No. 18-1870. Short title. have been stolen; but every such Magistrate, Justice of the Peace' Police Officer, and Constable shall possess such and the same powers in respect to the seizure and detention of such stock as he possessed before the passing of this Act. 16. This Act may be cited for all purposes as Removal Act, 1870." No. 15--1870.] "The Cattle May 5, 1870. An Act to Continue to the end of 1871 the Act No. 10 of 1864. [Expired.] No. 16-1870.] [May 5, 1870. An Act to Continue to the end of 1871 the Act No. 32 of 1868. [Expired.] No. 17-1870.] [May 5, 1870. An Act for Applying a Sum not exceeding Ten Thousand Three Hundred and Fifty-six Pounds Sterling for the Service of the Year 1870. [Spent.] No. 18-1870.] ACT [May 5, 1870. Preamble. Value of lands to be appraised and ment. To enable the Governor to dispose, on certain terms, of certain Crown Lands, commonly called the Waschbank Lands. WHEREAS certain Crown lands in the division of Aliwal North, commonly called the Waschbank Lands, have for a long period been occupied without title, and valuable improvements have in many cases been made thereon by the occupiers thereof, and it is expedient that such occupiers, on paying a reasonable price, should be confirmed in the occupation of such lands respectively by the issue to them of lawful title thereto : 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. It shall be lawful for the Governor to appoint one or more mode of appraise- than one qualified and trustworthy appraiser, who shall visit the lands which shall have been so occupied as aforesaid on and up to the first day of January, 1869, and shall fairly and truly appraise the value of the lands respectively so occupied as aforesaid, No. 18-1870. dividing the same according to the occupation thereof, as the same have been already surveyed, and shall, in making such appraisement, take into consideration the value of the land only, as well as its original capacities for improvement, but not of any improvements which shall have been actually made thereon, and shall attest and sign his appraisement thereof, and shall submit the same to the Governor, either in parts or altogether, and the Governor on receiving and approving such appraisement, either of the whole or any part of such lands, may offer the same for sale Terms on which to the occupiers respectively of the said lands at the sum at which occupier may obtain the same shall have been so appraised, and if such occupiers shall accept such offer, and shall pay such sum or secure the same, with interest after the rate of six pounds sterling per centum per annum, to the satisfaction of the Governor, it shall be lawful for the Governor to grant such lands respectively to the said occupiers upon perpetual quitrent, reserving thereout such quitrent as to the Governor shall seem fit, not being less than a sum of one shilling for every ten morgen of land. 2. If any such occupier as aforesaid shall refuse or neglect within three months after such offer shall have been communicated to him to accept such offer or to pay or secure to the satisfaction of the Governor the purchase money aforesaid, then such of the said lands as shall have been occupied by him may be put up for sale to the highest bidder, on such conditions as to the Governor shall seem fit, without reference to the Act No. 2 of 1860, at an upset price not less than that at which the same shall have been offered to such occupier as aforesaid, under an annual quitrent of not less than one shilling per ten morgen, or for lease under or by virtue of Act No. 19 of 1864. grant. on non-acceptance of terms by occupier, land may be sold to highest bidder. 3. This Act may be cited as the "Waschbank Lands Act, Short title. 1870." No. 19-1870.] [May 5, 1870. An Act for Applying a Sum not exceeding One Hundred and Seventy-nine Thousand Five Hundred and Eighty-nine Pounds Nineteen Shillings and Fourpence for the Service of the Year 1871. [Spent.] No. 20-1870.] [May 5, 1870. An Act to Remove Doubts in respect to the Rates of Customs Duties payable on certain Articles under the provisions of "The Customs Tariff Amendment Act, 1866," and to amend the said Duties in other respects. [Superseded by Act 13, 1884.] No. 2-1871. Preamble. Public Bodies Debts Act to extend pality. No. 1-1871.] [August 11, 1871, An Act for Regulating the Retiring Pension of James Coleman Fitzpatrick, Esquire, one of the Judges of the Supreme Court of the Colony. No. 2-1871.] ACT [August 11, 1871. For Removing certain Doubts as to the Act No. 23 of 1869, commonly called "The Graham's Town Municipality Act, 1869." WHEREAS Certain doubts have arisen as to whether the provisions of the Act No. 11 of 1867, commonly called "The Public Bodies Debts Act," apply to debts due or hereafter to become due by a certain body incorporated by and under the Act No. 23 of 1869, commonly called "The Graham's Town Municipality Act"; and whereas it is expedient that such doubts should be removed: Be it therefore declared and 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. All and singular the provisions of the Act No. 11 of 1867, to debts of munici- commonly called "The Public Bodies Debts Act," apply and extend to all debts now due or hereafter to become due by the body incorporated under and by the Act No. 23 of 1869, commonly called "The Graham's Town Municipality Act," anything contained in either of the said Acts to the contrary notwithstanding. Preamble. No. 3-1871.] ACT [August 11, 1871. To Authorise the Cape Copper Mining Company (Limited) to extend the Line of Tramway or Railway authorised by Act No. 4 of 1869; "The Port Nolloth Tramway or Railway and Jetty Act." WHEREAS greater facilities than at present exist for the transport of minerals from the mines in Namaqualand to Port Nolloth, and also for the transport of passengers, goods, merchandize, and other articles to and from the said port would be afforded and the resources of the country be still further developed, by the extension of the line authorised by the said Act No. 4 of 1869, and the construction of the portion of tramway or railway herein after mentioned and described: And whereas the said company is willing to undertake the construction and working of the said portion of tramway or railway upon being empowered for that purpose in manner hereinafter mentioned and provided: 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 sixth section of the aforesaid Act as empowers the said company to continue the construction of the said tramway or railway beyond the point hereinafter mentioned, distant from Port Nolloth forty-eight miles, "to foot of mountain at Nonams," is hereby repealed. No. 3-1871. Part of section 6 of Act 4, 1869, repealed. 