No. XXIII.
An Act for the appointment of Commissioners for managing and upholding the Public Reservoir for the Supply of Water to the Inhabitants of Campbelltown and for other purposes relating thereto. [10th November, 1854.]
| WH E R E A S a Reservoir has been established in t he Town of Campbel l town in t h e County of Cumber l and a t t he public | expense for t he purpose of providing a supply of p u r e a n d wholesome |
| wa te r for t h e use of t he inhab i t an t s of t h e said town and adjoining ne ighbourhood A n d whereas it is expedient to place t he said Reser voir in T rus t and to vest any funds which may be collected for t h e use of t he water thereof or g ran ted by the Legislat ive Counci l for repair ing and uphold ing the same and preserving t h e water collected therein to a n d in Commissioners to be appointed in t h a t behalf by the Governor for t h e t ime being and to m a k e provision for t h e application of such funds and for such other purposes as m a y re la te to t h e said Reservoir Be i t therefore enacted by H i s Excel lency the Governor of |
| N e w Sou th | W a l e s | w i t h | t h e | advice and | consent | of t h e | Legis la t ive | |
| Counci l thereof as follows :— |
1. T h e said Reservoi r and i ts appur t enances (as described in t h e
| Schedule to th i s Ac t a n n e x e d m a r k e d A 1) shall be placed in T rus t | as |
| hereafter | ment ioned . |
| erect ions a n d bui ld ings dams dra ins and all o ther th ings wh ich shall have been or shal l be hereafter erected and provided on or for t h e said Reservoir u n d e r a n d by v i r tue of this Act wi th t he several conveniences and appur tenances t h e r e u n t o belonging and the mater ia ls of which the same shall consist and all mater ia l s tools and implement s which shall be provided for repa i r ing and upho ld ing the said Reservoir shall be vested in the said Commissioners for t he t ime being and they are | hereby |
2. I t shall be lawful for H i s Excel lency t h e Governor to appoint
Commissioners to ca r ry out t h e provisions of t h e said Trus t .
3. Al l quest ions m a t t e r s and th ings which shall be discussed or
considered a t any mee t ing of t he said Commissioners shall be decided and de te rmined by the majori ty in n u m b e r of t he member s present a n d t h e Pres ident (who shall be elected by t h e Commissioners from the i r own body) shall be ent i t led to vote t h e r e a t and in case of an equa l i ty in votes shall have an addi t ional or cast ing vote Provided however t ha t t h e said Commissioners shall in no case be competen t to
| proceed to business unless the re be a t least t h r ee m e m b e r s | present . |
| 4. The r i g h t in teres t and p rope r ty in t he | said Reservoir and |
| t h e wa te r s to be derived theref rom and t h e rai ls fences and | other |
| hereby au thor ized to apply and dispose of t h e same as they m a y | t h i n k |
| tit and to b r i ng any act ion or prosecute any informat ion or | i nd i c tmen t |
or o ther proceeding for any injury to t h e p roper ty so vested in t h e m or for any violat ion of th i s A c t commit ted on t h e said Reservoir or in any way affecting t he same.
| 5. The said Commissioners shal l have full power a n d t hey are hereby au thor ized to m a k e and | cons t ruc t such | cu ts t unne l s and pipe- |
t r ac t s and to lay down such pipes as they m a y t h i n k necessary p rope r or convenient for conveying a supply of wa te r from such Reservoi r to
| such por t ions of the Town of Campbel l town as they m a y t h i n k | fit. |
| 6. I t shall be lawful for t h e Commissioners so appoin ted by a not ice to be publ ished in t h e New South Wales Government | Gazette |
to appoin t and direct cer ta in fees or dues to be demanded t a k e n a n d levied a t such Reservoir for t he use of t h e water collected the re in and in such not ice shall be s ta ted t h e r a t e of such fees or dues and from
| t ime to t i m e to al ter such r a t e as they m a y | deem fit | P rov ided | t h a t |
| such ra te to be so s tated and a l tered | shall no t exceed in a m o u n t | t h e |
| ra tes men t ioned in t h e Schedule to t h i s | A c t annexed m a r k e d B | 2. |
| 7. I n | any | proceeding u n d e r | th i s A c t | t h e p roduc t ion | of | t h e |
| New South | Wales | Government | Gazette con ta in ing such not ice shal l |
| be prima | facie evidence t h a t such not ice was duly publ ished by t h e |
direct ion of t h e said Commissioners u n t i l t he con t ra ry shall be shewn a n d t h e l ike evidence shall be sufficient proof of the appo in tmen t of
| t h e said | Commissioners . |
8. Al l sums of money which shal l be collected and levied u n d e r th i s Act a t such Reservoir or for t h e use of t h e wa te r collected the re in or any s u m g ran ted for upho ld ing m a i n t a i n i n g or repa i r ing t h e said Reservoir shal l be vested in t h e said Commissioners to be applied by t h e m in repa i r ing and upho ld ing such Reservoir and t h e approaches the re to and the appur t enances thereof a n d in erec t ing t h e necessary gates rai ls fences a n d bui ld ings thereon and keep ing the same as well as those a l ready erected in good repair .
