Sydney Corporation Act of 1879 No 27a (NSW)
| 174 | No. 3. | 43” VIC. | 1879. |
Sydney Corporation.
No. III.
co.fp™T4x. An Act to consolidate and amend tlie Laws
| “ | relating* to the Corporation of the City of Sydney. [Mli July, 1879.] |
| Preamble. | \ \ J HEREAS it is expedient to consolidate and amend the law W relating to the Corporation of the City of Sydney and to make |
| provision in other respects for the hotter government thereof as well as for other purposes Be it therefore enacted by tlie Queen’s Most Excellent Majesty hy and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :— |
PAET I.
Preliminary.
| Short title. | 1. This Act may he cited as the “ Sydney Corporation Act of 1879” and shall come into force on the first day of August one thousand eight hundred and seventy-nine I t is divided into the Thirteen Parts comprising the subjects following viz.:— |
PABT I.—Preliminary.
PABT II .— Constitution o f Municipal Council — Auditors —
Citizens Polls—Disqualificatiotis and Exemptions.
| PABT | I I I .—Election o f Aldermen—Bribery—Penalties. |
PABT IV.—Appointment o f Officers— Meetings and Proceedings
o f Council.
PABT V.—Powers o f Council as to Pegulation o f Public TEays.
PABT VI.— City Pate—Assessment Payment and Enforcement
o f Pates.
PABT VII.—Markets—Paries— Cattle Sale Yards ^c.
PABT V III.— Water Siipply— Water and Street Watering Pates
— Provisions against polluting Water.
PABT IX.— City Health Officer — Cleansing Public Ways —
Cesspits—Brains—Nuisances.
PABT X.—Sewerage.
PABT XI.-—Endowment— Cancellation o f certain Bebts—Licenses.
PABT X II.—Pevenue—Accounts—Borrowing Powers.
PABT X III.—By-laics—Miscellaneous Provisions—Procedure.
| Bepeal of Acts. | 2. The Acts specified in Schedule A hereto are hereby repealed to the extent therein expressed hut without prejudicing or in any way affecting anything lawfully established done or commenced under any of such Acts. _ |
| Interpretation of | 3. In the construction of this Act the following words within inverted commas shall unless the context otherwise indicate have the meanings and include the persons animals and things set against them respectively— |
| terms. |
“ Building”— Any house dwelling office shop store warehouse manufactory comiting-house stable coach-house theatre or other building or erection whatsoever with the appurtenances thereto belonging.
“ Building-
| 1879. | 43° VIC. | No. 3. | 175 |
Sydney Corporation.
“ Building-lino”—A line inside of and in all its parts corres ponding vvitli tlie outer line of the (curbing as now or here after lawfully defined and at the authorized distance there from as shown upon the plan approved hy the Council of airy street such huilding-line being so measured irrespective of the width of the carriage-way.
“ By-law”—Any by-law or regulation duly made hy the Council according to the provisions of this Act or of any Act hereby repealed.
“ Cattle”—llorscs sheep lambs oxen hulls cows calves pigs and goats.
“ Cess-jiit”—Any pan or other receptacle for night-soil.
“ Citizen”—Every person whose name is included in the roll of
citizens.
| “ City”—The City of Sydney. | , |
| “ Civic Office”—The office of Mayor Alderman Auditor Town Clerk Treasurer Health Officer Engineer Surveyor or Inspector of Nuisances for the City. | |
| “ Corporation”—The Mayor Aldermen and Citizens of the City |
of Sydney.
“ Council”—The Municipal Council of the City of Sydney.
“ Gazette”—The Gocernnient Gazette.
“ Governor”—The Governor with the advice of the Executive
Council.
“ Justice”—A Justice of the Peace.
“ Landlord”—The owner or person at the time rcceii iug rent
from the tenant of any premises.
“ Owner”—The landlord or person at the time receiving the rent for any premises whether on his own account or otlierwise or who shall claim to he the owner.
“ Premises”—Any land whether a building he erected thereon
or not.
“ Public W ay”—Any road highway street square lane court alley or other public thoroughfare or place whether the same he in actual use or not.
“ Bate”—Any rate made payable under the provisions of this Act. “ Bolls”—The lists of citizens for the several wards duly certified
as liercinafter provided.
“ Tenant”—Any peu’son occupying any premises not being employed
and paid as a bond fide servant of the owner thereof.
“ Town Clerk”—The Town Clerk or other person legally authorized
to act as such for the time being.
“ "Wards”—The eight wards into which the City is divided.
| 4. continue to bo a Corporation under the style and title of “ The | The Mayor Aldermen and Citizens of the City of Sydney sliall Municipal Council to |
“
Municijial Council of Sydney” and under that name shall have per petual succession and a common seal may sue and he sued in all Courts purchase and hold real and personal property of any description whatsoever to the use and for the purposes only of the said Corporation may grant alienate and convey sell assign or demise for any term not exceeding twenty-one years any real or personal estate and generally may exercise subject to the provisions of this Act all powers incident to a body corporate And every action suit prosecution or other proceeding whatsoever instituted before the commencement of this Act by or against the Corporation or the Municipal Council of Sydney may be continued without any alteration of any pleading legal proeess or record and all decrees injunctions and orders duly made and all fines and penalties law fully imposed and incurred and all rates duly made or so much thereot as shall not have been levied and recovered may be enforced levied and recovered by and in the name of the Corporation or the Municipal Council
of
| 176 | No. 3. | 43" VIC. | 1879. |
Sydney Corporation.
of Sydney in like manner as they could have been enforced levied and recovered if this Act had not been passed And all real and personal property of what description soever now belonging to or vested in the Municipal Council of Sydney shall continue to belong to and vest in the said Municipal Council subject to the provisions hereinafter con tained And all contracts appointments and engagements made hy the said Municipal Council together with all rights and liabilities existing at the commencement of this Act shall be and continue to be as binding 0]i and as enforceable in favour of the said Municipal Council as if this Act had not been passed.
| Boundaries of City | 5. The boundaries of the City of Sydney shall he those descrih(;d in Schedule B hereto and the City shall he divided into the eight^ wards following viz.—Gipps "Ward Bourke Ward Brisbane M^ard Macquarie Ward Cook M"ard Bitzroy "Ward Phillip MArd and Denison M^ard the boundaries of which wards shall he those respectively described in Schedule C hereto. |
| and Wards. |
PAET II.
Constitution o f Municipal Council—Auditors— Citizens Holls.
| Municipal Council. | 6. The Municipal Council of the City of Sydney hereinafter termed “ the Council” shall consist of twenty-four Aldermen three of whom shall be elected for each Avard and from Avhom the Mayor shall he elected in manner hereinafter mentioned And any citizen capable of voting for the election of an Alderman and not disqualified under the provisions of this Act shall he eligible as an Alderman Provided always that any person holding any Civic office in or under the Municipal Council of Sydney at the commencement of this Act shall continue to hold the same until another person is eleeted or appointed under the provisions of this Act. |
| Auditors. | 7. There shall be two Auditors for the City and any citizen qualified to be elected an Alderman shall be eligible to fill the office of Auditor. |
| liista of citizens | 8. On or before the first day of July in every year a list shall under the provisions of this Act of voting in and for the election of the Mayor Aldermen and Auditors And such list shall be alpha betically arranged according to the form in Schedule D hereto and shall be made up from the receipts for City rates paid to the thirtieth day of Juno in each year given to citizens by the City Treasurer and shall be signed by the ToAvn Clerk and published by being suspended from the fifteenth to the tliirty-first days of July at such places in the several wards as shall be appointed by the Mayor and the said list shall be so arranged as to have the house of every citizen capable of voting entered therein under the name of the Avard for AA'hich he is rated. |
| capable of voting | |
| to bo made for each, | be made for each "Ward by the Town Clerk of all persons capable |
| ward. |
| Revision Oourts | 9. The Mayor and Iavo Aldermen shall hold an open Eevision |
| to amend and settle | Court in each Avard for the purpose of revising and settling the list |
| lists. | of Citizens betAveon the tenth and thirty-first days of August in every year And the Mayor shall fix the first days of meeting and shall give at least three clear days notice of the holding of every such Court and the time and place appointed by fixing such notice on the outer door of the Toavu Hall and publishing the same in the Gazette and some other Sydney ncAvspaper And every such Court shall hear any application from any citizen in Avriting made to the ToAvn Clerk at least seven days pre\'iously for the amendment of such list either by inserting any names omitted or remoAung any names improperly appearing therein and any sueh sitting may be adjourned from day to day until the whole of the said list shall be finally settled. |
| ‘ | 10 . |
| 1879. | 43“ VIC. | No. 3. | 177 |
Sydney Corporation.
10. The Mayor shall in open Court write his initials against the Certificate &c. of
names struck out or inserted as aforesaid and against any part of the list in which any mistake shall have been corrected or omission supplied and shall sign his name to every page of the list so settled and shall then cause to he written at the end of the list a certificate that the same has been revised and is correct and the ]\Iayor shall there and then sign such certificate And a copy of any such list certified by the Town Clerk to be correct shall he deemed to be the roll of citizens for the ward for ivliich the same has been made out and shall be recdvable in all Courts primu, fa d e evidence of such roll having been duly made and of the correctness of the contents thereof.
11. If at the time of the list being so amended it shall he No citizen owing
proved on oath or otherwise to the satisfaction of the said llcvision
| Court that any rate or part of such rate payable by any citizen is in | ’ |
| arrear and unpaid his name shall not be inserted or retained therein. |
12. Iso citizen whose name docs not appear on the roll shall be Only citizens on roll
entitled to vote at the election of any Alderman or Auditor and then
| only for such ward or wards as by the roll it appears such citizen is | ' |
| entitled to vote in and for and for such period only as the roll shall under the provisions ol‘ this Act be in force And every citizen shall be entitled to give one or more votes at every such election according to the following scale that is to say;— |
| (1.) | If he pay rates upon property assessed at an annual value not Cumulative votes, exceeding twernty-five pounds—one vote |
(2.) If he pay rates upon property assessed at an annual value cxcecding twenty-five pounds and not exceeding seventy-five pounds—two votes
(3.) If he pay rates upon property assessed at an annual value exceeding seventy-five pounds and not exceeding one hundred and fifty pounds—three votes
(4.) If he pay rates upon property assessed at an annual value
exceeding one hundred and fifty pounds—four votes
And no citizen shall be entitled to more than four votes in any one ward or to i^oto otherwise than in respect of the aggregate or collective value at which his property in any one ward is assessed.
13. Es^cry Judge of the Supreme or of a District Court and every Persons disqualified
person who holds any place of profit under the Crown or the Council or who is a Military or Naval ofTiecr on full pay in any force other than the Volunteer Eorce of this Colony and every person of unsound mind and every unccrtificated insolvent or person who has compounded with his creditors shall be disqualified from being elected or from continuing to hold the office of cither Alderman or Auditor But such disqualifi cation as to any person becoming insolvent or compounding Avith his creditors shall continue for the period of three years only from the time of his so becoming insolvent or componndiug Ai itli his creditors I’rovid('d that in the ease of insolA'cncy such insolA'cnt shall have ohfaiiK'd his certificati'.
| I I . | Any person a | '.Iio AA'hile iiolding any civic ofTiee under tliis Act civic officers |
shall continue to be or shall become directly or indirectly l;y means of partnership Avifh any other person or otlierwise hoAvsooAU'r knowingly engaged or interested in any contract agreement or cnqiloyment Avith or on Ix'half of the Council except as a shareholder but not lieing a dirccior in any joint stock company shall he liable to a penalty not exceeding one hundred pounds nor less than fifty pounds and shall lie for three years thereafter disqualified from holding any civic office.
| 15. respectively of N cav South IVales may claim exemption from serving in any civic oflice. | Members of the Legislative Council and Legislative Assembly jicmbcrs of Couiuii |
| z | PAET |
| 178 | No. 3. | 43° VIC. | 1879. |
Sydney Corporation.
| PAET | II I . |
Election o f Aldermen—Bribery—Penalties.
| Electiou of Alder | 16. In every ward on tlie first day of December in each year |
| men. | one Alderman shall retire from oflice and a new election of an Aider- man shall take place on that day hut such retiring Alderman shall he eligible for re-election But in order to provide for the first election under this Act and for subsequent retirements in each year of the aforesaid number of Aldermen the following procedure shall be observed viz.:—■ |
(1.) The Aldermen now in office who were elected under the pro visions of the Acts hereby repealed shall continue to hold ofiice but eight shall retire on the first day of December one thousand eight hundred and eighty and eight on the same day and month of the year one thousand eight hundred and eighty-one those first elected retiring first.
