Roads of this Colony: Be it 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. Except as hereinafter provided, Ordinance No. 8, 1843, entitled "An Ordinance for improving the Public Roads of the Colony," and Ordinance No. 12, 1844, amending the aforesaid Ordinance, and Ordinance No. 17, 1847, declaring the meaning and construction of the 21st section of the aforesaid Ordinance, and Ordinance No. 7, 1848, amending and continuing certain provisions of the aforesaid Ordinance, shall be repealed from and after the last day of December next. II. From and after the first day of January next, the several roads of the colony, which may by any Act of the Legislature of this colony be declared to be a main road, shall be under the charge of the general Government, as hereinafter provided, whose duty it shall be to make, maintain, and improve such main roads, so far as the funds placed at its disposal by this or any future Act will enable it. III. [Central Road Board dissolved, and its affairs to be wound up by certain commissioners appointed by the Governor.] VII. [Main roads to be under the control of the Governor, and under the charge of the civil engineer, as chief commissioner, and 3 assistant commissioners. VIII. No new line of main road shall be commenced, nor any deviation made from any existing line of main road, nor any new work undertaken upon any existing main road, the cost of which work shall be estimated to exceed two hundred pounds (unless such new work shall be absolutely necessary, to prevent the interruption of the communication on such road), except with the previous sanction of Parliament; and in like manner, the charge of any line of main road shall not be abandoned without such previous sanction. XX. The several Divisional Councils constituted under Act 5, of 1855, shall, with such funds as are by this or any other Act placed at their disposal for such purpose, be charged with the duty of superintending, making, improving, and preserving all divisional or branch roads within their respective divisions. XXVI. All persons owning immovable property within any division, or any municipality within such division . . shall be liable to be rated on account of such property for the maintenance of the public roads. . XXIX. [Municipalities of Cape Town and Green Point to be within the Cape division for purposes of this Act, and to elect four members to the divisional council.] LIV. Every Divisional Council shall cause an exact and particular account to be kept, and to be made up and balanced at the end of each year... and to furnish a copy of such account, together with all necessary vouchers, to the Governor, in order that the same, after having been audited by the Auditor of the Colony, may be laid before both Houses of Parliament. [Etc.] P.R.O., C.O. 50/3. EDUCATIONAL BOARDS. [5 June 1858.] No. 59. An Act.-For the Creation of Educational Boards in the Field-Cornetcies, Villages, and Towns of this Colony on which the Local Regulations of each shall be founded. WHEREAS it is expedient that due provision should be made for the establishment and maintenance of public schools in the several field-cornetcies, villages, and towns in this colony, and that educational boards should be constituted and established therein for that purpose: Be it therefore enacted by the Governor of the Colony of the Cape of Good Hope, by and with the advice and consent of the Legislative Council and House of Assembly thereof : I. From and after the first day of July next it shall and may be lawful for any field-cornet, resident magistrate, or justice of the peace, within the limits of his jurisdiction, and he is hereby required, upon a requisition made to him in writing to that effect, by any number of resident householders not less than fifteen in towns and villages, and not less than ten in rural field-cornetcies, and resident respectively within the limits of any such field-cornetcy, village, or town or any ward or wards within the same, which shall be specified in the said requisition, to call a meeting of householders resident within the limit aforesaid, to determine whether educational regulations shall be adopted for the field-cornetcy, village, town, or place intended to be erected into an educational district. IV. [Meeting to elect a committee to draw up educational regulations.] V. [Electors of members of Parliament to vote for members of committee.] VI. [Committee to draw up educational regulations.] IX. [Regulations to be submitted to a subsequent meeting of householders.] X. The regulations adopted at such meeting shall forthwith be transmitted by the chairman of such meeting to the divisional council for the approval, amendment, or disallowance 1 Repealed by Act No. 13 of 1865, not printed in this volume. Other Education Acts to be consulted are No. 24 of 1874, 30 of 1898, and particularly 35 of 1905. The" University Incorporation Act," No. 16 of 1873, is also of interest in this connection. thereof, of the said council. [If amended by the council the regulations shall again be submitted to a meeting of householders.] XII. So soon as such original regulations as aforesaid shall have appeared in the Government Gazette, the resident magistrate, within the limits of whose jurisdiction the . . . school district shall be included, . . . is hereby required, by a notice of not less than fourteen days, to call a meeting of such resident householders residing within the limits of such school district, to be holden for the election . . . of so many commissioners as shall have been specified in the said regulations to carry the same into effect; and the said commissioners shall be elected by a majority of votes of such resident