Bright's Estate Leasing Act 1899 (NSW)

An Act to enable William John Wiseman and William Robson or other the trustees or trustee for the time being of the will of the late John Bright to grant building and im­ proving leases of certain lands devised b y the said will, and to make roads, streets, and ways over and upon the said lands ; and for other purposes connected therewith. [29th December, 1899.]

F r a n c i s Woodward , of Wol longong aforesaid, gen t l eman , and Wil l iam J o h n Wiseman , of the same place, coachbuilder, the t rustees and executors of his said will, and (inter alia) gave, devised, and bequea thed all h is real and all t he residue of his personal estate whatsoever and	wheresoever,
will and tes tament , dated t he twen ty-seven th day of Feb rua ry , one	WH E R E A S	New South Wales , merchan t , duly made and executed his last

J o h n Br igh t , la te of Wol longong , in t he Colony of

thousand e ight h u n d r e d and e ighty- three , and the reby appointed

wheresoever, of or to which lie should a t his dea th he seized, possessed, or enti t led, or over which he should have a general power of appoint­ m e n t or disposition by will u n t o his said t rus tees , thei r heirs , executors , and adminis t ra tors respectively, upon t rus t to permit his wife Es the r A n n i e Lee Br igh t (in the said will called Es the r Ann ie Lee) , to hold, use, occupy, enjoy, or receive the rents , issues, and profits of all and s ingular t he lands and hered i taments s i tuate in Crown-street , Kei ra-s t ree t , Marke t - s t ree t , Church-square , and Church-s t ree t , in Wol longong aforesaid, together w i th the houses, dwell ings, easements, and appur t enances the reun to be longing or apper ta in ing , so long as she should cont inue his widow, and so tha t she should have the same r ights there to as a t enan t wi thout impeachmen t of waste . And from and immediate ly after the second mar r i age of his said wife upon t rus t to pay his said wife du r ing her life an a n n u i t y or year ly rent charge of one hundred pounds sterl ing, to be charged upon and issuing out of t h e said he red i t aments a n d premises a t Wol longong aforesaid, to be payab le quar te r ly and to be for her sole and separate use dur ing a n y c o v e r t u r e ; and so t h a t she should not have power to a l ienate or ant ic ipate t he same and empowered his said wife to recover p a y m e n t of he r said a n n u i t y w h e n in arrears by distress and en t ry upon and percept ion of t he ren t s and profits of the said hered i taments charged therewi th , and empowered the t rus tees or t rus tee for the t ime being of his said will to let all or any pa r t or par t s of t he said he red i t aments a n d premises at Wol longong aforesaid for any t e r m not exceeding five years a t any one t ime for such purposes unde r such conditions and in such m a n n e r as t he said t rus tees or t rus tee for the t ime being of his said will should t h i n k fit. A n d upon t rus t as to all o ther his said real es ta te and the said residue of his personal estate (and also as to the said lands, heredi taments , and premises in Wol longong aforesaid after t he dea th of his said wife) t ha t they his said t rustees or the survivor of t h e m should in such manner and unde r such st ipulat ions and upon such t e rms a n d condit ions in all respects as t hey or he should in thei r or his uncontrol led discret ion t h i n k fit sell, collect, or otherwise conver t	into money (according to t he na tu r e of the premises) all such par t of	the same premises as should not consist of money, and m i g h t buy in
or rescind or vary any con t rac t for sale or of any other descript ion and resell wi thout be ing liable for any loss, and m i g h t for the purposes aforesaid or any of t h e m execute and do all such assurances and th ings as they or he should th ink Jit. A n d should out of the moneys to be produced by such sale, collection, and conversion, and all o ther moneys arising from or forming pa r t of his residuary es ta te pay his funeral any tes tamentary and t rus t expenses and debts and the legacies bequea thed by his said will or any codicil there to and the legacy du ty or a n y legacies bequea thed free of du ty . A n d directed t h a t t he said Franc is Woodward should the reou t pay and re ta in to himself a sum equal to

two

two pounds t en shi l l ings s ter l ing per c e n t u m on the to ta l a m o u n t of

his said real and personal es ta te , and t h e said Will iam J o h n W i s e m a n

