Ennis Estate Act of 1886 No eea (NSW)

An Act to enable the Trus tees of certain L a n d a t P ocky Point to lease mor tgage or sell t he same and to provide for t he application of the moneys so obtained and for o ther purposes. [17th August, 1886.]

Stanley

WH E R E A S by a e igh ty cer ta in lauds and hered i taments s i tuated a t R o c k y Po in t near

cer tain m e m o r a n d u m of t ransfer bear ing date

t h e twenty-f i f th day of J u n e one thousand e ight h u n d r e d and

Sydney in t he Colony of N e w South Wales and fully described in t he said m e m o r a n d u m and t h e declarat ion of t rus t s hereinaf ter recited and

the Schedule here to annexed were vested by J o h n Robe r t Enn i s t h e n

of R o c k y Poin t aforesaid b u t now of Queens land in Charles S t u a r t Cansdel l t he younger of Sydney civil engineer and R i c h a r d Lacy of K o g a r a h Esqu i re A n d whereas t h e object of such transfer was

t h e m a k i n g of a provision for Jess ie M a r y Enn i s t h e wife of t he said

J o h n R o b e r t E n n i s and the i r chi ldren A n d whereas by a declarat ion of t he t rus t s of t he said land a n d hered i taments as witnessed by a cer ta in ins t rumen t bear ing date t he twenty-fif th day of J u n e one thousand e ight hund red a n d e ighty and made be tween t h e said Charles S t u a r t Cansdell and Richard Lacy there in styled the said Trus tees of t h e first pa r t t h e said J o h n Rober t Enn i s of t h e second pa r t t h e said Jessie

M a r y	E n n i s	of	t he th i rd pa r t	and	George Freder ick J o h n E n n i s	He lena
Alice E n n i s A m y	Mary	Enn i s I d a Robe r t a	Enn i s	and	R o b e r t	Joseph

Stanley E n n i s chi ldren 'of t he said J o h n R o b e r t E n n i s and Jessie M a r y

E n n i s of t h e four th pa r t They the said Trustees w i th t h e pr ivi ty a n d

consent of t he said J o h n R o b e r t E n n i s the reby covenanted declared and agreed wi th and to t h e said Jessie M a r y E n n i s a n d also separately w i th and to t h e said chi ldren t h a t t hey the said Trus tees should and would s tand possessed of t he said lands and hered i taments be ing al l t h a t parcel of land con ta in ing by a d m e a s u r e m e n t fifty acres more or less

s i tuate a t Rocky Poin t in t h e parish of Saint George in t h e coun ty of

Cumber l and in t h e said Colony being por t ion th i r ty - two del ineated in

t he publ ic m a p of t he said par i sh deposited in the office of t he Surveyor-

Genera l wi th the appur t enances upon t rus t to pe rmi t and suffer t h e

said Jess ie M a r y E n n i s to occupy and reside thereon or a t he r op t ion

to receive t h e r en t s issues and profits thereof to and for he r sole and separate use for he r life free from t h e debts control or engagemen t s of t he said J o h n R o b e r t E n n i s or of any he r fu tu re h u s b a n d b u t wi th­ out power of al ienat ion d u r i n g cover tu re A n d upon the dea th of t h e said Jessie M a r y Enn i s to set apar t t e n acres of the said land conveni ­ en t ly enjoyable wi th t h e dwell ing-house the reon erected and thence ­

forth dur ing t h e minor i ty of any son of t he said J o h n R o b e r t Ennis and

Jessie M a r y E n n i s or whi le any daugh te r of the i rs shall r e m a i n u n m a r r i e d to pe rmi t and suffer t h e said t en acres of land Avith tho said dwel l ing-house to be occupied as t he h o m e of t h e said child or chi ldren u n d e r twen ty -one years of age and of t h e said d a u g h t e r or

daugh te r s unmar r i ed A n d upon the a t t a in ing major i ty of any son or

t h e mar r i age of any daugh te r whichever m a y first h a p p e n to divide t h e residue of t h e said land into as m a n y lots or port ions as the re shal l be ch i ldren of t he said J o h n R o b e r t E n n i s and Jessie M a r y E n n i s l iv ing Such port ions to be as nea r ly equal in ex ten t as t he said Trus tees can allot t he same and to cause lots to be d r a w n by for and on behalf of all t h e said chi ldren and to t ransfer t h e port ions represented by t h e lot d rawn by any son a t t a in ing twenty-one years

