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Supreme Court aforesaid, so far as applicable, subject always to the provisions of this Proclamation, to such rules as may be frained and published in manner provided in section 10 hereof, and to the decisions of the said Court hereby constituted upon all matters of practice arising in the course of any matter coming before the said Court under this Proclamation.
7. Within a time to be fixed by Government Notice in the Gazette aforesaid, which Notice shall likewise be published in the Gorernment Gazette of the Colony of the Cape of Good Hope, all such claims as aforesaid shall be filed with the Secretary of the said Court or any person appointed by the Governor for the purpose, and every claim shall be set forth in a document to be styled the claimant's declaration, to which document shall be annexed sach other documents as the claimant relies upon in support of his claim, or notarial copies thereof; provided that the filing of such notarial copies shall in po case be deemed to render unnecessary the due production, at the inquiry into or trial of any claim, of the original document or documents so relied upon.
8. No claim not duly filed within the time fixed as aforesaid, or such extended time as may be allowed by further Government Notice, shall be admitted to be filed, nor shall any such claim be thereafter entitled in any manner to recognition as of any legal validity in British Bechuanaland or elsewhere; provided that by special authority in writing from the Governor, a claim may be admitted to be filed for inquiry and decision by the said Court, notwithstanding the lapse of the period or periods fixed or allowed as aforesaid.
9. The Government of British Bechuanalaud shall be deemed to be a party in respect of every matter coming before the said Court for inquiry and decision, and may, by counsel or attorney, intervene, plead, lead evidence, and generally do all such things as would be competent to a party to a civil suit; but the said Court shall in bu case direct that costs of any claimant occasioned by opposition or other proceeding duly authorized by the Government shall be paid by the Government, unless it shall appear that such opposition or other proceeding is vexatious or frivolous.
10. Any person interested in supporting or opposing any claim in whole or in part may, with the leave of the said Court, in like mauner either in person or by counsel or attorney intervene, plead, lead evidence, and generally do all such things as would be competent to a party to a civil suit, and the said Court shall, in inquiring into or deciding upon any claim, alford sufficient opportunity to all such persons to take advantage of the provisions of this section, and for that purpose, and generally for the purposes of this Proclamation, the said Court may frame such iules of procedure and practice
as it may deem expedient, which shall be of full legal force and effect upon approval by the Governor and publication in the British Bechuanaland Government Gazette.
11. Notice of any claim founded upon an alleged grant by, or concession from, any native Chief shall be given to such Chief or bis successor by the Secretary of the said Court in full time to permit such Chief or his successor to take advantage of the provisions of the last preceding section, and such notice shall be given either by personal service or by publication in the said Government Gazette as the President of the said Court shall direct.
12. At the request of the claimant, any party or any interested native Chief or other person, the Secretary, with the authority of the said Court or the President, or either Assessor thereof, may grant, and the said Court or the President or either Assessor thereof may, in the interests of justice, direct the Secretary to issue subpenas or summonses, calling upon any person therein named to appear upon a day and at a place therein appointed, and to testify before the Court concerning any matter in issue as the subject of inquiry, and every person shall be bound and obliged to conform to and obey any such subpæna or summons, or any other competent order of the said Court duly served, whether such subpæna, summons, or order be granted or issued for the purpose of calling such person to give evidence, or for the furtherance of any other purpose within the scope of the power, jurisdiction, and authority conferred upon
the said Court ; and for default of obedience to any such subpæna, summons, or order the penalty shall be such as the Supreme Court aforesaid might in like case by attachment, fine, imprisonment, or otherwise direct and impose.
13. Evidence in connection with any matter coming before the said Court may be taken before the President, or at least one Assessor with the Secretary, or some person appointed to act as Secretary, and for this purpose the President or such Assessor or Assessors shall form a quorum of the said Court with all the power, jurisdiction, and authority hereby conferred, save and except that of finally deciding upon such matter otherwise than in accordance with section 4 hereof.
14. The said Court shall bave power to administer an oath to any witness, but may in its discretion admit affidavits or take oral statements in lieu of evidence upon oath from any witness; but all witnesses, whether testifying upon oath or not, shall be liable for false testimony to prosecution before any competent Court in British Bechuanaland, and, on conviction, to the punishment provided for the crime of perjury.
15. The proceedings of the said Court shall be open to the public uuless the said Court shall otherwise direct, and notes of the
evidence given in counection with any claim shall be duly recordel and preserved.
16. The said Court shall bave power to punish summarily any person who shall commit contempt of Court, ard to issue a warrant for the arrest of any person whom the said Court may suspect of having committed the crime of perjury as aforesaid, or of being guilts of any fraud, forgery, conspiracy, or attempt to commit any of the said crimes, or generally of any crime in connection with any matter coming before the said Court, and any person so arrested may be brought to trial or otherwise dealt with according to law by any Court of competent jurisdiction in British Bechuanaland.
17. Appeals shall lie from final judgments or orders of the said Court to Iler Majesty's Privy Council in like cases and manner, and subject to the like legal provisions, rules of Court, and practice which are in force and observed in connection with appeals from the fipal judgments or orders of the Supreme Court aforesaid.
