Sydney Suburban Roads Act 1848 No 10a (NSW)

No. XLIX.

An Act to provide for the improvement of cer­

tain Roads in the neighbourhood of the City

of Sydney. [15th June, 1848.]

WH E R E A S by an Ac t of the Governor and Council of N e w South W a l e s passed in t h e second year of the reign of H i s late

" ' shall be made certain Duties Tolls Rales Fees and, oilier sums of " ' money imposed by I lie Governors of New South Wales and for other " 'purposes ' as relates to the levying Tolls in New South, Wales and "for raising a, Fund towards making repairing and upholding Public " Boads Bridges and Femes and for regulating the collection of Tolls " thereon " cer ta in powers and author i t ies were vested in the Governor of the said Colony and a fund was crea ted for r epa i r ing t h e roads of t h e said Colony and whereas as far as relates to t he roads in t he vicinity of t h e City of Sydney wi th in the said Colony and which said roads are commonly called t h e Old Sou th H e a d R o a d and t h e New South H e a d R o a d and to cer tain other roads connected the rewi th or diverging there­ from it is expedient to t ransfer t he said powers and author i t ies and to vest so m u c h of t he said fund as may be collected or obta ined by way of Tolls or otherwise howsoever on or for t he said two roads or e i ther of t h e m in cer tain Commissioners and to m a k e provision for t he applicat ion of such fund as last aforesaid Be i t therefore enacted by H i s Excel lency t h e Governor of New Sou th Wales with the advice and consent of the Legislat ive Counci l thereof That it shall be lawful for t he

Majesty K i n g Wi l l i am the F o u r t h in t i tu led " An Act for repealing so

" much of an Act intituled ' An Act to continue until fur liter provision

t h e Governor of t he said Colony for t h e t i m e be ing to appoin t fit a n d proper persons to be Commissioners of Trus t s for t he said roads as more par t i cu la r ly described in t h e Schedule to th i s A c t annexed for

t h e purpose of ca r ry ing th i s A c t in to execut ion and from t ime to t i m e

as ho m a y deem fit to revoke any such a p p o i n t m e n t and upon such revocat ion or t h e res ignat ion or death of any such Commissioner of Trus t s to appoin t ano ther Commissioner in his stead.

2. A n d be i t enacted Tha t t h e r i g h t in teres t and proper ty in all

Toll gates and Toll houses weigh ing machines and other erect ions and bui ld ings l amps bars to l l -man ' s direction boards milestones posts ra i ls

fences a n d o ther t h i n g s which shal l have been or shall be	hereafter
erected and provided on or for t h e said roads or any of t h e m	unde r

a n d by v i r tue of t he said reci ted Ac t and th i s A c t or c i ther of t h e m

wi th t h e several conveniences and appur tenances t he reun to be longing a n d t h e mater ia ls of which t h e same shal l consist and all mater ia l s tools and implement s which shall be provided for repa i r ing the said roads or any of t h e m shal l be vested in t h e said Commissioners of T rus t s and the i r successors and they arc hereby au thor ized to apply and dispose of t h e same as t hey m a y t h i n k fit and to b r i n g any act ion or prose­

cu te any informat ion	or ind ic tment for any injury to t h e p roper ty so
vested in t h e m or for any violat ion of t h e said reci ted Act	commi t t ed

on t h e said roads or any of t h e m or in any way affecting t he same.
3 . A n d be i t enacted Tha t all powers of collecting of appropr i ­ a t i n g places where Tolls shal l be collected of caus ing Toll houses gates ba rs chains rai ls a n d fences to be bu i l t and set u p and all powers of leas ing p u t t i n g u p to auc t ion or t a k i n g securi ty for Tolls and all o ther

powers and au thor i t ies of wha t n a t u r e or k ind soever which by the said

reci ted A c t a rc vested in t h e Governor a n d t h e Collector of I n t e r n a l

R e v e n u e respectively are hereby as far as re la tes to t he said roads or a n y of t h e m t ransferred to and vested in t he said Commissioners of Trus t s and the i r successors so soon as they shall have been appointed.

4. A n d be it enacted T h a t all sums of money levied and collected u n d e r t h e said reci ted Ac t a n d th i s A c t or e i ther of t h e m on or for t h e said roads or any of t h e m shal l be vested in t h e said Com­ missioners of T rus t s and the i r successors and be applied by t h e m in

t h e repa i r ing and upho ld ing t h e said roads or any of t hem.

5. A n d be i t enacted T h a t i t shal l be lawful for t h e said Com­

miss ioners to appoin t all such minis ter ia l officers as shall be necessary

for ca r ry ing th i s Ac t in to effect and t h e salaries of such officers shal l be paid out of t h e fund vested in t h e said Commissioners by v i r tue of

th i s Ac t .

G. A n d be i t enacted T h a t t h e said Commissioners shal l keep

or cause to be kep t t r u e and correct a n d par t i cu la r accounts of all

moneys received as well as of all moneys expended by t h e m

in t h e execut ion of the i r said t r u s t and shall wi th in one m o n t h after t h e exp i ra t ion of each half-year r ender such accounts for such half- year to t h e Aud i to r Genera l of t h e said Colony who after examina t ion

of t h e same shal l cause t h e m to be for thwith	delivered to t he Colonial
Secretary for t he t i m e be ing to be laid before	t h e Legis la t ive Council

a n d publ i shed each half-year in the NEW South	Wales	Government
Gazette.

S C H E D U L E

S C H E D U L E O F R O A D S R E F E R R E D TO.

1. The old South Head Road from the boundary of the City of Sydney to the shore a t

Watson's Bay.

2. The Belle-Vue Road from the old South Head Road at the corner of the Wavcrley Gran t

to and around the crest of the hill called Belle-Vuc.

3. The new South Head Road from the boundary of the City of Sydney to its junction with

the old South Head Road.

4. The Darling Poin t Road from the new South fiend Road to the shore of Darling Point. 5. The Glcnmore Road from the old South Head Road opposite the Military Barracks to

the new South Head Road.

G. The old Point Piper Road from the old South Head Road at Paddington crossing the new South Head Road and passing in an easterly direction through tin: Village of Double Bay until it again meets the new South Head Road together with any other Road or Roads within the Parish of Alexandria connected with or diverging from the said Roads or any of them and which may be opened and dedicated to the public and taken over with the consent of the said Trustees for the purposes of this Act.