Proc. No. 31 of 1902.

PROCLAMATION

By His Excellency the Administrator of the Transvaal.

(DATED 27TH MAY, 1902.)

Legalizing certain Marriages Solemnized in this

Colony.

WHEREAS the Marriage Ordinance, Law No. 3 of 1871, requires a marriage to be solemnized either by a Landdrost or by a Minister of the Gospel authorized by the Government to solemnize marriages on the production of a certificate from the Landdrost that the provisions of the Law have been complied with:

And whereas Law No. 3 of 1897 requires a marriage between coloured persons to be solemnized by an officer appointed by the Governor for that purpose, or by the Minister of a Christian or any other communion recognized by the State and duly authorized thereto by the Government, on the production of a certificate by such officer that the provisions of the Law have been complied with:

And whereas after the occupation of the Transvaal by His Majesty's Forces, persons were appointed as Marriage Officers by the Military Governors of Pretoria and Johannesburg to solemnize marriages under the aforesaid Laws.

And whereas Magistrates and District Commissioners were apppointed by the said Military Governors without being expressly vested with the powers and jurisdiction conferred on Landdrosts by Law No. 3 of 1871, or with the powers and jurisdiction of the officers appointed to solemnize marriages between coloured persons under Law 3 of 1897:

And whereas such Magistrates, District Commissioners and Marriage Officers appointed as aforesaid to solemnize marriages, did solemnize them under the aforesaid laws, and did grant certificates on which marriages were solemnized by Ministers of Religion duly authorized to solemnize marriages on the production of such certificates as aforesaid:

And whereas doubts have arisen whether the marriages solemnized by such Magistrates, District Commissioners and Marriage Officers appointed as aforesaid, or solemnized by Ministers of Religion on the certificates of such Magistrates, District Commissioners and Marriage Officers, are valid by reason of the fact that they were not legally vested with the

See also Ord. 26 of 1902, legalizing marriages solemnized by certain Landdrosts appointed by the late Government, after 1st September, 1900, and by the Commandant-General and Assistant-Commandants-General of the Burgher

Forces.

Preamble.

Proc. No. 31 of 1902.

Validation of marriages solemnized by

powers and jurisdiction conferred on Landdrosts by Law No. 3 of 1871, and on the officers appointed to solemnize marriages under Law No. 3 of 1897:

And whereas such marriages as aforesaid were bona fide contracted by the said parties thereto, and were bona fide solemnized or certified to by the said Magistrates, District Commissioners and Marriage Officers appointed as aforesaid:

Now, therefore, by virtue of the authority in me vested, I do hereby declare, proclaim and make known as follows:1. All marriages solemnized under Law No. 3 of 1871 by officers appointed by persons appointed by the Military Governors of Pretoria and Military Governor Johannesburg as Magistrates, District Commissioners or Marand by certain Min- riage Officers before or after such appointment, and all marriages isters or Religion.

Ditto as to mar

persons.

solemnized by Ministers of Religion authorized to solemnize marriages either by the Government of the late South African Republic or by any Government Notice published in the Gazette since the 9th June, 1900, on the certificates of persons appointed as aforesaid, certifying that the provisions of the law have been complied with, shall be as valid to all intents and purposes as if such persons had been at the date of such marriages lawfully vested with all powers and jurisdiction conferred on Landdrosts by Law No. 3 of 1871.

2. All marriages solemnized under Law No 3 of 1897 riages of coloured between coloured persons, by such Magistrates or District Commissioners appointed by the said Military Governors to solemnize marriages under the said Law, and all marriages solemnized by Ministers of Religion duly authorized for that purpose either by the Government of the late South African Republic or under any Government Notice published in the Gazette since the 9th June, 1900, on the certificates of the persons appointed as aforesaid and given under the said Law, shall be as valid to all intents and purposes as if the said persons so appointed were at the date of such marriages lawfully vested with the powers and jurisdiction conferred by Law No. 3 of 1897 on the person mentioned in the second section of the said Law.

Validation of mar

riages solemnized by Chaplains to H.M. Forces.

Title.

3. All marriages solemnized in this Colony under Law No. 3 of 1871 by any Chaplain to His Majesty's Forces between the date of the annexation of the Transvaal to His Majesty's Dominions, to wit, the first day of September, 1900, and the thirty-first day of March, 1901, shall be as valid, to all intents and purposes, as if such Chaplain had been at the several dates of such marriages a lawfully appointed Marriage Officer authorised to solemnize marriages under the said Law, without the production of the certificate required thereby.

4. This Proclamation shall be cited for all purposes as the 'Legalization of Marriages Proclamation, 1902.

Proc. No. 32 of 1902.

PROCLAMATION

By His Excellency the Administrator of the Transvaal.

(DATED 28TH MAY, 1902.)

Interest on Mortgage Bonds.

BY VIRTUE OF THE AUTHORITY in me vested, I do hereby declare, proclaim and make known as follows:

1. Notwithstanding anything to the contrary contained in the Proclamation dated October 25th, 1899, signed by the President of the late South African Republic, and published in the Staatscourant at page 1685 :

No person who has passed a mortgage bond on land or other fixed property shall be entitled under and by virtue of the aforesaid Proclamation to claim exemption from the payment of any interest which shall accrue in respect of such bond from the first day of June next.

Nothing contained in this section shall affect the provisions of Section 2 of Proclamation, Transvaal, No. 27 of 1901.

