Sufferance Wharves Act 1846 No 15a (NSW)

No. XI.

An Act to amend the Law relating to Public	BcrFEEANCE
W h a r v e s .

and Prixaite Sufferance Wharves and the Pates

payable thereat. [30/7/ October, 184G.]

X T rilE R E A S hy two several Acts of the Governor and Legislativf; PieamWe.

V V Council of New South Wales passed in tlie seventh and eighth

years of the reign of Her present Majesty intituled respeetively “ An	̂Vie. No. 12.
“ Act to farther' amend an Act intituled ^An Act for the better freeer- “ ‘ ration o f the Torts Harbours llavenH Hoadsteads Channels Navigable “ ‘ Creeks amd Tivers in New South JTales and the better regidation of

“ ‘ Shipping in the same' ” and An Act to malce further provision fo r 8 Vie. No. ic.

“ payment o f Wharfage Tates and to amend the Laws fo r the “ regulation, o f Shipping in certain cases” it was amongst other things enaeted that it should ho lawful to levy certain rates of wharfage on all goods merchandise and packages landed at or laden from any public or private sufferance wharf in any port or harbour witliin the Govern­ ment of New South Wales and also to levy a rate of one half-penny per ton per diem on all vessels loading unloading or retltting at any such public wharf after the expiration of certain periods specified in the Schedule to the said last recited Act annexed And whereas it is expedient to amend tlie said recited Acts in manner hereinafter men­ tioned Be it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative; Council thereof Tliat from and after the first day of January next the wiiariagc and ton-

said wharfage and tonnage rates shall be and are liereby abolished J-shod'̂ therc'bŷ '̂

except as hereinafter mentioned. abolished.

5 T— VOL. 2. 2.

1634 No. 11. 10'’ VIC. 1846.

Sufferance Wharves.

Governor authorized 2. And be it enacted That it shall and may be lawful to and

L o n f o / t e r m n o t ^ " * ^ ' C o l o n y for tlie time being from time

exceeding one year, to t ime, to authorize and direct the wharfage and tonnage rates

payable at any public wharf under the provisions of tliis Act to be demised and let to farm by public auction for any term not exceeding one year and for that purpose to advertise and

couditions.Gazette or otherwise as he shall direct of the time of letting Notice of letting and give sucli public noticc in the New South Wales Government

the same and the conditions thereof and the highest bidder at the

Highest bidder to	time of letting the same (if such bidding be accepted and such
enter into bond.	bidder enter into and give bond with sureties hereinafter in that behalf mentioned) shall be declared to be the lessee of the said rates respec­ tively for the term specified in such notice and conditions of the
In case of default	auction and if the highest bidder at snch auction shall neglect or refuse
rates to be put up
again.	forthwith to enter into such bond with sureties in manner hereinafter mentioned the said rates shall be again immediately put up to auction and shall in like manner be put up again in case of any default until a bidder shall be found wbo will enter into the bond with the sureties required.

Lessee to charge	3. And be it enacted That it shall be lawful for the lessee of
wharfage and ton­

nage rates not	any such rates to charge and to recover wharfage rates on any goods
exceeding those	landed at the same and also a tonnage rate on all vessels loading
fixed by 8 Vic. No.
1C.	unloading or refitting at such public wharf after the respective periods
Exceptions.	mentioned in the Schedule to the last recited Act annexed Provided that the said wharfage rates and tonnage rates respectively and that the wharfage rates and tonnage rates chargeable at any private suffer­ ance wharf in the said Colony shall not exceed the rates authorized to be levied on goods merchandise and paekages landed at public wharfs by the said last recited Act and that no goods belonging to Her Majesty Her Heirs and Successors shipped or landed for the j)ublic service by order of His Excellency the Governor for the time being or any ship or vessel belonging to or in Her Majesty’s service shall lie subject to any such wharfage or tonnage rate as aforesaid.

In case no bidder at	4. And be it enacted That in case no bidder shall offer or in
auction Governor

may authorize the	case the said rates shall not be let at such auction it shall and may be
acceptance of a pri­	lawful for the Governor of the said Colony for the time being to
vate tender.	authorize the acceptance of a private tender or offer for the same under such terms and conditions and in such manner as he may

\ direct and upon the acceptance of any such private tender as aforesaid and upon the person or persons making the same duly entering into the like bond w ith sureties as hereinafter is directed it shall and may be lawdul for the said Governor to direct the said wharves to be demised and let to farm to the person or persons whose tender in such case shall have been accepted in manner hereinafter

■ directed.

