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Proc. No. 14 of 1902.
Appeals from the District Court.
certified under the seal of the High Court of the Transvaal or as to any such record of the said District Court under the signature of the Registrar of such Court shall be taken and received as primâ facie evidence of such record: Provided that it shall not be necessary in regard to any certified copy to prove the handwriting of any such Registrar to any such copy.
Rules and Orders
31. It shall be lawful for the members of the High Court to be framed by High of the Transvaal, or the majority of them, to frame, constitute
and establish such rules, orders and regulations as to them shall seem meet touching and concerning the time and place of holding the said Court and the said District Court; the form and manner of proceeding to be observed in the said Courts respectively; the practice and pleading upon all actions, suits, and other matters of a civil nature to be therein brought the appointing of Commissioners to take bail and examine witnesses; the examination of witnesses de bene esse and allowing the same as evidence; the proceedings of the Sheriff and other ministerial officers of the said Courts respectively; the process of the said Courts and the mode of executing the same; the summoning of witnesses; the procedure with regard to the admission of Advocates, Attorneys, Conveyances and Notaries Public, and other officers of the said Courts; the suspension from the right to practise, or the cancellation of admission to practise in the said Courts of Advocates, Attorneys, Notaries Public and Conveyancers; the fees to be lawfully demanded by and payable to any officers or Attorneys in the said Courts respectively; the manner of recording and noting evidence of the proceedings in the said Courts; and touching and concerning all such other matters and things necessary for the proper conduct and despatch of business in the said Courts: Provided always that no such rules, orders and regulations shall be repugnant to the provisions of this Proclamation, and that the same shall be so framed as to promote, as far as may be, economy and expedition in the despatch of the business of the aforementioned Courts respectively.
Rules to be ap
32. *Every rule, order and regulation, as aforesaid, shall proved by Governor be submitted to the Governor for his approval, and on being so and published Gazette. approved shall be published in the Gazette and shall take effect from and after such publication, unless some other subsequent time shall be named therein from which the same is to take effect, in which case it will take effect from such time, and shall from such time forward respectively be of full force and effect until altered or repealed by competent authority.
† 33. It shall and may be lawful for any person being a party to any civil suit or proceeding in the District Court, to appeal to the High Court of the Transvaal against any judgment decree or order of the said District Court: Provided that the party appellant shall within twenty-one days next after such judgment decree or order shall have been pronounced, give
* See note to page 275.
+ Sections 33 to 38 inclusive are to apply to appeals from Circuit Courts, in civil proceedings, to the Supreme Court (see Ord. 10 of 1903, sect. 9).
notice of appeal to the party respondent, and to the Registrar of the Court from which the appeal takes place, and shall, within three months after such judgment, decree, or order has been pronounced, duly prosecute such appeal in the said High Court of the Transvaal, in case there shall be a sitting of the said Court within that period, or if there shall not be such sitting, then at the next sitting of the said Court: Provided that it shall be lawful for the High Court of the Transvaal for good and sufficient cause shewn, to extend the time within which the appellant shall prosecute his appeal.
*34. In every civil suit heard or tried before the High Court of the Transvaal or District Court the presiding member of such Court shall cause the evidence if oral to be fully and clearly taken down in writing, and the evidence so taken shall be entered upon the proceedings of the said Courts, and be of record.
Proc. No. 14 of 1902.
*37. No judgment, decree, or order made by the District Court by the consent of parties, or as to costs only, which by law are left to the discretion of the Court, and no interlocutory
Mode of hearing
*35. In every case in which notice of appeal shall be given to the Registrar of the District Court, such Registrar shall forthwith records in appeals. transmit a copy of the record certified by him as authentic, to the Registrar of the High Court of the Transvaal. Such record shall include all oral evidence taken down in writing in manner aforesaid, and all other evidence whether taken by commission or affidavit and all documents and papers which shall have been produced and given in evidence. Copies of any documents and papers which shall have been produced and tendered in evidence and rejected shall, if required by the party producing the same, be authenticated and marked by the Registrar as rejected.
Sections 33 to 38 inclusive are to apply to appeals from Circuit Courts in civil proceedings to the Supreme Court (see Ord. 10 of 1903, sect. 9.)
