An Act to enable John Humphries or other the Trustee or Trustees for the time being of a Settlement bearing date the second day of August one thousand eight hundred and forty-eight and made between Thomas Bird deceased of the first part Trophina Bird his wife also deceased of the second part and Francis Smith and the Reverend John Joseph M'Encroe of the third part to sell certain land and houses in Oatley- street and Park-road in the city of Sydney and to provide for the application of the proceeds thereof. [17th September, 1880.]
| m a d e be tween the abovenamed Thomas Bird of the first p a r t the | WH E R E A S b y an day of A u g u s t one t housand e ight h u n d r e d and for ty-eight and |
| abovenamed Troph ina Bi rd of t he second p a r t and t h e abovenamed Franc i s Smi th a n d J o h n Joseph M ' E n c r o e of t he th i rd p a r t cer ta in p roper ty of t he said Thomas Bird "was conveyed and assured to t he said F ranc i s Smi th and J o h n Joseph M ' E n c r o e upon cer ta in t rus ts for |
| t h e benefit of t h e said Thomas Bird a n d Trophina Bird and | the i r | |
| chi ldren | A n d whereas b y a n inden tu re da ted t h e twen ty- th i rd | day | of | |
| J u l y one thousand eight | h u n d r e d and s ix ty-e ight | and | made | be tween | |
| t h e said Thomas Bird and Trophina Bird his wife of t he one p a r t | and | |
| Ebcneze r | Orr and t h e abovenamed | J o h n | H u m p h r i e s | of | t he o ther | p a r t | |
| after rec i t ing | t h a t | b y | a n | inden tu re | of se t t l ement | bear ing | da te | t h e | |
| second day of A u g u s t one thousand e ight hund red and for ty-eight and m a d e be tween the said Thomas Bi rd t he said Trophina Bird t h e said F ranc i s Smi th and J o h n Joseph M ' E n c r o e there in designated Trustees cer ta in p roper ty of t he said Thomas Bird was conveyed and assured to the said Franc i s Smi th and J o h n Joseph M ' E n c r o e as such Trustees | upon | |
| inden ture of se t t l ement bea r ing date the | second |
upon such t rus t s as t he said Thomas Bird and Troph ina Bi rd should jo in t ly appoint and in defaul t of appo in tmen t upon t rus t for t he said Thomas Bird and Trophina Bird dur ing the i r lives and for t h e survivor of t h e m for his or he r life and subject there to upon t rus t for the i r chi ldren and after rec i t ing a power in t h e said se t t lement conta ined for t he said Thomas Bird and Trophina Bi rd joint ly or t he survivor of t h e m to remove any Trus tee or Trustees and in his or the i r place or places to appoin t a new Trus tee or Trus tees I t was by the inden tu re now in s t a t emen t witnessed t h a t in exercise of t he said power t he said Thomas Bird and Trophina Bird removed the two t h e n exis t ing Trustees and in the i r place appointed t he said Ehenezer Orr and J o h n H u m p h r i e s to act in t h e execut ion of t he several t rus ts powers and author i t ies in t he said se t t l ement declared and contained A n d whereas by an inden tu re dated t he e leventh day of J u n e one thousand e ight h u n d r e d and seventy- two made between Thomas H e n r y Bradbr idge of
| the one par t | and | t h e | said | Ehenezer Orr | and J o h n H u m p h r i e s | of the |
| o ther pa r t t h e | said | Thomas | H e n r y Bradbr idge gran ted and conveyed |
un to the said Ehenezer Orr and J o h n H u m p h r i e s and the i r heirs t he lands and he red i t aments specified in t he Schedule here to to hold t he same to t h e use of t h e said Ehenezer Orr and J o h n H u m p h r i e s the i r heirs and assigns for ewer A n d whereas by wr i t ing unde r the i r hands dated t h e same e leventh day of J u n e t he said Ehenezer Orr and J o h n H u m p h r i e s declared t h a t they held t he piece of land conveyed to them by the inden tu re las t ly hereinbefore s tated upon the t rus t s declared in and by the said inden tu re of se t t l ement or such of t h e m as were t h e n subsis t ing or capable of t a k i n g effect A n d whereas t he said Thomas Bird died in t he m o n t h of A u g u s t one thousand e ight h u n d r e d and seventy-eight and the said Trophina Bird died in t he m o n t h of October one thousand e ight h u n d r e d a n d e igh ty- three and
| the jo in t power of appo in tmen t | contained in | t he | said se t t lement was |
never exercised by t h e m A n d whereas t he r e was issue of the mar r iage be tween the said Thomas Bird and Trophina Bird six chi ldren and no more n a m e l y — M a r g a r e t E m m a Wolfskel M a r y H a r p e r Crewe
| Trophina Orr Char lo t te E l izabe th Bird | Prisei l la Bird and Mar ia | Louisa |
Bird all of whom have a t ta ined the age of twen ty -one years A n d whereas t he said Ehenezer Orr died on or about t h e s ix teen th day of F e b r u a r y one thousand e igh t -hundred and seventy-four A n d whereas t he said i nden tu r e of se t t l ement was never registered and t h e same has been lost and no copy thereof can be found and the n a t u r e and t rus t s of t h e said i nden tu re of se t t lement are only k n o w n in so far as they
