Appropriation Act 1838 No 19a (NSW)

No. XV.

An Act for applying certain sums arising from the Revenue receivable in New South Wales to the Service thereof for the Year One thousand eight hundred and thirty-nine and for further appropriating the said Revenue. [20th September, 1838.]

intituled "An Act to provide for the Administration of Justice in New " South TP'ales and Van Diemen's Land and for the more effectual " Government thereof and for other purposes relating thereto" it was amongst other things enacted that all and every the powers and authorities vested by certain other Acts of Parliament therein referred to or either of them in the Governor of New South Wales or the person administering the Government thereof should thenceforth be vested in and exercised by the said Governor acting with the advice and consent of the Legislative Council of the said Colony and that the produce of the several duties imposed and made payable under and by virtue of the said recited Acts therein referred to and also under and by virtue of that Act should be applied in such manner and to such purposes as the said Governor and Council should from time to time by any Law or Ordinance appoint Be it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That out of the excess of the amount appro­ priated out of the produce of the said duties for the service of the year one

WH E R E A S by a certain Act of Parliament passed in the ninth year of the reign of His late Majesty King George the Eourth

one thousand eight hundred and thirty-seven there shall and may he issued and applied any sum or sums of money not exceeding nineteen thousand two hundred and eleven pounds fifteen shillings and two­ pence to supply the deficiencies in the amount appropriated for certain Departments for that year.

2. And he it enacted That out of the produce of the said duties there shall he issued and applied any sum or sums of money not exceeding thirty-eight thousand three hundred and nineteen pounds five shillings and four-pence to defray the supplementary charge for the service of the year one thousand eight hundred and thirty-eight as hereinafter more particularly expressed that is to say any sum or sums of money not exceeding one hundred and ninety- four pounds seven shillings and sixpence to defray the supplementary expense of the Establishment of His Excellency the Governor and any sum or sums of money not exceeding seven hundred and eighty- five pounds to defray the supplementary expense of the Department of the Colonial Secretary and any sum or sums of money not exceeding two hundred and twenty pounds to defray the supplementary ex­ pense of the Department of the Auditor General and any sum or sums of money not exceeding ninety pounds and four shillings to defray the supplementary expense of the Department of Customs and any sum or sums of money not exceeding three thousand three; hundred and eighty-six pounds four shillings and four-pence to defray the supplementary expense of the Postmaster General's Department including the expense of the establishment of an Overland Mail to Melbourne and any sum or sums of money not exceeding seven hundred and seventeen pounds and fifteen shil­ lings to defray the supplementary expense of the Harbour Master's Department and any sum or sums of money not exceeding eight hundred and thirty-four pounds and ten shillings to defray the supple­ mentary expense of the Supreme Court and the Law Officers of the Crown including the sum of five hundred pounds for the salary of a Chamber Counsel to the Government and any sum or sums of money not exceeding eight hundred and seventeen pounds sixteen shillings and two-pence to defray the suppdementary expense of the Police Department for the salaries of Police Magistrates appointed to the Districts of Queanbeyan Liverpool Penrith and "Wellington and any sum or sums of money not exceeding two thousand eight hundred and nine pounds one shilling and ten-pence towards defraying the supple­ mentary charge on the Colonial Treasury for sums to be issued in aid

not exceeding one thousand three hundred and fifty pounds to provide

of private contributions to equal amounts for the erection of Churches and Chapels and Minister's Dwellings and any sum or sums of money

salaries for certain Presbyterian Ministers disclaiming the jurisdiction of the Presbytery of New South Wales but professing to hold the standards of the Church of Scotland and any sum or sums of money not exceeding two thousand one hundred and eight pounds towards defraying the supplementary charge on the Colonial Treasury to be issued in aid of private contributions to equal amounts for the establishment of Schools and any sum or sums of money not exceeding fourteen pounds and thirteen shillings in aid of private contributions to an equal amount for the Wcsleyan Sunday School Parramatta and any sum or sums of money not exceeding twenty-four pounds nineteen shillings and eight- pence in aid of private contributions to a like amount for the Wcsleyan Methodist Sunday School Sydney and any sum or sums of money not exceeding one hundred and seventy-eight pounds and eleven-pence in aid of private contributions to an equal amount for the Australian School Society and any sum or sums of money not exceeding two hundred and one pounds nine shillings and one penny in aid of private

