previous approval of a majority of the ratepayers of the said Municipality present and entitled to vote at any meeting of ratepayers specially called for that purpose in the manner meetings of ratepayers are convened by the present private Act of the said Municipality, No. 14 of 1859.

No. 13--1892.

Commissioners

2. It shall be lawful for the Commissioners of the said Municipality to impose, if necessary, for the purpose of providing for the may impose a tax. repayment of the capital and of the payment of the annual or halfyearly interest thereon, a certain rate or tax upon all present and future rateable property within the said Municipality, and every rate so imposed shall be of the same force and effect, and be levied in the same manner as rates or taxes are now imposed or levied under the provisions of the said Act No. 14 of 1859.

Payment out of

Provided that it shall be lawful for the said Commissioners to apply to the payment of capital and interest, or either, any funds other funds, or moneys accruing to the said Commissioners from any source whatever and not specially appropriated for any other object.

3. The Commissioners shall grant to the party or parties, or Debentures or accompany, society, or co-partnership from whom they shall borrow knowledgments. such moneys as aforesaid, a debenture or written acknowledgment of or for the moneys borrowed by them for the purposes aforesaid, not exceeding in the whole the said sum of £30,000, which debenture or acknowledgment shall be as near as may be in the form in the Schedule annexed to this Act; and shall be signed by two of the Commissioners for the time being appointed for that purpose by a resolution of the Board of Commissioners of the said Municipality.

4. The said Commissioners shall cause to be kept a separate Separate accounts account of all moneys borrowed under this Act and of the interest to be kept. paid thereon, and of the expenditure of such moneys, and shall at their annual meetings under the Act 14 of 1859, exhibit for the inspection of the ratepayers an account showing the particulars aforesaid, and give such other information as shall be necessary and lawful.

Expenses of this

5. It shall be lawful for the Commissioners to pay the expenses for obtaining this Act, and carrying the provisions thereof into Act. effect, out of the present general revenue of the Municipality.

6. This Act may be cited for all purposes as "The Municipality of Green Point and Sea Point Loan Act, 1892."

SCHEDULE.

We, the undersigned Commissioners of the Municipality of Green Point and Sea Point, duly authorised thereto by the Board of Commissioners of the said Municipality, do hereby acknowledge that the said Commissioners in their said capacity are indebted to

in the sum of

for so much money borrowed by the said Commissioners for the purposes set forth in "The Municipality of Green Point and Sea Point Loan Act,

Short title.

Schedule.

No. 14-1892.

Contingencies Account may be

opened in books of Paymaster

General,

Limit of liabilities incurred on emergency without

ment.

1892," and certify that the said sum is secured by the said Act in such manner and form as by the said Act provided.

And we further covenant and engage in our said capacity that the principal and interest of the said debt shall be payable and paid in manner following, that is to say :

189

Given under our hands at Sea Point, this

WITNESSES :

No. 14-1892.]

ACT

day of

[October 14, 1892.

To Establish a "Contingencies (1) Account."
BE it enacted by the Governor 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. To enable the Executive Government from time to time to incur expenditure on such unforeseen services as cannot be postponed without serious injury to the public interests, until adequate provision can be made therefor by Parliament, an account shal be opened in the books of the Paymaster-General, entitled the "Contingencies Account," to which temporary advances to meet such expenditure may be charged on warrants of the Governor: Provided that such advances shall not be available for expenditure on any new department or office, unless Parliament shall have made provision for the same: Provided, also, that no such warrant shall be granted until the Controller and Auditor-Generai shali have certified that the proposed advance may be made according to law.

