No. 13-1865. administration of Parliament. liament. alteration or recission thereof, which may from time to time No rules for the become expedient, shall be proclaimed by the Governor, or shall money to have effect take effect until such rule or regulation, or the alteration or before assented to by rescission thereof, as the case may be, shall have been assented to by both Houses of Parliament by a resolution of each House: School Regula- Provided, also, that the "School Regulations" contained in the tions" declared rules Schedule to this Act shall be, and the same are hereby declared to be, the rules and regulations touching public education for the time being, subject to alteration or rescission in the manner Annual report to hereinbefore set forth: Provided, always, that an Annual Report be submitted to Par- in detail of the existing allocation of such sums of money, specifying, as to teachers, whether they act or are employed as clergymen or preachers in any church or congregation in the Colony, or are in the receipt of any salary or allowance from the public revenues, shall be prepared by the Superintendent-General of Education, and shall each year be laid before Parliament within Payments on ac- one month of the opening of its Session: Provided, further, that partment, how to be none of the payments authorised by that part of the said school regulations headed "Order C-Border Department, Aborigines,' shall be made except from and out of the sum reserved by the Schedule marked D to the Appropriation Ordinance annexed to the Order in Council of the 11th of March, 1853. count of Border De made. Slave Compensation and Bible and administered by Court. thereof. 2. The capital sums of the Slave Compensation Fund and of the School Funds to be fund in the hands of the Bible and School Commission, together Master of Supreme With such landed and other property as is now vested in the said Bible and School Commission, shall, within twelve months from and after the taking effect of this Act, be vested in the Master of the Supreme Court (in his capacity as administrator of the Disposal of interest Guardian's Fund), and the interest on the said funds, and the profits of the said property, shall be paid from time to time by the said Master to the Superintendent-General of Education, to be appropriated by him to the payment and training of pupil-teachers in mission schools established chiefly for the education of the poor, in accordance with such rules and regulations as aforesaid: Report of appro- Provided that a report, signed by the Superintendent-General of to be laid before Education, showing the objects to which such interests and profits shall have been applied during the past year, shall be annually laid before both Houses of Parliament. priation of interest Parliament. from moneys reserv Schools receiving aid 3. All institutions or schools supported or aided by or from the ed under Schedule D moneys reserved under Schedule Dof the Ordinance aforesaid shall subject to inspec- be subject to inspection by the Superintendent-General of Educa tion, &c. All aided schools tion or his deputy duly appointed by the Governor, and also to such rules and regulations in regard to such institutions or schools as may, from time to time, be contained in the rules and regulations for the time being touching public education, published by proclamation as aforesaid. 4. It shall and may be lawful for the Superintendent-General subject to inspection. of Education, and he is hereby authorised and empowered, to inspect, whenever the Governor shall deem it expedient for him so to do, all schools, colleges, and other educational establishments that receive grants-in-aid from and out of the general revenue of the Colony, whether established under special Act of Parliament or otherwise. No. 13-1865. for under Schedule 5. The Government schools now existing on the fixed establish- Schools provided ment of the Colony, and provided for from and out of the moneys A to be closed. reserved under Schedule A of the Ordinance aforesaid, shall respectively be closed upon the death, resignation, retirement, or removal from office of the present teachers in such schools respectively, or at such earlier period as circumstances shail permit. 6. The thirty-second section of the Act No. 5, (') 1855, entitled "An Act for creating Divisional Councils in this Colony," and the Act No. 14, 1858, entitled "An Act for the Creation of Educational Boards in the Field-cornetcies, Villages, and Towns of this Colony, on which the local Regulations of each shall be founded," are hereby repealed. Section 32 of Act 5 of 1855 and Act 14 of 1858 repealed. 