View/Open

No. ;14--Uli!U. 

If road relaid with 

different material 

Company to relay 

its portion between 

rails in like 

manner. 

Gauge of tramways 

and surface 

of rails. 

Company to have 

exclusive right to 

run vehicles with 

special wheels on 

rails. 

Motormen and 

guardK may be 

required to be 

licensed and Local 

Authorities may 

make regulations. 

4174 CAMP'S 13AY TRAMWAYS ACT. 

any tramways in any road or place where any such 

sewers, drains, pipes, tubes, wires, apparatus or other 

works shall have been laid before the construction of 

such tramway, shall he borne by the Company; in all 

cases, however, where such sewers, drains, pipes, tubes, 

wires, or apparatus or other works shall belong to the 

Postmaster-General, the Corporation or the :M:unicipality, 

such additional expense shall he borne by the Company. 

23. I£ after the construction of any line the H.oad Authority 

relay the street which it traverses with a material essentially 

different from that in use at the time of such construction the 

Company shall at the time of such relaying, replace that portion 

of the street which in terms of this Act it is required to construct, 

maintain and keep in repair, with such material and in such 

manner as to he in accordance with the portion of the street so 

relaid or replaced unless the Hoad Authority otherwise direct, 

and the Company shall maintain the same in such state, and in 

good and efficient repair. 

24. 'l_lhe rails laid down in the construction of the tram.ways 

shall be laid to a gauge of 4 feet St inches, and they shall be so 

laid that the uppermost sur:f'nce of the rails shall be leYel with the 

surface of the street. 'rhe Company shall at all times maintain 

the rails so as to comply with the provisions of this section to the 

satisfaction of the road authority. 

25. The Company shall use on its tranlways propnrly coti. 

structed cars, not exceeding 7 feet and 6 inches in IYidth, •;v:th 

flanged wheels constructed for the purpose oi running Otl. the rails 

laid down by it, and shall have the exclusive right ·~o the use o£ 

such rails for vehicles with flanged wheels blnta ble to 11111 on the 

said rails. Any person using on the tramways any vehicle wi~h 

flanged wheels or any 1vheels specially adapted to run on the rails 

without the written sanction of the Company shall incur a penal~y 

of 'rwo Pounds for every such infringement of this Section an~ 1n 

default of payment imprisonment for any period not exceedmg 

seven days. All cars intended for the conveyance of passeng~rs 

shall be titted up for the convenience o£ passm1gers to the satisfaction 

of any Local Authority concerned, and each car shall be 

supplied with not less than 5 incandescent lamps each o£ 16 

candle power and shall moreover carry head and tail lights to the 

satisfaction of any such Authority. 

26. The Local Authorities concerned shall be entitled to 

make, alter, revoke or amend and enforce Bye-Laws and Hegulations 

requiring the motormen and guards, and the cars or the 

Company, to be licensed, and for the payment o£ fees in respect 

thereof, and may, moreover, subject to the provisions of ihis Ad, 

make, alter, revoke or amend Bye-Laws and Regulations from 

time to time as to the following matters, namely:- 

For regulating traffic and the supervising of the tram cars. 

Rate of speed and distance between tram ears. 

Digitised by the University of Pretoria, Library Services, 2013

CAMP'S BAY TRAMWAYS ACT. 4175 

r.rhe coupling o£ tram cars, the appointing of stopping places. 

r.rhe stopping o£ tramcars for the purpose of taking up and 

setting down passengers. 

Provision for brake power. 

Obstruction of traffic. 

Conduct and behaviour of guards and motormen. 

Uarriage of infected or intoxicated persons. 

Conveyance of dead bodies. 

Safety o£ passengers. 

r.rhe lighting o£ cars. 

The use of alarm signals. 

r.rhe conduct and behaviour o£ passengers. 

r.rhe conveyance o£ luggage and animals. 

r.rhe custody of lost luggage. 

r.rhe numbering and inspection of cars. 

The exhibition of tables of fares. 

r.rhe obliteration of notices and the like. 

The prevention of nuisance from noise arising from working 

the tramway. 

rrhe provision of mechanical appliances for lifting cars when 

derailed. 

The carrying o£ badges by guards and motormen. 

rrhe protection of officials. 

r.rhe sanitary condition of the cars. 

r.rhe exhibition and enforcement of regulations. 

27. r:rhe Bye-Laws and Regulations framed under this Act nmy 

impose penalties for any breach thereof and may also impose 

different penalties in case of successive breaches thereof, but no 

single penalty shall exceed Twenty Pounds. After any Bye-Law 

or Regulation shall have been passed by any Local Authority 

under this Act a copy of the sam.e shall he posted at the office o£ 

such Local Authority, and a notice published in one or more of 

the local newspapers calling a.tteu tion thereto ; and three weeks 

after such notice shall have been advertised it shall be submitted 

for the approval of the Governor, and if approved shall be published 

in the Gazette and thereupon shall have the force of Law within 

the area of such Local Authority. A copy of the Gazette containing 

such Bye-Laws or Regulations frame(l under the· provisions 

of this Act shall be evidence of the due making of such Bye 

Laws or Regulations and of the contents thereof. 

28. The Company shall be answerable for all accidents, damages, 

and injuries happening through its act or default or through the 

act or default of any person in its employment, or by reason of 

not complying with the regulations set forth in Schedule A 

to this Act ; and shall m.ake good all loss, damages aU

4176 CAMP'S BAY TRAMWAYS ACT. 

Xo. 34-1899. 

Rate of ;;:peed of 

cars. 

Rights of public 

to use road~:; and 

streets preserved. 

plant or works. I£ any rrelegraph Cable passing through the 

territorial waters of this Colony, and landed in the L;olony under 

licence granted by the Government, is at any time in any way 

injuriously affected by the working of the undertaking o£ the 

Syndicate, the Syndicate shall pay the expense of all su

CAMP'S BAY TRA!tiWAYS ACT. 4177 

31. Nothing in this Act contained shall exempt the r:rramway 

:from the provisions o:f any Act relating to rrramways or dealing 

with electric power already in :force, or which may hereafter pass 

during this or any :future session of Parliament, or from any 

revis.ion or alteration under the authority o:f Parliament o£ the 

maximum rates, tolls or charges authorised by this Act. 

32. rrhe Company may :from time to time hereafter make, 

construct, lay down, place, and erect all such crossings, passing 

places, sidings, junctions, reversing stations, cars, vehicles and 

other works in addition to those particularly specified in and 

authorised by this Act as may from time to time be necessary or 

convenient for the efficient working o£ the tramways or a:riy of 

them, or :for providing access to any generating stations, car 

sheds, depositories, stables, or any buildings or works belonging 

to or used by it, and may lay as double lines those portions where 

single lines are laid subject to the approval o:f the Local, Road or 

other Authorities. For the purposes o£ this section such Local, 

Road or other Authorities shall not be obliged to hold a court as 

in section 6 provided, but the same consent of the Local, Road 

or other Authorities shall be required as is provided for in the 

said section. 

33. All land the Company may decide to acquire whereon to 

build and erect its generating station or stations, car sheds, 

stables, and the like buildings and works, and for all other purposes 

soever, if beyond the limits of deviation shewn on the plans, 

shall be acquired by it by agreement only, or hy purchase, and it 

shall not be entitled to claim to expropriate or compulsorily 

acquire any such land. 

34. Notwithstanding anything to the contrary contained in 

this Act, the Company shall have no right to lay any tram rails 

or execute any works in any road or street which is less than 

thirty feet in width without the consent in writing of the Local 

or Road Authority and such consent shall not be given unless 

a majority consi-sting o£ two-.thirds of the members of such Local 

or Road Authority then in office shall have voted in fayour thereof. 

Should any Local or Road Authority be of opinion that any 

such road 01: street should be widened it shall upon receiving 

due security from the Company for all costs, expenses and compensation 

:for expropriation to which such Local or Road Authority 

may be put in or about so doing, use its best endeavours to 

cause any road or street traversed by any of the tramways to be 

widened to such extent as may be considered advis·able by such 

Local or Road .. A_uthority having regard to the position and 

situation of such road or street. 

35 . ..._1\ny material excavated by the Company in t~e construction 

of their works, in widening any roads or otherwise, may be 

used by the Company in ~uch manne; and at such P.laces as it 

may find necessary or advisable, provided such matenal be used 

on the works or in making up the road, and the balance unused, 

if any, shall belong to the Local Authority. 

X o. 34~ 1899. 

Act not to exempt 

Tram way from 

provisic ns of any 

Act dealing with 

electric power or 

from revision or 

alteration of rates 

by Parliament. 

Company may 

make other works 

with consent of 

I.ocal Authority. 

Land beyond 

limits of deviation 

only to be acquired 

by agreement or 

purchase. 

Roads and sh·eets 

to be widened. 

Ma,terials ex c a 

vated may be used 

by Company. 


Xo. 34-1899. 

Cars to run at 

least 12 times a 

day. 

Company, when 

to commence and 

complete tramwayR. 

Penaltv for not. 

commencing and 

non-complet.ion of 

work in prescribed 

time. 


36. The Company at all times after the completion and opening 

for public traffic of the tramways or any of them shall run 

carriages sufficient for passenger traffic over such tramways at 

least twelve times a day each way: provided that compliance with 

this section shall not by itself be proof that the tramways are 

efficiently worked upon any complaint being made by a Local 

Authority under Section 40 of this Act. 

37. 'rhe Company shall commence the work of constructing 

the tramways within one year from the date of the promulgation 

of this Act, and shall complete the laying down and 

construction and opening for traffic of tramways Nos. 2, 4, 7, 9t 

and 9a, within two years after such date of promulgation; and 

shall, unless otherwise agr~ed with the Local Authorities, commence 

the remainder of the work in the third year and completethe 

whole of the tramways and works, and the undertaking 

generally, within fiye years from the date of the promulgation o£ 

this Act. 

38. The Corporation and the :Municipality shall each lH' entitled 

to call upon the S~rndicate within one month after the date of the· 

promulgation of this Act to deposit at interest with the Bankers: 

of such Local Authorities respectiYely, the sum of One Thousand 

Pounds Sterling, making '1\vo Thousand Pounds Sterling in all. 

Each of the said Local Authorities shall treat the sum of One 

Thousand Pounds so deposited with its Bankers as a fund wherefrom 

it may deduct at its discretion, penalties for non-compliance 

with the proYisions in this section contained, and in terms thereof. 

If the Company fails to commence the work of constructing the 

tramways within one year from the date of tlw promulg-ation o£ 

this Act each of the saiounds Sterling of the One ':rhousan


Authority may prohibit and prevent the further prosecution cf 

the work then uncompleted within its limits. Upon the f'ompletion 

of the work in accordance with the provisions of th-;e 

Act, the Company shall be entitled to a refund of the mnney 

deposited with the interest which has accrued thereon, oe arly 

balance left to its credit if penalties for less than the total amount 

.shall have been imposed and deducted. 

39. In the event of the tramways authorised by this Act ceasing 

-during a period of 30 consecutive days to be run or worked for 

the use of the public after once being in full and proper working 

order (unless from strike of their servants or some cause beyond 

the control of the Company) the Local Authorities shall, upon 

giving one month's notice in writing to the Company, he 

entitled to exercise the option of purchasing the undertaking 

upon the terms set forth in Section 43 of this Act, as if the 

period of fifty years thereinafter mentioned had expired. The 

Company shall upon such notice, and if the J .... ocal Authorities 

.shall not purchase, be bound and obliged at its own cost to remove 

the rails and other plant, and to restore the road or other place to 

,a condition fit for the traffic having regard to the material of which 

such road or other place is constructed. And should the Company 

fail to do so, the Council may remove the rails and do all things 

neressary to the restoration of the road or other places as aforesaid, 

and demand and recover the cost incurred thereby from the 

Company-. 

40. Whenever the tramways or any of them shall in the 

Qpinioil of any Local Authority concerned be improperly or 

inefficiently worked ·within its limits such Local Authority shall 

be entitled to call upon the Company in writing to forthwith 

work such tramway properly and efficiently, and if at the end of 

.seven days after the giving of such notice the Local Authority 

shall consider that the Company has not complied with its 

requirements, it may forthwith appoint an independent engineer 

to investigate the irregularities complained of, and upon the 

written report of such engineer, the Company shall within a time· 

to be fixed in such report comply with the requirements of such 

engineer therein set forth to his satisfaction, and failing such 

·compliance the Company shall pay and forfeit to such Local 

Authority whilst so in non-compliance the sum of twenty-five 

pounds sterling per day, or such smaller sum as the Local Authority 

may in its discretion fix. The engineer shall be entitled to 

-claim and shall receive from the Company all information he may . 

require, and may take evidence and obtain expert advice, and do 

·all things necessary to enable him to ascertain whether the complaint 

of the Local Authority is well founded. The decision o:f 

·such engineer shall be final and binding upon all parties con 

'Cerned. The costs and charges of the appointment of such 

engineer shall he paid and borne by the Company or by the. 

Local Authority as such engineer may decide. Moreover, should 

Ko. 34-1899. 

If tramways not 

worked Local 

Authority may 

purchase l:lame, or 

cause rails to be 

taken up. 

If tramways not 

properly worked 

what steps to be 

taken. 


Xo. B4-189H. 

Maintenance o f 

·work,; ; p en a l t y 

for non-mai u ten 

:mce. 

If moti Ye power 

fails animal power 

maybe u~ed. 

Right of L o c a 1 

Authorities to acquire 

un de rtakin~ 

aft e r fi f t y 

year,;. 

4180 CAMP'::; llAY TRAMWAYS ACT. 

any Local Authority :fail to insist on the tramways being properiy 

and efficiently worked the Governor may appoint an engineer who. 

shall have all the powers contained in this clause. 

