Moffitt's Estate Leasing Enabling Act of 1884 No mel (NSW)

An Act to enable John Williams or other the Trustee or Trustees for the time being of the Will of William Moffltt deceased to lease certain portions of the real estate of the said William Moffitt deceased. [2nd

May, 1884.]

WH E R E A S Wi l l i am Moffitt late of Sydney in the Colony of New South Wales bookseller being at the t ime of his death seized and	possessed of among other lands the lands and hereditaments described in
the Schedule hereto duly made and executed his last will and testament dated the fifth day of June one thousand eight hundred and seventy-
three and thereby appointed John Wil l iams o f Sydney aforesaid Crown
Solicitor sole devisee in trust of all his real estate upon trust as to the lands and hereditaments described in the Schedule hereto for the testator's eldest daughter Elizabeth PrestonMarks wife of the Honorable John Marks Esquire of Darl ing Point near Sydney aforesaid for her
sole and separate use during her lifetime and f rom and after her death
upon the trusts in the said will declared concerning the same A n d whereas the said W i l l i a m Moffitt died on the thirty-first day of July one thousand eight hundred and seventy-four without having altered or revoked his last will and testament leaving the said Elizabeth Preston Marks h i m surviving A n d whereas the said will was on the twenty- seventh day of Augus t one thousand eight hundred and seventy-four proved in the Supreme Court of N e w South Wales b y the said John Wil l iams and the said Elizabeth Preston Marks the executor and executr ix respectively named therein A n d whereas the said last will and testament does not contain any power to lease or demise the said lands and hereditaments or to expend money in the erection of buildings upon the said land and the buildings n o w thereon are dilapidated and of little value A n d whereas the said lands and hereditaments can now be let on a bui lding lease for a ground rent exceeding the rents and profits at present received and upon favourable conditions as to building and other­ wise A n d it is desirable that the said John Wil l iams or other the trustee
or trustees for the time being of the said wil l should be empowered to
grant building leases or a lease of the said lands and hereditaments or of
any portion thereof for any period not exceeding thirty years the rents and issues thereof being received b y h im or them for the benefit of such person or persons respectively entitled thereto under the said will
A n d whereas the authority of the Legislature is necessary in the
premises B e it therefore enacted b y the Queen's Mos t Excel lent Majesty b y and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and b y the authority of the same as follows : —
1. I t shall be lawful for the said John Wil l iams or the Trustee or Trustees for the time being as aforesaid to grant a lease or leases of all or any o f the lands and hereditaments described in the Schedule hereto or of any of them or o f any part thereof for building purposes and for the term or terms not exceeding thirty years to take effect in possession and not in reversion nor by way of future interest so as
there be reserved in such lease or leases the best rent or rents that can
reasonably he obtained for the said lands and hereditaments or any of them or any part thereof without taking any premium or fine or fore- gift for the granting thereof and so as there he contained in every such lease proper and reasonable covenants and agreements by every such lessee for the due pavment of rent reserved thereby and a power of

of re-entry" for non-payment of such rent or for any breach of any of the covenants in the said lease or leases contained and so as the lessee

or respective lessees duly execute a duplicate or counterpart of such
lease or leases.
2. The said John Wil l iams or the trustee or the trustees for the t ime being as aforesaid shall pay the l'ents issues and proceeds o f the said lands and hereditaments to the party or parties entitled to the income profits or rent of the said lands and hereditaments under and
by virtue of the said wil l of the said testator.

3. This A c t mav be cited as the "Aloffttt's Estate Leasing

Enabl ing A c t o f 1881."'

THE SCHEDULE.

All that piece or parcel of land situated at Sydney in the parish of Alexandria county of Cumberland and Colony of New South Wales be the hereinafter mentioned several dimensions a little more or less being lot seventeen section eighteen Sydney sections Commencing at the intersection of the north-eastern side of Greorge-street with the north-western side of Bathurst-street thence on the south-east by Bathurst-street bearing north eighty-five degrees twenty-one minutes east distance one hundred and thirty-four feet one inch thence on the north-east by a line running along the side of a brick wall bearing north four degrees thirty minutes west distance eighty-six feet four inches thence on the north-west by a line running along a brick wall fence and brick wall bearing south eighty-nine degrees west distance one hundred and thirty-one feet nine inehostoGleorge-strcet thence on the south-west by that street bearing south threedegrees east distance ninety-four feet six inches to the point of commencement.