Cape Mission Stations and Communal Reserves (Amendment) Act 12 of 1929

Cape Mission Stations and Communal Reserves (Amendment) Act, 1929 (No. 12 of 1929 )

Act

to supplement and amend the Mission Stations and Communal Reserves Act, 1909 (Cape of Good Hope).

Be it enacted by the King's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows :-

Transfer of land granted under Act No. 29 of 1909 on death of owner.

1. (1) When the owner of land granted under the provisions Of section eight of the Mission Stations and Communal Reserves Act, 1909 (Act No. 29 of 1909 of the Cape of Good Hope, hereinafter referred to as the principal Act), has died and the magistrate of the district wherein such land is situate is satisfied that a single individual has inherited such land, such magistrate shall, if'furnished with the title deed to such land, and with the consent of the Governor-General in terms of sub-section (1) of section nine of the said Act, complete a form of transfer to be endorsed on the title which shall correspond supstantially with the form set forth in the Schedule to this Act and forward such form and title deed for registration to the Registrar of Deeds within whose area of jurisdiction the said land is situate.

(2) No transfer duty, fee of office, stamp duty or charge shall be paid in respect of any such transfer.

Amendment of section nine of Act No. 29 of 1909.

2. Section nine of the principal Act is hereby amended by the insertion of the following words at the end of sub-section (1) :- 

Provided that where a lot or holding under paragraph (7) of section four or an allotment granted under paragraph (e) of sub-section (1) of section eight consists of two or more separate pieces of land, any such piece may with the approval of the Governor-General be separately alienated, transferred, ceded, leased, mortgaged or rendered liable to execution for debt.

Amendment of section nineteen of Act No. 29 of 1909.

3. Section nineteen of the principal Act is hereby amended by the addition at the end thereof of the following words :-

Provided further that if any person in default is not a registered occupier or owner, notice of the intention of the Governor-General to cancel the right of such defaulter to reside within any area under the jurisdiction of the board of management shall be posted by the magistrate at the court house and at the office of the board of management or some other place upon the mission station, and after such notice shall have remained posted for three months it shall be lawful for the Governor-General, if the amount due together with an additional charge of two shillings and sixpence shall not at that date have been paid, to cancel the right of residence of the defaulter, who shall, if he thereafter remains within or enters the area under the jurisdiction of the board of management, be deemed to be an idle and disorderly person within the meaning of section two of the Vagrancy Act, 1879, (Act No. 23 of 1879), and liable to be dealt with as such in terms of that section.

Short title.

4. This Act may be cited as the Cape Mission Stations and Communal Reserves (Amendment) Act, 1929.

Schedule

FORM FOR TRANSFER OF LAND UNDER SECTION one OF THE CAPE MISSION STATIONS AND COMMUNAL RESERVES AMENDMENT ACT, 1929.

Whereas I have satisfied myself that ........................................................
the owner of the land to which this title deed refers, to wit .................
.................................................................................................................. (a)
has died, and that ..................................................................... is entitled
to be registered as the owner of the said land in the place of the said
........................................................................................................................

I do hereby transfer all the right, title and interest in the said land
to .............................................................................................................
MAGISTRATE OF THE DISTRICT OF
...........................................................
(a) Insert particulars of land and title deed.

Commencement

3 April 1929