An Act to authorize the Trustees of the Marriage Settlement of Mrs. Sophia Mary Hill formerly Sophia Mary Atkinson to sell mortgage and lease certain lands in the village of Collingwood near Liverpool in the Colony of New South Wales and to invest the proceeds thereof. [19th Decem ber, 1881.]
| WH E R E A S | year | of our Lord one thousand e ight h u n d r e d and | fifty-eight |
| by a n i nden tu r e dated t h e | first | day of M a r c h | in | t he |
and m a d e be tween J a m e s H e n r y Atk inson thereinaf ter styled t h e settlor of the first pa r t Rowland Brodhurs t H i l l of t he second par t Sophia M a r y Atk inson now Sophia M a r y H i l l of t h e th i rd pa r t a n d
| Thomas Blacke t t | Stephens and E d w a r d W r e n c h thereinafter | styled the |
Trustees of t h e four th pa r t rec i t ing t h a t a marr iage was in tended short ly to be solemnized between the said Bowland Brodhurs t H i l l and the said Sophia M a r y Atk inson and upon the t r ea ty for t he said mar r i age it h a d been agreed between the part ies there to t h a t the lands and hered i taments set forth and described in t h e Schedule to th is A c t whereof or where to t he sett lor was seized and possessed or well ent i t led in fee simple should be conveyed and sett led as there inaf ter contained the set t lor granted sold aliened and released u n t o t h e Trustees and their heirs all t he lands t enemen t s and hered i taments set forth and described in t h e said Schedule here to to hold t he same to the Trustees the i r heirs a n d assigns for ever to t he uses and upon the t rus t s and for t he in ten t s hereinafter declared and expressed concerning t h e same t h a t is to say to the use of t h e sett lor his heirs and assigns u n t i l t he solemnization of t he
| said t h e n in tended mar r i age and immedia te ly thereafter to t he use of | t he |
| Trus tees the i r heirs and assigns upon t r u s t a t the i r discretion e i ther | to |
| receive and pay to t he said | Sophia M a r y A t k i n s o n or to pe rmi t her to |
receive d u r i n g t h e t e r m of he r na tu r a l life t he ren t s and profits of t he the reby released lands t enemen t s hered i taments and premises subject to cer ta in deduct ions for p r e m i u m s of insurance and the costs of necessary repairs if any such paymen t to t h e said Sophia M a r y Atk inson by the Trustees or such receipt by herself to be to and for her own sole and separate use free f rom the control debts or engagemen t s of he r said in tended or any fu ture husband and every such paymen t to be made to he r sole receipt no twi ths t and ing cover ture and from a n d immedia te ly after t h e dea th of t he said Sophia M a r y Atk inson upon t h e following t rus t s respectively according to t he several states of c i rcumstances there inaf ter ment ioned t h a t is to say if the said Sophia M a r y Atk inson should have lawful issue of the said in tended or any fu tu re mar r iage b u t no h u s b a n d her surviving t hen in t r u s t for such issue equal ly share and share al ike upon their respectively a t t a in ing the age of twenty-one years w i th benefit of survivorship if a n y should die under t h a t age A n d if t h e said Sophia M a r y A tk in son should leave any such issue and also a h u s b a n d he r surv iv ing t h e n in t rus t for and among such issue in m a n n e r and subject to the provisions aforesaid in t h a t behalf b u t wi th t h e deduct ion by the Trustees a n d the i r payment to such husband for his n a t u r a l life of so m u c h of t he rents and profits aforesaid as should be equivalent to one equa l share calcula ted on t h e footing of such
| husband tak ing share and share al ike wi th such issue Provided t h a t |
t h e a m o u n t so paid to such husband should in no one year exceed the s u m of five hund red pounds and t h a t t h e surplus of his calculated share if any over t he said sum should fall into division share and share a l ike a m o n g such issue A n d if t he said Sophia M a r y A tk in son should die w i t h o u t lawful issue or if leaving any all such issue should die unde r t h e age of twenty-one years t h e n to t h e use of t he chi ldren as jo in t t enan t s or of t he child if only one t hen l iving of t h e sett lor the i r or his heirs or assigns for ever A n d if no chi ld t h e n l iv ing t h e n to t h e use of t h e sett lor his heirs a n d assigns for ever A n d i t was the reby agreed and declared t ha t t he Trus tees should after t he dea th of t h e said Sophia M a r y A tk in son have full power and discretion to appropr ia te to t he suppor t ma in tenance and educat ion of any or al l of such issue as aforesaid or if none such or upon failure as aforesaid t h e n if any and every such child of t h e sett lor t he whole or such pa r t of the Trustees should deem necessary or proper of t he ren t s and profits of t he respective p resumpt ive shares of such issue or of such chi ldren d u r i n g the i r respective minori t ies A n d t h a t t h e Trustees
