The Sydney Corporation Act 1857 No 32a (NSW)

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No. XXXVI.

An Act to re-establish a Municipal Council in

the City of Sydney. [18th March, 1857.]

WH E R E A S it is expedient t h a t t he Citizens of t he City of Sydney should be again incorporated and t h a t a Munic ipa l Counci l should be re-established in t h e said City instead of " The Commissioners
for t h e City of S y d n e y " Be it therefore enacted by t h e Queen ' s Mos t
Exce l l en t Majesty by and wi th t h e advice a n d consent of t h e Legis­

lative Counci l and Legis la t ive Assembly of N e w South W a l e s i n Pa r l i amen t assembled and by t h e au thor i ty of t h e same as follows :—

1. This Ac t shal l commence a n d t ake effect on a n d from t h e
second day of Apr i l one thousand eight h u n d r e d and fifty-seven unless
where otherwise specified.

2. The boundar ies of t he City of Sydney hereinaf ter s tyled

" The C i t y " shall be those described in t he Schedule he re to m a r k e d A.

3 . The City shal l for t h e purposes of t he E lec tora l A c t of 1851

and of th i s Ac t be divided in to E i g h t W a r d s which shal l be called respectively Gipps W a r d Bourke W a r d Br isbane W a r d M a c q u a r i e

W a r d Cook W a r d Ph i l l ip W a r d Fitzroy W a r d and Denison W a r d a n d
t h e boundar ies of t h e said W a r d s shal l be those described in t h e
Schedule he re to m a r k e d B .

1.    Al l cit izens of t h e City for t h e t ime being shall be cons t i tu ted

a body corpora te and polit ic by t h e n a m e of " The Mayor A l d e r m e n

and Citzens of t he City of S y d n e y " a n d unde r t h a t n a m e shal l have pe rpe tua l succession a n d be capable in law to sue and be sued in all Cour ts and to t ake purchase a n d hold l and and personal es ta te a n d to g ran t sell alien assign demise and assure t h e same and to do and suffer all acts as a body corpora te unde r a n d subject t o the provis ions of th i s Act a n d shal l have a common seal and upon t h e elect ion of t h e

A lde rmen and Mayor u n d e r t h e provisions of th i s Ac t t h e Corpora t ion

of " The Commissioners for t h e City of S y d n e y " shall be dissolved.

5. Al l persons n a m e d in t h e E lec tora l Rol l for t h e t i m e being

for t h e E lec to ra l Dis t r ic t of Sydney a n d being ra te-payers as here in­ after men t ioned shall be deemed cit izens of t he City a n d shall as such be en t i t l ed to vote at every elect ion of A lde rmen a n d Aud i to r s of t h e

City A n d every citizen shall be ent i t led to vote a t t h e elect ion of A l d e r m e n in every wa rd in respect of which he is qualified b u t

no

in respect of t h a t ward .
citizen shall be ent i t led to vote a t t h e election of Aud i to r s in respec t
of m o r e t h a n one ward .
6. Ra te -payers for t he purposes of th i s A c t shal l be persons
who are in fact a t t he t i m e of c la iming to vote assessed for t h e pay­
m e n t of some City r a t e no por t ion whereof shall a t t h a t t i m e be in
a r rear A n d every person n a m e d in t h e E lec to ra l Ro l l whose qualifi­
cat ion is no t s ta ted the re in to be t h a t of salary lodging or boa rd and

lodging shall prima facie be deemed a ra te -payer A n d no bal lot paper shall be p repared as hereinaf ter ment ioned for the use of any person whose qualification is s ta ted to be only t h a t of salary lodging or board a n d lodging.

7. Al l citizens unless disqualified as hereinaf ter ment ioned shal l be eligible to be A l d e r m e n a n d t h e n u m b e r of A lde rmen of t h e said City shal l be s ixteen of whom two shall be Alde rmen of each of t h e said e ight wards to be elected by the citizens out of the i r own body in m a n n e r hereinafter men t ioned a n d every citizen if o therwise

qualified m a y be elected A l d e r m a n for any ward a l though n o t qualified

8. Eve ry A l d e r m a n shall be eligible to be Mayor of Sydney to

bo elected in m a n n e r hereinafter men t ioned by the A l d e r m e n from

amongs t the i r own body.

9.    The M a y o r and Aldermen shall toge ther be a n d be called t h e

" M u n i c i p a l Council of Sydney " and every th ing done in accordance wi th th i s A c t by or against or in any way affecting such Counci l hereinafter styled " The Counc i l " shall be and operate as if done by or agains t or affecting t he Corporat ion hereby established A n d service of not ice of all legal proceedings a n d process u p o n t he Mayor or Town Clerk shall be good service on t he Council .

10. E x c e p t as here in otherwise enacted al l t he powers au thor i ­

ties privi leges immuni t i e s and dut ies vested in and imposed upon t h e former Munic ipa l Council of t he City or t h e said Commissioners for t h e City of Sydney hereinafter styled " T h e C o m m i s s i o n e r s " by t he several Ac ts of Council reci ted in t he Schedule here to m a r k e d C or any o the r Ac t of Counci l so far as t he same are respectively now in force re la t ing to t he City a n d the concerns thereof and the good ru le and gove rnmen t thereof shall bo hereby t ransferred to and vested in and m a y be exercised and enjoyed and shall be performed by the Counci l and wherever t he Commissioners the i r Secretary or o ther officers a re n a m e d in any of the said Acts such Acts shall be read and const rued so far as t h e contex t will admi t and except as here in otherwise enacted as if t he Counci l t h e Town Clerk or as near as m a y be t h e o ther cor­ responding officers of t he Council had been the re in named and all the provisions now in force of t h e said several Ac ts and conta ined in t he Schedules there to and u n t i l repealed or a l tered by the Council all rules regula t ions and by-laws duly m a d e t h e r e u n d e r a n d now in force shall

mutatis mutandis be as b ind ing upon all persons affected the reby or

to w h o m t h e same m a y in any m a n n e r apply as if such provisions were conta ined in and such rules regula t ions and by-laws were duly

m a d e u n d e r or by v i r tue of th is Ac t .
1 1 . Al l p roper ty whatsoever vested in or held in t ru s t for t h e

Commissioners shall be t ransferred to and vested in or held in t r u s t for t he Counci l a n d all moneys due and owing by to or on account of t he Commissioners shal l be recoverable by or from t h e Counci l and all con t rac t s ag reemen t s mor tgages bonds covenants and securit ies made or en te red in to wi th and in favour of or by or for t he Commissioners or any person on the i r behalf shall t ake effect a n d m a y be proceeded on a n d enforced by agains t a n d wi th reference to and in t h e n a m e of t he Counci l as fully in all respects as t hey m i g h t have

been by against and w i t h reference to t he Commissioners if th i s A c t
had not been passed.

12. Eve ry act ion suit prosecut ion or o ther proceeding what ­ soever commenced by or agains t t he Commissioners m a y wi thou t change of par t ies suggest ion or any other a l tera t ion of any p leading or record or otherwise be cont inued and shall t ake effect in favour of or aga ins t t he Council and all decrees and orders duly m a d e and al l fines a n d penal t ies lawfully imposed a n d incur red and all ra tes duly m a d e or so m u c h thereof as shall no t have been levied and recovered may bo enforced levied recovered and proceeded for by and in t h e n a m e of t h e Counci l in l ike m a n n e r as they could have been enforced levied reco­ vered a n d proceeded for by and in t h e n a m e of t he Commissioners if

th i s A c t h a d no t been passed.
13 . Every person be ing a J u d g e or Cha i rman of any Cour t of

J u s t i c e or ho ld ing any office or place of profit u n d e r t h e Crown or in t he gift or disposal of t h e Council or be ing an Officer on full pay in the Nava l or Mi l i ta ry Service or be ing direct ly or indirect ly by himself or his pa r tne r engaged or interested in any cont rac t or employment wi th by or on behalf of the Council or being of unsound m i n d shall be

disqualified

disqualified from being an A l d e r m a n B u t th is enac tmen t shall n o t disqualify any ci t izen by reason of be ing a propr ie tor or shareholder

of any jo in t stock company con t rac t ing wi th t he Council .

