Sydney Paving Act of 1866 No 18a (NSW)

No. VII.

An Act to provide for Paving certain Streets ŝ nê ving .

in the City of Sydney. \21tli 8e]_:>tember,

1866.] ‘

~ W J IIE R E A S it is expedient to make provisions for Paving certain Preamble.

Y Y Streets of the City of Sydney Be it therefore enacted hy the

Queen’s Most Excellent Majesty by and m th the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliam ent assembled and by the authority of the same as follows :—

1. I t shall be the duty of the Municipal Council of Sydney to Notice to be served

cause a notice in the form or to the effect in the Schedule hereto to'̂ be'̂ paverbp̂ *

annexed m arked A signed by the Town C lerk-and dated the day°’"““” -

of its service to be left at each house in the streets of the said

City described in the Schedule hereto annexed marked C along the

footway adjoining which the kerbing is now perm anently laid requiring

such footway to be paved with such materials and in such manner as

may be therein mentioned in every case where such footway shall

not be so paved and to cause the like notice to be left at each

house in the said streets along the footway adjoining which the

kerbing shall hereafter be perm anently laid in every case where

such Ibotway shall not be so paved after such kerbing shall be

so laid and such notices sliall in the case of every occupied house be

left w ith some inm ate thereof and in the c;ase of every unoccupied

house be nailed or posted up on some conspicuous part thereof and

copies of all such notices shall be kept in the Town H all or Office of

the said M unicipal Council and be open to the inspection of every	.
citizen of the said city free of charge at all times after service thereof
as aforesaid.

2. I f the owner of any house at Avhich such notice as aforesaid if paving not dona

shall liave been duly and laAvfully left shall not within three calendar m onths thereafter comply with such notice by paving the footway adjoining the said house as hereinbefore mentioned according to some uniform plan and specification to be previously prejmred by the City Surveyor and kept in his office open to the inspection of any citizen of the said city free of charge it shall be the duty of the said M unicipal Council fortliAvith to cause such paving to be done and to keep an exact account of the expense thereof in a book to be open also to the inspection of every citizen of the said city free of charge.

No. 7. 30« VIC. 1866.

Sydney Paving.

Account of expense 3 . I t shall be the duty of the said M unicipal CouncQ within

of paving to be kept,	after any such paving shall have been completed by them adjoining any house to cause an account of the cost thereof to he left a t such house in the same m anner as th a t in which the said notices are hereinbefore directed to be left and if the owner of such house shall not w ithin fourteen days after such account shall have been so left pay to the City Treasurer a t his office the am ount of such account it shall be lawful for such M unicipal Council by w arrant under the hand of
Tf amount thereof
be not paid distress	the M ayor and in the form or to the effect in the Schedule hereto annexed
\rarrant to issue.	m arked B to distrain upon the goods found in such house for the said am ount and dispose of the same in like m anner as is now prescribed hy law with respect to rates distrained for by order of the said M uni­ cipal Council and if such goods shall belong to any tenant and not to the owner of any such house such tenant shall he a t liberty to deduct the am ount wffiich he may pay on such distress being made from any ren t due or to be paid to his immediate landlord or he at liberty to sue his immediate landlord or the O'wner of such house for any damage he may sustain by non-payment hy such owner of the cost of making such payment as aforesaid and the like righ t of deduction and suit is hereby given to every interm ediate tenant against his immediate landlord or the said owner Provided th a t no such tenant shall he entitled to com­ mence any action against his immediate landlord or the said owner unless he shall as soon as practicable after the receipt of the same hand over to sueh landlord or owner respectively the notice and account hereinbefore mentioned.

Footway not paved_ _ 4. Every footway th a t shall not hereafter he paved according to brdeemê du°npItod**̂ ^® Uniform plan and specification to be prepared as aforesaid hy the

‘ City Surveyor shall he deemed to he unpaved for the purposes of

this Act.

