Works to advance to the applicant, by way of instalment, a sum not exceeding one-fifth of the entire sum of the approved loan, provided that no second instalment shall be paid on account of the said loan until the Commissioner of Crown Lands and Public Works shall be satisfied that the sum previously advanced has been expended to the approval of the said Commissioner. 3. The provisions contained in section sixty-five of Act 8 of 1877, regarding the advance by virtue of a certificate under the said Act shall apply to the instalments mentioned in the last preceding section. 4. (1) If any owner shall so desire it, the amount of the rentcharge imposed under the provisions of the said Act No. 8 of 1877 may, with the consent of the Commissioner of Crown Lands and Public Works, be increased to such amount as will repay the sum advanced sooner than the said period of twenty-four years, in the said Act appointed for the payment of such rent-charge; such increased rent-charge to be calculated according to the schedule A hereunto annexed for that purpose. Provision for earlier redemption of 5. (1) Any person entitled to land and charged with such rentcharge as in the said Act No. 8 of 1877 provided, shall be at rent-charge. liberty at any time before the expiration of twenty-three years after the commencement thereof, to redeem such rent-charge or any part thereof, not being less than eight pounds annual charge, on payment to the Civil Commissioner of the district of the arrears thereof (if any), and of such sum as shall be equal to the value of such rent-charge, to be ascertained according to the table in schedule B hereunto annexed for that purpose; and the said Civil Commissioner shall issue and deliver to such owner a certificate of such redemption. Repeal of sec. 59 6. The section 59 of Act No. 8 of 1877 is hereby repealed, and the expenses therein mentioned shall henceforth be paid and of Act 8 of 1877. borne by the Government of this Colony. 7. This Act may be cited for all purposes as "The Irrigation Act Amendment Act, 1880." No. 8-1880.] ACT [July 26, 1880. To Secure in certain Cases the Right of Property in Telegraphic Messages. WHEREAS it is expedient to secure in certain cases the right of property in telegraphic messages: 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: In lieu of annual rent charge there shall be payable in respect of all such loans the amount set forth in the Schedule to Act 11 of 1882 (p. 1839). That Schedule is repealed by Act 14, 1896 (p. 3597) an amended Schedule being substituted. Short title. Preamble No. 8-1880. grams protected 1. Whenever there shall be received at any office of the TeleNewspaper telegraph Department any message transmitted by telegraph from for 120 hours from any place outside the Colony of the Cape of Good Hope for the time of publication purpose of publication in any newspaper, or other printed paper within the said Colony, no person shall, without the consent, in writing, of the person to whom such message shall be addressed, or his agent thereto lawfully authorised, print or publish, or cause to be printed or published, such telegraphic message or the substance thereof, or any extract therefrom until after a period of one hundred and twenty hours from the time of the first publication of such message by some person entitled to publish the same: Provided that such period shall not extend beyond one hundred and thirty hours from the time of the receipt as aforesaid at such office of such message (Sundays excepted): Provided further that the publication of the whole or any part of such telegraphic message, or of the substance thereof, or (excepting the publication of any similar message in like manner, sent and lawfully received by the person publishing the same), of the intelligence therein contained, shall be deemed to be a publication thereof. Period of protection not to exceed 130 hours from re ceipt of telegram. Publication of part or substance to be deemed pub lication of telegram Penalties. Protected telegrams to be headed "by telegraph." Penalty for trans protection. 2. If any person print and publish, or cause to be printed and published, any matter contrary to the provisions of this Act, he shall, upon conviction, be liable to a penalty of not exceeding twenty pounds sterling, and every person who shall be convicted of any subsequent offence against this Act shall be liable to a penalty of not exceeding forty pounds sterling. 3. Every telegraphic message published under the protection of this Act shall be printed with the heading "by telegraph," and shall state the day and hour of its said receipt and publication respectively, and such statement shall be prima facie evidence of the time of the receipt and publication respectively of such message. 