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Proc. No. 1

of 1901.

Preamble.

Notices where given.

PROCLAMATION

By His Excellency BARON KITCHENER OF KHARTOUM, Acting High Commissioner for South Africa and Acting Administrator of the Transvaal, &c., &c., &c.

(DATED THE 13TH MAY, 1901.)

WHEREAS LAW No. 12 of 1870, regulating the adminis

tration of the estates of deceased persons, provides, amongst other things, for the framing of the Death Notice and Inventory (where there is no Executor) required by the said Law by the Field Cornet of the Ward in which the death has occurred:

And whereas it is not desirable at present to issue Letters of Administration to Executors appointed by will:

And whereas it is desirable in the present circumstances to make other provisions for the framing of such Death Notices and Inventories:

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

1. The Notice required by sections 6 or 28 of Law 12 of 1870 shall, from and after the taking effect of this Proclamation, be given at the office of the Resident Magistrate which is nearest to the place where the death shall occur.

Failure to give such notice as aforesaid shall be deemed to be a contravention of the aforesaid sections of Law No. 12 of 1870.

Framing of death

inventories.

2. The Resident Magistrate at whose office such Death Notice notices and making of as aforesaid is given shall forthwith appoint some fit and proper person to frame the Death Notice and make the Inventory required by sections 7, 9, 29 and 30 of the said Law, and the provisions of the said sections shall, save in so far as they are modified by this Proclamation, mutatis mutandis, apply to the person so appointed.

The person so appointed shall within four weeks of his appointment transmit to the said Resident Magistrate the said Death Notice Inventory and the Will of the deceased person (if there be one), and the said Magistrate shall transmit the same to the Orphan Master or person acting as such.

Remuneration

of

3. The person appointed by the Resident Magistrate under the person appointed to last preceding section shall be paid out of the proceeds of the Estate

frame death notice.

Repealed by Pr. Tr. 28 of 1902.

of the deceased person such reasonable remuneration as the said Resident Magistrate may approve, and shall incur all the penalties for a contravention of the provisions of the said section as are prorided by section 78 of Law No. 12 of 1870 for the contravention of sections 7 and 30 thereof.

Proc. No. 1 of 1901.

to

4. The said Resident Magistrate may, as far as possible, make provision for the custody and safe keeping of the personal property, provision for safe if any, of the deceased until or unless a Curator Bonis shall have custody of property. been appointed under Proclamation No. 12 of 1901, upon the happening whereof such Curator Bonis shall become responsible for the safety of such property.

Resident Magistrate

make

Proc. No. 2 of 1901.

Preamble.

Amendment of Marriage Laws as to officer granting special licences.

Validation of spe

cial licences signed by Military Governors.

PROCLAMATION

By His Excellency BARON KITCHENER OF KHARTOUM, Acting High Commissioner for South Africa and Acting Administrator of the Transvaal, &c., &c., &c.

(DATED 16TH May, 1901.)

WHEREAS it is necessary to provide for the signing of special licences to marry and to amend Article 3 of Law No. 3 of 1871 as amended by Article 6 of Law No. 22 of 1894:

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

1. The words "the Secretary to the Transvaal Administration" shall be substituted for the words "the Under State Secretary" appearing in Article 3 of Law No. 3 of 1871, as amended by Article 6 of Law No. 22 of 1894.

2. All special licences to marry which before the date of this Proclamation have been signed by the Military Governor of Pretoria or of Johannesburg or by the Secretary or Legal Adviser to the Transvaal Administration shall be of the same force and effect in all respects as though the same had been signed by the Secretary of the Transvaal Administration after the date of this Proclamation.

PROCLAMATION

By His Excellency BARON KITCHENER OF KHARTOUM, Acting High Commissioner for South Africa and Acting Administrator of the Transvaal, &c., &c.

(DATED 16TH MAY, 1901.)

BY VIRTUE of the authority in me vested, I hereby

declare, proclaim and make known as follows:

Review of sentences

Section 2 of Proclamation No. 14 of 1901, conferring certain powers on the Director of Prisons and on the *Superin- for prison offences. tending Officer of Gaols in Johannesburg, shall, except as to a sentence of lashes, apply only to sentences imposed by the aforesaid officials exceeding imprisonment for one month or a fine of Five Pounds.

(This Proclamation provided for the places where Courts of Resident Magistrates might be held. It is rendered obsolete Pr. Tr. 21 of 1902.)

(This Proclamation announced the dissolution of the District Courts established under sect. 7 of Pr. 4 of 1900 and of the Court established under a Proclamation of the Military Governor of Johannesburg, dated 2nd July, 1900.)

Proc. No. 3 of 1901.

The office of "Superintending Officer of Gaols in Johannesburg" was abolished by Pr. Tr. 30 of 1902, and his powers and jurisdiction conferred on the Governor of the Prison in Johannesburg in respect of all prisons within the Witwatersrand district.

For review of prison sentences, see now Law No. 14 of 1880, Art. 31.

Transvaal Proc. No. 4 of 1901.

Transvaal Proc. No. 5 of 1901.

Proc. No. 6 of 1901.

Preamble.

Applications to Special Criminal Court for

delivery of raw gold

deposited.

Procedure on such applications.

PROCLAMATION

By His Excellency BARON KITCHENER OF KHARTOUM, Acting High Commissioner for South Africa and Acting Administrator of the Transvaal, &c., &c.

(DATED 31ST MAY, 1901.)

IS to remove the restric

tions placed on the transport and exportation from this Colony of raw gold by Proclamation No. 23 by Lord Roberts, dated 16th October, 1900, and also by Government Notice No. 3, dated 2nd June, 1900, signed by the Military Governor of Johannesburg and by Government Notice No. 6, dated 7th June, 1900, signed by the Military Governor of Pretoria:

Delivery of gold

1. From and after the date of this Proclamation all gold deposited in banks to deposited in any bank of this Colony under the requirements

mining companies.

of the aforesaid Government Notices by mining or metallurgical companies duly registered in this Colony, shall on application to such bank by any such company, supported by an affidavit that the said gold is its bonâ-fide property and was won by it in the course of its mining or metallurgical operations, be delivered up to such company.

Now, therefore, I do hereby declare, proclaim and make known as follows:

Power to export

2. It shall be lawful for any bank or company as aforeraw gold under re- said to export raw gold from this Colony under such restrictions

of law.

only as are imposed by the laws of the late South African Republic in force in this Colony, anything to the contrary in the aforesaid Proclamation and Notices notwithstanding.

*3. Any person or company not included in section 1 hereof, who has under the aforesaid Notices deposited raw gold in any bank in this Colony, may make application for the delivery to him thereof to the Special Criminal Court at Johannesburg, which is hereby authorised to hear and adjudicate upon any such application.

4. On every such application as aforesaid the following provisions shall apply :

(a) Notice of such application accompanied by affidavits and

other documents in support thereof shall be filed with the Registrar of the said Court not later than 48 hours before the hearing thereof.

The civil jurisdiction of the Special Criminal Court at Johannesburg was abolished on the establishment of the High Court at Pretoria and the District Court at Johannesburg in May, 1902. (See sect. 43 of Pr. Tr. 14 of 1902 and Government Notice 118 of 1902 published in "Government Gazette," 15 April, 1902, p. 442.)

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