prevent the forming, constructing, completing, or maintaining No. 12-1880. the works contemplated by this Ordinance, or wilfully waste. or illegally divert the said water, shall, upon conviction, be liable to a fine not exceeeding £100, and in default of payment to imprisonment, with or without hard labour, for any period not exceeding twelve calendar months, or to both such fine and imprisonment. contamina ting XXI. Any person who shall bathe or wash himself in any Penalties for dam or reservoir belonging to the said Company, or in any or washing in stream flowing into such dam or reservoir, or shall wash, reservoirs, &c. throw, or cause to enter therein any dog, or other animal, or who shall place or throw any rubbish, dirt, filth, or other noisome thing in any such dam, reservoir, or stream, or wash or cleanse therein any wool, leather, or skin of any animal, or clothes, or other thing, or in any way contaminate the same shall, for every offence, on being convicted thereof, be liable to a fine not exceeding £100, and in default of payment of such fine, to imprisonment with or without hard labour, for any period not exceeding twelve calendar months, or to both such fine and imprisonment. plicable to com XXII. The provisions of the first, second, and twenty- Provisions first sections of the Regulation of Railways Act, 1861, of the Railways Act, Colony of the Cape of Good Hope which said Act was made 1861, made apapplicable to this Province by Proclamation No. 68 of 1871 pany's bye-laws. shall be applicable and extended to such Byelaws as the said 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 Water Works, and for providing for the due management of the said water works. erect fountains XXIII. It shall be law ful for the said Company to erect Company may within the limits of any Municipality or place as aforesaid, and troughs. public fountains for the gratuitous supply of water, with suitable troughs for the convenient use of horses, cattle, sheep, and other animals, and from time to time to maintain and keep in repair such fountains and troughs. where cogniz XXIV. All offences against the provisions of this Or- Offences under dinance shall be cognizable and triable in the Court of the this Ordinance Resident Magistrate or Additional Resident Magistrate for able. the district of Kimberley. exercise its this XXV. It shall be lawful for the said Company to exer- Company may cise all and singular the powers and authorities by this powers through Ordinance conferred upon the said Company, by or through duly authorized the instrumentality of any Agent in this Province appointed Province. 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 or Official Gazette of the Province. No. 13-1880. Short title. Preamble. Certain Acts of lature made ap qualand West. XXVI. This Ordinance may be cited for all purposes as "The Kimberley Water Works Company (Limited), Ordinance, 1880." [Assented to by His Excellency the Governor, see Government Notice, No. 157, 13th Oct., 1880. Confirmed by Her Majesty, see Government Notice, No. 33, 10th Jan., 1881.] No. 13 of 1880.-Sd. S. Rose Innes.] [Aug. 27th, 1880 Legislature of the applicable to the HEREAS His Excellency SIR HENRY BARKLY, K.C.B., &c., did by a certain Proclamation No. 68, dated 27th day of October, 1871, proclaim, declare, and make known that, except in so far as His Excellency had already proclaimed or might hereafter proclaim to the contrary, the laws and usages of the Colony of the Cape of Good Hope shall be deemed to be the law of Griqualand West, so far as the same shall not be inapplicable thereto : And, whereas the provisions of the aforesaid Proclamation No. 68, of 1871, have already been extended to the Acts passed by the Legislature of the Colony of the Cape of Good Hope from the date of the aforesaid Proclamation to the end of the year 1872: And, whereas certain Acts of the Legislature of the Colony of the Cape of Good Hope of the years, 1873, 1874, 1875, 1876, 1877, and 1878 have mutatis mutandis been declared by Ordinances No. 6, of 1874, No. 4, of 1875, No. 4, of 1876, and No. 3, of 1879, to be law within this Province: And whereas it is expedient to adopt and make applicable to this Province certain other Acts passed by the Legislature of the Colony of the Cape of Good Hope: Be it enacted by the Administrator of the Province of Griqualand West, by and with the advice and consent of the Legislative Council thereof: I. The Acts of the Legislature of the Cape of Good the Cape Legis- Hope mentioned in the Schedule hereunto annexed shall be, plicable to Gri- and the same are hereby declared to be law within the Province of Griqualand West, save only in respect of such merely verbal changes as may be necessary to render the said Acts applicable to this Province, and so far as the same shall not be inapplicable thereto. SCHEDULE. No. 14-1880. 1. Act No. 14 of 1878, entitled "The Crown Lands Act, Schedule. 1878." 2. Act No. 3 of 1879, entitled "Derelict Lands Act, 1879." 3. Act No. 8 of 1879, entitled "General Law Amendment Act, 1879." 4. Act No. 9 of 1879, entitled "Land Beacons Amendment and Extension Act, 1879.” 5. Act No. 10 of 1879, entitled "Powers of Attorney Act, 1879," 6. Act No. 18 of 1879, entitled "Cattle Thefts Extended Punishment Act, 1879. 7. Act No. 20 of 1879, entitled "Lunatic Law Amendment Act, 1879." 8. Act No. 23 of 1879, entitled "The Vagrancy Act, 1879." [Assented to by the Governor, see Government Notice, No. 157, 13th October, 1880. Confirmed by Her Majesty, see Cape Government Notice No. 33, 10th January, 1881. No. 14 of 1880.