Sydney Surveyor Act 1837 No 2a (NSW)

A N N O O C T A V O

GULIELMI IV. REGIS.

No. I.

An Act for regulat ing the appointment of the Surveyor of the Town of Sydney and for transferring to other Persons certain powers heretofore vested in the Surveyor General of the Colony of New South Wales and in the Surveyors and Assistant Surveyors of Roads

in the said Colony. [28th June, 1837.]

WH E R E A S of t h e Colony of N e w Sou th W a l e s passed in t h e four th year

by an A c t of t h e Governor and Legislat ive Counci l

of t h e re ign of H i s present Majesty in t i tu led " An Act for regulating

" the Police of the Town and Port of Sydney and for removing

"and preventing Nuisances and Obstructions therein" i t is a m o n g other th ings enacted t h a t t h e Surveyor Genera l of t h e said Colony for t h e t ime be ing shall appoin t one or more fit and proper persons as Surveyor or Surveyors of t h e said Town subject t o t h e approba t ion of t h e Governor and whereas by t he said Ac t as also by ano the r A c t of t h e said Governor a n d Counci l passed in t h e fifth year

of t h e re ign of H i s said Majesty in t i tu led " An Act for better regu-
" lating the alignment of Streets in the Town of Sydney " cer ta in dut ies powers and indemni t ies set forth in t h e said t w o several Ac t s

are imposed and conferred u p o n t h e Town Surveyor so appoin ted by

t h e Surveyor Genera l unde r t he provisions of t h e said first reci ted

A c t a n d whereas i t is expedient to amend t h e said first reci ted A c t so

Genera l of N e w South W a l e s and his assis tants and on t h e persons appoin ted by h i m and it is expedient to amend the same Be i t enac ted Tha t t h e said dut ies powers and indemni t ies shall be imposed a n d conferred on t h e Surveyor or Surveyors of t h e Town of Sydney appoin ted

far as re la tes to t h e mode of appo in t ing t he said Town Surveyor Be it therefore enacted by H i s Excel lency t h e Governor of N e w South W a l e s wi th t he advice of t he Legis la t ive Counci l thereof Tha t from

a n d after t he pass ing of th i s A c t i t shal l be lawful for t h e Governor

of N e w South W a l e s for t he t ime-be ing to appoin t one or more fit and proper person or persons to be Surveyor or Surveyors of t h e said Town of Sydney and all t h e dut ies powers a n d indemni t ies imposed and conferred by the said two reci ted Acts u p o n t h e Town Surveyor or Surveyors appoin ted by t h e Surveyor Genera l u n d e r t h e provisions of t he said first reci ted Ac t shal l be henceforth imposed a n d conferred upon t h e person or persons appoin ted or to be appoin ted by the said Covernor to be Surveyor or Surveyors of the said Town of Sydney

u n d e r t h e provisions of th i s Act .

2. A n d whereas by t h e said before reci ted Acts cer ta in dut ies

powers and indemni t ies a re imposed and conferred u p o n t h e Surveyor

appoin ted u n d e r t h e provisions of th i s A c t and on any person or

persons appoin ted b y or serving u n d e r h i m or t h e m .

3. A n d whereas by an A c t of t h e said Grovernor and Counci l

passed in t h e four th year of t he re ign of his said Majesty in t i tu led " An Act for making altering and improving the Roads throughout the " Colony of New South Wales and for making and opening the Streets " in the Towns thereof a m o n g other th ings cer ta in powers and au thor i t i es are given to t h e said Surveyor Genera l for opening a l t e r ing a n d improv ing the streets of Sydney and cer ta in indemni t ies for all acts done by v i r tue of t h e said A c t and it is expedient to amend the same B e i t therefore enacted Tha t from and after t he pass ing of th i s Ac t t h e said powers a n d au thor i t ies and t h e said indemni t ies so far as r ega rds a n y ac ts to be done by v i r tue of t h e powers a n d au thor i t i es he reby t ransfer red shall be vested in and exercised by t h e Surveyor or Surveyors of t h e Town of Sydney appointed u n d e r t h e provisions of

th i s Ac t .

4. A n d whereas by t h e said before reci ted A c t passed in t h e four th year of t h e re ign of his said Majesty in t i tu led " An Act "for making altering and improving the Roads throughout the Colony " of New South Wales and for opening and improving the Streets in " the Towns thereof" cer ta in fur ther dut ies powers a n d indemni t ies a rc imposed and conferred upon t h e said Surveyor Genera l and h is ass is tants and i t is expedient to a m e n d the same Be i t therefore enacted Tha t from and after the pass ing of th is Act all t h e said dut ies powers and indemni t ies so imposed and conferred u p o n the said Sur­ veyor Genera l a n d his ass is tants by t he said Act shall be imposed and conferred upon the officer command ing the Roya l Eng inee r s in N e w South W a l e s and his assis tants or u p o n such o ther person or persons as shall be duly appoin ted by the Governor of t he said Colony to t h e charge of t r a c ing lay ing out m a k i n g repa i r ing or fencing of any road or roads or to t h e charge of cons t ruc t ing or r epa i r ing any br idges in t h e said Colony or to any o ther dut ies set for th in t h e said last

reci ted	Ac t .
5. A n d Whereas by a cer ta in o ther A c t of t h e said Governor
a n d Counci l passed in t h e th i rd year of t h e re ign of H i s said	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 Laics

" and Ordinances relating thereto" i t is amongs t other t h ings enacted

t h a t any Surveyor or Ass is tan t Surveyor of Roads be ing an officer in

t h e Surveyor Genera l ' s D e p a r t m e n t and duly appoin ted by wr i t i ng

u n d e r t he h a n d of t he Governor in th i s behalf should have au thor i ty

to hold a Cour t a n d exercise cer ta in s u m m a r y powers a t t he place	where
any i roned	gang or road p a r t y shal l be s ta t ioned a n d i t is expedient

t o ex tend t h e said powers as hereinafter men t ioned Be i t therefore

enacted Tha t any Ass is tan t Eng inee r or Super in tenden t of any i roned gang or of convicts employed upon the roads or publ ic works duly appoin ted by wr i t ing u n d e r t he h a n d of t he Governor in th i s behalf shal l have and exercise t h e powers a n d author i t ies heretofore conferred by such wr i t i ng upon any Surveyor or Ass is tan t Surveyor of Roads be ing an officer of t h e Surveyor Genera l ' s D e p a r t m e n t u n d e r and by

v i r tue of t he said last reci ted Act .

4 R No. I I .