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No. 8-1879.

XLVII. In case any Railway, which may require a junction with the Railway hereby authorized, shall be constructed either by the Provincial Government or by any Company other than the Griqualand West Railway Company (Limited), the Provincial Government or such other Company as aforesaid shall be and they are hereby authorized to run engines, carriages, and trucks, properly constructed, upon and over the said Railway, and also to use the stations which may be constructed for the purposes thereof, subject to such regulations, and to the payment to the Griqualand West Railway Company (Limited) of such charges or rates as may be agreed upon by the Governor, or such other Company as aforesaid, and the Griqualand West Railway Company (Limited): And in cases of disagreement thereon, then subject to such regulations and to the payment to the said Company of such charges or rates as shall be fixed aud determined by three impartial persons, one to be appointed by the Governor or such other Company as aforesaid, one by the Griqualand West Railway Company (Limited), and before proceeding in the arbitration, a third by the two so appointed. And a decision of the said three persons, or a majority of them, shall be final and conclusive on the matters referred to them, the cost of any reference under this section, or under the 34th section, to be in the discretion of the arbitrators.

XLVIII. The Railway shall not be open for traffic until the certificate of some Engineer or other Officer appointed by the Government shall have been obtained, at the expense of the Company, that the same is sufficiently completed for the safe conveyance of passengers.

XLIX. So soon as it shall be made to appear that the line of Railway is in a fit condition for traffic, the Directors for the time being shall frame a tariff of charges for the conveyance of passengers and goods; and such tariff shall be subject to the approval of the Governor, and be published in the Government or Official Gazette, and one or more of the papers published in Kimberley for general information: Provided always that the rates so chargeable may from time to time be altered by the said Directors, with the consent of the Governor, and further that the Directors shall be entitled to recover by legal process all such charges as shall be in force for the time from the owners of goods, articles, or things conveyed by the Company on the said line, and shall moreover have the right of retaining such goods, merchandise, articles, or things, or any other goods, articles and things which may be in their possession belonging to such owners as aforesaid, or to the person or persons liable for such charges or rates, until the same shall have been paid; and further on his or their failing to pay, on demand, the said charges or rates, it shall and may be lawful for the Company to sell by auction at Kimberley all or any of such goods, articles or things as aforesaid, and out of the money arising from such sale to retain the rates or charges payable as aforesaid, and all charges and expenses of such detention and sale, rendering the overplus, if any, and such goods as may remain unsold to the person or persons entitled thereto : Provided that fourteen days' notice of such sale shall be given in the Government or Official Gazette, and in one or more of the newspapers published in Kimberley.

L. Any person, who shall wilfully injure, damage, disturb, obstruct, or interrupt any building, line of telegraph, erection, or other work or works, or shall obstruct, hinder, or prevent the forming, constructing, completing, or maintaining the works contemplated by this Act, shall, upon conviction, forfeit, for the use of the said Company, a sum not less than £5 nor more than £100, or be imprisoned, with or without hard labour, for any period not exceeding six calendar months or to both fine and imprisonment.

LI. The provisions of the first, second, aud twenty-first sections of the Regulation of Railways Act, 1861, of the Colony of the Cape of Good Hope, shall be applicable and extended to such Bye-Laws as the said Provisional Committee or the Board of Directors may deem it necessary or advisable to make, restricting the conduct of persons employed by the said Company, in conducting the management of the said Railway.

LII. The Resident Magistrate of the district of Kimberley shall have jurisdiction to ry all Offenders under this Ordinance, notwithstanding the same shall have been committed in any other district, and if any person or persons neglect or refuse to pay any rate or sum imposed in accordance with the tariffs in this Ordinance mentioned, the Company may recover the same with costs and damages in the Court of such Resident Magistrate.

LII. It shall be lawful for the said Company to exercise all and singular the powers and authorities by this Act conferred upon the said Company by or through the instrumentality of any Agent in this Province, appointed under the seal of the said Company to be the Agent of the said Company in this Province: Provided, that notice of every appointment of any such Agent, and of his name and address in this Province, shall be from time to time published in the Government Gazette.

LIV. This Ordinance may be cited for all purposes as the "Griqualand West Railway Company (Limited) Ordinance, 1879."

[Assented to by the Governor-see Goveroment Notice No. 1 8, 10th July, 1879. Disallowed by Her Majesty see Government Notice No. 60, 19th April, 1880.]

Preamble.

No. 8 of 1879.-Sd. Charles Warren.]

[21 March, 1879.

Ordinance to alter the Boundaries of the Divisions and
Districts of the Province of Griqualand West.

