The Sydney Sewerage Act of 1853 No 34a (NSW)

2764 No. 34. ir VIC. 1853.

Sydney Sewerage.

No. XXXIV.

S ydney S ewerage. A ll

A c t 1*01 t l i e b c t t e fSewerage and Cleansing

tlie City of Sydney and portions of the

Suburbs thereof. [31ŝ October, 1853.]

Preamble,

VTT IIEllEAS the City of Sydney and the Suburbs thereof an; at V t present greatly deficient of proper sewers and drains and

other means for effectually draining and cleansing the sanu'. And whereas it is resolved that the necessary works for draining and cleansing the said City and tlu' Suburbs thereof shall he undertaken by Commissioners to which end provision is required to be made by Legislative enactment for the appointmemt of proper officers with suf­ ficient powers and for raising and regulating the expenditure of tlie requisite funds and for other the purposes hereinafter mentioned Be it therefoi’e enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof- as follows:—

14 Vic. No. 33	1. The Act of Council passed in the fourteenth year of Her present Majesty’s reign for the better sewerage cleansing and draining of the City of Sydney and to promote the health of the inhabitants thereof shall he and the same is hereby repealed.
I'cpealed.

Power to bono\v 2. I t sliall hc lawful foi‘ tlic Govcmor with the advice of the

GeSi”Revenu/of Exccutivo Council to borrow from the Savings’ Bank of New South the Colony. Walcs Or if need he from any other body or any person or persons

upon the security of the General Bevenues of the Colony at a rate of interest not exceeding four per centum per annum any such sum and sums of money not exceeding in the Avholc the sum of two hundred thousand pounds as shall from time to time he required for carrying this Act into execution and all such sums shall be paid over to the Commissioners for the City of Sydney as the same may be required and shall he by them placed to the credit of a separate fund for defraying the cost of the scAverage of the said City and Suburbs and all such sums so borrowed shall be a charge upon the sCAverage rates of the said City.

Kxpenditme to be

3. The entire expenditure of moneys upon the said works and otherAviso in carrying out the purposes of this Act (except in respect of sums aAvarded by competent authority as compensation or damage^s for any loss or injury sustained by any person in or by the execution of this Act and the taxed costs of the action or issue in or under Avhich such compensation shall lia e been aAvarded) shall be subject to tlie control of the Legislative Council and shall be regulated by Votes and Acts of the said Council in the same manner as the ordinary public

Legislative Council.

under control of

Receipts of Cominis- expenditure of the Colony and accounts of all income and revenues

toTxaminatLr''̂ '’'̂ '̂ * Avhatsocvcr I'ccei ed by the said Commissioners in relation to the Avorks the Council. to be executed under tliis Act and of the expenditure thereof shall be

annually laid before and shall be subject to examination by the said Legislative Council in the same manner as if the same were a part of tlu; General ReA'enues of the said Colony.

Commissioners to	4. The Commissioners for the City of Sydney to bo appointed “ An Act to dissolre the Corporation of the City of Sydney and “for the appointment of Commissioners in lieu thereof for a limited “ period ” sliall be Commissioners for the sinverage cleansing and draining IIk' said City and tlie Suburbs tbereof and for carrying into effect the whole of the purposes of this Act.
executing the pur­	by virtue of the Act passed in the present Session of Council intituled
poses of this Act.

be appointed for

.5.

1853. ir VIC. No. 34. 2765

Sydney Sewerage.

5. The said Commissioners shall as soon as conveniently may survey'of mea of

h(i (!ause to he made or completed a survey of the area -within the p„tpo\°es o"sawerage

limits of the said City and of sueh portions of the Suburbs thereof as and drainage

they may think necessary to include in such survey for the purposes

ol‘ sewerage and drainage under this Act and a map or maps and maps tiiereof

thereof on such scahi or respective scales and with such indications	ot levels
of levels and particulars of sewers and underground works and of
the surface as the said Commissioners shall think necessary or ex­
pedient for the purposes of this Act and the said Commissioners

may cause such map or maps or any part thereof to be from .

time to tinui copied engraven and published as they may think proper and the said Commissioners shall Irom time to time cause such map or maps to be revised and such additions made thereto as may shew the new sewers and drains and the new streets roads houses or other alterations and the date of revision shall be expressed therein and every such map shall be kept in the office of the said Commissioners to i>e kept in tim

and the same or a copy thereof shall be open at all seasonable times to the inspection of tlie owners or occupiers of any lands or houses within the limits of the said City or of such Suburbs thereof.

