Pringle's Estate Mortgaging Act 1886 (NSW)
| All Act to ciiiible tlic Trustees of tlie will of tlie late Eobert Priiii»*le of Tainwortli iu | — |
tlie Colony of New South W ales to borrow money by niortgm>‘e and pled2,*e of certain real and ])ersoual estate devised and bequeathed by the said W ill for the pur pose of enabling* the said Trustees to pay olf a certain debt owing* by the said Testator and certain debts incurred by the said Trustees in administering* the said estate and to enable the said Trustees
| to improve the same. | [1^^ July, J88b.] |
rilER EA S E()l)('rt Pringle late of Tamwortli in the Colony of New rrcambie.
South A\hil('s giMitlcinan deceased duly made his last will dated the eighteenth day of January one thousand eight hundred and sevtuity- tlve and therchy a]>pointed John J\I‘Donald of Tamworth in tlu' Colony of N(u\' South Al’ah's Clerk ot Petty Sc'ssions AVilliaui Ered('rick M‘Carthy of Sydney in the said Colony solicitor and David AVilliamson Irving of Taimvorth aforesaid Police IMagistrate executors and Trustees tlicreof and declared that the AVord Trustees whenever in the said will used should nieau tlu' said Trustees and also any new Trustees to he a])pointed from time to time thcrearter aud tlu; survivors and survivor of any such Trustee's or Trustee named or thereafter to he ajpeointed as al'oresaid and the continuing or acting Trustees or Trustee and tlie lieirs executors and administrators of the last surviving or continuing or acting Trustee in case of a vacancy in tlie trust hut only so long as such vacancy should exist And hy his said will the said testator gav'o and
V V
| d | devised |
| 26 | 5 a via | 1886. |
'Pringle’s Estate Mortgaging.
devised all the houses messuages lands hereditaments and real estate of or to which he was then or at his death should he seized or entitled at law or in equity or of which he had or should have power to dispose of hy will (except what he otherwise disposed of hy his said will or any codicil thereto) unto and to the use of his said Trustees according to the nature thereof respectively Upon trust that they the said Trustees should whenever it should seem to them wise to do so sell the same either entirely and altogether or in parcels and either hy public auction or private contract with power to huy in and rescind any contract for sale of the said premises or any part thereof and to resell the same without being answerable for any loss which might happen thereby and also with power to insert any special or other stipulations in any contract for or conditions of sale either as to title or evidence of title or other wise and with powers to execute make and do all such conveyances assurances and things for effectuating any such sale as aforesaid as might he necessary or expedient and as to estates or property vested in him as Trustee or mortgagee he gave and devised the same to his said Trustees to hold upon and subject to the trusts or equities affecting the same respectively And as to his estate called Summer Hill situated on the Peel Hiver consisting of the dwelling-house store and other outbuildings and the garden orchard and paddocks used and enjoyed therewith he directed that his daughter Mahclla Winton M‘Carthy the wife of Herbert Titiin Stephen M‘Carthy should subject to the trusts provisos and declarations therein contained be permitted to occupy the same as tenant at will of his said Trustees at a w'eekly rent of one peppercorn if demanded provided she should keep the building and fences iu good repair making due allowance for ordinary wear and tear until his said Trustees should sell the same or otherwise determine the said tenancy And as to his estate called “ Bective House” situated in the township of Bectivo consisting of a dwclling-liouso and outbuildings together with the garden and cultivation paddocks appurtenant thereto and generally used and occupied therewith and also four or six acres of land in front of Bective House he directed that his daughter Catherine Janette Kingseote the wife of William Anthony Kingseote Esquire should subject to the trusts provisos and declarations therein contained be permitted to occupy the same as a tenant at will of his said Trustees at a weekly rent of one peppercorn if demanded provided she should keep the buildings and fences in good repair making due allowance for ordinary wear until his said Trustees should sell the same or otherwise determine the said tenancy. And he directed that if either of his said daughters should die leaving a husband her surviving such husband should be permitted to continue in occupa tion of tbe said premises and subject to the same trusts provisions and declarations and conditions and upon the same terms as the daiighter so dying was permitted to occupy Provided nevertheless and he thereby empowered his said Trustees at their discretion to dispense with the condition for repairing the building and fences at Summer Hill and Bcctive aforesaid and to cause such repairs to bo made and to charge the expense thereof to the general account of the station expenses And he authorized his said Trustees to expend a sum not exceeding one thousand pounds out of the annual profits of his station for any year in erecting a neiv dwelling-house and out-buildings at Summer Hill for his daughther Mabella Winton M'Carthy in lieu of the dwelling now occupied by her at Summer Hill and he gave and bequeathed the stores furniture plate linen china carriages carts horses harness and domestic or agricultural utensils and implements on or belonging to his said Summer Hill Estate (except the general station stores and the liorses carts liarness and working plant of his station) to
his
1886. 50° VIC.
Trlmjle's Estate Mortgaging.
liis said dauglitev Mabella Winton M'Cartliy for lier sole and separate use independently of the debt or control of her present or any future husband And he gave and bcqueatlicd the stores furniture plate linen china carriages carts harness and implements on or belonging to his said Eectivc Estate (except the goods in the store at Bective afore said) and the horses carts harness and working plant of his said stations to his said daughter Catherine Janette Kingseote for her sole and separate use independently of the debts or control of lu'r present or any future husband And he gave devised and becpieatlicd according to the nature of the property unto and to the use of his said Trustees their heirs executors administrators and assigns his stations known as Buggygullion North and Buggygullion South and Coomoo Coonioo and Mooki and the Dumblcs in the district of Liverpool Plains and the lletrcat in the district of N(;w England and all freehold and conditionally purchased land usually occupied with and trc!ated as forming part of such stations respectively and all the live stock d(ipastured thereon respectively upon trust until the same or any part thereof should be sold or partitioned under the powers of sale and partition therein contained to carry on and manage the said stations respectively remaining unsold as one single and entire concciai in tlic same or similar manner as or to which the same should have been managed and carried on up to the day of his decease with fidl power to his said Trustees to do all such acts in the course of such manage ment and carrying on as they might in their discretion think pro])cr and inclusive of a power of acquiring or purchasing adjacent freehold lands or any portion or portions of the said runs from the Crown at public auction or by selection or otherwise and of converting the conditionally purchased land on the said stations into freehold provided howcA'er that unless the annual profits of the said stations should exceed four thousand jAonnds his said Trustees Avere not to expend money in the conversion of the said conditionally purchased land into freehold and in as full and ample a manner as if his said Trustees Avere absolutely OAvners of the said station property And he directed that his said Trustees should in each and every year until all his debts and liabilities due at the time of his death AV'crc paid and satisfied pay to the said Herbert Tiffin Stephen M‘Carthy or to any future husband of his said daughter Mabella IVinton M‘Carthy a yearly sum of five hundred pounds for his oAvn absolute use and to his said danghter Mabella JEinton M'Carthy a yearly sum of live hundred pounds during her life for her separate use as thereinafter proAuded and so soon as all his said debts and liabilities should have been paid and satisfied shonld pay to the said Herbert Tiffin Stephen McCarthy or to any future husband of his said daughter Mabella Winton M‘Carthy a yearly sum of five hundred pounds for his own absolute use and should pay the balance (after deducting the said sum of fiv'e hundred pounds) of the half ]>art of the clear annual income of his said station property to his said daughter Mabella Winton M‘Carthy during her life for her separate use as thereinafter proA'ided And from and after the death of his said daughter Mabella "Winton M'Carthy (if all his said debts and liabili ties should not then be paid and satisfied) should pay the yearly sum of one thousand pounds or (if all his said debts and liabilities should then have been paid and satisfied) should pay the Avhole of the said half part of the clear annual income to the surviving husband of his said daughter Mabella JVinton M‘Carty during his life or until ho should become insolvent or should do or suffer any act or thing Avhereby the same Avould become payable to any other person And ho also directed that his Trustees shoidd in each and every year until all his said debts and liabilities AA’orc paid and satisfied pay to the said William Anthony Kingseote or to any future husband of his said
daughter
| 28 | 50̂ ̂ VIC. | 1886. |
T?Tingle’s Estate Mortgaging.