a s u m equal to one pound s ter l ing per c e n t u m on such to ta l a m o u n t of his said real and personal estate, for the i r t rouble as such executors as aforesaid, and should hold t he residue of t he said moneys upon t rus t for all his chi ldren or any his child who be ing sons or a son should a t t a in t he age of twen ty -one years, or be ing daugh te r s or a d a u g h t e r should a t t a in t h a t age or mar ry , wi th power to invest t he said t rus t moneys in real securit ies in the said Colony and vary t he same a t thei r or his discretion, and directed t h a t if there should be no chi ld of his l iv ing a t his death, who being a son should a t t a in the age of twen ty - one years or be ing a d a u g h t e r should a t t a in t h a t age or mar ry , t h e n t h e said t rus tees or t he survivor of t h e m should pay over the said moneys and the inves tments represen t ing the same or so m u c h thereof as should not have become vested or been applied unde r t he t rus t s aforesaid to t h e N e w South Wales Wes l eyan Church Sus ten ta t ion a n d Ex tens ion Society to be held by t ha t society in t rus t as to t he sum of th ree t housand pounds pa r t thereof to invest the same in the names of and in such m a n n e r as the t rus tees for t h e t ime be ing of the said society m i g h t deem fit, a n d to pay the in teres t or income thereof towards the support of a second minis te r in connect ion wi th the Wes leyan Methodis t Church in t h e dis t r ic t of Wol longong in the said Colony, and as to the residue of t he said moneys in t rus t for t he said New South Wales Wes leyan Church Sus ten ta t ion and E x t e n s i o n Society absolutely ; and the said tes ta tor by his said will declared t h a t t he receipts of t he said society or of t h e t rus tees for t he t ime being thereof or any o ther officers or officer thereof to whom his said t rus tees or t he survivor of t h e m should in the i r or his uncontro l led discret ion t h i n k tit to pay the same should be full and sufficient discharges therefor and t hey or he should not be responsible or accountable therefor or for t he due and proper i nves tmen t thereof nor be bound to inqu i re into the same : A n d t h e said tes ta tor by his said will fur ther declared t h a t it should be lawful for his said t rus tees or t rus tee to defer	and postpone the sale, conversion, and collection of t he whole or any	par t or par t s of any of his said real and personal estate there in before by
his said will devised and bequea thed in t r u s t for sale respectively so long as to such t rus tees or t rus tee should in the i r or his uncont ro l led discretion seem proper : A n d whereas t he said tes ta tor died on or about
t he four teenth day of May, one thousand eight h u n d r e d and e ighty-
three, leaving h i m surv iv ing his said wife E s t h e r Annie Lee Br igh t ,
b u t w i thou t leaving any child of his l iving at his d e a t h : A n d whereas p roba te of t h e said will was granted by the Sup reme Cour t of N e w Sou th Wales in its ecclesiastical jur isdict ion to the said Franc is Woodward and the said W i l l i a m J o h n Wiseman , on t he th i r t i e th day of Augus t , in t he year one thousand eight

hund red

hundred and e igh ty - th ree : A n d whereas t he said Es the r A n n i e Lee Br igh t , the said wife of the said testator , after t he decease of t he said testator , namely , on t he th i r t i e th day of J a n u a r y , one thousand e ight hundred and e ighty-nine , was lawfully marr ied to Freder ick Thomas Po t t s t hen of Wol longong : A n d whereas by a decree made on the twenty-seventh day of September , one thousand e ight hundred and ninety-five by the Supreme Court of N e w Sou th Wales , in its equi table jur isdict ion, the said Francis Woodward was removed from t h e office of t rus tee of t he said will and Wi l l i am Robson, of Lewisham, was duly appointed to be a now t rus tee of the said will in t he place of t h e said Franc is W o o d w a r d : A n d whereas t he correct n a m e of the said society is t he New South Wales Wes l eyan Methodis t Church Sus ten ta t ion and Extens ion Society : A n d whereas t he said society is a society unde r and subject to t he direction, control , and government of t he N e w South Wales Conference of t he Aus t ra las ian Wes leyan Method i s t Church , and is managed by a commit tee appointed annua l ly by t h e said conference : A n d whereas the said conference annua l ly elects one of i ts members to be president thereof : A n d whereas the said pres ident is by v i r tue of his office cha i rman of the said commit tee : A n d whereas some part of the real estate devised by the said tes tator consists of lauds un improved or only par t ly improved, and which are described in t he Schedule here to , and the income from such of these lands as produce any income, is inadequate according to t he capital va lue of the said lands, and the value of the said lands would be great ly enhanced by g ran t ing e i ther bu i ld ing or improving leases of t h e said lands : And whereas the said will contains no power to lease for more t h a n live years, and no power to m a k e roads, streets, or ways over or upon the said lands, but it, would be beneficial to all par t ies interested unde r the said will that such powers should be conferred upon the t rus tees thereof: Be it therefore enacted by t h e Queen ' s Most Exce l l en t Majesty , by and wi th t h e advice and consent of the Legislat ive Council and Legislat ive Assembly of N e w South W a l e s in P a r l i a m e n t assembled, and by the au tho r i t y of t he same, as

