DROSTDY OF TULBAGH. Criminal. Friday, the 31st January 1812. The Commission hereupon having proceeded to comply with the 63rd, 64th, 65th, and 66th articles of the proclamation of the 16th May last, the landdrost with respect to the 63rd art. declared that the proclamation of the first November 1809 regarding the Hottentots was here properly observed as far as possible, and that during the preceding year not a single case of that nature occurred. Further agreeably to the 64th art. the landdrost produced the annotation book, kept by the under sheriff, of the confined and released slaves and Hottentots in the prison here, as well as of the domestic correction inflicted on them or not, of which the following took place during the year 1811: Hottentots released with domestic correction without any punishment 26 14 23 The prison being examined by the commission, it was found in every respect proper and clean, consisting in 4 apartments, Further having proceeded to comply with the 65th art. of the proclamation, the landdrost declared to have received report from all the fieldcornets of their respective wards that, agreeably to the 17th art. they had summoned a slave or Hottentot from each place, and acquainted them with the general object for which the Commission was about to assemble at the Drostdy, no other complaint in this respect having as yet been made to the Commission than what is contained in this record. Finally the Commission having proceeded to examine the acts of inquest agreeably to the 66th article of the proclamation, the landdrost of this district produced the following acts which had taken place during the preceding year 1811:— 2 3 24 Mar. 11 4 May 20 N.B.-This case is at present before the Court of Justice in Cape Town. 5 July 12 The slave Mentor supposed | The surgeon of this district 6 Aug. 23 to have hanged himself. The female slave Lena found in presence of landdrost and heemraden. The provisional field cornet of the district Goudinie and witnesses. N.B.-This case is at present before the Court of Justice in Cape Town. 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, and signed by the heemraden who took them and by the secretary. Civil. Monday, the 27th January 1812. Thereupon Hendrik van de Graaff, Esquire, landdrost of this district, verbally stated to the Commission that Jan Bernhard Hoffman, notary public in Cape Town, had on the 24th December last addressed a letter to him on behalf of the relations of two persons named Johanna and Francina, acquainting him that on the 16th June 1804 an act was executed before him the notary public and witnesses, by which Frederik Willem Kock transferred two female slaves named Johanna and Francina, natives of this Colony, to Pieter François le Clus, under the express conditions that said Le Clus should cause them to be instructed in the Christian Religion, baptized, confirmed, and emancipated, that he not only has not complied with those conditions, but also that there is even a report that he had this day sold the oldest of said girls, named Johanna, to one Nottier, residing at Graaff Reinet, and that with respect to the other said Le Clus had not taken any steps whatsoever towards fulfilling his engagement, the landdrost therefore requesting, exhibiting at the same time a copy of the transfer, that this court as upper guardians might be pleased to take the necessary steps herein. Whereupon it was found good, previous to coming to any final resolution, to summon said Le Clus together with Francina to appear before the Commission, in order to be examined on the subject. Same Day. Agreeably to appointment, Peter François le Clus appeared before the Commission, who being heard on the complaint of the landdrost respecting the persons Johanna and Francina, stated : That he has not as yet been enabled to comply with the conditions expressed in the transfer of the 16th June 1804, in consequence of its being so difficult to procure school masters, that he had not sold the first mentioned girl named Johanna, but that in consequence of her bad conduct he had placed her and her two children with one Pilliers residing at Graaff Reinet, who promised that he would have her instructed, that further with respect to the second girl, named Francina, she received instruction here in the village, and that for the rest he would endeavour to comply with the contract as speedily as possible. Hereupon Francina, being the youngest of the two sisters, appeared, stating to be now 19 years of age, that she was now and then instructed, but not always, that she could not yet read, but only spell, that her sister had had two bastards, and was gone some time ago with one Pilliers to Graaff Reinet, but that she however did not know that she had been sold by Le Clus. Whereupon the landdrost remarked that in this manner Le Clus might put off the fulfilment of the contract for many years to come, and probably also render all the conditions of the same, to the completion of which he was bound, illusory. Upon which having deliberated it was found good to nominate and appoint, as he is hereby nominated and appointed accordingly, Hendrik van de Graaff, Esquire, landdrost of this district, to be curator over the persons of Johanna and Francina more fully described above, with orders that in this capacity he should take the necessary measures for the conditions of the above-mentioned transfer of the 16th June 1804 being properly complied with. An extract hereof to be granted to said H. van de Graaff, landdrost, for his information and guidance. Appeared before the Commission Bernardus de Vaal, saying that he had a complaint to bring in, and requesting that he might be allowed to state his case. This having been agreed to by the Commission, said De Vaal began to read a note or memorandum, containing complaints regarding certain arrangements made by orders of His Excellency the Earl of Caledon with respect to his place Schalkenbosch Vlakte. But perceiving that there were several improper and offensive expressions in the same with respect to the landdrost of this district, the Commission prevented him from reading farther, and informed him if he has any complaints to bring in, the decision of which belonged to their competency, he should do it in proper and decent terms, but not make use of expressions which were vexatious and disrespectful with regard to the landdrost or any other magistrate; whereupon said De Vaal continued to state verbally: That agreeably to a Lease obtained from government, he occupied a loan place named Schalkenbosch Vlakte, that some years ago having a dispute with his neighbour Pieter François Theron Jacson, respecting a certain piece of ground, the same was amicably done away by a notarial contract approved of by landdrost and heemraden. That said Theron however had addressed himself to His Excellency the Earl of Caledon, and thereupon obtained a part of the loan land belonging to him De Vaal, which was on the said order of His Excellency to be accroached to the place of Theron. That conceiving Lord Caledon not to be sufficiently informed of this case, he immediately on his departure, which was shortly afterwards, addressed himself first to Lieut. Genl. Grey and then to His Excellency the present governor. That he received for answer that His Excellency did not revert to cases which had been decided by his predecessor, he De Vaal therefore requesting that by virtue of the proclamation of the 16th of May 1811, and in conformity to the 61st and 62nd articles of the same, the Commission should be pleased to take cognizance of the affair, so that he might be restored and maintained in his loan possessions. Upon which having deliberated it was resolved after mature consideration to declare that the complaints of Bernardus de Vaal regarding a resolution taken by the governor and commander in chief of this colony, with respect to loan places, does not fall under the terms of the proclamation of the 16th May 1811, and that therefore his request was declined, as the same is hereby declined accordingly. Tuesday, the 28th January 1812. The Commission agreeably to the 66th Art. of the proclamation of the 16th May 1811 examined all the notarial acts executed in the secretary's office since the establishment of this drostdy, which they found regularly in order and consisted in: Amounting together to 437 acts. Done at the aforesaid drostdies days and years as above. (Signed) In my presence. D. J. van RYNEVELD, Secretary. |