roll in existence at the time of the taking effect of this Act shall be deemed and taken to have been framed under this Act, and that all municipal rates assessed before the taking effect of this Act, and then due and in arrear, shall be deemed and taken to Act. have been assessed under this Act. No. 14-1868. Existing assess ment roll to be taken as framed under this 9. The following persons shall be disqualified from voting at Who disqualified any such election: Persons who have been convicted of treason, murder, rape, theft, fraud, perjury, or forgery, and who shall not have from voting. ted councillor. 10. No person shall be eligible to be elected a councillor for Who may be elec any ward who has not been a rated owner or occupier of immovable property within the municipality for not less than twelve months next before the election, or who is the owner or occupier of any such property in regard to which any municipal rate shall, at the time of the commencement of such election, be due and in arrear: Provided that different premises or properties owned or occupied in immediate succession shall satisfy this section as fully as if they had been one and the same premises or properties. Who shall be 11. No person shall be deemed a candidate at any election, nor qualified to be elected a councillor for any ward, unless he shall deemed a candidate. have been invited to become such candidate by a requisition, signed by at least three qualified voters of such ward, and shall have transmitted such requisition, with his acceptance thereof, addressed to the Town Clerk, and delivered at his office between the hours of ten a.m. and three p.m., at least fourteen days before such election is appointed to take place. 12. The Town Clerk shall, at least ten days before the day Names of candiappointed for the election in each ward, cause the names of the dates to be published candidates for election thereat, together with the names of the persons who have signed such requisition, to be published in manner hereinafter in the seventy-fifth section mentioned. Annual election of councillors. How poll to be 13. On the second Tuesday in the month of December in every year an election shall take place for councillors for the said municipality. 14. The poll in every ward shall be taken by some person to be appointed for that purpose by the Mayor, or, in case of his absence taken. from the town of Port Elizabeth, by the Town Clerk: Provided When poll shall that as often as the number of candidates nominated for any ward not be necessary. shall not exceed the number of councillors to be elected for such ward, no poll shall be necessary for such ward, but the candidates or candidate so nominated shall be deemed and taken to be duly elected: Provided, also, that the Mayor or Town Clerk, as the case may be, shall be the returning officer of the said municipality. turning officer. 15. Every candidate may, if he think fit, appoint a scrutineer to see that the votes are fairly taken and recorded. 16. The election shall take place in the following manner: Every ratepayer qualified as aforesaid may vote for any candidate for his ward, not being more than the number to be elected for the Mayor or town clerk to act as re Candidate may appoint scrutineer. Mode of election. No. 14-1868. Polling officer to receive and register votes. Duration of poll. Certain questions may be put to voter. Penalty for false answers. ward, by delivering to the polling officer a voting paper, containing the christian and surname of the candidate or candidates, and signed by the person voting, or by the polling officer at his request, and stating his place of abode and description. 17. The polling officer shall receive such voting paper, and shall register each vote. 18. The poll shall commence at ten o'clock in the forenoon, and shall finally close at two o'clock in the afternoon of the same day. 19. No enquiry shall, at any election, be permitted to be made as to the right of any person to vote, except as follows,-that is to say the polling officer may, of himself, or at the request of any qualified householder, put to any voter the following questions, or either of them, and no other: 1st. Are you the person whose name appears as "A. B." to the voting paper now delivered in by you? 2nd. Has the last municipal rate assessed upon the immovable property now occupied or now owned by you been paid? 20. If any person shall wilfully make a false answer to either of these questions he shall be liable to a penalty not exceeding ten pounds, to be recovered in the Court of the Resident Magistrate. Returning officer 21. At the close of the election, the returning officer shall ascertain the number of votes given for each candidate; and so many candidates, being equal to the number to be chosen, as shall have the greatest number of votes shall be declared by the returning officer to be duly elected. to declare result of election. transmit voting pa pers clarecandidates elec Pulling officer to 22. The polling officer shall then transmit in a sealed envelope to returning the voting papers given for each candidate to the returning officer, Oficer, who shall de- who shall ascertain the number of the votes given for each Names of candi- candidate, and so many candidates, being equal to the number to dates elected, with be chosen, as shall have the greatest number of votes shall be for which elected, to declared duly elected; and such returning officer shall forthwith ted. numbers of wards be published. When first-elected councillors to enter upon office. vacate office. are equal. cause a list thereof, with the numbers of the wards for which such persons are elected, to be published in manner hereinafter in the seventy-fifty section set forth. 