XXXIV. And be it enacted, that the four members first elected in each division . . . shall . . . remain in office for the next ensuing three years. P.R.O., C.O. 50/1. CREATION OF DIVISIONAL COUNCILS. [8 June 1855.] No. 5, 1855. No. 57. An Act.-For Creating Divisional Councils in this Colony.1 WHEREAS it is expedient that Boards should be established in the several divisions of this colony, for the better administration of their local affairs: And whereas it is expedient to make provision, by this Act, for the better administration of the functions now performed by the Divisional Road Boards, the District School Commissions, and of the Court for the better Regulation of Pounds and Prevention of Trespasses, leaving it to Parliament, hereafter, from time to time, by other Acts thereof, to bestow or impose such further powers, functions, and duties upon such Boards as shall be provided and prescribed: And whereas it is expedient that such Divisional Boards should be called Divisional Councils, and that all the members of every such Council, with the exception of the Civil Commissioner, should be elected by the inhabitants : Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and the House of Assembly thereof, as follows: I. The Ordinances No. 8, 1843, and No. 16, 1847, as far as they are contrary to, and repugnant to or inconsistent with, the provisions contained in this Act, are hereby respectively repealed. II. Every division of this colony shall be divided into six subdivisions, to be called districts, and every such district shall elect one person to be a member of the Divisional Council of such division. III. [Governor to define limits of districts in each division.] V. All persons in any such district, registered as voters under the ordinance for constituting a parliament for this colony, and no other persons, shall be entitled to vote for the members of the Divisional Council, to be elected by such district. VI. [Polls to be taken by field-cornets in their respective wards.] 1 Cf. the Divisional Councils Acts No. 4 of 1865 and 40 of 1889, not printed in this volume. VII. No voter shall vote except in the field-cornetcy in which such voter stands registered. VIII. Every person registered as a voter, for any division, under the ordinance aforesaid for constituting a parliament, shall (except as hereafter excepted) be eligible to be elected, by any district into which such division shall be subdivided as aforesaid, to be the member for such district of the Divisional Council of such division: Provided that no person holding any office of profit under Her Majesty the Queen within this colony, and no uncertificated insolvent, shall be eligible to be elected. IX. [When field-cornets are to take a poll.] X. [Poll to be open from 8 a.m. to 5 p.m.] XI-XVI. [Manner of polling, counting of votes, etc.] XVII. [Civil Commissioner to publish names of persons elected.] XVIII. [And to call the first meeting.] XXI. [Who to preside if Civil Commissioner is absent.] XXVII. [Manner of filling vacancies.] XXVIII. [Civil Commissioner's Clerk to act as secretary of Divisional Council.] XXIX. [In what terms Divisional Councils shall be referred to.] XXX. [Each Divisional Council to frame standing rules and orders, which must be submitted to the Governor for his approval.] XXXI. The powers and functions now vested in the Divisional Road Boards, by Ordinance 8, 1843, shall, from and after the passing of this Act, cease and determine, and all such powers and functions shall be vested in the Divisional Councils by this Act created: Provided that, in regard to the division of the Cape, the joint boards of commissioners and wardmasters of the municipalities of Cape Town and Green Point, voting together as one constituency, shall be entitled to elect three persons, who shall, in regard to all matters connected with the powers and functions in the said Ordinance mentioned, be entitled to sit, deliberate and vote with the members of the Divisional Council of the Cape Division, precisely as if ordinary members thereof: Provided that, as soon as may be after the Civil Commissioner of the Cape Division shall have issued the notice in the 9th section of this Act mentioned, he shall, by a notice to be published in the Government Gazette, appoint a day and hour and fix a place for taking the poll of the joint boards aforesaid, upon which day, and at which place and hour, the said Civil Commissioner shall attend to take the poll; and such Civil Commissioner shall cause the names of the three persons who shall be elected by a majority of votes to be published in the Government Gazette; and provided that such notice as aforesaid shall be published for not less than fourteen days before the day named for the taking of the poll: Provided also that every member of such joint boards shall have three votes, but shall not be entitled to give more than one vote to one person: And provided further, that the three persons so elected as aforesaid shall receive due notice of all meetings of the Divisional Council of the Cape Division, for the consideration of all matters relative to the road administration vested, as aforesaid, in such Council, according to such standing rules and orders in that behalf, as shall be framed by the Divisional Council and approved of by the Governor: And provided, lastly, that all liabilities, lawfully existing, against any divisional road board shall survive against the Divisional Council of the same division. XXXII. The powers and functions now vested in the several District School Commissions shall likewise so cease and determine, and the Divisional Councils created by this Act shall henceforth perform and exercise all functions required to be performed by such School Commissions in their respective divisions. XXXIII. The powers vested in the Civil Commissioners and Justices of the Peace, under and by virtue of section 27, Ordinance No. 16, of 1847, entitled an Ordinance for the Better Regulation of Pounds and Prevention of Trespasses, shall cease and determine, and be vested in and exercised by the said Divisional Councils, from and after the promulgation of this Act. XXXIV. This Act shall commence and take effect from and after the promulgation thereof. P.R.O., C.O. 52/18 (C. of G. Hope Govt. Gazette, MANAGEMENT OF PUBLIC ROADS. [5 June 1858.] No. 58. An Act.