Mort Bay Improvement Act 1884 No mbi (NSW)

duly registered Company carrying on business at the head of Waterv iew or Mor t Bay Balmain near Sydney is seised in fee of certain lands on which the works of the said Company are carried on including the several pieces and parcels of land respectively mentioned and described in Schedules A and B hereto A n d whereas the several pieces or parcels of land respectively mentioned and described in Schedules C and D hereto are n o w in use as roads or streets within the Borough of Balmain leading to publ ic wharves used by the Balmain Steam Ferry and other boats and the said streets or roads intersect and

An Act to enable Mort's Dock and Engineer­

ing Company (Limited) to close certain

streets through their property at Mort

Bay and to establish new streets in lieu

thereof. [2nd May, 1884 ]

WH E R E A S Mort 's D o c k and Engineering Company (Limited) a

and divide the said lands of the said Company and interfere to some extent with the free and profitable use and enjoyment of the said lands and increase of the said business A n d whereas the said wharves are not conveniently situated for the use of the passengers b y the said steamers and other boats in consequence of and the passage of the said steamers and boats is often impeded b y the largo and constantly increasing number of steam and other vessels resorting to the premises of the said Company for docking repair and other purposes A n d whereas the closing of the said roads or streets would not create any public loss disadvantage or inconvenience if other roads or streets leading to the shores of the said Bay in the immediate neighbourhood of the said existing streets

or roads were substituted for the same and wharves and proper
approaches constructed and made for the landing of passengers A n d whereas the Borough Counci l of Balmain as custodian of the said roads is wil l ing to consent to the said existing road or street described in Schedule C being a portion of the continuation of Mort-street from the intersection of N e w John-street to the waters of Mor t Bay being closed and the soil thereof vested in the said Company upon the said Company dedicating to the public and undertaking to form as a road the said
piece or parcel of land described in Schedule A and to construct a con­
venient wharf at the junct ion of the said land with the waters of the said Bay with suitable approaches and waiting-rooms in connection therewith and the said Council is also wil l ing to consent to the portion of the said existing road or street known as Ycend-strect described in Schedule D being closed and the soil thereof vested in the said Company upon the said Company dedicating to the publ ic and undertaking to
form as a road the said parcel of land described in Schedule B hereto
and to construct a convenient wharf with suitable approaches and Avaiting-rooms A n d Avhereas the scAreral parcels of land described in Schedules A and B hereto are in the immediate neighbourhood of the said existing roads or streets so proposed to be closed as aforesaid and
Avould form more convenient and advantageous public roads or streets
to the shores of the said Bay than the said existing roads or streets and the said Company is Avilling to substitute dedicate and form as roads or streets the said several pieces of land described in the said Schedules A and B in lieu of the said existing streets or roads and to construct and make for the public use suitable Avharves and Avaiting- rooms in lieu of those now in use upon being permitted to close up and have the exclusive use and possession of the said pieces or parcels of land described in Schedules C and D hereto A n d AAdiercas it is greatly
for the benefit of the public and especially of those oAvning land in the
neighbourhood of the said existing streets or roads that every facility
should bo given for the extension of the works of the said Company
A n d whereas an A c t of the Legislature is necessarv for enabling and
authorizing the said Company to close up and have the exclusive use and possession of the said pieces or parcels of land respectively described in Schedules C and 1) hereto Be it therefore enacted by the Queen's
M o s t Exccf lent Majesty by and with the advice and consent of the LcgislaLVe Council and Legislative Assembly of N e w South Wales in
Parliament assembled and by the authority of the same as follows : —
1. P r o m and after the passing of this A c t it shall be lawful for
the said Mort ' s P o c k and Engineering Company (Limited) upon
dedicating the piece or parcel of land described in Schedule A hereto
to the use and purpose of a publ ic road or street to close up and have
the exclusive use and possession of the piece or parcel of land described
in Schedule C hereto and to prevent all persons from coming on
passing along or in any way using the same and the said piece or

parcel of land shall thereupon become remain and be vested in the

said

said Mor t ' s D o c k and Engineering Company (Limited) for an estate in fee-simple free from all rights easements and privileges of any person then previously existing or claimed in upon or with respect to such

piece or parcel of land.

