Bates’s Estate Act of 1881 No bea (NSW)
An Act to authorize the Sale Mortgage and Leasing of certain Lands and Heredita ments devised by the Will of Mary Ann Bates deceased and for other purposes. [18th August, 1881.]
WH E R E A S S o u t h W a l e s widow deceased was at t h e t ime of he r dea th hereinaf ter
M a r y A n n Bates la te of P a r r a m a t t a R o a d in t h e Pa r i sh
die seized or possessed u p o n t r u s t t h a t t hey or t h e survivor of t h e m his heirs or assigns or t h e Trustees or Trus tee for t h e t i m e be ing of t h a t he r wil l did and should pe rmi t a n d suffer he r son-in-law Joseph H y d e P o t t s a n d he r d a u g h t e r E m m a P o t t s h is wife d u r i n g the i r jo in t l ives and after t h e dea th of t he pre-deceaser for t h e survivor
of Concord in t h e Coun ty of Cumber l and in t h e Colony of N e w
men t ioned seized and possessed for an estate of inher i t ance in fee s imple of t he lands and he red i t ament s in t h e first Schedule to th is A c t m e n t ioned and described free from incumbrances and of t h e lands and here d i t aments in t h e second Schedule to th i s A c t men t ioned a n d described
subject to a mor tgage from t h e said M a r y A n n Bates to J o h n Gurne r
wh ich said m o r t g a g e has no t yet been released nor t h e pr incipal a n d
in teres t due and owing on the secur i ty thereof paid or discharged. A n d
whereas t h e said M a r y A n n Bates du ly m a d e a n d publ i shed he r last
will and t e s t a m e n t da ted t h e fifth day of February one t h o u s a n d e ight h u n d r e d and fifty-one and the reby devised u n t o Arch iba ld Campbel l
a n d P iddocke A r t h u r Tompson all t he real es ta te of which she should
survivor of t h e m du r ing his or her life to occupy and enjoy t h e same a n d receive t he rents and profits thereof for the i r his or her own use and upon fur ther t rus t after t h e dea th of t he survivor of t h e m to
| divide t he said es ta te in equal port ions be tween | Franc i s H o w a r d | P o t t s |
| T remayne | H y d e | P o t t s | a n d | Joseph ine | E l i zabe th | H a r r i e t | P o t t s | t h e |
| chi ldren of t h e said J o s e p h H y d e Po t t s | and | E m m a | P o t t s | or | such | of |
| t h e m as should be t h e n l iv ing or a t t h e discretion | of her | Trustees | or |
| Trus tee to sell t h e same and pay over to her | said g randch i ld ren | t h e |
moneys ar is ing from t h e said sale Provided always and the said t e s ta t r ix declared i t to be he r will t h a t in case t he said Trus tees or e i ther of t h e m should die in her l ifetime or should a t her decease renounce the t rus t s of t h a t her will or in case the said Trus tees or e i ther of t h e m or any Trus tee or Trustees to be appointed unde r t h e now rec i t ing provision should afterwards die or become unab le or unwi l l ing to act in t h e t rus t s of t h a t he r will or should go to reside out of t he said Colony before t h e same should be fully execu ted and performed then and in such case and so often as t he same should happen i t should be lawful for t he surviv ing or con t inu ing Trustees or Trustee for t h e t ime be ing or if t he re should be no surviv ing or con t inu ing Trus tee t hen for t h e re t i r ing Trustees or Trus tee or if t he re should be no such las t -ment ioned Trustee t h e n for t h e executors or adminis t ra tors of t h e last deceased Trustee to appoin t a n y fit person or persons to supply t he place or places of the Trus tee or Trus tees so dy ing or becoming unab le or unwi l l ing to ac t or going to reside out of t h e said Colony as aforesaid and t h a t immedia te ly after every such appo in tmen t t h e said t rus t estate moneys and pre mises should be conveyed assigned and transferred a t t h e costs a n d expenses of her t r u s t estate in such m a n n e r t h a t the same m i g h t vest in such new Trus tee or Trustees jo int ly w i th t h e surviving or cont inu ing Trus tee or Trustees or in such new