Page images

Such assignment shall, however, not be lawful until expressly approved of in writing by the Comptroller of Licences.

6. The amount of the various licences is fixed as follows:

Per Year. £ s. d. 25 0 0 25 0 0

10 0 0

1. Advocate (Repealed)

2. Attorney

3. Notary

4. Agent

5. Conveyancer

6. Sworn Translator

[blocks in formation]

9. Auctioneer

10. General Agent, Broker, Book-keeper, or Accountant

11. Physician (Repealed)

12. Surgeon (Repealed)

13. Dentist (Repealed)

14. Banks, for each branch (Repealed)

15. Boards of Executors or Companies of like kind, for each branch

22. Hotel-keeper in a town or village

23. Proprietors of a boarding or lodging-house as follows:

16. Pedlars and Hawkers

17. Travelling trader domiciled here

18. Travelling trader not domiciled here

19. Traveller or representative of foreign trading houses (Repealed)


20. Bakers, for each store or bake-house

21. Butchers, for each store or butcher-shop

From 5 to 10 boarders

More than 10 boarders

24. Proprietor of a wayside hotel ... 25. Kaffir eating house licences


From 25 to 35 muids

From 35 muids upwards

(Excluded herefrom are boarding or lodginghouses for school children.)

29. Wood Sawyer

30. Foreign Transport Riders, per wagon

[ocr errors]
[ocr errors]

31. Pawnbrokers

32. Keepers of coffee and tea rooms

(Only to be issued for locations; no Kaffir eating houses will be permitted in the town or on the proclaimed goldfields.)



26. Keeper of public billiard table, per table
27. Keeper of a bagatelle table, per table
28. Miller or keeper of a mill whose grinding capacity is less

than 5 muids in 24 hours



Mills which can grind 5 muids in 24 hours

Mills which can grind from 5 to 10 muids in 24 hours
From 10 to 15 muids
From 15 to 25 muids


[ocr errors]

10 0 0 500 300

2 00

10 0 0 7 10 0

7 10 0 500 500


150 0 0

50 0 0 500 20 0 0 30 0 0

20 0 0 200 200 20 0 0

500 7 10 0

12 0 0 5 0 0

20 00 500

0 10 0

100 200 400


10 0 0 15 0 0

10 0 0 800

40 0 0 300

For sale of £2,500 or less

£2,500 to 5,000 £5,000 7,500 £7,500 10,000 £10,000 15,000 £15,000 20,000 £20,000 25,000 £25,000 30,000 £30,000 40,000

7. For dealers, storekeepers, apothecaries or companies carrying on any trade business in this State not specified in Article 6 the amount of the yearly licence for each business or branch business shall be estimated according to a tariff rising in proportion to their sales as hereinbelow set out, the sales of products of agriculture and cattle breeding raised in the South African Republic being excluded in the making of such estimate:

[ocr errors]


[ocr errors]
[ocr errors]


[ocr errors]


[ocr errors]
[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small]

and so on for every £10,000 or portion thereof £10 more.

It shall be permitted to storekeepers to have a separate establishment under the one licence and on the one erf or stand for carrying on sales to natives, provided that only one set of books is kept.

8. The person or the company who has to take out a licence in terms of the previous section shall yearly before the 1st January hand in to the Landdrost, Civil Commissioner, Mining Commissioner, Responsible Clerk or Resident Justice of the Peace a sworn declaration setting out what amount he has to take out a licence for.

In the calculation thereof the average amount of the sales during the last three years may be taken, or where the business or the trade has not been established for so many years, during the time it has existed.

9. The person or the company who established a trading business as aforesaid shall commence by paying for a licence of the lowest class; but shall be obliged before the 15th December of the current year to supplement the same according to the above scale, until he reaches the class he ought to be ranked in, and he shall pay up the balance which is due by him.

9a. This obligation of making a supplementary payment shall operate in respect of all businesses where it appears that the amount of the sales exceeds the estimate of the declarant.

10. If it be proved that the estimate made by the declarant exceeds the amount of the sales the Government will, upon request, refund the amount overpaid, provided that application is made therefor within six months after lapse of the year for which the licence was taken out.

11. The Landdrost, Civil Commissioners, Mining Commissioners, Responsible Clerks, and Resident Justices of the Peace are charged with the signing and issuing of licences, with the exception of special marriage licences, which are signed and issued by the Under State Secretary.


