Page:Sydney City Incorporation Act 1842.pdf/2

 operation of this Act with respect to the subject of such description provided the same shall be designated so as to be understood.

8. And whereas by an Act of the said Governor and Council passed in the fourth year of the reign of His late Majesty King William the Fourth intituled "An Act for regulating the Police in the Town and Port of Sydney and for removing and preventing Nuisances and Obstructions therein" it is amongst other things enacted that in order to uphold the limits of the said Town of Sydney some one of the Justices appointed under the said last recited Act shall perambulate with proper assistants the said limits on some convenient day in Easter week in each and every year and whereas it is expedient to transfer the duties so imposed upon the said Justices to the members of the body corporate established under the provisions of this Act Be it therefore enacted That so much of the said recited Act as relates to the perambulation of the boundaries of the Town of Sydney shall be and the same is hereby repealed accordingly.

9. And whereas it is expedient that the metes and bounds of the said City and of the several wards into which the same is hereby directed to be divided constantly maintained and generally known Be it enacted That the Mayor of the said City within six months after the first election of Mayor under this Act shall cause to be sot up at the expense of the body corporate permanent and conspicuous boundary marks of iron wood stone or other durable material in exact conformity with or as near as circumstances will admit the respective metes and bounds of the said City and the several wards thereof and in the most public and convenient place along or near the line of such metes and bounds and further within the period of six calendar months after theexpiration of every successive period of three years thereafter a circuit, of perambulation of the metes and bounds of the said City and of the several wards into which the same is divided shall be made by the Mayor accompanied by the Town Clerk of the said City and the Town Clerk shall at the time of making such perambulation inquire whether the name or names whereby the same metes and bounds or any part thereof are or is described have or has been changed and by what name or description the same are or is there commonly known and distinguished and if any change in the description thereof shall have taken place shall note the same in a book to be kept by him for that purpose to be called the "Boundary Book" the said City and the Mayor is hereby required in the event of any of the said boundary mark or marks as aforesaid being obliterated or defaced to cause the same to be renewed at the expense of the body corporate within three calendar months next after such perambulation as aforesaid.

10. And be it enacted That every Mayor or Town Clerk who shall neglect to perform the duties hereinbefore prescribed shall forfeit and pay the sum of twenty pounds to be recovered by action in the Supreme Court of the said Colony by any person who shall sue for the same one-half to be paid to the person who shall sue for the same and the other half after deducting the expenses of so suing to be ascertained by such Court to be paid to Her Majesty Her Heirs and Successors for the public uses of the said Colony.

11. And be it enacted That every person who shall wilfully or maliciously pull down deface obliterate injure conceal or destroy any such boundary marks as aforesaid shall for every such offence forfeit and pay in addition to the value of such boundary mark or marks as aforesaid any sum not exceeding forty shillings to be recovered paid and levied according to the provisions of this Act relative to offences against the same punishable upon summary conviction.