Sydney Hamlets Police Act 1853 No 25a (NSW)
| 2718 | No. 25. | i r VIC. | 1853. |
Sijthiey Hamlets Police.
No. XXV.
| ^̂“’pwrc™' | extend to the Sydney Hamlets certain |
| ---- | of tlie provisions of the Sydney Police Act. [lOth October, 1853.] |
| Preamble. | \ \ J IIEEEAS it is expedient to make fuvtlier provision for the |
| V V maintenance of the public peace and good order Avitliin the | |
| Suburbs of the City of Sydney as well as for the removal and prevention of nuisances and obstructions therein Be it therefore enacted by ITis Excellency the Governor of X cav South Wales with the advice and consent of the Legislative Council thereof as follows :—^ |
| Bmindavies aa in | 1. Tlie “ Sydney Hamlets ” shall for the purposes of this Act be deemed to comprise all such suburbs and jilaces in the neighbour hood of the City of Sydney as are mentioned and descrilfed in the Schedules to this Act annexed. |
| Schedules. | |
| Powers of police. | 2. I t shall be laAvful for any constable to apprehend any person whom he shall find drunk in the streets thoroughfares or public places within the said Hamlets and to convey him before a Justice of the Peace to be dealt Avitli according to law and to appreliend all loose idle drunken or disorderly persons whom he shall find between sunset and tlie hour of eight in the morning lying or loitering in any street higliAvay yard or other ])lace within the said Hamlets and not giving a satisfactory account of themselves and to deliver any person so apprehended into tlie custody of the constable avIio shall be in atten dance at the nearest watch-house in order that such jierson may be secured until he can be brought before a Justice of the Peace to be dealt Avith according to law or gh'c bail for his appearance before a Justice of the Peace if the constable shall deem it prudent to take hail in the manner hereinafter mentioned. |
| Constaldes at watch- | , 3- Where an person found h ing or loitering about as afore- |
| may take from per- Said Or charged with any petty misdemeanor shall be brought Avithout | |
| pettVmIsdemranOT of a Justicc of tlie|Peace into the custody of any con- | |
| lecognizances con- stable duidug liis attendance in the night-time at any Avateh-house it |
a MagTs- ^hall lie laAvful for such constable if he shall deem it prudent to take
| trate. | bail by recognizance Avith or Avithout sureties as the said constable shall think fit Avithout any fee or rcAvard from such person conditioned that such person shall appear for examination before a Justice of the Peace at some j)lace to be siACcified in the recognizance at the hour of ten in the forenoon next after such recognizance shall be taken unless that hour shall fall on a Sunday or Christmas Day or Good Ihiday and in that case at the like hour on the succcc'diug day and ewery recog nizance so taken shall be of ecpial obligation on the parties entering into the same and liable to the same proceedings for the estreating thereof as if the same had been taken before a Justice of the P(‘aee and the constable shall enter into a book to be kept for that pui'pose in every Avatch-house the names residence and occupation of tlie party and his surety or sureties (if any) entering into such recognizajice together with the condition thereof and the sums respectwely acknoAv- ledged and shall lay the same before such Justice as shall be present at the time and place Avhen and AA'hcre tlie party is requiriid to appear |
| In default of a p p e a r - j f | party do6S uot appear at the time and iilaee required |
| ance recognizance |
| to bo forfeited. | or Avithin one hour after the Justice shall cause a record of such recognizanci' to be draAvn up and signed by the constahle and shall return the same to the next General or Quarter Sessions of the Peace Avith a certificate at the back thereof signed by such Justice that the party has not complied Avith the obligation therein contained |
and
| 1853. | ir VIC. | No. 25. | 2719 |
Sydney Hamlets Police.
and the Ch'vh of tlie Peace sluvll make the like estreats and schedules of every sncli recognizance as of recognizances forfeited in the Sessions of the Peace and if the party not appearing shall apply Time of lu aring may
hy any person on this behalf to postpone the hearing of the charge against him and the Justice shall consent thereto the Justice shall he at liberty to enlarge the recognizance to such further time as he shall appoint and when the mattc'r shall he heard and determined either hy the dismissal of the case or by binding the party over to answer the matter thereof at the Sessions or otherwise the recognizance for the appearance of the party before a Justice shall he discharged without fee or reward.
i. If any person shall assault or resist any constahle or peace Assmiit on poUoe-
ollicer in the execution of his duty under this Act or shall aid or incite any person so to assault or resist every such offeudor being convicted thereof shall forfeit and pay a sum not exceeding live pounds.
