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Proc. No. 7 of 1902.
Limit of rate.
Rates payable by
Application of rates.
When rates due and payable.
Place of payment.
Recovery of rates.
48. All land within the Municipality shall be rateable property within the meaning of this Proclamation, save as hereinafter excepted, that is to say:
(1) Land the property of His Majesty in His Imperial or Colonial Government which is unoccupied or used for public purposes.
(2) Land in the occupation of Government or land used for public purposes and not for the purpose of profit and gain.
(3) Places used exclusively for public worship or for public worship and educational purposes.
49. It shall be lawful for the Council to make and levy a rate once in every half-year, of not more than three halfpence in the pound on the value of all rateable property in the Municipality: Provided always, that if any such property is occupied during the existence of Martial Law by any Officer of His Majesty's Forces or used for Military purposes, free of rent, the owner of such property shall not be liable for so much of the rate levied thereon as would be proportionate to the period during which the said property was occupied or used as aforesaid.
50. The person or persons in whom shall be rested the legal title to any immovable property on the day a rate becomes due and payable, shall be the person or persons primarily liable for the payment of such rate.
51. The rate in the last preceding section mentioned shall be voted and leried for all Municipal objects, purposes and services, including water supply and waterworks, sewerage, drainage, improring, cleaning, repairing and maintaining streets and squares, the construction and repair of Municipal buildings, payment of Municipal servants, and all and every other Municipal object or purpose necessary, in such manner as the Council shall deem advisable and expedient.
52. The half-yearly rate assessed by the Council shall become due and payable on the first day of the half-year for which such rate is assessed; the first rate assessed under this Proclamation becoming due and payable on the first day of July next. Thirty days at least prior to the day on which a rate shall have become due, the Council shall give notice of the amount of the rate assessed by notice in the Gazette, and in such other mode as the Council may by resolution direct.
53. It shall be the duty of all persons liable for any rate to pay the amount thereof on the day on which it shall become due and payable to the Town Clerk, or any Collector duly authorised by the Council to collect and receive the same; and on non-payment thereof such rate shall be recoverable at the suit of any such Collector upon production of a written authority, to collect, signed by the Town Clerk in the Court of the Resi
dent Magistrate; Provided that, as often as any ratepayer not resident within the Municipality shall be proceeded against in such Court as aforesaid, the summons directed to such ratepayer shall be served upon the person in occupation of the premises in regard to which the rate alleged to be due is claimed; and each collector shall give security to the Council for the due execution of his office to such amount as the Council may deem sufficient.
Proc. No. 7 of 1902.
54. If the amount of any rate which under the provisions of this Proclamation shall have been assessed on any immovable property liable to be rated or portion thereof shall not be paid by the owner thereof, it shall be lawful for the Council to sue either the occupier thereof or the owner separately, or both of them in one and the same action each for the whole before any competent Court, and to obtain the judgment and process of such Court, for the recovery of the same, reserving to such occupier such relief against the owner as he may be lawfully entitled to; Provided that any and every rate assessed under the provisions of this Proclamation shall in so far as the owner of any property is concerned be and be deemed to be a charge upon the property rated, and recoverable against the owner at Limitation of liathe time such rate was levied or any future owner; Provided bility of subsequent always that no future owner of property shall be liable for any owners. rates which become due and payable at any period more than two years prior to the date upon which he became owner of the said property.
55. In any proceeding to levy or recover rates or consequent on the levying or recovering of any rate as well as in all other legal proceedings under the provisions of this Proclamation, the Valuation Rolls Rate Books and Records of the Council and all entries made therein and extracts or certified copies thereof signed by the Town Clerk and sealed with the seal of the Council and also a copy of the Gazette containing any notice necessary to be proved, shall upon production thereof alone be primâ facie evidence of such rate and of the contents thereof without any evidence that the notices required by, or other requirements of this Proclamation have been complied with: Provided that it shall be competent for any party to any such proceeding to offer evidence to prove the contrary.
Recovery from occupier on non-payment by owner.
Evidence of rate.
56. For the purpose of the preceding sections of this Proclamation, the lessee of any land vested in the Crown shall be land to deemed and taken to be the owner of such stand or land as the case may be.
Lessee of Crown be acemed
* EXPROPRIATION OF PRIVATE LANDS.
57. For the purposes of this part of the Proclamation, the Definition of land term "Land" shall extend to all land whether held under freehold for purposes of exor quit-rent title or under lease and to any water-right.
