Markets Act 1839 No 20a (NSW)

No. XIX

An Act to authorize the establishment of Markets in certain Towns of the Colony of New South Wales and for the appointment of Commissioners to manage the same. [22nd October,1839.]

WH E R E A S several of t h e Towns of t h e Colony of New W a l e s have of late years grea t ly increased and a re sti l l

Sou th

increas ing in popula t ion and bui ld ings by reason whereof M a r k e t s for

supp ly ing t h e inhab i t an t s of t h e said towns wi th m e a t fish pou l t ry b u t t e r vegetables and o ther provisions and also for buy ing and selling goods wares a n d merchandise are r equ i red to be held there in Be i t therefore enacted by H i s Excel lency t h e Governor of N e w Sou th W a l e s w i t h t h e advice of t h e Legis la t ive Counci l thereof Tha t when­ ever appl ica t ion in wr i t i ng shal l be m a d e to t h e Police Mag i s t r a t e of any t o w n in said Colony such appl icat ion being signed by twenty-f ive free householders of any such town i t shall and m a y be lawful for such Police Mag i s t r a t e to call a publ ic mee t ing of t h e i nhab i t an t s of

said t o w n a t such t i m e a n d place the re in as he m a y deem mos t con­

venien t for t h e purpose of t a k i n g in to considerat ion t h e p ropr ie ty of

es tabl i sh ing a M a r k e t there in and such Pol ice Mag i s t r a t e shal l preside

a t	such	mee t ing .
2. A n d be i t enacted Tha t if a t such publ ic mee t ing a resolu­

t ion be adopted in favour of es tabl ishing a M a r k e t in any such town

t o w n shall exceed four t housand inhab i t an t s i t shall and may be lawful for t h e Governor of said Colony wi th t he advice of t h e Execu t ive Counci l thereof to cause t h e said town to be divided in to wards no t less t h a n t h r e e in n u m b e r and to fix t h e n u m b e r of Commissioners to be

t h e same shal l be communica ted by the said Police Mag i s t r a t e to t h e Colonial Secretary for t h e informat ion of H i s Excel lency the Governor and if t h e said Governor w i t h t h e advice of t h e Execu t ive Counci l of

said Colony shall approve of t he es tabl i shment	of such M a r k e t	t h e
same shal l be notified in t h e New South Wales	Government	Gazette.

3. A n d whereas t h e m a n a g e m e n t of M a r k e t s can be best

conducted by local Commissioners to be elected from t h e propr ie tors of l and and householders w i th in t he l imits of t h e t o w n in which such M a r k e t is in tended to be held Be i t therefore enacted T h a t t he said Governor and Execu t ive Council shal l (in case t hey approve of said M a r k e t be ing held) fix t h e n u m b e r of Commissioners for such manage ­ m e n t in p ropor t ion to t h e popula t ion of t h e t o w n a n d the n u m b e r so fixed shal l be elected from t h e propr ie to rs of l and and householders

wi th in such town in the m a n n e r hereinaf ter ment ioned .

4. A n d be i t enacted T h a t whenever t h e popula t ion of any such

be elected by each w a r d and the re shal l no t be less t h a n two such Commissioners a t t h e least for any one ward and t h e election for such wards shal l be separate and dist inct from each o ther .

5. A n d be i t enacted Tha t i t shall and may be lawful for t h e

said Governor to nomina t e and appoint some fit and proper person to preside ei ther at elections to be held for t h e whole town or for each ward of said town.

6. A n d be i t enacted That i t shall and may be lawful for t h e said Governor to nomina t e and appoin t t h ree scrut ineers for each such election whe ther the same be for an en t i re town or for each separate wa rd as aforesaid.
7. A n d be it enacted Tha t wi th in fourteen days after the Police M a g i s t r a t e of any town shall receive t h e Government Gazette con­ t a in ing t h e not ice aforesaid of approval for t h e es tabl i shment of a M a r k e t in such town he shall cause a not ice to be posted on t h e door of t h e Police Office fixing t h e t i m e and place for hold ing such election for t h e whole t o w n or for each ward as t h e case m a y be such t ime no t to be less t h a n twenty-e igh t days from t h e day of pos t ing such not ice

nor m o r e t h a n fifty-six days and if t he r e shall be a newspaper

publ i shed in such town the said Police Mag i s t r a t e	shall cause	such
notice to be also inser ted there in .

