Insert "Trustee Bequests for the do hereby declare that I am desirous of depositing the table Donation or sum of £...............in the Post Office Savings Bank on Maintenance of Edbehalf of the said.......... ucation or Benefit It is hereby certified that the Balance standing in the Books of The Post Office Savings Bank to the credit of the Depositor............ ......numbered as ...in the year 18...... ....of .... above, on the............day of....... amounts in the whole to the sum of.. Entered.... Controller, Savings Bank Department, General Post Office, Cape Town. Preamble. Close season for netting fish, Penalty for using dynamite, &c. Half penalty to go to informer. Short Title. No. 7-1883.] ACT [September 12, 1883. For the protection of Fish in the Water of the Zwartkops River and its Tidal Creeks, and to prohibit the use of Dynamite and other Explosives for the purpose of catching or destroying Fish in the said River. (1) WHEREAS it is expedient to make provision for regulating the catching of fish by means of nets in the Zwartkops River, and to prohibit the use of dynamite or other explosives for the purpose of catching or destroying fish in the waters of the said river and its tidal creeks (commonly called "spruits "); 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. It shall not be lawful for any person to lay down, use or fish with any kind of net in the said Zwartkops River from the sea to the extent of the ebb and flow of the tide, or in any of the tidal creeks thereof, save and except in the months of April, May, and June; and any person committing any such offence shall, upon conviction before the Resident Magistrate of Port Elizabeth or of Uitenhage, either of whom shall be authorised to hear and decide on any charges preferred under this Act, forfeit any net or nets used by him for the purpose of committing such offence, and shall in addition be subject to payment of a penalty not exceeding twenty pounds, and in default of payment to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment. And the said Resident Magistrate may order such net or nets, or any portion thereof, to be destroyed or sold as he shall direct. other 2. Any person who shall at any time use dynamite or explosive substance with intent or in such manner as to catch or destroy fish in the said river or in any of the tidal creeks thereof, shall be liable on conviction before such Magistrate to a fine not exceeding twenty pounds, or in the discretion of the Court to imprisonment with or without hard labour for a term not exceeding three months, or to both such fine and such imprisonment. 3. Of all penalties or fines recovered under this Act, and of all moneys received through any sale of nets directed under the provisions of this Act, one-half shall be paid to the person or persons upon whose information conviction and forfeiture shall have been obtained, and the remainder shall be paid into the Public Treasury. 4. This Act may be cited for all purposes as the "Zwartkops River Fish Protection Act, 1883." See Acts Nos. 10, 1867; 29, 1890; 15, 1893; 43, 1899 (p. 4225.) No. 8--1883.] ACT [September 12, 1883. To provide for the Management of Locations in the Division of WHEREAS it is desirable to make better provision for the management of locations in the division of Stockenstrom, not being municipalities: Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and the House of Assembly thereof, as follows: 1. In any location in the division of Stockenstrom in which the Village Management Act, (2) 1881," shall now be in operation, it shall be lawful for the Governor to declare this Act to be in operation; and in every such location, and in every location in which the "Villages Management Act" shall hereafter be put in operation, the said "Villages Management Act" shall be read and construed as amended by this Act. 2. In any location in the division of Stockenstrom, in which the provisions of this Act and the said "Villages Management Acti shall together be in operation, every person who is the owner or lessee, under a lease in writing for the space of not less than one year, of an erf or erven within the said location, and whose name shall appear in the list of voters hereinafter provided for, shall be entitled and qualified to vote for the election of members of the Boards of Management. Preamble. Where Act may be proclaimed. Who eligible to vote for members Field-cornets to voters. 3. The Field-cornet of the ward in which such location is situated shall, as soon as possible after the taking effect of this prepare lists of Act, and in the month of May in every year thereafter, prepare or cause to be prepared, a true list, in alphabetical order, of such owners and lessees as in the last section is mentioned, and shall forthwith transmit the said list to the Resident Magistrate of the district: Provided that it shall not be necessary to frame any such list for any location in which the said "Villages Management Act" has already been put in force before the month of May, 1884. 