23. At the first election of councillors under this Act, the ratepayers shall elect, in manner hereinbefore provided, three councillors for each ward, who shall enter upon their office on the 1st of January following. When and how to 24. Of the persons so elected as in the last preceding section mentioned, the councillor in each ward who shall have been elected by the smallest number of votes shall vacate his seat at the How when votes expiration of one year from the said 1st day of January and in case, by reason of any such councillors having been elected by an equal number of votes, it shall be uncertain which of them shall vacate his seat, the returning officer shall cause such question to be determined by lot, and the remaining councillors for each ward shall successively vacate their seats in like manner at the expiration of two and three years respectively; and upon the retirement from office of such councillors respectively, they shall be succeeded by councillors who shall be elected as herein before provided, so that at every yearly election after the first there shall be elected one councillor for each ward who shall enter upon his office on the 1st day of January next after his election, and continue therein for three years; and every retiring councillor shall be eligible for re-election. No. 14-1869. What to consti 25. If any councillor shall die, resign or become insolvent, or shall be absent without leave from the ordinary meetings of the tute vacancy. council for a period of three calendar months, his office shall be declared vacant, and another councillor shall be elected in his place and stead, in manner herein before provided, who shall hold office for the remainder of the term for which the councillor who has vacated office, and whom he shall succeed, would otherwise have remained in office. auditors. 26. On the first Wednesday in the month of January in every Council to appoint year, the council shall appoint from among the ratepayers two persons to be auditors of the municipality, who shall continue in office until the same day in the year following. 27. No person shall be eligible as an auditor who shall be a councillor, treasurer, clerk, or other officer of the municipality. Who disqualified from being auditor. How in case of va 28. If any auditor shall die, resign or be declared insolvent, or compound with his creditors, or assign his estate for the benefit of cancy. his creditors, another auditor shall be elected in his stead, on a day to be fixed by the Mayor. case of equality of votes at 29. In case of an equality of votes at any election of councillors, How in the returning officer shall determine by lot which of the persons election of councilfor whom an equal number of votes shall have been given shall be lor. elected, in case such persons cannot be both, or all of them, elected. for first year. 30. On the Thursday following the first general election under Election of mayor this Act, the councillors then elected under this Act, but none others, shall choose from among themselves, by a majority of votes, the Mayor of the municipality, who shall hold office for one year from the 1st day of January then next ensuing. in after years. 31. That on the Thursday following every subsequent yearly, How to be elected election, those of the councillors then in office who shall have to continue in office for the following year in terms of section twenty-four, together with the newly-elected councillors, but none others, shall choose from amongst themselves, by a majority of votes, the Mayor of the municipality for the following year; and every such Mayor shall enter upon his office on the 1st day of duration of office. January next after his election, and shall continue therein for one year, and shall during his year of office be exempt from serving on Commencement and any jury summoned for the division of Port Elizabeth: Provided How when votes that in case of an equality of votes at any election of Mayor, the are equal. question between the candidates so equal shall be determined by lot. No. 14-1868. 32. It shall be lawful for the Mayor to resign his office, Mayor may resign provided that he shall give to the council not less than one calendar month's notice of his intention so to do. office. When mayor shall be deemed to have vacated office. Officers of council not to be interested council. vention. of council in regard of municipality. 33. That if any Mayor shall die, or resign, or shall become. insolvent, or compound with his creditors, or assign his estate for the benefit of his creditors, or shall be absent from the municipality, without the permission of the council for one calendar month, or shall neglect to attend the meetings of the council for the period of three calendar months, without leave, such Mayor shall be held to have vacated office, and the council shall forthwith elect out of their own number a successor for the remainder of the year. 34. No person holding any office in the gift or disposal of the in any contract with Council shall, directly or indirectly, have any share or interest in any contract made by or with the council, otherwise than as a shareholder in any bank with which such council may transact business, or in any joint-stock company which shall contract with the council for the lighting or supplying