G. The said Commissioners shall and may make regulations for Power of tko Com­ all or any of the purposes following that is to say for regulating in "egulatTnVim-Tim regard to drainage the plans level surface inclination and the materials pmposca herein

of the pavement and roadway of public or private streets highways

roads ways footpaths lanes passages and places and the plans and

level of sites for building and for regulating the drainage of roads and

streets into their sewers for regulating the dimensions form and mode

of construction and the materials and the keeping cleansing and

repairing of the; pipes drains and other means of communicating with

sowers and the traps and apparatus connected therewith for the	'
emptying cleansing closing and tilling up of cesspools and privies and
for such other works of cleansing and of I’cmoving and disposing of
rcd'use as tlu; said Commissioners are authorized to perform or require
for r(;gulating the form of contracts with the said Commissioners and
gcn(;rally for carrying into elFect the purposes of this A(;t Provided
tliat all such regulations shall before the same shall l)e in force be laid
before the Governor and Executive; Council and be by them approved

and that the same shall be laid before the Lemslativc; Council if then

’

in Se'ssion within one month after the making thereof and if not then

within the first month of the next ensuing Session thereof.

7.               I t shall be laAvful for the said Commissioners at any time Commissioners may

oi‘ l imes and they are hereby authorized and cmpowei-ed by themselves «®wers &c.

their agents workmen and servants subject to the j)rovisions herein­ after contained to make and construct any sewers or drains of such construction and in such manner as the said Commissioners shall think necessary or proper for carrying the purposes of this Act into execution and in a careful and workmanlilu; manner and subject to and for such purpose

tlie restriction hereafter mentioiuid to break up tlu; soils pitchings and pavmuenth.f

] lavements of any public or private streets highways roads ways foot­

paths lanes passages and places within the said City and Suburbs thereof

and to excavate and sink trenches for the purpose of laying down making

and constructing common sewers or drains therein and to (;ause sueh

■

common sewers or drains to communicate with the sea or any arm thereof or with any stream or public watercourse either within or without the limits of the said City and the Suburbs thereof and also from tinu; to time to open cleanse and riipair such s(;wers or di’ains or alter the ]iosition tlun’i'of and also from time to timiitoraake any drains or sewers from any main sewer or drain into any dwelling-house public or private; building and premises for the purpose of cleansing and draining any such house or other [iremises by means of such sewer or

drains

2766 No. 34. 17*̂ VIC. 1853.

Sydney Sewerage.

and may amend and drains and to do all such othep acts matters and things as they shall repair such sewera. fpom time to time deem necessary and proper for making amending

repairing completing or improving any such sewers and drains or other works to be made done and provided for the purposes of this Act the said Commissioners their duputies surveyors engineers agents servants and workmen doing as little damage as may lx; in the execution of the several powers to them hereby granted and this Act shall be suffi­ cient to indemnify the said Commissioners and their deputies surveyors engineers agents workmen and all other persons whomsoever ibr all

. . acts matters or things they or any of them shall do by virtue hej-eof

goorin7uch™onr̂ Provided always that the said Commissioners shall and they are hereby and pavements and required to build and construct the said sewers in a sufficient and

&c. enectual manner lor accomplishing all the purposes hereby intended

and subject to the restrictions hereinafter mentioned and after laying or removing or altering or repairing any such drains or sewers shall immediately fill in the trenches or excavations and make good tlie

• ground soils pitchings and pavements of any such public or private; streets highways roads ways footpaths lanes and public passages as aforesaid and other damage and remove the rubbish occasioned thereby and shall in the meantime fence or guard the pla(;e or places whore; any ground shall be opened in such manner as to prevent danger or accidents and agreeably in all respects to the provisions in this Aed contained.