follows :—

1. I n th is Act unless the contex t or subsequen t m a t t e r other­

wise indicates or r equ i r e s—

" t h e said t r u s t e e s " mean and include t he said Wi l l i am J o h n

W i s e m a n and Wi l l i am Robson and the t rus tees or t rus tee howsoever appointed ac t ing for t h e t ime being in t he execution of the t rusts of the said will of t he said J o h n Br igh t , deceased ;

" t h e said l a n d s " mean the lands described in the Schedule

hereto ;

" r o a d , street , or way " mean and include any square , court , alley, lane, road, thoroughfare , or other passage or place wi th in the said lands.

2 M 2.

2. I t shall he lawful for t h e said t rus tees from t ime to t ime by deed to lease ei ther the whole or any pa r t of t he said lands to any person or persons who shall covenant to improve the same by erec t ing or bu i ld ing on any p a r t of t h e land the reby leased any house or houses , bu i ld ing or bui ld ings , or by repai r ing , rebui lding, en la rg ing , or improv ing any house or houses, bu i ld ing or bui ld ings wh ich are now or may hereaf ter be s t and ing on the lands thereby leased, or by other­ wise expend ing in improvements such moneys as shal l be deemed by t h e said t rus tees adequa te to t h e interest to be par ted wi th for a n y t e r m of years not exceeding n ine ty -n ine years, to t ake effect in possession or wi th in one year from the date of t he said deed so as the re be reserved in every lease m a d e under this power the best or most improved year ly r e n t t ha t can be reasonably obtained, h a v i n g regard to t he n a t u r e of t h e covenants entered into by the lessee wi thout any fine, p r e m i u m , or foregift or o ther p a y m e n t of a l ike na tu r e for t h e m a k i n g thereof, and so t ha t there be conta ined in every such lease a condit ion for re -ent ry by t h e said t rus tees for nonpaymen t of ren t or nonobservance or nonperformance of the covenants or any of t h e m there in contained wi th in a reasonable t ime to be there in specified;

and so t h a t t h e lessee do execu te a coun te r pa r t of such lease a n d do

thereby covenant for p a y m e n t of t he ren t the reby reserved, and to insure agains t fire any house or houses, bu i ld ing or bui ldings, erected or to be erected on the land thereby leased and be not by any express words there in m a d e dispunishable for waste : Provided t h a t in case any lease made or g ran ted unde r th is power shall be made on the sur render of a former lease or ag reement for a lease t he value of t he lessees' interest unde r such surrendered lease or ag reement may be t a k e n in to accoun t in fixing t h e t e rms of the nex t lease, and no lease made u n d e r such c i rcumstances shal l by reason of such al lowance be considered as m a d e otherwise t h a n at t he best or most improved year ly

r e n t w i th in t h e mean ing of th is Act .

3. The powers conferred by the said will on the said t rus tees

for the g ran t ing of occupat ion leases m a y be exercised by the g ran t ing

of leases for any t e rm not exceeding twen ty years.

4. I t shall be lawful for the said t rus tees from t ime to t i m e to m a k e or consent to a l terat ions in t he t e rms of any such lease by w a y of addit ion, explanat ion, or otherwise, and also wholly or par t ia l ly to release from any such lease any person or persons bound thereby, and also to vary or depar t from the t e rms of any such lease wi th t he consent of t he other par ty or part ies there to b u t so t h a t every such lease be conformable to t he provisions of t he aforesaid powers.

