Proc. No. 16 of 1902.

Impeachment and

credibility.

not be compellable or permitted to give evidence by reason that such fact, matter or thing, or communication, on grounds of public policy and from regard to public interest, ought not to be disclosed and is privileged from disclosure.

48. It shall in every case be competent for any party to support of witness' impeach or support the credibility of any witness produced against or for such party in any manner and by any evidence in and by which, if the case were depending in the King's Bench Division of the High Court of Justice in England, the credibility of such witness might be impeached or supported by such person, and in no other manner and by no other evidence whatever.

Party to a suit not

when giving evidence in their own behalf.

49. No person being a party to any suit, action or proentitled to expenses ceeding, and who shall be adduced as a witness therein in his own behalf, shall (except as hereinafter excepted) be entitled in the taxation of any costs which may be awarded against the opposite party to any expenses as a witness: Provided that it shall be competent for the Court, upon the application of any such party so adduced as a witness, to direct at its discretion that such party shall be allowed his expenses in case the said Court shall be of opinion that such party was a necessary witness.

When adduced by opposite party ex

penses receivable.

Evidence

50. Any party to any suit, action or proceeding who shall be adduced as a witness by the opposite party shall be entitled to his expenses as a witness in like manner as any other

witness.

of 51. Comparison of a disputed writing with any writing genuineness of dis- proved to the satisfaction of the Court to be genuine shall be puted writings.

In criminal proceedings certificate of conviction or acquit

tal of accused sufficient without produc

tion of record.

Gazette evidence in certain cases.

permitted to be made by witnesses; and such writings and the evidence of witnesses respecting the same may be submitted to the Court or jury (as the case may be) in any case, civil or criminal, as evidence of the genuineness or otherwise of the writing in dispute.

52. Whenever, in any proceeding whatever, it may be necessary to prove the trial and conviction or acquittal of any person charged with any indictable offence, it shall not be necessary to produce the record of the conviction or acquittal of such person, or a copy thereof, but it shall be sufficient that it be certified or purport to be certified under the hand of the Clerk of the Court or other officer having the custody of the records of the Court where such conviction or acquittal took place, or by the deputy of such clerk or other officer, that the paper produced is a copy of the record of the indictment, trial, conviction and judgment or acquittal as the case may be, omitting the formal parts thereof.

53. Where, in any legal proceeding, proof is required of the contents of any law, Government Notice, or of any matter required to be published in the Gazette, a copy of the Gazette or a copy of such law, notice, or other matter purporting to be printed under the superintendence or authority of the Government printer, shall, on its mere production, be evidence of the

contents of such law, notice, or other matter as the case may be.

54. Every Court, Judge, Justice of the Peace, Commissioner, Arbitrator, or other person, now or hereafter having, by law or by consent of parties, authority to hear evidence, is hereby empowered to administer an oath, affirmation, or admonition respectively as aforesaid to all such witnesses as are legally called before them respectively.

55. In any case not provided for in this Proclamation, the law as to admissibility of evidence and the competency examination and cross-examination of witnesses in force in the Supreme Court of Judicature in England shall be followed in like cases by the Courts of this Colony.

56. From the taking effect of this Proclamation, Law 5 of 1892, every other law, custom, usage and practice heretofore in force within this Colony, inconsistent with the provisions of this Proclamation, are hereby repealed.

57. This Proclamation may be cited as "The Law of Evidence Proclamation, 1902."

Proc. No. 16 of 1902.

Who empowered to administer oaths.

Where not otherEngland to be folwise provided Law of lowed.

Repeal of former

laws.

Short title.

Proc. No. 17 of 1902.

Laws repealed.

Definition of terms.

Appointment. Sheriff.

Appointment Deputy Sheriffs.

PROCLAMATION

By His Excellency the Administrator.

(DATED 10TH APRIL, 1902.)

Creating the Office of Sheriff of the Transvaal and regulating his duty.

Y VIRTUE of the authority in me vested, I do hereby

1. The laws mentioned in Schedule "A" to this Proclamation, and so much of any other law as is repugnant to or inconsistent with the provisions hereof, shall be and are hereby repealed.

2. The expression "Superior Court" shall include the High Court of the Transvaal, the Witwatersrand District Court, the Special Criminal Courts at Pretoria and Johannesburg, and the Supreme Court of the Transvaal, or any Circuit thereof to be hereafter established.

The expression" immovable property" shall include all fixed property as defined by the "Transfer Duty Proclamation,

1902.

of 3. It shall be lawful for the Governor, under his Hand and Seal, to appoint some fit and proper person to be Sheriff of the Transvaal.

Duties of Sheriff and his deputies.

cess.

of 4. The Sheriff shall by himself or his sufficient deputies to be by him appointed and duly authorised under his hand and seal, and for whom he shall be responsible during his continuance in such office, execute all the sentences, decrees, judgments, writs, summonses, rules, orders, warrants, commands and processes of any Superior Court, and shall make a return of the Execution of pro- same, together with the manner of execution thereof, to such Court through the Registrar thereof, and the plaintiff or defendant or their respective attorneys may at any time have Return of process to the Registrar's an office copy of the said process, with the return thereto, at the cost of the party applying for the same. The Sheriff shall receive and detain in prison all persons arrested by any order, writ or judgment of any Superior Court or committed to the custody of such Sheriff by any such Court, or by any Judge of the High Court of the Transvaal.

