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AFRICAN BOOK COMPANY, LD.,

GRAHAMSTOWN,

CAPE OF GOOD HOPE,

PRINTERS.

INTRODUCTION.

The legal systems of South Africa.-Throughout South Africa, as in the majority of countries where the whole of the law has not been codified as is the case with most, if not all, of the Continental States-two legal systems co-exist side by side. They are the vast undigested mass of jurisprudence known as the Common Law, and the ever-increasing body of local regulations known as Statute Law. The Common Law of South Africa is the Roman-Dutch Law, which is the Roman Law modified by general custom and statute in Holland, and which was imported into South Africa by the Dutch East India Company after their first settlement in 1652. It is to the Roman-Dutch Law that South African lawyers resort for guidance in all affairs that are concerned with the general principles of contracts, of torts or delicts, of inheritance, of rights of possession and ownership (including those important parts of law which deal with servitudes, such as water rights), and of actions in general. The Common Law of South Africa, however, is the Roman-Dutch Law as it stood in the year 1806, when England finally acquired the Colony of the Cape of Good Hope. It is obvious that, with the march of civilisation and the consequent increase and development of commercial relationships, fresh laws were needed to regulate the multifarious dealings of men with men which are the outcome of our modern life. The Cape Colony, in the first instance, regulated by means of its Legislature many matters with which the Roman-Dutch Law does not deal at all. Again, many regulations of the Roman-Dutch Law were found to be inadequate to local needs and modern conditions, and consequently innovations were made in the Common Law. It may be safely said that by far the greater part of the practical lawas distinguished from that portion of jurisprudence which deals with general principles-with which a Cape

lawyer has to deal, is to be found in the Statute Law of Cape Colony. A knowledge of many of these Statutes is. indeed, requisite not merely for the lawyer, but for all persons who are engaged in commercial transactions or in affairs which bring them into contact with the great administrative departments of State. The same observations apply to Natal, which is the South African Colony next in seniority to Cape Colony, to the two quondam Republics-the Transvaal and Orange River Colony which now form two of the most important of British possessions, and to the Territory known as Rhodesia, which is not a Colony in the strict sense of the word, inasmuch as it is governed in the same way as was India up to 1858, and the Hudson's Bay Territory before its incorporation in the Dominion of Canada. The Statute Law of all these territories--which collectively form what is known as British South Africa-is contained in many ponderous volumes; and the task of extracting from them rules for guidance in every-day practical affairs has ever been a trying one to the busy practitioner or official. Year after year these statute books increase in bulk, and it becomes ever more difficult to know what laws are repealed, and what laws are still of effect.

Scope of this work. It seems, therefore, that the time has arrived when an attempt should be made to present to the legal and commercial world of British South Africa an epitome of all such portions of the Statute Law, and of regulations framed under the Statute Law, as are applicable in daily practice. What the busy practitioner needs is a work easy of reference, to which he may readily turn for guidance on matters with which he mainly has to deal. Most of the regulations which he should bear in mind are only discoverable in the obsolete files of some Government Gazette. Inasmuch as their application may be called for at any moment, it is in the highest degree desirable that they should be ready of reference. The present work constitutes an endeavour to present, in handy and compact form, a digest of South African Statute Law with here and there illustrations from the Common Law -bearing on matters, mainly

administrative, of practical importance. Imperfect such a work must necessarily be; but it is hoped that so far as Statute Law deals with the daily incidents of a man's life, from the cradle to the grave his infancy, guardianship, property rights, marriage general business relations, rights of action, and disposition of, property on death-a fairly complete summary has been given. The work does not pretend to be exhaustive; it aims at providing a reliable guide for all practical purposes. Many of the important enactments of more recent date-particularly in the recently acquired British possessions-have been given in full. All the summaries of Statute Law contain the complete gist of the matter, and it is claimed that no summary is in any way incomplete or misleading.

Obstacles. In the compilation of this work there have been many difficulties to contend with. The preparation of the HandBook has been carried on, for the most part, during a period of war and rebellion--now happily over-when postal communication was much disturbed, and the obtaining of much necessary information was greatly impeded in consequence. To this were added the difficulties in the way of free communication caused by the necessary but irksome permit system. Again, as we have indicated above, much of the material was almost inaccessible. Fortunately, valuable assistance in the obtaining of information has been rendered by the various Heads of Departments, particularly Registrars of Deeds, Masters of the Superior Courts, and the Law Departments throughout British South Africa. Information with regard to many departmental regulations, in particular, was only obtainable from Heads of Departments. One set of rules, in particular, is we believe, in possession of at most three persons in South Africa. This is a deplorable state of things, inasmuch as it is the duty of Governments always to have available a large supply, not merely of the Statute Law, but of all regulations appertaining to the guidance of State Departments as well. In this respect the example of the United States Government is well worthy of imitation. They provide gratis, to all who take the trouble of

asking, copies not merely of all the Statutes, but of all State publications--and in the United States their name is legionrelating to sociology, biology, political economy, international law, meteorology, and hundreds of other subjects, a thorough knowledge of which is conducive to the public welfare. Our South African Colonies cannot, as yet, afford to publish scientific information gratis on all matters which concern the commonweal ; but there can be absolutely no excuse for allowing the statutes and departmental regulations to go out of print.

Delay in Publication. The delay in the publication of this compilation is due not merely to the obstacles already indicated, but to the fact that much of the law in the Transvaal and Orange River Colony was in a transition stage, consequent upon war and its results. Many laws which were in force in both of the former Republics have been repealed, some because they were constitutional laws, and unsuited to Crown Colony Government, others because they were inadequate and urgently needed remodelling, others again because those who now have in hand the making of laws in the New Colonies thought fit to make various alterations, if not improvements. Publication has, therefore, been retarded, it being the desire of the compilers of this work to bring the work as far as po ssible up to date. References to certain laws in force in the New Colonies they have, much against their will, been compelled to exclude, as it is understood that these laws will shortly be repealed, and that others will be enacted in their stead. This is the case, for instance, with the new Company law of the Transvaal and Orange River Colony.

The Law List. - By far the greatest difficulties have been met with in the preparation of the Law List. An attempt has been made to compile a complete and accurate list of all legal practitioners in British South Africa. The attempt has not been completely successful. This is due entirely to the apathy of many legal men, who have taken no notice of circulars and letters requesting information concerning their admission, qualification, and residence, or who have given a portion only of the particulars

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