Commissioners may

alter cxistingsewers. 8. I t shall he lawful for the said Commissioners to open the ground and to change the level or otherwise amend or enlargi; any sewer or drain lying und(;r any of the public or private streets roads highways footpaths lanes and passages within the said City and the Suburbs thereof for improving or better communicating with the main

Proviso asto injuries gewci’S Or drains Provided always that no person shall by means of

sewers.* " ** any such alteration amendment or enlargement he deprived of the use and enjoyment of any private sewer or drain which he shall he entitled to use but that the said Commissioners shall and they are hereby expressly required so to construct and alter any such private drain or sewer as to render the same as effectual for the purposes for which it was intended as any such drain or sewer may he at the time of sTich alteration.

Commissioners to

cause sewers vested 9. The said Commissioners shall cause the sewers which shall

in them to be	be from time to time vested in them and all private drains and sewers
cleansed from time
to time so as not to	to he constructed covered and kept so as not to be a nuisance or inju­
be a nuisance	rious to health and to be properly cleared cleansed and emptied and
or injiinous to health.	.|.pg purposc of clearing cleansing and emptying the sajne they may construct and place either above or under ground such reservoirs sluices engines and other works as may he necessary and may cause all or any of such sewers to communicate Avith and he emptied into such places as may he fit and necessary or may cause the sewerage and refuse therefrom to be collected for sale or for any purpose Avhat- soever but so as not to create a nuisance.
Sewers vested m
Commissioners.	10. All public sewers and drains noAv made or hereafter to be made Avithin the said City and such Suburbs thereof as aforesaid shall be and the same are hereby vested in the said Commissioners.

Owners or occupiers 11. So soon as a public soAver Or any part thereof shall he com-

caamJ^drTbsTom pl^ted SO as to be ready for use in any public street or other place

dwelling’s or to -------- Avithin the said City or such Suburbs thereof as aforesaid so that the

public sewers when

completed in any	same may be communicated Avith by drains or seAvers from the houses
places.	buildings or other premises in the neighbourhood thereof or any of them the Commissioners may require the OAvners and occupiers of such houses buildings or other premises to make such drains or sewers from such houses buildings or other premises to communicate with such public sewer and such demand may be made by giving a notice thereof

in

1853. i r VIC. No. 34. 2767

Sydney Sewerage.

in writing signed by one of tlie Commissioners to such ovmcrs or

occupiers or by leaving the same at the said houses buildings or other

premises respectively and such communicating drains or sewers shall he made according to such plans and directions as the Commissioners

may think most suitable for effectually carrying off all impurities from the said houses huUdings or other premises respectively and shall hc so made cither by such owners or occupiers or at their expense as hereinafter provided and such owners or occupiers shall also when Owners or occupiers

required so to do by the said Commissioners alter such communicating

drains and sewers as occasion may from time to time require. '

12. The said Commissioners may in and by such notice as Commissioners may aforesaid require such communicating drains or sewers to be made ■fXdrainrtoTr''** by the said owners or occupiers Avithin such time as they may reason-made Jjy owners or aiily limit in that behalf and if the same shall not he made within the

prescribed time or if the same shall not he made according to such plans

and directions as aforesaid it shall he lawful for the said Commissioners *>wcr to Commis-

to make or complete or cause the same to he made or completed as on XtLiit”by''mvner*̂

occasion may require and for that purpose to excavate the ground and m-occupier.'

to make construct and lay doAvn such drains or sewers in along or

over the land or ground of any person and in such last-mentioned case

the said Commissioners shall he entitled to recover from every such owner or occupier before any tAVO Justices of the Peace the full amount of the cost and expense of making such communicating drains or sewers Provided that no proceedings shall in any case he taken for such recovery before such Justices until default shall have been made

in paym ent of such costs and expenses for tAventy days after demand

made by the said Commissioners or their duly authorized agent on

such owner or occupier for the payment thereof And provided also that in case such costs and charges shall be recoA êred from and shall he paid by a tenant occupier of any such house building or other premises he shall he entitled to he repaid by his landlord the amount so recovered and paid unless he shall be liable to pay the same under

and by virtue of his lease or agreement with his landlord.