| 9. Al l powers of collecting such fees or dues a n d of | appo in t ing |
| t h e place where the same shall be collected of caus ing houses ga tes ba r s chains rai ls a n d fences to be bui l t and set u p for t h e protec t ion of t h e said Reservoi r a n d i t s appur t enances a re hereby vested in t h e said Commissioners for t he t i m e being of t h e said T rus t and t h e said Com- missioners shal l be compe ten t to g r a n t leases of t h e dues and fees to be collected a n d levied a t t h e said Reservoir or for t h e use of the wa te r collected the re in for any period not exceeding the t e r m of two years if | i n t he i r | discret ion t h e y shal l deem i t expedient so to do e i ther by |
| publ ic auc t ion or | otherwise . |
| 10. I t shall be lawful for t he said Commissioners for t h e t ime be ing respect ively to appoin t all such minis te r ia l officers as shal l | b e |
| necessary for ca r ry ing th i s A c t in to effect and t h e | salaries | or | o ther |
| r e m u n e r a t i o n of | such officers | shal l be paid out of | t h e funds vested in |
| t h e said | Commissioners . |
1 1 . I t shall be lawful for t h e said Commissioners for t h e t ime
be ing a n d they are hereby empowered if t h e y t h i n k fit t o direct p ro secutions by ind i c tmen t or otherwise aga ins t a n y offender for any nu i sance or o ther offence done commi t t ed or cont inued in or upon t h e said Reservoi r or i ts appur t enances or t h e waters conta ined the re in or to recover any pena l ty or forfeiture incur red u n d e r t h e p ro visions of th i s Ac t at t he expense of t h e revenues be longing to t h e
12. The said Commissioners shall keep or cause to be k e p t
| t r u e correct and par t i cu la r accounts | of all moneys received as wel l as |
| of all moneys expended by t h e m in t h e execut ion of the i r T r u s t | u n d e r |
| th i s Ac t and they shal l wi th in | one m o n t h after t he expi ra t ion of each |
half-year
half yea r r ende r such accounts for such half year to t he Aud i to r Genera l of t h e Colony who after examina t ion of t he same shall cause t h e m to be delivered to t h e Colonial Secretary to be laid before t he Legislat ive Council of t he said Colony and publ ished in t he New
| South Wales Government | Gazette. |
| 13 . I t shal l be lawful for t h e | said Commissioners for t h e t ime |
be ing to sue and be sued in t h e n a m e or names of any one of such Commissioners or of the i r c lerk for t h e t ime being and no act ion or sui t to be b r o u g h t or commenced by or agains t any such Com missioners or clerk by v i r tue of th i s Act in t he n a m e or n a m e s of any one of such Commissioners or clerk shall abate or be discont inued by the dea th or removal of such Commissioner or clerk w i t h o u t the consent of t h e surviving or r ema in ing Commissioners b u t any one of such Commissioners or clerk shal l a lways be deemed to be t h e plaintiff or defendant (as t he case m a y be) in every such act ion or sui t Provided a lways t ha t every such Commissioner or clerk shall be re imbursed and paid out of t h e moneys be longing to t h e Trus t all such costs charges and expenses as such Commissioner or clerk shall i ncu r or become chargeable wi th or l iable to by reason of his be ing so made plaintiff or defendant .