2. Any liabilities thus incurred on emergency without the previous authority of Parliament shall in no case exceed the sum authority of Parlia of two (2) hundred thousand pounds, together with the excess if any of the railway revenue actually collected within any portion of the financial year then current, over the estimated railway revenue for such portion: unless in respect of any financial year some larger sum shall have been prescribed in the resolutions of both Houses of Parliament as a maximum limit thereof: Provided that such excess of the actual over the estimated railway revenue shall be available only for any insufficiency of the Votes for the Working and Maintenance of Railways, to cover expenditure properly chargeable as ordinary Working and Maintenance Services, and shall not be available for any unauthorised work or service properly or usually regarded as belonging to Railway Capital Account, which may have been included in such votes, or for any other unauthorised service.

Advances, how repaid.

3. Such advances may be repaid out of moneys appropriated by Parliament for that purpose, but the aggregate unadjusted balance of such advances shall in no case exceed the sum of (2) two hundred

Amended by Act 23, 1896 (p. 3612).

2 Printed as amended by Act 23, 1896. See also Act 6, 1902 (p. 4359), indemnifying the Governor for issue of warrants to cover expenditure incurred in financial years 1900-01 and 1901-02, in consequence of a state of war.

thousand pounds, together with such excess of the actual over the estimated Railway Revenue, or such larger sum as may have been prescribed in the aforementioned resolutions of both Houses of Parliament.

4. It shall be lawful for the Controller and Auditor-General, on the requisition of the Treasurer of the Colony, to authorise and allow the issue from the Exchequer account of such sums as may from time to time be necessary to enable such advances to be made: Provided that the aggregate amount of such issues unadjusted shall in no case exceed the sum of (1) two hundred thousand pounds, together with such excess of the actual over the estimated Railway Revenue, or such larger sum as may have been prescribed in the aforementioned resolutions of both Houses of Parliament. 5. Should any Accounting Officer pay or authorise payment from public funds for any service which is unauthorised according to Regulations framed under the provisions of this Act or of the sixth section of the "Audit Act, 1875," and which is not covered by advances authorised by the Governor under the provisions of this Act, it shall be the duty of the Controller and AuditorGeneral to surcharge such Accounting Officer personally in the amount so paid, and also to surcharge in a like sum every other officer who may have directed the payment to be made or the service to be performed, notwithstanding that he knew, or with the exercise of reasonable diligence ought to have known, that the payment or service had not been authorised by Parliament, or that the provision made by Parliament had been exhausted, and that it had not been covered by advances made under the provisions of this Act; and the amount of every such surcharge in so far as it is not duly covered by advances made under the provisions of this Act, shall be recovered from such Accounting Officer, and any such other officer or officers, by deductions from their salaries under the provisions of the fourteenth section of Act 32 of 1888, or in such other manner as the Governor may direct: Provided that the total amount thus recovered from all the officers surcharged shall not exceed the amount of the surcharge: Provided further that the provisions of the twenty-fifth section of the "Audit Act, 1875," shall apply to every such surcharge.

6. Any advance from the Contingencies Account for which Parliament may refuse to make provision during the ordinary session next after the date on which such advance shall have been made, shall be recovered from such persons and in such maner as may directed in resolutions of both Houses of Parliament.

be

7. The provisions of the sixth section of the "Audit Act, 1875," shall apply to this Act precisely as if the section were repeated herein.

8. This Act may be cited for all purposes as the "Contingencies Account Act, 1892."

I Printed as amended by Act 23, 1896.

Short title.

Laws repealed.

Interpretation of

terms.

Management and control of pounds not in a Municipality, vested a Divisional Council.

No. 15-1892.]

ACT

[September 2, 1892.

To Consolidate and Amend the Law with regard to Pounds. (1) BE it 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:

PRELIMINARY.

1. This Act may be cited as "The Pounds and Trespasses Act. 1892."

2. The laws mentioned in Schedule A to the extent therein set forth, and so much of any other law as may be inconsistent with any of the provisions of this Act, are hereby repealed, except as to acts done, rights acquired, liabilities incurred, offences committed, or proceedings taken before the passing of this Act.

3. For the purposes of this Act, the following terms shall, unless the context otherwise indicate, have the meanings set against them respectively:

"Cattle," bulls, cows, oxen, heifers, steers and calves.