14. Every person who be ing Mayor or an A l d e r m a n or an Aud i to r u n d e r th is A c t shall cont inue to be or shall become directly or indi rect ly by means of pa r t ne r sh ip wi th any other person or otherwise howsoever wilfully or knowingly engaged or in teres ted in any cont rac t or ag reement or employment w i th by or on behalf of t h e Counci l except as propr ie tor or shareholder of any company con t rac t ing as aforesaid shall be liable to a pena l ty of any sum not exceeding one h u n d r e d pounds a n d not less t h a n fifty pounds and shall be for seven years thereaf ter disqualified from ho ld ing any office in or unde r t h e Counci l .

15. U n t i l t h e Elec tora l Roll for t he Electora l Dis t r ic t of Sydney

shall be made and completed according to t he new division of wards u n d e r th is A c t t h e A lde rmen for Cook a n d Fitzroy W a r d s respectively shal l be elected by t h e citizens of Cook W a r d according to i ts p resen t boundar ies and in l ike m a n n e r t he A l d e r m e n for Phi l l ip and Denison

W a r d s respect ively shall be elected by t h e citizens of Ph i l l ip W a r d

according to i ts present boundar ies .

16. O n the t e n t h day of Apr i l nex t t h e citizens shall in t he respect ive wards subject as last aforesaid elect two fit and proper persons to be A lde rmen for each of t h e wards described in t he said Schedule B and on t h e first day of December following and on t h e l ike day in every succeeding year e ight A lde rmen being one for each ward shal l go out of office and a n election shall be holden in the i r respective wards to supply t he vacancies t h u s occasioned and any A l d e r m a n so going out of office shall be capable of be ing t h e n re­ elected if no t disqualified.

17. A t the i r first qua r t e r ly mee t ing t h e Counci l shall de termine

by lot t h e e ight A lde rmen first to re t i re from office a n d in every succeeding year t h e e ight A lde rmen to go out of office shal l be those who have been longest in office.

18 . The first election of A l d e r m e n shall be holden before t he

Sheriff of t he Colony and such o the r officers as he m a y appoin t a n d all subsequent elections shall be holden before the Mayor and such A l d e r m e n or o ther persons no t be ing candidates as he m a y appoin t to be o ther Pres id ing Officers and t h e vo t ing at every such elect ion shall commence a t n ine o'clock in the forenoon a n d shall finally close a t

four o'clock in t h e afternoon of t h e same day.
19. A t every election of A l d e r m e n the R e t u r n i n g Officer whe the r

t h e Sheriff or Mayor m a y cause such booths to be erected or rooms to be h i red in each ward as occasion may requ i re for t a k i n g t h e poll and m a k e such a r r angemen t s for t h e convenience of t h e voters as he

m a y deem expedient a n d shal l appoin t a Pol l ing Clerk or Pol l ing

Clerks for every such pol l ing place Provided always t h a t no elect ion shall be holden in any church chapel or other place of publ ic worship .

20. I n case t h e R e t u r n i n g Officer or any Pres id ing Officer shal l

be prevented from a t t e n d i n g any of his duties by i l lness or o ther sufficient cause it shall be lawful for h i m by wr i t ing u n d e r his h a n d to appoin t a subs t i tu t e to act for h im which subs t i tu te shall t he reupon

for t h e t i m e be ing have all t h e power a n d au tho r i t y of his pr incipal .

2 1 . On and after t he seventh and u n t i l t h e hou r of twelve

o'clock a t noon of t h e t h i r d day nex t before any election of A l d e r m e n any two ci t izens qualified to vote wi th in any par t icu la r ward may by wr i t ing s ta t ing the i r residences respectively nomina te to t h e R e t u r n i n g Officer for election in t ha t ward any other citizen or two cit izens as t h e case may be b u t no more A n d on the two days n e x t before t h e

election and on t h e day of elect ion t he r e shall be publ ished u n d e r t h e

h a n d

hand of t h e R e t u r n i n g Officer in one or more newspapers of t h e City a list of t h e names and residences of all cit izens so nomina ted specifying the i r wards a n d t h e names and residences of the i r proposers respec­ t ively A n d none h u t persons so nomina ted shal l he capable of be ing elected a t such election Provided t h a t u n t i l t he Elec tora l R o l l shal l be completed according to t he new division of wards t h e ci t izens for Cook W a r d accord ing to i ts p resen t boundar ies m a y so nomina te t h e A l d e r m e n for Cook and Fi tzroy W a r d s respectively and t h e ci t izens for Phi l l ip W a r d according to i ts present boundar ies m a y so nomina te

t h e A lde rmen for Ph i l l ip and Denison W a r d s respectively.

22. E v e r y person so nomina t ed or any citizen on his behalf or

in h i s absence any citizen by whom h e was nomina t ed m a y appoin t
one person to be Scrut ineer a t t h e election a n d every such Sc ru t inee r

shal l before ac t ing m a k e and subscribe in t h e presence of t h e Pres id­ i ng Officer of the wa rd a declarat ion in t h e form of t h e Schedule

here to m a r k e d D.

23 . A t every pol l ing place the re shal l be provided and set apa r t a separate bal lot-room or c o m p a r t m e n t with wr i t i ng mater ia l s in to which no person m a y enter or r emain except t he Pres id ing Officer t he Pol l Clerk every Scrut ineer so appoin ted and any elector while p r epa r ing his bal lot paper as hereinafter provided b u t no longer A n d every person otherwise t h a n as aforesaid wilfully en te r ing or r emain ­ ing in such room shall be gui l ty of a misdemeanor and may be forth­ w i t h given in to custody and dealt w i th according to law.

24. Before and in t ime for every such election t h e R e t u r n i n g

Officer shal l cause to be p r in t ed for each ward ballot papers according to t he form of t h e Scheelule here to m a r k e d E and also papers contain­ ing the declarat ion set for th in t h e Schedule here to marked F And

the R e t u r n i n g Officer shall on t he m o r n i n g of t he day of elect ion hu t

no t sooner deliver to t h e Pres id ing Officer of each w a r d so m a n y of such bal lot papers signed by himself on t he back thereof by means of a s t amp or otherwise as shall be equal to t h e n u m b e r of enrol led electors for such ward b u t omi t t ing the n a m e of every person whose s tated qualification is only t h a t of salary lodging or board and lodging and shall s ign in l ike m a n n e r and keep for himself a l ike sufficient n u m b e r for t h e ward at which he is to preside.

