To Authorise the Raising of a Sum of Six Hundred and Fortynine Thousand Nine Hundred and Sixty Pounds Sterling, for the purpose of Completing, Improving and Equipping certain Railways.

:

WHEREAS it is desirable to make provision for the completion, improvement and equipment of certain railways already authorised to be constructed, equipped and worked in this Colony And whereas it is necessary to raise a sum of six hundred and fortynine thousand nine hundred and sixty pounds (£649,960) for such purposes:

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:

Preamble.

Power to raise

1. It shall be lawful for the Governor to raise and take up a sum of money not exceeding six hundred and forty-nine thousand £649,900. nine hundred and sixty pounds (£649,960), to be applied to the several purposes in the schedule to this Act annexed.

2. This Act may be cited as the "Railways Completion and Equipment Act, 1881."

Short title.

£649,960

No. 21-1881.]

ACT

[June 25, 1881.

Preamble.

Power to Council to borrow £35,000.

To enable the Borough Council of King William's Town to provide the Inhabitants of that Town with Water, and for that purpose to take Water from the Buffalo River, and to acquire Government and other Lands required for the Construction of the necessary Water Works. (1)

WHEREAS the present supply of water to the town of King William's Town is very defective, and it is desirable that a good and sufficient supply should be obtained, and the Borough Council of the said town has caused surveys to be made, and are advised that the same can be obtained from the Buffalo River in the division of King William's Town: And it is expedient that the works necessary to accomplish that object should be constructed either by the said council or by a joint-stock company or co-partnership of individuals, or an individual with whom the said council may contract either for the whole or any portion of the said works, or the material therefor: And that to enable the said council to procure the necessary funds, the said council shall be empowered either under the provisions of the Act No. 8 of 1877, entitled "The Irrigation Act of 1877," Act No. 28 of 1879, entitled An Act to assist Municipalities to carry out Irrigation Works," and the Act No. 7 of 1880, entitled "The Irrigation Amendment Act of 1880," or otherwise as the council may deem fit, to raise such sum or sums of money not exceeding in the aggregate the sum of thirty-five thousand pounds. And that in order that the said council may be enabled to pay the interest on the said loan the said council should be empowered in each and every year to impose, levy, and collect such a rate or assessment as will produce an amount sufficient to pay such interest as aforesaid:

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 said Council, from time to time, to borrow and take up at interest such sum or sums of money, not exceeding in the whole thirty-five thousand pounds sterling as may be required for the purposes of this Act, and to charge the borough rates of the said borough as security for any such sum to be borrowed by the said council.

2. The said Council shall be empowered to take, impound, Power to take divert, appropriate, and convey from the Buffalo River in the dis

water from Buffalo

River.

trict of King William's Town, such a supply of water of the said river as they may require for the purposes of this Act. And for

See Act 22, 1899 (p. 4110) § 12.

No. 21-1881. Governor may

to the Council.

Compensation to diversion of water,

the purpose of enabling them so to do, it shall and may be lawful for the Governor of this Colony, and he is hereby authorised to give and grant to the said Council in full and free property on such grant certain lands conditions as may be agreed upon such Government land as may seem to him desirable on which the said Buffalo River takes its rise, or all such Government land as is situate at or immediately adjoining the point on the said river from whence it is intended that such supply shall be so taken, impounded, diverted, appropriated, and conveyed: Provided, however, that if such taking, impounding, diversion, appropriation, or conveyance, shall deprive any person of any water or any right of water which he persons injured by nay, at the time of the taking effect of this Act, possess or be entitled to in reference to the said Buffalo River, or in any way interfere with, or lessen such water, or right to water, such person shall be entitled to recompense or compensation, to be settled in case of difference, as in the eighth section of this Act provided: Provided, further, that no person to whom any Government land shall be sold or leased after the passing of this Act shall thereby acquire any water or right of water for the interference with or lessening of which by the works hereby authorised he shall be entitled to claim any recompense or compensation.

3. The said council is hereby empowered to construct and make all such works as may, in the opinion of the said council, be necessary and expedient for the purpose of impounding, storing, diverting, appropriating, taking, or conveying the said water, whether by reservoirs, dams, watercourses, or leadings, pipes, conduits, drains, ditches, or other means, and to erect such buildings as may be deemed requisite for the purposes of the said works, for securing an adequate supply of water for the inhabitants of the said town; and for such irrigation purposes, as the said council may deem necessary and expedient.

&c.

Power to make necessary works.

Power to expro

And lands of private owners on

conditions provided for.

4. The council is hereby empowered to enter upon, occupy, cnclose, take, and use for the purposes of this Act any land be- priate Crown lands longing to Her Majesty the Queen, commonly called "Crown lands," or any land set apart for Church purposes, commonly called "Glebe lands," and also to enter upon, occupy, enclose, take, and use any land the private property of any person or persons whomsoever, which may be required for the purposes of this Act, and may agree as hereinafter provided for the purchase or hire of such private land, or may take away, carry away, or use for the purposes of the said works any stone, clay, gravel, or other material requisite for carrying out the said works, and may break up or excavate any land for the purpose of laying down, repairing, inspecting, maintaining, or removing any reservoir or reservoirs, pipe or pipes, or other works, and may either compensate the owners of such lands as hereinafter provided, or enter into any contract relative to obtaining such lands or materials, or for laying down any pipe or pipes, or other works, upon such terms and conditions as may be mutually agreed to.

