Sydney Police Act 1833 No 8a (NSW)

No. VII.
An Act for regulat ing the Police in the Town and Por t of Sydney and for removing and pre vent ing Nuisances and Obstructions therein. [6th August, 1833.]

W H E R E A S for t h e ma in t enance of t h e publ ic peace a n d good order and

it is expedient and necessary to m a k e fur ther provision

for t h e prosecut ion of cer ta in offences commi t t ed w i th in t h e town and por t of Sydney as well as for t h e removal a n d prevent ion of nuisances a n d obs t ruc t ions in t h e said t o w n and port Be it therefore enacted by H i s Excel lency the Governor of New South W a l e s w i th t h e advice of t he Legis la t ive Council thereof Tha t it shall be lawful for t he Governor from t ime to t ime by w a r r a n t u n d e r his h a n d to appoint two or more fit persons as Justices of t he Peace to execute t he dut ies of Police Magi s t r a t e s wi th in t h e town and por t of Sydney toge ther w i th such o ther dut ies as shal l be hereinafter specified or as shall be from t i m e to t ime directed by the Governor for t h e more efficient admin i s t r a t ion

of t h e police wi th in t h e said l imi t s u n d e r t h e au thor i ty of th is or any

o the r Ac t or Ordinance in force wi th in t he said Colony and t h e said

Jus t i ces from t ime to t ime to displace a n d remove a n d to appo in t
o thers in the i r place as to t h e said Governor shall seem fit.
2. A n d be it fur ther enacted Tha t every person to be appoin ted a J u s t i c e of t he Peace by v i r tue of th i s Act shal l before h e shal l begin to execute t he dut ies of his office t ake t h e following oa th before one of t he J u d g e s of t h e Supreme Cour t of t he said Colony ( tha t is to say)

I A. B . do swear t h a t I will faithfully impar t i a l ly and honest ly
according to t h e best of m y skill and knowledge execute all t he powers and dut ies of a Ju s t i ce of t h e Peace u n d e r a n d by v i r tue of an Ac t passed in the four th year of t h e re ign of K i n g W i l l i a m the F o u r t h in t i tu led " An Act for " regulating the Police in the Town and Tort of Sydney " and for removing and preventing Nuisances and Obstruc-

" lions therein."

3. A n d be it fur ther enacted Tha t it shal l be t he d u t y of t he

said Jus t i ces to suppress all t u m u l t s r io ts affrays or breaches of t h e peace all publ ic nuisances vagrancies and offences against t he law and to uphold all regula t ions established by competent au thor i ty for t he management and discipline of convicts wi thin t h e said town a n d por t .

t i m e to t ime subject to the approba t ion of t h e Governor ' f r ame such orders and regu la t ions as they shall deem expedient re lat ive to the genera l government of t he men to be appoin ted constables unde r th is A c t t h e places of the i r residence t he classification r a n k a n d pa r t i cu la r service of each their d i s t r ibu t ion and inspect ion the description of a rms

4. A n d he it fur ther enacted T h a t i t shal l be lawful for t h e

Governor to author ize the said Jus t i ces from t ime to t ime to n o m i n a t e a sufficient n u m b e r of tit and able m e n as a police force for t h e said town and por t who shall he sworn by one of such Jus t ices to ac t as constables for preserving t h e peace and p reven t ing robberies and o ther felonies a n d app rehend ing offenders as well as for p reven t ing nu isances and obs t ruc t ions in t h e said town and por t and the m e n so sworn shall obev all such lawful commands as they m a y from t i m e to t ime receive from any of t h e said Jus t i ces for conduct ing themselves in t he execut ion of the i r office.

5. A n d be i t fu r ther enacted Tha t t h e said Jus t i ces shal l from

a rms accou t rement s and o ther necessaries to be furnished to t h e m a n d all such o ther orders and regula t ions relat ive to t h e said police force as t h e said Jus t i ces shal l from t ime to t ime deem expedient for p r even t ing neglect or abuse and for render ing such force efficient in t h e discharge of all i ts dut ies and the said Jus t i ces may at any t ime suspend or dismiss from his employment any m a n be longing to the said police force w h o m they shall t h i n k remiss or neg l igen t in t he d ischarge of his du ty or otherwise unfit for t he same; and when any m a n shal l be so dismissed or cease to belong to t he said police force all powers vested in h i m as a constable by v i r tue of th is Act shal l

immedia te ly cease a n d de termine .

6. A n d be it fur ther enacted Tha t i t shall be lawful for

any m a n be longing to t he said police force to apprehend any person w h o m he shal l find d r u n k in t he s t reets or publ ic places of t he said town a t any h o u r of t he day and the same to convey before a Jus t i ce of t he Peace to be dealt with according to law and to appre hend all loose idle d r u n k e n or disorderly persons w h o m he shal l find between sun-set and the hour of e ight in t h e forenoon lying or loi ter ing in any s treet h ighway yard or o ther place wi th in t he said town and no t g iv ing a satisfactory account of themselves and to deliver any person so apprehended in to t h e custody of the constable appoin ted unde r th i s Act who shall be in a t t endance a t t he neares t watch-house in order t h a t such person m a y be secured unt i l he can be b rough t before a Jus t i ce of t h e Peace to be deal t with according to Law or give bail for his appearance before a Ju s t i ce of t h e Peace if t h e constable shal l deem it p ruden t to t ake bail in the m a n n e r hereinafter ment ioned .

7. A n d be it fur ther enacted Tha t where any person found ly ing or loi ter ing about as aforesaid or charged wi th any pe t ty misdemeanor shall be b rough t wi thou t t he w a r r a n t of a J u s t i c e of t h e Peace in to t he custody of any constable appoin ted under th i s Ac t d u r i n g his a t t endance in t he n igh t - t ime at any watch-house wi th in t h e said town it shall be lawful for such constable if he shall deem it p r u d e n t to t ake bail by recognizance wi th or w i thou t suret ies as t he said constable shall t h i n k fit w i thou t any fee or reward from such person condit ioned t h a t such person shall appear for examina t ion before a Jus t i ce of t he Peace at some place to be specified in t h e recognizance a t the hou r of t en in t he fore noon n e x t after such recognizance shall be t a k e n unless t h a t h o u r

shall fall on a Sunday or Chr i s tmas Day or Good Fr iday and

in t h a t case a t t h e l ike h o u r on t h e succeeding day and every

recognizance so t a k e n shal l be of equa l obl igat ion on the par t ies

enter

ing in to t h e same and liable to t he same proceedings for t h e es t rea t ing

thereof as if t h e same h a d been t a k e n before a Ju s t i ce of t he Peace and the constable shal l en ter in to a book to be kept for that purpose in every watch-house t h e n a m e s residence and occupat ion of the par ty and his surety or suret ies (if any) en te r ing in to such recognizance together wi th t h e condi t ion thereof a n d the sums respectively acknow ledged and shall lay t h e same before such Jus t i ce as shal l be present a t t he t ime and place w h e n and where t he p a r t y is requi red to appear a n d if t he pa r ty does not appear a t the t ime and place requi red or wi th in one hour after t h e Jus t i ce shal l cause a record of such recogni zance to be drawn u p and signed by the constable and shall r e t u r n t he same to t h e next General Q u a r t e r Sessions of the Peace wi th a certifi cate a t t h e back thereof signed by such Jus t i ce t h a t t h e pa r ty has not complied w i t h t h e obligat ion the re in conta ined a n d t h e Clerk of the Peace shal l m a k e the l ike es t reats and schedules of every such recog nizance as of recognizances forfeited in t h e Sessions of t h e Peace and if t h e p a r t y n o t appear ing shall apply by any person on th i s behalf to

postpone

postpone t h e hea r ing of t he charge against h im and the Jus t i ce shal l
consent the re to t he Jus t i ce shall he a t l iber ty to enlarge t he recogni zance to such fur ther t ime as he shall appoint and when t h e m a t t e r shall be hea rd and de te rmined e i ther by t h e dismissal of t he case or by b ind ing t h e p a r t y over to answer t h e m a t t e r thereof at t h e Sessions or otherwise t h e recognizance for t h e appearance of t he pa r ty before a Jus t i ce shall be discharged wi thou t fee or reward .
8. A n d be it fu r ther enacted Tha t if any person shal l assaul t or resist any person be longing to t h e said police force in t he execut ion of his du ty or shal l aid or inci te a n y person so to assaul t or resist every such offender be ing convicted thereof shall for every such offence forfeit and pay a s u m not exceeding five pounds .

9. A n d be i t fur ther enacted T h a t if any vic tual ler or licensed

publ ican or o ther person shall knowing ly h a r b o u r or en te r ta in any m a n be longing to t he said police force or pe rmi t such m a n to abide or r emain in his house shop room or o ther place du r ing any p a r t of t h e t ime appointed for his be ing on du ty elsewhere every such vic tual ler licensed pub l ican or o ther person be ing convicted thereof shall for every such offence forfeit and pay a sum no t exceeding five pounds .

10. A n d be it fu r ther enac ted T h a t t h e said Jus t ices shal l as

far as in t h e m lies cause t he Lord ' s D a y to be duly observed by all persons in t h e said t o w n and por t and shall no t pe rmi t or suffer any house shop or s tore or o ther place the re in to be open on t h a t day for t h e purpose of t r ade or deal ing t he shops or houses of bu tche r s bakers fishmongers a n d greengrocers u n t i l t he h o u r of t en in t h e forenoon and of bakers be tween t h e h o u r s of one and two in t he afternoon and of apothecar ies at any h o u r only excepted and any person who shall t r ade or deal or keep open any shop store or o ther place (except as aforesaid) for t h e purpose of t r ade or deal ing on t h e Lord ' s D a y shall on convict ion forfeit and pay for every such offence a s u m not exceeding th ree pounds nor less t h a n one pound .
1 1 . A n d be i t fu r ther enacted That the owner or occupier of

any publ ic bi l l iard room or o ther publ ic place of amusemen t wi th in t h e said town and port who shall pe rmi t or suffer any one to p lay in his house or premises any game on S unday shall on convict ion forfeit and pay a s u m no t exceeding five pounds no r less t h a n th ree pounds and i t shal l be lawful for any J u s t i c e of t h e Peace appoin ted unde r th i s A c t and he is hereby requi red to disperse or cause to be dispersed all persons ga the r ing toge ther on Sunday in any publ ic or open place;

w i th in t h e said town or w i th in five miles of any p a r t thereof for t h e
purpose of gambl ing or p lay ing at any game and to t ake and seize or cause to be t a k e n a n d seized any implements i n s t r u m e n t s or an imals used or in tended to be used there in a n d to destroy or carry away t h e same a n d all persons ac tua l ly gambl ing or p lay ing as aforesaid shal l be prosecuted according to law.