| should have all necessary | powers | of m a n a g i n g | and le t t ing b u t in no |
| case for | a longer t e r m t h a n th ree years t h e thereby released heredi ta |
men t s and premises A n d it was the reby fu r ther agreed and declared t h a t t h e word Trus tees wherever there in used should ex tend and apply to t h e survivor of t h e Trustees there in n a m e d ei ther alone or jo in t ly w i th any new Trus tee to be appointed as there inaf ter ment ioned a n d also to any and every s u c h new Trus tee and also du r ing any and every ent i re vacancy of t h e t r u s t b u t no longer to t h e executors or adminis t ra to rs of t h e last surv iv ing Trus tee A n d t h a t upon any and every vacancy in t he t rus t by t h e dea th res ignat ion refusal to ac t residence out of the Aus t r a l i an Colonies or absence theref rom for twelve m o n t h s insolvency or o ther inabi l i ty or incapaci ty to act of any Trus tee i t should be lawful for t he said Sophia M a r y A t k i n s o n if l iv ing or for t h e con t inu ing or surv iv ing or re t i r ing Trustee or Trustees or if none such t h e n for t he executors or adminis t ra tors of t h e last surviving Trus tee by any i n s t r u m e n t in wr i t ing unde r he r his or the i r h a n d or hands to appoin t a new Trus tee or Trustees who should the reupon a n d by v i r tue of such i n s t r u m e n t and wi thou t other assurance in the law become and be invested wi th all t he estate and interes t uses t rus t s powers and authori t ies the reby vested in t he Trustees the re in named as fully and effectually as if such new Trus tee or Trustees had been so the re in named A n d whereas t he said Sophia M a r y Atk inson (hereinafter called Sophia M a r y Hi l l ) on t he second clay of M a r c h in t h e year of our Lord one
| t housand | e igh t | h u n d r e d | and | fifty-eight | in te rmarr ied | wi th | t he | said |
| Rowland Brodhurs t H i l l and the re are issue of such mar r iage l iving |
A n d whereas t h e said Rowland Brodhurs t H i l l died on t h e twen ty - first day of September in t he year of our Lord one t h o u s a n d e ight h u n d r e d and seventy- three A n d whereas t h e said Thomas Blacke t t S tephens died on t h e twenty-s ix th day of A u g u s t in t he year of our L o r d one thousand e ight h u n d r e d and seventy-seven A n d whereas
| t he | said E d w a r d W r e n c h in | t h e | m o n t h | of November | in | t h e | year of |
| our Lord one thousand e ight hund red and s ix ty re t i red from t h e | said |
| t rus t s | A n d | whereas | t h e | said | Sophia | M a r y | H i l l | by | an | i n s t r u m e n t |
| in wr i t ing unde r he r h a n d duly appoin ted | Joseph Atk inson | Holds - |
| wor th | and | H e n r y | M o n c u r | A tk in son | Trustees | of | t h e | said | i nden tu re |
of se t t l ement A n d whereas t h e said i nden tu re does no t empower t he Trustees to sell or mor tgage or demise except as aforesaid for t h e period n o t exceeding th ree years t he said lands and he red i t aments in t h e said schedule here to set for th and described A n d whereas it would be advisable and of grea t advan tage to all par t ies interested in t he said lands t h a t powers to sell mor tgage and lease for a longer period t h a n th ree years t he said lands and hered i taments should be conferred on
t he Trus tees for t he t ime being of the said i nden tu re of se t t lement for t h e benefit of t he persons interested unde r t h e said inden tu re of se t t l ement a n d t h a t t he proceeds of t he sale of such of t h e lands and hered i taments as should from t ime to t ime be sold and the moneys raised b y mor tgage of such of t he said l ands and hered i taments as should from t ime to t ime be mor tgaged and the in teres t thereof and the rents a n d profits ar is ing from the lease of such of t he said lands and he red i t aments as should from t ime to t ime be leased should be held in t r u s t for the par t ies interested in the said lands and heredi taments according to the i r respect ive estates and interests there in A n d whereas t h e said objects cannot be a t ta ined wi thou t an Ac t of t h e Legis la ture Be i t therefore enacted by t h e Queen ' s Most Exce l len t Majesty by and wi th the advice and consent of t he Legislat ive Council and Legislat ive Assembly of N e w South Wales in Pa r l i amen t assembled and by the au thor i ty of t he same as follows :—
1. I t shall be lawful for t he said Joseph Atk inson Holdsworth
| and H e n r y M o n c u r A tk inson | or t he | Trustees or | Trustee for | the t ime |
be ing of t h e said i nden tu r e of se t t l ement hereinbefore referred to to sell and absolutely dispose of all and s ingular the said lands and he red i t amen t s set forth and described in t h e Schedule to this A c t or
