Aid to Melbourne Police and Town Fund Act 1842 No 15a (NSW)

No. VIII.

Police Fo rce migh t in t he first ins tance be onerous on the inhab i t an t s of t h e said town and it is therefore expedient t ha t an aid towards t h e main tenance

An Act to appropriate for a limited t ime from the General Revenue of New South Wales certain Sums in aid of the Melbourne Police and the Town F u n d to be raised by the Corporation

of Melbourne.	[12th August, 1842.]
W' H E R E A S by an Act of t he Governor a n d Counci l of New	South Wales passed in t h e s ix th year of t h e re ign of H e r

present Majesty Queen Victor ia in t i tu led " An Act	to incorporate	the
Inhabitants	of the Toicn of Melbourne''''	it is amongs t o ther th ings

enacted t ha t t he i nhab i t an t s so incorpora ted shall by means of a Council to be elected unde r t h e provisions of t he said reci ted Act be empowered to levy cer ta in ra tes for t h e es tabl i shment of a Police Force to be ma in ta ined wi th in t h e Town of Melbourne and whereas

t h e levying of a r a t e sufficient for t h e ent i re main tenance of t h e said

main tenance of t h e same should for a l imited t ime be afforded out of the Genera l Revenue of New South "Wales Be i t therefore enacted by H i s Excel lency the Governor of N e w South Wales w i th t h e advice of t he Legislative Council thereof Tha t du r ing the cont inuance of th i s Ac t all fees t aken at any Police Office established or to be established in t he said town under an Act of t he said Governor and Council passed in t h e four th year of t h e re ign of H i s la te Majesty K i n g W i l l i a m t h e F o u r t h in t i tu led " An Act for appointing the Fees to be taken in the " several Courts of Police and Petty Sessions and by the Clerks of " Justices acting singly in the Colony of Neio South Wales" shall be issued and applied towards the ma in t enance of t he said Police Force Provided however t h a t no fees t aken a t any W a t e r Police Office established under t he au thor i ty of t he Act of t he said Governor and Counci l passed in t he four th year of t he reign of H e r sa id 'present Majesty in t i tu led " An Act for the further and better regulation and " government of Seamen within the Colony of Neio South Wales and " its Dependencies and for establishing a Water Police" shall be so applied or otherwise t h a n as in t h e said last reci ted Ac t is directed.

2. A n d be i t enacted Tha t out of t h e Genera l Revenue of t h e

said Colony there shall be issued a u d applied towards t he ma in tenance of t he said Police Force du r ing t h e cont inuance of th i s Ac t exclusive of t he fees hereinbefore directed to be applied in aid of the same any s u m or sums of money not exceeding one t housand five hund red pounds in any one year on condit ion t ha t an equal a m o u n t shall have been levied by rates on t h e i nhab i t an t s of the said town for the estab­ l i shment of a Police Force unde r t he provisions of t h e said first recited Act Provided always t h a t any s u m not exceeding half the a m o u n t authorized to be applied in aid of t he said Police Force in any one year m a y be advanced from t h e said Genera l Revenue no twi ths t and ing that an equal a m o u n t shall no t have been previously levied by ra tes on t he said i nhab i t an t s if t he said Governor ac t ing wi th t he advice of the Execu t ive Counci l shall deem such an advance to be necessary.

3. A n d whereas i t is expedient to re ta in in t he hands of t he Execu t ive Government t he m a n a g e m e n t of the said Police Force Be i t therefore enac ted Tha t no th ing in the said recited Acts or any of t h e m or in th is Act contained shall be deemed or construed to al ter affect or repeal t h e provisions of t he Act of the said Governor and Council passed in t h e second year of t he re ign of H e r present Majesty Queen Victor ia in t i tu led " An Act for regulating the Police in the

" Towns of Parramatta Windsor Mailland, Bathurst and other Towns

" respectively and for removing and preventing Nuisances and Obstrnc-

" lions and for the better alignment of Streets therein " so far as re la tes to the appo in tmen t dismissal and general regula t ion of the police as directed and provided in the said last recited Act .

4. A n d whereas by the said first recited A c t passed in the present year of H e r Majesty 's re ign it is amongs t o ther th ings enacted t h a t t he Council of the said t o w n shall have power from t ime to t ime to order a town ra te to be m a d e wi th in t h e said t o w n in order to raise a fund to be called t h e " Town F u n d " for t h e purpose of pay ing t h e expenses to be incurred in car ry ing in to effect o ther provi­ sions of t he said recited A c t and whereas i t is expedient t ha t a sum in aid of the said " Town F u n d " should unde r cer ta in conditions be appl ied for a l imited t ime from t h e General Revenue of t h e said Colony Be it therefore enacted Tha t du r ing the cont inuance of th is Act the re shall a n d may be issued and applied out of the Genera l Revenue of the said Colony any sum or sums of money not exceeding two thousand pounds in any one year in aid of t he said " Town F u n d " Provided t h a t an equal s u m shall previously have been raised by assessment on the inhab i t an t s of the said town dur ing the same year

and

and paid over by t h e Treasurer of t h e said town to t h e credit of t he

said " T o w n F u n d . "

5. A n d be it enacted T h a t t h e Treasurer of t he said Colony shall issue and pay t h e said several sums to such persons for t h e pu r ­ poses hereinbefore men t ioned upon such clays and in such propor t ions as t he Governor for t h e t ime be ing by any w a r r a n t or order in

wr i t ing to be signed by h i m shall from t ime to t ime order and direct

a n d t h a t t h e p a y m e n t s so to be made shal l be charged upon and

payable out of t he General l l evenue of t he said Colony.

6. A n d be it enacted Tha t t h e said Treasurer shall in his accounts from t ime to t ime be allowed credit for any sum or sums of money paid by h i m in pu r suance of such w a r r a n t or order in wr i t ing as aforesaid and t h a t t he receipt or receipts of the respective persons to w h o m the same shall be so paid shall be a full and valid discharge to t h e said Treasurer in pass ing his said accounts for any such sum or sums as shall be the re in ment ioned and t h a t he shall a n d do receive credit for the same accordin<?lv.
7. A n d be it enacted Tha t th i s Act shall commence and t ake effect from and after the first day of J a n u a r y n e x t and thenceforward shall con t inue in force for five years unless before t h e expira t ion of t h a t period any new Legislat ive au thor i ty shall be duly established in

t he said Colony based whol ly or in p a r t upon popular representa t ion

in which case th i s Ac t shal l cease a n d de te rmine a t the expi ra t ion of twelve m o n t h s after t h e day on which t h e said Legis la ture based wholly or in pa r t on popula r representa t ion shall have first me t for t he dispatch of business .