Sydney Sewerage Act 1850 No 33a (NSW)
| 2188 | No. 33. | 14« VIC. | 1850. |
Sydney Sewerage.
| N o . | X N N T T T . |
| stdkey | Sewerage | . | ^ct foi' tlio better sewei’̂ ge cleansing and draining of the City of Sydney and to pro mote the health of the Inhabitants thereof. [1st October, 1850.] |
| Preamble. | HE HE AS tlie City of Sydney in the Colony of New South Wales |
| T y | has f^reatly increased in houses and buildings and the same is |
become large and populous but for want of sufficient and proper common sewers and drains much inconvenience has arisen and is still likely to arise And whereas such inconvenience might he prevented and the health and comfort of the inhabitants greatly improved and much public benefit obtained if proper and suitable common sewers were made for efibctually cleansing and draining the said City And whereas an Aet was passed in the present year of the reign of Her present Majesty by His Excellency the Governor of New South Wales
| 14 Vic. No. 41. | with the advice of the Legislative Council thereof intituled “ An Act to providefor the regulation o f the Corporation o f the City o f Sydney ” and it is expedient that the Council of the said City as by law established should he vested with full powers and authorities which at present they do not possess for effecting the purposes aforesaid Be it therefore enacted by His Excellency the Governor of New South Wales with the |
Survey of area of advicc and coiiscnt of the Legislative Council thereof That the Council purposes of sewerage ot tlic Said City Shall as soon as convcnicntly may be proceed with or and drainage cause to bc made 01’ Completed a survey of the area within the limits
of the said City and of the precincts thereof which they may think necessary to include in such survey for the purposes of sewerage and
and inajis thereof
| indicative of levels | drainage under this Aet and a map or maps thereof on such scale |
| &c. | or respective scales and with such indications of levels and par ticulars of s(!wers and underground works and of the surface as the said Council shall think necessary or expedient for the purposes of this Act and the said Council may cause such map or maps or any part thereof to be from time to time copied engraven and published as they may think proper and the said Council shall from time to time cause such map or maps to be revised and such additions made thereto as may shew the new seivers and drains and the new streets roads houses or other alterations and the date of revision shall he expressed |
| to be kept in the | therein and every such map shall he kept in the office of the Town |
| office of the Town | Clerk of the said City for the time being and the same or a copy |
| Clerk. | thereof shall he open at all seasonable times to the inspeetion of the owners or occupiers of any lands or houses within the limits of the said City. |
| Power of the Oouncii | 2. And be it enacted That the said Council shall and may |
| for™he purplTsIs* | (subjcct nevertheless to the provisoes restrictions and limitations |
| herein named. | respecting by-laws Contained in the said recited Act) from time to time make alter and repeal by-laws for all or any of the purposes following that is to say for regulating in regard to drainage the plans level surface inclination and the material of the pavement and road way of new streets and roads and the plans and level of sites for build ing and for regulating the drainage of roads and streets into their sewers for regulating the dimensions form and mode of construction and the materials and tlie keeping cleansing and repairing of the pipes drains and other means of communicating with sewers and the traps and apparatus connected thercAvith for the emptying cleansing closing and filling up of cesspools and privies and for such other works of |
cleansing
| 1850. | 14" VIC. | No. 33. | 2189 |
Sydney Seioeraye.
cleansing and of removing and disposing of refuse as the said Council are authorized to perform or require for regulating tlie form of con tracts with the said Council and generally for carrying into elleet the pur|)oses of this Act.
3. And he it enacted That it shall he lawful for the said Council Coimdi may con
at any time or times and they arc hereliy authorized and empowered hy themselves their agents workmen and servants suliject to the provisions hereinafter contained to make and construct any sewers or drains of sueh construction and in such manner as the said Council shall think necessary or proper for carrying the purposes of this Act into execution and in a careful and workmauliki! niannei- doing thereby as little damage as may he and subject to the restriction and tor such purpose
hereafter mentioned to break up the soils pitchings and pavenn.'nts o f ‘““y " P
any public or private streets higliways rotids ways lootpaths lanes &c.
piissages and places-within the said City and precincts thereof and to excavate and sink trenches for the purpose of laying down making and constructing common sewers or drains therein and to cause such common sewers or drains to communicate with the sea or any arm tliereof or with any stream or public watercourse either within or Avithout the limits of the said City and the precincts thereof and also from time to time to ojien cleanse and repair such sewei-s or drains or alter the position thereof and also from time to time to make' any drains or sewers from any main sewer or drain laid in any puhlie or j)rivatc street highAvay road way lane footpath or passage mad(! hy th(‘ said Council hy virtue of this Act into any dAvclling-house or houses public or private hiiildings and premises for the purpose of cleansing and draining any such house or houses or other premises by means of such sewer or drains and to do all such other acts matters and things and may amend ami
| as they shall from time to time deem necessary and propei' for making amending repairing completing or improving any such scAvers and drains or other Avorks to he made done and jirovided for the purposes of this Act the said Council their deputies surveyors engineers agents servants and Avorkmen doing as litth; damage as may Ik; in the exeeution of the several poAvers to them hereby granted and this Act shall he sutlieient to indemnify the said Council and their deputies surveyors engineers agents AAorkmen and all other ])crsons whom- so(!ver for all acts matters or things they or any of them shall do hy virtue hereof Provided always that the said Council shall PiovIso | ns to making |
and they are hereby required to build and construct the saidpavements
scAvers in a sufficient and ctfectual manner for accomplishing all
the purposes hereby intended and subject to the restrictions here- '
inafter mentioned and after laying or removing or altering or repairing
any such drains or scAvers shall immediately 1111 in the trenches
or excavations and make good the ground soils pitchings and pave
ments of any such public or priAmte streets higliAvays roads Avays
footjAaths lanes and public passages as aforesaid and other damtige and
]-emove the rubbish occasioned thereby and shall in the meantime
fence or guard the place or places Avhere any ground shall he opened
in such manner as to prevent danger or accidents to ])assengers car
riages horses cattle or slieep and agreeably in all respects to the pro
visions in this Act contained and if there shall he any wilful or negli
gent delay in the said Council or any of their agents surveyors or ser
vants or any other person or persons acting l)y or under their autliority
in lining in any such ground trenches or excavations or removing
rubbish or making good any such ground or the soils pitchings or pave
ments of any such public or private streets higliAvays roads Avays
footpaths lanes or public passages or other damage according to the
provisions in this Act contained or in cas(i the same respectively shall
be imperfectly done or in case the ground so opened shall not b(> fenced licgiect of Coimcii
| 2190 | N o. 33. | 14*’ YIO. | 1850. |
Sydney Sewerage.