Trus tee or Trustees solely as t h e case m i g h t requ i re subject to t he t rus ts aforesaid and t h a t such n e w Trus tee or Trustees should have and m i g h t exercise as well before as after such conveyance and t ransfer as aforesaid all t he powers a n d author i t ies whatsoever in t h e said will before contained in t h e same m a n n e r to all in ten ts and purposes as if he or they h a d been appointed a Trus tee or Trustees by t h a t her will A n d whereas t he said M a r y A n n Bates died on the t e n t h day of J u n e one thousand e ight hundred and s ix ty w i t h o u t hav ing in any way revoked or a l tered her said will
| and leaving he r surviving t h e | said | Joseph | H y d e | Po t t s | E m m a | Po t t s |
| F r a n c i s | H o w a r d | Po t t s | T remaync | H y d e | Po t t s | a n d | Joseph ine | El izabeth |
H a r r i e t Po t t s A n d whereas the said T remaync H y d e Po t t s died on t h e twenty- four th day of October one thousand e ight hundred and s ixty
| a n d the said P iddocke A r t h u r Tompson died on the seventh day of | A u g u s t one thousand eight hund red and s ix ty- three and t h e said Joseph | ||||||||
| H y d e Po t t s died on the twenty-s ix th day of September one thousand | |||||||||
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| M a r y A n n Bates deceased was possessed a t t he t ime of her death con sisted of t h e lands and hered i taments in t h e first Schedule to th i s A c t ment ioned and described it was witnessed t h a t she t he said Josephine El izabeth H a r r i e t Pot t s granted assured and disposed of to cer ta in Trus tees there in named upon t h e t rusts there in expressed and conta ined all t h a t share or en t i re ty to which she was or m i g h t be in t he event of he r surviving the said E m m a Po t t s ent i t led of and in t h e lands and pre mises thereinbefore and in t h e said first Schedule to th i s A c t ment ioned and described and all he r es ta te and interest in t he said premises a n d |
every
every p a r t thereof A n d whereas Wi l l i am H a t t a m Wi lk inson and
Francis H o w a r d P o t t s a re t he present Trus tees of t he said inden tu re of se t t l ement A n d whereas t h e said Archiba ld Campbel l du ly m a d e
and publ ished his last will and t e s t amen t bea r ing da te t h e four th day of J a n u a r y one thousand e ight h u n d r e d a n d fifty-eight whereby (inter alia) he devised and bequea thed all estates vested in h i m as Trus tee un to his wife Isabel la Campbel l he r heirs executors adminis t ra tors and assigns subject to t h e t rus ts affecting t h e same and if his said wife should pre-decease h i m he appointed R o b e r t J o h n Campbel l J o h n Alex
ander Hora t io P r i ce and Charles E d w a r d Gordon to be his Execu to r s and Trus tees and devised t h e said t r u s t estates to t h e m the i r heirs executors adminis t ra tors and assigns upon t r u s t to hold the same sub j ec t to t h e t rus t s affecting t he same A n d whereas t h e said Isabel la
Campbel l a n d J o h n Alexander Hora t i o Pr ice bo th pre-deceased the said Arch iba ld Campbel l A n d whereas t he said Archiba ld Campbel l died on the n ine teen th day of M a y one thousand e ight hund red and seventy w i thou t h a v i n g al tered or revoked his said will which was du ly proved on t h e twen ty -e igh th day of J u n e one thousand e ight hund red and seventy in t he Supreme Cour t of N e w South Wales by t h e said R o b e r t J o h n Campbel l only A n d whereas t h e said Charles E d w a r d Gordon
t h e o ther surv iv ing Execu to r r enounced and disclaimed probate and execut ion of t h e said will of t h e said Archibald Campbel l and t h e t rus t s thereof and all estates powers and author i t ies devised and given to or vested in h i m by the said will A n d whereas by inden tu re dated t he
twen ty - th i rd day of October one thousand e ight h u n d r e d and seventy-
n ine m a d e be tween t h e said R o b e r t J o h n Campbel l of t he first par t t he
