Sydney City Incorporation Act 1842 No 10a (NSW)
No. III.
An Act to declare the Town of Sydney to be a City and to incorporate the Inhabi tants
thereof. [20th July, 1842.]
| WH E R E A S it is expedient to declare t he Town of Sydney to be a | City and for t he bet ter protec t ion care and m a n a g e m e n t of the |
| local in teres ts of t he I n h a b i t a n t s | of the said Town and for the improve |
m e n t thereof i t is expedient to incorporate t h e said I n h a b i t a n t s E e it therefore enacted by H i s Excel lency the Governor of New South Wales and its Dependencies wi th the advice of the Legislat ive Council thereof T h a t from and after t h e pass ing of th is Ac t t h e said Town shall be and be called a City and t h a t t he inhab i t an t s of the said City and the i r successors inhab i t an t s of t he same shall be and they are hereby
| cons t i tu ted a body corporate and poli t ic by and under | t he n a m e | style |
and t i t le of t h e " Mayor A lde rmen Council lors and Citizens of t h e City of Sydney " and under t ha t n a m e shall have perpe tua l succession a n d shal l be capable in law by the Counci l hereinafter men t ioned to sue and be sued and to implead and be impleaded in all Cour ts of Law and E q u i t y and other places in all m a n n e r of actions causes and m a t t e r s whatsoever and to accept t a k e purchase and hold goods and chat te ls l ands and t enement s real and personal moveable and im moveable es ta tes and to g ran t sell a l ienate assign demise and convey t h e same a n d to do and suffer all acts as a body corporate unde r and subject to t h e provisions and regula t ions of th i s Act and shall and may have a common seal and in all eases of legal proceedings service of notice thereof upon either t h e Mayor or Town Clerk for the t ime be ing shal l be deemed and t a k e n as good and sufficient service upon t h e corporate body.
2. A n d be it enacted That t he boundar ies of t h e said City shall be those which are defined in t h e Schedule to th is A c t annexed marked A.
3 . A n d be it enacted Tha t t he said City shal l be divided in to six wards to be called respectively Gipps W a r d Bourke ' s W a r d Bris bane W a r d Macquar ie W a r d Cook's W a r d and Phi l l ip ' s W a r d and tha t t h e boundar ies of t he said Avards shall be those which are described in t h e Schedule to th i s Ac t annexed marked B .
4. Prov ided always and be it enacted T h a t t he boundar ies of t h e said City and of t h e said several Avards shall be and r ema in as they are in t h e said Schedules respectively fixed and determined u n t i l such t i m e as t he duly const i tu ted Legislat ive au thor i ty of t he Colony shall otherAvise direct.
5. A n d be i t enacted Tha t Avhenever in t he descript ion of t h e
| boundar ies e i ther of t h e A\rhole City or of t he Avards thereof | contained |
| in t he said Schedules A a n d B the word n o r t h w a r d | or | southward |
eas tward or AvestAvard be used such word shall only m e a n t h e general direction in which such boundary shall proceed and t h a t Avhenever any street or road be ment ioned the centre of such street or road shall
| always be m e a n t unless otherwise | expressed. |
6. A n d be i t enacted Tha t Avhenever any doubt shall arise whether any house or o ther bu i ld ing be wi th in one or any o ther ward of t he said City it shal l be competent for t he Mayor and Council of t he said City to decide such doubt and such decision shall be final.
| 7. A n d be it enacted Tha t no misnomer or inaccura te descrip t ion contained in th i s A c t | shall in anywise p reven t or abr idge t h e |
3 o—VOL. 2. operat ion
operat ion of th i s Act w i t h respect to t he subject of such description provided t he same shal l be des ignated so as t o be unders tood.
8. A n d whereas by an Ac t of the said Governor a n d Counci l
passed in t h e four th year of t he re ign of H i s la te Majesty K i n g W i l l i a m the F o u r t h in t i tu led " An Act for regulating the Police in the Town and
" Port of Sydney and for removing and preventing Nuisances and " Obstructions therein" i t is amongs t o ther t h ings enacted tha t in order to upho ld t he l imi ts of t he said Town of Sydney some one of t he Jus t i ces appointed unde r t he said last reci ted Ac t shall pe rambula te w i th proper ass is tants t h e said l imi ts on some convenient day in Eas t e r week in each and every year and whereas it is expedient to t ransfer t he dut ies so imposed upon t he said Jus t i ces t o t he members of t he body corporate established unde r t he provisions of th is Act Be it therefore enacted Tha t so m u c h of t h e said reci ted Ac t as relates to t he pe rambula t ion of t h e boundar ies of t h e Town of Sydney shall lie and t h e same is hereby repealed accordingly.
9. A n d whereas i t is expedient t ha t t h e metes and bounds of t h e said City and of t he several wards in to which t he same is hereby directed to be divided be cons tan t ly ma in ta ined and general ly k n o w n Be it enacted Tha t t h e M a y o r of t he said City wi th in six m o n t h s after the first election of Mayor unde r th i s A c t shall cause to be set u p at the expense of t he body corporate p e r m a n e n t and conspicuous bounda ry m a r k s of i ron wood stone or o ther durable ma te r i a l in exact conformity wi th or as near as c i rcumstances will admit t he respective metes and bounds of t h e said City and t h e several wards thereof and in t h e most publ ic and convenient place a long or near t he l ine of such metes and bounds and fur ther wi th in t he period of six calendar m o n t h s after t he expi ra t ion of every successive period of th ree years thereafter a circuit of pe rambula t ion of t h e metes and bounds of the said City • and of t h e several wards in to which t he same is divided shal l be m a d e by t h e Mayor accompanied by t h e Town Clerk of t h e said City and t he Town Clerk shal l at t h e t ime of m a k i n g such pe ram bula t ion inqu i re whe the r t h e n a m e or names whereby t h e same metes and bounds or any p a r t thereof are or is described have or has been changed and b y w h a t n a m e or descript ion t h e same are or is t he re commonly known a n d dis t inguished and if any change in t he descrip t ion thereof shal l have t aken place shall no te t h e same in a book to lie kep t by h im for t h a t purpose to be called t h e " B o u n d a r y B o o k " of t he said City and the M a y o r is hereby requi red in t h e event of any of
t he said boundary m a r k or m a r k s as aforesaid heing obli terated or defaced to cause t h e same to be renewed a t t h e expense of t he body cor pora te wi th in th ree ca lendar m o n t h s n e x t after such perambula t ion as aforesaid.
10. A n d be i t enacted Tha t every Mayor or Town Clerk who shall neglect to perform t h e dut ies hereinbefore prescribed shall forfeit and pay the s u m of twen ty pounds to be recovered by act ion in t he Supreme Cour t of t h e said Colony by any person who shall sue for the same one-half to be pa id to the person who shall sue for t h e same and t h e o ther half after deduct ing t h e expenses of so su ing to be ascer ta ined by such Cour t t o be paid to H e r Majesty H e r H e i r s a n d Suc cessors for t he publ ic uses of t h e said Colony.
1 1 . A n d be i t enacted T h a t every person who shall wilfully or
maliciously pu l l down deface obl i terate in jure conceal or destroy any such bounda ry m a r k s as aforesaid shall for every such offence forfeit and pay in addi t ion to t h e va lue of such boundary m a r k or m a r k s as aforesaid any s u m n o t exceeding forty shil l ings to be recovered pa id and levied according to t h e provisions of th i s Ac t relat ive to offences
against t he same punishab le u p o n s u m m a r v conviction.
12. A n d be it enacted T h a t every male person of t he full age of twenty-one years who on t h e day of the pass ing of th i s A c t shall have occupied any house warehouse count ing-house or shop of t he a n n u a l va lue of twenty-five pounds wi th in t he said City du r ing one Avhole year preceding such date and also du r ing t h e t ime of such occupation shal l have been an inhabi tan t -householder wi th in t he said City or w i t h i n seven miles of t h e same shal l on be ing duly enrolled according to t he provis ions hereinafter conta ined be a citizen and m e m b e r of the b o d y corpora te of t he Mayor A lde rmen Council lors and Citizens of t he said City and t h a t every male person of t h e full age aforesaid who on t h e las t day of A u g u s t in any year after t h e incorporat ion of t h e said City shal l have occupied any house warehouse count ing-house or shop wi th in t he said City of t he a n n u a l va lue of twenty-five pounds clear of all charges the reupon dur ing t h e whole of one year preceding such date a n d also du r ing t h e t ime of such occupat ion shall have been an inhabi tan t -householder wi th in t h e said City or wi th in seven miles thereof shall if du ly enrol led in t h a t year according to t he provisions hereinaf ter contained be a citizen of the said City and member of t h e body corpora te of t he Mayor A lde rmen Counci l lors and Citizens of t he same Provided always t h a t no such person shall be so enrolled in any year unless he shall have paid on or before t he last day of A u g u s t as aforesaid all such ra tes inc lud ing the re in all Ci ty rates (if any) directed to be paid unde r t h e provisions of th i s Act as shall have become payable by h im in respect of t he said premises except such as shall become payable wi th in six calendar m o n t h s nex t before tin; said last day of A u g u s t Provided also t h a t t he premises in respect of t he occupat ion of which any person shall have been so r a t ed need not be t he same premises or in t h e same ward b u t m a y be different premises in t he same ward or in different wards wi th in t he City Provided likewise t h a t no person be ing an alien shal l be so enrolled in any year and t h a t no person shal l be so enrolled in any year who wi th in twelve calendar m o n t h s before shall have received eleemosynary relief in or from any benevolent a sy lum or o ther char i tab le ins t i tu t ion or who m a y have had any child admi t ted to any school or o ther es tabl i shment for o rphan or des t i tu te chi ldren in t he said Colony or i t s Dependencies wi th in t h e preceding th ree years Provided also t h a t in every case unde r th i s Ac t t h e distance of seven miles aforesaid shall be computed by t h e neares t publ ic road or way by land or water from the neares t p a r t of t h e bounda ry of the City.
13 . A n d be i t enacted That where any premises as aforesaid in
t he said City shal l be jo in t ly occupied by more persons t h a n one as
| owners or t enan t s each of such jo in t occupiers shall subject to t he | condit ions hereinbefore contained as to persons occupying premises |
| wi th in t h e said Ci ty be ent i t led to be enrolled as a citizen thereof or to vote as aforesaid in respect of t h e premises so jo in t ly occupied Provided t h a t t h e value of such premises to be ascer ta ined and determined as aforesaid shall be of an a m o u n t which Avhen divided by t h e n u m b e r of such occupiers shall give for each occupier a s u m no t less t h a n the s u m which would enti t le such person to be enrolled or to vote as afore said if he occupied separately bu t no t otherwise. | |
| 14. A n d be it enacted Tha t where any house warehouse count ing-house or shop as aforesaid in t h e said City shall come to any person b y descent mar r i age marr iage-se t t lement or devise such person shall be ent i t led to reckon t h e occupancy and r a t i n g in respect of t h e occupancy thereof by t h e person from or by whom such house ware house count ing-house or shop shall have so come to h i m as his own occupancy and r a t i n g conjointly w i th t h e t ime dur ing which he shall have since occupied and been ra ted for t he same a n d shall be ent i t led to be enrolled a citizen and to vote as aforesaid in respect of such suc cessive occupancy a n d r a t i n g provided he shall be otherwise qualified |
as
as here in provided and i t shall no t be necessary in suppor t of t he t i t le of t h e person so,to be enrolled or t o vote as aforesaid to prove t h a t he was an inhabi tan t -householder wi th in t h e said City or wi th in seven miles thereof or t h a t he was an occupant or ra ted wi th in t h e same before t h e t i t le t o such house or o ther p roper ty as aforesaid shall have devolved u p o n h im and t h e r a t i n g in t he n a m e of t h e person previously occupying shall be considered a sufficient r a t i n g of t h e person so ent i t led un t i l a new r a t e shall be made subsequent to such devolut ion of t i t le as aforesaid Provided always t h a t t h e o ther person in respect of whose previous occupancy and r a t i ng he shal l be so par t ia l ly ent i t led shal l have been enrolled a citizen or to vote as aforesaid at t he t ime of such devolut ion of t i t le as aforesaid.