41. The whole of the works and tramways shall be maintained 

by the Company at all times in a good, proper and efficient state 

of repair to the satisfaction of any Local Authority concerned, 

and every car shall be constructed and maintained so as to be free 

from noise, produced by the clatter of machinery, such as· to. 

constitute reasonable grounds of complaint from the passengers. 

or the public. 'J.1hey shall be so constructed moreover as to. 

provide for the safe entrance to, exit :from, and safe accommodation 

of all passengers, and shall be furnished with suitable screw 

jacks or other appliances :for promptly raising the cars in the· 

event of accident. In default of compliance ·with the terms of 

this section the Company shall be liable to a penalty to he paid 

and forfeited to such Local .... \.uthority not exceeding .Five Pounds 

in respect o.f each such default, and an additional 'rwo Pounds 

:for each day during which such default shall continue after the 

Company has received notice thereof. The amount of the penalty 

to be, subject to the maximum herein named, absolutely at the· 

discretion of the Local Authority. 

42. In the event of any break-down, accident, or other 

occurrence causing, necessitating, or rendering desirable a 

temporary stoppage of the motive power employed by the Company, 

it shall have the right to substitute and use animal or other 

power for the purpose o:f continuing the \Yorking of the tramways. 

until such time as the original motive power can be completely 

re-established: provided always that if the aggregate of such 

stoppages in any one year shall amount to three months, the Local 

Authorities shall have the power to remove the rails and restore 

the road or to purchase the undertaking in accordance with and 

subject to the terms mHl conditions set forth in sections Nos. 39· 

and 43 of this Act, as if the period of fifty years referred to in 

section 43 had expired. 

4:3. 'rhe rights and powers conferred by this Act upon the Company 

shall continue until they are forfeited in terms of any provision 

of this Act, hut any Local Authority within whose limits 

any of the tramways. or part thereof may be situated shall be 

entitled at the expiration o:f fifty years from the date of the promulgation 

of this Act to purchase that part of the undertaking 

situated within the limits of such Local Authority, upon giving 

notice in writing six months before the expiration of such period 

of its intention so to do, and if such option be not exercised upon 

due notice given as above the rights and powers granted under 

this Act shall continue for a further period o£ five years, at the 

expiration of which period the Local Authority concerned shall· 

upon giving the above notice have a like option, and so on for successive 

terms o£ five years each, unless or until at the expiration of 

any such term, the Local Authority shall exercise the option so 



reserved to it. In the event of such option being exercised the 

price to be paid shall be calculated on the basis of the actual capital 

amount expended in the acquisition of land, for the purposes of 

the tramways, and in the construction and equipment of the 

undertaking, reasonable deduction being made for wear and tear 

of the said property and plant, and the difference between the 

original cost of materials and the cost of materials at the' date of 

such taking over, and in the event of any difference as to the 

amount the same shall be determined by arbitration, and in fixing 

the purchase price the arbitrator or arbitra.tors shall proceed upon 

the above basis: provided that if, at any time before the ~funicipality 

or other Lo-cal Authority has elected to purchase that 

part of the undertaking which it is entitled to- acquire as above as 

being within its limits, the Corporation should decide in terms of 

this section to purchase that part of the undertaking which the 

Corporation is entitled to purchase as above the Company shall 

:forthwith call upon the )1unicipality or other Local Authority to 

elect, within three months, whether it will purchase' that portion 

of the undertaking lying within its limits, and should the ~funicipality 

or other Local Authority fail or refuse so to purchase, 

then the Corporation shall be obliged to purchase the whole of the 

undertaking within and without the limits of the Co-rporation, 

upon the like terms. Should the :Municipality or any Lo-cal 

Authority upon being so called upon or at any time prior thereto, 

decide to e·xercise its right to purchase as above then the Corporation 

shall be obliged whenever it purchases at aU to purchase the 

whole of the undertaking situate beyond the limits of the ~Iunicipality 

whether within the limits of the Corporation or not. 

44. The said Local Authorities shall respectively have the like 

powers to acquire those portions o:f the undertaking within or without 

their limits, as in the last preceding section set forth at the 

expiration of the period of thirty years after the date of the 

promulgation of this ... \ct, and shall have: a like option at the 

expiration of each successive five years thereafter until the expiration 

of the abovem.entioned period of fifty years except that if 

they acquire under the provisions of this section prior to the 

expiration of fifty years from the date of promulgation, then they 

shall repay to the Company the capital expended on the undertaking 

and in the event of a dividend equal to six per cent. per 

annum not having been paid for the full period from the registration 

of the Company up to the date of such acquisition by the 

Local Authorities such further sum shall be paid to the Company 

as will make the average annual dividend equal to six per cent. 

for such entire period. The sum total of moneys from time. to tim,e 

set aside by the Company as and to form an amortization fund 

shall be taken into account in ascertaining the amount to be paid 

by such Local Authorities to make up the average annual dividend 

equal to six per cent., and should such amortization fund at 

the date of such acquisition equal or exeeed the amount required 

so to make up the average annual dividend to six per eent., then, 

DD 

No. 34-1899. 

Or after thirty 

years on payment 

of value and 6 per 

cent. dividend for 

that period: 

balance sheets to 

be supplied. 


No. 34-lH99. 

Meaning of expression 

" capital 

expended on the 

undertaking." 

For what purpose 

tram ways 

may be used. 

Company not 

bound to carry 

goods, &c., beyond 

20 lbs. weight of 

luggage. 

Rental to be paid 

to Local Authorities. 

4182 CAMI'' S BAY TRAMWAYS ACT. 

for the purposes or this section, the annual average dividend for 

such entire perio·d shall be deemed to have equalled six per cent. 

and any other profits not distributed, whether directly set aside a~ 

a redemption fund or to form a reserve fund or otherwise dealt 

with, shall in like manner be taken into account £or the purposes 

aforesaid. 

rrhe Company shall annually and so often as any balance sheet, 

statem.ent of profit and loss or report be prepared by or submitted 

to the shareholders or members of the Company supply to each 

of the said Local Authorities a certified copy or each o£ such 

documents and the Local Authorities shall have the right to 

require the Company to verify and explain the particulars o£ any 

such balance sheet, statement, or report. 

45. The expression "capital expended on the undertaking" 

used in the last preceding section shall mean the money expended 

in or upon the construction and equipment of the tramways, the 

acquisition o£ all land directly used £or the purposes of the tramways, 

and all buildings, works, materials, and plant o£ the Company 

suitable to and used by it for its purposes as a ~l_1ramw:ty 

Company: and in obtaining Parliamentary powers, and for 

engineering a.nd surveying services in connection with the laymg 

down and original construction o£ the tramways and additions m1d 

extensions, but not renewals, repairs or maintenance. A 1ocord 

o£ the capital expended on the undertaking SUI)JWrted by vouchers 

to the satisfaction or the auditors of the Local Authorities shall be 

furnished to the Local Authorities on the completion of the works. 

· 46. rrhe tramways may be used for the pUl'}JOR3::l ot C


48. The Company may demand and take in respect of the 

tramways authorised by this A .. ct tolls and charges not exceeding 

the sum specified in the Schedule ll to this Act, subject and 

according to the Regulations therein specified : a list of all the 

tolls and charges authorised to be taken shall be exhibited in a 

conspicuous place inside of the cars used upon the said tra.mways. 

Nothing herein contained, however, shall prevent the Company 

from charging lesser sums than those specified in the said 

Behedule or prevent the Company charging special rates upon 

special cars or to special classes of passengers, subject always to 

the maximum sum specified in the said Schedule. 

49. Every passenger travelling upon the tramways may take 

with him his personal luggage, not exceeding t.wenty pounds in 

weight, free of charge: all such personal luggage to be carried 

at the risk and on the responsibility of the passengers, and not 

to occupy any part of a seat nor to be of a form or description to 

annoy or inconvenience other passengers·. 

50. Notwithstanding anything in the "J\Ietropolitan Tramways 

Company Act, 1895," the ''City rrramways Company Act, 1881," 

or any other law contained, the Company shall have the right so 

long as the rights and powers conferred on the Company by this 

Act continue to run its cars upon those tram lines belonging to 

the said Companies, more fully deseribed and enumerated in Schedule 

C to this Act, and it shall pay to the said ~Ietropolitan Tramways 

Company Limited, and the City rrramways Company, or 

their respective successors or assigns, the amount or amounts, 

:fixed in terms of the agreement between the Company and the 

said ·Metropolitan Tramways Company Limited and the City 

Tramways Company, set forth at length in the said Schedule C 

hereto. 

51. Nothing in the "Metropolitan ~rramways Company Act, 

1895," or any other law contained shall prevent the ~fetropolitan 

Tramways C_gmpany Limited from supplying the Company with 

electrical energy to enable it effectually to use the running powers 

in the last preceding section referred to, or tern poraril y to enable 

the Company to work its Tramways or any of them. 

52. The Company shall be entitled to enter into contracts and 

agreements with Local, Road, and other Authorities and Bodies, 

Companies and Persons, and in order duly to execute such contracts 

and fulfil such agreements shall be empowered and entitled 

to lay down, place and provide mains, wires, tubes, and other apparatus 

for supplying electric light and energy for all purposes to 

consumers along the line o£ route or within the districts served by 

the tramways, provided always that nothing herein contained 

shall authm~ise the Company, unless by special agre~ment with the 

Corporation or the Municipality, to supply any eonsumer or other 

person or Company within the area of such Corporation or Municipality 

respectively with eleetrie light or energy. 

DD 2 

No.34-1899 

Company may 

demand tolls and 

charges for passengers 

and goods. 

Passengers entitled 

to take 20 

lbs.luggage free. 

Running rights 

over Metropolitan 

and City Tramways, 

and compensation 

payable for 

same. 

Metro p o 1 it an 

Tramways Company, 

Limited, 

authorised to supply 

power to Company. 

Company may 

enter into contracts 

and do certain 

things in accordance 

therewith. 


No. 34-1890. 

Where tramways 

pass entirely 

over private lands 

route may depart 

from that shewn 

on plans.' 

Penalty for obstructing 

construction, 

and destroying 

flags, pegs, &c. 

Penalty for certain 

other offences. 

Penalty for 

travelling without 

paying fares. 

Loaded firearms 

and dan g e r o u s 

goods not to be 

brought on cars or 

4184 CAMP'S BAY TRAM"\V.-\YS ACT. 

53. \Vherever the tra1nways or any o£ them pass over and run 

entirely on private land, the Company in constructing, enlarging, 

or ext~nding the tramways shall be entitled, with the consent of 

the o"'··ners of such private land and of the Local Authority concerned, 

to vary the route beyond the limits of deviation shewn ou 

the plans, provided that before passing beyond the limits of such 

private land the route shall return to and run along the line 

shown on the plans. 

54. If any person wil£ully obstructs any one acting under the 

authority of the Company in the lawful exercise of the powers 

by this Act conferred in setting out or making, forming, laying 

down, repairing, renewing, or working the tramways, or defaces, 

removes or destroys any mark, peg, fiag, or the like made or used 

for the purposes of setting out the line of such tramway, or damages 

or destroys any property of the Company, or of any person 

employed by it, he shall for every such offence be liable to a 

penalty not exceeding £5, or to imprisonment for one month. 

55. If any person without lawful excuse (the proof whereof shall 

lie on him) wiHully do any of the following things, namely: 

Interferes with, removes, or alters any wires or other part of 

the tramways or the works connected 'vith them: 

Places or throws any stones, dirt, 'vood, refuse, or other 

material on any part of the tramways: 

Does or causes to be done anything in such a manner as to 

obstruct any carriage or car belonging to or with the 

consent of the Company using the tramway: 

While knowingly suffering from any infectious or contagious 

disease travels or attempts to travel by or brings on 

to any car of the Company anyone so suffering: 

Or endangers the persons or lives of persons therein or 

thereon, or knowingly does or assists in the doing of any 

such thing: 

he shall for every such offence be liable, in addition to any further 

proceedings by way of indictment or otherwise to which he may 

be liable be subject to a penalty not exceeding £5, or in default 

to imprisonment for not more than one month. 

56. If ~my person travelling m· having travelled in any carriage 

on any tramway of the Company, avoids or attempts to avoid payment 

of his fare, or if any person having paid his faro for a certain 

distance shall knowingly and wilfully proceed in any such carriage 

beyond such distance and fail to pay the additional fare for the 

additional distance or attempts to avoid payment thereof, or if any 

person knowingly and wil£ully refuses or neglects· on arrival at the 

point to which he has paid his fare, to pay for proceeding further 

or to quit such carriage, every such person shall for every such 

offence be liable to a penalty not exceeding 40s. or in default to 

imprisonment for not more than two weeks. 

57. No person shall be entitled to carry or to require to be carried 

on any tramway any loaded firearms or any goods which may be 

of a dangerous nature, and i£ any person sends by any tramwa.y 


CAMP'S BA. Y TRAMWAYS ACT. 4185 

any such goods without distinctly marking their nature on the 

outside of the package containing the same, or otherwise g1v1ng 

notice in writing to the official or servant of the Company with 

whom the same are left at the time of such sending, or shall carry 

or shall bring upon any tramway or carriage of the Company 

such goods, he shall be liable to a penalty not exceeding £20, or 

to imprisonment for not more than three months, for every such 

offence, and it shall be lawful for the Company to refuse to take 

any parcel suspected to contain goods of a dangerous character, or 

to require the same to be opened to ascertain the fact. 

58. All penalties imposed by this Act shall be recoverable, in 

the Court of the Resident ~{agistrate of Cape Town, and if at the 

suit of the Company then for the benefit of the Company. 