(2.) On the first day of December in tins present year eight Aldermen shall be elected one for each ward but at tfiat election no retirements shall take place in order that the Council may then be composed of twenty-four Aldermen.
(3.) At every subsequent election eight Aldermen shall retire and
eight shall he elected and the Aldermen to retire shall subject to
the provisions hereinbefore contained be the eight first elected.
(4.) In every case the retiring Aldermen shall be eligible for
re-election if qualified in other respects.
| Nomination of | 17. On and after the tenth day and until noon of the fifth day next before any election of Aldermen any two citizens qualified to vote in any ward may by writing nominate to the Mayor for election in that ward any other citizen or two citizens if two Aldermen are to be elected and no more but no such nomination shall be received and no proceedings in respect of the same shall be taken unless it be accompanied by a consent to such nomination signed by each person nominated On the two days next before the election and on the day of election there shall he published under the hand of the Eeturning Officer in two daily newspapers published in Sydney the names and residences of all citizens so nominated specifying their wards and the names and residences of two at least of their nominators. |
| Aldermen. | |
| Election when no | 18. If at any election of Aldermen no greater number of persons in any ward shall be nominated for election than the number then to be elected the Eeturning Officer shall declare in manner here inafter provided each person nominated to be duly elected. |
| opposition. | |
| Scrutineers. | * 19. Every person nominated may appoint a scrutineer on his behalf at the election for which such person may be nominated and such scrutineer before so acting shall subscribe and make a declaration in the form in Schedule E hereto. |
| Returning and I’re ) | 20. Every election for an Alderman shall be holden before the Mayor as Eeturning Officer in one ward and in the other wards before such. Alderman or other citizen as Presiding Ofiicer as the Mayor may appoint in writing under his hand and if any such officer be prevented from attending by unavoidable accident a substitute with like powers may be appointed in the same manner. |
| siding Officers. | |
| Polling booths. | 21. Eor every election of Aldermen the Eeturning Officer shall cause booths to be erected or rooms to be provided at one or more polling place or polling places 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-hox is placed and supplied with mating materials so that the voters may fill up their ballot-papers in secrecy And every person Avilfully |
intruding
| 1879. | 43» VIC. | No. 3. | 179 |
Sydney Corporation.
| intruding into any compartment shall he deemed guilty of a misde meanor and may he forthwith given into custody hy the Presiding Othccr and dealt with accordingly. | • |
22. The Returning Officer shall also cause to be furnished for Saiiot-boxcs &c.
the use of each polling place printed copies of the roll and a sufficient supplied,
number of ballot-papers according to the form in Schedule E hereto
together with a ballot-hox with a secure lock and with an aperture for
the reception of tlie ballot-papers and shall appoint a poll clerk And
a public notice of the situation of each polling place shall be published
by the Returning Officer in any two daily newspapers published in
Sydney two days before the day of election.
23. There shall he one key only to each ballot-box which the Key of ballot-boxes.
Returning Officer shall always keep and the boxes shall be by him locked before the election and unlocked after the election.
| 24. in the morning and shall finally close at four o’clock in the afternoon of the same day unless adjourned as hereinafter provided. | The voting shall at every election commence at eight o’clock Hours of voting, |
25. Each citizen sliall enter unattended unless in case of Mode of voting,
necessity into the booth or room in which the ballot-box is kept and thereupon the Presiding Officer or poll clerk having marked off the name of such citizen on a copy of the roll specially provided for that purpose (which shall be ptriind 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 form in Sclicdule E hereto for each vote to which he is entitled wliich such citizen shall take into an inner compartment and there without delay cancel by striking through the name of every candidate except such as he intends to vote for and shall then fold up each ballot-paper so as to conceal the names and immediately put it into the ballot-box and thereupon he shall at once quit such booth or room and shall not re-emter the same during the election Provided that no two voters shall be in the same inner compart ment at the same time and that no hallot-paper shall bo valid in which are left uncancelled more names than there are persons to bo elected.
26. Any Presiding Officer scrutineer or poll clerk may vote in Presiding officer how
any ward other than that in which he acts by iimnodiatcly before the examination of the contents of the several ballot-boxes depositing his hallot-paper in the ballot-l)ox for such ward.
27. In case any citizen desirous of voting is blind or cannot Blind or illiterate
read tlie Presiding Officer shall openly in the ballot-room strike through
the names of all persons nominated upon such ballot-]i)a]')er except
| such as the citizen shall declare his intention to vote for and shall | . |
| thereupon exhibit the same to the scrutineers. |
28. At the close of the poll the ballot-boxes shall be sealed up Disposal of baiiot-
or otherwise secured by the several Presiding Officers in the presence of such scrutineers as choose to attend so as to prevent any liallot- papers being taken therefrom or inserted therein and shall forthwitli be conveyed by tlie Presiding Officers to the Town Hall and be delivered to the Returning Officer.
29. Immediately after such delivery to the Returning Officer Bociavation of the
of the said boxes the whole of the ballot-papers shall be examined election.
and the votes counted by the Returning Officer and such other Pre
siding Officers and scrutineers as may attend and the result of the
election shall be thereby ascertained And the 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 daily newspapers
published in Sydney the names of the Aldermen so elected for the
several wards and the Town Clerk shall send l)y post a separate notice
in writing of his election to every such Alderman addressed to his
| usual place of abode. | 30. |
| 180 | 8 . | 48'̂ VIC. | 1879. |
Sydney Corporation.
| Disposal of ballot- | 30. All sueli ballot-papers togetlier with the polling lists used thereat shall he scaled up and deposited hy the Town Clerk with the records of the Council and the sealed packets containing the same shall he endorsed as being the papers connected with tlie election to which they relate And in case any question arises 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 And after three months such packets Avith their contents may be destroyed. |
| papers. | |
| Ko inquiry at | |
| elections. | 31. No question shall be put to any person applying to Amte at any election of a Mayor Aldermen or Auditors other than the folloAving “ Arc you the person named as number in the Citizens Moll for lYard” (the name and corresponding number being at tlie time mentioned to him) and every person Avilfully making a false ansAver to such question shall be deemed guilty of a misdemeanour And no person shall be alloAved to A'ote unless he shall answer such question satisfactorily Provided always that no person shall be excluded from A'oting at an election unless it shall appear to the Presiding Ofiicer that the person claiming to vote is not the person whose name appears on the roll or that he has previously Amted at the |
| Nomination and | same election Avithin the same Avard or otherwise contrary to this Act. |
| election of Auditors | 32. On the same day in each year as that on AA’hich Aldermen |
are annually elected under the provisions of this Act tAA'o citizens qualified to be but not being Aldermen shall be elected Auditors for the following year commencing on the first day of January up to Avhich time the retiring Auditors shall hold ofiice and siich retiring officers or either of them may bo re-elected Put no citizen shall be elected an Auditor unless he be nominated for such election to the Mayor under the hand of tAVO other citizens not being Aldermen before twelve o’clock at noon on a day not more than ten nor less than five days before such election and unless his name and residence Avith those of his proposers or any tAvo of them be published tAvice at least in tAvo daily neAvspapers published in the City Provided further that no such nomination shall be A'alid or in any Avay acted upon unless assented to in Avriting by the person so nominated In every election of Auditors the proceedings shall he as nearly as practicable the same as for the election of Aldermen The persons elected shall bo those for Avhom there shall appear to be a majority of votes in all the Avards collectively and the lleturning Officer sliall declare the result of every such election at the same time and in the same Avay as herein proAuded in regard to the declaration of the election of an Alderman and no citizen shall be entitled to vote in more than one Avard at any election for Auditors.
| Retirement and | 33. On the ninth day of December in every year the Aldermen |
| election of Mayor. | shall assemble at noon Avithin the premises occupied as a T oavu Hall the doors of the same being closed against all other persons except the ToAvn Clerk or person acting as such and shall then and there elect one of their OAvn body to be ^layor of the City who shall enter on office (except upon any extraordinary Amcancy) on the first day of January next folloAving his election and shall retire at the end of the year Provided that nothing herein contained shall pre ent the retiring Mayor from being re-elected Avith his oAvn consent if still duly qualified. |
| Extraordinary |
| Tacancy of | 34. lYhen anv extraordinai'A’ vacancA' shall occur in the office of |
| Aldermen or | Alderman or Auditor the citizens entitled to vote shall upon a day to | ||||
| Auditors. |
| ||||
| and in one daily or other Sydney ncAvspaper elect another citizen to supply such Amcancy aaMo shall thereupon hold such office for the residue of the regular term of office of his predecessor but he shall then | |||||
|
| 1879. | 43« YIC. | No. 3. | 181 |
Sydney Corporation.
35. AVhcix; tJic proceedings at any election of Aldermen or Adjournment of
Auditors arc interrupted or obstructed by any riot or open violence the poll may be adjourned to tbc following or sueli otber day and hour as the Presiding Officer sliall determine and declare and if necessary shall be in like manner further adjourned until all interruption or obstruction has ceased when the poll sliall be resumed.
30. If from any otber cause any election of an Alderman or Adjournment for
Auditor shall not take place on the day appointed for the same it shall stand adjourned until the same day of the following week of which three days previous notice shall be given by the lleturning Officer in the Gazette and in one or more Sydney newspajiers and the Alderman or Auditor going out of office shall continue in office until after sueh adjourned election.
| 37. In the event of the number of votes being equal for ijciunnug oniccr any two or more candidates the Iletiirninir Officer shall have | «/ | O | ̂ | C(lU£lljtV |
| easting vote and give tlie same in Avriting and thereupon dcclar<! Avhich | ' |
| of such candidates shall be duly eleeted. |
38. No election under this Act shall be questioned by rc'asou of Eiodiou not voia
any defect in the right or title to act or any Avant of right or title to
act on the part of any lleturning or Presiding Officer if he shall have really acted at such election nor by reason of any formal dehjct in any declaration or other instruincnt or in any publication under this Act Nor shall any of the proceedings of the Council aftenvards be rcnch'red invalid thereby And no advantage shall be taken of any sucb defect respecting any such election in any action brought in any Court of Justice.
39. In case no (dcction of the Mayor or of any Alderman or Void or lapsed Auditor takes place upon the day provided for such election or elections.
if in case of any sueh election being held tlie same is afterwards declared AUiid Avhether through the default of any officer concerned in such election or by any accident or other means Avhatsocver the Corporation or Council shall not thereby be deemed to be dissolved or to be disabled from taking any necessary stejis for the election of a Mnyor or Alderman or Auditor for the future but in any sueh case the election to any such civic office shall be held as in the ease of an extraordinary vacancy and every act necessary to be done for completing such election shall bo as valid as if the election Avere held iqion the day or Avithin the time originally appointed for that purpose.
diO. Subject to tbc proAUsions of this Act livery election upon Extraordinary
| any extraordinary Ancancy in any Civic office sliall be held and carried | coiuUuicd |
| same office And in order to provide for the inteiwal during Avhiidi the lists shall not be duly compiled and pcri'ectcd into rolls under tlie provisions hereinbefore contained all elections of Aldermen and Auditors | |
| out in all respects in the same Ai ay as an ordinary election lor the elections, the first day of November one thousand eight hundred and eighty be conducted in accordance with the provisions of the several Acts hereby repealed And the citizen’s lists prepared in pursuance of the said Acts shall be in force for tlie purpose of all such elections but no longer. |
| 41. acting as such take the oath of allegiance to lle r Majesty and make | Every Mayor Alderman and Auditor shall previously to oath of aiiogiaiico |
declaration of
and subscribe the IblloAving declaration of office and transmit the
same to the Toaaui Clerk ;—■
| “ I | having been elected Mayor {or Alderman or Auditor) of the City of Sydney do hereby declare that I Avill duly and faithfully fulfil the duties of the offiee according to the best of my judgment and ability” |
And the neglect to make such declaration within fourteen days after notice of his election shall be deemed a refusal to accept office.
| 182 | No. 3. | 43“ VIC. | 1879. |
Sydney Corporation.
| DisqualificalionsJ | 42. Every citizen Iiolding the office of Mayor Alderman or Auditor who shall be declared insolvent or shall compound with his creditors or he absent from his official duties or the meetings of the Council (unless for illness certified hy a duly qualified medical practi tioner) for more than three consecutive months not having obtained leave of absence from the Council shall thereupon cease to hold his ofiice and he shall he disqualified from election to any civic office until he shall have obtained his certificate or paid his debts in full or obtained a release from his creditors. |
| of office. | |
| an extmorclinary | |
| W hat to constitute | 43. An extraordinary vacancy in the office of a Mayor Alderman or Auditor shall he held to occur upon any of such persons ceasing to hold office before the expiration of the period for which he has been elected or is entitled to hold office And whenever in consequence of absence from illness or otherwise it shall not he possible for any Alderman or Auditor or Town Clerk or any other officer or person to perform any duty which hy this Act he is directed to perform it shall be lawful for the Mayor to appoint any other Alderman Auditor or person to perform the same for the time being And if in like manner the Mayor shall he prevented from performing any duty imposed on him hy this Act the Aldermen shall hy the majority of their votes appoint one of themselves to perform it. |
| vacancy. |
| Acts of bribery. | * |
44. Every act hereinafter enumerated shall he deemed and taken to he an act of bribery on the part of any candidate whether committed hy such candidate or hy any agent authorized to act for him in any manner respecting his election for either of the offices of Mayor Alderman or Auditor if committed with his knowledge or consent and every person guilty of any such aet shall be deemed guilty of a misdemeanor and he punished accordingly that is to say—
(1.) The giving any money or any other article whatsoever to
any elector with a view to influence his vote.
