate of Duty imposed on the Impor- 
 tation of Goods (not the Growth, Produce, or Manu- 
 facture of Great Britain and Ireland) from any part of 
 His Majesty's Dominions, when so imported in British- 
 built Vessels, owned and navigated according to law, 
 shall in no case be so high as that which shall be im- 
 posed on the like Goods so imported in the Vessels of 
 Foreign States. 
 
 And it is His Majesty's Pleasure, that no Goods, 
 Wares, or Merchandise, the Growth, Produce, or Ma- 
 nufacture of the Countries to the Eastward of the Cape 
 of Good Hope, be imported into the said Settlement or 
 the Territories or the Dependencies thereof, except by 
 the United Company of Merchants of England trading 
 to the East Indies, and that no such Goods, Wares, or 
 Merchandise, be permitted to be exported from thence, 
 except for Sea Stores only, or by the United Company 
 of Merchants of England trading to the East Indies, 
 or by their Licence. 
 
 But it is His Majesty's Pleasure, that nothing in this 
 Order contained shall extend to prevent Ships or Vessels 
 employed in the Southern Whale Fishery from carrying 
 on the same, in such and the same manner as might 
 have been done if this Order had not been made. 
 
 And it is also his Majesty's Pleasure that no Arms or 
 Artillery, Gun-powder, or Ammunition of any sort, be 
 allowed to be imported into the said Settlement, or the 
 Territories or Dependencies thereof, except by the said 
 United Company of Merchants of England trading to 
 the East Indies, or by Licence from His Majesty. 
 
 And it is His Majesty's further Pleasure, that the 
 Trade and Commerce to and from the said Settlement 
 and the Territories and Dependencies thereof, shall be
 
 97 
 
 subject to such of the Laws of Trade and Navigation, 
 as would have affected the same if this Order had not 
 been made, except so far as such Laws are contrary to 
 this Order. 
 
 And the Right Honorable the Lords Commissioners 
 of His Majesty's Treasury, and the Lords Commis- 
 sioners of the Admiralty, are to give the necessary 
 directions herein as to them respectively appertain. 
 (Signed) Steph. Cottrell. 
 
 I do therefore, in pursuance of the said Order in 
 Council, and by virtue of the Powers and authorities in 
 me vested, hereby order and direct, that at the expira- 
 tion of six months, from and after the issuing 1 of these 
 Presents, on all Goods, Wares, and Merchandise, not 
 of the Growth, Produce, or Manufacture of Great 
 Britain and Ireland, which shall be imported into this 
 Settlement, from any part of His Majesty's Dominions, 
 in Ships and Vessels belonging to the Subjects of Coun- 
 tries in amity with His Majesty, a Duty of Fifteen per 
 Cent, on the value of such Goods, Wares, and Mer- 
 chandise, shall be paid, to be rated and collected in the 
 same manner as now in use in this Settlement. But on 
 all such Goods, Wares, and Merchandise, not of the 
 Growth, Produce, or Manufacture of Great Britain ot 
 Ireland, when imported from any part of His Majesty's 
 Dominions in British-built Vessels, owned and navigated 
 as by Law directed, a Duty of 10 pCt. shall be imposed, 
 to be rated and levied in the manner as before specified. 
 
 And it is hereby directed, that this Proclamation shall 
 be published and affixed in the usual manner. 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 29th day of September, 1809. (i) 
 
 (Signed) Caledon. 
 
 By His Excellency's Command, 
 
 (Signed) H. Alexander, Sec. 
 
 (') Vide infra, Proclamation 20th November 1812. 
 
 X
 
 98 
 
 Government Advertisement. 
 
 IT being of the utmost importance to Government, a 
 well as of the greatest consequence to the Inhabitants, 
 that the communication between this Capital and the 
 Country Districts should be as speedy and secure as 
 possible ; and experience having taught that the manner 
 in which this communication is at present kept up, is 
 not only very irregular, but at the same time extreme- 
 ly tedious, and that in consequence it often happens 
 whole Packets of Letters are either lost or detained for 
 months upon the road, Notice is hereby given, that 
 from the 1st of April next, all Government Despatches 
 will be forwarded to and from the Country Districts, by 
 the route herein laid down ; those from the Capital to 
 the Country regularly every Saturday, and those from 
 Graaff-Reinet (as the furthest stage) to the Capital, 
 on every first and second Wednesday after the first 
 Monday in each month, exclusive of the extraordinary 
 Posts which Government or the Magistracy of the res- 
 pective Districts may deem necessary (o dispatch. And 
 in compensation to each Inhabitant who may reside at 
 any one of the herein after-mentioned stages, for the 
 duties required of him, it is hereby notified, that Go- 
 vernment will pay to the Postholders 3 Rds. in the 
 month for every hour on horseback between the stages, 
 who, over and above (on ordinary occasions) shall not 
 only be exempt from Personal Service, but likewise 
 from the furnishing of Waggons, Horses, Labourers, &c. 
 for the Public Service; the whole under the following 
 Regulations, viz. 
 
 1. The carrying of Packets and Letters shall, as 
 much as possible, be done by Christians, or else by 
 Hottentots or Slaves on whom a full dependance can 
 be placed, the Postholders being on all occasions held 
 personally responsible for the due delivery thereof. 
 
 2. The Postholders shall be obliged to keep, besides 
 a fit Person for carrying the Packets and Letters, two
 
 99 
 
 good Saddle Horses in their stables, which Horses 
 shall be fed upon dry Forage. 
 
 3. All Packets or Letters shall, immediately after 
 they are received, be forwarded without any delay, 
 whether by day or by night, to the next stage ; and 
 the time employed in changing horses, &c. at each stage, 
 shall at the utmost not exceed half an hour ; and should 
 this time be exceeded, the Postholders shall, for every 
 half hour the Packets or Letters may be longer detained, 
 be fined in a penalty of 10 Rds. to be forfeited to the 
 Treasury of the District in which such Postholder 
 resides. 
 
 4. The Postholder shall also be obliged to write 
 down in the open Letters which accompany the Govern- 
 ment Despatches, the date and the hour when such 
 Packets or Letters arrive at their House, and likewise 
 the time at which they forward them to the next stage ; 
 and they shall over and above be obliged to give a 
 Receipt to the Person from whom they receive the 
 Packets or Letters, in which Receipt they shall also 
 specify the day and the hour such Packets or Letters 
 were delivered to them. 
 
 It having likewise further appeared, that the News- 
 papers and Proclamations sent by Government to the 
 Country Districts, for the purpose of being distributed 
 for public information, are suffered to lay without any 
 notice being taken of them, by which means the Inha- 
 bitants are not only prevented from obtaining timely 
 information of the Orders and Regulations of Govern- 
 ment, but Government itself at the same time exposed 
 to its Orders being rendered illusory by the like neglect ; 
 it is hereby further ordered, that the Field -Cornets 
 residing nearest to their respective Drostdies, do direct 
 every week one of the Inhabitants of their Field-Cor- 
 netcy, who will also take it in turn, to repair to the 
 Drostdy,and there fetch the Newspapers, Proclamations,
 
 100 
 
 and Letters, which arrive from the Capital, taking 
 with them such Reports as the Field-Cornets may have 
 to make to their Landdrost. These Newspapers ,Pro 
 clamations, and Letters being then received by the 
 said Field-Cornets, they shall, in the same manner, be 
 fetched from them by order of the Field-Cornet, of the 
 adjoining Division, and so on by every Field-Cornet as 
 he follows. Besides this, another Inhabitant of the 
 Field-Cornetcy (to be chosen likewise by turns by the 
 Field-Cornet) shall be obliged to take round the News- 
 papers, Proclamations, and Letters, to the other 
 Inhabitants of the Division, who shall, on a separate 
 piece of paper, sign for having read the Newspapers, 
 or Proclamations, and for the receipt of the Letters 
 addressed to them, which paper shall be transmitted 
 the following week by the Field-Cornets to the Drosdy, 
 whence they shall be forwarded to the Capital at the 
 end of every Quarter. 
 
 And all the Landdrosts and Field-Cornets are hereby 
 required and commanded to take care that not only the 
 Orders herein contained be strictly attended to and 
 obeyed, but the former likewise to make such arrange- 
 ments with the Field-Cornets, as to the fetching of the 
 Newspapers, Proclamations, and Letters, as they may 
 conceive best calculated to obtain the object in view. 
 
 Castle of Good Hope, 16th February 1810 
 By Command of His Excellency the Governor, 
 (Signed) H. Alexander, Secretary. 
 
 New Post Route. 
 1. From Cape Town to Stellenbosch per Post 
 
 Wagon. 
 From Stellenbosch to Eikenbomen, at D. 
 
 Malang's, 6 hours. 
 
 From Eikenbomen to the Drostdy of Tulbagh, 
 4 hours.
 
 101 
 
 From Tulbagh to Breede Rivier, at Smit's, 4| 
 
 hours. 
 From Breede Rivier to Hex Rivier, at Naude's, 
 
 5 hours. 
 From Hex Rivier to Gourits Hoogte, at Mrs. 
 
 Sandenberg's, 2 hours. 
 From Gourits Hoogte to Sarah's Rivier, at A. le 
 
 Roes', 5 hours. 
 
 2. From Sarah's Rivier to the Drostdy of Swellen- 
 
 dam, 4 hours. 
 
 3. From Swellendam to the Duivenhoks Rivier, at 
 
 Pieter Lombard's, 5 hours. 
 
 4. From Duivenhoks Rivier to the Hoogekraal at J. 
 
 P. la Grange's, 3 hours. 
 
 5. From the Hoogekraal to the Gourits Rivier at E. 
 
 E. Meyer, Js. 4 hours. 
 
 6. From the Gourits Rivier to the Mosselbay, at the 
 
 Superintendant's H. Abue, 4 hours. 
 
 7. From the Mosselbay to the Post in the Oute Ni- 
 
 qualand, at the Overseer's, S. Fend, 4 hours. 
 S. From the said Post to the Zwarte Rivier at S. J. 
 
 Weyers', 5 hours. 
 9. From the Zwarte Rivier to the Knysna, at Mr. 
 
 G. Rex's, 4 hours. 
 
 10. From the Knysna to the Post in Plettenbergs 
 
 Bay, at the Superintendant's, J. F. Meeding, 
 4 hours. 
 
 1 1 . From the said Post into the Mountains under taken 
 
 by Messrs. Rex and Meding, 4 hours. 
 
 12. From the last mentioned Mountains to the Lange 
 
 Kloof, Steph. Ferreira's, Hs. 4 hours. 
 
 13. From the Lange Kloof to the Kromme Rivier, 
 
 at Petrus Ferreira's, Ps. 4 hours. 
 
 14. From the Kromme Rivier to the Cauga, at J. L. 
 
 Rautenbach's, 4^ hours. 
 
 15. From the Cauga to the Gamtous Rivier, at Jan 
 
 Meyer's, 5 hours. 
 y K2
 
 102 
 
 16. From the Gamtous Rivier to the Van Staden's 
 
 Rivier, at J. S. van Niekerk's, 5 hours. 
 
 17. From the Van Staden's Rivier to the Drostdy of 
 
 Uitenhage, 3 hours. 
 
 18. From the Drostdy of Uitenhage to the Zoutpan's 
 
 Nek, at G. Stolts', 12 hours. 
 
 19. From the Zoutpan's Nek to the Zondags Rivier, 
 
 at F. P. GreefFs, 8 hours. 
 
 20. From the last mentioned higher up to the Zon- 
 
 dags Rivier, at F. J. du Preez's, 5 hours. 
 
 21. From that to the Drostdy of GraafF-Reinet, 5 
 
 hours. 
 
 Proclamation by His Excellency Du Pre, Earl of 
 Caledon, Viscount Alexander, and Baron 
 
 Caledon, of Caledon, frc. 
 
 WHEREAS by a Proclamation dated 14th February 1798, 
 issued by Lord Macartney, it was directed, that it shall 
 not be lawful for any Person to remove from one District 
 to another, in order to settle there, without his having 
 previously taken out the usual Certificate from the Ma- 
 gistracy of the District in which he intends to settle, in 
 order to be registered there, but also to the Veldwacht- 
 meester of his Circuit, on a penalty of 150 Rix-dollars, 
 to be forfeited on behalf of the Treasury of the District 
 in which such a Person is found not to have complied 
 with the present order within three Months after his 
 settling there. 
 
 And whereas I am informed, that in the aforesaid 
 manner several Inhabitants have actually settled in Dis- 
 tricts to which they, according to their Certificates, do 
 not belong; such Inhabitants are therefore also directed 
 and required to comply with the present Order, within 
 three Months after the publication, on the penalty of 
 the said Fine to be forfeited as aforesaid. 
 
 And whereas new and additional inconveniences have
 
 103 
 
 been found from Inhabitants, even in the same District, 
 moving from one part thereof to another without notice 
 to the Landdrost, or Certificate from him, with their 
 Cattle, either upon pretences of rain having fallen, or 
 of a better supply of food for the Cattle, or to avoid the 
 incursions of plunderers, It is therefore hereby further 
 ordered and directed, that no Individual shall remove his 
 Residence or drive his Cattle, except to Lands of his 
 own held by title under Government without notice to 
 the Landdrost, and a Certificate of his permission so to 
 do, under a like penalty of JoO Rix-dollars, except in 
 cases of extreme necessity, and of which necessity the 
 said Person or Persons so removing their Habitation or 
 Cattle, shall give notice to the nearest Field-Cornet or 
 Landdrost, as soon as possible, in all cases within four- 
 teen days of such removal. The Field-Cornet is hereby 
 ordered to communicate the same to the Landdrost as soon 
 possible. And it is hereby declared and ordered, that if 
 the Landdrost sees good cause to doubt the veracity of the 
 fact alleged, or does not see in it good and sufficient cause 
 for such removal, he shall transmit the same to me or to 
 the Governor for the time being 1 , with his observations and 
 remarks rhereon ; and if I concur in the opinion of the 
 Landdrost, the said penalty of 150 Rix-dollars shall be 
 sued for in the Courts of Landdrost and Heemraden, who 
 are hereby empowered to take cognizance of the causes 
 herein alluded to, and if recovered shall be paid into 
 the Treasury of the District, for the benefit thereof. 
 
 Given under my Hand and Seal, at the Cape of Good 
 Hope, this 24th day of A.ugust, 1810. 
 
 (Signed) Caledon. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary.
 
 104 
 
 Proclamation by His Excellency Du Pre, Earl of 
 Caledon, Viscount Alexander, and Baron 
 
 Caledon, of Caledon, 8fc. 
 
 WHEREAS upon the Authority of the Parliament of 
 Great Britain and Ireland, supported by the united 
 testimony of the Colleges of London and Edinburgh, 
 it is no longer subject to any doubt that Vaccination is 
 an infallible preservative against the infection of that 
 destructive disease the Small Pox, the fatal effects of 
 which the Inhabitants of this Colony have repeatedly 
 experienced during the last Century ; and 
 
 Whereas the existence of such preservative, by rea- 
 son of the remoteness of this Colony, cannot be of 
 any utility, unless the Vaccine Disease be perpetually 
 at hand, in order that immediate recourse may be had 
 to it, whenever the Small Pox may appear, a circum- 
 stance which in spite of the most careful precautions, 
 cannot at all times be avoided ; and 
 
 Whereas the means which have hitherto been em- 
 ployed for the preservation and continuance thereof, 
 have proved fruitless, and the same have notwithstand- 
 ing been entirely lost ; and 
 
 Whereas the obtaining of the Matter being subject to 
 so much uncertainty, it must be considered as a singu- 
 lar benefit, when, of the many trials made for procu- 
 ring it, any one should happen to succeed ; and 
 
 Whereas I have at last, after much trouble and dif- 
 ficulty, succeeded in establishing the Genuine Vaccine 
 Disease, the beneficial effects of which it is my wish 
 to impart to the Inhabitants of this Colony, in such 
 manner that, without interruption, there may at all times 
 be found an infallible preservative against infection, 
 should the Small Pox eventually make its appearance, 
 and thus the recurrence of that mortality, which 
 heretofore desolated so many Families, be prevented. 
 
 I have therefore judged it expedient to order and
 
 105 
 
 direct, that the introduction of the Vaccine Disease to 
 the Public shall be subject to the following Regula- 
 tions, which have appeared to me the best adapted to 
 prevent any adulteration of the Matter, and to insure 
 its continuance in Ihis Colony : 
 
 1st. That an Istitution be established for the purpose 
 of conducting the Process of Vaccination, under the 
 management of a Director, aided by two Vaccinating 
 Surgeons, forming together a Committee for the same. 
 2d. That no person whatsoever shall be at liberty to 
 inoculate, except the before-mentioned Committee un- 
 less expressly authorised by me, on pain of a penalty 
 of 100 Rix-dollars ; one third of which to be paid to the 
 Informer, whose name, should he desire it, shall more- 
 over be concealed. 
 
 3d. That the principal object being to perpetuate 
 this Disease, the Committee shall take care that there 
 be always some person or persons under its influence ; 
 it being left to the said Committee to form, under my 
 approbation, such Regulations as to them may appear 
 requisite. 
 
 4th. That immediately after the publication hereof, 
 the Wardmasters shall, each in his Ward, take down 
 the names of all Persons (Infants not excepted) in 
 their respective Wards, who have not regularly under- 
 gone this Disease, and transmit Lists of the same, 
 within fourteen days at farthest, to His Majesty's Fis- 
 cal ; which Lists must contain, together with the 
 names of the Persons, their quality and age, Slaves 
 included. 
 
 5th. That the Wardmasters are particularly to in- 
 quire, and to express on their Lists, all such Persons 
 who, either for themselves (or others under their care) 
 have manifested a wish to avail themselves of this 
 advantage. 
 
 6th. That the said Lists being received, they are to
 
 106 
 
 be forwarded to the Committee, in order that 
 may regulate, under my approbation, in what manner 
 the Vaccination shall successively take place ; of which 
 regulation information shall be given to His Majesty's 
 Fiscal, for the purpose of enabling him, as far as re- 
 gards his Department, to take care that the same be 
 properly complied with. 
 
 7th. That the Committee shall advertise monthly, 
 in the Cape Gazette, the place, day, and hour, at 
 which Vaccination is to be performed during that 
 period; on which occasion, His Majesty's Fiscal shall 
 make known to each ward, through the medium of the 
 respective Wardmasters, what Persons are to appear 
 at the appointed time and place for the before-men- 
 tioned purposes. 
 
 8th. That the Persons so vaccinated shall receive 
 the necessary Instructions from the Committee relative 
 thereto, and particularly with regard to their punctual 
 attendance before them, which they will be required 
 strictly to observe. 
 
 9th. That a List of all such vaccinated Persons shall 
 Be transmitted monthly to the Colonial Secretary's 
 Office, of which a Copy is to be forwarded to His 
 Majesty's Fiscal, in order that the same may be com- 
 municated to the respective Wardmasters, who shall 
 be obliged to keep a due account of each Person so 
 vaccinated. 
 
 10th. That the Wardmasters shall, besides the Lists 
 formed and sent by them to His Majesty's Fiscal, con- 
 tinue to keep a Register of the Names of all Persons 
 not vaccinated who may come to reside in their Wards 
 subsequent to this time, as also a List of all the Chil- 
 dren successively born in their Wards ; the same use to 
 be made of those Lists as of those specified in Article 4. 
 
 llth. That as soon as the Vaccine Disease has been 
 established on a regular footing in Cape Town, the
 
 107 
 
 same shall be extended to the Country Districts ; when 
 such Regulations will be adopted for that purpose, as 
 may appear to be necessary ; the Inhabitants of the 
 Country Districts being in the mean time at liberty to 
 take up a temporary residence in one of the Wards of 
 Cape Town, in order to be able to avail themselves the 
 more, speedily of the ad vantages of this Institution. 
 
 And that no Person may remain ignorant of what is 
 intended by these presents for the public good, it is 
 further directed, that this Proclamation shall be pu- 
 blished and affixed in the usual manner. 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 23d day of April, 1811. 
 
 (Signed) Caledon. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation by His Excellency Du Pre, Earl of 
 Caledon, Viscount Alexander, and Baron 
 
 Caledon, of Caledon, 8fc. 
 
 WHEREAS much inconvenience and irregularity has 
 been found to arise not only from the vast extent of the 
 Drostdy of Swellendam, but from the situation of the 
 residence of its Magistrate, and the seat of its Court 
 of Heemraden, which, instead of being central with 
 respect to the dwellings of the Inhabitants, are 
 fixed at one end of this extensive province ; and whereas 
 the great increase of population in this large tract of 
 country renders it impossible for its Magistrate to at- 
 tend to the various duties required of him, for these 
 reasons, and in order that the Laws and Regulations 
 of the Settlement may hereafter be more properly en- 
 forced, I have deemed it advisable to make a new 
 Division of this part of the Colony, by separating from
 
 108 
 
 the Drostdy of Swellendam all that part thereof which 
 lies to the Eastward of the Ghamka or Gaurits River, 
 and adding thereto such part of the Drostdy of Stel- 
 lenbosch as is hereinafter described : I do therefore, 
 by virtue of the Power and Authority in me vested, 
 direct, order, and make known as follows : 
 
 1st. A new Drostdy shall be formed from that part of 
 the Drostdy of Swellendam which lies to the Eastward 
 of the Ghamka or Gaurits River. 
 
 2d. The new Drostdy shall, in honor of our Most 
 Gracious Sovereign, be called George's Drostdy. 
 
 3d. George's Drostdy comprehends the Field-Cor- 
 netcies of 
 
 1. Over the Gaurits River. 6. Behind the Lange Kloof. 
 
 2. Outeniqua Land. 7. The Oliphant's River. 
 
 3. Plettenberg's Bay. 8. Above the Oliphant's River. 
 
 4. The Attaqua's Kloof. 9. The Cango. 
 
 5. Before the Lange Kloof. 
 
 4th. Swellendam Drosdy will comprise in future the 
 follownig Field-Cornetcies : 
 
 1. Swellendam. 12. Duivenhok's River. 
 
 2. Klippe River. 13. Vette River. 
 
 3. Potteberg. 14. Valsch River. 
 
 4. Karsse River. 15. Kars Rivier. 
 
 5. River Zonder End. 16. Zoetendal's Vallei. 
 
 6. Boschjesveld. 17. Zwarteberg. 
 
 7. Before Cogman's Kloof. 18. Behind the Zwarteberg. 
 
 8. Behind Cogman's Kloof. 19. Uilenkraal. 
 
 9. The Great Zwarteberg. 20. Bot River. 
 
 10. Behind Great Zwarteberg. 21. Palmiet River. 
 
 11. TheTradouw. 
 
 5th. The divisions of the Drostdies of Stellenboscli 
 and Swellendam is to be the Steenbrazen Rivier to its 
 source, from whence an ideal line is to run to Baviaars 
 Kloof, enclosing the Lesser Houwhoek and Baviaanp 
 Kloof in the Swellendam Drostdy.
 
 6th. All Places situated to the Westward of this line, 
 although they may heretofore have formed part of some 
 of the Field-Cornetcies above specified, are to remain 
 attached to the Drostdy of Stellenbosch. 
 
 7th. The Secretaries of Swellendam and George's 
 Drostdy will as soon as possible, take an account from 
 the Books of the Drostdies of Stellenbosch and Swel- 
 lendam, of all the Places and Erven by the present ar- 
 rangement attached to their respective Drostdies. 
 
 8th. The payment of the usual Taxes by the Inha- 
 bitants of the Swellendam and George Drostdies shall 
 be made for the year 1812, at the Residences of the 
 respective Landdrosts. 
 
 9th. The Residence of the Landdrost of George's 
 Drostdy is to be at the Government Post, at the Oute- 
 niqualand, where, in addition to the present Buildings, 
 directions will be given for the erection of such as are 
 further necessary. 
 
 10th. The nomination of the Members of the Board 
 of Heemraden for George's Drostdy will be made as 
 soon as possible. 
 
 llth. The Landdrost and Heemraden of Swellendam 
 are hereby directed, at their first meeting, to recom- 
 mend new Members for their Board, to succeed those 
 who by the present arrangement will no longer be 
 Inhabitants of that Drostdy. 
 
 12th. A Deputy Landdrost for the Drostdy of Swel 
 lendam will be appointed, whose residence is to be at 
 the Zwartebergs Baths. 
 
 And it is hereby further directed, that this present 
 Proclamation shall be published and affixed as usual, 
 in order that no one may plead ignorance thereof. 
 
 Given under my Hand and Seal, at the Cape of Good 
 Hope, this 23d day of April 1811. 
 
 (Signed) Caledon. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary.
 
 110 
 
 Proclamation by His Excellency Lieutenant- General 
 Sir John Francis Cradock, &c. &c. 
 
 WHEREAS it has been represented to me by the Land- 
 drosts of Graaff-Reinet and Uitenhage, that notwith- 
 standing the repeated promises of several of the Petty 
 Caffre Chiefs wandering in the Zuureveld, to return to 
 their own Country, over the Great Fish River, they still 
 continue to annoy the Inhabitants of those remote 
 Districts, and to plunder the Farmers to a very great 
 extent ; and that they have in several recent instances 
 atrociously murdered His Majesty's Subjects whom 
 they fell in with. 
 
 Now, in order to put a stop to these calamities, I 
 have authorised the Landdrosts of Graaff-Reinet and 
 Uitenhage, to assemble a Commando for the purpose of 
 driving these Marauders out of their Districts, over the 
 Great Fish River, the acknowledged boundary of this 
 His Majesty's Settlement. And I have thought proper 
 to send a Military Force under Lieutenant-Colonel J. 
 Graham, of the Cape Regiment, to support the same, 
 having appointed that Officer Commissioner for all 
 Civil and Military Affairs within the Drostdies of 
 Graaff-Reinet, Uitenhage, and George. 
 
 These are therefore to give notice, that from and after 
 the promulgation of these presents, which shall take 
 place as soon as the aforesaid Commissioner Lieut. - 
 Colonel J. GRAHAM shall arrive at the Drostdy of 
 Uitenhage, Martial Law shall be in force within the 
 Drostdies of Graaff-Reinet, Uitenhage, and George, for 
 all such cases as shall be connected with the assembling 
 and conducting the Commando aforesaid, and shall 
 continue till the object thereof be accomplished, of 
 which the aforesaid Commissioner duly authorised by 
 me shall give public notice, but without prejudice to 
 the usual course of Law in all other matters whatso- 
 ever, as if this Proclamation had not been issued.
 
 And that no Person may plead ignorance hereof, I 
 have thought proper to direct, as I do by these presents, 
 that besides the usual mode of making known the 
 same, each Field-Commandant and Field-Cornet shall 
 be furnished with a Copy hereof. 
 
 This done at the Castle of Good Hope, this 8th day 
 of October 1811. 
 
 (Signed) J. F. Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation (*) by His Excellency Lieutenant- General 
 Sir John Francis Cradock, &c. &c. 
 
 WHEREAS by a Proclamation bearing date the 29th 
 September 1809, it was made known, that His Majesty, 
 being duly authorised thereto by Act of Parliament, 
 had been graciously pleased to take into consideration 
 the state of the Trade of this Settlement, and to pass 
 an Order in Council for the better regulation thereof, 
 and for imposing certain Duties upon all Goods, 
 Wares, and Merchandise, not of the growth, produce, 
 and manufacture of the United Kingdom of Great 
 Britain and Ireland, which Duties are by the Procla- 
 mation aforesaid, directed to be rated and levied on the 
 value of such Goods, Wares, and Merchandise ; and 
 whereas it appears to have been the intention of His 
 Majesty in Council, that the Duties so payable to His 
 Majesty should be rated and collected in a manner 
 different from that which had been heretofore estab- 
 lished in this Settlement. 
 
 Be it therefore ordered and made known, that from 
 and after the date of these presents, all Duties to be 
 levied upon the importation of Goods, Wares, and 
 
 ( 2 ) Vide infra, Proclamation, 20th November 1812.
 
 112 
 
 Merchandise, into the Ports of this Government, not of 
 the growth, produce, and manufacture of the United 
 Kingdom of Great Britain and Ireland, shall be taken 
 and considered at the value of the same at this place, 
 without any abatement or deduction whatsoever, except 
 of so much as the Duties payable on the importation 
 thereof by the Authority aforesaid shall amount to. 
 
 And it is hereby further directed, that the value of 
 such Goods, Wares, and Merchandise, upon which 
 Duties are to be levied, collected, and paid, as afore- 
 said, shall be ascertained by the declaration of the 
 Importer or Proprietor of such Goods, or his known 
 Agent or Factor, in the manner and form following : 
 " I, A. B. do hereby declare, that the Goods 
 " mentioned in this Entry and contained in the 
 " Packages (here specifying the several Packages, 
 " and describing the several marks and numbers, 
 " as the case may be), are of the growth, pro- 
 " duction, or manufacture (as the case may be) 
 
 "of and that I am the Im- 
 
 " porter and Proprietor thereof, or that I am duly 
 " authorised by him (as the case may be), and I 
 
 " do enter the same at the value of 
 
 " Witness my Hand, the day of 
 
 "A. B." 
 " The above Declaration signed the day of. . . . 
 
 " in the presence of 
 
 "C. D. Collector, 
 "E. F. Comptroller," 
 or other principal Officer. 
 
 Which Declaration fchall be written on the Warrant 
 of Entry of such Goods, Wares, or Merchandize, 
 and shall be subscribed with the hand of the Importer 
 or Proprietor, or his known Agent or Factor, in the 
 presence of two of the principal Officers of the 
 Customs, who shall certify the same under their
 
 113 
 
 hands, and such Declaration shall be in every re- 
 spect binding on the Importer or Proprietor of such 
 Goods, Wares, and Merchandise ; and if upon view 
 and examination of such Goods, Wares, and Mer- 
 chandize, by the proper Officer or Officers of the 
 Customs, it shall appear to him or them that they are 
 not valued according to the true price thereof, and ac- 
 cording to the true intent and meaning of this Procla- 
 mation, then the proper Officer or Officers shall detain 
 such Goods, Wares, and Merchandize, and cause 
 them to be properly secured, and take them for the 
 use and benefit of His Majesty, and cause the said 
 Goods, Wares, and Merchandize to be publicly sold, 
 on account of His Majesty ; and at the expiration of 
 three months from the date of the sale, the Collector 
 of His Majesty's Customs shall pay, or cause to be paid, 
 to the Proprietor or Importer aforesaid, the value 
 thereof so ascertained, as aforesaid, together with an 
 addition of 10 per Cent, thereon, without any other 
 allowance, charge, or expence whatsoever, which pay- 
 ment so made to the Proprietor or Importer of such 
 Goods, Wares, Merchandize, shall be in full satis- 
 faction for the same to all intents and purposes what- 
 soever. 
 
 And it is hereby further ordered and directed, that 
 in case there shall be any overplus remaining from the 
 produce of such sale, alter deducting the value so as- 
 certained as aforesaid, together with the addition of 10 
 per Cent, thereon, and of the Duties paid on the im- 
 portation, and of the Charges arising from the ware- 
 housing and sale of such Goods, Wares, or Merchan- 
 dize, the Collector of His Majesty's Customs shall be 
 authorised to cause a moiety of such overplus to be paid 
 to the several and respective Officers of the Customs 
 concerned in the view and examination of such Goods, 
 Wares, and Merchandize, as an encouragement for the 
 faithful discharge of their duty ; and the Collector of 
 
 L2
 
 114 
 
 His Majesty's Customs shall cause the remaining 
 moiety, together with the amount of the usual Duties 
 of the aforesaid Goods, Wares, and Merchandize, to 
 be paid to His Majesty's Receiver-General, together 
 with the amount of the Collections made in his De- 
 partment as usual. 
 
 And whereas doubts have been expressed as to the 
 manner in which the Duties upon Foreign Goods, 
 Wares, and Merchandize, exported from the Ports of 
 this Government, should be rated and collected, it is 
 therefore hereby ordered, by virtue of the Power and 
 Authority in me vested, that henceforward all such 
 Export Duties, payable upon the value of any Foreign 
 Goods, Wares, or Merchandize to be exported, shall 
 be taken and considered precisely upon the same prin- 
 ciples which are herein directed for the levying of all 
 ad valorem duties upon Goods, Wares, and Merchan- 
 dize, imported as above described. (*) 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 9th Day of October 1811. 
 
 (Signed) J. F Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Government Advertisement. 
 
 His Excellency the Governor has been pleased to 
 direct the enclosed Copy of a Letter from His Ma- 
 jesty's Law Officers in England to the Right Hon. the 
 Earl of Liverpool, one of His Majesty's Principal 
 Secretaries of State, to be made public for general 
 information. 
 
 Castle of Good Hope, 29th May 1812. 
 By Command of His Excellency the Governor, 
 (Signed) H. Alexander, Secretary. 
 
 ( l ) Vide iafra r Proclamation, 5th August 1814,
 
 115 
 
 Copy. Doctors Commons, 18th Dec. 1811. 
 
 May it please your Lordship, 
 
 We are honored with your Lordship's Letter of the 
 23 ult. referring to a former Communication respecting; 
 Doubts which have been excited at the Cape of Good 
 Hope, on the validity of certain Marriages solemnized 
 there by a Person styling himself Dr. Halloran, and 
 signifying the Commands of His Royal Highness the 
 Prince Regent, that we would state our opinion on the 
 validity of such Marriages, for the purpose of removing 
 any Doubt that may still exist, and quieting the minds 
 of the Inhabitants thereon. 
 
 In obedience to your Lordship's directions, we have 
 considered the same, and are humbly of opinion, on 
 all the circumstances of the case, that the Marriages 
 solemnized at the Cape by the person officiating as a 
 Clergyman, under assumed or forged Orders, cannot 
 be vitiated or invalidated in any manner by the Defect 
 of the Holy Orders of Priesthood imputed to him. 
 We have the honor to be, 
 
 i C. Robinson. 
 (Signed) > P. Gibbs. 
 
 ^T. Plumer. 
 
 Lin. Inn, Dec. 17, 1811. 
 The Earl of Liverpool, &c. &c. &c. 
 
 Proclamation by His Excellency Lieutenant General 
 
 Sir John Francis Cradock, &c. &c. 
 WHEREAS experience, during the last Contagion of the 
 Small Pox, has confirmed in the most convincing man- 
 ner, the Inoculation of the Cow Pox, under the bles- 
 sings of Divine Providence, it is not only a safe, but 
 the only remedy to preserve this Colony from the 
 ravages of that dreadful Disorder, and whereas the 
 prejudicial consequences of that Disease must have an 
 essential influence on the encreasing prosperity of this
 
 116 
 
 Colony, I have therefore judged proper, for the better 
 security of the continuance of the Vaccine Matter, 
 over and above the Regulations prescribed by the Pro- 
 clamation of the 23d April 1811, further to order and 
 direct, as I hereby order and direct accordingly : 
 
 1. That the Wardmasters shall not only, agreeably 
 to the 10th Article of the said Proclamation, keep a Re- 
 gister of the Names of all Children successively born 
 in their respective Wards ; but shall besides be obliged 
 to forward every months an accurate List from the same 
 to His Majesty's Fiscal, for the purpose of keeping a 
 proper Register thereof in his Office ; and in order the 
 better to ensure the effect of this Regulation, every 
 Housekeeper, or Head of a Family, shall be obliged to 
 report to the Wardmaster, within the space of 48 
 hours, the Birth of every Child, on a penalty of 100 
 Rds. for each offence. 
 
 2. That His Majesty's Fiscal shall, from time to 
 time, require such a number from those Children as 
 the vaccine Committee shall think necessary should be 
 vaccinated, which requisition every Person shall be 
 obliged punctually to comply with, on pain of being 
 considered as Opposers of the Orders of Government, 
 and as such punished according to Law. 
 
 3. That every Person shall be obliged, under a like 
 penalty, to produce his or her Child, the eighth day 
 after the operation has been performed, to the Vaccine 
 Institution, at their usual place of Meeting, for the 
 purpose of being examined and registered; as also, 
 should it be deemed necessary, to take the Matte^ 
 from such Child, for the further Vaccination of others. 
 
 4. That, agreeably to the 2d Article of the said 
 Proclamation of the 2 3d April, 1811, no Person whom 
 soever, excepting the said Committee, unless expressly 
 authorised by me, shall be at liberty to inoculate } 
 under the same penalty of 500 Rds. as is prescribed by
 
 117 
 
 the Proclamation of the 24th April, 1807, against 
 practising as a Doctor, Surgeon, or Apothecary. 
 
 5. That in case any Person may be hindered by un- 
 foreseen circumstances, from complying with the Or- 
 ders contained in the 2d and 3d Articles, such Persons 
 shall be obliged to address themselves to His Majesty's 
 Fiscal, by whom, after due examination, and with the 
 concurrence of the Vaccine Commitiee, the inpediments 
 stated shall be removed as far as possible if found to be 
 grounded, or otherwise such arrangements be made, 
 as they jointly shall deem reasonable, so as not to 
 evade the intention of this Proclamation. 
 
 And that no Person shall remain ignorant of what is 
 intended hy these presents for the public good, it is 
 further directed, that this Proclamation shall be pu- 
 blished and affixed in the usual manner. 
 
 Given under my Hand and Seal, in the Castle of 
 Good Hope, this 25th day of September, 1812. 
 
 (Signed) J. F. Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation by His Excellency Lieutenant -General 
 
 Sir John Francis Cradock, &c. &c. 
 WHEREAS it is become absolutely necessary, from the 
 increasing Population of this Colony, and the prospects 
 of its widely extended Commerce, that the greatest 
 regularity should prevail in the distribution and due 
 cultivation of all Lands that >et remain at the disposal 
 of Government. 
 
 And whereas it appears in many instances, that the 
 Landholders in the vicinity of their own Property, have 
 taken possession of, or cultivated, considerable portions 
 of Ground belonging- to the Crovvn, without any right 
 or claim thereto, mid in direct violation of the Procla-
 
 118 
 
 mations of successive Governments, on the I 5th Febru- 
 ary 1715, Article 25; the 1st February 1727, Article 
 45; and the llth October 1740, Article 45 ; as well as 
 by special Interdiction dated the 18th February 1732, 
 which Interdiction was declared in the most public 
 manner by a subsequent Advertisement of the 1st July 
 following. 
 
 And whereas it is indispensably required, that these 
 Laws should be maintained in full force, to insure the 
 general subsistence of the Settlement ; and that I may 
 be enabled to carry into effect the beneficial Instructions 
 I have received from His Majesty's Government : 
 
 I do therefore declare, order, and direct, that the 
 above recited ancient Laws of this Colony, be con- 
 sidered as in full power and operation, and respected 
 accordingly ; and that the violation of any of them be 
 followed by the forfeiture of the prescribed penalty of 
 Fifty Rds. and the confiscation, besides, of all the Pro- 
 duce on the Lands so unlawfully appropriated. 
 
 As, however, it is the anxious wish of His Majesty's 
 Government to manifest, that even in the necessary Im- 
 provements, and solid Establishment of this Colony, the 
 most paternal and scrupulous regard, where it is prac- 
 ticable, will be shown to the interests and private objects 
 of all Individuals concerned: and, as it is hoped, the 
 violation of the Laws in question may have proceeded 
 from inadvertence or error, rather than design, I have 
 resolved, trusting to indemnity from His Majesty's 
 Government, entirely to remit all existing Fines arid 
 Penalties arising out of the present view of the case; 
 and moreover, that all Persons may and shall enjoy the 
 fair and full fruits of their labour, anterior to the promul- 
 gation hereof. 
 
 But as these ancient Laws and Regulations of the 
 former Governments are now repeated mid promulgated 
 in the most public and solemn manner, and the good of
 
 119 
 
 the community at large requires, that no encroachments 
 upon the Crown Lands should any long-en remain ; and 
 as such practices are most injurious to all just Proprietors 
 and Claimants, it is expressly declared, and it is to be 
 clearly so explained by all the Magistrates, that this 
 remission of penalties, and exemption from confiscation, 
 shall not extend to any Person or Persons who do not 
 claim the benefit of this Proclamation within one year 
 after its promulgation, or apprize the Government of its 
 distinct property, and conform to the further Regulations 
 as hereafter specified. 
 
 It is therefore especially enjoined, towards the attain- 
 ment of these objects, that the true situation of every 
 Place, Erf, or other Lands, having a limited extent, 
 should, as soon as possible, be ascertained ; and all such 
 Landholders are hereby ordered, to cause conspicuous 
 Beacons to be placed at the Angles of their respective 
 Properties, not only to distinguish their own Boundaries, 
 but to enable the Magistrates, or other Official Persons, 
 to make correct Reports to Government, whenever this 
 subject may be referred to them. And in case this Order 
 is neglected, the necessary measures will be taken by 
 Government, at the expence of the offending Parties, for 
 carrying it into effect, as the due execution is equally 
 required to ascertain the rights of Individuals, as those 
 of the Crown, and thereby avoid in future all confusion 
 in Private as well as Public Property. 
 
 That the beneficient intentions of the Government 
 may be accomplished in the fullest manner, and as there 
 is no other view in these measures but to unite the 
 Public and Private Interests, it is further declared, that 
 all Persons who have incautiously cultivated Lands 
 belonging to the Crown, shall be at liberty, pursuant to 
 the tenor of the above quoted Interdiction of the 18th 
 February 1732, to apply to the Government for a grant 
 on Quitrent, of such Ground as may be required for thq
 
 120 
 
 improvement or fair extension of their present Property ; 
 and, after due investigation, the most equitable and 
 liberal attention will be paid to their representations. 
 And that nothing- may be wanting to prove the indul- 
 gence and forbearance of Government, least the imme- 
 diate assumption of its right should injure a single 
 Farmer who does not wilfully transgress, it is further 
 announced, that all such Landholders will not be inter- 
 rupted in the exercise of their Industry, during- the 
 ensuing year, and the enjoyment of the full benefit of 
 the labour bestowed on these Grounds. 
 
 It is moreover declared, that all Persons who may in 
 future apply for the Lands of Government, will not 
 obtain any remote Ground, before they have acquired a 
 leg-al Tenure to all such Lands as they may have already 
 cultivated in the immediate vicinity of their own Pro- 
 perty, with the exception however of " New Places ;' 
 provided at the same time, that the application for such 
 ' New Places" be not made with the view of evading 
 the general intentions. 
 
 All these Regulations are no more than the recital of 
 the already stated Enactments for a century past ; and if 
 they were thought suitable at those early periods of the 
 Settlement, how much more required are they now, in 
 the present prosperous and advanced state of the Colony, 
 where Land is of rapidly encreasing- value every day ; 
 and, in proportion, the most legal security should be 
 given to property, and the inestimable advantage insured 
 of its lawful transmission to the Posterity ot the present 
 Occupants. 
 
 The first step to attain these ends, is to remove every 
 doubt and uncertainty as to Tenure, and to fix all Per- 
 sons in just and undisputed rights. 
 
 The respective Landdrosts and Magistrates are there- 
 fore called upon to explain the principles upon which 
 the Government proceeds, as well as to exact a strict
 
 121 
 
 conformity to the prescribed Regulations. The prompt 
 and active obedience to the full spirit, as well as letter, 
 of the Law, on the part of the Applicants for the Lands 
 in question, will open the surest road to obtain a favour- 
 able result to their representations ; and they may feel 
 assured, from the consideration and sacrifices now made 
 that the Government, though in assertion of their rights, 
 and the due support of their numerous dependent Esta- 
 blishments, will never injuriously maintain even the 
 Public Interest, against a reasonable Claim of the In- 
 dividual. 
 
 And that no Person may plead ignorance hereof, this 
 shall be published and affixed as usual. 
 
 Given under my Hand and Seal, in the Castle of 
 Good Hope, this 16th day of October, 1812. (*) 
 
 (Signed) J. F. Cradoek. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary, 
 
 Proclamation by His Excellency Lieutenant- General 
 Sir John Francis Cradock, $*c. fc. 
 
 WHEREAS by a Proclamation bearing date the 29th day 
 of September, 1809, ( 2 ) as well as a subsequent Pro- 
 clamation of the 9th October, 181 l,( s ) it was ordered 
 and directed, that a Duty of 10 per Centum should be 
 levied upon all Goods, Wares, and Merchandize, not of 
 the growth, produce, or manufacture of Great Britain 
 or Ireland, imported into this Settlement from any part 
 of His Majesty's Dominions, in British built Vessels, 
 owned and navigated as by Law directed ; such Duty 
 
 (') Fide infra Government Minute, 23d July, 1813, and 6th August, 
 1813. 
 
 ( 5 ) Vide supra p. 97. 
 
 ( 3 ) Vide supra p. 111. 
 
 M
 
 122 
 
 to be rated and levied as directed by the Proclamation 
 of the 9th October 1811. 
 
 And whereas it appears to me, that levying said Duty 
 of 10 per Cent, upon such Cotton Wool as may be im- 
 ported into this Settlement in the manner before speci- 
 fied, and intended for re-exportation to the United King- 
 dom of Great Britain and Ireland, is injurious to the 
 Manufacturing Interests thereof: 
 
 I have thought proper to direct, and by these presents 
 do hereby order and direct, that from and after the date 
 hereof, a Duty of 3 per Cent, shall be levied upon all 
 Cotton Wool that may be imported into this Colony for 
 re-exportation to Great Britain or Ireland, or such as 
 may be transhipped upon British-built Vessels, owned 
 and navigated according to Law : provided, nevertheless, 
 that such Cotton Wool be kept under the Keys of the 
 Collector of His Majesty's Customs, until such tran- 
 shipment or re-exportation shall take place, to, and in 
 the manner before stated. 
 
 And I further order and direct, that the said Duty of 
 3 per Cent, be rated and levied as directed by the afore- 
 said Proclamation of the 9th October 1811. 
 
 Given under my Hand and Seal, in the Castle of 
 Qood Hope, this 20th day of November 1812. 
 
 (Signed) J. F. Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation by His Excellency Lieutenant General 
 
 Sir John Francis Cradock Sfc. 8fc., ( a ) 
 WHEREAS I have had under consideration the establish- 
 ment of certain prescribed Regulations, as well for the 
 guidance of the Servants of the Government, as those 
 
 Vide infra, Government Advertisement, 10 Nov. 1836.
 
 123 
 
 Individuals, who are, or may hereafter be, concerned 
 in the selling of Timber in the Forests bordering on 
 Plettenberg's Bay, with a view to bring into account the 
 remote and hitherto unfrequented Parts of these Woods, 
 to abolish the present wasteful practices, and to give 
 time to the almost exhausted Tracts in the neighbour- 
 hood of the Bay to regenerate : I hereby order and 
 direct, that the Tract of Woods lying between the 
 Knysna and Keurbooms Rivers, be hereafter reserved 
 exclusively for the purposes of Government ; and I do 
 hereby empower the Magistrates and others^in authority, 
 to proceed according to Law, against any Person or 
 Persons who may, after the publication of this Pro- 
 clamation, be found encroaching within the limits of 
 the Tract above specified. 
 
 And whereas it has been represented to me, that the 
 Timber in the extent of Forests to the Southward of 
 the Pont (Pass,), comprehending about one-third of 
 the Tract ordered to be reserved for the purposes of 
 Government, is nearly exhausted from the facility of 
 access, and its contiguity to the Bay : It is therefore my 
 intention to shut up this space altogether ; but this re- 
 striction will not actually take effect,until the Contractors 
 have fulfilled their existing obligations to Government, 
 that every facility may be afforded to expedite the sup- 
 ply of Timber required to meet the present demands 
 of the Naval, Military, and Colonial Departments, 
 but all Persons entering into future Contracts with the 
 Departments of Government, are positively prohibited 
 from employing Wood Cutters to the Southward of the 
 Pont (Pass), but must restrict them to the tract of 
 Wood to the Northward of the said Pass. 
 
 And whereas I am willing to remove any appre- 
 hended deficiency of Timber, to meet the demands of 
 the Public, as well in Cape Town as the Interior of 
 the Colony, I judge it proper to allot to all Persons 
 engaged in speculations for the supply of Timber, tho
 
 free use of the extensive Tract of Forest situated to 
 the Westward of the Kaaymans River, at present 
 preserved to Government, subject to the Regulations 
 and Restrictions hereafter mentioned : 
 
 1st. That no Individual be allowed to fell Timber 
 without having previously obtained a Licence so to do, 
 which he is to present to the Overseer, prior to his 
 making the least attempt to benefit from the same, 
 under a penalty of 100 Rds. 
 
 2d. That no person shall proceed to the Forests 
 without having previously obtained a Permit from the 
 Overseer, and having specified to him the number and 
 the names of the Persons who are intended to be em- 
 ployed by him in the Woods, under a penalty of 
 100 Rds. 
 
 3d. No Trees are to be felled but uponthe spot point- 
 ed out by the Overseer, under the penalty of 100 Rds. 
 
 4th. That no Person be permitted to fell any sort of 
 Timber, but such as is specified in his Licence, under 
 a penalty of 100 Rds, and confiscation of the Timber. 
 
 5th. No Individual to be allowed to dispose of any 
 Timber that he has felled in consequence of his Licence, 
 before the same has been carried out of the Forest, and 
 inspected by an Overseer ; nor shall any Person be al- 
 lowed to fell Timber upon the Licence of another, under 
 the penalty of 100 Rds. and confiscation of the Timber. 
 
 6th. That any one, black or white, who shall be 
 found in the Forests without the knowledge of the 
 Overseer, shall be seized upon, conveyed to the Drost- 
 dy of George, and confined on bread and water for the 
 term of six weeks. 
 
 Given under my Hand and Seal, in the Castle of 
 Good Hope, this 20th day of November 1812. 
 
 (Signed) J. F. Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary.
 
 125 
 
 Government Advertisement. 
 
 His Excellency the Governor has been pleased to direct, 
 that from and after the 1st January next, the felling 
 and removal of Timber, in and from the Crown Forest 
 Lands, in the District of George, shall be subject to 
 the following Regulations, viz : 
 
 1. The Forest Lands shall be formed into two Divi- 
 sions, each to be under a Superintendent Overseer. 
 
 2. The first or Western Division, shall extend East- 
 ward from the Gauritz River to a North and South 
 Line passing through the Place Roode Muur, being 
 the Meridian of 23 10. East Longitude from Green- 
 wich. 
 
 3. The middle Division shall extend from the afore- 
 said Meridian, on the West, to the Boundary Line 
 which separates the District of George from that of 
 Uitenhage, on the East. 
 
 4. Each Superintendent shall be a Justice of the 
 Peace. 
 
 5. For each Load of Timber to be cut in the Forest 
 Lands, consisting of not more than seventy cubic feet, 
 there shall be paid Six Shillings Sterling. 
 
 6. The Civil Commissioner of George, by whom Li- 
 cences will be granted, the Superintendents, and all 
 Persons applying for and receiving Licences to cut 
 Timber, shall conform themselves to the annexed In- 4 
 structions for their guidance, respectively, viz. : 
 
 Jnstructions for Civil Commissioner. 
 1 . It shall be the duty of the Civil Commissioner, 
 to issue Licences, in the Form annexed, to all Persons 
 applying for the same, whether for themselves or for 
 other persons, on payment of Six Shillings Sterling 
 for each Load intended to be cut ; and he shall express 
 in the Licence the quantity of Loads required, and 
 shall address such Licence to the Superintendent of 
 the Division specified by the Applicant. 
 
 M2
 
 126 
 
 2. He shall transmit to the Colonial Secretary, at 
 the close of each Quarter, a Return of the Names of 
 the Persons in whose behalf Licences have been oranted 
 
 O 
 
 by him, and of the number of Loads licensed to be cut 
 during the Quarter. 
 
 Licence. 
 To the Superintendent of the Division of the 
 
 Crown Forests. 
 
 No. (* ) Licence to fell Timber, 
 Number of Loads. (* ) 
 
 Name and Description of Holder. (A. B. of , 
 
 in the Fieldcornetcy of , 
 
 in the District of .) 
 
 Office of the Civil Commissioner of , this 
 
 day of 
 
 (Signature) 
 
 Civil Commissioner. 
 
 * Number of the Licence and of the Loads of Wood to be written 
 in full. 
 
 Conditions on which Licence is issued, to be signed 
 
 in the presence of the Superintendent, to whom 
 
 it is addressed, by the Person in whose 
 
 name it is granted. 
 
 1. That no Load of Timber shall exceed Seventy 
 Cubic feet of Timber, lopped, but not dressed into 
 shape. 
 
 2. That the Superintendent shall have the right of 
 seizing any Timber in the Forest belonging to any 
 licenced Person who shall create any obstruction in the 
 Roads or Passages through the Forests by the lopping 
 of Timber felled by any such Licence-holder. 
 
 3. That the Superintendent shall have the right of 
 seizing any Timber attempted to be removed by any 
 licensed Person, before the Superintendent has in- 
 spected the same.
 
 127 
 
 4. That the Superintendent shall have the right of 
 seizing any Timber left in the Forest for future removal, 
 and which shall nol be removed at the time or times 
 appointed by him for such removal. 
 
 5. That the Superintendent shall have the right of 
 seizing any Timber converted, or undergoing the pro- 
 cess of conversion, into Planks, Fellies, or the like, 
 within the Forest, or upon the Outspan-places thereto 
 belonging. 
 
 6. That the Superintendent shall have the right of 
 fixing the places where the draught Cattle, brought for 
 the removal of Timber, may be outspanned ; and of 
 requiring from the licensed Persons a Return of the 
 number of such Cattle ; and of sending every head above 
 the number required to the nearest Pound, if they be 
 kept on the Outspan-places after due notice to remove 
 them. 
 
 7. That no licensed Person shall have the right of 
 allowing his draught Cattle to remain on the Outspan- 
 places for more than one week before the probable 
 time of removal of the Timber felled by him, should 
 the quantity be so considerable as to require a fort- 
 night or upwards for felling and removal. 
 
 8. That the Superintendent shall have the right of 
 seizing any Timber felled by any Person, or his Ser- 
 vants, not provided with a Permit to fell Timber, is- 
 sued by such Superintendent under a Licence. 
 
 9. That the Superintendent shall have the right to 
 declare all Timber seized by him in pursuance of his 
 Instructions forfeited to His Majesty, and to sell the 
 same for account of Government. 
 
 10. That every licensed Person shall be bound to 
 deliver his Licence to the Superintendent for permit 
 thereon, and, at the same time, to furnish such Super- 
 intendent with a List of the Names of every Individual 
 whom he intends employing to fell or remove the Timber 
 specified in such Licence.
 
 128 
 
 I bind myself to submit to, and comply with, all 
 the foregoing Conditions. 
 
 A. B. of Holder of the Timber 
 
 cutting Licence No. 
 
 C. D. 
 E. F. &c. 
 
 Instructions to Superintendents of Government 
 Forests. 
 
 1. As soon after his appointment as possible, the 
 Superintendent shall ascertain what Persons, if any, 
 have unlawfully established themselves within his Divi- 
 sion, and shall give such Persons notice to quit within 
 one Month, with leave to remove the Materials of any 
 Buildings erected hy them, nnd at the expiration of 
 such Month, he shall take steps, through the Clerk 
 of the Peace of the District, to procure the ejectment 
 of such Persons in due course of Law ; and shall in 
 his discretion, at all times, institute legal proceedings, 
 also through the Clerk of the Peace, against Persons 
 trespassing or doing damage, or who shall have tres- 
 passed or done damage within his Division. 
 
 2. The Superintendent shall ascertain the quantity 
 and the quality of the Timber growing within his 
 Division ; its situation, and the means of approach to 
 it, for the purpose of removal when felled. 
 
 3. He shall ascertain the Timber which from time to 
 time is most proper to be felled, and restrict the cut- 
 ting thereof to particular Tracts, which he shall point 
 out to licensed Persons. 
 
 4. He shall take the mest effectual means in his 
 power, to preserve the remaining portion of Timber, 
 until it becomes of a proper age to fell, so as to secure 
 a regular succession of Timber Trees for the Public 
 advantage.
 
 129 
 
 6. He shall take care that no Load of Timber shall 
 exceed seventy cubic feet of Timber : lopped but not 
 dressed into shape. 
 
 6. When only a small quantity of Timber is required 
 he shall take care that larger Trees than necessary are 
 not felled. 
 
 7. He shall take care that the Roads or Passages 
 through the Forests are not obstructed by the loppings 
 of Timber felled by licensed Persons ; and if he detect 
 any such Persons creating such obstruction as afore- 
 said, he shall seize any Timber in the Forest belonging 
 to them. 
 
 8. He shall take care that no licensed Person shall 
 remove any Timber before he, the Superintendent, has 
 inspected the same; and he shall seize any Timber 
 which shall be attempted to be removed before such 
 inspection. 
 
 9. In the event of any licensed Person having oc- 
 casion to leave Timber lawfully felled by him in the 
 Forest for future removal, each Log shall be identified 
 by Marks to be cut thereon both by himself and the 
 Superintendent, and the Superintendent shall appoint 
 the place where such Timber shall remain, and the 
 time or times when it shall be removed ; and he shall 
 be at liberty to seize such Timber, if not removed at 
 the time or times specified, if he shall think fit. 
 
 10. He shall not permit any Timber to be converted 
 into Planks, Fellies, or the like, within the limits of 
 his Division, or the Outspan-places thereto belonging,, 
 and shall seize any Timber so converted or undergoing 
 the process of conversion. 
 
 11. He shall fix the places within his Division, where 
 the draught Cattle brought by licensed Persons for the 
 removal of Timber may be outspanned, and shall re- 
 quire from those Persons a Return of the number of 
 such Cattle, and shall send every head above the num-
 
 130 
 
 ber required to the nearest Pound, if they be kept on 
 the Outspan-place after due notice of removal. 
 
 12. In case the quantity of Timber wanted by any 
 licensed Person be so considerable as to require a fort- 
 night, or upwards, for felling and removal the draught 
 Cattle for the conveyance thereof shall not be allowed 
 to remain on the Outspan-places for more than one 
 Week before the probable time of removal. 
 
 13. The Superintendent shall receive and retain in 
 his possession every Licence produced to him, and shall 
 require, the Person whose Name is inserted in it, to 
 sign the Conditions printed thereon in English and 
 Dutch ; and shall after such signature, issue his written 
 permission for the cutting of the number of Loads 
 mentioned in the Licence, the number and date of 
 which are to be inserted in such Permit : and if the 
 Superintendent detect any Person felling Timber with- 
 out such written Permission, he shall seize any Timber 
 which may have been felled by any Person or his Ser- 
 vants not having such Permit. 
 
 14. He shall sell all Timber seized by him, in virtue 
 of these Instructions, for ready Money, and render an 
 Account, and pay over the Proceeds to the Civil Com- 
 missioner, of the District at the close of each Quarter. 
 
 15. He shall prepare a Monthly Statement containing 
 the Names of Persons by whom Licences have been 
 produced to him ; the number of the Loads specified 
 in each Licence ; the number of Loads cut under each 
 Licence, or under Licences previously presented, but 
 not fully acted on ; and the quality and description of 
 the whole Timber cut during the Month, and shall 
 transmit the same, when prepared, to the Surveyor 
 General. 
 
 16. He shall require from each Licensed Person, on 
 production of his Licence, a List of the Names of every 
 Individual whom he may employ to fell or remove the 
 quantity of Timber specified in the Licence.
 
 131 
 
 17. The Superintendents will be held strictly respon- 
 sible to Government for the upright and impartial 
 exercise of the extensive powers hereby delegated to 
 them, combining all reasonable facilities to Persons 
 legally frequenting the Forests, with the protection of 
 the public interests committed to their charge. (*) 
 Colonial Office, Cape of Good Hope, 10th Nov. 1836. 
 By Command of His Excellency the Governor, 
 (Signed) John Bell, Sec. to Government. 
 
 Proclamation by His Excellency Lieutenant- General 
 
 Sir John Francis Cradock, &c. &c. 
 WHEREAS it has appeared to me, that Captains of 
 Vessels and Strangers, and others preparing to leave 
 this Colony, have been permitted upon accusations, 
 complaints, and depositions, to cause the confinement 
 of His Majesty's liege Subjects and others, and to ex- 
 pose them, in a strange country, to all the dangers and 
 inconveniences of confinement and trial : And whereas 
 it is impossible for Magistrates, Commissioners of the 
 Court of Justice, and others appointed to conduct such 
 investigation, to ascertain the truth, until after trial, 
 whether the Parties so complaining, informing, or 
 lodging informations, have therein acted justly, and 
 upon just grounds, falsely, maliciously, and without 
 probable cause : 
 
 Be it hereby enacted, proclaimed, and declared, that 
 all and every Person, not resident in this Colony, lodging 
 a complaint, information, or deposition, upon which an 
 Arrest against the person or persons of any Inhabitant 
 or Stranger is ordered and issued, and trial thereon is to 
 take place, shall give security at the discretion of the 
 Fiscal or Commissioners of the Court of Justice, Land- 
 drosts, or other Magistrates, as the case may be, to 
 
 (') Vide supra Proclamation, 20th Nor. 1812, p. 122.
 
 132 
 
 prosecute, to effect such their information, deposition, 
 or accusation, and provided such information, deposi- 
 tion, or accusation shall to the Court of Justice 'be 
 proved and decreed to be false, malicious, ancl with- 
 out probable cause, to make adequate and just com- 
 pensation to the Sufferer or Sufferers in costs and 
 damages. 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 27th day of November 1812. 
 
 (Signed) J. F. Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation by His Excellency Lieutenant- General 
 
 Sir John Francis Cradock, $*c. Sfc. 
 WHEREAS great danger has accrued to the Inhabitants 
 of this Colony, from admitting of an intercourse with 
 Ships or Vessels employed in the carriage of Slaves ; 
 and whereas it has pleased his Royal Highness the 
 Prince Regent to direct and command, that all inter- 
 course with Slave Ships should be prohibited and inter- 
 dicted, without consideration of the Country to which 
 they may belong : 
 
 In furtherance of His Royal Highness the Prince 
 Regent's Command, and attention to the health and 
 Welfare of the People of this Colony, I order, direct, 
 and ordain, that no Vessel or Vessels carrying Slaves, 
 or employed in the Slave Trade, shall be admitted to 
 any intercourse with the People of this Colony, or to 
 enter into any of the Ports, Harbours, or Creeks, of 
 this Settlement or its Dependencies. 
 
 And I hereby direct and ordain, that any such Ves- 
 sel legally convicted of attempting Commerce or other 
 Intercourse with the Inhabitants, or entering into the 
 Ports, Harbours and Creeks aforesaid, except in the 
 case of extreme danger or necessity, to be proved by
 
 133 
 
 the Captain or Crew, such Vessel and her Cargo shall 
 be confiscated ; and if such Vessel is driven by extreme 
 necessity into the Ports, Harbours, and Creeks of this 
 Settlement or its Dependencies, that, and in such 
 case, they shall be only permitted to trade or traffic, 
 to supply their most pressing wants, and that notice of 
 such wants, and the name or names of the Parties con- 
 tracting to supply, or who have supplied the same, 
 shall be immediately transmitted to the Colonial Office, 
 for my information, or for that of the Governor for the 
 time being, with an exact account of the nature of the 
 supply sought and given, and its amount; and any 
 Inhabitant or Inhabitants legally convicted of holding 
 any other than this limited intercourse with Slave Ships, 
 or Vessels employed in the Slave Trade, shall, besides 
 confiscation of all Property purchased or exchanged 
 with such Ship or Vessel, be liable to a fine of 1000 Rds. 
 
 All forfeitures and Confiscations under this Act, shall 
 be applied in the following manner : One-third to the 
 Informer convicting, one-third to His Majesty's Fiscal 
 or other Officer prosecuting to conviction, and the 
 remainder to His Majesty's Government. 
 
 And that no Person may plead ignorance hereof, 
 this shall be published and affixed as usual. 
 
 Given under my Hand and Seal, in the Castle of 
 Good Hope, this 27th day of November, 1812. 
 
 (Signed) ' J. F. Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Government Advertisement. 
 
 NOTICE is hereby given, that in future no Person will 
 be allowed to erect any Brick-kilns on the Land situated 
 between the Castle and the Military Lines, unless the
 
 134 
 
 consent, in writing, of the Commanding Officer of 
 Engineers is previously obtained and registered in the 
 Office of His Majesty's Fiscal. 
 
 Castle of Good Hope, 8th January, 1813. 
 
 By Command of His Excellency the Governor, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation by His Excellency Lieutenant- General 
 
 Sir John Francis Cradock, fyc. frc. 
 WHEREAS it appears, that one Skilling per Ton is levied 
 indiscriminately upon all Merchant Vessels putting into 
 the Ports of this Colony, by which Regulation those 
 that arrive through Distress, or with a view to obtain 
 Refreshments, are equally charged with Vessels that 
 land Investments, or load and deliver Cargoes : 
 
 And whereas it appears but reasonable, that some 
 distinction should be made, it is hereby ordered and 
 directed, that in future a Port Due of two Skillings 
 per Ton shall be levied upon all Ships or Vessels 
 coming into any of the Bays or Harbours of this Settle- 
 ment, for the purpose of Trade ; but only one Skilling 
 per Ton (as heretofore) upon all such Vessels as are 
 obliged to touch here on account of Distress or for Re- 
 freshment. 
 
 And that no Person may plead ignorance hereof, 
 this shall be published and affixed as usual. 
 
 Given under my Hand and Seal, in the Castle of 
 Good Hope, this loth Day of January 1813. 
 
 (Signed) J. F Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary.
 
 135 
 
 Proclamation by His Excellency Lieutenant -General 
 
 Sir John Francis Cradock, 8fc. $"c. 
 WHEREAS by the Laws now in force, there is no limited 
 time for the duration of the Imprisonment of any Per- 
 son or Persons, against whom an Execution for Debt 
 Process of Court, or Precept or Warrant of any Court 
 or competent authority, in the nature of an Execution 
 for the levying of any fine or fines, penalty or penalties 
 is issued for the non-payment of such debt and costs, 
 or such fine or penalty, as such Debtor or Debtors, 
 Offender or Offenders, are ordered and commanded to 
 pay ; but such Debtor or Debtors, Offender or Offen- 
 ders, are thereby committed to Prison, until such time 
 as they can pay or satisfy such debt, fine or penalty, 
 so that it may happen a Person may be confined many 
 months, for a small sum of money. 
 
 Now be it hereby declared, ordained, and enacted, 
 that no Person or Persons whatsoever shall be confined 
 for any debt, fine, penalty, or contempt of Court or 
 other Authority, not exceeding the sum of Twenty 
 Rix-dollars, more than one month ; and every Magis- 
 trate, Fiscal, Deputy Fiscal, Landdrost or Deputy 
 Landdrost, or others having the care, custody, or su- 
 perintendance of any Prison or Place of Confinement, 
 is hereby ordered and directed to discharge from such 
 Prison or Place of Confinement, at the end of such 
 month, such Person or Persons, without demanding 
 or receiving any Fees or other Expenses than that of 
 their Diet, at the rate of 10 Stivers for each day. 
 
 And whereas it has occurred, that a Debtor or Deb- 
 tors have been confined for a long and indefinite period 
 of time for small debts not exceeding 50 Rds. be it 
 enacted and ordained, and it is hereby enacted and or- 
 dained, that no Person shall be detained in Prison for 
 more than six Calendar Months, for any original Debt 
 aot exceeding 50 Rds. exclusive of all costs of suit ;
 
 136 
 
 and the Fiscal, Deputy Fiscals, Landdrosts, Deputy 
 Landdrost, and all others having the care and superin- 
 tendance of Jails, Prisons, or Places of Confinement, 
 are hereby directed and commanded to liberate all and 
 every Person or Persons so confined, at the expiration 
 of six Calendar Months, as aforesaid, and all and 
 every Person is forbidden again to arrest for such Debt 
 aforesaid, any Person or Persons so liberated but 
 nothing herein shall be construed to discharge such 
 Debt or Debts, or to deprive the Creditor or Creditors 
 of any and every other remedy against the Goods, 
 Lands, or Property of such Debtor or Debtors, which 
 now exists by Law. 
 
 And that no Person may plead ignorance hereof, this 
 shall be published and affixed as usual. 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 5th day of February 1813. 
 
 (Signed) J. F. Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation (*) by His Excellency Lieutenant- General 
 
 Sir John Francis Cradock, fyc. 8fc. 
 WHEREAS it is most just, that every Person or Persons, 
 as far as practicable, should contribute equally to the 
 burthens public necessity impose ; and whereas it has 
 been represented to me by the Landdrosts and other 
 most respectable Persons, that such of the Burghers 
 and Inhabitants who reside upon and hold Places 
 near the Great Public Roads, are obliged to furnish 
 Waggons nnd Horses to Persons employed upon the 
 Public Service, and hitherto without compensation : 
 
 (') Vide 3 Proclamation 16 July 180G, p. 17.
 
 137 
 
 Now be it hereby enacted and declared, that all and 
 every Person furnishing Horses and Waggons to Per- 
 sons authorised to demand them, shall be entitled to 
 see the original Order, signed by the Colonial Secre- 
 tary, and shall also be entitled to require a Copy of 
 such Order, signed by the Party to whom he furnishes 
 such Waggon or Horses, or other accommodation 
 thereby directed, certifying the Order has been obeyed ; 
 and it is hereby declared and enacted, that the Land- 
 drosts and Heemraden shall, at their annual making 
 up of the Opgaaf and levying of District Taxes, pay 
 such Person or Persons producing such Copies of such 
 Orders, and such Certificates that they have been 
 obeyed, a fair and reasonable compensation, and col- 
 lect the amount of such payments from the Inhabitants 
 of the District at large, in addition to the other Taxes. ( a ) 
 
 And that no Person may plead ignorance hereof, this 
 shall be published and affixed as usual. 
 
 Given under my Hand and Seal, in the Castle of Good 
 Hope, this 12th day of March 1813. 
 
 (Signed) J. F. Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Government Advertisement. 
 
 THE two great pursuits that seem universally on the 
 present day to occupy the attention of that portion of 
 the civilized world which is not actually engaged in 
 war, or involved in its mournful consequences, are the 
 more extensive circulation of the Holy Scriptures, and 
 the solid establishment of such a System of Education 
 as will enable the People to reach and behold the 
 Divine Light contained in those Sacred Writings. 
 All that will inspire benevolence, charity, and 
 
 {') Vide infraProclamation, 26 Aug. 1814, 16 and 14 Feb 
 
 N2
 
 138 
 
 peace among men, all that will promote good order 
 in society, all that will make the faithful Subject, as 
 well as the useful and amiable Individual ; in fine, 
 all that will crush vice, and rear up virtue, that will 
 secure happiness in this life, and afford the best hopes 
 of Heaven in the world to come, is to be found therein. 
 
 Therefore the good, the wise, and philanthropic part 
 of mankind have now devoted themselves to the plain 
 and practical consideration of such measures as will 
 secure the great effect in view the Study of the 
 Scriptures. 
 
 " Education alone can accomplish it."" 
 
 Unless then a due proportion of Education, by the 
 operation and authority of Government, prevail in a 
 Country throughout all classes of its Inhabitants, 
 every reflecting man will deem it vain and a waste of 
 good intention and generous spirit, to expect that the 
 unconnected distribution of the Bible can produce that 
 expanded knowledge of Sacred Truth, which, in the 
 comprehensive and undistinguishing view of humanity, 
 should be the lot of all. 
 
 An appeal is therefore now made to the whole Inha- 
 bitants of this great Colony, to establish a System of 
 Education that will give the required understanding of 
 the Scripture, and at the same time lay the foundations, 
 among the humble ranks, of civilised, moral, and 
 industrious life. 
 
 Were any incitement wanting but that of the bene- 
 volent and patriotic spirit inherent in the Settlement, 
 observation may be directed to the words and acts of 
 all the good and great in Europe, displayed in every 
 recent publication ; and it will be seen, that the highest 
 and most illustrious names have led the way, and that 
 even the whole splendor and influence of Royalty, 
 throughout all its branches, is united in this sublime 
 work.
 
 139 
 
 It has been in the contemplation of this Government 
 to direct a general Taxation through the several Dis- 
 tricts, commensurate with the expences (however fluc- 
 tuating) of School Education within the Province ; and 
 nothing 1 , if through necessity it be resorted to, can be 
 more just and equal, than the operation of this assess- 
 ment. But rather let it be now assumed with confi- 
 dence, that a cold and calculating measure of this 
 nature will not satisfy the impatient ardour of the 
 Public, and that the whole Body of the Community, 
 according to their ability, will anxiously press forward 
 to create a common and extensive Fund, which will 
 alike secure the incessant distribution of the Scriptures, 
 and the uniform progress of Education. 
 
 The School Commission, to whom the Government 
 and the Public are so much indebted for their zealous 
 and enlightened labours, will be earnestly solicited, 
 not only to continue but enlarge their sphere of super- 
 intendance and action ; and with assurance it is ad- 
 mitted, that as the means to do good and promote the 
 best interests of the Colony will be encreased and 
 placed under their guard, they in proportion will over- 
 look the additional trouble imposed upon them, and 
 gladly enter upon a further task that promises so 
 heartfelt a reward. 
 
 The Governor will in future be stiled "The Patron of 
 the Bible and School Commission," the designation 
 hereafter of the Establishment, that he may invariably 
 give the whole weight of Government to the progress of 
 the Institution, and the aid and support of its Finance. 
 
 The Colonial Secretary will also be added to the 
 Bible and School Commission, that the most direct 
 means may be pursued to advance and accelerate its 
 operations. 
 
 The Military Chaplain and the Minister of Simon's 
 Town will be appointed regular Members; and the
 
 140 
 
 Clergymen of the Country Districts, being already 
 Honorary Members, are expected upon their visits to 
 Cape Town, to more fully impart to the Bible and 
 School Commission the circumstances of their respec- 
 tive Parishes, arid communicate whatever, in their 
 opinion, is likely to aid the special object in view. 
 
 The expenditure of the Fund in agitation will be 
 laid before the Public in the Gazette, at the expiration 
 of every six months, and a detailed account given of the 
 Bibles distributed in each required Language, and of 
 every other measure adopted to widely extend " Reli- 
 gious Education ." 
 
 o 
 
 The respective Contributions, with the aggregate Sum, 
 will also appear in each succeeding Paper. 
 
 They will be received by the Deputy Colonial Secre- 
 tary, Receiver General, Directors of the Bank, Secre- 
 taries to the Orphan Chamber and School Commission, 
 Deputy Fiscal at Simon's Town, and all Landdrosts, 
 Deputy Landdrosts, and Clergymen in the Country 
 Districts, and deposited in the Discount Bank. 
 
 Every well-wisher to this Colony, in the just pride to 
 place it upon the foundation and in the rank it may so 
 well aspire to ; every friend to the human race has now 
 the opportunity to substantiate his sentiments, and by 
 positive act, shew that gratitude to the protecting 
 Deity, so much called for, if he duly reflects upon the 
 peace and security, the ease and comfort this Settle- 
 ment enjoys beyond the lot, perhaps, of any other 
 portion of the Globe. 
 
 Castle of Good Hope, 1st July 1813. 
 By Command of His Excellency the Governor> 
 (Signed) H. Alexander, Secretary. 
 
 * # * The smallest Countributions will be esteemed 
 proofs of the same Religious and Patriotic spirit as the 
 highest Donations.
 
 141 
 
 Government Advertisement. (*) 
 
 His Excellency the Governor has been pleased to esta- 
 blish the following Regulations, for the conduct of all 
 Persons applying for Grants of Land, and the conduct 
 of the respective Commissions, whether Landdrost and 
 Heemraden, or others, to whom such applications are 
 referred by His Excellency: 
 
 ART. 1. His Excellency declares his intention of only 
 granting Lands for ever, on a reservation of Quitrent. 
 
 2. His Excellency will make no grant unless upon a 
 Survey and Diagrams regularly executed and prepared 
 by the Surveyors appointed by Government. 
 
 3. Persons applying for Land shall specify in their 
 applications to Government, whether it is a wholly new 
 establishment they seek to make, whether the Lands 
 are already occupied and cultivated by them, or are 
 adjoining to their other Property. 
 
 4. Parties applying for Lands shall also state what 
 other Places they possess, and upon what tenures, and 
 in what Districts their Properties lie. 
 
 5. Parties applying for Land shall state the number 
 of their Slaves, Male and Female, of their Horses, 
 Mules, and Oxen, their Stock in Sheep, Goats, or 
 other Cattle, or satisfy the Commission of their capital 
 in Money, or other new means of cultivation. 
 
 6. The Commission shall make minute inquiry into the 
 truth of such statements, as far as in their power, and 
 report specifically upon every application, their opinion 
 of its accuracy, and whether in their judgment, the 
 Applicant has the intention and means of cultivating 
 the Land applied for, either from his own resources, or 
 the aid of friends and relations. 
 
 7. His Excellency expects the respective Commis- 
 
 (>) Vide supra Ploclamation 16 October 1812, p. 11T.
 
 142 
 
 sions will preserve inviolate rights of Roads and Uitspan 
 Places to the Public. 
 
 Castle of Good Hope, 23d July ! 813. () 
 By Command of His Excellency the Governor, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation ( 2 ) by His Excellency Lieutenant- Genera I 
 
 Sir John Francis Cradock, Sec. &fc. 
 WHEREAS Agriculture constitutes the chief source of 
 prosperity in this Colony, and the full encouragement 
 thereof must consequently have an immediate tendency 
 to promote the real interests of its Inhabitants ; whereas 
 this encouragement chiefly depends on the certainty of 
 Tenures, and the confidence connected therewith, that 
 all improvements of the soil, and all encrease of ferti- 
 lity, should indisputably belong to the holder, as his 
 own, and that in the ordinary course of things all his 
 arrangements, as well with respect to the produce as to 
 the Land itself, should by the Laws be exclusively se- 
 cured to him, his Heirs, Executors, Assigns, or Repre- 
 sentatives: Whereas, although the establishment of 
 Loan Leases might have been suitable to the early state 
 of this Colony, when the wants of Government were 
 not foreseen, it now appears from experience, that the 
 Loan Tenure is injurious to that certainty, so essential 
 to the happiness and the interest of the Inhabitants, and 
 equally injurious to the public Interest, by preventing 
 the holders from appropriating as much of their means 
 to the improvement and extension of Agriculture, as 
 they would do, in case they had no right of re-assump- 
 tion to apprehend, and might dispose of the Ground as 
 they please, by subdividing the same among their Chil- 
 dren, letting, selling, or otherwise alienating it in lots, 
 
 (') Vide infra Proclamation 6th August 1813. 
 
 ( 3 ) Vide supra Proclamation, 16th Oct. 1812, p. 117. Government 
 23d July 1813, p. 141.
 
 143 
 
 cultivating it in the prospect of remote benefit, by the 
 planting of Timber, &c. 
 
 Whereas notwithstanding 1 a gradual re-assumption of 
 Loan Lands, and the re-granting of the same in lesser 
 portions, on a more certain Tenure, might considerably 
 encrease the Colonial Revenue, yet having- taken into 
 consideration the great utility of no longer delaying the 
 improved cultivation of Land, by giving security to 
 Title, and of making the same, as speedily as possible, 
 a general measure, I have adopted the following deter- 
 mination: " To grant to the holders of all Lands on 
 Loan, who may regularly apply for the same, their 
 Places on Perpetual Quitrent, with the following- rights 
 and privileges, and on the following terms and conditions, 
 viz: 
 
 1. Every holder of a Loan Place, on his making ap- 
 plication by Memorial to Government for the purpose, 
 shall have a grant of his Place on Perpetual Quitrent, 
 to the same extent as he has hitherto legally possessed 
 the same on Loan. 
 
 2. No Loan Place, shall exceed Three Thousand 
 Morgen, every addition to that quantity of Land must be 
 particularly mentioned to the Surveyor and Commission, 
 and appear upon the face of the application, for His 
 Excellency's consideration. 
 
 3. The holder by this grant shall obtain the right " to 
 hold the Land hereditarily, and to do with the same as 
 he may think proper, in like manner as with other im- 
 moveable Property, as also, should he deem advisable, 
 to sell or otherwise alienate it, with the usual previous 
 knowledge of Government, either partly or wholly as, 
 free and allodial property." 
 
 Government reserves no other rights but those on 
 Mines of Precious Stones, Gold, or Silver; as also the 
 right of making and repairing Public Roads, and raising 
 materials for the purpose, on the premises : other Mines
 
 144 
 
 of Iron, Lead, Copper, Tin, Coalsj Slate, or Lime- 
 stone, are to belong 1 to the Proprietor. 
 
 5. In all Places adjoining to the sea, or communica- 
 ting with the sea by inlets therefrom, the rights of the 
 Crown are reserved, with the power of re-assumption 
 of any quantity of Land, not exceeding twenty Morgen, 
 paying the Proprietor for such Buildings as he may 
 have erected, according to a fair valuation ; provided 
 such Ground be wanted for public purposes, and if 
 given up by the Crown, it shall not be transferred to 
 another Individual, but revert to the Proprietor or his 
 Representatives. 
 
 6. In all Judical Decisions regarding Perpetual Qui- 
 trent, the same rights, laws, 'and usages shall be 
 observed, which have hitherto been acted upon, or 
 which may hereafter be established, enacted, and fol- 
 lowed in Judicial Decisions, with respect to Freehold 
 Lands. 
 
 7. That for this, in the common course of things, 
 irrevocable Title, the Holders shall pay to the Public 
 Revenue an increased yearly Rent, to be prescribed 
 according to the situation, fertility, and other favourable 
 circumstances of the Land ; in no case, however exceed- 
 ing a sum of Two Hundred and Fifty Rixdollars. 
 
 8. For the Survey of a Loan Place to be granted on 
 Perpetual Quitrent, the Land Surveyor, exclusive of the 
 diagram, travelling expences, and waggon hire, shall 
 not charge more than 100 Rds. unless he may be obli- 
 ged, from local difficulties, to appropriate more than 
 five days to make the Survey, in which case he shall be 
 allowed to charge 10 Rds. for every day over and above 
 that time ; the respective Landdrosts are therefore di- 
 rected to pay strict attention hereto, when any account 
 be presented to them to be paid out cf the District 
 Treasury, as mentioned in the Government Advertise- 
 ment of the 16th July last.
 
 145 
 
 9. On the Division of any Place, granted on Perpe- 
 tual Quitrent, each part, and its holder shall be severally 
 bound and responsible for the full amount of the Rent 
 in such manner however, that he who makes the pay- 
 ment may recover from the other holders, for as far as 
 regards their respective shares; unless at the request 
 of the interested parties, on making the division, Go- 
 vernment may have been pleased to direct, that the 
 Rent shall be apportioned and registered proportionably 
 at the lime of the Transfer. 
 
 10. That in order to ensure the necessary regularity, 
 as well as the interest of the State, no alienation of any 
 part of such Place shall be considered as legal, before 
 the same shall be surveyed, a diagram made thereof, 
 and regularly transferred before Commissioners of the 
 Court of Justice, as likewise duly registered in the 
 Office of LanJ Revenue. 
 
 11. This Perpetual Quitrent shall further not be liable 
 to any other burthens but those to which all freehold 
 Lands are already subject, or which may hereafter be 
 further prescribed. 
 
 12. All applications for the conversion of Loan Lands 
 into Perpetual Quitrent, with the privileges attached 
 thereto by this present Proclamation, must be made 
 within twelve months from the date hereof; after the 
 expiration of which period the said rights, privileges, 
 terms, and conditions, shall be subject to such alterations 
 as circumstances shall be found to require. 
 
 13. The Title Deed (Erfgrondbrief) on such application 
 shall be granted after the Place shall have been surveyed, 
 with the previous know ledge of, and if necessary pointed 
 out by, the Landdrost, by a Sworn Land Surveyor, and 
 a proper Diagram of the same forwarded to Government 
 by the Landdrost, accompanied by his certificate, that 
 the measurement was made without prejudice to any 
 person ; and also that the Diagram dors not contain any
 
 146 
 
 greater extent of Ground than was legally possessed on 
 Loan by the holder. 
 
 14. By the Regulations made in these presents, it is 
 not to be understood that the right of re-assumption, 
 increase of rent, or other arrangements regarding Loan 
 Places, which undoubtedly belong to the Government of 
 this Colony, and which have been, from time to time, 
 exercised by the successive Governments of the same, 
 are in anywise curtailed, or intended to be curtailed, 
 
 J 
 
 unless when the parties obtain an alteration in their Te- 
 nure, on the terms proposed. 
 
 15. In order to prevent all misunderstandirg, it is 
 herebv specially declared, that the right which belongs 
 to Government, with respect to attached Places, is in 
 no wise done away by this measure, and consequently, 
 that those Places remain subject to all such further Re- 
 gulations as they would have been liable to, in case this 
 Proclamation had not been issued. 
 
 16. Loan Places attached to the respective Drostdiea, 
 Deputy Landdrosts, or the Parsonages of the Clergy, 
 remain, as they are, public property, to be transmitted 
 to their successors. But whire Field-Cornets, or other 
 Public Functionaries, are excused from paying Rent for 
 a Loan Lease of their own as part of the remuneration far 
 their public services, in all such cases where the party 
 solicits and obtains a change of Tenure, for the purpose 
 of dividing it amongst his Family, or other motives, lie 
 shall not he liable to the raised Rent, during the time 
 he is employed in the Public Service, and the new Rent 
 shall commence at the expiration of such services, by 
 death or otherwise. 
 
 17. The whole tenor of the foregoing Regulations 
 will manifest the paternal view His Majesty has taken 
 of this Colony ; and, in deeply considering the perma- 
 nent interest of the Occupiers of Lands, to what extent 
 the Cro\vn has resolved to sacrifice its rights and prero-
 
 147 
 
 gatives, in order to place property upon that solid and 
 secure foundation, without which fair adventure and 
 speculation cannot arise, and even common industry and 
 labour will lose much of its effects. 
 
 Thus at length is this great measure matured and 
 brought forward. It is the one that has long engaged 
 the attention and anxious wish of each preceding Go- 
 vernment, but which could not well admit of conclusion, 
 except in times like the present of unexampled tran- 
 quiliiy, uniform progress in civilization and good order, 
 and the unbounded prospect ef universal prosperity. 
 
 I feel the highest gratification in giving effect to these 
 beneficent and paternal designs of His Majesty's Go- 
 vernment; and persuade myself, that the gratitude of 
 the Inhabitants of this Colony will be equal to the value 
 of the inestimable gift thus extended to them on the part 
 of the Crown, which by graciously offering to their ac- 
 ceptance a perfect Title to Lands, that enables them to 
 provide for their Children and Descendants, and dispose 
 of them as they please grants to them, in fact, pos- 
 session of an Estate, and the high character and station 
 of "a real Landholder." 
 
 They will thereby abandon an unworthy Tenure, un- 
 fitted to the growing prosperity of the Colony, and only 
 suited to the earliest and rudest Institutions of the Set- 
 tlement ; and being thus placed in their territorial pos- 
 sessions, on the same footing as their fellow subjects in 
 Europe, the Cape of Good Hope in future may, with 
 fair pretension, take its rank with other countries. 
 
 And that no Person may plead ignorance hereof, this 
 shall be published aud affixed as usual. ( a ) 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 6th day of August 1813. 
 
 (Signed) J. F. Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 '' 1 ) Vide infra Proclamations 3d June 1814, and 23d Dec. 1814.
 
 148 
 
 Proclamation by His Excellency Lieutenant- General 
 
 Sir John Francis Cradock, Sfc. Sfc. 
 WHEREAS it was judged expedient to prohibit Vendue 
 Masters, Secretaries of the Orphan and Insolvent 
 Estates Chambers, also all other Public Officers pre- 
 siding officially over any Public Sale, to make any 
 purchase at the Sales they attend in their official capa- 
 cities, and which prohibition was made public by the 
 Proclamation of the 27th December 1805, I have 
 thought proper to renew the said Proclamation in all 
 that spirit and honor due to its peculiar case (for 
 ^misfortune" is the most concerned), and therefore 
 hereby order and command: 
 
 That from henceforth the Vendue Clerks or Auction- 
 eers at any of the common Sales, or at such as are held 
 by the Orphan Chamber, or by the Chamber for Regu- 
 lating Insolvent Estates, or any other Sale held by 
 Public Authority, shall not be allowed to bid for, much 
 less to purchase, any Goods put up by them to sale, 
 either directly or indirectly, either in the name or 
 through the means of any other person, be it who it 
 may, or in their own names, or in trust for themselves 
 or their children, on pain of the bargain being void and 
 the forfeiture of their situation, and a fine of three times 
 the real value of the article so purchased, besides the 
 offending party being declared "infamous" evermore. 
 
 That also the Vendue Masters, the Secretaries of the 
 Orphan Chamber and Insolvent Estates Chamber in- 
 cluded, and likewise other Public Officers presiding 
 officially over any Public Sale, shall not themselves 
 come forward at the Sale they attend in their official 
 capacities to make any purchase, but shall be obliged, 
 if they are so inclined, to give permission, without the 
 knowledge of the Auctioneer, to any other person to 
 purchase for them, so that neither the Auctioneer nor
 
 149 
 
 the Public shall know at the time of sale that the 
 articles are bidden for on behalf of the Vendue Master, 
 Commissioner, &c. on pain of nullity, exposure to 
 infamy, and arbitrary correction. 
 
 It is the imperious duty of all the above Public 
 Officers to lend their utmost aid, that the Goods and 
 Effects of the Parties interested be disposed of as 
 advantageously as possible. (*) 
 
 And that no Person may plead ignorance hereof, this 
 shall be published and affixed as usual. 
 
 Given under my Hand and Seal, at the Cape of Good 
 Hope, this 3d day of September 1813. 
 
 (Signed) J. F. Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary, 
 
 Proclamation by His Excellency Lieutenant- General 
 Sir John Francis Cradock, Sfc. <Sfc. 
 
 WHEREAS by Proclamation of the 13th August last, it 
 was enacted, that the Duty of Three per Cent, directed 
 to be levied on all Goods, Wares, and Merchandize, of 
 the growth, produce, or manufacture of Great Britain 
 and Ireland, which shall be imported into this Settle- 
 ment or its dependencies, from any part of His Majesty's 
 Dominions, in British-built Vessels, owned and navi- 
 gated as by Law directed, should be rated and collected 
 according to a Schedule or Book of Rates and Valua- 
 tions inserted in the said Proclamation. 
 
 And whereas I have thought it necessary to make 
 some alterations in the Schedule above alluded to, I 
 hereby annul and repeal the same ; and further order 
 
 (') Vide Proclamation, 2d May, 1806, page 15. 
 
 o2
 
 and direct, that the said Duty of Three per Cent, shall' 
 in future be levied according to the undermentioned 
 Tariff, and tkat an ad valorem Duty shall be paid on 
 all such British Articles as are not therein enumerated : 
 
 Rds. Sk. 
 50 
 4 
 10 
 
 Ale and Beer, per Hogshead, 
 
 Ditto, in Bottles, per Dozen, 
 
 Anchors, per Cwt. - iu v 
 
 Anvils, per ditto, 12 
 
 Alum, per ditto, - - 10 
 
 Anchovies, (see Oilmen's Stores.) 
 
 Beads, ncr Ib. 2 
 
 Bricks, per thousand, 20 
 
 Brimstone, per Cwt. 10 
 
 T?i*o oc \\f Q va or! ifo l/\t*rt rvi 
 
 14 
 35 
 30 
 
 Beads, per Ib. 2 
 
 Books, ad valorem, 
 
 Bricks, per thousand, 20 
 
 Brimstone, per Cwt. 
 
 Brass Ware, ad valorem. 
 
 Brooms, (pee Turnery.) 
 
 Boots, per Pair, 
 
 Canvas, British, broad, per Bolt, 
 
 Cordage, per Cwt. 
 
 Candles, Wax, per Cwt. - 75 
 
 Spermaceti, per ditto, 60 
 
 Tallow, per ditto, 20 
 
 Chalk, per ditto, - 50 
 
 Cordials, per dozen, - 1'2 
 
 Carriages, Gigs, each, 400 
 
 Curricles, 800 
 
 Phaetons, 1000 
 
 Chariots, 1000 
 
 Clocks, each, 75 
 
 Coals, per Chaldron, 45 
 
 Corks, per Gross, - 10 
 
 - per Cwt. 20 
 
 Carpeting, English, per yard, 
 
 . Scotch, - 1 
 
 - Turkish, imitation, 
 
 Cards, Playing, per dozen Packs, 
 
 6 
 12
 
 Rds, Sk. 
 
 Chocolate, per Cvvt. - 50 
 
 Copper, Sheet, per ditto, ? 75 
 
 Nails, per thousand, 75 
 
 Wrought, ad valorem. 
 
 Copperas, per Cwt. 10 
 
 Cabinet Ware, ad valorem. 
 Cutlery, ditto, 
 Confectionery, ditto, 
 Cotton, manufactured, ditto, 
 
 Cards, Wool, per dozen Pair, 10 
 
 Drugs, ad valorem. 
 Earthenware, ditto. 
 
 Fishing Nets, per Fathom, - 04 
 
 Fish, Stock, per Cwt. 10 
 
 Flints, per thousand, 10 
 
 Fowling Pieces, each 100 
 
 Furniture, ad valoram, 
 
 Gall Nuts, per Cwt. - - 26 
 
 Glue, per ditto, 12 
 
 Glass, Window, per 100 square feet, 15 
 
 Glass Ware, ad valorem. 
 
 Gunpowder, per Cwt. 75 
 
 Garden Seeds, free. 
 Gloves, (see Haberdashery.) 
 Grocery, ad valorem. 
 
 Grindstones, each, - 10 
 
 Hemp, manufactured, imitation Ducks and Linen, 
 
 ad valorem. 
 
 Hair Powder, per Cwt. 50 
 
 Horse Hair, ditto, 50 
 
 Harness, (see Saddlery.) 
 
 Hops, per Cwt. 75 
 
 Hides, tanned, per Cwt. 50 
 
 Hats, fine Beaver, each, 10 
 
 Plated, - 50 
 
 Coarse, 3 
 
 . Felt, or Negro, 1
 
 152 
 
 Rds. Sk. 
 
 Hats, Straw, 3 
 
 Handspikes, per dozen, 12 
 Haberdashery, viz : Threads, Tapes, Ribbons, Gloves, 
 
 &c. ad valorem. 
 
 Iron, in Bars, British, per Ton, 120 
 
 Hoops, - 160 
 
 Pig, 50 
 
 Spades, per dozen, - 12 
 
 Shovels, 10 
 
 Sickles, - - 80 
 
 Smiths' Vices, per Cwt. 15 
 
 Isinglass, per Cwt. - 500 
 Ironmongery, ad valorem. 
 
 Jewellery, ditto. 
 
 Junk, per Cwt. 
 
 Linen and Flax, manufactured, ad valorem. 
 
 Lead, Sheet, per Ton, 
 
 Pig, - 
 
 Shot, per Cwt. 
 
 Leather, manufactured Morocco Skins, each, 
 
 Calf Skins, ditto, 
 
 Kid ditto, ditto, 
 
 Looking Glasses, ad valorem. 
 
 Medicines, (see Drugs.) 
 
 Musical and Mathematical Instruments, ad valorem. 
 
 Mill Stones, each, - 100 
 
 Millinery, ad valorem. 
 
 Nails, per Cwt. 
 
 Oilman's Stores, (see Provisions.) 
 
 Oakum, per Cwt. 20 
 
 Oil, Linseed, per Gallon, 2 
 
 Rape, 2 2 
 
 Salad, per dozen Bottles, 18 
 
 Turpentine, per Gallon, 3 
 
 Oilcloth, per Piece, - 10 
 
 Ochre, red and yellow, per Cwt. 5 
 
 Oatmeal, (see Provisions )
 
 153 
 
 Rds Sk. 
 
 Paints and Colours, dry, per Cwt. - 100 
 
 i ground in Oils, - 20 
 
 Paintings, Drawings, and Pictures, each, ad valorem. 
 
