Act No. 5, 1901. An Act to consolidate the Sta tu tes relating' to

Police Offences. [3rd October, 1901.]

BE it enacted by t h e K i n g ' s Most Exce l l en t Majes ty , by and wi th t h e advice and consent of t h e Legis la t ive Council and Legis la t ive

Assembly of New South Wales in P a r l i a m e n t assembled, and by the au tho r i t y of t h e same, as follows :—

P A R T I .

Preliminary and Interpretation.

1. This A c t may be cited as t he " Police Offences Act , 1 9 0 1 , " a n d is divided in to P a r t s , as follows :—

P A R T I .—Pre l im inary and Interpretation.—ss. 1 - 1 . P A R T I I . — Offences general to whole State.—ss. 5 - 1 1 . P A R T I I I . — Offences in Sydney and in certain towns only.—

ss. 12 -100 . P A R T I \ r .—Special constables.—ss. 101 -108 . P A R T V . — P r o c e d u r e . — s s . 1 0 9 - 1 1 1 .

2 . (1) The Acts ment ioned in t h e First Schedule here to are , to t h e e x t e n t there in expressed, hereby repealed, except as to offences

commi t t ed

commit ted and th ings done or commenced before t he passing of th i s Act , wh ich shall be deal t wi th and cont inued , and in respect of which every r igh t and liabili ty shal l r emain , as if this A c t h a d no t been passed.

(2) Al l persons appointed under any A c t he reby repealed and hold ing office a t the t ime of t he passing of th i s Act shall be deemed to have been appoin ted u n d e r this Act .

3. I n th is Act , unless t h e context or sub jec t -ma t t e r otherwise indicates or requires,—•

" J u s t i c e " means a Jus t i ce of the Peace. " C o n s t a b l e " means a n y m e m b e r of t h e police force. " V e h i c l e " includes every omnibus , coach, gig, and carr iage of

any k ind , and every t ruck , sledge, or car t . " Car t " includes every wain, waggon, or dray. " City surveyor " means t he city surveyor, or any o ther surveyor

appointed by the munic ipa l counci l of t h e city of Sydney, subject to t h e provisions of t h e Sydney Corporat ion Act of 1S79, or any o ther A c t and any by-laws or regula t ions made u n d e r the i r au thor i ty .

4 . This A c t shall be read wi th , and subject to t he provisions of, t he Nuisances Preven t ion Act , 1897, and the Metropol i tan Traffic Act , 1900, and the regula t ions from t ime to t ime in force the reunde r .

P A R T I I .

Offences general to whole Stale.

5. The provisions of th is P a r t shall apply and be in force in every pa r t of N e w South "Wales.

6 . Whosoever is found d r u n k in any s t ree t or pub l i c place shall be l iable to a pena l ty no t exceeding one pound .

7 . Whosoever is found d r u n k and disorderly in any street or publ ic place shall be liable to a pena l ty not exceeding two pounds .

8. Whosoever in any s treet or publ ic place to t h e obst ruct ion, annoyance , or danger of t h e residents or passengers—•

sells gunpowder , squibs, rockets , or o ther combust ib le m a t t e r by gas, candle, or o ther artificial l i g h t ; or,

hoists or lowers, or causes to be hoisted or lowered, goods of a n y descript ion from any house w i t h o u t sufficient and proper ropes and t a c k l i n g ; or,

conveys, or causes to be conveyed, t h e carcass or any pa r t of t he carcass of any newly-s laughtered an imal , w i t h o u t a cloth covering the same sufficient for t he concea lment the reo f ; or,

hawks

h a w k s or carries about b u t c h e r s ' m e a t for sale wi thou t covering the same as aforesaid ; or,

places any l ine o r pole across any s treet or passage, or h a n g s or places clothes thereon ; or,

places, hangs up , or affixes any sign-post, board, house- t icket , notice, or other similar t h ing , otherwise t h a n close and paral le l to , or ilat upon, t h e wall of t he bu i ld ing to which the same belongs ; or,

places any flower-pot in any upper window w i t h o u t sufficiently gua rd ing the same from being t h r o w n down ; or,

casts from t h e roof, or any par t of any bui lding, a n y slate, brick, wood, rubbish , or other t h i n g unless wi th in a hoard when any bui ld ing is be ing erected or repaired ; or,

be ing a b lacksmith , whi tesmi th , anchorsmi th , na i lmaker , or o ther person us ing a forge, and hav ing a door, window, or ape r tu re f ront ing or opening into or towards any street or passage, docs no t close and darken such door or window or aper tu re wi th in one h o u r after sunset , so as effectually to p reven t the l igh t from showing t h r o u g h the same :

Provided t h a t n o t h i n g here in contained shall ex tend to forges b e l o A V t he pavemen t of t h e s t r e e t ; or,

wi th in t he distance o f one hund red yards from a n y dwel l ing-house bu rns any rags , bones, cork, or other offensive s u b s t a n c e ; or,

while dr iv ing any vehicle whatsoever does not keep to the n e a r side of such street or publ ic place (except w h e n over tak ing a n d pass ing any o ther vehicle) , or mee t ing any other vehicle does not pass to his near side of such vehicle, or in any m a n n e r wilfully prevents a n y other person from passing h i m or any vehicle u n d e r his care upon such street or publ ic place, or by negl igence or misbehaviour prevents , or i n t e r rup t s the free passage of any carriage or person in or upon the same ; or,

be ing the driver of any vehicle, is wilfully a t such a dis tance from such vehicle, or in such a s i tuat ion, whils t i t is pass ing u p o n such s treet or publ ic place t h a t he canno t have the direction of the horse or other animal d rawing the s a m e ; or,

h a v i n g the charge of any cart , d r a w n by two or more horses or o ther an imals , rides thereon wi thou t sufficient reins to guide t he an imals drawing the s a m e ; or,

while dr iv ing or h a v i n g t h e charge of any car t , d rawn b y any horse or o ther animal , and dr iven or guided by reins, wilfully allows such horse or o ther an imal to proceed out of a wa lk ing p a c e ; or,

races any horse or o ther a n i m a l ; or, bai ts

bai ts a n y bu l l or o the r b e a s t ; or, exposes any horse or o ther a n i m a l for show or sale (except in a

m a r k e t lawfully appoin ted for t h a t purpose) ; or, feeds any horse or o ther a n i m a l ; or, shows a n y ca ravan conta in ing a n y an ima l or any o ther show or

publ ic e n t e r t a i n m e n t ; or, shoes, bleeds, or f a m e s any horse or an ima l (except in cases of

a c c i d e n t ) ; or, cleans, dresses, exercises, t ra ins , or b reaks a n y horse or a n i m a l ;

or, cleans, makes , or repairs a n y pa r t of a n y vehicle (except in t he

case of accident where repair on t h e spot is necessary) ; or, t h rows or discharges a n y stone or other miss i l e ; or, plays a t any game ; or, by f ight ing or otherwise collects or causes to be collected together

any mob or t u m u l t u o u s mee t ing ; or, carries any goods upon any footway,

shall be l iable to a pena l ty not exceeding two pounds . 9 . Whosoever in any street or publ ic p l ace—

rides or drives so negl igent ly or furiously as to endanger t h e safety of any person or of t he p u b l i c ; or,

be ing t h e driver of any vehicle, by dr iv ing furiously or by any negl igence or wilful misbehaviour causes a n y h u r t or d a m a g e to any carr iage u p o n such street or publ ic place ; or,

blows any horn (unless he is a gua rd or pos tman in H i s Majes ty ' s Post Office in t h e per formance of his du ty ) , or uses any other noisy i n s t r u m e n t for the purpose of a n n o u n c i n g any show or en t e r t a inmen t , or for t he purpose of h a w k i n g , sell ing, d i s t r ibu t ing , or col lect ing any ar t ic le whatsoever , or of ob ta in ing money or a lms ; or,

discbarges any firearm w i t h o u t lawful cause ; or, makes any bonfire, or lets off a n y firework ; or, wanton ly dis turbs any i n h a b i t a n t by pu l l ing or r i ng ing any door­

bell , or k n o c k i n g a t any door w i t h o u t lawful excuse, shall be liable to a pena l ty not exceeding two pounds .

1 0 . Whosoever keeps a n y dog or o ther an ima l wh ich a t t acks a n d endangers a n y person w ho has t he r igh t of way or use of a n y p r iva te yard, alley, s treet , or o ther place, shall be l iable to a pena l ty not exceeding two pounds .

1 1 . A n y constable m a y seize any goat found s t ray ing or a t l a rge in any street or publ ic place, or m a y destroy any such goat no t be ing a b randed Angora or o the r b randed goat p roduc ing ha i r used in or adapted for t h e m a n u f a c t u r e of c loth or o the r tex t i le fabrics.

1 2 .

12 . Whosoever is gui l ty of any riotous, violent , or indecent behaviour in any s treet or publ ic place, or in any police office or police s ta t ion-house, shal l be liable to a pena l ty not exceeding two pounds , or to impr i sonment for a t e r m not exceeding seven days.

1 3 . Whosoever , be ing a s t reet music ian, has been requi red by a n y householder or occupier of any premises, personal ly, or by his servant , or by any police constable, to depar t from the ne ighbourhood of t he house or premises of such householder or occupier on account of t h e il lness of any i n m a t e of such house or premises, or for o ther reasonable cause, and af terwards sounds or p lays upon any musical i n s t r u m e n t in a n y street or publ ic place nea r such house or premises, shal l be liable to a pena l ty not exceeding two pounds .

1 4 . (1) Whosoever keeps or uses or acts in t he m a n a g e m e n t of any house , room, pit , or o ther place for t he purpose of f ighting or ba i t ing cocks, dogs, or o ther an imals shall be liable to a pena l ty not exceeding five pounds , or to impr i sonment wi th or wi thou t h a r d labour for a t e r m no t exceeding one m o n t h .

(2) A convict ion u n d e r th is A c t of th is offence shall no t e x e m p t t he owner, keeper , or m a n a g e r of any such house , room, pit , or place from any pena l ty or pena l consequence to which he m a y be l iable for t h e nu isance the reby occasioned.

(3) The Inspec to r -Genera l of Police may by order in wr i t ing author ise a n y inspector of police, wi th such constables as he f lunks necessary, to enter any premises k e p t or used for any of t he purposes aforesaid, and t ake in to custody all persons found there in wi thout lawful excuse.

Eve ry person so found shall be liable to a pena l ty no t exceeding five shi l l ings.

1 5 . Whosoever makes or uses or allows to be m a d e or used any in te rna l communica t ion be tween any house, shop, room, or place of publ ic resort, no t licensed for t he sale of any fermented or spi r i tuous l iquors, and any house or place licensed for t he sale of such l iquors or in which any such l iquors are sold by a dealer in wine a n d spirits shall be liable to a pena l ty not exceeding ten pounds for every day t h a t such communica t ion is open.

1 6 . Whosoever , no t be ing a licensee wi th in t he m e a n i n g of t h e L iquor Act , 1898, keeps or has any house, shop, room, or place of publ ic resort where in ready-made provisions, l iquors, or ref reshments of a n y k ind are sold or consumed (whe ther t he same are k e p t or retai led there in or procured elsewhere) , and opens or has open his premises for t h e recept ion or en t e r t a inmen t of p romiscuous persons or for t he ord inary t ransac t ion of business earlier t h a n six o'clock in the morn ing , or la te r t h a n twelve o'clock a t n igh t , shall be liable to a pena l ty n o t exceeding five pounds :

Provided

Provided t h a t n o t h i n g herein contained shal l affect the pro­visions of t h e Ac t s No. 3S, 1899, and N o . 8 1 , 1900.

1 7 . Whosoever rides upon or causes himself to be carr ied or d r a w n by any carr iage w i thou t t h e consent of t he owner or dr iver thereof shall be liable to a pena l ty no t exceeding five shil l ings, or if a child apparen t ly u n d e r t h e age of twelve years to be detained by order of t he Jus t i ce un t i l his pa ren t or gua rd ian can a t t end for t he purpose of h a v i n g such child delivered in to his c a r e ; provided t h a t if such p a r e n t or gua rd ian do no t so a t t end before t h e closing of t h e police cour t for t h e day the J u s t i c e m a y order such chi ld to be discharged.

1 8 . (1) The Inspec tor -Genera l of Police m a y from t ime to t ime , and as occasion requires , m a k e regula t ions for t h e rou te to be observed by all vehicles, horses, and persons, and for p reven t ing obst ruct ions of the streets and publ ic places in al l t imes of publ ic processions, publ ic rejoicings, or i l luminat ions , and may give directions to t h e constables for keep ing order and for p reven t ing any obst ruct ions of t he thoroughfares in t h e immedia te ne ighbourhood of Gove rnmen t House , P a r l i a m e n t House , t he publ ic offices, t h e Courts of Jus t i ce , t h e thea t res , and o the r places of publ ic resort , and in any case w h e n the streets or publ ic places may be th ronged or m a y be l iable to be obstructed.

(2) N o propr ie tor of any vehicle duly l icensed to carry passengers for hire shal l be liable to any pena l ty for any deviat ion from t h e l ine of rou te specified in his l icense which the dr iver of such vehicle makes by v i r tue of a n y regula t ion or direction made or g iven by the Inspec tor -Genera l of Police.

1 9 . Whosoeve r— is found engaged in shoot ing a t any pigeon ma tch , or for p leasure ,

sport , or profit of any k ind wha tever on S u n d a y ; or, is found ca r ry ing firearms on Sunday,

shall be l iable to a pena l ty no t exceeding five pounds : Provided t h a t —

(a) no th ing in th i s section shall be deemed to ex t end to t ravel lers bona tide ca r ry ing firearms for t h e pro tec t ion of t h e lives and proper ty of themselves or the i r employers on the pub l i c roads, or to constables and other persons ca r ry ing firearms for lawful p u r p o s e s ;

(b) no person shal l be prosecuted for an offence u n d e r this section unless t he prosecut ion is commenced wi th in t en days after t he offence was commi t t ed .

2 0 . Whosoever knowing ly t akes in exchange from any seaman or o ther person no t be ing t h e owner or mas t e r of any vessel, a n y t h i n g be longing to any vessel, or any pa r t of t h e cargo of a n y vessel, or any

stores

stores or ar t icles in cha rge of t he owner or mas te r of any vessel, shal l he l iable to a pena l ty not exceeding five pounds or to impr i sonmen t for a t e r m not exceeding one mon th .

