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other person in like manner qualified.

XTV. And be it further enacted. That eveiy person who
shall be elected a commissioner in any municipality in manner
aforesaid, shall go out of office at the end of the third year
from the said firet election ; . . . provided always, that any
of such out-going commissioners shall be re-eligible, and may
be re-elected, and shall in such case continue to act and remain
in office, anything herein contained to the contrary notwith-
standing.

XV.-XLVII. [Officers of the Boards and details of muni-
cipal business.]

XLVIII. And be it further enacted. That every person,
who is the occupier of any dwelling-house, either as proprietor
or renter, of the yearly value or rent of not less than ten pounds
sterling, shall be, and be deemed and taken to be, a resident
householder within the meaning of this Ordinance : and that
at the several meetings of such resident householders* as
aforesaid, hereinbefore appointed or authorized to be holden,
every such householder wno shall be personally present, shall
have and be entitled to one vote, and no more.

[Etc.]

P.JR.O., CO. 50/1.



CREATION OF ROAD BOARDS. [22 Nov. 1843.]
No. 8, 1843.

■6. 66. Ordinance.— Ensicted by the Governor of the Cape
OF Good Hope, with the advice and consent of the
Legislative Council thereof, for Improving the Public
Roads of the Colony.

. . . Be it . . . enacted by the Governor of the Cape of

^ Duties assigned to Commissioners : to caU meetings for the purpose of
assessing taxes, appoint watchmen, provide fire-engines, erect lamp-posts,
by pipes lor the conveyance of water, build bridges and streets, establish
nuirkets. enforce regulations relative to weights and measures, etc.

» The text has " shareholders," obviously an error.



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82 CAPE OF GOOD HOPE [1843

Good Hope, by and with the consent of the Legislative Council
thereof, that, from and after the promulgation of this Ordinance^
it shall and may be lawful for the Governor of this Colony to
nominate and appoint certain fit and proper Persons to form
a Central Board of Commissioners, to be styled " The Central
Board of Commissioners of Public Roads."

I. And be it enacted, that the said central board shall
consist of six persons, three of whom shall be persons holding
some office of profit under Her Majesty, and three of whom
shall be persons not holding any office of profit under Her
Majesty. . . .

II. And be it enacted, that the said governor shall by
. . . proclamation . . . nominate and appoint one of the
members of the said board to be the chairman thereof. . . .

III. And be it enacted, that it shall and may be lawful
for the said board, and it shall be the duty of die same so
far as the means from time to time at its disposal will permit,
to improve, and, as much as may be, bring into a fit and
proper state the main roads throughout the Colony. . . .

XXII. And be it enacted, that so soon as the valuation
of the whole of the immoveable property in any division
subject to assessment, shall have been completed ... it
shall be lawful for the said board, and it is hereby empowered
... to assess and impose such a rate ^ as it shall deem neces-
sary and expedient, for effecting the objects of this Ordinance,
upon all such immoveable property in such division, whether
situated within or beyond the limits of any municipality, as
shall be valued at or above the value of fifty pounds sterling. . . .

XXIX. And whereas the branch roads of the Colony stand
much in need of reparation, and it is expedient to provide for
the ^adual improvement of the same ; — ^Be it enacted that
the civil commissioner of each division, or officer for the time
being acting as such, shall within one calendar month after
the valuation of the immoveable property in that particular
division shall have been by means of the central board effected,
in manner and form as hereinbefore mentioned, call, upon a
notice of not less than thirty-one days, to be published m the
Government Gazette, a meeting of all &ie owners of immoveable
property in such division, valued at fifty pounds or upwards,
to be held at some convenient time and place to be named in
such notice, for the purpose of electing four persons to form,
with such civil commissioner, or officer for the time being acting
as such, a board to be styled, "The Board of Public Roads
for the Division of "

» At the expiration of every period of twelve months a new rate may be
levied. Not more than three rates are to be levied in any division, and no
rate is to exceed id. in the pound on the value of property.



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iSssl LOCAL GOVERNMENT 83

XXXIV. And be it enacted, that the four members first
elected in each division . . . shall . . . remain la office for
the ne3ct ensuiag three years. . . .

P.R.O., CO. 50/1.



CREATION OF DIVISIONAL COUNCILS. [8 June 1855.]

No. 5, 1855.