 Pitch, British, per Barrel, 15 
 
 Paper Flanging, English, per Roll, - 20 
 
 Plate, Silver, per Ounce, - 20 
 
 Plated Ware, ad valorem. 
 
 Pewter Ware, ad valorem. 
 
 Pickles, (see Oilman's Stores.) 
 
 Prunes, (see Grocery.) 
 
 Provisions, British Beef, per Tierce, 20 Q 
 
 ditto Pork, per ditto, - 25 
 
 ; Tongues, per dozen, - 25 
 
 Hams, per Cwt. 50 
 
 Bacon, - - 40 
 
 British Cheese, per Cwt. 50 
 
 Pearl Barley, - 25 
 
 Oatmeal, - 12 
 
 dried, cured, pickled Fish, per Cwt. 10 
 
 Perfumery, ad valorem. 
 
 Quicksilver, ad valorem. 
 
 Rosin, p<r Cwt. - 10 
 
 Steel, in Bars, per Cwt. - 40 
 
 Stationery, ad valorem. 
 
 Saddlery, ditto. 
 
 Snuff, per Cwt. 50 
 
 Soap, 15 
 
 Starch, ditto, - 50 
 
 Sugar, refined, ditto, - 50 
 
 Silks, manufactured, ad valorem. 
 
 Shoes, common, per dozen, - 120 
 
 fine or dress, - 36 
 
 Ladies', ditto, 36 
 
 Children's, - 60 
 
 Staves, Pipe, per thousand, 250 
 
 Leaguer, British, - 300 
 
 Stukvat, ... v 1000
 
 154 
 
 Rds. Sk. 
 
 Orher Staves, in proportion to the above. 
 Spars, ad valorem. 
 Sponges, per Cwt., ad valorem. 
 
 Shrub, per Gallon, - - 3 
 
 Tar, British, per Bairel, - 20 
 Turnery, ad valorem. 
 Toys, ad valorem. 
 
 Telescopes, (see Mathematical Instruments.) 
 
 Tin, per Box of 200 Sheets, 15 
 
 Pig, per Cwt. - 15 
 
 Tobacco, manufactured, per Cwt. - 21 
 
 Tobacco Pipes, per gross, - 50 
 
 Tallow, per Cwt. 15 
 Twine, (see Hemp manufactured.) 
 
 Tiles, small, per thousand, - 250 
 
 large, ditto, - . 550 
 
 Upholstery, ad valorem. 
 
 Varnish, per Gallon, - 20 
 
 Vinegar, per ditto, - 10 
 
 Wax, Bees' per Owt. 50 
 
 Wine, Perry, per Hogshead, 75 
 
 per dozen, - 60 
 
 Cyder, per Hogshead, - 50 
 
 per dozen, 6 
 
 Watch Glasses, per gross, - - 10 
 
 Watches, (see Jewellery.) 
 Woollens, manufactured, ad valorem. 
 
 Yarn, Cotton, per pound, - 02 
 
 And that no Person may plead ignorance hereof, 
 this shall be published and affixed as usual. 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 1st day of October 1813. 
 
 (Signed) J. F. Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary.
 
 155 
 
 Proclamation by Hi* Excellency Lieutenant- General 
 Sir John Francis Cradock, 6fc. 6fc. 
 
 WHEREAS it has been represented to me, that Executors 
 of Wills very often take upon themselves, and enter 
 into, the administration and possession of Estates, 
 without the proper precautions prescribed by Law, and 
 continue therein for a certain length of time, notwith- 
 standing the notorious insolvency of such Estates ; and 
 that, although the fundamental principles of Law, with 
 respect to the entering upon, or repudiating of inheri- 
 tances, and the consequences which result therefrom, 
 should be sufficiently known : And although the 10th 
 and 12th Articles of the Instructions for the Insolvent 
 Estates Chamber, prescribing what they have to do in 
 that respect, the same however seem not to be suffi- 
 ciently known or acted upon, it has appeared to me to 
 be useful to make known, and declare by way of ampli- 
 ation of the said Articles, and referring to the same, 
 that Executors, as soon as ever they perceive an Estate 
 to be Insolvent, should be obliged immediately to deliver 
 the same over to the Chamber of Insolvency, and not 
 to consider by so doing as discharged from their respon- 
 sibility, but, on the contrary, remain accountable to 
 the Creditors or other interested Persons, for all here- 
 ditary Acts executed by them, as well as for other 
 damages or injuries which may be occasioned to the 
 Estate by their administration or neglect; while also 
 the Chamber of Insolvency, after taking over the ad- 
 ministration, perceiving any such neglect or damage, 
 is hereby qualified and obliged, for the interest of the 
 joint Creditors, to act in such manner as the nature of 
 the case and the prescriptions of the Laws require. 
 
 And whereas some doubts have arisen, whether what 
 is prescribed by the 53d Article of the Instructions for 
 the Insolvent Estates Chamber against private Persons
 
 156 
 
 retaining in their possession Goods belonging to the 
 Estates, specified in the 52d Aiticle of said Instructions* 
 should also be extended nominatim to Insolvent Estates* 
 I hereby further declare and make known, that what 
 is prescribed therein is likewise applicab le to all Insol- 
 vent Estates. 
 
 And that no Person may plead ignorance hereof, 
 this shall be published and affixed as usual. 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 15th day of October 181 3. (*) 
 
 (Signed) J. F. Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Government Advertisement. 
 
 NOTICE is hereby given, that is Excellency the Gover- 
 nor and Commander in Chief has been pleased to ap- 
 prove of the following Tariff, according to which the 
 several Sworn Translators shall be paid for their Trans- 
 lations : 
 
 Rds. Sks. 
 
 For translating a Letter or other Document 
 of one sheet or less, - 3 
 
 For every subsequent page containing 18 lines, 
 each line 30 letters, per page, - - 5 
 
 For interpreting in one and the same Case, 
 per hour. 3 
 
 For ditto in several Cases, for each Case, 3 <> 
 
 Castle of Good Hope, 22d October 1813. 
 By Command of His Excellency the Governor, 
 (Signed) II. Alexander, Secretary. 
 
 (') Vidt Ordinance No. 1041833, 8.
 
 157 
 
 Government Advertisement. ( l ) 
 
 NOTICE is hereby given, that His Excellency the Go- 
 vernor and Commander in Chief, after having taken the 
 opinion of the Worshipful the Court of Justice, has 
 been pleased to alter the Tariff of the Fees hitherto 
 paid to the Notaries Public, and to direct, that they 
 shall be permitted to charge in future according to the 
 present Tariff. 
 
 Castle of Good Hope, 21st January 1814. 
 By Command of His Excellency the Governor, 
 (Signed) H. Alexander, Secretary, 
 
 TARIFF. 
 
 Rds. Sks. 
 
 Minuting and Copy of a Bond without Security 1 
 Ditto with Security, - - - 1 4 
 
 Transfer of Slaves and Copy, - - - 1 
 
 Minuting an ordinary Will with a Copy, in the class 
 
 of/6000, - -30 
 
 Ditto ditto upwards of /6000, - - 5 
 
 If further extended, for every page containing not 
 less than 18 lines, and 30 letters in a line, in both 
 classes, - - ^ o 3 
 
 Double by night. 
 
 Superscribing a sealed Will, - 3 
 
 Acts ot Donation inter vivos, and causa mortis, - 2 
 Acts of Assignment, Guarantee, Indemnification, 
 Acquittal, entering upon Administrations, Repudi- 
 ation, and Authorisation, as also all Acts of such 
 nature, - 1 
 
 Bottomry Bond with Copy, - - 2 
 
 (') Vide infra Proclamation 26th May 1815. 
 P
 
 153 
 
 Rds. Sks. 
 
 General Power of Attorney, - 1 2 
 
 General and Codicilary Powers of Attorney to Per- 
 sons abroad, with Copy, - 2 
 Special Power of Attorney, - 1 
 Bills of Exchange, if necessary, with two Copies, -23 
 Acts of Substitution and Surrogation, - - 1 
 Act of Sealing and Unsealing, with Copy, - 2 
 Inventories of Estates, for each pa^e of 18 lines, 
 
 each line containing 30 letters, - - 4 
 
 Acts of Sale, Letting on Lease, Agreement, Contract, 
 Accounts of Estates, Protests, Insinuations, At- 
 testation, Declaration, Revocation, Cession, and 
 Certificates, according to the size, minuting each 
 page containing lines and letters as above, - 3 
 
 And for copying the same : 
 
 For all Copies, without distinction, per sheet, - 4 
 A Contract previous to Marriage, - 2 
 
 But should it be of a gi eater extent, and by which a 
 Testamentory Disposition is made, then on the 
 same footing as above-mentioned for Wills. 
 For signing and authenticating all Acts, without dis- 
 tinction, with or without Witnesses, - 4 
 All exclusive of the attendance, in case such Acts 
 may not be executed at the Office of the Notary, 
 and also exclusive of the Stamp. 
 
 For going anywhere within this Town, - 4 
 
 Ditto outside ditto, 1 
 
 Attendance by day, 2 
 
 Double by night. 
 
 Government Advertisement. 
 
 NOTICE is hereby given, that hereafter the Banns of all 
 Marriages (English and Dutch) intended io be solem- 
 nized according to the forms of the Established Church 
 of England, are to be published in an English Church
 
 159 
 
 in this Colony, as Banns are now published in the 
 Dutch Churches. 
 
 Castle of Good Hope, 26th February, 1814. 
 By Command of His Excellency Governor, 
 (Signed) H. Alexander, Secretary 
 
 Proclamation by His Excellency Lieutenant- General 
 Sir John Francis Cradock, 6fc. fyc. 
 
 WHEREAS with much concern I have learned, that the 
 mistaken notion and habit still prevail, that the shoot- 
 ing or otherwise killing of Prisoners, (*) who attempt 
 to escape, or the shooting or otherwise killing of others, 
 who may be apprehended, if done after having called 
 out to them three times " to stand!" is considered as a 
 lawful practice ; and whereas it has recently appeared, 
 that this error has given rise to very cruel transactions, 
 I have therefore judged proper, in order to prevent the 
 evil consequences which may further result therefrom, 
 to declare, as I hereby do declare accordingly, that in 
 cases of homicide, the calling out of "stand!'' with- 
 
 7 O 
 
 out special order from the competent Magistrate, shall 
 by no means be admitted as a sufficient excuse of itself, 
 and shall be only taken into consideration by the Courts 
 of Justice, for as far as connected with other lawful 
 mitigating circumstances, that of calling out " to stand" 
 may and ought to have due influence on the mind of the 
 Court, according to the principles of an impartial and 
 equitable administration of Justice. ( 2 ) 
 
 I hereby further order and direct the Worshipful the 
 Courts of Justice, His Majesty's Fiscal, and all other 
 higher and inferior Magistrates, strictly to observe, 
 and to cause to be observed, this my declaration ; as 
 
 (1) Vide Ordinance, No. 91825. 
 
 ( 2 ) Vide Ordinance, No. 21837.
 
 160 
 
 also in particular, to make the same known in the 
 clearest manner possible to every one especially in the 
 Country Districts. 
 
 And that no Person may plead ignorance hereof, 
 this shall be published and affixed as usual. 
 God save the King! 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 24th day of March 1814. 
 
 (Signed) J. F. Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation C 1 ) by His Excellency Lieutenant- General 
 
 Sir John Francis Cradock, 6fc. 8fc. 
 WHEREAS it appears necessary and befitting the growing 
 prosperity of this Colony, throughout which the com- 
 munications from all parts, even the most distant, (so 
 different from old times) are now become easy and fre- 
 quent, that all transactions, of every degree, should be 
 directly placed under the immediate view and active 
 controul of the Supreme Authority ; and whereas above 
 all others, it is indispensably required, that every 
 species of Taxation or imposition upon the people, as 
 well in Cape Town as throughout every District, should 
 in future not only arise with the Supreme Government, 
 but be altogether dependent upon it, in every part of its 
 operation ; and whereas it is further essential, that all 
 Assessments throughout the Settlement should be made 
 upon uniform, avowed, and universally known princi- 
 ples; and whereas also, the Supreme Government, 
 from its nature, from the superior information it com- 
 mands, and the comprehensive view, of necessity, it 
 impartially takes of the advantage of the whole Com- 
 
 (') Vide Ordinance, No. 571829.
 
 161 
 
 munity, is alone qualified to accomplish so difficult a 
 task, or diffuse that general satisfaction or contentment, 
 so rarely to be found in every subject of this ungracious 
 and peculiar cast, and which nothing will gain, but 
 through the uncontroverted stamp of the highest autho- 
 rity. 
 
 I have therefore, from all these powerful motives, 
 aided by the most able advice and highest legal assis- 
 tance in this Colony, devoted the utmost attention to 
 the whole consideration, and, in consequence, do here- 
 by enjoin and promulgate the following Regulations, 
 which will altogether confirm to the Inhabitants of this 
 Settlement, the paternal regard of His Majesty's Go- 
 vernment, and the unceasing vigilance and decided 
 resolve, that every proceeding should bear the full 
 character of positive Law, Equity, and impartial Jus- 
 tice, which it is firmly expected will be answered by 
 becoming gratitude, and the due and cheerful obedience 
 to the general regulations of the State. 
 
 1. That the Taxes throughout the Country Districts, 
 Cape District included, shall be regulated on the same 
 principles, and that as well the amount of all ordinary 
 Taxes, as the objects for Taxation of the same, shall 
 be equal in all and every District. 
 
 2. That the Cape District, to commence with this 
 current year, shall have the administration of its own 
 Finances, separated from Cape Town. 
 
 3. That the Taxes in Cape Town, and in the several 
 Country Districts, shall be distinguished in Ordinary 
 and extraordinary Taxes, the latter to continue only so 
 long as the exigencies for which they are raised continue 
 to exist. 
 
 4. That no Tax whatever shall be levied in any part of 
 the Colony, without the previous sanction of Govern- 
 ment and subsequent legal promulgation of the same 
 by way of Government Proclamation. 
 
 5. That each Tax, as well Ordinary as Extraordinary, 
 
 p2
 
 162 
 
 shall always be levied separately, and entered in the 
 same manner, so that it may be known to every Con- 
 tributor what he has to pay for each Item of Taxation. 
 
 6. That in Cape Town the Ordinary Taxes are to 
 consist in : 
 
 a) Hearth Money. 
 
 b) Ordinary Assessments. 
 
 And the Extraordinary Taxes in : 
 
 c) Contribution to the Water Pipes, and 
 
 d) Commando Tax. 
 
 7. That Hearth Money shall continue to be levied at 
 the present rate, and a separate Account kept of the 
 same, and that Ordinary Assessment, instead of the 
 general way of Taxing each Person according to his ap- 
 parent Wealth and Income, shall be Taxed according 
 to his Income "alone," either arising from Office, 
 Profession, Trade, Commerce, Slave Hire, and other 
 sources of a Life Interest, or other temporary nature, or 
 from Houses, Mortgages, Debts, &c. of a permanent 
 and transmissible nature. 
 
 8. That the Extraordinary Assessments for the Water 
 Pipes shall continue on the present footing, until 
 the pleasure of His Majesty is received, according to 
 the classification of Houses made by the Burgher Senate, 
 and approved of by Government ; which classification 
 will be published for information. 
 
 9. That the Commando Tax shall be regulated after 
 the Ordinary Assessment, by making a proportionate 
 augmentation of the same. 
 
 10. That the Buro-her Senate shall form a classifi- 
 
 O 
 
 cation of the respective Incomes of the Burghers and 
 Inhabitants of Cape Town, and make a proportional 
 Assessment whereby the same Sum, now raised under 
 the denomination of Ordinary Tax, Street Tax, and 
 Extraordinary Assessments, be produced, and no more. 
 
 11. Thatthis classification shall be laid before Govern- 
 ment, and after having been approved of, shall be pro-
 
 163 
 
 mulgated without the addition of any one's name, with 
 the sole view of enabling those who, on learning the 
 amount of their Assessment from the Burgher Senate, 
 might deem themselves thereby aggrieved to seek for 
 redress in a regular manner. 
 
 12. That any Individual who conceives his Income 
 over-rated may, upon oath, class himself, liable to a 
 penalty of five times the amount of the Tax when 
 detected in a false classification, besides the usual 
 penalty of perjury. 
 
 13. That in cases of Persons denying money due to 
 them for the purpose of evading Taxes, upon a certifi- 
 cate given of such denial by the Burgher Senate, or 
 other competent Magistrate, no suit at Law for the 
 recovery of such debt shall be entertained in this Colony. 
 
 14. That in the Country Districts, the Ordinary 
 Taxes are to consist in : 
 
 a) Head Money. 
 
 b) Tax on Cattle. 
 
 c) Tax on Produce. 
 
 And the Extraordinary Taxes in : 
 
 d) Commando Tax. 
 
 e) Contribution for Waggons, Horses, &c. re- 
 
 quired for the Public Service of Government. 
 
 1 5. That the Ordinary Taxes are to be levied accor- 
 ding to the hereunder inserted Tariff, viz : 
 
 Head Money. 
 All Heads of Families, Men and Women; alll 
 
 Men above 16 years, and all Women above s 2J Rds. 
 20 years of age, per head, 
 
 Cattle. 
 
 Each head of black Cattle, 2 Stvs. 
 
 Saddle or Waggon Horse, 4 
 
 Breeding Horse, - - - 2 
 
 25 Sheep, Goats, or Pigs, 6
 
 164 
 
 Produce. 
 Each Muid of Wheat, -^ 
 
 * ye ; ( ... 2 Stvs. 
 
 Barley, i 
 
 Oats, 3 
 
 Leaguer of Wine, - -16 
 
 : Brandy, - - 36 
 
 16. That the Extraordinary Taxes in the Country 
 shall be regulated after the same Tariff, by making a 
 proportionate augmentation on the Items of Taxation. 
 
 17. That for the contribution of required Waggons, 
 &c. no more shall be assessed than the actual amount, 
 which is to be paid for the last year's requisition. 
 
 18. That the local charges in some Districts, viz : 
 a} Church Tax in Swellendam, George, Graaff- 
 
 Reinet, and Uitenhage. 
 b} Turnpike in Swellendam and George. 
 
 c) Flying Bridge Toll, in Stellenbosch and Swel- 
 lendam, 
 
 d) Tax on each Waggon-load of Timber, in George 
 are to continue in these respective Districts, to wit : 
 Church Money, until the Debts of the Church shall be 
 duly discharged) at the rate of four Stivers per week 
 for each Place, and two Stivers per week for each Erf ; 
 which Tax shall in future also be levied in those Coun- 
 try Districts, where the Church is still charged with 
 Debts ; and the three other charges according to the 
 thereof existing Tariffs, which are also to be published 
 for information. 
 
 19. That however Church Money shall only be paid 
 for the Church of the Parish to which the Places and 
 Erfs belong; and Flying Bridge Toll, as well as Turn- 
 pike Toll, only by those who make use of the same. 
 
 20. That the Turnpike Toll at both the entrances 
 of the Village of Swellendam shall cease, unless the
 
 165 
 
 same shall by Government be deemed necessary for the 
 repairs of the Roads in that District. 
 
 21. That the School Tax in the Country Districts, 
 and in particular the contribution at Graaff-Reinet, for 
 the Buildings of the Drostdy and the Water-dam, 
 shall not be considered and levied as Extraordinary 
 Taxes, but henceforth be comprehended in, and de- 
 frayed out of, the Ordinary Revenue of those respec- 
 tive Districts. 
 
 22. That for so far as any of the Inhabitants of 
 the Country Districts may not have either Cattle 
 or Place, or over and above such property, have 
 any other income, whether from interest of money 
 or other sources, such Inhabitant shall contribute in 
 like proportion as those in Cape Town, and be subject 
 to the same penalties in case of fraud. 
 
 23. That the wealth of the several Country Districts, 
 in consequence of the different extent of population 
 and produce in the same, being different also, the 
 balance in favour of one District, shall be subject to 
 the disposal of Government, in behalf of one or more 
 of the other Districts. 
 
 It being expressly forbidden to exceed in any one 
 District the ordinary expenditure, on account, or on 
 the ground, of a balance in favour of the same, unless 
 for reasons approved of by Government. 
 
 24. That the amount of receipt and expenditure in 
 Cape Town, and the several Country Districts, shall 
 at the expiration of every Twelve Months, be subject 
 to be audited, as all other Public Accounts, and be 
 made public in the weekly Gazette, in order to enable 
 those who might have been aggrieved, to bring their 
 complaint in a regular manner before the local Ma- 
 gistrate ; and further, if need, to lay the same before 
 me, or before the Governor for the time being.
 
 166 
 
 And that no Person may plead ignorance hereof, this 
 shall be published and affixed as usual. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 1st day of April 1814. 
 
 (Signed) J. F. Cradock. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation ( x ) by His Excellency Lieutenant- General 
 
 Lord Charles Henry Somerset, Sec. &fc. 
 WHEREAS it has appeared necessary and convenient 
 for the Inhabitants of that part of the Cape District 
 extending from Muizenburg to Cape Point, or the 
 Uiterste Hoek, to have an internal arrangement for 
 their Magistracy, so as to obviate the necessity of 
 referring all matters of Police and those relating to 
 Lands to the Magistracy of Cape Town, and whereas 
 the important change by which the Naval Station is 
 now fixed at Simon's Bay, renders it probable that Si- 
 mon's Town will not only be much enlarged and be- 
 come extremely populous, but that it will be the ren- 
 dezvous of much shipping touching here for Convoy. 
 For these reasons, and by virtue of the authority by 
 His Majesty in me vested, I have thought proper to 
 direct, and hereby direct as follows : 
 
 1. The District of Simon's Town shall be entirely 
 separated from Cape Town and the Cape District, and 
 form an Establishment apart under its own particular 
 Magistrate, as hereinafter directed. 
 
 2. An ideal line from Muizenburg to the Noord Hoek 
 will form the separation of the District of Simon's 
 Town from that of the Cape. Should any doubt exist 
 with regard to Places or Erven, which may be situated 
 upon the line in question, the Landdrost of the Cape 
 
 (') Vide infra Ordinance No. 38.
 
 167 
 
 District will arrange the matter with the Magistrate of 
 Simon's Town, who will henceforth be styled the Go- 
 vernment Resident, according to the usual custom in 
 the separation of Country Districts. 
 
 3. The Revenue arising from the Ordinary and Extra- 
 ordinary Taxes, as established in the Proclamation of 
 the 1st April last, and the Toll- on Muizenburg Road, 
 will in future be collected by the Government Resident 
 of Simon's Town District, and the proceeds will be 
 expended in defraying the necessary expences of the 
 District, the accounts and vouchers for such expendi- 
 ture are to be kept and audited in the manner pointed 
 out in the 24th Article of the Proclamation of the 1st 
 April aforesaid. 
 
 4. The Heads of Expenditure entrusted particularly 
 to the Government Resident, are : 
 
 1st. The Repairs of the Wharf. 
 
 2d. The Repairs of the Government Civil Buildings. 
 
 3d. The Repair of the Roads, especially of that 
 to Muizenburg, and the Repairs of the 
 Streets ; but this will not include the forma- 
 tion of a new Road between Simon's Town 
 and Muizenburg, which will be immediately 
 commenced under special Instructions from 
 me. 
 
 5. In order to meet the expence of these items, inde- 
 pendent of the Taxes above alluded to, a rate of 
 Wharfage for all Goods, not the property of His Ma- 
 jesty, will be established, and a charge allowed to be 
 made against all Vessels frequenting the Port, except 
 those in the King's Service, for Watering. 
 
 6. The Government Resident of Simon's Town will 
 exercise the same authority within that District, as 
 the Landdrosts do in their respective Districts. 
 
 7. The Government Resident of Simon's Town will 
 report his proceedings, as far as they relate to good
 
 168 
 
 order and the peace of the Town, to the Commandant 
 of the Place, giving him an account of such Sailors or 
 others, as he may have found necessary to confine, on 
 the morning subsequent to their being taken up, at 
 farthest ; but with respect to Finance, or disposition 
 of Lands, or other things not connected with the breach 
 of Peace or public tranquillity, the JGovernment Resi- 
 dent will as usual continue to correspond immediately 
 with me, or the Governor for the time being, through 
 the Office of the Colonial Secretary. 
 
 8. The Town of Simon's Town shall be divided into 
 two Wards, as hereinafter described, and a Wardmas- 
 ter, to act under the same regulations and instructions 
 as the Wardmasters of Cape Town, shall be appointed 
 to each Ward. 
 
 The first Ward to comprise all Houses, &c. situated 
 between the North Battery and the Wharf, and the 
 second all Houses, &c. situated between the Wharf and 
 the Naval Hospital. 
 
 The District of Simon's Town contains two Field- 
 Cornetcies, viz : that of the Noord Hoek, and that of 
 the Wildschutbrand, whose duties are pointed out by 
 the General Regulations on this subject. 
 
 The Government Resident will point out the Boun- 
 daries of the Field-Cornetcies in question. 
 
 And that no Person may plead ignorance hereof, this 
 shall be published and affixed as usual 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 24th day of May 1814. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary.
 
 169 
 
 Proclamation by His Excellency Lieutenant- General 
 
 Lord Charles Henry Somerset, &fc. 8fc. 
 WHEREAS in consequence of the Regulations directed 
 by the Proclamation of the 6th August 1813, ( x ) for 
 the change of the Tenures of Loan Leases to Tenures on 
 Perpetual Quitrent, some doubts have arisen with re- 
 spect to the value of the Stamps on which the Receipts 
 for the several amounts of Quitrent due to His Majes- 
 ty's Government should be drawn out, I do therefore 
 by virtue of the Power and Authority in me vested, 
 hereby order and direct, that Stamps, according to 
 the following Tariff, be hereafter used for all Receipts 
 for Money, paid on account of Quitrent due to the 
 Government, of which the Receiver General of Land 
 Revenue, the Collector of Tithes, and the respective 
 Landdrosts, are desired to take especial notice. 
 Tariff of Stamps to be used for the Receipts of Rent 
 payable on Land granted on Perpetual Quitrent. 
 
 Rds. Sks. 
 From 1 to 10 Morgen - 2 
 
 10 to 30 3 
 
 30 to 50 - 4 
 
 50 to 60 - 5 
 
 60 to 80 - 6 
 
 80 to 100 - 1 o 
 
 100 to 500 - 1 4 
 
 500 to 1000 2 4 
 
 1000 to 2000 - .40 
 
 2000 and upwards, 5 
 
 And that no Person may plead ignorance hereof, this 
 shall be published and affixed as usual. ( 2 ) 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 3d Day of June 1814. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 (') Vide supra, p. 147. 
 ( 2 ) Vide infra Proclamation, 23d Dec. 1814. 
 Q
 
 170 
 
 Proclamation ( T ) by His Excellency Lieutenant-General 
 the Right Honorable Lord Charles Henry 
 
 Somerset, $fc. $*c. 
 
 WHEREAS by a Proclamation, bearing date 9th day of 
 October 181 1,( 2 ) it is provided, that if upon view of such 
 Goods, Wares, and Merchandize, (as have been entered 
 ad valorem, at the Custom House for Importation or 
 Exportation, by the declaration of the Proprietor, 
 Agent, or Factor,) it shall appear to the proper Officer 
 of the Customs, " That they are not valued according 
 to the true price thereof, and according to the true in- 
 tent and meaning of that Proclamation, then the pro- 
 per Officer or Officers shall detain such Goods, Wares, 
 and Merchandize, and cause them to be properly secured, 
 and take them for the use and benefit of His Ma- 
 jesty: and cause the said Goods, Wares, and Mer- 
 chandize, to be publicly sold, on account of His 
 Majesty ; and at the expiration of three months from 
 the date of Sale, the Collector of His Majesty's Cus- 
 toms shall pay or cause to be paid, to the Proprietor, 
 Ascent, or Factor aforesaid, the value thereof so ascer- 
 
 O * * 
 
 tained as aforesaid, together with an addition of 10 
 per Cent, thereon, without any other allowance, charge, 
 or expense whatsoever ; which payment, so made to 
 the Proprietor, Agent, or Factor of such Goods, 
 Wares, or Merchandize, shall be in full satisfaction for 
 the same to all intents and purposes whatsoever." 
 
 And by a further Proclamation, dated the 8th day 
 of January 1813, the aforesaid Regulation is extended 
 to the purposes of the said Proclamation of the 8th 
 January 1813. Now, therefore, be it hereby made 
 known, that considerable inconvenience has been found 
 to arise from the advantage granted to Merchants under 
 
 Vide supra Proclamation 20tU Nov. 1812. p. 121. 
 Supra, p. 111.
 
 the clause aforesaid, which has, in consequence, been 
 repealed and done away at the Custom Houses in 
 Great Britain. 
 
 And whereas it is expedient to assimilate the practice 
 of this Colony, to that of Great Britain, in this instance, 
 it is therefore hereby declared, that the aforesaid clause 
 in the Proclamation of the 9th October 1811, is hence- 
 forward to be considered null and void. And in lieu 
 thereof, it is hereby ordered and enacted, that from 
 aud after the date of these presents, in all cases of 
 Import or Export, the Duties upon which are, by the 
 Laws now in force, payable ad valorem, calcula- 
 ted thereon from the declaration of the Proprietor, 
 or his Agent, or Factor, if upon view of such Goods, 
 Wares, and Merchandize, by the proper Officer or 
 Officers of the Customs, it shall appear to him or them, 
 that they are not valued according to the true price 
 thereof at this place then the proper Officer or Officers 
 shall detain such Goods, Wares, or Merchandize, and 
 cause them to be properly secured, and take them for 
 the use and benefit of His Majesty ; and cause the 
 same to be publicly sold, on account of His Majesty; 
 and at the expiration of three Calendar months, 
 from the day of the Sale, the Collector of His Majes- 
 ty's Customs shall pay, or cause to be paid, to the 
 Proprietor, or his Agent, or Factor aforesaid, the 
 value thereof so ascertained by his declaration afore- 
 said, without any other allowance, charge, or expense 
 whatsoever, which payment, so made to the Proprietor, 
 Ao-ent, or Factor, who shall have entered the Goods, 
 
 O ' ' ' 
 
 Wares, or Merchandize, by declaration of their value 
 as aforesaid, shall be in full satisfaction for the same, 
 to all intents and purposes whatsoever. 
 
 And it is further hereby ordered and directed, that in 
 case there shall be any overplus remaining from the pro- 
 duce of such Sale, after deducting the value so ascertained
 
 172 
 
 as aforesaid, and of the duties payable thereon, and 
 of the charges arising from the Warehousing and Sale 
 of Such Goods, Wares, or Merchandize, the Collec- 
 tor of His Majesty's Customs is hereby authorised to 
 dispose of such overplus, in the manner pointed out 
 in the aforesaid Proclamation of the 9th October 
 1811. 0) 
 
 And in order that no Person may plead ignorance 
 hereof, this shall be published and affixed in the usual 
 manner. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 5th day of August 1814. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation by His Excellency Lieutenant -General 
 the Might Honorable Lord Charles Henry 
 
 Somerset, $*c. fyc. 
 
 WHEREAS it has been represented to me to be indis- 
 pensable that some new arrangements should take 
 place to ensure more punctual attention to, and com- 
 pliance with the requisitions for Waggons in Cape Town 
 and its environs, directed to be impressed for the Public 
 Service : I have therefore taken this circumstances into 
 my most serious consideration, and in order to prevent 
 irregularities and the delays occasioned by disputes or 
 excuses, I have deemed it expedient and necessary to 
 order and direct, as I hereby do order and direct, that 
 the following Regulations shall be henceforth strictly 
 enforced in Cape Town and its environs : 
 
 1. A Waggonmaster shall be appointed, with a Sa- 
 
 (') Fide supra, p. 111.
 
 173 
 
 iary, who shall reside in Cape Town, under the imme- 
 diate orders of His Majesty's Fiscal, or Deputy Fiscal 
 all his requisitions, verbally or in writing;, shall be 
 obeyed punctually and without the least delay by all 
 Proprietors of Waggons, Carts, Horses, Oxen, or 
 Mules, residing in Cape Town, or on this side of the 
 Blueberg, Vissershok, Tygerberg, the South part of 
 the Cape Duynen, in a direct line from Tygervalley, to- 
 wards the Sea-shore of False Bay inclusive. 
 
 2. There shall only be exempted from these requisi- 
 tions the principal Officers of the Civil Departments, 
 the Officers and others belonging to the Garrison, the 
 Contractors for Bread for His Majesty's Naval and 
 Military Forces, which latter shall only be exempted 
 for such Waggons as they shall prove to the satisfaction 
 of His Majesty's Fiscal, or Deputy Fiscal, to be ne- 
 cessarily employed by them in the fulfilment of their 
 Contracts, and the Licensed Bakers of this Town, for 
 one Waggon each. 
 
 3. Every Proprietor of Waggons, Carts, Horses, 
 or Mules, in the Cape Town, or within the limits 
 pointed out in the 1st Article, including the said Mili- 
 tary and Naval Contractors, shall send to the Fiscal's 
 Office on or before the 10th September next, a List, 
 containing the exact number of his Waggons, Carts, 
 Horses, Oxen, or Mules, under his signature, in de- 
 fault whereof he shall forfeit a penalty of Fifty Rix- 
 dollars, to be divided, one half to the Informer, and 
 the other to the Waggonmaster. 
 
 4. The Waggonmaster having received these Lists 
 shall draw out a general return of all Waggons, Carts 
 Horses, &c. under the Superintendence of the Deputy 
 Fiscal, and give to each Waggon or Cart a Number 
 and furnish copies of said Return to the Fiscal's Office 
 the Landdrost's Office, the Office of the Secretary of 
 the Burgher Senate, and to the 1st UndersherifT. to be 
 
 Q2
 
 174 
 
 had recourse to when needful, and to be inspected by 
 every person chosing to so do ; and further, he shall 
 cause a copy to be affixed at the Public Town Hall. 
 
 5. The Waggonmaster shall, under the Superinten- 
 dence aforesaid, draw out new Lists every six months 7 
 and affix the same in the Town Hall, and forward 
 copies to the Field-Cornets of the Cape District within 
 the said limits, and to the Offices specified in the pre- 
 ceding Article. 
 
 6. Should any Proprietor of Waggons, Carts, Horses, 
 Oxen, or Mules, within the said limits, dispose of the 
 sa.me by sale or otherwise, he shall report the change 
 to the Waggonmaster in writing, within three days, 
 and in case of neglect, be subject to a penalty of Fifty 
 Rix-dollars ; to be divided, one half to the Informer, 
 and the other half to the Waggonmaster. 
 
 7. The Waggonmaster shall call upon every Person 
 on the general Return above alluded to in his turn, 
 without any partiality or distinction, and be liable 
 to dismission from his sitaation, should he impress, 
 without sufficient cause, of which His Majesty's Fis- 
 cal shall be the Judge, any Waggon, Cart, Horses, 
 &c. twice, while there remain any other unimpressed 
 upon the List. 
 
 8. Any Person refusing or neglecting to comply 
 with the requisition of the Waggonmaster, shall be 
 reported by him to His Majesty's Fiscal, or Deputy 
 Fiscal, and be liable to a Penalty of 50 Rds. upon 
 proof thereof, one half of which sum is to be paid to 
 the Waggonmaster, and one half to the Person whose 
 Waggon, &e. was employed in lieu thereof, the pay- 
 ment of which Penalty, however, shall not excuse 
 such Person from furnishing the next Waggons required, 
 though not then the next upon the List. 
 
 9. Any Person refusing the payment of the above 
 Penalties, shall be summoned before the Commissioners
 
 175 
 
 of the Court of Justice, and proceeded against as the 
 Law directs. 
 
 10. Any Person conceiving himself called upon for 
 his Waggons, Carts, Oxen, Horses, or Mules, out of 
 his proper turn, or to be in any other manner ill-treated 
 and oppressed by the Waggonmaster, is, in the first 
 place, to comply with the requisition, and then be at 
 liberty to lodge his complaint with His Majesty's 
 Fiscal or Deputy Fiscal, in order that the matter may 
 be investigated, and if the Waggonmaster should be 
 judged to be guilty, His Majesty's Fiscal is to report 
 him to the Colonial Secretary for my information, in 
 order to his being dismissed from his situation, or to 
 such steps being taken respecting him, as the nature 
 of the case shall appear to require. 
 
 11. The Wagonmaster is to draw up a regular ac- 
 count of all Waggons impressed for the Public Service, 
 every two months, and pay the amount received for 
 the requisitions to the Deputy Fiscal, within 12 hours, 
 on pain of being dismissed. 
 
 12. All Persons having claims for Waggons, &c. 
 shall call for payment on the Deputy Fiscal, at the 
 end of every two months, from the date of their Wag- 
 gons, &c. having been furnished for Public use. 
 
 13. The Deputy Fiscal shall, when called upon, 
 state to the Deputy Quartermaster General, what 
 Waggons have been paid for, and if any remain un- 
 paid for after the expiration of the two months, the 
 reasons of such non-payment. 
 
 14. The Waggonmaster shall, on no account, im- 
 press any Waggon from the Country Districts coming 
 to Cape Town, unless specially directed so to do. 
 
 15. The present Regulations will not excuse the Field- 
 Cornets of the Cape District from keeping the Lists 
 ordered by the 3d Article of the Proclamation of the. 
 16th July 1806, and from acting in such cases as cli-
 
 176 
 
 reeled by the said Proclamation, and the Proclamation 
 of the 12th March 1813. (*) 
 
 And that no Person may plead ignorance hereof, this 
 shall be published and affixed as usual. 
 
 God save the King ! 
 
 Given undermy Hand and Seal, at the Cape of Good 
 Hope, this 26th Day of August 1814. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Government Advertisement. 
 
 IT having been represented to His Excellency the Go- 
 vernor, by the several Magistrates of the Country 
 Districts, that some inconveniences have been felt in 
 consequence of the Regulations for the expenses of 
 Surveys of Lands, published on the 16th July 1813, ( c ) 
 His Excellency has been pleased to direct the following 
 amended set of Regulations to be established and made 
 
 3 
 
 public : 
 
 Art. 1. All applications which may be referred to 
 the Landdrost and Heemraden for examination, shall 
 be distinguished and arranged by them at their Monthly 
 or Quaterly Meetings, in such manner that Lists can 
 be formed of all the places situated under the same 
 Field -Cornetcy, in which the applications are to follow 
 in the same order as the different Lands requested for 
 are situated. 
 
 2. These Lists being made out, a Commission, con- 
 sisting of the Landdrost or Deputy Landdrost, and one 
 Heemraad, assisted by one of the Sworn Surveyors, 
 shall repair to the Field-Cornetcy where the Places are 
 
 (') Fide these Proclamations supra, p. 17 and 136 and ride infra Pro- 
 clamation, 14th February 1817. 
 
 ( 3 ) The Regulations of 16th July 1813, are not given, because 
 they are entirely repealed by these.
 
 177 
 
 successively situated, and there (after having first heard 
 the Field-Cornet and the interested parties, specially 
 to be summoned for that purpose, and being informed 
 of all the circumstances from the different parties, 
 which Government should be acquainted with), on the 
 Applicants pointing out the several Lands to the Sur- 
 veyor, he shall proceed from Place to Place, in the 
 order pointed out by and under the direction of the 
 Commission, and measure the same (if no sufficient 
 objection to the Commission appear thereto) in pre- 
 sence of the Field-Cornet of the Division, who is to, 
 point out to the said Surveyor all the Springs within 
 the Land in question, of which he may be aware, and 
 to take care that sufficient Landmarks be erected at 
 the several angles forthwith. 
 
 3. The Commission having thus inspected those Lands 
 or Places, and pointed the same out to the Surveyor 
 as aforesaid, shall be considered as having terminated 
 its proceedings ; and the Land Surveyor, in ihe presence 
 of the Field-Cornet, is to continue his operations in the 
 same order, and in the manner prescribed after 
 which, he is to furnish the Landdrost with a Diagram 
 of each Place, drawn out according" to the form directed 
 
 * ~ 
 
 in the Surveyors 1 Instructions. 
 
 4. Immediately on the receipt of this Diagram, the 
 Commission shall semi in their report to His Excellency 
 the Governor, stating therein all the circumstances, as 
 well regarding the nature of the ground as with respect 
 to the Applicant, according to such orders as already 
 exist, or may be given hereafter. 
 
 5. The object of His Excellency being to save all 
 unnecessary expense to the parties applying, and to 
 preserve uniformity in the Survey, and impartiality to 
 the parties, relies upon the zeal and local knowledge of 
 the Landdrost, Deputy Landdrost, and Heemraden, that 
 they should arrange the several applications in the mode
 
 178 
 
 best calculated to effect economy, expedition, and gene- 
 ral accuracy, by pointing out to the Surveyors, succes- 
 sively in their order, the different Lands applied for, so 
 that the Surveyors may proceed with dispatch, and 
 without interruption, by which much expense will be 
 saved. 
 
 6. All former Rules and Regulations to stand good, 
 which are not hereby altered, or rendered of no effect. 
 
 7. Allowance for daily Expenses, and other inciden- 
 tal charges of Carriage-hire, &c. to be defrayed by the 
 Persons applying for Lands. 
 
 8. Landdrosts and Deputy Landdrosts, are to be al- 
 lowed 8 Rds. the Heemraden 6 Rds. per day, over and 
 above the expense of Waggon-hire ; and an Orderly or 
 Messenger, is to be allowed to each Commission, at 3 
 Rds. per diem, including the expense of a horse. 
 
 9. When more than one inspection is made in a day, 
 or several in succession in the same Field -Cornetcy or 
 neighbourhood, all expenses of Waggon-hire, and daily 
 allowance, to be divided amongst the Applicants, in 
 proportion to the time occupied in the several Inspections 
 and Surveys. 
 
 10. When the Surveyor acts without the Commission, 
 the several Applicants are to defray the expenses of 
 Waggon-hire, in proportion to the time occupied in the 
 Survey of the Land solicited for by each ; but the instru- 
 ments used by the Surveyor are to be conveyed to the 
 spot by those at whose request the Survey is to be 
 made. 
 
 11. Waggon-hire is to be charged according to the rate 
 which the Landrost, Deputy Landdrost, and Heemra- 
 den of the District from whence the Surveyor proceeds ? 
 consider to be legal and usual ; and in those cases where 
 Commissioners have to proceed into such parts of the 
 Colony as cannot afford proper accommodation, then it 
 is permitted to the Commission to take, and charge for
 
 179 
 
 a second Waggon, for the carriage of Tents, Bedding^ 
 and such other things as may be essentially necessary. 
 
 12. When Lands are to be surveyed for an Individual, 
 separate and distinct from others, he may furnish a 
 Waggon, or other mode of conveyance, satisfactory to 
 the Commission and Surveyor. If any objection is made 
 to-the conveyance proposed, that shall be decided by the 
 Landdrost or Deputy Landdrost. 
 
 13. The Field-Cornets who may be called upon to 
 assist at any Survey, to be allowed 4 Rds. per day, 
 but without any travelling expenses. 
 
 14. Expenses allowed the Surveyor: 
 
 Rds. Sk. 
 
 a) The measuring of Lands of 10 Morgen 
 
 or less, - - 6 
 
 b) From 10 to 60, - 10 
 
 c) From 60 to 100, - 12 4 
 
 d) Above 100 Morgen, 4 Stivers raore for 
 
 each Morgen. 
 
 e) For Travelling Expenses, per day, - 4 
 
 f) For his Servant, ditto, -10 
 All other assistance to be provided by the Applicants. 
 The Diagrams to be charged as formerly. 
 
 15. The Surveyor to be paid by a Bill upon the Dis- 
 trict Treasury, quarterly, upon a return of the Survevs, 
 Valuations, and Diagrams ; and the Landdrost and 
 Heemraden are authorised to call upon the parties to 
 deposit with the District Secretary, the probable expen- 
 ses of the Commission previous to setting out, for which 
 a due receipt is to be given them ; and in case of not ob- 
 taining the grant, the amount to be forthwith reim. 
 bursed. 
 
 16. Exclusive of the reports of the Commissions as 
 now made, a copy of all transactions is, by the District 
 Secretary, to be forwarded quarterly to the Colonial 
 Secretary, and a duplicate thereof, signed by him, to
 
 180 
 
 remain at the Drostdy, in order reference may be had 
 to the same, should it be necessary. 
 
 ]7. In consequence of the additional trouble, the Dis- 
 trict Secretary to be allowed 2 per Cent, to be collec- 
 ted from the parties, on the amount of their Bills. In 
 case the parties do not agree as to the proportion of the 
 expenses to be born by each, such proportions must be 
 settled by the Commission, and their award is conclu- 
 sive. 
 
 Cape of Good Hope, 30th September, 1814. 
 
 Bj Command of His Excellency the Governor, 
 (Signed) H. Alexander, Secretary. 
 
 Government Advertisement. 
 
 His Excellency the Governor and Commander in Chief 
 has been pleased to direct, 
 
 1st. That in all cases of seizure made in consequence 
 of any breach of the Laws respecting His Majesty's 
 Customs, such cases shall be brought before the Com- 
 missioners of the Court of Justice, on the first Monday 
 subsequent to the informations given to His Majesty's 
 Fiscal of the seizure having been effected, provided the 
 Monday be more than three days from the date of the 
 said information ; but if it be within that period, then 
 the case shall stand over until the ensuing Monday. 
 
 In all cases of seizure made in the Residency of 
 Simon's Town, the Cape District, and in the Country 
 Districts, such cases shall be brought before the Com- 
 missioners of the Court of Justice, within the shortest 
 period the circumstances of such cases will admit. 
 
 2d. That a copy of the sentence of confiscation shall, 
 on the day on which such sentence shall pass, be 
 transmitted by the Secretary of the Court of Justice, to 
 the President and Members of the Insolvent Estates 
 Chamber, in order that the sale of such Goods as shall
 
 181 
 
 be condemned in consequence of any sentence of Com- 
 missioners of the Court of Justice, may be advertised 
 in the two next Gazettes subsequent to the adjudication, 
 and then take place without delay. 
 
 3d. In all cases of sale of property seized and con- 
 demned in consequence of any breach of the Revenue 
 Law, such sale shall take place by the Chamber for 
 Regulating Insolvent Estates, to whom the sentence is 
 transmitted by the Secretary of the Court of Justice, 
 but under the direction of the Collector and Comptrol- 
 ler of the Customs, and at the Custom House, in all 
 cases, unless where an absolute necessity exists of fol- 
 lowing 1 the Goods, and in every case the proceeds, 
 after deducting the usual expences, shall, at the expi- 
 ration of three months, be lodged in the Lombard Bank 
 for the benefit of the parties ultimately interested there- 
 in, according to Law, and the present usage. 
 
 Cape of Good Hope, 21st October 1814, 
 
 By Command of His Excellency the Governor, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, Sfc. fyc. 
 WHEREAS it is extremely desirable and highly necessary, 
 that permanent Landmarks should be placed and con- 
 tinued at the several Angles of the respective Landed 
 Properties and Estates within the Settlement: It is there- 
 fore hereby directed, that whenever a regular Survey has 
 taken place of any Estate or Landed Property, I ho 
 Government Surveyor shall point out to the Possessor 
 or Occupier, the proper Angles thereof, when such 
 Possessor or Occupier shall be bound, within three 
 months, to cause to be erected durable Landmarks of 
 Stone and Lime, or of Brick and Lime: and if any such 
 Possessor or Occupier shall fail in causing such Land- 
 marks to be built within the time specified, the Land- 
 drost of the District shall call upon him, in writing, to do 
 
 R
 
 182 
 
 so; and should he still neglect or refuse to comply with 
 such direction, then the Landdrost shall be, and is here- 
 by directed and authorised to cause such Landmarks, as 
 aforesaid, to be built at the expence of the party so 
 neglecting ; and such party shall also be'liable to a penalty 
 of 25 Rds. beyond the expence of the Landmark, for 
 each Landmark erected as aforesaid ; which expence and 
 penalty shall be recoverable in the usual manner of small 
 fines, by summary Sentence of Ihe Court of Landdrost 
 and Heemraden of the District. And it is hereby further 
 ordered, that Commissioners from the Court of Land- 
 drost and Heemraden do, from time to time, inspect 
 the boundaries of the several Estates within their juris- 
 diction, with the view of keeping up the Landmarks 
 thereof; and that they call upon the respective Field 
 Cornets to report to them the state of such Landmarks 
 in their severnl Divisions, in order that such persons as 
 shall have suffered any Landmark or Landmarks to go to 
 decay, may be called upon, in writing, without delay, 
 to place the same in proper and substantial repair. And 
 it is hereby declared, that if any person shall neglect to 
 comply with such requisition from the Landdrost of the 
 District to repair the same within three months, such 
 Landmark or Landmarks shall be repaired at his cost by 
 direction of the Board of Landdrost and Heemraden, and 
 the expence thereof, together with a penalty of 25 Rds 
 for each Landmark so repaired, shall be recoverable 
 against him in the same manner as hereinbefore directed. 
 
 O 
 
 And in order that no Person may plead ignorance 
 hereof, this shall be published and affixed in the usual 
 manner. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of Good 
 Hope, this 23d day of December 1814. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary.
 
 183 
 
 Proclamation, by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, Sfc. Sfc. 
 WHEREAS doubts have arisen with respect to the quan- 
 tity of disposable Government Ground in the vicinity of 
 this Town, and with respect to the limits of private Pro- 
 perty as affecting the same, a Commission was appointed 
 in the year 1811, for the purpose of superintending a 
 complete Survey thereof, and examining- the documents 
 and titles to the Land claimed and occupied as private 
 Property: Now, be it hereby made known, that the 
 Survey of all the Land situate and being to the right of 
 the Great Road from Cape Town to Simon's Town, 
 and extending from the Military Lines to the Estate of 
 Claasenbosch, now possessed by W. F. Versfeld, has 
 been completed, and laid before me by the Government 
 Sworn Surveyor, L. M. Thibault; and having personal- 
 ly examined the same, and compared the whole with the 
 documents in support thereof, and the reports relative 
 thereto, I do hereby declare my entire approbation of 
 the same, and hereby recognize the boundaries as 
 described thereon, to be the true limits of the respective 
 Estates therein described. 
 
 And it appearing, moreover, that the Occupiers of 
 several of the Estates alluded to, have, either through 
 error or inadvertence, enclosed or cultivated proportions 
 of Land, to which the former Grants of this Govern- 
 ment have not entitled them, I have resolved to cede to 
 each of the Parties alluded to, the Land so illegally 
 held by them, upon due valuation thereof, by the Magis- 
 trate of the Cape District, provided the Parties inte- 
 rested take out, within six months from the date hereof, 
 the usual title, authorising them to occupy the several 
 spots of Ground in question. 
 
 And whereas it appears, that within the limits of the 
 Survey under consideration, there are other Persons who
 
 184 
 
 claim Government Land, in virtue of certain Resolutions 
 of the former Governments, although they had not ob- 
 tained regular titles thereto; and being desirous, when- 
 ever the interest of the Crown, and local circumstances, 
 will admit of it, and no actual disposition has taken 
 place, or been directed, to give favourable consideration 
 to claims of the nature alluded to, I have given detailed 
 instructions to the Landdrost of the Cape District, to 
 value such of the lands alluded to as are specified to 
 him being such as may, without detriment to public in- 
 terest, be alienated, in order to their being ceded under 
 regular title to the Parlies in question. 
 
 And it is hereby recommended to all Holders of Land 
 in the direction of the said Survey, for the prevention of 
 all future disputes with respect to the boundaries or ex- 
 tent of the Land they occupy, to cause to be taken 
 from the general Survey under consideration, a Dia- 
 gram or Chart of the Lands they possess, which Dia- 
 gram, with a proper certificate from the Colonial Secre- 
 tary, will be delivered to each Applicant, free of ex- 
 pence, excepting the usual cost attending the Land Sur- 
 veyor's copying the same. 
 
 And in order that no Person may plead ignorance here- 
 of, this shall be published and affixed in the usual manner* 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of Good 
 Hope, this 23d day of December, 1814. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command. 
 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation, by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, <^c. fyc. 
 WHEREAS the time given by the Proclamation of the 6th 
 of August, 1813, (!) to the Occupiers of Loan Places, to 
 
 (') Vide supra p. 142.
 
 185 
 
 . 
 
 apply to the Governor for the time being 1 , for the conver- 
 sion of such irregular and uncertain tenure into that of 
 Perpetual Quitrent, with the privileges, and at the low 
 Rent fixed by that judicious enactment, has now elap- 
 sed : And whereas it appears that many Persons are 
 still uncertain as to the effect of their not furnishing- 
 themselves with a permanent Title to the Lands alluded 
 to: These are therefore to publish and make known } 
 that in order to give to each Individual full time to avail 
 himself of the beneficial tendency of the Regulations in 
 question, I have judged fit to prolong, and hereby ex- 
 tend the term, in which such Persons are entitled to the 
 privileges attached to those who make application for 
 the conversion of their Loan Places into that of Per- 
 petual Quitrent, by the aforesaid Proclamation of the 
 6th of August, 1813, for eighteen months, to com- 
 mence from, the 1st of January, 1815, and expire the 
 30th June, 1816; after which date, such Loan Leases 
 as shall not have been applied to be converted into the 
 tenure of Perpetual Quitrent, will be resumablo as 
 occasion and circumstances shall require. 
 
 And in order that no Person may plead ignorance 
 hereof, this shall be pubiished and affixed in the usual 
 manner. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 23d day of December 1814. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, $"c. Sfc. 
 WHEREAS the frequent and alarming Fires which have 
 broken out in the vicinity of the Woods, to which this 
 Capital now looks for its supply of the important article 
 
 R2
 
 m 
 
 of Fuel, do not appear to be altogether attributable to 
 accident, but from many circumstances seem to be the 
 effect of design, and to be chiefly occasioned by the 
 practice of the Coolies and Slaves, illegally employed 
 in collecting Firewood, setting Fire to the Underwood 
 upon the waste or public Land, with a view of obtaining 
 such Wood in a dry state, and with less trouble to 
 themselves : And whereas it appears that the aforesaid 
 custom of sending Coolies and Slaves to collect Wood, 
 
 O * 
 
 is altogether illegal, and has been frequently prohibited, 
 not only in the General Regulations (Placaat] for the 
 Police of the Settlement of the year 1 743, but in 
 several subsequent Public Notifications : And whereas, 
 independent of the reasons which have antecedently been 
 held sufficient to induce a prohibition of the indiscri- 
 minate cutting of Firewood upon the Government 
 Wastes, such is the great danger of Fires above alluded 
 to, the opportunity thereby given to the supply of run- 
 away Slaves, Thieves and Vagrants, with food and 
 other necessaries, by their Companions or Accomplices 
 of Cape Town, and the constant necessity that it oc- 
 casions of watching private property to prevent trespass 
 and dilapidation the great extension and number of 
 private Estates reducing the Waste Land to small com- 
 pass, and the quantity of Wood now grown upon private 
 Estates for Fuel, call for a total stop being put to this 
 illegal system, and render it altogether unnecessary to 
 the due supply of Individuals, the labour of whose 
 Slaves in other employments will be more valuable to 
 them than the Wood so inconveniently collected : Be 
 it therefore hereby made known and ordered, that from 
 and after the 1st day of March next (which date is 
 fixed upon, in order to give sufficient notice ,to such as 
 have been in the habit of so employing their Slaves 
 (although illegally), with the view to their taking other 
 means to supply themselves with Fuel), it shall be
 
 187 
 
 entirely and totally prohibited for all Coolies, Free- 
 blacks, Hottentots, Slaves, or others, to cut any Fire- 
 wood whatever upon the Public Wastes, or to bring- to 
 Cape Town such Firewood in loads upon sticks, in the 
 usual manner, or otherwise, either for the use of their 
 Masters or Employers, or for sale; and the Officers of 
 Police are hereby authorised and ordered to stop any 
 Cooly, Free-black, Hottentot, Slave, or other, so 
 bringing Wood into Cape Town, and having seized the 
 Firewood (which shall be forfeited), to take the said 
 Offender before His Majesty's Fiscal, or the Landdrost 
 of the District, as the case may require, who shall 
 commit the Offender to the Public Prison, there to be 
 punished as a Trespasser and Vagrant. And the 
 Field-Cornets and others are hereby directed and com- 
 manded, to prevent any of the Persons herein alluded 
 to, from cutting Firewood upon the Public Wastes, 
 and to take such Trespassers up, in order to their being- 
 confined and punished as aforesaid. And His Majes- 
 ty's Fiscal, and the Landdrost of the Cape District., 
 are hereby called upon and required to use their utmost 
 vigilance to enforce strict compliance with this injunc- 
 tion. But nothing herein contained is to be construed 
 to prohibit any Proprietors of Land from cutting Fire- 
 wood upon their own Estates, or sending it to Cape 
 Town by their Slaves or others, provided they furnish 
 such Slave or other Person with a proper Pass, stating 
 the Wood to be cut upon their Properties, and stating to 
 whom such Wood is to be delivered, without which 
 Pass such Slave or other will be liable to be treated as 
 the Offenders abovementioned. Neither is it to be 
 understood, that the provisions of this Proclamation 
 have any reference to the Persons who obtain the usual 
 Licences for cutting Firewood in the Cape Flats, (*) and 
 who send such Wood into Town in Waggons. 
 
 (') Vide Ordinance, No. 5 1836.
 
 18S 
 
 And in order to give the fullest publicity to this en- 
 actment, besides the usual method of publishing and 
 affixing the same, it is hereby ordered, that the res- 
 pective Wardmasters shall, within ten days from the 
 publication, assemble at least one Slave, or Free-black, 
 from each house in his respective Ward, and read, or 
 cause to be explained, to such Slaves and Free-blacks 
 so assembled, the true meaning and intent hereof; and 
 of his having complied herewith, he shall transmit a 
 Certificate to His Majesty's Fiscal. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of Good 
 Hope, this 23d day of December 1814. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary, 
 
 Anno Quinquagesimo Quarto Georgii III. Regis Cap. 
 LXXVII. An Act to amend an Act of the Fifty- 
 third Year of flis present Majesty, for repealing the 
 Duties payable on the Importation of Wine, the 
 Produce of the Cape of Good Hope, and its De- 
 pendencies, and charging other Duties in lieu thereof. 
 
 [28th June, 1814.] 
 
 WHEREAS the Duties imposed by an Act made in the 
 last Session of Parliament, intituled " An Act for re- 
 pealing- the Duties payable on the Importation of Wine, 
 the Produce of the Cape of Good Hope, and its De- 
 pendencies, and charging other Duties in lieu thereof," 
 on Wine, the Produce of His Majesty's Settlement of 
 the Cape of Good Hope, or of the Territories or De- 
 pencies thereof, imported into this Kingdom, are much 
 lower than the Duties by Law imposed on Wine, other 
 than French Wine, and the difference of the said Du- 
 ties may afford a temptation to ill-disposed Persons to
 
 189 
 
 import other Wine under pretence that the same is 
 Wine the produce of the said Settlement, or of the Ter- 
 ritories or Dependencies thereof ; for the prevention 
 whereof it is expedient to make such provision as is here- 
 inafter mentioned : Be it therefore enacted by the King's 
 Most Excellent Majesty, by and with the advice and 
 consent of the Lords Spiritual and Temporal, and Com- 
 mons, in this present Parliament assembled, and by the 
 authority of the same, That from and after the first day 
 of November, One Thousand Eight Hundred and Four- 
 teen, any Person or Persons loading- on board any Ship 
 or Vessel in His Majesty's Settlement of the Cape of 
 Good Hope, or in the Territories and Dependencies 
 thereof, any Wine as of the produce of the said Settle- 
 ment, Territories, or Dependencies, shall, before the 
 clearing out of such Ship or Vessel, produce and deliver 
 to the Collector or other principal Officer of the Customs, 
 at the loading port, an Affidavit, signed and sworn to 
 before some Justice of the Peace in the said Settlement, 
 Territories, or Dependencies, either by the Grower, 
 Maker, or Shipper of such Wine, or his or their known, 
 Agent or Factor, expressing-, in words at length, and not 
 in figures, whether the game is Red Wine or White 
 Wine, and the particular name by which such Wine is 
 there commonly called or known, with the number and 
 denomination of the packages, specifying such Wine to 
 be of the produce of His Majesty's Settlement of the 
 (Jape of Good Hope, or of the Territories or Depen- 
 dencies thereof, to the best of his knowledge and belief, 
 and in which Affidavit the Person who brought or pro- 
 cured such Wine from such Grower or Maker shall join ; 
 which Affidavit shall be attested under the hand of the 
 said Justice of the Peace to have been sworn to in his 
 presence, and such Justice is hereby required so to at- 
 test the same without Fee or reward; and the Collector 
 or other principal Officer of the Customs to whom such
 
 190 
 
 Affidavit shall be delivered, shall thereupon, without Fee 
 or Reward, grant to the Master or other Person having 
 the charge or command of the Ship or Vessel, a Certifi- 
 cate under his hand and seal of office, of his having re- 
 ceived such Affidavit, pursuant to the directions of this 
 Act; which certificate shall express whether the said 
 Wine shipped on board such Ship or Vessel is Red 
 Wine or White Wine, and the name by which the same 
 is there commonly called or known, with the number 
 and denomination of the packages in which the same 
 shall be shipped and contained ; and such Collector or 
 other principal Officer of the Customs shall also (with- 
 out Fee or Reward), within ten days after the sailing of 
 the Ship or Vessel, transmit an exact Copy of the said 
 Affidavit to the Secretary's Office for the said Settle- 
 ment, on forfeiture of Twenty Pounds : provided al- 
 ways, nevertheless, that if at any time there shall not be 
 any Justice of the Peace at the said Settlement, or at 
 any of the Territories or Dependencies thereof, where 
 any Wine the produce of the said Settlement, Territo- 
 ries, or Dependencies shall be loaded, then and in such 
 case it shall and may be lawful for the Grower, Maker, 
 or Shipper of such Wine, or his or their known Agent, 
 or Factor, to make such Affidavit before the Collector 
 and Comptroller, or other chief Officer of the Customs, 
 or any two of them, at the Port or Place from whence 
 such Wine shall be loaded on board the Ship or Vessel 
 (which Affidavit such Collector and Comptroller, or 
 other chief Officer, or any two of them, are hereby 
 authorised and required to take) ; and in the Certificate 
 which the Collector or other principal Officer of the 
 Customs shall arrant to such Master or other Person, such 
 
 C3 * 
 
 Collector or other principal Officer shall also certify 
 that there is not any Justice of the Peace resident at tho 
 said Settlement, or the Territory or Dependency thereof, 
 where such Wine shall have been so loaded; and upon
 
 191 
 
 the Importation of such Wine, the same shall be admit- 
 ted to Entry at the Low Duty to which such Wine would 
 have been liable if this Act had not been made ; any 
 thing hereinbefore contained to the contrary in anywise 
 notwithstanding 1 . 
 
 II. And be it further enacted, That upon the arrival 
 of such Ship or Vessel into the Port of her Discharge, 
 either in Great Britain, or any other Port of His Ma- 
 jesty's Dominions where such Goods may be lawfully 
 imported, the Master or other Person taking the charge 
 or command of the said Ship or Vessel shall, at the 
 time of making his Report of his Cargo, deliver the 
 said Certificate to the Collector or other principal Officer 
 of the Customs, and make Oath before him that the 
 Goods so reported are the same that are mentioned in 
 the said Certificate, on forfeiture of One Hundred 
 Pounds; and if any such Wine shall be imported or 
 found on board any Ship or Vessel for which no such 
 Certificate shall be produced, or which shall not agree 
 therewith, or which shall not be imported directly from 
 the said Settlement, Territories, or Dependencies, the 
 same shall be deemed and taken to be Foreign Wine, 
 not of the produce of His Majesty's Settlement of the 
 Cape of Good Hope, or of the Territories or Depen- 
 dencies thereof, and shall be liable to the same Duties 
 Restrictions, Regulations, Penalties, and Forfeitures, 
 in all respects as Wine other than French Wine impor- 
 ted, would respectively be liable to by Law ; provided 
 always, that if any Wine shall be imported into Great 
 Britain directly from the said Settlement, or the Ter- 
 ritories or Dependencies thereof, without being in- 
 cluded in such Certificate as hereinbefore directed, and 
 it shall be made appear to the satisfaction of the Com- 
 missioners of the Customs or Excise in England and 
 Scotland respectively, or any three or more of them re- 
 spectively, that the Wine is really and truly the produce
 
 192 
 
 of the said Settlement, Territories, or Dependencies, 
 and that no fraud was intended, then, and in such case 
 it shall and may be lawful for the said respective Com- 
 missioners, on any three or more of them respectively, 
 to permit the said Wine to be entered, upon payment 
 of the Low Duty of Customs or Excise, (as the case 
 may require) to which such Wine would have been 
 liable if this Act had not been made ; any thing- herein- 
 before contained to the contrary in anywise notwith- 
 standing. 
 
 III. And be it further enacted, That if the Importer, 
 Proprietor, or Consignee, Importers, Proprietors, or Con- 
 signees of any Foreign Wine other than Wine the produce 
 of the said Settlement, Territories, or Dependencies, shal/ 
 enter or land the same, or cause, procure, permit, or suffer 
 the same to be entered or landed as or for Wine the pro- 
 duce of the said Settlement, Territories, or Dependencies, 
 the same shall be forfeited, and the Importer or Importers, 
 Proprietor or Proprietors, Consignee, or Consignees, 
 knowingly entering or landing, or knowingly causing, 
 procuring, permitting, or suffering to be entered or 
 landed, any Foreign Wine, other than Wine the pro- 
 duce of the said Settlement, Territories, or Depend- 
 encies, as or for Wine the produce of the said Settle- 
 ment, Territories, or Dependencies, shall forfeit and 
 lose for every such offence the sum of Three Hundred 
 Pounds. 
 
 IV. And be it further enacted, That all and every 
 Dealer or Dealers in or Seller or Sellers of Foreign 
 Wine shall keep all Red Wine in his, her, or their cus- 
 tody or possession, the produce of the Settlement of the 
 Cape of Good Hope, or other Settlement, Territories, 
 or Dependencies thereof, separate and apart, and in 
 separate bins, casks, bottles, jars, vessels, utensils, 
 piles, parcels, and divisions, from all other Wine, and 
 shall also in like manner keep all White Wine in his,
 
 193 
 
 her, or their custody or possession, the produce of the 
 said Settlement, Territories, or Dependencies, separate 
 and apart, and in separate bins, casks, bottles, jars, 
 vessels, utensils, piles, parcels, and divisions, from all 
 other Wine, upon pain of forfeiting for every such 
 offence the sum of Fifty Pounds. 
 
 V. And be it further enacted, That all and every 
 Dealer or Dealers in or Seller or Sellers of Foreign 
 Wine, shall specify and distinguish all Wine in his, her, 
 or their custody or possession, the produce of the said 
 Settlement, Territories, or Dependencies, from all other 
 Wine, in such and the like manner as he, she, or they 
 is or are by an Act made in the Twenty-sixth Year of 
 His present Majesty's Reign, intituled, "An Act for 
 repealing certain Duties now payable on Wines imported) 
 and for granting new Duties in lieu thereof, to be col- 
 lected under the Management of the Commissioners of 
 Excise" directed or required to specify or distinguish 
 Foreign Wine, other than French Wine, from French 
 Wine, and shall in like manner specify and distinguish 
 all Red Wine in his, her, or their custody or possession, 
 the produce of the said Settlement, Territories, or De- 
 pendencies, from all White Wine in his, her, or their 
 custody or possession, the produce of the said Settle- 
 ment, Territories, or Dependencies, in such and the 
 like manner as he, she, or they is or are by the said last 
 mentioned Act, directed or required to specify or dis- 
 tinguish French White Wine from French Red Wine, 
 under, subject, and according to the several Rules, Re- 
 gulations, Restrictions, and Provisions, Fines, Pen- 
 alties and Forfeitures, in or by the said Act contained 
 
 9 
 
 provided, settled, or established for the specifying or 
 distinguishing Foreign Wine, other than French Wine 
 from French Wine, or French Red Wine from French 
 White Wine, as the case may require : and the said 
 several Rules, Regulations, Restrictions, and Provi-
 
 194 
 
 sions, Fines, Penalties, and Forfeitures respectively, 
 shall be used, applied, practised, and put in execution 
 with respect to all Wine in the custody or possession 
 of such Dealer or Dealers, or Seller or Sellers, the 
 produce of the said Settlement, Territories, or Depend- 
 encies. 
 
 VI. And be it further enacted, That every Permit to 
 be granted or given for the removal of any Wine the 
 produce of the said Settlement, Territories, or Depen- 
 dencies, shall distinguish such Wine from all other 
 Wine according 1 to the denomination thereof specified 
 in the Request Note, according to the directions of the 
 said Act made in the Twenty-sixth Year aforesaid, and 
 this Act. 
 
 VII. And be it further enacted, That if any Officer 
 or Officers of Excise shall at any time or times discover 
 or find that the quantity of Red Wine or White Wine, 
 the produce of the said Settlement, Territories, or 
 Dependencies, in the Stock of any Dealer or Dealers 
 in or Seller or Sellers of Foreign Wine, added to the 
 quantity for which Permits shall have been granted, 
 since the last account was taken of such Stock, and 
 also to the quantity or quantities sold, sent out, or 
 consumed in small quantities under three gallons, since 
 such last account was taken, and for which proper 
 entries shall appear to be made in the Book for entering 
 therein, such Wine as shall be sold, consumed, or 
 sent out in small quantities under three gallons, exceeds 
 the Stock left in hand on the taking of such last account 
 added to the quantity of such Wine since received by 
 Permit, the quantity of Wine so found in excess, 
 whether the same shall be mixed or mingled, or un- 
 mixed or unmingled, shall be deemed and taken to be 
 made by Wine for which no duty has been paid, and 
 which had been privately brought in by such Dealer 
 or Dealers, or Seller or Sellers, without Permit, and
 
 195 
 
 a quantity equal to the quantity of Wine so found in 
 excess shall be forfeited and lost, and shall and may 
 be seized and taken by the Officer or Officers of Excise 
 who shall discover the same, from and out of the said 
 Stock or Stocks in which such quantity of Wine shall 
 be found in excess, and the Person or Persons, in 
 whose Stock such quantity of Wine so found in excess 
 shall be discovered or found, shall also forfeit double 
 the value of the quantity of Wine so found in excess. 
 
 VIII. And be it further enacted, That if any Dealer 
 or Dealers in, or Seller or Sellers of Foreign Wine, shall 
 mix or mingle any Red Wine or White Wine in his , 
 her, or their custody or possession, of the produce of 
 the said Settlement, Territories or Dependencies, with 
 or among any other Wine, or shall give notice to any 
 Officer or Officers of Excise to have packed, or shall 
 enter for Exportation, any Red Wine or White Wine, 
 the produce of the said Settlement, Territories, or 
 Dependencies, mixed or mingled with any other Wine, 
 then and in such case the Dealer or Dealers or Seller 
 or Sellers so offending shall, for each and every such 
 offence, forfeit and lose the sum of Three Hundred 
 Pounds, and all the Wine so mixed or mingled shall be 
 forfeited. 
 
 IX. And be it further enacted, That all Fines, 
 Penalties, and Forfeitures imposed by this Act, and 
 incurred in Great Britain, shall be sued for, recovered, 
 levied, or mitigated, by such ways, means, or method, 
 as any fine, penalty, or forfeiture may be sued for, 
 recovered, levied, or mitigated, by any Law or Laws 
 of Excise, or by action of debt, bill, plaint, or infor- 
 mation in any of His Majesty's Courts of Record at 
 Westminster, or in the Court of Exchequer in Scotland 
 respectively ; and that One Moiety of every such fine, 
 penalty, or forfeiture, shall be to His Majesty, His 
 Heirs and Successors, and the other Moiety to him or 
 them who shall inform, discover, or sue for the same.
 
 196 
 
 X. And be it farther enacted, That all and every 
 the Powers, Directions, Rules, Penalties, Forfeitures, 
 Clauses, Matters and Things, which, in and by an Act 
 made in the Twelfth Year of the Reign of King Charles 
 the Second, intituled, " An Act for taking away the 
 Court of Wards and Liveries, and Tenures in Capite> 
 and by Knights Service and Purveyance, and for set- 
 tling a Revenue upon His Majesty in lieu thereof" or in 
 or by the said Act made in the Twenty sixth Year of 
 His present Majesty's Reign, or by any other Law now 
 in force relating to His Majesty's Revenue of Excise 
 upon Beer, Ale, and other Liquors, are provided and 
 established for managing, raising, levying, collecting, 
 mitigating, or recovering, adjudging, or ascertaining 
 the Duties thereby granted, or any of them, or for 
 preventing, detecting, or punishing Frauds relating 
 thereto, (other than and in such Cases for which other 
 Penalties or Provisions are made and prescribed by this 
 Act,) shall be practised, used, and put in Execution 
 in and for the purposes of this Act, as fully and effect- 
 ually, to all intents and purposes, as if all and every 
 the said Powers, Rules, Directions, Penalties, For- 
 feitures, Clauses, Matters, and Things, were particu- 
 larly repeated and re-enacted in this present Act. 
 
 Government Advertisement. 
 
 His Excellency the Governor, taking into consideration 
 the additional trouble which devolves upon the Field- 
 Cornets, (^ in consequence of the Proclamation of the 
 23d December last, preventing unlicensed Persons from 
 shooting in their respective divisions, has been pleased 
 to direct that the several Field-Cornets shall be allowed 
 to Shoot during the regular seasons without L icence. 
 Castle of Good Hope, 17th February 1815. 
 By Command of His Excellency the Governor, 
 (Signed) H. Alexander, Secretary. 
 
 (>) See Proclamation of 21st March 1822, infra.
 
 197 
 
 Proclamation by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, Sfc. frc.' 
 WHEREAS it has been represented to me by the Wor- 
 shipful the Court of Justice, that much irregularity has 
 prevailed from the practices of covering- Notarial Acts 
 with Stamps, instead of writing such Acts on Paper 
 stamped, as the Law prescribes ; and from the practice 
 of drawing up Original Vendue Notes on unstamped 
 Paper, covering the same with Stamps, only in such 
 cases in which it became necessary to prosecute the 
 claims arising from neglect of payment, or otherwise, 
 to the great detriment of the Public Revenue, and to 
 the great injury of the Individuals whose interests are 
 by such practices effected : I do hereby, by virtue of 
 the power in me vested, order and direct, that hence- 
 forward all Notarial Acts shall be written and signed, 
 upon Paper stamped, (as in each particular case the 
 standing Regulations of this Colony direct) and in no 
 case be covered by such Stamps only : And I hereby 
 further order and direct, that all Vendue Notes shall 
 be written upon the Stamp which the Proclamation of 
 the 22d May 1812, (*) enjoins, and not covered only 
 with such Stamp, as hereinbefore explained. And in 
 order to give due effect to the aforesaid necessary Re- 
 gulations, I do hereby authorise the Worshipful the 
 Court of Justice, and command them in every case in 
 which it shall appear to them, or to any Commission 
 from their Board, thai this Regulation shall have been 
 contravened, to impose and levy upon the Notary, or 
 District Secretary, or Vendue Master, so offending, a 
 Fine not exceeding 50 Rds. for each separate trans- 
 gression ; which Fine shall be paid into the hands of 
 the Secretary to the Court of Justice, or to the Secre- 
 tary to the Commission of Circuit, as the case may be, 
 
 ( l ) Repealed by Ordinance No. 31, 1827, 
 
 s2
 
 198 
 
 to be by him accounted for in the General Account of 
 Receipts and Disbursements of the Worshipful Court 
 aforesaid. 
 
 And it is hereby declared and made known, that 
 nothing herein contained shall be construed to affect 
 the penalties heretofore attached to the passing any 
 Notarial Acts upon other than Paper regularly stamped 
 according to Law. 
 
 And that no Person may plead ignorance hereof, this 
 shall be published and affixed as usual. (*) 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 26th day of May 1815. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation, by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, <Sfc. $*c. 
 WHEREAS it has been reported to me, that certain tur- 
 bulent and rebellious Subjects of the Districts of Graarr- 
 Reinet and Uitenhage, have assembled in arms upon the 
 most frivolous pretences, and have procceeded to acts of 
 violence, to the disturbance of the public peace and tran- 
 quillity of the Districts aforesaid: And whereas such 
 daring outrages and rebellious conduct, render it neces- 
 cessary for the safety and protection of the Magistrates, 
 and of the well disposed Inhabitants of Graafl-Reinet 
 and Uitenhage, that the Officer commanding His Ma- 
 jesty's Troops in those parts, Lieut.-Colonel CUYLER, of 
 the Cape Regiment, should be vested with full power 
 to suspend the Civil Authority (if need shall continue), 
 and enforce Martial Law in all such parts of the Dis- 
 tricts aforesaid, as shall appear to be concerned in any 
 
 (') Vide supra Government Advertisement, 21st January J814, p^
 
 199 
 
 Actor Acts of Rebellion, or hostile to the public peace: 
 I do therefore hereby authorise the aforesaid Lieut. Col. 
 J. G. CUYLER, of the Cape Regiment, Commanding 
 on the Frontier, as well as all and every one of His 
 Majesty's Officers who have or shall have separate 
 Commands, to punish, after a conviction before a Court 
 Martial, all Persons acting, aiding, or in any manner 
 assisting, in any rebellious act, according to Martial Law, 
 either by Death or otherwise, as to him or them shall 
 seem expedient for the punishment and suppression of 
 all Rebels, of which all His Majesty's Subjects are 
 required to take notice. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 25th day of November 1815. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation by His Excelleecy General the Right 
 Hon. Lord Charles Henry Somerset, 8fc. 6fc. 
 
 WHEREAS the blessing of Peace being now restored to 
 the British Empire, it does not appear to be longer 
 necessary or expedient to continue, within the limits of 
 this Government, the restrictions laid by His Excellen- 
 cy Lieutenant-General Sir David Baird upon the Ex- 
 portation from hence of Gold and Silver Specie : Be it 
 therefore hereby made known, that I have thought 
 proper to revoke so much of the Proclamation issued 
 by His Excellency Sir David Baird aforesaid, on the 
 23d January 1806, C 1 ) which forbids the Exportation of 
 Gold and Silver Currency, and to repeal entirely the 
 Penalties affixed by such Proclamation, as well as 
 every other Penalty attached to the Exportation of 
 
 (') Vide supra p. 9.
 
 200 
 
 Gold and Silver Specie or Currency, (above the value 
 of Ten Pounds Sterling) by any former Proclamation 
 or other Regulation of this Government, and it is 
 hereby made known, that the Import or Export of 
 Gold or Silver Specie shall henceforward be perfectly 
 free ; provided always, that regular Permits be ob- 
 tained for the Import or Export thereof, from the Cus- 
 tom Department, as in cases of other Merchandize, 
 but subject to no Custom or other Duties whatever. (*) 
 
 God save the King I 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 10th day of May 1816. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation by His Excellency General the Right 
 Honorable Lord Charles Henry Somerset, 8fc. fyc. 
 
 WHEREAS it has been represented to me, that great 
 benefit would be received by the Merchants and Tra- 
 ders of this Colony, if the Duties charged upon the 
 re-export of Goods, Wares, and Merchandize, im- 
 ported from Great Britain and Ireland, or from the 
 East Indies, were repealed and done away ; and it 
 being my anxious wish to render every facility in my 
 power, consisting with the security of His Majesty's 
 Revenue, to the Commerce of this Settlement, I have 
 directed, and it is hereby made known, that from and 
 after the 1st of the ensuing month of June, all Duties 
 at present chargeable upon thg re-export of any Goods, 
 Wares, or Merchandize, imported into this Colony 
 from any part of His Majesty's Dominions, or from 
 the East Indies, shall cease and determine, of which 
 
 (') Vide Ordinances Nos. 2 and 6, infra.
 
 201 
 
 the Collector and Comptroller of His Majesty's Cus- 
 toms, and all others whom it may concern, are to take 
 due notice. 
 
 God save the King ! 
 
 Given under rny Hand and Seal, at the Cape of 
 Good Hope, this 24th Day of May 1816. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, $"c. <3fc. 
 WnEREas it has been represented to me, and after 
 minute inquiry I have ascertained, that melancholy 
 and distressing disorder, the Leprosy, has of late years 
 considerably increased within this Settlement. And 
 whereas it appears, that in the District of Swellendam 
 only is there any retreat provided for the unfortunate ob- 
 jects attacked by this malady, so that, as an impression 
 obtains (which however the most learned of the Medical 
 Profession hold to be erroneous), that the disorder is 
 contagious, the distressed sufferers are frequently left in 
 a state of abandonment, which it is shocking- to hu- 
 manity to reflect upon. 
 
 And whereas it appears expedient to allot to Hotten- 
 tots, Bastards, Freeblacks, and Slaves, labouring un- 
 der this evil, a healthy and airy spot where they may re- 
 tire to, and where they shall receive such aid as is neces- 
 sary to their future subsistence and confort, but to which 
 place the safety of the public requires they should be 
 confined. 
 
 And as it appears that the situation of the Hemel en 
 Aarde, now allotted by the District of Swellendam to 
 this object, is capable of such augmentation of ground,.
 
 202 
 
 as is sufficient for the purposes required, I have thought 
 fit to direct: 
 
 1. That the Landdrost of Swellendam shall, as soon 
 as possible, inspect and ascertain the quantity of ground 
 in the vicinity of the Hemel en Aarde, which can be 
 conveniently appropriated to this object, and transmit to 
 the Colonial Office an accurate Diagram thereof. 
 
 2. The Landdrost of Swellendam shall cause nume- 
 rous and very ostensible landmarks to be erected around 
 the site, so that no person shall have the excuse of not 
 being able to know the precise limits thereof. 
 
 3. This Site shall be appropriated generaly to the re- 
 ception of the unfortunate Persons of the descriptions 
 above quoted, who shall labour under the Leprous Malady 
 throughout this Settlement, under the following Regu- 
 lations: 
 
 1. Upon a report being made to the Landdrost of a 
 District, of a Hottentot, Freeblack, Bastard, or Slave, 
 of either sex, being stricken with Leprosy, the Land- 
 drost shall cause such Person to be examined by the 
 District Medical Officer, and shall forthwith report the 
 case, with the Medical Officer's Certificate thereof, to 
 the Colonial Secretary's Office in Cape Town, this re- 
 port to contain the name, sex, age, trade, or occupation 
 of the Person stricken, and if a Slave, the name of the 
 Proprietor thereof. 
 
 2. The Colonial Secretary shall, upon receipt thereof, 
 issue an order to the Deputy Landdrost of Swellendam at 
 Caledon, authorising and requiring him to admit the 
 Patient into the District allotted to Lepers: and the 
 Deputy Landdrost shall keep an exact Register of all 
 Persons so admitted. 
 
 4. The Lepers shall be found in the same quantity of 
 bread and meat, of good quality, as at present: such 
 bread and meat being provided by Public Contract. 
 
 5. The Lepers shall be allowed to erect huts for their
 
 203 
 
 habitations, and to make use of a small proportion of 
 ground to find themselves in vegetables. 
 
 6. The Deputy Landdrost of Swellendam shall, from 
 time to time, visit the Leper Districts, and give such di- 
 rections therein as shall conduce to its cleanliness and 
 good order; he shall at those times inspect the quality 
 of the provisions issued to them, and ascertain that they 
 are conformable to the contract, of which circumstances 
 he shall make report to the Landdrost of Swellendam, 
 at the expiration of each Quarter, and the latter shall 
 transmit the report, with his comments, to the Colonial 
 Office, for my information : and should the Deputy 
 Landdrost fail in making his quarterly report, the Land- 
 drost of Swellendam shall nevertheless make his report, 
 in order that my attention may be drawn to the apparent 
 neglect. 
 
 7. The Deputy Landdrost at Caledon shall keep an ac- 
 curate Account of all the necessary expenditure occasioned 
 by this measure, which Account he shall furnish annual, 
 ly, at the end of the month of December, to the Board of 
 Landdrost and Heemraden of the Swellendam District) 
 who, after examining and certifying the correctness 
 thereof, shall transmit the same to the Colonial Secreta- 
 ry, keeping an authentic copy for their own information. 
 
 8. The Colonial Secretary, after having submitted 
 this Account to me, shall/iivide the amount of expenditure 
 equally among the seven Drostdies and Cape Town; and 
 lie shall then call upon the Agents of each of the Drost- 
 dies (that of Swellendamexcepted),and upon the Trea- 
 surer of the Burgher Senate, to reimburse to the Drostdy 
 of Swellendam the amount of their respective Quotas. 
 
 9. The Landdrost of the Cape District shall arrange 
 with the Resident at Simon's Town, the proportion which 
 that Residency shall pay with the Cape District, which 
 proportion shall be included in the payment to be 
 made by the Cape District, and be calculated according 
 to the relative means of the two divisions.
 
 204 
 
 10. The Deputy Landdrost of Caledon shall trans- 
 mit quarterly to the Secretary's Office in Cape Town, 
 a Return of the number in the Leper District, which Re- 
 turn shall contain the names, sexes, and ages of the 
 Lepers, and report the births and deaths (if any) of the 
 preceding- Quarter. 
 
 11. In the case of the admission of a Slave into the 
 Leper District, the Proprietor of such Slave shall pay to 
 the Landdrost of the District in which such Proprietor 
 resides, the sum of 2 Skillings per diem, during the 
 continuance of the Slave in the Distiict; and he shall 
 point out to the Landdro&t, if required, where he may 
 receive the amount without trouble or delay, since the 
 Treasury of the District will be charged with the main- 
 tenance of such Slave at the time of being called upon 
 *or its quota of the whole expences, as directed in the 
 7th Article. 
 
 12. The Deputy Landdrost is to take every care to 
 prevent the Persons belonging to the Leper District from 
 going- beyond the boundaries of the same, and make 
 known to them the severe penalties they will be liable 
 to, in case they are found beyond them, as in cases of 
 quarantine for contagious disorders is by Law provided. 
 
 13. Such future Regulations will be issued with re- 
 spect to Medical aid, as the exigencies of the place shall 
 appear to require, and as the circumstances of the Colo- 
 ny will admit of. 
 
 And that no Person may plead ignorance hereof, this 
 shall be published and affixed as usual. 
 God save the King I 
 
 Given under my Hand and Seal, at George's Town, 
 this 14th Day of February, 1817. 
 
 Signed C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) C, Bird, Dep. Col. Secretary.
 
 205 
 
 Proclamation by His Excellency General the Right 
 Hon. Lord Charles Henry Somerset, Sec. 6fc. 
 
 WHEREAS it has appeared from inquiry into the manner 
 in which the Inhabitants of the Country Districts are 
 repaid for the use of their Waggons, Horses, Voor- 
 spannen, and Relays, impressed under the usual autho- 
 rities, that some irregularity prevails herein, by which 
 the assessments in the Districts in this regard are more 
 burthensome to the Inhabitants than they ought to be, 
 I have' therefore thought proper to direct : 
 
 1. That the respective Landdrosts shall continue to 
 impress Waggons and Horses, and provide the neces- 
 sary Relays and Voorspannen, in the manner at present 
 established, whenever required to do so by a competent 
 authority, either Civil or Military. 
 
 2. The payment for these Waggons, &c, shall be 
 collected by Assessment as at present, in cases when 
 such Waggons are required for the service of the Co- 
 lonial Government, or allowed for the particular service 
 of the Interior Districts ; but in cases where Waggons, 
 
 * OO ' 
 
 Horses, or Voorspannen are ordered for the speedier 
 conveyance of Individuals, though specified in the 
 order issued from the Colonial Secretary's Office, to be 
 at the expence of that Individual, (which in those 
 cases to which this paragraph applies shall hereafter 
 be the case) the Field-Cornet or other Magistrate to 
 whom such Government Order shall be shewn, shall 
 require from the party producing it payment, at the 
 usual regulated price forthwith, so that the charge 
 shall by no means be made against the District. 
 
 3. In all cases of Waggons, Horses, or Voorspannen, 
 impressed for the Military Service, the Department 
 calling upon the Magistrates for this aid, becomes re- 
 sponsible for the amount of the charge ; and the re- 
 spective Landdrosts are hereby directed to make the
 
 206 
 
 necessary payment in the first instance, and keeping 
 an accurate account thereof, to call upon the proper 
 Military Department for payment, at the established 
 rates ; reporting to me all instances, without delay, 
 where any hesitation shall be made with respect to the 
 immediate payment of the charge brought in, and by 
 no means in future assessing the Inhabitants for Wag- 
 gons, Horses, Relays, or Voorspannen, furnished on 
 this account. 
 
 And that no Person may plead ignorance hereof, this 
 shall be published and affixed as usual. (*) 
 
 God save the King ! 
 
 Given under my Hand and Seal, at George's Town, 
 this 14th day of February 1817. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) C. Bird, Dep. Col. Sec. 
 
 Proclamation by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, fyc. Sfc. 
 WHEREAS difficulties having arisen with respect to 
 Aliens settled in this Colony, who had expressed their 
 wish to become Burghers, and to obtain the privileges 
 thereby granted, among which, that of possessing 
 Lands in property within the Settlement. 
 
 Now, having no power vested in me to grant such 
 privileges, I thought it expedient, and for the interest 
 of the good Inhabitants of this place, to refer the case 
 to his Majesty's Government in England, with this 
 effect, that I have received His Royal Highness the 
 Prince Regent's Commands and Instructions thereon. 
 
 O 
 
 Be it herefore thereby made known, that I am ready 
 
 (>) Vide supra Proclamations 16th Jnly 1806, p. 17 12th March 
 1813, p. 130, aiid 26th August 1814, p. 172.
 
 20T 
 
 to grant Deeds of Burghership, subject to the appro- 
 bation of His Royal Highness the Prince Regent, to 
 all such Foreigners and Aliens, of good character and 
 conduct, who shall apply for the same, provided that 
 they shall have resided for the last five successive 
 years within this His Majesty's Settlement, upon such 
 Aliens or Foreigners taking the usual Oaths of Allegi- 
 ance to our Sovereign Lord the King, and upon their 
 paying the usual Fees for the Deeds of Burghership, 
 which shall hereafter be made out upon a Stamp of 
 Two Hundred and Fifty Rix-dollars ; and all such 
 Aliens and Foreigners, not having Deeds of Burgher- 
 ship, are hereby cautioned and warned, not to attempt 
 to purchase or hold Lands in property within this His 
 Majesty's Settlement, as after six months from the 
 date of this Public Notice, the penalties of the Law 
 will be rigidly enforced in their regard. 
 
 And in order that no Person may plead ignorance 
 hereof, this shall be published and affixed in the usual 
 manner. 
 
 God save the King I 
 
 Given under my Hand and Seal, at the Cape of Good 
 Hope, this 2d day of May 1817. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command. 
 
 (Signed) H. Alexander, Secretary. 
 
 Proclamation, by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, &fc. $*c. 
 WHEREAS it has been with heartfelt satisfaction that 
 I have remarked and watched the improvement which 
 has of late been effected in the Free School of this Town, 
 and have contemplated the benefits already derived 
 from a Seminary, open to all, wherein the first rudi- 
 ments of Education are successfully implanted, and
 
 208 
 
 where what is still more pleasing to reflection, the 
 groundwork of those religious and moral sentiments are 
 laid, which cannot fail having the due influence upon 
 the future conduct of their rising generation, and con- 
 ducing to their permanent welfare. 
 
 And whereas it is incumbent upon me, not only 
 acting from those feelings which induce me to use 
 every effort tending to the happiness of the Inha- 
 bitants of this Colony, but in furtherance of those 
 beneficial views of His Majesty's Government at Home, 
 which are the basis of their Instructions to those in 
 their employment here, to render every aid in my power 
 towards enlarging the scanty means which have hitherto 
 been placed at the disposal of those who have, from 
 the most laudable motives, undertaken the superin- 
 tendarice of this interesting and important Institution. 
 
 And whereas it has been made apparent to me, that 
 neither the Funds hitherto allotted to this object, or the 
 voluntary contributions of benevolent individuals, have 
 been sufficient for meeting the unavoidable expences of 
 this Establishment : I have therefore thought proper to 
 order and direct, that an additional Toll shall be levied 
 at the several Outlets of this Town, on Sundays, and 
 on the side of Green-Point, during the days in the 
 Race-weeks devoted to that amusement, according to 
 the subjoined Tariff, and subject to the Regulations 
 herein prescribed ; the net produce of which shall be 
 paid to the Treasurer of the School Commission. Thus 
 those only will be hereby called upon to contribute, 
 who have time and means to spend in occupations, of 
 pleasure and amusement. 
 
 The following is the Tariff of additional Toll which is 
 to be payable henceforward at the several Outlets of the 
 Town, on Sundays, and on the Green-Point side, dur- 
 ing the days in the Race-weeks devoted to that amuse- 
 ment. It being to be clearly understood, that this
 
 209 
 
 Toll is entirely distinct and separate from the ordinary 
 Toll collected under former Regulations, towards the 
 expence of the Roads, viz : 
 
 Shs. Sts. 
 
 Wagons drawn by six Horses and upwards, 4 
 By four Horses, and less, 2 
 
 Coaches, Carriages, &c. by four Horses, 2 
 
 Coaches, Curricles, Chariots, &c. 1 
 
 Saddle Horse, - 2 
 
 Wagons drawn by Oxen are not to be charged the 
 Sunday Toll ; neither Officers or others, who may claim 
 exemption from the usual Tolls, are to be considered ex- 
 empted from the Sunday Toll, or from that to be col- 
 lected on the days allotted to the amusement of Racing. 
 
 The Burgher Senate, which, by its Instructions, is 
 to afford every aid in its power to Institutions for Pub- 
 lic Education, is to defray the charge of collecting this 
 additional Toll, and that of placing the necessary Toll- 
 bars, at the other Outlets of Town, so that the whole 
 Proceeds shall be paid to the Treasurer aforesaid, with- 
 out any deduction whatsoever ; the several Collectors 
 giving to the Treasurer, every Monday morning, a 
 return of the collections of the preceding day. 
 
 And in order that no Person may plead ignorance 
 hereof, this shall be published and affixed in the usual 
 manner. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 23d day of May 1817. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary. 
 
 T2
 
 210 
 
 Proclamation by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, fyc. fyc. 
 WHEREAS by several Proclamations, dated 20th July 
 and 22d of September 1798, llth of June 1801, and 
 7th July 1807, certain Regulations were framed for 
 more speedily enregistering the Transfer of all Estates 
 disposed of by Sale, or succeeded to by Inheritance, 
 and for preventing loss to His Majesty's Revenue from 
 any attempts to evade the payment of the Duties laid 
 upon all such Transfers : And whereas it has been found 
 that notwithstanding the salutary provisions of the 
 aforesaid Regulations, many instances of delay and 
 neglect occur in effecting the Transfers aforesaid, to 
 the great insecurity of private Property, and to the 
 manifest detriment of His Majesty's interests in the 
 premises : Be it therefore hereby ordered and declared , 
 that the Regulations aforesaid, viz : those directed by 
 the several Proclamations of the 20th July and 22d 
 September 1798, llth June 1801, and 7th July 1807, 
 be henceforth revoked and of no effect, as by the Power 
 and Authority vested in me, they are hereby so revoked, 
 and that in lieu thereof the hereinafter-mentioned Re- 
 gulations &nd Enactments be strictly adhered to and 
 enforced, viz : 
 
 1. The Transfer Due payable by the Purchaser of an 
 Estate, of 4 per Cent, upon the amount of purchase of 
 Freehold Property or Property held by tenure of Per- 
 petual Quitrent, or by any other Quitrent or Leasehold 
 Tenure held of Government, and of 2% per Cent, upon 
 the Opstals of Loan Places, is, and remains, payable 
 to His Majesty, within fotfr calendar months subse- 
 quent to the day on which the Bargain or Agreement 
 of Sale shall have been concluded between the Parties 
 selling or purchasing, if the Estate sold be situated in 
 Cape Town, District, or Residency of Simon's Town ; 
 or within six calendar months, if the Estate sold be situ-
 
 211 
 
 ated in any of the more distant Districts ; in failure of 
 the payment of which transfer Duty within the afore- 
 said periods, as the case may be, the Purchaser of 
 any such Property shall become liable to, and shall 
 be charged with double the amount of the Duty due as 
 aforesaid. 
 