25. The R e t u r n i n g Officer shall provide for each pol l ing place

a bal lo t box w i t h an opening sufficient to receive papers folded as hereinaf ter men t ioned A n d such box be ing previously locked by

the R e t u r n i n g Officer w i t h t h e only key which shall be kep t by himself
shal l be placed on a table before t h e Pres id ing Officer A n d every elec­

tor on app ly ing to vote after hav ing made and signed the declarat ion last aforesaid in the presence of the Pres id ing Officer or some person appointed by h im for t h a t purpose shall receive one of t h e ballot papers signed as aforesaid which he shall car ry in to t h e bal lot room aforesaid and shal l the re s t r ike t h r o u g h the names of all persons so nomina ted except of t he persons or person for whom he in tends to vote and then fold u p t h e same so as to conceal t he in ter ior a n d disclose only t he R e t u r n i n g Officer's n a m e so signed upon the back A n d shall t hen r e t u r n to t he pol l ing table and the re openly in t he presence of the; P res id ing Officer Pol l Clerk and Scrut ineers p resen t deposit such bal lot

paper in t h e bal lot box Provided t h a t in t h e case of any elector who
is b l ind or cannot wr i te t he declarat ion shall be read over to h i m and
his verba l assent the re to be ing obtained t h e Pres id ing Officer or Pol l
Clerk shal l wr i t e such elector 's n a m e in t h e elector 's s igning place and
at test t h e same unde r his own n a m e and h a n d A n d such signature;
a n d a t tes ta t ion shall b ind such elector to such declarat ion and to all

t h e consequences thereof if false A n d such Pres id ing Officer or Po l l Clerk shall also if such elector canno t read s t r ike t h r o u g h upon such

bal lot

ballot paper t h e names of all persons so nomina ted except such as t h e elector shal l declare h is in ten t ion of vot ing for Provided also t h a t

before any bal lot paper shal l be deposited in t he box t h e Pres id ing
Officer or Pol l Clerk shall u p o n a certified copy of the Elec tora l Roll
m a k e a m a r k agains t t he n a m e of t h e person t h e n vo t ing which shal l
be pr ima facie evidence of t h e ident i ty of such voter w i th t h e person
whose n a m e shall be so m a r k e d on the Elec tora l Rol l and of t h e fact
of his h a v i n g voted at such election.
26. N o i n q u i r y shall be pe rmi t t ed from any person app ly ing to

vote who shall duly m a k e as aforesaid t he declarat ion hereby requi red A n d every person wilfully m a k i n g such declarat ion falsely shal l be and be deemed gui l ty of per jury and be liable to be deal t wi th accordingly.

27. Excep t as hereinafter provided t h e R e t u r n i n g Officer shall

no t vote Prov ided t h a t in t he event of t h e n u m b e r of votes be ing upon final examina t ion found equal for any two or more candidates any of w h o m would if no such equal i ty existed have been found elected t he R e t u r n i n g Officer shall have a east ing vote and declare in wr i t ing which of such candidates shall be declared to be duly elected.

28.    E a c h Pres id ing Officer shall immediate ly on the close of t he

poll t r ansmi t t o t h e R e t u r n i n g Officer t he ballot box still locked and

shall also send carefully sealed u p the Elec tora l Rol l m a r k e d a t his pol l ing place signed by h im and the Pol l Clerk t he remainder of t h e bal lot papers delivered to h im by t h e R e t u r n i n g Officer and not used and all bal lot papers proffered b u t no t allowed to be deposited and all declarat ions so signed as aforesaid A n d also all books kept by h i m d u r i n g t he poll ing wi th an exact s t a t emen t of the n u m b e r s of electors

who have voted t h e n u m b e r of bal lot papers originally delivered to
h im the n u m b e r thereof used and t h e n u m b e r left unused and r e tu rned
A n d such s t a t emen t shall be signed by himself and the Pol l Clerk a n d
verified by t h e s ignatures of t h e Scru t ineers t h e n present .
29. The R e t u r n i n g Officer shall immedia te ly after receiving the

bal lot boxes and sealed u p documents and papers aforesaid for each

ward place t h e same in a chest for t he purpose provided wi th e ight

different locks a n d t h e R e t u r n i n g Officer and o ther P res id ing Officers
shall lock t h e said chest wi th eight keys which shall be k e p t by them­
selves respectively u n t i l t he day n e x t after t h e election w h e n the

whole con ten ts of t h e said chest shall in t h e presence of such of t he

Scrut ineers as m a y t h e n a t t end be examined a t a place and t ime

whereof publ ic not ice shall have been previously given and t h e resul t of t he election ascer ta ined therefrom by t h e said officers or t h e

major i ty

of t h e m

and

t h e

R e t u r n i n g Officer

shal l

on t h e t hen

nex t

day declare by adver t i sement in t he Government Gazette to be
publ ished exclusively for t h a t purpose and in one or more daily Sydney newspaper which of t h e said persons so nomina ted are duly elected Alde rmen of the several wards .

30. N o elect ion u n d e r th i s Ac t shall be liable to be quest ioned

by reason of any defect in t he t i t le or any w a n t of t i t le of any person by or before w h o m such election shall have been holden if such person shall have real ly acted a t such election nor by reason of any formal er ror or defect in any declarat ion or other i n s t rumen t or in any publi­ cat ion u n d e r th i s Act or in tended so to be or by reason of any such

publ ica t ion be ing out of t ime .
3 1 . N o advan tage shall be t aken of t h e inval idi ty of any elec­
t ion u n d e r th i s Ac t in any act ion or suit wh ich m a y be b r o u g h t by or
agains t t he Counci l b u t every such act ion or suit shall be t r ied as if
no such objection existed.
32. On t h e t h i r t e en th day of Apr i l nex t and on t h e n i n t h day

of December following and on t h e l ike day in every succeeding year

the

the A lde rmen shall assemble a t noon wi th in t h e premises occupied as a Town H a l l t h e doors of t h e same be ing closed against all o ther per­

sons except t h e Town Cleric or person ac t ing as such a n d shal l t h e n
and t h e r e elect one of the i r own body to be Mayor of t h e City A n d

the first M a y o r shall en te r on office on the day n e x t after his election and continue in office u n t i l his successor shal l en ter on office and every future M a y o r shall en te r on office (except upon any ex t raord i ­

na ry vacancy) on t h e first day of J a n u a r y nex t following his election
and shall r e t i r e a t t h e end of t he year Provided tha t n o t h i n g here in
conta ined shal l p reven t t he re t i r ing Mayor from be ing re-elected wi th
his own consent if still duly qualified.

33 .    The M a y o r shall be ex officio a J u s t i c e of the Peace in a n d

for t h e Colony d u r i n g his cont inuance in office and shall have prece- dence in all Munic ipa l proceedings and in all Magis te r ia l Cour t s wi th in t h e City except Cour ts of Q u a r t e r Sessions and shall r a n k nex t after t he Member s of t h e Legis la ture on all o ther occasions a n d at all

o the r places w i th in t h e City.

34. On the seventeenth day of Apr i l nex t and on the fifteenth day of December following and t h e l ike day in every succeeding year t h e citizens shall elect two fit and proper persons qualified to be b u t no t actual ly being Alde rmen to be t he Aud i to r s of t he City and t h e Aud i to r s first elected shall en ter on office on the day nex t following the declara t ion of thei r election and shall hold office only un t i l the i r successors shal l en te r on office and all future Aud i to r s shall (except upon any ex t raord ina ry vacancy) en te r on office on the first day of J a n u a r y n e x t following the i r election and shal l con t inue in office for one year

a n d shall t h e n go out of office; b u t be capable of be ing re-elected if
still duly qualified.

35 . On and after the seventh and un t i l t he hou r of twelve a t noon

of t he t h i r d day n e x t before any election of Audi to r s any two cit izens
m a y by wr i t i ng s ta t ing the i r residences respectively nomina t e to t he

R e t u r n i n g Officer for election any o ther citizen or two citizens as t h e case m a y be b u t no more and on t h e two days n e x t before t h e election and on t h e day of election t he r e shall be publ i shed u n d e r t h e h a n d of t h e R e t u r n i n g Officer in a t t h e least two newspapers of the; City t he n a m e s a n d residences of all cit izens so nomina ted and of the i r proposers respect ively a n d no person not so nomina ted shall be elected a n Audi to r .

36. I n every election of Audi to rs t h e citizens ent i t led to vo t e
major i ty of votes in t he whole of t h e wards collectively and the shall proceed in t h e same m a n n e r as for t h e election of A lde rmen t h e persons elected shal l be those for w h o m the re shal l appear to be a b u t

R e t u r n i n g Officer shall declare t he resu l t of every such election wi th in two days after t he hold ing thereof.

