New South Wales: Mort’s Dock and Engineering Company (Limited) Enabling Act 1913 (NSW)

An Act to vest in Mort's Doek and sey pox . . . . . AND Ineineering Company, Limited, "yest for an estate in fee-simple, portion jane of a certain street or road known as William-avenune, Woolwich, and in exchange therefor to dedicate to the council of the municipality of Hunter's Hilla certain piece or parcel of land containing by admeasurement 24% perches or thereabouts, situate at Woolwich, in the parish of Hunters Hill, county of Cumberland, and State of New South Wales. [15th October, 1913. ] W ITEREAS Mort's Dock and Engineering Company, Preamble. Limited, a duly registered company carrying on business at Woolwich, near Sydney, is seised in fee- simple of certain Jands on which the works of the said company are carried on, and the piece or pareel of land Act, 1913. Mort's Dock and Engineeri ing Company (Limited) Enabling. land mentioned and described in Schedule A hereto: And whereas the piece or parcel of land mentioned and described in Schedule B hereto, being portion of William-avenue, situate at Woolwich, in the parish of H[unter's Hill, county of Cumberland, and State of New South Wales, is now in use as a road or street at Woolwich aforesaid: And whereas the said company is desirous, with the assent of the council of the munici- pality of Hunter's Hill, by which municipality the land described in Schedule B hereto is at present controlled and managed, to have vested in it (the said company) for an estate in fee-simple the land mentionedinthe said Schedule B, for the purpose of extending the works and dock accommodation of the said company, but are prevented from doing so by reason of the position of the said portion of the said William-avenuc in relation to the existing works of the said company: And whereas it would he of great advantage and convenience to the said company for the purpose of extending its works and affording further and improved dock accommodation of arent public utility that the said company should be enablec to close up 4 and have the exclusive use and possession of the said portion of William-avenue aforesaid: And whereas the council of the municipality of Jfunter's Ifill, as custodians of the said William-avenue, is willing to consent to the said portion of W illiam- avenue described in Schedule B hereto being closed anc the soil thereof vested in the said company upon the said company dedicating to the public and undertaking to form as a road or strect the picce or parcel of lan of the company described in Schedule A hereto for the purpose of connecting the portion of Woolwich-road for public traffic with Elgin-street, Woolwich: And whereas the said company is ready and willing to as aforesaid dedi- cate and form as a road or street the piece or parcel of land described in Schedule A hereto in lieu of the said portion of William-avenue described in Schedule B upon being permitted to close up and have the exclusive use and possession of the said piece or parcel of land described in Schedule B hereto: And whereas the closing of the said portion of William-avenue as aforesaid would not create any public loss, disadvantage, or inconvenience if the said piece or parcel of land described in Schedule A hereto was as aforesaid dedicated and formed in licu thereof as aforesaid; And whereas it a is Act, Mort's Dock and Eng gineering is areatly to the benefit of t facility should be given for ment of the works and the said company : works and dock accommo: ment fora large number of men : the Legislature is necessary the said company to close up 1913. Compra y (Limited) Enabling. ie port of Sydney that every the extension and improve- dock accommodation of the And whereas the improvement of the said ation will provide employ- And whereas an Act of for enabling and authorising the said portion of William- avenue described in Schedule B hereto and to have the soil and the exclusive use and possession of the said por- tion of the said William-avenue vested in the company : Be it therefore enacted by the King's Most Mxcellent Majesty, by and with the advice and consent of the Legis ative Council and Legislative Assembly of New South Wales in Parliament assembled, and authority of the same, as follows :— 1. From and after the commencement of this Act it shall be lawful forthe said Mort's Dock and Engineering Company (Limited), on dedicating the piece or parcel of land described in Schedule A hereto for the use and for the purpose of a public road or strect, to close up an have the exclusive use and possession of the