Abattoir Road Act of 1860 No 9a (NSW)

No. II.

An Act to facilitate the communication between

the Abattoirs and Sydney. [4th July, I860.]

WH E R E A S it is expedient to facilitate t h e l ine of communica t ion between t h e Aba t to i r s on Glebe I s l and and the City of Sydney	Be it therefore enac ted by t h e Queen ' s Mos t Excel len t Majesty by and
wi th the advice and consent of t h e Legislat ive Counci l a n d Legislative
Assembly of N e w South Wales in P a r l i a m e n t assembled a n d by the
au thor i ty of t he same as follows :—
1. The Governor w i th t h e advice of t he Execu t ive Council may for t h e purpose of comple t ing t he l ine of communica t ion between t h e said Abat to i r s and the said City for thwith enter upon wi th t h e consent of t he p resen t holders thereof in fee whe the r for an absolute es ta te or upon any t ru s t s t h e whole of t he several lands comprised within the area conta ined in t he R o a d set forth and described in t h e Schedule here to and m a y open and in due form declare t h e said R o a d to be a Pub l i c R o a d for all purposes of a Pub l ic R o a d Provided t h a t as to any such land he ld in t r u s t for any infant or o ther person u n d e r any legal disability i t shal l be lawful for any t rus tee thereof to give such consent in wr i t i ng u n d e r his h a n d addressed to t he Colonial Secretary and t h a t if w i th in fourteen days after receipt of a wr i t t en reques t from such Secretary he shall nei ther so consent nor in l ike m a n n e r declare

declare his refusal to consent such t rus tee shall be held in law to have given such consent and whe the r so consent ing or not so refusing to consent he shall s tand indemnified agains t all l iabil i ty and c la im in respect thereof to any such infant or o ther person Provided also t h a t if a n y such infant or o ther person unde r legal disabil i ty as aforesaid shall w i th in one year nex t after t h e removal of such disabil i ty feel dissatisfied w i t h t he compensat ion provided by th is A c t and shall wi th in such period of one year give or cause to be given not ice in wr i t i ng to t h e Colonial Treasure r c la iming fur ther compensa t ion such claim for fur ther compensa t ion shall be de termined in t h e Supreme Cour t by an ac t ion for damages to be b r o u g h t by t he c la imant aga ins t t h e Colonial Treasurer or u p o n an issue agreed to by t h e c la imant and the Colonial Treasurer A n d in such ac t ion or special case i t shal l be de te rmined whether t h e c la imant was a t t h e t ime of such en t ry upon such lands as aforesaid ent i t led to any and if any wha t a m o u n t of compensat ion over a n d above the compensat ion provided by th is A c t A n d in every such act ion i t shal l be lawful for t h e Colonial Treasurer to p lead in ba r any t ender which m a y have been m a d e on pay ing in to Cour t in t h e usua l way according to t h e pract ice of t he Cour t t he amoun t of t h e money t endered or t o pay money in to Cour t and plead such p a y m e n t in bar of t h e fur ther m a i n t e n a n c e of t h e act ion and whichever p a r t y shal l succeed in such ac t ion or special case shall be ent i t led to costs to be awarded and recovered according to t h e prac t ice of t he Cour t Provided t h a t t h e Colonial Treasurer shall be re imbursed out of t he Consolidated R e v e n u e of t h e Colony all moneys which he may pay or incur for or in respect of damages or costs in any such action or special case.

2. By way of compensat ion to such holders of t h e said

lands b u t subject t o t h e proviso last aforesaid t h e Governor w i th t he

l ike advice m a y by an i n s t r u m e n t in wr i t ing unde r his h a n d a n d the Seal of t he Colony g r a n t to such holders au tho r i t y to fill in and reclaim the l and below h igh-wate r m a r k adjoining the i r own land respectively w h e t h e r held absolutely or u p o n any t ru s t s as aforesaid to

an ex ten t equal to t he in tended wid th of t h e said road ( tha t is t o say

th i r ty- three feet) a n d l ike au thor i ty to erect t he reon or thereover any

wharves or je t t ies a n d m a y g r a n t in fee simple to such holders e i ther absolutely or upon l ike t r u s t s as t h e case m a y be t he l and so reclaimed.

3 . This A c t shall be styled a n d may be cited as t h e " Aba t to i r

Road A c t of 1860 . "

S C H E D U L E .

DESCRIPTION of a Road thirty-three feet wide extending from the Pyrmont Bridge Company's line of road Pyrmont City of Sydney and Parish of Saint Andrew to Ballast Point also in the Parish of Saint Andrew.

Commencing at a point on the Pyrmont Bridge Company's line of road at its inter­ section with a street called Jones-street and continuing along Jones-street to its junction with Crescent-street thence along Crescent-street to its intersection with Millar-street extending thence in a north-westerly direction north seventy-eight degrees thirty minutes west for a distance of seven hundred and sixty feet forming part of a street called Bank-street and being continued round the headland in a curved line for a distance of about seven hundred and thirty feet to a point commonly called Ballast Point and bounded on the west and south-west sides by the high-water mark of Johnson's and Blackwattlc Bay The centre line of road throughout is marked with a lock spit or trench having stakes driven at distances of one hundred feet apart.

N o . I I I .