| 14. N o Commissioner appoin ted | u n d e r | th i s Act no r any sur |
veyor or o ther officer appoin ted by t h e said Commissioners as aforesaid shall have any share p a r t or interest directly or indi rect ly in any con t r a c t or ba rga in for work or mater ia l s to be made done or provided upon for or on account of t he said Reservoir or shall upon his or the i r own account directly or indirect ly use or let to h i re any t eam or use or sell or dispose of any mater ia l s t o be used or employed in m a k i n g or repai r ing such Reservoir or o ther works as aforesaid or he or t hey shall forfeit for every such offence on convict ion any sum not exceeding twenty pounds and be for ever after incapable of ho ld ing or be ing employed in any office unde r th i s Act .
15 . I n case any person or persons shall resist or in any m a n n e r forcibly oppose t h e said Commissioners for t he t i m e being respectively or the i r surveyors assis tants w o r k m e n or laborers employed by t h e m in the due execut ion of th i s A c t every such person or persons so. offending the re in shal l on convict ion for every such offence forfeit and pay any s u m not exceeding five pounds .
16. I f any person shall wash any dog or o ther an ima l or any
clothes wood* leather or t h e skins of any sheep l amb or o ther an ima l
or any noisome or offensive t h i n g or t h row or cast any dead an imal or
| any filth di r t or o ther noisome or offensive t h i n g or shall ba the in | such Reservoir or cause or suffer t h e water of any sewer or d ra in to |
| r u n or be conveyed in to t h e said Reservoir or cause or pe rmi t any o ther annoyance to be done to the water conta ined in the said Reservoir or shal l place any night-soi l or ammoniaca l l iquor or any other offensive m a t t e r or t h i n g in such a s i tuat ion as to d ra in wash or flow in to such Reservoi r whereby or by means whereof t he said wa te r or a n y p a r t thereof shall or m a y be soiled fouled cor rup ted or injured every person so offending shall forfeit a n d pay any s u m not exceeding (£20) twen ty pounds for every such offence. |
17 . A n y person who shal l in jure any por t ion of t h e said Reser
voir or a n y founta in p u m p cock or wa te r p ipe cistern or any pa r t thereof respect ively be longing to t h e said Commissioners shal l pay the costs of repa i r ing t he same and if t he in jury be wilfully done shall forfeit any sum not exceeding t en pounds A n d any person who shal l in any m a n n e r c landest inely or unlawful ly appropr ia te to his own use any water from t h e said Reservoir or any founta in or c is tern u n d e r t h e charge of t h e said Commissioners shall forfeit any s u m no t exceeding five pounds and any person who shall open or leave open any cock
fountain
founta in or p u m p so t h a t t h e wa te r shall or may r u n to was te shall forfeit any s u m no t exceeding five pounds and any person who shal l wash any clothes or o ther mater ia l s at any reservoir p u m p or cistern shall forfeit a n d pay any s u m no t exceeding one pound a n d any person w h o shall lead or cause to be led or t a k e n any horses ca t t l e sheep or o ther an imals to such Reservoir c is tern or p u m p s now erected or hereafter to be erected by t h e said Commissioners for t h e purpose of wa te r ing or c leansing the said horses cat t le sheep or o ther an imals a t such Reservoir cis tern or p u m p s shal l for every such offence forfeit and pay any s u m not exceeding five pounds unless t he same be done u n d e r cer ta in rules and regula t ions to be m a d e by t h e said Commissioners which ru les shall be pa in ted on a board a n d publ ic ly exhibi ted a t some place at or adjoining t h e said
| Reservoir and shall be also publ ished in the Government | Gazette. |
18. I t shall be lawful for any one or more Jus t i ces of t h e Peace to hear and de te rmine in a s u m m a r y way all offences commit ted agains t t he provisions of th is A c t and to impose such fines and penal t ies as in th i s Act are directed Provided t h a t all proceedings by
| summons or wa r r an t wi thou t a formal informat ion in | wr i t ing shall be |
| as good valid and effectual to all i n t en t s a n d purposes as if a | formal |
| informat ion | in wr i t ing h a d been | exhibi ted. |
| 19. The J u s t i c e or Jus t i ces of t h e Peace | by whom | any person |
shall be convicted a n d adjudged to pay any s u m of money for any offence aga ins t the provisions of th i s A c t may adjudge t h a t such persons shal l pay the same wi th costs to be assessed by the J u s t i c e or Jus t i ces e i ther immedia te ly or wi th in such per iod as such J u s t i c e or Jus t i ces shal l t h i n k fit and in default of p a y m e n t a t t h e t ime appointed he shall be impr isoned in t he common gaol or house of correct ion for any t e r m no t exceeding two calendar m o n t h s where t he s u m shall n o t exceed the sum of five pounds and for any t e r m not exceeding t h r ee m o n t h s where the same shall exceed t h e s u m of t en pounds t he impr i sonment in each such case to cease upon paymen t of t he s u m due .