59. Subject to the provisions of this Act rights and facilities 

shall at all times be enjoyed by the said Company for their cal' 

riages to pass without obstruction or hindrance along the several 

lines of the Company; a.nd upon due and sufficient notice being 

given by whistle, bell, gong, or other contrivance, as the Local 

Authority may approve, by the driver, conductor, or other person 

in charge of the said carriages of the approach thereof, all persons 

and vehicles upon or near the lines of rail shall, as soon as 

practicable, remove so as to allow the carriages of the Company 

to pass along the line freely without obstruction: if any person 

or persons shall drive, ride, lead or leave ~ny wagon, cart, carriage, 

or other vehicle, or any horse or other animal upon the said 

tran1way lines in such manner as to wilfully obstruct and hinder, 

or shall in any other way wilfully obstruct and hinder any car or 

conveyance belonging to the Company, or shall refuse to move 

such obstruction when called upon so to do by any employee of 

the Company, it shall be lawful for any officer of the Company, or 

any persnn whom he may call to his assistance, to remove such 

ohs.truction; and any person who shall he guilty of such hindrance 

or obstruction shall, for eYery such offence, he liable to a 

penalty not -exceeding five pounds sterling and in default of payment 

to imprisonment with or without hard labour for any term 

not exceeding one month unless such fine he sooner paid. 

60. The Company shall . have the power to make Bye-Laws 

regulating the traffic on the said tramways, providing for the 

conditions upon which passengers will be allowed to travel and use 

the cars, and generally for regulating the travelling in and upon 

any carriage belonging to it, and for preventing the commission of 

any nuisance in or upon any carriage or premises belonging to it; 

and providing penalties to be imposed by any competent Court 

upon any person effecting a breach of the said Bye-La-ws, and fr01n 

time to time to add to and vary such Bye-La.ws. Such Bye-Laws 

and additions thereto, or alterations thereof (if any), shall in every 

case be submitted for the approval of the Local Authorities concerned, 

and a- copy of same shall be placed for public inspection at 

the Office of the Company and of each Local Authority, and notice 

No. 34-1899. 

property of Company. 

Penalties, how to 

be recovered and 

disposed of. 

Right of Company's 

vehicles to 

use lines and to 

warn others off 

same. 

Company may 

make by-laws as to 

traffic on cars and 

penalties may be 

enforced for contravention 

of same. 


No. 34-1899. 

I No director or 

shareholder of the 

Company to be 

member of Local 

or Road Authority. 

Company may 

sell, lease, or otherwise 

dispose of 

undertaking. 

Differences to be 

settled by arbitration. 

4186 CAMP'S BAY TRAMWAYS AC'l'. 

thereof shall be published at least once a week for two consecutive 

weeks in the Gazette and one or more local newspapers, and 

if not approved by the Local Authorities within one month after 

submission to them may be submitted to the Governor for his approval, 

and upon the Governor's approval being obtained and proclamation 

made in the Gazette, such Bve-Laws shall have the 

force of Law, provided that nothing her~-in contained shall affect 

the powers with regard to Bye-Laws and Regulations conferred 

upon the Local Authorities by Section :X o. 26 o:£ this Act. 

Gl. No director or shareholder of the Company shall be capable 

of being elected or o:£ continuing to sit as a member of any 

Local or Uoad Authority in this Act referred to. 

G2. rrhe Company shall have full power and authority to sell, 

lease, or otherwise dispose o:£ the undertaking or any part thereof 

to any other Company, ~yndicate, Person, or Public Body, to 

am.algamate with or to enter into working arrangements with any 

other Company having similar objects and powers, and may cede 

and assign all its rights and powers under this Act to any other 

Person or Body having sufficient power under its .Memorandum of 

Association to carry out the undertaking of the Company, and such 

cession shall carry with it, and impose upon the Company, Person, 

or Body purchasing the rights, powers, and assets of the Company, 

all its duties and obligations under this Act or otherwise. Provided 

that no sale, letting or other disposal of or dealing with the said 

undertaking or any part thereof to or hy the ~Ietropolitan Tramways 

Company, Limited, or the City Tramways Company, Limited, 

or to or by any Company, Person or Body which shall or may 

acquire any rights from or through either of them, shall have the 

effect of preventing, interfering with or postponing the right or 

power of purchase or acquisition given to the 

Corporation by 

Hedions ao and :n of Ad No. 22 of 1B95, or the rights or power 

of purchase or acquisition 'vhich the ~Iunicipality have under 

Section G of Act No. 23 of 1895, and that the said right or 

power may be exercised on the same terms and conditions whether 

the said :Metropolitan 1\·am.ways Company, Limit~d, or the said 

City Tramways Company, Limited, or auv Companv, Person or 

Body claiming through or under them, p1.~rchase, hi1:e or otherwise 

acquire any interest in or right of dealing ·with or using any part 

of the tramways and undertaking authorised b:· this Act, or 

not, provided that nothing in this Act contained shall be so construed 

as to make the :Municipality a party to the provisions of 

the agreement set forth in Schedule C, or to deprive the 1\Iunicipality 

of any o£ its rights under Act. 23 of 1895. 

63. Any dispute or difference between the Company and any 

other person as to any compensation to be paid to such person under 

this Act or an~" dispute or difference as to the amount o:£ compensation 

to be paid in the event of the tramways or undertaking o£ 

the Company or any part thereof being taken over by one or 

more Local Authorities or as to the proportion to be paid by each 


CAMP'S BAY TRAM"\;VAYS ACT. 4187 

such Local Authority respectively, or any other dispute or difference 

on any matter which is not by this Act le:ft to the decision or 

discretion of the Local Authority, or the Engineer to be appointed 

under the provisions of Section 40, shall he referred to arbitration. 

rrhe arbitrator or arbitrators in fixing any compensation to be 

paid by the Company for the acquirement of any land shall take 

into account the betterment of the balance of the land clue to the 

introduction o£ the undertaking. :For the purpose o£ arbitration 

under this Act, except in connection with matters referred to and 

dealt with in the Schedule C hereto, the provisions of the "Lands 

and Arbitration Clauses Act of 1882" and of the "Arbitration 

Act, 1898," are hereby incorporated and shall apply. 

64. rrhe Company shall, if and when required thereto by the 

Post Office Authorities, make proper provision for the conveyance 

to or from any of its stations o£ such ~fails, Letter Bags, and the 

like as the Postmaster-General may from time to time require, 

subject to the provisions of Act No. 36 of 1895, any difference 

arising between the Postmaster-General or any other Public 

Body, Local Authority or Road Authority and the Company shall 

be decided by arbitration, unless specific provision is otherwise in 

this Act made. 

65. Nothing in this Act contained shall be construed so 

as to prevent any agreement being entered into between 

the Syndicate or the Company and any Local Authority for 

the purpose of altering, modifying, or explaining any o£ the 

Sections o£ this Act or o£ ma.king provision for any matter 

not dealt with by the Act so far as the same may come 

within the powers of such Local Authority, and any such agreement 

entered into between the Syndicate and any such Local 

Authority shall be binding upon the Syndicate and its Assigns, 

and the Company shall comply with and carry out and in every 

respect be hound by the provisions of any such agreement, notwithstanding 

that the same may have been agreed upon and 

executed prior to the promulgation o£ this Act, unless and in so 

far only as any such provisions may he in direct conflict with 

any of the provisions o£ this Act. The provisions o£ the agree 

Inent printed as Schedule D to this Act shall he taken as herein 

inserted. 

66. This Act mav be cited for all purposes as the "Camp's 

Bay Tramways Act, '1899." 

SCHEDULE A. 

Regulations in conformity with those framed by the Board 

of Trade of the United Kingdom for regulating the employment 

of insulated returns, or of uninsulated metallic returns of low 

resistance; for preventing fusion or injurious electrolytic action 

of or on gas or water pipes

4188 CAMl''S IL\.Y TRAMWAYS ACT. 

No. 34-lS!.lP. 

substances; and for minimising, as far as is reasonably practicable, 

injurious interference with the electric wires, lines, and apparatus 

of parties other than the company, and the currents therein, 

whether such lines do or do not use the earth as a return. 

DEFINITIONS. 

In the following regulations:- 

rrhe expression "energy" means electrical energy. 

The expression "generator" means the dynamo or uynamos 

or other electrical apparatus used for the generation of energy. 

The expression ''motor'' means any electric motor carried on a 

car and used for the conversion of energy. 

r_rhe expression "pipe" means any gas or water pipe or other 

metallic pipe, structure, or substance. 

rrhe expression ''wire" means any wire or apparatus used for 

telegraphic, telephonic, electrical signalling, or other similar 

purposes. 

The expression "current" means an electric cunent exceeding 

one-thousandth part of one ampere. 

The expression " the com puny " has the same meaning as in 

this Act. 

REGULATIONS. 

1. Any dynamo used as a generator shall be of such pattern 

and construction as to be capable of producing a continuous 

current without a.ppreciable pulsation. 

2. One of the two conductors used for transmitting energy from 

the generator to the motors shall be in every case insulated from 

earth, and is hereinafter referred to as the ''line" ; the other may 

be insulated throughout, or may be insulated in such parts and 

to such extent as is provided in the following regulations, and is 

hereinafter referred to as the "return." 

0. Where any rails on which cars run or any conductors laid 

between or within three feet of such rails form any pa.rt o£ a 

return, such part may be uninsulated. All other returns or parts 

of a return shall be insulated, unless of such sectional area as will 

reduce the difference of potential between the ends o£ the uninsulated 

portion of the return below the limit laid down by 

Regulation 7. 

4. When anv uninsulated conuuctor laid between or within 

three feet of tlw rails forms any part of a return, it shall be 

electrically connected to the rails at uistances apart not exceeding 

100 feet, by means o£ copper strips having a sectional area o£ 

at least one-sixteenth o£ a square inch, or by means o£ equa1 

conductivity. 

5. When any part o£ a return is uninsulated it shall be connected 

with the negative terminal of a generator, and in such case the 

negative terminal of the generator shall also be directly connected, 



through the current-indicator hereinafter mentioned, to two 

separate earth connections, which shall be placed not less than 

twenty yards a part. 

Provided that in place of such two earth connections the company 

may make one connection to a main for water supply of not 

less than three inches internal diameter, with the consent of the 

owner thereof and of the person supplying the water; and provided 

that where, from the naturo of the soil or for other reasons, 

the company can show to the satisfaction of an inspecting officer 

of the Government that the earth connections herein specified 

cannot be constructed and maintained without undue expense, 

the provisions of this regulation shall not apply. 

The earth connections referred to in this regulation shall be 

constructed, laid, and maintained so as to secure electrical contact 

with the general mass of earth, and so that an electromotive force 

not exceeding four volts shall suffice to produce a current of at 

least two a1nperes from one earth connection to the other through 

the earth, and a test shall be made at least once in every month 

to ascertain whether tl).is requirement is complied with. 

No portion of' either earth connection shall he placed within six 

:feet of any pipe, except a main for water supply of not less than 

three inches internal diameter, which is metallically connected to 

the earth connections with the consents hereinbefore specified. 

6. When the return is partly or entirely uninsulated the company 

shall, in the construction and maintenance of the tramway 

( a) so separate the uninsula.ted return from the general mass of 

earth, and from any pipe in the vicinity; (b) so connect together 

the several lengths of the rails ; (c) adopt such means for reducing 

the difference produced by the current between the potential of the 

uninsulated return at any one point and the potential of the uninsulated 

return at any other point; and (d) so maintain the efficiency 

of the earth connections specified in the preceding regulations 

a.s to fulfil the following conditions, viz.:- 

(i) That the current passing from the earth connections 

through the indicator to the generator shall not at any 

time exceed either two amperes per mile of single tramway 

line, or 5 per cent. of the total current output of the 

station. 

(ii) That if at any time and at any place a test be made by 

connecting· a galvanometer or other current indicator to 

the uninsulated return and to any pipe in the vicinity, it 

shall always be possible to reverse the direction of any 

current indicated by interposing a battery of three 

Leclanche cells connected in series if the direction of the 

current is from the return to the pipe, or by interposing 

one Leclanche cell if the direction of the current. is from 

the pipe to the ret.urn. 

In order to provide a continuous indication that the condition 

(i) is complied. 'vith, the compan~~ ~hall pla~e in a conspicuous 

No. 34-1899. 


4190 

No. 34-1899. 

position a suitahb, properly coJmec~te

CAl\IP' S BAY TRAM.WAYS ACT. 4191 

13. An insulated return shall be placed parallel to and at a 

distance not exceeding three feet fro·m the line when the line and 

return are both erected overhead, or 18 inches when they are both 

laid underground. 

14. In the disposition, connections, and working of feeders 

the Company shall take all reasonable precautions to avoid injurious 

interference with any existing wires. 

15. The Company shall so construct and maintain their system 

as to secure good contact between the motors and the line and 

return respectively. 

16. The Company shall adopt the best means available to prevent 

the occurrence o£ undue sparking at the rubbing or rolling 

contacts in any place, and in the construction and use of their 

generator and motors. 

17. In working the cars the current shall be varied as required 

by means o£ a rheostat containing at least twenty sections, or by 

some other equally efficient method of gradually varying resistance 

18. Where the line or return or both are laid in a conduit, the 

following conditions shall be complied with in the construction 

and maintenance o£ such conduit:- 

(a) The conduit shall be, so constructed as to admit of easy 

examination and access to the conductors contained 

therein and their insulators and supports. 

(b) It shall be so constructed as to be readily cleared of 

accumulation o£ dust or other debris, and no such accumulation 

shall be permitted to remain. 

(c) It shall be laid to such falls, and so connected to sumps 

or other means of drainage, as to automatically clear 

itself of water without danger of the water reaching the 

level of the conductors. 

(d) I£ the conduit is formed of metal, all separate lengths 

shall be so jointed as to secure efficient metallic continuity 

:for the passage of the electric currents. Where the rails 

are used to form any part of the return they shall be 

electrically connected to the conduit by means o£ copper 

strips having a sectional area o£ at least one-sixteenth 

of a square inch, or other means of equal conductivity, 

at distances apart not exceeding 100 feet. Where the 

return is wholly insulated and contained within the 

conduit, the latter shall he connected to earth at the 

generating station through a high resistance galvanometer, 

suitable for the indication of any contact or partial 

contact of either the line or the return with the conduit. 