&e. as to fencing all Or guarded iu the manner required by and agreeably to the provisions excavations &o. evory sucli caso it shall be lawful for the person
or persons in whom the right of soil of such ground shall be or to whom there now does or hereafter shall belong any power or powers to
| ‘ | maintain or repair the soil pitchings and pavements of any such public or private streets highways roads ways footpaths lanes and passages or any person acting for them or him to fill in such ground trenches or excavations and remove such rubbish and to repair and make good such ground so broken up and the soil pitchings and pavements of any such private or public streets highways roads ways footpaths lanes and pas sages or other damage and properly fence and guard any such trench or |
| and as to maintain | excavation and to place and maintain such light or lights during the |
| during the night | night as to them or him shall seem necessary and the reasonable costs and charges thereof shall bc paid by the said Council or their Treasurer or Treasurers to the persons who shall have disbursed or incurred |
ing sufBcieiit lights
and as to recovery of the Same and in default of payment thereof for thirty days next after costs and penalties, made for the payment thereof proof of such demand being
made by the oath of one or more credible witness or witnesses before one or more Justice or Justices of the Peace for the said City not being a member or members of such Council all such reasonable costs together with any sum not exceeding five pounds by way of penalty shall and may be levied and recovered by distress and sale of the goods and chattels of the City Treasurer for the time being unless such Treasurer shall pay such costs charges and penalty which he is hereby authorized and empowered to do out of any moneys received or to be received by him as such Treasurer together with the charges of such distress and sale by warrant under the hand and seal or hands and seals of any such Justice or Justices and which warrant such Justice or Justices is and are hereby required to grant and such penalties shall be paid to the person or party who shall have disbursed or incurred the costs and charges as aforesaid and the sufficiency or insufficiency of any such reinstatement or repair shall in case of dispute be determined by any such Justice.
Coundi may la}' 4. And be it enacted That it shall be lawful for the said grounL\vi«iconsent Couucil to cxcavatc the gi’ound and to make construct and lay down of owners &c. any scwei’s or drains in along or over the land or ground of any person
or persons for the purpose of communicating with any main sewer or drain to be made by the said Council in pursuance of this Act with the consent of the owner and occupier of such land or ground in which such drain or sewer shall be made as aforesaid.
and may alter
| existing sewers. | 5. And be it enacted That it shall be lawful for the said Council to open the ground and to change the level or otherwise amend or enlarge any sewer or sewers lying under any of the public or private streets roads highways footpaths lanes and passages within the said City and the precincts thereof for better communicating with the main sewers or drains already made or to be made in pursuance of |
| Proviso as to injuries this Act | Provided always that no person or persons shall by means of |
| done to private |
| sewers. | any such alteration amendment or enlargement be deprived of the ust; and enjoyment of any private sewer or drain tvliich ho or she shall be entitled to use but that the said Council shall and they are hereby expressly required at their own costs and charges so to construct and alter any such private drain or sewer as to render the same as effectual for the purposes for which it was intended as any such drain or scAver may be at the time of such alteration and in case the said Council shall refuse or neglect so to construct and alter any such private drain or sewer the use of which may be affected by the acts of the said Council for the space of tAventy-eight days next after notice in AV'riting served upon them or the ToAvn Clerk or City Treasurer for the time being respectively the said Council shall forfeit and pay to the party |
aggrieved
| 1850. | 14̂ ̂ VIC. | N o. 33. | 2191 |
Sychtey Scweraye.
ags^rieved any sum not exceeding forty shillings for every day during ■which the said Council shall refuse or neglect so to construct and alter any such private drain or sewer to he recovered in sucli and the like manner as any penalty hy this Act imposed upon the said Council may be raised and levied.
(). And he it enacted Tliat the said Council shall cause the Council to cause
sewers Avliich shall he from time to time vested in them to he con- H,cn7to'bfcitausca
structed covered and kept so as not to be a nuisance or injurious to from time to time
health and to be properly cleared cleansed and emptied and for the
purpose of clearing cleansing and emptying the same they may con- iieaith.
struct and place citlier above or under ground such reservoirs sluices
engines and other works as ni.ay be necessary and may cause all or any
of such sewers to communicate with and be emptied into sucli places
as may be fit and necessary or may cause the sewerage and refuse
therefrom to bc collected for sale or for any purpose whatsoever but so
as not to create a nuisance.
7. And be it enacted Tiiat it shall bc lawful for tlie said Coun- Power to Council to
oil ;uid tliey arc hereby fully tiuthorized and empowered to contract ^ividL'n fir and agree with any inhabitant of the said City or its precincts being private drains, the owner or occupit'r of any dwelling-house or other huilding and
premises therein or with any other jierson or persons for the purpo.se of making any ])rivate drain or sewer from any dwelling-houst' building or other premises to communicate ivith any main sewer or drtiin made or to be made altered or enlarged l)y or vested or to become vested in the said Council in pursutmee of this Act or the said recited Act or to permit and sulfer any such owner or occupier or other person or persons to malvc any such jirivate drain or sewer upon the payment of such gross or annual sum in tlie nature of a rate or rent to the said Council as may he agreed upon hy the said Council and sucli owner or occupier or other ]icrson or persons as the case may be and in case default shall be made in the ■])ayment of such gross or Roenvory nf rate,
annual sum for the space of ten days after the same shall respectively become due from time to time it shall bo lawful for the said Council to recover the same either by action of debt in the Supremo Court of
ŝê v South Wales at Sydney aforesaid or by distress and sale of the goods and cliattels oi' the person or persons liable to pay the same or of the owner or occupier of the said premises in the same manner as rents reserved on common demises may by law be recovered and it shall and may be lawful for the said Council to cause the private drain or sewer communicating with the house or premises belonging to the person so making default to bc separated from the main sewer or drain belonging to the said Council Provided alwavs that in every case Proviso subjecting
where any such owner or occupier or other person or persons shall
make alter or repair any such ])rivate drain or sewer or any private opening private
drain or sewer whatsoever which shall at any time be m:idc to com- seweis.
municate with any of the sewers or drains made or to bc made altered
or (mlarged by or vnsted or to become vested in the said Council by
virtue or in pursuance of this Act or the said recited Act all and
every the provisions enactments and penalties in and by this Aet con
tained or imposed relating to or coircerning the ground soils pitchings
and pavements to be opened or broken up and reinstated and making
good and guarding the same and repairing other damage and the pay-
nnmt and recovery of the costs and charge's thereof shall be com|)lied
with and observed by and apply to every such owner or ocoupii.'r
or other person or persons in such and the like manner as is herein
mentioned with respect to any drain or sewer to bc made alteriA or
repaired by the said Council or their jigents surveyors servants or
workimm Provided always that every occupier shall be entitled to
deduct against or to be repaid by his landlord the whole of any such
| 3 Y—VOL. 3. | * | rate |
| 2192 | N o. 33. | 14" VIC. | 1850. |
Sydney Sewerage.
rate or rent as aforesaid as shall be reeovered from sueh oceupier unless he shall be liable to pay the same under or hy virtue of his lease or agreement with his landlord.
