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such persons as he may think fit to appear personally before him, at a time and place to be stated in such summons, and to produce all such books and papers as may be necessary for such audit.
Any person so required who shall without lawful excuse refuse to attend in obedience to such summons, or who having appeared shall refuse to be examined on oath or affirmation or to take such oath or affirmation, or having taken such oath or affirmation to answer such questions as shall be put to him, shall be liable to a penalty not exceeding twenty pounds for every such act or offence, and in default of payment to be imprisoned with or without hard labour for any period not exceeding three months, unless such fine be sooner paid: Provided that no conviction under this section shall be taken to exempt the person convicted from liability to do or perform the act, matter or thing required to be done or performed by him, or from being successively convicted and punished for every distinct commission of the same act or offence.
BYE-LAWS OR REGULATIONS.
*19. The Council may from time to time make, alter, and revoke bye-laws or regulations for all or any of the following purposes :
(1) For regulating the proceedings of the Council and the duties of their officers and servants and preserving order at Council meetings.
†(2) For preventing and extinguishing fires and compensating the owners of buildings removed to prevent the spread of fires.
(3) For establishing and regulating public markets and market dues, and regulating public sales.
*(4) For suppressing nuisances, houses of ill fame and gaming
*(5) For restraining noisome and offensive trades, and compelling residents to keep their premises free from offensive or unwholesome matters.
(6) For regulating the supply and distribution of any water under the control or management of the Council and the rates to be paid for such supply by the inhabitants of the Municipality.
(7) For regulating sewerage or drainage and for compelling the connection at the owner's expense of private drains with public drains, sewers or pipes, and for regulating the construction by the Council at the owner's expense of all house drains, in so far as they connect with and extend from the main sewer to the kerb of the street.
(8) For regulating lighting with gas, electricity, or otherwise.
* For bye-laws, see Govt. Notice 958 of 1903 (Gazette, 4th Sept., 1903, p. 787).
For Fire Prevention bye-laws, see Govt. Notice 959 of 1903 (Gazette, 4th Sept., 1903, p. 800).
For Market bye-laws, see Govt. Notice 1059 of 1903 (Gazette, 25th Sept.,
(9) For prohibiting brothels and for preserving public decency.
(13) For regulating the killing of cattle and other animals and
†(14) For regulating the removal of night soil, stable litter, filth and refuse from private premises and from all streets, roads and public places and for fixing the charges for such removal.
†(15) For regulating water-closets, earth-closets, privies, ashpits and cesspools in connection with buildings, and to prohibit the use of such of them as the Council consider ought not to be allowed to continue.
Proc. No. 7
Licensing of cabs,
Regulation of cycles.
For Vehicle regulations, see Govt. Notice 296 of 1902 (Gazette, 11th July, 1902, p. 1055) as amended by Govt. Notice of 1903 (Gazette, 11th Dec., 1903,
For regulations, see Govt. Notice 958 of 1903 (Gazette, 4th Sept., 1903, p. 789), also Govt. Notice 349 of 1902 (Gazette, 1st Aug., 1902, p. 1226), and Govt. Notice 593 of 1902 (Gazette, 14th Nov., p. 1628).
For regulations, see Govt. Notice 296 of 1902 (Gazette, 11th July, 1902, p. 1047).
+(16) For regulating the closing of buildings or parts of
(17) For preventing the dangerous use of gunpowder, fireworks,
(18) For imposing a tax upon the keeping of dogs, and for
+(19) For preventing the pollution of water.
(22) For regulating the width, curbing, paring, guttering,
(24) To provide for the due and proper care of the common
Town common and
pasture and other Municipal lands, and therein to Municipal lands.
Proc. No. 7 of 1902.
Public libraries and museums.
Abatement of nuis
Projections from buildings.
specify and regulate the quantity and kinds of live stock which each inhabitant shall be allowed to keep and depasture on the said lands.
(25) For establishing, maintaining and regulating public libraries, museums, botanical gardens, parks, open spaces, public baths, wash-houses, and locations for aboriginal natives, and for establishing and licensing public places of recreation.
(26) For regulating and controlling public processins and gatherings in public places.
*(27) For the abatement of nuisances and causing vehicles to be
*(29) For preventing persons from congregating with others and and thus causing an obstruction in any footpath, foot pavement, sidewalk or crossing, and for preventing the flying of kites, the use of catapults, and playing of games in public streets, thoroughfares and open spaces, and for preventing the obstruction of public streets, thoroughfares and open spaces.
+(30) For regulating the lines and level and architecture of buildings and the removal, alteration and prevention of projections in front of buildings.
†(31) For enabling the Council to prevent the alteration, erection or use of buildings, the class or character of which are either in themselves or from the circumstances or nature of the locality in which they are placed a disfigurement to the town or an annoyance to the inhabitants thereof, also for preventing the owners of property which have been subdivided and sold in building lots from closing any roads or streets shown upon any plan which has been approved of by the Council.
+(32) For compelling the pulling down, removing, or rendering safe all buildings, walls, bridges, earthworks, and stoeps of an unsafe or dangerous character, or which has been allowed to fall into a dilapidated or ruinous condition, and for doing so at the cost of the owner.