2 1 . Whosoever for t he purpose of p reven t ing a n y t h i n g from being seized on suspicion of be ing stolen or otherwise un lawfu l ly obtained, or from be ing produced in evidence concerning any alleged felony or misdemeanour f raudulen t ly prepares or causes to be prepared or produces any bill of parcels, receipt , or o ther document con ta in ing any false s t a t ement , shall be liable to a pena l ty no t exceeding five pounds or to impr i sonment for a t e r m not exceeding one m o n t h .

2 2 . Whosoever in or upon any warehouse, wharf, quay , or bank , or on board any ship or other vessel,

is found hav ing in his possession any i n s t r u m e n t for t he purpose of unlawful ly obta ining, or any mater ia l or u tens i l for t he purpose of unlawful ly secret ing or ca r ry ing away, any wine, spiri ts , or o ther l i q u o r s ; or

a t t e m p t s unlawful ly to obtain any wine, spiri ts , or o ther l iquors , shall be l iable to a pena l ty not exceeding five pounds or to impr i sonment for a t e r m no t exceeding one m o n t h .

2 3 . Whosoever , in or upon any warehouse, wharf, quay, or bank, or on board any ship or other vessel,

breaks or otherwise injures any cask or package conta in ing wine, spirits, or o ther l iquors, w i th in t en t to steal or otherwise un law­fully ob ta in a n y of the contents thereof; or

unlaAvfully dr inks , spills, or wastes any p a r t of the con ten ts thereof, shal l be l iable to a pena l ty no t exceeding five pounds or to imprison­m e n t for a t e r m no t exceeding one m o n t h .

2 4 . Whosoever wilfully causes to be broken, s tar ted, or otherwise in jured any cask, bag , or other package conta in ing or prepared for con ta in ing any goods while on board of any l igh ter , or other craft, or on any wharf or l and ing place, or in the way to or from any warehouse , Avith i n t en t t h a t t he contents of such package may be dropped from such package , shall be liable to a penal ty not exceeding five pounds or to impr i sonmen t for a t e r m not exceeding one m o n t h .

2 5 . A n y super in tendent , inspector , or sub- inspector of police, or any constable in charge of a s ta t ion m a y en te r a t all t imes by n i g h t or day, wi th such constables as he th inks necessary, upon and in to every p a r t of every ship or o ther vessel (not t h e n ac tua l ly employed in H i s Majes ty ' s sendee) , for t h e purpose of direct ing any constable stat ioned on board, and of observing the conduct of all persons employed on board in loading or unloading , and of t ak ing all necessary measures for provid ing against fire and other accidents , and for preserv ing peace and good order on board, a n d for p reven t ing or detect ing a n y felonies or misdemeanours .

2 6 ,

2 6 . A n y super in tenden t , inspector , or sergeant of police, or any constable in charge of a s ta t ion who has j u s t cause to suspect t h a t a n y felony has been or is abou t to be commit ted on board of any ship or o ther vessel may en te r the reon a t all t imes, by n i g h t or day, and there in t a k e all necessary measures for p reven t ing or de tec t ing such felony, and may t ake into custody all persons suspected of be ing concerned in such felony, and m a y take; charge of any proper ty suspected to be stolen.

2 7 . Whosoever being charged before a Jus t i ce w i th h a v i n g in his possession or conveying in any m a n n e r a n y t h i n g which may be reasonably suspected of be ing stolen or unlawfully obtained, does no t give a n accoun t to t h e satisfaction of such Jus t i ce how he came by the same, shall be liable to a pena l ty no t exceeding ten pounds or to impr i sonment for a t e r m not exceeding th ree m o n t h s .

2 8 . I f informat ion is given on oa th to a J u s t i c e t h a t the re is reasonable cause for suspec t ing t ha t a n y t h i n g stolen or unlawful ly obta ined is concealed or lodged in any dAvelling-house or any o ther place, such Jus t i ce may , by special w a r r a n t unde r his hand directed to any chief constable or inspector of police, cause every such dwel l ing-house or o ther place to be entered and searched a t any t ime of t h e day or by n i g h t if power for t h a t purpose is g iven by such war ran t .

The said Jus t ice , if i t appears to h i m necessary, m a y empower such chief constable or inspector , wi th such assistance as m a y be found necessary (such chief constable or inspector hav ing previously made k n o w n such his au tho r i t y ) ,

(1) to use force for t he effecting of such en t ry , w h e t h e r by b reak ing open doors or otherwise ; and,

(2) to convey any such t h i n g found upon such search before a Jus t ice , or' to guard t he same on the spot un t i l t he offenders are t aken before a Jus t i ce , or otherwise to dispose thereof in some place of safety ; and,

(3) to t ake in to custody and car ry before the said Jus t i ce every person found in such house or place who appears to have been pr ivy to t he deposit of any such th ing , knowing or hav ing reasonable cause to suspect t he same to have been stolen or otherwise unlawful ly obtained.

2 9 . (1) W h e n any person who has been b r o u g h t before a Jus t i ce charged with h a v i n g or conveying a n y t h i n g stolen or un l aw­fully obtained, declares t h a t h e received the same from some o ther person, or t h a t he was employed as a carrier, agent , or servant to convey t h e same for some other person, such Jus t i ce shall cause every such person, a n d also if necessary every former or pre tended purchase r or o the r person t h r o u g h whose possession such t h i n g has passed, to be b r o u g h t before h i m and examined, and shall examine witnesses upon oath t o u c h i n g the same.

(2)

( 2 ) Whosoever appears to such Jus t i ce to have had possession of such th ing , and to have had reasonable cause to believe t h e same to have been stolen or un law fully obtained, shall be liable to a pena l ty no t exceeding t en pounds , or to impr i sonment wi th or w i thou t hard labour for a t e r m no t exceeding th ree m o n t h s .

E v e r y such person shall be deemed to have had possession of such t h i n g at t h e t ime and place w h e n and where t he same was found or seized, and the possession of a carrier, agent , or servant shal l be deemed to be t he possession of t he person who employed such carrier , agent , or se rvant to convey such th ing .

3 0 . I f any goods or money charged to be stolen or f raudulen t ly obtained are in t h e custody of any constable by v i r tue of any w a r r a n t of a Ju s t i ce , or in prosecution of any charge of felony or misdemeanour in regard to t he obta in ing thereof, and the person charged with s teal ing or ob ta in ing possession as aforesaid has not been found, or has been summar i ly convicted or discharged, or has been t r ied and acqui t ted , or if such person has been tried and found gui l ty , b u t the p roper ty so in custody was not included in any ind ic tment upon wh ich be has been found gui l ty , any Jus t i ce m a y m a k e a n order for t he del ivery of such goods or money to t he person who appears to be t he r igh t fu l owner thereof, or, in case t he owner cannot be ascertained, t h e n may m a k e such order w i t h respect to such goods or money as to such J u s t i c e seems meet .

N o such order shall be any bar to t h e r i gh t of a n y person to sue t he person to w h o m such goods or money are delivered, and to recover such goods or money f rom h im by an act ion commenced wi th in six m o n t h s n e x t after t he m a k i n g of such order.

3 1 . W h e n any goods or money charged to be stolen, or un l aw­fully obtained, and of which the owner is u n k n o w n , are ordered by a ,1 ustice to be detained, any Jus t i ce may , after t he expira t ion of twelve mon ths , if d u r i n g t h a t t ime no owner has appeared to claim t h e same, sell or dispose of such goods or app ly such money for t h e benefit of t h e " Police R e w a r d E u n d . "

3 2 . (1) U p o n compla in t made to a Jus t i ce by any person c la iming to be ent i t led to t he p roper ty or possession of any goods wh ich are detained by any other person, the va lue of which is no t greater t han twen ty pounds , and not being deeds, m u n i m e n t s , or papers re la t ing to any p rope r ty of grea ter value t h a n fifty pounds , any Jus t i ce m a y s u m m o n the person complained of and inqui re in to the t i t le there to or to t he possession thereof.

(2) If i t appears to the Jus t ice hear ing the case t ha t such goods have been deta ined wi thou t j u s t cause, after due not ice of t he claim made by the person compla in ing, or t ha t the person deta in ing such goods has a l ien or r i g h t to deta in the same b y way of securi ty

for

for the p a y m e n t of money or t he performance of any ac t by t h e owner thereof, such Jus t i ce m a y order t he goods to he delivered u p to t he owner thereof e i ther absolutely or upon tender of t he a m o u n t appear ing to be d u e by such owner (which amoun t such Jus t i ce shal l de t e rmine ) , or upon per formance , or upon t ende r and refusal of t h e pe r fo rmance of "the ac t for t he per formance whereof such goods arc deta ined as secur i ty , or if such ac t canno t be performed then upon tender of amends for non-performance thereof ( the n a t u r e or a m o u n t of which amends such Jus t i ce shall de te rmine) .

(3) Such J u s t i c e m a y in and by t h e said order fur ther order and direct tha t , in t he event of neglect or refusal to deliver u p t he goods according to such order, t he person against w h o m such order is m a d e shall forfeit to t he pa r ty aggrieved the full va lue of such goods not be ing greater t h a n t w e n t y pounds , which va lue the Jus t i ce shall de termine .

(4) I n any case where no such fur ther order and direct ion is m a d e b y the adjudicat ing Jus t i ce such fur ther order and direction m a y be subsequent ly made by any Jus t i ce .

(5) N o such order shal l be any bar to t he r igh t of any person to sue the person to whose possession such goods or money came by v i r tue of such order, and to recover from h i m t h e goods or money so delivered or forfeited by an act ion commenced wi th in six m o n t h s n e x t after t h e m a k i n g of such order.

3 3 . Whosoever , be ing the occupier of, or h a v i n g occupied, any house or lodging as t e n a n t thereof, wilfully or mal ic iously does any damage to t h e premises or to any furni ture thereof, shal l , upon compla in t made to a Jus t i ce wi th in one m o n t h n e x t after t h e com­mission of t he offence or the end of t h e t enancy or occupat ion, forfeit and pay to t h e landlord or p a r t y aggr ieved such s u m of money , no t exceeding twen ty pounds , as appears to t he J u s t i c e to be a reasonable compensat ion for t h e damage done.

3 4 , (1) U p o n compla in t made to a J u s t i c e by any person who has occupied any house or lodging by t h e week or m o n t h , or whereof t h e r en t does not exceed t h e ra te of twenty-five pounds by the year, t h a t his goods have been t aken from h i m b y a n unlawful distress, or t h a t t h e landlord, or his broker , or agen t , has been gu i l ty of any i r regula r i ty or excess in respect of such distress, such J u s t i c e m a y s u m m o n the person complained of, a n d if, u p o n the hea r ing of t h e mat te r , it shall appear to t h e J u s t i c e t h a t such distress was improper ly taken, or unfa i r ly disposed of, or t h a t t he charges m a d e by t h e person who distrained, or a t t e m p t e d to distrain, a rc con t r a ry to law, or t h a t t he proceeds of t he sale of such distress have no t been duly accounted for to t h e owner thereof, such Jus t i ce m a y order t he distress so t a k e n if no t sold to be r e tu rned to t h e t e n a n t on p a y m e n t of t h e r e n t which appears to be due a t such t ime as t h e J u s t i c e appoints , or if t h e

distress

distress lias been sold t h e n such Jus t i ce may order p a y m e n t to the said t e n a n t of the value thereof, deduct ing thereout t he r en t which so appears to be due, which value such Jus t i ce shall de termine ,

(2) A n y such landlord or pa r ty complained against shall, in defaul t of compliance wi th any such order, forfeit to the pa r ty aggrieved the value of such distress, no t be ing grea ter t h a n twen ty -five pounds , which value such Jus t i ce shall de termine .

3 5 . Whosoever assaults, resists, or in te r rup ts any sheriff's bailiff, bailiff of any cour t , or any keeper or o ther officer in t he discharge of any publ ic du ty , or any bailiff or keeper d is t ra in ing for ren t , or for ra tes or taxes ,

or, rescues or a t t emp t s to rescue any proper ty levied or dis t ra ined on, shall be liable to a penal ty no t exceeding ten pounds, or to impr i sonment wi th or w i thou t hard labour for a t e r m no t exceeding six m o n t h s .

Provided always t h a t if the Jus t i ce hea r ing the case t h inks the same a proper case to be sent to a superior cour t to be dealt wi th , such Jus t i ce may commit the offender to t ake his t r ia l for such offence.

36. A n y constable may stop, search, and detain any vessel, boat , or vehicle in or upon which the re is reason to suspect tha t a n y t h i n g stolen or unlawful ly obtained may be found, and also any person who m a y be reasonably suspected of hav ing or conveying in any m a n n e r a n y t h i n g stolen or unlawful ly obtained.

8 7 . ( 1 ) Whosoever be ing the owner of any car t d r a w n by any horse or o the r an imal , and dr iven or guided by reins , docs n o t have his n a m e and place of abode pa in ted legibly in full l eng th on the off side, in whi te le t ters at least two inches h igh and propor t ionate ly broad on a black ground, shall be liable to a pena l ty not exceeding two pounds.

(2) If the person in charge of any such car t as aforesaid, refuses to give his or the owner 's n a m e and address , or gives a false n a m e of himself or t h e owner, such person shall be detained by any constable or o ther person un t i l a satisfactory account is given to such constable or other person who may requi re t h e same.

3 8 . A n y constable may stop and detain un t i l due inqu i ry can be made , all- vehicles which he finds employed in removing the furn i ture of any house or lodging between the hours of e ight in t h e evening and six on the following morn ing , or which he finds so employed a t a n y t ime if he has good grounds for bel ieving t h a t such removal is made for t h e purpose of evading the p a y m e n t of rent .

3 9 . ( 1 ) W h e n e v e r any person hav ing charge of any horse, vehicle, or boat, or any o ther an imal , or th ing , is apprehended by any constable unde r t h e provisions of th is Act , any constable m a y t ake charge of such horse, vehicle, or boat , or such other an ima l or t h ing ,

]) and

a n d deposit t he same in some place of safe custody as a securi ty for p a y m e n t of a n y pena l ty to which the person hav ing had charge thereof m a y become l iable, and for p a y m e n t of a n y expenses which m a y have been necessarily incur red for t a k i n g charge of and keeping the same.

(2) The Jus t i ce before w h o m t h e compla in t aga ins t such person has been heard, m a y order such horse, vehicle, or boat, or such o ther an imal or t h i n g to be sold for t h e purpose of satisfying such pena l ty and reasonable expenses in defaul t of p a y m e n t thereof in l ike m a n n e r as if t h e same had been subject to be dis t ra ined and had been distrained for t h e p a y m e n t of such pena l ty and reasonable expenses.

