Sydney Corporation Act 1932 (NSW)

SYDNF^Y COErOKA^TIOY^ ACT.

Act No. 58, 1932.

All Act to consolidate' tlu; Acts relating' to the

Corporation of tlu 'C ity of Sydney.	[Assente'd	'
to, 33nd ])ec('nil)(M', 19o3.]

it enacted by (In? King’s ]\lost Excellent iMajesty, by and with tlic advice and consent of tlie Legis

lative Council and Legislative Assomhly of Kew South Wales in Parliament assem!)]ed, and by the authority of the same, as follows :—■

PAET I.

P r e l im in a r y .

D iv is io n 1.— Short

title,

&c.

1. This Act may be cited as the “ Sydney Corporation short title

Act, 1932,” and is divided into Parts, as follows:—■

-nto'i'arts?"

PAET

I.— P r e l im in a r y — ss.

1-4.

D iv is io n

\ . —Short title,

&c.— s.

D iv is io n

2 .—Interpretation—s.

Division 3.— Repeal and savinqs— ss. 3, 4.

PAET

462 Sydney Corporation Act.

Nq. 58,1932.

PART IL—Corporate Powers City Boundaries

AND Wards—ss. 5-8.

PART III.—Qualifications of Citizens—s. 9.

PART IV.— L ist s a n d R olls of Cit iz e n s — ss. 10-18.

PART V.—The Election and Retirement of

Lord Mayor and Aldermen—ss. 19-59.

PART VI.—Appointment of Officers—ss. 60-67.

PART

VII.— Co u n c il

M e e t in g s — ss.

68-74.

PART

VIII.—T h e

R e g u l a t io n

o f

P u b l ic

Ways—

ss. 75-117.

PART

IX.— R a t e s— ss.

118-151.

D iv is io n 1.— Rate

average

annual

value— ss.

118-137.

D iv is io n 2 .— Rate

unimjjroved capital value—

ss. 138-151.

PART X .—Sp e c ia l Rates—ss.

152-153.

PART &c.—ss. 154-156.

X I.—I n ju r ie s

L ig h t s

F o u n t a in s ,

PART XII.—Markets, Parks, Sale-yards, &c.—

ss. 157-191.

PART

XIII.— F is h

M a r k e t s— ss.

192-200.

PART XIV.—Nuisances and Public Health—ss

201-238.

PART XV.—Revenue and Loans—ss. 239-245.

PART

XVI.— R e s u m p t io n — ss.

246-262.

PART

XVII.— B â -la w s—ss.

263-264.

PART XVIII.—IM

iscellaneous

Provisions

and

Procedure—ss. 265-293.

SCHEDULES.

D ivision.

Sydney Corporation Act.

453

No. 58, 1932.

D iv is io n

2 .—

Interpretation.

2 . In this Act the following words within inverted

commas shall, unless the context otherwise indicates, .j. ' have the meanings and include the persons, animals, and 1902, s. 3. ’ things set against them respectively,—■

“ Boarding-house”—Any house, edifice, building, or

other structure, permanent or otlierwise, and an}" (b)"(iî ' ’

part of the same (not being premises licensed

rmder the Liquor Act, 1912) in wliich more than

three persons, exclusive of the family of the

proprietor thereof, are lodged or boarded for

hire for a term of one week or upwards.

“ Building ”—Any house, dwelling, office, shop, store, warehouse, manufactory, counting-liouse, stable, coach-house, theatre, or other building or erection whatsoever, with the appurtenances thereto belonging.

“ Building-line ”—A line inside of and in all its parts corresponding with the outer line of the curbing as now or hereafter lawfully defined, and at the authorised distance therefrom, as sliown 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 liave been duly made under th(! authority of this Act.

“ Cattle ”—Horses, asses, mules, sheep, lambs, oxen, i h i d . s. 5 (i.>

bulls, cows, calves, pigs, and goats.

i''-

“ 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 Lord Mayor, alderman,

town clerk, treasurer, health officer, engineer, surveyor, or inspector of nuisances for the city.

“ Common lodging-house ”—Any house, edifice, build- uid. s 5

ing, or other structure, permanent or otherwis(j (not being premises licensed under the Liquor

Act

454 Sydney Corporation Act.

No. 58, 1932.

Act, 1912) in which persons are harboured or lodged for hire, for a single night, or for less than a week at one time, or part of which is let or may be let for any term less than a week at one time.

“ Corporation ”—The Lord Mayor, aldermen, and citizens of the city.

“ Council ”—The Municipal Council of Sydney.

Aet'N o. 05,1031,

8, 5 (1) (.a) (i).

“ Crown ”—Includes any statutory liody representing

the Crown.

“ Justice ”—A justice of the peace.

“ Landlord ”—The owner or person at the time

receiving rent from the tenant of any premises.

“ Metropolitan Abattoir Area ”—The area determined

by section six of the Meat Industry Act, 1915.

“ Newspaper ”—Newspaper published in the city.

Act No 34,

“ Owner ”—In relation to property, includes every

1029, s. S (a).

person who jointly or severally, whether at law

or in equity—

(a)	is entitled to the property for any estate of freehold in possession; or
(b)	is entitled to receive, or is in receipt of, or if the property were let to a tenant would be entitled to receive the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession, or other wise :

Act No. C.O,	Provided that the Crown shall be deemed to be
1931, s, 5 (1)

<a) (ii).

the owner of- -

(i) all lands of the Crown ; and

(ii) all lands vested in a statutory body representing the CrovTi.

“ Premises ”—Any land, whether a building be erected thereon or not.

“ Prescribed ”—Prescribed by this Act or by by-laws made thereunder.

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

“ Rate ”

Sydney Corporation Act.

455

No. 58, 1932.

Eate ”—Any rate made payable under tbe provisicms of this Act.

“ .Restaurant ”

or “ eating-house ”—Includes

any Act, N j . 7,

premises where meals or refreshment may be	̂
obtained by any person on payment therefor, but does not include premises licensed under the Liquor Act, 1912.

“ Rolls —The lists of citizens for the several wards duly certified as hereinafter provided.

“ Statutory body representing the Crown”—Any Act No. 65,

body defined by or proclaimed under the Local	̂
Government Act, 1919, as amended by sub sequent Acts, as a statutory body representing the Crown.

“ 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 otlier person

legally authorised to act as such for the time being.

Wards

-The wards into which the city is divided,

D iv is io n 3.—Repeal and savings.

3. (1) The Acts mentioned in the First Schedule to uepcai.

this Act are, to the extent therein expressed, hereby

1 1

J Schedule.

repealed. (2) The provisions of this Act shall not have any Aci N o. 35,

operation so far as the same are inconsistent with tire ' the Metropolitan Water, Sewerage and Drainage Board.

(3) Unless otherwise expressly provided nothing in Act No. "7,

this Act shall affect any of the provisions of the Public Health Act, 1902, the Width of Streets and Lanes Act, 1902, the Noxious Trades Act, 1902, the Fisheries Act, 1902, the Pure Foods Act, 1908, the Theatres and Public Halls Act, 1908, the Fire Brigades Act, 1909, the Motor Traffic Act, 1909, the Factories and Shops Act, 1912, the Height of Buildings (Metropolitan Police District) Act, 1912, the Government Railways Act, 1912, the

Liquor

456 Sydney Corporation Act.

_L	'Liquor Act, 1912, the Meat Industry Act, 1915, the Valuation of Land Act, 1916, the Local Government Act, 1919, or any Act amending or replacing those Acts, or take away powers vested in any person or body by any of such Acts or by any by-laws, regulations or ordinances made thereunder.

Act Xo. cn,

(4 ) Kothina; in this Act shall be deemed to confer

' ’'	" " o n the Municipal Council of Sydney any power—

(a)

relating to the construction, erection, establish ment, maintenance, regulation, and licensing, within the county of Cumberland, of cattle sale-yards or markets, other than sale-yards or markets for the sale of milch cows and horses;

(b)

relating to the licensing of places within the county of Cumberland for the slaughter of pigs,

calves, and sheep;

(c)

relating to the construction, establishment, main tenance, and regulation of markets for the sale of meat within the aforesaid county.

Saving of 4. (1) The repeal by this Act of any enactment shall

transactions, not, as far as relates to any previous or pending transac

tion or matter, affect property vested, acts and things

’ ' ’

validated or authorised, rights powers and protection acquired, liabilities incurred, or indemnities given by or under the repealed enactments.

Savings of	' (2) The repeal by this Act of any enactment shall alfect tlic status of any road as a public way, road, street, or highway within the meaning of this or any other Act.
public ways.

other

(3) This section shall not limit any saving in

savings.

.|-p-g

Qj.

Interpretation Act, 1897.

Savings as to

(4) Notwithstanding the repeal of any Acts by

menibei-N rates,

otlierwise exprcssly provided

by this Act,—

Council

(a)

the members of the council in office at the commencement of this Act shall remain in office

’	for the period hereinafter provided, and this Act shall apply to them; and such members, while in office, shall be the Municipal Council of Sydney and the Lord Mayor thereof;

■

(b)

Sydney Corporation Act.

457

(b)

all regulations, by-laws, proclamations, notifica

tions, declarations of office, appointments of

&e.,

ment of this Act shall be regulations, by-laws,

proclamations, notifications, declarations of office,

anpointmcnts of officers, and orders under this

oiiicers, and orders in lorce at tiie commence- foive. of this Act continue in force until amended or repealed in pursuance of this Act :

(c)

all citizen's rolls in force at the commencement Rolls, until new rolls are compiled and in force undt.r this Act;

(d)	money which under the Acts hereby repealed are, at the commencement of this Act, due or Reon pas-xd,

all rates, charges, fees, penalties, and sums of Ratui to iio the council shall be paid to and may be received, levied, enforced and recovered by the council for the time being and shall remain a cliarge on property or land as if this Act had not passed;

(e)	air rights and liabilities acquired and incurred, Ki.̂ins

and all contracts and undertakings entered inttp

all securities lawfully given, and all applica-

to v

(.h

tions, actions, suits, and proceedings pending at the commencement of this Act, shall respec tively be vested and attach, and may be enforced, realized, carried on, and prosecuted as if this Act had not passed, and shall not abate or be discontinued, or be prejudicially affected by the operation of this Act;

(f)	commencement of this Act reference is made ■''-'peai'-'i

where in any form or document used after the Fomis imacT by this Act the reference shall be deemed to be Tenant

a reference to the corresponding provisions (if

'*’

any) of this Act;

(g)	where in any Act, ordinances, regulations, or iiefeienocs

by-laws reference is made to the provisions of

any Act repealed by this Act such reference

shall be deemed to be to the corresponding

provisions (if any) of this Act;

(h)

458 Sydney Corporation Act.

No. 58, 1932.

(li) wliere, by the operation of section twenty-three of the Sydney Corporatio)' Act, 1902, any person has been disqualified for the office of alderman such person shall be deemed to be disqualified for civic office under this Act until the removal of the disqualification as provided by that section and the provisions of this Act relating to dis qualification for civic office shall apply accord ingly.

