An Act to enable the Trustees of the Will of
the late Henry Denton to grant building and improving Leases of certain lands devised by the said Will and to borrow money by mortgage of such lands for the purpose of budding upon and improving the same. [6th December, 1881.]
| WH E R E A S | one thousand e ight hund red and s ixty and thereby appointed J o h n |
| H e n r y | D e n t o n | la te | of | Sydney | gen t l eman | deceased |
| duly made | his last | will | dated | t he t w e n t y - n i n t h day of J u n e |
| Linsley and Thomas H i c k s Execu to r s and Trustees and also | declared |
t h a t H e n r y H i c k s son of the said Thomas H i c k s should be a Trus tee of his said will on a t t a in ing the age of twenty-one years and by his said will the tes ta tor gave and devised to his said Trustees and the i r heirs a cer ta in messuage and premises s i tuated a t t h e west side of Clarence-s t reet i n t h e ci ty of Sydney also two houses s i tuate in Ken t - s t r ee t a n d t h e house in Marke t - s t ree t in which t h e tes ta tor t h e n resided u p o n t rus t for t h e said H e n r y H i c k s du r ing his life and after his dea th to t he use for such child or chi ldren of t h e said H e n r y H i c k s as should be l iving a t his decease or who hav ing died should have left chi ldren h i m her or t h e m surviving and if more t h a n one in equal
| shares the i r heirs and assigns for ever as t enan t s in common | B u t if |
| the re should be no child of t h e said H e n r y Hicks who should | survive |
h i m or having died should have left issue h im her or t h e m surviving then t h e tes ta tor directed tha t t h e same should form par t of his res iduary es ta te A n d t h e tes ta tor also devised un to his said Trustees and the i r
| he i rs all t ha t | his messuage and premises s i tua ted a t t he north-west |
| corner of D r u i t t | and Clarence Streets upon | t rus t | for Isabel la | H i c k s |
d u r i n g her life and after her dea th in like m a n n e r and subject to l ike l imi ta t ions in favour of her child or chi ldren as in t h e proper ty devised to t he said H e n r y H i c k s A n d by his said will t h e tes ta tor empowered the t rus tees or t rus tee for the time be ing of his said will to le t any por t ion of his real estate from year to year or for any period not exceeding seven years for t h e best r en t t h a t could be obtained for t he same and also to repair insure agains t loss or damage by fire and adjus t compound and sett le all c laims wi th t enan t s to m a k e such allowances as they m i g h t deem necessary and general ly to m a n a g e his estate as they m i g h t deem mos t beneficial for t he in teres t thereof A n d whereas the said tes ta tor died on the twenty-first day of November one thousand e ight hund red and sixty w i t h o u t hav ing al tered or revoked his said will which was proved by t h e said J o h n Linsley and Thomas H i c k s on t he four teenth day of December one thousand
| e ight | h u n d r e d | and s ixty | A n d whereas | t h e said | Isabel la H i c k s | on |
| t h e t h i r t e e n t h | day of J u n e | one thousand | eight | h u n d r e d and seventy- |
| two in te rmar r ied wi th | and is now the wife of George Rober t Swyney |
| A n d whereas | t h e | said H e n r y H i c k s | and J o h n Linsley arc t h e present |
Trustees of t he said will A n d whereas t h e said H e n r y Hicks and Isabel la Swyney have chi ldren l iv ing all of whom arc infants unde r t h e age of twen ty -one years A n d whereas t he propert ies hereinbefore ment ioned and devised hy t h e will of t he testator are more par t icu la r ly described in the Schedule here to A n d whereas the bui ld ings u p o n t h e said lands are old and di lapidated and the rents received in respect of t he same are very smal l a n d inadequa te to t he capi tal va lue of t he said
lands and t h e va lue of the said propert ies would he greate ly enhanced e i ther by g ran t ing bui ld ing or improv ing leases of t h e said lands or by bor rowing money upon mor tgage of t he said lands for t he purpose of bu i ld ing u p o n and improv ing the same A n d whereas t h e said will contains no power to lease for more t h a n seven years and no power to m o r t g a g e b u t it would be beneficial to all par t ies in teres ted unde r t h e said will t h a t such powers should be conferred upon the Trustees thereof Be it therefore enacted by the Queen ' s Most Exce l l en t Majes ty by and wi th t he advice and consent of t he Legis la t ive Council and Legislat ive Assembly of N e w South Wales 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. | I t shall be lawful for t h e said H e n r y Hicks and J o h n | Linsley |