4 0 . (1) W h e n e v e r a n y person charged wi th any felony or any grave misdemeanour , is, wi thout war ran t , in t h e custody of any constable a t any s ta t ion-house du r ing t h e t ime w h e n the police court of t h e district in which such s ta t ion-house is s i tua ted is shut , the constable in charge of t he s tat ion-house m a y requ i re t he person m a k i n g such charge to en te r in to a recognizance condit ioned as hereinaf ter ment ioned , and upon his refusal so to do, such constable may , if he deem it p ruden t , discharge f rom custody the person so charged upon h is recognizance wi th or w i t h o u t sureties condit ioned as hereinaf ter men t ioned .

(2) Eve ry recognizance so t aken shal l be condit ioned for t he appearance of t he person thereby bound before a J u s t i c e a t t h e n e x t s i t t ing a t t h e police cour t of t he distr ict in which such s ta t ion-house is s i tuated.

(3) E v e r y such recognizance so t aken shall be w i t h o u t fee or reward .

(4) The constable shall en ter in a book, to be k e p t for t h a t purpose a t every such s ta t ion-house, t h e n a m e , residence, and occupa­tion of the person, a n d his su re ty or suret ies (if any) en te r ing into such recognizance, t oge the r wi th t h e condit ion thereof and t h e sum the reby acknowledged, and shal l r e t u r n every such recognizance to t h e Jus t i ce present a t the t ime and place w h e n and where such person is b o u n d to appear .

4 1 . Whosoever lodges a n y informat ion before any Jus t i ce for any olfence al leged to have been commi t t ed b y which he was not personal ly aggrieved, and af terwards, d i rec t ly or indi rect ly receives, w i thou t t he permission of a Jus t i ce , any s u m of money or o ther reward for compounding , de laying, or w i thd rawing the in format ion , m a y be b rough t before any Jus t i ce , by w a r r a n t or summons , and charged wi th t h e offence of such compounding , delay, or wi thdrawa l , and, on con­viction, shal l be l iable to a pena l ty not exceeding t en p o u n d s .

P A R T

P A R T I I I .

Offences in Sydney and in certain towns only.

4 2 . (1) The provisions contained in this P a r t shall, unless the contex t or subject ma t t e r otherwise indicates or requires , apply and be in force in the ci ty of Sydney, t he towns ment ioned in the Third Schedule , and all o ther towns to which t h e provisions of this Ac t are ex tended as hereinafter provided.

(2) The provisions of this P a r t shall be read wi th and subject to t he provisions of t he Sydney Corporat ion Ac t of 1879, and any A c t a m e n d i n g the same, and of section two h u n d r e d a n d th i r ty -four of t he Municipal i t ies Act , 1897, and of sections twenty-four , twenty-f ive, and twenty-s ix of t he Pub l i c Roads Act , 1897.

(3) I n any of the said towns which are not municipal i t ies wi th in t he mean ing of the Municipal i t ies Act, 1897, and in any par t of any of t he said towns which is no t included in any such munic ipal i ty , any J u s t i c e may , if t he re is no Police Magis t ra te hav ing jur isdict ion there in , exercise all t h e powTers and author i t ies of a Police Magis t ra te unde r th is P a r t .

4 3 . The Governor may , by proclamat ion in t he Gazet te , ex tend the provisions of this A c t to any town specified in such proclamat ion.

4 4 . F o r t he purposes of th is Ac t— (1) t h e l imits of t he said city, and of Sydney Cove, and of

Dar l ing Harbou r , shall be those set ou t in the Second Schedule ; t h e l imits of t he towns ment ioned in t he Thi rd Schedule shall be such as have been set out and marked , and described by publ icat ion in the Gazettb under t h e provisions of any Ac t hereby repealed, or shall hereafter be set ou t and marked by t h e Surveyor-Genera l or some person deputed by h im, subject to t he approval of t h e Governor and described by publ ica t ion in t h e Gazet te .

(2) t h e l imits of a n y t o w n to which t h e provisions of this Ac t are ex tended shal l be such as are set ou t and marked , and described by publ ica t ion in t he Gazet te in t h e m a n n e r herein­after provided ;

(3) t h e car r iage and foot ways in t h e streets and publ ic places wi th in the said city and the towns ment ioned in t he Thi rd Schedule shall be such as have been set ou t and marked unde r t he provisions of any A c t he reby repealed, or any A c t re la t ing to t he se t t ing ou t and m a r k i n g of such carr iage or foot ways ;

(1) t he carr iage and foot ways of t he streets and publ ic places wi th in any t o w n to which t h e provisions of th is A c t arc extended shall be such as arc set ou t a n d m a r k e d in the m a n n e r here inaf ter provided.

4 5 .

4 5 . The Surveyor-Genera l , or some person deputed by h im, shall , wi th in th ree m o n t h s of t he publ ica t ion in t he Gazet te of a proclamat ion ex t end ing the provisions of th is A c t to a town specified in such proclamat ion, set ou t and m a r k wi th sufficient m a r k s t he l imits of such town, subject to t h e approva l of the Governor, and shall publ ish in the Gazet te a description of t he boundar ies thereof.

4 6 . The Surveyor-Genera l and his assis tants shal l not incur any l iabil i ty for t respass in respect of a n y en t ry upon the proper ty of a n y person to erect any m a r k s unde r the provisions of th is Act , or to uphold or repair any such m a r k s or a n y m a r k erected unde r the provisions of a n y A c t he reby repealed to m a r k the l imits of the said city or of a n y town ment ioned in t h e Th i rd Schedule .

4 7 . Whosoever pul ls down, destroys, defaces, or injures any m a r k erected to m a r k the l imits of t h e said ci ty or of any of t h e said towns shall be liable to a pena l ty of five pounds for t h e first offence, of t en pounds for t he second offence, and of twen ty pounds for the th i rd or any subsequent offence.

4 8 . (1) The Surveyor-Genera l , or some person deputed by h im, shall , w i th in twelve m o n t h s of t h e publ icat ion in t h e Gazet te of a proc lamat ion ex tend ing the provisions of this Act to a town specified in such proclamat ion , or, in case of unavoidable delay, so soon there ­after as possible, lay before t he Governor a p l an se t t ing for th t he proposed breadth of t h e carr iage and foot ways of t h e streets and publ ic places wi th in such town, and a not ice se t t ing forth t h e b read th of such carr iage-ways shal l be publ i shed in t h e Gaze t te .

(2) The Surveyor-Genera l , or person deputed by h im, shall , w i th in t he t i m e aforesaid, set out t h e b read th of t h e said carr iage and foot ways, and shall cause t h e said foot ways to be m a r k e d by posts a t t h e corners and intersect ions of t h e streets , or wherevTer t h e same m a y b e necessary for defining such footways.

(3) T h e said footways shall be t aken and measured from t h e curbstone, or exter ior edge thereof, as laid down in t he p l an aforesaid, w i thou t reference being in any m a n n e r bad to t he b r ead th of the carr iage-way adjoining there to , or any pa r t thereof, w h e t h e r such carriage-Avay in any p a r t exceeds t h e b read th of t he car r iage-way set for th in t h e not ice aforesaid or not .

(4) The curbstone, or exter ior edge of t he said footways, shal l in no case be placed or formed upon land not the re to Fore fo rming par t of t h e s t reet or footway, unless w i th t h e consent of t h e owner of t he land, or u n d e r and by v i r tue of t he Ac t four th W i l l i a m t h e F o u r t h , n u m b e r eleA'cn, and n u m b e r five, one thousand e ight hund red and ninety-seven, or any A c t a m e n d i n g the same.

(5) Provided t h a t in any toAvn in which t h e streets have been set out , a n d a l lo tments sold, in conformity Avith t he design, or any extens ion of t he design of such toAA'n, i t shal l be sufficient, in

lieu

l ieu of t he provisions hereinbefore conta ined, for t he Surveyor-General , or some person depu ted by h im, or any jus t ice or mun ic ipa l officer of such town, u n d e r t h e au thor i ty of t he Governor , to set ou t and m a r k t h e carr iage and foot ways of t h e streets a n d publ ic places in such towns, by p lac ing posts a t t h e corners and intersect ions of the s treets , or wherever t h e same m a y be desirable, so as to give a wid th of forty-two feet for the carr iage-way and twelve feet for the footway on each side, w h e n such streets are s ixty-six feet wide, and in proport ion and a t t h e discret ion of t he Surveyor-Genera l , or o ther person or officer, w h e n such streets a rc less t h a n t h e said wid th .

4 9 . Al l lands which have been or shall hereaf ter be left open and used as a carr iage or foot way wi th in a n y of the said towns, as well as all l and which has been or shall hereafter be formed in to a street w i th in any of t he said towns a t t he publ ic expense , shall be deemed a n d t a k e n to be dedicated to the publ ic , and shall no t be fenced in or reserved on a n y pre tence whatsoever, b u t shall be subject to all such and the l ike regulat ions , orders, powers, author i t ies , and provisions to which land used as a publ ic thoroughfare now is or hereafter shal l be subject by l a w :

Provided always tha t the Governor may pe rmi t and suffer t he owner or possessor of any land adjoining to any footway wi th in any of the said towns which has been heretofore left open and used as a carr iage or footway, to resume t h e possession of so m u c h of the said land as exceeds t he distance of twelve feet from the outer curbstone or ex ter ior edge of t h e footways wi th in t he said towns as a t present or hereafter to be laid down by the said Surveyor-Genera l or a n y person deputed b y h i m as to t he Governor seems fit, subject, however, to and under and upon such condit ions, regulat ions , and restr ict ions as shall be directed by the Governor respect ing t h e same.

5 0 . The Surveyor-Genera l or any person deputed by h im may , in t h e said city, and a n y person appointed by t h e Governor may , in any of t he said towns, cause any footway, set out and marked unde r any A c t hei*eby repealed or unde r this Act, to be levelled and m a d e as near ly as pract icable of an equa l he igh t and breadth , and wi th an equa l slope and incl inat ion, and m a y for such purpose remove and abate any flagging, steps, or o ther m a t t e r or t h i n g t h a t may injure or obs t ruct t h e said footway, or render it u n e q u a l or inconvenient , and which is now or may hereafter be erected or placed on the space marked out for such footway.

5 1 . (1) A n y person who, after the said footways have been so set ou t as aforesaid, desires to flag, pave, gravel, or p u t a curbs tone to the footway in t he front of his house shall , twenty-four hours a t t h e least before such work is begun , give not ice in wr i t i ng in t h e said ci ty to t h e ci ty surveyor, or in t he said towns to t h e Police Magis t ra te , of

such

such his in tent ion, and shall conform to t he direct ions of the said surveyor or Police Magis t r a t e as to t he l eng th , b read th , he ight , slope, and incl inat ion of such footvvav.

(2) Whosoeve r— commences any such work w i t h o u t giving the not ice hereinbefore

directed ; or, refuses or neglec ts to conform to t he directions of t he said surveyor

or Pol ice Magis t ra te , shall be l iable to a p e n a l t y not exceeding t en pounds .

(3) The said surveyor and his assis tants may , in t he said city, and two Jus t i ces , t h e Pol ice Magis t r a t e be ing one of t hem, may , in t he said towns, remove all work so executed cont rary to such direct ions.

52. (1) U p o n receipt of t he p lan ment ioned in section forty-eight , t h e Governor may , by not ice in the Gazet te , fix and declare t he dis tance from the curbs tone or exter ior edge of t h e said footway in any street or publ ic place in any such town wi th in wh ich i t shall no t be lawful to erect any bu i ld ing :

Provided t h a t such dis tance shall in no case exceed twelve feet unless wi th t he consent of the owner of t he land .

(2) Whosoever after the publ icat ion of such not ice erects any house , shop, or o ther bui ld ing , or allows any house, shop, or bu i ld ing to project or encroach in any par t , wi th in t he dis tance from the curbs tone or exter ior edge of t he footway fixed and declared in such n o t i c e ; or,

rebui lds any house , shop, or other bu i ld ing which is now erected wi th in the dis tance to be fixed and declared as aforesaid from t h e curbs tone or ex ter ior edge of t he said footway, in t he whole or in any par t , or makes any addi t ion or a l te ra t ion to t he same, except in conformity wi th the provisions hereof,

shal l be liable to a pena l ty of t w e n t y pounds . (3) If t h e said house, shop, or o ther bui ld ing, or any addi t ion

or project ion is not removed or abated wi th in one m o n t h after notice to t h a t effect has been served by the Police Magis t r a t e on t h e owner or occupier thereof, or left at his usua l place of abode, t he person so offending as aforesaid shall be l iable to a pena l ty of one p o u n d for every dav t h e same shal l r e m a i n no t r emoved or aba ted .

(1) I n a n y such case two or more Jus t ices , t h e Pol ice Magis t ra te be ing one of t hem, m a y g r a n t a w a r r a n t to cause t h e said house, shop, or o ther bui ld ing , and all addi t ions or a l tera t ions the re to , so far as the same m a y be cont ra ry to t h e provisions hereof, to be t a k e n down, and the mater ia l s thereof to be sold.

T h e charges of t a k i n g down t h e same shall be paid ou t of t he proceeds of such sale, and the surplus , if any, shall be paid to t he owner of such mater ia l s .

53 .

5 3 . (1) N o person shall begin to erect any house, shop, or other bu i ld ing in any street w i th in any of the said towns wi thou t first serving on t h e Police Magis t ra te a not ice in wr i t ing s ta t ing such in ten t ion and descr ibing the proposed s i tua t ion of t he bui lding.

(2) The said Police Mag i s t r a t e shall wi th in seven days after the receipt of such not ice furnish such person wi th a paper signed by the said Police Magis t ra te , specifying t h e provisions of th is A c t so far as the same re la te to t he erection of such shop, house, or other bu i ld ing .

(3) I f t he said Police Magis t ra te , wi thout reasonable cause, refuses or neglects to furnish such wr i t t en paper wi th in t he said seven days, he shall be liable to a pena l ty of t en pounds .

(4) Whosoever begins to erect any such house, shop, or o ther bu i ld ing w i t h o u t hav ing first served such not ice and received such paper shal l be liable to a pena l ty not exceeding t en pounds .

5 4 . (1) The city surveyor or o ther person appointed by h im m a y in t he said city, and any person appointed by the Governor m a y in t he said towns , m a r k upon the walls of any house t he n a m e of t h e street or place in wh ich i t is s i tuated, or such o ther notice as i t m a y be conducive to the publ ic convenience to affix, ei ther by pa in t ing t he same u p o n t h e walls or by affixing a board there to , upon which such not ice m a y be painted, and m a y also from t ime to t ime allot a n u m b e r to each house in every street or publ ic place.

