No. XXIII.
An Act to enable Trus tees of Commons in New South Wales to have perpetual succes sion and to empower t h e m to regula te t he use of such Commons and for o ther pur poses re la t ing thereto . [25th April, 1873.]
| WH E R E A S of t h e Governor for t h e t ime being of t he Colony of N e w | South W a l e s cer ta in port ions of land have been al lot ted as Commons |
| for t h e use of t he inhab i tan t s of t h e towns or t h e cul t iva tors a n d smal l farmers in t h e respective distr icts or localities in which such Commons a rc severally s i tuated A n d whereas t he Governor w i th t h e advice of t he Execu t ive Council m a y author ize hereafter t h e use of cer ta in por t ions of t he Crown L a n d s as t empora ry Commons by t h e |
| residents or inhab i tan t s | of | a n y | t o w n | or distr ict | or | local i ty | A n d | |
| whereas it is expedient t h a t bodies of Trustees w i t h pe rpe tua l succession should be created for t h e purpose of ho ld ing such Commons for t h e use aforesaid a n d of m a k i n g such regula t ions in re la t ion to t h e said Commons as m a y be necessary for t h e more effectual and equal enjoyment of t h e same and for o ther purposes re la t ing the re to Be i t enac ted by t h e Queen ' s Mos t Exce l len t Majesty by and wi th t h e advice and consent of t h e Legislat ive Counci l and Legislat ive Assembly of N e w South W a l e s in Pa r l i amen t assembled a n d by the au thor i ty of t h e same as follows :— |
| by | var ious | i n s t rumen t s | respect ively | under | t h e | h a n d |
| 1. The Act | e leventh | Victoria n u m b e r | th i r ty -one is | hereby |
repealed.
2. Before any general elect ion of Trustees u n d e r th is Act shall
have t aken place any Trus tees who m a y have been appointed by the
Governor for t h e t ime be ing wi th t h e advice of t he Execu t i ve Council
| or who m a y hereafter be appoin ted in l ike m a n n e r and the i r | successors |
duly elected as hereinafter is provided shall he a body corporate u n d e r t h e n a m e of t he Trustees of t he Common specified in any g r a n t or
| dedicat ion and under t h a t n a m e shall | have pe rpe tua l succession | and a |
c o m m o n seal and m a y sue and be sued in the i r corporate n a m e in re la t ion to t he said Common and shall be capable of hold ing such Common in perpe tu i ty upon t he t ru s t s and for the uses declared in such
| g r a n t or such | dedication. |
3. F rom and after t he passing of this Ac t t h e first genera l elect ion of new Trustees for every Common shall t ake place at a genera l mee t ing of Commoners or persons ent i t led to t he use of such Common in t h e m o n t h of J a n u a r y one thousand e ight hundred a n d seventy-four such mee t ing to be convened by the Trustees of each Common or one of t h e m by a notification in t he Government Gazette and by a wr i t t en or pr in ted not ice to be affixed in the office of t he neares t Cour t of P e t t y Sessions a n d also in two or more conspicuous places on t he said Common at which mee t ing t he senior Trus tee shall preside or in t he absence of all t he Trustees a cha i rman to be elected by t h e Commoners present from a m o n g themselves and t h e n five new Trustees shall be elected to hold office for three years by t h e major i ty of persons presen t who in t he opinion of t he Trus tee or Commoner so presiding shall for six mon ths previously have been ent i t led to use t h e said Common and not more t h a n five Trustees shall be elected for any one Common and every such election shall for thwith bo communica ted by t he cha i rman to t h e Colonial Secretary Provided always t h a t if any n u m b e r less t h a n five be elected or if no Trus tees be elected a t such mee t ing t he Governor for t h e t ime be ing wi th t he advice of t h e
| Execu t ive | Council | shal l | n o m i n a t e | t h e required | n u m b e r . |
| 4. The Trustees so elected or nomina ted shal l after | notif ication |
| thereof in t h e Government | Gazette | hold office as Trus tees of such |
Common un t i l t he n e x t genera l elect ion of Trus tees a n d every Trus tee shall be eligible for re-elect ion a t t he nex t general election of Trustees for every Common which shall t ake place in t h e m o n t h of J a n u a r y a t t he expira t ion of every th ree years and which shall be convened by the Trustees in l ike m a n n e r and presided over by a Trustee or in t he absence of Trus tees by a Commoner elected by t h e Commoners present in l ike m a n n e r as has been hereinbefore pre scribed a t t h e first general election of Trustees after the passing of
5. W h e n any Trus tee of any Common shall die or be absent
| from | t h e Colony for more t h a n twelve m o n t h s or res ign | or become |
| incapable to act in t h e t rus t s aforesaid t h e n a n d so often | as a | vacancy |
shal l occur a special m e e t i n g of t he Commoners or persons enti t led to t h e use of such Common shall be convened in l ike m a n n e r as hereinbefore prescribed and such vacancy shall be filled u p by election as hereinbefore provided A n d every such election shall for thwith be
| communica ted | by t h e cha i rman to t he Colonial Secretary | Provided |
| always t ha t if n o such election shall have t a k e n place wi th in | twelve |
| m o n t h s after any vacancy shall have occurred t h e Governor | for t h e |
| t ime being wi th t h e advice of t h e Execu t ive | Council shall appoin t | a |
| new Trus tee to fill every such vacancy. |
