Appropriation Act 1840 No 25a (NSW)

No. XX.

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 forty-one and for further appropriating the said Revenue. [16th October, 1840.]

W H E R E A S by a certain Act of Parliament passed in the ninth intituled "An Act to provide for the Administration of Justice in New

year of the reign of His late Majesty King George the Fourth

" South Wales and Van Diemen's Land and for the more effectual " Government thereof and for other purposes relating thereto" it was among 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 sum of forty-eight thousand three hundred and twenty-two pounds one shilling and ten-pence voted but not required for the service of the year one thousand eight hundred and thirty-nine there shall and may be issued and applied any sum or sums of money not exceeding forty- six thousand two hundred and eleven pounds eleven shillings and sixpence to supply deficiencies in the amount appropriated for certain Departments and Services for the said year.

2. And be it enacted That out of the produce of the said duties there shall and may bo issued and applied any sum or sums of money not exceeding twenty-two thousand nine hundred and eighty-eight pounds nineteen shillings and nine-pence to defray the supplementary charge on the Colonial Treasury for the service of the year one thousand eight hundred and forty as hereinafter more particularly expressed that is to say any sum or sums of money not exceeding five hundred and ninety-nine pounds eighteen shillings and five-pence to defray the supplementary expense of the Department of the Councils and any sum or sums of money not exceeding four thousand two hundred and eighty-eight pounds and eight shillings to defray the supplementary expense of the Postmaster General's Department including the sum of one hundred and fifty pounds to provide Stamps for the Country Post Offices exhibiting the dates of the receipt and dispatch of letters and any sum or sums of money not exceeding one hundred and nine pounds and sixteen shillings to defray the supple­ mentary expense of the Colonial Storekeeper's Department and any sum or sums of money not exceeding three hundred and fifty pounds to provide a salary for the District Surveyor Sydney and any sum or sums

sums of money not exceeding three hundred and seventy-nine pounds and three shillings towards the erection of the Parochial School of Saint Philip Sydney sums to an equal amount having been raised by private contributions and any sum or sums of money not exceeding thirty-one pounds nineteen shillings and ten-pence in aid of private contributions to a like amount for the Wesleyan Methodist Sunday Schools Sydney and any sum or sums of money not exceeding one hundred and eighty-three pounds fourteen shillings and sixpence in aid of private contributions to a like amount for the Australian School Society and any sum or sums of money not exceeding three hundred and fifty pounds and twelve shillings in aid of private contributions to a like amount for the Sydney Dispensary and any sum or sums of money not exceeding ninety-three pounds and thirteen shillings in aid of private contributions to a like amount for the Sydney Strangers' Friend Society and any sum or sums of money not exceeding seven hundred and fifty-four pounds and fifteen shillings to defray the difference to Colonel Kenneth Snodgrass between the sum of one thousand pounds proposed on the eleventh day of October one thousand eight hundred and thirty-eight by Resolution of the Legisla­ tive Council to be paid to him for extra services rendered to the said Colony while holding the appointment of Brigade Major and the sum of two hundred and forty-five pounds and five shillings already paid to him out of the Military Chest and any sum or sums of money not exceeding six hundred pounds to meet the retired allowance of three hundred pounds to Frederick Garling Esquire late Clerk of the Peace and the further allowance of three hundred pounds on condition of his properly arranging and giving over the Records of his late office and any sum or sums of money not exceeding five thousand pounds towards building the new Gaol at Darlinghurst and any sum or sums of money not exceeding four thousand pounds towards building the new Gaol at Parramatta and any sum or sums of money not exceeding one thousand pounds for draining fencing and other extra work at the Lunatic Asylum Tarban Creek and any sum or sums of money not exceeding five hundred pounds. by way of gratuity to Mr. Surveyor Hoddle who after upwards of seventeen years service now retires in infirm health and any sum or sums of money not exceeding six hundred and eleven pounds to defray the supplementary expense of the Town Surveyor's Department and any sum or sums of money not exceeding one thousand six hundred pounds towards defraying the expense of building a Strong Room for preserving the Colonial Records and of a Vault for the Treasury beneath it and any sum or sums of	money not exceeding two thousand five hundred and thirty-six pounds
towards indemnifying Thomas Moore Esquire for the loss he sustained
by the sale of the Burwood Estate in the year one thousand eight hundred and twelve under a Commission by the late Governor Mac- quarie and with the approbation of the Judge and members of the then subsisting Court of Civil Jurisdiction as directed and required by the said Commission.
3. 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 forty-nine thousand nine hundred and fifty- nine pounds four shillings and seven-pence for defraying the charge of the Civil Establishment of New South Wales for the year one thousand eight hundred and forty-one as hereinafter more particularly expressed that is to say any sum or sums of money not exceeding five hundred and eighty pounds one shilling and three-pence to defray the expense of the Establishment of His Excellency the Governor and any sum or sums of money not exceeding one thousand four hundred and thirty-five pounds eight shillings and nine-pence to defray the

