member of the said Court, and the salary thereof shall cease accordingly from the time of the acceptance of any such other office or place. 8. There shall be attached and belong to the said Court one officer to be styled the Registrar, and one other officer to be styled the Master thereof, together with so many other officers as to the Judge President of the said Court for the time being. shall, from time to time appear to be necessary for the administration of justice and the due execution of the powers and authorities which are granted to the said Court by this Proclamation, who shall all hold office during His Majesty's pleasure Provided, nevertheless, that no new office shall be created in the said Court unless the Governor shall first signify his approbation thereof to the said Judge President in writing under his hand; and, provided further, that each of the aforesaid officers shall, before exercising the functions of his office, take the oath set forth in Schedule B annexed hereto before any of the members of the said Court. 9. All persons who shall and may be appointed to the offices of Registrar or Master of the said Court, shall be appointed by the Governor by commission under his hand and seal. 10. The said Court may approve, admit to practise, and enrol as an Advocate of the said Court therein :(a.) Any person who shall have been admitted as a Barrister in England or Ireland, or as an Advocate in the Court of Session of Scotland, or as an Advocate in the Supreme Court of the Colony of the Cape of Good Hope. (b.) Any person who shall have passed the necessary (c.) Any person who shall have been admitted to practise (1) Shall have passed an examination in law, which at (2) Shall for a period of seven years successively have (d) Any person who, not being entitled to be admitted Proc. No. 14 of 1902. What Officers to How Officers of Court to be appointed. Admission of advocates to practise in the said Court. Proc. No. 14 of 1902. How functions of torneys to be discharged. 14. No person or persons whatsoever not so approved, Advocates and At- admitted, and enrolled as aforesaid shall be allowed to appear, plead or act in the said Court for or on behalf of any suitors: Provided always that the functions and offices of Advocates shall not be discharged in the said Court by the Attorneys thereof and the functions and offices of such Attorneys shall not be discharged by such Advocates: Provided further that in case there shall not be a sufficient number of Advocates within this Colony competent and willing to act for the suitors of the Court, the said Court may and is hereby authorised to admit any of the Attorneys thereof to appear and act as Advocates during the time of such insufficiency only; and in case there shall not be a sufficient number of Attorneys within the said Colony competent and willing to appear and act in that capacity for the suitors of the said Court, the said Court may and is hereby authorised to admit any of such Advocates to practise and act in the capacity of Attorneys during the time of such insufficiency only. Admission of Notaries and Conveyancers. Jurisdiction Court. 15. The said Court may approve, admit to practise, and enrol(a.) As a Notary Public any person who has been admitted as an Attorney of the said Court and who has passed an examination in notarial practice prescribed by any Rule of Court; or whose name appears on the Rolls of the High Court of the late South African Republic as having been admitted to practise as a Notary Public. (b.) As a Conveyancer any person who has been admitted as an Attorney of the said Court and who has passed an examination in conveyancing prescribed by any Rule of Court; or who has been admitted to practise as a Conveyancer in the late South African Republic. of †16. The said Court shall have cognizance of all pleas and jurisdiction in all civil causes and proceedings arising or which shall have arisen within the said Colony or which shall have arisen in the Transvaal prior to the annexation thereof to His Majesty's Dominions, with jurisdiction over His Majesty's subjects and all other persons whomsoever residing or being within the said Colony; provided always that *(1) No action or other legal proceeding shall be maintainable in the said Court against His Excellency the Administrator of the Transvaal or the Commander-in-Chief in South Africa of His Majesty's Forces, or against any person or persons acting under them or either of them respectively in any command or capacity civil or military for or on account or in respect of any acts, matters and things whatsoever in good faith advised, commanded, ordered, directed, or done as necessary for the suppression Sub-sections 1 and 2 of the proviso to this section were repealed by Ord. 38 of 1902, which withdrew Martial Law. + By Ordinance 10 of 1903, sect. 1, the Supreme Court was given jurisdiction over all criminal offences triable