Ham Common Resumption Act 1871 No 2a (NSW)

WHEREAS by grant under the Great Seal of the Colony bearing date the eleventh day of August one thousand eight hundred	and four the land therein described was granted to the trustees therein
named as a Common for depasturing the cattle and other stock belonging to the settlers and cultivators holding grants or leases within the District of Richmond Hill And whereas in a second grant under the Great Seal of the Colony bearing date the thirtieth day of September one thousand eight hundred and fifty-one it is recited that the said first-mentioned grant was deemed insufficient in law for the purposes
of securing and regulating the rights of Common intended to be thereby granted

No. XI.

All Act to authorize the resumption and

rededication of Ham Common.	[23rd
March, 1871.]

granted and it is in t he said g ran t erroneously recited t h a t t he l and in t h e first-mentioned g ran t described was allotted as Common land for t h e use of t he sett lers cul t ivators and other inhab i tan t s of t h e township of

R i c h m o n d in the parishes of Saint M a t t h e w and H a m in t h e coun ty of

Cumber land A n d whereas by the said second g ran t t h e l and the re in described was granted u n t o t h e Trustees the re in named and the i r suc­ cessors as a Common to pe rmi t t h e use and benefit of t he same to t h e sett lers cul t ivators and other inhabi tan t s for t he t ime-being of t h e said township of R ichmond A n d whereas i t is desirable t h a t t he er ror contained in such second g r a n t should be rectified and the land the re in described and in tended to be the reby granted should be resumed by the Crown for t he purpose of rededicat ion upon t h e t rus ts and for t h e purposes as near ly as pract icable which were declared by t h e said first- ment ioned g ran t Be it therefore enacted by t h e Queen ' s Mos t Exce l len t Majesty by a n d wi th t h e advice and consent of t he Legis­ lat ive Council and Legislat ive Assembly of N e w South W a l e s in Pa r l i amen t assembled and by the au thor i ty of t h e same as follows :—

1. U p o n the passing of th is A c t t h e l and described in t he Schedule shall be resumed by and revested in H e r Majesty H e r He i r s and Successors as fully and effectually as if t he same had never been dedicated or g ran ted by the Crown as a Common A n d all t ru s t s declared or created by ei ther of t h e ins t ruments hereinbefore reci ted and all rights-of-way or other easements over t he said land or any p a r t thereof are hereby ext inguished.

2. I t shall be lawful for the Governor in Council to cause a g ran t of t h e said land to be issued vest ing t he same in Trustees to be by h i m appointed as a Common for t he use of t he sett lers cul t ivators and residents of the district formerly known as R ichmond Hi l l and the townships of Windsor and R i c h m o n d respectively and all lawful acts done or purpor t ing to be done and all leases granted by the Trustees of t he Common hereby resumed by the Crown shall so far as t he same are not inconsistent wi th the purposes of th is A c t be and cont inue as valid and effectual in law as if th is A c t had not been passed and shall be equally b inding upon the Trustees of t he said Common appointed under th i s A c t and all moneys in the hands of t he Trustees of t he said Common a t t he t ime of t he passing of this Ac t received or recovered by t h e m in pursuance of the provisions of the A c t e leventh Victoria n u m b e r th i r ty-one shall be by t h e m handed over to t h e Trustees appointed unde r th is A c t and shall be he ld and disposed of by t h e m as by law directed.

S C H E D U L E .

A L L t h a t piece or parcel of land s i tua ted in the coun ty of Cumber land parishes of

Saint M a t t h e w and H a m containing by admeasurement six thousand and six acres be t he same more or less commencing a t the west corner of D . M ' A r t y ' s forty acres and bounded first on the south by a line bear ing west twelve degrees no r th to t he village of L i t t l e Richmond dividing it from various g ran t s t h e n on the nor th-west by t he south-east boundary- l ine of the village of L i t t l e Richmond bear ing nor th forty degrees east t h e n

on the south-west by t he nor th-eas t boundary- l ine of t h a t village bear ing nor th	fifty
degrees west t h e n on t h e south-east by t he nor th-west boundary-l ine of t ha t	village

bear ing south forty degrees west to the no r the rn boundary- l ine of Wil l iam Minch in ' s