or o ther t he Trus tees for t he t ime be ing of t he said wil l of t he said H e n r y D e n t o n hereinafter called " T h e T r u s t e e s " b y deed to g r a n t leases of e i ther t he whole or any p a r t or pa r t s of t h e lands described in t he Schedule here to to any person or persons corporat ion or corporat ions who shall covenant to improve the lands so leased by e rec t ing and bui ld ing the reon any house or houses bu i ld ing or bui ld ings and to repair and keep in repair all houses or bu i ld ings wh ich shal l be erected the reupon or by otherwise expend ing in improvemen t of t h e l ands so leased such moneys as shall by t h e Trustees g r a n t i n g or m a k i n g such lease be defined adequa te for any t e r m of years no t exceed ing t h i r t y years from the da te of t he pass ing of th is A c t such leases to t ake effect in possession and no t in reversion or by way of fu tu re in teres t and so as the re be reserved in every such lease t h e best year ly ren t to be incident to t h e immedia te reversion t h a t t h e Trustees g r an t ing such lease can reasonably obtain (having rega rd to t h e covenants entered into b y t h e lessee) w i thou t t a k i n g a n y t h i n g in the n a t u r e of a l ine p r e m i u m or foregift and so t ha t the re be contained in every inden tu re of lease execu ted u n d e r this power all proper and usua l covenants in leases of a l ike n a t u r e and a condit ion of re -ent ry for n o n - p a y m e n t of ren t w i th in a reasonable t ime to be the re in specified or non-observance or breach by t h e lessee of a n y of t he covenants there in conta ined a n d so t h a t t h e lessee do execute a coun te rpa r t thereof and be not by any express words there in m a d e d ispunishable
2. The ren ts received by t h e Trus tees in respect of any leases
g ran ted unde r t h e power hereinbefore conferred shal l be paid and
applied by t h e m to t h e same persons and in t h e same m a n n e r as if such
| leases h a d been granted by t h e m u n d e r t h e power of leasing | conta ined |
| in t h e said will . |
3 . I t shal l be lawful for t he Trustees from t ime to t ime to borrow a n d raise at in teres t any s u m or sums of money no t exceeding in t h e whole t h e s u m of eleven t housand pounds wi th power to pay oif any mor tgage or mor tgages and to re-borrow any sum or sums thereby secured or a n y less s u m or sums provided t h a t no t more t h a n eleven thousand pounds shall a t any one t ime be due upon t h e securi ty of t he said lands for t he purpose of bu i ld ing upon and improving t h e said lands or a n y p a r t or par t s thereof and to execu te any mor tgage or mor tgages wi th or wi thou t power of sale of the said lands or any par t or par t s thereof for secur ing p a y m e n t of t he s u m or sums so borrowed and to give effectual receipts and discharges for t he moneys advanced by any mor tgagee and to do all such o ther ac ts as may be necessary or expedient for t h e purpose of effectuating such mor tgage or mor tgages Provided t h a t no mor tgagee advanc ing money upon the securi ty of any m o r t g a g e pu rpor t ing to be m a d e unde r the power herein conferred shall be b o u n d to inqu i re whe the r such money is required for t he purposes aforesaid or in any way concerned to see to t h e appl icat ion of such money w h e n so advanced or be l iable for t he loss non-appl ica t ion or
misapplicat ion
| misappl ica t ion | thereof | Provided | also | t h a t | t h e declara t ion | of | t he |
Trus tees t h a t t h e s u m secured by any mor tgage does not w i t h t h e other sums t h e n due on the securi ty of t he said lands exceed t h e s u m of eleven thousand pounds shall he sufficient evidence to t he mor tgagee
| u n d e r such mor tgage of | t h e fact there in | stated. |
4. T h e Trustees shall out of t h e rents a n d profits of t h e lands comprised in a n y mor tgage in each year set apa r t and r e t a in one moie ty or half pa r t of such ren ts and profits and a c c u m u l a t e t he same at in teres t and un t i l t he pr incipal sum secured by such mor tgage or any p a r t thereof or t he in teres t the reon shall be due unde r t he provisions of such mor tgage and shal l apply t he sums so set aside and the accumula t ions thereof in p a y m e n t or pa r t p a y m e n t of such pr inc ipa l and interest so far as t he same shal l ex tend and shall pay and apply t he balance of such ren ts and profits to t h e persons a n d in t he m a n n e r to whom and in which t h e same would have been paid or applied u n d e r t he provisions of t h e said will in case no m o r t g a g e h a d been given.
| 5. This | A c t | m a y | be | cited | as | " D e n t o n ' s | Es t a t e | Leas ing a n d |
| M o r t g a g i n g | A c t | 1 8 8 1 . " |
S C H E D U L E .
