Crisp's Enabling Act of 1887 No cea (NSW)

An Act to empower the administratrix and administrators of the estate of the late Amos Crisp the elder to manage and carry on the station properties of the said Amos Crisp the elder deceased with power to purchase and improve lands and pur­ chase stock and for such purposes to borrow money by mortgage of such lands and stock and all other the lands and stock of and belonging to the said estate such powers to be exercised until the coming of age of the youngest child of the said Amos Crisp the elder deceased. [18th May, 1887.]

WH E R E A S grazier deceased died on or abou t t h e four th day of J u l y one thousand

Amos Crisp t he elder la te of J i m e n b u e n nea r Cooma

in t h e dis t r ic t of Monaro in t he Colony of N e w South W a l e s

e igh t h u n d r e d a n d e ighty-one in tes ta te be ing seised of cer ta in l ands

s i tuated in Cooma aforesaid a n d cer ta in freehold a n d condit ional ly pu r ­

chased lands s i tua ted on t h e J i m e n b u e n a n d I ronmong ie s ta t ions or r u n s in t he distr ict of Monaro aforesaid a n d possessed of t h e said s tat ions or r u n s called J i m e n b u e n and I ronmong ie Minor as pas tora l t e n a n t of t h e Crown and of t h e stock depas tu r ing the reon and leaving h im surviv ing his widow El izabe th Crisp and his chi ldren A m o s Crisp and J o h n Crisp E l izabe th A n n Woodhouse t h e wife of Charles Woodhousc F r a n c e s M a r y

Crawford t he wife of Robe r t Crawford Sarah M a r i a O ' H a r e widow El iza

J a n e Crisp W i l l i a m Crisp David Crisp E d w a r d Crisp Char les Crisp George Crisp a n d Grace Susan Crisp be ing t h e only persons ent i t led to share in t he d is t r ibut ion of his es ta te A n d whereas le t ters of adminis­ t ra t ion of t h e l ands es ta te a n d effects of t h e said A m o s Crisp t h e elder deceased were on the first day of November one thousand e ight h u n d r e d and e igh ty - two g ran ted by t h e Sup reme Cour t of N e w South W a l e s in

South Wales in its ecclesiastical jur i sd ic t ion ordered t h a t t h e said E l i zabe th Crisp Amos Crisp a n d J o h n Crisp should have full power to sell and convey the real es ta te of t he said Amos Crisp t he elder deceased	a n d
i ts ecclesiastical jur i sd ic t ion	to t he said E l izabe th Crisp Amos Crisp	a n d

J o h n Crisp t h e widow and two eldest sons of t h e said deceased A n d whereas a t t h e t i m e of his dea th t he said Amos Crisp t h e elder deceased was indebted to t h e Commerc ia l B a n k i n g Company of Sydney in t h e s u m

of n ine thousand n ine h u n d r e d a n d t h i r t y pounds one shi l l ing and

twopence secured b y mor tgages over ce r ta in of h is l ands s ta t ions

a n d stock A n d whereas t h e said El iza J a n e Crisp deceased died

on or abou t t h e twen t i e th day of M a r c h one thousand e igh t h u n d r e d

a n d e ighty-four in tes ta te a n d w i t h o u t h a v i n g mar r i ed A n d whereas t h e said Grace Susan Crisp t h e younges t chi ld of t h e said A m o s Crisp deceased will no t a t t a i n t h e age of twen ty -one years u n t i l t h e t w e n t i e t h day of December one thousand e igh t h u n d r e d and n ine ty - th ree A n d whereas on the e igh teen th day of December one thousand e ight hund red and eighty-four on t h e appl ica t ion of t he said E l i zabe th Crisp

A m o s Crisp and J o h n Crisp i t was b y t h e Supreme Cour t of N e w

and give receipts for t he purchase moneys thereof	A n d whereas
p u r s u a n t to such order cer ta in lands in Cooma aforesaid were sold	and

conveyed and t h e said indebtedness to t h e said Commercial B a n k i n g Company of Sydney the reby a n d by o ther means reduced and the said debt now s tands reduced to four thousand two h u n d r e d a n d forty-five pounds seven shill ings and s ixpence A n d whereas owing to t he la te d rough t s and consequent depreciat ion of s tock and wool t h e income from t h e said s ta t ion proper ty of the said Amos Crisp t he elder deceased has not been sufficient to pay off t he said debt and to proper ly car ry on t h e said runs A n d whereas from the l ike causes and from t h e fact t h a t a largo por t ion of t h e runs aforesaid was and is unsecured it is impossible at the present t ime to sell t he said proper ty for a price fairly represen t ing t he va lue thereof A n d whereas t he said