(2.) The holding out to any elector any promise or expectation of profit advancement or enrichment to himself or to any of his family or kindred friends or dependants in any shape or manner with the like view.
(3.) The making use of any threat to any elector or otherwise intimidating him in any manner in the giving or withholding of his vote.
(4.) Treating any elector hy giving him liquor or otherwise witli
a view to influence his vote.
(5.) Supplying him with meat drink lodging or horse or carriage
hire with the like view.
(6.) The payment to any elector of any sum of money for acting or joining in any procession during such election or before or after the same with the like motive.
(7.) The keeping open or allowing to he kept open any public- house shop booth or tent or place of entertainment whether liquor or refreshment of any kind he distributed at such place of entertainment or not with the like motive.
(8.) The giving of any dinner or other entertainment at any place whatsoever by a candidate to any number of electors before or during the election with the like motive.
| Such acts to avoid | 45. The commission of any of the aforesaid acts shall render void the election of the person committing such act either by himself or by any such agent and wffien committed with his knowledge or consent shall disqualify him from holding or acting in any such Municipal office during the period of three years then ne.\t following. |
| election. | |
| W hat actions not | |
| maintainable against | 4G. No action or suit shall he maintainable hy any publican or any owner or keeper of any shop booth tent or other place of enter tainment against any candidate or any agent of any such candidate |
| candidates &c. |
for
| 1879. | 43° VIC. | No. 3. | 183 |
Sydney Corporation.
for any liquor food or refreshment of any kind whether for man or beast supplied upon the credit of any such candidate or agent as aforesaid during tlie progri'ss of any sueh election under this Act.
47. If any person ha,ving or claiming any right to vote in any Pcnnity for offering
| election of Mayor Aldermen or Auditor under this Act shall ask or | al.stahlillĝ |
| take any money or other reward by way of gift loan or other device | Or from voiing. |
agree or contract for any money gift oliico employment or other reward whatsoever to give or to forbear to give his vote in any such election Or if any person hy himself or hy any person employed hy him shall hy any gift or reward or hy any promise agreement or security for any gift or reward corrujit or procure or oiler to corrupt or procure any person to give or Avithhold his vote in any such election such person shall for every such olfence be liable to a penalty of fifty pounds.
48. Any person who shall vote or attempt to vote a second Second voting and
time in the same election for an Auditor or who shall vote or attempt personation.
to vote a second time in the same ward at the same election for
any Alderman or avIio shall vote or attempt to vote in or for any
ward in respect of which he is not ([ualifit'd or who shall personate
or attempt to personate any other person for the purpose of voting at
any such election shall he guilty of a misdemeanor and be punished
accordingly.
49. The Mayor shall during his Mayoralty be ex officio a J ustice Mayor ex ojiew a
| of the Peace for the Colony and shall preside at all Municipal pro- | ■ |
| (!ccdings and all Magisterial' Courts within the City except those of General and Quarter Sessions and shall have precedence in the City and in all other plaexis on all occasions next after Members of the Legislative Assembly. |
50. If it shall appear upon affidavit that any person declared Disputed ciccUous or
elected to he Mayor or an Alderman or Auditor has btten unduly
elected or tliat any person has been elected to or holds or exercise's such
office of Mayor Alderman or Auditor and is incapable under the ]>ro-
visions hereof of being or continuing such Mayor Alderman or Auditor
it shall be lawful for the Supreme Court or any Judge thereof to grant
a ruht or order calling upon such ])erson to shew cause to the Court
wliy he should not he by the said Court ousted of the said office and
u])on the return of such rule or order if it shall appear 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 eh^ction or
while holding or exercising such office incapable under tin; ])rovisions
hereof of being or continuing such Mayor Alderman or Auditor as the
case may he the Court may make sucli rule or order absolute or may
discharge such rule or order and in either case with or Avithout the
paynnmt of costs to or by either party as the Court shall deem meet
And the person against whom any rule shall bo made absolute as
aforesaid shall he deemed thereby to be ousted of such office accordingly
Provided that no such order or rule shall in any case be granted if at
the time of the application for such rule or order more than one
| month has elapsed after the election or the time when the person | ' |
| against whom such application shall he made shall have been disqualified. |
PAMT
| 184 | No. 3. | 43° VIC | 7. | 1879. |
Sydney Corporation.
PAHT IV.
Appointment o f Officers—Meetings and Proceedings o f Council.
| A iJpointm ent of | 51. The Council shall appoint a Town Clerk a City Treasurer a Health Officer (heing a duly qualified medical practitioner) a City Engineer a City Surveyor and an Inspector of Nuisances and such other officers and servants as may he necessary and shall either at the time of their appointment or from time to time hy special resolution of the Council in that behalf or hy any by-laws assign to them respectively such duties salaries wages or other remuneration as the Council may deem right Put every such officer or servant who hy virtue of his office or employment may receive or have in his hands or under liis control any moneys the property of the Corporation or Council shall give security sufficient in the opinion of the Council for the duly accounting for any such moneys and until he shall have given sucli security shall not enter upon the discharge of his duties nor be entitled to receive any salary. |
| ofiiccrs. | |
| Custody of seal and | 52. The Town Clerk shall have the charge and custody in the Town Ilall or such other place in Sydney as the Council shall direct of the common seal and of all charters grants deeds muniments and records of the Corporation or Council or relatina; to the property thereof as well as all rolls of citizens ballot-papers ballot-boxes and all hooks letters and documents not relating to accounts. |
| muniments. | |
| Suspension of oflicors | |
| and servants. | 53. The !Mayor may suspend any officer or servant of the Council guilty in his opinion of misconduct or neglect and may appoint a substitute taking from him if deemed necessary security for |
| Proviso. | the faithful discharge of his duties Provided that the Mayor shall report the matter to the Council at their next meeting and that such substitute shall hold office and receive remuneration not exceeding that of the person suspended and only until the Council decide Avhether such person shall he re-instated or dismissed And if the Council confirm such suspension or dismiss the officer or servant he shall not he entitled to any salary or wages after the day of suspension. |
| Collectors &c. to pay | 54. Every collector or other officer appointed or employed hy |
| over moneys. | the Council to collect money shall Avithin three days after he has rcceiv'ed any moneys belonging to the Corporation pay over the same to the City Treasurer whose receipt shall be a sufficient discharge for the same And every such collector or officer shall Avithin such time and in such manner as the Conncil may direct cither hy any hy-laAvs in that behalf or otherAvise deliver to the Council true and perfect accounts and statements in writing under his hand of all moneys received by him. |
| Penalty on defaulters | 55." I f any sucli collcctor or othci’ officci’ liAil to render such accounts or statements as aforesaid or to produce and delAer up all the A'ouciiers and receipts relating to tlie same in his possession or power or to pay any moneys of the Corporation that may he in his hands AAdicn thereunto required or if for three days after heing there unto required he fails to deliA'er up to the Council or to any person appointed hy the Council to receive the same all hooks papers and writings property effects matters and things in his possession or poAver relating to the execution of his office or belonging to the Corporation or Council then on complaint thereof being made to any Justice he shall summon such officer to appear before him or any other Justice at a time and place to he set forth in such summons to ansAversneh charge and ujion the appearance of such officer or upon proof that such sum mons Avas personally served upon him or left at his last known place of abode such Justice may hear and determine the matter in a sum mary Avay and may adjust and declare the balance OAving hy such |
| " | ofiicer |
| 1879. | 43' VIC. | No. 3. | 185 |
Sydney Corporation.
officer and if it appear either upon confession of such officer or upon inspection of the accounts or other evidence that any moneys of the Corporation arc in the hands of such officer or owing by him to the Corporation such Justice may order such officer to pay the same and if he fail to pay the amount such orders warrants and proceedings niaj ̂ be made issued and taken as are authorized under any Statute in force for the time being under which Justices have summary jurisdiction for enforcing the payment or punishing the party offending for non-payment of money ordered to be paid and not paid And any officer employed by the Council who sliall wilfully destroy any documents of or belonging to the Council shall be deemed guilty of a misdemeanor.
56. If any person duly authorized by the Council to act on Remedy against
behalf of the Corporation makes oath before any Justice that ]ie truly believes upon grounds to be stated in his deposition that it is the intention of any such officer as aforesaid to abscond such Justice may instead of a summons issue his warrant for bringing such officer before such or any other Justice but no person executing such warrant shall keep such officer in custody longer than twenty-four hours without bringing him before some Justice who may either discharge such officer if he think there is no sufficient ground for his detention or order him to be detained in custody so as to be brought before him or some other Justice again at a time and place to be named in such order unless such officer give bail to the satis faction of such Justice for his appearance at the time and place appomted to answer the complaint of the Corporation,
57. No such proceedings or other dealing with any such officer as Not to atrcci otiier
aforesaid shall prejudice or affect any remedy which the Corporation may otherwise have by any existing law against such officer or his surety.
58. Quarterly meetings of the Council shall be held at noon on Quarterly meetings the ninth day of March June September and December in every year.
59. Notice of the time and place of every intended meeting of Notice of meeting,
the Couneil shall be signed by the Town Clerk 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 hotu’s 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.
60. The Mayor may call meetings of the Council when he Special meetings,
thinks fit and for such purpose shall dircet the proper notices to be sent by the Town Clerk And the Mayor shall on receiving a requisition in writing in that behalf signed by at least five Aldermen stating the objects for which they require a special meeting call the same and if the Mayor shall refuse or delay for seven days to call such meeting the Aldermen making such requisition may call such meeting and may by writing under their hands direct the Towtl Clerk to send the requisite notices for the same.
61. The quorum of Members of Council for transacting business Quorum,
shall be nine and if that number be not assembled within fifteen minutes after the hour fixed the meeting shall lapse but if the Mayor be present he shall have the power of adjourning such meeting till any other day named by him.
62. The Mayor if present shall preside at all meetings of the chairman.
Council or of any committee of which he is a member and in his absence the Aldermen present shall elect one of their munber to bo chairman for the occasion and in case of an equality of votes for tho election of a chairman the chairman shall be chosen by lot.
63. All questions of Avhatever kind at any meeting shall be Decision of
decided by a majority of the votes of members present but in case of
an equality of votes the chairman shall have a casting vote.
| 2 A | 64. |
| 186 | No. 3. | 43̂ VIC. | 1879. |
Sydney Corporation.
| Committees. | 64. Tlie Council may appoint from tlieir own body any com mittee of any number not less tban eight for any purpose which would in the opinion of the Council he better effected by such com mittee with sucli powers as the Council sliall appoint and may fix the quorum of sueh committee in default of Avhicli five shall he a quorum And so far as may be consistent with any provision of this Act and any by-law in that behalf for the time being in force every |
| ProTiso. | such committee may meet and adjourn at pleasure Provided always that the acts of every such committee shall he submitted to the Council for approval and if not confirmed shall hai^e no validity. |
| Minutes. | 65. Minutes of every meeting of the Council shall be fairly transcribed into a book to be kept for that purpose and shall be read at the next succeeding Council meeting and if approved as correct shall be signed by the chairman of that meeting as being read and confirmed. |
| Remuneration of the | 66. The Mayor and Auditors may recewe from tho City Fund |
| Mayor and Auditors, | allowancc for thcir scrviccs as the Council may from time to time |
determine.