or by any d a u g h t e r a t t a in ing t h a t age or m a r r y i n g in the following

m a n n e r t h a t is to say t h e share of a son to h i m for his own use and benefit and the share of a daugh te r to two or more Trus tees to be approved of by t h e said Trustees for t he separate use of such d a u g h t e r wi th t he l ike provision in favour of each succeeding son a t t a in ing major i ty and of each succeeding daugh te r a t t a in ing major i ty or

m a r r y i n g A n d upon t ru s t when and so soon as t h e younges t son of

t h e said J o h n Robe r t E n n i s and Jessie M a r y E n n i s shall a t t a in

twenty-one years of age and t h e last r ema in ing d a u g h t e r shal l m a r r y

or depar t t h i s life to m a k e sale and absolutely dispose of t he said t en

acres of land and dwell ing-house by publ ic auc t ion and to divide and

pay t h e clear proceeds of sale a m o n g a n d to al l t h e chi ldren of t h e

said J o h n R o b e r t Enn i s and Jessie M a r y E n n i s t h e n l iv ing a n d t h e

issue of such of t h e m as shal l have departed th i s life leaving lawful issue t h e n l iv ing in equal shares and propor t ions according to t h e roots b u t t h e shares of daugh te r s to be for the i r separate use A n d provid ing a lways t h a t in case a t any t ime before t he t rus t s thereinbefore declared shall requi re a sale of t he said t e n acres of land a n d dwell ing- house it shall be found inconvenient for t he said Jessie M a r y E n n i s to occupy or reside the reon or after he r decease i t shall be found inconvenient or undesi rable for the chi ldren to occupy the same as a house the said Trus tees shal l be a t l iber ty to demise and lease al l or a n y p a r t of t he land in respect of which the t rus t s a re b y t h e said

declarat ion of t rus t s declared a n d t h a t from t ime to t ime as m a y be

convenient for such te rm or t e rms not exceeding t h e t ime a t which t h e younges t child would a t t a in twenty-one years of age as they shall t h i n k fit a t t he best r e n t or r en t s t h a t can be convenient ly obtained for

t h e same wi thout t a k i n g any p r e m i u m and so t h a t t he r e be reserved

in

i n every such lease a proviso for re-entry on non -paymen t of ren t or b reach of covenants and providing t h a t t h e lessees shall execute counter ­

par t s and shall thereby covenant for p a y m e n t of the ren t s and shall

no t be dispunishable for was te A n d providing fu r ther t h a t dur ing such t ime as the said Jessie M a r y E n n i s shall occupy the said premises she shall be bound to ma in t a in the bui ldings and fences in good tenan tab le repair saving accidents by fire or tempest and to insure t h e said bui ld ings against lire to the i r reasonable insurable va lue in t he n a m e of the said Trustees and from t ime to t ime to lodge the policy or policies and receipts for renewals wi th t h e m A n d providing fur ther t h a t in case t he premises shall a t any t ime he demised in pur suance of the provision in t h a t behalf in the said declarat ion of t rus t s contained and thereinbefore set forth t h e rents shall subject to the charges of repairs and insurance be paid du r ing the life of the said Jessie M a r y E n n i s to he r and after her decease be applied by the said Trus tees in or towards t he ma in tenance of all the chi ldren of the said J o h n I lober t Enn i s and Jessie M a r y E n n i s then under age and of such daugh te r s of the said J o h n Robert E n n i s and Jessie M a r y Enn i s as shall be t hen unmarr ied A n d whereas since t he ves t ing of the said land and hered i taments in t he said Trustees and t h e execut ion of t he said declarat ion of t rus t s in respect thereof t he said J o h n Robert Enn i s has been obliged from i l l -heal th to give u p his employmen t as Chief Clerk in the Sheriff's D e p a r t m e n t of t he Sup reme Cour t of New South Wales and has since chiefly resided in Queens land and has t he r e entered in to t h e business of a cat t le-grazier A n d whereas such business is no t a t present sufficiently product ive to enable h i m to m a k e due provision for the ma in t enance of his said wife and the ma in t enance educat ion and advancemen t in life of the i r chi ldren A n d whereas no provision was made in t h e said recited declaration of t he t rus t s of t h e said land and heredi taments for t he ma in t enance of the said Jessie M a r y E n n i s nor for the ma in tenance educat ion and advance­ m e n t of t h e said chi ldren o ther t h a n by enabl ing the said Trus tees to demise t he said lands and hered i taments for the t e r m of t he life of the said Jess ie M a r y E n n i s and for such t e r m or te rms thereaf ter not exceeding the t ime a t which t h e youngest of t he said chi ldren shal l a t t a in twenty-one years of age A n d whereas t he ren ta l wh ich could bo obtained by a demise of t he said land and hered i taments a t t he present t ime would be insufficient for t he suppor t of the said Jessie M a r y E n n i s and the suppor t educat ion and advancement of t h e said

