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Proc. No. 35 of 1902.
Master to notify payments on account of registered debts to Registrar, who shall write off same.
The Master to
to Registrar, who shall thereupon write off debts registered
When hypothecation is for future debts this must be expressly stated and maximum amount
registration of title to derelict and expropriated Mining Rights.
Owners of Mining Rights existing at date of this Procla mation to file diagrams.
22. When, and as often as it shall appear from the liquidation account of any insolvent estate, and from the vouchers annexed thereto, that a payment has been made to any creditor on account of a registered obligation of debt, the Master of the High Court shall notify such payment to the Registrar of Mining Rights, who shall thereupon write off the same in the Debt Register, and also, if possible, on such obligation of debt.
23. The Master of the High Court shall furnish the Registrar with returns of all insolvents who may, from time to time, obtain their discharge or rehabilitation, and such returns shall specify the property and registered obligations of debt appearing in the insolvent's schedules, or in the liquidation account of his estate; and the Registrar shall, on receipt of such returns, write off in the Debt Register all debts registered against any such insolvent prior to his insolvency and, if possible, endorse upon the obligation of debt that it has been cancelled in terms of this section.
24. No deed or instrument of hypothecation executed at any time after the commencement of the taking effect of this Proclamation shall be of any force or effect to give preference or priority to the payment of any advances, debts or demands made, or accruing, after the date of such deed or instrument, unless it shall be expressed in such deed or instrument that the same is meant or intended to cover or secure future advances, debts or demands generally, or some proper description thereof, to be in the said deed or instrument described, and unless also a certain sum shall be expressed in such deed or instrument as a sum beyond which such future advances, debts or demands shall not be deemed to be covered or secured by the hypothecation made or created by such deed or instrument.
25. The provisions of sections 27-36, inclusive of "The Deeds Proclamation, 1902," shall, mutatis mutandis, apply to the acquisition of title to any property registered in the Registration of Mining Rights Office, which has become derelict, or expropriated in the same manner as if the said sections were embodied in this Proclamation.
26. The registered holder of any Mining Right or Stand not situated in a Stand Township, a confirmed diagram whereof is not filed in the Registration of Mining Rights Office on such date, shall file confirmed diagrams in quadruple of such Mining Right or Stand, prepared by an admitted surveyor, within six months from the date on which notice to do so shall be given to such holder. On non-compliance with the terms hereof within the said period, such holder shall be liable to the penalties provided in Art. seventyeight of Law No. 15 of 1898.
+27. Every owner or lessee of a Township shall, in case a duly approved general plan or diagram of such Township is
*The word "not" was by a clerical error omitted from the section after the words "debts or demands shall." It has now been inserted by Ord. 6 of 1902, Sect. 1, sub-sec. 7.
+ The words in roman type were to be omitted by virtue of Ord. 6 of 1902, sect. 1, sub. 8, and the whole section is now repealed by Ord. 6 of 1903, sect. 2, and new provisions substituted (q.v.)
This section was originally in a different form; its present form is by virtue of Ordinance 6 of 1902, sec. 2.
not filed in the Registration of Mining Rights Office at the date of the taking effect of this Proclamation, within six months thereafter cause such a plan or diagram to be *lodged with the Registrar of Mining Rights.
Any such owner or lessee, who shall fail to comply with the terms of this section shall be, except for good causes shown, liable to a penalty of £100, and to a further penalty of £100 for every month during which he continues in default. Every such penalty shall be a debt due to the Crown and may be recovered in any competent Court.
+28. (1) The Claimants to all "Rights of Way" granted under the Gold Law, for which no proper title, grant or diagram exists shall file a statement of such claims at the Office of the District Registrar within six months from the opening thereof, together with such proof as they may possess of their rights thereto, and a diagram thereof, prepared by an admitted Surveyor.
(2) No Claims will be considered or allowed that are not filed before the expiry of the period mentioned in the last preceding sub-section.
(3) Notice shall be published at least twice in the "Gazette " thirty clear days prior to the hearing of any such claim as hereinafter provided.
(4) A day shall be appointed on which any such claim shall be heard and determined by the Registrar of Mining Rights, when the Claimant and any person interested in opposing such claim, shall adduce such evidence as they may desire in support of their respective contentions.
(5) It shall be competent for the Claimant or the party interested in opposing such claim as aforesaid, if not satisfied with the decision of the Registrar of Mining Rights, to bring the matter by action or otherwise before the High Court of the Transvaal or the Witwatersrand District Court if such matter falls within its jurisdiction, as if there had been no decision thereon by the said Registrar.
(a) To inspect and assign the number to all Beacons under
29. It shall be lawful for the Commissioner of Mines to appoint one or more Beacon Inspectors for each district, whose and duties of Beacon duties, subject to the special provision of this Proclamation and the Regulations framed thereunder, shall be as follows:
(b) To see that all beacons and boundaries of Mining
(c) To inspect and report on all peggings in chronological
(d) To report to his District Registrar on all matters.
Proc. No. 35 of 1902.
* As to filing of diagram see Ordinance 6 of 1902, sec. 3.
+ This section was repealed by Ordinance 6 of 1902, sec. 1, sub-sec. 9.
Rights of Way.
Proc. No. 35 of 1902.
Governor may make regulations for size of Beacons, &c.
Powers and duties
sioners under Law
of Mining CommisNo. 15 of 1898, conferred and imposed
on other officials.
and as to the proper carrying out by the holders of Mining Rights of all duties and obligations laid upon them, that affect his duties by the terms of the grants of such Mining Rights or by the Law governing such grants.
(e) Generally to supervise the division of the mining district under his charge, and immediately to advise and report to his District Registrar any infringement or attempted infringement of the Law.