*36. It shall be lawful for the District Court to direct that How Judgment the Judgment, decree, or order appealed against, shall be carried appealed against to be dealt with pending into execution, or that execution thereof shall be suspended appeal. pending the said appeal as to such Court may in each case appear to be most consistent with real and substantial justice. And in case such judgment, decree, or order shall be carried into execution the party respondent shall, before the execution of such judgment, decree, or order enter into good and sufficient security to be approved by the Registrar of the said District Court for the due performance of such judgment, decree, or order as the High Court of the Transvaal shall think fit to make thereon; and in case the execution of any judgment, decree or order shall be suspended, pending the said appeal, the party appellant shall enter into good and sufficient security to be approved in the manner aforesaid for the due performance of such judgment, decree or order, as the High Court of the Transvaal shall see fit to make thereon: Provided that it shall be lawful for the High Court of the Transvaal for good and sufficient cause shown, to dispense with the security by this dispensed with. section required from the appellant or respondent, as the case may be.
Security may be
When appeal allowed from District
Proc. No. 14 of 1902.
Appeals from High Court of Transvaal to Privy Council.
order shall be subject to any appeal, except by leave of such Court.
Quorum of mem
+38. Every appeal to the High Court of the Transvaal bers of Court on against any judgment, decree, or order of the District Court
shall be heard before not less than three members thereof.
39. It shall, and may be lawful for any person or persons being a party or parties to any civil suit or action depending in the High Court of the Transvaal, or before such Court on appeal to appeal to His Majesty the King in His *Privy Council against any final judgment, decree, or sentence of the said Court, or against any rule or order made in any such civil suit or action having the effect of a final or definite sentence; which appeals shall be made subject to the rules, regulations and #limitations following, that is to say:-In case any such judgment, decree, order, or sentence shall be given or pronounced for or in respect of any sum or matter at issue above the amount or value of £2,000 sterling; or in case such judgment, decree, order or sentence shall involve directly or indirectly any claim, demand, or question to or respecting property, or any civil right amounting to or of the value of £2,000 sterling, the person or persons feeling aggrieved by any such judgment, decree, order, or sentence of the said High Court may, within thirty days next after the same shall have been pronounced, made or given, apply to the said Court by petition for leave to appeal therefrom to His Majesty the King, in His Privy Council; and in case such leave to appeal shall be prayed by the party or parties who is or are adjudged to pay any sum of money, or perform any duty the said Court shall, and is hereby empowered, either to direct that the judgment, decree or sentence appealed from shall be carried into execution, or that the execution thereof shall be suspended, pending the said appeal as to the said Court may in each case appear to be most consistent with real and substantial justice. And in case the said Court shall direct such judgment, decree, order or sentence to be carried into execution, the person or persons in whose favour the same shall be given shall before the execution thereof enter into good and sufficient security to be approved by the said Court for the due performance of such judgment or order as His Majesty the King in His Privy Council shall think fit to make thereupon; or in case the said Court shall direct the execution of any judgment, decree, order or sentence to be suspended pending the said appeal, the person or persons against whom the same shall have been given shall in like manner and before any order for the suspension of any such execution is made enter into good and sufficient security to be approved by the said
By Ordinance 12 of 1902, Sect. 1 the Supreme Court has appellate jurisdiction (civil and criminal) from the High Court or any Circuit Court, of the Orange River Colony; and an appeal lies from it to the Privy Council from its judgment in such appeals, but in such cases the appealable amount is £500 instead of the £2,000 provided by this Section for Transvaal appeals.
+ Section 33 to 38 inclusive are to apply to appeals from Circuit Courts in civil proceedings, to the Supreme Court (see Ord. 10 of 1903, sect. 9.)
See also Order of His Majesty in Council dated 15th Sept., 1902. (Royal Proclamations, &c., p. 90.)
Proc. No. 14 of 1902.
Court for the due performance of such judgment or order as His Majesty the King shall think fit to make thereupon; and in all cases security shall be given by the party or parties appellant to the satisfaction of the said High Court in term time or one of the members thereof in vacation for the prosecution of the appeal and for the payment of all such costs as may be awarded by His Majesty to the party or parties respondent: and if such last-mentioned security shall be completed within two months from the date of such petition for leave to appeal then and not otherwise the said High Court shall allow the appeal and the party or parties appellant shall be at liberty to prefer and prosecute his her or their appeal to His Majesty in His Privy Council in such manner and under such rules as are observed in appeals made to His Majesty from his Colonies.
