Sydney Corporation Act 1902 (NSW)

Act No. 3o, 1902.

S y d n k v

COUI'OIIATION'. An Act to consolidate the Statutes relating to

the Corporation of the City of Sydney. [20//̂

Augmi, 1902.] ,

"]T)E it enacted by the King’s Most Excellent Majesty, by and n itb

_I3 tbe advice and consent of tlic Legislative Council and Legislative

Assembly of New South "Wales in Parliament assembled, and by tbe authority of the same, as follows : —

Sliojt	utul	1.	This Act may be cited as tbe “ Sydney Corporation Act,
division.

1902,” and is divided into Parts, as follows:—

PAUL I .—Repeal and interpretation—ss. 2-1.

PART II .— Corporate powers and city boundaries—ss. 5-S.

PART I I I .— The qualljication o f citizens—s. 9.

PART IV .—Lists and rolls o f citizens—ss. 10-17.

PART V.— The election and retirement o f manor and aldermen—

ss. 18-57.

PART VI.—Appointment o f officers—ss. 58-65.

PART V II.— Council meetings—ss. GG-73.

PART V III.— The regulation o f ptiblic icays—ss. 74-109.

PART IX .— General rates—ss. 110-131.

PART X.— Injuries to lights or fountains, 8pc.—ss. 132-131.

PAE.T X I.—Markets, parks, sale-yards, —ss. 135-150.

PART X II.—Street-watering rates—ss. 151, 152.

PART X III.—Nuisances and puhlic health—ss. 153-189.

PART XIV.—Revenue and loans—ss. 190-19G.

PART

Act No. 35. 1902. 2G3

Sydney Corporation.

PAE;T XV .— llesumption o f land—ss. 197-199.

PART XVI.—By-laios—ss. 200, 201.

PAP/I’ X V II .— Miscellaneous provisions and procedure — .ss.

202-217.

PART I.

Hepeal and interpretation.

2. (1) The Acts mc^ntioned in tiu' Pirst Sclicdulo to this Act R.-poni.

are, to the extent therein expressed, lierehy repealed.	Seiicduip.
(2) All regulations and by-laws made under the authority of any Act hereby repealed, and being in force at the commenccinent of this Act, shall be deemed to have been made under the authority of this Act.
(3) The provisions of this Act shall not have any operation so far as the same are inconsistent with the Metropolitan Traffic Act, 1900, or the Acts relating to the Metropolitan Board of IVatcr and Sewerage, or the Act fifty-third Victoria number fourteen.

3.   In this Act the following words within inverted commas shall, intorprotation of

unless the context otherwise indicates, have the meanings and include ^

the persons, animals, and things set against them respectively,—■ no '̂ .j'o '̂joq’s -s '

“ Building”—Any house, dwelling, office, shop, store, warehouse, manufactory, counting-house, stable, coacli-bouse, tlu'atre, or other building or erection whatsoever, with the appurtenances tliereto belonging.

“ Building-line ”—A line inside of and in all its parts corresponding with the outer line of tlie curbing as now or hereafter lawfully defined, and at the authorised distance therefrom, as shown upon the plan approved by the council of any street, such building-line being so measured irrespective of the width of the carriage-way.

“ By-law ”—Any by-law or regulation duly made or deemed to have been duly made under tlie authority of this Act.

“ Cattle ”—Horses, sheep, lambs, oxen, bulls, cows, calves, pigs,

and goats.

“ Cesspit”—^Any pan or other receptacle for night-soil.

“ Citizen”—Every person whose name is included in the roll of

citizens.

“ City ’’—The city of Sydney.

“ Civic office”—The office of mayor, alderman, town clerk,

treasurer, health officer, engineer, surveyor, or inspector of

nuisaffccs for the city. “ Corporation ”

264   Act No. 85, 1902.

Sydney Corporation.

“ Coi’poration ”—The mayor, aldermen, and eitizens of the city.

“ Justice ”—A justice of the peace.

“ Landlord ”—The owner or person at the time receiving rent

from the tenant of any premises.

“ Newspaper ”—Newspaper published in the city.

“ Owner”—The landlord or person at the time receiving the rent

for any premises, whether on his own account or otherwise,

or who claims to be the owner.

“ Pi’cmises”—-Any land, whether a building he erected thereon

or not.

“ Public way ”—Any road, highway, street, square, lane, court, alley, or other puhlic thoroughfare or place, whether the same be in actual use or not.

“ Eatc ”—Any rate made payable under the provisions of this Act. “ Polls ”—The lists of citizens for the several wards duly certified

as hereinafter provided.

“ Tenant”—Any person occupying any premises not being employed and paid as a bona fide servant of the owner thereof.

“ Town clerk ”—The town clerk or other person legally authorised to act as such for the time being.

“ W ards”—The twelve wards into which the city is divided.

Powers of corpoiiition 4. (1) Evci’y actiou, suit, prosccution, or other proceeding

to continue. wliatsocvcr instituted before the commencement of this Act by or

43 VIC. No, 9. 4 . • I I f 1 • ,1 • . 1 * 1 £* 1 1

against the corporation or the municipal council ot Sydney may bo continued without any alteration of any pleading, legal process, or record; and all decrees, injunctions, and orders duly made, and all fines and penalties lawfully imposed and incurred, and all rates duly made, or so much thereof as shall not have been levied and recovered, may be enforced, levied, and recovered by and in the name of the corpora­ tion or the rhunicipal council of Sydney in like manner as they could have been enforced, levied, and recovered if this Act had not been passed.

(2) All real and personal property of what description soever now belonging to or vested in the municipal council of Sydney shall continue to belong to and vest in the said municipal council subject to the provisions hereinafter contained.

(3) All contracts, appointments, and engagements made by the said municipal council, together with all rights and liabilities existing at the commeneement of this Act shall be and continue to be as binding on and as enforceable in favour of the said municipal council as if tliis Act had not been passed.

(4)

Act No. :!5, 1902. 2G5

Sydney Corporation.

(4) Any person duly elected or appointed to any otlicc

under tiie provisions of any enactment hereby re]iealed. and holding’ such office at the commencement of this Act, shall continue in otlice liereuiider in the same manner in all respects as if this Act had Ix'en in force at the date of his election or appointment and he had been elected or appointed liereunder.

PART IT.

Corporate powers and city boundaries.

5. Tlie municipal council of the city, heroinaftcr called “ the ConsiUntion ot ihc

council,” shall consist of the mayor and aldermen, 11110 are from time™'"’"'’	No. ;M, 1930, s. 1.-,.
to time in office in accordance ivith the provisions of this Act.	~ ’

6 . The mayor, aldermen, and citizens of the city of Sydni'y Munui|wi council to

sliall continue to he a corporation undt'r the style and title o f ‘‘Thti

iMimicipal Council of Sydney,” and under that name— ̂ 43 vie. No. 3, s. 4.

(a) shall have perpetual succession and a common seal;

(b) may sue and be sued in all courts;

(c) may ])urchase and hold real and personal property of any description whatsoever to the use and for the purposes only of the said corporation ;

(1/) may grant, alienate, and convey, sell, assign, or demise for

anv term not exccedimjr twentv-one vears anv real or personal

• estate ; and

(e) generally may exercise, subject to the provisions of this Act, all powers incident to a body corporate.

7 . The boundai’ies of the city of Sydney shall continue to he Boundaries of cUv.

those described in the Second Schedule hereto, hinng the I'oundaries

described in Schedule B to the Sydney Corporation Act of 1879, and Sdicduics.

shall include in addition thereto so much of the land described in the

Eighteenth and Nineteenth Schedules hereto as is not included in	the No. 08, IfOO, s. 6.
parcel of land described in the said Second Schednle.

8 . The city shall be divided into twelve wards, as hereunder Wards of city.

describ('d—- No. 3U, 1900, s. .3.

{ a ) SO much of Sydney-King eh'ctoral district as is bounded on the south by the northern side of King-street and the con­ tinuation thereof to the boundary of Sydney-Eitzroy electoral district, and such area shall be known as Bourke IVard ;

(/>) so much of Sydney-King elctdoral district as is bounded on the north by the southern side of King-street and the con­ tinuation thereof to the boundary of Sydney-Eitzroy electoral district, and such area shall he known as Macquarie ITard ;

266   Act No. 35, 1902.

Sydney Corporation.

(c) so much of each of the Sydney-Fitzroy, Sydney-13elmore, Sydney-Cook, Sydney-Phillip, Sydney-Lang, and Sydney- Gipps electoral districts (described in Gazette number six hundred and eighty-eight, of the fifth day of October, one thousand eight hundred and ninety-three) as is included Avithin the boundaries of the city, which areas shall be known respectively as Pitzroy, Belmore, Cook, Phillip, Lang, and Gipps Wards; and

{d) so much of each of the Sydney-Bligh, Sydney-Plinders, Sydney-Denison, and Sydney-Pyrmont electoral districts (described in the Gazette aforesaid) as is included Avithin the boundaries of tbe city, together with so much of the city as is outside of and adjoining each of the said electoral districts and is not included AA’ithin any other Sydney electoral district described as aforesaid, AAdiich areas shall be knoAvn respectively as Bligh, Blinders, Denison, and Pyrmont Wards.

PART III .

Qualifications o f citizens.

Quiiiifirations of 9. (1) Tlio folloAA iug porsous, if of tlic ago oF tAA'onty-ono ycai's or upAvards, shall be entitled to be placed on the citizen’s roll for any

No. 30,1900, s. 5. ward ;—

* V

{a)	Any person, male or female, being a natural-born or naturalised
British subject, aa'Ii o , on the first day of September of that year,

* is scA ĉrally the OAAOier of a freehold interest in possession of any property in that AAurd assessed at a yearly value of fiv(i pounds or upAvards or of a leasehold interest in any property in that AAurd of a yearly value of tAventy-five poAinds or upwards; and

One of the persons Avho are on the said day jointly

tlie OAvners or leaseholders as aforesaid of any property assessed as aforesaid; and in such case the joint OAvner or leaseholder Avho is entitled to be placed on the roil shall be determined by a majority of such joint owners or leaseholders evidenced Iaâ agreement signed bv sucli majoritv, and handed to the collector of the roll for the Avard, and delivei’cd by

- him Avith the list to the chamber magistrate of the Central Police Court, or, failing such agreement, according to the alphabetical order of the surnames of such joint OAA’ners or leaseholders. In the case of properties OAvned by public

companies,

Act No. 35, 1902. 267

Sydney Corporation.

companies, or bodies corporate, or trustees, tbe directors of sueli companies, or liodies corporate, or tbe trustees, sball bave power to nominate tbeir manager or secretary, or one of tlieir own number, as tlic person to be placed on tbe roll in respect of sucli property; or, failing such nomination, tbe manager or secretary of any such company, or tbe trustee whose name first appears in the instrument creating such trust sball be so enrolled.

{h)	Any person, male or female, being a natural-born or naturalised British subiect, who has been continuously during tbe six months next preceding tbe first day of September in that year in joint or seycral occupation of any bouse, w^arebousc, eounting-bouse, shop, or other building, including any room or part of a bouse separately occupied in that w'ard of a yearly value of ten pounds or upwards.
And w I ku’c an oceujder is entitled to tbe sole and exclusive use of any part of a bouse, that part sball not, for tbe purposes of this section, be deemed to be occupied otherwise than separately by reason only that tbe occupier is entitled to tbe joint use of some other part.
But any such bouse, warehouse, counting-house, shop, building, room or part of a bouse need not be throughout tbe six months constituting tbe period of qualification under this subsection the same property, provided it is in tbe same ward. In the case of properties occupied by public companies or bodies corporate, or trustc(?s, tbe directors of such companies or bodies corporate, or tlu; trustees, sball bave power to nominate tbeir manager or secretary, or one of tbeir own number, as tbe person to be ])laced on tbe roll in respect of such property; or, failing such nomination, tin; m.anager or secretary of any such company, or tbe trustee rvbose name first appears in the instrument creating such trust sball be so enrolled.
(e)	Any person, male or female, being a natural-born Britisli subject or naturalised person, who as a lodger has continuously during the six months next preceding tbe first day of September in that year, occupied jointly or severally any lodgings in tbe same dwelling-house in the said ward, of a clear yearly value of ten pounds or upwards.

(2) Bor the purposes of this section the word “ female” sball

include married women.

(3) Provided that in tbe ease of a joint occupation under Provision for joint

subsection {h), or a joint occupation as a lodger under subsection (e),	oi'
as aforesaid, only one of STicb joint occupiers or joint lodgers sball be entitled to be placed on the roll, unless tbe premises jointly occupied

under

2G8 Act No. .35. 1902.

