1845 Proclamation: Enregisterment of land of the Settlers of 1820

From the Supplement to The Graham's Town Journal, March 27th 1845
Transcribed from the original at the National Archives in London (CO53/15) by Sue Mackay

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PROCLAMATION

by His Excellency Lieut.General Sir Peregrine MAITLAND, Knight Commander of the Most Honourable Military Order of the Bath, of the Royal Military Order of William of the Netherlands, and of the Imperial Order of St.Waldimir of Russia, Colonel of Her Majesty's 17th Regiment of Foot, Governor and Commander in Chief of Her Majesty's Castle, Town and Settlement of the Cape of Good Hope in South Africa, and of the Territories and Dependencies thereof, and Ordinary and Vice Admiral of the same, Commanding the Forces &c &c. Whereas it is enacted by Ordinance No.15 1844, bearing date the 28th day of August, and entitled "An Ordinance to provide for the enregisterment in the Land Register of the Colony of certain Sub-divisions of the Locations and Extensions of the Settlers of 1820" that it shall and may be lawful for the Governor of this Colony to publish by Proclamation in the Government Gazette and in some one or more of such newspapers as shall be published in Graham's Town, the names of such persons as shall, after due investigation, be recommended by the Board of Commissioners for Lands as the persons entitled to receive Grants of the aforesaid Sub-divisions of the Locations, together with a description of the said Sub-divisions, and also the particulars of all such Grants or original Locations and other Lands as it may be necessary to cancel, by reasons of portions thereof being included in such aforesaid Subdivisions, and thereupon to proclaim that unless objections showing cause to the contrary be lodged in writing at the office of the Secretary to Government in Cape Town, within six weeks from the day on which such Proclamations shall last be published, the Title Deeds therein mentioned will be cancelled, and the Subdivisions aforesaid granted accordingly.

And whereas the said Board of Commissioners for Lands have recommended the following parties as the persons entitled to receive Grants of the Subdivisions undermentioned, respectively, viz.:
In Hezekiah SEPHTON's or the Salem Party The present and future proprietors of locations in the Salem party, 5365 morgen and 555 roods, as common pasture land in the several shares to be mentioned in the title deeds of the said locations or subdivisions respectively.
And whereas the said Board of Commissioners for Lands have reported that it is necessary to cancel the undermentioned Title Deeds by reason of portions thereof being included in the aforesaid subdivisions in Salem party, viz:
And whereas the said Board of Commissioners for Lands have recommended the following parties as the persons entitled to receive grants of the subdivisions undermentioned, respectively, viz:
In GARDNER's Party And whereas the said Board of Commissioners for Lands have reported that it is necessary to cancel the undermentioned Title Deeds by reason of portions thereof being included in the aforesaid subdivisions in GARDNER's party, viz:
And whereas the said Board of Commissioners for Lands have recommended the following parties as the persons entitled to receive grants of the subdivisions undermentioned, respectively, viz:
In Riet Fontein Party And the following lots surveyed for William LEE, and sold to him by the said C. PENNY, viz: The present and future proprietors of locations in the Riet Fontein party, 1921 morgen and 145 roods, as common pasture land in the several shares to be mentioned in the title deeds of the said locations or homesteads respectively.

And whereas the said Board of Commissioners for Lands have recommended the following parties as the persons entitled to receive grants of the subdivisions undermentioned, respectively, viz:
In MOUNCEY's Party And whereas the said Board of Commissioners for Lands have reported that it is necessary to cancel the undermentioned title deed by reason of portions thereof being included in the aforesaid subdivisions in MOUNCEY's party, viz:
And whereas the said Board of Commissioners for Lands have recommended the following parties as the persons entitled to receive grants of the subdivisions undermentioned, respectively, viz:
In the Nottingham Party And whereas the said Board of Commissioners for Lands have reported that it is necessary to cancel the undermentioned title deed by reason of portions thereof being included in the aforesaid subdivisions in the Nottingham party, viz:

And whereas the said Board of Commissioners for Lands have recommended the following parties as the persons entitled to receive grants of the subdivisions undermentioned, respectively, viz:
In LIVERSAGE's Party And whereas the said Board of Commissioners for Lands have reported that it is necessary to cancel the undermentioned Title Deed by reason of portions thereof being included in the aforesaid subdivisions in LIVERSAGE's party, namely:
And whereas the said Board of Commissioners for Lands have recommended the following parties as the persons entitled to receive grants of the subdivisions undermentioned, respectively, viz:
In SOUTHEY's Party And whereas the said Board of Commissioners for Lands have reported that it is necessary to cancel the undermentioned Title Deed by reason of portions thereof being included in the aforesaid subdivisions in SOUTHEY's party, viz:

And whereas the said Board of Commissioners for Lands have recommended the following parties as the persons entitled to receive grants of the subdivisions undermentioned, respectively, viz:
In FORD's Party And whereas the said Board of Commissioners for Lands have reported that it is necessary to cancel the undermentioned Title Deed by reason of portions thereof being included in the aforesaid subdivisions in FORD's party, viz:


