| An Act to enable t he Trus tees of a | se t t l ement |
| made on the mar r i age | of Edward | P a y t e n |
| and H a n n a h Rebecca P y e P o s e | to | accept |
a su r r ende r of a lease of pa r t of the lands comprised in the said se t t l ement and to extend the power to g r a n t leases conferred
| by the said se t t l ement on t he | Trus tees |
| thereof. [17th August, 1886.1 |
| WH E R E A S | J a n u a r y in t h e year of our Lord one | thousand | e ight | h u n d r e d |
| by | an | inden tu re | da ted | the | twenty-f if th | day | of |
| and | fifty-three | and | m a d e | be tween H a n n a h Rebecca Rye Rose of | t h e |
| first | pa r t | E d w a r d | P a y t e n | of | t he | second | pa r t a n d | Char les | H e n r y | J a c o b |
| Rose a n d Alfred M a r s o m Nash Rose thereinaf ter | des ignated | Trustees |
| of | t he th i rd pa r t be ing a se t t l ement made in con templa t ion | of | a |
| mar r i age t h e n in tended and | af terwards | duly | solemnized be tween tin; |
| said E d w a r d P a y t e n and H a n n a h Rebecca P y e Rose t he undivided Rebecca P y e Rose of and in cer ta in lands and he red i t ament s devised by the will of her fa ther Thomas Rose deceased to or for he r use and benefit were conveyed and assured u n t o and to t h e use of t he said Trus tees the i r hei rs and assigns upon cer tain t rus t s t he re in expressed and declared for the benefit of t he said H a n n a h Rebecca P y e Rose and he r chi ldren A n d i t was by the said inden tu re agi'ecd and declared amongs t other th ings t h a t it should be lawful for t he said Trustees or t he Trustees or Trus tee for t he t i m e be ing of the said inden tu re of se t t l ement wi th t he consent in. wr i t ing of t h e said | fifth | pa r t or share and al l o ther pa r t s or shares of her the said H a n n a h |
| H a n n a h Rebecca P y e Rose d u r i n g he r life and | after | her | decease | and |
| du r ing the minor i ty or respective minori t ies of any chi ld | or | chi ldren |
of her t h e said H a n n a h Rebecca P y e Rose of the i r or his own au tho r i t y by any deed or deeds wr i t ing or wr i t ings to demise or lease or jo in wi th t h e persons ent i t led to t he o ther pa r t s or shares of t h e said hered i taments thereinbefore ment ioned in demising or leasing all or any par t of t h e said hered i taments to any person or persons for any t e r m or n u m b e r of years no t exceeding twen ty -one years to t ake .effect in possession and not in reversion w i t h o u t t a k i n g any fine p r e m i u m or foregift for t he m a k i n g thereof and a t such r en t or r en t s and on such t e rms and condi t ions as t he said Trustees or Trus tee for t he t ime being should t h i n k fit A n d whereas by an inden tu re dated t he first day of
| J a n u a r y in t he year one thousand eight | h u n d r e d | and | fifty-eight | and |
| expressed to be made be tween J a m e s P y e of t h e | first | pa r t t he | said |
| Charles H e n r y J a c o b Rose of the second | pa r t | t h e said Charles | H e n r y |
| J a c o b Rose and Alfred Marsom | Nash | Rose of t he th i rd pa r t t h e said |
| E d w a r d | P a y t e n | and | H a n n a h | Rebecca | P y e | P a y t e n | his | wife | of | t h e |
| four th p a r t t h e said Alfred | Marsom N a s h Rose of t h e | fifth | pa r t |
R e u b e n Uthe r Ba r t l e t t Rose of t h e s ixth p a r t Sarah El izabe th -lane Rose of t h e seventh par t Sarah Rose of the e igh th par t and Squire Mason of t he n i n t h p a r t be ing a deed of par t i t ion be tween t h e five younger chi ldren of the said Thomas Rose of t he l ands devised to t h e m by his said will cer ta in lands there in par t icu la r ly
| described and compris ing inter alia | the | land | described in | the |
| Schedule to th i s A c t were al lot ted to the said H a n n a h | Rebecca |
| P y e | P a y t e n as t h e | fifth | share | of t he | said H a n n a h | Rebecca | P y e |
| P a y t e n of and in t he lands and | he red i t amen t s so devised | as | aforesaid |
for he r use and benefit by t he will of t h e said Thomas Rose a n d were conveyed and assured to t h e use of t h e said Charles H e n r y Jacob Rose a n d Alfred Marsom N a s h Rose as such Trus tees as aforesaid of t he
| hereinbefore | recited i nden tu r e of se t t l ement | dated t h e twenty-f i f th | day |
| of J a n u a r y | one thousand e ight h u n d r e d and | fifty-three | u p o n a n d for | t he |
t r u s t s in ten t s and purposes in t h e said i nden tu r e of se t t lement men t ioned expressed and declared of and in respect of the undivided fifth p a r t or share of the said H a n n a h Rebecca Rye P a y t e n in the lands and here d i t amen t s devised by the said Thomas Rose to or for he r use and benefit subjec t to t h e p a y m e n t of a n a n n u i t y to the said Sarah Rose which has
| since | ceased | A n d whereas t he r e is issue of t h e said | mar r i age | of | t h e |
said E d w a r d P a y t e n and H a n n a h Rebecca P y e P a y t e n now l iv ing A n d whereas by a n inden tu re of lease dated t he second day of September one thousand e ight h u n d r e d and e ighty and m a d e be tween the said
| Charles H e n r y Jacob Rose and Alfred Marsom N a s h Rose of t he | first |
| p a r t t h e said H a n n a h | Rebecca | P y e | P a y t e n | of | t he | second | p a r t | and |
| J a m e s | Bent ley Corbin | and | Ph i l l ip | Nicol le of t h e th i rd pa r t t h e | said |
