thereof, of the said council. [If amended by the council the regulations shall again be submitted to a meeting of householders.] XII. So soon as such original regulations as aforesaid shall have appeared in the Government Gazette, the resident magistrate, within the limits of whose jurisdiction the . . . school district shall be included, . . . is hereby required, by a notice of not less than fourteen days, . . . to call a meeting of such resident householders. . . residing within the limits of such school district, to be holden for the election . . . of so many commissioners as shall have been specified in the said regulations to carry the same into effect; and the said commissioners shall be elected by a majority of votes of such resident householders as aforesaid present at such meeting; and any such resident magistrate, field-cornet, or justice of the peace shall preside at such meeting. XIII. Any person residing in the school district shall be eligible to be elected a commissioner for the purposes of this Act. XIV. [Commissioners to be elected triennially.] XXIII. [No commissioner to receive salary, fee, or reward.] XXXI. The said commissioners shall nominate and appoint the schoolmaster; fix the hours and periods when the school shall be kept open for elementary instruction, the rate of fees, if any, to be charged; hear and decide on all complaints or charges brought before them, regularly and in writing, by any resident householder, against the said schoolmaster, relating to his conduct in the school, or his moral character, and shall be empowered to censure, suspend, or dismiss him, as the facts proved before them may require. XXXII. In each and every school established under this Act provision shall be made for instruction in the following branches, that is to say, reading, writing, arithmetic, and the outlines of geography and history. P.R.O., C.O. 50/3. MUNICIPALITIES. [30 June 1882.] No. 60. Act.-To Consolidate and Amend the Law relating to Municipalities. WHEREAS it is expedient to consolidate and amend the laws relating to municipalities, and to provide more effectually for the government of municipalities: Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislatíve Council and House of Assembly thereof, as follows: PRELIMINARY. I. This Act shall apply to every municipality hereafter constituted and to every existing municipality which shall in the manner of this Act provided be brought under the operation of this Act. II. From and after the commencement of this Act the several Laws mentioned in the First Schedule shall be and the same are hereby repealed, except as to property vested, acts and things done or commenced, rights, privileges, and protection acquired, liabilities incurred, offences committed, and proceedings taken, and except as in the fourth section is excepted. III. In case any municipality incorporated by any Ordinance or Act of the Legislature shall, in pursuance of the provisions of this Act, come under the operation of this Act, it shall be lawful for the Governor, by proclamation, to repeal any such Ordinance or Act incorporating such municipality, but notwithstanding such repeal, the provisions of the several sub-sections numbered (1) to (6) respectively of the next succeeding section shall apply. IV. Notwithstanding the repeal of the laws hereby repealed, the said several laws shall be and continue in force and applicable to every municipality already established as if this Act had not been passed until such municipality shall come under the operation of this Act, and as often as any existing municipality shall come under the operation of this Act, the following provisions shall apply: (1) All creditors of such municipality shall have the rights and remedies as if this Act had not been passed. (2) All municipal regulations then in force in such municipality shall (unless repugnant to the provisions of this Act) continue in force until altered or amended under this Act. (3) The councillors or commissioners, as the case may be, then in office shall continue in office until the election and first meeting of councillors under the provisions of this Act. (4) All rates due or payable to or recoverable by such municipality shall be vested in and recoverable by the municipality, newly constituted under this Act, and the valuation or assessment roll in use at such time, shall continue to be used until a new one shall be completed under the provisions of this Act. (5) All works and undertakings authorised to be executed, all rights, liabilities, and engagements existing, and all actions, suits, and proceedings pending by or against or in respect of such municipality, shall be vested in, attached to, and be enforced, carried on and prosecuted by or against the municipality newly constituted: and no such action, suit, or proceeding shall abate or be discontinued or prejudicially affected by such constitution. (6) All property, movable and immovable, and all moneys of or vested in any such municipality, shall be vested in and belong to the municipality newly constituted. THE CONSTITUTION OF MUNICIPALITIES. V. The inhabitants of every city, town, or village for the time being subject to the provisions of this Act shall, under such name or designation as the Governor may by proclamation declare, be a body corporate with perpetual succession