are hereby declared to be, erected, constituted, and established for and within each of the following districts, that is to say,Cape Town and the district thereof, Wynberg, Simon's Town, Malmesbury, Piketberg, Stellenbosch, the Paarl, Worcester, Tulbagh, Clanwilliam, Swellendam, Riversdale, Caledon, Beaufort, George, Aliwal, Uitenhage, Port Elizabeth, Albany, Fort Beaufort, Bathurst, Stockenstrom, Somerset, Victoria, Fort Peddie, Albert, Queenstown, Graaff-Reinet, Richmond, Cradock, Colesberg, East London, Alexandria, Prince Albert, Victoria (West), Bredasdorp, Calvinia, Middelburg, Aliwal (North), Oudtshoorn, and Namaqualand; and the said courts shall be respectively holden by and before the resident magistrates for the districts aforesaid.

II.-IV. [Establishment of courts and the limits of magistracies by proclamation.]

V. [Resident magistrates to be appointed by the Governor.] VII. The courts of the resident magistrates aforesaid shall be respectively courts of record, and the pleadings and proceedings of the said courts shall be carried on, and the sentences, decrees, judgments, and orders thereof pronounced and declared in open court, and not otherwise; and the several pleadings and proceedings of the said courts shall be 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. Every resident magistrate of the colony shall have, in all civil cases brought or instituted against any person residing within the district for which such resident magistrate shall have been appointed, the jurisdiction following, that is to say,I. In all cases founded upon any bill of exchange,

promissory note, good-for, or other written acknowledgment of debt, commonly called a liquid document, in which the sum demanded shall not exceed forty pounds sterling.

2. In all cases (except as hereinafter is excepted) in which the debt or damages demanded shall not exceed twenty 1 pounds sterling.

3. No such magistrate shall have jurisdiction in, or cognizance of, any action or suit wherein the title to any lands or tenements, or the title to any fee, duty, or office is in question, or any action or suit to try the validity of any will, or other testamentary instrument, or any action or suit whereby rights in future can be bound. . . . IX.-XV. [Jurisdiction in matters of ejectment, recovery of debts, attachment of goods, etc.]

'Changed to" fifty" by Act No. 34 of 1909.

XVI. [A decree of civil imprisonment may be granted where a debtor has not sufficient moveable property to meet an award made to a plaintiff by the court.]

XVII.-XXXII. [Arrest, imprisonment, arrest of goods in security for rent, etc.]

XXXIII. It shall and may be lawful for any person, being a party to any civil suit or action depending in the court of any resident magistrate within this colony, to appeal against any final judgment, decree, or sentence of such court. . . to the supreme court, or to the circuit court which shall next be holden for the district of such resident magistrate.

XLII. The resident magistrates of the colony shall, respectively, have jurisdiction, without appeal or review, in all cases of crimes and offences wherein any person may be accused of any crime or offence not punishable by death, transportation, or banishment from this colony.

XLIII. It shall not be lawful for any court of resident magistrate, in any case, to sentence or adjudge any female to receive personal correction, or to hard labour on any road, street, or public place.

XLIV. [Crimes commenced in one district and completed in another are triable by the magistrate of either district.]

LVIII. [The Letters Patent commonly called the Charter of Justice, as far as repugnant, is repealed, as also various ordinances.]

LIX. [Rules, orders, and regulations for procedure before the Courts of Resident Magistrate, dated 22nd March 1828, are hereby repealed, and others are enacted.]

LX. [Interpretation clause.]

LXI. This Act shall commence and take effect from and after the promulgation thereof.

P.R.O., C.O. 50/3.

THE EASTERN DISTRICTS COURT ESTABLISHED.

[26 July 1864.]

No. 21 of 1864.

No. 81. Act. For adding to the Number of Judges of the Supreme Court, and for other purposes.1

WHEREAS it has been found that the number of Judges of which the Supreme Court, as at present constituted, is insufficient to enable the said Judges to hold Courts in the several districts of this Colony as frequently as the wants of the inhabitants require: And whereas, in order to remedy

'Cf. further Acts No. 35 of 1896, No. 35 of 1904, and No. 9 of 1905, not printed in this volume.

these evils, and to afford, at the same time, to the inhabitants of the Eastern Districts of this Colony the benefit of a local Court, it is expedient to add to the number of the Judges of the said Supreme Court, and to enable certain of the Judges to form a separate Court, having jurisdiction over the said Eastern Districts, but so, however, as not to interfere with the jurisdiction of the said Supreme Court over every part and portion of the entire Colony: Be it enacted .. as follows:

I. [Repugnant laws repealed.]

.

II. The Supreme Court aforesaid shall henceforth consist of one chief justice and four puisne judges.

III. It shall be lawful for the Governor to appoint, provisionally, until Her Majesty's pleasure be known, the puisne judge at present required to complete the number aforesaid of four puisne judges.

IV. Such judge shall be appointed in manner and form as by the fourth section of the Charter of Justice directed, in regard to the appointment of fit and proper persons to supply such vacancies in the office of judge, as are in the said section mentioned.