A L L t h a t piece or parcel of land s i tua te lying and being in t he parish of Saint Andrew
in the city of Sydney in the Colony of New South "Wales Bounded on the south by the building-line in Marke t - s t r ee t (commencing a t lot t h r ee formerly occupied by Mr .
| H e n r y D e n t o n being the west side of t he wall of | the house separa t ing i t f rom the said |
lo t ) bear ing east s ixteen degrees fifteen minu tes no r th twen ty -n ine feet t en inches to lot five on the cast by lot live being t h e east side of the wall of t he house former ly occupied by Mr . J . Griffiths bear ing nor th four teen degrees eleven minu te s west twen ty - one feet to the nor th-wes t corner of t he said dwell ing-house and a prolongat ion of the same line six feet to t h e corner of the bui lding la te ly occupied by Mr . J . Griffiths as a gig-house thence by the west side of t ha t building to the end of a passage and the west side of the stable lately occupied by Mr . J . Walker being a line bear ing nor th twen ty - t h r e e degrees west t h i r ty feet to t he back en t r ance leading from York-s t r ee t to Clarence- s t ree t on t he no r th by tha t back en t r ance bear ing wester ly twenty-six feet four-and-a- half inches and on the west by lot t h r ee being a l ine bear ing south fifteen degrees fifteen minu te s east in pa r t along the west side of a wall t h i r t y - th r ee feet four inches to t h e dwell ing-house formerly occupied by Mr . J . Griffiths aforesaid thence westerly four inches and thence souther ly along the west side of the wall of t he said dwelling-house twen ty feet six inches more or less to t he commencing corner at t he building-l ine in Marke t - s t r ee t .
| Al l t h a t a l lo tment or parcel of land in the t e r r i to ry of | N e w | South | Wales |
conta ining by admeasurement twelve perches s i tua te in the par ish of Saint Andrew in t he city of Sydney and county of Cumber land a l lo tment n u m b e r one of section
| number twen ty - th ree and bounded on the east by Clarence-s t reet bear ing nor th four teen |
degrees forty minu tes west seventy-four l inks on the no r th by number two a l lo tment bear ing west four teen degrees th i r ty minutes south one h u n d r e d and n ine and a half
| l inks on the west by number twen ty - th ree a l lo tment bearing south four teen | degrees |
| t h i r t y minutes east seventy-five | links and | on | the south by Dru i t t - s t r ee t | bear ing | east |
| fifteen | degrees t w e n t y minu tes no r th one hundred | and t en l inks being the | a l lo tment |
| advert ised in the name of J a m e s Brodie deceased in the Governmen t notice dated | th i r t een th |
| day of Apri l one thousand | eight h u n d r e d | and | th i r ty -n ine . |
All t h a t piece or parcel of land conta ining by admeasurement e ighteen and a half perches s i tua te in t he city of Sydney parish of Saint Andrew county of Cumber land a l lo tment number seven of section number twenty-e igh t bounded on the east by Clarence-s t reet bear ing no r th fifteen degrees th i r ty minutes west e ighty- three l inks on the no r th by number six a l lo tment bear ing west sixteen degrees th i r ty minuves south one hundred and for ty- two l inks on the west by n u m b e r e ight a l lo tment bear ing south four teen degrees th i r ty minu tes east seventy-six l inks and on the south by number n ine a l lo tment bear ing east th i r t een degrees th i r ty minu tes n o r t h one hundred and
| All t h a t piece | or parcel of | land s i tua te | in K en t - s t r e e t in t he city of | Sydney |
par ish of St. Andrew county of Cumber land Colony of New Sou th "Wales containing by admeasuremen t th ree perches more or less Commencing in K e n t - s t r e e t a t t he south-west corner of Board ' s g ran t and bounded on the west by Kent s t ree t being a line bear ing souther ly sixteen feet four inches more or less on the south by a l lo tment n u m b e r seven being a l ine bear ing wester ly fifty-seven feet more or less on t he eas t by a l lo tment n u m b e r one being a l ine bear ing nor the r ly sixteen feet four inches more or less and on
the
| t he n o r t h by p a r t of Board ' s g r an t being a l ine bear ing wester ly | fifty-seven | feet more or |
| less to t he point of commencement in Ken t - s t r ee t t he said parcel of land being | a l lo tment |
| n u m b e r eight of t he | subdivision into a l lo tments of | a l lo tment number | n ine of | section |
| n u m b e r twen ty-e igh t in t he city of | Sydney. |
| All t ha t piece or parcel of land s i tuate in K e n t - s t r e e t | Sydney parish of St . Andrew |
coun ty of Cumber land in the Colony of New South W a l e s conta ining by admeasu remen t five perches more or less Commencing in K en t - s t r e e t a t the south-west corner of a l lo tment n u m b e r eight being bounded on the west by K e n t - s t r e e t being a line bear ing souther ly twenty-seven feet t h r ee inches more or less on the south by a l lo tment number six being a line Dearing easterly fifty-seven feet more or less on the east by pa r t s of lots t h r ee and two being a line bear ing nor ther ly twenty-seven feet th ree inches more or less and on the no r th by a l lo tment n u m b e r eight being a l ine bear ing wester ly fifty-seven feet t o t he point of commencement in K e n t - s t r e e t such piece or parcel of land being a l lo tment n u m b e r seven of t he subdivision into a l lo tments of a l lo tment number nine of
| section n u m b e r twenty-e ight ci ty of | Sydney. |