No. 14-1866-'67.] AN ACT [January 12, 1867. To Amend Ordinance No. 2 of 1853, relative to the Issuing of Licences and Permits for the Purchase of Gunpowder, Firearms, and Lead, and to extend the operation of Section 2 of the Act No. 14 of 1857. WHEREAS it is provided by Ordinance No. 2 of 1853 that no Justice of the Peace being or residing within twelve miles of the seat of magistracy shall grant a licence or permit for the purchase of gunpowder, firearms, or lead: And whereas the said restriction has been found to act prejudicially and inconveniently to the public interest: And whereas it is desirable to bring the districts of King William's Town and East London within the provisions of section 2 of the Act No. 14 of 1857: 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: Preamble. 1. So much of Ordinance No. 2 of 1853, or of Act No. 14 of Repugnant laws re1857, or any subsequent Act, as shall be repugnant to or inconsis- pealed. tent with this Act shall be, and the same is hereby, repealed. 2. It shall be lawful for every Justice of the Peace, not being a Justice of the peace dealer in gunpowder, firearms, or lead, from and after the taking may grant permit. effect of this Act, to grant a licence or permit for the purchase of gunpowder, firearms, or lead to any fit and proper person applying for such licence or permit. 3. Every permit or licence for the purchase of gunpowder, Form of permit. firearms, or lead shall be in the form provided by the said Ordinance, No. 2 of 1853, in that behalf. of lead, &c., specified London. 4. From and after the taking effect of this Act, the restrictions Restrictions on sale which were placed on the dealing in lead and other articles by in Act 14 of 1857, certain Ordinances and Acts mentioned in Act No. 14 of 1857, and extended to divisions of King William's by the second section of the last-mentioned Act restricted to the Town and East districts therein enumerated, shall, as amended by this Act, extend and apply to the divisions of King William's Town and East London, as if the said two divisions had been included within the operation of the said Ordinance and Acts, and had been expressly named in the said second section of the said Act No. 14 of 1857 as divisions in which the dealings in lead and the said other articles were thereby restricted. No. 1-1867.] [July 25, 1867. An Act to Amend the Act No. 1 of 1861, entitled "Act for the creation of a Municipal Board for the City of Cape Town." [Repealed by Act 44, 1882.] TTT No. 2-1867.] [August 16, 1867. AN ACT Preatable. Section 1 of Act 14 of 1861 repealed. in office. years' service and upwards. Pensions fifteen years' service No pension claim To Amend Act No. 14, 1861, to regulate the Retiring WHEREAS it is expedient that the provisions of Act No. 14 of The first clause of the Act No. 14 of 1861 is hereby repealed, Exception in re- save and except as regards the Judges of the Supreme Court now gard to judges now serving or in office, and the following substituted: Any person having served the office of Judge of the Supreme Court for the full period of ten years shall be entitled to retire from the said Pensions after ten office and to receive a pension, to be ascertained as follows: that is to say, if be shall have served such office for a period of ten years or upwards, he shall be entitled to a pension equal to one half of the salary which shall have been paid to him for the three after years immediately preceding his retirement; and if he shall have and upwards. served for the period of fifteen years or upwards, then to a pension able before the age equal to two-thirds of such salary as aforesaid: Provided, always, of sixty-five, unless that no such pension shall be paid to any Judge retiring before he shall have attained the age of sixty-five years, unless he shall be afflicted with some permanent infirmity disabling him from the Pension for service due execution of his office; and provided, further, that in case any person serving the office of Judge shall, before he shall have served for such full period of ten years, happen to be afflicted with any permanent infirmity disabling him from the due execution of his office, he shall be entitled to receive such pension. as the Governor for the time being shall, in the circumstances, consider to be reasonable, such pension not exceeding one-half of the salary which shall have been payable to him at the time at which he shall have ceased to be able to discharge the duties of his. office. disabled. under ten years may be granted. Preamble. No. 3-1867.] ACT [August 16, 1867. For enabling the Commissioners of the Municipality of WHEREAS the inhabitants of the Municipality of Uitenhage. have for some years past experienced great inconvenience in consequence of a deficient supply of water for the proper irrigation of the lands within the municipality: And whereas the present supply 1 See Act 14, 1890. of water is derived from a stream having its