Crown Lands Encroachment Act 1833 No 11a (NSW)

No. X.

An Act for protecting the Crown Lands of this

Colony from Encroachment Intrusion and

Trespass. [28th August, 1833.]

trespass the reon and to prevent t he unau thor ized occupat ion thereof WH E R E A S L a n d s of th i s Colony from encroachment in t rus ion and

i t is expedient and necessary to protec t t h e Crown

m e n t s of h is or the i r employer or employers.

from be ing considered a giving any legal t i t l e there to Be it therefore

enacted by H i s Excel lency t h e Governor of N e w South Wales w i th t he advice of t he Legislat ive Council thereof T h a t from and after t h e pass ing of t h i s Ac t i t shal l and may be lawful for t he Governor of th i s Colony by w a r r a n t unde r his h a n d and seal to appoint so m a n y fit and proper persons as he shal l t h i n k fit to be a n d the said persons shall t he reupon be and be called " Commissioners of Crown Lands in

the Colony of New South Wales'' and t h e said persons and each of

t h e m shall cont inue in office as such du r ing t h e pleasure of t h e said Governor and the said Commissioners or any two or more of t h e m shall and may du r ing their con t inuance in office as aforesaid do and perform b y and under direction of t h e Governor for and on behalf of H i s Majesty H i s He i r s and Successors in upon or in respect of any Crown Lands in th i s Colony all such lawful acts m a t t e r s and th ings for p reven t ing in t rus ion encroachment and t respass the reon or for such o ther purpose as any bailiff or bailiffs lawfully appointed m a y by law do or perform in upon or in respect of any lands t enemen t s or heredita­

2. A n d be it enacted Tha t it shal l and may be lawful for t h e said Commissioners or for any two or more of t h e m at any t ime and from t ime to t ime as t h e same shal l appear to be necessary u n d e r direction of t he Governor to m a k e pe rambula t ions and surveys of t h e Crown L a n d s or any pa r t thereof in any dis t r ic t of th i s Colony a n d upon such pe rambula t ions and surveys to requi re by wr i t ing unde r the i r bands

t h e assistance of any Jus t i ce of t h e Peace or constable in m a k i n g the

same and also to t ake in the i r aid so m a n y persons as	shal l a n d	may
be necessary for t he purposes of th i s Act .

3 . A n d be i t enacted Tha t i t shall and may be lawful for t he said Commissioners or any two or more of t h e m unde r t he direction of t he Governor as aforesaid to erect and place or cause to be erected and placed beacons or l a n d m a r k s of such construct ion form and mater ia l s and m a r k e d in such m a n n e r as shall be appointed by t h e Surveyor Genera l of th i s Colony upon any Crown L a n d s or t he boundar ies of any Crown L a n d s as t hey shall deem needful for

denot ing t h e same and t h e said beacons and l a n d m a r k s from t ime to

t ime to keep u p and ma in t a in or cause to be kep t u p and main ta ined in proper repair and if any person shall wilfully deface injure destroy or remove any such beacon or l a n d m a r k so placed or erected as aforesaid such person (being a free person) shall forfeit and pay to H i s Majesty H i s H e i r s and Successors for every such offence t h e s u m of fifty pounds which shal l and m a y be recovered by act ion of debt in t h e n a m e of H i s Majesty 's A t t o r n e y Genera l in any competent Cour t of th i s Colony and if such offence shal l be commit ted by any convict, or t r anspo r t ed felon or offender such person shal l be deemed a n d taken the reby to have commit ted a misdemeanor and shal l and m a y be punished for t h e same accordingly.

4. A n d be it enacted Tha t every J u s t i c e of t h e Peace and con­ stable shall be ing t h e r e u n t o requi red by wr i t i ng unde r t h e hands of

a n y two or more Commissioners appointed unde r au tho r i t y of th i s A c t aid and assist t he said Commissioners in m a k i n g the i r pe rambula ­ t ions a n d surveys and no sui t or act ion shal l be b r o u g h t or com­ menced against any Jus t i ce of t he Peace or constable for any act m a t t e r or t h i n g done by t h e m or any of t h e m upon t h e requis i t ion or order of t h e said Commissioners or any two or more of t h e m du r ing t h e t ime t h a t t h e said Commissioners or any two or more of t h e m

shall be ac tual ly present and order ing or p e r m i t t i n g t he same to be

done b u t any suit or act ion shall and m a y be b r o u g h t against t h e

said Commissioners alone for any act m a t t e r or t h i n g so done by them,

or b y the i r order or au tho r i t y a n d in the i r presence as aforesaid a n d

service of process in any such suit or act ion upon ei ther of t he said Commissioners so be ing present as aforesaid when the said act m a t t e r or t h i n g complained of was done or performed shall in all cases be

deemed and t a k e n to be g o o d and sufficient service.