(e) I£ the conduit is :formed of any non-metallic material not 

being o£ high insulating quality and impervious to 

moisture throughout, and is placed within six feet of any 

pipe, a non-conducting screen shall be interposed between 

the conduit and the pipe, of such material and dimensions 

"No. 34-1899. 



No. 34-1899. 

as shall provide that no current can pass between them 

without traversing at least six feet of earth; or the 

circuit itself shall in such case be lined with bitumen or 

other non-conducting dmnp-rcsisting material in all 

cases where it is placed within six feet of any pipe. 

(f) The leakage current shall he ascertained daily, before or 

after the hours of running, when the line is fully charged, 

and if at any time it shall he found to exceed half an 

ampere per 1;1ile of tramway the leak shall be localised 

and removed as soon as practicable, ancl the running of 

the cars shall be stopped unless the leak is localised and 

removed within 24 hours. 

19. The Company shall, so far as may he applicable to their 

system of vmrking keep reeords as specifie


3. Termination of Tramway No. 2 and Termination of Tramway 

No. 3 in Orange Street. 

4. Termination of Tramway No. 2 and Termination of Tramway 

No. 4 in Orange Street. 

5. Commencement of Tramway No. 5 and ~rermination of 

'rramwa.y No. 6. 

G. Termination of Tramway No. G and passing place· Sea 

Point side of :Mr. Bultitude's house. 

7. Passing place Sea Point side of :Mr. Bultitude's house, 

Botany Bay, and Termination of Tramway No. 8. 

8. Passing place Sea Point side of :Mr. Bultitude's house and 

existing Tramway Terminus, Sea Point. 

9. Passing place Sea Point side of :Mr. Bultitude's house and 

Termination of Tramway No. 9a. 

10. Termination of Tramwav No. 6 and Termination of Tramway 

No. 10, Kloof N eic 

il. Kloof N ek and passing place on the Kloof N ek side of :Jfr. 

Wvllie's house. 

12. Pas~ing place on the Kloof N ek side of :Jfr. Wyllie's house 

and Termination of Tramway No. 13. 

13. Passing place on the Kloof N e']r side of Mr. Wyllie's house 

and Termination of Tramway No. 14. 

Provided moreover that the maximum fare for anv unbroken 

trip between the undermentioned points shall be as f~llows·:- 

(a) Between Camp's Bay and the Standard Bank or 

some other central terminal point in Cape Town 

via the Kloof N ek .. . .. . .. . ... .. . ... .. . .. . .. . .. . 9d. 

(b) Between the termination of Tramways Nos. 8, 9, 

or 9a, and the Standard Bank or such other central 

terminal point in Cape Town, via the Kloo£ 

Road ... ... ... ... ... ... ... ... ... ... ... ... ... ... 1/- 

(c) Between Camp's Bay and Cape Town, via Sea 

Point... ... ... ...... ... ... ... ... ... ... ... ... ... 1/3 

(d) For the complete Inner Circle .. . .. . .. . ... .. . .. . 1/6 

(e) For the complete Outer Circle .. . .. . ... .. . .. . .. . 2/- 

For the purpose of this Schedule the Expression "Camp's Bay" 

shall mean the point shewn on the plans as termination of Tramway 

No. 5 and commencement of Tramway No. 6. 

The expression "Complete Inner Circle" shall mean that a 

passenger entering a Car of the Company at any recognised point 

is entitled to a single journey via Sea Point and Cape Town back 

to such point in and on that caT or any car that may be substituted 

therefor to complete such circle via any of the Company's lines 

except Tramways Nos. 1, 5 and 6. 

The expression "Complete Outer Circle" shall only differ from 

the above in that the trip shall be via Tramways Nos. 1, 5 and 6_. 

in lieu o:f via Tramway No. 10. 

No. ;;4-1899. 



No 34-1899. 

"Recognised Starting Points" shall be any points mentioned 

in the first paragraph of this Schedule and in addition on the lines 

of the Metropolitan rrramway Company the points known as rrhe 

Standard Bank, Varney's Corner, and rrhree Anchor llay. 

Nothing herein contained, however, shall be taken to prevent 

the Company from running any special car or carriage, for any 

special purpose or upon any special occasion upon such terms as 

it may agree with any person or persons interested, or for purposes 

connected with the working of the Company, so long as the 

ordinary Tramway Service :for the convenience of the public is 

not interfered with. 

Goods. 

The rrolls or Rates to be charged by the Company in respect of 

Goods and Parcels for carriage thereof for the distance between 

any two termini o£ the said Tramways shall not exceed:- 

For any pareel not exeee

CAMP'S BAY TRAMWAYS ACT. 

4195 

lh~TWEBN 

SCHEDULE C. 

~IE~IORANDUM: OF AGREEMENrr 

THE ":MILLS" SYNDICATE, LIMITED, AND THE ~IETRO 

POLITAN rrRAMWAYS CoMPANY, LIMITED, AND rrHE CITY 

THAMWAY COMPANY, LIMITED. 

No. 34-1899. 

:.MEMORANDUM OF AGREEMENT made, entered into, and agreed 

upon, by and between " THE ~IETROPOLITAN rrRAMW AYS 

CoMPANY, LIMITED." and the "CITY TRAMWAY CoMPANY, 

LIMITED," o£ Cape r:rown, in the Colony of the Cape of Good 

Hope, o£ the one part, and " rrnE Mn.r .. s SYNDICATE, 

LIMITED," o£ the othe1.· part. 

Whereas the )fetropolitan Tramways Company, Limited, under 

Section 45 o£ Act 22 o£ 1895, have the exclusive right to run 

upon the tram.ways specified in the said Act, cars or carriages, 

plying for hire, with flanged wheels or wheels specially adapted 

to run upon the rails. 

And whereas Section 27 of the said Act provides that whenever 

the Town Council of the City o£ Ca.pe Town deems it necessary 

to do so £m·-the public interest, it may demand and require the 

said :Metropolitan Tramways Company, Limited, to make tra.mways 

and extensions of the tramways authorised by the said Act, 

in or over any streets, roads or public places within the Municipality 

of the City o£ Cape Town, and in case the said Company 

shall refuse to comply with such demand, then the said Council 

shall be at liberty to contract with any other person, persons or 

body in respect thereof, and may cause any tramway so contracted 

for to be worked by electricity or otherwise. 

And whereas the Syndicate is desirous of obtaining Parliamentary 

powers to construct certain lines o£ tramway partly beyond 

and partly within the limits o£ the said Municipality. 

And whereas the Cape Town and Green Point Tramway Company 

had under Section 3 o£ Act 23 o£ 1895 the exclusive right 

to run upon the tramways :from Sea Point to Cape Town cars or 

carriages plying for hire, with flanged wheels or wheels specially 

adapted to run upon the rails of such tramways, which rights are 

now vested in the :Metropolitan Tramways Company, Limited. 

And whereas the Syndicate proposes to ask the authority o£ 

Parliament :for running rights over the rails o£ the tra.mways 

herein specified, and to construct, lay down, equip, maintain and 

work certain lines o:f tramways within the limits of the Municipality 

of the City of Cape Town, and of the Municipality of Green 

Point and 8ea, Point. 

And whereas the Syndicate has arranged and agreed with the 

said Companies that the latter shall waive, as far as necessary for 

the purposes hereina;ft.er set forth, all rights,. powers, and privi- 



No. 34-1809. 

leges they possess which might be or be held to he, infringed or 

affected by the proposed undertaking o£ the t;yndicate. 

Now, therefore, it is hereby agreed by and between the said 

parties:- 

First: rrhroughout this Agreement the words "the Syndicate" 

shall mean " rrhe )fills' Syndicate Limited" and 

its assigns and successors and every Company acquiring' 

the whole or part o£ its undertaking, and the expression 

''the said Companies" shall mean "rrhe :Metropolitan 

rrraJ.nways Company, Limited," and '' rrhe City rrramways 

Company, Limited," and the assigns and successors 

of such Companies or either of them, and all persons 

and Companies acquiring any or all o£ their powers 

and rights. 

Second: rrhe )fetropolitan rrramways Company, Limited (so 

far as is necessary for the effectual carrying out of this 

Agreement) waives the pre:ferent right to construct 

tramways within the )Iunicipality of Cape rrown set 

:forth in Section 27 of the )Ietropolita.n Tram wuy:;; Company 

Act, 1895, and the said Companies waive, forego, 

and abandon so far only as is necessary for the effectual 

carrying into effect o£ this Agreement and the rights 

hereunder granted, all rights, powers and privileges vested 

in or accruing to them, or either of them, upon the 

terms and conditions hereinafter set :forth. 

Th:i.rd: The Syndicate shall have the right, power and privilege 

of running cars and carriages, plying :for hire, with 

flanged wheels or wheels specially adapted to run upon 

the said rails, over the :following lines of tramway, 

namely:- 

(a) :From the terminus of the existing tramways at Sea 

Point along the ~Iain Road :from Sea Point, along 

Somerset Road up to Waterkant Street, Cape 

Town, and within the City of Cape Town over all 

lines laid along the following streets, that is to say, 

Waterkant Street, Bree Street, Strand Street, Long 

Street, Adderley Street, Wale Street, Kloof Street, 

Orange Street, the object being to allow the cars 

of the Syndicate coming from Sea Point on the one 

side and from Kloo£ Road and Hof Street, Upper 

Orange Street and Orange Street on the other, to 

make the loop route included in the following 

streets : Long Street, Strand Street, a small section 

of Bree Street and Waterkant Street, Adderley 

Street and Wale Street. 

(b) Along the lines, whenever constructed, proposed to 

be laid along the lower part o£ Kloo£ Road up to 

the point where that road is intersected by Burnside 

Road, along so much o£ Burnside Road as may 



be necessary to connect the whole of the Kloof 

Road with Kloof Street. 

Fourth: The Syndicate shall be entitled, at its own expense, 

to make, construct, lay down, and effect junctions with 

the permanent way and trolley wires and other overhead 

constructions, wherever necessary, to enable the cars 

running over the tramways constructed and laid down 

by the Syndicate to connect with the tramways of the 

said Companies. 

Fifth : In effecting . and constructing the said junctions the 

Syndicate shall carry out the work to the reasonable· 

satisfaction of the said Companies, and at such times 

and in such manner as may be arranged between the 

Syndicate and the said Companies, so as to cause as 

little inconvenience to them as possible. 

Sixth: The Syndicate shall be entitled for running its cars 

and carriages over the lines of the said Companies, in the 

exercise of the running rights and powers in this 

Agreement referred to, to use the power supplied and 

furnished by the said Companies, and the said Companies 

shall be bound to furnish and supply adequate power 

therefor in such quantity and pressure and under such 

conditions as shall enable the Syndicate to comply with 

Parliamentary and Municipal regulations applying 

thereto; provided that the said Companies shall not be 

held responsible for failure to provide power owing to 

strikes or circumstances over which they have no control. 

Seventh: The sa.id Companies shall not, directly or indirectly, 

oppose the private Bills, of the intention to introduce 

which into Parliament the Syndicate has given 

due notice, provided the same shall not conflict with the 

rights, powers and privileges o£ the Companies other 

than those conferred by this agreement. 

Eighth: The Syndicate shall not he entitled without the. 

consent of the said Companies to make any working 

arrangements with any other tramway Company or other 

Company or person for the working of any tramway 

within the present area of the Cape Town and Sea Point 

Municipalities. 

Ninth: The said Companies shall have the right to be represented 

on the Board of Directors of the Syndicate, and 

of the Company proposed to be formed by the Syndicate 

to carry the proposed undertaking in effect, by one 

person, to be nominated by tbe said Companies jointly. 

Tenth: The Syndicate for the use of power, in terms of Section 

6 above authorised, and for the use of the rails and 

other plant of the said Companies in the exercise of 

running powers under or in consequence of this Agreement, 

liJhall pay to the said Companies the whole of the 

No. 34-1899. 


4198 CAMP'S IL\T 'l'ltAMW'" A YS ACT. 

No. 34-1899. 

fares for all passengers in the Syndicate's cars when 

entering on and for travelling over the Companies' lines 

at the Companies' current established rate of fare less the 

actual cost of working the Syndicate's cars whilst running· 

on the Companies' lines, such cost to be on the basis 

of the Companies' cost per car mile for runni11g their own 

cars, namely, for drivers and conductors' wages, cleaning, 

repairing and maintaining the car and its electrical and 

mechanical appliances; the issue of all tickets upon the 

Syndicate's cars on the Companies' lines shall he subject 

to the instructions and regulations of the Uompanies issued 

from time to time; the inspectors of the Companies 

shall have the right to enter the Syndicate's cars and 

inspect the conductors' \Yay-bills and tickt'ts or punches 

or other device employed for checking, a1Hl cuny out 

every other duty as if they were on tl1e Companies' cars. 

Eleventh: Unless otherwise specially agreed with the said 

Companies any car of the Syndicate run over the Companies' 

lines in the exercise of the running powers 

acquired by the Syndicate in accordance herewith shall 

run the entire distance from Camp's llay to the agreed 

loop lines in Cape Town, or vice versa, the Syndicate 

unless otherwise agreed shall forfeit the sum of ten 

shillings to the said Companies for each contravention 

of this clause. 

Twelfth : 'l_1he exercise of the running rights and the use 

of power under this .Agreem.ent sha.ll not impose any 

liability or responsibility upon the S:nHlicate to repair or 

maintain the lines of tramway over ·which such running 

rights are exercised, or any streets or roads on or along 

which such tramways are laid, or any plant, apparatus, 

or appliances of the said Companies, provided that the 

Syndicate's cars shall be so maintained as not to ca.use 

undue wear and tear on the Companies' plant. I£, in 

the opinion of the Companies, the cars of the R~'"ndicate 

are defective or cPnsP undue 'vear and tear on the 

Companie~'~' plant, the Companies shall havP the right 

to prevent a11y such defective cars from running on their 

lines till such defects are remedied to their satisfa.ction. 

