Herold v Berlin Mission Society [1912] ZATPD 120 (24 October 1912)

lrrigation -Water Court -Appeal-Practice-Act 27
of 1908, sec. 57 (2).-Supreme Court Rule 95.Magistrate's
Court Rule 33 -lrrigation.-Water Court.-Terms of reference.--Compliance with Act 27 of 1908, sec. 53.

An appeal from a decision of a water Court under sec.
57 (2) of A.ct 27 of 1908 must be prosecuted within a
reasonable time after such appeal has been noted
(WESSELS, J., dissentiente.)

Per WESSELS, J.: Such an appeal must be prosecuted within six weeks from the date of the judgment, but the Supreme Court may, on motion and on good cause being shown extend the time within which to prosecute
such appeal.

Where a Water Court constituted under sec. 53 of A.ct 27 of 1908 had certain specific questions referred to it
for decision, such Court is bound by the terms of the
reference and must decide such questions and none
others.