No. 6-1877. sioner may em occupier. any person or persons appointed or engaged by him, to enter upon any private lands in his division the occupier whereof shall have failed to give such security as aforesaid, and it Civil Commis- shall also be lawful for such Civil Commissioner, and he is ploy means for hereby required, to employ all labourers necessary for destroying weed at expense of eradicating and burning the said weed so growing as aforesaid, and all the charges thereby incurred shall from the said Occupier be recoverable, with costs, in the Court of the Resident Magistrate, by action at the suit of the said Civil Commissioner: Provided that as often as the said Civil Commissioner shall grant time as aforesaid, to any such occupier as aforesaid, to eradicate and burn the said weed, the said Civil Commissioner shall reserve to himself sufficient time before the next seeding time of the said weed, to enable him to cause the said weed to be eradicated and burnt in the event of the neglect of the occupier aforesaid so to do. Expenses incur- IV. All expenses incurred by any Civil Commissioner in weed how to be the eradication and destruction of the said weed which it may be the duty of any owner or occupier to eradicate and burn shall in the first instance be defrayed from the Public Treasury, and are hereby made chargeable upon such land, and the same shall be paid, together with interest, at the rate of six per centum per annum, before any transfer or mortgage of such land be passed, before the Registrar of Deeds, and the Civil Commissioner is hereby required and directed forthwith to furnish the Registrar of Deeds with a statement of all charges incurred under this Ordinance upon each property respectively, in order that the same may be recovered by him at the time of transfer or mortgage. red in destroying defrayed. Civil Commissioner to take stroying weed V. The Civil Commissioner of any division is hereby measures for de- required to employ, through the instrumentality of the Fieldgrowing on pub- cornets or otherwise, labourers to eradicate and burn the said lic roads or weed wherever it may be found growing on public roads, on Crown lands, or on public out-span places within such division, and to pay the charges so incurred out of the public funds. Crown land. weed growing on Eradication of VI. If the said weed be found growing and bearing native locations seed within the limits of any native location, or upon Crown Lands occupied lands occupied by natives, the inhabitants of the nearest or on Crown by natives. Penalties. location, or any of them, shall be bound to eradicate and burn the said weed, and due notice to eradicate and burn the said weed shall be given to such inhabitants by the collector of hut-tax; and in the event of such inhabitants refusing or failing to comply with such notice, it shall be lawful for such collector of hut-tax to summon the headman of such location before the court of the Resident Magistrate of the district, or any Periodical Court, to answer for such refusal or neglect, and such headman shall, on conviction, be liable to any fine not exceeding ten pounds, and the proceeds of such fine shall No. 6–1877. be devoted by the Civil Commissioner of the division to the hire of such labour as may be needed for the eradication and destruction of the said weed. ers of Muuicipa VII. Whenever the said weed shall be found growing Commissionon municipal lands, the commissioners of the municipality lity to take meawithin the limits of which it shall be found are hereby ingweed growing required to cause the said weed to be destroyed. sures for destroy within limits of Municipality. and Overseers, to growing within VIII. All road inspectors and overseers of free road Road Inspectors parties or convicts are hereby required to cause the working destroy weed parties under their direction to eradicate and burn all plants fimits of their of the said weed whenever they may be found growing works. within the limits of their respective works. and others to ground. IX. All licensed claimholders or holders of a licence to Claimholder's search for diamonds in abandoned soil, shall be bound to destroy weed eradicate and burn the said weed wherever found in their claims, depositgrowing in their claims, or depositing or sorting ground, and in the event of ing or sorting such claimholders or licence holders refusing or neglecting compliance herewith, it shall be lawful for the Civil Commissioner to enter any claim, or depositing or sorting ground, Duty of Civil and take steps for the destruction of the said weed under the Commissioner in third section of this Ordinance. case of neglect. Commissioner competent case as Resident X. Nothing herein contained shall render any Civil Civil Commissioner incompetent to hear and determine any case to hear and try coming before him as Resident Magistrate wherein he may Magistrate. have acted as Civil Commissioner under the provisions of this Ordinance. XI. This