New South Wales: Dubbo Cattle Sale-yards Act of 1884 47 Vic (NSW)

1884. AT VIC. 17 Dubbo Cattle Sale-yards. An Act to authorize the erection and Main= pomo carn: SaLe-Yaxps. tenance of Cattle Sale-yards by the Muni- *"S* cipal Council of Dubbo within the said Municipality. [81st March, 1884. ] TEREAS by a deed of grant dated the thirtieth day of October preamble. anno Domini one thousand eight hundred and seventy-six under the Great Seal of the Colony of New South Wales the land in the Schedwe hereto more specifically described was granted to the Schedule. Municipal Council of Dubbo and their successors for ever subject to the quit-rent therein reserved upon trust to use the said land as a eattle-market and for no other purpose whatsoever And whereas it is expedient that yards for the sale of cattle should be established on. the said land and it is necessary for such purpose that full power should be given to the Municipal Council of Dubbo to erect and maintain suitable buildings and yards on such land and for such purpose to borrow money and to charge fees and make by-laws for the maintenance and regulations of such sale-yards Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and conscnt of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :— 1. For the purpose of this Act the word "cattle" wherever uscd Interpretation of shall be taken to include all horses mares geldings foals mules bulls °°" cows bullocks steers heifers calves pigs sheep lambs and goats. 2. It shall be lawful for the Municipal Council 'of Dubbo to Council may erect erect and maintain suitable buildings yards and other premises upon °4 maintain the land in the Schedule hereto set forth for the purpose of making' provision for the sale of cattle therein. 3. To provide funds for the erection and maintenance of build- Borrowing powers. ings yards and premises as aforesaid it shall be lawful for the saic Municipal Council to borrow any sum of money not cxeceding one thousand pounds at a rate of interest not exceeding cight pounds per centum per annum by debentures secured upon a mortgage of the rates fees and tolls to be levied as hereinafter provided or 'the gencra revenue of the Municipality from whatever source arising as in the opinion of the said Municipal Council may be deemed most expedient Provided that the proceeds to arise from such rates fees or tolls anc all other profits accruing from the use of such sale-yards and premises received by the said Municipal Council shall after payment of al cwrent expenses incident to the maintenance of such premises be appropriated towards the payment of the principal sum so borrowed. and any interest thereon acerucd and an account to be called the " Cattle Sale-yards Fund" shall be kept by the said Council. 4, The said Council may from time to time appoint officers and By-laws. servants and make by-laws for the maintenance regulation and man- agement of the said sale-yards and premises and of all persons buying or selling therein or resorting thereto and generally for carrying out the purpose of this Act And such by-laws shall clearly set forth what pecuniary or other penalty or forfeiture shall be incurred by any breach thereof respectively Provided always that no such pecuniary No penalty to execed penalty shall in any case execed the sum of tive pounds. five pounds, 5. All such by-laws shall after approval by the Governor with Proof of by-laws. the advice of the Executive Council be published in the Gazette and in one local newspaper And the production of the Gazette purporting b to Power to demand and take fees. Recovery of fees penalties &e. Appeal. Short Title. 47 VIC. 1884. Cohen's Estate. to contain a copy of any such by-laws shall be sufficient evidence in any proceeding in any Court of Justice that such by-laws have been duly made and approved in accordance with the provisions of this Act. 6. So soon as any such sale-yards shall be established and by-laws approved and published the said Council may demand and take in respect of any cattle brought to any such sale-yards or yarded in or brought to any other sale-yards within the Municipality of Dubbo if such cattle be intended for sale by public auction or private contract the fees or charges mentioned in the said by-laws Provided that the fees or charges levied by the said Council upon cattle brought to other sale-yards shall not exceed those levied upon cattle yarded in or brought to the sale-yards established under this Act. 7. All sums of money which shall be imposed or made payable and all penalties and forfeitures incurred under this Act or any by-laws hereunder may be recovered at the suit of the said Council or the clerk of the said Council in a summary way before any Justice of the Peace under the provisions of the Act or Acts for the time being in force regulating proccedings on summary convictions and if any such sum of money be not paid either immediately after the order or conviction or within the time appointed by such order or conviction the same shall be levied by distress and sale of the goods and chattels of the offender or person directed by such order to pay any such sum as aforesaid and on failure of distress shall be enforced in the manner directed by the said Act or Acts Subject however to an appeal in the manner provided by the Act or Acts for the time being in force regulating appeals from Justices of the Peace. 8. This Act may be cited as the "Dubbo Cattle Sale-yards Act of 1884." SCHEDULE. All that piece or parcel of land in the said Colony of New South Wales containing by admeasurement ten acres (be the same morc or less) situated in the county of Lincoln parish of Dubbo town of Dubbo section twenty-three Commencing at the intersection of the eastern side of Gipps-street with the southern side of Myall-street and bounded thence on the north by Myall-street bearing easterly ten chains and nine links on the east by Fitzroy-strect bearing southerly nine chains and ninety-two links on the south by Macleay-street bearing westerly ten chains and nine links and on the west by Gipps- street southerly nine chains and ninety-two links to the point of commencement.