13. In every case where any such oAvner or occupier shall make Subjecting to the

alter or repair any drain or seAver made to communicate Avith any of ‘

T * • ̂ HU [JLibuns ujJtnuig

the public sewers or drams in pursuance oi this Act all and every the private drains or

provisions and enactments in and by this Act contained relating to or

concerning the ground soils pitchings and pavements to he opened or

broken up and reinstated and making good and guarding the same and

repairing other damage shall he complied Avith and observed by and

apply to every such OAvner or occupier or other person in such and the

like manner as is herein mentioned Avitli respect to any drain or scAver

to be made altered or repaired by the said Commissioners or their agents

surA'eyors servants or Avorkmen and upon default herein in any par­

ticular the said several matters shall be forthAvitli done and performed

by the said Commissioners and such owner or occupier or other person

shall on conviction thereof before tAvo Justices of the Peace be liable

to pay the charges and expenses which may be occasioned by such

default together with a penalty not exceeding five pounds for CA’ery

such default.

14. When and so often as any ground or any of the soils pitch- AVheu Commis-

ings or pavements of any of the public or private streets highways °peraln or

roads ways footpaths lanes and passages Avithin the said City and persons imve broken

Suburbs thereof or of any of tliem or of any part thereof shall from ,"̂ î t7orstreetŝ &ĉ

time to time be opened or broken up by the said Commissioners or t̂ e same shall be

their agents suiweyors workmen or seiwants or by any such owner or fê,fced durhTĝ tL

occupier as aforesaid proper and sufficient fences and protection shall

immediately thereupon lie made set up and continued by the said ‘

Commissioners or by any such owner or occupier as the case may be

2 o—VOL. 4. (and

2768 No. 34. 17̂ YIC. 1853.

Sydney Sewerage.

(and in the case of any sucli owner or occupier to the satisfaction of the said Commissioners) to guard the place or places where any ground soils pitchings or pavements shall have been so opened or brofcn up and to prevent danger or accidents and at all times during the progress of digging any trenches or excavations and making altering enlarging and repairing all or any of the drains and sewers to he made altered enlarged or repaired by virtue of this Act and of filling in such trenches or excavations or otherwise carrying on and finishing the works hereby authorized to l)e done in any street highway road way footpath lane or passage within the said City and Suburbs thereof every such street highway road way footpath lane or passage shall hc kept and continued by the said Commissioners their agents surveyors workmen or servants or by such owner or occupier as aforesaid as the case may be as free from all obstructions and annoyances of every kind and obstructed for as short a time as

and if such works	practicable and in case any such owner or occupier shall refuse
have not been kept
so fenced a penalty	or neglect to make or set up and continue such sufficient fences and
and costs may be	protection or to keep and continue any such public or private street
recovered.	highway road way footpath lane or passage as free from all obstruc­ tions and annoyances and obstructed for as short a time as possible then and in every such case it shall he lawful for the said Commis­ sioners to make and set up or cause to be made and set up and continued such sufficient fences and protections and to remove or cause to he removed all such obstructions and annoyances which shall not have been necessarily occasioned or which shall have been con­ tinued longer than may have been actually necessary and the reasonable costs and cliarges thereof shall he paid by any such owner or occupier to the said Commissioners and in default of payment thereof for twenty days next after demand made by the said Commissioners or their duly authorized agent for the payment thereof the same together with any sum not exceeding twenty pounds by way of penalty may be recovered against such owner or occupier before any two Justices
of the Peace. :

