Page images



such person for such non-compliance or for breach of any byelaw framed in pursuance hereof the Court may in the event of Power to close conviction make an order directing the well, tank or cistern to be permanently or temporarily closed by such person or such other order as may appear requisite or necessary to prevent injury to the health of persons using the water therefrom, and Penalty for non may in addition sentence the person convicted to a fine not exceeding five pounds, and in default of payment to imprisonment with or without hard labour for a period not exceeding one month; and the Court may further, if it appear necessary, cause the water to be analysed at the cost of the Council, and the Court in making any such order may further authorise the Council if the person on whom an order is made by virtue hereof fails to comply with the same within such period as the Court shall deem reasonable to do whatever may be necessary in the execution of such order, and all expenses incurred by them may be summarily recovered from the person on whom the order was made; provided that in the case of any well, tank or cistern as aforesaid being situated upon any unoccupied ground the owner whereof (or some person duly authorised to to represent him) cannot after reasonable enquiry be found within the Municipality, any such notice, summons or other process as aforesaid shall be deemed to be sufficiently served if the same be affixed to such tank or cistern or to any building erection, post or board upon or in the immediate vicinity of such well, tank or cistern.

Proc. No. 39 of 1902.

Court may authorise Council to close


Service of notice where owner absent.

Power to inspect water supply.


13. The Council shall have power by themselves or their servants at any time of the day or night and without notice to enter upon or inspect or take samples from or require information in respect of the condition and working of all gathering grounds, springs, reservoirs, filter-beds, water purification or pumping works or other sources of water supply storage or distribution, whether situated within or without the Municipality the water wherein or wherefrom is used or is likely to be used by man within the Municipality for drinking or domestic


14. The Council may prosecute summarily in the Court of the Resident Magistrate for all breaches of its bye-laws or regulations; and the provisions of any law relating to prosecutions by private persons shall apply to all such prosecutions.

Plans of existing townships to

*15. Every owner of a now existing township within the be Municipality, containing one or more streets or thoroughfares deposited with the shall within sixty (60) days after the date of this Proclamation


file at the office of the Town Engineer, a plan certified by a
Government Surveyor showing all the Stands or Lots and all
the roads, streets, or thoroughfares and all squares or other open
spaces within such township existing on the 8th day of May,
1901, or in case of any township laid out since that date
existing at the date of this Proclamation and set apart by such
owner for the use of the public, or represented by such owner
either on a plan or otherwise as intended for public use and

* See Ord. 21 of 1903, sect. 1, as to deposit of plans of townships in added areas of Municipality.

[ocr errors]

every such first mentioned plan, if, and when approved by the Council or settled by arbitration as hereinafter provided, shall for all Municipal purposes, be deemed to be the authorised plan of such townships, and all the streets, roads, thoroughfares, squares and open spaces shown thereon and set apart or represented as aforesaid, shall be vested in and be under the control and management of the Council. For the purpose of this Section the term "Township" shall mean any piece of land divided into stands or lots for purposes of sale or lease, and "Owner" shall mean the holder or holders whether in freehold or otherwise of every such piece of land who shall have so divided the same, or his or their successors in title other than the holders of such stands or lots.

* 16. It shall be competent for the Council in case it shall consider that any such plan so filed as aforesaid is defective in that it does not show or only partially or incorrectly shows any street, thoroughfare, square or other open space which was in existence on the date above referred to, and which under the previous Section is vested in and is under the control and management of the Council to make objection to such plan on the ground of such defect by serving a notice of such objection, setting forth in detail the grounds thereof at the office or place of business in Johannesburg of the person or Company filing such plan within ninety days after the date of the filing thereof.


* 17. In case within ninety (90) days after the filing of plan as aforesaid, the Council shall not serve or cause to be served at the office or place of business in Johannesburg of the person or company filing the same, any notice or objection as aforesaid to such plan, then the same shall be deemed and taken to be approved by the Council and become the authorised plan of the township as aforesaid.

Proc. No. 39 of 1902.

Provisions for ob

jections being made by the Council.

Applied mutatis mutandis to depositing of plans of townships in added areas of Municipality, by Ord. 21 of 1903, sect. 2.

If no objections by Council within ninety days after filing of

plan it shall be taken to be approved of.

differences cannot be settled, reference to arbitration.

*18. In case within the said period of ninety (90) days as If objections and aforesaid, the Council shall serve, or cause to be served, a notice of objection as aforesaid, to any such plan at the office or place of business in Johannesburg of the person or company filing the same then unless the difference or matter in regard to which such objection is made can forthwith be settled between the Council and such person or company, the same and the plan in question shall be referred to and settled by arbitration as hereinafter provided, and the plan so settled shall become the authorised plan as aforesaid of the township therein referred to.

19. In case of any dispute or difference arising in regard Arbitration clauses. to any matter necessitating settlement by arbitration as aforesaid, or in case of reference either by agreement or by operation of any law under which other provision is not made of any dispute in which the Council shall at any time be concerned to arbitration the provisions of the clauses relating to arbitration in the "Expropriation of Lands and Arbitration Clauses Proclamation, 1902." shall, except as hereinafter provided, apply

Proc. No. 39 of 1902.