rise from a spring or springs lying between certain rugged hills situate within and forming part of the commonage lands of the Municipality of Uitenhage, in the neighbourhood of the farm Sandfontein: And whereas there is no reservoir in existence for the storage of the water aforesaid, which is conducted to and distributed in the town of Uitenhage from the said spring or springs by means of open sluits, and the waters conveyed in such sluits are constantly polluted by decayed vegetable and animal matter continuously accumulating therein: And whereas it will be very beneficial to the inhabitants that one or more reservoirs should be constructed and provided, and that the water should be conveyed to the town in an improved manner as hereinafter mentioned: And whereas, to enable the said commissioners to construct one or more reservoirs and otherwise improve the present water service for the said municipality, it is proposed that a special rate should be laid on all immovable property within the Municipality of Uitenhage, to be called the water rate: And whereas it is proposed that the said commissioners should be empowered to borrow money on the security of the intended water rate, to enable them to construct the intended works, but such objects cannot be obtained without the aid and authority of Parliament: 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 : No. 3-1867. Power to construct reservoirs, dams, &c. commonage lands. 1. The commissioners are hereby empowered to cause to be made, provided, and constructed in or upon any part of the commonage on lands, all such reservoirs, dams, watercourses, drains, and ditches as may be deemed necessary for the impounding of an adequate and proper supply of water for the said inhabitants for domestic, irrigating, and other purposes, and also to provide and lay down, And to lay down in or under any commonage land, street, or thoroughfare, any pipe and maintain water or pipes for the conveyance of water from such reservoir or reservoirs to and throughout the township for the supply of the inhabitants, and from time to time to maintain and keep such reservoir or reservoirs, dams, watercourses, ditches, and pipes in repair. pipes. fountains to be erected. 2. The commissioners shall erect within the township public Public fountains for the gratuitous supply of water, with suitable drinking troughs for the convenient use of horses, cattle, sheep, and other animals, and shall from time to time maintain and keep in repair such fountains and troughs. The number and situations of such fountains and troughs shall from time to time be determined by the commissioners. tled to private water leading. 3. Every ratepayer shall be entitled at his own expense to have Ratepayers entia private service pipe laid on to the main or branch pipe for the supply of water for domestic, irrigating, or other purposes, on payment of such special or extra rate as the commissioners may No. 1867. Tariff of charges for private water think fair and reasonable, such special or extra rate to become due and payable in advance. 4. The commissioners shall determine and publish the tariff by leadings to be pub- which the supply of water by private water-leadings shall be regulated, and the payment for all private water-leadings shall be in accordance with such tariff. lished. Plans, &c., of proposed works to be after notice given. How thereto may be lodged. 5. Before proceeding with the works herein before authorised, open to inspection the commissioners shall cause a plan, specification, and estimate of for twenty-one days such intended works to be placed in the Town-office in Uitenhage, for the inspection of the inhabitants, and shall cause a notice in the form number one in the schedule hereto to be given to the inhabitants as hereafter is directed. After the publication of such notice, the plans, specification, and estimate shall remain open for inspection in the Town-office aforesaid for the period of twenty-one days. objections Any ratepayer objecting to such plans, specification, or estimate, or to any inatter of detail therein, may at any time within the said period of twenty-one days leave with the secretary of the said commissioners a statement in writing, setting forth clearly and Plans, &c., to be concisely his objections to the same. On the expiration of the said period of twenty-one days, the plan, specification, and estimate, together with a duplicate of the notice given by the commissioners and all notices of objection lodged with the said secretary, shall be deposited in the office of the Colonial Secretary, for the purpose of being laid before the Governor for the time being, for his approval; and in the event of the Governor not dissenting from such plans within forty-two days from the time of their being so deposited, the commissioners may proceed with the contemplated works. submitted for Governor's approval. No commissioner to contract for or de work performed