15 . A n d be it enacted Tha t on or before t h e last day of A u g u s t in every year a person or persons to be called Collector or Collectors shal l be appointed by the Mayor of t h e said Ci ty for each ward of t h e same and such Collector or Collectors shal l on t h e fifth day of September in every year m a k e out an a lphabet ical list t o be called t h e Citizen Lis t according to t h e form in t h e Schedule to th i s Ac t annexed marked C of all persons who shall be ent i t led to be enrolled in t h e Citizen Rol l for t h a t year according to t he provisions of th i s Ac t in respect of p roper ty Avithin such Avard and t h e Collector or Collectors so appointed shall sign such Citizen Lis ts and shall deliver t h e same to t he Town Clerk of t h e said City on the said fifth day of September in every year and each Collector shall keep a t r u e copy of t h e list so delivered by h im to be perused by any person wi thou t paymen t of any fee at all reasonable hours between the fifth and fifteenth day of September in every year a n d the TOAVTI Clerk shall for thwith cause copies to be p r in t ed of all such lists delivered to h i m and shall deliver a copy of any such list to any person requ i r ing t h e same on p a y m e n t of a reasonable price for each copy and shal l cause a copy of t he Citizen Lis t of each ward to be fixed on some publ ic and conspicuous bu i ld ing wi th in t h e Avard on eA-ery day du r ing t h e week nex t preceding the fifteenth day of September in each year .
16. A n d be i t enacted Tha t any person: A\hose n a m e shall have been omit ted in any such Citizen Lis t and who shal l claim to have his n a m e inserted there in shall on or before t h e fifteenth day of September in every year give notice thereof to t he Town Clerk in Avriting according to t h e form in t he Schedule to t h i s Ac t annexed marked D or to t h e l ike effect and eA*ery person AA'hose n a m e shall have been inser ted in any Citizen Lis t m a y object to any other person
as not be ing ent i t led to have his n a m e re ta ined in t h e Citizen Lis t and any person so objecting shall on or before t h e fifteenth day of Septem ber in every year give to t h e ToAvn Clerk and also to t h e person objected to or leave a t t h e premises for Avhich he shall appear to be ra ted in t h e Cit izen Lis t notice thereof in wr i t ing according to t h e form in t he Schedule to th i s A c t annexed m a r k e d E or to t h e l ike effect and the ToAvn Clerk shall inc lude t h e names of all persons so c la iming to be inser ted on the Citizen Lis t in a list according to t h e form in t h e Schedule to th i s Ac t annexed m a r k e d E and shall inc lude t h e names of all persons so object?d to as not ent i t led to be re ta ined on t h e Citizen Lis t in a list according to t he form in t h e Schedule to th is A c t annexed marked G and shall cause copies of such several lists t o be fixed on the ou te r doors or walls of t h e said publ ic or conspicuous bui ld ings respectively Avithin each Avard du r ing the eight days n e x t preceding the first day of October in every year and the Town Clerk shall likeAvise keep a list of t h e names of all persons so c la iming as aforesaid and also a list of t h e names of all persons so objected to as aforesaid to be perused by any person Avithout payment of any fee a t all reasonable hours du r ing the eight days (Sunday excepted) n e x t
preceding
preceding t h e first day of October in every year and shal l deliver a copy of each of such lists to any person r equ i r ing t h e same on pay m e n t of a s u m no t exceeding one shi l l ing for each copy.
17. A n d be i t enacted Tha t an A lde rman and two Assessors to be chosen as hereinaf ter men t ioned in every year by t he citizens of every wa rd shall respectively hold a n open Cour t w i th in such ward for t h e purpose of revising t h e said Citizen Lis ts such revisions to t ake place a t such t i m e as the said A l d e r m a n a n d Assessors shall appoin t between the first day of October inclusive and the fifteenth day of October inclusive in each and every succeeding year they hav ing first given th ree clear days ' not ice of t he hold ing of such Court such not ice to be placed on the outer doors respectively of some publ ic and con spicuous bui ld ing wi th in t h e said ward a n d t h e Town Clerk or person ac t ing as such shall at t he opening of t h e Cour t p roduce the said lists and a copy of t he l ists of t he persons so c la iming and of t he persons so objected to made out in m a n n e r aforesaid and the Collectors of Ha tes unde r th i s Act shall a t t end the Cour t and shall answer upon oa th all such quest ions as t h e Cour t may p u t to t h e m or any of t h e m touch ing any m a t t e r necessary for revising t h e Citizen Lis ts and the said A lde rman shal l insert in such lists t he n a m e of every person who shall be proved to t h e satisfaction of t h e Cour t to be ent i t led to be inserted there in according to t he provisions of th is Act and shall re ta in on t h e said l ists t h e names of all persons to w h o m no objection shall have been duly made and shall also re ta in on the said l ists t he names of every per son who shall have been objected to by any person unless t he pa r ty so objecting shal l appear by himself or by some one on his behalf in sup por t of such objection and when the n a m e of any person inser ted in ei ther of t h e said lists shall have been duly objected to and the person object ing shall appear by himself or by some one on his behalf in suppor t of such objection the Court shall requi re proof of t h e qualification of t he person so objected to and in case t he qualification of such person shall not be proved to t he satisfaction of t he Cour t the said A l d e r m a n shall expunge the n a m e of every such person from t h e said l ists and shall also expunge therefrom t h e n a m e of every person who shall be proved to t h e Cour t to be dead or to have been disqualified or in capaci ta ted and shall correct any mis take or supply any omission which shall be proved to t he Cour t to have been m a d e in any of t he said lists in respect of t he name or place of abode of any person who shall be included there in or in respect of t he local descript ion of his p roper ty Prov ided always t h a t no person 's n a m e shal l be inser ted by t h e said
Alder] n a n in any such lists or shall be expunged therefrom except in
t h e case of dea th unless not ice shall have been given as is hereinbefore
required in each of t h e said cases.
18 . A n d he i t enacted Tha t every A l d e r m a n hold ing any Cour t
unde r th i s A c t for t he revision of t he said l ists shall have power to adjourn t he same from t ime to t ime provided t h a t no such adjourned Cour t shall be held beyond the said fifteenth day of October and the said A l d e r m a n shall have power to requi re any person hav ing the custody of any book conta in ing any ra te m a d e for t he said City du r ing tha t or t h e preceding year to produce t he said book and allow the same to be inspec ted at any Cour t to be he ld for t h e revision of t h e Citizen Lis ts and t h e said A lde rman shall have power to adminis ter an oa th or oaths as well to t h e Town Clerk and to the Collectors as to all persons c la iming to be inser ted in or m a k i n g objection to t h e omission or inser t ion of any n a m e in any of t h e said l ists and to all persons objected to in any such lists and to all persons c la iming to have any mis take in any of such lists corrected and to all witnesses who may be tendered or examined on either side by which oa th t h e person unde r examinat ion shall be requi red to s ta te t he t r u t h t he whole t r u t h and no th ing b u t t h e t r u t h re la t ing to t he m a t t e r in
h a n d
h a n d and the said A l d e r m a n and Assessors by t h e decision of t h e
th ree or any two of t h e m shall u p o n t h e hea r ing in open Cour t deter
m i n e upon t h e val idi ty of such claims a n d objections and the said A lde rman shall i n open Cour t wr i te his ini t ials aga ins t t he names s t ruck ou t or inser ted and against any p a r t of t h e said l ists in which any mis takes shall have been corrected and shal l s ign his n a m e to every page of t he several l ists so settled.
19. A n d be i t enacted Tha t every person au thor ized by law to
m a k e a n affirmation ins tead of t a k i n g an oath shal l m a k e such affirma t ion in every case in which by th is Ac t an oa th is r equ i r ed to be t aken and if any person t a k i n g any oa th requi red by th i s A c t or m a k i n g any affirmation ins tead of t a k i n g such oath shall wilfully swear or affirm falsely such person shall be deemed gui l ty of per jury and shal l be
pun i shed accordingly. 20. A n d be i t enacted Tha t t he Cit izen Lis ts of each ward so revised and signed as last aforesaid shall be delivered by t h e said A l d e r m a n to t he Town Clerk who shall keep t h e same and shall cause each of t h e said Citizen Lis ts to be fairly and t r u l y copied in to an a lphabet ica l list in books to be by h i m provided for t h a t purpose t he Citizen Lis t of each ward being kep t separate wi th every n a m e therein n u m b e r e d beg inn ing the n u m b e r s from t h e first n a m e and con t inu ing t h e m in a r egu la r series to t h e last n a m e and shall cause such books to be completed on or before t h e twenty-second day of October in every year a n d shal l deliver such books toge ther wi th t h e lists a t t he expira t ion of his office to t h e person succeeding h i m in such office; and every such book in which t h e said Citizen Lis t s shall have been copied shal l be t h e Citizen Rol l of t he Citizens of t h e several wards of t h e City ent i t led to vote after t h e pass ing of th i s A c t in t he choice of t he Counci l lors Assessors and Aud i to r s of t h e said City as herein after ment ioned a t any election which m a y t ake place in t h e said City be tween the first day of November inclusive in t h e year where in such Citizen Lis t shal l have been made and t h e first day of November in t he succeeding year .
2 1 . A n d be it enacted Tha t t h e Town Clerk shal l cause copies
of t h e Citizen Ro l l in every year to be wr i t t en or p r in ted and shall deliver one copy of each list to t h e A l d e r m a n of each ward and fur ther copies to all persons app ly ing for t he same on p a y m e n t of a reasonable pr ice for each copy and the a m o u n t received for such copies and for copies of t he Collectors ' Lis ts and of t he lists of claims and objections as aforesaid shall be pa id over to t h e Treasurer of t he said City and shall
be appl ied by h im in aid of t he City F u n d hereinaf ter mentioned.
22. A n d be i t enacted Tha t t h e Council hereinafter ment ioned
shall t ake an .account of t h e reasonable expenses incur red by t h e Collectors and Town Clerk in car ry ing in to effect t h e several provisions of th i s A c t so far as relates to t he said l ists and the revision and publ i cation thereof and shall order the i r Treasurer to pay t h e same out of
t h e said City F u n d . 23 . A n d be i t enacted Tha t in every year a t t h e t imes and in t h e m a n n e r hereinafter ment ioned the re shal l be elected t h e n u m b e r hereinaf ter men t ioned of fit and proper persons who shall be called the Counci l lors of t h e said City and t h e n u m b e r hereinaf ter ment ioned of fit and proper persons who shall be called t h e A lde rmen of the said City and one fit and proper person who shall be called t he M a y o r of t h e said City a n d such M a y o r A lde rmen a n d Council lors for t h e t ime 'being shal l be and be called t h e Council of t he said City.
2 1 . A n d be i t enacted Tha t every citizen who shall be enrolled
on t h e Citizen Ro l l for t h e t ime be ing shall be ent i t led to vote in t h e election of Council lors Audi to r s and Assessors hereinafter ment ioned and no person who shall not be enrolled in such Citizen Rol l for t h e
t ime
t ime be ing shal l have any voice or be ent i t led to vote in any such
election.25. A n d be i t enacted Tha t upon the first day of November nex t after t he pass ing of th i s A c t t h e citizens so enrolled in every ward shal l openly assemble and elect four persons qualified as herein after men t ioned to be t he Councillors of such City.
20. A n d be it enacted Tha t on t he first day of November in every succeeding year one Council lor in each ward shall go out of office b y ro ta t ion and t h a t an election be held in each ward to supply his place provided however t h a t t he Councillor so going out of office may be re-elected if still duly qualified.
27. A n d be it enacted Tha t t h e Council lors first elected unde r t he provisions of th i s Ac t in each ward shall go out of office in the following order t h a t is to say t he Council lor who was elected by the smallest n u m b e r of votes shall be t he first to go out of office t h e Council lor who was elected by the nex t smallest n u m b e r of votes shall be t he nex t to go out of office and so on and t h a t afterwards t he Councillor to go out of office shall a lways be t he one who has been longest in office wi thou t re-election Provided however t h a t no Councillor wh o may be elected to be an A l d e r m a n or Mayor sha l l be compelled to go out of office as Councillor earl ier t h a n is hereinafter provided.