 2. The Transfer Duties are payable to, and shall be 
 collected by the Collector of Tithes and Transfer 
 Dues as heretofore, who is hereby directed to require 
 the Seller and Purchaser of any dutiable Property, to 
 take and subscribe the following Oath in their respec- 
 tive capacity, which he is duly authorised to adminis- 
 ter ; no such Sale or Transfer being to be considered 
 valid, unless the Seller and Purchaser aforesaid shall 
 have taken and subscribed the appropriate Oath, viz : 
 
 " I, A. B. do solemnly, in the presence of the 
 Almighty God, profess, testify, and declare, that the 
 Sum of received by me, for the Sale 
 
 of is the full and entire Purchase 
 
 Money of said which I sold to 
 
 on and that I have not, either by myself, my 
 Agent, or any other person whomsoever, received, 
 or am to receive, any other valuable consideration 
 directly or indirectly, in lieu thereof; and I do fur- 
 ther make Oath, that (C. D.) to whom 1 am about 
 to transfer this Property, is the only person who has 
 purchased this Estate from me ; and that I have 
 never directly or indirectly, sold the same to any 
 other Person or Persons whomsoever : And all this 
 I do swear, without any evasion or secret reserva- 
 tion to be the truth, the whole truth, and nothing 
 but the truth. So help me God." 
 
 I, C. D. do solemnly, in the presence of the 
 Almighty God, profess, testify, and declare, that 
 the Sum of paid by me to A. B. as the 
 
 Purchase Money for to me sold on
 
 212 
 
 the day of by the said 
 
 is the full and entire Sum of me required ; 
 and that the said Sum of is the 
 
 only valuable consideration given for the same by 
 me, my Agents, or any other Person employed by 
 me : And all this I do swear, without any evasion 
 or secret reservation whatsoever, to be the truth, 
 the whole truth, and nothing but the truth. So 
 help me God. 
 
 3. But inasmuch as taking the aforesaid Oaths be- 
 fore the Collector of Tithes may be, in some cases, 
 inconvenient to the Buyers and Sellers of Estates in 
 the distant Districts, it is hereby provided, that the 
 same may be taken before the Landdrost of the Dis- 
 trict in which such Buyer or Seller resides ; copies of 
 which Oaths, certified by the aforesaid Landdrost, 
 must be transmitted to the Collector of Tithes, who, 
 upon receipt thereof, is hereby authorised and directed 
 to issue the customary Certificate thereof, in order 
 that the Transfer may be passed in the same manner 
 as if the Parties had appeared and made Oath before 
 himself. 
 
 4. In like manner, for the convenience of those 
 Purchasers residing in distant Districts, who shall 
 find it convenient to pay the Transfer Duty in the Dis- 
 trict in which they reside, the respective Landdrosts 
 are hereby authorised and directed to receive the same, 
 upon the Parties complying with the 1st and 2d Arti- 
 cles of the present Regulations, and to grant to such 
 Purchasers a Certificate thereof; which Certificate 
 must however be exhibited to the Collector of Tithes 
 and Transfer Dues, and be countersigned by him, in 
 order that he may debit the Landdrost with the amount 
 paid into his hands, previous to any Transfer being- 
 made of the Property in consequence thereof. 
 
 5. And in order to prevent the irregularity arising
 
 213 
 
 from a. total neglect of paying the Transfer Duties, aftef 
 the period has elapsed at which a double Transfer Duty 
 becomes payble to Government, it is hereby fui ther enac > 
 ted, that if the Purchaser of an Estate shall fail in paying 
 the Transfer Duty thereon, with the Penalty which 
 has been incurred, within two calendar months, sub- 
 sequent to the period at which he has become liable to 
 double Transfer Duty, he shall then be charged with 
 trible Transfer Duty ; but this additional Penalty 
 shall not, when levied, be carried to the account of 
 His Majesty's Treasury, but be appropriated to the 
 Funds of the District in which the default shall have 
 occurred, that is, in which the Estate lies, the Duty 
 upon which has been neglected to be paid. 
 
 6. The Courts of Landdrost and Heemraden of the 
 several Country Districts are therefore, at the Annual 
 Opgaaf, to make particular inquiry into the changes 
 which shall have taken place in the Landed Property 
 within their j urisdiction, and the titles of the Occupiers, 
 and give direct notice to the Collector of Tithes of any 
 discovered omissions, in order that he may take the 
 necessary legal measures, which he is hereby required 
 to do, for enforcing the Payments of the Duties and 
 Penalties due to His Majesty therein, without delay. 
 
 7. And it is hereby further provided and directed, 
 that the Seller of any Landed Property, as above de- 
 scribed, shall, as soon as possible, or at latest within 
 one month subsequent to the period at which the Trans- 
 fer Duty to Government becomes due, pass, or cause 
 to be passed, a regular public Transfer to the Purcha- 
 ser, in the manner usual in this Settlement, in default 
 of which, such Seller shall become liable to a Penalty 
 equal to one half of the Transfer Duty due to His Ma- 
 jesty on the Purchase Money of the Estate sold, 
 unless such Seller shall establish satisfactorily, that the 
 neglect has arisen with the Purchaser, and not with
 
 214 
 
 himself; in which latter case, the Purchaser, and not 
 the Seller, will be liable to the Penalty alluded to in 
 this Article. 
 
 8. In all cases of Estates changing Proprietors with- 
 out sale, viz : by exchange of one Estate for another, 
 by Gift, by Legacy, or by Inheritance when liable to 
 Duty, the value of such Estate shall be ascertained 
 upon Oath, by competent Persons, to be appointed by 
 the Landdrost or Magistrate of the District in which 
 such Estate shall be situated ; and the Landdrost or 
 Magistrate aforesaid is hereby required to transmit a 
 Certificate of the said Valuation to the Collector of 
 Tithes and Transfer Dues, in order that the amount 
 due to His Majesty may be calculated thereon: This 
 amount shall become payable to the Collector aforesaid, 
 within the time limited for the payment of the Transfer 
 Dues on Sales in the 1st Article of these Regulations, 
 which time shall be calculated from the date at which 
 the transaction took place which gave the holder his 
 claim to the Transfer ; the said date to be ascertained 
 by Oath of the Party, if called upon to ascertain it, 
 and a failure in the payment of the said Transfer Duty 
 within the time prescribed, will subj ect the Party to 
 the same penalties as are to be enforced from Defaulters 
 of payment of Transfer Dues within the limited time in 
 transactions by purchase, in the 1st and 5th Articles of 
 these Regulations. 
 
 9. And whereas many Persons having rendered them- 
 selves liable to penalties under the former Proclamations, 
 or for other causes have neglected to pay the Transfer 
 Duties due to Government on the purchase of their 
 Estates, and to obtain regular Transfers thereof, such 
 Persons are therefore to notice, that unless they come 
 forward and pay the aforesaid Duties, and procure the 
 necessary Transfers of their respective Properties, with- 
 in three calendar months from the date of the present
 
 215 
 
 Proclamation, they will incur a further penalty of 
 treble Transfer Duty, which the Collector of Tithes is 
 hereby required forthwith to prosecute them for the 
 recovery thereof ; and the Sellers of Estates to Persons 
 so situated, are also hereby warned, that unless they 
 shall make it appear that they shall have used due 
 diligence in endeavouring to effect the Transfers of 
 Estates so sold to the respective Purchasers, within 
 the time herein prescribed, they, the Sellers, will be 
 liable to a penalty of one-half the amount of Transfer 
 Duty, due on the purchase money of the Estate which 
 shall not then have been transferred, which penalty 
 will be immediately thereafter enforced. 
 
 10. It is hereby further provided, ordered, and 
 authorised, that all Penalties sued for under the present 
 Proclamation, shall be recoverable (provided the Suit 
 be instituted within Twelve Calendar Months subse- 
 quent to the date of the last default), either by Process 
 in the Worshipful the Court of Justice, or in the Court 
 of Circuit, or in the Court of Landdrost and Heemra- 
 den, before which latter Court, the Secretary to the 
 District, in which the action shall be brought, shall 
 act herein as Agent for the Collector of Tithes and 
 Transfer Dues, as need shall be. 
 
 And that no Person may plead ignorance hereof, 
 this shall be published and affixed as usual. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of Good 
 Hope, this 2d day of January 1818. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) H. Alexander, Secretary.
 
 216 
 
 Proclamation 0) by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, 6fc. Sfc. 
 WHEREAS the Provisions contained in the Proclamation 
 of the 30th June 1803, with regard to Mechanics and 
 others brought into this Colony under Contract of Ser- 
 vice, appear to me to be insufficient for securing to 
 each of the contracting Parties the rights to which 
 they are mutually entitled by their Engagement : And 
 whereas it has been represented to me, that with regard 
 to other Masters and Servants generally in this Settle- 
 ment, no sufficient Provision exists, and especially, 
 that in the reciprocal relations between Tradesmen and 
 their Apprentices, there is not that security and regular- 
 ity which are required, so as on the one side to oblige the 
 Master to the due performance of his duty in the in- 
 struction and treatment of his Apprentice, and on the 
 other side, to bind the Apprentice to due obedience 
 and continuation with the Master, until the time of 
 his Apprenticeship be expired. 
 
 I have therefore deemed it expedient to renew, alter, 
 and amplify the said Proclamation of the 30th June 
 1803, and to order and direct as is hereunder directed : 
 
 1. Mechanics, or other Persons under Contract of 
 Service for a limited time, as more fully described in 
 said Proclamation of the 30th June 1803, who shall 
 from time to time come, or be brought into this Colony 
 or shall be already here under Engagements of this 
 nature, shall not leaVe their respective Services previous 
 to the expiration of their several Engagements, without 
 the written consent of their Masters, on pain of being 
 liable to arrest and immediate imprisonment, to be 
 carried into execution by order of His Majesty's Fiscal, 
 on complaint of the Master : His Majesty's Fiscal, how- 
 ever, after having previously endeavoured to reconcile 
 
 (') Repealed in so far as relates to crimes and misdemeanors by the 
 "Crown Trial," dated 2d September 181!).
 
 217 
 
 the Parties, shall, without further process, as soon as 
 possible, (at the utmost within 48 hours) bring the 
 Case before the Sitting Commissioner of the Court of 
 Justice, for the Trial of lesser Offences, agreeably to 
 the Proclamations of the 17th July 1798, and of the 
 25th September 1813, and summarily proceed against 
 such arrested Person, conformably to the tenor of the 
 last-mentioned Proclamation. 
 
 2. The Sitting Commissioner shall have authority, 
 when he finds that the Accused has broken his Engage- 
 ment without sufficient reason, not only to include in 
 his condemnation a decree of confinement, for a term 
 not exceeding two months, but also, should he find 
 the Accused not to have had any just grounds for his 
 breach of Contract, or that there have been aggravating 
 circumstances attending his misconduct, to sentence 
 him, over and above the confinement, to a fine not 
 exceeding Twenty-five Rixdollars, and for a second or 
 repeated offence, to corporal punishment in the prison. 
 
 3. The Accused shall be at liberty (o appeal from 
 the decision of the Sitting Commissioner to the full 
 Court, provided such Appeal be made conformably to 
 the Regulations pointed out in the Proclamation of the 
 17th July, 1798, agreably to which (saving the prose- 
 cution of the Appeal) the Sentence of the Sitting Mem- 
 ber shall be carried into execution, for so far as the 
 same shall not be attended with any infamy, or other 
 grief not reparable by the decision of the Full Court, 
 whose Sentence in these Cases shall be final. 
 
 4. Should it appear, on investigation of the Case, 
 that the Accused, instead of being guilty, has just 
 grounds of complaint against his Master, the R. O. 
 Prosecutor, agreeably to the 19th Article of the Procla- 
 mation of the 25th September, 1813, shall make such 
 declaration or claim, with regard to the Master, as he 
 may deem advisable, on which claim the Sitting Com- 
 
 u
 
 218 
 
 missioner shall pass such Sentence as he, in good jus- 
 tice, shall think proper. 
 
 5. Such aforesaid Sentence of the Sitting Commis- 
 sioner against the Master, shall be appealable from to 
 the Full Court, but subject to the same restrictions as 
 those prescribed in the 3d Article, with regard to Per- 
 sons bound. 
 
 6. All pecuniary condemnations in the above Cases 
 shall be carried into execution, in the usual manner, 
 by the chamber for Regulating Insolvent Estates, after 
 a single previous Summons ; but the confinement on 
 the Decree of the Court shall be carried into effect 
 without further form of process. 
 
 7. In the same manner, the Fiscal shall proceed on 
 such complaints of Persons who have come or shall be 
 brought into the Colony under Contract of Service, as 
 may be preferred by them against their Masters, who 
 in such cases shall be reciprocally liable, not only to 
 indemnify the Complainant, should he have injured 
 him, but also, in case ef such ill treatment as is cog- 
 nizable by the Sitting Commissioner, to a proportional 
 correction, according to the nature of the Case and the 
 existing Laws of the Colony. 
 
 8. With respect to the right of residence in this 
 Colony, that which is enacted in the abovementioned 
 Proclamation of the 30th June 1803, is considered 
 as herein inserted : so that the discharge of any Per- 
 son from his Master's Service gives him no right of 
 residence whatever, the grant of such right having 
 been and being always vested in the Governor for the 
 time being ; whilst those who remain in this Settle- 
 
 O ' 
 
 ment, without permission of me, or from the Governor 
 for the time being, after the expiration of the term of 
 their Contract, shall be liable to all the pains and 
 penalties prescribed in said Proclamation.
 
 218 
 
 9. In order to prevent any persons, who may come 
 to this Colony under Contract of Service, from being 
 seduced or persuaded to leave their Master's Service, 
 or from being aided in breaking their aforesaid engage- 
 ments, no Person shall, willingly and knowingly, 
 receive or employ in his Service such Contracted Per- 
 sons, on penalty, on conviction, of Two Hundred 
 Rix-dollars for the first offence, Five Hundred for 
 the second, and for the third, a like penalty of Five 
 Hundred Rixdollars, and six months imprisonment ; 
 whilst those who harbour such persons, without a 
 written consent of their master or without a written 
 permission from the Magistrate, or in any wise aid or 
 assist them in leaving their Service, shall forfeit, for 
 each offence, a penalty of Fifty Rix-dollars, over and 
 above such further pains and penalties, as the harbour- 
 ing of Strangers, or other Persons not provided with a 
 regular Pass, is, by the existing Laws of the Colony, 
 subject to, as well in the Country Districts as in Cape 
 Town. 
 
 10. Apprentices leg-ally bound by their Parents or 
 Guardians, by written Indenture, for a stated time, in 
 order to learn a Trade, shall not leave their Masters, 
 until they shall have served out the time of such Ap- 
 prenticeship, on pain of being, on grounded complaint 
 of such Masters, which complaint shall be brought 
 before the Sitting Commissioner, compelled by confine- 
 ment, to return to their Masters and in case of obstinate 
 resistance, or being over and above punished by fine 
 not exceeding Fifty Rix-dollars, and temporary impri- 
 sonment not exceeding 1 three months. 
 
 11. Should an Apprentice, however, consider himself 
 aggrieved by his Master, he is (if a Minor, assisted by 
 his Parents or Guardians,) to prefer his complaint to 
 his Majesty's Fiscal, in order after due investigation, 
 that Justice be equally done the Apprentice.
 
 12. All proceedings on the complaints of Master 
 Tradesmen, or of Apprentices, shall be carried on, and 
 the execution of the Sentence take place, conformably 
 to the Proclamation of the 17th July 1798, and of the 
 25lh September 1813, ( a ) under such modifications as 
 are further prescribed hereby ; and in case of Appeal to 
 the Full Court, the decision thereof shall be final. 
 
 13. His Majesty's Fiscal shall proceed in the same 
 manner as has been prescribed in the seven first Arti- 
 cles of the present proclamation, in all complaints pre- 
 ferred to him by Tradesmen, and other Inhabitants, 
 against such of their Servants, not belonging to the class 
 of Free Blacks, as have no right of residence in this 
 Colony, and vice versa, by such Servants against 
 their Masters. But if the Servants have been allowed 
 the right of residence here, or otherwise are Natives of 
 this Colony, then in the same manner as has been pre- 
 scribed in the 10th, llth, and 12th foregoing Sections. 
 
 14. Finally In all Complaints constituting the sub- 
 ject of this Proclamation, which shall occur in the 
 Country Districts, the respective Secretaries (that of 
 the Cape District excepted,) shall proceed therein as 
 His Majesty's Fiscal is hereby directed to proceed in 
 Cape Town ; with this understanding, that the Land- 
 drost of the Cape District shall bring the Complaints 
 before the Sitting Commissioner of the Court of Jus- 
 tice, and the Secretaries of the other Districts, before 
 the Courts of Landdrost and Heemraden, whose Sen- 
 tence, in case of Appeal, shall be subject to the final 
 Judgment either of the Annual Commission of Circuit, 
 or of the Full Court, to be decided by the Court in- 
 case of dispute about the choice. 
 
 And I hereby order and direct the Worshipful the 
 Court of Justice, His Majesty's Fiscal, and all the 
 
 (') Repealed by Crown Trial, 3d July 1 819.
 
 221 
 
 other Magistrates, to observe, and cause to be observed, 
 these my Orders and Directions. 
 
 And in. order that no Person may plead ignorance 
 hereof, this shall be published and affixed in the usual 
 manner. 
 
 God save the King ! 
 
 Given under my IJand and Seal, at the Cape of 
 Good Hope, this 26th day of June 1818. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 
 (Signed) C. Bird, Secretary. 
 
 Government Advertisement. 
 
 NOTICE is hereby given, that the Licence for Game 
 does, on no account, authorise the destruction of that 
 species of Deer called Bontebok, found in the District 
 of Swellendam ; as these Animals are so scarce His 
 Excellency entirely forbids their being destroyed. ( 1 ) 
 Cape of Good Hope, 20th November 1818. 
 By Command of His Excellency the Governor, 
 (Signed) C. Bird, Secretary. 
 
 Proclamation by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, 8fc. Sfc. 
 WHEREAS information has been received that the Bor- 
 der Chiefs who are at variance with the principal Chief 
 Gaika, have entered the Province of Albany (Zure- 
 veld) in several directions, and hare committed great 
 and unforeseen Outrages, Devastations, and Murders : 
 
 Now, in order to put a stop to these Calamities, I 
 have thought proper to call out a considerable Com- 
 mando from each of the Interior Districts, for the pur- 
 pose of driving 1 those Marauders over the known Boun- 
 daries of this His Majesty's Settlement; and I have 
 further thought proper to send a Military Force to sup- 
 
 (') See Proclamation 21st March 1822, infra. 
 
 u2
 
 222 
 
 port the same, under the Command of Lieut-Colonel 
 Willshire, of His Majesty's 38th Regiment of Foot, 
 whom I have appointed to the Command of the whole 
 of this united Force. 
 
 These are therefore to give Notice, that from and 
 after the promulgation of these presents, Martial Law 
 shall be in force within the Drostdies of Graaff-Reinet, 
 Uitenhage, and all such Places in which the aforesaid 
 Force shall be employed, for all cases connected with 
 the assembling" and conducting the aforesaid Com- 
 mando, and continue to be in force until the object 
 thereof be accomplished, of which the aforesaid Officer 
 Commanding, or Senior Officer for the time being, 
 duly authorised by me, shall give public notice, but 
 without prejudice to the usual course of Law in all 
 other matters whatsoever. 
 
 And that no Person may plead ignorance hereof, I 
 have thought proper to direct, as I do by these presents, 
 that besides the usual mode of making known the same, 
 each Field-Commandant and Field-Cornet shall be fur- 
 nished with a Copy hereof. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of Good 
 Hope, this 3d day of March 1819. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) C. Bird, Secretary. 
 
 Government Advertisement. 
 
 His Excellency the Acting Governor, Commanding in 
 Chief, has been pleased to direct the following Orders 
 of His Majesty in Council to be made public, for gen- 
 eral information. 
 
 Cape of Good Hope, 6th October, 1820. 
 By His Excellency's Command, 
 (Signed) C, Bird, Secretary,
 
 223 
 
 At the Court, at Carlton House, the \%th July 1820,. 
 present, the KING'S Most Excellent Majesty in 
 Council. 
 
 WHEREAS by an Act passed in the first year of the 
 reig-n of his present Majesty, intituled " An Act to con- 
 tinue until the fifth day of July, one thousand eight 
 hundred and twenty-five, an Act of the fifty-seventh 
 vear of His late Majesty, for regulating the Trade and 
 Commerce to and from the Cape of Good Hope, and 
 for regulating- the Trade of the Island of Mauritius," 
 His Majesty is authorised, by and with the advice of 
 His Privy Council, by an Order or Orders to be issued 
 from time to time, to give such directions, and to 
 make such regulations touching the trade and commerce 
 to and from the Settlement of the Cape of Good Hope, 
 and the Territories and Dependencies thereof, as to His 
 Majesty in Council shall appear most expedient and 
 salutary, any thing contained in an Act passed in the 
 twelfth year of the reign of His Majesty King Charles 
 the Second, intituled " An Act for encouraging- and in- 
 creasing of Shipping and Navigation ;" or in an Act 
 passed in the seventh and eight years of the reign of 
 His Majesty King- William the Third, intituled " An 
 Act for preventing Frauds and regulating Abuses in the 
 Plantation Trade," or any other Act or Acts of Parliu- 
 rnent now in force relating to His Majesty's Colonies 
 and Plantations, or ony other Act or Acts of Parjia- 
 ment, Law, Usage, or Custom to the contrary, in any 
 wise notwithstanding; His Majesty is pleased, by and 
 with the advice of His Privy Council, to order, and 
 it is hereby ordered, that from and after the date of this 
 present Order, British vessels arriving at any port of 
 the Settlement of the Cape of Good Hope, or of the 
 Territories and Dependencies thereof, from any country 
 in amity with His Majesty, laden with any articles of
 
 224 
 
 the growth, production, or manufacture of such coun- 
 try (excepting all articles composed of cotton, iron, 
 steel, or wool, of foreign manufacture), shall be per- 
 mitted to enter and land their cargoes, and dispose of 
 the same in the ports, subject to such duties as may 
 be there payable thereon : 
 
 And it is further ordered, that British vessels arriving 
 as aforesaid, shall be permitted to export to any such for- 
 eign country in amity with His Majesty, cargoes consisting 
 of any articles of the growth, production, or manufacture 
 of the Settlement of the Cape of Good Hope, or of the 
 Territories and Dependencies thereof, or of any other 
 articles which shall have been legally imported there, 
 on payment of such duties as may be payable thereon : 
 
 And it is hereby further ordered, that vessels belong- 
 ing to the subjects of any foreign state in amity with His 
 Majesty, which foreign state shall allow British vessels 
 to carry on trade as aforesaid betweed the ports of such 
 state and the Settlement of the Cape of Good Hope, or 
 the Territories and Dependencies thereof, shall be per- 
 mitted, in like manner, to import into the ports of the 
 said Settlements, or of the Territories and Dependencies 
 thereof, from any port of the state to which such vessel 
 shall belong, any articles of the growth, production or 
 manufacture of such foreign state, (excepting all articles 
 composed of cotton, iron, steel, or wool, of foreign 
 manufacture,) and to dispose of the same in the ports 
 of the said Settlement, or of the Territories and Depen- 
 dencies thereof, on payment of the same duties as shall 
 be payable on the like articles, when imported from such 
 foreign state in British vessels ; provided, however, that 
 if higher duties are charged on the export of such goods 
 from any such foreign state to the Settlement of the 
 Cape of Good Hope, or the Territories and Dependen- 
 cies thereof, in British vessels, than are charged on the 
 export of similar articles to the said Settlement, or the
 
 225 
 
 Territories and Dependencies thereof, in ships of sncFi 
 foreig-n state, a countervailing duty, of equal amount 
 shall be charged on the said articles when imported 
 into the said Settlement, or the Territories and Depen- 
 dencies thereof, in vessels of such foreig-n state, over 
 and above the duties payable on the like articles when 
 imported from such state in British vessels: 
 
 And it is hereby further ordered, that every such 
 foreign vessel shall be permitted to export a cargo, 
 consisting of any articles of the growth, production, 
 or manufacture of the Settlement of the Cape of Good 
 Hope, or of the Territories and Dependencies thereof, 
 or of any other articles which shall have been legally 
 imported there, on payment of a duty of eight per cent 
 ad valorem over and above the duties charged on Ihe 
 like goods when exported from the said Settlement, or 
 the Territories and Dependencies thereof, to such 
 foreign state in a British vessel ; provided, however, 
 that incases where satisfactory proof shall be given, that 
 the said articles, when imported into such foreign state 
 from the Settlement of the Cape of Good Hope, or the 
 Territories and Dependencies thereof, in British vessels, 
 are charged with no higher duties than are charged on 
 the like articles when imported in vessels of such 
 foreign state ; and that such articles, when imported in 
 British vessels, are entitled to the same privileges and 
 advantages with respect to warehousing and internal 
 consumption, or otherwise, as when imported in ves- 
 sels of such state, then and in such case no hio-her 
 
 ' O 
 
 duties shall be charged on the export of such articles 
 from the Settlement of the Cape of Good Hope, or the 
 Territories and Dependencies thereof, in vessels of such 
 foreign state, than shall be charged on the export of 
 the like articles in British vessels to such foreign state : 
 It is, however, hereby further ordered and declared, 
 that no foreign vessel, allowed by the terms of this
 
 226 
 
 Order to export a cargo from the Settlement of the 
 Cape of Good Hope, or the Territories and Dependen- 
 cies thereof, shall be permitted to export such cargo to 
 any of His Majesty's possessions, or to any other place 
 than a port or place belonging to the state or power to 
 which the vessel itself shall belong. 
 
 And the Right Honourable the Lords Commissioners 
 of His Majesty's Treasury, and the Lords Commissioners 
 of the Admirality, are to give the necessary directions 
 herein, as to them may respectively appertain. 
 
 Chetwynd. 
 
 At the Court, at Carlton House, the ]2th July 1820, 
 present, the KING'S Most Excellent Majesty in 
 Council. 
 
 WEEREAS by an Act passed in the first year of the 
 reign of His present Majesty, intituled an "Act to con- 
 tinue until the fifth day of July, one thousand eight 
 hundred and twenty-five, an Act of the fifty-seventh 
 year of His late Majesty, for regulating the Trade and 
 Commerce to and from the Cape of Good Hope, and 
 for regulating the Trade of the Island of Mauritius ;" 
 His Majesty is authorised, by and with the advice of 
 His Privy Council, by any Order or Orders to be 
 issued from time to time, to give such directions, and 
 to make such regulations touching the trade and com- 
 merce to and from all Islands, colonies, or places, and 
 the territories and dependencies thereof, to His Ma- 
 jesty belonging, or in his possession, in Africa or 
 Asia, to the eastward of the Cape of Good Hope 
 (excepting only the possessions of the East India Com- 
 pany) as to His Majesty in Council shall appear most 
 expedient and salutary, any thing contained in an Act 
 passed in the twelfth year of the reign of His Majesty 
 King Charles the Second, intituled " An Act for the 
 encouraging and increasing of Shipping and Naviga-
 
 227 
 
 tion ;" or in an Act passed in the seventh and eighth 
 years of the reign of His Majesty King William the 
 Third, intituled "An Act for preventing Frauds, and 
 regulating Abuses in the Plantation Trade ;" or any 
 other Act or Acts of Parliament now in force, relating 
 
 7 O 
 
 to His Majesty's Colonies and Plantations, or any other 
 Act or Acts of Parliament, Law, Usage, or Custom 
 to the contrary in anywise notwithstanding : and 
 whereas by virtue of the powers granted by the above- 
 recited Act of the fifty-seventh year of His late Ma- 
 jesty, an Order in Council was passed on the twenty- 
 eighth of May, one thousand eight hundred and nine- 
 teen, for regulating the Trade of the Island of Mauri- 
 tius, with states in amity with His Majesty, on the 
 conditions therein set forth, His Majesty is pleased to 
 direct, that the said Order be, and the same is hereby 
 revoked ; and His Majesty is further pleased, by and 
 with the advice of His Privy Council, to order, and it 
 is hereby ordered, that from and after the date of 
 this present Order, British vessels arriving at any port 
 of the Island of Mauritius, or its Dependencies, from 
 any country in amity with His Majesty, laden with 
 any articles of the growth, production, or manufac- 
 ture of such country (excepting all articles composed 
 of cotton, iron, steel, or wool, of foreign manufac- 
 ture,) shall be permitted to enter and land their car- 
 goes, and dispose of the same in the said ports, sub- 
 ject to such duties as may be there payable thereon : 
 
 And it is further ordered, that British vessels arriving 
 
 o 
 
 a"s aforesaid, shall be permitted to export to any such 
 foreign country in amity with His Majesty, cargoes 
 consisting of any articles of the growth, production, or 
 manufacture of the Island of Mauritius, or its Depen- 
 dencies, or of any other articles which shall have been 
 legally imported there, on payment of such duties as 
 may be payable thereon :
 
 228 
 
 And it is hereby further ordered, that vessels belong- 
 ing to the subjects of any foreign state in amity with 
 His Majesty, which foreign state shall allow British 
 vessels to carry on trade as aforesaid, between the 
 ports of such state and the Island of Mauritius shall 
 be permitted in like manner to import into the 
 ports of the Island of Mauritius, or its Dependencies, 
 from any port of the state to which such vessels shall 
 belong, any articles of the growth, production, or 
 manufacture of such foreign state (excepting all arti- 
 cles composed of cotton, iron, steel, or wool, of 
 foreign manufacture,) and to dispose of the same in 
 the ports of the said Island and its Dependencies, on 
 payment of the same duties as shall be payable on the 
 like articles when imported from such foreign state in 
 British vessels : provided, however, that if higher du- 
 ties are charged on the export of such goods from any 
 such foreign state to the Island of Mauritius in British 
 vessels, than are charged on the export of similar 
 articles to the said Island in ships of such foreign 
 state, a countervailing duty of equal amount shall be 
 charged on the said articles when imported into the 
 Island of Mauritius, or its Dependencies, in vessels 
 of any foreign state, over and above the duties payable 
 on the like articles when imported from such state in 
 British vessels : 
 
 And it is hereby further ordered, that every such 
 foreign vessel shall be permitted to export a cargo con- 
 sisting of any articles of the growth, production, or 
 manufacture of the Island of Mauritius, or its Depen- 
 dencies, or of any other articles which shall have been 
 legally imported there, on payment of a duty of eight 
 per cent, ad valorem, over and above the duties charged 
 on the like goods when exported from the Island of 
 Mauritius, or its Dependencies, to such foreign state in 
 a British vessel; provided, however, that in cases
 
 229 
 
 where satisfactory proof shall be given that the said 
 articles when imported into such foreign states from 
 the Island of Mauritius in British vessels, are charged 
 with no higher duties than are charged on the like arti- 
 cles when imported in vessels of such foreign state ; 
 and that such articles when imported in British vessels 
 are entitled to the same privileges and advantages with 
 respect to the warehousing and internal consumption, 
 or otherwise, as when imported in vessels of such state, 
 then and in such case no higher duties shall be charged 
 on the export of such articles from the Island of Mau- 
 ritius or its Dependencies, in vessels of such foreign 
 state, than shall be charged on the export of the like 
 articles in British vessels to such foreign state : 
 
 It is, however,, hereby further ordered and declared, 
 that no foreign vessel, allowed by the terms of this 
 . Order, to export a cargo from the Island of Mauritius 
 or its Dependencies, shall be permitted to export such 
 cargo to any of His Majesty's Possessions, or to any 
 other place than a port or place belonging to the state 
 or power to which the vessel itself shall belong. 
 
 And the Right Honorable the Lords Commissioners 
 of his Majesty's Treasury, and the Lords Commissio- 
 ners of the Admiralty, are to give the necessary 
 directions herein, as to them may respectively appertain. 
 
 Chetwynd. 
 
 Government Advertisement. 
 
 His Excellency the Governor has been pleased to direct 
 that the following Order of His Majesty in Council, 
 shall be made public, for the general information ; 
 and the Principal Officers of His Majesty s Customs 
 are to regulate themselves accordingly thereby. 
 Cape of Good Hope, 14th March 1822. 
 
 By Command of His Excellency the Governor, 
 (Signed) C. Bird, Secretary.
 
 230 
 
 At the Court, at Carlton House, \4th November 1821, 
 present, the KING'S Most Excellent Majesty in 
 Council. 
 
 WHEREAS it is expedient, that the Duties now charged 
 upon certain Articles imported into the Settlement of 
 the Cape of Good Hope, and the Territories and De- 
 pendencies thereof, should be altered, and other 
 Duties be collected in lieu thereof, His Majesty is 
 pleased, by and with the advice of His Privy Council, 
 to order, and it is hereby ordered, that from and after 
 the publication of this Order, at the Cape of Good 
 Hope, there shall be levied and collected, upon all 
 Articles, the produce or Manufacture of the United 
 Kingdom, inported into the said Settlement of the 
 Cape of Good Hope, and the Territories and Depen- 
 dencies thereof, a Duty not exceeding Three and One 
 Quarter per Cent, of the value of such Articles, re- 
 spectively, in lieu of the Duties now collected upon 
 the said Articles, in the said Colony : and the Right 
 Honorable the Lords Commissioners of His Majesty's 
 Treasury, and the Right Honorable Earl Bathurst, one 
 of His Majesty's Principal Secretaries of State, are 
 to give the necessary Directions herein as to them may 
 respectively appertain. 
 
 (Signed) J. Buller. 
 
 Proclamation ( a ) by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, Sec. Sfc. 
 WHEREAS it has appeared to me, that the existing 1 Re- 
 gulations against the destruction of Game, and for the 
 preservation of some particular Species of the same, do 
 not wholly meet the laudable object, with which they 
 
 (') Vide supra Government Advertisement, 17 Feb. 1815, p. 196. 
 and 20 Nov. 1818, p. 221.
 
 231 
 
 have been established ; and whereas the rapidly-encrea- 
 sing Population, renders it daily more necessary to 
 guard against the total destruction of Game, in this Co- 
 lony, in the most efficacious manner ; I have thought 
 proper to order and direct, and it is hereby ordered and 
 directed, accordingly: 
 
 1. That from and after the 1st July until the 30th 
 November, in each Year, both Days inclusive, all 
 Persons whosoever, are strictly forbidden to shoot any 
 Pheasant, Partridge, Korhaan, Wild Peacock, (Paauw,) 
 Ostrich, Buck, (comprising the whole Antelope Spe- 
 cies,) Hare, or Zebra, under a Penalty of Fifty Rixdol- 
 lars, for each head of Game killed during said period; 
 namely, from the 1st July to the 30th November, in 
 every Year, both Days included, tog-ether with all the 
 Costs and Expences attending the Prosecution ; or, in 
 failure of payment thereof, one Month's Inprisonmentin 
 the Gaol of the District, in which such Offence shall 
 have been committed, for every Fifty Rixdollars which, 
 the Transgressor shall be found to have forfeited, in 
 proportion to the quantity of Game he may have 
 killed. 
 
 2. From this Prohibition and Penalty, are, however, 
 exempted, Farmers and other free Persons travelling 
 through the Country, and shooting Game for their ac- 
 tual consumption on the road, provided it be on the 
 other side of Hottentot's Holland Kloof, and at the 
 other side of the Great Berg River, so that the Prohibi- 
 tion contained in the preceding Article, is to be in full 
 force and rigour in the whole of the Cape District, and 
 in the District of Stellenbosch, at this side of the Hot- 
 tentot's Holland Mountains and the Great Berg River, 
 under a like Penalty of Fifty Rixdollars, for each head 
 of Game which shall be found to have been shot in the 
 Cape or Stellenbosch District, respectively, within the 
 limits herein specified, or beyond the same, if not actu
 
 232 
 
 ally shot on the road for the consumption of Farmers or 
 other free Persons travelling through the Country; or 
 one Month 'slmprisonment in case of failure of payment, 
 in proportion of the pecuniary Penalty incurred. In no 
 case, whatever, shall Game, so shot, be brought into 
 Cape Town, or any of the Residencies of the Country 
 Districts, under the Penalty hereafter prescribed in 
 Article 14. 
 
 3. That no Person whosoever, shall, at any time, 
 wilfully catch or destroy any Pheasant, Partridge, Kor- 
 haan, Wild Peacock, Ostrich, Buck, Hare, or Zebra, 
 either by Net, Snare, Spring- or other Engine, under 
 the same Penalty, as prescribed in the two foregoing 
 Articles. 
 
 4. It is hereby especially enacted, that no Person 
 shall, at any time, knowingly or willingly catch, take 
 away, or destroy the Young or Eggs of any such Game, 
 as aforesaid, under u Penalty of Fifty Rixdollars for 
 every Offence, together with all the Costs and Expences 
 attending the Prosecution ; or, in failure of payment 
 thereof, one Month's Imprisonment in the Gaol of the 
 District in which the Offence shall have been committed. 
 
 5. Exclusive of the period prescribed in the 1st Arti- 
 cle; that is to say, from the 1st December to the 30th 
 June, in each Year no Person whosoever shall be at 
 liberty, any where, to shoot or kill any Pheasant, 
 Partridge, Korhaan, Wild Peacock, Ostrich, Buck, 
 Hare, or Zebra, either by Gun or Dog, unless he shall 
 have previously obtained a Licence to that effect; that 
 is to say, all Persons residing in Cape Town, Cape Dis- 
 trict, and the Residency of Simon's Town, from the 
 Colonial Office ; and all other Persons from the respec- 
 tive Landdrosts, on a Stamp of Five Rixdollars, which 
 Licence will be in force only for one Season, viz : From 
 the 1 st December to the 30th June, in each Year, both 
 days inclusive: any Person shooting, killing, or de-
 
 233 
 
 stroying Game, without such Licence, shall forfeit the 
 Penalty prescribed in Article 1. 
 
 6. No Holder of such Licence, however, shall be at 
 liberty to shoot or kill any Elephant, Sea-Cow (Hippo- 
 potamus), Bontebuck, without having obtained a Spe- 
 cial Permission to that effect, from the Governor for the 
 time being:, under a Penalty of Five Hundred Rixdollars 
 for each Offence; or, in failure of payment thereof, six 
 Month's Imprisonment in the Gaol of the District in 
 which the Offence shall have been committed. [Extended 
 to Elands, 14th March \823.-Repealed as to Ele- 
 phants, 23d August 1822.] 
 
 7. That no Person or Persons whosoever, shall, un- 
 der warrant of any Licence, or other authority, pursue 
 or kill any Game in or upon any Lands, the property of, 
 or lawfully occupied by, any Individual in the Colony, 
 without the express permission of the Proprietor or Oc- 
 cupier thereof, under a Penalty of Twenty-five Rixdol- 
 lars for the first Transgression ; and of One Hundred 
 Rixdollars on repetition of the Offence after the first 
 warning, over and above the payment of Damages, if 
 such be proved, recoverable by ordinary prosecution at 
 Law; provided always, that due notice and warning 
 shall have been given not to trespass in the pursuit of 
 Game, on the lands of the said Proprietor or Occupier. 
 
 8. That it shall, at any time, be lawful for any Pro- 
 prietor or Occupier of Land, which shall have been 
 brought into cultivation, to kill, destroy, and drive 
 forth, from and out of such Land, being in a state of 
 cultivation, all and every species of Game which shall 
 have entered or harboured, to the loss, annoyance, and 
 injury of the Proprietor or Occupier; provided always, 
 that it shall not be lawful to pursue or destroy such 
 Game, out of, or beyond, the limits of the Land so cul- 
 tivated. 
 
 9. As the respective Holders of the Leases of Go- 
 
 w2
 
 234 
 
 vernment Places, situated at Groenekloof, are express- 
 ly forbidden, by the Conditions of the Leases, either to 
 shoot, catch, kill, or otherwise destroy, any Game 
 within the Limits of their respective Places, or allow 
 others so to do ; such prohibition is hereby converted 
 into a permanent Law ; and, that all Game found on 
 those Places being more especially considered as Public 
 Property, neither the respective Holders of such Leases, 
 nor any other Person or Persons whosoever, whether 
 provided with a Licence or not, shall be at liberty, at 
 any time, there to shoot or kill any Game specified in 
 this Proclamation (save and except the liberty granted 
 by Article 8), under a Penalty of Fifty Rixdollars for 
 each head of Game so shot or killed ; and, on failure of 
 payment thereof, one Month's Imprisonment in the 
 Town Gaol, for every such fifty Rixdollars so forfeited, 
 and not paid. 
 
 10. That any Herdsman, Shepherd, or other Person, 
 having the charge of, or attending Cattle, who shall be 
 found in the Fields, carrying a Gun, loaded with shot 
 of a smaller size than those which are commonly known 
 and called by the name of Loopers, or who shall be 
 found in the Fields with any Shot of a smaller size in his 
 custody or possession, shall forfeit such Gun; and his 
 Master, or Employer, moreover, be fined in the sum of 
 Twenty Rixdollars, together with all Costs and Expen- 
 ces attending the Prosecution, in case of conviction ; or 
 in failure of payment thereof, one Month's Imprison- 
 ment in the Gaol of the District in which the Offence 
 shall have been committed. 
 
 11. That no Slave shall, at any time, be permitted 
 to shoot or destroy Game, on pain of forfeiture of the 
 Gun, or other Engine, and a futher punishment of one 
 Month's Imprisonment ; the Costs and other Expences 
 attending the Prosecution, to be paid by the Master, OB 
 conviction.
 
 235 
 
 12. And whereas, many Persons hire, or employ 
 Hottentots, or other free Persons, to shoot for them in 
 the capacity of Gamekeepers, or for the pretended pur- 
 pose of supplying- their Tables with Game; be it hereby 
 further ordered and declared, that such Hottentot, or 
 other free Person, shall not be allowed to shoot upon 
 any other Lands than what are bonafide possessed by 
 his Master or Employer; unless he be provided with a 
 written Permission, from the Proprietor or Occupier of 
 such Land, not belonging to his Master or Employer, 
 as he may wish to shoot upon, under a Penalty of One 
 Hundred Rixdollars ; such Fine to be recovered of his 
 said Master or Employer, together with all Costs and 
 Expences attending the Prosecution, on such Hottentot 
 or free Person being convicted of the Offence. 
 
 13. That as the employing of the Sabbath Day, for 
 the amusement of shooting, is a most immoral and pro- 
 fligate practice, it is therefore hereby most strictly for- 
 bidden, to shoot or kill any kind of Game, at any sea_ 
 son of the Year, on a Sunday; and every Person, with- 
 out exception, hereafter convicted of offending- herein 
 shall be fined in a Penalty of One Hundred Rixdollars 
 for the first offence; and Three Hundred Rixdollars for 
 each repetition, after a first conviction. 
 
 14. That no live Game shall, at anytime, nor dead 
 Game, between the 1st July and the 30th November of 
 each Year, both Days included, be suffered to pass by, 
 or be carried through, the Toll or Barrier Gates, with- 
 out a special Permission from the Governor, for the 
 time being, under a Penalty of Fifty Rixdollars, to be 
 recovered of the Person, in whose custody or possession 
 such Game shall be found, together with all Costs and 
 Expences attending the Prosecution to conviction, or 
 six Months' Imprisonment, in failure of payment 
 thereof. 
 
 15. All transgression against this Proclamation shall
 
 236 
 
 be respectively prosecuted before the Sitting- Commis- 
 sioner, from the Worshipful Court of Justice, or the 
 Landdrost and commissioned Heemraden of the District 
 in which the offence shall have been committed, by the 
 competent Officer of such District; and the sentence 
 given in such case shall be subject to re-hearing and 
 appeal, provided the Defendant, should he feel himself 
 aggrieved thereby, previously complies with the sen- 
 tence in the first instance, and that such compliance, as 
 well as the deposit of the Penalty, for a frivolous re- 
 hearing or appeal having been made, shall appear to 
 the Court above. 
 
 16. All Prosecutions resulting from a contravention 
 of this Proclamation, shall be carried on summarily, 
 and the Judge, should he, in this particular case, feel 
 himself otherwise sufficiently instructed to pass a sen- 
 tence of condemnation, shall not be bound to the neces- 
 sity of requiring the oath of two consonant Witnesses; 
 a groundless plea, though eagerly resorted to, in cases 
 where the offence has been committed, without being 
 witnessed by a plurality of impartial Persons. 
 
 17. All contraventions of this Proclamation shall be 
 prosecuted by the competent Officer, within three 
 Monthsfrom the time the Offence shall have been com- 
 mitted ; after the expiration of which period, all right of 
 prosecution shall cease. 
 
 18. And in order as much as possible, to encourage the 
 Preservation of Game, the following Rewards shall be 
 given to all such Persons as destroy Vermin, or other 
 noxious Animals, viz : 
 
 JRds. Sks. 
 For every Tiger, 25 
 
 Wild Dog, 5 
 
 Wild Cat, 1 
 
 Mousehound, - 04 
 
 Hawk, - - 04 
 
 These Suras shall be paid out of the Treasuries of
 
 231 
 
 the respective District in which the Vermin or noxiotrs 
 Animals shall have been killed, on a certificate from the 
 Field-Cornet or Wardmaster of the District : " That 
 the Head of such Animal has been produced to him/' 
 which certificate must be applied for and obtained, 
 within eight days after the Animal, for which the 
 reward is promised, has been destroyed. 
 [Repealed vide Ord. No. 3, 1825, and No. 45, 1828.] 
 
 19. The half of all fines, recovered in consequence 
 of contravention of this Proclamation, shall be paid to 
 the Informer, and the other half to the Treasury 
 of the District in which the Offence shall have 
 been committed, in order to defray the Rewards for the 
 Destruction of Vermin, and other noxious Animals, as 
 mentioned in the forgoing- Article. 
 
 20. From the Limitations contained in this Proclama- 
 tion, Hunting- with Hounds is exempted, which as in 
 nowise tending- to the Destruction of Game, is to be 
 allowed on the same footing as heretofore ; provided it 
 be conducted by Hunting Clubs, established under the 
 Sanction of His Excellency the Governor for the time 
 being. 
 
 And in order that no Person may plead ignorance 
 hereof, this shall be published and affixed in the usual 
 manner. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 21st day of March 1822. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 
 (Signed) C. Bird, Secretary.
 
 238 
 
 Proclamation (*) of His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, Sec. Sfc. 
 WHEREAS it has been represented to me, that certain 
 Individuals (probably ignorant of the Laws of the 
 Colony) have proposed to convene Public Meetings, 
 for the discussion of Public Measures and Political 
 Subjects, contrary to the Law and usage of this Place, 
 I deem it therefore necessary thus publicly to notify, 
 that all Meetings so convened are contrary to Law, and 
 that every person who attempts to convene any Meeting 
 or Assemblage of such nature, without my sanction and 
 authority or the authority of the chief Local Magistrate, 
 in distant Districts where the obj ect of suchMeeting may 
 be of so urgent a nature, that my authority and sanction 
 cannot be obtained, or any Person attending such un- 
 sanctioned Meetings, is guilty of a high Misdemea- 
 nour, and is severely punishable for such Offence : 
 And I, moreover, hereby warn all Persons who may, 
 notwithstanding, be induced to convene, or attend, 
 any such Public meeting, that the Local Authorities 
 have been authorised and required to disperse the same, 
 and after the promulgation of these presents, to arrest 
 and bring to justice, all and every Individual who shall 
 infringe the ancient Laws and Usages of the Colony 
 entrusted to my care. 
 
 And whereas certain ignorant, malevolent, or de- 
 signing Persons, have thought proper to assert and 
 insinuate, that the Governor of this Colony is not duly 
 made acquainted with the Petitions or Complaints pre- 
 ferred by those who feel themselves aggrieved, or who 
 have occasion to address me, as His Majesty's Repre- 
 sentative, on their respective Cases and Interests, I do 
 therefore deem it advisable to acquaint all Persons, 
 that in no instance is any Petition, Memorial, or Letter, 
 
 (') Vide Ordinance No. 901832, and Proclamation 6th June 1832-
 
 239 
 
 addressed to this Government, which does not come 
 under my immediate cognizance, or in which the Order 
 is not given under my own Hand ; and that in most 
 instances, the contrary supposition is alone adduced, 
 to cover language and expressions which could not be 
 tolerated, if addressed immediately to His Majesty's 
 Representative, without offence to the Laws, in this 
 case provided. 
 
 And, I do, hereby further make known, that, partici- 
 pating most anxiously and sincerely, in the distress which 
 has been unavoidably felt, from the total failure of two 
 successive Harvests, and various other causes, by such 
 of my Countrymen as sought an asylum in this Settle- 
 ment, in the year 1820, I shall unceasingly court every 
 opportunity of redressing their real grievances, and of 
 promoting their general and individual welfare ; but that 
 it is, at the same time, my firm determination, to put 
 down, by all the means with which the Law has en- 
 trusted me, such attempts as have been recently made 
 to disturb the Public Peace, whether by inflammatory 
 or libellous Writings, or by any other Measures, of 
 which I give those concerned, this Public Warning, 
 that no one may have cause to plead ignorance of the 
 Laws of the Colony, when called to account for trans- 
 gressions so materially and injuriously affecting the 
 Public Peace. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 24th day of May 1822. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 
 (Signed) C. Bird, Secretary.
 
 240 
 
 Proclamation by His Excellency General the Rig/it 
 Hon. Lord Charles Henry Somerset, Sfc. frc. 
 
 WHEREAS it has appeared to His Majesty's Government, 
 that the Laws in force in this Colony, relating to Testa- 
 mentary Dispositions of Property, may in their opera- 
 tion, defeat the expectations of those Individuals who 
 have emigrated, and become Settlers within the juris- 
 diction of this Government ; and I have in consequence 
 thereof received His Majesty's Most Gracious Com- 
 mands to make Provision in the Premises according to 
 circumstances : I do therefore, in pursuance thereof, 
 and by virtue of the Authority in me vested, hereby 
 make knowrf, declare, and order, That it shall be 
 hereafter considered lawful, regular, and of full force, 
 for all Residents and Settlers in this Colony of the 
 Cape of Good Hope, being natural born Subjects of 
 the United Kingdom of Great Britain and Ireland, to 
 enjoy the same Rights of devising their Property, both 
 real and personal, as they would be entitled to exer- 
 cise under the Laws and Customs of England ; pro- 
 vided, however, that in case any such natural born 
 Subject of the United Kingdom of Great Britain and 
 Ireland shall enter into the Marriage State within this 
 Settlement, without making a previous Marriage Set- 
 tlement, (called in the Colonial Law term Ante-Nup- 
 tial Contract) his Property in such case, both real and 
 personal, shall be administered and divided according 
 to Colonial Law, notwithstanding any subsequent 
 Testamentary Devise unless such- subsequent Testa- 
 mentary Devise, be made in conjunction with the Wife 
 of the Party, according to the Colonial Law on this head. 
 And it is hereby further made known and ordered, 
 that the original Will or Testament of any Person 
 dying in this Colony, shall be deposited, as usual, in 
 the Orphan Chamber, at Cape Town, in order to le-
 
 241 
 
 galize the administration of the Estate, by the Execu- 
 tor or Administrator thereof. 
 
 And I do hereby further order and direct the Presi- 
 dent, or acting President, of any of the Matrimonial 
 Courts of this Government, to explain clearly, to 
 exery natural born Subject of the United Kingdom of 
 Great Britain and Ireland, who shall be about to enter 
 into Matrimonial Engagements, and appear for that 
 purpose before such Courts, the tenor of this my Pro- 
 clamation, noting on their Record their having so 
 done, that no Man may justly plead ignorance of this 
 Provision. 
 
 And in order still further to obviate the plea of not 
 knowing the Law on this head, I have caused this 
 Proclamation to be published and affixed as usual, and 
 to appear in three successive Gazettes. 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of Good 
 Hope, this 12th day of July 1822. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 
 (Signed) C, Bird, Secretary. 
 
 Proclamation by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, $"c. $"c. 
 WHEREAS various Notes, Bills of Exchange, and Drafts, 
 for Money, for very small Sums, under the appellation 
 of " Good fors," have been for some time circulated or 
 negotiated in the Frontier Districts of this Settlement, 
 and elsewhere, to the great prejudice of Trade and 
 Public Credit; I have, therefore, thought proper, 
 after full consideration, to declare and order, by Virtue 
 of the Authority in me vested, that all Promissory 
 or other Notes, Bills of Exchange, Drafts, or Under-
 
 242 
 
 takings in Writing, being negotiable or transferable, 
 for the payment of any Sum or Sums of Money less 
 than the Sum of Fifty Rix-dollars, in the whole, which 
 shall or may be issued, at any time from and after the 
 15th Day of September next, 1822, shall be, and the 
 same are hereby declared to be, absolutely void and of 
 no effect, any usage or custom to the contrary not- 
 withstanding. 
 
 And I hereby further order and direct, that if any 
 Person or Persons shall, at any time or times, from 
 and after the aforesaid 15th day of September next, 
 1822, by any act, devise, or means whatsoever, publish 
 or utter any such Notes, Bills, Drafts, or Engagements 
 as aforesaid, for a less Sum than Fifty Rix-dollars, or 
 on which less than the Sum of Fifty Rix-dollars shall be 
 be due, and which shall in anywise negotiable, or shall 
 negotiate the same, every such Person shall forfeit and 
 pay for every snch offence, any Sum not exceeding 
 One Hundred and Fifty Rix-dollars, nor less than 
 Fifty Rix-dollars, to be sued for before the Courts of 
 Landdrost and Heemraden of the District in which the 
 Offence is committed, and the amount recovered to be 
 distributed in the manner usual in Cases of Fines. 
 
 And whereas it has been made known to me, that 
 the issue of the Notes, Bills, Drafts, or Undertakings 
 aforesaid, has been attempted to be excused by a sup- 
 posed want of small Currency in the distant Districts - 
 I have, therefore, taken measures for the supply 
 of the Frontier with an adequate proportion of small 
 Currency ; and I have empowered the Landdrosts of 
 the Albany District, to exchange any Notes of the 
 Colonial Treasury, of Ten Rix-dollars, or upwards, 
 into small Currency, in order that no plea whatever 
 may exist, for a continuance of the prejudicial Practi- 
 ces which it is the object of this Regulation to check 
 and annihila te.
 
 243 
 
 And that no Person may plead ignorance hereof, 
 this shall be published and affixed in the usual manner. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 22th Day of August 1822. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 
 (Signed) C. Bird, Secretary. 
 
 Proclamation, by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, $fc. 8fc. 
 WHEREAS it has been represented to me to be neces- 
 sary, to preserve the few Elands which are left in the 
 George District, and which have met with great pro- 
 tection from the Landed Proprietors in the vicinity of 
 the Attaquas Kloof, but have lately been wantonly 
 dispersed and destroyed, by some evil-disposed Per- 
 sons : It is, therefore, hereby ordered, that the Re- 
 gulation which gives protection to the Hippopotamus 
 and Bontebuck, (that is, the 5th Article of the Pro- 
 clamation of the 2lst of March, of the Year 1822 C 1 ), 
 shall be henceforward, also, made applicable to the 
 beautiful and scarce species of Deer, called Eland, 
 found in the George District ; of which all Persons 
 are called upon to take due Notice, as the Penalty for 
 contravening the same, will be most rigidly enforced. 
 
 And that no Person may plead ignorance hereof, this 
 shall be published and affixed in the usual manner. 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 14th day of March 1823. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 
 (Signed) C. Bird, Secretary. 
 
 (') Vide supra p. 230.
 
 244 
 
 Proclamation by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, 8fc. $*c. 
 WHEREAS it has been represented to me, by the prinr 
 cipal Breeders of Horses in this Colony, that the 
 practice of permitting entire Horses to run loose, is 
 frequently of the greatest injury to their respective 
 Studs, and soliciting my interference therein; and 
 whereas it appears to me to be reasonable and just, 
 that Persons who embark a considerable Capital in 
 this important Branch of Farming, should be protected 
 from the consequences which the negligence of their 
 Neighbours, or others, may in these respects occa- 
 sion, I do therefore order and direct, that no entire 
 Horse exceeding two years of age, shall in future be 
 turned out, either at the Outspan Places, or on Lands 
 which are not enclosed, unless secured in such man- 
 ner, as to prevent access to any Mares belonging to 
 the Owner of the neighbouring or other Place; and 
 with a view to enforce the same, I hereby empower 
 the respective Courts of Landdrost and Heemraden, 
 or of Deputy Landdrosts and Heemraden, to impose a 
 Fine not exceeding 100 Rds. in each case, which shall 
 be proved by competent Witnesses before the said 
 Court. 
 
 And that no Person may plead ignorance hereof, 
 this shall be published and affixed in the usual man- 
 ner. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of Good 
 Hope, this 23d day of May 1823. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 
 (Signed) C. Bird, Secretary.
 
 245 
 
 Government Advertisement. 
 
 His Excellency the Governor and Commander in Chief 
 has been pleased to direct the following Order of His 
 Majesty in Council to be made public, for general 
 information. 
 Cape of Good Hope, 20th February 1824. 
 
 By Command of His Excellency the Governor, 
 (Signed) C. Bird, Secretary. 
 
 At the Court, at Windsor, the \$th September 1830, 
 present, the KING'S Most Excellent Majesty in 
 Council. 
 
 WHEREAS His Majesty was pleased, by His Order in 
 Council bearing date the 24th day of September, 1814, 
 to establish certain Regulations therein set forth, touch- 
 ing the Trade and Commerce to and from the Settle- 
 ment of the Cape of Good Hope, and the Territories 
 and Dependencies thereof; and whereas His Majesty 
 was pleased by the said Order, amongst other things, 
 to direct, that Goods, Wares, or Merchandize, the 
 growth, produce, or manufacture of the Countries to 
 the Eastward of the Cape of Good Hope, legally im- 
 ported into the said Settlement, or into the Territories 
 or Dependencies thereof, might be exported from the 
 said Settlement, or the Territories or Dependencies 
 thereof, to the Ports of the United Kingdom, subject 
 to the Rules and Regulations contained in an Act passed 
 in the fifty-third Year of His late Majesty's Reign, en- 
 tituled " An Act for continuing in the East India Com- 
 pany, for a further term, the Possession of the British 
 Territories in India, together with certain exclusive 
 Privileges ; for establishing further Regulations for the 
 Government of the said Territories, and the better 
 Administration of Justice within the same ; and for 
 regulating the Trade to and from the Places within the 
 Limits of the said Company's Charter," or to any Ports 
 
 or Places to which a Trade in such Articles was per- 
 
 x2
 
 246 
 
 mitted to be carried on from the said Settlement, or the 
 Territories or Dependencies thereof, under the Provi- 
 sions of an Act passed in the fifty-fourth Year of His 
 late Majesty's Reign, entituled " An Act for the further 
 Regulation of the Trade to and from the Places within 
 the Limits of the Charter of the East India Company,'' 
 and subject to the Rules and Regulations in the said 
 Act contained ; provided, however, that nothing in 
 that Order contained should extend, or be construed 
 to extend, to permit any Vessel, under the burthen of 
 three hundred and fifty tons to export from the said 
 Settlement, or the Territories or Dependencies thereof, 
 to the Ports of the United Kingdom, any Articles the 
 growth, produce, or manufacture of any Countries si- 
 tuated within the limits of the East India Company's 
 Charter: And whereas by an Act passed in the last 
 Session of Parliament, entituled "An Act to consolidate 
 and amend the several Laws now in force with respect 
 to Trade to and from Places within the Limits of the 
 Charter of the East India Company, and to make further 
 Provisions with respect to such Trade: and to amend an 
 Act of the present Session of Parliament, for the Regis- 
 tering of Vessels, so far as it relates toVessels registered 
 in India," so much of the said Act of the fifty-third 
 Year of His said late Majesty's Reign, as authorises 
 His Majesty's Subjects to carry on Trade and Traffic 
 to and from the Ports and Places within the Limits of 
 the said Company's Charter, with all the Provisions, 
 Restrictions, and Limitations in the same Act contained, 
 for the regulation of such Trade, and for the disposition 
 in the United Kingdom of all Articles manufactured of 
 Silk, Hair, or Cotton- wool, or any mixture thereof, 
 imported under the authority of the said last Act, from 
 any Port or Place within the Limits of the said Com- 
 pany's Charter ; and the whole of the said Act passed 
 in the fifty-fourth Year of the Reign of His late Majes- 
 ty, together with certain t)ther Acts passed in the fifty-
 
 24T 
 
 fifth, fifty-seventh, and fifty-ninth Years of His said 
 late Majesty's Reign, and an Act passed in the second 
 Year of the Reign of His present Majesty, all which 
 Acts relate to Trade to, from, or between Ports and 
 Places within the Limits of the Charter of the East 
 India Company, have been repealed: His Majesty is 
 pleased, in virtue of the power vested in His Majesty 
 by several Acts passed in the forty-seventh and forty- 
 ninth Years of his late Majesty's Reign, and in the 
 first Year of His present Majesty's Reign, and by and 
 with the advice of His Privy Council, to order, and it 
 is hereby ordered, that so much of the said Order in 
 Council, bearing date the 24th day of September, 1814, 
 as relates to the Tonnage of Vessels importing from the 
 said Settlement of the Cape of Good Hope, its Territo- 
 ries and Dependencies, to the Ports of the United 
 Kingdom, Goods, Wares, and Merchandize, the 
 growth, produce, or manufacture of Countries to the 
 Eastward of the said Settlement; and also so much of 
 the said Order as subjects the exportation of such 
 Goods, Wares, and Merchandize to the Provisions of 
 said Acts of the fifty- third and fifty-fourth Years of His 
 late Majesty's Reign, be, and the same are, hereby 
 revoked: And His Majesty is hereby further pleased 
 to order, that such Goods, Wares, and Merchandize 
 so exported, shall be subject to the Provisions of the 
 said Act of the last Session of Parliament, so far as the 
 same are applicable thereto, in like manner, as if such 
 Goods, Wares, and Merchandize had been exported 
 from any port or Place within the Limits of the Charter 
 of the East India Company. 
 
 And the Rio-ht Honourable the Lords Commissioners 
 
 O 
 
 of His Majesty's Treasury, and the Lords Commissioners 
 of the Admiralty, are to give the necessary directions 
 herein, as to them may respectively appertain. 
 
 C. C. Greville.
 
 248 
 
 Proclamation (*) by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, 8fc. Sfc. 
 WHEREAS the Worshipful the Court of Justice has re- 
 presented to me the heavy Expenses attendant on the 
 Prosecution of Debtors for small Sums, before the 
 Court for Petty Law Cases, which Expenses are con- 
 siderably increased by the Stamps on which the Docu- 
 ments required from the commencement to the termi- 
 nation of a Suit are by Law directed to be written, so 
 that the Costs in some Cases frequently exceed the 
 Amount of the Debt sued for ; and whereas it has fur- 
 ther been represented to me, that the practice before 
 the Worshipful the Court cf Justice of using a Stamp 
 of two skillings only, for covering all Documents, 
 without exception, filed in Court, is disproportionate 
 as far as regards private Bonds for the payment of a 
 certain Sum of Money, I have therefore judged it 
 expedient to revise and amend the Tariff of Stamp Du- 
 ties at present in use in this Settlement, and by virtue 
 of the power and authority in me vested, to direct and 
 order, and it is hereby so ordered, that Stamps accord- 
 ing to the annexed Schedule be in future used in all 
 circumstances to which the Schedule aforesaid applies, 
 of which Regulation the Worshipful the Court of Jus- 
 tice, and all other Public Bodies and Individuals, are 
 hereby required to take Notice, as the same will be 
 enforced according to the existing Laws. 
 
 Tariff of Stamp Duties, in the Colony of the Cape of 
 
 Good Hope. 
 ARTICLE 1. Transfers passed at the Secretary's Office. 
 
 Rds. Sts. 
 
 From 1 to 300 Guilders 6 
 
 300 750 24 
 
 750 1500 10 
 
 (') Vide infra Proclamation, 10th Dec. 1824.
 
 249 
 
 Rds. Sta. 
 
 1500 3000 2 
 
 3000 7500 4 
 
 7500 12000 8 
 
 12000 15000 10 
 
 15000 20000 15 
 
 20000 30000 20 
 
 30000 50000 30 
 
 50000 75000 40 
 
 75000 100000 50 
 
 upwards 60 
 
 ART. 2. Transfers of Loan Places. 
 
 From 1 to 3000 Guilders 36 
 
 3000 7500 1 24 
 
 7500 15000 3 
 
 15000 30000 6 
 
 30000 and upwards 10 
 
 ART. 3. Mortgages passed at the Secretary's Office, 
 
 Government Bank, and Orphan Chamber. 
 
 From 1 to 300 Guilders 12 
 
 300 750 1 
 
 750 1500 20 
 
 1500 3000 3 
 
 3000 7500 6 
 
 7500 15000 12 
 
 15000 30000 20 
 
 30000 and upwards 30 
 
 Deeds of Prolongation in the Government Bank, 5 
 
 Ditto on Short Loans, 1 24 
 
 Receipts for Interest by ditto, 6 
 Bills or Promissory Notes drawn in favour of, or 
 endorsed to, the Bank, to be written on or 
 covered with the following Stamps : 
 
 From 1 to 500 Rix-dollars, 24 
 
 500 1000 1 
 
 1000 2000 1 24 
 
 2000 3000 2 
 
 3000 4000 3 
 
 4000 and upwards t 4 
 
 ART. 4. Bonds passed before Notaries. 
 
 From 1 to 100 Rds. 6 
 
 100 250 24 
 
 250 500 1 
 
 500 1000 1 24
 
 250 
 
 Rds. Sts. 
 
 1000 2500 3 
 
 2500 5000 6 
 
 5000 10000 12 
 
 10000 and upwards, 20 
 
 Securities for Bonds, 1 
 
 ART. 5. Wills, and all other Deeds which are relative 
 to the same, or arise from it. 
 
 Wills and Codicils. 
 
 A. When the Testator values his Estate less than 
 
 6000 Guilders, 1 o 
 
 But when he possesses more than /6000, but 
 
 less than /50000, 15 
 
 And possessing more than /50000, 20 
 
 B. Codicil, or alteration of a Will according to 
 
 the Clause Reservatoir, 1 
 
 C. Repudiation of Inheritance and Deeds of 
 
 Consideration, 24 
 
 D. Deeds of Donation, inter vivos, and causamortis, 
 
 When the value is under 1000 Guilders, 1 
 
 From 1000 to 2500 2 
 
 2500 5000 5 
 
 5000 10000 12 
 
 10000 20000 25 
 
 20000 50000 50 
 
 50000 and upwards, 100 
 
 E. Inventories of Estates, without the valuation 
 
 of the same, and all other Inventories 
 when calculated at less than 25000 Guil- 
 ders, first sheet, 1 
 Each subsequent sheet, 6 
 When calculated at /25000 or more, first sheet, 2 
 Each subsequent sheet, 12 
 
 F. Inventories of Estates, with the valuation, 
 
 From 1 to 500 Rds. 12 
 
 500 1000 24 
 
 1000 2500 1 
 
 2500 5000 2 
 
 5000 10000 4 
 
 10000 and upwards 8 
 
 Each subsequent sheet, 12 
 
 G. All Accounts of the Orphan Chamber, Tutors 
 
 and Guardians, and also all other Accounts 
 by which any common Administration, 
 Receipt, and Expenditure shall be ac-
 
 400 to 
 
 1000 
 
 1000 
 
 2000 
 
 2000 
 
 3000 
 
 3000 
 
 5000 
 
 5000 
 
 10000 
 
 10000 
 
 15000 
 
 15000 
 
 20000 
 
 20000 
 
 30000 
 
 30000 
 
 40000 
 
 40000 
 
 50000 
 
 50000 
 
 75000 
 
 75000 
 
 100000 
 
 100000 
 
 150000 
 
 251 
 
 Rds. Sts. 
 
 counted for and settled, except such Ac- 
 counts as respect any Insolvent Estate, 
 for which indiscriminately only a Stamp 
 of Twelve Stivers is required, are to be 
 written on the following Stamps : 
 When the Receipt and Expenditure jointly 
 amount to more than 100 Rds. and are 
 
 under 400 12 
 
 From 400 to 1000 24 
 
 1 
 
 3 
 
 4 
 7, 
 
 15 
 
 20 
 
 30 
 
 40 
 
 50 
 
 75 
 
 100 
 
 150 
 
 150000 and upwards 200 
 H. Deeds for securing the portion of Children 
 from former Marriages, 
 
 From 1 to 500 Rds. 12 
 
 500 1000 24 
 
 1000 2500 I 
 
 2500 5000 2 
 
 50CO 10000 4 
 
 10000 and upwards, 8 
 I. Deeds of Discharge for the receipt of the Por- 
 tions of those who are instituted Heirs, 
 
 From 1 to 500 Rds. 24 
 500 1000 10 
 
 1000 2500 2 
 
 2500 5000 4 
 
 5000 10000 8 
 
 10000 20000 20 
 
 20000 30000 30 
 
 30000 and upwards, 50 
 K. Pre-Contracts of Marriage, when the sum 
 agreed upon does not amount to more 
 
 than 1000 Rds. 3 
 
 From 1000 to 5000 Rds. 6 
 
 5000 10000 20 
 
 10000 and upwards 500
 
 252 
 
 ART. 6. Deeds and other Papers connected with the 
 
 Government Secretary's Office, with the Court of 
 
 Justice, or other Inferior Courts. 
 
 Rds. Sts. 
 
 Memorials 
 
 
 
 24 
 
 Translations 
 
 
 
 12 
 
 Loan Leases 
 
 5 
 
 
 
 Grants of Land in Freehold, under 10 Morgen 
 
 25 
 
 
 
 From 10 to 30 
 
 50 
 
 
 
 30 60 
 
 100 
 
 
 
 Grants of Land on Quitrent, 
 
 
 
 From 1 to 10 Morgen 
 
 10 
 
 
 
 10 30 
 
 15 
 
 
 
 30 50 
 
 20 
 
 
 
 50 60 
 
 25 
 
 
 
 60 80 
 
 30 
 
 
 
 80 100 
 
 40 
 
 
 
 100 and upwards 
 
 50 
 
 
 
 Receipts of Rent payable on Land granted on 
 
 
 
 Perpetual Quitrent. 
 
 
 
 From 1 to 10 Morgen 
 
 
 
 12 
 
 10 30 
 
 
 
 18 
 
 30 50 
 
 
 
 24 
 
 50 60 
 
 
 
 30 
 
 60 80 
 
 
 
 36 
 
 80 100 
 
 1 
 
 
 
 100 500 
 
 1 
 
 24 
 
 500 1000 
 
 2 
 
 24 
 
 1000 2000 
 
 4 
 
 
 
 2000 and upwards 
 Original Sentences, first sheet 
 
 5 
 
 2 
 
 
 
 
 
 Copies of ditto 
 
 
 
 12 
 
 Citations, Sommations, Renovations, and Insinu- 
 ations 24 
 Reports 24 
 Hand-Bills '24 
 All Demands, Petitions, &c. that are presented 
 
 to the Court of Justice 1 
 
 All Copies or Extracts 24 
 
 Arrests on Persons or Property 1 
 
 Deeds of Venia jEtatis 50 
 
 A Memorial for Venia Agendi 3 
 
 Reply to the same 12 
 For every subsequent sheet of the said Deeds and 
 Papers, a Stamp of half the value of the first
 
 253 
 
 sheet to be made use of, which first sheet must 
 be written as usual on the Stamps ordered by 
 the old Tariff, each page to contain not more 
 than eighteen Lines, each Line thirty Letters. 
 
 Acceptances, Promissory Notes, or private Bonds, 
 filed or exhibited in the Court of Justice, for 
 the sake of recovery, to be covered with a | 
 Stamp of half the value of that directed to be 
 used for Bonds executed before a Notary Public 
 in like proportion to their amount. 
 
 Insinuations, Interpellations, Citations, Sentences 
 of the several Courts for Petty Law Cases, and 
 Sommations and Renovations on the same, in 
 all Cases not exceeding One Hundred Rix- 
 dollars, exclusive of Interest and Costs to be 
 written on a Stamp of only half the value re- 
 quired in Cases amounting to more than One 
 Hundred Rix-dollars. 
 
 ART. 7- Agreements and all other Deeds relative thereto. 
 
 Rds. Sts, 
 
 A. Contracts between the Inhabitants of the Colony, 
 
 relative to hiring of Houses and Lands 1 
 
 B. Hiring of Slaves, also Contracts for Building, 
 
 or for supplying Victuals, for making Imple- 
 ments, &c- 24 
 
 C. Contract entered into with Strangers, respect- 
 
 ing the supply of Merchandise or of Colonial 
 Produce 1 
 
 D. Charter Parties for a Ship under 200 Tons or 
 
 100 Lasts 10 
 
 For Ships above 200 Tons or 100 Lasts 20 
 
 E. Bills of Lading from 1 to 10 Tons 5 
 
 10 to 20 10 
 
 20 to 50 20 
 
 50 and upwards 30 
 
 F. Bottomry Bonds, 
 
 From 1 to 500 Rds. 1 
 
 500 1000 2 
 
 1000 2000 4 
 
 2000 3000 8 
 
 5000 10000 16 
 
 10000 20000 40 
 
 20000 and upwards 60 
 
 y
 
 254 
 
 ART. 8. Vendue Notes or Vendue Accounts, including all 
 other Documents relative to Public Sales. 
 
 Rds. Sts. 
 
 A. From 5 to 10 06 
 
 10 25 12 
 
 25 50 24 
 
 50 75 36 
 
 75 100 1 
 
 100 150 1 24 
 
 150 200 2 
 
 200 275 2 24 
 
 275 350 3 
 
 350 500 5 
 
 500 700 6 
 
 700 1000 70 
 
 1000 1500 80 
 
 1500 2000 9 
 
 2000 3000 12 
 
 3000 4000 15 
 
 4000 5000 18 
 
 5000 and upwards 20 
 
 B. Advertisements respecting Public Sales, 24 
 
 C. Vendue Lists or immoveable and moveable Pro- 
 
 perty, 24 
 
 D. Copies of Vendue Lists or Extracts out of the 
 
 same first sheet. 24 
 
 Each subsequent sheet, 6 
 
 E. Agreements of Sale of immoveable Property, 2 
 
 ART. 9. Privileges and Licences. 
 
 A. Licences for the Vendue Masters, annually 150 
 
 B. Butchers, ditto, 50 
 
 C. Bakers, ditto, 50 
 
 D. Wine Merchants in Cape Town, 
 
 ditto, 250 
 
 E. do. in the Country Districts, do. 50 
 
 F. Licences for the Inhabitants of Constantia, Wyn- 
 
 bergen, and Steenbergen, for grazing their 
 
 Cattle, do. 10 
 
 G. Carriers of Firewood, do. 10 
 
 H. To cut Timber, for each Load, 02 1 
 
 I. For Waggons, 6 
 
 K. . Boatmen, annually, 1 
 
 L. Clubs and Societies, ditto, 50 
 
 M. Each Public Billiard Table, do. 100
 
 255 
 
 Rds. Sts. 
 
 N. Licences for Each Tent at the Wharf, ditto, 1 
 
 O. To go to the Hot Baths, 24 
 
 P. Permission to remain in the Colony, 5 
 
 Q. leave the Colony, 1 
 
 R. Letters of Burgership, 250 
 S. Special Licence to be united in Marriage, 
 
 without publication of Bans, 200 
 
 T. Adoptions, 1 
 U. Licence for keeping a Retail Shop in Cape 
 
 Town, annually, 20 
 
 V. for Pedlars and Hawkers, ditto, 20 
 
 W. for retailing Foreign Wines and Beer, 
 
 do. 200 
 
 X. for the Wholesale Foreign Brandies, 
 
 and other Foreign Spirituous Liquors, do. 200 
 
 Y. for brewing Cape Beer, do. 600 
 
 Z. for retailing Cape Beer, do. 25 
 
 AA. for retailing Colonial Produce, ditto, 5 
 
 BB. for killing Game, ditto, 5 
 
 ART. 10. Powers of Attorney. 
 
 A. A general Power of Attorney, to Persons not 
 
 residing in the Colony, 10 
 
 B. A special Power of Attorney, to Persons not 
 
 residing in the Colony, when the object 
 admits of pecuniary valuation, if less than 
 1000 Rds. 1 
 
 If more than 1000 Rds. 2 
 
 C. A general Power of Attorney, to Persons with- 
 
 in the Colony, 3 
 
 D. A special Power of Attorney on ditto, 24 
 
 E. Further, all Deeds of Substitution, Assump- 
 
 tion, Surrogation, &c. 1 
 
 ART. 11 Protests. 
 
 A. Protests of Bills of Exchange, Drafts, of 
 
 Promises, 2 
 
 B. Sea Protests, 6 
 
 C. Affidavits, 1 
 
 D. Affidavits to be acted upon without the Colony, 1 
 
 ART. 12. Transfers. 
 
 A. Transfer of Mortgage Bonds, &c. not amount- 
 
 ing to more than 5000 Rds, 1 
 
 5000 Rds. and upwards, 2 
 
 B. Transfers of Moveables, 1
 
 256 
 
 JRds. St*. 
 
 C. Transfers of Slaves by Gift, Sale, or Inherit- 
 
 ance. 5 
 
 D. Manumission, 5 
 
 E. Certificate of Mortgage of one Slave. 2 
 
 F. For each subsequent Slave included in the 
 
 same Certificate. 1 
 
 G. Extracts from the Registers of Slaves, 1 
 
 ART. 13. Civil Servants. 
 
 A. The Deeds of their Appointment or Promotion, 
 
 when their Salaries amount to no more 
 
 than 600 Rds. 1 
 
 From 600 to 1200 3 
 
 1200 2400 10 
 
 2400 6000 20 
 
 6000 and upwards, 40 
 
 B. Admission of Notaries, 100 
 
 Ditto of Attorneys, 100 
 
 ART. 14. Court of Appeals. 
 
 For the Bond Stamp, 2 
 
 Memorial 1 
 
 Cases, the first sheet, 1 
 
 Every subsequent one, 24 
 
 Exhibits, 24 
 
 The Sentences 10 
 
 The Orders of Reference, 12 
 
 Orders of Court, 6 
 
 Reports, first sheet, 24 
 
 Every subsequent one, 12 
 
 The like Stamps are to be used by the Secretary of the 
 
 Court , in all Copies. 
 
 ART. 15. Admiralty Court. 
 
 Affidavits, 24 
 
 Claims, 24 
 
 Examinations in preparatory on the first sheet, 1 
 
 Every other and each Witness, 12 
 
 Decree of Unlivery, 24 
 
 of Appaisement and Sale, 1 
 
 of Removal, 12 
 
 Deeds of Inspection, 12 
 
 of Restitution, 2 
 
 of Delivery, 24 
 
 of Condemnation, 2 
 
 for Answers, 24
 
 257 
 
 Rds. Sts. 
 
 Allegation, first sheet, 24 
 
 Every subsequent sheet, 12 
 
 Answers, 12 
 
 Minutes of Court, 12 
 
 P apers extracted, per extract, 1.2 
 
 C opies, per sheet, 12 
 
 L etters of Marque, 100 
 
 And that no Person may plead ignorance hereof, this 
 shall be published and affixed in the usual manner. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 30th day of April 1824. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 
 (Signed) C. Bird, Secretary. 
 
 Government Advertisement. 
 
 IT having been represented to His Excellency the Go- 
 vernor, that the Regulations enacted by the Govern- 
 ment Advertisement of the 13th September, ISOG^ 1 ) 
 for the keeping in Repair the High Roads in this Colo- 
 ny, have not only proved insufficient, but that seri- 
 ous inconvenience has arisen to such of the Inhabitants 
 who, having been called upon to furnish Labourers for 
 that purpose, did comply with the Requisitions of the 
 Overseers of the Roads, in consequence of others dis- 
 obeying the lawful Requisitions made on them, so 
 that the well-disposed Inhabitants have been deprived 
 of the Services of their Domestics for a longer period 
 than would have been the case had such Persons given 
 due assistance: Notice is hereby given, that in order 
 to obviate the inconvenience complained of, His Excel- 
 lency has been pleased to direct, that in the event of 
 
 () Vide supra p. 19. 
 Y 2
 
 the Inhabitants neglecting to supply the number of 
 Hands, or sending People and Tools not applicable to 
 the Repair of the Roads, it shall be lawful for the 
 Landdrost, the Heemraad charged with this duty, or 
 the Field-Cornet in whose Division the Repairs are 
 going on, on a representation thereof being made to 
 either of them by the Overseer, to hire Labourers, and 
 purchase Implements, in cases where they shall not be 
 furnished, or to replace such as shall be rejected, with 
 power to the respective Boards of Landdrost and Heem- 
 raden to recover by parata executio, after a regular 
 summary hearing of the Party offending, the Expenses 
 so incurred, over and above the Penalty of Fifty Rix- 
 dollars directed to be levied by the Advertisement 
 above alluded to. 
 
 As in the Advertisement referred to, mention is made 
 of Slaves only, His Excellency is further pleased to 
 notify, that Labourers of any Class in the service of 
 Inhabitants, are competent to be employed in the Re- 
 pair of the Roads. 
 
 Cape of Good Hope, 6th August, 1824. 
 
 Bj Command of His Excellency the Governor, 
 (Signed) P. G. Brink, Acting Secretary. 
 
 Proclamation, by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, Sfc. fyc. 
 WHEREAS it has been represented to me, that some 
 trifling Errors had been made in the Printed Tariff of 
 Stamp Duties published in my Proclamation unde r 
 date 30th April last, ( x ) I have judged it expedient to 
 revise and correct the same, and it is now republished 
 herewith; and I do hereby order and direct, that from 
 the date of the publication of this Proclamation, the 
 several Stamps, as fixed in the annexed amended Sche- 
 
 (') Fide supra p. 248.
 
 259 
 
 dule, be used on all Deeds and Acts therein-mentioned, 
 and to which the Stamps are made respectively to ap- 
 ply. 
 
 Tariff of Stamp Duties, in the Colony of the Cape 
 of Good Hope. 
 
 ARTICLE 1. Transfers passed at the Secretary's Office. 
 
 From 
 
 
 
 Eds. 
 
 Sts. 
 
 1 to 
 
 300 Guilders 
 
 
 
 6 
 
 300 
 
 750 
 
 
 
 24 
 
 750 
 
 1500 
 
 1 
 
 
 
 1500 
 
 3000 
 
 2 
 
 
 
 3000 
 
 7500 
 
 4 
 
 
 
 7500 
 
 12000 
 
 8 
 
 
 
 12000 
 
 15000 
 
 10 
 
 
 
 15000 
 
 20000 
 
 15 
 
 
 
 20000 
 
 30000 
 
 20 
 
 
 
 30000 
 
 50000 
 
 30 
 
 
 
 50000 
 
 75000 
 
 40 
 
 
 
 75000 
 
 100000 
 
 50 
 
 
 
 upwards 
 
 
 60 
 
 
 
 ART. 2. Transfers of Loan Places. 
 
 From 1 to 3000 Guilders 36 
 
 3000 7500 1 24 
 
 7500 16000 3 
 
 15000 30000 6 
 
 30000 and upwards 10 
 
 ART.. 3. Mortgages passed at the Secretary's Office, 
 
 Government Bank and Orphan Camber. 
 
 From 1 to 300 Guilders 12 
 
 300 750 1 
 
 750 1500 20 
 
 1500 3000 3 
 
 3000 7500 6 
 
 7500 15000 12 
 
 15000 30000 20 
 
 30000 and upwards 30 
 
 Deeds of Prolongation in the Government Bank, 5 
 
 Ditto on Short Loans, 1 24 
 
 Receipts for Interest by ditto, 6
 
 260 
 
 Rds. Sts. 
 
 Bills or Promissory Notes Drawn in favour of, or en- 
 dorsed to, the Bank, to be written on or covered 
 with the following Stamps : 
 
 From 1 to 500 Rix-dollars, 24 
 500 JOOO 10 
 
 1000 2000 1 24 
 
 2000 3000 2 
 
 3000 4000 3 
 
 4000 and upwards, 4 
 
 ART. 4. Bonds passed before Notaries. ' 
 
 From 1 to 100 Rds. 6 
 
 100 250 24 
 
 250 500 1 
 
 500 1000 1 24 
 
 1000 2500 3 
 
 2500 5000 6 
 
 5000 10000 12 
 
 10000 and upwards, 20 
 
 Securities for Bonds, 1 
 
 ART. 5. Wills, and all other Deeds which are relative 
 to the same, or arise from it. 
 
 Wills and Codicils. 
 
 A. When the Testator values his Estate less than 
 
 6000 Guiders, 1 
 
 But when more than /6000, but less than /50000, 1 5 
 
 And possessing more than ysOOOO, 20 
 
 B. Codicil, or alteration of a Will according to 
 
 the Clause Reservatoir, 1 
 
 C. Repudiation of Inheritance and Deeds of Con- 
 
 sideration, 24 
 
 D. Deeds of Donation, inter vivos, causa mortis, 
 
 When the value is under 1000 Guilders, 1 
 
 From 1000 to 2500 2 
 
 2500 5000 5 () 
 
 5000 10000 12 
 
 10000 20000 25 
 
 20000 50000 50 
 
 50000 and upwards, 100 
 
 E. Inventories of Estates, without the valuation 
 
 of the same, and all other Inventories, 
 when calculaded at less than 25000 
 
 Guilders, first sheet, 1 
 
 Each subsequent sheet, 6
 
 261 
 
 Rds. Sts. 
 
 When calculated at /25000 or more, first 
 
 sheet, 2 
 
 Each subsequent sheet, 12 
 
 F. Inventories of Estates, with the valuation, 
 
 From 1 to 600 Rds. 12 
 
 500 1000 24 
 
 1000 2500 1 
 
 2500 5000 2 
 
 5000 10000 4 
 
 10000 and upwards, 8 
 
 Each subsequent sheet, 12 
 
 G. All Accounts of the Orphan Chamber, Tu- 
 
 tors, and Guardians, and also all other 
 Accounts by which any common Adminis- 
 tration, Receipt, and Expenditure shall 
 be accounted for and settled, except such 
 Accounts as respect any Insolvent Estate, 
 for which indiscriminately only a Stamp 
 of Twelve Stivers is required, are to be 
 written on the following Stamps : 
 When the Receipt and Expenditure jointly 
 amount to more than 100 Rds. and are 
 under 400, 12 
 
 From 400 to 1000 24 
 
 1000 2000 1 
 
 2000 3000 3 
 
 3000 5000 4 
 
 5000 10000 7 
 
 10000 15000 15 
 
 15000 20000 20 
 
 20000 30000 30 
 
 30000 40000 40 
 
 40000 50000 50 
 
 50000 75000 75 
 
 75000 100000 100 
 
 100000 150000 150 
 
 150000 and upwards 200 
 
 II . Deeds for securing the portion of Children 
 from former Marriages, 
 
 From 1 to 500 Rds. 12 
 
 500 1000 24 
 
 1000 2500 1 
 
 2500 5000 2 
 
 5000 10000 4 
 
 10000 and upwards, 8
 
 262 
 
 Rds. Sts. 
 
 I. Deeds of Discharge for the receipt of the Por- 
 tions of those who are instituted Heirs. 
 
 From 1 to 500 Rds. 24 
 
 500 1000 1 
 
 1000 2500 2 
 
 2500 5000 4 
 
 5000 10000 8 
 
 10000 20000 20 
 
 20000 30000 30 
 
 30000 and upwards, 50 
 
 K. Pre-Contracts of Marriage, when the sum 
 
 agreed upon does not amount to more than 
 
 1000 Rds. 3 
 
 From 1000 to 5000 Rds. 6 
 
 5000 10000 20 
 
 10000 and upwards, 50 
 
 ART. 6. Deeds and other Papers connected with the Go- 
 vernment Secretary's Office, with the Court 
 
 of Justice, or other Inferior Courts. 
 
 Memorials 24 
 
 Translations 12 
 
 Loan Leases 5 
 
 Grants of Land in Freehold, under 10 Morgen, 25 
 
 From 10 to 30 50 
 
 30 60 100 
 Grants of Land on Quitrent, 
 
 From 1 to 10 Morgen, 10 
 
 10 30 15 
 
 SO 50 20 
 
 50 60 25 
 
 60 80 30 
 
 80 100 40 
 
 100 and upwards, 50 
 
 Receipts of Rent payable on Land granted on 
 Perpetual Quitrent. 
 
 From 1 to 10 Morgen, 12 
 
 10 30 18 
 
 30 50 24 
 
 50 60 30 
 
 60 80 36 
 
 80 100 1 
 
 100 500 1 24 
 
 500 1000 2 24 
 
 JOOO 2000 4 
 
 '2000 and upwards, 5
 
 263 
 
 Rds. Sin 
 
 Original Sentences, first sheet, 2 
 
 Copies of ditto, 24 
 
 Citations, Sommations, Renovations, and Insinu- 
 ations, 24 
 Reports, 24 
 Hand-Bills, 24 
 All Demands, Petitions, &c. that are presented 
 
 to the Court of Justice, 1 
 
 All Copies or Extracts, 24 
 
 Arrests on Persons or Property, 1 
 
 Deeds of Venia Starts, 50 
 
 A memorial for Venia Agendi, 3 
 
 Reply to the same, 12 
 
 For every subsequent sheet of the said Deeds and 
 Papers, a Stamp of half the value of the 
 first sheet to be made use of, which first 
 sheet must be written as usual on the 
 Stamps ordered by the old Tariff, each 
 Page to contain not more than eighteen 
 Lines, each Line thirty Letters. 
 Acceptances, Promissory Notes, or private 
 Bonds, filed or exhibited in the Court of 
 Justice, for the sake of recovery, to be 
 covered with a Stamp of half the value 
 of that directed to be used for Bonds ex- 
 ecuted before a Notary Public, in like 
 proportion to their amount. 
 Insinuations, Interpellations, Citations, Senten- 
 ces of the several Courts for Petty Law 
 Cases, and Sommations and Renovations 
 on the same, in all Cases not exceeding 
 One Hundred Rix-dollars, exclusive of 
 Interest and Costs, to be written on a 
 Stamp of only half the value required 
 in Cases amounting to more than One 
 Hundred Rix-dollars. 
 
 ART. 1. Agreements and all other Deeds relative thereto. 
 
 A. Contracts between the Inhabitants of the Colony 
 
 relative to hiring of Houses and Lands 1 
 
 B. Hiring of Slaves, also Contracts for Building, 
 
 or for supplying Victuals, for making Im- 
 plements, &c. 24 
 
 C. Contract entered into with Strangers, respect- 
 
 ing the supply of Merchandise or of Colo- 
 nial Produce 1
 
 264 
 
 Rds. Sts. 
 
 D. Charter Parties for a Ship under 200 Tons or 
 
 100 Lasts 10 
 
 For Ships above 200 Tons or 100 Lasts 20 
 
 E. Bills of Lading from 1 to 10 Tons 5 
 
 10 20 10 
 
 20 50 20 
 
 50 and upwards 30 
 
 F. Bottomry Bonds, 
 
 From 1 to 500 Rds. 1 
 
 500 1000 2 
 
 1000 2000 4 
 
 2000 5000 8 
 
 6000 10000 16 
 
 10000 20000 40 
 
 20000 and upwards 60 
 
 ART. 8. Vendue Notes, or Vendue Accounts, including 
 all other Documents relative to Public Sales. 
 
 A. From 
 
 5 
 
 to 10 Rds. 
 
 
 
 6 
 
 10 
 
 25 
 
 
 
 12 
 
 25 
 
 50 
 
 
 
 24 
 
 50 
 
 75 
 
 
 
 36 
 
 75 
 
 100 
 
 1 
 
 
 
 100 
 
 150 
 
 1 
 
 24 
 
 150 
 
 200 
 
 2 
 
 
 
 200 
 
 275 
 
 2 
 
 24 
 
 275 
 
 350 
 
 3 
 
 
 
 350 
 
 500 
 
 5 
 
 
 
 500 
 
 700 
 
 6 
 
 
 
 700 
 
 1000 
 
 7 
 
 
 
 1000 
 
 1500 
 
 8 
 
 
 
 1500 
 
 2000 
 
 9 
 
 
 
 2000 
 
 3000 
 
 12 
 
 
 
 3000 
 
 4000 
 
 15 
 
 
 
 4000 
 
 5000 
 
 18 
 
 
 
 5000 
 
 and upwards 
 
 20 
 
 
 
 5 respc 
 
 scting Public Sales. 
 
 
 
 24 
 
 C. Vendue Lists of immoveable and moveable 
 
 Property, 24 
 
 D. Copies of Vendue Lists or Extracts out of the 
 
 same, first sheet, 24 
 
 Each subsequent sheet, 6 
 
 E. Agreements of Sale of immoveable Property, 2
 
 265 
 
 ART. 9. Privileges and Licences. 
 
 Rds. St$. 
 
 A. Licences for the Vendue Masters, annually, 150 
 
 B Butchers, ditto, 50 
 
 C. Bakers, diito, 50 
 
 D. Wine Merchants in Cape 
 
 Town, do. 250 
 
 do. in the Country Districts, do. 50 
 
 Inhabitants of Constantia, 
 
 Wynbergen, and Steenber- 
 gen, for grazing their Cat- 
 tle, do. 10 
 
 G. Carriers of Firewood, ditto, 10 
 
 H. To cut Timber, for each Load, 24 
 
 For Wagons, 6 
 
 K. Boatmen, annually, 1 
 
 L. Clubs and Societies, ditto, 50 
 
 M. Each Public Billiard Table, do. 100 
 
 N. Each Tent at the Wharf, do. 1 . 
 
 O. To go to the Hot Baths, 24 
 
 P. Permissions to remain in the Colony, 5 *0 
 
 Q. leave the Colony. 1 
 
 R. Letters of Burghership, 250 
 S. Special Licence to be united in Marriage, without 
 
 publication of Banns, 200 
 
 T. Adoptions, 1 
 U. Licence for keeping a Retail Shop in Cape 
 
 Town, annually, 20 
 
 V. for Pedlars and Hawkers, ditto, 20 
 
 W. for retailing Foreign Wines and 
 
 Beer, ditto, 200 
 
 X. for the Wholesale Foreign Brandies, 
 
 and other Foreign Spirituous Liquors, do. 200 
 
 Y. for brewing Cape Beer, do. 600 
 
 Z. for retailing Cape Beer, do. 25 
 
 AA. for retailing Colonial Produce, do. 5 
 
 .CB. for killing Game, do. 50 
 
 AIIT. 10. Powers of Attorney. 
 
 A. A general Power o Attorney, to Persons not 
 
 residing in the Colony, 10 
 
 B. A special Power of Attorney, to Persons not 
 
 residing in the Colony, when the object 
 admits of pecuniary valuation, if less than 
 
 1000 Rds. 1 
 
 If more than 1000 Rds. 2
 
 266 
 
 Rds. Sts: 
 
 C. A general Power of Attorney, to Persons 
 
 within the Colony, 3 
 
 D. A special Power of Attorney on do. 24 
 
 E. Further, all Deeds of Substitution, Assump- 
 
 tion, Surrogation, &c. 1 
 
 ART. 11. Protests. 
 
 A. Protests of Bills of Exchange, Drafts, or Pro- 
 
 mises, 2 
 
 B. Sea Protests, 6 
 
 C. Affidavits, 1 
 
 D. Affidavits to be acted upon without the Colony, 1 
 
 ART. 12. Transfers. 
 
