VIII. CORPORATE OFFICERS.

42. On the Saturday following the day of every general election in every year, the Councillors shall elect from among themselves, by a majority of votes, the Mayor of the Borough, who shall hold office until the election of his successor.

43. [Mayor to be ex officio Justice of the Peace.]

44-46. [Vacancy in mayoralty, how to be filled.]

47. [Members of Legislative Council, office-holders of government, and members of army and navy to be exempt from serving as Councillors.]

48. [Office of Mayor, how forfeited.]

49. [Councillors not to enter into contracts.]

IX. POWERS OF THE COUNCIL.

50. The Council shall have power and authority to do the following acts: [To make roads, streets, bridges, and waterworks; prevent destruction by fire; abate nuisances; establish markets; assize weights and measures; regulate slaughterhouses; register carts and wagons; make rules for the use of common pasture lands, and establish and regulate pounds.] 51. [Council to frame bye-laws.]

52. [Council to raise funds for public works by sale or mortgage of land.]

53. [Council may lease corporation lands for periods not exceeding fifty years.]

54. [Similarly council may lease mines.]

55. [Lands not to be sub-let.]

X. MEETINGS OF COUNCIL.

56. [Majority of council to decide questions.]

57. [Ordinary meetings to be held once a month.]

58. [Special meeting may be called for a specified object.] 59. [Meetings to be open to the public.]

60. [Mayor, if present, to preside. In his absence, council

to elect a chairman.]

61. [Person presiding to have a casting vote.]

62. [Minutes to be kept.]

63. [Minutes to be open to inspection.]

XI. APPOINTMENT OF COMMITTEES AND PUBLIC OFFICERS. 64. [Council may appoint committees out of their own number for special purposes.]

65. [Council to appoint Town Clerk, Treasurer, etc. and fix their salaries.]

66. One-half of the cost of maintaining the Police Force for the Borough shall be paid out of the funds belonging thereto,

and the other half of such cost shall be paid out of the Public Treasury of the District.

67. [For this purpose the Council shall receive the amounts arising from certain licenses.]

68. The said Police Force shall be under the control and management of a Board, to be called the Borough Police Board, which shall consist of the Resident Magistrate, the Mayor, and one of the Councillors, elected by the Council.

69. The said Board shall, with the consent of the LieutenantGovernor, have power to appoint and remove constables, and to make regulations touching their number, pay, allowances, and duties; and such constables shall have all such powers, and be subject to all such liabilities as Constables may by law have or be liable to, and shall obey all lawful directions touching the execution of their office, which they may from time to time receive from the Resident Magistrate, or other Magistrates, or Justices of the Peace having jurisdiction within the Borough.

XII. REGULATIONS REGARDING ASSESSMENTS, TOLLS, AND DUES. [70-84.]

XIII. RIGHTS RESERVED BY THE GOVERNMENT WITHIN THE BOROUGH.

85. [Wharves, arsenals, and other public buildings to be considered as not forming part of any Borough.]

XIV. MISCELLANEOUS PROVISIONS.

86. [Manner of publishing notices, accounts, etc.]

87. [Penalties to be recovered before resident magistrates.] 88. [No person to be deemed an incompetent witness by reason of his being liable to contribute to any Borough rate.] 89. [Council liable to be proceeded against.]

90. [Ordinance to take effect from the date of publication.] [Schedules.] P.R.O., C.O. 180/1.

MUNICIPAL CORPORATIONS. [16 Aug. 1861.]

No. 21, 1861.

No. 134. Law. For improving and consolidating the Laws in regard to Municipal Corporations.1

[Ordinance No. 1, 1854, is repealed, but substantially re-enacted by this law, except that provision is made for the payment of mayors, the property and occupancy qualification of electors is doubled, the property qualification of councillors is trebled, and Councils are authorised to

1 Cf. also Law No. 19, 1872, "To repeal and re-enact with amendments the Laws in regard to Municipal Corporations,"-not printed in full in this volume.

issue trade licenses and employ the fees paid for the use of their respective boroughs. Novel principles are contained in the following sections:]

77. The Mayor shall hold a Court in every borough, which Court shall be a Court of Record, and shall be designated the Borough Court." Provided always, that the Mayor shall not hold such Court until the Lieutenant-Governor shall, by proclamation, declare that the power of holding such Court may be applied to any borough now existing, or hereafter to be created; and provided, that no such proclamation shall be issued, unless on application of the Council, founded on resolution carried by three-fourths of a full Council.

78. [In absence of mayor, Council to elect a Councillor to hold the Borough Court.]

79. The Mayor and the said Borough Court shall, within the limits of the borough, have all the powers, authorities, and jurisdiction, civil and criminal, as are, by any Law or Ordinance now in force, vested in, or possessed by any Resident Magistrate, or in or by the Court of such Resident Magistrate, as the case may be Provided that the said Mayor shall have no power, authority, or jurisdiction in respect of any Laws in regard to the sale, purchase, dealing, or possession of fire-arms, gunpowder, or other munitions of war; and provided, that the Mayor of Durban shall not be competent to exercise the jurisdiction conferred on the Resident Magistrate of Durban by Ordinance No. 8, 1852, entitled, "Ordinance to extend the jurisdiction of the Resident Magistrate of the Division or County of Durban in Civil Cases."

