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and Act No. 5 of 1879. [Assented to 29th July 1880.]

Whereas it was provided by Act No. 39 of 1877 tl^^it,
from and after the annexation of the province of Griqualand
West to the colony of the Cape of Gwd Hope, the supreme
court of the said colony shall consist of one chief justice and
five puisne judges, the recorder of Griqualand West being one
of them : and whereas it was further provided by the said
Act that appeals from the decisions of the hi^h court of
Griqualand West, or of any circuit court withm the said
province, shall be made in tne first instance to the supreme
court of this colony, and that appeals from the land court
of Griqualand West may, by consent of parties, be removed
into the said supreme court : and whereas by the subsequent
Act No. 5 of 1879, it was provided that the supreme court
shall consist of one chief justice and five puisne judges, the
said recorder not bein^ included among the said five judges :
and whereas by the said last-mentioned Act, a court of appeal
in criminal as well as in civil cases was established in respect
of decisions of the eastern districts court, and from the circuit
courts of this colony, and certain provisions were made in
respect of the mode of procedure to regulate such appeals :
and whereas it is expedient in view of the future annexation
of the said province to the said colony that the said first-
mentioned Act should be amended in such a manner as to
provide one and the same court of appeal for the united
colony, to render the mode of procedure m all appeals uniform,
and in other respects to make the provisions of the first-
mentioned Act consistent with Act No. 5 of 1879 : Be it
enacted by the Governor of the Cape of Good Hope, by and
with the advice and consent of the Legislative Council and
House of Assembly thereof, as follows :

I. So much of the Royal Letters Patent, commonly called
the " Charter of Justice," of the Act No. 39 of 1877, ^^ ^^
Act No. 5 of 1879, and of any other law in force in this colony
at the time of the taking effect of this Act, as shall be repugnant
to or inconsistent with the provisions of this Act, ^all be,
and the same is hereby repealed.

II. From and after the annexation of the said province
to the said colony, the supreme court of the said colony diall

* Repealed by Act No. 35 o^ 1896, which gave to the Eastern Districts
Gonrt jurisdiction over aU causes arising in Griqualand West.



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i884] COURTS OF JUSTICE 133

consist of one chief justice and six puisne judges instead of
five as heretofore, the additional judge being the recorder for
the time being of GriqusJand West.

III. In lieu of any right of appeal which may, under and
by virtue of the loth and nth sections of the said Act No. 39
of 1877, exist at the time of such annexation as aforesaid to
the supreme court of this colony, such appeal shall be made,
in the first instance to the court of appeal of this colony instead
of the said supreme court, and all and singular the provisions
of the said Act No. 5 of 1879, contained in the sections
numbered eleven to twenty-nine inclusive, shall apply, mutatis
mutandis, to the said high court, precisely as if the said high
court had been therein mentioned instead of the eastern
districts court.

[Etc.] P./J.O., CO. 50/6.



MARRIAGE LICENSES. [14 June 1882.]

No. 9 of 1882.

■6. 8B. Act. — ^To regulate the Issue of Licenses for the Solemni-
zation of Marriages, and to Abolish Matrimonial Courts.

II. [Courts of Resident Magistrates substituted for Matri-
monial Courts.]

III. [Magistrates may grant marriage licenses.]
[Etc.]

P.R.O., CO. 50/7.



THE DUTCH LANGUAGE IN THE COURTS OF LAW.

[Promulgated 25th July 1884.]

No. 21 of 1884.

■6. 86. Act, — ^To sanction the use of the Dutch Language
equally with the English in Courts of Justice.

Whereas it is expedient to afford facilities for the use of
the Dutch language equally with the English in courts of
justice and in legal proceedings : Be it therefore enacted by
the Governor of the Cape of Good Hope, with the advice and
consent of the Legislative Council and House of Assembly
thereof, as follows :

I. Notwithstanding anything contained in the Charter of
Justice or in the Act No. 20 of 1856, or in any other statutory
enactment having the force of law in the colony, the judges
of the superior courts of justice may, and resident magistrates,
special justices of the peace, and field-comets shall, allow the
use of the Dutch language equally with the English language



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134 CAPE OF GOOD HOPE [1885

at the hearing of any suits, cases, or enquiries, civil or criminal,
in their respective courts when requested so to do by any of
the parties to such suits or other proceedings ; and upon such
allowance it shall be lawful for either of &e parties to such
suits, cases, or other proceedings, or their respective counsel,
attorneys, or agents to use either the English or Dutch language
in the conduct of their cases before such courts.

