VII. And be it further enacted, That all Sentences, Decrees, Judgments, Writs, Summonses, Notices, Rules, Orders, Warrants, Commands, and other Proceedings of the said Resident Magistrate's Court, shall be made in the English Language; and in all Criminal Cases, the Witnesses against and for any accused Person or Persons, shall deliver their Evidence viva voce and in open Court. VIII. And be it further enacted, That the Clerks of the Peace shall conduct all Public Prosecutions in all cases of Crimes and Offences cognizable and tried by the Courts of the said Resident Magistrates in their respective Districts; and it shall be lawful for the Attorney-General to appoint a competent Peace Officer for the Residency of Simon's Town, and a like Officer for the Township of Port Elizabeth, who shall act as Public Prosecutor, before the Resident Magistrates for the said places respectively. IX. And be it further enacted, That the said Clerks of the Peace, for their several Districts respectively, shall also conduct all Public Prosecutions, for Crimes and Offences which may be tried at any Circuit Court, to be holden for their Districts respectively, unless in such case or cases where the Attorney-General shall think fit to appoint some other Person. X. And whereas the abolition of the Courts of Landdrost and Heemraden in the several Districts aforesaid, and of the Jurisdiction of the Special Heemraden at Tulbagh, Caledon, and Cradock, renders it necessary that some provision should be made for the due Registration and Legalization of Marriages: Be it therefore enacted, that from and after the said first day of January 1828, the Resident Magistrate and the Clerk of the Peace, for the several Districts and Places for which they are assigned to act respectively, shall form the Matrimonial Court, or Board, in such Districts and Places, and any Justice of the Peace for the Districts of Worcester, Swellendam, and Somerset, together with the Field-Cornet of the Place, shall form the Matrimonial Court, or Board, at Tulbagh, Caledon, and Cradock, respectively; and all Registrations for Marriage shall be made in the said Courts, and all Certificates of Registration shall be granted by the said Clerks of the Peace, and Justice's Clerks, respectively, in like manner as such Registrations were made, and such Certificates were granted, in the Courts hereby to be abolished. XI. And be it further enacted, That every Matter and Thing which was necessary to be done and performed for the due Registration and Legalization of Marriage in the Courts hereby to be abolished, shall be required to be done and performed, and shall be of like force and effect in the Courts hereby to be created. XII. And whereas by virtue of certain Proclamations and Ordinances enacted in times past, certain Crimes and Offences therein set forth, had been made cognizable by the said Courts of Landdrost and Heemraden, and of Landdrost and Commissioned Heemraden, and by the Courts of Deputy Landdrost and Heemraden, and Deputy Landdrost and Commissioned Heemraden, and by the Courts of Residents at Simon's Town, Port Elizabeth, and Port Frances: Be it therefore enacted, that from and after the first day of January 1828, all such Crimes and Offences as are now by any special Law or Ordinance cognizable respectively, by any of the Courts hereby to be abolished, shall become cognizable by the Courts hereby to be created: Provided always, that such Crimes and Offences shall not be punishable by Death, Transportation, or Banishment from the Colony. SCHEDULE. FORM OF THE OATH OF ALLEGIANCE. I, A. B., do sincerely promise and swear, that I will be faithful, and bear true Allegiance to His Majesty King George. So help me God! FORM OF THE OATH OF OFFICE. I, A. B., do promise and swear, that I will faithfully and diligently execute, to the utmost of my Abilities, the several Duties of the Office of Resident Magistrate which has been conferred upon me. So help me God! GOD SAVE THE KING. P.R.O., C.O. 50/1. THE SHERIFF OF THE CAPE COLONY. [5 Jan. 1828.] No. 74. Ordinance.-Of His Honour the LIEUTENANT-GOVERNOR IN COUNCIL, for declaring and regulating the Duty of the Sheriff of this Colony. [Extract.] And whereas it is by the . . . Charter [of Justice, dated 24th August 1827] ordered, directed, and appointed, that 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 Sentences, Decrees, Judgments, Writs, Summonses, Rules, Orders, Warrants, Commands, 1 Cf. Act No. 17 of 1886, below. and Processes, of the Supreme Court, or of the Circuit Courts of the said Colony, as therein is mentioned, and shall make a Return of the same, together with the manner of the execution thereof, to the Supreme Court of the Cape of Good Hope, or to the... Circuit Courts, as the case may be; and shall receive and detain in Prison all such Persons as shall be committed to the custody of such Sheriff, by the said Supreme Court and Circuit Courts, or by the Chief Justice, or any other Judge of the said Courts: . . . Be it therefore enacted and declared, by His Honour the Lieutenant-Governor in Council, that the said Sheriff shall, immediately after his Appointment, and after having taken the Oaths [prescribed], appoint and depute sufficient Persons and Deputies, to act for him in the execution of the Duties of his said Office, and shall, immediately after such Appointment, cause to be enrolled in the Office of the Registrar of the Supreme Court, the Names and Places of Abode of such his lawful Deputies, and which enrolment shall specify the District within which they are respectively to act for the said Sheriff; P.R.O., C.O. 50/1. QUALIFICATION OF JURORS. [4 Feb. 1828.] No. 75. Ordinance.