4. The said Resident Magistrate shall cause the said list to be affixed to the door of his Court-room, with a notice appended ed. thereto to the effect that at a time and place therein mentioned, which time shall not be less than fourteen days from the date of such notice, a court will be held by him for the purpose of hearing and adjudicating upon objections to the said list and claims to have names added thereto. Lists to be post Resident Magis 5. The said Resident Magistrate shall at such court hear and determine all claims and objections as aforesaid, and may insert trate to determine the names of persons omitted therefrom, and strike out the names See Act No. 30, 1894 (p. 3416). 2 No. 29. claims. No. 9-1883. In absence of qualified voter may preside at meeting. of of persons not entitled to appear therein, and the list when so settled and amended shall be the list of voters for the purposes election of members of the said boards. 6. At any meeting of voters held for the purposes mentioned Magistrate, any in the fifth section of the "Villages Management Act, 1881," any person qualified to vote at such meeting may be elected to preside in the event of no Resident Magistrate or Justice of the Peace being present thereat, and the person so presiding shall have and may exercise all the powers which any Reident Magistrate or Justice of the Peace would have and exercise if present. Number of votes erven possessed. 7. Every person entitled to vote as aforesaid who shall be the equal to number of proprietor or lessee of more than one erf in any such location shall be entitled to a number of votes in the election of members of the Board of Management for that location, equal to the number of the erven possessed or leased by him. Owners of part only of an erf. Lessees. Joint owners. Short Title. 8. No person who shall be the lessee of a portion of an erf only shall be entield to be registered as a voter under this Act: but the owner of the erf of which a portion shall be leased shall not, by reason of such lease, be disqualified from being registered. 9. In case the whole of an erf shall be leased under such a lease as in this Act is mentioned, the lessee, and not the owner, shall be entitled to have his name inserted in the said list, and to vole: but in all other cases the owner, and not the lessee, shall be so entitled. 10. If two or more persons shall be joint proprietors or lessees of any erf, such one of them as may be chosen or deputed for that purpose by the other or others shall appear and vote in respect of such erf; and in case such persons cannot agree, the person to vote shall be determined by lot. 11. This Act may be cited as the "Stockenstrom Locations Management Act, 1883." No. 9-1883.] ACT (1) [September 12, 1883. Preamble. Repeal of repugnant laws. To amend the Law relating to Election Petitions, and to the Prevention of Corrupt Practices at Parliamentary Elections. WHEREAS it is expedient to amend the law relating to election petitions and to the prevention of corrupt practices at the Parliamentary Elections: 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 hereto to the extent to which the same are therein expressed to be repealed, and so much of any other law as may be repugnant to or inconsistent with the provisions of this Act shall be and the same are hereby repealed. See also Act 26. 1902 (p. 4446): 21, 1859 (p. 755): 48, 1899 (p. 4237). 2. The following words in this Act shall have the meanings hereinafter assigned to them, unless there is something in the context repugnant to such construction, that is to say: "Constitution Ordinance" shall mean the Ordinance mentioned in the said Schedule. "Election" shall mean an election of a member or members to serve in Parliament. 66 Candidate" shall mean any person elected to serve in Corrupt practices" or "corrupt practice" shall mean bri- "Prescribed" shall mean prescribed by any rule of Court to be PRESENTATION AND SERVICE OF PETITION. 3. A petition complaining No. 9-1883. Definition of terms used. What petitions may be presented (1) Of an undue return or undue election of a member to (2) That a member of the Legislative Council who has been may be presented to the Supreme Court, or, in the case of a (1) Some person who voted or who had a right to vote at the (2) Some person claiming to have had a right to be elected at (3) Some person alleging himself to have been a candidate at 4. With respect to the presentation of an election petition under this Act, the following provisions shall apply: (1) The petition shall be signed by the petitioner or all the (2) The petition shall be presented within forty-two days Sce Act 26, 1502, § § 4 et seq. (p. 4446). Provisions as to such petitions. |