Macquarie-street Land Resumption Act (1879 No 33a) (NSW)
No. IX.
An Act to enable the Government to resume
certain Lands between Macquarie-street
and the Outer Domain. [22nd July, 1879.]
| Macquarie-street and the Outer Domain in the City of Sydney or any | WHEREAS it is expedient that the Government should be enabled to resume the lands hereinafter described situate between |
| portion thereof for public purposes and that due provision be made for the payment of compensation to the persons legally entitled thereto in consideration of such resumption 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:— | |
| enabled to sell and convey lands as thereby provided. |
1. This Act may be cited as the " Macquarie-street Land
Resumption Act."
2. In the construction and for the purposes of this Act and
the enactments incorporated with it the term " Government Railways
Act" means the Act twenty-second Victoria number nineteen
"Governor" means the Governor with the advice of the Executive
Council "Land" means real estate held for any estate or interest
| whatsoever and includes any buildings or erections thereon | " Lease " |
includes an agreement for a lease " Owner " includes all the persons
or bodies corporate who under the Government Railways Act are
3. It shall he lawful for the Governor by a notification of resumption to be published in the Gazette to declare that the whole of the lands described in the First Schedule hereto or that such portion thereof as may be described in the said notification have been resumed for the purposes of this Act And upon such publication the land so described shall thereupon and thenceforth be vested in the Minister for Lands on behalf of Her Majesty for an estate of inheritance in fee simple in possession freed and discharged from all estates interests trusts en cumbrances liens charges contracts agreements rights-of-way and other
casements whatsoever And the whole estate and interest of every person who but for such resumption would have been entitled to the said lands
or any portion thereof and whether to the legal or the equitable estatetherein shall by virtue of this enactment be deemed to have been as fully and effectually conveyed to the said Minister for and on behalf of Her Majesty for public purposes as if the same had been conveyed by the persons legally or equitably entitled by means of the most perfect assurances in the law And every such estate and interest shall upon the publication of such notification be taken to have been converted
into a claim for compensation in pursuance of the provisions hereinafter
contained And every person shall upon asserting his claim as herein after provided and making out his title in respect of any portion of the said resumed lands be entitled to compensation on account of such resumption in manner hereinafter provided.
4. Every person claiming compensation in respect of any land resumed under the authority of this Act shall within thirty days from the publication of such notification or within such extended time as a Judge of the Supreme Court shall upon the application and at the
cost of the claimant appoint in that behalf serve a notice in writing
upon the Minister for Lands and a like notice upon the Crown Solicitor which notice shall set forth the nature of the estate or interest of the claimant in such land together with an abstract of his title and if he claims in respect of damage the nature of the damage which he has sustained or will sustain by reason of such resumption and such notice
may be in the form in the Second Schedule hereto.
5. Within thirty days after the receipt of every such notice of claim by the Crown Solicitor he shall forward the same together with his report thereon to the Minister for Lands who shall thereupon (unless no prima facie case for compensation shall have been disclosed) cause a valuation of the land or of the estate or interest of the claimant therein to be made and shall inform the claimant as soon as practicable
of the amount of such valuation by notice in the form of the Third
Schedule hereto.
6. If within ninety days after the service of notice of claim the claimant and the Minister for Lands shall not agree as to the amount of compensation the claimant shall be at liberty to institute proceedings in the Supreme Court in the form of an action for compensation against such Minister as nominal defendant And any such action may be tried before a Judge of the said Court and a special jury of four persons to be summoned by the Sheriff from the Jurors District for Sydney in accordance with the law regulating the summoning of Jurors for the trial of civil issues Provided always that upon proper application cither of the said Minister or of the claimant a special
jury of twelve may be so summoned for the trial of such action. 7. The issue to be tried in any such action shall be whether ' the claimant is entitled to a larger sum by way of compensation than the amount of the valuation so ma&e by the said Minister and notified to the claimant as aforesaid and if so to what sum And if upon the trial of the said action the verdict shall be for a greater sum than the amount of the said valuation the costs of the action shall be borne by
the
the said Minister hut if the verdict shall he for a sum equal to or less than such valuation then the cost shall he borne by the claimant
And the power to direct a reference to arbitration shall not be exercised by the Judge before whom any such action shall be tried.
8. All moneys payable under this Act by way of compensation to any claimant whether under the verdict of a jury or otherwise shall be paid together with costs (if any) by warrant of the Governor addressed to the Colonial Treasurer within one month after the determination of such compensation to the person lawfully entitled thereto or to his agent duly authorized in that behalf in writing but the claimant shall be bound to make out his title to the estate or interest claimed by him in all cases where the claim is in respect of the depriva
tion of some estate or interest in land.
9. In estimating or assessing the compensation to be paid under this Act regard shall be had by the valuators and by the jury (on any issue) not only to the value of the land taken by the Minister
but also to the damage (if any) to be sustained by the owner of
the lands by reason of the severing of the lands taken from the other lands of such owner or otherwise injuriously affecting such other lands by the exercise of the powers expressed or incorporated in this Act
and they shall assess the same according to what they shall find to
have been the value of such lands estate or interest at the time of the
resumption thereof.