5. If any victualler oi- licensed publican or other person shall Pcn̂ iity on puWioans knowingly liarl)our or entertain any constable or permit such constable im'nTiVing tuô '̂
| to abide or remain in liis liousc; shop room or other jdace during any | of |
| part of the time appointed for his being on duty elsewhere every such victualler licensed jmldican or other person being convicted thereof shall for every such olfence forfeit and pay a sum not exceeding five pounds. |
(*). All Justices and constables shall as far as in them lies cause To cause the Lords
the Lord’s Lay to l)e duly observed by all persons in the said Hamlets and shall not permit or sulfcr any house shop or stoi*e or other place therein to be open on that day for the purpose of trade or dealing the shops or houses of butchers bakers fishmongers and greengrocers until the hour of ten in the forenoon and of bakers between the hours of one and two in the afternoon and of apothecaries at any hour only excepted and any person who shall trade or deal or keep open any shop store or other place (except as aforesaid) for the purpose of trade or dealing on tlie Lord’s Lay shall on conviction forfeit and pay a sum not exceeding three pounds.
7 . Tlie owner or occupier of any public billiard room or other As to not suffering
public place of amusemeut within the said Hamlets who shall permit or suffer any one to play in his liouse or premises any game on Sunday shall on conviction forfeit and pay a sum not exceeding five pounds and it shall bo lawful for any Justice of the Peace to disjierse or cause to be dispersed all persons gathering together on Sunday in any public or open place within the said Hamlets for the purpose of gambling or playing at any game and to take and seize or cause to be taken and seized any implements instruments or animals used or intended to be used therein and to destroy or carry away the same and all persons actually gambling or playing as aforesaid shall be prosecuted accord ing to law.
8. Any person who shall damage any public building wall As to diunaging
parapet sluice bridge road street sewer watercourse or other public property witliin the said Hamlets shall pay the cost of repairing the same and if the same be wilfully done shall forfeit and pay a sum not Penalty,
exceeding twenty pounds.
9 . Any person who shall cast any filth or rubbish into any As to obstructing
| I T | i | ^ | ̂ | T | 11 | 1 | X | T | X £» | 'x* | public watercourses |
public watercourse sewer or canal or shall obstouct or divert Irom its channel any such sewer canal or watercourse within the said Hamlets shall forfeit a sum not exceeding five jmunds and shall pay the costs Penalty,
of removing such filth or obstruction or of restoring such watercourse
or canal to its proper channel.
10. Any person who shall injure any public fountain pump As to injuring public
cock or Avater pipe or any part thereof shall pay the cost of repairing pg "aUy.̂ ’
the same and if the injury be wilfully done shall forfeit a sum not
| 2 n—VOL. 4. | exceeding |
| 2720 | No. 25. | VIC. | 1853. |
Sydney Samlets Police.
exceeding twenty pounds nor less than one pound and any person who shall have in his possession any private key for the purpose of opening any cock or who shall in any manner clandestinely or unlawfully appropriate to his use any water from any public fountain or pipe shall forfeit a sum not exceeding tAventy pounds and any person Avho shall open or leave open any cock of any public fountaiii or pump so that the water shall or may run to waste shall forfeit a sum not exceeding two pounds and any person Avho shall Avash any clothes at any public fountain or pump shall forfeit and pay a sum not exceeding one pound.
