Wagga Wagga Cattle Sale-yards Act (1890 No wcs) (NSW)

An Act to authorize the Council of the Borough of Wagga Wagga to purchase land within the said Borough, and to erect and maintain Cattle Sale-yards thereon, and to provide for the same. [20th Decem­ ber, 1890.

WHEREAS it is expedient t h a t t he Council of the Borough of

W a g g a W a g g a should have power to establish Cat t le Sale-

yards wi th in the said Borough. A n d whereas the re is no t a t present any por t ion of land vested in the Council for t h a t purpose , and it is therefore expedient t h a t t he said Council should have power to purchase land for t he purpose aforesaid, and to erect and ma in t a in Cat t le Sale-yards thereon. Be it therefore enacted by t h e Queen 's Most Exce l l en t Majesty , by and wi th t he advice and consent of t he Legis la t ive Council and Legislat ive Assembly of N e w South Wales in Pa r l i amen t assembled, and by the au thor i ty of t he same, as follows :—

1. For t h e purposes of th is Ac t the word " c a t t l e " shall include

all horses, oxen, bulls , cows, horned cat t le , sheep, lambs , pigs, and goats . The word " o w n e r " shall inc lude any agen t or other person authorized by the owner of any cat t le or any person in charge thereof. The word " S a l e - y a r d " shall inc lude any premises where cat t le may be k e p t or exhibi ted for sale, exchange, or disposal in any way how­ soever. The word " C o u n c i l " shall m e a n t h e Council of the Borough

of W a g g a W a g g a .

2. I t shall be lawful for t h e Council , for t he purpose of m a k i n g provision for t he sale of ca t t le w i th in t h e said Borough , to purchase any area of land wi th in t he said Borough from any corporat ion or corporat ions, person or persons whomsoever, and such land, w h e n so purchased a n d conveyed to t he Council , shall be held in t rus t for t h e erection a n d ma in t enance of Cat t le Sale-yards, subject to t he provisions

of th i s Ac t a n d t h e by-laws to be made thereunder .

3. So soon as such land shall be purchased as aforesaid i t shall be lawful for the Counci l to erect and ma in t a in the reon sui table bui ld ings , yards , and other premises for t he purpose of m a k i n g provision for t he sale of ca t t le therein.

o ther provisions in this section contained.

4. To provide funds for t h e purchase of any such lands, and for the erection and main tenance of bui ldings , yards, and premises as aforesaid, i t shall be lawful for t h e Council to borrow any s u m of money not exceeding two thousand pounds, a t such ra te of in teres t as to the Council shall seem reasonable, repayable by debentures or other- wist; secured by a mor tgage of any such land, and the fees and tolls to be levied as hereinafter provided. Provided t h a t t h e proceeds to arise from such fees or tolls and all o ther profits accruing from the use of such land, bui ldings , yards, and premises received by the Council shall , after p a y m e n t of all cu r ren t expenses incident to t h e ma in ten ­ ance of such bui ldings, yards , and premises, be appropriated towards the payment of t he pr incipal sum so borrowed and any in teres t thereon accrued, and an account to be called t he " C a t t l e Sale-yards F u n d " shall be kep t by the Council . Provided t h a t t he Council m a y purchase any portion of land wi th in t he said Borough on which bui ld ings or yards may have been erected, and may raise money for t he purchase thereof in the m a n n e r hereinbefore provided unde r and subject to all

5. The Council may , from t ime to t ime , appoin t officers and

servants , and m a k e by-laws for t he ma in tenance , regulat ion, and

m a n a g e m e n t of the said bui ldings , yards, and premises, and for de te rmin ing the fees and tolls to be paid as hereinaf ter provided, and t h e t imes and modes of collecting t he same, and enforcing the payment

thereof, and general ly for car ry ing out the purposes of this Act , and

such by-laws shall c lear ly set forth w h a t pecuniary or o ther pena l ty or forfeiture shall be incurred by any breach thereof respectively, provided a lways t h a t no such pecuniary pena l ty shall in a n y case exceed t h e sum of five pounds . A n d such by-laws shall , after approval by the Governor, wi th the advice of the Execu t ive Council , be publ ished in t he Gazette and in one local newspaper ; and the; product ion of t h e Gazette pu rpo r t i ng to conta in a copy of any such by-laws shall be sufficient evidence in any proceeding in any Cour t of Jus t i ce t ha t such by-laws have been duly m a d e and approved i n accordance wi th t he provisions of this Act .
6. So soon as any such sale-yards shall be established, and by­ laws approved and publ ished, t he Council may demand and t a k e from every owner in respect of any cat t le b r o u g h t to any such sale-yards, or yarded in or b rough t to a n y other sale-yards wi th in t he Borough of W a g g a W a g g a , if such cat t le be in tended for sale by publ ic auction or pr iva te contrac t , t he fees and tolls ment ioned in t h e said b y - l a w s . Provided t h a t t h e fees and tolls levied by t h e Council upon cat t le b rough t to any other sale-yards shall not exceed those levied upon cat t le yarded in or b rought to t he sale-yards unde r this Act . Provided fur ther t h a t t he said Counci l shall h a v e only t he power to levy one half t he same fees and tolls which are chargeable in the Munic ipa l Sale-yards for a period of five years from t h e passing of th i s Ac t , b u t thereafter t he Council shall have power to levy the full fees and tolls

a s aforesaid for or in respect of any sale-yards s i tuated wi th in the

aforesaid l imits , which shall before t he commencemen t of this A c t have been established and which arc now be ing used for the bond fide purpose of hold ing sales of ca t t le therea t , b u t t he said privi lege of p a y i n g only such half fees and tolls as aforesaid shall no t ex tend to
a n y propr ie tor of any such las t -ment ioned yards unless he shall,

wi th in one m o n t h after the date of t he passing of this Ac t , have given not ice to t he Council by wr i t ing unde r his h a n d t h a t he claims t h e said privi lege.

7. Al l sums of money which shall be imposed or made payable ,

a n d all penalt ies and forfeitures incur red u n d e r this A c t or any by-

laws he reunder , may be recovered a t t h e suit of t h e Council , or t he

Clerk of the Council , in a s u m m a r y way, before any Jus t i ce of t h e

Peace, unde r t he provisions of t h e Ac t or Acts for the t ime be ing in force r egu la t ing proceedings on summary convictions.

8 . This A c t may be cited as the " W a g g a W a g g a Cat t le Sale-

yards A c t . "

A n