1031 commissioners a sufficient title to the use of and property in the No.4-1566-67. said land or materials aforesaid had been duly done and performed. Separate and dis 12. The commissioners shall keep or cause to be kept a separatet, accounts to be and distinct account of all moneys borrowed under this Act, and kept. of the expenditure of such moneys, and of all revenues arising from the water works contemplated by this Act, distinguishing sums received for private service pipes or private water courses from sums received from rates imposed, under the fourth section of this Act, upon the rateable property of the municipality, and of all moneys expended upon the construction and maintenance of the water works contemplated by this Act; and the said commis- Annual accounts to be deposited in any civil commissioner's sioners shall yearly, and every year, as long as any part of debt contracted under the authority of this Act shall be in existence, prepare and deposit in the office of the Civil Commissioner of Beaufort, for the inspection at all reasonable times, of any resident householder of the municipality, an account showing the particulars aforesaid, and giving any other information which the said commissioners shall deem it necessary or expedient to impart : Provided that every such account so to be prepared shall be made up to the thirty-first day of December in each year, and shall be deposited in the office of the Civil Commissioner not later than the first day of March of the year next succeeding. office. in obtaining Act may be paid out of 13. The necessary costs, charges, and expense of obtaining this Expenses incurred Act may be paid by the said commissioners out of the moneys borrowed, as aforesaid, from the Cape of Good Hope Savings loan. Bank Society. 14. This Act may be cited for all purposes as "The Town of Short title. Beaufort Water Act, 1866." SCHEDULE. We, the undersigned, commissioners of the municipality of Beaufort, do hereby acknowledge that the said commissioners, in their said. capacity, are indebted to the Cape of Good Hope Savings Bank sterling, for so much money borrowed Society in the sum of by the said commissioners, for the purposes set forth in "The Town of Beaufort Water Act, 1866," and certify that the said sum is and stands secured by the said Act, in manner and form as by the said Act provided. And we further covenant and engage, for and on behalf of the said commissioners, that the interest and principal of the said debt shall be payable and paid in manner following, that is to say: (Here insert, according to agreement, the rate of interest and times of payment thereof, and the date or dates or other conditions upon which the principal of the debt shall become payable). Given under our hands, at Beaufort, this day of 186-. A. B., Chairman of the Municipality. C. D., No. 8-1866-'67. No. 5-1866-'67.] [January 12, 1867. An Act for the Better Maintenance of Discipline among Persons under Sentence of Imprisonment with Hard Labour. [Repealed by Act 23, 1888.] No. 6-1866-'67.] [January 12, 1867. An Act for Applying a Sum not exceeding Four Hundred and Forty-seven Thousand and Fifty-five Pounds Thirteen Shillings and Ten Pence for the Service of the Year 1866. [Spent.] No. 7-1866-'67.] [January 12, 1867. An Act to Extend the Provisions of the Ordinance No. 5 of 1844 to Mules and Asses. [Repealed by Act 27, 1893.] No. 8-1866-'67.] ACT [January 12, 1867.. Preamble. verification of beacons extended. To Amend Act No. 7 of 1865, entitled "An Act to consolidate and amend the several Acts relating to the Adjustment of Disputed Land Boundaries, and to the Erection and Preservation of Land Beacons." WHEREAS it is expedient that the landowners of the division of King William's Town and East London should have an opportunity of availing themselves of certain temporary provisions of Act No. 7, 1865, whereby land beacons may be rendered indisputable, and that a further opportunity should be extended to the other landowners of this Colony: And whereas it is expedient that further provisions should be made for determining the boundaries of farms abutting on Crown lands, when there is reason to believe that the beacons purporting to define such boundaries encroach on such Crown lands: Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof: Period allowed for 1. That the eighty-eighth, eighty-ninth, ninety-second, one hundred and fourth, one hundred and fifth, one hundred and seventh, and one hundred and ninth sections of said Act shall be amended by inserting therein the year 1867 in lieu of the year 1866, wherever the said year 1866 is mentioned in any of the said sections, and the one hundred and ninth section shall be further No. 8-1866-’67. beacons have been or are being adjusted. amended by inserting therein the year 1868 in lieu of the year 1867 where the said year 1867 is mentioned in the said section. 2. Nothing in this Act contained shall be deemed to alter the law Exceptions where as now existing in respect of any beacons which shall have become indisputable before, or would become indisputable on the 31st day of December, 1866, or which now are or may then be in course of settlement, under any of the provisions of the said Act No. 7, 1865, or shall invalidate any act or proceeding already done under the said Act. person The word "person" 7, 1865, to include in section 108 of Act 3. For the purposes of the said Act No. 7 of 1865, the word " in the one hundred and eighth section of the said Act shall be held to include the Surveyor-General of the Colony in Surveyor-General. respect to any land the property of the Crown: Provided, always, Sections 92 and 110 that nothing herein shall be taken impliedly to repeal anything in the ninety-second or the one hundred and tenth section of the said Act contained. of said Act not affected of beacons where the 4. It shall be lawful for the said Surveyor-General, on behalf of Rectification the Crown, at any time, in cases in which the Crown is not bound Crown is not bound by virtue of the said Act, if he shall have reason to suspect that by Act 7 of 1865. the beacons of any farm encroach on any land the property of the Crown, to cause a notice to be served on the proprietor of such farm that such beacons are disputed, which notice may also define where such beacons ought to be erected, and require that such proprietor shall rectify the