Thirteenth : The Syndicate in working their cars over the 

lines of the said Companies shall not be responsible for 

any accident. or claim of any kind whatsoever which has 

been brought about or contributed to by any defect in 

the permanent way, points, crossings, overhead equipment, 

or any othPr plant, machinery, matter or thing 

which the sa.id Companies are liable to maintain, or 

which comes within the scope of their control or management, 

and further the Svndicate shall not he rendered 

liable under this Agreen~ent for any claim or claims 



which have or may be made by reason of any obligation 

imposed on the said Companies or into which they have 

entered or may hereafter enter: Provided that nothing 

herein contained shall render the said companies liable 

for damages in consequence of any accident, occurrence, 

or d\'fect wholly beyond the control of the said Companies. 

Fourteenth: Nothing herein contained shall render the Syndicate 

or its undertaking liable to share in or make good 

to the said Companies any penalties that shaH be 

incurred by the said Companies under the provision of 

any of the Acts controlling or affecting the said Companies, 

or any of them, whether with reference to 

penalties for not running and working the said lines of 

tramway or otherwise. 

Fifteenth: The said Companies expressly waive whatever 

rights they may possess which may he infringed hereby 

and consent to power being granted to the Syndicate to 

construct, lay down, equip, maintain and work the lines 

of tramway or any of them proposed to be constructed 

by the Syndicate and more particularly described in the 

Parliamentary notices published by the Syndicate. 

Sixteenth: This ..... \.greement shall be and remain of full force 

and effect during the full period or periods for which 

the said Companies have the right and power to maintain 

and work their tramways, and during any extended 

period or periods that they may respectively have or 

exercise such rights. 

Seventeenth: Tlie said Companies and each of them separately 

undertake and agree not to discontinue to work 

their tramways or to do anything which would prevent 

the carrying into effect of this Agreement according to 

its true intent and purpose. 

Eighteenth: In the event of any dispute occurring with 

reference to the interpretation of this Agreement or n ny 

part thereof, or any difficulty arising as to the carrying 

into effect of any clause hereof, such point or point-:~ 

shall be referred to arbitration, such arbitration, unless 

otherwise agreed, to be in accordance with the provisions 

of the ''Lands and Arbitration Clauses Act, 1882,~' 

and of the "Arbitration Act, 1898," unless express p: o~ 

vision for another form o£ arbitration or other settlement 

has been hereinbefore made, and in such ~atter 

case only if i.t .be or become impossible to carry out such 

express prov1s1on. 

Nineteenth: This Agreement shall be executed in triplicate, 

one copy to be delivered to each of the three contracting 

parties. 

Thus done and agreed at Cape Town, the sixteenth day of 

August·, 1899. 

No. M--1899. 



No. 34-1899. 

In witness whereof the Seals of the :Metropolitan Tramways 

Company, Limited, the City rrramway Company, Limited, and 

"rrhe :Mills Synd.icate, Limited," respectively, have been hereunto 

set in the presence of the subscribing witnesses according to Law. 

As witnesses: 

R. P. L. \V AHL. 

R. J. Enw ARDS. 

Affixed in 1ny presence, 

J. S. LE SUEUH, 

Vice-Chairman, 

16th August, 1899. 

MlLLB SYNDICATE, 

LlMlTBD. 

As witnesses : 

R. P. L. WAHL. 

R. ,J. EDWARDS. 

Affixed 1n my presence, 

August 18th, 1899. 

E. R. SYFRET, 

Chairman, 

As witnesses: 

R. P. L. WAHL. 

R .. J. EDWARDS. 

Affixed 111 my presence, 

August 18th, 1899. 

E. R. SYFRET, 

Chairman. 

SCHEDULE D. 

AG REE~1:ENT. 

This Agreement made on the Seventh day of September, One 

Thousand Eight Hundred and Ninety Nine, between 

TnE ·~r uNrciP ALITY oF GREEN POINT AND SEA POINT 

(hereinafter styled "The ~Iunicipality ") o£ the First Part, and 

TnE MILLS SYNDICATE LIMITED 

(hereinafter styled. "The Syndicate") o£ the Second Part. 

Whereas the Syndicate has o htained leave from the House of 

Assembly o£ the Colony o£ the Cape o£ Good Hope to introduce 

into Parliament a Private Bill to authorise the construction, 


CAMP's BAY TUAMWAYS ACT. 4201 

equipment, maintenance, and working of certain lines of Tramway 

from Camp's Bay to Cape 1 own, and from Camp's Bay to 

Sea Point and within the :Municipality of Cape Town, and within 

the ~Iunicipality of Green Point and Sea Point.· 

And whereas the :Municipality have required certain alterations 

in and additions to be made to the said Bill, and certain further 

provisions specially applicable to the :Municipality to be incorporated 

as a Schedule to the said Bill. 

And whereas it is expedient that such further provisions inasmuch 

as they affect the )Iunicipality only and not other local 

authorities should be dealt with by separate agreement which 

shall be binding upon the parties hereto and the Assignees of the 

Syndicate. 

And whereas the parties hereto have agreed as under now 

therefore these presents 'vi tness :- - 

FIRST.-The rrramway Company to be formed by the Syndicate 

to construct and ·work the proposed rrramways 

shall be entitled to lay down their tra1n-lines upon such 

part of the Kloof Road as is indicated behveen the letters 

A and B, upon the annexed Plan, notwithstanding 

that the same shall in part not be thirty feet in 

width, so soon as thev shall have widened such 

part o£ the said Kloof Road, so that it shall correspond 

in width with the measurements shown in 

figures in black ink on the said Plan, provided always 

that all other portions o£ the Kloof Road, within the 

:.Municipality, in so far as traversed by Tramway No. 7, 

shall be increased to not less than thirty feet in width, 

in accordance with the terms of the proposed Act. 

SECOND.-In like manner the said Tramway Company before 

constructing Tramway No. 8, shall pay to the ~Iunicipality 

the sum of Seven Hundred and Fifty Pounds (.;£750) 

Sterling, in lieu o£ widening the Road and setting back 

the footpath, kerbing, and channelling ttnd other work 

incidental thereto, £rom the spot near the hack of the 

property of C. H. van Zyl, Esq., up to which kerbing 

and channelling has already been made on the east side 

o£ the road clown to the junction of the said Kloof Road 

with the :Main Road: Provided always· that this obligation 

shall be in addition to and in no wav in substitution 

of the obligations to be imposed upon th~ said Company 

hy the provisions o£ the proposed Act including inter 

alia provisions as to the construction and maintenance 

of the works and payment o£ rental. 

THIRD.-The Tramway Company shall further at or before 

the expiration of a period of two years from the prom ulgation 

of the proposed Act notify the Council in writing 

whether or not it intends to construct Tramwav No. 8 

within the time allowed by the .Act, and in th"e event 

No. 34-1899. 


4202 CAMP's BAY TRAMWAYS ACT. 

Xo. 34-1809. 

of the Company not notifying the Council of its intell ... 

tion so to construct its rights under the Act in respect 

of Tramway No. 8 shall in the option of the Council 

cease at the expiration of such period of two years, and it 

shall be liable to pay to the Council the sum of One 

'flwusand Pounds (£1,000) Sterling as a penalty for 

non-completion, such sum of One 'rhousand Pounds 

(£1,000) shall not however be in addition to the penalty 

payable under the Act for non-completion o£ the 

Tramways within the prescribed period. 

FouRTH.-Before constructing Tramway :No. 9 the said 

Tramway Company shall widen that portion of Queen's 

Road which lies between the upper side of the Victoria 

Road and the lower side of Hegent Road to a width 

of forty-five :feet, and shall widen Regent Road so that 

from Queen's Road to the existing terminus of the 

Tramway Station the width shall average forty-five feet. 

FIFTH.-Should the .Municipality before the Company commence 

working Tramway No. 9a decide to widen that 

portion of Queen's Road which lies behveen Regent 

Road and Beach Road, beyond thirty feet, it shall be 

entitled to widen such road to a limit of thirty-five feet 

at the expense of the said 'rramway Company. 

SIXTH.-All land required for the purpose of widening any 

street or road in accordance with this Agreement shall 

be acquired by the :Municipality for the benefit of the 

Public at the cost of the Company. And the Company 

shall give to the .Municipality prior to its undertaking 

the necessary expropriation due security for aU costs, 

expenses and compensation to which the 1funicipality 

may be put in and about such widening and expropriation. 

SEVENTH.-The said 'framway Company and its Assigns 

shall be bound to water the surfaces of the roadways 

between its tramway tracks and for the space of three 

feet on either side of such tracksl at least once in the 

forenoon and once in the afternoon of each day (except 

in rainy weather), during the period from the month of 

September to the month of April (both months inclusive), 

and during any periods of dry weather in the winter 

season when watering may be necessitated owing to 

there having been no rain for at least five days. 

EIGHTH.-N otwithstanding the tariff of maximum tolls and 

rates of charge contained in Schedule "B " to the proposed 

Act the said Tramway Company shall issue Books 

of Transferable Tickets at not more than three halfpence 

per ticket. Any such ticket shall be available for 

any one stage upon a Car of the said Tramway Company 

upon its own li)1es within the present limits of the 


CA:\fP's J)AY TIL\.M"VAYS ACT. 4203 

:.Municipality. Such Transferable rl 1 ickets will be issued 

to residents within the :Municipality and must not be 

sold by the purchaser. The said Tramway Company may 

re:£use to supply any perso:n known to sell these tickets. 

NINTH.-Any breach or continuing breach by the Tramway 

Company o:£ the terms o:£ Clauses 7 and 8 o£ this Agreentent 

shall render the Company liable to pay to the 

:Municipality any sum or sums which under the Act 

would be liable to pay :£or neglect to perform duties in 

resp-ect o:£ the breach or which penalties are exacted by 

the Act. 

TENTH.-N othing whatever contained in this Agreem.ent 

shall be taken in any way to be in substitution or any, 

obligations imposed by the Act upon the Company but 

shall be in addition thereto. 

ELEVENTH.~The alterations and additions to the wordil)_g or 

various sections or the Act as agreed between the parties 

shall duly be made in the proposed Bill during the 

Committee Stage thereof. 

TwELFTH.-rrhis Agreement shall be annexed to the said 

Bill as a Schedule thereto, and words shall be introduced 

to the Bill giving Parliamentary sanction thereto. 

No. ~4-189\l. 

fhe Seal o£ the :Municipality 

o:f Green Point and Sea Point 

was affixed hereto, this 

Seventh day or September, 1899, 

in the presence or 

D . • T. WUNDER, 

Mayor. 

H. HE.RRING, 

Municipal Clerk. 

The Seal· o:f the 

Mills Syndicate, Limited, 

was affixed hereto, this 

Seventh day or September, 1899, 

in the presence o:f 

C. C. SILBERBAUER, } l). 

CHAS. :MARAIS, uectors. 

GEORGE KAY, Secretary. 

l\hTNICIPAf.ITY 01' 

Gnr.:EN PorN~· 

AND SEA POIN1', 


4204 

~ o. 35-1899.] r /[October 20, 1899. 

Power to raise 

Loan of £200,000 for 

improvements of 

Table Bay. ~ 

Loan for l\Iossel 

Bay Harbour. 

Application of 

moneys by Harbour 

Boards. 

Capital and Interest 

charge upon 

revenues. 

Paymenttol\Iembers 

of Mossel Bay 

Harbour Board. 

Short Title. 

r:ro authorise the Haising of a Public Loan of Two Hu11arliament as set forth in the 

Schedule to the Table Bay Harbour Loan Act No. 33 of 1898. 

2. It sh:11l further be lawful for the Governor to raise by Public 

Loan a sum not exceeding Ten Thousand Pounds Sterling, for 

the purpose of prosecuting .and improving the Harbour vVorks o£ 

:Hossel Bay. . 

3. rrhe application of the nwneys to he raised as aforesaid for 

the above purposes shall be entrusted to the Harbour Boards of 

Table Bay and ~Iossel Bay respectively, and the said Harbour 

Boards shall in respect o£ such application have and exercise all 

the powers conferred upon. such Board by any law. 

4. The capital and interest of the Loans raised, under the 

authority of this Act, for the purpose of prosecuting and improving 

the Harbour Works of Table Bay and Mossel Bay. shall, in 

the first instance, be chargeable upon the revenues of the said 

Boards, and the said Boards shall, out of such revenues, indemnify 

the Governor for all moneys paid out of general revenue to 

the Colony on account of the capital. 

5. Every member of the ~Iossel Bay Harbour Board shall be 

entitled to receiv:e the sum of Twenty Shillings :for each attendance 

at the meeting of the Board, provided that no member shall 

~·eceive more than Twenty-five Prmnds thereby in any one year 

In respect of such attendance. 

6. This Act may be cited as the "Harbour I..~oans Act, 1899." 


l'UBLIC WORKS LOAN ACT. 4205 

36-1899.] [October 20, 1899. 

AC'l, 

'l 1 o Provide for the Raising of a Loan for the Construction of certanl 

Public Works, Railway Works and other Services. 

BE it enacted by the Governor of the Cape of Q-ood Hope, by 

and with the consent of the Legislative Council and the House of 

Assembly thereof, as follows:- 

1. 1!-,or the purpose of constructing the works set forth in the 

Schedules A, 13 and C to this Act, it shall be lawful for the Governor 

to raise by loan the sum of £!398,700 (Three hundred and 

ninety-eight thousand seven hundred pounds sterling) from time 

to time as he may deem expedient, either by debentures or stock, 

or partly be debentures and partly by stock. 

2. It shall further he lawful for the Governor to raise in the 

manner specified in the preceding section hereof the sum of 

£50,000 (Fifty Thousand Pounds sterling), to be applied to the 

purpose of the Irrigation Acts Nos. 8 of 1877, 28 of 1879, 7 of 

1880, and 24 of 1897; and a fur~her sum of £5,000 (Five Thousand 

Pounds sterling) for the purpose of establishing a working 

capital for the Cape .Mounted Riflemen Equipment Fund. 

