WP Leary was appointed Resident Magistrate for the District of Umsikaba by Government Notice No 946 dated September 1894. The seat of the magistrate was presumably at Flagstaff, for, by Government Notice 995 dated October 1895 the seat of the Magistrate ... »
WP Leary was appointed Resident Magistrate for the District of Umsikaba by Government Notice No 946 dated September 1894. The seat of the magistrate was presumably at Flagstaff, for, by Government Notice 995 dated October 1895 the seat of the Magistrate of Umsikaba was removed from Flagstaff to Lusikisiki. JAP Galdwin was appointed “Assistant Resident Magistrate for the District of Umsikaba to hold a court at Flagstaff in the said district,” by Government Notice 996 dated October 1895.
By Government Notice No 1865 of 26 October 1928, Government Gazette No 1734, the magistrate of Flagstaff, Mr FC Pinketon, was also appointed as Bantu Affairs Commissioner.
Mr WJ Davidson, the Resident Magistrate, was appointed Native Commissioner by Government Notice No 1865 of 1928 published in Government Gazette No 1734 dated 26 October 1928.
A Magistrate’s Court was established at Elliotdale on 1 February 1877 (PJ Venter: Government Departments of the Cape of Good Hope 1806 – 1910, p 292).
The Magistrate of Elliotdale, Mr E Wilkens, was also appointed Native Commissioner by Government Notice ... »
A Magistrate’s Court was established at Elliotdale on 1 February 1877 (PJ Venter: Government Departments of the Cape of Good Hope 1806 – 1910, p 292).
The Magistrate of Elliotdale, Mr E Wilkens, was also appointed Native Commissioner by Government Notice No 1865 of 1928 published in Government Gazette No 1734 dated 26 October 1928.
An assistant resident magistrate was appointed at Durbanville on 31 August 1899. Prior to his appointment and since November 1872, Durbanville fell under the jurisdiction of Cape Town with the magistrate of Wynberg holding a periodical court at ... »
An assistant resident magistrate was appointed at Durbanville on 31 August 1899. Prior to his appointment and since November 1872, Durbanville fell under the jurisdiction of Cape Town with the magistrate of Wynberg holding a periodical court at Durbanville. In terms of Act 10 of 1876 a special justice of the peace was appointed for the Durbanville area. This office was abolished when the previous periodical court was again established on 19 July 1888. The Magistrate, Cape Town took over the jurisdiction of Durbanville on 11 November and held a periodical court there until a magistrate was appointed at Durbanville in 1899.
The magistrate held a periodical court at Bellville from 1916 - 1926.
On the recommendation of the Commissioners of Inquiry the entire judiciary system was revised in 1827, based on the Charter of Justice. The colleges of landdrosts and heemrade were abolished and replaced with resident magistrates and civil commissioners.... »
On the recommendation of the Commissioners of Inquiry the entire judiciary system was revised in 1827, based on the Charter of Justice. The colleges of landdrosts and heemrade were abolished and replaced with resident magistrates and civil commissioners.
According to these instructions, the resident magistrate had jurisdiction in civil cases where the disputed sum did not exceed £10 and where titles to land, etc. were not in dispute.
In criminal cases, his jurisdiction was limited to cases not punishable with death, transportation, banishment, fines exceeding £5 or imprisonment exceeding one month. Documentation was to be in English and appeals against decisions in cases exceeding 40 shillings could be lodged with the Circuit Court. Together with the clerk of the peace, who was also to be public prosecutor, the resident magistrate formed a matrimonial court for the registration of marriages.
The civil commissioner was responsible for tax collecting and other functions formerly performed by the landdrost and heemrade, which had not been assigned to the resident magistrate.
The revised Charter of Justice of 1832 brought little fundamental change to the newly created judiciary system.
In 1834 the offices of Resident Magistrate and Civil Commissioner were consolidated.
By Act No 20 of 1856 and Act No 22 of 1875 resident magistrates received extended jurisdiction and also performed miscellaneous semi and non judicial functions.
In 1882 provision was made for the appointment of assistant resident magistrates. In 1884 the use of Dutch in all court documentation was again permitted on an equal footing with English.
After Union in 1910 the laws relating to magistrates courts were consolidated and magisterial jurisdiction was amended from time to time by various subsequent acts.