daughter Catherine Janette Kingseote a yearly snm of five hundred pouTids for his own absolute use And to his said daughter Catherine Janette Kingseote a yearly sum of five hundred pounds during her life for her separate use as thereinafter provided and so soon as all his said debts and liabilities should have been paid and satisfied shoidd pay to the said 'William Anthony Kingseote and to any future husband of his said danghter Catherine Janette Kingseote a yearly sum of five hundred pounds for his own absolute use and should pay the balance after deducting the said sum of live hundred pounds of the half part of the clear annual income of his said station property to his said daughter Catherine Janette Kings eote during her life for her separate use as thereinafter provided And from and after the death of his said daughter Catherine Janette Kingseote (if ail his said debts and liabilities should not then have been jiaid and satisfied) shonld pay the wdiolc of the said half part of the said clear income to the surviving husband of his said daughter Catherine Janette Kingseote until lie should become insolvent or should do or suffer any act or thing wdierehy the same would have become payable to any other person And he directed that in eaeli and every case in wdiich in that his said will he declared any rents issues profits annual income or proceeds to he payable to any surviving hnshand of either of his said dauglitcrs until ho should become insol vent or do or suffer any act or thing whereby the same rents issues profits annual income and proceeds should become payable to anotlier person in each and every such case wdien any such surviving husband should become insolvent or do or suffer any such act or thing as aforesaid it should he lawful for his said Trustees from time to time to pay to such husband sncli sum or sums of money not exceeding five hundred jiounds as they should consider pro|:)er for his support if he should in writing require the same and subject to such payment the rents issues profits annual income and proceeds made payable to him shonld immediately thereupon go over to the person or persons entitled to the same on his dcatli and should he paid and applied as if sucli surviving husband was then dead he empowered his said Trustees when and as they should find it necessary or expedient to do so in order to effectuate any of tlic purposes of his will or to discharge any of his debts or liabilities to raise money hy mortgaging in fee or for years or hy charging his said estates or any part thereof and to do all acts requisite for effecting any sncli mortgage or charge And he empowered his Trustees with the consent in writing of tlie person or persons for the time being entitled thereto in possession or if such person or persons should ho under disability hy reason of coverture or infancy then with the consent in writing of the husband or guardian as the case might ho of the person or persons so under disability to sell his said estates known as Summerhill and Bective or (dther of them and either separately or together with his stations known as Buggygullion North and Buggygullion South and Coomo Coomo and Mooki and The Dumhles in the district of Liverpool Plains and tlu! lletrcat in the district of New England or any of them and all or any part of the freehold and conditionally purchased lands usually ̂ occupied rvith and treated as forming part of said stations or any of them and all the live stock depastured tlu'reon or any of them or any part or parts thereof respectively cither entirely and altogether or in lots and either by pnl)lic auction or private contract with power to buy in and to w'seiud any contract for sale of the said premises or any part thereof and to resell the same without being answerable for anŷ loss wliich might happcni thereby^ \̂.nd also with power to insert any sjH'cial or other stipulation in any contract for or conditions of sale citlicr as title or evidence of title or otherwise or to make partition of
his
1886. 50° VIC.
~Prln(jle's Estate Mortgaging.
his properties stations and premises or any of them Avith poAver to execute make and do all such coiiA’cyances transfers assurances and things for clfecting any such sale or partitions as aforesaid as might he necessary or expedient And he directed that if no partition should have been made under the poAV(;r last aforesaid and so far as such partition should not extend Ids Trustees should sell in manner aforesaid (should they not lia c |)re\uously done so) his said estates stations freehold lands conditionally purchased lands and live stock depasturing thereon as soon as they conA'cnicntly could after the decease of his said daughter Mahclla "Winton McCarthy and of her present iiushand (or any future hushand to Avhom she might he married) or after the decease of liis said daughter Catherine danette Kingseote and of her present husband (or of any future hushand to Avhom she might he married) AAhichever of said CA'ents should first happen And h(! gave bequeathed and devised according to the nature of the ])i'opcrty all the residue of his real and personal estate and all the money securities for money goods chattels credits and other pcu'sonal estates of or to AAdiich he Avas then or at his death should or might he possessed or entitled either at laAV or in equity or of Avhicli ho then iiad or at his death should iiUA’c poAver to dispose of hy that Ids Avill (and ('xcept Avhat ho had otherAviso or should thereafter othcrAAdso dis]oosc of hy his said Avill or any codicil thereto) unto and to the use of ids said Trustees their heirs executors administrators and assigns upon trust that they should as soon as coiiA'cnicntly might l)c after his dentil call in sell dispose of and convert into money sucii parts thereof as should not consist of money Provided that his said Trus tee's might kee;p on foot any iiu'estments or securities Avhich might l)c existing at the time of his death if tliey should deem it advisable so te) do And ho thereby declared that his said Trustees should hy and e>ut of the moneys to arise from tlie mortgage or sale of his saiil real e'stato stations and IWo stock and from thee iiwestments and seeniritics Avldch might he kept on fexit hy the saiel Trustees and from the calling in sale and conversion into money of such parts of the said personal eslatc thcreinhcforc bequeathed as should not consist of money and hv anel emt of the reaelv monc of Avhich he should ho possessed at his elcath pay his debts funeral and testamentary expenses and the h'gacices (if any) bequeathed hy his said Avill or any codicil thereto and sliould impest the residue of the same moneys in the name or names of liis said Trustees in Government securities in Great Britain or any of tlie Australian Colonies inclusive of Noav Zealand or shares of Joint Stock Companies paying a yearly dividend or on mortgage or purchase of I'cal estate in Great Britain or any of the Australian Colonies inclusive of Noav Zealand as aforesaid And as to a moiety of the annual income of the said trust property howcA'cr iiiA Cstcd ujion trust to pay to the said Herbert Tilfen Stephen M‘Carthy or to any future hushand of his said daughter IMahella AVinton M‘Carthy a yearly sum of five hundred pounds for his oaaia absolute use and to pay the balance (after deducting the said sum of fh'C hundred pounds) of the clear annual income unto his said daughtc'r Malx'lla At'inton McCarthy or to permit her to recciA C the same during her life for her separate use as there inafter jirovidcd And from and after the decease of the said Mabella WGnton INPCarthy upon trust to pay the income of the said moiety of the said trust property to lu'r then surviving hushand (if any) for his life or until he should become insolvent or do or suffer anything or act Avherehy the same Avould become payable to or attachable by any other ])('rson vVnd from and after the deci'asc of his said daughter INfabella Winton M'Carthyand her surviving husband (if any) his said Trustees should stand possessed of the said moiety of the said trust property for the benelit of all or any one or more of the children or other
issue
| 30 | 50° VIC. | 1886. |
Cringle's Estate Mortgaging.