No. 21-1881.

Power to take Crown and other sources of the Buf

lands to protect

falo River.

Pipes and

in streets.

con

5. It shall be lawful for the said council to acquire and take possession in the manner herein before and hereinafter provided of any land whether belonging to Her Majesty the Queen, commonly called "Crown lands," or land belonging to private persons, that may be required for the purpose of protecting the sources of the said Buffalo River, or the sources of supply from whence the water may flow into the reservoirs, dams, places or place where the said works may take off the water of the said river.

6. The said council are hereby further empowered to lay down duits may be laid pipes or construct conduits under or along any public road or street or under or along any ground set apart in the diagram or conditions of sale of any sale of land as a street or thoroughfare, without making or being liable to make any compensation in respect thereof.

Right of access

Arbitration pro

water or land of private owners expropriated.

7. It shall be lawful for the said council at all times, by themalong line of works selves, their engineers, contractors, or workmen, and with carts or carriages, to have free access and right of way to, over, and along the line of works, and to and from all other property of the said council acquired under the provisions of this Act, for the purpose of adding to, repairing, re-laying, or supervising the said works, or for any other purpose whatsoever that may be deemed expedient by the said council in or about carrying out the purpose of this Act: Provided, however, that such right of way shall in no case exceed a space of six feet on each side of the line of works. 8. Any person or persons from whom any water or right of vided for where water, land, or any stone, gravel, or other material, may be required to be taken for the purposes of this Act, such person or persons shall be bound and obliged to send in to the Mayor of the said council his, her, or their claim or claims for the purchase amount, hire, recompense, or compensation which he, she, or they shall claim to be entitled to for such water or right of water, land, or any stone, gravel, or other material required, or taken, or which shall be required or taken for the purposes of this Act, within twelve months after any such taking as aforesaid, and for that purpose the necessary plans, specifications and reports in conneetion with the said works shall lie at the office in King William's Town of the Town Clerk of the said council, during his usual business hours for and during the period aforesaid, for the inspection of any person or persons who shall be interested therein: After which said period no further or any claim or claims, which shall not have been sent in, in manner herein before provided for, shall be recognised, nor shall such claimants be entitled to recover the amount of their claims, or any portion thereof from the said council, by any means or proceeding whatever: And in case the said council shall not consent or agree to pay the amount of such or any claim or claims then the said council shall cause to be served upon the person or persons whose claim they shall reject, a written notice, offering as recompense or compensation whatever sum of money they shall deem sufficient, and requiring such

person or persons to state, in writing, to the said council, or to some other person by them appointed, within a certain limited time to be specified in the said notice, being not less than fourteen. clear days after the service of such notice, whether he is willing to accept the sum therein mentioned or not; and if such person or persons should refuse the sum offered, or neglect to reply to the said notice, then the said council or other person aforesaid shall, by another notice in writing, call upon such person or persons to refer to arbitration the amount of recompense or compensation to be paid to him or them by the said council or other person aforesaid, and for that purpose to transmit to the said council or other person as aforesaid, within a reasonable time to be specified in the last mentioned notice, the name of some person whom he shall select to be an arbitrator; and the said council or other person as aforesaid upon receiving the name of the person so selected shall nominate a second arbitrator, and the said two arbitrators shall, before proceeding in the arbitration, choose a third arbitrator, the said three arbitrators to sit together, and the said council or other person as aforesaid shall cause a deed of submission to be prepared, which shall be signed by the said council, or other person aforesaid, and by the person claiming such compensation or recompense as aforesaid, and which shall clearly set forth the matter to be determined by the said arbitrators, and the award of the said arbitrators or a majority of them 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 matter referred to their arbitration. And if any person as aforesaid claiming such recompense or compensation for land or materials shall neglect or refuse to name some person to be such arbitrator as aforesaid, or to sign the said deed of submission, then the said council or other person aforesaid may lodge in some joint-stock bank in the Colony the sum of money offered by them as aforesaid in their first notice in this section mentioned, for or on account of and at the risk of such person as aforesaid who shall at all times be entitled to draw the same out of the said bank as his absolute property; and the said council or other person aforesaid, upon so lodging the said um, shall be authorised and entitled to take and use the land or materials in question as freely as if the said sum had been agreed upon between the parties as the sum to be paid, or had been awarded by the arbitrators under the provision of this section, and as if all acts by law required for vesting in the said council or aforesaid a sufficient title to the use of or property in the land or materials aforesaid had been duly done and performed. 9. In case the said council or other person aforesaid shall require to take or use any water, or land, or to dig out or carry away any materials belonging to any minor or other person under guardianship or curatorship, then the guardian or curator, as the case may be, shall be authorised in his capacity as such guardian

other

person