 A. Transfer of Mortgage Bonds, &c not amount- 
 
 ing to more than 5000 Rds. 1 
 
 5000 Rds. and upwards 2 
 
 B. Transfers of Moveables, 1 
 
 C. Transfers of Slaves by Gift, Sale or Inherit- 
 
 ance, 5 
 
 D. Certificate of Mortgage of one Slave, 2 
 
 E. For each subsequent Slave included in the 
 
 same Certificate, 1 
 
 F. Extracts from the Registers of Slaves, 1 
 
 ART. 13. Civil Servants. 
 
 A. The Deeds of their Appointment or Promotion 
 
 when their Salaries amount to no more 
 
 than 600 Rds. 1 
 
 From 600 to 1200 30 
 
 1200 2400 10 
 
 2400 COOO 20 
 
 6000 and upwards, 40 
 
 B. Admission of Notaries, 100 
 Ditto of Attorneys, 100 
 
 ART. 14. Court of Appeals. 
 
 For the Bond Stamp, 2 
 
 Memorial, 1 
 
 Cases, the first sheet, 1 
 
 Every subsequent one, 24 
 
 Exhibits, 24 
 
 The Sentences, 10
 
 267 
 
 Eds. Sts. 
 
 The Orders of Reference, 12 
 
 Orders of Court, 6 
 
 Reports, first sheet, 24 
 
 Every subsequent one, 12 
 
 The like Stamps are to be used by the Secretary 
 of the Court, in all Copies. 
 
 ART. 15. Admiralty Court. 
 
 Affidavits, 24 
 
 Claims, 24 
 
 Examinations in preparatory on the first sheet, 1 
 
 Every other and each Witness, 12 
 
 Decree of Unlivery, 24 
 
 of Appraisement and Sale, 1 
 
 of Removal, 12 
 
 Deeds of Inspection, 24 
 
 of Restitution, 2 
 
 of Delivery, 24 
 
 of Condemnation, 2 
 
 for Answers, 24 
 
 Allegation, first sheet, 24 
 
 Every subsequent sheet, 12 
 
 Answers, 12 
 
 Minutes of Court, 12 
 
 Papers extracted, per extract, 12 
 
 Copies, per sheet, 12 
 
 Letters of Marque, 100 
 
 And that no Person may plead ignorance hereof, this 
 shall be published and affixed in the usual manner. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of 
 Good Hope, this 10th day of December 1824. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 (Signed) R. Flasket, Secretary.
 
 268 
 
 Government Minute. 
 
 His Excellency the Governor being; desirous to establish 
 a fixed and invariable Rule for the Guidance of the 
 different Departments of Government, and of Indivi- 
 duals generally, relative to Applications they may have 
 occasion to make to Government, is pleased to direct, 
 that in future, all Applications, Letters, or Reports, 
 which may relate to Public Business, or to any General 
 Matter, shall be made invariably through the Colonial 
 Secretary. 
 
 Cape of Good Flope, 30th December 1824. 
 By Command of His Excellency the Governor. 
 (Signed) R. Flasket, 
 
 Secretary to Government. 
 
 Proclamation by His Excellency General tlie Right 
 
 Hon. Lord Charles Henry Somerset, 6fc. $"c. 
 WHEREAS I have been given to understand, that the 
 Medicinal Qualities of the Boekhoo (Boego) Plant are 
 held in great estimation in Europe, and that it is pro- 
 bable the demand for that Article may increase to an 
 extent which may prove very beneficial to the In- 
 terests of this Colony, provided the necessary mea- 
 sures be taken for its preservation : 
 
 And whereas it has been represented to me, that the 
 Persons employed in collecting this Article, not satis- 
 fied with gathering the Leaves, or even cutting the 
 Shoots of this Plant, are in the habit of pulling it up 
 entirely by the Roots, or of cutting and hewing it so 
 low down, and in such a manner as to destroy the 
 Plant itself, I have deemed it necessary, for the gene- 
 ral Interests of the Colony, to order and declare, and 
 it is hereby ordered and declared accordingly, that 
 any Person who may be convicted before a competei.t
 
 269 
 
 Tribunal, of tearing up the Boekhoo (Boego) Plant by 
 the Roots, or of burning it, or cutting it in such a 
 manner as to injure the further growth of the Plant, 
 shall be deemed guilty of a Misdemeanor, and be fined 
 in a Penalty of not less than Twenty, nor more than 
 Fifty Rix-dollars for every such Offence, one-third of 
 which shall go to the Informer (provided always, that 
 the Plants so injured or destroyed be not the private 
 property of Individuals, and cut, or pulled up, or burnt, 
 by their orders) : And in the event of the inability of 
 the Offender to pay the Fine awarded, that he be liable 
 to Imprisonment at Hard Labour, for a certain period 
 not exceeding two Months for every such Offence. 
 
 And in order that no Person may plead ignorance 
 hereof, this shall be published and affixed in the usual 
 manner. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of Good 
 Hope, this 31st day of December 1824. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 
 (Signed) R. Plasket, 
 
 Secretary to Government. 
 
 Proclamation by His Excellency General the Right 
 
 Hon. Lord Charles Henry Somerset, fyc. Sfc. 
 WHEREAS His Majesty has been graciously pleased, 
 by Instructions issued under His Signet and Sign 
 Manual, with the Advice of His Privy Council, bearing 
 date at Carlton House, the Ninth Day of February 
 1825, to order and direct, that a Council shall be esta- 
 blished in this Colony, to advise and assist in the 
 Administration of the Government thereof: And 
 
 z 2
 
 270 
 
 whereas His Majesty has signified His Pleasure that 
 the said Council shall be composed as follows, viz : 
 
 President, 
 
 His Excellency the Governor, or the Officer adminis- 
 tering the Civil Government of the Colony, for the 
 time being. 
 
 Members. 
 
 The Chief Justice, 
 
 The Colonial Secretary, 
 
 The Officer next in Command for the time being, to the 
 Commander of the Forces, 
 
 Lieutenant-Colonel Bell, 
 
 Walter Bentinck, Esq., Auditor General. 
 
 J. W. Stoll, Esq., Receiver General. 
 
 I do hereby make known and publish the same for 
 the information of all the Inhabitants of this Colony, 
 and of all others whom it may concern. 
 
 God save the King ! 
 
 Given under my Hand and Seal, at the Cape of Good 
 Hope, this 2d day of May 1 825. 
 
 (Signed) C. H. Somerset. 
 
 By His Excellency's Command, 
 
 (Signed) R. Plasket, 
 
 Secretary to Government.
 
 TO THE READER. 
 
 THE foregoing pages contain the Government 
 Proclamations , in so far as not repealed, from 
 1806 to May 1825, when the Council was 
 established (vide page 269,) since which time 
 the local enactments have been termed u Ordi- 
 
 nances." 
 
 In 1834 the present " Legislative Council" 
 was established by Letters Patent. 
 
 The following pages therefore will be found 
 to contain all the Ordinances in Council 
 those passed by the Council established in 1825, 
 being numbered from No. 1 to 105 inclusive 
 and those passed by the present Legislative 
 Council, being numbered from No. 1 1834, to 
 No. 1 1838, inclusive, with notes of reference 
 to each Ordinance. 
 
 To these are added, as an Appendix the 
 Charter of Justice. The Act "for the preven- 
 " tion and punishment of Offences committed 
 " by Her Majesty's Subjects, within certain 
 "Territories adjacent to the Colony of the
 
 272 
 
 " Cape of Good Hope," and the Commissions 
 for the Trial within the Colony, of Offences 
 committed on the High Seas. 
 
 The expense of printing in the Colony has 
 prevented me from giving the marginal notes 
 to the several Ordinances, but as a full Index 
 will be given, it is hoped that this inconve- 
 nience will not be materially felt. 
 
 13th June 1838. 
 
 WALTER HARDING.
 
 No. 1. Signed, C. H. Somerset. 
 
 Ordinance for introducing the Use of the English 
 Language in the Judicial Transactions of the Court 
 of Magistracy at Algoa Bay, (Port Elizabeth;) 
 and assigning proper Limits to the Territory within 
 which the said Court is authorised to exercise its 
 Jurisdiction- ( l ) * 
 
 WHEREAS by a Proclamation bearing date the 5th July, 
 1822, it has been Ordered and directed, that from and 
 after the First Day of January, in the Year of our Lord 
 One Thousand Eight Hundred and Twenty-seven, the 
 English Language shall be exclusively used in all Ju- 
 dicial Acts in the Supreme and Inferior Courts of this 
 Colony ; And whereas the Majority of the Inhabitants 
 who are subject to the Jurisdiction of the Court of 
 Magistracy at Algoa Bay, (Port Elizabeth,) are 
 Native British Subjects, and consequently it would be 
 highly inconvenient to them to use any other than the 
 English Language in their Judicial Proceedings before 
 the said Court of Magistracy, Be it therefore Enacted, 
 that so much of the aforesaid Proclamation of the 5th 
 July 1822, as may be considered to regard the Juris- 
 diction of the said Court of Magistracy shall be, and 
 the same is hereby repealed. 
 
 And be it further Enacted, that from the date of 
 
 (') Vide infra Ordinances, No. 27 of 182G. 
 * NOTE. Superseded by the Charter. Vide 31 of Ch-irter of 1827 
 and 32of New Charter.)
 
 No. l,the Promulgation of this Ordinance, all Judicial Pro- 
 1825.ceedings in the aforesaid Court of Magistracy shall be 
 carried on, and all Records and other Judicial Acts 
 relating thereto, shall be written in the English Lan- 
 guage. 
 
 And whereas it has appeared to be requisite, that 
 the Limits of the Township of Algoa Bay, (Port Eli- 
 zabeth,) within which the said Court of Magistracy is 
 authorised to exercise its Jurisdiction, shall be properly 
 ascertained ; it is hereby further Ordered and Directed, 
 that an imaginary Line drawn from the Place of 
 Michael Cordie, and M'Cullock, situated at the South 
 West Point of Algoa Bay, up to the Place of Jacobus 
 Theodorus Botha, then to the Place of Gert H. Hals- 
 huizen, thence to the Place of the Widow Pieter 
 Schouw, now Newcomb's, then down the Little Zwart- 
 kops River, whose source is at the last-mentioned 
 Place, following the same down to where it empties it- 
 self into the Great Zwartkops River, and thence down 
 the same to its Mouth at the Coast, including all the 
 Inhabitants residing at the Places and within the Limits 
 before-mentioned, shall form the Township of Algoa 
 Bay, (Port Elizabeth.) 
 
 And be it further Enacted, that the Town at Algoa 
 Bay, shall in future be designated in all Public Acts, 
 as Port Elizabeth. 
 
 And that no Person may plead ignorance hereof, this 
 will be published and affixed in the usual manner. 
 
 God save the King ! 
 Given at the Cape of Good Hope, 
 this 28th Day of May, 1825. 
 
 [By Command of His Excellency the Governor, 
 (Signed,) R. Flasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed,) P. G. Brink, Act. Clerk of the Council.
 
 275 
 
 No. 2. Signed, C. H. Somerset. 
 
 Ordinance for making British Silver Money a Legal 
 Tender in Discharge of all Debts due to Individuals, 
 and to Government, at the Rate of One Shilling 
 and Six Pence for each Paper Mix-dollar. (*) 
 WHEREAS His Majesty's Government has determined 
 to establish the British Currency (") as the Circulating 
 Medium of all the Colonial Possessions of the Crown, 
 and has further been pleased to Order and Direct that 
 the British Silver Money shall be a Legal Tender in 
 this Colony, in discharge of all Debts due to Indi- 
 viduals and to the Public, at the Rate of One Shilling 
 and Six Pence for each Paper Rix-Dollar, and so in 
 proportion for any greater or less Sum. 
 
 His Excellency the Governor in Council is pleased to 
 Enact and Declare, that from and after the date of 
 this Proclamation or Ordinance, British Silver Money 
 shall be a Legal Tender in this Colony, in discharge of 
 all Debts due to Individuals and to the Public, at the 
 Rate of One Shilling and Six Pence for each Paper 
 Rix-Dollar, and so in proportion for any greater or less 
 Sum. 
 
 His Excellency in Council has in consequence issued 
 the necessary Instructions, that a Table or Scale shall 
 be Printed forthwith, specifying the relative value of 
 the Paper Rixdollar, and of all the lesser proportions 
 thereof, with British Money, in order to regulate the 
 Payment of the Established Government Duties, Fees, 
 &c. until such time as New Schedules of Duties, &c. 
 be made out. 
 
 The Governor in Council is further pleased to Order 
 and Direct, that from and after the 31st of December 
 next, all Heads of Departments in this Colony, and 
 
 (') Allowed by the Home Government. 
 (') Vide Ordinance, No. 61825. infra.
 
 276 
 
 No. 2, all other Civil Servants therein, shall render their 
 1825. Accounts in British Money; and that all Contracts 
 entered into, or Purchases effected by the Civil De- 
 partments, for the Public Service, after that Date, 
 shall also be made in British Money. 
 
 And that ,no Person may plead ignorance hereof, 
 this will be published and affixed in the usual manner. 
 
 God save the King ! 
 Given at the Cape of Good Hope, 
 
 this 6th Day of June 1825. 
 By Command of His Excellency the Governor, 
 (Signed) R. Plasket, Sec. to Gov. 
 
 By Order of the Council, 
 (Signed) P. G. Brink, Act. Clerk of the Council. 
 
 No. 3. Signed, C. H. Somerset. 
 
 Ordinance for reducing the Reward hitherto paid for 
 
 Destroying Tigers to Five Rix-Dollars per 
 
 Head. C 1 ) 
 
 WHEREAS by the Government Proclamation under 
 date of 21st March 1822, ( 2 ) a Reward of Twenty-five 
 Rix-Dollars was authorised by Government for every 
 Tiger destroyed by the Inhabitants of this Colony, 
 which Reward was reduced to Ten Rix-Dollars by 
 Proclamations of the 4th April and 2 1st November 
 1823, in as far as regards the Districts of Graaff-Reinet, 
 Uitenhage, Albany, Worcester, and Swellendam ; 
 And whereas considerable expence has been incurred on 
 this Head in several of the Districts of this Colony, 
 without any adequate Benefit, 
 
 (>) Allowed hy the Home Government, but wholly repealed by 
 Ordinance No. 451828. 
 (i) Vide supra p. 230.
 
 277 
 
 His Excellency the Governor in Council is hereby No. 3. 
 pleased to Order and Direct, that from and after the 1825. 
 date of the Promulgation of this Ordinance, a Reward 
 of Five Rix-Dollars only, shall be given by the compe- 
 tent Authorities in the Districts, for every Tiger so 
 destroyed. 
 
 And that no Person may plead ignorance hereof, 
 this shall be published and affixed in the usual 
 manner. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 
 
 this 21st day of June 1825. 
 By Command of His Excellency the Governor, 
 
 (Signed) R. Plasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) P. G. Brink, Act. Clerk of the Council. 
 
 No. 4. Signed, C. H. Somerset. 
 
 Ordinance directing that from and after the ioth of 
 July 1825, all Licences to Trade with the Caffres 
 at Fort Wills/lire, or at any other Places which, 
 may hereafter be fixed on by Government, shall be 
 written on a Stamp of 80 Rix-dollars, renewable 
 annually. (*) 
 
 WHEREAS by the Proclamation of His Excellency the 
 Governor, under Date 23d July, 1824, ( 2 ) certain Re- 
 gulations and Restrictions were Enacted, for carrying 
 on a Traffick at Fort Willshire, between the Colonists 
 and the Caffre Nation : 
 
 (') Allowed by the Home Government, but repealed by Ordinance 
 No. 231826. 
 
 ( a ) Partially repealed by Ordinance No. 161825, and wholly re- 
 pealed by Ordinane No, 231826. 
 
 A A
 
 278 
 
 No. 4. And whereas it is deemed advisable, with a view to 
 1825. u m i t tne Attendance at the Fairs established at Fort 
 Wiltshire, to regular Traders, and to prevent a Con- 
 course of Speculative Adventurers, that a Stamp Duty 
 be paid on each Licence issued by the Landdrosts for 
 Permission to carry on such Traffick. 
 
 His Excellency the Governor in Council is hereby 
 pleased to Order and Direct, that from and after the 
 Fifteenth Day of July next, all Licences to Trade with 
 the Caffres, at Fort Wiltshire, or at any other Places 
 which may hereafter be fixed on by Government, shall 
 be written on a Stamp to the Amount of Eighty Rix- 
 dollars; renewable Annually; and 1hat the Licences 
 now issued shall be immediately called in, and can- 
 celled, and be of no further avail, after the Fifteenth 
 Day of July next, 
 
 And any Person Trafficking at such Fairs, without such 
 Stamped Licence, as above-mentioned, will be subject, 
 on Conviction before a competent Tribunal, to the Pe- 
 nalties fixed in the 10th Article of the Proclamation of 
 the 23rd July 1824. 
 
 And that no Person may plead ignorance hereof, this 
 will be published and affixed in the usual manner. ( J ) 
 
 God save the King ! 
 Given at the Cape of Good Hope, 
 this 21st Day of June 1825. 
 
 By Command of His Excellency the Governor, 
 
 , (Signed) R. Plasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) P. G. Brink, Act. Clerk of the Council. 
 
 () Vide Ordinance No. 811830
 
 279 
 
 No. 5. Signed, C. H. Somerset. 
 
 Ordinance for destroying a Sum of 20,000 Rix~ dol- 
 lars, Old and Defaced Paper Money, 8fc.( l ) 
 
 WHERE AS the Paper Money, stamped and signed accord- 
 ing to the Proclamation of the 22d April last, to the 
 amount of 20,000 Rix-dollars, has been placed in the 
 custody of J. W. Stoll, Esq., His Majesty's Receiver 
 General, in order to be exchanged with an equal quan- 
 tity of worn out and defaced Money, which is also in 
 the hands of the said Receiver General. 
 
 And whereas the Landdrost and Heemraden of Stel- 
 lenbosch ( 2 ) have repaid to the Colonial Treasury, the 
 sum of 3000 Rix-dollars, being the Twentieth Instal- 
 ment of the sum of Rds. 75,000, which had been created 
 and advanced by the Batavian Government, in the 
 year 1804, for the special purpose of repairing the 
 damages occasioned by a fire in that Village, and which 
 Money was to be repaid in Instalments of Rds. 3000 
 per annum, and publicly destroyed, as directed by the 
 Proclamation of the Governor and Council of the 30th 
 September 1804. 
 
 And whereas the Debentures issued according to the 
 Proclamation of the 21st June 1822, have been called 
 in and delivered to the said Receiver General, accord- 
 ing to the Proclamation of the 12th November last. 
 
 These are therefore to require and direct, that D. 
 Denyssen, Esq., His Majesty's Fiscal ; W. Hewetson, 
 Esq., Assistant Commissary General, together with 
 two Members of the Court of Justice, and two Mem- 
 bers of the Burgher Senate, to be appointed by the 
 Court and Senate, do meet at the Office of Revenue, 
 on Wednesday next, the 29th instant, at 10 o'clock, 
 and that they do there and then receive from J. W. 
 Stoll, Esq., His Majesty's Receiver General, the 
 
 (') Allowed by the Home Government. 
 ( 2 ) Vide Ordinance No, 28.
 
 280 
 
 No. 5. abovementioned sums of Rds. 20,000 and of Rds. 3000, 
 1825. as a i so t h e abovementioned Debentures, and after 
 examining the same, that they do, in their presence, 
 cause the same to be publicly burned and destroyed. 
 
 And in case the examination of the several Pieces of 
 Money, which constitute the above sums of 20,000 
 and 3000 Rix-dollars, and of the Debentures so to be 
 received by them, cannot be concluded in one day, 
 they are then and in that case, to adjourn and proceed 
 therein as shall appear best to them ; but so as to finish 
 and conclude in the shortest time possible. 
 
 And it is further directed, that the several Persons 
 abovementioned, do sign three Certificates of their 
 proceedings herein, to be drawn up and prepared by 
 Mr. C. M. Zastron, Clerk in the Colonial Secretary's 
 Office, under the direction of the Fiscal, two of which 
 Certificates are to be delivered to J. W. Stoll, Esq., 
 as his Discharge for the sum of 23,000 Rds. and also 
 of the aforesaid Debentures with which he now stands 
 charged to His Majesty, and the other is to be lodged 
 in the Records of the Court of Justice, by the Fiscal 
 and the Members thereunto belonging, at the next 
 Meeting after the signing as above directed. 
 
 And His Majesty's Fiscal is hereby also directed to 
 require and demand of the Court of Justice, within 14 
 days after the lodging of such Certificate as abovemen- 
 tioned, that they do pass a Public Act, under their 
 Hand, and the Seal of the Court, certifying and declar- 
 ing all their proceedings, which have been held and 
 taken place, with regard to the stamping and signing of 
 the several pieces of Money, as expressed in the Pro- 
 clamation of the 22d April last, as also, of the ex- 
 changing and destroying of worn out and defaced 
 Money, equivalent thereto, and of the 3000 Rds. 
 received from the Landdrost and Heemraden of Stel- 
 lenbosch, and of the aforesaid Debentures, annexing 
 to, or including in such their Act, authentic copies of
 
 281 
 
 the several certificates lodged as directed in their No. 5. 
 Records which Public Act is to be presented to His 1825. 
 Excellency the Governor, to be disposed of in such 
 manner as His Excellency may think expedient for the 
 satisfaction of His Majesty in the premises. 
 
 For all which this shall be to all concerned a full 
 and sufficient warrant and authority. 
 
 God save the King ! 
 Given at the Cape of Good Hope, 
 this 27th day of June 1825. 
 
 By Command of His Excellency the Governor, 
 
 (Signed) R. Flasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) P. G. Brink, Act. Clerk of the Council. 
 
 No. 6. Signed, C. H. Somerset. 
 
 Ordinance promulgating an Order of the King's Most 
 Excellent Majesty in Council, for giving Currency 
 to, and fixing the Value of, British Silver and 
 Copper Money throughout this Colony. ( a ) 
 His Excellency the Governor in Council is pleased to 
 promulgate, for general information, the following 
 Order of the King's Most Excellent Majesty in Coun- 
 cil, issued for the purpose of giving Currency to 
 British Silver and Copper Money throughout the 
 British Colonial Possessions, and of fixing its value in 
 Payments which may now be made in Rix-dollars, 
 under the Laws and Usages of the Cape of Good 
 Hope ; ( 2 ) together with the Instructions which 
 the Lords Commissioners of His Majesty's Treasury 
 have directed to be addressed to the Officer in charge 
 of the Duties of the Commissariat Department, ex- 
 
 (') Allowed by the Home Government. 
 
 ( 2 ) Fide Proclamation, 23d Jan. 1806, p. 9. 10th May 1816, p. 199 
 and Ordinance No. 21825, p. 275 supra. 
 
 A A2
 
 282 
 
 No. G. plaining the Arrangements under which the Views of 
 182o. nig Majesty's Government are to be carried into 
 effect : 
 
 At the Court, at Carlton House, the 23d March 1825, 
 present, the KING'S Most Excellent Majesty in 
 Council- 
 
 WHEREAS it has been represented to His Majesty at 
 this Board, by the Lords Commissioners of His Ma- 
 jesty's Treasury, that they have given directions that 
 His Majesty's Troops serving in the several British 
 Colonies and Possessions Abroad should in certain 
 cases be paid in British Silver and Copper Money, and 
 that with a view of securing the Circulation of such 
 Money in those Colonies H would be expedient that an 
 Order in Council should be issued, declaring that in all 
 those Colonies where the Spanish Dollar is now either 
 by Law, Fact or Practice, considered as a legal tender 
 for the discharge of Debts, or where the Duties to the 
 Government are rated or collected, or the Individuals 
 have a right to pay in that description of Coin, that a 
 tender and payment of British Silver Money to the 
 amount of Four Shillings and Four Pence should be 
 considered as equivalent to tender or payment of One 
 Spanish Dollar, and so in proportion for any greater or 
 less amount of Debt. 
 
 And whereas it has been further represented by the 
 Lords Commissioners of His Majesty's Treasury, that 
 with respect to the Cape of Good Hope, where there 
 are not any Spanish Dollars in Circulation, bul where 
 the Circulation consists entirely of Paper Rix-doll;irs 
 and its proportions; and with respect to Ceylon, where 
 the Circulation consists of Silver and Paper llix-dol- 
 lars as well as of a variety of other Coins, which are 
 generally received and paid with relation to their value 
 as compared with Rix-dollars, it would be expedient 
 that a tender and payment of One Shilling and Six 
 Pence in British Silver Money should be considered as 
 equivalent to a tender and payment of One such Rix- 
 dollar so current at the Cape of Good Hope and Cey- 
 lon respectively, and so in proportion for any greate 
 or less Sum, and also that British Copper Money 
 should be made a legal tender in all the British Colo-
 
 283 
 
 nies for its due and proper proportions of British Sil- No. 6. 
 ver Money as by Law established in Great Britain, but 1825. 
 that no person should be compelled to take more than 
 Twelve Pence in Copper Money at any one payment ; 
 His Majesty, having taken the said representation into 
 consideration, is pleased by and with the advice of 
 His Privy Council, to approve of what is therein pro- 
 posed, and the Right Honourable the Lords Commis- 
 sioners of His Majesty's Treasury, and the Honourable 
 Earl Bathurst, one of His Majesty's Principal Secre- 
 taries of State, are to give the necessary directions 
 herein as to them may respectively appertain. 
 
 ^Signed) C. C. Greville. 
 
 Commissariat Department. 
 Circular, No. 89. 
 
 Treasury Chambers, 12th Feb. 1825. 
 
 Sir, The Lords Commissioners of His Majesty's 
 Treasury having had under their consideration the 
 Rate at which the Dollar is issued to the Troops at the 
 Station under your charge, and having also adverted 
 to the difficulty which exists at many Stations of pro- 
 curing not only the Spanish Dollar, but also the pro- 
 portional parts of the Dollar, so as to form a conve- 
 nient Medium for the Issue of pay to the Troops ; 
 have determined to send to all the Colonies, British 
 Silver and Copper Money, which is to be issued for the 
 Pay of the Staff and Regimental Officers, and the 
 N on-Commissioned Officers and Soldiers, and also for 
 the Pay of all Persons having permanent appointments 
 in any of the Civil Departments of the Army, at its 
 nominal Rate : and they have requested the Secretary 
 of State to make such Communications to the Go- 
 vernors of the several Colonies, as may insure its gene- 
 ral use as a Circulating Medium. 
 
 With a view of attaining that object, and to secure 
 its circulation without the great fluctuation in the Rate 
 for the Exchange to which a circulation of Spanish 
 Dollars is subject, with reference to Bills drawn upon" 
 this Board of Sterling Money ; I am commanded by 
 their Lordships to direct that at certain hours in every 
 day, or upon one certain day of each week, as the
 
 No. 6. Officer commanding the Forces may deem most expe- 
 j25.dient, you will be prepared to receive British Silver 
 Money in Sums of not less than XI 03, from any Per- 
 sons whatever who may tender the same ; and that you 
 will grant to such Persons Bills upon this Board at 
 thirty days' sight, for the Money so tendered, at the 
 fixed rate of a Bill for 100 for every 103 of Silver 
 Money. You will, of course, take care that you do 
 not receive in Exchange for Bills upon this Board any 
 British Silver Money wantonly or fraudulently defaced, 
 or reduced in its true weight, but such only as may be 
 perfect ; and you will receive all such Money by tale ; 
 but a very satisfactory check upon the tale may be ob- 
 tained by weighing the Coin which may be tendered to 
 you in Exchange for Bills ; as every Ib. troy should 
 produce by tale 3 6s. (i. e.) 66 Shillings ; and there- 
 fore 103 to be given in Exchange for a Bill of 100 
 should weigh 3\lbs. 202. Wdwts. 2li^ grains troy ; but 
 which weight may be subject to a slight variation from 
 the fair wear of the Coin. 
 
 I am further to desire that you will not on any ac- 
 count, or under any pretence, receive British Silver 
 Money in exchange for Bills upon this Board, at any 
 other Rate than that before specified ; and that when- 
 ever you have British Silver Money in the Chest you 
 will issue it for the Pay of the Troops in preference to 
 every other species of Coin. Copper Money will be 
 sent to you with the British Silver Money, and it is to 
 be issued from time to time at its nominal Rate ; but 
 My Lords desire that fractions only of less than 6d. 
 may be issued in that Coin, unless particularly re- 
 quested by the Persons who are to receive the same. 
 
 In the event of your not having sufficient British 
 Silver Money in the Military Chest, for the purpose of 
 making the necessary payments to the Troops, you will 
 issue to them Spanish Dollars as at present, but at the 
 rate of 4s. 4d. per Dollar ; and you will issue all other 
 Dollars or Coins in payment to the Troops at the same 
 proportionate Rate with reference to their actual con- 
 tents in pure Silver. A Scale of the Rates at which 
 some of the Coins should be so issued is inclosed. 
 
 The principal upon which their Lordships are pleased 
 to direct the Dollar to be issued to the Troops at 59d.
 
 285 
 
 each, is, that this is the nearest value as compared to N o . 6. 
 British Standard Silver at 5s. 2<f. per oz. ; being the 1825. 
 ancient Standard of the Silver Coin of the Realm ; and 
 therefore, in fixing the value of all other Coins with 
 reference to that Standard, it is necessary that you 
 should attend not only to the weight of the Coin, but 
 to its contents in pure Silver. 
 
 A Pound Troy of Standard Silver, containing 1 loz. 
 %dwts. of pure Silver, and ISdwts of Alloy, the pro- 
 portion between Pure and Standard Silver may be ex- 
 pressed by the fractions $$=$ 
 
 The Pound Troy of Spanish Dollars contains 1003 . 
 14dwts. of Pure Silver, and loz. Gdwts. of Alloy, and 
 the proportion between the gross Weight of the Spanish 
 Dollar, and its contents in Pure Silver may be expressed 
 by the fractions itt=JB- 
 
 I am further to direct that in negotiating Bills upon 
 this Board for Dollars or any other Coin (except British 
 Silver Coin,) you will pursue the present course, and 
 obtain the same upon the most favorable Rates of Ex- 
 change that may be practicable ; it not being their Lord- 
 ships' intention that any other Coins, than British Silver 
 Coins, should be received into the Military Chest in 
 exchange for Bills upon this Board, at any other than 
 the Current Rate of Exchange. 
 
 My Lords further desire that this arrangement with 
 respect to the Rate at which British Silver Money or 
 Dollars is to be issued in Payment to the Troops, may 
 take place from the 24th of the Month next after date 
 of the General Order, which the Officer Commanding 
 the Forces may issue in consequence of the Instructions 
 which will be conveyed to him, for giving effect to this 
 measure. 
 
 With respect to the mode of paying for Supplies of 
 every description which may have already been agreed 
 or contracted for, My Lords desire that the Payments 
 may be made in every respect in the same manner, 
 and at the same Rates as the Payments would have 
 been made if the proposed alteration had not been di- 
 rected; and in all future cases where Articles may be 
 contracted for, My Lords desire that it may be express- 
 ly stated in the Advertisement for the Supply, and also 
 in the Contract to be entered into, that the Payments
 
 286 
 
 No 6. are to be made in British Silver Money; but with a 
 1825. reservation of a power on the part of the Commissary to 
 pay in Bills upon this Board, at the Rate of a Bill for 
 100 for every 103 due upon the Contract ; and 
 which power you will of course avail yourself of, in all 
 cases where there may be a scarcity of British Silver 
 Money in the Chest. 
 
 I am further directed to acquaint you that it may 
 much facilitate their Lordships' object in obtaining a 
 Circulation for British Silver Money in all the Colonies, 
 if all your Sub-Accountants at Detached Stations where 
 there is a Branch of the Military Chest, where furnished 
 by you with Bills upon this Board, drawn in their 
 favor for sums of 1 00 each, and with which you might 
 charge them as with Cash ; and which Bill they should 
 be instructed to Endorse over to those Persons, who 
 may lodge in the Military Chest, under their charge 
 103 of British Silver Money for each Bill. The Re- 
 gulations now in force for ascertaining the Balance of 
 Money in the Military Chest, will be as equally appli- 
 cable to Bills as to Cash : and with a view to simplify 
 the transactions as much as possible, and to guard 
 against any irregularities, their Lordships have directed 
 me to transmit Blank Bills, which may be used exclu- 
 sively for this purpose. 
 
 I am further directed to acquaint you, that their 
 Lordships have called the attention of the Officer Com- 
 manding the Forces to the Rates in Money, granted 
 as Pay to Persons holding local or temporary appoint- 
 ments, and also in lieu of allowances of Forage, Fuel, 
 Lodging, &c. to Regimental and Staff Officers ; and 
 which Rates have been fixed with reference to the ex 
 pence of the Articles, in lieu of which the Money Al- 
 lowance was granted, and to the value of the Curren- 
 cy in which the Pay and Allowances were issued, with a 
 view to his causing Boards to be assembled for revising 
 the whole of those Allowances, and for fixing new 
 Rates of Pay and Allowances in lieu thereof, payable 
 in British Silver Money ; by which My Lords expect 
 that a nominal reduction will be made in the Amount 
 of these Allowances, equal, or nearly equal, to the 
 difference between the value of the Dollar as it has 
 heretofore been issued, and 4s. 4d. 
 
 You will also issue to the Officers of all Public De-
 
 287 
 
 partments, to whom jou may be called upon to make No. 6. 
 Payments in exchange for their Certificates, Bills, or 1825. 
 Drafts, British Silver Money at its nominal Rate, 
 Spanish Dollars at 4s. 4d. each, and other Dollars or 
 Coins at the same proportionate rate; but the payment 
 of the Drafts of the Ordnance Officers for Materials or 
 other Articles of Supply, under existing Contracts, 
 you will of course make in the same manner, and in 
 Coins at the same Rate as the payments would have 
 been made in the event of the aforegoing arrangement 
 not having been adopted. 
 
 I am further directed to acquaint you that supplies of 
 Money will from time to time be sent to you, and of the 
 Shipments of which you will de duly apprised. 
 
 (Signed) Geo. Harrison. 
 
 Table of the Gross Weight of the contents in pure Silver, and 
 of the Value, computed at the rate of 5s. 2d. per oz. 
 Troy, British Standard fineness, of the undermentioned 
 Silver Coins, taken from Assays made at the Mints at 
 Paris and London, together with the Rate at which those 
 Coins are to be issued (when British Coin is not in the 
 Military Chest) for the Pay of the British Troops in the 
 Colonies : 
 
 
 Gross 
 Weightof 
 Coins. 
 
 Contents in 
 pure Silver. 
 
 Value at 5s. 2d 
 per oz. 
 Standard. 
 
 Tobeissu 
 ed to the 
 Troops at 
 
 Grains. 
 
 Grains. 
 
 s. d. Dec. 
 
 s. d. 
 
 French. 
 
 
 
 
 
 Pieces of 5 Francs 
 
 385 
 
 344 9 
 
 4 16 
 
 4 
 
 2 ditto 
 
 155 
 
 138 8 
 
 1 7 38 
 
 1 8 
 
 Franc. . . . 
 
 77 
 
 69 4 
 
 9 69 
 
 10 
 
 Sicilian. 
 
 
 
 
 
 Dollar orScudo 
 
 422 
 
 348 2 
 
 4 62 
 
 4 1 
 
 Piece of 40 Grains 
 
 141 
 
 117 5 
 
 1 4 40 
 
 1 5 
 
 20 ditto 
 
 72 
 
 59 1 
 
 8 25 
 
 9 
 
 Spanish. 
 Dollar .... 
 
 416 
 
 370 9 
 
 4 3 79 
 
 4 4 
 
 U. S. of America. 
 Dollar .... 
 
 416 
 
 370 1 
 
 4 3 OS 
 
 4 4 
 
 East Indies. 
 
 
 
 
 
 Calcutta, Rupee 
 Bombay, } 
 or > ditto 
 Surat, ) 
 
 192 
 
 179 
 
 175 9 
 
 164 7 
 
 i 
 
 2 56 
 1 11 10 
 
 2 1 
 1 11
 
 288 
 No. 6. Commissariat Department. 
 
 1 QOK 
 
 No. 102. 
 
 Treasury Chambers, 5th March, 1825. 
 
 Sir, In transmitting- to you the enclosed Letter, in 
 regard to the manner and rate at which British Silver 
 Money, Spanish Dollars, or other Coins, are to be is- 
 sued in payment to the Troops at the several Foreign 
 Stations, I am commanded by the Lords Commissioners 
 of His Majesty's Treasury to acquaint you, that they 
 have adverted to the Rate at which the Commissariat 
 Bills have been negotiated upon this Board for a consi- 
 derable time past, in exchange for the Paper Rix-dollar 
 of the Colony; and as the greatest evils must arise, not 
 only in the payment to the Troops, but also in all the 
 Commercial Relations of the Colony, from the great 
 fluctuation in the exchangeable value of this description 
 of Currency, they are pleased to direct that you will, 
 upon communication with the Officers Commanding the 
 Forces, give a Public Notice that you will take Paper 
 Rix-dollars in exchange for Bills upon this Board, in the 
 same manner as you are directed by the enclosed Instruc- 
 tions to take British Silver Money, computing each 
 Paper Rix-dollar as equivalent to Is 6d. of British Silver 
 Money, and so in proportion for the Paper, below the 
 denomination of a Rix-dollar ; and their Lordships will 
 direct the Officer Commanding the Forces to issue a 
 General Order, that all future Issues to the Army for 
 Pay or otherwise, should, when made in Paper Rix- 
 dollars, be computed at the rate of Is. Qd. each. 
 
 You will on no account issue your Bills upon this 
 Board, in exchange either for British Silver Money, or 
 for Paper Rix-dollars, at any other than the prescribed 
 Rates. 
 
 You will also take care not to re-issue any of the 
 Paper which you may receive in exchange for Bills 
 upon this Board, which may represent a Sum of less 
 than 10 Rix-dollars, it being their Lordships' intention 
 that such Paper Money should not, when once received 
 into the Military Chest, be again re-issued; and their 
 Lordships will very shortly transmit to you Instructions 
 in regard to the disposal of this Paper ; and also to the 
 disposal of any quantity of Paper which may be paid
 
 289 
 
 into the Military Chest, beyond the quantity required No. 6. 
 to be re-issued for the current expenditure. 1825. 
 
 I am, Sir, &c. &c. 
 (Signed) Geo. Harrison. 
 
 Assistant Commissary General Hewetson, Cape of 
 Good Hope. 
 
 And that no Person may plead ignorance hereof, this 
 will be published and affixed in the usual manner. 
 
 God save the King ! 
 Given at the Cape of Good Hope, 
 this 12th Day of July 1825. 
 
 By Command of His Excellency the Governor, 
 (Signed) R. Flasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) P. G. Brink, Act. Clerk of the Council. 
 
 No. 7. Signed, C. H. Somerset. 
 
 Ordinance for the Stamping and Signing of a Sum of 
 56,000 Mix-dollars, in lieu of an equal amount of 
 worn-out and defaced Paper Money. (') 
 
 WHEREAS His Majesty's Receiver General has reported 
 to His Excellency the Governor, that there is at present 
 in his Custody, the Sum of Fifty-Six Thousand Rix- 
 dollars, worn-out and defaced Paper Money, unfit for 
 further circulation : 
 
 These are, therefore, to order and direct, that the 
 Secretary of the Court of Justice, do, on Wednesday, 
 the 3d instant, attend at the Colonial Secretary's Office, 
 where on application to the Colonial Secretary, (in whose 
 custody they are,) he will receive the Stamps, together 
 with the quantity of Cartoon necessary for the purpose, 
 and that he do, in the presence of the Fiscal and two 
 Members of the Court of Justice, who are hereby re- 
 
 (') Allowed by the Home Government. 
 B B
 
 290 
 
 No. 7. quired to attend at the time aforesaid, at the usual 
 1825. place, and in the usual manner, cause the number of 
 280 Pieces of 200 Rds. each, the backs of which are 
 Red, and marked (200) to be stamped ; which Pieces, 
 when so stamped, are to be delivered by the Fiscal and 
 Members of the Court of Justice aforesaid, to the Colo- 
 nial Secretary, to whom they are also, at the same time, 
 to return the Stamps ; which Stamps, being replaced in 
 the Box in which they are usually kept, the Box shall 
 be sealed with His Excellency the Governor's Seal, and 
 with that of the Court of J ustice, and so remain until 
 further wanted ; of all which the Fiscal and Members 
 of the Court of Justice are to make a Public Act of 
 Certification, in the presence of the Court, on the nex t 
 Court-Day, to be registered in the Records of the Court 
 
 And it is further directed, that such stamped Pieces 
 (being regularly marked and numbered, and the value 
 of each Piece, with the Date, duly printed thereon) 
 shall be signed by Messrs. W. Hiddingh, D. J. Kuys, 
 and J. H. Frouenfelder. 
 
 And it is hereby further directed, that such Money 
 so stamped and signed, do remain in the custody of 
 His Majesty's Receiver General, until report be made 
 of its being finished, when such further Orders shall 
 be given, as may be expedient. 
 
 And for the several matters herein mentioned, this 
 shall be to all concerned a full and sufficient Warrant. 
 
 And that no Person may plead ignorance hereof, this 
 will be published and affixed in the usual manner. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 
 this 1st Day of August, 1H25. 
 
 By Command of His Excellency the Governor, 
 (Signed,) R. Flasket, Sec. to Govt, 
 
 By Order of the Council, 
 (Signed,) P. G. Brink, Act. Clerk of the Council.
 
 291 
 
 No. 8. Signed, C. H. Somerset. 
 
 Ordinance for destroying the Sum of 56,000 Rix-dol- 
 lars old and defaced Paper Money. (*) 
 
 WHEREAS the Paper Money, stamped and signed ac- 
 cording to the Ordinance of the 1st instant, to the 
 amount of 56,000 Rix- dollars, has been placed in the 
 custody of J. W. Stoll, Esq., His Majesty's Receiver 
 General, in order to be exchanged with an equal quan- 
 tity of worn-out and defaced Money, which is also in 
 the hands of the said Receiver General : 
 
 These are therefore to require and direct, that D. 
 Denyssen, Esq., His Majesty's Fiscal ; W. Hewetson, 
 Esq., Assistant Commissary General, together with 
 two Members of the Court of Justice, and two Mem- 
 bers of the Burgher Senate, to be appointed by the 
 Court and Senate, do meet at the Office of Revenue, 
 on Tuesday next, the 23d instant, at 10 o'clock, 
 and that they do then and there receive from J. W. 
 Stoll, Esq., His Majesty's Receiver General, the 
 abovementioned sum of 56,000 Rix-dollars, and, after 
 examining the same, that they do, in their presence, 
 cause the same to be publicly burned and destroyed. 
 
 And in case the examination of the several Pieces of 
 Money which constitute the above Sum of 56,000 
 Rix-dollars, cannot be concluded in one day, they are 
 then, and in that case, to adjourn, and proceed therein 
 as shall appear best to them ; but so as to finish and 
 conclude in the shortest time possible. And it is 
 further directed, that the several Persons above- 
 mentioned, do sign three Certificates of their pro- 
 ceedings herein, to be drawn up and prepared by 
 Mr. C. M. Zastron, Clerk in the Colonial Secretary's 
 Office, under the direction of the Fiscal, two of which 
 Certificates are to be delivered to J. W. Stoll, Esq., 
 as his Discharge for the sum of 56^,000 Rix-dollars, 
 with which he now stands charged to His Majesty, and 
 the other is to be lodged in the Records of the Court 
 of Justice, by the Fiscal and the Members thereunto 
 belonging, at the next Meeting after the signing as 
 above directed. 
 
 (') Allowed by the Home Government.
 
 292 
 
 o. 8. And His Majesty's Fiscal is hereby also directed to 
 1825. require and demand of the Court of Justice, within 14 
 days after the lodging of such Certificate as abovemen- 
 tioned, that they do pass a Public Act, under their 
 Hand, and the Seal of the Court, certifying and declar- 
 ing all their proceedings,\vhich have been held and have 
 taken place, with regard to the stamping and signing of 
 the several pieces of Money, as expressed in the Or- 
 dinance of 1st instant; as also, of the exchanging 
 and destroying of worn-out and defaced Money, 
 equivalent thereto, annexing to, or including in such 
 their Act, authentic copies of the several certificates 
 lodged as directed in their Records which Public 
 Act is to be presented to HisExcellency the Governor, 
 to be disposed of in such manner as His Excellency 
 may think expedient for the satisfaction of His Majes- 
 ty in the premises. 
 
 For all which this shall be to all concerned a full 
 and sufficient warrant and authority. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 
 this 22d day of August 1825. 
 
 By Command of His Excellency the Governor, 
 
 (Signed) R. Plasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) P. G. Brink, Act. Clerk of the Council. 
 
 No. 9, Signed, C. H. Somerset. 
 
 Ordinance for the more effectual Apprehension of De- 
 serted Convicts, and Gangs of Vagrants. ( J ) 
 
 WHEREAS it has been represented to His Excellency 
 the Governor in Council, that from the difficulty of 
 effectually securing the Convicts who are condemned to 
 labour at the Public Works in this Colony, frequent 
 Desertions have taken place : And whereas several 
 Gangs of Vagrants, principally consisting of such 
 
 (') Disallowed by the Home Government.
 
 293 
 
 Deserted Convicts, are actually collected iii various No. 9. 
 parts of the Interior of this Colony, who, from their 1825, 
 previous habits of life, added to the state of Vagrancy 
 in which they are necessarily compelled to live, disturb 
 and infest the peaceable Inhabitants of the Colony, 
 breaking open Houses and Stores, plundering Cattle, 
 abusing and maltreating the Herdsmen, and seducing 
 Slaves and Hottentots to join their Gangs; And 
 whereas from the fear of being retaken and delivered 
 once more into the Hands of Justice, these Gangs have 
 become desperate, and go about armed, with the view 
 of attacking such Persons who might attempt to take 
 them Prisoners, and have thus become dangerous to 
 the Lives, as well as to the Property, of the Inhabitants, 
 and have actually wounded Persons who had been sent 
 out to apprehend them. 
 
 And whereas the Laws at present in force in this 
 Colony (by which the Officers of Justice, or Inhabi- 
 tants called in to aid and assist them in the apprehen- 
 sion of Convicts are only authorised to resort to forcei 
 in case of actual resistance) are insufficient to counter- 
 act and defeat the Ravages of these desperate Offen- 
 ders, It is hereby Enacted and Declared, that hence- 
 forth it shall and may be lawful for the Officers of 
 ; Justice, or of Police, as well as such of the Inhabi- 
 | tants who may be specially assembled for the purpose 
 i of apprehending such Gangs, with the authority of the 
 ; Landdrosts, and under the controul of some Local 
 Authority or Officer of Justice or Police, upon the 
 ; discovery of one or more. Persons known to be deserted 
 ! Convicts, or notoriously to belong to such Gangs of 
 ; Plunderers, in case of obstinate refusal after three 
 i repeated Calls "To Stand," to shoot at any such 
 Person or Persons with Small Shot ; provided, how- 
 | ever, they take aim at the Legs only of such Persons, 
 and provided also, that they cannot be otherwise 
 apprehended. ( l ) 
 
 And in order to hold out encouragement to the In- 
 habitants of this Colony to apprehend such Deserted 
 Convicts without the necessity of having recourse to 
 force, as hereinbefore authorised, It is hereby En- 
 
 (') Vide Proclamation 24th March 1814, p. 159, anl Ordinance 
 No. 2. 1837, infra. 
 
 BBQ
 
 294 
 
 Ts'o. 9. acted and Declared, that a Reward of Fifty Rix-dol- 
 
 1825. lars shall be paid by Government for every deserted 
 
 Convict belonging to any of the Gangs abovementioned 
 
 who shall be apprehended without being wounded, and 
 
 delivered into the Hands of Justice. 
 
 And with the view of giving warning to these mis- 
 guided Persons, and of allowing them time to deliver 
 themselves up to the Local Authorities, His Excellency 
 the Governor in Council is further pleased to Enact and 
 Declare, that the Provisions of this Proclamation or 
 Ordinance shall not take effect until the First Day of 
 October next ; after which period all Deserted Convicts 
 who may be apprehended, either by force or otherwise, 
 independent of the Punishment to which they are liable 
 by the existing Laws of the Colony, shall be publicly 
 flogged. 
 
 And that no Person may plead ignorance hereof, 
 this will be published and affixed in the usual manner. 
 
 God save the King ! 
 Given at the Cape of Good Hope, 
 this 29th Day of August 1825. 
 By Command of His Excellency the Governor, 
 
 (Signed) R. Plasket, Sec. to Gov. 
 
 By Order of the Council, 
 (Signed) P. G. Brink, Act. Clerk of the Council. 
 
 No. 10. Signed, C. H. Somerset. 
 
 Ordinance for the better Apprehending and bringing 
 to Justice the Person or Persons concerned in the 
 Murder of Joel, of Mosambique, Slave of the 
 Widow Henry Alexander. ( J ) 
 
 WHEREAS it has been represented to His Excellency 
 the Governor in Council, that Joel, of Mosambique, 
 Slave of the Widow Henry Alexander, was found dead 
 on the road near the Market-place, behind the Castle, 
 early in the morning of the loth ultimo, and that from 
 the violent marks discovered on his Corpse, there exists 
 no doubt of his having been Murdered : 
 
 (') Allowed by the Home Government.
 
 295 
 
 His Excellency in Council, for the better discovering No. 10. 
 and bringing to Justice the Persons concerned in the 1825. 
 above-mentioned atrocious Murder, is pleased to pro- 
 mise His Majesty's Most Gracious Pardon to any one 
 of them (except the Person who actually Murdered the 
 said Joel, of Mosambique), who shall discover his Ac- 
 complice or Accomplices therein, so that he or they 
 may be Apprehended and Convicted thereof. 
 
 And as a further encouragement, a Reward of Five 
 Hundred Mix-dollars is hereby offered to any Person 
 (except as aforesaid), who shall discover the said 
 Offender or Offenders, so that he or they may be 
 Apprehended and Convicted of the said Crime, together 
 with Freedom to a Slave, should the discovery be made 
 by such Person. 
 
 And in order to give the fullest publicity to this 
 Ordinance besides the usual means of making the 
 same known, it is also hereby directed, that each and 
 every Wardmaster of this Town, and each and every 
 Wardmaster and Field-Cornet in the Cape and Country 
 Districts, and in the Residency of Simon's Town, 
 shall appoint and assemble one Slave from every House 
 or Place in their respective Wards or Field-Cornetcies, 
 and explain or cause to be explained to such Slaves so 
 assembled, in the English, Dutch, and Portuguese 
 Languages, the full meaning of this Ordinance, so that 
 none may remain ignorant thereof; and that they, after 
 having so done, shall report to His Majesty's Fiscal 
 their having complied with this Instruction within the 
 shortest period allowed them for such purpose, as they 
 shall answer for the contrary at their peril. 
 
 And that no Person may plead ignorance hereof, this 
 will be published and affixed in the usual manner. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 
 this 5th Day of September 1 825. 
 
 By Command of His Excellency the Governor, 
 (Signed) R. Plasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) P. G. Brink, Act. Clerk of the Council,
 
 296 
 
 No, 11. Signed, C. H. Somerset. 
 
 Ordinance for assigning to the Office of His Majesty's 
 Fiscal certain Duties specially to be entrusted to his 
 Charge, and for separating therefrom the Admini- 
 stration of the Police. ( a ) 
 
 WHEREAS His Excellency the Governor in Council has 
 taken into serious consideration the various Duties 
 which are at present attached to the Office of His 
 Majesty's Fiscal in this Colony, and the impossibility, 
 under the increase of Business which has taken place 
 within the last few years, that any Officer, however 
 zealous and laborious, can attend to such extensive 
 Duties, either with satisfaction to himself or with ad- 
 vantage to the Public interests : 
 
 And whereas His Excellency in Council has deemed 
 it expedient, that the Administration of the Police shall 
 henceforth be entirely separated from the Office of His 
 Majesty's Fiscal, and shall be entrusted to the charge 
 of an Officer to be specially appointed for the purpose : 
 
 It is hereby enacted and declared, that the Duties of 
 His Majesty's Fiscal shall, from and after the 1st of the 
 ensuing month of November, be limited as follows : 
 
 1st. He shall aid and assist the Government with his 
 Advice on all points of Law, and shall prepare the Drafts of 
 all Legislative Acts proposed to be submitted to His Excel- 
 lency the Governor in Council. 
 
 2d. He shall act as Public Prosecutor in Criminal Cases? 
 where the Offence is Capital, or committed by the Land- 
 drost or other Chief Magistrate within the jurisdiction of 
 the District over which he presides, in whatever part of the 
 Colony such Offences shall have been perpetrated ; and in all 
 Criminal Cases, of whatsoever nature, committed within 
 the jurisdiction of Cape Town, with the exception of such 
 Offences as are specified in the third Section of the Crown 
 Trial, and which are cognizable before one Commissioner of 
 the Court of Justice. Provided, however, that in all Capi- 
 tal Crimes committed within the several Districts of this 
 Colony, or the Residency of Simon's Town, the preliminary 
 investigation and the usual proceedings, as heretofore prac- 
 
 (') Disallowed as being superseded by the Charter.
 
 297 
 
 tised, shall be taken by the respective Landdrosts or No. 11. 
 Resident; and that in the prosecution of such Cases, His 1825. 
 Majesty's Fiscal shall be assisted by the Advocate for the 
 Country Districts. 
 
 3d. He shall have the right of prevention in all other 
 Criminal Cases committed throughout the Colony. 
 
 4th. He shall also act on the part and on behalf of Go- 
 vernment, in all Revenue or Civil Causes, wherein the Go- 
 vernment may be concerned either as Claimant or Defendant, 
 except in the recovery of Fines, Penalties, &c. for the con- 
 travention of Police Regulations, which duty will remain 
 with the Superintendant of the Police. 
 
 5th. In all the aforesaid duties he shall be assisted by his 
 Deputy (being one of the Class of Advocates), to whom he 
 shall have the Power of entrusting all such Cases as may be 
 brought before two Commissioners of the Court of Justice. 
 
 6th. And it is further enacted, that so much of the Pro- 
 clamation of the 3d July 1618, ( 1 ) which declares, that the 
 Deputy Fiscal shall, ex officio, act as Advocate for the 
 Landdrosts of the several Districts in this Colony, and the 
 Resident of Simon's Town, in the prosecution of Criminal 
 Cases, be repealed ; and that such Officer be charged with 
 the duties thereof, as shall hereafter be especially appointed 
 thereto by Government, save and except in Capital Cases in 
 the Districts, which are provided for, as before-mentioned. 
 
 7th. And be it further enacted, that the Duty of ad- 
 ministering Oaths and taking Affidavits, which has hitherto 
 devolved on his Majesty's Fiscal, or his Deputies, shall 
 henceforth devolve on the Sitting Commissioner from the 
 Court of Justice, to whom the Parties wishing to make Oath 
 are in future to apply. 
 
 8th. And it is hereby finally enacted and declared, that 
 no Fee whatever, nor any Allowance which may heretofore 
 have been authorised to be taken by His Majesty's Fiscal, or 
 his Deputies, arising from the Prosecution of Criminal or 
 Civil Matters, or from Shares of Fines, Confiscations, Pe- 
 nalties, &c. shall henceforth be taken or received by the said 
 Officers, or bv any other Persons acting under them ; but 
 that all such Fees which may be authorised by Government, 
 and all such Shares of Fines, Confiscations, Penalties, &c. 
 as abovementioned, shall be carried to the Account of Go- 
 vernment, and paid into the Colonial Treasury. 
 
 (') Repealed.
 
 298 
 
 No 11. And that no Person may plead ignorance hereof, this 
 1825. will be published and affixed in the usual manner. 
 
 God save the King ! 
 Given at the Cape of Good Hope, 
 this 10th Day of October 1825. 
 
 By Command of His Excellency the Governor, 
 
 (Signed) R. Flasket, Sec. to Gov. 
 
 By Order of the Council, 
 (Signed) P. G. Brink, Act. Clerk of the Council. 
 
 No. 12. Signed, C. H. Somerset. 
 
 Ordinance for appointing an Officer to be entrusted 
 with the Administration of the Police, and the 
 Prosecution of Police Cases, arising within the 
 Jurisdiction of Cape Town. (*) 
 
 WHEREAS by the Proclamation, or Ordinance, of His 
 Excellency the Governor in Council, under this day's 
 date, it was decreed, that the Administration of the 
 Police, which had hitherto been attached to the Office 
 of His Majesty's Fiscal, should henceforth be separated 
 therefrom: It is hereby enacted and declared, that from 
 and after the 1st of the ensuing month of November, 
 the Administration of the Police within the jurisdiction of 
 Cape Town shall devolve upon an Officer to be expressly 
 nominated by His Excellency the Governor for that 
 purpose, under the Title of '* Superintendant of Police," 
 who shall be, and he is hereby invested with all the 
 Powers and Authority hitherto granted to His Majesty's 
 Fiscal, in Police matters, and who shall, in conjunction 
 with the Deputy who may be appointed to assist him, 
 be charged with the several Duties hereinafter specified, 
 within the jurisdiction above-mentioned. 
 
 1st. He shall use his utmost endeavours for the suppression 
 of Riots and all other Breaches of the peace. 
 
 2d. He shall hear Complaints and take Informations in a 
 summary way, respecting all Crimes and Transgressions of 
 
 (') Superseded by the Charter. But see Ordinances infra, No. 3G 
 1828, 441828, and No. 41834.
 
 299 
 
 the Laws, and shall report the same to His Majesty's Fiscal, No. 12. 
 in order that the Offenders may be dealt with according to 1825. 
 Law, with the exception of such Offences as are specified 
 in the Third Section of the Crown Trial, as cognizable 
 before one Commissioner from the Court of Justice, in which 
 cases the Superintendant of Police or his Deputy, shall bring 
 the Offenders, with all the information he can procure on 
 the subject before the said Commissioner. 
 
 3d. He shall cause to be removed all Public Nuisances, 
 and attend to the state and cleanliness of the Public Streets. 
 
 4th. He shall maintain Peace and a proper degree of De- 
 corum in all Public Places, and in all lawful Assembles, 
 Societies, Clubs, &c. 
 
 5th. He shall, in concurrence with the Commanding Offi- 
 cers of His Majesty's Ships stationed in Table Bay, with the 
 Captain of the Port, and with the Chief Searcher of Cus- 
 toms, maintain the Port Regulations relating to the Police of 
 the Harbour of Table Bay ; and in cases of Quarantine, 
 Embargo or other Restrictions laid on Vessels anchoring in 
 Table Bay, he shall have the Power to establish temporary 
 Guard Boats for enforcing the compliance with the same. 
 
 6th. He shall watch over and protect the property of In- 
 dividuals in cases of unforeseen accident by Fire, Inundation, 
 Shipwreck, or otherwise. 
 
 7th. He shall superintend the conduct of all Foreigners, 
 and see that the Laws and Regulations, with regard to their 
 Residence in this Colony, be strictly complied with. 
 
 8th. He shall maintain the Police Laws and Regulations 
 relative to Hottentots, Free Blacks, and Slaves. 
 
 9th. He shall cause to be imprisoned all Vagrants and 
 other Offenders, who, according to Law, should be taken 
 into custody. 
 
 10th. He shall superintend the internal Management of 
 the Prisons, and the general Allotment of the Convicts to 
 such Public Works, to which, by their Sentence, they may 
 be assigned. 
 
 1 Ith. He shall, in concurrence with the Burgher Senate, 
 maintain Order, and superintend the Regularity of the Deal- 
 ings in the Public Markets, and in all Taverns and other 
 Public Houses, for the Sale of Eatables, Drinkables, &c. 
 and in all Retail Shops. 
 
 12th. He shall, in like manner, see that the Laws and 
 Regulations respecting the Hire of Coolies, Boats, Waggons, 
 Horses, Cattle, &c, be complied with.
 
 300 
 
 No. 12. 13th. He shall also superintend the Registry of all Births 
 1825. au{ l Deaths, as well as of all Licences, Contracts, Permissions, 
 &c. which have hitherto heen required by Law to be regis- 
 tered in the Office of His Majesty's Fiscal, and shall further 
 act in all other matters of Police not herein specified. 
 
 14th. He shall report to the Sitting Commissioner all 
 cases of Arrest or Imprisonment, within 24 hours of the 
 period of the Arrest or Imprisonment, who shall decide 
 thereon according to the circumstances of the case ; and it is 
 hereby declared illegal for him to detain any one in Arrest 
 beyond that period, unless reported as above directed. 
 
 15th. And it is further enacted and declared, that it shall 
 be unlawful for the Superintendant of Police, and for all 
 Persons acting under him, to take any Fee or Gratuity 
 whatsoever, beyond such Public Fees as may be authorised 
 by Government to be taken in the Department of the Super- 
 intendant of Police, and which shall be carried to the Credit 
 of Government excepting therefrom such Fees only, as 
 hitherto have been received by the subordinate Officers and 
 Servants in the Police Department, for the apprehension of 
 Deserters and the transportation of Prisoners from one place 
 to another, within the Limits of this Colony. 
 
 16. And with a view to enable the Superintendant of Po- 
 lice to carry into effect the important Duties committed to 
 his charge, it is hereby ordered and directed, that all Offi- 
 cers in the Country Districts, and in the Residency of 
 Simon's Town, exercising the Duties of Executive Police, 
 shall correspond with the Superintendant of Police, on all 
 matters requiring his knowledge or interference, and shall 
 attend to all applications or matters of Police which may be 
 made to them by the said Superintendant. 
 
 17th. And it is hereby further required and commanded, that 
 all His Majesty's liege Subjects in this Colony be aiding and 
 assisting to the said Superintendant of Police, when called 
 upon, in the lawful execution of the Duties with which he is 
 hereby entrusted. 
 
 And that no Person may plead ignorance hereof, this 
 will be published and affixed in the usual manner. 
 God save the King ! 
 
 Given at the Cape of Good Hope, this 10th Oct. 1825. 
 By Command of His Excellency the Governor, 
 
 (Signed) R. Flasket, Sec. to Govt. 
 
 By Order of the Council, 
 
 (Signed) P. G. Brink, Act. Clerk of the Council.
 
 301 
 
 No. 13. Signed, C. H. Somerset. 
 
 Ordinance for the Stamping and Signing of a Sum of 
 50,000 Mix-dollars, in Lieu of an equal amount of 
 worn-out and defaced Paper Money. ( J ) 
 
 WHEREAS His Majesty's Receiver General has reported 
 to His Excellency the Governor, that there is at present 
 in his Custody, the Sum of Fifty Thousand Rix-dollars, 
 worn-out and defaced Paper Money, unfit for further 
 circulation : 
 
 These are, therefore, to order and direct, that the 
 Secretary of the Court of Justice, do, on Friday, the 
 2 1st instant, attend at the Colonial Secretary's Office, 
 where, on application to the Colonial Secretary, (in whose 
 custody they are,) he will receive the Stamps, together 
 with the quantity of Cartoon necessary for the purpose, 
 and that he do, in the presence of the Fiscal and two 
 Members of the Court of Justice, who are hereby re- 
 quired to attend at the time aforesaid, at the usual 
 place, and in the usual manner, cause the number of 
 200 Pieces of 250 Rds. each, the backs of which are 
 Green, and marked (250) to be stamped ; which Pieces, 
 when so stamped, are to be delivered by the Fiscal and 
 Members of the Court of Justice aforesaid, to the Colo- 
 nial Secretary, to whom they are also, at the same time, 
 to return the Stamps ; which Stamps, being replaced in 
 the Box in which they are usually kept, the Box shall 
 be sealed with His Excellency the Governor's Seal, and 
 with that of the Court of Justice, and so remain until 
 further wanted ; of all which the Fiscal and Members 
 of the Court of Justice are to make a Public Act of 
 Certification, in the presence of the Court, on the next 
 Court- Day, to be registered in the Records of the Court. 
 And it is further directed, that such stamped Pieces 
 (being regularly marked and numbered, and the value 
 of each Piece, with the Date, duly printed thereon) 
 shall be signed by Messrs. W. Hiddingh, D. J. Kuys, 
 and J. H. Frouenfelder. 
 
 And it is hereby further directed, that such Money 
 so stamped and signed, do remain in the custody of 
 His Majesty's Receiver General, until report be made 
 
 (') Allowed by the Home Government. 
 C C
 
 302 
 
 No. 13. of its being finished, when such further Orders shall 
 1825. be given, as may be expedient. 
 
 And for the several matters herein mentioned, this 
 shall be to all concerned a full and sufficient Warrant. 
 
 And that no Person may plead ignorance hereof, this 
 will be published and affixed in the usual manner. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 
 this 17th Day of October, 125. 
 
 By Command of His Excellency the Governor, 
 (Signed,) R. Flasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed,) P. G. Brink, Act. Clerk of the Council- 
 
 No. 14. Signed, C. H. Somerset. 
 
 Ordinance for abolishing the Duty of 2| per Cent, 
 hvied on Moveable Property bovght in at Public 
 Auction ; and for reducing from 1\ to 1 per Cent, 
 the Duty levied on Jmmoveable Property bought in 
 at Public Auction, if disposed of by Private 
 Contract within Six Weelts after such attempt at 
 Public Sale. (*) 
 
 WHEREAS it has been represented to His Excellency 
 the Governor in Council, that it would be injurious to 
 the Mercantile Interests, as well as to the Revenue 
 accruing to Government, if the Duty of Two and a 
 Half per Cent, levied under the Proclamation of the 
 2d May 1806, ( 2 ) on Moveables bought in at Public 
 Sales, were continued to be exacted : And whereas it 
 has been also found expedient, that the Duty of Two 
 and a Half per Cent, on Immoveable Property exposed 
 to Public Sale and bought in, if the same be disposed 
 of by Private Contract within six weeks after such 
 attempt at Public Sale, should be reduced : 
 
 (') Disallowed by the Home Government. 
 (") Vide supra p. 15.
 
 303 
 
 Be it therefore enacted, that the 1st and 2d Sections No. 14, 
 of the Proclamation of the 2d May 1806, wherein it 1825. 
 is directed, that on all Moveable Property exposed to 
 Public Sale and bought in by the Owner or Proprietor 
 thereof, One Half of the usual Duties are to be levied, 
 and that the Whole of the Vendue Duties are to be 
 levied on Immoveable Property, which having been 
 exposed to Public Sale and bought in by the Owner or 
 Proprieter thereof, may be disposed of by Private Sale 
 within six weeks from the day on which it was offered 
 for Sale at Public Auction, shall be, and the same are 
 hereby repealed. 
 
 And be it further enacted, that from and after the 
 date of this Ordinance no Duty shall be levied on, 
 Moveable Property exposed to Public Sale and bought 
 in by the Owner or Proprietor thereof; and that in 
 case of the Sale of Immoveable Property, if the same 
 shall have been exposed to Sale at Public Auction, and 
 being bought in by the Owner or Proprietor thereof, 
 shall be afterwards disposed of by Private Contract 
 within six weeks from the day it was offered for Public 
 Sale, then an Auction Duty of One per Cent, only 
 shall be levied on the amount for which the same has 
 been disposed of by Private Contract, in lieu of Two 
 and a H alf per Cent, as has been heretofore usual. 
 
 And that no Person may plead ignorance hereof, this 
 will be published and affixed in the usual manner. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 
 this 17th Day of October 1825. 
 
 By Command of His Excellency the Governor, 
 
 (Signed) R. Plasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) P. G. Brink, Act. Clerk of the Council.
 
 304 
 No. 15. Signed, C. H. Somerset. 
 
 Ordinance for destroying the Sum of 50,000 JRix-dol- 
 lars old and defaced Paper Money. (*) 
 
 WHEREAS the Paper Money, stamped and signed ac- 
 cording to the Ordinance of the 17th October, to the 
 amount of 50,000 Rix- dollars, has been placed in the 
 custody of J. W. Stoll, Esq., His Majesty's Receiver 
 General, in order to be exchanged with an equal quan- 
 tity of worn-out and defaced Money, which is also in 
 the hands of the said Receiver General : 
 
 These are therefore to require and direct, that D. 
 Denyssen, Esq., His Majesty's Fiscal ; W. Hewetson, 
 Esq., Assistant Commissary General, together with 
 two Members of the Court of Justice, and two Mem- 
 bers of the Burgher Senate, to be appointed by the 
 Court and Senate, do meet at the Office of Revenue, 
 on Monday next, the 14th instant, at 10 o'clock, 
 and that they do then and there receive from J. W. 
 Stoll, Esq., His Majesty's Receiver General, the 
 abovementioned sum of 50,000 Rix-dollars, and, after 
 examining the same, that they do, in their presence, 
 cause the same to be publicly burned and destroyed. 
 
 And in case the examination of the several Pieces of 
 Money which constitute the above Sum of 50,000 
 Rix-dollars, cannot be concluded in one day, they are 
 then, and in that case, to adjourn, and proceed therein 
 as shall appear best to them ; but so as to finish and 
 conclude in the shortest time possible. And it is 
 further directed, that the several Persons above- 
 mentioned, do sign three Certificates of their pro- 
 ceedings herein, to be drawn up and prepared by 
 Mr. C. M. Zastron, Clerk in the Colonial Secretary's 
 Office, under the direction ot the Fiscal, two of which 
 Certificates are to be delivered to J W. Stoll, Esq., 
 as his Discharge for the sum of 50,000 Rix-dollars, 
 with which he now stands charged to His Majesty, and 
 the other is to be lodged in the Records of the Court 
 of Justice, by the Fiscal and the Members thereunto 
 
 (') Allowed by the Home Government.
 
 305 
 
 belonging, at the next Meeting after the signing as No. 15. 
 above directed. 1825. 
 
 And His Majesty's Fiscal is hereby also directed to 
 require and demand of the Court of Justice, within 14 
 days after the lodging of such Certificate as abovemen- 
 tioned, that they do pass a Public Act, under their 
 Hand, and the Seal of the Court, certifying and declar- 
 ing all their proceedings, which have been held and have 
 taken place, with regard to the. stamping and signing of 
 the several pieces of Money, as expressed in the Or- 
 dinance of 17th October; as also, of the exchanging 
 and destroying of worn-out and defaced Money, 
 equivalent thereto, annexing to, or including in such 
 their Act, authentic copies of the several certificates 
 lodged as directed in their Records which Public 
 Act is to be presented to HisExcellencythe Governor, 
 to be disposed of in such manner as His Excellency 
 may think expedient for the satisfaction of His Majes- 
 ty in the premises. 
 
 For all which this shall be to all concerned a full 
 and sufficient warrant and authority. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 
 this 7th day of Nov. 1825. 
 
 By Command of His Excellency the Governor, 
 
 (Signed) R. Plasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council. 
 
 cc2
 
 306 
 
 No. 16. Signed, C. H. Somerset. 
 
 Ordinance for opening the Trade in Cattle with tlte 
 Caffre Tribes, at the Fair established by Govern- 
 ment at Fort Willshire, and at such other Fairs as 
 may hereafter be established by Government for 
 that purpose. (*) 
 
 WHEREAS it has been found from experience that the 
 temporary prohibition of Barter in Cattle, between the 
 Colonists and the Caffre Tribes, at the Fair established 
 at Fort Willshire, as contained in His Excellency the 
 Governor's Proclamation of the 23d July 1824, has 
 occasioned constant Smuggling in that Article, and has 
 been attended with the most pernicious consequences 
 to the Peace and Tranquillity of the Frontier : 
 
 Be it therefore hereby enacted, that so much of the 
 Proclamation of 23d July 1824, as contains the aforesaid 
 temporary prohibition of Barter in Cattle, shall be, 
 and the same is, hereby repealed : And be it further 
 enacted and declared, that the Colonists who are or 
 may be Licensed to Traffic with the Caffre Tribes, at 
 the Fair established at Fort Willshire, or at such other 
 Fairs as may hereafter be established on the Frontier 
 for that purpose, shall be henceforth allowed to carry 
 on a Trade in Cattle with the Caffre Tribes, under the 
 Regulations laid down for such Fairs. 
 
 The general prohibition to all Persons not Licensed 
 as aforesaid, and at all Times and Places not excepted 
 in the Proclamation of the 23d July 1824, or in other 
 Laws or Proclamations, remaining in their full force. ( s ) 
 And that no Person may plead ignorance hereof, this 
 will be published and affixed in the usual manner. ( :! ) 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 17th Nov. 1825. 
 By Command of His Excellency the Governor, 
 
 (Signed) R. Plasket, Sec. to Gov. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council. 
 
 (') Allowed by the Home Government, But repealed by the Ordi- 
 nance No. 23. 
 
 (*) Vide Ordinance No. 4, 1825, p. 277 
 
 ( 3 ) This Ordinance repealed by No. 231826, and vide Ordinance 
 No. 81-1830.
 
 307 
 
 No. 17. Signed, Rich. Bourke. 
 
 Ordinance for Removing all Prohibition to the Im- 
 portation of Grain and Flour into the Ports of 
 these Settlements, for a Limited Time. ( a ) 
 
 WHEREAS it is necessary to provide against theinjuri' 
 ous consequences which may result to this Colony, from 
 the General Failure of the Grain Crops at the last Har- 
 vest, and to remove all Prohibition to the Importation 
 of Grain and Flour into the Ports of these Settlements, 
 for a time to be limited : 
 
 It is therefore enacted by the Lieutenant Governor in 
 Council, that from and after the publication of this 
 Ordinance, and for the period during which it shall 
 continue to be in force, the 5th Section of the Procla- 
 mation of the 8th February 1822, shall stand repealed, 
 and be of no effect. 
 
 And it is further enacted, that all Pulse, Grain, and 
 Flour, of whatever description, shall be admitted into 
 any of the Ports of this Colony, from the Date hereof, 
 until the 31 st day of December of the present year 1826, 
 upon Payment of the following Duties of Customs, and 
 no more : that is to say, a Duty of Three per Cent. 
 ad valorem, upon all Pulse, Grain, and Flour, im- 
 ported in British or Foreign Ships. 
 
 And it is further enacted that this present Ordinance 
 shall be in force until the 31st day of December next, 
 and no longer. 
 
 And that no Person may plead ignorance hereof, this 
 will be published and affixed in the usual manner. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 3d April 1826. 
 By Command of His Honor the Lieutenant Governor,. 
 (Signed) R. Flasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council 
 
 (') Disallowed by the Home Government.
 
 308 
 
 No. 18. Signed, Rich. Bourke. 
 
 Ordinance for separating the Jurisdiction of the 
 Commissioner of the Court of Justice, to be ap- 
 pointed to take Cognizance of all Matters set forth 
 in the 3d Section of the Crown Trial, from the 
 Duties of the other Members of the Court, and 
 making his Office Permanent ; and for the further 
 Regulation of the Duties to be performed by the 
 said Commissioner. ( ] ) 
 
 WHEREAS from the increase of Population in Cape 
 Town and its Vicinity, it has been found necessary to 
 establish an Executive Police therein ; And whereas it 
 is expedient, in order to give effect to that Establish- 
 ment, and for the speedier Administration of Justice, 
 that a Magistrate should be in daily attendance, to 
 take cognizance of all such Matters, and to dispose, 
 according to Law, of all such Persons as shall be 
 brought before him by the Police as aforesaid : And 
 whereas there are monthly Commissioners from the 
 Court of Justice, appointed in rotation, for the dis- 
 patch of Business in Cape Town and within the juris- 
 diction thereof, one of whom it is expedient to make 
 permanent for the purposes aforesaid It is therefore 
 hereby enacted : 
 
 1st. That it shall and may be lawful for the Governor, for 
 the time being, of this Colony, with the approval of His Ma- 
 jesty, through one of His Principal Secretaries of State, to 
 declare ai.d appoint one of the Members of the Court of 
 Justice to be a Permanent Sitting Commissioner, and that 
 such Commissioner so to be appointed shall not be relieved 
 in monthly rotation with the other Members, as set forth in 
 the Crown Trial, but shall continue to sit apart in an Office 
 to be provided for him, and shall discharge such of the 
 Duties now performed by one Sitiing Commissioner, as are here- 
 inafter expressed, subject to such Alterations and Provisions 
 as are hereinafter enacted, and with liberty to take his Seat 
 in the Full Court when required by the Chief Justice, or 
 when convenient for him so to do ; save and except in Cases 
 of Appeal from Sentences passed by himself in which Cases 
 it shall not be lawful for the Sitting Commissioner to attend 
 the voting or the deliberations of the Court. 
 
 (') Disallowed as being superseded by the Charter. Vide alsw 
 Ordinance No. 301828, and No. 44, 16.
 
 309 
 
 2d. And it is hereby enacted, That the Sitting Corarais- No- 18. 
 
 sioner appointed as aforesaid, shall take cognizance of all J826. 
 
 Matters set forth in the 3d Section of the Crown Trial Articles, 
 
 Nos. 91 and 92, as subject in Cape Town and the jurisdiction 
 
 thereof to the decision of one Commissioner from the Court 
 
 of Justice ; That is to say ''All Misdemeanors, which are 
 
 ' not subject to a more severe Punishment than Correction in 
 
 1 the Public Pris n, Temporary Imprisonment, Fines, and 
 
 'Confiscations, in those cases where the Law has positively 
 
 ' prescribed the same, and all Transgressions of Penal Law, 
 
 ' relative to the Public Revenue and Police. All complaints 
 
 'of Masters of Ships against their Seamen, of Tradesmen 
 
 ' and others against their Appren ices, of Masters against 
 
 ' their Servants, whether Freemen or Slaves, and vice versa ; 
 
 ' and further all complaints of Parents against their Children; 
 
 'and, in general, all complaints lodged with the Magistrate, 
 
 'not capable of amicable arrangement, or in which the 
 
 'Magistrate shall not be able to effect an amicable ar- 
 
 ' rangement between the Parties, and in which cases the Public 
 
 ' Interest requires that the Party complained of should receive 
 
 ' correction proportionate to the Misdemeanor." 
 
 3d. And it is hereby enacted, That the Superintendant of 
 Police, or, in his necessary absence, his Deputy, shall act 
 as Public Prosecutor before the Sitting Commissioner ; and 
 the Proceedings before him shall be conducted, and Appeals 
 from his Sentences shall be lodged and proceeded in, in the 
 manner set forth in the 3d and 4th Sections of the Crown 
 Trial, with respect to Cases subject to the cognizance of one 
 Commissioner from the Court of Justice, or in such other 
 more summary manner as the Sitting Commissioner, with 
 the approval of the Court of Justice, and of the Governor, 
 for the time being, in Council, shall hereafter direct; pro- 
 vided always, that no Appeal shall be allowed in cases where 
 the Fine shall not exceed ' 5, or the period of imprisonment 
 One Month. 
 
 4th. And it is hereby enacted, That all Persons appre- 
 hended by the Police in Cape Town, and the jurisdiction 
 thereof, by Virtue of any Decree, Warrant, or otherwise, 
 shall be brought with all convenient speed before the said 
 Commissioner, whether at his Office or private dwelling, to 
 be dealt with according to Law ; and all Persons taken up 
 at night, for Riot, Drunkenness, Vagrancy. suspicion of Crimi- 
 nal Designs, or otherwise apprehended by Virtue of any Law 
 now existing, or hereafter to be enacted in this Colony, and 
 lodged by the Police or Watchmen, in any Prison or Watch- 
 House in Cape Town, or within the jurisdiction thereof*
 
 310 
 
 No. 18 shall be brought before the said Commissioner, immediately 
 1826. on the opening of his Office the next morning; and the Com- 
 missioner shall proceed forthwith to examine all such Per- 
 sons, and shall decide in their respective ca*es according to 
 Law, and shall, if necessary, commit them to Prison, or 
 hold them to Bail for Trial on a future day, or for further 
 examination, or shall discharge them, as to him shall seem 
 fit ; provided always, that any Person so committed for 
 further examination, shall within six days from the time when 
 such Person was first brought before the said Commissioner, 
 be either tried or fully committed for Trial, or held to Bail, 
 or altogether discharged ; and provided always, that if there 
 shall be brought before the said Commissioner, any Person 
 or Persons accused of any Crime, the investigation of which, 
 is not by this Ordinance assigned to him, but whom he shall 
 nevertheless, upon grounds which shall appear to him suffi- 
 cient, think fit, to commit to prison for examination before 
 the competent Court, and which, in such cases, he is hereby 
 authorised and required to do, he shall forthwith give notice 
 of such committal to His Majesty's Fiscal, who is hereby 
 required to take such further measures therein as the Law 
 may direct ; and provided further, that if any Persons shall 
 be apprehended and lodged in any Prison or Watch-House 
 in Cape Town, or the jurisdiction thereof, in the manner 
 hereinbefore described, on the night of Saturday, or in the 
 night preceding any Holiday on which the said Commissioner 
 does not sit at his Office, it shall and may be lawful for him, 
 and he is hereby required, to cause such Persons to be brought 
 before him at an early hour of the next morning, either at 
 his Private Dwelling, or at the Prison or Watch-House, as 
 to him may seem fit, and after a summary examination of 
 such Persons, to commit them until the next ensuing Court 
 Day, or hold them to Bail, or discharge them as the case 
 may require. 
 
 5th. And the said Commissioner is hereby authorised and 
 required, to direct the Accuser or Prosecutor (not being the 
 Public Prosecutor) of any Person whom he shall commit, or 
 hold to Bail for Trial, as aforesaid, as likewise any Witness 
 who, having been examined before the said Commissioner, 
 has given Evidence which, in his opinion, may tend to the 
 conviction of the Accused, to enter severally into a Recog- 
 nizance, to prosecute or give Evidence, in such amount as 
 the said Commissioner shall think fit, not exceeding the Sum 
 of Twenty Pounds ; and in case of Refusal so to do, to 
 commit the said Accuser, or Witness, to Prison, for a period 
 not exceeding Two Months.
 
 311 
 
 Bth. And it is hereby further enacted, That no Person shall, No. 18. 
 in any instance, be kept or detained in confinement by the 1826. 
 Police in Cape Town, or within the jurisdiction thereof, for 
 a longer period than Twenty-four Hours, under any circum- 
 stance or pretence whatsoever, without being brought before 
 the Sitting Commissioner, or other competent Magistrate, 
 to be dealt with according to Law, as aforesaid : And the 
 Sitting Commissioner is hereby authorised and required to 
 examine into any complaint that may be made before him, 
 of any Person or Persons detaiued in custody by the Officers 
 of Police for a longer period than Twenty -four Hours without 
 being brought up as aforesaid, or into any Complaints of 
 vexatious or frivolous Arrest by the same, and to punish the 
 Offenders by Fine not exceeding Five Pounds, or Imprison- 
 ment not exceeding Two Months, as to him shall seem fit. 
 
 7th. And it is hereby enacted, That the Sitting Commis- 
 mioner shall further have the Power heretofore exercised by 
 His Majesty's Fiscal, under the 95th Article of the Crown 
 Trial, Section 3d, of binding over to keep the Peace, in 
 the mode pointed out by that and the following Articles, 
 all such Persons whom he may have reason, upon information 
 on Oath, as therein specified, to suspect of future Misbeha- 
 viour tending to a Breach of the Peace within the jurisdic- 
 tion assigned to him. 
 
 8th. Provided always, and be it also enacted. That if any 
 Person, in consequence of an Order of the Sitting Commis- 
 sioner, binding him or her over to keep the Peace, feels 
 aggrieved by unjust Suspicion, or by the nature or extent 
 of the Security required, or by Committal in default thereof, 
 it shall be lawful for such Person to make application by 
 Memorial to the Court of Justice, setting forth his or her Grie- 
 vances, and requesting the Court to rescind or mitigate the 
 Order of the Sitting Commissioner on the receipt of which, 
 the Court shall, after due investigation, decide therein as to 
 the Court shall seem meet ; provided always, that the Order 
 of the Sitting Commissioner shall remain in full force and 
 effect until rescinded or mitigated by the Court. 
 
 9th. And whereas one of the Sitting Commissioners from 
 the Court of Justice is empowered by the 7th Article of the 
 Ordinance of His Excellency the Governor in Council, No. 
 12, of the 10th October 1825, to administer Oaths, and to 
 take voluntary Affidavits, it is hereby enacted, That the 
 permanent Sitting Commissioner shall have, and he is hereby 
 authorised and required to exercise a similar Power. 
 
 10th. And it is further enacted, That the permanent
 
 312 
 
 No. 18 Sitting Commissioner shall sit daily, (Sundays and Govern- 
 1826, ment Holidays exccptcd,) from 10 o'clock A. M. until 4 o'clock 
 p. M. unless prevented by sickness or other unavoidable cause ; 
 and in case of such necessary absence of the Sitting Commis- 
 sioner, it shall be lawful for the Governor, for the time 
 being, of this Colony, to nominate some fit and proper Per- 
 son to act for him, in the execution of the Powers and Autho- 
 rities with which the said Sitting Commissioner is hereby 
 invested ; and in case of any sudden emergency, when 
 reference to the Governor as aforesaid cannot conveniently be 
 made, it shall and may be lawful for another Member of the 
 Court of Justice, to discharge the Duties of the permanent 
 Sitting Commissioner, for a period "ot exceeding three days 
 at any one time. 
 
 llth. And it is further enacted, That nothing herein con- 
 tained, shall supersede the appointment of the two Sitting 
 Commiss. oners from the Court of Justice, as regulated by 
 the Crown Trial, nor the discharge by thorn of any of their 
 Duties, whether sitting separately or together ; save and 
 except, those Duties which arc hereby transferred to the per- 
 manent Sitting Commissioner. 
 
 12th. And be it further enacted, That this Ordinance 
 shall take effect, and be in force, in Fourteen Days from and 
 after tbe date hereof. 
 
 And that no Person may plead ignorance hereof, this 
 will be published and affixed in the usual manner. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 29th May 1 826. 
 By Command of His Honor the Lieutenant Governor, 
 (Signed) R. Flasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council.
 
 313 
 
 No. 19. Signed, Rich. Bourke. 
 
 Ordinance for improving the Condition of the Slaves 
 at the Cape of Good Hope. ( l ) 
 
 WHEREAS the propagation of Christianity, and the ge- 
 neral diffusion of Religious Instruction amongst Slaves, 
 will tend, beyond any other measure, to promote Mora- 
 lity amongst them, and to improve their condition and 
 conduct: And whereas it is necessary that provision 
 should be made for the regular attainment of these ob- 
 jects, within the Colony of the Cape of Good Hope 
 and its Dependencies : And whereas the Inspector of 
 Slave Registry hath hitherto acted as the Recorder of 
 the Rights and Privileges of the Slave Population within 
 the same ; It is hereby enacted and declared, That the 
 said Inspector of Slave Registry shall be, and he is 
 hereby appointed Registrar and Guardian of Slaves in 
 this Colony and its Dependencies ; and that, as such 
 Registrar and Guardian of Slaves, he shall receive and 
 be paid at the time and in the manner hereinafter men- 
 tioned, such Salary as His Majesty shall be pleased to 
 appoint; and that such Salary shall commence from and 
 after the First Day of July next: and that, on or before 
 that day, if possible, or, if not, then so soon after as 
 conveniently may be, the said Registrar and Guardian 
 of Slaves shall appear before the Governor, or Acting 
 Governor, for the time being, and in his presence shall 
 take and subscribe an Oath, in the following words- 
 that is to say : 
 
 " 1, A. B. do swear, that I will, to the best of my 
 "knowledge and ability, faithfully execute and 
 " preform the Duties of the Office of Registarand 
 " Guardian of Slaves at the Cape of Good Hope, 
 " without fear, favor, or partiality. 
 
 So help me God./ 
 
 Provided, nevertheless, and it is hereby ordered, that 
 nothing herein contained shall extend to prevent His 
 Majesty from disuniting the Office of Guardian of Slaves 
 from the Office of Registar of Slaves, and from appoint- 
 
 (') Allowed by the Home Government, but repealed by Order in 
 Council, 2 Feb. 1830. Act 3 and 4, W. IV., c. 73, and Ordinance 
 No. 11835. 
 
 DD
 
 314 
 
 No.19. ing a distinct and separate Officer to act as, and to be, 
 1826. Guardian of Slaves, in case His Majesty should see fit 
 so to do. 
 
 2d. And it is hereby further enacted, That the said 
 Registrar and Guardian of Slaves shall establish and 
 keep an Office in Cape Town, and shall regularly attend 
 at such Office on such days, and during such hours of 
 the day, as the Governor, or Acting Governor, by any 
 general or special Orders to be by him from time to time 
 issued, may appoint ; and shall at such Office, and not 
 elsewhere, keep, deposit, and preserve, the several Re- 
 cords, Books, Papers, and Writings, hereinafter direc- 
 ted to be kept by him. 
 
 3d. And it is further enacted, That the said Registrar 
 and Guardian of Slaves shall not be the Owner or Pro- 
 prietor of any Slaves or Slave employed or worked 
 upon any Estate, or in any kind of Agnculture, and 
 shall not have any share or Interest in, or any Mortgage 
 or Security upon any such Estate, Slaves or Slave, and 
 shall and is hereby declared to be incompetent to act as, 
 or be the Manager, Overseer, Agent, or Attorney of, 
 for or upon any such Estate; or to act as the Guardian, 
 Trustee, or Executor, of any Person or Persons having 
 or being entitled to any such Estate, or any Slaves or 
 Slave: And in case any such Registrar and Guardian 
 of Slaves shall have, acquire, hold, or possess, either 
 in his own right, or in right of his Wife, or in trust for 
 any other Persons or Person, any such Estate situate 
 within the Colony, or any Slaves or Slave employed or 
 worked upon any Estate or in any kind of Agriculture, 
 or any Share or Interest in, or any Mortgage or Security 
 upon any such Estate or Slaves or Slave, or shall act as 
 such Manager, Overseer, Agent, Attorney, Guardian, 
 Trustee, or Executor, as aforesaid, he shall hencefortth, 
 de facto, cease to be such Registrar and Guardian of 
 Slaves, and forfeit such his Salary, and some other fit 
 and proper Person shall forthwith be appointed to suc- 
 ceed to the said Office ; Provided, nevertheless, that all 
 Acts which may be done by, or by the Order of any 
 such Registrar and Guardian of Slaves, after any such 
 avoidance as aforesaid of such his Office, and before the 
 same shall, by Public Notice in the Gazette of the 
 Colony, be declared void, shall be as valid and effectual
 
 315 
 
 in the Law, as if no such avoidance of Office had oc- No. 19, 
 curred. 1826. 
 
 4th. And it is further enacted, That the said Registrar 
 and Guardian of Slaves shall be resident within the 
 Colony, and shall not quit the same, without a Special 
 Licence, to be granted for that purpose by His Majesty, 
 through one of His Principal Secretaries of State, or by 
 the Governor, or Acting Governor, for the time being*, 
 of the Colony; and no such Licence shall in any case be 
 granted for any time exceeding- Three Months, nor shall 
 any such Licence be granted by any such Governor, or 
 Acting Governor, as aforesaid, unless it shall be made to 
 appear to him, on the Oath of some Medical Practitioner, 
 that such absence is necessary for the recovery of the 
 Health of the said Registrar and Guardian of Slaves. 
 
 5th. And it is further enacted, That upon the Death 
 or Resignation of the said Registrar and Guardian of 
 Slaves, or in event of his Sickness, or other bodily or 
 mental incapacity, or during his temporary absence from 
 the Colony, it shall be lawful for the Governor, or Act- 
 ing- Governor, to nominate, and appoint some other fit 
 and proper Person to act as the Deputy for the said 
 Registrar and Guardian of Slaves, until His Majesty's 
 pleasure shall be known ; and the said Deputy shall 
 receive such allowance to be deducted from and out of 
 the Salary of the said Registrar and Guardian of Slaves,, 
 as the Governor, or Acting Governor, for the time being, 
 of the Colony, shall be pleased to appoint: Provided 
 always, that no Person shall be appointed or be com- 
 petent to act as such Deputy as aforesaid, who accord- 
 ing to the provisions of this order, would be incom- 
 petent to act as the Registrar and Guardian of Slaves : 
 Provided also, that the Registrar and Guardian of Slaves 
 in the Colony, shall at all times perform his duty in Per- 
 son, and not by Deputy, except only in cases in which 
 the Governor, or the Acting Governor, of the said Colony, 
 is hereinbefore authorised to appoint a Deputy for that 
 purpose. 
 
 6th. And it is hereby further enacted, That the persons 
 who now are, or may be hereafter appointed, to act as 
 Registrars of Slaves, in the several Districts within the 
 Colony, shall be so long as the two Offices of Registrar
 
 316 
 
 No 19- an( J Guardian of Slaves may be combined tog-ether anrf 
 1826. ^ey are hereby declared to be, Assistant Registrars and 
 Guardians of Slaves, in their several and respective Dis- 
 tricts, and the said Assistant Registrars and Guardians 
 of Slaves, shall and are hereby required in their several 
 and respective Districts, to be aiding and assisting- the 
 Registrar and Guardian of Slaves, in the execution of the 
 powers hereby committed to him ; and for that purpose, to 
 obey and carry into execution, such lawful Instructions as 
 they may from time to time receive from him, about or 
 in relation to the matters herein mentioned, or any of 
 them. 
 
 7th. And it is hereby further enacted, That in all 
 Actions, Suits, and Prosecutions, which may at any time 
 hereafter be brought or commenced in any Tribunal or 
 Court of Justice, within the Colony, wherein any Slaves 
 may be charged with any offence punishable by Death, 
 Banishment, or Transportation ; or wherein any question 
 may arise as to the right of any alleged Slave to Freedom; 
 or wherein any Person may be charged with the Murder 
 of any Slave, or with any offence against the person of 
 any Slave ; or wherein any question may arise respecting 
 the right of any Slave to any such Property as he or she 
 is hereinafter declared competent to acquire, then, and in 
 every such case, such Notice shall be given to the Regis- 
 trar and Guardian of Slaves, or to his Assistants in the 
 several Districts as the case may be, of every such Action, 
 Suit, or Prosecution, as, according to the Law of the 
 Colony, would be given to the said Slave, if he or she 
 were of Free condition ; and the Registrar and Guardian 
 of Slaves( or his Assistant, if in a Country District,) shall, 
 and he is hereby required to attend the Trial or hearing, 
 and all other the Proceedings in every such Action, Suit, 
 or Prosecution, as the Guardian of such Slave, and on his 
 or her behalf, and to act therein in such manner as may 
 be most conducive to the benefit and advantage of such 
 Slave. 
 
 8th. And whereas His Majesty is anxious to make the 
 most effectual Provision for the Religious Instruction, 
 and the exercise of Religious Worship, of the Slaves in 
 the Colony, it is hereby further ordered, That all Sunday 
 Markets shall be abolished and prohibited, and be 
 absolutely unlawful: Provided always, that nothing
 
 317 
 
 herein contained, shall prevent any Individual from No. 19. 
 Selling Vegetables, Meat, or other Articles of Provision, 1826. 
 on a Sunday, except during Divine Service : And it is 
 further ordered, That no Slaves shall be deprived, 
 by their Masters, of the right of attending- at Church, 
 or other Place of Religious Worship on Sundays, under 
 a Penalty of Twenty Shillings for every such Offence 
 unless justifiable cause can be shewn for such preven- 
 tion. 
 
