1'833, 40 GUL. IV. No. 10. 451
No. x.
An Act for protecting the Grown Lands of this
EXCROACEXENT. CIIOIVNL*~-SC o l o ~ y from Encroscliimmt Intrusion and - Trespass. [2Sth August, 1833.1
HEREAS it is eipedieiit a i d necessary to protect the Crown Governor t o appoint
Cammissionors of bailiffs.
Lands of this Colony from enc~oacliment intrusion and Crown Lands tohRVt
trespass thereon and t o prevent the unauthorized occupation thereof s*'nc pawor as-
from being considered a giving any legal title thereto Be it tlierefore enacted by His Excellency the Governor of New South Wales with the advice o€ the Legislative Council thereof That from and after the passing of this Act it slid1 and may lie laiTVfti1 for the Govetno? of this Colony by ivarraiit under his hand and seal to appoint so many fit and proper persons as he shall think fit t o be and the said persolis shall thermpon be and be called <' C~onzviissiolzem of &own Zwids iu the Coloizy of New South Wales" and tlie said persons and each of them shall continue in office as such clurins the pleastire of the said
Governor and the said Coimissioners or any two or more of tilein .shall and may during their continuance in office a,s aforesaid do and perform by and under directioii of tlie Governor for aiid on behalf of E i s Xajesty His Heirs and Successors in up011 or in respect of any Crown Lands in this Colony d l such lawful acts matters and things for prwenting intrusioii encroachment and trespass thereon or for such other purpose as any bailiff or bailiffs lawfully appointed may by law do or perform in upon or in resliect of any lands tenements o t lreredita- ments of his or their employer or employers.
a.
452 No. IO. 4 ' GUL. IV. 183.3.
Commissioners 2. And be it enacted That it shall and may be lawful for the said
ahthorizcd to make
and Commissioners or for any two or more of them at any time and from
surveys ofcroivn time t o time as the same shall appear t o be necessary under direction
Lands and to roquire
the ofJus. of the Governor t o make perambulations and surveys of the Crown
ticcs o f t h o P c m h . Lands or any part thereof in any district of this Colony ancl upon such perambulations and surveys to require by writing under their hands the assistance of any Justice of the Peace or constable in making the same and also t o take in their aid so' many persons as shall and may be necessary for the purposes of this Act.
Commissiaiiors to 3. And be it enacted That it shall and may be lawful for
Innamnrks,,pon the said Commissioners or any two or more of them under the
CroivnLandspennlty direction of the Governor as aforesaid t o erect and place or cause to
bc, any bcncoll or be erected and placed beacons or landmarks of such construction
landmark. form and materials and marked in such manner %s shall be appointed by tlie Surveyor General of this Colony upon any Crown Lands or the boundaries of any Crown Lands as they shall deem needful for denoting the same ancl tlie said beacons and landmarks from time to 'time t o keep up and maintain or cause t o be kept up and.maintahed in proper repair and if any person shall wilfully deface injure destroy or remove any such beacon or landmark so placed or erected as aforesaid such person (being a free person) shall forfeit and pay to His Majesty His Heirs and Successors.for every such offence the s u m
of &fty pouuds ~ h i c h shall and may be recovered by action of debt in the name of His Majesty's Attorney General in any competent Court of this Colony and if such offence shall be committed by any convict or transported felon or offender such person shall be deemed and talren thereby t o have committed a misdemeanor and shall ancl may be punislied for the same accordingly.
Justices of tho Pcaco 4; And be it enacted That every Justice of the Peace and con-
missio,lers io their stable shall beiug thereunto required by writing under the hands of
perambulntiolls and any two or more Commissioners appointed under authority of this Act aid and assist the said Commissioners in making their perambula- tions and surveys and no suit or action shall be brought or com-
Astoactionsforany menced against any Justice of the Peace or constab1e.for any act
thing sodoneily matter or thing done by them or any of them upon the requisition or
them.
order of the said Commissioners or any two or more of them during the time that the said Commissioners or any two or more of them shall be actually presknt and ordering or permitting the same to be done but any suit or action shall and may be brought a,gainst <the said Commissioners alone for any act matter or thing so done by them or by their order or authority and i n their presence as aforesaid and service of pl:ocess in any such suit or action upon eitlier of the said Commissioners so being present as aforesaid when tlie said act matter or thing complahed of was done or performed shall in all cases be.
deemed and taken t o be good and sufficient service.
