1

out provisions of

nor to do so.

III. If any such Mining Board, officer, committee, or No. 11-1880. other body as aforesaid refuse or neglect to carry out the If Mining Board, provisions in the first section of this Ordinance set forth, or &c., fail to carry if it appears to the Governor that the system adopted and section I, Goverenforced by any such Mining Board, officer, committee, or body is defective or incomplete, and that a more effective and complete system could be adopted and enforced, it shall be lawful for the Governor to frame such rules and regulations for the purpose aforesaid, and to impose such fines and penalties for the disobedience of the same as to him shall seem fit, and to proclaim such rules and regulations, together with the fines and penalties for disobedience of the same, to be in force in those mines and diggings where no system or a defective system as aforesaid has been enforced, and such rules and regulations shall thereupon have the force of law in such mine or digging, and all fines and penalties as aforesaid shall be recoverable in any Magistrate's or additional Magistrate's Court for the district in which such mine or digging is situate.

for increase and

IV. It shall be lawful for the Governor (1) by proclama- Governor to tion from time to time to make such provision for the in- make provision crease, maintenance and efficiency of the Detective Force maintenance of of the Province, and to attach such salaries and emoluments to the offices comprised in such Detective Force as to him may seem meet.

Detective Force.

&c., to bear cer

ing up Detective

V. (2) It shall be lawful for the Governor to set apart and Mining Boards, devote a certain portion of the Police and Detective Forces tain portion of of the Province entirely to the suppression and detection of expense of keepthe illicit traffic in diamonds, and to the enforcement of the Force. provisions of Ordinances (3) No. 4 of 1877, No. 8 of 1880, and this Ordinance respectively, but the balance of the expense incurred in keeping up and maintaining such portion of the Police and Detective Forces, after a deduction therefrom of all fines (if any) recovered under the provisions of sections 2, 3, 9, 11, 13, 15, 18, and 20 of Ordinance No. 4 of 1877, and of sections 2, 8, 15, and 16 of Ordinance No. 8 of 1880, and of any of the rules and regulations made under the provisions of this Ordinance, shall be borne by, and be a charge against, the various Mining Boards, committees, or representative bodies of such mines and diggings as aforesaid, in such proportion as the Governor shall by proclamation from time to time determine upon.

clause.

VI. In the interpretation of this Ordinance the word Interpretation "Governor," wherever it occurs, shall be taken to mean the Governor, Lieutenant-Governor, Administrator, or other

(1) John Larkin Fry appointed provisionally Chief of the Detective Force in Kimber

ley by Proclamation 67 of 4 May, 1882.

(2) See Section 65 of Act 43 of 1882 which provides how this Section is to be read. (3) Nos. 4 of 1877 and 8 of 1880 have been repealed, since this was put into type, by the Diamond Trade Act 48 of 1882. See Section 65 of that Ordinance. A A

No. 12-180. officer for the time being administering the Government of this Province; and the word "servant" shall not be taken to include managers or sub-managers employed in and about mines and diggings.

Short title.

Preamble,

Directors may

tracts, appoint

miss them in

VII. This Ordinance may be cited for all purposes as "Prevention of Diamond Thefts Ordinance, 1880."

[Assented to by His Excellency the Governor, see Government Notice, No. 157, 13th October, 1880. Confirmed by Her Majesty, see Cape Government Notice, No. 33, 10th January, 1881.]

No. 12 of 1880.-Sd. J. Rose Innes.]

[July 30th, 1880. Ordinance to grant certain rights and powers to the Kimberley Water Works Company (Limited).

