Sydney and Melbourne Councils Act 1843 No 3a (NSW)

exercise of cer ta in powers by Munic ipa l Councils established unde r those Acts and as to t he competency of certain inhab i t an t s of t he said City of Sydney and of t he Town of Me lbourne to be witnesses and to act

No. XVIII.

An Act to remove doubts in respect to the exercise of certain powers by the Councils of the City of Sydney and Town of Melbourne and to declare the competency of Witnesses and the jurisdiction of Magistrates in certain cases

within the same. [23rd February, 1843.]

WH E R E A S by certain Acts passed in the s ixth year of the reign Melbourne were incorporated and doubts have arisen in respect to t he of H e r Majesty Queen Victor ia the City of Sydney and Town of

act in various other capacit ies in ma t t e r s r e la t ing to the interests of those incorporated places by reason of thei r be ing members of t h e Corporat ions so created and i t is expedient to remove those doubts and to provide for t h e jur isd ic t ion of Magis t ra tes w i th in t he said city and

town Be i t therefore enacted by H i s Excel lency t he Governor of New

South W a l e s wi th t he advice of t h e Legislat ive Council thereof T h a t

from and after t h e pass ing of th is Act no inhab i t an t of t he City of Sydney or of the Town of Me lbou rne or of any town or city to be hereafter incorpora ted shall be deemed a n incompetent witness in proof

of any offence against the Act unde r which such town or city has been or shall hereafter be incorpora ted or in any civil or cr iminal proceed­

ing whatever by or against the Mayor or by or against the Corporat ion or any m e m b e r thereof or in which such Corporat ion or any of i ts member s shall be directly or indirect ly in teres ted and t h a t no J u d g e of the Supreme Cour t Jus t i ce of t h e Peace or o ther inhab i t an t discharging any judic ia l or civil functions wha tever shal l be disabled from act ing in t h e due discharge and execut ion of his respect ive dut ies by reason of his be ing a member of t h e Corporat ion in teres ted and tha t it shall be lawful for t h e said J u d g e s no tw i th s t and ing t h a t they or e i ther of them shall be a member of such Corporat ion to sit de termine or other­ wise adjudicate on t h e m a t t e r s b r o u g h t before t h e m connected wi th

the said Corporat ion as in any ordinary case of t he l ike n a t u r e and t h a t

it shal l also be lawful for any person n a m e d as J u r o r or Assessor t o act as such J u r o r or Assessor in any such proceeding and for any

Jus t i ce of any incorporated town to act as Jus t i ce in l ike manne r as if
he h a d not been directly or indirectly in teres ted in t he concerns of such

Corporat ion.

2. A n d whereas by t h e said Acts i t was fur ther enacted Tha t

from and after t h e t e r m of two m o n t h s after t h e first election of a Mayor in Sydney and M e l b o u r n e respectively no Jus t i ce of t h e Peace for t h e

Terr i tory of N e w Sou th Wales should have jur isdic t ion wi th in t h e l imits

of t h e said city or t o w n unless specially empowered in m a n n e r there in­ after provided and whereas doubts have ar isen whether any Jus t i ce of the Peace for t he said Ter r i to ry can wi thout be ing specially empowered

as aforesaid legally commit any offender to t he custody of t h e keepers of
t h e gaols which are respectively s i tua te wi th in t h e l imits of t he said city and town no twi ths t and ing t h a t such gaols are ma in t a ined out of t he publ ic funds of t h e said Colony and whereas i t is expedient to remove such doubts Be it therefore declared and enacted T h a t it shall and may be lawful for any Jus t i ce of the Peace for t h e whole or any

p a r t of the Terr i tory of N e w Sou th W a l e s t o commit any offender to	any gaol s i tuate wi th in t h e l imi t s ei ther of t he City of Sydney or Town
of Me lbourne no twi ths t and ing a n y t h i n g contained in t h e above said Acts of the s ix th year of t h e re ign of H e r present Majesty so long as such gaols shall cont inue to be main ta ined out of t he publ ic funds of the said Colony.

