has taken refuge, the surrender may be deferred until such No. 2-1877. person shall have been set at liberty in due course of law: Provided always that in case such person should be proceeded against or detained in such territory on account of obligations contracted towards private individuals, the surrender shall nevertheless take place, the injured party retaining his right to prosecute his claims before the competent authority. Articles found person de XI. Every article found in the possession of the person on claimed at the time of his arrest shall, if the competent ivered up. authority so decide, be seized in order to be delivered up when such person shall be surrendered. Such delivery shall not be limited to the property or articles obtained by theft or fraud, but shall extend to everything that may serve as proof of the crime; saving always the rights of third parties with regard to such property or articles. of Ordinance. XII. This Ordinance shall commence and take effect, so Commencement far as concerns the extradition of the persons accused of the crimes mentioned in the Schedule hereto escaping from territories or dominions of the South African Republic, when and so soon as the Governor shall, by Proclamation under his hand and the public seal of the Province declare and pronounce that the Legislature of the said South African Republic has made sufficient provision by law for the apprehension and delivering to the officers of justice of this Province authorized to that effect of offenders escaping to any place within the territories of the said South African Republic, who may be charged with having committed within this Province any of the crimes or offences mentioned in the Schedule hereto; and shall commence and take effect so far as concerns the extradition of the person accused of the crimes mentioned in the Schedule hereto, escaping from the territories and dominions of the Orange Free State, when and so soon as the Governor shall, by proclamation under his hand and the public seal of this Province, declare and proclaim that the Legislature of the said Orange Free State has made sufficient provision by law for the apprehension and delivering to the officers of justice in this Province, authorized to that effect of offenders escaping to any place within the territories of the said Orange Free State, who may be charged with having committted within this Province any of the crimes or offences mentioned in the Schedule hereto. XIII. This Ordinance may for all purposes be cited as short title. the "Extradition of Criminals Ordinance, 1877." SCHEDULE. List of crimes in respect whereof extradition to or from the Colonies of the Cape of Good Hope or Natal, or to or No. 3-1877. from the South African Republic or the Orange Free State, may be demanded under and in pursuance of the provisions of this Ordinance : Preamble. Definition of 1.-Murder, and attempt and conspiracy to murder. 3.-Counterfeiting and altering money, and uttering 4.-Forgery, counterfeiting and altering, and uttering what is forged, or counterfeited, or altered. 5. Theft. Theft by means of false pretences. Theft by means of embezzlement, and inducing to steal. 12.-Arson. 13.-Robbery. 14.-Aggravated or Indecent Assault. 15.-Threats by letter or otherwise, with intent to extort. 16.-Perjury and Subornation of Perjury. [Assented to by the Governor, see Govt. Notice No. 46, 21st March, 1878.] [No. 3 of 1877.-Sd. J. D. Barry. [19th March, 1877. Ordinance to control Recruiting in this Province for the WHE HEREAS it is expedient that the Governor should exercise full control over Recruiting in this Province for the Service of Foreign States: Be it enacted by the Administrator of the Province of Griqualand West, with the advice and consent of the Legislative Council thereof, as follows: I. In this Ordinance "Foreign State" includes any Foreign States. person or persons exercising or assuming to exercise the powers of Government in or over any country, colony, province, or people beyond the limits of this Province. Governor's powers of prohibi II. If any person is, within the limits of this Province, tion of private obtaining or attempting to obtain recruits for the service of persons. any Foreign State in any capacity, the Governor may, by order in writing signed by the Colonial Secretary, either pro hibit such person from so doing, or permit him to do so, subject to any conditions which the Governor in Council thinks fit to impose. No.4-1877. Governor's gene III. The Governor may, from time to time, by general al powers of order notified in the Government Gazette, either prohibit re- prohibition. cruiting for the service of any Foreign State, or impose upon such recruiting any conditions which he thinks fit. may rescind or vary IV. The Governor may rescind or vary any order made Governor under this Ordinance in such manner as he thinks fit. V. Whoever, in violation of the prohibition of the Governor, or of any condition subject to which permission to reeruit may have been accorded, any order. (a) induces, or attempts to induce, any person to offences. (b) knowingly aids in the engagement of any person Penalties. Courts. VI. Any offence against this Ordinance may be inquired Jurisdiction of into, and tried as well in any district in which the person accused may be found as in any district in which the offence may have been committed. VII. This Ordinance may be cited for all purposes as Short title. the "Foreign Recruiting Ordinance, 1877." [Assented to by the Governor-see Government Notice No. 119, 5th July, 1877. Assented to by Her Majesty—see Government Notice No. 153, 4th September, 1877]. No. 4 of 1877 (1).—Sd. J. D. Barry.] [26th March, 1877 Ordinance for the Better Regulation of the Trade in Diamonds W in Griqualand West. HEREAS it is expedient to amend the laws in force Preamble. for regulating the buying and selling of rough or uncut diamonds in this Province, and to make better provision for the prevention of illicit dealing therein : (1). See Ordinance 6, 1879. In the event of the " Diamond Trade Act, 1882," at present under consideration of the Legislature becoming law, this Ordinance stands repealed. [Ed. G. W. S., 1st June, 1882.] No. 4-1877. Ordinances 421 Be it enacted by the Administrator of the Province of Griqualand West, with the advice and consent of the Legislative Council thereof, as follows: and 31 of 1874, 1. Ordinances 21 and 31 of 1874 are hereby rescinded and repealed. repealed. Diamond dealing between sun II. (1). It shall not be lawful for any person or persons, or any firm or joint-stock company, save as hereinafter excepted, to buy, deal in, or receive by way of barter, pledge or otherwise, for purposes of trade, either as principal or agent within this Province, any rough or uncut diamond or diamonds, unless such person or persons shall be duly licensed to deal in diamonds within this