No 14-1837. Not to have at any 100 lbs. Penalty im No second permiss less upon production quantity of gunpowder not exceeding one hundred pounds weight thereof, to obtain another permission for another quantity of gunpowder, not exceeding one hundred pounds weight thereof, and so on, from time to time, as circumstances shal! require; in order that such licensed dealer shall be able,-subject at all times to the discretion of the Resident Magistrate or Justice of the Peace (as) the case may be),-to have always on hand, for the purposes of his trade, a moderate supply of both fine gunpowder and coarse gunpowder Provided that no licensed dealer shall store, keep, or have any quantity of gunpowder, of any description, exceeding, one time more than at any one time, one hundred pounds weight thereof; and that all posed by section 15, and singular the penalties mentioned in the fifteenth section of Ordinance 2, 183. the Ordinance aforesaid, No. 2, 1853, shall apply to any licensed dealer who shall store, keep, or have, at any one time, any quantity of gunpowder, exceeding one hundred pounds weight thereof, precisely as if the said fifteenth section, in reference to the largest quantity of gunpowder which any licensed dealer might lawfully store, keep, or have at any one time, had specified one hundred pounds weight thereof, instead of fifty pounds weight thereof: Provided, also, that as often as any licensed dealer shall have obtained one such permission as aforesaid, no second such permis- sion to be given, unsion shall be granted to him, until he shall produce to, and deposit of certificates coverwith, the Resident Magistrate or Justice of the Peace (as the case in the disposal of an may be), certificates granted under the thirteenth section of the previous permission, said Ordinance, covering and accounting for a quantity of gunpowder equal to the quantity which such dealer shall desire a permission to obtain; and so on, from time to time, in regard to every subsequent permission which may be applied for: And If quantity under provided that, as often as the licensed dealer applying for any any one permission such permission as is in this section mentioned, shall have disposed 17. Ord. 2, 1833, to of all gunpowder obtained by him under any previous permission, application. the provisions of the seventeenth section of the Ordinance aforesaid shall apply to every such application, precisely as if the said seventeenth section, instead of authorising and relating to no permissions, except permissions for fifty pounds weight of gunpowder, had authorised and related to permissions for any quantity of gunpowder not exceeding one hundred pounds weight thereof : Provided, lastly, that as often as any licensed dealer shall make an application for a further supply of gunpowder, whilst any tion to be made. portion of any gunpowder previously obtained by him shall be still in his possession, such dealer shall make a solemn declaration, which shall be, in substance and effect, as follows, that is to say: I, A. B., of , licensed dealer in gunpowder, do day be exhausted, apply to every fresh Solemn declara No. 14-1837. except pounds weight thereof, which said quantity pounds, I have disposed of under and by virtue of the certificates now by me produced. And I further declare that I have not now in my possession any gunpowder whatever, except pounds weight thereof. Penalties of perjury to apply to false declaration. Section 8, Ord. No. 2, 1853, to extend to C. D., Resident Magistrate, (or Justice of the Peace, as the case may be.) 6. If any person shall make any wilfully false statement in any such declaration as is in the last preceding section mentioned, such person shall, upon conviction, incur the penalties by law provided for the crime of perjury. 7. All and singular the several provisions of the Ordinance permissions issued aforesaid, which relate to the permissions in the eighth section of under this Act, and the said Ordinance mentioned, and to the gunpowder obtained by virtue of such permissions, and which provisions are not repugnant to the provisions of this Act, shall extend and apply to the permissions authorised by this Act. tained. Certificate under section 13 of Ordi not transferable. 8. No person who shall have received from any Resident Magisnance No. 2, 1853, trate, or Justice of the Peace, any such certificate as is in the thirteenth section of the Ordinance aforesaid mentioned, shall deliver such certificate to any other person, with intent that the gunpowder mentioned in such certificate should be obtained for the use of any person other than the person named in such cerAll gunpowder tificate; nor shall any person who shall have received any such mentioned in such certificate deliver the same to, or leave the same, with any licensed moved within three dealer, without, at the time of such delivery, or within three days certificate, to be re days. travention. thereafter, removing from the premises of such dealer, the gunpowder mentioned in such certificate. Any person contravening any of the provisions of this section, shall, upon conviction, be Penalty for con liable to a fine not exceeding £50, or to imprisonment, with or without hard