This Act to

apply to	(5) Save so far as there is anything in this Act and things, surcharges, applications and approvals made, done, commenced, or given under the Acts hereby repealed, and at the commencement of this iVct of any force or effect or capable of acquiring any force or effect by virtue of the Acts hereby repealed, as if this Act had been in force at the time when they were made, done, commenced, or given, and they ivere made, done, com menced, or given hereunder.
things done	inconsistent therewith, this Act shall apply to all matters
under Acts
repealed.
(6) Printed notices, forms, books, and formal docu ments prescribed and customarily used under the pro visions of the Acts hereby repealed may be used in place ■of the corresponding notices, forms, books, and formal documents under this Act.
-AcfNo. 34,	(7) Assessments for the purposes of rating may ̂ continue to be made in accordance with or based upon ward assessment books compiled in accordance with the boundaries of the wards existing at the commencement of the Sydney Corporation (Amendment) Act, 1929, in the same manner and to the same extent in all respects as if subsection five of section eight of tliat Act had not been<_■

repealed.

PART

Sydney Corporation Act.

459

No. 58, 1932,

PART II.

C o rpo r a te

P o w ers

a n d

Cit y

B o u n d a r ie s

a n d

W a r d s .

5 . The municipal council of the city, hereinafter called Oonsiituiioa

“ the council,” sliall consist of the Lord Mayor and

aldermen, who are irom time to time in omce m igo‘2, a. 5.

accordance with the provisions of this Act.

6 . The Lord Mayor, aldermen, and citizens of the city Municipal

of Sydney shall continue to be a corporation under the

style and title of “ The Municipal Council of Sydney,” be a cor

and under that name— poration.

Thid. s. 0.

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

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

(c)	may purchase and hold real and personal propert}' of any description whatsoever to the use and for the purposes only of the said corporation;
(d)	may grant, alienate, and convey, sell, or assign, any real or personal estate; and may, subjecu to the provisions of this Act, demise any real or personal estate;
(e)	generally may exercise, subject to the provisions of this Act, all powers incident to a body corporate.

7. The boundaries of the city of Sydney shall contimu; Jiou.ida.ics of

to be those described in the Second Schedule hereto

s . 7.

until altered under the provisions of this Act.

wosrsc'u.’

'	A ct No. 7,’

•	1924, s. If).

•

A ct No. 34,

1929, s. 8 (i) (j).

Second

Schedule.

8. (1) The city of Sydney shall be divided into fivi! Wards of

tliecity.

wards.

_	Act No. .i4,

(2)	The boundaries of the wards and the names 1929, s. 6.

assigned to the wards shall continue to be those set out Tiyrd

in the Third Schedule hereto until altered under the

provisions of this Act.

PAET

460 Sydney Corporation Act.

No. 58, 1932.

—

PART III.

Qu a l if ic a t io n s

o f

Cit iz e n s .

9. (1) The following persons if of the age of twenty-

Qualifica

tions of	one years or upwards shall be entitled to be placed on
citizens.
Act No. 35,	the citizens’ roll for any ward :—
1902, s. 9.

Act No. T,

(a) Any person, male or female, being a natural-born

19-24, s. 4.	or naturalised British subject who on the first
Act No. 34,	day of May of the year in which a roll is to be
1929, s. 5 (b).	prepared as hereinafter provided is jointly or severally the owner of a freehold interest in possession of any property in that ward assessed at a yearly value of five pounds or upwards or of a leasehold interest in any property in that ward of a yearly value of twenty-five pounds or upwards.
Ill the case of properties owned by public companies, or bodies corporate, or trustees, the directors of such companies, or bodies corporate, or the trustees, shall have power to nominate their manager or secretary, or one of their own number, as the person to be placed on the roll in respect of such property; or, failing such nomination, the manager or secretary of any such company, or the trustee whose name first appears in the instrument creating such trust shall be so enrolled.

(b)

Any person, male or female, being a natural-born or naturalised British subject, who has been continuously during the six months next pre ceding the first day of May of the year in which a roll is to be prepared as hereinafter provided in joint or several occupation of any house, warehouse, counting-house, shop, or other build ing, including any room or part of a house separately occupied in that ward of a yearly value of ten pounds or upwards.

And where an occupier is entitled to the sole

and exclusive use of any part of a house, that

part shall not, for the purposes of this section, be

deemed

Sydney Corporation Act.

461

No. 58, 1932.

deemed to be occupied otherwise than separately by reason only that the occupier is entitled to the joint use of some other part.

But any such house, warehouse, counting- house, shop, building, room or part of a house need not be throughout the six months constitut ing the period of qualification under this sub section the same property, provided it is in the same ward.

In the case of properties occupied by public companies or bodies corporate, or trustees, the directors of such companies or bodies corporate, or the trustees, shall have power to nominate their manager or secretary, or one of their omr number, as the person to be placed on the roll in respect of such property; or, failing such nomination, the manager or secretary of any such company, or the trustee whose name first ap])ears in the instruniejit creating such trust shall be so enrolled.

(c)

Any person, male or female, being a natural-born British subject or naturalised person, who as a lodger has continuously during the six months next preceding the first day of May of the year in which a roll is to be prepared as hereinafter provided occupied jointly or severally any lodgings in the saine dwelling-house in the said ward, of a clear yearly value of ten pounds or upwards.

(2) For the purposes of this section the word “ female ” shall include married women.

(3) Provided that in the case of a joint occupation ivoyision under paragraph (b) of subsection one or a joint o c c u p a - ^ tion as a lodger under paragraph (c) of that subsection lodgers, only one of such joint occupiers or joint lodgers shall

be entitled to be placed on the roll, unless the premises jointly occupied under paragraph (b) of subsection one are of the yearly value of twenty pounds or upwards, or unless such lodgings are of the clear yearly value of twenty pounds or upwards, in which cases such number of the said occupiers or lodgers as, when divided iri.to

the

462 Sydney Corporation Act.

Ho. 58, 1932.

tlie 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’ roll.

The joint occupiers or lodgers who 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 agreement, according to the alphabetical order of the surnames of the occupiers or lodgers.

Where

(4) Provided also that any person having a quali

citizen hati:

more than	fication mentioned in paragraph (a) of subsection one
cation nmler
one (iiialUi-	shall not be entitled to have his name placed on the roll
paragrapli(a).	for any ward in virtue of any other qualification under paragraph (b) or paragraph (c) of that subsection which he may possess; l)ut he shall be entitled to have his name placed on the roll for every ward in which he is qualified under the said paragraph (a) of subsection one by virtue of his ownership or lesseeship of property in that ward.
Under	(5) Provided, further, that any person having more (c) of subsection one, or under both those paragraphs, 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 the lists of citizens the chamber magistrate aforesaid shall make such choice.
paragraphs	than one qualification under paragraph (b) or paragraph
(b) or (o)

PART

Sydney Corporation Act.

463

No. 58, 1932.

PAET IV.

—

L ists and R olls of lItizen s .

10. (1) On or before the first day of May in every year

in wliich an election of aldermen is to be held

stipendiary magistrates, and the acting and deputy i9(d, io.’

stipendiary magistrates, of the Metropolitan f(vĥ "°’7{2)

District, or any tlirco of such magistrates, shall appoint	’ '
members of tlie police force as collectors for each ward.

Every such collector shall, before entering on his duties, make and subscribe a declaration before a justice in the form of the Fourth Schedule, ivhich declaration shall be I'lmrtii

kept as a record in the Central Police Court.

sdieduie.

(2)

also appoint clerks of the revision courts to be held for

that year under this Act.

Such magistrates or any three of them shall

11. (1) (a) The collectors appointed for each ward shall,

in the months of May and June in every such year, m a k e '

out a list arranged in the alphabetical order of the 1 sk)-.>, s . '1 1

surnames of the persons who on inquiry such collectors

consider are entitled to have their names placed on Act No. i

the roll for such ward, and shall deliver such lut to the

chamber magistrate of the Central Police Court.

(b)	The council shall pay into the Treasury a

sum fixed by the Colonial Treasurer as the cost of

collecting the list liy the police.

■

Such sum shall be carried to the Consolidated Revenue

Fund.

(2) The said chamber magistrate shall forthwith on receipt of any such list cause it to be printed, and shall supply copies at a reasonable price to any person requiring the same, and shall cause a copy to be affixed on every Court of Petty Sessions in the city, and at some convenient place in each 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 be posted at the Tovm Hall.

464 Sydney Corporation Act.

^ " 12. (1) The said list shall contain the names and

exhibited qualifications of aU persons qualified to vote, alpha-

Aot No. 35, f>etically arranged according to the form in the Fifth

1902, s. 12. Schedule, and shall be signed by the chamber magistrate,

1924^° 4 ’(4)

exhibited at the places provided for under the last

’	preceding section from the first to the thirty-first day

Fifth

Schedule.

of August in each such year.

(2)	Twice at least during such time the town

clerk shall cause notice to be published in two news

papers of such lists being so open to inspection.

Notices of

claims and

13. (1) At any time after the first and before the

objections.	thirty-first day of August in any such year, any person
Act No. 35,
1902, s. 13.	whose name is not on such list may by notice in writing
Act No. 7,	given by him or by some person on his behalf to the
1924, s. 4 (5).	chamber magistrate of the Central Police Court make
Sixth
Schedule.	claim in the form of the Sixth Schedule to have his name inserted in such list.
During the said period any person may by notice in writing given by him as aforesaid in the form of the
Seventh
Schedule.	Seventh Schedule object to the name of any person being retained on such list.

(2)	As soon as possible after the said thirty-first

day of August, the said chamber magistrate shall—

(a)	cause to be arranged in the alphabetical order of their surnames and printed in a paper the names of the persons so claiming;
(b)	cause to be arranged as aforesaid and printed in another paper the names of the persons so objected to ;
(c)	supply copies at a reasonable price to any person requiring the same;
(d)	cause copies of such papers to be affixed on every Court of Petty Sessions in the city and at such places in each ward where the lists have been affixed;
(e)	keep them so affixed until the roll for the ward has been prepared.

Revision

courts to

14. (1) During the month of September in every such

be lield.	year revision courts for revising the lists for the wards
Act No. 33,
1902, s. 14.	of the city shall be held at such places within the city
Act No. 7,	as the stipendiary magistrates and deputy and acting

1924, s. 4 (6).

stipendiary

Sydney Corporation Act.

465

stipendiary magistrates of the Metropolitan Police District

' _L-

or any three of them may prescribe by notification in the

Gazette and one or more newspapers.

A copy of such notification shall be affixed on every Court of Petty Sessions in the city and at sucli places in each ward where the lists have been affixed.

(2)

and shall be constituted by one or more of such

magistrates.

Each revision court shall be an open court,

15. (1) The chamber magistrate of the Central Police Cioceame at

Court shall at the opening of any such revision court .0','“̂ “̂

produce the list for the ward and copies of the papers Act No. 35,

containing the names of the persons claiming to be	s. 15.
inserted in the list and of the persons objected to.

(2) The magistrate presiding at any such revision Correction

court shall—

(a)	remove from the list the name of every person proved to be dead, whether objection has or has not been made under this Act;
(b)	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 whose name is on the list has not the quali fication entitling him to be placed on the roll for the ward;

(c)	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)	correct all errors and supply all omissions in such list as to the names, descriptions, and qualifications under this Act of any persons.

(3 ) The magistrate so presiding shall, in open [nitiaiiing

court, write his initials against any addition to or alteration

of the list made as aforesaid.

16 . The magistrate presiding as aforesaid shall cause Uoii to be

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.

Such

466 Sydney Corporation Act.

No 58 1932

’ ——

Such copy shall be the roll for the ward 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.