28. A n d be i t enacted T h a t t h e election of Council lors wi th in
each ward according to t h e provisions of th i s Act shall be held before t h e A l d e r m a n and Assessors for t h e t ime be ing of each ward except as hereinafter is excepted and the vo t ing a t every such election shall commence at n ine o'clock in the forenoon and shal l finally close a t four o'clock in t he afternoon of t h e same day and shal l be conducted in m a n n e r following t h a t is to say every citizen ent i t led to vote in
t h e election of Council lors may vote for a n y n u m b e r of persons not exceeding t h e n u m b e r of Council lors t h e n to be chosen by del ivering to t h e said A lde rman and Assessors or o ther pres iding officer as here inafter men t ioned a vot ing paper con ta in ing the Chr is t ian names and su rnames of t h e persons for w h o m he votes w i th the i r respective; places of abode and descriptions such paper be ing previously signed wi th t he n a m e of t h e citizen vot ing and wi th t h e n a m e of t h e street lane or o ther place in which the p roper ty for which he appears to be
ra ted on t h e Cit izen Ro l l is s i tuated. 29. A n d be i t enacted Tha t at every election in any ward t h e
Mayor if i t shall appear to h i m expedient for t ak ing the poll a t such
election m a y cause booths to be erected or rooms to be h i red and used as such booths in one place or in several places wi th in each ward as occasion m a y requ i re and the same shall be so divided and al lot ted into compar tmen t s as to t h e Mayor shall seem most convenient and the Mayor shall appoin t a clerk to t ake t h e poll a t each compar t men t and shall cause to be affixed on t h e mos t conspicuous pa r t of each of t he said booths t h e names of t h e wards or pa r t s of wards for which such booth is respectively al lot ted and no person shall be admit ted to vote at any such election except at t he booth al lot ted for t h e pa r t where in t he house warehouse count ing-house or shop occupied by h i m as described in t h e Citizen P o l l m a y be b u t in case no boo th shall happen to be provided for any par t i cu la r p a r t as aforesaid t h e votes
of t h e person vo t ing in respect of p roper ty s i tua te in any p a r t so
omit ted m a y be t aken a t any of t h e said booths a n d publ ic not ice of the s i tua t ion division and a l lo tments of t he different booths shal l be given two days before t h e commencement of t h e poll by the. Mayor and in case t h e booths shall be s i tuated in different places t he Mayor may appoin t as m a n y persons to act as deputies for t he A lde rman and Assessors as m a y be necessary Provided always t h a t no election shal l
be
be holden u n d e r th i s A c t in any church chapel or other place of publ ic
worship .
30. A n d be i t enac ted Tha t no inqu i ry shall be permi t t ed a t
any election as to t h e r igh t of any person to vote as a citizen except only as follows t h a t is to say t h a t t he A l d e r m a n or other pres id ing officer shal l if requi red by any two citizens ent i t led to vote in t h e same ward p u t to any voter a t t h e t ime of his del ivering in his vo t ing paper and no t af terwards t he following quest ions or any of t h e m and
no o the r—
F I R S T . — A r e you t h e person whose n a m e is signed as A B to the vot ing paper now delivered in by you ?
S E C O N D . — A r e you t h e person whose n a m e appears as A B in t h e Citizen Rol l now in force for th i s wa rd being regis tered t h e r e i n as r a t ed for proper ty described to be s i tuated in (here specify the street described in the Citizen Roll) ?
T H I R D . — H a v e you already voted a t t h e p resen t election ?
A n d no person requ i red to answer any of t he said quest ions shall be pe rmi t t ed or qualified to vote u n t i l he shall have answered t h e same and if any person shal l wilfully m a k e a false answer to any of the quest ions aforesaid he shall be deemed gui l ty of a misdemeanor and may be indicted and pun i shed accordingly.
3 1 . A n d be i t enacted Tha t t h e A l d e r m a n and Assessors shall
examine t h e vo t ing papers so delivered as aforesaid for t he purpose of ascer ta in ing which of t he several persons voted for are elected and so m a n y of such persons be ing equal t o the n u m b e r of persons t hen to be chosen as shal l have t h e greatest n u m b e r of votes shal l be deemed to
be elected a n d in case of an equal i ty in t he n u m b e r of votes for any
two or more persons t he A l d e r m a n and Assessors or any two of t h e m shal l n a m e from amongs t those persons for w h o m t h e n u m b e r of votes shall be equa l so m a n y as shall be necessary to complete t h e requis i te n u m b e r of persons to be chosen and t h e A l d e r m a n shall cause t h e vo t ing papers to be kep t in t h e office of t h e Town Clerk d u r i n g six calendar m o n t h s a t t h e least after every such election and the Town Clerk shall pe rmi t any cit izen to inspect t h e vo t ing papers of any year on p a y m e n t of one shi l l ing for every search and t h e A lde rman shal l publ i sh a list of t h e names of t h e persons so elected no t later t h a n two of t h e clock in t h e afternoon of t he dav next bu t one following the dav of such election.
32. A n d be i t enacted Tha t t h e A lde rman and Assessors in
examin ing t he vo t ing papers as aforesaid shal l reject none from m e r e w a n t of form Provided t h a t t h e n a m e or designat ion of t h e p a r t y s igning t h e paper and t h e names of t he par t ies contained in i t be intel
l igibly expressed and in a m a n n e r t o be commonly understood.
33 . A n d be it enacted Tha t on t he first day of M a r c h nex t
following after t he first election of Council lors unde r th i s A c t a n d on the first day of M a r c h in every year thereafter t he citizens of each ward shall elect from persons qualified to be Council lors two citizens who shall be and be called t h e Assessors of such ward and every such Assessor shall con t inue in office one year and t h e election of such Assessors respectively shal l be in t he form and m a n n e r hereinbefore provided for t h e election of Council lors Provided tha t no citizen shall be eligible t o be or be elected or qualified to act as Assessor as aforesaid who shal l be of t h e Council or shall be t h e Town Clerk or t h e Treasurer of t h e Corporat ion.
34. A n d be i t enacted T h a t on t h e said first day of M a r c h in
every year after t he pass ing of th is Ac t t he citizens of t he said City shal l elect two fit a n d proper persons qualified to be bu t not ac tual ly be ing of t h e Council t o be t he Audi to rs of t he said City and t h e
Audi to r s
Audi to r s so elected shall hold office for one year b u t be capable of being re-elected if still du ly qualified.
35. A n d be it enacted Tha t if any ex t raord inary vacancy shal l at any t ime occur in t he office of Aud i to r by reason of dea th or o therwise t h e Mayor of t he said City shall appoint a day for the election of a person to supply t h e place of t h e Aud i to r so dying or vaca t ing office wi th in twenty-one days after t h e occurrence of such vacancy and shall cause an election of an Audi to r to be held accordingly.
3(5. A n d be it enacted Tha t in t he election of Aud i to r s t he citizens ent i t led to vote in each ward shall proceed as hereinbefore directed for t he election of Councillors b u t the person or persons elected shall be he or they for w h o m there shall appear to be a major i ty of votes in t h e whole of the wards collectively and t h a t t he Mayor shall declare t he resul t of every such election wi th in two days after t h e
| ho ld ing | thereof. |
37. A n d be i t enacted Tha t on t h e n i n t h day of November n e x t
following after t h e first election of Councillors u n d e r t he provisions of t h i s A c t t h e Council lors so elected shall assemble a t noon in t h e M a r k e t Bui ld ing in George-street in Sydney marked A the doors of t h e same being closed against all o ther persons and t h a t t h e n and the re they shall elect ou t of the i r own body or from persons qualified to be Counci l lors six fit and proper persons to be A lde rmen of t he said City and of t he six persons so elected three shall cont inue in office for six years and the o ther th ree for t h r ee years only.
38. A n d be it enacted T h a t before proceeding to such election t he Council lors present shall by t he majori ty of the i r voices appoint one of the i r own body to preside at t h e said election and two others of thei r own body to be Scrut ineers at t h e same a n d the person so chosen to preside shall first deposit in a box or u r n to be provided for t he purpose a list or vo t ing paper signed by himself conta in ing t h e names of t h e persons not more t h a n six in n u m b e r for w h o m he m a y vote a n d shall t hen receive from each Council lor present a similar l ist signed by the Council lor p resen t ing it and deposit t h e same in t h e said box or u r n and a t t he expi ra t ion of one h o u r from t h e t ime w h e n t h e Pres id ing Officer deposited his paper or sooner if t he whole of t h e Council lors for the City shall sooner have delivered the i r papers t h e Pres id ing Officer and t h e Scrut ineers shall examine the said lists or vo t ing papers and declare t h e names of t h e six persons who shall have
| t he major i ty of votes to be duly elected to be Aldermen which persons | shall be t h e A l d e r m e n of t he Ci ty and in t h e event of the i r be ing any |
| doubt whe the r any one or more person or persons be elected by reason of an equal i ty of votes t he said Pres id ing Officer and Scru t ineers or any two of t h e m shal l decide which of t h e said persons shall be elected Provided however t h a t if in any such vo t ing paper any Council lor shall inc lude his own n a m e t h e same shall be s t ruck out by t h e Scrut ineers and if any Counci l lor shall include in his l ist more t h a n six names his list or vo t ing paper shall be set aside al together . | |
| 39. A n d be it enacted Tha t immediate ly after t h e election of Alde rmen as aforesaid t h e Council lors present shall declare by t h e majori ty of the i r voices or by bal lot in t he me thod aforesaid if t he same be called for by any five Council lors which of t he six A lde rmen so elected shall be t he th ree to remain longest in office as hereinbefore provided. |
40. A n d be it enacted Tha t of t h e six A lde rmen t h u s elected
each shall be A l d e r m a n of t he ward in which he resides provided no other of the six reside in t h e same ward b u t if two or more be resident in t he same ward t h e A lde rman in whose favour the re is a major i ty of votes shall be t h e A l d e r m a n of t he ward wherein he resides and in t h e
3 p — V O L . 2. event event of a n equal i ty of votes in favour of two or more Alde rmen resi dent in t h e same ward t h e n the major i ty of t he Council lors p resen t a t
t h e election shal l decide wh ich of t h e persons so resident in t he wa rd
shall be A l d e r m a n of t h e same and shall in e i ther case appoint t he
o ther A l d e r m a n or A lde rmen to ano ther or o ther wards .
4 1 . A n d be i t enacted T h a t on t h e same day and a t t h e same
place t h e A l d e r m e n and Council lors shal l subsequent ly proceed to t h e
election out of the i r own body of a Mayor and t h a t t he election shal l be conducted in t h e same m a n n e r as hereinbefore prescribed for t he
election of A l d e r m e n t h e same person still pres iding Provided only
t h a t each person ent i t led to vote shal l inser t on his vot ing paper t he
n a m e of one person only a n d t h a t t h a t n a m e shal l n o t be his own.
42. A n d be i t enacted Tha t on t h e n i n t h day of November in
every succeeding t h i r d year one-half of t he whole n u m b e r of A lde rmen of t h e City shal l go out of office t h e A lde rmen who go out be ing a lways those (except as hereinbefore provided) who have been Alder m e n for t h e longest t ime Avithout re-election and the course of pro ceeding a t every such subsequent election of Alde rmen shal l be t h e same as t h a t which is hereinbefore described for t h e first election except in so far as i t may be varied or a l te red by any bye-law of the Counci l and except also t h a t at every subsequent election of Alde rmen t h e Mayor if present shall preside Provided however t h a t any Alde r m a n going out of office if sti l l du ly qualified m a y be re-elected.
43 . A n d be it enacted Tha t in order to supply t h e places of t h e A lde rmen who go ou t by ro ta t ion t h e whole Counci l shall on t h e said n i n t h day of November in each th i rd year elect ou t of the i r own body or from persons qualified to be Council lors a n u m b e r of persons to be
A lde rmen equal to t he n u m b e r of those who go ou t by ro ta t ion Pro
vided however t h a t no A l d e r m a n going out of office shall be ent i t led to vote in t he election of a new Alderman .
44. A n d be i t enacted Tha t no Council lor elected to be an A l d e r m a n shall cease to be a Council lor du r ing the t e r m of his service as an A l d e r m a n nor un t i l a t t h e earliest t h e first day of November nex t following t h e day on which he shal l have ceased to be an Alde rman .
