pensation for any damage done, which compensation (6) To lease or purchase any land, to acquire any water-right, 28. The Council shall in addition to the powers above enumerated have the power to light in a suitable manner the streets, squares, and thoroughfares in the Municipality, and to supply on such terms and conditions as may be fixed by the Council, electricity and gas for the purpose of lighting, heating, or applying power to public buildings, places of worship, places of entertainment, private residences, and grounds, shops, warehouses, offices and such like, and for domestic and industrial purposes. Laying of pipes 29. The said Council shall have full power and authority to do all things necessary for the laying of main and branch wires and and wires. lines of pipes to convey the electric current or gas to be used for the purposes hereinbefore set forth underneath and over the streets of the Municipality, and to connect the said wires, lines or pipes with any premises at the request of the owners or occupiers thereof. Agreements 30. The said Council shall have full power and authority to enter into agreements with any person, company, or public body for lighting public lighting. in a suitable manner the streets, squares and thoroughfares and the supplying of electricity or gas to such places or premises and for such purposes as are hereinbefore set forth, and shall make charges for the said supply in accordance with a tariff to be framed by the said Council with the approval of the Governor. The latter part of this sub-section as to the issue of passes is due to the Amending Ordinance (Ord. 31 of 1902, sect. 2) originally the sub-section only gave power to make regulations for the carrying of passes. For Native Pass regulations see Govt. Notice 295 of 1903 (Gazette, 3rd April, 1903, p. 596), and Govt. Notice 1292 of 1903 (Gazette, 13th Nov., 1903 p. 1207) amending the definition of "Native." for Proc. No. 7 of 1902. Recovery of lighting charges. Penalty for wilful used purposes. for 31. If any person or Company neglect to pay any charge for electricity or gas or any other sum due to the said Council in respect of the supply thereof the Council may cut off such supply and for that purpose may cut or disconnect any pipe, electric wire, line, or other work through which the electricity or gas may be supplied, and may until such charge or other sum, together with any expenses incurred by the Council in cutting off such supply of electricity or gas, are fully paid but no longer, discontinue the supply thereof to such Company or person. 32. Any person who unlawfully and maliciously destroys or injury to property injures any property of the Municipality or who cuts or injures any lighting wire, line, pipe, or other work used for the conveyance of electricity or gas as aforesaid, shall be guilty of an offence against this Proclamation and shall be liable upon conviction to a fine not exceeding one hundred pounds or to be imprisoned with or without hard labour for any period not exceeding two years. Power to enter and 33. Any officer appointed for that purpose by the Council may at inspect pipes, wires, all reasonable times enter any premises to which electricity or gas is or has been supplied by the Council in order to inspect the pipes, electric wires, lines, meters, accumulators, fittings, work and apparatus for the supply of electricity or gas belonging to the Council, and for the purpose of ascertaining the quantity of electricity or gas consumed or supplied, or where a supply of electricity or gas is no longer required, or where the Council is authorised to take away and cut off the supply of electricity or gas from any premises, for the purpose of remoring any pipes, electric wires, lines, accumulators, fittings, works or apparatus belonging to the Council, repairing all damage caused by such entry or removal. Streets, &c., vested in Council. Execution of contracts. MUNICIPAL PROPERTY. 34. All public streets, roads, squares, and thoroughfares no in existence over land the property of His Majesty, either in Hi Imperial or Colonial Goverment, or of private persons or companies within the limits of the Municipality, and all public streets, roads, squares and thoroughfares which may hereafter be established over such property with the approval of the Council, shall be rested in the said Council in trust to keep the same open, and as far as may be consistent with the funds at their disposal in repair for the use and benefit of the inhabitants. CONTRACTS. 35. The Council may in the name and on behalf of the Municipality enter into contracts for the purposes of this Proclamation, and all such contracts lawfully made shall be effectual and binding on the Council and all the other parties thereto, their successors, heirs, executors or administrators as the case may be. Every contract shall be deemed to be duly executed by or on behalf of the Council if signed by the Chairman of the Municipality, or if signed by any one or more Councillors thereto authorised by resolution of the Council. 36. Except in cases of emergency, before any contract for the execution of any work or the furnishing of any goods to the amount of Fifty Pounds or upwards is entered into by the Council, fourteen days' clear notice at the least shall be given in some newspaper circulating in the Municipality, expressing the purpose of such contract and inviting any person willing to undertake the same to make proposals for that purpose to the Council. The Council shall accept the proposal which on a view of all the circumstances appears to them to be the most advantageous; and may take security for the due and faithful performance of every such contract or the Council may decline to accept any such proposal. *The provisions of this section shall not apply to goods imported from oversea through the duly appointed Agents of the Council. REVENUE. 37. The revenue of the Municipality shall consist of-- (2) All fines imposed by a competent Court for the contra- (3) All licence moneys on licences issued by the Council, and (4) All charges made by the Council for the supply of +(5) All fees charged by the Council for passes issued to All moneys due for sanitary services shall be recoverable, either from the occupier for the time being, or failing him from the owner of the premises in respect of which the services were rendered. MAKING VALUATIONS. 38. The Council shall forthwith on the taking effect of this Proclamation cause to be made by a competent person or persons as valuer or valuers a valuation of all rateable property within the Municipality. 