Alter gale or aeoe t enacted That upon entering into the said bond

aiicrorteuder’̂ anT ’ with suretics as hereinafter directed by any such person or persons

enLred'in’to rftes to ^cing the highest bidder or bidders at any such auction or being the be leased by deed, person or pcrsons w'hosc tender shall or may have been accepted in

manner hereinbefore mentioned it shall and may be lawful for the Colonial Treasurer or other person or persons appointed by the Gover­ nor for the time being to demise and lease to farm to such person or persons the rates bid or tendered for by him or them respectively for the term specified in the noticc or tender (as the case may be.)

As to the nature and And be it enacted That immediately after such rates shall

lorn °of the bond to have been knocked down to the highest bidder at any such auction or

t beTsTe ' i f immedia te ly after the acceptance of any such tender for the same as

hereinbefore mentioned the person or persons who shall be declared the highest bidder or bidders at such auction or the person or persons

whose

1846. 10̂ VIC. No. 11. 1635

Sufferance Wharves.

whose tender shall have been so accepted shall immediately or so soon

after as may he enter into a bond with two sufRcient suretics to be

approved of by the Colonial Treasurer or other person or persons

appointed by the Governor in a penal sum of double the amount of

rent which such highest bidder or such tenderer shall have bid or

offered for the same conditioned for the payment of the rent as the

same shall become due and payable according to the terms and con­

ditions of the sale or tender for the same and for the observance and

performance of all laws ordinances rules and regulations which now

are or shall .or may during the term of such lease or demise he in

force respecting the said rates which shall have been so hid or ten-

-

dered for by him or them and respecting the wharves at which the

same shall he payable.

7. And he it enacted Tliat in case the bidding or tender for the Governor may ap-

said rates as aforesaid by the person or persons bidding or tendering cXct’iaterin'’

for the same shall be deemed insufficient or in case such bidding certain cases.

or tendering shall not be accepted or completed as aforesaid or

in case the Governor for the time being shall deem it more advanta­

geous to the Revenue of the said Colony that the said rates so to he

collected under this Act should he collected and received by

collectors or other persons to be appointed by the Government it shall

and may be lawful for the Governor for the time being to nominate

and appoint a collector or collectors or other officer necessary to collect

the rates so leviable at any public wharf aforesaid and every such Per.sons so appointed

(‘ollector or other officer so appointed shall have all the powers and powerand'̂ tr̂ *̂

remedies as to the collection of the said rates and shall he under and suiijoct to tiic same

subject to such rules and regulations as the lessee of the said rates penaiaes*a™̂ ̂

respectively would have or would he under and subject to in case the

same had been let or demised so far as the same may he applicable

Provided however that every such collector or other officer s o Amito cxep,ut«bond.s

appointed shall before he shall enttir into the receipt and collection of th« roce-pt “p

sutdi rates enter into a bond or bonds with or without sureties as the rate,

said Governor may require for the due and faithful discharge of his

duties and for the payment of the said rates and the performance of

such other terms and conditions as the Governor for the time being

may think necessary to require.

8. And be it enacted That in case all or any of the rates payable in case of non-pay- at public wharves shall be demised or let to any person or persons in “readfor"ondition any manner whatsoever and the lessee or lessees shall neglect or refuse or pic lease becoming

i o perform the conditions on which the same shall he so let or in case Jê ifse'togUeX̂ 'os the rent or rents agreed to be paid by such lessee or lessees shall be in session iiow the same

arrear for the space of fourteen days next after the day or days on “ ®	‘oeoveie .
which the same ought to he paid or the term or terms for which such
lessee or lessees held the same shall in any other manner become void
it shall and may be lawful for any Justice of the Peace upon complaint
made upon oath by or on behalf of the Colonial Treasurer or other
person appointed by the Governor as aforesaid by warrant under his

hand and seal to order a constable or other peace officer with such	■
assistance as may he necessary to enter upon and take possession of
any wharf or wharves and building or buildings and appurtenances
thereto belonging and to remove and put out such lessee or lessees and
the wharfinger or wharfingers servant or servants who shall be found
thereon and every lease contract or agreement for the same shall

thenceforth cease and be utterly void to all intents and purposes what-

'

soever save and except as to the conditions and agreements for payment up to that time of the rent or rents payable for the same and the other conditions or agreements contained therein on the lessee’s part and behalf and which shall or may have been broken and the same rates may be again let or demised to any other person or persons as if no former lease contract or agreement had been made relative thereto.

