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obtained at the place where the bill is dishonoured, any landowner or householder of the place may in the presence of two witnesses give a certificate signed by them attesting the dishonour of the bill, and the certificate shall in all respects operate as if it were a formal protest of the bill. The form given in the schedule to this Proclamation may be used with necessary modifications, and if used shall be sufficient.
94. The provisions of this Proclamation to cheques shall apply to a warrant for payment of a dividend, to a coupon for payment of interest and to postal or money orders.
95. Nothing in this Proclamation shall affect the provisions of or in any way restrict,
(1) the Stamp Laws or any Law for the time being in
force relating to the revenue ; (2) Law No. 2 of 1893, relating to banks, and any amend
ment thereof; (3) the Laws relating to companies; (4) the procedure and practice in regard to the granting
of provisional sentence in judicial proceedings.
But all other Laws inconsistent with the provisions of this Proclamation shall be repealed from and after the taking effect of this Proclamation.
96. This Proclamation shall be known and cited as " The Bills of Exchange Proclamation, 1902,” and shall take effect from and after the 15th April next.
SCHEDULE. FORM OF PROTEST WHICH MAY BE USED WHEN THE SERVICES OF A NOTARY
CANNOT BE OBTAINED. Know all men that I, A, B., landowner or householder of...... in the district of......
Transvaal, at the request of C. D., there being no notary public available, did on the.........day of. 190......at..
.demand payment (or acceptance) of the bill of exchange hereunder written from E. F., to which demand he made answer (state answer if any), wherefore I' now in the presence of G. H. and J. K. do protest the said bill of exchange.
J. K. ... N.B.—The bill itself should be annexed or a copy of the bill, and all that there is thereon should be underwritten.
PART 4.-TRADING LAWS.
Law No. 28, 1896. Whereas it has been found desirable to make provision for the due observance and against the violation of the Sabbath, it is hereby enacted and provided as follows :
1. The following persons shall, as being guilty of a violation of the Sabbath, be punished for each offence by imprisonment for a period not exceeding one month, or by a fine not exceeding £5. sterling, or, in default of payment, by imprisonment for a period not exceeding one month, viz. :
(a) He who on Sunday does any field or garden work,
except where such work is done for the preservation of field and other fruits, and in cases of pressing
necessity. (b) He who fires off a gun or other firearm, without being
duly authorised by law or otherwise (sic) so to do, unless he does so for the purpose of self-defence and
protection of his property. (c) He who goes out shooting wild or other animals on
Sunday, or goes out hunting the same with dogs or other animals.
It shall, however, be permissible to kill vermin which
do damage on Sunday on anyone's ground. (d) A transport rider or overseer of a transport wagon
who enters the bounds of a town on Sunday, or, being in the town, travels through it, or loads or off-loads freight on Sunday, or causes it to be loaded or off
loaded. (c) He who on Sunday causes disturbance or hindrance,
whether by driving or riding, whether by making a din or noise, or in any other way.
2. The following persons shall, as being guilty of a violation of the Sabbath, be punished for each offence by imprisonment for a period not exceeding six months, or fine not exceeding £100 sterling, or, in default of payment, by imprisonment for a period not exceeding six months :
(a) He who on Sunday sells or offers for sale or exposes
for sale goods, merchandise, cattle or other live stock. (6) He who on Sunday keeps open a shop, store or other
place with the object of selling or trading, or shall
be engaged as haircutter, barber or hairdresser. (c) He who on Sunday works with steam or other machines
causes the same to be worked. Working with machinery in the public service, e.g., on railways, for lighting or pumping of water for public use, is
excepted from the operation of this Law. 3. The goods, merchandise, the cattle or other live stock, and the firearms with which or wherewith the offence stated in Arts. 1 and 2 has been committed, may be seized and attached by any Justice of the Peace, Field Cornet, Assistant Field Cornet, Constable or Gamekeeper, and may, in the event of a fine being inflicted, be sold in order that the fine may be recovered from the proceeds thereof, if the fine is not paid within three weeks after the sentence has become final.