Costs of arbitration.

Before arbitrators

pear by Counsel.

20. Upon all proceedings before any arbitrator or each party may ap- arbitrators or umpires, as the case may be, each party may appear in person, or by counsel or solicitors, or admitted and licensed law agents, and may produce such witnesses and documentary evidence as the arbitrator or arbitrators, or umpire as the case may be, shall allow.

[blocks in formation]

mutatis mutandis to arbitration proceedings by the Council, as if the said clauses were inserted in this Proclamation.

21. The costs of and incidental to any reference to arbitration shall be, in the discretion of and be settled by the arbitrator or arbitrators or umpire, as the case may be.

22. For all municipal purposes except where otherwise provided the term owner shall include any person receiving the rent or profits of any lands or premises from any tenant or occupier thereof, or who would receive such rents or profits if such land or premises were let whether on his own account or as agent for any person entitled thereto, or interested therein; and the term occupier shall include any person in actual occupation of land or premises without regard to the title under which he occupies, and in case of premises sub-divided and let to lodgers or various tenants the person receiving the rent payable by the lodgers or tenants, whether on his own account or as agent for any person entitled thereto or interested therein.

23. Any act, matter or thing done or executed by the Council prior to the date of this Proclamation, which may at the date of the execution thereof have been beyond the powers and authorities of the Council, but which would have been valid had this Proclamation then been in force is hereby declared to have been and to be valid.

24. This Proclamation shall be read as one with Proclamation No. 16 of 1901, and shall be cited for all purposes as the "Johannesburg Municipality Amendment Proclamation, 1902."

Applied mutatis mutandis to deposit of plans of townships in added areas of Municipality under Ord. 21 of 1903, see sect. 2.



By His Excellency the Administrator of the Transvaal.


(DATED 19TH JUNE, 1902.)

To increase the Jurisdiction of the Native Court for the Witwatersrand District.

WHEREAS it is desirable to increase the jurisdiction of

the Native Court at Johannesburg for the Witwatersrand


Now, therefore, by virtue of the authority in me vested, I do hereby declare, proclaim and make known as follows:—

2. This Proclamation may be cited for all purposes as "The Native Court Extended Jurisdiction Proclamation 1902."

* 1. In addition to the jurisdiction conferred by Section fifty-seven of the "Magistrates Court Proclamation 1902," the diction Native Court constituted and established under the said burg. Proclamation, shall have exclusive jurisdiction to try all contraventions by any person of the Native Passes Proclamation 1901, and the regulations thereunder, and all contraventions of the Masters and Servants' Law where either the complainant or the accused is a coloured person.

The Magistrates of this Court are also empowered to hold inquests under provisions of Pr. Tr. 10 of 1901 (see Ord. 16 of 1903).


On the 21st June, 1902, was issued a Proclamation by His Excellency the Governor, notifying that His Majesty the King, by Warrant under His Royal Sign Manual, had been graciously pleased by Letters Patent passed under The Great Seal of the United Kingdom, to constitute the office of Governor of the Colony of the Transvaal, to provide for the Government thereof, and to constitute a Legislative Council with full powers and authority to establish such Ordinances as may be necessary for the peace, order and good government of the Colony.

From this date therefore, all Legislative Enactments have been named Ordinances.

Transvaal Proc. No. 40 of 1902.

See also Amended Letters Patent, 23rd Sept., 1902 (Edition of Royal Proclamations, &c., p. 25.)


Extension of Jurisof Native Court at Johannes


Proc. No. 6 of 1900.

Form of declara

tion by Natives marrying according to





WHEREAS LAW No. 3 OF 1897 makes provision for the

Marriage of Natives by Christian Rites :

AND WHEREAS it is desirable to appoint some person or persons as Marriage Officer under the said Law, and who can also explain to Natives the effect of such marriage:

NOW THEREFORE, I, JOHN GRENFELL MAXWELL, MAJOR-GENERAL, MILITARY GOVERNOR OF PRETORIA, by virtue of the authority committed to me, do hereby proclaim and make known as follows:

*(1) Any Natives desirous of being married in accordance with Christian Rites, shall, before the solemnisation of their marriage by the Officer appointed by the Government under Article 2 of the Law, or before the issue of a certificate by such Officer for the solemnisation of the marriage by a clergyman or minister authorised thereto by the Government, subscribe and declare to the particulars required in the following schedule :—


I hereby declare that the nature and obligation of the marriage
contract I desire to enter into has been fully explained to
and understood by me, and I am aware that, should I
contract another marriage during the lifetime of my spouse
without having previously obtained a divorce, I shall be
liable to prosecution for bigamy and to imprisonment with
hard labour for five years or such other time as may be
decreed by the Court.

Witnessed and interpreted by :

Sworn before me,

Marriage Officer,

Justice of the Peace.

or District Commissioners

* Marriages solemnised by Magistrates
appointed by Military Governor are legalized by Pr. Tr. 31 of 1902: as also
are marriages solemnised by ministers of religion duly authorised by Govern-
ment Notice issued since 9th June, p. 1900.

[ocr errors]
« PreviousContinue »