-To provide for the Management of the Public Roads of the Colony. WHEREAS it is expedient to make other and better provision for the maintenance and improvement of the Public Roads of this Colony: Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and the House of Assembly thereof, as follows: I. Except as hereinafter provided, Ordinance No. 8, 1843, entitled "An Ordinance for improving the Public Roads of the Colony," and Ordinance No. 12, 1844, amending the aforesaid Ordinance, and Ordinance No. 17, 1847, declaring the meaning and construction of the 21st section of the aforesaid Ordinance, and Ordinance No. 7, 1848, amending and continuing certain provisions of the aforesaid Ordinance, shall be repealed from and after the last day of December next. II. From and after the first day of January next, the several roads of the colony, which may by any Act of the Legislature of this colony be declared to be a main road, shall be under the charge of the general Government, as hereinafter provided, whose duty it shall be to make, maintain, and improve such main roads, so far as the funds placed at its disposal by this or any future Act will enable it. III. [Central Road Board dissolved, and its affairs to be wound up by certain commissioners appointed by the Governor.] VII. Main roads to be under the control of the Governor, and under the charge of the civil engineer, as chief commissioner, and 3 assistant commissioners.] VIII. No new line of main road shall be commenced, nor any deviation made from any existing line of main road, nor any new work undertaken upon any existing main road, the cost of which work shall be estimated to exceed two hundred pounds (unless such new work shall be absolutely necessary, to prevent the interruption of the communication on such road), except with the previous sanction of Parliament; and in like manner, the charge of any line of main road shall not be abandoned without such previous sanction. XX. The several Divisional Councils constituted under Act 5, of 1855, shall, with such funds as are by this or any other Act placed at their disposal for such purpose, be charged with the duty of superintending, making, improving, and preserving all divisional or branch roads within their respective divisions. XXVI. All persons owning immovable property within any division, or any municipality within such division . . . shall be liable to be rated on account of such property for the maintenance of the public roads. XXIX. [Municipalities of Cape Town and Green Point to be within the Cape division for purposes of this Act, and to elect four members to the divisional council.] LIV. Every Divisional Council shall cause an exact and particular account to be kept, and to be made up and balanced at the end of each year. and to furnish a copy of such account, together with all necessary vouchers, to the Governor, in order that the same, after having been audited by the Auditor of the Colony, may be laid before both Houses of Parliament. [Etc.] P.R.O., C.O. 50/3. EDUCATIONAL BOARDS. [5 June 1858.] No. 59. An Act.-For the Creation of Educational Boards in the Field-Cornetcies, Villages, and Towns of this Colony on which the Local Regulations of each shall be founded. WHEREAS it is expedient that due provision should be made for the establishment and maintenance of public schools in the several field-cornetcies, villages, and towns in this colony, and that educational boards should be constituted and established therein for that purpose: 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: I. From and after the first day of July next it shall and may be lawful for any field-cornet, resident magistrate, or justice of the peace, within the limits of his jurisdiction, and he is hereby required, upon a requisition made to him in writing to that effect, by any number of resident householders not less than fifteen in towns and villages, and not less than ten in rural field-cornetcies, and resident respectively within the limits of any such field-cornetcy, village, or town or any ward or wards within the same, which shall be specified in the said requisition, to call a meeting of householders resident within the limit aforesaid, to determine whether educational regulations shall be adopted for the field-cornetcy, village, town, or place intended to be erected into an educational district. IV. [Meeting to elect a committee to draw up educational regulations.] V. [Electors of members of Parliament to vote for members of committee.] VI. [Committee to draw up educational regulations.] IX. [Regulations to be submitted to a subsequent meeting of householders.] X. The regulations adopted at such meeting shall forthwith be transmitted by the chairman of such meeting to the divisional council for the approval, amendment, or disallowance 1 Repealed by Act No. 13 of 1865, not printed in this volume. Other Education Acts to be consulted are No. 24 of 1874, 30 of 1898, and particularly 35 of 1905. The" University Incorporation Act," No. 16 of 1873, is also of interest in this connection. |