of 1901. Appointment cial Criminal Courts. Notwithstanding anything to the contrary provided in Section 2 of Proclamation No. 6, 1901, interdicts may be granted by the Magistrates aforesaid, where the cause of action has arisen before the date of the annexation of the Transvaal to His Majesty's dominions, but all such interdicts shall be subject to confirmation as aforesaid. of 3. In all cases where according to law a Curator Bonis may Curators Bonis by Spe- properly be appointed, it shall be lawful for the President of either of the Special Criminal Courts at Pretoria and Johannesburg, upon application made to him, to appoint a Curator Bonis of the Estate and effects of any deceased or absent person, or any person who by reason of any mental or physical incapacity is unable to administer his own affairs; such application may be made by or at the instance of any heirs, relative, Consul, or other person lawfully interested or concerned in, or who has bonâ fide charged himself with the safe custody or preservation of any of the assets of such estate; and the President of the Court aforesaid may, in appointing any such Curator Bonis, confer upon him such powers as to the realisation of perishable assets and the collection of the effects of and accounts due to such estate, and may give such directions as to the security to be given, inventory and report to be filed, and the banking of moneys, and generally such other directions as he may deem fit. Such Curator shall within the scope of his appointment, and in so far as may be necessary in order that due effect may be given thereto, be competent to institute or defend any proceedings of claim or demand in any Court of Law on behalf of the estate to which he is appointed Curator Bonis. Proc. No. 13 of 1901. This Proclamation notified the intended appointment of the Military Compensation Commission, and invited the sending in of claims. of 1901. PROCLAMATION By His Excellency SIR ALFRED MILNER, His Majesty's High (DATED 23RD APRIL, 1901.) W HEREAS IT IS DESIRABLE to make provision for complying with the requirements of Law No. 14 of 1880, dealing with Gaols, and the safe custody and discipline of prisoners confined therein : Now, therefore, by virtue of the authority in me vested, I hereby declare, proclaim, and make known as follows: : Preamble. Powers and duties § 1. The powers and jurisdiction conferred, and the duties imposed by Law No. 14 of 1880 on the Inspector of Prisons, of Inspectors of Prisons and Superinshall be, and are hereby conferred and imposed on the Director tendent of Gaol. of Prisons appointed by Government Notice No. 74 of 1900, in respect of all *Gaols in the Transvaal; and on the Superintending Officer of Gaols in Johannesburg, appointed by Government Notice No. 11 of 1901, in respect of Gaols within the areas under the jurisdiction of the Resident Magistrates of Johannesburg, Krugersdorp, and Boksburg. 2. When and as often as the Director of Prisons or the Superintending Officer of Gaols for Johannesburg, shall, under the jurisdiction vested in them as aforesaid, sentence any prisoner to be punished, such sentence shall forthwith be submitted to the President of the Special Criminal Court in Pretoria or Johannesburg according as the crime or offence, in respect of which such sentence was passed, was committed within the jurisdiction of the Special Criminal Court at Pretoria, or of the Special Criminal Court at Johannesburg; and such President as aforesaid shall, and is hereby authorised to confirm, modify, or quash such sentence, as to him may appear in accordwith real and substantial justice; provided always that no sentence of lashes ordered by such Director of Prisons or Superintending Officer of Gaols for Johannesburg shall be inflicted until it has been confirmed. 3. The term "Landdrost" in the said Law No. 14 of 1880, shall be taken to mean "Resident Magistrate "† appointed under my Proclamation No. 6 of 1901. * The Office of Superintending Officer of Gaols in Johannesburg was abolished by Pr. Tr. 30 of 1902, sect. 1, and powers and jurisdiction were conferred on the Governor of Johannesburg Prison in respect of all prisons in the Witwatersrand district. Now also under Pr. Tr. 21 of 1902. The Special Criminal Courts have now been abolished. For review of prison sentences see Law No. 14 of 1880, Art. 31. See also Gaol Law Amendment Ordinance, 1904. Review of sentfor ences prison offences by Special Criminal Court. of 1901. Preamble. Definitions. Governor may de clare PROCLAMATION By His Excellency SIR ALFRED MILNER, His Majesty's High (DATED 29TH APRIL, 1901.) Organisation and Regulation of a Police Force. WE HEREAS it is expedient to organise a Police Force for Towns in this Colony, and to provide for its efficiency in the prevention and detection of crime and the maintenance of Law and Order: Now, therefore, by virtue of the authority vested in me, I do hereby declare, proclaim and make known as follows:: 1. The following words and expressions in this Proclamation shall have the meaning assigned to them unless there be something in the context repugnant to such construction, that is to say-The word "Governor" shall mean the Officer for the time being administering the Government of this Colony. The words "Town Police" shall include all persons who shall be enrolled under this Proclamation. The words "Town Police District " shall include any town or area in the Transvaal in which this Proclamation shall be declared to be in force. The words "Town Police Station" shall include any area into which a town may be divided for police purposes. The words "The Force" shall mean Officers and Men of the Police Force constituted under this Proclamation, and the words "Member of the Force" shall apply to any person employed in the Force. The words "Deputy Commissioner of Police" shall include any Assistant Commissioner of Police, Inspector of Police, or other person appointed by the Governor to have charge of the Police in any Town. The words "Station Officer" shall include the Officer who is in charge of a Town Police Station. The words "Articles of Equipment" shall include the horse, saddle, bridle, rifle, revolver, ammunition, clothing or other articles of equipment which, by the regulations for the time being, a member of the Force shall be required to keep and possess. The word "Property" shall include any movable property, money, or valuable security. 