Sydney Corporation.

under subsection {h) are of tbe yearly value of twenty pounds or upwards, or unless such lodgings arc of the clear yearly value of twenty pounds or upwards, in which cases such number of the said occupiers or lodgers as, when divided into the said yearly value, gives a quotient of ten pounds, with a remainder of less than ten pounds, shall be entitled to be placed on the citizens’ rob.

The joint occupiers or lodgers ivho shall be so entitled shall be determined by a majority of the occupiers or lodgers, evidenced by agreement signed by such majority, and handed to the collector of the roll for the ward, and delivered by him with the list to the chamber magistrate of the central police court, or failing such agree­ ment, according to the alphabetical order of the surnames of the occupiers or lodgers.

Where citizen lias

more than one (4) Provided also that any person having a qualification

qualiiicalion under	mentioned in subsection («) shall not be entitled to have his name
subsection {a).	placed on the roll for any ward in virtue of any other qualification under subsection {b) or subsection [c) which he may possess ; but he shall be entitled to have his name placed on the roll for every ward in which he is qualified under the said subsection {a) by virtue of his ownership or lesseeship of property in that ward.
Under subsections
(//) or (r).	(5) Provided, further, that any person having more than one qualification under subsection {b) or subsection (c), or under both those subsections, shall be only entitled to have his name placed on the roll for one ward ; and he may by notice in writing given to the chamber magistrate of the central police court choose the roll on which his name shall be placed, and if he does not make such choice before the expiration of the time prescribed for making out tbe lists of citizens, the chamber magistrate aforesaid shall make such choice.

PART IV.

Lists and rolls o f citizens.

Appointment of	10.	(1) On or before the first day of September in every year
eoUeefors.

No. 30, 1900, 9. 0.

the stipendiary magistrates, and the acting and deputy stipendiary magistrates, of the metropolitan police district, or any three of such magistrates, sball appoint members of tbe police force as collectors for each ward, and every such collector shall, before entering on his duties, make and subscribe a declaration before a justice in tiie form of the

Thir.l Schedule.

Third Schedule, which declaration shall be kept as a record in the

central police court.

(2) Such magistrates or any three of them shall also appoint

clerks of the revision courts to be held for that year under this Act.

Act No. 35, 1902. 269

Sydney Corporation.

11. (1) The collectors appointed for each ward shall, in the Coiuciors lo make month of Sc])temher in every year, make out a list arranged in the

alphabetical order of the surnames of the persons Avho on inquiry

sucli collectors consider are entitled to haye their names placed on

'

the roll for such ward, and shall deliver such list to tlie chamlier

magistrate of tlie central police court.

(2) The said chamber magistrate shall forthwith on receipt of any such list cause it to he ]>rinted, and shall supply copies at a reasonable price to any person requiring the same, and shall cause a copy to be atlixed on evciy court of petty sessions in the city, and at some convenient place in I'ach ward where there may be no court of petty sessions.

(3) The town clerk shall procure a copy of such list and

cause it to he posted at the Town Hall.

12.   (1) The said list shall contain the names and qualifications of Lists exiiibited.

all ])crsons qualified to vote, alphabetically ari’anged according to the md. s. o.

form in the Pourth Schedule, and shall he signed by the chamber	sdieduie.
magistrate, and exhibited at the places provided for under the last preceding section from the first to the fifteenth day of October in each year.

(2) Twice at least during such time the town clerk shall

cause notice to be published in two newspapers of such lists being so

open to inspection. .

13. (1) At any time after the list for any ward has been made Notices oiclaims and

out, and before the tiftcnith day of October in any y'ear, any person whose name is not on such list may" by notice in writing givtm by him or by some person on his behalf to the chamber magistrate of the central police court make claim in the form of the Piftli Schedule to Fiftii Schedule.

have his name inserted in such lis t; and during the said period any

person may by notice in writing given liy him as aforesaid in the form

of tlie Sixth Schedule object to tbe name of any person being retained	Sciicduie.
on sucli list.
(2) As soon as possible after the said fifteenth day of October, the said chamber magistrate shall cause to be arranged in the alpliabi'tical order of their surnames and printed in a paper the names of the persons so claiming, and shall cause to be arranged as aforesaid and printed in another pajier the names of the persons so objected to, and shall supply copies at a reasonable price to any person requiring the same, and shall cause copies of such papers to lie affixed on every" court of petty sessions in the city" and at sucli places in each ward where the lists have been affixed, and shall keep them so affixed until the I’oll for the ward has been prepared.

14. (1) Between the fifteenth day of October and the fifteenth Revision courts to

day of November revision courts for revising the lists for the wards ol‘

the city shall he held at such places within the city as the stipendiary" '

magistrates

270   Act Ifo. 35. 1902.

Sydney Corporation.

magistrates and deputy and acting stipendiary magistrates of the metropolitan police court or any three of them may prescrihe by notification in the Gazette and one or more newspapers; and a copy of such notification shall he affixed on every court of petty sessions in the city and at such places in each ward where the lists have been affixed.

(2) Each revision court shall he an open court, and shall

he constituted by one or more of such magistrates.

Procedure at revision

courts.	15. (1) The chamber magistrate of the central police court shall at the opening of any such revision court produce the list for the Avard and copies of the papers containing the names of the persons claiming to he inserted in the list and of the persons objected to.
No. 30, 1100, s. 12.

Correction ot* list. (2) The magistrate presiding at any such revision court—

{a) shall remove from the list the name of every person proved to he dead, whether objection has or has not been made under this A ct;

(b)	shall remove from the list the name of every person objected to in pursuance of this Act on the appearance of the person so objecting, or his agent or advocate, and on proof that the person Avhose name is on the list has not the qualification entitling him to be placed on the roll for the ward;
(c)	shall insert in the list the name of every person claiming in pursuance of this Act, on proof that he has the qualification aforesaid; and
(d)	shall correct all errors and supply all omissions in such list as to the names, descriptions, and qualifications under this Act of any persons.

Initialling (3) The magistrate so presiding shall, in open court, Avrite

alterations.

his initials against any addition to or alteration of the list made as

aforesaid.

Roll to bo certified.

16. The magistrate presiding as aforesaid shall cause a fair copy to be made of the list as altered or added to in the revision court, and after certifying to the correctness of the same, shall forward it to the town clerk, and such copy shall be the roll for the AAnrd until a new roll is prepared, and shall be prima facie evidence that the roll has been duly made and of the correctness of the contents thereof.

Ibid. s. 13,

Power of revision

court to examine 17. (1) A revision court shall haA’o poAver to hear, receive, and

evidence.

examine evidence, and by summons under the hand of the revision

Ibid. 8, 14.

clerk to require all such persons as it thinks fit to appear personally before it, at a time and place to be named in such summons, and to produce to the court all such books and papers in their po.ssession or under their control as may appear necessary for the purpose of their examination; and any person so required Avho, AAuthout sufficient excuse, neglects or refuses to comply Avith such summons, or, haA'ing appeared before the said court, refuses Avithout such excuse to take an oath or

affirmation.

Act No. 35, 1902. 271

Sydney Corporation.

affirmation, or having taken such oatli or affirmation, to answer the (juestions put to iiim, may he dealt Avith in all respects as a person refusing or neglecting to a])pear or to take an oath or affirmation, or to give CAudence licforc a court of petty sessions.

(2) If it apjiear to a revision court that any person has made FrUoioui eidnis or

or attempted to sustain any groundless, frivolous, or A'cxatious claim or ohjection, such court may onU'r tiu; payment by such person of any sum not excec'ding teu pounds as costs to he paid to any other person in resisting such claim or ohjection. Any sum so ordered to he paid may, il' not paid Avithin the time specified in the order, be recovered before any court of potty sessions in the city hy the person named in the order as being entitled thereto.

(3) A revision court may adjourn from time to time, and if Atijounimeni of

one hour after the time appointed for the holding of the court the magistrate is not present the revision clerk may adjourn such court to another hour or day: Provided that no such court shall be adjourned for more than three days at a time until the revision of the list then before it is completed.

PAET V.

The election and retirement o f mayor and aldermen.

18. (1) On the first day of Dcccmher, one thousand nine netireinoni aTui

hundred and tAA'o, and on the first day of December in every second year thereafter, there shall be an election of aldermen of the city ; and on such election being held, the aldermen then in office shall retire, but may at such election he re-elected, if otherAvise qualified.

(2) Any male person on the roll for any AA'ard of the city

shall be qualified to be elected as alderman.

19. On the ninth day of December in cA'ery year the aldermen Election of mayor,

shall assemble at the ToAvn Hall for the purpose of electing one of	s. 17.
their OAvn number to he mayor of the city for the forthcoming year. The mayor shall enter into office on the first day of January next following his election, and shall hold office until the thirty-first day of December folloAving, and shall be eligible for I’c-elcction if still qualified.

20. The mayor may receive from the city fund such allowance Remuneration of

for his services as the council may from time to time determine. I'^vie^xo 3 s gg

21. There slmll be two aldermen for each Avard, aaJio shall be Election of aldermen,

elected by the persons on the roll for such Avard. î oo, s. 19.

22. (1) No candidate at any election shall expend, either by Election expenses—

himself or his agent, more than fiftv pounds in connection Avdth such

election, and the details of such expenditure verified by statutory ' '	’
declaration shall be furnished to the toAvn clerk within seven days after

the holding of an election. (2)

272   Act No. 35, 1902.

Sydney Corporation.

(2) Any candidate who spends more than the said fifty pounds in connection with any such election, or fails to furnish the details of his expenditure Avithin the time limited in the last preceding section, shall be liable to a penalty of tAventy pounds, to be recovered in a summary manner in any court of competent jurisdiction, and if elected such election shall be void.

Persons ditqualifiid.

23. (1) The folloAving persons shall be disqualified from being

(«) a Supreme Court Judge ;

(/;) a District Court Judge ;

43 Vie. No. 3, ss.

13, 42.

elected to hold the office of alderman, or, if in office, shall also be

deemed to have ceased to hold such office, that is to say,—

(e)	every person holding any place of profit under the Crown or the council;
(d)	every military or na\'al officer in full pay in any force other than the volunteer force ;

(e) every person of unsound mind ;

(J') every nncertificated bankrupt or insolvent; and

( y ) every person Avho has compounded Avith his creditors.

(2) Every person Avho has compounded Avith his creditors shall cease to be disqualified at the expiration of three years from the date of the composition.

(3) Every bankrupt or insoh^ent shall cease to be disqualified

at the expiration of three years from his becoming bankrupt or

insolvent provided he has obtained his certificate.

(4) EÂ ery citizen holding the office of mayor or alderman

Avho is declared bankrupt or insolvent or compounds Avith his creditors

shall thereupon cease to hold his office, and be disqualified from election

to any civic office vmtil he has obtained his certificate or paid his debts

in full, or obtained a release from his creditors.

Civic officers

contracting liable to	24. Any person aaIio, Avhilc holding any civic office under this partnership Avith any other person, or othenvise hoAvsoever knoAvingly engaged or interested in any contract, agreement, or employment, Avitli or on behalf of the council, except as a shareholder, but not being a director in any joint stock company, shall be liable to a penalty not exceeding one hundred pounds nor less than fifty pounds, and shall be for three years thereafter disqualified from holding any civic office.
penalty.	Act, continues to be or becomes directly or indii’ectly, by means of
Ibid. 8. U .

Members of Council and	26.	Members of the Legislative Council and Legislative Assembly
Assembly oxtmjit.

Ibid. 8. 16.	respectively may claim exemption from serving in any civic office.
Returning officer.	26. (1) The returning oflicer for the election of aldermen shall be the town clerk or such other citizen as the Governor may appoint in that behalf by notification in the Gazette and one or more newspapers.
No. 30, 11 00, 8. 21.

(2) The returning officer shall appoint in AAuiting under his

hand presiding officers to conduct such elections Avithin the respective Avards, and if any such officer is prevented from attending by unaA^oidable accident, a substitute Avith like powers may be appointed

in the same manner, 27.

Act No. 35, 1902. 273

Sydney Corporation.

27. (1) On and after the tenth day, and until noon of the fifth Nomination of

day next before any election of aldermen, any two citizens qualified to

vote in any ward may hy writing nominate to the returning officer, for

cleetion in that ward, any other citizen or two citizens if two aldermen	>	- >	• •
are to be elected and no more, hut no such nomination shall he received and no proceedings in respect of the same shall he taken unless it he accompanied hy a consent to such nomination signed hy each person nominated.
(2) On the two days next before the election, and on the day of election, there shall he published under tlie hand of the returning officer in two newspapers, the names and residences of all citizens so nominated, specifying their wards and the names and residences of two at least of their nominators.