(f) To carry out and perform all such other instructions as he shall receive from his District Registrar within the limits of his duties.
+30. It shall be lawful for the Governor to make regulations providing for the size of beacons, the pegging out of claims, and generally for the proper carrying out of the duties of Beacon Inspectors.
But no rules or regulations framed under this and the preceding section shall be of any force or effect unless and until published in the Gazette.
31. The powers and duties imposed on Mining Commissioners, Responsible Clerks, and Claim Inspectors, under the provisions of Law No. 15 of 1898, No. 22 of 1898, and No. 14, of 1897 save and except powers and duties imposed on them with regard to civil and criminal jurisdiction, marriages and the collection of revenue; and all notices required under the said laws to be given to Landdrosts or Mining Commissioners in respect of the prospecting for precious stones, or metals, and the discovery thereof, shall be imposed on and given in matters within his district to the District Registrar of Mining Rights unless otherwise provided for by this Proclamation or Regulations made thereunder.
No licences to be
*32. Anything to the contrary notwithstanding in Section issued for pegging- fifty-nine or in any other provision of Law No. 15 of 1898, no out of claims until licences shall be issued for the pegging out of claims on any made in respect public digging whether proclaimed before or after the taking effect of this Proclamation until further provisions are made in respect thereto.
further provision is
32. This Proclamation may be cited for all purposes as "The Registration of Mining Rights Proclamation, 1902." The provisions of this Proclamation and the Rules and Regulations made thereunder shall take effect in the Mining district of Johannesburg from the date of the taking effect of this Proclamation, and in any other district or mining district from such date as may be notified by the Governor in the Gazette.
*By Ordinance 21 of 1902, the Governor may from time to time notify that in any Mining District mentioned in the notice, the provisions of the above section shall not be in force, and after publication of the notice licences shall be issued for the pegging out of claims on any public diggings within such Mining District mentioned.
† Sect. 30 was repealed by Ord. 6 of 1903, sect. 3, and new provisions substituted therefor; prior to repeal, regulations were made under the section and published by Government Notice 55 of 1903 (Gazette, 6th Feb., 1903, p. 313), which are declared valid notwithstanding repeal of the section by Ord. 6 of 1903, sect. 3, and additional regulations have been made under Government Notice 140 of 1903 (Gazette, 27th Feb., 1903, p. 440), and Government Notice 341 of 1903 (Gazette, 9th April, 1903, p. 633).
By His Excellency the Administrator of the Transvaal.
(DATED 6TH JUNE, 1902.) To Amend and add to the Law relating to Lunatics.
WHEREAS it is desirable to amend the present law relating
Now, therefore by virtue of the authority in me vested, I do hereby declare, proclaim and make known as follows:
1. Law No. 9 of 1894, and so much of any other law as may be repugnant to or inconsistent with the provisions of this Proclamation are hereby repealed; but such repeal shall not affect any warrant issued or thing done in pursuance of any such repealed law.
"Court" means the High Court of the Transvaal.
"Governor's Pleasure Lunatic ” means any person for
Judge" means any member of the High Court of the
2. In the construction of this Proclamation, the following
which may hereafter be declared by the Governor as
"Constable" includes members of the police force.
* "Colonial Secretary" includes the Secretary to the
"Lunatic" includes any idiot or person of unsound mind incapable of managing himself or his affairs.
Magistrate means a Resident Magistrate and includes an Acting Resident Magistrate and an Assistant Resident Magistrate.
Proc. No. 36 of 1902.
* See Pr. 21, Admn. 1903 (Gazette, 19th June, 1903, p. 1249), by which powers, &c., vested in Colonial Secretary, under the Lunacy Proclamation, are. from 1st July, 1903, to be vested in the Attorney-General or the Secretary of the Law Department.
Repeal of laws.
Proc. No. 36 of 1902.
Procla tion to apply to persons detained in Asylum at time of taking effect
"Medical Practitioner means a legally qualified medical practitioner within the meaning of any law now or hereafter in force.
99 Prison means any prison or place of confinement to which a person may be committed whether on remand or for trial safe custody punishment or otherwise under any other than civil process; and
"Prisoner means any person so committed.
Single Patient" means any person detained as a lunatic by order under this Proclamation in any place other than an asylum or prison as defined in this section.
3. The provisions of this Proclamation shall apply to every person who at the taking effect thereof is detained in an asylum or place of confinement for lunatics, and every warrant or order granted for the detention of any such person shall be deemed to have been legally granted until set aside or varied under the provisions of this Proclamation.
4. In cases of urgency where it is expedient either for the welfare of a person alleged to be a lunatic or for the public safety that an alleged lunatic should be forthwith placed under care and treatment he may be received and detained in any asylum or prison upon an urgency order made (if possible) by the husband or wife, or by a relative of the alleged lunatic, accompanied by one medical certificate, provided that
(1) If an urgency order is not signed by the husband or wife
or by a relative of the alleged lunatic, the order shall contain a statement of the various reasons why the same is not so signed and of the connection with the alleged lunatic of the person signing the order and the circumstances under which he signs the same.
(2) No person shall sign an urgency order unless he is at least twenty-one years of age and has within two days before the date of the order personally seen the alleged lunatic.
(3) No alleged lunatic shall be received under an urgency order unless it appears from the medical certificate accompanying the order that the certifying medical practitioner has personally examined the alleged lunatic not more than three clear days before his reception.
(4) The admission of an alleged lunatic on an urgency order shall forthwith be notified by the person receiving the patient to the Magistrate of the district, who shall thereupon on production to him of the urgency order and the medical certificate proceed in the same manner as if the original application had been made to him for the issue of a summary reception order.
(5) An urgency order shall not remain in force for a longer period than seven days from its date.