Proc. No. 24 of 1901. (Repealed by Pr. Tr. 28 of 1902.) Preamble. Powers of Orphan Master in case of estate of deceased person not exceeding £100. Duties of Executor appointed. PROCLAMATION By His Excellency BARON MILNER Administrator of the Transvaal, and His Majesty's High Commissioner for South Africa, &c., &c.,&c. (DATED 18TH SEPTEMBER, 1901.) WHE HEREAS it is necessary to provide for the speedy liquidation of Estates of deceased persons which are of small value : Now, therefore, by virtue of the authority in me rested, I do hereby declare, proclaim, and make known as follows: 1. In all cases in which it shall appear from the Death Notice or Inventory filed in respect of the Estate of any deceased person and from such other information as the Orphan Master may call for that the value of the assets of such Estate does not exceed £100 sterling, it shall be lawful for the Orphan Master summarily and without observance of the usual and customary forms to appoint an Executor to administer the Estate of such deceased person; provided that in all cases where an Executor has been nominated by last will or other testamentary writing of such deceased person, the person so nominated shall, if present and willing to act, be appointed by the said Orphan Master as such Executor; and provided further that the Orphan Master shall require such security from Executors other than Erecutors Testamentary as he may deem fit. 2. Any Executor so appointed as aforesaid shall administer such Estate in terms of the provisions of Law No. 12, 1870; proridded always that it shall be lawful for the Orphan Master at any time to direct that such Estate is to be administered within a less time than is by the said Law No. 12, 1870, prescribed, and to give directions: · (a) With regard to the advertising for claims against the Estate, that such advertisement be inserted once or twice only in the Gazette and that all claims are to be filed within fourteen days from the last publication thereof. (b) With regard to the filing of a liquidation and distribution account, that the same is to be filed within fourteen days after the time fixed for the sending in of claims shall have expired, and that notice be published once or twice in the Gazette that the liquidation account is open for the inspection of the parties interested for a period of fourteen days, during which time any objections to the same are to be lodged. Any such directions given by the Orphan Master as aforesaid shall have and be of full force and effect; subject, however, to the right of the Orphan Master to grant an extension of any period previously fixed by him should he see cause. 3. It shall be lawful for the Orphan Master to approve of and confirm any liquidation and distribution account filed as aforesaid, and to the confirmation of which no objections shall have been lodged by any interested party, or if lodged shall have been withdrawn. 4. Any person who shall lodge an objection to any such liquidation and distribution account as aforesaid shall within two weeks after lodging his objection, unless such objection has been accepted by the Executor and the account amended accordingly, institute an action in the Court of the Resident Magistrate of Pretoria or of the district in which the Executor resides, in order to have his objection declared valid and of force, and such Court shall have jurisdiction to decide such objection and to order the amendment of or to confirm such account, although such Court might for any other reasons not have had jurisdiction in such case. Failing the institution of such action as aforesaid within the time allowed, the liquidation account may be confirmed by the Orphan Master. The confirmation of any account under this Proclamation shall have the like effect in law as the confirmation of an account under Law No. 12, 1870. 5. In all cases in which an Executor shall already have been appointed to an Estate the value of the assets of which shall not exceed £100 sterling, it shall be lawful for the Orphan Master to direct that the administration of such Estate is to be conducted as nearly as possible in terms of the provisions of this Proclamation. Proc. No. 24 of 1901. Powers of Orphan Master as to confirmation of accounts. Objections to accounts. Powers of Orphan Master where Execu tor already appointed. Powers to remit Great Britain, &c. 6. In all cases in which the amount shall have been deposited with the Orphan Master in any such Estate as aforesaid for the heirs amounts deposited to of any deceased person who are known or believed or supposed to be resident in Great Britain and Ireland, or in any British Colony, it shall be lawful for the Orphan Master to remit such amount to such person in Great Britain or Ireland or in any such British Colony (as the case may be) as the Legal Adviser to the Transvaal Administration may direct to be dealt with by such person as regards the distribution thereof as the laws of the country to which such amount is remitted may require. Proc. No. 25 of 1901. (Previously published as No. 18 of 1901.) PROCLAMATION By His Excellency BARON MILNER, Administrator of the (DATED 16TH SEPTEMBER, 1901.) Y VIRTUE of the provisions of Clause 5 of the Order of His Majesty in Council, dated the 8th day of August, 1901, hereunto annexed, it is hereby proclaimed and made known that the said Order shall come into operation in the Transvaal on the 30th day of August, 1901. Whereas by an Order of Her late Majesty Queen Victoria in Council, dated the 17th day of November, 1888, it was provided that Part 2 of the Fugitive Offenders Act, 1881, should apply to the group of British Possessions therein mentioned: And whereas by a further Order of Her late Majesty in Council, dated the 12th day of December, 1891, it was provided that the Fugitive Offenders Act, 1881, should apply as if the territories within the limits of Part 1 of the said Order were a British Possession, and that Part 2 of the said Act should apply to the British Possessions named in the aforesaid Order of the 17th day of November, 1888, and to the parts of South Africa mentioned in the said Örder of the 12th day of December, 1891: And whereas by an Order of Her late Majesty in Council, dated the 3rd day of October, 