12 . A n d be i t fur ther enacted Tha t any person who shall damage any publ ic bu i ld ing wal l pa rape t sluice br idge road s t reet
sewer water-course or o ther publ ic p roper ty wi th in t he said t o w n or po r t shall pay the costs of r epa i r ing t he same and if t h e same be wilfully done shal l forfeit and pay a sum n o t exceeding t w e n t y pounds nor less t h a n five pounds .
13 . A n d be i t fur ther enacted That any person who shal l cast any filth or rubb i sh in to any water-course sewer or canal or shall obs t ruct or divert from i ts channel any publ ic sewer or water-course wi th in t h e said town shall forfeit a s u m no t exceeding five pounds nor less t h a n one pound and shall pay the costs of r emoving such filth or obs t ruc t ion or of res tor ing such water-course or cana l to i ts proper channel .

14. A n d be i t fur ther enacted T h a t any person who shall injure any pub l i c founta in p u m p cock or water -p ipe or any p a r t

thereof

shall pay t h e cost of repa i r ing t h e same and if t he in jury be wilfully done shal l forfeit a sum not exceeding twen ty pounds nor less t h a n one p o u n d and any person who shal l have in his possession any p r iva te key for t he purpose of opening any cock or w h o shal l in any m a n n e r c landest inely or unlawful ly appropr ia te to his use any wa te r from any pub l i c founta in or pipe shall forfeit a s u m not exceeding t w e n t y pounds nor less t h a n five pounds and any person who shal l open or leave open any cock of any publ ic founta in or p u m p so t h a t t he wa te r shal l or m a y r u n to waste shal l forfeit a sum not exceeding two p o u n d s nor less t h a n live shil l ings and any person who shal l wash any clothes at any publ ic founta in or p u m p shal l forfeit and pay a sum n o t exceeding one pound nor less t h a n five shil l ings.

15. A n d be it fur ther enacted Tha t if any person or persons shal l in any s treet or publ ic place wi th in t h e said town beat or dus t any carpet or carpets or shal l fly any ki te or k i tes or shal l drive any carr iage or carr iages for t he purpose of b reak ing exercising or t ry ing horses or shall r ide any horse m a r e or gelding for t h e purpose of a i r ing exercising t r y ing shewing or exposing such horse m a r e or ge ld ing for sale (otherwise t h a n by passing t h r o u g h such streets or publ ic places) or shal l t h r o w cast or lay or shall cause permi t or sutler to be t h r o w n cast or laid or to r emain any ashes rubb i sh offal d u n g soil dead animal blood or o ther filth or annoyance or any m a t t e r or t h i n g in or upon t h e carr iage-way or foot-way of any such street or o ther publ ic place wi th in t he said town or shal l k i l l s l augh te r dress scald or cut u p any beast swine calf sheep l amb or o ther ca t t le in or so near to any of t he said streets or o ther publ ic places as t ha t any blood or filth shall run or flow upon or over or be on any or ei ther of any such carr iage or foot ways or shal l r u n roll drive draw place or cause pe rmi t or suffer t o be r u n rolled dr iven d r a w n or placed upon any of t h e said foot-ways of any s t reet or publ ic place wi th in t he said town any waggon car t d ray sledge or o ther carr iage or any wheel wheel -barrow hand-ba r row or t r u c k or any hogshead cask or bar re l or shall wilfully lead drive; or r ide any horse ass mule or o ther beast upon any of t h e foot-ways afore said t h e n and in every such case every person so offending upon convict ion before any Jus t i ce of t h e Peace or upon t h e view of any such J u s t i c e shall forfeit and pay a s u m not exceeding forty shil l ings

no r

less t h a n

five

shi l l ings.

16. A n d be i t fur ther enacted Tha t if any person shall set or

place or cause or pe rmi t to be set or p laced any stal l -board chopping-

block shew-board (on hinges or otherwise) basket wares merchandise

casks or goods of any k ind whatsoever or shall hoop place wash or cleanse or shal l cause to be hooped placed washed or cleansed any pipe barre l cask or vessel in or upon or over any of t h e carr iage or foot ways in any streets or publ ic places wi th in t h e said t o w n or shall set ou t lay or place or shall cause or procure permi t or sutler to be set out laid or placed any coach car t wain waggon dray wheel-barrow hand- barrow sledge t r u c k or o ther carr iage upon any of t h e said carr iage ways except for the necessary t i m e of loading or un load ing any car t wain waggon dray sledge t r uck or o ther carr iage or t a k i n g u p or se t t ing down any fare or wai t ing for passengers when ac tua l ly hi red or harness ing or unha rness ing t h e horses or other an imals from any coach car t wain waggon dray sledge t r u c k or o ther carr iage or if any person shal l set or place or cause to be set or placed in or upon or over any of the said carr iage or foot ways any t imber stones br icks l ime or o ther mater ia l s or th ings for bu i ld ing whatsoever (unless t h e same shal l be enclosed as hereinafter is directed) or any other m a t t e r s or t h ings whatsoever or shall h a n g out or expose or shal l cause or pe rmi t

3 H to
to be h u n g out or exposed any m e a t or offal or other t h i n g or m a t t e r whatsoever from any house or houses or o the r bui ld ings or premises over any p a r t of e i ther or any of such foot-ways or carr iage-ways or over any a rea or areas of any house or other bui ld ings or premises or any o ther m a t t e r or t h i n g from and on t h e outside of t h e front or any o ther pa r t of any house or houses or other bu i ld ings or premises over or n e x t u n t o any such street or public; place and shal l no t immedia te ly remove all or any such ma t t e r s or

t h ings be ing the re to requi red by any J u s t i c e of t h e Peace or by any

police constable appointed unde r th i s Ac t and shal l no t con t inue and
keep t h e same so removed or if any person h a v i n g in p u r s u a n c e of any such requis i t ion as aforesaid removed or caused to be removed any such s ta l l -board shew-board chopping-block baske t wares mer chandise casks goods coach car t wain waggon dray wheel-barrow hand- bar row sledge t r u c k carr iage t imber stones br icks l ime m e a t offal or o the r ma t t e r s or t h ings shal l at any t ime thereaf ter again set lay or place expose or pu t out or cause procure permi t or suffer to be set laid placed exposed or p u t out t h e same or any of t h e m or any o ther s tal l-board shew-board chopping-block baske t wares merchand i se goods t imber stones br icks l ime coach cart wain waggon dray t r uck wheel-barrow hand -ba r row sledge mea t offal or other t h ings or m a t t e r s whatsoever (save and except as aforesaid) in upon or over any of t h e carr iage or foot ways of or nex t u n t o any s t reets or publ ic places as aforesaid t h e n a n d in every such case every person so offending shal l upon convict ion forfeit and pay for the first offence a s u m no t exceeding forty shi l l ings nor less t h a n five shi l l ings a n d also t h a t no t only shall such penal t ies become payable and to be recovered b u t t h a t i t shal l and m a y be lawful to and for any J u s t i c e or for any police constable appoin ted unde r th i s Ac t w i t h o u t any w a r r a n t or o ther au thor i ty t h a n th i s Ac t t o seize any such stal l -board shew-board chopping-block baske t wares merchandise casks goods coach car t wain waggon dray wheel -barrow hand-ba r row sledge t r u c k or other carr iage toge ther

w i t h t he horse or horses ass or asses m u l e or mules or o ther an imal

or an imals if any shal l be t h e r e u n t o be longing wi th t h e harness

gear and accout rements thereof or any such t i m b e r or o ther mate r ia l s
or o ther m a t t e r s or t h i n g s aforesaid or any of t h e m and in case any of t he goods wares or merchandise so seized shal l be per ishable or shall be art icles of food t h e n t h e same shal l be immedia te ly forfeited and t h e person or persons who shall seize t h e same shall deliver t h e same or cause t h e same to be delivered to t h e Super in tenden t of t h e

Benevolent A s y l u m for t h e t ime-be ing and t h e same shall and m a y be
d i s t r ibu ted for t h e benefit of t h e inma tes of t he said A s y l u m to and for his her or the i r benefit b u t otherwise such Jus t i ce or police con stable as aforesaid shal l cause t h e s tal l -board basket cask goods coach car t waggon wain dray wheel -bar row hand-ba r row sledge t r u c k

or o ther carr iage horses asses mules or o ther an imals ma te r i a l s or
o ther t h i n g s so seized a n d not be ing of a per ishable n a t u r e to be removed to any place appoin ted for t h e recept ion thereof if any such the re be or otherwise to such place or places as he or they shal l judge; convenient giving parole or wr i t t en not ice of such place or places whereun to t h e same shal l be removed u n t o t he owner dr iver or o the r person h a v i n g interes t in t h e th ings so seized and removed if he she or they shal l be t h e n a n d the re presen t and t h e same shall be the re kep t a n d detained u n t i l such owner driver or o ther person in teres ted the re in as aforesaid shal l cause to be pa id t he pena l ty in which he she or t hey shal l be convicted toge the r w i t h t h e charges for t a k i n g and removing t h e same and of keeping such horse or horses ass or asses m u l e or mules or o ther an ima l or an imals (if any) and in case t h e goods car r iage horses an imals mater ia l s or o ther

th ings

t h ings so removed (not be ing per ishable or art icles of food) shall no t be claimed and t h e said pena l ty and charges be paid w i th in five days n e x t after such removal thereof t hen and in every such case it shal l a n d m a y be lawful to and for t he said Jus t i ce s to order t h e same to be appraised and sold and t h e overplus of t he money ar is ing from such sale (if any) shal l be paid to t he owner or owners thereof after deduct i ng t h e said pena l ty and such costs charges and expenses a t t end ing such seizing removing keep ing appra is ing and selling t h e same as t h e

said Jus t i ce shal l ascer ta in and

allow.