2. F rom and after the passing of this A c t it shall he lawful for the said Company upon dedicating the piece or parcel of land described in Schedule B hereto to the use and purpose of a publ ic road or street to close up and have the exclusive use and possession of the said piece

or parcel of land described in Schedule D hereto and to prevent any
person from coming on passing along or in any way using the same and the said piece or parcel of land shall thereupon become remain and be vested in the said Company for an estate in fee-simple free from all rights easements and privileges of any person then previously existing or claimed in upon or with respect to such piece or parcel of land.
3. Immediately upon and f rom and after such dedication as aforesaid of the said several pieces or parcels o f land described in the Schedules A and B hereto the same shall be and remain for ever independently o f user or non-user for such purposes publ ic roads and

streets and the sole control and management of the same shall be in

and with the persons for the t ime being having the control and management o f the roads ways and streets in the district in and o f which such pieces or parcels of land respectively shall form part.

4. The said Company shall within six months from the passing

of this A c t and before closing up either of the roads hereinbefore
mentioned form and make as roads or streets the several pieces or parcels

of land mentioned in Schedules A and B hereto and shall erect
convenient wharves with approaches thereto and waiting-rooms for the convenience of the public and in default such works may respec­ tively be done or continued as the case may be b y or under the direction and to the satisfaction of the Borough Counci l of Balmain but at the expense of the said Company and the said Council may sue the said Company for the cost thereof in any Court of competent jurisdiction as money paid by the said Counci l at the request of the said Company.
5. I f any action or suit or other legal proceedings shall be instituted or taken b y any person against the said Company after the dedication b y the said Company of the said several pieces or parcels of land as aforesaid in respect o f the said pieces or parcels of land re­ spectively described in Schedules C and D hereto or of any right easement or privilege in respect thereof it shall be lawful for the said

in evidence thereunder. Company and their assigns to plead the general issue and give this A c t S C H E D U L E S

S C H E D U L E S .

S C H E D U L E A.

All that parcel of land situate in the Borough of Balmain parish of Petersham

county of Cumberland and Colony of New South Wales being portion of the five

hundred and iifty acres granted to William Balmain containing by admeasurement one

rood and twenty-eight perches Commencing at the junction of the north-eastern side

of New John-street with the south-eastern side of Mort-street and bounded on the

southern side by a line bearing east thirteen degrees fifty-five minutes north three

hundred and ten feet to the waters of Mort Bay thence by the waters of that bay
bearing northerly about fifty-one feet thence by a line bearing west thirteen degrees fifty-five minutes south two hundred and one feet thence by a line bearing south forty- seven degrees thirty-three minutes west one hundred and five feet to the point of com­

mencement B e the above-mentioned several dimensions a little more or less.

S C H E D U L E B..

All that parcel of land situate in the Borough of Balmain parish of Petersham

County of Cumberland and Colony of New South Wales being a portion of the five

hundred and fifty acres granted to William Balmain containing by admeasurement

twenty-four and one-third perches Commencing at the junction of the western sido of Bonald-street with the waters of Mort Bay (formerly known as Waterview Bay) and bounded by a portion of the western boundary-line of said Honald-street bearing northerly forty-five feet thence by a line bearing westerly two hundred and sixty-two feet to Yfeend-street thence by a portion of the eastern sido of that street being a curved line bearing southerly forty-eight feet thence by a lino bearing easterly one

hundred and eighty-seven feet thence southerly thirteen feet to said Mort Bay and from
thence by the waters of that bay being a line bearing easterly fifty feet to the point of

commencement.

S C H E D U L E C.

All that portion of land situate in the Borough of Balmain parish of Petersham county of Cumberland and Colony of New South Wales being portion of the five hundred and fifty acres granted to William Balmain and which now forms the lower end of Mort- street containing by admeasurement twenty-six perches and three-quarters of a perch Commencing on the southern side of Mort Bay (formerly called Waterview Bay) and bounded on the northern side by the waters of the said bay bearing westerly fifty-five feet thence by a line bearing south forty-seven degrees thirty-two minutes west one

hundred and seventy-one feet to the proposed new street thence by a portion of that

street being a line bearing east thirteen degrees fifty-five minutes north one hundred and three feet thence by a line bearing north forty-seven degrees thirty-two minutes east one

hundred and twenty-two feet to the point of commencement. S C H E D U L E D.

All that parcel of land situate in the Borough of Balmain parish of Petersham county of Cumberland and Colony of New South Wales being portion of Yeend-street containing by admeasurement fourteen perches and one-half perch Commencing at the junction of the eastern side of the said street with the waters of Mort Bay (formerly known as Waterview Bay) and bounded on the eastern side by land belonging to Mort's Dock and Engineering Company being a curved line bearing north and westerly sixty-five feet thence by a line bearing westerly one hundred and five feet dividing it from the other portion of Teend-street on the west by land belonging to said Dock and Engineering Company being a curved line bearing easterly and southerly one hundred and twenty feet to the waters of said bay and from thence by the waters of that bay being a line bearing easterly fifty feet to the point of commencement be the said several dimensions a little more or less.

An