VII. A court of justice is hereby established in and for the several districts named in the Schedule to this Act, to have and exercise such jurisdiction as is hereafter specified, and such court shall be called "the Court of the Eastern Districts of the Cape of Good Hope."

VIII. The said last-mentioned court shall consist of, and be holden before, any two of the puisne judges of the Supreme Court, whom the Governor shall from time to time assign for the purpose.

IX. The Court of the Eastern Districts hereby created shall have, throughout the districts within and for which it is established, a jurisdiction concurrent with that of the Supreme Court in and over all causes arising, and persons residing and being, within the said districts.

XXIII. In the Court of the Eastern Districts, one judge thereof shall be competent to execute all and every the powers, authorities, and jurisdictions by this Act granted to or vested in the said court.

XXIV. [In case of difference of opinion on matters heard by two judges, causes may be removed to the Supreme Court.] XXV. [In civil suits appeal may be had to the Supreme Court.]

XXXVI. [Attorney-General or Solicitor-General, if one is appointed, shall prosecute. Attorney-General may appoint a person to prosecute. Solicitor-General (when appointed) to possess the powers conferred on Attorney-General in regard

to criminal cases. Solicitor-General to be appointed by the Queen, but Governor may appoint provisionally.]

XXXVII. [Holding of usual circuit courts not prevented.] XXXVIII. [Appeal from circuit courts to be direct to Supreme Court; but causes may be referred from Circuit to Eastern District Court by consent of parties or by order of presiding judge.]

XLIII. This Act may be cited for all purposes as 'The Administration of Justice Act, 1864.

Schedule: Albany, Albert, Alexandria, Aliwal North, Bathurst, Bedford, Colesberg, Cradock, Fort Beaufort, GraaffReinet, Hopetown, Humansdorp, Middelburg, Murraysburg, Peddie, Port Elizabeth, Queenstown, Richmond, Stockenstrom, Somerset, Uitenhage, Victoria East.

P.R.O., C.O. 50/4.

SPECIAL JUSTICES OF THE PEACE.

No. 10 of 1876.

No. 82. Act. To improve the Administration of Justice in places distant from a Seat of Magistracy. [Assented to 4th July 1876.]

WHEREAS it is expedient that facilities should be given for the trial of certain offences committed at places distant from the seat of a resident magistrate: 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:

I. It shall be lawful for the Governor from time to time to appoint any person whom he may think proper to act as a special justice of the peace under this Act within such local limits as may be fixed and determined by him, not being within ten miles of the office of any resident magistrate.

II. Every such special justice of the peace shall have and enjoy, and be at liberty to exercise, within the limits so fixed and determined as aforesaid, over and in respect of any person committing within such limits any of the offences following, that is to say:

(A) Assault, where no dangerous wound is given and no dangerous weapon is used.

(B) Thefts of any property not being a horse, mare, gelding, colt, filly, mule, ass, bull, cow, ox, heifer, calf, sheep, goat, or ostrich, and not exceeding in value the sum of two pounds sterling.

(C) Attempt to commit either of the above offences, or being accessory to the commission thereof.

(D) Receiving stolen goods (not being anything excepted in clause B, and not exceeding in value the sum of two pounds sterling), knowing them to have been stolen.

(E) (F) (G) (H) [Contravention of any municipal regulation, of certain police regulations, of rules

regulating the sale of spirituous liquors and of laws relating to passes, contracts of service, etc.] the same jurisdiction, power, and authority as if he were the resident magistrate of the district in which the offence then under investigation was committed, [but only minor punishments may be inflicted by such special justice of the peace.]

IX. [Proceedings in cases summarily adjudicated to be forwarded to Registrar of Supreme or Eastern Districts Court, as the case may be, to be confirmed or altered or reversed.] XIV. This Act may be cited for all purposes as "The Better Administration of Justice in Criminal Cases Act, 1876.” P.R.O., C.O. 50/6.

THE HIGHER COURTS OF JUSTICE.

No. 5 of 1879.1

No. 83. Act. To increase the Efficiency of the Court of the Eastern Districts, and to Improve the Administration of Justice generally. [Assented to 8th September 1879.]

WHEREAS it has been found expedient to add to the number of judges constituting the court of the eastern districts, and to make provision for appeals from the said court and from the circuit courts, and to establish a court of criminal appeal for the Colony: Be it therefore enacted by the Governor of the Cape of Good Hope, by and with the advice of the Legislative Council and House of Assembly thereof, as follows:

I. [Repugnant statutes repealed.]

II. [Supreme Court to consist of chief justice and five puisne judges.]

III. The court of the eastern districts shall consist of and be holden by, and before, three of the puisne judges of the supreme court, of whom one, to be called the judge president, and who shall be nominated and appointed by the said Governor, shall be a judge of the court of appeal hereinafter mentioned, and the two others shall not be judges of the said court of appeal...

IV. Every judge who shall be assigned and appointed to the office of judge president of the eastern districts court shall 1 Superseded by Act No. 35 of 1896.