I. SCHEDULE "A." do swear that I will be faithful and bear true allegiance to His Majesty King Edward VII. His Heirs and Successors according to law So help me God. I.. do swear that I will well and truly serve His Majesty King Edward VII. in the SCHEDULE "B." In the High Court of the Transvaal. I....... do swear that I will be faithful and bear true allegiance to His Majesty King Edward VII. His Heirs and Successors according to law. do swear that I will well and truly serve His Majesty King Edward VII. in the Office of [Registrar] of the High Court of the Transvaal. So help me God. Sworn before me at my Chambers this (Name of Member of Court before whom oath is taken). SCHEDULE "C." In the High Court of the Transvaal. I... do swear that I will truly and honestly demean myself in the practice of an (Advocate or Attorney as the case may be) according to the best of my knowledge and ability. Sworn in open Court this............day of........ So help me God. I. ........ Registrar. do swear that I will be faithful and bear true allegiance to His Majesty King Edward VII. His Heirs and Successors according to law. Proc. No. 14 of 1902. Proc. No. 15 of 1902. Preamble. All Laws to be in terpreted according to definitions in this Proclamation. Definition of terms. PROCLAMATION By His Excellency the Administrator. (DATED 10TH APRIL, 1902.) To Interpret and Shorten the Language of Proclamations, Laws, etc., in force in the Transvaal. WH HEREAS it is desirable to interpret and shorten the language of Laws now or hereafter in force in this Colony : Now therefore in virtue of the authority in me vested I do hereby declare, proclaim and make known as follows: 1. In the interpretation of all laws as the expression is defined in the next succeeding section made since the annexation of the Transvaal to the Crown, and hereafter to be made and of all bye-laws, rules, regulations or orders made under the authority of any such law the definitions and other provisions in this Proclamation contained shall, unless the contrary intention appears, be adopted and applied. 2. The terms following between inverted commas shall be read and taken to mean as follows: "Governor" shall mean the officer for the time being administering the Government of this Colony. "Christian name any name prefixed to the surname "Month" a calendar month. "Gazette" the Government Gazette for the Transvaal. "Person" shall include Joint Stock Company, Municipal 3. When any act matter or thing is by any law directed to be done by the Governor the notification that such act, matter or thing has been done may be by notice in the Gazette. Proc. No. 15 of 1902. Notice in Gazette. Writing or print 4. In every law expressions relating to writing shall, unless the contrary intention appears, be construed as including ing. references to typewriting, printing, lithography, photography, and other modes of representing or reproducing words in a visible form. How number of 5. When any particular number of days is prescribed for the doing of any act or for any other purpose the same shall days to be reckoned. be reckoned exclusively of the first and inclusively of the last day, unless the last day should happen to fall on a Sunday, *Christmas Day, the day after Christmas Day, New Year's Day, Good Friday, Easter Monday, Ascension Day, Whit Monday, the day appointed to be observed as His Majesty's birthday, or any other day appointed by any law or by the Governor under the authority of any law as a public holiday or as a Solemn Fast or Day of Thanksgiving, in which case the time shall be reckoned exclusively of the first and of every other such day also. &c. 6. When any bye-laws, regulations, rules or orders are Copy of Gazette authorised by any law to be made by the Governor or any local proof of bye-laws, authority, public body or person, with the approval of the Governor, such bye-laws, regulations, rules or orders shall be published in the Gazette, and production of a copy of the Gazette containing a notice of the making or approval thereof (as the case may be) by the Governor shall be sufficient evidence of such making or approval. 7. (1) Where a law repeals and re-enacts with or without modifications any provisions of a former law references in any other law to the provisions so repealed shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted. (2) Where any law repeals any other law then, unless the contrary intention appears, the repeal shall not (a) Revive anything not in force or existing at the time at which the repeal takes effect; or (b) Affect the previous operation of any law so repealed or anything duly done or suffered under the law so repealed; or (c) Affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any law so repealed; or (d) Affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any law so repealed: or * The words in Italics are to be omitted by virtue of Ord. 37 of 1903, sect. 5. Effect of repeal. Proc. No. 15 of 1902. When repeal takes effect. Construction provisions as of (e) Affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; And any such investigation, legal proceeding or remedy, may be instituted, contained or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing law had not been passed. 