of such resident householders as aforesaid present at such meeting; and any such resident magistrate or justice of the peace shall preside as chairman at such meeting. XIII. And be it further enacted, That any person residing within the municipality, and being the proprietor of a house situate within the same, and who shall pay annually a sum of not less than one pound sterling in taxes shall be eligible to be elected a commissioner 1 for the purposes of this Ordinance, and shall be proposed at the same meeting by some person duly qualified to vote thereat, and shall be seconded by some other person in like manner qualified. XIV. And be it further enacted, That every person who shall be elected a commissioner in any municipality in manner aforesaid, shall go out of office at the end of the third year from the said first election; . . . provided always, that any of such out-going commissioners shall be re-eligible, and may be re-elected, and shall in such case continue to act and remain in office, anything herein contained to the contrary notwithstanding. XV.-XLVII. [Officers of the Boards and details of municipal business.] XLVIII. And be it further enacted, That every person, who is the occupier of any dwelling-house, either as proprietor or renter, of the yearly value or rent of not less than ten pounds sterling, shall be, and be deemed and taken to be, a resident householder within the meaning of this Ordinance and that at the several meetings of such resident householders as aforesaid, hereinbefore appointed or authorized to be holden, every such householder who shall be personally present, shall have and be entitled to one vote, and no more. [Etc.] 2 P.R.O., C.O. 50/1. CREATION OF ROAD BOARDS. [22 Nov. 1843.] No. 56. Ordinance.-Enacted by the GOVERNOR of the Cape Be it... enacted by the Governor of the Cape of 1 Duties assigned to Commissioners: to call meetings for the purpose of assessing taxes, appoint watchmen, provide fire-engines, erect lamp-posts, lay pipes for the conveyance of water, build bridges and streets, establish markets, enforce regulations relative to weights and measures, etc. * The text has " shareholders,” obviously an error. Good Hope, by and with the consent of the Legislative Council thereof, that, from and after the promulgation of this Ordinance, it shall and may be lawful for the Governor of this Colony to nominate and appoint certain fit and proper Persons to form a Central Board of Commissioners, to be styled "The Central Board of Commissioners of Public Roads." I. And be it enacted, that the said central board shall consist of six persons, three of whom shall be persons holding some office of profit under Her Majesty, and three of whom shall be persons not holding any office of profit under Her Majesty. II. And be it enacted, that the said governor shall by proclamation. . . nominate and appoint one of the members of the said board to be the chairman thereof. III. And be it enacted, that it shall and may be lawful for the said board, and it shall be the duty of the same so far as the means from time to time at its disposal will permit, to improve, and, as much as may be, bring into a fit and proper state the main roads throughout the Colony. XXII. And be it enacted, that so soon as the valuation of the whole of the immoveable property in any division subject to assessment, shall have been completed . . . it shall be lawful for the said board, and it is hereby empowered to assess and impose such a rate1 as it shall deem necessary and expedient, for effecting the objects of this Ordinance, upon all such immoveable property in such division, whether situated within or beyond the limits of any municipality, as shall be valued at or above the value of fifty pounds sterling. XXIX. And whereas the branch roads of the Colony stand much in need of reparation, and it is expedient to provide for the gradual improvement of the same-Be it enacted that the civil commissioner of each division, or officer for the time being acting as such, shall within one calendar month after the valuation of the immoveable property in that particular division shall have been by means of the central board effected, in manner and form as hereinbefore mentioned, call, upon a notice of not less than thirty-one days, to be published in the Government Gazette, a meeting of all the owners of immoveable property in such division, valued at fifty pounds or upwards, to be held at some convenient time and place to be named in such notice, for the purpose of electing four persons to form, with such civil commissioner, or officer for the time being acting as such, a board to be styled, "The Board of Public Roads for the Division of 1 At the expiration of every period of twelve months a new rate may be levied. Not more than three rates are to be levied in any division, and no rate is to exceed id. in the pound on the value of property. XXXIV. And be it enacted, that the four members first elected in each division . . . shall . . . remain in office for the next ensuing three years. P.R.O., C.O. 50/1. CREATION OF DIVISIONAL COUNCILS. [8 June 1855.] No. 5, 1855. No. 57. An Act.