Province, or unless such person or persons, firm, or jointstock company shall be duly licensed to trade as a banker or bankers within this Province: And every person convicted of contravening this section shall incur the penalty for the first offence of a fine not exceeding five hundred pounds sterling, or of imprisonment with or without hard labour, for any period not exceeding three years, or of both such fine and such imprisonment; and for a second or subsequent offence of a fine not exceeding one thousand pounds sterling, or of imprisonment, with or without hard labour, for any period not exceeding seven years, or of both such fine and such imprisonment: Provided that every purchase of a rough or uncut diamond shall be prima facie deemed and taken to be for purposes of trade until the contrary appear. III. It shall not be lawful, save as hereinafter is exset and sunrise, cepted, for any licensed banker, or diamond dealer within this Province, to buy (2), deal in, or receive by way of barter, pledge, or in any way, for purposes of trade, dispose of any rough or uncut diamond or diamonds between sunset and sunrise, or on Sundays, or at any place except at the office of a licensed banker or diamond dealer, and every person convicted of contravening this section shall incur a penalty not exceeding one hundred pounds, and shall be liable to forfeit his licence. and on Sundays, prohibited. stamp on Dia licence. Amount of IV. Every licence to (2) deal in rough or uncut diamond Dealer's monds within this Province shall be written upon or covered with stamps of the value of thirty pounds sterling for a yearly licence, or ten pounds sterling for a quarterly licence, and every such licence shall be in the form set forth in the Schedule A hereto. Provided that all such licences as are quarterly shall, no matter when taken out, terminate on the last day of the current quarter, such quarters ending respectively on the 31st March, 30th June, 30th September, and 31st December; and all such licenses as are annual shall, no matter when taken out, expire on the 31st December then next; provided further that nothing herein contained shall be taken or deemed to affect licences taken out before the passing of this Ordinance. Certificate of fitness required granted. V. (2). It shall not be lawful for any Distributor of Stamps before diamond within this Province to issue any licence to (2) deal in rough dealing licence or uncut diamonds unless the person or persons applying for such licence shall when applying, produce and lodge with such Distributor a certificate under the hand of the Resident Magistrate of the District in the form set forth in the schedule B hereto, and it shall not be lawful for any Resident Magistrate within this Province to sign or issue such certificate (1). Repealed by Section 1 of Ordinance No. 8 of 1880. (2). For construction of word "deal" in this section, see Sec. 24, Ord. 8 of 1880. until the person or persons applying for such certificates shall, No. 4-1877. together with two sufficient sureties, have entered into a recognizance in the form set forth in the schedule G. hereto, and unless the office in respect of which the licence is sought shall be in (1) localities or limits which it shall be lawful for the Governor from time to time to define and alter by Proclamation. VI. (2). Every licensed diamond dealer within this Province shall be bound to have an office at some place described in his licence, and shall be bound to have affixed on some conspicuous place on the outside of and over, or by the side of the outer door of the place in which he may have such office, his name at full length (or where there are partners, the name and style of the firm or partnership), and after such name or style the words, "licensed diamond dealer (or dealers]," such name or style and such description to be publicly visible and legible in letters at least two inches in length, and every licensed diamond dealer convicted of contravening this section, shall incur a penalty not exceeding twenty pounds for the first offence, and for a subsequent offence within two years a penalty not exceeding fifty pounds, and shall be liable to forfeit his licence. VII (2). It shall not be lawful for any licensed diamond dealer in this Province to remove his office at which he is licensed to deal in diamonds to any other place unless the Distributor of Stamps shall endorse on the licence of such diamond dealer a certificate that such licence is transferred to the place to which such diamond dealer desires to remove his office; and it shall not be lawful for any Distributor of Stamps to give such certificate unless the Resident Magistrate shall have first endorsed on such licence that the place to which it is sought to be transferred is a fit and proper place for a licensed diamond dealer's office. required to pro to officer. VIII. Every licensed diamond dealer shall be bound to Diamond dealer produce and exhibit his licence to any person authorized by duce his licence the Resident Magistrate of the District, in writing, to demand it, and every licensed diamond dealer who shall refuse or neglect to produce and exhibit his licence when called upon to do so by any officer exhibiting his authority to demand it, shall for the first offence incur a penalty not exceeding twenty pounds, and for a subsequent offence within two years a penalty not exceeding fifty pounds, and shall be liable to forfeit his licence. IX. (2). It shall not be lawful for any person to act as a diamond broker, or in any way, whether for reward or otherwise, negotiate the purchase or sale of diamonds between other persons, or act as agent or factor between buyer and seller in respect of any rough or uncut diamond or diamonds in this Province, unless such person shall be a duly licensed diamond broker within this Province, and every person convicted of contravening this section shall incur the penalties provided by the second section of this Ordinance. stamp on Dia licence. X. Every licence to be a diamond broker or factor shall Amount of be written upon or covered with stamps of the value of fifteen mond Broker's pounds sterling for a yearly licence, or five pounds sterling for a quarterly licence, and every such licence shall be in the form set forth in schedule C hereto; provided that all such licences as are quarterly shall, no matter when taken out, terminate on the last day of the current quarter, such quarters ending respectively on the 31st March, 30th June, 30th September, and 31st December; and all such licences as are annual shall, no matter when taken out, expire on the 31st December then next; provided further that nothing herein contained shall be taken or deemed to affect licences taken out before the passing of this Ordinance. (1). Limits defined by Proclamation 6 of 1879. See appendix. (2). Repealed by Section I Ordinance No. 8 of 1880. |