G.W. Eybers.

Select constitutional documents illustrating South African history, 1795-1910 online

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\g) Sever any portion of a municipality from the muni-
cipality of which it forms a part, and constitute
the same a separate municipality, or annex the
same to any other municipality of which the
portion severed formed one continuous area ;
and from time to time make any apportionment
of property, rights and liabilities, and give any
directions as to matters and things, that may
be necessary to do justice between the munici-
palities concerned.

IX. [Powers may be exercised by the Governor after a
request made by petition.]

X. [Such petition to be signed by three-fourths of the com-
missioners of any existing municipality, or by twenty-five or
more registered voters where no municipality exists.]

Xn. [Interested persons may present counter-petitions.]

XIV. [Resident magistrate and others to investigate the
matter of such petitions.]

Municipal Council.

XV. Every male person of fuU age liable to be rated in
respect of immovable property within the municipality of
the yearly value of not less than twenty pounds owned or
occupied by him ... for a period not less than six months
aext before such election, and in regard to which property
no municipal rate made three months or more before the date
of such election shall then be due and in arrear, shall be eligible
to be elected a councillor, and qualified to hold office as such,
but so long only as he shall continue to possess such quali-

XVI. [Certain men disqualified.]

XVII. No person holding any office or place of profit
under Government, or under or in the gift of the council of
any municipality, or concerned in, or participating in the
profit of, any contract with any municipality, or concerned

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in or in the profit of any work to be done under the authority
of any such council, shall be capable of being or continuing
a councillor of such municipality. . . .

XXVIII. Every person of full age, not disqualified under
the provisions of this Act, who on the first day of June in any
year is the owner or occupier of any immovable property in
any municipality, and who shall have paid all sums if any
then payable by such person in respect of any rates made
three months or more before such day, shall be entitled to be
enrolled on the voters' roll for such municipality according
to the following scale :

(i) If the property liable to be rated be of the annual
vsdue of, or exceeding, ten pounds, and less
than fifty pounds, he snail have one vote.

(2) If such value amount to fifty pounds and be less

than one hundred pounds, he shall have two

(3) And if such value amount to or exceed one hundred

pounds, he shall have three votes.

[And in case any municipality is subdivided, every voter shall
vote in only one ward.]

XL. A first election of councillors in any municipality
shall be held on such day within three months after the con-
stitution thereof, as the resident magistrate of the district
may appoint.

XLI. [All councillors to be elected at the first election.]

XLII. [There is to be an annual election.]

XLIII. At the annual election [though not at the fiirst
election] one-third [only] of the whole number of councillors
shall be elected, and in case of a subdivided municipality
they shall be elected in equal numbers for every ward.

LXXIV. [The councillors shall elect one of their number
to be chairman of the council.]

LXXVI. [Me may be styled " chairman " or " mayor "
according as the council shall regulate.]

LXXVIII. [Chairman to be ex officio a justice of the peace.]

LXXXV. [Meetings of council to be public]

Bye-Laws or Regulations.

CIX. The council of any municipality may from time to
time make, alter, and revoke bye-laws or regulations for all
pr any of the following purposes ;

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(i) Regulating the proceediiigs of the council and the
duties of their officers and servants, and pre-
serving order at council meetings.

(2) For preventing and extinguishing fires and com-

pensating tine owners of builolngs removed to
prevent Sie spread of fire.

(3) For establishing and regulating public markets and

market dues and regulating public sales.

(4) For suppressing nuisances, houses of ill fame, and

f5) For restraining noisome and offensive trades, and
compelling residents to keep their premises free
from offensive or unwholesome matters.

(6) For regulating the supply and distribution of any

water under the control or management of the

(7) For regulating sewerage or drainage.

(8) For regulating lighting with gas, electricity, or

{9) For preserving public decency.

(10) For preventing the spread of contagious or infectious

diseases, and for preserving the public health.

(11) For regelating and licensing boatmen, porters,

public carriers, carters, cabs, and vehicles flying
for hire.

(12) For regulating the killing of cattle and sale of

butchers* meat, and the establishment and
locality of slaughter-houses.

(13) For regulating the removal of ni^ht soil, stable

Utter, filth, and refuse from private premises,
and from all streets, roads, and public places.

