Page:The constitution ("grondwet") of the South African Republic.djvu/38



WHEREAS it appears that notwithstanding that Article 31 of the Thirty-three Articles in the instructions to the Orphan -masters, and in several other Laws and Executive Council Resolutions, refer to the (Roman) Dutch Law, and yet constant doubt exists as to which (Roman) Dutch Laws are intended;

And whereas this doubt causes great loss to the Burgers, and trouble and uncertainty to the Judges: therefore the Volksraad of the South African Republic, on recommendation of the Executive Council, has deemed it advisable to lay down the following stipulations, which are hereby confirmed, for such a period, until other arrangements are made.

Article 1. The Law Book of Van der Linden remains the Law Book of the State, except where repugnant to the Constitution and other Laws or Resolutions.

Article 2. When said Law Book is not suflSciently clear about any matter, or said matter is not treated at all in said Book, then shall the use of the Law Book of Simon van Leeuwen and the Institutes of Hugo de Groot (Grotius) be obligatory.

Article 3. In using these Law Books, due regard must be paid to the limitations laid down in Article 31 of the Thirty-three Articles.

Article 4. This Law will come into force three months after publication.

Confirmed in the Volksraad Session of 19th September, 1859, Article 52, held at Pretoria.

(Signed), Chairman, (Signed), Secretary,