*For regulations, see Govt. Notice 296 of 1902 (Gazette, 11th July 1902, p. 1047). For Building bye-laws, see Govt. Notice 1136 of 1903 (Gazette, 9th Oct.,
1903, p. 970).
Proc. No. 7 of 1902. Inspection of build
*(33) For regulating the inspection of buildings and structures by the Council and its officers and for regulating ings and hoardings. the erection of scaffolding and hoarding during the construction or alteration of any building.
†(34) For establishing one or more pounds within the Municipality and for providing for the collection of pound fees and the management of pounds, the appointment of pound masters, and for making such pound regulations as may seem necessary or expedient.
(35) Generally for maintaining the good rule and government
But no such bye-law or regulation shall be contrary to the provisions of this Proclamation.
Making an amend
20. No bye-law or regulation shall be made or amended by the Council until a copy of such proposed bye-law or amendment of bye-laws and notice thereof. ment be deposited at the office of the Council for inspection by any person at all reasonable times and a notice be published in the Gazette seven days prior to the meeting of the Council held for the purpose of making such bye-law or amendment, setting forth the general purport of the proposed bye-law or regulation and amendment and stating that a copy is open for inspection as aforesaid.
23. The Council may by regulation or bye-law impose a penalty for any breach of any bye-law or regulation made under this Proclamation, and may also impose different penalties in case of successive breaches, but no penalty shall exceed fifty pounds, and any bye-law or regulation may provide that in addition to any such penalty any expense incurred by the Council in consequence of any breach of such bye-law or regulation or in the execution of any work directed by any such bye-law or regulation to be executed by any person and not executed by him, shall be paid by the person committing such breach or failing to execute such work.
21. After any bye-law or regulation has been passed by the Council it shall be submitted for the approval of the publication of byeGovernor, and if approved shall be published in the Gazette, and thereupon such bye-law shall have the force of law in the Municipality.
22. Every bye-law or regulation in force in the Municipality may be repealed by the Governor by notice in the Gazette.
24. A copy of the Gazette containing any bye-law or regulation of the Council shall be evidence of the due making of such byelaw or regulation and of the contents thereof.
25. It shall be lawful for the Governor to advance to the said Council from time to time such moneys as he may think fit for the proper carrying out of the provisions of this Proclamation as well as for liquidating the debts incurred for Municipal purposes between the 5th day of June, 1900, and the taking
Good rule, &c.
For Building bye-laws, see Government Notice 1136 of 1903 (Gazette, 9th October, 1903, p. 970.)
+ For Pound regulations, see Government Notice 66 of 1903 (Gazette, 13th February, 1903, p. 353.)
Repeal of bye-laws.
Penalties for contravention of bye
Proof of bye-laws.
Loan from Government.
Proc. No. 7 of 1902.
Powers of Council.
Approval of Gover26. No such moneys as are referred to in the last preceding nor to application of section shall be advanced by the Governor for expenditure in loan for permanent connection with the construction of permanent works and
effect of this Proclamation by the Military Governor or the Provisional Town Council for Pretoria appointed by him to take charge of Municipal affairs during that period, and to charge the said Council interest thereon at a rate not less than 4 per cent. per annum and on such terms and conditions as to payments as to the Governor may seem proper. The moneys so advanced as aforesaid with interest thereon, and all moneys advanced by the Treasury prior to the taking effect of this Proclamation to the said Military Governor or Provisional Town Council for the erection of the Sunnyside Bridge, the maintenance of the cemetery, and for general expenditure on the town of Pretoria, shall constitute a liability, of the said Council and their successors in office, whether appointed under this Proclamation or appointed or elected under any law hereafter to be promulgated for providing for a Municipality for Pretoria, and shall be a charge on the revenue of the Council and on all future rates levied on the rateable property within the Municipality, whether such rates be made by the Council appointed under this Proclamation or by any future Council of the Municipality.
POWERS AND DUTIES OF COUNCIL.
27. The Council shall have power and authority to do any of the following things:
undertakings or for the purchase of any lands or buildings unless such construction or purchase has been approved of by him. The Council shall submit to him the plans and specifications and an estimate of the cost of any permanent works or undertakings.
(1) To make, construct, alter, keep clean and in repair, roads, streets, dams, furrows, sewers, drains, culverts and bridges within the Municipality.
(2) To excavate, construct and lay down within or beyond the limits of the Municipality, watercourses, waterpipes, conduits, sluices, dams, reservoirs, aqueducts, wells and other works for supplying the inhabitants of the Municipality with water, and to keep the same in repair or to grant leave to any person or company of persons to lay down pipes or to execute any other like works.
(3) From time to time to cause such sewers, drains and pipes to be made, laid, altered, deepened, covered over and maintained within the Municipality as shall be necessary for its effectual draining or any portion thereof, and from time to time to cause to be made and maintained all such reservoirs, sluices, engines, ventilating shafts and other works as shall be necessary for cleansing and ventilating such sewers, drains and pipes, and needful to carry such sewers, drains, pipes, and ventilating shafts through and across private lands or beneath or against private buildings, making com