1895, it was provided that the Governor of the Colony of the Cape of Good Hope might declare by Proclamation that on the date named in such Proclamation the territory of British Bechuanaland should be annexed to and form part of the Colony of the Cape of Good Hope, and by Proclamation by the said Governor dated the 11th day of November, 1895, the territory of British Bechuanaland was on the 16th day of November, 1895, annexed to and became part of the said Colony : And whereas by Letters Patent passed under the Great Seal of the United Kingdom, dated the 1st day of December, 1897, the Governor for the time being of the Colony of Natal was authorised by Proclamation to declare that, from and after a date in such Proclamation to be mentioned, the British Possession of Zululand should be annexed to and form part of the Colony of Natal, and such Proclamation was duly made on the 29th day of December, 1897, and the said Possession of Zululand was from and after the 30th day of December, 1897, annexed to and became part of the said Colony : And whereas by a Proclamation, dated the 24th day of May, 1900, certain territories in South Africa theretofore known as the Orange Free State were annexed to and now form part of His Majesty's Dominions and are known. as the Orange River Colony : And whereas by a Proclamation, dated the 1st day of September, 1900, certain territories in South Africa heretofore known as the South African Republic were annexed to and now form part of His Majesty's Dominions and are known as the Transvaal: And whereas by treaty, grant, usage, sufferance and other lawful means, His Majesty has power and jurisdiction in the territories of South Africa known as the Bechuanaland Protectorate, Southern Rhodesia, Barotsiland, North Western Rhodesia, North Eastern Rhodesia and the British Central Africa Protectorate: And whereas by reason of the contiguity of the aforesaid Colonies and Possessions in South Africa and the said territories, and the frequent intercommunication between them, it seems expedient to His Majesty and conducive to the better administration of justice therein that Part 2 of the Fugitive Offenders Act, 1881, should apply to the said Colonies, Possessions, and territories, and that, subject to the provisions of this Order, the Fugitive Offenders Act, 1881, should apply as if the said territories respectively were British Possessions : Now therefore, His Majesty by virtue of the powers in this behalf by the Fugitive Offenders Act, 1881, the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is pleased by and with the advice of his Privy Council, to order, and it is hereby ordered as follows:- 1. Subject to the provisions of this Order the Fugitive Offenders Act, 1881, shall apply as if the territories named in the First Schedule of this Order were a British Possession. 2. In the Fugitive Offenders Act, 1881, as hereby applied to the territories named in Schedule 1 of this Order and in this Order with reference to the said territories, unless the context otherwise requires, the expression "Governor " means the officer for the time being exercising the functions: (a) As regards the Bechuanaland Protectorate, Southern Rhodesia, and Barotsiland, North Western Rhodesia, of High Commissioner for South Africa: (b) As regards the British Central Africa Protectorate and North Eastern Rhodesia, of Commissioner and Consul General: 3. The jurisdiction under Part 1 of the Fugitive Offenders Act, 1881, to hear a case and commit a fugitive to prison to await his return may be exercised in the territories named in Schedule 1 of this Order by any person having in the said territories authority to issue a warrant for the apprehension of persons accused of crime and to commit such persons for trial. 4. Part 2 of the Fugitive Offenders Act, 1881, shall apply to the Colonies, Possessions, and territories mentioned in Schedules 1 and 2 of this Order. 5. The Governor of each of the Colonies, Possessions, and territories named in the Schedules to this Order shall cause this Order to be proclaimed therein and this Order shall come into operation on a day to be fixed by such proclamation. 6. The Orders of Her late Majesty Queen Victoria in Council of the 17th day of November, 1888, and the 12th day of December, 1891, shall, as from the date of the coming into operation of this Order, be revoked, without prejudice to anything lawfully done thereunder, or to any proceedings commenced before the said date. SCHEDULE I. The Bechuanaland Protectorate. Barotsiland, North Western Rhodesia. British Central Africa Protectorate. North Eastern Rhodesia. SCHEDULE 2. The Colony of the Cape of Good Hope. The Colony of Natal, Basutoland. The Orange River Colony. The Transvaal. A. W. FITZROY, Proc. No. 25 of 1901. Proc. No. 26 of 1901. Preamble. Alienations, &c., by Government of late Republic not to be recognised. PROCLAMATION By His Excellency BARON MILNER, Administrator of the (DATED 27TH SEPTEMBER, 1901.) WHEREAS a Proclamation was issued by the High Commissioner at Capetown, on the 19th March, 1900, notifying that the Government of Her late Majesty the Queen would not recognise as valid any alienations of property or any interest therein or any charges or incumbrances thereon affected, declared, charged, or made by the late Governments of the South African Republic or Orange Free State subsequent to the date of the said Proclamation or any concessions granted by either of the said Governments subsequent to that date. And whereas it is desirable to give full force and effect to such Proclamation as Law within the Transvaal. Now, therefore, by virtue of the authority in me vested, I do hereby declare, proclaim, and make known as follows:- 1. Any alienation of property, whether of lands, railways, mines, or mining rights, within the Transvaal, and any interest therein of whatsoever nature, and any charges or incumbrances of whatsoever description upon any such property or interest as aforesaid, effected, declared, charged, or made by the late Government of the South African Republic subsequent to the 19th March, 1900, and any concessions granted by the said Government subsequent to the said date shall be and are hereby declared to be null and void and of no effect whatsoever. |