Throwing filth on11. I f any person shall in any street or road Avithin the said
| driving barrows and | carnage or footways Ijamlcts throAV cast or lav oi’ sliall cause permit or suffer to bctliroAvn | |||
| carriages on pavecast or laid or to remain any ashes rubbish offal dung soil dead animal | ||||
| ||||
| goods &c. on foot | ||||
| ||||
| ||||
| Placing timher | ||||
| ||||
| Not removing when shall not immediately remove all or anv such matters or things being |
thereto required by any Justice of the Peace and shall not continue and keep the same so removed or if any person having in pursuance
| Ecplaciiig the same | of any such requisition as aforesaid reinoA’ed or cause to be removed |
| after removal. | any such stall-hoard shew-hoard chopping-block basket wares mer chandise casks goods coach cart wain wagon dray barroAV sledge truck carriage timber stones bricks lime meat offal or other matters |
or
| 1853. | ir Y io . | No. 25. | 2721 |
Sydney Hamlets Poliee.
or tilings sliall at any time thereafter again set lay or place expose or put out or cause procure permit or suffer to he set laid placed exposed or put out the same or any of them or any other stall-hoard shew- hoard choppiug-hloclv basket wares merchandise goods timher stones bricks lime coach cart wain wagon dray truck harrow sledge meat offal or other things or matters whatsoever (save and except as aforesaid) in upon or over any of the carriage or footways of or next unto any streets or roads as aforesaid then and in every such case every person so offending shall upon conviction forfeit and pay for the first offence a sum not exceeding forty shillings nor less than five shillings and it shall also he lawful for any Justice or any constable without any warrant or other authority than this Act to seize any such stall-hoard shew- st iiis &c. may to
hoard ehoppiug-block basket wares merchandise casks goods coach cart wain wagon dray barrow sledge truck or other carriage together with the horses or other animals if any shall he thereunto belonging with the harness gear and accoutrements thereof or any such timher or other materials or other matters or things aforesaid or any of them and in case any of the goods Avarcs or merchandise so seized shall he perishable or shall he articles of food then the same shall he imme- Perishable seizures
| diately forfeited and the person or persons who shall seize the same | how disposed of. |
| shall deliver the same or cause the same to he delivered to the Superin | |
| tendent of the Benevolent Asylum for the time being and the same | |
| shall and may he distributed for the benefit of the inmates of the said | |
| Asylum hut othenvise such Justice or constahle shall cause the stall- | Other seizures. |
hoard basket cask goods coach cart wagon wain dray barrow sledge truck or other carri:ige horses or other animals materials or other things so seized and not being of a perishable nature to he removed to any place appointed for the reception thereof if any such there he or otherwise to such place or places as he or they shall judge con venient giving verbal notice of such place unto the owner driver or other person having interest in the things so seized and removed if he shall be then and there present and the same shall he there kept and detained until such owner driver or other person interested therein as aforesaid sliall eause to be paid the penalty in Avhich he shall be con victed together with the charges for taking and removing the same and of keeping such horses or other animals (if any) and in case the ir soo(U be not
| animals or other thin<>rs so removed sludl not he elaimed and the said | 1 j | 1 1 | 1 | »i | 1 | i. | i?i_ | 1 | 1 | ° * |
penalty and charges be paid within five days next alter sueh removal it shall he lawful for any Justice to order the same to he appraised and sold and the overplus of the money arising from such sale (if any) shall he paid to the owner thereof after deducting the said penalty and such costs charges and expenses attending such seizing removing keeping appraising and selling the same as the said Justice shall ascertain and allow.
IJ. Provided ahvays that nothing in this Act contained shall Nĉ t to preyent awn-
bc deemed to prevent any jierson from placing an aivning in front of L'llront'of
his or her shop or house provided hoAVCver that such avming be at
least eight feet above the height of the footivay in front of such house
or shop and that the posts he placed dost! up to the kerb-stone or
outer edge of such footway.
I t. Any person Avho shall discharge any firearms without As to discharging
lawful cause or let off any fireworks in or near to any road or street within the limits of the said Hamlets shall forfeit and pay a sum not exceeding five pounds.
