No. XV.
An Act to separate Campbelltown and Appin from Camden Narrellan and Pic ton and to erect Campbelltown and Appin into a District having a Council for itself. [15th December, 1843.]
| WH E R E A S | and I r e l and passed in t h e fifth and | s ix th year of t h e r e ign of |
| by an Ac t | of | the I m p e r i a l | P a r l i a m e n t | of | Grea t | Br i t a in |
| H e r presen t Majesty | Queen Victor ia in t i tu led " An Act | for | the |
| Government of New South Wales and Van Diemen's Land" | after |
| reci t ing t h a t | i t would be expedient t o m a k e provision | for t h e | local |
| government of t h e different pa r t s of t h e said Colony of N e w | South |
| Wales i t was amongs t other t i l ings enacted t h a t it should be lawful | for |
| t h e | Governor of t h e said Colony by Le t te r s P a t e n t | u n d e r t he Grea t | Seal |
of t h e said Colony of N e w South Wales to incorpora te t he i nhab i t an t s of every county wi th in t h e said Colony or of such pa r t s of count ies or o ther divisions as to h im should seem lit to form Dis t r ic ts for t h e pu r poses of the said reci ted Act and by such several Le t t e r s P a t e n t t o establish a Council in every such District for t h e local government thereof subject to cer tain provisions in t he said reci ted Ac t contained
| and whereas by Le t te r s Pa ten t as aforesaid bea r ing date the | seventeenth |
| day of A u g u s t | one thousand | e ight hund red and for ty- three t he Distr ic ts |
of Campbe l l town Camden Nar re l l an and P ic ton were incorporated in to one Dis t r i c t for t he purposes of the said recited A c t and t h e metes and bounds thereof were set forth in t he said Le t t e r s P a t e n t and were deemed a n d he ld to inc lude all t h a t pa r t of t h e Terr i tory of N e w
| South W a l e s | a n d whereas i t is provided | by t h e said | reci ted Ac t | t h a t |
| no tw i th s t and ing any such Char te r of Incorpora t ion i t should be | lawful |
| for t h e Governor a n d Legislat ive Council of t h e said Colony to | m a k e |
fur ther or o ther provisions respect ing t he cons t i tu t ion of t h e said Councils in any way which m i g h t he found expedient so t h a t the same should no t he r e p u g n a n t to t h e said rec i ted A c t or to t he law of E n g l a n d a n d to a l te r t he n u m h e r and boundar ies of t h e said Dis t r ic t s and to establ ish a Counci l in each of such new Dis t r ic ts and whereas i t is expedient to a l ter t h e boundar ies of t he said Dis t r ic t of Campbel l - town Camden N a r r e l l a n and P ic ton as declared a n d established by the
| said Le t t e r s | P a t e n t | and | to | separa te t h e | Dis t r ic t s of | Campbel l town | and |
| A p p i n | from | t h e | said | Dis t r ic t s of | Camden | Na r r e l l an and P ic ton | and |
to cons t i tu te t h e said Dis t r ic t s of Campbel l town and A p p i n in to a Dis t r ic t for t he purposes of t he said reci ted Ac t and to incorpora te t h e inhab i t an t s of t he said Dis t r ic t of Campbe l l town and A p p i n and to establ ish a Counci l for t h e same Be i t therefore enacted by H i s Excel lency t h e Governor of N e w Sou th Wales wi th t h e advice a n d consent of t he Legislat ive Counci l thereof Tha t t h e boundar ies of t he said Dis t r ic t s of Campbel l town a n d Camden a n d Nar re l l an a n d
| P ic ton | as directed and | established by the said Le t te r s P a t e n t | shall |
| be al tered as hereinafter | men t ioned | and t h a t t h e | said | Dis t r ic t s of |
