prevent the Resident Magistrate from holding the Court of the Resident Magistrate, and from exercising the powers by law vested in him as such Resident Magistrate for the County or Division, in the borough town, or at any other place within the borough. 86. [Borough Court to have no jurisdiction over the county gaol.] 87. Every borough may establish, erect, construct, and maintain a lock-up house, for the temporary detention of persons arrested, and may appoint such officers as to the Mayor and a majority of the Council of such borough, may appear fit and necessary for the proper management and government thereof. P.R.O., C.O. 180/2. MUNICIPAL CORPORATIONS. No. 19, 1872. No. 135. Law to repeal and re-enact with Amendments the Laws in regard to Municipal Corporations. [20 Dec. 1872.] [The provisions relating to the Borough Courts mentioned in Law No. 21, 1861, are omitted; but the following clause is of special interest :] 74. The Council may make such bye-laws as they shall deem meet for the ordering of their proceedings, not being inconsistent with the provisions of this Law, for conducting the elections of Mayor, Councillors, and Auditors, in any cases which may not be sufficiently provided for by this Law, and for determining the duties of any officers, servants, and others appointed by the Council; and all such bye-laws as to them shall seem meet for the more effectual exercise of the powers, permissions, regulations, and authorities hereby given, and for the good rule and government of the borough, and from time to time may alter, amend, vary, or annul such bye-laws; and may make such regulations, and determine such punishments and fines as they may consider requisite for the prevention and suppression of offences, and for the better enforcement of the said several bye-laws, and for the recovery of the costs of prosecution in cases of contravention of bye-laws; and may give power to the police or other proper officers summarily to arrest persons contravening such bye-laws, or the provisions of the Vagrancy Law, No. 15, 1869, where applicable to boroughs, and lodge them in the station-house of the borough until they can be brought up for trial, and may give power to the officer in charge of such station-house to take bail in certain cases for the appearance of such persons, and for the summary trial and conviction of offenders: Provided, that no such punishment shall exceed imprisonment with or without hard labour, and with or without spare diet, for a period of three months, of a fine of Ten pounds sterling, or imprisonment as aforesaid, in default of payment of any such fine and costs: Provided, that the bye-laws in force at the time of the passing of this Law shall, until repealed by the Council, be and continue in force as bye-laws under this Law: And provided always, that the superintendent of police of any borough, or other person appointed by the Council, shall and may at his own instance, and without obtaining permission or certificate from the Attorney-General, prosecute in the Resident Magistrate's Court in the borough, for all contraventions of such bye-laws and of the said Law, No. 15, 1869, and of the Law or Ordinances in clause seventy-one mentioned, provided such contraventions be committed in the borough. ADMINISTRATION OF JUSTICE, ESTABLISHMENT OF THE ROMAN-DUTCH LAW. No. 12, 1845. No. 136. Ordinance.-Enacted by His Excellency the GOVERNOR OF THE CAPE OF GOOD HOPE, with the advice and consent of the LEGISLATIVE COUNCIL thereof, for establishing the Roman-Dutch Law in and for the District of Natal. [27 Aug. 1845.] WHEREAS it has pleased Her Majesty the Queen, by certain Letters Patent, bearing date 31st day of May, in the Seventh Year of Her Reign, to annex to this Settlement of the Cape of Good Hope, as a part or portion thereof, the District of Natal in South Africa: And whereas by the said Letters Patent, it is amongst other things provided, that no law, custom, or usage in force within this Settlement should, by virtue merely of the said Letters Patent, extend to, or become in force, within the said District of Natal; but that it should be competent for the Legislature of this Settlement, subject to the limitations, conditions, and provisions in the said Letters Patent mentioned or referred to, to make, ordain, and establish all such Laws and Ordinances as to them should seem meet for the peace, order, and good government of the said District of Natal. And whereas it is expedient, without awaiting the legislative establishment within the said District, of the Court or Courts for the administration of Justice, which is, or are, now about to be created, to make provision for the establishment of such Laws as are immediately and indispensably required for the preservation, in the meantime, of peace and good order, and the repression of violence, injury, and injustice amongst all Persons resident in the said District: Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council thereof, that the system, code, or body of law commonly called the Roman-Dutch Law, as the same has been and is accepted, and administered by the legal tribunals of the Colony of the Cape of Good Hope, shall be, and the same is hereby, established as the law, for the time being, of the District of Natal, (as the said District shall, from time to time, be limited and defined by or on behalf of Her Majesty the Queen,) and of Her Majesty's Subjects, and all others residing and being within the said District: Provided, however, that nothing herein contained shall be deemed, or taken, to establish within the said District, any Law or Ordinance heretofore at any time made or passed in this Colony, by or through the Local Government or Legislature thereof, or to give any existing Court