*20. Nothing in this Proclamation contained shall be taken to alter or repeal the regulations under Chapter XIX. of Law No. 12, of 1898, dealing with Mining Regulations, save and except that the investigation directed by Regulation 156 to be held by the Public Prosecutor shall be held by the Resident Magistrate or Assistant Resident Magistrate of the district or area in which the place where the accident took place is situate, and all the provisions of Sections 4 to 11 inclusive of this Proclamation shall apply mutatis mutandis, to the holding of such an investigation 21. This Proclamation may be cited for all purposes as "The Inquests Proclamation, 1901." Proc. No. 10 of 1901. Saving of Mining Regulations. Short Title. (This Proclamation was for the purpose of amending (as to minimum penalties) Law 23 of 1899, which was repealed by Pr. Tr. 37 of 1901.) Transvaal Proc. No. 11 of 1901. *Law No. 12 of 1898 has been repealed by Ord. 54 of 1903, and Regulations under that Ordinance are published under Govt. Notice 826 of 1903 (Gazette, 14 Aug., 1903, p. 613). Proc. No. 12 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. (DATED 1ST JULY, 1901.) WHEREAS prior to the commencement of present hostilities between His Majesty and the late South African Republic and Orange Free State contracts had been entered into between owners of farms and other lands in this Colony and certain other persons, by which rights were acquired to purchase such farms and lands or to purchase or lease the mining rights thereover with or without the right of prospecting for minerals and precious stones thereon: And whereas as a rule the said contracts require that payments by way of rent or otherwise be made at certain fixed times in consideration and for the preservation of the said rights, and also that such rights be exercised within a certain time: And whereas as a rule the said contracts further provide that in default of such payments as aforesaid, or in default of exercising such rights within the time stipulated therein, the said contracts would cease and determine : And whereas owing to a state of war having arisen between His Majesty and the late South African Republic and Orange Free State holders of such rights as aforesaid were prevented from complying with the terms of the said contracts, more especially in respect of the making of such payments and the exercise of such rights as aforesaid, not only by reason of the fact that many of such holders, being British subjects, were compelled to leave the Transvaal at the commencement of the aforesaid hostilities, and were prohibited by Law and warned by Proclamation of the High Commissioner from having any dealings with the enemy, but also by reason, inter alia, of the fact that such owners were absent from their farms on military service against His Majesty and could not be communicated with for the purpose of complying with the terms of the aforesaid contracts: And whereas it appears to me to be just and equitable in the circumstances that some relief should be given to the holders of such rights as aforesaid: Now therefore, by virtue of the authority in me vested, I do hereby declare, proclaim and make known as follows: Proc. No. 12 of 1901. Extension of time contracts. 1. Save as is hereinafter mentioned in all contracts executed prior to the date of the commencement of hostilities between for exercising option His Majesty and the late South African Republic and Orange Free State, to wit, the 11th day of October, 1899, by which rights were acquired to purchase farms and other lands situated in this Colony or to purchase or lease the mining rights thereover, with or without the right of prospecting thereon for minerals or precious stones, the period between the 11th day of October, 1899, and a *date to be hereafter notified in the Gazette, shall not be taken into account in calculating the period during which it was agreed between the contracting parties that such contracts were to be in force. 2. All payments required by the said contracts to be made and which became or shall become due during the said period mentioned in the last preceding section, and all acts required to be performed in consideration and for the preservation of the rights acquired thereunder during the said period, and all rights required to be exercised at a time falling within the said period, may, save as hereinafter mentioned, be made, performed, and exercised as if the said period between the 11th of October, 1899, and the date notified in the Gazette as aforesaid did not exist, and as if the latter date were the 11th October, 1899; and all payments made, acts performed and rights exercised in terms of the said contracts as interpreted by this Proclamation, shall be deemed and taken to be for all such purposes a due compliance therewith. Savings. In cases of neglect mation not to apply. 