WHEREAS a certain Company entituled "The Kim

berley Water Works Company (Limited)" has been formed and incorporated in the City of London, in the county of Middlesex, England, under and by virtue of the provisions of the Companies' Acts 1862 and 1867, for the purpose of taking and conducting-by means of Water Pipes, Sluits, Cuttings, or otherwise-Water from the Vaal River to the Townships of Kimberley, Dutoitspan, Old De Beer's, and Bultfontein, and the rest of the Division of Kimberley

And whereas the said "Kimberley Water Works Company (Limited)," has been duly registered as a Joint Stock Company of London, under and by virtue of the provisions of the aforesaid "Companies' Acts 1862 and 1867

And whereas it is expedient and necessary that certain rights, privileges and powers should be granted to and vested in the said Company for the furtherance and carrying out of the purposes aforesaid :

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

I. The Board of Directors of the said Company are enter into con- hereby empowered to enter into Contracts, not only in the Officers and dis- name of the said Board, but by and through any General their own name Manager, Resident Director, or other Agent or Agents, duly or through agent authorized thereto by a Power of Attorney under seal from the said Board for the supply of works or materials necessary for the construction, maintenance, and working of the Water Works in this Ordinance mentioned, and in like manner may also, from time to time, appoint and employ engineers, overseers, masons, carpenters, excavators, or such other workmen as the said Board or the said Manager or Director or other Agent may deem necessary for carrying out the provisions of this Ordinance, and also remove or dismiss any such persons and employ others in their stead, and fix the duties an 1 salaries of all such persons.

II. The right to, and property in, all and singular the No. 12-1880. earthworks, bridges, culverts, materials, rolling stock, reservoirs, dams, pipes, sluits, water-courses, and everything Property vested appertaining to the said Water Works, constructed under this Ordinance, shall be vested in the said Company.

in Company.

empowered

to

III. So soon as the whole of the Capital of the Company shall have been subscribed, and not less than one-half thereof shall have been paid up and expended, it shall be Directors when lawful for the Directors, from time to time, when duly borrow money. authorized thereto by the Shareholders at a Special Meeting for that purpose convened, to borrow money on security of the undertaking, including all and singular the property mentioned in the preceding section, and the future calls on the Shareholders, and of the expected earnings of the said Waterworks, the interest upon such loan to be a first claim upon the nett profits of the Water Works.

take and convey water from Vaal

of water pipes.

IV. It shall and may be lawful for the said Company to construct and work the Water works herein before mentioned, and to take, collect, impound, divert, appropriate, Company may and convey from a certain point on the Vaal River in this Province, distant about seventeen miles from Kimberley, River. and situate on the farm Drooge Fontein, the property of the said Company, thence through the farms Pypkaneel Punt and Roode Dam, alias Camphors Dam, to the Vooruitzigt Estate and the Townships of Kimberley, Old De Beer's, Direction of line Dutoitspan, and Bultfontein aforesaid, such a supply of water of the said river as it may require for the purposes of this Ordinance, and to make and construct all such works as may, in the opinion of the said Company, be necessary and expedient for the purpose of impounding, storing, diverting, appropriating, taking, or conveying the said water, whether by reservoirs, dams, water-courses, pipes, conduits, drains, ditches or other means; and to erect such buildings as may be deemed requisite for the purpose of the said works, and for securing an adequate supply of water for the town of Kimberley, Old De Beer's, Dutoitspan, Bultfontein, and the rest of the division of Kimberley, and further, to erect such buildings and stations, and to make such cuttings, embankments, slopes and bridges, and also to do and perform all other works, matters, and things which may be from time to time necessary for the efficient construction and working of the said Waterworks, and with the leave of the Governor first had and obtained to enter upon, and take possession of, and to hold and retain for all the purposes of this Ordinance, as Company may much of any land belonging to the Queen's Most Excellent Crown Lands. Majesty as shall be required for the construction and maintaining of the said Water Works, or for any other purpose

relating to the execution of this Ordinance, and also with

enter

upon

No. 12-1880. such leave as aforesaid first had and obtained, to enter upon all lands of Her Majesty lying convenient to the said Water Works, and there to dig for, excavate, and carry away all such stones, clay, or other materials as may be necessary or requisite for the construction and maintaining of the said Water Works; and further, to allow the horses, mules, or cattle, required for the purpose of working the said Water Works, to graze upon any Crown Lands adjoining the same: Provided also that for all land and materials, so used or carried away as aforesaid there shall be paid by the Directors Compensation to to the Governor the just value by way of recompense for such lands or materials, or for any damage that may be done by reason thereof.

