New South Wales: Tamworth Cattle Sale-yards Act of 1884 48 Vic (NSW)

An Act to authorize the erection and maine weworn cart tenance of CattleSale-yards by the Borough Council of Tamworth within the Borough of Tamworth. [22nd July, 1884. | Wieas certain land being suburban portion numbered forty- eight containing hy admeasurement four acres three roods and thirty-seven perches more or less situate within the Municipality styled the Borough of Tamworthand more particularly described in the Schedule hereto has been reserved and dedicated as a site for cattle sale-yards 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 he given to the said Council to erect and maintain suitable buildings and yards on such Jand and for such purpose to borrow money and to charge fees and make by-laws for the maintenance and regula- tion of such sale-yards Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legis- lative Council and Legislative Assembly of New South Wales in Parlia- ment assembled and by the authority of the same as follows :— 1. In the construction and for the purpose of this Act— The word " Cattle" shall include horses mares geldings foals oxen bulls cows horned cattle steers heifers calves pigs sheep lambs and goats. The word "Council" shall mean the Borough Council of Tamworth. 2. SALE-YARDS. Preamble. Interpretation clause 8s Council may erect and maintain premises. Power to Council to borrow money. Power to appoint ollicers and make by-laws. * VIC. 1884.. Lanvoor th Cattle Sale-yards. 2. It shall be lawful for the Council to erect and maintain suitable buildings yards and other premises upon the land described in the Schedule to this Act for the purpose of making provision for the sale of cattle therein. 3. To provide funds for the erection and maintenance of buildings yards and premises as aforesaid it shall be lawful for the Council to borrow any sum of money not excecding four thousand pounds at a rate of interest not to exceed eight pounds per ecntum per annum hy debentures secured upon a mortgave of the rates fees and tolls to be levied as herein provided on the general revenue of the said borough from whatever source arising as in the opinion of the Council may be deemed most expedient Provided that the proceeds to arise from such rates fees or tolls and all other profits accruing from the use of such sale-yards and premises received by the Council shall after payment of all current expenses incident to the maintenance of such sale-yards and premises be applied towards the payment of the principal sum so borrowed and any intcrest thereon accrued and an account to be called the " Cattle Sale-yards Fund" shall be kept by the Council. 4, The Council may from time to time appoint officers and servants and make by-laws for the maintenance regulation and manage- ment of the said yards and premises and for determining the fees and charges to be paid as hereinafter provided and the times and modes of collecting and enforcing the payment thereof and generally for carrying out the purposes of this Act And such by-laws shall clearly set forth what pecuniary or other penalty or forfeiture shall be incurred by any No penalty to execed breach thereof respectively Provided always that no such pecuniary five pounds. Proof of by-laws. Power to demand and take fees. Recovery of penalties, Short title. penalty shall in any case exceed the sum of five pounds. 5. All such by-laws shall after approval by the Governor with the advice of the Executive Council be published in the Government Gazetle and in at least one local newspaper and the production of the Gazette purporting to contain a copy of any such by-laws shatl 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. G. So soon as any such sale-yards shall be established and by- laws approved and published the 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-yard within the Borough of 'lamworth 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 execed 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 Council or the Clerk of the 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 proceedings on summary convictions and if any such sum of money or penalty 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 or conviction to pay any such sum or penalty as aforesaid and on failure of distress shall be enforeed 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 he cited as the "Tamworth Cattle Sale-yards Act of 1884." SCHEDULE. 1884. 48° VIC. Boor Oud "Roman Catholic Chureh Land Sale. SCILEDULE. All that parcel of Iand in the Colony of New South Wales adjoining the town of Tamw orth in the county of Inglis parish of Tamworth being suburban portion numbered forty-cight containing by: admeasurement four acres three roods and thirty-seven perches more or less included within the followi ing boundaries Commencing at a point on the town boundary of Tamworth and on the north side of Marius-street bearing west and distant one hundred links froin the south-west corner of portion numbered forty- seven in the parish and county aforesaid and bounded thence on the south by Marius-streect west four hundred and 'thirteen links to a stake bearing south nineteen degrees and fifteen minutes west from 2 gum-tree marked broad-arrow over forty-cight distant fifty links and bounded thenee on the south-west by a road one handred and | fifty links wide bearing north fifty-three degrecs west two chains and ninety-seven links to the south- east corner of portion forty- -nive and bounded thence on the west by a line bearing north six hundred and tw enty I links to a stake forming the north-east corner of portion forty- nine and bounded thence on the north by a road one hundred links wide bearing east six chains fifty links to a stake bearing west one hundred links from the north-west corner of portion forty-seven and bounded thenee on the east by a line bearing south eight hundred links to the point of commencement.