PROCLAMATION

By His Excellency BARON KITCHENER OF KHARTOUM, Acting High Commissioner for South Africa and Acting Administrator of the Transvaal, &c., &c., &c.

WHE

(DATED 10TH JULY, 1901.)

HEREAS DOUBTS EXIST as to whether uttering defaced coin is prohibited by Proclamation No. 4, of 6th February, 1901:

And whereas it is desirable to prohibit the uttering of such defaced coin:

Now, therefore, by virtue of the authority in me vested, I do hereby declare, proclaim and make known as follows:Section 1 of Proclamation No. 4, of 6th February, 1901, amended so as to read as follows:

is

Whosoever shall deface any of the King's current gold, silver, or copper coin, or any of the gold, silver, or copper coin issued by the Mint of the late South African Republic, by stamping thereon any names or words, or by affixing any metal or other device thereon in such a manner as to efface or alter the original design, whether such coin shall or shall not be thereby diminished or lightened, or whosoever shall utter, put off, tender, or circulate any such defaced coin, shall be guilty of a crime and offence, and shall be liable at the discretion of the Court to be imprisoned for a term not exceeding one year with or without hard labour, and all such defaced coin, wheresoever found, shall be forfeited to the Crown.

Proc. No. 16

of 1901.

PROCLAMATION

By His Excellency BARON KITCHENER OF KHARTOUM, Acting High Commissioner for South Africa, and Acting Administrator of the Transvaal, &c., &c., &c.

(DATED 10th JULY, 1901.)

WHEREAS DOUBTS HAVE ARISEN as to the power

of the Council for the Municipality of Johannesburg, constituted under Proclamation No. 16 of 1901, to collect assessment rates and charges for sanitary services due and in arrear to the late Town Council of Johannesburg, constituted under Law No. 9 of 1899, or to the officer in charge of the Municipal affairs of Johannesburg appointed thereto by the Military Governor of Johannesburg for the period between the 31st May, 1900, and the 15th May, 1901:

And whereas it is desirable to remove all such doubts as aforesaid:

Now, therefore, by virtue of the authority in me vested, I do hereby declare, proclaim, and make known as follows:

Preamble.

in Town Council.

1. All assessment rates and all charges for sanitary Arrears of assessservices due and unpaid either to the late Town Council of ment rates and saniJohannesburg, constituted under Law No. 9 of 1899, or to the tary charges vested officer in charge of the Municipal affairs of Johannesburg, as aforesaid (during the period between the 31st May, 1900, and the 15th May, 1901), shall be and are hereby vested in the Council for the Municipality of Johannesburg constituted under Proclamation No. 16 of 1901.

Recovery of such

2. It shall be lawful for the said Council to demand payment of such rates and charges as aforesaid from the arrears. persons by whom they are due, and, on any such person refusing to comply with such demand, it shall be competent for the said Council to institute an action at law for the recovery of the amount claimed to be due by such person in the Court of the Resident Magistrate at Johannesburg, and the said Court shall have jurisdiction to try any such action as aforesaid although the rates and charges sued for became due and payable prior to the 1st September, 1901,† anything to the contrary in this respect in Proclamation No. 6 of 1901 notwithstanding.

See also Ord. 27 of 1902, sect. 3, by which certain other rates and charges due to the late Stadsraad are vested in the Council, and Ord. 62 of 1903, sect. 6, by which the assets of late Stadsraad are vested in the Council.

+ The 1st September, 1901, was a clerical error for 1st September, 1900: it is corrected by Pr. Tr. 20 of 1901.

Proc. No. 17 of 1901.

PROCLAMATION *

To Amend Proclamation Transvaal No. 6 of 1901,

By His Excellency BARON KITCHENER OF KHARTOUM, Acting High Commissioner for South Africa, and Acting Administrator of the Transvaal, &c., &c., &c.

(DATED 10TH JULY, 1901.)

Preamble.

Amendment of Pr. Tr. 6 of 1901 as to procedure.

