directed by any municipal regulations to be from time to time. made in conformity with the powers herein before contained. No. 23-1880 Enforcement 61. Every rate assessed by the said council shall become due and payable upon a certain day, to be fixed by the council, of payment of rates which day, and the amount of which rate, the said council shall give at least twenty-one days' notice in one or more of the local newspapers; and when any such notice shall have been given, it shall be incumbent upon all liable to such rate to pay persons the amount thereof to any person whom the council may have authorised to receive the same on or before the day fixed in the said notice for the payment of the same, on pain of being forthwith liable to legal proceedings, at the suit of the Town Clerk, for the recovery of the amount, and in any suit or proceeding for the recovery of any rate, the valuation roll of the municipality for the time being shall be prima facie evidence of the value of the property rated, and it shall not be necessary to prove anything further as to the due assessment of the rate and of due notice thereof having been given than the publication of the notice in the commencement of this section mentioned. The Town Clerk may, in suing for the recovery of any rate assessed upon the owner or owners of immovable property proceed against the owner, or, in case of his absence from the municipality, his agent, or the person receiving the rents for him, or against the occupier, either separately or both of them in one and the same action, each for the whole rate, in the Court of the Resident Magistrate for the district of East London, and recover the same by the judgment and process of such Court; provided that no occupier of any immovable property shall be liable for any rate which became 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 assessed upon either owner or occupier of immovable property as aforesaid shall continue to be so liable, although he may have ceased to occupy the property in respect of which the rate has been imposed; and provided, also, that any occupier who shall have paid any such rate assessed upon the owner as aforesaid shall be entitled to recover the same from the owner, unless there be an agreement to the contrary. of Treasurer to bank. 62. The Treasurer of the said municipality shall be bound, within a reasonable time, to lodge with some joint-stock bank lodge moneys in a within the municipality, to be ordered by the council all moneys from time to time entrusted to him or received by him, and shall, in books to be kept for that purpose, enter true accounts of all sums of money by him received and paid, and on the several matters in respect whereof such sums shall have been received and paid: all such accounts, with all vouchers and papers relating thereto, together with a full abstract or balance sheet thereof, shall yearly, on the last day of February, or at such other times as the Council shall appoint, be handed by him to the auditors and to No. 23-1880. How such members of the council as the Mayor shall name, for the purpose of being examined and audited; and such abstract or balance sheet, if found correct, shall be signed by the auditors, and shall be forthwith published by the Treasurer in one or more of the payments newspapers published within the municipality: Provided always, that in no case shall any payment of municipal moneys be made to any person or persons whomsoever, without a warrant in that behalf being first granted under the hand of the Mayor, which warrant shall be in substance and form according to the schedule hereto annexed, marked No. 2. to be made. How notices to be published. How public called. 63. Every notice calling a public meeting of the townsmen and every notice or other document or thing required by this Act to be published, shall, where no other mode is prescribed, be published by causing a copy thereof to be posted or affixed in some conspicuous place upon or near the municipal office or market-place, and, when practicable, in one or more of the local newspapers. 64. All public meetings of the townsmen shall be called by the meetings to be Mayor of the town by notice under his hand, published in accordance with the sixty-third section of this Act; and no public meeting of townsmen shall be so called by the Mayor, except upon a resolution of the council to that effect, and at all public meetings called by the council the Mayor, if present, shall preside: Provided, always, that the Mayor, upon receiving a requisition, signed by not less than twenty-five townsmen, shall call such public meeting within a reasonable time; and provided, further, that the expenses incurred by the council through the Mayor or any of its officers in calling such meeting shall be defrayed by the persons signing the requisition, unless it shall appear to the council that such meeting was purely connected with municipal purposes, or its object of such a character as, in the opinion of the council, would warrant it in charging the same expenses to the Municipality. Licence to store gunpowder, &c. Burial-ground. 65. The storing of paraffine, gunpowder, or other explosive material, shall not be permited within the municipality, except in such places as may be approved of and licensed by the council for that purpose. 