15. It shall not he lawful for any person to burn any shavings Burning shavings
or other matters or things in any street road or public place Avithin
the said Hamlets and any person so offending shall forfeit and pay a I’cnaity.
sum not exceeding forty shillings.
| 2722 | No. 25. | ir VIC. | 1853. |
Sydney IIa7nlets Police.
| Bathin" prohibited | 10. I t shall not be laAvful for any person to bathe in any waters exposed to view from any road street or dwelling-house in or near to the said Hamlets between the hours of eight in the morning and seven in the evening and any person who shall oifend against this regulation shall on conviction before or on view of any Justice of the Peace forfeit |
| within certain limits. | |
| Penalty. | and pay a sum not exceeding twenty shillings and it shall he lawful for any constahle to arrest any person Avho shall he found bathing contrary to the provisions hei-eof and such person to convey before a Justice of the Peace to be dealt with according to law. |
| Tnd'^ccnt exposure of | |
| the person. | 17. Any individual who shall offend against decency by the exposure of his or her person in any street or public place within the said Hamlets or in the view thereof shall forfeit and pay a sum not |
| Penalty. | exceeding ten pounds and it shall be lawful for any constable or other person to apprehend any person whom he may find in the act of committing any such offence and him or her to convey before any Justice of the Peace to be dealt with according to law. |
| Swine liorses goats | |
| &c. not .suffered to | 18. I t shall not be lawful for any person whomsoever to suffer belonging to him or under his charge to stray or go about or to be tethered or depastured in any road street or public place within the said Hamlets and any person who shall so ofi'end shall forfeit and pay |
| wander about the | any kind of swine or any horse ass mule sheep goat or other cattle |
| streets. | |
| Penalty. | in respect of every sueh animal a sum not exceeding forty shillings Provided that after due incpiiry shall have been made and the owner thereof cannot be discovered it shall be lawful for any person to destroy any kind of swine or goats so straying and injuring property of any description. |
| Kog-styes and nui- |
| sanc(‘s not removed | 19. In case any privy hog-stye or any other matter or thing |
| on coiu[)laint. | which shall at any time or times hereafter be in any place within tin; said Hamlets shall be or become a nuisance it shall be lawful for any two Justices upon complaint thereof to them made by any of the inhabitants and after due investigation of such complaint by notice in writing to order that such privy hog-stye or other matter or thing being a nuisance sliall be remedied and removed within seven days after such notice shall have been given to the owner or occupier of the premises Avherein such nuisance shall exist or shall have been left for such owner or occupier at his or her last or usual place of abode |
| Penalty. | or on the said premises and every such OAvner or occupier neglecting to remedy or remove such nuisance pursuant to such notice and to the satisfaction of such Justices shall forfeit and pay the sum of ten pounds for every such neglect or disobedience and also it may be laAvful for such Justices to indict or cause to be indicted for such nuisance such person so neglecting or disobeying any such notice at the then next Court of General or Quarter Sessions to be held nearest to the said Hamlets and such person or persons being found guilty thereof such nuisance or nuisances shall be removed taken down and abated accord ing to the laAV Avith regard to public or common nuisances and the person so offending shall be subject to such punishment for the misdemeanor as the Justices assembled at such Sessions shall direct. |
| As to cleansing |
| private avenues. | 20. Any OAvner or occupier of any house or place Avithin the |
said Hamlets aa'Iio shall neglect to keep clean all private avenues passages yards and AA ays within the said premises so as by such neglect
| Penalty. | to cause a nuisance by offensive smell or otberAvise shall forfeit and pay a sum not exceeding forty shillings for every such offence. |
| Cleansing butchers’ |
| shambles and | 21. Por preseiwing the cleanliness of the said Hamlets and the |
| slaughter'lioiiscs. | health of the inhabitants thereof it shall be laAvful for any Justice of the Peace and for any constable authorized and deputed by any Avriting under tlie hand of any such Justice from time to time and Avhen and as often as he or either of them shall sec occasion to visit and inspect the butchers’ shambles and slaughter-houses in the said Hamlets and |
| 1853. | VIC. | No. 25. | 2723 |
St/dney Hamlets 'Police.
to give such directions concerning the cleansing the said shambles and slaughter-houses both within and without as to liim shall seem needful and any butcher and the owner or occupier of any such shamble or rcnaity.
slauglitcr-liouse who shall ohstnict or molest any such Justice or constable in the inspection thereof or who shall refuse or neglect to comply with such directions witliin a reasonable time shall upon the Aucw of a.ny such Justice or on conviction on the complaint of any such constahle forfeit and pay a snm not exceeding forty shillings.