37. The a m o u n t of expenses incur red in t h e first election of Aldermen and Aud i to r s unde r th i s A c t shall be certified unde r t he hand of t h e Sheriff and shall be paid and discharged out of t h e Consolidated Revenues of the Colony by w a r r a n t unde r t h e h a n d of t he Governor directed to the Colonial Treasure r and shall be repaid to t he Colonial T reasu re r by t he Mayor and Alde rmen first elected out of t h e first moneys received by t h e m by v i r tue of th is Ac t .

38. I f any ex t raord inary vacancy shall be occasioned in the office of A l d e r m a n or Aud i to r t he citizens ent i t led to vote shall upon a day to be fixed by the Mayor and of which the Mayor shall give due notice by adver t i sement in t h e Government Gazette and in one daily or o ther newspaper of t h e City elect ano ther citizen to supply such vacancy who shall hold such office; un t i l the t ime w h e n his predecessor would have gone ou t of office when he shall go out of office b u t shall be capable of immed ia t e re-election if still qualified.

4 L — V O L . 4. 39.

39. In case any ex t raord ina ry vacancy shall be occasioned in t h e office of Mayor du r ing any year t he Alde rmen of t h e City shal l wi th in t e n days from the occurrence of such vacancy after not ice from the Town Clerk elect out of the i r own body another person to be

Mayor of t he City for t h e r ema inde r of the t h e n cu r ren t year .
40 . I f from any cause t he election shall no t in any ward t ake

place on t h e day appoin ted for t he same it shall s tand adjourned u n t i l t he same day of the following week of wh ich th ree days previous not ice shall be given by t h e R e t u r n i n g Officer in t h e Government

Gazette and in one or more of t he Sydney newspapers and in any

such case occurr ing after t he first election t he Alde rmen going out of

office shall cont inue in office u n t i l after such adjourned election.

4 1 . F o r t h e purpose of p r even t ing br ibery and corrupt ion all

t h e acts enumera ted as acts of br ibery a n d corrupt ion in t h e forty- seventh section of t h e Elec tora l Ac t of 1851 shall be deemed to be acts of br ibery and cor rupt ion wi th reference to all elections u n d e r th is Ac t a n d every person whatsoever gui l ty of any such act shall be deemed gui l ty of a misdemeanor A n d t h e acts of all au thor ized agents of a candida te shall be held to be acts of the i r pr inc ipa l if i t be proved t h a t such acts were commit ted wi th his consent.

12. I f any person who shall have or claim to have any r igh t to vote in any election of Mayor A l d e r m a n or Aud i to r u n d e r th is Ac t shall ask or t ake any money or other r eward by way of gift loan or o ther device or agree or cont rac t for any money gift office employment or o ther r eward whatsoever to give or to forbear to give his vote in any such election or if any person by himself or by any person employed by h i m shal l by any gift or reward or by any promise agreement or securi ty for any gift or reward co r rup t or p rocure or offer to cor rup t or p rocure any person to give or to forbear to give his vote in any such election such person shall for every such offence forfeit the s u m of fifty pounds to be recovered wi th full costs of suit by any one who

shall sue for t he same in any competen t Cour t .
43 . N o person shall be m a d e l iable t o any incapaci ty disabili ty

forfeiture or pena l ty by th is Ac t imposed in any of t h e cases aforesaid unless t h e act ion or prosecut ion be commenced wi th in th ree m o n t h s after such incapaci ty disabili ty forfeiture or pena l ty shall be incur red .

44. Every person who shall vote or offer to vote a second t ime
a t t he same election for any Aud i to r or who shall vote or offer to vote

a second t ime in t h e same ward a t t he same election for any Alder­

m a n or who shall vote or offer to vote in or for any ward in respect
of which he is no t qualified or who shall personate or offer to persona te
a n y other person for t h e purpose of vo t ing at any such election

shal l be gui l ty of a misdemeanor .

45 . N o person elected as Mayor A l d e r m a n or Audi to r unde r

t h e provisions of th i s Ac t shall be capable of ac t ing as such un t i l he shal l before a J u d g e of t h e Supreme Cour t have t aken t he oa th of al legiance to H e r Majesty and have made and subscribed a declarat ion in t he form of the Schedule here to annexed m a r k e d G.

46. Eve ry person duly qualified and duly elected to t h e office oath of al legiance and m a k i n g and subscr ib ing t h e declarat ion here­ inbefore men t ioned wi th in five days after not ice of h is election or shal l in l ieu thereof pay to t he Council a fine of one h u n d r e d pounds in t he case of Mayor a n d a fine of fifty pounds in t h e case of A l d e r m a n or Audi tor and such office shal l t he r eupon be deemed vacan t and shall be filled u p by a fresh election.

of Mayor A l d e r m a n or Aud i to r shall accept such office by t a k i n g t h e
47. Provided t h a t no Min i s te r of any religious denomina t ion
and no person disabled by deafness bl indness or o ther p e r m a n e n t
infirmity

infirmity of body no r any person above the age of sixty-five years or who shall have a l ready served such office wi th in five years n e x t before t he day on which he shall be so elected or shall have paid the fine for not accep t ing such office wi th in t h e same period nor any Member or Officer of t he Legis la t ive Counci l or Legis la t ive Assembly shal l be l iable to any fine or pena l ty for neglec t ing or refusing to serve as

M a y o r A l d e r m a n or Audi to r .

48 . Eve ry person elected in to any corporate office unde r th i s

A c t m a y at any t i m e res ign such office and t h e res ignat ion shall be
held to be comple te f rom the date of i ts be ing received by t h e Town

Clerk or person ac t ing as such Provided t h a t t he person so res ign ing shal l be liable to t h e same penal t ies as he would have been l iable to pay for non-acceptance of t h e same office unless he shal l become en t i t l ed to claim exempt ion f rom paymen t of any such fine or from accept ing or serving such office unde r any provision here in contained.

49. A n y person hold ing the office of Mayor A lde rman or Aud i to r of t h e City hav ing his es ta te placed u n d e r sequest ra t ion as insolvent unde r or t a k i n g the benefit of any A c t for t he relief of insolvent debtors or compounding wi th his creditors or be ing absent from the City if M a y o r for more t h a n two m o n t h s or if an A lde rman

or Aud i to r for more t han t h r ee m o n t h s a t one t ime (unless in case of

i l lness certified b y a duly qualified medical prac t i t ioner ) shall the reby become disqualified and cease to hold such office and in t h e case of absence shall be liable to t he same fine to be recovered in the; same; m a n n e r as if he had refused to accept such office and the Counci l shall t h e r e u p o n declare such office to be vacant and t h e same shal l be vacan t accordingly b u t every person so becoming disqualified to hold any office on account of insolvency or compounding as aforesaid shall on ob ta in ing his certificate or on p a y m e n t of his debts in full or ob ta in ing a release; from his creditors be capable of be ing re-elected and any person becoming so disqualified on account of absence as aforesaid shall on his r e t u r n to t h e City if no t otherwise disqualified be; also

capable of be ing re-elected to t h e same office.
50. A n y person ac t ing as Mayor A l d e r m a n or Aud i to r for t he

City w i thou t hav ing m a d e the declara t ion hereby required or not be ing duly qualified at t he t ime of m a k i n g such declarat ion or ac t ing in or ho ld ing any such office after he shall cease to be qualified according to t h e provisions of th i s Ac t shall for every such offence forfeit t he sum of fifty pounds to be recovered toge ther wi th full costs of suit by any Citizen who shall sue for t he same wi th in th ree m o n t h s after the;

commission of the offence.

