plaintiff in his said capacity may deem necessary to make, Ad idem.

A true copy from the original.

(Signed)

D. J. VAN RYNEVELD, Secretary.

No. 3.

Extracts from the records held by the Commission for administering justice in the Country districts.

DROSTDY OF SWELLENDAM.

Criminal.

The landdrost further reported:

Monday the 28th October 1811.

That shortly after he had entered on the situation of landdrost of this district, one Coenraad Marneweck came to him with an extract from the loan books held in the office of Land Revenue, from which it appeared that the grant of a place named the Mierenkraal, occupied by one Willem Noordman, had been withdrawn on a complaint of said Marneweck, and at the same time complaining that altho' he obtained this resolution from Government, still however it was not of the smallest use to him, but on the contrary, that said Noordman still continues to occupy the place to his prejudice and molests him in every kind of way, and that notwithstanding that he had frequently complained to the former Landdrost Faure, he however did not assist him.

That he the Landdrost, having informed himself on this subject, found the complaints to be grounded, and therefore wrote to the fieldcornet under whose ward the said place belonged, to cause Willem Noordman to evacuate the same, and maintain Marneweck in the possession of his just right, with no better consequence, however, than that said Marneweck some time afterwards again addressed himself to the landdrost, complaining that he was not only not yet reinstated in his rights, but also that he must daily suffer from Noordman.

That he the Landdrost gave the complainant a second order to the fieldcornet of his ward, conceiving that this business would now be terminated, but on the contrary some time afterwards he

was again requested by said Marneweck to do him justice as Noordman obstinately persisted in refusing to leave the place.

That he the Landdrost thereupon sent the under sheriff of the district with the necessary constables to the place, with order once more to desire said Noordman to quit the place directly, and in case of his not immediately complying with this order, to pound his cattle and make him and his family depart.

That in consequence of this order the under sheriff went there, and found himself obliged to have recourse to pounding the Cattle of said Noordman, which was accordingly done on the 8th February 1810, when two hundred and twelve sheep and goats and nineteen head of horned cattle were brought hither.

That some days afterwards he the landdrost received a supplicating letter from Noordman's wife, requesting to have the cattle back, as her husband was absent and she with her five children. had nothing to eat.

That as the execution of the orders given by the landdrost had been attended with some expence, he hesitated to give up all the cattle, but allowed the sheep and goats to be taken away.

That about fourteen days afterwards said Noordman came himself to the Drostdy, when the Landdrost directed the under sheriff to render him an account of the expences which had been incurred, and to demand payment, but to which Noordman answered that he would not pay a Stiver, neither would he release the cattle, but that he would address himself to government, and such like expressions.

That he the Landdrost allowed the business to remain in this state for some time, in expectation of Noordman's seeing his error; but that such not being the case, he had written to the fieldcornet Nortje to summon Noordman hither, in order to have his account taxed by commissioned heemraden, to which letter he received an answer from the fieldcornet that Noordman had absented himself without his knowledge.

That in the meantime the said cattle remained here in the pound, where they still are, the taking care of which has become a great charge, and the Landdrost does not know of any other means to terminate the business than to lay the account of said Noordman before the Commission for their approbation or alteration, and to request that they might be pleased to authorize the landdrost to sell the pounded cattle by public auction, and to dis

VIII.

Y

charge the said account out of the proceeds of the same, together with such costs as have been accumulated by taking care of the cattle, or to prescribe to the landdrost such other way of proceeding as the Commission may deem meet.

Upon which having deliberated and having taken into consideration the declaration of the Under sheriff Bodenstein exhibited by the landdrost, the Commission approves of the account amounting to Rix Drs. 131-1-2, and authorizes P. S. Buissinne, landdrost of Swellendam, to have the pounded cattle belonging to Willem Noordman judicially sold, and the proceeds of the same, after the deduction of the abovementioned sum already incurred, and still to be incurred legal costs, to be deposited in the hands of the landdrost and Heemraden here, as representing, agreeably to the 53rd article of the proclamation, the Chamber of Insolvent Estates and opus jus habentium.

