Mort's Dock and Engineering Company (Limited) Enabling Act 1913 (NSW)

An Act to vest in Mort's Dock and Engineering Company, Limited,

for an estate in fee-simple, portion of a certain street or road known as William-avenue, Woolwich, and in exchange therefor to dedicate to the council of the municipality of Hunter's Hill a certain piece or parcel of land containing by admeasurement 242 perches or thereabouts, situate at Woolwich, in the parish of Hunter's Hill, county of (Cumberland, and State of

business at Woolwich, near Sydney, is seised in fee- simple of certain lands on which the works of the said company are carried on. and the piece or parcel of land

New South Wales.	[157/, ()rt<>bn\
1913.]

\ \ / ' I TERRAS Mori's Dock and Engineering Company, V T Limited, a duly registered company carrying on

land ment ioned and described in Schedule A here to : A n d whereas the piece or parcel of land men t ioned and described in Schedule B here to , being por t ion of Wi l l i am-avenue , s i tua te a t Woolwich, in the parish of H u n t e r ' s Hi l l , coun ty of Cumber land , and Sta te of N e w South Wales , is now in use as a road or s t reet a t Woolwich aforesaid : A n d whereas t he said company is desirous, wi th t he assent of t he council of t h e munic i ­ pa l i ty of H u n t e r ' s Hi l l , by wh ich munic ipa l i ty the land described in Schedule B here to is at present controlled and managed , to have vested in i t ( the said company) for an es ta te in fee-simple the land men t ioned in the said Schedule B , for t he purpose of ex tend ing t h e works and dock accommodat ion of t h e said company, b u t a re prevented from doing so by reason of t he position of t he said por t ion of t he said Wi l l i am-avenue in relat ion to t h e exis t ing works of t h e said c o m p a n y : A n d whereas it would be of great advan tage and convenience to the said company for t he purpose of ex tend ing its works a n d affording fur ther and improved dock accommodat ion of grea t publ ic u t i l i ty t h a t t he said company should be enabled to close u p and have the exclusive use and possession of t h e said por t ion of Wi l l i am-avenue aforesaid : A n d

whereas t h e counci l of t he munic ipa l i ty of H u n t e r ' s

Hi l l , as custodians of the said Wi l l i am-avenue , is

wi l l ing to consent to t he said port ion of Wi l l i am- avenue described in Schedule B here to be ing closed and the soil thereof vested in t h e said company upon the said company dedicat ing to t he publ ic and u n d e r t a k i n g to form as a road or s treet the piece or parce l of land

of t he company described in Schedule A here to for t h e purpose of connec t ing the por t ion of Woolwich-road for
publ ic traffic wi th Elgin-s t reet , Woolwich : And whereas

t h e said company is ready and wi l l ing to as aforesaid dedi­ cate and form as a road or s t reet t h e piece or parcel of land described in Schedule A here to in l ieu of t he said por t ion of Wi l l i am-avenue described in Schedule B u p o n be ing permi t ted to close up and have the exclusive use a n d possession of t he said piece or parcel of land described in Schedule B h e r e t o : A n d whereas t he closing of t h e said por t ion of Wi l l i am-avenue as aforesaid would not c rea te any publ ic loss, d isadvantage , or inconvenience if the said piece or parcel of land described in Schedule A here to was as aforesaid dedicated and formed in l ieu thereof as aforesaid : A n d whereas it

i s

is grea t ly to t h e benefit of t h e port of Sydney t h a t every facility should be given for the extension and improve­ m e n t of the works and the dock accommodat ion of t h e said company : A n d whereas t h e improvemen t of the said works and dock accommodat ion will provide employ­ m e n t for a large n u m b e r of m e n : A n d whereas an A c t of

the Legis la tu re is necessary for enabl ing and au thor i s ing

t h e said company to close u p the said port ion of Wil l iam- avenue described in Schedule B hereto and to have t h e soil a n d the exclusive use and possession of t he said por­ t ion of t he said Wi l l i am-avenue vested in t he company : Be i t therefore enacted by the K i n g ' s Mos t Exce l l en t Majesty , by and wi th t he advice and consent of the Legis la t ive Counci l and Legis la t ive Assembly of N e w

South Wales in P a r l i a m e n t assembled, a n d by the

au tho r i t y of t h e same, as follows :—

1 . F r o m and after t he commencemen t of this A c t i t

shall be lawful for t he said Mor t ' s L o c k and Engineer ing Company (Limi ted) , on dedicat ing t h e piece or parcel of land described in Schedule A hereto for the use and for t he purpose of a publ ic road or street , to close u p and have the exclusive use and possession of the land described in Schedule B hereto, and to p reven t all persons from going or passing a long or in any way us ing the same, and the said piece or parcel of land shal l the reupon become, remain , and be vested in the said Mor t ' s Dock and Eng inee r ing Company (Limited) for a n estate in fee s imple free from all r igh ts , easements , and privi leges of any person or body corporate t hen previously exis t ing or claimed in, upon , or in respect of

such piece or parcel of land.