5 1 . Al l proceedings of t h e Council or of any person ac t ing as

Mayor A l d e r m a n or Audi to r shall no twi ths tand ing i t be afterwards discovered t h a t t he r e was some defect in the i r election or t h a t they or any of t h e m were disqualified be as valid as if every such person had been duly elected and qualified to be Mayor A lde rman or Audi to r respectively.

O F F I C E R S .

52. The Council may and shall appoint a Town Clerk a Treasure r an Officer of H e a l t h and such Engineers or Surveyors of the City Collectors workmen and other officers and servants as in the i r discret ion they m a y deem necessary and proper for t h e execution of t h e powers and dut ies hereby vested in t he Council and assign to such officers and servants salaries wages and remunera t ion which shall be in l ieu of all fees perquis i tes a n d other emoluments whatever .

53 . The Officer of H e a l t h so to be appointed shall be a duly

qualified Medical P rac t i t ioner and be subject t o approval by t h e

Governor

Governor w i th t he advice of t he Execu t ive Council and he shal l per ­

form t h e following dut ies w i t h i n t h e City t h a t is to say he shal l ascer ta in t he exis tence and charac ter of diseases especially those deemed epidemic or contagious and point out any nuisances or o the r local causes t end ing to p roduce aggrava te or con t inue such diseases or otherwise injure t he hea l th of t h e i nhab i t an t s and devise a n d recom­

m e n d to t h e City Counci l from t ime to t ime the best m e a n s of
p reven t ing t h e spread of such diseases a n d also t he best m e a n s of
ven t i l a t ing schools lodging-houses and publ ic bu i ld ings w i t h i n t h e
City a n d shal l perform any other dut ies of a l ike n a t u r e r equ i r ed of
h i m a n d once in every q u a r t e r or oftener if r equ i red by t h e said

Council shall repor t to such Council on t h e s ta te of hea l th general ly in t h e City as indicated by t h e presence or absence of such diseases and on t h e means adopted or in progress to p reven t as far as m a y be

the i r recur rence .

54. The word " nuisance " in th i s Ac t or any o ther A c t now in force re la t ing to t h e City of Sydney shall inc lude t he following m a t t e r s A n y premises in such a s ta te as to be a nu i sance or injur ious to hea l th any pool di tch g u t t e r watercourse pr ivy u r ina l cesspool dra in or ashpi t so foul as to be a nu i sance or injurious to hea l th any an imal or t h e carcass of any an imal in such a s ta te or so kep t or left as t o be a nuisance or injur ious to hea l th and any accumula t ion or deposit wh ich is a nuisance or injur ious to hea l th .

55. For t h e prevent ion of doubts i t is he reby declared a n d

enacted T h a t t h e Council shall have power to aba te and remove by themselves or the i r officers or t o cause and compel to be aba ted a n d removed by the owners or occupiers of t h e premises upon or from or in respect of which the nu isance shall exist or have ar isen a n d also to cleanse and keep cleansed or cause and compel to be cleansed aad kep t cleansed by such owners or occupiers every or any such nu i sance as aforesaid and every or any o ther nuisance .

56. N o t h i n g in t he las t two preceding sections shall be con­ s t rued to p reven t or affect prosecut ions by informat ion or ind ic tmen t or any o ther proceeding in respect of nuisances now or hereafter exis t ing which may be abated or made the subject of p re sen tmen t

or prosecut ion a t t he C o m m o n Law.

57. I t shall be lawful for t h e Mayor to suspend from office a t
any t ime any officer or servant of t h e Council who may in his opinion

be gu i l ty of misconduct or neglect a n d if necessary t empora r i ly to

appoin t ano the r officer or servant to fulfil t h e dut ies of t h e officer or servant so suspended and to t a k e securi ty whe re necessary for t h e

faithful discharge of t h e dut ies of such officer or servant d u r i n g his t empora ry appo in tmen t Provided a lways t h a t a t t h e nex t mee t ing of t h e Counci l after such suspension t h e Mayor shall repor t t he m a t t e r t o t h e Council and should t h e officer or servant so suspended be dis­ missed by t h e Counci l no salary or wages shall bo due or paid to h i m from and after t he da te of his suspension a n d every officer or servant so temporar i ly appointed by the Mayor shall hold office and receive r e m u n e r a t i o n (which shall in no case exceed t h a t paid to t h e officer or servant so suspended) only u n t i l t h e Counci l shal l decide w h e t h e r t h e person suspended shal l be re ins ta ted or dismissed a n d a successor be appoin ted in his stead.

58 . W h e n e v e r in consequence of dea th absence or otherwise i t shall no t be possible for any A l d e r m a n or Aud i to r or Town Clerk or any o ther officer or person to perform any du ty which by th is A c t h e is directed to perform it shall be lawful for t h e Mayor to appoin t a n y other A lde rman Aud i to r or person to perform the same and if by a n y similar reason t h e Mayor shall be prevented from per forming a n y

d u t y

du ty imposed on h i m by th i s A c t t h e A lde rmen shall by t he major i ty
of the i r voices appoin t one of themselves to per form i t .
59. The M a y o r A l d e r m e n and Audi to r s shall be ent i t led to

receive for the i r services out of t h e City F u n d s such salaries or
al lowances as t h e Counci l shal l from t ime to t ime determine.

60. E v e r y officer or servant who by reason of his office or employment u n d e r t h e Council may be in t rus t ed wi th t h e custody or control of any moneys shal l give such securi ty for faithfully and duly account ing for all such moneys as t h e Counci l m a y t h i n k sufficient and shall w i th in seven days after hav ing received any moneys or wi th in such shor ter t ime as t he Council m a y appoint pay over the same to t h e Treasu re r a n d shal l also as and w h e n t h e Counci l may direct deliver a l ist s igned by h i m con ta in ing the names of all persons who have neglec ted or refused to pay any sums due by t h e m and shal l when and as requi red by t h e Council m a k e out a n d deliver a t r u e a n d per­

fect account in w r i t i n g signed by h im of all moneys received by h i m

for the purposes of th i s Ac t d is t inguish ing how and to w h o m and for w h a t purpose such moneys have been disposed of and shal l toge ther w i th such account deliver t h e vouchers or receipts for all paymen t s made by h i m a n d pay over to or receive from t h e Treasurer t he balance of such accounts if any and if any such officer or servant shall fail to render such account or to produce and deliver u p such of t he said vouchers and receipts as m a y be in his possession or power or to pay over any such moneys or balance of moneys as aforesaid or if for t he space of five days after be ing t h e r e u n t o requi red he shall fail to deliver u p to t h e Counci l all books papers wr i t ings p roper ty effects m a t t e r s a n d th ings in his possession or power be longing to t he Counci l he shall be l iable on proof thereof before any Jus t i ce of t he Peace and on his still failing or refusing to do t h e act requi red to be commi t t ed to gaol un t i l he shall have done such act a n d if i t appear t h a t he has failed to pay over any such moneys as aforesaid and ho sti l l fails or refuses so to do the Jus t i ce m a y cause t he same to be levied by distress upon his goods and chat te ls and in default of any sufficient distress may commit h im to gaol wi thou t bai l for any t i m e no t exceeding th ree m o n t h s unless

such moneys be sooner paid Provided t h a t upon proof on oath to
any Jus t i ce t h a t t he r e is probable cause for bel ieving t h a t any such
officer or se rvant so charged is abou t to abscond such J u s t i c e may
wi thou t s u m m o n s cause h i m to be for thwi th apprehended upon

w a r r a n t a n d m a y u p o n prima facie proof on oath of t h e charge

requ i re h im to give bai l for h is subsequent appearance to answer t he cha rge Provided t h a t no such proceeding shall relieve any sure ty of

t h e offender from any l iabil i ty whatsoever.
6 1 . The common seal and all char te r s deeds m u n i m e n t s and

records of t he Corporat ion or re la t ing to t h e p roper ty thereof shal l be kep t in such place as t he Counci l shall direct and t h e Town Clerk shall have t h e charge and custody thereof a n d bo responsible for the same.

