Sydney Building Act 1839 No 15a (NSW)

976 No. 14. S'’ V I O . 1839.

Sydney Building.

No. XIV.

S ydney B bild ikg . An Act further to amend an Act passed in the Eighth Year of tJie Eeign of His late Majesty King William the Fourth intituled “ An Act

“ for regulating Buildings and Party-ivalls and “ for preventing mischiefs hy Fire in the Town “ of Sydney.'’ [3rd October, 1839.]

I’i-eamble. TTTH EREA S a certain Act was passed by the Governor and

V V Council of New South Wales in the eighth year of the reign

8 AVm. IV. No. 6.

of Ilis late Majesty King William the Eourth intituled “ An Act for

regulating Buildings and Barty-icalls and for preventing nnschiefs

“ by Fire in the Town of Sydney ” And whereas another Act was

passed hy the said Governor and Council in the second year of the

2 Victoria No. 23.

reign of Her present Majesty Queen Victoria intituled “ An Act to “ to amend an Act intitided ‘ An Act for regulating Buildings and

“ Barty-icalls and for preventing mischiefs by Fire in the Town of “ Sydney ” And whereas it is expedient further to amend the said

first recited Act and to confine the operation of the same to certain

To have force onlyparts of the Town of Sydney Be it therefore enacted hy His

witiiin cei tain limits. Excellency the Govcimor of New South "VYales with the advice of the Legislative Council thereof That from and after the first day of Novemher next the said Act passed in the eighth year of the reign of His late Majesty King "William the Eourth as amended hy the Act passed in the second year of the reign of Her present Majesty Queen Victoria shall he in force and have cficct only within that part of the town of Sydney which is comprised within the following boundary that is to say within a line drawn due north and south through the centre of the gateway of Eort Macquarie and extending from low-Avater mark in Sydney Cove to the boundary fence of the Government Domain thence Avestward and soutliAvard along the said boundary fence to the centre of the gatcAvay in the same Avhich is situate in rear of the Prisoners’ Barrack knoAvn by the name of Hyde Park Barrack thence along the centre of the road Avhich passes from the said gatcAvay in front of the Homan Catholic Church of St. Mary and in front of the Sydney College and along the prolongation of the

,	same line to a point distant one hundred yards heyond the point Avhere the centre line of the said road is crossed by the centre line of the road leading from Liverpool-street to the neAV gaol thence to a point in the centre of Elizabeth-street distant one hundred yards to the south of the point Avhere tlie centre line of Elizabeth-street is crossed by the centre line of LiAmrpool-street thence southAvard along the centre of Elizabeth-street to the point Avhere it is met by the centre line of Campbell-street thence along the centre line of Campbell-street and the prolongation thereof to the water of Darling Harbour and thence by the line of low-water mark to Fort Macquarie.
Mode of recovering-	2. And Avhereas by the said recited Act it is provided That before any building or Avail within the limits of the said Act shall be begun to be built tbe master-Avorkman or other person causing such building or Avail to be built shall gWe notice thereof to the Surveyor or Supervisor of the District and such Suin^eyor or Super­ visor shall for vicuing such building or Aiall be paid after certain rates in said xlct specified and Avhereas it is expedient and necessary that the mode of recovering the amount of said rates in case of non-payment thereof should be better defined and expressed Be
fees &c.

it

1839. 3̂ VIC. No. 15. 977

Arrest on Mesne Process Abolition.

it therefore enacted That any Surveyor or Surveyors Supervisor or Supervisors duly appointed to carry into effect the provisions of the said recidcd Act shall and may recover any fees which now are or any fees forfeitures or p(;naltics which may hereafter become due to him or them according to the several rates and sums therein mentioned for viewing any such building or wall or otherwise howsoever upon complaint on oath hefoi-e one or more Justice or Justices of the Peace who is and are hereby authorized and required ta hear and determine the same and such Justice or Justices is and are, hereby empowered to summon any witness or witnesses to appear h(;fore him or them and to examine such witness or witnesses on oath touching such comj)laint and to make such order and adjudication therein as to such Justice or Justices shall seem meet and in case such adjudication shall he lor payment of any of the said sums of money according to the rates as aforesaid respectively and in case the same togetlier with the costs shall not he immediately paid such Justice or Justices shall and may issue forth his or their warrant to levy the same by distress and sale of the goods and chattels of the j)crson so complained against and iii default rendering the overplus (if any) to the said person after pay­ ment of the charges of such distress and sale Provided nevertheless that no fees shall be so recovered due or claimed to he due in respect of any buildings situate heyond and outside of the boundary herein­ before described.

J. And he it enacted That all fines fees or forfeitures levii'd and fcc.s&c. received by

received hy any District Surveyor or Supervisor under the said Act government thereof to he appropriated by any Law or Ordinanct; to be Sviee of thi*̂Leĝ

passed in the eighth year of the reign of His late Majesty King Treasurer and to be

William the Pourth or under the present Act ht; p,aid to the Colonial

passed by the Governor with the advice of the Legislative Council. tive Coimeii.