2. Whenever any divisional council shall by a mafority of
its members, resolve at a meeting duly convened for that
purpose ; or whenever no fewer than one-third of the voters
registered for parliamentary elections in any division shall in
writing, by petition, apply to the Governor to order the issuing
of summonses, notices, and documents referred to in any
summons, in all suits brought in any of the courts within such
division, in the Dutch as well as in the English language, it
shall be lawful for the Governor in either of the cases before-
mentioned by proclamation in the Gazette to grant such order.

3. This Att may be cited as " The Dutch Language Judicial
Use Act, 1884."

P,R,0., CO. 50/7.



THE LAW RELATING TO JURORS.

[Promulgated 7th August 1885.]
No. 17 of 1885.1
No. 87. Aci. — ^To amend the Law relating to Jurors.

Whereas it is provided by the sixteenth section of Ordi-
nance No. 84, that no person shall be put on trial on any indict-
ment at any criminal session of the Supreme Court unless the
bill of such indictment shall first have been presented to a
Grand Jury, and shall have been returned by them a true bill :
and whereas this provision does not extend to criminal trials
other than those in the Supreme Court, and has been found in
practice to be inconvenient and unnecessary in the Supreme
Court : and whereas it is expedient to amend the law rdating
to giving publicity to jurors' lists: Be it enacted by the
Governor 01 the Cape of Good Hope, by and with the advice of
the Legislative Council and House of Assembly thereof, as
follows :

I. The sixteenth and seventeenth sections of the said
Ordinance No. 84 and all other laws or rules of court relating
to the attendance and service of grand juries at the criminsd
sessions of the Supreme Court, are hereby repealed : Provided
that nothing herein contained shall be deemed to dispense

» Cf. *' The Jury Act/' No. 22 of 1891 below, and Act No. 3"; of 1904, not
printed. ' ^^^



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i886] COURTS OF JUSTICE 135

with the necessity of lists of grand jurors being made out as
heretofore for the purpose of selecting juries in civil cases as
provided by Act No. 30 of 1874, or to alter the law which
renders grand jurors whose names appear in such list liable
to serve as petty jurors in the Supreme Court.

2. So much of the seventh section of the said Ordinance
as requires that a copy of the jurors' list shall annually be
afl5xed to the principal door of every church, chapel, or other
place of public worship in a certain portion of such district,
shall be and is hereby repealed.

3. This Act may be cited as the " Jurors' Law Amendment
Act, 1885."

P.R,0., CO. 50/7.



APPEAL COURT AND SHERIFFS DUTIES ACT.
[Promulgated 29th June 1886.]

No. 17 of 1886.1

16. 88. Act. — ^To amend the Law relating to Appeals and
Duties of the Sheriff, and to make more convenient pro-
vision regarding Legal Process in certain Cases.

[Preamble.]

1. From and after the passing of this Act the Court of
Appeal shall cease to exist, and dl and singular the powers,
duties, and authorities conferred upon the said Court of Appeal
by Act No, 5 of 1879, Act No. 40 of 1882, or any other Act of
Parliament, shall be vested in the Supreme Court of the Colony.

2. [Appeals to the Supreme Court to be heard before not
less than three Judges, one of whom shall be the Chief Justice
of the Colony.]

3. [Puisne Judges assigned to the Supreme Court to remain
so.]

4. In case any appeal shall be heard before the Supreme
Court against the unanimous judgment of the full Eastern
Districts Court or High Court of Griqualand, such judgment
shall be afi&rmed unless three or more of the Judges sitting in
appeal shall concur in reversing or varjong the same.

5. It shall be lawful for the prosecutor or defendant in any
criminal suit, which shall be brought in appeal or review before
the Eastern Districts Court, High Court of Griqualand, or
any Circuit Court, from any inferior court, to appeal to the
Supreme Court against the judgment of the said Eastern
Districts Court, High Court of Griqualand, or Circuit Court,
as the case may be. . . .

* Cf. Act No. 35 of 1896, not printed.



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136 CAPE OF GOOD HOPE [x888

6-12. [Provisions for the seizing and sale of property by
the Sheriff in execution of a decree of court.]

13- [Judges of Supreme Court may make rules and orders
for Courts of Resident Magistrates.]

