No. X.
An Act to empower the Municipal Council of the City of Sydney to acquire a site for the establishment of Cattle Sale Yards. [12th July, 1880.]
| WH E R E A S by t h e " Sydney Corporat ion Ac t of 1879" i t is declared | of Sydney to establish in such place or places as they m a y de termine |
| t h a t it shal l be lawful for | t h e Mun ic ipa l | Counci l | of t h e City |
adjoining the Grea t Sou the rn a n d W e s t e r n Ra i lway not more t h a n four teen miles from t h e said City bui ld ings yards and o the r premises for the sale of Ca t t l e and for such purposes m a y purchase acqui re and hold a n y land and a n y estate the re in A n d in t he said A c t i t is provided t h a t i t shal l be obligatory upon the said Counci l to erect t he said yards wi th in a period of two years from the commencemen t of t he said A c t A n d whereas i t is expedient to empower t h e said Counci l
| w i t h o u t | delay | to | acqu i re | a | site for t h e es tab l i shment of such Yards |
| and to m a k e fur ther provision in respect thereof | Be | i t | therefore |
enac ted by the Queen ' s Mos t Exce l l en t Majesty by and wi th t he advice and consent of t h e Legis la t ive Council and Legislat ive Assembly of New Sou th Wales in P a r l i a m e n t assembled and by t h e au tho r i t y of t he same as follows :—
| 1. This A c t m a y be cited as t h e " Munic ipa l Cat t le Sale | Ya rds |
Site Acquis i t ion A c t " and in i ts construct ion and for its purposes t h e t e r m " L a n d " means real es ta te held for any estate or in teres t whatso ever and includes a n y bui ld ings or erections the reon " L e a s e "
| includes an ag reement for a lease | " Owner" includes all t h e persons |
or bodies corporate who unde r t h e A c t twenty-second Victoria n u m b e r n ine teen a re enabled to sell and convey lands as the reby provided " Counci l " means t h e Munic ipa l Council of t he Ci ty of Sydney and
| " M a y o r " | means t he M a y o r | of t he | said | Counci l . |
2. I t shal l be lawful for t he Counci l wi th the approval of t h e
Governor and Execu t ive Counci l for t h e purpose of acqui r ing a site upon
which to establish ca t t l e sale yards to en te r upon and take any land
| s i tua ted wi th in t h e l imits | described in t he one hund red and | th i r ty-second |
section of t h e A c t forty-third Victor ia n u m b e r th ree ( the " Sydney Corporat ion Ac t of 1879" ) provided t h a t such land shall be comprised in one block a n d shal l no t exceed in area twen ty -n ine acres A n d u p o n publ ica t ion in t h e Government Gazette of a notification t h a t a n y l and the re in described has been t aken for t h e purposes of this A c t accompanied by a notification unde r t h e hand of t h e Colonial Secretary for t h e t ime being publ ished in l ike manner signifying t h e approval hereinbefore prescribed t he land so described shall the reupon be vested in t he Council for a n es ta te of inher i tance in fee simple in possession freed and discharged from all estates in teres ts t ru s t s encumbrances l iens charges cont rac t s
| ag reemen t s rights-of-way | and other easements whatsoever | A n d t h e |
whole estate and interes t of every person who b u t for such t a k i n g would have been ent i t led to the said lands or any portion thereof and whe the r to the legal or t he equi table es ta te the re in shall upon t h e publ ica t ion of such notification b e t a k e n to have been conver ted in to a claim for compensat ion
| in pu r suance of the provisions here inaf ter | contained. |
| 3. | I n t h e event of t h e Council 's desir ing | to exercise t h e power |
of sel l ing t he l and acqui red under th is Ac t or any pa r t thereof in accordance wi th t h e one hund red and thir ty-second section of the afore said Corporat ion A c t no such sale shall be m a d e or con t rac t for t h e same be entered in to u n t i l such desire shal l have been communica ted to and approved of b y t h e Governor and Execut ive Counci l .