45 . A n d be i t enacted Tha t whenever any ex t r ao rd ina ry
vacancy shal l t a k e place in t he office of A l d e r m a n t h e Counci l shall wi th in t en days n e x t after such vacancy shal l occur on a day to be fixed by t h e Mayor for such purpose elect some other fit and proper
person to fill such vacancy ei ther from the Council lors or from t h e
persons qualified to be Council lors and every person so elected anA l d e r m a n to fill an ex t raord inary vacancy shall hold such office un t i l t h e t ime when t h e person in t h e room of w h o m he was chosen would have regula r ly gone out of office and h e shall t h e n go out of office b u t m a y be re-elected if t h e n qualified as here in provided.
46. A n d be i t enacted Tha t t h e Mayor elected in t h e m a n n e r
hereinbefore provided shall con t inue in office for one whole year and t h a t on t h e n i n t h day of November in every succeeding year t h e Council shal l elect ou t of t he A lde rmen or Councillors a fit and proper person to be t h e Mayor of t he said City who shall con t inue in office for one whole year or un t i l a successor shall be duly elected a n d shall en te r on office as hereinafter provided and in case a vacancy shall be occasioned in t h e office of Mayor du r ing any year by reason of any person who shall have been elected to such office not accept ing t h e same or by reason of his dy ing or ceasing to hold t he said office t he Counci l of t h e City shall w i th in t e n days n e x t after such vacancy elect ou t of t h e Alde rmen or Council lors of t h e said City ano the r fit and proper person to be Mayor thereof for t h e remainder of t h e t h e n cur r en t year Provided however t h a t no th ing herein contained shall pre
ven t
vent t h e person filling t he office of Mayor from be ing re-elected wi th
his own consent .
47. A n d be i t enacted Tha t a t all elections ei ther of a Mayor or of A l d e r m e n to be held subsequent to t h e first elections u n d e r th is Ac t t h e course of proceeding shal l be t h e same as is here in directed to be followed a t t h e first elections except in so far as such course of pro ceeding m a y be modified or al tered by any bye-law of t h e Council passed as hereinafter directed.
48 . A n d be i t enacted Tha t t he Mayor shal l du r ing t h e con
t i n u a n c e of his office cont inue to be a member of t h e Council any t h i n g here in contained as to Council lors or A lde rmen going ou t of
| office to t h e cont ra ry | no twi th s t and ing | a n d | t h a t | if he | be a n | elected |
Council lor he shall no t as such go out by ro ta t ion earlier t h a n t h e first day of November n e x t following after t h e day in which he m a y cease to be Mayor Provided always t h a t if he be a n A l d e r m a n he may con t inue du r ing his Mayora l ty to preside a t elections wi th in his own ward.
49. A n d be i t enacted T h a t no person being in holy orders or being a regular minis ter of any rel igious congregat ion shal l be qualified to be elected or to be a Councillor A lde rman Aud i to r or Assessor unde r th i s Ac t nor shal l any person be qualified to be elected or t o be a Council lor or a n A lde rman of t he said City who shall no t be ent i t led to be on the Citizen Lis t no r unless h e shall be seized or possessed of real or personal es ta te or b o t h to t he a m o u n t of one thousand pounds ci ther in his own r igh t or in t h a t of h is wife or be ra ted upon the a n n u a l value of no t less t h a n fifty pounds nor du r ing such t ime as he shall hold office or place of profit o ther t h a n t h a t of Mayor in t he gift or disposal of t h e Council of the said City nor d u r i n g such t ime as he shal l have direct ly or indirect ly by himself or his p a r t n e r any share or in te res t in any cont rac t or employment wi th by or on behalf of such Counci l P rov ided t h a t no person shal l be disqualified from be ing a Council lor A l d e r m a n Audi to r or Assessor as aforesaid by reason of his be ing a propr ie tor or shareholder of any company which shal l cont rac t wi th t h e Counci l of t he said City for l igh t ing or for supply ing wi th wa te r or i n s u r i n g against fire any p a r t of t h e said City Provided also t h a t no person who m a y under t he provisions of th is A c t have been elected Assessor for any ward shall whi ls t he con t inue to be such be elected a Council lor for t he same or any other ward or Audi to r of t h e City ne i ther shall any J u d g e or Cha i rman or any officer or Clerk of any Cour t of Jus t i ce nor any Minis ter ia l L a w Officer of t h e Crown
| be capable of being elected an A lde rman or Council lor unde r th i s Act . 50. A n d be i t enacted Tha t every cit izen shall be ent i t led to vote in t h e election of t he Councillors Audi to r s and Assessors to be chosen wi th in t h a t ward in which the proper ty for which he shall be enrolled on t h e Citizen Ro l l for t h e t ime being shall appear to be s i tua te and if any cit izen shall be ra ted to t h e full a m o u n t required by th is A c t in respect of dist inct premises in two or more wards he shal l be ent i t led to vote in such one of t h e said wards as he shall select b u t no t more t h a n one and if any citizen n o t r a t ed in any one |
| w a r d to | t h e | full | a m o u n t | requi red by th i s Ac t | shall | nevertheless | be |
| r a t ed in tAvo or more wards | in | such | m a n n e r | t h a t his whole | r a t i ng |
| shal l collectively a m o u n t to t he s u m requi red | such citizen shal l be |
| ent i t led to be enrolled for and to vote in t h e w a r d in Avhich he m a y | be |
| ra ted to t h e h ighes t a m o u n t or in case of h is be ing | r a t ed to | an equal |
| a m o u n t in any two or more wards h e shall be | en t i t l ed to vote in | t he |
| ward which he m a y select. |
5 1 . A n d be i t enacted Tha t if a t any election any person shall
be elected a Council lor or Assessor in more t h a n one of t h e wards of t h e said City he shall wi th in th ree days after not ice thereof choose or
in
in his default t he Mayor shall declare for which one of t h e said wards such Councillor or Assessor shal l serve and such person shall t he reupon be he ld to be elected in t h a t wa rd only which he shall so choose or which t h e Mayor shall so declare.
52. A n d be it enac ted T h a t if any ex t raord inary vacancy shal l
be occasioned in t h e office of Council lor or Assessor of any ward t h e cit izens ent i t led to vote shall u p o n a day to be fixed by the A l d e r m a n of such ward such day no t t o be la ter t h a n fourteen days from the occurrence of such vacancy elect from the persons qualified to be Council lors ano ther cit izen to supply such vacancy and such election shal l be held and t h e vo t ing and other proceedings in case of a contest shal l be conducted in t h e same m a n n e r a n d subject t o t h e same provisions as are hereinbefore enacted wi th respect to t he election of Council lors as aforesaid and every person so elected shall hold such office un t i l t he t i m e at which t h e person in room of w h o m he was chosen would regu la r ly have gone out of office and he shal l t h e n go out of office b u t shall be capable of immedia te re-election if t h e n qualified as herein provided Provided a lways t h a t after t h e full n u m b e r of t he Council lors to be regu la r ly elected in any year shal l have declared their acceptance of office no new election of Council lors shall be m a d e by reason of such ex t raord inary vacancy unless t he n u m b e r of t he whole Counci l (Mayor and Alde rmen included) r ema in ing after such vacancy shall be less t h a n twen ty in which case t he n u m b e r of Council lors for each ward shall be completed.
53 . A n d be i t enac ted Tha t no person elected a Mayor or A l d e r m a n or Council lor or Aud i to r or Assessor u n d e r t h e provisions of th i s Act shal l be capable of ac t ing as such except in adminis te r ing t he declarat ion hereinafter contained un t i l he shall have t aken t h e oath of al legiance to H e r Majesty H e r He i r s and Successors and have m a d e a n d subscribed t h e said declarat ion before any two or more such Alde rmen or Council lors (who are hereby respectively authorized and requi red to adminis ter t he same oa th a n d declarat ion to each other)
such declarat ion be ing in t he words or to t h e effect following ( tha t is to s a y ) — " I A . B . hav ing been elected Mayor (or A lde rman or Council lor " or Aud i to r or Assessor) for t h e City of Sydney do hereby " declare t h a t I t ake t h e said office upon myself and will " duly a n d faithfully fulfil t he duties thereof according to " t h e best of m y j u d g m e n t and abil i ty (and in case of the
"party being qualified by estate say) and I do hereby
" declare t h a t I a m seized or possessed of real or personal " es ta te (or both as the case may be) in m y own r igh t or in " t h a t of m y wife to t h e a m o u n t of one thousand pounds " (as the case may require) over and above w h a t will satisfy " m y debts and t h a t I have not f raudulent ly or collusively " obta ined the same in order to qualify me for t h e office to " which I have been elected."
A n d t h a t every person who shal l have m a d e and subscribed t h e foregoing declarat ion in respect of estate shall once in every period of t h r ee years if requi red in wr i t i ng so to do by any two members of t h e Council m a k e a n d subscribe a declarat ion t h a t h e is qualified to
t h e same a m o u n t in real or personal estate or bo th as t h e case m a y
t h e n be as t he amoun t ment ioned in t he declarat ion originally m a d e and subscribed by h im. 54. A n d be i t enacted Tha t every person duly qualified who shal l be duly elected to the office of Mayor A lde rman Councillor A u d i t o r or Assessor unde r t he provisions of th i s Ac t shall accept such office to which he shal l have been elected or shall in lieu thereof pay to t he corporate body of t he said City a fine of not less t h a n twenty-five no r
more
more t h a n fifty pounds in t h e case of A l d e r m a n or Council lor or Aud i to r or Assessor and a line of not less t h a n fifty nor more t h a n one h u n d r e d pounds in t he case of Mayor as t he Council of t he said City by a resolut ion to he m a d e in every such case shall de te rmine a n d such fine if no t duly paid shall lie levied unde r t h e w a r r a n t of any J u s t i c e h a v i n g jur isd ic t ion wi th in t h e said City (who is hereby requi red on t h e appl icat ion of the Counci l t o issue t h e same) by distress a n d sale of t h e goods and chat te l s of t h e person so refusing to accept office toge ther w i th t h e reasonable costs and expenses of such distress and sale and every such person so elected shall accept such office by t a k i n g t h e oath of al legiance and m a k i n g and subscr ib ing t h e declarat ion hereinbefore ment ioned wi th in five days after not ice of his election to be served a t his usua l place of abode otherwise such person shall be l iable to pay the said l ine as for his non-acceptance of such office and such office shall the reupon be deemed to be vacan t a n d shal l be filled u p by a fresh election to be m a d e in the m a n n e r hereinbefore ment ioned Provided a lways t h a t no person disabled by lunacy or imbecil i ty of mind or by deafness bl indness or other p e r m a n e n t infirmity of body shall be liable to such fine as aforesaid Provided also t h a t every person so elected to a n y such office who shall be above t h e age of sixty-five years or who shall have a l ready served such office (or paid the fine for no t accept ing such office) wi th in t h e five years n e x t before t he day on which he shal l be so re-elected shall be exempted from accept ing the same office if he shal l c la im such exempt ion wi th in five days after notice of his election Provided fur ther t h a t no th ing in th is Ac t conta ined shall ex tend to compel t he acceptance of any office or d u t y wha tever by any person hold ing any civil employment unde r t he Government of this Colony or be ing a mi l i t a ry nava l mar ine commissar ia t or ordnance
officer on full pay e i ther in H e r Majesty 's Service or in t h a t of the Honorab l e Eas t Ind i a Company . 55 . A n d be i t enacted Tha t every person elected in to any corpora te office may a t any t i m e res ign such office on paymen t of t he fine which he would have been liable to pay for non-acceptance of t h e same office or if he shall become ent i t led to claim exempt ion from paymen t of any such fine or from accept ing or serving such office unde r any provision here in conta ined.