contributions

contributions to an equal amount for the Sydney Dispensary and any sum or sums of money not exceeding fifty-two pounds in aid of private contributions to an equal amount for the Sydney Stranger's Friend Society and any sum or sums of money not exceeding seven hundred and eighty-eight pounds three shillings and ten-pence being the unexpended balance of the amount authorized by the Eight Honorable the Secretary of State for the Colonies to be applied to the support of the Australian Museum at the rate of two hundred pounds per annum from the sixteenth June one thousand eight hundred and twenty-nine to the thirty-first December one thousand eight hundred and thirty-seven and any sum or sums of money not exceeding five hundred pounds to defray the expense of casual repairs to Government Houses Courts of Justice and other Colonial Public Buildings and any sum or sums of money not exceeding five hundred pounds to defray the expense of furniture for Government Houses and Public Offices and any sum or sums of money not exceeding one thousand pounds towards defraying the expense of constructing drains and sewers at the New Lunatic Asylum and any sum or sums of money not exceeding seven hundred and fifty pounds towards defraying the expense of erecting a Light-house at Port Macquarie and any sum or sums of money not exceeding one thousand five hundred pounds towards the expense of erecting a Court and Watch-houses at Parramatta and any sum or sums of money not exceeding one thousand five hundred pounds towards defraying the expense of erecting a new Gaol at Parramatta and any sum or sums of money not exceeding seven hundred and fifty pounds towards defraying the expense of erecting a Court-house at Queanbeyan and any sum or sums of money not exceeding seven hundred and fifty pounds towards defraying the expense of erecting a Court-house in the Police District of Raymond Terrace Butterwick and Seaham and any sum or sums of money not exceeding four hundred and fifty pounds towards defraying the expense of erecting a Watch-house at Bathurst and any sum or sums of money not exceeding one thousand four hundred pounds towards defraying the expense of building wing walls to the Bridge at Rush- cutters' Bay and any sum or sums of money not exceeding nine thousand pounds to meet the expense of the Mounted Police Establish­ ment for the period from first April to the thirty-first December of the said year and any sum or sums of money not exceeding one thousand seven hundred pounds towards defraying the expense of repairs to

the Mounted Police Barracks and any sum or sums of money not exceeding two thousand six hundred and twenty-five pounds towards	the support of free paupers in the Colonial Hospitals and Lunatic
Asylums for the period from first April to thirty-first December of the said year and any sum or sums of money not exceeding one thousand and fifty pounds to defray the charge of a pension to Sir Francis Eorbes at the rate of seven hundred pounds per annum for the period from first July one thousand eight hundred and thirty-seven to thirty- first December one thousand eight hundred and thirty-eight aforesaid and any sum or sums of money not exceeding two hundred pounds to be granted to Mr. David Lennox as a gratuity in remuneration for his services in the erection of Lansdown Bridge over Prospect Creek on the road from Sydney to Liverpool.
3. And be it enacted That out of the produce of the said duties there shall be issued and applied any sum or sums of money not exceeding forty-three thousand eight hundred and thirteen pounds nineteen shillings and eight-pence for defraying the charge of the Civil Establishment of New South Wales for the year one thousand eight hundred and thirty-nine as hereinafter more particularly expressed