IVwer of

revision

17. (1) A revision court shall have power to hear,

court to	receive, and examine evidence, and by summons under
evidence.
examine	the hand of the revision clerk to require all such persons
Act No. 3."	as it thinks fit to appear personally before it, at a time
1902, s. 17.	and place to be named in such summons, and to produce to the court all such books and papers in their possession or under their control as may appear necessary for the purpose of their examination.
Any person so required who, without sufficient excuse, neglects or refuses to comply with such summons, or, having appeared before the said court, refuses without such excuse to take an oath or affirmation, or having taken such oath or affirmation, refuses to answer the questions put to him, may be dealt with in all respects as a person refusing or neglecting to appear or to take an oath or affirmation, or to give evidence before a Court of Petty Sessions.
Frivolous	(2) If it appear to a revision court that any person has made or attempted to sustain any groundless, frivolous, or vexatious claim or ol)jection, such court may order the payment by such person of any sum not exceeding ten pounds as costs to be paid to any other person in resisting such claim or objection.
claims or
ol'jectioi.g.
Any sum so ordered to be paid may, if not paid within the time specified in the order, be recovered before any Court of Petty Sessions in the city by the person named in the order as being entitled thereto.

Adjourn-(3) A revision court may adjourn from time to nicnt of c o u r t . and if 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.

(iovernor

may vary

18. The Governor may by proclamation in the Gazette

times and	before or after the time at or during or within which
validate
irregularities.	anything may or shall be done in pursuance of this Part,

Act No 7

or extend such time, or may validate anything done

i!)24, s.d (7). after such time, or done irregularly in matter of form,

PAl.T

Sydney Corporation Act.

4G7

Ko. 58, 1932.

PART V.

—

T h e

E l e c t io n

a n d

R e t ir e m e n t

o p

L ord

M ayor

AND	A l d e r m e n .

19. (1) On the first day of December, one thousand nine hundred and thirty-three, and on the first day	and election of
r L'tiicment
a'denneii.
-Act No, ;-:5,
of December in every third year thereafter, there shall	l')u2, s. IS. A ct No. Ki,
be an election of aldermen of the city; and on such election	1006, s. 14.
being held, the aldermen then in office shall retire, but	lOlS, s. 2.
Act No. 50,
may at such election be re-elected, if otherwise qualified.	Act No. SI, ]ii20,
3(3) (a). A ct No. 23,1032,
S . 2 ( l ) .
(2) Any person, male or female, on the roll for any ward of the city shall be qualified to be elected as alderman.	n-29, s. 8 (1) (a).
Act No. 31,

(3) The aldermen of tfie city in office at the Aa.N,..

commencement of this Act may, subject to the provisions of this Act, remain in office until the election of aldermen in the year one thousand nine hundred and thirty-three is held under this section, and shall then retire from office but may at such election be re-elected if otherwise qualified.

20. (1) On the ninth day of December in every year Liecti.-nof

the aldermen shall assemble at the Town Hall for the

purpose of electing one of their own number to be Lord	jo’’
Mayor of the city for the forthcoming year.
The Lord Mayor shall enter into office on the first day of January next following his election, and shall hold office imtil the thirty-first day of December following, and shall be eligible for re-election if still qualified.

The person -who at the date of the commencement of a a No. 31,

this Act holds the office of Lord ATayor shall continue to	»■ ■♦ (•)•
hold such office until the thirty-first day of December, one thousand nine hundred and thirty-two, and shall be eligible for re-election if still qualified.

(2) If the aldermen fail to elect a Lord Mayor on A«t_No. 6I,

or before the thirtieth day of December in any year, the Governor may appoint one of their number to be Lord Mayor.

21. The Lord Mayor may receive from the city fund Ji<=">u"eration

such allowance lor his services as the council may irom

time to time determine.

woAs°'-io’’

468 Sydney Corporation Act.

22. There shall be three aldermen for each ward, who

aideJmen?̂

sliall be olccted by the persons on the roll for such ward.

A ct No. 35,1902,

s. 21.

A ct No. 34,

1929, s. 3 (3) 0>).

Kiection

23. (l) No Candidate at any election shall expend,

Penalty^”'	either by himself or his agent, more than fifty pounds in
Act No. f,5,	connection with such election.

1902 s. 22.

’	The details of such expenditure verified by statutory declaration shall be furnished to the town clerk within seven days after the holding of an election.

(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 within the time limited in the last preceding section, shall be liable to a penalty of twenty pounds, to be recovered in a summary manner in any court of competent jurisdiction, and if elected such election shall be void.

Persons	24.	(1) The following persons shall be disqualified
disqualified.

Xlid. s. 23.

from being 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,—

(a) a Supreme Court Judge; (b) a District Court Judge;

(c)	every person holding any place of proht under the Crown or the council;
(d)	every military or naval officer in full pay in any force other than the volunteer force;

(e) every person of unsound mind;

(f) every uncertificated bankrupt or insolvent; and

(g)	every person who has compounded with his creditors.

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

(3) Every bankrupt or insolvent shall cease to be disqualified at the expiration of three years from his becoming bankrupt or insolvent provided he has obtained his certificate.

(4)

Sydney Corporation Act.

469

. .

No, 58, 1932.

(4) Every citizen holding the office of Lord Mayor or alderman who is declared bankrupt or insolvent or compounds with his creditors shall thereupon cease to hold his office, and be disqualified from election to any civic office until he has obtained his certificate or paid his debts in full, or obtained a release from his creditors.

---

25. Any person who, while holding any civic office Civic officera

under this Act, continues to be or becomes directly or

indirectly, by means of partnership with any other person, ptciaity.

or otherwise howsoever Imowingly engaged or interested

in any contract, agreement, or employment, with or on

behalf of the council, except as a shareholder, but not 1924, s. 5 (c).

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 :

Provided that a person shall not be disqualified for a civic office or be liable to a penalty by reason only of having a direct or indirect pecuniary interest in any agreement with the council for or with respect to—

(a)	the publication of advertisements in a newspaper of which he is the owner or part owner; or
(b)	the supply to him by the council of any service in like manner and subject to the like conditions applicable in the case of persons who are not aldermen; or
(c)	the performance by the council at his expense of worlc in connection with public ways or sanitation; or
(d)	the occupation of public ways by him during the erection of buildings; or
(e)	the making good by him without payment of any damage to public ways caused by him, or the payment by him to the council of the cost of making good such damage; or
(f)	the renting of any land from the council by him in any case where the agreement was made before his election; or
(g)	the renting by him from the council of a building hall or room for the purpose of holding a meeting or entertainment therein; or

(H)

470 Sydney Corporation Act.

No. 53, 1932.

(h)	the payment to or by the council of any claim in respect of a dividing fence; or

(i) the settlement by him of any claim he may have against the council for compensation in respect of property in which he has an interest upon the resumption of the same by the council under its statutory powers.

Members of

J^eiiislative	26. Members of the Legislative Council and Legislative
Council and

Assembly	Assembly respectively may claim exemption from serving
exempt.	in any civic office.
Act No. 35, ]002, s. -25.

Returning

27. (1) The returning officer for the election of aider-

aliicer.	men shall he the town clerk or such other citizen as the
Ihid. s. 20.	Governor may appoint in that behalf by notification in the Gazette and one or more newspapers.
(2) The returning officer shall appoint in uniting under his hand presiding officers to conduct such elections within the respective wards.
If any such officer is prevented from attending by unavoidable accident, a substitute with like powers may be appointed in the same manner.
of aldermen.

Nomination

28. (1) On and after the tenth day, and until noon

Ihid. s. 27.	of the fifth day next before any election of aldermen,,
Aet No. 34,	any two citizens qualified to vote in any ward may by
1029, s. 3	writing nominate to tlie returning officer, for election in
(3) (c).	tliat ward, one other citizen and no more.
No such nomination shall be received and no proceedings in respect of the same shall he taken unless it be accompanied by a consent to such nomination signed by the person nominated.
(2) On the two days next before the election, and on the day of election, there shall he published under the hand of the returning officer in two newspapers, the names and residences of all citizens so nominated, speci- fj’ing their wards and the names and residences of two at least of their nominators.

Kiection	29. If, at any election of aldermen, no greater number
when no

opposition.

of persons in any ward are nominated for election than

Act No. 35,

the number then to be elected, the returning officer shall

1902, s. 2-H

declare, in manner hereinafter provided, each person

nominated to be duly elected.

Sydney Corporation Act.

30. Every person nominated may appoint a scrutineer

‘

on Iiis behalf at the election for which such r)erson may be nominated, to act at each polling-place, and one scrutineer to represent him upon the examination and ^et No. :u,

count of the votes. Each such scrutineer before so acting s.; (a),

shall subscribe and make a declar;ition in the form in

tlie Eightli Schedule hereto.

Eigiuii

^	SchcH'uIo.

31. (1) For every election of aldermen the returning Polling

officer shall cause booths to be erected or rooms to be

provided at one or more polling-place or polling-places 191̂ )"

in and for each ward as he may deem necessary, and shall

cause such booths or rooms to be so divided and arranged

as to carry into effect the provisions of this Act with inner

compartments opening only into the room in which the

ballot-box is placed, and supplied with writing materials

so that the voters may fill up their ballot-papers in secrecy.

(2 ) Every person wilfully intruding into any com partment shall be deemed guilty of a misdemeanour, and may be forthwith given into custody by the presiding officer and dealt with accordingly.

32. (1 ) The returning officer shall also cause to be naiioMicxes, furnished for the use of each polling-place printed c o j^ ie s^ 'I’Eieti- of the roll, and a sufficient number of ballot papers,

according to the form in the Ninth Schedule hereto,

together with a ballot-box with a secure lock and with Sohduic.

an aperture for the reception of the ballot-papers, and

shall appoint a poll clerk.

(2) A public notice of the situation of each polling- place shall be published by the returning officer in any two daily newspapers published two days before the day of election.

33. There shall be one key only to each ballot-box, Key of i.aiiot-

which the returning officer shall always keep, and the boxes shall be by him locked before the election and unlocked after the election.

34. The voting shall at every election commence at Hom;; of

eight o’clock in the morning, and shall finally close at™ting.

half-past seven o’clock in the evening of the same day,

unless adjourned as hereinafter provided:

Provided

472 Sydney Corporation Act.

No. 58, 1932.

Provided that if at the last-mentioned hour any citizens are in the polling booth and desire to vote, the votes of such citizens shall be taken, and for that purpose the voting shall not close until such citizens have voted.

Mode of	35.	(1) Each citizen shall enter unattended, unless in
voting.

Act. No. .t.5,	case of necessity, into the booth or room in which the
1902, s. 34.	ballot-box is kept, and thereupon the presiding officer or
Act No. 22,
1917, s. 3.	poll clerk, having marked off the name of such citizen

Act No. 34on a copy of the roU specially provided for that purpose 1929, s. 7(b). (which shall be prima facie evidence of the identity of

such voter with the person whose name shall be so marked off on the roll and of the fact of his having voted at such election), shall give him a ballot-paper according to the

Ninth

Schedule.	form in the Ninth Schedule hereto, after initialling the same on the back.
(2) Such citizen shall take such ballot-papers into an inner compartment and there without delay place a cross opposite the name of every candidate for whom he intends to vote, 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) No two voters shall be in the same imier compartment at the same time.
(4) Every voter shall vote for the full number of aldermen to be elected for the ward and no more, other wise the vote shall be rejected as informal.

Postal voting.