1636 No. 11. lO*̂ VIC. 1846

Sufferance Wharves.

In case the lessee 9. And bo it enacted That in case the lessee or lessees of on the expiration of the term or times for which the same shall have been so let or demised to him or them respectively neglect or refuse to deliver up possession to any new lessee or lessees or to any person or persons who shall he duly authorized and empowered by the Governor of the said Colony for the time being to receive the same of all wharves buildings and appurtenances belonging thereto it shall and may be lawful for any Justice of the Peace upon complaint made upon oath by or on behalf of the Colonial Treasurer or other person appointed by the Governor as aforesaid hy warrant under his hand and seal to order any constable or police officer Avith all such assistance as shall be necessary to enter npon and take pos­ session of the same and to remove and put out such lessee or lessees and wharfingers or servants as shall be found thereon and such lessee or lessees shall be liable to all and every the penalties in that behalf mentioned in the bond which he or they shall have entered into previous

sess\*on how thTsam̂ ̂	ratcs payable at any public wharf for any term or times shall
to be recovered.

, to the demise made to him her or them thereof as aforesaid and also to make such compensation to any new lessee or lessees for any loss which shall or may he occasioned or which he or they shall or may sustain by reason of his or their Avithholding possession thereof to be ascertained by any two or more Justices of the Peace and levied by

\ distress in like manner as any damages occasioned by persons making

■	default in entering into the bond required by this Act as hereinbefore
mentioned. _

i:	Lessees of rates	10. And be it enacted That during such term or times as the
!:■'

I said rates or any part or parts thereof shall be so leased as aforesaid

necessary servants any pei’son Or pcrsons Avliomsoever it shall and may be lawful for the

L	lessee or lessees thereof to nominate and appoint such other person or
r	persons as he she or they may think necessary in writing or writings
f,	under his her or their hands to collect demand and take such rates so demised leased and farmed and such person or persons so appointed as

^ ,	who may exercise
all such means for aforesaid shall and may use all means and methods for the recovery
i	the lessees may
recovery of rates as thereof in case of non-payment or evasion as such lessee or lessees might

r:	or could do under and hy virtue of this Act and also to appoint such
k	person or persons as he she or they may think necessary by writing under his her or their hand or hands as aforesaid as wharfingers or other

__________	servants Provided hoAÂ ever that such lessee or lessees shall bo
but lessees to be

answerable for their answcrablc for the coiiduct of sucli other person or persons as he she or

I-

they shall or may authorize or appoint to collect demand receive and take such rates or to he such wharfinger or other servant as aforesaid and shall be subject and liable to tbe like actions and penalties for neglect or misconduct or for the breach of any larv ordinance rule or regulation respecting the rates committed by any collector or collectors of such rates as if the same had been done committed or wilfully neglected by

k'

such lessee or lessees.

Not to prevent the 11. Provided always and be it enacted That nothing in this

use of public contained shall be deemed or construed to prevent the use of any tion of passengers and other persons at the same free of any charge

w arvesas	oroug i-	p^pixc wharf as a puhlic thorouglifarc or the landing or embarka­
fares.

Not to rej>eal 5tb

whatsoever.

Wm. IV. No. 13.

12. Provided also and be it enacted That nothing in this Act contained shall he deemed to repeal or alter an Act of the said Governor and Legislative Council passed in the fifth year of the reign of His late Majesty King William the I'ourth intituled “J[n Act for protecting public Wharves Piers Quays arid Jetties” or any regulations which have been or shall be established under the authority thereof.

Not to prevent aboii- 13. ProA'idcd aLvays and be it declared and enacted That clTrSs'when “pt- nothing in this Act or the said recited Acts contained shall be deemed

dient. Or

1846. 10̂ ̂ VIC. No. 12. 1637

Appropriation (1847).

or construed to prevent the total abolition of all rates and charges Avliatevcr leviable at any such public wharf as aforesaid whenever the public interest may render necessary or expedient any such measure.

14. And be it enacted That all sums levied and collected under Approiniaiion of

tlie provisions of this Act shall be granted to Her Majesty Her Heirs and Successors for the public uses of this Territory and in support of the Government tliereof and shall be applied in such manner as may from time to time be directed by any Acts to be passed by the said Governor and Legislative Council.

■ i ; ;