An Act to authorise the formation and dedication of a public thoroughfare between Pitt and George Streets, in the City of Sydney, to be called Martin-lane; to resume, subject to compensation, a small portion of land for the purpose of forming such lane; and to amend, in certain respects, the General Post Office (Approaches Improvement) Act 1889.
Preamble
WHEREAS it is enacted by the General Post Office (Approaches Improvement) Act of 1889 [hereinafter termed the “Principal Act”] that the Governor with the advice of the Executive Council may form and dedicate to the public in such manner as he may think fit, from the lands in the said Act referred to, a lane connecting Chisholm-lane and Angel-place (formerly called Terry-place) of not less than the lawful width, for the purpose of giving access to the buildings to be erected on the lands sold or leased under the authority of the said Act, reserving for future disposal two feet in width of the resumed land in front of the adjoining land on the north: And whereas it is believed that the convenience of the public and of the purchasers or lessees of the lands resumed by the said Act would be furthered by extending the lane connecting Chisholm-lane and Angel-place so that a public thoroughfare between Pitt and George Streets should be dedicated and made available for public use [such thoroughfare to be designated “Martin-lane”], and that compensation should be provided, as hereinafter described, in respect of the resumption of a certain strip of land not included in the Schedule to the Principal Act, as well as in respect of any damage or injury that may be sustained by the owners of land having frontage to Angel-place in consequence of the formation of such lane: And whereas it is expedient in order to carry out the aforesaid purposes to amend, in certain respects, the Principal Act:
Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:
1 Name of Act
This Act may be cited as the General Post Office (Approaches Improvement) Act Amendment Act 1892, and shall be read as forming part of the “Principal Act”.
2 Martin-lane to be formed etc
The portion of land lying between Pitt and George Streets in the city of Sydney, and more particularly described in the First Schedule hereto, is hereby, under the designation of Martin-lane, declared to be, and dedicated to public use as, a public thoroughfare or lane connecting Pitt with George Street, and to be in substitution of the lane connecting Chisholm-lane and Angel-place, formerly called Terry-place, which the Governor with the advice of the Executive Council was by the Principal Act empowered to form and dedicate to the public: And it shall be the duty of the Minister for Public Works to form the said Martin-lane in accordance with plans to be approved by the Governor with the advice aforesaid. And for the purpose of giving effect to the provisions of this section all estates and interest in, and all rights, claims, and easements in respect to or over the portion of land hereby dedicated are, so far as they might be inconsistent with such provisions, hereby abrogated and annulled. Upon the formation of such lane the same shall, upon a proclamation by the Governor with the advice aforesaid published in the Gazette, become vested in the Municipal Council of the said city in the same manner and subject to the same conditions and obligations as in the case of other public highways of the said city: Provided that nothing in this Act contained shall be deemed to waive or annul the reserve or power of reservation of two feet in width in front of the adjoining land on the north of Martin-lane, which the Governor, with the advice of the Executive Council, was authorised to make under section five of the Principal Act: Provided further that it shall be lawful to increase the depth of allotments fronting Martin-place by two feet if the Governor in Council shall alter the alignment of Martin-lane so as to include two feet on the north, now reserved.
3 Resumption of land for formation of Martin-place, compensation etc
The portion of land described in the Second Schedule hereto is hereby resumed by Her Majesty for the purpose of forming and dedicating Martin-lane; and is hereby vested in the Minister for Public Works, and his successors for the same estate, and subject to the same conditions and provisions as govern or are applicable to the portions of land resumed under the Principal Act: And the provisions for compensation contained in the third and subsequent sections of the Principal Act shall extend and be applicable to the owners of any portion of the land hereby resumed, or of any estate or interest therein, or of any land comprised in the description given in the First Schedule hereto and affected by the dedication of Martin-lane hereinbefore declared, and shall be deemed to be incorporated in this Act: Provided always that any damage or injury which any owner of land, or of any estate or interest therein, having frontage to the private lane now known as Angel-place, formerly called Terry-place, shall claim to have sustained through or under the operation of this Act, shall be the subject of compensation, and be deemed to be included under and governed by the aforesaid sections: But in ascertaining the amount of compensation payable in respect of such damage or injury, regard shall be had to the benefits gained by such owner from the opening of the lane authorized by this Act and its extension from Pitt to George Street, and the money value of such benefit shall in every case be set off against such compensation.