10. The several sections of the Government Railways Act here inafter specified together with the respective powers authorities duties liabilities obligations and other the provisions therein contained are hereby declared to be incorporated with and embodied in this Act to the intent that the same may be applied as fully and effectually to the lands taken under the authority of this Act as if the said sections had been specifically enacted herein Provided always that all conveyances releases or other instruments taken by the Minister for Lands from persons claiming interests in any lands taken hereunder under the
sections hereby incorporated referring to land under mortgage or other
incumbrance shall be deemed to be by way of acquittance or discharge only And that wheresoever in any section so incorporated the word " Commissioner" occurs there shall for the purposes of this Act be substituted in lieu of such word the expression "Minister for Lands" The following are the sections so declared to be incorporated with this
Act—
(1.) As to the deposit of compensation money in certain cases
with the Master in Equity and the application and investment thereof As to payment of such money in certain cases to
trustees or to the parties themselves and the exoneration of
the Minister for Lands in respect thereof after payment
Sections forty-seven to fifty-two both inclusive.
(2.) As to the deposit and application of compensation money on refusal of the owner to accept the same or on his failing to make out a satisfactory title and as to presumption of owner
ship Sections fifty-three to fifty-six both inclusive. (3.) As to the procedure by the Minister for Lands in case the owner or occupier of any lands resumed under this Act shall refuse to give up possession thereof or hinder the Minister from entering
upon or taking possession of the same Section sixty-one. (4.) As to the purchase or redemption of the interests of mortgagees and the deposit of principal and interest due on mortgages with the Master in Equity the procedure to be observed when the mortgaged lands are of less value than the mortgage debt and where part only of lands in mortgage are
taken Sections sixty-five to seventy both inclusive. (5.)
(5.) As to the release of lands from rent charges and other incum
brances and procedure thereon Sections seventy-one to seventy-four both inclusive. (6.) As to the apportionment of rent where lands taken are under
lease and as to compensation to tenants Sections seventy-
five to seventy-eight both inclusive.
SCHEDULES.
F I R S T S C H E D U L E . Description.
One acre one rood thirty perches County of Cumberland parish of St. James
City of Sydney allotments 2 3 4A and 4B of section 50 being allotments granted to W . C. Wentworth J. Buckley J. W y l d e and Maurice O'Connell respectively Commencing on the eastern building-line of Macquarie-street at a point where the northern side
of the wall forming the northern boundary of the land occupied by the Legislat ive
Chambers meets that building-line and bounded thence on the south by the northern side of that wall bearing about north eighty-six degrees thirty minutes east five chains twenty-four and a half links on the north-east by a line bearing north twentv-three degrees thirty minutes west about three chains sixty-two and a half links to the south eastern corner of allotment five of about one acre seven perches resumed by the Crown under A c t of Council thirty-lour Victoria number five on the north by lines dividing it from that allotment bearing about south eighty-six degrees thirty minutes west two chains eighteen links south three degrees thirty minutes east seventy-seven links and thence south eighty-six degrees thirty minutes west two chains half link to tlte aforesaid building-line of Macquarie-street and on the west by that building-line bearing about south three degrees fifteen minutes east two chains sixty-four and three-quarter links to the point of commencement.
S E C O N D S C H E D U L E : Notice of claim and abstract.
T o the Minister for Lands (or Crown Solicitor) .
I N pursuance of the "Macquarie-street Land Resumption A c t " and of the enactments
therewith incorporated I (or w e ) hereby give you notice that I (or w e ) claim compen sation in respect of the land hereunder described which has been resumed under the said A c t . The amount of such claim and other the particulars required by the said A c t are stated in the subjoined abstract.
Abstract
Names of persons
Names and | Particulars of
Names of occupiers Dates and having the custody of
descriptions of Quit rents pay claim specifying
Situation distinguishing other short documents and place
parties claiming and able if leasehold ; separately the
and whether tenants-at- particulars or places where the
nature of their name of landlord amount claimed
description will or under lease of docu same may be in
interests whether term of lease and for value of
of property. rent reserved ments of spected and name of
tenants for life in rent reserved. property and fci
terms &c. title. claimants' solicitor
tail or otherwise. compensation. or agent. (Sir/nature)
(Address)
(Bate)
T H I R D
T H I R D S C H E D U L E . Notice of Valuation.
T o A . B . claimant in respect of the land hereunder described resumed under the
" Macquarie-street Land Resumption A c t . "
T A K E notice that the land hereunder described being that in respect of the resumption
whereof under the authority of the aforesaid A c t your claim for compensation has been
lodged has been valued at the sum of £
T. II.
Minister for Lands.
Description of Land in respect of which claim has been made.
A L L that piece or parcel of land &c. &c. &c.
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0
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