established under Section 6 hereof, then the Magistrate before whom such first-mentioned Court is held shall stop the trial and order it to be commenced before that one of the last-mentioned Courts which has jurisdiction in the matter. of 1901. on active service save 10. All the said Courts herein established shall have juris- No jurisdiction over diction over contraventions of any Proclamation or notice which members of H.M.Forces has appeared or may at any time hereafter appear in any Official by request of ComGazette;" but none of the said Courts shall, save by the request mander-in-Chief. 66 of the Commander-in-Chief of His Majesty's Forces in this Colony, exercise jurisdiction over any crime or offence, or over any such contravention as aforesaid committed by any member of His Majesty's forces on active service in this Colony, or over any crime or offence connected with military operations, such as spying, murder under the guise of warfare, and such like. Procedure and rules 11. Each of the said Courts herein established shall adjudicate upon and determine all matters within its jurisdiction in accord- of evidence. ance with the law of this Colony, and the form and manner of procedure before it and the rules of evidence in all cases pending before it shall be according to the laws and rules regulating the practice, form, and manner of procedure and rules of evidence in the Courts of Landdrosts of the late South African Republic. 12. All prosecutions in either Court established under Section 6 hereof shall be in the name of His Majesty the King, upon indictment signed by such person as may be appointed by me Crown Prosecutor in the said Court. The indictment shall be as nearly as possible in the following form : In the Special Criminal Court of.................... A.B., Crown Prosecutor in the Court of... (who prosecutes for and on behalf of His Majesty the King, presents and informs the Court) That C.D. is guilty of the crime of...... The particulars of the charge against him are, that.. (here the facts are to be shortly and concisely stated) and that he did thereby commit the said crime of... In case of conviction the said Crown Prosecutor prays for judgment against the said C.D. according to Law. The civil jurisdiction of the Special Criminal Courts at Pretoria and Johannesburg was abolished on the establishment of the High Court at Pretoria in May, 1902. (See sect. 43 of Pr. Tr. 14 of 1902, and Government Notice 118 of 1902, published in Government Gazette, 14th April, 1902, p. 442). + By Pr. Tr. 9 of 1901, sect. 4, indictments in the two Special Criminal Courts were to be signed by the Legal Adviser to the Transvaal Administration, the Attorney General. Indictments. of 1901. Abolition of certain Special Courts. The Courts to be Courts of Record. Officers practitioners, &c. Resident Magis 13. On the publication of this proclamation the Court established under Lord Roberts's Proclamation No. 22, dated the 11th June, 1900, and styled "The Pretoria High Court," and "The Military Tribunal," established in Johannesburg under Proclamation No. 4 of the Military Governor of Johannesburg, dated 7th June, 1900, as also the "Court of the Chief Magistrate,” in Johannesburg, established under the last-mentioned Proclamation, and the Courts established at Boksburg, Krugersdorp, Germiston and Florida, under and by virtue of Proclamation No. 7 of the said Military Governor, dated 14th June, 1900, shall be dissolved, and the members thereof shall cease to hold office, and all Proclamations relating to such Courts shall, in so far as they deal with such Courts be repealed, provided that such dissolution shall not affect the validity or effect of any act of judgment of any of the said Courts made prior to the date of such dissolution, and any matters pending at such date in any of the said Courts shall be transferred to and determined by any of the Courts herein established which would have jurisdiction in the matter. 14. Nothing herein declared shall in any way affect the Courts styled "District Courts," established under Section 7 of the said Proclamation No. 4, dated 7th June, 1900. $15. The Courts established under this Proclamation shall be Courts of Record, and shall be dissolved upon such date as I shall notify by Proclamation in the "Gazette." The pleadings and proceedings of the said Courts shall be in the English language. 16. The Courts established under this Proclamation may, subject to my approval, appoint such officers as shall be necessary to carry out the work of the said Courts and may permit any Barrister-at-Law, Advocate, Solicitor, Attorney or Agent-at-Law to be admitted to practise before them: provided that such Barristerat-Law, Advocate, Solicitor, Attorney, or Agent-at-Law before admission shall have taken the Oath of Allegiance to His Majesty the King; and provided further that only such Agents-at-Law shall be entitled to be admitted to practise in any of the Courts of Landdrost of the late South African Republic and have never been struck off the Roll of practitioners in the said Courts. 17. Each of the Resident Magistrates appointed by me under trate to be Marriage this Proclamation shall have all the powers with regard to Officer under Law 3 of Marriages conferred on a Landdrost by Law No. 3 of 1871. 