Blackfriars and Shepherd's Nursery Estates Act of 1889 (NSW)

No. VIII.

An Act to remove doubts as to the power of the Municipal Council of the city of Sydney to take over certain Streets and Lanes as formed or laid out under the subdivision of the Blackfriars Estate and on portion of the Shepherd's Nursery Estate. [12th

September, 1889.]

W H E R E A S it is amongs t o ther th ings provided by the s ix ty-n in th

section of t he " S y d n e y Corporat ion Ac t of 1879 ," for ty- thi rd

Victor ia n u m b e r th ree , t h a t no street , lane, or alley shall be formed wi th in t he said city unless such street be of the wid th of sixty-six feet a t least, and such lane or alley of t he width of t w e n t y feet a t least , in every pa r t thereof respectively : And whereas by t h e seventy-second section of t h e said A c t i t is fur ther provided t h a t every such publ ic way shall , w h e n formed and completed, he held to be for ever dedicated to t h e publ ic use , and all such ways as shal l have been formed e i the r a t t he publ ic expense or otherwise pr ior to the coming in force of t he said Act , and all publ ic ways thereaf ter formed, shall be he ld to have been and to be from t h e t ime of t he formation and comple t ion of t h e same for ever dedicated to t h e publ ic use, and shall be vested in a n d under t he control , m a n a g e m e n t , and direction of t he Counc i l : A n d

whereas by t h e fifteenth section of the " C i t y of Sydney I m p r o v e m e n t

A c t , " for ty- th i rd Victoria n u m b e r twenty-five, it it is provided u n d e r

t h e pena l ty there in declared t h a t no dwel l ing-house shal l be pe rmi t t ed to be buil t f ront ing a lane, court , or way unless such lane, court , o r way shall be of t he wid th of twen ty feet a t the l e a s t : A n d whereas cer ta in s treets and lanes on the subdivision of t he Blackfriars Es ta t e , i n t he ci ty of Sydney, m a d e before the pass ing of t h e said cited Acts , were laid out and formed, and sales of a l lo tments according to such subdivision, as shown on a p lan n u m b e r e d four hund red and sixty-six and deposited in the L a n d Titles Office, were made on t h e twen ty - second day of J a n u a r y , one t housand eight h u n d r e d and seventy-nine , and subsequent ly , and o ther s treets and lanes were laid out and formed on par t of t h e Shepherd ' s N u r s e r y Es ta t e , in t h e said ci ty of Sydney, b u t t h e said streets and lanes do not conform in wid th wi th t h e r equ i r emen t s of t h e said cited Acts , and doubts have been raised whe the r it be lawful for t he said Counci l to accept t he publ ic dedication of and t ake over t h e said s t reets and lanes u n d e r t h e seventy-second section of t h e said first-cited Act , and i t is desirable t h a t such doub t s should be removed as hereinaf ter provident: Be it therefore enac ted

t h e said cited Ac t s or in any other Act , to approve, accept , a n d t ake over t h e streets a n d lanes as now formed or laid out on t h e es ta te k n o w n as t he Blackfriars Es ta te according to t he subdivision shown on the p lan numbered four hund red and sixty-six and deposited in	t h e
by the Queen ' s Most Exce l l en t Majesty , by and w i t h	t he advice	and

consent of t he Legis la t ive Counci l and Legislat ive Assembly of N e w

South Wales in P a r l i a m e n t assembled, and by t h e au tho r i t y of t he

same, as follows :—

1. I t shall be lawful for t he Munic ipa l Council of t he c i ty of Sydney, no twi th s t and ing any th ing to t he cont ra ry conta ined in a n y of

the Land Titles Office, and on the said Shepherd's Nursery Estate ; and such streets and lanes are hereby vested in the said Council, and shall henceforth he deemed to he under the control, management, and direction of the said Council, pursuant to the provisions of the seventy-second section of the " Sydney Corporation Act of 1879 ," for

all purposes of that Act and any Act amending the same, and as if
the said streets and lanes had been formed in compliance with the
provisions in that behalf contained in the said cited Acts.

2. This Act may be cited as the " Blackfriars and Shepherd's Nursery Estates Act of 1889 ."