are disclosed by the, recitals of the hereinbefore stated inden tu re of t he
| twen ty - th i rd day of J u l y one thousand e ight h u n d r e d and s ix ty-e ight |
A n d whereas it will be for t h e benefit of t he said chi ldren and they are desirous t h a t t he lands and hered i taments comprised in t he Schedule hereto should be sold and the proceeds of the sale divided among the said chi ldren b u t owing to the loss of t h e said se t t lement t he said premises cannot be sold wi thout t he au thor i ty of the legis la ture Be it the re fore enacted by the Queen ' s Most Exce l len t Majesty by and wi th 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 au tho r i t y of the same as follows :—•
| 1. | I t shall be lawful for | t he said J o h n H u m p h r i e s or o ther t he |
Trustees or Trus tee for t he t ime being of t he t rus t s of t h e aforesaid inden tu re of se t t lement to sell and dispose of t he piece of land described in the Schedule hereto w i t h t h e houses and bui ldings thereon and all appur tenances there to by pub l i c auc t ion or pr iva te cont rac t and ei ther toge ther or in parcels as such Trustees or Trus tee shall t h i n k most expedient for such price or prices as can be reasonably had or obtained for the same and upon every such sale i t shall be lawful
for
for t h e said J o h n H u m p h r i e s or o ther t h e Trus tees or Trus tee here in before ment ioned to convey and assure t h e said l and or any p a r t thereof to t he purchaser or purchase r s and t h e r e u p o n t h e same shal l vest absolutely in t h e said purchase r or purchasers his or the i r heirs and assigns freed a n d discharged from the said t rus t s affecting t h e same and t h e receipt in wr i t ing of such Trus tee or Trustees sha l l absolute ly discharge t h e purchaser or purchasers of t h e said land or any p a r t thereof from the purchase money paid b y h i m or t h e m a n d
| from all l iabi l i ty to see to t h e appl ica t ion | thereof. |
2. The Trus tees or Trus tee for t he t ime be ing of t h e said
| i nden tu re | of | se t t l ement | shal l | after | p a y m e n t | the reou t of all expenses |
| of a n d inc identa l | to | t h e | said sales and of a n d to t h e ob ta in ing of th i s |
A c t divide and p a y over t h e proceeds of t h e said sales a m o n g s t t h e said six chi ldren of t he said Thomas Bird a n d Trophina Bi rd share and share al ike t he shares of t he said M a r g a r e t E m m a Wolfskel a n d M a r y H a r p e r Crewe respect ively to be long to t h e m for the i r separate use a n d to be paid into the i r proper hands respect ively and the i r respect ive receipts to be good discharges for t he same.
| 3. | This"Act m a y be ci ted as the " B i r d E s t a t e A c t | 1880 . " |
S C H E D U L E .
| A l l | t h a t | p i e c e | o r | p a r c e l | of | l a n d | s i t u a t e | i n | t h e | p a r i s h | of | A l e x a n d r i a | c o u n t y | o f |
| C u m b e r l a n d | a n d | C o l o n y | of | N e w | S o u t h | W a l e s | b e i n g | p a r t | o f a l l o t m e n t | e i g h t | a n d | p a r t | of |
| a l l o t m e n t | n i n e | of b l o c k | W | of | t h e | s u b d i v i s i o n | o f | t h e | S y d n e y | C o m m o n | l a n d | C o m m e n c i n g |
| t w e n t y | f e e t | f r o m | t h e | s o u t h - e a s t e r n | c o r n e r | of | a l l o t m e n t | n u m b e r | s e v e n | b o u n d e d | o n | t h e |
| s o u t h | b y | t h e | n o r t h e r n | b u i l d i n g | a l i g n m e n t | of | P a r k | R o a d | b e i n g | a l i n e | b e a r i n g | e a s t | l i ve |
| d e g r e e s | s e v e n t e e n | m i n u t e s | n o r t h | t w e n t y | f e e t | o n | t h e | e a s t | b y | a l i n e | b e a r i n g | n o r t h | five |
| d e g r e e s | s e v e n t e e n | m i n u t e s | w e s t | o n e | h u n d r e d | a n d | t w e n t y - f i v e | f e e t | s ix | a n d | a | h a l f | i n c h e s |
| ( a | p o r t i o n | of t h i s | l i n e n e a r e s t | t h e | P a r k | R o a d | r u n s | t h r o u g h | t h e | c e n t r e | of | a | n i n e - i n c h |
| p a r t y - w a l l ) | o n | t h e | n o r t h | b y | t h e | s o u t h e r n | b u i l d i n g | a l i g n m e n t | of | O a t l e y - s t r e e t | b e i n g | a |
| l i n o | b e a r i n g | w e s t | e i g h t | m i n u t e s | n o r t h | t w e n t y | f e e t | o n e | i n c h | o n | t h e | w e s t | b y | a | l i n e | b e a r i n g |
| s o u t h | five | d e g r e e s | s e v e n t e e n | m i n u t e s | e a s t | o n e | h u n d r e d | a n d | t w e n t y - s e v e n | f e e t | five | i n c h e s |
| t o | t h e | p o i n t | of | c o m m e n c e m e n t . |