 9th. And it is hereby enacted, That Sunday being 1 
 commanded in all Christian States to be a Day of Rest, 
 it shall be illegal to procure, induce, or compel any Slave 
 to perform or engage in any Labour, for the Profit of 
 his or her Owner, Manager or Employer, on the Sabbath 
 Day ; or for any Slave to hire himself or herself to work, 
 either to his or her Owner or Manager or to any other 
 Person, on the Sabbath Day ; and any Person so offend- 
 ing shall incur and become liable to a Fine, not exceed- 
 ing Five Pounds Sterling, nor less than One Pound 
 Sterling; Provided, nevertheless, that nothing herein, 
 contained shall extend, or be construed to extend, to 
 any Work or Labour which any Slave may perform 
 on Sunday, or the necessary Attendance upon the 
 Person or in the Family of his or her Owner or 
 Employer, or in the necessary and unavoidable pre- 
 servation of the Cattle or Live Stock upon any Country 
 Place: Provided, nevertheless, and it is hereby declared, 
 that in case it shall be absolutely necessary for carrying 
 on the indispensable Labours of the Field or the Vine- 
 yard, on pressing occasions, or for the preservation of the 
 Crops or Produce upon any Plantation or Estate in the 
 Colony, and for the prevention of essential injury to the 
 same, to work and employ thereupon any Slaves or Slave, 
 on the Sabbath Day; and if any such Slaves or Slave 
 shall in any such special case, voluntarily consent and 
 agree to work upon any such Plantation or Estate, for 
 the purpose aforesaid, nothing in this Order contained 
 doth extend, or shall be construed to extend, to prevent 
 any such Slaves or Slave from hiring themselves, him- 
 self, or herself (either to his or her Owner, or to any 
 other Person), to work upon any such Plantation or 
 Estate, on the Sabbath Day : Provided always, that no 
 such Slave shall or may lawfully be so hired to work on 
 the Sabbath Dav, in the Service of any Person or Per- 
 
 DD2
 
 318 
 
 No. 19. sons, except their, his, or her Owner or Manager, unless 
 1826. with the special consent in writing of such Owner or 
 Manager: Provided also, that the Registrar and Guar- 
 dian of Slaves shall, by Notices to be by him from time 
 to time issued in the usual ami most Public Manner, 
 signify the lowest Rate of Wages at which Slaves may, 
 during the period of Six Calendar Months next ensuing 
 the Date of every such Notice, hire themselves, either 
 to their respective Owners or with the consent of their 
 respective Owners or Managers, to work on a 
 Sunday, for the special purpose of the preservation of 
 the Crops or Produce upon any Plantation or Estate in 
 the Colony, in which Notices shall be stated the different 
 Rates of such Wages payable to the Slaves so hiring 
 themselves, according to the age and sex of such Slaves, 
 and according as they may be Field Negroes or Artifi- 
 cers. And no hiring of any Slave for any such special 
 purpose as aforesaid, shall be a Legal Hiring, or shall be 
 exempted from the Penalties of this Ordinance, unless 
 such Slave shall actually receive and be paid for his or 
 her own use and benefit, Wages at not less than the 
 Rate so to be fixed by any such Public Notice as afore- 
 said. And it is further declared, that nothing in this 
 Ordinance contained shall extend, or be construed to 
 extend, to prevent the Employment on Sunday of any 
 Slave or Slaves as a Watchman or Watchmen, upon 
 any Estate or Plantation, or in nursing or attendance on 
 the Sick, or in attendance upon the Person, or in the 
 Family of his or her Owner or Manager, or in perform- 
 ing or making preparations for any Interment, or in 
 extinguishing any Fire, or otherwise in preventing any 
 irreparable Damage or Injury to the Property of his or 
 her Owner, Employer, or Manager; and no Slave so 
 employed shall be entitled to any Hire or Wages for such 
 his or her Services: Provided, nevertheless, that no 
 Slave shall be employed on the Sabbath Day in Field 
 Labour, or in any of the ordinary Works upon any 
 Plantation or Estate, upon the pretence or by reason 
 that any irreparable Injury would arise from the post- 
 ponement of such Labour; unless such Slave shall 
 voluntarily engage in the same, and shall for such his 
 Labour receive and be paid such Hire' and Wages as 
 aforesaid.
 
 319 
 
 10th. And it is hereby further enacted, That every No, 19. 
 Slave within this Colony and its Dependencies, as afore- 1826, 
 said, shall be supplied by his or her Owner or Manager 
 with sufficient and wholesome Food, and with good and 
 sufficient Clothing; and in case of dissatisfaction relating 
 thereto, appeal may be made by either party, to the 
 Local Authority ; and in case of deficiency, or bad 
 quality of Food or Clothing being proved, then, and in 
 every such case, the Owner or Manager shall incur, 
 and be liable to, a Penalty of Fifty Shilling's for the first 
 Offence, and of Five Pounds Sterling 1 for a second 
 Offence ; and in case, on the contrary, the Complaint 
 be proved to be unfounded and frivolous, the Com- 
 plainant shall be condemned to such legal Punishment 
 as the nature of the case shall be found to require. 
 
 llth. And it is hereby further enacted and declared* 
 That Slaves employed in Garden or Field Labour, shall 
 not be compelled to work more than Ten Hours, in each 
 Twenty-four Hours, from the 1st April, to the 30th 
 September, nor more than Twelve Hours, from the 1st 
 of October, to the 31st March inclusive, except during 
 Ploughing or Harvest Seasons, or on other extraordinary 
 occasions of unavoidable necessity: Provided always, 
 that during the Ploughing and Harvest Seasons, or in 
 cases of unavoidable necessity, a fair remuneration be 
 made to the Slave or Slaves, in Money or by an addi- 
 tional proportion of Food, at the option of the Slave, 
 to be decided, in case of appeal, by the Local Magis- 
 trate ; and in case any Owner or Manager shall be 
 proved to have transgressed any of the Provisions of this 
 Clause, every such Owner or Manager shall be liable 
 to, and incur a Penalty, not exceeding- Five Pounds 
 Sterling-, nor less than One Pound Sterling. 
 
 12th. And it is further enacted, That it is, and shall 
 henceforth be illegal for any Proprietor, or any Person 
 employed by him or in his behalf, to inflict any Punish- 
 ment on a Male Slave, beyond Twenty-five Stripes in 
 one day, or with any Instrument of greater severity than 
 those which now are, or hereafter may be, ordered to 
 be used within the Prisons of the District where such 
 Proprietor or Slave may reside, which Punishment, is 
 not in any case to be repeated, until the Delinquent 
 shall have recovered from the effects of the former Cor-
 
 320 
 
 No. 19. rection, under a Penalty, in breach of any of the Pro. 
 
 1826. visions of this Clause, not exceeding Ten Pounds Ster. 
 
 ling", nor less than Five Pounds Sterling, for each offence. 
 
 13th. And it is further enacted, That from and after 
 the publication of this Act, no Female Slave shall be 
 liable to be publicly Flogged for any Offence; but all 
 Female Slaves offending against any of the existing 
 Laws of the Colony, in cases where their Proprietors, 
 or Persons employed by them, or in their behalf, are 
 authorised to interfere and decide, may be punished, if 
 in health, by Solitary Confinement wither without Work, 
 in any dry and proper place, for moderate periods, pro- 
 portionate to their Offence, and in no case exceeding 
 Three Days ; or committing any Domestic Offence, by 
 Whipping privately on the Shoulders, to such moderate 
 extent as any Child of Free condition may be, and usually 
 is punished and corrected in any School for the Educa- 
 tion of Youth in the said Colony: Provided always, that 
 the latter Punishment be not repeated within Twenty- 
 four Hours, under a Penalty, in breach of any of the 
 Provisions of this Clause, not exceeding Ten Pounds 
 Sterling, nor Jess than Five Pounds Sterling, for each 
 Offence. 
 
 14th. And it is further enacted, That it shall be illegal 
 to inflict Domestic Punishment on a Slave, by any other 
 hand than that of the Owner, Employer, or Overseer, 
 (not being a Slave,) except in cases where the Owners 
 or Employers (having no Free Persons in their employ,) 
 are Females, or infirm, or suffering under disease, or 
 are upwards of Sixty Years of Age under a Penalty not 
 exceeding Ten Pounds Sterling nor less than Five Pounds 
 Sterling to be paid for such Offence, by the Person 
 who shall have caused such illegal punishment to bo in- 
 flicted. 
 
 15th. And it is further enacted, That should it be 
 necessary, for the security or safety of a F'amily or Indi- 
 vidual, to put a Slave in Irons, the same shall be re- 
 ported within Twenty-four Hours, to the nearest Local 
 Authority, under a Penalty of Five Pounds Sterling, 
 statinjr the cause and circumstances, under which such 
 measure may be justified; and in default of such justifi- 
 cation, the Owner, or Person or Persons employed by 
 him, or in his behalf, shall be deemed guilty of Mahreat-
 
 321 
 
 ment, and subject (o such punishment as is prescribed by No. 19. 
 clause 43 of this Ordinance. 1826. 
 
 16th. And it is hereby further enacted, That the 
 Corpse of a Slave shall not be Interred without a Writ- 
 tenPermission thereto being" first obtained from the Local 
 Authority, under whose immediate jurisdiction the Owner 
 or employer for the time being resides; and any Owner, 
 Manager or Employer of a Slave or Slaves, interring, 
 or causing, or suffering a Corpse of any Slave in his ser- 
 vice, to be Interred without such permission as aforesaid, 
 shall be liable to, and incur a Penalty of not less than 
 Five Pounds Sterling, and not exceeding Ten Pounds 
 Sterling, or in cases where it is not possible to procure 
 the assistance of the local Authority within Twenty-four 
 Hours, it shall and may be lawful for such Owner, 
 Manager or Employer of a Slave, to call in two Neigh- 
 bours, who must certify in Writing, (to be Sworn to 
 when required,) the apparent Age and Sex of the Slave, 
 the state of the Body, and the probable cause of his or 
 her Death ; the Owner or Manager of such Slave, shall 
 however, be obliged to forward the Certificate so obtain- 
 ed by him to the Local Authority without delay. But 
 if it shall appear by Marks on the Corpse, or from any 
 other circumstances, that the Deceased has corne to his 
 or her Death by unfair means, the said Certificate shall be 
 withheld, and a Report thereof be immediately made to 
 the nearest Local Authority by the Person so called in. 
 
 17th. And it is herebv enacted, That upon the prosecu- 
 tion of any Person, being the Owner, or Acting in the 
 name or in behalf of the Owner of any Slave or Slaves, 
 for inflicting, or causing, or procuring to be inflicted on 
 any Slave or Slaves, any punishment hereby declared 
 illegal, if the Slave so alleged to be illegally punished, 
 shall be produced in any competent Court of Justice in the 
 Colony, and if the Marks or Traces of recent Flogging or 
 Laceration, shall appearjon the Person of such Slave, and 
 if such Slave shall, in open Court, declare such Traces to 
 be; the consequences of any such unlawful punishment or 
 correction, and being duly examined by such Court, 
 shall make a particular, consistent, and probable state- 
 ment of all the circumstances attendant on such unlawful 
 punishment, then, and in every such case, the Owner 
 or other Person having the charge of such Slave, shall
 
 322 
 
 No. 19. be bound to prove, either that the punishment of which 
 1826. the Marks may be so apparent, was not inflicted by him 
 or by his procurement, or with his knowledge or consent, 
 or that such punishment was a lawful punishment within 
 the meaning of this Order; and in default ofsueh proof, 
 such Owner or other Person as aforesaid, shall be con- 
 victed and adjudg-ed to be guilty of the Offence imputed 
 to him. And it is further enacted, That every such 
 prosecution as aforesaid, shall be conducted by the Re- 
 gistrar and Guardian of Slaves, or by His Assistant, if 
 in the Country Districts, and that it shall not be lawful 
 for him or his Assistant to discontinue any such prose- 
 cution, except by virtue of an Order in W riling, to be 
 for that purpose issued, under his Hand and Seal, by 
 the Governor, or Acting Governor, for the time being, 
 of the Colony. But should the complaint of such Slave 
 prove groundless, the Slave shall be condemned to such 
 legal punishment, as the nature of the case may require. 
 18th. And it is further enacted and declared, That 
 Slaves who are not in the prohibited degrees of 
 consanguinity, or affinity, may intermarry with their 
 Owners' (or respective Owners') consent, had in writing 
 and delivered to the Local Authority ; and that the 
 Children of such Marriages shall be the Property of 
 the Owner of the Mother; the same to hold good with 
 regard to Slaves of either Sex intermarrying- with Free 
 Persons, in which case also, when the wife is a Slave, 
 the Children of such Marriage shall belong to her 
 Owner. 
 
 19th. And it is further enacted, That the consent, in 
 writing, of the Owner or Manager, or the respective 
 Owners, Proprietors, or Managers, (as the case may be,) 
 transmitted to the Clergyman, through the Local 
 Authority, shall supersede the necessity of being asked in 
 the church, or of appearing before the Matrimonial 
 Court, to legalize the Marriages of Slaves ; and the 
 respective Local Authorities shall be responsible that 
 all Marriages between Slaves are without delay 
 enregistered. as all other Marriages are ; and that a 
 Notification of the Marriage be made to the Registrar 
 and Guardian of Slaves, or to his Assistants in the 
 Country Districts, as the case may be. 
 
 20th. And it is hereby further enacted, and declared,
 
 323 
 
 That Slave Marriages shall be celebrated in the church on No. 19. 
 Sundays, where the Locality will permit, and that in 1826. 
 other cases, the Clergymen shall once in Six Months 
 appoint the most convenient Places in their respective 
 Districts, for the purpose of marrying 1 Slaves, and 
 baptizing Slave Children, so as to remove the incon- 
 venience arising from remote habitations ; which Mar- 
 riages it shall be lawful for the Clergymen to solemnize, 
 upon receiAing the written consent of the Owner or 
 Manager, through the Local Authority, as above direct- 
 ed ; or, in case such written consent has been refused 
 bv the Owner, Proprietor, or Manager, upon a Licence 
 of the Registrar and Guardian of Slaves, or his Assist- 
 ants in the respective Country Districts, as the case may 
 be, as directed in the Clause next following. And all 
 Marriages of Slaves and the Baptism of their Children, 
 shall be performed without Fee or Reward. 
 
 21st. And it is hereby further enacted That in case the 
 
 Owner or Manager of both, or either of the Slaves as 
 
 aforesaid who may be desirous to intermarry, shall refuse to 
 
 consent to such Marriage, or to give such written Permission 
 
 for the celebration thereof as aforesaid, then and in every 
 
 such case, if the Slave to be married has attained (when a 
 
 Female) the age of Fifteen Years, and when a Male, the age 
 
 of Twenty Years, the said Registrar and Guardian of Slaves, 
 
 or his Assistant in the respective Country Districts, as the 
 
 case may be, shall thereupon issue a Summons under his 
 
 Hand and Seal, requiring the Owner or Manager of such 
 
 Slaves, or the Persons or Person under whose direction such 
 
 Slaves may be, to appear before him, by themselves or their 
 
 Agents, at some convenient time and place, to be for that 
 
 purpose appointed; and if such Owner, Manager, or other 
 
 person as aforesaid, being duly cited, shall fail to appear, or 
 
 appearing shall fail to give good and sufficient proof that such 
 
 proposed Marriage would be injurious to the well-being of such 
 
 Slaves, then and in such case the said Registrar and Guardian 
 
 of Slaves, or his Assistant in the respective Country Districts 
 
 as the case may be, shall, withont Fee or Reward, issue a 
 
 Licence under his Hand and Seal, thereby authorising any 
 
 Clergyman, Minister or Public Teacher of Religion, within the 
 
 said Colony, having a Licence from Government to that 
 
 effect, to solemnize the Marriage of the said Slaves ; and any 
 
 Marriage so solemnized shall to all intents and purposes be 
 
 binding, valid, and effectual in Law ; and any Clergyman, 
 
 Minister or Public Teacher of Religion, within the said
 
 324 
 
 No. 19 Colony, having a Licence from Government to that effect, by 
 1826, whom any such Marriage shall have been solemnized, shall, 
 within fourteen days next after the solemnization, transmit a 
 Certificate thereof to the Local Authority, in order to be 
 registered in the Records of the respective Matrimonial 
 Courts, as all other Marriages are; and that a notification of 
 the Marriage be made to the Registrar and Guardian of 
 Slaves, or to his Assistants in the respective Country Districts, 
 as the case may be, where separate Books must be kept for 
 the Registry of all Slave Marriages. 
 
 22d. And it is further enacted, That after the celebration 
 of Marriage it shall not be lawful to sell any Slave having a 
 Husband or Wife, who may be the property of the same 
 persons or person, unless such Husband and wife shall be sold 
 together, and in one and the same Lot, and to the same person 
 or persons; and if any Slave or Slaves shall be sold separate 
 or apart from any sucli Husband or Wife as aforesaid, then 
 and in every such case such Sale shall be, and the same is 
 hereby declared to be. absolutly null in Law, to all intents 
 and purposes whatsoever. 
 
 23d. And it is further enacted, That it shall not be lawful 
 to sell any Child or Children, born of a Slave Woman, within 
 the said Colony, without his, her, or their Mother, unless such 
 Child or Children shall have fully attained the age of Ten 
 Years, or unless good and sufficient proof shall have been 
 given to the Court of Justice, through the Registrar and 
 Guardian of Slaves, that it would be for the well-being of such 
 Child or Children not to be sold along with his, her, or 
 their Mother. 
 
 24th. Anditis further enacted, That any Owner or Propri- 
 etor neglecting to cause the Children of their Christian Slaves 
 to be baptized within Twelve Months after the Birth of such 
 Children, and to report it within One Month after Baptism to 
 the Registrar and Guardian of Slaves, or to his Assistants 
 in the respective Country Districts, as the case may be, shall 
 iucurand be liable to a penalty of not less than Fifty Shillings, 
 and not exceeding Ten Pounds Sterling, for each Offence, anil 
 shall nevertheless be compelled to have such Child or 
 Children baptized at his own Expense. 
 
 25th. And it is hereby enacted, That the Clergymen, or 
 Persons duly authorised to administer that Holy Sacrament, 
 shall report Quarterly to the Registrar and Guardian of 
 Slaves, or to his Assistants in the respective Country 
 Districts as the case may be, all Baptisms of Slaves solemnized 
 by them.
 
 . And it is further enacted, That Christian Slave Owners No. 19. 
 or Employers residing in Cape Town and other Towns and 182Q. 
 Villages, and their immediate vicinity, in the Colony, where 
 Free schools are or may be established, shall send their Slave 
 Children, above three years and under ten years of age, at 
 least Three Days in each week, to any such Free Schools; 
 and those whose Residence will not permit them to afford this 
 consoling advantage to their Slave Children, are earnestly 
 recommended and invited to avail themselves of any other 
 Means which may offer within iheir reach for giving them 
 Instruction. 
 
 27th. And it is hereby further enacted, That separate 
 Books shall be kept in the Offices of the Registrar and 
 Guardian of Slaves, and of his Assistants in the respective 
 Country Districts, of all Baptized Slaves, specifying their 
 Ages, Sex, Date of Baptism, aud by whom baptized. 
 
 28th. And it is hereby further enacted and declared, That 
 no Person in the Colony, being in a state of Slavery, shall be, 
 or be deemed or taken to be, by reason or on account of such 
 his or her condition, incompetent to purchase, acquire, possess, 
 hold, enjoy, alienate or dispose of property ; but every such 
 Slave shall, and is hereby declared to be competent to 
 purchase, acquire, possess, hold, enjoy, alienate and dispose of 
 Lands situate in the Colony, or Money, Cattle, Implements or 
 Utensils of Husbandry, or Household Furniture, or other 
 Effects of such or the like nature, of what Value or Amount 
 soever, and to bring, maintain, prosecute, and defend any 
 Suit or Action in any Court of Justice, for or in respect of 
 any such Property, as fully and amply, to all intents and 
 purposes, as if he or she were of Free Condition. 
 
 29th. And whereas a Saving Bank is already established 
 in the Colony, and it is expedient that Provision should be 
 made for giving the fullest effect to the same, it is hereby 
 enacted, That Interest at and after the rate of Four per 
 Centum per Annum shall be allowed upon the Amount of 
 every Sum of Money (not less than Twenty five Shillings^) 
 which may be deposited in any Saving Bank ; which Interest 
 shall be a Charge upon the General Revenues of the Colony : 
 And any Slave making any Deposit of Money in any such 
 having Bank, shall be at liberty to make a Declaration of the 
 Manner in which, and the Names of the Person or Persons to 
 whom, in the event of his or her Death, the Amount of his or 
 her Contributions to the said Saving Bank shall be paid, ap- 
 plied, and disposed of , and such Declaration shall be recorded 
 iu a Book to be kept for that purpose at the Saving Bank 
 
 I
 
 326 
 
 No. 19. where snch Deposit may be made ; and upon the Death of the 
 1826. Slave making such Declaration, the same shall, in the ab- 
 sence of any other Last Will, be deemed and taken to he the 
 Last Will and Testament of such Slave, under the direction 
 of the Orphan Chamber, in as far as regards the Collection, 
 Preservation, and Distribution thereof; the same to be 
 free from all manner of Charge, Fee, or Duty : And in case 
 any such Slave shall marry after having made any such De- 
 claration, such Marriage shall be, and be deemed and taken 
 to be, a Revocation, in the Law, of such Declaration. And 
 it is further enacted, That in case any Slaves or Slave in the 
 Colony shall die intestate, and without having made any such 
 Declaration as aforesaid, which may remain unrevoked at the 
 time of his Death, then and in every such case, the Proper- 
 ty of such Slave shall go and be disposed of by the Orphan 
 Chamber, to and in favour of such Persons or Person, as by- 
 virtue of the Laws of the Colony, then in force, may be 
 entitled to any such Property. And it is further ordered, 
 That in case any Slaves or Slave die intestate, and without 
 having made such Declaration as aforesaid, and have no 
 Relations entitled to their Succession, then and in every such 
 case the Property shall be paid by the Orphan Chamber into 
 a Fund formed in the Colony, for the Purchase of such 
 Female Slave Children, as shall appear to the Committee, 
 appointed by Proclamation of the iSthMarch 1823, to manage 
 that Fund, to be most deserving of such Consideration ; and 
 the Price to be paid for any Female Slave or Slaves, whose 
 Freedom may be thus purchased, shall be fixed according to 
 their actual Value, by two Arbitrators, after being duly 
 sworn to act impartially one to be chosen by the Owner of 
 the Slave, and the other by the Registrar and Guardian of 
 Slaves, with Power to the Court of Justice to name an 
 Umpire in case of difference, who shall be duly sworn for 
 that purpose, and whose Award shall be final. 
 
 30th. And it is further enacted, That the Saving Banks 
 throughout the Colony shall, as far as the Deposits of Slaves 
 are concerned, and for which distinct Books shall be kept, 
 be under and subject to the Control and Inspection of the 
 Registrar and Guardian of Slaves, or his Assistants in the 
 respective country Districts, as the case may be, and that 
 the Governor, or Acting Governor for the time being, shall 
 be, and he is hereby authorised to appoint such proper and 
 necessary Officers, and to make such Rules and Regulations, 
 as may be best adapted for managing the business of the 
 said Banks, and for ensuring Order and punctuality therein, 
 aud for preventing any misapplication of the Monies therein
 
 327 
 
 lobe deposited : Provided that such Rules and Regulations No. 19. 
 be not repugnant to this present Ordinance; and that the 1826. 
 same be forthwith transmitted for His Majesty's Approbation 
 through one of His Majesty's Principal Secretaries of State. 
 
 31st. And it is hereby further enacted, That no Deposit 
 of Money shall at any one time, or within any one week, be 
 received at any of the said Saving Banks from any Slave ex- 
 ceeding: the sum of Fifty Shillings in the whole, unless, such 
 Slave, at the time of tendering any such Deposit, shall produce 
 the Consent in writing of his Owner or Manager, lo such Depo- 
 sit being'made ; and in case any Slave shall be desirous at any 
 one time, or in any one week, to make any such Deposit of 
 Money, exceeding the sum of Fifty Shillings, and the Owner 
 or Manager of such Slave shall refuse his Consent to such 
 Deposit being made, then and in every such case, the Re- 
 gistrar and Guardian of Slaves, or his Assistant, in the 
 respective Country Districts, as the case may be, shall, upon 
 application made to him for that purpose, issue a Summons 
 under his Hand and Seal, requiring the Owner or Manager 
 of such Slave, or the Persons under whose direction such 
 Slave may be, to appear before him, by themselves or their 
 Agents, at some convenient time and place, to be for that 
 purpose appointed ; and if such Owner or Manager, or other 
 Person as aforesaid, being duly cited, shall fail to appear 
 before the said Registrar and Guardian of Slaves, or his 
 Assistant in the respective Country Districts, as the case may 
 be, or appearing, shall fail to lay before him good and 
 sufficient cause why such Deposit ought not to be made, then, 
 and in every such case, the said Registrar and Guardian of 
 Slaves, or his Assistant in the respective Country Districts, 
 as the case may be, shall issue an Order, under his Hand 
 and Seal, requiring the Manager of the Saving Bank, to 
 receive the amount of such Deposit, and the same shall be 
 received by him accordingly. 
 
 32d. And it is further enacted, That no Duty, Tax, or 
 Impost, of any nature or kind whatsoever, and that no Fee 
 of Office, shall be hereafter paid or payable within the said 
 Colony, upon, for, or on account, or in respect of theManumis- 
 sion of any Slave, or the enrolment or registration of any 
 Deed of Manumission ; and if any Person within the said 
 Colony, shall hereafter take, demand, or receive any such 
 Tax, Duty, Impost, or Fee of Office, the Person so offend- 
 ing, shall incur and become liable to the payment of a Fine, 
 r.ot exceeding Twenty Pounds Sterling, and not less than 
 Five Pounds Sterling.
 
 328 
 
 No. 19. 33d. And it is hereby further enacted, That in case any 
 1826. Slave within the said Colony, shall be de.irous to purchase 
 the Freedom of him or herself, or of his or her Wife or Hus- 
 band, or Child, or Brother, or Sister, it shall and may be 
 lawful, to and for any such Slave to purchase the Freedom 
 of himself or herself, or of any such other Person as afore- 
 said : Provided always, that every such Slave, who shall be 
 desirous so to purchase the Freedom of himself or herself, or 
 any such Person as aforesaid, shall be able to prove, and 
 shall actually have proved, to the satisfaction of the Regis- 
 trar and Guardian of Slaves, or of his Assistant in the res- 
 pective Country Districts, that the Money or other Property 
 by which he or she has been enabled to make such purchase, 
 has been acquired by him or her by lawful means ; and if 
 under such proviso, the Owner of any such Slave shall be 
 unwilling to effect his or her Manumission, or shall, by reason 
 of any. Mortgage, or other charge upon or interest in such 
 Slave being vested in any other Person or Persons, be unable 
 to execute a valid and effectual Manumission of such Slave, 
 or if the Owner or any other Person having an Interest in 
 any such Slave, shall be a Minor, or a Married Woman, or 
 Idiot, or Lunatic, or if the real and true Owner of any such 
 Slave shall be absent from the Colony, or shall not be known, 
 or if any Suit, or Action shall be pending in any Court of 
 Justice in the Colony, wherein the Title of the said Shire 
 or the right to his or her Services shall or may be in contro- 
 versy, or if the Owner of any such Slave shall demand, as 
 the price of his or her Freedom, a greater Sum of Money 
 than may be the fair and just value thereof, then, and in 
 each, and every of the cases aforesaid, the Court of Justice 
 of the Colony, on application made to it for that purpose by 
 the Registrar and Guardian of Slaves, shall issue a Summons 
 tinder their Hands and the Seal of the Court, requiring the 
 Owner or Manager of such Slave, or the Persons or Person 
 under whose direction such Siave may be, to appear before 
 it by themselves or their Agents, at some convenient time 
 and place, to be for that purpose appointed ; and Notice 
 shall also be published by the said Registrar and Guardian 
 of Slaves, in the Public Gazette of the Colony, on Three 
 several Days, of the time and place appointed for the purpose 
 aforesaid ; and in such Notice, all Persons having, or claiming 
 to have, any Title or Interest in, or to, the Slave proposed 
 to be manumitted, either in their own right, or as the Guar- 
 dians, Attorney, Trustees, or Executors of any other Per- 
 son, shall be required to attend and prefer such Claim. 
 
 34th. And it is hereby further enacted, That at the time
 
 329 
 
 appointed for any such Meeting as aforesaid, the Court o( No. 19. 
 Justice of the Colony, in the presence of the Registrar and 1826. 
 Guardian of Slaves, aud also in the presence of the Owner 
 or his Representatives, or Manager of the Slaves or Slave 
 proposed to be manumitted ; or upon proof heing made to it 
 on Oath, of the due Service aud Publication of such Notice 
 as aforesaid, then, if necessary, in the absence of such 
 Owner or Manager, shall proceed to hear, in a summary way, 
 what may be alleged by the Registrar and Guardian of 
 Slaves, and by the Owner or Manager, or other Persons claim- 
 ing any Interest in the Slave proposed to be manumitted; and 
 in case the Parties, or any of them, shall refuse to effect any- 
 such Manumission ; or if it shall appear to the said Court, that 
 a valid and effectual Manumission of any sudh Slave cannot 
 legally be effected by Private Contract ; or if it shall be 
 made to appear to the said Court, that the Owner of any 
 such Slave, or that any Person having any Charge upon, or 
 Interest in, him or her, is a Minor or a Married Woman, of 
 Idiot or Lunatic ; or that the real and true Owner of any 
 such Slave, or that any Person having any Charge upon, or 
 Interest in, him or her, is absent from the Colony, or is un- 
 known, or cannot be found; or that any Suit or Action is 
 pending in any Court of Justice in the said Colony, wherein 
 the title to the said Slave, or the right to his Services, is in 
 Controversy; or if it shall appear to the said Court, that any 
 difference of opinion exists between the Registrar and Guar- 
 dian of Slaves in the Colony, and the Owner of any such 
 Slave, respecting his or her Price or Value then, and in 
 every such case, the said Court shall require the Registrar 
 and Guardian of Slaves, and the Owner, Manager, or Person 
 having the direction of any such Slave, each to nominate an 
 Appraiser of his or her Value ; and the said Appraiser being 
 first duly sworn before the said Court to make a fair and im- 
 partial Appraisement, shall, within seven days next after such 
 their appointment, make a joint Valuation of the Slave pro- 
 posed to be manumitted and certify such their Valuation to 
 the said Court, under their Hands and Seals : And in case 
 such joint Certificate shall not be delivered to the said Court 
 within the said term of seven days, then the said Court shall 
 itself nominate an Umpire between such Appraisers; and the 
 said Umpire being duly sworn, shall, within the next seven 
 days, certify his Valuation, under his Hand and Seal, to the 
 said Court, and the Valuation to be made in manner aforesaid, 
 either by the said joint Appraisers, or in their default, by the 
 said Umpire, shall be binding and conclusive, and shall he 
 entered and enrolled in the Office of Slave Registry, of the 
 Colony. 
 
 E E2
 
 330 
 
 No. 19. 35th. Ai]d it is hereby further enacted, That upon payment 
 1826. lo the Receiver-General or Treasurer of the Colony of the 
 appraised value of any such Slave as aforesaid, after de- 
 ducting therefrom the Expense of the Appraisement to be 
 allowed by the said Court, the said Receiver-General, or 
 Treasurer, shall grant to the Registrar and Guardian of 
 Slaves a Receipt for the Money so to be received by him : 
 and such Receipt shall be duly enrolled in the Office of Slave 
 Registry in the Colony, together with a Declaration under 
 the Hand and Seal of the said Court, that the Proceedings 
 required by Law for the Manumission of the Slave, by or 
 on behalf of whom such Money was paid, had been duly 
 laid before it, and thereupon such Slave shall be, and be 
 deemed taken and reputed to be, Free, to all intents and pur- 
 poses whatsoever. 
 
 36th. And it is hereby enacted, That in all cases where 
 such Appraisement shall be made by reason of the refusal of 
 the Owner or Owners of any such Slave to effect his or her 
 Manumission, or by reason of any difference of opinion 
 between the Registrar and Guardian of Slaves and the Owner 
 or Proprietor of any such Slave, respecting his or her Price 
 or Value, the Expenses of such Appraisement shall be equally 
 borne by, and divided between, such Owner or Proprietor and 
 the Slave proposed to be manumitted. And in all cases where 
 such Appraisement shall be made by reason of the inability 
 of the Owner or Proprietor to effect a valid Manumission by 
 private Contract ; or by reason of the Minority, Coverture, 
 Idiotcy, or Lunacy of such Owner or proprietor : or by reason 
 of the absence from the Colony of any such Owner or 
 Proprietor, or other Person having a charge upon the said 
 Slave : or by reason that any such Owner or Proprietor is 
 unknown, or cannot be found, or by reason of the pendency 
 in any Court of Justice in the Colony of any Suit or Action 
 wherein the title to the said Slave, or the Right to his or her 
 Services is in Controversy ; then, and in all such cases, the 
 Expenses of the said Appraisement shall be equally divided 
 between the Slave proposed to be manumitted and the Owner 
 or proprietor, or other Persons having any charge upon, or 
 interest in, him or her ; and such last-mentioned Moiety of 
 the said Expenses shall be deducted from the Money arising 
 from the Manumission of the Slave, before the investment 
 theieof in the manner directed in and by this Ordinance. 
 
 37th. And it is further enacted, That the Money to arise 
 from the Manumission of any Slave, by virtue of the Proceed- 
 ings before-mentioned, shall and may be laid out and invested, 
 under the Authority of the Court of Justice, on the application
 
 331 
 
 of any Person or Persons interested therein, in the Purchase No. 19. 
 of any other Slave or Slaves : or if no such application be 1826. 
 made, then such Money shall remain in the hands of the 
 Receiver- General, or Treasurer of the Colony, and shall he 
 the Property of the persons who were the Proprietors of such 
 manumitted Slave or Slaves, and shall be held upon, under, 
 and subject to, all such and the same Uses, Trusts, Limitations, 
 Conditions, Mortgages, Claims and Demands of what nature 
 or kind soever, as such Slave or Slaves was or were held 
 upon, under 01 subject unto, at such the time of his, her, or 
 their Manumission : And the said Receiver General, or Trea- 
 surer, shall hold the said Money, subject to such orders as 
 the said Court of Justice may, upon a summary application 
 of any Person interested therein, see fit to make ; and such 
 Money shall, by the said Receiver-General, or Treasurer, be 
 paid, applied, and disposed of, in pursuance of and obedience 
 to, any such Order. 
 
 38th. And it is hereby further enacted, That before the 
 Manumission of any Slave, by Virtue of any Private Contract 
 for that purpose, between such Slave and his Owner, notice 
 of such intended Manumission shall, by the Owner of such 
 Slave, be given in writing, to the Registrar and Guardian of 
 Slaves, who, on behalf of the said Slave, shall be bound to 
 ascertain, that such Owner has good right and title in the Law, 
 and is competent to effect such Manumission; and the said 
 Registrar and Guardian of Slaves shall also, without Fee or 
 Reward, prepare the proper Deed of Manumission, and the 
 same shall, in all cases, be executed in the presence of the said 
 Registrar and Guardian of Slaves, or of some proper Witness, 
 to be by him appointed for that purpose ; and being so executed, 
 shall by such Registrar and Guardian of Slaves, be enrolled 
 iu the Office of Slave Registry, in the Colony, within one Cal- 
 endar Month next after the date and execution thereof ; and in 
 case any such Deed shall not be Registered at the said Office 
 of Registry, within the said period of one Calendar Month, 
 the said Registrar and Guardian of Slaves shall incur, and 
 be liable to the payment of a Fine, not exceeding Fifty 
 Pounds Sterling, nor less than Ten Pounds Sterling, such 
 Fines to be sued for, and recoverable by His Majesty's Fiscal, 
 in the Full Court of Justice. 
 
 39th. And whereas, by the Usages in the Courts of Judi- 
 cature in the Colony, Persons in a state of Slavery have 
 hitherto been reputed competent, in Law, to be admitted as 
 Witnesses in Criminal Cases, as well as in Civil Proceedings; 
 and whereas it is expedient, that the said Custom should be 
 recognized and established by Law, it is therefore enacted
 
 332 
 
 No. 19. and declared, That no Person shall henceforth be rejected as 
 1826. a Witness, or considered as incompetent to give Evidence, in 
 any Court of Civil or Criminal Justice in the Colony, by 
 reason of his or her being in a state of Slavery, if such Wit- 
 ness be sufficiently instructed in the principles of Religion, 
 to understand the nature and obligation of an Oath : Provided, 
 nevertheless, that no Person being in a state of Slavery, 
 shall be admitted to give Evidence in any Civil Suit or Action, 
 in which-hjs or her Owner is directly concerned ; and provided 
 also, that nothing herein contained, shall extend to take 
 away or diminish any power and authority, which any 
 Court of Criminal Jurisdiction in the Colony now hath to ad- 
 mit in any Case, the Evidence of Persons being in a state of 
 Slavery : Provided also, that nothing herein contained, shall 
 extend, or be construed to extend, to render any Slave a 
 competent Witness in any Case, in which such Slave would 
 be incompetent to give Evidence, if he or she were of Free 
 condition. 
 
 40th. And it is hereby further enacted, That the Salary 
 of the Registrar and Guardian of Slaves, shall, by him, be 
 taken and received in lieu, and in full satisfaction, of all 
 Fees, Perquisites of Office, Advantages and Emoluments 
 whatsoever ; and that if he the said Registrar and Guardian 
 of Slaves, shall take or receive, directly or indirectly, any 
 Fee, Perquisite of Office, Advantage or Emolument, other 
 than his said Salary, for and in respect to any act, matter or 
 thing done or performed by him, in the execution of such 
 his Office, he shall incur, and become liable to the payment 
 of a Fine, equal to twice the amount of what he may so 
 receive, and shall moreover, become disqualified from holding 
 such his Office. 
 
 41st. And it is hereby further enacted, that the said Re- 
 gistrar and Guardian of Slaves, shall, on the first Monday 
 next after the 25th Day of December, and on the first Mon- 
 day next after the 24th Day of June, in each Year, deliver 
 to the Governor or Acting Governor for the time being, of the 
 Colony, a Report in Writing, exhibiting an account of the 
 manner in which the Duties of such his Office, have been 
 performed during the half year next preceding the date of 
 such his Report; and especially stating the number of the 
 Actions, Suits, and Prosecutions, in which he may have acted 
 as the Guardian of any Slave or Slaves, with the dates and 
 effect of all the Proceedings therein, and the particulars of 
 all the Returns, which, by Virtue of this Ordinance, may 
 have been made to him by the Assistant Registrars and 
 Guardians of Slaves, within the Colony ; aud the names of
 
 333 
 
 the Persons, if any, against whom any Criminal Prosecution No. 19. 
 may have been instituted, under and by Virtue of this Ordi- 1826. 
 nance, together with the number of Licences, which may by 
 him have been granted for the Marriage of any Slaves, with 
 the number of Marriages appearing to have been solemnized 
 in pursuance thereof, together with the amount of the Sums 
 of Money deposited in the Saving Banks, in the said Colony ; 
 and also, a statement of the names of all the Slaves Manu- 
 mitted under the Authority of this present Ordinance ; and 
 the Governor, or Acting Governor, for the time being, of 
 the Colony, shall thereupon, administer to the said Regis- 
 trar and Guardian of Slaves, an Oath, that such Report 
 contains a true and accurate Statement of the several matters 
 and things therein referred to; and when, and so soon as 
 the said Registrar and Guardian of Slaves shall have made 
 such his half yearly Report, and shall, in manner aforesaid, 
 have been Sworn to the truth thereof, then, and not before, 
 the said Governor, or Acting Governor, shall issue to the 
 said Registrar and Guardian of Slaves, a Warrant for the 
 amount of his Salary, to be paid half yearly, for the half 
 year next preceding the date of such Report; and the said 
 Governor, or Acting Governor, shall, and he is hereby re- 
 quired, by the first convenient opportunity, to transmit such 
 Report as aforesaid, to His Majesty's Principal Secretary of 
 State, having the Department of the Colonies. 
 
 42d. And it is further enacted, That if the Registrar and 
 Guardian of Slaves, or any of his Assistants in the several 
 Districts of the Colony, or any other Person, shall wilfully 
 and fraudulently make, or cause or procure to be made, any 
 Erasure or Interlineation in any of the Books, Records, or 
 Returns, or shall wilfully make, or cause or procure to be 
 made, any false Entry in any such Book, Record, or Return, 
 or shall wilfully and fraudulently burn, cancel, or obliterate 
 the same, or any of them, or any part thereof, the Person 
 or Persons so offending, shall be liable to the payment of a 
 Fine, not exceeding One Hundred Pounds Sterling, and not 
 less than Fifty Pounds Sterling, and shall be disqualified 
 from holding any such Office: And the said Penalties shall 
 be sued for, if in the case of the Registrar and Guardian of 
 Slaves, by His Majesty's Fiscal, in the Full Court of Justice; 
 and if in the case of a.y of the Assistants of the said Regis- 
 trar in the Country Districts, by the respective Public Pro- 
 secutors, before the several Boards of Landdrosts and 
 Heemraden. 
 
 43d. And it is further enacted, that Maltreatment of a 
 Slave by the Proprietor, not attended with Death, shall he 
 punished by Fine, Imprisonment, Banishment, or other
 
 334 
 
 No. 19. Sentence of the Law, by any of the competent Courts 
 1826. in the Colony, according to the nature of the Case, and the 
 degree of Cruelty exercised, and tho Slave so maltreated 
 shall be publicly sold for the account of the Owner; but 
 under special condition of never coming again into his power, 
 or into that of his Parents, Children, Brothers, or Sisters: 
 And in case any Person shall be convicted of any cruel and 
 unlawful Punishment to any Slave, the said Courts shall, 
 and are hereby authorised, at their discretion, to declare 
 the Right and Interest of the Person so convicted, in and to 
 any such Slave, to be absolutely forfeited to His Majesty : 
 But when the Maltreatment of a Slave has been attended 
 with Death, the Court in giving Judgement, shall be guided 
 by the Law applicable to Homicide. 
 
 44th. And it is further enacted, That if any Person shall 
 be twice convicted before any Tribunal in the Colony, of 
 inflicting upon any Slave or Slaves any cruel and unlawful 
 Puuishraent within the meaning of the preceding Section of 
 this Ordinance, the Person so convicted shall, in addition to 
 the Penalties thereinbefore mentioned, be declared by the 
 Court before which such second Conviction may take place, 
 absolutely incapable, in the Law, to be the Owner, or to act 
 as the Manager, Overseer, or Superintendant of any Slaves 
 or Slave within the Colony : And all and every the Slaves or 
 Slave, of which, at the time of such second Conviction, any 
 such Person may be the Owner, shall be publicly sold for 
 Jus account, under special condition of never coming into the 
 power or under the control of his Parents, Children, Brothers, 
 or Sisters. 
 
 45th. And it is further enacted, That Maltreatment of a 
 Slave by the Overseer or Representative of the Owner or 
 Proprietor, or by any other Individual, uot being the Owner 
 or Proprietor of such Slave, shall be punished as if the same 
 had been inflicted on a Free Person, placed under the 
 superintendance or directions of such Overseer, Representative, 
 or other Individual. 
 
 46th. And it is further enacted, That all Complaints shall 
 be brought, and all Penalties incurred under the provisions 
 ofthis Ordinance, shall be sued for and recovered (except 
 where otherwise directed by the same), if in the Country 
 Districts, before the several Boards of Landclrost or Resident 
 and Commissioned Hcemraden ; and if in Cape Town and 
 the District thereof, before the Permanent Sitting Com- 
 missioner ; and on recovery, shall be disposed of as fol- 
 lows, viz : One-third to the Informer, and Two thirds to 
 the Fund specified in Clause 29 ofthis Ordinance, for pur- 
 chasing the Freedom of Fcnule Slave Children.
 
 335 
 
 47th. And whereas by the Provisions of this Ordinance, No. 19, 
 for the Improvement of the Condition of the Slaves in the 1826. 
 Colony, it is not intended to infringe on the lawful Rights of 
 their Owners to the Property in their Slaves, or of any other 
 Person or Persons interested in their Value, it is hereby 
 declared, That none of the said Provisions shall be deemed 
 to affect in any degree the lawful Right of Property of the 
 Owners in their Slaves, or any just Claims to their Services. 
 
 48th. And it is hereby further enacted and declared, That 
 whenever any Slave or Slaves, or any Right or Interest in any 
 Slave or Slaves, shall, upon the Conviction of any Person or 
 Persons, in the manner in this Ordinance mentioned, become 
 forfeited to His Majesty, His Heirs and Successors, such 
 Forfeiture shall not be carried into effect by the actual 
 Seizure or Sale of the Property so forfeited, until the 
 Particulars and Circumstances of the Case shall have been 
 reported to His Majesty through one of His Principal 
 Secretaries of State, and until His Majesty shall have signified 
 His Royal Pleasure therein : Provided, that Pending any such 
 Reference to His Majesty, such forfeited Property shall be, 
 and remain, legally vested in Him, subject to be divested in 
 case His Majesty shall be graciously pleased to remit any such 
 Forfeiture. 
 
 49th. And it is further enacted and declared, That no such 
 Forfeiture as aforesaid to His Majesty, of any Slave or Slaves, 
 or of any Right or Interest in any Slave or Slaves, shall, or 
 according to the true intent and meaning of this Ordinance 
 doth in any way diminish, affect, or take away, the Right or 
 Interest of any Person or Persons to, or in, any such Slave or 
 Slaves, other than and except the Person or Persons, upon 
 the conviction of whom any such Forfeiture may be incurred. 
 
 50th. And it is further enacted, That this Ordinance shall 
 take effect, and be in force from and after the 1st day of 
 August next. 
 
 And that no Person may plead ignorance hereof, this will 
 be published and affixed in the usual manner. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 19th June 1826. 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) R. Plasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D, M, Perceval, Clerk of the Council.
 
 336 
 
 No. 20. Rich. Bourke. 
 
 Ordinance for abolishing the Office of Wine Taster 
 and for relieving the Exporters of Wine from the 
 Duties levied therein ( x ) 
 
 WHEREAS it is expedient to discontinue the establish- 
 ment of the Office of Wine Taster, and to relieve the 
 Exporters of Wine from the Duties levied therein, it 
 is hereby enacted and declared, That the Proclamation 
 of the 19th December 1811 the Government Adver- 
 tisement of 3d Feb. 1812 the Instructions issued on 
 the 10th Feb. 1812 and the Proclamations of 24th 
 September 18 13 and 27 February 1818, shall be, and 
 they are hereby repealed. 
 
 And it is further enacted, That the Duty of Two 
 Rix-dollars per Leaguer for Tasting all Wines for 
 Exportation, and the Duty of Two Skillings per Lea- 
 guer for Gauging the same shall cease and determine 
 from the date hereof. 
 
 And that no Person may plead ignorance hereof, this 
 will be published and affixed in the usual manner. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, this 3d July 1826. 
 By Command of His Honor the Lieut. Governor. 
 
 (Signed) R. Plasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed,) D. M. Perceval, Clerk of the Council. 
 
 No. 21. Signed, Rich. Bourke. 
 
 Ordinance for declaring the Mode of Publication of 
 the Ordinances of the Governor in Council of this 
 Colony. (") 
 
 WHEREAS it is provided by the Instructions of His 
 Majesty's Secretary of State, consequent to His Ma- 
 jesty's Orders, issued by and with the advice of His 
 Privy Council, under date the 9th February 1825, by 
 
 (') Allowed by the Home Government, but repealed by Order of 
 the King in Council, dated 22d Feb. 1832. 
 ( a ) Allowed by the Home Government.
 
 337 
 
 which the Honorable the Council of this Colony is No. 21. 
 established, that on the passing of an Ordinance of the 1826. 
 Governor in Council, it shall be forthwith transmitted 
 for Enrolment to the Worshipful the Court of Justice; 
 Be it therefore enacted and declared, That the Trans- 
 mission of an Ordinance, after the passing thereof, to 
 the Worshipful the Court of Justice as aforesaid, to- 
 gether with the Printing thereof in the Government 
 Gazette, or the promulgation thereof in such other 
 public manner as the Governor and Council shall direct 
 or appoint, shall be in Law a sufficient Publication of 
 the same, to all intents and purposes whatsoever any 
 Law, Usage, or Custom to the contrary notwithstanding. 
 
 God save the King ! 
 Given at the Cape of Good Hope, 24th August 1826. 
 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) R. Flasket, Secretary to Gov. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council. 
 
 No. 22. Signed Rich. Bourke. 
 
 Ordinance for defining the Offence of Petty Theft, 
 and regulating the manner of the Prosecution 
 thereof. (*) 
 
 WHEREAS doubts have arisen as to the competent 
 Tribunals for the Trial of the Offence commonly called 
 " Petty Theft," which according to the usage of this 
 Colony is not subject to a more severe punishment than 
 Correction in the Public Prison and temporary Impri- 
 sonment, and which has hitherto been usually tried 
 before two Commissioners from the Court of Justice, 
 under the provisions contained in the 2nd Section of the 
 Crown Trial ; and whereas the due administration of 
 Justice requires, that such Cases should be summarily 
 decided : Be it therefore hereby enacted, That from 
 and after the passing of this Ordinance, in all 
 cases of simple Theft, where the value of the stolen 
 Property shall not be sworn, or otherwise upon inves- 
 
 (') Disallowed as being superseded by the Charter. 
 FF
 
 338 
 
 No.22. tigation be proved, to exceed the Sum of Twenty Shil- 
 1826. lings Sterling, such Theft shall be deemed to be Petty 
 Theft ; and the Permanent Sitting Commissioner in 
 Cape Town, and the jurisdiction thereof, and the 
 Courts of Landdrost, Deputy Landdrosts, Residents 
 and Commissioned Heemraden, and the Residents and 
 Special Heemraden in the Country Districts and Resi- 
 dencies respectively, are hereby declared to be com- 
 petent Courts to take cognizance of such Petty Theft, 
 in the manner set forth in the 3d and 4th Sections of 
 the Crown Trial : Provided always, that no Appeal 
 shall be allowed in cases where the punishment shall 
 notexceed One Month's Imprisonment with Fl ard Labor. 
 
 2. Provided always, and it is hereby en acted, That nothing 
 herein contained shall extend to the stealing of Cattle, if 
 sworn or otherwise appearing to exceed in value Five 
 Shillings Sterling ; or to Robberies committed in the Streets, 
 Highways, or elsewhere, accompanied with personal Vio- 
 lence or Threats ; or to Robberies with Burglary ; or by 
 breaking into Shops or other Buildings of any kind or nature 
 whatsoever ; or to Robberies committed in the Night in Gar- 
 dens, Orchards, Fields, or other private places, which are 
 inclosed or fenced in ; or to Thefts committed by Soldiers, 
 Watchmen, Policemen or others, to whom the protection of 
 any Property may be specially entrusted, and who are in 
 duty bound to guard the same ; or to the stealing of Goods 
 exposed by Shipwreck, Fire, or other calamity, or to any 
 other Thefts accompanied with any circumstances with are by 
 the Law deemed aggravations thereof, all which Crimes 
 shall continue to be cognizable by the several competent 
 Courts of this Colony, in the manner set forth in the 2d 
 Section of the Crown Trial : 
 
 3. Provided always, and it is hereby enacted, That all 
 Prosecutions for Petty Theft now pending before any Supe- 
 rior Tribunal, and which shall not have terminated on the 
 passing of this Ordinance, shall continue and be concluded 
 in the same, any thing herein contained to the contrary 
 notwithstanding. 
 
 God save the King ! 
 Given at the Cape of Good Hope, 4th Sept. 1826. 
 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) R. Flasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council.
 
 339 
 
 No. 23. Signed, Rich. Bourke, 
 
 Ordinance for facilitating the Commerce with the 
 Caffres, and other Nations living beyond the 
 Boundaries of the Colony, and for consolidating 
 the several Proclamations and Ordinances relating 
 thereto. ( a ) 
 
 WHEREAS it is expedient to give increased facilities to 
 Commerce with the Caffres and other Nations living 
 beyond the Boundaries of this Colony, and to augment 
 the number of Fairs, which may now legally be held 
 within or beyond the Frontier, subject, however, to such 
 Restrictions and Regulations as the particular circum- 
 stances of the Intercourse between the Colonists and 
 those Nations may require: Be it therefore hereby 
 enacted, That it shall and may be lawful for the Gover- 
 nor of this Colony, for the time being, to appoint Fairs, 
 to be called " Border Fairs," for ithe purposes of 
 Commerce with the Nations residing beyond the limits 
 of this Colony, to be holden in such places within or 
 beyond the confines of the Colony, and at such times 
 as He by agreement with such Nations shall direct and 
 appoint, and to make Rules and Regulations for the 
 conducting thereof, and to entrust the care of providing 
 for the due execution of such Rules and Regulations to 
 the Officer commanding His Majesty's Troops on the 
 Frontier, or to such other Person, whether a Military 
 Officer or otherwise, as may be specially appointed to 
 attend at such Fair by the Governor for the time being; 
 or if a Military Officer, by the Officer commanding as 
 aforesaid: Provided always, that such Rules and Regula- 
 tions shall not contain any thing repugnant to the Provi- 
 sions of this Ordinance, nor any Clause, by which any 
 Custom, Duty, Tax, or Imposition of any kind what- 
 soever, may be levied, demanded, or received, on, of, 
 or from, either Colonists or Foreigners. 
 
 2. And it is further enacted, That the Landdrosts 
 and the Deputy Lariddrosts of the several Frontier 
 Districts in this Colony are hereby authorised and re- 
 quired to grant Licences, under their Hands and Seals, 
 to Persons of good character, to attend and traffick 
 at the Border Fairs; every such Licence to be perfected on a 
 
 (') Allowed by the Home Government, hut partially altered and 
 repealed by Ordinance, No. 81. 1830.
 
 No. 23. Stamp of Six Pounds, or of such other amount as may here- 
 1826. after be legally fixed to be in force for One Year only, and 
 renewable from Year to Year; and every such Licence shall 
 contain the Name and Place of Abode of the Person to 
 whom it is granted, and shall not be transferable to any other; 
 and the several Landdrosts, and Deputy Landdrosts are here- 
 by required to register all such Licences, and lo transmit a 
 Quarterly Return thereof to the Office of the Chief Secre- 
 tary in Cape Town; and all Licences which may already have 
 been issued under the Authority of the Ordinance of the 
 Governor in Conncil of the 21st June, 1825. (No. 4 ) shall 
 continue in force until the expiration of the term for which 
 they were severally granted. 
 
 3. And it is further enacted, That it shall not be lawful 
 for any Person to traffick at a Border Fair, without such 
 Licence as aforesaid, or to refuse to shew such Licence on 
 demand, to the Officer commanding, or other Person having 
 the superiutendance of such Border Fair ; and every Person 
 who shall be convicted of trafficking without a Licence, or 
 of making use of the Licence of another Person, or of mal- 
 treating or defrauding a Caffre or other Foreigner attending 
 such Fair, shall be subject to a Penalty not exceeding Ten 
 Pounds, nor less than Five Pounds, or in default of payment 
 thereof, to Imprisonment for a period not exceeding Three 
 Months: and every Person trafficking with a Licence, and 
 refusing to shew the same on demand of the Officer or Person 
 hereby authorised to require it, shall, on conviction, be 
 subject to a Penalty not exceeding Five Pounds, nor less than 
 Two Pounds, or in default of payment thereof, to Imprison- 
 ment for a period not exceeding One Month. 
 
 4. And it is hereby further enacted, That it shall and may 
 be lawful for the Dealers licensed as aforesaid, at any Border 
 Fair, to offer for Sale or Barter, any kind of Goods, Merchan- 
 dize or Cattle, which maybe legally sold in this Colony: 
 Provided always, that no Fire-Arms, or other offensive 
 Weapons, or Ammunition of any kind whatsoever, or any 
 Spirituous Liquors, Wines, Beer,|or Ale, be offered for Sale at 
 any such Border Fairs, such Articles being hereby declared 
 contraband. And the Officer commanding, or other Person 
 having the superintendance of any Border Fair, shall, and 
 he is* hereby authorised and require to search any Bag- 
 gage or any Person present at such Fair, whom he may 
 suspect of having about him or her, or in his or her Baggage, 
 any Arms or Ammunition, Wines, Beer, Ale, or Spirituous, 
 Liquors ; and on the discovery of any spirituous Liquors, 
 Wines, Beer, or Ale, beyond what in the opinion of the Officer,
 
 341 
 
 or other Person having the superintendance of the Fair as No.23. 
 aforesaid, may be requisite for the consumption of the party, 1826. 
 to seize and spill the same, and on the discovery of any 
 Arras or Ammunition, beyond what may be deemed neces- 
 sary for personal defence, to seizethe same, and forward the 
 Person or Persons on whom, or in whose Baggage such Fire- 
 Arms, or other offensive Weapons, or Ammunition may be 
 found, in custody to the nearest Landdrost or other Civil 
 Magistrate, to be dealt with according to Law. 
 
 5. And it is further enacted, That the Officer commanding 
 at, or other Person superintending, a Border Fair, shall be, 
 and he is hereby authorised and required to arrest and detain 
 iu custody until the Fair shall be over, any Person, who shall 
 commit any Riot or Disturbance therein, or who shall 
 Traffick without a Licence, or who shall Traffick or offer to 
 Traffick in contraband Articles ; or who shall refuse to shew 
 his Licence, when required, by the proper Officer so to do ; or 
 who shall be detected in defrauding or maltreating a Caffre, or 
 other Foreigner attending such Fair, and shall discharge or 
 send away such Person in custody to the nearest Magitrate to- 
 be dealt with according to Law, as such Officer or Superin- 
 tendant in his discretion shall think fit : Provided always, that 
 such Discharge shall not prevent or impede the Prosecution 
 before the proper Tribunal of any Person taken into custody 
 and subsequently discharged as aforesaid : And provided: 
 further, that any Person who shall have been taken into custo- 
 dy for Trafficking, or offering to Traffick, in contraband 
 Articles, shall not be discharged, but shall be forwarded to 
 the nearest Magistrate as aforesaid. 
 
 6. And it is further enacted, That it shall and may be law- 
 ful for the Governor for the time being of this Colony to 
 authorise the Landdrosts, and Deputy Landdrosts, of the 
 Frontier Districts, to grant Licences, under Hand and Seal, 
 to snch Colonists of good character as may desire to trade 
 privately with the Nations beyond the boundaries of such, 
 District ; such Licences to be perfected on a Stamp of Six 
 Pounds value, or of such other amount as may hereafter 
 legally be required, and to be in force for one Year only ; 
 and further to grant Passports to Foreigners living beyond 
 the Frontier to enter into the Colony, for the purpose of 
 trading with the Colonists, under such Regulations and 
 Restrictions, and subject to such Penalties for tbe contraven- 
 tion thereof, as the Governor of this Colony, for the time 
 being, may authorise and direct : Provided always, that 
 nothing therein contained shall be repugnant to any of the 
 Provisions of this Ordinance, or impose any Duty or Tax.
 
 342 
 
 No. 23. not herein authorised ; or any Penalty greater than the 
 
 1826. confiscation of any Goods, Wares, or Merchandize, which 
 
 in contravention of the Regulations as aforesaid shall be 
 
 brought by any Foreigner into the Colony, and removal of 
 
 such Person to beyond the boundaries thereof. 
 
 7. And whereas it is necessary, with a view to prevent 
 the fatal consequences that have arisen from illicit Traffick 
 between the Caffres and the Colonists, to prohibit under the 
 severest Penalties, all Commerce with the Nations living 
 beyond the Boundaries of the Colony, which is not autho- 
 rised under the provisions of this Ordinance . It is hereby 
 enacted, that it shall not be lawful for any Persons, excepting 
 the Military on Duty, and licensed Traders on their journey 
 to and from the Border Fairs, or other Persons licensed to 
 Trade privately, under the authority of this Ordinance, to 
 pass into any parts beyond the Boundary of this Colony, 
 without a written Passport, signed by the Landdrost or 
 Deputy Landdrost of the District through which such Per- 
 son shall pass out of the Colony, and the Officer command- 
 ing His Majesty's Troops, when any are stationed therein ; 
 and any Person duly convicted of such Offence shall be liable 
 to a Penalty not exceeding Ten Pounds, nor less than Five 
 Pounds, or in default of payment, to Imprisonment for a 
 period not exceeding Two Months for the first Offence ; and 
 for the second and every subsequent Offence, to a Penalty 
 not exceeding Twenty Pounds, nor less than Ten Pounds, or 
 in default of payment to Imprisonment for a period not 
 exceeding Four Months. 
 
 8. And it is further enacted, That any Person, duly convic- 
 ted o having been beyond the Frontiers of the Colony, 
 having in his or her possession, for Sale or Barter, any 
 Articles authorised to be sold or bartered at the Border 
 Fairs, not being a licensed Trader, on his or her way to or 
 from the Border Fairs, or other Person licensed to Trade 
 privately under the authority of this Ordinance, such Person 
 shall be liable to a Fine of Twenty Pounds, or in default of 
 payment thereof, to Imprisonment for Three Months for the 
 first Offence ; and for the second and every subsequent Of- 
 fence, to a Penalty of Fifty Pounds, or in default of pay- 
 ment thereof, to Imprisonment for Six Months. 
 
 9. And it is further enacted, That any Person who shall 
 be duly convicted of haviug passed the Boundaries of the 
 Colony as aforesaid, without legal permission so to do, and 
 shall be further convicted of having actually engaged in 
 Traffick with the Caffres, or any other of the Nations living
 
 343 
 
 beyond the Boundaries of this Colony, contrary to the Pro- No. 23 
 visions of this Ordinance, shall be liable to a Fine of Fifty 1826. 
 Pounds, or in default of payment thereof, to Imprisonment 
 for Six Months for the first Offence, and for the second 
 Offence, such Person shall, in addition to the Fine of Fifty 
 Pounds, or Imprisonment for Six Months as aforesaid, be 
 banished for Three Years from all the Frontier Districts of 
 this Colony. 
 
 10. And be it further enacted, That any Person, save 
 and except the Military on duty, or other Person duly autho- 
 rised by the Governor of this Colony, who shall be found 
 beyond the Boundaries of this Colony, having in his or her 
 possession any Fire Arms or other Offensive Weapons, or 
 any Ammunition, beyond what may be deemed necessary for 
 personal defence ; and any Person who shall sell or barter, 
 or offer for Sale or Barter, to any of the Natives residing 
 beyond the Boundaries, any contraband Article whatsoever 
 whether such Sale, or offer of Sale, take place within or 
 beyond the Boundaries of this Colony, or at a Border Fair 
 or otherwise, shall, on conviction thereof, be subject to the 
 Penalty of One Hundred Pounds, or in default of payment 
 thereof, to Six Months' Imprisonment at Hard Labour, and 
 shall further be banished, after the payment of such Fine, 
 or the expiration of such Imprisonment, from all the Fron- 
 tier Districts, for the space of Three Years. 
 
 11. And it is hereby enacted, That all Contraventions of 
 the present Ordinance shall be cognizable before the Courts 
 of Landdrost, or Deputy Landdrost, and Commissioned Heem- 
 raden of the District in which (or where the Offence has 
 been committed beyond the Colony, of the District nearest 
 to the place where,) any such Offence may have been com- 
 mitted, save and except such Offences as are subject, under 
 this Ordinance, to Banishment from the Frontier Districts, 
 which shall be cognizable before the Boards of Landdrost 
 and Heemraden ; and all Forfeitures and Penalties incurred 
 under this Ordinance shall be sued for and recovered by the 
 Public or other Prosecutor, and shall belong and be given 
 One Half to the Informer, and One Half to the Colonial 
 Treasury. 
 
 12. And it is hereby further enacted, That the several Pro- 
 clamations and Ordinances hereinafter mentioned, relative to 
 the Intercourse, Trade, or Commerce, with the Nations 
 beyond the Boundaries of this Colony ; that is to say, the 
 Proclamations of the 8th December 1739 26th April 1770 
 5th April 1774 2d April 1812 20th July 1821 13th 
 September 1822 14th March 1823 28th November 1823
 
 344 
 
 fo.23. 23d July 1824 27th January and 29th April 1825; and 
 1826. the Ordinances of His Excellency the Governor in Council 
 Nos. 4 and 16, ( x ) dated 21st June and 17th November 1825, 
 shall be repealed, and they are hereby repealed accordingly, 
 save and except so far as the said Proclamations and Or- 
 dinances, or any of them, repeal any former Proclamations 
 or Ordinances, or any clause, matter, or thing therein con- 
 tained. 
 
 God save the King I 
 
 Given at the Cape of Good Hope, llth September 1826. 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) R. Flasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. JV1. Perceval, Clerk to the Council. 
 
 No. 24. Signed, Rich. Bourke. 
 
 Ordinance for establishing Matrimonial Courts at 
 Tulbagh, Caledon, and Cradock. ( 2 ) 
 
 WHEREAS it is expedient to increase the number of 
 Matrimonial Courts within the Colony, and to invest 
 the Special Heemraden in places where this may con- 
 veniently be done with the power of holding the same : 
 Be it therefore enacted, That from and after the date 
 of this Ordinance, Matrimonial Courts shall be, and 
 the same are hereby established within the several 
 Jurisdictions of the Special Heemraden residing at 
 Tulbagh, Caledon, and Cradock, the same to be pre- 
 sided by the aforesaid Special Heemraden respectively, 
 who together with Two Heemraden of their respective 
 Districts, or in default thereof, with One Heemraad 
 and One Field-Cornet, or with Two Field-Cornets of 
 their respective Districts as aforesaid, shall hold their 
 several Sessions for the purpose of Registering Marri- 
 ages at the least once in every month, upon such day 
 
 (') Vide pages, 277 and 306. 
 
 (*) Allowed by the Home Government, But repealed by Ordi- 
 nance No. 331837.
 
 345 
 
 thereof, as the said Special Heemraden shall respec- No 24. 
 tively appoint. 1826. 
 
 2. And be it further enacted, That the Clerks of the 
 several Special Heemraden shall officiate as Secretaries to the 
 said Courts respectively, and that the said Courts shall be 
 governed by the same Rules and Regulations as are pre- 
 scribed to the Boards of Landdrost and Heemraden, in the 
 several Country Districts, by the Colonial Laws now in 
 force. 
 
 3. And be it further enacted, That a Record of the pro- 
 ceedings of the Courts hereby constituted shall be transmitted 
 Quarterly by the said Special Heemraden to the Matrimonial 
 Courts of their respective Districts of Worcester, Swellendam, 
 and Somerset, to be therein Registered according to Law. 
 
 God save the King ! 
 Given at the Cape of Good Hope, 21st Sept. 1826. 
 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) R. Flasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council. 
 
 No. 25. Signed, Rich. Bourke. 
 
 Ordinance for the letter Regulation of the Post 
 Office in the Colony of the Cape of Good Hope. ( x ) 
 
 WHEREAS it is expedient, with a view to meet the 
 heavy Expense consequent on the regular transmission 
 of the Mails throughout the extended Districts of this 
 Colony, to alter the Rates of Postage, and to abridge 
 the Privilege of sending and receiving Letters free of 
 Postage, as hitherto enjoyed by sundry Persons, both 
 Civil and Military, within this Colony : Be it therefore 
 enacted, That from and after the commencement of 
 this Ordinance, no Letters or Packets whatsoever, con- 
 veyed by the Mails, shall pass free of Postage, except 
 such as are hereinafter mentioned, and under the Pro- 
 visions and Limitations hereinafter expressed. 
 
 (') Allowed by the Home Government But altered and repealed 
 by Ordinance No. 56 1829 and Ordinance No. 31834.
 
 346 
 
 No. 26. 2. And be it further enacted, That all Letters and Packets 
 1826. addressed to His Excellency the Governor His Honor the 
 Lieutenant-Governor the Commander of the Forces the 
 Chief Secretary to Government and the Military Secretary 
 to the Commander of the Forces, shall pass free of Postage ; 
 as well as all Letters and Packets superscribed by the Officers 
 aforesaid, or by such Persons as may be legally deputed by 
 them for that purpose. ( 1 ) 
 
 3. And be it further enacted, That Letters addressed to, 
 or superscribed by, the Honorable the Members of Council, 
 shall pass free of Postage ; provided always, that such Letters 
 be not addressed to, or received from, any places beyond the 
 Limits of this Colony, and that the number of Letters sent or 
 received by any one of the Members of Council, shall not ex- 
 ceed respectively by any one Post ten Letters, nor any one 
 of such Letters exceed in weight one ounce : And provided 
 further, that all Letters sent by them shall be superscribed 
 with the name of the Member franking the same, and of the 
 place from whence dispatched by Post ; with the date of the 
 month in words at length, and the year in figures the 
 whole of such superscription or direction being written by the 
 Member of Council franking such Letter. ( 2 ) 
 
 4. And be it further enacted, That all Letters and Packets, 
 being on His Majesty's Service only, addressed to, or super- 
 scribed by, the Officer Commanding in Chief His Majesty's 
 Ships and Vessels on this Station, and all such Letters and 
 Packets addressed to, or superscribed by, the Principal Offi- 
 cer of the Dock- Yard at Simon's Town, in the absence of 
 the Commanding Officer as aforesaid, shall pass free of Post- 
 age. The Officer Commanding in Chief His Majesty's Ships 
 and Vessels on this Station shall also, individually, have the 
 same privilege of sending and receiving private Letters free of 
 Postage, which is granted under this Ordinance to the Ho- 
 norable the Members of Council. ( s ) 
 
 5. And be it further enacted, That all Letters and Packets 
 addressed to the Postmaster-General, and superscribed by 
 any of the Deputy Postmasters or other Persons employed in 
 the service of the Post Office ; and all Letters addressed to 
 such Persons, and superscribed by the Postmaster-General, 
 being on Public Service only, shall pass free of Postage : as 
 
 (') Partially repealed by Ordinance No. 56, 2. 
 
 ( 2 ) Repealed by Ordinance No. 31834. 
 
 ( 3 ) Repealed by Ordinance No. 56, 2.
 
 347 
 
 likewise Letters to or from Foreign Postmasters, on the ser- No. 25. 
 vice of their respective Post Offices. 1826. 
 
 6. And be it further enacted, that all Letters and Packets 
 arriving from the United Kingdom, addressed to Individuals 
 resident in this Colony, and franked by Persons competent 
 so to do, shall be received at the several Post Offices at the 
 Ports at which such Letters may arrive, and be delivered 
 there free of Postage; and if such Letters be on Public Service, 
 and addressed to other parts of the Colony, they shall be 
 forwarded to their respective destinations free of Postage. 
 
 7. And be it further enacted, That all single Letters ad- 
 dressed to Non-Commissioned Officers, Seamen, or Privates, 
 in his Majesty's Navy, Army, Artillery, or Marines, on Ser- 
 vice in this Colony, or on the Naval Station thereof, relating 
 to their Private Concerns only, shall be subject to a Postage 
 of One Penny each, to be paid on the delivery of such Letters ; 
 and if any such Letters, arriving from abroad, shall have 
 already been taxed with the Duty of One Penny, they shall 
 be exempt from all Postage in this Colony ; provided always, 
 that all such single Letters be directed to such Non-Commis- 
 sioned Officers, Seamen, or Privates, Specifying the Ship, 
 Vessel, Regiment, Troop, Corps, Company, or Detachment 
 to which they may belong : And provided also, that such 
 Letters be delivered to no one but to the Person to whom 
 they shall be directed, or to some Person employed to receive 
 the same by their Commanding Officer. 
 
 8. And be it further enacted, thut all single Letters sent 
 by any Non-Commissioned Officer, Seaman, or Private, in 
 His Majesty's Navy, Army, Artillery, or Marines, actually 
 on Service as such within this Colony, or on the Naval 
 Station thereof, shall be subject to the Postage of One Penny 
 only for the conveyance of any such Letter, to be paid on 
 delivery at the Post Office where it is put in : Provided al- 
 ways, that such Letter be superscribed by the Commanding 
 Officer, for the time being, of the Ship or Vessel, Corps, 
 Regiment, or Detachment to which such Non-Commissioned 
 Officer, Seaman, or Private may belong ; together with the 
 name of the Writer thereof, and of the Corps or Vessel to 
 which he may belong. 
 
 9. And be it further enacted, that on the arrival of any 
 Vessel from abroad with Bags of Letters (not made up at 
 any of the Post Offices in the United Kingdom,) or with 
 loose Letters addressed to any of the Inhabitants of this 
 Colony, or on the arrival of any Vessel from any of the Ports 
 of this Colony with Letters or Bags of Letters as aforesaid, it
 
 348 
 
 No. 25. shall be lawful for the Postmaster stationed at the Port or 
 1826. Bay in which such Vessel may arrive, and he is hereby re- 
 quired to pay to the Master, Officer, or other Person, who 
 shall deliver such Letters to the Postmaster, or to the Captain 
 of the Port for transmission to the Post Office, One Penny 
 for every Letter bearing Postage so delivered, which amount 
 so paid shall be charged by the Postmaster in his Contingent 
 Account. (*) 
 
 10. And be it further enacted, That from and after the 
 commencement of this Ordinance it shall be lawful for the 
 Postmaster-General, and the several Postmasters in this Co- 
 lony, and they are hereby required to demand and receive for 
 each Printed Newspaper or Journal One Penny, to be paid 
 on being put into the Post Office, provided such Newspa- 
 per or Journal be sent without cover, or in a cover open at 
 the sides; and it shall be lawful for the Postmaster-General, 
 and Postmasters throughout the Colony to examine and 
 search any Packet sent without a cover, or in a cover open 
 at the sides, in order to discover whether any other paper or 
 thing whatsoever be enclosed with such Printed Paper, per- 
 mitted to be sent at the Rates aforesaid, and in order to dis- 
 cover whether the said Printed Papers, liable to Stamp Duty, 
 shall have been duly stamped ; and in case any other paper 
 or thing whatsoever shall be found to be enclosed or concealed 
 in or with such Paper as aforesaid, or in case there shall be 
 any writing other than the superscription upon such Printed 
 Paper, or upon the cover containing the same, the whole of 
 such Packet shall be charged with Treble the Postage of a 
 Letter ; and in case any Newspaper, or other Printed Paper 
 liable to Stamp Duty, shall appear not to have been duly 
 stamped, every such Postmaster is hereby required to stop 
 the same, and send it to the Commissioner of the Stamp 
 Duties in Cape Town : Provided always, that no Charge 
 shall be made for the conveyance of the Government Gazette 
 by Post throughout the Colony. 
 
 11. And be it further enacted, That all Printed Newspa- 
 pers and Journals arriving from abroad, addressed to any 
 Person residing in this Colony, shall be delivered at the Post 
 Office of the Port where the Vessel conveying the same shall 
 arrive free of Postage ; and if forwarded by the Inland Post, 
 shall be chargeable with One Penny each on delivery thereof. 
 
 12. And be it further enacted, That all Printed Papers to 
 be conveyed under the Provisions of this Ordinance, shall be 
 
 (') Repealed by Ordinance No. 31834.
 
 349 
 
 delivered to the Postmaster-General, or his Deputy, or De- No. 25. 
 puties, at such hours in the day and under all such Regula- 1826. 
 tions as the Postmaster-General for the time being shall from 
 time to time appoint. ( J ) 
 
 13 And be it further enacted, That from and after the 
 commencement of this Ordinance, the sums to be demanded 
 and received by the several Postmasters throughout the Colony 
 for the conveyance of Letters or Packets, shall be according 
 to the amount expressed in the Table of Rates hereunto an- 
 nexed, and no other, ( 2 ) 
 
 14. And be it further enacted, That it shall and may be 
 lawful for the Chief Secretary to Government, and the Military 
 Secretary to the Commander of the Forces, to nominate and 
 appoint from time to time one Clerk or other Person in their 
 respective Offices to Frank, by affixing his Signature thereto, 
 all such Letters and Packets, on Public Service only, as may 
 require to be dispatched by Post to their respective Offices : 
 Provided always, that due notice be given to the Postmaster- 
 General, in Cape Town, of the appointment of such Persons 
 for the discharge of this duty. ( 3 ) 
 
 15. And whereas it is expedient to prevent Persons not 
 legally authorised from carrying Letters and Packets to the 
 injury of the Revenue of the Post Office, be it therefore 
 enacted, That no Person or Persons whatsoever other than 
 the Postmaster-General, his Deputy or Deputies, Servants, 
 or Agents, or other Persons acting under the authority of this 
 Ordinance, shall receive for conveyance, or shall convey or 
 deliver any Letter or Packet, or make any collection thereof 
 for conveyance or delivery within those parts of this Colony 
 through which the line of Post now established, or hereafter 
 to be established, does or shall extend, on pain of forfeiting, 
 on conviction thereof, a sum not exceeding Five Pounds, 
 nor less than Ten Shillings, for every offence so committed 
 against the tenor and meaning of this Ordinance : Provided 
 always, that nothing herein contained shall extend to prevent 
 the transmission of Letters on the Public Service by special 
 Messengers, or of Private Letters by Servants, or other hired 
 Persons, such Letters being bona fide on the business of 
 their Masters or Employers only ; or the conveyance of Letters 
 
 (') Repealed by Ordinance No. 3 1834. 
 
 ( 2 ) Repealed by Ordinance No. 3, 1834. 
 
 ( 3 ) Repealed by Ordinance No. 50, 2. 
 
 GG
 
 350 
 
 No. 25. by private hands, if delivered at the Post Office of the Place 
 
 1826. to which they are addressed, and superscribed with the name 
 
 of the Post Town nearest to the Place from whence taken, to 
 
 be stamped and charged upon delivery according to the Table 
 
 of Rates. (*) 
 
 16. And be it further enacted, That in case any Public 
 Officer receiving Letters on Public Service, free of Postage, 
 shall receive under cover to him any Letter or Packet, not 
 being on His Majesty's Service, intended for or directed to 
 other Persons, with intent to evade the payment of Postage, 
 every such Officer is hereby authorised and required to send 
 such Letter to the nearest Post Office, with a Certificate 
 staling the place from whence such Letter was dispatched by 
 Post, under cover to him, in order that such Letter or 
 Packet may be charged with the duty of Postage payable 
 thereon : And in case any Member of Council or other Per- 
 son privileged under this Ordinance to receive private Letiers 
 free of Postage, shall receive under cover to him, any Letter 
 intended for any other Person, and addressed to him, with- 
 out his knowledge and consent, with the intent to evade the 
 payment of Postage, notwithstanding such Letter may be 
 within the number such Person is authorised to receive by 
 each Post, such Member of Council, or other Person so pri- 
 vileged under this Ordinance, shall, and he is hereby autho- 
 rised and required to send such Letter to the nearest Post 
 Office, with a Certificate stating the place from whence such 
 Letter was dispatched by Post, under cover to him, in order 
 that such Letter may be charged with the duty of Postage 
 payable thereon. 
 
 17. And be it further enacted, That if any Person or Per- 
 sons shall forge or counterfeit the Hand-writing, or make 
 use of the Name of any Person whatsoever, in the superscrip- 
 tion of any Letter or Packet to be sent by Post in this Colony, 
 in order to avoid the Payment of the Duty of Postage thereon : 
 or shall forge, counterfeit, or alter, or shall procure to be 
 forged, counterfeited, or altered, with the intent aforesaid, 
 the Date, Place, or any other part of the Superscription of 
 any such Letter or Packet ; or shall send by the Post iu this 
 Colony, any Letter or Packet, the Superscription or any 
 part whereof shall be forged, counterfeited, or altered, in 
 order to avoid the Payment of the Duty of Postage thereon, 
 
 (') Repealed by Ordinance No. 3 1834.
 
 351 
 
 knowing the same to be forged, counterfeited, or altered No. 25. 
 every Person so offending shall, on conviction thereof, forfeit 1826. 
 and pay the>Sum of Fifty Pounds Sterling for the first Offence, 
 or in default of payment be imprisoned for Six Months, with 
 Hard Labour ; and for the second Offence, shall forfeit and 
 pay the Sum of One Hundred Pounds Sterling, or in default 
 of payment shall be imprisoned for Twelve Months, with 
 Hard Labour ; and for the third Offence shall be transported 
 for Seven Years to New South Wales, or to such other 
 place as to His Majesty may seem meet. 
 
 18. And be it further enacted, That all Penalties incurred 
 under the Provisions of this Ordinance shall be sued for by 
 the Public Prosecutor; and all Fines and Forfeitures shall 
 be given, One Half to the Informer, and One Half to the 
 Colonial Treasury. 
 
 19. And be it further enacted, That this Ordinance shall 
 take effect and be in force from and after the 15th day of 
 November next. 
 
 God Srve the King ! 
 Given at the Cape of Good Hope, 9th October 1826. 
 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) R. Plasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council.
 
 352 
 
 No. 25. 
 1826. 
 
 Table of Rates of Postage. 
 
 Direct and Intermediate Rates of the Post Route to the 
 Eastern Frontier. 
 
 
 
 
 
 = -> 
 
 < 
 
 * "2 
 
 " O 
 
 To ff from Cape 
 
 C cc 
 
 "d" 
 
 l5 
 
 Town to Somerset . a 
 
 
 
 
 (Hott. Holland.) 
 
 
 
 Jaledon . . . 
 
 5 
 
 2d. 
 
 J ii 1 s? 
 
 Swellendam . 
 
 7 
 
 4 
 
 (I 
 
 * 3 O 
 
 
 
 
 
 
 
 
 
 o O bo 
 
 Port Beaufort 
 
 8 
 
 6 
 
 4 
 
 d 
 
 S" S 
 
 3eorge .... 
 
 9 
 
 7 
 
 6 
 
 6 
 
 6(1 
 
 v c ' _4 
 J J " 
 
 Plettenberg'si 
 Bay . . . / 
 
 11 
 
 9 
 
 8 
 
 7 
 
 8 
 
 5d 
 
 
 Uitenhage . . 
 
 10 
 
 9 
 
 8 
 
 7 
 
 8 
 
 B 
 
 8d 
 
 *3 "* 
 
 Port Elizabeth 
 
 11 
 
 10 
 
 9 
 
 8 
 
 ) 
 
 7 
 
 9 
 
 2d 
 
 II,, 
 
 
 
 
 ___ 
 
 
 
 _ 
 
 
 
 
 
 
 
 
 
 
 2 s 
 
 jraham'bTown 
 
 12 
 
 11 
 
 It 
 
 9 
 
 10 
 
 8 
 
 10 
 
 4 
 
 6d 
 
 1 I I 
 
 Bathurst . . . 
 
 13 
 
 12 
 
 11 
 
 10 
 
 11 
 
 9 
 
 11 
 
 5 
 
 7 
 
 3d a '5 
 
 Port Frances 
 
 13 
 
 12 
 
 11 
 
 II 
 
 11 
 
 9 
 
 11 
 
 5 
 
 7 
 
 4 Id | te ^ 
 
 Graaff-Hcinet 
 
 12 
 
 11 
 
 1( 
 
 c 
 
 K 
 
 8 
 
 10 
 
 4 
 
 6 
 
 6 7 7d o 
 
 
 ,^__ 
 
 
 
 
 
 _ 
 
 
 
 
 
 
 
 
 
 
 
 B * 
 
 Somerset . . . 
 
 13 
 
 U 
 
 11 
 
 u 
 
 11 
 
 9 
 
 11 
 
 5 
 
 7 
 
 3 4 4 3d $ | 
 
 Cradock . . . 
 
 13 
 
 12 
 
 1 
 
 11 
 
 11 
 
 9 
 
 11 
 
 5 
 
 7 
 
 3 4 4 3 3d 
 
 Beaufort . . . 
 
 13 
 
 12 
 
 1 
 
 K 
 
 11 
 
 9 
 
 11 
 
 5 
 
 7 
 
 9 10 10 6 8 7d
 
 353 
 
 No. 25. 
 1826. 
 
 Direct and Intermediate Rates on the Post Route 
 to the Northern Frontier. 
 
 
 
 
 
 *~ 
 
 
 = 
 
 
 , * 
 
 - 
 
 To fy from Cape 
 Town to Stellen- 
 bosch. 
 
 3d. 
 
 E 
 
 "3 ~ 
 
 ** 
 
 CO rt 
 
 
 ____ 
 
 
 O, 
 
 The Paarl . . 
 
 4 
 
 2d 
 
 o 
 
 =" _E- 
 
 
 
 
 H 
 
 bO 
 
 
 
 
 
 OS 
 
 
 
 
 
 5 - 
 
 Tulbagh . . . 
 
 6 
 
 5 
 
 4d 
 
 3 ^j 
 
 H S 
 
 
 " 
 
 
 
 ta 
 
 Worcester . . 
 
 7 
 
 6 
 
 5 
 
 3d ^ 
 
 Clanwilliam . 
 
 8 
 
 7 
 
 6 
 
 4 6d 
 
 To and from Cape Town and Simon's Town, 3d. 
 
 ' Simon's Town to any place beyond Cape Town, !</. 
 
 above the rates between that place and Cape Town. 
 
 NB. 'Double Letters are to be charged double the price of a single 
 Letter ; treble Letters, three times the price ; Letters of one Ounce 
 weight, four times the price ; and so in proportion for every Letter ex- 
 ceeding one Ounce in weight. 
 
 Ship-Letters sent from, and brought into 
 the Colony, . . . 
 
 /SAzp Letter Rates. 
 
 Single. Double. 1 Ounce. 
 Sd. Is. 
 
 If conveyed by Inland Post, 4rf. only, 
 in addition to the Inland Rates. 
 
 Newspapers or Pamphlets sent from the 
 
 Colony, each, 
 By any Inland Post, each. 
 
 Id. 
 
 GG2
 
 354 
 
 No. 26. Signed Rich. Bourke. 
 
 Ordinance for Levying a Stamp Duty on Printed 
 Newspapers and certain other Periodical Works. ( x ) 
 
 WHEREAS it is expedient to levy a Stamp Duty on 
 Newspapers, and certain other Periodical Works, 
 printed and published in this Colony, which are not 
 included in the Tariff annexed to the Proclamations 
 of the 30th April, and 10th December, 124 : Be it 
 therefore enacted, That from and after the commence- 
 ment of this Ordinance there shall be collected and 
 paid in this Colony, for and in respect of the several 
 Articles, Matters, and Things mentioned and described 
 in the Schedule to this Ordinance annexed, (except 
 those standing under the Head of Exemptions,) the 
 several Sums of Money and Duties as therein respective- 
 ly inserted and described ; and that there shall be al- 
 lowed and paid, for and in respect of all such Articles, 
 Matters, or Things as are inserted and described in the 
 said Schedule in that behalf, the several Allowances 
 therein set forth; and that the said Schedule, and 
 every clause therein respectively contained, shall be 
 deemed and taken as part of this Ordinance. 
 
 2. And be it further enacted, That from and after the 
 commencement of this Ordinance, any Person who shall be 
 convicted of Printing or Publishing, within this Colony, on 
 Paper not duly stamped, any Newspaper or other Periodical 
 Work required by this Ordinance to be stamped, shall be 
 subject to a Penalty of Twenty Pounds for every such Of- 
 fence one half whereof shall be paid to the Informer, and 
 one half to the Colonial Treasury. 
 
 3. And be it further enacted, That this Ordinance shall 
 take effect, and be in force, from and after the 1st day of 
 January 1827. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 23d October 1826. 
 By Command of His Honor the Lieutenant-Govcrnor, 
 
 (Signed) R. Plaskct, Secretary to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the CouneM. 
 
 (') Allowed by the Hume Government, but fide Ordinance No. GO, 
 1820.
 
 355 
 
 Schedule of Duties on Newspapers and other Periodical No.26. 
 Works printed and published in this Colony. 1826. 
 
 Any Newspaper, or Paper containing Public 
 News, Intelligence, or Occurrences, and not 
 exceeding One Sheet, .... One Penny. 
 
 For every additional Half-Sheet thereof - One Half-penny, 
 
 Any Almanack or Calendar for any Year, or 
 time less than a Year, ... Six-pence. 
 
 Any Almanack or Calendar made to serve for 
 any longer time than a Year, or for several 
 Years, Three Shillings. 
 
 Any Colonial Directory, .... Six pence. 
 
 Schedule of Allowances for the Purchase of the Stamps 
 enumerated in the foregoing Tame. 
 
 To any Person who shall bring Paper to the Stamp-Office in 
 Cape Town to be stamped, or who shall buy Stamped Paper at the 
 said Stamp-Office, the Duties whereof shall amount to Ten Pounds 
 or upwards, an allowance after the rate of Ten Pounds for every 
 Hundred Pounds, upon prompt payment of the said Duty upon 
 such Paper so bought or stamped. 
 
 Exemptions from the Duties on Papers containing 
 Public News, Intelligence, and Occurrences. 
 
 Acts, of Parliament, Proclamations, Orders in Council, Ordi- 
 nances. Goverment Minutes, and Acts of State, or other matters 
 printed by order of His Majesty, or of the Colonial Government. 
 
 Any Paper containing a single Advertisement, printed and dis- 
 persed separately : save and except Handbills, as specified in the 
 Proclamation of the 10th December, 1824, Article 6th. 
 
 Daily Accounts, or Bills of Goods imported and exported, and 
 Prices Current. 
 
 No. 27. Signed, Rich. Bourke. 
 
 Ordinance for postponing the exclusive Adoption of 
 the English Language in all the Courts of Justice 
 in this Colony. ( l ) 
 
 WHEREAS it is expedient to postpone the period at 
 which the use of the English Language js to be ex- 
 clusively adopted in all the Courts of Justice in 
 this Colony, until such Arrangements shall be made 
 as may facilitate the introduction of this beneficial 
 measure, and render its utility at once certain and 
 
 (') Allowed by the Home Government, but virtually repealed by 
 the Charter.
 
 356 
 
 No. 27. permanent ; and whereas many of these arrangements 
 1826. have, from unavoidable causes, been delayed, and 
 are yet wanting : Be it therefore enacted, That 
 so much of the Proclamation of the 5th day of 
 July 1822, as directs that the English Language shall 
 be used in all Judicial Acts and Proceedings of the 
 several Courts of Justice in this Colony, from and after 
 the 1st day of January 1827, shall be, and is hereby 
 repealed, and declared void and of no effect ; and that 
 it shall and may be lawful to continue to use the 
 Dutch Language in the Proceedings of those Courts 
 where it is now used ; any thing in the said Proclama- 
 tion of the 5th day of July 1822, to the contrary not- 
 withstanding. (*) 
 
 2. Provided always, and be it hereby enacted, That it 
 shall and may be lawful for the Governor of this Colony, for 
 the time being, by Proclamation to be made and published 
 at any time after the passing of this Ordinance, to direct 
 and order, that the English Language be used in the Judicial 
 Acts and Proceedings of all or any of the Courts of Justice 
 in this Colony, at such subsequent period as to him shall 
 seem fit. 
 
 God save the Kiny ! 
 
 Given at the Cape of Good Hope, 13th December 1826. 
 By Command of His Honor the Lieutenant-Govcrnor, 
 
 (Signed) R. Flasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council. 
 
 No. 28. Signed, Rich. Bourke. 
 
 Ordinance for destroying the Sum of 3,000 Rix-dol- 
 lars, being the Twenty-first Instalment of the Sum 
 of 75,000 Rix-dollars created and advanced by 
 the Satavian Government in the Year 1804, for the 
 special purpose of repairing the Damages occasioned 
 by a Fire in the Village of Stellenbosch. ( c ) 
 WHEREAS the Landdrost and Heemraden of Stellen- 
 bosch (?) have repaid to the Colonial Treasury the Sum 
 
 (') Vide Ordinance No. 11825, p. 273 
 ( s ) Allowed by the Home Government. 
 ( 3 ) Vide Ordinance No. 5, 1825, p. 27
 
 357 
 
 of Three Thousand Rix-dollars being the Twenty-first No.28. 
 Instalment of the Sum of Seventy-five Thousand Rix- 1827. 
 dollars, which had been created and advanced by the 
 Batavian Goverment, in the Year 1804, for the special 
 purpose of repairing the Damages occasioned by Fire 
 in that Village, and which Money was to be repaid by 
 Instalments of Three Thousand Rix-dollars per annum, 
 and publicly destroyed, as directed by the Proclama- 
 tion of the Governor and Council of the 30th Septem- 
 ber 1804 : 
 
 Be it therefore enacted, That it shall and may be law- 
 ful for the Governor of this Colony for the time being, 
 at any time within one month after the passing of this 
 Ordinance, by Warrant under his Hand and Seal, to 
 authorise and require D.Denyssen, Esq. His Majesty's 
 Fiscal, W. Hewetson, Esq. Deputy Commissary 
 General, together with two Members of the Court 
 of Justice, and two Members of the Burgher Senate, 
 to be appointed by the Court and Senate, to meet at the 
 Office of Revenue, in Cape Town, on any day and hour 
 to be named in such Warrant, being within one month 
 from the passing of this Ordinance, then and there to 
 receive from the Honorable J. W. Stoll, Esq. His Ma- 
 jesty's Receiver General, the Sum of Three Thousand 
 Rix-dollars, being the amount of the Twenty-first In- 
 stalment of the Sum of Seventy-five Thousand Rix-dol- 
 lars paid into the Colonial Treasury on the 15th June 
 1826, by the Landdrost and Heemraden of Stellenbosch, 
 in liquidation of the Loan made to them by the Batavian 
 Government in the Year 1804, and after examining the 
 same, to cause the same to be publicly burnecl and de- 
 stroyed in their presence. 
 
 And in case the examination of the several Pieces of 
 Money which constitute the above Sum of Three Thou- 
 sand Rix-dollars cannot be concluded in one day, then 
 and in that case it shall and may be lawful for the said 
 D. Denyssen, Esq. His Majesty's Fiscal, W. Hewetson, 
 Esq. Deputy Commissary General, and the other Per- 
 sons described as aforesaid, to adjourn, and proceed 
 therein as shall appear best to them ; but so as to finish 
 and conclude in the shortest time possible. 
 
 And it is hereby further directed, That the several
 
 358 
 
 No. 28. Persons abovementioned shall sign three Certificates of 
 1827. their Proceedings herein, to be drawn up and prepared 
 by Mr. C. M. Zastron, Clerk in the Colonial Secretary's 
 Office, under the direction of His Majesty's Fiscal, two 
 of which Certificates are to be delivered to the Hon. J. 
 W. Stoll, Esq. as his disharge for the Sum of Three 
 Thousand Rix-dollars, with which he now stands charg- 
 ed to His Majesty, and the other is to be lodged in the 
 Records of the Court of Justice, by His Majesty's Fiscal 
 and the Members thereunto belonging, at the next Meet- 
 ing, after the signing as above directed. 
 
 And it is further enacted, That His Majesty's Fiscal 
 shall require and demand of the Court of Justice, within 
 fourteen days after the lodging of such Certificates as 
 above-mentioned, that they, the said Court of Justice, 
 do pass a public Act, under their Hand tmd the Seal of 
 the Court, certifying and declaring all their Proceedings 
 which have been held and have taken place with regard 
 to the destroying of the Three Thousand Rix-dollars 
 received from the Landdrost and Heemraden of Stellen- 
 bosch, annexing to or including in such their Act, 
 authentic Copies of the several Certificates lodged, as 
 directed in their Records, which Public Act is to be 
 presented to the Governor of this Colony for the time 
 being, to be disposed of in such manner as to him may 
 seem fit, for the satisfaction of His Majesty in. the 
 premises. 
 
 God save the King ! 
 Given at the Cape of Good Hope, 21st April 1827. 
 
 By Command of His Honor the Lieut. Governor. 
 
 (Signed) R. Flasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council.
 
 359 
 
 No. 29. Signed, Rich. Bourke. 
 