expense

expense of the Department of the Executive and Legislative Councils and any sum or sums of money not exceeding seven thousand two hundred and two pounds and five-pence to defray the expense of the Department of the Colonial Secretary and any sum or sums of money not exceeding four thousand and twenty-seven 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 five hundred and seventy-nine pounds eight shillings and nine-pence to defray the expense of the Auditor General's Department and any sum or sums of money not exceeding eight thousand two hundred and forty-six pounds fourteen shillings and seven-pence to defray the expense of the Customs' Department at Sydney and any sum or sums of money not exceeding three hundred and eighty-six pounds sixteen shillings and three-pence to defray the expense of the Customs' Department at Newcastle and any sum or sums of money not exceeding sixteen thousand eight hundred and ninety- seven 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 four hundred and six pounds eighteen shillings and nine-pence to defray the salaries and allowances of Inspectors of Colonial Distilleries and any sum or sums of money not exceeding two hundred pounds to defray the salary and allowance of the Inspec­ tor of Slaughter-houses Sydney 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 Convicts and any sum or sums of money not exceeding nine hundred and forty-six pounds and ten shillings to defray the expense of the Department of the Colonial Botanist and any sum or sums of money not exceeding eight hundred and eighty- eight pounds and five shillings to defray the expense of the Govern­ ment Domain Parramatta and any sum or sums of money not exceed­ ing two hundred pounds to defray the expense of the Australian Museum and any sum or sums of money not exceeding one thousand four hundred and forty pounds eleven shillings and seven-pence to defray the expense of the Colonial Storekeeper's Department and any sum or sums of money not exceeding one thousand seven hundred and sixty-six pounds and five-pence to defray the expense of the Harbour Master's Department Sydney and any sum or sums of money not exceeding four hundred and eighteen pounds seventeen shillings and one penny to defray the expense of the Light-house at the South Head

hundred and sixty-seven pounds seventeen shillings and sixpence to	of Port Jackson and any sum or sums of money not exceeding four
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 ninety-two pounds and three shillings to defray the expense of the Har­ bour Master's Department at Newcastle and any sum or sums of money not exceeding two hundred and fifty pounds three shillings and four- pence to defray the expense of the Harbour Master's Department at Port Macquarie and any sum or sums of money not exceeding four hundred and thirty pounds seventeen shillings and sixpence to defray the expense of the Telegraph Stations and any sum or sums of money not exceeding three hundred pounds to defray the salary of the Health Officer Port Jackson and any sum or sums of money not exceeding two hundred and fifty pounds to defray the salary of the Colonial Agent General.
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 eight hundred and forty pounds thirteen shillings and four-pence for defraying the charge of

the

the Surveyor General's Department in the said Colony for the year
one thousand eight hundred and forty-one.

