No. 24-1858. New division to pay to the older division contracted by the road rates. it shall think fit to collect such arrears shall have and possess all and singular the same rights and remedies for the recovery of such arrear road rates as if the same had been arrears of road rates assessed by such last mentioned council. E 2. In case the Divisional Council of any division from or out of its share of any debt which the whole or any part of any of the divisions constituted by latter on credit of the Act aforesaid, No. 12, 1857, shall have been formed, shall at any time before the 1st January, 1858, when such divisions came into being, have raised money by way of loan, on the credit of any road rates assessed or to be assessed by such council, or shall have incurred any other pecuniary obligation upon the faith of any such road rates, then the Divisional Council of any of the new divisions constituted by the said Act No. 12, 1857, which new division shall comprise any of the immovable property which, next before such new division came into being, belonged to the division by which the Divisional Council which borrowed the said money, or incurred the said obligation, was elected, shall be bound to raise by road rates or otherwise, and pay over to the Divisional Council for the time being of the older or former division, as such last mentioned division shall be limited and bounded after such newlyconstituted division shall have become a division, such a proportion of so much of such loan or debt as was due and owing, or of such pecuniary obligation as was in existence when such new division came into being, as the value of the immovable property which, when such loan or debt was contracted, or such other pec niary obligation was incurred, belonged to the older or former division, but was afterwards included in such newly-constituted division, bears to the value of the whole of the immovable property which, next before the day when such new division came into being, belonged to the older or former division as then limited and bounded. Last preceding section to apply to the raysburg, &c. 3. If it shall happen that the Divisional Councii of any division new divisions of from or out of which the whole or any part of any of the four Fraserburg, Mur- newly-constituted divisions of Fraserburg, Murraysburg, Humansdorp, and Robertson, shall be formed, shall, at any time before the taking effect of the Act aforesaid constituting such divisions, have raised money, by way of loan, or incurred any other pecuniary. obligation on the credit of any road rates assessed, or to be assessed, by such council, then all and singular the provisions of the last preceding section shall apply, mutatis mutandis, to such newlyconstituted division and such older or former division respectively, precisely as if such newly-constituted division had been a division constituted by the Act aforesaid, No. 12, 1857. 1. མ་ . No. 25-1858.] [June 5, 1858. AN ACT For Constituting the Districts of Frazerburg, Murraysburg, WHEREAS it is intended to create, as soon as may be, districts of Preamble. 1. So much of the Ordinance for constituting a Parliament in this Colony, and commonly called the Constitution Ordinance, as is repugnant to or inconsistent with this Act, is hereby repealed. 2. When and as soon as districts of Resident Magistrates shall have been by proclamation of the Governor aforesaid created, constituted, and established at any of the four places aforesaid, to wit, Frazerburg, Murraysburg, Humansdorp, and Robertson, then every such district shall, from and after the day of the publication of the proclamation creating such division, become and be a division for fiscal purposes, as well as a district, and shall cease, for fiscal purposes, or for any purpose other than the election of members of Parliament, to belong to any division to which the said district, or any part of the said district, belonged down to and next before the day of publication of such proclamation. Repugnant porOrdinance repealed, tions of Constitution As soon as the districts aforesaid are proclaimed as magistracies, they shall be fiscal divisions. cils Act to apply and tu 3. The provisions of the Act No. 5 (3) of 1855, entitled "An Act Divisional Counfor creating Divisional Councils in this Colony," shall apply to separately to the new each of the four divisions aforesaid, and to the divisions to which divisions, those out of which the said four divisions, or any part of the said four divisions, they are constituted, previously belonged, as such new divisions, and such former divisions shall then be limited, and bounded precisely as if no Divisional Councils in and for any of such divisions had ever been elected Provided that the registered voters for any and every Electoral Division which, down to and next before the day aforesaid, comprised any such new division as aforesaid, or any part of any such new division, and which voters shall be resident in such new division, shall be entitled to vote at any election of members of the Divisional Council of such new division. 