(14) For preventing the dangerous use of gunpowder,

fireworks, or other combustibles, and for regulat-
ing the storage or removal of petroleum, gun-
powder, dynamite, or other explosive material.

(15) For imposing a tax upon the keeping of dogs.

fi6) For preventing the pollution of any water which
the inhabitants have a right to use.

(17) For establishing and maintaining cemeteries.

(18) For planting and preserving trees and shrubs.

(19) For regulating the width, curbing, paving, gutter-

ing, gravefiing, and cleansing of roads and

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(20) For establishing, maintaining, and controlling any

ferry, pontoon, or bridge, and levying and
ccdlecting tolls and dues thereon.

(21) For granting licenses or permits for the making

of bricks, or for digging or removing clay or

gavel, or for quarrying stone, or for cutting
ewood, brushwood, or grass upon municipsu
lands, and to prescribe the fees (if any) to be
paid for the same.

(22) To establish and provide for the management of

pounds and appointment of poundmasters,
subject to the provisions hereinafter in this Act

(23) To provide for the management and protection of

all common pasture or other municipal lands,
and to fix the number and description of live
stock any inhabitant shall be allowed to keep
and depasture thereon or any part thereof. But
no such provision shall interfere with or derogate
from any existing rights which may be possessed
or enjoyed by any person over such common
pasture or other municipal lands either by virtue
of any valid title deed or of any lawfully con-
stituted servitude.

(24) To grant temporary grazing rights over the said

lands to carriers and others frequenting or
passing through the municipality or attending
the markets thereof, or to travellers, and to
charge such reasonable dues as hereinbefore
mentioned in consideration of the same.

(25) For establishing, maintaining, and regulating public

libraries, museums, botanical gardens, parks.
public baths, and wash-houses, and public
places of recreation.

(26) For regulating traffic and processions,

(27) Generally maintaining the good rule and govern-

ment of the municipality. . . .

Making of Rates.

CXXV. The council of every municipality shall once at
least in every year, and may from time to time as they may
see fit, make and levy rates upon all rateable property within
the municipality. And such rates may be :

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(i) A landlords' or owners' rate assessed upon the

value of the rateable property.
(2) A tenants' rate assessed upon the annual value of
such property.
Or either or both of such rates.

[These rates not to exceed 2d. in the £ and 8d. in the £

Powers and Duties of the Council.

CLVI. The council shall have power and authority to do
ail or any of the following things :

To make» construct, alter, keep clean and in repair the
roads, streets, dams, furrows, sewers, drains,
culverts, and bridges within the limits of the

To excavate, construct, and lay down within the limits
of the municipality, water courses, water pipes,
conduits, sluices, dams, reservoirs, aqueducts,
wells, and other works for supplying the inhabi-
tants of the municipality with water, and to keep
the same in repair, or to grant leave to any person
or company of persons, to lay down pipes or to
execute any other like works.

To lease, or purchase any land, and to erect, lease or
purchase, maintain and keep in repair, any
building or buildings for any municipal require-
ment or purpose.

To lease, purchase, or erect and maintain such school
buildings and manage such schools as the council
shall, from time to time, think proper ; and to
enter into such guarantees in respect of such
schools as may be required by the Government,
in case any aid from the Government in support
of such schools should be required under any Act
which may now or hereafter be in force for this

CLVIL The council of any municipality may appoint and
employ such number of street-keepers, policemen, and special
constables as shall be required. . . .

CLXXIIL All penalties or other moneys payable in respect
of any o£fence against this Act, or any bye-law made there-
under, may be recovered before the Court of the Resident
Magistrate of the cMstrict.

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First Schedule.
Enactments Repealed.

Number and Yean


Extent of Repeal.

♦Ordinance No. 9,

Ordinance No. 2,

Ordinance No. 8,

Ordinance No. 5,

Act No. 15, i860.

Act No. 13, 1864.

Ordinance for the Creation of
Municipal Boards in the Towns
and Villages of this Colony, on
which the Local Regulations of
each shall be founded.

Ordinance for amending the Or-
dinance No. 9, 1836, entitled
[as above.]