| Campbe l l town a n d A p p i n shall be separated and the | same a re hereby |
| separated from | the said Dis t r ic t s of Camden Nar re l l an a n d P ic ton | and |
| t h e said Dis t r ic t s of | Camden Na r r e l l an and | P ic ton are | he reby | consti |
t u t e d a dist inct and independent Dis t r ic t for t h e purposes of t he said hereinbefore in p a r t reci ted A c t and shal l con t inue as one incorpora ted Dis t r ic t in t h e same m a n n e r and to all i n t en t s and purposes as if t h e
| Dis t r ic t of | Campbel l town | h a d no t been | separated therefrom | a n d | t h a t |
| t h e appo in tmen t | of | W a r d e n | a n d | Counci l lors | unde r | t h e | said Char t e r of |
| Incorpora t ion | by | Le t t e r s | P a t e n t | for | t he | Dis t r ic t | of | Campbel l town |
| Camden Na r r e l l an and P i c ton shal l con t inue a n d be | deemed | to | be | in |
| full | force for t h e Dis t r i c t of Camden N a r r e l l a n | and P ic ton in t he | same |
| m a n n e r | as if | t h i s A c t h a d not | passed. |
| 2. A n d be i t | enacted Tha t | t h e said Dis t r ic t of | Campbel l town |
| and | A p p i n | and | t h e | i n h a b i t a n t s | thereof | shal l be and t h e | same | are |
| hereby cons t i tu ted a dist inct | and | separa te | Elec tora l Dis t r ic t | for | t h e |
purposes of the said hereinbefore in pa r t reci ted Ac t .
| 3. | A n d be i t enacted | T h a t the re shal l be established w i t h i n | t he |
| said Dis t r ic t a Counci l for t h e local gove rnmen t thereof to consist | of |
| t he member s chosen as hereinafter | ment ioned . |
| 4. A n d be i t enacted T h a t t he said Distr ic t shal l be deemed to include all t h a t pa r t of t h e Ter r i to ry of N e w Sou th Wales s i tuate |
wi th in t he following metes and bounds t h a t is to s ay—Bounded on t h e n o r t h from W a t e r m o l l a boat h a r b o u r by par i sh boundar ies ex tend ing
| westerly to George 's R i v e r be ing t h e boundar ies | dividing t h e | Par i shes |
| of | W a t e r m o l l a | Sou the r l and | and | Ho ldswor thy | from | Bulgo | H e a t h c o t t |
| and Eckers ley thence by George 's R ive r downwards to t h e | bounda ry |
| between Redfern ' s | fa rm | one | t h o u s a n d one hund red | and e igh ty | acres |
| and | Redfern ' s | five h u n d r e d | acres b y t h a t bounda ry and | t h e | boun |
| dary | be tween | t h e | farms | of | O a k h a m | and | B u r n e s | to | B u n b u r y |
| C u r r a n Creek | by t h a t | creek | upwards to Bloodswor th ' s farm | thence |
| by t h e nor th-eas te r ly boundar ies of | t h a t | farm | a n d | of | t h e | farms |
| Underwood Moore a n d Dr iver | to t h e n o r t h | corner of said | Dr iver ' s |
farm on the west by t h e n o r t h e r n bounda ry of Dr ive r ' s farm to Cordeaux farm thence by t h e l ine dividing Dr ive r ' s and pa r t of Moor ' s from Cordeaux farm thence by the l ine d ividing Cordeaux from Townson 's farm thence by t h e l ine dividing Townson 's from Thomson ' s farm and onwards to t h e east corner of Thomson ' s farm and by t h e south-eas te rn bounda ry thereof and by p a r t of the south-western boun dary to t he eas tern corner of K e a r n ' s one h u n d r e d acres thence by the
| bounda ry be tween t h e par ishes of | Nar re l l an and St. Pe t e r ' s | souther ly |
t o
| to t h e cross-cut road which passes t h r o u g h Throshy ' s | five | h u n d r e d | and |
