Bathurst Cattle Sale-yards Act of 1889 (NSW)

An Act to authorize the erection and mainte­

nance of Cattle Sale-yards by the Borough

Council of Bathurst [2nd October, 1881).]

WH E R E A S by notice in the Government Gazette dated the second

day of April, one thousand eight hundred and eighty-nine, the land described in the Schedule hereto was duly 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 be given to the Borough Council of Bathurst to erect, construct, and maintain suitable buildings and yards and such other works as may be deemed expedient on such land or portion thereof, and for such purpose to borrow money and to charge fees and make by-laws for the mainten­ ance 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 purpose of this Act the word "ca t t le" wherever used shall be taken to include all horses, mares, geldings, foals, bulls, cows, steers, heifers, calves, pigs, sheep, lambs, and goats, or any other live stock.

2. I t shall be lawful for the Borough Council of Bathurst to erect, construct, and maintain suitable buildings, yards, and such other works as may be deemed expedient, upon the land in the Schedule hereto sot forth for the purpose of making provision for the sale of cattle therein.

3. To provide funds for the erection, construction, and main­ tenance of buildings, yards, and such other works as may be deemed expedient as aforesaid, it shall be lawful for the said Borough Council of Bathurst to borrow any sum of money not exceeding three thousand pounds, at a rate of interest not exceeding eight pounds per centum per annum, secured upon a mortgage of the land mentioned in the Schedule hereto, with all usual covenants and powers of sale; and also upon mortgage of the fees and tolls to be levied as hereinafter provided, as in the opinion of the said Borough Council of Bathurst may be deemed most expedient, provided that the proceeds to arise from such fees or tolls, and all other profits accruing from the use of such sale-yards, and such other works, and received by the said Borough Council of Bathurst, shall, after payment of all current expense,

e incident

incident to the maintenance of such yards and other works 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; any surplus arising after payment of working expenses shall be transferred to the general account of the said Borough.

4. After the said principal and interest are paid all profits accruing as aforesaid shall be passed to the credit of the general revenue of the said Borough Council of Bathurst at the end of each half-year.
5. The said Borough Council of Bathurst may from time to time appoint officers and servants, and make by-laws for the fixing and collecting of fees, charges, and the maintenance, regulation, and management of the said sale-yards and other works, and of all persons buying or selling therein or resorting thereto, and generally for carrying out the purpose of this Act. And such by-laws shall clearly set forth what pecuniary or other penalty or forfeiture shall be incurred by any breach thereof respectively. Provided always that no such pecuniary penalty shall in any case exceed the sum of five pounds.

6. All such by-laws shall, after approval by the Governor, be published in the Gazette and in one local newspaper. And the produc­ tion of the Gazette or supplement thereof, 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.

7. So soon as any such sale-yards shall be established and by-laws approved and published, the said Borough Council of Bathurst may demand from the auctioneer, agent, owner, or person selling the cattle, and take in respect of any cattle brought to any such sale-yards or yarded in or brought to any other sale-yards within the Borough of Bathurst or within two miles from any boundary thereof 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 upon cattle brought to other sale-yards shall not exceed those levied upon cattle yarded in or brought to the sale-yards established under this Act. Provided further, that the said Council shall have only the power to levy one-half the same rates and charges which are charge­ able in the Municipal Sale-yards for a period of six years from the passing of this Act, but thereafter the said Council shall have power to levy the full rates and charges as aforesaid for or in respect of any yards or premises situated within the aforesaid limits which shall

before the commencement of this Act have been established, and
which are now being used for the bond fide purpose of holding sales
of cattle thereat; but the said privilege of paying only such half rates and charges as aforesaid shall not extend to any proprietor of any such last-mentioned yards or premises, unless he shall within one month after the date of the passing of this Act have given notice to the Council by writing under his hand that he claims the said privilege; but such privilege shall absolutely cease and determine if at any time after the date of the passing of this Act no sale of cattle shall have taken place at such yards or premises for a continuous period of six calendar months.

8. All sums of money which shall be imposed or made payable, and all penalties, forfeitures, and costs incurred under this Act or any by-laws hereunder, may be recovered from the auctioneer, agent, owner, or person selling said cattle at the suit of the said Borough Council of Bathurst, or the Clerk of the said 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;

convictions; and if any such sum of money he not paid immediately after the order or conviction the same shall be levied by distress and sale of the goods and chattels of the offender or offenders, person or persons directed by such order to pay any such sum as aforesaid, and on failure of distress shall be enforced 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.

9. Auctioneers or persons selling or offering for sale cattle at any sale-yard, other than the yards established under this Act, and within the aforesaid limits, shall hand to the officer appointed by the said Borough Council of Bathurst for that purpose, between the first and seventh of every month, a return in writing of all cattle sold or offered for sale by them during the previous month, together with the amount of fees chargeable thereon, in accordance with the provisions and by-laws of this Act, Any auctioneer or person who neglects or refuses to make such return, or who shall make a false return, shall be liable to a penalty of not less than twenty shillings or more than five pounds for every such offence.

10. This Act may be cited as the " Bathurst Cattle Sale-yards

Act of 1889."

S C H E D U L E .

All those eleven acres two roods of land in the parish and county of B a t h u r s t :

Commencing a t a point bear ing two h u n d r e d and seventy degrees one chain from the

nor th-west corner of por t ion n u m b e r e ighty-one (being M . King ' s sixteen acres two roods and twenty- two perches) ; and bounded thence on the n o r t h by a l ine bear ing two hundred and seventy degrees nine chains and two l inks ; t hence on the west by a l ine bear ing one h u n d r e d and seventy-nine degrees twenty-five minutes twen ty chains ; thence on the south by a l ine bear ing n ine ty degrees eight chains and sixty l inks ; and thence on t h e cast by a line bear ing fifty-six minu tes twen ty chains to t he point of commencement , exclusive of reserved road and railway line.