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FORM OF RECOGNIZANCE.

on the

No. 16-1879.

Distributor of Stamps for Form of recogday of

acknowledges

187 A. B., residing at
himself to be indebted to our Sovereign Lady the Queen, in the
sum of one hundred pounds, and C. D. and E. F. severally
acknowledge themselves to be indebted to our Sovereign Lady
the Queen in the sum of fifty pounds each, to be levied upon
their and each of their goods and lands, upon condition that
if the said A. B. shall not fraudulently dilute or adulterate
any liquors sold by him, and shall not use in the selling thereof
any measures that are not of full size, and shall not get drunk
nor knowingly permit drunkenness nor tippling on his pre-
mises, and shall not permit gambling nor shall knowingly
permit men or women of notoriously bad fame to assemble on
his premises, nor shall keep open his premises, nor permit any
drinking therein (except for the accommodation of inmates)
between the hour of nine at night and six in the morning on
any day, nor shall sell any liquors on any part of Sunday
unless duly permitted so to do by the Resident Magistrate of
the district, according to law, but shall keep good rule and
order therein by day and by night, then this recognizance to
be void, or else to remain in full force.

**When in any case the court granting the licence,
shall direct a cause to be added to this condition obliging the
licenced dealer to keep accommodation for travellers, &c., such
clause shall be here inserted, for example, thus :-" And, if,
moreover, the said A. B. shall at all times during the subsist-
ence of the licence in regard to which this recognizance is
made, keep in, or at his licenced premises for public accommo-
dation not less than bed rooms, with good beds and
stabling and forage for not less than
horses (add any
other matters agreed upon), then this recognizance to be void,
or else to remain in full force.

If the court should in any case or cases determine that sales of liquor should cease at hours earlier or later than those mentioned in the form of recognizance, then the hour fixed upon shall be authorized for the hour mentioned in the above form.

To

FORM OF WARRANT FOR DISTRESS AND SALE.

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nizance.

Form of warrant for distress and

Messenger of the Court of the Resident sale.
(or in case the warrant be issued by a
"the person to whom the

Magistrate of
Justice of the Peace, "to
warrant is directed). Whereas (name of the offender) of
was on this day (or on the day of

18 ), con

victed before me of contravening the Ordinance No. 16 of 1879, and was duly adjudged to forfeit as a penalty the sum of £;

No. 17-1879 this is therefore to authorize and require you that of the goods

Form of warrant of committal.

and chattels of the said

raised the sum of £

you cause to be levied and with the cost of such conviction amounting to the further sum of £ , together with your charges about the same, and return to the Clerk of this Court (or when a warrant is issued by a Justice of the Peace say "return to me") what you have done by virtue hereof, for which this shall be your warrant.

Given under my hand at
(Signed)

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this day of 18 Resident Magistrate or Justice of the Peace, (as the case may be).

Clerk of the Court (this is to be omitted when

the warrant is issued by a Justice of the Peace.)

FORM OF JUSTICES' WARRANT FOR COMMITTING AN OFFENDER

TO PRISON.

To the Gaoler or keeper of Her Majesty's Gaol, at Whereas (name of offender), has been this day adjudged by me to forfeit and pay the sum of £ for contravening the Ordinance No. 16 of 1879, but has not paid, or secured the payment of the said sum, this is therefore to require you to receive the said into your custody, and him safely to keep for the space of (state the period of imprisonment), now, next ensuing, unless the said sum of £

shall be

Preamble.

sooner paid or levied.

Given under my hand this

(Signed)

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[Assented to by the Governor, see Government Notice No. 11, 6th February, 1880.]

No. 17 of 1879.-Sd. J. P. DE WET.] [December 17, 1879. Ordinance for the better Regulation of the Municipality for the Town of Kimberley.

HEREAS the Ordinance No. 7, 1877, "Constituting the Town of Kimberly a Municipality," requires to be altered and amended.

AND WHEREAS it is convenient that all the Provisions respecting the said Municipality should be contained in one Ordinance, and it is therefore expedient to repeal the said Ordinance No. 7, 1877, and to re-enact the Provisions of the said Ordinance, or such of them as it may be deemed right and proper to continue.

I. BE IF THEREFORE enacted by the Administrator of No. 17-1879. the Province of Griqualand West, with the advice and con- ord. 7 of 1877 sent of the Legislative Council thereof, that the said Ordin- repealed. ance No. 7 of 1877 be repealed, and the same is hereby re

pealed accordingly.

nicipality.