fifty acres a n d by t h a t road to Throsby ' s west bounda ry and by t h a t bounda ry to t he south-west corner of Throsby ' s farm thence by a l ine across Glenlee to t h e middle of t h e l ine which divides Glenlee from Elders l ie a n d thence souther ly by t h a t l ine to Galvin ' s farm and by
| t h e n o r t h e r n and eas tern | boundar ies | of | Galvin ' s farm to the Nepean |
| R ive r a n d by the N e p e a n | River to a po in t thereon about | five | miles |
| sou th of t he confluence of t h a t r iver w i th t he Cordeaux | River | on | t he |
sou th from t h e po in t on t h e N e p e a n las t ment ioned by a l ine bearing- east to the dividing r ange at t he head of t h e Cordeaux River and on t h e east by t h e crest of t h a t r ange to t h e head of t h e Ca ta rac t River and thence by pa r t of the b o u n d a r y between t h e Count ies of Cumber land and Camden be ing a l ine east to t he sea shore near Bul l i and on
| the east by t h e sea to W a t e r m o l l a | aforesaid. |
| 5. A n d be i t enacted | Tha t t h e said Counci l m a y a n d t h e same |
are hereby empowered to have a common seal a n d such seal from t i m e to t ime to break change and al ter as to t h e said Counci l shal l seem fit
| or | expedient . |
| 6. A n d be it enacted Tha t i t shal l be lawful for t he Governor of t h e said Colony to nomina te a n d appoin t | some fit and proper per |
| son to be W a r d e n of | t h e said Distr ic t du r ing t h e pleasure of H e r | said |
Majesty or of t h e Governor for t h e t i m e be ing of t h e said Colony.
| 7. A n d be i t enacted and | declared | That | t h e n u m b e r of | Coun |
cillors for t h e said Dis t r ic t shal l be six who shal l be elected in t he
| m a n n e r | hereinafter | ment ioned. |
8. A n d be i t enacted Tha t in every year a t t h e t imes and in t h e m a n n e r hereinaf ter ment ioned t he r e shal l be elected t he n u m b e r here inafter men t ioned of fit and proper persons to be the Counci l lors of t he said Dis t r ic t to supply t h e vacancies which shal l arise by t h e Council
| lors go ing ou t of office in t he m a n n e r hereinafter | ment ioned . |
| 9. A n d | be it enacted Tha t t h e first Tuesday in F e b r u a r y nex t |
shal l be t h e day of t h e first election of Council lors unde r th is A c t and t h e first Tuesday in F e b r u a r y in every subsequent year shall be t he day of nomina t ion of Council lors in t h e room of those going out of office in t h e m a n n e r hereinafter men t ioned a n d t h a t t he said W a r d e n shal l preside at a mee t ing to be ho lden a t noon at Campbel l town aforesaid and shall declare the purpose for which such mee t ing is held and if t he re be a t such mee t ing no more camdidates proposed t h a n the n u m b e r of Council lors to be elected t h e said W a r d e n shall declare
| such candidates to be duly elected and t h a t in t h e event of t he re be ing |
more candidates t h a n t h e n u m b e r to be elected t h e said W a r d e n shall call for a shew of h a n d s separately in favour of each candida te and u p o n such shew of hands shal l publ ic ly declare on w h o m t h e election has fallen Provided t h a t if a poll be demanded b y some or one of the candidates or by no t less t h a n six electors on the i r or h is behalf a poll for the election of such Council lors shal l t ake place and shall com mence a t t h e different pol l ing places as near ly as m a y be a t n ine o'clock of the forenoon on t h e day n e x t b u t two after t he day of nomi na t ion .
