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Kimberley created by the said Kimberley Borough Act, 1883, and No.bo—1884.
this Act, and shall during the time aforesaid do and perform all
such acts and things, and he vested with all the rights and powers,
and be subject to all liabilities •which are authorised or required
to be done or performed by or are vested in or imposed on the
Mayor, councillors, and officers respectively of the borough by the
2. The forty-ninth section of the said Kimberley Borough Act, Power* of Coun' 1883, shall be and hereby is repealed, and instead thereof the ciL following shall stand as and be the forty-ninth section of the said Act:
The council shall have power and authority to do the following acts on all laud within the limits of the borough:
To make, aller, and keep in repair roads, tramways, streets, thoroughfares, dams, ditches, sewers, drains, and bridges; to dig, deepen, preserve, fence in, and cover or fill up wells, to excavate, construct and lay watercourses, water-pipes, conduits, sluices, dams, reservoirs, aqueducts, and other works supplying the borough with water; and to keep the same in repair, or to grant leave to any person or company of persons to lay down pipes, dig or deepen wells, or to execute any other like works; to take means for the prevention and extinguishment of fires, and for that purpose to provide and keep fire-engines, with pipes and utensils; to establish and maintain fire-brigades and salvage corps under the control of such officer or officers as may be from time to time appointed by the said Borough Council, with power to do all things necessary to save any building or buildings from destruction by fire; to make regulations for the storing, carriage, and removal of gunpowder, dynamite, kerosene, and other explosives within the borough; to order, establish, hold, alter or remove markets, outspans, and to lease or purchase any land, and to erect, lease, or purchase, or keep in repair any building for any municipal requirement or purpose: to cause all buildings, bridges, and other erections, which may be found to be unsafe to the public to be placed in a state of security, or, if necessary, removed at the expense of the owners of such buildings; to lease, purchase, or erect and maintain such school buildings and manage such schools as the Borough Council shall from time to time think fit, and to enter into such guarantees in respect of such schools as may be required by the Government, in case any aid from the Government in support of such school may be required under any Act in force for this purpose, and to grant annually, half-yearly, or quarterly sums of money in aid of any school now existing or which hereafter may be established within the borough, such sums to be determined in such manner and according to such system as to the Borough Council, from time to time may seem good; to appoint an Inspecor or Inspectors of Schools; to grant such sums of money in aid of public libraries within the borough as may from time to time be voted by a majority of two-thirds of the Borough Council; to cause all buildings to be used hj the public, capable of containing more than three hundred persons, to be provided with sufficient and proper means of egress in case of fire or other casualty: to regulate from time to time the materials of which all future buildings shall be constructed, the distances, spaces, and character of party walls which shall be left between them, the height the foundation shall be above the level of the surrounding ground, and the height the floor shall be above the same; and no proprietor of any house or building found with insufficient foundations, or with floors lower than the height allowed after the taking effect of the Kiniberley Borough Act, 1883, shall be entitled to any compensation for damages caused by flooding from heavy rains or thunderstorms; to assize weights and measures according to the standards in force by law, and to appoint an officer for that purpose: to giant permits and licences for any purpose to be defined by the borough regulations for the time being; to levy dues as hereinafter provided; and by borough regulations duly approved to dn any of the following acts, that is to say:—To regulate the time and place for slaughtering cattle, and the state and condition of slaughter houses or slaughter places; to make due provisions for the licensing, confining or killing of dogs, the confining or killing of pigs, goats and fowls: to appoint one or more competent persons to examine meat, fish, or other provisions exposed for sale, and to test or analyse