An Act to amend Brodie's Enabling Act, 1900.
[19th October, 1903.]
WH E R E A S , by an Act passed in the sixty-fourth year of the reign authorise the sale, mortgage, and leasing of certain lands and hereditaof Her late Majesty Queen Victoria, and intituled " An Act to
| ments settled by John Brodie and Ellen, his wife ; and for other purposes." After reciting (inter alia) as the facts were that certain lands and hereditaments described in the First Schedule to the said Act had been settled by the said John and Ellen Brodie, by two several indentures of the tenth day of February, one thousand eight hundred and seventy-five, and the twenty-first day of April , one thousand eight hundred and eighty, respectively, upon certain trusts therein set out in favour of Mary Gilroy, the wife of Peter Gilroy, and of any husband who should survive her, and of the children of the said Mary Gilroy, and in default of such children then in favour of Margare t Downes, the wife of Michael Downes, and that a certain portion of the said lands and hereditaments, comprising about two acres and four perches, described in the Second Schedule to the said Act, had been on or about the first day of November, one thousand eight hundred and eighty-seven, resumed by the Rai lway Commissioners, and the compensation money paid therefor had been expended in erecting two cottages on another certain portion of the said lands and heredita ments described in the Third Schedule to the said Act, which cottages | where |
were let to tenants whensoever possible, and when let produced
a gross annual income of about one hundred and twenty-four pounds,
and that the remaining unalienated portion of the said land was par t ly orchard land and part ly bush land, and was bringing in very l i t t le return and did not pay expenses, and that Wi l l i am Foster the trustee under the said indenture of the twenty-first day of April , one thousand eight hundred and eighty, and the said Peter and Mary Gilroy were unable to pay the land tax and water rates on the said land, and that, in the absence of any power of sale of the said land, no benefit could be obtained from the same for the said Mary Gilroy or her children, and that the said Peter and Mary Gilroy had nine children therein named, and were unable to provide properly for the education and advancement of the said children, and were therefore desirous to have power to dispose of the said land, and that the said Mary Gilroy should be free to dispose of the proceeds thereof in what manner she might think best for the benefit of herself and the said children, it was enacted that after the passing of the said Act it should be lawful for the said Mary Gilroy in her own name to sell and dispose of so much of the said land and hereditaments described in the First Schedule to the said Act as was not included in the portions described in the Second and Third Schedules thereto or any portion thereof in manner therein provided, and it was thereby further enacted that the said Mary Gilroy, her executors, and administrators, should stand possessed of a l l moneys arising from any such sale or sales as aforesaid, upon trust to apply the same in whatever manner she should think best for the maintenance of herself and family, and for the education and advancement in life of her said children : And whereas powers to mortgage and lease the said lands were inadvertently omitted from the said A c t : And whereas one portion of the said land has been sold, but it has been found impracticable at the present time to effect advantageous sales of the rest of the said lands and hereditaments or any portion thereof: And whereas, owing to the absence of such
| or her children, and are still unable to properly provide for the | powers of mortgaging and leasing, the said Peter and Mary Gilroy can still obtain no benefit from the said land for the said Mary Gilroy |
| education and advancement of the said children, and are desirous |
| that the said Act should be amended by giving to the said Mary |
| Gilroy such powers to mortgage and lease the said lands and heredita ments as it was originally intended to give her by the said A c t : And whereas the said Peter and Mary Gilroy are also desirous that the powers given to the said Mary Gilroy by Brodie's Enabling Act, 1900, and by this Act should, after her death, be exercisable by the trustee or trustees for the time b e i n g of the said indenture of the twenty- first day of April, one thousand eight hundred and eighty : And whereas the said John Brodie, Ellen Brodie, W i l l i a m Foster and |
Margaret Dowries, and Eleanor Theresa Gilroy (the only child of the said Peter and Mary Gilroy, now over the age of twenty-one years ) , are satisfied that such course would he for the host interests of a l l persons concerned, and desire that it should he carried out, and consent thereto : And whereas since the passing of the said Act the portion of the said lands and hereditaments which the said Mary Gilroy was thereby authorised to sell (with the exception of the portion already sold as hereinbefore mentioned) has been brought under the provisions of the I leal Property Act, 1900, and is more part icularly described in the First Schedule hereto : And whereas the portion of the said lands described in the Third Schedule to the said Act is described in the Second Schedule hereto : Be it therefore enacted by the King 's Most Excellent Majesty, by and with the advice and consent of the Legis lat ive Council and Legislat ive Assembly of New South Wales in Parl iament assembled, and by the authority of the same, as fol lows:—