issue of liis said daughter Mabella Winton M’Oarthy by her then present or any future husband as she should by deed or will notwith standing coverture appoint Porvided that if there should he children or a child by any future hushand every such appointment should apportion the said moiety of the said trust property between the several families so that each family should receive a proportionate part according to the number of such family hut his said daughter should have power to apjioint such proportionate part to all or one or more of the members of such family And in default of any such appointment and so far as no such appointment should extend his Trustees should stand possessed of the said moiety In trust for all such children or child if only one of his said daughters who being sons or a son should attain twenty-one years or being daughters or a daughter should attain that age or marry and if more than one in equal shares Provided always that no child taking any part of the said premises under any such appointment as aforesaid should in default of appointment to the contrary he entitled to any share of that part of the said premises of which no such appointment should he made without bringing his or her appointed share into hotchpot Provided always that the said Trustees may after the decease of the survivor of the said Mabella MTnton M’Car thy and her then present or any future hushand or in the lifetime of them or the survivor of them if they she or he should so direct raise any part or parts of the then expectant presumptive or vested share of fortune of any child under the trusts thereinbefore declared not exceeding in the whole for any such child one half part of his or her then expectant presumptive or vested share or fortune and apply the same for his or her advancement or benefit And it was thereby declared that the Trustees should after the decease of the said Mabella TVinton McCarthy and her surviving hushand (if any) apply the whole or any part as the said Trustees should think fit of the annual income of the share or fortune to which any child should for the time being he entitled to in expectancy under the trusts there inbefore declared for or toAvards the maintenance or education of such child either directly or through his or her guardian or guardians without seeing to the application thereof or requiring any account of the same And also should during such suspense of absolute vesting accumulate the residue (if any) thereof in the Avay of compound interest hy investing the same and resulting income thereof from time to time in or upon any such securities or investments as were therein before mentioned for the benefit of the person or persons who under the trusts thereinbefore contained should become entitled to the principal fund from which the same respectively should have proceeded with power to the Trustees to resort to the accumulation of any preceding year or years and apply the same for or towards the main tenance or education of the child or children Avho should for the time being be presumptively entitled to the same respectively And in the event of there being no children or child or issue capable of taking under such last-mentioned limitation then his said Trustees should hold the same moiety of said trust property however invested upon trust for the person or persons who would be entitled thereto if he had died intestate And as to the other moiety of the annual income of said trust property however invested upon trust to pay to the said lAilliam Anthony Kingseote or to any future hushand of his said daughter Catherine Janette Kingseote a yearly sum of five hundred pounds for his own absolute use and to pay the balance (after deducting the said sum of five hundred pounds) of the clear annual income unto his said daughter Catherine Janette Kingseote or permit her to receive the same during her life for her separate use as thereinafter provided And from and after the decease of the said Catherine
Janette
1886. 50" VIC.
l^rbujle's Ealate Mortgaging.
.Tanetto Kingseote upon trust to pay tlic income of tlic said luoii'ty of tlie said trust property to her then surviving hushand (if any) for his life or until he should heeomc insolvent or do or sutfer anything or act Avhcrchy the same should become payable to or attachable hy any other person And from and afti'r the decease of his said daughter Catherine Janette Kingseote and her surviving hushand (if any) his said Trustees should stand possessed of the said moiety of the said trust property for the henefit of all or any one or more of the children or other issue of his said daughter Catherine Janette Kingseote hy her present or any future hushand (such other issue being horn in her lifetime) as she should by deed or rvill notivithstanding coverture appoint Provided that if there should he children or a child hy any future hushand every such appointment should apportion the said moiety of the said trust property between the several families so that each family should receive a proportionate part according to the number of such family but his said daughter should have power to ajipoint such proportionate part to all or one or more of the memhers of such family And in default of any such appointment and so far as no such appointment should extend his said Trustees shoidd stand possessed of the said moiedy in trust for all such children or child if only one of his said daughters ivho being sons or a son sliould attain twcnty-o]ie years or being daughters or a daughter should attain that am' or marry and if more than one in equal shares Provided always that no child tahing any part of the said ])remlses under any such ap^iointracnt as aforesaid should in default of appoint- mi'ut to the contrary be entitled to any share of that part of the said jiri'mises of Avhich no such ajipointment should be made without bring ing his or her appointed share into hotchpot ProA'ided always tliat th(5 said Trustees might after the decease of the surA'ivor of tiiem the said Catherine Janette Kingseote and her jirescnt or any future luisband or iu the lifetime of them or the surwivor of them if tlu'y she or he should so direct raise any part or parts of the then expectant ])resum]>tivo oi' A'csted share or fortune of any child under the Trust TiH'reinheforc declared not exceeding in the Avhole for any such eliild oiK'-balf part of his or her then expectant prcsumptiAC or AU'sled share or fortune and apjily same for his or her advancement or hi'iictit -Vnd it Avas thereby di'clared that the Trustees should after the deci'asc of th(5 said Catherine Janette Kingseote and her surviving hushand (if amy) a[)])ly the Avholo or any part as the Trustees should think lit of thf' annual income of the share or fortune to Avhich any child should for the time being he entitled to in expectancy uiuli'r the trusts thereinbefore declare-d I'or or toAvards the maintenance or education of such child either dii'cetly or through his or her guar dian or guardians Avithout seeing to the application thereof or ri'ipuring any account of the same And also should during such suspense of absolute A'csting accumulate the residue (if any) tliereof by Avay of compound interest by iuA'estiug the same and resulting income thereof from time to time iu or upon any such seeuritii's or iuA'i'strnent as Averc thereinbefore incntioned for the beneht of the person or persons Avho under the trust thereinbefore contained should b'l'cnme ('iititled to the jnincipal fund from AAdiich the same riglits should h.ave proceeded with power to the Trustees to resort to tlic accumulation of any preceding yi'ar or years and apply the same for or toAvards the maintenance or edueal ion of the child or children aa ho for the time being should b(! presiimjitivi'ly entitled to the sanu'. respectively aud iu the event of there being no children or child or issue capable of laking under such last-mi'iitioiu'd limitations then his said Trustees should hold the said moii'ty of said trust property upon trust for the person or persons a\ 1 i o would be entitled thereto if he had died
intestate
| 50° VIC. | 1886. |
'Pringle's Estate Mortgaging.
intestate and the said testator thereby declared that the trust property devised and all income moneys payable under his v ill to cither of his said daughters should be for her sole and separate use indepen dently of the control of her then present or any future hushand so that her receipt alone should he a valid discharge to his said Trustees and so that she should not liavo power to anticipate the same And the said testator thereby declared that his said Trustees should have power during the continuance of the trusts of his will to determine from year to year at their sole discretion how much of the proceeds of any property bequeathed or devised in trust by his said will should be treated as clear annual income and how much should be retained or expended by them for the advantage of las estate or for contingencies of equalisation of income in future years and the said testator declared that it should be lawful for his Trustees to pay and discharge tlic debt and liabilities owing by him at his decease in sucli instalments and extending over two or more years as they might think expedient and to compound and allow time for the payment of any debt or debts due to his estate and to settle all accounts due upon such terms as they might think projier And it being the desire of the said testator that the said William Prederick ]\I’Carthy who was his attorney and solicitor should continue to act as such in all matters relating to his property and affairs and-should make the usual professional charge he expressly directed that he should noLwithstauding his acceptance of the office of Trustee and executor of his said will and his acting in the execution thereof be entitled to make the same professional charges and to receive the same pecuniary emoluments and remunera tion for all business done by him and all attendances time and trouble given or bestowed by him in or about the execution of the trusts and powers of his said will or the management and administration of his trust estate real or personal as if he (not being himself a Trustee or executor of his will) were (,'mployed by tlie Trustee or executor or Trustees or executors thereof as attorney and solicitor to sucli Trustee or executor Trustees or executors and should be entitled to retain out of his trust moneys or to be allowed and received from his co-truetecs (if any) out of the same moneys the full amount of such charges any rule of equity to the contrary notwithstanding Nevertheless without prejudice to the right or competency of the said William Prederick McCarthy to exercise the authority control judgment and discretion of a Trustee of his said Avill Lastly the said testator by his said ivill revoked all former Avills And whereas the said llobert Pringle died on the thirteenth day of Pebruary one thousand eight hundred and seventy-five without having altered or revoked his said will and leaving him surviving the said Mahclla Winton M‘Carthy the said Herbert Tiffin Stc])hen M'Carthy the said Catherine Janette Kingseote and the said William Anthony Kingseote And whereas the said will was proved liy the said John M‘Donald the said David Williamson Irving and the said William Prederick M'Carthy on the tenth day of March one tliousand eight hundred and seventy-five And whereas the said John M‘Donald and the said David Williamson Irving are the surviving executors and Trustees of the said will And whereas the houses messuages lands hereditaments and real and pei’sonal estate l)y the said Avill respectively devised and hequeathed Avere at the time of the death of the said Eobert Pringle and still arc subject to certain charges and liabilities And Avhereas a sum of Iia’c thousand pounds Avas OAA’ed by the said Eobert Pringle at tlie time of his death and the same is due and unpaid And AA'hereas the said Trustees haA'c incurred certain delits in administering tlie said lanls aud hereditaments And Avdicrcaf the profits of the said houses messuages land and hereditaments
and
1886. 50̂ VIC.