Act No 38 of 1927 made provision for the appointment of (native) commissioners for any area in which large numbers of blacks resided. Magistrates of certain districts were authorized to act as such commissioners and to hear civil cases according to the native law. Criminal cases were subject to the Magistrate’s Court Act of 1917 as amended and the Criminal Procedure and Evidence Act No 31 of 1917 as amended.
Apart from his judicial and administrative functions, the resident magistrate and civil commissioner also performed semi-judicial duties such as to act as coroner at inquests. In an ex-officio capacity, he acted as chairman of the liquor licensing court, the divisional council, the rent board, etc. During the Anglo-Boer War, he also acted as deputy administrator of martial law. Additional duties performed by the resident magistrate include those in connection with the matrimonial court, the slave office, the registration of births and deaths, and tax and customs.
A magistrate’s court was established in the district of Wodehouse on 5 January 1871. The new district on the north eastern border of the Colony was formed of parts of the divisions of Aliwal North, Albert and Queenstown (Government Gazette No 4298, 6 ... »January 1871, Proclamation No 1, 5 January 1871). The seat of the magistracy was at Dordrecht.«
A sub-drosdy, under the jurisdiction of the magistrate of Graaff-Reinet was established at Cradock on 10 July 1812. On 11 March 1825 the sub-drosdy was abolished and Cradock became part of the district of Somerset. Cradock fell under the jurisdiction of ... »
A sub-drosdy, under the jurisdiction of the magistrate of Graaff-Reinet was established at Cradock on 10 July 1812. On 11 March 1825 the sub-drosdy was abolished and Cradock became part of the district of Somerset. Cradock fell under the jurisdiction of the magistrate at Somerset East until 8 February 1837 when a magistrate's court was established there.
The magistrate acted as chairman of the matrimonial court, as justice and clerk of the peace and registrar of births and deaths. He also was in charge of slave matters.
The seat of the Magistrate was moved from St Marks to Cofimvaba in July 1894 (1/COF 9/1/65 File No N1/12/6 – Letter from the Acting Magistrate Cofimvaba to LLF Wood dated 25 March 1946).
On the recommendation of the Commissioners of Inquiry the entire judiciary system was revised in 1827, based on the Charter of Justice. The colleges of landdrosts and heemrade were abolished and replaced with resident magistrates and civil ... »
On the recommendation of the Commissioners of Inquiry the entire judiciary system was revised in 1827, based on the Charter of Justice. The colleges of landdrosts and heemrade were abolished and replaced with resident magistrates and civil commissioners.
According to these instructions, the resident magistrate had jurisdiction in civil cases where the disputed sum did not exceed £10 and where titles to land, etc. were not in dispute.
In criminal cases, his jurisdiction was limited to cases not punishable with death, transportation, banishment, fines exceeding £5 or imprisonment exceeding one month. Documentation was to be in English and appeals against decisions in cases exceeding 40 shillings could be lodged with the Circuit Court. Together with the clerk of the peace, who was also to be public prosecutor, the resident magistrate formed a matrimonial court for the registration of marriages.
The civil commissioner was responsible for tax collecting and other functions formerly performed by the landdrost and heemrade, which had not been assigned to the resident magistrate.
The revised Charter of Justice of 1832 brought little fundamental change to the newly created judiciary system.
In 1834 the offices of Resident Magistrate and Civil Commissioner were consolidated.
By Act No 20 of 1856 and Act No 22 of 1875 resident magistrates received extended jurisdiction and also performed miscellaneous semi and non judicial functions.
In 1882 provision was made for the appointment of assistant resident magistrates. In 1884 the use of Dutch in all court documentation was again permitted on an equal footing with English.
After Union in 1910 the laws relating to magistrates courts were consolidated and magisterial jurisdiction was amended from time to time by various subsequent acts.
Act No 38 of 1927 made provision for the appointment of (native) commissioners for any area in which large numbers of blacks resided. Magistrates of certain districts were authorized to act as such commissioners and to hear civil cases according to the native law. Criminal cases were subject to the Magistrate’s Court Act of 1917 as amended and the Criminal Procedure and Evidence Act No 31 of 1917 as amended.
Apart from his judicial and administrative functions, the resident magistrate and civil commissioner also performed semi-judicial duties such as to act as coroner at inquests. In an ex-officio capacity, he acted as chairman of the liquor licensing court, the divisional council, the rent board, etc. During the Anglo-Boer War, he also acted as deputy administrator of martial law. Additional duties performed by the resident magistrate include those in connection with the matrimonial court, the slave office, the registration of births and deaths, and tax and customs.