Office.

Names of deputies

5. The Sheriff shall upon the appointment of a deputy, to be sent to the transmit to the Registrar of the High Court of the Transvaal his Registrar of the High

name and place of abode, stating the district within which he is to act for the said Sheriff, and shall cause a like notification to be published in the Gazette.

Proc. No. 17 of 1902. Court by Sheriff, and to be published in

the Gazette.

or

escape without his

6. The Sheriff shall not be answerable or responsible for Sheriff not responthe rescue or escape of any person out of his custody or out of sible for rescue the custody of his deputy on his way to prison, or after being default. lodged therein, where such rescue or escape shall happen without Sheriff's duty in the default or connivance of the Sheriff or his deputy: Provided case of escape of arhowever that in case of any such rescue or escape the said rested person. Sheriff or his deputy shall use all lawful means for the pursuit, apprehension and safe custody of any such person without any further warrant or authority whatever.

7. Whenever any Superior Court shall direct or award any process against the Sheriff or award any process in any cause, matter or thing wherein the Sheriff, on account of his being related to the parties or any of them, or by reason of any good cause or challenge which would be allowed against any Sheriff in England, cannot or ought not by law to execute the same, in every such case the said Superior Court shall name and appoint some other fit person to execute and return the same, and the said process shall be directed to the person so to be named for that purpose, and the cause of such special proceedings shall be registered and entered on the records of the said Court respectively.

8. All officials and inhabitants generally in this Colony shall aid the said Sheriff in the execution of his duty when called upon and shall carry out his directions.

9. The Sheriff or his deputy shall not take or seize in execution of any process:

(a) The necessary bed or beds and bedding or wearing
apparel of the person against whom the execution is
levied and of his family.

(b) The supply of food and drink in the house sufficient for
the needs of the family during one month.

(c) Tools and implements of trade and the tools necessarily
used in the cultivation of land in so far as the same
do not exceed the value of £25.

(Professional books, documents or instruments in so far
as the same do not exceed the value of £25.

When Sheriff interested who to execute process.

Who to aid Sheriff in execution of his duty.

What not to be seized.

What creditors entitled to benefit of executions already

10. No creditor lodging any writ of execution with the Sheriff or his deputy shall be entitled to share in, or receive any part of, the proceeds levied under any writ previously lodged, levied. unless such creditor shall have lodged his writ at least ten days prior to the day of sale of the property attached under such previous writ.

11. All process issued from the Witwatersrand District Court may be transmitted or delivered by the attorney or party taking out the same to the Deputy Sheriff of the district or area in which such process is to be executed, and shall be made returnable to the said Court, and shall be returned by such Deputy Sheriff to the Registrar thereof.

Process of Witwatersrand District

Court may be sent to
Deputy Sheriff.

Proc. No. 17 of 1902.

Action against the

12. No action shall be brought against the Sheriff or any Sheriff to be brought Deputy Sheriff for anything done or omitted to be done in the execution of his office, unless commenced within six calendar months after the act committed or omitted to be done.

within six months.

13. In every case in which any prisoner shall be sentenced to death, it shall be lawful for the Governor, if he shall be satisfied that fitting arrangements for the same can be made within the gaol in which such prisoner shall for the time being be confined, to order by warrant under his hand that the sentence of death shall be carried into effect within the walls of such gaol.

14. The Sheriff or Deputy Sheriff charged with the execution, and the Surgeon Gaoler and such other officers of such gaol as the Sheriff or Deputy Sheriff may require, shall be present at such execution, and any Justice of the Peace for the division in which such gaol may be situated, and any Minister of religion residing therein, and such relatives of the prisoner or other persons as the Sheriff or Deputy Sheriff may deem proper, may be admitted within such gaol for the purpose of being present at such execution.

15. As soon as may be after judgment of death has been executed on the offender, the Surgeon of the gaol shall examine the body and shall ascertain the fact of death, and shall sign a certificate thereof and deliver the same to the Sheriff or Deputy Sheriff; and all other officers who shall be present under the provisions of the preceding section, together with the Sheriff or Deputy Sheriff, shall sign a declaration to the effect that judgment of death has been executed on the offender, and such certificate and declaration shall be forthwith transmitted to the Secretary to the Transvaal Administration to be filed of record in his office.

*16. The Judges of the High Court of the Transvaal shall have the power from time to time to frame such rules and regulations for the guidance of the Sheriff and his deputies as may be deemed necessary, and to repeal, amend, and supplement any tariff of fees to be charged by Deputy Sheriffs.

17. The Sheriff shall receive on behalf of the Government, in stamps to be affixed to the documents named therein, the fees set forth in Schedule "B" to this Proclamation.

18. Deputy Sheriffs shall receive the fees allowed to them and specified in Section 10 of Law No. 12 of 1899.

19. This Proclamation shall be styled for all purposes "The Sheriff's Proclamation, 1902," and shall take effect from and after the fifteenth day of April, 1902.

For rules, see Govt. Notice 503 of 1903 (Gazette, 22nd May, 1903, p. 1008).