chi ldren A n d whereas it is desirable t h a t the said Trus tees should be

authorized to m a k e be t te r provision for t he suppor t of the said Jessie Mary E n n i s and the suppor t educat ion and advancemen t of al l t h e

chi ldren of t h e said J o h n Robert Enn i s and Jessie M a r y E n n i s whe the r

born before or after the date of the said declarat ion of t rus ts t h a n can be effected unde r t h e powers for those purposes given b y such t rus ts A n d whereas i t is also desirable t h a t the said Trustees should he author ized to advance moneys to t h e said J o h n Robert E n n i s A n d whereas i t is expedien t for these purposes t h a t t h e said Trustees should be empowered to raise money by a mor tgage or mor tgages or a sale or sales or pa r t ly by a m o r t g a g e or mor tgages and pa r t l y b y a sale or

sales of t h e said laud and hered i taments at R o c k y Po in t or of some

pa r t or pa r t s of the same A n d whereas t h e said objects cannot be

effected wi thou t an A c t of the Legis la ture Be it therefore enacted by

the Queen ' s Mos t Exce l l en t Majes ty b y and wi th t h e advice and

consent of t h e Legis la t ive Council and Legislat ive	Assembly of	N e w
South W a l e s in Pa r l i amen t	assembled a n d by the au thor i ty of t he	same
as follows :—•

1. I t shall be lawful for t h e said Charles S tua r t Cansdell t he
younge r civil engineer and Richard Lacy or o ther t he Trustees for

t h e t i m e be ing of t h e said declarat ion of t h e t rus t s of t h e said land

k and

and he red i t ament s s i tua ted a t R o c k y Po in t aforesaid hea r ing date the

twenty-f i f th day of J u n e one thousand e igh t h u n d r e d and e ighty

hereinafter called t h e said Trus tees no twi ths t and ing a n y t h i n g to the

con t r a ry in t h e said reci ted declara t ion of t rus t s contained a t any t ime after t h e pass ing of th i s A c t to set apa r t t en acres of t h e said l and convenient ly enjoyable w i th t h e said dwel l ing-house the reon erected and from t ime to t ime to borrow and raise a t in teres t any s u m or sums of money which they in the i r absolute discretion shall deem expedien t u p o n a m o r t g a g e or mor tgages of t h e said res idue of t he said l and which shall r emain after se t t ing apa r t t en acres of t h e same w h i c h said res idue is here inaf ter described as t h e said residue of t h e said land A n d if t h e money which can be raised on such said res idue of t h e said l and shall in t h e opinion of t h e said Trus tees be insuf­ ficient for t he purposes for which it shall be requi red t h e n wi th t he consent of the said Jessie M a r y E n n i s to set apar t out of t h e said t en acres two or more acres thereof upon which the said dwell ing-house shall be s t and ing and convenient ly enjoyable t he rewi th and to borrow