PART V.
| Powers o f Council fo r regulation o f Public | Ways. |
| Public ways rested | 67. | All public Avays in the City of Sydney noAv or hereafter |
| in Council. | formed shall be A'ested in the Council who shall have full power to alter Aviden level divert extend construct improA ê maintain repair and order such public AAuys and the footpaths thereof and to carry off any water mud or filth therefrom by means of scAvers channels or drains or otherwise subject to the provisions of this Act and any by-laws made by the Council in that behalf But no public way shall be opened altered Avidened diverted or extended or the Avidth or the footpath thereof fixed or altered until the approA âl thereto of the Governor shall have been obtained and notice of such approval shall have been published in the Gazette. |
| Powers of City Sur- | 0g_ q̂ pe City Sui’veyor or any other surveyor appointed by the Council subject to tbe provisions of this or any other Act and any by-laws or regnlations made under their authority shall within the boundaries of the City perform and may exercise all the duties and powers imposed and conferred upon the Town Surveyor of Sydney by the Act fourth William the Fourth number seven. |
| Width and formation | 69. No strcct lane or alley shall be formed Avithin the city unless such street be of the width of sixty-six feet at least and such lane or alley of the Avidth of twenty feet at least in every part thereof respectively the Avidth of such streets lanes and alleys respectively to be ascertained by measuring at right angles to the course thereof from the building-line on cacli side of such street lane or alley And every such lane or alley shall have one or more entrances thereto of the same Avidth as the lane and one of such entrances at the least shall lie uncovered And every such street lane or alley shall be formed in all respects according to any regulations in that belialf in any by-laAvs duly made under the authority of this Act. |
| of streets. |
| Public ways on | 70. | E\'ery person Avho shall hereafter propose to lay out upon |
| private land to be |
| formed by owner. | his own premises Avithin the city a public way shall before so doing deposit Avith the Town Clerk plans and sections signed by the OAvner showing the direction Avidth and levels of any such proposed public way and no person shall lay out or form tho same until he shall iiavc; received a notict; Irom the Toavu Clerk signifying the approA-al thereof of the Council Avhich shall be held to be a dedication of the same to the public And every such person shall |
cause
| 1879. | 43'̂ VIC. | No. 3. | 187 |
Sydney Corporation.
cause any such intended public way to be formed and ballasted to the approved level in accordance with any special notice in that behalf from tbe Town Clerk and in tbe absence of any such notice according to any by-law duly made in that behalf before the Council shall be required to take over tbe management control and direction of sucb public way.
71. If any person intending to lay out or form any sucb public or by Council in his
way fail to do so for three months after the sending or service of any default.
notice from the Town Clerk requiring him so to form such public way
as required by any sucb 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 tlie ('xpense thei’eof in a book open
| to the inspection of any citizen free of charge | And shall within one And to recover cost |
month after such public way shall have been formed and completed by them cause an account of tbe cost thereof to be served upon tbe
owner Avho caused tbe same to be so laid out or his agent And if Avithin fourteen days after such account shall have been so served the amount
shall not be paid to tin; City Treasurer the Council shall liaA'c the like
remedies for recovering the same as in the case of any city rate.
72. Every such public Avay shall when formed and completed Dedication of public
be held to be for ever dedicated to the public use and all such Avays as shall have been formed either at the public expense or othenvise prior to this Act coming into force and all public ways hereafter formed shall be held to haA’e been and to be from the time of the foi’mation and completion of the same for ever dedicated to the public use ami shall be vested in and under the control management and direction of the Council as constituted by this Act But it shall be hiAvful for the Governor by notice in the Gazette to permit any OAAUier of any land which shall have been formed into a public Avay and so dedicated to the public use to resume the possession for any pur pose of so much of the said way as shall be more than twelve feet from the curb stone or exterior edge of the footAvay fixed according to the provisions of this or any other Act in that behalf subject to such terms conditions and proAusions as shall l)c presciahed in such notice.
73. The Council may by notice published in the Gazette and raving of footpaths, also in tAvo of the Sydney daily neAvspapt'rs declare that any public
Avay in the city in Avhich the curbing shall lia e been permanently laid or so soon as sucli curbing shall be so laid and which shall not then be paved in accordance with the authorized plan and specification or to the provisions of this Act shall have the footpaths pa ed In every such case the Council shall cause the City Surveyor to prepare for inspection at his ofiice a plan and specification cither general or applying se]iarately to any such particular public Avay showing of Avhat Avidth and materials and generally in Avhat manner any such pavement shall be laid which plan shall be open to the inspection of any citizen free of charge.
74. After the expiration of fourteen days from the time of the Notice to pave, first publication of such Diotice in the Gazette the Council may cause
notices to be seiwed in the case of occupied premises on the tenant or any inmate and in the case of unoccupied premises on the owner of every building or land in such public way requiring the footAvay along the side thereof to be paved according to such plan and specifi cation and in the event of there not being any person in the occupation of any such building or land and of its being impossible to find the OAvner or of its being uncertain avIio is the OAATier of any such building or land such notice shall be posted up in some conspicuous part thereof.
75. Every footpath shall be deemed to extend across every pavement across
intersecting gatcAvay or other entrance from the street to any premises gateway
and the provisions of the last section shall apply thereto.
| 188 | m . 3. | 43° VIC. | 1879. |
Sydney Corporation.
| In default Council to | 76. If any part of sucL. footway be not paved according to such notice within one month or repaired within one week from tho time of the service of a notice to repair the Council shall cause the same to he so paved or repaired and shall keep an account of the expense thereof and tho amount of the same shall for the purposes of this Act he held to he a rate and he recoverable in the same way as in the case of the City rate And any tenant so compelled to pave in front of his premises may recover the amount of such rate from his landlord after he shall have been asked and neglected to pay such amount in an action as for money paid to his use in any Court |
| pave. | |
| Proviso. | of competent jurisdiction Provided that nothing herein contained shall prevent or interfere with any private agreement between landlord and tenant with respect to the ultimate liability of either to pay any specified rate. |
| Poohvay not paved | |
| according to plan | 77. Every footpath which shall not he paved according to the authorized plan and specification at the office of the City Surveyor shall he deemed to he unpaved for the purposes of this Act And |
| deemed unpaved. | |
| Penalty for using | every person who shall knowingly cause any inferior or different |
| improper materials. | material to he used in paving the footpath to that prescribed in such specification shall for every such offence he liable to a penalty not exceeding twenty pounds. |
| Dangerous buildings | 78. If any building or wall or any thing affixed thereon that purpose enter upon the premises and examine the same) to he in a ruinous or dangerous state he shall immediately cause a proper hoard or fence to he put up for the protection of passengers and shall cause notice in writing signed hy him to he served upon the owner of such building or wall if he he known and resident within the city hy leaving the same at his usual place of abode or business and shall also cause such notice to he put on the door or other con spicuous part of the premises or otherwise to be served upon the tenant thereof if any hy leaving the same on the premises requiring such owner or tenant to take down secure or repair such building wall or other thing as the case may he within a reasonable time to he named in such notice And if snch owner or tenant shall not commence within seven days after service tliereof and complete the work therein required to he done within thirty days to the satisfaction of the |
| to be taken down or | |
| rejiaired at owner’s | within the City he deemed hy the City Surveyor (who may for |
| expense. | |
| By Council. | said surveyor he shall if so directed by the Council cause all or so much of such required works as he may deem necessary to be done and all the expenses tliereof shall he paid hy the owner or tenant and if after a written demand of such expenses hy the Town Clerk such owner or tenant shall neglect or refuse for one month to pay the same the Council shall have authority to enforce payment thereof |
| Proviso. | as in the case of the City rate Provided always that if the tenant shall he compelled to pay such expenses he may recover the amount against the owner in an action for money paid to his use. |
| And the materials | 79. If any such building or wall or any part thereof he pulled down hy virtue of the powers aforesaid the City Surveyor or Building Surveyor may under the direction of the Council sell the materials thereof or so much of the same as shall be pulled down and apply the proceeds of such sale in or towards payment of the expenses incurred in respect of such house or building and shall pay any surplus arising from such sale to the owner of such building or wall on demand But the Council shall have the same remedies for compelling payment of so much of the said expenses as may remain due after application of such proceeds as for compelling payment of the whole amount. |
| may be sold for | |
| expenses. | |
| Hubbish &c. not to | 80. If any person not being authorized by the Couneil shall deposit any building materials rubbish or other thing on or make any excavation in any part of a public way without tho written authority |
| be laid in public way |
of
| 1879. | 43'’ VIC. | No. 3. | 189 |
Sydney Corporation.
of the City Surveyor such person shall he liable to a penalty not exceeding five pounds for every day during the continuance of the same until he shall have obtained such authority And such penalties may he recovered either under a separate information for each day or under one information for the sum of the several penalties so incurred.
81. If any building excavation or place near any public way Dangerous places
shall he dangerous to the passengers along such way for want of sutlicient repairs protection inclosuro or otherwise and if the tenant of the premises on ivliich such building excavation or place is situate if the same is occupied and if not occupied then if the owner thereof shall not within seven days after service of a notice from the City Surveyor requiring him to do so repair or protect the same as required in such notice and to the satisfaction of the City Surveyor then such surveyor shall cause the same to he repaired or protected in such way as he shall deem sufficient and proper And the expenses of such repair protection or inclosure shall be repaid to the Council by the tenant or owner as the case may he of the premises so repaired pro tected or inclosed and if not so repaid may he recovered in the same Avay as any City rate.
82. When any building materials rubbish or other things Penalty for omission
city the person laying or making the same whether by order of the
arc laid on or any excavation made in any public way within the ototructlons &c. the same and shall continue such light every night from sunset to sunrise while such materials or excavation shall remain and shall cause such materials or other things and such excavation to be sufficiently fenced and inclosed in such manner as the City Surveyor may direct in writing And every person offending against this enactment shall he liable to a penalty not exceeding five pounds and a further penalty not exceeding ten shillings for every day while such default is con- tinned besides being liable in any civil action for any injury sustained by anyone hy reason of such default or negligence.
83. The person who under the last preceding section shall be Who so liable,
liable to any penalty or to any damages in any civil action at the suit of any person shall be the person who by himself or his servants shall have placed any such building materials rubbish or other things or shall have made such excavation and not the employer who shall by contract or otherwise have employed him to do any work for the purposes of which any such building materials rubbish or other things or any such excavation shall have been placed or made.
