No. 21-1869.] [October 18, 1869. Preamble. Repugnant portions repealed. ACT To make Better Provision for the Punishment of Juvenile WHEREAS it is desirable to provide means for the more suitable punishment by Resident Magistrates throughout the Colony of juvenile offenders: 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: 1. So much of the forty-second and forty-third sections of the of Act No. 20, 1856, Act No. 20, 1856, intituled "An Act for amending and consolidating the Laws relative to the Courts of Resident Magistrates," as shall be repugnant to or inconsistent with the provisions of this Act, is hereby repealed. Juvenile offender may on first or subse sentenced 2. As often as any male person not exceeding the age of quent conviction be fourteen years shall be convicted, by or before any Court of Resident whipping, to private Magistrate of any crime or offence () then it shall be in the discretion of the said Court, as well in the case of a first conviction as of any subsequent conviction, to sentence such offender to receive in private a moderate correction with a cane or rod, not exceeding fifteen cuts, which correction shall be administered by such person and in such place as the said magistrate shall appoint. 3. In case the father or reputed father of any such offender shall, in person, express a desire to correct such offender himself in the manner adjudged by the Court, it shall be lawful for the Resident Magistrate to permit him to do so, in the presence of any suitable person, to be selected by such magistrate, to witness the administration of such correction. Father of offender may administer correction. Where offender's age be unknown. 4. Should the age of any such offender be unknown, then it shall be lawful for the Court of Resident Magistrate before which he shall be tried to judge of the age of such offender by his appearance, or according to such other materials for forming a judgment upon the subject as shall exist; and no error which shall be bona fide made by any magistrate in judging of the age of any such offender shall vitiate or affect the sentence by which such offender shall be sentenced to receive, and shall have received, any such correction as aforesaid. No. 22-1869.] [October 18, 1869. An Act to Continue to the end of 1870 the Act No. 32 of 1868. [Spent.] 1 See Act 8, 1889. 2 Printed as amended by Act 19, 1877. No. 23-1869.] ACT [October 18, 1869. To Repeal the Act No. 29, 1861, intituled "Act for establishing a Municipality for the City of Graham's WHEREAS it is expedient to repeal the Act No. 29 of 1861, Preamble. Act No. 29, 1861, lations to continue mayor, Present councillors, and offi office till election of Existing assessment roll and rates as framed and assess 1. The Act No. 29, 1861, shall be and is hereby repealed: repealed; but existProvided, however, that such repeal shall not affect the municipal ing municipal reguregulations at present in force, but the same shall continue to be in force until altered. in force and operative until such time as the same shall be altered. or new ones published under this Act; and provided, also, that the present Mayor, councillors, and officers of the municipality cers to remain in shall, on the taking effect of this Act, until other persons shall be others. elected or appointed in their places respectively hereunder, be, and they are hereby declared to be the Mayor, councillors, and officers, respectively, of the municipality created by this Act; and shall, during the time aforesaid, do and perform all acts, matters, and things, and he vested with all the rights and powers, and be subject to all the liabilities which are authorised or required to be. done or performed by, or are vested in or imposed upon the Mayor, councillors, or officers, respectively, of the municipality by this Act: Provided, also, that the assessment roll 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 have been assessed under this Act. 2. The municipality of Graham's Town shall comprehend the Extent of municicity of Graham's Town, including all common lands and property Town. within the area formed by the boundaries hereinafter more particularly mentioned and described to wit, on the south by the Boundaries. northern boundaries of Featherstone's and Amos's farms, to the south-western beacon of Mr. Fuller's farm; thence to the northwest corner of Mr. Fuller's farm, to the south-west corner of Hart's farm (now Carlisle); thence in a northerly direction along the western boundaries of Hart's and Fynn's farms (now Carlisle's) to the northern boundaries of Fynn's and junction of Burnet's farm (also now Carlisle's); thence in a northerly direction along the north-west and north boundaries of Burnet's farm (now Carlisle's), to a junction with Carlisle's farm, "Belmont "; thence See also Acts 2 of 1871, 12 of 1878, 10 of 1885, 21 of 1886, and 14, 1894. ᎪᎪᎪᎪ assessed to be taken under this Act. ed pality of Graham's along the south-western boundary to the north-east corner beacon of "Belmont"; and thence along the north-east boundary of the said estate to a junction of "Grobbelaar's Kloof"; thence along the north-west and north-eastern boundaries of Grobbelaar's Kloof and R. H. Rubidge's farm to a junction beacon of W. Clark's and A. B. Diet's farms (now Carlisle's); thence along the southwestern boundaries of Diet's (now Carlisle's) farm and Campbell's farm (now Cawood's) to the southern boundaries of "Saxfold " and "Burntkraal," to the north-east corner of "Zypherfontein "; thence in a southerly direction along the eastern boundaries of the said farm to the north junction beacon of Goodwin's Kloof; thence. north-east along the east and southern boundaries of the said farm to the north-east beacon of "Howison's Poort"; thence along the south-east boundary of said last-mentioned farm to the southwestern and north-western boundaries of Featherstone's farm (now) Wood's). 3. There shall continue to be in the said city a body corporate, which shall take and bear the name of "The Mayor, Councillors, and Citizens of Graham's Town," and by that name shall have perpetual succession, and shall have a common seal, and shall by that name sue and be sued, and shall, by the council thereof, da all acts, and have and enjoy all the rights and privileges which bodies corporate, as such, may do and have. 4. The council of the said municipality shall consist of twentyfour councillors, one of whom shall be the Mayor 5. The said municipality shall be divided into eight wards,to wit: Ward No. 1. Bounded south by Prince Alfred Row, New- Ward No. 3. Bounded south by City Boundary; east by- Ward No. 4. Bounded south by High-street; east by City street. Ward No. 5. Bounded south by City Boundary; east by Ward No. 6. Bounded south by Beaufort-street; east by Ward No. 7. Bounded south by City Boundary; east by Ward No. 8. Bounded south by City Boundary; east by City Boundary; north by Beaufort-street; west by York-street. No. 23-1869. 