Mo private sewers to	15.	I t shall not be lawful for any person without notice to the
be made to commu­

nicate with tile	said Commissioners or otherwise than according to such plans and
public sewers with­
out notice under a	directions as they make and give to make or branch any private
penalty.	sewer or drain into any of the public sewers or drains or into any drain or sewer communicating therewith and in case any person or persons shall make or branch any private sewer or drain into any of the said public sewers or drains or into any sewer or drain communi­ cating or to communicate theianvith without such notice or otherwise tlian as aforesaid every person so ofl'ending shall for every such offence upon conviction thereof befoia; any two Justices of the Peace forfeit and pay to the said Commissioners a sum not exceeding fifty
pounds. '
Proprietors of

])rivate scnvei's &c. IG. All sewers or drains communicating with any public sewer

to repair and cleanse	or drain shall from time to time be repaired and cleansed under the
the same under the
direction of tlie Cnni-	inspection and direction of the said Commissioners at the costs and
inissioners.	charges of the occupiers of the houses buildings lands and premises to which the said private sewers or drains shall respectively belong
Penalty fur-non­	and in case any person sliall neglect to repair and cleanse or cause'
compliance.	any such private sewer or drain to be repaired and cleansed according to the directions of the said Commissioners he shall forfeit and pay for every such offence upon convietion thereof before any two Justices of the Peace a sum not exceeding five pounds.

lamiting the rates to	17.	So soon as a ])ublic sewer or any part thereof shall have
be paid for drains.

been completed so as to be ready for use in any street or other place within the said City or such Suburbs as aforesaid so that the same may be communicated with by drains and sewers from the respeetive

houses

1853. ir VIC. No. 34. 2769

Sydney Sewerage.

houses huildiugs or other premises in the neighbourhood thereof or any of them tlu; occupiers of such liouscs buildings and other premis('s respectively shall pay to the said Commissioners the following rates per annum that is to say where the value of such house Imilding or premises or part of a house building or premises shall not exceed twenty pounds per annum at a rate per annum not exceeding seven and a half per centum on such value and where such value shall h(' above twenty pounds and not exceeding forty pounds per annum at a rate per annum not exceeding six per centum and where siudi value shall be above forty pounds and not exceeding sixty pounds per annum at a rate per annum not exceeding five and a half p(‘r centum and where such value shall he above sixty pounds and not exceeding one hundred pounds per annum at a rate per annum not exceeding five per centum and where such value shall b(i above one* hundred pounds and not exceeding two hundred pounds per aunum at a rate per annum not exceeding four per centum and where such value shall be above two hundred pounds per annum at a rate per annum not exceeding three per eentum and every sucli rate shall be payable aecording to the amount at which sucli house building or other premises shall be assessed to the City llati' if the same shall have been so assessed but if not then according to the actual value thereof and such rate shall be due and payable in advance on and from the day when' such sewer shall be so eomplete

and ready for use and communication Provided that it shall be law- commissioners may

fill for the tenant of any messuage or tenement under the yearly rent or of fifteen pounds per annum to deduct the amount of such rate from by owners of houses time to time from his rent or for the said Commissioners to make such

rate upon the owner of any messuage or tenement under such yearly rent as afoi’esaid and to recover the same from such, owner in such and the like manner as any rate or rent by this Act authorized to be made may he recovered.

18. Fourteen days at the least before beginning to dig or lay Notice of building or

out the foundation of or for any new house or to rebuild any house

within the limits of the said City or the Suburbs thereof the person cellar or lowest floor

intending so to build or rebuild shall give to the said Commissioners

written notice thereof together with the level or intended levels ol the Commissioners under

cellar or lowest floor and the situation and construction of the privies	-
cesspools and drains to be built constructed or used in connection with
such house and it shall not be lawful to begin to build or rebuild any
such house or to build or construct any such privy cesspool or drain
until the particulars so required to be stated have been approved by
the said Commissioners and they arc hereby required to signify their
approbation or disapprobation of the same within the space of fourteen
days after receiving such notice witliout fee and in default of such
notice or if any such house privy cesspool or drain be built rebuilt or
constructed as aforesaid Avithout such approval the offender shall be

liable to a penalty not exceeding fifty pounds and the said Commis-	.
sioners may if they shall think fit cause such house privy cesspool or drain

to be altered or otherwise dealt witli as the case may require and the	’
expenses incurred by them in so doing shall be repaid by the offender togctlier Avith the penalty aforesaid and be recoverable from him before any two such Justices as aforesaid in case such offender upon lieing summoned before any such Justices as aforesaid shall neglect or refuse to pay the same.