And whereas the said Board of Commissioners for Lands have recommended the following parties as the persons entitled to receive grants of the subdivisions undermentioned, respectively, viz:
In HYMAN's Party And whereas the said Board of Commissioners for Lands have reported that it is necessary to cancel the undermentioned Title Deed by reason of portions thereof being included in the aforesaid subdivisions in HYMAN's party, viz:
And whereas the said Board of Commissioners for Lands have recommended the following parties as the persons entitled to receive grants of the subdivisions undermentioned, respectively, viz:
In BRADSHAW's Party And whereas the said Board of Commissioners for Lands have reported that it is necessary to cancel the undermentioned Title Deed by reason of portions thereof being included in the aforesaid subdivisions in BRADSHAW's party, viz:

And whereas the said Board of Commissioners for Lands have recommended the following parties as the persons entitled to receive grants of the subdivisions undermentioned, respectively, viz:
In SCANLAN's Party And whereas the said Board of Commissioners for Lands have reported that it is necessary to cancel the undermentioned Title Deed by reason of portions thereof being included in the aforesaid subdivisions in SCANLAN's party, viz:

And whereas the said Board of Commissioners for Lands have recommended the following parties as the persons entitled to receive grants of the subdivisions undermentioned, respectively, viz:
In MENZIE's or SWEETMAN's Party And whereas the said Board of Commissioners for Lands have reported that it is necessary to cancel the undermentioned Title Deed by reason of portions thereof being included in the aforesaid subdivisions in MENZIES or SWEETMAN's party, viz:
And whereas the said Board of Commissioners for Lands have recommended the following parties as the persons entitled to receive grants of the subdivisions undermentioned, respectively, viz:
In MORGAN's Party And whereas the said Board of Commissioners for Lands have reported that it is necessary to cancel the undermentioned Title Deed by reason of portions thereof being included in the aforesaid subdivisions in MORGAN's party, viz:


And whereas the said Board of Commissioners for Lands have recommended the following parties as the persons entitled to receive grants of the subdivisions undermentioned, respectively, viz:
In HOWARD's Party And whereas the said Board of Commissioners for Lands have reported that it is necessary to cancel the undermentioned Title Deed by reason of portions thereof being included in the aforesaid subdivisions in HOWARD's party, viz:
And whereas notices showing cause against the Government Notice of the 29th August 1844, respecting unclaimed sub-divisions in WILSON's Party, so far as the said notice relates to the sub-divisions numbered 3rd and 4th, namely by William STANTON against No.3 and by the Master of the Supreme Court, and by W.CURRIE as agent for F. PHILLIPS, executor to the estate of the late Walter CURRIE, against No.4. And whereas the said notices have been referred to the Board of Commissioners for Lands, who have been thereby enabled to recommend the issue of title deeds of the said sub-divisions to the following parties respectively, viz:
In WILSON's Party
And whereas the following objections have been lodged against the recommendation of the Board of commissioners for Lands as published by proclamation on the 29th August 1844 and have been referred to the Board, Viz:


And whereas the Board of Commissioners for Lands have deemed it necessary to amend their previous recommendation in these cases, as follows, viz:

Now therefore by virtue of the powers invested in me as aforesaid I do hereby proclaim and make known that unless objections be lodged as aforesaid the said sub-divisions No.4 in CAWOOD's Party and No.5 in WILSON's Party will be issued in conformity with the amended recommendations of the Board of Commissioners for Lands.
GOD SAVE THE QUEEN!
Given under my Hand and the Public Seal of the Settlement at Cape Town this 6th day of March 1845
P. MAITLAND
By command of his Excellency the Governor

GOVERNMENT NOTICE 6th March 1845

Whereas an objection has been lodged in writing by Richard HAYHURST at the Office of the Secretary to the Government in Cape Town, in terms of the Ordinance No.15 1844, bearing the date the 28th day of August, and entitled "An Ordinance to provide for the enregisterment in the Land Register of the Colony of certain Sub-divisions of the Locations and Extensions of the Settlers of 1820" against the issue of titles to the several sub-divisions in CAWOOD's Party, as recommended by the Board of Commissioners for Lands, and published by Proclamation dated the 29th August 1844 : and whereas the said objection has been referred to said Board, and whereas the said Board have reported to His Excellency the Governor that they do not see cause to amend their previous recommendation, viz: that the following parties are the persons entitled to receive grants of the sub-divisions undermentioned respectively, viz:
In CAWOOD's Party, Kaffir Drift It is hereby notified and declared that the Title Deeds of the said sub-divisions will be issued in the manner recommended by the Board of Commissioners of Lands unless such issue shall be restrained by the Interdict of some competent Court or Judge, to be duly sued out, within three months of the date of this notice, and lodged, or a copy thereof lodged, in the Office of the Secretary to Government in Cape Town within the time prescribed in the 5th section of the said Ordinance No.15 1844. By His Excellency's Command
John MONTAGU
Secretary to Government