and raise a t in teres t such fu r the r s u m or sums of money as t h e y in

the i r absolu te discret ion shall deem expedient u p o n a separa te mor t ­ gage or separate mor tga ges of t h e residue of t h e said t en acres which shal l r ema in after se t t ing apa r t two or more acres thereof w h i c h said residue is here inaf ter described as t h e said residue of t he said t en acres A n d if t he money which can be raised on mor tgage of t h e said res idue of t he said l and and t h e said residue of t h e said t e n acres shall be in t h e opinion of t h e said Trus tees insufficient for t h e pur­ poses for which it shall be requi red t h e n wi th t h e consent of t h e said Jessie M a r y E n n i s to borrow and raise a t in teres t such fu r the r s u m or sums of money as t hey in the i r absolute discret ion shall deem expedient upon a separa te m o r t g a g e or separate mor tgages of t h e said dwel l ing-house and the said two or more acres of t h e said t en acres wh ich shall have been set aside unde r t h e power by th is section given as convenient ly enjoyable the rewi th wh ich said dwel l ing-house and two or more acres of land are hereinaf ter described as t he said dwell ing- house w i t h power to p a y off any such mor tgage or mor tgages and to re-borrow any s u m or sums the reby secured or any less sum or sums a n d to execute any such mor tgage or mor tgages w i t h or wi thou t power of sale of t he said land and t h e said dwell ing-house or of any pa r t or pa r t s of t h e said l and 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 so advanced b y any mor tgagee and to do all such other acts as m a y be necessary or expedien t for t h e purpose of effectuating such m o r t g a g e or mor tgages Provided t h a t no mor tgagee advancing money u p o n the

securi ty of any m o r t g a g e pu rpo r t i ng to be m a d e unde r t he power in th is section conferred shall be bound to inqu i re whe the r such money is requi red for t he purposes aforesaid or be 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 mis-appl icat ion thereof.

2. I t shal l be lawful for t h e said Trus tees no twi ths t and ing

a n y t h i n g to the cont rary in t he said reci ted declarat ion of t rus t s

contained a t any t i m e after t h e m o r t g a g e of t he said residue of t h e said l and and of t he said residue of t h e said t en acres a n d of t h e said dwel l ing-house or of any p a r t or pa r t s of t h e said land and hered i taments unde r any of t h e powers in such behalf hereinbefore given A n d in case t h e invested moneys here inaf te r men t ioned shall be insufficient to pay off the m o r t g a g e moneys and in teres t the reon which shall be owing in respect of a n y m o r t g a g e of any p a r t of the said lands and he red i t aments A n d in any case if after t h e dea th of t he

said Jessie M a r y E n n i s they shal l be of opinion	t h a t a sale would	be
more advan tageous	to t h e in teres ts of t h e chi ldren	of t h e said J o h n

R o b e r t

Rober t Enn i s and Jessie M a r y E n n i s t h a n a mor tgage of t he said

res idue of t he said land t h e n n o o n fur ther t rus t a t the i r absolute discret ion to sell and absolutely dispose of t h e said residue of t h e said land or of any pa r t or pa r t s thereof and if t he net proceeds of the sale of the whole of such residue shall be insufficient for the purpose for which t h e same shall be sold t h e n wi th t he consent of t h e said Jessie Mary E n n i s if she shall t h e n be l iving and if she shall t h e n be dead a t the i r absolute discretion to sell and absolutely dispose of t h e said residue of t he said t en acres or of any part or par t s thereof A n d if t h e proceeds of t h e sale of t he whole of t he said res idue of t he said land toge ther with t he proceeds of t h e sale of t he whole of t he said residue of t he said t en acres shall he insufficient for t he purposes for which t h e same shall have been sold t h e n wi th t h e consent of the said Jessie M a r y E n n i s if she shall t h e n be l iving and if she shal l t h e n be dead a t the i r absolute discretion to sell and absolute ly dispose of the said dwel l ing-house and every such sale may lie made e i ther by publ ic auc t ion or pr ivate contract and e i ther in one or more lots and in such m a n n e r generally and subject to such t e rms and condit ions as t h e said Trustees shall in the i r absolute discretion deem expedient w i t h power to b u y in t he said land or any pa r t or pa r t s of t he same a t a n y sale by auc t ion and to rescind or vary a n y cont rac t for sale e i ther on t e rms or gra tu i tous ly and to resell t he same wi thou t be ing responsible for any loss occasioned the reby and upon any sale or sales thereof or of any pa r t or par t s thereof to convey t h e land so sold to t h e purchase r or purchasers thereof his he r or thei r heirs and assigns or as such purchasers may direct freed and discharged from all t rus t s affecting t he same and the receipts in wr i t ing of t he said Trustees for t he purchase money of t he said land or of any pa r t or pa r t s thereof so sold shall bo full and sufficient discharges to t h e purchaser or purchasers of t he same f rom the purchase money payable by h im or t h e m respect ively a n d shall exonera te h i m or t h e m from be ing bound to see to t he appl icat ion of t h e said purchase money and from any l iabil i ty for the loss non-appl icat ion or mis-application of t h e same or of a n y p a r t thereof.