19.   The said Commissioners shall and may provide and maintain Power to Commis-

in proper and convenient situations water-closets privies and other pXikf water-dosets

similar conveniencies for public ac'commodation AAuthin the limits of privies &c.

the said City or tin' Sulmrlis tiiereof and defray the necessary expenses

out

2770 No. 34. 17'̂ VIC. 1853.

Bydney Sewerage.

out of the rates to be levied under this Act or under the said recited

Act.

Penalties for allow- 20. Whosoevci’ sliall Suffer any waste or stagnant water or any

remrin̂ in ceUarâ &c. niuck filth soil or other offensive matter to remain in any cellar or place within any dwelling-house or premises in the said City or the Suburbs thereof being 'populous parts for twenty-four hours after written notice to him from the said Commissioners to remove the same and whosoever allows the contents of any water-closet privy or cesspool to overflow or soak therefrom shall for every such offence be liable to a penalty not exceeding forty shillings and to a further penalty of ten shillings for every day during which the offence is continued and the said Commissioners shall remove or abate or cause to be removed or abated every such nuisance and do what shall be needful for preventing a continuation or recurrence thereof and shall have power to enter any house or premises for the purpose of ascertaining whether there be any nuisance therein or of removing or abating the same and of preventing a continuation or recurrence thereof and the expense incurred by them in carrying out the provisions of this enactment shall be repaid to them by the occupier or owner of the premises upon which the same exists and be recoverable from either of them together with the penalties aforesaid before any two such Justices as aforesaid in case such occupier or owner upon being summoned before any such Justices as aforesaid shall neglect or refuse to pay the same.

Houses to be pni ified	21. If upou the Certificate of any two duly qualified Medical part thereof or the premises occupied in connection therewith within the limits of the said City or the Suburbs thereof is in such a filthy or unwholesome condition that the health of any person is or may be liable to be affected or endangered thereby and that the Avhitewashing cleansing or purifying of any house or part thereof or the premises occupied in connection therewith would tend to prevent or check infectious or contagious disease the said Commissioners shall give notice in writing to the owner or occupier of such house or part thereof or the premises occupied in connection therewith to white­ wash cleanse or purify the same as the case may require and if the person to whom notice is so given shall fail to comply therewith within such time as shall be specified in the said notice he shall be liable to a penalty not exceeding ten shillings for every day during which he continues to make default and the said Commissioners shall if they shall think fit cause such house building or part thereof or the premises occupied in connection therewith to be whitewashed cleansed or purified and for such ])urpose shall have power to enter the same and the expense incurred by them in so doing shall be paid by the owner or occupier in default and be recoverable from such owner or occupier 1:>efore any two such Justices as aforesaid in case such owner or occupier upon being summoned before any such Justices as afore­ said shall neglect or refuse to pay the same.
on certificate of two
medical practi­	Practitioners it appear to the said Commissioners that any house or
tioners.

Justice may issue 22. Whenever it shall be made to appear on oath to the satis- (Tfficer'of Commis-"̂ faction of any Justice of the Peace that there is reasonable ground for

premises and view sioners &c. to enter believing that any house or part thereof or the premises occupied

the state and condi­

therewith as is hereinbefore mentioned within the limits of the said

tion thereof.

City or the Suburbs thereof is in a filthy or unwholesome condition it shall be lawful for the said Justice to grant a warrant under his hand authorizing any of the said Commissioners or any of their officers or any Inspector of Nuisances or Inspector of Police with such assistance as may be necessary and accompanied by such Medical Practitioners as aforesaid to enter (in the day-time) into such house or part thereof or the premises occupied therewith as aforesaid and to view the same and the state and condition thereof.