40. In all cases of appeal allowed by the said High Court Copies of records or by His Majesty, the Registrar of the said Court shall certify to be transmitted to and transmit to His Majesty in His Privy Council a true and Privy Council. exact copy of all evidence proceedings judgments decrees and orders had or made in such cases so far as the same have relation to the matter of appeal such copies to be certified under the seal of the said Court.
How Judgments of
to be exe
41. The High Court shall in all cases of appeal to His Majesty conform to and execute such judgments or orders the Privy Council on as they shall think fit to make in the premises in such manner as any original judgment decree or order or rule by the said High Court could or might have been executed.
Rules and orders of
42. All and singular the rules and orders relating to the practice and procedure in the High Court of the late South High Court of the African Republic in force at the date of the annexation of the late South African Republic to be in said Republic to His Majesty's Dominions shall govern the force until repealed practice and procedure in the High Court of the Transvaal and or amended.
the District Court until repealed altered or amended by the members of the said Court in so far as the same are not inconsistent with the provisions of this Proclamation; subject however to such changes and adaptations as may be necessary for the purpose of this Proclamation.
Abolition of civil
43. The Governor shall by notice in the Gazette notify to
Such rules were framed by the Judges and approved by the Governor and promulgated by Government Notice 153 of 1902 in Gazette of 1st May, 1902, p. 563; by Government Notice 204 of 1902 (Gazette, 31st May, 1902, p. 757); Government Notice 501 of 1903 (Gazette, 29th May, 1903, p. 1076); by Government Notice 1093 of 1903 (Gazette, 16th Oct. 1903, p. 1015) and by Government Notice 1,376 of 1903 (Gazette. 27th Nov. 1903, p. 1,356.
Proc. No. 14 of 1902.
Repeal of laws.
44. Subject to the provisions of this Proclamation whenever law of the late South African Republic which is in force respect of certain in this Colony the Chief Justice or a Judge of the High Court existing laws.
High Court and in
Title of Proclama
Court of the Transvaal instituted under and by virtue of this Proclamation; and all proceedings which shall thereafter be had in such action or suit or other matter shall be conducted in like manner as if such action or suit or other matter had been originally commenced in the said High Court instituted under these presents. And all the records minutes and proceedings whatsoever of and belonging to the aid High Court established in the late South African Republic shall from and immediately after the opening of the said High Court of the Transvaal established by this Proclamation be delivered over and deposited for safe custody in the said Court; and all parties concerned shall and may have recourse to the said records and proceedings and to any other records or proceedings of the said Court.
Jurisdiction conferred on future Supreme Court con
45. Wherever by any Proclamation heretofore issued jurisdiction is conferred on the Supreme Court of the Transvaal ferred on High Court to be established or on any Judge thereof in chambers such
jurisdiction shall be exercised by the High Court of the Transvaal established under this Proclamation or any member thereof in chambers respectively; provided that the jurisdiction conferred as aforesaid on the said Supreme Court may be exercised by the District Court in all matters within its jurisdiction.
46. Notwithstanding anything to the contrary in Sections rights prior to estab- Ten and Eleven or any other provisions in this Proclamation it shall be lawful for any person who is entitled under this Proclamation to be admitted to practise as an Advocate or Attorney of the High Court of the Transvaal to practise as such Advocate or Attorney before and up to the date of the first day of sitting of the said Court, pending and subject to his admission hereafter as such Advocate or Attorney as the case may be.
of the South African Republic is required or empowered to do any act the Judge President or a Judge of the High Court of the Transvaal established by this Proclamation shall respectively be required or empowered to do the like; and whenever in any such law the aforesaid High Court of the South African Republic is required or empowered to do any act the High Court of the Transvaal established under this Proclamation shall be required and empowered to do the like.
47. All laws inconsistent with the provisions of this Proclamation are hereby repealed.
This Proclamation may for all purposes be cited as the "Administration of Justice Proclamation, 1902."