56. A n d be it enacted T h a t if the Mayor or any A lde rman or
Assessor of t h e said City who shal l be in office a t t he t ime he re inappointed in each year for t h e revision by t h e m of t h e Citizen Lis t
u n d e r th i s Ac t or for any election of Council lors Assessors or Audi to r s which he is requi red to conduct or declare shall neglect or refuse to revise such Citizen Lis t or to conduct or declare such election as aforesaid every such Mayor A l d e r m a n or Assessor shall for every such offence forfeit and pay the sum of one h u n d r e d pounds and if any Col lector appointed under the provisions of th i s Ac t shal l neglect or refuse to m a k e out sign and deliver such list as aforesaid or if t he Town Clerk shall neglect or refuse to receive p r in t and publ ish such lists as afore said or if any such Collector or Town Clerk shall refuse to allow any such l ist t o be perused by any person hav ing r igh t t he reun to every such Collector and Town Clerk respectively for every such offence shal l forfeit a n d pay the sum of fifty pounds and the said penal t ies hereby in such case imposed shall be recovered wi th full costs of suit by a n y person who shall sue for the same wi th in th ree calendar m o n t h s after t h e commission of such offence by act ion of debt or on t he case in t h e Supreme Cour t of N e w South Wales and the money so recovered shall after paymen t of t h e costs and expenses a t t end ing the recovery thereof be paid and appor t ioned as follows ( tha t is to say) one moiety thereof to t h e person so su ing and the other moie ty thereof to t he Treasurer
to
to be appointed by virtue of this Act to be by him applied in aid of
the City Fund hereinafter mentioned.57. Provided also and be it enacted That if any person holding the office of Mayor Alderman Councillor Auditor or Assessor under the provisions of this Act shall be declared bankrupt or shall apply to take the benefit of any Act for the relief of insolvent debtors or shall compound by deed with his creditors or being Mayor shall be absent for more than two calendar months or being an Alderman Councillor Auditor or Assessor shall be absent from the said City for more than six calendar months at one and the same time (unless in case
of illness) then and in every such case such person shall immediately
become disqualified and shall cease to hold such office respectively
and in the case of such absence shall be liable to the same fine to be recovered in the same manner as if he had refused to accept the saidoffice and the Council thereupon shall forthwith declare the said office
to be vacant and shall specify the same by a notice in writing under the hands of three or more of them countersigned by the Town Clerk such notice to be affixed on some public place within the City and the said office shall thereupon become vacant but every person so becoming disqualified and ceasing to hold such office on account of his being declared a bankrupt or of his applying to take the benefit of any Actfor the relief of insolvent debtors or having compounded with his
creditors as aforesaid shall on obtaining his certificate or on payment
of his debts in full be capable (if otherwise qualified) of being re
elected to such office and every person becoming disqualified to hold
such office on account of absence as aforesaid shall on his return to the said City be capable of being re-elected to such office provided he shall then be otherwise qualified.
58. And be it enacted That if any person shall act as Mayor or Alderman or Councillor or Auditor or Assessor under the provisions
of this Act without having made the declaration hereinbefore requiredin that behalf or without being duly qualified at the time of making such declaration or after he shall cease to be qualified according to the provisions of this Act or after he shall have become disqualified to hold any such office he shall for every such offence forfeit the sum of
fifty pounds such sum to be recovered together with full costs of suit
by any person who shall sue for the same within three calendar months after the commission of such offence by action of debt or on the case in the Supreme Court of New South Wales and every person so sued by reason of not being so qualified in respect of estate or property
shall prove that he was at the time of so acting qualified as aforesaid
or otherwise shall pay the said penalty without any further evidencebeing given than that he acted as the Mayor or as Alderman Councillor Auditor or Assessor under this Act as the case may be Provided always that it shall be lawful for any defendant by Judge's order to be obtained within fourteen days after he shall have been served with process in any such action to require the plaintiff to give security for costs and in such case all further proceedings in the said cause shall be staid until the plaintiff shall give security to the satisfaction of the proper officer
of the Court for the cost of such action in case a verdict shall pass for
the defendant or the plaintiff shall become nonsuited or discontinue such action or if upon demurrer or otherwise judgment shall be given against the plaintiff and the defendant shall in either of such cases recover his full costs as between attorney and client Provided also that no such action shall be brought except by a citizen of the said City nor unless the citizen bringing the same shall within fourteen days after the commission of the offence have served a notice in writing personally upon the party committing such offence of his intention to bring such action and in case the plaintiff in any such action shall obtain
a
a verdict t h e money so to be recovered shal l after paymen t of the costs a n d expenses a t t e n d i n g t h e recovery thereof be paid and appor t ioned as follows ( tha t is to say) one moie ty thereof to t h e person so su ing a n d t h e o ther moie ty thereof to t he 'Treasurer to be appointed by v i r tue of th i s Ac t t o be by h i m applied in aid of t he City F u n d Provided fur ther t h a t all acts and proceedings of any person in possession of t h e office of Mayor A l d e r m a n Council lor Aud i to r or Assessor and ac t ing as such shall no twi th s t and ing such disqualification or w a n t of qualifica t ion be as valid and effectual as if such person h a d been duly qualified.
59. A n d be i t enacted Tha t if any person who shall have or claim
to have any r igh t to vote in any election of Mayor or A l d e r m a n or Council lor or Audi to r or Assessor unde r th i s Ac t shall after t h e pass ing of th i s Ac t ask or t ake any money or o ther reward by way of gift loan or o ther device or agree or contract for any money gift office employment or o ther reward whatsoever to give or t o forbear to give his vote in any such election or if any person by himself or by any person employed by h i m shall by any gift or r eward or b y any promise agreement or securi ty for any gift or reward co r rup t or pro cure or offer t o cor rup t or p rocure any person to give or to forbear to give his vote in any such election such person so offending in any of t he cases aforesaid shal l for every such offence forfeit t h e sum of fifty pounds of lawful money of Great Br i t a in to be recovered wi th full costs of suit by any one who shal l sue for t h e same by act ion of debt b i l l p la in t or information in t h e Sup reme Cour t of t h e said Colony and any person offending in any of t he cases aforesaid be ing lawfully con vic ted thereof shall for ever thereaf ter be disabled to vote in any election to be held under t he provisions of th is Ac t or in any munic ipa l election whatsoever in any pa r t of t he said Colony of New South W a l e s and its Dependencies a n d also shal l for ever be as incapable of hold ing exercis ing or enjoying any office or franchise which he t h e n shal l be or a t any t ime thereaf ter m a y become ent i t led to as a citizen
as if such person were n a t u r a l l y dead. 60. A n d be i t enacted Tha t if any person offending in any of t h e cases last aforesaid shall wi th in t h e space of twelve calendar m o n t h s n e x t after such election as aforesaid discover any o ther person offend ing in any of t h e cases aforesaid so t h a t such other person be the reon convicted such person so discovering and no t hav ing been before t h a t t ime convicted of any such offence shall be indemnified and discharged from all penalt ies and disabilit ies which he t h e n shal l have incur red by any such offence.
6 1 . Provided always and be i t enacted Tha t no person shall be
made l iable to any incapaci ty disabili ty forfeiture or penal ty by th is Ac t imposed in any of t h e cases aforesaid unless prosecut ion be com menced wi th in two years after such incapaci ty disabili ty forfeiture or
pena l ty shall be incur red any t h i n g here in contained to t he con t ra ry no twi ths t and ing .
62. A n d be i t enac ted Tha t t h e M a y o r for t he t ime being duly
elected unde r t he provisions of th i s A c t shall be ex officio a Jus t i ce of t he Peace of and for t h e said City and after hav ing been duly sworn as a Jus t i ce it shall and may be lawful for h i m to act as such wi th in the l imits of t h e same dur ing his cont inuance in office and dur ing t h e year immedia te ly succeeding t h a t in which he shal l have held office unless disqualified as aforesaid a n d t h a t such Mayor shall du r ing the period of his Mayora l ty have precedence in all munic ipa l proceedings and in all magis ter ia l Cour ts wi th in t he said City and nex t after t h e Member s of t h e Legislat ive Council on all o ther occasions and a t all o ther places wi th in t he said City.
63 . A n d be i t enacted Tha t from and after t h e t e r m of two
m o n t h s after the first election of a Mayor which shall t ake place unde r
t h e
t h e provisions of th i s Ac t no Jus t i ce of t h e Peace for t he Ter r i to ry of
N e w South Wales shal l have jur isdic t ion wi th in t he l imits of t h e said City unless specially empowered in m a n n e r hereinafter provided. 64. A n d he i t enacted Tha t i t shal l he lawful for the Governor of N e w South W a l e s for t h e t ime be ing or person adminis te r ing t h e Gove rnmen t from t ime to t ime to assign to so m a n y persons as he
shall t h i n k proper t h e Commission of t h e Peace to act as Jus t i ces of
t h e Peace in a n d for t h e said City as well as for t he adjoining Coun ty or for any more or less extensive jur i sd ic t ion which t he said Governor m a y deem it p roper to confer Provided a lways t h a t t h e person so appointed shall be res ident wi th in t h e City or wi th in seven miles thereof and t h a t n o unpa id Mag i s t r a t e be so appointed who is no t qualified to be a cit izen of t he said City and to vote as such in elections
unde r t h e provisions of th i s Act .
65 . A n d be it enacted Tha t t h e Counci l of t he said Citv shall •
appoin t a fit and proper person no t be ing a m e m b e r of such Council to be t h e Town Clerk of t h e same who shal l hold his office du r ing p leasure a n d such Town Clerk m a y be an A t t o r n e y of t h e Supreme Cour t of
N e w South W a l e s or of any of H e r Majes ty ' s superior Cour ts in Great Br i t a in or I r e l and and the said Counci l shall in every year appoin t ano ther fit and p roper person not be ing a member of such Counci l t o be t he Treasurer of t h e said City or Corporat ion a n d shall also appoin t a Surveyor of t h e said City and such other officers as they shal l t h i n k necessary for enabl ing t h e m to carry in to execut ion t he var ious powers a n d dut ies vested in t h e m by v i r tue of th i s A c t and may from t ime to t ime d iscont inue t h e appo in tmen t of such officers as shall appear t o t h e m no t necessary to be re-appointed and shall t ake such securi ty for t h e due execut ion of his office bv anv such Town Clerk Treasurer or o the r officer as t he said Counci l shall t h i n k p roper a n d in case of a vacancy in any such office as aforesaid by dea th res ignat ion removal or o therwise t he said Counci l m a y appoint ano the r fit and proper person in t he place of t h e person so m a k i n g such vacancy Provided t h a t t h e Town Clerk and Treasurer shall no t be one a n d t h e same person Provided also t h a t no macebearers or o ther officers merely for pa rade or show shall be appointed.
66. A n d be it enacted Tha t i t shall and may be lawful for t h e
said Counci l to order t h e payment to t h e Mayor Town Clerk and Treasure r and to every such o ther officer to be employed as aforesaid of such alloAvance or salary as to t he said Counci l shall seem reason able and proper Provided t h a t t h e salary of t h e Mayor if any be fixed
wi th in t e n days after h is acceptance of office a n d t h a t such salary be
in l ieu of all fees perquis i tes and other emolumen t s .