in the Colony, as from 1st April, 1903, whether such offences were committed before or after 1st Sept., 1900. See, however, Ord. 1 of 1903, sect. 151, as to change of venue. of hostilities in or the maintenance of good order and government or for the public safety of this Colony. (2) No proceeding shall be maintainable in the said Court for the discharge from custody of any person sentenced by a Military Court or arrested under Martial Law, or for the recovery of or in respect of the use and occupation of any property movable or immovable requisitioned by proper authority for military purposes, or used or occupied by any members of His Majesty's Forces while on active service in this Colony, with the consent or ratification of the Commander-in-Chief in South Africa. (3) The said Court shall not exercise jurisdiction in any civil cause, matter, or proceeding in which the cause of action arose prior to the first day of September, 1900, unless the defendant thereto has been served with the process of the said Court either personally within the jurisdiction of the Court or in such other manner as the Court may direct. Proc. No. 14 of 1902. What 17. The said Court shall have full power, authority, and jurisdiction to apply, judge and determine upon and according apply, &c. to the laws now in force within this Colony, and all such other laws as shall at any time hereafter be duly made and established for the peace, order, and government thereof. The RomanDutch Law except in so far as it is modified by Legislative Enactments shall be the law of this Colony. 18. The said Court shall have full power, jurisdiction and authority to review the proceedings of all inferior Courts of Justice within this Colony, and to hear appeals from such Courts and from the Special Criminal Courts at Pretoria and Johannesburg in all cases in which such appeals may be allowed by law. The pleadings and proceedings of the said Court and of the Witwatersrand District Court hereinafter mentioned shall be carried on, and the sentences, decrees, judgments and orders thereof pronounced and declared in open Court and not otherwise, and the several pleadings and proceedings of the said Courts shall be in the English language. of Laws to Review by Court proceedings of inferior Courts. Pleadings, language, &c., of Court. 19. The grounds upon which it is competent to bring the Grounds of review. proceedings of the inferior Courts under the review of the High Court are: Incompetency of jurisdiction. of (1) Incompetency of the Court in respect of the cause, including all excess of the jurisdiction, whether the Court in respect 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 jurisdiction, or of its having been already tried or forming the subject of a pending trial in any other competent Court, was not subject to *By Ordinance 2 of 1902, sect. 7, it is competent for the Supreme Court, Witwatersrand High Court, or any Circuit Court hereafter established to allow the use of the Dutch language at the hearing of any civil or criminal suit before it, whenever it appears to such Court to be necessary for the better and more effectual administration of justice. Proc. No. 14 of 1902. Incompetency in respect of interest of the Judge or his near kinsman. Malice or corrup tion. Gross irregularity. Admission or rejection of evidence. Conduct and decision of Civil Suits. One member com his jurisdiction, or in awarding a greater punishment than by the constitution of his Court he had power to award. (2) Incompetency of the Court in respect of the Judge (3) Malice or corruption on the part of the Judge. (5) The admission of illegal or incompetent evidence or the 20. All actions for provisional sentence, all motions, applications and trial cases in which the defendant is in default may be heard before one member of the said Court sitting in Chambers; in all other civil proceedings any two of the members of the said Court shall form a quorum, and shall be competent to execute all and every the powers, jurisdictions and authorities hereby granted to and vested in the said Court; and in the event of any difference of opinion between such two members the case shall be re-heard before three or more members subject to such directions as to the taking of evidence or otherwise as the Court may direct, and the decision of such two members when unanimous, or of the majority of three or more members in case of any difference of opinion, shall in all cases be deemed and taken to be the decision of the whole Court. 21. During any period which shall by any law or Rule of petent in vacation to Court be fixed as a vacation of the said Court during which the exercise powers of High Court. ordinary business thereof shall be suspended, one member of the said Court shall be competent to execute all and every the powers, jurisdictions and authorities vested in the said Court. Right of Appeal 22. There shall be a right of appeal to the said Court from from member to High every final order granted or judgment pronounced by a single member sitting in Chambers. Court. Where Court to be holden. Court in Johannesburg established. 