7. This Act may be cited for all purposes as "The Education Short title. Act, 1865." SCHEDULE. [This Schedule has been amended under § 1 of this Act and is therefore not printed. The amendments made from time to time are shown in a Manual issued annually by the SuperintendentGeneral of Education.] No. 14-1865.] [October 10, 1865. An Act for authorising certain expenditure not provided for by Parliament in the year 1864. [Spent.] No. 15-1865.] ACT [October 10, 1865. To Authorise the Cape Copper Mining Company (Limited) to construct a Tramway or Railway between Hondeklip Bay and Riethuis. (2) WHEREAS it is desirable and expedient that greater facilities Preamble. should be afforded for the transport of minerals from the mines in Namaqualand to the Port of Hondeklip Bay, and also for the transport of passengers, goods, merchandize, and other articles to and from the said Bay: And whereas such facilities would be greatly promoted and the resources of the country developed by 1 Repealed by Act 4, 1865. * See Acts 4, 1869; 3, 1871; 24, 1873. No. 15-1865. Cape Copper Mining Company em tramway or railway plan. the construction of a tramway or railway between the said Bay and Riethuis: And whereas the Cape Copper Mining Company (Limited), duly registered and having a subscribed capital of one hundred and fifty thousand pounds sterling, is willing to undertake the construction and working of the said tramway or railway, upon being empowered for that purpose in manner hereinafter mentioned and provided: Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly, as follows: 1. The Cape Copper Mining Company (Limited), whereof powered to construct William Bevan, Esquire, Pieter Gerhard van der Byl, Esquire, according to certain Osgood Hanbury, Esquire, junior, Edward Jenner Jerram, Esquire,. William Keats, Esquire, John King, Esquire, Edmund Alfred Pontifex, Esquire, John Taylor, Esquire, and Richard Taylor, Esquire, are directors, shall be and they are hereby authorised, and empowered to construct and work a tramway or railway between Hondeklip Bay and Riethuis aforesaid, as shown by the plans duly lodged with the Clerk of the House of Assembly, save and except so far as the said plans may be inconsistent with any of the provisions of this Act. Powers granted to company to enter for purposes of excavation, &c. such excavation, &c., may be carried on. proprietors or lessees enter 2. It shall and may be lawful for the directors of the said comupon adjoining lands pany or their representatives, and they are hereby authorised, to upon and take possession of all such lands within the limits of deviation, and also to dig for, excavate, and carry away, all such materials within or near to the said limits as may be required for the construction and maintaining of the said tramway or railExtent to which way: Provided that the extent of land taken for the said tramway or railway shall not exceed the width of fifty feet, with sufficient additional width for slopes, drainage, stations, stopping-places, approach-roads, and all other works, matters, and things which may be requisite or necessary for the efficient construction and Compensation to working of the said tramway or railway: Provided that the proprietor or proprietors of, or person or persons holding by lease from the Crown, the lands so taken possession of and of the materials so carried away and used shall be paid by the said directors the just value, by way of recompense or compensation for such land or materials, or for any damage which may be done by Disputes regarding reason thereof: Provided, also, that in the event of the directors of the said company and any such proprietor or proprietors or the person or persons claiming compensation not being able to agree upon the sum to be paid by the said directors and accepted by such proprietor or proprietors or person or persons claiming compensation, then the said directors shall cause to be served upon such proprietor or proprietors or person or persons claiming compensation a written notice offering as recompense or compensation whatever sum of money they shall deem sufficient, and requiring such proprieter or proprietors or person or persons claiming compensation to state in writing to the said directors or their representative, or to some person compensation, how to be settled. upon No. 15-1885. tration. Award to be made a rule of court. by them appointed in this Colony, within a certain limited time to be specified in the said notice, whether he or they is or are willing to accept the sum therein mentioned or not; and in case he or they shall refuse to accept the sum offered, or shall neglect to reply to the said notice, then the said directors or their representatives shall by another notice in writing, call upon such proprietor or proprietors or person or persons, claiming compensation to refer to arbitration the amount of recompense or compensation to be paid to him or them by the said directors, and for that purpose to transmit to their representative in Cape Town, within a certain reasonable time to be specified in the said last mentioned notice, the name of some person whom he or they shall select to be an arbitrator such arbitration; and the said directors or their Mode of proceedsaid representative, upon receiving the name of the person so ing in case of arbiselected, shall nominate a second arbitrator, and the said arbitrators shall choose a third arbitrator, and the said directors or their representative shall cause a deed of submission to be prepared, which shall be signed by the agent, general manager, or representative of the said company in this Colony, and by the said proprietor or proprietors or person or persons claiming such recompense or compensation