67. A n d be i t enac ted Tha t after t h e appo in tmen t of t h e
Treasure r as aforesaid t h e ren ts and profits of all l ands houses m a r k e t dues tol ls a n d other he red i t ament s which shall belong to and be vested in t h e Corporat ion of t h e said City and the interes t dividends a n d a n n u a l proceeds of all monies dues chat te ls and valuable securi t ies be longing or payable t o t he Corporat ion or levied unde r th i s A c t shal l be paid to t he said Treasure r and all t h e monies which h e shal l so receive shall be carried by h i m to an account t o be called t h e " City F u n d " and such fund shal l be applied towards t h e p a y m e n t of t h e alloAvance if any be m a d e to t h e Mayor a n d of t h e respect ive salaries of t h e Town Clerk Treasurer Surveyor and Collectors a n d of any other officer w h o m t h e Council shall appoint and also toAvards t h e paymen t of t he expenses incur red from t ime to t i m e in p repa r ing and p r i n t i n g Citizen Lis ts and notices and in other ma t t e r s a t t end ing such elections as a re here in ment ioned and toAvards t h e expense of purchas ing or e rec t ing and m a i n t a i n i n g t he corporate and other bui ldings which m a y
belong to t h e said Corporat ion and towards t he paymen t of al l o ther
expenses
expenses not herein otherwise provided for which shall he necessarily incurred in carrying into effect the provisions of this Act and the said Council is hereby authorized and required from time to time to estimate as correctly as may be what amount in addition to such fund will be sufficient for the payment of the expenses to be incurred in carrying into effect tbe provisions of this Act and in order to raise the amount so estimated the said Council is hereby authorized and required from time to time to order a City rate to be made within the said City and for that purpose the said Council shall have full power and authority to order and direct an assessment to be made of every building within the limits of the said City according to its full fair and average annual value clear of all out-goings and on the assess ment so made the said Council is hereby authorized and required from time to time to cause such rate or rates to be levied not exceeding one shilling in the pound in any one year as to the said Council may seem proper the same to be declared by the said Council and the said Council shall be and are hereby empowered in case of non-payment thereof to order warrants to be from time to time issued to some eon- stable or other person to be named therein to levy the same by distress and sale of the goods and chattels of the persons occupying the property so assessed and rated and in the event of no goods and chattels of the tenant being found on the premises to satisfy such distress the landlord or his agent if the landlord be absent from the Colony shall be liable for the amount such amount to be recovered by distress and sale of the goods and chattels of such landlord if any be found on the tenant's premises or by ordinary action of debt Provided that no assessment or rate shall be raised on any building which may not be of sufficient annual value either of itself or in conjunction with any other building or buildings occupied by the same person to confer on the occupier of it if otherwise qualified the right of voting in the election of Coun cillors under this Act Provided also that no sale of such goods and chattels shall take place until after the expiration of three days after the seizure thereof and all such warrants shall be signed by the Mayor and sealed with the seal of the Corporation and all such sums levied in pursuance of such City Kate shall be paid over to the account of the City Fund and shall be subject to all the provisions hereinbefore con tained and shall be applied to all necessary purposes under and by virtue of this Act Provided further that if any person shall think himself aggrieved by any such rate it shall be lawful for him to appeal to the Justices at the next Court of Quarter Sessions held within the
| the same and to award relief in the premises as the justice of the case | said City and such Justices shall have power to hear and determine |
| may require and the decision of such Justices shall be final and con clusive as regards the matter of such appeal. | |
| 08. And be it enacted That the said Treasurer shall pay no money on account of the Mayor Aldermen and Citizens save only in all or any of the cases provided for by this Act or upon the order in writing of the Council signed by three or more members thereof and countersigned by the Town Clerk. | |
| 69. And be it enacted That the Mayor and one or more of the Justices of the Peace having jurisdiction within the said City are hereby authorized and required in the month of October in every year to nominate and appoint by precept in writing under their hands so many as they shall think fit of the inhabitants of the same (not legally exempt from serving the office of constable) to act as special constables within the same whensoever they shall bo required by the warrant of any of such Justices so to act and not otherwise and every such warrant shall recite that in the opinion of the Justice granting the same the ordinary Police Force of the City is insufficient at that time |
3 Q—VOL. 2. to to maintain the peace of the same and every person so appointed a
special constable shall take the following oath (that is to say)—" I A. B. do swear that I will well and truly serve our Sovereign " Lady the Queen in the office of special constable for the " City of Sydney Avithout favour or affection malice or ill " will and that I will to the best of my power cause the " peace to be kept and preserved and prevent all offences " against the persons and properties of Her Majesty's " subjects and that while I continue to hold the said office " I will to the best of my ability skill and knowledge dis- " charge all the duties thereof faithfully according to " law—So help me God "
And every person so appointed a special constable sball receive out of the City Fund for every day which he shall be called out to act as such the sum of three shillings and sixpence and no more.
70. And be it enacted That in order to raise the amount neces sary to provide for the payment of such a number of constables and such other police establishments within the said City as may from time to time in the opinion of the said Council be required the said Council is hereby authorized and required once at least in every year to estimate as correctly as may be what amount will be sufficient for payment of the salaries allowances and rewards to be paid to sucb constables and special constables and of all other expenses attending police purposes within the said City and in order to raise the amount so estimated the said Council is hereby authorized and required half- yearly to order a City Hate to be made and collected and for this purpose the said Council shall have all and the like powers as are hereinbefore vested in them for making and levying a City Rate for other purposes and the said rate shall be called the " Police Hate " and the amount when collected shall be paid to the Treasurer of the Corporation who shall keep a separate account thereof under the name of " Police Fund " and from time to time pay out of the said Police Pund for the support of the police or for police purposes such sums as he may be required or directed to pay by warrant under the hand of the Mayor countersigned by the Town Clerk Provided that such Police Hate shall in no one year exceed the sum of sixpence in the pound sterling on the full and fair annual value of all rateable property within the said City.71. And be it enacted That from and after the passing of this Act the regulations respecting markets and also respecting the
Market Wharf in the City of Sydney contained in an Act passed in
the second year of the reign of His late Majesty King William tin; Pourth intituled " An Act for regulating the Bates of Tolls or Dues to he levied at the Markets of Sydney and Parramatta" and in an Act passed in the fourth year of the reign of his said late Majesty intituled " An Act for regulating the Police in the Town and Port of Sydney " and for removing and, preventing Nuisances and Obstructions therein " shall remain in force only until the same may be varied or altered by any bye-law or laws passed as hereinafter provided by the Council of the said City.72. And be it enacted That the Council of the said City shall have the same powers authorities duties and immunities in respect to markets as are given to the Commissioners to be elected and appointed under and by virtue of an Act of the Governor and Legislative Council passed in the third year of the reign of Her present Majesty intituled " An Act to authorize the establishment of Markets in certain Towns " in the Colony of New South Wales and for the appointment of Com- " missioners to manage the same."
73. And be it enacted That it shall be lawful for the said Coun cil in their corporate capacity to accept and have vested in them the use of and interest in any property real or personal conveyed made over devised or bequeathed to them in their said corporate capacity in trust for any charitable purposes for which any such property real or personal may be so conveyed made over devised or bequeathed and it shall also be lawful for the said Council to act as trustees in the administration of any such property to such charitable purposes.
7 4 And be it enacted That it shall be lawful for the said Council and they are hereby required once in every year to assess by a just and equitable assessment and to rate under the name of " Lighting Kate" the several occupiers of tenements and other property within the limits of the said City liable to be rated under this Act in any sum not exceeding fourpenco in the pound by the year computed upon the annual value of such property Provided however that no tenement or other property shall be so assessed or rated which may be situated in any portion of the City that is not lighted at the expense of the Corporation.
75. Provided however and be it enacted That nothing in this Act contained shall empower the said Council to levy any rate what ever on any lands or buildings the property of Her Majesty and used for a public purpose within the said City nor on any building hired by the Government for any public purpose nor on any hospital benevolent asylum or building used exclusively for charitable purposes nor on any church or chapel or other building used exclusively for public worship nor on any building used as a school provided it be inhabited only by the master or mistress of the school or his or her family and the school be one receiving aid from the Government or otherwise of a public character.
| 76. And be it enacted That it shall be lawful for the said Mayor Aldermen and Councillors and they are hereby empowered from time to time to purchase and provide such and so many lamps of such sorts and sizes and such and so many lamp irons and lamp posts and other posts and rails as they shall judge necessary and to direct the same to be put or fixed upon or against the walls rails or palisadoes of any houses or buildings or upon or against any other walls or places or to be put up and erected in such other manner within all or any of the streets highways market-places and other public ways or places within the limits of the said City as they shall think proper and to cause the same to be taken down altered or renewed when and as often | as they shall think fit and to cause the said lamps to be lighted with | gas or oil or otherwise for such number of hours in every twenty-four |
| hours and during such times and seasons of the year as the said Mayor Aldermen and Councillors shall deem necessary and proper for lighting all or any of the streets market-places or other public ways or places within such City. | ||
| 77. And be it enacted That if any person shall wilfully take away or wilfully break throw down or otherwise destroy or damage any lamp which shall be erected by or by order of the said Council or by any person or persons at his or their own expense for the purpose of lighting any of the streets market-places or other public ways or places within such City or any post iron cover or other furniture thereof or shall wilfully extinguish the light of any such lamp it shall be lawful for any Justice of the Peace having jurisdiction within the limits of the said City and he is hereby required upon complaint made to him of any such offence to issue a warrant for apprehending the party accused and it shall be lawful for any person who shall see such offence com mitted to apprehend and also for any person to assist in apprehending the offender and by authority of this Act without any other warrant |
to
to deliver liim into the custody of a constable in order to be secured and conveyed before some Justice having jurisdiction as aforesaid and such Justice shall proceed to examine upon oath any witness or wit nesses who shall appear or be produced to give evidence touching such offence and if the party accused shall be convicted of such offence either by his own confession or on evidence on oath as aforesaid then and in every such case he shall for such offence and if more than one for each several offence forfeit and pay any sum not less than one nor more than fiVe pounds and shall besides make full satisfaction (to be ascertained by such Justice) for the damage which shall have been done thereby and in case such offender shall not upon conviction forthwith pay such penalty and also make such satisfaction as afore said such Justice is hereby required and empowered to commit such offender to any gaol or house of correction there to be kept to hard labor (if such Justice shall so order) for any time not exceeding six calendar months unless such penalty shall be sooner paid and satis faction made.
| to more than ten pounds. | " Sydney and for removing and preventing Nuisances and Obstructions " therein" shall be increased so as to make the whole penalty amount |
| 93. And be it enacted That all the provisions hereinafter con tained relative to offences against this Act punishable upon summary convictions shall be taken to apply to all offences committed in breach of any bye-law or regulation made by virtue of this Act. | |
| 94. And be it enacted That all acts whatsoever authorized or required by virtue of this Act save as respects the passing of bye-laws as hereinbefore mentioned to be done by the said Council of such City and all questions of adjournment or others that may come before such Council may be done and decided by the majority of the members of the Council who shall be present at any meeting held in pursuance of this Act the whole number present at such meeting not being less than one-third part of the number of the whole Council and at all such meetings the Mayor if present shall preside and the Mayor or in the absence of the Mayor such Alderman as the members of the Council then assembled shall choose to be Chairman of that meeting or if there be no Alderman present such Councillor as may be chosen to preside shall have a second or casting vote in all cases of equality of votes and minutes of the |
3 u—VOL. 2. proceedings proceedings of all such meetings shall be drawn up and fairly tran scribed into a book to be kept for that purpose and shall be signed by the Mayor Alderman or Councillor presiding at such meeting and the said minutes shall be open to the inspection of any citizen at all reasonable times on payment of a fee of one shilling Pro vided always that previous to any meeting of the Council held by virtue of this Act a notice of the time and place of such intended meeting shall be given three clear days at least before such meeting by fixing such notice on the outer door of the Town Hall or on some other public place within the said City and such notice shall be signed by the Mayor who shall have power to call a meeting of the Council as often as he shall think proper and in case the Mayor shall refuse to call any such meeting after a requisition for that purpose signed by at least eight members of the Council shall have been presented to him it shall be lawful for the said eight members to call a meeting of the Council by giving such notice as hereinbefore required in that behalf such notice to be signed by the said members instead of the Mayor the said members stating therein the business proposed to be transacted at such meeting and in every case a summons to attend the Council specifying the business proposed to be transacted at such meeting signed by the Town Clerk shall be left at the usual place of abode of every member of the Council or at the premises in respect of which he is enrolled a citizen or sent to him by post three clear days at least before such meeting and no business shall be transacted at such meeting other than is specified in such notice Provided always that there shall be four quarterly meetings in every year at which the Council shall meet for the transaction of general business and no notice shall be required to be given of the business to be transacted on such quarterly days and the said quarterly meetings shall be holdcn at noon on the ninth day of the months of November February May and August respectively or any such quarterly meeting may be h olden on any other day within three days next following any of the days so respectively appointed as the Council at any quarterly meeting next preceding the same shall determine and the first business transacted at the quarterly meeting in November shall be the election of Mayor.
95. And be it enacted That it shall be lawful for the said
Council to appoint out of their own body from time to time such andso many Committees either of a general or a special nature; and
consisting of such number of persons as they may think fit for any
purposes which in the discretion of such Council would be better
regulated and arranged by means of such Committees Provided always that the acts of every such Committee shall be submitted to the Council for their approval.96. And be it enacted That the Treasurer of the said Council shall in books to be kept for that purpose enter true accounts of all sums of money by him received and paid and of the several matters for which such sums shall have been received or paid and such books shall at all times be open to the inspection of the Mayor or any of the Aldermen or Councillors and all the accounts with all vouchers and papers relating thereto shall in the months of March and September in every year be submitted by the said Treasurer to the Auditors hereinbefore provided to be elected and to such member of the Council as the Mayor shall name on the first day of March in every year or in case of an extraordinary vacancy within ten days next after such vacancy for the purpose of being examined and audited from the first day of September in the year preceding to the first day of March and from the first day of March to the first day of September in the year in which the said Auditors were elected and named and if the said
accounts
accounts shall be found to be correct the Auditors and the member of the Council appointed by the Mayor as aforesaid shall sign the same and after such account shall have been so examined and audited in the month of September in every year the Treasurer shall make out in writing and shall cause to be printed a full abstract of his accounts for the year and the copy thereof shall be open to the inspection of all the rate-payers of such City and copies thereof shall be delivered to all rate-payers of such City applying for the same on payment of a reasonable sum to be fixed by the Council for each copy.
