that the authority of the said Board of Commissioners (now the Board of Landdrost and Heemraden of the Cape District) shall extend to all Sums and Questions of Property as aforesaid, not exceeding Three Hundred Rix-dollars, as fully as it now does to Sums not exceeding Two Hundred Rix-dollars, and to be enforced accordingly and in like manner, of which the Worshipful the Court of Justice, the said Board of Commissioners (now Landdrost and Heemraden of the Cape District), and all others, are hereby directed to take notice and conform to.

GOD SAVE THE KING.

Procls., etc., p. 359.

CRIMINAL JURISDICTION GRANTED TO LOCAL COURTS. [18 July 1817.]

No. 70. Proclamation.-By His Excellency General the Right Hon. Lord CHARLES HENRY SOMERSET, etc.

WHEREAS all Crimes, and even Misdemeanours, subject to a more severe than domestic punishment, committed in the remote Country Districts, can only be prosecuted once a year before the Annual Commission of Circuit, whence essential obstacles are thrown in the way of the prompt administration of Justice, both in consequence of the long detention of the accused, and of the unavoidable delay which occurs before the respective cases can be tried by the competent Court:

I have therefore judged proper, in order to obviate these inconveniences, as far as the nature of circumstances in this Colony admit of, to authorise the several Boards of Landdrost and Heemraden in the Country Districts (that of the Cape District only excepted), and they are hereby authorised and directed accordingly, to take cognizance of the Crimes of Vagabondising, Cattle-stealing, and other Thefts, not accompanied by any circumstances of Murder, Violence by breaking into Houses or other Inclosures, or other Aggravation; as also of all lesser Crimes and Misdemeanours, liable, by the existing Laws, to a more severe than domestic punishment; and after all such cases shall have been duly tried, and the Prosecutor R.O. shall have made his claim, and the accused his full defence, to proceed to judgment, and pass Sentence, conformably to the Laws and Usages here in observance.

[Etc.]

Procls., etc., p. 394.

EXCLUSIVE ADOPTION OF THE ENGLISH LANGUAGE POSTPONED. [13 Dec. 1826.]

No. 27.

No. 71. Ordinance. - Of His Honour the LIEUTENANTGOVERNOR IN COUNCIL, for postponing the exclusive Adoption of the English Language in all the Courts of Justice in this Colony.

WHEREAS it is expedient to postpone the period at which the use of the English Language is to be exclusively adopted in all the Courts of Justice in this Colony, until such Arrangements shall be made as may facilitate the introduction of this beneficial measure, and render its utility at once certain and permanent; and whereas many of these Arrangements have, from unavoidable causes, been delayed, and are yet wanting Be it therefore enacted, That so much of the Proclamation of the 5th day of July 1822,1 as directs that the English Language shall be used in all Judicial Acts and Proceedings of the several Courts of Justice in this Colony, from and after the 1st day of January 1827, shall be, and is hereby repealed, and declared void, and of no effect; and that it shall and may be lawful to continue to use the Dutch Language in the Proceedings of those Courts where it is now used; anything in the said Proclamation of the 5th day of July 1822, to the contrary notwithstanding.

II. Provided always, and be it hereby enacted, That it shall and may be lawful for the Governor of this Colony, for the time being, by Proclamation to be made and published at any time after the passing of this Ordinance, to direct and order that the English Language be used in the Judicial Acts and Proceedings of all or any of the Courts of Justice in this Colony, at such subsequent period as to him shall seem fit. GOD SAVE THE KING.

P.R.O., C.O. 50/1.

CREATION OF JUSTICES OF THE PEACE.
[11 Dec. 1827.]
No. 32.

No. 72. Ordinance. Of His Honour the LIEUTENANTGOVERNOR IN COUNCIL, for creating Justices of the Peace in this Colony.

WHEREAS it is expedient for the preservation of the Public Peace, the security of Individuals, and the due execution of the Laws, that Magistrates be appointed in the several Districts of this Colony, with power to apprehend, commit to 1 Vide page 23.

Prison, or hold to Bail, all Vagrants, Rioters, Robbers, or other notorious Offenders, found within their several Jurisdictions, in order that such Offenders may be brought to Trial, and with Power to do all other such Matters and Things as the said Magistrates may by Law be appointed to do: Be it therefore enacted, and it is hereby enacted, That from and after the passing of this Ordinance, it shall and may be lawful for the Governor or Lieutenant-Governor for the time being, from time to time, as occasion may require, to appoint Justices of the Peace, under the Great Seal of the Colony of the Cape of Good Hope, for Cape Town and the District thereof, and the several Country Districts respectively, who shall take and subscribe the Oath of Allegiance, and the Oath of Office, before the Chief Justice, or any Judge of the Supreme or Circuit Courts, or before the Civil Commissioner, or any Magistrate of the District for which such Justice is assigned to act (who are hereby empowered and required to administer the same), and the Clerks of the Peace respectively shall enter in the Records of their respective Districts that the said Oaths were duly administered and taken.

