to time agreed upon by and between Her Majesty's Imperial Government and the Government of this Colony. III. This Act shall come into operation when the Governor shall by proclamation declare that Her Majesty has been pleased to allow and confirm the same. IV. The short title of this Act shall be the "Basutoland Disannexation Act, 1883." P.R.O., C.O. 50/7. ANNEXATION OF WALFISH BAY. [Promulgated 25 July 1885.] No. 41. Act. To provide for the Annexation to the Colony of the Cape of Good Hope of the Port or Settlement of Walfish Bay on the West Coast of Africa and of certain Territory surrounding the same, and of certain British Territories on the St. John's River in South Africa. [By Letters Patent dated 14th December 1878 the Governor of the Cape Colony had been authorised to declare the port, settlement, and territory of Walfish Bay annexed to the Cape Colony.] P.R.O., C.O. 50/7. ANNEXATION OF TEMBULAND. [A Bill to provide for the annexation of Tembuland was passed in 1880 but was not confirmed.] [Promulgated 14 July 1885.] No. 42. Act. To provide for the Annexation to the Colony of the Cape of Good Hope, of the British Territories known as Tembuland, Emigrant Tembuland, Gcalekaland and Bomvanaland, and for the Government of the said Territories. [Letters Patent of 2 Oct. 1884, had authorised the annexation.] 1. [Governor may proclaim 1 date of annexation.] 2. [The laws at present in force in these territories may, until otherwise provided by Parliament, be repealed and modified and new laws may be made by the Governor in Council. No Cape Acts to apply, unless expressly provided or unless extended to any of these territories by the Governor in Council.] 1 Procl. in the Gazette of 1 Sept. 1885, but dated 26 Aug. 3. [Eastern Districts Court to have jurisdiction over the annexed territories.] 4. [Resident Magistrates to have jurisdiction in crimes and offences not punishable by death.] 5. [Decisions may be reviewed by the Chief Magistrate of the territory concerned.] 6. [Appeals in civil cases may be made to the Chief Magistrate, or to the Supreme Court, or to the Eastern Districts Court.] 7. This Act may be cited as the "Tembuland Annexation Act, 1885." P.R.O., C.O. 50/7. ANNEXATION OF THE XESIBE COUNTRY. [25 Oct. 1886.] No. 37 of 1886. [Reserved.] No. 43. Act. To provide for the Annexation to the Colony of the Country known as the Xesibe Country. WHEREAS by Resolution passed in both branches of the Legislature it has been declared to be expedient that the country situated between the district of Kokstad in Griqualand East and Pondoland East, known as the Xesibe Country, comprised in the district now called Mount Ayliff, should be annexed to the Colony: And whereas it is the intention of Her Majesty the Queen to issue her Royal Letters Patent to authorise the Governor of the Cape of Good Hope, by a proclamation under his hand and the public seal of this Colony, to declare that from and after a day to be therein mentioned, the said country should be annexed to, and form part of, this Colony, and to determine and signify the limits of the said country so annexed, in case the Legislature of the Colony should have passed an Act providing that the said country should become a part of this Colony: And whereas it is expedient that such an Act should be passed: 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. [Governor may proclaim the Xesibe Country to be annexed to the Colony and form part of Griqualand East.] 2. This Act may be cited as the "Xesibe Country Annexation Act, 1886." P.R.O., C.O. 50/7. REPRESENTATION OF THE TRANSKEI. No. 44. Act. To provide for the Representation in the Parliament of this Colony of persons in the Transkeian Territories. [Preamble.] I. [Meaning of "Transkeian Territories ": The Transkei (including Gcalekaland), Tembuland (including Emigrant Tembuland and Bomvanaland), and Griqualand East (including the Territory on the St. John's River).] 2. [Transkeian Territories to be included in the Eastern Electoral Province of the Cape Colony.] 3. Within the said Transkeian Territories there shall be two Electoral Divisions of the Colony of the Cape of Good Hope, and each of such divisions shall be entitled to return one member to the House of Assembly of the Colony. 4. [One shall be called the Electoral Division of Tembuland, and the other the Electoral Division of Griqualand East.] 5. [Election of representatives in the same manner, mutatis mutandis, as other members of the Assembly.] 6. [Law of the Colony as to elections to apply.] 