New South Wales: West Maitland Cattle Sale-yards Act of 1888 52 Vic (NSW)

West MAITLannd CATTLE SALE-YARDS, Preamble. Interpretation of the word " Cattle." Council may buy land and erect. and maintain sale-yards. Borrowing powers. Power to appoint officers and make by-laws. 52° VIC. 1888. An Act to enable the Borough of West Mait- land to purehase Land and erect and maintain Cattle Sale-yards thereon. [13th December, 1888. | AY HEREAS the Council of the Borough of West Maitland are desirous of establishing yards for the sale of cattle in or near that Borough: And whereas it is expedient that such yards should be established, and it is necessary for such purpose that full power should be given to the said Council of the Borough of West Maitland to purchase land and erect and maintain thereon suitable buildings and yards, and for such purpose to borrow money, by debentures, secured upon a mortgage of the said property and of the rates, fees, and tolls to be levied thereat, or the gencral revenue of the said Borough, from whatever source arising, as in the opinion of the said Council may be deemed most expedient, and to charge fees and to make by-laws for the maintenance and regulation of such sale-yards : Be it therefore enacted by the Queen's Most Excellent 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. For the purposes of this Act the word " Cattle,' whenever used, 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 Council of the Borough of West Maitland to establish yards, and to erect and maintain suitable build- ings upon the lands described in the Schedule hereto for the sale of cattle, and for that purpose to purchase, acquire, and hold the said lands in the said Schedule mentioned and described. 3. To provide funds for the purchase of the said lands, and the erection and maintenance thereon of the said buildings, yards, and premises, it shall be lawful for the said Council to borrow any sum of money, not exceeding ten thousand pounds, at a rate of interest not excecding six pounds per centum per annwn, by debentures secured upon a mortgage of the said property, and upon the rates, fees, and tolls to be levied at the said sale-yards, or at other sale-yards, as here- inafter provided; or upon the general revenue of the said Borough, from whatever source arising, as in the opinion of the said Council may be deemed most expedient. Provided that the procecds 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 said Council shall, after payment of all current expenses incident to the maintenance of such buildings, yards, and premises, be appropriated towards the payment of the principal sum so borrowed and any interest thereon accrued, 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 servants and make by-laws for the maintenance, regulation, and management of the said sale-vards and premises, and for the guidance of all persons buying or selling therein or resorting thereto, and for levying fees and charges as hereinafter mentioned, and generally for carrying out the purposes of this Act. And such by-laws shall be subject to the approval of the Governor, with the advice of the Executive Council, and shall clearly set forth what pecuniary or other penalty Ss: 1888. 52° VIC. 11 West Maitland Cattle Sale-yards. penalty or forfeiture shall be incurred by any breach thereof respec- tively. Provided always that no such pecuniary penalty or forfeiture No penalty under shall in any case exceed the sum of five pounds. by-laws to exceed od . pounds. 5. All such by-laws shall, after approval by the Governor with 4),roval and proof the advice of the Executive Council as aforesaid, be published in the of by-laws. Gazette and in one local newspaper. And the production of the Gazette, 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. 6. So soon as any such sale-yards shall he established, and Power to demand by-laws approved and published, the said Council may demand and 84 take fees. take, in respect of any cattle brought to such sale-yards, or yarded in, or brought to any other sale-yards within two miles of the sale-yards to be erected under the authority of this Act, 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 levicd 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, Recovery of fees, and all penalties and forfeitures incurred under this Act, or any penalties, &e. by-laws hereunder, may be recovered at the suit of the said Council, ov the Clerk of the said Council, ina summary way before any Justice of the Peace, under the provisions of the Act or Acts for the time being in force regulating procecdings 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 enforeed in the manner directed by such 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. he lands aforesaid, and in the Schedule hereto described, tands vested in together with all ways, rights of way, and easements whatsoever to the Borough without said lands belonging, shall, after purchase, by virtue of this Act, and Fane': without the necessity of any conveyance, be vested in the said Council and their successors in office in fec-simple upon the passing of this Act. 9. This Act may be cited as the " West Maitland Cattle Sale- short title. yards Act of 1888." SCHEDULE. All that picce or parcel of land containing by admeasurement five acres and thirty-seven perches, more or less, being allotments numbers eight, seven, six, five, four, three, and part of allotments one, two, and seventy-nine, as exhibited in the plan of the sub-division of the " Walka Estate," and forming portion of a grant of four hundred and sixteen acres to one Houston Mitchell, situate, lying, and being at West Maitland, in the parish of Maitland, in the county of Northumberland, and Colony of New South Wales: Commencing at the north corner of lot cight on the south-west side of High-street ; and bounded towards the north-east. by High-street bearing south thirty- two degrees thirty-eight minutes east ten chains and twenty-five links towards the south-east by a line bearing south, fifty-four degrees seven minutes west one chain and cighty-two links; again towards the south-cast by another line bearing south seventy-four degrees fifty-three minutes west four chains and seventy-six links; towards south-west by a line bearing north, twenty-seven degrees west two chains and forty-three links; towards the north-west by a line bearing north seventy-five degrees fifty-five minutes east, and by the southern extremity of a road seventy-five links wide, one chain and twenty links; again towards the south-west by part of the north-cast side of a road seventy-five links wide bearing north thirty-seven degrees seventeen minutes west six chains and three links; thence towards the north-west by the south- cast boundary of lot nine and by a line bearing north forty-seven degrecs seventeen minutes east five chains and fifty-three links, to the point of commencement. 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