O'Doud's Estate Leasing Act of 1884 No ode (NSW)

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All Act to author ise Pa t r i ck O'Doud and Rober t Bu tche r or o ther the Trus tees or Trus tee for the t ime being* of t he Wi l l of the late Mary O'Doud deceased to lease por t ion of t h e real es ta te of the said Mary O'Doud. [21st July, 1884.]

WH E R E A S one thousand e ight h u n d r e d and sixty-six and m a d e be tween
by a n inden tu re bear ing da te t h e s ix th day of October
M a r y Morr is of t he first p a r t P a t r i c k O 'Doud of t h e second p a r t

and Thomas Edward Bar ry of t h e th i rd pa r t t h e he red i t ament s described in the Schedule here to were assured u n t o and to t he use of t h e said Thomas Edward Bar ry and his heirs upon t ru s t after t he dea th of t h e said M a r y Morr is for such person or persons and for such es ta te or estates in te res t or in teres ts and in such m a n n e r as t he said M a r y Morr i s should by any deed or deeds wr i t i ng or wr i t ings or by wil l or codicil appoin t A n d whereas the said M a r y Morr is af terwards in te rmar r ied

wi th and became the wife of t he said P a t r i c k O 'Doud A n d whereas
t h e said M a r y O 'Doud depar ted this life on or about t h e t e n t h day of

November one; thousand e ight hund red a n d e igh ty hav ing first m a d e he r last will bear ing date the fifteenth day of December one thousand e ight hund red and seventy-seven whe reby she appointed a n d devised all lands and he red i t aments over which she m i g h t have any power of disposition a t t h e t ime of he r dea th u n t o and to t he use of t h e said Pa t r i ck O 'Doud and Thomas E d w a r d Bar ry upon cer ta in t rus t s for t h e benefit of the said Pa t r i ck O 'Doud of her daugh te r s Florence Mar i a Morr is and Char lot te O 'Doud of her son by a former mar r i age "William H e n r y Al len and of he r b ro ther t he said Thomas E d w a r d B a r r y and b y the said will t he Trus tees thereof were empowered to g ran t leases of the real estate thereby appointed for any t e r m not exceeding seven years in possession and no longer A n d whereas by an i nden tu re

bear ing date t he twen ty-s ix th day of J u l y one thousand e ight h u n d r e d
and e ighty- two and made be tween the said Pa t r i ck O 'Doud of t h e first
pa r t t h e said Thomas Edward B a r r y of t h e second p a r t and R o b e r t
B u t c h e r of t h e th i rd p a r t t h e said Robe r t B u t c h e r was duly appoin ted
a Trus tee of t h e will of t he said M a r y O 'Doud in t h e place of t h e said

Thomas E d w a r d B a r r y A n d whereas t h e houses erected on t h e land described in t he Schedule here to have la te ly become ru inous and unfit for h u m a n habi ta t ion and have been condemned as be ing so unfit b y

t h e Mayor of Sydney in pur suance of t he s t a tu te in t h a t case m a d e and

provided A n d whereas t h e said Pa t r i ck O 'Doud and R o b e r t B u t c h e r have no funds be longing to t h e es ta te of t h e said M a r y O 'Doud where­ wi th to repair or rebui ld t h e said houses A n d whereas t he said l and described in t he Schedule here to can now be let on a bu i ld ing lease or bu i ld ing leases for a large gound r en t and upon favourable condit ions

as to bu i ld ing and otherwise and i t is desirable t h a t t h e said Pa t r i ck

O 'Doud and Robe r t B u t c h e r or other t h e Trustees or Trustee for t h e t i m e be ing of t he said will should be empowered to g ran t such bui ld ing lease or leases for any period no t exceeding twenty-one; years Be i t therefore enacted by t h e Queen ' s Most Exce l l en t Majes ty by a n d wi th t he advice and consent of t h e Legis la t ive Counci l and Legis la t ive

Assembly of N e w South W a l e s in Pa r l i amen t assembled and by the
au thor i ty of t h e same as follows :—
1. I t shall be lawful for t h e said P a t r i c k O 'Doud and R o b e r t
Bu tche r or t h e Trustees or Trus tee for t he t ime be ing of t h e said wil l

of t he said M a r y O'Doud to execute and m a k e a lease or leases of the said lands described in t he Schedule here to to any person or persons who shall covenant to improve the same by erect ing the reon any house or bu i ld ing or by repa i r ing or rebui ld ing any house or bu i ld ing which m a y be now or hereaf ter shall be s tand ing the reon or by otherwise; expend ing in improvemen t s such moneys as shall be deemed adequate; by t he Trus tees or Trus tee for t he t i m e being of t he said will b u t so t h a t every such lease shall be for a t e r m not exceeding twen ty -one years to t a k e effect in possession and shall be a t t he best r en t t h a t can be reasonably obtained for t he same hav ing regard to t he covenants to be performed on t h e p a r t of t he lessee or lessees b u t w i t h o u t t a k i n g a n y t h i n g in t he n a t u r e of a fine or p r e m i u m for t he m a k i n g thereof and so t h a t the re be contained in every such lease a covenant b y the lessee or lessees for t he p a y m e n t of r en t the reby reserved and a condit ion of re-ent ry for non-paymen t thereof wi th in a reasonable t ime to be there in specified for non-observance or non-performance of covenants by t h e lessee or lessees and so t h a t t h e lessee or lessees do

execu te a coun te rpa r t thereof.
2. This A c t m a y be cited as t he " O ' D o u d ' s E s t a t e Leas ing Ac t

of 1884."

S C H E D U L E .

A L L t h a t piece or parcel of land with the cottages or dwelling-houses the reupon
s tand ing and being s i tua te in the par ish of St . Andrew in t he town of Sydney aforesaid bounded on the east by t he west side of George-s t reet fifty-three feet two inches on the n o r t h by t h e southern boundary of M r . Bodenham's a l lo tment one hundred and eight feet on t he west by a souther ly l ine of twenty- four feet and four inches and on the south by an eas ter ly l ine dividing t h e land hereby released from the res idue of lands comprised in cer ta in inden tu re s of lease and release bearing da te t he twenty-four th and twenty- fifth days of A u g u s t one thousand eight h u n d r e d and th i r ty -e igh t and made between

J a m e s Black and Sarah his wife of t he one pa r t and Greorge H u m p h r e y and Wil l iam
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