New South Wales: Mort's Dock and Engineering Company (Limited) Enabling Act of 1891 55 Vic (NSW)

PNely South Wales, ie ANNO QUINQUAGESIMO QUINTO VICTORIA REGIN As. An Act to enable "Mort's Dock and Engineer. vos bos ase ing Company (Limited)" to close portions Con ar) of certain streets at Mort Bay in the — Borough of Balmain, being the north-east end of College-street and the north-east end of Trouton-street, and to establish a new street in lieu thereof. [21sé November, 1891.] 7 AILEREAS "Mort's Dock and Engineering Company (Limited),'' Preamble. a duly registered Company carrying on business at the head of Waterview or Mort Bay, Balmain, near Sydney, is scised in fee of certain lands on which the works of the said Company are carried on, including the piece or parcel of land mentioned and described in Schedule A hereto. And whereas the several pieces or pareels of land respectively mentioned and described in Schedule B hereto, being portions of certain roads or streets within the Borough of Bahnain, known respectively as College-street and 'Trouton-strect, are now in use as roads or streets leading to public wharves and to the shores of the said bay. And whereas the said portions of the said roads or streets now meet at right angles, and divide the said lands of the said Company, and interfere to some extent with the free and profitable use and enjoyment of the said lands, and the extension of the works and of the dock accommodation of the said Company. And whereas it would be of great advantage and convenience to the said a Company On dedication of land in Schedule A land in Schedule B to vest. in Company, and existing road over same closed, On dedication of Jan Lin Schedule A same to be a public road, do" VIC. 1891. Mort's Dock and Engineering Company (Limited) Enabling. Company for the purpose of extending their works and affording further and improved dock accommodation of great public utility, that they should be enabled to close up and have. the exclusive use and possession of the said portions of the said roads or strects described in Schedule B hereto. And whereas the closing of the said portions of the said roads or streets would not create any public loss, disadvantage, or inconvenience, if the angle formed by the junction of the said portions of the said roads or streets were cut off, and a new and more direct road or street, from College-strect to Trouton-strect aforesaid, through and over the lands of the said Company, were substituted in lieu of the portions so closed. And whereas the said piece or parcel of land described in Schedule .A hereto, being portion of the lands of the said Company, is situate between College and 'Trouton streets aforesaid, and would form a shorter and more convenient means of aceess from College-street to Trouton-strect aforesaid, and thence to the said publie wharves and to the shores of the said bay, and would also afford greater facilities for drainage and other puposes. And whereas the Borough Council of Balmain as custodian of the said roads and strects is willing to consent to the said portions of College and Trouton Strects aforesaid described in Schedule B hereto being closed, and 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 said piece or parcel of land described in Schedule A hereto. And whereas the said Company is ready and willing to substitute, dedicate, and form as a road or street the said lastmentioned piece or parcel of land in lieu of the said portions of College and 'Trouton Streets afore- said, upon being permitted to close up and have the exclusive use anc possession of the said pieces or parcels of land described in Schedule B hereto. And whereas it is greatly for the benefit of the public that every facility should he given for the extension and improvement of the works, and of the dock accommodation, of the said Company. Anc whereas an Act of the Legislature is necessary for enabling and authorizing the said Company to close up the said portions of College and Trouton Streets aforesaid described in Schedule B hereto, and to have the soil and the exclusive use and possession of such portions of the said -streets as aforesaid vested in the said Company: Be it therefore enacted by the Queen's Most Mxeellent 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. From and after the passing of this Act it shall be lawfu or the said " Mort's Dock and Engineering Company (Limited),"? upon dedicating the piece or parcel of land described in Schedule A hereto for the use and for the purpose of a public road or street, to close up and have the exclusive use and possession of the pieces or parcels of and described in Schedule B hereto, and to prevent all persons from coming or passing along or in any way using the same, and the saic pieces or parcels of land shall therenpon become, remain, and be vested in the said " Mort's Dock and Engineering Company (Limited)" for an estate in fee simple free from all rights, easements, anc wivileges of any person or body corporate then previously existing or claimed i in, upon, or with respect to such pieces or pareels of land. 2. Immediately upon and from and after such dedication as aforesaid of the said piece or pareel of land described in Schedule A rereto, the same shall be and remain for ever, independently of user or non-user for such purposes, a public road and strect, and the sole control and management of the same shall be in and with the persons, or body corporate, for the time being haying the control and manage- ment of the roads, ways, and streets in the district in and of which such piece or parcel of land shall form part. 3. 1891. 50° VIC. 3 Mort's Dock and Lingineering Company (Limited) Enabling. The said Company shall, before closing up cither portion Company to form of the * onds or streets hereinbefore mentioned and described in" Schedule B hereto, form, make, and complete as a road or street with foot-paths, kerbs, and gutters, to the satisfaction of the Borough Council of Balmain, the piece or parcel of land described in Schedule A hereto in substitution for and in lieu of such portions of the said roads or streets as aforesaid. 4. Tf any action, or suit, or other legal proccedings shall be Company may plead instituted or taken by any person or body corporate against the said eneredien toany Company after the dedication by the said Company of the said piece or parcel of land as aforesaid in respect of the said picees or parcels of Jand deseribed in Schedule B hercto, or of any right, casement, or privilege in respect thereof, it shall be lawful for the said Company and their assigns to plead the general issuc, and give this Act in evidence thereunder. 5. This Act may be cited as the " Mort's Dock and Enginecring Short title. Company (Limited) Enabling Act of 1891." SCHEDULES SCHEDULE A. All that piece or parcel of land situate in the borough of Balmain, parish of Petersham, county of Cumberland, and Colony of New South Wales, being portion of the land of the said Company lying between College and 'Trouton Streets in the said borough, containing by admeastrement twenty-one perehes, more or less: Commencing ata point in the south-castern boundary-line of College-street aforesaid, one hundred and ninety feet from the junction of that strect on its south- eastern side with Cameron- strect ; and bounded thence on the south-cast by a line bearing north-casterly two hundred and twenty-one fect to the south-west boundary-line of 'Trouton-strect afore- said ; thence by that line bearing north-wester ly thirty- -seven feet to a point in that linc; thenve by a line bearing south-westerly one hundred and thirty-five fect to the south. cast boundary-line of College-street; and thence by that line bearing south-westerly seventy-cight feet, to the point of commencement. SCHEDULE B. All those pieces or parcels of Jand situate in the Borough of Balmain, parish of Petersham, county of Cumberland, and Colony of New South W ales, being portions of College and Trouton Streets respectiv ely in the said bor ough, containing by admeasure- ment thirty perches, more or less: Commencing at a point on the north-w estern boundar 'y- line of College-strect aforesaid, one hundred and ninety-six fect from the junction of that street on its north- western side with Cameron- street ; and bounded on the north- west by a portion of the north-west boundary-line of College- street aforesaid bearing north- easterly two hundred and twenty-three feet to its junction with the north-east boundary-line of Trouton-street aforesaid; thence by that line bearing south-casterly one hunilred and sixteen fect six inches to a point in that line; thence by a line bearing westerly and south-westerly twenty-five feet in a curve, and twenty feet straight, to the south-western boundary-line of Trouton-street aforesaid ; thence by that line bearing north-westerly fifty-cight feet to its junction with the' south-east boundary-line of College- street, aforesaid ; thence by that line bearing south-westerly one hundred and twenty-two feet to a point in that line; and thenee by a line bearing south-westerly xeventy-cight fect, to the point of commencement. An