1871. *See now sect. 52 of Pr. Tr. 21 of 1902, and for powers of Superintendents of Burgher Camps as to solemnization of marriage, see Pr. Tr. 22 of 1901, sect. 5. § Special Criminal Courts were dissolved by Pr. 6, Admn. 1903, (Gazette, 20th March, 1903, p. 520). of 1901. PROCLAMATION By His Excellency SIR ALFRED MILNER, His Majesty's High (DATED 9TH APRIL, 1901.) WHEREAS it is desirable to appoint Justices of the Peace for several districts of the Transvaal: Now, therefore, by virtue of the authority in me vested, I hereby direct, order, and declare as follows: Preamble. Magis Resident trates and Assistant * 1. Every Resident Magistrate and Assistant Resident Magistrate appointed by me under my Proclamation No. 6, dated Resident Magistrates the 5th April, 1901, shall be ex-officio a Justice of the Peace for to be ex-officio Justices the district in which he has been appointed to act as such Resident of the Peace. Magistrate or Assistant Resident Magistrate. Power to Governor 2. It shall be lawful for me, whenever I may deem it to be necessary, to appoint one or more Justices of the Peace for to appoint Justices of any district or area in this Colony. 3. Every Justice of the Peace under this Proclamation shall have, within such district or area aforesaid, all the powers, rights, duties and jurisdiction of Justices of the Peace under Law No. 7, of 1894. It has been the practice since Pr. Tr. 21 of 1902 came into force to specially appoint A.R.M.'s Justices of the Peace, and by virtue of Law 7 of 1894 and Proc. Tr. 15 of 1902, sect. 17, an R.M. is such ex officio. the Peace. Jurisdiction. of 1901. Government Gazette. Publication Proclamations. Date at Proclamations effect. PROCLAMATION By His Excellency SIR ALFRED MILNER, His Majesty's High BY (DATED THE 9TH APRIL, 1901.) Y VIRTUE OF THE AUTHORITY in me vested, I do hereby order, direct, and declare as follows: 1. The Government Gazette at present printed and published at the Government Printing Works, Pretoria, shall be of the Government Gazette for this Colony; and all Proclamations by me, and Government Notices, shall be published in the said Gazette for general information. which 2. Every Proclamation by me shall on such publication take be law, and shall commence and take effect from and after the date thereof, unless otherwise expressly provided for. Notices and advertisements. 3. The expression "Gazette" in any Proclamation, Notice, or Regulation shall be taken to mean the said Government Gazette. 4. All Notices or Advertisements which, in virtue or in terms of any law at present in force within this Colony, are required to be published in the Staats-courant, shall henceforth be published in the Government Gazette aforesaid. Proc. No. 11 of 1901. This Proclamation conferred the powers, &c., of "Staats Procureur" on the Legal Adviser to Tr. Adm., and is rendered obsolete by Pr. Tr. 15 of 1902, sect. 17. of 1901. (Repealed: Sects. 1 and 2 by Pr. Tr. 21 of 1902; sect. 3 by Pr. Tr. 28 of 1902). PROCLAMATION By His Excellency SIR ALFRED MILNER, His Majesty's High (DATED 22ND APRIL, 1901.) WH THEREAS COURTS OF LANDDROSTS have jurisdiction under Article 2 of Law No. 6, 1885, to grant interdicts in Civil Cases against persons and movable property, but it is provided in the said Law that where the debt or the amount is abore the jurisdiction of the Landdrost the interdict shall only be provisional and subject to confirmation by the late High Court, or one of the Judges thereof And whereas Courts of Resident Magistrates established under my Proclamation No. 6, 1901, have in civil and criminal matters the same jurisdiction as is conferred on Courts of Landdrosts by the Law of the late South African Republic: And whereas no provision at present exists for the confirmation of such interdicts as aforesaid: And whereas it is desirable to make provision in this respect and also to make provision for the appointment of Curators Bonis in certain cases: Now, therefore, by virtue of the authority in me rested, I do hereby declare, proclaim, and make known as follows: · Preamble. Confirmation of in 1. All interdicts which, had they been granted by a Landdrost of the late South African Republic, would have been subject to con- terdicts of Landdrost. firmation by the late High Court, shall, if granted by a Resident Magistrate or Assistant Resident Magistrate be subject to confirmation by the President of the Special Criminal Court at Johannesburg, in cases in which the interdicted property if situate within the area in which the said Court has jurisdiction and to confirmation by the President of the Special Criminal Court at Pretoria in all other cases; and such Presidents shall, with regard to the confirmation of such interdicts, have all the powers formerly pessessed by the said High Court. Operation of Inter 2. Any such interdict granted and confirmed as aforesaid shall operate as an interdict pending action; which action shall be insti- dict. tuted by such of the parties and within such time after the date on which a Supreme or other Court competent to try the issue shall have been established and opened in this Colony as the Magistrate granting or the President confirming the interdict shall direct. |
