of 1901. Preamble. Penalties for de defaced coin. PROCLAMATION By His Excellency SIR ALFRED MILNER, His Majesty's High (DATED 6TH FEBRUARY, 1901.) WHEREAS DIVERS PERSONS have, for their own profit altered and defaced coins issued by the Government of the late South African Republic, and whereas coins and tokens resembling coins of the Mint of the late South African Republic as well as the King's current gold and silver coins have been circulated in the Transvaal: Now therefore, I, ALFRED MILNER, under and by virtue of the powers, jurisdiction and authority conferred upon me by Her late Majesty's Commission dated the 8th day of October, 1900, as Administrator of the Transvaal, do hereby proclaim, declare, and make known as follows: 1. Whosoever shall deface any of the King's current gold, facing coin, altering silver or copper coin, or any of the gold, silver or copper coin issued by the Mint of the late South African Republic by stamping thereon any names or words or by affixing any metal or other device thereon in such a manner as to efface or alter the original design whether such coin shall or shall not be thereby diminished or lightened, or whosoever shall utter, put off, tender or circulate any such defaced coin, shall be guilty of a crime and offence and shall be liable at the discretion of the Court to be imprisoned for a term not exceeding one year with or without hard labour, and all such defaced coin wheresoever found shall be forfeited to the Crown. Penalties for mak 2. Whosoever shall coin or make any coin or token resembing counterfeit coin. ling any of the gold and silver coin issued by the Mint of the late South African Republic, or any of the King's current coin in such a way that the coin or token might pass for coins issued by the said Mint of the late South African Republic, or for the King's current coins, or whosoever shall utter, put off, tender or circulate any such counterfeit coins or such tokens, shall be liable at the discretion of the Court, to be imprisoned for a term not exceeding two years with or without hard labour, and all such counterfeit coins or tokens wheresoever found shall be forfeited to the Crown. Proc. No. 5 of 1901. 3. Proclamation No. 25 of 1900 is hereby repealed. This Proclamation was for the provision of facilities for the burghers wishing to take the oath of allegiance. *The words "or whosoever.. .defaced coin are inserted by virtue of the amending Proclamation (Tr. 15 of 1901). of 1901. * PROCLAMATION By His Excellency SIR ALFRED MILNER, His Majesty's High (DATED 5TH APRIL, 1901.) WHEREAS IT IS EXPEDIENT to make further pro vision for the Administration of Justice in certain Towns and Districts of the Transvaal: Now, therefore, by virtue of the authority in me vested, I do hereby order, direct, and declare as follows:- 1. A Court of Resident Magistrate shall be, and is hereby, established at each of the following places, to wit: At Pretoria for the District of Pretoria, At Potchefstroom for the district of Potchefstroom, At Johannesburg, at Krugersdorp, and at Boksburg for the area heretofore under the jurisdiction of the Special Landdrost of Johannesburg, Krugersdorp, and Boksburg respectively; and for such other places and such other districts or areas as I may from time to time notify in the Gazette. 2. Each of the said Courts shall be holden before such person as I may appoint, and shall have within the district or area for which it is established all the powers, privileges and jurisdiction in civil and criminal matters arising within such district which are conferred by the Laws of the late South African Republic on Courts of Landdrosts; provided that no such Courts shall exercise jurisdiction in any civil cause, matter or proceeding unless the defendant thereto has been personally served with the process of the said Court and within the area of its jurisdiction, and provided further that the cause of action in any such proceeding has arisen since the date of the annexation of the Transvaal to His Majesty's dominions, to wit, the 1st of September, 1900. Preamble. Establishment of Courts of Resident Magistrate. Jurisdiction of Courts. Adviser. 3. All sentences of any of the said Courts whereby the penalty Sentences, &c., to be shall exceed a fine of £10, or imprisonment for three months with or forwarded to Legal without hard labour, or whereby any corporal punishment exceeding twelve lashes is ordered, shall forthwith be forwarded by the Magistrate of the said Court to the Legal Adviser of the Transvaal Administration to be by him submitted to me for the confirmation, reduction or quashing of such sentence as may appear to me to be right; and no corporal punishment exceeding twelve lashes ordered So much applies to Courts of R. M., repealed by Pr. Tr. 21 of 1902. These are sects. 1, 2, 3, 4, 6, 9 and 17. The remaining sections dealing with Special Criminal Courts became obsolete on dissolution of those Courts by Pr. 6 (Admn.), 1903 (Gazette, 20th March, 1903, p. 520). See Ord. 10 of 1903, conferring criminal jurisdiction on Supreme Court, Witwatersrand High Court and Circuit Courts. of 1901. Appointment Assistant Resident by any sentence shall he inflicted until such sentence shall have been confirmed by me. of 4. It shall be lawful for me from time to time to appoint for any district or area in which a Court of Resident Magistrate is established or for any portion thereof one or more fit and proper persons to be styled Assistant Resident Magistrate, and every Assistant Resident Magistrate shall, subject to the provisions of this Proclamation, have and exercise all the power and jurisdiction of a Resident Magistrate in and for the district or area or portion thereof for which he shall be appointed to act, in all cases civil and criminal. 5. Every Assistant Resident Magistrate shall be subordinate of Assistant Resident to the Resident Magistrate of the district or area within which such Assistant Resident Magistrate is appointed, and shall act as such Assistant Resident Magistrate : Powers and duties Magistrate. Establishment of Special Criminal Courts. Jurisdiction of Special Criminal Courts. Quorum of Court nd sentences. (1.) When so required to act at the stated and ordinary place 6. There shall be and there are hereby also established in Pretoria and Johannesburg Courts for the trial of Criminal cases, each of which shall consist of three persons appointed by me, one of whom shall be the President thereof. The Court at Pretoria shall be styled "The Special Criminal Court at Pretoria," and the Court at Johannesburg shall be styled "The Special Criminal Court at Johannesburg." 