admin i s t r a t r ix and adminis t ra tors have no power wi thou t t h e au tho r i t y

of P a r l i a m e n t to m a n a g e and car ry on the said s tat ions and no power

to borrow moneys for such purpose A n d whereas i t is expedient a n d

to t he advan tage of all persons in teres ted in t he said es ta te t h a t t h e

debt still r ema in ing due and owing to t he said Commercia l B a n k i n g Company of Sydney should be paid off a n d the admin is t ra t r ix a n d adminis t ra tors empowered to m a n a g e and carry on the said stat ions a n d for such purpose to borrow moneys on the securi ty of t he lands and stock of t he said es ta te a n d to purchase and improve lands and to pu rchase stock Be i t 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 t h e Legislat ive

Counci l 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 t h e au thor i ty of t he same as follows :—
1. The words t he said adminis t ra tors whenever hereinafter used shall ex tend to and include not only t h e said E l izabe th Crisp Amos Crisp and J o h n Crisp b u t t he survivors and survivor of t h e m and any admin is t ra to r do bonis non of t h e said es ta te lands goods cha t te l s credits and effects of t he said Amos Crisp t he elder deceased who m a y hereafter be appointed by the Supreme Court of N e w South W a l e s

in i ts ecclesiastical jur isdict ion.

2. I t shall be lawful for t h e said adminis t ra tors from t ime to t i m e to m a n a g e conduc t and car ry on t h e business of t he la te Amos Crisp the elder deceased as a sheep and cat t le farmer and grazier in connect ion w i t h t he stat ions or runs ment ioned in t he Schedule hereto and to purchase sheep ca t t le and horses therefor and sell t h e same in t h e usua l course of s ta t ion business and to purchase and improve lands on t h e said runs and pay the in teres t on t h e balances due to t h e G o v e r n m e n t for t he purchases of lands already or to be hereafter

purchased on such runs in t h e same m a n n e r in all respects as if they were the sole beneficial owners of t he said stations wi thou t be ing liable for a n y losses ar is ing otherwise t h a n from the i r wilful neglect and default and also from t ime to t ime for t h e purpose of raising any s u m or sums of money wh ich in the i r opinion it m a y be necessary or desir­ able to borrow e i ther for t h e purposes of such m a n a g e m e n t as aforesaid or for t he purpose of pay ing the debts of t he said Amos Crisp t he elder deceased to e x e c u t e a n y mor tgage or mor tgages in fecover all or a n y of t he lands purchased or conditionally purchased by the said Amos Crisp t h e elder deceased on the said s tat ions and runs described in t h e Schedule here to or purchased the reon by the said adminis t ra tors unde r t h e powers for t h a t purpose herein contained a n d to execu te and give securi ty over t h e leasehold lands sheep cat t le and horses now depas tur ing or hereafter to be depas tured on the said s tat ions or r u n s or ei ther of t h e m wi th power of sale and al l o ther usua l powers provisions and covenants and to give in favour of t h e person or persons body or bodies corporate advanc ing moneys on such securi ty as aforesaid preferable l iens in each year over t h e wool to be shorn from t h e sheep from t i m e

to

to t ime depas tu r ing on t h e said s tat ions or r u n s or e i ther of t h e m Provided t h a t no person or persons body or bodies corporate w h o shal l advance moneys upon t h e securi ty of a n y m o r t g a g e or o ther

securi ty p u r p o r t i n g to be m a d e u n d e r t h e powers he reby given

shal l be bound to enqu i r e as to t h e necessity advisabi l i ty or propr ie ty of t he ra is ing of such moneys or as to t he appl ica t ion of such moneys w h e n advanced and t h e receipt of t h e said admin is t ra to rs for a n y moneys so advanced shal l effectually discharge t h e person or persons body or bodies corporate advanc ing t h e same from a n y l iabil i ty in

respect of the mis-appl icat ion or non-appl ica t ion thereof.

3. The powers conferred u p o n the admin is t ra to rs b y this A c t

shal l cease and de te rmine on t h e t w e n t i e t h day of December one

thousand e ight h u n d r e d and n ine ty - th ree .

4. This A c t m a y be cited as " Crisp's E n a b l i n g A c t of 1887 ."

THE SCHEDULE.

All that station or run called or known by the name of Jimenbuen situate lying and being in the district of Monaro in the Colony of New South Wales.

Also all that station or run called or known by the name of Ironmongie Minor

situate lying and being in the district of Monaro in the Colony of New South Wales.