8. When a law repeals wholly or partially any former law and substitutes provisions for the law so repealed, the repealed law shall remain in force until the substituted provisions come into operation. 9.-(1) Where a law confers a power, or imposes a duty then to unless the contrary intention appears the power may be exercised, exercise of powers and the duty shall be performed from time to time as occasion and duties. Singular and plural Male and Female. Meaning of "Rules of Court." Meaning of "Service by Post." References to the Crown. requires. (2) Where a law confers a power or imposes a duty on the holder of a public office as such, then, unless the contrary intention appears the power may be exercised, and the duty shall be performed from time to time by the holder for the time being of the office. (3) Where a law confers a power to make any rules, regulations or bye-laws, the power shall, unless the contrary intention appears, be construed as including a power exerciseable in the like manner, and subject to the like consent and conditions, if any, to rescind, revoke, amend, or vary the rules, regulations or bye-laws. 10. Words in the singular number, shall include the plural number and words in the plural number, shall include the singular number and words of the masculine gender shall include females. 11. In every law, unless the contrary intention appears the expression "Rules of Court," when used in relation to any Court shall mean rules made by the authority having for the time being, power to make rules, or orders regulating the practice and procedure of such Court. The power of the said authority to make Rules of Court as above defined, shall include a power to make Rules of Court for the purpose of any law, directing or authorising anything to be done by Rules of Court. 12. Where any law authorises or requires any document to be served by post, whether the expression " serve," or the expression "give," or "send," or any other expression is used, then, unless the contrary intention appears, the service shall be deemed to be effected by properly addressing pre-paying and posting a registered letter containing the document, and unless the contrary is proved to have been effected at the time at which the letter would be delivered in the ordinary course of post. 13. In every law, references to the Sovereign reigning at the time of the passing of the law, or to the Crown, shall, unless the contrary intention appears, be construed as references to the Sovereign for the time being. Proc. No. 15 of 1902. Measurement 14. In the measurement of any distance for the purpose of any law that distance shall unless the contrary intention distances. appears, be measured in a straight line on a horizontal plane. of Commencement of 15. Where any law or any order, warrant, scheme, letters patent, rules, regulations or bye-laws, made, granted, or issued law, &c. under a power granted by any such law, is expressed to come into operation on a particular day, the same shall be construed as coming into operation immediately on the expiration of the previous day. 16. Where a law is not to come into operation immediately on the passing thereof, and confers power to make any appointment, to make, grant, or issue any instrument, that is to say, any order, warrant, scheme, letters patent, rules, regulations, or bye-laws to give notices, to prescribe forms, or to do any other thing for the purposes of the law, that power may, unless the contrary intention appears, be exercised at any time after the passing of the law, so far as may be necessary or expedient, for the purpose of bringing the act into operation at the date of the coming into operation thereof, subject to this restriction that any instrument made under the power, shall not, unless the contrary intention appears in the law, or the contrary is necessary for bringing the law into operation until the law comes into operation. any 17. The terms hereinafter set forth when they occur in "Zuid Afrikansche Republiek," "Republiek," "Staat," or "Staats Procureur" or any like expression shall mean the "Staats Secretaris " or any like expression shall mean the "Staats President" or any expression denoting the Head "Landdrost" shall mean Resident Magistrate. "Staatscourant" shall mean the Government Gazette in this "Publieke Aanklager " shall mean and include the Legal Exercise of statu tory powers between passing and commencement of law. Definition of terms in laws of the late public in force in this Colony. South African Re |
