No. LX.
An Act to remove an Obstruction in a certain
Street called Bourke-street within the City of
| Sydney. | [17 th June, | 1848.] |
| from Woolloomooloo Bay towards Cleveland-street was duly notified | WH E R E A S a cer ta in street pa r t of t h e Ci ty of Sydney k n o w n as t h e Sur ry Hi l l s ex tend ing |
| in t he New South Wales Government Gazette t o he a publ ic s t reet a n d |
| thoroughfare A n d whereas t h e l ine of t h e said s t reet r u n s t h r o u g h a cer ta in piece or parcel of l and original ly g ran ted by the Crown to one J o h n Pa lmer A n d whereas t h e deed of g ran t of the said land does no t conta in any reservat ion for t h e m a k i n g of roads or s t reets and a n obstruct ion has been placed across t h e l ine of t h e said street caus ing great inconvenience to t he publ ic resor t ing to a n d us ing such s treet a n d i t is expedient and necessary t h a t t h e said obs t ruc t ion should be removed Be i t enacted by H i s Excel lency t h e Governor of New South Wales wi th t h e advice and consent of t h e Legis la t ive Counci l thereof T h a t it shall be lawful for t h e Surveyor Genera l of t h e said Colony or such o ther officer of t h e Governmen t thereof as m a y be appoin ted for t h a t purpose by the said Governor to enter upon as m u c h of t he said land so g ran ted to t h e said J o h n Pa lmer or any other l and as is r equ i red and necessary for t h e opening and cont inua t ion of |
| t h e said s t reet called Bourke-s t ree t and t h e footways | thereof | t h r o u g h | |
| t h e said piece or parcel of land g ran t ed as aforesaid and t h a t t h e said Surveyor Genera l or o ther officer as aforesaid shal l have full power a n d au thor i ty by himself or his deput ies w o r k m e n and servants to set ou t ascer ta in and appropr ia te such p a r t of t h e said piece of land or any o ther land as shal l be necessary a n d proper for t he cont inua t ion of t h e said s t reet and for the full use and enjoyment thereof by t he publ ic . |
| called | Bourke-s t ree t | s i tuate | in | t h a t |
| 2. A n d | be it enacted T h a t t h e said l and or soil w h e n so set |
ou t ascer tained and appropr ia ted shall bo and be t aken to be t h e p roper ty of H e r Majesty H e r H e i r s and Successors for t he purpose aforesaid and shall thencefor th be dedicated to t h e publ ic as and for a
| publ ic s t reet and | thoroughfare . |
| 3 . | A n d whereas i t | is j u s t t h a t t h e owner or | owners | propr ie tor |
or propr ie tors of the l and so requi red for t he purpose aforesaid should receive reasonable compensat ion for t he same and in case t h e Gove rnmen t of t he said Colony and the said owners or propr ie tors cannot otherwise agree on the a m o u n t of such compensat ion Be it
| enacted T h a t the said owner or owners propr ie tor or propr ie tors | m a y |
| wi th in two m o n t h s from t h e | pass ing of th i s A c t | serve a notice on | t h e |
| Colonial Secretary of t h e said | Colony se t t ing forth | t he | pa r t i cu la r s | of |
| h is or the i r | claim for | compensat ion | a n d also n a m i n g the re in | such |
| person as he or they m a y desire to act as an a rb i t ra to r for | assessing |
and fixing such compensat ion whereupon ano ther a rb i t ra to r shal l be nomina ted and appointed by t h e Governor of t he said Colony and t h e a rb i t ra to r s so nomina ted and appointed shall have power and au thor i ty to appoin t an u m p i r e to decide in case of difference between them selves and t h e a m o u n t of compensat ion which shall be fixed by t h e
| said a rb i t ra to r s or ump i r e (as t h e case m a y | be) | shall | be | held | to | be |
| t h e s u m to which the said owner or owners propr ie tor or | proprie tors |
| shall be ent i t led and paid. |
| |