8. A n d be i t enacted That t h e t ime for t he ho ld ing of such elections shal l be between t h e hours of n ine o'clock in t h e m o r n i n g and th ree o'clock in t he af ternoon and t h e whole shal l be concluded and ended in t he same day.

9. A n d be i t enacted Tha t t h e persons ent i t led to vote a t such

elect ions	shall be t he i nhab i t an t s of said t o w n be ing	householders	or
occupiers of	houses of	t h e a n n u a l va lue of t w e n t y pounds at t h e	least

a n d propr ie tors whether res ident or non-res ident of land or bui ld ings

of t h e va lue of two h u n d r e d pounds .

10.    A n d whereas i t is necessary t h a t all persons hav ing a r i gh t

t o vote a t such elections should be ascertained previous the re to Be i t enacted Tha t no person shal l be admi t t ed to vo te a t any such election unless he shall regis ter h is qualification wi th in twenty-one days before the day of election in m a n n e r following t h a t he shall a t a Cour t of P e t t y Sessions for t he t o w n for which the election is to be held m a k e and subscribe a declarat ion in t h e form or to t h e effect fol lowing—

" I of do declare I a m free

" and a n inhab i t an t of and t h a t I a m in

" t h e occupation of a t e n e m e n t of t h e clear a n n u a l va lue

" of a t least twen ty pounds (as t h e case m a y be) or t h a t I " a m a propr ie tor of freehold proper ty in said town of t he " va lue of two h u n d r e d pounds and t h a t t he said proper ty " belongs to myself bond fide and was not conveyed to m e " f raudulent ly or w i th any secret unde r s t and ing for the

" purpose of vo t ing . "

1 1 . A n d be i t enacted Tha t t h e Clerk of t h e Bench of such

P e t t y Sessions shal l enter in a book in alphabet ical order according to t h e su rnames of t h e persons registered the subs tance of every such declara t ion in order t h a t t h e same m a y be produced (if required) at t h e t ime of election.

12. A n d be i t enacted T h a t every Clerk of such P e t t y Sessions shall u p o n such regis t ry and a t t he request of any such regis tered voter deliver u n t o h i m a certificate of such regis t ry for which he shal l be ent i t led to receive t h e sum of one shil l ing.

1 3 . A n d be i t enacted Tha t every person being qualified a n d

regis tered as aforesaid and in t end ing to vote a t such election shall deliver to t h e pres id ing officer on t h e day of election a t icket wi th t h e

names

names of t he persons wr i t t en the reon for w h o m he in tends to vote t he n u m b e r of such persons no t to be greater t h a n t h e n u m b e r of persons to be elected otherwise t he said vote to be nu l l and void and the said t icket signed by t h e person p resen t ing i t after be ing read aloud by t h e pres id ing officer shal l be for thwi th deposited in a box and shal l

no t be w i t h d r a w n therefrom un t i l t he same shall be delivered to t h e

scrut ineers .

1 1 .    A n d be i t enacted That a t t he h o u r of t h r ee o'clock on t h e

day of election t h e said box shal l be delivered to the scrut ineers and t hey shal l w i th in for ty-eight hour s from t h e said t ime of delivery certify in wr i t ing to t h e Police Magis t r a t e t h e names of t h e persons who shal l be elected and the Police Mag i s t r a t e shall t he reupon declare in a publ ic not ice to be posted u p o n the Police Office t he names of t h e said persons so elected.

15 . A n d be i t enacted Tha t i t shall be lawful for t h e said scrutineers before certifying such election to reject t h e t icke ts of those who in the i r opinion or in t h e opinion of t h e majori ty of t h e m are no t qualified to vote and such rejection shal l be final.
16 . A n d be i t enacted Tha t no person who hav ing come to the said Colony u n d e r sentence of t r anspor t a t ion shall no t have been free for t h e space of t h r ee years a t t h e least shall be qualified to vote at such election unless such person shall have received a free pa rdon .
17. A n d be i t enacted Tha t any person qualified to vote in one or more wards of any one t o w n m a y vote in each of such wards .
18 . A n d be i t enacted Tha t t h e persons so certified b y t h e scrut ineers to be elected shall collectively be t h e Commissioners of Marke t s for t he whole town wi th t h e addi t ion of t h e Police Magis t r a t e thereof who shal l be ex officio a Commissioner .