28. If, at any election of aldermen, no greater number of Eiooiion «hon no

persons in any ward are nominated for election than the number then to he elected, the returning officer shall declare, in manner hereinafter provided, each person nominated to he duly elected.

29. Every person nominated may appoint a scrutineer on his Scrutineers, behalf at the election for which such person may he nominated, and -fin/, s. 19. such scrutineer before so acting shall subscribe and make a declaration

in the form in the Seventh Schedule hereto. Seventh Sciieduio.

30. (1) Eor every election of aldermen the returning officer poiung booths,

shall cause liooths to he erected or rooms to be provided at one or more

s- -i.

polling-place or polling-places in and for each Avard as he may deem necessary, and shall cause such booths or rooms to he so divided and arranged as to carry into (‘ffeefthe provisions of this Act Avith inner compartments opening only into the room in Avhich the ballot-box is

placed, and supplied Avith Avriting materials so that the voters may fill

up their ballot-papers in secrecy.

(2) Every person A v i l f u l ly intruding into any compartment

shall he deemed guilty of a misdemeanour, and may he fortliAvith given

into custody hy the presiding officer and dealt with accordingly.

31. (1) The returning officer shall also cause to he furnished Buiiot-boxes, ic.,

for the use of each polling-place printed copies of the roll, and a

sufficient number of ballot-papers, according to the form in the Eighth ' • •

appoint a poll-clerk.

Schedule hereto, together Avith a hallot-hox Avith a secure lock and Eighth sd.ctiuio.

(2) A puhlic notice of the situation of each polling-place shall he published hy the returning officer in any two daily ncAvspapers published tAvo days before the day of election.

32. There shall he one key only to each hallot-hox, Avhich the Key ot biiUot boica.

returning officer shall always keep, and the boxes shall he hy him	3- 23,
locked before the election and unloclvcd after the electh)n.

s 33.

274   Act No. 35, 1902.

Sydney Corporation.

Hours of voting. 33. The voting shall at every election commence at eight

No. 30, 1900, 8. 22.

o’clock in the morning, and shall finally close at six o’clock in the

afternoon of the same day, unless adjourned as hereinafter provided.

Mode of voting.

34. (1) Each citizen shall enter unattended, unless in case of thereupon the presiding officer or poll-clerk, having marked off the name of such citizen on a copy of the roll specially provided for that purpose (which shall he prima facie evidence of the identity of such voter with the person Avhose name shall be so marked off on the roll and of the fact of his having voted at such election), shall give him a

43 Vie. No. 3, s. 25,

necessity, into the booth or room in which the hallot-hox is kept, and

No. 30, 1900, B. 23.

Eiglitli Schedule,

ballot-paper according to the form in the Eighth Schedule liereto, for

each vote to which he is entitled.

(2) Such citizen shall take such ballot-papers into an inner compartment and there without delay cancel them by striking through the name of every candidate except such as he intends to vote for, and shall then fold up each ballot-paper so as to conceal the names, and immediately put it into the ballot-box, and thereupon he shall at once quit such booth or room and shall not re-enter the same during the election.

(3) Xo two voters shall be in the same inner compartment

at the same time.

(4) Every voter shall vote for the full number of aldermen to he elected for the ward and no more, otherwise the vote shall be rejected as informal.

Presiding officer how

to vote.	35. Any presiding officer, scrutineer, or poll-clerk may vote in any ward other than that in whicli he acts, hy immediately before the examination of the contents of the several ballot-boxes, depositing his ballot-paper in the hallot-hox for such ward.
43 Vie. No. 3, e. 26,
citi;5ens.
Blind or illilcnile	36. In case any citizen desirous of voting is blind, or cannot read, t he presiding officer shall openly in the ballot-room strike through the names of all persons nominated upon such ballot-paper except sueh as the citizen shall declare his intention to vote for, and shall thereupon exhibit the same to the scrutineers.
H id. 8. 27.
Disposal of
ballot-boxes.	37. At the close of the poll the ballot-boxes shall be sealed up or otherwise secured hy the several presiding officers in the presence of such scrutineers as choose to attend, so as to prevent any ballot- papers being taken therefrom or inserted therein, and shall forthwith be conveyed by the presiding officers to the Town Hall, and be delivered to the returning officer.
Ibid. 8. 23.
Declaration of tlie
cleetion.	38. (1) Immediately after such delivery to the returning officer and the votes counted by the returning officer and such other presiding officers and scrutineers as may attend, and the result of the election shall be thereby ascertained, and shall be reported to the mayor by the
Ibid. s. 29.	of the said boxes, the whole of the ballot-papers shall be examined,
No. 30, 1900, B. 21.
returning officer. (2)

Act No. 35, 1!)02. 275

Sydney Cot'poration.

(2) The mayor shall, on the second day after the election, declare in the Gazette n hich shall then he puhlished expressly for the purpose, and in two newspapers, the names of the aldermen so elected for the several wards, and the town clerk shall send hy post a separate notice in writing of his election to every such akh'rman, addressed to his usual place of abode.

39. (1) All such ballot-papers, together with the polling lists Di«|)'«ai ,.f

used tlu'r(!at, shall he sealed up and deposited hy the town clerk with

the records of the council, and the scaled packets containing the same

'

shall be endorsed as being the papers connected with the election to

which they relate.

(2) In case any question arises touching the election, such papers, upon production tliereof, with a certilicate thereon under the hand of the town clerk that the same were so in his custody, shall he received as conclusive evidence of such- being the original papers in any legal proceedings.

(3) After three months such packets with their contents

may he destroyed.

40. (1) Any person having a qualification mentioned in suh-No inquiry at

section («) of section nine as an owner of propt'rty shall, before voting at any election, make and subscribe a declaration before the presiding officer, stating that he is the beneficial owner or manager or trustee for^oi,

®

th(‘ beneficial owmn’ of the property for which his name is placed upon

the roll.

(2) Before any person (daiming to vote under subsections (b) or (c) of the said section shall be permitted to vote, he shall make and subscribe before the presiding officer a declaration in the form contained in the Ninth Schedule to this Act.

Ninth Sciioduie.

(3) No question shall he put to any person applying to

vote at any election other than the following, “ Are you the person

named as number in the citizens roll for

5vard ?” the name and corresponding number being at

tlic time mentioned to him.

(4) Every person wilfully making a false answer to such question, or wilfully making a false declaration under this section, shall be deemed guilty of a misdemeanour.

(5) No person shall be allowed to vole unless he makes

such declaration, and (if asked) answers such question satisfactorily.

(6) Provided always that no person shall be excluded from voting at an election unless it ajipears to the presiding officer that the person claiming to vote is not the person Avhosc name appears on the roll, or that be has previously voted at the same election within the same ward, or otherwise contrary to this Act.

41. When any extraordinary vacancy occurs in the office of EitraorJimirv

alderman the citizens entitled to vote shall, upon a day to be fixed of‘‘Sermon.

* Vic. iN0. 3j 9. 34.

276   Act No. 33, 1902.

Sydney Corporation.

the mayor not exceeding fourteen days after the occurrence of such vacancy, of which day he shall give notice in the Gazette and in one newspaper, elect another citizen to supply such vacancy who shall thereupon hold such office for the residue of the regular term of office of his predecessor, but he shall then be eligible for re-election if still qualified.

Adjournment of

election on account	42. Where the proceedings at any election of aldermen arc adjourned to the following or such other day and hour as the presiding officer shall determine and declare, and if necessary shall he in like manner further adjourned until all interruption or obstruction has ceased, when the poll shall he resumed.
of interruptions.	interrupted or obstructed by any riot or open violence the poll may he
43 Vic. No. 3, 8. 35.
Adjournment for

other causes. 43. If from any other cause any election of an alderman shall

Ibid, 8. 36.

not take place on the day appointed for the same it shall stand adjourned until the same day of the following week, of Avhich three days’ previous notice shall he given hy the returning officer in the Gazette and in one or more neAVspapers, and the alderman going out of office shall continue in office until after such adjourned election.

Returning officer

. 44. In the event of the number of votes being equal for any

to vote in case of

equality.

two or more candidates the returning officer shall have a casting vote

Ibid. 8. 37.

and give the same in Avriting and thereupon declare Avhich of such

candidates is duly elected.

Election not void

for defects.

45. Xo election under this Act shall he questioned by reason of any defect in the right or title to act or any want of right or title to act on the part of any returning or presiding officer if he has really acted at such election, nor hy reason of any formal defect in any declaration or other instrument or in any publication under this Act. Nor shall any of the proceedings of the council afterAA’ards he rendered invalid thereby, and no advantage shall he taken of any such defect respecting any such election in any action brought in any court of justice.

Ibid. 8. 38.

Void or lapsed	46. In case no election of the mayor or of any alderman takes
elections.

Ibid. 8. 39. place upon the day provided for such election, or if in case of any such election being held, the same is afterwards declared void, whether through the default of any officer concerned in such election, or hy any accident or other means Avhatsoever, the corporation or council shall not thereby he deemed to he dissolved or to he disabled from taking any necessary steps for the election of a mayor or alderman for the future, hut in any such case the election to any such civic office shall be held as in the case of an extraordinary vacancy, and every act necessary to be done for completing such election shall be as valid as if the election Avere held upon the day or Avitliin the time originally appointed for that purpose.

Extraordinary	47.	Subject to the provisions of this Act, every election upon any
eleclionsconducted as

in ordinary elections.	extraordinary vacancy in any civic office shall he bold and carried out iu
Ibid. 8. 40.	all respects in tfie same Avav as an ordinarv election for the same; ollica!.

“ ̂ 40.

Act No. 85, 1902. 277

Sydney Corporation.

48. Every mayor and alderman shall previously to acting as Oaiu of allegiance

such take the oath of allegiance to His Majesty, and make ^nd

subscribe the following declaration of office and transmit the same to 43 vie. No. 3, 8.41.

the town clerk ;—

I, , having been elected mayor {or alderman) of the city of Sydney, do hereby declare that I will duly and faithfully fulfil the duties of the office according to the best of my judgment and ability.

And the neglect to make such declaration within fourteen days after notice of his election shall be deemed a refusal to accept office.

49. Every citizen holding the office of mayor or alderman who Absence from council is absent from his official duties or the meetings of the council (unless

for illness certified by a duly qualified medical practitioner) for more	' ■	•
than three consecutive months, not having obtained leave of absence from the council, shall thereupon cease to hold his office.

50. (1) An extraordinary vacancy in the office of a mayor What to constitute

or alderman shall be held to occur upon any of such persons ceasing to Tacancy”*̂ '̂ '"*''̂ ̂

hold office before the expiration of the period for which he has been

̂43,

elected or is entitled to hold office.

(2) Whenever, in consequence of absence from illness or otherwise, it is not possible for any alderman, or town clerk, or any other officer or person to perform any duty Avhich by this Act In; is directed to perform the mayor may appoint any otlier alderman or person to perform the same for flic time being.

(3) If in like manner the mayor is prevented from

performing any duty imposed on him by tiiis Act the aldermen shall

by the majority of their votes appoint one of themselves to perform it.

51. (1) The provisions of sections one hundred and nine to one Bribery and

hundred and fourteen inclusive, and of section one hundred and sixteen “

of the Parliamentary Electorates and Elections Act, 1902, shall mutatis	•
mutandis apply to all elections held under tliis Act.
(2) The commission of any of the acts mentioned in the said sections shall render void the election of the person committing such act, either by himself or by an agent, and when committed with his knowledge and consent shall disqualify him from holding or acting in any municipal office during the period of two yc'ars next following such commission.

52. No action or suit shall be maintaiual^le by any publican or wbat actions not

any owner or keeper of any shop, booth, tent, or other place of

entertainment against any candidate or any agent of any such 43 vic. No. 3, s. 46.

candidate for any liquor, food, or refreshment of any kind, whether

for man or beast, supplied upon the credit of any such candidate or

agent as aforesaid during theprogressof any such election under this Act.

278   Act No. 35, 1902.

Sydney Corporation.

Penalty for offering 63. If any pei’son liaving or claiming any right to vote in any voting or abstaininĝ clcction of mayoi' Of alclcrman under this Act asks or takes any money

from voting. Or otliei’ reivai’d by way of gift, loan, or other device, or agrees or 43 Vie. No. 3, s. 47. conti’acts for any money, gift, office, employment, or other reward

whatsoever, to give or to forbear to give his vote in any such election, or if any person hy himself or by any person employed by him, hy any gift or reward, or by any promise, agreement, or security for any gift or reward, corrupts, or procures, or offers to corrupt or procure any person to give or withhold his vote in any such election, such person shall, for every such offence, be liable to a penalty of fifty

pounds. .