Ordinance may be cited for all purposes as Short title. the "Burr Weed Extirpation Ordinance, 1877." [Assented to by the Governor-See Government Notice No. 66, 29th March, 1878. Confirmed by Her MajestySee Government Notice No. 119, 26th June, 1878.] No. 7, 1877-Sd. Jacob Dirk Barry]. [27th June, 1877. (1). Ordinance Constituting the Town of Kimberly a Municipality. WHEREAS it is expedient to constitute the Town of Kimberley a Municipality and to establish regulations for the same: Be it enacted by the Administrator of the Province of Griqualand West, with the advice and consent of the Legislative Council thereof as follows: I. The town of Kimberley, including all lands and property within a radius of two miles, measured from the Resident Magistrate's Court House, situated in Market Square, Kimberley, shall be, and the same is, hereby, constituted a Municipality. II. There shall be in the said Municipality a body corporate, which shall be styled, "the Mayor, Councillors, and Ratepayers of Kimberley," and by that name shall have perpetual succession, and shall have a common seal, and shall by that name sue and be sued, and shall by the Council thereof do all acts, and have and enjoy all the rights and privileges which bodies corporate, as such, may in this Province do and have. III. The Council of the said Municipality shall consist of twelve Councillors, one of whom shall be Mayor. (1). Repealed by Ordinance 17 of 1879. No. 7-1877. 1 IV. The said Municipality shall be divided into six wards to wit:- No. 1. CENTRAL WARD.-Bounded on the North by a line running from the junction of Pniel Road and Murray-street, past Kimberley Gaol to a line beyond the junction of Ward-street and Barkly-street; on the South by a line from the corner of Old de Beer's Road and Market-square to the junction of Jones-street and Market, excluding the Buildings on the North of Market-square, and thence by a line running from North to South through Jones-street to the junction of Jones-street and Dutoitspan Road, and thence in a westerly direction along the Dutoitspan Road and Barry-street to the corner of Reitzstreet; on the East by Barkly-street and Market-square to the junction of Old de Beer'e Road and Market-square, not including the buildings on the Eastern side of Marketsquare; on the West by Pniel Road, Kimberley Gaol and Reitz-street. No. 2. SOUTHERN WARD.-Bounded on the North by the Southern Limit of the Central Ward, and including all the lands South of Barry-street, east of Jones-street, South of the Market-square and Bean-street; and bounded on the South by the limit of the Municipal boundaries as aforesaid. No. 3. EASTERN WARD.-Bounded on the North and South by the limit of the Municipal boundaries as aforesaid, on the West by Giddy-street, Barkly-street and Marketsquare; on the South-west by Bean-street; on the West by Lanyon Terrace and the Gladstone Reserve. No. 4. WESTERN WARD.-Bounded on the North by the Circular Road and Greenstreet; on the West and South by the limit of the Municipal boundaries as aforesaid on the South-east by Barry-street; on the East by Reitz-street, by the limits of the Central Ward and Pniel-street. No. 5. NORTHERN WARD.-Bounded on the North and West by the limit of the Municipal boundaries as aforesaid; on the South by Green-street and the Circular Road, comprising all stands on the North side of the Circular Road and Lord-street to the junction of Giddy-street, at the corner of the Gaol buildings. No. 6. OLD DE BEER'S WARD. (including the Township of Old de Beer's and the Gladstone Reserve) -Bounded on North South and East by the limit of the Municipal Boundaries as aforesaid. V. The said Council shall from time to time, if they shall think fit, alter the boundaries of the said Wards: Provided that the Council shall, before making any such alteration, give, in the Government Gazette, and all newspapers published in Kimberley, public notice of the intention to make such alteration, and of the particular alteration intended to be made, which notice shall be published for not less than thirty-one days before any such alteration shall be made, and a copy of the same shall also be posted in some conspicuous place upon or near the Court House of the Resident Magistrate of Kimberley, and upon or near the building wherein the said Council shall meet. Provided further that such alterations shall not take effect until approved by the Governor. VI. Two Councillors shall be elected for each Ward, in manner hereinafter mentioned. VII. Every male person of full age who is the owner or occupier of any immovable property of the annual value of not less than twenty pounds sterling in any ward of the Municipality in regard to which property no municipal rate shall, at the time of any election of Councillors or a Councillor of such ward, be due and in arrear, shall be qualified and entitled to vote at such election, in respect of such ward, and shall have one vote for each candidate, or may give two votes for