WHEREAS it is expedient to alter the present Boun

daries of the Divisions and Districts of the Province

of Griqualand West, and also to give power to the Governor No. 8-1879. to alter by Proclamation the said Boundaries from time to

time should occasion require:

Be it enacted by the Administrator of the Province of Griqualand West, by and with the advice and consent of the Legislative Council thereof, as follows:

repealed.

I. The provisions of Proclamation No. 69 (1), by His Proclamations Excellency Sir Henry Barkly, dated the 27th of October, 1871, and of certain other Proclamations by His Excellency Sir H. Barkly, Nos. 22 and 24, dated 5th of July, 1873, or of any Law, Ordinance, Proclamation, or enactment of whatever nature in so far as the same may conflict with the provisions of this Ordinance in respect of the Boundaries of the Divisions and Districts hereinafter mentioned, are hereby rescinded and repealed.

of

the several Divi

II. The boundaries of the fiscal divisions and magisterial Boundaries districts of Kimberley, Barkly, Upper Hay, and Herbert, sions and Disand the boundaries of the electoral districts of Barkly, Kim- ticts of the Proberley, and Hay shall for the present, and subject to the provisions of Section VIII, be as is hereinafter declared.

vince.

III. Division and District of Barkly.-The said division Barkly. and district shall for fiscal, magisterial, and electoral purposes (save as in Section II mentioned) comprehend the tracts of country included within the following boundary lines:From a point where the eastern extremity of the northern boundary line strikes the Vaal River, down the centre of the Vaal River until opposite the north-east beacon of Pniel farm, thence on east of Pniel to the common beacon of Pniel, Platfontein and Nooitgedacht, thence on in a straight line across the Vaal River to the common east beacons of 4 and 5, thence along the south west boundaries of farms 5, 66, 88A to 83A, thence on east of 51A and along the south western boundaries of farms 51A to 66A, thence north-east along the Boundary line of the Province to the Vaal River.

IV. Division and District of Kimberley.-The said Kimberley. Division shall, for fiscal, magisterial, and electoral purposes (save as in Section II mentioned) comprehend the tracts of country included within the following boundary lines: On the south the Riet River, on the west the Vaal River, on the east the Boundary Line, on the north the Barkly District.

V. Division and District of Upper Hay.-The said Upper Hay. division and district shall, for fiscal and magisterial purposes (save as in Section II mentioned) comprehend the tracts of country included within the following boundary lines :—On the east the Vaal River, on the south the Orange River, on

(1) No. 3, p. 6.

No. 9-1879.

Herbert.

Hay.

may

Governor
by Proclamation

alter ries.

the north the Barkly district. on the west the Boundary Line.

VI. Division and District of Herbert.-The said division and district shall, for fiscal and magisterial purposes (save as in Section II mentioned) comprehend the tract of country included within the following boundary lines:-On the north the Kimberley District, on the west the Upper Hay District, on the south the Orange River, on the east the Boundary Line.

VII. The Electoral District of Hay shall include and comprise the tracts of land included within the boundaries of the fiscal divisions and magisterial districts of Upper Hay and Herbert, as in Sections V and VI respectively defined. VIII. It shall and may be lawful for the Governor by Bounda- Proclamation from time to time, as occasion may require, to alter, change, or vary, either wholly or in part any of the boundaries defined by this Ordinance, and upon such Proclamation the boundaries existing at the date of the promulgation thereof shall be taken to be modified, varied, or altered in such manner and to such extent as in the said Proclamation is defined and declared, and the boundaries defined and declared in such Proclamation shall for the time being, and until lawfully altered, be the true and lawful boundaries of the said Divisions and Districts respectively.

Short Title.

Preamble.

Divisional Coun

cillors to be elec

Fiscal Divisions.

IX. This Ordinance may be cited for all purposes as "The Griqualand West Division and District Boundary Ordinance, 1879."

[Promulgated by Government Notice No. 64, 27th March, 1879. Assented to by the Governor-See Government Notice No. 127, 10th July, 1879. Confirmed by Her Majesty -see Government Notice No. 186, 12th September, 1879.]

No. 9 of 1879-Sd. CHARLES WARREN.] [27th March, 1879.
Ordinance to provide for the Establishment of Divisional
Councils in the Province of Griqualand West.

WHEREAS it is expedient to provide for the establish

ment of Divisional Councils in the Province of Griqualand West.