or Magistrate of the said Colony, any authority or jurisdiction over or in regard to the said District, or to prevent the said system, code, or body of law from being hereafter added to, or altered, in regard to the said District, by any competent authority. And be it enacted, that it shall and may be lawful for the Governor aforesaid to address to any one or more of Her Majesty's Subjects residing within the said District one or more commission or commissions, authorizing him or them to exercise within such District the office of a Magistrate, for the purpose of preventing the perpetration therein of any crimes and offences punishable by law, and for the purpose of arresting and committing to custody for trial before the certain court or courts now about to be established within the said District, any person or persons charged, on sufficient evidence, with the commission of any crimes or offences within the said District, which shall have been committed after the date of the publication of this Ordinance in the Government Gazette, as hereinafter mentioned: Provided always that every such commission shall be revocable at pleasure; and provided also, that any person committed for trial by any such Magistrate who shall not be brought to trial within six months from the date of his commitment, shall, at the expiration of such term. of six months, be discharged from custody, upon entering into his own recognizance, conditioned in such sum as shall appear just and reasonable, to appear before any such court or courts as aforesaid, when duly summoned so to do, there to answer to any such charge as may be preferred against him. And be it enacted, that this Ordinance shall commence and take effect from and after the date of the promulgation thereof, by publication thereof in the Government Gazette. GOD SAVE THE QUEEN. Given at the Cape of Good Hope this Twenty-seventh day of August 1845. By Command of His Excellency the Governor, Secretary to Government. By Order of the Legislative Council, DISTRICT COURT. [16 Oct. 1845.] No. 137. Ordinance.-For erecting a District Court in and for the District of Natal. WHEREAS in order to the due administration of justice in the district of Natal, it is expedient that a district court of justice should be therein erected; Be it therefore enacted by the Governor of the Cape of Good Hope with the advice and consent of the Legislative Council thereof, that there shall be erected, created and constituted, within the said district of Natal, a certain court to be called and known as "the District Court of Natal." 2. [To be a court of record.] 3. And be it enacted, that the said court shall consist of, and be holden by and before, one judge, to be called and known by the style and title of the Recorder 2 of the District of Natal, and which said recorder shall, from time to time, be nominated and appointed by Her Majesty the Queen, her heirs and successors, in such manner and form as her said Majesty shall deem most fitting, and which said recorder shall be a barrister in England or Ireland, or an advocate of the court of session in Scotland or . . . of the supreme court of the colony of the Cape of Good Hope. 4. [Until such Recorder appointed by the Queen shall arrive in Natal, the Governor shall nominate some fit person to act as Recorder.] 1 Repealed by Law No. 10 of 1857, below. 2 By Ord. No. 18 of 1856 he was to be designated Attorney-General. 5. [Recorder to take oaths taken by the chief justice of the Cape.] 6. [Lieutenant-Governor of Natal may appoint temporarily to the office if it should fall vacant.] 7. [Recorder to hold his office during good behaviour. Upon proof of misconduct the Lieutenant-Governor of Natal may, with the advice of his executive council, suspend the Recorder; but report of such suspension is to be made forthwith to the Governor of the Cape for transmission to Her Majesty.] 8. [Full power is reserved to Her Majesty to confirm or disallow such suspension; as well as full power, upon sufficient proof of misconduct, to remove the Recorder.] 9. [Rank and precedence of Recorder.] 10. [District Court to have a seal.] II. [Seal to be kept by Recorder.] 12-13. [Salary of Recorder.] 14. [Officers corresponding to sheriff, registrar and master of Cape Supreme Court, to be appointed by the Queen. Other officers to be appointed by the Lieutenant-Governor of Natal. All officers to hold office during the Queen's pleasure.] 15-19. [Admission of advocates and attorneys.] 20. [District Court to have the same jurisdiction as the Cape Supreme Court.] 21. [District Court to judge according to laws now in force in Natal or hereafter to be made for Natal by Parliament, by the Privy Council or by the Legislative Council of the Cape.] 22. [Proceedings to be in open court and in the English language. In criminal cases witnesses shall deliver their evidence viva voce and in open court.] 23. [Criminal cases to be tried before the Recorder and a jury of nine. No juror to be disqualified merely by reason of his ignorance of the English language.] 24. [The chief seat of the District Court is to be Pietermaritzburg.] 25-26. [Recorder shall hold his court at least twice a year in such other divisions as the Lieutenant-Governor shall proclaim.] 27. [No sentence of the District Court involving death, transportation or banishment shall be carried out until approved of by the Lieutenant-Governor.] 28. And be it enacted, that it shall and may be lawful for the district court aforesaid, in any criminal case pending in or before the said court, after a verdict of guilty shall have been recorded, to abstain, should the said court see cause, from then passing sentence upon the person convicted, and to order and direct that such case be removed from the said |