 Ordinance for mailing Regulations for the Conduct 
 and Proceedings of the Masters and Crews of Mer~ 
 chant Vessels arriving in the Ports of this Colony. ( : ) 
 
 WHEREAS it is necessary for the Public Service, and 
 the benefit of Trade, to make certain Regulations for 
 the Conduct and Proceedings of the Masters and Crews 
 of Merchant Vessels arriving in the Ports of this Colony, 
 Be it therefore enacted, that from and after the passing 
 of this Ordinance, on the arrival of any Merchant 
 Vessel in any of the Ports or Harbours of this Colony, 
 the Master or other Person in charge thereof shall, 
 when required, shew the Ship's Papers and Register 
 to the Port Captain, Harbourmaster, or Government 
 Resident, and shall deliver a list of His Passengers 
 and Crew, with a description of their Rank, Sex, and 
 Occupation, together with a list of any Deaths or Re- 
 movals that may have occurred during the Voyage ; and 
 if it shall afterwards be made to appear, that the Master 
 or other Person in charge of the Vessel has not duly 
 accounted for every Individual as aforesaid, he shall 
 incur a Penalty of Fifty Pounds Sterling for each Per- 
 son so unaccounted, or falsely accounted for ; and he 
 shall not surfer any Person whatever, or any of his 
 Boats, to leave his Ship, or any other Boat to come 
 alongside his Ship, until permission shall have been 
 granted to him by the proper Authority to hoist the 
 Health Flag, under a like Penalty of Fifty Pounds. 
 
 2. And be it further enacted, That every Master or other 
 Person in charge of a Merchant Vessel, shall strictly obey 
 the Quarantine Laws and Regulations which now are, or 
 hereafter shall he in force wilhin the Colony, and shull hoist, 
 or cause to be hoisted, the Yellow Flair, at the Fore Top- 
 Gallant-Mast-Head, when ordered so to do by the Captain 
 of the Port, Officer of Health, or other competent Authority; 
 and if he shall refuse or nejrlect so to do, he shall incur a 
 Penalty of One Hundred Pounds Sterling, over and above 
 all other Penalties which may be awarded by Law for a 
 breach of the Quarantine Regulations. 
 
 (') Allowed by the Home Government, except 8 disallowed. 
 But partially repealed by Ordinance No. 1 1834. See also Ordi- 
 nance No, 65 infra.
 
 360 
 
 No.29. 3. And be it further enacted, That every Master or other 
 1827. Person in charge of a Merchant Vessel, shall deliver, as 
 soon as possible after his arrival in any of the Ports of this 
 Colony, all Public Mails entrusted to him for delivery there- 
 in; and if he shall refuse or neglect to deliver up the same 
 on demand, to the Port Captain or Harbourmaster, Govern- 
 ment Resident, or Officer from the Post Office, as the case 
 may be, he shall forfeit and pay the Sum of Twenty Pounds 
 Sterling for every Mail-Bag or Mail-Box so unlawfully re- 
 tained : he shall also deliver for transmission to the Post 
 Office any loose Letters in his Possession, addressed to Per- 
 sons in this Colony ; and for each loose Letter bearing Post- 
 age, he shall be entitled to receive the Sum of One Penny. 
 
 4. And be it further enacted, That the Master or other 
 Person in charge of any Merchant Vessel entering the Ports 
 of this Colony, shall, within twenty-four hours after anchor- 
 ing, unless prevented by stress of weather, deliver at the 
 Custom-House, or if there be no Custom-House, then at the 
 Office of the Government Resident, his Ship's Register, 
 Manifest of Cargo, and other necessary Papers relating to 
 his Ship; and shall, within the same period, give Bond at 
 the Port Office, or at the Office of the Government Resident, 
 with one approved Surety, in the Sum of One Hundred 
 Pounds Sterling for the due fulfilment of the provisions of 
 this Ordinance ; and if he shall refuse or neglect to comply 
 with any one of the Regulations set forth in this Section, he 
 shall, upon conviction, forfeit and pay a Sum not exceeding 
 Ten Pounds Sterling: Provided always, and it is hereby 
 enacted, that it shall and may be lawful for the Government 
 Residents at any of the Ports or Harbours in this Colony 
 (excepting Simon's Bay and Port Elizabeth), to dispense 
 with the execution of the Bond as aforesaid, if, under the 
 emergency of the case, he shall find it necessary so to do. 
 
 5. And be it further enacted, That it shall not be law- 
 ful for any Passenger or other Person arriving in any Mer- 
 chant Vessel, at any of the Ports of this Colony, to ship, 
 tranship, or bring on shore, any Goods, Wares, Merchan- 
 dise, or baggage, without a Permit from the proper Offi- 
 cer of Customs, or if there be no Custom-House at such 
 Place, then from the Government Resident thereat, which 
 shall particularize the nature and number of Cases, or Pack- 
 ages, under a Penalty not exceeding Five Pounds Sterling 
 for every Case or Package so illegally shipped, transhipped, 
 or landed; 01 in default of payment thereof, of imprisonment 
 for any period not exceeding Ten Days, such Fine or Im- 
 prisonment to be over and above any Fines, Penalties, For-
 
 361 
 
 feitures, or Confiscations, that may be adjudged in such No. 29. 
 Cases for a breach of the Revenue Laws now in force, or 1827. 
 hereafter to be enacted : and it shall not be lawful for any 
 Person whatsoever, to land Goods (Kind's Stores excepted), 
 at any place but at the Public "Wharf, or usual Landing 
 Place, without permission from the Custom-House to that 
 effect ; and any Goods, Wares, or Merchandise, so illegally 
 landed, or when landed on the Wharf, if not removed there- 
 from within twelve hours, unless prevented by some unavoid- 
 able accident, shall become liable to Seziure and Confisca- 
 tion on complaint of the Officer of Customs, or Wharfmaster. 
 
 6. And be it further enacted, That if any Master, or 
 other Person in charge of a Merchant Vessel, shall order, or 
 allow any of his Boats to board, or if any of his Boats shall 
 board, or run alongside of any Vessel arriving in the Ports 
 of this Colony, for the purpose of communication, before such 
 Vessel shall have hoisted the Health Flag, he shall forfeit 
 and pay a Penalty not exceeding Ten Pounds Sterling. 
 
 7. And be it further enacted, That if any Master, or other 
 Person in charge of a Merchant Vessel, shall knowingly and 
 wilfully receive on board his Ship, any Deserter from His 
 Majesty's Navy or Army, or any Runaway Slave, Contracted 
 Servant or Apprentice, he shall forfeit and pay the Sum of 
 Ten Pounds Sterling; and if he shall receive on board any 
 Seajnan, Seafaring Man, or Landsman, of any Nation or 
 Colour, without a Certificate from the Captain of the Port, 
 or Harbourmaster, countersigned by the Chief Officer of 
 Police at the place, he shall forfeit and pay a Sum not ex- 
 ceeding Forty Shillings for every person so harboured or 
 received; and he shall on no account remove or receive on 
 board his Ship any Person, for the purpose of removing him 
 or her from the Colony, unless such Person be provided with 
 a Permission to such effect, under the Hand of the Chief 
 Secretary to Government, or his Assistant, under a Penalty 
 of Fifty Pounds Sterling. 
 
 [8. And be it further enacted, That if any Master of other 
 or Person in charge of a Merchant Vessel, shall wilfully 
 or negligently leave behind him in this Colony, any Seaman, 
 Passenger, or other Person brought to it onboard his Vessel 
 unless on a Certificate from the Chief Officer of Police, stating 
 thatisuch Person has received permission to remain, he shall 
 forfeit arid pay the sum of Twenty Pounds Sterling, for 
 every Person thus unlawfully abandoned ; and if any such Per- 
 son shall wilfully or negligently remain in the Colony after the 
 departure of the Vessel which brought him or her to it, 
 
 HB
 
 362 
 
 No. 29. wi^out permission from the Chief Officer of Police or 
 1827. other lawful Authority as aforesaid, such Person shall, on 
 conviction, forfeit and pay a Sum not exceeding Twenty 
 Pounds Sterling, or in default of payment thereof be liable 
 to arrest as a Vagrant, and to be dealt with accordingly : 
 Provided always, that should any Seaman, with the consent 
 of the Master or other Person in charge of the Vessel to 
 which he may belong, desire to remain iu the Colony, he 
 shall upon production of a Certificate of good character 
 from the Master or other Person as aforesaid and of a Cer- 
 tificate from the Police Physician or District Surgeon, that 
 he is not afflicted with any disease or complaint likely to 
 incapacitate him from earning his livelihood by labour, re- 
 ceive a Pass to enable him to follow his Business as a Mariner 
 or other lawful occupation within the Colony. J (*) 
 
 9. And be it further enacted, That it shall not be lawful 
 for the Master or other Person in charge of any Merchant 
 Vessel, iu any of the Ports of this Colony, to allow his 
 Boats to remain on the shore, at the Public Wharf or Landing 
 Place, after Nine o'clock at Night, except through stress of 
 weather, or when the Public Service may require such Ves- 
 sel to be quickly watered , and permission shall have been 
 obtained from the competent Authority to that effect; and 
 for every Boat which shall be found on the shore, or at the 
 Wharf or other Public Landing Place, in contravention of 
 this Regulation, the Master or other Person in charge of the 
 Vessel to which it may belong shall forfeit and pay a Sum 
 not exceeding Five Pounds Sterling: And it is further en- 
 acted, that any Sailor or Boatman belonging- to any Mer- 
 chant Vessel lying in any of the Ports of this Colony, who 
 shall be found wandering about the streets or roads thereof 
 after the hour of Nine at night, shall be arrested and de- 
 tained by the Police or Military Patroles until he can be sent 
 on board his Ship or Boat, or shall be otherwise discharged 
 by the competent Civil Authority. 
 
 10. And in order that sufficient time may be given to search 
 for Deserters or Runaway Slaves, be it further enacted, 
 That it shall not be lawful for the Master or other Person 
 in charge of any Vessel to sail from any of the Ports of this 
 Colony, where a Custom-House is established, (unless such 
 Vessel shall have come in for refreshments only, or through 
 stress of Weather, and shall not have remained at Anchor 
 for more than three Days,) without due notice of her intended 
 Departure being given in Writing at the Cnstom-House Two 
 Days previous to her sailing: And in order that the intended 
 
 (') Repealed by Proclamation 14th May 1829.
 
 363 
 
 Departure of such Vessel may be notified to the Public, it No. 29. 
 is further enacted, that the Ship's Ensign shall be hoisted at 1827. 
 the Main Top-Gallant-Mast-Head twenty-four hours previous 
 to her departure, under a Penalty not exceeding Ten Pounds 
 Sterling. 
 
 11. And be it further enacted, That on the arrival of a 
 Merchant Vessel in any of the Ports of this Colony, the Mas- 
 ter or other Person in charge thereof, shall cause all Guns 
 on board to be immediately unshotted, and they shall not be 
 reshotted until the Vessel is clear of the anchorage, under a 
 Penalty of Five Pounds Sterling ; and no Musket or other 
 Firearm loaded with Ball or shot, shall be discharged on 
 board a -Ship or Boat in the anchorage, or on the beach, un- 
 der a Penalty not exceeding Forty Shillings, to be paid by 
 the Person duly convicted, or in default of payment thereof, 
 of Imprisonment for any period not exceeding Eight Days. 
 
 12. And be it further enacted, That no Stones, Gravel, or 
 Ballast, shall be cast into the water, below high-water mark, 
 within the Bays, Rivers, or Harbours of this Colony, by any 
 Master or other Person in charge of a Merchant Vessel, or 
 by any of the crew or Passengers thereof, or by any Person or 
 Persons under his or their orders, unless with the permission, 
 of the Port Captain or Harbourmaster, under a Penalty not 
 exceeding Ten Pounds Sterling, to be recovered from and 
 paid by the Master or other Person in charge of the Vessel 
 from which such Ballast shall be taken. 
 
 13. And be it further enacted, That in the event of the 
 Death of any of the Crew, Passengers, or other Persons, oc- 
 curring on board of any Merchant Vessel whilst remaining 
 in any of the Ports of this Colony, or in case of the Deser- 
 tion of any of the Crew, or Removal of any of the Passengers 
 as aforesaid, the Master or other Person in charge of such 
 Vessel shall forthwith report the same in writing to the Port 
 Captain, or to the Government Resident, under a Penalty of 
 Five Pounds Sterling for every Death, Desertion, or Removal, 
 which he shall neglect so to report. 
 
 14. And be it further enacted, That in the event of the 
 Master or other Person in charge of any Merchant Vessel, 
 who may have entered into Security in the manner required 
 by this Ordinance, having left any of the Ports in this 
 Colony, so that he cannot be personally prosecuted for the 
 
 contravention of any of the provisions of this Ordinance, then 
 and in such case it shall and may be lawful for the Public 
 or other Prosecutor, or for any Informer, to sue the Surety 
 of such Master or other Person as aforesaid, upon his Bond,
 
 364 
 
 No. 29. aud upon proof of the Offence to obtain Judgment, and re- 
 1827. cover by Parata Executio the amount of any Penalty or 
 Penalties which shall have been incurred by the Master or 
 other Person for whom such Surety shall have been bound : 
 Provided always, that no Surety shall be condemned in any 
 larger amount than that for which he has given Security by 
 Bond as aforesaid, and that the Complaint be lodged, or 
 Action be brought, within One Month after the departure of 
 the Master or other Person in charge of the Vessel as afore- 
 said. 
 
 15. And be it further enacted, That from and after the 
 First Day of January J828, all Individuals, Proprietors of 
 Boats in this Colony, whether used in the Transport of Mer- 
 chandise, or for Fishing, or for any other purpose what- 
 soever, shall be and they are hereby bound to obtain a 
 Licence for the employment of such Boats, to be granted by 
 the Captains of the Port, or Harbourmasters, or the Govern- 
 ment Residents, as the case may be, at the several Ports in 
 this Colony ; such Licence to be on a Stamp of One Shilling, 
 and to be renewed annually: And the Proprietors of any 
 Boats employed without such Licence from and after the first 
 day of January 1828, or without having had their Licence 
 renewed at the expiration thereof, shall be subject to a 
 Penalty of Five Pounds Sterling ; and in case of the Pro- 
 prietors not being forthcoming, such Boat so employed with- 
 out the regular Licence shall be confiscated. 
 
 16. And be it further enacted, That no Licence shall be 
 granted for any Boats as aforesaid, until the Proprietors 
 thereof shall have given Bond, with two competent Sureties, 
 in the penal Sum of Twenty Pounds Sterling, for their good 
 and regular conduct, and for the due observance of these 
 Regulations, or such other as may hereafter be established 
 by Law on this head, and shall have produced a Certificate 
 of Tonnage of the said Boats, signed by a Master Shipwright 
 or other competent Person. 
 
 17- And be it further enacted, That all Boats so licensed, 
 shall be numbered, and their Numbers painted legibly on 
 their Sterns, in figures of not less than three inches in length, 
 with black paint on a white ground, and shall be duly re- 
 gistered at the Office from whence the Licence shall be granted. 
 
 18. And be it further enacted, That no Boat belonging- 
 to any Individual in this Colony shall be allowed to board 
 any Vessel arriving in the Ports thereof, until such Vessel 
 shall have hoisted the Health Flag, under a Penalty to be 
 levied on the Proprietor of such Boat, of Ten Pounds Ster-
 
 365 
 
 ling 1 , independent of any other Pains or Penalties for a No. 29. 
 breach of the Quarantine Laws ; nor shall any Boatman be 1827. 
 permitted to land or leave the Shore after Nine o'clock at 
 night, or before Day-light in the morning, without pe rm- 
 sion of the Port Captain, Harbourmaster, or Government 
 Resident, as the case may be, under a similar Penalty of Ten 
 Pounds Sterling. And the Proprietors of Boats shall be 
 considered responsible for the conduct of the Persons they 
 may place in charge thereof, in as far as relates to the con- 
 travention of any of these Regulations. 
 
 19. And be it further enacted, that on the Tranpfer by 
 Sale, or otherwise, of any Boat as aforesaid, the Licence for 
 such Boat shall become null and void, and the party to whom 
 the Boat may be transferred shall be required to take out a 
 new Licence, and enter iuto the Security required by this 
 Ordinance. 
 
 20. And be it further enacted, That from and after the 
 passing of this Ordinance, the following Dues, and no more, 
 shall be paid by the Masters or other Persons in charge of 
 Vessels arriving in the Poris of Table bay or Simon's bay, in 
 this Colony ; if for Water and Refreshments only, at the rate 
 of Two Pence and One Farthing for each Ton ; if for the 
 purposes of Trade, at the rate of Four Pence and One Half 
 Penny per Ton ; for a Copy of this Ordinance and Instruc- 
 tions, Three Shillings ; for a Port Clearance, Seven Shil- 
 lings and Six Pence : Provided always, that for Vessels era- 
 ployed solely in the Coasting Trade of this Colony, shall be 
 paid annually by the respective Owners or Masters thereof, 
 to the Captaiu of the Port at Table Bay, at the rate of Nine 
 Pence for every Ton, such charge to become due and paya- 
 ble on and from the first of January in every year, in which 
 any such Vessels shall be empoyed in the Coasting Trade of 
 this Colony aa aforesaid. 
 
 21. And be it further enacted, That from and after the 
 first day of January, 1828, for every Private Boat, whether 
 used in the transport of Mechandize, or for Fishing, or for 
 any other purpose whatsoever, in any of the Ports of this Co- 
 lony, there shall be paid an annual Duty of One Shilling and 
 Six Pence per Ton. ( J ) 
 
 22. And be it further enacted, That all contraventions of 
 the present Ordinance, shall be cognizable iu Cape Town, 
 before the Permanent Sitting Commissioner or Judge of 
 Police : and in any of the other Ports, before the Resident 
 
 (') Repealed in so far as relates to Boats exclusively employed in 
 fishing, by Ordinance No. 11834. 
 
 HH2
 
 366 
 
 No.29. Magistrate therein, or of the District to which such Port shall 
 
 1827. belong ; and all Fines and Forfeitures incurred under any of 
 
 the provisions of this Ordinance, shall be sued for in the said 
 
 Courts, and shall be given one half to the Informer and one 
 
 half to the Colonial Treasury. 
 
 23. And be it further enacted, That from and after the 
 passing of this Ordinance, all Port Regulations of prior date 
 shall be, and the same hereby are repealed. 
 
 God Save the King ! 
 Given at the Cape of Good Hope, 27th November 1827. 
 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) R. Flasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council. 
 
 No. 30. Signed, Rich. Bourke. 
 
 Ordinance for granting Licences for the Sale of Wines, 
 Malt Liquors, and Spirituous Liquors. ( x ) 
 
 WHEREAS the several Ordinances, Proclamations, and 
 Enactments now in force for regulating the manner of 
 granting Licences for the Sale of Wines, Malt Liquors, 
 and Spirituous Liquors, and for regulating the Pacht, 
 or Farming out the Monopoly of retailing Wines, Malt 
 Liquors, and Spirituous Liquors, are found to be incon- 
 venient, and it is expedient that the Laws concerning 
 such Licences and the Pacht should be repealed, and 
 some further provision made as to the mode of granting 
 such Licences : Be it therefore enacted, by His Honor 
 the Lieutenant-Governor in Council, that from and after 
 the 1st day of January 1828, the Proclamations or 
 Ordinances of the 26th August 1801, 29th August 1804 
 31st July 1812, 22d August 1817, 23d August 1819, 
 30th June 1820, 25th August 1820, 27th July 1821, 
 22d August 1821, 22d February 1822, 14th Novem- 
 ber 1823, and all other Laws now in force in this 
 
 (') Allowed by the Home Government, but altered and amended by 
 Ordinance No. 54 ; and wholly repealed by Ordinance No. 931832
 
 367 
 
 Colony relative to the said Licences and the said Pacht No. 30. 
 shall be repealed, and the same are hereby repealed ; 1827. 
 save and except so far as the said Laws, or any of them, 
 relate to or concern the prosecuting, suing for, and 
 recovering of, any Rent or Duties, agreed to be paid, or 
 which are imposed by virtue of the said Laws, or any 
 of them, which shall remain then due and unpaid ; and 
 save and except so far as the said Laws, or any of them, 
 relate to the recovering of any Fine or Penalty for any 
 Offence against any of the said Laws which shall have 
 been, or shall be, committed before the said 1st day of 
 January 1828, and shall remain then due and unpaid. 
 
 2. And be it further enacted, That it shall and may be 
 lawful for the Commissioner of Stamps in Cape Town, and 
 the Distributors of Stamps in the several Districts of the 
 Colony, respectively, and they are hereby authorised and 
 required, to grant Licences for the Sale of Wines, Malt 
 Liquors, and Spirituous Liquors, to Persons residing- within 
 their respective Districts, who shall make such applications 
 and comply with such regulations as are hereinafter men- 
 tioned . 
 
 3. And be it further enacted, That no Licence shall be 
 granted for the Sale of such Liquors aforesaid, or any of them, 
 by retail, by the Commissioner of Stamps in Cape Town, 
 unless the Party applying for such Licence produce a certifi- 
 cate of character granted by the Permanent Sitting Commis- 
 sioner or Judge of Police for Cape Town, nor by the Distribu- 
 tors in the said Districts, respectively, except upon production 
 of a like certificate from the Landdrosts or Resident Magis- 
 trates, or other Persons who may hereafter be empowered to 
 grant the same for their respective jurisdictions, which certifi- 
 cate shall be in the form following : 
 
 " I, A. B. Permanent Sitting Commissioner (or Judge of Police 
 in Cape Town, or Landdrost, or other Officer, as the case may 
 be), do certify, that C. D. is a Person of good fame, and a fit 
 and proper Person, and duly entitled, to receive a Licence for 
 selling Wines, Malt. Liquors, and Spirituous Liquors, by retail, 
 (or Malt Liquors by retail), at No. in Street, 
 
 in Cape Town (or at in the District of 
 
 as the case may be), 
 
 " Dated this day of 18 
 
 (Signed) " A. B. Permanent Sitting Commissioner 
 " (or Judge of Police in Cape Town, 
 " or Landdrost, or other Officer, as 
 " the case may be)."
 
 368 
 
 No. 30. And it shall be mentioned in every such Licence, that such 
 1827. certificate was produced, and for what house or place such 
 Licence is granted, otherwise it shall be null and void ; and 
 all applications for certificates as aforesaid, are for Cape Town, 
 to be made through the Clerk of the Permanent Sitting Com- 
 missioner or Judge of Police, and for the Country Districts 
 respectively, through the respective District Secretaries, 
 Clerks of the Resident Magistrates or other Officers, who, for 
 the time being, shall perform the duties of such Persons, who 
 are hereby required to keep a Register of such applications 
 and such certificates as shall be granted. 
 
 4. And be it further enacted, That the Clerk of the Perma- 
 nent Sitting Commissioner or Judge of Police, the District 
 Secretary, Resident Magistrate's Clerk, or other Officer as 
 aforesaid, neglecting to register such applications and cer- 
 tificates, or registering certificates not duly granted, shall 
 incur and be liable to the payment of a fine of Fifty Pounds 
 Sterling. 
 
 5. And be it further enacted, That if any Person duly 
 licensed to sell any such Liquors as aforesaid, shall die before 
 the expiration of such Licence, or shall wish to assign the 
 same, it shall and may be lawful for the Persons authorised 
 to grant Licences as aforesaid, to transfer the Licence by in- 
 dorsement, to the Heirs, Executors, or Administrators of the 
 Person so dying, or to such Assign as aforesaid, upon their 
 obtaining such certificate as aforesaid, and entering into such 
 recognizance with such Sureties as are hereinafter directed. 
 
 6. And be it further enacted, That if any Person to whom 
 any such Retail Licence as aforesaid shall have been granted, 
 and which shall be then in force for any one place, shall 
 desire to remove to and carry on his business at any other 
 place, it shall and may be lawful for him to apply (o the 
 Judge or Resident Magistrate, within whose jurisdiction he 
 shall then reside for permission so to do, and in case of remo- 
 val into another jurisdiction, to make a like application to the 
 Judge or Resident Magistrate of such other jurisdiction, and 
 such Judge or Resident Magistrate, or Magistrates, shall 
 thereupon in their discretion respectively, grant a certificate 
 of such permission having been obtained, and which appli- 
 cation and certificate shall be registered as in manner, and 
 under such penalties as in the 3d and 4th Section of this 
 Ordinance is set forth with respect to applications and certifi- 
 cates therein mentioned, and the Commissioner or Distributor 
 of Stamps of the District in which the place is situate, to 
 which the Person is about to remove, is hereby required upon
 
 369 
 
 production of such certificates as aforesaid, signed by the No. 30. 
 Judge or Resident Magistrate of the jurisdiction to and from 1827. 
 which such Person has removed, in cases of removal from 
 one jurisdiction to another, and of such certificate as aforesaid, 
 signed by the Judge or Resident Magistrate of the District, 
 when sucli Person does not remove from his former jurisdiction, 
 to indorse upon the Licence of such Person the name and 
 description of the place to which he is about to remove, and 
 also to indorse thereon, that the difference of the value of the 
 Stamp has been paid, in cases of removal to a place where a 
 Stamp of larger amount is required than that on which the 
 former Licence was granted. And if the Commissioner or 
 any Distributor of Stamps shall omit or neglect to make any 
 such indorsement as aforesaid, he shall incur and be liable to 
 the payment of a fine of Fifty Pounds Sterling. 
 
 7. And be it further enacted, That all Licences for the sale 
 of the Liquors aforesaid, be issued on paper stamped, of the 
 value set forth in the Schedule marked (A), hereunto annexed, 
 and such Licences shall be in force for one Avhole year, com- 
 mencing on the 1st of January in each year. 
 
 8. And be it further enacted, That it shall and may be 
 lawful for the Commissioner of Stamps in Cape Town, or any 
 Distributor in a Country District, at his discretion, to grant a 
 Licence to sell by Retail, Wines, Malt Liquors and Spirituous 
 Liquors, in manner hereinbefore mentioned, upon obtaining 
 such security as he shall judge sufficient for the payment of 
 the amount of Stamp duty, charged on every such Licence 
 respectively, in quarterly instalments, payable in advance on 
 or before the commencement of the Licence, or the last day 
 of the current quarter: and if any Dealer by Retail, as afore- 
 said, shall sell any of the Liquors aforesaid, whilst the payment 
 of any instalment due by him shall remain in arrear, he shall, 
 notwithstanding his Licence incur the pains and penalties 
 imposed by this Ordinance on any Person or Persons con- 
 victed of selling by Retail without a Licence, any thing 
 contained in this Ordinance to the contrary notwithstanding. 
 
 9. And be it further enacted, That every Person to whom 
 any such Retail Licence shall have been granted as aforesaid, 
 for Cape Town, shall thereupon enter into a recognizance 
 before the said Commissioner of Stamps, and every Person 
 to whom any such Retail Licence shall have been granted as 
 aforesaid for any Country District, shall thereupon enter into 
 a recognizance before the Distributor of Stamps for such 
 District, in the sum of Fifty Pounds Sterling, with two suffi- 
 cient Sureties in the sum of Twenty-five Pounds Sterling
 
 370 
 
 No. 30. each, which recognizance, with the condition thereof, shall 
 1827. be in the form prescribed by the Schedule to this Ordinance 
 marked (B); and in case the Person applying for such 
 Licence shall be hindered, through sickness, infirmity, or 
 other reasonable cause, to attend in Person, for the purpose 
 of entering into such recognizance, it shall and may be lawful 
 for the Persons aforesaid empowered to grant such Licences, 
 to permit two sufficient Sureties to enter into such recogni- 
 zance, each Surety in the penalty of Fifty Pounds Sterling, 
 for performance of the conditions of the said recognizance, 
 and which said recognizance shall be acknowledged in the 
 presence of, and signed by the said Commissioner and 
 Distributors of Stamps respectively, as the case may require ; 
 and the same, with the condition thereof, shall be sent to the 
 Permanent Sitting Commissioner or Judge of Police in Cape 
 Town, or the Landdrost or Resident Magistrate, as the case 
 may be, to be by them duly entered and recorded ; and that 
 for every such Licence granted without such recognizance, 
 and for every such recognizance taken and not sent as afore- 
 said, the Commissioner or Distributor of Stamps signing such 
 Licence, shall incur and be liable to the payment of a fine of 
 Fifty Pounds Sterling. 
 
 10. And be it further enacted, That any licenced Person 
 who shall be lawfully convicted before the Permanent Sitting 
 Commissioner or Judge of Police, or Resident Magistrate 
 respectively, of any offence against the condition of any 
 subsisting recognizance entered into by him, shall, for the 
 first offence, incur and be liable to the payment of a sum not 
 exceeding Ten Pounds Sterling ; and for any subsequent 
 offence, it shall be lawful for the said Magistrates respectively, 
 to impose a fine of Twenty Pounds Sterling, or declare the 
 said recognizance of such Offender forfeited, at their discre- 
 tion. 
 
 11. And be it further enacted, That every Wholesale 
 Licence to be granted by such Persons as aforesaid, after the 
 passing of this Ordinance, shall he in the form prescribed by 
 the Schedule to this Ordinance, marked (C) ; and every 
 Retail Licence for the sale of Wines, Malt Liquors, and 
 Spirituous Liquors, shall be in the form prescribed by the 
 Schedule marked (D) ; and every Retail Licence for the sale 
 of Malt Liquors only, shall be in the form prescribed by the 
 Schedule marked (E); and the Commissioner and Distributors 
 of Stamps shall keep a Register of all Licences so granted, a 
 copy of which, attested by the said Commissioner or Distribu- 
 tors respectively, shall be deemed good evidence of such 
 Licences having been granted.
 
 371 
 
 12. And be it further enacted, That any Licence which No. 30. 
 shall be found to have been fraudulently obtained, shall be 1827. 
 null and void ; and any Person who shall forge or counterfeit 
 
 any Licence or Certificate, or write any name on any such 
 Licence, to resemble, imitate, or represent the name of any 
 Commissioner or Distributor of Stamps ; or write any such 
 name in any such Certificate, to resemble the name of the said 
 Permanent Sitting Commissioner, Judge of Police, or other 
 Magistrate empowered to grant the same ; or shall tender or 
 produce any Paper with such counterfeit name, or writing 
 therein, knowing such name or writing to be counterfeit ; or 
 shall take or receive any sum of money for signing or procuring 
 counterfeit signatures to such Licences or Certificates ; 
 every Person so offending, being lawfully convicted thereof, 
 shall incur and be liable to a fine of One Hundred Pounds 
 Sterling, and shall, upon prosecution and conviction, suffer 
 such pains and penalties as by the Laws of this Colony are, 
 or hereafter may be, imposed upon Persons convicted of 
 Forgeries or Frauds of this or the like nature. 
 
 13. And be it further enacted, That from and after the 1st 
 day of January next, any Person who shall sell any of such 
 Liquors as aforesaid, by Wholesale or Retail, without having 
 obtained a Wholesale or Retail Licence respectively ; or who 
 having obtained such Licences respectively, shall sell any such 
 Liquors excepting upon the premises mentioned in his Licence, 
 (except as hereinafter excepted with respect to Dealers by 
 wholesale,) shall, if a Retail Dealer, incur and be liable to 
 the payment of a fine of double the amount of the Licence 
 required by Law, to be taken out in such cases respectively; 
 and if a Wholesale Dealer, to a fine of One Hundred Pounds 
 Sterling. 
 
 14. And be it further enacted, That from and after the 
 1st day of January next, any Person who shall sell any of 
 such Liquors as aforesaid, in quantities of 19 Gallons or 
 upwards, unless the same be Wine or Brandy, the produce 
 of his own Land or Farm, and shall be sold on such Land or 
 Farm, or in the Public Market, or to a Licenced Dealer by 
 Wholesale, or Retail, such Person shall, for the pur- 
 poses of this Ordinance, be deemed a Dealer by Whole- 
 sale and shall take out a Licence accordingly ; and any 
 Person who shall sell any of such Liqours as aforesaid, 
 in any quantity less than 19 Gallons, shall be deemed a 
 Dealer by Retail, and shall take out a Licence accordingly : 
 Provided alv/ays, that it shall and may be lawful for any 
 Person to sell or dispose of his private Stock of Wines, Malt 
 Liquors, and Spirituous Liquors, provided the same shall
 
 372 
 
 No. 30. have been purchased or obtained for his own use or consump- 
 1827. tion, or that of his Family, upon giving seven days' previous 
 notice of the intended Sale of the same, together with a 
 true and exact account of of the kinds and quantities of the 
 Liquors intended for Sale, to the Commissioner of Stamps 
 in Cape Town, or Distributor of Stamps, respectively, 
 according as the said Sale is intended to take place in Cape 
 Town or in one of the Country Districts : And provided 
 also, that it shall and may be lawful for any Person to sell 
 any of the Liquors aforesaid by Public Auction, or to sell any 
 of the Liquors aforesaid by private Contract, or otherwise, 
 to a Licensed Wholesale or Retail Dealer, upon giving seven 
 days' notice as aforesaid, without taking out any of the Li- 
 cences mentioned in this Ordinance ; and provided also, that 
 nothing herein contained shall extend or be construed to extend 
 to require a Licence for Sales of any of the Liquors aforesaid, 
 made by any Sheriff or other Officer acting under the autho- 
 rity or warrant of any Court, Judge, or Magistrate. 
 
 15. And be it further enacted, that nothing in this Ordi- 
 nance contained shall prevent, or be construed to prevent, 
 any Dealer in the Liquors aforesaid, to whom a Wholesale 
 Licence shall have been granted, to keep or store any of the 
 Liquors aforesaid, in any number of Stores or Places ; Pro- 
 vided, that no one of such Stores or Places be distant from 
 any other of such Stores or Places more than two miles, and 
 that the description of all such Places be entered in the Li- 
 cence; otherwise such Dealer shall incur and be liable to 
 such penalties as by this Ordinance are imposed upon 
 Persons dealing by wholesale without a Licence. And be it 
 further enacted, that from and after the first day of January 
 next, it shall not be lawful for any Licensed Dealer as afore- 
 said, to admit into or retain in any such Store or Place, any 
 of the Liquors aforesaid, not being bona fide his Property, 
 tinder a penalty of Fifty Pounds Sterling. 
 
 16. And be it further enacted, That Persons in Partner- 
 ship, and carrying on business under one Firm and in one 
 House or Shop only, shall not be required to take out more 
 than one Licence. 
 
 17. And be it further enacted, That from and after the 
 first day of January next, every Person having obtained any 
 such Licence as aforesaid, shall cause to be affixed on some 
 conspicuous place on the outside of his House, Shop, Store, 
 or Stores, and not more than three feet from the top of the 
 door thereof, a Board, on which shall be painted, in Letters, 
 publicly visible and legible, at least one inch long, in white
 
 373 
 
 upon a black ground, or black upon a white ground, his No. 30. 
 Name at a full length, (or where there are Partners, the Name 1827. 
 or Style of the Firm or Partnership) ; and after such Name 
 or Style, the words " Licensed Dealer, or Dealers, in Wines, 
 Malt Liquors, and Spirituous Liquors, by Wholesale or 
 Retail," as the case may be, or " Dealer, or Dealers, in 
 Malt Liquors," as the case may be, and shall keep up such 
 Board or Sign in good condition, during the continuance of 
 such Licence ; and in default of affixing such Board or Sign, 
 or keeping the same in manner as aforesaid, shall incur and 
 be liable to the payment of a fine not exceeding Ten Pounds 
 Sterling, nor less than Five Pounds Sterling. 
 
 18. And be it further enacted, That from and after the first 
 day of January next, every Person, not having obtained any 
 such respective Licence as aforesaid, who shall affix any Board 
 before or on his House, or other place, importing that he is a 
 Dealer in the Liquors aforesaid, or any of them, shall, for 
 every such offence incur, and be liable to the payment of such 
 fine as in the 17th Section of this Ordinance is mentioned, and 
 also to the pains and penalties imposed by this Ordinance on 
 Unlicensed Dealers. 
 
 19. And be it further enacted, that from and after the first 
 day of January next, it shall and may be lawful for all Ma- 
 gistrates in their respective jurisdictions, and the Distributors of 
 Stamps in their respective Districts, and the Commissioner of 
 Stamps and the Superintendant of Police in Cape Town, to 
 enter Houses where Liquor is sold by retail, or on or before 
 which is affixed any Board importing that any of the Liquors 
 herein mentioned are there sold by retail, and demand to see 
 the Licence ; and if the same be not produced, and no good 
 reason be given for the nonproduction of the same, it shall be 
 lawful for them to seize all such Liquors found therein as are 
 mentioned in this Ordinance, and the Vessels containing the 
 same, and to forfeit and apply such Liquors and Vessels to the 
 use of the Colonial Treasury ; and the Occupier of such House 
 shall be deemed an Unlicensed Retailer, and be liable to the 
 pains and penalties imposed by this Ordinance, for selling the 
 aforesaid Liquors by Retail without a Licence. 
 
 20. And be it further enacted, That from and after the first 
 day of January next, if any Person shall make information 
 before the Permanent Sitting Commissioner or Judge of Police 
 for Cape Town, or before the Resident Magistrates in the 
 Country Districts, and show probable cause that he suspects 
 that any Person sells any of such Liquors as aforesaid by 
 retail, without such Licence as is required by this Ordi- 
 nance, it shall and may be lawful for the said Permanent Sitting 
 
 I I
 
 374 
 
 No. 30. Commissioner or Judge of Police, and the Resident Magistrates 
 1827. in their respective jurisdictions, to summon such suspected 
 Persons before them, and also to summon any other Person 
 before them, to prove the charge against such suspected Per- 
 sons so summoned ; and if such Persons so summoned as 
 Witnesses shall refuse to appear, or shall refuse to be examined 
 upon oath, and give evidence as aforesaid, it shall and may be 
 lawful for the said Permanent Sitting Commissioner or Judge of 
 Police, and the said Magistrates before whom such Person is 
 summoned as aforesaid, to commit every such Offender to Pri- 
 son for a Period not exceeding One Month. 
 
 21. And be it further enacted, That from and after the first 
 day of January next, every Person selling such Liquors, or 
 keeping his House open for the sale of such Liquors as aforesaid, 
 or any of them, between the hours of nine o'clock at night, 
 aud six in the morning, on week days ; or selling, or keeping his 
 House open for the sale of Wine and Malt Liquors, before two 
 o'clock in the afternoon, and after nine at night, on Sunday; 
 or for the sale of Spirituous Liquors, during any part of Sun- 
 day, except for the accommodation of Inmates or Travellers, 
 shall incur and be liable to the payment of a fine not exceeding 
 Twenty Pounds Sterling, nor less than Ten Pounds Sterling. 
 
 22. And for the more effectual prevention of Drunkenness, 
 and for the better preservation of Order, be it further enacted, 
 That it shall and may be lawful for any Magistrate, Justice of 
 the Peace, or Peace Officer, in his respective jurisdiction, to 
 enter any House for which a Retail Licence is granted, and re- 
 move all Persons drinking therein, rot being inmates or Travel- 
 lers, between the hours of nine o'clock at night, and six o'clock 
 in the morning, on any day of the week ; or drinking Spirituous 
 Liquors therein, at any hour whatever on Sunday ; or drinking 
 any Liquor whatever therein before two o'clock in the afternoon 
 and after nine o'clock at night on Sunday, not being Inmates 
 orTravellers ; and if the Occupier of any such House shall not, 
 on demand of entrance, admit such Magistrates and others 
 as aforesaid, or shall obstruct them in removing Persons drink- 
 ing therein, he shall incur and be liable to such pains and 
 penalties as are imposed in the 17th Section of this Ordinance. 
 
 23. And be it further enacted, That whenever the Judge of 
 Police, or any Resident Magistrate, Justice of the Peace, or 
 Peace Officer, in his respective jurisdiction, shall find any Per- 
 son drinking any of the Liquors aforesaid in any House or Place 
 where any of the said Liquors shall be sold by retail, and be- 
 fore which House, or Place, no Board shall be affixed, as in 
 the 17th Section of this Ordinance is directed; and the Licence 
 shall not, upon demand, be produced, it shall and may be law-
 
 375 
 
 ful for such Judge of Police, Resident Magistrate, Justice of No. 30. 
 the Peace, or Peace Officer, to apprehend all such Persons so 1827. 
 found drinking ; and such Persons shall, upon conviction, incur 
 and he liable to the payment of a fine not exceeding Five Pounds 
 Sterling, nor less than Forty Shillings Sterling ; and in default 
 of payment, it shall be lawful for the Magistrate, or Judge of 
 Police, before whom such conviction is made, to commit such 
 Offenders to Prison to hard labour, for a period not exceeding 
 One Month, and not less than Fourteen Days. 
 
 24. And be it further enacted. That no Person employing 
 Journeymen, Workmen, Servants, or Labourers, shall by him- 
 self, or by any other Person, pay any Journeyman, Workman, 
 Servant, or Labourer, employed by him, the whole or any part 
 of the Wages due to such Journeyman, Workman, Servant, or 
 Labourer, in or at any House in which any Wine, Malt Liquor, 
 or Spirituous Liquor shall be sold by retail : and every Person so 
 offending, shall, for every such offence, upon being convicted 
 thereof, incur and be liable to the payment of a fine of Five 
 Pounds Sterling; and all payments of all Wages, made in man- 
 ner aforesaid, shall be null and void. 
 
 25. And be it further enacted, That no Person shall be en- 
 titled unto, or shall maintain any cause, action or suit, for, or 
 recover at Law, any sum of money, or demand, for or on 
 account of any Spirituous Liquors sold in any quantity less than 
 one Pint at any one time, nor for or on account of any particu- 
 lar item or article, in any account or demand for Spirituous 
 Liquors so sold, where the quantity shall be less than one pint ; 
 and in case any Person shall take or receive any pawn or pledge 
 from any Person, by way of security, for the payment of any 
 sum or sums of money, owing by such Person for Spirituous 
 Liquors, or shall take or receive in payment thereof any articles 
 whatsoever, in lieu of money, every such Person so offending, and 
 being convicted thereof, shall incur and be liable to the payment 
 of a fine not exceeding Ten Pounds Sterling, nor less than Five 
 Pounds Sterling, for every pawn or pledge so taken in or 
 received by him or them ; and the Person or Persons to whom 
 any such pawn or pledge shall belong, shall have the same 
 remedy for recovering such pawn or pledge, or the value thereof, 
 as if it had not been given as a pledge. 
 
 26. And be it further enacted, That no Person shall have 
 any remedy for, or recover any sum of money, on account of 
 any of the Liquors in this Ordinance mentioned sold knowingly 
 to an Unlicensed Retailer, nor shall any such Unlicensed Re- 
 tailer have any remedy for, or recover from any Person, any sum 
 of money, on account of any Wines, Malt Liquors or Spirituous 
 Liquors sold by such Unlicensed Retailer; and all contracts,
 
 376 
 
 No. 30. bills, promissory notes, bonds, and other writings, given as a 
 1827. security for the payment of debts contracted for any Wines, 
 Malt Liquors, or Spirituous Liquors, so sold to or by an Unli- 
 censed Retailer, shall be and are hereby declared to be null and 
 void. 
 
 '27. And be it further enacted, from and after the first day of 
 January next, That any Person who shall keep any Hotel or 
 Eating House, not being a Licensed Dealer by Retail, and 
 shall sell, consume, or furnish for consumption, in his House, 
 any of the Liquors aforesaid excepting the same be in bottles 
 and shall be purchased from a Person licensed to deal in such 
 Liquors by retail, such Persons shall incur and be liable to the 
 payment of a fine not exceeding Fifty Pounds Sterling, nor less 
 than Twenty Pounds Sterling : Provided always, that nothing 
 herein contained, shall extend to authorise any Keeper of a 
 Hotel or Eating House, not being Licensed as aforesaid, to 
 sell any of the Liquors aforesaid in bottles, to any Person 
 whatsoever, save and except to such Person or Persons as bona 
 fide lodge or eat in such Hotel or Eating House. 
 
 28. And be it further enacted, That every such Person not 
 being a Licensed Dealer by Retail, and keeping such Hotel or 
 Eating House as aforesaid, shall, on the first day of January next, 
 make a Return in writing, to the Commissioner or Distributor 
 of Stamps, at the Place or District in which such Hotel or 
 Eating House is situate, of all Wines, Malt Liquors, and Spi- 
 rituous Liquors, in his possession, and specifying the quantities 
 and kinds thereof, and the names of the Persons from whom 
 the same were purchased respectively ; and shall, at the ex- 
 piration of every subsequent three months therefrom, make a 
 like Return, and also a Return of all such Liquors consumed 
 Ly him during such periods of three months respectively, and 
 of the Stock of such Liquors then remaining in his Premises ; 
 and every Person hereby required to make such Return as afore- 
 said, and who shall not make such Return, or who shall make 
 a false Return, shall for every offence, incur and be liable to a 
 fine not exceeding Twenty Pounds Sterling, nor less than Ten 
 Pounds Sterling. 
 
 29. And be it further enacted, That all offences against this 
 Ordinance committed in Cape Town, or in the Cape District, 
 shall be cognizable before the Permanent Sitting Commissioner 
 or Judge of Police, and all Offences committed in the Country 
 Districts shall be cognizable before the Reshdent Magistrates 
 of the said Districts respectively, and that all fines or for- 
 feitures which may be incurred by offences against this Ordi- 
 nance ; save and except in such cases where any special provi- 
 sion is herein made, shall and may, upon conriction, be levied
 
 377 
 
 by distress and sale of the Goods of every such Offender, No. 30. 
 rendering to him the overplus, after charge of the said, dis- 1827. 
 tress and sale deducted, by Warrant under the baud of 
 the Judge or Magistrate convicting such Offender ; and 
 shall be paid, one half thereof to the Colonial Treasury, 
 and the other half thereof to the Informer; and if no suffi- 
 cient distress shall be found, then the said Judge or Magis- 
 trate shall and may commit every such Offender, so respectively 
 convicted as aforesaid, to Prison, for a space not exceeding 
 Six Months, nor less than One Mouth, unless payment should 
 be sooner made of the fine or fines in which such Offender 
 shall have been convicted ; or unless the said Offender shall, 
 within three days from such conviction, give sufficient security 
 to the Judge or Magistrate before whom he was convicted, that 
 he will prosecute an Appeal, if from the Sentence of the 
 Judge of Police in Cape Town, to the Supreme Court, within 
 fourteen days, arid if from the sentence of a Resident Magis- 
 trate, to the next ensuing Court of Circuit to be holden in the 
 District ; Provided always, that no Appeal shall lie when the 
 Penalty on such conviction shall not exceed the sum of Twenty 
 Pounds Sterling. 
 
 30 And be it further enacted, That for the purposes of this 
 Ordinance, the Military Posts at Fort Beaufort, Fort Willshire, 
 and on ths Koouap River, shall be deemed within the District 
 of Albany. ( l ) 
 
 Schedule (A.) 
 
 s. d. 
 For every Licence to sell Wine, Malt Liquors, and Spirituous 
 
 Liquors, by Wholesale, - 20 
 
 For every Licence to sell the same by Retail, in Cape Town, 
 
 and the Districts thereof, and within three miles of Cape 
 
 Town ; in the Residency of Simon's Town, and the District 
 
 thereof ; in the Township of Port Elizabeth, and within 
 
 six miles thereof; in Graham's Town, and within six miles 
 
 of any part thereof: at the Military Posts at Hermanns 
 
 Kraal, Fort Beaufort, Fort Willshire. the Koonap, and 
 
 Caffre Drift, - 112 10 
 
 For every Licence to sell the same by Retail, at AVynberg, 
 
 Rondebosch, and all other places not more than ten miles 
 
 distant from Wynberg ; excepting such as are not more 
 
 than three miles distant from Cape Town, and such as are 
 
 in the District of Simon's Town, - 75 
 
 For every Licence to sell the same, by Retail at Stellenbosch, 
 
 the Paarl, Somerset (Hottentots Holland,) Caledon, Swel- 
 
 lendam, George, Uitenhage, Port Frances, Bathurst, So- 
 merset, Cradock, Graaff-Reinet, Beaufort, Worcester, 
 
 Tulbagh, Clanwilliam, and at any other place within six 
 
 miles of the said places, - - 60 
 
 (') Vide Ordinances Nos. 54 67 93-94 90 --aiid No. 21834, 
 infra. 
 
 ii 2
 
 378 
 No.30. s. d. 
 
 1827 For ever y Licence to sell the same at any other place within 
 
 the Colony, . . . -22100 
 
 For every Licence to sell Malt Liquors only, such Licences 
 being issuable for Cape Town, and the District thereof, 
 and the Residency of Simon's Town only, - 10 
 
 Schedule (B.) 
 Form of Recognizance. 
 
 Place of Residence. J w , 
 
 5 Before me, Commissioner ot 
 
 Stamps in Cape Town (or Distributor of Stamps for the District of 
 ,) on the day of A. B. residing at 
 
 acknowledges himself to be indebted to our Sovereign Lord the 
 King, in the Sum of and C. D. and E. F. severally acknow- 
 
 ledge themselves to be indebted to our said Sovereign Lord the King, in 
 the Sum of to be levied upon their Goods and Lands 
 
 to upon condition, that the said A. B. shall not fraudulently 
 
 dilute or adulterate any Liquor sold by him; and shall not use in the 
 selling thereof any Measures that are not of full size, and shall not 
 knowingly permit drunkenness, nor tippling, nor get drunk on his Pre- 
 mises, and shall not knowingly permit gambling of any kind whatsoever, 
 nor shall knowingly permit Men or Women, of notoriously bad fame- 
 to assemble in his Premises ; nor shall keep open his Premises, nor per- 
 mit any drinking therein, between the hours of Nine at night and Six 
 in the morning on week days, nor before Two in the afternoon and after 
 Nine at night on Sundays, nor sell any Spirituous Liquors during any 
 part of the day, on Sundays, excepting lor the entertainment of Inmates 
 or Travellers, but shall keep good rule and order therein by night and 
 by day ; then this Recognizance to be void, or else to remain in full 
 force. 
 
 (Stamp .) Schedule (C.) 
 
 Form of Wholesale Licence. 
 
 I, Commissioner of Stamps in Cape Town (or Distributor of 
 
 Stamps in the District of ), on this day of do hereby 
 
 authorise and empower A. B. residing at to sell by Wholesale, 
 
 Wines, Malt Liquors, and Spirituous Liquors, at for One Whole 
 
 Year, from the first day of January and no longer. 
 
 (Signed) 
 
 (Stamp .) Schedule (D.) 
 
 Form of Licence to sett Wines, Mult Liquors, and Spirituous Liquors 
 by Retail, 
 
 I, Commissioner of Stamps in Cape Town (or Distributor of 
 
 Stamps in the District of ), on this day of do hereby 
 
 authorise and empower C. D. residing at and who has produced 
 to me the Certificate required by Law, to sell by Retail, Wines, Malt 
 Liquors, and Spirituous Liquors, at and not elsewhere, for 
 
 One Whole Year, from the first day of January, and no longer. 
 
 (Signe d)
 
 379 
 
 (Stamp .) Schedule. (R). No.30. 
 
 Form of Licence to sell Malt Liquors by Retail. 1827. 
 
 I, Commissioner of Stamps in Cape Town (or Distributor of 
 
 Stamps in the District of ), on this day of clo hereby 
 
 authorise and empower A. B. residing at and who has produced 
 
 to me the Certificate required by Law, to sell by Retail, Malt Liquors, 
 at and not elsewhere, for One Whole Year, from the first day 
 
 of January, and no longer. 
 
 (Signed) 
 
 God save the King ! 
 Given at the Cape of Good Hope, 7th December 1827. 
 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) R. Flasket, Sec. toGovt. 
 
 By Order of the Council 
 (Signed) D.M.Perceval, Clerk of the Council' 
 
 No. 31. Signed, Rich. Bourke. 
 
 Ordinance for abolishing the Office of Vendues, and for 
 imposing certain Duties on Licences to be taken out by 
 all Persons acting as Auctioneers, and on Property 
 sold by Auction. ( x ) 
 
 WHEREAS the Regulations for Sale of Property by Vendue, 
 at present in force, are inexpedient, and tend to encourage 
 undue speculation ; and whereas it is desirable to open the 
 business of Auctioneering to all Persons willing to ex- 
 ercise the same, under such restrictions, only, as the 
 security of the Public, and the due collection of the 
 Revenue to be derived from Public Sales, seem to require : 
 Be it therefore enacted, by His Honor the Lieutenant- 
 Governor in Council, that from and after the first day of 
 January 1828, all Laws now in force in this Colony, for 
 establishing the Offices of Vendues, and for regulating the 
 Sale of Property by Vendue, be repealed, and the same 
 are hereby repealed ; save and except so far as the said 
 Laws, or any of them, relate to, or concern the suing for, 
 and recovering of, any Duties imposed by the said Laws, 
 or any of them, or any sum or sums of Money due upon 
 Vendue Notes, or Rolls, or in any manner become due 
 
 (') Allowed by the Home Government.
 
 380 
 
 No. 31. by reason of any Vendue Sale and which shall be in arrear 
 1827. on or after the first day of January 1828. 
 
 2. And be it further enacted, That from and after the first 
 day of January, 1828, it shall be. lawful for any Person com- 
 plying with the Regulations hereinafter mentioned, to exercise 
 the trade or business of an Auctioneer, upon taking out a Li- 
 cence, which shall be in force for One Year from the date 
 thereof, and no longer, from the Commissioner of Stamps in 
 Cape Town, or the Distributors of Stamps in the several Dis- 
 tricts of the Colony, within their respective Districts, on paper 
 stamped, to the value of Three Pounds Sterling, and which 
 shall contain the true name and residence of the Person taking 
 out such Licence ; and if any Person shall exercise the said 
 trade or business of an Auctioneer, without having a Licence, 
 in force at the time when he shall so exercise the said trade or 
 business, or sell by way of Auction as aforesaid, he shall for 
 every such offence, incur and be liable to the payment of a fine of 
 OneHundred Pounds Sterling. (') 
 
 3. And be it further enacted, That from the said first day of 
 January 1828, a Duty of and at the rate of Four Pounds 
 Sterling for every Hundred Pounds Sterling of the Purchase 
 Money, shall be imposed on all moveable Property, and a Duty 
 of and at the rate of Two Pounds Sterling for every Hundred 
 Pounds Sterling of the Purchase Money on all immoveable 
 Property, which shall be sold by Auction in this Colony. 
 
 4. And be it further enacted, That the several Duties afore- 
 said shall be a charge upon the Auctioneer, after the knocking 
 down of the hammer or other closing of the bidding, at every 
 Sale by way of Auction. 
 
 5. And be it further enacted, That erery Person taking out 
 such Licence as aforesaid, shall, within three days after re- 
 ceiving the same, give security by Bond to the Collector of 
 Taxes in Cape Town, if such Person reside in Cape Town, and 
 to the Civil Commissioner of the District in which such Person 
 resides, if he resides in the Country, in the sum of Five Hun- 
 dred Pounds Sterling and two sufficient Sureties in the Sum of 
 Two Hundred and Fifty Pounds Sterling each, that he will 
 render an exuct and true account in writing, of the total amount 
 of the Money bid at each Sale, and of the several Lots which 
 have been there sold, and the Price thereof respectively ; and 
 for that purpose shall produce all Books kept by him, relative 
 thereto, on the first day of every month, to the Collector of 
 Taxes in Cape Town, and on the first day of every quarter, to 
 be computed from the first of January 1828, in the other Dis- 
 
 (') Vide Ordinances Nos. 44 ^ 1750 23 Nos. 52 and 92.
 
 381 
 
 tricts, to the Civil Commissioners respectively, according to the No. 31. 
 residence of such Person, and shall, within two months from 1827. 
 the date of such Sales respectively made in Cape Town, and 
 within three months in the Country Districts, make payment of 
 all sums of Money imposed by way of Duty by this Ordinance, 
 and with which Autioneers are chargeable as aforesaid ; and he 
 or the Person who acted as Clerk at such Sale, if any, shall make 
 oath to the truth of every such Account before the said Collec- 
 tor or Civil Commissioners respectively, and in case the Auc- 
 tioneer giving such Bond shall neglect to deliver in his Account 
 or shall deliver in a false Account, or shall not produce his 
 Books, or shall make default in payment of the Duties with 
 which he is chargeable, it shall be lawful for the said Collector 
 or Civil Commissioner respectively, to cause such Bond to be 
 put in suit, unless they shall find sufficient cause to forbear the 
 same; and thereupon, in case of Judgment being given against 
 the Defendant, such Licence shall become null and void. 
 
 6. And be it further enacted, That every Auctioneer shall, 
 within three days at least before he begins any Sale or Auction, 
 deliver at the Office of the Collector of Taxes in Cape Town, 
 or the Civil Commissioners in the Country Districts, as the case 
 may be, a Notice in writing, signed by such Auctioneer, spe- 
 cifying the day when such sale is to begin, and if any Auctio- 
 neer shall sell any Property by way of Auction, without 
 delivering such Notice as aforesaid, he shall for every such 
 offence, incur and be liable to the payment of a fine of Fifty 
 Pounds Sterling. 
 
 7. And whereas it may sometimes happen, that Sales at 
 Auction of Property may be rendered null and void, by reason 
 that the Person for whose benefit the same shall be sold, had 
 no title or no right to dispose of the same, be it further enacted, 
 That from and after the first day of January 1828, if any Sale- 
 by Auction, of any Estate, Goods, or Chattels, shall be ren- 
 dered void by reason that the Person for whose benefit the same 
 was so sold had no title to the same, or no right to dispose 
 thereof, then in every such case, it shall be lawful for the 
 Auctioneer who paid the Duty for the Property so sold, or for 
 the Person for whose benefit the same was so sold, to lay his 
 complaint before the Collector of Taxes or Civil Commissioners 
 within whose jurisdiction respectively such sale was made, who- 
 are hereby required and empowered to hear all such complaints, 
 and to examine all Witnesses produced upon oath, and shall 
 report the case for the information of the Governor in Council 
 for the time being, in order that the party may be relieved of so 
 much of his payment as shall appear to have been overpaid. 
 
 8. And it is hereby further enacted, That in cass the real
 
 382 
 
 No. 31. Owner of any Property put up to Sale by Auction shall become 
 1827. the purchaser by means of his own bidding, or the bidding of 
 any other Person on his behalf, without fraud or collusion, 
 then the said Collector of Taxes, and Civil Commissioners res- 
 pectively, shall make an allowance to such Owner of the Duties 
 hereby imposed upon such bidding, provided notice be given to 
 the Auctioneer before such bidding, both by the Owner and the 
 Person intending to be the bid Jer, of the latter being appointed 
 by the former, and having agreed accordingly lo bid at the sale 
 on behalf of the Seller, and provided such notice be verified by 
 the oath of the Auctioneer, as also the fairness and reality of the 
 said transaction, to the best of his knowledge and belief; and 
 in case any dispute shall arise, whether such purchase by the 
 Owner was not made by collusion, or in order to lessen the full 
 sum hereby appointed lo be paid, or concerning the fairness of 
 such transaction, then and in such case, proof thereof shall lie 
 upon the Person acting as Auctioneer, and on failure thereof, 
 or in case of any unfair practice, then no such allowance shall 
 be made as aforesaid. 
 
 9. Provided always, and it is hereby further enacted, That 
 nothing in this Ordinance shall extend, or be construed to extend, 
 to charge for the said Duties any Property sold by Auction, 
 under the authority of the Sequestrator, or Sheriff, or other 
 Person duly authorised, for the benefit of Creditors, in execu- 
 tion of any Judgment, or other legal Process, nor to charge 
 any Property of Bankrupts, or Insolvents, sold by order of the 
 Sequestrator, Assignees, or other Persons duly authorised, 
 under any Commission of Bankruptcy or Regulation for the Sale 
 of Bankrupt or Insolvent Estates, now in force or hereafter to 
 be made in this Colony ; nor to charge any Goods damaged by 
 Fire, and sold by order of and for the benefit of the Insurers 
 of such Goods, nor to charge any Ships or Goods that may be 
 wrecked or stranded, and sold by Auction for the benefit of the 
 Insurers or the Proprietors thereof. 
 
 10, And for the better and more effectual preventing of frauds 
 which may be practised by Auctioneers selling Property under 
 the authority of the Sequestrator, Sheriff, or other Person duly 
 authorised to sell in execution of any legal Process for the 
 benefit of Creditors, or under the order and direction of the 
 Assignees, or other Person duly authorised under any Commission 
 of Bankruptcy, or Regulation for the Sale of any Bankrupt or 
 Insolvent Estates, now in force or hereafter to be made in this 
 Colony, be it further enacted. That from the said 1st of January, 
 1828, every Auctioneer, who shall sell by Auction any Property 
 that has been seized by the Scquestrator, Sheriff, or other Person 
 duly authorised, and taken by him for the benefit of Creditors, 
 in execution of any Judgment or other legal Process obtained,
 
 383 
 
 shall specify in a Catalogue by him to be delivered to the Collector No. 3 1 . 
 of Taxes, if such sale shall be made in Cape Town, and to the 1827. 
 Civil Commissioners respectively, if such sale shall be made in the 
 Country Districts, the particulars of the Property to be sold, and 
 the exact Sum to be levied under such Execution ; and the 
 Sequestrator, Sheriff, or other Person duly authorised, is hereby 
 required to sign every such Catalogue, and to certify at the foul, 
 thereof, that all the Property therein specified, was really and 
 truly the Property of the Person against whom such Judgment 
 or other legal Process was obtained, and that every part therecV 
 was actually seized in execution of such Judgment or other legal 
 Process ; and every Auctioneer who shall be employed by the 
 Sequestrator, Assignees, or other Person duly authorised, under 
 any Commission of Bankruptcy, or Regulation for the Sale of 
 any Bankrupt or Insolvent Estates, now in force, or hereafter to 
 be made in this Colony, to sell the Property of any Bankrupt, 
 or Insolvent, shall likewise specify and enumerate in a Catalogue 
 to be by him delivered as aforesaid, the particulars of the Pro- 
 perty th'en to be sold, and the Sequestrator, Assignees, or other 
 Person duly authorised, under such Commission, are hereby 
 required to sign such Catalogue, and to certify at the foot thereof, 
 that all the Property therein specified was really and truly the 
 Property of the said Bankrupt or Insolvent at the time of suing 
 forth the Commission or other legal Process, which respective 
 Catalogue?, certified and signed as aforesaid, shall be produced 
 by every such Auctioneer to every Person to whom by this 
 Ordinance he is directed to deliver his Account, before such 
 Auctioneer shall be permitted to pass his Account, or to have 
 the same allowed ; and if such Sequestrator, Sheriff, Assignees, 
 or other Persons duly authorised as aforesaid, shall insert, or 
 permit to be inserted, in any such Catalogue, any Property 
 whatsoever other than such as was really and truly the Property 
 of the Debtor, Bankrupt, or Insolvent respectively, or if the 
 Sequestrator, Sheriff, or other Person duly authorised, shall 
 omit or neglect to certify on such Catalogue the true sum to be 
 levied, or shall certify therein any false sum to be levied, then 
 and in every such case the Party offending shall, for every such 
 offence, incur and be liable to the payment of a fine of One 
 Hundred Pounds Sterling. (*) 
 
 1 ] . And be it further enacted, That from and after the said 
 first day of January 1828, every Auctioneer who shall be em- 
 ployed to sell any shipwrecked Property, for the benefit of the 
 Insurer or Proprietor thereof, or any Property damaged by Fire, 
 
 (') Vide Ordinance Xo. 92.
 
 384 
 
 No. 31. sold by order of and for the benefit of the Insurer thereof, shall 
 1827. specify and enumerate in such Catalogue as aforesaid, the par- 
 ticulars of such Property then to be sold; and the Proprietor, 
 Agent, or Insurer, of such shipwrecked Property, (or Proprietors, 
 Agents, or Insurers, if more than one) as the case may be, and 
 the Insurer or Insurers, if more than one, of such Property 
 damaged by Fire, is and are hereby required to sign such Catalo- 
 gue, and to certify at the foot thereof, that all the Property speci- 
 fied was really and truly sold for his or their benefit ; which 
 Catalogues, so signed and certified, shall be produced by every 
 such Auctioneer, to the Person to whom such Auctioneer is by 
 this Ordinance, to deliver such Catalogue, before such Auc- 
 tioneer is permitted to pass his Account, or to have the same 
 allowed; and if such Proprietor, Agent, or Insurer, shall in- 
 sert, or permit to be inserted in such Catalogue, any Property 
 other than such shipwrecked Property or Property damaged by 
 Fire as aforesaid, really and truly to be sold for his benefit, or omit 
 or neglect to certify in such Catalogue, the true particulars of 
 the Property to be sold, then and in every such case, the Per- 
 son so offending shall, for every such offence, incur and be 
 liable to the payment of a fine of One Hundred Pounds Sterling. 
 
 12. And be it further enacted. That all Offences against this 
 Ordinance shall, if committed in Cape Town or the Cape District, 
 be cognizable before the Permanent Sitting Commissioner or 
 Judge of Police, and if in any other Country District before the 
 Resident Magistrates respectively ; and all Fines and Forfeitures 
 imposed by this Ordinance shall and may, upon conviction, be 
 levied by Distress and Sale of the Goods of every such Offender, 
 rendering to him the overplus after charge of the said Distress 
 and Sale deducted, by Warrant under the hand of the Perma- 
 nent Sitting Commissioner or Judge of Police in Cape Town, 
 or the Resident Magistrates, as the case may be, convicting 
 such Offender, and shall be paid, one half thereof to the use of 
 the Colonial Treasury, and the other half to the Informer; and 
 if no sufficient Distress shall be found, then the said Judge or 
 Magistrate shall and may commit every such Offender so 
 respectively convicted as aforesaid, to Prison, for a period of 
 Twelve Months, or until payment shall be made of the said 
 Fine or Forfeiture, whichever shall first happen , or unless the 
 said Offender shall, within three days from such conviction, 
 r^ive sufficient Security to the Judge or Magistrate before whom 
 he was convicted, that he will prosecute an Appeal, if from the 
 Sentence of the Permanent Sitting Commissioner or Judge of 
 Police in Cape Town, to the Supreme Court, within fourteen 
 days, and if from the Sentence of a Resident Magistrate, to 
 the next ensuing Court of Circuit to be holden in the District.
 
 385 
 
 13. And be it further enacted, That this Ordinance shall take No. 31. 
 effect, and be in force from and after the first day of January 1828. 1827. 
 
 God Save the Kiny ! 
 
 Given at the Cape of Good Hope, 7th December 1827. 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) R. Flasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council. 
 
 No. 32. Signed, Rich. Bourke. 
 
 Ordinance for creating Justices of the Peace in this 
 Colony. (*) 
 
 WHEREAS it is expedient for the preservation of the Pub- 
 lic Peace, the security of Individuals, and the due exe- 
 cution of the Laws, that Magistrates be appointed in the 
 several districts of this Colony, with Power to appre- 
 hend, commit to Prison, or hold to Bail, all Vagrants, 
 Rioters, Robbers, or other notorious Offenders, found 
 within their severalJurisdictions, in order that such Offen- 
 ders may be brought to Trial, and with Power to do all 
 other such Matters and Things as the said Magistrates 
 may by Law be appointed to do : Be it therefore enacted, 
 and it is hereby enacted, that from and after the passing 
 of this Ordinance, it shall and may be lawful for the 
 Governor or Lieutenant-Governor for the time being, from 
 time to time, as occasion may require, to appoint Justices 
 of the Peace under the Great Seal of the Colony of the 
 Cape of Good Hope, for Cape Town and the District 
 thereof, and the several Country Districts respectively, 
 who shall take and subscribe the Oath of Allegiance, and 
 the Oath of Office, set forth in the Schedule hereunto 
 annexed, before the Chief Justice, or any Judge of the 
 Supreme or Circuit Courts, or before the Civil Commis- 
 sioner, or any Magistrate of the District for which such 
 Justice is assigned to act (who are hereby empowered 
 and required to administer the same), and the Clerks of 
 the Peace respectively shall enter in the Records of their 
 respective Districts that the said Oaths were duly admi- 
 nistered and taken. 
 
 (*) Allowed by the Home Government, ride also Ordinance No. 73, 10. 
 
 KK
 
 386 
 
 No. 32. 2. And be it further enacted, That from and after the passing 
 1827. of this Ordinance, the Persons who shall be so appointed as 
 aforesaid to act as Justices of the Peace, shall have power, and 
 are hereby required, to preserve the Public Peace, and for that 
 purpose to call to their aid and assistance all Field-Cornets, 
 Constables, and Peace Officers, Military Officers, and others His 
 Majesty's Subjects, to quell all Riots, Brawls, or other Distur- 
 bances, and to lodge all Rioters, Brawlers, Vagrants, aud 
 Disturbers of the Peace, in any Prison within their respective 
 Jurisdictions, to be dealt with according to Law ; and they are 
 hereby authorised and required to inquire of all Crimes and 
 Offences committed, or alleged to be committed, within their 
 respective Jurisdictions, and for that purpose to summon and 
 examine upon Oath all Witnesses, touching such Crimes and 
 Offences, and to apprehend and cause to be apprehended, all 
 Criminals and Offenders, and to deal with them according to 
 Law : And the said Justices of the Peace are hereby authorised 
 and required, upon information or complaint, in writing, upon 
 Oath, made to them, or any of them, to cause to come before 
 them all those who have used any Threats towards any Person 
 or Persons, whether regarding their Bodies or the Firing of 
 their Houses, and to require of them sufficient Security for the 
 Peace, or their good behaviour towards His Majesty or His 
 Subjects ; aud if they shall not give such Security, then to 
 cause them to be safely kept in Prison till they shall find such 
 Security. 
 
 3. Aud be it further enacted, That all Justices of the Peace 
 shall cause all informations and complaints made to them, in 
 writing, upon Oath, as aforesaid, and all recognizances or 
 other securities for keeping the Peace, or for good Behaviour, 
 taken by them, to be sent to the Clerk of the Peace, acting for 
 the District or Place for which the said Justices are assigned 
 respectively, within twenty-one days after such information or 
 complaint made or security taken ; and for every such inform- 
 ation or complaint, made as aforesaid, and not sent as afore- 
 said, and for every such recognizance or security taken, and 
 not sent as aforesaid, every Justice so offending shall incur and 
 be liable to the payment of a fine of Twenty Pounds Sterling. 
 
 4. And be it further enacted, That all Jailors and Keepers 
 of Prisons shall receive into their custody, and safely keep, 
 every Person committed to their charge by Warrant, under the 
 Hand and Seal of any Justice of the Peace, until they be dis- 
 charged by due course of Law. 
 
 5. And be it further enacted, That no Process shall be sued 
 out against, nor any copy of any Process at the suit of a Sub- 
 ject shall be served on, any Justice of the Peace, for any thing 
 by him done in the execution of his Office, until notice in writ-
 
 387 
 
 ing of such intended Process shall have been delivered to him No 32. 
 or left at the usual place of his abode by the Attorney or Agent 1827. 
 for the Party, who intends to sue or cause the same to be sued 
 out, or served, at least one Calendar Month before the suing 
 out or serving the same ; in which Notice shall be clearly and 
 explictly contained, the Cause of Action which such Party has, 
 or claims to have, against such Justice of the Peace, on the 
 back of which Notice shall be indorsed, the name of such At- 
 torney or Agent, together with the place of his abode. 
 
 6. And be it further enacted, That no Person shall recover 
 any Judgment against any Justice of the Peace, in any case 
 where the Action shall be grounded upon any act of the De- 
 fendant as Justice of the Peace, unless it is proved upon the 
 Trial of such Action, that such Notice was given as aforesaid ; 
 but in default thereof, such Justice shall be entitled to a Judg- 
 ment, and his full Costs. 
 
 7. And be it further enacted, That it shall and may be law- 
 ful for such Justice of the Peace, within one Calendar Month 
 after such notice given as aforesaid, to tender Amends tu the 
 Party complaining, or to the Attorney or Agent of such Party ; 
 and in case the same is not accepted, to plead such Tender to 
 any Action to be brought against him grounded on such Process, 
 together with the Plea of " Not Guilty," and any other Plea 
 with the leave of the Court ; and if the Court before which 
 such Action is brought, shall find the Amends so tendered to 
 have been sufficient, then such Court shall give Judgment for 
 the Defendant, and in such case, or in case the Plaintiff shall 
 not proceed in his Action, or in case Judgment shall be given 
 for the Defendant on any Proceeding in the nature of a Demur- 
 rer, such Justice shall be entitled to like Costs as he would 
 have been entitled to, in case he had pleaded Not Guilty, only ; 
 and if the Court shall find that no Amends were tendered, or 
 that the same were not sufficient, and also against the Defend- 
 ant on such other Plea or Pleas, then the said Court shall give 
 Judgment for the Plaintiff, and such Damages as the said 
 Court shall think proper, together with the Costs of Suit. 
 
 8. And be it further enacted, That in case such Justice 
 shall neglect to tender any Amends, or shall have tendered 
 insufficient Amends, before the Action brought, it shall and 
 may be lawful for him, by leave of the Court where such 
 Action shall depend, at any time before the hearing of the 
 said Cause, to pay into Court such Sum of Money as he shall 
 see fit, whereupon such Proceedings, Orders, and Judgments 
 shall be had, made, and given in and by such Court, as in 
 ether Actions where the Defendant is allowed to pay Money 
 into Court. 
 
 9. And be it further enacted, That no evidence shall be
 
 388 
 
 No. 32. permitted to be given by the Plaintiff, on the Trial of any sucli 
 1827. Action as aforesaid, of any Cause of Action, except such as is 
 contained in the notice hereby directed to be given. 
 
 10. And be it further enacted, That no Action shall be 
 brought against any Constable, or other Officer, or against 
 any Person or Persons acting by his order and in his aid, 
 for any thing done in obedience to any Warrant under the 
 Hand or Seal of any Justice of the Peace, until demand 
 hath been made or left at the usual place of his abode, by the 
 Party or Parties intending to bring such Action, or by his, or 
 their, Attorney or Agent, in writing, signed by the Party 
 demanding the same, of the perusal and copy of such War- 
 rant, and the same hath* beeen refused or neglected for the 
 space of six days after such demand; and i case, after such 
 demand and compliance therewith, by shewing the said W r ar- 
 rant to, and permitting a copy to be taken thereof by, the 
 Party demanding the same, any Action shall be brought 
 against such Constable, or other Officer, or against such 
 Person or Persons acting in his aid, for any such cause as 
 aforesaid, without making the Justice or Justices who signed 
 or sealed the said Warrant, Defendant or Defendants, that, on 
 producing and proving such Warrant at the Trial of such Action, 
 the Court shall give their Judgment for the Defendant or Defen- 
 dants, notwithstanding any defect of Jurisdiction in such Jus- 
 tice or Justices; and if such Action be brought jointly against 
 such Justice or Justices, and also against such Constable, or 
 other Officer, or Person or Persons acting in his or their aid, 
 as aforesaid, then on proof of such Warrant, the Court shall 
 find for sucli Constable or other Officer, and for such Person 
 or Persons so acting as aforesaid, notwithstanding such defect 
 of Jurisdiction as aforesaid ; and if the Judgment shall be 
 given against the Justice or Justices, that in such case, the 
 Plaintiff or Plaintiffs shall recover his or their Costs against 
 him or them, to be taxed in such manner by the proper Officer, 
 as to include such Costs as such Plaintiff or Plaintiffs are liable 
 to pay to such Defendant or Defendants, for whom such 
 Judgment shall be found as aforesaid. 
 
 11. And be it further enacted, That where the Plaintiff in 
 any such Action, against any Justice of the /eace, shall obtain 
 a Judgment, in case the Judge before whom the Cause shall be 
 tried, shall, in open Court, certify on the back of the Record, 
 that the injury for which such Action was brought was wilfully 
 and maliciously committed, the Plaintiff shall be entitled to have 
 and receive double Costs of Suit. 
 
 12. And be it further enacted, That no Action shall be 
 brought against any Justice of the Peace, for any thing done 
 in the execution of his Office, or against any Constable, or other
 
 389 
 
 Officer, or Person acting as aforesaid, unless commenced within No. 32. 
 six Calendar Months after the Act committed. 1827. 
 
 Schedule. 
 Form of the Oath of Allegiance. 
 
 I, do sincerely promise and swear, that I will be faithful, 
 
 and bear true Allegiance to His Majesty King George. So help me God ! 
 
 Form of the Oath of Office to be taken and subscribed by Justices of the 
 
 Peace, 
 
 I, A. B. do swear, that as Justice of the Peace in the of 
 
 in all Articles in the Governor or Lieutenant-Governor's Com- 
 mission to me directed, I will do equal Right to the Rich and to the Poor, 
 to the best of my Ability and Power, and according to the Laws and 
 Customs of the Colony, and Ordinances and Proclamations thereof: 
 And I will not be of Counsel of any Quarrel depending before me: 
 And the Issues, Fines, and Atnerciaments that shall happen to be made, 
 and all Forfeitures that shall fall before me, I will cause to be entered 
 without any concealment or embezzling, and will truly send them to the 
 Colonial Treasury, or otherwise dispose of them according to Law : I 
 will not obstruct the course of Justice for Gift or other Cause, but well 
 and truly will discharge my duty as Justice of the Peace, without 
 Partiality, Favour, or Affection. So help me God! 
 
 God save the King ! 
 Given at the Cape of Good Hope, llth December, 1827. 
 
 By Command of His Honor the Lieutenant-Governor, 
 (Signed) R. Flasket, Secretary to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council. 
 
 .No. 33.- Signed Rich. Bourke. 
 
 Ordinance for creating Resident Magistrates and Clerks 
 of the Peace in certain Districts and Places in this 
 Colony. (') 
 
 WHEREAS His most Gracious Majesty's Charter, for the 
 better and more effectual Administration of Justice in 
 this Colony, bearing date the 24th day of August last, 
 authorises and empowers the Governor, or Lieutenant- 
 Governor, for the time being, of this Colony, with the 
 advice of the council of Government, by any Laws and 
 
 (') Allowed by the Home Government, But altered and partially re- 
 pealed by Ordinance No. 89. Vide also Ordinances No. 38 , 2, No. 06, 
 and No. 73 10. 
 
 XK 2
 
 390 
 
 No.33. Ordinances to be from time to time made for that purpose, 
 1827. to erect, constitute, and establish Courts of request, and 
 other Courts having Jurisdiction in Civil and Criminal 
 Cases within this Colony ; provided, that the Jurisdiction 
 of such Civil Courts shall not be extended to any Case 
 wherein the Sum or Matter in dispute shall exceed the 
 amount or value of Forty Pounds, Sterling Money, or 
 wherein the Title to any Lands or Tenements, or any Fee, 
 Duty, or Office, may be in question, or whereby Rights in 
 future may be bound ; and provided also, that the Juris- 
 diction of such Courts in Criminal Cases shall not be ex- 
 tended to any Case wherein any Person may be accused 
 of any Crime punishable by Death, Transportation, or 
 Banishment from the said Colony : And whereas it is 
 expedient, that from and after the first day of January, 
 1828, the Courts of Landdrost and Heemraden, and of 
 Landdrost and Commissioned Heemraden now established 
 in the several Districts of the Colony, the Courts of 
 Deputy Landdrost and Heemraden and Deputy Landdrost 
 and Commissioned Heemraden in the Subdistricts of Clan - 
 william and Beaufort, the Courts of (he Residents at 
 Simon's Town, Port Elizabeth, and Port Frances, and the 
 Jurisdiction of the Special Heemraden atTulbagh, Caledon, 
 and Cradock, should be abolished : And whereas it is 
 necessary that some other provision be made for the 
 Admistration of Justice, and for the due Registration aud 
 Legalization of Marriage in the said Districts, Subdistricts, 
 Residencies, and Places, in lieu of the said Courts and 
 Jurisdictions Be it therefore enacted by His Honour the 
 Lieutenant-Governor in Council, that from and after the 
 said first day of January 1828, the said several Courts and 
 Jurisdictions shall be abolished, cease, and determine ; 
 and that it shall and may. be lawful for the Governor, or 
 Lieutenant-Governor, for the time being, from time to 
 time as occasion may require, to appoint under the Great 
 Seal of the Colony, one Magistrate, who shall be called 
 the Resident Magistrate, for each of the Districts of Stel- 
 lenbosch, Worcester, Swellendam, George, Uitenhage, 
 Albany, Somerset, Graaff-Reinet, and for each of the 
 Subdistricts of Beaufort and Clamvilliam, for the Resi- 
 dency of Simon's Town, and for the Township of Port 
 Elizabeth, and to appoint one Clerk of the Peace for such 
 Districts and Places as in his discretion he may think fit. 
 
 2. And be it further enacted, That every Person who shall
 
 391 
 
 be appointed Resident Magistrate, or Clerk of the Peace, as No.33. 
 aforesaid, shall take the Oath of Allegiance and the Oath of 1827. 
 Office, set forth in the Schedule hereunto annexed, before the 
 Chief Justice, or any Judge of the Supreme or Circuit Courts, 
 or before any Justice of the Peace of the District or Place for 
 which such Resident Magistrate is appointed to act, who are 
 hereby empowered and required to administer the same, and 
 the Clerks of the Peace, respectively, shall enter in the Re- 
 cords of their respective Districts, that the said Oaths were 
 duly administered and taken. 
 
 3. And be it further enacted, That the said Resident Magis- 
 trates shall have Jurisdiction in all Civil Cases within the Dis- 
 tricts and Places for which they are appointed respectively, 
 wherein the Sum or Matter in dispute shall not exceed the 
 amount or value of Ten Pounds Sterling, and wherein the Title 
 to any Lands or Tenements, or any Fee, Duty, or Office, is not 
 in question, and whereby Rights in future cannot be bound. 
 
 4. Provided always, and be it further enacted, That it shall 
 and may be lawful for any Party who shall think himself ag- 
 grieved by the Judgment or Decree of any such Resident 
 Magistrate, to enter into sufficient security to prosecute an 
 Appeal therefrom before the next ensuing Circuit Court wh'ch 
 shall be held in the District wherein such Judgment or Dec ree 
 was given ; or if such Judgment or Decree be given in Simon's 
 Town, then before the Supreme Court within twenty-one days : 
 Provided always, and it is further enacted, that no Appeal shall 
 be admitted wherein the Sum or Matter in dispute shall be less 
 than Forty Shillings Sterling. 
 
 5. And be it further enacted, That the said Resident Ma- 
 gistrates shall have Jurisdiction, without Appeal, in all cases of 
 Crimes and Offences wherein any Person may be accused of any 
 Crime, not punishable by Death, Transportation, or Banish- 
 raent from this Colony : Provided always, that it shall not be 
 lawful for any such Resident Magistrate, to punish any Offen- 
 der in any higher or more severe manner than by Fine, not 
 exceeding the amount of Five Pounds Sterling, and Imprison- 
 ment, with or without hard Labour, for a period not exceeding 
 One Month, or by Whipping privately in Prison ; except as to 
 such Crimes or Offences for the commission of which any higher 
 or more severe punishment, whether by Fine or Imprisonment, 
 is or shall be provided, and in which Jurisdiction is or shall 
 be expressly given to the said Resident Magistrates by any 
 special Law or Ordinance. 
 
 6. And be it further enacted, That every Resident Magistrate 
 shall hold a Court, and inquire of all Causes or Actions, whether 
 Civ.il or Criminal, which shall be brought before him, and of 
 which Jurisdiction is hereby given to him, in. the Court Room of
 
 392 
 
 No. 33. bis District or Place, on two days of the week at least, and 
 1827. oftener, as occasion may require. 
 
 7- And be it further enacted, That all Sentences, Decrees, 
 Judgments, Writs, Summonses, Notices, Rules, Orders, War- 
 rants, Commands, and other Proceedings of the said Resident 
 Magistrate's Court, shall be made in the English Language ; 
 and in all Criminal Cases, the Witnesses against and [for any 
 accused Person or Persons, shall deliver their Evidence viva 
 voce, and in open Court. 
 
 8. And be it further enacted, That the Clerks of the Peace 
 shall conduct all Public Prosecutions in all cases of Crimes and 
 Offences cognizable and tried by the Courts of the said Resident 
 Magistrates in their respective Districts; and it shall be lawful 
 for the Attorney-General to appoint a competent Peace Officer 
 for the Residency ef Simon's To\vn, and a like Officer for the 
 Township of Port Elizabeth, who shall act as Public Prosecu- 
 tor, before the Resident Magistrates for the said places respec- 
 tively. 
 
 9. And be it further enacted, That the said Clerks of the 
 Peace, for their several Districts respectively, shall also con- 
 duct all Public Prosecutions, for Crimes and Offences which 
 may be tried at any Circuit Court, to be holden for their Dis- 
 tricts respectively, unless in such case or cases where the At- 
 torney-General shall think fit to appoint some other Person. 
 
 10. And whereas the abolition of the Courts of Landdrost 
 and Heeraraden in the several Districts aforesaid, and of the 
 Jurisdiction of the Special Heemraden at Tulbagh, Caledon, 
 and Cradock, renders it necessary that some provision should 
 be made for the due Registration and Lc^ali/atiori of Mar- 
 riages : Be it therefore enacted, that from and after the said 
 tfrst day of January, 1828, the Resident Magistrate and the 
 
 Clerk of the Peace, for the several Districts and Places for 
 which they are assigned to act respectively, shall form the 
 Matrimonial Court, or Board, in such Districts and Places, 
 and any Justice of the Peace for the Districts of Worcester, 
 Swellendara, and Somerset, together with the Field-Cornet of 
 the Place, shall form the Matrimonial Court, or Board, at 
 Tnlbagh, Caledon, and Cradock, respectively ; and all Regis- 
 trations for Marriage shall be made in the said Courts, and all 
 Certificates of Registration shall be granted by the said Clerks 
 of the Peace, and Justices' Clerks, respectively, in like man- 
 ner as such Registrations were made, and such Certificates 
 were granted, in the Courts hereby to be abolished. 
 
 11. And be it further enacted, that every Matter and Thing 
 which was necessary to be done and performed for the due 
 Registration and Legalization of Marriage in the Courts hereby 
 to be abolished, shall be required to be done and performed,
 
 393 
 
 and shall be of like force and effect in the Courts hereby to be No. 33. 
 created. 1827. 
 
 12. And whereas by virtue of certain Proclamations and 
 Ordinances enacted in times past, certain Crimes and Offences 
 therein set forth, have been made cognizable by the said 
 Courts of Landdrost and Heemraden, and of Landdrost and 
 Commissioned Heemraden, and by the Courts of Deputy 
 Landrost and Heemraden, and Deputy Landdrost and Com- 
 missioned Heemraden, and by the Courts of the Residents at 
 Simon's Town, Port Elizabeth, and Port Frances : Be it there- 
 fore enacted, that from and after the first day of January, 
 1828, all such Crimes and Offences as are now by any special 
 Law or Ordinance cognizable respectively, by any of the Courts 
 hereby to be abolished, shall become cognizable by the Courts 
 hereby to be created : Provided always, that such Crimes and 
 Offences shall not be punishable by Death, Transportation, or 
 Banishment from the Colony. 
 
 Schedule. 
 Form of the Oath of Allegiance. 
 
 I, A. B. do sincerely promise and swear, that I will be faithful and 
 bear true Allegiance to His Majesty King George. So help me God ! 
 
 Form of the Oath of Office. 
 
 I, A. B. do promise and swear, that I will faithfully and diligently 
 execute, to the utmost of my Abilities, the several Duties of the Office 
 of Resident Magistrate which has been conferred upon me. So help me 
 God! 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 19th December 1827. 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) R. Flasket, Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council 
 
 No. 34. Signed, Rich. Bourke. 
 
 Ordinance for dissolving the Burgher Senate. (*) 
 
 WHEREAS it has appeared to His Majesty's Government, 
 that the various important Duties which have from time 
 to time been assigned to the Burgher Senate in this Colony, 
 have, from increase of Population and other causes, become 
 
 (') Allowed by the Home Government.
 
 394 
 
 No. 34. of too complicated and too laborious a nature to be 
 1827. exercised by one Body, constituted as the Burgher Senate 
 now is, and that it would be more beneficial for the 
 general interests of the Community, that such Duties 
 should be divided under different Heads, and executed by 
 distinct and separate Officers under the immediate control 
 of Government. And whereas it has been deemed ex- 
 pedient, with this view, to dissolve the Institution of the 
 Burgher Senate as now established ; Be it therefore 
 enacted by His Honor the Lieutenant-Governor in Council, 
 that from and after the first day of January 1828, the 
 President and Members of the Burgher Senate, then in 
 office, shall be relieved from all further Duty, and the 
 Burgher Senate shall be dissolved. 
 
 2. And be it further enacted, That from and after the first 
 day of January 1828, all Property and all Right, Title, and 
 Interest in, or Claim to, any Property, which was before the 
 time aforesaid vested in, or commiited to, the Administration 
 of the said Burgher Senate, of what nature or kind soever the 
 same may be, shall be divested, arid shall be vested by virtue 
 of this Ordinance, and without any Deed or Deeds of Transfer, 
 in Charles de Lorentz, Esquire, Superintendant of Police, and 
 Ralph Rogerson, Esquire, Collector of Taxes, who shall have 
 and hold the same in Trust for, and to and for the Use of the 
 Inhabitants of Cape Town. 
 
 3. And be it further enacted, That on or before the said first 
 day of January 1828, the Secretary for the time being of the 
 said Burgher Senate shall make out a true and correct Inventory, 
 or Schedule, of all and sundry the Property, Rights, Interest, 
 Debts, and Claims belonging to, or claimed by, the said Burg- 
 her Senate, at the time aforesaid, and which was then vested in, 
 or was under the Administration of, the said Burgher Senate ; 
 and which Inventory, or Schedule, the said Secretary, and the 
 President and Members of the said Burgher Senate, shall sign 
 and certify to be full, true, and correct, to the best of their 
 knowledge and belief; and the said Inventory, or Schedule so 
 signed and certified, shall, by the said Secretary, be delivered to 
 the said Charles de Lorentz and Ralph Rogerson, Esquires, who 
 shall give two joint Certificates, by way of Receipt, that the 
 same has been delivered to them ; one of which said Certificates, 
 or Receipts, shall be delivered to the President for the time 
 being of the said Burgher Senate, and shall be by him lodged 
 in the Office of the Registrar of Deeds in Cape Town, to be 
 tliere filed and kept as matter of Record ; and the other Certifi- 
 cate, or Receipt, shall be lodged and kept in the Office of the 
 Collector of Taxes in Cape Town.
 
 395 
 
 4. And be it further enacted, That all Accounts relative to No. 34. 
 the Matters aforesaid, shall be closed on the 31st day of De- 1827. 
 ceraber 1827; and all Monies, Bonds, raoveable Property, 
 Books, Papers and other Documents, together with a full, true, 
 
 and correct Inventory of the same, to be signed and certified as 
 aforesaid, shall be delivered over to the said Charles de Lorentz 
 and Ralph Rogerson, Esquires, on the 31st day of December 
 instant. 
 
 5. And be it further enacted, That the said Charles de 
 Lorentz and Ralph Rogerson, Esquires, shall immediately, upon 
 receipt theieof from the said Secretary, pay all and every Sum 
 and Sums of Money so received by them, into the hands of the 
 Treasurer and Accountant-General, who shall keep a separate 
 Account of the same. 
 
 6. And be it further enacted, That it shall and may be law- 
 ful for the Governor, or Lieutenant-Governor, for the time 
 being, to remove the said Charles de Lorentrand Ralph Roger- 
 son, Esquires, and any and every Person who shall be a Trus- 
 tee or Trustees for the time being, from the said Trust, as 
 occasion may require ; and upon such removal, or upon the 
 death or resignation of the said Charles de Lorentz and Ralph 
 Rogerson, Esquires, or the Trustees for the time being, or any 
 of them, to appoint such other Person or Persons to be a Trustee 
 or Trustees, as aforesaid, as to him shall seem fit. 
 
 7- And be it further enacted, That the said Charles de 
 Lorentz and Ralph Rogerson, Esquires, or the other Trustees 
 for the time being, in whom the said Property shall be vested, 
 shall administer the same, and do all such Matters and Things 
 relative thereto, as they shall be directed, by any Order, Direc- 
 tion, or Instruction, from time to time in that behalf to be 
 given to them by the Governor, or Lieutenant-Governor, for 
 the time being. 
 
 8. And be it further enacted, That all and every Grant or 
 Grants of Land, Houses, or other Property, heretofore law- 
 fully made by the said Burgher Senate, with the consent of the 
 Governor for the time being, shall be and are hereby confirmed 
 to the Person or Persons to whom the same were made. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 26th December 1827. 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) John Bell, Acting Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council.
 
 396 
 
 No. 35. Signed, Rich. Bourke. 
 
 For repealing the Tax levied for Gauging Casks of 
 Wine, Brandy, and Vinegar, and for appointing 
 Trustees to preserve and maintain the Public Li- 
 brary. (!) 
 
 WHEREAS the Charge for Gauging Casks of Wine, Bran- 
 dy, and Vinegar, passing the Market, which is levied by 
 virtue of a Proclamation of the 20th day of March 1818, 
 is found to be inconvenient, and it is expedient that the 
 same should be repealed : Be it therefore enacted by His 
 Honor the Lieutenant-Governor in Council, that from and 
 after the first day of January 1828, the said Proclamation 
 of the 20th day of March 1818, shall be repealed, and the 
 same is hereby from the time aforesaid repealed accord- 
 ingly. 
 
 2. And whereas by virtue of the Provisions of the said Pro- 
 clamation of the 20th day of March 1818, a valuable Public 
 Library has been formed in Cape Town, which it is desirable 
 to preserve and maintain for the Public benefit ; and whereas 
 the authority which was given to certain Individuals therein 
 named to form a Committee to superintend the Management of 
 the said Library, will, by the repealing of the said Proclama- 
 tion, cease and determine : Be it therefore enacted, that it 
 shall and may be lawful for the Governor or Lieutenant-Gover- 
 nor, for the time being, of this Colony, to appoint three compe- 
 tent Persons to be Trustees of the said Public Library, who shall 
 have power to take charge of the same and to make such 
 Regulations as to them shall seem fit, for the preservation of the 
 Books, Manuscripts, and other Things belonging thereto, and 
 for the perusal and inspection of the same by the Public : 
 Provided always, and be it further enacted, that it shall and 
 may be lawful for the Governor, or Lieutenant-Governor, for 
 the time being, to remove the said Trustees or any of them ; 
 and upon the removal, death, or resignation of the said Trus- 
 tees, or any of them, to appoint such other Person or Persons 
 as he shall think fit. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 28th December 1827. 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) John Bell, Acting Sec. to Govt. 
 
 By Order of the Council 
 (Sfgned) D.M.Perceval, Clerk of the Council. 
 
 (') Allowed by the Home Government, but repealed by Ordinance No. 
 71, tide also Ordinance No. 81836.
 
 397 
 
 No. 36. Signed, Rich. Bourke. 
 
 Ordinance for continuing the Powers heretofore com- 
 mitted to and exercised by the Permanent Sitting 
 Commissioner in Cape Town to a Judge of Police, 
 and for extending his Jurisdiction to the Cape Dis- 
 trictf and for continuing a Matrimonial Court 
 therein. (*) 
 
 WHEREAS by an Ordinance (No. 18.) bearing date the 
 29th day of May 1826, it is enacted, that it shall and may 
 be lawful for the Governor, or Lieutenant-Governor, for 
 the time being, with the approval of His Majesty, to 
 declare and appoint one of the Members of the Court of 
 Justice, to be a Permanent Sitting Commissioner for 
 the Administration of Justice, in certain Matters and 
 Things therein mentioned, in Cape Town ; and whereas in 
 pursuance thereof, such Commissioner has been appointed, 
 and acted in such Matters and Things as aforesaid ; and 
 whereas by a Proclamation of His Honor the Lieutenant- 
 Governor bearing date the 10th day of December 1827, 
 issued in pursuance of the provisions of His Majesty's 
 Charter of Justice bearing date the 2lth day of August 
 1827, it is ordered, that the Court of Justice in this Colony 
 shall, from and after the first day of January 1828, be 
 abolished, cease, and determine ; and whereas by an, 
 Ordinance (No. 33.) bearing date the 19th day of December 
 1827, it is enacted, that from and after the said first day 
 of January 1828, the Courts of Landdrost andHeemraden, 
 and of Landdrost and Commissioned Heemraden in the 
 several Districts of the Colony, shall likewise cease and 
 determine ; and whereas it is necessary for the due 
 Administration of Justice, and for the due Registration of 
 Marriages, in Cape Town and the Cape District, that some 
 Person be appointed to exercise the Powers and Duties 
 heretofore vested in, and exercised by, the said Permanent 
 Sitting Commissioner in Cape Town, and by the said 
 Courts of Landdrost and Heemraden, and Landdrost and 
 Commissioned Heemraden in the Cape District: Be it 
 therefore enacted, that from and after the passing of this 
 Ordinance, it shall and may be lawful for the Governor, 
 or Lieutenant-Governor for the time being, to appoint one 
 
 (') Allowed by the Home Government, but repealed by Ordinance 
 No. 44, infra.
 
