New South Wales Consolidated Acts

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MOORE-STREET IMPROVEMENT ACT OF 1890 - SECT 22

Incorporation of provisions of Public Works Act

22 Incorporation of provisions of Public Works Act

The several sections of the Public Works Act of 1888 hereinafter specified, together with the respective powers, authorities, duties, liabilities, obligations, and other the provisions therein contained, are hereby declared to be incorporated with an embodied in this Act to the intent that the same may be applied as fully and effectually to the lands resumed under the authority of this Act as if the said sections had been specifically enacted herein. Provided that wheresoever in any section so incorporated the words “constructing authority” occur, there shall, for the purposes of this Act, be substituted in lieu of such words the expression “Municipal Council of Sydney”; the expression “authorized work,” wheresoever occurring in any such section, shall be held to refer to the purpose authorized by this Act, and the words “this Act” shall similarly be held to refer to “this present Act”. The following are the sections of the said Public Works Act so declared to be incorporated herewith:

(I) As to the deposit of compensation money in certain cases with the Master in Equity, and the application and investment thereof. As to payment of such money in certain cases to trustees or to the parties themselves, and the exoneration of the Council in respect thereof after payment, the presumption of ownership, and the payment of costs. Sections sixty-two to seventy-two, both inclusive.
(II) As to the procedure by the Council in case the owner or occupier of any lands resumed under this Act shall refuse to give up possession thereof, or hinder the Council from entering upon or taking possession of the same. Sections seventy-seven.
(III) As to the purchase or redemption of the interests of mortgagees and the deposit of principal and interest due on mortgages with the Master in Equity, the procedure to be observed when the mortgaged lands are of less value than the mortgage debt and when part only of lands in mortgage is taken. Sections eighty-one to eighty-six, both inclusive.
(IV) As to the release of lands from rent charges and other incumbrances and procedure thereon. Sections eighty-seven to ninety, both inclusive.
(V) As to the apportionment of rent where lands resumed are under lease, and as to compensation to tenants. Sections ninety-one to ninety-four, both inclusive.



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