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(b) The said Court may on being satisfied that the applicant is primâ facie entitled to the gold referred to in his application grant a Rule nisi calling on all persons interested in the said gold to show cause on a date not less than four weeks from the granting of such Rule why the said gold should not be delivered to the applicant.
(c) The Registrar of the said Court shall cause the said Rule, together with the Notice of Application, Affidavits and other documents in support of it, to be published in the "Gazette" in Pretoria, or in the "Johannesburg Gazette," or in both the said papers, as to the said Court may seem advisable, once at least in every week for a period of four weeks.
†(d) Four days at least before the return day of the said Rule any person appearing to show cause against it shall file any affidavits or documents he proposes to produce to the said Court in support of his opposition with the Registrar of the said Court and shall also serve them on the applicant, who shall be entitled at any time before the return day aforesaid to file with the said Registrar and serve on the person opposing the said Rule any affidavits in reply to those filed by the latter.
(e) The Court may, on the return day after hearing both parties or Counsel on their behalf, give judgment on the said application; or may postpone the final determination thereof for further evidence or argument; or may, if in their opinion the application cannot be satisfactorily determined on affidavit, direct that it be determined by an action to be brought in the Supreme Court or High Court of this Colony when established, or may make such order in the premises and as to costs as appears to the said Court to be just and equitable.
Dealing with raw
5. Any such applicant aforesaid to whom by order of the said Court any raw gold is delivered may deal with it subject only to gold under restrictions such restrictions as are placed on such dealing by the laws of the late South African Republic in force in this Colony.
of ordinary law.
6. So much of any Proclamation or Government Notice as is inconsistent with or repugnant to the provisions of this proclamation shall be and is hereby repealed.
For the words "on affidavit" were substituted by Pr. Tr. 17 of 1901, sect. 2, the words "on the evidence before them."
† See Pr. Tr. 17 of 1901, sect. 1, as to the further particulars the Court might order the applicant to file.
Proc. No. 6 of 1901.
Proc. No. 7 of 1901.
Temporary appointments of Magistrates,
&c., on death, inca
[Obsolete since dissolution of Special Criminal Courts. See also sect. 7 of Pr. Tr. 21 of 1902.]
(To Amend Proclamation No. 6 of 1901.)
By His Excellency BARON KITCHENER OF KHARTOUM, Acting High Commissioner for South Africa and Acting Administrator of the Transvaal, &c., &c., &c.
(DATED 6TH JUNE, 1901.)
Y VIRTUE OF THE AUTHORITY in me vested, I do hereby declare, proclaim, and make known as follows:
1. It shall be lawful for me when, and so often as by reason of the death, resignation, sickness, absence, or other incapacity of any Resident Magistrate, or of the President or any of the Members of the Special Criminal Court at Pretoria or in Johannesburg, it shall appear to me to be necessary or expedient so to do, to appoint some fit and proper person to act as and in the stead of such Resident Magistrate, President, or Member of the Speciat Criminal Court so dying, resigning, or being absent, or labouring under such sickness or incapacity as aforesaid, until the vacancy or vacancies so created by any such death, resignation, sickness, absence or incapacity, shall be supplied by a new appointment to be made by me, or until such Resident Magistrate, President, or Member of such Special Criminal Court becoming sick or incapacitated, or being absent, shall resume such his office and enter into the discharge of the duties thereof.
By His Excellency BARON KITCHENER OF KHARTOUM, Acting High Commissioner for South Africa, and Acting Administrator of the Transvaal, &c., &c., &c.
(DATED 10TH June, 1901.)
WHEREAS the Courts of Law at present established in this Colony have jurisdiction only in any civil cause, matter, or proceeding in which the amount claimed does not exceed a certain sum, and in which the cause of action arose subsequent to the 1st September, 1900:
And, whereas, it is desirable that a speedy and inexpensive procedure should be provided by which persons who were compelled to leave the Transvaal in consequence of hostilities between Her late Majesty and the late South African Republic and Orange Free State, and who, on their return to this Colony, find houses and other buildings, their property, or under existing leases to them, as well as their movable property, wrongfully taken possession of by others during their enforced absence from this Colony:
Now, therefore, by virtue of the authority in me rested, I do hereby declare, proclaim, and make known as follows:
Proc. No. 8 of 1901.