labour, for any period not exceeding six months. In indictments, 9. Every offence against the Ordinance aforesaid, No. 2, 1853, quote other laws as amended by this Act, committed after the commencement and 2,1 5, as amended taking effect of this Act, and before the 31st of December, 1858, by this Act, shall, in any indictment relative thereto, be charged as a contra not necessary to than Ordinance No. vention of the said Ordinance No. 2, 1853, as amended by this Act; and it shall not be necessary in any such indictment to recite or refer to any of the other Acts by which the said Ordinance has been from time to time continued. No. 15-1857.] [June 29, 1857. AN ACT For enabling Municipalities to obtain additional Police, by contributing towards the Expense thereof. (1) WHEREAS, in certain of the municipalities of this Colony, the Preamble. want of an adequate and efficient body of police, for the prevention of crime and the preservation of peace and order, has for some time been seriously felt by the inhabitants; and whereas, whilst the expense of some policemen at each of the several seats of magistracy to be employed in the execution of criminal warrants, the safe keeping of offenders, and the conduct of the criminal business of the Courts held in and for the several districts of this Colony, may fitly and properly be borne by the public revenue, it will be necessary that the inhabitants of such municipalities as may desire the advantage of a body of police, sufficiently numerous to patrol their streets, prevent drunkenness and disorder, and perform other duties of a like nature, within the municipal limits, should contribute towards the expense of such police: And whereas, from the claims upon the public revenue which the inhabitants of municipalities regarded as contributors thereto, must be considered as possessing, it would not be just to require such municipalities to contribute towards the expense of such additional police more than one-half of the cost and charge thereof, leaving the other half of such cost and charge to be borne by the public revenue: And whereas there is reason to believe that certain municipalities would be desirous to obtain a more efficient police force, upon the terms just referred to: Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and the House of Assembly thereof, as follows: sioners, acting upon may intimate to the desire to co-operate 1. It shall be lawful for the municipal commissioners of any Municipal commismunicipality, acting in pursuance of the vote or decision of a a decision of a meetmeeting of the resident householders thereof, to communicate to ing of householders, the Resident Magistrate of the district that such municipality is magistrate, their desirous of availing itself of the provisions of this Act: Provided for the purposes of that no such meeting shall be held unless upon a notice, setting this Act. forth the object of such meeting, and published, in whatever manner shall be by law directed in regard to the meetings of Such meeting to be resident householders in such municipality, for not less than caled in due form. twenty-one days. and probable cost of 2. Every Resident Magistrate, receiving any such communica- Magistrate to astion as aforesaid, shall, by conference or correspondence with the certain the number municipal commissioners, ascertain what number of policemen, in the additional polie.. addition to the police force for the time being, such commissioners desire; and such Magistrate shall, in conjunction with the said commissioners, frame a detailed estimate of the probable cost, per 1 See Acts 8, 1873, and 23, 1885. required. No. 15-1857. ernor. year, of such additional policemen: Provided that, thereafter the police force, for the time being, to be maintained exclusively from and out of the public revenue, in the district of which such seat of magistracy is, or shall be, a municipality, shall be the number set forth as regards such seats of magistracy in the schedule annexed to this Act,-leaving all additional policemen to be provided for under this Act. Number and cost 3. As soon as the number and the estimated cost of such of such police to be reported to the Gov- additional policemen shall have been agreed upon, between the Resident Magistrate and the municipal commissioners, the Resident Magistrate aforesaid shall report the particulars, for the consideration and approval of the Governor of the Colony, who may, in case the number or cost shall appear to him to be unnecessarily large, communicate, through the said Magistrate, with the municipal commissioners, for the purpose of agreeing upon some smaller number or reduced cost. Approved by Gov Municipal commis sioners may call a heklers to assess a polies rate. 4. As often as the Governor aforesaid shall approve of the number and cost of additional policemen as originally submitted, or as subsequently reduced, he shall signify such approval to the Resident Magistrate, who shall, in writing, communicate the same to the municipal commissioners. 