Pringle's PJstate Mortgaging.
and real and personal estate are not sufficient to discharge the said
charges and liabilities and the said debt And Avhereas there is
reason to helicA'C that a sum sufficient to discharge the said liabilities
charges aud debts can uoav he borroAved upon the security of the
said houses and messuages lands hereditaments and real and personal
estates or part of tlicm at a reasonable rate of interest And A\diereas
doubts liaA'c arisen Avhetlier the said Avill contains any poAver to
| mortgage or pledge the AAdiole or any and Avhat part of the houses | , |
| messuages lands hereditaments and real and personal estate thereby dcAuscd and hepueathed And AAdicrcas tlie said houses messuages lands hereditaments and real and personal estate are mentioned and described in the Schedule to this Act And AAdicreas in consequence of tlic said doubts as to tlie meaning of tlic said aauU the said surviA'ing Trustees arc unable to horroAA" money upon the security of the said houses messuages lands hereditaments and real and personal estate or any part thereof. And Avhereas it is expedient and Avould he for the henefit of all parties interested in the said houses messuages lands hereditaments and real and personal estate that poAver to mortgage and pledge the same or any part thereof should be conferred on the Trustees or Trustee for the time being of the said aaTII of the said Robert Pringle deceased for the benefit of the persons interested under the said Avill and the moneys raised by mortgage or pledge of such of the said houses messuages lands hereditaments and real and personal estate as shall from time to time be mortgaged or pledged should ho applied toAvards the discharge of the abovementioned charges liabilities and debts and towards tlic improvement of the said houses messuages lands hereditaments and real and personal estate and in the purchase of other ’ | |
| lands and hereditaments for the henefit of the persons respectively entitled undesr the said Avill And Aihercas the authority of the Legis lature is necessary in the premises Be it therefore enacted by the Queen’s Most Excellent Majesty by and Avith the adAUCc and consent of the Legislative Council and Legislative Assembly of Ncav South 'Wales in 'Parliament assembled and by the authority of the same as folloAVS:— |
1. I t shall he laAvful for the said John M‘Donald and LaAod Power to Trustees to
"Williamson Irving or other the Trustees or Trustee for the time being “ oi'tgago-
of the said Avill of tbe said Robert Pringle deceased hereinafter called
the Trustees from time to time to borroAV and raise at interest any sum
or sums of money not exceeding in the Avhole the sum of thirty
thousand pounds Avith poAver to pay olf any mortgage or mortgages
pledge or pledges and to reborrow amy sum or sums thereby secured
or any less sum or sums provided that not more than thirty thousand
pounds shall at any one time be due upon the security of the said
houses messuages lands hereditaments and real and personal estate by
tbe said Avill of the said Robert Pringle respectively dewised and
bequeathed or any part or parts thereof aud to execute any mortgage
or mortgages pledge or pledges Avith or Avithout power of sale of the
said lands and hereditaments or any part or parts thereof and Avith all
other the usual poAvers proAUsions and covenants for securing payment
of the sum or sums so horroAved and to giA'c effectual receipts and
discharges for the moneys advanced by any mortgagee and to do all such
other acts as may be necessary or expedient for the purpose of effec
tuating such moi'tgage or mortgages pledge or pledges Provided tliat
]AO person Avho shall adAxance money upon the security of any mortgage
or pledge purj)orting to ho made under the poAA cr herein eonfei'reci shall
be bound to enquire as the advisability or propriety of the raising of
such money or as to the application of such money aaTicu so adAunced
and the receipt of tlic Trustees for the moneys so adA'anced shall effec
tually discharge the person advancing tlic same from any liability in
| e | respect |
| 50̂ ̂ VIC. | 1886. |
Tringle's Estate Mortgaging.
resjiect of tlie mis-applicatioii or non-application thereof Provided also that the declaration in ’tvriting of the Trustees that the sum secured hy any mortgage or pledge docs not ivith the other sums then due on the security of the said lands and hereditaments exceed the sum of thirty thousand pounds shall he sufficient evidence to the person advancing money upon the security of such mortgage or pledge of the fact therein stated.
| Short title. | 2. This Act may bo cited as “ Pringle’s Estate Mortgaging |
Act 188G.”
SCIIEDITLE.
I'ART I.
Eirstly—All lliose piecfs of lund situated in tlio parish of Bective and county of Parry respectively consisting of six liunJrc 1 and thirty-seven acres comprised in a Crown Grant to Eobert Pringle-dated the 13th day of Juno ISGl being portion 3.
Also three hundred and twenty acres comprised in a Crown Grant to Eobert Pringle dated the 1 Jth day of November 18G1 being portion 39.
Also three hundred and twenty acres comprised in a Crown Grant to Eobert Pringle dated the 1-lth day of November 1861 being portion 40.
Also three hundred and eighty-nine aci’es comprised in a Crown Grant to Eobert Pringle dated the 31st day of December 1862 being portion 2.
Also three hundred and thirty-one acres comprised in a Crown Grant to Eobert Pringle dated the 13th day of June 1861 being portion 1.
Also seven hundred and seventy-throe acres comprised in a Crown Grant to Eobert Pringle dated the 31st day of December 1862 being jiortion 4.
Also the twenty-one parcels next hereinafter mentioned comprised in a Certificate of Title in favour of John APDonald David AVilliamson Irving and 'William Prederick M'Carthy dated the 24th day of April 1877—Three hundred and twenty acres being portion Three hundred and twenty acres being portion "A Three hundred and
| twenty acres being jiortion | th'o hundred and thirly-cight acres being portion 66 |
One liundred and eighty-three acres being portion 67 One hundred and ninety-two .acres being iiortion 65 One hundred and tifty-four acres being portion 63 Three hun dred and twenty .acres being jiortion 75 TTirec hundred and twenty acres being portion 76 Three hundred and twenty acres being portion 72 One hundred and ninety-five acres being jiortion 73 Two hundred .and one acres three roods being jiortion 74 Two
| hundred and thirteen .acres three roods being portion 77 | One hundred and sixty acres |
| being portion 78 | One hundred and sixty acres being jiortion 79 | Eighty-six acres one |
| rood being portion 80 | One hundred and twenty-six .acres two roods being portion 82 |
Three hundred aud twenty acres being portion 86 One hundred and thirteen acres being jiortion 87 One hundred and sixty-iiine acres two roods being jiortion 88 Sixty acres being jiortion 89.
Also one hundred and seventj'-one acres comjiriscd in a Crown Grant to Eobert Pringle dated the 11th day of May 1874 being portion 64.
Also eighty acres comjiriscd in a Crown Grant to David Williamson Irving and "Willi.am Prederick Tl'Carthy dated the 17th d.ay of June 1876 being jiortion 91.
Also one hundred acres cuinjirised in a Crown Grant to David IV illiamsou Irving .and "William Prederick M‘Carthv dated the 17th d.ay of June 1876 being portion 9G.
Also one hundred and seventy-nine acres three roods comjiriscd in a Crown Grant to David Willi.amson Irving and William Prederick M'Carthy dated the 9th day of Juno 1877 being portion 99.
Also one hundred and thirty-one acres one rood ten perches comjiriscd in a Crown Grant to David Williamson Irving and AV'illiam Prederick MtCarthy dated the 9th day of .Tunc 1877 being jiortion 98.
Also three hundred and twenty acres comprised in a Crown Grant to David AV îlliamson Irving William Prederick IM'Carthy and John M'Donald dated the20th day of Janu.ary 1879 being portion 68.
