or Regulation, and for preventing the occupation of any new or altered buildings until a certificate of the fitness thereof for habitation shall have been issued signed by the Medical Officer of Health. (40) For preventing the disfiguring of the front of buildings or fences and for prohibiting or licensing the use or regulating the size, description and fixing of signboards, screens, private lamps, sun blinds or other devices attached to or connected with any buildings or fences by means whereof any advertisements or notices of any kind may be displayed. (41) For preventing and removing obstructions in streets, roads, squares and public thoroughfares, foot pavements and sidewalks; for dealing with diseased animals and the burial of dead animals and the driving of live stock through streets or thoroughfares, and as to live stock found straying in any streets or thoroughfares.

*(42) For establishing, maintaining and regulating pounds
and public weighing machines and charging of fees
in connection therewith.

(43) For establishing, maintaining and regulating cold
storage works.
(44) For prohibiting or regulating the erection of wires of
any kind in, along, under or over any street or
thoroughfare provided that such wires as may be
erected for public purposes by the Postmaster-
General shall not be prohibited.

†(45) For the prevention of nuisances arising from stable
litter, filth, dust, ashes and rubbish, or from any other
cause, and for the prevention of the keeping of
animals on any premises so as to be a nuisance or to
be injurious to health.

(46) For preventing any person or vehicle for carrying or
conveying any article, burden or load so as to obstruct
or incommode passengers or vehicles in any street,
sidewalk or foot pavement, and for preventing the
wheeling of wheelbarrows, cycles or other vehicles on
any sidewalk or foot pavement except for the purpose
of crossing the same to or from any house or building.
(47) For preventing persons from congregating with
others and thus causing an obstruction in any sidewalk,
thoroughfare or open space except such as may be
set apart for the purpose, and for preventing obstruc-
tions in streets, thoroughfares and open spaces.
(48) For regulating the construction and maintenance of
all installations; for the supply of light, heat or power
by means of electricity, gas or otherwise.

(49) For regulating and controlling the generation of acetylene gas or other inflammable or explosive gas, and the construction and use of all apparatus con*For Pound bye-laws see Govt. Notice 67 of 1903 (Gazette, 13th Feb., 1903, p. 356). +For bye-laws see Govt. Notice 763 of 1903 (Gazette, 31st July, 1903, p. 347).

nected therewith, and for preventing or regulating the
storage of liquid acetylene or carbide of calcium.
(50) For the provision of a proper and sufficient water
supply for every dwelling-house, school, store, factory
or workshop.

of 1901.

Plans of building

lots.

†(51) For the giving of notice and the deposit of plans by persons wishing to lay out any building lots or new townships; for the approval or otherwise of all such plans by the Council for securing uniformity and continuity of streets on or leading to or from any private property, and for preventing the laying out of new building lots or townships or the sub-division of existing building lots without the approval of the Council. (52) For enabling the Council to establish, maintain and control locations and townships for Asiatics and control of locations. other coloured persons, and to charge rents for the use of stands in locations or townships laid out by the Council. (53) For enabling the Council to control and supervise the Housing of Natives housing of Natives by employers, and to prevent by employers. annoyance to persons in the neighbourhood arising therefrom; to compel all Natives not residing on the

Establishment and

Compulsory resi

Natives in public

premises of their European employers or not holding
Letters of Exemption whilst lawfully within the
Municipality to reside at any location for Natives
which may have been established by the Council; and dence of Natives in
for enabling the Council to regulate the use of locations.
public streets by Natives, and for prohibiting the
carrying by Natives of knobkerries, assegais or other streets.
sticks or weapons, and further for enabling the Council
to license Native wash-boys and Native labourers,
*other than boys or labourers employed in industrial
concerns or domestic service. The term "Natives" as
used herein shall include any person belonging to any
of the Aboriginal races or tribes of Africa South of
the Equator, and any person one of whose parents
belongs to any such race or tribe as aforesaid.
(54) For preventing the use and securing the closing of
cesspools, and for regulating the provision, construction,
use and repair of, and for preventing damage to earth
closets, water closets, privies, ashpits, urinals, sinks,
fixed baths and fixed basins, waste pipes, drains and
slop tanks in connection with buildings.