30_ (1 )

person claiming to vote at any polling-

Ih d . s. 7 (e). p j ^ p 0

—

(a) does not reside within the city; or

(b)	though he resides within the city is seriously ill or infirm, and by reason of such illness or in firmity will be precluded from attending at the polling booth to vote, or in the case of a woman will, by approaching madernity, be precluded from attending at the polling booth to vote—■

may not later than the third day before any election of aldermen apply to the Returning Officer to be allowed to vote by post.

(2)

Sydney Corporation Act.

473

(2) Tlie provisions of sections 114a to 114m , botli

‘

inclusive, of tlie Parliamentary Electorates and Elections Act, 1912-1929, shall, mutatis mutandis, and with such modifications, amendments, or alterations as may he pre scribed by the by-laws, apply with respect to any such application and the recording of a vote by the applicant if a postal ballot-paper is issued to him liy the Returning Officer in pursuance of the ajiplication aforesaid.

(3) The postal ballot-paper and the postal \'ote certificate referred to in the said sections of the said Act shall tor the ])urpose of this section be in or to the effect of the forms in the Tenth Schedule to this Act.

Tenth

S c l

c d u l o .

37. Any presiding officer, scrutineer, or poll clerk may I’nsiaing

vote in any ward other than that in which he acts, by

immediately before the examination of the contents of Act No. 35,

the several ballot-boxes, depositing his ballot-paper in the	35-
ballot-box for such ward.

38. In case any citizen dt'sirous of voting is blind, or uiina or

cannot read, the presiding officer shall openly in the

baUot-room place a cross opposite the name of any ma, s se.

person nominated upon such ballot-paper for whom the Act No. 2-2,

citizen shall declare his intention to vote, and shall there- i'” ".

upon exhibit the same to the scrutineers.

39. At the close of the poll the ballot-boxes shall b e o f

sealed up or otnerAvise secured by the several presiding

officers in the presence of such scrutineers as choose to 11102, 9. .37.’

attend, so as to prevent any ballot-papers being taken

therefrom or inserted therein, and shall forth\vith be

conveyed by the presiding officers to the Town Hall, and

be delivered to the returning officer.

40. (1) Immediately after such delivery to the return- nea.imtion

ing officer of the said boxes, the whole of the ballot-papers ciVaion.

shall be examined, and the votes counted by the returning ma. s. 3s.

officer and such other presiding officers and scrutineers

as may attend, and the residt of the election shall be

thereby ascertained, and shall be reported to the Lord

Mayor by the returning officer.

(2) The Lord Mayor shall, on the second day after the election, declare in the Gazette which shall then be published expressly for the purpose, and In' two news papers, the names of the aldermen so elected for the

several

474 Sydney Corporation Act.

’	'several wards, and the town clerk sliall send by post a separate notice in writing of his election to every such alderman, addressed to his usual place of abode.

Uispofaioi 41. (1) All such ballot-papers, together with the

i>aiiot-papers. polling lists used thereat, shall be sealed up and deposited

Act No. 35,	'	by the town clerk with the records of the council, and the
11J02, s. 39.
sealed packets containing the same shall be endorsed as being the papers connected with the election to which they relate.
(2 ) In case any question auises touching the election, such papers, upon production thereof, with a certificate thereon under the hand of the town clerk that the same were so in his custody, shall be received as conclusive evidence of such being the original papers in any legal proceedings.
(3) After three months such packets with their contents may be destroyed.

Declaration

42.

(1 ) Before any person claiming to vote shall be

by voter

permitted to vote he shall make and subscribe before the

fg24^°'0 (a). presiding officer a declaration in the form contained in

Act No. 7,

Eleventh

the Eleventh Schedule hereto.

Schedule.

(2 ) The presiding officer may, and at the request of any scrutineer shall, put to any person claiming to vote all or any of the followung questions :—

(a) Are you the person whose name appears as

number

on the

citizens’ roll for this ward ?

(b) Are you of the full age of twenty-one years ?

(c)	Have you already voted either here or elsewhere at this election ?

(d) Are you disqualified from voting ?

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

Sydney Corporation Act.

475

(4) Xo person shall be allowed to vote unless he makes such declaration and (if asked) answers such questions satisfactorily,

(5) If any person refuses to answer fully any question put to him by the presiding officer, or by his answer shows that he is not entitled to vote, his claim to vote shall be rejected.

43. When any extraordinary vacancy occurs in the r:xUa-

office of alderman the citizens entitled to vote shall, iipon a

day to be fixed by the Lord Mayor not exceeding fourteen Irki'miiK

days after the occurrence of such vacancy, of which day Act Xo. .'in,

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.

44. Where the proceedings at any election of aldermen Aiijouniment

are interrupted or obstructed by any not or open violence a c c c u n to f

the poll may be adjourned to the following or such other in tom ip t io n s .

day and hour as the presiding officer shall determine and

declare, and if necessary shall be in like manner further

adjourned until all interruption or obstruction has ceased,

when the poll shall be resumed.

45. If from any other cause any election of an alderman \ajouniment

shall not take place on the day appointed for the same it eau"ê '̂ '

shall stand adjourned until the same day of the following	s. 4,-j.
week, of which three days’ previous notice shall Ijc given by the returning officer in the Gazette and in one or more newspapers, and the alderman going out of office shall continue in office until after such adjourned election.

46. In the event of the number of votes being equal

for any two or more candidates the returning officer shall i„ c;iso of have a casting vote and give the same in writing and i>fy- thereupon declare which of such candidates is duly

elected.

47. Xo election under this Act shall be questioned by Kiection not

reason of any defect in the right or title to act or any ,\efe,/ts! want of right or title to act on the part of any returning md s. or presiding officer if he has really acted at such election,

nor by reason of any formal defect in any declaration or other instrument or in any publication under this Act.

Nor

4 7 6 *

Sydney

Corporation Act.

Nif 58 1932*

♦

•

■ _i_

'Nor shall any of the proceedings of the council afterwards be rendered invalid thereby, and no advantage shall be taken of any such defect respecting any such election in any action brought in any court of justice.

Void or	48; In case no election of the Lord Mayor or of any
lapsed

election.	alderman takes place upon the day provided for such
Act No. 35,	election, or if in case of any such election being held, the
1902, s. 4fi.	same is afterwards declared void, whether through the default of any officer concerned in such election, or by any accident or other means whatsoever, the corporation or council shall not thereby be deemed to be dissolved or to bo disabled from taking any necessary steps for the election of a Lord Mayor or alderman for the future.
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 were held upon the day or within the time originally appointed for that purpose.
Extraordin.iry
elections

49. Subject to the provisions of this Act, every election conducted as iti upoH ally extraordinary vacancy in any civic omce snail

ordinary

elections.	be held and carried out in all respects in the same way as
Ib id . g. 47.	an ordinary election for the same office.

Oath of 50. Everv Lord Mayor and alderman shall previously anddedara- actiiig as such take the oath of allegiance to His

tion of office Majesty, and make and subscribe the following declaration

lU d. s. 48

o f office and transmit the same to the town clerk.

I,	, having been elected Lord Mayor (or alderman) of the city of Sydney, do hereby declare that I will didy 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 four teen days after notice of his election shall be deemed a refusal to accept office.

Absence	51.	Every citizen holding the office of Lord Mayor or
from council

meetings.	alderman who is absent from his official duties or the
Ibid. s. 49.	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.

Sydney Corporation Act.

477

52. (1) An extraordinary vacancy in tlie office of a

-A_ '

Lord Mayor or alderman shall be held to occur upon any

of such persons ceasing to hold office before the expiration extraoixiinary

of the period for which he has been elected or is entitled

1 T

iY*

Ac: rso. 35,

to nold omce.

1902, s. so.

(2) Whenever, in consequence of absence from umfl”

illness or otherwise, it is not possible for any alderman, or town clerk, or any other officer or person to perform any duty which by this Act he is directed to perform the Lord Mayor may appoint any other alderman or person to perform the same for the time being.

(3) If the Lord Mayor is absent or is about to be absent from New South Wales, or is absent from his office by reason of illness or otherwise, the council may appoint an alderman as deputy.

During such absence of the Lord Mayor such deputy shall perform all the duties and exercise all the powers imposed or conferred on the Lord Mayor, and shall preside at all meetings of the council at whicJi he is present.

53. (1) The provisions of section one hundred and Bribery and

eleven, one hundred and twelve, one hundred and thirteen,

one hundred and fourteen, one hundred and thirty, one iso2, s . ' m .’

hundred and thirty-five, one hundred and thirty-six, one Aet No. 31,

hundred and forty-seven, one hundred and forty-eight,	^
one hundred and forty-nine, one hundred and fifty, and one hundred and fifty-one of the Parliamentary Elector ates and Elections Act, 1912-1929, shall, mutatis mutandis, apply to all elections held under this 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 Avith his knoAvledge and consent shall disqualify him from holding or acting in any municipal office during the period of t\Am years next folloAving such commission.

54. No action or suit shall be maintainable by any v/hat actions

publican or any owmer or keeper of any shop, booth, tent,

or other place of entertainment against any candidate or kmdidates,

any agent of any such candidate for any liquor, food,

or refreshment of any kind, Avhether for man or beast,

supplied

’

478 Sydney Corporation Act.

No. 58, 1932.

supplied upon the credit of any such candidate or agent as aforesaid during the progress of any such election under this Act.

Penalty for

55. If any person having or claiming any right to

offering or

taking	vote in any election of Lord Mayor or alderman under
reward for
voting or	this Act asks or takes any money or other reward by way
abstaining	of gift, loan, or other device, or agrees or contracts for
from voting.	any money, gift, office, employment, or other reward
Act No. 35,
1902, s. 53.	whatsoever, to give or to forbear to give his vote in any such election, or if any person l)y himself or by any person employed by him, by 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.

►Second	56. Any person who votes or attempts to vote a second
voting and

personation.

time in the same ward at the same election for any

s. 54.

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.

Lord Mayor

57. The Lord Mayor shall, during his mayoralty, be

ex officio a

justice, kc.	ex officio a justice of the peace for the State, and shall
Thid. 8. 55.	preside at all municipal j)roceedings, and shall have
Act No. 34,
1929, 8. 8 (1)	precedence in the city and in all other places on all occasions
(c).	next after members of the Legislative Assembly.
Disputed

elections or

58. (1) If it appears upon affidavit that any person

exercise of	declared to be elected Lord Mayor or an alderman, has
office.	been unduly elected, or that any person has been elected
Act No. 35,
1902, s. 56.	to, or holds, or exercises such office of Lord Mayor or alderman, and is incapable, under the provisions hereof, of being or continuing such Lord 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 the said office.
(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

Sydney Corporation Act.

479

hereof of being or continuing such Lord Mayor or alderman, as the case may be, 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 by either party, as the Court deems meet.

(3) The person against whom any rule is made absolute as aforesaid shall be deemed thereby to be ousted of such office accordingly.

(4) No such rule or order shall in any case be granted if, at the time of the application for such ruh; or order, more than one month has elapsed after the election, or after the time of the disqualification of the person against whom such application is made.

59» All acts and proceedings of the council, or of Proceedings

any person holding the office of Lord Mayor or alderman.

and acting as such shall, noLvithstanding it is afterwards not'inAiid

discovered that there was some defect in the election appodument

of any such person, or that he was disqualified, or had

not duly made such declaration as aforesaid, be as valid '902, .s. 57.

and effectual as if such person had been duly elected or

qualified, or had duly made such declaration.

PART VI.

A ppo in tm en t

Offic e r s .