II. From and after the promulgation of this Ordinance Kimberley a Muthe 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: Provided that in the direction of Dutoitspan and Bultfontein the said radius shall be restricted to the ridge Extent. running across the Dutoitspan Road, at or near the present Toll Bar.

Corporation.

III. There shall be in the said Municipality a body cor- Style of Town porate, 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.

IV. The Council of the Municipality shall consist of a Town Council. Mayor and Town Councillors, to be elected as hereinafter provided; and it shall be competent for the Council to pay from and out of the funds of the Municipality, to the Mayor Mayor's Tab as long as he shall hold office, a sum of money not exceeding Two Hundred and Fifty Pounds Sterling per annum as Table Allowance.

Money.

vided into Wards

V. The said Municipality shall be divided into six Municipality diWards, to wit:-No. 1. Central Ward, bounded on the north by a line running from the junction of Pniel Road and Murraystreet, 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, excluaing the buildings on the south 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 Reitz-street; on the east, by Barkly-street and Market-square to the junction of Old de Beer's Road and Market-square, not including the buildings on the east side of Market-square; on the west by Pniel Road, Kimberley Gaol, and Reitz-street.

X

No. 17-1879. No. 2. Southern Ward, bounded on the north by the southern limit of the Central Ward, and including all the land 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.

Council may

of Wards.

No. 3 Eastern Ward, bounded on the north and south by
the limits of the Municipal boundaries as aforesaid; on
the west by Giddy-street, Barkly-street, and
Market-square; 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 Circular
Road and Green-street: 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-
Road.

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,
the corner of the Gaol Buildings.

No. 6. Old de Beers' Ward (including the Township of Old de Beer's and the Gladstone Reserve), bounded on the north, south and east by the limits of the unicipal boundaries as aforesaid.

VI. The said Council may from time to time, if it shall alter boundaries think fit, alter the names and boundaries of the said Wards; and may, if the increase of the population render it necessary, increase the number of the Wards from six to any number, as to such Council may seem expedient, and for that purpose may alter or wholly change the boundaries and limits of any Ward or Wards then existing: Provided, however, that, in case of an increase in the number of Wards having taken place, it should afterwards be deemed desirable to reduce such number it shall be competent for the Council to do so; provided that the number of Wards in such Municipality shall not be reduced below six, and that the reduction shall not take place unless resolved. on by a majority of Councillors, at a meeting especially convened for that purpose, of which one month's prior notice has been published in the "Government Gazette" and other local newspapers, and at which not less than three-fourths of their number are present, and that such resolution shall receive the sanction of the Governor or Administrator, and, in the event of such reduction, then the boundaries and limits of such Wards may be altered or

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wholly changed: provided that in every case in which the No. 17–1879. Wards shall be increased as aforesaid, the Councillors shall also be increased in number at the election next following the time of such increase of Wards, held for the election of Councillors, so that there shall be two Councillors for every Ward, and for each additional Ward created as aforesaid;" and in every case in which, after the Wards shall have been increased, they shall again be reduced, then, at the election of Councillors next following the time of such reduction, there shall be a proportionate reduction also in the number of such Councillors, so that no more than two Councillors shall be elected for each Ward.

VII. Two Councillors shall be elected for each Ward, in Two Councillors manner hereinafter provided.

for each Ward.

vote as House

VIII. Save as hereinafter excepted, every male person who entitled to of full age, who is the owner or occupier of any immovable holder. 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: Provided that at any general election, after the passing and promulgation of this Ordinance, he may give two votes for one candidate for such Ward; and provided that the name of such voter shall appear on the Voters' List, in manner hereinafter provided.

parate house

IX. When any immoveable property, as aforesaid, shall Joint occupiers be jointly occupied by more persons than one, each of such regarded as sejoint occupiers shall be entitled to vote as aforesaid, in case holders. 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.

from voting.

X. Persons who have been convicted of treason, murder, Whodisqualified rape, theft, arson, fraud, 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.

frame Voters'

XI. On or before the first day of October, in every year, Town Clerk to the Town Clerk shall make, or cause to be made, a true roll Roll. in alphabetical order of all men qualified to vote at the election of Councillors for the Municipality, setting forth the name of each person at full length, the place of his abode, his business or quality, the nature of his qualification, and the Ward or Wards in which he is entitled to vote, in the form set forth in the Schedule hereunto annexed marked A.(1)

(1) For Form of Schedule see Ord. No. 10 of 1880.

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