(55) For ascertaining the existence and cause of any
nuisance arising from any drain, closet, cesspool or
water supply, sink, trap, syphon, pipe or other work or
apparatus connected therewith, and for remedying the
same and recovering the expenses incurred by the
Municipality in respect thereof.

(56) For establishing, maintaining and regulating public
closets, urinals and lavatories.

The words "other than.........................................domestic service" are inserted by virtue of Ord. 41 of 1902, sect. 2.

For Building bye-laws see Govt. Notice 564 of 1903 (Gazette, 12th June, 1903, p. 1159).

Meaning of term "Native."

Cesspools, &c.

Urinals.

of 1901.

Street decorations and temporary platforms.

Gutterings and down-pipes.

Weights and mea

sures.

Sale by weight and

measure.

Meters.

Bees and wild animals.

Diseased meat and adulteration of food.

Conveying meat in

town.

Inspection of proposed bye-laws.

(57) For regulating and controlling street decorations and for prohibiting, regulating and controlling the erection and removal of temporary platforms, seats and other structures for the use of the public at any meeting or entertainment, or for the accommodation of spectators at any procession, ceremony or spectacular display of any kind.

(58) For preventing the discharge of any guttering or down-pipes on to any pavement or sidewalk, and securing, regulating and controlling the laying down of pipes to carry any out-flow therefrom to such gutter or drain as may be authorised or approved by the Council for the purpose.

*(59) For regulating and controlling the sale and use, and
the inspection, verification and stamping of weights,
measures and weighing instruments, and the charging
of fees in connection there with

*(60) For regulating and controlling the sale of goods, wares,
merchandise or other things by weight or measure.
(61) For regulating and controlling the use of gas, water
and electric meters, and the testing and stamping of
such meters and the charging of fees in connection
therewith.

(62) For preventing or regulating and controlling the
keeping of bees and of wild or dangerous animals.
†(63) For preventing the possession, sale or offering for sale,
or the conveyance or handling otherwise than for
purposes of destruction, and for ensuring the destruc-
tion when necessary in the opinion of the Medical
Officer of Health of diseased animals and of diseased
meat, fish or other articles of food or drink unfit for
the use of man, and for preventing the adulteration or
reduction below a proper standard of quality, and for
securing the sale in a pure state of milk or any other
article of food or drink, and for authorising the entry
on and inspection of premises, vehicles or packages for
securing any of the objects of this clause.
(64) For regulating and controlling the conveyance of
meat or dead animals through or along any public
streets or public thoroughfares.

But no such bye-law or regulation shall be contrary to the provisions of this Proclamation.

22. No bye-law or regulation shall be made or amended by the Council until a copy of such proposed bye-law or amendment be deposited at the office of the Council for inspection by any person at all reasonable times, and a notice. be published in some newspaper generally circulating in the Municipality seven days prior to the meeting of the Council held for the purpose of making such bye-law or amendment,

For bye-laws as to weights and measures and the sale of goods, &c., by weight or measure see Gazette, 28th November, 1902, p. 1700 (Govt. Notice No. 638 of 1902); amended by Govt. Notice 498 of 1903 (Gazette, 29th May, 1903, p. 1076).

For bye-laws see Govt. Notice 919 of 1903 (Gazette, 28th Aug., 1903, p. 751

of 1901.

setting forth the general purport of the proposed bye-law or regulation and amendment, and stating that a copy is open to inspection as aforesaid.

Approval and pub

23. After any bye-law or regulation has been passed by the Council it shall be submitted for the approval lication of bye-laws. of the Governor, and, if approved, shall be published in the Gazette, and thereupon such bye-law shall have the force of law in the Municipality.*

24. Every bye-law or regulation in force in the Municipality may be repealed by the Governor.

25. Any bye-law or

regulation made

under this Penalties for Proclamation may impose a penalty for any breach breach of bye-laws. thereof, and may also impose different penalties in case of successive breaches, but no penalty shall exceed fifty pounds. And any such bye-law or regulation may provide that, in addition to any such penalty, any expense incurred by the Council in consequence of any breach of such bye-law or regulation or in the execution of any work directed by any such bye-law or regulation to be executed by any person, and not executed by him, shall be paid by the person committing such breach or failing to execute such work.