60. (1) The council may nominate any person or inspector of

persons for the position of inspector of nuisances or sanitarv inspector of the city, and the Governor may

appoint any person so nominated at such salary as he 1932/ 3°’ 3. ’

thinks fit.

(2) salary shall be payable out of the city fund.

On such appointment being so made such

■

61.

480 Sydney Corporation Act.

' 61. (1) The council shall appoint a town clerk, a

city treasurer, a health officer (being a duly qualified

Act No 35 J îedical practitioner), a city engineer, and a city surveyor,

1902, s. 59.’ and such other officers and servants as may be necessary,

and shall, either at the time of their appointment or from time to time, by special resolution of the council in that behalf, or by any by-laws, assign to them respec tively such duties, salaries, wages, or other remuneration as the council may deem right.

(2)	Every such officer or servant who, by 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 sucli 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.

Custody of

seal and

62. The town clerk shall have the charge and custody,

muniments.	in the Town Hall or such other place in Sydney, as the
H id. 3. 60.	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 books, letters, and documents not relating to accounts.

suspension

63. (1) The Lord Mayor may suspend any officer or

servant of the council guilty in his opinion of misconduct

Ibid. s. 61. or neglect, and may appoint a substitute, taking from

him if deemed necessary security for the faithful discharge

of his duties :

Provided that the Lord Mayor shall report the matter to the council at their next meeting, and that such sub stitute 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 be entitled to any salary

or wages after the day of suspension.

Collectors Evory collector or other officer appointed or to pay over ' employed by the council to collect money shall, within

zbid.s.h.

three

Sydney Corporation Act.

481

three days after lie lias received any moneys belonging	—b.	*
to the corporation, pay over the same to the city treasurer,

■whose receipt shall be a sufficient discharge for the same,	civd-moneys.
(2) Every such collector or officer shall, within such time and in sucli manner as the council may by any by-law or otherwise direct, deliver to the council true and perfect accounts and statements in writing under his hand of all monevs received bv him.

65. If any such collector or other officer fail to render I’emiity on

such accounts or statements as aforesaid, or to produce

and deliver up all the vouchers and receipts relating to Aet No.

the same in Ids possession or power, or to pay any moneys

of the corporation tliat may be in his hands when there

unto required, or if for three days after being tliercunto

required he fails to deliver up to the council or to any	,
person appointed by the council to receive the same, all boobs, papers and ^v îtings, property, effects, matters, and things in his possession or power relating to the execution of his office or belonging to the coqooration 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 smnraons, to answer such charge.
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 summary way, and may adjust and declare the balance owing by such officer.
If it appear, either upon confession of such officer or upon inspection of the accounts or other evidence, that any moneys of the corporation are in the hands of such officer, or owing by liim 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 be 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.
Any officer employed by the council who shall wilbdly destroy any documents of or belonging to the council shall be deemed guilty of a misdemeanour.

66.

482 Sydney Corporation Aet.

No. 58, 1932.

66. If any person duly autliorised by the council to

Remedy

against	act on behalf of the corporation makes oath before any
absconders.	justice that he truly believes, upon grounds to be stated
Act Xo. 35,	in his deposition that it is the intention of any such
1902, s. 64.	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.
Xo 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 such order, unless such officer give bail to the satisfaction of such justice for his appearance at the time and place appointed to answer the complaint of the corporation.

Not to	67. No such proceedings or other dealing with any
allect other

remedies.

such officer as aforesaid shall prejudice or affect any

Ihid. s, 65.

remedy which the corporation may otherwise have by

any existing law against such officer or his surety.

PAET VII.

C o u n c i l

M e e t i n g s .

Xolice of	6 S . Notice of the time and place of every intended and shall be left at or 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 the intended meeting, and such notice shall state the business to be transacted at the meeting, and no other shall be entertained.
iiieftiiig,	meeting of the council shall be signed by the town clerk,
Ihid. 8. (iT.

Sydney Corporation Act.

483

69. (1 ; The Lonl Mayor may (-all meetings of the coimcil when lie tliinks fit and for snch purpose shall <lirect the proper notices to oe sent l)y the town clerk.

\ot Xcr :̂ 5

(2 ) The Lord Mavorhedl. on receiving a requisition '

in Avriting in that hehalf. signed l)y at least live aldermen, stating the ohjects for wiiicii tliey require a .special meeting, call the sam:'.

If the Lord Mayor refuses or delays for seven days to ■call such jneeting, the aldermen making such recpiisition may call such meeting, and may by writing under their hands direct the town clerk to sei\d the requisite notices ■for the same.

70. The quorum of members of council for transacting Ouonnu.

busiiiC'SS shall l.'C seven, ami if that number be not	lic.
asscjulded wirhin nftcou miiuds's after the hour fixed the	,y’*’
meeting sliall Jajisc.
If the Lord Mayor he ])rescnt lie shall ha,ve the power of ixdjourning sucli meeting till any other day named by h.im.

71. The

Lord

Mayor,

if im'scut, shall ’preside

at a l l c i i a m n a n .

meetings of t!ic eouneil, or of anv committee of which

he is a member, a.nd in Ins alisence tiie aldermen ]n'csent	'
shall elect one of tlieir number to be chairman for the •occasion, and in case of an equality of votes for tlie election of a chaii'inan, tlie ehairiuiui shall lie chosen by lot.

72. All questions of whntovcr kind at any meeting

shall be decided l)V a majorit}' of the votes of m em b e rs 1̂ 7 *̂7!" '

present; but in case of an eiiiialit}' of \-otcs, the chairman

shall have a casting vote.

73. (1 ) The council may spjioint from their own jjody .aiiA’ committee of anv numlier not less than eight for anv purpose which would, in tlc' o])inion of the council, be better eft'ected by such cominitt'ce. witli such iioAveis as the council shall appoint, and may lix the quorum of such ■committee, in default of which live shall be a quorum.

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

(3)

484 Sydney Corporation Act.

No. 5^1932.

every sucli committee shall be submitted to the council for approval, and if not confirmed shall have no validity.

Minutes. 74. Minutes of every meeting of the council shall be

posted into a book to be kept for that

Act No 39 purpose, and shall be read at the next succeeding council

1905, s. 4 (i). meeting, and if approved as correct shall be signed by

the chairman of that meeting as being read and confirmed:

Proviso.

Provided that the council may at any such meeting,

* ■

̂ by resolution without notice passed unanimously by the

members present, authorise such chairman to sign such

•	minutes as being read and confirmed without such minutes being actually read, and thereupon such chairman shall sign such minutes as being read and confirmed.

PART VIII.

T h e

R e g u l a t i o n

o f

P u b l i c

W a y s .

Public ways	75.	(1) All public ways in the city of Sydney now or
vested in

council.

hereafter formed shall be vested in, and under tlie control,

Act No. 35,

management, and direction of the council, who shall

1902, s. 74.

have full power to alter, widen, level, divert, extend, construct, improve, maintain, repair, and order such public ways and tlie footpaths thereof, and to carry off any water, mud, or filth tlierefrom b'- 'Haans of sewers, channels, or drains, or otherwise, subject to the provisions of this Act, and any by-laws made by the council in that behalf.

(2 ) No public way shall be opened, altered, widened, diverted, or extended, or the ividtli of the foot path 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.

Sydney Corporation Act.

48S

No. 58, 1982,

76. (1) For tlie purpose of opening, altering, widening,

diverting, extending, or closing any public way or a portion

purchase,

Pov.

of a public way in the city, the council may—

.sell, or

excha’i^e

(a) purchase any land;

land for street

purpo.ses.

(b) exchange any portion of a public way vested in the council for land required by the council for

Act Xo. 35,

11)02, a. 75.

any of the aforesaid purposes;

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

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

(2)

this section shall be valid until the same has been sanc

tioned by the Governor, and notified in the Gazette.

No purchase, sale, or exchange of land under

77. (1) Without limitation of any other power con

i-f. Act

ferred by this or any other Act the council may widen any	No. 41, 1919,
public way by including in the carriage-way the whole or	s . 2G\.
a part of the footway, and acquiring from an owner of	Act No. 7,
1924, s. 6 (c).
abutting land any land reqvdred for the whole or a part of a new footway, subject to a reservation of specified rights in favour of the owner.

(2 )	Any land required for widening a public way

in accordance with this section may be acquired, subject to a reservation of such of the following rights in favour of the owner as the council may at or before the time of acquisition determine, that is to say—-

(a)	a right to the ownership, possession, occupation and use of any existing building, room or cellar, so far as the same is at a specified height or depth above or below the level of the new foot way, and subject to tlie right of the council to make such structural alterations as may be recpiired;
(b)	a right to erect any buildijig in accordance with the provisions of any Act relating to the erection of buildings in the city at a specified height above the level of the new footway, and to own, possess, occupy and use the same;
(c)	a right of support for any building coming within paragraph (a) or paragraph (b) of this subsection.

486 Sydney Corporation Act.

IJo, 58, 1932.

78.	(1) The council may cause any aligned public way

P,ealign-

ment.	to be realigned under the Public Eoads Act, 1902, in
cf. Act	order to widen the way.
No. 41,1919,

s. 262.

(2) Any realignment under this section may be

Aet No. 7,	carried into effect by the accjuisition under this Act or any
1924, g. 6 (c).
Act No. 34,	amendment thereof of the necessary land, or under the
1929, s. 12	succeeding provisions of this section relating to the
(a) (b).	realignment method of acquiring land, or by a combina tion of these methods.
(3) Where the council proposes to apply the realignment method of acquisition to any lands affected by a realignment it shall serve notice accordingly upon the owners of lands affected; and until such notice is served the interests of such owners shall not be affected by the realignment.
(4) A plan showing the realignment shall be lodged by the council in the office of the Registrar-General.
Compensa	(5) Under the realignment method compensation for any injurious effects suffered by reason of such realignment may be claimed, but shall be limited to payment of the value of the land taken from aiiy owner by reason of the realignment, together with the damage, if any, caused by the severing of the land from other land of the owner.
tion.
■ Such value and damage shall be ascertained and such compensation shall be payable as at the date rvhen such land is cleared of buildings and obstructions by the owner or lessee, whether for the purpose of rebuilding to the new alignment or not, and, subject to the provisions of tliis section, from that date the land shall vest in the council for a public way.
(6) In ascertaining the compensation effect shall be given by way of abatement to any enhancement by reason of the widening of the public Avay in the value of the interests of the owners in any land adjoining the land taken.

Prohibition of

(7) Where any public way is realigned, and where

construction

realignment method is applied, the owfier of any land

repair of

01’ bmicling 01 woik affected by such rcaugmnent shail

worur^’

construct, build, place, reconstruct, rebuild, replace

Sydney Corporation Act.

487

or repair any building or work, or portion of a building or work, standing upon the land between the old alignment and the new :

Provided that the council may approve the execution of minor and not .substantial repairs and improvements

in order to permit of the reasonable preservation and

■

temporary use of any existing building or work, but not

so as to violate the intention of this section.

(8) Whether or not the council has elected to i’owert.i

apply the realignment method it may at any time, and

notwitlistanding any such election, decide to purchase ^̂ ligumcnt

or resume any or all of the lands affected by the re

alignment.

(9) Notwithstanding the provisions of the Public when the

Roads Act, 1902, the land between the old alignment

and the new shall not form part of the way until the load.

council has acquired title to such land, and has notified

the fact in the (lazette, or a dedication thereof as a public

way has been effected.

