| An Act to enable E d w a r d Joseph Rubie | and |
T h o m a s O'Connor t h e Trus tees of the will of t he la te Michael Heley and the duly appointed commit tee of Albina Heley an insane pat ient and also the Trus tees of a certain inden tu re of se t t l ement dated t he twenty-s ix th day of April one thousand e ight hundred and seventy-five to sell cer tain lands and he red i t amen t s in the Schedules A and B here to described and to provide for t he application of the pro ceeds of such sale and for o ther purposes
| t he re in | ment ioned. | [27th | April, | 1 8 8 3 ] |
| Schedule A here to described and set forth A n d whereas the said | WH E R E A S Thomas I l e l ey la te of Sydney was a t the t ime | dea th seized in fee-simple of t h e lands and he red i t ament s | in |
Thomas He ley died on or about t h e twen ty -n in th day of November one thousand e ight hundred and sixty-seven in tes ta te leaving h im surviving his widow M a r y I l e ley and five chi ldren and no more t h a t is to say M a r y A n n E l len Eliza Alb ina and Michae l I l e l e y A n d whereas adminis t ra t ion of the estate of the said Thomas He ley was duly gran ted by t h e Supreme Cour t of N e w South W a l e s in its ecclesiastical jur isdic t ion to t he said Michae l I l e l e y on the fifth day of F e b r u a r y one thousand e ight h u n d r e d and s ix ty-e ight A n d whereas by divers conveyances and assurances in the law t h e said M a r y A n n E l len and Eliza He ley have du ly conveyed gran ted and released all the i r r i g h t t i t le and interest in t h e said lands and he red i t aments as n e x t of
| k i n | of t h e said Thomas I l e l ey to tho | said | Michae l | I l e l ey | absolutely |
| A n d whereas t he said Michae l He l ey t he r eupon became and a t | t h e |
| t i m e of Iris dea th | still was ent i t led to four-fifths | of t he fee-simple of |
| t h e said lands and he red i t ament s | subject only to t h e r i g h t and claim of |
| t h e said M a r y He ley the widow of t he said Thomas | H e l e y as | dowress |
| as here inaf ter ment ioned | A n d whereas t h e | said | Michae l | H e l e y | duly |
| m a d e a n d executed his las t will and t e s t amen t in wr i t i ng bear ing | da te |
t h e th i rd day of M a y one thousand e ight hund red and seventy-nine whereby he devised and bequea thed all his p roper ty rea l a n d personal u n t o his chi ldren in equa l shares and he appointed J o h n M a g n e r a n d Thomas O'Connor Trustees and executors thereof A n d whereas t h e said tes ta tor died on the fourth day of M a y one t housand e ight h u n d r e d and seventy-nine wi thou t hav ing al tered or revoked his said
| wil l and leaving h i m surv iv ing two chi ldren and no more t h a t | is to |
| say M a r y Teresa and E l l en Clotilda H e l e y bo th infants | A n d | whereas |
| proba te of t h e said will was duly gran ted by t h e said Sup reme | Court |
| in | i ts ecclesiastical jur isdic t ion | on | t h e | th i r t i e th | day | of | J u n e | one |
| thousand e ight h u n d r e d and seventy-nine to t h e said executors | the re in |
n a m e d A n d whereas t h e said Alb ina He ley for t h e pas t e ighteen years has been and now is a n inmate of t he Hosp i t a l for t he I n s a n e a t G-ladcs- ville A n d whereas t h e said Alb ina He ley is ent i t led as one of t h e n e x t
| of k in of t h e said Thomas I l e l ey (subject | only to | t h e said r i gh t of he r |
| m o t h e r t h e said M a r y I l e l ey | as dowress) to | one-fifth | of t h e | fee-simple |
| of t he said lands and he red i t aments | A n d whereas | b y a n | order of t he |
| Supreme Cour t of N e w South W a l e s | in | its | l unacy | jur isdict ion | m a d e |
| t h e twen t i e th | day of F e b r u a r y | one thousand e ight hund red and | e ighty- |
