Moorebank Estate Act 1886 No mes (NSW)

An Act to enable t he Bishop of Sydney to lease or sell t h e lands k n o w n as t h e Moorebank Es ta te and to convey port ions of the said lands to the Commissioner for Rai l ways and for the other purposes

there in ment ioned. [1st July, 1 8 8 6 ]

W H E R E A S by an inden tu re of release dated t h e second day of

J a n u a r y one thousand e ight h u n d r e d and th i r ty -n ine and

made be tween Thomas Moore of t he one par t and the R i g h t Reverend

Wi l l i am Gran t Brough ton Doctor of Div in i ty Bishop of Aus t ra l ia of t he o ther pa r t a deed of ba rga in and sale for a year hav ing been made be tween t h e same par t ies on t he day before t h e execut ion of the said inden tu re of release t he lands ment ioned and described in t h e Schedule here to and k n o w n as t h e Moorebank E s t a t e were g ran ted and released by the said Thomas Moore to the said Bishop of Aus t ra l i a and his successors Bishops of Aust ra l ia be ing Pro tes tan t s of t h e Uni t ed

Colony the owners of lands t h r o u g h which the l ine of such rai lway would pass should convey the por t ions of land requi red for the purpose of

Church of E n g l a n d and I re land as by law established upon cer ta in

t rus t s in t h e said i nden tu re of release expressed and declared A n d whereas the said inden tu re contains no power of sale and no powers of g r a n t i n g bu i ld ing or improv ing leases A n d whereas t h e said lands a re now by law vested in t he Mos t Reve rend Alfred Ba r ry Doctor of Div in i ty Bishop of Sydney hereinaf ter called t h e said Trustee upon the t rus t s expressed and declared in t h e said i nden tu r e A n d whereas t he said lands have great ly increased in value b u t t h e ren t s and profits derived from l e t t i ng t h e same on leases for short t e rms produce only

a small income in comparison wi th such value	A n d whereas i t has
been proposed t h a t in order to induce	t he Gove rnmen t of N e w South

W a l e s to cons t ruc t a ra i lway from St. Peters to Liverpool in t he said

of cons t ruc t ing and ma in t a in ing such ra i lway to t he Commissioner for

Ra i lways w i t h o u t any p a y m e n t or compensat ion in respect thereof

A n d whereas t h e l ine of t he said rai lway if cons t ruc ted m a y pass

t h r o u g h the said lands k n o w n as Moorebank A n d whereas i t is expe­ dient t h a t t he said Trus tee should be empowered in t h e event of such ra i lway so pass ing t h r o u g h the said land to convey wi thou t considera­ t ion to t h e Commissioner for Ra i lways such port ions of land as m a y be requi red for t h e purposes of such ra i lway A n d whereas i t is also exped ien t t h a t power should be g iven to sell t he said lands and here­ d i t amen t s a n d to g r a n t bu i ld ing a n d improv ing leases of t he same a n d to dedicate por t ions of t he said lands as t h e sites for roads schools churches and parsonages reserves for recreat ion and publ ic purposes and otherwise wi th a view to t he improvemen t of t he estate and the accommodat ion of t h e lessees and purchasers thereof A n d whereas

t he said powers cannot be obta ined wi thou t t h e assistance of Par l ia­

m e n t	Be i t therefore	enac ted	by t h e Queen ' s Mos t Exce l l en t	Majes ty
by a n d wi th t h e advice	and	consent	of t h e Legis la t ive	Counci l a n d
Legis la t ive	Assembly of	N e w South "Wales	in P a r l i a m e n t	assembled

and b y the au tho r i t y of t h e same as follows :—

1. I t shall be lawful for t h e said Trus tee to convey and release in fee-simple to t he Commissioner for Rai lways for and on behalf of H e r Majes ty w i t h o u t any p a y m e n t or compensat ion for the same any por t ion of t he lands men t ioned and par t icu la r ly described in t he Schedule here to which m a y be r e sumed by such Commissioner for any ra i lway and which such Commissioner is author ized to t a k e com-