19. A n d be it enacted T h a t t he said Commissioners shal l bold office for t h e period of t h r e e years a t t h e expi ra t ion of which

t ime new elections shal l t ake place in t h e same m a n n e r as herein­ before prescr ibed Provided however t h a t all such fu ture elections shal l t ake place on t h e first Tuesday in t he m o n t h of J u l y w i t h o u t any fur ther not ice thereof t h a n t h e publ ica t ion of t h e same on t h e door of t h e Police Office of said t o w n and by inser t ion in a newspaper if any be pub l i shed in such town in t h e m a n n e r a n d for t h e per iod aforesaid.

20. A n d be i t enacted T h a t if any of t he Commissioners so
elected as aforesaid shal l die res ign or become disqualified or incapable

before t h e expi ra t ion of his or the i r t i m e of office t h e r ema in ing Com­

missioners or a major i ty of t h e m shal l w i t h i n four teen days from t h e

t i m e of such vacancy elect ano the r or o thers in his or the i r room	or
stead.

2 1 . A n d be i t enac ted Tha t t he said Commissioners shal l be

and they are hereby author ized and empowered from t ime to t ime to purchase any lands messuages t enemen t s and he red i t amen t s for t h e purposes of t h i s A c t and also to accept t ake receive a n d hold any lands messuages t enemen t s and he red i t aments money p rope r ty and effects whatsoever for t h e l ike purposes .

22. A n d be i t enac ted Tha t i t shal l be lawful for t h e said

Commissioners and they are hereby author ized to appoin t a n d also to remove from t ime to t ime a Treasurer Secretary Clerk of t he M a r k e t

and Inspec to r s as wel l as any inferior officers t h a t m a y be	necessary
a n d to award to t h e m such salary as	m a y be deemed b y t h e m reason­

able and also to nomina t e a C h a i r m a n among themselves and to pass

such bye-laws for	t he regu la t ion of the i r own proceedings as they m a y
deem	expedient .
23. A n d be i t enac ted T h a t i t shal l and may be lawful for t h e

said Commissioners to fix t h e place or places wi th in such town for t h e ho ld ing of M a r k e t s a n d the re to erect and bui ld or cause to be

erected

erected or bu i l t a M a r k e t house or houses w i th	shambles	stalls
and o ther convenient bu i ld ings	a n d the said M a r k e t place or	places

shal l be t h e only places wi th in t he said town where any M a r k e t for

t h e sale of corn (except corn or g ra in sold by sample) bu t che r s ' m e a t

pou l t ry eggs fresh b u t t e r vegetables or o ther provisions shall for t h e fu tu re be held a n d k e p t and if any person shal l sell or expose to sale a n y of said ar t icles or o the r provisions usua l ly sold in M a r k e t s in any of t h e streets lanes entr ies or o ther publ ic passages or places o ther t h a n t h e place or places which m a y be so appoin ted by t h e Commis­ sioners as aforesaid every such person shall on conviction thereof before a Ju s t i ce of t h e Peace for every such offence forfeit and pay t h e sum of five pounds Provided t h a t n o t h i n g here in conta ined shal l be cons t rued to ex tend to prevent any person from selling or exposing for sale any of t h e art icles aforesaid in his or her dwell ing-house or shop in any p a r t of said town.

24. A n d be it enacted Tha t for t h e be t t e r r egu l a t i ng and

m a n a g i n g t h e said M a r k e t s w h e n establ ished i t shal l be lawful for t h e Commissioners elected in m a n n e r aforesaid a n d they are hereby au thor ized from t ime to t ime to m a k e provide cons t i tu te and ordain such ru les orders and bye-laws as t h e y shal l th ink lit a n d necessary for t h e be t te r regula t ion and gove rnmen t of any s u c h

M a r k e t a n d for t h e c leansing l e t t ing occupying and us ing such

Marke t -p lace or any pa r t or p a r t s thereof and also for r egu la t ing

order ing and governing t h e officers appointed by t h e m and all o ther persons bo th buyers and sellers the re to coming or resor t ing and al l ma t t e r s which do or m a y concern or re la te to such M a r k e t A n d t h e said Commissioners for t h e t ime be ing m a y from t ime to t ime as they shall t h i n k fit repeal a l t e r add to or amend any such rules orders bye-laws or any of t h e m a n d shal l ascer ta in and the re in set down w h a t pecuniary and other penal t ies and forfeitures s h a l l be incu r red by persons b reak ing or evading such rules orders bye-laws or any of t h e m Provided t h a t no such pecun ia ry pena l ty shall exceed

t h e s u m of five pounds for any one offence a n d such ru les orders a n d

b y e - l a w s shal l no t be r e p u g n a n t to e i ther t h e laws of E n g l a n d or of

