Page images

Proc. No. 36

of 1902.

(5) As to the persons by whom the times when and the manner in which such entries, accounts, returns, reports, extracts, copies, statements, notices, documents and information, are to be made and sent in regard to any asylum or any lunatic or alleged lunatic. (6) As to the terms of payment and accommodation for paying patients in any asylum.

(7) For prescribing forms for the purpose of this Proclamation.

(8) For prescribing the duties and discipline of officials employed in any asylum.

(9) Generally for the due administration and efficient working of this Proclamation and the care and comfort of lunatics.

71. This Proclamation may be cited for all purposes as "The Lunacy Proclamation, 1902."

Proc. No. 37 of 1902.


By His Excellency the Administrator of the Transvaal.
(DATED 13TH JUNE, 1902.)

HEREAS by Proclamation Transvaal No. 12 of 1901, dated the 1st July, 1901, the period between the 11th October, 1899, and a date to be thereafter notified in the Gazette, was not to be taken into account in computing the period within which certain payments were to be made and certain rights exercised under the contracts therein referred to:

And whereas by Government Notice No. 223 of 1902, the first day of June, 1902, was notified as the date from which time would again commence to run under the provisions of the aforesaid Proclamation :

And whereas it has been made to appear to me that owing to the existence of Martial Law and the disturbed state of some districts of the Colony further time should be given:

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

1. That the 1st day of August, 1902, shall be taken to be the date referred to in Section 1 of Proclamation Transvaal No. 12 of 1901, as "the date to be hereafter notified in the Gazette."

2. The aforesaid Government Notice, No. 223 of 1902, is hereby withdrawn and is to be treated as if it had not been issued.


Alteration of date for computing period within which options may be exercised.

Proc. No. 38 of 1902.

[Repealed by Ord. 43 of 1903.]


By His Excellency the Administrator of the Transvaal.

(DATED 13TH JUNE, 1902.)


Short title.



THEREAS it is desirable to make provision for the levying and collection of rates for the purposes of the Municipality of Johannesburg:

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

1. This Proclamation may be cited and referred to as the "Johannesburg Rating Proclamation 1902."

2. In this Proclamation, unless the context otherwise by necessary implication requires," Municipality" means the Municipality of Johannesburg, as constituted for the time being.

"The Council" means Council for the Municipality of Johannesburg, established under Proclamation No. 16 of 1901.

[ocr errors]

"Town Clerk means the Town Clerk for the said Munipality, and includes any person for the time being acting in such capacity.

"Town Treasurer means the Treasurer for the said Municipality, and includes any person for the time being acting in such capacity.

66 Interest in land” means and includes-

(a) Land or the usufruct thereof.

(b) The right in and over land under a stand license.

(c) Any lease of land for a period of not less than ten years, or for the natural life of any person mentioned therein, or which is renewable from time to time at the will of the lessee indefinitely or for periods which, together with the first period thereof, amount in all to not less than ten


(d) Any servitude over land.

(e) Any user of land under a claim licence, or other mining title, for residential purposes or for purposes not incidental to mining operations.

"Rateable property" means and includes every interest in land as above defined, together with any building thereon, with the following exceptions:

(1) Any interest in land or buildings owned by the Crown.

(2) Any licence or right to dig or prospect for precious stones
and minerals on any portion of land assigned for that
purpose; and any portion of land held or occupied
exclusively for the exercise of such rights.

3. The Council shall from time to time, but not less than once in every three years, cause a valuation of all rateable property within the Municipality to be made by one or more competent persons, who shall be appointed by resolution of the Council not less than one month before he or they shall enter upon his or their duty.

Proc. No. 38 of 1902.

General Valuations.

Declaration of

4. Every valuer shall, before entering upon the valuation entrusted to him, make before some Justice of the Peace a solemn valuer. declaration in the terms following


" solemnly and sincerely declare that I will,
to the best of my skill and knowledge, and without fear,
favour, or prejudice, truly and impartially appraise and
value all such rateable property as I shall be required to
value in the Municipality of Johannesburg for the purpose
of assessment, and that I will conscientiously value the
same at and for the full and fair value thereof. And I
make this solemn declaration, conscientiously intending to
fulfil the same.

[merged small][merged small][merged small][merged small][ocr errors]

And every such declaration shall be lodged with and preserved by the Council.

Provisional Valua

5. The valuer or valuers shall prepare the said valuation (hereinafter referred to as the Valuation Roll) in writing, in such tion Roll, contents of. manner as to show to the best of his or their knowledge and opinion (a) The name and address of every owner of rateable property. (b) The description and situation of the land or buildings, an interest in which constitutes the rateable property of such


(c) The nature of the interest of such owner in such land or buildings.

(d) The value of the rateable property of such owner distinguishing between the value of the interest in the land, and the ralue of the interest in buildings, but giving also the total rateable value.

6. The amount or sum at which the valuer or valuers shall value for the purposes of the Valuation Roll, any rateable property shall be the full and fair price or sum, which the same would in his or their judgment be likely to realise if brought at the time of raluation to voluntary sale, and offered for sale upon the usual terms and conditions applicable to property of such kind.

Basis of Valuation.

Proc. No. 38

of 1902.

Valuer to have

7. (1) Every valuer provided with written authority signed by power of entry and the Town Clerk, shall, for the purpose of making any valuation as inspection. aforesaid, have power to enter at all reasonable hours in the daytime, into and upon any land or buildings within the Municipality, and shall also have power to inspect and make extracts from all registers or other records, or any deeds or instruments belonging to or in the custody or possession of any Government official or any person, firm, or company in which are contained particulars of any rateable property, whether such person, firm or company is or is not interested in such rateable property.

Inspection of Provisional Valuation Roll.

Proceedings of Valuation Court.

(2) Every such valuer shall be entitled to call upon the owner or occupier of rateable property for such written particulars in regard to such rateable property as may be necessary for enabling such valuer to make a correct valuation thereof; and any owner or occupier who shall fail to supply such written particulars when called upon to do so, shall be liable to a penalty not exceeding twenty pounds in respect of each offence, and any person who shall furnish to any valuer a false statement of value or other particulars as aforesaid shall be liable on conviction to a penalty not exceeding fifty pounds in respect of each offence.

8. When the Valuation Roll has been completed, it shall be laid before the Council, and shall lie at the Office of the Council for the inspection of every person liable to pay rates in respect of property included therein, and any such person may at all reasonable times inspect the same, and take copies or extracts therefrom. The Council shall, by notice published in one or more local newspapers, call upon all persons interested, to lodge in writing with the Town Clerk in the form set forth in the Schedule hereto, notice of any objections they may have against the valuation of any rateable property valued as aforesaid, or by reason of the omission therefrom of property alleged to be rateable property, and whether held by the person objecting or by others within a specified time, not being less than fourteen days from the first publication of such notice. No person shall be entitled to urge any objections before the Valuation Court hereinafter referred to, unless he shall first have lodged such notice of objection as aforesaid.

9. (a) After the expiration of the time specified in such notice, the Council shall appoint from among themselves a Committee consisting of a Chairman of the Municipality. and not less than five Councillors, who shall form a Valuation Court.

(b) Such Court shall thereafter at meetings duly called by the Town Clerk, proceed to consider the Valuation Roll, and the objections made as aforesaid, and shall be entitled to make such alterations and amendments in the Valuation Roll either by way of reduction or increase as to it may seem expedient.

* By Ord. 34 of 1902, the Deputy Chairman may be appointed a member of the Committee instead of the Chairman.

« PreviousContinue »