Proc. No. 5 of 1902. Compensation to 46. If any lands shall be in the possession of any person having no greater interest therein than as tenant for a year, lessee for or from year to year, and if such person be required to give term. up possession of any land so occupied by him before the expiration of his term or interest therein, he shall be entitled to compensation for the value of the unexpired term or interest in such lands, and for any just allowance which ought to be made to him by an incoming tenant, and for any loss or injury he may sustain; or if part only of such land be required, compensation for the damage done to him in his tenancy by severing the lands held by him, or otherwise injuriously affecting the same, and the amount of such compensation shall be determined by the Resident Magistrate having jurisdiction in case the parties differ about the same. a short Secretary may re lease. 47. If any party having a greater interest than a tenant at will claim compensation in respect of any unexpired term, quire production of or interest under any lease or grant of any such lands, the Secretary may require such party to produce the lease or grant in respect of which such claim shall be made, or the best evidence thereof in his power, and if after demand made in writing by the Secretary such lease or grant, or such best evidence thereof be not produced within twenty-one days, the party so claiming compensation shall be considered as a tenant holding only from year to year, and be entitled to compensation accordingly. Compensation to 48. In exercising the power given by this Proclamation, the Governor shall make to the owners and occupiers of and all owners and occupiers. other parties interested in any lands taken or used for the purposes of this Proclamation, or injuriously affected by the construction of any works for the purposes of this Proclamation, full compensation for all damages sustained by such owners, occupiers and other parties by reason of the exercise as regards such lands of the powers by this Proclamation vested in the Governor. 49. This Proclamation may be cited for all purposes as "The Expropriation of Lands and Arbitration Clauses Proclamation, 1902." Title. Proc. No. 6 of 1902. *PROCLAMATION By His Excellency the Administrator of the Transvaal. (DATED 27TH JANUARY, 1902.) To amend Proclamation No. 39 of 1901. BY Y VIRTUE OF THE AUTHORITY, in me vested I do hereby proclaim, declare, and make known as follows: 1. So much of Section 1 of Proclamation Transvaal No. 39 of 1901, as makes it compulsory that stamp duties chargeable by law on Bank Notes shall after three months from the taking effect of the said Proclamation be denoted by stamps impressed by dies, and so much of Section 2 of the said Proclamation as applies to Bank Notes, shall be and is hereby suspended until a date to be hereafter notified in the Gazette. 2. The period during which the aforesaid provisions of the said Proclamation are suspended shall not be reckoned in calculating the three months mentioned in Section 1 thereof. * This Proclamation has no longer any force and effect, inasmuch as Pr. Tr. 39 of 1901, which it is designed to amend, was repealed by Pr. Tr. 12 of 1902. (Amended by Ord. 31 of 1902, and repealed by Pr. Admn. 1903, issued under Ord. 58 of 1903, Sect 3, q.v., the provisions of the latter Ordinance having been applied to the Municipality under Sect. 6 (1).) Proc. No. 7 of 1902. PROCLAMATION By His Excellency the Administrator of the Transvaal. (DATED 16TH JANUARY, 1902.) WHEREAS IT IS DESIRABLE to make temporary pro vision for the Municipal Government of Pretoria : Now, therefore, by virtue of the authority vested in me, I do hereby declare, proclaim, and make known as follows: 1 The expression "Governor" in this Proclamation shall be taken to mean the officer for the time being administering the Government of this Colony. Preamble. Definition. Boundaries of the 2. From and after the taking effect of this Proclamation, the town of Pretoria, including all the lands and property within the Municipality. limits of the said town as defined in Government Notice No. 23 of 1900, signed by Major-General Maxwell, Military Governor, is hereby constituted the Municipality of Pretoria. The boundaries of the said Municipality are more clearly defined in a map to be deposited in the Municipal Offices at Pretoria, and a duplicate thereof in the office of the Secretary to the Transvaal Administration. *3. There shall be for the government of the said Municipality a Council, which shall consist of the Chairman of the Municipality and not more than fifteen or less than nine Councillors to be appointed by the Governor and to hold office during pleasure. The Chairman of the said Municipality shall be appointed by the Governor. 4. It shall be lawful for the Governor to appoint a Town Clerk, Treasurer and Town Engineer for the said Municipality: and the Council may, subject to the approval of the Governor, appoint such other fit and proper officers not being members of the Council as they shall think necessary, for enabling them to carry into execution the provisions of this Proclamation, and may pay all the officers appointed under this section such salaries as they shall deem reasonable from and out of the funds of the Municipality, and as shall be approved of by the Governor; and unless it shall be otherwise stipulated in the contract of service, the Council may remove all such officers appointed by them upon a notice of not less than one month, or in case of misconduct without any notice. * The members of Council appointed under this section having resigned, the powers and duties of the Town Council under this Proclamation and Ord. 31 of 1902 were, by Ord. 26 of 1903, vested in a temporary Commission appointed under the last-named Ordinance until the election of a Council under Ord. 38 of 1903. Such Council has now been elected. Constitution of Council. Chairman. Officers. MEETINGS. 