Also ninety-seven acro.s comprised iu a Crown Grant to David AV îlliamson Irving
pnd AV̂ illiam Prederick McCarthy dated the 5th d.ay of September 1877 being jiortion 84.
Also the sixty-two jiarcels next hereinafter mentioned and severally comjiriscd in
sixty-two Crown Grants to Eobert Pringle each dated the 31st day of December 1862
Three acres tlircc roods twenty-eight jicrehes near Eectivc being suburban jiortion 20
| Pour acres three roods near Bective being suburban portion 21 | Pivo acres twelve perches |
| near Bective |being suburb.an portion 22 | >Six acres three roods thirty jieridies ne.ar |
| Bective being suburban portion 23 | Eight acres seventeen perches near Bective being |
| suburban portion 24 | Ten allotments in the town of Bective each containing two roods |
being lots three to twelve both iiudusive of section seven Ten allotments in the town of Bective each containing two roods being lots one to ten both inclusive of section six teen Twenty allotments in the town of Bective c.ach containing one rood being lots one
| to twenty both inclusive of section seventeen | Ten allotments iu the town of Bcctive each |
1886. 50" VIC.
Cringle's Estate Mortgaging.
each containing one rood being lots one to ten both inclusive oE section nineteen A suburban portion near Bectivo containing nine acres one rood and thirty-tlireo perclios numbered twenty-five Three suburban portions near Bective containing nine acres numbered twenty-nine thirty and tliirty-onc Three suburban portions near Bectivo each containing ten acres three roods and eight perches numbered thirty-two thirty- throe and thirty-four.
| ■ | Also the forty parcels next horcinartcr mentioned comprised in a Certificate of | |||
| Title in favour of John ]\l‘Uonald David Williamson Irving and William Frederick M‘Carthy dated the 24th day of A])ril 1877—Two allotments iu the town of Bectivo each containing one rood thirty-nine aud a half perches being lots one aud twenty of section seven Fight allotments in the town of Bcctive each containing two roods being lot two and lots thirteen to nineteen both inclusive of section seven Ton allotments in the town of Bective each containing one acre being lots one to ten both inclusive of section eight One acre two roods and twenty-three perches being suburban allotment one Two suburban allotments each containing one acre three roods twenty and a half perches being lots two and three Two suburban allotments each containing two acres being lots four and five of section ten Forty acres three roods eight perches being suburban allotments one to seven both inclusive of section eleven Seventeen acres three roods and eight perches being suburban allotments one to three both inclusive of section twelve One rood eight perches and one acre two roods and seven perches originally granted by two several Crown Grants respectively dated the dOth day of 8c])tembcr 1875 One acre three roods and twenty-seven and a half perches being suburban ])ortion 85 | ||||
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| Also tlio eighteen parcels next hereinafter mentioned and comprised in a Certi ficate of Title in favour of John M‘Donald David \Filliamson Irving and William Frederick iM'Carthy dated the 24th day of April 1877—Two portions each containing fourteen acres one rood aud twenty-four perches and numbered 8 and 9 respectively Thirteen acres one rood and twenty-eight perches being portion 10 Fifteen acres one | ||||
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| containing ten acres being portions 46 47 and 48 Throe parcels each containing twelve acres being portions 49 50 and 51 Ton acres one rood aud seventeen ])crches being ])ortion 56 Ten acres one rood and eighteen perches being portion 57 Ten acres one | ||||
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| Also sixteen acres two roods and twenty-two perches comprised in a Crown Grant to Eobert Pringle dated the 3rd day of Juno 1874 being portion 68. | ||||
| Also sixteen acres two roods and twenty-four perches comprised in a Crow’i Grant to Eobert Pringle dated the 3rd day of .lunc 1874 being portion 69. | ||||
| Also thirteen acres three roods and six perches comprised in a Crown Grant to Eobert Pringle dated the 3rd day of Juno 1874 being jiortion 70. | ||||
| Also sixteen acres com])rised in a Crown Grant to Eobert Pringle dated the 3rd day of Juno 1874 being suburban jiortion 52. | ||||
| Also sixteen acres comprised iu a Crown Grant to Eobert Pringle dated the 3rd day of June 1874 being suburban portion 53. | ||||
| Also fourteen acres and twenty perches comprised in a Crown Grant to Eobert Pringle dated the 3rd d.ay of June 1874 being suburban portion 54. | ||||
| Secondly—Also all those jiiece.s of land situated in the parish of Somerton and county of Parry consisting respectively of two parcels near Somerton each containing eighteen acres severally comprised in two Crown Grants to Eobert Friiigle cadi dated tlio 31st day of December 1862 aud being portions 72 aud 73. | ||||
| Also four parcels severally coiujirised in four Crown Grants to Eobert Pringle c.ach dated the 31st day of December 1862 namely—Tlircc hundred and forty acres being ])ortion 7 Two hundred and nine acres being portion 5 Three hundred ami ciglit acres being portion 6 and Three hundred and fourteen acres near Somerton hoiiig portioTi 3. | ||||
| Also six hundred and forty acres comprised in a Crown Grant to Eobert Pringle dated the 13th day of .June 1861 being portion 4. | ||||
| Also three hundred and twenty acres near Bective comprised in a Crown Grant to Eobert Pringle being portion 10. | ||||
| Also six j)arccls near Somerton severally comprised in six Crown G ranis to Eobert Pringle each dated the 31sfc day of Decemher 1862 namely— Fifteen acres being jwrtion | ||||
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| roods and sixteen jierchcs being portion 66. | ||||
| Also four parcels near Somcrlon severally comprised in four Crown Grants to Eobert Pringle each dated the 24th day of January 1857 each containing three acres two rood.s and being suburban portions 65 64 63 aud 62. | ||||
| Also the sixteen parcels next b.crcinaftcr mentioned and comprised in a Certificate of Title in favour of John MtDonald David Williamson Irving and William Frederick M'Carthy as joint tenants dated the 24th day of April 1877 namely—Twenty-nine acres one rood and thirty-four porches being jiortion 90 Twenty one acres tlircc roods being portion 91 Twenty-one acres three roods being portion 92 Two acres and three roods and eighteen perches originally granted hy two several Crown Grants respectively dated |
the
| SO'’ VIC. | 1886. |
'Pringle’s Estate Mortgaging.'
the 30th day of May 1867 Five acres and thirty-five perches originally granted by Crown Grant dated the 16th day of November 1867 Three parcels of s xtecn acres each
| being portions 74i 75 and 77 | Fourteen acres two roods and twenty-t\ro perches being |
portion 78 One hundred and forty-eight acres one rood twenty-nine porches being por tion 19 Twenty-one acres thirty-sis perches being portion 89 Three parcels each containing twenty acres one rood and eight perches being portions 86 87 and 88 Four teen acres being portion 79.
Also forty acres comprised in a Crown Grant to Eobert Pringle c ated the 4th day of January 1877 being portion 20.
Also forty acres comprised in a Crown Grant to Eobert Pringle dated the 29th day of September 1S70 being portion 38.