Purchase by agree
58. It shall be lawful for the Council, with the approval of the Governor, to acquire by voluntary or compulsory purchase, ment or compulsorily any land within or without the Municipality the property of for municipai purprivate persons for any purpose connected with the drainage or
See now Municipalities Powers of Expropriation Ordinance No. 64 of 1903.
Proc. No. 7 of 1902.
Powers of entry and inspection.
Authentication notices, &c.
Provisions of Pr.
59. The provisions of the "Expropriation of Lands and Tr. 5 of 1902 to Arbitration Clauses Proclamation, 1902," shall mutatis mutandis apply to the acquisition by the Council of any such land as aforesaid, and to any arbitration proceedings in respect of the purchase price thereof.
Penalty for obstruction of officials.
Offences not otherwise provided for.
Penalties not otherwise provided for.
sewerage of the Municipality, or the supply of water to the inhabitants thereof, or the improvement of the town of Pretoria, and from time to time to sell, let, lease, or otherwise deal with any property acquired for the last-mentioned purpose.
61. 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 penalties.
60. The Council and any person duly authorised by them shall, for the purposes of this Proclamation, have power to enter at all reasonable hours in the daytime 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 without being liable to any legal proceedings on account thereof.
Cost of proceedings 63. The Council may order proceedings to be taken for for penalties to be recovery of any penalties, and for the punishment of any person borne by Municipal offending against the provisions of the Proclamation, or of any
bye-law made thereunder, and may order the expense of such prosecution or other proceedings to be paid out of the Municipal Fund.
62. 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 shall be liable to a penalty not exceeding five pounds.
64. Where any matter or thing is by this Proclamation, or 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.
65. Every person guilty of an offence against this Proclamation 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.
66. 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 Pretoria.
Proc. No. 7 of 1902.
Form of summons
67. All offences against any bye-law or regulation in force in the Municipality, shall be deemed to be offences against this for contravention of 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, and alleging the act complained of without describing the bye-law or regulation by number or otherwise.
68. Whenever any penalty shall have been imposed under the Imprisonment in provisions of this Proclamation or of any bye-law made thereunder, default of payment of and the person convicted shall not forthwith pay the same, the Court penalties. 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 six months if the penalty be above five pounds, and such person shall be detained and kept to hard labour if so ordered, unless he shall sooner pay the penalty.
69. All penalties recovered for offences against the bye-laws of Penalties to be paid the Municipality, or for offences against this Proclamation com- into Municipal Fund. mitted in the Municipality or in any way in respect of the Municipality shall be paid into the Municipal Fund.
Form of Actions by
70. All actions brought by or against the Council of the Municipality shall be brought or defended in the name of the and against the Council. Chairman of the Municipality, and all such costs, charges and expenses as the Council shall be put to or become chargeable with by reason of the bringing or defending any such action or under any judgment of the Court shall be paid out of the funds of the Municipality.
Alteration of Bound
71. Notwithstanding anything in this Proclamation contained it shall be lawful for the Governor (by notice to be published in the aries by Governor. Gazette) from time to time to alter the boundaries of the Municipality.
72. This Proclamation may be cited as the "Pretoria Municipal Proclamation, 1902."
Proc. No. 8
By His Excellency the Administrator of the Transvaal.
(DATED 5TH FEBRUARY, 1902.)
To amend Law No. 20 of 1895, regulating the payment of Transfer Duty.
WHEREAS it is necessary to make better provision for the payment of transfer duty on the sale and alienation of fixed property and of leases of fixed property situated in this Colony :
Now therefore, by virtue of the authority in me vested, I do hereby declare, proclaim, and make known as follows:
1. (1) Law No. 20 of 1895, and so much of any other Law as may be inconsistent with or repugnant to this Proclamation shall be and is hereby repealed except as to the recovery of any duty, interest or penalty due or incurred, or any act done before the taking effect of this Proclamation.
(2) So much of Law No. 2 of 1871, or of any other Law which requires a stamp duty to be paid on the value of fixed property on the transfer thereof, shall be and is hereby repealed.
2. The term "fixed property" in this Proclamation shall include
(1) Land or the usufruct thereof or any other limited interest therein other than a lease.
(2) Mynpachts Claims and Stands.
(3) Any right to minerals or precious stones on any land. The term "Governor shall mean the officer for the time being administering the Government of the Transvaal.
The term "Registration Officer" shall mean and include any public official appointed by the Governor to register titles to fixed property according to law.
The term "Registration Office" shall mean and include any public office where title to fixed property is registered according to law.
The term "Lease" shall include "Sub-lease" and the term "Sale" shall include "Cession."
Until the Supreme Court of this Colony is established the Special Criminal Courts in Pretoria and Johannesburg shall