LXXVII. When the Council shall have announced in No. 17-1879, the local papers the day on which any rate duly assessed un- Payment of rate der this Ordinance will have become due and payable, it shall be incumbent upon all persons liable to such rate to pay the amount thereof so due to any person whom the Council may have authorised to receive the same, on or before the day fixed in the said announcement for the payment of the same, on pain of being forthwith liable to legal proceedings, at the suit of the Town Clerk in the name and on behalf of the Mayor, Councillors and Ratepayers of Kimberley, or other duly authorised person for the recovery of the amount: Pro- Occupier vided, also, that any occupier who shall have paid any such recover rate shall be entitled to recover the same from the owner, unless there be any agreement to the contrary.

owner.

may

from

LXXVIII. The Council may, in suing for the recovery In case of abof rates, proceed against the owner, or in case of his absence sence of owner. from the Province, his agent or the person receiving rents from him, or the occupier, either separately or both of them, in one and the same action, each for the whole rate in any competent Court, and recover the same by the judgment and process of the Court: Provided that no occupier of any immoveable property shall be liable for any rate which had become due and payable thereon at any time before he entered on the occupation thereof; and provided, further, that any person who, as occupier may have become liable for any rate as aforesaid, shall be liable for the payment of the same, although he may have ceased to occupy the property in respect of which the rate had been imposed.

rates in arrear.

LXXIX. The Council shall, once in every year, publish Publication in all the local newspapers, a statement of every sum in arrear, and of the property in respect of which the same is due.

of

LXXX. The first Valuation to be made as aforesaid, for Duration of first the purpose of this Ordinance shall subsist, and be in force valuation. for two years from the date of the same; at the expiration of which term, and of each successive term of two years, a fresh valuation shall be made in the same manner as hereafter directed with regard to the first Valuation.

building.

LXXXI. În case any new building shall be erected dur- Valuation of new ing any such period of two years, or in case of any addition to, or alteration of, any building then already rated, increasing the value thereof, the Council shall proceed to have the land and such building thereon valued or re-valued, as the case may be, in the same manner as is hereinbefore provided with regard to the first valuation; and after such valuation is completed, the property so valued or re-valued shall be in the same plight and condition as to future rates, if it had been included in the first, or then proceeding general Valuation.

No. 17-1879

Town Clerk to keep accounts.

LXXXII. The Town Clerk, shall in books to be kept for that enter true accounts of all sums of money by purpose, him received, and of the several matters in respect whereof such small sums shall have been received, and shall pay over the same immediately to the Treasurer of the Municipality, and shall further enter in the said books true accounts of all payments or petty disbursements made by him on behalf of the Municipality, and of all payments made by drafts on the said Treasurer. All such accounts with all vouchers and Treasurer to for- papers relating thereto, together with a full abstract or balance balance sheet thereof, shall yearly, at such times as the Council shall appoint, be handed by him to the Auditors, and to such members of the Council as the Mayor shall name for the purpose of being examined and audited, and such abstract or balance sheet when found correct, shall be signed by the Auditors, and shall be forthwith published by the Town Clerk in one or more of the local papers.

nish

sheet.

Fines and penalties prosecuted for.

cution.

LXXXIII. All fines or penalties imposed by this Ordito be nance, or by any Municipal regulations made by virtue thereof, shall be prosecuted for in any competent Court by the Council by the name of "the Kimberley Town Council," and shall, when recovered, be paid to the Treasurer of the Municipality for municipal purposes; Provided that no such prosecution as aforesaid shall be commenced later than three months from and after the date of the act or omission upon which such prosecution shall be grounded: and provided, further, that Costs of prose- the Resident Magistrate for Kimberley, aforesaid, whenever he shall impose a fine or penalty for any such contravention, shall order such persons to pay the cost of prosecution; such costs to be taxed according to the tariff for civil cases, in Schedule B to Ordinance No. 13 of 1874; and to be recoverable by writ issued out of the Magistrate's Court, in like manner as is provided in civil cases in the Magistrate's Summary citing Court, Act No. 20, of 1856; and to avoid the provisions Mugi- of any municipal regulations being evaded it shall be competent for any officer of the local constabulary force or municipal officer personally cognizant of the contravention of any such regulation by any person, or on production or delivery to him of an affidavit duly sworn before a Justice of the Peace by any individual containing information that any regulation has, to his knowledge, been contravened, and stating the date of such contravention, to cite such person to appear before the Resident Magistrate or Police Magistrate for the purpose of having such contravention immediately Security for, or thereafter heard and determined; and unless such person of, shall give security for his appearance not exceeding the maximum penalty imposed in and by the said regulation for the offence such officer shall be justified in detaining him

before

strate.

payment penalty.

until the hearing of the charge, or he may release such No. 17–1879, offender with the sanction of the Mayor or the Town Clerk on payment of the penalty provided in such regulation.

sives.

LXXXIV. The storing of kerosine, dynamite, gun- Storing of explo powder and other explosive material shall not be permitted, except by Her Majesty's Government, for public purposes in such places as may be approved by Her Majesty's officers, or by other persons in such places as may be approved of and licensed by the said Council for that purpose.

within Munici

LXXXV. So soon as any burial-ground, or portion Burial -grounds thereof, within the limits of the Municipality shall become pal limits. so crowded as to likely, in the opinion of two-thirds of the Council, to become dangerous to the public health, the Council shall be empowered to give three months notice that burials therein shall cease, and, after the expiration of the said term of three months, any person causing any interment to be made therein shall be liable, on conviction, to a fine not exceeding fifty pounds, to be recovered in any competent Court.

&c.

