Scone Cattle Sale-yards Act of 1904 (NSW)

ScoNF. C aTTFE

A l l A ct to Hutliorise tlio im iiiieipal council of Scoiic to puiclm sc liiiid and ci*c(d, and niain- ta in ca ttle sale-yards tliercon. [21.sf Dcrnn- S.U .F -Y A R D S .

hrr, 1904.] '

A A ^ 111'M’ EAS tlic municipal council ol’ Scone arc desirous of I’leumMe.

establishing yards for the sab ̂ of cattle' in or near that municipality: And whereas it is expedient that such yards shoidd lx* ('slal)lislied, and it is necessary for such purpose that full power should !)(' i,nv('u to the said council ol' the munieijeality of Scone to ])urehase land and ere'ct and maintain thon'on suitahle huildin^s and yards, and for such ])urposc to borrow money by debentures secured ujeou a mort^aj:^o of the said property and of the rates, fee's, and tolls to he' h'vieel there'at, or the general re'venue of the said municipality, from whatever source arising, as in thee opinion of the said council may he

T '

deemed

Act, 1904.

Scone Cattle Sale-yards.

deemed most expedient, and to charge fees and to make by-laws for tin; maintenance and rc'gulation of such sale-yards : Be it therefore enaeted Iw the King’s ]\[ost Excellent ^Majesty, hy and with the advice and consent of tin' Legislative Council and Legislative Assembly of Xew South Wales in Barliament assemhh'd, and hy the authority of the same, as follow s :—

In te rp re ta tio n . 1. Eor the pur])oscs of this Act—

“ Cattle,” w'hern'v('r used herein or in any by-laws or regulations made herenndi'r, shall h(' taken to include all horses, mares, geldings, foals, mules, oxen, bulls, cows, bullocks, stc('rs, heifers, calves, sheep, lambs, pigs, and goats.

“ Council ” shall mean the council of the municipality of Scone.

“ Council clerk ” means the council clerk or other person

anthorised by the mayor or council of tin' municipality of

Scone to pc'rform the duties of council clerk.

“ Gazette ” shall mean the Government Gazette of the State ol!

New South Wales.

“ Municipality ” shall mean the municipality of Scone.

“ Owmer ” shall include any agent or other person authorised by

the owner of any cattle, or any person in charge thereof.

“ Brcscrihed ” shall mean prescribt'd by this Act or any by-law or

regulation made; under this Act.

“ Sale-yards ” shall include a)iy premises Avhere cattle may be kept or exhibited for sale, ('xchange, or disposal in any way Innvsoever.

P ow er to establish	2. I t shall !)(' lawful for the council to establish yards and to Schednle hereto for the sale of cattle, and for that purpose to purchase, accpiire, and hold the said lands in the said Schedtih' mentioned and described.
8alo _v3in]s and	erect and maintain suitable buildings upon tbe lands described in the

p u rchase land.

Pow er to borrow. 3. To provide funds for tlu' purchase of tin- said lands and tin; er('ction and maintc'nance thereon of tlu' said buildings, yards, and ])remises, it shall be law ful for tlu' council, subji'ct to the provisions of Bart X II of the Municipalitic's Act, 1S97, to borrow any sum of money not exceeding one thousand live bundr('d pounds, at a rate of intena'st not excc'eding six pounds per centum per annum, by debentures .secured upon a mortgage of the said property and upon the rates, fees, and tolls to be levied at the .said salc-vards or at otlu'r sale-vards as hereinafter })rovid('d, or upon the general rev('nu(' of the municipality, from whatever source arising, as in the opinion of the council may be deemed most expedient: Provided that the proceeds to arise from such rates, fe('s, tolls, lines, ])cnaltics, and forfeitures, and all other ])rofi1s accruing IVom the nse of such sale-yards and the premises, receiv('d hy the said council shall, after payment of all current expenses incident

to

Act, 1904.

Scone Cattle Sate-yai'ds.

to the maintenance of such l)uilditi^s, yards, and premises, he appro- })riatcd towards the payment of the })riucipal sum so l)orro\v('d and any interest thereon aecriu'd, and an account to he called tlu' caith' sale-yards fund shall l)c kept hy tlie coumal : Provided liirtln'r tliat after tlic paynumi of llu* principal sum and interest the said proceeds shall 1)0 passed to the credit of the General Jh'venuc hy the said Council.

4. The council may from time to time a2)poiiit olhcers and s(M \'!ints and make by-laws and regulations tor the maintenance, rt'yiilalion, and inanayenumt of the said sale-yards and premises, and for the guidance of all jtersons buying or selling therein or resorting tlu'reto, and for h'vying fees and charges as hereinafter mentioned, and generally for carrying out the ]iurj)Oses of this Act. And such by-L'nv.s shall he suhp'ct to tlie approval of tin' Governor, with the advice of th)' Executive Council, and shall clearly set forth what ])('euniaiy to npiioint.

other nenaltv or forfeiture shall he incurred hv anv hreacdi thereol 1 » t t

I'cspectively : Provided always that no such pecuniary ])enalty oi	N o ])cn:iU\' to (‘X(‘oed
f n c jxHi i idH.
forfeiture shall in any case exceed the sum of five pounds.