22. I f any person shall haul or draw or cause to be hauled o r pra"ins or trailing
draAvn upon any part of the stretds roads or places A vithin the said Hamlets any timher stone or other thing otherAvise tluin upon Avheeled (tarriages or shall suffer any timber stone or other thing which shall he carried principally or in ])art upon Avhceled carriagt's to drag or trail upon any part of such stret't or public place to the injury tlu'reof or to hang over any part of any such carriage so as to occupy or obstruct the street or road beymid the breadth of the said carriage CA'cry such person so offimding shall forfeit and pay for CAmry such offence a sum not exceeding forty shillings OA'er and ahoA'c the damages Penalty,
| occasioned thert'by and it shall be hiAvful for any constable to appre hend any person AAdiom he shall find in the act of committing any such offence and to comxw such iierson before anv Justice of the | _ | J. | t- |
Peace to be dealt Avith according to laAV.
23. If the OAvner or occupier of any premises within the said Kutianecs to cellars Hamlets having any rails or bars over the areas or ojicnings to any covciedTnd'seemed, kitchens or cellars or otht'r part of the said premises beneath the
surface of the footway of any streets or jiublic places Avithin the said Hamlets or having any doonvay or ('utrance into the baseintmt or cellar story thereof shall not either keep the same or the rails of such kitchens ctdlars or other parts in sufficient and good repair or con stantly kec'p the same securely guarded by rails or cover the sanu' over Avith a strong flap or trap-door according to the nature of the case and so as to jircAnnit danger to persons passing and repassing or if any siwh OAvner or occupier shall leaA e open or not sufficiently and substantially kei'p covered and secured any coal or other hole funnel trap-door or cellar-flap belonging to or connected Avith his premises (saA’c and except only during reasonable time for use alteration or repair) or if such OAvner or occupii'r shall not repair and from time to time keep in good and substantial repair all and every or any such rails guard-rails flaps trap-doors and other coA'cring then and in every such case the person neglecting so to do shall for CA'cry or any such offence on conviction befdia' or on the A'iew of any Justice foiffeit I’enaity.
and pay any sum not exceeding iHe pounds.
2 1. I t shall not be hiAAfful for any person to make any cellar or Cciims or openings any opening door or AvindoAv in or beneath the surface of the footAvay of f)mways in'oiii-'̂ of any road street or public place Avithin the said Hamlets and if any
person shall offend in the premises he shall forfeit and pay any sum
not exeei'ding th e pounds over and abov(' the cxpt'nse of remedying Penalty,
or ri'inoving any such cellar opening door or AA'indoAV such expense to
be assesst'd and alloAved by the conAueting Justice or Justices.
25. E ax'it ])crson AA'bo shall have a aaxII sihiated hetAA'cen h is aamis to i>e covored
dAvelling-house or the appurtenances thereof and any road street or
footAvay Avilh the limits of the said Hamhffs or at the side thereof or
in any yard or plact' optm and t'xjiosed to such road street or footAvay shall cause such Avell to he st'curtdy and permanently covered over and if any ])crson having sueh Avcdl as aforesaid shall fail to cover and st'curt' the sanu' Avithin the time and in the manner hereby required and directed siudi person shall forfeit and pay the sum of tAVO shillings Pemdty.
and six])ence for cAxry day that such Avell shall remain open or
uncovered contrary to the provisions hereof Provided that Avith Proviso.
respect
| 2724 | No. 25. | IT YIC. | 1853. |
Sydney Samlets Police.
respect to wells open at the time when this Act shall come into opera tion such penalty shall not he recoverable if the same he i)ropci’ly covered within three months thereafter.