pulsori ly u n d e r t h e powers conferred b y the A c t passed in t h e twen ty -

second year of t h e re ign of H e r present Majes ty a n d in t i tu led " An

Act to make more effectual provision for the construction by the Govern­ ment of Railways in the Colony of New South Wales and for the
regulation of the same" and u p o n any such conveyance t he lands t he r eby conveyed shall be freed and discharged from all the t rus t s of t h e said i n d e n t u r e of t he second day of J a n u a r y one t housand e ight

h u n d r e d a n d th i r ty -n ine affecting t h e same.

2. I t shall be lawful for t he said Trus tee to lease ei ther t h e whole or a n y pa r t of t h e said lands to any person or persons who shall covenant to improve the same by erec t ing the reon any new house or houses bu i ld ing or bui ldings or by repa i r ing or rebui ld ing any of t he houses or bui ldings wh ich are now or shall hereafter be standing? the reon or by otherwise expend ing in improvements such moneys as shal l be deemed adequa t e to t he in teres t to be par ted w i t h for any

t e r m of years not exceeding n ine ty -n ine years to t ake effect in possession	and no t in reversion nor by way of future in teres t so as the re be
reserved in every lease m a d e u n d e r th is power t he best or most improved year ly r e n t t h a t can be reasonably obtained h a v i n g regard to t h e
n a t u r e of t h e covenants en te red in to by t he lessee w i t h o u t any fine
foregift or o ther p a y m e n t of a l ike na tu r e for t h e m a k i n g thereof and
so t h a t t he r e be conta ined in every such lease a condit ion for re -ent ry b y t he said Trus tee for non -paymen t of r e n t or non-observance or non­ per formance of the covenants there in conta ined wi th in a reasonable t i m e to be the re in specified and so t h a t t h e lessee do execute a counter ­ p a r t of such lease and do thereby covenant for p a y m e n t of t h e r e n t the reby reserved and be no t by a n y express words there in m a d e dispunishable for waste .

3. I t shall be lawful for t h e said Trus tee to sell and dispose of

t h e said lands or any p a r t or pa r t s thereof e i ther toge ther or in

parcels and e i ther a t pub l i c auc t ion or by pr ivate cont rac t and a t such t ime or t imes a t such price or prices and subject to such t e rms and condit ions of sale as to t i t le t ime a n d m a n n e r of p a y m e n t and other­

wise howsoever and general ly in such m a n n e r as t h e said Trus tee shall

deem

deem expedient w i th power to b u y in a t any sale and to rescind or va ry any cont rac t for sale and to resell w i t h o u t be ing liable for any loss which m a y be occasioned by such rescission var ia t ion or resale and to convey t h e said land or any par t or pa r t s thereof when sold to t h e purchaser or purchasers freed and discharged from all t he t rus t s of t he said i nden tu re of the second day of J a n u a r y one thousand e ight hund red and th i r ty -n ine A n d the receipts in wr i t ing of t h e said Trustee for t h e purchase moneys of any land sold unde r th i s power shall effectually d ischarge t h e person pay ing such moneys for t he same and f rom seeing to t he appl icat ion thereof and f rom all l iabil i ty as to t h e mis-appl icat ion or mis-appropr ia t ion thereof Provided t h a t so long as any por t ion of t h e purchase money payable for any l and sold unde r this power shall be unpa id such land shall r emain unconveyed or be otherwise rendered a secur i ty for t he unpa id purchase money toge ther w i th t h e interest thereon un t i l the same shal l have been paid.

4s. The p resen t occupants of t he said proper ty shall be ent i t led

to compensat ion for improvements erected or made by t h e m or by the previous t enan t s whose interests they have purchased before t h e first day of Apr i l one thousand eight hundred and eighty-s ix such compen­ sat ion to be ascertained by arb i t ra t ion in t h e u sua l way Provided t h a t no such occupant shall be ent i t led to compensat ion u n t i l his present

occupat ion shall be te rmina ted .

