Dubbo Cattle Sale-yards Act of 1884 No dcs (NSW)

An Act to authorize the erection and main­ tenance of Cattle Sale-yards by the Muni­ cipal Council of Dubbo within the said Municipality. [31st March 1884,]

under the Great Seal of the Colony of N e w South Wales the land in	WH E R E A S b y a deed of grant dated the thirtieth day of October anno Domin i one thousand eight hundred and seventy-six
the Schedule hereto more specifically described was granted to the Munic ipa l Council of D u b b o and their successors for ever subject to the quit-rent therein reserved upon trust to use the said land as a cattle-market and for no other purpose whatsoever A n d 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 Municipal Counci l of D u b b o to erect and maintain suitable buildings and yards on such land and for such purpose to
borrow money and to charge fees and make by-laws for the maintenance
and regulations of such sale-yards Be it therefore enacted b y the Queen's Mos t Excel lent Majesty b y and with the advice and consent
of the Legislative Council and Legislative Assembly of N e w South
Wales in Parliament assembled and b y the authority of the same as
f o l l o w s : —

1. For the purpose of this A c t the word "ca t t l e " wherever used

shall be taken to include all horses mares geldings foals mules bulls
cows bul locks steers heifers calves pigs sheep lambs and goats.

2. I t shall be lawful for the Munic ipa l Council of D u b b o to

erect and maintain suitable buildings yards and other premises upon the land in the Schedule hereto set forth for the purpose of making provision for the sale of cattle therein.

3 . To provide funds for the erection and maintenance of build­

ings yards and premises as aforesaid it shall be lawful for the said Municipal Counci l to borrow any sum of money not exceeding one thousand pounds at a rate of interest not exceeding eight pounds per centum per annum b y debentures secured upon a mortgage of the
rates fees and tolls to be levied as hereinafter provided or the general

revenue of the Municipal i ty f rom whatever source arising as in the opinion of the said Municipal Counci l may be deemed most expedient Provided that the proceeds to arise from such rates fees or tolls and all other profits accruing from the use of such sale-yards and premises received b y the said Munic ipa l Council shall after payment of all current expenses incident to the maintenance of such 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 b y the said Council .
4. The said Council may from time to time appoint officers and servants and make by-laws for the maintenance regulation and man­ agement of the said sale-yards and premises and of all persons buying or selling therein or resorting thereto and generally for carrying out the purpose of this A c t A n d such by-laws shall clearly set forth what pecuniary or other penalty or forfeiture shall be incurred b y any breach thereof respectively Provided always that no such pecuniary penalty shall in any case exceed the sum of five pounds.
5. A l l such by-laws shall after approval by the Governor with
the advice of the Execut ive Council be published in the Gazette and

in one local newspaper A n d the production of the Gazette purporting

b to

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 A c t .

6. So soon as any such sale-yards shall be established and

by-laws approved and published the said Council may demand 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 Municipal i ty of

D u b b o if such cattle be intended for sale b y publ ic auction or private

contract the fees or charges mentioned in the said by-laws Provided

that the fees or charges levied by the said Council 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 A c t .

7. A l l sums of money which shall be imposed or made payable and all penalties and forfeitures incurred under this A c t or any by-laws hereunder may be recovered at the suit of the said Counci l or the clerk of the said Counci l in a summary way before any Justice of the Peace under the provisions of the A c t or Ac t s for the time being in force regulating proceedings on summary convict ions and if any such sum of money be not paid either immediately after the order

or convict ion or within the t ime appointed by such order or convict ion
the same shall be levied b y distress and sale of the goods and chattels

of the offender or person directed b y such order to pay any such sum

as aforesaid and on failure o f distress shall be enforced in the manner directed by the said A c t or Ac ts Subject however to an appeal in the manner provided b y the A c t or Ac t s for the time being in force regulating appeals from Justices of the Peace.

8. This A c t may be cited as the " D u b b o Cattle Sale-yards

A c t of 1884 ."

SCHEDULE.

All that piece or parcel of land in the said Colony of Now South "Wales containing
by admeasurement ten acres (be the same more or less) situated in the county of Lincoln

parish of Dubbo town of Dubbo section twenty-three Commencing at the intersection of the eastern side of G-ipps-street with the southern side of Myall-street and bounded thence

on the north by Myall-street bearing easterly ten chains and nine links on the east by

Eitzroy-strect bearing southerly nine chains and ninety-two links on the south by Macleay-stroet bearing westerly ten chains and nine links and on the west by Gipps- strcot southerly nine chains and ninety-two links to the point of commencement.