| any or e i ther of t h e m or any p a r t | of t h e same by publ ic | auc t ion | or |
pr iva te cont rac t e i ther in one or more lot or lots and in such m a n n e r general ly and upon and subject to such te rms and conditions as t he said Trus tees or Trus tee shall deem expedient wi th power to b u y in t h e said lands and he red i t amen t s or any or e i ther of t h e m or any pa r t thereof a t any sale by auct ion and to rescind or vary any con t rac t for sale e i ther on t e rms or g ra tu i tous ly and to re-sell w i thou t be ing responsible for any loss occasioned thereby and upon any sale or sales to convey t h e land so sold to t h e purchaser or purchasers thereof his he r or the i r heirs and assigns or as such purchaser or purchasers m a y direct freed and discharged from all t rus t s affecting t h e same and the receipts in wr i t ing of the said Trustees or Trus tee for the purchase money of any lands and he red i t ament s so sold shall be full and sufficient d ischarges to any purchasers from the same and f rom be ing
| bound to see to t h e appl icat ion of t he | same and from any l iabi l i ty for |
| t he loss non-appl ica t ion | or misappl ica t ion | of t h e | same or any | p a r t |
| thereof. |
2. I t shall be lawful for the said Trustees or Trustee to allow
any purchaser or purchasers credit for t he p a y m e n t of t he whole or
pa r t of his he r or the i r purchase money u p o n such t e rms as to in teres t
or otherwise and general ly as t he said Trus tees or Trus tee may deem
reasonable and expedient Provided t h a t t h e land in respect of which
such credi t shall be given shal l r e m a i n unconveyed or shall by a proper mor tgage w i t h full powers of en t ry and sale and o ther usua l and proper provisions be made a secur i ty for t he p a y m e n t of t h e purchase money r ema in ing unpa id Provided fur ther t h a t in t h e event of any such securi ty be ing t a k e n t h e vendors l ien for t h e said purchase money and every pa r t thereof shall no t be the reby affected or lost.
3 . I t shall be lawful for t he said Trustees or Trus tee from t ime to t ime for t he purpose of ra is ing any sum or sums of money which in the i r or his opinion it may be desirable to bor row for t h e purpose of erect ing a n y bui ld ings or repa i r ing or re -bui ld ing any
| exis t ing | bui ldings u p o n | or otherwise | improv ing any pa r t or par t s of |
t he lands and he red i t ament s set for th and described in t h e Schedule here to to execute any mor tgage or mor tgages in fee or for any t e r m or t e rms of years of such par t or par t s of t he said l ands and heredi ta men t s wi th power of sale and all o ther usual powers provisions and covenants Provided t h a t no person who shall advance money upon t h e securi ty of any mor tgage purpor t ing to be made under t h e power
hereby
hereby given shall be bound to enqui re as to t he advisabi l i ty or propr ie ty of t h e rais ing of such money w h e n raised or advanced and t h e receipt of t h e said Trustees or Trus tee for t he moneys so advanced shal l effectually discharge t h e person advanc ing t h e same from a n y
| l iabi l i ty in respect of t he non-appl ica t ion | or misappl ica t ion | thereof. |
4. I t shall be lawful for t he said Trus tees or Trustee from t ime to t ime by deed or wr i t ing to demise and lease all or any pa r t of t he said lands and he red i t aments to any person or persons for a n y t e r m of years no t exceeding twenty-one years to t ake effect in possession a t t h e best year ly r e n t t h a t can be reasonably obta ined for t h e same w i t h o u t
| any fine p r e m i u m or foregift | A n d also from t ime to t ime by deed | to |
demise and lease any par t of t h e said lands a n d he red i t aments to a n y person or persons who shall covenant to improve t h e same by repa i r ing any bui ld ing or bu i ld ings now s tand ing or which shall hereafter be s t and ing on any par t of t he land the reby leased or by erec t ing or bu i ld ing any house or houses bu i ld ing or bu i ld ings on such land or any p a r t thereof or by otherwise expend ing in improvemen t such moneys as shall be deemed b y t h e said Trustees or Trus tee adequate to t he interest to be par ted wi th b u t so t h a t every lease unde r th i s las t -ment ioned power shall be for a t e r m no t exceeding fifty years to t a k e effect in possession or w i th in one year from the da te thereof and shal l be a t such ren t as t he said Trustees or Trus tee shall hav ing regard to t h e t e rms and condit ions of such lease t h i n k reasonable and
| proper | so however | t h a t | no th ing be t a k e n by way of | fine | p r e m i u m or |
