A magistrate's court for the district of Carnarvon was established on 23 September 1874. In that year the name of the town changed from Harmsfontein to Carnarvon.
The magistrate held a periodical court at Van Wyksvlei.
Magistrate and Bantu Affairs Commissioner, Butterworth
A Magistrate’s Court was established at Butterworth on 16 December 1878 (PJ Venter: Government Departments of the Cape of Good Hope, 1806 – 1910, p 292).
The Magistrate of Butterworth, Mr FH Brownlee, was also appointed Native Commissioner by Government Notice No 1865 of 26 October 1928 (Government Gazette No 1734 dated 26 October 1928).
A magistrate's court was established at Cathcart on 25 January 1877, nineteen years after the first plots were sold.
The resident magistrate also acted as native commissioner and held periodical courts at Whittlesea and Bacela. He acted as special justice of the peace for Fairford.
Clanwilliam, formerly known as Jan Disselsvlei, formed part of the district of Stellenbosch until 1808 when it was annexed to the newly established district of Tulbagh. It then also became a sub-drosdy. The assistant magistrate's seat of office was on the loan farm Jan Disselsvlei, specially bought for this purpose. This sub-drosdy was renamed Clanwilliam in January 1814. On 1 January 1828 a resident magistrate was appointed to the Clanwilliam district.
The magistrate's office was burnt down during the Anglo-Boer War and most of the records prior to 1902 were destroyed.
The magistrate held periodical courts at Citrusdal, Lamberts Bay, Van Puttensvlei and Vanrhynsdorp.
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.
Magistrate and Bantu Affairs Commissioner, Somerset East
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.
Magistrate and Bantu Affairs Commissioner, Cofimvaba