5. All such hy-laws and regulations siiall, after approval hy the ApprovMi mui jn-oof

Gov('rnor Avith the advice of the Executive Council as aforesaid, he ])nhlishcd in the Gazette and in one local newspaper published in Scoiu'. And the production of the Gazette j)urporting to contain a copy of any such hy-laws and r(‘gulations shall he sulficicnt evidence in any ])roce('ding in any court of justice that such hy-laws and n'gulations have been duly made and approv'd in accordance with the provisions of this Act.

6. So soon as any such sale-yards shall he established and h y - i < >

laws and regulations ap])roved and published, the council may demand and take, in respc'ct of any cattle brought to sirch sale-yards or yardial in or brought to any other sale-yards within two miles of the sale-yards to bo erected under the authority of this Act, if such cattle he intended for sale hy public auction or pria'atc contract, the fees or charges nientioned in the said hy-laws: Provided that the fees or charges levied hy the couiicil upon cattle brought to other sale-yards shall not cxc(>ed those Icvic'd upon cattle yarded in or brought to the sale-yards (vstahlished under this Act.

7. All sums of money which shall he imposed or made ])ayahle, Rh-,.v,-i v ..r nmn. vs

and all pcmalties and foiTeitures incuriud under this Actor any l)y-laws or r<'gulations lu'rcumh'r, may he rceoverc'd at any suilof the council or the council clerk in a summary Avay hcfoi-e any justice of the pi'ace under the provisions of tlu' Act or .Acts for the time' being in I'orci' I't'gulating proceedings on suminary convictions, and if any such sum of money he not paid either immediately after the ordc'r or conviction, or within the time ap])oint(‘d hy such order oi' conviction, tlu‘ same shall he levied hy distress and sale of the goods and chattels of the olfendcr or pc'rson directed hy such ordc'r to pay any such sum as

aforesaid.

8 Act, 1904.

Scone Cattle Sale-yards.

aforesaid, and on failure of distress shall he enforced in the manner

A ppeal.	directed l)v such Act or Acts. Subject, however, to an appeal in manner provided hy the Act or Acts for the time being in force regulating appeals from justices of the peace.
A uctioneers
o thers to make

and 8. Every auctioneer or person selling or offering for sale cattle and within the aforesaid limits, shall hand to the clerk of the said council, between the first and seventh days of every month, a return in writing of all cattle sold or offered for sale hy him or them during the preceding month, together with the amount of fees payal)le thereon in accordanci! with this Act, and the hy-laws to he made thereunder.

re tu rn s as to otlier	at any sale-yard other than the yards to be established under this Act,
sale-yards.
Penalty .	Any auctioneer or person who refuses to make such return, or to pay tlie amount of fees aforesaid, or who shall make a false return, shall ho liable to a penalty of not more than five pounds for every such offence, as well as to pay the amount of fees as aforesaid.
cases.
Proofs in certain	9. In any legal proceeding, suit, or prosecution under this Act, or any by-law made hereunder, no proof shall ho required hy any court of the incorporation of the municijiality or of the due election or appointment of any mayor, alderman, council cU'rk, offici'r, or servant, or of the authority of such council clerk or officer to institute siudi proceeding, suit, or prosecution.
Veslinnr of lands.	10. The lands aforesaid and in the Schedule hereto described, together with all ways, rights-of-way, and easements whatsoever to the said lands belonging shall, after purchase, hy virtue of this Act and without the necessity of any conveyance, he vested in the council and their successors in office in fee-simple upon the passing of this Act.

S hort title. 11. This Act mav he cited as the “ Scone Cattle Sale-vards Act

of 1904.” ‘ ‘

SC H E D U L E .

All th a t piece or parcel of land containing six acres, situate in ihe town of Scone, ])arisli of Scone, county of Drisbane, S tate of New South Wales : Coiinnenciug on tin? south-east houndarv of Mrs. i[ . E. Millei-'s two hundred tuid th irty ticres, iit i i jioint hearing north-easterly one chain from the intersection of the itrolongation of tlu' w'estern side of W averlev-street with tlu' said houndarv ; and hounded thence on the south-west by the north-east side of a new street, to he also ctdled ^\'aver!ey-street, bearing north ­ westerly five chains to .Sydney-street ; thence on the north-west hy the south-east sid<! of S^’dney-street, bearing north easterly twelve chains to M iller-street; thence on the north- (>ast by the south-west side of Miller-street, bearing south-(‘asterly five chains to the road from Scone to the town common ; and thence on the south-east by the north-west side of th a t road, bearing south-westerlj' twelve chains to the commencing point afoix'said.

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