Canterbury Park Racecourse Company, Limited, Enabling Act of 1911 (NSW)

ANNO SECUNDO

GEORGII V REGIS .

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An Act to enable the Canterbury Park Race- course Company, Limited, to close certain s t ree ts in the municipal i ty of Canterbury, be ing James-s t ree t and Ar thur -s t ree t , and port ion of a certain s t ree t in the said muni­ cipality, be ing a port ion of Freder ick-s t ree t , and in lieu thereof to dedicate for the use and for the purpose of public roads or s t ree ts certain pieces or parcels of land in the municipal i ty of Canterbury aforesaid; and for other purposes consequent thereon or

pieces or parcels of land mentioned and described in Schedule A hereto : And whereas the several pieces or parcels of land respectively mentioned and

incidental there to . [21st July, 1911.]

WH E R E A S the Canterbury Park Racecourse Company, Limited, pality of Canterbury, near Sydney, is seized in fee simple of the several a duly registered company carrying on business in the munici­

and described in Schedule B hereto, being certain roads or streets within the municipality of Canterbury, known respectively as James- street and Arthur-street, and being portion of a certain road or street within the said municipality, known as Frederick-street, are now in use as roads or streets : And whereas it is desirable that the width of certain roads or streets within the municipality of Canterbury, known respectively as John-street and Palmer-street, and portion of a certain road or street within the said municipality, known as Broughton-street, should be increased by adding to the width of such roads or streets, and of such portion of the said road or street, the pieces or parcels of land described in Schedule A hereto : And whereas the council of the municipality of Canterbury, as custodians of the said roads or streets, is willing to consent to the said James-street and Arthur-street and the said portion of Frederick-street described in Schedule B hereto being closed and the soil thereof vested in the said company upon the said company dedicating to the public the pieces or parcels of land of the company described in Schedule A hereto, for the purpose of enabling the said council to increase the width of the said John-street and Palmer-street and the said portion of Broughton-street: And whereas the said company is ready and willing to substitute, and dedicate as aforesaid, the pieces or parcels of land described in Schedule A hereto, in lieu of the said James-street and Arthur-street and the said portion of Frederick-street, upon being permitted to close up and have the exclusive use and possession of the said pieces or parcels of land described in Schedule B hereto: And whereas the closing of the said James-street and Arthur-street and the said portion of Frederick- street would not create any public loss, disadvantage, or inconvenience if the said pieces or parcels of land described in Schedule A hereto were substituted and dedicated in lieu thereof as aforesaid : And whereas an Act of the Legislature is necessary for enabling and authorising the said company to close up the said James-street and Arthur-street and the said portion of Frederick-street described in Schedule B hereto, and to have the soil and the exclusive use and

vested in the said company : Be it therefore enacted by the King's	possession of the said streets and the said portion of the said street
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 . This Act may be cited as the " Canterbury Park Racecourse Company, Limited, Enabling Act of 1911."
2. At any time within one year after the commencement of this Act, it shall be lawful for the said Canterbury Park Racecourse Company, Limited, upon dedicating the pieces or parcels of land- described in Schedule A hereto for the use and for the purpose of

public

public roads or streets, or for the use and for the purpose of portions of public roads or streets, to close up and have the exclusive use and possession of the lands described in Schedule B hereto, and to prevent all persons from corning or passing along or in any way using the same, and the said pieces or parcels or land shall thereupon become, remain, and be vested in the said Canterbury Park Racecourse Company, Limited, for an estate in fee-simple, free from all rights, easements, and privileges whatsoever of any person or body corporate then previously existing or claimed in, upon, or in respect of such pieces or parcels of land.

3. Immediately upon and from and after the said dedication as aforesaid of the said pieces or parcels of land described in Schedule A hereto, the said pieces or parcels of land shall be and remain independently of user or non-user for such purposes public roads, or streets, or portions of public roads or streets, and the sole control and management of the same shall be in and with the persons or body corporate for the time being having the control and management of the roads, ways, or streets in the district in and of which the said pieces or parcels of land shall form part :
Provided that it shall not be incumbent upon the said company to construct, make, or complete as roads or streets, or as portions of roads or streets, the said pieces or parcels of land described in Schedule A hereto.

4. If any action or suit or other legal proceeding shall be instituted or taken by any person or body corporate against the said company after the dedication by the said company of the said pieces or parcels of land as aforesaid in respect of the said pieces or parcels of land described in Schedule B hereto, or of any right, easement, or privilege in respect thereof, or in respect of anything done in the exercise of the powers conferred by this Act, it shall be lawful for the said company and their assigns to plead the general issue and give this Act in evidence thereunder.

B SCHEDULES.

SCHEDULES.

S C H E D U L E A,

Description of lands proposed to be dedicated to widen existing roads.

A L L t h a t piece or parcel of land s i tua te in t he municipal i ty of Can te rbu ry , parish of Pe te r sham, county of Cumber land , and S ta te of New South Wales , being portion of lots 2, 3, 6, 7, and 10, of section 10, of the village of Canterbury , and containing by admeasurement 1 rood 71/3 perches : Commencing a t the intersection of t he nor th eas tern side of Broughton-s t reet wi th t he north-western side of John-s t reet , and bounded on the south east by the said John-s t ree t bear ing north-easter ly 805 feet 6 inches to Palmer- s t ree t ; thence on the north-east by t h a t s t reet bearing north-westerly 16 f e e t ; thence on the nor th-west by a line bear ing south-westerly 805 feet 51/2 inches to Broughton-s t ree t aforesaid ; and thence on the south-west by t h a t s t reet bearing south easterly 16 feet, to the point of commencement.