two hundred acres t h e n again on the south by t h a t boundary-l ine bear ing west twelve

degrees no r th to Yellow M u n d y Lagoon thence on the west by Yellow M u n d y Lagoon

to t he southern corner of Charles W e b b ' s one hundred acres then again on the nor th ­ west by Charles W e b b ' s one hundred acres bear ing nor th fifty-four degrees east to a reserved road thence across t h a t road to the south-east corner of Thomas M. P i t t ' s one hundred acres and thence by the following farms bear ing nor th forty degrees eas t (namely :—Thomas M . P i t t ' s one hundred acres M a r y P i t t ' s one hundred acres Thomas Spence 's one hundred acres and Wil l iam Small 's one hundred acres) to t he wes te rn corner of the township of Richmond t h e n on the nor th-eas t by the south-west boundary of t ha t township bear ing east forty degrees south eighty-one chains seventy-five l inks

t h e n

t h e n again on the north-west by t he south-east boundary of t h a t town bear ing nor th	th i r ty-
eight degrees t w e n t y minu tes east fifty-five ehains twenty-seven links to t he	south-west

side of Paget -s t ree t t h e n on the nor th-eas t by a lino bear ing east n ine teen degrees south twenty- two chains then on the nor th-west by a line bear ing nor th n ineteen degrees to Richard Dal ton ' s one hundred acres then on the no r th by the southern boundary-l ines of Richard Dal ton ' s one hundred acres of Thomas Arkel l ' s one hundred acres and J o h n Ear l ' s one hundred acres bearing east twen ty degrees no r th to t h e south-west corner of G. W. Evans ' five hundred and n ine teen acres and thence by the southern boundaries of t ha t land of W . and J . Cox's two hundred acres and of Rober t Forres ter ' s seventy acres t h e n on the east by Wm. Naish's one hundred and eight acres bearing south then cm the nor th-eas t by W m . Ezzy's one hundred and th i r ty acres bearing south thi r ty- two degrees east to t he glebe land then on the south-east by the glebe land bearing west thir ty-seven degrees south then again on the north-east by t he glebe land bear ing east forty degrees south then again on the nor th-west by t he glebe l and bear ing n o r t h th i r ty-four degrees cas t to a po in t where the south-west boundary-l ino of the Benevolent Asylum land prolonged would mee t the glebe land t h e n again on the nor th-eas t by a l ine to t he west corner of t he Benevolent Asylum land and thence by its south-west boundary- l ine bear ing east th i r ty - th ree degrees th i r ty minutes south t h e n again on the nor th-west by the south-east boundary-l ine of t h a t land bearing nor th th i r ty- three degrees th i r ty minu tes east to the south-west police boundary of the town of Windsor , t hen again on the nor th-eas t by t h a t police boundary-l ine bear ing east thir ty-four degrees south t h e n again on the no r th by the south police boundary-l ine of t h a t town bear ing east t o

Thomas Cross ' th i r ty acres t h e n again on the east by pa r t of t he west boundary-l ine of

t h a t farm and by J o h n B u r n ' s t h i r ty acres t h e n again on the south by par t of Jacob Russel l ' s th i r ty acres then again on the east by Russel l ' s land then again on the nor th by p a r t of t h a t land to t he nor th-west corner of Edward Johns ton ' s twenty-five acres then again on the nor th-eas t by Edward Johns ton ' s twenty-five acres and by Charles K ing ' s th i r ty acres bear ing south twen ty degrees east t h e n by Richard Ridge's fifty acres and by J . Podge t t ' s t h i r ty acres bearing south twenty-eight degrees east t hen by th i r ty acres of land gran ted to Edward Perkins in the year one thousand seven hundred and ninety-four (but since cancelled) t h e n again on the south-east by L u a r ' s or F reeman ' s g ran t bear ing

south-wester ly then again on the north-east by t h a t g ran t bearing south th i r ty degrees

east to 1). M ' A r t y ' s forty acres and t h e n again on the south-east by D . M 'Ar ty ' s forty acres bearing west th i r ty degrees south to t he point of commencement (advertised as number forty-one in the Government notice, dated 11th Ju ly , 1S50).