Scrond voiinp	64.	Any person who votes or attempts to vote a second time
and personation.

H id. s. 48.

in tlie same ward at the same election for any alderman, or who votes or attempts to vote in or for any ward, in respect of which he is not qualified, or who personates or attempts to personate any other person for the purpose of voting at any such election, shall be guilty of a misdemeanour, and be punished accordingly.

Mayor ex oATu-io a

justice, Ac.

66. The mayor shall, during his mayoralty, be ex officio a justice of the peace for the State, and shall preside at all municipal pro­ ceedings and all magisterial courts within the city, except those of Quarter Sessions, and shall have precedence in the city and in all other places on all occasions next after members of the Legislative Assembly.

Ibid, e. 49.

Pisputed elections

or exercise of otlice.

66. (1) If it appears upon affidavit that any person declared to he elected mayor or an alderman, has been unduly elected, or that any person has been elected to, or holds, or exercises such office of mayor or alderman, and is incapable, under the provisions hereof, of being or continuing such mayor or alderman, the Supreme Court, or any Judge thereof, may grant a rule or order calling upon such person to show cause to the Court why he should not be ousted of tbe said office.

Ibid. 8. 50.

(2) Upon the return of such rule or order, if it appears to the Court that such person so elected, or holding, or exercising such office respectively, was unduly elected, or was, at the time of his election, or while holding or exercising such office, incapable under the provisions hereof of being or continuing such mayor or alderman, as the case may h(', the Court may make such rule or order absolute, or may discharge such rule or order, and in either case with or without the payment of costs to or hy either party, as the Court deems meet.

(3) The person against whom any rule is made absolute as

aforesaid shall he deemed thereby to be ousted of such office accordingly.

(4) No such rule or order shall in any case he granted if,

at the time of the application for such rule or order, more than one

month has elapsed after the election, or after the time of the disquali­

fication of the person against whom such application is made.

Act No. 35, 1902. 279

Sydney Corporation.

57.                All acts and proceedings of the council, or of any person Proceedings of

holding the office of mayor or alderman, and acting as such shall, *̂ ”dcfoct, in

notwitlistanding it is afterwards discovered that tliere was some uppointment.

defect in the election of any such person, or that he was disqualified, 43 v ic. No. 3, s. 220

or had not duly made such declaration as aforesaid, he as valid and

effectual as if such person had been duly elected or qualified, or had

duly made such declaration.

PART VI.

Appointment o f officers.

58. (1) The council may nominate any person or persons for inspector of nuisanct's.

the position of inspector of nuisances or sanitary inspector of the city,

No. 30, 1000, a. 2;).

and the (Governor may appoint any person so nominated at such

salary as he flunks fit.

(2) On such appointment being so made one half of such

salary shall be payable out of the Consolidated Revenue Pund and

one half out of the city fund.

59. (1) The council shall appoint a town clerk, a city treasurer. Appointment of

a health officer (being a duly qualified medical practitioner), a city ■ i •. 1 i . 1 re ^ 1 L ̂ 43 Vie. No. 3, s. 51.

engineer, and a city surveyor, and sucli other officers and servants as may he necessary, and shall, cither at the time of their appointment or from time to time, hy special resolution of the council in that behalf, or hy any by-laws, assign to them respectively such duties, salaries, wages, or other remuneration as the council may deem right.

(2) Every snch officer or servant who, hy virtue of his office or employment, may receive or have in his hands or under his control any moneys the property of the corporation or council shall give security sufficient in the opinion of the council for the duly accounting for any such moneys, and until he shall have given such security shall not enter upon the discharge of his duties nor be entitled to receive any salary.

60. The town clerk shall have the charge and custody, in the custody of se.a and

Town Hall or such other place in Sydney as the council shall direct, of the common seal and of all charters, grants, deeds, muniments, and records of the corporation or council or relating to the property thereof as well as all rolls, ballot-papers, ballot-boxes, and all hooks, letters, and documents not relating to accounts.

61. (1) The mayor may suspend any officer or servant of the Suspensum of

council guilty in his opinion of misconduct or neglect, and may appoint

-'(“d «'rvants.

a substitute, taking from him if deemed necessary security for the

faithful discharge of his duties :

Provided

280   Act No. 35, 1902.

Sydney Corporation.

Provided that the mayor shall report the matter to the council at their next meeting, and that such substitute shall hold office and receive remuneration not exceeding that of the person suspended and only until the council decide whether such person shall be reinstated or dismissed.

(2) If the council confirm such suspension or dismiss the

officer or servant he shall not he entitled to any salary or wages after

the day of suspension.

Collectors, &c., to	62. (1) Every collector or other officer appointed or employed by the council to collect money shall, within three days after he has received any moneys belonging to the corporation, pay over the same to the city treasurer, whose receipt shall be a sufficient discharge for the same.
43 Tic. No. 3, s. 54.
(2) Every such collector or officer shall, within such time and in such manner as the council may hy any by-law or otherwise direct, deliver to the council true and perfect accounts and statements in writing under his hand of all moneys received by him.
Penalty on
defaulters, &c.	63. If any such collector or other officer fail to render such accounts or statements as aforesaid, or to produce and deliver up all the vouchers and receipts relating to the same in his possession or power, or to pay any moneys of the corporation that may be in his hands when thereunto required, or if for three days after being thereunto required he fails to deliver up to the council or to any person appointed by the council to receive the same, all hooks, papers and writings, property, effects, matters, and things in his possession or power relating to the execution of his office or belonging to the corporation or council, then on complaint thereof being made to any justice he shall summon such officer to appear before him or any other justice, at a time and place to be set forth in such summons, to answer such charge, and upon the appearance of such officer, or upon proof that such summons was personally served upon him or left at his last known place of abode, such justice may hear and determine the matter in a summa'ry way, and may adjust and declare the balance owing hy sucli officer ; and if it appear, either upon confession of sucli officer or upon inspection of the accounts or other evidence, that any moneys of the corporation arc in the hands of such officer, or owing hy him to the corporation, such justice may order such officer to pay the same, and if he fail to pay the amount such orders, warrants, and proceedings may he made, issued, and taken as are authorised under any statute in force for the time being under which justices have summary jurisdiction for enforcing the payment or punishing the party offending for non-payment of money ordered to be paid and not paid. And any officer employed hy the council who shall wilfully destroy any documents of or belonging to the council shall he deemed guilty of a misdemeanour.
Ibid. B. 56.

pay oyer moneys.

Act No. 35, 1902. 281

Sydneij Corporation.

64. I f any person duly authorised by the council to act on Remedy i\gainst

behalf of the corporation makes oath before any iustice that he truly >i'«eonder8.

believes, upon grounds to bo stated in his deposition, that it is the

‘

intention of any such officer as aforesaid to abscond, such justice may, instead of a summons, issue his warrant for bringing such officer before such or any other justice, but no person executing such warrant shall keep such officer in custody longer than twenty-four hours without bringing him before some justice, who may either discharge such officer if he think there is no sufficient ground for his detention, or order him to be detained in custody so as to be brought before him or some other justice again at a time and place to be named in sueh order, unless such officer give bail to the satisfa(;tion of such justice for his appearance at the time and place appointed to answer the complaint of the corporation.

65. No such proceedings or other dealing with any such officer Not to aiTect other

as aforesaid shall prejudice or affect any remedy which the corporation

may otherwise have by any existing law against such officer or his ' *

surety.

PART V II.

Council meetings,

66. Quarterly meetings of the council shall be held at noon Quarterly meetings

on the ninth day of March, June, September, and December in every	Ibid,, 8. 58.
year.

67. Notice of the time and place of every intended meeting of Notice of meeting,

the council sliall be signed by the town clerk, and shall be left at or	59.
sent by post to the usual or last known place of abode or business of every member of the council in time for reaching him twenty-four hours at least before tbe intended meeting, and such notice shall state the business to be transacted at the meeting, and no other shall be entertained.

68. (1) The mayor may call meetings of the council when he Special meetings,

thinks fit, and for such purpose shall direct the proper notices to be	s. go.
sent by the town clerk.
(2) The mayor shall, on receiving a requisition in writing in that behalf, signed by at least five aldermen, stating the objects for which they require a special meeting, call the same, and if the mayor refuses or delays for seven days to call such meeting, the aldermen making such requisition may call such meeting, and may by writing under their bands direct the town clerk to send the requisite notices for the same.

69,

282   Act No. 35, 1902.

Sydney Corporation.

Quorum.	69. The quorum of members of council for transacting business shall he nine, and if that number be not assembled within fifteen minutes after the hour fixed the meeting shall lapse, but if the mayor be present he shall have the power of adjourning such meeting till any other day named by him.
43 Vic. No. 3, s. 61.
Chairman.	70. The mayor, if pre.sent, shall preside at all meetings of the council, or of any committee of which he is a member, and in his absence the aldermen present shall elect one of their number to be chairman for the occasion, and in case of an equality of votes for the election of a chairman, the chairman shall be chosen by lot.
H id. 8. 62.

Decision of questions. 71. All questions of whatever kind at any meeting shall be

H id. B. 63.

decided by a majority of the votes of members present; but in case of

an equality of votes, the chairman shall have a casting vote.

Committees.

72. (1) The council may appoint from their own body any committee of any number not less than eight for any purpose which would, in the opinion of the council, be better effected by such com­ mittee, with such powers as the council shall appoint, and may fix the quorum of such committee, in default of which five shall be a quorum.

H id. s. 64.

(2) So far as may be consistent with any provision of this Act, and any by-law in that behalf for the time being in force, every such committee may meet and adjourn at pleasure.

(3) The acts of every such committee shall be submitted to

the council for approval, and if not confirmed shall have no validity.

Minutes.	73. Minutes of every meeting of the council shall be fairly transcribed into a book to be kept f or that purpose, and shall be read at tlie next succeeding council meeting, and if approved as correct sball be signed by the chairman of that meeting as being read and confirmed.
H id. 8. 65.

PART V III.

The regulation of imhlic ways.

Public ways vested	74.	(1) All public ways in the city of Sydney now or liercafter
in council.

H id. ss. 67, 72. formed shall be vested in, and under the control, management, and direction of the council, who shall have full power to alter, Aviden, level, divert, extend, construct, improve, maintain, repair, and order such public ways and the footpaths thereof, and to carry off any water, mud, or filth therefrom by means of sewers, channels, or drains, or otherwise, subject to the provisions of this Act, and anyby-law.s made by the council in that behalf.

(2)

Act No. 36, 1902. 283

Sydney Corporation.

(2) No public Avay shall be opened, altered, widened, diverted, or extended, or tbe width of tbe footpath thereof fixed or altered until the approval thereto of the Governor has been obtained and notice of such approval has been published in the Gazette.

75. (1) For the purpose of opening, altering, widening, diverting, rower to jmrciiase,

extending, or closing any itiiblic way or a portion of a public way in for’streerpurposcŝ

the city, the councii may— Vi,. ,,, g.

(«) purchase any land ;

(/>) exchange any portion of a public way vested in the council for

land required by the council for any of the aforesaid purposes ;

(c) sell any land forming part of a way which is not required for any such purpost';

and every portion of land acquired under this section shall be vested in tbe council as a public way under and subject to the provisions of this xVet.

(2) No purchase, sale, or exchange of land under this section shall be valid until the same has been sanctioned by the Governor, and notified in tbe Gazette.

76. (1) No street, lane, or alley shall be formed within the city unless such street be of the width of sixty-six feet at least, and such	Width and formation
of streets.
43 Yio. No. 3, s,
lane or alley of the width of twenty feet at least in every part thereof respectively, the width of such streets, lanes, and alleys respectively to be ascertained by measuring at right angles to the course thereof from the building line on each side of such street, lane, or alley.
(2) Every such lane or alley shall have one or more entrances thereto of the same width as the lane, and one of such entrances at the least .shall be uncovered.
(3) Every such street, lane, or alley shall be formed in all respects, according to any regulations in that behalf in any by-laws duly made under the authority of this Act,

77. (1) Every person who hereafter proposes to lay out upon Public ways on

his own premises within the city a public way shall before so doing

deposit with the town clerk plans and sections signed by the owner, ni,i s. 70.

showing the direction, width, and levels of any such proposed public

way ; and no person shall lay out or form the same until he shall have

received a notice from the town clerk signifying the approval thereof

of the council, which shall be held to be a dedication of the same to

the public.

(2) Every such person shall cause any such intended public way to be formed and ballasted to tbe approved level in accordance Avith any special notice in that behalf from the town clerk, and in the absence of any such notice, according to any by-law duly made in that behalf, before the council shall be required to take over the management, control, and direction of such public way.

