Sydney Water Supply Act 1833 No 2a (NSW)

1833. 4 :̂ GUL. IV. No. 1. 377

Sydney Water Supply.

ANNO QUARTO

GULIELM I IT. REGIS.

No. I.

An Act for protecting* from Encroachment and

Damage and for facilitating tlie formation of	—
the Tunnel for supplying with Water the Town and Port of Sydney in the Colony of

New South Wales. {4fJi July, 1833.]

T T 7IIE R E A S a certain tunnel has been in part constrncted. and Preamble.

YV is now in the coarse of formation at the public expense

for the purpose of snpplyini? the toAvn and port of Sydney in the Colony of New South Wales with water from certain lands and lagoons situated in the parish of Alexandria in tlic neighbour­ hood of the said town and it is expedient that all nuisances and obstructions to the said tunnel sliould be prevented or re­ moved and that any individuals whose private lands shall have been or shall be encroached upon in the Ibrmation of the said tunnel should receive a reasonable compensation Be it therefore enacted by Ilis Excellency the G overnor of New South Wales with in the King,

the advice of the Legislative Council thereof That the said tunnel and all such branches thereof as are now or at any future time may be made by means of pipes or other conduits for conveying water from the said lands and lagoons into the said town and through the streets or other parts thereof and all reservoirs basins tanks pumps cocks and other matters or things used for retaining conducting or distributing water from the said tunnel shall be and the same arc hereby declared to be vested in His Majesty Ilis Heirs and Successors for ever.

2.                 And be it further enacted That it shall and mav be lawful Oovemor m.iy

lor any surveyor artmeer servant or other person or persons acting by lamis tiuougirwhicii

or under the authority of the Governor of the said Colony for

purpose aforesaid to enter at all reasonable times in the day-time into	’	’
and upon any lands or tenements by through under or upon wliicli the said tunnel or any conduit branch or pipe or any reservoir basin or tank of or belonging thereto may be most conveniently constructed or laid and to dig cut sink trench or bore into any ground and also to remove take and carry away any soil and also to place and lay any metal wood stones bricdcs earth or other things in upon or hencath the said lands or tenements according as the same may be needful or convenient in the progress and for the purposes of constructing or laying the said tunnel or any conduit branch or pipe or any reservoir basin or tank of or belonging thereto and also at the like reasonable times to enter into and upon any lands or tentments l)y through under or upon which the said tunnel or any conduit branch or pipe or any reservoir basin or tank of or belonging thereto hath been or may hereafter he constructed or laid for the purpose of inspecting cleaning scouring maintaining altering or repairing the same or any part thereof or supplying or keeping the same supplied with water from such lagoons

3 B springs

378' No. 1. 4° GUL. IV. 1833.

Sydney Water Supply.

springs and streams as may be convenient thereto and for that purpose to make and perform or cause to be made and performed in and upon the said lands or tenements all such acts matters and things as shall and may be needful to be made or performed or may be most con­ veniently made or performed in and upon the same And no surveyor artificer servant or other person shall be liable to any action for or by reason of any matter or thing by them or any of them made done or performed in the progress of the said work or by reason of hereafter making doing or performing any such acts as are hereby authorized to be done by them or any of them.

Persons to receive	3. And be it further enacted That if the said tunnel or any
compensation for

encroaclinient upon	branch thereof hath been or shall hereafter be led or conducted
their lands in the	through or under any lands which have been granted to any private
formation of the
tunnel.	person and that such person hath suffered or shall suffer loss or damage upon or near the surface of such lands by reason of any act matter or thing by this Act authorized to bo done or performed it shall be lawful for the Governor of the said Colony upon the com­ plaint of any person that he hath suffered such loss or damage to nominate and appoint one person to be an assessor and for the party complaining to nominate and appoint one other person to be an assessor which two persons shall before they proceed to assess the said loss or damage as hereinafter mentioned nominate and appoint by writing under their hands one other person to be an assessor together with them in case they should happen to disagree And it shall be lawful for the said assessors or the greater part of them to enquire into and hear and determine upon oath (which oath any Justice of the Peace is hereby authorized to administer) the matters of the said complaint and to assess the amount of any loss or damage which hath been or shall be sustained upon or near the surface of any such land by the person so complaining and thereupon the said assessors or the greater part of them as the case may be shall certify under their hands their determination upon the premises which shall be final and conclusive as to the same And it shall be lawful for the said Governor by warrant under his hand to direct that the amount of any loss or damage so assessed and certified shall be paid to the party
Proviso.	complaining by the Colonial Treasurer Provided however that no such complaint or claim for compensation shall be made received or proceeded upon in respect of any act matter or thing heretofore done or performed unless the said complaint or claim shall be made within three calendar months after the passing of this Act and that no such complaint or claim shall be made received or proceeded upon in respect of any act matter or thing hereafter to be done or performed unless the said complaint or claim shall be made within three calendar months after the said act matter or thing shall have been done or performed.

Injuringpipes pumps 4. And be it further enacted That if any person shall injure or

&c. &o.	destroy any pipe pump cock or other thing used in the conducting or distributing of water from the said tunnel or any of the branches thereof or shall cause any filth soil or rubbish to be cast or to flow into the same or any part thereof or shall otherwise injure or obstruct the passage of the water which may be conducted through the same every such person shall on proof that the same was wilfully or negligently done forfeit and pay a sum not exceeding twenty pounds nor less than five pounds and if any person shall unlawfully and
Malicious injury to
tunnel felony.	maliciously break injure or destroy any part of the said tunnel or any of the branches thereof or any public reservoir basin or tank used for retaining water from the said tunnel every such offender shall be guilty of felony and being convicted thereof shall at the discretion of the Court be transported for the term of seven years or be imprisoned

for

1833. GUL. IV. No. 1. 379

Sydueij Water Supply.

for any term not exceeding four years and if a male shall he once twice or thrice publicly or privately whipped (if the Court shall so think lit) in additio]! to such imprisonment.