2. The Cape Copper Mining Company (Limited) is hereby Direction and ter empowered to extend the line of tramway authorised by the minus of extension. aforesaid Act, and to construct, maintain, and work a portion of tramway or railway for a distance of twelve miles, or thereabouts diverging from the present existing line at a point near Muishondfontein, distant from Port Nolloth forty-eight miles, and extending from such point along and up the mountain side in a northeasterly direction, by Klipfontein, and terminating at a point to the north of the Mission Station at Kookfontein, or Steinkopff, in accordance with plans and sections deposited in the office of the Clerk of the House of Assembly. Powers granted to company to enter poses of excavation, Extent to which excavation may be 3. The said company is hereby authorised to enter upon and to take possession of and retain all such land within the limits of upon lands for puideviation, as shown by the said plans; and also to dig for, excavate, and carry away all such stones, clay, or other materials within or from waste Crown lands near to the said limits as may be required for the construction and maintaining of the said tramway or railway free of charge: Provided that the extent of land taken or used for the said tramway or railway shall not exceed the width carried on. of thirty feet, with sufficient additional width for terminus, slopes, drainage, stations, stopping-places, approach-roads, and all other works, matters and things which may be requisite or necessary for the efficient construction and working of the said portion of tramway or railway: Provided, also, that the proprietor, lessee, or Compensation other person holding from and under the Crown any lands so taken possession of, or of the materials so carried away and used, shall be paid by the said directors the just value, by way of recompense or compensation, for the interest of the said proprietor or lessees, or others holding land under the Crown as aforesaid, in such land or materials, or for any damage which may be done by reason thereof. 4. The said company is hereby authorised to enter upon and take possession of, and to hold and retain, for all the purposes of this Act, free of any charges, so much of any Crown lands as shall be required for the construction and maintaining of the said portion of tramway or railway or for any other purpose relating to proprietors lessees. to or Crown lands may be used for purposes of extension, No. 3-1871. water may be taken grazed on, unleased Crown lands. the execution of this Act, and also to enter upon all Crown lands, Materials and not previously leased by the Government to any lessee, lying from, and animals convenient to the said portion of tramway or railway, and there to dig for, excavate, and carry away all such stones, clay, or other materials as may be required or be serviceable for the construction and maintaining of the said portion of tramway or railway; and, further, to allow the horses, mules, or cattle required for the purpose of working the said tramway or railway to graze on any Crown lands adjoining the line between Port Nolloth and the terminus near Kookfontein, and also to obtain water from any But not to estab- part of such lands where it can be found: Provided that nothing in this Act contained shall establish any servitude in favour of the said company for such privilege, or for procuring materials for the said tramway or railway upon any land which may at any time hereafter be sold or leased by the Colonial Government to any purchaser or lessee thereof. lish servitude. Act No. 4, 1869, to apply. Certain sections of 5. All and singular the provisions contained in the third, seventh, eighth, ninth, eleventh, thirteenth, fourteenth, fifteenth, sixteenth, eighteenth, nineteenth, twenty-first, twenty-second, and twentythird sections of the said Act No. 4 of 1869 shall apply to the said portion of tramway or railway hereby authorised, precisely as if the said sections were, mutatis mutandis, herein again set forth, and word for word repeated. Provisions of Regulation of Railways 6. Such and so many of the provisions of the Regulation of Act, 1961, may by Railways Act, 1861, as the Governor, with the advice of the made applicable to Executive Council, shall, by any proclamation to be published in extension. the Government Gazette, specify and determine, shall come into proclamation be excepted. force, and apply to the said extended railway or tramway hereby authorised to be extended or made as if the said provisions were herein separately set forth and made applicable to the same: Sections 29 and 30 Provided, however, and it is hereby declared that sections twentynine and thirty of the said Act shall not be made applicable to the said tramway or railway, save and except the necessary and proper fencing, which the said company shall be bound to erect and maintain, in and through the limits of the village of the Missionary Station of Steinkopff, whenever thereto required by the Governor. 7. The said company shall be bound to complete the said portion of tramway or railway within three years from the taking effect of this Act, failing which the powers and authorities hereby conferred shall cease and determine. Extension to be completed within three years. Short title. 8. This Act may be cited for all purposes as "The Port Nolloth Tramway or Railway Extension Act, 1871." No. 4-1871.] [August 11, 1871. An Act to Continue to the end of 1872 the Act No. 10 of 1864. [Expired.] |