284   Act No. 35, 1902.

Sydney Corporation.

Or by council in bis	78. (1) If any person intending to lay out or form any such of any notice from the town clerk, requiring him so to form such public way as required hy any such notice, or any by-law duly made in that behalf, the council may cause such public way to be properly formed, and shall keep an exact account of the expense thereof in a hook open to the inspection of any citizen free of charge.
default.	public way fail to do so for three months after the sending or service
43 Vic. No. 3, s. 71.

Cost recoverable (2) Within one month after such public way has been

from owner.	formed and completed by them, the council shall cause an account of the cost thereof to he served upon the owner wlio caused the same to be so laid out, or his agent.
(3) If within fourteen days after such account has been so served the amount is not paid to the city treasurer, the councii shall have the like remedies for recovering the same as in the case of any city rate.
Dedication of
public ways.	79. (1) Every such public way shall, when formed and com­ (2) Every such public way formed, either at the public expense or otherwise, prior to the fourth day of July, one thousand eight hundred and seventy-nine, and all public ways formed or to be formed thereafter shall be held to have been and to be from the time of the formation and completion of the same for ever dedicated to the public use.
H id. 8. 72.	pleted, be held to be for ever dedicated to the public use.
Resumption of
portion of public way	80. The Governor may by notice in the Gazette permit any public use to resume the possession for any purpose of so much of the said way as is more than twelve feet from the curb-stone or exterior edge of the footway fixed according to the pi’ovisions of this or any other Act in that behalf, subject to such terms, conditions, and provisions as are prescribed in such notice.
in certain cases.	owner of any land formed into a public way and so dedicated to the
Ibid.
feet wide may be
Lanes under twenty	81. Notwithstanding anything to the contrary contained in this accept, and take over any lane in the city formed and made prior to the fourth day of July, one thousand eight hundred and seventy-nine, which is under the width of twenty feet, and when dedicated to the public use and so taken over such lane shall be deemed to be a public way within the meaning of this Act.
taken over.	Act, the council may, with the approval of the Governor, approve,
5G Vic. No. 20, s, 1,
Paving of footways,
&c.	82. The council may pave, amend, and repair all such footways, gateways, crossings, and other entrances from the street to any premises in the city as now or hereafter may require to be paved, amended, or repaired with such materials as they may deem expedient.
55 Vic. No. 22, s. 1.
The construction of

Boundary-street. 83. (1) The council shall, before the first day of December,

No. 58, 1900, ss. 3,	one thousand nine hundred and two, construct and open upon the
4, 5, 7.	land described in the Nineteenth Schedule a public way, to be known
Eighteenth and
Nineteenth	as Boundary.street, at least sixty-six feet wide, and giving frontage to

Schedules. the

Act No. 35, 1902. 285

Sydney Corporation.

tlic land described in the Eighteenth Schedule; and if default is made hy the said council in constructing and opening the said street, the Governor may cause the said street to he constructed and opened of the ividth of sixty-six feet at the expense of the said council.

(2) The said street, when constructed and opened, sliall he a puhlic way within the nu'aning of this Act, and a street within the meaning of the Metropolitan AVater and Sewerage Act of 1880.

(3) The council may sell, grant, alienate, and convey, or Power of eouneii to

inav demise for anv term not oxceedina; twentv-one years anv portion'"‘‘V

or the land described in the JNineteenth bcheduie, not being land on

which Boundary-street is hy this section directed to bo constructed, or

on Avhicli such street is then constructed.

(4) Eor the purpose of maintaining, altering, repairing, and Power lo construct

constructing any works of the Crown or of the Metropolitan Board of

IVater Supply and Sewerage on or under the land on Avhich Boundary- were u Btrcct.

street is to he constructed, the Crown and the constructing authority

for such Avorks and the said hoard shall, until the ahovenamed street is

opened, liaA'e the same poAvers, and in the exercise of such poAvers shall

he subject to the same liabilities, as if the said land were a street.

(5) Nothing in this section shall authorise the resumption Savings,

of any j)art of the land d(!scrihed in the Nineteenth Schedule, by or

on behalf of the CroAAm or the said hoard, Avithout paying compensation

for the same to the said council.

84.                (1) If any building, or Avail, or anything affixed thereon Dangerous buildings

AA-ithin the city be deemed hy the city surveyor (Avho may for that

purpose enter upon the premises and examine the same) to be in a expense,

ruinous or dangerous state, he shall immediately cause a proper hoard 43 Vie. No. 3, s. 78.

or fence to he put up for the protection of passengers, and shall cause

notice in Avriting, signed hy him, to he serv(>d upon the owner of snch

building or Avail, if he be knoAvn and resident within the city hy leaving

the same at his usual place of abode or business, and shall also cause

such notice to he put on the door or other conspicuous part of the

premises, or otherwise to he served upon the tenant thereof (if any) hy

leaving the same on the premises, requiring such OAvner or tenant to

take down, secure, or repair such building, wall, or other thing as the

case may he, Avithin a reasonable time to he named in such notice.

(2) If such OAvner or tenant does not commence Avithin

seven days after service thereof, and complete the work therein required

to he done Avithin thirty days to the satisfaction of the said surveyor,

the said surveyor shall, if so directed hy the council, cause all, or so much of such reqAiired Avorks as he may deem necessary, to he done, and all the expense's thereof shall he paid hy the OAvner or tenant.

(3) If, after a written demand of such expenses hy the Bj vouncii.

toAvn clerk, such OAvner or te'nant neglects or refuses for one month to

pay the same, the council shall have authority to enforce payment

thi;reof as in the case of the city rate. (4)

28G Act No. 35. 1902.

Sydney Corporation.

(4) If the tenant is compelled to pay such expenses he

may recover the amount against the owner in an action for money

paid to his use.

And the materials

may be sold for	85. (1) If any such building or wall, or any jiart thereof, be building surveyor may, under the direction of the council, sell the materials thereof, or so much of the same as is pulled down, and apply the proceeds of such sale in or towards payment of the expenses incurred in respect of such house or building, and shall pay any surplus arising from such sale to the owner of such building or wall on demand.
expenses.	pulled down by virtue of the powers aforesaid, the city surveyor or
43 Vic. No. 3, 8. 79.
(2) The council shall have the same remedies for compelling payment of so much of the said expenses as may remain due after application of such proceeds as for compelling payment of the whole amount.
Rubbish, &c., not to
be laid in public	86. ( 1) If any person not being authorised by the council any excavation in any part of a public way without the written authority of the city surveyor, such person shall be liable to a penalty not exceeding five pounds for every day during the continuance of the same until he has obtained such authority.
way.	deposits any building materials, rubbish, or other thing on, or makes
Ibid» s. 80.

(2) Such penalties may be recovered either under a separate

information for each day, or under one information for the sum of the

several penalties so incurred.

Dangerous places to	87. (1) If any building, excavation, or place near any public sufficient repairs, protection, enclosure, or otherwise, and if the tenant of the premises on which such building, excavation, or place is situate, if the same is occupied, and if not occupied, then if the owner thereof does not, within seven days after service of a notice from the city surveyor requiring him to do so, repair or protect tlie same as required in such notice, and to the satisfaction of the city suiweyor, then such surveyor shall cause the same to be repaired or protected in such way as he deems sufficient and proper.
enclosed.	way is dangerous to the passengers along such way for want of
Ibid. 8. 81.
(2) The expenses of such repair, protection, or enclosure shall be repaid to the council by the tenant or owner, as the case may be, of the premises so repaired, protected, or enclosed, and if not so repaid may be recovered in tbe same way as any city rate.
Penalty for omissicn
to remove	88. (1) When any building materials, rubbish, or other things the person laying or making the same, whether by order of the council or not, shall cause a sufficient light to be fixed upon or near the same, and shall continue such light every night from sunset to sunrise while such materials or excavation remain, and shall cause such materials or other things, and such excavation, to be sufficiently fenced and enclosed in such manner as the city surveyor mav direct in writing.
obstructions, &c.	are laid on, or any excavation made in any public way within the city,
Ibid. 8. 82,

bo repaired or

‘ (2)

Act No. 35, 1902. 287

Sydney Corporation.

(2) Every person offending against this enactment shall bo liable to a penalty not exceeding five pounds, and a further penalty not exceeding ten shillings for every day while such default is continued, besides being liable in any civil action for any injury sustained by any one by reason of such default or negligence.

89. Tlic person wlio, under the last preceding section, shall be Who so liable,

liable to any penalty or to any damages in any civil action at the suit	3, b-
of any person shall be the person who, by himself or bis servants, has placed any such building materials, rubbish, or other things, or has made such excavation, and not the employer who by contract or other­ wise has employed him to do any work for the purposes of which any such building materials, rubbish, or other tilings, or any such excavation have been placed or made.

90. (1) Every person intending to build or take down or alter Hoards mid fences,

or repair the outward part of any building in any public way of the	84-
citv whereby any street or footwav may lie obstructed or rendered inconvenient to passengers shall before beginning the same obtain a boarding license from the city surveyor, who may if be shall see fit grant the same for a fee of two shillings and sixpence.
(2) Such person shall thereupon cause a sufficient board or fence to be put up in order to separate the building where such works are being carried on from the public way with a well protected footway for passengers outside of such hoard or fence, and shall continue the same in good condition to the satisfaction of the city surveyor so long as the public safety or convenience requires, and shall to prevent accidents cause the same to be sufficiently lighted during the night, and shall remove the same when directed in Avriting by the city surveyor within a reasonable time.
(3) Every person guilty of any default herein shall he liahh; to a penalty not exceeding ten shillings for every day such default is continued besides being liable to damages in any civil action at the suit of any person on account of any such negligence.
(4) The liability imposed by this section shall be held to he incurred by the person actually doing by himself or his servants or workmen any such work as herein mentioned and not by the person employing him by contract or otherwise to do the work.

91. (1) No person shall commence to erect, rebuild, extend. No emtion, &c.,

add to, or in any Avay alter any building in any public way until he

has served a notice on the city surveyor stating his intention so to do

̂ 3̂.

and at the same time describing the situation of the intended building

with full and exact particulars of the intended work; and

(a)	has received the sanction of the said surveyor to such erection, rebuilding, extension, addition, or alteration ; or
(fi)	seven days have expired without such person having received any notice from the said surveyor that he does not sanction
such work, (2 )

288   Act No. 3S, 1902.

Sydney Corporation.

(2) Every building erected, rebuilt, extended, added to,

or altered against the provisions of this section shall be deemed an encroachment, and shall he suhjec e provisions hereinafter contained relating to encroachments.

No curbing on	92. No curbing shall be laid down upon land in the city not
prifato land without

coDBent.

hitherto forming part of some public way or belonging to the Crown

43 Vic. No. 3, 8. 86.

or the corporation without consent of the owner of such land unless

so laid down under the authority of the Police Offences Act, 1901.

Hoards not to be	93.	(1) No person shall erect, place, set up, or build in any street
erected without

surveyor’s license.

or public place within the city, any hoard or scaffolding, or place or

4W m .lV N o.7 , s.35.

erect, by Avay of enclosure, any posts, bars, rails, boards, or other things for the purpose of making mortar, or of depositing, sifting, screening, or slacking any brick, stone, lime, sand, or any other materials for building or repairing any house or other tenement or erection, or for other Avorks, or for any other purpose, Avithout a license first had and obtained under the hand of the city surveyor.

Fee. (2) The city surveyor shall for every such license receive

What is to be	from the person applying therefor the sum of tAvo shillings and sixpence,
specified in license.	and shall in such license specify the length of time for which the same, when so erected and set up, may be continued, and give such other directions respecting the same as he may think necessary.

Erecting without (3) If any person places, sets up, erects, or builds, or causes

license.

or permits to be erected, placed, set up, or built any such hoai’d, scaffolding, posts, bars, rails, boards, or other thing for the purposes aforesaid, or for any other purpose without such license, or erects, sets up, or builds, or causes or permits the same to be erected, set up, or built, in any other manner, or to be continued for any longer time than is allowed or expressed in such license, such person or the

Penalty.

person by Avhom he is employed shall forfeit and pay the sum of ten shillings for every day that the same has been and is set up and continued.

Surveyor may cause (4) The city surveyor may also cause the same to be pulled

hoard to be removed. doAvn and removed, and the same and all the materials thereof to be kept and detained until such person pays to the city surveyor, or to the person in Avhose custody the same are, all the penalties incurred by such person, together Avith the charges of pulling doA vn, removing, and keeping the same, to be ascertained and determined by the city surveyor.