and a common seal, with power to alter and change the same from time to time, and shall by such name be capable in law of suing and being sued, of purchasing, holding, and alienating land, and of doing and performing such other acts and things as bodies corporate may by law do and perform subject to the provisions of this Act. VI. Every municipality subject to the provisions of this Act shall be governed by a council composed of a mayor or chairman, and councillors; and all acts of the council shall be deemed to be acts of the municipality. VII. Whenever the number of councillors for any municipality is determined under the provisions of this Act, such number shall be not less than six nor more than twenty-four, and in case such municipality is divided into wards, the number produced by the return of three councillors for each ward. VIII. Subject to the provisions of this Act, the Governor may from time to time exercise all or any of the powers following: (1) Declare any city, town, or village to be a municipality, constituted under the provisions of this Act. (2) Assign a name to such municipality. (3) Describe the boundaries thereof. (4) Unite any two or more villages, which form one continuous area, so as to form one municipality. (5) Subdivide or re-subdivide any municipality into any number of wards not exceeding eight. (6) Alter the boundaries of or abolish the subdivisions existing in any municipality. (7) Determine and alter, within the limits of this Act, the number of councillors assigned to any muni cipality. (8) Alter and adjust the boundaries of adjoining municipalities and determine any questions arising out of such alteration and adjustment. (9) Sever any portion of a municipality from the municipality of which it forms a part, and constitute the same a separate municipality, or annex the same to any other municipality of which the portion severed formed one continuous area; and from time to time make any apportionment of property, rights and liabilities, and give any directions as to matters and things, that may be necessary to do justice between the municipalities concerned. IX. [Powers may be exercised by the Governor after a request made by petition.] X. [Such petition to be signed by three-fourths of the commissioners of any existing municipality, or by twenty-five or more registered voters where no municipality exists.] XII. [Interested persons may present counter-petitions.] XIV. [Resident magistrate and others to investigate the matter of such petitions.] MUNICIPAL COUNCIL. XV. Every male person of full age liable to be rated in respect of immovable property within the municipality of the yearly value of not less than twenty pounds owned or occupied by him . . . for a period not less than six months next before such election, and in regard to which property no municipal rate made three months or more before the date of such election shall then be due and in arrear, shall be eligible to be elected a councillor, and qualified to hold office as such, but so long only as he shall continue to possess such qualification. XVI. [Certain men disqualified.] XVII. No person holding any office or place of profit under Government, or under or in the gift of the council of any municipality, or concerned in, or participating in the profit of, any contract with any municipality, or concerned in or in the profit of any work to be done under the authority of any such council, shall be capable of being or continuing a councillor of such municipality. XXVIII. Every person of full age, not disqualified under the provisions of this Act, who on the first day of June in any year is the owner or occupier of any immovable property in any municipality, and who shall have paid all sums if any then payable by such person in respect of any rates made three months or more before such day, shall be entitled to be enrolled on the voters' roll for such municipality according to the following scale: (1) If the property liable to be rated be of the annual value of, or exceeding, ten pounds, and less than fifty pounds, he shall have one vote. (2) If such value amount to fifty pounds and be less than one hundred pounds, he shall have two votes. (3) And if such value amount to or exceed one hundred pounds, he shall have three votes. [And in case any municipality is subdivided, every voter shall vote in only one ward.] XL. A first election of councillors in any municipality shall be held on such day within three months after the constitution thereof, as the resident magistrate of the district may appoint. XLI. [All councillors to be elected at the first election.] XLII. [There is to be an annual election.] XLIII. At the annual election [though not at the first election] one-third [only] of the whole number of councillors shall be elected, and in case of a subdivided municipality they shall be elected in equal numbers for every ward. LXXIV. [The councillors shall elect one of their number to be chairman of the council.] LXXVI. [He may be styled "chairman " or mayor" according as the council shall regulate.] LXXVIII. [Chairman to be ex officio a justice of the peace.] LXXXV. [Meetings of council to be public.] BYE-LAWS OR REGULATIONS. CIX. The council of any municipality may from time to time make, alter, and revoke bye-laws or regulations for all or any of the following purposes; |