same, and also to lodge with the Divisional Council of the division within which such beacons are situate a like notice; and if such proprietor do not within three calendar months after the service of such notice rectify such beacons in manner required by such notice, if he shall have been so required, then, at the expiration of such three calendar months, or if he shall not have been so required, then forthwith, proceedings shall be taken in manner provided by the ninety-fourth section of the said Act No. 7 of 1865, in like manner as if a person whose beacons had been objected to had applied under the ninety-third section of the same Act requesting the council to have the correctness of such beacons investigated and determined under the said Act. 5. In every case in which the Surveyor-General, on behalf of the Crown, shall have required that the correctness of beacons disputed by him on behalf of the Crown should be investigated, and the same shall have been settled by a resurvey under the said Act or this Act, such settlement shall, under the provisions of the said Act, and subject to the conditions therein contained as to appeals, become and be binding on the Crown as well as on the person with whom such disputes shall have been settled, in like manner as if the Crown were a private proprietor of a farm abutting on the farm the beacons whereof shall have been so disputed as aforesaid, and such dispute had been settled under the said Act No. 7 of 1865. Settlement under survey binding up on Crown. 6. This Act may be cited for all purposes as the "Land Beacons Short title. Amendment Act, 1866." No. 9-1866-'67.] ACT [January 12, 1867. Preamble. For Raising the further Sum of Fifty Thousand Pounds for the Completion of the Breakwater and Docks in Table Bay. (1) WHEREAS by accounts and estimates framed up to the 31st May, 1866, printed by order of the Honourable the House of Assembly on the 1st of November, 1866, it appears that in addition to the sums already expended on the said 31st May, 1866, on the works now in progress for improving the harbour of Table Bay and constructing a breakwater therein, there will be required for the completion, to the extent described in the said estimate of the said works, sums of money amounting together to seventy-five thousand two hundred and thirty-one pounds sterling, and that there will be further required for the payment of the interest and other charges on sums already borrowed in respect of the said works and for maintaining in repair the works already constructed as part of or necessary for the said works, and for maintaining the establishment necessary to the proper use of the works so already constructed, during the period to elapse between the said 31st of May, 1866, and the 31st of December, 1867, sums amounting in the whole to twenty-one thousand six hundred and twenty-two pounds sterling And whereas to meet the said requirements, amounting in the whole to ninety-six thousand eight hundred and fifty-three pounds sterling, the Commissioners of Table Bay Harbour were, on the 1st of June, 1866, possessed of a sum of nineteen thousand seven hundred and thirty-nine pounds two shillings and six pence sterling, and expected in the period to elapse between the said 31st of May, 1866, and 31st of December, 1867, to receive further sums, amounting in the whole to thirty-two thousand and ten pounds sterling, making a total of fifty-one thousand seven hundred and forty-nine pounds two shillings and six pence sterling, leaving a balance to be provided for of a sum approaching fifty thousand pounds sterling: And whereas it is expected that on the 31st of December, 1867, the said works now in progress will be so completed, and the harbour and docks contemplated be available for purposes of trade: And whereas by an Act passed in the year 1858, and numbered 20, entitled "An Act for constructing a Breakwater to form a Harbour of Refuge in Table Bay and otherwise improving the said Harbour," and by a further Act passed in the year 1860, and numbered 6, being an Act to amend the said Act No. 20 of 1858, the Governor was authorised to take up upon debentures, or such other form of loan as he should consider preferable, sums not exceeding in the whole two hundred thousand See also Acts 17, 1888; 19, 1888; 22, 1889; 22, 1892; 20, 1893; 6, 1894. pounds sterling, in manner by the said Acts provided: And No. 10-1866-'67. whereas it is expedient that a further sum of fifty thousand pounds sterling should be in like manner taken up or raised, to enable the said works to be made so complete and available for the purposes of trade, and to maintain in the meantime such works as are already constructed and the establishment necessary for the proper use thereof, and to discharge the interest in the meantime becoming due on the moneys already raised as aforesaid: 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 thereof, as follows: Further loan of That it shall be lawful for the Government to raise, in manner provided by the said Acts No. 20 of 1858 and No. 6 of 1860 for £50,000 authorised. the purpose of so completing as aforesaid the said works and other purposes herein before mentioned, a sum not exceeding in the whole the sum of fifty thousand pounds sterling, in addition to the sum of two hundred thousand pounds sterling which under the said Acts he was empowered to raise for the purposes therein mentioned, in like manner, in all respects, as if the said additional sum of fifty thousand pounds sterling were part of the said sum of two hundred thousand pounds sterling. No. 10-1866-'67.] ACT [January 12, 1867 To Amend the Ordinance No. 4 of 1852, and nake WHEREAS it is desirable that the tolls or dues of wharfage and Preamble. 1. From and after the passing of this Act the dues set forth Rates in the Schedule to said Ordinance No. 4 of 1852, shall cease to be payable. payable, so far as the same are different from the dues set forth in the first Schedule hereunto annexed, and the dues set forth in the first Schedule hereunto annexed shall be payable in lieu thereof. of dues 2. The person by whom any goods, articles, matters, or things Person landing or chargeable according to the Schedule aforesaid upon the value shipping goods to thereof, shall be or be about to be landed or shipped in Kowie Customs officer the 1 See Acts 26, 1864 11, 1874. state to principal value thereof. |