Lismore Markets and Cattle Sale-yards Act (1904 No lmc) (NSW)

An Act to enable the counci l of the Municipal Distr ict of Lismore to erect and maintain markets and cattle sale-yards upon certain

land granted as a reserve for a market. [21.st

December, 1904.]

WHEREAS, by a deed of g ran t , dated t he s ix teenth day of J u n e , in

the year of our Lord one thousand eight hundred and e ighty- four, under the great seal of t h e Colony of New South "Wales, the land described in the Schedule hereto was gran ted u n t o t he munic ipa l district of Lismore and the i r successors for ever, subject to the qui t r en t there in reserved, upon t rus t to use t h e said lands as a reserve for a m a r k e t and for no o ther use or purpose whatsoever : And whereas it would be for the benefit of t he munic ipa l i ty of Lismore, and of the inhabi tants thereof, t h a t yards for t he sale of ca t t le should be erected upon the said lands, and i t is expedien t t h a t the council of the said munic ipa l distr ict should have power to erect and ma in ta in sui table bui ldings and yards on such land as well as ma rke t bui ld ings , and for such purposes to borrow money, and to charge fees, and to m a k e by-laws for the erection, main tenance , and regula t ion of such m a r k e t and sale-yards. Be it therefore enacted by the K ing ' s Most Exce l len t Majesty, by and with the advice and consent of the Legislative Council and Legislat ive Assembly of N e w South Wales in P a r l i a m e n t assembled, and by the au thor i ty of the same, as follows : —

1. Fo r t he purposes of this Ac t the word " c a t t l e " wherever

used shall be t aken to include all horses, mares, geldings, foals, asses, mules , bul ls , cows, bul locks, steers, heifers, calves, pigs, sheep, lambs, goats , and any other live-stock. The word " c o u n c i l " shall mean the

counci l of the munic ipa l dis tr ict of Lismore .

2. I t shal l be lawful for the council to erect , cons t ruc t , and

3. To provide; funds for the erection, construct ion, and main­ tenance of all such buildings, yards, and o ther works as aforesaid, it shall be lawful for the council to borrow any s u m of money not exceeding th ree thousand pounds, a t a ra te of in teres t no t exceeding eight pounds per c e n t u m per a n n u m , secured upon a mor tgage of t he land

main ta in sui table bui ld ings , yards, and such other works as m a y be deemed expedient upon the land described in t he Schedule here to , or upon any other land tha t may hereafter be acquired for t he purpose of cat t le sale-yards by the council in order to m a k e provision for the sale of cat t le there in , any th ing in the said herein recited g ran t no twi ths tand ing , provided tha t the council shall also erect thereon

marke t bui ld ings

land described in the Schedule hereto, or upon any such other land as aforesaid, with ill] usual covenants and powers of sale, and also upon mor tgage of the rates , fees, and tolls to be levied as hereinafter provided, as in the opinion of the council may be deemed exped i en t : Provided tha t the proceeds to arise from such rates, fees, and tolls, and all o ther profits ar is ing from the use of such buildings, yards , and o the r work, and received by the council shall , after p a y m e n t of all cu r ren t expenses incident to the ma in tenance of such buildings, yards , and such other work he appropr ia ted towards the p a y m e n t of the pr incipal sum so borrowed, and any in teres t thereon accrued ; and an account to be called the m a r k e t and cat t le sale-yards fund shall be

k e p t by t he council .

4. Af te r the said principal and interest have been paid all profits ar is ing as aforesaid shall be passed to the credit of the general revenue of t he council .

5. The council may from t ime to t ime appoint officers and servants , and m a k e by-laws for the ma in tenance , regulat ion, and m a n a g e m e n t of the said bui ldings, sale-yards, and other works, and for de te rmin ing the fees and charges to be paid as hereinafter provided, and the t imes and mode of col lect ing the same and enforcing the p a y m e n t thereof, and generally for car ry ing out the purposes of the Act , And such by-laws shall clearly set forth w h a t pecuniary or other penal ty or forfeiture shall be incurred by any breach thereof respectively : Provided always no such pecuniary pena l ty shall in any case exceed the sum of five pounds .