| When Council or any | 8. And he it enacted That when and so often as any ground or |
pylons ĥ v̂ broken pitcliiugs or pavcments of any of the public or private up any soils or pave- strccts highways roads ways footpaths lanes and passages within thesam”ê3haUbekept ^hc Said City and prccincts thereof or of any of them or of any part sufficiently fenced tlicrcof shall from time to time he opened or broken up by the said oftheVorL '̂”̂ '̂ *̂* Council or their agents surveyors workmen or servants or by any such
inhabitant or other person or persons as aforesaid proper and sufficient fences and protection shall immediately thereupon be made set up and continued by the said Council or by any such inhaliitant or other person or persons as the case may bc and in the case of any such inhabitant or other person or persons to the satisfaction of the City Surveyor for the time being to guard the place or places where any ground soils pitchings or pavements shall have been so opened or broken up and to prevent danger or accidents to passengers carriages or horses or sheep or cattle and that at all times during the progress of digging any trenches or excavations and making altering enlarging and repairing all or any of the drains and sewers to be made altered enlarged or repaired by virtue of this Act and of filling in such trenches or excavations or otherwise carrying on and finishing the works hereby authorized to be done in any street highway road way footpath lane or passage within the said City and precincts thereof every such street high way road way footpath lane or passage shall be kept and continued by the said Council their agents surveyors workmen or servants or by sucli inhabitant or other person or persons as aforesaid as the case may be as free from all obstructions and annoyances of every kind and for as
and if such works
| have not been kept | short a time as practicable and that in case any such inhabitant or |
| so fenced a penalty | other person or persons shall refuse or neglect to make or set up and |
| and costs may be | |
| recovered. | continue such sufficient fences and protections or to keep and continue any such public or private street highway road way footpath lane or passage as free from all obstructions and annoyances and for as short a time as possible then and in every such case it shall be lawful for the said City Surveyor or other officer to be for that purpose appointed by the said Council to make and set up or cause to bc made and set up and continued such sufficient fences and protections and to remove or cause to be removed all such obstructions and annoyances which shall not have been neeessarily oceasioned or which shall have been continued longer than may have been actually necessary and the reasonable eosts and charges thereof shall be paid by any such inhabitant or other person or persons to the said Council and in default of payment thereof for twenty days next after demand made by tlie said Council or their duly authorized agent for the payment thereof proof of such demand being made by the oath of one or more credible witness or witnesses before one or more Justice or Justices of the Peace for the said City all such reasonable costs and charges together with any sum not exceeding five pounds by way of penalty shall and may be levied and recovered by distress and sale of the goods and chattels of any such inhabitant or other person or persons together with the charges of such distress and sale by warrant under the hand and seal or hands and seals of any such Justice or Justices and which warrant such Justice or Justices is and are hereby required to grant and such penalties shall be paid and applied in the manner hereinafter mentioned and that in case the said Council or any of their agents sur veyors workmen or servants shall refuse or neglect to make or set up and continue such sufficient fences and protections or to keep and continue any such public or private street highway road way footpath lane or passage as free from all obstructions and annoyances and for |
as
| 1850. | 1 4 ’ VIO. | No. | 35. | 2193 |
Sydney Seioeraye.
as short a time as possible according to the requirements hereinl)cJbre
contained then and in every such case the said Council on conviction
thereof before any one or more Justice or Justices of the Peace for
the said City not being a member or members of such Council shall
forfeit and pay any sum not exceeding live pounds to be recovered in
such and the like manner as any penalty hy this Act imposed upon
the said Council may he raised and levied Provided always that the
sulTici(!ncy or insullicicntiy of any such fences or protections and the
| breach infringement or neglect of all or any of the provisions above | . |
| contained and the reasonableness of the costs and charges before men tioned shall in case of dispute he determined hy such Justice or Justices. |
9. And he it enacted That Avhen and as often as any of tlie Council or other
pav'emonts or footways within the said City or the precincts fhereof
sliall he taken up or removed by the said Council or their Avorkmcn state tiie same in
surveyors or servants or any such inhabitant or otlicr person or
persons for the purpose; of making altering or repairing any such
drains or sewers or any cross drain or drains from any houses public
or private buildings or other premises to communicate with any main
sewer or drain to be made altered or enlarged by or vested or lo
become vested in the said Council in or under any public or private
sti'cct highway road way lane footpath or passage no part of any of
such jiavements or footAvays respectiA'cly shall remain taken up or
remoA'cd longer than a jicriod of seven clear days exclusive of Sundays
and tliat in case the making altering enlarging or rejiairing evci'y
such drain or sewer respectiA^ely shall not bo completed and linislu'd
Avith all practicable expedition or in case any part of such pavements
or footAvays respectively Avhen takim up or removed by the said
Council or by any such inhabitant or other person or persons for any
of the purposes aforesaid shall remain taken up or removed longca*
than the said period of seven clear days exclusive of Sundays tlum
in every such case the said Council or the City Treasurer for tlie
time lieing or as the case may be any such inhabitant or other person
or persons shall forfeit and pay any sum not exceeding forty shillings
for each day beyond tlie said period of seven clear days which shall
and may bc levied and recovered in such and the like manner as any
penalty by this Act imposed upon the said Council or such inhabiiant
| or other person or persons as aforesaid respectively may be raised | ' |
| levied and recovered. |
10. And be it enacted That the said Council shall and tliey are Counc il u. iTp.iii
hereby required at all times to maintain and keep in good order and repair at the expense ol‘ the said Council all and every the drains and scAvers to l;e made altered or enlarged by virtue of this Act by the said Council and all drains and scAvers vested in or Avhich shall become vested in or belong to the said Council by or by virtue of the same Act or the said recited Act or otherwise.
11. And be it enacted That it shall not be lawful for any per- No private sewers to
| son or persons without notice as hereinafter is mentioned to make or | u’l"' |
| be made or enlarged by or noAV vested or to be vested in tlie s;iidp,In"ity'.̂ ̂ | |
| branch any private sewer or drain into any of the seAvers or drains drain or scAver communicating or to communicate therewith and in case any person or persons shall make or branch any private sewer or drain into any of the said scAvers or drains already made or authorized to bc made by the said Council by virtue; of this Act or into any drain or sewer communicating or to communicate therewith AAuthout such notice every person so offending shall for every such offence foricit and pay to the said Council a sum not. exceeding five' pounds anel it shall be lawful for the said Council to cut off stop up or prevent the communication of such private sewer or drain Avith the se-Ave-rs or |
drains
| 2194 | N o. 33. | 14« VIC. | 1850. |
Syclncu Sewerage.
drains so made or to be made or enlarged by the said Council or any sewer communicating therewith and to recover the costs and charges occasioned thereby and also the rate or rates herein authorized to bc made from the time when such private sewer or drain shall have been made from the person or persons so offending in such and the like manner as any rate may by this Act bo raised and levied.
| Proprietors of | 12. And bo it cnactcd That all sueh private sewers or drains |
| t"repaircleanse | sball be permitted to bc branched into any of the said sewers or |
| the same under the | draius vostod in the Said Council or hereby authorized to be made and |
| Surveyor.”̂ | enlarged by them by virtue of this Act shall from time to time bc repaired and cleansed under the inspection and direction of the City Suiweyor for the time being at the costs and charges of the occupiers of the houses buildings lands and ju’emises to wliich the said private sewers or drains shall respectively belong and in case any person or persons shall neglect to repair and cleanse or cause any sewer or drain |
| complianee. | |
| Penalty for uou- | so permitted to be branched into any sewer or drain to be made by tlie said Council in pursuance of this Act to bc repaired and cleansed according to the directions of the City Surveyor for the time being he she or they shall forfeit and pay for every such offence a sum not exceeding live jiounds. |
| Inhabitants may lay | 13. And be it enacted That such of the inhabitants of the said |
| drains to the |
| Council’s sewers | City as shall be desirous of having a drain to the said main sewers or |
| after giving notice | any sewer communicating therewith laid into their houses buildings |
| and upon payment | |
| of certain rates. | or other premises may and they are hereby authorized and empowered at their own expense (subject nevertheless to the provisions herein before contained) having given six days previous notice in Avriting of his or her intention so to do to the said Council and Avith the consent of the owners of the premises through Avhich the drain shall be conveyed and giving such notice as aforesaid to the said Council or to the City Surveyor to open the ground betAveen the Council’s main scAV̂ er or the seAver communicating thercAvith and the respective houses buildings or other premises of such inhabitants and to lay any drain (the same being made of cast iron brick stone or such other materials as the said Council shall approve of and in such manner and form and Avith such grates and of such Avorkmanship as may be approved of by the said Council or the said City Surveyor) from such respectAe houses buildings or other premises to com municate AA’ith the said main sew'er such respective inhabitants |
Proceedings in c.ascg paying to the Said Coimcil the rates hereinafter mentioned and in case
of default of payment of any such rate or rates or sum or sums of
money so to be paid it sliall be lan ful for the said Council to cause the drain belonging to tlie person or persons making such default and communicating AAnth the main scAver belonging to the said Council to be separated from the said main seiver or seivers communicating thcrc- Avith so as to prevent any communication thercAvith and that the rate or rates sum or sums of money Avhich shall be due and in arrear from such person or persons to the said Council shall and may bc recovered by the said Council by distress and sale of the goods and chattels of the persons liable to pay the same in the same manner as rents reserved on common demises may by laAV bc recovered.