84. Every person intending to build or take down or alter or Hoards and fences
repair the outward part of any building in any public way of the city whereby any street or footway may be obstructed or rendered in convenient to passengers shall before beginning the same obtain a hoarding license from the City Surveyor who may if he shall see fit grant the same for a fee of two shillings and sixpence And such person shall thereupon cause a sufficient hoard or fence to be put up in order to separate the building where such works are heing carried on from the public way with a well protected footway for passengers outside of such hoard or fence and shall continue the same in good condition to tho satisfaction of the City Surveyor so long as the public safety or convenience requires and shall to prevent accidents cause tho same to he sufficiently lighted during the night and shall remove the same when directed in writing by the City Surveyor within a reasonable time And every person guilty of any default herein shall be liable to a penalty not exceeding ten shillings for every day such default is continued besides being liable to damages in any civil action at the suit of any person on account of any such negligence And the liability imposed by this
section
| 190 | No. 3. | 43 ̂ VIC. | 1879. |
Sydney Corporation.
section sliall be held to be incurred by the person actually doing by himself or his servants or workmen any such work as herein mentioned and not by the person employing him by contract or otherwise to do the work.
| No erection &c. ex | 85. No person shall commence to erect rebuild extend add to or in any way alter any building in any public way until he shall have served a notice on the City Surveyor stating his intention so to do and at the same time describing the situation of the intended building with full and exact particulars of the intended work and shall have received the sanction of the said Surveyor to such erection re-building extension addition or alteration or until seven days shall have expired without such person having received any notice from the said surveyor that he does not sanction such work And every building erected rebuilt extended added to or altered against the provisions of this section shall be deemed an encroachment and shall be subject to the provisions hereinafter contained relating to encroachments. |
| cept on notice to | |
| Council. | |
| No curbing on pri | |
| vate land without | 86. No curbing shall be laid down upon land in the city not hitherto forming part of some public way or bcdonging to the Crown or the Corporation without consent of the owner of such land unless so laid down under the authority of the Act fourth WilHam the Fourth number seven. |
| consent. | |
| Open spaces and | |
| steps adjoining the | 87. Every tenant of any building or premises if the same be premises having any steps entrance area garden or other open space adjoining any public way or footway thereof beneath the level of the curb-stone or exterior edge of such public way or foot-way shall sufficiently protect and guard the same by rails fences or other inclosures so as to prevent danger to street passengers And for every day during which the same shall not be so sufficiently protected and guarded after written requisition to that effect has been made by the City Surveyor tbe owner or tenant of such building or premises as the case may be shall be liable to a penalty not exceeding two pounds. |
| ways to be enclosed | occupied and if not occupied then the owner of such building or |
| under penalty. | |
| defined by notice in | |
| Building-line to be | 88. Before the footpath in any new public way in the City shall be laid down tbe City Surveyor shall submit to the Council a plan of the same setting forth the proposed breadth of the carriage-way and footpath and thereupon the Council may by notice in the Gazette and one or more of the daily papers published in Sydney fix and declare the distance from the curb-stone or exterior edge of the foot path in any such public way witbin which it shall not be lawful to erect any building so that such distance shall not in any case exceed twelve feet unless with the consent in Avriting of the owner of tho premises and a line drawn at such distance shall for all purposes be the building-line of such AAny But before such notice in the Gazette shall be published the Council shall by a preliminary notice in the Gazette and also in one Sydney newspaper at the least call upon all persons interested in such public way to set forth in writing addressed and transmitted to the Town Clerk within one month from the first ])ublication of such last-mentioned notice any objection to the adoption of such plan and also any claim for compensation for any loss or damage which they may sustain by the adoption thereof and if such claim be Avell founded the amount thereof shall be paid by the Council after being first settled by arbitration as hereinafter enacted if both parties agree to submit said claim to arbitration. |
| the Gazette. | |
| How questions as to | |
| building-line to be | 89. Wlienever any question shall arise in any proceeding at laiv or in equity touching any actual building-line in Sydney it shall be held conclusively that every curb-stone as laid down and subsisting before the passing of this Act is lawfully laid doAvn And every notice given in the Gazette under the preceding section of this Act may be proved as conclusive and binding on all parties by production of the Gazette |
| determined. |
And
| 1879. | 43« VIC. | No. 3. | 191 |
Sydney Corporation.
And all plans of public ways in the City framed under any Act here tofore in force or under the said section shall also he conclusive evidence of their contents on production thereof hy any clerk or officer in the department of the Surveyor General or of the City Surveyor as the case may he.
90. Whenever it shall be represented hy the City Surveyor or Every encroachment
hy any citizen to the Town Clerk for the information of the CounciG^d’̂ ' k ' that any building whatever is or has been erected within the distance coune” '̂ ^̂”'̂ of twelve feet from the curb-stone or exterior edge of any footpath in
any public way in the City of Sydney the Council shall forthwith direct the City Surveyor or Building Surveyor to enter upon the premises ndiere such building is erected or otherwise asci'rtain hy admeasurement whetlicr the building complained of is within such distance aforesaid and thereupon such surveyor shall forthwith report to tho Council the exact amount of encroachments hy means of such building upon the said footpath or roadivay.
| 91. Upon receipt of such surveyor’s report the Council shall Council thereupon to without unnecessary delay take the same into consideration and upon | owner to |
| being satisfied that such building so complained of as an encroach- croachment. ment upon any such footpath is within the said distance the Council shall forthwitli cause a notice to be served personally upon the owmer or tenant of the premises whereon the said building is either wholly or partially erected requiring the mvner of the said premises within a time to be stated in such notice to take down or otherwise remove every jiortion of such building as shall be erected within the distance aforesaid. |
| 92. If such notice shall bo served personally upon tlie tenant Tenant receiving of such premises ho shall forthwith deliver the same personally to the | ownertf’buUd̂ ^̂ |
| owner thereof or his agent under a penalty of twenty pounds. | under a penalty. |
93. After the delivery of such notice to such owner or his agent Arbitrators to fix the as aforesaid the owner or agent (as the case may be) may thereupon
require the Council by notice in Avriting to be served upon the ToAvn owner. question as to the loss damage actual or prospectii'c or expense Avhich may presumably be incurred by the owner by reason of his compliance Aidtli the terms of tlie said notice and also to decide upon all differences which may arise between the Council and himself on account of such compliance by him as aforesaid which agreement shall provide that each party shall appoint an arbitrator with power for such arbitrators to appoint an umpire.
94. Whenever any such award shall be duly made and shall not Owner may sue the
be lauTiilly set aside the owner in aa’Iiosc favour such aAÂard may be
| in that bcdialf and tho performance of the conditions stipulated by tbc terms of tbc said aivard to demand and recover by an action brought upon the said aivard against the said Council wliatever sum shall have been aivarded to be paid to such OAvner Provided ahvays that the Proviso. | made shall be entitled after the expiration of tbe time therdn limited him. said sum until the encroachment complained of has been remoA êd. |
95. If the owner of any snch building shall neglect or refuse if owner refuses to
| to enter into such arbitration am’cement for one month after the''"'‘'‘’'”'°l”‘’’* | . | , | . | ^ | ̂ | , | agm Tnont to r |
receipt by him of the notice before mentioned and a written demand arbitration Council
be made by the Council to execute such agreement and served upon “ bUrator*"*
him or his agent it shall bo laAvful for the Council to appoint a sole
arbitrator Avho shall have all the authority vested in two arbitrators
and an umpire by the last cited Act.
9(5. If the OAAmer of any such building shall neglect or refuse Upon neglect of
after receiving the notice before mentioned to comply with the terms su""yor&î *̂ may
thereof for four months after the delivery of the same to such owner remove such building.
or
| 192 | No. 3. | 43° VIC. | 1879. |
Sydney Co7'poration.
or liis agent it shall he lawful for the Council to direct the City Surveyor or Building Surveyor to take down and remove the said building or so ranch thereof as shall cause the encroachment com plained of and the City Survejmr or Building Surveyor with his workmen or any contractor employed hy either of them for the purpose is hereby authorized thereupon to enter upon the premises and take down and remove the said building or tho encroaching portion thereof And tho Council may defray all the expenses incurred or occasioned thereby and deduct the amount thereof from any sum which may he awarded to the owner of the said building as aforesaid and pay the balance if any to tho said owner.
| Owner &c. obstruct | 97. If the owner landlord or tenant of any such building or Surveyor or any workman acting under the authority of either of them in the execution of the work hereinbefore authorized to he done by them respectively he shall be liable for every such ofEence to a penalty not exceeding twenty pounds. |
| ing City S\irveyor | |
| &c. liable to a | any other person shall wilfully obstruct the City Surveyor or building |
| penalty. | |
| Council may stop | |
| street traffic. | 98. For the purpose of doing any work upon or under any public way or whenever any public necessity may arise tho Mayor may prevent any traffic through or along the same or may take any measures for the protection of the public from accidents. |
| Penalty for blasting | |
| without license. | 99. Every person who shall blast or cause to he blasted any stone or rock within the city without having a written license under the hand of the City Surveyor shall for every such offence he liable to a penalty not exceeding ten pounds nor less than one pound. |
| intended building. | |
| Notice as to level of | 100. Every person intending to erect or rebuild any building within the city shall fourteen days at the least before beginning to dig or lay out the foundation cause a written notice to he entered hy himself his architect surveyor or attorney in a register to he kept at the office of the City Sun^eyor for that purpose of his intention so to build or rebuild together with the intended level of the cellar or lowest floor and the situation and construction of the intended privies cesspits and drains in connection with such building and the City Surveyor shall without fee signify his approval or disapproval of the same within seven days after such notice And in default of such notice or if any such intended works as aforesaid he proceeded with Avithout such approval or before such last-mentioned seven days shall have elapsed the offender shall he liable to a penalty not exceeding twenty-five pounds and the Council may cause such Avorks to he altered or otherAvise dealt with as they may deem necessary and the expenses so incurred shall be repaid by and may he recovered from the offender together Avith the penalty aforesaid in a summary Avay before any two Justices. |
| Cellars or openings | 101. | I t shall not he lawful for any person to construct any room |
| in footway not per |
| mitted. | cellar or passage in upon or beneath the surface of the footway of any street or public place Avithin the said city And any person offending against the provisions of this section shall he liable on conAuction before any two Justices of the Peace to a penalty of not less than ten pounds nor more than fifty pounds and such Justices shall further order the said offender to remo e the said Avorks and to restore the place affected thereby to the satisfaction of the City Surveyor Avithin a period not exceeding fourteen days to be then fixed hy the said Justices and in default to pay a penalty of ten pounds for every day or part of a day during Aviiich the said order shall remain uncomplied Avith after such fixed time. |
| City Surveyor to | 102. Eor the purpose of fully carrying out the provisions of the |
| enter upon premises | last preceding section it shall he laAvful for the City Surveyor under the direction in writing of the Mayor to enter upon any premises for the purpose of ascertaining the existence of any such forbidden work |
| 1879. | 4̂ 3̂ VIC. | No. 3. | 193 |
Sydney Corporation,
or -wlietlier any such order of the said Justices has been complied with and afterwards with workmen to enter and carry out the removal of tlie said Avorks and the restoration of the said place if sueh oltender shall fail to comply with the order of the said Justices Avithin the time so fixed And all expenses in connection thercAvith may he recovered from tho said offender in a summary way before any tAVO Justices of the Peace at the suit of the City Treasurer in addition to any penalty incurred under the last preceding section.
PART VI.
City Rate— Assessment Payment and Enforcement o f Rates.
103. The Council shall from tim(; to time direct valuers Aesessment of lands appointed hy them to enter in a Avard assessment hook for each AA ard iiouses &c.
in the form or to the effect contained in Schedule It licreto an assess ment of all ratable property of AvhatsocA'er kind Avithin the city AvRether occupied or unoccupied such assessment being made according to the fair average annual value of such property Avith a deduction therefrom for outgoings not in any case exceeding ten per cemt. Salable in-oî erij-.
upon such annual value and such books when completed shall be by such Amlucrs delivered to the Toavu Clerk And in case of tlie omis sion of any building from such assessment by auy A’aluer it shall be laAA'ful for the Council to enter an assessment for such Iniilding Avhich entry shall be as binding and lia e the same eft'ect as if it liad been originally made by such A'aluer And C ery building AA'hether such Inuldiug be A'csted in the CroAvn or be in the ocempation of the CroAvn or not and all lands AAdiether occupied or not Avitbin tlio said city sliall be deemed to be “ ratable property ” Avithin tbc meaning of tins Act And in assessing tbc av'erage anniial A'aluc of unoccupied land for the purpose of this section such value shall be deemed to be a sum not exceeding six per centum per annum on the estimated capital A aluc of such land.
104. Every such A’aluer shall previously to acting iu auy such neciaraiionof
valuation make and subscribe before tlu' Mayor or any Justice a declaration that ho Avill make all valuations and otberAviso perlbim tbe
duties of his oflice faithfully and AAdthout faA'our.
105. The ToAA’n Clerk shall as soon as practicable but before xoiioe of assessment
the expiration of thirty days after the deliA'cry to him of such books cause notices of the amount of such assessment in the form or to the effect contained in Schedule I hereto to be served upon the respective pixaniscs Avhetber occupied or not.
106. Any occupier or oAvner of such premises may Avithin fourteen Appeal from asscss-
days after the expiration of such thirty days as aforesaid ajipeal against such assessment and shall for such jmrpose deliver at the oflice of ibo ToAvn Clerk a notice iu Avriting of his intention to appeal stating the grounds of such appeal.
107. Such appeal shall be beard at a special sitting of the noaring of such Metropolitan Eistrict Court to be holden not earlier than fourteen
nor later than thirty days aftc'r the last day upon Avhich notice of appeals may be lodged as liereinbeforc proA’ided and }iotic(' of tbe time and place Avdierc sucb Court shall be holden shall be published in the
Gazette and in one or more Sydney ncAvspapers at least sewen (jlear
days before tbc holding thereof And after hearing the appfdlant or his agent duly authorized iu Avriting in that behalf the Judge shall liaA'C poAver to confirm or alter tbe assessjnent but tlu; same shall not bo reduced in amount by reason of the premises so assessed having decreased in value subsequently to tho making of the
| 2 B | assessment |
| No. 3. | 43« VIC. | 1879. |
Sydney Corporation.
assessment appealed against The determination of the Judge on the hearing of every such appeal shall he final and conclusive as to such assessment not merely with regard to the amount hut also upon the principle on which such assessment has heen made.