■o. 87* An Act. — ^For Creating Divisional Councils in this

Colony.^

Whereas it is expedient that Boards should be established
in the several divisions of this colony, for the better administra-
tion of theu: local affairs: And whereas it is expedient to
make provision, by this Act, for the better administration of
the functions now performed by the Divisional Road Boarck,
the restrict School Commissions, and of the Court for the
better Regulation of Pounds and Prevention of Trespasses,
leaving it to Parliament, hereafter, from time to time, by
other Acts thereof, to bestow or impose such further powers,
functions, and duties upon such Boards as shall be provided
and prescribed : And whereas it is expedient that such Divi-
sional Boards should be called Divisional Councils, and that
all the members of eveiy such Council, with the exception of
the Civil Commissioner, should be elected by the inhaoitants :
Be it therefore enacted by the Grovemor of the Cape of Good
Hope, with the advice and consent of the Legislative Council
and the House of Assembly thereof, as follows :

I. The Ordinances No. 8, 1843, and No. 16, 1847, ^is far
as they are contrary to, and repugnant to or inconsistent
with, the provisions contained in this Act, are hereby re-
spectively repealed.

II. Every division of this colony shall be divided into six
subdivisions, to be called districts, and evory such district
shall elect one person to be a member of the Divisional Council
of sodi division.

III. [Governor to define limits of districts in each division.]

IV. [Governor may alter limits of districts.]

V. All persons in any such district, registered as voters
under tiie ordinance for constituting a parliament for this
colony, and no other persons, shall be entitled to vote for
the members of the Divisional Council, to be elected by such
district.

VI. [Polls to be taken by field-comets in their respective
wards.]

1 Cf. the Divisional Councils Acts No. 4 of 1865 and 40 of 1889, not printed
in this vc^umc.

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84 CAPE OF GOOD HOPE [1855

VII. No voter shall vote except in the field-cometcy in
which such voter stands registered.

VIII. Every person iiegistered as a voter, for any division,
under the ordinance aforesaid for constituting a parlkment,
shall (except as hereafter excepted) be eligible to be dected,
by any district into which such division Siall be subdivided
as aforesaid, to be the member for such district of the Divisional
Council of such division: Provided that no person holding
any oflftce of profit under Her Maiesty the Queen within this
colony, and no uncertificated insolvent, shall be eligible to be
elected.

IX. [When field-comets are to take a poll.]

X. [Poll to be open from 8 a.m. to 5 p.m.]
XI.-XVI. [Manner of polling, counting of votes, etc.]'
XVII. [Civil Commissioner to publi^ names of persons

Xvill. [And to call the first meeting.]

XIX. [And to preside at all meetings.]

XX. [Three members to form a quorum.]

XXI. [Who to preside if Civil Commissioner is absent.]

XXII. [Members to sit for three years and to be re-eligible.]
XXIII.-XXIV. [Procedure at subsequent elections.]

XXV. [No election to be deemed incomplete so long as
there are elected sufficient members to form a quorum.]

XXVI. [When a member vacates his seat.]

XXVII. [Manner of filling vacancies.]

XXVIII. [Civil Commissioner's Clerk to act as secretary
of Divisional Council.]

XXIX. [In what terms Divisional Councils shall be referred
to.]

XXX. [Each Divisional Council to frame standing rules
and orders, which must be submitted to the Governor for his
approval]

XXXI. The powers and functions now vested in the
Divisional Road Boards, by Ordinance 8, 1843, shall, from and
after the passing of this Act, cease and determine, and all such

Eowers and functions shall be vested in the Divisional Councils
y this Act created : Provided that, in regard to the division
of the Cape, the joint boards of commissioners and ward-
masters of the municipalities of Cape Town and Green Point,
voting together as one constituency, shall be entitled to elect
three persons, who shall, in regard to all matters connected
with the powers and functions in the said Ordinance men-
tioned, be entitled to sit, deliberate and vote with the mem-
bers of the Divisional CouncU of the Cape Division, precisely
as if ordinary members thereof : Provided that, as soon as
may be after the Civil Commissioner of the Cape Division