| 1. After the passing of this Act, it shall be lawful for the said Mary Gilroy in her lifetime, and after her death for the trustee or trustees for the t ime being of the said indenture of the twenty-first day of April, one thousand eight hundred and eighty, notwithstanding the provisions of the said indentures, for the purpose of raising such sum or sums of money as in her, his, or their own free and uncontrolled discretion she, he, or they may think fit from time to time to execute any mortgage of the lands and hereditaments mentioned and described in the First Schedule hereto, or of any part or parts thereof, with power of sale and al l other usual powers, provisions, and covenants, and to enter into, execute, and do all such arrangements, assurances, and things as shall be necessary or expedient for the purpose of effectuating such mor tgage : Provided that no person who shall advance money upon the security of any mortgage purporting to be made under the power hereby given shall he bound or concerned to impure as to the advisabili ty or propriety or necessity of the raising of such money, or as to the application of such money when raised and advanced, nor shall any such person be affected by express or con | structive notice to the contrary; and the receipt of the said Mary | Gilroy or of the said trustee or trustees, as the ease may be, for the |
| moneys so advanced shall elfectually discharge the person advancing the same from any l iabil i ty in respect of the misapplication or non- application thereof. |
| 2. After the passing of this Act, it shall be lawful for the said Mary Gilroy during her lifetime, and after her death for the trustee or trustees for the time being of the said indenture of the twenty-first day of April , one thousand eight hundred and eighty, from time to t ime to demise and lease the lands and hereditaments mentioned and described in the First and Second Schedules hereto, or any part thereof, to any person or persons for any term of years not exceeding ten |
years,
years, to take effect in possession, at the host year ly rent that can he
reasonably obtained for the same without any fine, premium, or fore- gift, and also from time to time by deed to demise and lease the said lands and hereditaments, or any pari, thereof, to any person or persons who shall covenant to improve the same by repairing any building or buildings now standing or which shall hereafter be standing on any part of the land thereby leased, or by erecting or building any house or houses, building or buildings, on such land or any part or parts
thereof, or by otherwise expending in improvement such moneys as
shall be deemed by the said Mary Gilroy, or the said trustee or trustees, as the case may be, adequate to the interest to be parted with, but so that every lease under this last-mentioned power shall be for a term not exceeding thirty years, to take effect in possession or within one year from the date thereof, and shall be at such rent as the said Mary Gilroy, or the said trustee or trustees, as the case maybe , sha l l , having regard to the terms and conditions of such lease, think reasonable and proper ; so, however, that nothing be taken by way of fine, premium, or foregift, provided that every indenture of lease under the provisions of this section shall contain a covenant by the lessee to pay the rent thereby reserved, and for insurance against fire of any building erected or to be erected on the land thereby demised, and also a condition of re-entry on non-payment of rent within a time to be therein specified ; and so, also, that a counterpart of such lease be executed by the lessee; and provided, also, that any lessee paying any rent reserved by any such lease to the said Mary Gilroy, or to the said trustee or trustees, as the case m a y b e , shall not be bound to see to the application thereof, and shall be free from any l iabil i ty for the non-application or mis application of the same or of any part thereof.
3. The said Mary Gilroy,and the said trustee or trustees, shall in respect of a l l moneys advanced under any such mortgage or mortgages, and of all rent paid under any such lease or leases as aforesaid to her, him, or them respectively, stand possessed of the same upon trust to
| apply the same in whatever manner she, he, or they, as the case may | be, shall think best for the maintenance, education, and advancement |
| in life of the children of the said Mary Gilroy. |
| 4. The power of sale by section one of Brodie's Enabling Act, 1000, conferred upon the said Mary Gilroy shall , after her death, he exercisable by the trustee or trustees for the time being of the said indenture of the twenty-first day of April , one thousand nine hundred, and the said Act shrill be read as if it conferred upon such trustee or trustees after the death of the said Mary Gilroy exact ly the same powers over the said land described in the first Schedule hereto mutat is mutandis as the said Mary Gilroy has by virtue of the said Act during her lifetime, and such trustee or trustees shall stand possessed of al l moneys to arise from any sale or sales effectuated by them by virtue |
of
of this section upon trust to apply the same in whatever manner he or they may think best for the maintenance, education, and advancement in life of the children of the said Mary Gilroy.