one candidate for such ward: Provided that the name of such voter shall appear as a ratepayer in the assessment roll of such ward which shall have been made next or latest before the election at which such person shall be elected. VIII. When any immovable property as aforesaid shall be jointly occupied by more persons than one, each of such joint occupiers shall be entitled to vote as aforesaid in case the yearly value of such immovable property shall be of an amount which when divided by the number of such joint occupiers shall give a sum of not less than twenty pounds for each and every joint occupier. IX. Persons who have been convicted of treason, murder, rape, theft, fraud, arson, perjury, or forgery, or illicit dealing in diamonds, and who shall not have received a full pardon, shall be disqualified from voting at any such election. X. No person shall be eligible to be elected a Councillor for any Ward who has not been a rated owner or occupier of immovable property of the annual value of not less than twenty pounds within the Municipality for not less than six months next before the election, or who is the owner or occupier of any such property in regard to which any municipal rate shall, at the time of the commencement of such election, be due and in arrear. Provided that different premises or properties owned or occupied in immediate succession shall satisfy this section as fully as if they had been one and the same premises or properties. XI. No person shall be deemed a candidate at any election, nor qualified to be elected a Councillor for any Ward, unless he shall have been invited to become such candidate by a requisition signed by at least three qualified voters of such ward, and shall have transmitted such requisition, with his acceptance thereof, addressed to the Town Clerk, and delivered at his office between the hours of 10 a.m. and 3 p.m., at least fourteen days before such election is appointed to take place. XII. The Town Clerk shall, at least ten days before the day appointed for the election in each Ward, cause the names of the Candidates for the election thereat, together with the names of the persons who have signed such requisition, to be published in the Government Gazette, and in all of the newspapers of Kimberley, and by affixing the notice containing the names as aforesaid in some conspicuous place upon or near the Town Hall, and upon or near the Court House of the Resident Magistrate. Provided that for the first election, and before a Town Clerk has been duly appointed, it shall be lawful for the Civil Commissioner of Kimberley to do, or cause to be done, all things necessary for the holding of such election. XIII. On the second Tuesday in the month of December in every year, an election shall take place for the Councillors for the said Municipality; provided that the first election may be held at any time, not being less than ten days after notice thereof by the XIV. The poll in every Ward shall be taken by some person, and at a place to be ap- XV. Every candidate may, if he think fit, appoint a scrutineer to see that the votes are fairly taken and recorded." XVI. The election shall take place in the following manner: Every ratepayer qualified as aforesaid may vote for any candidate in his Ward, not being more than the number to be elected for the Ward, by delivering to the polling officer a voting paper, containing the Christian and surname of the candidate or candidates for whom the elector votes; and signed by the person voting, or by polling officer at his request, and stating his place of abode and description XVII. The polling officer shall receive such voting paper, and shall register each vote. XVIII. The poll shall commence at ten o'clock in the forenoon, and shall finally close at two o'clock in the afternoon of the same day. XIX. No inquiry shall, at any election, be permitted to be made as to the right of any person to vote, except as follows: That is to say the polling officer may of himself, or at the request of any qualified householder, put to any voter the following questions, or either of them, or no other: 1st. Are you the person whose name appears as "A.B." on the voting paper now delivered in by you? 2nd. Has the last municipal rate assessed upon the immovable property now occupied, or now owned by you been paid? XX. If any person shall wilfully make a false answer to either of these questions, he shall be liable to a penalty not exceeding ten pounds, to be recovered in the Court of the Resident Magistrate. XXI. At the close of the election, the Returning Officer shall ascertain the number of votes given for each candidate, and so many candidates, to be equal to the number to be chosen, as shall have the greatest number of votes shall be declared by the Returning Officer to be duly elected. XXII. The Polling Officer shall transmit, in a sealed envelope, the voting papers given for each candidate to the Returning Officer, who shall ascertain the number of the