2. The Governor may from time to time by notice in the areas to be Gazette declare any town or area in this Colony to be a Town of 1901. Police District, and any portion of such Town to be a Town Town Police DisPolice Station, and may from time to time appoint an officer to tricts. be styled "The Commissioner of Police," "Deputy Commissioner," and so many Assistant Commissioners, Inspectors, and other officers of different grades, as may be deemed necessary, and may from time to time suspend, reduce, discharge or dismiss any member of the Force. Powers of Com 3. The Commissioner shall, subject to the directions of the Governor, have the superintendence and control of the Force. missioner of Police. He may provisionally appoint Superintendents, and when such appointments are to be permanent he must report them to the Governor, who shall confirm or disallow the same. Appointments, &c., 4. The Commissioner may from time to time appoint so many fit persons to be sergeants and policemen as the Governor in Police. may think necessary. The Commissioner may from time to* time, under rules and regulations made under this Proclamation, or under any sections of this Proclamation applicable thereto, discharge or dismiss any sergeant or policeman. 5. All Officers of Police shall have the superintendence and control of that portion of the Force which may be placed under their charge, subject to the authority by this Proclamation conferred upon the Commissioner, and to the Regulations to be made as hereinafter provided. 6. The Governor may, when circumstances so require, appoint a person to act in the place of the Commissioner, and every such acting Commissioner shall have all the powers conferred and shall discharge all the duties imposed by this Proclamation on a Commissioner. 7. Every policeman shall in any district of this Colony have such powers, and shall perform all such duties as any constable or policeman now has or hereafter may have by virtue of any law now or hereafter to be in force in this Colony. 8. Every member of the Force appointed under section 4 hereof shall, after taking the oath of service, receive an appointment certificate in the form in Schedule A annexed to this Proclamation, under the Seal of the Commissioner of Police, by virtue of which the person holding such certificate shall be vested with the powers, functions and privileges of a Police Officer. Such certificate shall cease to have effect when the person therein named ceases to be a Police Officer through dismissal, discharge, resignation, or otherwise, and shall be then forthwith surrendered by him to the Commissioner of Police or any person empowered by him to receive the same. All the powers and authority vested in such person as a Police Officer shall immediately cease and determine upon his ceasing to be a Police Officer through dismissal, discharge, resignation, or otherwise. Powers of Officer of Police Powers and duties of Constables. Appointment of Constables. Suspension of Con 9. A member of the Force may be suspended from office pending an inquiry into any charge of misconduct against him. stables. He shall not, however, by reason of such suspension cease to be a member of the Force. The powers, privileges, and functions vested in him as such member shall, however, during his *For rules and regulations see Government Notice 1174 of 1903 (Gazette, 16th October, 1903, p. 1020). of 1901. Character of Town Police Force. Liability to serve as a military force and outside Colony. Notice of resigna the Force. suspension be in abeyance; but he shall continue subject to the same responsibilities, discipline, and penalties, and to the same authorities as if he had not been suspended. 10. The force to be raised under this Proclamation may be armed and mounted, or partly armed and partly not armed, partly mounted and partly unmounted, as to the Governor shall seem fit; and such Force shall serve as a Police Force for preserving the peace and preventing crimes and apprehending offenders, and shall perform such other duties as may be required by this Proclamation or any rule or regulation to be made as hereinafter provided. 11. The Governor may, in case of any war or other emergency, employ the force raised under the provisions of this Proclamation, or any part thereof, for the purpose of assisting in the defence of the Colony, either within or beyond the borders thereof, and may place such Force, or any part thereof as aforesaid, under the orders and directions of such person as he may appoint in that behalf; and while so employed such force shall be subject to the provisions of any law hereafter to be passed for the discipline of the Colonial Forces. 12. No member of the Force, other than a Commissioner, tion by member of shall be at liberty to resign his office, or to withdraw himself from the duties thereof, notwithstanding that the period of his engagement shall have expired, unless expressly authorised in writing so to do by the Commissioner, or unless he shall give to such Commissioner three months' notice of his intention to resign or withdraw; and no Commissioner shall be at liberty to resign or withdraw as aforesaid without the consent of the Governor. Power to Commis *13. The Commissioner may from time to time, subject to sioner to frame rules, the approval of the Governor, frame rules, orders, and regulations, which shall be published in the Gazette, relative to the organization, classification, and distribution of the Force; the places at which members of the said Force shall reside, and the particular services to be performed by them; their inspection, the description of arms, equipment, and other necessaries furnished to them; the collecting and communicating by them of intelligence and information; and all such other orders, rules, and regulations relative to the Force as may be from time to time deemed expedient for preventing abuse or neglect of duty, and for rendering such Force efficient in the discharge of its duties. The Commissioner may, subject to the approval of the Governor, vary, alter, and repeal any such rules, regulations, and orders as aforesaid. Penalties for con 14. Any member of the Force who shall be guilty of any travention of rules. neglect or violation of duty, or of contravening any of the rules and regulations made as aforesaid, shall, upon conviction, be liable to the following punishments: (a) Reduction in grade or rank. (b) Fine to any amount not exceeding one month's pay. (c) Deprivation of good conduct allowance. *For rules, orders and regulations, see Government Notice 1174 of 1903 (Gazette, 16th October, 1903, p. 1020). |