No. 25-1882. To make, &c. 3. The said corporation hereby created shall have power from time to time to make, rescind or alter rules or regulations as to rules and regula- the admission of its members, or the expulsion of any such members, and for the general good management and guidance of the association and the furtherance of its objects. tions. Existing rules to apply meanwhile. Short title. Preamble. 4. Until any new rules and regulations, as in the last preceding section mentioned, shall have been framed by the corporation hereby created, the existing rules and regulations of the association shall be and continue in force; and all persons now holding office shall continue to hold office in accordance with and subject to the provisions of such rules and regulations. 5. This Act may be cited as the "Port Elizabeth Chamber of Commerce Act, 1882." No. 25-1882.] ACT [June 29, 1882. To Authorise the Reduction of the Quitrents payable on certain WHEREAS the late Government of Griqualand West by Government notice, dated the 21st day of July, 1879, intimated that it had been decided that all titles to farms in the said Province, the quitrent on which was in excess of one pound per thousand morgen, might be exchanged for other titles, subject to certain terms of occupation and tenure at a quitrent of one pound per thousand morgen, provided that such exchange were made on or before the thirtieth day of November, 1879: And whereas by further notice issued by the said Government, the said period was extended to the thirty-first day of December, 1879, and again to the 31st day of March, 1880: And whereas, while certain persons, owners of such quitrent lands, availed themselves of the benefits of the said notices, others, in ignorance of the existence of such notices, and from other causes, were unable to do so: And whereas it is just and expedient that effect should be given to the intentions of the said late Government, and that the Governor of the Cape of Good Hope should be authorised, if it shall to him seem fit to do so, to reduce the quitrents on any grants of land in the late Province of Griqualand West on which the quitrents payable are in excess of one pound per thousand morgen, to such an extent, not less than one pound per thousand morgen, as he shall think fit notwithstanding that application was not made within the time mentioned in the said notices respectively, and without reference to any conditions in the said notices set forth: 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, as follows: 1. It shall be lawful for the Governor to reduce the quitrents payable under any of the grants in the preamble of this Act referred to, to such an extent as shall seem to him to be fair and reasonable and from such date as he may determine: Provided that no such quitrent shall in any case be reduced below the rate of one pound per annum for each one thousand morgen granted. 2. The reduction of such quitrents shall be recorded on the face of such grants by the Surveyor-General, or on the deeds of transfer by the Registrar of Deeds in case the land granted shall have been transferred from the original grantee, upon production. of a certificate under the hand of the Commissioner of Crown Lands and Public Works, stating that such reduction has been authorised by the Governor under the provisions of this Act. 3. This Act may be cited for all purposes as "The Griqualand West Quitrents Reduction Act, 1882." Act 26-1882.] ACT (1) [June 29, 1882. To Afford greater Facilities to Persons having a right to Water, to convey the same across the Lands of other Persons. WHEREAS it has been found that the existing law enabling persons having a right to water to convey the same across the lands of other persons is insufficient for the purpose, and leads to much litigation: and whereas it is desirable to amend and improve such law : Be it therefore enacted by the Governor of the Cape of Good Hope, by and with the advice and consent of the Legislative Council and the House of Assembly thereof, as follows: 1. The Act No. 24 of 1876, being "The Right of Passage for Water Act, 1876," is hereby repealed, except as to things done or proceedings pending at the time of the taking effect of this Act. 2. Every person having a legal right to any water in any stream or river, or derived from any spring, dam or reservoir, and wishing to employ it for irrigation or hydraulic works, or any other useful purpose, shall be entitled to claim the right, temporarily or in perpetuity as he may elect, to convey such water from or over any land belonging to, or in the occupation of any other person (upon payment of compensation to such last mentioned person in manner hereinafter provided), in every case in which such right is necessary to enable the person claiming the right to use the water for any of the purposes hereinbefore mentioned, or to make a more beneficial use of it than such claimant would otherwise have. No. 26--1882. Governor may re duce quitrents, but not below £1 per 1.000 morgen. Reductions to be recorded on grants, or on transfers. Short title. Preamble. Repeal of Act 24 of 1876. Person with right to water may con vey it over lands of others subject to compensation. Notice of desire acquire right. 3. Every person desiring to acquire the right to convey water as in the last section mentioned shall give notice thereof in writing to to the person owning or occupying the land over which he desires to acquire the same, describing in such notice the line of passage along which he proposes to convey the water, the mode in which See also § 10, Act 40, 1899 (Water Act.), (p. 4216). such No, 26-1882. In case of no private agreement, ar place. he wishes to convey it, the works which he proposes to construct upon such land in order to give effect to his purpose, the amount of compensation which he offers, and the period of time during which he wishes to possess the said right. 4. In case the person from whom such right is claimed and the bitration to take person claiming such right shall not within one month after the service of such notice as aforesaid agree as to the line of passage to be adopted, the mode of conveying the water, the works, or the construction of the works, necessary for such conveyance, or the compensation to be paid in respect thereof, the person claiming the right shall be at liberty, by another notice in writing, to call upon the party from whom the right is claimed to refer to arbitration all the several matters in dispute between them. Powers and duties of arbitrators. 