3 . The said Trustees shall s tand possessed of al l moneys obta ined from t ime to t ime by mor tgage or sale of the said land a n d dwel l ing- house unde r t he powers in such behalf by th is A c t g iven and of al l accumula t ions thereof all wh ich mor tgage moneys and accumula t ions thereof are hereinaf ter described as t h e said mor tgage moneys and al l which moneys so obta ined by a n y such sale and all accumula t ions thereof are hereinaf ter described as t he said sale moneys u p o n t ru s t in t h e first place to pay the reou t all costs a n d expenses of and inc identa l

and incidenta l to every such mor tgage and sale and to every inves tmen t

to t h e p rocur ing and passing of th is A c t and al l costs and expenses of

from t ime to t i m e of such said m o r t g a g e and sale moneys and of every p a r t thereof respect ively A n d also all costs and expenses of and incidenta l to all deeds in s t rumen t s acts deal ings sales and proceedings subsequent ly to t h e passing of th is Ac t executed signed done made or u n d e r t a k e n for t h e purposes or any of t h e m of t he said declarat ion of t r u s t s and of this Ac t A n d further upon t ru s t if t hey in the i r absolute discretion shall t h i n k it to be advisable to do so to lend so m u c h of t he said mor tgage or sale moneys to t he said J o h n Robert E n n i s not exceeding one t housand pounds as they in thei r absolute discretion m a y de termine such loan to be made to t he said J o h n Robert Ennis u p o n such securi ty by his own bond or otherwise as they the said Trus tees shall in the i r absolute discret ion de te rmine and requi re A n d fur ther upon t rus t to invest or employ so much of the residue of t he said mor tgage and sale moneys a n d of all accumula t ions thereof as they shal l in thei r absolute discretion deem expedient in t h e purchase or r e n t a l in the i r names or otherwise of t h e goodwill of t h e business

which

which t h e said Jessie M a r y E n n i s wi th t h e consent of her h u s b a n d the

said J o h n R o b e r t Enn i s is now car ry ing on unde r t he inspect ion and control of t h e said Trus tees for t he ma in t enance of herself and her said husband and their chi ldren and of t h e t rade fi t t ings fu rn i tu re s tock-in- t rade and other household and business effects t h e r e u n t o be longing or in t he purchase or ren ta l in the i r names or otherwise of t h e goodwill of such o ther business or such o ther house and premises and of such o ther t r ade fittings furn i ture s tock- in- t rade a n d o the r household a n d business effects as they shall approve and deem necessary to enable the said Jess ie M a r y E n n i s to enter in to and car ry on some t r ade business or occupat ion she u n d e r t a k i n g to car ry on t h e same u n d e r the i r inspect ion and control and also out of t h e profits thereof and the ren ts issues and profits of t h e said land and he red i t amen t s secured to he r sole use by t h e said declarat ion of t rus ts the same not hav ing been sold unde r t h e powers in t h a t behalf by th is Ac t g iven

to ma in t a in herself and he r said h u s b a n d and to clothe m a i n t a i n a n d

educa te and b r ing up all t he sons of her mar r iage wi th t h e said J o h n

R o b e r t E n n i s for t he t ime being under t h e age of twen ty -one years

and all t h e daugh te r s of t h e said mar r i age for t he t i m e being un­ mar r ied A n d to pay the residue of such profits to t he said Trustees a n d t h e said Trus tees shal l s tand possessed of such profits and of t he res idue of such said mor tgage and sale moneys upon t rus t to invest t he same and al l accumula t ions thereof hereinaf ter described as tho said inves ted moneys in. deben tures issued by t h e Gove rnmen t of the Colony of N e w South "Wales or u p o n freehold securities in t h e said Colony or u p o n deposit a t in teres t in any bank ca r ry ing on business in t he said Colony wi th power from t ime to t ime to va ry or t ranspose a n y such i nves tmen t or securi ty in to or for any o ther inves tmen t or secur i ty of t he k ind he reby au thor ized A n d u p o n fur ther t r u s t in case t he said t r u s t premises shal l have been mor tgaged to apply t he residue of such inves ted moneys to t h e r e p a y m e n t firstly of t h e m o r t g a g e moneys and in teres t owing in respect of any mor tgage of t he said dwell ing- house and secondly to t h e r e p a y m e n t of t h e mor tgage moneys a n d