17. A n d be i t fu r ther enacted T h a t in all cases where by

th is Ac t i t m a y be directed requi red and provided

t h a t any person

persons se t t ing or p lacing any s ta l l -board chopping-block basket merchandise wares pipe bar re l cask or vessel goods t imber s tone br icks l ime or any other mater ia l s ma t t e r s or t h i n g s or causing or p rocur ing t h e same or any of t h e m to be placed or set u p o n any of t he carr iage or foot ways or otherwise cont rary to t h e regula t ions here in conta ined in any of t h e s t reets or publ ic places wi th in the said town or t h a t any person or persons se t t ing or p lac ing any coach car t waggon dray wheel-barrow hand-bar row sledge t r u c k or o ther carriage; in or upon or over any of t h e carr iage or foot ways in any street or pub l i c places w i t h i n t h e said town or procur ing or caus ing t h e same to be so set or placed shal l have not ice and be requi red to remove t h e same previous to such person or persons be ing subject or l iable to t he pena l ty or penal t ies imposed by v i r tue

of th i s A c t a n d to t h e seizure forfeiture

appropr ia t ion appra i sement

sale of any such goods mate r ia l s m a t t e r s or o ther t h i n g s coaches car ts waggons drays wheel-barrows hand-bar rows sledges t r u c k s or other carr iages in m a n n e r directed by th i s Ac t t h e n if any person or persons shal l set or place any goods mater ia l s m a t t e r s or other t h i n g s or shall set place or drive any coaches car ts waggons drays wheel-barrows hand-bar rows sledges t r u c k s or o ther carr iages upon or over t h e said carr iage or foot ways or any of t h e m or any p a r t of t h e m at any time; or t imes subsequent to his her or the i r hav ing received such not ice or h a v i n g been requi red to remove t h e same or any other goods mate r ia l s m a t t e r s or t h ings or any o ther coaches car ts waggons drays wheel bar rows hand-ba r rows sledges t r u c k s or o ther carr iages from off t he said carr iage-ways or foot-ways or any of t h e m shall cause or pe rmi t the same or any of t h e m to be; placed or set by his or the i r servants or by any person or persons employed by h im or t h e m in any and every such case it shal l no t be necessary or requis i te t h a t any Jus t i ce or police constable as aforesaid seeing such offence or offences com

mi t t ed

aga in

shal l requi re t he r emoving of such goods

mate r ia l s

m a t t e r s or o ther t h i n g s or coaches car ts waggons drays

wheel-barrows

hand-bar rows sledges t r u c k s or other carr iages b u t t h e same or any of t h e m be ing so set or placed in u p o n or over t h e said carr iage or foot ways or any p a r t thereof con t ra ry to t h e directions of th i s Ac t shall and m a y be seized forfeited removed applied deta ined ap praised or sold in m a n n e r here in provided as to any o ther goods mater ia ls ma t t e r s or t h i n g s and t h e person or persons so commi t t i ng t h e said offence or offences and the owner or owners of t h e goods mater ia l s m a t t e r s or t h i n g s or coaches car ts waggons drays wheel- bar rows hand-bar rows sledges t r u c k s or other carr iages which shal l be so placed or driven and t h e mas t e r or mas te r s employer or employers of t h e person or persons so offending shal l be subject and l iable to t h e same pena l ty or penalt ies forfeitures proceedings charges and punish m e n t s as if such person or persons so offending had neglected or refused to remove tin; said goods mater ia l s m a t t e r s or other t h ings or coaches car t s waggons drays wheel-barrows hand-bar rows sledges t r u c k s or o the r carr iages when required to do so unde r and by v i r tue of th i s Ac t

and
a n d a l though the said notices or requis i t ions shal l no t have been again given or repeated to t he person or persons commi t t ing or d i rect ing or p e r m i t t i n g such offence or offences or any of t h e m any t h i n g in t h i s

A c t t o t h e cont rary thereof in any wise no twi ths t and ing .

18 . Prov ided always and he it fur ther enacted Tha t no t h ing

in th i s Ac t conta ined shall he deemed to p reven t any person from plac ing a n awning in front of his or her shop or house provided however t h a t such awn ing he a t least seven feet above t h e he ight of t h e foot-way in front of such house or shop and t h a t t h e posts be placed close u p to t he curb-s tone or outer edge of such foot-way.
19. A n d be it fur ther enacted Tha t any person who shall discharge any fire-arms w i t h o u t any lawful cause or let off any fire works in any street or publ ic place w i th in t h e l imits of t h e said town shal l on convict ion forfeit a n d pay a s u m no t exceeding five

pounds nor less t h a n t en shi l l ings.

20. A n d be i t fur ther enacted Tha t it shall not be lawful for any person to b u r n any shavings or o ther m a t t e r s or t h ings in any
s t ree t or publ ic place wi th in t h e said t o w n and any person so offending shal l on convict ion forfeit and pay for every such offence a s u m not exceeding forty nor less t h a n five shil l ings.

2 1 . A n d be it fur ther enacted T h a t it shal l n o t be lawful for

any person to ba the in any par t of Sydney Cove or near to any publ ic whar f or quay in D a r l i n g H a r b o u r between the hou r s of six o'clock in t h e m o r n i n g and e ight in t h e evening and any person who shal l offend agains t th i s regu la t ion shall on conviction before or in view of any Jus t i ce of t he Peace forfeit and pay a s u m no t exceeding one p o u n d and it shal l be lawful for any police constable appoin ted u n d e r t h i s Ac t wi thout any w a r r a n t or o ther au tho r i t y t h a n th i s A c t to ar res t any person who shal l be found b a t h i n g cont ra ry to t h e provisions hereof and such person to convey before any Jus t i ce of t he Peace wi th in t h e said town to be dealt wi th according to law.
22. A n d be i t fur ther enacted T h a t any individual who shall offend against decency by t h e exposure of his or her person in any street or publ ic place wi th in t h e said town or in t h e view thereof shall on conviction before any Jus t i ce of t h e Peace forfeit and pay for every such offence a s u m not exceeding ten nor less t h a n five pounds and it shall he lawful for any police constable or o ther person to apprehend any person w h o m he m a y find in t he act of commi t t ing any such offence and h im or her to convey before any J u s t i c e of t h e Peace to be dealt wi th according to law.

23 . A n d be it fur ther enacted That it shall no t be lawful for

any person whomsoever to breed feed or keep any k ind of swine in any house bu i ld ing yard garden or o ther he red i t aments s i tua te and being in or wi th in forty yards of any s treet or publ ic place wi th in t h e said t o w n no r to suffer any k ind of swine or any horse ass m u l e sheep goat or o ther cat t le be longing to h i m or her or unde r his or her charge to s t ray or go about or to be t e thered or depastured in any s treet or publ ic place there in and any person who shal l so offend shal l on convict ion forfeit and pay for every such offence a s u m no t exceeding

forty shi l l ings nor less t h a n five shil l ings.

2 1 . A n d he it fur ther enacted Tha t in case any pr ivy hog-s tye

or any o ther m a t t e r or t h i n g which shall a t any t i m e or t imes hereafter be in any place w i th in t h e said town shall he or become a nuisance to any of t h e i n h a b i t a n t s thereof it shall be lawful for any two Jus t ices appointed unde r th i s Act upon complaint thereof to t h e m m a d e by any of t he i nhab i t an t s and after due inves t iga t ion of such compla in t by notice in wr i t ing to order t h a t every or any such privy hog-s tye or other m a t t e r or t h i n g being a nu i sance shal l he remedied a n d removed wi th in seven days after such not ice shall have been

given

given to t h e owner or occupier of t he premises where in such nuisance shal l exist or shal l have been left for such owner or occupier a t his or he r las t or u sua l place of abode or on t h e said premises and every such occupier neglect ing to remedy or remove such nu isance p u r s u a n t to such not ice and to t h e satisfaction of such Jus t ices shal l forfeit and pay on conviction before t h e said Jus t i ces t h e s u m of t en pounds for every such neglect or disobedience and also i t m a y be lawful for such Jus t ices to indict or cause to be indicted for such nuisance such person or persons so neglec t ing or disobeying any such not ice a t t he t h e n nex t Cour t of Genera l Q u a r t e r Sessions to be held wi th in t h e said town and such person or persons be ing found gu i l ty thereof such nuisance or nuisances shal l be removed t aken down a n d abated

according to law wi th r ega rd to publ ic or common nuisances and	t h e
person or persons so offending shal l be subject to such p u n i s h m e n t	for

t he misdemeanor

as t he Jus t i ces assembled a t a Genera l

Qua r t e r

Sessions wi th in t h e said town shall direct.

25. A n d be it fur ther enacted T h a t any owner or occupier of any house or place w i th in t h e said town who shal l neglect to keep clean all p r iva te avenues passages yards and ways w i th in t h e said premises so as by such neglect to cause a nu i sance by offensive smell or otherwise shal l on conviction forfeit and pay a s u m no t exceeding forty nor less t h a n t e n shil l ings for every such offence.

20. A n d be i t fur ther enacted Tha t for p reserv ing t h e cleanli

ness of t he said town and t h e hea l th of i ts i nhab i t an t s i t shall be lawful for any Jus t i ce appoin ted unde r th i s Act and for any police constable author ized and deputed by any wr i t ing unde r t h e h a n d of any such Jus t i ce from t ime to t ime and w h e n and as often as he or e i ther of t h e m shal l see occasion to visit and inspect t h e bu t che r s shambles a n d s laughter-houses in t h e said town and to give such direct ions concerning t h e cleansing t h e said shambles and s laughter houses bo th wi th in and wi thou t as to h i m shall seem needful a n d any bu tcher and t h e owner or occupier of any such shamble or s laughter house who shal l obs t ruc t or molest any such Jus t i ce or constable in t he inspect ion thereof or who shal l refuse or neglect to comply wi th such directions wi th in a reasonable t ime shall upon the view of any such Jus t i ce or on conviction on t h e compla in t of any such constable forfeit and pay a sum not exceeding two pounds nor less t h a n ten shi l l ings.

