No. 14-1868.

Statement of rates in arrear to be published annually.

Council may impose tolls.

Who exempt from tolls.

Treasurer to furnish books for inspection of auditors.

manner be entitled to recover from the tenant thereof the amount of any tenants' rate levied during the occupancy of such tenant, which such owner may have paid.

71. The council shall, once in every year, publish in one or more of the newspapers of the municipality a statement of every sum in arrear, and of the property in respect of which the same is

due.

72. It shall be lawful for the council, by any such municipal regulation as aforesaid, to impose such toll or dues as may be reasonable upon all persons making use of any road, bridge, or market place within the municipality, which the council is hereby empowered to make and maintain; and in case of the non-payment of such tolls or dues, to recover the same by legal process, or in such other manner as may by the municipal regulations be in that behalf provided.

73. No toll shall be payable by any officer or soldier, or member of any volunteer corps, being in proper staff or regimental or military uniform, dress or undress, and on duty, or by any judicial or civil officer, mail-carrier, or other Government servant, whilst travelling on public duty; and, further, that no more than one toll shall be payable in any one day, to be computed from twelve o'clock on one night until twelve o'clock on the next succeeding night, for or in respect of the same vehicle or animal.

74. The Treasurer of the said municipality shall, in books to be kept for that purpose, enter the accounts of all sums of money by him received and paid, and of the several matters in respect whereof such sums shall have been received and paid; all such accounts, with all vouchers and papers relating thereto, together with a full abstract or balance sheet thereof, shall yearly, at such times as the council shall appoint, be handed by him to the auditors, and to such members of the council as the Mayor shall name, for the balance purpose of being examined and audited; and such abstract or sheet to be published balance sheet, when found correct, shall be signed by the auditors, and shall be forthwith published by the Treasurer in one or more of the newspapers published within the municipality.

Annual

How notices to be published.

How fines and pe

cuted for.

75. Every notice calling a public meeting of the ratepayers, and every notice or other document or thing required by this Act to be published, shall be so published by causing a copy thereof to be inserted in one or more of the newspapers of the municipality, and a copy of the same shall also be affixed in some conspicuous place upon or near the Town-hall.

76. All fines or penalties imposed by this Act, or by any muninalties to be prose- cipal regulations made by virtue thereof, shall be prosecuted for in any competent Court by the council, by the name of "The Municipal Council of Port Elizabeth," and shall, when recovered, be paid to the Treasurer of the municipality for municipal purposes: Provided that no such prosecution as aforesaid shall be commenced.

later than three months from and after the date of the act or omission upon which such prosecution shall be grounded.

No. 14--1868.

der, &c.

77. That the storing of gunpowder, or other explosive material, Storing of gunpow shall not be permitted, except in such places as may be approved of and licensed by the Town Council for that purpose.

burial-grounds.

78. That so soon as any burial-ground within the limits of the Council may closes municipality, or portion thereof, shall become so crowded as to be, in the opinion of two-thirds of the council, dangerous to the public health, the council shall be empowered to give six months' notice that burials therein shall cease, and that, after the expiration of the said term of six months, any person or persons causing any interment to be made therein, shall be liable to pay a fine not exceeding fifty pounds, to be recovered in any competent Court.

existing contracts,

79. All lawful contracts, engagements, debts and demands Effect of Act upon. whatsoever, by or against the council in existence at the time of agreements, &c. the taking effect of this Act, shall, upon and from and after the 1st day of January, 1869, be taken and judged of, and be of the same force and effect for or against the council created by this Act, as if such council had been elected under the Act aforesaid, No. 31 of 1860.

cillors substituted

missioners in man

Grey Institute.

80. For the purpose of the second section of the Act No. 5, 1856, Mayor and counentitled "An Act for regulating the Provincial Hospital for Port for municipal comElizabeth," and of the second section of the Act No. 6, 1856, agement of Provin entitled "An Act for regulating the Public Schools of Port cial Hospital and Elizabeth upon the Grey Foundation," and of any other former Act or Ordinance by which any office, duty, power, or function has been conferred or imposed upon the municipal commissioners of Port Elizabeth for the time being, the Mayor and councillors created by the Act aforesaid, No. 31 of 1860, and after their retirement from office, then the Mayor and councillors created by this Act, shall be deemed and taken to be the persons meant and intended, precisely as if the words "Mayor and councillors" were, in the said Acts, substituted for the word "commissioners."