4 . Eve ry person c la iming compensat ion in respect of any land
| so t a k e n | shall w i th in t h i r t y days from | the publ ica t ion | of such notifica |
t ion or w i t h i n such t i m e as a J u d g e of t h e Supreme Cour t shall u p o n t h e appl icat ion of t he c la imant appoin t in t h a t behalf serve a not ice in wr i t ing upon t he Mayor and a l ike not ice upon t he City Solicitor wh ich not ice shal l set forth t he n a t u r e of t he es ta te or in teres t of t he c la imant
| in such l and toge ther w i th an abs t rac t | of his t i t le and such not ice m a y |
be in t h e form in the First Schedule here to .
5. W i t h i n t en days after t he receipt of every such not ice of c la im
by t he City Solicitor he shall forward t he same toge ther w i th his repor t the reon to t h e M a y o r who shal l wi thin t w e n t y days thereaf te r cause a va lua t ion of t he l and or of the es ta te or interest of the c la imant the re in to be m a d e and shall inform the c l a iman t as soon as pract icable of t he a m o u n t of such va lua t ion by notice in t h e form of t h e Second Schedule he re to .
| G. | I f w i th in n ine ty days after t h e service of not ice of c la im t h e |
| c l a iman t | a n d the M a y o r | shal l no t | agree as to t h e a m o u n t | of | compen |
| sat ion t h e c la imant shal l be | a t | l iber ty to | ins t i tu te proceedings in t h e |
| Supreme | Cour t | i n t h e form of an act ion for compensat ion aga ins t t h e |
said Council A n d a n y such ac t ion m a y be t r ied before a J u d g e of t h e said Cour t and a special j u r y of four persons to be summoned by t h e Sheriff from t h e J u r o r s Dis t r ic t for Sydney in accordance wi th t he law regu la t i ng t h e s u m m o n i n g of J u r o r s for t h e t r ia l of civil issues Provided a lways t h a t upon proper appl ica t ion e i ther of the Counci l or of t h e c la imant a special j u r y of twelve m a y be so summoned for t h e
| t r ia l of such | act ion. |
7. The issue to be tr ied in such ac t ion shall be whe the r t h e
| c la imant is ent i t led to a la rger s u m by way of compensa t ion | t h a n | t h e |
| a m o u n t | of | t h e va lua t ion | so m a d e | b y the Mayor and notified to t h e |
| c l a iman t as aforesaid and if so to w h a t s u m | A n d if upon t h e t r ia l | of |
t h e said ac t ion the verdic t shal l be for a grea ter s u m t h a n t h e a m o u n t of t he said va lua t ion t he costs of the action shall be borne b y t h e Counci l b u t if t he verdict shal l be for a s u m equa l to or less t h a n such
| va lua t ion | t h e n | t h e cost shall be borne by t h e c la imant . |
| 8. Al l moneys payable unde r this Ac t by way of | compensa t ion |
| to any c la imant w h e t h e r unde r t h e verdict of a j u r y or otherwise | shall |
be paid toge ther wi th costs (if any) by the Council wi th in one m o n t h after t he de te rmina t ion of such compensat ion to the person lawfully ent i t led t he re to or to his agen t duly authorized in t h a t behalf in wr i t ing .