any drinks offered for sale, and who, in case such meat, fish, or other provisions, or beverages be unfit for human food or drink, shall be empowered to cause the same to be destroyed; to prevent and abate nuisances, and generally to devise and carry out all such measures as shall appear to be for the advantage and convenience of the borough; to establish and provide for the management of public pounds within the borough limits: to make due provisions for the lighting of the streets, to regulate the width and direction of roads, streets, and thoroughfares, to make regulations for the licensing of carts, wagons, or other vehicles belonging to residents, whether plying for hire or not, within the limits of the borough; to fix a tariff of charges which the owners or drivers of vehicles plying for hire may make within the radius of four miles from the centre of the. marketsquare: and to order, establish, alter, maintain, or remove, and to make regulations for the maintenance and control of Native Locations, and of locations for Indian immigrants commonly called " Coolies," at the time of the passing of the said Kimberley Borough Act, 188^!, existing or thereafter to be created by the Borough Council; and for the good government and control of natives, coolies and immigrants within the borough; to regulate the proceedings of the council and the duties of their officers. and servants, and to preserve order at council meetings; to regulate and licence market guides, market agents, porters, public carriers, carters; to regulate public sales, to sxippress
K1MBKRI.KY MUNICIPALITY. 2'22&
houses of ill-fame and gaming-houses ; to restrain noisome or often- xaso ia«4. sive trades; to compel residents to keep their premises free from offensive or unwholesome matters; to preserve public decency; to prevent the spread of contagious or infectious diseases, and to preserve the public health; to regulate the removal of uight-soil, stable litter, tilth and refuse from private premises, and from all streets, roads, and public places; to prevent impure water being supplied to the inhabitants: to establish and maintain cemeteries; to plant and preserve trees and shrubs; to grant licences for the making of bricks or for digging or removing clay or gravel, or tor quarrying stone, or for cutting grass upon municipal commonage or lands; to fix the number and description of live-stock any inhabitant shall be allowed to keep within the limits of the borough: to grant temporary grazing rights, to carriers, travellers, and others frequenting or passing through the municipality or attending the markets thereof; to establish, maintain, and regulate public libraries, museums, botanical gardens, parks, public baths, wash-houses, and places of public recreation; to regulate traffic and processions; provided that no dues or charge for any permit or licence or any punishment or penalty shall be imposed by reason of anything in this section contained, unless the same shall have been imposed by some such municipal regulation as is in the fiftyfifth section of the Kimberley Borough Act, 188-'!, provided.
3. (*) The fiftieth section of the said Act No. 11 of 1883, shall be Powers of Counund hereby is repealed, and the following shall stand as and be the fiftieth section of the said Act:
Save and except as is hereinafter in this section and in section seventy-two of the Kimberley Borough Act, 1883, provided, nothing in this Act contained shall be construed so as to authorise the said Borough Council to exercise any of the powers vested in them within any mining area at the time of the passing of the Kimberley Borough Act, 1883, existing, or which may thereafter be created, so as to interfere with the rights and privileges of the elaimholders of any mine at such time existing or which may thereafter be proclaimed on their depositing floors, or with the rights of the Government, or any mining board, proprietor or claimholder of any mine, or any tramways, tipping sites, roads or other works connected with such mine, whether the same at such time existed or shall thereafter be constructed or fixed: provided, nevertheless, that in case the said Borough Council shall deem it necessary for the proper municipal management of the said borough that drains or other public works should be constructed or carried out within such mining area, whether such works are or are not connected with any works situate without such area, or that any other of the duties or powers imposed or conferred upon the said council under the provisions of the Kimberley Borough
1 See § 17, Act 31, Iks".
•il in Mining Areas.