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1858] LOCAL GOVERNMENT 85

shall have issued the notice in the 9th section of this Act
mentioned, he shall, by a notice to be published in the
Govemtneni Gazette, appoint a day and hour and fix a place for
taking the poll of the joint boards aforesaid, upon which day,
and at whicn place and hour, the said Civil Commissioner shall
attend to take the poll ; and such Civil Commissioner shall
cause the names of the three persons who shall be elected by a
majority of votes to be published in the Government Gazette ;
and provided that such notice as aforesaid shall be published
for not less than fourteen days before the day named for the
taking of the poll : Provided also that every member of such
joint boards diall have three votes, but shall not be entitled
to give more than one vote to one person : And provided
further, that the three persons so elected as aforesaid shall
receive due notice of all meetings of the Divisional Council of
the Cape Division, for the consideration of all matters relative
to the road administration vested, as aforesaid, in such Council,
according to such standing rules and orders in that behalf, as
shall be framed by the Divisional Council and approved of by
the Governor : And provided, lastly, that all liabilities, law-
fully existing, against any divisional road board shall survive
against the Divisional Council of the same division.

XXXIL The powers and functions now vested in the
several District School Commissions shall likewise so cease
and determine, and the Divisional Councils created by this
Act shall henceforth perform and exercise all functions re-
quired to be performed by such School Commissions in their
respective divisions.

XXXin. The powers vested in the Civil Commissioners
and Justices of the Peace, under and by virtue of section 27,
Ordinance No. 16, of 1847, entitled an Ordinance for the Better
Regulation of Pounds and Prevention of Trespasses, shall cease
and determine, and be vested in and exercised by the said
Divisional Councils, from and after the promulgation of this
Act

XXXIV. This Act shall commence and take effect from
and after the promulgation thereof.

P.R.O., CO. 52/18 (C. ofG. Hope Govt Gazette,
12 June 1855).

MANAGEMENT OF PUBLIC ROADS. [5 June 1858.]
No. 9 of 1858.
>6. S8. An Act.— To provide for the Management of the Public

Roads of the Colony.
^ Whereas it is expedient to make other and better pro-
vision for the maintenance and improvement of the Public

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86 CAPE OF GOOD HOPE [1858

Roads of this Colony : Be it enacted by the Governor of the
Cape of Good Hope, with the advice ana consent of the L^s-
lative Council and the House of Assemb^^ thereof, as follows :

I. Except as hereinafter provided, Ordinance No. 8, 1843,
entitled " An Ordinance for improving the Public Roads of
the Colony," and Ordinance No. 12, 1844, amending the afore-
said Ordinance, and Ordinance No. 17, 1847, declaring the
meaning and construction of the 21st section of the aforesaid
Ordinance, and Ordinance No. 7, 1848, amending and con-
tinuing certain provisions of the aioresaid Ordinance, shall be
repealed from and after the last day of December next.

II. From and after the first day of January next, the
several roads of the colony, which may by any Act of the
Legislature of this colony be declared to be a main road, shall
be under the charge of the general Government, as hereinafter
provided, whose duty it shall be to make, maintain, and
miprove such main roads, so far as the funds placed at its
disposal by this or any future Act will enable it.

III. [Central Road l^oard dissolved, and its affairs to be
wound up by certain commissioners appointed by the Governor. ]

VII. [Main roads to be under the control of the Governor,
and under the charge of the civil engineer, as chief com-
missioner, and 3 assistant commissioners.]

VIII. No new line of main road shall be commenced, nor
any deviation made from any existing line of main road, nor
any new work undertaken upon any existing main road, the
cost of which work shall be estimated to exceed two hundred
pounds (unless such new work shall be absolutely necessary,
to prevent the interruption of the communication on such road),
except with the previous sanction of Parliament ; and in like
manner, the charge of any line of main road shall not be
abandoned without such previous sanction.

XX. The several Divisional Councils constituted under
Act 5, of 1855, *all, with such funds as are by this or any other
Act placed at their disposal for such purpose, be charged with
the duty of superintending, makiujg, improving, and preserving
all divisional or branch roads within their respective divisions.

XXVI. All persons owning immovable property within
any division, or any municipality within such division . . .
shall be liable to be rated on account of such property for the
maintenance of the public roads. ...

XXIX. [Municipalities of Cape Town and Green Point
to be within the Cape division for purposes of this Act, and to
elect four members to the divisional council.]