(2) The occupier of every such house shall pa in t or affix such n u m b e r in legible charac ters upon the door of his house wi th in four teen days after wr i t t en notice, from the said surveyor or person appointed by t h e Governor, to t h a t effect, left a t his said house.

(3) Whosoever refuses or neglects to pa in t or affix such n u m b e r after such not ice as aforesaid shall be liable to a penal ty of t en shil l ings, a n d to t h e l ike pena l ty for every week dur ing which such refusal or neglect cont inues .

5 5 . N o t h i n g in th i s Ac t contained shall be deemed to interfere wi th t h e powers vested in any surveyor by the provisions of any o ther Act ,

5 6 . Whosoever a t any t ime wilfully obst ructs or molests any person h a v i n g t h e control of the streets or publ ic places, or any surveyor or any person whomsoever author ised to p u t in execut ion this Act , in t h e per formance of his du ty , shall be l iable to a pena l ty for t he first offence of five pounds , and for t he second offence of t en pounds , and for t h e th i rd or any subsequen t offence of twen ty pounds .

5 7 . A n y constable m a y apprehend any person w h o m he finds d r u n k in any street or public place a t any h o u r of t he day, and t ake h im before a' Ju s t i ce to be deal t w i th according to law.

A n y constable m a y apprehend all loose, idle, d runken or disorderly persons whom h e finds be tween sunset and t h e hou r of e ight in t he forenoon ly ing or loi ter ing in any street , h ighway, yard, or o ther

place

place and no t g iv ing a satisfactory accoun t of themselves, and deliver any person so apprehended in to t he custody of t he constable in a t t endance a t t h e neares t watch-house in order t h a t such person may be secured un t i l h e can be b r o u g h t before a Jus t i ce to be deal t wi th according to law or gives bail , in t he m a n n e r hereinafter ment ioned, for his appearance before a Jus t i ce , if such constable deems it p ruden t to t ake bai l .

5 8 . (1) W h e r e any person found ly ing or loi ter ing abou t as aforesaid, or charged wi th any pe t ty misdemeanour , is b r o u g h t wi thou t t he w a r r a n t of a Jus t i ce in to t h e cus tody of any constable d u r i n g his a t t endance a t any watch-house wi th in t h e said ci ty or towns, in t h e n i g h t - t i m e or in t h e dayt ime, if such person cannot be immedia te ly b r o u g h t before a Ju s t i ce such constable may, if he shall deem it p ruden t , t ake bail by recognizance wi th or w i t h o u t sureties, w i thou t any fee or reward , f rom such person, condit ioned t h a t such person shall appear for examina t ion before a Jus t i ce or a t t he nex t ensu ing s i t t ing of t h e Cour t of P e t t y Sessions for t he distr ict in which he has been apprehended, a t a t ime and place to be ment ioned in such recognizance.

(2) Every recognizance so t aken shall be of equal obligation on t h e par t ies en te r ing in to the same, and liable to t he same proceedings for the es t rea t ing thereof as if the same h a d been t aken before a Jus t i ce .

(3) The constable shall en te r in a book to be k e p t for t h a t purpose in every watch-house t h e names , residence, and occupat ion of t he par ty , and his sure ty or sureties (if a n y ) , en te r ing into such recog­nizance, toge ther w i t h t he condit ion thereof, a n d the sums respectively acknowledged, and shall lay t he same before such Jus t ice as shall be presen t a t t he t i m e and place w h e n and where t h e pa r ty is required to appear .

(4) I f the pa r ty does not appear a t t he t ime and place required, or within one hour thereaf ter , the Jus t i ce shall cause a record of such recognizance to be d rawn u p and signed by the constable, and shall r e t u r n t h e same to t he n e x t Cour t of Q u a r t e r Sessions, w i t h a certificate a t t h e back thereof, signed by such Jus t i ce , t h a t the pa r ty lias not complied wi th t he obligat ion there in con ta ined ; and the Clerk of the Peace shall m a k e t h e l ike estreats and schedules of every such recognizance as of recognizances forfeited in Qua r t e r Sessions.

(5) If the pa r ty not appear ing applies by a n y person on his behalf for a pos tponement of t h e hea r ing of t he charge agains t h im, a n d t h e Jus t i ce consents there to , t h e Jus t i ce m a y enlarge t h e recog­nizance to such fur ther t ime as h e shal l appoint .

(6) W h e n the m a t t e r is hea rd and de te rmined ei ther by the dismissal of t h e case or by b ind ing t h e pa r ty over to answer t he m a t t e r thereof a t t he Sessions or otherwise, t he recognizance for t he appearance of t h e pa r ty before a J u s t i c e shall be d ischarged w i t h o u t fee or reward.

5 9 .

5 9 . Whosoever , assaults or resists, or aids or incites any person to assaul t or resist, any constable in t he execut ion of his du ty , shall be l iable to a pena l ty not exceeding live pounds .

6 0 . Whosoever not be ing a licensee wi th in t he m e a n i n g of the L iquor Act , 189S, knowing ly harbours or enter ta ins any constable, or pe rmi t s any constable to abide or r emain in his house, shop, room, or o the r place du r ing any pa r t of the t ime appointed for his be ing on d u t y elsewhere, shall be l iable to a pena l ty not exceeding five pounds .

6 1 . Whosoever t rades or deals, or keeps open any shop, store, or other place, for the purpose of t r ad ing or deal ing on Sunday ( the shops or houses of bu tche r s , bakers, f ishmongers , and greengrocers , un t i l t he h o u r of ten in the forenoon, and of bakers , be tween the hours of one and two in t h e af ternoon, and of apothecar ies at any hour , only excepted) , shall be liable to a pena l ty not exceeding three pounds :

Provided tha t no th ing here in conta ined shall affect the provi­sions of t h e A c t forty-seven Victor ia n u m b e r e ight .

6 2 . Whosoever , be ing the owner or occupier of any publ ic bil l iard room or o ther publ ic place of amusemen t , permi t s or suffers any one to p lay in his house or premises any game on Sunday, shall be liable to a pena l ty not exceeding five pounds .

6 3 . A n y Jus t ice may , and he is hereby required to disperse, or cause to be dispersed, all persons ga the r ing together on Sunday in any publ ic or open place wi th in the said city or towns , or wi th in five miles of any p a r t of t h e said ci ty for t he purpose of gambl ing , or p laying a t any game ; and to t ake and seize, or cause to be t aken and seized any implements , i n s t rumen t s , or animals used, or in tended to be used there in , and to destroy or carry away t h e same, and all persons ac tua l ly gambl ing or p lay ing as aforesaid shal l be prosecuted according to law.

6 4 . Whosoever damages any publ ic bui ld ing, wall , parape t , sluice, br idge , road, street , sewer, watercourse , or other publ ic proper ty shall be l iable to pay the cost of repa i r ing t he same, and if t h e damage was wilfully done, to a pena l ty no t exceeding t w e n t y pounds .

6 5 . Whosoever casts any filth or rubbish in to any watercourse, sewer, or canal , or obs t ructs or diver ts f rom its channe l any public watercourse , seAver, or canal , shal l he l iable to pay the cost of removing such filth or obstruct ion, or of res tor ing such. Avatercourse, sewer, or canal to its proper channe l , and to a pena l ty not exceeding five pounds .

6 6 . WhosoeA'er damages any publ ic founta in , p u m p , cock, or water-pipe , shall be l iable to pay the cost of repa i r ing t he same, and if t he damage Avas wilfully done shal l be l iable to a pena l ty not exceeding twen ty pounds .

6 7 . Whosoever has in his possession any pr ivate key for the purpose of opening any cock, or in any m a n n e r un lawful ly appro­pr ia tes to his use any Avater f rom a n y publ ic founta in or pipe shall be l iable to a pena l ty not exceeding t w e n t y pounds . 6 8 .

6 8 . Whosoever opens or leaves open any cock of any publ ic founta in or p u m p so t h a t t h e wa te r r u n s or may r u n to waste shall be l iable to a pena l ty no t exceeding two pounds .

6 9 . Whosoever washes any clothes a t any publ ic founta in or p u m p shal l be liable to a pena l ty not exceeding one pound .

7 0 . Whosoever in any street or publ ic place beats or dusts any carpet , or flies any k i te , or drives a n y vehicle for t he purpose of b reak ing , exercising, or t r y ing any horse, or rides any horse for t h e purpose of exercising, t ry ing , showing, or exposing such horse for sale (otherwise t h a n by passing t h r o u g h such streets or publ ic places while so d r iv ing or r iding) shall be liable to a penal ty not exceeding two pounds .

7 1 . Whosoeve r— places, or causes or pe rmi t s to be placed, any rubbish , dead an imal ,

filth, or o ther m a t t e r or t h i n g upon a n y street or publ ic p lace; or, s laughters , dresses, scalds, or cu ts u p any an ima l in any s t reet or

publ ic place, or so near the re to t h a t a n y blood or filth shall flow or be the reon ; or,

drives, draws, places, or causes, or pe rmi t s to be driven, d rawn, or placed u p o n any footway of any s treet or publ ic place a n y vehicle or any wheel or barrow, or any cask ; or,

wilfully leads, drives, or rides a n y horse, ass, or other beast upon any such footway,

shall be liable to a pena l ty not exceeding two pounds . 7 2 . (1) AVhosoever—

places, or causes or pe rmi t s to be placed, any show-board, chopping-block, merchandise , cask, or goods of any k ind whatsoever upon or over a n y street or publ ic place ; or,

hoops or cleans, or causes to be hooped or cleaned, any cask or vessel upon or over a n y street or publ ic p l a c e ; or,

places, or causes or permits to be placed, any vehicle or barrow upon a n y s treet or publ ic place, except for t he necessary t ime of harness ing or unha rnes s ing the horse or o ther an imal , or of loading or un load ing , or of t a k i n g u p or se t t ing down a n y fare, or of wai t ing for passengers w h e n actual ly hired ; or,

excep t by lawful permission gran ted in pu r suance of any s t a tu to ry au thor i ty , places, or causes or permi ts to be placed, any bu i ld ing mater ia l , or any other m a t t e r or t h i n g whatsoever , u p o n or over any s t ree t or publ ic place ; or,

hangs out or exposes, or causes or permi ts to be h u n g ou t or exposed, a n y m a t t e r or t h i n g whatsoever f rom any house or premises over or n e x t u n t o a n y p a r t of any street or publ ic place, or over a n y area of a n y house or premises,

and does not immedia te ly remove t h e same on being requ i red so to do b y any Jus t i ce or constable , shall be liable to a pena l ty no t exceeding two pounds . (2)

(2) W h e r e any such t h i n g lias not been so removed as aforesaid, a n y Jus t i ce or constable m a y wi thou t any w a r r a n t seize t h e same, toge ther wi th t he horse or other an ima l if any t he reun to be longing , and the harness and gear thereof.

(3) I n case any of t he t h ings so seized are per ishable or are ar t icles of food, the same shal l be immedia te ly forfeited, and t h e person who seizes shal l deliver t he same, in t he said city, to t he supe r in t enden t of t he Benevolent A s y l u m for t he benefit of t he inma tes thereof, and, in t he said towns , to t h e s torekeeper of t h e Benevolen t Society for t h e benefit of those suppor ted by the said Soc ie ty : P ro ­vided t h a t in a n y t o w n where no Benevolent Society is establ ished the Police Magis t r a t e may dispose of any such t h i n g or ar t ic le towards any char i tab le purpose.

I n al l o ther cases such Jus t i ce or constable shall cause t he t h ing , an imal , or gear so seized to be removed to t he place appointed for t he recept ion thereof, if any such there be, or otherwise to such place or places as h e deems convenient , g iving verbal or wr i t t en not ice of such place or places to t he owner, driver, or o the r person in teres ted in t he same, if he is t hen present , and t h e same shal l be the re kep t and detained un t i l such owner, driver, or other person in teres ted as aforesaid pays t h e pena l ty inflicted, together wi th t he charges for t a k i n g and r emov ing such t h i n g and of keeping such an imal .

(4) Unless the th ing , an imal , or gear so removed is claimed, and the said pena l ty and charges paid wi th in five days n e x t after such removal , the said Jus t i ce m a y order t he same to be appraised and sold, a n d t h e overplus (if any) of t h e money ar i s ing from such sale after deduc t ing the said pena l ty and such costs, charges, and expenses a t t end ing such seizing, removing , keeping, apprais ing, a n d sell ing as t h e said Jus t ice shal l ascer ta in and allow shal l be paid to t h e owner thereof.

7 3 . W h e r e any person has been requi red unde r t he provisions of t h e last preceding section to remove any t h i n g the re in ment ioned , and af te rwards places, hangs out , or exposes, or causes or pe rmi t s to be placed, h u n g out , or exposed, as in t he said section ment ioned, the same or any other such t h ing , no second not ice shal l be necessary, b u t such person shall be l iable to t he same pena l ty , and the said th ings m a y be seized and dealt wi th as in t h e said section ment ioned .

7 4 . No th ing in this Ac t conta ined shall be deemed to prevent a n y person from plac ing an a w n i n g in front of his shop or h o u s e :

Provided, however, t h a t such awning is at least seven feet above t h e he igh t of t he footway in front of such house or shop, a n d t h a t t he posts a re placed close u p to t h e curbs tone or outer edge of such footway.

7 5 . Whosoever discharges a n y firearm w i t h o u t lawful cause or le ts off any firework in any street or publ ic place shal l be liable to a penal ty not exceeding five pounds :

Provided

Provided t h a t the provisions of th is section shal l no t apply to persons whi le engaged in any mi l i ta ry d u t y or exercise, or whi le shoot ing a t a m a r k or t a rge t for any purpose connected wi th t he dut ies of t he mi l i t a ry or vo lun teer force or of t h e police force wi th in t he boundar ies of t he area appropr ia ted for such purposes in t h e said city.

7 6 . "Whosoever bu rns any shavings, or o ther th ings in any street or publ ic place shal l be liable to a pena l ty no t exceeding two pounds .

7 7 . "Whosoever ba thes in any p a r t of Sydney Cove, or in any waters exposed to view r from any wharf, s t reet , publ ic place, or dwell ing-house in or near t he said ci ty or towns be tween t h e hours of six o'clock in t h e m o r n i n g and e ight in t he evening shall be liable to a p e n a l t y not exceeding one pound .

7 8 . Whosoever offends aga ins t decency by the exposure of his person in, or in the view of, any street or publ ic place shall be liable to a pena l ty not exceeding t en pounds .