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 seventy-five thousand four hundred and fifty-three pounds seven shillings and ten-pence for defraying the charge of the Depart­ ment of Public Works and Buildings in the said Colony for the year one thousand eight hundred and forty-one as hereinafter more particu­ larly expressed that is to say any sum or sums of money not exceeding nineteen thousand and twenty-one pounds seven shillings and eight- pence to defray the expense of the Department of the Colonial Engineer and any sum or sums of money not exceeding twenty-four thousand eight hundred pounds to defray the expense of Public Works and any sum or sums of money not exceeding one thousand six hundred and nine pounds and ten shillings to defray the expense of the Department of the Colonial Architect and Surveyor of Buildings and any sum or sums of money not exceeding twenty-live thousand five hundred pounds to defray the expense of Public Buildings and any sum or sums of money not exceeding three thousand one hundred and seventy-two pounds ten shillings and two-pence to defray the expense of the Department of the Town Surveyor Sydney and any sum or sums of money not exceeding one thousand pounds to defray the expense of conveying Stone for metalling the Streets of Sydney and any sum or sums of money not exceeding three hundred and fifty pounds to defray the salary of the District Surveyor of Buildings Sydney.

G. 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 two hundred and eighty-seven pounds and three shillings for defraying the charge of the Judicial Establishment of the said Colony for the year one thousand eight hundred and forty-one as hereinafter more particularly expressed that is to say any sum or sums of money not exceeding seven thousand two hundred and forty-four 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 forty-four pounds and ten shillings 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 seventy pounds fifteen shillings and one penny to defray the expense of Courts of Requests and any sum or sums of money not exceeding four thousand eight hundred and seventy-eight pounds to	defray the expense of Courts of Quarter Sessions and any sum or sums
of money not exceeding three thousand two hundred and ninety-five
pounds eight shillings and nine-pence to defray the expense of the Sheriff's Department and any sum or sums of money not exceeding one thousand eight hundred and fifty-three pounds seventeen shillings and sixpence to defray the salaries of Coroners and the expense of Inquests.
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 ninety-four thousand and eleven pounds eleven shillings and sixpence for defraying the charge of the Police and Gaol Establishments of New South Wales for the year one thousand eight hundred and forty-one as hereinafter more particularly expressed that is to say any sum or sums of money not exceeding fourteen thousand one hundred and fifty pounds sixteen shillings and eight-pence to defray the expense of Police for the Town of Sydney and any sum or sums of money not exceeding thirty-five thousand seven hundred and eight pounds five shillings and ten-pence to defray the expense of Police for the Country Districts and any sum or sums

of

of money not exceeding nineteen thousand six hundred and fifty pounds eleven shillings and nine-pence to defray the expense of the Mounted Police and any sum or sums of money not exceeding ten thousand nine hundred and sixty-five pounds to defray the expense of the Border Police and any sum or sums of money not exceeding six thousand one hundred and forty-two pounds nine shillings and four- pence to defray the expense of the Sydney Gaol and any sum or sums of money not exceeding six hundred and eighty-four pounds sixteen shillings and eight-pence to defray the expense of the Debtors' Prison Sydney and any sum or sums of money not exceeding six thousand seven hundred and nine pounds eleven shillings and three-pence to defray the expense of Gaols in the Country Districts.