Also the sixteen parcels next hereinafter mentioned and severally comprised in
sixteen Crown Grants to Eobert Pringle each dated the 28th day of llccember 1876
| namely—Forty-two acres aud nineteen perches being portion 44 | Thiny-niuo acres one |
| rood and fourteen perches being portion 45 | One hundred and twenty-one acres two |
| roods aud thirty-eight perches being portion 46 | Forty acres being po lion 47 | Eighty |
| acres being portion 48 | Two hundred and twelve acres three roods and eleven perches |
| being portion 49 | Forty-six acres two roods and twenty-seven perches being portion 50 |
Forty-nine acres three roods and tw'enty-eight perches being portion 51 Ninety-five acres two roods and thirteen perches being portion 52 One hundred and sixteen acres two roods and thirty-three perches being portion 53 Ninety-five acr3s one rood and thirtj^-seven perches being portion 54 One hundred and forty'-seven acres one rood and thirty-four perches being portion 55 One hundred and six acres one rood and twenty- five perches being portion 56 One hundred and twenty-seven acres :wo roods being portion 57 Two hundred and fourteen acres three roods and three perches being por
| tion 100 | One hundred and twenty-six acres three roods and thirty-one perches being |
| portion 101. |
Also the twenty-one parcels next hereinafter mentioned and severally comprised in twenty-one Crown Grants to Eobert Pringle each dated the 5th day of January 1877 namely—One hundred and twenty-eight acres three roods and twelve pcu’ches being por tion 102 One hundred and seven acres two roods and twenty-eight pe -chos being por tion 103 One hundred and twenty acres being portion 104 One hui.dred and sixty- eight acres three roods and twenty-seven perches being portion 106 C ne hundred aud
| forty-three acres two roods and eighteen perches being portion 107 | One hundred and |
| sixty-two acres eighteen perches being portion 108 | One hundred and forty-nine acres |
| three roods and eight perches being portion 109 | Six parcels each containing one |
hundred and sixty acres being portions 110 111 112 114 115 and 116 Chio hundred and fifty-five acres three roods and eleven perches being portion 113 Oiie hundred aud sixty-four acres three roods and eight perches being p>ortion 117 One hundred and forty-six acres fifteen perches being portion 118 One hundred acres three roods and
| nineteen porches being portion 119 | One hundred and sixty acres be ng i)ortion 120 |
One hundred and twelve acres three roods and thirty-six porches being portion 121
| Seventy-eight acres being portion 122 | One hundred and twenty-three acres three roods |
| being portion 123. |
Also the nine parcels next hereinafter mentioned and severally comprised in nine Crown Grants to David 'Williamson Irving and William Frederick M'Cartliy each dated the lOtli day of April 1877 namcl}^—One hundred and eleven acres diirteen perches being portion 131 Ninety-two acres one rood and twenty-eight perches being portion 134 Ninety-two acres two roods and twenty-nine perches being pertion 135 One hundred and seventy acres three roods and six porches being portion t36 Sixty acres bciirg ])ortion 137 Forty-nine acres one rood and twentv-foirr perches being portiorrl38 One hundred and seventy-six acres two roods and eight perches bring portion 126
| Seventy-four acres thirty-seven perches being portion 125 | One hundred and sixty-feur |
| acres one rood and thirty-five perches being portion 133. |
Also two hundred and seventy acres comprised in a Crown Grant to Eobert Pringle dated the 1st day of June 1880 being portion 105.
Also fifty acres comprised in a Crown Grant to David Williamson Irving aud William Frederick M'Carthy dated the 13th day of June 1881 being portion 150.
Also fifty acres comprised in a Crown Grant to Herbert M'Carthy dated the 4th day of December 1876 being portion 139.
.41SO three ]'.arcels severally comprised in three Crown Grants to John M'Donald David 'Williamson Irving and William Frederick M'Cai'thy as joint tenants each dated the 1st day of February 1879 containing three acres two roods four acres two roods eleven perches and four acres one rood two perches respectively.
Also forty acres comprised in a Crown Grant to David Williamson Irving and William Frederick McCarthy dated the 4th day of October 1876 being portion 43.
Also the eleven parcels next hereinafter mentioned and comprised in a Certificate of Title iu favour of John M'Donald David AVfilliamson Irving and William Frederick M'Carthy as joint tenants dated the 24th day of April 1877—Three parcels each con taining three hundred and twenty acres being portions 16 39 and 40 Eighty-nine acres three roods being portion 23 Forty-four acres being portion 27 Ninety-three acres one rood being ])ortion 28 Eighty acres being ]>ortion 34 Eighty-nine acres two roods being portion 35 Eighty acres being portion 36 Eighty-two acres three roods being
| portion 37 | Fifty acres being portion 21. |
Also
1886. 50° VIC.
Pringle's Estate Mortgaging.
Also the fifty-five parcels next hereinafter mentioned and comprised in a Certificate of Title in favour of .lolin M'Donald David Williamson Irving and AVilliam Frederick M'Carthy as joint tenants dated the 21th day of April 1S77—lAvcnty-one allotments each containing two roods being lots four and five of section four lots two to ten both inclusive of section five Lots five and six of section six Lots one two and three of section 7 Lots one six seven eight and ten of section eight One rood thirty perches
| being lot cloven of section eight | Five allotments each containing one rood thirty-five |
| perches being lots fourteen fifteen sixteen seventeen and eighteen of section eight | Six |
| allotments each containing two roods being lots five to ten of section nine | One allot |
| ment containing one rood thirty perches being lot eleven of section nine | One allotment |
containing two roods being lot twelve of section nine Six allotra(>nts each containing one rood tliirty-fivo perches being lots thirteen to eighteen both inclusive of section nine One allotment containing two roods being lot nineteen of section nine One allotment
| containing one rood thirty perches being lot twenty of section nine | Four allotments |
each containing one acre being lots one two four and five of section ton Two allot ments each containing three roods thirty perches being lots nine and ten of section ten Five allotments each containing four acres one rood and eight perches being lots one two three four and five of section twelve One acre and eight perches originally granted b}’' Crown Orant dated the 23rd day of June 1875.
Also the seven parcels next hereinafter mentioned and comprised in a Certificate of Title in favour of John M'Donald David Williamson Irving and AVilliam Frederick M'Carthy dated the 24th day of April 1877 namely—Throe hundred and twenty acres and three hundred and fifteen acres originally granted to llobert Pringle by two several Crown Grants respectively dated the lOtli day of Xovember 18G4 Two hundred and fifty-seven acres being portion 8 I'ifty acres being portion 99 Three hundred and fourteen acres being portion 11 One hundred acres being portion 42 One hundred acres being portion 41.
Also two roods comprised in a Certificate of Title iu favour of James Bendlc dated the 15th day of March 1872 being lot fourteen of section five.
Also the four parcels next hereinafter mentioned and severally comprised in four
Crown Grants to Eobert Pringle each dated the 24th day of March 1884 respectively
cantaining twenty-one acres one rood and thirty-nine perches Two acres one rood and
| seven perches | Two acres three roods and nine perches aud Three acres. |
Also three roods and twenty-four perches in the town of Somerton comprised iu a Crown Grant to Eobert Pringle dated the 13th day of June 18G0 being lot five of sec tion two.
Also the twelve ])arccls in the town of Somerton next hereinafter mentioned and severally comprised in twelve Crown Grants to Eobert Pringle each dated the 23rd day of May 1857 namely—One acre one rood and thirty-eight perches being lot one of section two One acre twenty-two perches being lot two of section two Three roods and thirty-five perches being lot three of section two Three roods and twenty-four perches being lot four of section two Lots two three four five seven eight nine and ten of section three each containing one acre.
A Iso four acres two roods comprised in a Crown Grant to Eobert Pringle dated the 24th day of January 1857 being section one.
Thirdly—All those pieces of land in the parish of Moolumoola and county of Parry consisting respectively of eighty acres comprised in a Crown Grant to David AV îlliamson Irving and "William Frederick M'Carthy dated the 10th day of December 1877 being ])ortiou 25.
Also one hundred and ninety-five acres three roods comprised in a Crown Grant to David Williamson Irving and ICilliam Frederick M'Carthy dated the 10th day of December 1877 being portion 24.
Also forty acres comprised in a Crown Grant to David "Williamson Irving and "William Frederick M'Carthy dated the 10th day of December 1877 being portion 23.
Also forty acres comprised in a Crown Grant to David AVilliamson Irving and William Frederick M'Carthy dated the 19th day of August 1879 being portion 26.
Also forty acres comprised in a Crown Grant to David Williamson Irving and AVilliam Frederick M'Carthy dated the 21st day of April 1879 being portion 27.
Also forty acres comprised in a Certificate of Title in favour of John M'Donald David AVilliamson Irving and William Frederick M'Carthy as joint tenants dated the 24th day of April 1877 being portion 3.