said E m m a P o t t s widow of t he second par t and the said Francis H o w a r d P o t t s a n d the said Donald Eraser of t h e th i rd pa r t rec i t ing (inter alia) t h e will of t h e said M a r y A n n Bates deceased the will of t h e said Archiba ld Campbel l deceased and the said renunc ia t ion and disclaimer by t h e said Charles E d w a r d Gordon it was witnessed t h a t t h e said
R o b e r t J o h n Campbel l w i th t he pr ivi ty and consent and a t t h e reques t of t h e said E m m a P o t t s and in exercise and execut ion of t he power or au thor i ty given to or vested in h i m by v i r tue of t h e there in and hereinbefore reci ted wills and by v i r tue of t h e " Trus t P r o p e r t y A c t of 1862 " and all o ther powers and author i t ies whatsoever in anywise enabl ing h i m in t h a t behalf did nomina te and appoint t he said Francis H o w a r d P o t t s and Donald Eraser to be t rus tees of t h e
said will of t h e said M a r y A n n Bates deceased for all t he t rus t s and
purposes and w i t h all t h e powers and author i t ies expressed and
contained in the same will so far as such t rus t s purposes powers
and author i t ies were t h e n subsis t ing unde te rmined or capable of t ak ing effect a n d the said Francis H o w a r d Po t t s and Donald Eraser did
the reby testify and declare the i r acceptance of t he said t r u s t and i t was fur ther witnessed tha t in pursuance of t he nomina t ion and appo in tmen t thereinbefore conta ined and in consideration of t h e premises and also in considerat ion of t h e s u m of t en shil l ings to t he said Robe r t J o h n Campbel l in h a n d paid by the said Francis H o w a r d Po t t s and Donald Eraser on t he execut ion thereof t he receipt whereof was thereby acknowledged by t h e said Robert J o h n Campbel l (with t h e pr ivi ty and consent of t h e said E m m a Po t t s testified as aforesaid) did g r a n t barga in sell al ien release and confirm u n t o t he said Francis H o w a r d Po t t s and Donald Erase r the i r heirs and assigns all t h e real estates of t h e said M a r y A n n Ba tes deceased t h e n vested in h i m the said Rober t J o h n Campbel l by v i r tue of the there in and hereinbefore recited wills or e i ther of t h e m or otherwise howsoever with all t h e r i gh t s members and appur tenances to t h e same belonging and all the estate r i gh t t i t le and interest bo th at law and in equi ty of h im the said Robert J o h n Campbel l the re in and there to to have and to hold all and s ingular t h e
premises
premises u n t o and to t h e use of t h e said Franc is H o w a r d P o t t s and Dona ld Eraser the i r hei rs and assigns for ever upon t h e t rus t s and for t h e in tents and purposes and wi th under and subject to the powers pro visions and declarat ions in and by the said will of t he said M a r y A n n Ba tes deceased expressed and declared of and concern ing t h e same or such of t he said t rus t s in ten ts purposes powers provisions and declara, t ions as were t h e n subsis t ing unde te rmined or capable of t a k i n g effect A n d whereas t h e said E m m a Po t t s still survives A n d whereas t h e said will of t he said M a r y A n n Bates deceased does not give to t he Trus tees or Trus tee thereof or to any other person any power to sell du r ing t h e l i fet ime of the said E m m a P o t t s or to mor tgage or demise t h e lands and
| he red i t ament s | the reby | devised | A n d | whereas | i t is impossible | w i t h o u t |
| t h e | assistance of | P a r l i a m e n t to sell | or mor tgage t h e said | lands | and |