97. And be it enacted That the Town Clerk Treasurer Collector and every officer appointed by the Council as aforesaid shall at all such times and in any such manner as the said Council may direct whilst any such officer shall continue to hold office and also within two months after he shall have ceased to hold such office deliver to the said Council or to such person as they shall authorize for that purpose a true account in writing of the matters committed to the charge of such officers respectively by virtue of this Act and of all monies which shall have been received by him in virtue and for the purposes of this Act and how much thereof shall have been paid and disbursed and for what purpose together with proper vouchers for such payments and also a list of the names of all such persons as shall not have paid the monies due from them for the purposes of this Act specifying the amount due from each of them and every such officer shall pay to the Treasurer for the time being or to any person whom the said Council may authorize to receive the same the balance due by him (if any) of all the monies so received and disbursed and if any such officer shall refuse or wilfully neglect to deliver such account and the vouchers relating to the same and such list as aforesaid or shall refuse or wilfully neglect to make payment of such balance as aforesaid or to deliver to the said Council or to any person whom they may authorize in that behalf within three days after being thereunto required by notice in writing under the hands of any three or more of the said Council such notice to be given to or left at the last place of abode of such officer all books accounts papers and writings in his custody or power relating to the execution of this Act or shall refuse or wilfully neglect to give satisfaction to the said Council or to any person whom they may so authorize as aforesaid respecting the same then and in every such case upon complaint made on behalf of the said Council by such person as they shall authorize for that purpose of any such refusal or wilful neglect as aforesaid to any Justice of the Peace
| having jurisdiction within the said City or other jurisdiction wherein | such officer so refusing or neglecting shall be or reside such Justice is |
| hereby authorized and required to issue a warrant under his hand and seal for bringing such officer before any two Justices of the Peace having jurisdiction within the said City or other jurisdiction as aforesaid and upon the said officer appearing or not being found it shall be lawful for such Justices to hear and detcrmine^the matter in a summary way and if it shall appear to such Justices that any monies remain due from such officer such Justices may and they are hereby authorized and required upon non-payment thereof by warrant under their hands and seals to cause such monies to be levied by distress and sale of the goods of such officer and if sufficient goods shall not be found to satisfy the said monies and the charges of the distress and sale or if it shall appear to such Justices that such officer has refused or wilfully neglected to deliver such account and the vouchers relating thereto and such list as afore said or that any books accounts papers or writings relating to the execu tion of this Act remain in the hands or in the custody or power of such officer and that he lias refused or wilfully neglected to deliver the same or to give satisfaction respecting the same as aforesaid then and in every |
such
such case such Justices shall and they are hereby required to commit such offender to some common gaol or house of correction there to remain without bail until he shall have paid such monies as aforesaid or shall have compounded with the said Council for such monies and shall have paid such composition in such manner as they shall appoint (which com position the said Council are hereby empowered to make and receive) or until he shall have delivered a true account as aforesaid or until he shall have delivered up such books accounts papers and writings or shall have given satisfaction in respect thereof to the said Council or to such person appointed by them as aforesaid as the case may be Provided always that no person so committed shall be detained in prison for want of sufficient distress only for a longer space of time than three calendar months Provided also that nothing in this Act contained shall prevent or abridge any remedy by action against any such officer so offending as aforesaid but such officer shall not be sued by action and also proceeded against in a summary manner by virtue of this Act for the same cause.
98. And be it enacted That the Council elected under this Act shall have power from time to time to remove from office any and every Town Clerk Treasurer Collector and other ministerial and execu tive officer or officers of the body corporate as shall have been elected or appointed by the said Council under and by virtue of the provisions of this Act and every officer so removed who shall be in possession or receipt of any monies goods valuable securities books accounts and papers belonging to or concerning the body corporate shall deliver up and account for the same to the Council immediately upon such removal as aforesaid and the Council shall have the same remedy against such officer for the recovery and satisfactory account of the same as is herein before provided.
99. And be it enacted That it shall and may be lawful for the said Council to borrow on the credit of the said Corporation by mort gage or otherwise any sum or sums of money Provided that the sum or sums so borrowed do not exceed the average amount of the revenue of the said Corporation exclusive of the Police Hate for the period of five years And provided also that no sum or sums of money be so borrowed which would if added to the previous debt or debts of the Corporation make the aggregate of their debt or debts to exceed the amount of five years average revenue of the Corporation exclusive of the Police Pa te as aforesaid Provided further that no sum or sums of money be borrowed by mortgage or otherwise on any aid of money
given by Government towards defraying any portion of the expenses
of the said Corporation.
100. And be it enacted That the charters deeds muniments and records of the Corporation or relating to the property thereof shall be kept in such place as the Council from time to time shall direct and the Town Clerk for the time being shall have the charge and custody thereof and be responsible for the same.101. And be it enacted That all penalties fines and forfeitures inflicted or imposed under the provisions of this Act or by or under any rule order or bye-law made in pursuance thereof may in case of non-payment be recovered in a summary way by the order and adjudication of any one Justice of the Peace having jurisdiction within the City on complaint made to him on the oath or affirmation of any person or persons so complaining or on the confession of the parties offending (which oath affirmation or confession such Justice is hereby authorized and required to administer and receive) and in default of immediate payment of any such penalty fine or forfeiture the same shall be levied by distress and sale of the offender's goods and chattels by warrant under the hand and seal of such Justice and shall be paid
over
over to the Treasurer of the Council for the local improvement anil benefit of the City rendering the overplus (if any) on demand to the party or parties whose goods and chattels shall be so distrained and sold the reasonable charge of such distress and sale being first deducted and in case such penalties lines and forfeitures shall not be forthwith paid it shall be lawful for such Justice and he is hereby authorized and required to order such offender or offenders to be detained and kept in safe custody until return can conveniently be made to such warrant of distress unless such offender or offenders shall give sufficient security to the satisfaction of such Justice for his or her or their appearance before such Justice or before some other Justice of the Peace for such jurisdiction on such day or days as shall be appointed for the return of such warrant of distress (such day or days not being more than ten days from the taking of any such security which security the said Justice is hereby empowered to take by way of recognizance or otherwise) but if upon the return of such warrant it shall appear that no sufficient distress can be had whereupon to levy the said penalty or penalties and such costs as aforesaid and the same shall not be forthwith paid or in case it shall appear to the satisfaction of any such Justice upon confession of the offender or offenders or otherwise that he she or they hath or have not sufficient goods and chattels whereupon such penalties forfeitures costs and expenses can be levied if a warrant of distress were issued such Justice shall not be required to issue such warrant of distress and thereupon it shall be lawful for such Justice and lie is hereby authorized and required by warrant under his hand and seal to commit such offender or offenders to any common gaol or house of correction there to remain for any time not exceeding three calendar months unless such penalty or forfeiture shall be sooner paid and satisfied together with all the costs and charges attending such proceedings to be ascertained by such Justice or unless such offender or offenders shall otherwise be discharged in due course of law.
102. And be it enacted That where any distress shall be made for any money to be levied under this Act or under any bye-law of the said Council the distress itself shall not be deemed unlawful nor the party or parties making the same be deemed a trespasser or trespassers on account of any defect or Avant of form in the summons conviction warrant of distress or other proceeding relating thereto nor shall the party or parties distraining be deemed a trespasser ab initio on account of any irregularity which shall be afterwards committed by the party or parties distraining but the person or persons aggrieved by such
irregularity shall and may recover full satisfaction for the special damage in an action on the case. 103. And be it enacted That, it shall be lawful for any officer of the said Council or for any other person or persons to seize and detain any person or persons who shall commit any offence or offences against this Act or against any bye-law made in pursuance thereof and to convey him her or them before any one or more Justice or Justices of the Peace having jurisdiction within the said City without any other warrant or authority than this Act for so doing and such Justice or Justices is and are hereby respectively empowered and directed to proceed immediately to the conviction or acquittal of such offender or offenders.
101. And be it enacted That all proceedings in respect to offences committed against the provisions of this Act or any bye-law authorized as aforesaid which are hereby directed to be had before any one or more Justice or Justices of the Peace shall be heard and deter mined in a summary way according to the provisions of an Act passed by the Governor and Legislative Council of the said Colony in the fifth year of the reign of His late Majesty King William the Fourth
intituled
intituled " An Act to regulate summary proceedings before Justices of the Peace" except only where some other special course of proceeding may be directed by this Act Provided however that in case of non-payment of any penalty under this Act above the amount of five pounds and no sufficient distress can be found it shall and may be lawful for the convicting Justice or Justices by his or their warrant or warrants to commit any person convicted in any such penalty to any of Her Majesty's gaols for any term not less than one nor more than three calendar months to be computed from the day on which such offender shall have been actually arrested and not from the date of such warrant and for the purpose of ascertaining the date of such arrest the constable or other person who shall make the same is hereby required to indorse on the back of such warrant the date of such arrest under a penalty of five pounds which shall and may be recovered before any one or more Justice or Justices of the Peace Provided also that in case of any constable neglecting so to indorse the said warrant as aforesaid the same shall not vitiate any such arrest but in such case the time of imprisonment shall be computed from the date of such warrant.
105. And be it enacted That if any person shall be summoned as a witness to give evidence before any Justice or Justices of the Peace touching any of the matters aforesaid either on the part of the prosecution or of the person or persons accused and shall neglect or refuse to appear at the time and place to be for that purpose appointed without a reasonable excuse for such neglect or refusal to be allowed by such Justice or Justices or appearing shall refuse to be examined according to law and give evidence before the Justice or Justices before whom such (prosecution shall be depending then every such person shall forfeit for every such offence a sum not less than two pounds nor more than twenty pounds to be recovered in a summary way before any two Justices of the Peace.
106. And be it enacted That any person who shall think him self or herself aggrieved by any tine or penalty above the sum of fine pounds imposed under the authority of this Act may appeal against the same to the Court of Quarter Sessions according to the provision of the law which shall be in force for the time being for the general regulation of appeals of such or the like nature.
107. And be it enacted That all informations and convictions
under this Act shall be according to the provisions of the Act beforementioned passed in the fifth year of the reign of His said late Majesty King William the Fourth intituled "An Act to regulate summary proceedings before Justices of the Peace" and that no conviction under this Act nor any adjudication made on appeal therefrom shall be quashed for want of form or be removed by certiorari or otherwise into the Supreme Court and no warrant of commitment shall be belt void by reason of any defect therein.
108. And be it enacted That no action at law shall lie againsl any Justice of the Peace constable or other peace officer for or or account of any matter or thing whatsoever done or to be done com manded by him in the execution of his duty or office under this Ad against any party or parties offending or suspected to be offending against the provisions of this Act or any bye-law made in pursuant thereof unless there be direct proof of corruption or malice anc unless such action be commenced within three calendar months aftei the cause of action or complaint shall have accrued and if any persor shall be sued for any matter or thing which he has so done or shal have done in the execution of his duty under this Act he may plead th< general issue and give the special matter in evidence.
109. And whereas at the first elections to he held after the passing of this Act the provisions of this Act cannot he complied with unless certain officers be appointed to preside at such elections and to exercise all other necessary functions Be it enacted That it shall and may be lawful for the Governor of the said Colony for the time being by warrant under his hand to appoint some fit and proper person to preside at each of such elections and also to appoint in like manner such and so many persons as may be necessary to perform any of the acts hereinbefore required to be done by the Mayor Aldermen Council lors Town Clerk Collectors or other officers before such officers can be appointed or elected under the provisions of this Act and every such appointment shall be notified in the New South Wales Government Gazette.
110. Provided always and be it declared and enacted That nothing in this Act contained shall be deemed to affect or to interfere with any right title or interest of Her Majesty Her Heirs and Succes sors or in any way to limit the lloyal Prerogative.
111. And be it enacted That whenever in consequence of death absence or any lawful impediment it shall not be possible for any Alder man or for the Town Clerk or any other officer or person to perform any particular matter or thing which by this Act he is directed to per form it shall and may be lawful for the Mayor for the time being to appoint any other Alderman or person to perform the same and if by reason of death absence or any lawful impediment the Mayor shall be prevented from performing any matter or thing which he may by the provisions of this Act be required to perform the Council may either perform the same or by the majority of their voices appoint some other person to perforin it.
