Sydney Corporation Amendment Act 1906 (NSW)
Act No. IG, 1!K)G.
S//dii(\i/ Corporation Amondment.
Act No. IG, 190G.
A l l Act to {imciid tlie Sydney Corjiorntion Act, 1902; to amend and cx])lain the Sydney ( /orj)oi-ation Aincndincnt Act, 1905 ; to dctinc tlic bonndailcs of certain land resumed by tlie council under the last-m entioned Act, and to vest such land in the council; and for other pnrjioscs incidental thereto or con
| sequent thereon. | [Gfh XorciiiJ)(‘r, 190G.] |
it enacted by the King’s Most Excellent Maj(\sty, by and ndth _1 J the advice and consent of the Legislative Council and Legislative Asscnil)ly of New South AVales in Parliament assembled, and l)y the authority of the same, as follows :—
1. Tins Act sliall be construed and i’(‘ad as one with the Sydney siiou tide.
Corporation Amendment Act, li)05 (liercdnaftt'r calh'd Hut Princi])al Act), and inav be cited as the “ Sydney Corporation Amendment Act,
| 190 (5 | . ” | ‘ | ‘ |
2 . Tlic Act mentioned in the Lir.st Schedule licrcto is, to tlie Repeal,
extimt tlicrcin expressed, hereby repealed.
3. Section sixteen of tlic Principal Act is amendi'd by the''""'iiament of
insertion afti'r the word “ resume” of the words “ all lands riajuirial
for the opiming of new public Avays or the Avidi'iiing, enlarging, or exti'iiding of jmblic ways in the city, and all lands of which those I'l'ipiired for such purposes form part, and ”
| 1 he said section shall be ri'ad as if the Avords so inscrtial formed part of the section at the commimcement of the Principal Act. | ■ |
| 4. As to any land forming part of that described in Sclu'dule A or P to the Principal Act, and resumed or expressed to bavi' bciui poŷ paTAu.' ''* resumed by the council before or after the commencement of this Act, | toumi us lo |
| the Crown shall be deemed to have been, and shall be, expressly bound by the Princi}>al and this Act. AVhere any land owmal by the CroAvn, or in Avhich the CroAvn has an estate or interest (forming jiart of the land described in any such Schedule), has been or shall be resumed by tlie council, the Attorney-General is hereby empoAAered to make claim for compensation and settle Avith the council, or sue for and I'ceeive the amount of sucb compen.sation on behalf of tlii' Crown. |
| 5. Si'ction (dgliti'cn of the Principal Act is hereby am ended— | Amen(imcnU)f |
| (a) by the omission of the Avords “ section nineteen of ”; | Piiiuipai ,au. |
(1))
Act No. 16, 1906.
Sydney Corporation Amendment.
(1>) by the omission of tlic word “ each ” and hy the insertion in
lieu thereof of the Avord “ four'';
and for the purpose of any resumption made or expressed to he made prior to the commencement of this Act the Principal Act shall he read as if such section had lieen so amended at the time of the commence ment of such Principal Act.
A m endm ent of
| section 22 of the | 6. Subsection two of section twenty-two of the Principal Act is amended by the insertion after the words “ mutatis mutandis” of |
| P rin c ip a l | Act. |
the words “ as far as practicable.”
| L and resum ed b j | 7. Por tlie purpose of removing doubts as to the boundaries of the land which forms part of that described in Schedule A to tlic Principal Act, and which is already resumed by the council, such land shall be deemed to bo tliat described in the Second Schedule of this Act, and is hereby, for the purposes and subject to the provisions of tliis and tlie Principal Act, v'csted in the council for an estate in fee- simple in possession, freed and discharged from all trusts, obligations, estates, interests, contracts, charges, rates, rights of way, or easements whatsoever. |
| Incorpora tion of | |
| certain sections of | 8 . In addition to the sections of the Public Works Act, 1900, forty-six, one hundred and twenty to one hundred and twenty-four inclusive, one hundred and twenty-eight, and one hundred and twenty-nine of the said Public Works Act shall be incorporated with the Principal Act, and the lastnamed Act shall, for the purpose of any resumption under the authority thereof made before or after the commencement of this Act, be read as if such sections as incorporated by this Act were mentioned in and incorporated with the Principal Act at the time of the commencement thereof : |
| tlie Public W orks | declared by the Principal Act to bo incorporated therewith, sections |
council.
| Act, | 1900 . |
Provided that as to section forty-si.x—-
(1) the words “ .so seised, possessed, or entitled as aforesaid”
shall he deemed to be omitted therefrom;
(2) the words “ as in the preceding subsection mentioned ” shall he deemed to he omitted therefrom, and the words “ and may claim compensation in respect of land resumed, and agree to and settle and determine with the council the amount of such compensation ” inserted in lieu thereof ;
(3) the words “ and to claim, agree to, and settle and determine wuth the council the amount of compensation ” shall be deemed to be inserted after the word “ release ” in subs(!ction three thereof;
(1) subsection five shall be deemed to be omitted therefrom :
Provided also that as to section one hundred and twenty-eight—
(1) the words “ such conveyances ” shall be deemed to be omitted
from subsection one, and the words “ conveyances of land
resumed under this or the Principal Act ” inserted in lieu
| thereof; | (2) |
| Act No. 16, 1906. |
Sydney Coi'poration Amendment.