23. The said Court shall be holden in Pretoria, and for the despatch of business it may sit in more than one division at the same time; provided that each such division shall be constituted of such a quorum at least of the members of the said Court as is required by section twenty of this Proclamation. Every sitting of a division so constituted shall in law be considered to be and shall have all the consequences of an ordinary sitting of the High Court. 24. There shall be and there is hereby established a Superior Court for Johannesburg: The boundaries and *limits of the area within which the said Court shall have jurisdiction, shall be defined by notice in the Gazette by the Governor, and may from time to time be altered as occasion may require. The said Court shall have and exercise such jurisdiction as is hereintafter specified, and shall be called "The Witwatersrand District Court," hereinafter called the "District Court." *The area is defined in Government Notice 117 of 1902, published in Government Gazette, 15 April, 1902, p. 442. By Ord. 2 of 1902, sect. 2, now called the "Witwatersrand High Court." Proc. No. 14 of 1902. Constitution 25. The said last-mentioned Court shall be holden at Johannesburg before the Judge President or any one of the District Court. Judges of the High Court of the Transvaal, and for the despatch of business it may sit in more than one division at the same time, each such division to be constituted of a single member. Every sitting of a division so constituted shall in law be considered to be and shall have all the consequences of an ordinary sitting of the said District Court. Appointment Officers. of of 26. There shall be attached and belong to the said District Court a Registrar who shall keep the records of the said Court Registrar and other together with so many other officers as may be found necessary. Such officers shall be appointed in the same manner as is hereinbefore provided for the appointment of officers of the High Court of the Transvaal. Jurisdiction *27. The District Court shall be a Court of Record, and shall within the district in which it may be holden, have and District Court. exercise concurrently with the High Court of the Transvaal all such and the same jurisdiction powers and authority as are by this Proclamation vested in the said last-mentioned Court, save and except appellate jurisdiction and the power of reviewing the proceedings of inferior Courts; and save and except that in proceedings in insolvency and all other proceedings in which a limited jurisdiction is conferred by the laws of the late South African Republic on Circuit Courts established therein, the said District Court shall have the same limited jurisdiction. 28. All Advocates and Attorneys admitted and enrolled in the High Court of the Transvaal shall be entitled, without any other enrolment, to be admitted to practise as Advocates and Attorneys in the District Court. of Advocates, &c., in High Court of the to practise as such in Transvaal admitted the District Court. Removal of cases from one Court to †29. As often as any action, suit or other proceeding shall be brought in the High Court of the Transvaal, or in the District Court, and it shall appear to the Court before which such another. action, suit or other proceeding may be pending that the same may be more conveniently or more fitly heard or determined in the other of the said Courts, it shall be lawful for such Court to order such action, suit or other proceeding to be removed to such other Court; and such order shall be certified by the Court granting the same together with the process and proceedings in such action, suit or other proceeding to the Court into which such action, suit, or other proceeding shall be intended to be removed; and thereupon it shall be lawful for such last-mentioned Court and such Court is hereby required to proceed in such action, suit or other proceeding in like manner as if the same had been originally commenced and prosecuted in such last-mentioned Court. 30. In every case in which any judgment, decree, order or other record of the High Court of the Transvaal, or of the District Court, shall require to be proved, inspected or in any manner referred to in any other Court, a copy of such record By Ord. 10 of 1903, sect. 1, the Witwatersrand High Court was given jurisdiction over all offences committed in the Witwatersrand District from 1st April, 1903, whether such offences were committed before or after 1st Sept., 1900; see, however, Ord. 1 of 1903, sect. 151, as to change of venue. + Sect. 29 to apply to removals to and from Circuit Courts. See Ord. 10 of 1903, sect. 7. record Copy of duly certified to be admitted as evidence. |