Same steps to be 5. W hen and so often as any pavement of any footway shall

taken with respect

to repairing pave­	require any repairs it shall he the duty of the said M unicipal Council
ment as to paving	forthw ith to take the like steps and they shall exercise the same
in the first instance.	powers and use the same form of notice and w arrant as are herein­ before directed and given to them with respect to paving in the first instance and the tenants shall have the hke remedy against their immediate landlord or owner aforesaid.
Interpretation
clause.	6. In the construction of this Act the word “ owner” shall be held to mean any one having the immediate beneficial interest in any house land or hereditaments.
Persons making

distress irregularly 7 . W hen any distress shall be made for any sum of money to

not to be deemedhe levied under the authority of this A ct the distress itself shall not

trespassers ab initio. Pe deemed Unlawful nor shall the party making the same be deemed a trespasser on account of any defect or want of form in the warrant of distress or any other proceeding relating thereto nor shall the party distraining be deemed a trespasser ab initio on account of any sub­ sequent irregularity which shall he afterwards done hy the party distraining hut the person aggrieved by such irregularity shall and may recover full satisfaction for the special damage in an action on the case.

Costs of distress.	8. The costs of levying or making any distress under this A ct shall be those set forth in the Schedule hereto annexed marked D and no other,
Short title.	9. This Act shall be styled and may he cited as the “ Sydney Paving A ct of 1866.”

SCHEDULES

1866.	30*’ VIC.	No. 7.
Sydney Paving.

SCHEDULES REFERRED TO.

A.

Notice.

To the owner of the house at which this notice has been left being No. in street

and [ if occupied} now occupied by

You arc hereby required within three calendar months from the date hereof to pave the footway adjoining the above-mentioned house according to the plan and specification now in the office of the City Surveyor and open to your inspection and witli the material herein- mentioned that is to say—with and you are further to take notice that unless you cause the said paving to be laid down within t!io time above specified the same will be executed by the Municipal Council of Sydney and the cost thereof will bo levied in pursuance of the provisions of the “ Sydney Paving Act of 1866.”

Dated th is day of a .d .

(^Signed) A. B. Town Clerk.

B .

Warrant to Distrain.

To

Whereas on the day of last a notice was duly left at the house

No. in street in the city of Sydney [and i f occupied] then in the occupation

of requiring the owner thereof within three calendar months from the date of the

said notice to pave the footway adjoining the said house according to the plan then in the Office of the City Surveyor And whereas the said owner did not comply with the said notice and the Municipal Council of the said city caused the said paving to be done And

whereas the expense of the .said paving amounts to And whereas an account

of the said expense was duly left at the said house on the day of

and the amount thereof has not yet been paid into the hands of

the City Treasurer These are therefore to require and authorize you forthwith to levy the

said sum of together with the costs of these presents by distress and sale of the goods found by you in the said house and you are commanded to certify to me on the day of what you shall do by virtue of this warrant.

Given under my hand at Sydney this day of A.D. 186 .

(^Signed) A. B. Mayor.

0 .

All that portion of the city of Sydney known as Castlereagh and Elizabeth Streets as far as Hunter-street on the north and Liverpool-street on the south together with the respective streets crossing the same from the eastern boundary of Pitt-street to the western boundary of Elizabeth-street and also the streets following that is to say—Parramatta-strect —William-street from Yurong-street to the Darlinghurst Road—South Head Road from College-street to Bourke-streot— Macquarie-strect from King-street to Bridge-street—the south side of Liverpool-strcct from Elizabeth-street to the South Head Road—Phillip-strcct— and O’Connell-street.

D .

8. d.

For every warrant of distress ... ............................. ... 2 0

For every levy ... ... ... ... ... ... ... 1 0

For man in possession each day or part of a day ... ... ... 5 0

For inventory sale commission and delivery of goods—not exceeding

one shilling in the pound on the net proceeds of the sale.

No. VIII,