39. It shall be lawful for the Council at any time to direct that a valuation be made of any rateable property discovered to have been omitted from the valuation roll, and of any such property subdivided or of any buildings erected subsequent to the valuation made under the last preceding section, and to appoint a valuer or valuers for that purpose. 40. Every valuer shall before entering upon the valuation entrusted to him make before some Justice of the Peace a solemn declaration in the following terms :— I......... ....do solemnly and sincerely declare that I will to the best of my skill and knowledge and without fear, favour, or prejudice, truly and impartially * The last paragraph of this section is due to Ord. 31 of 1902, sect. 5. + The 5th class of revenue is given by Ord. 31 of 1902, sect. 3. Sections 38 to 56 inclusive were repealed by the Local Authorities Rating Ordinance (No. 43 of 1903). Rates. Fines. Licence moneys and market dues, &c. Sanitary and other charges. Valuation of rateable property. Appointment of valuers. Declaration by raluers. Proc. No. 7 of 1902. Valuation roll. Powers of entry. of Examination owners and occupiers tions. appraise and value all such property as I shall be required Declared at...............this.........day of........ and every such declaration shall be lodged with and preserved by the 41. The valuer or valuers shall frame the valuation roll in such a manner as to show : (1) The name and address of the owner. (2) The name of the occupier (or if unoccupied to be stated). (3) Description of the property valued. (4) Name and situation of property. (5) Rateable value. 42. Every valuer shall for the purpose of making the valuation aforesaid have power to enter at all reasonable hours in the day time into and upon any rateable property within the Municipality without being liable to any action or other proceedings on account thereof. 43. It shall be lawful for any valuer to put to any person in for purpose of valua occupation or charge or being the owner of any rateable property which such valuer shall have been authorised under the provisions of this Proclamation to value questions upon all such matters as may be necessary to enable such valuer to correctly value such property; and if after being informed by such valuer of his purpose in putting such questions and of his authority under this Proclamation to put the same any such person in occupation or charge, or any owner shall refuse or wilfully omit to answer the same to the best of his knowledge and belief, or shall wilfully make any false answer or statement in reply to such questions such person shall for every such offence be liable to a penalty not exceeding ten pounds. Revision of valuation. 44. As soon as any valuation as aforesaid shall be completed by the valuer it shall be revised by a Committee appointed by the Council and consisting of not less than five Councillors. The said Committee shall have authority to increase or reduce any valuation made by the valuer, and the valuation roll when revised as aforesaid shall lie in the office of the Municipality for the inspection of every owner or occupier of any property included therein, who may upon all lawful days and at reasonable times inspect the same and take extracts therefrom, and the Council shall by public notice announce for general information that upon some day and at some hour and place to be fixed by such notice a Court will be held by them, at which 45. Upon the day and at the place and hour mentioned in such notice the Council shall hold a Court and shall hear all objections which may be urged to any valuation by any owner or occupier or other person on his behalf and of which at least forty-eight hours' notice in writing shall have been given to the Town Clerk, and shall enquire into the merits of such objections, and shall confirm, increase, or reduce any valuation objected to: Provided that the said Court may be adjourned from time to time upon the application of any person objecting who shall show reasonable grounds for not being ready with proofs, or for the purpose of obtaining further eridence in regard to any case which shall have been partly heard: And provided further that it shall be competent for the owner or occupier of any property to the valuation of which no objections were urged before the said Court, to object to such valuation on satisfying the Town Clerk that the said property was not beneficially occupied at the time of the holding of the said Court, and that the owner thereof was absent from this Colony and had no person residing therein empowered to represent such owner before the said Court; and thereupon, upon a day and hour notice of which shall be given to the objector, the Council shall hold a Court constituted as aforesaid to hear all objections urged by him or other person on his behalf, and shall exercise in respect of such objections the powers conferred on it by this section. Proc. No. 7 of 1902. Objections to valu ation. Appeal against valuation to Resident Magistrate. 46. It shall be lawful for any person who feels himself aggrieved by the value put upon any property owned or occupied by him to appeal, within one month, against such valuation from the decision of the Court in the last preceding section mentioned to the Court of the Resident Magistrate, and such last-mentioned Court shall enquire into such valuation and its decision shall be final and conclusive: Provided, however, that if any question of law shall arise as to the principle upon which any valuation has been or should be made it shall be lawful for such Resident Magistrate, instead of himself deciding such question, at the request of the Council or party objecting, to record such question of law for decision by some superior to be determined by Court, and such question shall be stated in the form of a special case, Supreme Court. and may be argued before and determined by the Supreme Court of this Colony when established, and until the establishment of such Supreme Court by the Special Criminal Court at Pretoria, and the Court adjudicating upon such special case may make such order as to costs as to the Court shall seem fit. Questions of law on valuation. 47. All rates made or levied by the Council under the Rates to be levied provisions of this Proclamation shall be made or levied upon the caluation of property framed in terms of this Proclamation. |