LIV. Every Divisional Council diall cause an exact and
particular account to be kept, and to be made up and balanced
at the end of each year , . . and to furnish a copy of such



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1858] LOCAL GOVERNMENT 87

account, together with all necessary vouchers, to the Governor,
in order that the same, after having been audited by the Auditor
of the Colony, may be laid before both Houses of Parliament.
[Etc.] P.R.O., CO. 50/3.



EDUCATIONAL BOARDS. [5 June 1858.]

No. 14 of 1858.1

Ho. 59. An Act. — ^For the Creation of Educational Boards in
the Field-Cometcies, Villages, and Towns of this Colony
on which the Local Regulations of each shall be founded.

Whereas it is expedient that due provision should be made
for the establishment and maintenance of public schools in the
several field-cometcies, villages, and towns in this colony, and
that educational boards should be constituted and established
therein for that purpose: Be it therefore enacted by the
Governor of the Colony of the Cape of Good Hope, by and with
the advice and consent of the Legislative Council and House
of Assembly thereof :

L From and after the first day of July next it shall and
may be lawful for any field-cornet, resident magistrate, or
justice of the peace, within the limits of his jurisdiction, and he
is hereby required, upon a requisition made to him in writing
to that effect, by any number of resident householders not
less than fifteen in towns and villages, and not less than ten
in rural field-cometcies, and resident respectively within the
limits of any such field-cometcy, village, or town or any ward
or wards within the same, which shall be specified in the said
requisition, to call a meeting of householders resident within
the limit aforesaid, to determine whether educational regula-
tions shall be adopted for the field-cometcy, village, town, or
place intended to be erected into an educational district.

IV. [Meeting to elect a committee to draw up educational
regulations.]

V. [Electors of members of Parliament to vote for members
of committee.]

VI. [Committee to draw up educational regulations.]

IX. [Regulations to be submitted to a subsequent meeting
oi housdiolders.]

X. The regulations adopted at such meeting shall forth-
with be transmitted by the cjjairman of such meeting to the
divisional council for the approval, amendment, or disaUowance

* Repealed by Act No. 1 3 of 1 865 , not printed in this volume. Other Educa-
tion Acts to be consulted are No. 24 of 1874, 30 of 1898, and particularly 35 of
190$. The " University Incorporation Act/' No. 16 of 1873, is also of interest
in this connection.



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88 CAPE OF GOOD HOPE [1882

thereof, of the said council. [If amended by the council the
regulations shall again be submitted to a meeting of house-
holders.]

XII. So soon as such original regulations as aforesaid shall
have appeared in the Government Gazette, the resident magistrate,
within the limits of whose jurisdiction the . . . school district
shall be included, ... is hereby required, by a notice of
not less than fourteen days, ... to call a meeting of such
resident householders . . . residing within the limits of such
school district, to be holden for the election ... of so many
commissioners as shall have been specified in the said regula-
tions to carry the same into effect ; and the said commissioners
shall be elected by a majority of votes of such resident house-
holders as aforesaid present at such meeting ; and any such
resident magistrate, field-comet, or justice of the peace shall
preside at such meeting.

XIII. Any person residing in the school district shall
be eligible to be elected a commissioner for the purposes of
this Act. . . .

XIV. [Commissioners to be elected triennially.]

XXIII. [No commissioner to receive salary, fee, or reward.]

XXXI. The said commissioners shaU nominate and appoint
the schoolmaster ; fix the hours and periods when the school
shall be kept open for elementary instruction, the rate of fees,
if any, to be charged; hear and decide on all complaints
or charges brought before them, regularly and in writing, by any
resident householder, against the said schoolmaster, relating
to his conduct in the school, or his moral character, and shaU
be empowered to censure, suspend, or dismiss him, as the facts
proved before them may require.

XXXII. In each and every school established under this
Act provision shall be made for instruction in the following
branches, — that is to say, reading, writing, arithmetic, and
the outlines of geographv and history.

P.2?.0., CO. 50/3.



MUNICIPALITIES. [30 June 1882.]

No. 45 of 1882.

No« 00. Act,— To Consolidate and Amend the Law relating
to Municipalities.

Whereas it is expedient to consolidate and amend the
laws relating to municipalities, and to provide more effectually
for the government of municipalities : Be it therefore enacted



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i882] LOCAL GOVERNMENT 89

by the Gov^nor of the Cape of Good Hope, with the advice
and consent of the Legislative Council and House of Assembly
thereof, as follows :

Preliminary.