66. No burial-ground shall be established within the municipality without the permission of the council; and so soon as any burial-ground within the municipality, or any portion thereof, shall become, either from overcrowding or from any other cause, in the opinion of the council, dangerous to the public health, the council shall be empowered to give six months' notice that the burials therein must either wholly or partly cease, and after the expiration of such six months it shall not be lawful to continue burials, except such as may be authorised by the council, in such grounds, and any person, after the expiration of such period, who shall, without such authority, inter, or cause any interment to be made therein, shall be liable to pay a fine not exceeding fifty pounds, to be recovered in any competent Court, and in default of payment of such fine, to imprisonment for not exceeding six months: Provided that, whenever any such burial-ground shall be so closed as aforesaid it shall be incumbent upon the council to provide (at the option of the council), either by means of a new burial-ground or by the allotment of the use of a portion of any existing or new public burial-ground, sufficient accommodation to meet the requirements of any religious denomination whose burial-grounds shall have been so closed. be 67. All fines and penalties imposed by this Act, or by any municipal regulations made by virtue thereof, shall and may prosecuted for in any competent Court, and in the name of the Mayor, councillors, and townsmen, and shall when recovered be paid to the Treasurer of the municipality for municipal purposes: Provided that no such prosecution shall be commenced later than three months from and after the date of the act or omission upon which the same shall be grounded. 68. Every warrant and powers of attorney, deed, contract, or other document to be given, made or entered into by the said council, shall, when no other mode is prescribed, be under the common seal of the corporation, to be affixed thereto by the Mayor, and countersigned by the Town Clerk. And the said common seal of the corporation shall be and remain in the care and custody of the Mayor of the town for the time being. 69. This Act may be cited as "The East London Municipality Act, 1880." ANNEXURES. (SCHEDULE No. 1.) No. Municipality of East London.-Debenture Certificate. £ This is to certify that the Town Council of East London is indebted in the sum of for so much money borrowed for the purpose of (here state the object for which the loan has been raised) under and by virtue of the provisions of the East London Municipality Act of 1880, and that the said money is secured by mortgage on (here state the nature of the mortgage or security as contemplated in the forty-third and forty-fourth sections of the said Act); and further that the said debt will be payable and paid by the said Town Council to the said or assigns in the manner following, that is to say (here insert the rate of interest, time of payment, and other conditions agreed upon). Given under my hand and the seal of corporation, at East London, this day of (C. D.), Town Clerk. 18—. (A. B.), Mayor. No. 24-1880. (SCHEDULE No. 2.) The Treasurer of the Municipality of East London is hereby authorised to pay to the sum of -, being for (here state the object of the payment), which money was voted by the (or being for fixed salary, as the Council at its meeting on Preamble. Power to raise tures, £133,376. ACT To empower the Governor to Raise a Sum of not exceeding One WHEREAS the Province of Griqualand West is about to be annexed to this Colony, and whereas it is expedient that the Governor should be empowered to raise a sum of not exceeding one hundred and thirty-three thousand three hundred and seventy-six pounds sterling, in addition to and over and above the moneys he is empowered to raise under and by virtue of Act No. 40 of 1877, in order to pay off certain liabilities of the Government of the said Province, as in the schedule hereto annexed: Be it 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: 1. It shall be lawful for the Governor to raise and take up upon on stock or deben- the security of the public revenue of the Colony, either by debentures or stock, or partly by debentures and partly by stock, such sum or sums of money not exceeding in the whole the sum of one hundred and thirty-three thousand three hundred and seventy-six pounds sterling, in addition to and over and above the moneys he is empowered to raise under Act No. 40 of 1877, as shall from time to time seem to him fit and necessary, for the purpose of liquidating the debts and liabilities in the preamble of this Act mentioned. on 2. In case the Government of the Orange Free State shall, or before the 13th day of July, 1881, establish a line of railway to connect with the Natal railway, or with any line of railway made or constructed, or to be made or constructed within this Colony, it shall be lawful for the said Governor to raise and take up in manner provided by the first section of this Act, a further sum of fifteen thousand pounds sterling, which sum shall be paid to the said Government of the Orange Free State, in aid of the expenditure incurred by that State in making or constructing within the territory of the said State the line of railway so connecting with the Natal railway, or any line of railway within this Colony as aforesaid. 3. $$ 3-9 are identical with §§ 2-8 of Act 40, 1877.] No. 24-1880. Short title. When Act to take 10. This Act may be cited as "The Griqualand West Loan Act, 1880," and shall commence and take effect from and after the annexation of the said Province of Griqualand West to this effect. Colony, and not sooner; and so soon as this Act shall take effect the Ordinance of Griqualand West No. 1, 1877, shall stand repealed. in Act for applying a Sum not exceeding Five Hundred and Eighty-seven Thousand Four Hundred and Three Pounds Sixteen Shillings and Fourpence sterling, for the purpose of meeting and covering certain Unauthorised Expenditure and a certain Deficiency existing in the Public Treasury. [Spent.] No. 26-1880.] [July 30, 1880. An Act to alter in a certain respect the Customs Duties payable in this Colony. [Superseded by Act 13, 1884.] |