foregift Provided t h a t every i nden tu re of lease made unde r t he provisions of th is section shall conta in a covenant by the lessee to pay t h e r en t the reby reserved and for insurance against fire of any bu i ld ing erected or to be erected on the land the reby demised and also a condi t ion of re -ent ry on non-payment of r en t w i th in a t i m e to be
| the re in specified a n d so also t h a t a coun te rpa r t of such lease | be |
executed by t h e lessee A n y lessee pay ing any r e n t reserved b y any such lease to t h e said Trustees or Trus tee shall n o t be bound to see to t h e appl icat ion thereof and shall be free from all l iabil i ty for t h e non-
| appl icat ion or misappl ica t ion of | t h e same or any p a r t | thereof. |
5. The said Trustees or Trustee shall s tand seized and possessed
| of t h e said lands and hered i taments or of such port ion thereof | as m a y |
from t i m e to t i m e remain unsold subject to any leases g ran ted and to a n y o ther estates r igh t s or interests created unde r t h e au thor i ty of this A c t u p o n t h e t r u s t s and subject t o t h e provisions in t h e said i nden tu re of se t t l ement expressed and declared concerning t h e same respectively
| he red i t amen t s shall s tand possessed of t he moneys ar is ing f rom such | A n d from and after t h e sale of any por t ion of t he said l ands a n d |
| sale upon t r u s t in t he first place to pay all costs a n d expenses of and inc identa l to t h e p rocur ing and pass ing th is A c t and also of all deeds |
| i n s t rumen t s acts deal ings and proceedings subsequent ly to t he | pass ing | |
| of th i s A c t | executed | signed | done or u n d e r t a k e n | for | t h e | purpose of | |
| enabl ing t h e said Trustees or Trus tee to car ry out advantageous ly | a n y | |
| sale hereby au thor ized | A n d | in | t h e n e x t | place to pay a n d satisfy all | |
| costs and expenses incurred in and abou t t he said sale | A n d after such | |
| p a y m e n t as aforesaid u p o n t r u s t t o invest t he ne t surplus of such moneys in any debentures or Gove rnmen t securi t ies of any k ind of a n y of t h e Colonics of N e w Sou th W a l e s Victor ia or Queens land or upon freehold securit ies in t he said Colony of N e w Sou th Wales or upon deposit a t in te res t in a n y b a n k ca r ry ing on business in t he said last- men t ioned Colony wi th power from t ime to t i m e a n d a t any t i m e to vary or t ranspose a n y such inves tmen t or secur i ty in to or for any |
| o ther i nves tmen t or securi ty of | t h e k ind hereby authorized. | |
6. The said Trus tees or Trus tee shall s tand possessed of such
| produce | ar is ing therefrom | and also of t h e n e t r en t s ar is ing from | and |
payable u n d e r any lease m a d e u n d e r t he au tho r i t y of th i s A c t u p o n such t rus t s and wi th and subject to such powers provisions and declarat ions as shal l as near ly correspond wi th t h e uses t ru s t s provisions a n d declarat ions in t h e said inden tu re of se t t l emen t expressed and conta ined concern ing t h e said l ands and he red i t amen t s or any p a r t or p a r t s thereof respect ively or such of t h e m as shall be subsis t ing or capable of t a k i n g effect as t h e different n a t u r e and qual i ty of t he
| premises and t h e ru les of law a n d | equi ty will admi t | P rov ided | t h a t |
i t shal l be lawful for t he said Trus tees or Trus tee a t any t ime or from t i m e to t i m e to apply t he whole or any pa r t of t he r en t s and profits of any por t ion or port ions of t h e said l ands and he red i t amen t s in and
| towards | p a y m e n t or in a n d towards provid ing | a s inking fund for t h e |
| p a y m e n t | of | t h e pr inc ipa l and in teres t due or owing on t h e secur i ty of |
| a n y | m o r t g a g e | or mor tgages | of such por t ion | or port ions executed | u n d e r |
t h e power here in contained.
7. I t shal l be lawful for t he said Trus t ees or Trus tee to m a k e and
| a l te r and | concur in t h e m a k i n g and a l te r ing of any roads s t reets or |
| ways on and over any par t or pa r t s of t h e said lands and | he red i t amen t s |
A n d also to erect m a k e and car ry out and concur in t h e e rec t ing m a k i n g a n d carrying out of any walls sewers drains watercourses or o ther works which m a y in t h e discretion of t h e said Trus tees or Trus tee conduce to t he be t t e r l ay ing improving or sell ing of t h e said lands and he red i t amen t s or t h e convenience and en joyment of those persons who shall have purchased or shal l pu rchase any p a r t thereof The costs of any such works on t h e p a r t of t h e said Trus tees or T rus t ee or the i r propor t ion of any costs for such works a n d any costs a n d expenses of and inc identa l to t h e b r i ng ing of t he said lands and
| he red i t amen t s | or | any p a r t | thereof | u n d e r | t he | provisions of t h e | I l ea l |