Public Parks Act of 1854 No 33a (NSW)

No. XXXIII.

P ublic P abks. An Act for the Regulation and Protection of Parks and other places of Public Recreation Convenience Health and Enjoyment, [1st December, 1854.]

Preamble.	"YTTHEREAS it is expedient that bodies of Trustees with perpetual
T V succession should he created for the purpose of liolding managing and protecting lands granted for or dedicated to purposes of public recreation convenience health and enjoyment Be it therefore enacted by His Excellency the Governor of New South Wales witli the advice and consent of the Legislative Council thereof as follows

1854.	18*̂ YIG.	No. 33.	2879
Tuhlic Farks.

1. When, and so often as any grant from the Crown shall he Trustees in srants

made unto and to the use of Trustees (and their sueeessors) of any lands for the purpose of recreation convenience health and enjoyment of the inhabitants of any city town or place in the Colony such Trustees and their successors to be appointed as hereinafter is provided shall be a body corporate under such name as the Governor shall think lit and by that name shall have perpetual succession and shall sue and be sued in relation to the said land and shall be capable of holding such land in perpetuity upon the trusts and for the uses and purposes declared in such grant.

2. If the Governor shall so think lit it shall be lawful for him

dedicated or may hereafter be dcdi(!ated by Proclamation to the purposes

aforesaid or either of them without issuing any grants and sucli

to appoint Trustees of any lands in the Colony which have been already {Ih’s with'ou’riŝ u'i'it? appointed as herein mentioned shall be a body corporate and shall possess the same powers as the Trustees named in any deed of grant Avhich may be issued as mentioned in the preceding section.

8. When any Trustee of any such lands shall die or be absent Vacancios iiov.- sup-

from the Colony for more than twelve months or shall resign or refuse or become incapable to act in the trusts or powers reposed in him in relation to the said lands it shall be lawful for the Governor to appoint a new Trustee to till every such vacancy.

4.   Such Trustees shall make such rules as they may think fit for T ihsiops to legniafe

regulating the time and manner of their meetings and the management

of their trust and generally for conducting the affairs and business	°
arising out of such trust.

5. The Trustees appointed by virtue of this Act shall have thcKii'cs .imi icguia-

powers of absolute owners (except for the purposes of alienation) iii {0“.'proTeSinn of''*'''’

respect of the land granted to or placed in trust under them and it	«removal of
shall be lawful for them to make such rules and regulations for
protection of the shrubs trees and herbage growing upon such lands
and for regulating the use and enjoyment of such lands and for the
removal of trespassers thereon and other parties causing annoyance or
inconvenience thereon as to them shall seem necessary or expedient
and for the enforcement of any such rules and regulations to impose
fines not in any case to exceed the sum of ten pounds for the breaches

thereof resTiectively Provided always that no such rules or regulations t'le ap.

1. V ^ V o TH’ov'il of th(j (iover-

shall be of any force until the same shall have been approved of by the	ami exlciiUvo
Governor and Executive Council nor until a copy thereof shall have been posted in some conspicuous place on the said land and published in the Government Gazette for at least one week.

6. I t shall bo lawful for the said Trustees or any ranger or Aid of poiicu may ba

other officer appointed by them to call in the aid of the police lor

removal by force if necessary of any person who shall be found com­

mitting ’ a breach of any of the said regulations or Iwho shall by

disorderly or insulting conduct in the immediate neighbourhood of

such lands cause annoyance or inconvenience to the persons on the

said lands or going to or coming from the same.

7 . All fines and penalties recovered under this Act or under Apidicatkm of

any rule or regulation made in pursuance thereof shall be applied in i’

manner following that is to say—the whole thereof shall be paid to

the said Trustees for the purposes of their trust if the j)roc(‘cdings for

recovery thereof shall have been taken by or by the direction of th(;

said Trustees and if such proceedings shall have been taken by any

other person such person and the said Trustees shall be cntith'd each

to one-half of the said fines and penalties.

3 E—VOL. 4. 8.

2880 No. 34. 18° VIC. 1854.

Appropriation (1855).

Penalties may be 8 . All such. flnes and penalties as aforesaid may in case of non- recovered ui a sum- payment be rccovcred by the said Trustees or any other person before mary way. t •

any J usticc oi the Teace in a summary way.

Title. 9. In all proceedings this Act may be cited as the “ Public

Parks Act of 1854.”