| Limiting the rates to | 14. | Provided always and bc it enacted That the said Council |
| be paid for drains. |
shall be obliged in the manner before directed to permit every inhabi tant occupying a dwelling-house or part of a dAvelling-house building or other premises in any square street close or lane of the said City
Avhere the sewers of the said Council hereafter shall lie laid to lay any
drain from such respectAe houses buildings or other premises the same being made of cast iron stone or brick or of such materials of such a construction and in such a manner and form and with such grates and of such workmanship as the said Council or the City Sur
veyor
| 1850. | 14*̂ VIC. | N o. | 33. | 2105 |
Sydney Sewerage.
 eyor sliall approve of to communicate Avitli the said main seivcr at the folloAving rates per annum that is to say Avhere the value of sueh dwelling-house or premises or ])art of a dAvelling-housc or ])remis('s shall not exceed tAventy pounds per annum at a rate ]>er centum per annum not exceeding seven pounds ten shillings and AAdiere sucli A'alue shall he above tAventy pounds and not exceeding forty ])oiinds per annum at a rate per centum per annum not exceeding six ])ounds and Avhcrc such value shall he above forty jiounds and not exceeding sixty pounds ]>er annum at a rate })cr centum per annum not exceeding live pounds ten shillings and Avhere such Amliu; shall he above sixty pounds and not exceeding one liundrcd pounds per annum at a rate per centum ])cr annum not exceeding live ])ounds and Avhere such A'aluc shall bc above one hundred pounds and not exceeding two hundred ])ounds per annum at a rate per centum per annum not exceeding four pounds and Avhere such value shall be above tAVo liundrcd pounds per annum at a rate jier centum per annum not exceeding three pounds and every such rate shall be ])ayable according to the amount at Avbich such dAvelling-house shall be assessed to the City rate and such rate shall be due and payable iu advance on and from the day Avben such communication with any scAver hereby authorized shall be made.
15. And bc it enacted That if the soil tilth or cesspools attached coum ii emiiowciod
or belonging to or arising from any messuage or tenement Avitbin
the said City shall upon the complaint of any one or more inhabitants on compiaiiit ami to
of the said City be deimied a nuisance by the Council it siiall lie forsrdô ns
laAvful for the said Council to cause a drain or seAver to be laid doA\ n o'vners or occupici s
| from any and CÂ ery such messuage or tenement or the premises | tenements |
adjoining to or near the same to convey such soil or tilth to one of the main scAvers or drains of the said Council and to recover the costs and charges and expenses of laying doAvn such drain or drains from the OAvner or OAvners or occupier or occupiers of such messuage or tenement respectively such costs and charges not cxci'cding the sum of live pounds in respect of any messuage or tenement Avhich shall lie under the yearly Amluc of tifteen jiounds and not exceeding the sum of ten pounds in respect of any messuage or tenement AA’hich shall bo above the Amarh' value of tifteen pounds and in case such OAvner or owners or occupier or occupiers shall on demand refuse to pay such costs and charges it shall be laAi ful for the said Council or the ToAvn Clerk of the City or the said City Sun cyor to make complaint before two of Her Majesty’s Justices of the Peace for bcioro any two
oavu Clerk or City Surveyor a warrant of distress for levying on the goods and chattels of such oAvner or OAvners or occupier or occujiiers all and evciy such costs and charges as afore said or such part or parts thereof as to the said Justices may upon the hearing of such complaint appear to bo reasonable together Avith all costs to be incurred or occasioned by any such proceedings as aforesaid
the said City and upon proAung upon oath before sueh Justices such summons or sliall not prove to the satisfaction of such Justices that he or they hath or have paid such costs and charges as aforesaid or that such costs and charges arc unreasonable it shall be laAvful for such Justices and they are hereby required to issue on the application of the said Council or the T
amount of the costs and charges so incurred by the said Council the
said J ustices arc hereby authorized and rc([uired to snmmon such OAvner
or owners or occupier or occupiers by causing such summons to bc left
at Ihe dAvclling-bouse or houses of such OAvner or owners or occupier or
occupiers to appear before them or any other of Her iVIajesty’s Justices
of the Peace at a Petty Sessions to bc held not sooner than tAventy-one
days after the service of such summons and in case such owner or
Provided
| 2196 | N o. | 33. | 14 ̂ VIC. | 1850. |
Sydney Sewerage.
Provided always that every occupier shall he entitled to deduct against or to he repaid hy his landlord the whole of such costs and charges as aforesaid as shall he recovered from such occupier unless he shall he liable to pay the same under or hy virtue of his lease of agreement with his landlord.
| Council may make | 16. And he it enacted That it shall be lawful for the said |
| rates to be paid by |
| occupiers or by | Council to make an annual rate not exceeding the rates hereinbefore |
| under £15 per year | |
| owners of houses | mentioned upon the occupier of any such messuage or tenement from |
| in certain cases. | which any drain or sewer shall he made in consequence of any com plaint so made to the said Council and to recover the same from time to time from such occupier or occupiers in such and the like manner as any rate or rent by this Act authorized to be made or levied may he recovered Provided nevertheless that it shall he lawful for the tenant or tenants of any messuage or tenements under the yearly rent of fifteen pounds per annum to deduct the amount of such rate or rates from time to time from his her or their rent or for the said Council to make such rate or rates upon the owner or owners of any messuage or tenement under such yearly rent as aforesaid and to recover the same from such owner or ovmers in such and the like manner as any rate or rent hy this Act authorized to he made may be recovered. |
| nuisances. | |
| As to removal of | 17. And be it enacted That if upon the complaint of the City Surveyor or of any inhabitant of the said City or the precincts thereof any muck filth soil or other offensive matter or thing shall he deemed a nuisance or dangerous to the health of any of the inhabitants of the said City by the said Council it shall he lawful for the said Council or the City Surveyor or Town Clerk to make complaint against the occupier or occupiers of any messuage or premises in or from which any such nuisance or danger may arise or against any person or persons concerned in occasioning such nuisance or danger before any two of Her Majesty’s Justices of the Peace for the said City and such Justices are hereby requked to issue their summons for the appearance of the party or parties against whom such complaint shall he made and in case the party so summoned shall not appear or shall refuse or neglect to remove the cause of any such nuisance or danger within such time as the said Justices shall order and direct it shall be lawful for any such Justices and they are hereby required to issue their warrant directed to any person or persons commanding him or them to remove all such muck filth soil or other offensive matter or thing as aforesaid so as to effectually prevent such nuisance or danger to the health of any such inhabitant or inhabitants. |
| Costs of removing | 18. And he it enacted That all and every the costs and charges |
| nuisances to be |
| received from party | to be occasioned by any such removal as aforesaid and of the pro |
| occasioning same. | ceedings consequent thereupon the amount of which costs and charges shall be settled and determined by such Justices shall he levied hy distress and sale of the goods and cliattels of all and every such occupier or occupiers or other person or persons by warrant under the hands and seals of two such Justices as aforesaid which they are hereby authorized and directed to grant in case such occupier or occupiers or other person or persons upon being summoned before any such Justices as aforesaid shall neglect or refuse to pay such costs and charges as aforesaid. |
| Notice of building or | 19. And be it enacted That fourteen days at the least before |
respectTo^ievels of beginning to dig or lay out the foundation of or for any new house or cellar or lowest floor to rchuild auv housc witliiu tile limits of the said City or the precincts
&V.’tobe givetTir thereof the person intending so to build or rebuild shall give to the
City Surveyor under City Sui'veyor for the time being written notice thereof together with .a penalty. level Or intended levels of the cellar or lowest floor and the
situation and construction of the privies and cesspools to ho built
constructed
| 1850. | 14̂ ̂ VIO. | N o. 33. | 2197 |
Sydney Sewerage.