No appeal unless
| notice—Costs of ser | 108. No appeal shall he entertained unless such notice shall have heen given as aforesaid and if on .the hearing of any such appeal the Judge shall he of opinion that the same is frivolous and vexatious he may award such costs not exceeding two pounds as ho may think fit against the appellant which may be recovered hy the Town Clerk in the same way as costs in any suit in the District Court. |
| vice. |
| Confirmation of | 109. After the expiration of the fourteen days so prescribed |
| assessment books. | as aforesaid without any notice of appeal or upon the decision of any such appeal and the necessary alterations (if any) heing made in the ward assessment hooks the same shall he confirmed hy the Council and signed hy the Town Clerk and shall thereupon he the assessment books of the city for the purpose of all city rates until a new assessment he made and new assessment hooks he completed and confirmed in manner aforesaid But such assessment hooks after heing so confirmed and signed may from time to time be altered by omitting therefrom all buildings pulled down or which have become ruinous within any ward of the city and hy inserting in the said hook all buildings newly erected or altered or omitted in any former assessment hook in any such ward with an assessment of such buildings according to thcii’ like annual value And the information for such alteration shall he pre pared hy the City Surveyor and delivered before the thirty-first day of December in every year to the Toavu Clerk Avho shall give notice of every such assessment to the occupier or OAvner as the case may be as in the case of an original assessment and such party shall have a like power of appeal as is hereinbefore provided and on the decision of such appeal if anĵ or at the expiry of the time allowed for such appeal all alterations in the Avard assessment hooks Avhen confirmed hy the Council and signed hy the ToAvn Clerk sliall he deemed portions of the original Avard assessment books of the city and he as Aulid in laAV as if originally parts thereof. |
| Penalty on occupier | 110. Any occupier of property Avho on the request of any valuer |
| for mis-statoment. | as aforesaid or of the Toavu Clerk or of any collcctor of rates (avIio are hereby authorized to make such inquiries) refuses or wilfully omits to disclose or Avilfully misstates to such valuer Toavu Clerk or collector the name of the OAvner of such property or of the person receiving or authorized to receive the rents of the same or anything required for or calculated to affect any such assessment as aforesaid shall for every such offence be liable to a penalty not exceeding five pounds. |
| Assessment books |
| eyidence. | 111. The assessment books so made and signed hy the Toavu |
Clerk as aforesaid and all entries made therein upon production thereof by the Town Clerk or City Treasurer or any civic officer authorized in that behalf hy the Council shall Avithout any other evidence that the requirements of this Act have heen complied with he received in all Courts SiS primd facie cAndence of the facts therein contained.
| Limit ot rates and | 112. The Council shall on the assessment so made as aforesaid cause such rate to be raised as to them may seem proper for the general expenditure of the city (exclusive of lighting) not exceeding two shillings in the pound upon the assessment aforesaid which rate shall he designated the “ City Hate” And all such rates shall on or before the thirty-first day of March in every year he fixed and ordered hy the Council to be paid into the office of the City Treasurer by such instal ments and on such days as may he fixed hy the Council. |
| how raised. | |
| Bate books. | 113. Bate hooks of the City in the form or to the effect of Schedule J hereto signed by the Town Clerk shall Avithin three months after the completion of such assessment be filed by him |
| 1879. | 43° VIC. | No. 3. | 195 |
Sydney Corporation.
in the office of the City Treasurer and sliall he altered or a new rate hook filed ivithin two months after the confirmation or any alteration or addition as aforesaid and every citizen shall have access thereto during office hours and he permitted to inspect the same upon payment of a fee of one shilling And every such rate hook so signed and all entries therein shall he received in all Courts as primd facie evidence of all matters therein set out.
111. Upon the making of any rate a notice signed by thcNoticoofratotob#
Mayor and Town Clerk specifying the amount in the pound of the rate the purpose and period for which the same is made and on what days the same is payahle shall be puhlislnffi in the Gazette and in each of the daily newspapers and upon any such notice being so pub lished the rate therein mentioned shall be payable and paid at the times specified in such notice by the respective persons liable to j^ay tlie same for and in respect of all assessed liuildings within the city according to tho annual value of such buildings as ascertained and determined by tbc asscessment books then in force for the city and it shall not he necessary in any such notice to set forth the names of tho persons liable to the payment of the rate or the sums which according to srrch rate such jiersons are liable to pay or any other particulars than arc hereinbefore in that behalf mentioned.
115. The rate so made payable shall in the case of tbe premises Liability for
iu respect of which the same is payable being occupied be paid to the City Treasurer by the tenant of such premises at tlie time or respective times at Avhich such i-ate is made payable or demanded and in the case of such premises being vacant then by such jierson who at the time or respective times at which such rate is made payable is tin; owner of such premises And the City Treasurer shall give a rccei])t for such rate in the foi’m in Schedule K liercto But if the Council fail to recover any such rate in respect of occupied premises from the tenant of the same they may levy and recover tho rate from the owuier of such premises.
| 110. In any case ’\^dlere a tenant shall have been so required to Repayment by lami- j)ay either a greater amount of rates tliaii he owes for rent or for a | tenant, |
| period of time during which he shall not have been in occupation of the premises he shall be entitled to deduct tbe amount in excess from any rent then due or accruing or to recover the same from his land lord (after he shall have been asked and neglected to repay such excess) in an action as for money paid to his use in any court of competent jurisdiction Provided that nothing herein contained shall prevent or interfere with any private agreement between landlord and tenant witli respect to the ultimate liability of either to pay any specified rate. |
117. No land vested in trustees for purposes of public recreation Buildings exempt
health or enjoyment and no hospital benevolent asylum or otiier building used solely for charitable purposes and no building used solely for imlilic Avorship or any school under the Public Schools Act sliall be liable to be assessed or rated in resjiect of any rate under this Act.
118. In case any person liable to pay any rate neglects or refuses nisu-ess for rates,
to pay the amount thereof to the City Treasurer for fourteen days after a notice in the form or to tlie effect of the Schedule L hereto that such rate is due shall have lictm left at the premises liable for such rate or after he shall by any such notice have been called upon and required to pay such rate the Mayor may by AAm’rant under his hand distrain the goods and chattels of such person if any on the property assessed or else where in the city and cause such goods and chattels Avhen distrained to be sold and out of the moneys to arise thereby may pay all costs charges and expenses attendant upon sucb distress and sale and sliall then pay the amount of the rate for Avhich sucli distress and sale are made and pay over any surplus to the person so distrained upon In every case in
which
| 1879. | 43" VIC. | No. 3. | 217 |
Sydney Corporation.
2 2 6 . All acts and proceedings of the Council or of any person rrocccainK s of
| holding the office of Mayor Alderman or Auditor and acting as Council <to. not | 'J | ̂ | t/ | ̂ | invalKi lor loriii&i |
such shall notwithstanding it hc afterwards discovered that tlicre Avas defects,
some defect in the election of any such jterson or that he aa'us disqualified
or had not duly made such declaration as aforesaid he as valid and
dfectual as if such person had heen duly elected or qualified or had
duly made such declaration.
2 2 7 . The Council shall setup and maintain at the expense of Boundaiy-marks
| the city permanent and conspicuous boundary-marks of some durable | ‘̂‘'4 ‘»><i wards, |
| material in accordance as near as possible Avith the boundaries of the | |
| city and the several Avards and in the most public and convenient places along or near the line of such boundaries And any person Avilfully or maliciously destroying injuring or concealing any such boundary- mark shall for every such offence be liable to pay the value of such boundary-mark and also to a penalty not exceeding five pounds recover able in a summary Avay before any Justice. |
2 2 8 . The Council may enter into any contract or agreement cauncii m ay contract
| Avitlr any person to execute any Avorks or for furnishing materials or | works. |
| other things required for the city and AAdiich are authorized by this Act to be executed or obtained by the Council. |
2 2 9 . The owner of any premises shall in all cases be primarily o w n e r to bear
| liable to pay the amount of anv expense incurred by the Council | -L | */ | t- | X | *J | in nhsi'iir'ft |
in carrying out any Avork required by the Council to bo done on or in of covcimntby
respect to any such premises under the provisions of this Act exce])t so
far as any tenant has by any expr(;ss agreement in that behalf rendered
himself liable to pay the same But if any tenant not being so liable
shall be compelled to pay or shall have his goods levied on to pay such
amount hc shall in the absence of any such express agreement be
entitled to deduct the same from any rent then or to groAV due Or hc
may sue his landlord after making a demand for recovery of the amount.
2 3 0 . Tho Council may delegate to any of their officers the Council mny appoin t
performance of any duties and any authority by this Act imposed upon and given to any sjiccificd officer and may authorize any officer to do and perform any matter or thing by this Act authorized to be done and performed by the Council.
2 3 1 . The Corporation may accept and hold any real or personal City may hold ami
estate coiiA'cycd assigned devised or bequeathed to them or to the ĵ̂ arity property ̂ Council in trust for any charitable or public purpose And the ’ Council shall have full power to act for and on behalf of the Corporation
in the administration of such estates for the purposes and according to the trusts for Avhich the same may have been conA^eyed devised assigned or bequeathed.
2 3 2 . If for any reason Avhatsoc er any rate is not made Avithin Pow er to rem edy
or by the time at which the same ought under this Act to be made or frrc*l?iLrit°^in
if by reason of any irregularity in any assessment or making or IcA ŷing m akm g ra te &c.
of any rate any such rate may be or be considered to be illegal or not enforceable or any doubt may arise as to the validity of any such rate it shall be lawful for the Governor to extend the time for the making of any such assessment or rate and the levy of the same (as Avell after as before the expiration of the time within or by Avhich such assessment or rate ought to be made or levied) and to authorize the doing by the Council of such acts as may be necessary to cure any such irregularity and to make valid any such assessment and rate.
2 3 3 . I f any civic officer or seiwant of the Council neglect or Penalty on cWm
| refuse to do anything directed or required to be done by him by this | “cgiect. |
| Act or by any by-laAV in force for the time being such civic officer shall for every such offence be liable to a penalty not exceeding fifty pounds and such servant shall for every such offence be liable to a penalty not exceeding five pounds. |
| 2 E | 284. |
| 218 | No. 3. | 43° VIC. | 1879. |
Sydney Corporation.
| The Sydney Police | 234. The provisions of the Sydney Police Act fourth William the Pourth number seven or of any other Act subjecting any person to a penalty who shall discharge any firearms within the limits of the City of Sydney shall not apply to persons while engaged in any military duty or exercise or while shooting at a mark or target for any purpose connected with the duties of tlie Military or Volunteer Porce or of the Police Porce within the boundaries of the area ajipropriated for such purposes. |
| Act not to apply to | |
| military practice. | |
| All penalties &c. to |
he paid to the City235. All penalties imposed hy this Act or liy any by-law made
fund for purpo^e^ of Under its authority and all sums of money and costs made payable
th is Act. under this Act or any such by-lau' for the recovery whereof no other
procedure is hereinbefore prescribed may be recovered and enforced and all complaints heard in a summary way before any tAvo Justices according to the provisions in force for the time being regulating summary proceedings before Justices and shall when recovered be paid over to the Citv Pund to be applied for the purposes of this Act.
| maŷ '̂̂ Lkcrfn Ouf* | coinjilaiiits 01' othci' legal proceedings for the breach |
| name |
| of Nuisances and | ■ of the Inspector of this Act or of any by-laws made under its authority may unless | _ |
| other officers. | hereinbefore othenvise provided be laid and taken liy the Inspector of Nuisances or any other officer appointed by the Council in that hehalf against any person for non-compliance with or any breach of this Act. |
| Service of notices &c. | 237- Any uoticc summoiis order or other legal document may be served personally upon any owner or tenant of premises or may be delivered to any person being apparently above the age of fourteen years resident on the premises. |
| PecoTery of rates by | |
| suit. | 238. In addition to the mode of enforcing payment of any sum due and recoverable in respect of any rate or of any part thereof and any other amount otherwise payable by any person under the pro visions of this Act by the means liereinbefore mentioned the Council may recover any such sum by action or suit against any person liable under the proAusions of this Act to pay the same sum and may in any such proceeding recoA'er the arrears of any rates not exceeding three years arrears. |
| Limit of time for |
| actions for forfeiture | 239. No person shall be made liable to any incapacity disability |
forfeiture or penalty under this Act unless the action or proseimtion be commenced Avithin one month after such incapacity disability forfeiture or penalty shall have been incurred.