62. Eve ry person who shall wilfully h inde r or i n t e r rup t or

cause or p rocure to be h indered or i n t e r rup ted t h e Counci l or the i r manage r s surveyors agen t s servants or workmen or any of t h e m in doing or per forming any of the works or in t h e exercise of any of t he powers a n d au thor i t i es hereby author ized or vested in t h e m shall for every such offence forfeit and pay any s u m not exceeding ten pounds to be recovered before any two Jus t i ces of the Peace.

C O U N C I L M E E T I N G S AND P R O C E E D I N G S .

(53. Al l acts hereby author ized or requi red to be done by t h e
Council and all quest ions of ad journment or others shall be done a n d

decided by t h e major i ty of t h e m e m b e r s presen t a t any m e e t i n g duly

held

held t h e whole n u m b e r present a t such meet ings no t be ing less t h a n

six Provided however t h a t if t he r e be no t a q u o r u m present wi th in half an h o u r of t h e t ime appointed for holding any meet ing or if i t should appear a t any t i m e du r ing t h e ho ld ing of any meet ing t h a t t he re is n o t a q u o r u m of member s present t he Mayor or Cha i rman shal l have power to adjourn such mee t ing or in tended m e e t i n g to some other day.

6 1 . The Mayor if present shal l preside a t all mee t ings of t h e

Council and in his absence such A l d e r m a n as t h e m e m b e r s p resen t shall choose shall be Cha i rman and t h e Cha i rman in case of an equal i ty of votes shal l have a cas t ing vote b u t shall not have a n or iginal vote

as a m e m b e r of t he Council .

65. Not ice of t he t ime and place of every in tended mee t ing of
t he Council shal l be given twenty-four hours a t least before such

m e e t i n g and such notice shall be signed by the Mayor except as here­

inafter ment ioned .
66. The Mayor m a y call a mee t ing of t he Council as often as

he shal l t h i n k proper and if t h e Mayor shall refuse or delay to call any such mee t ing after receiving a requis i t ion for t ha t purpose signed by a t least five member s of t h e Counci l such five members m a y call a mee t ing of the Counci l by giving l ike notice as aforesaid s igned by themselves s t a t ing there in t h e business proposed to be t ransacted .

67. I n every case a s u m m o n s to a t t end any mee t ing of t h e

Council specifying t h e business proposed to be t ransac ted shall be left a t t h e u sua l or last k n o w n place of abode of every m e m b e r of t he

Counci l or sent to h i m by post twenty-four hour s at least before such
m e e t i n g and no business shall be t r ansac ted at any such m e e t i n g o ther

t h a n is specified in such notice.

68. There shall be four quar t e r ly meet ings in every year at

which the. Counci l shall meet for t h e t ransac t ion of genera l business
a n d such mee t ings shall be ho lden a t noon on the n i n t h days of t h e
m o n t h s of M a r c h J u n e Sep tember and December and t h e first business
t ransac ted a t t he qua r t e r ly mee t ing in December shall be t he election
of Mayor .
69. M i n u t e s of the proceedings of every mee t ing of t he Council

shall be t aken and being fairly t ranscr ibed in to a book to be kep t for t h a t purpose shall be read a t t h e m e e t i n g immedia te ly succeeding and

shall be signed by the C h a i r m a n of t h e mee t ing at which the M i n u t e s
are read and confirmed.

70. A n y citizen shall be a t l iber ty a t all seasonable t imes on

p a y m e n t of t h e sum of one shi l l ing to m a k e any copy of or t ake any

ext rac t from the M i n u t e Book of t h e Counci l and also to m a k e any
copy or t ake any ex t rac t from any Order of t h e Counci l for t he

paymen t of any money.

7 1 . I t shal l be lawful for t h e Council to appoin t out of the i r

own body such and so m a n y Commit tees e i ther of a genera l or a special n a t u r e and consis t ing of such n u m b e r of persons as they m a y t h i n k

fit Provided always t h a t t he acts of every such Commi t t ee shall be submi t t ed to t h e Council for the i r

approval .

72. Every Commit tee so appoin ted m a y meet and adjourn as

t hey may t h i n k proper b u t no business shall be t r ansac ted a t any

m e e t i n g of Commit tee unless th ree member s be p resen t and a t all meet ings of t h e Commit tee t h e Mayor if a member of such Committee and present shall preside and in his absence such Alde rman as t h e members p resen t shall appoin t shall be Cha i rman and all quest ions shall be de te rmined by a major i ty of t he votes of t h e m e m b e r s presen t and in case of an equal i ty of votes t he Cha i rman shall have a cas t ing vote b u t shal l n o t have an or iginal vote as a member of t h e Com­ mi t t ee .

B O R R O W I N G

B O R R O W I N G M O N E Y .

73 . I t shal l be lawful for t he Counci l to borrow by mor tgage

or otherwise in aid of t he City F u n d for t h e purpose of m a k i n g a n d
m a i n t a i n i n g t h e publ ic s t reets and thoroughfares and for o ther publ ic

improvemen t s w i t h i n t h e said City (exclusive of those re la t ing to t h e sewerage a n d wa te r supply) any s u m or sums of money in addi t ion to those a l ready borrowed n o t exceeding one h u n d r e d t h o u s a n d pounds

in t h e whole and in aid of the Sewerage B u n d to carry ou t t h e sewer­

age of t h e said City in addi t ion to t h e sums al ready borrowed for t h a t purpose any s u m or sums no t exceeding two h u n d r e d thousand pounds a n d in aid of t he Water B u n d for supply ing the City w i t h water in

addi t ion to t h e sums al ready borrowed for t ha t purpose any s u m or

sums n o t exceeding one h u n d r e d and fifty thousand pounds Provided t h a t the p a y m e n t of all such sums al ready borrowed or hereafter to be borrowed for t he several purposes here in ment ioned and the in teres t thereon shall be secured on the ent i re revenues of t h e said Council from whatever source ar is ing and t h a t t he r a t e of in teres t payable thereon shall no t exceed six pounds per cen tum per a n n u m .

74. I t shall be lawful for t he Governor wi th t h e advice of t he Execu t ive Counci l to borrow upon t h e securi ty of t he General Revenue of t he Colony any sum or sums not exceeding in t h e whole inclusive of t h e sums a l ready borrowed t h e amoun t s sanct ioned in t h e second section of the Sewerage A c t of 1853 and t h e first section of t h e W a t e r Act of 1853 and wi th t he sanct ion of t he Legislat ive Assembly to pay over such sums to t he Counci l as t h e same may be requi red by t h e m from t i m e to t i m e and the re -payment of all such sums and the in teres t thereof shall be secured on the en t i re revenues of the Council from

whatever source ar is ing.

75.    U n t i l t he whole pr incipal and in teres t of the moneys a l ready

borrowed a n d hereafter to be borrowed by the Government on t h e secur i ty of t he Genera l Revenue of t he Colony and advanced or to be advanced to t he Counci l on account of t he sewerage a n d water supply be paid off i t shal l be incumben t on t h e Counci l and they are hereby requ i red to t r a n s m i t to t he Colonial Secretary on or before the first day of F e b r u a r y in each year a repor t of the i r proceedings and an account of the i r receipts and expendi tu re duly audi ted by t h e Audi to r s of the City on account of t h e sewerage a n d water supply for t h e preceding year and such repor t and financial s ta tement shall be laid before both Houses of t he P a r l i a m e n t of N e w South W a l e s if t h e n in Session

wi th in t h i r t y days from the receipt thereof and if no t t h e n s i t t ing
wi th in t h i r t y days after the commencemen t of the n e x t ensu ing
Session.