constructed or used in connection with such house and it shall not ho lawful to begin to build or rebuild any such house or to build or construct any such privy or cesspool until the particulars so required to be stated have been approved by the said City Surveyor and he is hereby required to signify his approbation or disapprobation of the same within the space of fourteen days after receiving such notice without fee and in default of such notice or if any such house privy or cesspool he built rebuilt or constructed as aforesaid without such approval the offender sliall he liable to a penalty not exceeding twenty pounds and the said Council may if they shall think fit cause sucli house privy or cesspool to be altei’ed or otherwise dealt Avith as the case may require and the expenses incurred by tliem in so doing shall he repaid hy the offender together with the penalty aforesaid and he recoverable from him by distress and sale of his goods and chattels by warrant under the hand and seal of two such Justices as aforesaid Avliich they are hereby authorized and directed to grant in case such olfender upon being summoned before any such Justices as aforesaid shall neglect or refuse to pay the same.
20. And ho it enacted That the said Council shall and may if Powor for Council to tliev think fit provide and maintain in proper and convenient situations i>'"' iiieiuibiic watci- water-closets privies and other similar conveniences for public
accommodation within the limits of the said City or the precincts thereof and defray the necessary expenses out of the rates to be levied under this Act or under the said recited Act.
| 21. And lic it enacted That whosoever shall suffer any waste Penalties for aiiow- or stagnant water to remain in any cellar or place within any dwelling- | rciUir̂ Ac, |
| house or premises in tiie said City for twenty-four hours after written notice to him from the Inspector of Nuisances to remove the same and wliosoever alloAVS the contents of any water-closet privy or cesspool to overflow or soak therefrom shall for every such offence be liable to a penalty not exceeding forty shillings and to a further penalty of five shillings for every day during which the offence is continued and the said Council shall abate or cause to be abated every such nuisance and do what shall be needful for preventing a continuation or recur rence thereof and shall have power to enter any house or premises for that purpose and the expense incurred hy th(!m in so doing shall be repaid to them by the occupier of the premises upon which the same exists and be recoverable from him together with the penalties aforesaid by distress and sale of the goods and chattels of all and every such occupier or occupiers or other person or persons by Avarrant under the hands and seals of tivo such Justices as aforesaid and they arc hereby authorized and directed to grant in case such occupier or occupiers or other person or persons upon being summoned before any such Justices aforesaid shall neglect or refuse to pay the same. |
22. And be it enacted That if upon the certificate of any tA\"o iionses to be piirified
duly qualified medical practitioners it appear to the said Council that
any house or part thereof or the premises occupied in connection there-
Avithin within the limits of tlie said City or the precincts thereof is in
such a filthy or unwholesome condition that the health of any person is
or may be liable to be affected or endangered thereby so that the Avhite-
| Avashing cleansing or purifying of any house or part thereof or the pro- | • |
| mi SOS occupied in connection therewith Avould tend to prevent or check infectious or contagious disease the said Council shall give notice in Avriting to the OAimer or occupier of such house or part thereof or the premises occupied in connection therewith to whitewash cleanse or purify the same as the case may require and if the person to whom notice is so given shall fail to comply therewith Avithin such time as shall bc specified in the said notice he shall be liable to a penalty not exceeding ten shillings for every day during which he continiu's to |
make
| 2198 | 'No. 33. | 14<̂ VIC. | 1850. |
Sydney Seicerage.
make default and tlie said Council sliall if they shall think fit cause such house building' or part thereof or the premises occupied in con nection therewith to he whitewashed cleansed or purified and for such purpose shall have power io enter the same and the expense incurred by them in so doing shall he paid hy the owner or occupier in default and he recoverable from either of them hy distress and sale of the goods and chattels of sucli owner or occupier hy warrant under the hands and seals of two such Justices as aforesaid which they are hereby authorized and directed to grant in case such owner or occupier or other person or persons upon being summoned before any such J ustices as aforesaid shall neglect or refuse to pay the same.
| Justice, m')y issue | 2d. And he it enacted That whenever it shall he made to appear |
| warrant mithoiiz.nfj | oath to tlic satisfactiou of aiiv Justice of the Peace | ̂ | that tliere is |
| olhcer of Council cfcc. | i | r> | i | t | • | i | ^ | i n | p |
| to enter iJicmiscs and reasonable gi’ound lor believing that anv house or part tliereot or | the |
| conditionfuererf | prcmiscs Occupied therewith as is hereinbefore mentioned within the limits of the said City is in a filthy or unwholesome condition it shall be lawful for such Justice to grant a warrant under his hand autho rizing any officer of the said Council Inspector of Slaughter-houses or Inspector of Xuisances or Inspectors of Police with such assistance as may he necessary and accompanied by such Medical Practitioners as aforesaid to enter (in the day time) into such house or part thereof or tlie premises occupied therewith as aforesaid and to view the same and the state and condition thereof. |
| Power for owners or | 21. And be it Guactcd That any owner or owners or occupier or occupiei's of ]iremises adjoining or near to but beyond the limits of the |
| to contract with | the limits of the City said City and the precincts thereof may cause any sewer or drain of or | |||
| ||||
| ||||
| ||||
| ||||
| penalty. |
precincts thereof is used or intended to he used as a factory or huilding in which jiersons of both sexes and above twenty in number are employed or intended to he employed at one time in any manufactory trade or business the said Council may if they shall think fit by notice in writing to the owner or occupier of such house require them or either of them within a time to be specified in such notice to construct a sufficient number of water-closets or privies for the separate use of each sex and whoever neglects or refuses to comply with such notice shall be liable for each default to a penalty not exceeding twenty pounds and a further penalty not exeeeding twenty shillings for every day during which the default is continued and such penalties shall he recoverable from such owner or occupier or other person or persons hy distress and sale of the goods and chattels hy warrant under the hands of two such Justices as aforesaid (which they are hereby authorized and directed to grant) in case such owner or occupier or other person or persons upon being summoned before any such Justice as aforesaid shall neglect or refuse to pay the same.
Xotliiii" ill this Act2(). And he it enacted That nothing in this Act shall be
personfmniprosecn- ponstrucd to render lawful any act matter or thing Avhatsoever which tion&c.fora l)ut for tliis Act would hc dcemcd toheanuisan.ee within the limits
| miisaiice. | prcciucts thcrcof nor to exempt any person from any liability prosecution or punishment to which he would have been otlierwise subject iu respect thereof. |
Owner of house 27. And be it cuacted That if any house or premises shall Im̂reThan on̂ tenlnt I’̂ come untenauted or where such house or premises shall be let out in liable for rates &c. apartments Or to moro thau onc tenant the owuor or owners of such
house
| 1850. | 14̂ VIC. | No. 33. | 2199 |
Sydney Sewerage.
house and premises shall l)e deemed the occupier or occupiers thereof for all the purposes of and he liable to the rates costs and charges by this Act authorized to be made and imposed the same to he recovered in any manner lierein directed for tlie recovery of sueh rates and charges.