he red i t aments devised by the said will of the said M a r y A n n Bates deceased or to demise the same for a longer period t h a n t h e life of t h e said E m m a Po t t s A n d whereas in consequence of such impossibili ty t h e lands and hered i taments in t he first Schedule to th is A c t ment ioned and descr ibed are and remain un improved a n d almost unproduc t ive of income and cer ta in bui ld ings on t h e lands and hered i taments in t h e second Schedule to this A c t ment ioned a n d described are becoming di lapidated and a lmost unproduc t ive a n d of small and decreasing va lue And whereas it is expedient and would be for t he benefit of all par t ies in teres ted in t h e said lands and hered i taments in t he said Schedules respectively ment ioned and described t h a t powers to sell mor tgage and lease t h e same should be conferred on the Trustees or Trus tee for t he t ime be ing of t he said will of t h e said M a r y A n n Bates deceased for t h e benefit of t he persons in teres ted u n d e r t he said wil l and t h a t the proceeds of t h e sale of such of the said lands and hered i taments as shal l from t ime to t ime be sold and t h e ren t s and profits ar is ing from t h e lease of such of t h e said lands and hered i taments as shall from t ime to t ime be leased should be held in t rus t for and t h e moneys raised by mor tgage of such of t h e said lands a n d hered i taments as shall f rom t ime to t ime be mor tgaged should be applied towards t he improvemen t of t he proper ty for t he benefit of the persons respectively ent i t led unde r t h e said will to t h e lands and hered i taments so sold demised or mor tgaged Be i t therefore enacted by t h e Queen ' s Mos t Exce l len t Majes ty by and w i t h t he advice and consent of t he Legislat ive Council and Legis la t ive Assembly of N e w South Wales in Pa r l i amen t assembled and by t h e
| au tho r i t y | of t he same as | fo l lows:— |
1. I t shall be lawful for the said F ranc i s H o w a r d P o t t s and
Donald Erase r or o ther t he Trustees or Trus tee for t h e t ime being of
t h e said will of t h e said M a r y A n n Bates deceased [such persons
be ing hereinafter designated " t he said Trustees or T r u s t e e " ] to sell a n d absolutely dispose of all and s ingular t h e said lands and heredi ta men t s ment ioned a n d described in t h e said several Schedules to th is A c t or any of t h e m or any par t of t he same lands and hered i taments e i ther by publ ic auc t ion or pr iva te con t rac t e i ther in one or in more lot or lots a n d in such m a n n e r generally and upon and subject to such t e rms and condit ions as the said Trustees or Trus tee shal l deem expedient wi th power to buy in the said lands and he red i t aments or any of t h e m or any p a r t thereof a t any sale by auc t ion and to rescind or vary any cont rac t for sale e i ther on t e rms or g ra tu i tous ly and to re-sell w i thou t being responsible for any loss occasioned the reby and upon any sale or sales to convey t h e land so sold to t h e purchaser or purchasers thereof his he r or the i r hei rs and assigns or as such purchase r or purchasers m a y direct freed and discharged from all t rus t s affecting t he same and the receipts in wr i t ing of t h e said Trustees or Trustee for t h e purchase money of any lands a n d heredi ta m e n t s so sold shall be full and sufficient discharges to any purchasers
from
from t h e same a n d f rom be ing bound to see to t h e appl icat ion of t h e same and from a n y l iabil i ty for t he loss non-appl ica t ion or misapplica t ion of t he same or of a n y pa r t thereof.
2. I t shall be lawful for t h e said Trustees or Trus tee to allow
a n y purchaser or purchasers credit for t he p a y m e n t of t h e whole or pa r t of his he r or the i r purchase money u p o n such t e rms as to in te res t or otherwise and general ly as t h e said Trustees or Trus tee m a y deem reasonable and expedient Provided t h a t t h e land in respect of w h i c h such credit shal l be given shall r emain unconveyed or shall by a p roper mor tgage wi th full powers of en t ry and sale and other usua l and proper provisions be m a d e a securi ty for t h e p a y m e n t of t h e
pu rchase money r ema in ing unpa id Provided fur ther t h a t in t he event of any such secur i ty be ing t a k e n the vendor 's l ien for t he said purchase money and every p a r t thereof shall no t be the reby affected or lost.