Ordinance for enlarging in certain
respects the powers of Municipal
Commissioners in regard to the
Common Pasture Lands of the

Ordinance to enable Municipal
Commissioners appointed under
Ordinance No. 9, 1836, to pur-
chase or hire immovable pro-
perty for municipal purposes.

For continuing the Ordinance No.
9, 1836, entitled [as above], as
also the Ordinance No. 2, 1844,
entitled [as above.]

To amend the Ordinance No. 9 of
1836, entitled [as above.]

So much as has
not been al-
ready repealed.

The whole.

The whole.

The whole.

The whole.

The whole.

* Yet Act No. 9 of 1885 was again passed to amend Ord. No. 9 of 1836 1

Second Schedule. [Form of Nomination.]

P.R.O., CO. 50/7.

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THE COURT OF JUSTICE, [ri Oct. 1795.]
lo. 8L Proclamation, — ^By General Alured Clarke, Vice-
Admiral Sir George Elphinstone, and J. H. Craig, Esq.
Whereas, after having considered of the most proper
means of promoting, as much as possible, agreeable to the
paternal intention of His Britannick Maj^y the prosperity
and welfare of the Inhabitants of this Colony,

We have conceived that the maintaining of an uncorrupted
Justice and consequently the establishment of a Court of
Justice by which not only the Laws for the maintenance of
Peace, and Good Order, might be strictly enforced, but also
the mutual differences of we Inhabitants might be judged
and adjusted, according to the Laws, would be best conducive
to the fulfilling of that salutary intention, as the due main-
tenance of Law and Justice is the best surety for the safety
and happiness of a regular Society. And believing that it •
will be for the benefit of the Colony in general, and of each
individual in particular, that the administration of Justice
should be given again to, and consequently remain in, the hands
of those who till now have had the charge of that important
oflSce, and who are therefore supposed to be acquainted with the
Laws and Customs of this country; We have thought it
expedient to re-establish, as we by these presents re-establish,
the Court of Justice of this Country in the same manner as
the said Court has existed on the i6th September last, when
this Colony was surrendered to His Britannick Majesty, in
order to administer Justice, in the name of His said Majesty,
in the same manner as has been customary till now, and accord-
ing to the Laws, Statutes, and Ordinances which have been in
force in this Colony, which we command to be followed in their
full tenor and effect, as far as the same are not by us or in our
name, or in that of any Governor or Commander-in-Chief for
the time being, already altered or in future may be altered for
the general b^efit. Wherefore we command and enjoin aU
and every of the Inhabitants, to acknowledge, to respect, and to
obev, the said Court of Justice, in the said quality, as becomes
faithful subjects and good Citizens, on penalty in case of acting
contrary of being punished as disturbers of the publick peace
and good order according to the Laws. And the Several
Members of the said Court of Justice before it resumes its
administration will take the Oath of Counsellors of Justice
on Monday next the 12th Inst, in the morning at 10 o'clock in
the Castle. Whereof these presents are to give notice to all
and every one. Rec, I. 187.

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LANDDROSTS' COURTS. [15 Oct. 1795.]

Ho. 9SL Proclamation. — By General Alured Clarke, Vice-
Admiral Sir G. I. Elphinstone, and Major-General Craig,
etc. etc.

Whereas the good order and Government upon which
depends the peace, prosperity, and happiness of the people,
require that the Magistrates and Officers of Justice should
continue in their present employments and administer Justice
in the name of His Britannick Majesty in the usual form and
according to the Laws, Customs, and Usages which existed in
the Colony previous to its Surrender, until the same be other-
wise provided for, these are therefore in His Majesty's name
to authorize, appoint, and require you to continue to exercise
the office of Landdrost of the district of (Graffe Reynet) :
hereby investing you with all rights, powers, and authorities
heretofore to the said office belonging, until His Majesty's
Pleasure signified to you by us, or by any Future Governor
or Commander-in-Chief of the Colony for the time being, be
known, and the Several Inhabitants of the said district, as well
as all others concerned, are hereby required and enjoined
to pay all due obedience to you in all Manner of things rdating
to your said office as Landdrost, and we do further direct
that aU other Magistrates and others heretofore enjoying
offices of Police in the said district of (Graffe Re5met) do con-
tinue to exercise their several Employments as usual, till other-
wise ordered, for which this shall be to you and to them a full
and sufficient warrant.