3:4. The following shall be added as a proviso to the second
section of Act No. 21 of 1884 : " Provided, however, that if
it shall appear to the officer issuing any such process as afore-
said, either from his personal knowledge or otherwise, that the
person upon whom uie same is intended to be servai is suffi-
ciently acquainted with the English language to understand
the purport of such process, or is not sufficiently acquainted
with the Dutch language to understand the purport of such
process if it be drawn in the Dutch language, then it shall not
be necessary to issue such. process in the Dutch language as
well as the English language."

15. This Act may be cited as the " Appeal Court and
Sheriff's Duties Act, 1886."

P.R.O,, CO, 50/7.



THE DUTCH LANGUAGE JUDICIAL USE AMENDMENT

ACT.
[Promulgated 17th August 1888.]

No. 15 of 1888.
No. 89. Act, — ^To amend " The Dutch Language Judicial Use

Act, 1884."

Be it enacted by the Parliament of the Cape of Good Hope,
in Parliament assembled, as follows :

I. In addition to the proviso set forth in the fourteenth
section of the Act No. 17 of 1886, there shall be added llie
following proviso to the second section of Act No. 21 of 1884 :
" Provided, further, that if it diall appear to the officer issuing
anv such process as aforesaid, either from his personal know-
ledge or otherwise, that the person upon whom the same is
intended to be served is sufficiently acquainted with tiie Dutch
language to understand the purport of such process if drawn
in that language, or is not sufficiently acquainted with the
English language to understand the purport of such process if
it adall be dbrawn in the English language, then it shall not be
necessary to issue such process in the English language, but
issue thereof in the Dutch language shall, for all legsd purposes,
and notwithstanding anything to the contrary contained in
any law in force in this Colony, begood, valid, and effectual."

2. This Act may be cited as " Tne Dutch Language Judicial
Use Amendment Act, 1888."

P.R.O,, CO, 50/7.



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i8gi] COURTS OF JUSTICE 137

THE JURY ACT, 1891. [December i, 1891.]

No. 22 of 1891.

Ho. 90. Ad. — ^To consolidate and amend the Law relating

to Juries.

Be it enacted by the Governor of the Cape of Good Hope,
with the advice and consent of the Legislative Council and
House of Assembly thereof, as follows :

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

Qualification of Jurors.

2. Every man residing within the Colony between the
ages of twenty-one years and sixty years who shall possess
the qualification in this Act provided, and not therein declared
disqualified or exempted, shall be qualified and liable to serve
as a juror.

3. Every man between the ages aforesaid who shall be the
owner or occupier of any immovable property of the value
of not less than three hundred pounds according to the valua-
tion roll of any Divisional Council or Municipality, or shall
be in the receipt of salary or wages amounting to not less
than one hundred and fifty pounds per annum, and who
shall not be disqualified or exempted by the terms of this
Act, shall be qualified and liable to serve as a juror on any
jury empanelled for any trial or enquiry within the jury district
in which such person ^all reside.

4. When any such propertv shall be jointly occupied by
more persons than one, each of such joint occupiers, if other-
wise qualified or liable, shall be qualified and liable to serve
as a juror as aforesaid in case the value of such property,
^en divided by the number of such joint occupiers, shall
give a sum not less than three hundred pounds for each such
occupier.

5. [When no valuation roll exists, the person making the
jury lists shall estimate the value of properties.]

Special Jurors.

6. Every man qualified and liable to serve as a juror shall
also be qualified and liable to serve as a " special juror " in
case he shall be

(i) The owner of landed property of the assessed value

of one thousand pounds ; or
(2 The occupier of such property as tenant of the

assessed value of one thousand five hundred

pounds ; or



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138 CAPE OP GOOD HOPE [1891

(3) Although neither the owner nor occupier of landed

Eroperty of such assessed values as aforesaid, if
e shall be described in the jury lists as an archi-
tect, a civil engineer, a broker, manager of a
bank, manager or secretary of a fire or life
assurance company or society, or of any company
for the administration of estates, or be in the
receipt of salary amounting to five hundred
pounds per annum.

7. No person qualified as a " special juror " shall (unless
otherwise exempted) be on that account exempted from serving
on a petit jury.

Disqualification of Jurors.

8. The following persons shall not be qualified to serve
as jurors in any court or on any occasion :

(i) Any one who is not a natural-bom or naturalized
subject of Her Majesty ;

(2) Any one who has been convicted of and sentenced

for treason, murder, rape, theft, fraud, perjury,
forgery, fraudulent insolvency, or contraven-
tion of the diamond-trade laws, unless he shall
have received a free pardon.