27. A n d be it fu r ther enacted T h a t if any person shal l hau l

or d raw or cause to be hauled or d rawn upon any p a r t of t he streets	or public places w i th in t h e said town any t imber s tone or o ther
t imber s tone or o ther t h i n g which shall be carried pr incipal ly or in part upon wheeled carr iages to d rag or t ra i l upon any p a r t of such street or publ ic place to t h e injury thereof or t o h a n g over any pa r t of any such carr iage so as to occupy or obs t ruct t h e street be yond t h e b read th of t he said carr iage every such person so offending shall upon convict ion forfeit and pay for every such offence t h e sum of forty shil l ings over and above the damages occasioned thereby and i t shall be lawful for any police constable to apprehend any person whom he shall find in t h e act of commi t t ing any such offence a n d to convey such person before any Jus t i ce of t h e Peace to be deal t wi th according to law.
28. A n d be it fur ther enacted Tha t if t h e Owner or occupier of any house bu i ld ing or premises wi th in t h e said t o w n hav ing any i ron or wooden rai ls or ba rs over t h e areas or openings to any k i tchens or cellars or other pa r t or pa r t s of t he said house bu i ld ing or premises benea th t h e surface of t h e foot-way of any streets or publ ic places wi th in t h e said t o w n or hav ing any doorway or en t rance in to t he

t h i n g o t h e r v i s e t h a n upon wheeled carr iages or shal l suffer any

basement
basement or cellar s tory thereof shal l not e i ther keep the same or t h e rails of such k i tchens or cellars in sufficient and good repair or safely and securely gua rd a n d cons tan t ly keep t h e same securely guarded by a ra i l or rai ls or cover t h e same over w i th a s t rong flap or t rap-door according to t h e n a t u r e of t h e case and so as to prevent danger to any persons pass ing and re-pass ing or if any such owner or occupier do or shal l leave open or not sufficiently and substant ia l ly cover a n d keep covered a n d secured any coal or o ther hole funnel t rap-door or cellar-flap be longing to or connected w i t h his or her house bu i ld ing or premises (save and except only d u r i n g such reasonable t imes as any coals wood casks or t h ings shall be p u t t i n g down or t a k i n g u p out of any such vau l t or basement s tory or dur ing such reasonable t imes as t he flap t rap-door or covering thereof shall be a l t e r ing repa i r ing or amending) or if such owner or occupier shall no t repai r and from t i m e to t ime keep in good and subs tan t ia l repair to t h e satisfaction of t h e J u s t i c e appointed unde r t h i s Ac t all and every or any such i ron or wooden rai ls guard- ra i l s flaps t rap-doors and o ther covering t h e n and in every such case t h e person or persons neglec t ing so to do shall for every or any such offence on convict ion before or in t h e view of any one J u s t i c e appoin ted unde r th i s Act forfeit and pay any s u m not be ing less t h a n forty shil l ings nor exceeding five pounds .

29. A n d be i t fur ther enacted T h a t it shall no t be lawful after

t h e pass ing of th is Act for any person to m a k e any cellar or any opening door or window in or benea th t h e surface of t h e foot-way of any s t reet or publ ic place wi th in t h e said t o w n and if any person shall offend in t h e premises ho shal l on convict ion before any J u s t i c e appoin ted unde r th i s Act forfeit and pay t h e s u m of five pounds over and above the expense of r emedying or r emov ing any such cellar opening door or window m a d e con t ra ry to t he provisions hereof such expense to be assessed a n d allowed by such Jus t i ce .
30. A n d be it fu r ther enacted T h a t every person who shal l have a well s i tua ted be tween his or her dwell ing-house or t h e appur tenances thereof and any street or foot-way wi th in t h e l imits of t he said t o w n or a t t h e side thereof or in any yard or place open and exposed to such street or foot-way shall w i t h i n t h e space of t h ree calendar m o n t h s from and after t he pass ing of th i s Act cause such well to be securely and pe rmanen t ly covered over and shal l no t be a t l iber ty to open t h e same or to draw water therefrom unless by means of a p u m p closely and securely fixed the re in a n d if any person hav ing such

wel l as aforesaid shall fail to cover and secure t he same wi th in t h e t ime and in t he m a n n e r hereby requi red a n d directed every such

person shall upon convict ion for every such offence forfeit and pay t h e s u m of two shil l ings and sixpence for every day t h a t such well shal l

r e m a i n open or uncovered cont ra ry to t h e provisions of th i s Act .

3 1 . A n d be it fur ther enacted Tha t if any person or persons

shall dig or m a k e or cause to be dug or made any hole or leave or cause to be left any hole before any vacan t g round or before or beh ind or on t h e side of any house or o ther t enemen t or bu i ld ing erected or be ing erected or about to be erected in and adjoining to any s t reet or publ ic place formed or to be formed or forming wi th in t h e said town for t he purpose of m a k i n g any vau l t or vau l t s or t h e foundat ion or foundat ions to such houses or other bu i ld ings or for any o ther pu rpose whatsoever and shall not forthwith enclose t he same in a good and sufficient m a n n e r to the satisfaction of t he Surveyor of t h e said town or shall keep u p or cause to be kept up and cont inued any such enclosure for any t ime which shall be longer t h a n shal l be absolutely necessary in t h e opinion of t he said Surveyor of t h e said town or shall no t when t h e r e u n t o required by the said Surveyor well and sufficiently .fence or

enclose

enclose any such hole or holes or area or areas or space or spaces opened or left open a n d in tended for an area or areas foundat ion or foundat ions or for any other purpose whatsoever in t he front of or beh ind or on t h e side of any such vacan t g round house or other t e n e m e n t or bu i ld ing in and adjoining to any such street or publ ic place formed or to be formed or forming wi th in twenty-four hour s after he or they shall be requi red to do so by the said Surveyor and in t he m a n n e r and w i t h such mate rials as he shall direct and to his satisfaction and shal l not place a l igh t upon t h e said enclosure and keep the same cons tant ly b u r n i n g from sun-set to sun-rise du r ing t he con t inuance of such enclosure then and in every or any such case every person so offending shal l for feit and pay for every such offence and for every such refusal or neglect any s u m no t be ing less t h a n forty shil l ings nor exceeding five pounds .

32. A n d be it fur ther enacted Tha t if a t any t i m e after the

expi ra t ion of twelve m o n t h s after t he pass ing of this Act any house or bu i ld ing shal l no t be provided wi th gu t te r s or otherwise so const ructed as to prevent r a in from dropping from t h e eaves thereof u p o n any part of t h e foot-ways of any street or publ ic place wi th in t he said town t h e owner or occupier of such house or bu i ld ing shal l on convict ion forfeit and pay the s u m of five shi l l ing and a like sum for every day t h a t t h e same m a y not be prevented or remedied by gu t t e r s or otherwise.

33 . A n d be it fur ther enacted Tha t if any person or persons shal l drive or cause to be dr iven any car t or other carr iage with any n igh t soil or ammoniaca l l iquor t h e r e i n t h r o u g h or in any of

the streets or publ ic places wi th in the said town between t h e hours

of five o'clock in t he m o r n i n g and ten o'clock at n i g h t or shall fill any car t or other carr iage so as to t u r n over or cast any n i g h t soil ammoniaca l l iquor slop mire or channel di r t or filth in or upon any of t he said s t reets or o ther publ ic places it shal l and m a y be lawful for any person or persons whomsoever to seize and apprehend and to assist in seizing and apprehend ing t he offender or offenders and by the au tho r i t y of th i s A c t and wi thout any other au thor i ty or w a r r a n t to convey h i m or t h e m before any Jus t i ce of t h e Peace wi th in t he said t o w n a n d such Jus t i ce is hereby author ized and requi red to hear evidence and de termine upon such such offence and every such person so offending shall for every such offence forfeit and pay t h e s u m of five pounds Provided always t h a t i n case t he person or persons so offending cannot be apprehended t h e n t he owner or owners of such cart or carr iage in which such n igh t soil or ammoniaca l l iquor slop

filth m i r e or channe l di r t shal l be p u t or placed and also t h e employer
or employers of t he person or persons so offending shall be l iable to
and forfeit a n d pay such pena l ty as aforesaid.

34. A n d be it fur ther enacted Tha t if any person or persons shall empty or begin to empty any pr ivy or privies or t ake away n igh t soil from any house or premises wi th in t he streets or publ ic places wi th in t he said town or shal l come wi th car ts or carr iages for t h a t purpose except between t he hou r s of t en a t n igh t and five in t he m o r n i n g or if any person or persons shal l p u t in or cast out of any cart or t u b or otherwise any n igh t soil in or near any of t he streets or publ ic places wi th in t h e said town i t sha l l -be lawful for any constable (and they are hereby s t r ic t ly charged so to do) or for any other person or persons whomsoever w i thou t any w a r r a n t or o ther au thor i ty t h a n th is A c t to apprehend and convey any

person or persons found commi t t i ng any of t h e said offences or

ei ther

of t h e m to any watch-house wi th in t h e said district or to any o ther place of confiement or security and from thence; to convey h i m or them as soon as convenient ly may be before some J u s t i c e of t he Peace wi th in t h e said town who shall commit every such offender or offenders

upon
u p o n convict ion to t h e house of correct ion or common gaol for any t i m e no t exceeding t h i r t y days to he computed from the clay of com m i t m e n t and t h e owner or owners of any car ts carr iages horses or beasts employed in and about emp ty ing and removing such n igh t soil or coming for t h a t purpose (save and except w i th in the hour s hereby allowed) or t he employer or employers of any person or persons who shall so p u t or cast ou t any such n i g h t soil shall forfeit and pay t h e s u m of five pounds for every such offence.
35. A n d be it fu r ther enacted Tha t no person or persons whatsoever shall erect place set u p or bu i ld in any s treet or publ ic place w i th in t he said t o w n any hoa rd or scaffolding or place; or erect any posts bars rai ls boards or o ther th ings by way of enclosure for t h e purpose of m a k i n g m o r t a r or of deposi t ing sifting screening or s lacking any br ick s tone l ime sand or any other mate r ia l s for bu i ld ing or r epa i r ing any house or o ther t enemen t or erection or for o ther works or for any o ther purpose wi thou t leave or license first had and obtained unde r t h e h a n d of t he Surveyor of t h e said t o w n who is hereby requi red to g ran t t h e same for thwith for t he purpose of m a k i n g m o r t a r and deposi t ing or sifting screening or s lacking any br icks s tone l ime sand or any o ther mater ia l s for bu i ld ing or repa i r ing any house or o ther t enemen t or erection specifying the re in t h e l eng th of t ime for which t h e same when so erected and set u p m a y be con t inued and giving such o ther directions respect ing t h e same as he m a y t h i n k necessary on being pa id by every person so apply ing for such license t he sum of two shil l ings and sixpence a n d t h a t if any person or persons shal l place set u p erect or bui ld or cause or permi t to be erected placed set u p or bui l t any such hoard or scaffolding or any enclosure posts ba r s or rai ls or any o the r m a t t e r or t h i n g for t h e purposes aforesaid or for any o ther purpose wi thou t the leave or license signed as aforesaid of t h e said Surveyor so had and obta ined or shall erect set u p or bui ld or shal l cause or p e r m i t t he same to be erected set u p or bui l t in any other m a n n e r or t o be cont inued for any longer t ime t h a n shall be allowed or expressed in such license t h e n and in e i ther of t he said cases such person or persons or t h e person or persons by w h o m he or t hey shal l or m a y be employed shall forfeit and pay t h e s u m of t en shil l ings for every day t h a t t h e same shall have been and shall be set u p and cont inued and also t h a t it shal l and m a y be lawful for t h e said Surveyor to cause t h e same to he pu l led down and removed and t h e same and all t he mate r ia l s thereof and of every pa r t thereof to he kep t and deta ined u n t i l such person or persons shall and do pay

to t h e said Surveyor or to t h e person or persons in whose custody the same shall be all t h e penal t ies incur red by such person or persons

toge ther w i th t h e charges of pu l l i ng down removing and keep ing the;

same to be ascer ta ined and de te rmined b y t h e said Surveyor a n d in

case t h e same shal l not be claimed and t h e said penal t ies and charges

aforesaid shal l n o t be pa id w i t h i n t h e space of five days n e x t after t he

pu l l ing down a n d removing thereof t h e n i t shall and m a y he lawful to and for t h e said Surveyor to order or cause t h e same to be appraised and sold and t h e money ar is ing therefrom after deduct ing t h e said

charges shall be appropr ia ted in m a n n e r hereinaf ter ment ioned .