| 20. N o convict ion unde r th is Ac t shall | be quashed for w a n t of |
| form or be removed by wri t of certiorari | or o therwise into t h e |
| Supreme Cour t a n d no w a r r a n t or c o m m i t m e n t | shall | be held void | by |
| reason of any defect the re in provided t h a t i t be | there in | alleged | t h a t |
| t he pa r ty has | been convicted and t h a t t he re be a good and valid con |
vict ion to sus ta in the same.
2 1 . I f any Commissioner or any person ac t ing under thei r
| au thor i ty or direct ions shall be sued for any m a t t e r or t h i n g which |
may be done or commanded to be done by t h e m in t h e execut ion of th i s Ac t he or they m a y plead the genera l issue and give the special
| C A M P B E L L T O W N | W a t e r | Reservo ir | c o n t a i n i n g | four | acres | one | rood | and | t h i r t y - n i n e | perches |
| c o m m e n c i n g | on the south-west | side of Dumaresq-s tree t | at the north-east | corner of | a l l o t m e n t |
| n u m b e r | fifty-six | purchased | b y E . M c L u l l a | and | bounded | on | t h e | north-east | b y that | s treet |
| bear ing east forty-four degrees thirty-five m i n u t e s south n i n e cha ins on the south-east | by a |
| l ine bear ing south | forty-four | degrees | fifteen | m i n u t e s west | four | hundred and | seventy- three |
| l inks | to A l l m a n - s t r e e t | on | the | south-west | by | t h a t | street | ten | cha ins | to a l l o t m e n t | number | fifty- |
| seven purchased | b y E z e k i e l | W e l l s on the north-west | b y that a l l o t m e n t | bear ing | north | forty- |
| four degrees fifteen degrees* cast two hundred and | th ir ty-seven l i n k s to a l lo tment | number |
| fifty-six | again on the north-east | by that a l l o t m e n t bear ing east forty-four degrees | thirty-f ive |
| m i n u t e s | south one cha in to its south-eastern | corner again on the north-west | b y that | a l l o t m e n t |
| bearing north forty-four degrees | fifteen | m i n u t e s east two hundred and th ir ty-s ix l i n k s to the |
| point | of | c o m m e n c e m e n t . |
S C H E D U L E
| Table of Fees and Dues referred | to. |
First for every cask say 6 3 ga l lons of water taken by part ies w h o sel l or supply
| water | to | the | I n h a b i t a n t s | per | cask | . . . | . . . | . . . | . . . | . . . | . . . | 0 | 0 | 1 |
| H a l f | a p ipe | say | equal | to | two | casks | . . . | . . . | . . . | . . . | . . . | . . . | 0 | 0 | 2 |
| A n d | for | every | ton | b u t t | equal | to four | casks | . . . | . . . | . . . | . . . | . . . | 0 | 0 | 4 |
A l l l i censed publ ic -houses to pay per year for the use of the water of the said
| B u t c h e r s ' s h o p s | and | d w e l l i n g s | a t tached | . . . | . . . | . . . | . . . | . . . | . . . | 5 | 0 | 0 |
| Shopkeepers | and | private | res idences | per | year | . . . | . . . | . . . | . . . | . . . | 2 | 10 | 0 |
| On | horned cat t l e per head for t e n head | or under | . . . | .. | . . . | . . . | 0 | 0 | O1/2 |
| For | any | e x c e e d i n g | that | number | . . . | . . . | . . . | . . . | . . . | . . . | . . . | 0 | 0 | 01/4 |
Horses on the same scale.