Evidence of due

26. A copy of the Gazette containing any bye-law or regulation of the Council shall be evidence of the due making making of bye-laws. of such bye-law or regulation and of the contents thereof.

27. The regulations of the Town Council established Saving of former under Law No. 9 of 1899 shall in so far as they are not in regulations. conflict with this Proclamation continue of force until modified or repealed by the Council.

+28. It shall be lawful for the Governor to advance to the said Council from time to time such moneys as he may think fit for the proper carrying out of the provisions of this Proclamation, as well as for liquidating the overdraft at the National Bank, Johannesburg, and other debts incurred for Municipal purposes between the 1st June, 1900, and the taking effect of this Proclamation by Major O'Meara, appointed by the Military Governor, Johannesburg, to take charge of the Municipal affairs of Johannesburg during that period, and to charge the said Council interest thereon at a rate not less than 4 per cent. per annum, and on such terms and conditions as to repayment as to the Governor may seem proper. The money: so advanced and the interest thereon shall constitute a liability of the said Council and their successors in office, whether appointed under this Proclamation or appointed or elected under any law hereafter to be promulgated for providing for a Municipality for Johannesburg; and shall be a charge on the revenue of the Council and on all future rates levied on the

See Ord. 41 of 1902, sect. 1, as to the procedure in framing bye-laws affecting mining companies.

+ By Ord. 27 of 1902, sect. 1, power is given to the Council to liquidate the liabilities of the late Stadsraad out of moneys raised on loan, and by Ord. 9 of 1903 special borrowing powers are conferred on the Council for this purpose; by Ord. 62 of 1903, sect. 6, the assets of the late Stadsraad are vested in the Council. For borrowing powers generally, see Ordinances 3 and 23 of 1903.

Loan to Council for temporary purposes from the Gorernment.

rateable property within the Municipality, whether such rates be made by the Council appointed under this Proclamation or by any future Council of the Municipality.

29. No such moneys as are referred to in the last preceding section shall be advanced by the Governor for expenditure in connection with the construction of permanent works and undertakings, or for the purchase of any lands or buildings, unless such construction or purchase has been approved by him. The Council shall submit to him plans and specifications and an estimate of the cost of any such permanent works or undertakings.

POWERS AND DUTIES OF COUNCIL.

*30. The Council shall have power and authority to do any of the following things:

To make, construct, alter, keep clean and in repair the roads, streets, dams, furrows, sewers, drains, culverts, and bridges within the Municipality.

†To excavate, construct and lay down within the limits of the Municipality watercourses, water pipes, conduits, sluices, dams, reservoirs, aqueducts, wells and other works for supplying the inhabitants of the Municipality with water, and to keep the same in repair, or to grant leave to any person or company of persons to lay down pipes or to execute any other like works.

To lease or purchase any land, and to erect, lease or purchase, maintain and keep in repair any building or buildings for any municipal requirement or purpose. To establish and maintain cemeteries, and to make such charges in connection therewith as may be fixed by bye-laws.

To establish, erect and maintain markets and market-buildings.
To establish, maintain and regulate one or more fire brigades,
and to make such charges for the service of such
brigades, and for the water used at fires as may be fixed
by bye-laws.

§To purchase, lease or otherwise acquire all such movable,
and subject to the approval of the Governor such
immovable, property as the Council may from time to
time require for the proper carrying out of the powers,
duties, rights and obligations of the Council.
To establish, maintain and carry out such sanitary services
for the removal of nightsoil, slops, rubbish and refuse of
all kinds, and to make such charges for the same as the
Council may from time to time think fit.

To acquire, construct, lay down, equip, maintain and work
tramways, and to make charges in connection therewith.

*The clauses of this section from "cemeteries" were added by Pr. Tr. 39 of 1902, sect. 4 (p. 491 post).

† See Ord. 32 of 1903, establishing a Water Board for the Witwatersrand District.

See Govt. Notice 959 of 1903 (Gazette, 4th Sept., 1903, p. 799).

See Municipalities Powers of Expropriation Ordinance (No. 64 of 1903).
See Govt. Notice 763 of 1903 (Gazette, 31st July, 1903, p. 347).

|| See Ord. 62 of 1903, sects. 2 and 3, as to cost of Tramway Undertaking

and conditions precedent to construction.