Page images

fare, provided, that such wires as may be erected for
public purposes by the Postmaster-General shall not be

For the prevention of nuisances, arising from stable litter, filth, dust, ashes and rubbish, or from any other cause, and for the prevention of the keeping of animals on any premises so as to be a nuisance or to be injurious to health.

Proc. No. 39 of 1902.

For regulating and controlling the generation of acetylene gas, or other inflammable, or explosive gas, and the construction and use of all apparatus connected therewith, and for preventing or regulating the storage of liquid acetylene, or carbide of calcium.

Prevention of


For preventing any person or vehicle from carrying or
conveying any article, burden or load, so as to obstruct pavements, &c.
or incommode passengers or vehicles in any street,
sidewalk or foot pavement, and for preventing the
wheeling of wheelbarrows, cycles or other vehicles, on
any sidewalk or foot pavement, except for the purpose
of crossing the same to or from any house or building.
For preventing persons from congregating with others and
thus causing an obstruction in any sidewalk, thorough-
fare or open space, except such as may be set apart for
the purpose, and for preventing obstructions in streets,
thoroughfares, and open spaces.

For the provision of a proper and sufficient water supply for every dwelling-house, school, store, factory, or workshop.




For regulating the construction and maintenance of all installations for the supply of light, heat, or power, by supply of light, &c. means of electricity, gas, or otherwise.


For the giving of notice, and the deposit of plans by persons
wishing to lay out any building lots or new townships; lots.
for the approval or otherwise of all such plans by the
Council, for securing uniformity and continuity of
streets, on, or leading to or from any private property,
and for preventing the laying out of new building lots
or townships, or the sub-division of existing building
lots without the approval of the Council.

Plans of building

Establishment and

For enabling the Council to establish, maintain, and control locations or townships for Asiatics and other coloured control of locations. persons, and to charge rents for the use of Stands in locations or townships laid out by the Council.

For enabling the Council to control and supervise the Housing of natives housing of natives by employers, and to prevent by employers. annoyance to persons in the neighbourhood arising therefrom; to compel all natives not residing on the premises of their European employers, or not holding letters of exemption whilst lawfully within the Municipality to reside at any location for natives, which may have been established by the Council; and

Proc. No. 39 of 1902.

Compulsory residence of natives in locations.

Natives in public streets.

Meaning of term "Native."

Cesspools, &c.


Street decorations and temporary platforms.

Gutterings and down-pipes.

Weights and mea


Sale by weight and measure.


for enabling the Council to regulate the use of public
streets by natives, and for prohibiting the carrying by
natives of knobkerries, assegais, or other sticks or
weapons, and further for enabling the Council to
license native wash-boys and native labourers other
*than boy or labourers, employer in industrial concerns
or domestic service. The term "Natives
as used
herein shall include any person belonging to any of
the aboriginal races or tribes of Africa, South of the
Equator, and any person one of whose parents belongs
to any such race or tribe as aforesaid.

[ocr errors]

For preventing the use, and securing the closing of cesspools, and for regulating the provision, construction, use and repair of, and for preventing damage to earth closets, water closets, privies, ashpits, urinals, sinks, fixed baths and fixed basins, waste pipes, drains and slop tanks in connection with buildings.

For ascertaining the existence and cause of any nuisance arising from any drain, closet, cesspool or water supply, sink trap, syphon, pipe or other work or apparatus connected therewith, and for remedying the same and recovering the expenses incurred by the Municipality in respect thereof.

For establishing, maintaining and regulating public closets, urinals and lavatories.

For regulating and controlling street decorations, and for prohibiting, regulating and controlling the erection and removal of temporary platforms, seats and other structures for the use of the public at any meeting or entertainment, or for the accommodation of spectators at any procession, ceremony or spectacular display of any kind.

For preventing the discharge of any guttering or downpipes, on to any pavement or sidewalk, and securing, regulating and controlling the laying down of pipes, to carry any out-flow therefrom to such gutter, or drain, as may be authorised or approved by the Council for the purpose.

For regulating and controlling the sale and use, and the inspection, verification, and stamping of weights, measures, and weighing instruments, and the charging of fees in connection therewith.