5. An ordinary meeting of the Council shall take place at least once in every week and all meetings of the Council shall be open to the public. *6. Save where it is otherwise specially provided in this Proclamation, all acts, matters, or things hereby authorised or required to be done by the Council, and all questions that may come before it, shall be done and decided by the majority of Councillors who shall be present at any meeting at which not less than one-half of the members of the Council shall attend. 7. At every meeting of the Council the Chairman of the Municipality, if present, shall preside, and in case of his absence the Councillors present shall elect a Chairman from among themselves, who shall have the power and authority of the Chairman of the Municipality until he is again present and acting, or until another Chairman is appointed. 8. In case of equality of votes, the Chairman of the meeting shall have a second or casting vote. 9. Minutes of the proceedings of every meeting of the Council shall be regularly entered in a book to be kept for that purpose, and it shall be read at the next succeeding meeting, and signed by the person presiding thereat. Such book shall at all reasonable times be open to the inspection of any of the Councillors or ratepayers, and of any creditor of the Municipality, and any such person may at all reasonable times, on payment of a fee of one shilling per folio, obtain any copy or any extract therefrom. 10. The Councillors present at any meeting may from time to time adjourn such meeting; and if at any meeting of the Council a sufficient number of members be not present to exercise the powers rested in the Council, the Councillors present shall adjourn the meeting. 11. The Chairman of the Municipality or any three Councillors may at any time call a special meeting of the Council, provided that he or they cause a notice of the time and place of such intended meeting, specifying the object thereof, and signed by him or them or by the Town Clerk, to be served on every Councillor either personally or by leaving the same at his usual place of abode twentyfour hours at least before such meeting. 12. No Councillor shall vote or take part in the discussion of any matter in or before the Council in which he has directly or indirectly any pecuniary interest. Every Councillor contravening the provisions of this section shall on conviction vacate his seat, and be liable to a penalty not exceeding fifty pounds. 13. It shall be lawful for the Council to appoint out of their own body such and so many Committees, either of a general or special nature, and consisting of such number of members, as to the Council may seem fit for any purpose *The quorum originally provided for in this section was "two-thirds." This proportion was amended to "one-half" by Ord. 31 of 1902, sect. 1. which in the judgment of the Council would be better managed by means of a Committee, and to fix the quorum of any such Committee, providing always that the proceedings of the Committee shall be regularly entered in a minute book to be kept for that purpose and reported to the Council. Each Committee shall elect its own Chairman and the Chairman of the Municipality shall be ex-officio a member of all such Committees. 14. The Council shall from time to time appoint a Finance Committee for regulating and controlling the finance of the Municipality; and an order for the payment of a sum out of the funds of the Municipality shall not be made by the Treasurer of the Municipality, except in pursuance of a resolution of the Council passed on the recommendation of the Finance Committee, and no cost, debt, or liability exceeding fifty pounds shall be incurred, except upon a resolution of the Council passed on an estimate submitted by the Finance Committee. Proc. No. 7 of 1902. Finance Committee. Adjournment and 15. Every committee appointed by the Council may meet from time to time and may adjourn from place to place as they may quorum of committees. think proper, and no business shall be transacted at any meeting of the Committee, unless the quorum of members (if any) fixed by the Council, and if no quorum be fixed two members, be present, and at all meetings of the committee if the Chairman of the Committee be not present, one of the members present shall be appointed Chairman, and all questions shall be determined by a majority of votes of the members present, and in case of an equal division of votes the Chairman shall have a casting vote in addition to his vote as a member of the Committee. ACCOUNTS AND AUDIT. Books of accounts to 16. The Council shall cause proper books to be provided and true and regular accounts to be entered therein of all sums of money be kept and open to received and paid on account of and for the Municipality, and of the inspection. several purposes for which such sums of money have been received and paid, which books shall at all resonable times be open to the inspection of any Councillor or ratepayer or creditor of the Municipality, and any such person may take copies of or extract from the said books on payment of a fee of one shilling for each folio or part thereof. 17. The Governor may appoint one or more persons to examine once in every month the accounts of the Municipality, and the Council shall by the Town Clerk produce and lay before the person so appointed all books and accounts of the Municipality with all rouchers in support of the same, and all books, papers and writings in their power relating thereto; provided that seven days' notice in writing shall be given to the Town Clerk of any such intended examination. 18. For the purpose of any audit under the provisions of the last preceding section it shall be lawful for the Auditor to hear, receive and examine evidence upon oath (which oath such Auditor is hereby empowered to administer) and by summons under his hand to require Monthly audit. Powers of Auditor. |