(3) Any one who cannot read and write.

Exemptions.

9. The following persons shall be exempt from serving as
jurors, and their names diall not be inserted in any jury
list:

(i)-(6) [Those classes of men mentioned in Ord. 41
(4 Feb. 1828), footnote (No. 75).]

(7) All schoolmasters and school inspectors ;

(8) All masters of vessels and pilots ;

(9) All persons continuously employed in the working

01 any railway or tramway ;
(10) All persons actually engaged as editors of, or
rq)orters for, newspapers.

Jury Districts.

10. Every area within a radius of thirty-six miles from
the court-house of the Resident Magistrates respectively of
Grahamstown, Kimberley, and every other town where a
circuit court is to be held, and within the judicial district in
which such town is situated, shall be deemed to be a " jury
district." And in regard to Cape Town, an area within a
radius of twenty miles from the court-house of the Resident
Magistrate of Cape Town, shaU be deemed to be a "jury



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1891] COURTS OF JUSTICE 339

district" although such area shall include portions- of more
judicial districts than one.

11. [Any " jury district " of 36 mile sradius in which there
are not 54 qualified persons shaU be extended to a radius of
48 miles.]

Jury Lists.

12. The jury lists in use at the taking effect of this Act
shall continue m force and be used until new jury lists are
made and revised as in this Act is provided.

13. On or before the ist day of January in the next and
every succeeding year, the Resident Mae;istrates respectively
of every district which includes any such " jury district " as
aforesaid, shall, by written order, require the field-comets or
any members of the police force who may be assigned for such
duty, to prepare in alphabetical order a true list or return of
all men residing withm the limits mentioned in such order, ,
qualified and liable to serve as jurors or special jurors.

14. [Each such field-comet or member of police shall make
out such list and deliver it to the Resident Magistrate not
later than the 20th January.]

15. [The persons making out the lists shall each year be
supplied with the previous year's lists.]

16. For the purpose of preparing such lists the field-comets
or other persons engaged m their preparation may put such
questions as they thir^ proper, relating to the said usts, and
to the name and surname, place of abode, calling, business,
occupation, qualification, or age of any man residing in any
jury district.

17. [Every person making out the lists shall have access
to the valuation roU of any Divisional Council or Munici-
pality.]

ih. [The Magistrate receiving the lists shall cause a tme
list to be made out for his " jury district " and shall mark
the word " special " against the names of such persons as are
qualified to serve as special jurors.]

19. [A copy of the list ^all be affixed to the door of the
court-house with a notice stating that a court will be held to
revise the list.]

20. [If there is no jury list for the year, the list of tlie
previous year shall be used.]

Court of Revision of Jury Lists.

21. On the day and at the place appointed in the notice
aforesaid, the Resident Magistrate shall hold a court, con-
sisting of himself as president, and such members of the
Divisional Council (if any) as may attend, for revising the

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I40 CAPE OF GOOD HOPE [1891

jurors' lists, but if after fifteen minutes of the time appointed
no member of the Divisional Council is in attendance the
Resident Magistrate may act alone.

22. The decisions of the said court shall be by majority
of the votes of those attending, and if there be an equality of
votes, the Resident Magistrate presiding shall have a casting
vote in addition to his vote as a member of the court. When
no member of the Divisional Council attends, the decision of
the Resident Magistrate shall be the decision of the said court.



23-
24.

25.
26.



Lists to be produced at court.^
Court may strike out names on the list.]
Court may correct errors in the. lists.]
[After the lists are revised they shall be sent to the
Sheriff of the Colony.]

Jurors' Books.

27. [The Sheriff shall cause a Jurors' Book to be kept for
each district in which shall be copied the names of jurors.]

Special Jury in Criminal Cases.

28. The Supreme Court, Court of the Eastern Districts, or
High Court of Griqualand, within the jurisdiction of such
courts respectively, may on application made on behalf of Her
Majesty, or by any private prosecutor entitled to prosecute,
or by or on behalf of any defendant or person committed for
trial for any indictable offence (whether the indictment or
information shall have been served upon the accused or not),
order that the trial of the accused named in such order shall
be by a special jury in such courts, respectively, or in any
Circuit Court.

29. Whenever a criminal case has been ordered to be tried
before a special jury, the Registrar of the Court granting such
order shall forward a notice to the Sheriff, or his deputy m the
district in which the trial is to be held, informing him thereof.

30. [The Sheriff or his deputy shall thereupon draw the
names of 27 special jurors.]

