Native Life in South Africa [27]
at any sale held by order of a competent court any land which was hypothecated by a mortgage bond passed before the commencement of this Act; or
(c) prohibiting the acquisition at any time of land or interests in land by devolution or succession on death, whether under a will or on intestacy; or
(d) preventing the due registration in the proper deeds office (whenever registration is necessary) of documents giving effect to any such agreement, transaction, devolution or succession as is in this section mentioned; or
(e) prohibiting any person from claiming, acquiring, or holding any such servitude as under Chapter VII, of the Irrigation and Conservation of Waters Act, 1912, he is specially entitled to claim, acquire, or hold; or
(f) in any way altering the law in force at the commencement of this Act relating to the acquisition of rights to minerals, precious or base metals or precious stones; or
(g) applying to land within the limits in which a municipal council, town council, town board, village management board, or health committee or other local authority exercises jurisdiction; or
(h) applying to land held at the commencement of the Act by any society carrying on, with the approval of the Governor-General, educational or missionary work amongst natives; or
(i) prohibiting the acquisition by natives from any person whatever of land or interests in land in any township lawfully established prior to the commencement of this Act, provided it is a condition of the acquisition that no land or interest in land in such township has at any time been or shall in future be, transferred except to a native or coloured person; or
(j) permitting the alienation of land or its diversion from the purposes for which it was set apart if, under section ONE HUNDRED AND FORTY-SEVEN of the South African Act, 1909, or any other law, such land could not be alienated or so diverted except under the authority of an Act of Parliament; or
(k) in any way modifying the provisions of any law whereby mortgages of or charges over land may be created to secure advances out of public moneys for specific purposes mentioned in such law and the interest of such advances, or whereunder the mortgagee or person having the charge may enter and take possession of the land so mortgaged or charged except that in any sale of such land in accordance with such law the provisions of this Act shall be observed.
(2) Nothing in this Act contained which imposes restrictions upon the acquisition by any person of land or right thereto, interests therein, or servitudes thereover, shall be in force in the Province of the Cape of Good Hope, if and for so long as such person would, by such restrictions, be prevented from acquiring or holding a qualification whereunder he is or may become entitled to be registered as a voter at parliamentary elections in any electoral division in the said Province.
9. The Governor-General may make regulations for preventing the overcrowding of huts and other dwellings in the stadts, native villages and settlements and other places in which natives are congregated in areas not under the jurisdiction of any local authority, the sanitation of such places and for the maintenance of the health of the inhabitants thereof.
10. In this Act, unless inconsistent with the context, --
"scheduled native area" shall mean any area described in the Schedule to this Act;
"native" shall mean any person, male or female, who is a member of an aboriginal race or tribe of Africa; and shall further include any company or other body of persons, corporate or unincorporate, if the persons who have a controlling interest therein are natives;
"interest in land" shall include, in addition
(c) prohibiting the acquisition at any time of land or interests in land by devolution or succession on death, whether under a will or on intestacy; or
(d) preventing the due registration in the proper deeds office (whenever registration is necessary) of documents giving effect to any such agreement, transaction, devolution or succession as is in this section mentioned; or
(e) prohibiting any person from claiming, acquiring, or holding any such servitude as under Chapter VII, of the Irrigation and Conservation of Waters Act, 1912, he is specially entitled to claim, acquire, or hold; or
(f) in any way altering the law in force at the commencement of this Act relating to the acquisition of rights to minerals, precious or base metals or precious stones; or
(g) applying to land within the limits in which a municipal council, town council, town board, village management board, or health committee or other local authority exercises jurisdiction; or
(h) applying to land held at the commencement of the Act by any society carrying on, with the approval of the Governor-General, educational or missionary work amongst natives; or
(i) prohibiting the acquisition by natives from any person whatever of land or interests in land in any township lawfully established prior to the commencement of this Act, provided it is a condition of the acquisition that no land or interest in land in such township has at any time been or shall in future be, transferred except to a native or coloured person; or
(j) permitting the alienation of land or its diversion from the purposes for which it was set apart if, under section ONE HUNDRED AND FORTY-SEVEN of the South African Act, 1909, or any other law, such land could not be alienated or so diverted except under the authority of an Act of Parliament; or
(k) in any way modifying the provisions of any law whereby mortgages of or charges over land may be created to secure advances out of public moneys for specific purposes mentioned in such law and the interest of such advances, or whereunder the mortgagee or person having the charge may enter and take possession of the land so mortgaged or charged except that in any sale of such land in accordance with such law the provisions of this Act shall be observed.
(2) Nothing in this Act contained which imposes restrictions upon the acquisition by any person of land or right thereto, interests therein, or servitudes thereover, shall be in force in the Province of the Cape of Good Hope, if and for so long as such person would, by such restrictions, be prevented from acquiring or holding a qualification whereunder he is or may become entitled to be registered as a voter at parliamentary elections in any electoral division in the said Province.
9. The Governor-General may make regulations for preventing the overcrowding of huts and other dwellings in the stadts, native villages and settlements and other places in which natives are congregated in areas not under the jurisdiction of any local authority, the sanitation of such places and for the maintenance of the health of the inhabitants thereof.
10. In this Act, unless inconsistent with the context, --
"scheduled native area" shall mean any area described in the Schedule to this Act;
"native" shall mean any person, male or female, who is a member of an aboriginal race or tribe of Africa; and shall further include any company or other body of persons, corporate or unincorporate, if the persons who have a controlling interest therein are natives;
"interest in land" shall include, in addition