N e w Sou th W a l e s or to t h e provisions of th i s A c t A n d all p e r s o n s

so as aforesaid coming and resor t ing to t he said M a r k e t are hereby

requ i red to observe and keep such ru les orders a n d b y e - l a w s unde r

such penal t ies and forfeitures respectively as shal l be ascertained a n d

set down as aforesaid A n d all such rules orders or bye - l aws o r any of t h e m after hav ing been signed by t h e said Commissioners or t h e

major i ty of t h e m shal l be pa in ted on boards and p u t u p o r affixed in	some conspicuous place or places in t h e said M a r k e t which b o a r d s
shall from t i m e to t i m e be renewed and replaced w h e n a n d as often as t h e said ru les orders or bye-laws or any of t h e m shall be a l tered obl i tera ted or defaced b u t no ru le order or bye-law shal l have any force or effect u n t i l t en days n e x t after the same shall have been affixed as aforesaid and all convictions and de te rmina t ions shall be
subject to appeal in m a n n e r hereinaf ter ment ioned .

25. A n d be it enacted T h a t whenever t h e n u m b e r of Com­

missioners shal l exceed seven i t shal l and may be l a w f u l for t h e m to appoin t a sub-commit tee of said Commissioners of not less t h a n th ree which sub-commit tee shall exercise all t he functions of t he whole n u m b e r subject n o t w i t h s t a n d i n g to t h e approva l of t he ent i re n u m b e r of t he said Commissioners or a major i ty of t h e m a t a general mee t ing of said Commissioners a n d such general mee t ing shall be held a t least once in every qua r t e r a n d a t such o ther t imes as m a y be requi red .

2G. A n d be i t enacted T h a t t h e person or persons appointed as Inspec to r or Inspec to r s of provisions in any such M a r k e t shal l and may

2 G—VOL 2. and

and is and are hereby author ized and requ i red to seize and destroy all unwholesome m e a t fish or other provisions which shal l be offered or

exposed for sale in said M a r k e t .

27. A n d be i t enacted Tha t i t shall a n d may be lawful for t h e

said Commissioners or any of t h e m or the i r Collectors or o ther officers respectively and such person or persons as t hey or any of t h e m shal l call t o the i r or his assistance w i t h o u t any w a r r a n t or o ther au thor i ty t h a n th is Act to seize and deta in any person or persons (being u n k n o w n to such Commissioners Collectors or o ther officers) who shall commit any such offence or offences agains t th i s A c t or any of t he provisions thereof or aga ins t any ru le order or bye-law to be m a d e in pu r suance thereof and to t a k e h i m her or t h e m immedia te ly before any J u s t i c e of t h e Peace and such Jus t i ce is hereby requ i red to proceed a n d act w i t h respect to such offender or offenders according to t h e provisions of th is Act .

28 . A n d be i t enacted Tha t whenever a Marke t -p lace shall be

appropr ia ted and set apa r t and ready for publ ic use t h e said Commis­

sioners shal l by a p r in t ed adver t i sement to be posted on t h e Pol ice Office and also c i rcula ted in said t o w n and its ne ighbourhood give t en days ' not ice of such Marke t -p lace h a v i n g been so establ ished appro­

p r i a t ed a n d set apa r t for pub l i c use previous to t h e day on which such

Marke t -p l ace shal l be opened in p u r s u a n c e of t h i s Act ,

29. A n d be i t enacted Tha t from t ime to t i m e and a t all t imes after t h e expira t ion of t e n days from such adver t i sement as aforesaid

i t shall a n d may be lawful for t h e said Commissioners for t h e t i m e be ing by themselves the i r collectors officers or servants to ask demand recover receive and t a k e of and from all a n d every person a n d persons exposing or offering for sale or sell ing any corn gra in h a y s t raw goods wares merchandise or any o ther m a r k e t a b l e provisions in

said M a r k e t or who shal l r en t h i re or use any stall or s t and ing place

in t h e said M a r k e t t h e several tolls dues or s u m or sums of money which shal l a t any t ime or from t i m e to t i m e be fixed and appointed by t h e m to be paid for t h e same no t exceeding the several tolls dues or s u m or sums of money ment ioned and specified in an A c t passed in t h e second year of t he re ign of H i s la te Majes ty K i n g W i l l i a m t h e

F o u r t h in t i tu led "An Act for regulating the rates of Tolls or Dues to

be levied at the Markets of Sydney and JParramatta" A n d which several tol ls dues or s u m or sums of m o n e y the said Commissioners shal l cause to be pa in ted on boards a n d affixed a n d s tuck u p a n d cont inued and renewed as often as t h e same shal l be obl i terated a n d

defaced u p o n a conspicuous place or places in said Marke t -p lace in

la rge and legible charac ters .