Rec. L 199.


No. 68. Pfodamation, — ^By His Excellency George,
Earl of Macartney, etc.

Whereas representations have been made to me that,
upon a report of the Bosjesmen or Wild Hottentots having
plundered the Inhabitants dwelling; near the Hex River on the
side of the Bokkeveld in the district of Drakenstein, of a con-
siderable quantity of their Cattle, the Landdrost of SteJlen-
bosch had ordered an armed party of the Inhabitants to
assemble, and under the command of a Veld Wachtmeester
to endeavour to recover the Cattle that had been taken away,
but that then and in frequent instances of late the greatest
Indifference and Neglect of these Commands had been shown,
to the Detriment of good Order and the evident inconvenience
and danger of the wdl-disposed and industrious Inhabitants.

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I have therefore judged it expedient and necessary to
authorize the Landdrost and Magistrates of the several Dis-
tricts of this Colony, and do by tiiese presents authorize and
empower the said Landdrosts and Magistrates, each within his
District, to order a party of the Inhabitants to arm, assemble,
and take the field against the Wild Bosjesmen at all times when
such an expedition ^all appear requisite and projper. And I
do by these presents enjoin and command the Inhabitants so
called upon to pay due and immediate obedience to the Orders
of the Veld Wachtmeester, or other persons appointed by the
Landdrost or Magistrates to command the said party, and
vigilantly to assist in repelling or attacking the Wild Bosjes-
men, Runaway Slaves, or other D^redators of private property
and Disturbers of the public peace. And altho' the Interest
of the persons called upon to act in defence of their property
against the savage and common Enemy should of itself suffi-
ciently excite tihem to pay ready and cheerful obedience to
commands issued for then* own safety and welfare, still instances
to the contrary having happened, I have judged it expedient
and proper to give this public notice of the foregoing Authority
and Instructions given to the Landdrosts, and by these presents
to warn and command all and every one of the Inhabitants of
this Colony, when tiius legally called upon, to pay immediate
and chemul Obedience, as they shall answer to the contrary
by Fine or such other punishment as has been usual under the
former Government and the Nature of the Crime shall appear
to require.

Rec. II. 89.

COURTS OF JUSTICE. [24 July 1797.]

■6. M. Proclamation, — ^By His Excellency George, Earl of
Macartney, etc.

The Administration of Justice being an object of the
highest concern to the welfare of the People, and consequently
engaging the particular care and attention of His Majesty s
Government, It appears to me expedient to make certain
^arrangements and regulations in the judicial Courts of this
Colony for the ease and benefit of its Inhabitants.

I observe from the records, that by the instruction of the
former Government, dated 3rd December 1783, the Court of
Justice was to consist of thirteen Persons, viz. ; the President,
the Fiscal, and eleven ordinary Members, and that at the time
of the Capitulation, on the i6th September 1795, It then con-
sisted of the President, the Fiscal, and nine ordinary Members,

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besides two others, Mr. Heiuy de Wet and Mr. Peter Truter,
who tho' on account of their aflBnity with the President aiid^
the member Mr. Henry Andrew Truter, they had no judicial
Seats in the Court, yet attended and were employed on com-
missions of inspection, judicial enquiry, and information.
Nearly according to this form the Court of Justice was
re-established by the late Governor my Predecessor, and
appointed to discharge its usual functions.

In the same manner were continued the other Boards of
Judicature, that is to say. In the Cape Town the Court of
Commissioners authorized to determine questions not exceed-
ing 100 RixdoUars, and at Stellenbosch, Swellendam, and Graaf
Reinet those of the Landdrost and Heemraden, the two former
authorized to determine Suits not exceeding 100 RixdoUars,
and the latter on account of its exposed situation empowered
to determine Suits of 1000 Guilders.

Now considering that the Inhabitants of this Colony have
been long accustomed to the subsisting laws and jurisprudence,
and that no abuse of the same has come to my knowledge,
I think it proper to declare, and it is by these presents declared
and directed that the administration of the civil and criminal
Justice do continue on the ancient Ground, except where
it shall have already been altered and improved since the
surrender of this Colony, or shall hereafter be altered and
improved as occasion may require.