5. The (1) arbitrators shall, in any matter referred to them under the provisions of this Act have power to do all or any of the following things: (1) To give the party claiming the right aforesaid, the line of passage chosen by him, or such other line as may be deemed most beneficial to such party, and as little injurious as possible to the other party. (2) To specify the manner in which the water shall be conveyed, and the nature of the works to be constructed for conveying it. (3) To award the amount of compensation to be paid for the possession and exercise of the right of passage of water, in one sum, or in different sums at different times, or by way of annua! rent. (4) In case the land over which the right of passage is claimed shall be under lease, to determine the amount of compensation to be paid to the lessee for any injury which such lessee may sustain by reason of the exercise of such right. Provided that: (1) The arbitrators shall set off against and deduct from the amount of such compensation as would otherwise be claimable, the amount which such arbitrators shall estimate the benefit and advantages to be derived by the owner, or lessee, or owner and lessee respectively, as the case may be, of the property by reason of the construction of irrigation works over such property. (2) It shall not be competent for the arbitrators to award any right of passage for water in any case in which it shall appear to such arbitrators that such water is insufficient in quantity for any useful purpose. (3) The power to award compensation to a lessee may be exercised whether such lessee shall or shall not be a party These functions may be exercised by Superior or Water Court § 10. Act 40, 1899, (p. 4216). to the arbitration, if in the course of proceedings under No. 26-1882. Mortgagees to be bitration. 6. If any mortgage bond shall be existing on the said property the mortgagee shall be made a party to the said arbitration, and made parties to arshall receive the like notices as are required to be given to the proprietor; and any compensation to be paid under this Act shall be made to the mortgagee in reduction of the mortgage: Provided that if the land is owned by more than one person, and only the share of one or more such persons is mortgaged, a pro rata portion only of such compensation shall be paid to the mortgagee. 7. If at any time the Government shall require or deem it expedient to take or use any land, or the bed of any river, stream or river tributary, for the purpose of irrigating any land, or of constructing thereon any dam, reservoir, or other irrigation work, and there may not be any right or power by law to take or use such land or property without the consent of the proprietor thereof, it shall be lawful for the Governor to take or use such land or property for the purpose aforesaid, and the proprietor thereof shall thereupon be entitled to compensation, to be settled in case of difference by arbitration. 8. All channels and other works required for the conveyance of water under the provisions of this Act shall be constructed and maintained solely at the cost of the person claiming the right of passage for such water. In case Government require lands, streams, &c. Works to be con structed at cost of right of passage. party claiming In case of roads such passage. 9. In carrying water across any public roads such works shall be constructed by the person exercising the right of passage as the being crossed by Divisional Council of the division, or as to roads within a municipality the commissioners of the municipality, or the Town or Borough Council, as the case may be, in which the proposed crossing is situated, may consider necessary for the purpose of preventing danger or inconvenience to persons using the said road, and any works so constructed shall thereafter be maintained in repair by the person using the same. 10. No such proceedings as are authorised by this Act shall be taken in any case where the right to the water for which a passage is claimed is in dispute until such dispute shall have been settled by the judgment of some competent Court. In case right to water disputed. Persons having passage. 11. Every person who shall have acquired, under the provisions of this Act, a temporary right to the passage of water, shall be temporary right of entitled at any time to have such temporary right converted into a permanent one on paying to the person against whom he enjoys the said right such amount as compensation for such conversion as may be agreed upon between them; and in case no such amount shall be agreed upon, the difference between the said parties shall be referred to arbitration. Servitudes to be 12. All servitudes, which shall arise from or be created by the provisions of this Act shall be duly registered on the title deeds of registered. No. 26--1882. Person having right of passage bound to repair watercourses, &c. In what cases &c.. must be constructed. the dominant and servient properties in the Deeds Registry Office of this Colony. 13. In the event of any channel constructed under this Act across the land of another person being out of repair or in want of cleaning, the person having or claiming the right of passage of water through such channel shall be bound, upon receipt of a notice in writing from the proprietor of such land requiring him so to do, to repair or clean, as the case may be, such channel within a reasonable time, and in the event of his failing so to do, it shall be lawful for such proprietor to cause all necessary repairs or works to the said channel to be done, and to recover the cost thereof from the person having or claiming such right of passage as aforesaid and any person having or claiming such right of passage as aforesaid who shall knowingly allow or suffer any such channel to be out of repair or foul, shall be liable for all damage which may arise therefrom. 14. In cases where the waters flowing in any channel made bridges. culverts, under this Act for the benefit of individuals prevent the adjoining proprietors from passing freely to their property, or check the circulation of water in the irrigation or drainage of the same, the parties benefiting by the water shall be bound to construct and maintain in good order all bridges and other works necessary for intercommunication in a sure and convenient manner, and shall be further bound to construct and maintain such culverts, aqueducts, and other like works, as are required for the free progress of irrigation or drainage, except there shall be some agreement or legitimate title to the contrary. 15. The establishment of a servitude such as before mentioned shall involve the right of everything necessary to its use, including the right to clean and repair; but the right of passage for water shall not give the party exercising it the right of property either in the land at the sides or forming the bed of the channel, and all burdens attached to the land shall be borne by the proprietor of the land. 66 16. For the purposes of any arbitration under the provisions of this Act, the provisions of The Lands and Arbitration Clauses Act, 1882," are hereby incorporated. 17. The word "person" and the word "party" in this Act shall include government, divisional council, municipality, corporation, and joint-stock company. 18. This Act may be cited as the "Right of Passage of Water Act, 1882." |