112. And be it enacted That whenever any matter or thing shall by this Act be directed to be performed on a certain day and that day happen to be Sunday Good Friday or Christmas Day the said matter or thing shall be performed on the next succeeding day.
113. And be it declared and enacted That nothing herein con tained shall be construed to repeal alter or amend in any greater degree than may be specially directed or authorized in this Act any of the provisions or enactments of the following Acts passed by the Governor and Council of New South Wales to wit—An Act passed in the fourth year of the reign of His late Majesty King William the Fourth intituled " An Act for regulating the Police in the Town and " Port of Sydney and for removing and preventing Nuisances and
" Obstructions therein" an Act passed in the fifth year of the reign of
His said late Majesty intituled "An Act for regulating the slaughtering of Cattle" an Act passed in the fifth year of the reign of His said late Majesty intituled " An Act for better regulating the alignment of Streets in the Town of Sydney" an Act passed in the eighth year of the reign of His said late Majesty intituled "An Act for regulating " Buildings and Party-walls and for preventing mischiefs by Fire in " the Town of Sydney" and an Act passed in the fourth year of the reign of Her present Majesty Queen Victoria intituled " An Act for " the further and better regulation and government of Seamen within " the Colony of New South Wales and its Dependencies and for
" establishing a Water Police." 111. Provided always and be it enacted That wherever in this Act the word " Governor " is used the same shall be held to mean the Governor or person administering the Government of the said Colony for the time being.
SCHEDULES
SCHEDULES R E F E R R E D TO. A.
T H E space c o n t a i n e d w i t h i n t h e p r e s e n t b o u n d a r i e s of t h e T o w n of S y d n e y as defined in a
G o v e r n m e n t N o t i c e d a t e d 6 t h S e p t e m b e r 1 8 3 3 a n d p u b l i s h e d in t h e Government Gazette of
t h e 1 1 t h of t h a t m o n t h — t o w i t " B o u n d e d on t h e n o r t h b y t h e w a t e r s of P o r t J a c k s o n
" f rom a l a n d m a r k a t t h e h e a d of B l a c k w a t t l e B a y t o R u s h c u t t e r ' s B a y on t h e e a s t by t h e
" s t r e a m e n t e r i n g B u s h c u t t e r ' s B a y t o a b r i d g e on t h e S o u t h H e a d Road a t t h e n o r t h - v e s t " c o r n e r of S y d n e y C o m m o n a n d b y t h e w e s t e r n b o u n d a r y of t h a t c o m m o n to a road e x t e n d -
" i n g w e s t w a r d t o t h e b a c k of C l e v e l a n d H o u s e on t h e s o u t h b y t h a t road a n d i t s w e s t e r n
" fence p r o l o n g e d t o a l a n d m a r k on t h e r o a d t o C o o k ' s R i v e r on t h e wes t b y t h e w e s t e r n
" s ide of t h e r o a d t o C o o k ' s R i v e r a n d t h a t l i n e p r o l o n g e d t o t h e l a n d m a r k a t t h e h e a d of
" B l a c k w a t t l e B a y . " B.
G I P P S ' W A R D .
T h e p o r t i o n of t h e C i t y of S y d n e y b o u n d e d b y a l i n e d r a w n f rom t h e l a n d i n g p lace
i m m e d i a t e l y t o t h e wes t of D a w e s ' B a t t e r y a l o n g t h e r o a d l e a d i n g from t h e sa id l a n d i n g
p l a c e t o L o w e r G e o r g e - s t r e e t t h e n c e a l o n g L o w e r G e o r g e - s t r e e t t o C h a r l o t t e - p l a c e t h e n c e
a l o n g C h a r l o t t e - p l a c e a n d C h u r c h H i l l p a s s i n g t o t h e s o u t h of S t . P h i l i p ' s C h u r c h t o a
r o a d w h i c h passes i m m e d i a t e l y t o t h e n o r t h w a r d of B e t t y ' s H o t e l a n d a l o n g t h i s l a s t
m e n t i o n e d r o a d to t h e s p o t w h e r e t h e s a m e w o u l d b e m e t b y t h e p r o l o n g a t i o n of C l a r e n c e -
s t r e e t t h e n c e s o u t h w a r d a l o n g C l a r e n c e - s t r e e t t o t h e spo t w h e r e t h e s a m e is m e t b y M a r g a r e t -
p l a c e a n d t h e n c e d o w n M a r g a r e t - p l a c e a n d t h e p r o l o n g a t i o n t h e r e o f t o t h e w a t e r in D a r l i n g
H a r b o u r t h e n c e a l o n g t h e w a t e r ' s e d g e to t h e l a n d i n g p l a c e first m e n t i o n e d . BOURKE'S WARD.
T h e p o r t i o n of t h e C i t y of S y d n e y b o u n d e d b y G i p p s W a r d f rom D a w e s ' B a t t e r y
t o t h e spo t w h e r e G e o r g e - s t r e e t m e e t s C h a r l o t t e - p l a c e t h e n c e s o u t h w a r d in t h e c o n t i n u a n c e
of G e o r g e - s t r e e t t o t h e s p o t w h e r e t h e s a m e is c rossed b y K i n g - s t r e e t t h e n c e e a s t w a r d a l o n g K i n g - s t r e e t a n d t h e p r o l o n g a t i o n of t h e s a m e t o t h e wa l l f o r m i n g t h e e n c l o s u r e of H y d e
P a r k B a r r a c k s t h e n c e s o u t h w a r d a n d s u b s e q u e n t l y e a s t w a r d a l o n g t h e sa id e n c l o s u r e of
H y d e P a r k B a r r a c k s a n d t h e s o u t h e r n b o u n d a r y of t h e O u t e r G o v e r n m e n t D o m a i n a n d t h e p r o l o n g a t i o n t h e r e o f t o a s m a l l s t r e a m w h i c h fa l ls i n t o W o o l o o m o o l o o B a y t h e n c e a l o n g t h e
sa id s t r e a m to t h e sa id b a y a n d t h e n c e a l o n g t h e w a t e r ' s e d g e t o t h e l a n d i n g p lace s i t u a t e d
t o t h e w e s t w a r d of D a w e s ' B a t t e r y .
BRISBANE W A R D .
T h e p o r t i o n of t h e C i t y of S y d n e y b o u n d e d on t h e n o r t h b y 0 i pps W a r d f rom
D a r l i n g H a r b o u r t o G e o r g e - s t r e e t t h e n c e s o u t h w a r d a l o n g G e o r g e - s t r e e t t o t h e spo t w h e r e i t i s m e t b y D r u i t t - s t r e e t t h e n c e a l o n g D r u i t t - s t r e e t a n d t h e p r o l o n g a t i o n t h e r e o f t o D a r l i n g
H a r b o u r t h e n c e b y t h e w a t e r ' s e d g e t o t h e c o m m e n c e m e n t of G i p p s W a r d .
MACQUARIE W A R D .
T h e p o r t i o n of t h e C i t y of S y d n e y b o u n d e d by B o u r k e ' s W a r d f rom t h e W o o l o o m o o l o o
S t r e a m t o G e o r g e - s t r e e t t h e n c e s o u t h w a r d a l o n g G e o r g e - s t r e e t a n d a p a r t of Br i ck f i e ld H i l l
t o t h e spo t w h e r e t h e s a m e is c rossed b y L i v e r p o o l - s t r e e t t h e n c e e a s t w a r d a l o n g L i v e r p o o l -
s t r e e t to t h e s p o t w h e r e i t m e e t s t h e b o u n d a r y of t h e P a r i s h of A l e x a n d r i a t h e n c e n o r t h w a r d a l o n g t h e sa id b o u n d a r y t o t h e s p o t w h e r e i t t o u c h e s t h e b o u n d a r y of B o u r k e ' s W a r d a t
W o o l o o m o o l o o B a y .
COOK'S W A R D .
T h e p o r t i o n of t h e C i t y of S y d n e y b o u n d e d b y B o u r k e ' s a n d M a c q u a r i e W a r d s from
W o o l o o m o o l o o B a y t o t h e s p o t w h e r e L i v e r p o o l - s t r e e t is m e t b y E l i z a b e t h - s t r e e t t h e n c e
a l o n g E l i z a b e t h - s t r e e t a n d a n i n t e n d e d s t r e e t i n p r o l o n g a t i o n of t h e s a m e t o t h e spo t w h e r e
s u c h i n t e n d e d s t r e e t w i l l c ross t h e b o u n d a r y of t h e C i t y t h e n c e b y t h e C i t y b o u n d a r y t o t h e b r i d g e o v e r W e s t ' s C r e e k a n d t h e n c e b y t h e w a t e r ' s edge t o t h e s t r e a m r u n n i n g i n t o
W o o l o o m o o l o o B a y .
P H I L L I P ' S W A R D .
T h e r e m a i n d e r of t h e C i t y — t h a t i s t o say t h e p o r t i o n of i t l y i n g to t h e s o u t h w a r d
a n d w e s t w a r d of B r i s b a n e M a c q u a r i e a n d C o o k ' s W a r d 3 .
c.
c.
T H E L i s t of C i t i z e n s i n W a r d in t h e C i t y of S y d n e y .
Christian Name and Sur Nature of the Property Street Lane or other place in this Ward name of each Person at rated. where the Property is situated for lull length. which he is now rated. Ashton John.................... Shop No. 23 Clarence-street. Bates Thomas.................. House........................ Brook's Farm.
A . B.}
( S i g n e d ) C o l l e c t o r s of W a r d .
C . D . D.
Notice of Claim.
T o t h e T o w n C l e r k of S y d n e y .
I h e r e b y g ive y o u n o t i c e t h a t I c l a i m to h a v e m y n a m e i n s e r t e d in t h e C i t i z e n L i s t
of t h e C i t y of S y d n e y t h a t I occupy (here describe the house warehouse counting-house or
shop then occupied by claimant) in t h e C i t y a n d t h a t I h a v e been r a t e d i n W a r d
(here state the Ward or several Wards and the time during which the claimant has been rated
in each of them within the City necessa),y for his qualification).
D a t e d t h e d a y of in t h e y e a r
( S i g n e d ) J O H N A L L E N of (place of abode) E.
Notice of Objection.
T o t h e T o w n C l e r k of S y d n e y (or the person objected to as the case may be).
I h e r e b y g ive y o u n o t i c e t h a t I ob j ec t to t h e n a m e of T h o m a s B a t e s of B r o o k ' s F a r m
i n W a r d of t h e C i t y of S y d n e y (describe the person objected to as described in
the Citizen List) b e i n g r e t a i n e d on t h e C i t i z e n L i s t of t h e C i t y of S y d n e y .
D a t e d t h e d a y of i n t h e y e a r
( S i g n e d ) J O H N A S H T O N of (here state the place of abode
and property for which he is said to be rated
in the Citizen List).
F.
List of Claimants.
T H E fo l lowing P e r s o n s c l a i m to h a v e t h e i r n a m e s i n s e r t e d on t h e C i t i z e n L i s t of t h e C i t y
of S y d n e y .
Christian Name and Nature of the pro . Situation of the pro Ward (or Wards) in which he Surname of each perty for which he perty for which has been rated as stated in Claimant. is now rated. he is now rated. the claim. Allen John........... House.................. No. 17 King-street. Rated in the last year in Ward (or Wards) and in the whole of the preceding year in Ward (or — - Wards).
( S i g n e d ) A. B . T o w n C l e r k .
3 s—VOL. 2. G. ( 1 .
List of Persons objected to.
T H E fo l lowing P e r s o n s h a v e b e e n o b j e c t e d t o as n o t b e i n g e n t i t l e d t o h a v e t h e i r n a m e s
r e t a i n e d on t h e C i t i z e n L i s t of t h e C i t y of S y d n e y .
Situation of the pro Ward (or Wards) in which is
Christian Name and | Nature of the pro perty for which the property for which he is
Surname of each perty for which he is said to he now said to he rated in the person objected to. he is now rated. now rated in the Collector's List. Collector's List.
Bates Thomas...... House..................
Brook's Farm . . . . Ward.
( S i g n e d ) A . B . T o w n C l e r k .
0
0
0