5. I t shall be lawful for t h e said Trus tee to appropr ia te and

dedicate any pa r t or par t s of t he said lands and he red i t ament s not

be ing at the t ime of such appropr ia t ion u n d e r lease for t h e site of any chu rch parsonage or school-house or for any purpose connected w i t h religious worsh ip or educa t ion or for gardens or g rounds used in con­ nect ion with such chu rch parsonage-house or school or for any ways streets squares avenues passages sewers reserves for recreat ion and publ ic purposes or otherwise for t he general improvement of t he estate and t h e accommodat ion of t he lessees t enan t s occupiers and purchasers thereof as shal l to t he said Trustees seem desirable.

6. T h e said Trustee shal l s tand possessed of t he ren t s and profits of any lands leased by h i m unde r the powers here in contained upon the same t rus t s as are by t h e said inden tu re of t h e second day of J a n u a r y one thousand e ight h u n d r e d and th i r t y -n ine declared of and concerning t h e r en t s and profits of the lands which shall be so leased or upon such

of the said t rus t s as shall be subsist ing and capable of t a k i n g	effect.
7. The said Trus tee shall s tand possessed of the moneys arising from any sale u n d e r t h e	powers here in contained upon t rus t to invest
t he same; in the purchase of o ther freehold lands or upon Gove rnmen t

or freehold securi ty in t h e Colony of N e w South Wales and shall s tand possessed of such inves tments u p o n t r u s t to apply t he ren t s issues or profits or t h e interest or income as t h e case m a y be upon such and the same t ru s t s as are by t h e said i nden tu re of t he second day of J a n u a r y one thousand eight hundred and th i r ty -n ine declared of and concern ing the ren t s and profits of t h e lands so sold or such of t h e

said t rus t s as shall be subsist ing and capable of t a k i n g effect.

8. The powers hereby conferred upon t h e said Trustees shall be
exercisable by the Trustees or Trus tee for t h e t ime be ing of t he said

inden tu re of t he second day of J a n u a r y one thousand eight hund red

and th i r ty -n ine .

9.    This A c t m a y be cited as t he " Moorebank E s t a t e A c t 1886 ."

T H E

T H E S C H E D U L E .

FIRST PART.

Seven h u n d r e d and fifty acres of land lying and si tuate in t h e distr ict of Banks -

town bounded on the sou th side by an east line of one hundred and sixteen chains th i r ty l inks on the eas t by a n o r t h l ine of sixty-two chains seventy l inks to Richards ' south-eas t corner a long Richards ' back l ine west eleven degrees south t en chains t w e n t y l inks t h e n west seventeen chains th i r ty l inks to Mitchel l ' s south-wes t corner a long Mitchel l ' s l ine nor th to t he r iver which is to be t he bounda ry on no r th and wes t sides The said seven h u n d r e d and fifty acres of land to be known by t h e name of Boyte ' s Pla ins .

Fifty acres of land s i tua te a t Liverpool originally g ran ted by the Crown to one

Wi l l i am	Mitchel l .
Sixty acres of land lying and s i tuate in the dis t r ic t of Banks town and bounded on the west side by Mi tche l l farm	The said sixty acres of land to be k n o w n by the
n a m e of Richards '	farm.

Fifty-five acres of land lying and s i tua te in t he dis t r ic t of Banks town bounded

on the south by a l ine east eleven and a half degrees nor th th i r teen chains fifty l inks from Richards ' corner on t he east by a nor th line of fifty-five chains on t he no r th by the river and on the west by Richards ' farm.

One hundred and fifty acres of land lying a n d s i tuate in t he distr ict of B a n k s -

town and bounded on the no r th side by Clinch farm a n d on the south side by Anglo

farm.

One h u n d r e d and for ty acres of land lying and s i tua te in t he distr ict of Banks -

town and bounded on the n o r t h side by Bramwel l farm and on the south side by Wix-

stead farm.