L This Act shall apply to every municipality hereafter
constituted and to every existing municipality which shaU
in the maimer of this Act provided be brought under the
operation of this Act.

n. From and after the commencement of this Act the
several Laws mentioned in the First Schedule shall be and
the same are hereby repealed, except as to property vested,
acts and things done or commenced, rights, privileges, and
protection acquired, liabilities incurred, offences committed,
and proceedings taken, and. except as in the fourth section
is excepted.

in. In case any municipality incorporated by any Ordi-
nance or Act of the Legislature diall, in pursuance of the pro-
visions of this Act, come under the operation of this Act, it
shall be lawful for the Governor, by proclamation, to repeal
any such Ordinance or Act incorporating such municipality,
but notwithstanding such repeal, the provisions of the several
sub-sections numbered (i) to (6) respectively of the next suc-
ceeding section shall apply.

IV. Notwithstanding the repeal of the laws hereby re-
pealed, the said several laws shall be and continue in force and
applicable to every municipality already established as if this
Act had not been passed until such municipality shall come
under the operation of this Act, and as often as any existing
municipality shall come under the operation of this Act, the
following provisions shall apply :

(i) All creditors of such municipality shall have the
rights and remedies as if tnis Act had not been
passed.

(2) All municipal regulations then in force in such

municipality shall (unless repugnant to the pro-
visions of this Act) continue m force until altered
or amended under this Act. «

(3) The councillors or commissioners, as the case may

be, then in office shall continue in office until
the election and first meeting of councillors
under the provisions of this Act.

(4) All rates due or payable to or recoverable by such

municipality snail be vested in and recoverable
by the municipality, newly constituted under
this Act, and the valuation or assessment roll
in use at such time, shall continue to be used



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90 CAPE OF GOOD HOPE [1882

until a new one shall be completed under the
provisions of this Act.

(5) All works and undertakings authorised to be exe-

cuted, all rights, liabilities, and engagements
existing, and all actions, suits, and proceedings
pending by or against or in respect of such muni-
cipality, shall be vested in, attached to, and
be enforced, carried on and prosecuted by or
against the municipality newly constituted :
and no such action, suit, or proceeding shall
abate or be discontinued or prejudicially affected
by such constitution.

(6) All property, movable and immovable, and all

moneys of or vested in any such municipality,
shall be vested in and belong to the munici-
pality newly constituted.

The Constitution of Municipalities.

V. The inhabitants of every city, town, or village for the
time being subject to the provisions of this Act shall, under
such name or designation as the Governor may by proclama-
tion declare, be a body corporate with perpetual succession
and a common seal, with power to alter and change the same
from time to time, and shall by such name be capable in law
of suing and being sued, of purchasing, holding, and alienating
land, and of doing and performing such other acts and things
as bodies corporate may by law do and perform subject to the
provisions of this Act.

VI. Every municipality subject to the provisions of this
Act shall be governed by a council composed of a mayor or
chairman, and councillors ; and all acts of the council shall be
deemed to be acts of the municipality.

VII. Whenever the number of councillors for any muni-
cipality is determined under the provisions of this Act, such
number shall be not less than six nor more than twenty-four,
and in case such municipality is divided into waros, the
number produced by the return of three councillors for each
ward.

VTII. Subject to the provisions of this Act, the Governor
may from time to time exercise all or any of the powers
following :

(i) Declare any city, town, or village to be a munici-
pality, constituted under the provisions of this
Act.

(2) Assign a name to such municipality.

(3) Describe the boundaries thereof.



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i882] LOCAL GOVERNMENT 91

(4) Unite any two or more villages, which form one

continuous area, so as to form one municipality.

(5) Subdivide or re-subdivide any municipality into

any number of wards not exceeding eight.

(6) Alter the boundaries of or abolish the subdivisions

existing in any municipality.

(7) Determine and alter, within the limits of this Act,

the number of councillors assigned to any muni-



(8) Alter and adjust the boundaries of adjoining muni-
cmalities and determine any questions arising out
of such alteration and adjustment.



Online LibraryG.W. EybersSelect constitutional documents illustrating South African history, 1795-1910 → online text (page 18 of 70)