Be it enacted by the Administrator of the Province of Griqualand West, by and with the consent and advice of the Legislative Council thereof, as follows:

I. So soon as may be after the taking effect of this ted in the several Ordinance, elections of Divisional Councillors shall take place in the several Fiscal Divisions into which the Province of Griqualand West was divided by Ordinance No. 8 of 1879; and all and singular the provisions of the Acts of the Colony

of the Cape of Good Hope relating to Divisional Councils No. 10-1879. shall, from and after the taking effect of this Ordinance, as far as may be, apply to the said Divisions of the said Province, and to election of Divisional Councillors therein as aforesaid; and where in any of the said Acts, any dates or times are fixed for the performance of any matter or thing relating to the nomination or election of Divisional Councillors or otherwise, it shall be lawful for the Governor, in regard to the first election of Councillors for such Divisions which shall take place under this Ordinance, to fix such dates and times as to him may seem fit.

be elected Mem

bers of Divisional

Councils.

II. Until the land in this Province shall have been Who qualified to valued for assessment for road purposes, every person registered as a voter for the said Province, or for either of the Electoral Districts formed under Ordinance No. 8 of 1879, or being a lessee in actual occupation of Crown Lands under the Provisions of Ordinance No. 3 of 1874, and not being disqualified as in the 14th Section of "The Divisional Councils Act, 1865," shall be competent to vote for the election of Divisional Councillors, and be eligible to be elected as a member of the Divisional Council of the Fiscal Division in which he shall be either the owner of land under quitrent tenure, or such lessee as aforesaid: provided, however, that no person qualified as aforesaid shall be allowed to be a member of more than one Divisional Council of the said Province, at the same time.

III. This Ordinance may be cited for all purposes as Short Title. "The Divisional Council Ordinance, Griqualand West, 1879."

[Promulgated by Government Notice No. 64, 27th March, 1879. Assented to by the Governor-see Government Notice No. 157, 7th August, 1879. Confirmed by Her Majesty see Government Notice No. 207, 3rd November, 1879.]

No. 10 of 1879.-Sd. C. WARREN.]
[1 April 1879.
Ordinance to amend Ordinance No. 16 of 1874, entituled
"An Ordinance to empower the Governor of Griqualand
West to do all such things as may be necessary to pro-
cure the extension of the operation of Act No. 16 of
1873, of the Colony of the Cape of Good to the Province
of Griqualand West, and also to regulate the admission
of Barristers, Attorneys, Notaries and Land Surveyors
to practice in the said Province."

WH

HEREAS it is expedient to amend Ordinance No. 16 Preamble. of 1874, entituled "An Ordinance to empower the Governor of Griqualand West to do all such things as may be necessary to procure the extension of the operation of Act

No. 10-1879. No. 16 of 1873, of the Colony of the Cape of Good Hope to the Province of Griqualand West, and also to regulate the admission of Barristers, Attorneys, Notaries, and Land Surveyors to practice in the said Province":

Clause V of Or

dinance No. 16

Be it enacted by the Administrator of the Province of Griqualand West, by and with the advice and consent of the Legislative Council thereof, as follows:

I. Clause V., of the said Ordinance No. 16 of 1874 is of 1874 repealed. hereby rescinded and repealed, and the following Clause substituted in lieu thereof:

Act 12 of 1858

ble.

II. The provisions of Act 12 of 1858 of the Colony of the how far applica- Cape of Good Hope shall, mutatis mutandis, be held applicable to the said Province, save and except that wherever the words "board of public examiners" occur the words "Council of the University of the Cape of Good Hope" shall be taken to be substituted; and in Section VI and VIII of said Act, the words "of not less than seven years," wherever they occur, shall be omitted; and provided that nothing in the said Act shall be taken to abrogate, rescind or repeal any of the provisions of the Proclamation of His Excellency Sir Henry Barkly, K.C.B., &c., &c., regulating admission to practice as a Conveyancer, and bearing date the 23rd day of August, 1872, and provided further that persons who may have at any time served, under articles, to any attorney of the Supreme Court or Court of the Eastern Districts of the Colony of the Cape of Good Hope, for any less period than that required by law, shall, on serving continuously for the residue of the period so required, under articles, to any Attorney of the High Court of Griqualand be entitled to admission as Attorneys of the High Court of Griqualand, as if they had served the whole period so required in the said Province; provided always that such mixed service shall be as far as possible continuous, and that there shall not, in any case, have elapsed a period of more than twelve months between the end of one portion and the commencement of the other; and provided further that any person who shall have Clerks of the held the office of Clerk of the Peace in any division within Peace in Cape the Colony of the Cape of Good Hope for any period not less than five years continuously, and who, by virtue of such office shall have been entitled to practise as an Attorney of the Circuit Court within such division, and who shall not have been dismissed from such office, shall be entitled to admission as an Attorney of the said High Court of Griqualand; And provided further that any person of good characAt-ter who shall have been admitted and enrolled as one of the attorneys of the High Court of the Transvaal, and who shall have either previous or subsequently to having been so admit

Colony.

Transvaal torneys.

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