30. A n d be i t enac ted T h a t i t shall and m a y be lawful for t h e

said Commissioners or t h e major i ty of t h e m as aforesaid to demise or

le t t o farm t h e tol ls or M a r k e t dues or a n y p a r t thereof demandab le

u n d e r th i s Ac t for any t i m e no t exceeding twelve ca lendar m o n t h s or to le t or demise any n u m b e r of stalls or s tandings in t h e said M a r k e t for any period no t exceeding the said t e r m of twelve calendar m o n t h s .

1                 3 1 . A n d be i t enacted T h a t in case any person or persons

r e n t i n g ho ld ing or u s ing or in any m a n n e r occupying any of t h e said bui ld ings stalls s tandings shambles or o ther conveniences in said Marke t -p lace or who shal l b r i n g or place or expose or offer for sale in t h e said M a r k e t any provisions goods wares or merchand i se for or in respect of which any ren ts tol ls or dues m a y be demanded or t a k e n the reon shall no t u p o n demand thereof m a d e by t h e said Com­ missioners the i r officers or collectors to be appoin ted by t h e m to receive such tolls for thwi th pay the same i t shal l be lawful for t h e said Commissioners the i r officers or collectors to levy t h e same b y distress and sale of all or any of t h e goods art icles or t h i n g s so

exposed

exposed to sale or o ther t h e goods and chat te ls of such person or persons so neg lec t ing refusing or evading to pay as aforesaid and t h e said distress so to be t aken to sell for thwith r ender ing t h e overplus (if any) after deduct ing t h e expenses a t t end ing such distress and sale to t h e owner on demand.

32. A n d he i t enacted T h a t in all cases in which unde r and by

v i r tue of th i s Act or by any ru le order or bye-law as aforesaid any pena l ty or forfeiture is imposed and made recoverable it shall and may be lawful for any Jus t i ce of t he Peace to w h o m compla in t shal l

be m a d e of any such offence to s u m m o n the p a r t y complained agains t

before h i m and on such s u m m o n s to hear and de te rmine t h e m a t t e r

of such complaint in a s u m m a r y way and to summon any witness or witnesses and to examine h i m her or t h e m on oath a n d on proof of t he offence to convict t he offender and to adjudge h im her or t h e m to pay t h e penal ty or forfeiture incu r red and to proceed to recover the same a l t hough no informat ion in wr i t ing shall have been exhibi ted or t a k e n by or before such Jus t i ce and all such proceedings by summons w i t h o u t informat ion shall be as good valid and effectual to all in ten t s and purposes as if a n informat ion in wr i t i ng was or had been exhibi ted.

33 . A n d be it enacted Tha t all such fines penal t ies and

forfeitures as aforesaid shal l and m a y in case of n o n - p a y m e n t thereof

be recovered in m a n n e r aforesaid in a s u m m a r y way by t h e order and adjudicat ion of one or more Jus t i ce or Jus t ices of t h e Peace and af terwards levied as well as t he costs of such proceedings on non­ p a y m e n t by distress and sale of t h e goods and chat t ies of t he offender

or offenders or person or persons liable to pay t h e same by w a r r a n t

under t he h a n d and seal or h a n d s and seals of such Jus t i ce or Jus t i ces a n d t h e overplus (if any) of t h e money so to be recovered and levied after d ischarging the fine pena l ty or forfeiture for which such w a r r a n t shal l be issued and the costs and expenses of recover ing and levying t h e same shall be r e tu rned on demand to t h e owner of t h e goods and

chat te l s so seized or dis t ra ined and in case such fines penal t ies a n d

forfeitures shall n o t be fo r thwi th pa id upon convict ion t h e n i t shall be lawful for such Jus t i ce or J ustices to order t he offender or offenders so convicted (if it shall seem necessary so to do) to be detained in safe custody u n t i l r e t u r n can bo convenient ly made to such w a r r a n t of distress unless such offender or offenders shall give sufficient securi ty to t h e satisfaction of such Jus t i ce or Jus t i ces for h is her or thei r appearance before h i m or t h e m on such day or days as shall be