householders as aforesaid present at such meeting; and any such resident magistrate, field-cornet, or justice of the peace shall preside at such meeting. XIII. Any person residing in the school district shall be eligible to be elected a commissioner for the purposes of this Act. XIV. [Commissioners to be elected triennially.] XXIII. [No commissioner to receive salary, fee, or reward.] XXXI. The said commissioners shall nominate and appoint the schoolmaster; fix the hours and periods when the school shall be kept open for elementary instruction, the rate of fees, if any, to be charged; hear and decide on all complaints or charges brought before them, regularly and in writing, by any resident householder, against the said schoolmaster, relating to his conduct in the school, or his moral character, and shall be empowered to censure, suspend, or dismiss him, as the facts proved before them may require. XXXII. In each and every school established under this Act provision shall be made for instruction in the following branches, that is to say, reading, writing, arithmetic, and the outlines of geography and history. P.R.O., C.O. 50/3. MUNICIPALITIES. [30 June 1882.] No. 60. Act.-To Consolidate and Amend the Law relating to Municipalities. WHEREAS it is expedient to consolidate and amend the laws relating to municipalities, and to provide more effectually for the government of municipalities: Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows: PRELIMINARY. I. This Act shall apply to every municipality hereafter constituted and to every existing municipality which shall in the manner of this Act provided be brought under the operation of this Act. II. From and after the commencement of this Act the several Laws mentioned in the First Schedule shall be and the same are hereby repealed, except as to property vested, acts and things done or commenced, rights, privileges, and protection acquired, liabilities incurred, offences committed, and proceedings taken, and. except as in the fourth section is excepted. III. In case any municipality incorporated by any Ordinance or Act of the Legislature shall, in pursuance of the provisions of this Act, come under the operation of this Act, it shall be lawful for the Governor, by proclamation, to repeal any such Ordinance or Act incorporating such municipality, but notwithstanding such repeal, the provisions of the several sub-sections numbered (1) to (6) respectively of the next succeeding section shall apply. IV. Notwithstanding the repeal of the laws hereby repealed, the said several laws shall be and continue in force and applicable to every municipality already established as if this Act had not been passed until such municipality shall come under the operation of this Act, and as often as any existing municipality shall come under the operation of this Act, the following provisions shall apply: (1) All creditors of such municipality shall have the rights and remedies as if this Act had not been passed. (2) All municipal regulations then in force in such municipality shall (unless repugnant to the provisions of this Act) continue in force until altered or amended under this Act. (3) The councillors or commissioners, as the case may be, then in office shall continue in office until the election and first meeting of councillors under the provisions of this Act.. (4) All rates due or payable to or recoverable by such municipality shall be vested in and recoverable by the municipality, newly constituted under this Act, and the valuation or assessment roll in use at such time, shall continue to be used until a new one shall be completed under the provisions of this Act. (5) All works and undertakings authorised to be executed, all rights, liabilities, and engagements existing, and all actions, suits, and proceedings pending by or against or in respect of such municipality, shall be vested in, attached to, and be enforced, carried on and prosecuted by or against the municipality newly constituted: and no such action, suit, or proceeding shall abate or be discontinued or prejudicially affected by such constitution. (6) All property, movable and immovable, and all moneys of or vested in any such municipality, shall be vested in and belong to the municipality newly constituted. THE CONSTITUTION OF MUNICIPALITIES. V. The inhabitants of every city, town, or village for the time being subject to the provisions of this Act shall, under such name or designation as the Governor may by proclamation declare, be a body corporate with perpetual succession and a common seal, with power to alter and change the same from time to time, and shall by such name be capable in law of suing and being sued, of purchasing, holding, and alienating land, and of doing and performing such other acts and things as bodies corporate may by law do and perform subject to the provisions of this Act. VI. Every municipality subject to the provisions of this Act shall be governed by a council composed of a mayor or chairman, and councillors; and all acts of the council shall be deemed to be acts of the municipality. VII. Whenever the number of councillors for any municipality is determined under the provisions of this Act, such number shall be not less than six nor more than twenty-four, and in case such municipality is divided into wards, the number produced by the return of three councillors for each ward. VIII. Subject to the provisions of this Act, the Governor may from time to time exercise all or any of the powers following: (1) Declare any city, town, or village to be a municipality, constituted under the provisions of this Act. (2) Assign a name to such municipality. (3) Describe the boundaries thereof. |