36. A n d be i t fur ther enacted Tha t any person who shal l be convicted of wan ton ly or maliciously b reak ing

or in ju r ing any l a m p

or lamp-pos t or ex t ingu i sh ing any l a m p set u p for publ ic convenience wi th in t he said t o w n shal l over and above t h e necessary expense of repa i r ing t he in jury commit ted to be es t imated by the J u s t i c e before w h o m such offender shall be b r o u g h t forfeit a n d pay upon convict ion for every such offence any s u m no t less t h a n one pound nor exceeding five pounds and it shall be lawful for any constable to seize any person w h o m h e shal l find in t h e act of commi t t i ng any such offence and to

convey

convey h i m or her to t he neares t watch-house or o ther place of securi ty the re to ho detained un t i l he or she can he b rough t before any Jus t i ce of t he Peace wi th in t h e said t o w n to be dealt wi th according to law.

37. A n d he i t fur ther enacted Tha t i t shall no t be lawful for

any person to t h r o w or cause to be t h r o w n

any

dead an imal in to any

p a r t of (Sydney Cove or Dar l i ng H a r b o u r or to leave or cause the same to be left upon t h e shores thereof and any person who shall be gui l ty thereof shall on convict ion forfeit and pay any sum no t exceeding one pound nor less t h a n five shil l ings and it shall he lawful for any constable to seize any person w h o m he shall find commi t t ing t h e said offence and to t ake h im or her before any Jus t i ce of t he Peace wi th in t h e said town or to cause h i m or her to be detained in any watch-house or o ther place of securi ty u n t i l he or she shall be b r o u g h t before such Jus t i ce to he dealt w i th according to law.

38. A n d be i t fur ther enacted Tha t any person who shall be desirous of b las t ing any rock wi th in t h e l imits of the town of Sydney shall give notice in wr i t ing twenty-four hour s previously to t he Town Surveyor who shal l appoint a t ime w h e n the same may t ake place and give such o ther direct ions as he m a y deem necessary for the publ ic safety and if any person shall blast or cause to be blas ted any rock wi th in the l imi ts aforesaid wi thout giving such not ice or shall no t conform to the direct ions given to h im by t h e said Surveyor he or she shall on convict ion forfeit and pay for every such offence any s u m no t less

t h a n t en pounds nor more t h a n twen ty

pounds .

39. A n d be it fur ther enacted Tha t any person who shall form dig or open any drain or sewer or remove or cause to be removed any turf clay sand soil gravel stone or other mate r ia l used in the formation of t he streets in or from any p a r t of t he carr iage or foot ways wi th in t he said town wi thou t t he leave first h a d and obtained from t h e Town Surveyor or who shall wan ton ly break u p or otherwise damage t h e said carr iage or foot ways shall on conviction forfeit and pay for every such offence any sum no t exceeding five pounds nor less t h a n one pound.

40. A n d whereas m a n y accidents happen and grea t mischiefs are f requent ly done in t he streets and publ ic places in t he said town by t h e negl igence or wilful misbehaviour of persons dr iv ing there in Be it therefore enacted Tha t if t he driver of any waggon wain car t or dray of any k ind shall r ide upon any such carr iage in any street or publ ic place as aforesaid not hav ing some person on foot to guide t h e same (such l ight car ts as are d rawn by one horse and driven or guided

with reins only excepted) or if t he driver of any carr iage whatsoever

shall wilfully be a t such a distance from such carr iage or in such a

s i tuat ion whils t it shall he pass ing upon such street or publ ic place t ha t he canno t have t h e direction and government of t he horse or horses or cat t le d rawing the same or if t he driver of any waggon car t dray coach or other carr iage whatsoever mee t ing any other carr iage shall not keep his waggon car t dray coach or carr iage on t h e left or near side of such street or publ ic place or if any person shall in any manne r wilfully p reven t any o ther person or persons from pass ing h i m or her or any carr iage unde r his or her care upon such street or publ ic place or by negligence or misbehaviour prevent h inder or i n t e r rup t t he free passage of any carr iage or person so in or upon the same every such driver or person so offending shall on conviction forfeit and pay for every such offence any sum not less t h a n t en nor exceeding forty shil l ings and it shall be lawful for any police constable or other person to seize and convey any person so offending before any Jus t i ce wi th in t he said town to he dealt wi th according to law.

4 1 . A n d be it further enacted Tha t any person who shall r ide

or drive t h r o u g h any street or publ ic place wi th in

t he said town so

3 J negl igent ly
negl igent ly carelessly or furiously t h a t t h e safety of any other person shall he actual ly endangered shall on conviction forfeit and pay a sunt not exceeding t en pounds nor less t h a n two pounds .

42. A n d he it fur ther enacted T h a t no cat t le in tended for sale

or s laughte r shall be dr iven in to the town of Sydney n o r t h of t h e new
cat t le ma rke t except ing between t h e hours of twelve a t n igh t and six in t he m o r n i n g and any person who shall be convicted of dr iving ca t t le as aforesaid at any o ther h o u r shal l on conviction forfeit and pay t h e sum of t en shil l ings for each and every head of cat t le so driven.

43. A n d be it fu r ther enacted T h a t i t shal l not be lawful for

any person to pas te or otherwise affix any p lacard or o ther paper upon a n y Avail house or bu i ld ing wi th in t h e said town nor t o deface any such Avail house or bu i ld ing by chalk or pa in t or in any other m a n n e r and any person who shal l be gui l ty of any such offence shall

forfeit and pay on convict ion t h e s u m of t e n shil l ings.

4 1 . A n d be it fur ther enacted Tha t every seaman or mar ine r

who shall be in any publ ic-house or any street or publ ic place in t h e said town at any t ime after t h e hou r of n ine o'clock at n igh t and before sun-r ise in the morn ing shall unless such seaman or mar ine r shal l produce a wr i t ten pass from the mas te r or other person in charge of the ship or vessel to which he shal l belong or a discharge from t h e mas te r of t he ship or vessel t o which he last belonged be t a k e n in to custody by any police constable and lodged in t he neares t watch-house and t a k e n at t he usual h o u r of t h e following m o r n i n g before one of t he Jus t ices appoin ted unde r th is Act unless in t h e m e a n t i m e t h e mas te r or o ther person in charge of t he ship or vessel to which such seaman or mar ine r may belong shall sooner apply for

h i s discharge.
45 . A n d be it fur ther enacted Tha t every convict assigned to p r iva te service or in t he employment of the Crown be ing in t he s t reets or publ ic places between t h e hour s of sun-set and sun-r ise and no t hav ing a wr i t ten pass for the occasion from his or her mas te r mist ress or overseer unless such convict shall be in ac tua l attendance; upon his or her mas te r or mis t ress shall be t aken in to custody by any police constable and lodged in the nearest watch-house un t i l he or she can be t aken before one of t he Jus t i ces appoin ted unde r th i s Act and every such convict on conviction shall be deemed gui l ty of disorderly conduct and dealt wi th as by law is directed in such case.

46. A n d be it fur ther enacted T h a t wi th in one m o n t h after

t h e pass ing of th is Act t he Surveyor Genera l shall set out and m a r k wi th sufficient marks t he l imits of t h e t o w n of Sydney and shall

further set out and describe t he l imits of t he said por t and of Sydney Cove and Dar l ing H a r b o u r subject to t h e approval of t he Governor

a n d upon a descript ion of t he boundar ies thereof be ing publ ished in

t h e Government Gazette t he same shal l be deemed to be t h e l imi ts of

t he said t o w n por t cove and ha rbour respectively wi th in t he m e a n i n g of th i s Act and ne i ther t h e said Surveyor Genera l nor any of his ass is tants nor any person appoin ted by h im shall be deemed to commit any t respass by en te r ing u p o n the p roper ty of any individual in order to erect upho ld or repair t h e said m a r k s at any t ime after t h e pass ing of th is Ac t and any person who shall pu l l down destroy deface or injure any of t he said m a r k s shall on conviction forfeit and pay the sum of live pounds for t h e first offence and t h e sum of t e n pounds for t he second offence and the sum of twenty pounds for t h e th i rd and every subsequen t offence.

47. A n d in order to uphold the l imits of t h e said town Be

it fur ther enacted That some one of t h e Jus t i ces appointed under th i s Ac t shall pe rambula te with proper ass is tants t he said l imits on

some

some convenient day in Eas t e r week in each and every year and shal l m a k e a record thereof to be filed and kept in the office of t h e Clerk of t he Peace for t he said town and ne i ther t he said Jus t i ce nor any of his ass is tants shall he deemed to have commit ted any t respass in pass ing over the proper ty of any individual in m a k i n g such peram bula t ion and any person who shall wilfully obst ruct or h inder the said Just ier or any of his ass is tants in m a k i n g the said pe rambula t ion

shal l on conviction or on the view of t he said Jus t i ce forfeit and	pay
the sum of five pounds .

48. A n d be i t fur ther enacted Tha t t he Surveyor General of t h e said Colony for t he t ime-being shall appoint one or more fit and proper persons as Surveyor or Surveyors of t he said town subject to t h e approbat ion of t he Governor and upon t h e appoin tment of such Surveyor or Surveyors and the place or places of holding his or the i r office or offices be ing notified in t he Government Gazette t he person or persons so to be appoin ted shall be deemed to be the Surveyor or Surveyors of t he said town wi th in t he m e a n i n g of th i s Act and every such Surveyor or some person on his behalf shal l a t t end at his office every day Sunday Chr i s tmas Day and Good Friday excepted between the hours of eleven in t he forenoon and three in the afternoon.