No. 3(^1864. Act, 188:!, or of this Act, shall be performed and carried out within any such area, then and as often as the same shall happen the said Borough Council shall by writing notify to the mining board as is provided in the fifty-eighth section of Act 19 of 188-3, or joint-stock company as aforesaid exercising jurisdiction over such mining area or mining works as aforesaid, the nature, accompanied by sufficient particulars, of the work or duty which the said Borough Council may desire to have done or performed, and such mining board or body of persons or joint-stock company as aforesaid, shall within seven days after receipt of such notice, notify its sanction or refusal to do or perform such work or duty as aforesaid; then and in case and as often as the said mining board shall refuse to do the work thought necessary by the said Borough Council, or to sanction the same being done, the matter at issue shall forthwith be referred to arbitration under the provisions of Act Xo. li of 1882, save and except that the period limited by the said Act within which the arbitrators or umpire shall make their or his award shall not exceed seven days from the date of reference: Provided, further, that all such works or duties within any such mining area as aforesaid as may be sanctioned, approved or directed as aforesaid, shall forthwith be performed and carried out by such mining board, or body of persons, or jointstock company as aforesaid, or by the Borough Council at the expense of such mining board, or body of persons, or jointstock company as aforesaid, as may be determined by mutual arrangement, or by the award of the said arbitrators or umpire; provided, further, that the said Borough Council shall in no case be or be held liable in damages or otherwise by reason of any injury to person or property within any mining area, whether the same shall arise from flooding, defective drainage, or any other cause whatever, or by reason of such injury outside any mining area, provided the same shall have been caused by accumulation of water, flooding, defective drainage, or other cause within such mining area; provided, further, that in case any mining board or body of persons, or joint-stock company as aforesaid, shall neglect to carry out proper sanitation within its mining area to the satisfaction of the sanitary inspector for the time being of the Bonnigh Council nothing in this section contained shall be deemed to prevent the Borough Council from enforcing such sanitary regulations, and claiming and charging such sanitary dues within such mining area as aforesaid, either as against the mining board or the claimholders and residents in such mining area, as may have been framed by the Borough Council specially for application within such mining area, and duly sanctioned by His Excellency the Governor; and in the event of any mining board ceasing to exist from any reason whatsoever, and no such board of persons as is provided in the fifty-eighth section of Act 19 of 188.'! being appointed, or any joint-stock company acquiring the said mine, and who shall have notified to the Borough Council its willingness to discharge the duties herein imposed on mining boards or body of persons, then and in that case the Borough Council shall he vested with the same power as the mining board to cany out the provisions of this section, and the expenses incurred in connection therewith shall be borne by such mining board, or if there be no mining board or such body of persons appointed as aforesaid, by the owners of claims and other property in such mining area as aforesaid pro rata, according to the assessed value of the claim and other property in such mining area; and provided, further, that in such case as last aforesaid the Borough Council shall have the power from time to time, when necessary, to make an assessment of such claim and other property, and to levy rates thereon; and provided, further, that the proceedings in respect of the said assessment, levy and recovery shall be as far as possible in the manner provided for in respect of the assessing, levying and recovery of rates on other property within the borough, according to the provisions of this Act and of the Kimberley Borough Act, 1883.
4. The seventy-second section of the said Act No. 11 of 1883 shall; be and hereby is repealed, and instead thereof the following shall stand and be the seventy-second section of the said Act:
For the purpose of raising the means for making and repairing the roads, sheets, market-places, bridges, drains, sewers, watercourses, reservoirs, wells, aqueducts, and other waterworks; for the purchase of such lands or erection of such buildings as may be required in or about the execution of the powers hereby given to the council; for the purchase of water-pipes, fire-engines and appurtenances, for the effecting of all other public works and improvements within the borough; for the purpose of raising the means for effecting the repairs of all such works as the council is hereby empowered to make or to have made; for the maintaining of water-works, fire-engines, police establishments, markets, and pounds; for the payment of salaries and all other current expenses required to he borne by the borough, the council shall have the power to impose, levy, and recover all such market dues, water rates, pound fees, sanitary fees or charges, outspan fees, grazing fees, fees or charges for all such licences which may be granted by them, location fees, dog taxes, charges or expenses for services rendered in the extinction of fires, cemetery fees, and dues on J*1 firewood not being delivered on contract, but being sold or hawked within the limits of the borough exclusive of the public market, and shall be authorised by the said borough regulations as aforesaid, and shall also have the power, as often as shall be deemed necessary and in manner hereinafter and in the Kimberley Borough Act, 1883, provided, to assess the value of all immovable property within the borough, and to levy a rate on sucli assessment: provided that no rate shall be made or levied by the council unless there shall be present at the meeting at which such