| Holes made for | 26. If any person shall dig or make or cause to he dug or made any hole or leave or cause to he left any liole in or adjoining to any street road or public place within the said Hamlets for the purpose of making any vault or vaults or the foundation or foundations to any house or other budding or for any other purpose whatsoever and shall not forthwith enclose the same in a good and sufficient maiintn’ or shall keep up or cause to he kept up and continued any such enclo sure for any time which shall be longer than shall be reasonably required or shall not when thereunto required hy any Justice well and sufficiently fence or enclose any sueh hole within twenty-four hours after he shall he required to do so hy any Justice of the Peace and in the manner and with such materials as he shall direct and to his satisfaction and shall not place a light upon the said enclosure and keep the same constantly burning from sunset to sunrise during the |
| enclosed. | |
| Penalty. | continuance of such enclosure then and in every sueh case the person so offending shall forfeit and pay for every such offence and for every such refusal or neglect any sum not exceeding five pounds. |
vaults &c. to be
Slop night soil &c.. , 27. I f any person or persons shall drive or cause to he driven
only at cerbiin hours, any cart or other carnage with any night soil or ammoniacal liquor
therein through or in any of the streets roads or public places within
| . | the said Hamlets between the hours of six o’clock in the morning and ten o’clock at night or shall fill any cart or other carriage so as to turn over or east any night soil ammoniacal liquor slop mire or channel dirt or filth in or upon or near to any of the said streets or other public places it shall and may he lawful for any person whomsoever to seize and apprehend and to assist in seizing and apprehending the offender and to convoy him before any Justice of the Peace and every person so offending shall for every such offence forfeit and pay any sum not |
| Penalty £5. | exceeding five pounds and in case the person so offending cannot he |
| Proviso. | apprehended then the owner of such cart or carriage in which such night soil or ammoniacal liquor slop filth mire or channel dirt shall he |
In w bat case owners put Or placed and also tho employer of the person so offending shall
| to be liable. | . | . . | . |
be liable to and forfeit and pay such penalty as aforesaid.
| Hours for removing | 28. I f any person shall take away night soil from any house |
| night soil &e. | or premises ufithin the streets of the said Hamlets or shall come Avith carts or carriages for that purpose except between the hours of ten at night and six in the morning or if any person or persons shall put in or cast out of any cart or tub or otlierwise any night soil in or near any of the streets or public places Avithin the said Hamlets it shall he laAvful for any constahle (and they are hereby strictly charged so to |
| Offender may be | do) or for any other person whomsoeA’er to apprehend and convey any |
| apprehended | persons found committing any of the said offences to the nearest Avatch-house and from thence to conA'ey them as soon as conveniently may be before some Justice of the Peace avIio shall commit every |
| bouse of correction.gaol for any time not exceeding thirty days and the OAA'ncr of any | and committed to the such offender upon conviction to the house of correction or common |
carts carriages horses or beasts employed in and about emptying and remoAung such night soil or coming for that purpose (saAn and except Avithin the hours hereby alloAved) or the employer of any person Avho shall so put or cast out any such night soil shall forfeit and pay any sum not exceeding five pounds for every such offence.
Injuring or extin
| guishing lamps. | 29. Any person who shall bo convicted of wantonly or mali ciously breaking or injuring any lamp or lamp-post or extinguishing any lamp set up for public or private convenience within the said Hamlets shall OA'cr and above the necessary expense of repairing the injury committed to be estimated hy the Justice before whom such |
offender
| 1853. | ir vio. | No. 25. | 2725 |
Sydney Samlets Folice.
olfendor sliall be brought forfeit and pay any sum not exceeding five rcnaity,
pounds and it shall be lawful for any constable to seize any person
whom ho shall find in the act of committing any such offence and to
convey him or her to the nearest watch-house there to be detained
until he can be brought before a Justice of the Peace to be dealt with
according to law.
30. Any person who shall be desirous of blasting any rock No rock to be Wasted
within the distance of one hundred feet of any street road or other public place within the limits of the said Hamlets shall give notice in writing twenty-four hours previously to some one of the nearest resident Justices of the Peace who shall appoint in writing a time when the same may take place and give such other directions as he may deem necessary for the jmblic safety and if any person shall blast or cause to be blasted any rock within the limits aforesaid without giving such notice or shall not conform to the directions given to him Penalty,
by the said Justice he or she shall forfeit and pay for every such offence any sum not less than ten pounds nor more than twenty pounds and the proof of such authority as aforesaid shall be on the party proceeded against for a breach of this enactment.