19. A n d be i t fu r ther enacted T h a t t h e said Surveyor General

shall set out as far as may he pract icable wi th in th ree m o n t h s after t h e pass ing of th is Act or in ease of unavoidable delay as soon there after as can be done t h e b read th of t h e carr iage and foot ways in the s t reets and publ ic places wi th in t he said town and shall cause t h e said foot-ways to be marked by posts at t h e corners a n d intersect ions of the s t reets or wherever t h e same may be necessary for defining the foot ways and the carr iage and foot ways when so set out shall he deemed to be the carr iage and foot ways wi th in t h e mean ing of th i s Act .

50. And he i t fur ther enacted That it shall and may he lawful for t h e Town Surveyor or o ther person appointed by h i m at any t ime after t h e pass ing of th i s Ac t to m a r k upon t h e walls of any house wi th in t h e said town the name of t he street or place in which it is s i tua ted or such o ther notice as it m a y be conducive to t he publ ic convenience to affix ei ther by pa in t ing or colour ing t h e same upon the Avails or by affixing a board there to upon which such notice m a y he pa in ted and also from t ime to t ime to allot a n u m b e r to each house in every street or publ ic place wi th in t h e said town which n u m b e r t he occupier of every such house is hereby required to pa in t or affix or cause to be pa in ted or affixed in legible characters upon the door of his

or he r house w i t h i n fourteen days after wr i t t en notice from the said

Town Surveyor to t h a t effect left at his or her said house and every person refusing or neglec t ing to pa in t or affix such n u m b e r after such notice as aforesaid shal l on convict ion forfeit and pay t h e sum of ten shil l ings and the l ike s u m for every week dur ing the cont inuance of such refusal or neglect .

5 1 . A n d for t he grea te r regular i ty and convenience in t he said

town be it fur ther enacted T h a t it shall and may be lawful for t he Surveyor General or any person deputed by him as soon as t he foot ways shall have been set out and m a r k e d in m a n n e r hereinbefore directed to cause t h e same to be levelled and made as near ly as may be pract icable of an equal he igh t and b read th and wi th an equal slope and inclination and for th i s purpose to remove and abate any flagging s teps or any o ther m a t t e r or t h i n g tha t may injure or obstruct t h e said, foot-ways or render it unequal or inconvenient and which now is or hereafter may be erected or placed on the space m a r k e d out for any of t he said foot-ways.

52. A n d be it fur ther enacted That if any person after t h e said

foot-ways shall be so set out as aforesaid shall be desirous of flagging

paving
pav ing gravel l ing or p u t t i n g a curb-s tone to t he foot-way in t h e front of his or her house every such person shall twenty-four hours at t h e least before such work shal l be begun give not ice in wr i t ing to t h e Surveyor of t he said town at his office be tween t h e hour s of eleven in t h e forenoon and t h r ee in t he afternoon of any day (except as before excepted) of such his or her in t en t ion and shall conform to the directions of t h e said Surveyor as to t h e l eng th b r ead th height slope and incl inat ion of such foot-way and if any person shall commence any such work wi thou t giving t h e not ice herein directed or shall refuse or neglect to conform to t h e directions of t h e Town Surveyor every such person shall forfeit and pay any sum not less t h a n five pounds nor more t h a n ten pounds and it shal l be lawful for t h e said Surveyor and his Ass is tan ts to remove all work which m a y be so executed cont rary to his direct ions.
53 . A n d be i t fur ther enacted Tha t if any person or persons shall a t any t ime or t imes hereafter in any m a n n e r whatsoever wilfully obs t ruc t h inder or molest any person h a v i n g t h e control of t h e s treets or publ ic places wi th in t he said town or any Surveyor or Surveyors or any o ther officer or officers person or persons whomsoever who are or shal l be appointed employed or author ized to p u t in execut ion th is Ac t in t h e performance or execut ion of his or the i r du ty t h e n every person or persons so offending shal l on conviction for t h e first offence forfeit t h e s u m of five pounds and for t h e second offence t he sum of

t en pounds and for t h e t h i r d or any subsequent offence t h e sum of

twen ty pounds .

5 4 A n d be i t fur ther enacted T h a t every car ter who shall ply
w i th a cart or dray for h i re wi th in t h e said town shall on being approved of by any Jus t i ce of t h e Peace appointed unde r th is Act- regis ter his n a m e and place of abode in t he Police Office in t h e said town and shall t he r eupon receive a license signed by t h e said Jus t ice on which shal l be wr i t t en his n a m e and place of abode a n d the n u m ber of t he license and for such license he shall pay the sum of two shil l ings and sixpence and if any such person shall ply wi th a cart or dray for h i re wi th in t h e said town wi thou t be ing so licensed he shall forfeit and pay for every such offence the sum of one pound .

55. A n d be i t fur ther enacted T h a t it shall and m a y be lawful

for t h e said Jus t i ces appoin ted unde r th i s Ac t or any two of t h e m and they are hereby requi red by not ice under the i r hands to be pub l ished in t h e Government Gazette to appoin t p roper places wi th in t h e said t o w n to be used as s tands on which t h e said licensed carters may
ply w i t h the i r car ts and drays for h i re and every car ter who shall
after such not ice d raw u p or s ta t ion his car t or dray at any other
place in order to ply for h i re shall u p o n conviction forfeit and pay for
every such offence t h e sum of t en shi l l ings.
56. A n d be i t fur ther enacted Tha t t he n a m e and place of abode of every licensed car te r toge ther w i th t h e n u m b e r of his license and and t h e words " licensed car t or dray " as t he case m a y he shall be legibly pa in ted in le t ters not less t h a n one inch in l eng th u p o n t h e r igh t or off-side of t h e car t or dray which he shall ply for h i re and if any licensed car ter shall fail i n t h i s regula t ion he shall on conviction forfeit and pay for every such offence t h e sum of one p o u n d a n d if any person no t be ing duly licensed as aforesaid shall p ly w i th a carl or dray upon which the re shal l be pa in ted t h e words " licensed car t or d r a y " whereby it m igh t appear t h a t such car t or dray belonged to or was driven by a person duly licensed under th i s Ac t he shall on con vict ion forfeit and pay for every such offence t he s u m of one pound.
57. A n d be i t fur ther enacted Tha t every person desirous of
p ly ing for h i re as a por te r w i th in t h e said town shall upon being
approved of by a Jus t i ce of t he Peace appointed unde r th is Ac t register

his

his n a m e and place of abode a t t he Police Office in t h e said t o w n and shal l t h e r e u p o n receive a badge on which shall be engraved his n a m e and t h e n u m b e r of his l icense which he shall wear firmly sewed to his coat or j acke t on t he left breast and any person who shall so ply wi th ou t such license and regis trat ion or be ing licensed wi thou t a badge so sewed as aforesaid shall on conviction forfeit and pay t h e s u m of t en shi l l ings and for such regis t ra t ion and badge each por te r shal l pay the s u m of five shill ings.

58. A n d be it fur ther enacted T h a t every b o a t m a n who shall be

desirous to ply wi th a boat for hire in Sydney Cove and Dar l ing H a r b o u r shall on being approved of by any Jus t i ce of t h e Peace appoin ted unde r th i s Ac t regis ter his n a m e and place of abode in t he Police Office in the said town and shall t he reupon receive a badge on which shall be inscribed his n a m e and t h e n u m b e r of his license which he shal l wear firmly sewed to his coat or j acke t on t he left breas t and for such regis t ra t ion and badge he shal l pay t h e s u m of five shi l l ings and any person who shall ply for hire wi th a boat wi thin t he said l imi ts wi thou t such license and regis t ra t ion or being licensed wi thou t a badge so sewed as aforesaid shall on conviction forfeit and pay for every such offence t he sum of t en shil l ings.

59. A n d be it fur ther enacted That every licensed b o a t m a n

shal l have his name and place of abode legibly pa in ted in le t ters not less t h a n one inch in l eng th on the inner side of the gunwale of t he s tern sheets of t he boat which he shall p ly for h i re a n d his n u m b e r upon the inside of the gunwale of t h e fore-sheets thereof and if any licensed boa tman shall fail in th is regula t ion he shall on conviction forfeit and pay for every such offence t h e sum of one pound and if any person no t being duly licensed as aforesaid shall ply w i t h a boat upon which the re shall be pa in ted a n a m e and a n u m b e r as hereinbefore directed whereby it m igh t appear t h a t such boat belonged to a person duly licensed under th is Act he shal l on conviction forfeit and pay for every such offence t he l ike s u m of one pound .

60. A n d be it fur ther enacted Tha t it shal l be lawful for t h e Jus t i ce s in the i r Q u a r t e r Sessions

to be holden for t h e said town

t h e m o n t h of October in th i s present year and in t h e respective m o n t h s of Apr i l and October in every succeding year to regula te and fix. by a table or tables to be by t h e m for such purpose made the several and respective rates and fares to be charged by any licensed car ter por t e r or boa tman for t h e conveying of goods or other articles or passengers a n d to fix and regula te t he distance a t which such licensed

car te rs por te r s and boa tmen respectively should be l iable to go and the	said ra tes and fares to vary and al ter from t ime to t ime and other fares
and ra tes to fix and establish in l ieu thereof and such ra tes and fares when so regu la ted and fixed or al tered shall be publ ished in the;
Government Gazette and shall be deemed to be t h e ra tes and fares
which from a n d after such publ icat ion it shall be lawful to b e t a k e n and demanded by any such licensed car ter por ter or b o a t m a n as afore said and any such licensed carter who shall t ake or demand any higher ra tes t han shall be so regu la ted and fixed as aforesaid shal l on conviction forfeit and pay for every such offence t he sum of one pound or who shall refuse or neglect between the hour s of sun-r ise and sun-set to carry a good and sufficient load or to employ his horse car t or dray w h e n the reun to requi red (unless he be t h e n ac tual ly hi red by some other person) shall on conviction forfeit and pay for such las t -ment ioned offence any sum not exceeding one pound nor less t h a n five shill ings and any licensed por te r who shal l refuse to engage for h i re a t t h e r a t e to be so regula ted and fixed as hereby provided on being requi red so to do between the hours of sun-r ise and sun-set (unless he be then ac tua l ly employed by some other person) shall on convict ion forfeit

and
a n d pay for every such offence t h e s u m of t en shil l ings and any licensed boa tmen who shall t ake or demand any h igher ra te or fare t h a n shall be regula ted and fixed as hereby provided or shall refuse to employ his boa t w h e n t h e r e u n t o requi red between the hours of

