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Proclamation by SIR RUFANE SHAWE DONKIN.

Whereas the encreased population, consequent upon the recent location of the Settlers who have arrived in this Colony from the United Kingdom, has rendered it expedient to establish in the Sub-Drostdies in which they are located, Courts for the Enregisterment of Marriages, and for the cognizance of Minor Criminal and Civil Cases, to obviate the inconvenience to which the Inhabitants would be exposed, from the necessity they would be otherwise under, of resorting to the Courts of the chief place in each Province of the Colony, in which they are settled:

I do therefore hereby direct the Deputy Landdrosts of the SubDrostdies of Clanwilliam, and Graham's Town, to assemble a Court of Deputy Landdrost and Heemraden, (the number of Heemraden competent to constitute such Court, with the Deputy Landdrost, not to be less than two) on the first Monday of every Month, at which Court all the Inhabitants of the proportion of the Districts of Tulbagh and Uitenhage, now included in the SubDivisions of Clan William and Albany, shall be at liberty to have their Marriages registered, as customary in this Colony.

And I do hereby further direct the aforesaid Deputy Landdrosts, with the number of Heemraden as aforesaid, at least, to constitute a Court, at the same time and place, for the trial of such Criminal Cases as are cognizable by the Courts of Landdrosts and Heemraden, under the Proclamation of the 18th of July, 1817, and of such Civil Cases as are of the competence of those Courts to decide upon.

And that no Person may plead Ignorance hereof, this shall be published and affixed as usual.

God save the King!

Given under my Hand and Seal, at the Cape of Good Hope, this 15th day of September 1820.

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Letter from the Colonial Secretary to the Landdrost of Uitenhage. COLONIAL OFFICE, September 15th 1820.

SIR,--His Excellency the Acting Governor having had under his consideration the state of that part of your District in which the Emigrants from England have been lately located, and having perceived that it is desirable for the convenience of the Inhabitants and for the quiet and good order of the District that certain further regulations should be promulgated on these Heads, His Excellency has determined that there shall be a Monthly Court for Matrimonial Affairs and Petty Cases at Graham's Town, at which the Deputy Landdrost shall, as is usual, preside, with at least two Heemraden, acting under the same instructions as the Court of Landdrosts and Heemraden are guided by in like matters at the chief places of the several Provinces, of which the usual notice will be forthwith given; but as the number of Settlers, and their distance in many instances from the Sub Drostdy may make it inconvenient for them in very minute cases to go to Graham's Town either for the purpose of procuring redress in such cases, or giving information to the Magistrates on more grave subjects, his Excellency has empowered the Provisional Magistrate at Bathurst to take cognizance of certain matters which are defined in a Proclamation issued for the guidance of Special Heemraden to be appointed by His Excellency's warrant in such situations in which he may judge it requisite to extend this further aid to the Magistracy and Inhabitants; His Excellency has thought fit to define the limits of the jurisdiction of the Provisional Magistrate at Bathurst, so that all collision between that officer and the Magistrate at Graham's Town may be thereby avoided. This jurisdiction will embrace all the locations seaward of a line drawn from the North West side of Mr. Mahony's Settlement to the Jager's drift on the Bosjesman's River, and thus include the several locations pointed out in the enclosed List, to which you will be pleased to give the necessary publicity.

But His Excellency having further considered that the difference of language may be of considerable embarrassment in cases where the English Settlers are concerned, he has decided upon appointing two additional Heemraden for the Graham's Town jurisdiction in

addition to the Heemraden already considered as belonging to the Sub Drostdy; and it is His Excellency's desire that you instruct the Deputy Landdrost not to take cognizance in his Court of any case either criminal or civil unless one of the said additional Heemraden whom His Excellency will select from among the English Settlers residing in the aforesaid jurisdiction, be present when the cause in which such English Subject is concerned shall come on, matrimonial cases excepted, in which the usual necessary questions may be put to the parties, without it being necessary that an English Member of the Court be present, provided the Deputy Landdrost himself be so. These additional Heemraden will not however be furnished with the Special Warrant alluded to in His Excellency's aforesaid Proclamation of this date; but as it is essential to provide for the possible absence or illness of the Provisional Magistrate at Bathurst, His Excellency has decided upon appointing a Heemraad in that jurisdiction, with powers to act under such circumstances, according to the powers vested in such by the aforesaid Proclamation; this Heemraad may or may not be called to the sitting of the Court of Deputy Landdrost and Heemraden of Graham's Town, according as it shall appear advisable to yourself or the Deputy Landdrost.