First Schedule Description
All that piece or parcel of land situated in the city of Sydney, in the parish of Saint James, county of Cumberland, and State of New South Wales, containing by admeasurement thirty-three and a quarter perches and extending, not less than twenty feet wide throughout, from the eastern building line of George-street to the western building line of Pitt-street within the following boundaries: Commencing at a point on the eastern building line of George-street (distant north four degrees sixteen minutes twenty-two seconds west one hundred and seventy-eight feet and seven-eighths of an inch from the north-western corner of the base-course of the present structure of the General Post Office); and bounded thence on part of the west by part of the eastern building line of George-street aforesaid bearing north four degrees sixteen minutes twenty-two seconds west twenty feet and half an inch; thence on parts of the north and north-east by lines bearing successively north eighty-nine degrees twenty-eight minutes forty-three seconds east ninety-nine feet eleven inches and south fifty-eight degrees twenty-one minutes east twenty-seven feet seven and three quarters inches; thence again on parts of the north by lines bearing successively south eighty-eight degrees forty-three minutes fifty-four seconds east thirty-five feet one and three quarters inches and north eighty-six degrees fifteen minutes forty-six seconds east one hundred and ten feet five and one-eighth inches; thence on the remainder of the west by lines bearing successively north four degrees one minute east two feet and one quarter of an inch and north four degrees twenty-three minutes fifty-four seconds west ninety-two feet two and a quarter inches; thence on the remainder of the north by a line bearing north eighty-six degrees forty-eight minutes fifty seconds east eight-six feet three-and-five-eighths inches to a point on the western building line of Pitt-street; thence on part of the east by part of the western building line of Pitt-street bearing south four degrees thirteen minutes five seconds east twenty feet to another point thereon (distant north four degrees twelve minutes thirty-three seconds west two hundred and fifty feet five and a quarter inches from the north-eastern corner of the base-course of the present structure of the General Post Office); thence on part of the south by a line bearing south eighty-six degrees forty-eight minutes fifty seconds west sixty-six feet two and seven-eighths inches; thence on the remainder of the east by lines bearing successively south four degrees twenty-three minutes fifty-four seconds east seventy-three feet two and three-quarters inches and south four degrees one minute west twenty feet eleven and three-eighths inches; and thence again on the south, the south-west, and the remainder of the south by lines bearing successively south eighty-six degrees fifteen minutes forty-six seconds west one hundred and twenty-eight feet nine and one-eighth inches, south eighty-eight degrees twenty-seven minutes forty seconds west thirty-eight feet four and one-quarter inches, north fifty-eight degrees twenty-one minutes west thirty feet eleven and one-half inches, and south eighty-nine degrees twenty-eight minutes forty-three seconds west ninety-two feet ten and one-eighth inches, to the point of commencement.First Sch: Am 1901 No 39, sec 5 (1) and Sch A.
Second Schedule Description of a portion of land resumed for Martin-lane
All that piece or parcel of land, situated in the city of Sydney, in the parish of Saint James, county of Cumberland, and Colony of New South Wales, containing by admeasurement forty square feet more or less, and comprising the strip two feet wide reserved at the southern extremity of Terry-place, now called Angel-place, in the subdivision of allotment 22B of section thirty-seven, city of Sydney, grant to the executors and trustees of the late Samuel Terry: Commencing at the south-eastern corner of land now under certificate of title, volume one, folio fifty-eight, Lands Titles Office, being also the south eastern corner of lot nine of the subdivision aforesaid; and bounded thence on the south by a line bearing north eighty-six degrees thirty minutes east twenty feet and one-eighth of an inch to the south-eastern corner of lot one of the same subdivision; thence on the east by part of the western boundary of that lot bearing north four degrees twenty-three minutes fifty-four seconds west two feet; thence on the north by a line forming the southern extremity of Terry-place, now called Angel-place aforesaid, bearing south eighty-six degrees thirty minutes west twenty feet and one-eighth of an inch to the eastern boundary of lot nine aforesaid; and thence on the west by part of the eastern boundary of that lot bearing south four degrees twenty-three minutes fifty-four seconds east two feet, to the point of commencement.