An Act to enable S tephen Jos iah Bryen or his representa t ives to g r a n t leases for any t e r m not exceeding fifty years from the pass ing of th i s Act of cer ta in por t ions of t he real es ta te devised by the will of J o h n Bryen formerly of Abercrombie-s t reet in the city of Sydney and Colony of N e w South Wales and for other purposes in t he said Act to be ment ioned [31st October, 1884.]
| WH E R E A S J o h n Bryen la te of Sydney in the Colony of N e w | South Wales hr ickraaker du ly made and executed his last wil l |
| and t e s t amen t dated t he e igh teen th day of October in t he year | one |
| thousand e ight h u n d r e d a n d fifty-eight and the reby | appointed | Alfred |
| Neale t h e n of | Pa r ramat t a - s t r ec t | Sydney | corn-chandler now of | Sydney |
aforesaid out of business Joseph R i c h a r d Clayton in t h e said wil l called Joseph J . Clayton t h e n clerk to the City Corporat ion after wards t reasurer to t h e Mun ic ipa l Counci l of Sydney and Thomas McGruirc freeholder the executors and t rus tees of his said will a n d t h e said tes ta tor gave devised and bequea thed all his rea l and personal es ta te of every k ind a n d descript ion whatsoever and wheresoever s i tua te and whe the r in possession reversion remainder or expec tancy u n t o t he said Trustees to hold t he same wi th all and every t h e r igh t s member s and appur t enances u n t o t h e said Trus tees the i r hei rs executors adminis t ra tors and assigns according to t he n a t u r e a n d qua l i ty thereof as to such par t s thereof respectively as should be vested in t h e said t es ta to r as a Trus tee or mor tgagee u p o n t h e t rus t s a n d subject to t h e equit ies of redempt ion the same respect ively should be subject t o a t t h e t ime of his decease and as to all such par t s of h is said real and personal estate as should be vested in h i m beneficially to t h e uses u p o n the t rus t s and subject to t h e several powers provisoes
| and condit ions there inaf ter | contained concern ing t h e same a n d t h e said |
| tes ta tor declared t h a t all ren ts a n d proceeds of his real and | leasehold |
| estates a n d all t he t r u s t moneys stocks funds and securit ies | aforesaid |
| should form an aggrega te fund to be held upon t h e t rus t s | fol lowing |
| name ly upon t rus t in t h e first | place out of | t h e said ren t s | a n d | a n n u a l |
| produce to pay to t he wife of | t h e said tes ta tor an a l lowance or a n n u i t y |
| A n d to app ly a sufficent | por t ion of t h e | res idue of t h e said r en t s | and |
| a n n u a l | produce | towards | t h e | m a i n t e n a n c e | c lo th ing | suppor t | a n d | educa |
| t ion | of | his son t h e said S tephen | Jos iah | B r y e n u n t i l he | should | a t t a in |
t h e age of twenty-f ive years a n d u p o n fur ther t r u s t to invest in t h e names of t he Trus tees of his said will t h e surplus wh ich after satisfying the said a n n u i t y and provid ing for t h e ma in tenance c lo th ing suppor t a n d educat ion of t h e said S tephen Jos iah Bryen as aforesaid and of all expenses inc ident to t he execut ion of t h e t rus t s the reby created should from t i m e to t ime r ema in in thei r hands of t he said ren t s and year ly p roduce i n or upon such stocks funds or securi t ies as were specified in t he direct ion for inves tment thereinbefore conta ined w i t h t he same power of t ransposi t ion as accompanied such directions and by similar inves tments to accumula t e a t compound in te res t t h e
| income of t h e said aggrega te funds u n t i l t h e said S tephen Josiah | Bryen |
| should a t t a in t h e age of twenty-f ive years and his assigns du r ing | his |