in te res t for t he t ime be ing owing in respect of any mor tgage of	t he
r ema inde r of t h e said t r u s t premises or of any p a r t of	such remainder

A n d u p o n fur ther t r u s t as to the residue of such invested moneys to pay the income ar is ing theref rom to t he said Jessie M a r y Enn i s for he r sole and separate use for he r life free from the debts control or engage­ m e n t s of t h e said J o h n R o b e r t Enn i s or of any her fu ture h u s b a n d

A n d upon fur ther t r u s t w i th t he consent of t he said Jessie M a r y E n n i s

to sell t h e goodwill of any business which she m a y for the t ime being

be car ry ing on and all t h e s tock-in- t rade furni ture and other house­

hold and business effects t he reun to be longing A n d to inves t t h e pro­ ceeds thereof in the purchase of t h e goodwill of some o ther business and t h e purchase of o ther s tock-in- t rade fu rn i tu re and other household a n d business effects and t h e same to sell aga in and deal w i t h t he proceeds in l ike m a n n e r as often as any change of business or subs t i tu­ t ion of household or business effects shal l by t h e said Trustees be deemed expedient A n d upon fu r the r t r u s t in case t he said Jessie

M a r y E n n i s shall elect to discont inue any such business a l toge ther to

sell the same and t h e s tock- in- t rade fu rn i tu re a n d household and

business effects t h e r e u n t o be longing and to invest t h e proceeds in any of t he aforesaid securit ies and to pay the income thereof to t h e said Jessie M a r y E n n i s for he r sole and separate use for he r life free f rom

t h e debts control or engagemen t s of t he said J o h n R o b e r t E n n i s or

any he r fu tu re husband and upon fur ther t r u s t after t he dea th of t h e said Jessie M a r y E n n i s to finally close u p and sell t he goodwill of a n y business t h e n carried on by t h e said Jess ie M a r y E n n i s under t he

power in t ha t behalf hereinbefore given and the s tock- in- t rade furni ture

and

a n d other household and business effects	t h e r e u n t o be longing	and to
divide and pay one- th i rd	of t he proceeds thereof	toge ther w i th one-

Third of t h e residue of t h e said invested money to t he said John Robert

E n n i s and to divide a n d pay the residue and if the said John Robert Enn i s shall have predeceased his said wife t h e n the whole of all such proceeds and invested moneys and of all accumula t ions thereof a m o n g

and to all t h e chi ldren of the said John Robert E n n i s and Jessie M a r y

E n n i s t h e n l iving and the issue of such of t h e m as shal l have depar ted th is life leav ing lawful issue t h e n l iv ing in equal shares and proport ions according to the roots t he shares of females to be for thei r separate use and t h e shares of males to vest a t major i ty and of females a t major i ty or previous marr iage .

4. I t shal l be lawful for t he said Trus tees to al low any pur­ chaser or purchasers of any par t of t he said land or of t he said dwell­ ing-house which shall have been sold u n d e r any power in t h a t behalf by th is A c t given credit for t he paymen t of t he whole or any par t of his or her or the i r purchase money upon such t e rms as to in teres t or otherwise and general ly as t he said Trustees m a y deem reasonable and expedient Provided t h a t t h e proper ty in respect of which such credit shall be given shal l r e m a i n unconveyed or shall by a proper m o r t g a g e wi th full powers of entry and sale and other usua l and proper provisions be made a secur i ty for t h e p a y m e n t of t he pu rchase money r ema in ing unpa id Provided fu r ther t h a t i n t he even t of a n y such securi ty be ing t aken t he vendor 's l ien for t he said purchase money and every par t thereof shall no t be the reby affected or lost.

