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To acquire, erect, construct, equip and carry on lighting, Lighting works, heating or power supply works within the Municipality or beyond its limits.
*To erect, construct, equip and carry out sewerage or drainage works within the Municipality or beyond its limits. To acquire, erect, construct, equip and carry on and make charges in connection with cold storage works. To enter into any contract or contracts with any Municipality, Board of Health or other corporation or carrying on company, person or persons to secure or further the beyond the boundcarrying out beyond the limits of the Municipality of any work or undertaking which may be within the powers of the Council.
To provide for works
Cold storage works.
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 there is power to from time to time to make, alter or revoke bye-laws or regulations, and for carrying into effect all such byelaws or regulations.
Power to do all the things for which
+31. The Council shall, in addition to the powers above Supply of gas, enumerated, have the power to supply on such terms as may be water and electricity. fixed by the Council, electricity, gas and water for all purposes for which the same can be used to all buildings, grounds, places or premises, or any part thereof.
See Ord. 64 of 1903; especially Part II.
† Pr. Tr. 39 of 1902, sect. 2 (6), p. 486, amended this section to its present
Amended to its present form by Pr. Tr. 39 of 1902, sect. 2 (7), p. 486.
32. The said Council shall have full power and authority to do all things necessary for the laying of main and branch wires &c. and lines or pipes to convey the electric current, gas or water to be used for the purposes herein before 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.
Laying of pipes,
33. The said Council shall have full power and authority to enter into agreements with any person, company or public supply of gas, water, body for the supplying of electricity, gas or water to such places or premises, and for such purposes as are herein before 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.
+34. If any person or company neglect to pay any charge Cutting off supply. for electricity, gas or water or any other sum due to the said Council in respect of the supply thereof, the Council may cut
Penalty for injuring pipes, &c.
Power of entry and inspection pipes, &c.
Vesting of streets, &c., in Council.
off such supply, and for that purpose may cut or disconnect any pipe, electric wire, line or other work through which the electricity, gas or water 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, gas or water are fully paid, but no longer, discontinue the supply thereof to such company or person.
*35. Any person who unlawfully and maliciously cuts or injures any wire, line, pipe or other work used for the conveyance of electricity, gas or water 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.
*36. Any officer appointed for that purpose by the Council may at all reasonable times enter any premises to which electricity, gas or water 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, gas or water belonging to the Council, and for the purpose of ascertaining the quantity of electricity, gas or water consumed or supplied, or where a supply of electricity, gas or water is no longer required, or where the Council is authorised to take away and cut off the supply of electricity, gas or water from any premises, for the purpose of removing any pipes, electric wires, lines, accumulators, fittings, works or apparatus belonging to the Council, repairing all damage caused by such entry or removal.
+37. All streets, roads, thoroughfares, foot-pavements, footpaths, sidewalks, squares and open spaces, which have been or shall be at any time set apart and appropriated by proper authority for the use of the public or to which the inhabitants of the Municipality shall at any time have or acquire a common right, shall be vested in and be under the management and control of the Council.
38. 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 or in his absence the Deputy Chairman of the Municipality, or if signed by any one or more Councillors thereto, authorised by resolution of the Council.
Amended to its present form by Pr. Tr. 39 of 1902, sect. 2 (7) p. 486. This clause was by Pr. Tr. 39 of 1902, sect. 2 (8) substituted for that originally enacted.
The words as to the Deputy Chairman were added by Pr. Tr. 39 of 1902, sect. 2 (9); but see now Ord. 38 of 1903, sect. 9, by which duties, &c. of Chairman are imposed, &c., on the Mayor; and sect. 58 of the same Ordinance as to election, duties and privileges of the Deputy-Mayor.
Advertisement of contracts of £50 and
39. Except in cases of emergency, before any contract for the execution of any work, or the furnishing of any goods to invitation to tender. 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 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.
†40. The revenue of the Municipality shall consist of:-
(2) All licence moneys on licences issued by the Council,
(3) All charges made by the Council for the supply of
All moneys due for sanitary services shall be recover-
+ See now Local Authorities Rating Ordinance (No. 43 of 1903), which repealed the Johannesburg Rating Proclamation (Tr. No. 38 of 1902).
The word "rents was inserted in this subsection by Pr. Tr. 39 of 1902, sect. 2 (10).
The words beginning" and also" to end of subsection were inserted by Pr. Tr. 39 of 1902, sect. 2 (10).
See Pr. Tr. 16 of 1901 as to power of Council to recover arrears of sanitary charges under Law 9 of 1899, and see also Ord. 27 of 1902, sect. 3, and Ord. 62 of 1903, sect. 6.