5. It shall be the duty of any municipal commissioners to whom meeting of house- any such approval as in the last preceding section shall have been communicated, should they not already have been placed in possession of funds applicable to, and sufficient for, defraying onehalf of the cost of such additional policemen for a period of not less than one year, to call, upon a notice of not less than fourteen days, a meeting of resident householders, for the purpose of assessing a police rate, for defraying one-half of the cost of the said policemen, and such rate shall be regarded as a rate duly assessed by virtue of the Ordinance or Law under which such Rate assessed to be municipality shall have been established : Provided that at such meeting as aforesaid a police rate may be assessed for one year ceeding three years. only, or successive annual police rates may be then assessed for any number of years not exceeding three: And provided that meetings of resident householders shall and may be called, in manner aforesaid, for the purpose of assessing the necessary police rate, so long as such municipality shall continue to avail itself of the provisions of this Act. for one year, or annually for not ex When half the estimated cost for one the magistrate to tional police. 6. When and as soon as the municipal commissioners aforesaid year has been paid, shall have paid to the Civil Commissioner of the division, acting for addi- and on behalf of the Colonial Treasury, one-half of the estimated cost of such additional policemen for one year, the Resident Magistrate of the district shall, with all convenient speed, nominate and appoint the additional policemen agreed to by the municipal commissioners and approved of by the Governor. tional police. Duties of addi- 7. Such additional policemen shall be deemed and taken to be appointed under the Ordinance No. 25 of 1847, entitled "An No. 15-1857. retained for duty pality. Ordinance for Improving the Police of the Colony," and shall possess all the powers and perform all the duties belonging to the members of the police force in the said Ordinance mentioned: Provided, however, that the stated and ordinary duties of a number Proportion of or of the police force of the district, not less than the number of dinary police to be such additional policemen, shall be confined within the limits of within the municithe municipality which shall have desired to have such additional policemen Provided, however, that every member of the police force aforesaid, whether his stated and ordinary duties be confined within the municipal limits or not, may proceed and act beyond the said limits when engaged in the pursuit of an offender flying from justice, or when the exigency of some particular occasion shall induce the Resident Magistrate, or, in his absence, the chief constable, to order one or more of the members of the said police force to repair to and perform duty at some place other than the said municipality within the said district of such Magistrate. 8. (1) A true and correct account shall be kept of the cost, in Civil commissioner each respective district, of the additional policemen desired by, and count of the ex employed in, any municipality within such district; and a copy of pense of such addisuch account, or an abstract thereof, shall be furnished to the missioners of munimunicipal commissioners of such municipality, at the expiration pay one-half in adof one year from the date of the payment, to the Civil Commis- Vance. sioner, in the sixth section mentioned; and so on, from year to year, as long as such municipality shall continue to avail itself of the provisions of this Act, and shall pay to the Civil Commissioner of the division, from year to year, in advance, one-half of the estimated annual cost of the additional policemen. to furnish an annual tional police to com cipality, who will If the actual ex the estimate, difference to be restored penditure falls short to municipality, and to Municipality to give three months' notice before ceasing avail itself of this 9. Should the actual expenditure in any year have fallen short of the estimated expenditure, so that the sum paid in as aforesaid of exceeds, in amount, one-half of such actual expenditure, the excess shall be repaid by the Colonial Government to the municipality; vice versa. and vice versa, should the actual expenditure have exceeded the estimated expenditure, the municipality shall make good to the Colonial Government one-half of such actual expenditure. 10. Should any municipality, which shall have availed itseif of the provisions of this Act, become afterwards desirous to cease to do so, it shall be necessary for the municipal commissioners of such municipality to give to the Colonial Government, through the Resident Magistrate of the district, not less than three months before the expiration of the year for which such municipality shall have made its latest payment, under this Act, notice, in writing, that, at and after the expiration of the current year, the said municipality will cease to avail itself of the provisions of this Act: and, thereupon, steps shall be taken to dismiss, at the expiration of the said year all additional policemen, or a number of the police force for the time being, equal to the number of additional policemen. 1 See Act 23, 1885. All payments to be made quarterly in advance. Art. |