+For regulating and controlling the sale of goods, wares, merchandise, or other things by weight or measure. For regulating and controlling the use of gas, water, and electric meters, and the testing and stamping of such meters, and the charging of fees in connection therewith.

The words "other than.........domestic service" are inserted by virtue of
Ord. 41 of 1902, sect. 2.

For bye-laws as to weights and measures and the sale of goods, &c., by weight or measure, see Gazette, 28th November, 1902, p. 1700 (Government Notice No. 638 of 1902); and amendments by Government Notice 498 of 1903 (Gazette, 29th May, 1903, p. 1076).

Diseased meat and

For preventing, or regulating, and controlling the keeping of bees, and of wild or dangerous animals. *For preventing the possession, sale, or offering for sale, or the conveyance, or handling, otherwise than for adulteration of food. purposes of destruction, and for ensuring the destruction when necessary, in the opinion of the Medical Officer of Health of diseased animals, and of diseased meat, fish, or other articles of food or drink unfit for the use of man, and for preventing the adulteration or reduction below a proper standard of quality, and for securing the sale in a pure state, of milk, or any other article of food or drink, and for authorising the entry on, and inspection of premises, vehicles or packages, for securing any of the objects of this clause. For regulating and controlling the conveyance of meat or dead animals through, or along any public streets or public thoroughfares.

Amendment of

4. Clause 30 of Proclamation, 16 of 1901, is hereby added to by the insertion at the end thereof of the following Clause 30 of Proclaadditional sub-sections :

mation No. 16 of 1901.

To establish and maintain cemeteries, and to make such
charges in connection therewith as may be fixed by

To establish, erect and maintain markets and market


Proc. No. 39 of 1902.

Bees and wild animals.

Conveying meat in

To establish, maintain and regulate one or

more fire

brigades, and to make such charges for the service fire brigade.
of such brigades, and for the water used at fires as
may be fixed by bye-laws.

To purchase, lease, or otherwise acquire, all such movable
and, subject to the approval of the Governor, such
immovable property as the Council may from time to
time require, for the proper carrying out of the powers,
duties, rights, and obligations of the Council.

To establish, maintain, and carry out such sanitary services
for the removal of nightsoil, slops, rubbish, and refuse
of all kinds, and to make such charges for the same,
as the Council may from time to time think fit.
§To acquire, construct, lay down, equip, maintain and work
tramways, and to make charges in connection

p. 751).

+ See Government Notice 959 of 1903 (Gazette, 4th Sept., 1903, p. 799).


See Municipalities Powers of Expropriation Ordinance (No. 64 of 1903). § See Ord. 62 of 1903, sect. 2 and 3, as to cost of Tramway undertaking and conditions precedent to construction.

||See Ord. 64 of 1903, especially Part II.

Power to establish


To acquire, erect, construct, equip, and carry on lighting,
heating, or power supply works, within the Munici- &c.
pality, or beyond its limits.

Sanitary service.


To erect, construct, equip, and carry out sewerage or Drainage.
drainage works within the Municipality, or beyond

its limits.

Lighting works,

To acquire, erect, construct, equip, and carry on, and make Cold storage works. charges in connection with cold storage works.

For bye-laws see Government Notice 919 of 1903 (Gazette, 28th Aug., 1903,

Proc. No. 39 of 1902.

To provide for carrying on works beyond the bound


To sell.

Power to do all the things for which there is power to make bye-laws.

Saving clause about pounds.

Power to close streets or roads.

Inspection and copies of minutes and


Exclusive right of working electric, &c.,


To enter into any contract, or contracts with any
Municipality, Board of Health, or other corporation

or company, person or persons, to secure or further
the carrying out beyond the limits of the Municipality
of any work, or undertaking which may be within
the powers of the Council.

To sell all by-products resulting from the carrying on of
any works or undertakings which may be within the
powers of the Council, and also to let, sell or otherwise
dispose of any movable or immovable property;
Provided no sale or lease of immovable property,
exceeding £1,000 in value, shall take place without
the sanction of the Administrator of this Colony.
To do all things necessary for carrying out all the purposes
for or in regard to which the Council is authorised
from time to time, to make, alter or revoke bye-laws
or regulations, and for carrying into effect all such
bye-laws or regulations.