9. I n es t imat ing or assessing t h e compensat ion to be paid under th i s A c t regard shal l be had by t h e valuators and by the j u r y (on any issue) not only to t h e va lue of t he land t aken by the Counci l b u t also to t h e damage (if any) to be sustained by the c la imant by reason of t he sever ing of t he lands t a k e n from other lands and t hey shal l assess t he same according to w h a t they shall find to have been the va lue of such
| lands estate or in teres t a t t h e t ime of t h e t a k i n g | thereof. |
10. T h e several sections of t h e Ac t twenty-second Victoria
| n u m b e r | n ine teen | hereinafter | specified | toge ther w i th t he | respect ive |
powers author i t ies dut ies liabilit ies obligations and other t h e provisions the re in conta ined are he reby declared to be incorporated w i t h a n d embodied in th is Ac t to t he in t en t t h a t t h e same m a y be applied as
| fully and effectually to any lands t a k e n | u n d e r | t h e au thor i ty | of | this |
| A c t as if t he said sections were here in specifically enacted | Provided |
a lways t h a t wheresoever in a n y section so incorpora ted t he word " Commissioner " occurs the re shall for the purposes of this A c t be subs t i tu ted in l ieu of such word t h e expression " Munic ipa l Council of t he Ci ty of Sydney " The following are t h e sections so declared to be
| incorporated wi th th is | A c t — |
(1.) As to t h e deposit of compensat ion money in cer ta in cases
| w i th | t he | Mas t e r | in E q u i t y and the appl icat ion and | inves tmen t |
| thereof | As to p a y m e n t of such money in cer ta in | cases | to |
| t rus tees or to t he par t ies | themselves | and | t h e exonera t ion of |
| t h e Council in respect thereof after p a y m e n t | Sections | forty- |
| seven to fifty-two bo th inclusive. |
| (2.) As to t h e deposit and appl icat ion of compensat ion m o n e y | on |
refusal of t h e owner to accept t h e same or on his fai l ing to m a k e out a satisfactory t i t le and as to p resumpt ion of owner
| ship | Sections fifty-three to fifty-six b o t h inclusive. |
(3.) As to t he procedure by the Council in case t he owner or
occupier of a n y lands resumed under this Ac t shal l refuse to
give u p possession thereof or h inder t h e Counci l from en te r ing
| upon or t a k i n g possession of t he same | Section sixty-one. |
(4.) As to t h e purchase or redempt ion of t h e interests of mort
gagees and the deposit of pr incipal and in teres t due on mort
gages wi th t he Mas te r in E q u i t y t h e procedure to be observed
| w h e n t h e mor tgaged lands arc of less value t h a n t h e mor t |
gage debt and where pa r t only of lands in mor tgage are t aken
Sections sixty-five to seventy both inclusive.
(5.) A s to the release of lands from ren t charges and other incum brances and procedure therefrom Sections seventy-one to seventy-four both inclusive.
(6.) As to t he appor t ionment of r en t where lands t aken are unde r
| lease and as to compensat ion to t enan t s | Sections seventy- |
| five to seventy-eight bo th inclusive. |
SCHEDULES.
SCHEDULES.
| F I R S T | S C H E D U L E . |
| Notice of claim and | abstract. |
(or
To the M a y o r of t he Munic ipa l Counci l of t h e Ci ty of Sydney City Solici tor) . enac tments the rewi th incorpora ted I (or we) he reby give you notice t h a t I (or we) claim compensa t ion in respect of t he land h e r e u n d e r described which has been r e sumed u n d e r
| t he said Act | The a m o u n t of such claim and other the | pa r t i cu l a r s | requi red by the said |
| A c t a re s ta ted in t he subjoined | abs t rac t . |
Abstract.
Names of persons
| 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 | runt reserved. | property and for |
| terms &c. | title. | claimant's solicitor |
| tail or otherwise. | compensation. | or agent. |
(Signature)
(Address)
(Date)
| S E C O N D | S C H E D U L E . |
| To A . B . c la imant | in | respect | of | t he | land | h e r e u n d e r | described | resumed | u n d e r | t h e |
| " Munic ipa l | Cat t le Sale Ya rds | Site Acquisi t ion | Ac t . " |
T A K E not ice t h a t t h e land h e r e u n d e r described being t h a t in respec t of the r e sumpt ion whereof unde r t he au thor i ty of the aforesaid A c t y o u r claim for compensat ion has been lodged has been valued a t t he sum of £
A . B .
Mayor &c.
Description of Land in respect of which claim has been made.
A L L t h a t piece or parce l of land &c. &c. &c.