7 9 . Whosoever keeps, any k ind of swine in any house, bui ld ing, yard, garden, or o ther he red i t aments s i tua te in, or w i th in forty yards of, a n y s treet or publ ic place shall be liable to a pena l ty not exceeding two pounds .

8 0 . Whosoever suffers any k ind of swine, or any horse, ass, mu le , sheep, goat, or o ther ca t t le belonging to h im, or unde r his charge, to s t ray or go about or to be t e thered or depas tured in any s treet or publ ic place shal l be liable to a pena l ty not exceeding two pounds .

8 1 . (1) A n y two Jus t ices upon the compla in t of any i nhab i t an t t h a t any pr ivy, hog-stye, or o ther m a t t e r or t h i n g is a nuisance, and after due inves t igat ion of such complaint , m a y by not ice in wr i t i ng order t h e owner or occupier of the premises where in such nu isance exists to r emedy or remove the same wi th in seven days after such notice has been given to such owner or occupier, or has been left for such owner or occupier a t his last or usua l p lace of abode, or on t h e said premises.

(2) Whosoever , be ing such occupier, neglects to r emedy or remove such nu isance p u r s u a n t to such notice and to the satisfaction of such Jus t i ces shall be l iable to a pena l ty of t en pounds .

(3) Such Jus t i ce s m a y indict or cause any person so disobeying any such not ice to be indicted for such nuisance a t t h e n e x t Cour t of Q u a r t e r Sessions to be held neares t to such premises, a n d such person being found gu i l ty thereof shall be l iable to such p u n i s h m e n t for the misdemeanour as the said Court of Q u a r t e r Sessions m a y direct, and such nuisance shall be removed, t a k e n down, and aba ted according to law with r ega rd to publ ic or common nuisances .

8 2 . Whosoever , be ing the owner or occupier of any house or place, neglec ts to keep clean all p r iva te avenues , passages, yards , and ways wi th in t h e said premises so as by such neglec t to cause a nu i sance by offensive smell or otherwise, shal l be l iable to a pena l ty no t exceeding two pounds . 8 3 .

8 3 . (1) Any Jus t i ce or any constable au thor ised and deputed by any wr i t ing unde r the h a n d of any Jus t i ce may , as often as he sees occasion, inspect the b u t c h e r s ' shambles and s laughter -houses , and give such directions concern ing the c leansing thereof, bo th wi th in and wi thout , as to h im seems needful .

(2) Whosoever be ing a bu tche r or t he owner or occupier of any such shamble or s laughte r -house

obstructs or molests any such Jus t i ce or constable in t he inspection thereof ; or,

refuses or neglects to comply wi th such directions wi th in a reasonable t ime ,

shall , upon the view of any such Jus t ice , or on convict ion on the com­pla in t of any such constable, be liable to a pena l ty not exceeding two pounds .

8 4 . ( 1 ) Whosoever hau l s or draws, or causes to be hau led or d rawn upon any p a r t of any street or publ ic place, any t imber , stone, or o ther t h i n g otherwise t h a n upon wheeled carriages, or suffers any t imber , s tone, or other t h i n g carried pr inc ipa l ly or in pa r t upon wheeled carr iages, to d rag or t ra i l upon any pa r t of such street or publ ic place to the in ju ry thereof, or to h a n g over any par t of any such carr iage so as to occupy or obs t ruc t the s t ree t beyond the b r ead th of the said carr iage, shall be liable to a penal ty not exceeding two pounds over and above the damages occasioned the reby .

8 5 . Whosoever be ing the owner or occupier of any house, bui ld ing, or premises wi th in the said towns h a v i n g any en t rance , area, garden, or o ther open space adjoining t h e footway of a n y street or publ ic place benea th t he level of t h e curbs tone or exter ior edge of such footway, or any steps adjoining the footway of any such street or publ ic place, fails to protect and guard the same by sufficient rails or other enclosures so as to p reven t danger to persons passing, shall be l iable to a penal ty no t exceeding five pounds .

8 6 . Whosoever , be ing t h e owner or occupier of any house, bui ld ing, or premises hav ing any rails or bars over t h e areas or openings to a n y k i tchen , cellar, or other pa r t of t he said house, bui ld ing, or premises benea th t h e surface of t he footway of a n y s treet or pub l i c place or any doorway or en t rance in to t h e basement or cellar story thereof,

does not c i ther keep the same or t he rails of such k i t chens , cellars, or o ther pa r t in sufficient repair , and securely guard and cons tan t ly keep t h e same securely guarded by rails, or cover the same over w i th a s t rong flap or t rap-door according to t h e n a t u r e of t he case, a n d so as to prevent danger to any persons pas s ing ; or,

leaves open or does not sufficiently and subs tant ia l ly cover and keep covered and secured any coal-hole or o the r hole, funnel , trap-door,

or

or cellar-flap be longing to or connected wi th his house , bui ld ing, or premises (save a n d except only d u r i n g such reasonable t ime as m a y be necessary for use, a l tera t ion, or repai r ) ; or,

does no t repair and from t ime to t i m e keep in good and subs tan t ia l repair such rails, flaps, trap-doors, and o ther covering,

shal l be l iable to a pena l ty no t exceeding five pounds . 8 7 . Whosoever makes a n y cellar or any opening , door, or

window in or benea th t h e surface of t he footway of any s t reet or publ ic place, shall be liable to a pena l ty not exceeding five pounds over and above t h e expense of remedying or removing such cellar, opening, door, or window, such expense to be assessed and allowed by the J u s t i c e who bears t h e case.

8 8 . Whosoever— makes or causes to be made , or leaves or causes to be left, any hole

in or adjoining to any s t ree t or publ ic place for any purpose what ­soever, and does not for thwi th enclose t he same in a sufficient m a n n e r in t he said ci ty to t he sat isfaction of t he c i ty surveyor, and in t he said towns to the satisfaction of t he Police Magis t r a t e ; or,

keeps u p or causes to be k e p t u p any such enclosure for a n y t ime longer t h a n is absolutely necessary in t he opinion, in t he said ci ty, of t he ci ty surveyor, or, in t h e said towns , of t h e Police M a g i s t r a t e ; or,

does not w h e n t h e r e u n t o requi red in t h e said ci ty by the ci ty surveyor, or in t he said towns by the Pol ice Mag i s t r a t e , sufficiently fence or enclose any such hole wi th in twen ty- four hours after he has been requi red to do so, in t h e m a n n e r and wi th such mater ia ls as t he said surveyor or Police Mag i s t r a t e directs , and to his sat isfact ion; or,

does not place a sufficient l ight u p o n t h e said enc losu re ; or, does not keep such l igh t cons tan t ly b u r n i n g from sunset to sunrise

du r ing the con t inuance of such enclosure, shal l be liable to a pena l ty not exceeding five pounds .

8 9 . Whosoever be ing t h e owner or occupier of any bui ld ing fails to provide such bu i ld ing wi th gu t t e r s or o ther means to prevent ra in from dropp ing from the eaves thereof upon any pa r t of t he foot­ways of a n y s treet or publ ic place shall be l iable to a pena l ty of fivq shil l ings, and to a l ike pena l ty for every day t h a t such defaul t cont inues .

9 0 . Whosoever— drives or causes to be dr iven any vehicle w i th any night -soi l or

ammoniaca l l iquor there in t h r o u g h or in any s treet or publ ic place be tween t h e hours of five o'clock in t he m o r n i n g a n d t en o'clock a t n i g h t ; or,

fills

fills any vehicle so as to t u r n over or cast any night-soi l , ammoniaca l l iquor , slop, mire , or channel dirt , or filth, in or upon, or near to, any s t reet or publ ic place,

shall be liable to a penal ty not exceeding five pounds . 9 1 . Whosoever—

empties or begins to empty any pr ivy, or t ake away night-soi l from any house or premises wi th in any s treet or publ ic place, or comes wi th any vehicle for t h a t purpose, except be tween the hours of t en a t n i g h t and five in the m o r n i n g ; or,

casts out of any car t or t u b , or otherwise, any night-soi l in or near any s t reet or publ ic place,

shall be l iable to impr i sonment for a t e r m not exceeding one m o n t h . 9 2 . Whosoever—

is the owner of any vehicle in which any night-soil or other m a t t e r is placed by any person contrary to the provisions of section n i n e t y ; or,

is t h e employer of any person so offending, shall if such person cannot be apprehended be liable to a penal ty not exceeding five pounds.

9 3 . Whosoeve r— is t h e owner of any vehicle or an ima l employed in a n d about

e m p t y i n g and removing night-soi l cont rary to t he provisions of section n ine ty-one , or coming for t h a t purpose (save and except w i th in t he hours in t he said section m e n t i o n e d ) ; or,

is the employer of any person who casts out any night-soi l cont rary to t he provisions of t he said section,

shall be l iable to a pena l ty not exceeding five pounds . 9 4 . ( 1 ) Whosoever wan ton ly or maliciously breaks or injures

any l amp or lamp-post , or ex t inguishes any l a m p set u p for publ ic or p r iva te convenience, shall be liable over and above t h e necessary expense of repai r ing the in ju ry commit ted , to be es t imated by the Jus t i ce before whom such offender is b rough t , to a pena l ty not exceeding five pounds.

9 5 . (1) W h o s o e v e r -th rows or causes to be t h rown any dead an imal in to any p a r t of

Sydney Cove or Dar l i ng Harbou r , or into any s t reet or publ ic place, or into any river, creek, or other s t ream which flows by or t h r o u g h any such street or publ ic place ; or,

leaves or causes to be loft any dead an imal upon the shores of Sydney Cove or Dar l ing H a r b o u r , or of any such river, creek, or o ther s t ream as aforesaid,

shal l be liable to a pena l ty not exceeding one pound. 9 6 . ( 1 ) A n y ])crson who desires to blas t any rock wi th in the

l imits of the said c i ty or towns , shall give notice in wr i t ing twen ty-four hours previously, in t he said ci ty to the ci ty surveyor, or in

the

t h e said towns to t h e Pol ice Mag i s t r a t e , who shall give directions in wr i t ing as to t h e t ime w h e n t h e same may t ake place, and as to such o ther ma t t e r s as he deems necessary for the publ ic safety.

(2) Whosoeve r— blasts or causes to be blasted any rock wi th in t h e l imi ts aforesaid

w i t h o u t g iv ing such not ice and obta in ing such d i rec t ions ; or, decs no t conform to t h e directions givcfi to h im as aforesaid,

shal l be l iable to a pena l ty not exceeding twen ty pounds . (3) The proof of such not ice and directions as aforesaid

shall be on the person charged. 9 7 . Whosoever—

wanton ly b reaks u p or o therwise damages any par t of any s treet or publ ic p l a c e ; or,

w i t h o u t s ta tu tory au tho r i t y or t he leave first had and obtained in t he said ci ty of t h e city surveyor, or in t he said towns of t he Pol ice Magis t ra te , forms, digs, or opens any drain or sewer in any s treet or pub l i c place ; or,

w i t h o u t such au thor i ty or leave as aforesaid, removes or causes to be removed, any soil, s tone, or o ther mater ia l from any pa r t of any street or publ ic place,

shall be l iable to a pena l ty no t exceeding five pounds . 9 8 . (1) Whosoeve r—

in any m a n n e r wilfully p reven t s any person from pass ing h i m or any vehicle unde r his care u p o n any s t reet or publ ic p l a c e ; or,

rides upon t h e shafts of any A rehicle whatsoever in a n y s treet or pub l i c place,

shal l be l iable to a pena l ty n o t exceeding two pounds . 9 9 . Whosoever rides or drives t h r o u g h any s treet or publ ic

place so neg l igen t ly or furiously as to endanger t h e safety of any person, or of t h e publ ic , shall be l iable to a pena l ty no t exceeding ten pounds .

1 0 0 . Whosoever— pastes or otherwise affixes any p lacard or other pape r upon any

Avail or b u i l d i n g ; or, defaces any such Avail or bu i ld ing by cha lk or pa in t or in any other

manne r , shal l on convict ion, upon the compla in t of t he OAvner or occupier of a n y such Avail or bu i ld ing , be liable to a pena l ty no t exceeding one pound .

P A P T

P A R T I V . Special constables.

1 0 1 . ( 1 ) I n all cases where it appears to a Police Magis t ra te , or any two Jus t ices , t h a t any t u m u l t , riot, or felony has t aken place, or may he reasonably apprehended in any city, town, or place, and he or they are of opinion t h a t t he ord inary constables or officers appointed for preserv ing the peace arc not sufficient for the preservat ion of the peace, a n d for t h e protect ion of t h e i nhab i t an t s and t h e secur i ty of the i r p roper ty , or for t he apprehension of offenders, any Police Magis­t r a t e , or any two Jus t i ces , m a y nomina te and appoint by precept in wr i t ing unde r his or the i r hands , so m a n y as he or they t h i n k fit of the householders , or o ther persons (not legally exempt from serving t h e office of constable) res iding in or near to such city, town, or place, to ac t as special constables for such t ime and in such m a n n e r as to t he said Pol ice Magis t ra te or Jus t i ces seems fit and necessary for the publ ic peace, and for the protect ion of t h e inhab i tan t s and the securi ty of t he p roper ty in or near such city, town, or place.

(2) The Police Magis t ra te or Jus t i ces who appoin t any special constables by v i r tue of this A c t arc hereby au thor i sed to admin i s te r to every person so appointed t he following oath, t h a t is to say :—

I , A . B . , do swear t ha t I Avill well and t ru ly serve our Sovereign Lord t he K i n g in t h e office of special constable for the [city, town, or place, as the case may be\ w i thou t favour or affection, malice, or ill-will, and t h a t I will to t h e best of m y power cause t he peace to be k e p t and preserved, and prevent all offences against t he persons and propert ies of H i s Majes ty ' s subjects, a n d t h a t while I con t inue to hold t he said office, I will , to t he best of m y skill and knowledge, d ischarge all t he dut ies thereof fai thful ly according to l a w — So he lp m e GOD.

(3) W h e n e v e r i t is deemed necessary to nomina t e and appoin t such special constables as aforesaid, not ice thereof shal l be fo r thwi th t r ansmi t t ed by the said Police Magis t r a t e or Jus t i ces to t he Colonial Secretary.

1 0 2 . The Police Magis t ra te or Jus t ices who have appoin ted any special constables u n d e r th is A c t when such special constables have been called out shal l have power to m a k e such orders and regula t ions as m a y from t i m e to t ime be necessary and expedient for render ing such special constables more efficient for the preservat ion of t he publ ic peace, and shall also have power to remove any such special constable from his office for any misconduct or neglect of d u t y therein .