LXXXVI. Any owner or occupier of land within the Uncovered wells limits of the Municipality, wherein is any well uncovered or unfenced so as to occasion danger to life, who shall fail, refuse, or neglect to comply with any written orders from the Council, directing him either to fill in, cover or fence in such well within the time specified in such notice, shall be liable to a penalty not exceeding ten pounds for every day he shall so fail, neglect, or refuse, to comply with such written orders as aforesaid, such penalty to be recovered by the Council in any competent Court; and the said Council shall be empowered to cause entry to be made on the said land, and to fill up, cover, or fence in such well or wells, and the cost of such works shall, in the first instance, be defrayed out of the funds of the Municipality, and shall be recoverable from such owner or occupier in addition to such penalty as aforesaid.

66

of term "r.te

payer."

be

LXXXVII. In every case in which it is by this Interpretation Ordinance provided that the consent of the majority of rate- of term payers shall be first had and obtained for the purpose of carrying out any of the provisions hereof, the word ratepayers shall mean and be understood to refer only to such ratepayers as are entitled to vote for Councillors under the provisions of this Ordinance; and for the purpose Meeting of recording their votes, the said ratepayers shall be sum- called. moned to appear at a public meeting, by notice published in the Government Gazette, and in all the local newspapers, if any published within the Municipality and also by notice affixed in some conspicuous place upon or near the Town Hall, at least twenty-one days previous to the holding of such meeting, which notice shall clearly set forth the object of such meeting, and the time and place for holding the

Demanding

poll.

a

No. 17-1879. same; and at every such meeting it shall be lawful for any two or more of the duly-qualified ratepayers present to demand a poll of the ratepayers entitled to vote, which poll shall be taken on a day to be fixed by the Mayor, not later than seven days from the date of the meeting, of which day not less than three days notice shall be given in all the local papers, if any, and which poll shall commence at 10 o'clock a.m., and be closed at 3 o'clock p.m. of such day.

Restrictions

of property.

a8

LXXXVIII. Nothing herein contained shall extend, to private rights or be construed to extend to injure or impair the rights of property which any person or persons may have in or to or in respect of any of the matters or things aforesaid; and in every case in which any such Councillors as aforesaid shall commit any act under and by virtue of this Ordinance, or of any Municipal regulations by which the right of property of any person or persons is injured or impaired, such Councillors shall be liable to make compensation to such person or persons for the same. Provided, always, that nothing herein contained shall be deemed construed or taken Councillors not to extend to render the said Councillors personally, or any of personally liable their goods and chattels (other than such as may be vested in them in pursuance of this Ordinance) liable to the payment of any sum of money as or by way of compensation or satisfaction in the cases in which such compensation or satisfaction is hereby directed to be made by the said Councillors.

Restrictions as LXXXIX. Nothing in this Ordinance contained shall to mining areas, be construed so as to authorize the said municipality to depositing floors tipping sites, &c. exercise any of the powers acquired therein within any

Short title.

mining area at present existing or which may hereafter be created; or so as to interfere with the rights and privileges of the claimholders of any mine at present existing or which may hereafter be proclaimed, on their depositing floors, whether such depositing floors are situate within or without any such mining area as aforesaid; or with the rights of the Government or any Mining Board, proprietor or claimholder of any mine on any tramways, tipping sites, roads or other works connected with such mine, whether the same do at present exist or shall hereafter be constructed or fixed, or are situate or constructed within or without any such mining area as aforesaid.

XC. This Ordinance may for all purposes be cited as "The Kimberley Municipality Amendment Ordinance, 1879." (1) [Assented to by the Governor-See Government Notice No. 89, 3rd June, 1880. Confirmed by Her Majesty-See Goverement Notice No. 128, 5th August, 1880.]

(1) Schedule to Ordinance No. 10-1880, to stand as Schedule to this Ordinance. See Ordinance No. 10-1880 $ 1.

No. 1 of 1880..-Sd. J. Rose Innes.]

[Feb. 3, 1880. No. 1-1880.

Ordinance to provide for the establishment of a Toll Bar at

at or near the junction of the Modder and Riet Rivers,
within the Province of Griqualand West.

WHEREAS it is expedient that a Toll Bar be estab- Preamble.

lished and declared at or near the junction of the

Modder and Riet Rivers, commonly called Junction Drift, for the purpose of meeting the expense connected with repairing the said Drift and keeping the same in good order:

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:

1. From and after the promulgation of this Ordinance Toll established a Toll Bar shall be, and the same is hereby established on the atJunction Drift Postal Road as defined by Proclamation No. 55, of the 14th October, 1872, at or near the junction of the Modder and Riet Rivers, commonly called Junction Drift; and such person or persons as shall be authorized by the Government so to do, shall be entitled to demand and receive at such Toll Bar the several tolls which in and by the Schedule hereinunder set forth are mentioned as the tolls to be demanded and received at such Toll Bar.

SCHEDULE (1).

TOLL-RATES PAYABLE AT JUNCTION DRIFT. 1.-Upon each wheel of every four wheeled vehicle, not provided with a break

2. Upon each wheel of every such vehicle provided
with a break, and upon each wheel of any two-
wheeled vehicle..
3.-Upon each horse, mule or ass, employed in
drawing a vehicle

4.-Upon each head of horned cattle employed in drawing a vehicle ..

5.-Upon each horse, mule or ass, not employed in drawing a vehicle

6. Upon each head of horned cattle not employed in drawing a vehicle..

7.-Upon every sheep, goat or swine

1

0

[Assented to by the Governor, see Government Notice, No. 80, 18th May, 1880. Confirmed by Her Majesty, see Government Notice, No. 98, 24th June, 1880.]

(1) See Ordinance No. 15 of 1880, which establishes a toll-bar a Scholtz's Dam in lieu of Junction Drift.