A L so forty acres comprised in a Certificate of Title in favour of John M'Donald
David Williamson Irving and William Frederick M'Carthy dated the 24th day of April
1877 being portion 1.
Also three hundred and twenty acres comprised in a Certificate of Title in favour of John M'Donald David Williamson Irving and William Frederick M'Carthy dated the 24th day of April 1877 being portion 2.
Also the sixteen jiarcels next hereinafter mentioned comprised in a Certificate of Title in favour of John M'Donald David Williamson Irving and William Frederick IM'Carthy dated the 24th day of April 1877—Two hundred and thirty-four acres one rood being portion 4 One hundred aud sixty acres being portion 5 Sixty acres three roods being portion 0 One hundred and twenty-one acres two roods being jiortion 7 Eighty acres being portion 8 One hundred and sixty acres being portion 9 Eighty acres being portion 10 One hundred and sixty acres being portion 11 Eighty acres
being
| 50° VIC. | 1886. |
'Pringle’s Estate Mortgaging.
| being portion 12 | One liundred and sixty acres being portion 13 | Eighty acres being |
| portion 14 | One hundred and sixty acres being portion 15 | Eighty acres being portion |
| 10 | One hundred aud sixty acres being portion 17 | One hundred and sixty acres being |
| portion 18 | One hundred and sixty acres being portion 19. |
Also forty acres comprised in a Crown Grant to David Williamson Irving and Willi.am Frederick M'Carthy dated the 9th day of April 1883 being portion 21.
Also forty acres comprised in a Crown Grant to David Williamson Irving and William Frederick M'Carthy dated the 9th day of April 1883 being portion 22.
Also forty acres comprised in a Crown Grant to Robert Pringle dated the 1st day of June 1880 being portion 29.
Fourthly—All those pieces of land in the parish of Bubbogullion and county of Inglis consisting respectively of sixty acres comprised in a Crown Grant to Robert Pringle dated the 29th day of September 1876 being portion 32.
Also three hundred and twenty acres comprised in a Crown Grant to David AVilliainson Irving and William Frederick M'Carthy dated the 18th day of March 1879 being portion 33.
Also three hundred and twenty acres comprised in a Crown Grant to Robert Pringle dated the 29th day of September 1876 being portion 34.
Also forty acres comprised in a Crown Grant to David Williamson Irving and William Frederick M'Carthy dated the 1st day of April 1878 being pertion 36.
Also one hundred acres comprised in a Crown Gr.ant to Robert Pringle dated the 29th day of September 1876 being portion 37.
Also forty acres comprised in a Crown Gr.ant to D.avid AFilliamson Irving and AV̂ illiam Frederick M'Carthy dated the 21st day of April 1879 being portion 62.
The following six parcels severally comprised in six Crown Grants to Robert Pringle each dated the 28th day of .July 1862—Seventy-nine .acres being jiortion 1 Eighty-eight acres being portion 2 Xinety-seven acres being portion 3 One hundred and four acres being portion 4 One hundred and nine acres being portion 5. One hundred .and one acres being portion 6.
The following twenty-five parcels comprised in a Certificate of Title in Favour of
John M'Don.ald David AVilliamson Irving AVilliam Frederick M'Carthy as joint tenants
dated the 24th day of April 1877—Fifty-two acres being portion 7 Seventy-two acres
| being portion 8 | Seventy-six acres being portion 9 | Two portions each of seventy-eight |
| acres being portions 10 and 11 | Eighty-eight acres being portion 14 | Two hundred and |
fifteen acres being portion 15 One hundred and two acres being portion 16 Seventy- four acres being portion 17 Forty acres being portion 23 I7inety acres three roods ten perches being portion 25 Fifty acres being portion 27 Ninety-one acres being portion 26 One hundred .and fifteen acres three roods being portion 46 Eighty acres two roods being portion 47 Eighty-four acres being portion 48 One hundred and sixty-nine acres one rood being portion 49 One hundred and twelve acres two roods being portion 50 One hundred and eighty acres being portion 51 One hundred and nineteen acres three roods being portion 52 One hundred and thirty-two acres two roods being portion 53 Ninety-four acres three roods being portion 54 Ninety-eight acres one rood being portion 55 Eighty-eight acres being portion 56 Four hundred and seventy-eight acres comprised in a Crown Grant to Robert Pringle dated the 18th day of M.ay 1866.
Also sixty one acres one rood comprised in a Crown Gr.ant to David Williamson Irving and William Frederick M'Carthy d.ated the 25th day of April 1881 being portion 171.
Also three hundred and thirteen acres comprised in a Crown Grant to Robert Pringle dated the 13th day of June 1861 being portion 19.
Also eighty acres comprised in a Crown Grant to David Williamson Irving dated the 29th day of .T.anuary 1883 being portion 166.
Fifthly—All those pieces of land in the parish of Bloomfied and county of Inglis consisting respectively of the seven parcels near Somerton next hereinafter men tioned severally comprised in seven Grown Grants to Robert Pringle e.ach dated the 7th d.ay of March 1860—Twenty-three acres twenty-eight perches being portion 1 Twenty acres two roods thirty-three perches being portion 2 Nineteen acres three roods four teen perches being portion 3 Twenty acres ten perches being portion 4 Fifty-seven acres two roods fourteen perches being portion 5 Thirty-one acres ten perches being
| portion 6 | Seventy-five acres one rood fourteen porches being portion 7. |
| Also twenty-two acres comprised in a Crown Grant. | ' |
Also three portions each cont.aining eighteen acres ne.ar Somerton being portion 9 comprised in a Crown Grant to Patrick Byrnes dated the 7tli day of M.arch 1860 and portions 10 and 11 sevcr.ally comprised in two Crown Grants to Robert Pringle each dated the 7th day of March 1860.
Also three portions ne.ar Somerton sever.ally comprised in three Crown Gr.ants to Robert Pringle each containing twenty-seven acres dated the 7th day of M.arch 1860 being portions 12 13 and 14.
Also two portions ne.ar Somerton each containing thirty-tlirec acres sevcr.ally com prised in two Crown Grants to Patrick Byrnes and George Gardiner dated the 7th day of March 1860 being portions 15 and 16.
Also three portions near Somerton severally comprised in three Crown Grants to Robert Pringle each dated the 7th day of March 1860 each cont.aining thirty acres being portions 17 18 and 19.
Also
| 1886. | 50̂ ̂VIC. | 39 |
'Pringle's Estate Mortgaging.
Also four acres tlircc roods ciglit perches comprised in a Crown Grant to David Williamson Irving and William Froderick M'Carthy dated the 1st day of July 1878.
Also sixteen acres one rood twenty-three perches comprised in a Crown Grant to David Williamson Irving and William Frederick M'Carthy dated the 1st day of July 1878.
Also sixteen acres comprised in a Crown Grant to David Williamson Irving and William Frederick M'Carthy dated the 1st d.ay of July 1878.
Also sixteen acres com]irised in a Crown Grant to David Williamson Irving and AVilliam Frederick M'Carthy dated the 1st day of July 1878.