1 See Act 12, 1857, and notes. * For boundaries of Humansdorp division see Act 17 of 1865. * Repealed by Act 4, 1865, which in turn is repealed by Act 40, 1889. No. 25-1858. in operation over its council for new divi cils are not all elected at the same time. 4. It shall be lawful for the Divisional Council of every division Council of older to which the entire or any part of any one of the four divisions divisions to continue aforesaid belonged down to and next before the day of the publicaoriginal area until tion of the proclamation aforesaid, to continue in existence and sion is formed. operation in and for the whole area or territory which formed the division by which such Council was elected, until the new Divisional Councils contemplated by the last preceding section How, if new coun- shall have been elected, but no longer: Provided that in case the new Divisional Councils for the several divisions for or in regard to which the creation of any of the four divisions aforesaid shall render necessary the election of new Divisional Councils shall not all be elected at the same time, then each new Divisional Council shall, upon the election thereof, become the Divisional Council for the division by which it was elected, and no former or other Divisional Council shall have any authority or power in or over the division by which such new Divisional Council was Until all the new elected: Provided, however, that until new Divisional Councils the old council shall shall have been elected for all the divisions, for or in regard to coutinue in opera- which the creation of any of the four divisions aforesaid shall ing portion of the render necessary the election of new Divisional Councils, the councils are elected, tion over the remain division. Members of old council may be elec capacities. Divisional Council aforesaid, continued in existence and operation as aforesaid, shall, notwithstanding the election of a new Divisional Council for one or more of the said divisions, remain in existence and operation in and over the residue or remainder of area or territory which formed the division by which such Council was elected, precisely as if such residue or remainder had been the division by which such Council had been elected. 5. No member of any Divisional Council continued in existence ted to new council, and operation as aforesaid over any such area or territory as aforeand continue in both said shall be, upon that account, ineligible to be elected as a member of any such new Divisional Council as aforesaid: and in case any such member shall be elected a member of any such new Divisional Council as aforesaid, it shall be lawful for him to act as a member of both the Councils of which he shall be a member until the Divisional Council continued in existence and operation as aforesaid shall, upon the election of all the new Divisional Councils necessary to be elected, stand dissolved. division not to inter tion of electoral division. Creation of new 6. Notwithstanding the creation of the four new divisions as fere with constitu- aforesaid for fiscal and other purposes, every such new division, and every part thereof, shall continue, for electoral purposes, to belong to, and form part of, whatever Electoral Division such new division or any part thereof formerly belonged to, precisely as if this Act had not been passed. No. 26-1958.] [June 5, 1858. An Act for applying a Sum not exceeding Two Hundred and Ninety-five Thousand and Seventy-eight Pounds Thirteen Shillings and Nine Pence, for the Service of the year 1858. [Spent.] No. 27-1858.] [June 5, 1858. An Act for Applying a Sum not exceeding Ninety-one Thousand Six Hundred and Sixty-five Pounds for the Service of the year 1859. [Spent.] No. 1-1859.] ¡June 1, 1859. An Act for the Naturalization of JOHAN GEORGE WILHELM VON MEYER, of Worcester. [Private.] No. 2-1859.] [July 8, 1859. An Act for Amending the Act No. 15, of 1858, entitled "An Act for Amending the Act No. 21, 1857, entitled 'An Act to Amend the Ordinance No. 1, 1846, entitled, Ordinance for Regulation of the Post Office and Postage."" [Repealed by Act 4, 1882.] No. 3-1859.] AN ACT [July 8, 1859. No. 3-1859. For Correcting an Error or Misprint in the Act No. 23, 1858, entitled "An Act for Declaring Main Roads and Regulating Tolls." WHEREAS in Schedule B, Section 3, of the Act No. 23, 1858, Preamble. entitled "An Act for Declaring Main Roads and Regulating Tolls," a mistake or misprint has occurred in respect of rates payable at ferries on the Zwartkop's, Sunday's, and Breede Rivers, being therein set forth as follows: No 3-1859. Misprint in ferry And whereas the words, as adopted by the House of Assembly, were as follows: For a four-wheeled vehicle, with any animals For a two-wheeled vehicle, not drawn by more than For a two-wheeled vehicle, drawn by more than £0 1 6 0 1 0 0 1 6 four animals And whereas it is necessary that the said accidental mistake or misprint be amended: 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. That portion of the third section of Schedule B, of the said tariff of Zwartkop's Act No. 23, 1858, is hereby repealed, and instead thereof, the following shall stand as the rates payable at the before-mentioned ferries, namely: An Act for Amending the Act No. 5, 1855, entitled "An Act for Creating Divisional Councils in this Colony." [Repealed by Act 4, 1865.] No. 5-1859.] [July 8, 1859, An Act to Regulate, till the Expiration of the Year 1860, the Dealing in Gunpowder, Firearms, and Lead. [Expired.] No. 6-1859.] [July 8, 1859. An Act to Facilitate and Render Less Expensive the Filling of Occasional Vacancies in the Legislative Council for the Cape of Good Hope. [Repealed by Act 18, 1874.] No. 7-1859. [July 8, 1859. An Act for Reviving the Ordinance No. 15, 1844, entitled "Ordinance to Provide for the Enregisterment, in the Land Registers of this Colony, of certain Sub-divisions of the Locations and Extensions of the Settlers of 1820." [Expired] |