3. For the (1) purpose of meeting expenses connected with the 

raising of certain Loans for rail"·ay construction and other services 

authorised under the provisions of Acts No. 28 of 1895, 37 

of 1898 and 10 of 1892, it shalL be lawful for the Governor to 

raise in the manner set forth in~ the section one to this Act the 

sum of £114,100 (One Hundred ~nd Fourteen 'l 1 housand and One 

Hundred Pounds sterling). 

4. This Act may be cited for all purposes as the "Public Works 

Loan Act, 1899." · 

Loan £398,700 for 

certain public· 

works. 

For irrigation 

purpo~s (£50,000), 

C'.M.R. Equipment 

Fund (5,000). 

Forexr,enses connect,ed 

wUh raising 

certain Loans 

(£114,100 ). 

~hort Title. 

SCHEDULE A. 

RAIL,YAYS 

Additional Rolling Stock .............. . 

Cape rrown Station Extension . . . . . . . . . . . . . . . . .. 

Locomotive \V orkshops, Stea,m Sheds, pits, &c. 

Water Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . 

Additional Station Accmnmodation ............ · .. . 

Additional Siding Accommodation and Crossing Loops 

Additional Accommodation for Railway Emloyes ... 

Stores, Warehouses, ~faintenanc~ Shops and Offices 

Overhead Bridges .. . .. . . .. .. ... ; .. . .. . .. . .. . .. . .. . .. . 

Signals ........................ ;· .. · · · · ·· · ·· · · ·· · ·· ·· · 

Additions and Alterations to CulYerts, Waterways, &c. 

Doubling Line, Cape Town-Salt. River, to compete ... 

Carry forward .. . .. . .. . .. . .. . 

1 

See Act 9, 1900, § -! (p. 4275). 

£53,750 

14,000 

22,650 

32,900 

25,800 

3,300 

20,900 

11,300 

600 

1,000 

2,250 

4,500 

£192,950 


No. 36-1899. 

4206 PUBLIC WORKS LOAN ACT. 

Brought :forward... . . . . . . . .. 

Bridge over Harbour Line, East London . . . . .. 

Hydraulic Cranes, Buffalo Harbour ........... . 

Fenci11g .................... · .. · .. · · .... · .. · .. · 

LandinO' Stage :for 1£xplosives, Port Blir-abeth .. . 

Queenstown-Tarkastad Line, additional length .. . 

Supervision of Subsidised Lines .............. . 

SCHEDULE B. 

PU:BLIC wORKS. 

Hartz River Irrigation Scheme . . . . . . . .. 

Cookhouse Bridge .. . .. . . .. .. . .. . .. . .. . 

Port Eilzabeth Post Office •.................... 

Port St. John's Harbour Improvements ........ . 

Store Suspense, Chief Inspector of Public Works .. . 

Kenhardt Dam, additional ....................... . 

£192,950 

1,900 

6,000 

20,000 

5,400 

6,750 

30,000 

£263,000 

£27,400 

8,500 

30,400 

9,000 

;),000 

20,000 

(1) SCHEDULE C. 

PosT AXD TELEGRAPHS. 

Erection and Equipment o:f Lines o:f 'felegraph: 

Klipdam to Boetsap .. . .. . .. . .. . .. . ... £1,720 

Riversdale to Herbertsdale .. . .. . .. . .. . 980 

Bethesda Road to New Bethesda... ... ... 882 

East London to ~Iacleantown. ... .. . .. . 790 

Somerset East to Zwagers Hoek... .. . ... 1,050 

Clarkebury to Emjanyana... ... ... ... ... 500 

Caledon to Genadendal via Greytown . .. 890 

Fraser burg to Williston, to ·complete ... 1,730 

:Niareking to Transvaal Border, to complete 

... ... ... .. . ... ... ... ... ... 103 

Addition "\\Tires on existing Lines: 

Alicedale to Grahamstown . . . . . . . .. 

Dordrech t to Ind we. .. .. . .. . . .. .. . .. . 

King William's Town to U:intata 

Swellenda1n to George... . .. ,. . . . . . . .. 

330 

290 

1,535 

1,400 

Erection and Equipment or Private Wires ...... 

Duplication o:f Private Wires: 

At Port Elizabeth ......... i .. ..... . 5,200 

At East London ......... 

2,000 

£8,645 

3,555 

18,000 

£98,300 

7,200 

---£37,400 

1 

See Act 43, Hl05 (p. 49fi7). 


No. 

/:~~; 

~,_,i-1899~.] ~· ~INA £.0f c;; 10 ~ ~· 

4207 

,_, : [October 20, 1899. 

AC'l, 

'fo Amend the Appropriation of': certain Surplus Revenues: to 

provide for additional power~ in respect to the raising of 

'femporary Loans: and to transfer to the Revenue a portion 

of the Grant made under Section 38 of " The Diamond Trade 

Act, 1882." 

' 

BE it enacted by the Governor of the Cape of Good Hope, by 

and with the advice and consent of the Legislative Council and 

House of Assembly thereof, as follows :- 

1. The provisio to Section No. 1 of the "Temporary Loan Act 

No. 39, 1898," shall be and is hereby repealed. 'rhe sum of 

£600,000 authorised by that Act to be raised by way of 'femporary 

Loan shall be a first charge, against any accrued surplus of 

the annual Revenue of the Colony in every year over the Expendihue 

of the said year, until the whole is (1) discharged. 

2. Notwithstanding anything contained in Section No. 2 of 

" The Temporary Loans Act No~. 13 of 1897 ," and in Sections 

No. 1 and No. 2 o£ '' '1 1 he Public Works Loans Act No. 20 of 

1897," and in addition to the powers conferred on the GoYernor 

by Section No. 3 o£ Act No. 13 o£ 1897, it shall be lawful for the 

Governor to raise by Colonial or Consolidated Stock, to he issued 

in this Colony or in England, under the provisions of "The Cape 

o£ Good Hope General Loans Act, 1881," as ame-nded by "The 

Cape of Good Hope General Loa;ns Act, 188a, 1888, and 1892," 

any of the sums mentioned in the:~Schedules to the said "Temporary 

Loans Act, 1897," and in the Schedules A and B to the said 

"Public Works Loans Act, 1891~" 

3. Section No. 3 of "The '1 1 e!p.porary Loan Act 39 of 1898," 

is here by repealed. The unexercised borrowing powers amounting 

to £57,280 (fifty-seven thousand two hundred and eighty 

pounds) under the Loan Acts as'·set forth in the Schedule hereunto 

annexed, are hereby canc~lled, and the borrowing powers 

under Act 22 of 1880 are hereby increas·ed by 7s. 11d. (seven 

shillings and eleven pence), that is to say by the amount borrowed, 

in excess of the amount authorised bv the said Act, and 

the amounts already advanced out o£ the Public Revenue to meet 

expenditure covered by such powers shall become finally chargeable 

to the Public Revenue. 

4. Section No. 2 of the " Irrigation Works Act No. 33 of 1896,'~ 

in so far as it relates to the sum authorised to be set aside out of 

the accrued Revenue of the Financial Year ending 30th June, 

1896~ in respect of the work set forth in Schedule C to the said 

Act, No. 33 of 1896, shall he, and is hereby repealed. 

5. Notwithstanding anything t.o the contrary contained in the 

" Diamond Trade Act No. 48 of 1882," the sum of £20,000 

1 

But see§ 5, Ad G, 1!)02 (p. 43GO). 

'l'emporary Loan 

under Act 39, UlD8,. 

fir~>t charge against 

surplus revenue. 

Additional borrowing 

powers in 

respect of tern-· 

porary loans. 

Abandonment of 

certain borrowing 

powers, &c. 

Irrigation Works' 

Loans, Act 33 of 

1896, amended. 

Balance of £20,000• 

to credit of Board 

for protection of' 

mining interest 

paid to revenue. 


4208 BECHUANALAND LAW AMENDMENT ACT. 

xo. 38-1899. (twenty thousand pounds), forming portion of the amount paid 

over to the Board for the protection o£ mining interests under 

Sections No. 37 and 38 of the said Act No. 48 of 1882, mentioned 

in the Controller and Auditor-General's Report on the 

Appropriation Accounts for 1897-1898, pages xxi and cxlii-cxliii 

shall be deemed and taken to belong to the Revenue o£ the Colony 

and shall be paid over by the said Board to the Treasurer. 

Short Title. 6. This Act may be cited rot all purposes as " The Finance 

Act.~ 1899." 

Schedule. 

SCHEDULE. 

£57,100 authorised to be raised under Act 15 of 1872. 

58 , , , 2G of 1878. 

37 , , , 21 of 1880. 



* ~ ~c.(_ Q/J I ~ 0. 38-1899. J 

-~ t?ad.u~ . 

~ 

ACT 

[October 20, 1899. 

-~~ , ~~ To Amend the Law in force in British Bechuanaland·. 

Q. .£" 1 a t ~~ f". . . b 

· "' BE 1t enacted hy the Gov~rnor of the Cape of Good Hope, y 

~t!J:;-. it>:l- and with the advice and consent of the Legislative Council and 

the House o£ Assemblv thereof, as follows:- 

Repealing clause. 1. rrhe· Proclamatioils mentioned in the Schedule hereto annexed, 

to the extent therein set forth, shall be and the same are 

here by repea.led. 

Deeds Registry 2. From and after the taking effect of this Act, the provisions 

Act.l89l,applicable o£ the "Deeds Registry Act, 1891," sa.Ye and except section 

to Vryburg. fi.E 

.deen t 

h 

ereof, shall apply to the 

b 

De~ds Registry at Vry urg, 

and thereupon the terms "Registrar" ~nd "Registrar of Deeds" 

in the said Act shall include the Registrar o£ Deeds at Vryb\ug, 

and the term ":Master of the Supreme Court" shall include the 

:Master o£ the High Court af Kimberley. 

Short Title. 3. This Act may be cited as ''The Bechuanaland Law Am~ndment 

Act, 1899," and shall come into effect at such time as the 

Governor shall by proclamation in the Gazette declare. 


• • 

1 

So 

DECHUANA.LAND L-\.W .AMENDMENT ACT. 

4209 

SCHEDULE. 

No. 38-189\). 

BRITI.SH BECHUANALAND PROCLAMATIONS REPEALED. 

No. of 

Proclamation. 

Subject Matter of 

Proclamation. -~ 

Extent of Repeal. 

2 B.B., 1885 ... Laws and Regulation~·· .. . So much as has not heretofore 

bet>n repealed, with 

the exception of Se tions 

8, 9, 10, 11, 20 (from the 

word " except " to the 

word "defendant"), 31, 

32, 33, 41, 42, 44, 48 

and 50 of Schedule. 

7 

8 

10 

14 

20 

23 

25 

26 

29 

30 

32 

38 

.39 

40 

45 

46 

52 

59 

·60 

68 

69 

70 

" 

" 

" 

" 

" 

" 

" 

" 

" 

" 

" 

" 

" 

" 

" 

1886 ... 

" ,, 

" 

" 

" 

" 1H89 ... 

" 

Resident Magistra tE.s' Courts 

(Fees) ... ... : 

Cattle Removal Act, 1870 ... 

Repealing Proclamation 5 

B.B. - 

Police Offences Act, 1882 ... 

Divisional Council, Vryburg 

Resident Magistrates' 

Courts ... 

Village Management Board, 

Vryburg and Mafeking 

Stamp Duties and Fees • 

The whole. 

'fhe whole. 

Tlle whole. 

The whole. 

The whole. 

The whole. 

So much as has not already 

been amended or repealed 

. 

much as has not already 

been amended or repealed. 

1 tl87 ... Divisional Council, Mafeking 

The whole. 

Divisional Council, Taungs So much as has not already 

" 

been repealed. 

,., Hut Tax Collection So much as has not already 


Cattle Removal Certificates 

to Natives 

The whole. 

Resident Magistrates' So much as has not already 

" Courts, Districts ~ 


Market, Mafeking .. -: The whole. 

Police Offences, Kurriman The whole. 

Cattle Removal, Kurpman , The whole. 

Quitrent~; Payment ~f ... 

Warlike Articles, Brevention 

of Bxportati~m 

Resident Magistrates' 

Courts, Districts _ 

Perjury, Summary 1 Punishment 

of ... 

Gordonia, .A.dministr~tion of 

The whole. 

The whole. 

The whole. 

Native LQcations, Bo~rds of 

Management · • The whole. 

The whole. 

The whole except Section 

12. 


" I tion 

4210 BECHUANALAXD LAW AMENDMENT ACT. 

No. 38-1899. 

SCHEDULE-continued. 

BRITISH BECHUANALAND PROCLAMATIONS REPEALED. 


Proclama tio o. 


Proclamation. 


---------,l----------------·-·----~-~-- 

1 

76 B. B., 1H!JO ... , Grazing Licences, Crown 

Lands ... ... The whole. 

8~ ... : Transfer Duty, Consolida- 

Acts Amended • The whole. 

84 , ... ; Agents for Foreign Firms, 

Reduction of Licence... The whole. 

86 ,, Repealing . P r 6 c l a m at i o n 

1 

" 

No. 41 ... . ... ... 1 The whole. 

88 " 

Ass·urance G_:ompaniel'l, 

95 

100 

" 

101 

" 

11~ " 

116 

" 

118 " 

119 

" 

120 ,, 

123 

133 " 

141 ,. 

142 " 

149 

" 

150 

" 

" 

1891 

" 

" 

" 

" 

" 

" 

" 

Licences 

... · The whole. 

Public Roads 'Width Act., . 

1884, applied to Vryburg ~ The whole. 

Village Management Board, • 

Vryburg, mcrea.se of ... I The whole. 

Market, Mafeh:ing, Addi- I 

tional Regulations ... 1 The whole. 

Customs Union, Entry of 

Basutoland 

The whole. 

Amending Proclamation 

No. 76 ... · The whole. 

Conferring i Powers on the 

V.M. BJard., Vryburg ... : The whole. 

