Cattle Sale Yards Act of 1870 No 12a (NSW)

No. XVI.

An Act to authorize the Municipal Council of

the City of Sydney to establish Yards for the

Sale of Cattle. [6th May, 1870.]

WHEREAS it is expedient that Central Sale Yards for the sale of Municipal Council of the City of Sydney and it is necessary that the Cattle intended to he slaughtered should be established by the
said Council should be empowered to purchase lands for the erection and maintenance thereon of suitable buildings and yards for the purpose of holding such sales 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. In the construction and for the purposes of this Act the word "Cattle" shall include all horses sheep lambs oxen bulls cows calves horned cattle pigs and goats.
2. From and after the first day of November there shall be paid to the Municipal Council of the City of Sydney by the owner of every head of stock brought to any Sale Yards established under this Act the several fees and charges set forth and specified by by-laws to be made by the said Council under the provisions herein­ after contained.
3. It shall be lawful for the Municipal Council of the City of Sydney to establish in such suitable place or places as the said Council may determine buildings yards and other premises for the purpose of making provision for the sale of cattle.

4. To provide funds for the erection and maintenance of such buildings yards and premises as aforesaid it shall be lawful for the said Municipal Council to borrow any sum of money not exceeding twelve thousand pounds at a rate of interest not exceeding six pounds per centum per annum by Debentures secured upon their corporate revenues from whatever source arising Provided that the proceeds arising from the fees on the sale of cattle at such yards and all other profits accruing therefrom received by the said Council shall after payment of the current expenses incident to the maintenance of the 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 City Treasurer.

5. The said Municipal Council shall have power to purchase acquire and hold lands and any estate or interest therein for the purposes of this Act and also for the like purpose to sell dispose of or exchange the same from time to time for other lands estates or interests therein.

6. So soon as any such Sale Yards shall be established and by­ laws shall be approved and published as hereinafter provided it shall be lawful for the said Municipal Council to take and demand in respect of any cattle intended for slaughter yarded or brought for sale by auction to any sale yards or premises in the City of Sydney or within ten miles thereof the fees or charges specified and set forth in by-laws to be made as hereinafter directed Provided that nothing herein contained shall be held to interfere with the establishment under the authority of the Legislature of any other Cattle Markets beyond the boundaries of the City of Sydney although within ten miles thereof.

B 7.

7. It shall be lawful for the said Municipal Council from time to time to make such by-laws for the maintenance of the said Sale Yards and premises and for the regulation of sales thereat and generally for carrying out this Act as the said Council may deem requisite Provided that no such by-laws shall be of any force until the same shall have been approved of by the Governor and Executive Council nor until a copy thereof shall have been exhibited in some conspicuous place in the said yards and premises and published in the Government Gazette for at least one week and production of the said Gazette containing such by-laws or of a printed or written copy thereof certified in writing by the Town Clerk for the time-being to be a true copy shall be sufficient evidence of such by-laws on any proceedings instituted under this Act.

8. All penalties for offences against this Act or any by-laws to be made thereunder may be recovered by and before two or more Justices of the Peace in a summary way and in case of non-payment thereof may be enforced by distress and sale of the offender's goods and chattels and on failure of distress may be recovered in manner provided by the Act eleventh and twelfth Victoria chapter forty-three as adopted by the Act of the Governor and Legislative Council four­ teenth Victoria number forty-three and by any Act amending the same.

9. This Act may be cited as the "Cattle Sale Yards Act of

1870."