76. E v e r y appl icat ion to t he Supreme Cour t for t h e purpose of cal l ing upon any person to shew by w h a t w a r r a n t he claims to exercise t h e office of M a y o r A l d e r m a n or Aud i to r shal l be made before t he end of th ree calendar m o n t h s after t he election or t h e t ime w h e n the person against w h o m such appl icat ion shall be directed shall become disqualified and not a t any subsequent t ime .

77. If t he Mayor or any A l d e r m a n or Aud i to r of t he City or

t h e Town Clerk or any o the r officer or servant of t he Council shall neglect or refuse to do any m a t t e r or t h i n g which by th i s A c t or any A c t of Counci l t hey are respectively directed to perform such Mayor A l d e r m a n or A u d i t o r respectively shal l for every such offence forfeit and pay the s u m of one hund red pounds and t h e Town Clerk or such o ther officer or servant for every such offence shall forfeit and pay the sum of fifty pounds and every such pena l ty may be recovered with full costs of suit by a n y person who shall sue for t he same wi th in th ree

m o n t h s after t h e commiss ion of t he offence.

78. The powers and dut ies vested in and imposed upon t h e Mayor A l d e r m e n Town Clerk a n d Deput ies and Collectors by t h e Elec tora l A c t of 1851 shall be ves ted in a n d imposed u p o n and be exercised and performed b y t h e corresponding officers a n d persons elected or appoin ted u n d e r t h e provisions of th i s Ac t A n d t h e twen ty -

fifth and twen ty-s ix th sections of the Sydney Corporat ion Abol i t ion Ac t of 1853 shall be repealed.

79. W h e n e v e r any m a t t e r or t i l ing shall by th is Ac t be directed

to be performed on a cer ta in day and t h a t day happen to be Sunday Good F r i d a y or Chr i s tmas D a y t h e said m a t t e r or t h i n g shall be performed on t h e nex t succeeding day.

80. This A c t shall be styled and may be cited as " The Svdney

Corporat ion Act 1857 . "
S C H E D U L E A.

BOUNDARIES OF THE CITY OF SYDNEY.

( R e f e r r e d t o in S e c t i o n 2 . )
T h e space c o n t a i n e d w i t h i n t h e p r e s e n t b o u n d a r i e s of t h e T o w n of S y d n e y as def ined
in a G o v e r n m e n t N o t i c e d a t e d 6 t h S e p t e m b e r 1 8 3 3 a n d p u b l i s h e d in t h e Government
Gazette of the 1 1 t h of t h a t m o n t h to w i t — " B o u n d e d on t h e n o r t h b y t h e w a t e r s of P o r t
" J a c k s o n from a l a n d m a r k a t t h e h e a d of B l a c k w a t t l e B a y t o K u s h c u t t e r ' s B a y on t h e ea s t
" b y a s t r e a m e n t e r i n g R u s h e u t t t e r ' s B a y t o a b r i d g e on t h e S o u t h H e a d Road a t t h e n o r t h -
" wes t " e x t e n d i n g w e s t w a r d c o r n e r of S y d n e y C o m m o n a n d b y t h e w e s t e r n b o u n d a r y of t h a t c o m m o n to a r o a d
to t h e back of C l e v e l a n d H o u s e on t h e s o u t h b y t h a t r o a d a n d i t s
" w e s t e r n fence p r o l o n g e d t o a l a n d m a r k on t h e r o a d t o C o o k ' s R i v e r on t h e w e s t b y t h e
" w e s t e r n s ide of t h e r o a d to C o o k ' s R i v e r a n d t h a t l i n e p r o l o n g e d to t h e l a n d m a r k a t t h e
" h e a d of B l a c k w a t t l e B a y . "
S C H E D U L E B .

WARD BOUNDARIES.

G I P P S W A R D .
( R e f e r r e d t o in S e c t i o n 3 . )
T h e p o r t i o n of t h e C i t y of S y d n e y b o u n d e d b y a l i n e d r a w n from t h e l a n d i n g p l a c e
i m m e d i a t e l y to t h e w e s t of D a w e s ' B a t t e r y a l o n g t h e r o a d l e a d i n g from t h e sa id l a n d i n g
p l a c e t o L o w e r G e o r g e - s t r e e t t h e n c e a l o n g L o w e r G e o r g e - s t r e e t t o C h a r l o t t e - p l a c e t h e n c e
a l o n g C h a r l o t t e - p l a c e a n d C h u r c h H i l l p a s s i n g t o t h e s o u t h of S a i n t P h i l i p ' s C h u r c h t o a
r o a d w h i c h passes i m m e d i a t e l y t o t h e n o r t h w a r d of P e t t y ' s H o t e l a n d a l o n g t h i s l a s t -
m e n t i o n e d r o a d t o t h e spo t w h e r e t h e s a m e w o u l d b e m e t b y t h e p r o l o n g a t i o n of C l a r e n c e -
s t r e e t t h e n c e s o u t h w a r d a l o n g C l a r e n c e - s t r e e t t o t h e s p o t w h e r e t h e s a m e is m e t b y M a r g a r e t -
p lace a n d t h e n c e d o w n M a r g a r e t - p l a c e a n d t h e p r o l o n g a t i o n t h e r e o f t o t h e w a t e r i n D a r l i n g
H a r b o u r t h e n c e a l o n g t h e w a t e r ' s e d g e t o t h e l a n d i n g p lace first m e n t i o n e d .
B O U R K E W A R D .
T h e p o r t i o n of t h e C i t y of S y d n e y b o u n d e d b y G i p p s W a r d f rom D a w e s ' B a t t e r y to
t h e s p o t G e o r g e - s t r e e t w h e r e G e o r g e - s t r e e t m e e t s C h a r l o t t e - p l a c e t h e n c e s o u t h w a r d i n t h e c o n t i n u a t i o n of
to t h e s p o t w h e r e t h e s a m e is c rossed b y K i n g - s t r e e t t h e n c e e a s t w a r d a l o n g
K i n g - s t r e e t a n d t h e p r o l o n g a t i o n of t h e s a m e to t h e w a l l f o r m i n g t h e e n c l o s u r e of H y d e
P a r k B a r r a c k s t h e n c e s o u t h w a r d a n d s u b s e q u e n t l y e a s t w a r d a l o n g t h e sa id e n c l o s u r e of
H y d e P a r k B a r r a c k s a n d t h e s o u t h e r n b o u n d a r y of t h e O u t e r G o v e r n m e n t D o m a i n a n d t h e
p r o l o n g a t i o n t h e r e o f t o a s m a l l s t r e a m w h i c h fa l ls i n t o W o o l l o o m o o l o o B a y t h e n c e a l o n g t h e
sa id s t r e a m to t h e sa id bay a n d t h e n c e a l o n g t h e w a t e r ' s edge t o t h e l a u d i n g p lace s i t u a t e d
t o t h e w e s t w a r d of D a w e s ' B a t t e r y .