II. And be it further enacted, That from and after the passing of this Ordinance, the Persons who shall be appointed as aforesaid to act as Justices of the Peace, shall have power, and are hereby required, to preserve the Public Peace, and for that purpose to call to their aid and assistance all FieldCornets, Constables, and Peace Officers, Military Officers, and others His Majesty's Subjects, to quell all Riots, Brawls, or other Disturbances, and to lodge all Rioters, Brawlers, Vagrants, and Disturbers of the Peace, in any Prison within their respective Jurisdictions, to be dealt with according to Law; and they are hereby authorised and required to inquire of all Crimes and Offences committed, or alleged to be committed, within their respective Jurisdictions, and for that purpose to summon and examine upon Oath all Witnesses, touching such Crimes and Offences, and to apprehend and cause to be apprehended, all Criminals and Offenders, and to deal with them according to Law: And the said Justices of the Peace are hereby authorised and required, upon information or complaint, in writing, upon Oath, made to them, or any of them, to cause to come before them all those who have used any Threats towards any Person or Persons, whether regarding their Bodies or the Firing of their Houses, and to require of them sufficient Security for the Peace, or their good behaviour towards His Majesty or His Subjects; and if they shall not give such Security, then to cause them to be safely kept in Prison till they shall find such Security. P.R.O., C.O. 50/1.

[Etc.]

CREATION OF OFFICE OF RESIDENT MAGISTRATES.

[19 Dec. 1827.]
No. 33.

No. 73. Ordinance.-Of His Honour the LIEUTENANT-GOVERNOR IN COUNCIL, for creating Resident Magistrates and Clerks of the Peace in certain Districts and Places in this Colony. WHEREAS His Most Gracious Majesty's Charter, for the better and more effectual Administration of Justice in this Colony, bearing date the 24th day of August last, authorizes and empowers the Governor or Lieutenant-Governor, for the time being, of this Colony with the advice of the Council of Government, by any Laws and Ordinances to be from time to time made for that purpose, to erect, constitute, and establish Courts of Request, and other Courts having Jurisdiction in Civil and Criminal Cases within this Colony; provided, that the Jurisdiction of such Civil Courts shall not be extended to any Case wherein the Sum or Matter in dispute shall exceed the amount or value of Forty Pounds, Sterling Money, or wherein Title to any Lands or Tenements, or any Fee, Duty, or Office, may be in question, or whereby Rights in future may be bound; and provided also that the Jurisdiction of such Courts in Criminal Cases shall not be extended to any Case wherein any Person may be accused of any Crime punishable by Death, Transportation, or Banishment from the said Colony : And whereas it is expedient that from and after the first day of January 1828, the Courts of Landdrost and Heemraden, and of Landdrost and Commissioned Heemraden in the Subdistricts of Clanwilliam and Beaufort, the Courts of the Residents at Simon's Town, Port Elizabeth, and Port Frances, and the Jurisdiction of the Special Heemraden at Tulbagh, Caledon, and Cradock, should be abolished: And whereas it is necessary that some other provision be made for the Administration of Justice, and for the due Registration and Legalization of Marriage in the said Districts, Subdistricts, Residencies, and Places, in lieu of the said Courts and Jurisdictions. . . Be it therefore enacted by His Honour the Lieutenant-Governor in Council, that from and after the said first day of January 1828, the said several Courts and Jurisdictions shall be abolished, cease, and determine; and that it shall and may be lawful for the Governor or Lieutenant-Governor, for the time being, from time to time, as occasion may require, to appoint, under the Great Seal of the Colony, one Magistrate, who shall be called the Resident Magistrate, for each of the Districts of Stellenbosch, Worcester, Swellendam, George, Uitenhage, Albany, Somerset, Graaff-Reinet, and for each of the Subdistricts of Beaufort and Clanwilliam, for the Residency of

Simon's Town, and for the Township of Port Elizabeth, and to appoint one Clerk of the Peace for such Districts and Places as in his discretion he may think fit.

II. And be it further enacted, That every Person who shall be appointed Resident Magistrate, or Clerk of the Peace, as aforesaid, shall take the Oath of Allegiance and the Oath of Office..

III. And be it further enacted, That the said Resident Magistrates shall have jurisdiction in all Civil Cases within the Districts and Places for which they are appointed respectively, wherein the Sum or Matter in dispute shall not exceed the amount or value of Ten Pounds Sterling, and wherein the Title to any Lands or Tenements, or any Fee, Duty, or Office, is not in question, and whereby Rights in future cannot be bound.

IV. Provided always, and be it further enacted, That it shall and may be lawful for any Party who shall think himself aggrieved by the Judgment or Decree of any such Resident Magistrate, to enter into sufficient security to prosecute an Appeal therefrom before the next ensuing Circuit Court which shall be held in the District wherein such Judgment or Decree was given; or if such Judgment or Decree be given in Simon's Town, then before the Supreme Court within twenty-one days: Provided always, and it is further enacted, that no Appeal shall be admitted wherein the Sum or Matter in dispute shall be less than Forty Shillings Sterling.

V. And be it further enacted, That the said Resident Magistrates shall have Jurisdiction, without_Appeal, in all cases of Crimes and Offences wherein any Person may be accused of any Crime not punishable by Death, Transportation, or Banishment from this Colony: Provided always, that it shall not be lawful for any such Resident Magistrate to punish any Offender in any higher or more severe manner than by Fine, not exceeding the amount of Five Pounds Sterling, and Imprisonment, with or without hard labour, for a period not exceeding One Month, or by Whipping privately in Prison; except as to such Crimes or Offences for the commission of which any higher or more severe punishment, whether by Fine or Imprisonment, is or shall be provided, and in which Jurisdiction is or shall be expressly given to the said Resident Magistrates by any special Law or Ordinance.

VI. And be it further enacted, That every Resident Magistrate shall hold a Court, and inquire of all Causes or Actions, whether Civil or Criminal, which shall be brought before him, and of which Jurisdiction is hereby given to him, in the Court Room of his District or Place, on two days of the week at least, and oftener, as occasion may require.