appoin ted for t he r e t u r n of such w a r r a n t of distress such day or days	no t be ing more t h a n t en days from t h e t ime of t a k i n g any such securi ty
and which securi ty t he said Jus t i ce or Jus t i ces is and are hereby empowered to t ake by way of recognizance or otherwise b u t if upon t h e r e t u r n of such w a r r a n t it shal l appear t ha t no sufficient distress can be had whereupon to levy t h e said fines penal t ies forfeitures and such costs as aforesaid and t h e same shall no t be for thwi th pa id or in case i t shal l appear to the satisfaction of such Jus t i ce or Jus t ices e i ther by t he confession of t h e offender or offenders or otherwise t ha t he or she or t hey h a t h or have not sufficient
goods and chat t ies whereon such fines penal t ies and forfei­
t u r e s costs and expenses can be levied if a w a r r a n t of distress
were issued such J u s t i c e or Jus t i ces shall no t be requi red to issue such w a r r a n t of distress and the reupon i t shal l be lawful for such Jus t i ce or Jus t i ces and he and they is and are hereby author ized and requi red b y w a r r a n t u n d e r his or the i r h a n d and seal or hands and seals to cause such offender or offenders to be commit ted to t he common gaol or house of correct ion of a n d in such town the r e to r ema in w i thou t bai l or m a i n p r z e for any t e r m n o t less t h a n one
calendar m o n t h and no t exceeding th ree calendar m o n t h s unless such

lines

fines penal t ies and forfeitures a n d all reasonable charges shall be
sooner pa id and satisfied.

34. A n d be it enacted Tha t for t h e more speedy and effectual convict ion of offenders aga ins t th i s Ac t al l a n d every t h e Jus t i ce or Jus t i ces of t h e Peace before w h o m any person or persons shall be convicted of a n y offence aga ins t th is A c t or t h e provisions thereof or against any bye-law to be m a d e as aforesaid shal l a n d m a y cause t h e convict ion to be d rawn u p in t he form or to t h e effect following

( tha t is t o s a y ) —

NEW SOUTH WALES )

TO WIT. )

B E it r emembered Tha t on the	day of
in t h e year of our L o r d	in t he town
of	A . B . is convicted before m e (or us)

of H e r Majes ty ' s Jus t i ces of t he Peace for t he said Colony by v i r tue of an A c t or Ord inance passed in t he t h i r d year

of t h e reign of H e r Majesty Queen Victoria in t i tu led

" An Act to authorize the establishment of Markets in " certain Towns in the Colony of New South Wales and "for the appointment of Commissioners to manage the " same " (here state the offence and the time and place when and where the same was committed) cont rary to t he said Ac t (or con t ra ry to a bye-law duly made in pu r suance of the said Act ) and I (or we) t h e Jus t i ce (or Jus t ices) aforesaid do adjudge and de te rmine t he said A. B . for t h e said offence to forfeit and pay t h e s u m of

and do order t h e same to be fo r thwi th paid in to m y (or our) hands for t h e Treasurer of said Commissioners and for the uses and purposes of said reci ted Ac t and I (or we) do fur ther order t he said A. B . for thwi th to pay to C. D . t h e compla inan t t h e s u m of as and for his reasonable costs by h i m incur red in and about t he said convict ion.

Given unde r m y (or our) h a n d (or hands) and seal (or

seals) t h e day and year first above wr i t ten .

35 . A n d be it enacted Tha t w h e n any distress shall be m a d e

for any s u m or sums of money by v i r tue of t h i s Ac t t h e distress itself shal l no t be deemed unlawful no r shal l t he p a r t y or par t ies m a k i n g

t h e same be deemed a t respasser or t respassers ab initio on account of

any i r regu la r i ty which shal l be af terwards done by h i m or t h e m b u t

t h e person or persons aggrieved by such i r regu la r i ty shal l and m a y recover full satisfaction for t h e special damage in a n act ion upon the case.