life w i t h o u t as to his said real es ta te i m p e a c h m e n t of waste and immedia te ly after his dea th in t r u s t for t he first and every o ther son successively according to seniori ty of b i r th of t h e said S tephen Jos iah B r y e n and the heirs male of t he body of each such son and fail ing such issue in t r u s t for t h e daughte rs of his said son equal ly as t enan t s in common and the heirs of the i r respective bodies wi th t rus t l imi ta t ions in t he n a t u r e of cross remainders be tween such daughte rs and the heirs of the i r respective bodies as to both the original and accru ing shares a n d fai l ing such issue upon t rus t for t he r i g h t heirs of tes ta tor for ever and the said tes ta tor b y his said will directed t h a t t h e Trus tees or Trus tee of t h e said will of t h e said tes tator were to g r a n t leases of t h e said devised estates or any par t thereof for a t e r m or t e rms no t exceeding seven years in possession a t t h e best r en t or r en t s to be incident to t h e immedia te reversion wi thout t a k i n g any fine or p r e m i u m A n d
| whereas t h e said wife of t h e said J o h n B r y e n | the tes ta tor | died in | t h e |
lifetime of t he said tes ta tor A n d whereas t he said tes ta tor died on or abou t t he th i rd day of J u n e in t h e year one thousand e ight hund red and seventy-seven leaving bis son t h e said S tephen Jos iah Bryen h i m surv iv ing A n d whereas the said Stephen Jos iah Bryen h a d at ta ined t h e age of twenty-five years in t h e l ifetime of t he said J o h n B r y e n A n d whereas by deed poll or disclaimer dated t he n ine t een th day of J u n o in t h e year one thousand e ight h u n d r e d and seventy-seven the said Thomas M c G u i r e absolutely disclaimed and renounced all t he real and personal estate and effects whatsoever given devised or bequea thed by t h e said reci ted will and also t h e respective offices of Trus tee and executor of t h e said will and all t rus t s powers and author i t ies b y t h e said will expressed to be reposed in or given to t h e m t h e said Alfred Noalc Joseph Richard Clayton and Thomas M c G u i r e the i r heirs executors adminis t ra tors and assigns and all r igh t s and privileges be longing or annexed to t he same or in anywise re la t ing there to And whereas p roba te of t he said will was g ran ted by the Supreme Cour t of N e w South Wales in i ts Ecclesiast ical Jur i sd ic t ion to t he said Alfred Neale and Joseph R i c h a r d Clayton on t h e fifth day of J u l y in t h e year one thousand e ight hundred a n d seventy-seven A n d whereas some par ts of t h e real es ta te devised by the said tes ta tor consists of lands un improved or on ly par t ly improved pa r t s whereof are described in t h e Schedule here to a n d the income from such of these lands as produce any income is inadequa te according to t he capi ta l va lue of t he said lands A n d whereas several of t h e said several pieces or parcels of land and
| he red i t ament s described in the Schedule here to are of considerable |
area and the same are pectil iarly adap ted for bu i ld ing purposes a n d the same would become of considerably grea te r va lue t h a n the same are now in t he event of such leases be ing g ran ted for t e rms of years and the income therefrom would be the reby largely increased and i t would be for t he benefit of t h e several persons in teres ted u n d e r t he said will of t h e said tes ta tor in t he said several lands and he red i t aments thai, leases thereof should be g ran ted or m a d e for longer t e rms than seven years Be it therefore enac ted by t h e Queen ' s M o s t Exce l l en t Majes ty by and wi th t h e advice and consent of t h e Legislat ive Assembly of N e w Sou th Wales in P a r l i a m e n t assembled and by t h e au thor i ty of t h e same as follows :—