80. All Laws or Ordinances now in force, or hereafter to be in force, except as aforesaid, and all rules now applicable to the Resident Magistrate, or to the Courts of the Resident Magistrate, shall be applicable within every borough, to the Mayor, or to the Borough Court hereby established.

81. The officers of the said Borough Court shall be appointed by the Mayor and a majority of the Councillors of every borough, and shall be paid out of the funds of every such borough.

82. [The fees and charges taken shall be paid into the Borough Funds.]

83. On the proclamation of any Borough Court under this Law, the Resident Magistrate and the Resident Magistrate's Court shall cease to exercise any power, authority, or jurisdiction within the borough, in respect of any cause or action arising within the limits of the borough.

84. [Jurisdiction of Resident Magistrate of Durban under previous ordinances not repealed by this Law.]

85. Nothing in this Law contained shall be construed to

prevent the Resident Magistrate from holding the Court of the Resident Magistrate, and from exercising the powers by law vested in him as such Resident Magistrate for the County or Division, in the borough town, or at any other place within the borough.

86. [Borough Court to have no jurisdiction over the county gaol.]

87. Every borough may establish, erect, construct, and maintain a lock-up house, for the temporary detention of persons arrested, and may appoint such officers as to the Mayor and a majority of the Council of such borough, may appear fit and necessary for the proper management and government thereof.

P.R.O., C.O. 180/2.

MUNICIPAL CORPORATIONS.

No. 19, 1872.

No. 135. Law to repeal and re-enact with Amendments the Laws in regard to Municipal Corporations. [20 Dec. 1872.] [The provisions relating to the Borough Courts mentioned in Law No. 21, 1861, are omitted; but the following clause is of special interest :]

74. The Council may make such bye-laws as they shall deem meet for the ordering of their proceedings, not being inconsistent with the provisions of this Law, for conducting the elections of Mayor, Councillors, and Auditors, in any cases which may not be sufficiently provided for by this Law, and for determining the duties of any officers, servants, and others appointed by the Council; and all such bye-laws as to them shall seem meet for the more effectual exercise of the powers, permissions, regulations, and authorities hereby given, and for the good rule and government of the borough, and from time to time may alter, amend, vary, or annul such bye-laws; and may make such regulations, and determine such punishments and fines as they may consider requisite for the prevention and suppression of offences, and for the better enforcement of the said several bye-laws, and for the recovery of the costs of prosecution in cases of contravention of bye-laws; and may give power to the police or other proper officers summarily to arrest persons contravening such bye-laws, or the provisions of the Vagrancy Law, No. 15, 1869, where applicable to boroughs, and lodge them in the station-house of the borough until they can be brought up for trial, and may give power to the officer in charge of such station-house to take bail in certain cases for the appearance of such persons, and for the summary trial and conviction of offenders: Provided,

that no such punishment shall exceed imprisonment with or without hard labour, and with or without spare diet, for a period of three months, of a fine of Ten pounds sterling, or imprisonment as aforesaid, in default of payment of any such fine and costs: Provided, that the bye-laws in force at the time of the passing of this Law shall, until repealed by the Council, be and continue in force as bye-laws under this Law: And provided always, that the superintendent of police of any borough, or other person appointed by the Council, shall and may at his own instance, and without obtaining permission or certificate from the Attorney-General, prosecute in the Resident Magistrate's Court in the borough, for all contraventions of such bye-laws and of the said Law, No. 15, 1869, and of the Law or Ordinances in clause seventy-one mentioned, provided such contraventions be committed in the borough.

Ordinances,... of Natal, ii. 941.

SECTION C.

ADMINISTRATION OF JUSTICE.

ESTABLISHMENT OF THE ROMAN-DUTCH LAW. No. 12, 1845.

No. 136. Ordinance.-Enacted by His Excellency the GOVERNOR OF THE CAPE OF GOOD HOPE, with the advice and consent of the LEGISLATIVE COUNCIL thereof, for establishing the Roman-Dutch Law in and for the District of Natal. [27 Aug. 1845.]

WHEREAS it has pleased Her Majesty the Queen, by certain Letters Patent, bearing date 31st day of May, in the Seventh Year of Her Reign, to annex to this Settlement of the Cape of Good Hope, as a part or portion thereof, the District of Natal in South Africa: And whereas by the said Letters Patent, it is amongst other things provided, that no law, custom, or usage in force within this Settlement should, by virtue merely of the said Letters Patent, extend to, or become in force, within the said District of Natal; but that it should be competent for the Legislature of this Settlement, subject to the limitations, conditions, and provisions in the said Letters Patent mentioned or referred to, to make, ordain, and establish all such Laws and Ordinances as to them should seem meet for the peace, order, and good government of the said District of Natal.