30. A n d be it enacted Tha t it shal l and may be lawful for t h e said Commissioners for t h e t ime be ing from t ime to t ime to bor row and t ake u p a t in teres t such sums of money as they shall j u d g e necessary not exceeding in t he whole t h e s u m of two t h o u s a n d pounds u p o n t h e credit of t h e tolls dues and s u m or sums of money derivable from said M a r k e t t o be collected by v i r tue of t h i s A c t and by wr i t i ng unde r the i r h a n d s and seals or t he hands and seals of anv three or more Commissioners where t he n u m b e r of Commissioners shal l no t exceed five and of any five or more where t h e n u m b e r shall exceed five to assign all or any p a r t of the said tol ls dues and s u m or sums of money to such persons as shall lend or advance any money thereon or the i r t rus tees as a securi ty for the pr incipal money to be advanced wi th in teres t the reon not to exceed ten per c e n t u m per a n n u m a n d t h e costs a n d expenses of such ass ignment shall from t ime to t ime be defrayed by the said Commissioners out of t he monies so to be borrowed and every such ass ignment shall be by deed in

which

which t h e considerat ion money for t he same shal l he t r u l y s ta ted and m a y he in t h e words or to t h e effect following ( tha t is t o s a y ) —

W e be ing of t he Commissioners

duly elected for t h e regu la t ion and m a n a g e m e n t of t he

M a r k e t s in t h e town of in considerat ion of

pounds len t and advanced by A. B . of	upon the
credi t of	a n d for t he purposes of an Act passed in

t h e t h i r d year of t h e re ign of H e r Majesty Queen

Victor ia in t i tu led " An Act to authorize the establishment " of Markets in certain Towns in the Colony of New South " Wales and for the appointment of Commissioners to

" manage the same" do he reby g ran t and assign to

(or his t rus tee) his executors admin i s t ra to r s and

assigns such propor t ion of t he tol ls dues and s u m or sums of money ar i s ing by v i r tue of t h e said recited Act from t h e M a r k e t in said t o w n of as t he same doth or shall bear to t h e whole sum which shall have been or m a y at any t i m e be borrowed or become due or owing or be charged upon the credit of t h e said tolls dues and sum or sums of money respectively from th i s day of

un t i l t he said s u m of pounds

w i t h interest; a t pe r c e n t u m per a n n u m for t h e

same shall be repaid a n d satisfied.

I n wi tness whereof we have he r eun to set our hands

and seals th i s day of

A n d all such ass ignments shal l be n u m b e r e d commencing wi th n u m b e r

one and so proceeding in an a r i thmet ica l progress ion ascending a n d every such securi ty shall be good valid and effectual and shal l ent i t le t he person to w h o m t h e same shall be made his executors admin i s t r a to r s and assigns to t he p a y m e n t of t he money thereby secui*ed and to all profits and advantages thereof according to t h e i n t en t and m e a n i n g of th i s Ac t and copies of such securit ies shall be en te red in a book to be kep t for t h a t purpose by the Clerk or Secre tary of said Commissioners wi th in fourteen days after such ass ignments shal l be made as aforesaid and all persons to w h o m any such assign­ m e n t shall have been m a d e or who shall be en t i t l ed to t h e money

the reby secured m a y from t ime to t i m e transfer the i r r i g h t t i t le or

in te res t the re in a n d to t h e pr inc ipa l money and interest the reby secured to any person whomsoever and every such t ransfer shall be by deed in wh ich t h e considerat ion money for such t ransfer shall be t r u l y	s tated a n d m a y be in t he words or to t he effect following	( tha t is t o
s a y ) —

I (or we) of in considerat ion of pounds

pa id by of do hereby t ransfer

t h e ass ignment w i th in wr i t t en or he reun to annexed (as t he

case m a y be) wi th all m y (or our) r i gh t a n d t i t le to t he

pr inc ipa l money the reby secured and to all t h e in teres t

now due u p o n t h e same u n t o	A. B . his (or her )	executors
admin i s t r a to r s	and	assigns.

I n witness whereof I (or we) have he reun to set m y

h a n d (or our hands) th i s day of

A. B .

Wi tne s s

which t ransfer shal l be produced and notified to t h e said Clerk or Secretary of t h e said Commissioners who shall wi th in fourteen days nex t after such produc t ion cause an en t ry or memor ia l to be m a d e thereof con ta in ing the date and n a m e of t he par t ies and sums of money in a book to be kep t for t h a t purpose for which the said Clerk shal l be pa id t h e s u m of live shill ings and after such en t ry m a d e a n d

not

no t u n t i l t h e n such ass ignment shal l ent i t le such assignee his (or her ) executors admin i s t r a to r s a n d assigns to t he benefit thereof and pay­ m e n t t he reon and every such assignee shal l and m a y in l ike m a n n e r from t ime to t i m e assign aga in and it shall no t be in t h e power of t h e person m a k i n g such ass ignment to m a k e void a n n u l or d ischarge t h e same or any money thereby secured or any p a r t thereof a n d all money so to be advanced and lent a n d the in teres t thereof shal l be and is hereby charged u p o n and shall be paid and payable from t i m e to t i m e out of t h e tolls dues and s u m or sums of money hereby g ran ted and all persons who shall be possessed of t h e said securit ies shal l be credi tors on t he said tolls dues and s u m or sums of money in an equa l degree wi thou t preference in respect t o t he pr ior i ty of thei r advanc ing t h e money thereon.