 398 
 
 N o. 36. Judge of Police, who shall exercise in Cape Town, and 
 1828. the Cape District, the Jurisdiction, Powers, and Authority. 
 which have been heretofore exercised in Cape Town only 
 by the said Permanent Sitting Commissioner, by virtue 
 of the said Ordinance bearing date the 28th day of May 
 1826, the provisions of which, in all Matters relative to 
 Police, are hereby declared to be in full force and effect ; 
 or by virtue of any other Law or Ordinance under which 
 the said Permanent Sitting Commissioner is authorised 
 and required to act and exercise Jurisdiction. 
 
 2. And be it further enacted, That from and after the said 
 first day of January 1828, the said Judge of Police and his 
 Clerk, shall, in the place and stead of the said Landdrost and 
 Heeraraden, form the Matrimonial Court or Hoard, for Cape 
 Town and the Cape District, and all Registrations for Marriage 
 shall be made through and by the said Matrimonial Court or 
 Board, hereby enacted, and all Certificates of Registration 
 shall be granted by the said Clerk, in like manner as such 
 Registrations were made, and such Certificates were granted, 
 by the said Matrimonial Court, or Board which has been so 
 abolished. 
 
 3. And be it further enacted, That any and every Matter and 
 Thing which was necessary to be done and performed for the 
 due Registration and Legalization of Marriage in the said Ma- 
 trimonial Court, or Board, which has been abolished, shall be 
 required to be done and performed, and shall be of like force 
 and effect in the said Matrimonial Court, or Board, hereby 
 created. 
 
 4. And whereas by the Abolition of the Court of Justice as 
 aforesaid, the duty of holding Inquests can no longer be dis- 
 charged by Members of the Court of Justice as heretofore : 
 Be it therefore enacted, that from and after the passing of this 
 Ordinance, all Inquests in Cape Town shall be held before the 
 Judge of Police, and the Superintendent of Police, or his De- 
 puty, in the same manner and form as the Inquests were hereto- 
 fore held before the Members of the Court of Justice. 
 
 God save the King I 
 
 Given at the Cape of Good Hope, 5th January 1828. 
 By Command of His Honor the Lieutenant-Governor, 
 (Signed) John Bell, Acting Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council.
 
 399 
 
 No. 37. Signed, Rich. Bourke. 
 
 Ordinance for declaring and regulating the Duty of 
 the Sheriff of this Colony. 
 
 WHEREAS by His Majesty's Royal Charter, or Letters 
 Patent, for the more effectual Administration of Justice in 
 this Colony and in the several Territories and Settlements 
 dependent thereon bearing date at Westminster, the 24th 
 day of August 1827, it is, amongst other things, ordained 
 and declared, that the Governor or Lieutenant-Governor, 
 for the time being, of the said Colony, shall, by Warrant 
 under his Hand and Seal, nominate and appoint some fit 
 and proper Person, to act as and to be the Sheriff of the 
 said Colony and its Dependencies, for the Year ensuing ; 
 which Sheriff, when appointed, shall, as soon as conveni- 
 ently may be, and before he shall enter upon his said Office, 
 take an Oath, faithfully to execute the Duties thereof, 
 and the Oath of Allegiance, before the said Governor, who 
 is by the said Charter authorised to administer the same : 
 And whereas it is by the said Charter ordered, directed, 
 and appointed, that the said Sheriff shall, by himself, or 
 his sufficient Deputies to be by him appointed and duly 
 authorised under His Hand and Seal, and for whom he 
 shall be responsible during his continuance in such Office, 
 execute all the Sentences, Decrees, Judgments, Writs, 
 Summonses, Rules, Orders, Warrants, Commands, and 
 Processes, of the Supreme Court, or of the Circuit Courts, 
 of the said Colony, as therein is mentioned, and shall 
 make a Return of the same, together with the manner of 
 the execution thereof, to the Supreme Court of the Cape 
 of Good Hope, or to the said Circuit Courts, as the case 
 may be ; and shall receive and detain in Prison, all such 
 Persons as shall be committed to the custody of such 
 Sheriff, by the said Supreme Court and Circuit Courts, or 
 by the Chief Justice, or any other Judge of the said Courts : 
 And whereas it is further granted, ordained, directed, 
 and appointed, by the said Charter, or Letters Patent, 
 that it shall and may be lawful for the said Supreme Court, 
 by any Rules or Orders of Court, to be by them from time 
 to time, and for that purpose, made and published, to 
 frame, constitute, and establish, such Rules, Orders, and 
 Regulations, as to them shall seem meet, touching and 
 
 (') Allowed by the Home Government.
 
 400 
 
 No.37. concerning (amongst other things) the Proceedings of the 
 1 828. Sheriff and other Ministerial Officers of the said Court, the 
 Process of the said Courts, and the Mode of Executing the 
 same ; provided (amongst other things therein provided) 
 that the same shall be promulgated in the most public and 
 authentic manner, in the said Colony, for ihree Months at 
 least, before the same shall operate and take effect : And 
 \diereas it is necessary and expedient, in the mean time, 
 and until the said Supreme Court shall further or otherwise 
 order, to make provisions for the performance of the Duties 
 of the said Sheriff in certain cases Be it therefore enacted 
 and declared, by His Honor the Lieutenant-Governor in 
 Council, that the said Sheriff shall, immediately after his 
 Appointment, and after havingtaken the Oaths as aforesaid, 
 appoint and depute sufficient Persons and Deputies, to 
 act forhin in the execution of the Duties of his said Office, 
 and shall, immediately after such Appointment, cause to 
 be enrolled in the Office of the Registrar of the Supreme 
 Court, the Names and Places of abode of such his lawful 
 Deputies, and which enrolment shall specify the District 
 within which they are respectively to act for the said 
 Sheriff; and also shall, immediately after any removal of 
 any such Deputy, cause such removal to be notified to the 
 Registrar, and shall cause the Name of the Person suc- 
 ceeding him in the execution of his Duty, to be in like 
 manner enrolled in the said Office, and shall cause the 
 like Notification to be published in the next ensuing Go-' 
 vernment Gazette of the said Colony. 
 
 2. And be it further enacted, That a convenient Office in 
 Cape Town shall be appointed for the said Sheriff, wherein shall 
 be placed, in some conspicuous part thereof, the Names and 
 Places of Abode of such his Deputies, and the Districts in which 
 they are appointed respectively to act ; and also this Ordinance, 
 and all such General Rules and Orders as shall at any time be 
 made by the Supreme Court, for regulating the Duty of the said 
 Sheriff and his Deputies, and a Table of all the Fees and Charges 
 which may, by Law, be taken by him or them respectively. 
 
 3. And be it further enacted, That the said Sheriff, or his 
 Deputy, shall give his personal attendance in the Supreme 
 Court daily, during Term time, or any Sitting or Session of the 
 said Court, or of any Circuit Court ; and the said Sheriff shall, 
 by himself, or his Deputy, immediately, and without delay, 
 execute all the Sentences, Decrees, Judgments, Writs, Sum- 
 monses, Rules, Orders, Warrants, Commands, and Processes, 
 of the said Supreme Court, or Circuit Courts respectively, to
 
 401 
 
 him directed, where no time is specified therein for the execution No. 37 m 
 thereof, or otherwise, according to the exigency of the same ; 1828. 
 and shall make a Return thereof, together with the manner of 
 the Execution thereof, to the Office of the Registrar of the said 
 Supreme Court, or Registrar of the Circuit Courts respectively, 
 as the case may be ; and the said Sheriff shall receive and de- 
 tain in custody, all Persons arrested upon any Sentence, Decree, 
 Judgment, Writ, Summons, Rule, Order, Warrant, Command, 
 or Process of the said Supreme Court, or Circuit Courts re- 
 pectively, and shall receive and detain in Prison, all such Per- 
 sons as shall be committed to his custody by the said Supreme 
 Court, or Circuit Courts, or by the Chief Justice, or any of the 
 Judges of the Supreme Court. 
 
 4. Provided always, and be it further enacted, That the said 
 Sheriff shall not be answerable, or responsible, for the Rescue 
 or Escape of any such Person out of the custody of the said 
 Sheriff, or his Deputy, on his way to any Public Gaol or Prison 
 in this Colony ; or after being lodged therein, Avhere such 
 Rescue or Escape shall happen without the default or connivance 
 of the said Sheriff or his Deputy : Provided, however, that in 
 case of any such Rescue or Escape, the said Sheriff, or his 
 Deputy, shall use all lawful means for the Pursuit, Apprehen- 
 sion, and Security of any such Person, without any further 
 Warrant or Authority whatever. 
 
 5. And be it further enacted, That where any Summons, or 
 other Process of the Supreme Court, shall be issued to compel 
 the Appearance in the said Court, or in any Circuit Court of 
 
 T this Colony, of any Person to answer any Claim, or Demand, 
 i in any case where by Law the said Person may not be arrested 
 or holden to Bail, and the said original Summons, or other 
 Process, shall be delivered to the Sheriff at his said Office, the 
 said Sheriff, or his Deputy, shall execute the same according 
 to the exigency thereof; and at the time of summoning any 
 Person in pursuance of such Summons or Process, he shall 
 deliver to him personally, or leave with some one of his House- 
 hold for him at his Dwelling House, when the said Defendant 
 cannot be found, a Copy of the said Summons or Process ; at 
 the same time informing the said Defendant, or other Person, 
 of the nature and exigency thereof. 
 
 6. Provided always, and be it further enacted, that where 
 neither the said Defendant, nor any one of his Household, 
 after diligent search, can be found at his usual Place of Abode, 
 a Copy of the said Summons, or Process, may in all cases be 
 left at the Dwelling House of the said Defendant. 
 
 7. And be it further enacted, That in all cases where any 
 Process of the said Supreme Court shall be delivered to the 
 said Sheriff at his said Office, for the Arrest or Attachment of 
 
 L L 2
 
 402 
 
 o. 37. any Defendant, in order to compel his Appearance in the 
 1828. Court, or in any Circuit Court, to answer any Complaint or 
 Demand, at any day therein specified, then the said Sheriff 
 shall, by himself or his Deputy, immediately and without de- 
 lay, execute the said Process, and shall give to the Defendant, 
 at his request and at his charge, a true Copy of the said Process ; 
 and if upon any such Arrest, the said Defendant, or any one 
 on his behalf, shall give to the said Sheriff, reasonable Security, 
 by Bond or Obligation, of the said Defendant and another 
 Person, having sufficient Property within the said Colony, that 
 the said Defendant shall appear according to the exigency of 
 the said Process, and also shall stand to, abide, and perform 
 the Judgment of the Court thereon, or render himself to the 
 Prison of the Supreme Court of our Sovereign Lord the Kinff, 
 in execution thereof; or if the said Defendant shall pay or de- 
 liver to the Sheriff, or his Deputy, the Sum of Money or other 
 Thing mentioned in the said Process, together with the Costs 
 and Charges indorsed thereon, and his Legal Fee for making 
 the said Arrest ; then the said Sheriff, or his Deputy, shall per- 
 mit the said Defendant to go at large and free of the said Arrest, 
 as to the said Action ; and the said Bond, or Obligation, shall 
 be as nearly as is material, in the form following, that is to say, 
 
 Know all Men by these Presents, that we A. B. and C. D. are held and 
 firmly bound to Esquire, Sheriff of the Colony of the Cape of Good 
 
 Hope, in the sum of (the sum or value of the thiug mentioned 
 
 in the Process) of lawful Money of Great Britain, to be paid to the said 
 .Sheriff, or his certain Attorney, Executors, Administrators, or Assigns, 
 for which Payment to be made, we bind ourselves, and each of us for 
 himself in the whole, our, and every of our heirs, Executors, and Admi- 
 nistrators, firmly by these Presents. 
 
 Signed with our Hands, and dated the day of 
 
 in the Year of our Lord 
 
 Now, the condition of this Obligation is such, that if the above bounden 
 A. B. do appear by his Attorney before the Supreme Court of the C ! my 
 of the Cape of Good Hope, on the day of to answer 
 
 E. F. wherefore (following the statement in the Process), and also shall 
 staad to, abide and perform the Judgment of the said Court thereon, or 
 render himself to the said Court in execution thereof; then this Obliga- 
 tion to be void, otherwise to remain in full force. 
 
 Signed and delivered, being first (L. S.) 
 
 duly stamped in the presence of (L. S.) 
 
 And if the said Sheriff shall have taken from any Person ar- 
 rested, any Money or Thing, for the said Plaintiff, or any Bond 
 or Obligation, by virtue of any Process, then the said Sheriff 
 shall, after the expiration of fourteen days from the day of the 
 return thereof, and being thereunto required by the Plaintiff o-
 
 403 
 
 his Attorney, deliver over to the said Plaintiff or his Attorney, the No. 37, 
 said Money or Thing ; or assign to the said Plaintiff such Bond 1828. 
 or Obligation, by an Endorsement to be thereon made by the 
 said Sheriff under his hand ; which Endorsement shall be as 
 nearly as may be in the form following, that is to say, 
 
 I, the within named Sheriff, at the request of E. F., the 
 
 Plaintiff \vithin named, hereby assign to him, the said E. F., the within 
 Bail Bond, and ail the benefit and advantage arising therefrom. 
 
 In witness whereof I have hereunto set my hand this day of 
 
 in the year of our Lord 
 
 Signed and delivered by (L. S.) 
 
 the within named Sheriff, 
 in the presence of 
 
 8. And be it further enacted, That whenever, by any Process 
 of the Supreme Court, the Sheriff shall be commanded to levy 
 and raise any Sum of Money upon the Goods and Chattels of 
 any Person residing in Cape Town, or the District thereof, the 
 said Sheriff shall, by himself or his Deputy, within twenty-four 
 hours after delivery of the same at his Office : or if residing in 
 the Country, within twenty-five miles of Cape Town, then 
 within forty-eight hours after delivery of the same ; or if residing 
 at any greater distance from Cape Town within so many days 
 distance, in addition to twenty-four hours, as such Person resides 
 from Cape Town, repair to his Dwelling House, and there 
 demand, that so much moveable Property may be pointed out, 
 as the said Sheriff, or his Deputy, may deem sufficient to satisfy 
 the exigency of the said Process ; which Property shall be im- 
 mediately" inventoried and taken into the custody of the said 
 Sheriff, or his Deputy ; and if upon the demand of the said 
 Sheriff, or his Deputy, no such Property be pointed out, or 
 such as is insufficient to satisfy the exigency of the said 
 Process, then he shall immediately seize and take into 
 his charge, so much of the moveable Property of the said 
 Defendant as will be sufficient to satisfy the exigency 
 of the said Process : Provided, that if there shall be any Claim 
 made by any other Person, to any such Property about to be 
 seized by the said Sheriff, or his Deputy, then, if the said Plain- 
 tiff, or his Attorney, will indemnify the said Sheriff by an under- 
 taking in writing, signed by the said Plaintiff, to save him harm- 
 less from any loss or damage by reason of the seizure thereof, 
 then the said Sheriff, or his Deputy, shall take and seize the 
 same, and the same shall forthwith be inventoried and taken 
 into the custody of the said Sheriff, or his Deputy. 
 
 9. Provided always, and be it further enacted, That the said 
 Sheriff, or his Deputy, shall not take or seize, in execution of 
 any such Process, any of the necessary Tools, Utensils, Imple-
 
 404 
 
 No. 37. ments, or Cattle, used in Trade or Husbandry, or Wearing 
 
 1828. Apparel, of any Person ; unless there shall not be sufficient 
 
 other moveable Property of the Defendant, to satisfy the same. 
 
 10. And be it further enacted. That where any moveable 
 Property shall be taken by the said Sheriff, or his Deputy, in 
 execution of any Process of the said Supreme Court, the same 
 shall not be removed from the Premises of the said Defendant, 
 until after the expiration of seven Days from the seizure thereof; 
 unless the said Defendant shall, by Writing, under his hand, 
 permit the same to be removed ; but the said Sheriff, or his 
 Deputy, shall keep possession thereof, upon the Premises where 
 the same is seized, and the Expense of such keeping possession, 
 shall be borne by the said Defendant, and defrayed out of the 
 said Levy ; and all such Property shall be Sold by Public Auc- 
 tion, in the presence of the said Sheriff, or his Deputy, after 
 the Advertisement thereof has been twice made in the Govern- 
 ment Gazette of this Colony, and after the expiration of four- 
 teen days from the time of seizure thereof, when such seizure 
 has been made in Cape Town, or within twenty-five miles there- 
 of; 'and if such seizure be made at any greater distance from 
 Cape Town, then after the expiration of so many days, as the 
 place, where the said Property is seized, shall be days distance 
 therefrom, in addition to the said period of fourteen days. 
 
 1 1 . And be it further enacted, That, together with the Sum 
 mentioned in, or endorsed upon, any Process of the Supreme 
 Court, the said Sheriff shall levy and raise on the Goods of the 
 said Defendant, sufficient to satisfy such Percentage, as is or 
 shall be by Law chargeable thereon, and the reasonable Expen- 
 ses, Costs, and Charges of making the said Levy and Sale; and 
 if, after satisfying the exigency of the said Process, together 
 with the said Percentage, Costs, and Charges, there should re- 
 main any overplus, he shall pay over the same to the Defendant; 
 and the said Sheriff, or his Deputy, shall make out and deliver 
 to the said Defendant, an exact Account, in writing, of the 
 Costs and Charges of the said Execution and Sale ; and the 
 same shall be liable to Taxation by the Master of the Supreme 
 Court, upon application for that purpose by the said Defendant; 
 and if, upon Taxation, any Sum shall be deducted by the Mas- 
 ter, as having been improperly charged, the Sheriff shall refund 
 the same to the Defendant, with such Costs as the Court shall 
 think fit. 
 
 12. And be it further enacted, That, whenever upon any 
 Warrant or Process of the Supreme Court, the said Sheriff 
 shall be commanded to levy and raise any Sum of Money, by 
 Sale of the iinmoveable Property of any Person residing in 
 Cape Town, or in the District thereof, the said Sheriff shall, 
 by himself, or his Deputy, within twenty-four hours after de-
 
 405 
 
 livery of the same at his Office ; or if residing in the Country, No. 37. 
 within twenty-five miles of Cape Town, then within forty-eight 1828. 
 hours after delivery of the same ; or if residing at any greater 
 distance from Cape Town, within so many days distance, in 
 addition to twenty-four hours, as such Person resides from Cape 
 Town repair to his Dwelling House, and there demand that so 
 much immoveable Property may be pointed out, as the said 
 Sheriff, or his Deputy, may deem sufficient to satisfy the exigen- 
 cy of the said Process ; and the said Sheriff, or his Deputy, 
 shall take an Account of the description, situation, quality, and 
 quantity of the said Property; and if, upon the demand of the 
 said Sheriff, or his Deputy, no such Property be pointed out, 
 or insufficient to satisfy the exigency of the said Writ, then, 
 if the said Plaintiff or his Attorney, will point out or specify to 
 the said Sheriff, or his Deputy, any such Property of the said 
 Defendant, and will indemnify the said Sheriff, by an Under- 
 taking in Writing, signed by the said Plaintiff, to save the said 
 Sheriff harmless from any loss or damage, by reason of the At- 
 tachment thereof, then the said Sheriff, or his Deputy, shall 
 attach and take possession of the same. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 5th January 1828. 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) John Bell, Acting Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council. 
 
 No. 38. Signed, Rich. Bourke. 
 
 Ordinance for authorising the Civil Commissioner of the 
 Cape District to act within the District and Residency 
 of Simon's Town, and for establishing a Board for 
 the Registration of Marriages therein ; and for re- 
 pealing the Proclamation of the Sth of April 1825, 
 granting Jurisdiction to the Government Residents at 
 Algoa Bay (now Port Elizabeth,) and Port Frances, 
 in certain Criminal and Civil Cases, (*) 
 
 WHEREAS by a Proclamation bearing date the 24th day 
 of May 1814, the District and Residency of Simon's Town 
 
 (') Allowed by the Home Government.
 
 406 
 
 No. 38. were declared to be entirely separated from the Cape Dis- 
 1828. trict, and the Revenue arising therefrom was directed to 
 be collected by the Goverment Resident thereof; and 
 whereas it is deemed expedient, that the Office and Duties 
 of the said Resident should be abolished, and that the 
 Civil Commissioner for the Cape District should hence- 
 forth exercise the Office, and perform the Duties, hereto- 
 fore exercised and performed by the said Government Re- 
 sident, in so far as is hereinafter mentioned : Be it there- 
 fore enacted, by His Honor the Lieutenant-Governor in 
 Council, that from and after the passing of this Ordi- 
 nance, the Office and Duties of the said Government 
 Resident shall cease and determine ; and the Civil Com- 
 missioner for the Cape District shall thenceforth collect 
 all Taxes, and Arrears of Taxes, that are now, or here- 
 after may become due and payable within the said Dis- 
 trict and Residency ; and shall do and perform all such 
 Matters and Things within the said District and Resi- 
 dency, as by virtue of his Office he is authorised and re- 
 quired to do and perform within the Cape District any 
 thing contained in the said Proclamation of the 24th day 
 of May 18 H^ 1 ) to the contrary notwithstanding. 
 
 2. And whereas by an Ordinance (No. 33) ( 2 ) bearing date 
 the 19th day of December 1827, it is enacted, That from and 
 after the first day of January 1828, the Court of the Resident 
 and Heemraden at Simon's Town shall be abolished, and the 
 same has been abolished accordingly ; and whereas by reason of 
 the abolition thereof, it becomes necessary, that some provision 
 be made for the due Registration and Legalization of Marriages 
 within the said District and Residency : Be it therefore enacted, 
 that from and after the passing of this Ordinance, the Resident 
 Magistrate of Simon's Town, and his Clerk, shall, in the place 
 and stead of the Government Resident and Heemraden, form 
 the Matrimonial Court, or Board, for the said District and 
 Residency ; and all Registrations for Marriages shall be made 
 through and by the said Matrimonial Court, or Board, hereby 
 created ; and all Certificates of Registration shall be granted by 
 the said Clerk, in like manner as such Registrations were made, 
 and such Certificates were granted, by the said Matrimonial 
 Court, or Board, which had been abolished. 
 
 3. And be it further enacted, That any and every Matter and 
 Tiling which was necessary to be done and performed, for the 
 due Registration and Legalization of Marriages in the said 
 
 () Vide supra p. 166. 
 ( a ) Vide supra p. 3S9.
 
 407 
 
 Matrimonial Court, or Board, which has been abolished, shall No. 3B. 
 be done and performed, and shall be of like force and effect in 1828. 
 the said Matrimonial Court, or Board, hereby created. 
 
 4. And whereas a Clerk of the Peace has not been appointed 
 for the District and Residency of Simon's Town, nor for the 
 Township of Port Elizabeth, and it is not intended to appoint a 
 Clerk of the Peace for either of the said places : Be it therefore 
 enacted, That the Clerks of the Resident Magistrates of the 
 said places respectively, shall enter in the Books of Record 
 kept by them respectively, the due administration and taking of 
 all such Oaths as in the other Districts of the Colony are, or may 
 be, required to be registered by the respective Clerks of the 
 Peace. 
 
 5. And whereas doubts have arisen, whether a Proclamation 
 bearing date the 8th day of April 1825, relative to certain 
 Powers and Authorities thereby given to the Government Resi- 
 dents at Algoa Bay (now called Port Elizabeth), and Port Fran- 
 ces, be still in force : Be it therefore enacted, That from and 
 after the passing of this Ordinance, the said Proclamation shall 
 be repealed, and the same is hereby repealed accordingly. 
 
 God save the King. 
 
 Given at the Cape of Good Hope, 19th January 1828. 
 By Command of His Honor the Lieutenant Governor, 
 (Signed) John Bell, Acting Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council. 
 
 No. 39. Signed, Rich. Bourke. 
 
 Ordinance for enabling the Registrar of Deeds to cer- 
 tify and enregister all such Acts, Transfers, Mort- 
 gages, and other Deeds, as were heretofore certified and 
 enregistersd before two Members of the Court of 
 Justice and the Colonial Secretary. (*) 
 
 WHEREAS heretofore in this Colony, Deeds or Transfer of 
 Landed property, Mortgages, and other like Acts and 
 Instruments, have been certified and enregistered before, 
 and subscribed by, two Members of the Court of Justice, 
 in the presence of the Colonial Secretary, before the said 
 
 (') Allowed by the Home Government.
 
 408 
 
 No. 39. Deeds and Instruments could be duly registered ; and 
 1828. whereas in cosequence of the abolition of the Court of 
 Justice, the said Registration can no longer be in such 
 manner carried on : Be it therefore enacted, by His Honor 
 the Lieutenant Governor in Council, that from and after 
 the passing of this Ordinance, and until further and other 
 provision be made in this respect, all such Deeds, of any 
 and whatsoever kind, as have been heretofore certified and 
 enregistered as aforesaid, shall be certified and enregistered 
 before, and subscribed by, the Registrar of Deeds ; and 
 all such Deeds so certified by the said Registrar, shall be 
 enregistered and be and become as valid and effectual, to 
 all intents and purposes, as if the same had been certified 
 and enregistered before, and subscribed by, two Members 
 of the court of Justice, in the presence of the Colonial 
 Secretary. 
 
 *2. And whereas the Colonial Debt Registers have heretofore 
 been kept at the Office of the Colonial Secretary, and Entries 
 made therein, from time to time by one of the Clerks of that 
 Office: Be it therefore enacted, that from and after the passing 
 of this Ordinance, the said Registers shall be kept by, and all 
 Entries shall be made therein by and under the direction of, the 
 said Registrar of Deeds. 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 19th January 1828. 
 By Command of His Honor the Lieutenant Governor, 
 (Signed) John Bell, Acting Secretary to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council. 
 
 No. 40. Signed, Rich. Bourke. 
 
 Ordinance for regulating the Manner of proceeding in 
 Criminal Cases in this Colony. (*) 
 
 WHEREAS it is necessary and expedient to make certain 
 Changes and Alterations in the Mode of proceeding in 
 Criminal Cases, and to declare the Law, as at present 
 established by His Majesty's Royal Charter bearing date 
 
 (') Allowed by the Home Government, explained, altered, and amended 
 by Ordinance No. 73.
 
 409 
 
 24th day of August, at Westminster, in the Eighth Year No. 40. 
 of His Majesty's Reign: Be it therefore enacted and 1828. 
 declared, by His Honor the Lieutenant-Governor in Coun- 
 cil, that from and after the passing of this Ordinance, the 
 Manner of proceeding in Criminal Cases in this Colony 
 shall be according to the Rules and Regulations herein- 
 after mentioned and set forth. 
 
 Of Jurisdiction, 
 
 1. All Crimes and all Offences against the Law, (for the 
 commission of which any Penalty or Punishment is by Law 
 provided,) committed by any Person in this Colony, or its 
 Dependencies, are subject to the Jurisdiction of the Supreme 
 Court of the Colony of the Cape of Good Hope. 
 
 2. All Crimes and all Offences against the Law, (for the com- 
 mission of which any Penalty or Punishment is by Law pro- 
 vided) committed by any Person within any one of the Districts 
 into which this Colony has been or shall be divided by the 
 Governor, are also subject to the Jurisdiction of the Circuit 
 Court of such District or of any such Circuit Court held within 
 any other District of the Colony, to which the Trial of such 
 Crime or Offence shall tffe permitted or allowed to be removed 
 by the competent Court. 
 
 3. All Crimes and Offences against the Law, (for the com- 
 mission of which any Penalty or Punishment is by Law pro- 
 vided,) not punishable by Death, Transportation, or Banish- 
 ment, committed by any Person within the local limits within 
 which the Jurisdiction of any Inferior Court, erected or to be 
 erected by the Governor of this Colony, is appointed by the 
 said Governor to be exercised, are also subject to the Jurisdic- 
 tion of such Inferior Court. 
 
 4. The Supreme Court has full Power, Jurisdiction, and 
 Authority, to review the Proceedings of all Inferior Courts of 
 Justice within the Colony ; and, if necessary, to set aside or 
 correct the same. 
 
 5. The grounds upon which it is competent to bring the Pro- 
 ceedings of the Inferior Courts under the review of the Supreme 
 Court, are : 
 
 First. Incompetency of the Court in respect of the Cause, 
 including all excess of Jurisdiction, whether committed by the 
 Judge in trying for an Offence, which, in respect of its nature 
 or magnitude, or of its having been committed out of his Juris- 
 diction, or of its having been already tried, or forming the 
 subject of a pending Trial in any other competent Court, was 
 not subject to his Jurisdiction, or in awarding 1 a greater Punish- 
 ment, than by the constitution of his Court he had power to 
 award. 
 
 M M
 
 410 
 
 No. 40. Second. Incompetency of the Court in respect of the Judge 
 1828. himself, as that either the Judge himself, or his near Kinsman 
 had an interest in the Cause. 
 
 Third. Malice or corruption on the part of the Judge. 
 
 Fourth, Gross irregularity in the Proceedings. 
 
 Fifth. The admission of illegal or incompetent Evidence. (') 
 
 Of Prosecutors and their Title. 
 
 6. The Attorney-General of the Cape of Good Hope is vested 
 with the right, and entrusted with the duty, of Prosecuting in 
 the Name and on the Behalf of the King, all Crimes and Offen- 
 ces committed in this Colony. 
 
 7. This right of Prosecution is exercised by the Attorney- 
 General, in the Supreme Court, in Person in the Circuit and 
 District Courts, through the medium of the Clerks of the Peace 
 for the respective Districts in which such Courts shall he held ; 
 and in the Police Court in Cape Town, through the medium of 
 the Superintendent of Police, or his Deputy ; unless any other 
 Person shall have been specially appointed by the said Attor- 
 ney-General to appear and act for him in any Particular Case, 
 before any or either of the said Superior or Inferior Courts. (=) 
 
 8. This right and power of Prosecution in the Attorney- 
 General, is absolutely under his own management and control. ( 3 ) 
 
 9. The Attorney-General has the power at any time before 
 Conviction, of stopping all Prosecutions commenced by him, or 
 by the Superintendent of Police, or by the Clerks of the Peace, 
 at the Public instance : but in the event of the Defendant 
 having been previously arraigned upon any charge, lie shall 
 be entitled to a Verdict of Acquittal, in respect of such charge. 
 
 10. The Attorney-General has the power, (except in the 
 special Case hereinafter excepted) of ordering the Liberation 
 of any Person committed to Gaol for further Examination, or 
 for Trial ; for which Liberation, a writing, setting forth that 
 the Attorney-General sees no grounds for prosecuting such Per- 
 son, and subscribed by him, shall be a sufficient Warrant. 
 
 11. Where in virtue of the right of Prosecution hereinafter 
 given to private Parties, any private Party intends to prosecute 
 any Person, for whose Liberation from Gaol any Warrant of 
 the nature abovementioned may have been issued by the Attor- 
 ney-General, it shall be competent for such private Parties, 
 upon entering into a Recognizance for the Prosecution of the 
 said Defendant in the form hereinafter set forth, to apply to the 
 Supreme Court, or Circuit Court; or in case such Courts shall 
 not be then actually sitting, to the Chief Justice of the Colony, 
 
 (') Vide Ordinance, No. 73, 3. 
 
 CO Vide Ordinance No. 4, 1834, 10. 
 
 ( 3 ) Vide Ordinance No. 73, 4.
 
 411 
 
 or to any of the Judges of the Supreme Court, for a Warrant No. 40. 
 for the further detention in Gaol of such Person, (or in case 1828. 
 the Liberation has already taken place, for his recommittal to 
 Gaol for Trial) upon which application, the said Courts, and 
 tne said Chief Justice, and other Judges, shall make such 
 Order, as to them shall seem proper. 
 
 12. Neither Conviction or Acquittal following on the Prose- 
 cution of the Attorney-General is any bar to a Civil Action for 
 Damages, at the instance of any Person who may have suffered 
 any injury from the commission of any alleged Crime or Offence. 
 
 13. In all cases, where the Public Prosecutor declines to 
 prosecute for any alleged Crime or Offence, it is competent for 
 any private Party, who alleges that he has suffered injury by 
 any such alleged Crime or Offence, to prosecute in any Court, 
 competent to the Trial of the same, the Person alleged to have 
 committed such Crime or Offence. 
 
 14. In order that no Prosecution, at the instance of a private 
 Party, may take place, until the Public Prosecutor shall have 
 exercised his discretion, whether he will prosecute the Offender 
 at the Public instance, it shall not be competent for any private 
 Party to obtain the Process of any Court for summoning any 
 Party to answer to any Indictment or Complaint, unless the said 
 private Party shall produce to the Officer, authorised by Law 
 to issue such Warrant, the Indictment or Complaint, having 
 endorsed thereon where the Indictment is to be tried in the 
 Supreme or Circuit Court, a Certificate under the hand of, and 
 subscribed by, the Attorney-General, that he has seen the In- 
 dictment, and declines to prosecute at the Public instance for 
 the Offence therein set forth ; and where the Indictment or 
 Complaint is to be tried in any Inferior Court, a Certificate, 
 under the hand of, and subscribed by, the Officer who by Law 
 is entitled to prosecute at the Public instance in such Court, 
 that he has seen the said Indictment or Complaint, and declines 
 to prosecute at the Public instance for the Offence therein set 
 forth ; and in every case, in which the Attorney-General de- 
 clines to prosecute, he and the Officers, through whom he 
 exercises the right of Prosecution in the Inferior Courts, shall, 
 at the request of the Party intending to prosecute, grant the 
 Certificates abovementioned on every Indictment submitted to 
 them by such private Party. ( J ) 
 
 15. To support a Prosecution at the private instance, the 
 private Party prosecuting must be able to show some substantial 
 and peculiar interest in the issue of the Trial, arising out of some 
 injury, which he individually has suffered by the commission of 
 the alleged Crime or Offence set forth in the Indictment or 
 Complaint. 
 
 (') Vide Ordinance No. 73, G, 7, and 8.
 
 412 
 
 No. 40. 16. A Husband possesses this right of Prosecution in respect 
 1828. of Crimes and Offences committed against his wife. 
 
 J7. The legal Guardians of Minors possess this right of 
 Prosecution in respect of Crimes and Offences committed against 
 their Wards. 
 
 18. The Wife or Children, or where there is no Wife or Child, 
 any of the next of kin, of any deceased Person, possess this right 
 of Prosecution in respect of any Crime by which the Death of 
 such Person is alleged to have been caused. 
 
 19. Where a Person prosecuted at the instance of a private 
 Party is acquitted, the Court, in which the Prosecution was 
 brought, may adjudge the Prosecutor, to pay to the Party 
 prosecuted the whole, or any part, of the Expenses which may 
 have been occasioned to him by the Prosecution. 
 
 20. It shall not be competent for any private Party to obtain 
 the Process of the Supreme Court for summoning any Party to 
 answer to any Indictment or Complaint, unless such private 
 Party shall first enter into a Recognizance in the Sum of Twenty 
 Pounds Sterling, together with two sufficient Sureties in Ten 
 Pounds Sterling each, to be approved of by the Officer issuing 
 such Process, to prosecute the said Indictment or Complaint to a 
 conclusion, according to the forms of Law at the time at which 
 the Summons rquires the Defendant to appear. 
 
 21. The right of Prosecution for the Crime of Murder shall 
 not be barred by any laspe of time ; but the right of Prosecution 
 for any other Crime or Offence, whether at the instance of the 
 Public Prosecutor, or of the private Party injured, shall be barred 
 by the lapse of Twenty Years from the time when the Crime or 
 Offence was committed. 
 
 Of Arrest and Preliminary Examination. 
 
 23. The Chief Justice, or any Judge of the Supreme Court, 
 the Judge of the Police Court in Cape Town, any Resident 
 Magistrate, or Justice of the Peace, who has knowledge of any 
 Crime or Breach of the Peace, by seeing it committed, may 
 himself arrest the Offenders, or by a verbal Order he may 
 authorise others to do so, who may follow the Offenders thus 
 pointed out to them, and execute this Order on them out of the 
 presence of such Magistrate, if they fly. ( J ) 
 
 23. The Sheriff and his Deputies, Superintendent of Police 
 and his Deputy, and Field-Cornets, and all Constables, Police 
 Officers, or other Officers of the Law, proper to the execution 
 of Criminal Warrants, have the power of arresting, in Cases of 
 Crimes or Breaches of the Peace committed in their presence, 
 or of the commission of which they have credible information 
 from others ; and after taking the Offender, such Sheriff or 
 
 (') Vide Ordinance, No. 73, 11.
 
 413 
 
 other Officer shall immediately carry the Offender before the No. 40. 
 nearest Magistrate, to be dealt with according to Law. (*) 1828. 
 
 24. The Chief Justice of the Colony and Judges of the 
 Supreme Court the Judge of Police in Cape Town the Resi- 
 dent Magistrates and all Justices of the Peace, may lawfully 
 grant a Warrant for the apprehension of any Offender, on a 
 written application, setting forth the Offence alleged to have 
 been committed, and that, from information taken upon Oath, 
 there are reasonable grounds of suspicion against him, sub- 
 scribed by the Attorney-General by the Superintendent of 
 Police in Cape Town or by the Clerk of the Peace of the 
 District, or upon the information to the like effect of any Per- 
 son made on Oath before the Judge or Magistrate granting the 
 Warrant. ( c ) 
 
 25. A Warrant issued by the Chief Justice, or any of the 
 Judges of the Supreme Court, has effect and may be executed 
 any where in the limits of the Colony and its Dependencies ; 
 Warrants issued by the Judge of Police in Cape Town, Resident 
 Magistrates, and Justices of the Peace, have effect and can be 
 executed only within the local limits within which the Jurisdic- 
 tion of the said Magistrate, Judge of Police, or Justice of the 
 Peace, is appointed to be exercised : but the Judge of Police 
 in Cape Town, every Resident Magistrate, and every Justice 
 of the Peace, on production to him of a Warrant issued by any 
 other Magistrate, is bound to grant his concurrence to it by an 
 Endorsement thereof, after which the Warrant may be executed 
 within the local limits of the Jurisdiction of the Magistrate so 
 endorsing it. ( 3 ) 
 
 26. Every Warrant so issued shall be to apprehend the Party 
 described in it, and to bring him before any Resident Magis- 
 trate, or the Judge of Police in Cape Town, or Justice of the 
 Peace, for Examination. ( 4 ) 
 
 27. The Superintendent of Police in Cape Town, or his 
 Deputy, and every Clerk of the Peace, on receiving information 
 of any Crime or Offence having been committed within his Dis- 
 trict, (except it shall plainly appear to be proper for the cog- 
 nizance of a Court of Summary Jurisdiction,) shall commence 
 a preparatory Examination before the Judge of Police in Cape 
 Town, Resident Magistrate, or Justice of the Peace, within 
 whose Jurisdiction respectively such Superintendent of Police 
 in Cape Town and his Deputy, and Clerks of the Peace, are 
 appointed to exercise their respective Offices ; and, for that 
 
 (') Vide Ordinance, No. 73, 12. 
 
 ( 2 ) Vide Ordinance, No. 73, \ 9. 
 
 ( 3 ) Vide Ordinance No. 73, 'lO. 
 
 ( 4 ) Vide Ordinance No. 73, 19. 
 
 M M2
 
 414 
 
 No. 40. purpose, shall immediately apply for a Warrant for the appre- 
 -1828. hension of any Person, who, from information taken upon Oath, 
 may be reasonably suspected of having committed the said 
 Crime or Offence, and for summoning those Persons, whom it 
 shall appear necessary to examine as Witnesses : and in case of 
 refusal or failure to attend after due proof of the service of 
 such Summons, a further Warrant under the hand of any 
 Magistrate, to enforce the appearance of such Witnesses ; or 
 jn the event of its not being known or suspected by whom the 
 Crime or Offence was committed, a Warrant for summoning 
 as Witnesses such Persons as aforesaid : and the Superintendent 
 of Police in Cape Town, and every Field-Cornet and every 
 Constable, on receiving information of any Crime or Offence, 
 except as in the case hereinbefore excepted, shall give imme- 
 diate information thereof to the Clerk of the Peace of the Dis- 
 trict within which such Superintendent of Police, Field-Cornet, 
 or Constable, exercises his Office : in order that the said Clerk 
 of the Peace may institute or attend the preparatory Examina- 
 tion, or give such directions concerning the conduct thereof, as 
 to him shall seem necessary. ( J ) 
 
 28. When in the course of any Trial in any Inferior Court, 
 it shall appear that the Crime or Offence under Trial is, from 
 its nature or magnitude, only subject to the Jurisdiction or 
 more proper for the cognizance of a Superior Court, then the 
 Judge or Magistrate, before whom such Inferior Court is held, 
 shall stop the Trial, and commence anew the Examination of 
 the Person accused, and of the Witnesses, as in a preparatory 
 Examination, and the Examinations so taken shall be reported 
 in the manner hereinafter directed as to other Examinations. ('-') 
 
 29. Where there is any danger that delay may defeat the 
 ends of Justice, the Judge of Police in Cape Town, any Resi- 
 dent Magistrate, or any Justice of the Peace, may himself 
 commence taking the preparatory Examinations : hut he shall 
 without delay give information thereof, in Cape Town and the 
 District thereof to the Superintendent of Police or his Deputy, 
 and in any other District to the Clerk of the Peace of such 
 District. ( 3 ) 
 
 30. Every Officer conducting a preparatory Examination 
 shall cause to be examined by the Magistrate, before whom the 
 same is taken, every Person who can give any information on 
 the subject of the Crime or Offence under investigation. 
 
 31. All preparatory Examinations shall be taken upon Oath, 
 and every Witness, before giving his Evidence, shall make 
 Oath before the Magistrate, by whom he is to be examined, 
 
 (') Vide Ordinance No. 73, 5. 
 
 Vide Ordinance No. 73, 7 and 8. 
 Vide Ordinance No. 7S, | 5. 
 
 v ; 
 
 C-') 
 
 o
 
 415 
 
 that in the whole of his Deposition he will tell the Truth, the No. 40, 
 whole Truth, and nothing but the Truth ; and each Witness 1828, 
 shall be examined apart from the others. The Depositions 
 shall be taken down in writing in presence of the accused Party, 
 or if taken in his absence, shall be afterwards read over to him in 
 the presence of the Witnesses making the same, whom he shall 
 be entitled to cross-examine ; and such depositions shall be 
 signed by the Magistrate and by the Witnesses ; and in case of 
 their incapacity or refusal, then the same shall be signed by 
 two Persons in whose presence the same were taken. And if 
 any Person, having been thereto summoned, shall refuse or 
 neglect to attend, then the Magistrate shall issue a Warrant to 
 apprehend and bring him for Examination ; and if any Witness 
 shall obstinately refuse to give Evidence, he may be committed 
 to, and detained in Prison until he shall comply. Every 
 Magistrate before whom any preparatory Examination is taken, 
 may lawfully bind any Witness, by Recognizance, to appear to 
 give Evidence at the Trial, upon being 1 summoned thereto, and 
 upon his refusing, may commit, and detain in Prison, the Per- 
 son so refusing, until he shall comply. (*) 
 
 32. When any Person suspected of a Crime or Offence, is 
 apprehended by virtue of the Warrant hereinbefore described, 
 the Officer, who executes the Warrant shall, with all convenient 
 speed carry the Prisoner before the Magistrate named in the 
 Warrant; or if the Warrant is general, before the nearest 
 Magistrate within the District in which the apprehension takes 
 place. 
 
 33. When any Person, suspected of a Crime or Offence, is 
 brought before any Magistrate for Examination, such Magistrate, 
 before commencing the Examination of the Witnesses, shall 
 satisfy himself that the Prisoner is in his sound and sober sen- 
 ses. 
 
 34. After the Examination of the Witnesses in support of the 
 Charge, in presence of the Prisioner, or after the Examinations 
 have been read over to him, if taken in his absence, the Magis- 
 trate shall ask the said Prisoner, what he will say in answer to 
 the Charge against him ; and shall at the same time caution him, 
 that he is not obliged to make any Statement that may criminate 
 himself, and that what he shall say may be used in Evidence 
 against him. The Prisoner's Statement shall then be taken 
 down in writing, in so far as the same is relevant to the Charge, 
 and the same, after being read over to him, shall be subscribed 
 by him, if he will subscribe the* same, and also by the Magis- 
 trate and by one Person at the least who may be present 
 thereat. 
 
 35. When there shall appear to any Magistrate sufficient 
 
 (') Vide Ordinance No. 73, 20.
 
 416 
 
 No. 40. grounds for putting any Person, brought before him, on Trial 
 1828. for the Crime or Offence of which he is accused, the Magis- 
 trate shall grant a Warrant to commit him to the Gaol of the 
 District, there to be detained, till brought to Trial for the said 
 Crime or till liberated in due course of Law; which Warrant 
 shall clearly express the Crime or Offence, with which the 
 Prisoner is charged. 
 
 36. Where sufficient grounds do not appear for at once com- 
 mitting the Prisoner for Trial, or for discharging him, and 
 there shall appear to the Magistrate probability that further 
 Evidence may be produced, the Magistrate may grant a War- 
 rant for committing him for further Eaxmination. Such re-com- 
 mittal for further Examination may, if necessary, take place 
 oftener than once, upon sufficient cause appearing to the said 
 Magistrate, >which cause shall be expressed in the Warrant of 
 Re-commitment; and every Warrant of Commitment for Exa- 
 mination shall specify the time, when the Prisoner is again to be 
 brought before the Magistrate for Examination. 
 
 87. Until the Warrant for Commitment for Trial is made out, 
 no Prisoner, even although the Offence of which he is accused 
 is a bailable Offence, can insist on being admitted to Bail ; but 
 it is in the discretion of the Magistrate to admit a Prisoner ac- 
 cused of a bailable Offence to Bail, before the preparatory Ex- 
 aminations are concluded. 
 
 38. No Prisoner, under Commitment for Examination, shall 
 be allowed the access of his Friends or legal Advisers, but by 
 the authority of a Magistrate, and under such restrictions as to 
 him may appear request ; but after Commitment for Trial, the 
 Prisoner's Friends and legal Advisers shall have free access to 
 him, subject to the regulations of the Magistrate, to whom the 
 superintendence of the Prison and the safe custody of the Pri- 
 soners areentrused. 
 
 39. A Prisoner is not of right entitled to the assistance of a 
 legal Adviser, while he is under Examination. 
 
 40. It is the duty of the Officer who conducts the prepara- 
 tory Examination, to make any local inspections, which the 
 particular circumstances of the case may render necessary ; and 
 in cases of Homicide, and serious Injury to the Person of any 
 Individual, to cause the dead Body, or the Person injured, to 
 be examined by a regularly admitted Medical Man, if any such 
 can be procured, and if not, then by the best qualified Person 
 or Persons that can be obtained, who shall draw up and sub- 
 scribe a written Statement or the Appearances and Facts ob- 
 served on such Examination : Provided always, that in all cases 
 the like Duties, Inspections, and Examinations, shall and may 
 be in like manner performed and conducted by any Field-Comet, 
 each iu his own particular Field-Cornetcy.
 
 417 
 
 41. The Officer conducting the preparatory Examination, or No. 40. 
 the Field-Cornet, as the case may be, shall cause all Writings, 1828. 
 and other Articles, exhibited by the Witnesses in the course 
 thereof, and likely to be used in Evidence on the Prisoner's 
 
 Trial, to be inventoried and labelled, or otherwise marked in 
 the presence of the Person producing the same, so as they may 
 be capable of being indentilied at the Prisoner's Trial, and shall 
 cause the same to be kept in safe custody until the Trial, and 
 to be then produced. 
 
 42. The Chief Justice of the Colony, and Judges of the Su- 
 preme Court, or the Judge of Police in Cape Town, the Re- 
 sident Magistrates, and all Justices of the Peace, upon an in- 
 formation taken upon Oath being transmitted to them by the 
 Attorney-General, the Superintendent of Police in Cape Town, 
 or by any of the Clerks of the Peace, or upon the information 
 of any Person made on Oath before such Judge, or Magistrate, 
 that there is reason to suspect that stolen Goods are concealed 
 in any Place within the Jurisdiction of the Judge or Magistrate 
 to whom the information is transmitted, or before whom the 
 information is made, may, by Warrant under his hand, cause 
 every such Place to be searched during the day time. 
 
 43. Where a preparatory Examination has been taken by a 
 Magistrate, without the presence of the Clerk of the Peace of 
 the District ; or, if in Cape Town and the District thereof, with- 
 out the presence of the Superintendent of Police or his Deputy ; 
 such Magistrate shall forthwith deliver or transmit the Examina- 
 tion to the Clerk of the Peace of the District within which the 
 same were taken, or to the Superintendent of Police, if taken 
 within Cape Town or the District thereof, and the Superinten- 
 dent of Police and his Deputy, and every Clerk of the Peace 
 shall forthwith cause all preparatory Examinations, whether 
 taken by them, or received by them in manner above-mentioned, 
 to be transmitteed to the Clerk of the Peace for the Cape Dis- 
 trict, at his Office in Cape Town, in order to be by him com- 
 mitted to the consideration of the Attorney-General. 
 
 44. After considering the preparatory Examinations submitted 
 to him, the Attorney-General may either order that the Pri- 
 soner shall be forthwith liberated, or committed for Trial ; or 
 that further investigation shall take place ; or shall forthwith 
 take such measures, and give such directions for the Trial of 
 the Prisoner in such competent Court of the District or Place 
 within which the Offence was committed, as shall be most ex- 
 pedient for the ends of Justice, and the due execution of the 
 Laws. 
 
 On Bail. 
 
 45. In every case where a Person is committed for Trial, he 
 shall be entitled to demand a true Copy of the Warrant under
 
 418 
 
 No. 40. the hand of the Officer, Bearer thereof, or of the Keeper of the 
 
 1828. Gaol in which he is imprisoned, who shall be luible in the 
 
 penalty of a sum not exceeding Fifty Pounds Sterling, if he 
 
 refuse to give it within six hours after it is demanded by the 
 
 Prisoner or his Agent. 
 
 46 Every Prisoner committed for Trial in respect of Crimes 
 not capital, is entitled, as soon as the Warrant of Commitment 
 for Trial is made out, to be admitted to Bail. 
 
 47. For this purpose it shall be competent for the Prisoner, 
 at the time of the Commitment, to apply verbally to the Magis- 
 trate, or Judsje granting the Warrant of Commitment, to be 
 immediately, liberated on Bail. 
 
 48. At any period, subsequent to the time of Commitment' 
 it shall be competent for the Prisoner to apply, by writing, 
 to the Magistrate, or Judge, who granted the Warrant of Com- 
 mitment, or to the Resident Magistrate within whose District 
 he is imprisoned, or to the Supreme Court, or to any of the 
 Judges thereof, to be admitted to Bail. But when the Commit- 
 ment is on a Warrant issued by the Supreme Court, or any of 
 the Judges thereof, it shall only be competent to apply for Bail 
 to the said Supreme Court, or one of the Judges thereof. Every 
 such written Application for Bail, shall be in form of a Peti- 
 tion, and shall be accompanied by a Copy of the Warrant of 
 Commitment, or Affidavit that a Copy is denied. 
 
 49. Every Magistrate to whom an application for Bail is 
 made, shall, within twenty-four hours after such application, 
 determine whether the Crime is bailable, and if so, modify the 
 amount of the Bail to be given, and failing to do so, shall be 
 liable in the penalty of a sum not exceeding One Hundred Pounds 
 Sterling. 
 
 50. In determining whether the Crime for which the Prisoner 
 lias been committed is bailable or not, the Magistrate shall, in 
 the ordinary case, take the Charge against the Prisoner as he 
 finds it on the face of the Warrant of Commitment. 
 
 51. The Supreme Court has power to bail, in all cases what- 
 ever whether capital or not, where innocence may be fairly 
 presumed, and in every case where the Charge is not alleged 
 with sufficient certainty. 
 
 .52. In case where a doubt may arise concerning the degree 
 and quality of the Crime, from the uncertain issue of the Deed 
 which has been done as in the case of a Wound, of which it 
 cannot he foretold whether the Sufferer shall die or recover, 
 every Judge or Magistrate, to whom application for Bail is 
 made, mav refuse to grant the same until all hazard of the Life 
 of the Sufferer be at an end. 
 
 53. The amount of the Bail to be taken in each case shall 
 be at the discretion of the Judge, or Magistrate, to whom the
 
 419 
 
 application to be admitted to Bail shall be made ; provided that No. 40. 
 no Person shall be required to give excessive Bail. 1828. 
 
 54. In every case in which a Prisoner considers himself ag- 
 grieved by the Proceedings of the Judge of any Inferior Court, 
 or any Magistrate, in having illegally committed him to Prison, 
 or refused to admit him to Bail, or in having required excessive 
 Bail, it shall be competent to such Prisoner to apply to the 
 Supreme Court, or to the Circuit Court of the District within 
 which he is imprisoned : or in case neither of these Courts shall 
 be then sitting, to the Chief Justice, or any of the Judges of 
 the Supreme Court, who shall make such Order thereon as to 
 them, in the circumstances of the case, shall seem just. 
 
 55. The Recognizance shall be taken by the Magistrate, 
 either from the Prisoner alone, or from the Prisoner and one or 
 more Sureties, at the discretion of the Magistrate, according to 
 the nature and circumstances of the case ; and the condition of 
 such recognizance shall be, that the Prisoner shall appear and 
 answer to any Indictment that shall be presented against him, in 
 any competent Court, for the Crime or Offence wherewith he is 
 charged, at any time within the space of six Months from the 
 date thereof ; and that he will accept Service of any such In- 
 dictment, and Summons thereon, at some certain place by 
 him elected and therein expressed. 
 
 56. The Keepers of all the Gaols within the District of Cape 
 Town, shall, under a penalty of Five Pounds Sterling, at each 
 Session of the Supreme Court holden for the Trial of Criminal 
 Cases, deliver to the Court a List of all the Persons confined 
 within their respective Gaols, which List shall specify the Date 
 of Commitment of each Prisoner, and the cause of his Impri- 
 sonment, and the name of the committing Magistrate. 
 
 57. The Keepers of all the Gaols within the District of each 
 Circuit Court shall, under a penalty of Five Pounds Sterling, 
 at each Session of each Circuit Court, deliver to the Court a 
 List of all the Persons confined within their respective Gaols ; 
 which List shall specify the Date of Commitment of each Pri- 
 soner, and the Cause of his Imprisonment, and the Name of 
 the committing Magistrate 
 
 58. In every Session of the Supreme Court, holden for the 
 Trial of Criminals, every Prisoner who has been committed for 
 Trial within Cape Town and the Cape District, shall be brought 
 to Trial before the said Court provided that twenty one days 
 have elapsed between his Commitment for Trial and such Session, 
 or else shall then be admitted to Bail ; unless it shall be made 
 to appear to the satisfaction of the Court, that in consequence 
 of the absence of material Evidence, or some other sufficient 
 cause, the Trial cannot then be proceeded in without defeating 
 the ends of Justice ; or unless a Warrant shall have been ob-
 
 420 
 
 No. 40. tained from the said Court for the transmission of the Prisoner 
 1828. to the Gaol of some Circuit District, in order for Trial before 
 the Circuit Court, or any Inferior Court within the same. 
 And if such Prisoner is not brought to Trial at the second Ses- 
 sion of the Supreme Court holden after the date of his Commit- 
 ment for the Trial of Criminals, and has not previously been 
 tried before any Inferior Court, or before the Circuit Court, in 
 order to his Trial before which a Warrant for his transmission to 
 the Gaol of the District of such Circuit Court has been obtained, 
 provided such Circuit Court, to which he has been transmitted 
 for Trial, shall in the mean time have been holden, he shall 
 be discharged from his Imprisonment for that Offence for which 
 he had been committed for Trial. 
 
 59. Every Prisoner committed for Trial within any of the 
 Districts of any Circuit Court, shall be brought to Trial at the 
 first Session of the Circuit Court of that District, holden after 
 the date of the Commitment provided thirty-one days have 
 elapsed between the date of the Commitment and the time of 
 holding such Court, or else shall be admitted to Bail ; unless it 
 shall be made to appear to the satisfaction of the Court, that in 
 consequence of the absence of a material Evidence, or of some 
 other sufficient cause, the Trial cannot then be proceeded in 
 without defeating the ends of .Justice : or unless before the close 
 of such first Session of such Circuit Court, a Warrant shall 
 have been obtained from some competent Court for his re-com- 
 mittal to Gaol, in order to his Trial elsewhere. And if such 
 Prisoner is not brought to Trial at the seeond Session of the 
 Circuit Court of the District which shall be holden after the date 
 of the Commitment, and has not previously been tried before 
 any other competent Court, to which he shall have been trans- 
 mitted as aforesaid, he shall be discharged from his Imprison- 
 ment for that Offence for which he has been committed for 
 Trial. 
 
 60. Any Prisoner, by his own consent, and with the consent 
 of the Public Prosecutor, may be brought to Trial either before 
 the Supreme or Circuit Courts at any time after his Commit- 
 ment ; notwithstanding that the periods of twenty-one days and 
 of thirty-one days respectively, shall not have expired. (') 
 
 61. When a Warrant has been obtained from any competent 
 Court for the transmission of any Prisoner for Trial before any 
 other competent Court, such Prisoner shall forthwith be trans- 
 mitted to the Gaol of the District of such last-mentioned Court, 
 and shall be tried at the next Session of the said Court holden 
 for the Trial of Criminal Cases, or otherwise shall be dis- 
 charged from his Imprisonment for that Offence for which he 
 was transmitted for Trial : Provided that such Session shall 
 
 (') Repealed by Ordinance No. 73, 23.
 
 421 
 
 not be holden within twenty-one days after the transmission of No. 40. 
 such Prisoner to the Gaol aforesaid. 1828. 
 
 62. No Person, who has heen once discharged from Gaol, in 
 consequence of not being brought to Trial within the period 
 hereinbefore prescribed, shall be subject to be re-committed to 
 Gaol, either for Examination or for Trial, for the same Offence. 
 
 63. No Person who has been admitted to Bail, and who has 
 not been duly brought to Trial, shall be obliged to find further 
 Bail, or shall be subject to be committed to Gaol, either for 
 Examination or Trial, for the same Offence in respect of which 
 he was formerly admitted to Bail. 
 
 64 Neither any such discharge from Imprisonment, nor the 
 expiration of the Recognizance, shall be any bar to any Person 
 being brought to Trial in any competent Court for any Offence 
 for which he was formerly committed to Gaol, or admitted to 
 Bail. 
 
 65. The Supreme Court and Circuit Courts shall, at the 
 close of each of their said Sessions, discharge all such Prisoners, 
 as by Law shall then be entitled to Liberation. 
 
 66. All the Penalties hereinbefore provided, shall be re- 
 coverable before the Supreme Court or Circuit Court within the 
 District of which such Penalties shall be incurred, at the in- 
 stance either of the Public Prosecutor or of the Party aggrieved, 
 without prejudice to the right of the Prisoner to insist also for 
 Damages against, the Person, incurring such Penalties, in a 
 Civil Action before any competent Court. 
 
 Form of Process in the Supreme Court and Circuit Courts. 
 
 67- The Form and Manner of Proceeding in the Trial of 
 Crimes to be observed in the Supreme Court and Circuit Courts 
 respectively, shall, in pursuance of His Majesty's Charter, be 
 according to the Rules, Orders, and Regulations framed, con- 
 stituted, and established by the said Supreme Court. 
 
 God .save the King I 
 Given at the Cape of Good Hope, 25th January 1828. 
 
 By Command of His Honor the Lieutenant-Governor, 
 (Signed) John Bell, Acting Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) D. M. Perceval, Clerk of the Council.
 
 422 
 
 No. 41. Signed, Rich. Bourke. 
 
 Ordinance for determining the Qualification of Per- 
 sons liable to serve on Grand and Petit Juries, and 
 the Mode of making out and returning Lists of the 
 same. ( 1 ) 
 
 WHEREAS by His Most Gracious Majesty's Charter, bear- 
 ing date the 24th day of August 1827, it is ordained 
 directed and appointed, that in any Criminal Cause 
 depending before the Supreme Court of this Colony, the 
 Trial of the Party, or Parties, accused, shall be before one 
 or more of the Judges of the said Court, and a Jury of Nine 
 Men, who shall concur in every Verdict to be given on the 
 Trial of any such accused Party, or Parties : And whereas 
 by the said Charter, it is also directed and appointed, that 
 all Crimes and Offences cognizable in the Circuit Courts 
 of this Colony, shall be inquired of, heard, and determined, 
 by the Circuit Judge, and a Jury of Nine Men ; unless upoa 
 the Trial of any Crime or Offence before any of the said 
 Circuit Courts, Nine good and lawful Men, being duly 
 summoned, shall not appear, to form a Jury, then, and in 
 all such cases, such Trial shall be had before the Judge 
 and any number of the Jury who shall appear, not being 
 less than Six, who shall be sworn, and shall have the same 
 power as if the usual number of Nine had appeared : Now, 
 therefore, in pursuance of the Powers and Directions afore- 
 said in the said Charter contained, Be it enacted, by His 
 Honor the Lieutenant-Governor in Council, That from and 
 after the passing of this Ordinance, every Man, except as 
 hereinafter excepted, between the Ages of Twenty-one 
 Years and Sixty Years, residing within the Colony and its 
 Dependencies, who shall have the possession of any Land 
 situated within this Colony, held on Perpetual Quitrent, 
 or on Loan, and for which he is liable to pay an annual 
 Rent of not less than One Pound Seventeen Shillings and 
 Sixpence, Sterling ; or of Freehold Land of the same annual 
 value ; or who shall be liable to pay in Cape Town and the 
 District thereof, a sum not less than Twenty Shillings 
 Sterling, and in an^ and every other part of the Colony, 
 a sum not less than Fifteen Shillings Sterling, for or on 
 account of Taxes already imposed, or hereafter to be 
 imposed by any Law or Ordinance, shall be qualified, 
 
 (') Allowed by the Home Government, but repealed by Ordinance 
 No. 84, infra.
 
 423 
 
 and shall be liable, to serve on Juries, in all Criminal Cases, No. 41. 
 in the Supreme and Circuit Courts ; such Cases being 1828. 
 triable in the Districts respectively in which every Man so 
 qualified" shall reside. 
 
 2. Provided always, and be it farther enacted, That all Judges 
 of the Supreme Court all Clergymen in Holy Orders all Priests 
 of the Roman Catholic Faith all Persons licensed to teach or 
 preach in any Congregation assembled for Religious Worship 
 all Advocates actually practising all Attorneys and Proctors 
 duly admitted by the Supreme Court, or Court of Vice- 
 Admiralty,and actually practising all Officers of any Courts 
 of Superior or Inferior Jurisdiction, exercising the Duties of their 
 respective Offices all Jailors and Keepers of Houses of Correc- 
 tion all Persons duly admitted to practise as Physicians, 
 Surgeons, or Apothecaries, and actually practising all Officers 
 in His Majesty's Army or Navy, on full Pay, or in active 
 Employment all Persons employed in the Civil Service of His 
 Majesty's Government in this Colony and all Field-Cornets, 
 SherftV Officers, Constables, and Church Clerks shall be, and 
 are hereby absolutely freed and exempted from being returned, 
 and from serving upon any Jury whatsoever ; aud shall not be 
 inserted in the Lists to be prepared by virtue of this Ordinance, 
 as hereinafter mentioned : Provided Further, that no Man who 
 has been, or shall be attainted of any Treason or Felony, or 
 convicted of any Crime that is infamous, unless he shall have 
 obtained a free Pardon ; nor any Man who is under Outlawry or 
 Excommunication, shall be qualified to serve on Juries, on any 
 account, or on any ocasion, whatsoever. 
 
 3. And be it further enacted, That immediately upon the 
 promulgation of this Ordinance, and on or before the first day of 
 February in every subsequent year, the Collector of Taxes in 
 Cape Town, and the Civil Commissioner in each District of the 
 Colony, shall prepare and make out a true List of every Man 
 residing within his Distrriet, who shall be qualified, and liable to 
 serve on Juries as aforesaid, with the Christian and Surname 
 written at full length, with the true Place of Abode, the Title, 
 Quality, Calling, or Business, and the nature of the qualification 
 of every such Man, in the proper columns of the form of the Jury 
 List set forth in the Schedule 'hereunto annexed. 
 
 4. And be it further enacted, That the Collector of Taxes 
 in Cape Town, and each Civil Commissioner, shall, on the first 
 day of March next, or as soon after as conveniently may be, and 
 on the first day of February in every subsequent year, cause a 
 true Copy of such List to be affixed on the principal Door of every 
 Church, Chapel, or other Place of Public Worship, and of every 
 Court House within his respective District ; having subjoined, 
 thereto, a Notice, stating that all objections to the List will be
 
 424 
 
 No. 41. heard by the Judge of Police in Cape Town, or the Resident 
 1828. Magistrate of the District, in the present year within twenty- 
 one days after such List shall have been so affixed ; and in every 
 subsequent year upon the 21st day of the said month of Febru- 
 ary, at the place where such Magistrate usually holds his Court : 
 and the said Collector of Taxes, or Civil Commissioner, shall 
 sign his name at the foot of such Copy, and shall likewise keep 
 the original Last, or a true Copy thereof, to be perused by any 
 of the Inhabitants of his District, at all reasonable times, with- 
 out any Fee or Reward ; to the end, that Notice may be given 
 of Men qualified who are omitted, or of Men inserted who 
 ought to be omitted out of such List : and the said Collector 
 of Taxes, or Civil Commissioner, shall further transmit to each 
 Field-Cornet, or Wardmaster, within his District, a similar 
 List of every Man residing within the Field-Cornetcy, or Ward, 
 of such Field-Cornet or Wardmaster respectively, who shall cause 
 the same to be duly affixed and published therein also. 
 
 5. And be it further enacted, That upon the 2 1st day after 
 the publication of the List in the present year, as hereinbefore 
 provided, and upon the said 21st day of February in every 
 subsequent year, the Judge of Police in Cape Town, and the 
 Resident Magistrate in each District, shall hold a Court for 
 the purposes of this Ordinance ; and the Collector of Taxes, 
 and Civil Commissioners of each District respectively, shall 
 transmit to the Judge of Police, or the Resident Magistrates 
 at the said Court, the said List ; and, if any Man not qualified, 
 and liable to serve on Juries as aforesaid, be inserted in such 
 List, it shall be lawful for the said Judge of Police, or Resident 
 Magistrate, upon satisfaction by Oath of the Party complaining 
 or other Proof, upon Oath that he is not qualified or liable 
 to serve on Juries, to strike his name out of the said List, and 
 also to strike thereout the names of Men disabled by Imbecility 
 of Mind, or by Deafness, Blindness, or other permanent In- 
 firmity of Body, from serving on Juries. And it shall also be 
 lawful for the said Judge of Police, or Resident Magistrate, to 
 insert in the said List, the name of any Man improperly omitted 
 therein, and likewise to reform any errors or omissions which 
 shall be proved to him to have been committed in preparing the 
 said List. 
 
 6. And be it further enacted, That after the said List has 
 been transmitted, considered, and reformed, as aforesaid, the 
 said Civil Commissioners, and Collector of Taxes, shall forth- 
 with transmit the same to the Sheriff of the Colony at Cape 
 Town ; and the said Sheriff shall cause the same to be fairly 
 and truly copied in a Book, to be called " The Jurors' Book, 
 of the District of " (inserting the District) ; and the said 
 List shall be used for one year, and until the return of new 
 Lists for the subsequent year shall be made to the said Sheriff,
 
 425 
 
 in manner herein-before provided: Provided always, that it No. 41. 
 shall and may be lawful for the Sheriff, and he is hereby re- 1828. 
 quired, to comprise the Lists of Cape Town and the District 
 thereof, and of the Cape District, in one and the same List, to 
 be entered in one and the same Book, to be called " The Ju- 
 rors' Book of the Cape District." 
 
 7. And be it further enacted, That no Person shall be put on 
 Trial, on any Indictment, at any Criminal Session of the Su- 
 preme Court, unless the Bill of such Indictment shall first have 
 fceen presented to a Grand Jury, and shall have been returned 
 by them, a True Bill, 
 
 8. And be it further enacted, That every such Grand Jury 
 shall consist of not more than Seventeen Men, and not less than 
 Nine Men, between the age of Twenty-one and Sixty years ; of 
 good fame and condition ; possessing Property in Land or 
 Houses within Cape Town or the District thereof, or the Cape 
 District, of the value of Two Thousand Pounds Sterling. 
 
 9. And be it further enacted, That the Collector of Taxes 
 in Cape Town and the District thereof, and the Civil Commis- 
 sioner of the Cape District, or such other Officer as shall by 
 Law be required to make up and return annually to the Sheriff 
 of the Colony, Lists of the Names of such Persons within the 
 places aforesaid, as are or shall be, by Law, qualified and lia- 
 ble to serve on Petty Juries, shall mark the words " Grand 
 Juror/' against the Names of snch 1'ersons in the said Lists 
 as are, by this Ordinance, or shall be hereafter, declared to be 
 qualified and liable to serve as Grand Jurors. 
 
 10. Arid it further enacted, That if any Man having been 
 duly summoned by the said Sheriff or his Deputies, to attend 
 before the Supreme Court, or any Circuit Court, to serve as a 
 Juror, shall not attend pursuant to such Summons, or being 
 thrice called shall not answer to his name, or after his appear- 
 ance shall wilfully withdraw himself from the said Court, then, 
 and in every such case, it shall and may be lawful for the said 
 Court, to set such Fine upon every such Man so making Default, 
 (unless some reasonable Excuse shall be proved by Oath or 
 Affidavit,) as the Court shall think meet, not exceeding the 
 sum of Ten Pounds Sterling. 
 
 11. And be it furthev enacted, That for the purpose, and 
 under the provisions of this Ordinance, the Residency and Dis- 
 trict of Simon's Town shall be deemed and taken to be within 
 the Cape 'District, and the Township of Port Elizabeth shall 
 be deemed and taken to be within the District of Uiteuhage. 
 
 12. And be it further enacted, That, if any of the Days 
 mentioned in this Ordinance shall happen to be a Sunday, or 
 Holiday, then, any thing herein required to be done on auy 
 -such Day, shall be done on the first lawful Day following.
 
 1828. 
 
 426 
 Form of Jury List Schedule (A). 
 
 Christian and Surname 
 at full length. 
 
 Place of 
 Abode. 
 
 Title, Quality, Calling, 
 or Business. 
 
 Nature of 
 qualification 
 
 
 
 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 4th February 1828. 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) John Bell, Acting Sec. to Govt. 
 
 By Order of the Council 
 (Signed) T. Miller, Acting Clerk of the Council. 
 
 No. 42. Signed, Rich. Bourke. 
 
 Ordinance for regulating the Establishment of the Or- 
 phan Chamber, and for the better Administration of 
 JEstates held in Trust by the Members thereof. ( J ) 
 WHEREAS the Establishment of the Orphan Chamber in 
 this Colony has become an Institution of great Public 
 interest and utility and should be therefore placed under 
 permanent and more determinate Regulations than here- 
 tofore have been found necessary for administering Estates 
 entrusted thereto : Be it therefore enacted, by His Honor 
 the Lieutenant-Governor in Council, that from and after 
 the passing of this Ordinance, the Members constituting 
 the said Orphan Chamber, shall consist of a President 
 and four Masters, who shall be appointed by the Gover- 
 nor, or Lietitenarit-Governor, for the time being ; and two 
 of which said Masters shall act gratuitously, and be 
 selected from the Civil Servants of the Government. 
 And it shall and may be lawful for the said Governor, or 
 Lieutenant-Governor, to appoint a Secretary, Book- 
 
 (') Allowed by the Home Government, see Order in Council, 24th 
 NOT. 1828, infra But virtually repealed by the Charter of the 4th May 
 1832, and expressly repealed by the Ordinance No. 104, see infra.
 
 427 
 
 keeper, and such number of Clerks as may be required, No. 42. 
 who shall be under the superintendance, and act accor- 1828. 
 ding to the directions, of the said Members : and the said 
 President, and stipendiary Masters, Secretary, and other 
 Persons employed in the said Orphan Chamber, shall be 
 paid such Salaries respectively as His Majesty shall be 
 pleased to appoint. 
 
 2. And be it further enacted, That every Person appointe4 
 as aforesaid, 1o act as President, Master, or Secretary, of the 
 said Orphan Chamber, shall, before he enters upon the Duties 
 of his Office, take the Oath of Allegiance and the following 
 Oath of Office before the Governor or Lieutenant Governor ; 
 that is to say 
 
 I, A. B. do swear, that I will, to the best of my knowledge and 
 ability, faithfully execute and perform the Duties of President 
 (Master or Secretary, as the case may be) of the Orphan Chamber. 
 Iso help me God ! 
 
 And the Secretary for the time being shall enter in the Records 
 of the said Chamber, that the said Oath was duly administered 
 and taken. 
 
 3. And be it further enacted, That the President and Masters 
 of the said Orphan Chamber who receive Salaries, shall meet in 
 the said Orphan Chamber, for the performance of the Duties of 
 their Office, on One Day of the Week at least, and oftener if 
 there shall be occasion : at which Meetings the two Honorary 
 Masters shall also attend, unless prevented by urgent Public 
 Duties ; and the Authority of the said Honorary Masters shall be 
 in every respect equal to that of the said stipendiary Masters. 
 
 4. And be it further enacted, That it shall and may be law- 
 ful for the President and Masters of the said Orphan Chamber, 
 and they are hereby required, to appoint such Persons as to 
 them shall seem fit, to act as Appraisers for the Valuation of 
 Estates to be administered by the said Orphan Chamber, and to 
 allow to the said Appraisers a moderate and reasonable compen- 
 sation for such services as they may be required to perform, to 
 be borne and paid by the respective Estates which may be 
 valued by them respectively : Provided always, that no Person 
 shall act as such Appraiser, in any case where he has an interest 
 in the Estate to be valued or appraised. 
 
 5. And be it further enacted, That every Person so appointed 
 as aforesaid to act as Appraiser, upon every Valuation of any 
 such Estate as aforesaid, shall take an Oath before any Magis- 
 trate, (who is hereby empowered and required to administer the 
 same, anil to certify that such Oath was duly taken), that such 
 Valuation is the just, proper, and true Valuation thereof, to 
 the best of his skill and knowledge ; and shall forthwith return 
 the said Valuation, with the said Oath so certified as aforesaid 
 annexed thereto, to the said Orphan Chamber ; and the Secretary
 
 428 
 
 No. 42. for the time being shall enter the same in the Records of the 
 1828. said Chamber. 
 
 6. And be it further enacted, That all Sales of Property in 
 this Colony, made by order of the said Orphan Chamber, shall 
 be conducted by a Licensed Auctioneer, to be appointed by the 
 said Members ; and the said Secretary shall keep a Register of 
 every such Sale, and of the day on which the Proceeds thereof 
 respectively become payable, ( : ) 
 
 7. And be it further enacted, That the amount of the Pro- 
 ceeds of all such Sales, immediately upon the receipt thereof, 
 shall be paid into the Discouut Bank, and shall be carried to the 
 Account of the Orphan Chamber ; and that no part of the 
 amount of such Proceeds as aforesaid shall be withdrawn from 
 the said Bank, otherwise than upon Checques signed by two 
 at least of the Masters of the said Orphan Chamber. 
 
 8. And be it further enacted, That it shall and may be law- 
 ful for the Members of the said Orphan Chamber, to leave in 
 the hands of the said Secretary, a floating Balance, not exceed- 
 ing Two Hundred Pounds Sterling; provided always, that the 
 Accounts of the Disbursements of such Balance be audited and 
 allowed by the Members of the said Orphan Chamber at their 
 Weekly Meetings. 
 
 9. And be it further enacted, That at every such Meeting as 
 aforesaid, the said Secretary shall render to the said Members a 
 full and true account of all Suras received, and Payments made, 
 by him, since the last previous Meeting of the said Orphan 
 Chamber. And the said Members are hereby required careful- 
 ly to compare each and every item in the said Accounts with 
 their respective Vouchers, and shall, if they find the same cor- 
 rect, subscribe their Names at the foot of such Account, to 
 verify the correctness and accuracy thereof. 
 
 10. And be it further enacted, That the Members of the said 
 Orphan Chamber shall, on the first day of June, and on the 
 first day of December, in each year, or on the first Court Day 
 next after such days respectively, if no Court shall beholden 
 on such days respectively, deliver to the Judges of the Supreme 
 Court, at a Public Session of that Tribunal, an account in 
 writing of all Proceedings done by them during the six months 
 last preceding ; which account shall contain a statement of the 
 Names of all deceased Persons, whose Estates have, during the 
 time aforesaid, been under the Administration of the said Or- 
 phan Chamber, together with an estimated Amount and Value 
 of such Estates respectively during the time aforesaid and the 
 Amount remaining in the custody of the said Orphan Chamber 
 on account of such Estates respectively and an Account of all 
 Mortgages, or other Securities, for Money accepted by the 
 
 (') Vide Ordinance No. 52, infra.
 
 429 
 
 said Orphan Chamber during the time aforesaid and the gross No. 42. 
 Amount of the Expenditure of the said Orphan Chamber during 1828. 
 the time aforesaid and the gross amount of the Funds remain- 
 ing at the disposal of the said Orphan Chamber at the time of 
 exhibiting such Account. And the said Members shall annex, or 
 cause to be annexed to the said Accounts and Statements, all 
 such general Statements and Remarks as may be necessary to 
 elucidate, or required by the Court to elucidate, the progress of 
 the Orphan Chamber in the Administration of the Funds under 
 its charge ; and which said Accounts and Statements shall be 
 delivered to the Registrar of the said Supreme Court, to be by 
 him filed as of Record in his Office, and a true Copy thereof 
 shall be transmitted by the said Members to the Secretary to 
 Government, for the information of the Governor in Council. 
 
 11. And be it further enacted, That the said Secretary shall, 
 at the same time, deliver to the Judges of the said Supreme 
 Court, a separate Account of all Charges made by the said 
 Orphan Chamber, against any Person or Persons during the 
 time aforesaid, for Poundage or Fees of Office ; and which said 
 Account shall be referred to the Master of the said Supreme 
 Court for Taxation ; and the said Secretary shall not have or be 
 paid his half-yearly Salary, unless he produce from the Master 
 of the said Supreme Court, a Certificate that such Charges 
 have been taxed and allowed : Provided always, that the said 
 Secretary may appeal to the Supreme Court, if he shall not be 
 satisfied with such taxation. 
 
 12. And be it further enacted, That the said stipendiary 
 Masters of the said Orphan Chamber, and the said Secretary, 
 shall not be allowed to credit themselves in their accounts with 
 the half-yearly Salaries due to each respectively, unless upon 
 production of a Certificate signed by one of the Judges of the 
 said Supreme Court, that the Account for the half-year last 
 preceding, has been duly delivered to the said Supreme Court. 
 
 13. And be it further enacted, That the President and the 
 stipendiary Masters of the said Orphan Chamber, shall be liable 
 to any Legal Process at the suit of any Person or Persons to 
 the same extent, and in the same manner, as Executors now 
 are, or hereafter may be liable. 
 
 14 And whereas it is inexpedient, that Property belonging 
 to Persons who die in Vessels touching at this Colony, should 
 be administered in all cases as heretofore by the said Orphan 
 Chamber : Be it therefore enacted, That from and after the pass- 
 ing of this Ordinance, the said Chamber shall not assume the Ad- 
 ministration of any Property belonging to any Person or Persons 
 who may die in any Vessel touching at any Place in this Colony 
 and which Property shall be actually on board of such Vessel, 
 unless there shall be Property belonging to the Deceased in this 
 Colony at the time of his Death, or unless the Master of, or
 
 430 
 
 No. 42. any Passenger or Seaman in, the Ship in which any Person 
 1828. may die, or some or any of the near Kindred of the Deceased, 
 shall make request to the Members of the said Orphan Chamber 
 to assume the Administration of the Property of such deceased 
 Person ; and the said Members shall not accede to any such 
 request, unless it be made out to their satisfaction, that by their 
 assuming the Administration of such Property, some loss or 
 injury to the said Property may be prevented. 
 
 15. And whereas in cases where Estates are under the Admi- 
 nistration of the Orphan Chamber, have been the Property of 
 Persons resident abroad, great inconvenience has arisen to the 
 Parties interested therein, from not having certain knowledge 
 of the state of their Property and their interest therein : Be it 
 therefore enacted, That on the first day of April next, and on 
 the first day of each succeeding Quarter in every Year, the 
 Secretary of the said Orphan Chamber shall draw up an exact 
 Account of the Amount of all Estates which belong wholly, 
 or in part, to Persons not residing within the Colony, with a 
 Statement of the Names of the Persons who are supposed to 
 be interested therein, and shall forthwith deliver two Copies 
 thereof to the Colonial Secretary, who shall cause the same to 
 be transmitted for publication in the London Gazette, and other 
 Newspaper, or Newspapers, of that Country to which the De- 
 ceased belonged, or his Family respectively may be supposed 
 to belong ; and in the said Advertisements, all Parties in- 
 terested shall be invited and required to transmit their Claims 
 to the Orphan Chamber for Examination ; and the Expenses 
 of Such Advertisements shall be borne proportionably by the 
 Estates to which they relate. 
 
 16. And be it further enacted, That from and after the first 
 day of April next, the Members of the said Orphan Chamber, 
 in keeping their Accounts with their Wards respectively, shall 
 debit themselves with Interest at the rate of Six per Cent per 
 annum, upon the amount of the respective income of every 
 such Ward, which shall exceed the sum necessary for their 
 maintenance respectively provided such Excess be not less 
 than the sum of Five Pounds Sterling : and for that purpose, 
 it shall and may be lawful for the said Members to lay out at 
 Interest, upou sufficient real Security, all and every Sum or 
 Stuns of Money, being such surplus Income as aforesaid. 
 
 17. And be it further enacted, That the Members of the 
 Orphan Chamber for the time being, shall immediately, upon 
 taking any House or Building as a Security for the Property 
 of any Ward or Wards, effect such Policies of Insurancies there- 
 on, and renew the same as to them shall seem meet. 
 
 18. And be it further enacted, That it shall and may be law- 
 ful for the Members of the said Orphan Chamber, to charge the
 
 431 
 
 Estate administered by them respectively, with the Fees and No. 42. 
 Charges, in the following Table set forth, that is to say 1828. 
 
 For attending at the Sealing, making Inventories, Appraise- 
 ments, and Sales of Estates, and for all extra Duties relating 
 to the management of Estates : 
 
 To the Commissioned Members and the Secretary, each 3s 
 per diem. 
 
 To the Clerk and Messenger, each Is. 6d. per diem. 
 
 For attending at the Transfer of real Property, and the Ex- 
 amination of Accounts of Liquidation of Estates; 
 
 To Commissioned Members, Is. 6d. each. 
 
 On the Amount of all Inheritances and Legacies paid in ready 
 Money into the Orphan Chamber, in order to be administered 
 there, secured as the Property of the Board, 2J per Cent. 
 
 On the Amounts of Interest collected on the Monies admi- 
 nistered for Orphans and others, One half per Cent. 
 
 On the Amount of Cash, and outstanding Claims of Estates, 
 collected by the Board, One quarter per Cent. 
 
 On the nett Proceeds of all Estates administered in the Orphan 
 Chamber, after deduction of all Debts and Charges, 3^per Cent. 
 
 For framing Inventories for the first and last Sheets, 3s. 
 each Is. 6d. for each of the others. 
 
 For framing Advertisements of Sales, Summonses of Cre- 
 ditors and others in each instance, Is. 6d. 
 
 For framing Receipts of Inheritances, or of Interest for each 
 instance, 9d. 
 
 For framing Reports or Memorials for each Sheet, 3s. 6d. 
 
 For framing Accounts of the Liquidation of Estates, accord- 
 ing to their extent and intricacy from 4s. to 2 5s. each, 
 as per following Scale of Accounts : 
 
 . s. . . s. 
 
 On all Accounis of 
 
 37 
 
 10 
 
 100 
 
 
 
 200 
 
 
 
 300 
 
 
 
 400 
 
 
 
 500 
 
 
 
 600 
 
 
 
 700 
 
 
 
 800 
 
 
 
 900 
 
 
 
 1,000 
 
 
 
 2,000 
 
 
 
 3,000 
 
 
 
 4,000 
 
 
 
 5,000 
 
 
 
 6,000 
 
 
 
 7,000 
 
 
 
 8,000 
 
 
 
 9,000 
 
 
 
 10,000 
 
 
 
 10 and not exceeding 100 a Fee of 
 
 200 
 
 300 
 
 400 
 
 500 
 
 600 
 
 700 
 
 800 
 
 900 
 
 1,000 
 
 2,000 
 
 3,000 
 
 4,000 
 
 5,000 
 
 6,000 . 
 
 . 7,000 
 
 8,000 
 
 9,000 
 
 10,000 
 
 and upwards, . 
 
 10 
 11 
 12 
 13 
 16 
 
 19 
 
 1 2 
 5 
 8 
 
 11 
 
 14 
 
 17 
 
 
 
 5
 
 432 
 
 No. 42. For the Registry of Wills and Inventories for each, 2s. 3d. 
 1828. For the Registry of the Names of Deceased in the Death 
 Register, excepting those, who, owing to their Poverty, were 
 buried at the Expense of Church for each individual, 2^d. 
 
 For Copies of every description for the first and last Sheets, 
 Is. 6d. each and for the others, 9d. each. 
 
 For taking the Opinion of the Members on any Subject (by 
 omvrage), in order to obtain a Decree at a time that no Meeting 
 of the Board is holden for every instance, 4s. 6d. 
 
 Provided always, that in all cases where any Estate adminis- 
 tered by the said Orphan Chamber shall not amount in the 
 whole to the sum of Thirty-seven Pounds Ten Shillings Sterling, 
 no Charge shall be made for the Administration thereof, save 
 Two and a half per Cent, for Poundage Duty, and Auctioneers' 
 Charges payable thereon. And Provided always, and be it 
 further enacted, That it shall and may be lawful for the Gover- 
 nor in Council for the time being, to vary and alter the Amount 
 of the said Fees and Charges from time to time, so that the 
 same as nearly as may be, shall meet the necessary Expenditure 
 of the said Chamber. 
 
 19. And be it further enacted, That in all cases of Estates 
 under the value last mentioned and in all cases where any Heir 
 appears and receives the Portion of any absent Co-heir, the pro- 
 ceeding by Edict shall not be used. 
 
 20. And be it further enacted, That it shall and may be law- 
 ful for any Person, on any day between the hours of Ten in the 
 Forenoon, and of Two in the Afternoon, (Sundays and Holi- 
 days excepted), to apply at the said Orphan Chamber, and de- 
 mand to see any Will or Wills deposited there, or to demand 
 any Copies or Extracts thereof : and for every such inspection 
 there shall be paid, for the benefit of the said Orphan Chamber, 
 a sum of One Shilling Sterling; and for every Copy or Extract, 
 per folio of ninety-two words, the sum of Fourpence : Provided 
 always, that the Guardian of Slaves shall at all times, between 
 the hours aforesaid, be permitted to see any Wills, and take any 
 Copies or Extracts therefrom, relating to any Matter in which 
 a Slave is concerned, without the payment of any Fee or Charge 
 whatever. 
 
 God save the King ! 
 Given at the Cape of Good Hope, 25th February 1828. 
 
 By Command of His Honor the Lieutenant Governor, 
 (Signed) John Bell, Acting Secretary to Govt. 
 
 By Order of the Council, 
 (Signed) Thomas Miller, Acting Clerk of the Council.
 
 433 
 No. 43. Signed, Rich. Bourke. 
 
 Ordinance for empowering the Collector of Taxes in Cape 
 Town, and the Civil Commissioners of the Country Dis- 
 tricts, to collect the several Taxes and Duties now 
 or hereafter to be imposed, and payable within the 
 Colony. (*) 
 
 WHEREAS certain of the Taxes now payable in this Colony 
 have been heretofore collected and got in by the Land- 
 drosts, Landdrosts and Commissioned Heemraden, De- 
 puty Landdrosts, Deputy Landdrosts and Commissioned 
 Heemraden, Residents, and Residents and Commissioned 
 Heemraden, of the several Districts, Subdistricts, and 
 Residencies, respectively; and certain others of the said 
 Taxes have heretofore been collected by and got in by 
 the late Burgher Senate ; And whereas the Offices of 
 Landdrost, Deputy Landdrost, and Resident, have now 
 ceased and determined, and the said Burgher Senate has 
 been abolished, whereby the Revenue can no longer be col- 
 lected as heretofore, and it is therefore necessary to make 
 some other Provision in that behalf: Be it therefore 
 enacted, by His Honor the Lieutenant-Governor in Coun- 
 cil, that the several Taxes and Duties heretofore payable 
 to, and levied by, the said Burgher Senate, shall, from 
 and after the passing of this Ordinance, be payable to, 
 and levied by, the Collector of Taxes in Cape Town; 
 and the several Taxes and Duties heretofore payable to, 
 and levied by, the Landdrosts, Deputy Landdrosts, and 
 Residents, of the several Districts, Subdistricts, and 
 Residencies, and all Taxes hereafter to be imposed, shall, 
 from the time aforesaid, be payable to, and levied by, 
 the said Collector and the Civil Commissioners respec- 
 tively, within their respective Jurisdictions ; and the said 
 Collector and Civil Commissioners shall have full Right 
 and Power to collect all Taxes and Duties, and Arrears 
 thereof, and to sue for and recover the same by any 
 Action or Suit to be brought by them in any competent 
 Court. 
 
 2. And be it further enacted, That the said Collector of 
 Taxe?, and the said Civil Commissioners, shall take the follow- 
 ing Oath before the Chief Justice, or any of the Judges of the 
 Supreme Court, or any Resident Magistrate (who are hereby 
 
 (') Allowed by the Home Govt, vide also Ordinances No. 55 and 57. 
 
 00
 
 434 
 
 No. 43. empowered and required to administer the same), before they 
 1828. act in pursuance of the provisions of this Ordinance. 
 
 I, A. B. do swear, that I will act truly, faithfully, impartially, 
 and honestly, according to the best of my skill and knowledge, 
 in collecting the several Taxes which I am empowered to do by 
 an Ordinance marked No. 43,. bearing date the 28th day of 
 February 1828; and that I will act in all matters and things which 
 shall be brought before me in collecting the said Taxes, without 
 favor or affection, So help me God ! 
 
 God save the King. 
 Given at the Cape of Good Hope, 28th February 1828. 
 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) John Bell, Acting Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) Thomas Miller, Acting Clerk of the Council. 
 
 No. 44. Signed, Rich. Bourke. 
 
 Ordinance for establishing and regulating the Court of the. 
 Judge of Police and Resident Magistrate for Cape Town 
 and the District thereof, and the Cape District, and 
 for other purposes. (*) 
 
 WHEREAS His Most Gracious Majesty's Charter for the 
 better and more effectual Administration of Justice in this 
 Colony, bearing date the 24th day of August 1827, au- 
 thorises and empowers the Governor for the time being of 
 this Colony, with the Advice of the Council of Govern- 
 ment, by any Laws and Ordinances to be from time to 
 time made for that purpose, to erect, constitute, and 
 establish, Courts of Request and other Courts having 
 Jurisdiction in Civil and Criminal Cases within this Colony 
 provided that the Jurisdiction of such Civil Courts shall 
 not be extended to any Case wherein the Sum or Matter 
 in dispute shall exceed the amount or value of Forty 
 Pounds Sterling Money, or wherein the Title to any 
 Lands or Tenements, or any Fee, Duty, or Office, may 
 be in question, or whereby Rights in future may be 
 bound; and provided also, that the Jurisdiction of such 
 Courts, in Criminal Cases shall not be extended to any 
 
 ( 2 ) Allowed by the Home Government ; but altered and partially re. 
 pealed by Ordinances No. 89 and No. 1, 1831. See also Ordinance 
 No. 73,
 
 435 
 
 Case wherein any Person may be accused of any Crime No. 44. 
 punishable by Death, Transportation, or Banishment 1828. 
 from this Colony : And whereas by an Ordinance (No. 36) 
 bearing- date the 5th day of January 1828, it is (amongst 
 other things) enacted, that it shall and may be lawful for 
 the Governor for the time being, to appoint one Judge of 
 Police to exercise in Cape Town and in the Cape District 
 certain Jurisdiction, Powers, and Authority therein men- 
 tioned; and whereas it is expedient and necessary to 
 repeal the same, and to provide for the more prompt and 
 effectual Administration of Justice in Civil Cases of small 
 Amount or Value, arising in Cape Town and the District 
 thereof and in the Cape District ; and also in cases of 
 Crimes and Offences committed therein not punish- 
 able with Death, Transportation, or Banishment: And 
 whereas it is also expedient and necessary to prcrvide for 
 the Legalization and due Registration of Marriages in the 
 said Town and District : Be it therefore enacted by His 
 Honor the Lieutenant- Governor in Council, that the said 
 Judge of Police shall from and after the passing of this 
 Ordinance be, and be called, "the Judge of Police and 
 Resident Magistrate for Cape Town and the District 
 thereof and the Cape District." (*) 
 
 2. And be it further enacted, That it shall and may be 
 lawful for the Governor or Lieutenant-Governor of this Colony, 
 for the time being, from time to time, as occasion may require, 
 to appoint, under the Great Seal of this Colony, a fit and proper 
 Person to be the Judge of Police and Resident Magistrate for 
 Cape Town and the District thereof, and for the Cape District. 
 
 3. And be it further enacted, That every Person wbo shall 
 be appointed to be Judge of Police and Resident Magistrate 
 as aforesaid, shall take the Oath of Allegiance and the Oath of 
 Office, set forth in the Schedule hereunto annexed, before one 
 of the Judges of the Supreme Court of the said Colony ; which 
 Oath shall stand recorded in the Record Book of the Proceed- 
 ings of the Court hereby established. 
 
 4. And be it further enacted, That the said Judge of Police 
 and Resident Magistrate shall have and exercise, in Cape 
 Town and in the District thereof and in the Cape District, Juris- 
 diction in all Civil Cases, wherein the Sum or Matter in dispute 
 shall not exceed the Amount or Value of Twenty Pounds Ster- 
 ling, and wherein the Title to any Lands or Tenements, or any 
 Fee, Duty, or Office is not in question, and whereby Rights in 
 .future cannot be bound. 
 
 (') Vide Ordinance No. 89 $ 6.
 
 436 
 
 No. 44. 5. Provided always, and be it further enacted, That it shall 
 1828. and may be lawful for any Party, who shall think himself ag- 
 grieved by any Judgment, Sentence, or Decree of the said 
 Judge of Police and Resident Magistrate, in any Civil Cases 
 wherein the Sum or Matter in dispute, exclusive of Costs, shall 
 exceed the Amount or Value of Five Pounds Sterling, to appeal 
 therefrom to the Supreme Court, upon making known such his 
 intention to the Clerk of the Court of the said Judge of Police 
 and Resident Magistrate, on or before the next Court Day after 
 the same is given, and upon then depositing with him the Sum 
 of Four Pounds Sterling-, as Security for, or towards the Costs 
 of, conducting the said Appeal. 
 