2. Such affidarit as aforesaid shall further clearly set forth if possible the name and full description of the person in possession of the said movables, or in occupation of the said building as the case may be, and shall allege that the said movables (if the claim is in respect of movable property) were never disposed of by the claimant or any person authorised thereto by him; that he was deprived of the possession thereof during his absence from the Transvaal in consequence of the aforesaid hostilities; and that the person in possession, though requested, refuses to deliver up the said movables to him; and (in case the claim is for the occupation of a dwelling
Recovery of movables
1. Any person claiming that movable property belonging to him is unlawfully in the possession of any other person; and any wrongfully detained. person claiming to be entitled to the occupation of any house or other building in the occupation of any other person may lodge with the Resident Magistrate of the district or area in which such movable property is, or in which such house or other building is situate, an affidavit in duplicate which shall specify as accurately as possible the morable property, or house, as the case may be, claimed by him, and shall contain a distinct allegation that the said property does not, to the best of his knowledge and belief, fall within Section 8 of this Proclamation.
Proof of claim.
Proc. No. 8 of 1901.
Orders nisi of Resident Magistrate for
Penalty for false affidavit.
Saving of ordinary criminal jurisdiction.
Orders absolute of
4. If the person in possession of the goods, or in occupation of Resident Magistrate the house claimed, does not within forty-eight hours after such for delivery up. service as aforesaid, lodge with the Resident Magistrate the affidavit mentioned in the last preceding section, or if he lodge with him an affidavit which does not satisfy the said Magistrate that he is entitled to the possession of the said goods or the occupation of the said house, the said Resident Magistrate shall order the person in possession of the said goods or in occupation of the said house, as the case may be, forthwith to deliver up the same to the claimant, and on his failing to do so he shall be deemed to be guilty of an offence against this Proclamation, and shall be liable on conviction to pay a fine not exceeding £50 or to be imprisoned for a period not exceeding three months with or without hard labour, or to both such fine and imprisonment, and shall further be liable to have the said goods forcibly taken from him or to be summarily ejected from the said house or building as the case may be.
house or building) the said affidavit shall allege that neither the ciaimant or anyone authorised by him thereto at any time disposed of the right of occupation thereof, and that the person in occupation thereof has no title thereto, or any licence from him to occupy the same, and that he, although requested to do so, refuses to deliver up to the claimant the occupation of the said house or building.
3. On receiving such affidavit, the said Resident Magistrate shall grant a written order informing the person in possession of the said movables, or in occupation of the said house as the case may be, that they are claimed in terms of the affidavit annexed to the said order, and calling upon such person to forthwith deliver up to the claimant the said goods, or the occupation of the said house as the case may be, unless he can satisfy the said Magistrate on affidavit within forty-eight hours after the service of the said order on him that he is entitled to the possession of the said goods, or the occupation of the said house as the case may be. The said notice, with a copy of the affidavit mentioned in the preceding sections, shall be served personally on such person as aforesaid.
5. Any person knowingly making any false affidavit under this Proclamation shall be guilty of perjury, and be liable to be prosecuted and punished accordingly.
6. A prosecution under Section 4 of this Proclamation shall not in any way be a bar to the prosecution of the person in possession of goods belonging to another for theft, or for any crime known to the law which the circumstances of such possession may disclose.
7. Nothing in this Proclamation contained shall in any way be a bar to the party against whom an order has been made under Section 4 hereof, or the claimant in whose favour the said Resident Magistrate has refused to make an order under the said Section from instituting an action in any competent Court in this Colony already established, or hereafter to be established, in respect of the property and rights claimed in manner provided in this Proclamation.
Proc. No. 8 of 1901.
Saving as to pro
8. This Proclamation shall not apply to movable property used for military purposes, nor to houses or buildings in the occupa- perty in military use. tion of Officers of His Majesty's Forces on active military service or required for military purposes.
9. The powers and jurisdiction conferred on a Resident Magistrate of a district or area by this Proclamation may be exercised by the Assistant Resident Magistrate thereof.
Powers of Assistant Resident Magistrate.