WHERE

THEREAS IT IS DESIRABLE to amend Proclamation Transvaal No. 6 of 1901 by giving further powers to the Special Criminal Court therein referred to :

Now, therefore, by virtue of the authority in me vested, I do hereby declare, proclaim, and make known as follows:

1. The Court mentioned in Proclamation Transvaal No. 6, 1901, may at any time, on the application of any person, on sufficient cause shown, order the Applicant under the said Proclamation to file with the Registrar further particulars of the transaction or transactions through which he claims the gold referred to in his application, and may at any time order the said Applicant to produce, on the return day of the said rule, all books and other documents relating to the matters referred to in his affidavit or in the further particulars filed by him, and may on the said return day order the Applicant to give oral evidence in support of his claim, and may allow the party opposing the said application, by himself or his counsel, to cross-examine the said Applicant thereon.

2. The words" on affidavit” in sub-section (e) of Section 4 of the said Proclamation shall be, and are hereby, expunged, and the words "on the evidence before them" shall be, and are hereby, substituted instead thereof.

*This Proclamation ceased to have effect from the establishment of the High Court at Pretoria and District Court at Johannesburg in May, 1902. (See sect. 43 of Pr. Tr. 14 of 1902, and Government Notice 118 of 1902, published in Government Gazette, 15th April, 1902, page 442.)

(Obsolete.)

PROCLAMATION

By His Excellency BARON KITCHENER OF KHARTOUM, Acting High Commissioner for South Africa, and Acting Administrator of the Transvaal &c., &c., &c.

(DATED 18TH JULY, 1901.)

Proc. No. 18

of 1901.

W

HEREAS IT IS DESIRABLE to provide for the performance under certain circumstances of the duties imposed by any Law on any Member of the Transvaal Administration:

Now, therefore, by virtue of the authority in me vested, I do hereby proclaim, declare, and make known as follows:

1. It shall be lawful for the Administrator of the Transvaal, when and so often as, by reason of the absence or incapacity through sickness or other cause of any Member of the Transvaal Administration for the time being, it shall appear to him necessary or expedient so to do, to appoint some other fit and proper person to perform and execute the duties and powers imposed or conferred by any Law in force in this Colony upon such Member of the Transcaal Administration; and all such duties and powers performed and exercised by the person so appointed shall be as valid and effectual as if they had been performed and exercised by such Member of the Transvaal Administration as aforesaid.

Temporary appointments of Members of

the Administration cases of sickness, &c.

(This Proclamation amended Law 23 of 1899 as to penalty of lashes: Law 23 of 1899 was repealed by Pr. Tr. 37 of 1901.)

Transvaal Proc. No. 19 of 1901.

(Correcting clerical error in Pr. Tr. 16 of 1901, Section 2: for 1st Sept., 1901, read 1st Sept. 1900.)

Transvaal Proc. No. 20 of 1901.

* See Ord. 37 of 1902, making similar provision in the case of any officer in the service of the Government, and virtually superseding the above Proclamation.

GA

(Obsolete since Pr. Tr. 21 of 1902, under which Resident Magistrates have been appointed for every district of the Colony.)

PROCLAMATION

By His Excellency BARON KITCHENER OF KHARTOUM, Acting High Commissioner for South Africa and Acting Administrator of the Transvaal, &c., &c., &c.

(DATED 6TH AUGUST, 1901.)

WHEREAS IT IS DESIRABLE to make provision for

the solemnization of marriages in districts of this Colony in which no Resident Magistrates have been appointed under Proclamation No. 6 of 1901:

Now, therefore, by virtue of the authority in me vested, I do hereby declare, proclaim, and make known as follows:

1. It shall be lawful for the Administrator of this Colony to appoint in any District in this Colony in which a Court of Resident Magistrate has not been established under Proclamation No. 6 of 1901 some fit and proper person to solemnize marriages under Law No. 3 of 1871.

2. The person so appointed as aforesaid shall have and exercise all the powers and perform the duties conferred and imposed on Landdrosts under the said Law No. 3 of 1871.

3. When and as soon as a Court of Resident Magistrate is established under Proclamation No. 6 of 1901 or under any other Law hereafter promulgated in this Colony in any district in which a person has been appointed to solemnize marriages under this Proclamation such appointment shall ipso facto cease and determine.