3 . I t shal l be lawful for t he said Trus tees or Trus tee from t ime to t i m e for t he purpose of ra is ing any sum or sums of money which in the i r or his opinion i t m a y be desirable to borrow for t h e purpose of e rec t ing a n y bui ld ings or repai r ing or re-bui lding any ex i s t ing bui ld ings upon or otherwise improv ing any pa r t or par t s of t h e lands a n d he red i t ament s ment ioned and described in t h e said several
Schedules to th is A c t to execu te any m o r t g a g e or mor tgages in fee or for any t e r m or t e rms of years of such pa r t or par t s of t h e said lands and he red i t aments w i th power of sale and all o ther usua l powers provisions and covenants Provided t h a t no person who shal l advance money upon t h e securi ty of any mor tgage pu rpo r t i ng to be made unde r t he power hereby given shall be bound to enquire as to t h e advisabil i ty or propr ie ty of t h e ra is ing of such money or as to t h e appl icat ion of such money w h e n raised a n d advanced a n d the receipt of t he said Trustees or Trus tee for t he moneys so advanced shal l effectually d ischarge t h e person advanc ing t h e same from any
l iabil i ty in respect of t he misappl icat ion or non-appl icat ion thereof. 4. I t shal l be lawful for t h e said Trustees or Trus tee from t ime to t ime by deed or wr i t ing to demise and lease all or any par t of t he said lands a n d hered i taments to a n y person or persons for any t e r m of years n o t exceeding twen ty -one years to t ake effect in possession a t t h e best
year ly ren t t h a t can be reasonably obtained for t he same wi thou t any fine p r e m i u m or foregift A n d also f rom t ime to t ime by deed to demise a n d lease any par t of t h e said lands and he red i t ament s to any person or persons who shall covenan t to improve t h e same by repai r ing any bui ld i ng or bui ld ings now s tand ing or which shall hereafter be s t and ing on
a n y pa r t of t he l and the reby leased or by e rec t ing a n d bui ld ing a n y house or houses bu i ld ing or bui ld ings on such l and or any par t thereof or by otherwise expend ing in improvemen t such moneys as shall be deemed by the said Trustees or Trustee adequa te to t h e in teres t to be pa r t ed wi th b u t so t h a t every lease u n d e r this las t -ment ioned power shall be for a t e r m no t exceeding fifty years to t ake effect in possession or wi th in one year from the da te thereof and shall be a t such r en t as t h e said Trus tees or Trus tee shal l hav ing regard to t he t e r m s and conditions of such lease t h i n k reasonable and proper so however t h a t n o t h i n g be t a k e n by way of fine p r e m i u m or foregift Provided t h a t every inden tu re of lease m a d e u n d e r t he provisions of th is section shal l conta in a covenant by t h e lessee to pay t h e r en t thereby reserved and for insurance aga ins t fire of any bui ld ing erected or to be erected on the land the reby demised a n d also a condi t ion of re -ent ry on n o n - p a y m e n t of r e n t w i th in a t ime to be there in specified and so also t h a t a coun te rpa r t of such lease be executed by the lessee A n y lessee pay ing any r e n t reserved by any such lease to t h e said Trus tees or Trus tee shall no t be bound to see to t h e appl icat ion thereof and shall be free from any liability for t he non-
appl icat ion or misappl icat ion of t h e same or any p a r t thereof.
5. T h e powers in th is A c t conta ined shall be exercised dur ing t h e
| l i fet ime of | t he | said | E m m a | Po t t s | w i t h t h e consent | in wr i t i ng of | t he |
said E m m a Po t t s and from and after t he dea th of t he said E m m a Po t t s save as hereinafter ment ioned a t t h e absolute discretion of t he said Trustees or Trus tee Provided always t h a t all the said powers so far as t h e exercise of t h e m m a y affect t h e lands and hered i taments i n t h e first Schedule to th i s A c t ment ioned and described shall at all t imes be exercised w i t h t h e consent in wr i t ing of t h e Trustees for t h e t ime
| be ing of t h e said inden tu re of se t t l ement | of t he said four teenth | day |
of Apr i l one thousand e ight hund red and sixty-six.