¶ The words after "Proclamation ""or under any bye-law in force in the Municipality," were inserted by Pr. Tr. 39 of 1902, sect. 2 (11). For further powers of entry see Ord. 64 of 1903, sect. 16.
Powers of entry to
41. The Council shall, for the purposes of this Proclamation, have power by themselves or their officers to enter at execute works. all reasonable hours in the day time into and upon any building or land within the Municipality for the purpose of executing any work or making any inspection authorised to be executed or made by them under this Proclamation ¶ or under any byelaw in force in the Municipality without being liable to any legal proceedings on account thereof.
Sanitary service charges.
Penalty for struction.
Authentication of 42. Every order, notice or other document requiring authentication by the Council may be sufficiently authenticated without the Common Seal of the Municipality if signed by two Councillors or by the Town Clerk.
Recovery of penal
Recovery before Court of Resident Magistrate.
Sufficiency of summons for contraventions of bye-laws.
Acts and omissions
45. Where any matter or thing is by this Proclamation or not otherwise pro- by any order or notice made and published under the authority hereof directed or forbidden to be done, or where any authority is given by this Proclamation to any person to direct any matter or thing to be done, or to forbid any matter or thing to be done, and such act so directed to be done remains undone, or such act so forbidden to be done is done, in every such case every person offending against such direction or prohibition shall be deemed guilty of an offence against this Proclamation.
Imprisonment in default of payment of penaltics.
43. Every person who shall at any time obstruct the Council, or any person employed by them, or any person appointed by the Governor, in the performance of anything which they are respectively empowered or required to do by this Proclamation, or under any bye-law in force in the Municipality, shall be liable to a penalty not exceeding five pounds.
46. Every person guilty of an offence against this Proclamanot otherwise pro- tion or any bye-law in force in the Municipality shall for every such offence be liable to the penalty expressly imposed by this Proclamation, or by the bye-law, and if no penalty be imposed then to a penalty not exceeding ten pounds.
44. The Council may order proceedings to be taken for recovery of any penalties and for the punishment of any person offending against the provisions of this Proclamation, or of any bye-law made thereunder, and may order the expenses of such prosecution or other proceedings to be paid out of the Municipal fund.
47. All penalties or other moneys payable in respect of any offence against this Proclamation, or by any bye-law made thereunder, may be recovered before the Court of the Resident Magistrate of Johannesburg.
48. All offences against any bye-law or regulation in force in the Municipality shall be deemed to be offences against this Proclamation, and in any prosecution for contravening the provisions of any such bye-law or regulation it shall be sufficient to allege that the accused is guilty of contravening or offending against a bye-law or regulation in force in the Municipality, without describing the bye-law or regulation by number or otherwise, and alleging the act complained of.
49. Whenever any penalty shall have been imposed under the provisions of this Proclamation, or of any bye-law made thereunder, and the person convicted shall not forthwith pay the same, the Court may direct that such person be imprisoned with or without hard labour for a period not exceeding one month if the penalty imposed do not exceed five pounds, or not exceeding three months if the penalty be above five pounds, and
such person shall be detained and kept to hard labour unless he shall sooner pay the penalty.
Penalties to be
50. All penalties recovered for offences against the bye-laws of the Municipality, or for offences against this Proclamation paid to Municipal committed in the Municipality, or in any way in respect of the Municipality, shall be paid into the Municipal fund.
†51. All actions brought by or against the Council of the Municipality shall be brought or defended in the name of the brought or defended. Chairman of the Municipality.
Power to Governor
*52. Notwithstanding anything in this Proclamation contained it shall be lawful for the Governor (by notice to be to alter boundaries. published in the Gazette) from time to time to alter the boundaries of the Municipality.
53. This Proclamation may be cited as the "Johannesburg Municipal Proclamation, 1901."
NOTE. For further provisions as to Johannesburg Municipality beyond those inserted in this Proclamation, see Proclamation Tr. 38 of 1902 (now repealed), and Proclamation Tr. 39 of 1902, sects. 5-24, Ord. 34 of 1902, Ord. 41 of 1902, Ord. 3 of 1903, Ord. 9 of 1903, Ord. 19 of 1903, Ord. 21 of 1903, Ord. 23 of 1903, Ord. 38 of 1903, Ord. 43 of 1903, Ord. 58 of 1903, sects. 5, 42, 60, 61, 62, 63, Ord. 62 of 1903, and Ord. 64 of 1903.
The Municipal Boundaries were altered by Procl. No. 13 (Admn.) 1902, published in the Gazette, 28th Nov. 1902, p. 1695, and again by Procl. 46 of 1903 (Gazette, 10th October, 1903, p. 958); see Schedules to those Proclamations.
Under Ord. 58 of 1903, sect. 5, Johannesburg Municipality has become a Body Corporate with power of suing and being sued and other incidental capacities.