| th r ee t h e | said Alb ina | I l e l e y was duly declared to be a person of | u n s o u n d |
m i n d and incapable of m a n a g i n g her affairs a n d E d w a r d Joseph l i u b i e a n d t h e said Thomas O'Connor were the reby duly appointed t he commi t tee of he r estate and leave was given to t h e m as such com mi t t ee to apply to t h e P a r l i a m e n t of N e w Sou th Wales for a n A c t to
| enable t h e m to sell t h e said lands and hered i taments | A n d whereas on |
| t h e dea th of t h e said Thomas | I l e l e y his | widow | t h e | said | M a r y | I l e l e y |
| became | ent i t led | du r ing he r | l ifet ime | to one- th i rd | of | t h e | ren t s | and |
| profits of t h e said lands and he red i t amen t s in respect of he r | dower |
A n d whereas she is desirous t h a t t he said lands and he red i t ament s should be sold and t h a t her r ight to dower should be satisfied and paid as hereinaf ter provided A n d whereas a t t h e date of t he i nden tu re of se t t l ement n e x t hereinaf ter men t ioned t h e said Michae l He l ey was also seized in fee-simple of t he lands and he red i t aments in Schedule P> here to annexed more par t icu lar ly described a n d set forth A n d
| whereas | by a n i nden tu re | of se t t l ement | made | the | twen ty - s ix th | day |
| of Apr i l one thousand | e ight | h u n d r e d and | seventy-five | be tween | t h e |
| said Michae l I l e l ey | of t h e first | p a r t | a n d | M a r y He ley his | wife | of |
t h e second p a r t and W i l l i a m A h e r n and J a m e s Sher idan the re in described as t h e said Trus tees of t h e th i rd p a r t in consideration of t h e s u m of t en shil l ings paid by t h e said Trus tees to t he said Michae l H e l e y and also for a n d in considerat ion of t he n a t u r a l love and affection which the said Michae l He ley had and bore towards his wife t h e said M a r y H e l e y a n d for divers o ther good a n d va luab le
| causes | a n d | considerations | h i m | t h e r e u n t o | mov ing | t h e | said | Michae l |
| H e l e y appoin ted g ran ted and released u n t o t he said | Trus tees | t h e | said |
| l ands and hered i taments in Schedule | B here to described to*hold u n t o |
| t h e said Trustees and the i r heirs to t h e use of t h e said Trustees | d u r i n g |
t h e n a t u r a l life of the said M a r y H e l e y u p o n Trus t to pay t h e r en t s issues and profits thereof u n t o such person or persons for such in ten t s and purposes and in such m a n n e r as t h e said M a r y H e l e y b y any
| wr i t ing | or wri t ings | u n d e r | he r h a n d | w h e n | a n d | as | t h e | same | should |
| become due b u t no t by way of a s s ignment charge or | ant ic ipa t ion |
| thereof | should no tw i th s t and ing he r t hen or any fu tu re | cover tu re | direct |
| and | appoin t and | in defaul t of any such direction or | a p p o i n t m e n t |
or
or so far as t h e same if incomplete should not ex tend into her proper h a n d s for her sole and separate use free from and independent of t h e debts control or engagements of a n y husband she m i g h t have and so t h a t he r receipt alone should be a good and sufficient discharge for t he same to any person or persons whomsoever and from a n d immedia te ly after t h e decease of t h e said M a r y He ley to t h e use of all and every t he chi ldren if more t h a n one of t he said Michae l He l ey and M a r y He ley the i r heirs and assigns for ever as t enan t s in common and not as jo int t enan t s and should the re be b u t one such chi ld t h e n to t h e use of such one or only child his or her heirs and assigns for ever a n d should there be no such child t h e n to t he use of t h e said Michae l He l ey his heirs and assigns for ever A n d whereas t h e said E d w a r d Joseph B u b i e and Thomas O'Connor are now t h