3 . A n d be i t enacted Tha t all wa r r an t s to a r res t deta in or

imprison offenders or o ther persons issued under t he s igna ture of one or more Jus t i ces of t he Peace no t be ing Magis t ra tes of t h e City of Sydney or Town of Melbourne shal l be of full force and effect wi th in t he said city and town respectively if endorsed by any Jus t i ce of t he Peace being a Magis t ra te of t h e said city or town respectively which endorsement any Magis t ra te of t h e said city or t o w n is hereby author ized to m a k e and vice versa in the same m a n n e r as if t he said recited Acts h a d not been passed.

4. A n d be it enacted T h a t from and after t h e passing of th is

Ac t i t shall be lawful for every person assigned to keep the Peace wi th in t h e Colony of New South Wales du r ing the cont inuance of such ass ignment to act as a Jus t i ce of t he Peace at any Court of Gaol

Del ivery

Delivery or Q u a r t e r Sessions to be holden in and for t h e City of Sydney or Town of Melbourne respectively a n y t h i n g in t h e said reci ted

Acts to t h e cont ra ry no twi ths t and ing .

5. A n d whereas fur ther doubts have ar isen as to t h e appoint­ m e n t of persons to act. as Assessors in t h e elections which are to t a k e ' place on the first day of M a r c h nex t Be i t hereby enacted and declared T h a t it shal l and may be lawful for t he Mayor to nomina te and appoint tit and proper persons to act as Assessors a t such elections in the City of Sydney and Town of Me lbourne respectively a n y t h i n g contained or supposed to be contained in t he said recited Acts to t he cont rary not­ wi ths t and ing .

6. A n d whereas doubts have arisen as to t he power in tended by the said Ac t s to be given to t h e Council of t he City of Sydney and Town of Melbourne respectively over the tolls now levied or hereafter to be levied in t h e marke t s of t he said city and town and in respect to t he power of le t t ing stalls or s tandings in any of t he said m a r k e t s Be it therefore hereby declared and enacted Tha t it shall and may be lawful for t h e Council of the said city and town respectively to impose and levy such tolls or dues as may seem to t he said Councils respectively to be necessary and proper Provided tha t such dues or tolls be fixed by bye-laws to be passed by the said Councils respectively in the man­ ner directed in t he said Acts and t h a t it shall and may be lawful to t he said Councils respectively to let or farm out t he said tolls dues and marke t stalls or s tandings in such manne r and at such rents or prices as m a y be determined on by the said Councils respectively any­ t h i n g contained in t he said reci ted Acts or in any other Act to the

con t ra ry no twi ths tand ing .

7. A n d whereas by au thor i ty of t he City Council several of the stalls and s tandings in t h e sheds of t he m a r k e t in George-street in the City of Sydney were lately let by publ ic auct ion to var ious individuals who respectively entered in to and signed agreements cont rac ts or engagements for t he ho ld ing or use or occupat ion of t h e same for the

remainder of t h e year one thousand eight h u n d r e d and forty-three at

cer ta in ren t s and on cer ta in t e rms a n d conditions and whereas i t has been deemed expedient to ratify and confirm all and every such agree­ men t s cont rac ts or engagements Be i t therefore enacted Tha t even ' agreement contract or engagement entered in to and signed by any person or persons since t he first day of J a n u a r y last for the holding use or occupat ion of any of t h e stalls or s tandings in t h e said sheds of t he said marke t in George-street as aforesaid shall be b ind ing and	conclusive upon the Mayor Alde rmen Council lors and Citizens of t he	said City of Sydney as lessors or contractors of the one pa r t a n d upon
the person and persons who has or have entered in to and signed any such agreement contract or engagement as aforesaid and as contractees or lessees of t h e o ther p a r t of the said stalls and s tandings respectively a l though the same m a y not have been let or such agreements contracts and engagements may not have been entered in to or signed in com­ pl iance wi th any law now in force re la t ing to the said marke t .

ANNO