New South Wales: Canterbury Park Racecourse Company, Limited, Enabling Act of 1911 (NSW)

Pew South Wales. ANNO SECUNDO GEORGIL V REGIS. An Act to enable the Canterbury Park Racc- castenscey rans course Company, Limited, to close certain Conti Linen streets in the municipality of Canterbury, =— — being James-street and Arthur-street, and portion of a certain street in the said muni- cipality, being a portion of Frederick-street, and in lieu thereof to dedicate for the use and for the purpose of public roads or streets certain pieces or parcels of land in the municipality of Canterbury aforesaid; and for other purposes consequent thereon or incidental thereto. [21st July, 1911.] HEREAS the Canterbury Park Racccourse Company, Limited, Preamble. a duly registered company carrying on business in the munici- pality of Canterbury, near Sydney, is seized in fee simple of the several pieces or parcels of land mentioned and described in Schedule A hereto : And whereas the several pieces or parcels of land respectively mentioned and Short title. Vesting in company of land described in Schedule B and Act, 1911. Canterbury Park Racecourse Company, Limited, Enabling. and described in Schedule B hereto, being certain roads or streets within the municipality of Canterbury, known respectively as James- street and Arthur-street, and being portion of a certain road or strect within the said municipality, known as Frederick-strect, are now in use as roads or streets: And whereas it is desirable that the width of certain roads or streets within the municipality of Canterbury, known respectively as John-street and Palmer-street, and portion of a certain road or street within the said municipality, known as Broughton-strect, should be inercased by adding to the width of such roads or streets, and of such portion of the said road or street, the pieces or parcels of land described in Schedule A hereto: And whereas the council of the municipality of Canterbury, as custodians of the said roads or streets, is willing to consent to the said James-strect and Arthur-street and the said portion of Frederick-strect described in Schedwe B hereto being closed and the soil thereof vested in the said company upon the said company dedicating to the public the picces or parcels of land of the company described in Schedule A hereto, for the purpose of enabling the said council to increase the width of the said John-street and Palmer-street and the said portion of Broughton-strect: And whereas the said company is ready and willing to substitute, and dedicate as aforesaid, the pieces or parcels of land described in Schedule A hereto, in lieu of the said James-street and Arthur-street and the said portion of Frederick-street, upon being permitted to close up and have the exclusive use and possession of the said pieces or parcels of land described in Schedule B hereto: And whereas the closing of the said James-street and Arthur-street and the said portion of Frederick- street would not create any public loss, disadvantage, or inconvenience if the said pieces or parcels of land described in Schedule A hereto were substituted and dedicated in lieu thereof as aforesaid: And whereas an Act of the Legislature is necessary for enabling and authorising the said company to close up the said James-street and Arthur-street and the said portion of l'rederick-street described in Schedule B hereto, and to have the soil and the exclusive use and possession of the said strects and the said portion of the said street vested in the said company: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— 1, This Act may be citedas the '"' Canterbury Park Racecourse Company, Limited, Enabling Act of 1911." 2. At any time within one year after the commencement of this Act, it shall be lawful for the said Canterbury Park Racecourse closing of existing Company, Limited, upon dedicating the pieces or parcels of land roads over same, described in Schedule A hereto for the use and for the purpose of public Act, 1911. Canterbury Park Racecourse Compuny, Limited, Enabling. public roads or streets, or for the use and for the purpose of portions of public roads or streets, to close up and have the exclusive use and possession of the lands described in Schedwe B hereto, and to prevent all persons from coming or passing along or in any way using the same, and the said pieces or parcels or land shall thereupon become, remain, and be vested in the said Canterbury Park Racecourse Company, Limited, for an estate in fee-simple, free from all rights, easements, and privileges whatsoever of any person or body corporate then previously existing or claimed in, upon, or in respect of such pieces or parcels of land. 3. Immediately upon and from and after the said dedication On dedication of as aforesaid of the said pieces or parcels of land described in Schedul , land described in ~ Schedule A, same to A hereto, the said pieces or parcels of land shall be and remain be public roads. independently of user or non-user for such purposes public roads, or streets, or portions of public roads or streets, and the sole control and management of the same shall be in and with the persons or body corporate for the time being having the control and management of the roads, ways, or streets in the district in and of which the said pieces or parcels of land shall form part : Provided that it shall not be incumbent upon the said company to construct, make, or complete as roads or streets, or as portions of roads or streets, the said pieces or parcels of land described in Schedule A hereto. 