sun-r ise and e ight o'clock in t h e evening (unless he be t h e n actual ly
h i red by some other person or unless t h e s ta te of t he wea the r should render it dangerous for h i m so to do) shall on convict ion forfeit and pay for every such offence t h e s u m of t en shil l ings.
6 1 . A n d be it fur ther enacted Tha t if any compla in t shall be

b r o u g h t before any Jus t i ce of t h e Peace appoin ted u n d e r th i s Act t ouch ing the dis tance for which any licensed car ter por te r or boat m a n may be ent i t led to charge such distance shall be determined by such Jus t i ce as incident to t he cause and any necessary expense which t h e said Jus t i ce m a y t h i n k fit to incur for ascer ta ining the same shall be paid as costs by the pa r ty agains t w h o m a decision shall be

given by such Jus t i ce .
62. A n d be it fur ther enacted Tha t any person not be ing duly licensed as aforesaid who shall wear a badge as a licensed por te r or b o a t m a n and any l icensed por te r or b o a t m a n who shall sutler any o ther person to wear his badge or shall lend his license to any person shall on conviction forfeit and pay for every such offence the s u m of

one pound .
63 . A n d he it fur ther enacted Tha t it shall be lawful for any
two or more Jus t i ces of t h e Peace appointed under th i s A c t to deprive
of his badge or license any por te r car te r or b o a t m a n who upon com

p la in t m a d e before t h e m upon oath shall be found gui l ty of dishonest
or improper conduct .
6 1 . A n d whereas marke t -houses are now erect ing in t he said

t o w n and i t is expedient t h a t the m a r k e t s to be held the re in be placed u n d e r such regu la t ions as shal l provide for t h e convenience of all persons resor t ing there to Be it therefore enacted Tha t i t shall and m a y be lawful for any two or more Jus t i ces appoin ted unde r th i s Ac t to m a k e and appoint such rules and regula t ions and the same to a l ter and vary from t ime to t ime as occasion shall r equ i re for t he hold ing such m a r k e t s and for t h e ma in t enance of good order and convenience; the re in and for t h e cleanliness of t h e several marke t -houses sheds and stalls as to t h e m shall seem fit and to enforce such rules and regu la t ions by impos ing fines and penal t ies for t h e viola t ion thereof any such fine or pena l ty in no case to exceed twen ty shi l l ings for any one
offence and to be recovered in a s u m m a r y way before any Jus t i ce of
the; Peace and applied as hereinaf ter directed Provided always t h a t
all such rules and regula t ions shall be first approved by the Governor of t h e said Colony and publ ished in t h e Government Gazette and t h a t t h e same shall be pa in ted in dist inct legible black le t ters on a board wi th a whi te g round and he p u t u p and cont inued in some conspicuous place in or near to every such marke t respectively.
65. A n d whereas by an Ac t or Ord inance of t h e Governor

of t h e said Colony wi th t he advice of t he Legislat ive Counci l thereof

in t i tu led " An Act for regulating the Rates of Tolls or Dues to be

levied at the Markets of Sydney and Parramatta" it is amongs t o ther

t h ings enacted Tha t from and after t he thir ty-f i rs t day of M a r c h one

t housand e ight h u n d r e d and th i r ty - two the re shall he demanded paid

and t aken a t t h e m a r k e t s held in the town of Sydney for every stall
in the marke t -p lace t he s u m of one shi l l ing and eight-pence per week A n d whereas it is expediemt to let the stalls in the marked-houses now erect ing as aforesaid or hereafter to be erected under o ther condi t ions Be i t therefore enacted Tha t from and after t h e first day of J a n u a r y one t housand eight h u n d r e d and th i r ty- four i t shall and m a y be lawful for t he Collector of I n t e r n a l Revenue or such o ther officer as the

Governor

Governor of t he said Colony shall au thor ize and appoin t to farm by public auc t ion for any t e r m no t exceeding twelve ca lendar m o n t h s any one or m o r e stall or s tal ls s tanding or s tandings in any of t h e said marke t -houses and for t h a t purpose to advert ise and give such publ ic not ice in t h e newspapers or otherwise as to t h e said Collector or other officer as aforesaid shall seem fit of t h e t i m e of l e t t ing t he same; and t h e condit ions thereof any t h i n g in t he said recited Ac t or Ordinance

t h e

cont rary

no twi ths t and ing .

66. A n d whereas by an A c t of t h e Governor of t h e said Colony

wi th t h e advice of

t he Legis la t ive Counci l thereof

in t i tu led " An

Act

"for the better preservation of the Ports Harbours Havens Roadsteads " Channels Navigable Creeks and, Rivers in New South Wales and, " the better regulation of Shipping in, the same " provision is made for p revent ing rubbish be ing placed on any publ ic pier or quay and for t he removal of t imber or o ther bu lky art icle from the same as there in directed and i t is expedient t h a t t he pier or quay s i tuated in Darl ing H a r b o u r commonly k n o w n by the n a m e of the M a r k e t W h a r f be placed under t he direction of t he said Jus t i ces and bo subject to such rules and regula t ions as shall be by t h e m made for enforcing the said recited Act and provid ing for t he convenience of persons resor t ing to t he said whar f Be it therefore enacted That i t shall be la wild for any two or more Jus t i ces appoin ted under th i s A c t to m a k e and appoint such rules and regula t ions and the same from t ime to t ime to a l ter and vary as occasion shall require; for enforcing and car ry ing in to effect t he said provisions of t he said recited Ac t and for t h e ma in tenance of good order cleanliness and convenience on and at t he said m a r k e t whar f and such ru les and regula t ions to enforce by im posing fines and penal t ies for t he violat ion thereof any such fine or pena l ty in no ease to exceed twen ty shil l ings for any one offence and to be recovered in a s u m m a r y way before any Jus t i ce of t he Peace and applied as hereinafter is directed Provided always t h a t all such rules a n d regula t ions shall he first approved by the Governor of the said Colony and publ ished in t he Government Gazette and t h a t the same shall be pa in ted in dist inct legible b lack le t ters on a board wi th a wh i t e g round and be p u t u p and cont inued in some conspicuous

place on t h e said m a r k e t

wharf.

67. And he i t fur ther enacted T h a t all compla in ts of offences

agains t

th i s A c t

shall be hea rd and de termined in a s u m m a r y

m a n n e r

by one or more Jus t i ce or Jus t ices of t h e Peace as hereinbefore

men

t ioned and i t shal l and may be lawful for any such Jus t i ce or Jus t ices

respectively to s u m m o n before h i m or t h e m as the case m a y be on a.

day to be appoin ted on t h a t behalf t he person complained against or charged wi th a n y offence agains t t he provisions of th i s Ac t and there upon whe ther t h e said p a r t y hav ing been duly summoned shall a t t end or no t unless some reasonable excuse for his or her default t o be allowe;d by the said Jus t i ce or Jus t i ces shall be; made for his or he r non-appear ance; t h e said J u s t i c e or Jus t i ces shal l for thwi th proceed to enquire touch ing t h e m a t t e r s complained of and shall hear and examine on oa th or affirmation t h e witnesses produced concerning t h e same and shall give j u d g m e n t the reon and also for t h e costs of t h e said proceedings according to law Provided always t h a t upon every such compla in t so to be heard and determined as aforesaid an informer shall be considered and is hereby declared to be a competent witness A n d provided also t h a t no person or persons shall be; convicted of any offence or offences contrary to t he provisions of th i s Ac t in a s u m m a r y way before any

Jus t i ce or Jus t i ces of t he Peace after the expira t ion of one m o n t h	from
t h e t ime w h e n such offence; or offences shall have been	commit ted .

68. A n d be i t fur ther enacted That it shall a n d may be lawful

to a n d for any Jus t i ce or Jus t i ces as aforesaid to issue a summems

under
u n d e r his or the i r h a n d or hands to any person or persons whom soever to a t t end as a witness or witnesses to give evidence upon oa th or solemn affirmation before such Jus t i ce or Jus t i ces touch ing any m a t t e r of fact conta ined in any informat ion or compla in t for any offence aga ins t th i s Act w h e t h e r on t he pa r t of t h e prosecutors or informers or of t h e person or persons complained of and which summons such Jus t i ce or Jus t i ces as aforesaid are hereby requi red to issue if demanded and if such person or persons summoned as aforesaid be ing w i t h i n t he l imits of t h e said town and por t shall refuse or neglect to appear at such t ime and place to be for t h a t purpose appoin ted w i t h o u t such excuse for his her or the i r refusal or neglec t as shall be approved of by such Jus t i ce or Jus t i ces or appear ing shal l refuse to be examined on oath or solemn affirmation or to give evidence before such J u s t i c e or Jus t i ces t h e n and in every such case every such person shal l forfeit and pay for every such offence any s u m no t less t h a n five pounds nor exceeding ten pounds .
G9. A n d be i t fur ther enacted That all penal t ies forfeitures a n d fines by th i s Ac t inflicted and imposed shall be paid for thwi th or wi th in such t i m e as t h e Jus t i ce or Jus t i ces convict ing shall order and direct and in default of such paymen t shall be levied by distress and sale of t he goods and chat te ls of t he p a r t y or par t ies offending

by w a r r a n t u n d e r t h e h a n d or hands of such Jus t i ce or Jus t ices as

aforesaid and all t h e penal t ies and forfeitures when recovered

( render ing the overplus if any the re be after deduc t ing all t h e costs

charges and expenses of any summonses informations compla in t s

hear ings wa r r an t s and of such distress and t h e keeping appra i sement

or sale thereof or otherwise re la t ing the re to u n t o t h e person or persons whose goods a n d chat te ls shall be so dis t ra ined and sold) shal l be pa id a n d appl ied as hereinafter is directed and in every such case where distress is directed to be made levied or t aken by th i s A c t and sufficient distress shal l no t be found and such penal t ies forfeitures and fines and costs charges and expenses shall no t be for thwi th paid it shall a n d m a y be lawful for such Jus t i ce or Jus t i ces as aforesaid and he or t hey is or are hereby author ized and requi red by w a r r a n t or war- r a n t s unde r his or the i r h a n d or hands to cause such offender or offenders to be commit ted to t he common gaol or house of correct ion of t he said town the re to remain for any t ime not exceeding fourteen days from t h e t ime of such c o m m i t m e n t where t he whole sum to be levied and r ema in ing unpa id toge ther with t h e costs shall not exceed t e n shil l ings one calendar m o n t h where t he said sum and costs shall n o t exceed one pound two calendar m o n t h s where t h e said sum a n d

costs shal l no t exceed five pounds four calendar m o n t h s where t he said s u m and costs shall no t exceed ten pounds and six calendar m o n t h s where t he said s u m and costs shall be of any grea ter a m o u n t unless t he said sum to be levied together wi th t h e costs shall be sooner pa id Provided a lways t h a t if at the t ime of conviction it shall appear to such Jus t i ce or Jus t i ces e i ther by t h e confession of t h e offender or offenders or otherwise t h a t the offender or offenders has or have not sufficient goods or chat te ls whereupon t h e said penal t ies forfeitures and fines m a y be levied wi th in t he jur isdic t ion of such J u s t i c e or J us- tices no sale shall t ake place of the goods and chat te ls of such offender or offenders b u t it shall be lawful for such Jus t i ce or Jus t ices to com mi t such offender or offenders to t he common gaol or house of correc t ion for such t ime and in such m a n n e r as is hereinbefore men t ioned and directed and provided also t h a t any one Jus t i ce of t he Peace m a y and is hereby authorized and required to act in any and every case in which t h e concurrence; of two Jus t ices of t he Peace shall not be expressly requi red by th is Act .

