consist of one chief justice and six puisne judges instead of five as heretofore, the additional judge being the recorder for the time being of Griqualand West. III. In lieu of any right of appeal which may, under and by virtue of the 10th and 11th sections of the said Act No. 39 of 1877, exist at the time of such annexation as aforesaid to the supreme court of this colony, such appeal shall be made, in the first instance to the court of appeal of this colony instead of the said supreme court, and all and singular the provisions of the said Act No. 5 of 1879, contained in the sections numbered eleven to twenty-nine inclusive, shall apply, mutatis mutandis, to the said high court, precisely as if the said high court had been therein mentioned instead of the eastern districts court. [Etc.] P.R.O., C.O. 50/6. MARRIAGE LICENSES. [14 June 1882.] No. 9 of 1882. No. 85. Act. To regulate the Issue of Licenses for the Solemnization of Marriages, and to Abolish Matrimonial Courts. II. [Courts of Resident Magistrates substituted for Matrimonial Courts.] III. [Magistrates may grant marriage licenses.] [Etc.] P.R.O., C.O. 50/7. THE DUTCH LANGUAGE IN THE COURTS OF LAW. [Promulgated 25th July 1884.] No. 21 of 1884. No. 86. Act. To sanction the use of the Dutch Language equally with the English in Courts of Justice. WHEREAS it is expedient to afford facilities for the use of the Dutch language equally with the English in courts of justice and in legal proceedings: Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative. Council and House of Assembly thereof, as follows: I. Notwithstanding anything contained in the Charter of Justice or in the Act No. 20 of 1856, or in any other statutory enactment having the force of law in the colony, the judges of the superior courts of justice may, and resident magistrates, special justices of the peace, and field-cornets shall, allow the use of the Dutch language equally with the English language at the hearing of any suits, cases, or enquiries, civil or criminal, in their respective courts when requested so to do by any of the parties to such suits or other proceedings; and upon such allowance it shall be lawful for either of the parties to such suits, cases, or other proceedings, or their respective counsel, attorneys, or agents to use either the English or Dutch language in the conduct of their cases before such courts. 2. Whenever any divisional council shall by a majority of its members, resolve at a meeting duly convened for that purpose; or whenever no fewer than one-third of the voters registered for parliamentary elections in any division shall in writing, by petition, apply to the Governor to order the issuing of summonses, notices, and documents referred to in any summons, in all suits brought in any of the courts within such division, in the Dutch as well as in the English language, it shall be lawful for the Governor in either of the cases beforementioned by proclamation in the Gazette to grant such order. 3. This Act may be cited as " The Dutch Language Judicial Use Act, 1884." No. 87. P.R.O., C.O. 50/7. THE LAW RELATING TO JURORS. Act. To amend the Law relating to Jurors. WHEREAS it is provided by the sixteenth section of Ordinance No. 84, that no person shall be put on trial on any indictment at any criminal session of the Supreme Court unless the bill of such indictment shall first have been presented to a Grand Jury, and shall have been returned by them a true bill : and whereas this provision does not extend to criminal trials other than those in the Supreme Court, and has been found in practice to be inconvenient and unnecessary in the Supreme Court and whereas it is expedient to amend the law relating to giving publicity to jurors' lists: Be it enacted by the Governor of the Cape of Good Hope, by and with the advice of the Legislative Council and House of Assembly thereof, as follows: 1. The sixteenth and seventeenth sections of the said Ordinance No. 84 and all other laws or rules of court relating to the attendance and service of grand juries at the criminal sessions of the Supreme Court, are hereby repealed: Provided that nothing herein contained shall be deemed to dispense 1 Cf." The Jury Act," No. 22 of 1891 below, and Act No. 35 of 1904, not printed. with the necessity of lists of grand jurors being made out as heretofore for the purpose of selecting juries in civil cases as provided by Act No. 30 of 1874, or to alter the law which renders grand jurors whose names appear in such list liable to serve as petty jurors in the Supreme Court. 2. So much of the seventh section of the said Ordinance as requires that a copy of the jurors' list shall annually be affixed to the principal door of every church, chapel, or other place of public worship in a certain portion of such district, shall be and is hereby repealed. 3. This Act may be cited as the " Jurors' Law Amendment Act, 1885." P.R.O., C.O. 50/7. APPEAL COURT AND SHERIFF'S DUTIES ACT. No. 17 of 1886.1 No. 88. Act. To amend the Law relating to Appeals and Duties of the Sheriff, and to make more convenient provision regarding Legal Process in certain Cases. [Preamble.] I. From and after the passing of this Act the Court of Appeal shall cease to exist, and all and singular the powers, duties, and authorities conferred upon the said Court of Appeal by Act No. 5 of 1879, Act No. 40 of 1882, or any other Act of Parliament, shall be vested in the Supreme Court of the Colony. 