| 1. The following expressions a n d words in th is A c t shall have t h e m e a n i n g hereby assigned to t h e m unless the re be someth ing | ei ther |
in t h e con tex t or subject r e p u g n a n t to such construct ion The words " t h e said Trus tees " shal l m e a n t h e Trus tees or Trus tee howsoever appointed ac t ing for t he t ime be ing in t h e execut ion of t h e t rus t s of t he said wil l of t h e said tes ta tor J o h n B r y e n The expression " t h e said lands " used hereinaf ter shall m e a n the several pieces or
parcels
parcels of land described in t h e Schedule here to A n d any land t h a t t h e said tes ta tor was seised possessed of or ent i t led to which is n o t bu i l t upon or substant ia l ly improved and any land t h a t m a y be
| acquired by v i r tue of t h e powers in th is A c t | contained. |
2. I t shall be lawful for t he said Stephen Josiah Bryen du r ing his life and after his dea th for t h e said executors or adminis t ra tors of t h e said S tephen Jos iah Bryen to execute g r a n t or m a k e leases for a n y t e r m n o t exceeding fifty years from the passing of th i s A c t of e i ther t h e whole or a n y par t or pa r t s of the said lands to any person or persons associations companies or corporat ions such leases to conta in such cove nan t s declarat ions powers and provisions as t h e lessor or lessors for t h e t i m e be ing g ran t ing or m a k i n g such leases and also a covenant to im prove t h e lands so leased by erect ing and bui ld ing thereon any house or houses bu i ld ing or bui ld ings or to repair any houses or bu i ld ings which shal l hereafter be s t and ing the reon or by otherwise improv ing t h e lands so leased by the expend i tu re of such sums of money as shall by t he said Stephen Jos iah Bryen his executors admin is t ra to rs or assigns
| so g r a n t i n g | or m a k i n g any such lease be deemed adequa te or | reasonable |
for a n y t e r m of years no t exceeding fifty years from t h e da te of t h e pass ing of th i s A c t such lease or leases to t a k e effect in possession and not in reversion or by way of fu tu re interest so as the re be reserved in every such lease a year ly ren t to be incident to t h e immed ia t e
| reversion | t h a t | can | be reasonably | obta ined | w i t h o u t | t a k i n g | a n y t h i n g | in |
t h e n a t u r e of a fine or p r e m i u m for t he m a k i n g thereof and so t h a t t he r e be contained in every such lease a condi t ion of re -en t ry for non p a y m e n t of r en t w i th in a reasonable t ime to be there in specified or on non-observance or non-per formance of covenants by t h e lessee and so t h a t t h e lessee do execute a counte rpar t thereof and do the reby covenant for paymen t of t he r e n t thereby reserved and be no t by any express words there in made dispunishable for waste .
3 . The said S tephen Jos iah Bryen his executors or adminis t ra tors m a y m a k e exchanges of any of t he said lands or any p a r t thereof for o the r lands adjacent to any of t h e said lands for t he purpose of a l te r ing t he boundar ies of any of the said lands or for fo rming lay ing out or m a k i n g roads s t reets or ways adjacent to over or u p o n or for egress or regress from any of t h e said lands wi th power to t h e said S tephen Jos iah Bryen his executors or adminis t ra tors to give or accept any s u m or sums of money for equa l i ty of exchange a n d the reupon al l necessary ac ts assurances deeds m a t t e r s or t h i n g s m a y be done executed or made by the said S tephen Jos iah B r y e n
his executors or adminis t ra tors as shall be proper for effecting a n y
such sale or exchange .
