further, shall have the right of retaining such goods, merchandize, articles, or things, until the rates or charges due or payable for or in respect of the wharfage or carriage or conveyance thereof shall have been duly paid; and, further, on his or their failing to pay on demand such charges, it shall and may be lawful for the said company to sell by public auction at Port Nolloth such goods, merchandize, articles, or things, and out of the money arising from such tale to retain the charges payable as aforesaid, and all charges and expenses of such detention and sale, rendering the overplus, if any, and such goods as shall remain unsold, to the person entitled thereto Provided that fourteen days' notice of such sale shall have been previously given in the Government Gazette, and in any one or more newspapers published in Cape Town; and such notice shall be also affixed on some conspicuous part of the office of Customs at Port Nolloth. No. 4-1869. submitted for appro enjoy exclusive right 12. The said jetty shall be erected and constructed upon plans Plan of jetty to be to be previously submitted to and approved of by the Government. val of Government. Nothing in this Act contained shall be construed as conferring Company not to upon the said company any exclusive right to landing and shipping of landing or shipgoods or passengers at the jetty to be erected by them under the ping thereon. provisions of this Act, or to prevent the use by the public of all such portions of the beach at Port Nolloth as are not appropriated to the use of the said company by virtue of this Act, or the erection of a jetty or other works at such place or places on the said beach as shall be deemed expedient. Governor to regulate number of stop stations, &c. 13. The said company shall be bound and obliged to establish and permit to be used so many stations or stopping-places upon ping places, goods the said line of tramway or railway for taking up and setting down passengers, and for receiving and delivering goods, merchandize, minerals, or other articles to be conveyed upon the said tramway or railway and any portion thereof, as the Governor shall from time to time direct to be established for public use, or for the use of any passengers or any proprietors or lessees of mines or minerals requiring to use the said tramway or railway. And the said company shall at all times thereafter allow to the public, and to proprietors and lessees aforesaid, free and convenient way-leave and access to all such stations or stopping-places over all lands belonging to or in the possession or occupation of the said company, with all cattle and vehicles to be used for conveying passengers, goods, merchandize, minerals, or other articles, to and from such stations. 14. The said company shall afford all reasonable facilities for the receiving, storing, forwarding, and delivering of goods upon and from the said tramway or railway and jetty, and no undue or unreasonable preference or advantage to or in favour of any particular person or any particular description of traffic, in any respect whatsoever, shall be given; nor shall the said company subject any particular person or any particular description of traffic, to ZZZ Facilities for re &c., without undue preference, to be ceiving, forwarding, provided. No. 4-1869. Tolls, fares, &c., to be charged equally out distinction. any undue or unreasonable prejudice or disadvantage in any respect whatsoever. 15. All tolls, fares, or rates for passengers or goods shall be at to all persons with- all times charged equally to all persons, and after the same rate, whether per ton, per mile, or otherwise, in respect of all passengers, and of all goods of the same description and conveyed or propelled in a like carriage and by a like power, passing only over the same portion of the line of tramway or railway, under the same circumstances; and no reduction or advance in any such tolls, fares, or rates shall be made, either directly or indirectly, in favour of or against any particular company or person travelling upon or using the tramway or railway. Steam power not to be used for pas of proper officer. 16. No steam power shall be used for the conveyance of senger traffic before passengers upon the said tramway or railway, or any section thereof, obtaining certificate until the certificate of the Colonial Engineer or other officer appointed by the Governor shall have been obtained, at the expense of the company, that the said tramway or railway or such section thereof is in a fit and proper condition for the safe conveyance of goods or passengers by means of such steam power. gulation of "Rail tion, be made applicable to line. Provisions of Re- 17. Such and so many of the provisions of the "Regulation of ways Act, 1861, Railways Act, 1861," as the Governor, with the advice of the may, by proclama- Executive Council, shall by any proclamation to be published in the Government Gazette specify and determine, shall come into force, and apply to the said tramway or railway hereby authorised to be constructed and made, as if the said provisions were herein separately set forth and made applicable to the same: Provided, Sections 29 and 30 however, and it is hereby declared, that sections 29 and 30 of the said Act shall not be made applicable to the said tramway or railway, save and except the proper and necessary fencing which the said company shall be bound to erect and maintain in and through the limits of the village of Port Nolloth. excepted. Right of sanctioning junction of 18. The Colonial Government shall have the right of sanctionbranch lines reserved ing any junction of branch lines communicating with the said line of tramway or railway and jetty, from or for the use of any mines which may be opened in Namaqualand, upon such terms and conditions as may be agreed upon between the person desiring to have and maintain such branch line and junction and the said to company; and in case of any question or controversy as to such terms to be settled terms and conditions, such question shall be referred to three persons, one to be nominated by the Governor, one to be nominated by the said company, and the other to be nominated by the person seeking to establish such junction; and the decision of any two or more of such three persons shall be final. The cost of every such arbitration to be in the discretion of the arbitrators. Disputes by arbitration. as Decision final. Costs of arbitration. Right of Govern ment 19. At any time after the expiration of ten years from the date djetty that of opening for traffic of the said jetty, or of any section of the line of tramway or railway from Port Nolloth to Nonams, the Colonial Government shall have the right, if so disposed, to purchase from the said company, and the said company shall, if required thereto, be bound to sell to the Colonial Government, the said tramway or railway and jetty, together with all fixed property of the said company lying within the limits of deviation aforesaid, at the cost price of the construction and equipment of the said tramway or railway and jetty and of the purchase and erection of land and buildings, or at any less sum that may be agreed upon between the said company and the Colonial Govern ment. No. 4-1869. waive right or de company may re 20. If at any time after the said right of pre-emption in the If Government last section contained shall have accrued to the Government, the cline to purchase, Government shall have waived or declined to exercise the same, or move all plant and if at the expiration of the further period of twelve months there- material of line. after the said company and the Government shall have been unable to agree upon the terms of sale and purchase as aforesaid, then and thereafter it shall be lawful for the said company to remove and carry away all plant and material from the said tramway or railway, but not to remove the said jetty or any part thereof. But may not remove jetty. &c., subject to sanc 21. It shall be lawful for the said company with the previous Company may dissanction of the Governor at any time to sell, dispose of, and pose of its rights, transfer all their right, title, and interest in and to the said tram- tion of Governor. way or railway and jetty, and other property acquired or erected, for the purposes of the said tramway or railway and jetty under the provisions of this Act, to any other company or companies or private individuals desirous of purchasing the same subject, Act to apply to nevertheless, to the provisions, terms, and conditions of this Act, purchasers as it the purchaser or purchasers thereof had been herein expressly made liable thereto. may be exercised 22. It shall be lawful for the said company to exercise all and Powers of company singular the power and authorities by this Act conferred upon the through an agent. said company by or through the instrumentality of any agent in this Colony appointed under the seal of the said company to be the agent of the said company in this Colony: Provided that notice of every appointment of any such agent, and of his name and address in this Colony, shall be from time to time published in the Government Gazette. Name and address of agent to be pub lished in Gazette. sue and be sued. 23. The said company shall and may sue and be sued within How company may this Colony by the name or style of the "Cape Copper Mining Company (Limited)," and service of process and of all notices or matters of the like nature required by this Act upon the said company, at any office or place of business of the said company in this Colony, shall be good service of such process, notices, and other matters: 24. This Act may be cited for all purposes as The Port Short title. Nolloth Tramway or Railway and Jetty Act.” No. 5-1869.] ACT [October 18, 1869. Preamble. of Loan authorised. £2,000 First ten sections of Act 4 of 1866-'67 under this Act. For Enabling the Commissioners of the Municipality of Beaufort to borrow a further Sum of Money, for the purpose of strengthening and otherwise improving the Beaufort Reservoir. WHEREAS by the Act No. 4, 1866-'67, intituled "An Act for enabling the Commissioners of the Municipality of Beaufort to secure a Supply of Water for the Inhabitants of such Municipality,' provision was made for enabling the said commissioners to secure to the Cape of Good Hope Savings Bank Society certain moneys lent and to be lent by the said Savings Bank Society to the said commissioners, not exceeding in the whole the sum of two thousand pounds sterling, for the purpose of constructing a reservoir capable of storing such supply of water; and it is expedient to empower the said commissioners to borrow and take up such moneys as may be required for strengthening and improving the said reservoir beyond the money secured under the said Act, but not exceeding, in the whole, another sum of two thousand pounds sterling: 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 be lawful for the commissioners of the municipality of Beaufort to borrow and take up such sum or sums of money, not exceeding, in the whole, the sum of two thousand pounds sterling, as shall be required for further strengthening and improving the reservoir aforesaid. 2. The first ten sections of the Act aforesaid, No. 4 of 1866-'67, to apply to loan shall apply to the money to be borrowed under this Act, by whomsoever the same shall be lent, whether by the said Savings Bank Society or by some other society, or by some company or co-partnership or individual, precisely as if the said sections were, mutatis mutandis, herein again set forth and word for word repeated. Moneys borrowed 3. That the sum of two thousand pounds sterling, secured by 1966-67 to be first the Act aforesaid, No. 4, 1866-'67, and the interest payable thereborrowed under this upon, shall be a first and preferent charge upon all and singular the Act to be second revenues, of every description, which are by the said last-mentioned liable for payment. Act made liable to the payment thereof, and the moneys to be borrowed under this Act, and the interest thereof, shall form a second preferent charge upon the said revenue. under Act 4 of charge, and moneys charge on revenue lic Bodies' Debts Provisions of "Pub- 4. Nothing in the "Public Bodies' Debts Act, 1867," shall Act, 1867," not to interfere with the preference over the revenue to arise from the affect such prefer- said reservoir given by this and the said Act No. 4, 1866-'67, nor ence. with the powers given by the fourth to the eighth clauses inclusive of the said Act No. 4, 1866-'67, to assess a rate for payment of money borrowed under the said Act, in case the revenue from the No. 6-1869. this Act and Act No. prove claims on pro the said reservoir shall be unequal to the repayment thereof; but on the contrary, the provisions of the said sections shall be applicable to the money to be borrowed under this Act: Provided. But creditors under that if, in the course of any proceeding under the "Public Bodies' 4 of 1866-'67 may Debts Act, 1867," at the instance of any creditor of the munici- ceedings taken under pality of Beaufort, the Supreme Court shall make an order, under Act named. the fourth section of the said Act, directing the Master of the said Court to inquire whether any, and if so what, debts other than the debt then in question are due by the said municipality, then and in that case the creditors under the Act No. 4, 1866-'67, and under this Act, may appear and prove their debts respectively. 5. This Act may be cited for all purposes as the "Town of Beaufort Water Loan Act, 1869." Short title. No. 6-1869.] ACT [October 18, 1869. For Limiting the Operation of the Disabilities Removal Act, 1868.(') WHEREAS doubts have been entertained as to the effect of the Preamble. Act 11 of 1868, called "The Disabilities Removal Act, 1868," and it is expedient that the same should be put at rest: 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: - Rights existing, or contingent, at the time of passing of Act No. 11 of 1868 The said Act 11 of 1868 shall not be deemed to defeat or take away any rights vested in any person at the time of the passing of the same, nor any contingent right limited to any person or class not affected. of persons, by virtue of any deed, will, contract, or other instrument of settlement actually executed and become binding on the person or persons executing the same before the passing of the same Act, anything therein appearing to be enacted notwithstanding: Provided that any such right be claimed within due time from the passing of this Act. No. 7-1869.] [October 18, 1869. Act to Regulate the Conditions upon which it shall be lawful for Divisional Councils to erect Toll-bars and levy Tolls within the limits of Municipalities or other Corporated Towns. [Repealed by Act 40, 1889.] 1 1 Extended by Proclamation No. 80 of 1890 to all the Native Territories. |