Tamworth Cattle Sale-yards Act of 1884 No tcs (NSW)

An Act to authorize the erection and m ain - tamwoeth cat™

tenance of Cattle Sale-yards by the 1 lorou^li Council of Tam worth within the Boroui»li

of Tamworth. [22^d July, 1884.]

ATTIIEREAS certain land being snl)nrban portion numbered forty- rreamiiie.

eight containing by admeasurement four acres three roods and thirty-seven perches more or less situate within the Municipality styled thcliorough of Tamworthand more particularly dcscribcdin the Schedule hereto has been reserved and dedicated as a site for cattle sale-yards And whereas it is expedient that yards for the sale of cattle shoidd be esta])lishcd on the said land and it is necessary for such purpose that full pow(U' should be given to the said Council to erect and maintain suitable buildings and yards on such land and for such purpose to borrow money and to charge fees and mahe by-laws for the maintenance and regula­ tion of such sale-yards Be it therefore enacted by the Queen’s Most Excellent Majesty by and Avith the advdee and consent of the Legis­ lative Council and Legislative Assembly of N cav South Wales in Parlia­ ment assembled and by the authority of the same as folloAA s :—

W

1. In the construction and for the pui’posc of this Act— interpretation cUuso

The word “ Cattle” shall include horses mares geldings foals oxen bulls cows horned cattle steers heifers cah'cs pigs sheep lambs and goats.

The word “ Council” shall mean the Borough Council of Tamworth.

48'̂ VIC. 1884 .

Tamicorth Cattle Sale-yards.

Council may erect

and maintain	2. I t shall he lawful for the Council to erect and maintain suitahlo huildings yards and other premises upon the land described in the Schedule to this Act for the purpose of making provision for the sale of cattle therein.
premises.
Power to Council to	3. To provide funds for the erection and maintenance of buildings yards and premises as aforesaid it shall be laAvful for the Council to borrow any sum of money not exceeding four tliousand pounds at a rate of interest not to exceed eight pounds per centum per annum by debentures secured iipon a mortgage of the rates fees and tolls to be levied as herein provided on the general revenue of the said borough from Avhatcver source arising as in the opinion of the Council may be deemed most expedient Provided that the proceeds to arise from such rates fees or tolls and all other profits accruing from tlio use of such sale-yards and premises received by the Council shall after payment of all current expenses incident to the maintenance of such sale-yards and premises be ajiplied towards the j)ayment of the principal sum so borrowed and any interest thereon accrued and an account to bo called the “ Cattle Sale-yards Fund” shall he kept by the Council.
borrow money.
olllcers and inalvc
Power to appoint	4. The Council may from time to time appoint officers and servants and make by-laws for tlie maintenance regulation and manage­ ment of the said yards and premises and for determining the fees and charges to be paid as hereinafter provided and the times and modes of collecting and en forcing the payment thereof and generally for carrying out the purposes of this Act And such by-laws shall clearly set forth what pecuniary or other penalty or forfeiture shall he incurred by any
by-laws.

Xo penalty to exceed breach thereof respectively Provided always that no such pecuniary

five pounds.	penalty shall in any case exceed the sum of tlve pouirds.
Proof of by-laws*	5. All such by-laws shall after approval by the Governor wdth the advice of the Executive' Council be published in the Government Gazette and in at least one local newspajH'r and the production,of the Gazette purporting to contain a copy of any such by-laws shall be sufficient evidence in any proceeding in any Court of Justice that such by-laws have been duly made and approved in accordance with the provisions of this Act.
Power to demand	G. So soon as any such sale-yards shall be established and by­ laws approved and published the Council may demand and take in respect of any cattle brought to any such sale-yards or yarded in or brought to any other sale-yard Avithin the Borough of Tamworth if such cattle be intended for sale by public auction or private contract the fees or charges mentioned in the said by-laws Provided that the fees or charges levied by the said Council upon cattle brought to other sale- yards shall not exceed those levied upon cattle yardcxl in or brought to the sale-yai'ds established under this Act.
and take fees.
Eecovery of	7. All sums of money which shall be imposed or made jiayable and all penalties and forfeitures incurred under this Act or any by-laws hereunder may he recovered at the suit of the Council or the Clerk of the Council in a summary Avay before any J'ustice of the Peace under the provisions of the Act or Acts for the time being in force regulating proceedings on summary convictions and if any such sum of money or penalty be not paid either immediately after the order or comTction or within the time appointed by such order or conviction the same shall be levied by distress and sale of the goods and chattels of the olfender or person directed by such order or comdetion to pay any such sum or penalty as aforesaid and on failure of distress shall he enforced in th<> manner directed by tlu' said Act or Acts subject however to an ap[)c;al in the manner provided by the Act or Acts for the time being in force regulating appeals from Justice's of the Peace.
penalties.

Short title. 8. This Act mav be cited as the “ TaiuAvorth Cattle Sale-yards

Act of 188-f.” ■

̂ SCHEDULE.

1884   48' ̂ VIC.

Hooroina Unman Catholic Church Land Sale.

SC H E D U L E .

All tliiil parcel of laiul in tlie Colony of Now South W ales adjoiuiiie Iho town of Tamworth in the county of Iiu^lis parish of Tamworth being suburban jjortion numbered forty-eight ooiitainiug by admeasurement four acres three roods and thirty-seven jierchos more or Ics.s included within the following boundaries Commencing at a point on the town boundary of d'amworth and on the north side of Marius-strect bearing west and distant one hundred links from the south-west eorner of portion numbered forty-seven in the parish ami county aforesaid and bounded thence on the south by INfarlus-street west four hundred and th irteen links to a stake bearing south nineteen decrees and iiftecn minutes west from a gum-tree marked broad-arrow over forty-eight distant liHy links and boumlcd thence on the south-west by a road one hundred and fifty links wide bearing north fifty-three degrees west two chains and ninoty-sen’en links to the south­ east corner of portion forty-nine and bounded thence on the west by a line bearing north si.\: hundred and twenty liid<s to a stake forming the north-east corner of portion forty- nine and bounded thence on the north by a road one Imndrcd links wide bearing east six; chains fifty links to a stake bearing west one hundred links from the north-west corner of portion forty-seven and bounded thence on the east by a line bearing south eight hundred links to tlu' point of commencement.