| 10. A n d be i t enacted T h a t du r ing t h e first th ree years | one- |
t h i r d of t he said Dis t r ic t Council lors shall go out of office on t h e first Tuesday in J a n u a r y in each year and t h a t t h e Council lors t o go out of office shal l be those who were elected by the smallest n u m b e r of votes and in t h e event of t he n u m b e r of votes be ing equal or of no poll hav ing t aken place t h e same shall be decided by lot and t h a t in every subsequent year one- th i rd of t he said Council lors shall go out of office on the said first Tuesday in J a n u a r y in t h e following order t h a t is to say t he Council lors to go out of office shall be those who have been longest in
office
| office w i thou t re-elect ion | Provided | however | t h a t | t h e Council lors | so |
| going ou t | of office m a y he re-elected a t t h e n e x t election | if sti l l du ly |
| qualified. |
| 1 1 . A n d | he i t enacted | T h a t a t every election | in | such | Dis t r ic t |
t h e "Warden thereof if i t shal l appear to h i m expedient for t a k i n g t h e pol l a t such election m a y cause booths to be erected or rooms to be h i red a n d used as booths in one place or in several places a t each pol l ing place as occasion m a y requ i re and t h e same shal l be so divided
| in to compar tmen t s | as to t he said W a r d e n shall seem mos t | convenient |
a n d t h e said W a r d e n shal l appoin t a clerk to t ake t h e poll at each compar tmen t and shall before t h e day of election if t he same be con tes ted cause to be furnished for each booth or pol l ing place a copy of t he electoral l ist of t he Dis t r ic t and shal l u n d e r his h a n d certify such
| 12. | A n d be i t enacted T h a t every place w i t h i n t he said | Dis t r ic t |
| a t wh ich Cour t s of P e t t y Sessions have been or shal l be appoin ted | to |
| be holden provided t h a t such Cour t s shall con t inue to be holden | the rea t |
| shal l be a pol l ing place for t a k i n g t h e poll at t h e election of | Council lors |
| for | t h e | said | Dis t r ic t . |
| 13 . A n d | be i t enacted | T h a t t he elect ion of Council lors a t each |
| pol l ing place w i th in t h e | said Dis t r ic t | shal l be he ld before | t h e | W a r d e n |
| for t h e t ime be ing or his depu ty a n d t h e vo t ing a t every such | election |
shall commence as near ly as m a y be a t n ine o'clock in t h e forenoon and shal l finally close at four o'clock in t h e afternoon of t h e same day a n d shal l be conducted in m a n n e r following t h a t is to say every inha b i t a n t en t i t led to vote in t h e election of Council lors m a y vote for any n u m b e r of persons no t exceeding t h e n u m b e r of Counci l lors t h e n to be chosen by delivering to t h e said W a r d e n or his depu ty a vo t ing paper con ta in ing t h e Chr i s t i an and su rnames of t h e persons for w h o m he votes and the i r respective places of abode and descript ions such paper be ing previously signed wi th t he n a m e of t h e elector vot ing and wi th t h e n a m e of t he distr ict or place in which the p rope r ty in respect of which he is qualified to vote is s i tuated.
| 14. A n d | be i t enacted | T h a t | t h e | W a r d e n | of | t he | said Dis t r ic t |
| shal l pres ide a t Campbel l town | aforesaid | be ing t h e chief pol l ing place |
| of t h e said Dis t r ic t and t h a t he shal l | appoin t a depu ty | to act for h i m |
| and t a k e t h e poll a t each | of | t he o ther | pol l ing places | Provided t h a t |
| such | deputy | be appoin ted b y | a wr i t i ng | u n d e r | t h e h a n d | of t h e said |
| W a r d e n | and t h a t | such wr i t i ng be | posted u p a t t h e Cour t H o u s e or | in |
| a n y other publ ic m a n n e r where | such pol l ing | place m a y be s i tua ted | at |
| least seven days before t h e day of elect ion | Provided also t h a t if | t h e |
W a r d e n of t h e said Dis t r ic t shal l be p reven ted by il lness or o ther good and sufficient cause from pres id ing a t t he said election t he senior Council lor of t he said Dis t r ic t as hereinbefore provided or a depu ty of
| t h e said W a r d e n | shal l pres ide in his place. |
| 15 . A n d be i t enacted | Tha t before any candidate for t h e office |