-For Creating Divisional Councils in this Colony.1 WHEREAS it is expedient that Boards should be established in the several divisions of this colony, for the better administration of their local affairs: And whereas it is expedient to make provision, by this Act, for the better administration of the functions now performed by the Divisional Road Boards, the District School Commissions, and of the Court for the better Regulation of Pounds and Prevention of Trespasses, leaving it to Parliament, hereafter, from time to time, by other Acts thereof, to bestow or impose such further powers, functions, and duties upon such Boards as shall be provided and prescribed: And whereas it is expedient that such Divisional Boards should be called Divisional Councils, and that all the members of every such Council, with the exception of the Civil Commissioner, should be elected by the inhabitants : Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and the House of Assembly thereof, as follows: I. The Ordinances No. 8, 1843, and No. 16, 1847, as far as they are contrary to, and repugnant to or inconsistent with, the provisions contained in this Act, are hereby respectively repealed. II. Every division of this colony shall be divided into six subdivisions, to be called districts, and every such district shall elect one person to be a member of the Divisional Council of such division. III. [Governor to define limits of districts in each division.] IV. [Governor may alter limits of districts.] V. All persons in any such district, registered as voters under the ordinance for constituting a parliament for this colony, and no other persons, shall be entitled to vote for the members of the Divisional Council, to be elected by such district. VI. [Polls to be taken by field-cornets in their respective wards.] 1 Cf. the Divisional Councils Acts No. 4 of 1865 and 40 of 1889, not printed in this volume. VII. No voter shall vote except in the field-cornetcy in which such voter stands registered. VIII. Every person registered as a voter, for any division, under the ordinance aforesaid for constituting a parliament, shall (except as hereafter excepted) be eligible to be elected, by any district into which such division shall be subdivided as aforesaid, to be the member for such district of the Divisional Council of such division: Provided that no person holding any office of profit under Her Majesty the Queen within this colony, and no uncertificated insolvent, shall be eligible to be elected. IX. [When field-cornets are to take a poll.] X. [Poll to be open from 8 a.m. to 5 p.m.] XI.-XVI. [Manner of polling, counting of votes, etc.] XVII. [Civil Commissioner to publish names of persons elected.] XVIII. [And to call the first meeting.] XIX. [And to preside at all meetings.] XX. [Three members to form a quorum.] XXI. [Who to preside if Civil Commissioner is absent.] XXII. [Members to sit for three years and to be re-eligible.] XXIII-XXIV. [Procedure at subsequent elections.] XXV. [No election to be deemed incomplete so long as there are elected sufficient members to form a quorum.] XXVI. [When a member vacates his seat.] XXVII. [Manner of filling vacancies.] XXVIII. [Civil Commissioner's Clerk to act as secretary of Divisional Council.] to.] XXIX. [In what terms Divisional Councils shall be referred XXX. [Each Divisional Council to frame standing rules and orders, which must be submitted to the Governor for his approval.] XXXI. The powers and functions now vested in the Divisional Road Boards, by Ordinance 8, 1843, shall, from and after the passing of this Act, cease and determine, and all such powers and functions shall be vested in the Divisional Councils by this Act created: Provided that, in regard to the division of the Cape, the joint boards of commissioners and wardmasters of the municipalities of Cape Town and Green Point, voting together as one constituency, shall be entitled to elect three persons, who shall, in regard to all matters connected with the powers and functions in the said Ordinance mentioned, be entitled to sit, deliberate and vote with the members of the Divisional Council of the Cape Division, precisely as if ordinary members thereof Provided that, as soon as may be after the Civil Commissioner of the Cape Division shall have issued the notice in the 9th section of this Act mentioned, he shall, by a notice to be published in the Government Gazette, appoint a day and hour and fix a place for taking the poll of the joint boards aforesaid, upon which day, and at which place and hour, the said Civil Commissioner shall attend to take the poll; and such Civil Commissioner shall cause the names of the three persons who shall be elected by a majority of votes to be published in the Government Gazette; and provided that such notice as aforesaid shall be published for not less than fourteen days before the day named for the taking of the poll: Provided also that every member of such joint boards shall have three votes, but shall not be entitled to give more than one vote to one person: And provided further, that the three persons so elected as aforesaid shall receive due notice of all meetings of the Divisional Council of the Cape Division, for the consideration of all matters relative to the road administration vested, as aforesaid, in such Council, according to such standing rules and orders in that behalf, as shall be framed by the Divisional Council and approved of by the Governor: And provided, lastly, that all liabilities, lawfully existing, against any divisional road board shall survive against the Divisional Council of the same division. XXXII. The powers and functions now vested in the several District School Commissions shall likewise so cease and determine, and the Divisional Councils created by this Act shall henceforth perform and exercise all functions required to be performed by such School Commissions in their respective divisions. XXXIII. The powers vested in the Civil Commissioners and Justices of the Peace, under and by virtue of section 27, Ordinance No. 16, of 1847, entitled an Ordinance for the Better Regulation of Pounds and Prevention of Trespasses, shall cease and determine, and be vested in and exercised by the said. Divisional Councils, from and after the promulgation of this Act. XXXIV. This Act shall commence and take effect from and after the promulgation thereof. P.R.O., Č.O. 52/18 (C. of G. Hope Govt. Gazette, MANAGEMENT OF PUBLIC ROADS. [5 June 1858.] No. 58. An Act.-To provide for the Management of the Public Roads of the Colony. WHEREAS it is expedient to make other and better provision for the maintenance and improvement of the Public |