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 thirty-eight thousand three hundred and twenty-one pounds and ten shillings for defraying the charge of the Church Establishments of the said Colony for the year one thousand eight hundred and forty-one as hereinafter more particularly expressed that is to say any sum or sums of money not exceeding eighteen thousand three hundred and seventy-one pounds and ten shillings (including the sum of six thousand pounds towards the erection of Churches and Ministers' Dwellings on condition of sums to an equal amount being raised by private contributions) to defray the expense of the Establish­ ment of the United Church of England and Ireland and any sum or sums of money not exceeding six thousand eight hundred pounds (including the sum of three thousand one hundred and fifty pounds towards the erection of Churches and Ministers' Dwellings on con­ dition of sums to an equal amount being raised by private contri­ butions) to defray the expense of the Presbyterian Church in con­ nexion with the Established Church of Scotland and any sum or sums of money not exceeding three thousand four hundred and fifty pounds (including the sum of two thousand pounds towards the erection of Chapels and Ministers' Dwellings on condition of sums to an equal amount being raised by private contributions) to defray the expense of the Wesleyan Mission and any sum or sums of money not exceed­ ing eight hundred and fifty pounds towards defraying the expense of erecting Particular Baptist Chapels and Ministers' Dwellings on condition of sums to an equal amount being raised by private sub­ scriptions and any sum or sums of money not exceeding eight thousand eight hundred and fifty pounds (including the sum of three thousand	pounds towards erecting Chapels and Ministers' Dwellings on condition	of sums to an equal amount being raised by private contributions) to
defray the expense of the Establishment of the Roman Catholic Church.
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 sixteen thousand nine hundred and forty-four pounds two shillings and nine-pence for defraying the charge of the School Establishments of the said Colony for the year one thousand eight hundred and forty-one as hereinafter more particularly expressed that is to say any sum or sums of money not exceeding three thousand one hundred and seventy-two pounds to defray the expense of the Male Orphan School and any sum or sums of money not exceeding three thousand and twenty-two pounds two shillings and nine-pence to defray the expense of the Female Orphan School and any sum or sums of money not exceeding one thousand five hundred pounds to defray the expense of Orphan Schools for destitute Roman Catholic Children and any sum or sums of money not exceeding three thousand nine hundred and fifty pounds (including the sum of one thousand

2 U—VOL. 2. pounds

pounds on condition of sums to an equal amount being raised by private contributions) to defray the expense of Schools of the Church of England and any sum or sums of money not exceeding one thousand five hundred pounds towards the support of Presbyterian Schools on condition of sums to an equal amount being raised by private subscriptions and any sum or sums of money not exceeding three hundred and fifty pounds towards the support of Wesleyan Methodist Day Schools on condition of sums to an equal amount being raised by private subscriptions and any sum or sums of money not exceeding one thousand four hundred and fifty pounds (including the sum of seven hundred pounds on condition of sums to an equal amount being raised by private contributions) to defray the expense of Roman Catholic Schools and any sum or sums of money not exceeding two thousand pounds towards defraying the expense of building new Orphan Schools at Parramatta.

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 one thousand six hundred and seventy pounds for defraying the charge of Pensions payable by the said Colony in the year one thousand eight hundred and forty-one 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 expense of Pensions payable in England and any sum or sums of money not exceeding one thousand four hundred and twenty pounds to defray the expense of Pensions payable in the said Colony.

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 eighteen thousand eight hundred and seventy- one pounds for defraying the charge of Miscellaneous Services of the said Colony for the year one thousand eight hundred and forty-one as hereinafter more particularly expressed that is to say 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 one thousand and sixteen pounds to defray the expense of the manage­ ment of the Clergy and School Estates 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 four thousand pounds to defray the expense of Stationery Printing

ments and any sum or sums of money not exceeding six hundred

Bookbinding Gazettes and Almanacks for the several Colonial Depart­

pounds to defray the expense of Furniture for Government Houses and Public Offices and any sum or sums of money not exceeding four hundred and fifty pounds to defray the expense of Fuel and Light for Government Houses and the several Public Offices and any sum or sums of money not exceeding three hundred pounds to defray the expense of conveying Stores to the several Public Departments and any sum or sums of money not exceeding two hundred pounds to defray the expense of lighting the Government 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 training Firemen to work the Engines in Sydney when required and any sum or sums of money not exceeding two thousand five hundred pounds to defray the expense of the support of free Paupers in the Colonial Hospitals and any sum or sums of money not exceeding one thousand five hundred pounds towards the support of the Lunatic Asylum and any sum or sums of money not exceeding seven thousand pounds to meet unforeseen expenses on occasions of emergency and to be hereafter accounted for.