Water Vendor$, Vryburg, ~ 

Regulations 

Extending the." B.B. Laws 

to New Ten~itory 

CeJtain Territory to be in 

Gordonia District 

129 , 1H\J~ ... Grazing Licence~ ... 

131 , , Village Management Boards 

to make Bye-laws for 

Natives ... 

132 " 

Mafeking Village Management 

Board to make 

Bye-laws for Water 

Vendors ... 

Guardian Fund, Reduction 

The whole. 

The whole. 

The whole. 

The whole. 

The whole. 

The whole. 

of Interest 

The whole. 

Stock and Produce Theft, I 

Amendme11t of Law 

relating to 

The whole. 

Game Law, Amendment ... The whole. 

Witness' Compulsory Atten- . 

dance, Orange Free i 

State ... ... ... I The whole. 

Deferred Pay and 'l'rlal for 

1 

Offences of B.B. Police 1 The whole. 


.BECHUANALAND LAW AMENDMENT ACT. 

4211 


No. 38-1899. 3 

BRITISH BEcHUANA.LAND PRo¢LAMATIONS REPEALED. 

No. of I Subject Matter of ~ 

Proclamation. Pro~Jamation. i 

154 B.B., 1892 ... 1 Mafeking Village Ma~gement 

Board, increa$e of 

157 , , 

Members ... ~ The whole. 

Foot and Mouth Disea~ Tlw whole. 

1 

l 58 , , 

159 , i~ 

161 , , Extradition with O.F. :State The whole. 

Leprosy ~ 

Deeds Registry Office 

The whole. 

The whole. 

166 ,, , Verbal Corrections in; certain 

167 

" 

Proclamation!'f"i The whole. 

Duplicate and Or}ginal 

" Registers of Marxiages 

celebrated in the\;: Protectorate 

171 ... i The whole. 

1893... Granting FinEs under :,Police 

" 

Offences Act to

I 

! .:. 

4212 APPROPRIATION ACT. 

No. 39-1899. 


BRITISH BECIIUANALAND PROCLA~iATIONS 

REPEALED. 


Proclamation. 

I 


Proclamation. 

I 


207 B.B., 1895 ... / Amending Village Manage- 

! ment Act, 1881, and 

' Liquor qcensing Act, 

1883 

The whole. 

208 

Agents for Foreign Firms, 

" " Transfer Of Licenc·3 ... The whole . 

~11 

Sale of Poisons 

The whole. 

21H 

" Regulating '!-,Vearing of 

" 

Naval arid Military· 

Uniforms ;... 

The whole. 

i17 

Establishment:of Periodical 

" " Court, Morokwen The whole. 

219 ,, 

Appointment : of Special 

" J.P., Morokwen The whole. 

221 

Bank Note Du;ty ... The whole. 

22G 


" " No. 1oi5 

Section 4. 

2i9 

Postponement: of Taking 

" " 

~ffect of ~ab Act, 18U4 The whole. 

234 


" No. 226 , The whole. 

~·· 

235 

Confirming Arrangement 

" " between ~ecretary of 

State and !London and 

Pretoria Fi'nancial Co. The whole. 

[Spent.] 

_ACT 

[October 20, 1899. 

o£ Money £or the Service o£ the Year ending 

the 30th June, 1900. 


WATER ACT. 4213 

No. 40-1899.] [October 20, 1899. 

ACT 

To Provide :for the regulation o:f Water Rights and the Settlement 

of Water Disputes, and to Am.end in certain respects 

Act No. 8, 1877. 

BE it enacted by the Governor o:f the Cape of Good Hope, with 

the advice and consent o:f the Legislative Council and House of 

Assembly thereof, as fo1lows :- 

1. Froni.and after the taking effect o:f this Act, it shall be lawful 

for the Governor in any area o:f ·the Colony to appoint a 

Court hereinafter called a Water Court for the purpose o:f hearing 

and determining disputes in connections with the use and 

appropriation of water and :for such other purposes as may be 

assigned to such Court by this Act or hy regulations :framed hereunder, 

and such area shall be styled a Water District. 

2. The Governor may prescrihe, and from time to time alter 

or amend, the boundaries o:f every Water District : provided that 

unless there shall be good cause to the contrary such boundaries 

shall coincide with the boundaries of some magisterial district. 

Water Court 

established. 

Water Districts 

boundaries. 

Eh. 


Xo. 40-1899. 

Compositi on o f 

Court. 

General Regula· 

tions under Act. 

4214 WATER ACT. 

3. Bach Court shall consist of a Resident :Magistrate having 

jurisdiction over the whole or some portion of the Water District 

of such Court, who shall sit with two landowenrs selected from 

a list of Water Court Assessors not less than ten or more than 

twenty-five in number appointed for any Water District by the 

Governor, after consultation with every Divisional Council having 

jurisdiction over any part of such district, each of whom shall 

own and occupy land and shall cultivate, or shall have cultivated 

his own land in such Water District, and shall possess the qualifications 

necessary for a Divisional Councillor, shall not be· less 

than thirty years of age, and shall hold office duirng the pleasure 

of the Governor, who may fill vacancies occuring in the s


(a) They have been approved by a majority of the Judges or 

the Court of Appeal-such approval to be notified to the 

Governor by the Chief Justice : or 

(b) They have been approved by resolutions passed by both 

Houses of Parliament. 

5. The gene·ral duties of a Water Court shall be: 

(1) rro investigate, define and record on the application, in 

accordance with this Act and of any regulations thereunder, 

of any person interested, the rights o:f diversion, 

use, taking or appropriation of water within the water 

district as defined in any agreement or understanding, 

whether written or unwritten, or arising by virtue of 

riparian proprietorship on any perennial public stream. 

(2) To report to the Minister or any superior Court of Justice 

when required so to do on the misuse or waste o£ any 

water appropriated for the purpose of irrigation from 

any public stream or river. 

(3) In the event of any dispute arising out of any matter 

concerning the diversion, use, taking or appropriation of 

water from any perennial public stream or river, to investigate 

such dispute on the spot, on the application of 

any party thereto, and to decide on the matter at issue 

in accordance with this Act and regulations thereunder. 

G. Any person entitled to divert water from any perennial 

public stream or river in case the place of diversion shall not be 

prescribed by any servitude, registered or prescriptive, or by any 

agreement or understanding, written or unwritten, may make 

application to the Water Court in manner provided hy regulations 

for a right of abutment at a suitable place on the land of 

any other owner or owners of a weir or dam necessary for the useful 

diversion or to improve the mode of diversion of the water 

to which he is entitled, and the owner or owners of the land 

affected by such abutment or by the existence of such weir or 

dam shall have due notice of such application. 

7. The Water Court shall make full enquiry into such application, 

and may eitrer refuse such application or may, without 

prejudice to the right of any other person entitled to any of the 

vmter of the said stream or river, make such order as shall appear 

to be fair and reasonable if it shall grant such application: 

provided always that any person affected by and dissatisfied with 

such order may, within three months from the date of such order, 

make application on motion to the Supreme Court to have such 

order set aside or varied, whereupon the Supreme Court may 

make such final order as shall appear to it to be fair and reasonable. 

Provided that for the purposes of this Act the term 

" Rupreme Court" shall include the Eastern Districts Court and 

the High Court within their respective jurisdictions, and that an 

appeal shall-lie from any decision of the Eastern Districts Court 

EE 2 

No. 4()-1899. 

Duties of a Water 

Court. 

Application for 

right of abutment 

or diversion of 

water. 

Proceeding :o o f 

Court on >::uch application. 


~0. 40-1899. 

- Special order of 

Court authorising 

right of abutment. 

Registration of 

'luch order against 

title deeds. 

Court may exercise 

functions of 

arbitrator:; under 

Act 26 of 1882. 

4216 WATER .ACT. 

or High Court to the Supreme Court in like manner as an appeal 

may be had and prosecuted in any civil case. 

8. In the event of any right of abutment being authorised, the 

Water Court, or Supreme Court, as the case may be, shall in 

framing its order prescribe 

(1) The materials and nature of the dam, weir or obstruction 

authorised. 

(2) The provision, by means of sluice gates or otherwise, :for 

giving to other proprietors on the same river or stream 

such portion o£ the flow, whether measured by time or 

quantity, as they may be justly entitled to. 

(3) The quantity of water, whether measured by time or by 

quantity, which each person entitled shall receive from 

such weir or dam. 

( 4) The liability, whether joint or several, of the persons interested 

in respect of the cost of construction or maintenance 

of the weir, da.m, or obstruction. 

(5) The compensation, if any, to be paid by the applicant for 

such right of abutment ; and 

(6) Such further special directions as the Court n1.ay deem 

fair and reasonable. 

9. The order of the Water Court, if not set aside or varied as 

aforesaid, or the order of the Supreme· Court, as the case m.ay be, 

shall be registered against the title deeds of the lands concerned 

atthe cost of the applicant for such registration, unless the Water 

Court or the Supereme Court, as the case may be, shall otherwise 

direct the payment of such costs. 

10. A "\Vater Court in connection with the discharge of its 

duties under this Act, and any Superior Court in any suit or 

action in which similar issues are raised, may at the instance of 

any party exercise the functions committed by Act No. 26 of 1882 

to arbitrators, and may as between two or more riparian proprietors 

on any perennial public stream or river, who are parties to 

any matter brought before it, fix and determine the point or 

place of diversion of water from such stream or river on the land 

o£any of them, at which each or any of the· said proprietors shall, 

for all legal p1uposes, be deemed to have a legal right to take the 

water assigned to him, and at such point oi· place o! diversion 

such proprietor shall be entitled to take such share of water as 

he shall be entitled to at that point or place by agreement or as 

shall be there assigned to him by such Court as his fair and reasonable 

proportion, having regard to an the circumstances of the 

case. X otice in accordance with regulations shall be given to 

all intervening riparian proprietors entitled to any of the water 

of the said stream or river between the land of the applicant and 

the land of the _person upon which the point or place of diversion 

is proposed to be situated of any application under this Section,_ 

and the said proprietors shall be entitled to appear and be heard 



at the Wa,ter Court upon the said application and who shall upon 

such notice being given be deemed to be parties to such· application: 

provided that any party dissatisfied with the order of any 

Water Court under this section 1nay, in manner provided by section 

seven of this Act, make application on n1.otion to the· Supreme 

Court, and the provisions of section nine shall apply. 

11. In the disch~rge of the duties assigned to it by this Act, 

and in any case where the flow o£ any perennial public stream 

has not been distributed or appointed either under any agree- 

. ment, whether such agreement be verbal or in writing, or by any 

other legal mode, it shall be lawful for the Water Court, upon 

application, in writing, of one or more of the owners of land adjacent 

to the said stream, to investigate all the circumstances ·and 

to make a :fair and reasonable apportionment or distribution o£ 

the waters :for irrigation or other purposes. 

1.2. Due notice shall be given of such application, and a day 

shall be fixed therein for hearing on the spot any evidence or 

objections in respect thereto. 

13. Such distribution shall be, as far as possible, by time, and 

shall in addition to other relevant circumstances take cognizance 

o:f the irrigable and irrigated land belonging to each owner, and 

of the entire water supply naturally

No. 40-1899. 

Water Court may 

state question of 

law for opinion of 

Supreme Court. 

Application of 

law so laid down to 

be followed. 

Refer e n c e o f 

pending actions to 

Water Courts. 

Procedure thereupon. 

Supreme Cou r t 

may require 

further eviden c e 

by Water Court. 

4218 WATER ACT. 

and hearing o£ the said dispute on the spot, and shall decide and 

make its order thereon. 

17. I£ any Water Court in the discharge of its duty under this 

Act shall find that any question o£ law arises upon which it considers 

that the decision o£ the Supreme Court is necessary, it shall 

be lawful £or such Water Court, after hearing the parties to the 

dispute or matter in the course o£ which such question of law 

arises, to state such question in a case in writing :for the opinion 

o£ the Supreme Court, and shall :forward the same to the Registrar 

o£ the Supreme Court, and the question in the case so stated 

may ne answered by the Supreme Court or any judge thereof to 

whom the Supreme Court shall re£er such case, and with ot 

without argument on behalf o£ the parties, as the Supreme Court 

shall determine; provided that the Supreme Court or such judge 

may require such Water Court to send :further particulars in 

writing before answering such question, provided that the jurisdiction 

by this section conferred shall, notwithstanding the provisions 

o£ section seven o£ this Act, be exercised by the Supreme 

Court only. 

18. The Registrar shall convey to the vV ater Court concerned 

t.he answer of the Supreme Court or such judge, and the Water 

Court shall adopt and apply the law as so laid down £or its 

guidance in making its order in such dispute or matter as aforesaid. 

19. When any action '"'ith regard to water rights is pending 

in the Supreme Court, or any Circuit Court, it shall be lawful for 

such Court, in the exercise o£ the powers by any law conferred 

upon it for the reference o£ n1atters in issue in such Court to 

arT1itration or a referee, or on application of either party to the 

said action, after the close of the pleadings therein, to refer all or 

any of the issues o£ £act raised on the said pleadings to a Water 

Court having jurisdiction : provided that the issue or issues o£ 

fact to be determined by such Water Court shall be stated in 

"\Yriting by the Regi.strar ·of the Court referring such issues. 

20. The said Water Court shall thereupon make inquiry upon 

the spot or otherwise, and shall hear such evidence as may be 

tendered or as it shall think necessary to take, and shall then 

determine the said issue or issues o£ fact and shall report to the 

Court in which the action is pending its finding thereon, and such 

finding shall be conclusive of the issue or issues so referred, and 

shall be· binding on both parties to the said action, and the costs 

of such reference shall be in the discretion o£ the Court referring 

such issue or issues, after considering the recommendation of the 

'Vater Court regarding such costs. 

21. Whenever in this Act provision is made for application 

by motion to the Supreme Court by any person interested in any 

order or decision of a Water Court it shall be lawful for the 

Supreme Court before making a 'final order upon such application 


WATER ACT, 4219 

to direct either that further evidence be taken by the Water 

Court or that further evidence be led before the said Supreme 

Court upon the points at issue in such manner and to such extent 

:as may seem to it best calculated to do justice with as little cost 

:as possible between the parties. 