votes given for each candidate, and so many candidates, being equal to the number to be chosen, as shall have the greatest number of votes shall be declared duly elected; and such Returning Officer shall forthwith cause a list thereof, with the numbers of the Wards for which such persons are elected, to be published in a manner hereinbefore [in Section XII. provided. XXIII. At the first election of Councillors under this Ordinance, the ratepayers shall elect, in manner herein before provided, two Councillors for each Ward, who shall enter upon their office upon a day to be appointed by Proclamation. XXIV. If any Councillor shall resign or become insolvent, or shall be convicted of any of the offences in the ninth section of this Ordinance mentioned, or shall be absent without leave from the ordinary meetings of the Council for a period of three calendar months, his office shall be declared vacant, and another Councillor shall be elected in his place and stead, in manner hereinbefore provided, who shall hold office for the remainder of the term for which the Councillor who has vacated office, and whom he shall succeed, would otherwise have remained in office. XXV. On the first Wednesday in the month of January in every year, the Council shall appoint from among the Ratepayers two persons to be Auditors to the Municipality, who shall continue in office until the same day in the year following. XXVI. No person shall be eligible as an Auditor who shall be a Councillor, Treasurer, Clerk, or other Officer of the Municipality. XXVII. If any Auditor shall resign, or be declared insolvent, or compound with his creditors, or assign his estate for the benefit of his creditors, or be convicted of any crime or offence in the 9th Section mentioned, another Auditor shall be elected in his stead, on a day to be fixed by the Mayor. XXVIII. In case of an equality of votes at any election of Councillors, the Returning Officer shall determine by lot which of the persons for whom an equal number of votes shall have been given shall be elected, in case such persons cannot be both, or all of them, elected. XXIX. On the Thursday following the first general election under this Ordinance, the Councillors then elected under this Ordinance, but none others, shall choose from among themselves, by a majority of votes, the Mayor of the Municipality, who shall hold office for one year from the 1st day of January then next ensuing, and shall, during the period of his office, be exempt from serving on any Jury summoned in Kimberley: Provided that in the interval between such first election and the 1st day of January, 1878, such duly elected Mayor shall exercise all the functions of his office. XXX. On the Thursday following the election of every new Council the Councillors so newly elected, but none others, shall choose from among themselves, by a majority of votes, the Mayor of the Municipality for the following year; and every such Mayor shall enter upon his office on the 1st day of January next after his election, and shall continue therein for one year, and shall, during the year of his office, be exempt from serving on any jury summoned in Kimberley: Provided that in case of an equality of votes at any No. 7-1877. No. 7-1877. election of Mayor, the question between the candidates so equal shall be determined by lot. XXXI. It shall be lawful for the Mayor to resign his office, provided he shall give to the Council not less than one calendar month's notice of his intention so to do. XXXII. If the Mayor shall die, or resign, or shall become insolvent, or compound with his creditors, or assign his estate for the benefit of his creditors, or shall be absent from the Municipality, without the permission of the Council for one calendar month, or shall neglect to attend the meetings of the Council for the period of three calendar months without leave, the Mayorality shall be deemed vacant, and the Council shall forthwith elect out of their own number a successor for the remainder of the year. XXXIII. No person holding any office in the gift or disposal of the Council shall, directly or indirectly, have any share or interest in any contract made by or with the Council, otherwise than as a shareholder in any bank with which such Council may transact business, or in any Joint Stock Company which shall contract with the Council for the lighting or supplying with water, or insuring against fire, any property belonging to the said Municipality; and any person contravening the Provisions of this Section shall, upon conviction, be liable to a penalty not exceeding fifty pounds. XXXIV. The Council shall have power and authority to do the following acts:— To make, alter, and keep in repair the roads, streets, dams, ditches, sewers, drains, and bridges within the limits of the Municipality. To dig, deepen, preserve, fence in and cover or fill up wells; to excavate, construct and lay water-courses, water-pipes, conduits, sluices, dams, reservoirs, aqueducts, and