(10) In any case where compensation may be claimed under this section, such claim, in case of dispute, shall be made and determined in the same manner as a claim for compensation for the resumption of land under the provisions of Part XVI of this Act.

79. (1) No street, lane, or alley .shall be formed within 'Vidth and

the city unless such street be of the width of sixty-six

feet at least, and such lane or alley of the width of twenty Act Xo. .35,

feet at least in every part thereof respectively.	s. 76.
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)

more entrances thereto of the same width as the lane, and

one of such entrances at the least shall be uncovered.

Every such lane or alley shall have one or

. (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.

488 Sydney Corporation Act.

Ho. 58, 1932.

80.	(1) Every person wlio hereafter proposes to lay

Public ways

on private	out upon his own premises within the city a public way
land to l)e
formed by	shall before so doing deposit with the town clerk plans
owner.	and sections signed by the owner, showing the direction,
Act No. 35,	width, and levels of any such proposed public way.
1902, s. 77.	iSfo person shall lay out or form the same until he shall have received a notice from tlie 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 suchintended

public way to be formed and ballasted to the approved level in accordance with any special notice in that behalf from the town clerk, and in the absence of any such notice, according to auy by-laAc duly made in that behalf, before the council shall be required to take over the management, control, and direction of such public way.

Or by couiu.il

31. (1) If auy pcrsoii intending to lay out or form any

in his default.	such public way fail to do so for three months after the
Ihid. s. 78	sending or service of any notice from the town clerk, requiring him so to form such public way as required by 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 book open to the inspection of any citizen free of charge.
Cost recover	(2) Within oire moirth after such public Avay has been formed and conuileted by them, the council shall caeise an account of the cost thereof to be served upon the owner who caused the same to be so laid out, or his agent.
able from
(3) If within fourteen days after such account lias been so served the amount is not paid to the city treasurer, the council shall have the like remedies lor recovering the same as in the case of any city rate.

Dedication of 82. (1) Everv such public way shall, when formed and

jiubiic ways, completed, be I’cld to be for over dedicated to the public

Ihid. . 79.

use.

(2)	Every such public way formed, either at the

public expense or otherwise, prior to the fourth day of Jidv, one thousand eight hundred and seventy-nine, and all public ways formed or to be formed thereafter shall be

held

Sydney Corporation Act.

489

held to have been and to be I’loiu the time of the formation and completion of the same for ever dedicated to the public use.

83. The Governor may bv Jiotice in tlie Gazette permit K-̂ umiitiou

any owner ot any lajul formed into a ])ublic way and. so pufiii-way in dedicated to the jmblic use to resume the possession for ceitam oases, 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 provisions of this or any other Act in that behalf, subject to sucli terms, conditions, and provisions as are prescribed in such notice.

84. Notwithstanding anything to the contrary Lanes umici-

contained in this Act, the council may, with the approval which is under the width of twenty feet.

of the Governor, approve, accept, and take over any lane taken over,

in the city formed and made prior to the fourth day of lSiv;. s. s i .

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.

85. (1) Whereit is expedient for publicuse,convenience, Taking over

or safety or for preventing unsightly or insanitary c o n - _

ditions that any way should be under the control, manage- locti .s.'̂ eld),

ment, and direction ot the council, the council may,

notwithstanding any provision to the contrary in this

or any other Act, take over the way in accordance with

this section.

(2) The way shall not be so taken over unless the approval of the Governor is first obtained.

(3) Before the approval of the Governor is given, the council shall give notice that it intends to take over the way, to the owners of premises fronting, adjoining, or abutting on the way, and any such owner may within one month lodge any objection with the Minister for consideration by the Governor.

(4) The approval of the Governor shall he notified in the Gazette, and a copy of such Gazette purporting to be printed by the Government Printer shall be con clusive evidence of the approval, and that it is expedient within the meaning of subsection one of this section that

the

490 Sydney Corporation Act.

No. 53, 1932.

the way should be under the control, management, and direction of the council, and that the provisions of sul)- section three of this section have been duly complied with.

(5) From the date of the notification the way shall vest in the council as a public way, and shall thenceforth be under the control, management, and direction of the council for all purposes of this Act and of any l)y-law made thereunder.

(6) Where the way has not been levelled, paved, macadamdsed, drained, or otherwise fully completed to the satisfaction of the council, the council may, either before or within one year after taking over the way, level, pave, macadamise, drain, or otherwise fully complete tlie same.

All the expenses incurred in so doing shall be paid by the owner of the premises fronting, adjoining, or abutting on the way, or if there is more than one such owner, by .the respective owners of the premises in such proportions as the council may determine.

(7) In determining the proportion of such expenses to be paid by the respective owners, the council shall have regard to the benefit to be derived by any premises from such works, and to the amount and value of any work done on or in respect of the way by the owners or occupiers of any such premises.

(8) If within fourteen days after the service upon any such owner of notice of the amount of tlie e.\])enses so incurred or determined, such amount is not ])aid to the city treasurer, the council shall have the like remedies for recovering tlic same as in the case of any city rate.

(9) For tlie purposes of this section “way"’ means way, lane, court, square, or alley or portion thereof within the city used as a thoroughfare or as a means of access to the properties of two or more owners, lint does not include any land of which the owner is known to the council, or of v-hich the owner can be ascertained from an official search under section one Imndred .and ninety- seven of the Conveyancing Act, 1919-1930.

(10) This section applies to any way \\hetlicr formed or not, and whether existing before or afrer the commencement of the Sydney Corporation (.Viiiend- inent) Act, 1924.

S6.

602 Sydney Corporation Act.

No. 58, 1932.

a n d

co u n tersign ed

b y

th e

to w n

clerk ,

sh a ll

prim a

fa c ie

ev id en ce

o f th e or o f th e sign atu res o f th e L ord M ayor or to w n clerk .

fa c ts

th ere in

s ta te d

w ith o u t

proof

o f

th e

affix ing

th e

sea l

Defences

(3)

In a n y

su ch

proceed ing to

recover th e a m o u n t

a n y ra te

availal)Ie.

th e

d e fen d a n t

sh a ll

n o t

b e

a llo w ed

raise

a n y

q u estion

law

fa c t e x ce p t as to a m a tter w h ich

b y th is c lau se th e p la in tiff m u st p rove ,

or e x ce p t th a t he is n o t th e ow n er of th e la n d su b ject to th e rate.

Question of

(4) sh a ll be o u sted on th e ground

a n y

su ch

proceed ing

ju r isd ic tio n

oth erw ise

c o m p eten t

title not to	th a t su ch	proceed ing ra ises a	q u estion
be raised.

o f t it le to lan d or affects th e t it le to a n y land . B u t no order or ju d g m en t in a n y such proceed ing sh all b e a d m issib le in a n y court as ev id en ce

tit le .

Council may	7.	(1)	W h en a n y ra tab le lan d is u n occup ied ,	and th e ra tes accrued
take posses

sion of	in resp ect th ereo f under th is A ct h a v e been un p a id for four years,
unoccupied	th e co u n c il m a y , su b ject to th e co n d itio n s and a fter th e n o tices p re
land for	scr ib ed ,—

arrears of	(a)	ta k e	p o ssessio n	of	th e	la n d ;
ratc.s.

L.C. Act,	(b)	ho ld th e land a g a in st a n y person;	and
1906, No. 56,

s. 148.	(c)	lease th e lan d from tim e to t im e for a n y term n o t ex ceed in g sev en years.
Accounts of	(2)	T he council, a fter so ta k in g p ossession of a n y la u d , sh a ll keep
receipts and

of moneys

a c co u n ts—

due in respect

(a)

o f th e ren ts and o th er m o n ey s received b y i t in res])ect of th e

of land.

lan d ,

less th e

ex p en ses o f and in c id en ta l

th e

g iv in g of th e

prescribed

n otices ,

and

th e

le tt in g an d

th e co llectio n

th e

ren ts of th e la n d ;

|b )

o f th e ra tes and

th e in te re st th ereon ,

an d oth er su m s

due to

th e co u n cil in

resp ect o f th e land .

Application

(3)

T he

m o n ey s

rece iv ed

sh a ll

a p p lied

d efra y in g

th e

of moneys.

ex p en ses

necessarily

incurred

b y

th e

co u n cil

g iv in g

th e

n o tices ,

e x ec u tin g th e

lease,

c o llec tin g su ch

ren ts a n d m o n ey s,

an d in

p a y in g

th e

ra tes

a n d

in te re st

a n d

o th er

ex p en ses

d u e

resp ect

o f th e

la n d .

T he resid ue

(if an y)

of su ch

m o n ey s sh a ll b e lo n g to su ch

person as

w o u ld ,

w h en

th e

sam e

r esp e ctiv e ly

w ere

received ,

h a v e

b een

e n tit le d

to receiv e th e ren ts and profits o f th e land if th ese p ro v isio n s liad

n o t

b een

en acted .

(4)	W ith in s ix te en y ea rs a fter th e la n d h as been so ta k en p ossession

Persons

entilled may

o f b y th e cou n cil, a n y person w h o, b u t for th e p rov ision s of th is S ch ed u le ,

demand land

w o u ld be en tit led to th e land m a y in sp ec t th e a cco u n ts k ep t in pursuan ce

within

of th is c lau se ,

a n d m a y require th e cou n cil,

o n p a y m e n t o f th e b a lan ce

specified

period.

(if a n y ) duo to th e cou n cil, to p u t h im in p o ssessio n of th e lan d , su b je c t

a n y

lease

la w fu lly

m ade

b y th e

co u n cil under th is S ch ed u le .

Council shall

(5)

T he

co u n c il sh a ll co m p ly w ith

such

req u irem en t,

a n d ,

if th e

yield posses-

b a la n ce is

th e

a cco u n ts

a g a in st th e

co u n c il,

sh a ll p a y

such

b a lan ce

to th e

p erson aforesa id .

A n y te n a n t

th e

co u n cil sh a ll a tto rn to

th e

p erso n so

p u t in p o ssessio n of th e lan d .

(6)

Sydney Corporation Act.

003

(6 )

U n less som e person w ith in th e sa id s ix teen years so requires

’

th e cou n cil to jiu t h im in p ossession of th e land , th e land and a ll ren ts Council may a n d m o n ey s received b y th e co u n cil in resp ect thereof sh a ll, on th e retain laml.

ex p ira tio n

su ch

s ix te en years,

v e s t

a b so lu te ly in th e

council.

T W E N T Y -S E C O N D	S C H E D U L E .	Sections	141,
147.

No. of Act.

Title of Act.

E.Ktent of suspension.

5 9 V ic. N o . 15

L and A sse ssm e n tA cto f 1895.

an d

In com e

T ax

S u b sectio n s (v ii) and (v iii)

sec tio n

17,

and

th e

w ords in su b sectio n

(iv)

o f

sec tio n

15,

‘‘ e x ce p t

from

lan d

su b jec t

I	lan d ta x	as	hereinafter
I	si;ccifica lly	e x c e p te d ,’’

59 V ic. N o . 15

L and A ssessm en t A c t o f 1895|

an d

In com e

'la x j

61 V ic . N o . 21

L and (A m end m en t) A ct, 1897

an d In com e

T ax ( So m uch as rciat?s to

[	lan d va lu es ta x a tio n .

62 V ic. N o . 37

L and (D eclaratory) A c t ,1898' J

an d

In com e

T ax| j

59 V ic. N o . 16

L and T a x A ct of 1895 ...

'Ihc w hole.

A c t

N o .

28,

L and

'Tax

(A ssessm ent

1900.