5. A n d be i t enacted Tha t any sui t or act ion which shall be b r o u g h t aga ins t any Commissioner or Commissioners to be appoin ted unde r t h e au thor i ty of th i s Ac t or agains t any person or persons ac t ing unde r t h e au thor i ty or by t h e order of such Commissioners or any two or more of t h e m for any t h i n g done or acted by h i m or t h e m unde r th i s Act shall be commenced wi th in six calendar m o n t h s n e x t after t h e fact commit ted (in respect of which such suit or act ion shall be b r o u g h t or commenced) and no t afterwards and the defendant or defendants in every such suit or act ion shall and may plead t h e genera l issue and give th is Act and the special m a t t e r in evidence a t any t r i a l to be had the reupon and if such suit or act ion shall be b rough t or commenced after t h e t ime so l imited for b r ing ing the same or con t ra ry to t h e provisions of th i s Ac t or if the m a t t e r or t h i n g complained of shall be proved to have been done unde r t he au thor i ty and in t h e

execution

execut ion of th i s A c t t h e n and in ei ther of such cases t h e j u r y shall find a verdict for t h e defendant or defendants a n d if t he plaintiff or plaintiffs shal l become nonsu i t or discont inue his or he r act ion after appearance of t he defendant or defendants or t he re shal l be a verdict aga ins t t h e plaintiff or plaintiffs or if upon demur re r j u d g m e n t shal l be given against t h e plaintiff or plaintiffs the said defendant or defendants shall have double costs of suit and shall have t he l ike remedy for t he recovery thereof as any defendant h a t h for t h e recovery of costs in any other case at law.

6. A n d be it enacted Tha t it shall and m a y be lawful for t h e Governor of th i s Colony to pay or cause to be paid out of t h e Public Treasury of th i s Colony to each of t he Commissioners to be appointed u n d e r and by v i r tue of th i s Act and to t h e Jus t ices of t he Peace constables and other persons ac t ing in aid of the said Commissioners as aforesaid as and for a r emunera t ion for the i r services and for the i r t rave l l ing expenses t he sums following t h a t is to say to each Commis­ sioner or Ju s t i ce of t h e Peace for every day upon which he shall be ac tual ly and necessari ly employed u p o n any perambula t ion or survey a sum not exceeding twen ty shil l ings per diem in t h e whole to every constable or o ther person t aken in aid of t h e said Commissioners for every day u p o n which he shall be ac tua l ly and necessarily employed upon any pe rambu la t i on or survey a s u m n o t exceeding two shil l ings and sixpence per diem in t h e whole and it shal l and may be lawful for the said Governor in l ike m a n n e r to pay and defray t he reasonable

expenses of erect ing p lac ing suppor t ing and m a i n t a i n i n g all necessary

beacons and l andmarks as aforesaid.

7. A n d be it enacted T h a t it shall and may be lawful for t he Governor of th i s Colony to pay or cause to be paid out of t h e Pub l ic Treasury of th i s Colony t h e costs and charges of any sui t or act ion which shal l or m a y be b rough t as aforesaid by or agains t t h e said Commissioners or any Justice of t h e Peace constable or other person ac t ing unde r t he au tho r i t y of any of the provisions of th i s A c t for

any m a t t e r or t h i n g by t h e m or any of t h e m done as aforesaid

Provided always t h a t such suit or act ion shall have been b r o u g h t or defended u n d e r direct ion of the Governor of t h e said Colony and provided t h a t such Commissioners J u s t i c e of t h e Peace constable or o ther person ac t ing unde r the au tho r i t y of any of t he provisions of this A c t shall not he proved to have wilfully conducted themselves or himself in any improper vexat ious or oppressive manne r .