5. I n case t he said Jessie M a r y E n n i s shall die before t h e

repayment of t he m o r t g a g e moneys owing in respect of a n y mor tgage
of t h e said dwel l ing-house and the said t en acres or o ther por t ion of

the said land which unde r the power in t h a t behalf by this A c t given shall have been set apa r t as convenient ly enjoyable w i th t he said dwell ing-house and be mor tgaged the rewi th and before sale thereof it shal l be lawful for t he said Trustees to postpone t h e occupat ion of t he said dwell ing-house and land the rewi th mor tgaged as the home of the chi ldren of the said J o h n Robert Enn i s and Jess ie M a r y Enn i s and t h e sale thereof un t i l t he whole of the said mor tgage moneys shal l have been paid off a n d meanwhi l e and n o t w i t h s t a n d i n g any t rus t s so declared in respect of such occupat ion division and sale it shall be lawful for the said Trus tees from t ime to t ime to demise a n d let t h e said dwel l ing-house and t h e l and the rewi th mor tgaged and t h a t from

t ime to t ime and for such t e r m or t e rms of years as t hey shal l t h i n k

expedient every such lease to t a k e effect from the date thereof and to

be made for t he best yearly r en t payable qua r t e r ly or for t h e h ighes t

gross r e n t or p r e m i u m t h a t can he obtained for such t e r m of years Provided t h a t every such lease shal l conta in covenants by t he lessor for p a y m e n t of the ren t or p r e m i u m s thereby reserved and of taxes and for repai r ing and keeping in repa i r t he premises so demised and for insur ing t he same aga ins t loss by fire to t he full va lue thereof and wi th such other covenants as they shall t h i n k reasonable A n d also a

proviso for re-entry on n o n - p a y m e n t of t he r e n t or p r e m i u m for a

period not exceeding forty days after the same shal l become due or on breach of a n y of t he covenan ts and so as the lessee shall not be b o u n d to see to the appl icat ion of any such r en t or p r e m i u m nor l iable for t he non-appl ica t ion or mis-applicat ion of the same nor be made dis­ punishable for waste b u t shall execute a coun te rpa r t of such lease A n d the ne t r en t or p r e m i u m so obtained for t h e said dwel l ing-house

and land shall be applied to t he p a y m e n t of such m o r t g a g e moneys

while such dwell ing-house and land shall be so demised.

6. I t shall be lawful for t h e said Trus tees to m a k e or concur in

the m a k i n g of any roads streets or ways on and over any part or pa r t s

of

of t he said l and	A n d also to erect m a k e and car ry ou t and concur in
t h e erec t ing m a k i n g and	ca r ry ing out of any wells sewers dra ins water­

courses or o ther works w h i c h they in the i r absolu te discret ion m a y consider will conduce to t he be t te r division lay ing ou t improv ing or sell ing of t h e said l and or to t h e convenience or enjoyment of those persons w ho shal l be abou t to purchase or shal l have purchased a n y par t thereof A n d the cost of such works or the proport ions of a n y

such costs which shal l be u n d e r t a k e n by any purchaser or o the r person

for the i m p r o v e m e n t of such land or of a n y pa r t thereof w i th t h e con­

cu r rence of t h e said Trus tees m a y b e deducted and re ta ined by t h e m in t h e same way as t h e y a re hereinbefore author ized to deduct and re ta in the costs and expenses of and inc identa l to sales he reunde r A n d for any of t h e purposes of th is section t he said Trus tees m a y reserve and dedicate e i ther absolutely or u p o n any conditions any p a r t or p a r t s of t h e said land.

7. This A c t m a y be cited as t he " E n n i s E s t a t e Ac t of 1886."

T H E S C H E D U L E A B O V E R E F E R R E D TO.

All t h a t parcel of l and conta in ing by admeasu remen t fifty acres more or less si tu­ ated a t Rocky Po in t in t he par i sh of Saint George in the coun ty of Cumber land in the

Colony of N e w South W a l e s por t ion th i r ty - two del ineated in t h e public m a p of t he said par i sh deposited in the office of the Surveyor -Genera l of the said Colony as originally g ran ted to George Alfred Lloyd of Crown gran t dated t he twenty- th i rd day of F e b r u a r y

one thousand ei"lit h u n d r e d and fifty-four.