5. Nothing in Law No. 2 of 1882, or Law No. 8 of 1899, contained shall apply to any pound established by the Council. 6. The Council shall have the power, anything to the contrary in this Proclamation notwithstanding, at all times and upon such notice as it shall deem fit, to close any street, road or thoroughfare, for any particular class of traffic, or for all traffic, either temporarily or permanently.

7. (1) The minutes of proceedings of the Council shall, at all reasonable times, be open to the inspection of any inhabitant of Johannesburg, who may make a copy thereof, or take an extract therefrom, on payment of a fee of one shilling.

(2) The Treasurer's accounts shall be open to the inspection of any member of the Council, who may make a copy thereof or take an extract therefrom.

(3) The abstract of the Treasurer's accounts shall be open to the inspection of all inhabitants of Johannesburg, and copies thereof shall be delivered to any inhabitant, on payment of such fee for each copy as may be prescribed by regulation.

8. The sole and exclusive right is hereby given to the Council to establish, maintain and work, electric or mechanically worked tramways for public use within the Municipality.

Permission granted


no work done.

9. In all cases in which permission has been obtained by late Stadsraad to under regulations or otherwise from the late Stadsraad or its balconies, &c., de- predecessors, to de predecessors, to erect colonnades, balconies, verandahs, or clared lapsed where other projections or wires, over any street, or to lay down pavements, kerbing or gutters, or acquire openings in or rights under pavements, or to acquire any other right in any portion of any street within the Municipality, and no work has at the date hereof been done or executed under or by virtue of such permission, the same shall as from the date hereof lapse and determine

* See Ord. 62 of 1903, sects. 2 and 3, as to cost of Tramway undertaking and conditions precedent to construction.

[ocr errors]

10. In all such cases as aforesaid in which any work has, under and by virtue of any such permission, been done or executed at the date hereof, the Council shall have the power, either summarily or on such notice as it may deem fit, to cancel the said permission and to remove or cause to be removed at the expense of the person claiming the benefit of any such permission, all structures erected, or openings or excavations made in pursuance of any such permission, on paying to the person or persons to whom such permission has been granted, or his or their legal successors in title, compensation in respect of any of such structures, openings or excavations so removed as hereinafter set forth. The Council, may, however, in its discretion, confirm for such period and subject to any such firm permission and modification as it may deem fit, any such permission, and in that event shall have the power to charge in respect of the exercise thereof such annual or other sum and to impose such other conditions as the Council may from time to time determine, either in place and stead of, or in addition to, any obligation expressed in the terms of such permission or otherwise: Provided, however, that no person shall in any event by the continued exercise of any rights in pursuance of any such permission acquire any prescriptive right to the use of any portion of any street.

Council may con

may make charge

for same.

Proc. No. 39 of 1902.

Where work done,

Council has power to cancel permission on payment of compen


Amount of com

parties cannot agree.

11. In case it shall become necessary for the Council to pay any compensation to any person or persons as aforesaid, pensation determined the amount thereof shall be determined by mutual agreement by arbitration where if possible, but failing such agreement then by arbitration as hereinafter provided: Provided, however, that the Council shall in no case pay compensation for or in respect of any direct or indirect or consequential damages which may be sustained through the removal of any structure, opening or excavation as aforesaid, but only for or in respect of the actual loss incurred on the value of such structure, opening or excavation, and the actual cost of removing the same and of placing any building affected by such removal in such condition as regards safety, or otherwise as may be required to comply with any of the Council's bye-laws regarding buildings.

Only actual value of structure, &c.,

Power to make

12. The Council shall have power, by themselves or their officers, to inspect all wells, tanks and cisterns within the Municipality, the water wherein or wherefrom is used, or likely to be used, by man for drinking or domestic purposes, or for the manufacture of drinks for the use of man, or as an ingredient in the manufacture of any article intended for food for the use of man; and if on any inspection as aforesaid or on the representation of any person it shall at any time appear that any such water bye-laws to protect is so polluted as to be injurious to health, or that any bye-laws water against pollu in respect thereof have not been complied with the Council shall call upon the owner or occupier of the premises to which the well, tank or cistern belongs forthwith to close remedy the same and failing compliance with such notice the Council may take proceedings before any competent Court whether by way of summons or application; and on any proceedings against

Power to inspect wells, tanks, and


« PreviousContinue »