6. The said council shall from time to time, if they shall think Council may alter fit, alter the boundaries of the said wards. 7. Three councillors shall be elected for each ward in manner hereinafter mentioned. any boundaries of wards. Three councillors to each ward. vote at election of councillors. 8. Every male person of full age, being duly enrolled, in who qualified to manner hereinafter mentioned, who is the occupier of immovable property in any ward of the municipality, of the yearly value or rental of not less than ten pounds sterling, in regard to which property no municipal rate shall at the time of any election of councillors or a councillor of such ward be due and in arrear, shall be entitled and qualified to vote at such election. 9. The following persons shall be disqualified from voting at any who disqualified. such election: Persons who have been convicted of treason, murder, rape, theft, receiving stolen goods knowing them to have been stolen, fraud, perjury, forgery, or any attempt to commit any of such offences, and who shall not have received a free pardon. piers. 10. When any such property as aforesaid is jointly occupied by As to joint occumore persons than one, each of such joint occupiers shall, being duly enrolled, be entitled to vote in respect of such property: Provided the yearly value or rental of such property shall be an amount, when divided by the number of such joint occupiers, equal to the sum of ten pounds for every and each such joint occupier. councillor. 11. (1) No person shall be eligible to be elected a councillor for Who ineligible as any ward who is disqualified from voting as in the ninth section is mentioned, or who has not been an occupier of immovable property within the municipality, of the yearly value or rental of not less than ten pounds sterling, for not less than twelve months next before the election, or who is the occupier of any such property in regard to which any municipal rate shall at the time of the acceptance by such person of such requisition as is mentioned in the next section be due and in arrear: Provided that different premises or properties, occupied in immediate succession, shall satisfy this section as to occupation as if they had been one and the same premises or properties. requisitions. 12. (1) No person shall be deemed a candidate at any election, Candidates to have nor qualified to be elected a councillor for any ward, unless he shall 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, to the Mayor, at least fourteen days before such election is appointed to take place. 13. [Superseded by § 5 of Act 12, 1878.1 14. On or before the first Monday in September in every year List of voters to be framed annually. No. 23-1869. List to be published and day fixed for tions thereto. the Town Clerk shall cause a true list to be made, in alphabetical order, of all men qualified to vote at the election of councillors for the city of Graham's Town, setting forth the christian and surname of each at full length, the place of his abode, his business or quality, the nature of his qualifications, and the ward or wards in which he is entitled to vote, and shall transmit the same to the Mayor. 15. The Mayor shall forthwith cause such list to be published determining objec- by affixing it in some conspicuous place upon the municipal office, and to every list so published he shall subjoin a notice of not less than fourteen days that all objections thereto will be heard and determined at such time and place as he may fix for that purpose. List to be revised and amended. Designation of list Roll to be posted. Election of councillors. ing. 16. The Mayor, and two councillors to be elected for that purpose by the council, shall have the power, after hearing such objections in open court, to strike out of the lists the names of all persons not entitled to be therein, and also to insert in the said lists the names of any persons which have been improperly omitted. 17. The lists so settled shall be called the Citizens' Roll of Graham's Town, and shall be brought into use on the first Wednesday in November in each year, and shall continue to be used for one year thence next ensuing. 18. The Mayor shall, immediately after the settlement aforesaid, cause such roll to be published by posting the same in front of the municipal office. 19. [Superseded by § 4, Act 12, 1878.] 20. Within fourteen days after the publication of the names of Mayor to call meet the several candidates invited to stand as councillors, the Mayor shall, by a public notice of not less than fourteen days, in accordance with the eighty-second section of this Act, call separate meetings of the citizens of each of the wards respectively, to be holden at some convenient place or places, for the election of the councillors required to fill the vacant seats out of the number of candidates invited for each ward, except when the number of candidates does not exceed the number of vacancies, as hereinafter mentioned. meeting. Who to preside at 21. Every such meeting for the election of any councillor or councillors shall be presided over by a returning officer, to be Duration of poll. appointed for that purpose by the Mayor. The poll shall commence at ten o'clock in the forenoon, and shall finally close at three o'clock in the afternoon of the same day. person. Electors to vote in 22. At every meeting for the election of any councillor or councillors who shall have accepted a requisition in manner aforesaid every qualified citizen, duly enrolled as aforesaid, shall be entitled to vote in person, but not otherwise. Manner of voting. present during vot 23. The votes shall be taken by ballot, and the person or persons having the greater number of votes shall be taken to be duly Candidates may be elected: Provided that all candidates shall have the right to be ing and examination present, either personally or by proxy, during the whole time the voting is going on, and when the contents of each ballot-box are examined by the returning officer. of contents of ballot box. |