with water, or insuring Penalty for contra- against fire, any property belonging to the said municipality; and any person contravening the provisions of this section shall, upon conviction, be liable to a penalty not exceeding fifty pounds. Powers and duties 35. The council shall have power and authority to do the to general purposes following acts: To make and keep in repair the roads, streets, dams, sewers, drains, and bridges within the limits of the munici pality, to excavate, construct, and lay watercourses, water-pipes, conduits, sluices, dams, reservoirs, aqueducts, and other works for supplying the municipality with water, and to keep the same in repair or to grant leave to any person or company of persons to lay down pipes or to execute any other like works; to take order for the prevention and extinguishment of fires, (1) and for that purpose to provide and keep fire-engines with pipes and utensils; to order, establish, alter, or remove markets, and to have or purchase any land, and to erect or purchase and keep in repair any building for the same; to assize weights and measures and appoint an officer for that purpose; to grant permits and licences, and to levy tolls and dues as hereinafter provided; to regulate the time and place for slaughtering cattle, and the state and condition of slaughter-houses, tanneries, and wool-washing establishments; to appoint one or more competent persons to examine meat, fish, and other provisions exposed for sale and who, in case such meat, fish, or other provisions be found unfit for food, shall be empowered to cause the same to be destroyed; to prevent and abate nuisances, and generally to devise and carry out all such measures as shall appear to be to the advantage and convenience of the municipality; to make regulations for the management of the common pasture lands of the municipality, and for fixing the number and description of cattle which each ratepayer shall be allowed to depasture. on such lands; to establish and provide for the management of 1 See also § 28, et seq. Act 8, 1881. No. 14-1868. penalties, &c., to be public pounds: Provided that no toll, due, or fee or charge for any permit or licence, or any punishment or penalty, shall be No toll, charges, imposed by reason of anything in this section contained, unless the imposed except under municipal regusame shall have been imposed by some such municipal regulation lation. as is in the next succeeding section mentioned. municipal regula 36. It shall be lawful for the council, at any meeting at which Council to frame two-thirds of the members shall be present, to frame, from time to tions. time, all such municipal regulations as may seem meet for the good rule and government of the municipality: Provided that all Existing regulamunicipal regulations in force in the municipality of Port Eliza- tions not affected. beth at the time of the taking effect of this Act shall be of the same force and effect as if they had been duly framed, approved, and published under this Act. 37. No municipal regulation shall be of force to subject any Regulations to be person to any fine, penalty, or payment until it shall have been, approved by Goverby the council submitted to the Governor, and shall have been Council and pubapproved of by him, with the advice of the Executive Council and published in the Government Gazette. lished. gulation sufficient 38. After any municipal regulation shall have been so published Publication of reas aforesaid, it shall not be necessary, in any proceeding founded proof of validity. upon it, to prove that two-thirds of the council were present at the meeting at which it was framed, nor shall any evidence be received to prove the contrary. travening regula tions limited. 39. It shall not be competent, by any municipal regulation, to Penalties for conpunish the contravention thereof in any higher or more severe manner than by a fine not exceeding five pounds: Provided that it shall be competent for any such municipal regulation to provide that if the person convicted of contravening the same shall not forthwith pay the fine imposed upon him, he shall be liable to be imprisoned, with or without hard labour, for any period prescribed by such regulation: Provided, moreover, that such period must not exceed three months. ted in existing coun Act. 40. All property which shall at the time of the taking effect of All property vesthis Act be vested in the council of Port Elizabeth, elected under cil, vested in council the Act aforesaid, No. 31, 1860, shall upon and from and after elected under this the 1st day of January, 1869, become and be vested in the council elected under this Act, upon the like trusts and purposes for which the same was originally granted or transferred. Council may sell lands with sanction of Governor. 41. The council elected under this Act may, with the consent of the Governor of this Colony, testified by any writing under the hand of the Colonial Secretary, sell by public sale any of the land or property in the last preceding section mentioned for any purpose of a municipal nature which the council shall deem desirable and the said Governor shall approve of: Provided that the said council Notice of intention shall, before applying to the said Governor for his consent, give nor's sanction to be public notice, in the manner hereinafter in the seventy-fifth section given. mentioned, of their intention to apply for such consent, in which notice so published shall be given a full and clear statement of the to apply for Gover |