Two hundred and sixty acres of land to be known by the name of "Wixstcad

farm lying and si tuate on the banks of George ' s River in t h e distr ict of Banks town and

bounded on the sou th side by H e a t y farm.

Six h u n d r e d acres of land lying and s i tua te in t he distr ict of B a n k s t o w n bounded

on the west side by Cunn ingham and M o o r e farms bea r ing south fifty-three chains west eleven degrees south th i r t een chains fifty l inks and south s ixty-two chains seventy l inks on t he south side by an east l ine of twenty-e ight chains to Rowley 's farm on the east side by seven chains ten l inks of t h a t farm M'Cal lam Wixs t ead Angel l Bramwel l and

Clinch farms	on the n o r t h side by Rowley J o h n s t o n Andlezack and I k i n farms and
George ' s River	To be called Thomas farm.

SECOND PART.

Three hundred and eighty-five acres of land lying and s i tua te in t he distr ict of Holdswor thy bounded on t h e no r th side by an east l ine of forty-eight chains (com­ mencing at t he south-eas t corner of h i s—T. Moore ' s—presen t Turnbu l l farm) on the east by a south l ine of eighty-four chains on the south by a west l ine of for ty-e ight chains and on the west by a nor th line of e ighty- four chains covering his p resen t Boi ts

and Na than i e l f a rms To be called Bachael farm.

One hundred and sixty acres of land lying and s i tua te in t he distr ict of Banks - town bounded on the n o r t h side by h i s—T. M o o r e ' s — T u r n b u l l farm bear ing east on t he east by a sou th l ine of twen ty -n ine chains on t h e south by a west line to George ' s River and on the west side by t h a t river A road one chain wide reserved on t h e n o r t h

side To be known by the name of Na than ie l farm.

O n e h u n d r e d and sixty acres of land lying and s i tua te in t h e distr ict of Banks -

town bounded on t h e nor th side by his—T. M o o r e ' s — H u d s o n farm bea r ing east fifty-nine chains on the east by a south l ine of twen ty-e igh t chains on t h e south by a west l ine to George ' s River and on the west side by t h a t r iver A road of one chain wide on the

north side To be known by the name of T u r n e r fa rm.

One hundred and sixty acres of land lying and s i tua te in t he distr ict of B a n k s -

town bounded on the n o r t h side of h i s—T. M o o r e ' s — C l a r k e farm bear ing east seventy- six chains on the east by a south l ine of twen ty - th ree chains on t he sou th by a west l ine

of fifty-nine chains to George's River and on the west side by t h a t r iver To be known

by the name of H u d s o n farm.

One h u n d r e d and sixty acres of land lying and s i tua te in t he dis t r ic t of Banks -

town bounded on the no r th side by h is—T. Moore ' s—Turne r farm bear ing east on t he

east by a south line of twenty-e igh t chains on t he south by a l ine west to George 's	River
and on the west side by tha t r iver	To be known by the name of T u r n b u l l farm.

Two h u n d r e d acres of land lying and s i tua te in the dis t r ic t of Banks town bounded

on the n o r t h side by Bul l ' s farm bear ing east for ty chains fifty l inks and no r th f o u r t e e n chains thence by Moore ' s p resen t farm bear ing east th i r ty-s ix chains fifty l inks on tho

east side by a south l ine of thirty-five chains on the sou th by a west l ine of seventy-six
chains to George's River and on the west side by t h a t r iver To be known by the n a m e

of Clarke farm.

P i f ty acres of land ly ing and s i tua te in the dis t r ic t of Banks town bounded on tho

no r th side by an east l ine of th i r ty -e igh t chains on t he south-east side by a sou th l ine of four teen chains on the south by a west l ine of forty chains fifty l inks to George ' s R ive r

and on the west by that r iver dividing it f rom Guise 's farm.

