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As a result of the expansion of the population in the interior a second court of heemrade, similar but subordinate to that at Stellenbosch-Drakenstein, was established with a deputy landdrost as secretary. The new area, known as the Outlying Districts, stretched from the Bree River to past Mossel Bay and relieved the heemrade of Stellenbosch of many of their burdens.

Of the four elected heemrade, one was to hand in a report every three months. Once every two years two heemrade would resign and successors elected. In January 1744 JT Rhenius was appointed as the first deputy landdrost of the Outlying Districts.

Within months discord arose between the deputy landdrost and heemrade as a result of uncertainty regarding rank. This led to a clearer definition of their duties especially with regard to times of meetings, the deputy landdrost’s position at meetings and the reference of cases not settled out of court to the court of the landdrost and heemrade at Stellenbosch.

These measures were, however, unsatisfactory and in August 1745 it was decide to establish a completely independent magistracy with Rhenius as “absolute landdrost” of the Outlying Districts. The same instructions as those for Stellenbosch-Drakenstein were applicable. The jurisdiction of each district with regard to communal matters was to be decided upon jointly. The new district covered the whole area under the Company’s control to the north and east of the Stellenbosch-Drakenstein district and the limits of its jurisdiction were clearly defined.

In 1746 the request by the landdrost and heemrade for land along the Koornland River to build a drostdy and the necessary buildings, was granted. In October 1747 the district was named Swellendam after the governor and his wife, Hendrik Swellengrebel and Helena Wilhelmina ten Damme.

The creation of the new magisterial district of Graaff-Reinet in 1786 limited the jurisdiction of the landdrost of Swellendam to the Swartberg in the north and the Gamtoos River in the east.

In June 1795 the inhabitants of Swellendam rebelled against the government of the Company. Landdrost Faure, the secretary and messenger were forced to hand the drostdy to the burghers, who appointed a National College (“Collegie Nasionaal“) under the leadership of Hermanus Steyn.

After the British occupation of the Cape, peace was restored and the drostdy handed back to Faure in November 1795.

With the revision of the judicial system in 1827 the college of landdrost and heemrade was abolished and replaced with a civil commissioner and resident magistrate. H Rivers and CM Lind were appointed to these positions respectively. In 1834 the positions were united and Rivers appointed.

With the revision of the district boundaries of Swellendam and Stellenbosch and the secession of the George district in 1811, the area to the east of the Hottentots-Holland mountains was added to Swellendam. A sub-drostdy under JH Frouenfelder with the seat of magistracy at the Swartberg Bath was established in the new area.

Like the deputy landdrost of Clainwilliam, in the Tulbagh district, Frouenfelder received his instructions from the landdrost of the main district and reported to him or, where necessary, to the Colonial Secretary. He was assisted by a clerk, a messenger, a constable and two justice officials while personally acting as vendu master of the sub-district.

In December 1813 the sub-district was named after the former governor Lord Caledon.

In October 1822 the sub-district was abolished as a measure of economy, and placed under the supervision of a special Heemraad, assisted by a clerk, a messenger, deputy sheriff, two constables and two justice officials. With the revision of the judicial system in 1827 the position of Special Heemraad was abolished and the duties transferred to the Justice of the Peace.

In 1839 Caledon became an independent district with its own Resident Magistrate.

“According to an Amended Report of the Committee appointed on 21 July 1854 taking into consideration as to places where additional Civil Commissioners and seats of Magistracy should be placed, the Governor of the Cape Colony, acting under the powers vested in him by the Act ‘For Amending and Consolidating the Laws relative to the Courts of Resident Magistrates, 1856 (Act 20 of 1856)’ , erected, constituted and established a Court of Resident Magistrate at Knysna, and declared the boundaries of the district to be as follows – On the west by the Swart River, on the North by the Outeniqua Mountains, on the East by the boundaries of the division of Uitenhage and on the South by the ocean”. The first Civil Commissioner and Magistrate was James Fichat.

On 28 February 1887 a Special Justice of the Peace was appointed at the Millwood Gold Fields in the district of Knysna. Patrick Fletcher was appointed the first Special Justice of the Peace. In the same year a Periodical Court to be held by the Magistrate of Knysna was established at Millwood. During August 1916 a Periodical Court to be held by the Magistrate of Knysna was established at Plettenberg Bay.

A magistrate’s court was established at King William’s Town in British Kaffraria on 1 September 1852 (GH23/21 General Despatches, 20 September 1852, pp 158 – 159). On 17 April 1866 British Kaffraria was annexed to the Cape Colony (Government Gazette Extraordinary No 3788 dated 17 April 1866, Proclamation No 30 dated 17 April 1866).

On 26 October 1928 the Magistrate of King William’s Town was also appointed as Native Commissioner and an Additional Native Commissioner appointed (Government Gazette No 1734 dated 26 October 1928, Government Notice No 1865, dated 26 October 1928). On 27 April 1929 criminal jurisdiction was conferred on the Additional Native Commissioner (Government Gazette No 1784 dated 30 May 1929, Proclamation No 118 dated 30 May 1929).

On 4 September 1878 British sovereignty was declared over the port and tidal estuary of the St John’s River (Government Gazette No 5837 dated 6 September 1878, Proclamation No 68 dated 4 September 1878), and on 3 October 1878 a magistrate was appointed at Port St Johns (Government Gazette No 5845 dated 4 October 1878, Government Notice No 865 dated 3 October 1878). On 15 September 1884 Port St Johns was annexed to the Cape Colony (Government Gazette No 6530 dated 16 September 1884, Proclamation No 215 dated 15 September 1884).

The Magistrate of Port St Johns was also appointed Native Commissioner on 26 October 1928 (Government Gazette No 1734 dated 26 October 1928, Government Notice No 1865 dated 26 October 1928).