Charles H e n r y J a c o b Rose and Alfred Marsom N a s h Rose in exercise of t h e power given to t h e m in t h a t behalf by t he said inden tu re of settle- m e n t d i d demise and lease u n t o t he said J a m e s Bent ley Corbin and Phi l l ip
| Nicolle a port ion of t h e l and comprised in t he Schedule to th is | A c t |
f ron t ing Cast lereagh-s t reet for a t e r m of twen ty -one years from t h e second day of September one thousand e ight h u n d r e d and e igh ty subject to the ren t and covenan t s and condit ions there in reserved a n d expressed a n d whereas t h e bui ldings on o ther port ions of t he land described in t he Schedule to t h i s A c t not comprised in t he said lease are old and requ i re considerable ou t lay to keep t h e m in repair and t h e r e n t obtainable for t h e same is inadequa te to t h e value of t h e land occupied by such bui ld ings A n d whereas t h e land comprised in the Schedule to th is A c t could be leased as a whole on t e rms very advantageous for t he persons in teres ted there in if the said Trustees were empowered to accept a su r render of t h e said i nden tu re of lease of t he second day of September one thousand e ight hund red a n d e ighty and to g ran t a lease or leases of t h e said lands for a longer period t h a n twenty-one years and it is expedient and desirable to g ran t such powers to t h e said Trus tees Be i t therefore enac ted by t h e Queen ' s Mos t
| Exce l len t Majesty b y a n d w i t h t he advice and consent | of the | Legis |
| lative Counci l and | Legis la t 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 by t h e au thor i ty of t he same as follows | :— |
| • 1. I t shall be lawful for t h e said Charles H e n r y J acob | Rose |
| and Alfred M a r s o m N a s h Rose | or | the | survivor of t h e m or other | t h e |
| Trus tees or Trus tee for the t ime being of t he said i nden tu r e of | se t t l ement |
| dated the twenty-fif th | day of J a n u a r y one thousand e ight h u n d r e d | and |
fifty-three (hereinafter called and referred to as t he said Trustees or Trustee) to accept the sur render of t h e lease dated t h e second day of Sep tember one thousand eight h u n d r e d a n d e ighty hereinbefore
| ment ioned | and | of | t h e t e r m the reby g ran ted | A n d also from t ime | to |
t ime w i t h t h e consent of t h e said H a n n a h Rebecca P y e P a y t e n du r ing he r life and after he r dea th and du r ing t h e minor i ty of any of her chi ldren of thei r or his own au tho r i t y by deed to demise a n d lease t he land described in t h e Schedule to th is Ac t and e i ther subject or n o t subject to t h e said inden tu re of lease of t he second day of Sep t ember one t housand e ight h u n d r e d and e ighty to any person or persons or corporat ion who shall covenant to improve the same by repai r ing any bui ld ing or bui ld ings now s t and ing or w h i c h shall hereafter be s t and ing on any pa r t of t he l and the reby leased or by erec t ing and bu i ld ing a n y house or houses bu i ld ing or bu i ld ings on such l and or any p a r t thereof or by otherwise expend ing in improvement s the reon such moneys as shall be deemed b y t h e said Trustees or Trus tee adequa te to t h e
in teres t
| in te res t pa r ted wi th h u t so t h a t every lease u n d e r | th i s | power shall he |
for a t e r m not exceeding t h i r t y years to t ake effect in possession and shall be a t such r en t as t he said Trus tees or Trustee shall hav ing regard to t h e t e rms and condit ions of such lease th ink proper and reasonable and such r en t m a y be for a less a m o u n t du r ing the first year of t h e
| t e rm thereby granted t h a n | for | t h e | residue of | such t e r m | b u t so t h a t |
| n o t h i n g be t aken by way of p r e m i u m | or foregift | Provided t h a t | every |
inden tu re of lease m a d e under t he provisions of th i s A c t shal l conta in a covenant by t he lessee or lessees to pay t h e ren t the reby reserved a n d for insurance against fire of any bui ld ing or bui ldings erected or to be erected on the land thereby demised a n d also a condit ion of re -en t ry on non -paymen t of r e n t wi th in a t ime to be the re in specified or on breach of any of t h e covenants in such lease conta ined A n d so also t ha t a coun te rpar t of such lease be executed by the lessee or lessees.
?.. The said Trustees or Trus tee shall pay and apply t he rents and profits received by t h e m or h i m in respect of any leases g ran ted unde r t h e power conferred by th is Ac t to t h e same person or persons for t he same purposes and in t he same m a n n e r as if such leases had been g ran ted unde r t he power of leasing conta ined in t he said i nden tu re
| 3 . This | Ac t | may be | cited as | " Mrs . P a y t e n ' s | E s t a t e | Leas ing |
A c t . "
S C H E D U L E .
All t h a t parcel of land si tuated in t h e par ish of Saint J a m e s in t he city of Sydney in t he Colony of N e w Sou th W a l e s being pa r t of a l lo tment n u m b e r t h r ee of section th i r ty -n ine comprised in a g r an t to Thomas Rose of two roods and twenty-six perches da ted the n in th day of March one thousand e ight h u n d r e d and th i r ty-seven which said
| land and premises are bounded on the east by El izabeth-s t ree t | bear ing nor ther ly forty- |
t h r e e foot t en inches on the no r th by a l lo tment n u m b e r four bear ing wester ly one hundred and fifty-three feet on the west by Cast lereagh-s t rcet bear ing souther ly forty- four feet and on the south by ano the r por l ion of t he above-ment ioned g ran t conveyed to Alfred Marsom N a s h Rose bear ing easter ly to E l izabe th-s t ree t one h u n d r e d and fifty-