Three

Three hundred acres of land lying and s i tua te in t he dis t r ic t of Banks town bounded on the no r th side by Fryar ' s farm and a cont inued cast l ine being sixty-two chains from the river on the cast by a l ine south of forty-seven chains t w e n t y l inks on the south by a west line to t h e river bounding Bull 's farm and on the west side by the

r iver Reserv ing a road of one chain wide on the south side
E igh ty acres of land lying and s i tua te in the distr ict of Banks town bounded on

the no r th side by forty-nine chains twen ty l inks of Mr . Moore ' s g ran t bear ing east on the eas t side by a south line of eighteen chains fifty l inks on the south by a west lino of fifty chains eighty links of George 's River and on the west side by tha t r iver A road of one hundred feet wide reserved on the no r th side.

Two hundred and sixty acres of land lying and s i tuate in t h e dis t r ic t of Banks - town bounded on the south side by Bramwel l farm and on the no r th side by George ' s River The said two hundred and sixty acres of land to be known by t h e name Clinch farm.

One hundred and sixty acres of land lying and s i tua te in t he distr ict of Banks -
town bounded on the no r th side by his (T. Moore ' s ) Na than i e l farm bear ing eas t on the

east side by a south line of twenty-e igh t chains on the south by a west line to George ' s

River and on the west side by t h a t river To be known by the name of Boi t ' s farm.

STEP'S G K A N T .

Eigh ty acres s i tua te lying and being in the dis t r ic t of Holdswor thy bounded on

the nor th by Moore 's Rachael farm bear ing cast for ty-eight chains on the east by a sou th l ine of e ighteen chains on the south by a west l ine of for ty-eight chains and on the west by a no r th line of e ighteen chains.

Two hundred acres of land s i tuate lying and being in the coun ty of Cumber land and dis t r ic t of Ho ldswor thy bounded on the west by Moore 's Rachacl farm bear ing nor th eighty-four chains on the no r th by an cast line of twenty-five chains on the cast by a south line of eighty-four chains and on the south by a west line of twenty-five

chains To be called I k i n ' s farm.

One thousand th ree h u n d r e d acres of land s i tuate in the parish of

in the county of in t he said Colony bounded on the south by a line commenc­ ing a t t he south-west corner of Thomas Laycock ' s farm of two hundred acres and bear ing west seventy-nine chains on the west by a l ine bear ing n o r t h one hundred and sixty- one chains twenty l inks west eleven chains twen ty l inks and nor th eighteen chains fifty l inks on the no r th by a line bear ing cast to the western boundary of Thomas Rowley 's farm and on the cast by p a r t of t he wes tern boundary of Thomas Rowley's farm and by the wes tern boundaries of G. "W. Evans and Thomas Laycock 's farms.

GARNOCK'S GRANT.

Six hundred and forty acres of land more or less si tuated in the county of Cumber­ land par ish of Ho ldswor thy Commencing a t the south-west corner of Thomas Moore 's

bounded on the n o r t h by a l ine bear ing east s ixty- three chains forty links on t h e east by a l ine south one h u n d r e d and ten chains on the south by a line west forty-one chains to George 's River and on the west by t h a t r iver being the land promised to t he said g ran tee (Geo . G a r n o c k ) on or before the da te above-mentioned and of which he was authorized to t ake possession on the sixth day of Sep tember one thousand eight hundred and th i r ty - one being also the land inser ted as number seventeen in t he G o v e r n m e n t notice of tho

twenty-fifth day of M a r c h one thousand eight hundred and thirty-five. T H I R D P A R T .

All t ha t twen ty acres of land be ing p a r t and parcel of a cer ta in farm s i tua te a t

Banks town in t he said t e r r i to ry of N e w South W a l e s containing th i r ty acres bounded on

the no r th side by Johns ton ' s farm bear ing east th i r ty-one chains fifty l inks on the east side by a south l ine of eleven chains on the south by a west line to George 's E iver and on the west side by t h a t river reserving a road one chain wide on the no r th side.

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