New South Wales: Lismore Markets and Cattle Sale-yards Act (NSW)

Act, 1904. Lismore Markets and Cattle Sale-yards. An Act to enable the council of the Municipal District of Lismore to ereet and maintain markets and cattle sale-yards upon certain land granted as areserve fora market. [21st December, 1904.] W IEREAS, by a deed of grant, dated the sixteenth day of June, in the year of our Lord one thousand eight hundred and eighty- four, under the great seal of the Colony of New South Wales, the land described in the Schedule hereto was granted unto the municipal district of Lismore and their successors for ever, subject to the quit rent therein reserved, upon trust to use the said lands as a reserve fora market and for no other use or purpose whatsoever: And whereas it would be for the benefit of the municipality of Lismore, and of the inhabitants thereof, that yards for the sale of cattle should be erected upon the said lands, and it is expedient that the council of the said municipal district should have power to erect and maintain suitable buildings and yards on such land as well as market buildings, and for such purposes to borrow money, and to charge fees, and to make by-laws for the erection, maintenance, and regidation of such market and sale-yards. Be it therefore enacted by the King's Most: Execllent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wi ales i in Parliament assembled, and 'by the authority of the same, as follows 1, For the purposes of this Act the word "cattle? w herever used shall be taken to include all horses, mares, geldings, foals, asses, mules, bulls, cows, bullocks, steers, heifers, calves, pigs, sheep, lambs, goats, and any other live-stock. 'The word "council" shall mean the council of the municipal district of Lismore. 2. It shall be lawful for the council to erect, construct, and maintain suitable buildings, yards, and such other works as may be deemed expedient upon the land described in the Schedule hereto, or upon any other land that imay hereafter be acquired for the purpose of cattle sale- yards by the council in order to make provision for the sale of cattle therein, anything in the said herein recited grant notwithstanding, provided that the council shall also erect thereon market buildings Lismore MArKETS AND CATTLE SALE-YARDS. Preamble. Interpretation. Cattle sale-yards may be erected. 8. To provide funds for the erection, construction, and main- Borrowing powers. tenance of all such buildings, yards, and other works as aforesaid, it shall be lawful for the council to borrow any sum of money not exceeding three thousand pounds, at a rate of interest not exceeding eight pounds per centwm per annum, secured upon a mortgage of the land Disposal of profits. Power to appoint. officers, and make by-laws. Act, 1904. Lismore Markets and Cattle Sale-yards. land described in the Schedule hereto, or upon any such other land as aforesaid, with ull usual covenants and powers of sale, and also upon mortgage of the rates, fees, and tolls to be levied as hereinalter provided, as in the opinion of the council may be deemed expedient : Provided that the proceeds to arise from such rates, fees, and tolls, and all other profits arising from the use of such buildings, vards, and other work, and received by the council shall, after payment of all current expenses incident to the maintenance of such buildings, vards, and such other work be appropriated towards the payment. of the principal sum so borrowed, and any interest thereon accrued ; and an account to be called the market and cattle sale- yards fund shall be kept by the eouncil. 4. After the said principal and interest have been paid all profits arising as aforesaid shall be passed to the credit of the general revenue of the council. 5. The council may from time to time appoint officers and servants, and make by- laws for the maintenance, regulation, and management of the said buildi ings, sale-yards, and other works, and for determining the fees and charges to he paid as hereinafter provided, and the times and mode of colleeting the same and enforcing the payment thereof, and generally for carrying out. the purposes of the Act. And such by-laws shall clearly set forth what pecuniary or other penalty or forfeiture shall be incurred by any breach thercof No penalty to exceed respectively: Provided always no such pecuniary penalty shall in Proof of by-laws. Power to demand and take fees. any case exceed the sum of five pounds. 6. All such by-laws shall, after approval by the Governor, be published in the Gazette and in one local newspaper. And the production of the Gazette or supplement thereof purporting 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. 7. So soon as any such market buildings shall be established and by-laws approved and published, the council may demand and take from the owner, agent, or person selling or exhibiting for sale any farm or garden produce in the said market buildings the fees or charges mentioned in the by-laws. And so soon as any such cattle sale-yards shall be established and by-laws approved and published, the council may demand from the auctioneer, owner, or agent, or person selling the cattle, and take, in respect of any cattle brought to any such sale-y rards, or yarded in or brought to any other sale-yards within the municipal distriet of Lismore, or within two miles from any boundary thereof, if such cattle be intended for sale hy public auc tion or priv ate contract, the fees or charges mentioned in the said by-laws : Provided that the fees or charges levied 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. 8. Act, 1904. 11 Lismore Markets and Cattle Sale-yards. 8. Auctioneers and persons selling or offering for sale cattle at Retum of cattle sold any such sale-yard other than the yards established under this fet, the council santa and within the aforesaid limits, shall hand to the officer appointed h the council for that purpose. between the first and seventh of every month, a return in writing of all cattle sold or offered for sale by them during the previous month, together with the amount of fecs chargeable thercon in accordance with the provisions and by-laws of this Act. Any auctioneer or person who refuses to make such return, or who shall make a false return, shall be liable to a penalty of not less than twenty shillings nor more than five pounds. 9. All sums of money which shall be imposed or made payable, Recovery of and all penalties and forfeitures incurred under this Act or any penalties. by-laws hereunder may be recovered at the suit of the council, or the elerk of the council, in a summary manner before any justice of the peace under the provision of the Act or Acts for the time being in foree regulating proceedings on summary convictions. 10, Should the land described in the Schedule hereto be deemed Power to purchase by the council unsuitable by reason of its situation or area for the! !"' purpose of cattle sale-vards, it shall be lawful for the council, for the purpose of making provision for the sale of cattle within the said municipality of Lismore, to purchase or lease any area of land within the said municipality from any corporation or corporations, person or persons whomsoever, and such land, when so purchased and conveyed to or leased by the council, shall be held in trust for the erection and maintenance of sale-yards, subject to the provisions of this Act and to the by-laws to be made hereunder. 11. This Act may be cited as the " Lismore Markcts and Cattle Short tifle. Sale-yards Act." SCHEDULE. All that piece or parcel of land containing by admeasurement three acres one rood sixteen perches, be the same more or less, situated in the county of Rous, parish of Lismore, town of Lismore: Commencing on the left bank of the Richmond River, at a point where the south-western side of Conway-street meets that river ; and bounded thence on the northeast by that street bearing south sixty eight degrees fifty-one minutes, cast six chains ninety-nine links to Molesworth-street ; on the south-cast hy that street bearing south twe nty one degrees nineteen minutes w est four chains ; on the south-west. by the north-eastern bound: ary line of W. Wilson's fifteen acres three roods twenty-three perches, bearing north sixty-cight degrees fifty-one minutes, west nine chains thirty-three links to the Richmond River ; and on the north-west by that river upwards, to the point of commencement. Au