1853. IT VIC. No. 34. 2771

Sydney Sewerage.

23. Any owner or occupier of premises adjoining or near to Power for owners or but beyond the limits of the said City and the Suburbs thereof may nê r't'rbuf beyonT* cause any sewer or drain of or from such premises t o c o m m u n i c a t e lim its of the City witli any sewer made by or vested in the said Commissioners upon tract witii Commis- such terms and conditions as shall be asrreed upon between such owner sioners to drain the

and occupier and the said Commissioners or in case of dispute as shall ‘	'
be settled by arbitration in the usual manner.

2d. If at any time it appear to the Commissioners that any a sufficient number

house within the limits of the said City and the Suburbs thereof is fxsed eonltructoUn*'* or intended to be used as a factory or building in which persons of factories under a both sexes and above twenty in number are employed or intended to

be (fmployed at one tinn; in any manufactory trade or business the said Commissioners may if they shall think tit by notice in writing to the owner or occupier of such house require him within a time to be specified in such notice to construct :i sufficient number of water- closels or privies for the separate use of each sex and if he shall neglect or refuse to comply with such notice he shall be liable for each default to a penalty not exceeding twenty pounds and a further penalty not exceeding twenty shillings for every day during which tlu; default is continued and such penalties sliall be recoverable from such owner or occupier before any two such Justices as aforesaid in case such owner or occupier upon being summoned before such Justices as aforesaid shall neglect or refuse to pay the same.

25. Nothing in this Act shall be construed to render laiyful any act matter or thing wliatsoever which but for this Act would lx; deemed to be a nuisance within tin; limits of the said City or the Suburbs thert'of nor to exempt any person from any liability prost'cution or punishment to which hc Avould have been othenvise subject in respect thereof. ' ' " I ' i s Act

20. If any house or premises shall become untenanted or when* owner ofiiouse

sucli house or premises shall be let out in apartments or to more than

one tenant the owner of such house and premises shall be deemed tlu; liable lui rates &c.

occupier thereof for all the purposes of and be liable to tin' rates costs

jienalties and charges by this Act authorized to ho made and imposi'd

the same to bo recovered in any manner herein directed for the

recovery of smdi rates costs penalties and charges.

27. I f any person shall wilfully or maliciously hinder or rcnaitics fm inter­ interrupt or cause or procure to be hindered or interrupted the saiil tiiei;.>minu-

-A cinTinrcs A'!' .nnn lOr

• • 1 I • I J T o l U I H . ' l B IX-i • c i i n i H ' l

Commissioners or their managers surveyors agents servants or work- injurin '; drains &c.

men or any of them in doing or jierforming any of the AVorks or in the

exercise of any of the poAvers and authorities in this Act authorized or

contained or shall Avilfully or maliciously break throAV doAvn injure;

damage or destroy any scAver or drain works matter or thing belonging

to the said Commissioners made or to be made and provided in pur­

suance of this Act or for the purposc of the execution of the poAvers

herein (;ontained every person so offending shall for every such offence*

forfeit and pay any sum not exceeding ten pounds to be recovered

before any tAVO Justices of the* Peace.

28. I t shall be laAvful for the said Commissioners to purchase; Power to c;ommis- by agreement or to take on lease for such term as they may think fit oHrasViamis 10 1̂̂ any land Avhich may be necessary for the formation or protection o f lun poscs of sewerage

any AVorks which they are authorized to execute under this Act also

'î ampse

any offices and other buildings yards stations or places for deposit of refuse materials and things or any land for the erection and formation of such offices and other buildings yards stations or places for deposit and also to contract for the purchase remoA'al or abatement of any obstruction to the flow of Avater Avhereby seAverage or drainage is obstructed or impeded and for the purchase of any land or any right or easement in or over any land Avhich it may be necessary or expedient

to

2772 No. 34. ir VIC. 1853.

Sydney Scweraye.