that

that is to say any sum or sums of money not exceeding five hundred and thirty-three pounds two shillings and sixpence to defray the expense of the Establishment of His Excellency the Governor and any sum or sums of money not exceeding one thousand and five pounds eighteen shillings and nine-pence to defray the expense of the Department of the Executive and Legislative Councils and any sum or sums of money not exceeding six thousand seven hundred and sixty-four pounds nineteen shillings and two-pence to defray the expense of the Colonial Secre­ tary's Department and any sum or sums of money not exceeding one thousand seven hundred and sixty-two pounds six shillings and three-pence to defray the expense of the Department of the Colonial Architect and Surveyor of Buildings and any sum or sums of money not exceeding three hundred and forty-five pounds twelve shillings and sixpence to defray the expense of the Department of the Commissioner for the Assignment of Convict Servants and any sum or sums of money not exceeding three thousand five hundred and forty- five pounds eleven shillings and eight-pence to defray the expense of the Colonial Treasurer's Department and any sum or sums of money not exceeding two thousand two hundred and fifteen pounds eight shil­ lings and nine-pence to defray the expense of the Auditor General's Department and any sum or sum or sums of money not exceeding eight thousand two hundred and seventy-one pounds twelve shillings and one penny to defray the expense of the Customs Department at Sydney and at Newcastle and any sum. or sums of money not exceeding ten thousand four hundred and forty pounds six shillings and three-pence to defray the expense of the Postmaster General's Department and any sum or sums of money not exceeding three hundred pounds to defray the salary of the Surveyor of Colonial Distilleries and any sum or sums of money not exceeding two hundred pounds to defray the salary and

alloAvance to the Inspector of Slaughter-houses for the district of Sydney

and any sum or sums of money not exceeding one thousand and twenty- four pounds to defray the expense of the Department of the Colonial Botanist and any sum or sums of money not exceeding nine hundred and fifty-two pounds eighteen shillings and four-pence to defray the expense of the Government Domain Parramatta and any sum or sums of money not exceeding one thousand six hundred and sixty pounds ten shillings and five-pence to defray the expense of the Harbour Master 's Department at Sydney and any sum or sums of money not exceeding four hundred and five pounds six shillings and three-pence to defray the expense of the Light-house at the

exceeding four hundred and forty-two pounds seventeen shillings

South Head of Port Jackson and any sum or sums of money not

and sixpence to defray the expense of the Floating-light Vessel near the entrance of Port Jackson and any sum or sums of money not exceeding two hundred and fifty-five pounds sixteen shillings and nine-pence to defray the expense of the Department of the Harbour Master at Newcastle and any sum or sums of money not exceeding four hundred and sixteen pounds nine shillings and seven- pence to defray the expense of the Harbour Master at Port Mac- quarie and any sum or sums of money not exceeding two hundred and forty-eight pounds to defray the expense of the Telegraph Stations and any sum or sums of money not exceeding two hundred pounds to defray the expense of the Australian Museum and any sum or sums of money not exceeding nine hundred and fifty pounds to defray the salaries of the Colonial Agent General and the British Resident at New Zealand and to meet the expense of donations of provisions and clothing to the New Zealand Chiefs and Natives and any sum or sums of money not exceeding one thousand eight hundred and seventy-three pounds two shillings and eleven-pence to defray the expense of the Colonial Storekeeper's Department.

L — V O L . 2. 4

4. And be it enacted That out of the produce of the said duties
there shall and may be issued and applied any sum or sums of money
not exceeding eighteen thousand one hundred and thirty-nine pounds
and ten shillings to defray the expense of the Surveyor General's
Department.

5. And be it enacted That out of the produce of the said duties there shall and may be issued and applied any sum or sums of money not exceeding twentv-one thousand seven hundred and eightv-seven pounds eleven shillings and three-pence to defray the expense of the lload Branch of the Colonial Boyal Engineer's Department.

6. And be it enacted That out of the produce of the said duties there shall and may be issued and applied any sum or sums of money not exceeding four thousand one hundred and eighty-two pounds eleven shillings and three-pence to defray the expense of the Depart­ ment of the Town Surveyor of Sydney.