Limitation of nctious 5. And be it enscted That any suit o i actiox which shall
:be
vcrrliot to for Costs defendant. brought against any Commissioner or Commissioners t o 'be appoint'ed under the authority of this Act or against any person or persons acting uhder the authority or by the order of such Commissioners or any two or more of them for any thing done or acted by him or them under this Act shall be commenced within six calendar montlis next after the fact committed
(k
respect of which such suit or action shall be brought or commenced) and not afterwards and the defendant-or defendants in every such suit or a,ction shall and may plead the general issue and give this Act and the special matter in evidence at any trial t o be had thereupon and if such suit or action shall be brought./or.commenced after the time so limited for bringing the same or contrary t o the provisions of this Act cu' if the matter or thing complainediof sliall be proved to have been done under. the authority .aIid ' b t h e
creect boacons and for wilfully injuring
80. to assist Com- aurwgs.
execution
1833. 4O GUE. HV. No. 11.. 453
IZoau's C M Z ~ S t m h .
execution of this Act then and in either of such cases tlie jury shall find a verclict for the defendant or defenclaiits and if the plaintiff or plaintifs shall become nonsuit or discontinue his or iier action &er qipearance of the defendant or defendants or thcre shall be a verdict against the plaintiff or plaintifs or if upoii. demurrer jurlgmeiit shall be given a,gaiiist the plaintiff or plaintiffs the' said clefendant or defendants shall have d o ~ i l ~ l e costs of sxit and sha,ll liave the like remedy for thc recovery thereof as any defendant hath for the recovery of costs in any otlier case at la^^.
G . And be it ena,cted That it shall ancl inay be lawfd for the AB to romunerntion of Commissioners
Govei*nor of this Colony to pay or cause to be paid out of the Pnblic Justices 6.c. and
'Irea.sury of this Goloiiy t o ea,cli of the Coniinissioners t o he a1>poiiited otllers in their aid.
under and by virtue of this Act and t o the Justices of the Peace constables aiicl other persons acting i n aid of the said Commissioiiers as a,foresaid as and for a remuiieratioii for their services and for their tramiliiig expenses the sums foiloviiig that is to say t o each Comrriis- sioiier or Justice of tlie Peace for every clay upon which he sliall be actually aiid necessarily employed ~ i p o n any peramlmhtion or survey
i i sum not exceeding twenty shillings per diem iii the d i o l e t o every constable or otliei- person taken iii aid of the said Commissioners for every day npoii which he slid1 be actually and necessarily eiiiployed upon any perambulation or snrvey a s u m iiot exceeding two shillings a i d sixpence per diem iii the whole aiid it shall and inay be lawful for t.he said Governor in like niaiiner to pay a.nd defray the reasonable expenses of erecting placing snpporting ancl ma.intaining all necessary beacons and la,iidmarks as aforesaicl.
Governor of this Colony t o pay 01% cause to be paid out of the l'nblic
~ ~ ~ ~ g C C q l ; h $ ; , ,
Treasury of this Colony tlie costs ancl charges of any suit or action bo defryod.
which shall or niay be brought a.s aforesaid by or against the said Commissioners or any Justice of the Peace constable or other person acting under the anthority of any of the proTrisions of this Act for niiy matter or thing by thein ol. any of thein done as aforesaid Providecl always that such suit or action shall have beeu hrouglit or clefeiicled niicler direction of the Governor of the said Colony and provided that such Coiiinrissioiiers Justice of the Peace constable or other person acting under the mthority of any of the provisions of this Act shall iiot be proved t o have milfully coiiclucted tliemselves or liiiiiself in any improper vexatious or oppressive malmer.
7. And be it enacted That it shall a d inay be lavfnl for the costs or notions
No. XI.
An Act for making altering ancl improving t.lie
R o * ~ s * -Roacls throughout the Colony of New South Wales ancl for openiizg ancl improving the Streets in the Towns thereof. [28th .Azcqzcst,
6833.1
HEREAS it is expedient to proxricle for maliiag altering a'nd Preamnblo,
inqiroving the roads a i d vays in the Colony of New South Wales and for opening and inqxoving streets in the towns and villa,ges thereof a n d for iiiclciniiifyiiig the proprietors of such land or ground a,s may lie required for such liurpose ancl which lms beeii granted from thc Crowii without any reservation of the poiver of
malting