as aforesaid, and which deed shall clearly set forth the matter to be determined by the said arbitrators. And the said arbitrators, or any two of them, shall be authorised to fix and determine the amount of compensation to be paid as aforesaid, according to what they shall conceive fair and reasonable; and the award of the said arbitrators, or any two of them, shall be made a rule or order of the Supreme Court, and shall be binding and conclusive, and may be pleaded in bar of any action or proceeding at law brought for or on account of the subject-matter; and in How where propriecase such proprietor or proprietors or person or persons as aforesaid for refuses or negclaiming compensation or recompense shall neglect or refuse to arbitration, &c. name some person to be such arbitrator as aforesaid, or to sign the said deed of submission, then it shall be lawful for the said directors or their agent or representative, and they or either of them are hereby authorised, to lodge in some joint-stock bank in Cape Town the sum of money offered by them as aforesaid for or on account and at the risk of such proprietor or proprietors or person or persons as aforesaid, who shall at all times be entitled to draw the same out of the said bank as his or their absolute property. And the said directors or their agent or representative, Lands regarding upon so lodging the said sum, shall be authorised and entitled to ton shall be petted take and use the land or materials in question as freely as if the by arbitration, or said sum had been agreed upon between the parties as the sum to absolute property of be paid, or had been awarded by the arbitrators. And thereupon, or upon payment of any sum which may be awarded, or which may be agreed to be accepted as and for recompense or compensation as aforesaid, the said land shall be held and taken to be vested in the said company as fully, absolutely, and effectually as lects to proceed to which the compensa otherwise, to become company. No. 15-1865. if transfer and conveyance thereof had been duly passed by the respective proprietors thereof or parties interested therein, in favour of the said company, according to the law and custom of this Colony, or as if all acts by law required for vesting in the said company a sufficient title thereto had been duly done and performed; and the said materials shall be held and taken to be, and shall be, the free and absolute property of the said company: Costs of arbitra- Provided that the cost of the arbitration as aforesaid shall be in the discretion of the arbitrators. tion. gards land containing water. Exception as re- 3. Nothing in the last preceding section mentioned shall extend so as to entitle the said company to claim any land upon which there shall be any fountain or piece of water, being private property, or to use any water, being private property, without permission of the owner. Crown lands not otherwise appropria railway. 4. It shall and may be lawful for the said directors of the said ted may be used for company to enter upon and to take possession of so much of any purposes of tram or Crown lands not already appropriated or used as a public road or street as shall be required for the construction and maintaining of the said tramway or railway, or for any other purposes relating to the execution of this Act, and also to enter upon all Crown lands not previously leased by the Government to any lessee, and not previously appropriated or used as a public road or street lying convenient to the said tramway or railway, and there to dig for, excavate, and carry away all such stones, clay, or other materials as may be required or be serviceable for the construction and But not to estab- maintaining of the said tramway or railway: Provided that nothing lish servitude. Limits of line of tram or railway, its route and extent. in this Act contained shall establish any servitude in favour of the said directors or company for procuring materials for the said tramway or railway upon any land which may at any time hereafter be sold or leased by the Colonial Government to any purchaser or lessee thereof. 5. The said tramway or railway shall commence one hundred yards to the northward of the present existing jetty at Hondeklip Bay, and leave the said bay on the north side, crossing erf No. 7, of the village there; thence traversing waste Crown lands for a distance of about seven miles; thence crossing the north-west corner of Roode Laagte; thence taking the course of the Zwaartlintjes River, across De Riet, and continuing on the same line to a Variation allowed. terminal point at Riethuis: Provided, always, that it shall be lawful for the said company to deviate from and vary the said line, as shown by the said plans, to the extent of three hundred yards on each side. 6. At all places where the line of the said tramway or railway or any deviation thereof within the limits of deviation herein before provided, shall intersect or cross the line of any public street or road, it shall be lawful for the said directors to make and carry the said tramway or railway across such street or road, either by means of a level crossing or by a convenient and sufficient bridge |