12. The above-mentioned officials shall monthly transmit a complete list of the licences so issued, to the "Comptroller appointed over their department, who shall monthly transmit a complete return to the Inspector-General of Import Dues.

The Government appoints Comptrollers of Licences, who shall be subject to the instructions of the Inspector-General of Import Dues.

13. The Comptrollers of Licences shall keep a register of all licences issued.

They shall be obliged after the end of each month to publish a list in the Staatscourant, containing the names of the persons to whom and the object and the time for which such licences have been granted, in addition to the date of issue.

14. The Comptrollers shall at all times have the right to order any holder of a licence to produce his licence.

Refusal to comply with such order shall be punished by a fine not exceeding £100, and, in default of payment, by imprisonment, with or without hard labour, for a term not exceeding six months.

15. The Comptrollers of Licences are authorised to enquire into the correctness of the facts alleged in the declaration made in terms of Article 8.

In the event of well-grounded suspicion or complaint they shall be competent to inspect the books of the declarant, or to take possession of the same in order that they may be inspected.

Any person who has such books in his possession or under his charge or control, and shall refuse in the case mentioned in the previous paragraph to exhibit or hand the same to the Comptroller of Licences, shall be punished by a fine not exceeding £300, and, in default of payment, by imprisonment, with or without hard labour, for a period not exceeding nine months.

16. No person or company shall exercise or carry on any calling or business, specified in Articles 6 and 7 of this Law, unless he be provided with the licence requisite therefor according to this Law.

17. Each contravention of this provision shall be punished by a fine of five times the amount of the licence due, and, in default of payment, by imprisonment, with or without hard labour, for a period not exceeding one year.

18. He who, being provided with a trading licence, allows or enables any person who is not entitled to carry on business to trade by means of the said licence, shall be punished by a fine not exceeding £500, or imprisonment, with or without hard labour, for a period not exceeding one year.

19. He who in the declaration which he is obliged to submit in terms of Articles 8 and 9 understates the amount of the sales shall be punished by a fine equal to five times the amount of licence money short paid due in respect of the amount understated, and, in default of payment, by imprisonment, with or without hard labour, for a period not exceeding one year.

20. In case any contravention punishable according to this Law is committed by a company or firm, each partner, manager or local director of the company shall be held responsible therefor.

21. The Government shall have the right to award a portion, not exceeding one-half, of any fine inflicted by and paid up under this Law, to the informant. If the informant is a salaried official, not more than one-fourth of the fine inflicted and paid shall be awarded him.

22. The Landdrosts, Special and Assistant Landdrosts, Judicial Commissioners and Resident Justices of the Peace shall have special jurisdiction in respect of all contraventions of this Law; the right of the State Attorney to bring an accused to trial before the High or Circuit Court being reserved.


23. The regulation of licences for the exercise of callings and businesses for which provision is made or shall be made by special Laws is left to be dealt with in terms of such Laws.

24. All licences which, before the coming into operation of this Law, were issued for the exercise of any calling or business as specified by Articles 6 and 7 of this Law, shall remain of effect for the period for which granted, and all legal provisions which were of effect before the passing of this Law shall continue to be applicable to such licences.

25. The removal or transfer of licences under this Law from one place or locality to another within the same district, town or village shall be effected without any additional payment of licence for the period for which the licence is taken out; provided the holder of the licence gives notice of such transfer or removal to the officer charged with the issue of licences, who in his turn gives notice thereof to the Comptroller of Licences.

26. Repealed by Ordinance 50 of 1902.

27. All Laws conflicting with this Law are hereby repealed, and more especially Law No. 21, 1898.

28. This Law shall come into operation immediately after publication.

ORDINANCE No. 50, 1902.

By 2 of this Ordinance it is provided as follows:

(1) Every company carrying on banking business shall take out a yearly licence which shall authorise the carrying on of such business at the head or principal office and at every branch office of such company in this Colony.

(2) The amount payable in respect of such licence shall be £500 when the paid-up capital does not exceed £500,000, and an additional sum of £1 in respect of each complete £1,000 of paid-up capital in excess of £500,000.

(3) Every such licence shall be taken out at the office of the Receiver of Revenue for the district in which the head or principal office of such company in this Colony is situated.

(4) The person applying for such licence shall at the time of application lodge with the Receiver of Revenue a certified statement signed by the chairman, manager or other responsible officer of the company in this Colony showing the paid-up capital of such company.

« PreviousContinue »