37. A n d be i t enacted Tha t all act ions and sui ts against any

person or persons indebted to t h e said Commissioners and all t h e p ro ­ ceedings a t law or in equi ty to be in s t i t u t ed and prosecuted by and on behalf of t h e said Commissioners and where in t he said Commissioners shall be in any way concerned agains t any person or persons what ­ soever shal l and m a y lawfully be ins t i tu ted in t h e n a m e of the person who shal l be Cha i rman of t h e said Commissioners a t t h e t ime such act ion suit or o ther proceeding shall be ins t i tu ted as t he nomina l jDlaintiff compla inant or pe t i t ioner on behalf of t h e said Commissioners and t h a t all act ions sui ts and o the r proceedings in law or in equi ty t o be commenced ins t i tu ted or prosecuted agains t the said Commissioners shal l be commenced ins t i tu ted and prosecuted agains t t h e said Chair­ m a n and t h a t in all ind ic tments and informat ions it shall be lawful t o s ta te t h e p roper ty of t h e said Commissioners to be t h e p rope r ty of t he

said C h a i r m a n for t he t ime be ing a n d any offender or offenders m a y

t h e r e u p o n be lawfully convicted of such offence a n d t h e death

res ignat ion or remova l of such C h a i r m a n whose n a m e shall be made use of in any such proceeding shall no t aba te a n y such act ion suit or o ther proceeding b u t t h e same m a y be con t inued where it left off a n d be prosecuted and carr ied on in t h e n a m e of any person who m a y be

or become C h a i r m a n for t h e t i m e be ing of t he said Company .

38 . A n d be it enacted T h a t al l fines a n d penal t ies which shall

be levied a n d enforced u n d e r th i s A c t shal l be pa id to t he said Com­

missioners to be applied by t h e m for t he purposes of such M a r k e t .

39. A n d be it enacted Tha t no proceedings to be h a d and t a k e n

in p u r s u a n c e of th i s Ac t shall be m a d e void quashed or vacated for

w a n t of form or be removed by certiorari or any o ther wr i t or process

whatsoever	in to t h e Supreme Cour t any L a w A c t or S t a t u t e to the con­
t r a r y	no twi ths t and ing . 40. A n d be it enac ted T h a t no fine pena l ty or forfeiture shal l

be recoverable by a n d u n d e r a n y of t h e powers given by th is Act unless proceedings shal l be commenced or t aken for t h e same wi th in

one calendar m o n t h after t h e commission of the offence.

4 1 . A n d be i t enacted Tha t in case the re shal l be no Police

Mag i s t r a t e in any town or place where in a M a r k e t m a y be establ ished

unde r th i s Ac t or where in t h e i nhab i t an t s m a y desire to establish such M a r k e t i t shal l and may be lawful for t he said Governor to appoin t a person being a Mag i s t r a t e a n d res id ing w i th in five miles of such t o w n or place to do and perform the several acts which the Police Magi s ­ t r a t e of such town or place is here in directed au thor ized or requ i red to do or perforin ami all acts done or performed by the person so appointed shall have t he same force and effect as if they were done or

performed by a Police Mag i s t r a t e as aforesaid.

42. Provided a lways and be i t enacted Tha t n o t h i n g in th i s

A c t conta ined shall be deemed to affect or apply to any r igh t	t i t le	or
in te res t

in teres t of H e r Majes ty H e r H e i r s and Successors except ing such,

as are men t ioned here in .

4-3. A n d he i t enacted Tha t from and after t h e pass ing of th is

Act so m u c h of a n Ac t passed in t h e second year of t h e re ign of H e r p resen t Majes ty in t i tu led " An Act for regulating the Police in the

" Toiwns of Parramatta Windsor Maitland Pathurst and other Towns

" respectively and for removing and preventing Nuisances and Ob- *' structions and for the better alignment of Streets therein " as re la tes to t h e es tabl ishing of M a r k e t s and t h e m a k i n g of regula t ions for t he same shal l be a n d t h e same is hereby repealed.