22. Notwithstanding the provisions contained in the second 

proviso to the fifty-sixth section of Act X o. 8 of 1877, it shall be 

lawful for the Governor to make an advance by way of loan to any 

Irrigation Board constituted under the said Act to the extent of 

two-thirds of the value of security on which the advance is made. 

23. All rates levied by any Irrigation Board under the powers 

conferred by Act 8 of 1877, or any Act amending the same, shall 

be a charge on the land in respect of which such rates are levied, 

and, in the event of any change of ownership, any rates that 

1nay be due m· unpaid shall be a debt due by the incoming owner 

of such land to be recoverable in any competent court. 

24. Anything in section sixty-six of Act No. 8 of 1877, and of 

any other law to the contrary notwithstanding, it shall be lawful 

for the Governor to make advances by way of loan to an owner 

whose land is already mortgaged for the purposes and on the 

terms a.nd conditions as regards repayment set forth in Act No. 

8 of 1877 and the several Acts amending the same : provided that 

in making any such loan or advanee .the following conditions 

shall apply in addition to those already prescribed by any law:- 

(1) The application for the said loan must be accompanied 

by sworn appraisements by two competent appraisers 

showing the value of the land together with improvements 

thereon apart from the work in contemplation or 

progress, and also separately the improved value of the 

]and if such work be completed. 

(2) No such loan shall ne granted for a sum which together 

with any previous mortgage or encumbrance shall exceed 

three-fourths of the value of the land apart from 

such work such value to be determined in case of difference 

by the average of the two appraisements. 

(;)) No such loan shall be granted unless the application 

shall be favourably reported upon by the \Vater Court 

having jurisdiction. 

( 4) The rent charge in respect of such loan if there shall be 

no pre-existing mortgage shall rank as preferent, and i£ 

the land in respect of which such loan is granted be 

already mortgaged, then and in that case the rent 

charge in respect of such loan shall rank next after such 

previous mortgage. 

25. This .Act may be cited for all purposes as the "Water .Act, 

1899." 

No. 40-1899. 

Advances to Irrigation 

Boards. 

Rates levied by 

Irrigation Board 

charge on land. 

Loans to owners 

of land, conditions 

of. 

Short Title. 


. 1~ ~o0· · -~ ~ 

scV 1rtc ,.(~f r ~- l, 

~~·'' ·'' / 'o-P 

1f-- ,1 \-0 t' // 

~J, l ~ I;;. I. ~ AMO 'XICIP.\I, {'fEXll>IENT ACT. 

~j ~ '' 1"\.- 0"'. '' '' , d rro Amend the :MfuniCipal Act, 1882. 

t~~~.ted b:tJ'he Govelnor of ~h~ Cape of Good Hope~ 

F B itt' 

'vith the a v ce~~~nsent of thf Jieg-islative Council and House 

of Assemb th f, as fol~sj_~ , : 

Interprefation 1. In this A!: ":Niunici ity ·' shall include "Borough" or 

Clause. "Corpor t(o} Tmvn," a.?t"_q u1eil" shall' mE'an the Council or 

m' oners o£ a.n~l~ 1nicipality. 

'0 ~treet" shalt m an any street o].f road which has been 

i1 istence for at least fifteen years before the date of the 

omulgation of this Act, and the maintel\tance of which has not 

een assumed by the Council or by any Jli visional Council. 

" Existing street" shall mean any street or road which has 

been in existence for less than fifteen year$ before the date of the 

promulgation of this Act, and the mainte4ance of which has not 

been assumed as aforesaid. } 

" New street " shall mean any street o~ road hereafter shown 

on any plan of subdivision submitted to ~and duly approved by 

the Council, and any street or road hereafter laid out and sanctioned 

in any other manner by the CoullCil. The above shall 

inch1de any part of an old existing or new~street, as the case may 

be. ~ 

" :Minister" means the ~Iinister to whojn the Governor may 

:from time to time assign the working of t~is Act. 

" Owner " means and includes ~ 

(a) The person or persons in whom IJ'Om time to time shall 

be vested the legal title to any i111P10vable property. 

(b) In any case where the property hits been leased for fifty 

years or upwards, the lessee of SltPh property. 

(c) In cases where the person in whom the legal title is 

vested is insolvent or dead, th~ person in whom the 

administration of such property; is vested as trustee, 

executor, administrator or otherwise. 

(d) In cases where the owner as above described is absent 

from the Colony, the agent or petson receiving the rent 

of the property in question. . ! 

construction of 2. In case the owners of more than :::one-hal£ the property 

old streets upon abnttinQ'_ upon any old street shall Ee d~_"sirous of having such 

petition, u _ 

old street constructed and shall petition th~ Council to that effect, 

the Council are hereby authorised and m4y well and sufficiently 

construct the same, either throughout th~ whole breadth of the 

car~i~ge way or for any part of such breaqth. Provided that in 

deCiding whether the o·wners of more ~than one-hal£ of the 

piroper~y abutting on the street have petitioned as aforesaid, the 

( ounml sl~all calculate the same accordi,P.g to the lengths of 

frontages In such street. ! 

1 

Extmd€d to Xative Territ')ries by Proclrt'm'ttion 1C6 1 

1904. 


MUNICIPAL AMENDMEXT ACT. 4221 

3. Should the Council deem it expedient, in the interests of 

the municipality, to construct an old street in Tegard to which 

no petition such as is in the preceding section refer'red to has 

been received, it shall be lawful to ~he Council to apply to the 

:Minister :for authority so to do. Notice of such application shall 

be given by the Council to all the owners of property abutting 

on the street so proposed to be constructed, in such manner and 

at such time as the :Minister may dire:ct. Thereafter the :Minister, 

after considering the objections; if aP-y, lodged by such owners, 

shall decide whether or not it is desirable in the interests of the 

:Municipality that such streets should be constructed. His decision 

shall be communic-ated to the Council; and if he decides 

in favour of constructing the street ;the Council shall have the 

same powers and authority to construct it as if a petition such as 

is referred to in the last preceding ~ction had been :received. 

4. Every old street dealt with und~r the provisions of tl;I.e last 

t-\vo sections shall be constructed in accordance 'vith a specification 

specially prepared by the Council; and i1i framing such 

specification regard shall be made to· the requirements of the 

locality and to the amount of tra:ffi.c likely to pass over such 

street, and the cost of such eonstn.u}'tion shall be borne half by 

the Council and half by the owners :Of property a butting on the 

street so constnicted. ~ 

5. When the Council under the ~powers given them by the 

last three sections have constructed~ any old street, the ownei·s 

of the land bounding or abutting o:P. such street shall be liable 

· for one-half of the expenses of th~ first cost of the same, a.nd 

one-half of any such expenses inclilding the cost of first construction. 

at the points of intersectjon of streets and all other 

incidental costs and charges shall be apportioned by the Col.1ncil 

according to the frontage of prope#ty abutting on such streets 

and the expenses so apportioned shall he recoverable from the respective 

owners and their snccessors tn title in twenty-five annual 

instalments at the rate of six pound~ ten shillings per centum per 

annum, which rate is calculated to ~over repayment of principal 

and interest at four per cent .. per anfium, and the first instalment 

shall be payable forthwith after th~ apportionment of expenses 

has been made. Notice of· the amount so apportioned shall be 

given to each present owner by registered letter or packet. The 

expenses so apportioned and all in$erest thereon subject to the 

provisions of section ten hereof shall be a first claim and charge 

upon the property abutting on the .treet against which it is apportioned, 

and shall be paid in preference to any debt, obligation 

or mortgage thereon by ·the owner thereof and his successors in. 

title, and the instalments as they ~all due shall be recoverab-le 

from the present or any future o$er of the property against 

which they are apportioned in any ~ompetent court: Provided 

always that if any owner of propertly be desirous ·at any time of 

making a. present payment of aH i:n:ftalments owing the Council 

No. 41-1899. 

Construction of 

old streets upon 

authority of the 

Minister. 

Specification for 

construction of old 

street. 

Liability of 

owners for construction 

of old 

street. 


No. 41-1899. 

Powers of Council, 

construction of 

existing new 

streets 

Sale of property 

on "ub-d i v i de d 

portion,-:, Council's 

eonl'ent. 

Council's c onsent 

to construction, 

closing, &c., 

of street or road. 

Construction of 

footpaths. 

Street,;; vested in 

Council. 

Sub -·s ') i 1 of 

streets not to be 

removed. 

4222 MCXICIPAL .U1EXDllEXT ACT. 

shall ()'rant to him a rebate in respect of the payment of instalments0thereafter 

failing due. . 

6. The Council shall have the: same powers w1th regard to the· 

construction of an existin()' street or a new street which have by 

the second, third, fourth ~1d fifth sections of this Act been conferred 

upon it in respect of old streets. But in the case of an 

existing street the cost shall be borne one-fourth .by the Council 

and three-fourths by the mn1ers of property, and 1n the case of a 

new street the entire cost of construction shall be borne by such 

owners. In all other respects t4e provisions of the said section& 

shall apply to the existing streets and new streets as well as to 

old streets. ; . 

7. From and after the taking ~ffect of this Act it shall not be 

lawful for any owner of propertf to sell such property in subdivided 

portions without having; first submitted a plan of such 

sub-division to the Council, an~ obtained the sanction of the 

Council thereto. And the Co"dncil may by regulations duly 

framed and published prescribe tle procedure which shall be followed 

in submitting sueh plans f&r approval and in regard to the 

dealing of the Council with thenj. 

8. No street or road laid down~on any plan already lodged, or 

which may hereafter be lodged, ~vith the Council, shall be constructed, 

made, closed or deviated from by any company or person 

whomsoever without the eonsent. of the Council firRt had and 

obtained; and in granting sucl~ permission the Council may 

impose such conditions as to it m!~y appear requisite to safeguard 

the interests of the public: Provided that any person owning 

land on both sides of any such gtreet or road as aforesaid may 

appeal from the Council's decision to the )Iinister, who, after 

inquiry, may decide the matter, 'and his decision shall be final. 

9. In case the Council at any time desire to construct, kerb or 

gutter a footpath alongside any rtheet or road in the l\funicipality 

including any Divisim1~l pouneil road, it shall be competent 

for the Council to deal ·witlt such footpath as if it were an 

old street in regard to which the petition referred to in the 

second section hereof has been received; and the cost of so cons!ructing, 

ker?ing ~r guttering ~uch footpath shall be apportioned 

and pmd as If such footp~th were an old street constructed 

by the Council. 

- _· 

10. Wherever the Couneil has. eonstructed any old, existing 

or new street, such street shall thereafter be ~ pnhlie street 

vesfecl in the Council. · 

11. No Company or person shall excavate remove or take R\vay 

any sand, gravel, stone or subsoil from the site of any street or 

road or thoroughfare as shown upon any plan o:£ sub

! 

j 

MU::\'ICIPAL AMENDMt"T ACT. 4223 

is excavated, removed, or taken awaythan is necessary to level 

or form a foundation for the paving metalling of any street, 

road or thoroughfare; and for every o ence against the terms of 

this section every Company or person sJ1all be liable to a penalty 

not exceeding five pounds, and to a :fqrther penalty not exceeding 

twenty..cfive shillings :for every d~y after the first, during 

which the offence is continued or durij:lg which any excavations 

shall be permitted to remain without ithe consent in writing of 

the Council, and such penalties sh~ll be recoverable by the 

Council in any Court of competent jui·isdiction. 

12. Section one hundred and twenty-=-eight of Act 45 of 1882 shall 

not apply to any :Municipality coming under the operations of 

this Act, and in lieu thereof the :following shall be substituted: 

The Council shall have power by its officers to require 

owners of property within itS :Municipality to furnish 

the names of the tenants at least once a year and 

oftener if required, and the person or persons Company 

or Companies in whom shalLbe vested the legal title in 

or the occupier or occupiers of any immovable property 

on the 15th January of each~ year shall be liable to the 

said Council for the rates for the whole year or period 

:for which such rates are levied. 

1:3. The Council shall cause to be.kept with their bankers a 

loan account separate and apart from the Council's ordinary 

current account and all moneys :forming part of any loan incurred 

by the Council other than a temporary loan shall be paid 

into such account and be applied solely to the purposes for which 

the same was borrowed: Provided,,:however, that the Council 

shall at any time be entitled to use 'Jemporarily for other purposes 

of the :Municipality any portion of such moneys not 

immediately required :for use in conn'"~ction with the purposes :for 

which they were borrowed, if the atnounts so used temporarily 

together with any overdraft then e~sting shall not exceed the 

income for the year ending on the last preceding 31st December, 

and if the Council by special resolution at a meet-ing of which 

not less than two-thirds of the Coun~illors are present shall con, 

cur in such temporary use for reasql.1s to be set forth in such 

resolution. " 

14. Nothing in this Act· containe~ shall be taken to give the 

Cou~cil any preference .over exis~ing· mortgages at !he time of 

conung under the operatwns of th1s A.ct for expenses 1nclured by 

the Council under the third, :fourth aild fifth sections of this Act. 

15. All works executed by the Co~ncil· under the authority of 

this Act may be executed either bY n1eans of its servants or 

through Contractors. ~ 

16. In the case of any :Jiunicipality within whose .Municipal 

area there may exist any vacant or ,yaste Crown Land the Council 

may, with the approval and during the pleasure o£ 

Governor, duly frame and proclaim :Regulations: 

the 

No. 41-1899. 

Section 128 of 

Act 45 of 1882 not 

applicable to certain 

Mun~ipalities. 

Loan accounts to 

be kept separate. 

Names of 

tenants to be furni,;hed. 

Existing mortgages 

protected. 

Exec u t i o 11 o f 

works. 

Vacant or wa:>te 

Crown lands, regulations 

d e a I i 11 g 

with.

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