other works for supplying 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 take order for the prevention and extinguishment of fires, and for that purpose to provide and keep fire engines with pipes and utensils; to order, establish, hold, alter, or remove markets, and to have or purchase any land, and to erect or purchase and keep in repair any building for the same; to cause all buildings which shall be certified in writing by any three builders to be unsafe to the public to be placed in a state of security; or, if necessary, removed at the expense of the owners of such buildings; to cause all buildings used by the public capable of con taining more than three hundred persons to be provided with sufficient and proper means of egress in case of fire or other like casualty; to assize weights and measures, and appoint an officer for that purpose; to grant permits and licences for any purpose to be defined by the Municipal Regulations of the Municipality for the time being; to levy dues as hereinafter provided; and by Municipal Regulations duly approved to do any of the following acts: that is to say, to regulate the time and place for slaughtering cattle, and the state and condition of slaughterhouses, or slaughter places; to make due provision for the confining or killing of dogs, pigs, goats, and fowls; to appoint one or more competent persons to examine meat, fish, and other provisions exposed for sale, and test or analyze any drinks offered for sale, and who, in case such meat, fish, or other provisions or beverages be unfit for human food or drink, shall be empowered to cause the same to be destroyed; to prevent and abate nuisances, and generally to devise and carry out all such measures as shall appear to the advantage and convenience of the Municipality; to make regulations for the management of the common pasture lands of the Municipality, and for fixing the number and description of cattle which each ratepayer shall be allowed to depasture on such lands; to establish and provide for the management of public pounds within the municipal limits; to make due provision for lighting the streets; to assize weights and measures according to the standards in force by law; to regulate width and direction of new streets and thoroughfares; to make regulations for the licencing of carts, waggons or other vehicles plying for hire within the limits of the Municipality; to fix a tariff of charges which the owners or drivers of such vehicles may make within a radius of four miles from the Court House of the Resident Magistrate of Kimberley; to make regulations respecting hawkers and travelling traders plying their calling within the limits of the Municipality: Provided that nothing herein contained shall be deemed or taken to abolish, limit, or restrict any rights or powers now legally vested, or hereafter to be legally vested, in any Mining Board, Inspector of Mines, Mining Surveyor, or other officer lawfully appointed to exercise any functions within the mining areas of Kimberley or Old de Beer's respectively; and provided further that no due or charge for any permit or licence, or any punishment or penalty, shall be imposed by reason of anything in this section contained, unless the same shall have been imposed by some such Municipal Regulation as is in the next succeeding section mentioned. And provided further that no Municipal rate shall be levied on any claim or mining properties whatsoever. XXXV. It shall be lawful for the Council, at any meeting at which two-thirds of the members shall be present to frame, from time to time, all such Municipal Regulations as may seem fit for the good rule and Government of the Municipality. XXXVI, No Municipal Regulation shall be of force to subject any person to any fine, penalty, or payment, until it shall have been by the Council submitted to the Governor, and shall have been approved of by him with the advice of the Executive Council, and published in the Government Gazette XXXVII. After any Municipal Regulation shall have been so published as aforesaid, it shall not be necessary in any proceeding founded upon it to prove that two-thirds of the Council were present at the meeting at which it was framed, nor shall any evidence be received to prove the contrary. XXXVIII. It shall not be competent, by any Municipal Regulation, to punish the contravention thereof in any higher or more severe manner than by a fine not exceeding ten poun is: Provided that it shall be competent for any such Municipal Regulation to provide that, if the person convicted of contravening the same shall not forthwith pay the fine imposed upon him, he shall be liable to be imprisoned, with or without hard labour, for any period prescribed by such regulation: Provided, moreover, that such period must not exceed three months. XXXIX. It shall be lawful for the Municipality of Kimberley tofacquire, with the consent of the Government and also of the majority of the ratepayers first had and ob |