5. And he it further enacted That it shall not he lawful for any Persons aiipidpi i-

person without the sanction of the Governor or an officer affidori/x‘d by him in that behalf to appropriate to his or her use any water from the said tunnel or any branch conduit reservoir basin tank pipe or pump communicating therewith and if any person shall appropi'iate to his or her use any water from the same without the authority aforesaid h(} or she shall forfeit and pay for every such olfcnce any sum not exceeding twenty pounds nor less than live pounds and it shall be law­ ful for the said Governor to order and direct that any tunnel pipe conduit or pump which may be formed or laid for the pur])ose of appropriating water without the authority aforesaid shall he filled up cut olf or seized as may be most convenient and if any person sliall oj)cn or leave open any cock or otherwise cause the water from the said tunnel or any of the branches pipes reservoirs basins tanks conduits or pumps communicating therewith to run to waste; he or she shall forfeit and j)ay for every suedi offence a sum not exceeding one pound nor less than five shillings.

6. And whereas it is expedient for the better protection of the Nowciis to iic sunk

said tunnel that all persons should Ix' prevented from sinking wells tanĉ of tuiinek

or digging the earth within a certain distance of the same Be it

therefore enacted That from and after the passing of this Act it shall

not be lawlul for any person whomsoever to sink any shaft or well

either to obtain or divert water tlicrcfrom or to dig sink or remove

the earth to a greater depth than six feet on any land whatsoever

within fifty feet of the said tunnel and every p('rson so offending shall

on conviction forfeit and pay for every such oflencc any sum not less Cuuuity.

than ten pounds nor more than twenty pounds and it shall be lawful

for the said Governor to authorize any surveyor artificer servant or

other person to fill up any shaft or well Avhich may have been or shall

hereafter be so dug or sunk and to replace any soil which may have

been or shall hereafter be removed contrary to the intention and pro­

visions of this Act.

7. And be it further enacted That any person who shall As to <)i)structinK

obstruct any surveyor artificer servant or other person or persons in the doing or performing any act matter or thing which such surv(;yor artificer servant or otlicr person shall be authorized to do or ])cribrin under or by virtue of any of the proffisions of this Act shall upon conviction thereof forfeit and pay for every such offence the sum of Penalty,

five pounds.

8 . And be it further enacted That all fines and penalties Eecovoiy of penai-

imposed by this Act shall be recoverable before two or more .Tustittes of the Peace within the said town of Sydney on proof of the offence on the oath or oaths of one or more credible witness or witnesses or on confession of the offender and in (;asc of non-payment the said fines

and ])enalti(‘S shall be levied by distress and salt; of the offender’s goods

and chattels by warrant under the hands of the said J ustices and the overplus (if any) of the money raised after deducting the penalty and the expenses of the distress and sale shall be rendered to the owner and if any person shall leel aggrieved by the summary judgment or Appeal tn (jnmtu-

conviction of any Justices under this Act wherein the sum or penalty shall exceed the sum of five pounds such person shall he entitled to appeal from such judgment or conviction to the Court of General Quarter Sessions to be holden next after the expiration of ten days

from the date of sucli judgment or conviction Provided always that P'oviso.

every such person shall immediately enter into a bond or recognizance to His Majesty His Heirs and Successors in a sum of double the

amount

380 No. 2. 4̂ GUL. IV. 1833.

Census.

amount of tlio j^enalty or judgment incurred to abide tlie judgment of the said Court and to pay sucli costs as to the said Court shall seem reasonable and such judgment shall bo final and conclusive to all intents and purposes.

No certiorari.

9. And be it further enacted That no conviction order warrant

or other matter made or purporting to bo made by virtue of this Act

\ s to informality in quaslicd for waut of form or removed by certiorari or other-

warrant &c.

wise in the Supreme Court and no warrant of commitment shall bo held void by reason of any defect therein provided it be therein alleged that the party has been convicted and that there be a good and valid conviction to sustain the same and where any distress shall be made for levying any money by virtue of this Act the distress itself shall not lie deemed unlawful nor the party making the same be deemed a tres­ passer on account of any defect or want of form in the summons coii- viction warrant of distress or other proceedings relating thereto nor shall the party distraining be deemed a trespasser ah initio on aceount of any irregularity afterwards committed by him but the person aggrieved by such irregularity may recover full satisfaction for the special damage (if any) in an action upon the case.

General issue &c.

10. And be it further enacted That in any action of trespass or upon the case which shall or may be brought against the said surveyor his servants assistants or any other person relating to any entry upon any lands or grounds or to any other act matter or thing made done or performed by him or any of them by virtue of this Act it shall and may be lawful for the defendant or defendants in such action to plead the general issue and give the special matter in evidence any law or usage to the contrary notwithstanding and in case the plaintiff or plaintiffs in such action sliall become nonsuit discontinue his her or their action or have judgment against him her or them the defendant or defendants shall recover double costs of suit.

Appropriation of	11.	And be it further enacted That one moiety of every penalty
penalties.

imposed and recovered under this Act shall be paid if demanded to the person wlio shall first inform and prosecute for the same and the residue to His Majesty His Heirs and Successors for the public uses of the said Colony and the sujiport of the Government thereof.