No. 15-1868.]

ACT

[Sept. 2, 1868.

For the Encouragement of the Breeding of Horses.

WHEREAS by two several deeds, bearing date, respectively, the Preamble 24th day of February, 1863, and the 30th day of November of the same year, the Lieut-Governor of British Kaffraria did grant in freehold to the trustees of the King William's Town Grand Stand and Race-course Company two pieces of land, on certain conditions and for certain purposes: And whereas by a certain other deed, bearing date the 6th day of January, 1866, the Governor's Deputy

No. 15--1868.

Governor may unler certain condi

lands to the King

Stock and Produce
Company.

of British Kaffraria did grant in freehold to the trustees of the King William's Town Stud Farm Company a certain other piece of land, on certain other conditions, and for certain other purposes: And whereas it appears that the objects of the said grants can be better attained by the transfer, with the consent of the herein before mentioned companies, of the said lands to other parties: 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:

be

1. It shall be lawful for the Governor, provided that the trustees tions, grant certain and shareholders in the existing companies consent thereto, to William's Town grant in freehold the three pieces of land in the preamble to this Act mentioned to the trustees of the King William's Town Stock and Produce Company (Limited), on the following conditions, that is to say: So much of the two pieces of land first herein before mentioned as has heretofore been used as a public race-course shall open to the public for use in like manner for such and so many days, not exceeding thirty days, in each year, as the Governor shall from time to time appoint: and the piece of land last hereinbefore mentioned shall be used for the purpose of breeding and rearing of horses; and on breach of any of the said conditions, the land to which the same shall apply with all buildings that may have been erected thereon, shall be forfeited to Her Majesty for the use of the Colony; but nothing herein contained shall be construed to prevent the said trustees from using the said lands, or any part of the same, for such purposes, in addition to the purposes hereinbefore mentioned, as may not be injurious to such last-mentioned purposes.

Previous grants cancelled on issue of such grant.

lease of land

Thomas River
Company.

on

to

2. When and so soon as the lands in the preceding section mentioned shall have been granted as aforesaid, the grants previously made by the Lieutenant-Governor and the Governor's Deputy of British Kaffraria of the same, respectively, shall be cancelled.

Governor may grant 3. It shall be lawful for the Governor, if he shall see fit, to grant to the said last-mentioned trustees a piece of land on the Thomas River, in the division of Queen's Town, not exceeding in extent five thousand acres, on a lease for the term of twenty-one years, and on condition of payment of an annual rent of twentyfive pounds sterling, for the purpose of enabling the said trustees to form and maintain a depot for the rearing of young horses; And on expiration and at the expiration of the said term of twenty-one years it shall be lawful for the Governor, if he shall see fit, to grant the said land to the said trustees, subject to such reasonable annual quitrent as he may see fit to impose, on payment by the said trustees of the sum of fifteen hundred pounds.

of lease may grant land on quitrent.

Land to revert to Crown if conditions

4. If, during the said term of twenty-one years, the land in the not complied with. preceding section mentioned shall cease to be used for the rearing of horses; or if, during the said term, the conditions of the lease

shall be violated; or if, at the expiration of the said term, the said trustees shall fail or refuse to pay the sum of fifteen hundred pounds, then, and in either such case, such land, together with any buildings that may have been erected thereon, and any improvements that may have been made of the same, shall revert to Her Majesty for the use of the Colony.

No. 16-1888.

No. 16-1868.]

ACT

[Sept. 2, 1868.

For Enabling the Consistory of the Dutch Reformed Church at Adelaide to transfer to the Commissioners of the Municipality of Adelaide certain Immovable Property, and for other purposes connected with such transfer.

WHEREAS His Honour Colonel John Hare, C.B. and K.H., the Preamble. then Lieut.-Governor of the Eastern Districts of the Colony, did, by grant bearing date the 31st of May, 1842, grant in freehold, to the officiating minister, elders and deacons of the Dutch Reformed Church at the Koonap River, a piece of land containing nine hundred and eighteen morgen and four hundred and five square roods, upon condition that the said land should be used exclusively for church purposes: And whereas His Excellency Sir George Grey, K.C.B., the then Governor of this Colony, did, by grant bearing date the 7th of June, 1856, grant in freehold to the churchwardens of the Dutch Reformed Church at Glen Lynden, three pieces of land, measuring together three thousand three hundred and eighty-six morgen and three hundred square roods, subject to a certain right of commonage, in the said lastmentioned grant set forth, in favour of the two congregations or worshipping societies in the said grant described: And whereas the grantees in the aforesaid grants mentioned, though therein differently designated, were and are the same body, which body is now called and known as the Consistory of the Dutch Reformed Church in Adelaide: And whereas the village of Adelaide, from which the Dutch Reformed Church formerly known as that at the Koonap River, and more recently as that at Glen Lynden, takes its name, was established upon part of the lands aforesaid, and in the year 1861 created a municipality: And whereas, on the 8th of February, 1862, the consistory aforesaid, by the name of the minister, elders, and deacons of the Dutch Reformed Church in Adelaide, entered into an agreement with the commissioners of the municipality of Adelaide, whereby the said consistory agreed to transfer to the said municipality the rest, residue, or remainder of the church lands vested in the said consistory by the respective

No. 16--1868.

Consistory to transfer certain lands to commissioners municipality.

grants aforesaid upon certain conditions and stipulations in the said agreement mentioned, as by the said agreement, of which a copy is set forth in the schedule to this Act, reference being thereunto had, will appear: And whereas doubts exist whether the said agreement can be carried out without the authority of Parliament: And whereas it is expedient to grant such authority, and also to provide that the transfer to be passed by the consistory aforesaid to the municipal commissioners aforesaid, not being a transfer in pursuance of a sale or exchange, but merely a transfer from one set of trustees for public purposes to another set of trustees for public purposes, should not be chargeable with transfer duty 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, as follows:

1. It shall and may be lawful for the consistory for the time of being of the Dutch Reformed Church in Adelaide, and it is hereby empowered and required, to make transfer to the commissioners for the time being of the municipality of Adelaide of all and singular the erven and lands which, under and by virtue of the agreement in the schedule to this Act set forth, the said consistory And commissioners is to transfer to the said commissioners, and lawful, also, for the commissioners for the time being of the said municipality, and they are hereby required, to re-transfer to the consistory aforesaid for the time being all such lands as, under and by virtue of the said agreement, the said commissioners are to re-transfer to the Unless otherwise said consistory: Provided that it shall be lawful for the said

to re-transfer to consistory.

agreed upon.

Who to execute power of attorney to effect transfer.

Consistory competent to give transfer.

Transfer duty not chargeable.

consistory, in case the said consistory and the said commissioners shall so agree, to reserve from and out of the transfer to be passed by the said consistory the lands lastmentioned in the said agreement, or any of them, instead of first transferring the same and afterwards obtaining re-transfer thereof.

2. Any power of attorney or other instrument required for the passing of transfer from the consistory aforesaid to the commissioners aforesaid shall be signed on behalf of the consistory by the officiating minister for the time being of the church aforesaid, together with two other members for the time being of the said consistory: and any power of attorney or other instrument required for the passing of transfer from the commissioners aforesaid to the consistory aforesaid shall be signed on behalf of such commissioners by two of the commissioners for the time being, certified by the Resident Magistrate of the district of Fort Beaufort to be such commissioners.

3. The consistory for the time being of the Dutch Reformed Church in Adelaide shall be competent, by that name, to transfer the land hereby authorised to be transferred, notwithstanding that the grants aforesaid were made to such consistory by other names or designations.

4. No transfer made under the authority of this Act by the