-Of His Honour the LIEUTENANT-GOVER- .. Be It Enacted, . . . That from and after the passing of this Ordinance, every Man, except as hereinafter excepted,i between the Ages of Twenty-one Years and Sixty Years, residing within the Colony and its Dependencies, who shall have the possession of any Land situated within this Colony, held on Perpetual Quitrent, or on Loan, and for which he is liable to pay an annual Rent of not less than One Pound Seventeen Shillings and Sixpence, Sterling; or of Freehold Land of the same annual value; or who shall be liable to pay in Cape Town and the District thereof, a sum of not less than Twenty Shillings Sterling, and in any and every other part of the Colony, a sum not less than Fifteen Shillings Sterling, for or on account of Taxes already imposed, or hereafter to be imposed by any Law or Ordinance, shall be qualified, and shall be liable, to serve on Juries, in all Criminal Cases, in the 1 Judges, clergymen, attorneys, officers of any of the courts of law, physicians, surgeons, apothecaries, and generally men holding offices under the Government are excepted. Supreme and Circuit Courts; such Cases being triable in the District respectively in which every Man so qualified shall reside. P.R.O., C.O. 50/1. No. 76. THE ROYAL CHARTER OF JUSTICE.1 [4 May 1832.] FOR THE BETTER AND MORE EFFECTUAL ADMINISTRATION OF JUSTICE WITHIN THE COLONY OF THE CAPE OF GOOD HOPE. WILLIAM THE FOURTH, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, To All to Whom these Presents shall come, GREETING: WHEREAS it is expedient to make provision for the better and more effectual Administration of Justice in Our Colony of the Cape of Good Hope, and in the several Territories and Settlements dependent thereupon, and for that purpose to constitute within Our said Colony and its Dependencies One Supreme Court of Justice, to be holden in the manner and form hereinafter mentioned: Now KNOW YE, that WE, of Our Special Grace, certain Knowledge, and mere Motion, HAVE thought fit to grant, direct, order, and appoint, and by these Presents Do accordingly for Us, Our Heirs and Successors, grant, direct, order, and appoint, that there shall be within Our said Colony of the Cape of Good Hope, a Court which shall be called "THE SUPREME COURT OF THE COLONY OF THE CAPE OF GOOD HOPE." II. AND WE Do hereby create, erect, and constitute the said Supreme Court to be a Court of RecoRD. III. AND WE DO further will, ordain, and appoint, that the said Supreme Court of the Colony of the Cape of Good Hope, shall consist of and be holden by and before one Chief Justice and two Puisne Judges, and that the said Chief Justice shall be called and known by the name and style of the Chief Justice of the Colony of the Cape of Good Hope, and which said Chief Justice and Puisne Judges shall be respectively Barristers in England or Ireland, or Advocates admitted to practice in Our Courts of Session in Scotland, or in the said Supreme Court. And which said Chief Justice and Puisne 1 Issued at the Cape by Governor D'Urban's Proclamation, dated 13 Feb. 1834. It should be compared with the 1827 Charter of Justice which it superseded. There are but few important differences between the two instruments. Judges shall, from time to time, be nominated and appointed to such their Offices by Us, Our Heirs and Successors, by Letters Patent under the Public Seal of the said Colony, to be issued in pursuance of any Warrants or Warrant to be from time to time for that purpose granted by Us, Our Heirs, and Successors, under Our or Their Sign Manual. IV. [If a judge's seat becomes vacant the Governor shall make a temporary appointment.] V. [Judges to hold office during good behaviour. On proof of misconduct, Governor and Council may suspend any one of the judges, but must report to the Secretary of State.] VI. [The Crown reserves power to confirm or disallow such suspension. Crown also reserves power, upon sufficient proof of misconduct, to suspend any judge.] VII. [Chief Justice to have precedence next after the Governor, Lieutenant-Governor, and Commander-in-Chief.] VIII. [Puisne Judges to rank next after the Chief Justice.] IX. [Puisne Judges to take rank between themselves according to priority of appointment.] X. [Supreme Court to have and use a Seal.] XI. [Seal to be kept by the Chief Justice.] XII. [Each of the judges to receive a salary, beyond which no fees or emoluments may be accepted.] XIII. [No judge to accept any other office or place of profit in the Colony.] XIV. [To the Supreme Court shall be attached the office of Registrar or Prothonotary and Keeper of Records, and the office of Master of the Supreme Court. Minor offices to be created by Chief Justice.] XV. [The Registrar and the Master to be appointed by the Crown; minor officers to be appointed by the Governor.] XVI. [All officers, except the judges, to hold office during the royal pleasure.] XVII.-XVIII. [Admission of Barristers or Advocates.] ¦ XIX.-XXIV. [Admission of Attorneys or Solicitors.] XXV. [Governor shall annually in January appoint a Sheriff, who shall take the oath of office and the oath of allegiance.] XXVI. [Sheriff to hold office for one year.] XXVII. [Sheriff and his deputies appointed by him shall execute all sentences, warrants, decrees, etc., of the Supreme Court and of Circuit Courts; and shall detain in prison persons committed by the said Courts or by any of the judges.] XXVIII. [Sheriff may be reappointed by the Governor.] XXIX. [If the Sheriff or his near relative is involved in a case, then the court shall appoint a substitute.] 1 Amended by Act No. 35 of 1904. |