Provided that no leave to appeal shall be granted -
(a.) Unless within one fortnight from the date of any judgment or order a petition for leave to appeal be filed with the Secretary of the said Court;
(6.) Save with the concurrence of the President of the said Court, who shall have jurisdiction to determine in every such petition without any assessor.
And provided further tbat
(1.) If within three calendar months from the date of any final judgment or order no leave to appeal shall have been obtained either from the said Court, with the concurrence of the President, from the President thereof, or from Her Majesty's Privy Council; or
(2.) If in case leave to appeal shall have been obtained, such appeal be either withdrawn, lapse by default at any stage, or be determined otherwise than by the final judgment or order of Her Majesty's Privy Council.
Every final judgment or order shall be deemed and taken to be and become ipso facto absolute, and titles or rights recognized or conferred thereby shall be and become indefeasible, subject to the provisions of this Proclamation.
18. The decision of the said Court shall not affect any land lying beyond the boundaries of British Bechuanaland to which any claim founded on an alleged grant or concession may extend.
19. The said Court shall have special power to adjudicate upon
(a.) The alleged rights of sovereignty in Willem Chrestian or Christian, Chief of the Bondelswartz natives, and his alleged rights and powers to grant land or make concessions in respect of any portion of the district of Mier;
(6.) The alleged rights of sovereignty of David Philander, and his alleged rights and powers to grant land or make concessions in respect of the country occupied by him and the people under
(c.) The alleged rights of sovereignty and the alleged rights and powers of the Bakalahari Chief Depullho, of Lohututu, to grant land or make concessions in any part of the district of Mier.
20. No grants of land or concessions shall be valid
(1.) If found to have been made by any Chief without the express consent or concurrence of his Council ;
(2.) If made by any Chief with relation to land in the possession of another Chief or his people without the express consent or concurrence of the latter Chief and his Council ;
(3.) If found to have been obtained by fraudulent or other improper means, or without adequate valuable consideration ;
(4.) If the said Court shall find that any of the terms or conditions
upon which such grant or concession was made has not been duly and satisfactorily performed ;
(5.) If the said Court shall not be satisfied of the authenticity of the document or docuinents of grant or concession relied upon, or that the grantee or cedent Chief or person well understood the nature and terms of the grant or concession; or
(6.) If the said Court shall find that the recognition of its validity would render impossible the establishment at any place of a suitable reserve for patives in accordance with the law of British Bechuanaland.
21. No condition in any grant or concession shall be valid
(1.) Which purports to confer exemption from taxation or from the law now or hereafter in force in British Bechuanaland; or
(2.) Which is found by the said Court to be calculated to confer or create
(a.) Any monopoly ; or
(6.) Any sole and exclusive right of trading or carrying on any commercial operation or undertaking; or
(c.) Any sole and exclusive right of carrying on any industrial or manufacturing operation, or any chemical operation concerning the winning or recovery of precious metals, or the reduction of refractory ores ; or
(3.) Which beyond reasonable or within vague or ill-defined limits confers sole or exclusive rights to precious stones minerals ;
Provided that the said Court may in its judgment and discretion define reasonable limits within which any such last-mentioned condition may be recognized as valid.
22. Any land, a grant or concession of which in ownership is
found to be valid by the said Court, shall be deemed to be acquired subject to
(a.) An annual quit rent, being not less than the amount which would be payable if such land were situated within the district of Gordonia, redeemable at twenty years' purchase ;
(6.) Such terms, conditions, or servitudes as are usually inserted in grants on perpetual quit rent in accordance with the law and practice prevailing in British Bechuanaland.
Provided that the reservation of the right of the Crown to precious stones and minerals shall not be included in the title of any land which the said Court may by its decision under this Proclamation award in ownership to any claimant who shali establish a sole and exclusive right to precious stones or minerals within such reasonable limits as aforesaid as may be defined by such decision.
23. The said Court in its discretion shall have full power to reduce claims founded on alleged grants or concessions which shall be found to be immoderate or unreasonable, and may by its decisions modify the terms, conditions, or scope of any grant or concession, or may impose equitable limitations, restrictions, or conditions upon the exercise of any grant or concession, provided that the powers conferred by this section shall, so far as possible, be exercised in any manner not inconsistent with the law of British Bechuapaland.
24. Before any title be issued to any land, a grant of which is affirmed by any judgment of the said Court, and before any rights of possession can be claimed under any judgment in respect of any land affected by any grant or concession, whether of ownership or of any lesser right to such larid, such land shall be surveyed by some duly qualified surveyor, whose work must be submitted for the approval of the Surveyor-General, and the cost of such survey shall be paid by the person, persons, or Company claiming to be entitled under such judgment.
25. No decision affirming any right or privilege in respect of land short of a right of ownership shall be deemed to exempt the holder at any time of such right or privilege from such laws as may be made hereafter regulating the exercise thereof.
26. The fees of office and Court fees to be taken from claimants or other parties interested and appearing in connection with any matter coming before the said Court shall be the same as those which would in like case or matter be taken in the Supreme Court aforesaid, provided that the said Court hereby constituted may, in any case not provided for, decide the fee to be taken in such and all similar cases.
27. The costs of proceedings before the said Court shall be