Also all t h a t piece or parcel of land s i tuate in the municipal i ty of Cante rbury , par ish of Pe te rsham, county of Cumber land, and S ta te of New South Wales , conta in ing by admeasurement 141/2 perches : Commencing a t the intersection of the south-western side of Palmer-s t ree t with the nor th-western side of Frederick-street , and bounded thence on the north-east by the said Palmer-s t ree t bear ing north-easterly 247 feet 63/4 inches to James-s t reet ; thence on the north-east by tha t s treet bear ing south-westerly 16 f e e t ; thence on the south-west by a l ine bear ing south-easterly 247 feet 63/4 inches to Freder ick-s t reet aforesaid ; and thence on the south-east by tha t s t reet bear ing nor th­ easterly 16 feet, to the point of commencement .

Also all t h a t piece or parcel of land s i tuate in the municipal i ty of Can te rbury ,

parish of Petersham, county of Cumberland, and Sta te of New South Wales, being port ion of lots 9 and 10, section 10, of the village.of Canterbury , and containing by admeasurement 221/3 perches : Commencing a t a point d i s t an t 16 feet north-westerly from the intersection of the south-western side of Palmer-s t reet wi th t he north-western side of J o h n - s t r e e t ; and bounded on the south-east by a line bearing south-westerly 16 fee t ; thence on the south-west by a line bear ing north-westerly 380 feet to Freder ick-s t ree t ; thence on the nor th-west by t h a t s t reet bear ing north-easterly 16 feet to Palmer-s t reet aforesaid ; and thence on the north-east by t h a t s treet bear ing south-easterly 380 feet, to the point of commencement.

A n d also all t ha t piece or parcel of land s i tua te in the municipal i ty of Canterbury ,

parish of Pe te rsham, county of Cumber land , and S ta te of New South Wales , being port ion of lots 1 and 2, section 10, of the village of Can te rbury , and containing by admeasurement 221/2 perches : Commencing a t a point d i s t an t 16 feet north-wester ly

from the intersection of the north-eastern side of Broughton-street wi th the nor th-western

side of J o h n - s t r e e t ; and bounded on the south-east by a l ine bear ing north-easterly 16

fee t ; thence on the north-east by a line bear ing north-westerly 382 feet to Frederick-

s t r e e t ; thence on the north-west by tha t s t reet bear ing south-westerly 16 feet to
Broughton-s t ree t aforesaid , and thence on the south-west by t h a t s t reet bearing 382 feet

3/4 inch, to the point of commencement.

S C H E D U L E

S C H E D U L E B.

Description of roads proposed to be closed and granted to the Canterbury Park

Racecourse Company in fee simple.

All t h a t piece or parcel of land s i tuate in the municipal i ty of Can te rbury , parish

of Pe te rsham, county of Cumberland, and S ta t e of New South Wales , being por t ion of James-s t ree t in the said municipali ty, containing by admeasurement 3 roods 15/6 perches : Commencing a t a point d i s t an t 16 feet south-westerly from the intersection of the south­ western side of Palmer-s t reet wi th the south-eastern side of the said James-s t reet , and bounded on the south-east by the south-eastern bui ld ing line of the said James-s t reet , bear ing south-westerly 1,007 feet 4 inches to Cook's R i v e r ; thence on the south-west by t h a t r iver bear ing north-wester ly to the nor th-western bui lding line of the said J ames - street ; thence on the north-west by t h a t building line bear ing north-easter ly 1,005 feet 6 inches to Palmer-s t reet aforesaid ; and thence on the east by a line bear ing south-easterly 33 feet, to the point of commencement .

A n d also, all t h a t piece or parcel of land s i tuate in the municipal i ty of Canterbury , parish of Pe te rsham, county of Cumber land, and S ta te of N e w South Wales , being Ar thu r - s t r ee t in the said municipali ty, conta in ing by admeasurement 1 rood 51/2 perches : Commencing a t the junct ion of the nor th-western side of Frederick-street with t he nor th-eastern side of the said Ar thur - s t ree t , and bounded on the north-east by the nor th-eas tern bui ld ing line of the said A r t h u r s t reet bearing north-westerly 247 feet 71/2 i n c h e s ; thence on the north-west by the south-eastern side of James-s t ree t bear ing south-westerly 50 feet ; thence on the south-west by t he south-western building line of the said Ar thur - s t ree t bearing south-easterly 247 feet 71/2 inches to Frederick-street aforesaid ; and thence on the south-east by the nor th-western side of the said Frederick- street bear ing north-easter ly 50 feet, to the point of commencement.

A n d also all t h a t piece or parcel of land s i tuate in the municipal i ty of Canterbury ,

parish of Pe te rsham, county of Cumber land, and S ta t e of N e w South Wales , being portion of Frederick-street in the said municipal i ty, containing by admeasurement 3 roods 2 5 | perches : Commencing a t a point d i s tan t 16 feet south-westerly from the intersection of the south-western side of Palmer-s t reet with the north-western side of Frederick-street , and bounded on the north-west by the nor th-western building line of the said Frederick- street bear ing south-westerly 792 feet 51/2 inches ; thence on the south-west by the remainder of the said Freder ick-s t reet bear ing south-easterly 50 f e e t ; thence on the south­ east by the south-eastern building line of the said Freder ick-s t ree t bear ing north-easter ly 792 feet 51/2 inches ; and thence on the north-east by a line bear ing north-westerly 50 feet, to the point of commencement.