7. The said Special Court at Pretoria shall have jurisdiction over all crimes and offences of whatsoever nature (save as hereinafter excepted) committed within the district of Pretoria, and any other district or area which I may from time to time notify; and the said Special Court of Johannesburg shall have jurisdiction over all crimes and offences (save as hereinafter excepted) committed within the areas in which the Resident Magistrates of Johannesburg, Krugersdorp and Boksburg have jurisdiction, as also within the district of Potchefstroom and any other district or area which I may from time to time notify, and each of the said Courts shall sit at such times as the President thereof may appoint. 8. In all trials before either of the said Courts established under Section 6 hereof, the three members thereof shall sit and a decision of a majority of them shall be deemed and taken to be the judgment of the Court, and the said Court shall have power to pass any sentence upon any person convicted by it which a Judge of the High Court of the late South African Republic might have passed had such person been convicted after trial before him and a Jury; provided always that no sentence of death passed by the said Court shall be carried out until confirmed by me. * of 1901. When appeal in If any defendant who shall be tried upon any indictment in the Special Criminal Court at Pretoria or at Johannesburg shall think criminal cases to be that any of the proceedings of the Court before which the trial takes applied for. place are irregular or not according to the law it shall be lawful for him either during his trial or after his conviction to apply to such Court to direct a special entry to be made on the record showing the nature of the proceedings alleged to be irregular or illegal. If such special entry be directed to be made it shall be drawn up by the Registrar of the Court and the defendant and the prosecutor or their counsel and attorney shall be permitted to see it and to copy it, and if either of them shall object to its terms it shall be settled by the President of the Court before which the case is tried. If any defendant who shall be convicted of any indictable crime or offence shall obtain leave to make and shall cause to be made such a special entry on the record as hereinbefore provided for it shall be lawful for him by leave of the Court before which the case shall have been tried to appeal to the High Court of the Transvaal constituted of any three or more members thereof against his conviction, on the ground of the irregularity or illegality of such proceedings as aforesaid stated in such special entry as aforesaid: Provided that within fourteen days after verdict notice of such appeal shall be given to the Registrar of the Court appealed from and such Registrar shall forthwith after receiving such notice give notice of such appeal to the Legal Adviser to the Transvaal Administration and transmit to the Registrar of the said High Court an authenticated copy of the record including copies of the evidence whether oral or in writing taken or admitted at the trial and of the special entry made on the record in manner aforesaid. Leave to be applied for to appeal to High Court. Questions of law If any question of law shall arise in the trial of any person for an indictable crime or offence in the Special Criminal Court at reserved. Pretoria or at Johannesburg it shall be lawful for such Court to reserve such question for consideration of the High Court of the Transvaal. If the Court shall determine to reserve any such question and the defendant shall be convicted the Court shall state the question or questions reserved and shall direct such case to be specially entered in the record and a copy thereof to be transmitted to the said High Court. The execution of a sentence shall not be suspended by reason of any appeal against a conviction or by reason of a question having been reserved for consideration of the said High Court: (a) Unless the sentence shall be that the defendant suffer death The Proviso to sect. 8 was repealed by Pr. Tr. 19 of 1902; and the provisions here inserted contained in sec. 1 of that Proclamation were substituted for it. Cases in which execution of the sentence may be suspended. of 1901. Powers of High or be flogged or whipped, in either of which cases the sentence shall not be executed until the appeal or question shall have been heard or decided. (b) Unless the Court from which the appeal is made or by which the question is reserved shall think fit to order either that the defendanl be admitted to bail or if he is sentenced to any punishment other than simple imprisonment that he be treated as an unconvicted prisoner till the appeal or the question reserved shall have been heard and decided. In cases of any appeal against a conviction or any question Court when question being reserved as aforesaid it shall be lawful for the High of law is reserved. Court: - (a) To confirm the judgment of the Court below; in which case if the defendant having been admitted to bail is in Court the Court may forthwith commit him to custody for the purpose of undergoing any term of imprisonment to which he may have been sentenced. (b) Or direct that the judgment shall be set aside notwithstanding the erdict, which order shall have for all purposes the same effect as if the defendant had been acquitted. (c) Or direct that the judgment of the Court below shall be (d) Or if the Court below has not delivered judgment remit (f) Or make such other order as justice may require : Pro- The order or direction of the High Court coming before it on appeal as aforesaid shall be certified by the Registrar to the Registrar of the Court before which the case was tried and such order or direction shall be carried into effect and shall authorise every person affected by it to do whatever is necessary to carry it into effect. Nothing herein contained shall in any way affect or limit the powers and jurisdiction of the High Court as a Court either of review or appeal in criminal cases in relation to Courts of Resident Magistrates. 9. When in the course of any trial in any Court established under Section 1 hereof it shall appear that the crime or offence under trial is from its nature and magnitude not subject to its jurisdiction or more proper for the cognisance of one of the Courts |