 6. And be it further enacted, That the said Judge of Police 
 and Resident Magistrate shall have Jurisdiction, without Ap- 
 peal, in all Cases of Crimes and Offences, wherein any Person 
 may be accused of any Crime not punishable by Death, Trans- 
 portation, or Banishment from this Colony: Provided always, 
 that it shall not be lawful for the said Judge of Police and 
 
 s Resident Magistrate to punish any Offender in any higher or 
 more severe manner than by Fine not exceeding the Amount of 
 Five Pounds Sterling, and Imprisonment with or without hard 
 Labour, or on the Tread Mill, for a period not exceeding One 
 Month, or by whipping in Prison not exceeding seventy-five 
 Lashes ; except as to such Crimes or Offences, for the commis- 
 sion of which any higher or more severe Punishment, whether 
 by Fine or Imprisonment, is or shall be provided, and in which 
 Jurisdiction is or shall be expressly given to him by any special 
 Law or Ordinance. 
 
 7. And be it further enacted, That the said Judge of Police 
 and Resident Magistrate shall hold a Court on Wednesday in 
 every week, and oftener if necessary, for hearing and deter- 
 mining all such Cases, Civil and Criminal, as are within his 
 Jurisdiction as aforesaid; but if Wednesday shall happen to 
 be on a Holiday he shall hold the said Court upon the following 
 day ; and (except in such Cases wherein it shall be otherwise 
 provided by Law) he shall be guided in the Manner and Form 
 of proceeding in the said Court by the like Rules, Orders, and 
 Regulations as are or shall be from time to time made, ordained, 
 and established, by the Governor or Lieutenant-Governor in 
 Council, by and with the Advice and Consent of the Chief Jus- 
 tice for the time being, for the several Courts of the Resident 
 Magistrates in this Colony. 
 
 8. And the said Judge of Police and Resident Magistrate 
 shall hold a Police Court daily (^undaysand Holidays excepted), 
 for hearing and disposing of all Misdeameanors not subject to 
 a more severe punishment than Correction in the Public Prison ; 
 Imprisonment with or without hard Labour, or on the Tread- 
 mill, not exceeding fourteen days; Fines fixed and ascertained
 
 437 
 
 l>y the Law, and not exceeding Forty Shillings Sterling; all No. 44. 
 petty Complaints of a criminal nature, between Masters of Ships 1828. 
 and their Seamen between Masters and their Apprentices, Ser- 
 vants, or Slaves, Parents and their Children : and the said Judge 
 of Police and Resident Magistrate shall, at his said Court, hear 
 and summarily dispose of the said lastmentioned Cases, accord- 
 ing to Law ; and the Clerk of the said Court shall enter the 
 Proceedings therein in a Book to be kept by* him for that pur- 
 pose, and to be called " the Police Record Book of the Court 
 of the Judge of Police and Resident Magistrate for Cape Town 
 and the District thereof and the Cape District," in like manner 
 and form as is or shall be by any Rule, Order, or Regulation, 
 made, ordered, and established, by the Governor or Lieutenant- 
 Governor, by and with the Advice and Consent of the Chief 
 Justice for the time 'being, for recording Cases in the Criminal 
 Record Book of the several Courts of Resident Magistrates in 
 this Colony ; and, except as aforesaid, it shall not be neces- 
 sary for the Proceedings in the said Police Court, or any part 
 thereof, to be committed to writing. (') 
 
 9. And be it further enacted, That all Persons apprehended 
 within the Jurisdiction of the said Judge of Police and Resident 
 Magistrate, for Riot, Drunkenness, Vagrancy, and lodged by 
 the Police or Watchmen in any Prison or Watchhouse in Cape 
 Town, shall be brought before the said Court immediately on 
 the first opening thereof after their apprehension ; and the said 
 Judge of Police and Resident Magistrate shall proceed forth- 
 with to examine all such Persons, and shall decide and dispose 
 of their respective Cases according to Law. ( 2 ) 
 
 10. Provided always, and be it further enacted, That if any 
 Person shall be apprehended and lodged in any Prison or 
 Watchhouse in Cape Town or the District thereof the night pre- 
 ceding any Holiday on which the said Court is not holden, it 
 shall and may be lawful for the said Judge of Police and Resi- 
 dent Magistrate, and he ia hereby required to cause such Per- 
 sons to be brought before him at an early hour of the next 
 morning, either at the Court, his private Dwelling House, or 
 the Prison or Watchhouse, as to him may seem fit ; and after 
 summary Examination of such Persons, to commit them until 
 the next Court Day, or hold them to Bail, or discharge them 
 as the case may require. ( 3 ) 
 
 11. And be it further enacted, That no Person shall in any 
 case be kept or detained in Confinement by the Police in Cape 
 Town or the District thereof, for a longer period than twenty- 
 four hours (unless Sunday should intervene), under any pretence 
 
 (') Repealed by Ordinance No. 4 1834. 
 
 ( 2 ) Repealed by Ordinance No. 41834. 
 
 ( 3 ) .Repealed by Ordinance No. 41834.
 
 438 
 
 No. 44. whatsoever, without heing brought before the said Judge of 
 1828. Police and Resident Magistrate, or other Competent Magistrate, 
 to be dealt with according to Law: and the said Judge of 
 Police and Resident Magistrate shall, and he is hereby required 
 and directed to examine into any Complaint that may be made 
 before him, of any Person unlawfully detained in custody by 
 any Officer of Police, and into any Complaint of vexations or 
 frivolous Arrest by the same, and to punish the Officer so 
 offending by Fine not exceeding Five Pounds Sterling, or Im- 
 prisonment not exceeding One Month, as to him shall seem fit. ( a ) 
 
 12. And be it further enacted, That from and after the pass- 
 ing of this Ordinance, the said Judge of Police and Resident 
 Magistrate shall, assisted by his Clerk, hold a Matrimonial 
 Court for Cape Town and the District thereof and the Cape 
 District, on Saturday in every week, or oftener if necessary, 
 for the doing and performing all such Matters and Things as 
 are by Law necessary to be done and performed in and about 
 the contracting and legalization of Marriages within the Juris- 
 diction of the said Court, and which were heretofore necessary 
 to be done and performed by the Matrimonial Court of Cape 
 Town and the Matrimonial Court of the Cape District, lately 
 existing in and for the said Town and District, 
 
 13. And be it further enacted, That all Registrations of Mar- 
 riage shall be made through and by the said Court of Judge of 
 Police and Resident Magistrate, and all Certificates of Regis- 
 tration shall be granted by the said Clerk in like manner as such 
 Registrations were made and such Certificates granted by the 
 said late Matrimonial Courts or the Secretaries thereof respec- 
 tively ; and every Act and thing which was by Law necessary 
 to be done and performed in the said Matrimonial Courts for 
 the due Registration and Legalization of Marriage, shall be 
 and is hereby required to be done and performed in the said 
 Court of Judge of Police and Resident Magistrate, and the 
 same shall be of the like force and effect as the same obtained 
 when done or performed by the said late Matrimonial Courts. 
 
 14. And be it further enacted, That all the Records, Muni- 
 ments, and Proceedings whatsover, of and belonging to the late 
 Courts of Landdrost and Heemraden, and the late Courts for 
 Matrimonial and Petty Law Cases, in and for Cape Town and 
 the District thereof and the Cape District, shall from and im- 
 mediately after the passing of this Ordinance, be delivered over 
 and deposited for safe custody in the said Court of Judge of 
 Police and Resident Magistrate ; and all Parties concerned 
 shall and may have recourse to the said Records or Proceedings, 
 as to any other Records or Proceedings of the said Court re- 
 
 (') Repealed by Ordinance No. 41834,
 
 spectively ; and all Judgments and Sentences of the said late No. 44. 
 Court of Landdrost and Heemraden, and Court of Petty Law 1828. 
 Cases, shall and may be proceeded upon in the said Court of 
 Judge of Police and Resident Magistrate, as if the Complaint 
 or Action in respect whereof the same was given or pronounced 
 had been originally commenced, and the said Judgment or Sen- 
 tence given or pronounced in the said Court of Judge of Police 
 and Resident Magistrate. 
 
 15. And be it further enacted, That all Summonses, Sen- 
 tences, Decrees, Judgments, Notices, Rule?, Orders, War- 
 rants, Commands, and all the Proceedings in the said Court 
 of Judge of Police and Resident Magistrate shall be, and be 
 carried on, in the English Language. 
 
 16. And be it further enacted, That the Ordinance No. 18, 
 bearing date the 29th day of May 1826, and the Ordinance 
 No. 36, bearing date the 5th day of January 1828, shall he, 
 and the same are, hereby repealed. 
 
 17. And whereas it is expedient, That Goods taken in 
 Execution, and to be sold by virtue of any Process of the said 
 Court or of the Court of the Resident Magistrate in any Dis- 
 trict of this Colony, should be sold by the Messenger of the 
 said Court or their Deputies alone, without an Auctioneer 
 licensed for that purpose : Be it therefore enacted, that from 
 and after the passing of this Ordinance, it shall and may be 
 lawful for the Messengers of the said Courts, and their Deputies 
 respectively, without any Licence for that purpose, and they 
 are hereby authorised, to sell by Public Auction, all such Goods 
 as shall or may be taken by virtue of any Process of the said 
 Courts to them directed respectively, and to be sold in Execu- 
 tion thereof any Law or Ordinance to the contrary notwith- 
 standing. 
 
 Schedule. 
 Form of the Oath of Allegiance. 
 
 I, A. B., do sincerely promise and swear, that I will be faithful, and 
 bear true Allegiance to His Majesty King George, So help me God ! 
 
 Form of the Oath of Office. 
 
 I, A. B., do promise and swear, that I will faithfully and diligently 
 execute, to the utmost of my Abilities, the several Duties of the Office 
 of Judge of Police and Resident Magistrate which has been conferred 
 on me. So help me God ! 
 
 God Save the King ! 
 
 Given at the Cape of Good Hope, 19th March 1S28. 
 By Command of IJis Honor the Lieutenant Governor, 
 (Signed) John Bell, Acting Sec. to Govt. 
 
 By Order of the Council, 
 (Signed Thomas Miller, Acting Clerk of the Council.
 
 440 
 
 3fo.45. Signed, Rich. Bourke. 
 
 Ordinance for abolishing the Rewards heretofore payable 
 for the Destruction of noxious Animals. (*) 
 
 WHEREAS it is deemed unnecessary any longer to con- 
 tinue the Rewards heretofore payable from the several 
 District Treasuries for the Destruction of noxious Animals : 
 Be it therefore enacted, by His Honor the Lieutenant- 
 Governor in Council, that from and after the passing of 
 this Ordinance, the payment of all Rewards heretofore 
 granted and made payable by any Law or Ordinance for 
 the Destruction of noxious Animals, of any kind or 
 description, shall cease and determine. (-} 
 
 God save the King ! 
 
 Given at the Cape of Good Hope, 31st March 1828. 
 By Command of His Honor the Lieutenant-Governor, 
 (Signed) John Bell, Acting Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) Thomas Miller, Acting Clerk of the Council. 
 
 'No. 46. Signed, Rich. Bourke. 
 
 Ordinance for the provisional Regulation of Bankrupt 
 and Insolvent Estates. ( 3 ) 
 
 WHEREAS it is expedient, that until some further provi- 
 sion be made for regulating and administering Bankrupt 
 and Insolvent Estates, some means should be devised 
 and appointed for the due preservation of the said Estates, 
 for the benefit generally of all Parties interested therein : 
 Be it therefore enacted, By His Honor the Lieutenant- 
 Governor in Council, that from and after the passing of 
 this Ordinance, it shall and may be lawful for any Person 
 who is unable to satisfy his Creditors, to make affidavit 
 before the Chief Justice, or any of the Judges of the 
 
 ( 1 ) Allowed by the Home Government. 
 
 ( 2 ) Vide Proclamation 21st March 1822, p. 230, and Ordinance No. 3, 
 ,1825, p. 276. 
 
 (') Continued by Ordinance No. 53, but wholly repealed by Ordinance 
 No, 64, 98
 
 441 
 
 Supreme Court, that he is insolvent, and unable to satis- No. 46. 
 fy his just Debts; and thereupon it shall be lawful for 1828. 
 the Chief Justice, or any Judge of the Supreme Court, to 
 direct such Person to be brought before him, and to ex 
 amirie the said Person touching the same, and require such 
 proof thereof as to the said Judge may seem fit, and if 
 the said Judge shall see cause, to place the Estate of 
 every such Person being insolvent, under Sequestration, 
 in the hands of the Master of the Supreme Court, until 
 four-fifths of the Creditors in number and value shall 
 concur in choosing a Trustee or Trustees for the Adminis- 
 tration of the Estate, when the said Master shall assign 
 and deliver over the said Estate to the said Trustee or 
 Trustees, to be by him or them administered according to 
 the Law and the Usage of the Colony, and subject always 
 to such Orcers and Directions as shall, in accordance 
 with the aforesaid Law and Usage be given from time to 
 time by the said Supreme Court or any of the Judges 
 thereof, on the application of any Person having any 
 legal interest in such Estate, or in the Due Administra- 
 tion thereof. 
 
 2. And be it further enacted, That it shall and may be lawful 
 for any Executor or Executors, Administrator or Administrators, 
 or other Person or Persons legally vested with the Administra- 
 tion of Estates of Persons deceased, and which now are, or 
 may hereafter become, insolvent, to make such Affidavit as 
 aforesaid ; and it shall and may be lawful for the said Chief 
 Justice, or any Judge of the said Supreme Court, upon such 
 Affidavit and Examination, and proof as aforesaid, to seques- 
 trate the Estate so proved to be insolvent, in like manner as 
 aforesaid. 
 
 3. And be it further enacted, That it shall and may be lawful 
 for any Person to whom the Sum of One Hundred Pounds 
 Sterling is justly due from any Debtor, to make Affidavit of 
 such Debt, before the Chief justice, or one of the Judges of 
 the said Supreme Court, and upon such Affidavit and produc- 
 tion of at least two Returns made by the Sheriff to the effect, 
 that sufficient Goods of the said Debtor have not been found to 
 satisfy the Sentences upon which such Returns shall have been 
 made, and that the Debts on such Sentences still remain unsatis- 
 fied ; it shall be lawful for the Chief Justice, or one of the 
 Judges of the said Supreme Court, to direct such Debtor to be 
 brought before him, and to examine the said Debtor touching 
 the same, and to require such proof thereof as to the said 
 Judge may seem fit, and, if the said Judge shall see cause, in 
 like manner to place the Estate of every such Debtor under
 
 442 
 
 No. 46. Sequestration, in the hands of the Master of the said Supreme 
 1828. Court. 
 
 4. And be it further enacted, That the said Master shall, 
 within seven days after any Estate is placed under Sequestration 
 in his hands, appoint and make due publication of such Time 
 and Place for the Creditors upon such Estate to meet, in order 
 to* elect such Trustee or Trustees as under the circumstances he 
 shall consider most convenient for all the Parties concerned ; 
 and in all cases where such Meeting shall be appointed to be 
 -holden in Cape Town, the same shall take place under the 
 direction of the Master, and in any other District of the Colony, 
 under the direction of the Resident Magistrate of such District, 
 who shall respectively take the Votes of the Creditors, and declare 
 the Party or Parties so elected Trustee or Trustees of the said 
 Estate, and to whom the said Master shall thereupon assign 
 over the said Estate. 
 
 5. And be it further enacted, That any Creditor may attend 
 and vote at such Meetings, for the purpose aforesaid, personally 
 or by Agent authorised by any writing under the hand of the 
 said Creditor. 
 
 6. And be it further enacted, That every Creditor before 
 being allowed to vote, shall give proof by Affidavit or otherwise 
 of the Debt on which he claims to vote, to the satisfaction of 
 the Master or the Resident Magistrate, as the case may be. 
 
 7. And be it further enacted, That it shall be competent to 
 any Person interested in any such insolvent Estate, or the due 
 Administration thereof, and who shall complain of any such 
 Election, to bring the Proceedings of, and at, such Election 
 under the review of the said Supreme Court in Term time, or 
 in Vacation before any of the Judges of the Court at Chambers. 
 
 8. And be it further enacted, That this Ordinance, unless 
 sooner repealed, shall be in force until the 30th day of Novem- 
 ber next, and no longer. 
 
 God save the King ! 
 Given at the Cape of Good Hope, 26th May 1828. 
 
 By Command of His Honor the Lieutenant Governor, 
 (Signed) John Bell, Acting Secretary to Govt. 
 
 By Order of the Council, 
 (Signed) Thomas Miller, Acting Clerk of the Council.
 
 443 
 
 No. 47. Signed, Rich. Bourke. 
 
 Ordinance for Regulating the Importation and Expor*- 
 tation of Grain and Flour in this Colony. ( x ) 
 
 WHEREAS it is deemed expedient, to remove all obstacles- 
 to the Import and Export of Grain and Flour, into, arid 
 from, the several Ports of this Colony: Be it therefore 
 enacted, by His Honor the Lieutenant Governor in Coun 
 cil, that from and after the passing of this Ordinance, th" 
 Proclamation of the 8th February 1822, and theGoverne 
 ment Advertisement of the 20th March 1818, shall be 
 repealed, and the same are hereby repealed accordingly. 
 
 2. And be it further enacted, That from and after the time 
 aforesaid, it shall and may be lawful for any Person to Export 
 all kinds of Grain, Pulse, and Flour from any of the Ports of 
 this Colony, free of all Custom Dtities and Charges, (Permits 
 and Wharfage excepted), and without any special Licence or 
 Authority to that effect. 
 
 3. And be it further enacted, That from and after the time 
 aforesaid, a Duty of Sixpence per Muid of 180 Dutch Pounds, 
 shall be charged upon all Grain, (excepting Rice, which shall 
 remain at the present Duty of 10 per Cent, ad valorem,) and 
 One Shilling and Sixpence per Barrel of 182 Dutch Pounds, on 
 all Flour lawfully Imported into any of the Ports of this Colony. 
 
 God save the Kiny ! 
 Given at the Cape of Good Hope, 7th June 1828. 
 
 By Command of His Honor the Lieutenant-Governor, 
 (Signed) John Bell, Acting Sec to Govt. 
 
 By Order of the Council, 
 (Signed) Thomas Miller, Acting Clerk of the. Council. 
 
 No. 48. Signed, Rich. Bourke. 
 
 Ordinance for establishing an Executive Police in Cape 
 Town and the District thereof, and for consolidating 
 and amending the Laws and Regulations relating 
 thereto. ( 2 ) 
 
 WHEREAS it is expedient and necessary to make further 
 )rovision as well for the maintenance of the Public Peace 
 
 (') Repealed by Order in Council, of 22d February 18J2. 
 (*) Allowed by the Home Government.
 
 444 
 
 No. 48. and good Order, as for the prosecution of certain Crimes 
 1828. and Offences, committed within Cape Town and the Dis- 
 trict thereof, and the Port of Table Bay, within the same : 
 Be it therefore enacted, by His Honor the Lieutenant- 
 Governor in Council, that from and after the commence- 
 ment of this Ordinance, it shall and may be lawful 
 for the Governor of this Colony, for the time being, from 
 time to time, as occasion may require, to nominate and 
 appoint some fit and proper Person, to be Superintendant 
 of Police for the said Town, District, and Port, and also 
 some other fit and proper Person to assist the said Super- 
 intendant of Police for the said Town, District, and Port, 
 who shall act and be under the control and order of the 
 said Superintendant of Police ; and the said Superintend- 
 ant and Deputy Superintendant shall, before entering 
 upon the Duties of their respective Offices, take the Oath 
 of Allegiance and the Oath of Office followine;, that is to 
 say: 
 
 I, do solemnly swear, that I will truly and faithfully, to the 
 
 best of my skill and ability, perform the Duties and Office of 
 Superintendant (or Deputy Superiotendant) of Police, without 
 fear, favor, or affection. So help me God ! 
 
 2. And be it further enacted, That it shall and may be law- 
 ful for the said Governor to authorise the said Superintendant to 
 nominate and appoint so many Persons, as the said Governor 
 shall think fit, to act as Police Officers and Constables, under 
 the control and order of the said Superintendant and Deputy 
 Superintendant, with full power to the said Superintendant to 
 suspend and remove all or any of the said Officers or Constables, 
 and to appoint other Persons in their room, at all times as he 
 shall see occasion ; and the said Officers or Constables shall, 
 before entering upon the exercise of their Duties, take the Oath 
 of Allegiance and the Oath of Office following, that is to say : 
 
 I, do solemnly swear, that I will truly and faithfully, to the 
 
 best of my abilities, perform the Office and Duties of Constable of 
 Police. So help me God ! 
 
 3. And be it further enacted, That the said Superintendant 
 of Police shall, as much as in him lies, suppress all Tumults, 
 Riots, Affrays, or Breaches of the Peace, all Public Nuisances, 
 Vagrancies, and Offences against the Law, in all Places within 
 the said Town, District, and Port, and shall enforce and main- 
 tain all such Regulations as now are, or hereinafter shall be in 
 force, respecting the Police of the said Town, District, and 
 Port. 
 
 4. And be it further enacted, That in all cases of Fire, Ship- 
 wreck, or other Calamity occurring within the said Town, Dis- 
 trict, and Port, the Said Superintendant of Police shall repair,
 
 445 
 
 with proper Assistance, to the Place where the same has occur- ]\~o.48. 
 red, for the protection of such Persons and Property, as may be 1828. 
 endangered thereby. 
 
 5. And be it further enacted, That the said Superintendant 
 of Police shall put in force all Laws and Regulations, which are 
 now, or hereafter may be, made, regarding all Strangers and 
 Vagrants, who shall come within the said Town and District ; ( : ) 
 and he shall cause all Persons charged with any Crime or 
 Offence, to be apprehended and dealt with according to Law. 
 And the said Superintendant of Police shall inquire into and 
 investigate all Complaints and Informations of any Crime or 
 Offence against the Laws, which shall come to his knowledge, 
 or may be brought before him, and duly prosecute the same, if 
 sufficient cause appear, before such Court as has or may have 
 jurisdiction therein. ( z ) 
 
 6. And be it further enacted, That the Superintendant of 
 Police shall have jurisdiction and authority over all Persons 
 within the said Town or District Sentenced by any competent 
 Court in the Colony to any kind of labour, touching the ap- 
 pointment and performance of the labour of such Persons, and 
 for that purpose shall and may, from time to time, make, con- 
 stitute, and enforce all necessary Rules and Orders concerning 
 the same. 
 
 7. And be it further enacted, That the said Superintendant of 
 Police shall be the Visitor and Inspector of the Common Gaol 
 and House of Correction in Cape Town, and shall have full 
 power and authority to maintain and enforce all such Rules and 
 Regulations, as have from time to time been duly made and 
 promulgated for the internal management and economy of the 
 said Gaol and House of Correction respectively, and of the 
 Treadmill attached thereto, and all such Rules, Orders, and 
 Regulations, from time to time to revoke, add to, alter, amend, 
 or renew, as occasion may require. Provided always, that the 
 same be not contrary to Law, and have been first approved of 
 by the Governor of this Colony for the time being ; and the said 
 Superintendant of Police, shall summarily inquire into and in- 
 vestigate all Complaints and Abuses in the said Gaol and House 
 of Correction respectively, and shall take such proceedings 
 thereon as the Law shall direct, or the case otherwise require. 
 
 8. And be it further enacted, That it shall be lawful for the 
 Superintendant of Police, from time to time, to appoint some fit 
 and proper Person, to be the Town Assizer, who shall, under 
 the direction of the Superintendant of Police, in the months.of 
 January and February, assize and mark all Weights and Mea- 
 sures in the said Town and District, kept for purposes of Trade 
 
 (') Vide supra pages 11, 39 and 41. 
 ( 3 ) Vide Ordinance No. 73, 5, infra vol. 2d. 
 PP
 
 440 
 
 No. 48. or Dealing ; and the Superintendant of Police shall hold a 
 1828. Court yearly at the Town House of the said Town, in the months 
 of January and February, at such times as he shall appoint, for 
 the assizing all Weights and Measures kept or used as aforesaid ; 
 and he shall cause due notice to be given by Advertisements in 
 the Government Gazette, for all Persons using Weights and 
 Measures for the Purpose of Dealing, to attend the said Court, 
 in such order as he shall think fit ; and any Person who shall 
 after such notice has been given, and after his Weights and 
 Measures might have been assized accordingly, use in his Trade 
 or Dealing, or have in his House, any Weights or Measures 
 which have not been assized, shall forfeit a Sum not exceeding 
 Five Pounds, nor less than One Pound Sterling. 
 
 9. And be it further enacted, That there shall be paid to the 
 Superintendant of Police, for every Weight or Measure assized 
 and marked, the Sum of Threepence, besides the Costs of Re- 
 pair thereof, if such shall be necessary. 
 
 10. And be it further enacted, That it shall be lawful for any 
 Person, desiring to have any Weight or Measure assized at any 
 time of the year, to apply to the Superintendant of Police for 
 that purpose, who shall thereupon cause the same to be done, 
 upon payment of the aforesaid Fee and Costs of Repair. 
 
 11. And be it further enacted, That the Assizer shall in his 
 assizing conform to the Standards of Weights and Measures 
 which now are, or hereafter shall be legally established. . 
 
 12. And be it further enacted, That it shall be lawful for the 
 Superintendant of Police, at any time in the day, to visit any 
 Shop, Store, or other Place of Trade or Dealing, by himself 
 or his said Deputy, and to require that the Weights and Mea- 
 sures used there shall be produced and shown to him, and all 
 such as he shall find not duly assized or deficient in Weight or 
 Measure, he shall take away and destroy ; and any Owner or 
 Proprietor of such Shop, Store, or other Place, or any other 
 Person in his or her employment therein, refusing to produce such 
 Weights and Measures, when thereunto required as aforesaid, 
 or in any way obstructing the said Superintendant or his Deputy 
 in the execution of their Duty, shall forfeit a sum not exceeding 
 Ten Pounds, nor less than Five Pounds Sterling. 
 
 13. And be it further enacted, That any Person making use 
 of, or having in his House or Shop, for the purposes of Trade 
 or Dealing, any short or deficient Weight or Measure, shall 
 upon the first conviction of such offence forfeit the Sura of 
 Ten Pounds, and for every subsequent conviction the Sum of 
 Twenty Pounds Sterling. 
 
 14. And be it further enacted, That the said Superintendant 
 of Police shall, as far as in him lies, cause the Lord's Day (') to be 
 
 (') Vide Ordinance No. 11838, infra vol. 2d.
 
 447 
 
 duly observed by all Persons in the said Town and District, and No. 48, 
 shall not permit or suffer any House, Shop, Store, or other Place 1828. 
 to be open on that Day, for the purpose of Trade or Dealing, 
 the Shops or Houses of Apothecaries, Butchers, Bakers, and 
 Victuallers only excepted : and any Person who shall Trade or 
 Deal, or keep open any Shop, Store, or other Place, (except as 
 aforesaid,) for the purpose of Trade or Dealing on the Lord's 
 Day, shall forfeit a Sura not exceeding Three Pounds, nor less 
 than One Pound Sterling. 
 
 15. And be it further enacted, That the Owner or Occupier 
 of any Public Billiard Room, or other Public Place of Amuse- 
 ment, who shall permit or suffer any one to play in his House 
 or Premises at any Game on Sunday, shall forfeit a Sum not 
 exceeding Five Pounds, nor less than Three Pounds Sterling ; 
 and it shall be lawful for the Superintendant of Police, to dis- 
 perse all Persons gathering together on Sunday, in any Public 
 or Open Place, for the purpose of gambling or playing any 
 Game, and to take and seize any Implements, Instruments, or 
 Animals used therein, and to destroy or carry away the same ; 
 and all Persons actually gambling or playing as aforesaid, he 
 shall arrest and prosecute according to Law. (*) 
 
 16. And be it further enacted, That any Person who shall 
 sell, or expose to sale, Fish elsewhere than in the Market, or 
 Fruit or Vegetables elsewhere than in the Places hereafter to be 
 appointed for that purpose by the Superintendant of Police, after 
 Nine o'Clock inthe Morning of Sunday, shall forfeit a Sum not 
 exceeding Two Pounds, nor less than Ten Shillings Sterling. (*) 
 
 17. And be it further enacted, That for the preserving of 
 health and cleanliness of the said Town, it shall and maybe 
 lawful for the said Superintendant of Police and his Deputy, 
 from time to time, and when and as often as he or either of them 
 shall see occasion, to visit and inspect the Butchers' Shambles 
 and Slaughterhouses in the said Town, and from time to time, 
 to make and constitute such general Rules and Regulations, to 
 be first approved of by the Governor of the Colony, for the 
 time being, or to give such particular directions in conformity 
 therewith, in any case touching and concerning the slaughtering 
 of Cattle therein, disposing of the Refuse and cleansing the 
 said Shambles and Slaughterhouses, both within and without, 
 as to him shall seem needful : and any Butcher who shall refuse 
 or neglect to comply within a reasonable time with any such 
 Rules, Regulations, or Directions, that may or shall be given 
 as aforesaid, shall forfeit for every such offence or breach there- 
 of, a Sum not exceeding Two Pounds, nor less than Ten Shil- 
 lings Sterling. 
 
 (') Vide Ordinance No. 73, 5, infra vol. 2d. 
 ( ? 1 do. No. 11838. do.
 
 448 
 
 No. 48. 18. And be it further enacted, That no Cattle or Sheep for 
 1828. slaughter shall be driven towards the Butchers' Shambles later 
 than Eight o'Clock in the Morning, and all such Cai tile shall 
 be driven by the Lower or Summer Road, through the ImhofF 
 Battery, under a Penalty not exceeding Two Pownds, nor less 
 than Ten Shillings Sterling ; and no Cattle or Sheep shall be 
 slaughtered by any Butcher, or other Person, for sale, at any 
 Place within the Town, excepting at the Shambles, under a 
 Penalty of Five Pounds Sterling, for every Beast so slaughtered. 
 
 19. And be it further enacted, That the Heads of all Families 
 in Cape Town, and the District thereof, shall, within Forty- 
 eight Hours after the Birth of any Child, or within Twenty-four 
 Hours after the Death of any Member or Servant, after previous 
 illness, in their Familes, report the same to the Superiutendant 
 of Police, under a Penalty Not exceeding One Pound, nor less 
 than Five Shillings Sterling; and in case of any sudden or ac- 
 cidental Death, or the Death of any Stranger within their Houses 
 or on their Premises, they shall report the same immediately to 
 the said Superintendant of Police, under a Penalty not exceed- 
 ing Ten Pounds, nor less than Five Shillings Sterling ; and the 
 said Superintendant of Police shall keep, or cause to be kept, 
 an Annual Registry of all Births and Deaths so to be reported 
 to him as aforesaid, within the said Town and District. 
 
 20. And be it further enacted, That every Person desirous of 
 plying for Hire as a Coolie, shall, upon being approved of by 
 the Superintendant of Police, register his Name and Place of 
 Abode at the Police Office, and shall thereupon receive a Badge, 
 which he shall wear firmly sewed to his Coat or Jacket, on 
 the left Breast ; and any Person who shall so ply without such 
 Registration, or without a Badge, so sewed as aforesaid, shall 
 forfeit the Sum of Ten Shillings Sterling, for every offence ; and 
 for such Registration and Badge each Coolie t>hall pay the Sum 
 of Two Shillings ; and every Coolie, on application at the Police 
 Office, shall receive, a Card of the Rate of Hire, signed by the 
 Superintendant of Police, which he shall at all times carry with 
 him, and show, on demand, to any Person employing him ; and 
 if he shall refuse so to do, he shall forfeit the sum of Ten Shil- 
 lings Sterling ; and for every such Card required, each Coolie 
 shall pay Sixpence. 
 
 21. And be it further enacted, That any Person not being 
 duly registered as aforesaid, who shall wear a Badge, shall 
 forfeit the Sum of One Pound Sterling, for every offence ; and 
 any Coolie who shall be duly convicted of lending his Badge 
 to be worn by any other Person, shall forfeit the like Sum of 
 One Pound Sterling, for every offence. 
 
 22. And be it further enacted, That the Superintendant of 
 Police shall have the power of depriving of his Badge any
 
 449 
 
 Coolie who shall be found guilty of dishonest or improper No. 48. 
 conduct, npoo complaint laid before the Superintendent. ] >o > 
 
 23. And be it farther enacted, That the Hire of Coolies 
 shall he regulated by the following Table : 
 
 ForaLetterirhclt 
 Prc?l. mot exceed- For 
 mg2albs.D.ica. a Load. 
 
 *. A . 4. 
 For any Letter or light Panel, front any part of 
 
 the Town to any other part, within the follow- 
 ing Limits: Froai Amsterdam Battery, by the 
 
 Beach, to the Castle, iaHadiag the Wharf; 
 
 front thence, by the New-street, opposite the 
 
 Roman Catholic Chapel, to Rodand street; 
 
 along stoehrd-ctrcet, SaJpleiB, GraTt street, to 
 
 Wale-street, Tain-street, Koaiag-steeg, p 
 
 long-street, Buite*-tKet, Brre-ctreet, Badteav 
 
 gracht, Dorp-street, Chiappini-stieet,aBd by the 
 
 Hospital, to Amsterdam Battery, all the said 
 
 Places iaeloshre, * 4 
 
 From any Place within the said fjarifi, to any 
 
 Place beyond the same, and net rrrm, not ex- 
 ceeding one Mile front the Town House, - 3 C 
 Exceeding one MUe, and not exceeding two. - 1 
 F.cirdms two Miles, and not exceeding three - 9 1 
 Exceeding three Miles, and not exceeding few, 11 1 It 
 Exceeding fow Miles, and not exceeding fre, - 1 X 
 Exceeding fire Miles, and not exceeding six, - t 1 * 3 4 
 Exceeding six Miks, and not exceeding dght, - 1 3 X 
 For erery How detained, ML 
 
 If engaged by tkc Time. 
 For every How, ... 3 
 
 For a Day of ! Hows, - - 2 8 
 
 No single Coolie shaUrefnae to carry aaj Bwden of the fallowing 
 Weights, nor be compelled to carry awe : 
 
 Front any Place within the said f Jm'rts, to any other 
 
 Place within the same, .... 75 Pamadj, Dwtch. 
 Two Coolies, - ----- 2Ot 
 
 Four Coolies. 4M 
 
 Front any Place withia the said Limits to any 
 Place beyond the same, mtntioaad in the inrege- 
 ing Table, and net rrraa, ... 54 Povads, DvtdL 
 
 TwoCOoiies, ISO 
 
 FowOaolies. 3M 
 
 And any Coolie, pi vine for Hire, and refusing Us Seitkes 
 at the Rates hereinbefore specified, or deaaandtag more than the 
 said Rates, or refusing to carry the Hardens hereinbefore spe- 
 cified, shall forfeit, for erery saeh offence, a Swn not exceed- 
 ::? T-.r? P:.::a5. r:r !e^5 lhan Tei Sb:::iLr5 Stcr:;-:,:. 
 
 94. And be it further faartrd, Hat any Person who shall 
 wilfolly or negligently allow any Hones, Cattle, Sheep, Goats, 
 Hogs, or Poultry, to stray in any Street or Public Place of 
 Cape Town, shaft forfeit a Sot not exceeding One Pond, nor
 
 450 
 
 No. 48. less than Fire Shillings Sterling ; and any such Animals, being" 
 1828* so found straying;, shall, and may lawfully, be impounded by any 
 Person finding the same, and shall not in such case be released, 
 until all Pound Dues, Costs, and Charges for keeping the same 
 shall be paid : and any such Animal being impounded, and not 
 claimed within Fourteen Days after Advertisement thereof, 
 together with its Description, in the Government Gazette, shall 
 be sold by Public Auction, to the highest Bidder, and the 
 Money arising therefrom shall go and be applied in the first 
 instance to pay the said Fine, Poundage Due, and necessary 
 .Expenses ; and the remainder, if any, shall be paid into the 
 Hands of the Superintendant of Police, for such Person as 
 shall eventually be proved to be entitled to the same. 
 
 25. And be it further enacted, That the Owner or Proprie- 
 tor of any Cart, Wagon, or Dray, within Cape Town, or the 
 District thereof, shall from and after the First Day of August 
 next, register the same, if not already registered, in the Office 
 of the Superintendant of Police, and shall receive from him a 
 Certificate of such Registry on a Stamp of One Shilling, and 
 shall at the same time receive from the said Superintendant of 
 Police a Number for such Cart, Wagon or Dray, a Duplicate of 
 which Number, with the Name of the Owner or Proprietor 
 thereof, and his or her Place of Residence, shall be painted on 
 the right or off side of such Cart, Wagon, or Dray, or on a 
 Board affixed thereto, in legible Figures and Characters of not 
 less than one inch in length, under a Penalty not exceeding One 
 Pound, nor less than Five Shillings Sterling, for each offence. 
 
 26. And be it further enacted, That no Carriage, Wagon, or 
 Cart, shall be left or permitted to remain in any Street, Way, 
 or Avenue in Cape Town, after Dusk in the Evening, except in 
 such Places as shall be hereafter appointed and notified by the 
 Superintendant of Police, upon any pretence whatever : and 
 the Owner or Person in charge thereof, shall forfeit, for every 
 such offence, a Sum not exceeding One Pound, nor less than 
 Five Shillings Sterling. 
 
 27. And be it further enacted, That in no case shall any 
 Wagon or other Carriage, for the purpose of unloading or 
 otherwise, be permitted to obstruct the passage of any Street, 
 nor any Two Carriages, Wagons, or Carts, to stand abreast in 
 any Street, Way, or Avenue, except in the Places above re- 
 ferred to ; and the Owner or Person in charge thereof, not 
 removing the same immediately, shall forfeit a Sum not exceed- 
 ing One Pound, nor less than Five Shillings Sterling ; and it 
 shall be lawful for any Police Officer or Constable, to have the 
 said Carriage, Wason or Cart removed, or detained for the 
 purpose of being impounded, until the Offender shall have been 
 dealt with according to Law.
 
 451 
 
 28. And be it further enacted, That no Wagon or Cart, No. 48. 
 drawn by Bullocks, or by more than six Horses or Mules, shall 1828, 
 be, for any purpose, in any Public Road, Street, Way or 
 Avenue, of Cape Town, or the District thereof, without a Per- 
 son at the Head of the said Bullocks, Horses, or Mules, as 
 Leader, where the same shall be in motion ; and every Carriage, 
 Wagon, or Cart, whether drawn by Bullocks, Horses, or 
 Mules, shall, when stationary, have a Person to take care of 
 
 the same, under a Penalty not exceeding Or;e Pound, nor less 
 than Five Shillings Steiling, to be paid by the Owner of such 
 Carriage, Wagon, or Cart. 
 
 29. And be it further enacted, That any Person who is about 
 to build or repair any House or Building, whereby any Street 
 or Highway may be necessarily encumbered, shall give notice 
 thereof to the Superintendant of Police, who shall give such 
 directions relative thereto, as the nature of the case and the 
 Public convenience shall require; and during the continuance 
 of any such encumbrance, the Owner of the House or Building 
 shall keep proper Lights burning thereat during the Night, and 
 in all things conform to the directions of the said Superintendant 
 of Police in that respect, under a Penalty not exceeding Ten 
 Pounds, nor less than One Pound Sterling. 
 
 30. And be it further enacted, That any Person who shall 
 erect any Building soever, within One Mile of the Town House, 
 and shall cover the same with Thatch or Reeds, shall forfeit the 
 Sum of Twenty Pounds Sterling ; and the Superintendant of 
 Police shall cause the said Thatch or Reeds to be removed, if 
 not done by the Owner or Occupier thereof, within fourteea 
 Days after notice given by the Superinteudant or Deputy Super- 
 intendant of Police. 
 
 31. And be it further enacted, That the Superintendant of 
 Police shall cause Carts, properly fitted for the purpose, to pass 
 through the Town, within the Limits hereinbefore mentioned in 
 the Twenty-third Section of this Ordinance, between the hours 
 of Four and Six in the Morning in Summer, and Five and 
 Seven in Winter, on certain Days in every Week, to be here- 
 after notified by the Superintendant, for the purpose of carry- 
 ing away Dust, Ashes, Soil, and Filth, and of which due notice 
 will be given by ringing a Bell, or otherwise ; and it shall be 
 lawful for any Person, residing without the said Limits, to 
 bring his Dust, Ashes, Soil, and Filth, in proper Vessels, to 
 any such Cart, for the purpose of removal. 
 
 32. And be it further enacted, That any Person who shall 
 cast any Filth, Soil, Earth, or Rubbish into any Street or 
 Public Place, or Waste Ground, within Cape Town or the 
 District thereof, excepting on the Beach between Amster- 
 dam and Chavonne Batteries, without permission of the Super- 
 inteudant of Police, shall be bound to pay the Cost of remov-
 
 452 
 
 No. 48. ing the same, and shall forfeit the Sum of Five Pounds Sterling. 
 1828. 33. And be it further enacted, That all private Avenues, 
 Passages, Yards, and Ways shall be kept clean by the Proprie- 
 tors or Occupiers thereof, so as not to become a public nuisance 
 by offensive smell or otherwise, under a Penalty not exceeding 
 Five Pounds nor less than Ten Shillings, upon complaint and 
 conviction. 
 
 34. And be it further enacted, That any Person who shall 
 injure any Public Fountain, Pump, Cock, or VVaterpipe, or any 
 part thereof, shall pay the Cost of repairing the same, and, if 
 the same be wilfully done, shall forfeit a Sum not exceeding 
 Twenty Pounds, nor less than One Pound Sterling ; and any 
 Person who shall have in his possession any private Key for the 
 purpose of opening any Cock, or who shall in any manner 
 clandestinely appropriate to his use, any Water from the Public 
 Fountains or Pipes, by means of any private Pipe, shall forfeit 
 a Sum not exceeding Twenty Pounds, nor less than Five Pounds 
 Sterling; and any Person who shall open or leave open any 
 Cock of any Public Fountain or Pump, so that the Water shall 
 or may run to waste, shall forfeit a Sum not exceeding Two 
 Pounds, nor less than Five Shillings Sterling ; and any Person 
 who shall wash any Clothes at or near any Public Fountain or 
 Pump, shall forfeit a Sum not exceeding One Pound, nor less 
 than Five Shillings Sterling. 
 
 35. And be it further enacted, That any Person who shall 
 cast any Filth or Rubbish into any Watercourse, Sewer, or 
 Canal, shall forfeit a Sum not exceeding Five Pounds, nor less 
 than One Pound Sterling. 
 
 36. And be it further enacted, That the Superintendant of 
 Police shall have the inspection and management of the Public 
 Fire Engines, and shall cause the same to be kept in good and 
 sufficient repair. 
 
 37. And be it further enacted, That there shall be attached 
 to each Engine, a Foreman and a sufficient number of Firemen, 
 whose Names and Places of Abode shall be registered in the 
 Books of, and who shall be paid by, the Superintendant of 
 Police, and who shall give their attendance at all times upon 
 the Alarm of Fire, or when thereunto required by the said 
 Superintendant. The Foreman and Firemen of the Engine, 
 which shall first arrive at any Fire, shall receive a reward not 
 exceeding Ten Pounds, nor less than Two Pounds Sterling, to 
 be paid by the Superintendant of Police. 
 
 38. And be it further enacted, That the Occupier of any 
 House in which any Chimney shall take Fire, through hi* oi- 
 lier neglect, so that Flame or Sparks issue from the top thereof, 
 shall forfeit the Sum of Three Pounds Sterling. 
 
 39. And be it further enacted, That any Person who shall 
 damage any Public Building, Wall, Parapet, Sluice, Bridge,
 
 453 
 
 Road, Street, Sewer, Watercourse, or other Public Property, No. 48. 
 shall pay the Cost ot repairing the same, and if the same he 1828. 
 wilfully done, shall forfeit a Sum not exceeding Twenty Pounds, 
 nor less thrjn Five Pounds Sterling. 
 
 40. And he it further enacted, That any Person who shall 
 discharge any Firearms, without lawful cause, or let off any 
 Fireworks, in any Street, Square, or Lane, within one Mile of 
 the Town House, shall forfeit a Sum not exceeding Five Pounds, 
 nor less than Ten Shillings Sterling. 
 
 41. And be it further enacted, That any Person who shall 
 ride or drive through the Streets so negligently, carelessly, or 
 furiously, that the safety of any other Person shall be actually 
 endangered, shall forfeit a Sum not exceeding Ten Pounds, nor 
 less than Two Pounds Sterling. (') 
 
 42. And whereas the Duties of Wardmaster in Cape Town 
 and the District thereof are become heavy and burdensome, by 
 reason of the increase of the Population therein ; and it is ex- 
 pedient to relieve the Inhabitants from the pressure of those 
 Duties . Be it therefore enacted, That from and after the com- 
 mencement of this Ordinance, the Office of Wardmaster in 
 Cape Town and the District thereof shall cease and determine ; 
 and the Duties thereof shall, as far as may be required, be dis- 
 charged by the Superiutendant of Police, his Deputy, and As- 
 sistants. 
 
 43. And be it further enacted, That the Judge of Police and 
 Resident Magistrate shall have and exercise jurisdiction in all 
 cases of offences mentioned in this Ordinance, and shall, upon 
 information or complaint being brought before him, summon 
 the Party complained of, to appear personally before him, at a 
 certain time set forth in this Summons, and shall at such time, 
 whether the Party appear or not, (proof having been made on 
 Oath of such Party having been duly summoned,) proceed to hear 
 and determine the same according to Law. ( 2 ) 
 
 44. Fovided always, and be it further enacted, That it shall 
 and may be lawful for any Party, who shall think himself ag- 
 grieved by any conviction of the said Judge of Police and Resi- 
 dent Magistrate, pursuant to this Ordinance wherein the Fine 
 imposed shall exceed the Sum of Five Pounds Sterling, to ap- 
 peal therefrom to the Supreme Court, upon giving notice, at the 
 time of conviction, of such his intention, to the said Judge of 
 Police and Resident Magistrate, and upon giving Security to 
 his satisfaction, for the due prosecution of the said Appeal. 
 
 45. And be it further enacted, That the Process for Execu- 
 tion upon any Conviction of the said Judge of Police and Resi- 
 dent Magistrate, under and by virtue of the Provisions of this 
 
 (') Vide Proc. 23 June 1809, supra page 91, and Ord. No. 79. 
 ( 2 ) Vide Ordinance No. 4, 1834, infra vol. 2d,
 
 454 
 
 No. 48. Ordinance, shall be by like Warrant under his Hand, directed to 
 1828. the Messenger of his Court, as for the Execution of any other 
 Sentence or Judgment of the said Court : Provided always, that 
 if, upon such Conviction of any Person, he shall declare that 
 he does not possess, within Cape Town and the District thereof, 
 sufficient Goods to satisfy the said Conviction, and shall not 
 give Security to the satisfaction of the said Judge of Police and 
 Resident Magistrate, for the Payment, within seven Days, of 
 the Amount thereof ; or, if it shall appear upon the Return of 
 the Messenger of the said Court to the said Process, that such 
 Person does not possess sufficient Goods to satisfy the said Con- 
 viction, then, and in every such case, it shall and may be lawful 
 for the said Judge of Police and Resident Magistrate, and he is 
 hereby required, by Warrant under his Hand, to commit such 
 Person to the Gaol or House of Correction in Cape Town, for 
 any period not exceeding the times herein specified, unless the 
 said Fine be sooner paid, that is to say : 
 
 Where the Fine does not exceed l, - - - 8 Days, 
 
 Exceeding 1, and not exceeding 2, - - - 14 
 
 Exceeding 2, and not exceeding 3, - - - 21 
 
 Exceeding 3, and not exceeding 5, - - - 28 
 
 Exceeding 5, and not exceeding 10 not less than 1 Month, 
 
 nor more than 2 
 Exceeding 10, .... not less than 2 Months. 
 
 nor more than 6 
 
 46. And be it further enacted, That all Fines, recovered 
 under this Ordinance, shall be paid, one half into the Colonial 
 Treasury, and the other half to the Informer. 
 
 47. And be it further enacted, That from and after the com- 
 mencement of this Ordinance, all former Laws, Rules, Orders, 
 and Regulations, touching the matters in this Ordinance contain- 
 ed, or any of them, or relating to any matter of Police, within 
 the said Town and District thereof, shall cease and be of no 
 effect, and be repealed, and the same are, from the time aforesaid, 
 hereby repealed accordingly : Provided always, that nothing 
 herein contained, shall extend to repeal the Ordinance No, 29, 
 of the 27th Day of November, 1827, intituled "An Ordinance 
 for making Regulations for the Conduct and Proceedings of the 
 Masters and Crews of Merchant Vessels arriving in the Ports of 
 this Colony," nor any clause, matter, or thing therein contained. 
 
 48. And be it further enacted, That this Ordinance shall take 
 effect, and be in force from and after the First Day of August 
 1828. 
 
 God save the King ! 
 Given at the Cape of Good Hope, 3d July, 1828. 
 
 By Command of His Honor the Lieutenant-Governor, 
 (Signed) John Bell, Acting Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) T. Miller, Acting Clerk of the Council.
 
 455 
 
 No. 49. Signed, Rich. Bourke. 
 
 Ordinance for the Admission into the Colony, under 
 certain Restrictions, of Persons belonging to the Tribes 
 beyond the Frontier thereof, and for regulating the 
 Manner of their Employment, as free Labourers, in 
 the Service of the Colonists (*) 
 
 WHEREAS it is desirable to offer every encouragement to 
 the profitable cultivation and closer occupancy of the 
 Lands of this extensive Colony, and for this purpose to 
 augment the amount of disposable labour, by affording 
 the greatest facility compatible with the public safety, to 
 the admission of Foreigners from the Tribes beyond the 
 Borders of the Settlement, who may be desirous of migrat- 
 ing to, and sojourning in, the Colony, and of entering into 
 the service of the Colonists as Herdsmen, Field Labourers, 
 House Servants, or in whatever capacity may be most 
 suitable to their several inclinations and abilities: And 
 whereas certain Proclamations and Ordinances, enacted 
 and promulgated in times past, prohibit the admission or 
 employment of certain of these Foreigners, under severe 
 Penalties : Be it therefore enacted, that from and after the 
 passing of this Ordinance, the Proclamation of the 27th 
 June, 1797, such part of the Proclamation of the 14th 
 May, 1812, as prohibits all intercourse with the Caffre 
 People, the Proclamation of the 8th August, 1817, and 
 that of the 28th January, 1820, shall be, and the same 
 are hereby, repealed and declared void and of no effect, 
 save and except so far as the said Proclamations and Ordij 
 nances, or any of them, repeal any former Proclamations 
 or Ordinances, or any clause, matter or thing therein 
 contained. 
 
 2. And be it further enacted, That from and after the pass- 
 ing of this Ordinance, it shall and may be lawful for the Go- 
 vernor of this Colony, for the time being, to authorise and 
 direct the admission into the Colony of any Caffres, Gonaquas, 
 Tambookies, Griquas, Bosjesmen, Bechuanas, Mantalees, Na- 
 maquas, or other Natives of the Interior of Africa, who may be 
 desirous of engaging: in the service of the Colonists, and to make 
 and publish such Rules and Regulations for, and impose such 
 Restrictions upon, the admission and engagements of such 
 Foreigners as to him may seem fit, with reference to the state 
 
 (') Allowed by the Home Government.
 
 456 
 
 No. 49. and condition of each particular Tribe, and the Districts where- 
 1828. in the Individuals are to be employed : Provided always, that 
 such Regulations and Restrictions shall not contain any thing 
 repugnant to the Provisions of this Ordinance, and that each 
 and every such Foreigner shall immediately, on receiving per- 
 mission to enter the Colony, be supplied by any Justice of the 
 Peace or Field-Cornet of the District in which such Person may 
 first enter, with a written Pass, which shall set forth the 
 Name, Sex, Age, Tribe, Height, Colour, Features, and dis 
 tinguishing Marks of each Person, the delivery of which shall 
 be duly recorded in a Book to be kept for this purpose, and the 
 counterpart of such Pass shall be forwarded to the Clerk of the 
 Peace of the District, by the first opportunity : And provided 
 further, and it is hereby enacted, that twice in each year, viz : 
 upon the 1st January and the 1st July, the Clerks of the Peace 
 of the several Districts shall furnish to the Secretary to Govern- 
 ment a List of all Passes granted by any of the Justices of the 
 Peace or Field-Cornets in their respective Districts, during; the 
 preceding six months, under the authority of the Governor for 
 the time being, as aforesaid, which Lirt shall set forth the 
 Name, Sex, Age, and Tribe of every Foreigner to whom such 
 Passes may have been granted ; and the Lists so prepared shall 
 immediately, after the receipt of the same at the Office of the 
 Secretary to Government, be laid by him before His Majesty's 
 Council, for their information. 
 
 3. And be it further enacted, That any Person who shall frau- 
 dulently transfer or procure, or cause to be transferred, from any 
 Foreigner to another, the Pass herein directed to be given to every 
 Foreigner on his or her admission into the Colony, as aforesaid, 
 Or shall wilfully deprive any such Foreigner of his or her Pass, 
 or shall unlawfully obstruct or impede any such Foreigner in his 
 or her progress to obtain a Pass, or shall forcibly detain any 
 such Foreigner in his or her service, such Person shall, upon 
 conviction thereof, be subject to a Penalty not exceeding Ten 
 Pounds ; or in default of payment thereof, to imprisonment for 
 any period not exceeding six months. 
 
 4. And be it further enacted, That it shall and may be lawful 
 for any Inhabitant of this Colony to receive into his service, sub- 
 ject to the Provisions of this Ordinance, any Caffre, Gonaqua, 
 Tambookie, Griqua, Bosjesman, Bechuana, Mantatee, Namaqua, 
 or other Foreigners as aforesaid, who shall produce and have in 
 his possession, the written Pass required by this Ordinance ; and 
 any Inhabitant of this Colony who shall admit into his or her 
 service any such Foreigner as aforesaid, who shall not at the 
 time of his or her engagement produce a written Pass as afore- 
 said, shall be subject to a Penalty of Five Pounds for every 
 such Foreigner so received into his or her service ; and in default
 
 457 
 
 of payment thereof, to imprisonment for three months : Pro- No. 49. 
 vided always, that nothing herein contained shall extend 1828. 
 to prohibit any Inhabitant of this Colony from receiving 
 into his or her house or premises any Foreigner or Foreigners as 
 aforesaid, who shall come to him or her in distress, and disabled 
 by hunger, sickness, wounds, or other bodily injury, from pro- 
 ceeding directly to a Justice of the Peace or Field-Cornet to 
 obtain a Pass: And it is further enacted, that in all such cases, 
 notice shall be given to a Justice of the Peace or Field-Cornet 
 of the number and description of the distressed Foreigners so 
 received, within one month after their arrival, under a Penalty 
 of Forty Shillings : And it is further enacted, that any relief 
 so granted shall not in any manner constitute a claim upon the 
 personal services of any Foreigner so relieved or maintained. 
 
 5. And be it further enacted, that it shall and may be lawful for 
 any Inhabitant of this Colony, to hire, or engage by any parole 
 or written Agreement, except as hereinafter provided, any 
 Caffre, Gonaqua, Tambookie, Griqua, Bosjesman, Bechuana, 
 Mantatee, Namaqua or other Foreigner as aforesaid, duly pro- 
 vided with a Pass as aforesaid, for any period exceeding one 
 Calendar month, such engagement being renewable from month 
 to month, at the option of the contracting Parties ; and any 
 such parole or written engagement, for any longer period, shall 
 be and hereby is declared to be absolutely null and void, and of 
 no effect: Provided always, and it is hereby enacted, that in 
 case any Inhabitant of this Colony, and any Foreigner as afore- 
 said, shall be mutually desirous of entering into a written Con- 
 tract for a longer period than one month, that and in such case 
 the Parties shall, together, appear before the Clerk of, the Peace 
 or any Justice of the Peace of the District in which such Inha- 
 bitant shall reside, or before such other Person residing therein 
 as shall be specially appointed by the Clerk of the Peace of his 
 District, with the approbation of the Governor for the time being 
 to countersign Contracts for Service ; or if in Cape Town and 
 the District thereof, before the Superintendant of Police ; and 
 shall in the presence of the Superintendant of Police, Clerk of 
 the Peace, or Justice of the Peace, or in presence of such other 
 Person specially appointed as aforesaid, enter into a Contract 
 for Service, on such terms as the respective Parties shall be will- 
 ing to subscribe to : Provided always, that the period 1 of such 
 Contract shall not exceed twelve Calendar months, and that it 
 shall contain a Clause or Clauses, whereby the Inhabitant $hall 
 be bound (amongst other things) to provide the Foreigner, as 
 aforesaid, and such of his or her Family as may be present with 
 him or her, sufficient Food and decent Clothing during the con- 
 tinuance of such Contract : And be it further enacted, that no 
 Liquor or Tobacco shall be admitted as payment of Money due 
 
 QQ
 
 458 
 
 No. 49. for Wages, or in any manner be charged in account against any 
 1828. such Foreigner, and that the Goods or Cattle belonging to such 
 Foreigner shall not, under any pretence whatsoever, be detained 
 at the expiration of any such Contract: Provided further, that 
 nothing herein contained shall prevent the renewal of any such 
 Contract at the expiration thereof, subject to the conditions and 
 provisos herein enacted. 
 
 6. And be it further enacted, That every such Contract shall 
 be made and executed in three parts, and countersigned by the 
 Superintendant of Police, Clerk of the Peace, Justice of the 
 Peace, or other Person specially appointed as aforesaid as the 
 case may be, one of which parts shall be given to each of the 
 contracting Parties ; and in all cases where such Contract shall 
 be executed before the Superintendant of Police or Clerk of the 
 Peace as aforesaid, the third part thereof shall be filed and 
 registered in his Office ; and in all cases where the same shall 
 be executed before the Justice of the Peace or other Person 
 specially appointed as aforesaid, an entry thereof shall be 
 made in a Book to be kept by him for the purpose, and 
 the third part of such Contract forwarded by him to the Clerk 
 of the Peace, to be filed and registered in his Office as 
 aforesaid ; and, upon the execution of such Contract, the Pass 
 of the Foreigner contracting shall be given up by him into the 
 custody of the Person before whom the Contract shall be made, 
 to be by him kept until the expiration of such Contract, and 
 then restored to the Foreigner on demand : And be it further 
 enacted, that Copies of such Registry, for the preceding six 
 months, shall be sent by the Superintendant of Police and the 
 Clerks of the Peace to the Secretary to Government, on the 
 1st of January and 1st of July, in every year, to be laid before 
 His Majesty's Council, as hereinbefore provided. 
 
 7. And be it hereby further enacted, That by the execution 
 of the Contract as aforesaid, no other Person or Persons shall 
 be bound, in any manner whatsoever, save and except the 
 Person or Persons who shall execute and be Parties to such Con- 
 tract, and such Children, being, if Males, below the age of 
 eighteen, and if Females, below the age of sixteen years, as the 
 Parents, or reputed Parents, being themselves contracting Par- 
 ties, shall cause to be inserted in such Contract, whose Sex, 
 Names, Ages, and Descriptions, shall be clearly set forth and 
 specified therein : Provided always, that nothing therein con- 
 tained shall give to any Inhabitant of the Colony any claim on 
 the services of the Children of any such Foreigner as aforesaid, 
 beyond the period for which the Parents shall be engaged, whe- 
 ther under colour of having been fed or clothed by him or her, 
 or of having been born whilst the Parent or Parents of such 
 Child or Children were in his or her service, or under any other
 
 459 
 
 pretence whatsoever ; and any Person who shall be duly con- No. 49. 
 victed of having detained any Child in his or her service, contrary 1828. 
 to the Provisions of this Ordinance, shall forfeit and pay at the 
 rate of Twenty Shillings Sterling, for each Calendar month, 
 that each and every such Child shall have been thus unlawfully 
 detained ; And be it further enacted, that every such Child shall, 
 upon conviction of the detaining Party, be forthwith removed 
 from the custody of the same, and restored to his or her Parents, 
 when the same can be found, or otherwise be provided for, as in 
 the case of Orphans or deserted Children is hereinafter mentioned. 
 
 8. And be it further enacted, That if any Caffre, Gonaqua, 
 Tambookie, Griqua, Bosjesman, Bechuana, Mantatee, Nama- 
 qua, or other Foreigner as aforesaid, shall abandon or desert, or 
 by death shall leave in a state of orphancy and destitution within 
 the Colony, any Child or Children of too tender an age to earn a 
 livelihood by labour, that then and in such case the Person or 
 Persons to whom the charge of such Child or Children shall 
 devolve, or to whom the knowledge of such cases of desertion 
 or orphancy shall come, shall immediately give notice thereof 
 to the Superintendant of Police or nearest Field-Cornet of 
 the District, in order that measures may be taken for providing 
 for the maintenance of such Child or Children, by apprentice- 
 ship until the age of eighteen years, if Males, and sixteen years 
 for Females, or for such other shorter period, or by such other 
 means, as the Superintendant of Police or Clerk of the Peace 
 of the District, by virtue of the Regulations of the Governor 
 for the time being, may be authorised to adopt : Provided 
 always, that if at any time, within two years from the date 
 of such Indenture of Apprenticeship, the Parent or Parents 
 of any Child so left destitute, or supposed to be an Or- 
 phan, shall appear before the Superintendant of Police or 
 Clerk of the Peace, by whom such Indenture shall have 
 been made, and shall prove his or her relationship to such 
 Child, that then and in such case it shall and may be lawful for 
 the Superintendant of Police or Clerk of the Peace as aforesaid, 
 and he is hereby required, to restore, or cause to be restored, 
 such Child to his or her Parent or Parents, any thing in the 
 said Indenture to the contrary notwithstanding : And if any 
 Person shall be duly convicted of having in his or her house or 
 possession, any orphan or destitute Child, for a longer period 
 than one Calendar month, without having given notice thereof 
 to the Superintendant of Police or nearest Field-Cornet as afore- 
 said, every such Person shall forfeit and pay at the rate or' 
 Twenty Shillings for each Calendar month that each and every 
 such Child shall have been in his or her possession. 
 
 9. And be it further enacted, That if any Caffre, Gonaqua, 
 Tambookie, Griqua, Bosjesman, Bechuana, Mantatee, Nama-
 
 4GO 
 
 No. 49. qua, or other Foreigner as aforesaid, shall, after residence in 
 1828. the Colony under the Provisions of this Ordinance, be desirous 
 to depart from the same, and under such or any other circum- 
 stances to leave his or her Child or Children with any Inhabi- 
 tant of the Colony, who may be willing to maintain the same, 
 that then and in such case it shall and may be lawful for such 
 Inhabitant and such Foreigner, to appear before the Clerk of the 
 Peace of the District in which such Inhabitant resides, or before 
 such other Person residing therein as shall be specially appointed 
 by him, with the approbation of the Governor for the time 
 being, or if in Cape Town before the Superintendant of Police, 
 and make a deposition to this effect, whereby the Inhabitant as 
 aforesaid shall be bound to maintain such Child or Children, 
 until claimed by their Parent or Parents, or until such Child 
 shall be of an age to maintain him or her self ; and all such 
 depositions shall be duly registered by the Superintendant of 
 Police or Clerk of the Peace, as in the case of Contracts is 
 hereinbefore directed. 
 
 10. And be it further enacted, That it shall and may he law- 
 ful for the Judges of Circuit, and they are hereby required at 
 each District Town, to call for and examine the Book or Books 
 in which the Entries and Registry of the Passes, Contracts, 
 and Depositions, required by this Ordinance shall be kept, and 
 to report the state and condition of the same, together with 
 such observations thereon as to them may seem meet, to the 
 Governor for the time being. 
 
 11. And be it further enacted, That every Caffre, Gonaqua, 
 Tambookie, Griqua, Bosjesman, Bechuana, Mantatee, Nama- 
 qua, or other Foreigner from the Interior of Africa as aforesaid, 
 who shall be admitted into the Colony for the purpose of enter- 
 ing into the service of the Colonists, and shall receive a Pass, 
 as hereinbefore directed, or who shall have been admitted into, 
 or settled therein, previously to the passing of this Ordinance, 
 shall, and his or her Child or Children shall, during the period 
 of his, her, or their sojournment within the Colony, beheld 
 amenable to the Laws thereof, and liable to such Pains and 
 Penalties for the breach of liis or her Contract of Service, or 
 any other offence, as by the Laws now in force in the Colony, 
 or hereafter to be enacted, shall be awarded. 
 
 12. And be it further enacted, That if any Caffre, Gonaqua, 
 Tambookie, Griqua, Bosjesman, Bechuana, Mantatee, Nama- 
 qua, or other Foreigner as aforesaid, shall be found without a 
 Pass, or if under Contract, without a written Authority from 
 his or her Employer, on being required by any Justice of the 
 Peace, Field-Cornet, Constable, or Landholder, to shew the 
 same ; or after receiving a Pass for the purpose of procuring 
 employment in the Colony, shall be discovered wandering without
 
 461 
 
 any certain occupation or honest means of livelihood, having No. 49. 
 received his or her Pass as aforesaid, or having been absent 1828. 
 from his or her last employer for a longer period than fourteen 
 days, then, in any and in each of such cases, it shall and may 
 be lawful for the Justice of the Peace, Field-Cornet, Constable, 
 or Landholder, immediately to apprehend and convey such 
 Person to the Resident Magistrate of the District, who shall 
 inquire summarily into the case ; and if such Foreigner be under 
 Contract of Service, shall forthwith direct him or her to be 
 returned to the service of his or her Employer, or shall place 
 such person with his or her consent, in the employment of 
 some creditable Inhabitant, under Contract of Service, for 
 twelve Calendar months, in the manner hereinbefore cited, or 
 shall otherwise cause him or her to be removed beyond the 
 Limits of the Colony, resuming any Pass that may be found in 
 his or her possession, and notifying, or causing to be noted, 
 such removal in the Registry of the District wherein the Pass 
 was originally granted ; and if any Foreigner, so removed 
 beyond the Limits of the Colony, shall return again and be 
 found wandering within the same, such Person shall, on con- 
 viction thereof, be sentenced to imprisonment, with hard labour, 
 for any period not exceeding twelve Calendar months. 
 
 13. And whereas certain Mantatees, Bosjesmen, and other 
 Foreigners from the Interior of Africa, have at different times 
 been apprenticed in this Colony under the authority of Govern- 
 ment ; Be it therefore enacted, that all such Indentures shall 
 continue in force until the full completion thereof, any thing in 
 this Ordinance to the contrary notwithstanding ; and that from 
 and after the expiration of such Contracts, all the Persons so 
 contracted, and their Children, shall be furnished with the Pass 
 required under this Ordinance, and shall thenceforward become 
 subject to the Provisions hereof: And be it further enacted, 
 that whenever any such Apprentice shall be removed from his 
 or her Master by order of a Magistrate, or by sentence of a 
 competent Court, on account of ill treatment or other sufficient 
 cause, such Person, if a Male of about eighteen, or a Female 
 of about sixteen years, shall not be transferred by Indenture to 
 the service of another Employer, but shall be provided with the 
 Pass required by this Ordinance, and shall thenceforward be- 
 come subject to the provisions thereof. 
 
 14. And whereas by ihe Proclamation of the 8th day of 
 August 18 17, herein repealed, provision was made for the Ap- 
 prenticeship of the Children of Bosjesmen, who shall have been 
 left by their Parents, with such Farmers, as from compassion, were 
 willing to maintain them until reclaimed by their Parents : Be it 
 therefore enacted, that from and after the passing of this Ordi- 
 nance, any Inhabitant of this Colony who shall receive a Child 
 
 QQ 2
 
 462 
 
 No. 49. or Children of a Bosjesman, under the afore-recited or any 
 1828. other circumstances, shall forthwith report the same to a Field- 
 Cornet of the District wherein such Inhabitant resides, in order 
 that such Child or Children may be indentured to him or her, 
 upon the same terms and conditions, and for the same period of 
 time, as is hereinbefore provided in the case of Orphans or de- 
 serted Children : and any Person who shall neglect to give such 
 notice within one month after receiving such Child or Children , 
 shall, on conviction thereof, be subject to a Penalty of Twenty 
 Shillings for each Calendar month, that each and every such 
 Child shall have been in his or her possession. 
 
 15. And be it further enacted, That it shall and may be law- 
 ful for any Caffre, Gonaqua, Tambookie, Griqua, Bosjesman, 
 Bechuana, Mantatee, Namaqua, or other Foreigner as afore- 
 said, duly provided with a Pass, under the Provisions of this 
 Ordinance, to repair to and reside at any of the Missionary 
 Stations within the Colony, by permission of the Resident Mis- 
 sionary thereof. 
 
 16. And be it further enacted, That if any Person shall' wil- 
 fully and fraudulently detain as a Slave any such Foreigner as 
 aforesaid, of whatever sex or age, or dispose of the same as a 
 Slave, by Sale or otherwise, or cause any such Foreigner to be 
 registered as a Slave, such Person shall, upon conviction thereof, 
 be sentenced to transportation for seven years. 
 
 17. And be it further enacted, That all offences against this 
 Ordinance, subject to no higher punishment than fine or impri- 
 sonment, with or without hard labour, shall be cognizable by 
 the Court of the Resident Magistrate of the District or Place in 
 which such offences shall be committed ; and that all Fines 
 levied by reason thereof shall be given, one half to the Informer, 
 and one half to the Colonial Treasury. 
 
 God save the King. 
 
 Given at the Cape of Good Hope, 14th July 1828. 
 By Command of His Honor the Lieutenant-Governor, 
 
 (Signed) John Bell, Acting Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) Thomas Miller, Acting Clerk of the Council.
 
 463 
 
 No. 50. Signed, Rich. Bourke. 
 
 Ordinance for improving the Condition of Hottentots 
 and other free Persons of colour at the Cape of Good 
 Hope, and for consolidating and amending the Laws 
 affecting those Persons. (*) 
 
 WHEREAS certain Laws relating to and affecting the Hot- 
 tentots and other free Persons of colour, lawfully residing 
 in this Colony, require to be consolidated, amended, or 
 repealed, and certain obnoxious usages and customs, which 
 are injurious to those Persons, require to be declared 
 illegal and discontinued: Be it therefore enacted, by His 
 Honor the Lieutenant-Governor in Council, That from 
 and after the passing of this Ordinance, the Proclamations 
 of the 16th day of July, 1787, 9th day of May, 1803, 
 1st day of November 1809, 23d day of April, 1812, 
 9th day of July, 1819, and 23d day of May, 1823, shall 
 be, and the same are hereby, repealed : Provided always, 
 that nothing herein contained shall extend to affect or 
 annual any Contracts or Indentures entered into prior to 
 the passing of this Ordinance, by virtue of the Procla- 
 mations aforesaid, nor to release the Master or Employer 
 of any contracted Servant or Apprentice from any of the 
 Provisions of those Proclamations relating to the Treat- 
 ment, Payment, Food, Clothing, and Instruction of the 
 said Servants and Apprentices, nor from any Fines and 
 Penalties which may be imposed on any such Master or 
 Employer for the breach thereof. 
 
 2. And whereas by usage and custom of this Colony, Hotten- 
 tots and other free Persons of colour have been subjected to 
 certain restraints as to their residence, mode of life, and em- 
 ployment, and to certain compulsory services to which others 
 of His Majesty's Subjects are not liable: Be it therefore 
 enacted, that from and after the passing of this Ordinance, no 
 Hottentot or other free Person of colour, lawfully residing in 
 this Colony, shall be subject to any compulsory service to which 
 other of His Majesty's Subjects therein are not liable, nor to 
 any hindrance, molestation, fine, imprisonment, or punishment 
 of any kind whatsoever, under the pretence that such Person 
 has been guilty of vagrancy or any other offence, unless after 
 trial in due course of Law ; any custom or usage to the con- 
 trary in any wise notwithstanding. 
 
 3. And whereas doubts have arisen as to the competency 
 of Hottentots and other free Persons of colour to purchase or 
 
 (') Allowed by order of the King in Council, 15th January 1820, infra.
 
 464 
 
 No. 50. possess Land in this Colony : Be it therefore enacted and de- 
 1828. clared, That all Grants, Purchases, and Transfers of Land or 
 other Property whatsoever, heretofore made to, or by any Hot- 
 tentot or other free Person of colour, are, and shall be, and the 
 same are hereby declared to be, of full force and effect, and that 
 it is, and shall, and may be, lawful for any Hottentot or other free 
 Person of colour, born, or having obtained Deeds of Burgher- 
 ship, in this Colony, to obtain and possess by Grant, Purchase, 
 or other lawful means, any Land or Property therein, any Law, 
 custom, or usage to the contrary notwithstanding. 
 
 4. And whereas it is expedient to protect ignorant and un- 
 wary Hottentots and other free Persons of colour as aforesaid 
 from the effects of improvident Contracts for Service : Be it 
 therefore enacted, that it shall not be lawful for any Person 
 within this Colony, to hire or engage by any parole or written 
 Agreement, (except as hereinafter provided,) any Hottentot or 
 other free Person of colour as aforesaid, for any period exceed- 
 ing one Calendar month, such Engagement being renewable 
 from month to month, or for any shorter period, at the option of 
 the contracting Parties; and any parole or written Engagement 
 for any longer period, (except as hereinafter provided,) shall 
 be, and be continued to be, of the same force and effect, as if 
 the same had been entered into for one month only. 
 
 5. And be it further enacted, That in case any Person within 
 this Colony, and any Hottentot or other free Person of colour, 
 as aforesaid, shall be mutually desirous of entering into a writ- 
 ten Contract for a longer period than one month, that then and 
 in such case the parties shall appear together before the Super- 
 intendent of Police, or any Clerk of the Peace, or any Justice of 
 the Peace, not being a Resident Magistiate, or before any Per- 
 son specially appointed by the Clerk of the Peace of his Dis- 
 trict, with the approbation of the Governor for the time being, 
 to countersign Contracts of Service, and shall, in the presence 
 of the Superintendent of Police, Clerk of the Peace, or Justice 
 of the Peace, or in presence of such other Person specially ap- 
 pointed as aforesaid, enter into any Contract for Service, on 
 such terms as the respective Parties shall be willing to subscribe 
 to : Provided always that the period of such Contract shall not 
 exceed twelve Calendar months ; and that in all such Contracts, 
 wherein it shall not be expressly provided that the Person with 
 whom any Hottentot or free Person of colour enters into Con- 
 tract, is not to supply Food and Lodging, such Person shall be 
 understood to have engaged to provide the Hottentot or other 
 free Person of colour as aforesaid, and such of his or her Fa- 
 mily as shall be included in the Contract in manner hereinafter 
 mentioned, with Lodging and sufficient Food of good and whole- 
 some quality, during the continuance of such Contract. And
 
 465 
 
 be it further enacted, that no Liquor or Tobacco shall be ad- No. 50. 
 raitted as payment of Money due for Wages, or in any manner 1828. 
 be charged in account against any such Hottentot or free Person 
 of colour ; and that the Goods or Cattle belonging to any such 
 Person, shall not, under any pretence whatsoever, he detained 
 at the expiration of any such Contract, unless hy Sentence of a 
 competent Court, or due legal Process : and provided further, 
 that nothing herein contained shall prevent the renewal of any 
 such Contract at the expiration thereof, in the manner and sub- 
 ject to the conditions and provisos hereinbefore enacted. 
 
 6. And be it further enacted, That every such Contract shall 
 be made and executed in three parts, countersigned by the 
 Superintendant of Police, Clerk of the Peace, Justice of the 
 Peace, or other Person specially appointed as aforesaid, as the 
 case may be, one of which parts shall be given to each of the 
 contracting Parties : and in all cases where such Contract shall 
 be executed before the Superintendant of Police, or Clerk of the 
 Peace as aforesaid, the third part thereof shall be filed and regis- 
 tered in his Office ; and in all cases where the same shall be 
 executed before any Justice of the Peace, or other Person spe- 
 cially appointed as aforesaid, an entry thereof shall be made in 
 a Book to be kept by him for that purpose, and the third part 
 of such Contract forwarded by him to the Clerk of the Peace of 
 the District, to be filed and registered in his Office as aforesaid. 
 
 7- And be it further enacted, That in the case of any Com- 
 plaint for non-payment of Wages due, and payable by virtue 
 of ary parole Contract for one month, or for any shorter period, 
 being brought before any Resident Magistrate, Justice or Jus- 
 tices of the Peace, or other competent Court, by any Hottentot 
 or other free Person of colour as aforesaid, and that the Rate 
 of Wages at which such parole Contract was made shall not be 
 proved to the satisfaction of the Court, it shall and may be 
 lawful for the Judge or Magistrate before whom the cause is 
 heard, and he is hereby required, to fix the Rate of Wages at 
 that usually paid in the District or Place in which the said 
 Contract was made, and to give a Decree accordingly; and if 
 any plea of payment of the whole or part of the Wages claimed 
 by any Hottentot or other free Person of colour as aforesaid, 
 shall be set up by the Person with whom such Hottentot or 
 other free Person of colour served, whether such payment shall 
 be alleged to have been in Money, or in Cattle, Food, or 
 Clothing, such payment shall not be allowed in account, unless 
 proved to have been made by the Oath of a competent Witness, 
 not being the Defendant in such cause; and when such payment 
 has been made in kind, the Prices charged for the several 
 Articles shall in like manner be proved to be fair and reasonable. 
 
 8. And be it further enacted, That all Contracts of Hiring,
 
 466 
 
 fo. 50. affecting to bind the Wife or reputed Wife of any contracting 
 1828. Hottentot or free Person of Colour as aforesaid, shall be executed 
 by her; and that it shall and may be lawful for the Parent or 
 Parents, of any Child or Children under the age of eighteen 
 years, to contract as aforesaid, for the service of such Child or 
 Children, together with their own ; and the names and ages of 
 such Child or Children shall be clearly set forth and specified 
 iu the Contract : Provided always, that nothing therein con- 
 tained shall t>5ve to the Employer of such Parents any claim on 
 the services of the said Children beyond the period for which 
 the Parents themselves shall be engaged, nor to the services of 
 any other Child or Children of the contracting Parent or Parents 
 whether under colour of such last mentioned Child or Children 
 having been fed or clothed by their Employer, or having been 
 born whilst the Parent or Parents of such Child or Children 
 were in the said Employer's service, or under any other pretence 
 whatsover ; and any Person who shall be duly convicted of de- 
 taining any Child in his or her service, contrary to the Provi- 
 sions of this Ordinance, or in any manner of withholding or caus- 
 ing to be withheld, any Child from his or her Parents or reputed 
 Parents, shall forfeit and pay at the rate of Twenty Shillings for 
 each Calendar month, that each and every such Child shall have 
 been thus unlawfully detained. And be it further enacted, that 
 every such Child shall, upon conviction of the detaining Party, 
 be forthwith removed from his or her custody, and restored to 
 his or her Parent or Parents, when the same can be found, or 
 otherwise apprenticed by the Superintendant of Police or Clerk 
 of the Peace of the District, to some respectable Inhabitant, 
 until the age of eighteen, if a Male, and sixteen years, if a 
 Female, or until claimed by his or her Parents. 
 
 9. And be it further enacted, That on the Death of any 
 Hottentot or other free Person of colour, being with his Wife 
 or reputed Wife and Children, under Contract as aforesaid, the 
 Contract shall become null and void, in respect to such Wife 
 and Children, at the expiration of one month after the Death 
 of such Hottentot or other free Person of colour. 
 
 10. And be it further enacted, That it shall and may be law- 
 ful for any Hottentot or any other free Person of colour, enter- 
 ing into any parole or written Contract of Service as aforesaid, to 
 keep his or her Children on the Premises of his or her Employer, 
 without contracting them : Provided that in every written Con- 
 tract the number and names of such Children shall be set forth ; 
 and it shall not be lawful for the Employer to claim the labour 
 or service of such uncontracted Children, by reason of their 
 residence thereon. 
 
 11. And be it further enacted, That it shall and may be 
 competent to any Hottentot or other free Person of colour as
 
 467 
 
 aforesaid, being of the full age of eighteen years, to enter into No. 50. 
 any Contract for Service in manner hereinbefore directed. 1828. 
 
 J2. And be it further enacted, That it shall and may be law- 
 ful for any Hottentot or other free Person of colour as afore- 
 said, to apprentice out any of his or her Children for the term 
 of seven years, or for any shorter period, or until such Child 
 shall have reached the age of eighteen, if a Male, and of sixteen 
 years, if a Female, whichever shall soonest happen : Provided 
 always, that all Indentures of such Apprenticeship, shall be 
 executed in the manner hereinbefore directed for yearly Con- 
 tracts of Service, and shall duly provide for the maintenance, 
 clothing, and instruction of every such Apprentice. 
 
 13. And be it further enacted, That if any Hottentot or other 
 free Person of colour, contracted by any parole or written En- 
 gagement as aforesaid, shall abandon or desert, or by death 
 shall leave in a state of orphaucy and destitution upon the Pre- 
 mises of his or her Employer, any Child or Children being, if 
 Males, below the age of eighteen, and if Females, below the 
 age of sixteen years, that then and in such case, the Person or 
 Persons with whom such Child or Children shall be left, shall 
 with all convenient speed deliver the same to the Superintendant 
 of Police, Clerk of the Peace, or nearest Field-Cornet in the 
 District, in order that measures may be taken for providing for 
 the maintenance and education of such Child or Children, by 
 apprenticeship in manner hereinafter mentioned. And if any 
 Person shall be duly convicted of detaining in his or her posses- 
 sion or employment, any such destitute Child as aforesaid, for 
 a longer period than one Calendar month, every such Person 
 shall forfeit and pay at the rate of Twenty Shillings for each 
 Calendar month, that each and every such Child shall have 
 been in his or her possession or employment. 
 
 14. And be it further enacted, That whenever any orphan or 
 destitute Child as aforesaid, shall be given up to the care of the 
 Superintendant of Police, in manner hereinbefore mentioned, 
 such Child shall be placed by the Superintendant of Police in 
 the Town Somerset Hospital, or other convenient place, and 
 shall, when a suitable opportunity is found, be apprenticed out 
 to some fit and proper Person, if a Male, until his eighteenth, and 
 if a Female, until her sixteenth year ; and any orphan or destitute 
 Child as aforesaid, who shall be given up to any Field-Cornet, 
 in manner hereinbefore mentioned, shall be removed with all 
 convenient speed to the District Town, and delivered over to 
 the Clerk of the Peace, who shall place such Child in some fit 
 place of safety, and subsequently apprentice such Child in man- 
 ner hereinbefore mentioned : Provided always, that the said 
 Superintendant of Police and Clerk of the Peace shall give the 
 preference to the nearest Relatives of such Children, in all cases 
 where any such Relatives shall be found inclined and competent 
 to take the said Children as Apprentices.
 
 468 
 
 o. 50. 15. And whereas divers Hottentots, Prize Negroes, and 
 1828. Negresses, and other Free Persons of colour, have at different 
 times been contracted for service and apprenticed in this Colony, 
 under the authority of certain Orders and Proclamations in that 
 behalf; and whereas it is expedient, that the Children of such 
 Persons should not be bound thereby : Be it therefore enacted, 
 that from and after the passing of this Ordinance, it shall not 
 be lawful for the Master or Employer of any such Hottentot, 
 Prize Negro or Negress, or other free Person of colour, to 
 detain in his or her service the uucontracted or unindentured 
 Child or Children of any such Person, unless the Child 
 or Children being, if Males, below the age of eighteen, 
 if Females, below the age of sixteen years, the Parent or 
 Parents shall consent thereto ; and it shall not be lawful for 
 any Master or Employer as aforesaid, to remove any such Child 
 or Children from the Parent or Parents, unless by consent as 
 aforesaid. 
 
 16. And whereas the Children of Hottentots and other free 
 Persons of colour ha v e been apprenticed until the age of 
 eighteen years, or for other term, under the authority of the 
 Proclamations of the 23d day of April 1812, the 9th day of 
 July 1819, and other Proclamations made in that behalf, and 
 the Children of Prize Negresses have been apprenticed by 
 virtue of the Proclamation of the 23d day of May 1823; and 
 whereas many of the said Apprentices have Parents or near 
 Relatives capable of bringing them up honestly and decently, 
 and affording them instruction: Be it therefore enacted, that 
 whenever any Apprentice as aforesaid, shall be removed from 
 his or her Master, by Sentence of any competent Court or 
 Magistrate, on account of ill treatment or other sufficient cause, 
 or by any other lawful means, such Apprentice shall not be 
 transferred to a new Master, but shall be restored to his or 
 her Parents or Relatives, if any such there be, who shall be 
 found willing to take charge of his or her maintenance and 
 education ; and if the Parents or Relatives of any such Ap- 
 prentice shall not be found, or shall not be able or willing to 
 undertake such charge, then the Apprentice shall be trans- 
 ferred to a new Master, for the unexpired term of the Indenture, 
 or, if a Male, until the age of eighteen, and if a Female, until 
 the age of sixteen years, whichever shall soonest happen. 
 
 17- And whereas it is expedient to apply the Remedies and 
 Provisions hereinafter contained, as well to the case of Hotten- 
 tots and free Persons of colour, lawfully residing in this Colony 
 as aforesaid, as to the case of Foreigners admitted therein, 
 under and by virtue of an Ordinance, No. 49, bearing date the 
 14th day of'July 1828, " For the Admission into this Colony, 
 " under certain Restrictions, of Persons belonging to the Tribes 
 tf beyond the Frontier thereof, and for regulating the Manner
 
 469 
 
 " of their employment, as free Labourers, in the Service of the No.50 
 <: Colonists," be it further enacted, that every Person, retaining 1828. 
 in his or her employment any Hottentot or other free Person of 
 colour, shall give notice to the nearest Field-Cornet, or, if in 
 Cape Town or the District thereof, to the Superintendant of 
 Police, of the Death of any of the said Persons, or of the Death 
 of any of the Children or Relatives of the said Persons residing 
 on his or her Premises, setting forth their several names and 
 ages ; and shall in like manner give notice of any Births that 
 shall take place in the Families of the said Persons, setting forth 
 whether the Child be male or female, the Mother's name, and 
 the name by which such Child is intended to be called ; and 
 any Employer who shall neglect to give notice of any Birth or 
 Death occurring in his or her service, or on his or her Premises 
 as aforesaid, shall forfeit and pay the Sum of Ten Shillings 
 Sterling, for every Birth or Death neglected to be so reported. 
 
 18. And be it further enacted, That every Field-Cornet of 
 every Division shall make a Half-yearly Return, to the Civil 
 Commissioner of the District, of the Births and Deaths of all 
 Hottentots and other free Persons of colour within his Division. 
 
 19. And be it further enacted, That from and after the pass- 
 ing of this Ordinance, all Disputes or Complaints between Mas- 
 ters and Mistresses and their Servants, being Hottentots or free 
 Persons of colour, hired or contracted under the Provisions of 
 this Ordinance, or under the Provisions of the said recited Or- 
 dinance, No. 49, dated the 14th day of July 1828, shall and 
 may be heard and determined by the Resident Magistrate of the 
 District or Place where such Master or Mistress shall inhabit ; 
 and shall and may be heard and determined by one or more 
 Justice or Justices of the Peace of such District or Place : Pro- 
 vided always, that no Justice of the Peace shall have jurisdiction 
 in any case" of complaint for non-payment of Wages, when the 
 matter in dispute shall exceed the Sum of Twenty Shillings 
 Sterling. 
 
 20. And be it further enacted, That where such Dispute or 
 Complaint shall be brought before any such Justice or Justices 
 of the Peace, by any such Servant, the said Justice or Justices 
 shall and may summon the Master or Mistress complained of, 
 to appear personally before him or them, at a reasonable time 
 set forth in such Summons; and such Justice or Justices shall 
 and may inquire into and hear and determine the matter of such 
 Dispute or Complaint, whether the said Master or Mistress 
 shall appear before the said Justice or Justices or not, proof 
 having been made on Oath of his or her having been duly 
 summoned ; and the said Justice or Justices shall and may 
 examine, on Oath, any such Master or Mistress, or Servant, 
 or any other Witness or Witnesses, touching, any Dispute or 
 
 R R
 
 470 
 
 ^0.50. Complaint brought before him or them as aforesaid, and shall 
 1828. make such order therein as the case shall require. 
 
 21. And be it further enacted, That, if upon the Complaint 
 of any Master or Mistress, touching any misdemeanor or ill 
 behaviour of any such Servant, in his or her service or employ- 
 ment, the said Resident Magistrate or Justice or Justices of the 
 Peace shall adjudge the same to be true, then it shall and may 
 be lawful for the said Resident Magistrate or Justice or Justices 
 of the Peace, to punish the said Offender by commitment to any 
 Gaol or House of Correction in his District, to be held to hard 
 labour, for any time not exceeding one Calendar month, or 
 otherwise by abating some part of the Wages of such Offender, 
 not exceeding one month's Wages for any one offence, or by 
 discharging him or her from the said service, with the consent of 
 the said Master or Mistress, as the said Resident Magistrate, 
 Justice or Justices shall see fit. 
 
 22. And be it further enacted, That, if upon the Complaint 
 of any such Servant against his or her Master or Mistress, 
 touching any ill usage, refusal of necessary Provisions, (where 
 the same are agreed to be supplied,) or other ill treatment, the 
 said Resident Magistrate, or Justice or Justices of the Peace 
 shall adjudge the same to be true, then it shall and may be law- 
 ful for the said Resident Magistrate, or Justice or Justices of 
 the Peace, to discharge such Servant from his or her service or 
 employment, (which discharge shall he given under the Hand 
 of such Resident Magistrate, Justice or Justices, without charge,) 
 and further shall and may order all Wages then due to such 
 Servant, to be paid by the said Master or Mistress; Provided 
 always, that nothing herein contained shall extend to deprive 
 such Servant of any remedy, by Action in any competent Court, 
 for the recovery of damages for any injury such Servant may 
 have sustained by the ill treatment of his or her Master or 
 Mistress. 
 
 23. And be it further enacted, That, when the Order of the 
 said Justice or Justices shall be for the payment, by any Master 
 or Mistress, of any Sum of Money to such Servant, and that the 
 same shall not be paid within the space of twenty-one days next 
 after the date of such Order, it shall and may be lawful for the 
 said Justice or Justices, to issue forth his or their Warrant, to 
 levy the same by Distress and Sale of his or her Goods and 
 Effects; and the said Warrant shall and may he directed to any 
 Constable or Officer of Police within the District of the said 
 Justice or Justices ; and the said Constable or Officer of Police 
 is hereby empowered and required, upon sight thereof, to 
 execute the same ; and it shall and may be lawful for the said 
 Constable or Officer, to sell by way of Auction, without taking: 
 out any Licence for that purpose, all such Goods as shall be
 
 471 
 
 taken by virtue of any such Warrant, and to be sold in cxecu- No. 50. 
 tion thereof; any Law or .Ordinance to the contrary hereof 1828. 
 notwithstanding ; and the said Constable or Officer shall render 
 the overplus, if any, after payment of the said Sum of Money 
 and the Cost and Charges of such Distress and Sale, to the 
 said Master or Mistress. 
 
 24. And be it further enacted, That where it shall be made 
 to appear to the satisfaction of such Resident Magistrate, or 
 Justice or Justices of the Peace, that any such Servant, lodg- 
 ing or making any Complaint as aforesaid, is poor and unable 
 to pay the Costs of any Summons or Process, or the execution 
 thereof, then the said Resident Magistrate, or Justice or Jus- 
 tices shall cause the said Summons or Process to be issued and 
 executed free of all Charge and Expense whatsoever ; and if 
 upon the investigation of the said Complaint, the said Resident 
 Magistrate, or Justice or Justices, shall find and adjudge the 
 same to be vexatious and untrue, then it shall and may be law- 
 ful for the said Resident Magistrate or Justice or Justices, if he 
 or they think fit, by Warrant under his or their Hand, to com- 
 mit the said Complainant to Gaol, with hard labour, for any 
 time not exceeding fourteen days. 
 
 25. And be it further enacted, That all Fines, levied for any 
 breach of the Provisions of this Ordinance, shall be given, one 
 half to the Informer, and one half to the Colonial Treasury. 
 
 God save the Kiny ! 
 Given at the Cape of Good Hope, 17th July 1828. 
 
 By Command of His Honor the Lieutenant-Governor, 
 (Signed) John Bell, Acting Sec. to Govt. 
 
 By Order of the Council, 
 (Signed) Thomas Miller, Acting Clerk of the Council. 
 
 At the Court at Windsor, \bth January 1829, present 
 the KING'S ffu?< Excellent Majesty in Council. 
 
 WHEREAS there was this Day laid before His Majesty, in His 
 Privy Council, a certain Ordinance of the Lieutenant-Governor 
 of the Colony of the Cape of Good Hope, made with the advice 
 of the Council of Government of that Colony, which Ordinance 
 is in the following words, that is to say, &c. &c. : 
 
 His Majesty is graciously pleased, by and with the advice and 
 consent of His Privy Council, to order, and it is hereby ordered, 
 that the said Ordinance shall be, and the same is hereby, ratified, 
 confirmed, and allowed, and finally enacted ; and for the pre-
 
 472 
 
 vention of any doubt which might arise upon the construction 
 of the said Ordinance, His Majesty is further pleased with the 
 advice aforesaid, to declare, and it is hereby ordered and declared, 
 that all Hottentots and other free Persons of colour lawfully resid- 
 ing within the said Colony are, and shall be in the most full and 
 ample manner entitled to all and every the rights, privileges, 
 and benefits of the Law, to which any other His Majesty's subjects, 
 lawfully residing within the said Colony, are or can be entitled ; 
 Provided always, that nothing herein-contained shall be con- 
 strued to abrogate or annul the Provisions made by the said 
 Ordinance for the good Government of such Hottentots, or 
 such free Persons of Colour or any of those Provisions. 
 
 And it is hereby further ordered, that it shall not be lawful 
 for any Person within the said Colony, to whom any Hottentot, 
 or free Person of colour, hath been apprenticed, or to whom any 
 such Hottentot or free Person of colour hath entered into any 
 Contract of Service, to detain or take in Execution the Person 
 of any such Hottentot, or of any such free Person of colour, for 
 or by reason of any Debt, due and owing, or alleged to be due 
 and owing to any such Master or Employer, by any such Hot- 
 tentot or free Person of colour. 
 
 And it is hereby further ordered, That this present Order, and 
 the Ordinance hereby confirmed, shall not in any wise be altered, 
 repealed, or amended by any Law or Ordinance to be hereafter 
 made by the Governor, or the Officer administering the Govern- 
 ment of the said Colony, with the advice of the Legislative 
 Council thereof, unless such Ordinance shall have been first aud 
 expressly ratified, confirmed, and allowed by His Majesty, with 
 the advice of His Privy Council, and that every such Ordinance 
 or pretended Ordinance, until so ratified, confirmed, and allowed, 
 shall be void and of no effect, and shall not be enforced or car- 
 ried into execution by any of His Majesty's Courts, Judges, 
 Justices, Officers, and others within the said Colony. 
 
 And the Right Honorable Sir George Murray, one of His 
 Majesty's Principal Secretaries of State, is to give the necessary 
 directions herein accordingly. 
 
 C. Greville. 
 
 END OF VOL. I. 
 
 NOTE. It was originally intended that this Book should have appeared 
 in one volume ; but its unexpected hulk has rendered two volumes un- 
 avoidable. The second volume, which will contain the Index, will bo 
 published as speedily as possible. 
 
 Government Gasetle" Office, 
 Cape Town.
 
 UNIVERSITY OF CALIFORNIA LIBRARY 
 
 Los Angeles 
 
 This book is DUE on the last date stamped below. 
 
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