I have also judged it convenient for the public service to
lessen the number on the establishment of the Court of Justice
and to order that it henceforth do not exceed the following
numbers, viz. : The President, the Fiscal, and five ordinary
Members. The said seven Members therefore are to constitute
the full Court, and that the Members Mr. Henry de Wet and
Mr. Peter Truter do attend on commissions, as the ordinary'
Members until such times as they shall be directed to take
their seats on the bench according to their seniority when
enabled by such vacancies as will remove the cause of their
present restriction.

And tho' it be my wish and intention that in order to have
Justice amply administered the Court be complete when it is
to [pronounce Judgment, on which occasion all other business
should give way, it is nevertheless declared that any Judgment
or sentence pronounced by five persons of the Court shall be
lawful. But as on account of Commissions in the Country or
other indispensable absence of some of the Members it may
happen that the Court of Justice cannot well be filled to the
above-mentioned number of five persons, and that the case
for determination may admit of no delay, the Court of Justice
may then and for such occasion adopt <x select for their

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17971 COURTS OF JtJSTlCE loi

Assessor or Assessors one or two Members ol the Burgher
Senate, as may be requisite to complete tiie proper number,
such assessor or assessors duly taking the Judge's Oath.

And Whereas from the increase of Inhabitants and from
other circumstances of this settlement it would be useful and
beneficial to the same to make some alteration with regard to
the other Courts or Boards of Judicature within this Colony,
Be it therefore known, and it is hereby published and directed
that the Board of Commissioners for petty civil matters is
henceforth authorized and empowerect to determine Suits
amounting to a sum not exceeding two hundred RixdoUars value,
and the several country Boards of Landdrost and Heemraden,
of Stellenbasch, of Drakenstein, and of Swellendam to deter-
mine Suits of one hundred and fifty RixdoUars value, and the
Board of Graafif Reinet to continue to determine Suits of looo
Guflders as usual, and the execution of the sentences or Judg-
ments pronounced by all those Boards respectively is to
remain on the same footing as hitherto, and to be enforced

And Whereas it being His Majesty's pleasure that a Court
of Civil Jurisdiction consisting of the Governor together with
the Lieutenant-Governor should be erected for the hearing
^d determining appeals from the Courts of law within this
settlement. It is hereby declared that the said Court for hearing
^d determining appeals is now open, and that all persons
^e permitted and allowed to bring appeals and prosecute the
same before it, provided nevertheless tiiat in all such appeals
the sum or value appealed for do exceed the sum of two
hundred pounds sterhi^ or looo RixdoUars, and that security
^ first given by the Appellant to answer such charges as shall
^ awarded in case the first sentence be affirmed ; and if either
party shall not rest satisfied with the Judgment on appeal,
they may then further appeal to the Kin^ in Council, provided
the sum or value so appealed for to His Majesty do exceed
five hundred pounds sterling, or 2500 RixdoUars, and that such
appeal be made within fourteen Days after the sentence and
good security given by the Appellant that he will effectually
prosecute the same and answer the condemnation, as also
P^y all costs and damages as ^all be awarded.

In all matters of appeal the Appellant and Respondent
^, twenty-one Days at least before the hearing, furnish the
Court of Appeals with briefs and statements of their case in
^^ English language and certified by the Secretary of the
tourt appealed from that they are true briefs and contain
nothing (Afferent from what appeared in the proceedings before
the said Court.

Rec. II. 126.

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Ho. 66. Proclamation. — By His Excellency Du Pre, Earl of

Caledon, etc.

Whereas His Majesty has been pleased to direct that a
Court of Civil Jurisdiction for hearing and determining Appeals
from the Courts of Law within this Settlement, ^oiild be
erected, and that the said Court should consist of the Governor
and Lieut.-Govemor, and that in the event of the absence of
the Governor or Lieut. -Governor, the full power of hearing and
determining Appeals is vested in whichever shall be present :
It is hereby declared and made known that the said Coiirt is

Online LibraryG.W. EybersSelect constitutional documents illustrating South African history, 1795-1910 → online text (page 19 of 70)