to purchase to prevent the ohstruction of sewerage or drainage within

and to purchase the Said City and also to purchase hy agreement or take on lease as

streams or spntics of n • i j . i i i • x - x

water &c. or any aloresaicl thc whole or any part ot any streams or springs ot water or land for the purpose any rights therein which it shall appear to the said Commissioners

sinking wells ■ ■ necessary to acquire and use for thc purposes of cleansing sewers and

making reservoirs

<̂c.	drains and the other purposes of this Act or any land which it shall he deemed advisahlc for the said Commissioners to purchase or take on lease for the purposc of drawing or obtaining water from springs or hy sinking of wells and for making and providing reservoirs tanks aqcducts watercourses and other works or for any otlier purpose connected witli tlie Avorks for obtaining such supply of Avater as aforesaid.
Power to Commis­
sioners to sell lands	29. I t shall lie laAvful for thc said Commissioners to sell and dispose of any lands or other property  csted in them hy virtue of this Act or acquired l)y them under tlic powers herein contained or any part thereof Aidiicli it sliall appear to the said Commissioners may be properly sold and disposed of as aforesaid and for completing and carrying any such sale of lands into cifect the said Commissioiuu's may well and effectually convey the lands sold and disposed of as aforesaid unto the pureliascr or as hc shall direct.
( ĉ. not wanted.

tô tĈ Quartci° person thinking himself aggrieved hy any order made

Sessions. Ol' given in pursuance of any rule by-law or order of the said Commissioners or hy the order or determination of any Justice or .Justices of tile Peace in j)ursuanc(! of this Act may witliin three calendar montlis after tlie cause of complaint shall liavo arisen appeal to the Justices of the Peace at their next General or Quarter Sessions of the Peace to lie holden in the said City unless thc said next Session shall liappen Avithin ten days after tlic making of sucli order or deter­ mination in which case such appeal sliall be to thc next Session there­ after the person appealing having first given at least ten days’ notice of such appeal and of the nature and matter thereof to thc said Commissioners and fortliAvith after such notice entering into a recog­ nizance before some Justice of thc Peace of the said City Avith tAvo sufficient sureties conditioned to try such appeal and to abide the order and award of the said Court thereon and the said Justices upon due proof of such notice and recognizance having been given and entered into shall in a summary way hear and determine such complaint at such General or Quarter Sessions of thc Peace or if they shall think proper may adjourn the hearing thereof to the next General Quarter Sessions of the Peace to hc held in thc said City and if they s(;e cause may mitigate any forfeiture or fine and may order any money to be returned Avliich shall have been levied in pursuance of suidi rule hy-laAV order or determination and shall and may also award such further satisfaction to hc made to the party injured or such costs to ('ither of the parties as they shall judge reasonalile and proper and all such d(;terminations of thc said Justices shall he linal binding and conclusive upon all parties to all intents and purposes whatsoever.

Tranyent offendei- And Avlicrcas uersous cTulltv of offeuccs affalust this Act

may be apprehended. i ^ j i xf ” x- i

may l)c transient persons and unknown to the officers acting under the said Commissioners Be it enacted That it shall he lawful for any officer acting under the said Commissioners Avith such aid as shall be necessary to seize and detain any such iinknoAvn person guilty of any offence against this Act and forthwith to cou ey him before any Justice of the Peace of the said City Avithout any other warrant or authority than this Act for so doing.

Interpretation of	32.	In the construction of this Act the Avord “ owner” shall mean
terms.

the person for the time being receiving the rack rent of the messuages land or premises in connection with Avhich the AVord is used whether on his own account or as agent attorney or trustee for any other piwson

or

1853. ir YIC. No. 35. 2773

Sydney Water Sup])ly.

or who would so receive the same if such messuages land or premises

were let at a rack rent.

33. This Act may he quoted or referred to as “ The Sydney Title of Act.

Sewerage Act of 1853” and shall he construed as if the same had formed part of and had been incorporated witli the Act passed in the present Session “ To dissolve the Corporation of the City of Sydney and to appoint Commissioners in lieu thereof for a limited period.”