Jand deseribed in Schedule B hereto, and to prevent all persons from going or passing along or in any way using the same, and. the said piece or parcel of' land shal thereupon become, remain, and be vested in the saic Mort's Dock and Enginecring Company (Limited) for an estate in fee simple free from all rights, easements, and privileges of any person or body corporate then previously existing or claimed in, upon, or in respect o such piece or parcel of land. 2. Immediately upon and from and after said dedi cation as aforesaid of the said piece or parcel of lanc described in Schedule A hereto the said picce or parce of land shall be and remain independently of user or non-user for the purposes of a public road or strect, anc the sole control and management of same shall be in and with the persons or body corporate for the time being having the control and management of the roads ways, and strects in the district in and of which the saic piece or parcel of land shall form part. 3. The said company, before closing up the portion of William-avenue also hereinbefore mentioned and deseribed in Schedule B hereto, shall form, make, and complete as a road or street with footpath, kerb, and gutter by the . Vesting in company of land described in Schedule b, and closing of existing road over same. On dedication of Lind described in Schedule A, sane to be a public road, Company to form road, Conpany may plead general ist uc toany proceeding. Bhort title, Act, 1913. "Mort's Dock and Engineer ing Company (Limited) Enabling. gutter on the western side only, to the satisfaction of the council of the municipality of Tunter's Hill, the piece or parcel of land described in Schedule A hereto, in substitution for and in lieu of such portion of the said road or strect as aforesaid. 4. If any action or suit or 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 piece or parcel of land as aforesaid in respect of the said piece or parcel of land described in Schedule B hereto, or of any right, ease- ment, or privilege in respect thereof, or in respect of anything done in the exercise of the power hereby conferred, it shall be lawful for the said company and its assigns to plead the general issue and give this Act in evidence thereunder. 5. This Act may be cited as the " Mort's Dock and Engineering Company (Limited) Enabling Act, 1913." SCHEDULES. SCHEDULE A. ALi that piece or parcel of land containing by admeasurement 24} perches or thereabouts, situated at Woolwich, i in the parish of Hunter's Hill, county ef Cumberland, and State of New South Wales, be the hereinafter several dimensions a little more or less, and being part of land comprised in certificate of title, vol. 2,269, fol. 90: Com. mencing at point on the southern side of Wi oolwich- road, distant westerly 4% inches from the north-eastern corner of land comprised in certificate of title, vol. 2,269, fol. 90 aforesaid ; and bounded thence on the east by the western boundary of part of the land comprised in that certificate of title, bearing 180 degrees 9 minutes 272 feet 9] inches to the north- eastern side of Clarke-roack; thence on the south west by that side of that road bearing 282 degrees 25 feet 64 inches ; thence on the west by a line bearing 0 degrees 9 minutes 267 'feet 6} inches to the southern side of Woolwich-road aforesaid ; and thence on the north by that side of that road bearing 90 degrees 9 minutes 25 fect, to the point of commencement. SCHEDULE Act, 1913. Fale of Clrydd Coal and Brick Company's. SCHEDULE #. All that piece or parcel of Jand containing by admeasurement 29 perches or thercabouts, situated at Woolwich, in the parish of Hunter's Hill, county of Cumberland, and State of New South Wales, be the hereinafter several dimensions a little more or Jess, and known os Williamavenue: Commencing at a point on the southern side of Woolwich-road, being the north-eastern corner of Jot 3 of deposited plan 3,110; and bounded thence on the west by the eastern boundaries of that lot and of lots 7, 8, and 9 of the same deposited plan, bearing southerly 240 fect to the northern side of Clarke road ; thence on the south by that side of that road bearing easterly 33° feet to the south- western corner of lot 12, deposited plain 3,110 aforesaid ; thence on the east by the western boundaries of that lot and of lots 11, 10, and 2 of the same deposited plan, hearing northly 240 feet to the southern side of Woolwich-road aforesaid ; and thence on the north by that side of that road bearing westerly 33 feet, to the point of commencement being at present portion of William-avenue,