28. And he it enacted That if any person shall wilfully or Penalties fur inter-
maliciously hinder or interrupt or cause or ])roeurc to he hindered or 1 interrupted the said Council or their managers surveyors agents ser- drains &e, vants or workmen or any of them in doing or performing any of the
works or in the exercise of any of the yiowers and authorities in this Act authorized or contained oi‘ shall rvilfully or maliciously lircak throw down injure damage or destroy any sewer or drain works matter or thing belonging to the said Coumnl made or to he made and pro vided in pursuance of this Act or for the purpose of the execution of the powers herein contained every yicrson so oilending shall for every such offence forfeit and yiay any sum not exceeding ten pounds.
29. And he it enacted That if any person or persons supplied And on persona
Avith a drain hy virtue of this Act or having any drain or scAver A\ hich pe^duLg'othm he incurred and the said Conncil shall bc at liberty to cutoff the drain from every person so offending from the main scAver of the said Council.
may communicate with the seAvers of the said Council shall Avilfully use the same,
permit any other person or persons not liaA'ing the authority or consent
of tlie said Council to use any such drain or any branch into the same
then and in every such case every person so offending as aforesaid
shall forfeit and pay to the said Council for every such offence any sum
not exceeding five pounds according to the discretion and decision of
the -Justices of the Peace before Avhom the same shall hc recovered
over and ahoAC the full amount of the damage sustaiired hy the said
30. And hc it enacted 3'hat it shall he laAvful to and for the Council autiiorized
Engineer Suiweyor or any other person or jiersons acting hy or Piinler communication Avith any other drain or sewer into any other huilding or premises and if such Engineer Surveyor or other person acting hy or under the authority of the said Council shall at such time or times he refused admittance or entrance into any such dAvelling-house huild ing or other premises for the purpose of making such inspection and examination as aforesaid or on being admil.ted shall hc obstructed or prevented from making such inspection and examination as aforesaid then and in every such case it shall and may he laAvful to and for the said Council to cut off the drain or scAver supplied l>y the said Council from such house huilding or other premises.
the authority of the said Council at all seasonable times in the day comimmieate.
fline upon giving twenty-four liours previous notice of their intention to
enter into any house huilding or other premises having a drain or
scAver communicating Avith the seivers already made or to he made hy
| 31. ProAuded always and he it enacted That in case the said | to raise |
Council shall he desirous of raising any sum on mortgage of the said ot uleViLuauTg®*
rates or rent or other revenue to he derived hy them under or hy
virtue of this Act not exceeding the sum of tAventy thousand jiounds
it shall he laAvlul for the said Council to borrow and take up at
interest all or any part of the said sum in one or more sum or sums
on the credit of the said rates rent or other revi'uue to hc derAed as
aibresaid and to assign the same or any part thereof as a security foi*
any sum or sums of money so to he horrowe.d Avith interest to such
person or persons as sliall advanci' tlu' s.'ime all Avhich said assignments
shall he made at the costs of the said Council under their (jommon
seal and be registered hy the Toivn Clerk for the time being in a hook
to he kept for that purpose and the same shall he in the form or to
the effect folloAving (that is to say)—
| 3 z—VOL. 3. | “ By |
| 2200 | N o. | 33. | 14" VIC. | 1850. |
Sydney Seicerage.
| Form of mortgage. | “ By virtue of an Act passed in the fourteenth year of the “ reign of Her Majesty Queen Victoria intituled ‘ An A ct “ ‘fo r the better seicerage cleansing and draining o f the City “ ‘ o f Sydney and to promote the health o f the Inhabitants “ ‘ thereof' we Mayor Aldermen Councillors and Citizens of “ the City of Sydney in consideration of the sum of |
| “ to us in hand paid by | of | do hereby bargain |
“ sell and assign unto the said his her or their (as “ the case may he) executors administrators and assigns “ all and singular the rates rents and sums of money arising “ or to arise and he payable to us for drains and sewers “ or otherwise by virtue of the said Act and all our estate “ right title and interest of in and to the same to hold unto “ the said executors administrators and assigns
| “ until the said sum of | with interest for the |
“ same after the rate of per centum per annum shall “ he fully paid and satisfied Given under our common
| “ seal this | day of | A.n. | ” |
And all persons to whom such assignments shall be made shall he equally entitled one Avith the other to the said rates rents sum and sums of money and premises so to be assigned as aforesaid in proportion and according to the respectAe sums in such assignments mentioned to he advanced without any preference hy reason of the priority of any such assignments or on any other account and the person or persons to whom any such assignment shall be made as aforesaid or who shall be entitled to the money due thereon may from time to time transfer his her or their right or interest therein to any person or persons by writing under his her or their hand and seal or hands and seals in the form or to the etfect following (that is to say)—
| Form of transfer. | “ I | of | in consideration of the sum of |
“ paid hy do hereby transfer a certain “ mortgage by the Mayor Aldermen Councillors and “ Citizens of the City of Sydney to hearing date the
| “ | day of | for securing the sum of |
“ and all interest now due and to become due thereon and
“ all my right and property therein to the said
“ his her or their (as the case may he) executors adminis-
| “ trators and assigns | Dated this | day of |
| “ A.D. | ” |
And every such transfer shall AGthin thirty days after the date thereof he produced to the said Tovti Clei’k for the time being who shall cause a memorial to he made thereof in like manner as the original mort gages or assignments are hereinbefore directed to he registered for which the said Town Clerk shall be paid such sum as the said Council shall appoint not exceeding five shillings and every such entry made of such transfer shall from thenceforth entitle such assignee or assignees his her or their executors administrators and assigns to the full benefit of the original mortgage and it shall not from thenceforth be in the power of any person or persons who shall have made such assignment to make void release or discharge the original mortgage or any money thereby secured or any part thereof.
Power to Council to
| purchase or lease | 82. And bc it enacted That it shall he lawful for the said |
| lands for the pur | Council to purchase hy agreement or to take on lease for such term as |
| poses of sewerage | |
| and drainage | they may think fit any land which may be necessary for the formation or protection of any Avorks Avhich tliey are authorized to execute under this Act also any offices and other buildings yards stations or places for deposit of refuse materials and things or any land for the erection and formation of such offices and other buildings yards .stations or places for deposit and also to contract for the purchase removal or |
abatement
| 1850. | 14'̂ VIO. | N o. 33. | 2201 |
Sydney Seiverage.
abatememt of any mill dam pound weir bank wall lock or other obstruc tion to tlie flow of Avatcr whereby sewerage or drainage is obstructed or impeded and for the jiurchase of any land or any right or easement in or over any land ivliicli it may be necessary or expedient to purchase to prevent the obstruction of sewerage or drainage within the said City and also to purchase by agreement or take on lease as aforesaid the and to purchase
whole or any part of am" streams or springs of Avatcr or any rights om̂ ter 4rc'*’oJ"any therein Avhich it shall appear to the said Council necessary to ac([uire land lor the purpose and use for the purjioses of cleansing seivers and drains and the other
purposes of this Act or any land which it shall be deemed advisable making reservoirs
for the said Council to purchase or take on lease for the purpose of
drawing or obtaining Avater from springs or by sinking of Avells and
for making and providing reserA oirs 1 anks aqueducts Avatcrcourses and
other works or for any other purpose connected Avith the AVorks for
obtaining such supply of Avater as aforesaid.