1 0 3 . E v e r y special constable appoin ted u n d e r th i s A c t shall have , exercise, and enjoy all such powers, author i t ies , advantages , and

E immuni t ies ,

immuni t i e s , and be l iable to all such dut ies and responsibili t ies as a n y constable duly appointed now has b y v i r tue of t h e Common Law, or of any Ac t or Imper i a l Act .

1 0 4 . Whosoever , be ing appointed a special constable as afore­said, refuses to t ake t h e oa th hereinbefore ment ioned w h e n t h e r e u n t o requi red by the Police Mag i s t r a t e or Jus t i ces appoin t ing h im, shal l be liable to a pena l ty not exceeding t w e n t y pounds .

1 0 5 . W h o s o e v e r — being appointed a sr>ecial constable as aforesaid neglects to appear

a t the t ime and place for which he is summoned for t he purpose of t a k i n g t h e said o a t h ; or,

hav ing been appointed and sworn as a special constable as aforesaid, and being called upon to serve, neglec ts or refuses to serve as such special constable or to obey such lawful orders and directions as m a y be given to h i m by the Police Magis t ra te , or any Jus t ice , or any chief constable, or inspector of police, or o ther officer under whose orders he may be placed for t he performances of the dut ies of his office,

shall, unless he proves to t he satisfaction of t h e J u s t i c e t h a t he w*as prevented by sickness or some other unavoidable cause such as shall in t he j u d g m e n t of t he said Jus t i ce be a sufficient excuse, be liable to a pena l ty no t exceeding t en pounds .

1 0 6 . The Police Magis t ra te or Jus t i ces who have appoin ted any special constables under this A c t for any city, town, or place, may , if such special constables have been called out , suspend or de te rmine t h e services of all such special constables or of so m a n y as to t he said Police Magis t ra te or Jus t ices s i t t ing in pe t t y sessions in such ci ty, town, or place shall seem m e e t .

Not ice of such suspension or de te rmina t ion of t he services of all or any of t he said special constables shal l be t r ansmi t t ed for thwi th by t h e said Police Magis t ra te or such Jus t i ces to t he Colonial Secretary.

1 0 7 . E v e r y special constable shall for thwi th after the expi ra t ion of his office or after he ceases to hold and exercise t h e same pu r suan t to this A c t deliver over to his successor, if any such has been appointed , or to such person and at such t ime and place as m a y be directed by the Police Mag i s t r a t e or such Jus t i ces all a rms , staves, weapons, and o ther art icles which have been provided for such special constable under th i s Ac t .

A n y such special constable who omits or refuses so to do shall be liable to a pena l ty no t exceeding t e n pounds .

1 0 8 . Whosoever assaul ts or resists any special constable whi ls t in t h e execut ion of his office, or promotes , incites, or encourages any o ther person so to do shall be liable to a pena l ty no t exceeding ten pounds or to impr i sonment for a n y t e r m not exceeding six m o n t h s wi th or w i t h o u t hard labour.

P A R T

P A R T V.

Procedure.

1 0 9 . Al l compla in ts of offences aga ins t th i s Ac t shal l he heard and de termined in a s u m m a r y m a n n e r before a Jus t i ce .

1 1 0 . (1) The Jus t i ce before g r a n t i n g a summons in respect of any offence u n d e r th is Ac t may requ i re t h a t an informat ion or compla in t in wr i t ing be laid.

(2) A m e m o r a n d u m in wr i t ing in t he form or to t he effect set for th in t he F o u r t h Schedule shall be k e p t of t he subs tance of every charge for which a summons is issued.

1 1 1 . If a n y person charged wi th an offence unde r th i s Ac t is convicted t h e Jus t i ce shal l order h i m to pay the costs of t he proceedings, which costs shall be assessed by such Jus t i ce .

1 1 2 . N o person shall be convicted of any offence aga ins t this Act after t h e expirat ion after t he commission of such offence of t h e t ime following, t h a t is to say :—

W h e r e the offence is unde r Pa r t s I I and I V — a f t e r six mon ths ; W h e r e t he offence is unde r P a r t I I I — a f t e r one m o n t h .

1 1 3 . The whole a m o u n t of all penal t ies recovered unde r sections six and seven shal l be paid into t he Consolidated Revenue .

1 1 4 . (1) All act ions and prosecutions to be commenced against any person for a n y t h i n g done in pu r suance of th is A c t shall be commenced wi th in two mon ths after the ac t was commit ted .

(2) Not ice in wr i t ing of any such act ion and of t he cause thereof shall be given to t h e defendant one m o n t h a t least before t h e commencemen t of t he action.

(3) I n any such act ion the defendant m a y plead the general issue and give this Ac t and t h e special m a t t e r in evidence.

(4) No plaintiff shall recover in any such action if t ende r of sufficient amends has been m a d e before action, or if af ter act ion a sufficient s u m of money, toge ther wi th the costs incurred up to t h a t t ime, has been paid into Cour t on behalf of t he defendant .

(5) I n a n y such action if a verdict is given for t he defendant , or t h e plaintiff becomes non-sui ted or discontinues after issue joined, or if upon demur re r or otherwise j u d g m e n t is given agains t t he plaintiff, t he defendant shall recover his full costs as be tween a t to rney and client, and have t h e l ike r emedy for the same as any defendant has by law in other cases, and if a verdict is given for t he plaintiff he shall not have costs aga ins t the defendant unless t h e J u d g e before w h o m the trial is held certifies his approbat ion of t he act ion and of t he verdict obta ined the reupon .

S C H E D U L E S .

S C H E D U L E S .

F I R S T S C H E D U L E . Repeal of Acts.

Reference to Act. Title or short title. Extent of repeal.

2 W i n . I V N o . 1 2 . . . A n Ac t for repea l ing so much of [ the Ac t G Geo . I V N o . 20] as re la tes to t he levying of tolls in N e w South W a l e s , and for ra is ing a fund for making, repai r ing , and uphold ing public roads, bridges, and ferr ies , and for regu la t ing t h e collection of tolls thereon .

Sec. 24 from t h e words " or if any person or persons shall make any f i r e " down to and in­cluding the words "any carr iage u n d e r his, her, or the i r care u p o n any such road." Sees. 25, 26, 28 , and 29.

4 'Wiii. I V . N o . 7 ... A n Ac t for r egu la t ing t he police in t he t own and por t of Sydney, and for removing and preven t ing nuisances and obst ruct ions there in .

All h i ther to unrepea led , except sec. 35 .

2 Vic. N o . 2 A n A c t for r egu la t ing t he police in the towns of P a r r a m a t t a , Windsor , Mai t land , B a t h u r s t , and o ther towns respectively, and for removing and preven t ing nuisances and obstruct ions, and for the be t t e r a l i gnmen t of s t ree t s there in .

Al l h i ther to unrepealed.

2 Vic. N o . 3 A n A c t to a l ter and amend an Ac t in t i tu led an Ac t for r egu la t ing t he police in the town and por t of Sydney, and for removing and prevent ing nuisances and obst ruct ions there in .

The whole.

5 Vic . N o . 3 A n A c t to prohibi t shooting for sport , p leasure , or profit on Sunday .

The whole.

11 Vic. N o . 44 A n Act to amend t h e A c t for regu la t ing t he police in t he towns of P a r r a m a t t a , W i n d s o r , Ma i t l and , B a t h u r s t , and o ther towns respectively, a n d for removing and p reven t ing nuisances and obstruct ions , and for t he be t t e r a l ignment of s t r ee t s there in .

The whole.

17 Vic. N o . 25 A n A c t to extend to the Sydney hamle t s cer ta in of the provisions of the Sydney Police Act .

Al l h i t he r to unrepea led .

17 Vic. No . 31 A n Ac t to make fur ther police regula­t ions for t he city, por t , and hamle ts of Sydney.

All h i the r to unrepealed .

18 Vic. N o . 27 A n Ac t for p ro tec t ing enclosed lands from in t rus ion and t respass , s

Sec. 5.

19 Vic. N o . 10 A n A c t to amend the Coun t ry Towns Police Ac t as respects t he a l ignment of s t ree ts .

The whole.

F I R S T

F I R S T S C H E D U L E — c o n t i n u e d .

Reference to Aet. Title or short tille. Extent of repeal.

19 Vic. No . 21 A n Act to make fur ther police regula­t ions for the city, por t , and hamlets of Sydney and o ther towns and places in the Colony of New South Wales .

All h i ther to unrepealed , except sec. 7.

30 V ic . N o . 5 :i2 Vic. N o . 7 36 Vic. N o . 18

The D r u n k a r d s ' P u n i s h m e n t Act of I860 Police Regula t ion Extens ion Act The Angora Goals Protec t ion Act of

187;}.

The whole. The whole. So much of see. 1 as

re la tes to section 5 of 18 V i c . N o . 27.

4 1 Vic . N o . 12 Met ropo l i t an Police Act Extens ion Act of 1878.

The whole.

43 Vic . N o . 3 55 Vic. No . 5

The Sydney Corporat ion A c t of 1879 . . . Criminal Law and Evidence Amendmen t

Ac t of 1891.

Sec. 68, 234. Sec. 23 .

N o . 7 1 , 1900 The Jus t ices Acts A m e n d m e n t Ac t of 1900.

Sec. 8.

S E C O N D S C H E D U L E . Description of the City of Sydney, and of Sydney Cove and of Darling Harbour.

C I T Y o p S Y D N E Y .

Commencing in the cen t re of Pa r ramal t a - s t r ee t , a t its junct ion with P a y - s t r e e t ; thence on t he west by a s t ra ight line along the cen t re of Bay-s t ree t and its prolongat ion to t he eas te rn shore of Blackwat t lc Cove ; thence again on the west, and on the nor th­west, nor th-nor th-eas t , and east, by the waters of P o r t Jackson to the cen t re of the bridge a t the foot of Wil l iam-s t ree t Eas t ; thence on t he east by the s t ream en te r ing R u s h c u t t e r ' s Bay to a culver t on t he South H e a d Old Road, a t t he nor th-wes t corner of Sydney Common ; thence again on t he cast by t he cen t re of Dowling-s t reet to a point where it in tersec ts the southern boundary of t he Borough of Padd ing ton ; thence on t he nor th by t h a t boundary to its in tersect ion with t he cent re of B e g e n t - s t r e e t ; t hence by the cent re of Le ins te r - s t ree t to the cen t re of Gordon-s t r ee t ; thence by t he cen t re of tha t s t reet to the no r t h side of P a r k Road ; thence by the no r t h side of tha t road to t he south-eas te rn angle of St . Mat th ias ' s Church land ; thence by the south-eastern and eas te rn boundar ies of t h a t land to the southern a l ignment of t h e South H e a d Old R o a d ; thence by t he sou the rn a l ignment of tha t road easter ly to its in tersect ion with t he l ine laid down, marked ou t by s tone posts, and deemed to bo the dividing-line be tween the Sydney Common and the W a t e r Reserve ; thence again on t he east by the said dividing-line to its intersect ion with t h e sou thern boundary of t he Sydney Common ; thence by t h a t boundary to the south-west angle of the said Common ; thence in a nor ther ly direction by t he wes te rn boundary of the said Common to its intersect ion with t he cen t re of Cleve land-s t ree t ; thence by t h e cent re of t h a t s t ree t and a prolongat ion thereof to a landmark on the road to Cook's River ; thence on the west by t he eastern side of t h a t road to t he nor th-eas te rn angle of t he Univers i ty Reserve ; thence by a s t ra ight line from t h a t angle to the point of commencement , in t he cen t re of Pa r ramat t a - s t r ce t , opposite t he cen t re of Bay-s t ree t .

S I D N E Y C O V E .

T h e waters included within a lino ex tending from the nor th-wes t bast ion of F o r t Macquar i c to Dawes Poin t , and all the shores to the southward of this l ine.

DAUJ.TNO H.vunouii . The waters included wi thin a line ex tend ing from Dawes P o i n t to Simmons

Po in t , and all the shores to t he southward of this l ine.

T H I R D

THIRD S C H E D U L E .

LIST of Towns in which P a r t I I I is in force.

Name of Town.

Date of Proclamation— Dates of Government Gazette containing

Proclamations. Name of Town. Bringing Town under the Act.

Defining limits of Town.

Dates of Government Gazette containing Proclamations.

Aberdeen ................ 6 July, 1894 6 July, 1894 10 July, 1894.

Adamstown 17 Feb., 1888 17 Feb., 1S88 S.G.G., 17 February, 1888. Adelong........ 14 Oct., 1S63 13 Jan., 1892 16 October, 1863, and 15 January, 1892. Albion Park..... 3 Feb., 1S99 3 Feb., 1899 7 February, 1899. Albury..... 2li May, 1851 4 Feb., 1871 27 May, 1851, and 10 February, 1871. Alectown...... 25 Feb., 1805 25 Feb., 1895 5 March, 1895. Alexandria.......... 18 Feb., 1884 18 Feb., 1884 19 February, 1884.

Alma 12 Mar., 1889 12 Mar., 1SS9 15 March, 1889. Appin..... •29 July, 18S0 29 July, 1886 30 July, 1886. Armidale........... 10 Nov., 1S52 31 Mar., 1S79 19 November, 1852, and 31 March, 1879. Arthur.................. 5 Aug., 1872 23 Mar., 1891 6 August, 1872, and S.G.G., 24 March,

1891. Ashfield 14 June, 1S80 14 June, 1S80 15 June, 1880.

Auburn................. 5 Aug., 1892 5 Aug., 1892 9 August, 1892.

Back Creek (Barrington River).

5 May, 1S79 5 May, 1879 6 May, 1879.

Ballina 14 Oct., 1863 23 June, 1869 16 October, 18G3, and 29 June, 1869. Balmain 30 Aug., 1850 14 June, 1865 26 July, 1861, and 10 June, 1805.

Balranald.............. 14 Oct., 1863 12 Feb., 1870 10 October, 1863, and 15 February, 1870. Barmedman 13 May, 1S96 13 May, 1S96 15 May, 1890.

Barraba....... 12 Jan., 1877 12 Jan., 1877 10 J a n u a r y , 1877. Barringun 2 Mar., 1S66 2 Mar., 1886 5 March, 1886. Bateman's Bay......... 27 May, 18S4 27 May, 1884 30 May, 1884.

Bathurst Named in Act. 24 Dec, 1838 2 J a n u a r y , 1839. Bega 14 Oct., 1S63 30 June, 1869

26 June, 1901 16 October, 1S63, and 2 July, 1809, and

23 June, 1901. Bendemeer 14 Oct., 1863 30 June, 1SC9 16 October, 1803, and 2 July, 1809.

Berrigan........ 16 April, 1895 16 April, 1S9.1 17 April, 1895. Berrima 14 Oct., 1863 9 July, 1870 1 16 October, 1863, and 12 July. 1870. Berry 15 Mar., 1898 15 Mar., 1898 22 March, 1898. Bexley 23 July, 1901 23 July, 1901 23 July, 1901.