4. The said S tephen Jos iah Bryen his executors or adminis t ra tors may appropr ia te dedicate lay out or set apa r t any pa r t of t h e said lands respectively as a n d for roads streets or ways sewers drains or o ther such places or easements for t he use of t he publ ic or for t he use of any messuages or o ther bui ldings to be erected upon a n y of t he
| said lands | or t h e t enan t s or occupiers | thereof w i t h o u t receiving | a n y |
considerat ion therefor and m a y allow author ize or m a k e genera l ly any such a r r angemen t s or dispositions of any par t s of t he said lands respec t ive ly as t h e said S tephen Jos iah Bryen his executors or adminis t ra tors m a y deem expedient for the purpose of le t t ing the said lands or
| i nduc ing or p romot ing any bu i ld ing or other improvement s | thereon. |
5. The ren ts received from t h e said lands shal l be payable to t h e said S tephen Jos iah B r y e n du r ing his l ifet ime for his own use and benefit and after his dea th t h e ren t s payable u n d e r leases g ran ted b y t h e said S tephen Jos iah B r y e n shall du r ing the cu r r ency of such leases be payab le as m a y be provided by the wil l of the said S tephen Jos iah B r y e n and in t he event of t he said S tephen Jos iah Bryen dy ing
in tes ta te
in tes ta te t h e ren t s payable from such leases shal l be payable to the persons ent i t led to t h e es ta te of t he said S tephen Jos i ah B r y e n under
| t h e S ta tu tes of Dis t r ibut ions | and t h e r en t s | of leases to be | granted |
| after t h e dea th of t h e said S tephen | Jos iah Bryen shal l be payable to |
| t he | persons ent i t led to t he | said lands u n d e r t h e | said will of | t h e said |
| J o h n | B r y e n |
| 6. This A c t shall be k n o w n and m a y be cited or referred | to | |
| for all purposes as " B r y e n ' s | E s t a t e | Leas ing A c t of | 1884 ." |
| Land Count)/ of Cook Nepean | River. |
All t h a t piece or parce l of land s i tua te in t he county of Cook on the Nepean River Commencing a t the south-eas t corner of Thomas Hobbey ' s forty acres g ran t bounded on the no r th by a line hear ing west seventeen chains on the west by a l ine south th i r ty - two chains to a creek or deep gully on t h e south by t h a t creek to its junc t ion with
| t he N e p e a n River and on the | cast by t h a t r ive r being the land advert ised for sale as lot |
| n u m b e r three in t he adver t i sement dated seventeen th | September one thousand eight |
| hundred | and | th i r ty - th ree . |
| Lands fronting | Rarramatta | Road Fitzroy-street | and Wilson-street | Camperdown | Road |
| andMissenden | Road | Camperdown. |
All t h a t piece or parcel of land s i tuate and being a t Camperdown in tho parish of Pe te r sham in t he t e r r i to ry of N e w South W a l e s Commencing a t t he angle formed by 1 he P a r r a m a t t a Road and bounded on the west bv tho Camperdown Road being a line bear ing south th i r ty degrees east one hundred and two feet to t he nor th-wes t corner of lot t w e n t y on the south by pa r t of lot twen ty being a line bear ing east t h i r ty degrees n o r t h fifty feet to t h e nor th -wes t corner of lot e ighteen on the east by lot e ighteen being a line bear ing no r th th i r ty degrees west n inety-seven feet to the P a r r a m a t t a Road and on
| the n o r t h by tho | P a r r a m a t t a Road | being a l ino bear ing wester ly fifty feet to t he point |
| All | t h a t o the r piece or parcel | of land s i tua te lying and being | a t | Camperdown |
| aforesaid in t he said par ish and t e r r i to ry | Commencing a t t h e a n g l e formed by | Missenden |
Road and t h e P a r r a m a t t a Road and bounded on the n o r t h by tho P a r r a m a t t a Road being a line bear ing west twenty- four degrees thirty-five minu tes south forty-five feet on t he west by lots four and thirty-l ive being a l ine bear ing south t h i r t y degrees east one h u n d r e d and forty-five feet to Dowling-s t ree t on t h e south by Dowding-strect being a l ine bear ing east t h i r ty degrees n o r t h one h u n d r e d a n d two feet six inches to the Missenden Road and on t h e eas t by the Missenden R o a d being a line bea r ing west th i r ty -n ine degrees n o r t h one hundred and fifty-one feet e ight inches to the point of commencement .