of Council lor shal l be capable of be ing elected he shal l if r equ i red by any elector or b y t h e W a r d e n e i ther m a k e the following declara t ion or cause some person on h is behalf to p roduce a wr i t t en declarat ion to t h e same effect duly signed and executed before a Mag i s t r a t e b y such candidate n o t more t h a n four teen days before t h e day of e lec t ion—
" I A. B . do declare and testify t h a t I a m du ly seised a t law or " in equi ty of a n es ta te of freehold for m y own use and " benefit i n lands or t enemen t s in the Colony of N e w " Sou th W a l e s of t h e year ly value of one hundred pounds " s te r l ing money (or of t h e va lue of two thousand pounds " s te r l ing money as t h e case m a y be) above all charges " and incumbrances affecting t h e same and t h a t I have " not collusively or colourably obtained a t i t le to or
" become
" become possessed of t h e said lands a n d t enement s or any " p a r t thereof for t he purpose of qualifying or enabl ing " me to be r e tu rned a member of t h e Dis t r ic t Council of
| " | Campbel l town | a n d | A p p i n . " |
| 16. A n d be it enacted Tha t in any m a t t e r not provided for | by |
| th i s Ac t | or by t h e A c t | of P a r l i a m e n t | made in t h a t behalf t he | elections |
| shal l be conducted in t he same m a n n e r as t h e | election of Member s |
| t o serve in t h e Legis la t ive Council of t h e | said Colony are | conducted |
| u n d e r | t he law | now or hereafter ex is t ing for t h e regu la t ion of such |
elect ions.
17. A n d be it enacted Tha t if any ex t raord inary vacancy shall be occasioned in t h e office of Council lor t he electors ent i t led to vote shal l upon any day to be fixed by t h e W a r d e n such day not to be l a te r t h a n t h i r t y days from the occurrence of such vacancy elect from those duly qualified to be Counci l lors ano ther person to supply such vacancy and such election shal l be held and the vo t ing and other proceedings in case of a contest shal l be conducted in t h e same m a n n e r a n d subject to t he same provisions as are hereinbefore directed wi th respect to t h e election of Council lors as aforesaid a n d every person so elected (or in t he event of the i r be ing no election every person nomina ted by the Governor to fill t h e said vacancy or vacancies) shal l hold office un t i l t he t ime a t which the person in room of whom he was chosen would have regu la r ly gone out of office and he shall t h e n go out of office b u t shal l be capable of immedia te re-election if t h e n duly qualified Provided t h a t after the full n u m b e r of Council lors t o be regu la r ly elected or in default thereof nomina ted or appoin ted in every year shall have been so elected or nomina ted no new election or nomina t ion of Council lors shall be m a d e by reason of such ext ra o rd ina ry vacancy unless t he n u m b e r of t he whole Council (Warden
| included) r e m a i n i n g after such vacancy shall be less t h a n five in | which |
| case t he n u m b e r of | Council lors for the Dis t r ic t shal l be | completed. |
| 18 . A n d whereas by t h e said reci ted A c t | i t | is fur ther | enacted |
| t h a t | no Dis t r i c t Council lor shall hold any lucrat ive office | or | appoint |
| m e n t | u n d e r such Dis t r ic t | Counci l | or en te r | in to or be | concerned | or |
| in teres ted in any cont rac t or any pecuniary dealings wi th such | Dis t r ic t |
| Counci l u n d e r | a pena l ty | or penal t ies t o be fixed | in t he Le t t e r s | P a t e n t |
of Incorpora t ion Be it therefore enacted T h a t if any Dis t r ic t Coun cillor shall offend in t he premises he shal l for every such offence pay a fine of fifty pounds to t h e Treasurer of t h e Dis t r ic t Council for t h e
| use | of | t h e | Dis t r ic t . |
| 19. A n d be it enac ted That if any person be ing duly qualified |
shal l refuse to t ake upon himself t he office of a Council lor after hav ing been du ly elected or nomina ted to such office every such person shall forfeit and p a y t h e s u m of fifty pounds one moiety thereof to be paid to t he Treasurer of t h e Dis t r ic t for t h e publ ic uses thereof and the o ther moiety to t h e informer.
| 20. A n d be it enacted Tha t | all ques t ions | m a t t e r s | and | th ings |