No. 20-1859. Arbitrators may upon such arbitration, and the engineer or other person aforesaid, upon receiving the name of the person so selected, shall nominate a second arbitrator, and shall cause a deed of submission to be prepared, which shall be signed by the engineer or other person aforesaid, and by the person claiming such recompense or compensation as aforesaid, and which shall clearly set forth the matter to be determined by the said arbitrators, and shall contain, amongst other things, a power to the said arbitrators, in case of difference of opinion, to call in an umpire, whose decision shall be final; and the award of such arbitrators or umpire, as the case may be, shall choose an umpire. be binding and conclusive, and may be pleaded in bar of any action or proceeding at law brought for or on account of the same subject-matter. And if such person as aforesaid claiming such recompense or compensation should neglect or refuse to name some person to be such arbitrator as aforesaid, or to sign the said deed of submission, then the engineer or other person aforesaid may arbitrator. lodge in some joint-stock bank in the Colony the sum of money offered by him as aforesaid in his first notice in this section mentioned, for or on account and at the risk of such person as aforesaid, who shall at all times be entitled to draw the same out of the said bank as his absolute property: and the engineer or other person aforesaid, upon so lodging the said sum, shall be authorised and entitled to take and use the land or materials in question as freely as if the said sum had been agreed upon between the parties as the sum to be paid, or had been awarded by arbitrators or an umpire, under the provisions of this section, and as if all acts by law required for vesting in the engineer or other person aforesaid a sufficient title to the use of, or property in, the land or materials aforesaid had been duly done and performed. How, in case of failure, to appoint for belong to minors. 10. In case the engineer or other person aforesaid shall require If property treated to take or use any land, or to dig out or carry away any materials belonging to any minor or other person under guardianship or curatorship, then the guardian or curator, as the case may be, shall be authorised, in his capacity as such guardian and curator, to treat and agree with the engineer or other person aforesaid for the purchase or hire of the land or materials required, and to execute any contract which may be needful for carrying out any agreement which may be made, and, in case of non-agreement, to refer the matter in difference to arbitration, as in the last preceding section mentioned: But all moneys which shall, either by agreement or by arbitration, be payable by the engineer or other person aforesaid for or on account of any land or materials in this section mentioned, shall be paid by the engineer or other person aforesaid to the Master of the Supreme Court administering the Guardian's Fund, who is hereby authorised to receive the same, and to place the same to the credit of the minor or other person entitled to such moneys. And if, in any case, any person of full age shall, by way of fidei-commissary limitation, or any limitation of a like nature, be No. 20-1858. Certain moners may be raised on debentures. Debenturescharged upon the revenues entitled to a life or other limited interest in any such lands aforesaid, in which a minor or other such person as aforesaid under guardianship or curatorship, shall be also interested in remainder or expectancy, then the whole value of the land or materials as fixed by contract or by appraisement shall be paid as aforesaid to the Master of the Supreme Court, and the person who was entitled to the life or other limited interest to the land shall be entitled for life, or for the other period limited, to draw the interest payable upon the sum so paid in: Provided, however, that if any such person shall desire to have his share of such sum apportioned and paid out, it shall be lawful for him to apply by motion to the Supreme Court for an apportionment of such sum, and such Court shall, in a summary manner, upon hearing the parties interested, apportion the said sum, and order the share of the applicant to be paid out to him, leaving the share of the minor, or other person under disability, in the hands of the said Master, to be administered in like manner as moneys in the Guardian's Fund, the property of minors or persons under disability, are therein administered; subject, however, at all times, to such orders as the Supreme Court aforesaid may, upon the motion of any person having an interest, see fit to make in regard to such moneys. 11. It shall be lawful for the Governor to raise and take up upon debentures. or such other form of loan as he shall consider preferable, such sum or sums of money, not exceeding in the whole two hundred thousand pounds, as may be required for defraying the costs of the pier or breakwater aforesaid, or any other of the harbour works contemplated by this Act. 12. All such debentures or other loans are hereby charged upon described in this Act. all and singular the revenues and moneys described in this Act and shall from and out of such revenues and moneys be paid off as speedily as circumstances will permit. Debentures, for what amounts, and how to be issued. Loans otherwise an by debentures. 13. Should any debentures be issued under this Act, they shall be issued for sums not exceeding one hundred pounds nor less than fifty pounds each, and shall be signed by the Treasurer and Auditor of the Colony, and shall bear interest at a rate not exceeding six per cent. per annum. 