under this Act. travention. commissioner by rea 6. No commissioner shall be allowed either directly or indirectly rive profit from any to become a contractor or to tender for any contract, either in his name or in the name of or jointly with any other person, or in any manner to participate in any profit to be derived from any work to be performed for the said commissioners in pursuance of this Act, Penalty for con- on pain of forfeiture of all his interest in such contract for the benefit of the municipality; and any commissioner acting in contravention of this section shall also be considered to have vacated his office of commissioner ipso facto, and be ineligible to be elected Not to extend at any future period to serve as commissioner: Provided that no son of his being a commissioner shall be deemed or taken to have vacated his office or shareholder in any to have incurred any forfeiture whatever by reason merely that contracting for such the commissioners shall have entered into such contract or any other dealing or transaction with the directors or other managers of any joint-stock company of which such commissioner shall be a shareholder; nor shall any shareholder or person otherwise interested in any joint-stock company, with which company the commissioners shall have entered into any executed or still subsisting contract, dealing, or transaction, be deemed or taken to be ineligible to be elected or to act as a commissioner by reason merely of such contract, dealing or transaction. joint-stock company work. No. 3-1867. Commissioners to frame regulations for water rate. 7. It shall be lawful for the said commissioners, from time to time, to make regulations touching and concerning the terms and conditions upon which the inhabitants of the municipality may supply of water. obtain, by means of private service pipes or other channels or watercourses, a supply of water for domestic use, irrigation, or other purposes, and to impose, for the purpose of providing for And to impose the payment of the interest or principal, or interest and principal, of the moneys to be borrowed under this Act, special rates upon the immovable property situate within the municipality, and liable to be rated for municipal purposes; and every such rate so imposed by the said commissioners for the purposes of this Act shall be of the same force and effect, and be levied in like manner, as if it had been a rate imposed in accordance with the provisions of the Act No. 30 of 1877 as amended by Act No. 12 of 1883: () Provided Rate limited. that no such rate shall at any one time, or within any one calendar year, exceed one penny in the pound on the value of such immovable property as aforesaid. Loan may be rais. ed, not to exceed of loans for paying off existing mort 8. (2) The commissioners are hereby empowered, with the consent of the Governor, from time to time, subject to the proviso herein- £2,500, irrespective after contained, to borrow and take up at interest upon the security of the water rate any sum of money not exceeding in the aggregate gages. the principal sum of two thousand five hundred pounds, and to mortgage the rate for securing the repayment of such moneys: Provided that moneys borrowed for the purpose of paying off then existing mortgages shall not be deemed to form part of such two thousand five hundred pounds. chargeable on rates levied. 9. The sum aforesaid of two thousand five hundred pounds Lon sterling, or such lesser sum as shall be lent and advanced for the purpose aforesaid, to the commissioners aforesaid, shall be and is hereby charged upon and made payable out of all and singular the rates and revenues in the seventh section of this Act mentioned: Provided that it shall be lawful for the said commissioners to apply other funds also to the payment of the interest or principal, or interest and principal ment of loans of the said debt any funds or moneys coming to them from any interest. source whatever, and not specifically appropriated to or required for any other object: Provided, also, that nothing in this section Preceding or folcontained shall be construed so as to impair or affect the provisions affected. of the preceding or following sections of this Act. applicable to pay or lowing sections not of intention to apply 10. The commissioners, before applying to the Governor for his Notice to be given consent to borrow and take up at interest any such moneys as for Governor's sancmentioned in the eighth section, shall cause a notice in the form tion to raise loan. number two in the schedule hereto to be given as hereinafter is directed. Any ratepayer objecting to the raising of such money How objections shall, within the period of fourteen days from the publication of may be lodged. such notice, leave with the secretary of the commissioners a notice in writing, setting forth clearly and concisely the nature and 1 Printed as amended by Act 14, 1890, § 1. See Act 27, 1874. |