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Reports of Cases Decided in the High Court of Griqualand Volume 8

Reports of Cases Decided in the High Court of Griqualand Volume 8


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ... to the protest I am of opinion that it was originally based on untenable grounds and not subsequently repeated, and that therefore in any case--especially in view of the consideration previously mentioned--it cannot be allowed as a ground either of set-off or counter-claim. The main ground of defence, as already stated, is that clause 3 of the proclamation was ultra vires and not in accordance with the provisions of the Act. Attempts were made, on the part of the plaintiff, to refer to the provisions of previous enactments, which were repealed by the Act of 1883, and of other Proclamations issued under the Act. It was admitted, however, that there was no decided case in point where similar language, used by the Legislature or the Governor, had been the subject of judicial construction, and we must therefore deal with and construe the language of the Act and the Proclamation as they stand. Now the point raised is a somewhat subtle one. The section (sect. 35) provides that "to every claim... there shall be attached the right to use and occupy one acre of ground hereinafter called a depositing site.. and in respect of every such depositing site the owner of the soil shall be entitled to charge, etc." The Proclamation lays down that this charge shall be made "not in respect to each depositing site," but "for the right attached to each claim to use and occupy one acre of ground for the purpose of depositing site." It goes on, however, to say "under the provisions of sect. 35 of the Act;" and it seems clear to me that the Governor, who could not impose any burden on the subject beyond that laid down by law, clearly and by explicit reference intended to provide for such payment as was sanctioned...


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Product Details
  • ISBN-13: 9781234100964
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 94
  • Spine Width: 5 mm
  • Width: 189 mm
  • ISBN-10: 1234100967
  • Publisher Date: 05 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 181 gr


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