Binalong...... 14 Oct., 1863 28 May, 1870 16 October, 1863, and 31 May, 1870. Bingera............. 1 May, 1877 11 June, 1894 4 May, 1877, and 12 J u n e , 1894.

Blackheath 29 Aug., 1895 29 Aug., 1S95 S.G.G., 3 September. 1895. Blayney 4 Feb., 1870 4 Feb., 1870 8 February, 1870.

Boggabilla....... 21 Jan., 1899 21 Jan., 1899 27 January, 1899. Boggabri.......... 10 Jan., 1877 10 Jan., 1877 12 January, 1877.

Bokhara 7 Sept., 1883 7 Sept., 18S3 11 September, 1883. Bomaderry 15 Mar., 1898 15 Mar., 1893 22 March, 1898.

Bombala.............. 14 Oct., 1S63 2 July, 1892 16 October, 1863, and 5 July, 1892. Booligal...... 5 June, 1897 5 June, 1897 8 June, 1897.

Boorowa 17 July, 1S61 7 Sept., 1809 19 July, 1861, and 10 September, 1S69. Botany........... 21 Feb., 18S5 21 Feb., 1885 24 February, 1885.

Botany, West 13 April, 1SS0 13 April, 1880 13 April, 1880. Bourke 18 July, 1864 14 Oct., 1S93 19 J u l y , 1864, and 17 October, 1893.

Bowning................ 18 Sept., 1895 18 Sept., 1805 20 September, 1895. Bowral 5 Nov., 1883 24 Sept., 1891 6 November, 1883, and 25 September. 1891. Braidwood 27 Sept., 1852 27 Sept., 1852 1 October, 1852. Branxton 4 June, 1S77 3 Sept., 18S9 5 June, 1877, and 6 September, 1889. Brewarnna 24 Nov., 1877 24 Nov., 1S77 27 November, 1877. Broken Hill 8 June, 1889 8 June, 1889 11 June, 1889. Bulli 14 Oct., 1S82 14 Oct.. 1882 17 October, 1882. Bulh South | 14 Oct., 1882 14 Oct., 1882 17 October, 1882. Bundarra 28 Sept., 1868 2S Sept., 1S08 29 September, 1868. Bungendore 24 Oct., 1872 24 Oct., 1872 25 October, 1872. Bungonia 14 Oct., 1863 j 24 Mar., 1900 j 10 October, 1863, and 27 March, 1900.

L I S T of Towns in which P a r t I I I is in force—continued.

Name of Town. Date of Proclamation—

Dates of Government Gazette containing Proclamations. Name of Town.

Bringing Town under the Act.

Defining limits of Town.

Dates of Government Gazette containing Proclamations.

Burwood 17 May, 1880 17 May, 1880 18 May, 1880. Byerock.......... 25 Feb., 1886 25 Feb., 1880 S.G.O., 27 February, 1880. Byron Hay 18 Dee., 1900 18 Dec, 1900 21 December, 1900.

Camden 14 Oct., 1863 7 Sept., 1809 16 October, 1863, and 10 September, 1809. Camden Haven...... 22 June, 1001 22 June, 1901 24 June, 1901. Campbelltown 28 July, 1819 30 Aug., 1887 5 August, 1840, and 2 September, 1887.

Camperdown.... 14 Oct., 1863 5 Sept., 1808 10 October, 1803, and 8 September, 1808. Candelo 18 Sept., 1889 18 Sept., 1889 20 September, 1889.

Canterbury..... 2!) Oct., 1880 29 Oct., 1S80 2 November, 1880. Carcoar and west Car­

coar. 1 Sept., isr.t 12 Sept., 1870 12September, 1854, and 13 September, 1870.

Cargelhco 13 June, 1852 13,)u nc, 1882 13 June, 1882. Cargo 28 Dec., 1887 28 Dec, 1887 29 December, 1887. Carroll 17 May, 1895 17 May, 1895 21 May, 1895.

Casino....... 14 Oct., 1803 23 June, 1809 16 October, 1863, and 29 June, 1869. Cassilis....... 14 Oct., 1863 23 June, 1809 10 October, 1803, and 29 June, 1809. Catherine Hill Bay 6 Mar., 1896 OMar., 1896 10 March, 1890. Clarence Town 24 Dee., 1855 13 July, 1809 2S December, 1855, and 10 July, 1809 Cobar 5 Aug., 1881 5 Aug., 1881 9 August, 1881. Cobargo 20 Ecb., 1S83 15 June, 1899 2 March, 1S83, and 21 June, 1899.

Collarendabari...... 29 July, 1890 29 July. 1890 31 July, 1890. Concord 13 May, 1884 13 May, 1884 10 May, 1884. Condoublin 25 Sept., 1S77 25 Sept., 1877 28 September, 1877. Cook 23 June, ISO!) 23 June, 1809 29 June, 1809.

Coolah.......... 3 May, 1901 3 May, 1901 7 May, 1901. Coolamon...... 12 Oct., 1990 12 Oct., 1900 13 October, 1900. Cooma 14 Mar., 1855 10 Feb., 1891 10 March, 1855, and 20 February, 1891. Coonaliarrahrau 14 Oct.. 1803 2 Mar., 1875 16 October, 1803, and 5 March, 1875.

Coonamble..... 20 Oct., 1805 20 Oct., 1805 24 October, 1805. Coopernook 22 June, 1901 23 June, 1901 24 June, 1901.

Cootamundra..... 21 Oct., 1889 21 Oct., 1880 22 October, 1S80. Coraki..... 23 Dec, 1890 23 Dec, 1890 S.O.G. 23 December, 1890. Corowa 13 Jan., 1887 13 Jan., 1887 18 January, 1887.

Cowra........... 14 Dec, 1803 8 July, 1890 18 December, 1803, and 11 July, ISfO. Croki 22 June, 1991 22 Juno, 1901 24 June, 1901. Crook well 25 Aug., 1882 25 Aug., 1882 25 August, 1S82. Cudal 28 Dec, 1887 28 Dec, 1887 29 December, 18S7. Cundletown 13 April, 1893 13 April, 1893 14 July, 1893. Curratliool, West 28 May, 1894 28 May, 1894 29 May, 1894.

Darlington..... 27 Mar., 1S07 30 May. 1900 2 April, 1807, and 31 May, 1990. Deniliquin........ 23 Feb., 1857 19 April, 1804 24 February, 1857, and 22 April, 1864. Denman....... 10 May, 1880 10 May, 18S0 14 May, 1880.

Dubbo 29 May, 1801 18 April, 1891 31 May, 1801,,and 21 April, 1891. Dundas.......... 31 Oct., 1889 31 Oct., 1889 S.G.G., 2 November, 1889. Dundog....... 19 Oct., 1853 9 Jan., 18J1 25 October, 1853, and 13 January, 1891. East Orange..... 2 Oct., 1888 2 Oct., 1888 5 October, 1888. East Maitland Named in Act. 29 June, 1891 30 June, 1891. Eden 30 Aug., 1S00 11 April, 1889 31 August, 1860, and 11 April, 1S89. Enimaville 18 Aug., 1880 18 Aug., 1880 24 August, 1886.

Emu..... 31 July, 1899 31 July, 1899 •2 August, 1899. Enfield 14 July, 1890 14 .Inly, 1890 15 July, 1890. Euston 31 July, 1877 31 July, 1877 3 August, 1877.

Fairfield....... 31 Dec, 1889 31 Dec, 1889 7 January, 1890. Five dock.... 20 July, 1880 20 July, 1880 20 July, 1880. Forbes.......... 14 April, 1802 19 Aug., 1869 15 April, 1862, and 20 August, I860. Foster.... 22 June, 1901 22 June, 1991 24 June, 1901.

L I S T of Towns in which P a r t I I I is in force—continued.

Name of Town. Date of Proclamation—

Dates of Government Gazette containing Proclamations. Name of Town.

Bringing Town under the Act.

Defining limits of Town.

Dates of Government Gazette containing Proclamations.

Frederickton...... 24 Oct., 1885 24 Oct., 1S85 27 October, 18S5.

Germanton 27 Mar., 1886 9 May, 1895 30 March, 1886, and 10th May, 1895. Gerringong 6 Oct., 1880 6 Oct., 1880 12 October, 1880. Gilginnia 15 Dec, 1896 15 Dec, 1890 18 December, 1896. Gadstone 18 Dec, 1900 18 Dec, 1900 21 December, 1900. Glebe 5 May, 1862 30 May, 1900 9 May, 1802, and 31 May, 1900. Glen Innes 22 May, 1865 22 May, 1805 30 May, 1805. Gooloongolok 22 June, 1901 22 June, 1901 24 June, 1901. Gosford, East 8 Oct., 1869 S Oct., 1869 12 October, 1809. Gosford, West 14 Oct., 1863 8 Oct., 1869 16 October, 1803, and 12 October, 1809. Goulburn 2 Mar., 1848, &

8 Mar., 1850 30 Jan., 1892 3 March, 1848, 2 February, 1892.

Grafton, N. and S. 4 June, 1858 18 Aug., 1868 4 June, 1S58, and 21 August, 186S. Grafton, South Granville

29 June, 1876 21 Aug., 1885

22 Oct., 1889 21 Aug., 1885

4 July, 1876, and 25 October, 1S89. 25 August, 18S5.

Grenfell 11 May, 1868 11 May, 1868 12 May, 1808. Greta 13 May. 1889 13 Mav, 1889 14 May, 1S89. Gulgong 27 Jan., 1872 17 April, 1889 30 January, 1872, and IS April, 1889. Gundagai, North 18 Nov., 1861 19 April, 1864 22 November, 1861, and 22 April, 1864. Gundagai, South 19 April, 1864 19 June, 1889 22 April, 1864, and 21 June, 1S89. Gunnedah 30 Mar., 1870 30 Mar., 1870 1 April, 1870. Gunning 11 Dec, 1855 25 April, 1873 i 14 December, 1855, and 25 April, 1873. Hamilton 17 June, 1881 17 June, 18S1 17 June, 1881. Harrington 22 June, 1901 22 June, 1901 24 June, 1901. Hartley 14 Oct., 1863 24 June, 1869 16 October, 1863, and 29 June, 1S09.

Hay 27 Feb., 1800 26 Sept., 1890 : 28 February, 1800, and 30 September, 1890. Haydonton 24 June, 1850 29 Aug., 1870 25 June, 1850, and 2 September, 1870. Helensburgh 4 Sept., 1896 4 Sept., 1896 8 September, 1890.

Hill End 3 Aug., 1871 21 Jan., 1S99 4 August, 1871, and 27 Jan., 1899. Hillgrove 12 Aug., 1889 12 Aug., 1889 13 August, 1889. Hillgrove, West 15 Oct., 1895 15 Oct., 1895 18 October, 1895.

Hillston and Hillston N. 14 Sept., 18S0 14 Sept., 1880 17 September, 1880. Hornsby 18 Feb., 1901 18 Feb., 1901 19 February, 1901.

Hunter's Hill 14 July, 1886 14 July, 1886 16 July, 1830. Hurstville 4 Jan., 1892 4 Jan., 1S92 &

29 Feb.. 1901 5 January, 1892, and 22 February, 1901.

Inverell 10 Sept., 1S66 28 May, 1S96 14 September, 1866, and 2 June, 1896. Jerilderie 26 Nov., 1870 26 Nov., 1870 29 November, 1870. Katoomba 3 Jan., 1889 3 Jan., 1889 4 January, 1889. Kelso 18 July, 1839 18 July, 1S39 7 August, 1839.

Kempsey, West 14 Oct., 1863 20 May, 1890 16 October, 1863, and 23 May, 1S90. Kendall 22 June, 1901 22 June, 1901 24 June, 1901.

Kew 22 June, 1901 22 June, 1901 ! 24 June, 1901. Kiama 14 Oct., 1863 26 June, 1868 16 October, 1863, and 3 July, 1868. Kiandra 14 Oct., 1863 9 Jan., 1893 ' 16 October, 1863, and 10 January, 1893. Kogarad 26 Sept., 1890 26 Sept., 1890 30 September, 1890. Lambton 29 July, 1873 29 July, 1873 1 August, 1873.

Leichhardt 4 July, 1881 4 July, 18S1 1 8 July, 1881. Lismore 14 Oct., 1803 22 July, 1892 16 October, 1SG3, and 26 July, 1892.

Litheow 5 May, 1882 29 July, 1892 5 May, 1882, and 1 July, 1892. Liverpool ! 20 Mar., 1848 15 April, 1890 24 March, 1848, and 18 April, 1890. Lockhart 30 May, 1900 30 May, 1900 &

31 May, 1901 31 May, 1900, and 7 June, 1901.

Loftus (Junee Junction 17 Nov., 1884 15 Feb., 1887 18 November, 1884, and 18 February, 1SS7.

Macdonald Town 20 Nov., 1874 20 Nov., 1S74 20 November, 1874.

L I S T of Towns in which Par t I I I is in force—continued.

Name of Town. Date of Proclamation—

Dates of Government Gazette containing Proclamations. Name of Town.

Brin^m^ Town under the Act.

Defining limits of Town.

Dates of Government Gazette containing Proclamations.

Maclean 18 Oct., 1888 18 Oct., 1888 S.G.G., 19 October, 188S.

Macquarie 21 Nov., 183!) 4 Feb., 1870 23 November, 1839, and 8 February, 1S70. Manduarama 12 Jan., 1888 12 Jan., 1888 S.G.G., 20 January, 18S8. Manilla 20 Oct., 1890 20 Oct., 1890 21 October, 1890. Manly lOJulv, 1SS0 16 July, 1880 29 July, 1880. Marrickville 20 Aug., 1800 20 Aug., 1866 21 August, 1S0G. Marulan 12 Mar., 1888 12 Mar., 1888 13 March, 18S8. Menindie 11 May, 1808 23 Jan., 1893 12 May, 1808, and 27 January, 1S93. Merewether 18 June, 1888 18 June, 1888 19 Juno, 1888. Merriwa 14 Oct., 1803 17 Jan., 1S70 10 October, 1803, and IS January, 1870. Milparinka 4 Feb., 1890 4 Feb., 1890 7 February, 1890. Millthorpe 18 Jan., 1897 18 Jan., 1897 22 January, 1897. Milton ... 25 Nov., 1889 25 Nov., 1889 26 November, 1889.