Exemption from interest on mortgage June, 1902, not to be claimed.

bonds due after 1st

Power to bring actions for capital sum

after months from

2. Notwithstanding anything contained in the proviso to Section 2 of Proclamation, Transvaal, No. 27 of 1901, actions at law may be brought and maintained in any competent Court in of mortgage bond this Colony for the capital sum of any mortgage bond included 1st June, 1902. in the aforesaid Proclamation of the 25th October, 1899, after the expiration of six months, reckoned from the first day of June next, but not before.

3. Nothing contained in this Proclamation or in Proclamation Transvaal No. 27 of 1901 shall be taken in any way to validate the aforesaid Proclamation of the 25th October, 1899.

Procl. 25th Oct., 1899, has now been declared by the Supreme Court to have been invalid ab initio, but by Ord. 42 of 1902 actions on bonds passed before 25th Oct., 1899, upon which interest during the war period is still due, are not to be brought before 1st Jan., 1904. Interest is to be payable on the deferred interest. But see Ord. 42 of 1902.

Proclamation of

25th October, 1899, not hereby validated.

Proc. No. 33

of 1902.

Preamble.

Repeal of Laws.

Power of Post

Banks.

PROCLAMATION

By His Excellency the Administrator.

(DATED 5TH JUNE, 1902.)

To Amend the Law relating to Post-Office
Savings Banks.

WHEREAS it is expedient to afford facilities for the

deposit of small savings at interest upon the security of the public revenue, and to make the General Post-Office of the Colony available for that purpose:

Now therefore by virtue of the authority in me vested, I do hereby proclaim and make known as follows:

1. Law No. 9, 1892, Law No. 6, 1893, and First Volksraad Resolution dated 12th July, 1894, Art. 817, are hereby repealed, and any other Law repugnant to, or inconsistent with, this Proclamation.

2. The Postmaster-General may, with the consent of the master-General to Controller of the Treasury, establish Post-Office Savings Banks, establish Savings and authorise and direct such of his officers as he shall think fit, to receive deposits for remittance to the principal office, and to repay the same under such regulations as the Governor may from time to time prescribe in that respect by notice published in the Gazette.

How deposits to be made, entered, reported and proved.

3. Every deposit received by any officer of the PostmasterGeneral appointed for that purpose, shall be entered by him at the time in the depositor's book, and the entry shall be attested by him and by the dated stamp of his office, and the amount of such deposit shall upon the day of such receipt, if there be a daily post, or by the next post if the mail be despatched less frequently, be reported by such officer to the PostmasterGeneral, and the acknowledgment of the Postmaster-General signified by the officer whom he shall appoint for the purpose, shall be forthwith transmitted to the depositor, and the said acknowledgment supported by the duly attested entry in the depositor's book shall be conclusive evidence of his claim to the repayment thereof, with the interest thereon, upon demand made by him on the Postmaster-General; and in order to allow a reasonable time for the receipt of the said acknowledgment, the entry by the proper officer in the depositor's book shall also be conclusive evidence of such claim to repayment for twenty days from the lodgment of the deposit; and if the said acknowledgment shall not have been received by the depositor through the post within twenty days, and he shall before or

upon expiry thereof demand the said acknowledgment from the Postmaster-General, then the entry in his book shall be conclusive evidence of such claim during another term of thirty days.

4. Deposits of one shilling, or any number of shillings, or of pounds and shillings, will be received from any depositor at any Post-Office Savings Bank, provided the deposits made by such depositor in any year ending on the thirtieth day of June do not exceed one hundred pounds, and provided the total amount standing in such depositor's name in the books of the Postmaster-General do not exceed five hundred pounds, exclusive of interest. When the principal and interest together standing to the credit of any one depositor amount to the sum of six hundred pounds, all interest shall cease so long as the same funds amount to the said sum of six hundred pounds.

Proc. No. 33 of 1902.

Limits of deposits.

How repayments

5. On demand of a depositor or person legally authorised to claim on account of a depositor, made in such form as shall to be obtained. be prescribed in that behalf for repayment of any deposit or any part thereof, the authority of the Postmaster-General for such repayment shall be transmitted to the depositor forthwith, and the depositor shall be absolutely entitled to the repayment of any sum that may be due to him within thirty days after his demand shall have been made at any Post-Office where deposits are received or paid.

Secrecy to be ob

6. The officers of the Postmaster-General engaged in the receipt or payment of deposits shall not disclose the name of served. any depositor, nor the amount deposited or withdrawn, except to the Postmaster-General or to such of his officers as may be appointed to assist in carrying this Proclamation into operation: Provided that nothing herein contained shall be deemed to limit the authority of the Auditor-General.

Accounts to be

made.

7. The Postmaster-General shall keep separate accounts of all moneys deposited and paid under this Proclamation, and the kept and investments Controller of the Treasury shall from time to time, and as often as the account will permit, invest any moneys to the credit of such account in such manner as the Governor may require or approve of, and may, as often as occasion may require, or as the Governor may deem expedient, realise or vary any such investments.

8. The interest payable to depositors shall be at such rate as may, from time to time, be fixed by the Governor not exceeding the rate of five pounds per centum per annum; but such interest shall not be calculated on any amount less than one pound or some multiple thereof, and shall not commence until the first day of the month next following the day of deposit, and shall cease on the first day of the month in which such deposit is withdrawn.

9. Interest on deposits shall be calculated to the thirtieth day of June in every year, and shall then be added to and become part of the principal money.

See Government Notice No. 519 of 1902, Gazette 17th Oct., p. 1,455, for regulations as to these investments.

Interest.

How calculated.