5. The said t rustees shall s tand possessed of t he r en t s and profits of any lands leased by t h e m under the provisions of section two of th i s A c t u p o n the same t rus t s as a rc by the said wil l of t he said J o h n Br ight , deceased, declared of and concern ing the r en t s a n d

profits

profits of the lands which shall be so leased, or upon such of the said t rus t s as shall be subsist ing : Provided a lways tha t it shall be lawful for the said t rustees in the first place to pay and retain out of the rents and profits of t he said lands, or a n y par t thereof, which may be leased u n d e r t he powers hereinbefore conferred, t he costs of and incidental to the passing of this Act.

6. The said t rus tees may appropr ia te , dedicate, lay out, or set apa r t any part of the said lands respectively as and for roads, s treets or ways, sewers, drains, or other such places or easements for the use of the publ ic , or for the use of any house or houses, bui ld ing or bui ldings erected or to be erected upon any of t he said lands, or the t enan t s or occupiers thereof wi thout receiving' any consideration therefor ; and the said t rus tees may allow, authorise , or m a k e general ly any such a r r angemen t s and dispositions of any par ts of the said lands,

respectively, as t he said t rus tees may deem expedient for t he purpose

of advanc ing the l e t t ing of t he said lands or p romot ing a n y bui ld ing
operat ions or o ther improvements thereon.

7. The said t rus tees shall no t exercise any power hereinbefore conferred upon t h e m without hav ing first obained the wr i t t en approval and consent there to of t h e Pres ident for the t ime be ing of t h e N e w South

Wales	Conference of the Aus t ra las ian Wes leyan Methodis t C h u r c h .
8. This A c t m a y be cited for all purposes as " B r i g h t ' s Es t a t e

Leas ing Act , 1899 . "

S C H E D U L E .

All t h a t piece of land s i tua te in the town of Wol longong , in the Colony of New

South W a l e s , conta in ing half an acre or thereabouts , being a l lo tment n u m b e r one of

section n u m b e r four on a plan of the said township ; bounded on the n o r t h by Marke t -

s t reet , commencing at t he west side of the church land in M a r k e t - s t r e e t ; thence by a line west two chains or thereabouts to number two a l l o t m e n t ; thence by a line south along a l lo tment number two two chains and one half to number four a l lo tmen t ; thence by a line east two chains or thereabouts to the church l a n d ; thence by a l ine no r th two

chains and a half to the commencing corner in

Marke t - s t ree t .

Also all that piece or parcel of land si tuated in the town of Wollongong, in the dis t r ic t of I l lawarra , in the C o l o n y of New South Wales , conta ining half an acre or thereabouts , being a l lo tment n u m b e r two of section four on the plan of the said township ; bounded on t h e south by a l lo tments th ree and four, toge ther two chains ; on the west by Keira-s trcet , two and a half c h a i n s ; on the nor th by Marke t - s t r ee t , two c h a i n s ; and on the east by number one a l lo tment two and a half chains.

An d also all t h a t parcel of land, being por t ion of a l lo tment number th ree of section four on the plan of the said township, conta ining half an acre or t h e r e a b o u t s ; bounded on the west by Keira-street , commencing a t the south-west corner of a l lo tment n u m b e r two, being a line r u n n i n g south four cha ins ; thence by a l ine r u n n i n g east one

c h a i n ; thence by a l ine no r th four chains to number two a l l o t m e n t ; thence by a line

west one chain, to the point of commencement .

Also all t h a t parcel of land, pa r t of t h r ee hundred acres of land, s i tuate in Crown-
st reet , in W o l l o n g o n g aforesaid, conta ining one acre and a. half an acre, be the same

more or less, be ing a l lo tments numbered four, live, and six of section four : Commencing

a t t he distance of one chain from the junc t ion of Kei ra-s t ree t and Crown-s t ree t : and

bounded

bounded on the south by Crown-s t ree t t h r ee chains ; on t he east by n u m b e r seven

a l lo tment five chains ; on t h e n o r t h by n u m b e r one and p a r t of n u m b e r two a l lo tments th ree chains ; and on the west by number th ree a l lo tment five chains, to the commencing

poin t in Crown-s t ree t aforesaid.