I’oolcs) A c t, 1900

...

The

w h ole .

A c t

N o .

46,

L and

T ax (C ontribution)

The

w hole.

1900.

A c t, 1900

..................

A c t

N o .

115^

L and

T a x

(L eases)

A ct,

1902.

’

1902

..................

The

w h ole .

T W E N T Y -T H IR D

S C H E D U L E .

8 ec.

ScAi.K

Maximum Rates op Market P ees and CiiAiiGES.

•	M a rk e t / I ’r.i.

F o r every ho-so, m are, foal, m ule , or ge ld in g received in to th e

yards

fo r ea lo

. . .

F or

ev ery

milVh

cow

received

. . .

C h a r g e s

h r

iixr

o f

y a r d s

a f t r r

th e

s a l e

d o y f o r

a n y

j o r t l o n

o f

U r e ln ;

h o u r s .

Por ev ery m ilc li cow an d ev ery horse, m are, foal, m ule , or

s. d .

g c lilin g

.................................................

................................................ 0

The

604 Sydney Corporation Ao4.

No. 58, 1932.

T he a b o v e charges for th e use of yards are n o t to be ex a cted for stock

p a y in g m arket fees if such sto ck are n o t yard ed u n til a fter 2

p .m . of

th e d a y preced ing th e d a y on w hich th e y are offered for sa le and

are

rem ev ed before 8

a.jn.

of th e

d a y fo llow in g su ch sale d ay .

«««

173.

T W E N T Y

F O U R T H

S C H E D U L E .

1. A ll th a t p iece or parcel of land situ a ted in th e parish of S a in t

L aw rence,

c ity o f

S y d n ey ,

co u n ty

Cum berland,

and

S ta te

N ew

S o u th W ales :

C om m encing a t th e in tersec tio n of th e sou thern bu ild in g

lin e

o f

C am p bell-street w ith

th e

ea stern

bu ild in g line

of G eo r g e-s tre e t;

bounded

on th e north

by th e sou thern b u ild in g line of C am p bell-street

to it s in tersec tio n w ith th e w estern bu ild in g lin e of R a rk er-la n e; th e n c e o n th e ea st by th e w estern bu ild in g line of P ark er-lan e to its in tersec tio n w ith th e northern b u ild in g line of H a y -s tr e e t ; th en ce on th e so u th b y

th e

northern

b u ild in g

line

H a y -s tr ee t

it s

in tersec tio n

w ith

th e

ea stern bu ild in g line o f G eo rg e-street; th en ce on th e w est b y th e eastern bu ild in g line of G eorge-street, to t iie p o in t o f co m m en cem en t,—

co n ta in in g

rood 25-J perches,

or th erea b o u ts.

2 . A ll th a t p iece or parcel o f lan d situ a ted in th e parish o f S a in t L aw rence,

c ity

o f

S y d n ey ,

co u n ty

C um berland,

and

S ta te

o f

N ew

S o u th

W ales :

C om m encing a t th e in tersec tio n of th e sou th ern b u ild in g

lin e

o f

C am |)b ell-street

w ith

it s

in tersec tio n

w ith

th e

w estern

b u ild in g

lin e to

P it t - s tr e c t ;

bou nd ed th en ce o n th e ea st b y th e w estern bu ild in g

lin e

o f

P itt-s tr e c t

to its in tersec tio n

w ith

th e

northern b u ild in g lino

H a y -str e e t;

th en ce

th e

sou th

b y

th e

northern

b u ild in g

lin e

H a y -str ee t

its

in tersec tio n

w ith

th e

ea stern

b u ild in g lin e

Parker-

la n e ;

th en ce

th e

w e st

b y th e

ea stern

b u ild in g lin e

P ark er-lan e

it s

in tersec tio n

w ith

th e

so u th ern

b u ild in g

lin e

C a m p b ell-street;

th e n c e

th e

north

b y

th e

so u th ern

b u ild in g

line

C am p bell-street,

to th e th erea b o u ts.

p o in t

o f

co m m en cem en t,— co n ta in in g

roods

perches,

3. A ll th a t p iece or parcel of lan d situ a ted in th e pxrish of S a in t L aw rence,

c ity

o f

S y d n ey ,

co u n ty

C um berland,

a n d j l t a t e

o f

N ew

S o u th

W ales :

C om m encing a t a p o in t on th e sou th ern P ^ ild in g lin e of

C am p bell-street,

d ista n t

100 fe e t ea ster ly from th e in tersec tio n

of th a t

b u ild in g

lin e

w ith

th e

w estern

b u ild in g

lin e

P it t - s t r e e t ;

b o u n d ed

th e n c e on th e north b y th e so u th ern b u ild in g lin e

of C am p b ell-street to

i t s

in tersec tio n

w ith

th e

w estern

b u ild in g

lin e

C a stj^ rea g h -street;

th e n c e

on th e

ea st

b y th e

w estern

bu ild in g

lin e

of C a stlc iea g h -stree t to

i t s

in tersec tio n

w ith

th e

northern

bu ild in g

lin e

H a y -.s tr e e t;

th e n c e

o n

th e

so u th

b y

th e

n orthern

b u ild in g

lin e

o f

H a y -s tr ee t

p o in t

d is ta n t

1 0 0

fe e t

ea ster ly

from

th e

in tersec tio n

tha#

b u ild in g

lin e

w ith th e

w estern

b u ild in g lin e

of P it t -s tr e e t;

th en ce on'+he w est

b y a

lin e

n orth er ly ,

th e

p o in t

o f

co m m en cem en t,— confiain ing

acre

1 rood 27 perches, or th erea b o u ts.

T W E N T Y -F IF T H

Sydney Corporation Act.

003

No. 36, 198S|

T W E N T Y -F IF T H

S C H E D U L E .

W ilIlia the co u n ty of

C um licrland as

fo llow s :— C om m encing

a t

h igh -

w ater m ark on th e ea st co ast-lin e of th e S ta te o f N ew S ou th W ales a t B a r r e n jo c y ; and bounded th en ce b y a lino, bearing generally w esterly

to th e northern c.xtrem ity of H aw kesb ury B iv er ra ilw ay bridge;

th en ce

b y

th e

G reat

N orthern

R a ilw a y

line

sou th-sou th-w esterl}-

P en n a n t

H ills

ra ilw ay

sta t io n ;

thence

b y

lin e

so u th -w ester ly

P arram atta

ra ilw ay

s t a t io n ;

th en ce

so u th -ea sterly

Loftu.s

J u n ctio n

ra ilw ay

s ta t io n ;

th en ce

easter ly

H ack in g

P o in t;

a n d

th en ce

th e

ea st

co a st-lin e

aforesa id ,

and

lin es

crossin g

th e

en tran ces

o f

B a te

B a y ,

B o ta n y

B a y ,

an d

P o r t

J a ck so n ,

g en era lly

n ortherly

th e

p o in t

co m m en cem en t.

T W E N T Y -S IX T H

S C H E D U L E .

Sec.

254.

This ind en tu re

m ade tlio

d a y of

one th o u sa n d n ine

hu nd red and , b e tw een th e m un ic ipa l co u n cil of S y d n ey , in th e S ta te of N ow S o u th W ales (hereinafter ca lled th e council), of th e one part, and of hereinafter called th e purchaser, of th e other part, w itn esseth th a t th e sa id council, in consid eration of th e su m of n o w paid to i t (the receip t w hereof is hereby acknow ledged) doth hereb y grant enfeoff and release u n to th e purchaser, his heirs an d assign s, a ll th a t p iece or parcel of land described in th e Schedu le hereto , to ho ld th e sa id p iece or parcel of land u n to and to th e use of th e jnirchaser, h is heirs and assign s, for ever.

In w itn ess w hereof th e sa id p arties h a v e hereunto

se t their hands

an d

sea ls

th e

d a y

an d

year

first

a b o v e

w r itten .

The Schedule.

T he com m on seal

of th e m un ic ipa l cou n cil o f S y d n ey w as

hereto

affixed b y m e

T ow n Clerk of th e sa id c ity , th e

d a y

an d

year

first

a b o v e

w ritten .

T ow n

Clerk.

R ece iv ed on th e

day and year first ab ove w r itten of and from th o

abovon am ed

th e su m

o f

be ing

tho

coneideratioEi

m on ey

a b o v e

expressed

p a id

b y

him .

C ity

Treasurer.

T^YENTY-SEVENTU

^06	Sydney Corporation Act.
No. 58, 1932.

T W E N T Y -S E V E N T H

SC H E D U L E .

Sec. 255.

N o .

Series,

D eb en tu re

Issu ed b y

tho

m u n ic ip a l cou n cil o f S y d n e y under th e

provisions

of th e

S y d n ey C orporation

A c t,

1932.

Transferable by delivery.

This

debentu re

w as

issu ed

b y

th e

m un ic ipa l

council

S y d n e y

pursuan ce of p rov ision s of

tho ab o v em en tio n ed A ct, an d is

to secure to

th e

bearer a princijia l su m of

p a yab le a t

th e

on th e

d a y of

In ter es t a t th e ra te of

pou nd s per cen tu m per ann um on su ch princip al su m in th e m eanw h ile is p a yab le b y equa l h a lf-y ea rly p a y m en ts < n th e d a y of

an d

tho

d a y

a t

and

coup:>n is

an n ex ed for

each

p a y m en t w liich en tit le s th e bearer

su ch

cou p on

th ereto .

D a te d

this

d a y

a.d.

(l.s.)

L ord M ayor. T ow n Clerk.

E n tered a t th e office o f th e C ity Treasurer, in R eg ister of D eb en tu res ,

fo li I

C ity

Treasurer.

Sec. 255.

T W E N T Y -E IG H T H

S C H E D U L E .

No.

Serie.s,

Debenture £

Issued by the municipal council of Sydney under tho piro\ isiuns of

the Sydney Corporation Act, 1932.

T i!ansfhi!.\i!le by deliv ery .

Tins debenture was i.ssued by the municipal council of Sydney in pursuance of the provisions o f the alioviuuentioiK'd Act, ami is to secure to the bearer a total sum o f £ payable by ecjual

yearly' (half-yearly) sums of £

payable at tli(>

Town Hall, Sydney', on the	day o f	in each
y'ear up to and inclusive of tho year 1!)

Interest upon the principal sum originally lent to tlu' s.aid council is provided for in such payments.

Dated

th is

day

a .d .

( l .s .)	Lord	IMavor.	C ity T reasuis r.
Town	Cleik.

Entt'ved at the oHicc of tlm City Treasurer, in Register of Debentures, folio

City' Treasurer.

T W E N T Y -N IN T H

Sydney Corporation Act.

607

No. 58, 1933.

T W E N T Y -N IN T H

S C H E D U L E .

Part I.

Sec. 265.

Observatory

P ark.

A ll o f 5 acres 3 roods 14 perches, s itu a ted a t an d near F la g sta ff H ill, c ity

th o se

tw o

p ieces or parcels o f land ,

co n ta in in g a n

aggregate

area

S y d n ey ,

parish

of S t.

P h ilip , c o u n ty of C um berland.