2 . I m m e d i a t e l y upon and from and after said dedi­

ca t ion as aforesaid of t h e said piece or parcel of land described in Schedule A hereto the said piece or parcel of land shal l be a n d remain independent ly of user or non-user for t he purposes of a publ ic road or s treet , and the sole control and m a n a g e m e n t of same shall be in a n d wi th the persons or body corporate for t h e t ime being hav ing the cont ro l and m a n a g e m e n t of t he roads, ways, and streets in t he distr ict in and of which the said piece or parcel of land shall form par t .

The said company, before closing u p t h e por t ion of Wi l l i am-avenue also ; hereinbefore men t ioned and described in Schedule B here to , shall form, m a k e , and comple te as a road or s t reet w i th footpath, ke rb , and

3 .

g u t t e r

g u t t e r on t he wes tern side only, to the satisfaction of t h e council of t he munic ipa l i ty of H u n t e r ' s Hi l l , t he piece or parcel of land described in Schedule A here to , in subs t i tu t ion for a n d in l ieu of such port ion of t h e said road or s t reet as aforesaid.

4 . I f any act ion or su i t or legal proceeding shall be ins t i tu ted or t a k e n by a n y person or body corporate aga ins t t he said company after the dedicat ion by t h e said company of t he said piece or parcel of land as aforesaid in respec t of t h e said piece or parcel of land described in Schedule 33 hereto, or of any r igh t , ease­ men t , or pr ivi lege in respect thereof, or in respect of a n y t h i n g done in the exercise of t h e power hereby conferred, it shall be lawful for t h e said company a n d its ass igns to plead t h e general issue and give th is A c t in evidence the reunder .

5 . This A c t m a y be cited as the " Mor t ' s Dock a n d

E n g i n e e r i n g Company (Limi ted) E n a b l i n g Act , 1 9 1 3 . "

S C H E D U L E S .

S C H E D U L E A .

A L L that piece or parcel of land containing by admeasurement 24-jj- perches or thereabouts, situated at Woolwich, in the parish of

Hunter's Hill, county ef Cumberland, and State of New South Wales,

be the hereinafter several dimensions a little more or less, and being	part of land comprised in certificate of title, vol. 2,269, fol. 90 : Com­
mencing at point on the southern side of Woolwich-road, distant westerly
4 J inches from the north-eastern corner of land comprised in certificate
of title, vol. 2,269, fol. 90 aforesaid ; and bounded thence on the east by the western boundary of part of the land comprised in that certificate of title, bearing 180 degrees 9 minutes 272 feet 9 j inches to the north­ eastern side of Clarke-roa<r; thence on the south-west by that side of that road bearing 282 degrees 25 feet 6 i inches ; thence on the west by a line bearing 0 degrees 9 minutes 267 feet 6\ inches to the southern side of Woolwich-road aforesaid ; and thence on the north by that side of that road bearing 90 degrees 9 minutes 25 feet, to the point of commencement.

SCHEDULE

SCHEDULE !'..

All that piece or parcel of land containing by admeasurement -9 perches or thereabouts, situated at Woolwich, in the parish of Hunter's Hill, county of Cumberland, and State of New South Wales, be the hereinafter several dimensions a little more or less, and known as William-avenue : Commencing at a point on the southern side of Woohvieh-road, being the north-eastern corner of lot 3 of deposited plan •''>,! 10 ; and bounded thence on the west by the eastern boundaries of that lot and of lots 7, 8, and 9 of the same deposited plan, bearing southerly "210 feet to the northern side of Clarke road ; thence on the south by that side of that road bearing easterly 33 feet to the south- western cornei' of lot 12, deposited plan 3,110 aforesaid ; thence on tl e east by the western boundaries of that lot and of lots 11, 10, and 2 of the same deposited plan, bearing northly 2J0 feet to the southern si<ie of Woolwich-road aforesaid ; and thence on the north by that side of that road bearing westerly 33 feet, to the point of commencement being at present portion of William-avenue.