4, If any action or suit or other legal proceeding shall be instituted or taken by any person or body corporate against the said company after the dedication by the said company of the said pieces or parcels of land as aforesaid in respect of the said pieces or parcels of land described in Schedule B hereto, or of any right, easement, or privilege in respect thereof, or in respect of anything done in the exercise of the powers conferred by this Act, it shall be lawful for the said company and their assigns to plead the general issue and give this Act in evidence thereunder. B SCHEDULES. Company may plead general issue to any proceedings. Act, 1911. Canterbury Park Racecourse Company, Limited, Enabling. SCHEDULES. SCHEDULE A. Description of lands propose? to be dedicated to widen existing roads. Aut that piece or parcel of land situate in the municipality of Canterbury, parish of Petersham, county of Cumberland, and State of New South Wales, being portion of lots 2, 3, 6, 7, and 10, of section 10, of the village of Canterbury, and containing by admeasurement 1 rood 71 perches: Commencing at the intersection of the north-eastern side of Broughton-street with the north-western side of John-street, and bounded on the south east by the said John-street bearing north-easterly 805 feet 6 inches to Palmer- street ; thence on the north-east by that, street bearing north-westerly 16 feet ; thence on the north-west by a line bearing Xouth- westerly 805 feet 54 inches' to Broughton- street aforesaid ; and thence on the south-west by that street bearing south. easterly 16 feet, to the point 'of commencement. Also all that piece or parcel of land situate in the municipality of Canterbury, parish of Petersham, county of Cumberland, and State of New South Wales, containing by admeasurement 144 perches : Commencing at the intersection of the south-western side of Palmer-street with the north-western side of Frederick-street, and bounded thence on the north-east by the said Palmer-street bearing north-easterly 247 feet 6? inches to James-street ; thence on the north-east by that street bearing south-westerly 16 feet ; thence on the south-west by a line bearing south-easterly 247 feet 63 inches to Frederick-street aforesaid ; and thence on the south-east by that street bearing north- easterly 16 feet, to the point of commencement. Also all that piece or parcel of land situate in the municipality of Canterbury, parish of Petersham, county of Cumberland, and State of New South Wales, being portion of lots 9 and 10, section 10, of the village.of Canterbury, and containing by admeasurement 224 perches: Commencing at a point distant 16 feet north-westerly from the intersection of the south-western side of Palmer-street with the north-western side of John-street ; and bounded on the south-east by a line hearing south-westerly 16 feet; thence on the south-west by a line bearing north-westerly 380 feet to Frederick-street ; thence on the north-west by that street bearing north-easterly 16 feet to Palmer-street aforesaid ; and thence on the north-east by that street bearing south-easterly 380 feet, to the point of commencement. And also all that piece or parcel of iand situate in the municipality of Canterbury, parish of Petersham, county of Cumberland, and State of New South Wales, being portion of lots ] and 2, section 10, of the village of Canterbury, and ccntaining by admeasurement 224 perches : Commencing at a point distant 16 feet north- westerly from the intersection of the north-eastern side of Broughton-street with the north-western side of John-street ; and bounded on the south-east by a line bearing north-easterly 16 feet ; thence on the north-east by a line bearing north-westerly 382 "feet to Frederick- street; thence on the north-west by that street bearing south-westerly 16 feet to Broughton-street aforesaid , and thence on the south-west by that street bearing 382 feet $ inch, to the point of commencement. SCHEDULE Act, 1911. Canterbury Park Racecourse Company, Limited, Enabling. SCHEDULE B. Description of roads proposed to be closed and granted to the Canterbury Park Racecourse Company in fee simple. All that piece or parcel of land situate in the municipality of Canterbury, parish of Petersham, county of Cumberland, and State of New South Wales, being portion of James-street in the said municipality, containing by admeasurement 3 roods 13. perches : Commencing at a point distant 16 feet south-westerly from the intersection of the south- western side of Palmer-street with the south-eastern side of the said James-street, and bounded on the south-east by the south-eastern building line of the said James-street, bearing south-westerly 1,007 feet 4 inches to Cook's River ; thence on the south-west hy that river heaving north-westerly to the north-western building line of the said James- street ; thence on the north-west by that building line bearing north-easterly 1,005 fect 6 inches to Palmer-street aforesaid ; and thence on the east by a line bearing south-easter]y 33 fect, to the point of commencement. And also, all that piece or parcel of land situate in the municipality of Canterbury, parish of Petersham, county of Cumberland, and State of New South Wales, being Arthur-street in the said municipality, containing by admeasurement 1 rocd hi perches: Commencing at the junction of the north-western side of Frederick-street with the north-eastern side of the said Arthur-street, and bounded on the north-east by the north-eastern building line of the said Arthur street bearing north-westerly 247 feet 7} inches ; thence on the north-west by the south-eastern side of James-strect bearing south-westerly 50 feet ; thence on the south-west by the south-western building line of the said Arthur-street bearing south-easterly 247 feet 74 inches to Frederick-strect aforesaid ; and thence on the south- east by the north-western 'side of the said Frederick- street bearing north-easterly 50 feet, to the point of commencement. And also all that piece or parcel of land situate in the municipality of Canterbury, parish of Petersham, county of Cumberland, and State of New South Wales, being portion of Frederick-street in the said municipality, containing by admeasurement 3 roods 252 perches: Commencing at a point distant 16 feet south-westerly from the intersection of the south-western side of Palmer-street with the north-western side of Frederick-street, and bounded on the north-west by the north-western building line of the said Frederick- street bearing south-westerly 792 feet 5} inches; thence on the south-west by the remainder of the said Frederick-street bearing south-easterly 50 feet ; thence on the south- east by the south-eastern building line of the said Frederick-street. bearing north-easterly 792 feet 5 5} inches ; and thence on the north-east by a line bearing north- westerly 50 feet, to the point of commencement.