3. Whenever it is proved to the satisfaction of any competent Court that the payments, acts and rights mentioned provisions of Proclain the last preceding section were not made, performed or exercised through the neglect of the person required to make, perform and exercise them, and not because of any of the reasons mentioned in the preamble of this Proclamation or any reason due directly to the existence of the aforesaid hostilities, then the provisions of this Proclamation shall not apply. *By Government Notice No. 223 of 1902, the 1st of June, 1902, was notified as the date from which time would again commence to run under the above Section. This date was subsequently by Pr. Tr. 37 of 1902 (qv.) changed to 1st August, 1902: and Government Notice No. 223 of 1902 was withdrawn. Transvaal Proc. No. 13 of 1901. 78 RECOVERY OF ARREAR WATER-RATES IN JOHANNESBURG. (Obsolete. See Pr. Tr. 21 of 1902.) Preamble. Extension of Juris Resident Magistrate at PROCLAMATION By His Excellency BARON KITCHENER OF KHARTOUM, Acting High Commissioner for South Africa and Acting Administrator of the Transvaal, &c., &c., &c. (DATED 1ST JULY, 1901.) WHEREAS the Court of Resident Magistrate at Johannesburg has, under Proclamation No. 6 of 1901, no civil jurisdiction in any case in which the cause of action arose prior to the 1st September, 1900: And whereas the Johannesburg Waterworks Estate and Exploration Company have undertaken to turn on the water under its control to any house on application therefor being made to it by the occupier, notwithstanding that there may be rates due and in arrear for water supplied to such house prior to 31st May last: And whereas it is desirable that the said Company shall be able to institute proceedings at law for the recovery of any arrear rates alleged to be due to it at any time prior to the 1st September, 1900: Now, therefore, by virtue of the authority in me vested, I do hereby declare, proclaim, and make known as follows: - 1. Notwithstanding anything contained in Proclamation diction of Court of No. 6 of 1901 to the contrary, the Court of Resident Magistrate at Johannesburg shall have jurisdiction to try any civil suit or action either brought by the Johannesburg Waterworks Estate and Exploration Company for the payment of water rates alleged to be due to it, whether such rates became due and payable before or after the 1st September, 1900, or brought by any person against such Company as aforesaid for the refund of any rates paid by such person to the said Company under protest, whether such payment was made before or after the said 1st September, 1900, provided always that in any such suit or action the amount claimed shall not exceed £100. Recovery of sums not over £15. 2. When the sum claimed either by the said Company on account of the arrear rates or by any person against such Company for a refund of moneys paid under protest does not exceed the sum of £15, the claimant shall have the right to proceed for the recovery thereof under Law No. 10 of 1897 relating to the recovery of petty debts. Proc. No. 14 of 1901. [Obsolete.] PROCLAMATION By His Excellency BARON KITCHENER OF KHARTOUM, Acting High Commissioner for South Africa and Acting Administrator of the Transvaal, &c., &c., &c. (DATED 2ND JULY, 1901.) HEREAS BY PROCLAMATION No. 6 of 1901 a Resident Magistrate appointed thereunder is vested with all the powers with regard to marriages conferred on a Landdrost by Law No. 3 of 1871: And whereas it is desirable that Assistant Resident Magistrates should be vested with the same powers in regard to marriages that are now vested in Resident Magistrates: Now, therefore, by virtue of the authority vested in me, I do hereby declare, proclaim and make known as follows: Preamble. Assistant Resident be a Marriage Officer. *1. The term "Resident Magistrates" in section 17 of Proclamation No. 6 of 1901 shall be taken to include Assistant Magistrate to Resident Magistrates, and all marriages which before the taking effect of this Proclamation have been celebrated by any Assistant Resident Magistrate of any District or Area shall be as valid in all respects as if the same had been celebrated by the Resident Magistrate of such District or Area. The power of celebrating Marriages is expressly given to an A.R.M. by Pr. Tr. 21 of 1902, Sect. 8. |