6. All such by-laws shall , after approval by the Governor, be publ ished in t he Gazet te and in one local newspaper . A n d t h e product ion of the Gazet te or supplement thereof pu rpor t ing to conta in a copy of any such by-laws shall be sufficient evidence in any proceeding in any court of jus t ice tha t such by-laws have been duly made and approved in accordance with the provisions of this Act .

7 . So soon as any such m a r k e t bui ld ings shall be established

and by-laws approved and published, t he council may demand and

any farm or garden produce in the said marke t bui ldings the fees or	t ake from the owner, agent , or person selling or exhib i t ing for sale
charges ment ioned in the by-laws. And so soon as any such ca t t le sale-yards shall be established and by-laws approved and published, t he counci l may demand from the auct ioneer , owner, or agent , or person selling the catt le, and take , in respect of any cat t le b r o u g h t to any such sale-yards, or yarded in or b rough t to any other sale-yards wi th in the munic ipa l district of Lismore , or within two miles from any boundary thereof, if such cat t le be in tended for sale by publ ic auc t ion or pr ivate contract , the fees or charges ment ioned in t he said by- laws : Provided tha t t he fees or charges levied upon cat t le b r o u g h t to o ther sale-yards shal l not exceed those levied upon ca t t le yarded in or b r o u g h t
to t h e sale-yards established under th is Act . 8 .

8 . Auct ioneers and persons selling or offering for sale ca t t le a t

any such sale-yard other t h a n t h e yards established unde r this Act , and wi th in t he aforesaid l imits , shall hand to the officer appointed by t h e council for t h a t purpose, between the first and seventh of every m o n t h , a r e t u r n in wr i t ing of all ca t t l e sold or offered for sale by t h e m du r ing the previous m o n t h , toge ther with t h e a m o u n t of fees chargeable thereon in accordance wi th the provisions and by- laws of th i s Ac t . A n y auct ioneer or person who refuses to m a k e such r e tu rn ,

or who shal l m a k e a false r e t u rn , shall be l iable to a pena l ty of	not
less than twen ty shill ings nor more t h a n five pounds .

9. Al l sums of money which shall be imposed or made payable , and all penal t ies and forfeitures incurred unde r th is Ac t or any by-laws he reunder may be recovered a t t h e sui t of t h e counci l , or the clerk of the council , in a s u m m a r y manner before any jus t ice of t h e peace unde r the provision of t h e Ac t or Acts for t h e t ime be ing in

force regu la t ing proceedings on s u m m a r y convictions.

1 0 . Should the land described in t he Schedule here to be deemed

by the council unsui tab le by reason of its s i tuat ion or area for t h e purpose of ca t t le sale-yards, it shall be lawful for the council , for the purpose of m a k i n g provision for t he sale of ca t t le wi th in the said munic ipa l i ty of Lismore, to purchase or lease any area of land wi th in t he said munic ipa l i ty from any corporat ion or corporations, person or persons whomsoever, and such land, when so purchased and conveyed to or leased by t h e council , shal l be held in t rus t for t he erection and ma in tenance of sale-yards, subject to the provisions of this Act and to t he by- laws to be made hereunder .

1 1 . This Ac t may be cited as t he " L i s m o r e Marke t s and Cat t le

Sale-yards A c t . "

S C H E D U L E .

All t h a t piece or parcel of land conta ining by admeasurement th ree acres one rood sixteen perches, be the same more or less, s i tuated in the county of Rous, parish of

Lismore, town of Lismore : Commencing on the left bank of the Richmond River, a t a

point where the south-western side of Conway-street meets t h a t r iver ; and bounded thence on the north-east by t h a t s treet bearing south sixty eight degrees fifty-one minutes, east six chains ninety-nine l inks to Molesworth-s t reet ; on t h e south-east by t h a t s treet bearing south twenty-one degrees nineteen minutes west four chains ; on the south-west by the north-eastern boundary line of W . Wilson's fifteen acres three roods twenty- three perches, bear ing nor th sixty-eight degrees fifty-one minutes, west nine chains thir ty three links to the Richmond River ; and on the north-west by tha t r iver upwards , to the point of commencement.

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