| Land | fronting | Rarramatta | Road | Burwoo:1. |
| All t h a t o ther piece | or parcel of land | s i tua te lying and being in the dis t r ic t of |
| L ibe r ty P la ins in t he coun ty of Cumber land in t h e t e r r i t o ry aforesaid being pa r t of t h e es ta te called " Burwood " and formerly the p roper ty of t he la te Thomas Rowley being lot two as set for th in a p lan exhibi ted at a sale by auct ion of por t ions of the said | Burwood es ta te on the s ixth day of J u l y one thousand eight hundred and for ty bounded | on the no r th by the P a r r a m a t t a Road being a l ine bear ing eas t fifty feet one inch on |
| t h e east by a line south eight degrees west one hundred and fifty feet dividing i t from lot one purchased a t the said sale by Mr . H u g h e s on t h e south by a line bearing west fifty feet dividing it from lot ten purchased a t t he said sale by one J o h n George Red man and now t h e p rope r ty of t he said Wi l l i am T u r t o n ' s fifty feet and on the west by a |
| l ine bear ing n o r t h to t he | P a r r a m a t t a R o a d | aforesaid | one hundred | and | fifty | feet. | |
All t h a t piece or parcel of land s i tuate ly ing and being on the south side of t he S u r r y Hi l ls near Sydney aforesaid Commencing th ree hundred and th i r ty - two feet or t he r eabou t s west of t he south-east boundary of Joseph Andrew ' s fifteen and one-half acres purchase and bounded on t h e south by a G o v e r n m e n t Road one chain wide by a lino bear ing west one hundred a n d e ighty feet on the west by a l ine bear ing nor th one hundred and e ight feet on t he n o r t h by a line bear ing eas t one hundred and eighty feet and on the east by a line bear ing south one hundred and e ight feet to t he point of commencement .
Land at Burwood.
| Al l t h a t piece or parcel of land s i tuate ly ing and being a t | Burwood aforesaid in |
| the t e r r i to ry aforesaid | bounded on the south by a reserved road twen ty - four feet wide |
| communicat ing wi th Powell 's Creek two h u n d r e d feet on t he east | by a l ine south eight |
| degrees wes t one h u n d r e d and | fifty feet | on t he n o r t h | by lo ts one two th ree and four |
in t h e here inbefore ment ioned p lan of t h e land by which the same land was sold by auct ion be ing a l ine west two degrees t en minutes no r th two h u n d r e d feet and on tho
| west by lot n u m b e r seven on t h e said p lan one hundred and | forty-seven feet s is inches. |
All t h a t o ther piece or parce l of land s i tua te lying and being in t h e parish of P e t e r s h a m aforesaid in t he t e r r i to ry aforesaid being p a r t of t h e Camperdown E s t a t e Commencing a t t he south-west corner of lot t h i r ty - th ree on a plan thereof and bounded on the west by P i t z roy- s t r ee t be ing a l ine bear ing souther ly twen ty feet on t he south by lots thirty-five th i r ty - s i s th i r ty-seven and th i r ty-e ight on t he said plan being a l ine
| bear ing eas ter ly eighty feet on t h e cast by a l ine bear ing | no r the r ly t w e n t y feet | and | on |
| the no r th by lot t h i r t y - th r ee being a | line bea r ing wester ly | e ighty | feet to | t h e poin t | of |
commencement being lot n u m b e r th i r ty - four on a plan of tho said land.
| Al l t h a t o ther piece or parcel of land s i tua te l y ing and being a t | Camperdown |
| aforesaid in the par ish of Pe t e r sham aforesaid in t he said t e r r i to ry | Commencing | a t | t he |
| angle formed by P i t z roy-s t ree t and "Wilson-street and bounded on t h e | west by Pi tzroy- |
| s t ree t be ing a line bear ing no r the r ly seventy- three feet | on | t he no r th by p a r t of said lot |
| th i r ty - four | being a l ine bear ing eas ter ly twenty- fee t | on t he cast by lot th i r ty -s i s being a |
| l ine bear ing souther ly seventy-five feet and on the sou th | by Wi l son-s t ree t | being a line |
| bear ing | westerly t w e n t y feet to t he po in t of commencement being lot n u m b e r | thirty-fivo |