Government.

ation.

V. It shall and may be lawful for the said Company, and they are thereby authorized, to enter upon and take Company may possession of such lands, with or without buildings thereon, enter upon private Lands. other than those above-mentioned within the limits of deviation (being a distance of 400 yards on either side of the centre line as shown on the plan deposited in the office of the Limits of devi- Civil Commissioner for the Division of Kimberley on the introduction of this Ordinance), as may be required for the construction and maintaining of the said Water Works, and to dig for and excavate, and carry away such materials as are in the last Section mentioned: Provided that no Brickfield, Garden, Vineyard, Plantation, Avenue, Orchard, or Ground ornamentally planted, shall be used for the purpose of depositing or excavating soil without the consent of the owner thereof, and provided that the extent of land taken for the said Water Works, shall not exceed the width of twenty feet for the formation line, and sufficient additional width required for the slopes, embankments, drainage, canals, pipes, reservoirs, fencing and stations, and approach roads thereto : Provided that in doing so as little damage as possible shall be done to such lands as aforesaid: And provided further, that the Proprietors of the said lands, or of the materials so used and carried Compensation to away, shall be paid by the Directors the just value by proprietors of way of recompense for such lands or materials, or for any damage which may be done by reason thereof.

private lands.

Arbitration.

VI. In the event of the Company and the Governor, or any such Proprietor or Proprietors, or the person or persons claiming compensation, either in their own right, or as executors, guardians or trustees as the case may be, not being able to agree upon the sum to be paid by the Directors on behalf of the said Company, and accepted by such proprietor or proprietors, or person or persons claiming compensation then the said Directors, or the General Manager or Resident Director, or such other person as may be by Power

of Attorney from the said Company thereto authorized shall No. 12-1880. cause to be served on the Governor or such proprietor or proprietors, or person or persons claiming compensation, as the case may be, a written notice, offering as recompense or compensation whatever sum of money they may deem sufficient; and requiring such person as aforesaid claiming compensation, to state in writing to the said Directors, or such persons appointed as aforesaid, within a certain limited time, to be specified in the said notice whether he or they is or are willing to accept the sum therein mentioned or not, and in case he or they shall refuse to accept the sum offered or shall neglect to reply to the said notice, then the said directors, or the said persons shall by another notice in writing call upon the Governor or such proprietor or proprietors, or person or persons claiming compensation, to refer to arbitration the amount of recompense or compensation to be paid to him or them by the said Company, and for that purpose to transmit to the Representative or Representatives of the said Company at Kimberley, within a certain reasonable time to be specified in the last-mentioned notice, the name of some person whom he or they shall elect to be an arbitrator, upon such arbitration, and the said Directors or the said persons, upon receiving the name of the person so elected, shall nominate a second arbitrator, and the said arbitrators shall, before proceeding in the arbitration, choose a third arbitrator, and the said Directors or the said persons shall cause a Deed of Submission to be prepared, which shall be signed by the Chairman of the said Board of Directors, or by the General Manager, Managing Director, or such other person as may, under a Power of Attorney, be thereto authorized on behalf of the said Company, as the case may be, and by the Governor or such proprietor or proprietors, person or persons claiming such recompense or compensation, and which deed shall clearly set forth the matter to be determined by the said Arbitrators; and the said Arbitrators, or any two of them, shall be, and they are hereby authorized to fix and determine the amount of compensation to be paid as aforesaid according to what they shall conceive fair and reasonable, and the award of the said Arbitrators, or any two of them, shall be made a Rule or Order of the High Court of Griqualand, and shall be binding and conclusive, and may be pleaded in Bar of any action or proceeding at Law, brought for or on account of the subject matter; and in case the Governor or such proprietor or proprietors, or person or persons as aforesaid, claiming compensation or recompense, shall neglect or refuse to name some person to be Arbitrator as aforesaid, or to sign the Deed of Submission, then it shall be lawful for the said Directors, the General