Proceedings (5) If the same are not claimed and the said penalties and

thereupon. charges aforesaid are not paid within the space of five days next after the pulling down and removing thereof the city surveyor may order or cause the same to be appraised and sold, and the money arising therefrom, alter deducting the said penalties and charges, shall be paid tQ such person on demand.

Act No. 35. 1902. 289

Sydney Corporation.

94. (1) Every tenant of any building or premises if the same Open spaces and

be occupied, and if not occupied tlien the owner of such huildiner or . ̂ ̂ . T ,1 ^ the waj R to be

premises having any steps, entrance, area, garden, or other open space enclosed under adjoining any public way or footway thereof, beneath the level of the g ^ eurh-stoue or exterior edge of such public way or footway, shall

'

sufficiently protect and guard the same by rails, fences, or other

enclosures so as to prevent danger to street passengers.

(2) For every day during which the same are not so

sufficiently protected and guarded, after written requisition to that effect has been made by the city surveyor, the owner or tenant of such building or premises as the case may he shall he liable to a penalty not exceeding two pounds.

95. (1) Before the footpath in any new public way in tlie city Buiidmc line to be

is laid down the city surveyor shall submit to the council a plan of

the same, setting forth the proposed breadth of the carriage-way and	, gg
footpath.
(2) The council may thereupon, by notice in the Gazette and one or more newspapers, tix and declare the distance from the curb-stone or exterior edge of the footpath in any such public Avay Avithin which it shall not he larvful to erect any building so that such distance shall not in any case exceed twelve feet, unless with the consent in Avriting of the OAvner of the premises, and a line draAvn at such distance shall for all purposes he the building line of such way.
(3) Before such notice in the Gazette is published, the council shall by a preliminary notice in the Gazette, and also in one ncAvspapcr at the least, call upon all persons interested in such public AA'ay to set forth in writing, addressed and transmitted to the toAvn clerk Avithin one month from the first publication of such last- mentioned notice, any objection to the adoption of such plan, and also any claim for compensation for any loss or damage which they may sustain by the adoption thereof.

(4<) If such claim he av(;11 founded, the amount thereof

shall he paid by the council after being first settled by arbitration as hereinafter enacted if both parties agree to submit such claim to arbitration.

96. (1) Whenever any question arises in any proceeding at How questions ns to laAV or in equity touching any actual huilding line in Sydney it shall d'"*rmined ̂ **** he held conclusively that every curh-stone as laid down before tlic

fourth day of July, one thousand eight hundred and seventy-nine, and

then subsisting, aa 'us laAvfully laid doAvn.

(2) EA'cry notice given in the Gazette under the last preceding section of this Act, or under section eighty-eight of tlie Sydney Corjtoration Act of 1879, may he proved as conclusive and binding on all parties by ]>roductiou of the Gazette,

' T (3)

290   Act No. 35, 1902.

Sydney Corporation.

(3) All plans of public ways in the city framed under any Act heretofore in force, or under the last preceding section of this Act, shall also he, conclusive evidence of their contents on production thereof hy any clerk or officer in the Department of Lands or of the city surveyor, as the case may be.

Every cncroaciiment 07, Whenever it is represented hy the city surveyor, or hy any city'survcyor̂ tô the'̂ citizcn, to tlic town clerk for the information of the council, that any council." huilding whatever is or has been erected within the distance of twelve

43 Vic. No. 3, s. 90. feet from the curb-stone or exterior edge of any footpath in any public way in the city, the council shall forthwith direct the city surveyor or huilding surveyor to enter upon the premises where such huilding is •erected, or otherwise ascertain hy admeasurement whether the building complained of is within such distance aforesaid, and thereupon such surveyor shall forthwith report to the council the exact amount of encroachments hy means of such huilding upon the said footpath or roadway.

Councii thereupon 98. Upon rcccipt of sucli sui’veyor’s report, the council shall,

to re?il*oTe	witliout unncccssary delay, take the same into consideration, and upon
encroachment.	being Satisfied that such building so complained of as an encroachment
Ibid. 8. 91.	upon any such footpath is within the said distance, the council shall forthwith cause a notice to be served personally upon the owner or tenant of the premises Avhereon the said huilding is cither wholly or partially erected, requiring the owner of the said premises, within a time to be stated in such notice, to take down or otherwise remove every portion of such huilding as is erected within the distance aforesaid.

T^iant receiving99. If such notice is served personally upon the tenant of such

to owner'^of toiiidto prciuiscs hc sliall forthwith deliver the same personally to the owner

under a penalty.

/ hid. 8. U2. thereof, or his agent, under a penalty of twenty pounds.

Arbitrators to fix tlio	100. After the delivery of such notice to such owner or his agent
loss, &e., to be

incurred by the	as aforesaid the oivner or agent (as the case may be) may thereupon
owner.	require the council, hy notice in writing to he served upon the toum
Ibid. s. 93.	clerk, to forthwith enter into an agreement for arbitration to refer the question as to the loss, damage, actual or prospective, or expense which may presumably he incurred hy the owner hy reason of his compliance Avith the terms of the said notice, and also to decide upon all differences Avhich may arise between the council and himself on account of such compliance hy him as aforesaid, which agreement shall provide that each party shall appoint an arbitrator Avith power for such arbitrators to appoint an umpire.
Owner may sue the

council for the 101. (1) Whenever any such award is duly made and is not

amount awarded	lawfully set aside, the owner in whose favour such award may be made
to him.	shall be entitled, after the expiration of the time therein limited in
Ibid. 8. 94.	that behalf and the performance of the conditions stipulated hy the terms of the said aAvard, to demand and recover hy an action brought upon the said aAvard against the said council whatever sum has been
awarded to he paid to such OAvner. (2)

L...

Act No. 35, 11)02. 291

Sydney Corporation.

(2) The council shall not hc compelled to pay more than

one moiety of the said sum until the cncroaciiment complained of has

been removed.

102. If the owner of any such huilding neglects or refuses to if owner refuses to

enter into such arbitration agreement for one month after the receipt fof'

hy him of the notice before mentioned, and a written demand he made arbitration council

hy the council to execute such agreement, and served upon him or his

agent, the council may appoint a sole arbitrator, who shall have all the 4 ̂vic. No. .i, s. 95.

authority vested in a sole arbitrator under the Arbitration Act, 1902.

103. (1) If the owner of any such building neglects or refuses, Upon neglect of

after receiving the notice before mentioned, to comply with the terms suVv"or,*’&cl'̂ niay

thereof for four months after the delivery of the same to such owner ’•emove sudi

or his agent, the council may direct the city surveyor or building

surveyor to take dowm and remove the said building or so much thereof

as causes the encroachment complained of, and the city surveyor or

building surveyor wnth his w'orkmen or any contractor employed by

either of them for the purpose is hereby authorised thereupon to enter

upon the premises and take down and remove the said building or the

encroaching portion thereof.

(2) The council may defray all the expenses incurred or

occasioned thereby and deduct the amount thereof from any sum which may be awarded to the owner of the said building as aforesaid, and pay the balance (if any) to the said owner.

104. If the owner, landlord, or tenant of any such building or Owner, .Vn,

any other person wdlfully obstructs the city surveyor or building surteyo*i!''L"*Uabie

surveyor, or any workman acting under the authority of either of them to a penally. ’

in the execution of the work liereinbefore authorised to be done by

them respectively, he shall be liable for every such offence to a penalty

not exceeding twenty pounds.

106. Por the purpose of doing any work upon or under any sia.vor may stop

public way, or wdiencvcr any public necessity may arise, the mayor

may prevent any traffic tbrough or along the same, or may take any	'
measures for the protection of the public from accidents.

106. Every person who blasts, or causes to be blasted, any stone iVnaUv forbiastinf; or rock wdtliin the city without having a wvitten license under the

''“ ''Ho­

lland of the city surveyor shall, for every such offence, lie liable to a

penalty not exceeding ten pounds nor less than one pound.

107. (1) Every person intending to erect or rebuild any Notion as to levd uf

building within the citv shall, fourteen davs at the least before

beginning to dig or lay out tbe foundation, cause a wnitten notice to	'	‘
be entered by himself, his architect, surveyor, or attorney, in a register to be kept at the office of the city surveyor for that purpose, of his intention so to build or rebuild, together Avith the intended level of the cellar or lowest floor, and the situation and construction of the

intended

322   Act No. 35, 1902.

Sydney Corporation.

any matter is required iiy this Act to be made the subject of a reference to arbitrators or is directed to be settled by arbitration, such agreement and such arbitration shall be held to be under and shall proceed in every respect according to the provisions of the Arbitration Act, 1902.

(2) Where such parties are unable to agree to any submission to arbitration, or are unable to agree to any sum to be paid by way of compensation, then the amount to be paid as compensation shall be determined in the Supreme Court by an action to recover such compensation to be brought liy the claimant against the council, or upon an issue agreed upon by the claimant and council respectively, with power to the council to plead in bar of the action any tender which they may have made to such claimant on paying into Court the amount so tendered, or to pay into Court such sum of money as the council thinks fit, and to plead such payment in bar.

(3) The party succeeding in such action or upon such issue as aforesaid shall he entitled to costs to be awarded and recovered according to the practice of the Court.

Service o£ notice.216. (1) Where any notice is required to he gh'en or served 43 vi«. No. 3,88.237, under this Act the same unless otherwise provided herein may be 24i3» 1 •

served either—

{a) personally; or -

(6) by delivering or leaving the same at or on the premises at which the person to whom the notice is addressed lives or carries on his business ; or

(c) by being posted at any post office addressed to the last known place of abode or business of such person; or

{d) hy being posted on any conspicuous part of the premises in respect of which or of anything in connection therewith such notice is addressed to any such person.

(2) In all proceedings in which the council is a party, service on the town clerk of any legal process shall be taken to he good service on the council.

(3) Any notice, summons, order, or other legal document may he served personally upon any owner or tenant of premises, or may be delivered to any person, being apparently above the age of fourteen years, resident on the premises.

Provision in ca8c of 217. Whenever any matter or thing shall hy this jA ct he

iiohdays.

directed to be performed on a certain day, and that day happens to he

Ibid. 8.2 w.

Sunday or a public holiday, the said matter or thing shall he performed

on the ne.Kt succeeding day.

SCHEDULES.

Act No. 35, 1902. 323

Sydney Corporation.

SCHEDULES.

P I E S T S C H E D U L E .

Number of Act. Name of Act. Extent of repeal.

4 W il l . I V N o . 7 P o l ice ( S y d n e y ) A c t ... . .. . . . S e c t io n 35.

19 Vic . N o . ‘23 ... A n A c t to a m e n d c e r t a i n A c t s re la t inc ; to t h e T h e w h o le u n r e p e a le d

p o w e rs a n d d u t i e s o f t h e C o m m iss io n e rs p o r t io n .

f o r t h e c i ty o f S y d n ey .

41 Vic. N o . 11 . .. A n A c t to a u th o r i s e t h e C o r p o r a t io n T h e whole .

S y d n e y to r e -b o r r o w c e r t a i n monoy.s.

43 V ic . N o . 3 S y d n e y C o r p o r a t io n A c t o f 1879 ... The whole iinrepealotl portion.

43 Vic . N o . 27 S y d n e y C o r p o r a t io n A c t A m e n d in g A c t T h e w hole . ,

4 4 V ic . N o . 10 Municipal Cattle Sale Yards Site Acquisition Act S e c t io n 3.

4 5 V ic . N o . 18 A d d i t io n a l L o a n f o r e r e c t io n o f Sa le Awards' S e c t io n 5.

45 Vic . N o . 20 S y d n e y C o r p o r a t io n A c t A m e n d in g A c t ... T h e whole.

4 0 V ic . 48 Vic . N o . 5 N o . 20 S y d n e y C o r p o r a t io n A c t A m e n d in g A c t ...! T h e whole .

S y d n e y C o r p o r a t io n A c t A m e n d in g A c t . .. | T h e whole .

55 Vic. N o . 22 S y d n e y P a v in g A c t . . . . . . . . . ...j T h e whole .

50 Vic . N o . 20 C i ty o f S y d n e y L a n e s A c t . . . . . . . .. T h e whole.

N o . 30, o f 1900 S y d n e y C o r p o r a t io n ( A m e n d in g ) A c t , 1900; T h e w hole .

N o . 41 , 1900 Sydney Corporation (Further Amciidlug) Act, 1900| T h e w ho le .

N o . 58, 1900 B o u n d a r y - s t r e e t A c t , 1 9 0 U ...................................j t

S E C O N D S C H E D U L E . Section 7.

B o u n d a r ie s o f th e c ity .