An extract hereof to be granted to the said landdrost, as also to the landdrost and heemraden, as constituting the Chamber of Insolvent Estates here, for their respective information and guidance.

The Commission having further proceeded to a compliance with arts. 63, 64, and 65 of the proclamation, the landdrost declared that with respect to the 63rd article of the proclamation of the 1st November 1809 concerning Hottentots was here duly observed. That whenever Hottentots had to complain of their masters, the business was first extrajudicially examined by the landdrost, and if the case was found to fall under the terms of the proclamation it was then brought before the landdrost and heemraden for the prosecution of the master, only two cases of that nature having been brought forward last year, the one contra Abraham Ferreira, residing behind the Kogman's Kloof, and the other contra one Jacobus Botha, residing at the Slange River, both of whom were condemned conformably to the proclamation.

Further agreeably to the 64th Art. the annotation book of the under sheriff of Swellendam, respecting the slaves and Hottentots which had been confined and released from the prison during the year 1811, as also whether they received correction or not, was produced, which was as follows:

Hottentots: released with domestic correction 12; released without correction 8. Slaves: released with domestic correction 14; released without correction 14.

The prison being examined by the Commission, the same was found in every respect clean and in proper order, altho' very much confined and consisting in One apartment 15 feet long, broad 8 feet, One apartment 15 feet long, broad 12 feet, One apartment 15 feet long, broad 7 feet.

Further in compliance with the 65th Art. of the proclamation of the 16th May last, the landdrost declared that he had received report from all the fieldcornets that they agreeably to the 7th Art. had required a slave or Hottentot of each place, and made them acquainted with the general intention for which the Commission were about to assemble at the Drostdy; no other complaints having as yet been brought in than those contained in this

record.

Finally when the Commission were about, agreeably to the 66th Art. of the proclamation, to examine the different acts and coroners' reports, the landdrost declared that the custom here had only been to have inquests taken by the Chirurgeon of the district, and that those surgical acts were always sent to town and annexed to the respective proceedings.

The Commission prescribed that in future inquests in the neighbourhood of the village should be made in presence of commissioned heemraden, or otherwise in presence of the fieldcornet and witnesses, and that all those acts should be inserted in a book kept for that purpose, in the same manner as is customary in Cape Town.

Civil.

Monday the 28th October 1811.

Finally read a memorial from Hendrik van As, junior, stating that his father Hendrik van As, senior, had been for a considerable time past in a most deplorable situation, in consequence of having lost the use of his senses. That he had hoped that time and every possible endeavour would have restored his father to health, but that to his great sorrow he is disappointed in his hopes, his father still continuing in the same unfortunate situation, by which his estate not only goes considerably behind hand, but also ill disposed persons could make an improper use of his father's situation.

Memorialist therefore requesting that the Commission might

be pleased to appoint curators over said Hendrik van As, senior, the memorial being accompanied by an attestation from the landdrost P. S. Buissinne and one of Willem Koster, surgeon of the district, both confirming the situation of said Van As to be as stated in said memorial.

The Commission having taken into consideration the necessity of providing herein, found good to place Hendrik van As, senior, under curators, and nominate and appoint over his person and property the Burgher Hendrik van As, junior, the heemraad of the district, Tobias Bouer, and the district's clerk, Gerhardus Cornelis Denys, with such power and authority as all curators are entitled to according to law, under obligation of responsibility at the next ensuing session of the Commission.

The public to be informed hereof by publishing and affixing the necessary notice of the same.

Wednesday, the 30th October 1811.

Agreeably to the 66th art. of the proclamation of the 16th May last, the Commission examined all the notarial acts executed in the Secretary's Office of the Drostdy of Swellendam during the last five years, and found all the same duly in order and signed by the notary and witnesses.

The number of the different acts being as follows: