No. 15-1869.] [October 18, 1869. An Act to Repeal Act No. 14 of 1860, intituled "An Act for amending the Act No. 5, 1855, intituled 'An Act for creating Divisional Councils in this Colony,' and to amend the Act No. 4 of 1865, intituled An Act to consolidate and amend the several Acts relating to Divisional Councils.' [Repealed by Act 40, 1889.] No. 16-1869. No. 16-1869.] ACT [October 18, 1869. For the Dissolution of the Kowie Harbour Improvement Company. WHEREAS, by a Resolution of the House of Assembly, under date Preamble. the 27th day of August, in the year 1868, the Governor was requested to ascertain if the Kowie Harbour Improvement Company would make over their works and property to the Government on the terms proposed by a select committee of the said House, under date the 26th August, 1868: and whereas it is expedient that the Governor should be authorised to carry into effect the arrangement proposed in manner aforesaid: Be it therefore enacted by tho Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows: 1. So much of the Ordinance No. 4 of the year 1852, intituled "An Ordinance for improving the Kowie Harbour," as is repugnant to or inconsistent with the provisions hereof, shall be and the same is hereby repealed. Repugnant clauses of 1852 repealed. of Ordinance No. 4 up claims against 2. The Governor shall, as soon as may be convenient, by notice Governor to call to be published in the Government Gazette, call upon all persons company. having claims against the Kowie Harbour Improvement Company, or against the directors of the same, to transmit to the Colonial Secretary, on or before a day to be named in such notice, a statement setting forth the nature and amount of such claim. 3. The Governor shall likewise and in like manner call- all persons holding shares in the Kowie Harbour Improvement state whether they Company to declare, on or before some day to be named in the notice, not being earlier than forty-two days from the date of publication of such notice, whether they are severally willing to surrender to the Government of this Colony all rights, titles, and privileges which they may possess as such shareholders. upon Governor to call upon shareholders to are willing to surrender shares. On surrender of shares, Governor may liquidate claims 4. It shall be lawful for the Governor, as soon as he shall have received from shareholders in the said Company owning not less than four-fifths of the paid-up capital of the said Company the against company; surrender of their rights, titles, and privileges as aforesaid, to apply any sum or sums of money, not exceeding twenty-five thou No. 16-1869. pany dissolved. sand pounds in all, to the extinction and satisfaction of all the And declare com- claims against the said Company of which notice shall have been given to the Colonial Secretary, in terms of the second section hereof. And when and so soon as all such claims shall have been extinguished and satisfied, the Governor shall, by proclamation, (') to be published in the Government Gazette, declare the said Kowie Harbour Improvement Company to be dissolved, and the same shall thereupon be deemed and taken to have been dissolved If claims exceed accordingly: Provided that if just and lawful claims against the £25,000, directors to said Company, or against the directors of the same, exceeding the sum of twenty-five thousand pounds, shall have been transmitted as aforesaid to the Colonial Secretary, then the said proclamation shall not be issued, unless and until the said directors shall pay over to the Colonial Government such a sum as shall, together with the aforesaid sum of twenty-five thousand pounds, be sufficient to discharge, in full, all just and lawful claims against the said Company, or against the directors of the same. pay excess. On dissolution of company, liabilities directors to cease. for past transactions. 5. From and after the publication of the said proclamation, the of shareholders and liabilities of the shareholders in, and the directors of, the said But Colonial Gov- Company shall cease and determine: but nothing in this Act conernment not liable tained shall be construed to impose upon the Colonial Government any liability on account of the past transactions of the said Company over and above any guarantee which may have been given according to law for the payment of any sums that may have been borrowed for the use of the said Company, and of the interest falling due thereupon. On dissolution of Government. advanced by Govern 6. From and after the publication of the said proclamation all companha, & to the property, powers, rights, and privileges heretofore possessed perty, rights, &c., be vested in the and exercised by the shareholders and directors of the said Company in or in respect of the said Company or undertaking shall be deemed to be transferred to and vested in the Government of the And liability of Colony, and the Company shall be thereupon discharged from all company for moneys liabilities to the Colonial Government in respect of moneys herement to cease. tofore advanced to or incurred for the said Company by the Government and of all interest thereon. And it shall be lawful Governor to make for the Governor, with the advice of the Executive Council, to managing affairs of make such regulations for the management of the affairs of the said Company as to him shall appear necessary, and which regulations shall have the force of law until an Act shall have been passed by the Parliament to alter or confirm the same. regulations for company. 7. [Repealed by Act 13 of 1876.] SCHEDULE. 1. To be applied to or towards the extinction or satisfac- 1 See Proclamation of June 30, 1879. £25,000 To Enlarge the Powers of the Borough Council of King WHEREAS it is expedient that money should be raised by the Preamble. tions of Ordinance 1. So much of the Ordinance No. 9, 1864, aforesaid, and Repugnant porespecially the fifty-first and fifty-second sections thereof, and so No. 9, 1864, repealed. much of any other Ordinance, Law, or Proclamation as is repugnant to or inconsistent with any of the provisions of this Act, shall be and the same are hereby repealed. Council may boroff certain existing row money to pay debts. 2. The Borough Council of King William's Town may with the consent of the Governor, raise, in this Colony or elsewhere, by way of mortgage of any land or property vested in the said council, or by debentures or other securities charged upon such land or property, such sum of money as may be needed to pay and discharge the existing debts due and owing by the said council, contracted under and in terms of the fifty-first and fifty-second sections of the said Ordinance No. 9 of 1864. And the said council may further raise, in the manner before described, any other or further sum of borrow money for money which shall be required for any purpose of a municipal nature which the Borough Council shall deem desirable, and the said Governor shall approve of: Provided, always, that nothing in this or the preceding section enacted shall prejudice any rights diced. which may have been acquired by creditors or others under the 1 See Acts 21, 1881, and 12, 1894. And may further municipal purposes. Rights of existing creditors not preju 'No. 17-1869. of intention to apply tion to borrow. mortgage to be executed. said fifty-first and fifty-second sections respectively: Provided, Notice to be given further, that the said council shall, before applying to the said for Governor's sanc- Governor for his consent, give public notice, at least two months previously, in one or more of the local newspapers, of their intention to make such application, in which notice so published shall be given a full and clear statement of the purpose or purposes for Where debentures which the money is required: Provided, also, that as often as the are charged on lands, said council shall raise money by the issue of debentures to be charged upon any such land or property as aforesaid, the council shall execute, to and in favour of any person or persons whom the said council shall approve of, a mortgage of the land or property upon which it is intended that the said debentures shall be charged, to be held by such person or persons in trust for the holders of the debentures so issued, which holders shall, according to their respective amounts and interests, rank pari passu upon the proceeds of the land or property comprised in such mortgage: Provided, impeached through lastly, that no mortgage, debenture, or other security, in regard to this which the Governor shall have given his consent to the execution or issue thereof, shall be impeached or questioned by reason or upon the ground that any of the conditions or provisions of this section have not been complied with. Mortgage, &c., not non-compliance with provisions of section. Council may bor rates. ratepayers. 3. The council may, for any such purpose as is in the preceding row on security of section described, mortgage or charge by debentures the municipal rates of the Borough of King William's Town, in security for any sum of money to be borrowed by the said council, under the But only with con- provisions of this Act: Provided that no sum of money shall be sent of majority of borrowed under the provisions of this section, unless with the previous consent of a majority of the ratepayers of the said borough present at a meeting to be convened by the council for the purpose of considering the subject; of the object, time, and place of holding which meeting not less than fourteen days' notice shall be given in one or more of the local newspapers as aforesaid. 4. Every debt, liability, and obligation created by virtue of this lic Bodies Debts Act shall be subject to the provisions of the Public Bodies Debt Provisions of "Pub Act" applicable. How borough may sue and be sued. Act of 1867. 5. It shall be lawful for the borough of King William's Town to sue and be sued, in any action which may be brought under this Act by its corporate name, as the Mayor, Councillors, and Burgesses of King William's Town. No. 18-1869.] ACT [October 18, 1869. To make Provision for clearing the Anchorage of the Port of East London of Anchors and Cables left derelict.(1) WHEREAS the anchorage of the port of East London is rendered Preamble. to a great degree unsafe by reason of a number of anchors which have from time to time been left derelict therein, and it is expedient that provision should be made for clearing the said anchorage: 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: for and recover aban 1. It shall be lawful for such person as shall be thereto appointed, Who may search by the Governor from time to time to search for and recover as doned anchors. speedily as possible all anchors and cables which may have been lost and abandoned by any ship or ships in the said anchorage, which anchors and cables, when recovered, shall be taken posses- Disposal of anchors sion of for and on account of Her Majesty in her colonial revenue, and shall be sold or otherwise disposed of on such terms as to the Governor shall seem fit. 2. Every anchor and cable shall be deemed to be abandoned if within twenty-one days from the date of the loss thereof no effective measures shall have been taken by or on behalf of the owners of the ship by which the same shall have been lost to raise or recover the same, or if within six weeks from the date of such loss the same shall not actually have been raised and recovered by or on behalf of such owners. recovered. When anchor, shall be deemed to have been abandoned. 3. This Act may be cited for all purposes as the "East London Short title. Anchorage Clearance Act, 1869." No. 19-1869.] [October 18, 1869. An Act for Applying a Sum not exceeding Four Hundred and Twenty-seven Thousand Three Hundred and Seventy-six Pounds Six Shillings and Eleven Pence for the Service of the Year 1869. [Spent.] No. 20-1869.] [October 18, 1869. An Act for Amending the Act No. 13, 1868, intituled "An Act for defining and establishing the Constitution of the Jointstock Company or Co-partnership called The Eastern Province Bank.'' [Lapsed.] See Act 18, 1893, § 25. |