F ir s tly , 5 acres 2 roods 9 perches, s itu a ted a s a foresaid :

C om m encing

o n th e w estern side o f U p per F o r t s tree t a t a p o in t bearing sou th 52 degrees 25 m in u tes w est and d ista n t 1 cha in 14 lin k s from th e in tersec tio n of th e eastern side of th a t s tree t w ith th e sou thern side of E ss e x -s tr e e t ; and b ou nd ed th en ce b y lin es bearing north 74 degrees 39 m in u tes w e st 79y% links, north 89 degrees 23 m in u tes w est 1 chain , sou th 82 degrees w est 25j'g- links, and so u th 2 degrees 5 m in u tes w est

links, to th e northern side of an o ld brick w a ll form ing th(5

northern

bou n d ary

th e

F o rt-street

M odel

P u b lic

S chool

g rou n d s;

th en ce

b y

th a t

w a ll

and

an oth er

o ld

brick

w a ll

form ing

th e

w estern

b ou n d ary of th e F o rt-street M odel P u b lic S chool ground s before- m en tio n ed , bearing north 87 degrees 31 m in u tes w e st 1 chain 99{\i- lin ks, an d so u th 4 degrees 47 m in u tes ea st 1 chain 67^'’’„ links, to a poin-j in th e ea ster ly pro lon gation of th e sou th ern sid e of a dw arf sto n e w a l l ; th en ce b y th a t p ro longation and th e sou thern side of th a t w a ll bearing w ester ly to an oth er dw arf sto n e w all on th e eastern side of K e n t - s tr e e t ; th e n c e b y th e eastern side of th a t s tree t bearing north 13 degrees 31 m in u tes w est 2 chains 22 j\,- links, to th e sou thern side of a brick w a ll; th en ce b y th a t brick w all and its p ro longation easter ly , in all bearing north 77 degrees 10 m in u tes ea st 1 chain 3 6 , \j lin ks to th e w estern sid e o f anoth er dw arf sto n e w a l l ; th en ce b y th a t w a ll bearing

n orth erly ,

north -easterly ,

easterly ,

and

so u th -ea ster ly

th e

western,

sid e of U p per F o r t

s tree t b e fo rem en tio n ed ;

and th en ce b y th a t street

b earin g sou th erly , to th e p o in t o f co m m en cem en t,— ex clu siv e of an area of 1 acre 1 rood 4 perches, form erly d ed ica ted for O bservatory on th e tw e n ty -n in th d a y of A pril, on e th o u sa n d e ig h t hundred an d eigh ty -

four,

w h ich has b een d ed u cted from th e

to ta l area, and sh ow n up on

plan S eco n d ly ,

th e

D ep a rtm en t

L and s,

ca ta lo g u ed

3 4 -2 ,0 6 3

E o ll.

rood

perches,

s itu a ted a s a fo r e sa id :

C om m encing a t

th e w ester ly in tersection of th e sou thern side of A rg y le-street w ith th e n orthern side of W atson -road ; an d b ou nd ed th en ce o n th o sou th and

so u th -e a st b y th e sou thern and

so u th -ea stern sides of th e ex is tin g w all,

s itu a te d

th e

northern

and

north -w estern

sid e

W atson -road ,

bearing ea ster ly and

n o rth -ea sterly to th e

sou thern side of A rg y le-street

b efo rem en tio n ed ;

an d

th en ce

o n th e

north

b y

th e

sou th ern

sid e

A rgy le-street,

bearing

w esterly ,

th e

p o in t

o f

c o m m e n c e m e n t:

W hich sa id parcels o f land are sh ow n up on a p lan in th e D epartm ent'*

of L and s,

ca ta lo g u ed Ms.

2 ,489

S y .

P art

608	Sydn ey	C orporation A ct.
He. 68, 1932.

-----

Part

II .

Dawes P oin t Reserve.

C ou nty

C um berland,

parish

S t.

P h ilip ,

c ity

o f

S y d n ey ,

a t

D a w es P o in t. A rea, 4 acres 1 rood 18|^ perch es : C om m encing on th e eastern side of G eorge-street N o rth , a t a p o in t bearing sou th

51 m in u tes ca st 3 chains 3 9 | lin ks from th e ou ter edge of th e base

course of th e sea w all fronting P o rt Ja ck so n , being a p o in t in th e north erly pro longation of th e eastern side of G eorge-street N orth , being a lso th e north -w estern corner o f a n area of o f a porch occu pied as a

cab le iiu t s ite b y th e C om m onw ealth of A u stra lia ;

and

bounded th en ce

b y a lin e bearing north 89 degrees 5 m in u tes ea st 4 7 j“j lin k s; th en ce b y th e co n cave side of a n arc of 91 lin ks radius cu rvin g to th e r igh t, th e chord of w h ich bears north 77 degrees 57 m in u tes ea st 8 8 /„ lin k s; th en ce by lines bearing so u th 73 degrees 4 m in u tes e a st 1 cha in 89y „ links, north 23 degrees 4 m in u tes ea st 67 links, sou th 63 degrees 51 m in u tes ea st 40 links, north 23 rlegrees 15 m in u tes ca st Iby'u links, north 4 degrees 3 m in u tes ea st 22d'jj links, north 23 degrees 39 m in u tes ea st 19j'ij links, sou th 67 degrees 16 m in u tes ea st 31 links, north 23 degrees 42 m in u tes ea st 48 links, north 67 degrees 40 minuters w est 26(®^ links, n o rth 21 degrees 12 m inutes ea st l l /cr links to th e outer ed g e of th e base course of th e sea w all before m en tio n ed ; an d 1 hence b y th e outer edge of th e said w all being a lin e bearing so u th 65 degrees 5 2 m in u tes ea st 1 cha in 14j?^ links, th e co n cave side of a n arc of

chain 86 links radius carv ing to th e r igh t, th e chord of w h ich

bears

so u th 53 degrees 12 m in u tes ea st 9 0 -J- links, and a lino bearing sou th 38 degrees 10 m in u tes oast 1 chain lly ty lin k s to th e inn er edge of a w all form in g th e w estern bou nd ary of th e co n stru cted road head in g fro m th e horse ferry to G eorge-street N o r th ; th en ce b y th e sa id w a ll being the c o n v ex side of an arc of 24 lin ks radius curving to th e le ft , th e chord of w h ich bears sou th 16 degrees 10 m in u tes w est 33,'*jy links, a lin e bearing sou th 27 degrees 18 m in u tes ea st 1 chain 21-y,,- links, the co n ca v e side of an arc of 1 chain 10 lin ks radius cu rvin g to th e r igh t, th e chord of w hich bears sou th 18 degrees 20 m in u tes ea st 35^V links, a lin e bearing sou th 8 degrees 56 m in u tes ea st 2 chains 1 8 ,'p links, the co n ca v e side of an arc of 1 chain 34 lin ks radius cu rvin g to th e r igh t, th e chord of w h ich bears sou th 14 degrees 53 m in u tes w est 1 chain , th e ■concave side of an arc of 1 chain 34 lin ks rad ius curvin g to th e r igh t, th e chord of w h ich bears so u th 52 degrees 13 m in u tes w est 71 lin ks, a lin e bearing so u th 80 degrees 33 m in u tes w e st 1 cha in 3 3 y j lin ks, th e c o n v e x side of an arc of 1 chain 761 lin ks rad ius cu rv in g to th e le ft , th e chord of w h ich bears so u th 70 degrees 18 m in u tes w e st 4 0 1 links, a lin e bearing so u th 62 degrees 32 m in u tes w est 2 chains 5 ,lin ks and th e c o n v e x sides of a series of arcs of 3 ch a in s 28 lin k s radii cu rvin g to th e le ft, th e chords of w h ich bear so u th 54 degrees 3 m in u tes w est 1 ch a in , so u th 37 degrees 11 m in u tes w e st 1 chain , a n d so u th 21 degrees w e st

7 5 y y lin k s to th e sou th -ea stern corner of a s to n e w a l l ;

an d th en ce b y

th e

sou th -eastern

side of th a t w a ll and b y th e n o rth -w estern sid e o f a

brick bu ild in g , be ing a lin e bearing so u th 52 degrees 41 m in u tes w e st 2 cha in s 341 liu ks to th e eastern side of G eorge-street N o rth before- m e n tio n e d ; an d th en ce b y th a t s tree t bearing north 5 degrees 3 0 m in u tes ea st 46 j’q- links, north 7 degrees 34 m in u tes ea st 84,1, links,-

north

Sydney Corporation A ct.

609

Ke. 58, 1932.

north 12 (l‘\>j;rcos 20 m in u tes ea st links, north 17 degrees 6 3 m in u tes ea st 48j'',| links, north 26 degrees 6 m in u tes ea st 43,% links, north f)l degrees 10 m in u tes w est 92,% links, and north 4 degrees 5 4 m in u tes ca st 1 chain 81,';, lin k s; thence b y lin es bearing north 77 degrees 14 m in u tes ea st 2 chains 234 links, sou th 84 degrees 59 m in u tes ea st 9 7 1';, links, th e c o n v ex sides of a series o f arcs of 1 chain 50 links radii curving to tho le ft, tho chords of w h ich bear n o rth 18 degrees 58 m in u tes ea st 4 8 | links, north 5 degrees 12 m in u tes e a s t 3C i links, north 7 degrees 9 m in u tes w est 36,% links, north 21 degrees 40 m inutes w est 37 links, north 37 degrees 9 m in u tes w est 4 6 , l inks, north 60 degrees 22 m in u tes w est 44,% links, north 8 4 degrees 46 m in u tes w est 33,% lin k s; th en ce b y lin es bearing north 16 degrees 42 m in u tes w est 45,% links, north 33 degrees 31 m in u tes ea st 1 chain 57,',, links, north 39 degrees 49 m inutes w est 88,% lin k s; again b y the con v ex sides of a series of arcs of 2 chains radii cu rvin g to th e le ft, th e chords of w h ich bear north 55 degrees 35 m in u tes w est 504 links, north 71 degrees 39 m in u tes w est 60 links, an d sou th 8 4 degrees 55 m inutes w est 60 lin k s; again b y lines bearing sou th 26 degrees 23 m in u tes w est 2 3 ,"g- links, so u th 84 degrees 29 m in u tes w e st 40';% links, and so u th 41 degrees 50 m in u tes w est 14j% links to th e eastern side of G eorge-street N orth aforesa id ; th en ce b y th a t s tr ee t bearing north 44.4 m in u tes w est 54,%- links, to th e p o in t of

com m en cem en t,

as su rveyed and

.shown on p lan ca ta logu ed Ms.

2 ,695

S y . in th e ID fpartm ent of L ands.

T H IR T IE T H

S C H E D U L E .

See.

266.

All th a t picci' or parcel of land , <ain1aining by adm easurem ent 1 rood 32 perches, s itu a te in th e c ity of Syd n ey , parish of A lexandria , co u n ty of C um berland, being a llo tm en t 1 of section 12 of a G overn m en t su b d iv ision a t W oolloon iooloo B a y , com m encing a t th e in ter sec tio n of th(! sou thern side of N ich o lson -strcct w ith the eastern .side of B ourke-street, and bou nd ed th en ce on th e w est b y tho la tter stree t so u th erly 70 fec't to W ilso n -str e e t; th en ce on th e so u th by th a t stree t

cast('rly 283 feet 9 inches to F o rb es -s tre e t;

th en ce on tho ea st b y th a t

stree t northerly 70 fee t to N ich o lson -street before m en tio n ed ; and thene<‘ on th e north b y th a t street w ester ly 283 feet 9 in d ie s to the

poin t of com m en eem en t,

as in d ica ted on plans

cat.'ilogned

2 9 9 -8 5 8

and S. 299A -858 , in th e D epartm en t of T.ands.

NEW