6. The Trus tees for t he t ime be ing of a n y such Common or t he
majori ty shall have power to ascer ta in de te rmine and declare by wr i t ing under the i r hands and seals from t ime to t ime t he n u m b e r and
| descript ion of cat t le and other stock which t he respect ive | set t lers |
cu l t iva tors and o ther inhab i t an t s for whose use t h e Common shall have been gran ted or dedicated shall be ent i t led to depas ture upon t he said Common Provided however t h a t such wr i t ing be for thwith deposited in t he office of t he neares t Cour t of P e t t y Sessions and t h a t if any person shall feel himself aggrieved by the decision of t he Trustees in
th is
th is behalf he shall be a t l iber ty to appeal a t any t ime wi th in two m o n t h s from the t ime of deposi t ing such wr i t ing in t he said office to t h e said Cour t which said Cour t shall have full power to bear and de te rmine t he said appeal in a s u m m a r y m a n n e r and to confirm or
| a l te r the decision of t h e | said Trus tees in relat ion to t h e p a r t y | so |
| appea l ing and to award costs aga ins t c i ther | par ty . |
7. I t shall a n d m a y be lawful for t h e Trustees for t h e t ime be ing of any such Common to m a k e such rules and regula t ions for the be t te r and more convenient and equal use and enjoyment of the said Common a n d of all o ther r igh t s privileges and easements incident the re to by the persons hav ing r igh t of Common the reon as to them shal l seem necessary or expedient and for the enforcement of such rules a n d regula t ions to impose f ines not exceeding in any one case t h e sum of t en pounds for breaches thereof respectively and also for raising assessing levying and appropr ia t ing such moneys as shall be required for t h e purpose of defraying any costs charges and expenses which t h e said Trustees shall or m a y a t any t ime be p u t or exposed to in or abou t t he ma in t a in ing or improving of t he said Common or in the protect ion of t h e r igh t s of t h e said Common and a copy of such rules a n d regula t ions shall wi th in four teen days from the m a k i n g thereof be t r ansmi t t ed to t h e office of t h e neares t Court of P e t t y Sessions a n d also to t h e Colonial Secretary and t h e Governor w i th t h e advice of t he Execu t ive Counci l shall have power a t any t ime wi th in two m o n t h s from the receipt of such copy to disallow the said rules and regula t ions or any of t h e m and shall signify such disallowance to t he Cour t of P e t t y Sessions neares t to t he said Common and in t h e m e a n t i m e no such ru les or regula t ions shall be in force.
8. A n y one or more of t h e Trus tees of any such Common shall have power to distrain or cause to be dis t ra ined and impounded any cat t le or other stock found depas tur ing upon t h e said Common which shall belong to any person no t ent i t led to t h e use thereof or to a n y commoner who shall a t t h e t ime of such distress have surcharged the reon and also to claim demand and recover such damages in respect of such cat t le or o ther stock so dis t ra ined as could or m i g h t be claimed by t h e owner or occupant of any pr iva te lands in respect of an imals found trespassing and doing damage upon the same.
9. Al l sums of money recovered a n d received by the Trus tees of any Common for trespasses or otherwise u n d e r this A c t shall be expended by the said Trustees in or about t he improv ing of t h e said Common or otherwise in re la t ion there to and a j u s t and t r u e accoun t
of all moneys received and expended on account of any Common shall
be produced a n d exhibi ted by the said Trustees a t a general mee t ing
of t h e Commoners of such Common to be convened by the Trus tees as hereinbefore; prescribed on the second Tuesday in t he m o n t h of J a n u a r y
| in each year and shall be publ ished in t he Government | Gazette a t some |
| t ime dur ing the said m o n t h | of J a n u a r y and in some local | newspaper |
if a n y be publ ished in t he district where in such Common is s i tuate .
| 10. Every general mee t ing of t he Commoners of | every |
| C o m m o n m a y adjourn from t ime to t ime and every adjourned | mee t ing |
| shall be he ld to be a duly convened and cons t i tu ted | general | m e e t i n g |
| no twi th s t and ing | such | ad journment . |
1 1 . F r o m and after the passing of this Ac t it shall no t be lawful
for the Trustees of any Common to g r a n t leases of por t ions of such Common for a n y t e r m of years or for any purpose or on any condi t ion whatsoever B u t leases g ran ted pr ior to t h e passing of this A c t by t h e Trus tees of any Common under a n d in pursuance of t h e power given to t h e m by clause five of an Act passed in the e leventh year of
| th i r ty-one | are hereby | declared | valid |
12. Al l fines and penal t ies imposed unde r t he provisions of
| th is A c t or u n d e r any rules or regula t ions made | in | pu r suance | thereof |
| shall be recoverable in a s u m m a r y way before any two Jus t i ces of | t h e |
| Peace a n d appropr ia ted in t h e m a n n e r | directed by the Acts for | the |
| t ime-being in force for t h e regula t ion | of s u m m a r y | proceedings before |
Jus t i ces Provided t h a t every such penal ty be proceeded for wi th in th ree calendar mon ths n e x t after t h e commission of t h e offence for which t h e same shall have been incur red .
| 13 . This A c t m a y be cited | as t h e " Commons | Regu la t ion A c t |