Proc. No. 9 of 1901. Preamble. *PROCLAMATION By His Excellency BARON KITCHENER OF KHARTOUM, Acting High Commissioner for South Africa and Acting Administrator of the Transvaal, &c., &c., &c. (DATED 19TH JUNE, 1901.) WHEREAS IT IS DESIRABLE to make provision for the holding of preliminary examinations and to give further powers to Resident Magistrates : Now, therefore, by virtue of the authority in me vested, I do hereby declare, proclaim, and make known as follows: Preliminary exami- 1. It shall be lawful for any Resident Magistrate or any nation on criminal Assistant Resident Magistrate, on receiving information of the charges. commission of any crime or offence, to hold a preliminary examination thereon, except when it shall appear that such crime or offence is proper for the cognizance of and trial in a Court of Resident Magistrate. Procedure on preliminary examination. Signature of in dictment. Resident Magistrate *2. The ninth section of Proclamation No. 6 of 1901 is hereby amended by omitting all the words after the words "stop the trial therein, and substituting the following "and shall forthwith hold a preliminary examination thereon." 3. All preliminary examinations held under this Proclamation shall be conducted in manner and form provided by the Laws of the late South African Republic now in force in this Colony, save that such examinations shall be conducted in the English language, and immediately after the committal to trial of any accused person by the Magistrate before whom the preliminary examination is held, the said Magistrate shall cause the proceedings therein to be forwarded to the Legal Adviser to the Transvaal Administration. 4. All indictments in the Special Criminal Courts at Johannesburg and Pretoria shall be signed by the Legal Adviser to the Transvaal Administration, anything in the 12th section of Proclamation No. 6 of 1901 to the contrary notwithstanding. +5. All the powers and privileges conferred, and the duties to have powers of imposed on Landdrosts by the Laws of the late South African Landdrost. Republie shall be and are hereby conferred and imposed on Resident Magistrates, and wherever the term "Landdrost" occurs in any law, the words "Resident Magistrate" shall be deemed and taken to be substituted therefor. The ninth section of Proclamation No. 6 of 1901 was among those repealed by The provisions of this section were re-enacted in effect by Pr. Tr. 21 The whole of this Proclamation has become obsolete by the passing Proc. No. 10 of 1901. PROCLAMATION By His Excellency BARON KITCHENER OF KHARTOUM, Acting High Commissioner for South Africa and Acting Administrator of the Transvaal &c., &c., &c. WHEREAS no adequate provision exists in the Law of this Colony for the holding of inquests in cases where persons die suddenly, or are found dead, or are supposed or suspected to have come by their death by violence or otherwise than in a natural way: Preamble. Magistrate to hold cases. Now, therefore, by virtue of the authority in me vested, I do hereby declare, proclaim, and make known as follows:*1. In all cases in which it shall come to the knowledge of Duty of Resident any Resident Magistrate that there is at or within the distance inquests in certain of six miles from the ordinary and stated place for holding his Court, the dead body of any person who died suddenly, or was found dead, or is supposed or suspected to have come by his death by violence or otherwise than in a natural way, such Magistrate shall, as soon as possible, proceed in person to the spot where the dead body is, and shall inspect the same and hold an inquest thereon, and if necessary shall cause the same, if interred, to be disinterred for the purpose of such inspection and inquest, and shall by the examination of witnesses ascertain the cause of death. Duties in viewing 2. In viewing the dead body the Resident Magistrate shall take careful note of all appearances, marks, and traces the corpse. presented by it and about it which shall tend to show whether the deceased did or did not come by his death from violence, and, if from violence, whether the same was used by himself or by some other, and if by some other, who such other was, or how he may be discovered. Examination practitioner. of 3. The Resident Magistrate shall also cause the dead body to be examined as soon as possible by a regularly admitted corpse by medical medical man, if such can be procured, and if not, then by the best qualified person or persons that can be obtained. 4. The process for summoning witnesses to attend before any inquests shall be in substance as follows: INQUEST FOR THE DISTRICT OF.. You are hereby required in His Majesty's name to summon A.B., of.............. ...(describe him By Ord. 16 of 1903 the powers, &c., of Resident Magistrates under this Proclamation are conferred on the Magistrate and Assistant Magistrate of Witwatersrand Native Court. Summoning of witnesses to inquest. Proc. No. 10 of 1901. particularly), that he appear before me on this the..... Herein fail not at your peril. Dated at..... .190... Penalty for disobedience to sum mons. Resident Magistrate. 5. If any person summoned as a witness shall not attend pursuant to such a summons then such person so making default shall, unless some reasonable excuse be proved by oath or affidavit, be liable to be fined by such Magistrate a sum not exceeding £25, or in default of payment to imprisonment with or without hard labour not exceeding one month, as such Magistrate shall think fit; and such Magistrate may, moreover, issue his warrant for the apprehension of the person so making default, which warrant shall be in substance as follows: To....... .Police and other constables and officers of the law proper to the execution of criminal warrants :— WHEREAS A.B. of (describe him particularly as in the summons) who was duly summoned to appear before me at (name the place as in the summons) at (state the time as in the summons) then and there to be examined at an inquest touching the death of C.D., or of a certain deceased person whose name is unknown, and hath refused and neglected so to do to the great delay and hindrance of justice: These are, therefore, in His Majesty's name to command you or some of you to apprehend and bring before me the body of the said A.B. that he shall be dealt with according to law; and for so doing this shall be your warrant. 190... Dated at...................this............day of............ Resident Magistrate. Oath of witnesses. 6. The oath to be taken by witnesses appearing before the inquest, shall be administered by the Magistrate and shall be as follows: "The evidence which you shall give to this inquest touching the death of C.D. (or of the deceased person name unknown regarding whom this inquest is held) shall be the truth the whole truth and nothing but the truth; so help you God." 7. All contempts committed by witnesses or others before or in regard of any inquest shall be punished in like manner mutatis mutandis, as contempts committed by witnesses and others before any Court of Resident Magistrate. Proc. No. 10 of 1901. Contempt of Court. 8. The evidence of each witness shall be taken down in Evidence to be writing by the Magistrate or by the Magistrate's clerk according taken down in writas the Magistrate shall think proper and direct. ing. Warrants of appre 9. Nothing in this Proclamation contained shall prevent any person authorised by law to issue warrants of apprehension hension. or authorised to apprehend offenders or supposed offenders in that warrant from acting in all respects as regards such warrants or such offenders, and whether an inquest shall or shall not have been commenced precisely as if this Proclamation had not been issued. Expenses of wit 10. All witnesses, medical or otherwise, summoned or attending to give evidence before any inquest shall be entitled nesses. to receive their expenses precisely as if witnesses summoned to give evidence at a criminal trial. 11. If the Resident Magistrate upon such inquest shall see reason to believe that the deceased person came by his death in any way which involved or amounted to some crime or offence upon the part of any person who can be made amenable to justice, the Resident Magistrate shall cause such person to be apprehended in order that criminal proceedings may be instituted against him. In all other cases the Resident Magistrate shall forward to the Legal Adviser to the Transvaal Administration the original evidence taken by him. 12. As often as it shall come to the knowledge of any Justice of the Peace that there is at any spot within his jurisdiction the dead body of any person who died suddenly or was found dead, or is supposed or suspected to have come by his death by violence or otherwise than in a natural way, such Justice of the Peace shall forthwith, if such spot be at a distance of six miles or less from the ordinary place of holding a Court, report the fact to the Resident Magistrate of the district, but if such spot shall be more than six miles from the ordinary place of holding a Court, such Justice of the Peace shall himself, with all convenient speed, proceed to the spot where the dead body is, and shall inspect the same, and, if necessary, shall cause the same if interred, to be disinterred for the purpose of such inspection, and shall obtain all such information as shall be procurable for the purpose of ascertaining the cause of death. Apprehension for purposes of criminal proceedings. Duty of Justice of Resident Magistrate. Peace to report to Viewing of corpse Peace. 13. In viewing the dead body the Justice of the Peace shall take careful note of all appearances, marks, and traces by Justice of the presented by it and about it which shall tend to show whether the deceased did or did not come by his death from violence, Proc. No. 10 of 1901. Justice of Peace to have corpse examined by medical practi tioner. Report by Justice and if from violence, whether the same was used by himself or some other, and if by some other, who such other was, or how he may be discovered. 14. It shall be the duty of the Justice of the Peace, where practicable, to cause the dead body to be examined as soon as possible by a regularly admitted medical man, if such can be procured, and if not, then by the best qualified person or persons that can be obtained, and such medical man or other qualified person shall be entitled to receive from the Receiver of Revenue for the district or area in which such Justice of the Peace has jurisdiction, his expenses precisely as if he had been summoned to give evidence at a criminal trial held at a place where he made such examination as aforesaid. 15. The Justice of the Peace shall without delay report to of Peace to Resident the Resident Magistrate in detail the circumstances of the case Magistrate. in order that such Magistrate may take such further steps if any as may be needful either to ascertain the cause of death or to bring to justice such person or persons as shall appear to have unlawfully caused such death. Duty of Resident Magistrate on receiving such report. Transmission of re port of proceedings to Attorney General. Fees of Justice of Peace. Resident Magis 16. Upon receiving such report as is in the last preceding section mentioned it shall be lawful for the Resident Magistrate, if in his opinion the circumstances of the case require it, to hold an inquest for the purpose of ascertaining the cause of death and thereupon it shall be competent for the said Magistrate to exercise all such power and functions and to perform all such duties in regard to the summoning and examination of witnesses and the inspection of the dead body as are hereinbefore provided in regard to cases occurring at or within a distance of six miles of the ordinary place of holding a Court. 17. As often as any case investigated by any Justice of the Peace shall be reported by him to any Resident Magistrate, and no inquest shall be held by such Magistrate, and no criminal proceedings shall be instituted against any person upon any charge arising from or connected with the death of the deceased person, the Resident Magistrate shall transmit to the Legal Adviser to the Transvaal Administration the Report of the Justice of the Peace, or a copy of it, together with such remarks upon the case, if any, as the Resident Magistrate shall think fit. 18. Every Justice of the Peace shall, for the performance of the duties imposed on him by this Proclamation, be entitled to a fee of two guineas for every day or portion of a day whilst engaged in such performance as aforesaid, which sum shall be paid to him by the Resident Magistrate of the district or area for which the said Justice of the Peace has jurisdiction. 19. For the purposes of this Proclamation the expression trate includes Assist- "Resident Magistrate," whenever it occurs, shall include ant Resident Magis- "Assistant Resident Magistrate." trate. |