33. And he it enacted 3’hat it shall be hiAvful for the said rower to Council to
Council to sell and dispose of any lands or other property vested in them by Aurtue of this Act or acquired hy them under the poAvers herein contained or any part thereof Avhich it shall appear to the said Council may be properly sold and disposed of as aforesaid and ibr completing and carrying any such sale of lands into elfect the said Council may avcII and effectually coii ey the lands sold and disposed of as aforesaid unto the purchaser or as he shall direct and such conveyance shall bc under the common seal of the said Council and a receipt under the hand of the City Treasurer for the time being of the said Council shall bo a sufficient discharge to the purchaser of any such lands for the purchase money in such receipt expressed to be received and shall exonerate such purchaser from all liability to sec to the application thereof and the money to arise from such sale shall be applied to such of the purposes of this Act as the said Council shall direct.
3 t. And be it enacted That in all cases in Avhich by this Act Justiuea may proceed
any penalty costs expenses or other money are made rccoA C'rable by iJî vmnanorin
information before any Justice of tbe Peace it shall be laA\Tul for the writing in the reco-
| .Tustice of the Peace to Avhom complaint shall be made of any offence | ptnaitics. |
| against this Act to summon the party complained against before him and on such summons to hear and determine the matter of such complaint and on proof of the offence to commit the offender and to adjudge him to pay the penalty or forfeiture costs or expenses or otlu'r money incurred and payable and to proceed to recover the sanu' although no information in Avriting sliall liaA C been exhibited or taken by or before sucli Justice and all such proceedings by summons without information in Avriting shall be as good A"alid and effectual to all intents and purposes as if an information in Avriting Avere exhibited. |
35. And be it enacted Tliat Avdien and so often as any sum or Proceedings in case
| sums of money shall be directed or ordered to bo paid by any Justice | jVô ,YompcnsL |
| or Justices of the Peace by virtue of this Act as or by Avay of | for damages &c. |
| penalty compensation or satisfaction for any materials or costs or for any damage spoil or injury of any nature or kind AvhatsoeA"cr done or committed by tbe said Council or any other person or persons acting by or under their authority and such sum or sums of money shall not be paid by the said Council to the party or parties entitled to receive the same Avithin ten days after demand in Avriting shall have been made from the said Council or the Toavu Clerk thereof for the time being in pursuance of the direction or order made by such Justice or J ustices and in Avhich demand the order of such Justice or Justices shall be stated then and in such case the amount of such penalty compensation or satisfaction shall and may be levied and recovered by distress and sale of the goods and chattels of the City Treasurer for the time being under a warrant to be issued for thal purpose by such Justice or |
Justices
| 2202 | N o. | 33. | 14 ̂ VIC. | 1850. |
Sydney Seioeraye.
Justices wliich warrant any such Justice or Justices is and are hereby authorized and required to grant under his hand and seal or their hands and seals on application made to him or them for that purpose hy the party or parties entitled to receive such sum or sums of money as or by way of compensation and satisfaction for such materials costs damages spoil or injury as aforesaid and in case any surplus shall remain after payment of such sum or sums of money and the costs and expenses of hearing and determining the matter in dispute and also the costs and expenses of such distress and sale then and in such caso such overplus shall hc returned on demand to the said Council or to the said City Treasurer for the time being as the case may he Pro vided always that it shall he lawful for such Treasurer to retain out of any moneys which he shall have received or shall receive in pursuance of this Act or the said recited Act all such damages costs charges and expenses as he shall have sustained or be put unto hy virtue of any such warrant as aforesaid.
| Recovery of | 36. And he it enacted That all lines costs and charges imposed |
| penalties. | under this Act or inflicted or imposed hy any rule order or by-law to be made under the authority of this Act shall in case of non-payment thereof he adjudged hy and he recovered before any Justice of the Peace for the said City in a summary way and any such Justice of the Peace is hereby authorized and empowered to convict the offender or offenders upon information hy the oath of any person or persons or on the confession of the party offending (which oath such Justice is hereby authorized to administer) and in default of j:>ayment of such lines costs and charges and also any penalties or forfeitures the same shall be levied hy distress and sale of the offender’s goods and chattels or of the goods and chattels of the said City Treasurer for the time being of the said Council if the said Council or any agent sur veyor officer servant or workman thereof shall offend and be convicted as aforesaid of any offence in this Act mentioned hy warrant under the hand of such Justice and in case any such lines costs and charges penalties or forfeitures shall not he forthwith paid upon conviction by any person or persons offending and convicted then it shall he lawful for such Justice to order the offender or offenders so convicted to he detained in safe custody until return can hc conveniently made to such warrant or warrants of distress as hereinbefore mentioned unless the said offender or offenders shall give sufficient security to the satis faction of such J ustice for his or their appearance before him on such day or days as shall he appointed for the return of such warrant or warrants of distress such day or days not being more than five days from the time of taking any such security and which security the said Justice is hereby empowered to take by way of recognizance or otherwise hut if upon the return of snch warrant or warrants it shall appear that no sufficient distress can he had thereupon or in case it shall appear to the satisfaction of any such Justice either hy the con fession of the offender or offenders or otherwise that such offender or offenders hath or have not sufficient goods and chattels whereon such penalties forfeitures fines costs and charges may he levied were a war rant of distress issued it shall he lawful for any such Justice of the Peace and he is hereby authorized and required hy warrant under his hand to commit such offender or offenders to any gaol in the said Colony for any time not exceeding three calendar months. |
| Appropriation of | 37. And be it enacted That one moiety of all penalties and |
| penalties. | forfeitures which shall be recovered under or hy virtue of this Act (after rendering the overplus if any on demand to the party or parties whose goods and chattels shall be distrained the reasonable charges for such distress and sale being first deducted) shall he paid if not other wise directed hy this Act to the informer and the other moiety thereof |
shall
| 1850. | 14" y i c . | N o. | 53. | 2203 |
Sijdneii Sewerage.
shall be paid and applied in manner following namely if the said Council or any of their agents surveyors officers servants or workmen shall he convicted of any olfcnc(' under this xict then the remaining moiety of any penalties or forfeitures wliich may be imposed u])on them respectively shall he paid to the Colonial Treasurer and applied to the use of Her IMajesty Her Heirs and Successors for the pmhlic uses of the said Colony and in support of the Covernmeut thereof as hy any Act of the Governor and Legislative Council may he ajipointed hut if any other person or persons than the said Council or their agents surveyors oillcers servants or workmen shall hc convicted of any offence under this Act the I’omaining moiety of any such penalties or forfeitures which shall he imposed upon any sueh joerson or jiersons shall be paid in aid of the rates or rent directed to ho levied and raised hy this Act and he ap]>lied for the purposes thereof Provided always savins the ri-iits of
that notliina: herein contaiiu'd shall he deemed or construed to all'ect Her toimr-
111 ally way or to iiitorlcre Avith the ri^u i oi l ie r M ajesty JLer 1 loirs rumit pcmviUcsviT.
and Successors to pardon the olfender and to remit the whole or any
|)art of any such line penalty or forfeiture as to Her Majesty shall
seem meet.