(2) the words “ all charges and expenses incurred on the part ns well of the seller as of the purchaser ” shall he deemed to he omitted from subsection two, and the words “ the following charges and expenses ” inserted in lieu thereof.
9. (1) Tlie council may establish and maintain, in tlie city or Council mar
any ward thereof, free readim; and lending libraries, and may, with the consent ot the (iovernor, take over the maintenance and control of any such library now under the maintenance and control of the Crown.
(2) All such libraries shall he open to the public every day
excejit Sunday, Christmas Day, and Good Eriday, for a stated period
to he defined in each case hy by-laws, and Avithout any restriction other than that AAdiich may he necessary for the preservation of the property therein and the observance of good order.
10. The property used in connection AAuth every such library Libraries vested in
shall he vested in the council for the permanent use of the public, and
the council, acting as trustees thereof, shall he competent to acquire, possess, and hold pro|)erty in hooks, papers, instruments, Avorks of art, and other articles, on behalf of any such library, hy bequest, purchase, or otherwise.
11. The council may defray the cost of establishing and Cost m ay be defrayed
| maintaining any such library out of the city fund. | city fund. |
12. Section tAveĥ e of the Principal Act is amended hy the Amendment of
| addition of the folloAving paragraj)hs to folloAV paragraph ( j) :— | principarAct!''̂ |
| (k) | authorising and regulating the collections for charitable Collections for | |
|
(l) regulating free reading and lending libraries under its control Libraries.
and management;
| (m) regulating gymnasia under its control and management. | Gymnasia. |
13. The council may, out of the city fund, erect, establish, and Erection and
maintain public gymnasia upon any land in the city (not being portion
of a public way) Amsted in or dedicated to the council for any purpose,
including any land used as a public park.
14. Section eiirliteen subsection one of the SÂ dnev Coimoration A m endm ent of
Act, 1902, is hereby amended hy the omission of the AVords “ two ’ and corporotLn̂ Â^̂ ^̂
“ second” in the second line of the said section, and tlic insertion in 1002. ’
lieu thereof respectively of the AVords “ six ” and “ third.”
S C H E D U L E S .
| F IR S T | S C H E D U L E . |
| Number of Act. | Niimc of Act. | Extent of repeal. |
| 1902, No. 35 | ... | Sydney Corporation Actj 190: ̂ ... | ... | ... | Rai't X V . |
SECOND
Act No. 17, 1906.
Sydney Council {Resumption Moneys).
| SECOND | S C H E D U L E . |
All th a t piece or paivel of land situati', lyin;,', and LOng in tin; eitg of Sydney, county of Cumberland, and St,ate of New South Wale.s : Commencing a t the intersection of the northern building line of George-strect W est with the western boundary of H illier's property, being a point d istan t about forty-three feet si.x incht's west of the western building line of Howartl-strcct ; tluaice on part <if the ea.st and ])art of the south, and again on jiart of the east hy H illier's propei'ly, and continuing to the southern boundary of property known as num ber si.xty-one, Howard-street ; thence again on the south by the aforesaid boundary of last-mentioned property easterly to the western building lino of Howard-street ; thence again on the south by a line bearing south-easterly to the south-western corner of pro|)erty known as jiumber sixty-eight, H ow ard-street ; thence again on the south by the southern boundary of th a t property easterly to an open sewer; thence on the east by th a t open sew er bearing geiu'rally north-westerly to the building line of AVilliam H enry s tree t; thence on the north by th a t building line of W illiam H enry street b(“aring south-w(>sterly to the eastern building line of ]tay-street ; thence on the west hy th a t aforesaid building line of Day-sti'cet, being a line bearing southerly to the southern boundary of jiroperty known as number one hundred and fifty-two, Day- street ; thence again on the south by the south(‘rn boundary of th a t property and the southern building line of Sm ith-street bearing generally easterly to the eastern building line of Athlone-place ; thence again on the west hy th a t afon'said building line; of Athlone-place bearing soutlu'rly to the aforesaid northern building line of (ieorg(ostre('t W e s t; thence again on the south by that aforesaid building line of Georgi'-street W est, to tin ' point of commencement.
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