Council and officers
| to have powers of | 240. For the purpose of maintaining and regulating the use of |
| 4 Wm. 4 No. 7. | and preventing any obstruction or nuisance in any public Avay and also for securing and promoting the health of the inhabitants of the city and preventing any nuisance therein the Council their officers and serA'ants shall haA'e power to enforce any provision in that behalf contained in the Act fourth William the Fourth number seven or any Act amending the same and nothing in any such Act contained shall be construed to impair or abridge any poAver contained in this Act of framing by-laws for the regulation of any of tho matters specified in the tAVO hundred and tAventy-fourtli section hereof. |
| Obstructing or |
| molesting officers | 241. EA'̂ ery person aaF o shall wilfully obstruct hinder or molest |
| liable to a penalty. | any officer servant or other person laAvfully employed by or acting under the authority of the Council in the execution of any duty or the exercise of any poAver under this Act or the Act fourth William the Fourth number seven or any Act amending the same or any by-law to be made liereunder shall be liable to a penalty not exceeding ten pounds. |
| Arbitration of | |
| disputes. | 242. In any case AA'here by this Act it is declared that any per son shall 1)0 entitled to compensalion for any loss or injury sustained by him and in the case of any difPorence or dispute on any subject matter of this Act hetAveen any parties whomsoeA'cr if such parties agree to submit the same to arbitraEon and in evei’y case where any matter is required by this Act to be made the subject of a reference to arbitrators |
| 1879. | 43« VIC. | No. 3. | 219 |
Sydney Corporation.
or is directed to i)c settled by arbitration such agreement and snob arbitration shall be held to be nndcr and shall proceed in every respect according to tbe provisions of tlie Act tbirty-tirst Victoria numl)cr tiftecn intitnled “ An Act to malce arbitration more effectual” Provided always that where such parties are unable to agree to any submission to arbitration or are unable to agree to any sum to be paid by way of compensation then the amount to bo paid as compensation shall be determined in tbe Supreme Court by an action to recover such compensation to be brought by the claimant against tbc Council or npon an issue agr(!cd upon by tlie claimant and Council r(‘s])e(‘tivcly with power to the Council to plead in bar of tbc action any tender which they may have made to such claimant on paying into Court tlie amount so tendered or to pay into Court such sum of money as tlie
| Council shall think fit ajid to plead snch payment in bar | And the | . |
party succeeding in such action or upon snch issue as aforesaid shall be entitled to costs to be awarded and recovered according to the prac tice of the Coiirt.
2 4 3 . Where any notice is required to be given or served under Sci-vioe of notice,
this Act the same unless otlierwise provided herein may be served either personally or by delivering or leaving the same at or on tin premises at which the person to whom the notice is addressed lives or carries on his business or by being posted at any post office addressed to the last known place of abode or business of such person or by being posted on any conspicuous part of the premises in respect of which or of anything in connection therewith such noticc is addressed to any such person And in all proceedings in which the Council is a party service on the 'I’own Clerk of any legal process shall be taken to be good service on the Council.
2 4 4 . Any person feeling himself aggrieved by any conviction or Appeaito Quarter
| fine or penalty or charge imposed under the authority of this Atit | allowed, |
| where the fine or penalty exceeds five pounds may appeal against the | |
| same to tbe next Court of Quarter Sessions holden at Sydney unless | |
| such Quai’ter Sessions shall bo bold within fourteen days from the date | |
| of such conviction and in that case to tbc Court of Quarter Sessions | |
| then next following Such Court shall have power to hear and deter | |
| mine tlie matter of such appeal in a summary way and shall have and | |
| exercise all other powers vested in them bj" the third section of tbe | |
| Act fifth William the Fourth number twenty-two and the decision of | |
| such Court shall bo final and conclusive in respect to the subject | |
| of snch appeal Provided always that the person so appealing shall | |
| have given written notice seven days at the least hefore the hearing | |
| of such appeal of his intention to appeal and stating the grounds | |
| thereof to any one of the convicting Justices and to the City | |
| Engineer City Surveyor Inspector of Nuisances or other officer duly | |
| appointed by the Council and who prosecuted the matter before the | |
| Justices in Petty Sessions and provided also that such person (in case | |
| a fine or penalty shall have been awarded against him) shall pay into | |
| the hands of the convicting Justices the full amount thereof together | |
| with the costs awarded within one week next after conviction and |
| shall within one week from the date of such conviction enter into a | ' |
| bond with two sureties approved by sucli Justices conditionial to prosecute snch appeal with efl'cet and to abide the event of such appeal and to pay the full amount of all such costs as shall or may on such appeal be awarded against liim. |
2 4 5 . Whenever any matter or thing sliall by this Act be directed Provision in ca«e cf
to be performed on a certain day and that day happen to be Sunday '‘oiniay*. thing shall be performed on the next succeeding day.
SCHEDULES.
| 220 | No. 3. | 43« VIC. | 1879. |
Sydney Corporation.
SCHEDULES.
SCHEDULE A.
| Year and Number of | Title of Act. | Extent of Eepeal. |
Act.
| 2W m . IV Ko. 16 An Act for regulatinf^ the rates of tolls or | The whole so far as |
| dues to be levied at tho Markets of Sydney | relates to the City of |
| and Parramatta. | Sydney. |
| 4 Wm. IV No. 11 .An Act for making altering and improving | The whole so far as |
| the roads throughout tho Colony of New | relates to the City of |
| South W ales and for opening and improv | Sydney. |
| ing the streets in the towns thereof. |
| 4 Wm. IV No. 1 | An Act for protecting from Encroachment and Damage and for facilitating the formation of the Tunnel for supplying with W ater the Town and Port of Sydney in the Colony of New South Wales. | The whole. |
| 5 Wm. IV No. 20 An Act for better regulating the alignment | The whole. |
of streets in the Town of Sydney.
| 6 W m .IV No. 9.. | An J^ct to explain and amend an Act of the Governor and Council intituled “ A n Act jorhetter regulating the alignment o f streets! in the Town o f Sydney." | The whole. |
| 3 Viet. No. 19 ... An Act to authorize the establishment of | The whole so far as |
| Markets in certain towns in the Colony of | relates to the City of |
| New South Wales and for the appointment | Sydney. |
| of Commissioners to manage the same. |
| 6 Viet. No. 3 | ... An Act to declare the Town of Sydney to be a city and to incorporate the inhabitants thereof. | The whole. |
| 6 Vic. No. 9 | ... | An Act to declare that an Act passed in the present Session of the Governor andLegis- lative Conncil of New South W ales may at any time bo altered amended or repealed. | The whole. |
| 14 Viet. No. 41 ... An Act to provide for the regulation of the | Tho whole. |
Corporation of the City of Sydney.
| 17 Viet. No. 33 ... An Act to dissolve the Corporation of the | The whole. |
City of Sydney and for the appointment of Commissioners in lieu thereof for a limited period.
| 17 A'ict. No. 34 ... | An Act for the better Sewerage and Cleans ing the City of Sydney and portions of | The whole of the uu- |
| repealed sections. |
the Suburbs thereof.
| 17 Viet. No. 35 ... | An Act for supplying the City of Sydney and portions of the Suburbs thereof withW ater. | The whole. |
| 18 Viet. No. 30 ... An Act to repeal certain sections of the | The whole. |
Sydney Corporation Act 14 Viet. No. 41 and to amend the City Corporation Aboli tion Act 17 Viet. No. 33.
| 18 Viet. No. 36 ... An Act for applying certain sums raised | The whole. |
| W ater Act of 1853” for the service of the Sewerage Act of 1853” and the “ Sydney | or to be raised under the “ Sydney |
| Years 1854 and 1855. |
| 19 Viet. No. 18 ... | An Act to provide for paving certain streets in the City of Sydney. | The whole. |
| 1 8 7 9 . | 4 3 ' ’ V I C . | N o . 3 . | 221 |
| S y d n e y | C o rp o ra tio n . |
SCHEDULE A—continued.
Year and Number of
| Act. | Title of Act. | Bxtent of Repeal. |
| 19 Viet. No. 42 ... | An Aet for applying certain sums raised or to be raised under the “ Sydney Sewerage Act of 1853” and the “ Sydney W ater Act of 1853” for tho service of tho year 185G. | The whole. |
| 20 Viet. No. 3G ... An Aet to re-establish a Municipal Council | The whole. |
in the City of Sydney.
| 20V iet. No. 40 ... An Act to appropriate and apply certain | Tho whole. |
sums raised or to be raised under the “ Sydney Sewerage Act of 1853” and the “ Sydney AVater Act of 1853” for the service of the year 1857.
| 23 Viet. No. | ... | An Act to authorize the erection and m ain tenance of certain Buildings in Prince Alfred Park by the Municipal Council of tho City of Sydney. | The whole. |
| [Qy. 33 Viet.] |
| 23 Viet. No. 7 | ... An Act to legalise certain Sydney Municipal Elections and to make regulations for future Elections of Aldermen and Auditors for the City of Sydney. | The whole. |
| 30 Viet. No. 7 | ... An Act to provide for paving certain streets in tho City of Sydney. | The whole. |
| 30 Viet. No. 20 ... | An Act to extend the powers of the M unici pal Council of Sydney. | The whole. |
| 32Vict. No. 4 ... An Act to authorize the appropriation of | The whole as far a» |
| the old Burial Ground or Cathedral Close | relates to the Corpo |
| in Sydney to certain Municipal and other | ration and Council. |
| public purposes. |
| 33 Viet. No. 9 | ... An Act to amend the boundaries of the City | The whole. |
of Sydney.
| 33 Viet. No. IG ... An Act to authorize the Municipal Council | The whole. |
of the City of Sydney to establish Yards
for the sale of Cattle.
| 3G Viet. No. 11 ... An Act to authorize the leasing and im | The whole. |
proving of City Properties.
| 36 Viet. No. 12 ... | An Act to authorize a supplementary Grant of Land to the Municipal Council of Sydney for the site of the Town H all and to erdarge the statutory time prescribed for the completion thereof. | The whole. |
| s o v ie t . No. 22 | ... | An Act to amend the “ Sydney Sewerage Act of 1853.” | The whole. |
| 39 Viet. No. 7 ... An Act for preventing the pollution of the | The whole. |
water supplied to the City of Sydney and
its Suburbs.
| 39 Viet. No. 14 ... An Act for preventing certain niiisances in | The whole so far a« it |
| the City of Sydney and other Municipali | relates to tho City of |
| ties. | Sydney. |
| 40 Viet. No. 13 ... An Act further to amend “ The Sydney | The whole so far as it |
| Sewerage Act of 1853 ” to make provision | relates to the City of |
| for imposing a more equitable Sewerage | Sydney. |
| Kate. |
SCHEDULE B.
| 222 | No. 3. | 43° VIC. | 1879. |
Sydney Corporation.
| SCH ED U LE | B. |
Houndaries o f the City.
Commencing ill the centre of PaiTiiinatta-street at its junction with Bay-street thence on the west by a straight line along tho centre of Bay-street and its prolongation to the eastern shore of Blackwattle Cove thence again on tho west and on the north-west north-north-east aud east by the waters of Port Jackson to tho centre of the bridge at the foot of William-street East tlience on the east by the stream entering Ilushcutter’s Bay to a culvert on the South Head Old Hoad at the north-west corner of Sydney Common thence again on the east by the centre of Dowling-street to a point where it intersects tlie southern boundary of the Borough of Paddington thence on tho north by that boundary to its intersection with the centre of Begent-street thence by tlio centre of Leinstor-street to the centre of G-ordon-street thence by the centre of that street to the north side of Park Eoad thence by the north side of tluit road to the south-eastern angle of St. M atthias’s Church laud thence by the south-ea.stern and eastern boundaries of that land to the southern alignment of the South Head Old Hoad thence by the southern alignment of that road easterly to its intersection with tlie line laid down marked out by stone posts and deemed to be the dividing-line between the Sydney Common and the W ater Eoserve thence again on the east by the said dividing- line to its intersection with the southern boundary of the Sydney Common thence by that boundary to tho south-west angle of the said Common thence in a northerly direction by the western boundary of the said Common to its intersection with the centre of Cleveland-street thence by the centre of that street and a prolongation thereof to a landmark on the road to Cook’s Eiver thence on tho west by the eastern side of that road to tho north-eastern angle of the University Eeserve thence by a straight line from that angle to the point of commencement in the centre of Parram atta-street opposite the centre of Bay-street.
