The Sydney Corporation Amendment Act of 1854 No 30a (NSW)

No. XXX.

Stoney

An Act to repeal certain Sections of the Sydney CoM M ISSIONEliS.

Corporation Act fourteen Victoria niiniher forty-one and to amend the City Corporation Abolition Act seventeen Victoria number tliirty-thrce. [30 /̂i November, 1854.]

"ITT ilEE-EAS it is expedient to repeal certain sections of the Sydney preamble.

f T Corporation Act passed in the fourteenth year of the reig-n of

Her present Majesty Queen Victoria and numbered forty-one and the twentieth section of the Act of Council passed in the seventeenth year of the reign of Her said Majesty and biumhered thirty-three and so much of tlie twenty-fifth section of the last recited Act as relates to the duties (under the Electoral Act of 1851) of the Secretary to the Commissioners appointed under tlic provisions of the secondly recited Act and to make other provisions relative to the matters thereby repealed and to enable the Governor with the advice of the Executive Council to borrow money for the purposes respectively mentioned in “ The Sydney Sewerage Act of 1853 ” and “ The Sydney Water Act of 1853 ” at an increased rate of interest Be it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof as follows;—

1. The seventy-seventh section of the Act of Council called Soc. 77 ofu vic.

“ The Sydney Corporation Act ” passed in the fourteenth year of tin;

I'epeaicd.

reign of Her said Majesty and numbered forty-one shall be and the

same is hereby repealed.

2. It shall he lawful for the Commissioners for the City of Commissioners cm-

Sydney and they are hereby authorized to purchase horses and carts str'Je'tTL̂ri Tev*" or to hire and employ men horses and water carts for the purpose of rates for expenses Avatering any street road place or square in the City of Sydney as to

them may seem expedient and to impose upon the citizens in such street road place or square a rate sufficient to cover the expense of the same in rateable proportion to the amount for nliich they may ht; respectively assessed in addition to any City or other rates and the said Commissioners shall for the purpose of collecting IcAwing and raising

, . the

Iw-'

2876 •No. 30. 18*̂ VIC. 1854.

Sijdney Commissioners.

the rates necessary for this purpose proceed in the same manner and have the same powers and remedies they now or hereafter may have for collecting raising and levying any rates duly imposed by law.

From 31st December 3. Trom and after the thirty-first day of December next the one

115 and̂ iis liundrcd and fourteenth the one hundred and fifteenth the one hun-

scheduie I of l i Vic. drcd and eighteenth clauses and Schedule I of the first recited Act

No. 41 repealed.	gp^ll 1)0 and the samc are hereby repealed.
Commissioners em­

powered to let mar­ 4. The said Commissioners are hereby authorized to lease under

kets or stalls sepa­	and subject to such terms and conditions as they may think fit the
rately.	tolls and dues receivable at the public markets now or hereafter to he established in the said City cither by public auction or tender for any period not exceeding one year or to lease in like manner every stall in such markets separately.
Commissioner may

alter market build­ 5. The said Commissioners may make such alterations in the

ings. buildings or sheds of the said markets or erect such other buildings therein as they may think fit provided that the plan of such buildings or alterations together with an estimate of the probable cost thereof shall he previously submitted to and approved of by the Governor with the advice of the Executive Council.

Commissioners may	G.	The said Commissioners are hereby authorized and empowered
permit sale of other

articles in Hay	to order and direct the sale of vegetables garden produce and otlier
Market.	articles in the market known as the Hay Corn and Cattle Market and to make such by-laws orders provisions and regulations for the sale of such produce and other articles as to the said Commissioners shall seem meet anything to the contrary notwithstanding.

Commissioners em-

7. The said Commissioners shall have full power and authority

establish other markets for the sale of fruit vegetables fish Colonial

tables &c. subject to

sale of fruit vege­	produce or general merchandise in such other part or parts of the said
existing rules.	City as may be considered advisable and any such market when so established l)y notification in the New South Wales Government Gazette shall be subject to the rules and regulations and by-laws of the said Commissioners as fully in all respeets as the markets already established in Sydney Provided that no such notification shall be made unless it shall have first received the sanction of the Governor with the advice of the Executive Council.
force when pub-

By-laws to be in 8. All by-laws to be made under the provisions of this Act or

lisliecl. any other Act of Council shall be valid and eftectual as soon as the same shall have been approved by His Excellency the Governor and notice of such approval shall have been published in the New South Wales Government Gazette anything in the first recited Act to the contrary notwithstanding and a copy of any such by-laws under the common seal of the said Commissioners and certified by their Secretary to be a true copy thereof shall be received as sufficient prima facie evidence thereof in all Courts of Justice and that the same have been approved and allowed according to law.

fiovernor .and Exe- Q. It shall bc lawful for the Govemor Avith the advice of tlie

certain provisions of Exccutive Council TO Dorrow moncy in pursuance oi the provisions oi

may borrow money

17 Vic. 34 and 35 " the second section of “ The Sydney Serverage Act of 1853” and the

at an increased rate first section of “ The Sydney Water Act of 1853 ” at an increased

of interest not

exceeding five

rate of interest for the purposes therein respectively mentioned not

pounds i)er cent, per

exceeding the rate of five pounds per centum per annum or by the

annum.

sale of debentures bearing interest at a rate not exceeding fiA'c pounds

pci- centum per annum.

Section 142 of 14

Vic. No. 41 and 10. Tlie one hundred and forty-second section of the first

sec. 20 of 17 Vic.	recited Act and tlie twentieth section of the secondly recited Act shall
No. 33 repealed.	be and the same are hereby repealed.

Vic. No. 33 repealed

Section 25 of I7tli 11. So much of the tAventy-fifth section of the secondly recited

ami the Shcrilf to Act as relates to the duties of the Secretary to the Commissioners

appoint persons to

perform the .same. appointed under the j)rovisions tliereof shall be and the same arc

hereby

1854.	IS^ VIC.	No. 31.	2877
Sydney Rate.

hereby repealed and the Sherilf of the said Colony shall appoint some

person to perform the duties which by the “ Electoral Act of 1851”

are required to be performed by the Town Clerk of the said City and	,
the person so appointed shall possess the same powers and privileges and be subject to the same duties and penalties as the Town Clerk or Secretary to the Commissioners a})pointed respectively under the pro­ visions of the said recited Acts would have possessed for the samc purposes or would have been subject to if this Act had not been passed.

12.    Tlu! enactments herein contained shall so far as is consistent Enactments hereof

with the contents and subject matter thereof be read construed

ficted upon as if this Act had been incorporated with and had formed cited Act.

parts of the said recited Acts.

13.    The lirst recited Act may bc cited as “ The Sydney Corpora- Titles of Acts,

tion Act of 1851” and the second recited Act as “ The Sydney Corporation Abolition Act of 1853” and this Act as “ The Sydney Corporation Amendment Act of 1851.”