B R I S B A N E

B R I S B A N E W A R D .
T h e p o r t i o n of t h e C i t y of S y d n e y b o u n d e d on t h e n o r t h b y G i p p s W a r d f rom
D a r l i n g H a r b o u r to G e o r g e - s t r e e t t h e n c e s o u t h w a r d a l o n g G e o r g e - s t r e e t t o t h e spo t w h e r e i t
is m e t b y D r u i t t - s t r e e t t h e n c e a l o n g D r u i t t - s t r e e t a n d t h e p r o l o n g a t i o n t h e r e o f t o D a r l i n g
H a r b o u r t h e n c e b y t h e w a t e r ' s e d g e t o t h e c o m m e n c e m e n t of G i p p s W a r d .
M A C Q U A R I E W A R D .
T h e p o r t i o n of t h e C i t y of S y d n e y b o u n d e d b y B o u r k e W a r d f rom t h e W o o l l o o m o o l o o
s t r e a m to G e o r g e - s t r e e t t h e n c e s o u t h w a r d a l o n g G e o r g e - s t r e e t a n d a p a r t of Br i ck f i e ld H i l l
t o t h e spo t w h e r e t h e s a m e is c rossed b y L i v e r p o o l - s t r e e t t h e n c e e a s t w a r d a l o n g L i v e r p o o l -
s t r e e t t o t h e spo t w h e r e i t m e e t s t h e b o u n d a r y of t h e p a r i s h of A l e x a n d r i a t h e n c e n o r t h ­
w a r d a l o n g t h e sa id b o u n d a r y t o t h e spo t w h e r e i t t o u c h e s t h e b o u n d a r y of B o u r k e W a r d a t
W o o l l o o m o o l o o B a y .
C O O K W A R D .
T h e p o r t i o n of t h e C i t y b o u n d e d b y B o u r k e a n d M a c q u a r i e W a r d s from t h e n o r t h
e n d of C r o w n - s t r e e t t o t h e s p o t w h e r e L i v e r p o o l - s t r e e t is m e t by E l i z a b e t h - s t r e e t t h e n c e
a l o n g E l i z a b e t h - s t r e e t a n d i t s p r o l o n g a t i o n s o u t h w a r d t o C l e v e l a n d - s t r e e t t h e n c e e a s t w a r d
a l o n g C l e v e l a n d - s t r e e t t o i t s j u n c t i o n w i t h C r o w n - s t r e e t a n d a l o n g C r o w n - s t r e e t n o r t h w a r d
t o t h e s t a r t i n g p o i n t .
F i T Z R O Y W A R D .
T h e p o r t i o n of t h e C i t y to t h e e a s t w a r d of C r o w n - s t r e e t w i t h i n t h e C i t y b o u n d a r i e s .
P H I L L I P W A R D .
T h a t p o r t i o n of t h e C i t y b o u n d e d on t h e n o r t h by M a c q u a r i e W a r d on t h e ea s t b y
Cook W a r d on t h e s o u t h b y C l e v e l a n d - s t r e e t f rom E l i z a b e t h - s t r e e t t o t h e b o u n d a r y of
C o o k ' s R i v e r R o a d t h e n c e n o r t h w a r d a l o n g t h a t r o a d t o P a r r a m a t t a - s t r e e t a n d a l o n g
P a r r a m a t t a - s t r c e t a n d G e o r g e - s t r e e t to i t s j u n c t i o n w i t h L i v e r p o o l - s t r e e t .
D E N I S O N A V A R D .
T h e r e m a i n i n g p o r t i o n of t h e C i t y b o u n d e d on t h e n o r t h - e a s t a n d s o u t h b y B r i s ­
b a n e M a c q u a r i e a n d Cook W a r d s a n d f rom t h e s o u t h - w e s t e r n c o r n e r b y B r i s b a n e W a r d
b o u n d e d b y t h e w a t e r s of D a r l i n g H a r b o u r a n d B l a c k w a t t l e B a y t o P a r r a m a t t a - s t r e e t
o p p o s i t e C o o k ' s R i v e r R o a d .
S C H E D U L E C.
Acts of Council referred to.
14 V i c t o r i a N o . 4 1 — T h e S y d n e y C o r p o r a t i o n A c t of 1 8 5 0 .
1 7 V i c t o r i a N o . S 3 — T h e S y d n e y C o r p o r a t i o n A b o l i t i o n A c t of 1 8 5 3 .
N o . 3 4 — T h e S e w e r a g e A c t of 1 8 5 3 .
N o 3 5 — T h e W a t e r A c t of 1 8 5 3 .
1 8 V i c t o r i a N o . 2 8 — T h e C a r t e r s a n d D r i v e r s A c t of 1 8 5 4 .
,, N o . 3 0 — T h e S y d n e y C o r p o r a t i o n A m e n d m e n t A c t of 1 8 5 4 .
1 9 V i c t o r i a N o . 1 8 — C o m m o n l y k n o w n as t h e S y d n e y P a v i n g A c t of 1 8 5 5 .
„ N o . 2 3 — C o m m o n l y k n o w n as t h e C i t y C o m m i s s i o n e r s ' P o w e r s E x t e n ­
s ion A c t of 1 8 5 5 .
S C H E D U L E D.
S c r u t i n e e r ' s Declaration.
I A. B. a p p o i n t e d on b e h a l f of C. D . o n e of t h e p e r s o n s n o m i n a t e d for e l ec t i on t h i s
d a y as A l d e r m a n for W a r d t o be a S c r u t i n e e r a t s u c h E l e c t i o n do h e r e b y s o l e m n l y
d e c l a r e t h a t I wi l l f a i t h f u l l y ass i s t as s u c h S c r u t i n e e r a n d wi l l n o t a t t e m p t to a s c e r t a i n for
w h o m a n y e l e c t o r s h a l l v o t e n o r b y a n y w o r d or a c t i o n d i r e c t l y or i n d i r e c t l y a i d in d i s ­
c o v e r i n g t h e s a m e u n l e s s i n a n s w e r t o a n y q u e s t i o n w h i c h I a m l e g a l l y b o u n d t o a n s w e r or
i n c o m p l i a n c e w i t h t h e p r o v i s i o n s of t h e S y d n e y C o r p o r a t i o n A c t of 1 8 5 7 .
4 M—VOL. 4. S C H E D U L E
S C H E D U L E E .
Ballot Paper.
Elec t i on of A l d e r m e n or A u d i t o r s o n t h e d a y of 1 8 5
L i s t of C a n d i d a t e s for E l e c t i o n .
F o r W a r d .
N a m e s . A d d r e s s e s .
S C H E D U L E E .
Voter's Declaration.
V o t e r ' s N u m b e r [ ]
I A. B . do h e r e b y s o l e m n l y d e c l a r e t h a t I a m t h e p e r s o n
n a m e d i n t h e E l e c t o r a l B o l l for t h e E l e c t o r a l D i s t r i c t of S y d n e y n o w i n force for
W a r d m y n a m e b e i n g n u m b e r e d t h e r e i n as i n t h e m a r g i n h e r e t o a n d t h a t I h a v e n o t
a l r e a d y v o t e d a t t h i s e l ec t i on i n t h i s [o r a n y o t h e r ] W a r d A n d I f u r t h e r s o l e m n l y d e c l a r e
t h a t I a m a r a t e - p a y e r in t h e sa id W a r d a n d t h a t n o p a r t of a n y C i t y B a t e d u e b y m e is in
a r r e a r .

NOTE.—In elections for Aldermen omit the bracketted words " or any other."

S C H E D U L E G.
Declaration of Office.
I h a v i n g b e e n e l ec t ed M a y o r [ o r A u d i t o r ] for
t h e C i t y of S y d n e y [o r A l d e r m a n for W a r d i n t h e C i t y of S y d n e y ] do h e r e b y
d e c l a r e t h a t I t a k e t h e sa id office u p o n m y s e l f a n d w i l l d u l y a n d f a i t h f u l l y fulfil t h e d u t i e s
t h e r e o f a c c o r d i n g t o t h e b e s t of m y j u d g m e n t a n d a b i l i t y a n d t h a t I h a v e n o t f r a u d u l e n t l y
or c o l l u s i v e l y o b t a i n e d t h e office t o w h i c h I h a v e b e e n e l e c t e d .
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