4. During the period of one hundred and thirty hours hereinduring period of before mentioned no intelligence protected by this Act shall be transmitted by telegraph to any person by or on behalf of any person other than the person who, under the provisions of this Act, shall be entitled to the exclusive use of such intelligence, and any person contravening the provisions of this section shall, upon conviction as in the second section mentioned, be liable to a penalty of not exceeding twenty pounds sterling for the first offence, and not exceeding forty pounds sterling for any subsequent offence. 5. In any prosecution under this Act the production of any document which purports to be such a telegraphic message as is by this Act protected, and which purports to have been delivered to some person lawfully entitled to receive the same by the Telegraph Department shall be primâ facie evidence that such message is a message within the meaning of this Act. Evidence of protected telegrams. Imprisonment in case penalties not paid. 6. Any person convicted under the provisions of this Act may, in default of payment of the penalty imposed upon him, be im prisoned for any period not exceeding three months, unless such 7. This Act may be cited as "The Telegraphic Messages No. 9-1880.] ACT [July 26, 1880. To Alter and Amend in certain respects Act No. 38 of 1879, en- WHEREAS by the Act No. 38 of 1879 it was, amongst other No. 9-1880. Short title. Preamble. Repeal of incon- 1. So much of the schedule to Act No. 38 of 1879 as is Line of telegraph schedule hereto. 2. In lieu and instead of the line of telegraph being No. 7 in And whereas there is a clerical error or misprint in the 4th Correction of mis- 3. For the words "Act No. 8 of 1877," contained in the 4th 4. This Act may be cited as "The Telegraph Loan Amendment 1879. Short title. No. 10-1880.] ACT [July 29, 1880. Preamble. Former enact- til this Act is en- For (1) Constituting the Town of Graaff-Reinet a Municipality. WHEREAS it is expedient to repeal so much of the Ordinance No. 1. The said Ordinances No. 9 of 1836, No. 2 of 1844, No. 8 Boundaries of the Title of municipal 2. The municipality of Graaff-Reinet shall comprise the town 3. There shall be in the said municipality a body corporate, ' Printed as amended by Act 34 of 1886 (p. 2414). No. 10-1880. Constitution of 4. The council of the said municipality shall consist of nine councillors, one of whom shall be the Mayor, and the said councillors shall be elected by the ratepayers of the said munici- the municipality. pality voting as one constituency in manner hereinafter provided: Provided, however, that every councillor elected before the passing of this Act shall notwithstanding anything herein contained continue to hold office in the said council as if this Act had not been passed. 5. [§§ 5, 6, 7, and 8, repealed by Act 34 of 1886.] 9. (1) The following persons shall be disqualified from voting at any such election: Persons who have been convicted of treason, murder, rape, theft, fraud, perjury, or forgery, and who shall not have received a free pardon. 10. [Repealed by Act 34 of 1886.] Disqualification. Requisitions to be 11. No person shall be deemed a candidate at any election, nor qualified to be elected a councillor, until he shall have been invited sent to councillors. to become such candidate, by a requisition signed by at least five qualified voters, and shall have transmitted such requisition, with his acceptance thereof, addressed to the Town Clerk, and delivered at his office between the hours of ten a.m. and three p.m., at least fourteen days before such election is appointed to take place. 12. The Town Clerk shall, at least ten days before the day appointed for the election cause the names of the candidates for published. election thereat, together with the names of the persons who have signed such requisition, to be published in manner hereinafter mntioned. : Requisitions to be When elections to 13. On the second Wednesday in the month of December in every alternate year, an election shall take place for councillors of take place. the said municipality, the first election, however, to be on the second Wednesday in the month of December after this Act shall have been passed. How poll to be 14. The poll shall be taken by some person or persons and at some place or places to be appointed for that purpose by the taken. Mayor, or in case of the first election, by the chairman of the municipality: Provided that as often as the number of candidates nominated shall not exceed the number of councillor so be elected no poll shall be deemed necessary, but the candidate or candidates 80 nominated shall be deemed and taken to be duly elected : Provided also that the said chairman of the municipality, or Mayor, as the case may be, shall be the returning officer of the said municipality. 15. Every candidate may, if he thinks fit, appoint a scrutineer to see that the votes are fairly taken and recorded. 16. The election shall take place in the following manner: Scruitineers. Number of votes Every ratepayer, qualified as aforesaid may vote for any candidate allowed to each or candidates, not being more than the number to be elected, by See also § 6, Act 34, 1886. voter. |