e duly appointed Trustees of both t he said will of t h e said Michae l H e l e y and also of t he said se t t lement A n d whereas t he bui ldings erected upon the said parcels of l and described in t he Schedules A a n d B here to which are adjoining a l lo tments have been du ly condemned unde r t h e provisions of t h e City I m p r o v e m e n t A c t forty-second Victor ia n u m b e r twenty- l ive A n d whereas t h e said Trustees have no poAvcr u n d e r t h e said will or se t t lement c i ther to sell t h e said lands or to expend a n y t ru s t moneys in rebui ld ing the reon A n d whereas t he said lands are now whol ly unproduc t ive and it would be therefore expedient and great ly for t he benefit of t he persons beneficially in teres ted in t he said lands t h a t they should be sold Be it therefore enacted by the Queen 's Most Exce l len t Majes ty by a n d wi th t he advice and consent of t he Legis la t ive Council 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 b y the au thor i ty of t he same as follows :—
| 1. I t shall be lawful for thc | sa idEdward Joseph l l u b i e and Thomas |
O 'Connor or o ther t h e Trustees for the t ime being of t h e said will to sell and dispose of t h e lands and hered i taments specified in Schedule A hereto by publ ic auc t ion or p r iva te cont rac t and e i ther in one lot or in several as t h e y shall deem most expedient for such price or prices as can be reasonably had or obtained for t he same and when sold to convey t h e same or any p a r t or par t s thereof to t he pu rchase r or purchasers thereof in fee s imple freed and discharged from al l r igh t c la im estate and in teres t whatsoever in or to t he same and to receive
| t he purchase m o n e y | thereof. |
| 2. The proceeds of the sale of the said lands and | he red i t ament s |
comprised in Schedule A to this A c t or of any par t or par t s thereof
or other t h e Trustees for t he t i m e be ing of t he said will upon t rus t to shall be held by the said E d w a r d Joseph B u b i e and Thomas O'Connor
invest the same in the i r joint names in Government or real securities
in Grea t Br i t ian or in any of t h e Aus t ra l i an Colonies as t hey shall
| t h i n k | fit | and t h e dividends in teres t and income ar is ing therefrom | shal l |
be held by t h e m upon t ru s t to pay one- third thereof to t he said M a r y He ley widow of t h e said Thomas He ley du r ing her lifetime in satis faction and p a y m e n t of her said r i gh t to dower her receipt in wr i t ing
| to he a full discharge to t he said E d w a r d Joseph B u b i e and | Thomas |
| O'Connor in respect thereof | A n d subject to such satisfaction and |
p a y m e n t of dower as aforesaid upon t rus t to apply four-fifths of t he said dividends interest and income or such p a r t thereof as the said E d w a r d Joseph Bub ie and Thomas O 'Connor or o ther t he Trustees for t he t ime being of the said will shall t h i n k fit for t he ma in t enance and educat ion or otherwise for t he benefit of t he said M a r y Teresa H e l e y and El len Clotilda He ley and to lay out and invest t he su rp lus thereof (if any) in t h e aforesaid inves tments t he dividends in teres t and income thereof to be held a n d applied by t h e m upon l ike t rus t s as are herein before expressed concerning the dividends in teres t and income of t he said four-fifths share in respect of the said M a r y Teresa He ley and
| El len Clotilda He ley | A n d as to t he remain ing one-fifth | share of t h e |
| said | dividends . in te res t and | income | subject to t h e satisfaction a n d |
| p a y m e n t of dower as aforesaid upon t ru s t to app ly t h e same in | such |
| m a n n e r | as t h e | Mas te r | of | L u n a c y | shal l | direct for | t he | m a i n t e n a n c e | a n d |
otherwise for t he benefit of t h e said Alb ina He ley .