138. And he it further enacted That every d ustice of the Peace ConvioU.m to he
ht'forc whom any person shall ht; convicted of any offence agtiinst tills' '̂'"'" the form following that is to say—
| “ New South W ales) | Fonn otcmiviaion. |
| “ Sydney to Avit. | ) |
| “ 13c it rememhered That on tlie | day of |
“ A .o . is convicted before me one of Her “ Majesty’s Justices of the Peace for the said City hy ‘•W'irtuc of an Act passed in the fourteenth year of the “ reign of Her IMajesty Queen AGctoria, intituled ‘ Act “ ^for the better sewerage cleansing and draining o f the “ ‘ Citg o f Sgdneg <n/d to jjronwte the health o f the Inha.hi-
̂ tants thereof' of having (here specify the otfence or “ omission and the time and place Avhen and Avhere coiii- “ mitted as the case may he) contrary to the said Act for “ Avhich olfence 1 do adjudge the said
“ to have forfeited the sum of
“ Given under my hand the day and year first aho\(>
“ AVTitten.”
39. And be it enacted That Avhere any distress shall he made niniTssimtuniawfnl
for any sum or suras of money to he IcA’icd hy this Act the distress itself shall not he unlaAvful nor the party or parties making the same he deemed a trespasser or trespassers on account of any defect or Avant of form in the information summons conviction Avarrant of distress or other proceedings relating thereto nor shall the party or parties dis training he deemed a trespasser or trespassers on account of any irregularity that shall he aftenvards done hy the party or yiartics dis training hut the ])crson or persons aggrieved hy such irregularities may recover satisfaction for the special damage in an action on the case.
40. Ih'OA’ided ahvays and he it enacted That any body or bodies Apiieai may be made
| ing himself herself or themselves aggricA êd by any order or judgment made or given in pursuance of any rule hy-laAV or order of the said | corporate or collegiate trustees person or persons AAdiomsoever think- WJ'J' the Peace in pursuance of this vVet may Avithin three calendai" months after the cause of complaint shall have arisen appeal to the Justices of the Peace at their next General or Quarter Sessions of the Peace to he holden in the said City the person or persons a]Apealing having first given at least ten days’ notice of such appeal and of the natuL'e |
and
| 2204 | N o. | 33. | 14" Y IC . | 1850. |
Sydriey Sewerage.
and matter thereof to the person or persons appealed against or to the Town Clerk of the said City as the case may he and forthwith after such notice entering into a recognizance before some Justice of the Peace of the said City with two sufficient sureties conditioned to try such appeal and to abide the order and award of the said Court thereon and the said Justices upon due proof of such notice and recog nizance having been given and entered into shall in a summary way hear and determine such complaint at such General or Quarter Sessions of the Peace or if they shall think proper may adjourn tlie hearing thereof to the next General Quarter Sessions of the Peace to he held in the said City and if they see cause may mitigate any forfeiture or fine and may order any money to he returned which shall have been levied in pursuance of such rule by-law order or determination and shall and may also award such further satisfaction to be made to the party injured or such costs to either of the parties as they shall judge reasonable and proper and all such determinations of the said Justices shall be final binding and conclusive upon all parties to all intents and purposes whatsoever.
| Plaintiflf not to | 41. And he it enacted That no plaintiff or plaintiffs shall recover |
| recover after tender |
| of amends. | in any action to he commenced against any person or persons for anything done in pursuance of this Act unless notice in writing shall have been given to the defendant or defendants twenty-eight days before such action shall he commenced of such intended action signed hy the attorney of the plaintiff or plaintiffs specifying the cause of such action nor shall the plaintiff or plaintiffs recover in any such action if tender of sufficient amends shall have been made to him her or them or to his her or their attorney by or on behalf of the defendant or defendants before such action brought and in case no such tender shall be made it shall be lawful for the defendant or defendants in any such action by leave of the Court any time before issued joined to pay into Court such sum of money as he she or they shall think proper whereupon such proceedings order and judgment shall be made and given by such Court as in other actions where the defendant is allowed to pay money into Court. |
| Limitation of | 42. And be it enacted That no | action or suit shall he brought |
| actions. | against any person or persons for anything done in pursuance of this Act or in relation to the matters herein contained after three calendar months from the act committed and every such action or suit shall be brought and tried in the said City and not elsewhere and the defendant or defendants in every such action or suit shall or may at his or their election plead specially or the general issue and give tliis Act and the special matter in evidence at any trial and prove that the same wiis done in pursuance and under the authority of this Act and if the same shall appear to have been so done or if such action or suit shall have been brought before the expiration of twenty-eight days next after such notice shall have been given as aforesaid or after sufficient satis faction made or tendered as aforesaid or after the time limited for bringing the same or shall be brought in any other place than as afore said then and in every of the said cases the jury shall find a verdict for the defendant or defendants and upon such verdict or if the plaintiff or plaintiffs shall be nonsuited or discontinue his her or their action or suit after the defendant or defendants shall have appeared or upon any demurrer judgment shall be given against the plaintiff or plaintiffs then and in every such case the defendant or defendants shall recover full costs of suit and have such remedy for recovering the same as any other defendant or defendants hath or have in other cases by law. |
| No proceedings to be | 43. And be it enacted That no order rate or assessment judg- mciit oi’ otlicr proceeding made touching or concerning the conviction |
| We by certiorari. | of any offender or offenders against this Act shall he quashed or |
vacated
| 1850. | 14'̂ YIC. | N o. 34. | 2205 |
| Colonial Froduce Anctions | Free. |
vacated for want of form only or be removed or removable l)y writ or process whatsoever into tbe Supreme Court of tlie said Colony any law statute or usage to the contrary thereof in anywise notwithstanding.
41. And whereas persons guilty of offences against this Act may Trajisicnt offender
be transient persons and unknown to the officers acting under tlie said Council Be it enacted That it shall he lawful for any officer acting under the said Council with such aid as shall he m'cessary to seize and detain any such unknown person or persons guihy of any offcidcc', against this Act and forthwith to convey him her or them hefort; any Justice of the Peace of the said Council without any otlu'r warrant oi- authority than this Act for so doing.
45. And bc it enacted That in all cases wherein it may h('How notices simii be
requisite or necessary for any person or persons or party or parties to cinnicii.*' ”''
serve any notice or notices writ or writs or other legal proettedings
upon the said Council the service thereof upon the Town Clerk for the
time being of the said Council or left at the J’own Hall or building
used as such shall he deemed good and sufficient servict' of tlu' samt'
resjiectively on the said Council.
40. And he it enacted That where under this Aet the said Council may act
Council arc authorized to do or direct to bc dont; any work or f-o smweyow
remove or repair or direct to Ik ; removed or repaired any nuisance or
default it shall be lawful for the said Council to exercise and put iu
force all the powers of this Act in relation to the premises u])on the
information or presentment of tlu' City Surveyor without any otlu'r
})resentment in relation thereto.
47. And h(̂ it enacted That in the construction of this Act the interim tation oi
following words and expressions shall have the meanings hereby assigned to them unless such meanings he repugnant to or inconsis- t(mt with the context that is to say words importing the singular number shall include the plural number and words importing the plural number shall include the singular number words im])orting the mascu line gender shall include femah's the word “ person” or Avords a])plying to any person or individual shall apply to and include corjioratious whether aggregate, or sole tlu; Avord “ owner” shall mean the person for the time being receiving the rack rent of the messuages laud or premises in connection with Avhich the word is used whether on his ac.eount or as agent attorney or trustee for any other p<;rson or who Avould so receive the same if such messuages land or premises w(;re h;t at a rack rent.
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