70. P rov ided always and be it fur ther enacted Tha t if any person or persons shall t h i n k himself herself or themselves aggrieved b y any convict ion or order of any such Jus t i ce or Jus t i ces of t h e Peace for any offence commit ted agains t th i s Ac t in any pena l ty above t h e s u m of five pounds i t shall and m a y he lawful for such pe r son or persons to appeal to t h e n e x t Cour t of General Qua r t e r Sessions of t h e Peace to be holden for the distr ict of Sydney provided t h e same shall no t be held wi th in seven days after such conviction or order shal l be made and t h e n to t h e General Q u a r t e r Sessions of t h e Peace for t h e said distr ict t h e n nex t ensu ing and t h a t t h e execut ion of every conviction or order so appealed from shal l be suspended in case t h e person so appeal ing shall for thwi th after such conviction shall t ake place wi th two sufficient sureties before such Jus t i ce or Jus t i ces enter in to a bond or recognizance to H i s Majesty

H i s He i r s a n d

Successors in t he sum of

double t h e a m o u n t

t he

pena l ty incur red condit ioned to prosecute such appeal w i t h

effect

and to be for thcoming to abide t he j u d g m e n t and determinat ion of t h e said Cour t of Genera l Qua r t e r Sessions and to pay such costs as t h e said Cour t shal l award on such occasion and t h e Jus t i ces a t t h e said Cour t of Genera l Qua r t e r Sessions are hereby author ized and requi red to hear a n d determine t he m a t t e r of the said appeal and to award costs as to t h e m shal l appear jus t and reasonable to be paid by ei ther p a r t y and such decision shall he final b ind ing and conclusive

be tween t h e

said par t ies to all i n t en t s and

purposes .

7 1 . A n d be i t fur ther enacted Tha t all and every Jus t i ce or

J u s t i c e s of t h e Peace before w h o m any person or persons shal l be convicted of any offence against th i s Ac t shall and may cause t he convict ion to be d rawn u p in t h e following words or any other form

of words to t h e same effect

Tha t is to say

B E i t remembered T h a t on th is day of
in t he year of our Lord

A. B . is duly convicted before of His
Majesty 's Jus t ices of t he Peace of hav ing (here state the offence as the case may be) cont rary to t h e form of an Ac t in t h a t case m a d e and provided A n d I (or we as the case may be) do declare and adjudge t h a t t h e said A. B . h a t h forfeited for his (or her as the case may be) said offence t h e

s u m of and also the s u m of
for t he costs charges and expenses already incur red there about Given under m y h a n d and seal (or our hands and

seals as the case may be) t he day and year first above wr i t ten .

72. Prov ided always and be i t fur ther enacted Tha t w h e n any

offence against th is Act (except as is hereinbefore specially provided for) shal l be commit ted by any convict or offender unde r sentence of t r anspor t a t i on such convict or offender be ing convicted of t he said offence shall and may at t h e discretion of t h e Jus t i ce or Jus t ices before w h o m such conviction shal l t ake place be punished for t h e same as any offender unde r sentence of t r anspor t a t ion convicted of a misde meanor or of disorderly conduct is l iable to be punished under an A c t of t h e Governor of th i s Colony wi th t h e advice of t h e Legislat ive

Counci l passed in t h e th i rd year of t h e re ign of H i s present	Majesty
in t i tu led " An Act to consolidate	and amend the Laws for the trans-
" portation	and punishment of Offenders in New South Wales and for
" defining the respective powers and authorities of General	Quarter

" Sessions and of Petty Sessions and for determining the places at " which the same shall be holden and for better regulating the summary "jurisdiction of Justices of the Peace and for repealing certain Laws

" and Ordinances

relating

thereto " any t h i n g herein conta ined to t h e

con t ra ry

no twi ths tand ing .

3 K 73.

73. A n d be it fur ther enac ted T h a t no conviction order

warrant or other m a t t e r m a d e or p u r p o r t i n g to be m a d e by v i r t ue

of th i s A c t shall be quashed for wan t of form or removed by certiorari
or otherwise in to t h e Supreme Cour t and no w a r r a n t of c o m m i t m e n t shal l be held void by reason of any defect the re in provided t h a t i t be the re in alleged t h a t t h e p a r t y has been convicted a n d t h a t t he r e be a good and valid conviction to sus ta in t he same a n d where any distress shal l be m a d e for levying any money by v i r t ue of t h i s A c t t h e distress itself shall no t be deemed unlawful nor t h e p a r t y m a k i n g t h e same be deemed a t respasser on account of any defect or w a n t of form in t he summons convict ion w a r r a n t of distress

or o ther proceedings re la t ing there to nor shal l the pa r ty d is t ra in ing be

deemed a t respasser ab initio on account of any i r regu la r i ty af terwards
commit ted by h i m but t h e person aggrieved by such i r regula r i ty m a y recover full satisfaction for t h e special damage if any in an act ion u p o n

t h e case.

74. A n d for t h e pro tec t ion of persons ac t ing in t he execu t ion

of th i s Ac t be i t enacted T h a t all act ions and prosecut ions to be com

menced agains t any person for any t h i n g done in pu r suance of th i s

Ac t shall be commenced wi th in two calendar m o n t h s after t he fact

was commi t t ed a n d no t otherwise and not ice in wr i t i ng of such act ion

a n d of t h e cause thereof shall be given to t h e defendant one ca lendar
m o n t h a t least before t h e commencement of t h e act ion and in a n y such act ion t he defendant m a y plead the general issue and give th i s Ac t and t h e special m a t t e r in evidence a t any t r i a l to be h a d the re upon and no plaintiff shal l recover in any such act ion if t ende r of sufficient amends shal l have been m a d e before such act ion b r o u g h t or if a sufficient sum of money shal l have been pa id in to Cour t after such act ion b r o u g h t by or on behalf of t he defendant together wi th t h e costs incur red u p to t h a t t i m e and if a verdict shall pass for t h e defendant or t h e plaintiff become nonsu i t or d iscont inue any such act ion after issue jo ined or if upon demur re r or otherwise j u d g m e n t shal l be given against t he plaintiff t h e defendant shall recover his full costs as between a t t o rney and client and have t h e l ike remedy for t h e same as any defendant h a t h by law in other cases and t h o u g h a verdict shal l be given for t he plaintiff in any such action such plaintiff shal l n o t have costs agains t t h e defendant unless t h e J u d g e before whom t h e t r i a l shal l be shal l certify his approbat ion of t h e act ion a n d of t h e verdict obtained the reupon .

75. A n d be i t fur ther enacted T h a t all fines and penal t ies which

m a y be recovered by virtue of th i s Ac t a n d which m a y not be other wise specially appropr ia ted shal l be given and paid one-half t o t h e informer or prosecutor if demanded and the residue to t h e use of H i s Majesty H i s H e i r s and Successors for t h e publ ic uses of t h e said Colony and t he suppor t of t h e Governmen t thereof.

76. A n d be i t fur ther enacted Tha t th i s Ac t shal l commence

and t a k e effect from and after t h e t h i r t i e th day of September nex t .

No. VIII.

Jus t i ces from t ime to t ime to displace a n d remove a n d to	appo in t
o thers in the i r place as to t h e said Governor shall seem fit.

p la in t m a d e before t h e m upon oath shall be found gui l ty of	dishonest
or improper conduct .

of t h e said Colony wi th t he advice of t he Legislat ive Counci l	thereof
in t i tu led " An Act for regulating	the Rates of Tolls or Dues to be

levied at the Markets	of Sydney and Parramatta"	it is amongs t o ther
t h ings enacted Tha t from and after t he thir ty-f i rs t	day of M a r c h	one
t housand e ight h u n d r e d and th i r ty - two the re shall he	demanded	paid

( render ing the overplus if any the re be after deduc t ing all t h e	costs
charges and expenses of any summonses informations	compla in t s

hear ings wa r r an t s and of such distress and	t h e keeping	appra i sement
or sale thereof or otherwise re la t ing the re to u n t o t h e person or persons whose goods a n d chat te ls shall be so dis t ra ined and sold) shal l be pa id a n d appl ied as hereinafter is directed and in every such case where distress is directed to be made levied or t aken by th i s A c t and sufficient distress shal l no t be found and such penal t ies forfeitures and fines and costs charges and expenses shall no t be for thwi th paid it shall a n d m a y be lawful for such Jus t i ce or Jus t i ces as aforesaid and he or t hey is or are hereby author ized and requi red by w a r r a n t or war- r a n t s unde r his or the i r h a n d or hands to cause such offender or offenders to be commit ted to t he common gaol or house of correct ion of t he said town the re to remain for any t ime not exceeding fourteen days from t h e t ime of such c o m m i t m e n t where t he whole sum to be levied and r ema in ing unpa id toge ther with t h e costs shall not exceed t e n shil l ings one calendar m o n t h where t he said sum and costs shall	n o t exceed one pound two calendar m o n t h s where t h e said sum	a n d

or o ther proceedings re la t ing there to nor shal l the pa r ty d is t ra in ing	be
deemed a t respasser ab initio	on account of any i r regu la r i ty af terwards

of th i s Ac t be i t enacted T h a t all act ions and prosecut ions to be	com
menced agains t	any person for any t h i n g done in pu r suance of th i s
Ac t shall be commenced wi th in two calendar m o n t h s after t he	fact
was commi t t ed a n d no t otherwise and not ice in wr i t i ng of such	act ion