Also all tha t parcel of land, being the no r the rn half of a l lo tment n u m b e r seven of section n u m b e r four on the p lan of t he township of Wol longong, conta ining one quar t e r of an acre or the reabouts ; bounded on the n o r t h by a reserved open space known as " Church-square ;" on the south by the sou thern por t ion of a l lo tment seven ; on t he east by the a l lo tment number e i g h t ; and on the west by a l lo tment number six of

said section n u m b e r four.

Also all t ha t piece or parcel of land s i tuated in the town of Wol longong afore­ said, being the sou the rn moiety of a l lo tment number seven of section n u m b e r four : Commencing a t the south-eas t corner of t he late J o h n Osborne ' s p r o p e r t y ; and bounded on the west by such proper ty , being a line bear ing nor ther ly two and a half chains to t he no r the rn moiety of said lot seven ; on t he n o r t h by said no r the rn moiety of said lot seven, being a line bear ing easter ly one chain to land forming por t ion of a l lo tment n u m b e r eight of section n u m b e r f o u r ; on the east by such land, being a lino bear ing souther ly two and a half chains to Crown-s t r ee t ; and on the south by Crown-s t reet , being a line bear ing westerly one chain, to the point of commencement .

Also all t h a t piece or parcel of land situate, in Crown-s t reet , in the town of Wol longong aforesaid, being par t of the southern moiety of a l lo tment n u m b e r seven of section number four : Commencing at the south-east corner of t he late J o h n Osborne 's p roper ty ; and bounded on the west by the said las t -ment ioned land, be ing a l ine bear ing nor ther ly one h u n d r e d and twen ty feet to the nor th-eas t corner of the last-mentioned land ; on the nor th by the o the r par t of said lot seven, being a line bear ing eas ter ly eleven feet th ree inches to o ther land of the late J o h n B r i g h t ; on t he eas t by the land of t he la te J o h n Br ight , be ing a l ine bear ing souther ly one h u n d r e d and twen ty feet to Crown-s t ree t ; and on the south by Crown-s t ree t , be ing a line bear ing wester ly eleven feet th ree inches, to t he commencing point .

Also all t ha t parcel of land being the nor the rn half of a l lo tment number e ight of
said section n u m b e r four, conta in ing one q u a r t e r of an acre or the reabou ts ; bounded

on the nor th by said open reserved s p a c e ; on t he south by the sou thern por t ion of

a l lo tment e i g h t ; on the east by the a l lo tment number n ine of said section.

Also all tha t parcel of land, being the no r the rn half of a l lotment number nine of said section number four, conta in ing one quar t e r of an acre or the reabou ts ; bounded on the nor th by said open reserved s p a c e ; on t he south by the southern por t ion of a l lo tment n ine ; on t h e east by the a l lo tment number t en ; and on the west by t he

a l lo tment las t ly before described.

Also all t ha t piece or parcel of land, being por t ions of a l lo tments eight and nine
of section number four on the plan of the said township of Wol longong : Commencing in

Crown-s t ree t a t a point d i s tan t e ighty-eight feet west from the nor th -wes t corner of

st reet being a line bea r ing west one hundred and five feet to por t ion of lot seven of Church-s t ree t a t its junc t ion with C r o w n - s t r e e t ; and bounded on the south by Crown-

section four ; on t he west by pa r t of the las t -ment ioned land, being a line bear ing nor th
one hundred and sixty-five f e e t ; on the nor th by the remaining port ions of t he said a l lo tments eight and nine of section four, being a line bearing east one hundred and five feet to the Presby te r ian Church land ; and on the east by the las t -ment ioned land, being a l ine bear ing south one hundred and sixty-five feet, to the commencing point , be the said boundaries more or less.

Also all t ha t parcel of land, being the no r the rnmos t half pa r t of a l lo tment number

ten of said sect ion number four, conta ining one quar te r of an acre or the reabou ts ; bounded on the nor th by the said open reserved space ; on t he south by the remainder of said a l lo tmen t number t e n ; on the east by Church-s t ree t leading from Crown-s t ree t towards the Church-square (and which separates section th ree from section four) ; and on the west by pa r t of the al lotment n u m b e r nine before described.

A n