4. Permissible and not punishable are-
druggists, and the keeping open on that day of a
object of selling medicines; (b) the supplying on Sunday of the necessary food and
drink to travellers and inmates by licensed hotel or
boarding-house keepers ; (c) the selling on Sunday before 9 o'clock in the morning
of meat, bread, or fish by butchers, bakers, or fishmongers, and the keeping open during these hours by the said persons of shop, store or other places with
the object of selling meat, bread, or fish; (d) the selling of milk on Sunday before 9 o'clock in the
morning and after 4 o'clock in the afternoon by milk dealers, and the keeping open during these hours of a shop, store, or other place with the object of selling milk.
5. The Government shall have the right to permit or order the delivery on Sunday of eatables or other goods by a Government contractor.
6. The Market Master or other person charged with the care or supervision over the market, who on Sunday on the market sells, offers for sale or permits another person so to sell or offer for sale, goods, merchandise, cattle or other live stock, shall, as being guilty of a violation of the Sabbath, be punished for each offence by imprisonment for a period not exceeding one month, or fine not exceeding £5 sterling, or, in default of payment, by imprisonment for a period not exceeding thirty days.
7. The owner, lessor, or manager of a public billiard room, or other public place of recreation, who allows or permits any game to be played there on Sunday, or any public entertainment to be held there, such as theatrical displays, café-chantants, public dances, concerts (except for sacred music), races, shall be punished by imprisonment for a period not exceeding one month, or fine not exceeding £50 sterling, or, in default of payment, by imprisonment for a period not exceeding one month.
8. All Landdrosts, Justices of the Peace, Field Cornets, Assistant Field Cornets, and Police Officials, shall have the right to disperse persons assembled on Sunday at a public or open place to play or gamble there, or hold dog or cock fights there, or hold races there, or pit animals to run against each other for the purpose of betting, or in order to attend any such sports, as also in cases of beer and dance parties held by natives, and to seize and attach, destroy, or in other ways dispose of the contrivances, instruments, or animals used thereat.
All persons as aforesaid engaged in playing or gambling, or in holding dog or cock fights, races, or in pitting animals to run against each other, or making bets thereon, or attending on such occasions, may be arrested and punished by imprisonment for a period not exceeding six months, or by a fine not exceeding £100 sterling, or, in default of payment, by imprisonment for a period not exceeding six months.
9. Landdrosts, other officials with similar jurisdiction, and all Resident Justices of the Peace, shall have jurisdiction in all cases of contravention of this Law.
10. The Government shall have the power in each separate case to define what portion of the fine, the forfeited goods, or the
proceeds thereof shall be awarded to the informant, and who, witlu regard hereto, is to be deemed the informant.
11. The Laws No. 2, 1888, and No. 16, 1894, are hereby repealed.
12. This Law shall come into operation immediately after publication in the Staatscourant.
ORDINANCE No. 54, 1903. By $ 12 of this Ordinance Article 2 of Law No. 28 of 1896, in so far as it applies to the working of a mine, is repealed. Section 5 of this Ordinarce enacts that
It shall not be lawful to perform any work in or about a mine after twelve midnight on Saturdays up to twelve midnight on Sundays, or after twelve midnight on the day before Christmas Day or Good Friday up to twelve midnight on such day, except such work as is necessary and unavoidable in order to maintain the mine and machinery in proper working condition. Such necessary and unavoidable work is
(a) attending to and working pumping machinery and
steam boilers appertaining to the same; (6) such repairs, either above or below the ground, as
cannot be delayed without causing damage and cannot be done on working days without unduly interfering with the work of the mine. The necessary
labour in the workshops required for such repairs shall also
be permitted ; (c) the chemical treatment of ore; (d) keeping on blast or smelting furnaces; (e) running stamp mills or other machinery used for
crushing ore. Should it be necessary to carry on temporarily any other work in or about a mine on Sunday, Christmas Day or Good Friday, permission to do so may be granted by the Government Mining Engineer on application made to the Inspector of Mines.
Any person contravening the provisions of this section shall be liable to a fine not exceeding £75, or, in default of payment, to imprisonment, with or without hard labour, for a period not exceeding three months.