31. [The prosecutor or his agent and the defendant or his
attorney shall then be entitled to strike out four names each
from the list of 27.]

32. [If the parties do not appear, the Sheriff shall reduce
the list to 19.]

33. The persons whose names are not struck out diall be
summoned to attend for the trial.



Summoning Jurors.

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an<

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34- [The Sheriff or his deputy shall summon the juries for
criminal sessions ten days bdore the trial and for civil cases



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1891] COURTS OF JUSTICE 141

seven days before the trial. The number summoned shall not
exceed 27.]

35. [The mode of summoning juries.]

36. [The officer summoning jurors ^all make a return to
the R^istrars of the Courts stating the manner of serving such
summons.]

Drawing Names of Jurors for Service.

37. [Mode of drawing naipes of jurors to be summoned
and directions to be observed.]

38. [Sheriff to give notice of drawing, which is to be done
publicly.]

Miscellaneous Provisions.

39. [Verdict not invalid by reason of disqualification of any
juror or error in jury lists.]

40. [Jurors to be sworn.]

41. [They need not be sworn for each trial.]

42. [The court may allow an affirmation to be made.]

43. [If nine qualified men do not attend, the court may
call upon other qualified men present in the court-house or in
the town.]

44. [Jury to be kept apart by themselves till the judge has
summed up, and if they then wish they can retire in charge of
an officer of court.]

45. [In case of death or grave bodily or mental infirmity
of a jury, the Court may coempanel another jury.]

Penalties.

46. [Penalty for corruptly influencing jurors.]

47. [Every person, who, after being duly summoned, does
not attend to serve shall be liable to such fine as the court may
think fit.]

48. [Any person making a false claim of exemption shall
be liable to pay a fine of not more than £50.]

49. [If tne Sheriff or his deputy takes a reward for illegally
exempting any person, he shall be liable to a fine not exceeding
£xoo.]

50. [Penalty on fidd-comets and other officers for various
acts.]

51. [Any person removing or defacing a jury list posted up
on the door of a court-house is liable to a fine not exceeding

£5]

52. [Penalty for refusing to answer any question allowed
by section 16 not to exceed £2.]

53. [The judge may remit fines imposed on a juror for
default.]



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142



CAPE OF GOOD HOPE



54. [If a fine is not paid the Registrar shall issue a writ.]

55. This Act may be cited for all purposes as the " Jury
Act, 1891."

Schedule.

Laws Repealed.



Na and Year.



Title of Law.



Ord. No. 84, 1S31 .

Ord. No. I. 1843

Act No. 7, 1861

Act No. 2, 1876

Act No. 17, 1885
Ord. No. 14, 1876



The Rules of Court
numbered respec-
tively 43. 44. 45.
46,49.51.52.275.
350. 360.



-' For altering and amending the Law relative to
the qualmcation of persons liable to serve on
Grand and Petit Juries, and to the mode of
making out and returning lists of the same."

'' For amending the Law relanve to the qualifica-
tion of Jurors."

An Act to amend the Law relating to Grand and
Petit Jurors.

An Act to amend the Law relating to the making
out of lists of Jurors.

Act to amend the Law relating to Jurors.

Ordinance to amend the Laws reflating the
qualifications of Jurors in the Province of
Griqualand West.



C. ofG, Hope Statutes 1652-1905, p. 2876.



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CHAPTER II.

NATAL.

8B0TION A.

CENTRAL OOYERNMENT.

BRITISH RESIDENTS IN NATAL.

lo. 91. Treaty between the British Residents at Port
Natal and Dingaan, King of the Zulus. [6 May 1835.]

1. Dingaan, from this period, consents to waive all claim to
the persons and property of every individual now residing at
Port Natal, in consequence of their having deserted from him,
and accords them his full pardon. He still, however, regards
them as his subjects, liable to be sent for whenever he may
think proper.

2. The British residents at Port Natal, on their part,
engage for the future, never to receive or harbouivany deserter
from the Zulu country, or any of its dependencies ; and to use
every endeavour to secure and return to the King every such
individual endeavouring to find an asylum among them.

3. Should a case arise in which this is found to be im-
practicable, immediate intelligence, stating the particulars of
the circumstance, is to be forwarded to Dingaan.

4. Any infringement of this treaty on either part invali-
dates the whole.



Online LibraryG.W. EybersSelect constitutional documents illustrating South African history, 1795-1910 → online text (page 23 of 70)