SCHEDULE C.
Houndaries o f the several Wards.
Gipps W aed .
The jiortion of the City of Sydney starting from the waters of Sydney Cove at a point joining the prolongation of the southern building-line of tho Commissariat Buildings to George street thence along the- centre of George-street to M argarct-strcct thence along the centre of M argaret-street and Margaret-place to the waters of Darling Harbour tlience along tho water’s edge to the point of starting.
| -Boukke | W a eb . |
The portion of the City of Sydney starting from the waters of Sydney Cove at a point joining the prolongation of the southern building-line of tlie Commissariat Buildings to George-street thence along the centre of George-street to King-street thence along the centre of King-street in a direct line prolonged to Bourke-street thence along the centre of Bourke-street to the waters of Woolloomooloo Bay thence along the water’s edge to the jioint of commencement.
Beisbane Waed.
The portion of tho City of Sydney bounded by the southern boundary of Gipps W ard thence along the centre of George-street to Bathurst-street thence along the centre of Bathurst-street to the waters of Darling Harbour thence along the water’s edge to the foot of Margaret-place.
| • | Macquaeie Waed. |
The portion of the Citv of Sydney bounded by the centre of George-street from King-street to Livorpool-street thence along the centre of Liverpool-street to the Old South Head Eoad thence along the centre of the Old South Head Eoad to Crown-street thence along the centre of Crown-street to its intersection with the southern boundary of Bourke W ard thence by part of the southern boundary of Bourke W ardto George-street.
Cook Waed.
The portion of the City of Sydney bounded by the centre of Liverpool-street from its junction with Elizabeth-street to the South Head Old Eoad along the centre of that road to the north-west angle of Sydney Common thence along the centre of Dowling- street to a point where it intersects the southern boundary of the Borough of Paddington thence by that boundary to its intersection with the centre of ifogent-street thence by the centre of Leinster-street to the centre of Gordon-street thence by the centre of that street to the north side of Park Eoad thence by the north side of Park Eoad to the south-eastern angle of St. M atthias’s Church land thence by tho south-eastern and eastern boundaries of that land to the southern alignment of the South Head Old Eoad
thence
| 1879. | 43*̂ VIC. | No. 3. | 22$: |
Sydney Corporation.
thonco by the southern alignment of that road easterly to its intersection with a lino laid clown marked out with stone posts and deemed to be tho dividing-line between Sydney Common and the "Water Eeserve thence in a south-westerly direction by the said dividing- line to its intersection with tho southern boundary of iSydnoy Common thence by that boundary to the south-west angle of Sydney Common thence in a northerly direction by the western boundary of that Common to its intersection witli the centre of Cleveland- street thence along the centre of that street to the centre of Elizabeth-street thence along the centre of Elizabeth-sti'cet to tho centre of Liverpool-street.
| E ixzeoy | W akd . |
The portion of the City of Sydney starting from the northern termination of Bourke-street along the water's edge to tho boundary of the city at Rusheutter’s Bay thence along the eastern boundary of tho city to the north-west corner of Sydney Common thence along the centre of the South Head Eoad to Crown-street thence along tho centre of Crown-street to its intersection with the southern boundary of Bourke W^ard thence by tho southern boundary of Bourke W ard to Bourke-street thence along centre of Bourke-street to water's edge.
| P h il l ip | W a e d . |
The portion of the City of Sydney bounded by the western boundary of Cook AV̂ ard from the south end of Elizabeth-street along tho centre of Cleveland-street to the eastern side of the old road to Cook’s Eiver thence along the eastern side of that road to Parram atta-street thence along the centre of Parram atta and George Streets to Liverpool-street thence along centre of Liverpool-street to its junction with Cook Ward.
| D e siso x | W a e d . |
The portion of the City of Sydney commencing at the centre of Parramatta-street at its junction with Bay-street thence along the centre of Bay-street and its prolongation to the eastern shore of Blackwattle Swam]) Cove thence alongthe waters of Port Jackson to the western termination of Bathurst-street thence by the centre of Bathurst-street to its junction with George-street thence along the centre of George-street and Parramatta- street to tho point of commencement.
SCHEDULE D.
Ward.
List of Citizens for the T ear IS
| Number in | Oiristian name and surnamo of | -r» | . | T | Number of |
| No. | -E v O S lC le i lC O . | 1 | -^r |
| Rule Rook. | each Person. | , | 0 | C B . |
| SCH ED U LE | E. |
Scrutineer''s Declaration.
I A .B. appointed on behalf of C.D. one of the persons nominated for election this day as Alderman for AVard {or as Auditor for the City of Sydney) to be a Scrutineer at such election do hereby solemnly declare that I will faith fully assist as such Scrutineer and will not attem pt to ascertain for whom an}̂ elector shall vote nor by any word or actimi directly or indirectly aid in discovering the same unless in answer to any question which I am legally bound to answer or in com])lianco with the provisions of the “ Sydney Corporation Act of 1879.”
SCHEDULE E.
Dallot-paper.
| Electiois of an Alderman {or two Aldermen) on the | day of | 18 |
L ist o f Candidates fo r Election.
| Eor | Ward of the City of Sydney. |
| Names. | -Addresses. |
Ballot-paper.
| Election of an Auditor (or Auditors) on the | day of | 18 |
| , | . . | L ist | o f Candidates fo r .LIaction fo r the | City o f Sydney. |
| Names. | - | Addresses. |
| SCHEDULE G. |
| 224 | No. 3. | 43̂ VIC. | 1879. |
Sydney Corporation.
SCHEDULE G.
Scale o f Maximum Hates o f Market Fees and Charges.
M arket Fees.
s. d.
For every horse mare foal mule or gelding received into the
| yards for sale... | ... | ... | ... | ... | ... | ... | 1 | 0 |
| For every head of cattle so received | ... | ... | ... | ... | 0 | 6 |
| For every sheep lamb pig or goat so received | ... | ... | ... | 0 | 1 |
Charges fo r use o f Yards after the Sale Day fo r any portion o f twelve hours.
For every head of cattle and every horse mare foal mule or
| gelding | ... | ... | ... | ... | ... | ... | ... | 0 | 1 |
For every twenty sheep or lambs pigs or goats or portion of
| twenty of such animals | ... | ... | ... | ... | ... | 0 | 1 |
The above charges for the use of yards are not to bo e.vacted for stock paying M arket Pees if such stock are not yarded until after 2 p.m. of the day preceding the day on which they are offered for sale and are removed before 8 a.m. of the day following such sale day.
SCHEDULE H.
Form o f Assessment Book.
An Assessment of the gross and net Annual Value of all Premises liable to be rated
| in | W ard in the City of Sydney. |
Net value
| Gross | fixed by |
| Name of Owner | Net value |
| Name of Person | Description of | annual | City |
| No. | Situation. | or Landlord of | fixed by |
| rated. | premises. | value in | Council |
| premises rated. | valuers. |
| pounds. | o r District |
Court.
| (Signed) | ^ | | Valuers. |
SCHEDULE I.
^Form o f Notice o f Assessment.
City of Sydney.
| No. | W ard |
To
N o t i c e is hereby given tha t by virtue of the “ Sydney Corporation Act of 1879 ” the
Council of the City of Sydney have ordered and directed you to be assessed in respect of the undermentioned premises a t the sum hereunder set forth :—
Net value of promises, clear of
| Person rated. | Premises assessed. | outgoings. |
£
Notice is also hereby given that if you be dissatisfied with the above assessment
you may appeal against the same to the Metropolitan D istrict Court at a sitting to be
holden for the purpose of such appeals according to the provisions contained in sections
of the abovenamed Act.
| Dated at the Town H all Sydney this | day of | 18 | . |
Town Clerk.
| Date of service | 18 | . |
SCHEDULE J.
| 1879. | 43̂ ̂ VIC. | No. 3. | 225 |
Sydney Corporation.
SCHEDULE J.
Form o f Fate Book.
| Period for | City Rato. |
| ■which rate is Assessed | annual | Date of |
| No. | Situation. | Person rated. | ordered half | value in | Payment. |
| year ending | Amount in |
| pounds. | the | Amount. |
| £ B. d. |
SCHEDULE K.
| City Eato No. | Ward. |
| Amount assessed not exceeding £ | : |
| E eceta'KD on the | ’ | 18 | from | the sum of |
| being the amount of the half-yearly City Eate to the tiOth .Tunc IS | on premises of |
| corresponding number with the above in the City Eate Books. |
| £ | City Treasurer. |
| Eegistcred for | votes. |
Town Clerk.
| SCH ED U LE | L. |
Form o f Notice o f Hates.
City of Sydney.
| No. | A¥ard. |
N o tic e is hereby given that by virtue of the “ Sydney Corporation Act of 1879” the
Council of the City of Sydney have ordered and directed you to be assessed and rated in respect of the undermentioned premises at the sums and for the purposes hereunder set fo rth :—
| Net value clear | Amount of |
| Person rated. | Premises assessed. | Nature of rates. | In the £. |
| of outgoings. | rates. |
City rate half-year
ending
o r
other rate half-year
ending
a s th e ca se m a y he.
p
T ou are hereby required to pay the amount of Ihe said rates into the otEce of the City Treasurer within fourteen days from the date of service of this notice And if the same bo not paid into such office within the period above prescribed a warrant will bo forthwith issued by the Mayor for the recovery of the same with costs.
| Dated at the Town Hall Sydney this | day of | 187 | . |
City Treasurer.
| Date of Service | 187 | . |
N.B.—You arc requested to bring this notice with you when you come to pay.
City Treasurer’s Office
| Sydney | 187 . |
Eeceived tlie amount of rates above mentioned.
City Treasurer.
| 2 F | SCHEDULE M. |
| 226 | No. 8. | 48« VIC. | J879. |
Sydney Corporation.
SCHEDULE M.
Table o f Costs.
s. d.
| For every warrant of distress | ... | ... | ... | ... | ... | 2 | 0 |
For e v e l e v y ... ... ... ... ... ... ... 1 0 For man in possession one shillins; per hour for the first three hours
and if longer detained sis shillings per day or part of a day.
For inventory sale commission and delive.'’y of goods not exceeding
one shilling in the pound on the net proceeds of the sale.
SCHEDULE N.
Warrant o f distress against any number o f tenants actually rated or the occupants.
| To | and his assistants. |
TFhereas the several persons whose names appear in the Schedule hereunder written have been rated by the Council of the Corporation of Sydney in respect of the premises named in the said Schedule at the sums and for the rates set down oppo.site to their respective names And whereas the said several sums were and still are due and jiayable on account of such rates and default has been made in the payment thereof respectively to the City Treasurer although demand has been made according to law These are therefore to authorize you forthwith to make distress of the several goods and chattels in the first place of the person or persons named in the said Schedule if he she or they be then resident in the said premises and have any goods and chattels there and in case of a change of possession then upon the goods and chattels of any person or persona who shall then bo the occupier or occupiers in possession of the said premises so named in the said Schedule at the time of the execution of this warrant and if within the space of three days next after the making ef either of such distresses respectively the said several sums of money set opposite to their respective names at which the person or persons was or were so rated as aforesaid and the said several sums for costs also set opposite to their respective names including your lawful charges for levy inventory sale commission and delivery of goods in each case shall not be paid that then you do sell the said goods and chattels of the person or persons so by you distrained and out of the money arising by such sales respectively you retain the respective sums so due and owing for the premises in the said Schedule mentioned and occupied by the parties or parties whose goods you shall have sold rendering to him her or them the overplus after deducting the charges of taking keeping and selling the said distress and that you certily to me on or before the
| day of | what you shall have done by virtue of this warrant. |
SCHEDELE.
| .2 § | Names of | Description of | Situation | What | Costs. | Total. |
| Ratepayers. | Property. | of Property. | Rates. |
1̂
| 8. d. | 8. d. | £ 8. d. |
| Given under my hand and | the Common Seal of the | Corporation of Sydney |
| at the Town Hall this | day of | A .n. | 1 8 | . |
| Mayor. | l.s. |
No. IV.
0
0
0