Prison, or hold to Bail, all Vagrants, Rioters, Robbers, or other notorious Offenders, found within their several Jurisdictions, in order that such Offenders 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, . . . before the Chief Justice, or any Judge of the Supreme or Circuit Courts, or before the Civil Commissioner, 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 administered and taken. II. And be it further enacted, That from and after the passing of this Ordinance, the Persons who shall be 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 FieldCornets, Constables, and Peace Officers, Military Officers, and others His Majesty's Subjects, to quell all Riots, Brawls, or other Disturbances, and to lodge all Rioters, Brawlers, Vagrants, and 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; and if they shall not give such Security, then to cause them to be safely kept in Prison till they shall find such Security. P.R.O., C.O. 50/1. [Etc.] CREATION OF OFFICE OF RESIDENT MAGISTRATES. [19 Dec. 1827.] No. 33. No. 73. Ordinance.-Of His Honour the LIEUTENANT-GOVERNOR IN COUNCIL, 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, authorizes 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 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 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 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 in the Subdistricts of Clanwilliam and Beaufort, the Courts of the Residents at Simon's Town, Port Elizabeth, and Port Frances, and the Jurisdiction of the Special Heemraden at Tulbagh, Caledon, and Cradock, should be abolished: And whereas it is necessary that some other provision be made for the Administration of Justice, and for the due Registration and 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 Stellenbosch, Worcester, Swellendam, George, Uitenhage, Albany, Somerset, Graaff-Reinet, and for each of the Subdistricts of Beaufort and Clanwilliam, for the Residency 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. II. And be it further enacted, That every Person who shall be appointed Resident Magistrate, or Clerk of the Peace, as aforesaid, shall take the Oath of Allegiance and the Oath of Office... III. And be it further enacted, That the said Resident Magistrates shall have jurisdiction in all Civil Cases within the Districts 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. IV. Provided always, and be it further enacted, That it shall and may be lawful for any Party who shall think himself aggrieved 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 which shall be held in the District wherein such Judgment or Decree 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. V. And be it further enacted, That the said Resident Magistrates 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 Banishment from this Colony: Provided always, that it shall not be lawful for any such 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, 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. VI. And be it further enacted, That every Resident Magistrate shall hold a Court, and inquire of all Causes or Actions, whether Civil or Criminal, which shall be brought before him, and of which Jurisdiction is hereby given to him, in the Court Room of his District or Place, on two days of the week at least, and oftener, as occasion may require. VII. And be it further enacted, That all Sentences, Decrees, Judgments, Writs, Summonses, Notices, Rules, Orders, Warrants, 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. VIII. 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 of Simon's Town, and a like Officer for the Township of Port Elizabeth, who shall act as Public Prosecutor, before the Resident Magistrates for the said places respectively. IX. And be it further enacted, That the said Clerks of the Peace, for their several Districts respectively, shall also conduct all Public Prosecutions, for Crimes and Offences which may be tried at any Circuit Court, to be holden for their Districts respectively, unless in such case or cases where the Attorney-General shall think fit to appoint some other Person. X. And whereas the abolition of the Courts of Landdrost and Heemraden 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 Legalization of Marriages: Be it therefore enacted, that from and after the said first 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, Swellendam, and Somerset, together with the Field-Cornet of the Place, shall form the Matrimonial Court, or Board, at Tulbagh, Caledon, and Cradock, respectively; and all Registrations 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 Justice's Clerks, respectively, in like manner as such Registrations were made, and such Certificates were granted, in the Courts hereby to be abolished. XI. 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, and shall be of like force and effect in the Courts hereby to be created. XII. And whereas by virtue of certain Proclamations and Ordinances enacted in times past, certain Crimes and Offences therein set forth, had been made cognizable by the said Courts of Landdrost and Heemraden, and of Landdrost and Commissioned Heemraden, and by the Courts of Deputy Landdrost and Heemraden, and Deputy Landdrost and Commissioned Heemraden, and by the Courts of Residents at Simon's Town, Port Elizabeth, and Port Frances: Be it therefore 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. P.R.O., C.O. 50/1. THE SHERIFF OF THE CAPE COLONY. [5 Jan. 1828.] No. 74. Ordinance.-Of His Honour the LIEUTENANT-GOVERNOR IN COUNCIL, for declaring and regulating the Duty of the Sheriff of this Colony. [Extract.] And whereas it is by the . . . Charter [of Justice, dated 24th August 1827] ordered, directed, and appointed, that the 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 Sentences, Decrees, Judgments, Writs, Summonses, Rules, Orders, Warrants, Commands, 1 Cf. Act No. 17 of 1886, below. |