It will rest with you to put the respective parties into possession of the details necessary to their carrying these instructions into execution; and therefore it remains only on this subject necessary to add that His Excellency desires that Messieurs Pigot and Campbell (of Botha's Farm) may be appointed Heemraden in the Graham's Town jurisdiction, and Mr. Phillips for that of Bathurst; the warrant for the special duties with which the latter is to be entrusted being herein enclosed.

I likewise transmit to you six printed copies of the mode of proceeding in Crown Trials in English, and as many copies of His Excellency's Proclamation of this date; and two copies in English and two in Dutch of the Instructions for the Matrimonial Court, in order that you may furnish them as may be required to the Court of Graham's Town, and to the Provisional Magistrate and Heemraad at Bathurst.

One step arising out of these Instructions it appears to be immediately necessary to provide for, and that is the erection of a place of confinement for Prisoners at Bathurst; a plan thereof should be agreed upon between Captain Trappes and yourself; and

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you should endeavour to induce some of the Heads of Parties or principal Settlers to tender for the work, after which such tenders as shall have been received should be transmitted hither with the plan proposed for His Excellency's sanction. I have &c.

Letter from the COLONIAL SECRETARY to CAPTAIN TRAPPES.
COLONIAL OFFICE, September 15th 1820.

SIR,-I am directed by His Excellency the Acting Governor to acquaint you that the expediency of establishing a Court for Matrimonial affairs, and a Court for taking cognizance of Criminal and Civil Offences at Graham's Town has made it necessary officially to promulgate your Appointment as a Provisional Magistrate in the District of Uitenhage; and to define the limits of the District within which you are called upon to exercise those judicial powers which it has been thought fit to entrust to you, and which are fully described in His Excellency's Proclamation of this date for the appointment of certain Special Heemraden, as conservators of the Peace in such situations in which it may appear to His Excellency to be necessary. By this augmentation of the powers formally entrusted to you, I am directed by His Excellency to state that it is not meant to revoke or amend those Instructions which you received on your first appointment through Mr. Ellis or to limit those duties or interferences with respect to the Settlers which at that time were found necessary to entrust you with, but by the present arrangement to aid the Courts of the District and to facilitate the ends of Justice in the Cases pointed out. But as it may happen that from your absence or indisposition, the Inhabitants might not have it in their power to obtain in the cases alluded to, that speedy redress which it is the wish by this measure to place in their power, His Excellency has expedited His Warrant to Mr. T. Phillips constituting him a Special Heemraad, with powers to act in your absence, or when you may be otherwise legally prevented from the performance of these duties, (of which you will upon such occasions give him due notice) according to the terms of the aforesaid Proclamation.

The limit of the District to which your judicial powers are confined is defined by a line drawn from the Fish River passing the north west side of Mr. Mahoney's location to the Jager's drift on the Bosjesman's River, and including the several locations specified in the enclosed List.

It will be necessary that you take into your employ an active and intelligent Clerk, the selection of whom His Excellency leaves to you as well as the amount of Salary to be allowed him, provided the sum of 600 Rds. be not exceeded. I have &c.

Letter from HENRY ELLIS, ESQUIRE, to SIR JAHLEEL BRENTON. COLONIAL OFFICE, 20th September 1820.

SIR,-I am directed by His Excellency the Acting Governor to acknowledge the receipt of your Letter of the 9th instant, with its inclosures, and I have it in command to inform you that the general question upon which the Department under your superintendence as well as the Department of H.M. Ordnance are at issue with the Officers of H.M. Customs in this Colony, having been referred to H.M. Secretary of State for the Colonial department, for orders thereupon, until the receipt of an answer to that reference His Excellency does not conceive that it would be decorous in him to anticipate the decision that may be taken on the existing system; with a view however partially to remove the difficulty complained of His Excellency will direct that the charge of one Rixdollar cease to be levied on all permits granted for the shipment or landing of public Stores or provisions from or for the use of H.M. Vessels of war and Transports in the Ports of this colony: this remission being however subject to the decision of H.M. Secretary of State on the whole question still under reference. I have &c.

(Signed) H. ELLIS, Deputy Secretary.