7. And be it enacted That out of the produce of the said duties there shall and may be issued and applied any sum or sums of money not exceeding twenty-four thousand and thirteen pounds six shillings and eight-pence to defray the charge of the Judicial Establishment of the said Colony for the year one thousand eight hundred and thirty- nine as hereinafter more particularly expressed that is to say any sum or sums of money not exceeding eight thousand one hundred and seventy-nine pounds eleven shillings and eight-pence to defray the expense of the Supreme Court and any sum or sums of money not exceeding four thousand and fifty-three pounds seventeen shillings and sixpence to defray the expense of the Law Officers of the Crown and any sum or sums of money not exceeding two thousand nine hundred and eighty-one pounds eighteen shillings and nine-pence to defray the expense of Courts of Bequests and any sum or sums of money not exceeding four thousand two hundred and fifty-six pounds to defray the expense of Courts of Quarter Sessions and any. sum or sums of money not exceeding two thousand nine hundred and twenty- one pounds eighteen shillings and nine-pence to defray the expense of the Sheriff's Department and any sum or sums of money not exceeding one thousand six hundred and twenty pounds to defray the salaries of Coroners and the expense of Inquests.

8. And be it enacted That out of the produce of the said

duties there shall and may be issued and applied any sum or sums of

money not exceeding sixty-eight thousand and fifty-six pounds six

shillings and eight-pence to defray the charge of the Police and Gaol

hundred and thirty-nine as hereinafter more particularly expressed that is to say any sum or sums of money not exceeding fourteen thousand three hundred and seventy-seven pounds nineteen shillings and two-pence to defray the expense of the Police for the Town of Sydney and any sum or sums of money not exceeding thirty thousand four hundred and ninety pounds eighteen shillings and nine-pence to defray the expense of the Police for the Country Districts and any sum or sums of money not exceeding twelve thousand two hundred and seventy-six pounds and fifteen shillings to defray the expense of the Mounted Police and any sum or sums of money not exceeding four thousand five hundred and eighty-nine pounds seventeen shillings and sixpence to defray the expense of the Sydney Gaol and any sum or sums of money not exceeding seven hundred and one pounds eleven shillings and three-pence to defray the expense of the Debtors' Prison Sydney and any sum or sums of money not exceeding five thousand six hundred and nineteen pounds and five shillings to defray the expense of the Gaols in the Country Districts.

Establishment of New South Wales for the year one thousand eight

9. And be it enacted That out of the produce of the said duties there shall and may be issued and applied any sum or sums of money not exceeding thirty-one thousand two hundred and ninety-three pounds and ten shillings to defray the charge of the Church Estab­ lishments of the said Colony for the year one thousand eight hundred and thirty-nine as hereinafter more particularly expressed that is to say any sum or sums of money not exceeding seventeen thousand seven hundred and forty-three pounds and ten shillings to defray the expense of the Episcopalian Clergy and Churches and any sum or sums of money not exceeding four thousand and fifty pounds to defray the expense of the Presbyterian Clergy and Churches and any sum or sums of money not exceeding one thousand two hundred pounds to defray the expense of certain Presbyterian Clergv disclaiming the jurisdiction of the Presbytery of New South Wales but professing to hold the standards of the Church of Scotland and Churches for the same and any sum or sums of money not exceeding five thousand five hundred pounds to defray the expense of the Roman Catholic Clergy and Churches and any sum or sums of money not exceeding two thousand eight hundred pounds to defray the expense of the Clergy of the Religious Societies denominated Wesleyan Methodists Independents and Baptists and Churches for the same.