7. This Act shall take effect on the first day of September 1887, and may be cited as the "Transkeian Territories Representation Act, 1887." P.R.O., C.O. 50/7. ANNEXATION OF RODE VALLEY. [1 Nov. 1887.] No. 45. Act. To provide for the Annexation to the Colony of the Country known as the Rode Valley. WHEREAS by resolution passed in both branches of the Legislature, it has been declared to be expedient that the country situated between the districts of Mount Ayliff and Mount Frere, East Griqualand, and Eastern Pondoland, commonly called the " Rode Valley," acquired by the Colonial Government, by purchase from the Pondo Chief Umquikela, should be annexed to the Colony: And whereas it is the intention of Her Majesty the Queen to issue her Royal Letters Patent to authorise the Governor of the Cape of Good Hope, by a proclamation under his hand and the public seal of this Colony, to declare that from and after a day to be therein mentioned, the said country should be annexed to and form part of this Colony, and to determine and signify the limits of the said country so annexed, in case the Legislature of the Colony should have passed an Act providing that the said country should become a part of this Colony: And whereas it is expedient that such an Act should be passed: 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. From and after such day as the Governor shall, pursuant of the powers in that behalf contained in any Royal Letters Patent which may be issued for that purpose, by proclamation under his hand and the public seal of the Colony, fix in that behalf, the country in the preamble to this Act mentioned, or so much of the said country as shall be defined in or by any such proclamation, and with the limits and name in any such proclamation signified, shall be annexed to and become a part of that portion of the Colony known as Griqualand East, and be subject to the laws for the time being in force in such portion of the Colony. 2. This Act may be cited as the "Rode Valley Annexation Act, 1887.' P.RO., C.O. 50/7. THE AUDITING OF PUBLIC ACCOUNTS. [21 August 1888.] No. 32 of 1888. No. 46. Act. To make further provision for the Audit of the Public Accounts. Be it enacted by the Parliament of the Cape of Good Hope, in Parliament assembled,1 as follows: 1. [Sections 18 and 19 of Act. No. 30 of 1875 and a portion of the 35th section of Ordinance No. 105, repealed.] 2. [Accounts rendered by persons or public bodies of public money received, administered, etc., and subject to audit, to be certified as correct by persons rendering them. Punishment for wilfully rendering a corrupt certificate.] 3. [Other accounts and returns to be rendered when required by the Controller and Auditor-General.] 4. [Certificate may be required of person examining vouchers of public accounts that vouchers have been examined and are correct: such certificate, supported by internal evidence of vouchers, may be admitted as satisfactory evidence of payments vouched.] 1 The formula is noteworthy as a departure from the constitutional theory that the Crown, or through it the Governor, is the fount and origin of all legislation. Cf. Act. No. 15 of 1888 below. The Acts of 1889 reverted to the old formula. 5. The Treasury shall be divided into at least two branches, those of the Receiver-General and Paymaster-General. 6. The Assistant Treasurer shall be the Receiver-General of revenue, and all Civil Commissioners and the Agent-General of the Colony in England shall be Receivers of Revenue. 7. All accounts rendered by Receivers of revenue shall be included in, and their aggregate shall be styled, the Exchequer Account of the Colony. 8. The Assistant Treasurer shall also be the PaymasterGeneral of the Colony. 9. All taxes, duties, and other revenues, and the proceeds of all loans for the service of the general government, shall be payable to, and levied by, such persons as the Governor may direct, anything contained in Ordinance No. 43, bearing date the 28th of February 1828, and Act No. 3 of 1876 to the contrary notwithstanding; and, when not collected by, shall be paid in to, a Receiver of revenue, in accordance with regulations framed under the provisions of the sixth section of the Audit Act, 1875, and, except in so far as may otherwise be directed in such regulations, all such revenues and proceeds of loans shall be carried without deduction to the credit of the Exchequer Account of the Colony. 10. [Detailed examination of vouchers in auditing heads of revenue referred to in the Schedule may be dispensed with if accounts bear evidence of complete examination and proper certificates; but the collection and account of moneys must be satisfactorily proved.] II. [Power of the Controller and Auditor-General not limited by the 15th section of the Audit Act of 1875 or the 10th section of this Act.] 12. No money shall be issued out of the Exchequer Account of the Colony, except : (a) on requisition of Ministers, and of the Speaker of the House of Assembly under section 17 of Act 13, 1883, authorised and approved by the Controller and Auditor-General, under the 7th section of the " Audit Act, 1875," or (b) in accordance with regulations framed under the provisions of the " Audit Act, 1875." 13. [Assistant Treasurer or other officer substituted for Treasurer-General for examination of wards' books required by 35th section of Ordinance No. 105.1] 14. [Deduction from salary of officer of amount duly surcharged against him; such deduction not to exceed onequarter of salary due.] 16. [Short title: "Audit Act Amendment Act, 1875."] 1 Regulating the administration of the property of minors. |