6. The said Trustees or Trus tee shall s tand seized and possessed of t he said lands and he red i t aments or of such por t ion thereof as m a y f rom t ime to t ime remain unsold subject to any leases g ran ted and to any other estates r igh t s or interests created unde r t he au thor i ty of th is A c t upon the t rus t s a n d subject to the provisions in t h e said will of t he said M a r y A n n Bates expressed and declared concerning the same respectively A n d from and after t he sale of any por t ion of t h e said lands and hered i taments shall s tand possessed of t he moneys ar is ing from such sale upon t ru s t in t he first place to pay all costs and expenses of and inc identa l to the p rocur ing and pass ing this A c t and also of all deeds i n s t rumen t s acts dealings and proceedings subsequent ly to the pass ing of th is A c t executed signed done or unde r t aken for t h e purpose of enabl ing t he said Trustees or Trus tee to carry out advantageous ly any sale hereby authorised A n d in t h e nex t place to pay and satisfy
| all costs charges and expenses incurred in and about t h e said sale | A n d |
after such p a y m e n t as aforesaid upon t r u s t to lay out so m u c h of t he net surplus of such moneys or any pa r t thereof as m a y arise from the sale of the lands and he red i t aments in t he said second Schedule to this A c t ment ioned a n d described in or towards pay ing the pr incipal due or owing on t h e securi ty of t h e said mor tgage from the said M a r y A n n Bates deceased to t h e said J o h n G u r n e r or of any other mor tgage or mor tgages of the said lands and he red i t amen t s or of any pa r t thereof which may a t any t ime or from t ime to t ime be due or owing and subject as aforesaid to invest t h e whole or t h e balance of such n e t surplus as aforesaid in any debentures or Gove rnmen t securities of any k ind of any of t he Colonies of N e w South W a l e s Victor ia or Queens land or u p o n freehold securi t ies in t he said Colony of N e w South W a l e s or
| u p o n deposit a t in teres t in a n y b a n k | car ry ing | on | business | in t h e said |
| las t -ment ioned Colony wi th power f rom t ime to t ime and a t any t ime to vary or t ranspose any such inves tmen t or securi ty in to or for any other inves tment or secur i ty of t h e k ind hereby authorised. 7. The said Trustees or Trus tee shall s tand possessed of such | inves tments and securit ies a n d | the ne t dividends | income | and a n n u a l |
| produce ar is ing theref rom | and also of t h e ne t r en t s arising from and |
payable u n d e r any lease m a d e under t h e au thor i ty of th i s A c t U p o n such t rus t s and wi th and subject to such powers provisions and declarat ions as shall as near ly correspond wi th the uses t rus t s provisions and declarat ions in t he said will of t h e said M a r y A n n Bates expressed and conta ined concern ing t h e said lands and hered i taments or any par t or pa r t s thereof respect ively or such of t h e m as shall be subsis t ing or
| capable of | t a k i n g effect as t h e different | n a t u r e and qual i ty of | t h e pre |
mises and t h e rules of law and equi ty will pe rmi t Provided t h a t i t shal l he lawful for t h e said Trustees or Trus tee a t any t i m e or from t ime to t ime to apply t h e whole or a n y pa r t of t h e ren t s a n d profits of any por t ion or port ions of t h e said lands a n d hered i taments in t h e said second Schedule to th is A c t ment ioned and described in a n d towards p a y m e n t
| of the in teres t f rom t ime to t ime due or owing on the secur i ty of | t he |
| said m o r t g a g e from | t h e said M a r y A n n | Bates deceased to the said | J o h n |
| Gurne r | A n d to apply t h e whole or any p a r t of t he rents and profits of |
b any
any por t ion or port ions of t h e said lands and he red i t amen t s in t h e said Schedules to th is A c t ment ioned a n d described in or towards p a y m e n t of t h e in teres t from t ime to t i m e due or owing on t h e securi ty of any m o r t g a g e or mor tgages of such por t ion or port ions executed unde r t he power here in conta ined. 8. I t shall be lawful for the said Trustees or Trus tee to m a k e a n d a l t e r and concur in t he m a k i n g and a l te r ing of any roads streets or ways on and over any p a r t or par t s of t he said lands and heredi ta m e n t s A n d also to erect m a k e and carry out a n d concur i n t h e erec t ing m a k i n g and ca r ry ing ou t of any walls sewers drains water courses or o ther works which may in t he discretion of t h e said Trus tees or Trus tee conduce to t he be t t e r l ay ing out improv ing or sell ing of t h e said lands and he red i t amen t s or t h e convenience and enjoyment of those persons w ho shall have purchased or shall pu rchase a n y par t thereof The costs of any such works on t h e p a r t of t he said Trus tees or Trus tee or the i r or his propor t ion of any costs for such works and any costs and expenses of and inc identa l to t h e b r ing ing of t h e said lands and hered i taments or any par t thereof unde r t he provisions of t h e R e a l P r o p e r t y A c t (which the said Trus tees or Trus tee are or is hereby author ised to incur) m a y be deducted and re ta ined by t h e m or h im in t he same way they or he are or is hereby author ised to deduct and re ta in t he costs and expenses of and inc identa l to sales he reunder F o r any of t h e purposes of th is section t h e said Trustees or Trustee m a y reserve and dedicate e i ther absolutely or upon any condit ions any
pa r t or par t s of t he said lands and hered i taments .
9. This A c t m a y be cited as " Bates ' s E s t a t e A c t of 1 8 8 1 . " S C H E D U L E S .
T H E F I R S T S C H E D U L E .
