Sydney Streets Alignment Act 1835 No 14a (NSW)

as in t h e said Act ment ioned unless as thereinafter provided a n d twelve feet of t h e outer curb-stone or exter ior edge of such foot-way

No. IX.

An Act to explain and amend an Act of the

Governor and Council intituled " An Act for

" better regulating the Alignment of Streets in

" the Town of Sydney." [9th October, 1835.]

WH E R E A S t h e advice of t h e Legislat ive Council thereof was passed in

a n Ac t of t h e Governor of N e w South Wales wi th

t h e fifth year of t h e re ign of his present Majesty in t i tu led " An Act

"for better regulating the Alignment of Streets in the Town of Sydney"

whereby it was amongs t o ther t h i n g s enacted Tha t from a n d after

t h e pass ing and publ icat ion of t h e said reci ted A c t i t should not be lawful for any person to erect any bui ld ing of any k ind or descript ion whatsoever wi th in t he said Town of Sydney wi th in

whereas it was by t h e said recited A c t fur ther enacted t h a t before t he Surveyor Genera l should set ou t t h e foot-way in any s t reet or p a r t of a s treet or publ ic place in t h e said t o w n after t h e passing of t h e said Ac t he should lay before t he Governor and Execu t ive Council a p lan of the same se t t ing forth t h e proposed bread th of t he

carr iage and foot-ways and t h e r e u p o n i t should be lawful	for t he said
Governor and Council by not ice in t he "New South Wales	Government
Gazette"	t o fix and declare t h e dis tance from the curb-s tone or exter ior

edge of t h e said foot-way in any such s t ree t or p a r t of a s t reet or publ ic place wi th in which it should no t be lawful t o erect any bui ld­ ings provided such dis tance should in no case exceed twelve feet unless wi th t he consent of t h e propr ie tor of t he soil and whereas t he Surveyor Genera l in pu r suance of t he provisions of t h e said recited Ac t hav ing laid before t h e Governor and Execu t ive Council a plan of the proposed b read th of t h e carr iage a n d foot-ways in cer ta in s treets in t h e said Town of Sydney and t h e Governor and Council hav ing been pleased to approve thereof a not ice to t h a t effect bear ing date the thir ty-f irs t day of December one thousand e ight h u n d r e d a n d th i r ty four was publ ished in t h e "New South Wales Government Gazette" whereby notice was given that t he b read th of t he foot-ways in t he said streets the re in ment ioned should be and i t was by the said notice declared to be twelve feet and t h a t it should not be lawful for any person to erect any bu i ld ing wi th in twelve feet of t he curb-s tone or exter ior edge of t h e said foot-way in any streets in t h e said not ice ment ioned and whereas in pu r suance of t he said not ice so publ ished in t h e said "New South Wales Government Gazette" t h e foot-ways in t h e said s t reets in t h e said not ice ment ioned have been duly laid out by t he Town Surveyor of t h e said t o w n a n d whereas doubts have arisen in cer tain cases where t h e b read th of t he carr iage-way of some of t h e streets from house to house is in pa r t s wider t h a n t h e n u m b e r of feet ment ioned in t h e said not ice above-ment ioned t h e b read th of t h e said foot-way should be measured from t h e curb-s tone or exter ior edge of t he said foot-way as laid down by t h e Town Surveyor as aforesaid or from t h e cent re of t he carr iage- way ment ioned in t h e said Government Not ice and inc luding half t h e

b read th of t h e said carr iage-way and t h e said b r ead th of twelve feet

the re in ment ioned as t h e declared b r ead th of t h e said foot-ways and whereas i t is expedient t h a t such doubts should be removed and t h e uni formi ty of t he said foot-ways preserved wi th in t h e said town and streets of Sydney Be i t therefore enacted by His Excel lency t h e Governor of New South W a l e s wi th t h e advice of the Legislat ive

Counci l thereof and it is he reby declared Tha t t h e admeasuremen t of
t h e b read th of t h e said foot-ways in t h e said Town of Sydney in t h e

Colony aforesaid shall in all cases be t aken and measured from t h e curb-s tone or exter ior edge of t he said foot-ways as laid down by t h e said Town Surveyor u n d e r t h e provisions of t h e said recited A c t wi th­ out reference be ing in any m a n n e r h a d to t h e b read th of t he carr iage­ way adjoining to t h e said foot-ways or any pa r t s or pa r t thereof whe the r such carr iage-way m a y or m a y not in any pa r t exceed t h e b read th of t h e carriage-way ment ioned in the said Government Notice above- ment ioned or in any other not ice whatever .

2. A n d whereas i t was by the said recited Act provided t h a t all lands which should have been a t t he t ime of t he publ icat ion of t h e general objects of t h e said Ac t in t h e "New South Wales Government Gazette" or should at any t ime thereafter be left open and used as a carr iage or foot-way wi th in t h e said town should be deemed and t aken to be dedicated to the publ ic a n d should no t be fenced in or resumed on any pre tence whatever b u t be subject to all such and the like regu­ la t ions orders powers and au thor i t ies to which land used as a publ ic thoroughfare t h e n was or thereaf ter should be subject by law and

whereas it would t end to t h e uni formi ty of t h e bui ld ings and improve t h e appearance of t h e said streets if the owners or possessors of cer tain l and wi th in t h e said town which have been heretofore left open and used as a carr iage or foot-way should be pe rmi t t ed u n d e r cer ta in con­ dit ions and regula t ions to resume t h e possession of such p a r t of t h e said lands as m a y be deemed expedient Be i t therefore fur ther enacted T h a t i t m a y be lawful for t he Governor of t he said Colony wi th t h e advice of t he Execu t ive Council thereof by any wr i t ing unde r his h a n d counters igned by the Clerk of t h e said Council to pe rmi t and suffer a t t he discretion of t he said Governor and Council t h e owner or possessor of any l and adjoining to any foot-way wi th in t he said Town of Sydney which has been heretofore left open and used as a carr iage or foot-way to r e sume t h e possession of so m u c h of t h e said land as shall exceed the dis tance of twelve feet from the ou te r curb-s tone or exter ior edge of t h e foot-ways wi th in t he said town as a t present or hereafter t o be laid down by the said Town Surveyor and as to t he said Governor and Council shal l seem fit subject however to and unde r and upon such condit ions regula t ions and restr ic t ions as shall be directed by the said Governor and Execu t ive Council respect ing t h e same.

3. A n d be it fur ther enacted Tha t all informations to be here­

after b rough t or filed against any p a r t y or par t ies for any offence or violat ion of t he regula t ions or enac tmen t s of the said recited Act or of th i s A c t except in cases where the Town Surveyor shall himself be t h e pa r ty prosecuted shall be commenced and prosecuted only unde r t h e direction and in t he n a m e of H i s Majesty 's At to rney Genera l or of t h e said Town Surveyor and the penal t ies and forfeitures recovered levied and received unde r t he said rec i ted A c t or th i s p resen t Ac t shall be paid and applied in m a n n e r as in t he said reci ted A c t is men­ t ioned and directed.