10. And be it enacted That out of the produce of the said duties there shall and may be issued and applied any sum or sums of money not exceeding thirteen thousand one hundred and forty-five pounds to defray the charge of the School Establishments of the said Colony for the year one thousand eight hundred and thirty-nine as hereinafter more particularly expressed that is to say any sum or sums of money not exceeding three thousand three hundred pounds to defray the expense of the Male Orphan School and any sum or sums of money not exceeding three thousand two hundred and seventy pounds to defray the expense of the Female Orphan School and any sum or sums of money not exceeding two thousand nine hundred and fifty pounds towards the support of the Parochial Schools of the Church of England at present established in the said Colony and any sum or sums of money not exceeding one thousand one hundred pounds towards the support of Roman Catholic Schools at present established in the said Colony and any sum or sums of money not exceeding one thousand pounds towards the support of destitute Roman Catholic Children and any sum or sums of money not exceeding one thousand two hundred and seventy-five pounds towards

the support and establishment of Presbyterian Schools in sums not	exceeding the amount of private contributions and any sum or sums
of money not exceeding two hundred and fifty pounds towards the support and establishment of Schools of the Religious Societies denominated Wesleyan Methodists Independents and Baptists in sums not exceeding the amount of private contributions.

11. And be it enacted That out of the produce of the said

duties there shall and may be issued and applied any sum or sums of money not exceeding three hundred and twenty pounds to defray the charge on the Colonial Treasury for Pensions payable in England.

12. And he it enacted That out of the produce of the said duties there shall and may be issued and applied any sum or sums of money not exceeding two thousand eight hundred and seventy pounds to defray the charge on the Colonial Treasury for Pensions payable in the said Colony as hereinafter more particularly expressed that is to say any sum or sums of money not exceeding seven hundred pounds to defray the charge of a pension to Sir Francis Forbes late Chief Justice of the said Colony and any sum or sums of money not exceed­ ing one thousand seven hundred and fifty pounds to defray the present

value

value of a pension to Alexander M'Leay Esquire late Colonial Secretary of the said Colony at the rate of two hundred and lifty pounds per annum commencing from the first of J a n u a r y one thousand eight hundred and thirty-nine and to he regarded only as an advance in part payment of the larger amount recommended in the Minutes of the Legislative Council to he paid to him should the Eight Honor­ able the Secretary of State approve of the same and any sum or sums of money not exceeding two hundred pounds to defray the charge of a pension to the "Widow of the late Governor King and any sum or sums of money not exceeding one hundred pounds to defray the charge of a pension to the "Widow of the late Colonial Surgeon Mileham and any sum or sums of money not exceeding seventy pounds to Mr. Thomas Taber senior late Master of the Public School and Clerk of Saint Phillip's Church Sydney and any sum or sums of money not exceeding fifty pounds to defray the charge of a pension to Mr. Joseph Harpe r late Master of the Public School Windsor.

13. And be it enacted That out of the produce of the said duties there shall and may be issued and applied any sum or sums of money not exceeding eighty-eight thousand six hundred and ninety-one pounds and ten-pence to defray the charge for Miscellaneous Services of the said Colony for the year one thousand eight hundred and thirty-nine as hereinafter more particularly expressed that is to say any sum or sums of money not exceeding two hundred and fifty pounds to defray the rent of the house in Macquarie-place occupied as Public Offices and any sum or sums of money not exceeding eleven thousand five hundred pounds to meet Drawbacks on the re-exporta­ tion of foreign Goods and the restitution of duty on Spirits issued to the Troops by the several contractors and any sum or sums of money not exceeding one thousand pounds to defray the expense of the Commission for hearing and determining on Claims to Grants of Land and any sum or sums of money not exceeding three hundred and eighty pounds to defray the expense of the management of the Church and School Estates and any sum or sums of money not exceeding fifty-four pounds and fifteen shillings to defray the expense of forage allowance to the Military Commandant at Bathurst and any sum or sums of money not exceeding two hundred pounds towards the support of the Sydney School of Arts and any sum or sums of money not exceeding three thousand pounds to defray the expense of Stationery Printing Book-binding Gazettes and Almanacks for the several Colonial Departments and any sum or sums of money not exceeding one thousand

pounds to defray the expense of furniture for Government Houses and Public Offices and any sum or sums of money not exceeding three