C o m m e n c in g in t h e c e n t r e o f P a r r a m a t t a - s t r e e t , a t i ts j u n c t io n w i th B a y - s t r e e t ;

t h e n c e o n t h e w e s t by a s t r a ig h t l in e a lo n g t h e c e n t r e o f B a y - s t r e e t a n d i ts p ro lo n g a t io n

to t h e e a s t e r n s h o re o f B la c k w a t t l e C o v e ; t h e n c e a g a in o n t h e w e s t a n d o n t h e n o r th - w e s t ,

n o r t h - n o r t h e as t , a n d e a s t b y th e w a te r s o f P o r t . la ck so n to t h e c e n t r e o f t h e b r id g e a t

t h e f o o t B.ay to a c u lv e r t o f A V ill iam -strce t e a s t ; t h e n c e on t h e e a s t by t h e s t r e a m e n te r in g E u s h e u t t e r ’s

on t h e S o u th H e a d O ld E o a d a t t h e n o r t h - w e s t c o r n e r o f S y d n e y

C o m m o n ; t h e n c e a g a in o n t h e c a s t by t h e c e n t r e o f D o w l in g - s t r e e t to a p o in t w h e re i t

i n te r s e c t s t h e s o u t h e r n b o u n d a r y o f t h e b o ro u g h o f P a d d in g to n ; t h e n c e o n t h e n o r t h by

t h a t b o u n d a r y to i ts in te r s e c t io n w ith t h e c e n t r e o f E e g o n t - s t r e e t ; t h e n c e by t h e c e n t r e

o f L e i n s t e r - s t r e e t t o t h e c e n t r e o f ( T o r d o n - s t r e e t ; t h e n c e by th e c e n t r e o f t h a t s t r e e t to

t h e n o r t h s id e o f P a r k - r o a d ; t h e n c e by t h e n o r t h s ide o f t h a t ro a d to t h e s o u th - e a s te r n

a n g le o f St . M a t t h i a s ’s C h u r c h l a n d ; t h e n c e by t h e so u th - e a s te r n a n d e a s t e r n b o u n d a r ie s

o f t h a t l a n d to t h e s o u t h e r n a l i g n m e n t o f t h e S o u th H e a d O ld E o a d ; t h e n c e b y th e

s o u t h e r n a l i g n m e n t o f t h a t ro.ad e a s te r ly t o i t s in te r .sec t iun w i th t h e l ine laid d o w n

m a r k e d o u t by s to n e p o s t s a n d d e em ed to be t h e d iv id in g l in e b e tw e e n t h e S y d n e y

C o m m o n a n d t h e W a t e r E e s e r v e ; t h e n c e a g a i n on th e e a s t b y t h e s.aid d iv id in g - l in e to

i t s i n te r s e c t i o n w i th t h e s o u th e r n b o u n d a r y o f t h e S y d n e y C o m m o n ; t h e n c e by t h a t

b o u n d a r y to t h e sou th -w 'es t a n g le o f t h e sa id C o m m o n ; t h e n c e in a n o r t h e r l y d i r e c t io n

by t h e w e s t e r n b o u n d a r y o f t h e sa id c o m m o n to i ts in te r s e c t io n w i th t h e c e n t r e o t

C l e v e l a n d - s t r e e t ; t h e n c e b y t h e c e n t r e o f t h a t s t r e e t a n d a p ro lo n g a t io n t h e r e o f to a

l a n d m a r k o n t h e ro a d to C o o k ’s E i v e r ; t h e n c e on t h e w e s t b y t h e e a s te r n s ide o f t h a t

r o a d to t h e n o r t h - e a s t e r n a n g le o f t h e U n iv e r s i ty E e s e r v e ; t h e n c e by a s t r a i g h t l in e f r o m

t h a t a n g le to t h e p o i n t o f c o m m e n c e m e n t in t h e c e n t r e o f P a r r a m a t t a - s t r e e t , o p p o s i te t h e

c e n t r e o f B a y - s t r e e t .

T H I R D

324   Act No. 35, 1902.

Sydney Corporation.

Section 10. , T H I R D S C H E D U L E .

D e c la ra tio n hy collector.

I , , do h e re b y so le m n ly d e c la re t h a t h a v in g a c c e p te d th e e m p lo y m e n t o f a

c o l l e c to r f o r t h e w a r d o f t h e c i ty o f S y d n e y , 1 will f a i t h f u l ly p e r f o r m t h e

d u t ie s o f t h a t e m p l o y m e n t t o t h e b e s t o f m y k n o w le d g e a n d ab i l i ty , a c c o rd in g to t h e

p ro v is io n s o f t h e S y d n e y C or])ora t io ii A c t , 1902, a n d 1 will n o t i n s e r t in a n y l is t t h e

n a m e o f a n y p e r s o n w h o m I sh a l l k n o w o r b e l ieve n o t to b e e n t i t l e d by t h e sa id A c t to

h a v e h is n a m e e n te r e d on t h e ro l l f o r su c h w a r d ; n o r will 1 o m it f ro m a n y su c h l is t

t h e n a m e o f a n y p e r s o n w’h om I sha l l k n o w o r be lieve to be so e n t i t le d .

D e c la r e d b e fo re me, t h i s day o f , 19 .

, J u s t i c e o f t h e P e a ce .

Section 12. F O U R T H S C H E D U L E .

W a e i).

L i s t o f c i t iz e n s f o r th e y e a r

Number in rate­ Christian ami surname and

Number. Nature of qualification.

book. residence.

Seetion 13. F I F T H S C H E D U L E .

N o tic e o f c la im .

T o t h e c h a m b e r m a g i s t r a te of t h e C e n t r a l P o l ice C o u r t —

This is to give notice that {sta te C h r is tia n n a m e a n d su rn a m e in f u l l ] of {sta te residence

a n d occupa tion], claims to have his name inserted in the citizen’s roll for the

ward of the city of Sydney.

D a t e d th i s d a y o f , 19 .

{ S ig n a tu r e o f c la im a n t, or w here c la im is m ade hy a n y p e rso n on h e h a lf o f a

■ c la im a n t, s ig n a tu re o f th a t p e rso n , ic ith h is residence a n d occu p a tio n , a n d

w ith a s ta te m e n t th a t he m a kes the cla im on h e h a lf o f th e c la im ant.')

Seetion 13. S I X T H S C H E D U L E .

N o tic e o f oh jection .

T o t h e c h a m b e r m a g i s t r a t e o f t h e C e n t r a l Po l ice Court,-

I i i E R E B T o b je c t t o t h e n a m e o f , d e sc r ib e d as u p o n t h e l is t f o r t h e

w.ard o f t h e c i ty o f S y d n e y b e in g r e t a in e d o n su c h l is t.

D a t e d th is d a y o f , 19 .

(S ig n a tu r e w ith residence a n d o ccu p a tio n .)

SEVEN!

Act No. 35. 1902. 325

Sydney Corporation.

S E V E N T H	S C H E D U L E .	SccUon 23.
S c ru tin e e r 's	dec la ra tio n .

I , A .B . , a p p o in te d on b e h a l f o f C .D ., o n e o f t h e p e r so n s n o m in a t e d f o r e le c t io n

th i s d a y as a ld e r m a n f o r w a rd , to be a s c r u t in e e r a t su c h e le c t io n , do

h e r e b y s o le m n ly d e c la re t h a t I will f a i t h f u l ly a s s i s t as such s c r u t in e e r , a n d will n o t

a t t e m | ) t to a s c e r t a in fo r w h o m a n y e le c to r sh a l l vo te , n o r b y a n y w o rd o r ac t ion ,

d i r e c t ly o r ind irect ly ' , a id in d isc o v e r in g t h e sam e, u n le s s in a n s w e r to a n y q u e s t io n

w h ic h I a m l e g a l ly b o u n d to an sw e r , o r in co m p l ian c e w ith t h e p r o v i s io n s o f t h e

S y d n e y C o r p o r a t io n A c t , 1902.

Sections 31,31.

E I G H T H S C H E D U L E .

B a llo t-p a p e r .

E lection of an alderman {or two aldermen) on the day of 19

L i s t o f ca n d id a tes f o r e lection .

E o r W a r d o f th e C i ty of S y d n e y .

N a m e s . A d d re ss e s .

N I N T H S C H E D U L E . Section 40.

V o te r s d ec la ra tio n .

V o t e r ’s n u m b e r .

I , A .B . , d o so le m n ly d e c la re t h a t I am t h e p e r s o n n a m e d in t h e ro l l no w in

fo rc e f o r t h e w a rd o f t h e c i ty o f S y d n e y , m y nauK' b e in g n u m b e r e d th e r e in

a s in t h e m a r g in h e r e t o ; t h a t I h a v e n o t .already v o te d in t h i s w a r d a t t h is e lec t io n ;

a n d t h a t I h ave s t i l l t h e (lual if icat ion m e n t i o n e d in t h e sa id roll.

A .B .

M a d e a n d su b sc r ib e d b e fo re m e th is d a y o f , 1 9 .

C .D . P r e s id in g Officer.

T E N T H S C H E D U L E . Section 143.

S ca le o f m a x im u m ra tes o f m a rk e t f e e s a n d charges.

M a r k e t fees.

s. d.

E o r ev e ry ho rse , m a re , foa l, n u d e , o r g e ld in g rece iv ed in to t h e y a r d s f o r sa le . .. 1 0

E o r ev e ry h e a d o f c a t t l e so re ce iv e d ... .. . .. . .. . . . .. . . .. 0 (1

E o r e v e ry C h a r g e s sh e e p , lam b , p ig , o r g o a t .»o rece iv ed . . . . . . . .. . .. . .. 0 1

f o r u se o f y a r d s a f t e r t h e sa le d a y f o r a n y p o r t i o n o t tw e lv e ho u rs .

E o r e v e ry E o r ev e ry t w e n t y sh e e p o r h e a d o f c a t t l e a n d e v e ry ho rse , m are , foa l , m u le , o r g e ld in g . . . . . . 0 1

l am b .s ,p ig s ,o r goa ts , o r p o r t io n o f t w e n ty o f su c h a n im a ls 0 1

T h e ab o v e c h a r g e s f o r t h e u se o f y a r d s a re n o t t o be e x a c te d f o r s to c k p a y in g

m a r k e t fe e s i f su c h s to c k a r e n o t y a r d e d u n t i l a f t e r 2 p .m . o f th e d a y ])i 'eceding t h e d ay

o n w h ic h t h e y a r e o f f e re d f o r sa le a n d a r e r e m o v e d b e fo re 8 a.m . o f th e d a y fo l lo w in g

s u c h sale day'.

E L E V E N T H

826  Act No. 36, 1902.

Sydney Corporation.

Section 110. E L E V E N T H S C H E D U L E .

F o rm o f a ssessm en t hook.

A h' a s s e s s m e n t o f t h e g ro s s a n d n e t a n n u a l v a lu e o f a l l p re m ise s l ia b le to be

r a t e d in w a r d i n t h e c i ty o f S y d n e y .

Name of Net value

Name of owner or Description Gtross annual Net value fixed by city

No. Situation. person rated. landlord of of value in fixed bj council or

premises	premises.	pounds.	valuers.	District
rated.	Court.

( S ig n e d ) | V a lu e r s .

Section 112.	T W E L F T H S C H E D U L E .
F o rm o f n o tice o f assessm ent.

C i ty o f S y d n e y .

N o . W a r d . ,

T o

N o tic e is h e re b y g iv en t h a t b y v i r t u e o f t h e S y d n e y C o rp o r . i t io n A c t , 1902, t h e c o u n c i l

o f t h e u n d e r m e n t i o n e d c i ty o f S y d n e y h a v e o r d e re d a n d d i r e c te d y o u to b e a s se ssed in r e s p e c t o f t h e

p re m ise s a t t h e s u m h e r e u n d e r s e t f o r t h :—■

Person rated. Premises assesseel. Net value of premises clear of outgoings.

£ .

N o t i c e is a lso h e r e b y g iv e n t h a t i f y o u a r e d issa t is f ied w i th t h e ab o v e a s se s s m e n t

y o u m a y a p p e a l a g a i n s t t h e s a m e to t h e M e t r o p o l i t a n D i s t r i c t C o u r t [ a t a s i t t i n g to be

h o ld e n f o r t h e p u r p o s e o f su c h a p p e a ls ] a c c o r d in g to t h e p ro v i s io n s c o n ta in e d in s ec t io n s

o f t h e a b o v e n a m e d A c t .

D a t e d a t t h e T o w n H a l l , S y d n e y , t h i s d a y of , 19

T o w n C le rk .

D a t e o f se rv ice , 10 .