5. This Act may be cited as " Brodie's Enabling Act Amendment Act, 1903," and this Act and Brodie's Enabling Act, 1900, shall be read together and construed as one Act.
SCHEDULES.
| F I R S T | S C H E D U L E . |
| T h a t | p i ece | of | l a n d | s i t u a t e d | a t | T u r r a m u r r a , | in | t h e | p a r i s h | of | C o r d o n , | a n d | c o u n t y |
| of | C u m b e r l a n d , | c o n t a i n i n g | f i f t e e n | a c r e s | t w o | r o o d s | t w e n t y - n i n e | p e r c h e s | o r | t h e r e a b o u t s | : |
| C o m m e n c i n g | on | t h e | n o r t h - e a s t e r n | s ide | of | G r e a t | E a s t e r n | R o a d | a t | t h e | s o u t h - w e s t e r n |
| c o r n e r of | l a n d | of | J . | B a t e m a n ; | a n d | b o u n d e d | t h e n c e | on | t h e | s o u t h - w e s t | b y | that | r o a d |
| b e a r i n g | n o r t h - w e s t e r l y | t w o | h u n d r e d | a n d | t h i r t y - n i n e f e e l | t w o | i n c h e s | t o | l a n d | of | J . B e n n e t t | ; |
| t h e n c e | b y | t h a t | l a n d , | b e i n g | f e n c e d | l i n e s | b e a r i n g | n o r t h e r l y | t w o | h u n d r e d | a n d | s i x t y - f o u r |
| f e e t | e l e v e n | a n d | o n e - q u a r t e r | i n c h e s , | w e s t e r l y | s i x t y | fee t , | a n d | s o u t h e r l y | t w o | h u n d r e d | a n d |
| n i n e | f e e t | e l e v e n | a n d | o n e - h a l f | i n c h e s | to | t h e | G r e a t | E a s t e r n | R o a d | a f o r e s a i d | ; | a g a i n | on | t h e |
| s o u t h - w e s t | a n d | on | t h e | w e s t | b y | t h a t | r o a d , | b e i n g | l i n e s | b e a r i n g | n o r t h - w e s t e r l y o n e | h u n d r e d |
| and | s i x t y - t w o | f e e t | n i n e | i n c h e s ; | a n d | a g a i n | n o r t h e r l y six | h u n d r e d | a n d | n i n e t y | f e e t | f o u r |
| a n d | t h r e e - e i g h t h s | i n c h e s | t o | o t h e r l a n d | of | t h e | sa id | M a r y | G i l r o y ; | t h e n c e | b y | t h a t | l a n d , |
| b e i n g | f enced | l i n e s | b e a r i n g | e a s t e r l y | o n e | h u n d r e d | a n d | e i g h t y - t h r e e | f e e t | o n e | a n d | o n e - q u a r t e r |
| i n c h e s ; | a g a i n | n o r t h e r l y t w o | h u n d r e d | a n d | f o u r | f e e t | o n e | inch | ; | a n d | aga in | w e s t e r l y | o n e |
| h u n d r e d | a n d | e i g h t y - t h r e e | f e e t | t h r e e | a n d | o n e - q u a r t e r | i n c h e s | to | t h e | G r e a t | E a s t e r n | R o a d |
| a f o r e s a i d ; | a g a i n | on | t h e | w e s t | b y | t h a t | r o a d , | b e i n g | l i n e s | h e a r i n g | n o r t h e r l y | t w o | h u n d r e d |
| a n d | f o r t y - s e v e n | f e e t , | t h r e e | h u n d r e d | a n d | f i f t y - s e v e n | f e e t , | a n d | t h r e e | h u n d r e d | a n d | fifty- |
| t h r e e | f e e t | f o u r | i n c h e s | t o | l a n d | of | S. | E d w a r d s ; | a g a i n | on | t h e | n o r t h | b y | t h a t | l a n d , | b e i n g | a |
| f e n c e d | l ine | b e a r i n g | e a s t e r l y | t h r e e | h u n d r e d | a n d | s i x t y - o n e | f e e t | t o | l a n d | of | J o h n | B r o d i e |
| a n d E l l e n | B r o d i e , a n d | on | t h e e a s t | b y | t h a t | l a n d , | l a n d | id' | E l l e n | B r o d i e , | l a n d | of | R. | S . |