2. [Appeals to the Supreme Court to be heard before not less than three Judges, one of whom shall be the Chief Justice of the Colony.] 3. [Puisne Judges assigned to the Supreme Court to remain so.] 4. In case any appeal shall be heard before the Supreme Court against the unanimous judgment of the full Eastern Districts Court or High Court of Griqualand, such judgment shall be affirmed unless three or more of the Judges sitting in appeal shall concur in reversing or varying the same. 5. It shall be lawful for the prosecutor or defendant in any criminal suit, which shall be brought in appeal or review before the Eastern Districts Court, High Court of Griqualand, or any Circuit Court, from any inferior court, to appeal to the Supreme Court against the judgment of the said Eastern Districts Court, High Court of Griqualand, or Circuit Court, as the case may be. 1 Cf. Act No. 35 of 1896, not printed. 6-12. [Provisions for the seizing and sale of property by the Sheriff in execution of a decree of court.] 13. [Judges of Supreme Court may make rules and orders for Courts of Resident Magistrates.] 14. The following shall be added as a proviso to the second section of Act No. 21 of 1884: "Provided, however, that if it shall appear to the officer issuing any such process as aforesaid, either from his personal knowledge or otherwise, that the person upon whom the same is intended to be served is sufficiently acquainted with the English language to understand the purport of such process, or is not sufficiently acquainted with the Dutch language to understand the purport of such process if it be drawn in the Dutch language, then it shall not be necessary to issue such process in the Dutch language as well as the English language." 15. This Act may be cited as the "Appeal Court and Sheriff's Duties Act, 1886." P.R.O., C.O. 50/7. THE DUTCH LANGUAGE JUDICIAL USE AMENDMENT ACT. [Promulgated 17th August 1888.] No. 15 of 1888. No. 89. Act.-To amend "The Dutch Language Judicial Use Act, 1884." Be it enacted by the Parliament of the Cape of Good Hope, in Parliament assembled, as follows: I. In addition to the proviso set forth in the fourteenth section of the Act No. 17 of 1886, there shall be added the following proviso to the second section of Act No. 21 of 1884: "Provided, further, that if it shall appear to the officer issuing any such process as aforesaid, either from his personal knowledge or otherwise, that the person upon whom the same is intended to be served is sufficiently acquainted with the Dutch language to understand the purport of such process if drawn in that language, or is not sufficiently acquainted with the English language to understand the purport of such process if it shall be drawn in the English language, then it shall not be necessary to issue such process in the English language, but issue thereof in the Dutch language shall, for all legal purposes, and notwithstanding anything to the contrary contained in any law in force in this Colony, be good, valid, and effectual." 2. This Act may be cited as " The Dutch Language Judicial Use Amendment Act, 1888." P.R.O., C.O. 50/7. THE JURY ACT, 1891. [December 1, 1891.] No. 22 of 1891. No. 90. Act. To consolidate and amend the Law relating to Juries. Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows: I. The laws mentioned in the Schedule to this Act, and so much of any other law as shall be repugnant to or inconsistent with the provisions of this Act, are hereby repealed. QUALIFICATION OF JURORS. 2. Every man residing within the Colony between the ages of twenty-one years and sixty years who shall possess the qualification in this Act provided, and not therein declared disqualified or exempted, shall be qualified and liable to serve as a juror. 3. Every man between the ages aforesaid who shall be the owner or occupier of any immovable property of the value of not less than three hundred pounds according to the valuation roll of any Divisional Council or Municipality, or shall be in the receipt of salary or wages amounting to not less than one hundred and fifty pounds per annum, and who shall not be disqualified or exempted by the terms of this Act, shall be qualified and liable to serve as a juror on any jury empanelled for any trial or enquiry within the jury district in which such person shall reside. 4. When any such property shall be jointly occupied by more persons than one, each of such joint occupiers, if otherwise qualified or liable, shall be qualified and liable to serve as a juror as aforesaid in case the value of such property, when divided by the number of such joint occupiers, shall give a sum not less than three hundred pounds for each such occupier. 5 [When no valuation roll exists, the person making the jury lists shall estimate the value of properties.] SPECIAL JURORS. 6. Every man qualified and liable to serve as a juror shall also be qualified and liable to serve as a "special juror” in case he shall be (1) The owner of landed property of the assessed value of one thousand pounds; or (2 The occupier of such property as tenant of the assessed value of one thousand five hundred pounds; or |