-Sd. J. Rose Innes.] [27th Aug., 1880. Ordinance to provide greater facilities for the Sale of Gunpowder and Dynamite, for Blasting and Mining Purposes in the Province WE HEREAS it is expedient and necessary that greater Preamble facilities should be provided for the issue of Gunpowder for Blasting and Mining Purposes in the Province: And whereas it is necessary for the purposes aforesaid to alter and amend certain portions of the existing law relating to the trade in Gunpowder : And whereas it is expedient and necessary that restrictions should be placed on the storage and issue of dynamite in the Province: 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. So much of the Provisions of the Ordinance No. 7 of Repugnant law repealed. 1834, and of the Ordinance No. 2 of 1853, and of Act 14 of 1857, or of any other Law, Ordinance, Act or Proclamation at present in force in this Province, as may be repugnant to, or inconsistent with the provisions of this Ordinance, shall be, and the same are hereby repealed. Magistratǝ may II. It shall be lawful for any Resident Magistrate or grant permission Justice of the Peace entitled to grant such permission as is in the 8th Section of Ordinance No. 2 of 1853 mentioned, as to licensed person to obtain 300 lbs. of blasting powder. No. 14-1880. altered and amended by the 3rd Section of Act 14 of 1857, should such Magistrate or Justice of the Peace in the exercise of his discretion think it proper so to do, and subject to the provisions hereinafter mentioned, to grant to any person licensed to deal in gunpowder such a permission as is in the 8th Section aforesaid, as altered and amended as aforesaid, mentioned to obtain at one and the same time any quantity of gunpowder not exceeding 300 pounds weight thereof; provided that such Magistrate or Justice shall first be satisfied by solemn declaration that such gunpowder is needed solely for blasting or other mining purposes in the diamond diggings or mines within the Province, and in such case the form of permission set forth in Schedule 3 of the aforesaid Ordinance No. 2 óf 1853, shall be altered and read as follows: Licensed dealer may store lbs. of blasting warehouse. "Form of permission by Resident Magistrate to authorise issue of gunpowder from private magazine for mining purposes. I, Resident Magistrate of do hereby authorize (the name of the applicant), of (the Dated this day of 188 A. B., Resident Magistrate. III. It shall be lawful for such licensed dealer receiving 300 and acting upon such permission as aforesaid to store at his powder at his warehouse or shop any quantity of gunpowder not exceeding 300 pounds weight thereof, anything in the 20th Section of the aforesaid Ordinance No. 7 of 1834, and in the 15th Section of the aforesaid Ordinance No. 2 of 1853, and in the 4th Section of the aforesaid Act No. 14 of 1857, to the contrary notwithstanding: Provided that every licensed dealer shall be bound to satisfy the Resident Magistrate of his district, or some Justice of the Peace named by such Magistrate, that the premises in which such dealer proposes to store or keep any such gunpowder are fit and proper for the purpose, and not dangerous to the public safety. Acts extended to this Ordinance. Provision of cer- IV. All and singular the several provisions of Ordinance tain Colonial No. 2 of 183, and of Act No. 14 of 1857, and of any other permissionunder law or ordinance in force in this Province, which relate to the permissions in the 8th Section of the said Ordinance No. 2 of 1853 mentioned, as altered and amended by Act No. 14 of 1857, and to the gunpowder obtained by virtue of such permissions, and which provisions are not repugnant to the provisions of this Ordinance shall extend and apply mutatis No. 15-1880. mutandis to the permissions authorized by this Ordinance. law extended to V. All and singular the several provisions of any Law, Provisions of the Ordinance, Act or Proclamation now in force in this Province dynamite. which regulate the storing of gunpowder in magazines and other suitable places for safe keeping, and which regulate the manner in which the owners thereof can obtain certain quantities of such gunpowder out of such magazines by permits and otherwise, shall so far as applicable be taken to apply to dynamite; and the several forms of declarations, permissions, certificates, licenses, and bonds therein provided shall be varied and altered so as to meet the special requirements of the case. VI. This Ordinance may be cited for all purposes as short title. "The Blasting Powder and Dynamite Ordinance, 1880." [Assented to by His Excellency the Governor-see Government Notice No. 157, 13th Oct., 1880. Confirmed by Her Majesty see Cape Government Notice No. 33, 10th January, 1881] No. 15 of 1880.-Sd. J. Rose Innes.] [14th Sept., 1880 Ordinance to alter and amend in certain respects the Ordinance No. 1 of 1880. WH HEREAS it is expedient that a Toll Bar be es- Preamble, tablished and declared at Scholtz's Dam, situate on the farm Mauritz Fontein, in the District of Kimberley, in lieu and in stead of the Toll Bar established and declared at the junction of the Modder and Riet Rivers, under and by virtue of Ordinance No. 1 of 1880: Be it enacted by the Administrator of the Province of Griqualand West, by and with the advice and consent of the Legislative Council thereof : Certain portion I. So much of the Ordinance No. 1 of 1880 as estab- of Ordinance 1 lishes a Toll Bar at the Junction Drift shall be and the same of 1880 repealed. is hereby rescinded and repealed. established at Scholtz II. From and after the promulgation of this Ordinance Tollbar a Toll Bar shall be and the same is hereby established on ised the Postal Road as defined by Proclamation No. 55 of the 14th October, 1872, at or near Scholtz Dam situate on the farm Mauritzfontein in the District of Kimberley, and all and singular the provisions of the said Ordinance No. 1 of 1880 which have reference to the Toll Bar thereby established shall now be construed as having reference to the Toll Bar by this Ordinance established. [Assented to by His Excellency the Governor-see Govt. Notice No. 157, 13th Oct., 1880. Confirmed by Her Majesty see Government Notice No. 33, 10th January, 1881.] |