3 . I t shall also be lawful for t he said E d w a r d Joseph B u b i e and
| Thomas O'Connor or o ther t he Trustees for t h e t ime be ing of t h e | said |
inden tu re of se t t l ement wi th t h e consent in wr i t ing of t h e said M a r y H e l e y widow of Michae l He l ey deceased to sell and dispose of t h e lands and he red i t ament s specified in Schedule B here to e i ther b y pub l i c auc t ion or p r iva te con t rac t and e i ther in one lot or in several as t hey shall deem most expedient for such pr ice or prices as can be reasonably h a d or obta ined for t he same and w h e n sold to convey t h e same or a n y pa r t or par t s thereof to t he pu rchase r or purchasers thereof in fee simple freed and discharged from the t rus t s created by
| the | said i nden tu r e | of | se t t lement . |
4. I t shal l be lawful for t h e said E d w a r d Joseph B u b i e and
| Thomas O 'Connor or o the r t he Trus tees for t h e t ime be ing of | t h e said |
| i nden tu r e of se t t lement to invest t he proceeds of | sale of t h e lands a n d |
he red i t amen t s comprised in Schedule B or of a n y p a r t thereof upon t h e like inves tments as are hereinbefore provided in respect of t h e proceeds of t h e sale of t he lands and he red i t ament s comprised in Schedule A or in such of t h e m as the said E d w a r d J o s e p h B u b i e and Thomas O'Connor or t he Trus tees for the t ime be ing of t h e said inden t u r e of se t t lement shall t h i n k fit and the proceeds and the inves tments thereof shall be subject to t he t rus t s of t he said se t t lement so far as
| such t rus t s shal l be applicable | there to . |
5. The receipts in wr i t ing for t he purchase money of t he whole
| or any p a r t of t h e said lands and hered i taments comprised in bo th | t h e |
| said Schedules A and B signed by t h e said E d w a r d Joseph B u b i e | a n d |
| T h o m a s O 'Connor | or o ther t h e Trus tees for t h e t ime being of | t h e said |
will or se t t lement shall absolutely discharge t h e purchase r or pu r chasers of t he said lands and he red i t aments or any pa r t or par t s thereof from tho purchase m o n e y payable by h i m or t h e m respect ively and shal l exonerate h im or t h e m from seeing to t h e appl icat ion of t h e said purchase money and from all l iabi l i ty as to t he misappl ica
| t ion or non-appl ica t ion | thereof. |
| Al l t h a t piece or parcel of land s i tuate lying and being in t he parish of St. Phi l l ip city of Sydney county of Cumber land and Colony of N e w South "Wales and commencing a t a point on t h e bui lding-l ine of tho eas tern side of George-s t ree t a t i ts in tersec t ion with the sou the rn sido of Queen 's -p lace and bounded on the west by George-s t ree t a long said bui lding-l ine e ighteen feet bear ing souther ly on tho south by a lino bear ing eas ter ly pass ing par t ly t h r o u g h the cen t re of a wall for ty- three feet six inches to a lano eight feet wide on t h e east by t h a t lane bear ing nor the r ly twen ty- four feet six inches to Queen 's -place and on the no r th by said Queen ' s -p lace bear ing wester ly forty-four feet to the point of commencement . | S C H E D U L E | B. |
| Al l t h a t piece or | parcel of land s i tuate ly ing and be ing in tho par i sh of St . |
Phi l l ip city of Sydney county of Cumber land and Colony of N e w Sou th W a l e s and commencing a t a po in t on the eas te rn side of George-s t ree t e ighteen feet souther ly from Queen 's -place and bounded on the west by the building-line of said George-s t ree t bear ing souther ly sixteen feet seven and a qua r t e r inches on the south by a l ine bear ing easter ly for ty- three feet six inches to a lane e ight feet wide on the east by t h a t lano bear ing no r the r ly sixteen feet seven and a q u a r t e r inches and on tho n o r t h by lot one and a line passing par t ly t h rough tho cent re of a wall for ty- three feet six inches to t he
A n