31. Any person Avho shall form dig or open any drain or No tmf ginvei &c.
sewer orwlio from any part of the roads streets or thoroughfares within
the said Hamlets shall remove or cause to be removed any turf clay mis-sion.
sand soil gravel stone or other material without h'ave first had and
obtained from tho officers or persons having lawful charge of such
roads streets or thoroughfares respectively or in the absence of any
such persons then from some d ustice of the Peace residing near thereto
or who shall wantonly break up or otherwise damage any part of the
said roads streets or thoroughfares shall on conviction forfeit and pay I’cimity.
for every such offence any sum not exceeding five pounds.
32. If the driver of any wagon wain cart or dray of any if :uiy aiiver i bie
kind shall ride upon any such carriage in any street as aforesaid not giulio'iliŝ csisr"
having some person on foot to guide the same (such carts as are
drawn by one horse and driven or guided Avith reins only excepted) emts with reins
or if the driver of any carriage Avhatsoiwer shall Avilfully be at such
a distance from such carriage or in such a situation whilst it
| shall be passing upon sucb street that he cannot have the direction | '' |
and government of the horse or horses or cattle drawing the same
or if the driver of any wagon cart dray coach or other carriage m- drive on the
whatsoever meeting ony other carriage shall not keep his AAUgon cart " ™"S
dray coach or carriage on the left or near side of the road street or
thoroughfare or if any person shall in anv manner Avilfully preAmnt <>i- " iifniiy interrupt
any other person or persons Irom passing him or her or any carriage or per-
under his or her care upon such street or by negligence or misbehaviour
prevent hinder or interrupt the free passage of any carriage or person
in or upon the same eA’ery such driver or person so offending shall
forfeit and ])ay for every such offence any sum not exceeding forty P(uiaity.
shillings and it shall be laAvful for any constable or other person to
seize and convey any person so offending before any Justicc of the iiff«'.der m ly be
| Peace to be dealt AAuth according to laAV. | ' |
33. Any person Avho shall ride or drAe through any road street As to vidio- or
or public place Avithin the said Hamlets negligently carelessly or furiously or so as to endanger the life or limb of any person or to the common danger of the passengers shall forfeit and pay a sum not ikuHity.
exceeding ten pounds.
31. I t shall not be laAvful for any person to paste or othenvise Afii.xing j.hicards on
| affix any placard or other paper upon any wall house or building by | j')™' chaiumg |
| chalk or paint or in any other manner unless Avith the consent of the |
| owner thereof and any person aa | 'Iio shall be guilty of any such offence rouaity. |
shall forfeit and pav any sum not exceeding ten shillings.
| . | * | 35. |
| 2726 | No. 25. | 17*̂ YIC. | 1853. |
Sydney Hamlets Jdolice.