Mittagong 5 Nov., 1S83 5 Sept., 1891 6 November, 1883, and 8 September, 1891. Moama 14 Oct., 1803 5 April, 1894 16 October, 1S63, and 6 April, 1894. Molong 14 Oct., 1863 8 Oct., 1809 16 October, 1863, and 12 October, 18G9. Montefiores 23 Dec, 1853 20 April, 1S70 27 December, 1853, and 22 April, 1870. Moree 8 May, 1877 13 Sept., 1892 11 May, 1877, and 16th September, 1892. Morpeth 2 June, 1853 29 June, 1891 2 March, 1860, and 30 June, 1891. Moruya 14 Oct., 1803 17 Jan., 1870 10 October, 1S03, and 18 January, 1870. Moss Vale 2 June, 1882 2 June, 1882 2 June, 1882. Moulamein 14 Oct., 1803 23 Aug., 1888 10 October, 1863, and 21 August, 18SS. Mount Costigan 10 July, 1888 10 July, 1888 13 July, 1888. Mount Macdonald 9 Mar., 18.85 16 Dec, 1890 S.G.G., 10 March, 1885, and 19 Dec, 1890.

Mudgee 20 Jan., 1854 21 June, 1809 24 January, 1854, and 25 June, 1809. Mullumbimby 18 Dec, 1900 18 Dec, 1900 21 December, 1900.

Mulwala 18 Feb., 1892 18 Feb., 1892 19 February, 1892. Mungindi 22Julv, 1890 22 July, 1896 24 July, 1890. Murrimboola (Murrum

burrah). 14 Sept., 1880 14 Sept., 1880 17 September, 1880.

Murrurundi 24 June, 1S50 21 Feb., 1891 25 June, 1850, and 24 February, 1S91. Murwillumbah 13 Aug., 1895 13 Aug., 1895 1G August, 1895. Musclebrook, N. and S 27 Sept., 1852&

14 Dec, 1852 20 May, 1S70 1 October, 1852, 14 December, 1852, and

23 Mav, 1870. Narrabri 8 Nov., ISOli 8 Nov., 1800 9 November, 1866.

Narrabri, West 21 Feb., 1891 21 Feb., 1891 24 February, 1891. Narrandera 10 Aug., 1883 & 10 Aug., 1883& 14 August, 1883, and 2 November, 1900.

31 Oct., 1900 31 Oct., 1900 Narromine 24 Mar., 1899 24 Mar., 1899 S.G.G., 24 March, 1899. Nelligen 27 May, 1884 27 May, 1884 30 May, 1884.

Nerrigundah 14 Oct., 1803 22 Jan., 1870 10 October, 1S63, and 25 January, 1870. Newcastle 5 Sept., 1810 8Mar.,lS50,&

13 Dec, 1858 8 September, 1840, 8 March, 1850, and 14

December, 1S58. New Lambton 19 June, 18S9 19 June, 1889 21 June, 1889. Newtown 14 Oct., ISOli S Aug., 1SG5 16 October, 1863, and 15 August, 1S65.

Nimmitabel 14 Oct., 1803 17 Jan. 1870 16 October, 1803, and IS January, 1870. North Homebush 22 June, 1901 22 June, 1901 24 June, 1901. North Sydney 23 Dec, 1890 23 Dec, 1890 30 December, 1890.

Nowra 13 June, 1885 13 June, 1885 10 June, 1885. Nundle 11 Dec, 1801 17 Jan., 1870 13 December, 1861, and 18 January, 1870. Nymagee 23 May, 1SS1 23 May, 1881 25 May, 1881.

Nyngan 11 Mar., 1884 11 Mar., 1884 14 March, 1884.

Oneybygamba Orange

13 Oct., 1885 29 May, 1854

13 Oct., 1885 21 June, 1869

16 October, 1S85. 6 June, 1954, and 25 June, 1S69.

Oxley 21 Aug., 1895 21 Aug., 1S95 23 August, 1895.

Paddington 19 June, 1802, & 14 Oct., 1803

30 May, 1900 20 June. 1802, 1G October, 1863, and 31 May, 1900.

Panbula 30 Aug., 1891 17 Jan., 1S70 13 August, 1861, and 18 January, 1870.

L I S T of Towns in which P a r t I I I is in force—continued.

Name of Town. Date of Proclamation —

Dates of Government Gazette containing Proclamations. Name of Town.

Bringing Town under the Act.

Defining limits of Town.

Dates of Government Gazette containing Proclamations.

Parkes 12 June, 1874 12 June, 1874 12 June, 1874.

Parramatta Named in Act 11 Oct., 1892 S.G.G., 12 October, 1892. Peterson 14 Oct., 1863 17 Mar., 1900 16 October, 1S63, and 20 March, 1900 Peak Hill 1 20 July, 1891 20 July, 1891 21 July, 1891.

Perith Peterborough

14 Oct., 1863 (See Shell!

25 Feb., 1S70 larbour)

16 October, 1863, and 1 March, 1870.

Petersham 8 Aug., 1865 8 Aug., 1865 I 15 August, 1865. Picton 14 Oct., 1863 12 Feb., 1870 16 October, 1863, and 15 February, 1870. Propect 14 Aug., 1890 14 Aug., 1890 15 August, 1890.

Queanbeyan Quirindi

11 July, 1854 18 Feb., 18S4

17 Sept., 1SS6 9 May, 1891

14 July, 1854, and 21 September, 1886. 19 February, 1884, and 12 May, 1891.

Randwiek and Coogee... 22 Oct., 1S60 22 Oct., 1860 & 30 May, 1900

23 October, 1860, and 31 May, 19C0.

Raymond Terrace 14 Oct., 1863 26 June, 1868 16 October, 1863, and 3 July, 1868. Redfern 14 Oct., 1863 26 Feb., 1884 10 October, 1863, and 26 February, 1884. Richmond 14 Oct., 1863 4F ,eb., 1870, &

12 Mar., 1870 16 October, 1863, 8 February, 1870, and 18

March, 1870. Robinsonville 14 Oct., 1882 14 Oct., 1882 17 October, 1882. Rockey 4 Dec., 1863 17 Jan., 1870 8 December, 1863, and 18 January, 1870. Rockwood 13 Sept., 1892 13 Sept., 1892 10 September, 1892.

Ryde 30 Oct., 1874 30 Oct., 1874 30 October, 1874. Rylstone 14 Oct., 1863 24 June, 1869 16 October, 1863, and 29 June, 1809.

Scone 15 Oct., 1850 18 Nov., 1889 IS October, 1850, and 19 November, 1889. Shellharbour 10 Aug., 1869 10 Aug., 1869 10 August, 1809.

Sherwood 14 Aug., 1890 14 Aug., 1890 15 August, 1890. Shellharbour 27 May, 1885 27 May, 1885 29 May, 1S85.

Singleton 22 July, 1850 29 June, 1868 23 July, 1850, and 3 July, 1S68. Smithfield 31 Dec, 1S89 31 Dec, 1889 7 January, 1S90.

Sotala 18 Dec, 19O0 16 Mar., 1858

18 Dec, 1900 24 June, 1S69

21 December, 1900. 10 March, 1S5S, and 29 June, 1869.

St. Albans 25 Sept., 1857 17 Jan., 1870 25 September, 1857, and L8 January, 1870. St. Aubins 25 June, 1860 25 June, 1860 26 June, 1860.

St. Leonards 30 Mar., 1860 30 Mar., 1860 3 April, 1S60. St. Leonards, East ,,, 14 Aug., 1869 14 Aug., 1869 17 August, 1869.

Swansea 6 Mar., 1S96 (i Mar., 1896 10 March, 1890. St. Mary's 29 Sept., 1870 19 Sept., 1893 30 September, 1870, and 22 Sept., 1S93.

Stockton 11 May, 1885 28 Dec, 1892 12 May, 1885, and 30 December, 1892. St. Peter's 22 April, 1871 22 April, 1871 25 April, 1871. Strathfield 27 Jan., 18S6 7 Oct., 1892 S.G.G., 27 January, 1880, and O.G., 11

October, 1892. Stroud 29 Dec, 1856 19 Aug., 1869 30 December, 1850, and 20 August, 1809. Sunny Corner 31 July, 1885 31 July, 1885 4 August, 1885.

Tambaroora 2 Oct., 1S61 16 Feb., 1892 4 October, 1801, and 19 February, 1892. Tarn worth. N. and S. ... 28 Feb., 1879 2S Feb., 1879 4 March, 1879.

Taralga 21 May, 1885 21 May, 18S5 22 May, 1885. Tarcutta 14 Oct., 1S63 5 Feb., 1900 10 October, 1803, and 9 February, 19C0.

Taree 16 Mar., 1886 16 Mar., 1886 S.G.G., 18 March, 1886. Temora 23 Sept., 18S0 23 Sept., 1S80 24 September, 1880.

Tenter-field 14 Oct., 1863 22 Jan., 1S70 16 October, 1803, and 25 January, 1S70. Teralba 21 Jan., 1899 21 Jan., 1899 27 January, 1899.

Tibooburra 18 Sept., 1889 18 Sept., 1889 20 September, 18S9. Tingha 11 Mar., 1882 11 Mar., 18S2 14 March, 1882. Tinonee 22 June, 1901 22 June, 1901 24 June, 1901. Tocumwal 17 June, 1890 17 June, 1890 20 June, 1890, and 5 March, 1895.

L I S T of Towns iu which P a r t I I I is in force—continued.

Name of Town. Date of Proclamation -

Dates of Government Gazette containing Proclamations. Name of Town.

Bringing Town under the Act.

Defining limits of Town.

Dates of Government Gazette containing Proclamations.

Tuena 10 July, 1888 10 July, 1888 13 July, 18S8.

Tumnerumba 14 Oct., 18G3 24 Jan., 1870 16 October, 1863, and 28 January, 1870. Tumut 24 Sept., 1855 22 April, 1882 28 September, 1S55, and 25 April, 1882.

Tuncurry 22 June, 1901 22 June, 1901 24 June, 1901.

Ulladulla 14 Oct., 1S63 24 Jan., 1870 16 October, 1S63, and 28 January, 1S70. Ulmarra 15 April, 1890 15 April, 1890 18 April, 1890. Upper Picton 28 July, 1895 26 July, 1895 30 July, 1895. Uralla 14 Oct., 1863 5 Mar., 1889 16 October, 1863, and 8 March, 1S89. Urana 1 Sept., 1881 1 Sept., 1S81 6 September, 1881.

Vaucluse 30 May, 1900 30 May, 1900 31 May, 1900.

Wagga Wagga 14 Oct., 1863 14 July, 1886 16 October, 1853, and 16 July, 1880. Wahgunyah, North 18 May, 1865 18 May, 1865 30 May, 1805. Waloha 10 Jan., 1S82 10 Jan., 1882 13 January, 1882. Walgett 14 Oct., 1863 13 July, 1869 16 October, 1863, and 10 July 1869. Wallabadah 7 Sept., 1S69 18 July, 1889 10 September, 1869, and 19 July, 18S9 Wallerawang 11 Sept., 1885 11 Sept., 1885 15 September, 1885. Wallsend 22 Aug., 1874 22 Aug., 1874 25 August, 1874. Waratah 28 July, 1S74 28 July, 1874 31 July, 1874. Warialda 14 Oct., 1863 22 Jan., 1870 16 October, 1863, and 25 January, 1870. Wardell 8 Dec, 1900 8 Dec, 1900 11 December, 1900.

Warren 4 Nov., 1S81 29 June, 1897 & 12 Oct., 1900

4 November, 1881, 2 July, 1897, and 13 October, 1900.

Waterloo 14 Oct., 1863 30 May, 1900 16 October, 1803, and 31 May, 1900. waverley 14 Oct., 1863 30 May, 1900 10 October, 1S03, and 31 May, 1900. Wee Waa 14 Oct., 1863 24 Jan., 1870 16 October, 1803, and 25 January, 1870. Wellington 23 Dec, 1853 19 Aug., 1S91 27 December, 1853, and 21 August, 1891. Wentworth 24 April, 1861 22 Jan., 1S70 26 April, 1801, and 25 January, 1870. West Maitland Named in Act. 29 June, 1S91 30 June, 1891. West Narrabri 21 Feb., 1891 21 Feb., 1891 24 February, 1891. West Wyalong 2 Jan., 1S97 2 Jan., 1897 8 January, 1897. White Cliffs 14 Dec, 1S97 14 Dec, 1897 17 December, 1897. Whitton 30 Dec, 1890 30 Dec, 1890 S.G.G., 31 December, 1890. wickham 6 Nov., 1S72 6 Nov., 1872 8 November, 1872. Wilcannia 11 May, 186S 11 May, 1868 12 May, 1808. Willoughby, North 10 June, 1SS0 10 June, 18S0 11 June, 1S80. Willyama (Broken Hillj 7 Mar., 1887 7 Mar., 18S7 S March, 1887. Wingham 3 Mar., 1890 3 Mar., 1890 4 March, 1890. Windsor Named in Act. 13 Dec, 1858 14 December, 185S. Wollomba 22 June, 1901 22 June, 1901 24 June, 1901. Wollombi 14 Feb., 1854 12 Feb., 1870 17 February, 1S54, and 15 February, 18,0. Wollomgong [ 5 Nov., 1846 9 July, 1856 1 6 November, 1846, and 11 July, 1S.)0. Woodburn 18 Dec, 1900 18 Dec, 1900 21 December, 1900. Woollahra 1 14 Oct., 1863 30 May, 1900 16 October, 1863, and 31 May, 1900. Wonona 14 Oct., 18S2 14 Oct., 18S2 17 October, 1882. Wyalong 6 Aug., 1894 0 Aug., 1894 10 August, 1894.

Yass 20 June, 1840 24 June, 1869 24 June, 1840, and 29 June, 1869. Yass and O'ConncllTown 10 Aug., 1869 10 Aug., 1869 10 August, 1869. Young

j 4 June, 1862 19 Aug., 1869 6 June, 1862, and 20 August, 1869.

F O U R T H

F O U R T H S C H E D U L E .

Form of memorandum of charge for which summons issued.

[Name of Complainant.] A.B., of N o . s t reet , , [police constable . ]

[Name of Defendant..] C D . , of N o . s t reet , , [ labourer . ]

[Date of offence.'}, on the day of , inst . [or l a s t ] .

[Offence.'] i^-Ji wi thout lawful cause discharging a firearm in a public place.]

[Late of issuing summons.] The day of 19 [Signed by] E . F . , J . P . [Summons returnable.] The day of , inst . [or n e x t ] .