| C a l l a g h a n | a n d | o t h e r s , | l a n d | of | H e n r y | Heeson | a n d | o t h e r s , a n d | l a n d | of | J. | B a t e m a n | a f o r e s a i d , |
| b e a r i n g | s o u t h e r l y , | in | a l l | t w o | t h o u s a n d | o n e | h u n d r e d | a n d | s i x t y - f i v e | f e e t | t h r e e | 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 , | b e i n g p a r t | of | l o t | f o u r | of | s e c t i o n | o n e | of | t h e | B i g | I s l a n d |
| E s t a t e , | a n d | a l so | p a r t | of | t w o | t h o u s a n d | a c r e s | ( d e l i n e a t e d | in | t h e | p u b l i c | m a p | of | t h e | sa id |
| p a r i s h | d e p o s i t e d | in | t h e | D e p a r t m e n t | of | L a n d s ) | o r i g i n a l l y | g r a n t e d | t o | J o h n | T e r r y | H u g h e s |
| b y | C r o w n | g r a n t , | d a t e d | t h e | e i g h t e e n t h | d a y | of | A u g u s t , | o n e | t h o u s a n d | e i g h t | h u n d r e d | a n d |
f o r t y - t w o .
| S E C O N D | S C H E D U L E . |
| A l l | t h a t | p i ece | o r | p a r c e l | of | l a n d , | c o n t a i n i n g | b y | a d m e a s u r e m e n t | t h r e e | r o o d s | a n d |
| s e v e n t e e n | a n d | a | h a l f | p e r c h e s | m o r e | o r | l e s s , | s i t u a t e | l y i n g | a n d | b e i n g | in | t h e | p a r i s h | of |
| G o r d o n , | c o u n t y | of | 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 | of | J o h n |
| T e r r y | H u g h e s ' g r a n t | of t w o | t h o u s a n d | a c r e s : | C o m m e n c i n g | on | t h e | e a s t e r n | s ide | of | t h e |
| G r e a t | E a s t e r n | R o a d | a t | a | p o i n t | b e a r i n g | n o r t h e r l y , | a n d | d i s t a n t | o n e | t h o u s a n d | a n d | f o r t y - |
| s ix | l i n k s f r o m a n | a n g l e | f o r m e d | b y | t h e | i n t e r s e c t i o n | of | a | n o r t h e r n | s ide | of | sa id | G r e a t |
| E a s t e r n | R o a d , | o p p o s i t e | T u r r a m u r r a | R a i l w a y | S t a t i o n | ; | a n d | b o u n d e d | t h e n c e | on | t h e | w e s t |
| b y | p a r t | of | t h e | e a s t e r n | s ide | of | t h e | G r e a t | E a s t e r n | R o a d | a f o r e s a i d , | b e i n g | a | f e n c e d | l i n e |
| b e a r i n g | n o r t h | t h r e e | h u n d r e d | a n d | n i n e | l i n k s | ; | t h e n c e | on | t h e | n o r t h | b y | a | f e n c e d | l i n e |
b e a r i n g
| b e a r i n g | n o r t h | e i g h t y - e i g h t | d e g r e e s | f i f t y - s e v e n | m i n u t e s | eas t | t w o | h u n d r e d | a n d | s e v e n t y - |
| e i g h t | a n d | s e v e n - t e n t h s | l i n k s ; | t h e n c e | o n | t h e | e a s t | b y | a | f e n c e d | l i n e | b e a r i n g | s o u t h | f ive |
| m i n u t e s | eas t | t h r e e | h u n d r e d | a n d | n i n e | a n d | one - f i f th | l i n k s ; | a n d | o n | t h e | s o u t h | b y | a | f e n c e d |
| l i n e | b e a r i n g | s o u t h | e i g h t y - e i g h t | d e g r e e s | f i f t y - n i n e | m i n u t e s | w e s t | t w o | h u n d r e d | a n d | s e v e n t y - |
| n i n e | a n d | o n e - f i f t h | l i n k s , | t o | t h e | p o i n t | of | c o m m e n c e m e n t , | be | t h e | said | s e v e r a l | b e a r i n g s | a n d |
| d i m e n s i o n s | a | l i t t l e | m o r e | o r | l e s s . |