T H I R T E E N T H

Act No. 35, 1902. 327

Sydney Corporation.

Section 121.

T H I E T E E N T H S C H E D U L E .

F o rm o f ra te hook.

Period for City rate.

wliich rate is Assessed Date of

Situation. Person rated. ordered half­ annual value payment.

year ending in pounds. Amount in

the £.	Amount.
£ s. d.

E O U R T E E N T H S C H E D U L E . Section 12.1.

C i ty r a t e N o . W ard .

A m o u n t a sse ssed n o t e x c e e d in g £

R e c e iv e d o n th e , 19 , f ro m t h e su m o f

b e in g t h e a m o u n t o f t h e h a l f - y e a r ly c i ty r a t e to t h e I t ) , on p re m ise s of

c o r re s p o n d in g n u m b e r w i th t h e ab o v e in t h e c i ty r a t e books .

C i ty T r e a s u r e r .

F I F T E E N T H S C H E D U L E . Section 125.

F o rm o f n o tice o f ra tes.

C i ty o f Syd n ey .

N o. W a r d .

N o t i c e is h e r e b y g iv en th a t , b y v i r tu e o f t h e S y d n e y C o r p o r a t io n A c t , 1902, t h e c o u n c i l

o f t h e c i ty o f S y d n e y h a v e o r d e r e d a n d d i r e c t e d y o u to bo a s se ssed a n d r a t e d in

r e s p e c t

o f

t l ie

u n d e r m e n t i o n e d

p re m ise s

a t

t h e

su m s

a n d

f o r

t h e

p u r p o s e s l i e r e u n d e r

se t

f o r t l i ;—

I n t h e A m o u n t o f

P e r s o n r a t e d . N a t u r e o f r a l e s . £ . * r a t e s .

City rate iialf-year ending

or

other rate lialf-year ending

as the case may he.

S I X T E E N T H S C H E D U L E . 9e t ion l25 .

T a b le o f costs.

s. d.

F o r e v e ry w a r r a n t o f d i s t r e s s . . . . . . . . . . . . . . . . . . . . . . .. 2 0

F o r e v e ry l ev y . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . 1 0

F o r m a n in p o ssess ion , o n e sh i l l in g p e r h o u r f o r t h e f i r s t t h r e e h o u r s ; a n d i f lo n g e r

d e ta in e d , six sh i l l in g p e r d ay o r p a r t o f a day.

F o r i n v e n t o r y sa le, c o m m iss io n a n d d e l iv e ry o f goods , n o t e x c e e d in g o n e sh i l l in g in t h e

p o u n d o n t h e n e t p ro c e e d s o f t h e sale.

S E V E N T E E N T H

328   Act No. 35, 1902.

Sydney Corporation.

Sectio;i 12 3. S E V E N T E E N T H S C H E D H L E .

W a r r a n t o f d is tre s s a g a in s t a n y n u m b er o f te n a n ts a c tu a lly ra te d or th e occupants.

T o a n d h is a ss i s ta n ts .

W h e h e a s t h e s e r e r a l p e rso n s , w h o se n a m e s a p p e a r in t h e S c h e d u le h e r e u n d e r w r i t t e n ,

h a v e b e e n r a t e d b y t h e co u n c i l o f t h e c o r p o ra t io n o f S y d n e y in r e s p e c t to t h e p re m ise s

n a m e d in t h e sa id S c h e d u le a t t h e su m s a n d f o r t h e r a t e s s e t d o w n o p p o s i t e t o t h e i r

r e sp ec t iv e n a m e s . A n d w h e re a s t h e sa id se v e ra l s u m s w e re a n d sti ll a r e d u e a n d p a y a b le

o n a c c o u n t o f su c h r a te s , a n d d e f a u l t h a s b e e n m a d e in t h e p a y m e n t t h e r e o f re sp ec t iv e ly

t o t h e c i ty t r e a s u r e r , a lthous^h d e m a n d h as b e e n m a d e a c c o rd in g to law. T h e s e a re ,

th e r e f o r e , t o a u th o r i s e y o u f o r t h w i th to m a k e d i s t r e s s o f t h e se v e ra l goods a n d c h a t t e l s

in t h e f i r s t p lac e o f t h e p e r so n o r p e r s o n s n a m e d in t h e sa id Sch e d u le , if he , she , o r t h e y

b e t h e n r e s i d e n t in t h e sa id p re m ise s , a n d h a v e a n y goods a n d c h a t t e l s t h e r e , a n d in case

o f a c h a n g e o f p o ssess io n , t h e n u p o n t h e goods a n d c h a t t e l s o f a n y p e r s o n o r p e r so n s

w h o sh a l l t h e n be t h e o c c u p ie r o r o c c u p ie r s in p o ssess io n o f t h e sa id p re m ise s so n a m e d

in t h e sa id S c h e d u le a t t h e t im e o f t h e e x e c u t io n o f th is w a r r a n t , a n d i f w i th in t h e sp a c e

o f t h r e e d a y s n e x t a f t e r t h e m a k in g o f e i t h e r o f s u c h d i s t r e s se s re sp e c t iv e ly t h e sa id

se v e ra l s u m s o f m o n e y s e t o p p o s i t e to t h e i r r e sp e c t iv e n a m e s a t w h ich t h e p e r s o n o r

p e r s o n s w as o r w e re so r a t e d as a fo re sa id , a n d t h e sa id sev e ra l su m s f o r c o s ts a lso s e t

o p p o s i t e t o t h e i r r e s p e c t iv e n a m e s , i n c lu d in g y o u r l a w f u l c h a rg e s fo r levy, i n v e n t o r y ,

sa le , com m iss ion a n d d e l iv e ry o f goods in e a c h case , sh a l l n o t b e pa id , t h a t t h e n y o u do

se l l t h e sa id g o o d s a n d c h a t t e l s o f t h e p e r s o n o r p e r so n s so b y y o u d i s t ra in e d , a n d o u t o f

t h e m o n ey a r i s in g b y su c h sa les re sp e c t iv e ly , y o u r e t a i n t h e re s p e c t iv e s u m s so d u e a n d

o w in g f o r t h e p re m ise s i n t h e sa id S c h e d u le m e n t io n e d a n d o c c u p ie d b y t h e p a r t y o r

p a r t i e s w h o se goods y o u sh a l l h a v e sold , r e n d e r i n g to h im , h e r , o r t h e m t h e o v e rp lu s

a f t e r d e d u c t in g t h e c h a r g e s o f t a k in g , k e e p in g , a n d s e l l in g th e sa id d is t re s s , a n d t h a t y o u

c e r t i f y t o m e o n o r b e fo re t h e d a y o f , w h a t y o u sh a l l h ave d o n e b y v i r tu e

o f t h i s w a r r a n t .

S c h e d u l e .

No. in Names of Description of Situation of What Costs. Total.

rate book. ratepayers. property. property. rates.

J

1

G iv e n u n d e r m y h a n d a n d t h e c o m m o n sea l o f t h e c o rp o ra t io n o f S y d n e y a t

t h e T o w n H a l l th i s	d a y	, a .d .	19	.
INfayor. ( l .s .)

Sections 7, 83. . E I G H T E E N T H S C H E D U L E .

A l l t h a t p iece o r p a r c e l o f l a n d in t h e c i ty o f S y d n e y a n d m u n ic ip a l i ty o f

P a d d in g to n , p a r i s h of^ A le x a n d r ia , a n d c o u n ty o f C u m b e r l a n d , a n d b e in g p a r t o f t h e l a n d

r e s u m e d f o r sew e rag e p u r p o s e s on B a rc o m G l e n E s t a t e : C o m m e n c in g a t a p o i n t on

t h e s o u th - w e s t e r n b u i ld in g - l in e o f L iv e r p o o l - s t r e e t , d i s t a n t 211~o\i l in k s so u th - e a s te r ly

f r o m G r o a t B a rco m s t r e e t ; a n d b o u n d e d on th e n o r t h - e a s t b v t h e so u th - w e s t e rn b u i ld in g ­

l in e o f s o u t h - e a s t a n d L iv e r p o o l - s t r e e t b e a r i n g s o u t h 3!) d e g re e s 3 7 i m in u t e s e a s t 3-,Vtf l in k s ; o n t h e

s o u th by l ines b e a r i n g s o u t h 30 d e g r e e s 4(1^ m in u te c w e s t 581 jVo l inks ,

s o u th 51 d e g re e s 23-5 m in u te s w e s t G57/v",y l inks , so u th 5S d e g re e s 191 m in u te s w e s t

221 /„ l in k s , n o r t h K!) d e g re e s (i ̂ m in u te s w e s t 4 9 0 , l inks , a n d n o r t h 09 d e g re e s 48

m in u t e s w e s t 1 0 2 ,^ , , l in k s r e sp e c t iv e ly to G r e a t B a rc o m s t r e e t ; o n t h e n o r t h - w e s t h y

t h a t

L...

Act No. 3G, 11)02. 329

Cattle Slaughtering and Difteased Anima's and Meat.

ill i t s t r e e t l i e a r l n " n o r t h G8 dcfjroes I l 4 m in u te s c a s t 4 , ” ̂ l i n k s ; a n d on t h e n o r t h a n d

n o r t h - w e s t b v l i n i s b e a r in g so u th (!9 d e g re e s 48 n i i i iu ie s e a s t 158-,’ ih l inks , s o u t h SI)

rjp.Tfees (i '̂ m in u te s c a s t 4 8 1 ) l i nks, n o r th .58 d e g r e e s 1!)} m in u te s e a s t 228,';, ',, l inks ,

n o r t h -51 d e g re e s 28?, m in u te s c a s t l i o G l i n k s , a n d n o r t h 80 d e g re e s IGJ m in u te s

e a s t .582 l inks , to th e ] ioint o f e o m m e n e e m e n t ,— a n d e.xcluding th e r e f r o m p o r t io n s o f

AVi's t-s treet a n d C a m p b c l l - s t r c e t , a n d c o n ta in in g an a r e a o f 9.V p e rc h e s o r th e r e a b o u t s ,

exc lus ive o f s t re e ts .

N I N E T E E N T H S C H E D U L E . Sections 7. 83.

A ll t h a t ])iecc o r p a rc e l o f l a n d in t h e c i ty o f S v i ln ey a n d m u n ic ip a l i ty o f

P a d d i n g to n , p a r i s h of A le x a n d r i a a n d c o u n ty o f C u m b e r la n d , a n d b e in g ]>art o f t h e

l a n d r e s u m e d f o r s e w e rag e p u r p o s e s on D a rc o m 0 len E s t a t e : C o m m e n c in g a t a p o in t

on th e s o u th - w e s t e r n h t ii ld ii ig - line o f L iv e rp o o l - s t re e t . d i s t a n t 102! l in k s s o u th - e a s te r ly

from (; r e a t P a r c o m s t r e e t ; a n d b o u n d e d o n th e n o r t h - e a s t b y t h e s o u th - w e s t e rn b u i ld in g ­

l in e o f L iv e rp o o l - s t re e t b e a r in g so u th 89 d e g re e s 8 7 | m in u te s e a s t 109y,,',y l i n k s ; on th e

s o u th - e a s t a n d so u th by l ines b e a r in g s o u th 80 d e g re e s 4t)J m in u te s w e s t 582 l inks ,

so u th 51 d e g re e s 28 j m in u te s w e s t G5GiVo l in k s , so u th 58 d e g re e s IDy m in u te s w e s t

228-,';,’o l in k s , n o r t h 89 d e g re e s Gi,' m in u te s w e s t 4 8 9 - , l inks , a n d n o r t h 09 d e g re e s

48 m in u te s w es t 158,V k l inks re sp ec t iv e ly to G r e a t Ih i r c o m s t r e e t ; on t h e n o r th - w e s t

hy t h a t s t r e e t b e i r i n g n o r t h G S d e g re e s 14.y m in u te s e a s t 154,\, l i n k s ; a n d on t h e n o r t h

a n d n o r t h - w e s t by l in e s b e a r i n g s o u th (>9 d e g re e s 48 m in u te s e a s t 2G-,VV l in k s , so u th 89

d e g re e s G, m in u t e s e a s t 441-,''’,,",,- l inks , n o r t h 58 d e g re e s 19y m in u te s e a s t 187,Vb l inks ,

n o r t h 51 d e g re e s 28?, m in u te s e a s t G8l,"„'*o l inks , a n d n o r t h 80 d e g re e s IGiJ m in u t e s e a s t

599,"„'o l in k s re sp e c t iv e ly , to t h e p o in t o f c o m m e n c e m e n t ,— e x c lu d in g t h e r e f r o m p o r t io n s

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