14. In case any loans should be effected under this Act, otherwise than by means of debentures, the deed or instrument attesting such loan, and hypothecating the revenues and moneys aforesaid for the repayment of the same, with the stipulated interest, shall be signed, on the part of the Colonial Government, by the Treasurer and Auditor aforesaid. No: 21-1858.] [June 5, 1858. An Act for further Providing for the Building and Improving of Public Prisons. [Spent.] No. 22-1858.] [June 5, 1858. An Act to Fix the Amount to be contributed by the Municipality of Cape Town towards the Expense of the Executive Police of Cape Town. [Repealed by Acts 31, 1883, and 44, 1882, § 47.] No. 23-1858.] AN ACT [June 5, 1858. For Declaring Main Roads and Regulating Tolls. (1) WHEREAS, by the second section of an Act (3) made and passed Preamble. during this present session of Parliament, entitled "An Act to Provide for the Management of the Public Roads of the Colony," it is provided that, from and after the first day of January next, the several roads of the Colony, which may, by any Act of the Legislature of this Colony, be declared to be main roads, shall be under the charge of the general government, as by the said Act provided, whose duty it shall be to make, maintain, and improve such main roads, so far as the funds placed at its disposal by the said Act or any future Act will enable it: And whereas, by the thirteenth section of the said Act, it is further provided that all toll-bars (3) established on any main road by authority of any Act of the Legislature of the Colony shall be maintained, and such persons as shall be authorised by the Governor so to do shall be entitled to demand and receive thereat the several tolls authorised in such Act, until the said toll-bars or tolls, or any of them, be abolished, removed, or changed, with the consent of Parliament; and no new toll-bar may be established or any new toll demanded upon any main road except with the consent of Parliament: And whereas it is expedient to describe and declare what roads within this Colony shall for the purposes of the Act aforesaid, be main roads, as also what toll-bars shall be established on such main roads, and what tolls shall be demandable at such toll-bars: Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows: 1. All and singular the several roads mentioned and set forth in Certain roads dethe schedule to this Act, marked A, are hereby declared, for the clared main roads. purposes of the Act aforesaid, entitled "An Act to Provide for the Management of the Public Roads of the Colony," to be for the time being, and until the Legislature, by some Act thereof, shall. otherwise provide, the main roads of the Colony. (4) 1 See Act 3, 1859. 2 Section 2, Act 9 of 1858, which is repealed by Act 40, 1889. * See §§ 162 et seq., Act 40, 1889, also §§ 188 et seq. * See Act 40, 1889, §§ 149-151. in No. 23-1858. lished. 2. All and singular the several toll-bars mentioned and set forth Toll-bars described in the schedule to this Act, marked B, are hereby established, chedule estab- and such persons respectively as shall be authorised by the Governor Tolls to be collect- aforesaid so to do shall be entitled to demand and receive at every ed thereat by persons such toll-bar the several tolls which, in and by the said schedule, marked B, are mentioned and set forth as the tolls to be demanded and received at such toll-bar. appointed by Gover nor. SCHEDULE A. Tolls: Repealed and Schedule to Act 22 of 1873 substituted. (') SCHEDULE B. (2) TOLL-BARS AND TOLLS. 1. Rates payable at the upper and lower gates-military lines, On certain roads. Muizenberg, 4th mile Maitland Road, Meiring's Poort, Botha's Hill, and the Buffeljagt's River, Wellington and Paarl or Lady Grey's bridges: 1. Upon every wheel of a vehicle 2. Upon each horse, mule, or ass, employed in £0 0 2 001 3. Upon each head of horned cattle employed in 0 4. Upon each horse, mule, or ass, not employed in At certain ferries. 5. Upon each head of horned cattle not employed in 6. Upon every sheep, goat, or swine 2. Rates payable at mountain passes,-Bain's Pass, Michell Pass, Sir Lowry's Pass, Houwhoek, Great Brak River Pass, Montagu Pass, Howison's Poort, Zuurberg Pass, Piquineer's Kloof: 1. Upon each wheel of every four-wheeled vehicle, or an iron shoe, not less than eight inches 2. Upon each wheel of any other vehicle 4. Upon every animal not employed in drawing a 5. Upon every sheep, goat, or swine 3. Rates payable at ferries on the Zwartkop's, Sunday's, and Breede Rivers, namely, -the rate now payable at such ferries respectively, until the expiration of any existing lease or contract for the maintenance of such ferries, when the following rates shall ba substituted: (3) For a four-wheeled vehicle, with any animals 1Act 22, 1873, repealed by Act 40, 1889-see §§ 149 and 150 of latter Act. 2 Additional tolls established by Act 13 of 1863, but see § 162, Act 40, 1889. Printed as amended by Act 3 of 1859. [From sunset to sunrise, a further charge of one-half of the above rates.] No. 24-1858.] [June 5, 1858. No. 24-1858. AN ACT To Regulate the respective Rights of certain Divisions, in regard to certain Road Rates. WHEREAS, by the Act No. 12, 1857, entitled "An Act for Preamble. constituting certain Districts of this Colony Divisions," and by a certain other Act made aud passed in this present session of Parliament, entitled "An Act for constituting the Districts of Frazerburg, Murraysburg, Humansdorp, and Robertson, Divisions," (1) the several districts in the said Acts mentioned have been constituted divisions: And whereas it is expedient to regulate the respective rights in regard to certain road rates of such last mentioned divisions, and of the older or former divisions, from or out of which such recently-constituted divisions shall have been formed: Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows: Divisional council to receive the arretr by the council of the formed. 1. In case any road rates shall have been or shall be assessed by the Divisional Council of any division, from or out of which of any new division division the whole or any part of any of the newly-constituted road rates assessed divisions aforesaid shall have been formed, previously to the day old division out of upon which such newly-constituted division became a division, which it has been then, and in that case, all arrears or amounts of such road rate assessed upon, or in respect of any immovable property lying and being within such newly constituted division, and due or unpaid on the day of the taking effect of this Act, shall be demandable and receivable by the Divisional Council of such newly-constituted division, and not by any former or other Divisional Council; and the Divisional Council of such newly-constituted division in case Act 25, 1858. |