A n t h a t piece or parcel of land conta ining by admeasurement six hundred and twenty- five acres s i tua te in t he coun ty of Cumber land and parish of L ibe r ty Pla ins in t h e Colony aforesaid Commencing a t t he south-east corner of Thomas Barber ' s land and bounded on the no r th by t h a t farm thir ty-s ix chains on the west by the farms of Thomas and H u g h O 'Donnel l fifty-eight chains and fifty links on the south by p a r t of Eldr idge ' s farm and on the east by the village reserve being the same piece or parcel of land which
is more par t icular ly described iu Crown gran t to Joseph H y d e Po t t s dated the sixth day of J u l y one thousand eight hundred and thirty-five Also all t h a t piece or parcel of land conta ining by admeasuremen t e ighty-nine acres two roods and twenty-n ine perches more or less s i tua te in t h e parish of L ibe r ty Plains aforesaid a n d forming pa r t and parcel of one thousand one h u n d r e d acres g ran ted by the Crown to H e n r y G r a t t a n Douglass Commencing a t the south-east corner of F leming ' s two hundred acre g r a n t and bounded on the cast by the eas te rnmos t bounda ry of t he said g r a n t to Douglass being a l ine bear ing south fifty-six chains on the south by a l ine bear ing west n ine teen chains on the west by a line bear ing nor th thirty-five chains to Sir T. L. Mitchel l ' s marked line of new road loading from Sydney to Liverpool thence on the n o r t h by the sou the rn side of t he said road bear ing nor th s ixty-eight degrees east eleven chains and six l inks again on t h e west by a line bear ing nor th twenty-one chains fifty l inks including the b read th of t he said road and again on t h e n o r t h by pa r t of t he sou thern boundary of F l eming ' s g r a n t be ing a l ine bear ing eas t e ighteen degrees south to t he commencing poin t reserving the b read th of the said Sir T. L. Mi tchel l ' s road (which is no t included in t he above quan t i t y of land) which divides lots twen ty -n ine and th i r ty A n d also all t h a t piece or parcel of land conta ining by admeasuremen t two h u n d r e d and fifty-six acres be t he same more or less s i tua ted in t he county of Cumber land and parish of Concord in the Colony aforesaid being pa r t of four h u n d r e d acres originally g r an t ed as St. J a m e s ' Glebe Commencing a t t h e nor th-wes t corner of N e w t o n ' s land and bounded on the south by a lino bear ing east sixty-two chains t en l inks thence on the east by a l ine bear ing nor the r ly six chains and sixty l inks thence on the nor th-wes t by a l ine bear ing west souther ly six chains thence again on the east by a line bear ing first n o r t h t h i r t y - th r ee degrees west sixty-four chains
fifty l inks and t h e n no r th t w e n t y degrees cast twen ty - th ree chains to t he P a r r a m a t t a
road
road on the no r th by the P a r r a m a t t a road as far as t he north-west corner and thence on the west by a lino bear ing first south e ighteen degrees west fifty-six chains twen ty links and t h e n south twen ty -n ine chains n ine ty l inks to the point of commencement which said piece or parcel of land was g ran ted to t h e said Joseph H y d e Po t t s by g ran t from the Crown by le t te rs p a t e n t dated t he thi rd day of December one thousand eight hundred and forty-one.
T H E S E C O N D S C H E D U L E .
A L L t h a t parcel of land containing by admeasuremen t th ree roods and th ree perches and
s i tua ted in t he town of Sydney par i sh of Saint Andrew county of Cumber land in t he t e r r i to ry of N e w Sou th W a l e s Bounded on t h e west by Sussex-street bear ing n o r t h sixteen degrees th i r ty minu tes west two hundred and one links on t h e no r th by Ba thu r s t - s t r ee t bear ing eas t two degrees th i r ty minu tes no r t h th ree h u n d r e d and n ine ty l inks on
| the cast by K e n t - s t r e e t | bear ing south sixteen degrees east two hundred and five links |
and on the south by n u m b e r six and number four a l lo tments bear ing west two degrees south th ree hundred and ninety-six l inks being a l lo tment n u m b e r five of section eleven described in the G o v e r n m e n t not ice dated the twenty-fifth M a y one thousand eight
| h u n d r e d | and | th i r ty-one . |
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