| Jurisdiction of | 35. Unless where hereinbefore otherwise directed all complaints of offences against this Act shall be heard and determined in a summary manner by one or more Justice or .justices of the Peace and upon every such complaint so to be heard and determined as aforesaid an informer shall he considered and is hereby declared to be a competent |
| offences. | |
| Proviso. | witness and no person or persons shall be convicted of any offence or offences contrary to the provisions of this Act in a summary ivay before any Justice or Justices of the Peace after the expiration of one month from the time when such offence or offences shall have been com mitted. |
| Iso certiorari. | 36. No conviction order warrant or other matter made or purporting to be made by virtue of this Act shall be quashed for want of form or removed by certiorari or otherwise into the Supreme Court |
| As to informality in | and no warrant of commitment shall be held void by reason of any |
| wan'ant &c. | defect therein provided that it be therein alleged that the party has been convicted and that there be a good and valid conviction to sustain the same and where any distress shall be made for levying any money under any conviction or order made by virtue of this Act the distress itself shall not be deemed unlawful nor the party making the same be deemed a trespasser on account of any defect or Avant of form in the summons conviction warrant of distress or other proceedings relating thereto nor shall the party distraining be deemed a trespasser ah initio on account of any irregularity aftenA ards committed by him but the person aggrieved by such irregularity may recover full satisfaction for the special damage if any in an action upon the case. |
| As to proceedings |
| against persons | 37. All actions and prosecutions to be commenced against any |
| acting under tliis | person for anything done in pursuance of this Act shall be commenced |
| Act. | Avithin two calendar months after the fact Avas committed and not |
| Notice of action. | otherwise and notice in Avriting of such action and of the cause thereof shall be gAen to the defendant one calendar month at least before |
| General issue. | the commencement of the action and in any such action the defendant may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereupon and no plaintiff shall recover in any such action if tender of sufficient amends shall have |
| Tender of amends. | been made before such action brought or if a sufficient sum of m?>ney shall have been paid into Court after sueh action brought by or on behalf of the defendant together with the costs incurred up to that time and if a A’crdict shall pass for the defendant or the plaintiff become nonsuit or discontinue any such action after issue joined or if upon |
| If judgment te | |
| against plaintiff. | demurrer or otherwise judgment shall be given against the plaintiff the defendant shall recover his full costs as hetAveen attorney and client and have the like remedy for the same as any defendant hath by law |
| When plaintiff shall | |
| have costs against | in other cases and though a verdict shall he given for the plaintiff in |
| the defendant. | any such action such plaintiff shall not have costs against the defendant unless the Judge before Avhom the trial shall be shall certify his appro bation of the action and of the verdict obtained thereupon. |
SCHEDULES EEEERRED TO.
No. 1.
SUBURBS.
Commencing at that point in the eastern boundary of the City of Sydney where the stream entering Rusheutter’s Bay falls into that bay and bounded thence on the west north and east by the City of Sydney to Blackwattle Bay again on the north and on the west by the north and west boundaries of the Hamlet of the Glebe and by tho western boundaries of the Hamlets of Camperdown and O’Connell Town to the south corner of the last-mentioned Hamlet thence on the south by the road or thoroughfare extending towards
Cleveland-
| 1853. | IT VIC. | No. 2G. | 2727 |
Friendly Societies.
Cleveland-strcct to the west boundary of the Hamlet of Chippendale and by that boundary and the soutli boundaries of Chippendale Kcdfern and Surry Hills on the east by tlie east boundary of tlie Hamlet of the Surry Hills to the south-east corner of the City boundary at Clevelaiid-street again on the south by the easterly extension of that street to the road loading from the old Point Piper Hoad towards Botany again on the east by that road to tho south-east corner of the Hamlet of Paddington and by the east boundary of that Hamlet to Double Bay and again on the north by the north boundary of that Hamlet to tho point of commencement.
Fo. 2.
BALMAIN.
Bounded on the north-west by Church-street from 'Watorview Bay south-westerly to tho south-west side of Spring-street on tlie north-east by Sjiriiig-street south-easterly to College-street again on the north-west by College-street south-westerly five chains and lifty' links then again on the north-east by a line at right angles to College-street south-easterly to William-street then on the west by a line south to the south side of Darling-street (or tho main road to Sydney) thence on tho south by tho south side of that street or road easterly to the north-west corner of A. W. Young’s land thence on the west by the western boundary line of that land southerly to the waters of Johnston’s Bay on the south by the waters of Johnston’s Bay on the east by the waters of Darling Harbour on the north by the waters of Waterview Bay to Chureh-street aforesaid.
No. 3.
ST. LEONARDS.
Bounded on the east by tho stream entering Neutral Harbour being the western boundary of A. Thrupp’s seven hundred acres and by the continuation of that western boundary northerly to Ernest-street on the north by Ernest-street westerly to West-street on the west by that street southerly to Edward Wollstonecraft’s five hundred and twenty- four acres and by the eastern boundaries of that land to tin; waters of Port Jackson and on the south by those waters to the stream entering Neutral Harbour aforesaid.
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