hundred and fifty pounds to defray the expense of fuel and light for

the several Colonial Departments and any sum or sums of money not exceeding four hundred pounds to defray the expense of lighting the public lamps in the Town of Sydney and any sum or sums of money not exceeding one hundred and five pounds to defray the expense of Eiremen to work the Engines in Sydney when required and any sum or sums of money not exceeding five thousand pounds to defray in part the expense of building a new Government House in Sydney and any sum or sums of money not exceeding five thousand pounds towards defraying the expense of building a new Gaol at Darlinghurst Sydney and any sum or sums of money not exceeding one thousand five hun­ dred pounds towards defraying the expense of erecting additional Offices llecord Booms Carriage Sheds and Offices at the new Criminal Court­ house at Darlinghurst Sydney and any sum or sums of money no t exceeding two thousand five hundred pounds towards the expense of erecting a Gaol at Parramatta and any sum or sums of money not exceeding two thousand five hundred pounds toAvards the expense of

erecting

erecting a Gaol at Maitland and any sum or sums of money not exceeding one thousand pounds towards the expense of erecting a Court-house at Queanbeyan and any sums or sums of money not exceeding one thousand pounds towards the expense of erecting a Court-house in the Police District of Raymond Terrace Butterwick and Seaham and any sum or sums of money not exceeding two thousand pounds to defray the expense of casual repairs to Govern­ ment Houses Courts of Justice and other Colonial Public Buildings and any sum or sums of money not exceeding seven thousand six hundred pounds to meet the amount of contracts for conveying stone from Pennant Hills for metalling the streets of Sydney for curbing the footways and the constructing drains and sewers and any sum or sums of money not exceeding ten thousand pounds to meet the amount of contracts for repairing roads and the conveyance of metal and any sum or sums of money not exceeding eight thousand pounds to meet the amount of contracts for constructing new bridges and drains and any sum or sums of money not exceeding two thousand pounds to defray the expense of repairing bridges and drains and anv sum or sums of monev not exceeding two thousand pounds to defray the expense of erecting fencing on new lines of roads and elsewhere as may be required and any sum or sums of money not exceeding two thousand eight hundred and forty-four pounds twelve shillings and sixpence towards the expense of constructing an embankment at the head of the Tunnel repairing the Tunnel and erecting fountains for supplying Sydney with water and any sum or sums of money not exceeding six thousand nine hundred and seventy- seven pounds towards the expense of forming a Circular Quay in Sydney Cove and any sum or sums of money not exceeding one thousand two hundred pounds towards the expense of forming a basin at the Breakwater at Wollongong and any sum or sums of money not exceeding six hundred and twenty-five pounds and fifteen shillings towards the expense of completing the clearing of Parramatta River and any sum or sums of money not exceeding one thousand two hun­ dred and three pounds eighteen shillings and four-pence towards the expense of completing the Breakwater at Newcastle and any sum or sums of money not exceeding three thousand pounds to defray the expense of supporting free paupers in the Colonial Hospitals and any sum or sums of money not exceeding five hundred pounds to defray the expense of supporting free paupers in the Lunatic Asylum and any sum or sums of money not exceeding four thousand pounds to

meet unforeseen expenses on cases of emergency to be hereafter accounted for.
14. And be it enacted That the Treasurer of the said Colony shall issue and pay the said several sums to such persons for the purposes hereinbefore mentioned upon such days and in such pro­ portions as the Governor for the time being by any warrant or order in writing to he signed by him shall from time to time order and direct and that the payments so to be made shall be charged upon and payable out of the Revenues of the said Colony.

15. And be it enacted That the said Treasurer shall in his accounts from time to time be allowed credit for any sum or sums of money paid by him in pursuance of such warrant or order in writing i as aforesaid and that the receipt or receipts of the-respective persons to whom the same shall be so paid shall be a full and valid discharge to the said Treasurer in passing his said accounts for any such sum or sums as shall be therein mentioned and that he shall and do receive credit for the same accordingly.

No. XVI .