12. 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-three thousand eight hundred and ninety-one pounds four shillings and five-pence for defraying the charge of the Establishments at Port Phillip for the year one thousand eight hun­ dred and forty-one as hereinafter more particularly expressed that is to say any sum or sums of money not exceeding one thousand two hundred and four pounds to defray the expense of the Establishment of His Honor the Superintendent of the District of Port Phillip and any sum or sums of money not exceeding one thousand eight hundred and twelve pounds ten shillings and eight-pence to defray the expense of the Establishment of the Sub-Treasurer at Port Phillip and any sum or sums of money not exceeding four thousand three hundred and two pounds three shillings and nine-pence to defray the expense of the Establishment of the Sub-Collector of Customs at Port Phillip and any sum or sums of money not exceeding two thousand one hun­ dred and five pounds and ten shillings to defray the expense of the Post Office Establishment at Port Phillip and any sum or sums of money not exceeding two thousand eight hundred and seventy-seven pounds two shillings and six-pence to defray the expense of the Estab­ lishment of the Harbour Master at Port Phillip and any sum or sums of money not exceeding three hundred and twelve pounds and fifteen shillings to defray the expense of Light-houses at Port Phillip and Williams Town and any sum or sums of money not exceeding five thousand six hundred and ninety-one pounds eighteen shillings and four-pence for the Surveyor General's Establishment at Port Phillip and any sum or sums of money not exceeding five thousand and twenty-four pounds nine shillings and two-pence to defray the expense of Public Works at Port Phillip and any sum or sums of money not exceeding twenty thousand five hundred pounds to defray the expense of Public Buildings at Port Phillip and any sum or sums of money not exceeding four hundred pounds to defray the salary of the Clerk of the Crown at Port Phillip and any sum or sums of money not exceeding one thousand and ninety pounds to defray the expense of Courts of Quarter Sessions at Port Phillip and any sum. or sums of money not exceeding one thousand two hundred and ninety-one pounds sixteen shillings and three-pence to defray the expense of the Sheriff's Establishment at Port Phillip and any sum or sums of money not exceeding one hundred and eighty pounds to defray the salary of a Coroner and the expense of Inquests at Port Phillip and

any sum or sums of money not exceeding one thousand seven hundred
and fifty-eight pounds three shillings and nine-pence to defray the

expense of the Police at Melbourne in the District of Port Phillip and any sum or sums of money not exceeding one thousand and thirteen pounds thirteen shillings and nine-pence to defray the expense of the Police at Geelong in the District of Port Phillip and any sum or sums of money not exceeding seven hundred and forty-seven pounds eighteen shillings and nine-pence to defray the expense of the Police at Portland Bay in the District of Port Phillip and any sum or sums of money not exceeding four thousand eight hundred and eight pounds sixteen shillings and eight-pence to defray the expense of the Mounted Police for the District of Port Phillip and any sum or sums of money not exceeding three thousand five hundred and ninety-one pounds and five shillings to defray the expense of the Border Police for the District of Port Phillip and any sum or sums of money not exceeding one thousand pounds to defray the expense of the Native Police at Port Phillip and any sum or sums of money not exceeding two thousand nine hundred and fifty pounds (including the sum of two thousand pounds towards the erection of Churches and Ministers' Dwellings on

condition

condition of sums to an equal amount being raised by private contribu­ tions) to defray the expense of the Ecclesiastical Establishments at Port Phillip and any sum or sums of money not exceeding seven hundred and fifty pounds in aid of the establishment and support of Schools at Port Phillip on condition of sums to an equal amount being raised by private contributions and any sum or sums of money not exceeding four hundred and seventy-nine pounds and ten-pence to defray the expense of the Medical Establishment at Port Phillip.

13. And be it enacted That the Treasurer of the said Colony shall issue and pay the said several sums to such persons for the pur­ poses hereinbefore mentioned upon such days and in such proportions as the Governor for the time being by any warrant or order in writing to be 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.

14. 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 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.