"Horses," horses, mares, geldings, colts, fillies, asses and mules. Sheep," rams, ewes, wethers, lambs.

66

Goats," rams, ewes, wethers and kids.

"Ostriches," domesticated male and female ostriches and ostrich

chicks.

"Animals," shall include horses, cattle, sheep, goats, ostriches and pigs.

66

Stallion," male horse, ass or mule not castrated.

Flock," any number of sheep or goats more than one, which are in one lot, or under the charge of one person.

Proprietor," any owner, lessee, or occupier of land.

Owner," the proprietor of any animal or the agent or caretaker for the proprietor.

"Sufficient fence," when applied to wire fence, shall mean a fence of so many wires and of such construction as the Divisional Council of the division in which the fence is situated shall from time to time decide; in other cases a wall, fence or barrier at least four feet six inches high and through which no animal could pass without breaking.

"Field-cornet" shall include assistant field-cornet.
"Division." fiscal division.

"Council," the divisional council of any division.

ESTABLISHMENT OF DIVISIONAL POUNDS AND APPOINTMENT OF

POUNDMASTERS.

4. The management and control of every pound which is not all situated in a (2) municipality or corporate town shall be vested in (') See Act 11, 1893 (p.3151). Private land where registered servitude of outsp exempted from operation of this Act. As to scabby sheep sent to Pound, see § 35. Act 20, 1894 (p. 3358).

As to Municipal pounds, see § 81 of this Act and §§ 109 and 164 of Act 47. 1882, (p. 1961.)

the council of the division in which such pound is situate. And every such pound lawfully established at the date of the taking effect of this Act shall continue thereafter to be a lawful pound, within the meaning of this Act.

No. 15-1892.

Governor may at

pounds.

5. The Governor may, at the request of the council of any request of Council division, establish, by proclamation in the Gazette, a pound at any proclaim or abolish spot desired by such council; and may similarly abolish any existing pound. But nothing herein contained shall prejudice any legal rights vested in any person lawfully interested in the continuance of any pound which may hereafter be abolished, or deprive such person of any legal remedy arising out of any contract with any council.

Council may ap

poundmasters.

6. The council of any division may appoint and dismiss any poundmaster in the division, subject to the terms of the contract point and dismiss entered into between such council and such poundmaster: Provided that

(1) No person shall, at the same time, be poundmaster of more
than one pound; and

(2) No person shall be appointed or continued as poundmaster
who is a licensed dealer in intoxicating liquor.

DUTIES OF POUNDMASTER.

7. It shall be the duty of every poundmaster to receive into his charge all animals tendered at his pound, between sunrise and sunset, by any proprietor, or by the caretaker for any proprietor, or by any person authorised in writing thereto by such proprietor or caretaker, in order to be impounded as having been found trespassing upon the land of such proprietor.

And any poundmaster who refuses or neglects to receive animals tendered as aforesaid shall be liable on each occasion to a fine not exceeding five pounds. And he shall, in addition, be liable for any damage caused to the owner of the said animals, or to any other person, by reason of such refusal or neglect.

Provided that in case any horse or cattle suffering from any contagious disease shall be sent to the pound, such horse or cattle shall be kept separate from all other impounded stock, and the poundmaster shall cause the same to be destroyed under the provisions of section fourteen of this Act.

Receipt for im

8. Every poundmaster shall give to the person delivering animals into his charge a written receipt, setting forth the number and pounded animals, description of the animals so delivered, and specifying the trespass for which the said animals are reported to be impounded.

9. Every poundmaster shall maintain in good repair, and as far

Number of en

as possible free from all infection, not less than three separate closures to be kept. enclosures, for ostriches and horses; for cattle; and for sheep, goats and pigs.

But any council may, in regard to any pound in its division, give permission to the poundmaster to maintain in manner aforesaid a lesser number of enclosures.