Also the sixty-eight parcels next hereinafter mentioned comprised in a Certificate of Title in favour of John M'Donald David Williamson Irving and AFilliam Frederick M'Carthy as joint tenants dated the 21th day of A])ril 1877—Twenty-six acres six perches being portion 8G Thirty acres being portion 71 Twenty acres being portion 75 Thirty aere.s being portion 7G Forty-six acres being portion 77 Forty-eight acres being portion 78 Twenty-three acres three roods eight perches being portion 79 Twenty acres one rood twenty-four perches being portion SO Forty acres three roods eight perches being
| portion 81 | Forty acres three roods eight perches being portion 82 | 8ixty acres being |
])ortion S3 Fifty-six acres being portion 81 Fortj^-seven acres being portion 85 Twenty-three acres three roods eight perches being portion 87 Twenty acres one rood twenty-four perches being jiortion 88 Ten acres three roods twenty perches being portion 5G Eighteen acres three roods sixteeir perches being portion 57 Fifteen acres
| ihree roods thirty-two perches being portion G2 | Twenty-six acres sixteen perches being |
| Jiortion G3 | Twenty-three acres thirty-two perch.es being portion GG | Thirty-four acres |
| three roods eight porches being portion G7 | Tu'i'iity-thrcc acres thirty-two perches being |
■Jiortion 70 Twenty-six acres sixteen jiorches being portion 72 Thirty-seven acres two roods thirty-two perches being portion 73 Eighteen acres being portion 20 Twenty- six acres being portion 21 Eighteen acres being jiortion 25 Twenty-four acres being Jiortion 29 Thirteen acres eight perches being jiortion 32 Thirteen acres eight perches being portion 3G Ten acres three roods ciglit perches being jiortion 42 kScvcntccn acres one rood twenty-four jierchcs being por'tion 45 Twenty-six acres sixteen perches being jiortion 51 Eighteen acres three roods .sixteen porches being jiortion 58 Twenty- three acres thirty-two perches being portion 71 Twenty-one acres two roods sixteen
| jicrches being jiortion 41 | Thirty-four acres three | roods eight jierchcs being portion 48 |
| Twenty-six acres sixteen jierches being jiortion 52 Twenty-nine acres | being jiortion 53 |
| Twenty-nine acres being portion 51 | Ten acres three roods twenty perches being portion |
55 Three portions eacli containing twenty-three acres thirty-two perches being portions
| G5 G8 and G9 | Two portions eacii containing twenty-four acres being j)ortions22 and 23 |
| Twenty-six acres being portion 21 | Eighteen acrci being jiortion 2G | Twenty-six acres |
| being portion 27 | Twenty-four .acres being portion 28 | Twelve acres being portion 30 |
| Fourteen acres being jiortion 31 Thirteen acres | eight perches being jiortion 33 Ten |
| acres three, roods twenty perches being portion 31 | Ten acres three roods twenty perches |
| being portion 35 | Tliirteen acres ciglit perches being jKirtion 37 | Fourteen acres being |
| Jiortion 38 | Twelve acres being jiortion 39 | Twenty-four acres being portion 40 |
| Twelve .acres two roods sixteen jicrches being portion 43 | Twenty acres one rood eight |
| Jierchcs being portion 41 | Thirty-four acres three roods eight porclics being portion 47 |
| iSeventeen .acres one rood twenty-four perches being jiortion 49 | Twenty acres one rood |
eight Jierches being portion 50 Twenty-six acres sixteen perches being portion 59
| Twenty-nine acres being portion GO | Fifteen acres three roods thirty-two perches being |
| portion Gl | Twenty-six acres sixteen jierches being portion Gl. |
Sixthly—All those jiieces of laud in the parish of AVinton county of Parry respectively consisting of forty acres comprised in a Crown Grant to Ilobert Pringle dated the 29th day of Sejiteinber 187G being jiortion 14.
Also three hundred and twenty acres comjiriscd in a Crown Gr.ant to Eobert Pringle dated the 29th day of Sejitember 187G being portion 17.
Also four parcels eacli containing one hundred and sixty acres sevcr.ally comprised in four Crown Gr.ants to Eobert Pringle each dated the 20th day of October 1S7G being jiortions 47 48 50 and 51.
Also one hundred and sixteen acres one rood comjirised in a Crown Grant to Eobert Pringle dated the 20th day of October 187G being portion 49.
Also two hundred and two acres comjiriscd in a Crown Grant to Eobert Pringle dated the 20th day of February 1877 being portion 52.
Also one hundred .and twenty acres comprised in a Crown Gr.ant to Eobert Pringle dated the 2nd day of Al.arch 1877 being portion 45.
Also three hundred .and twenty acres comprised in a Certificate of Title in favour of John M'Donald and others dated the 24th day of Ajiril 1877 being the land originally granted to Eobert Pringle by Crown Grant dated the 10th d.ay of hlovember 18G4.
Also one hundred and sixty acres comprised in a Crown Grant to D.avid AVilliamson Irving and AV̂ illiam Frederick Al'Carthy dated tlic 10th d.ay of April 1877 being portion G4.
Also one hundred and fifty-nine acres one rood comprised in a Crown Gr.ant to David AVilliamson Irving and William Frederick M'Carthy dated the 10th day of April 1877 being portion G3.
Also two portions each containing one hundred and sixty acres and severally com prised in two Crown Grants to David Williamson Irving and William Frederick M'Carthy each dated the 10th day of April 1877 being jiortions GG and 67.
Also
| 50̂ VIC. | 1886. |
Fringle's Estate Mortgaging.
Also one hundred and ninety-three acres one rood comprised in a Crown Grant to David Williamson Irving and William Frederick M'Carthy dated the (ith day of February 1877 being portion Gl.
Also one hundred and thirty-five acres comprised in a Crown Grant to David Williamson Irving and William Frederick M'Carthy dated the 2Sth day of February 1877 being portion 43.
Also three hundred and tw'enty acres eomprised in a Crow'ii Grant to David Williamson Irving and William Frederick M'Carthy dated the 17th day of Juno 1876 being p)ortion 55.
Also one hundred and fifty-four acres comprised in a Crown Grant to David Williamson Irving and William Frederick M'Carthy dated the 15th day of February 1877 being portion GS.
Also forty acres comprised in a Crown Grant to David Williamson Irving aud William Frederick M'Carthy dated the 2 ist day of April 1879 being portion (>5.
Also the five parcels next hereinafter mentioned and severally comprised in. five Crown Grants to David Williamson Iriviug and William Frederick M'Carthy each dated the Gth day of February 1877—Seventy-six acres one rood being portion GO Four portions each containing one hundred and sixty acres being portions 69 70 71 and 72.
Also the two parcels next hereinafter mentioned and severally comprised iu two Crowui Grants to David Williamson Irving and William Frederick M'Carthy each dated the 28th day of February 1877 Forty acres being portioji 44 and one hundred and sixty acres being p>ortion 46.
Also the twenty-four parcels next hereinafter mentioned and comprised in a Certificate of Title in favour of John M'Donald David Williamson Irving and William Frederick M'Carthy as joint tenants dated the 24th day of April 1877—One hundred and sixty acres originally granted to Kobert Pringle by Crown Grant dated the 10th day
| of November 1SG4 | Two portions each containing fifty acres being portions 12 and 13 |
| Two hundred and fifteen acres three rooils being portion 19 | One hundred and seven |
| acres twm roods being portion 2J | One hundred aud three acres being portion 21 | One |
hundred and two acres one rood being portion 22 One hundred and four acres two roods being portion 23 Ninety-eight acres one rood being portion 24 One hundred acres two roods being portion 25 One hundred acres being portion 2G Eleven portions each containing one hundred and sixty acres bcijig portions 27 to 37 both inclusive One hundred and fifty-seven acres two roods being portion 38 Forty acres originally granted to Eobert Pringle by Crown Grant dated the 10th day of November 1861.
Also one hundred and sixty acres comprised in a Crown Grant to Eobert rringlc
being portion 3.
Also three portions each containing throe hundred and tw'eiity acres respectively comprised in three several Crown Grants to Eobert Pringle being portions 1 5 aud 6.
Forty acres being portion 42.
Also seventy-six acres comprised in a Crown Grant to John 31'Donnld David
Williamson Irving and William Frederick M'Carthy being portion 59.
Also One hundred aud eleven acres two roods comprised in a Crown Grant to John
M'Donald David Williamson Irving and William Frederick IM'Carthy being portion 53.
Fifty acres comptrised in a Crown Grant to Herbert Tiffin Stephen JM'Carthy dated the 25th day of October 1880 being ptortion 7.
Three hundred and twenty acres compjrlsed in a Crown Grant to William Frederick M'Carthy and David Williamson Irving dated the 5th day of October 1880 being portion 18.
One hundred acres being portion 41.
Seventhly.—-Three pieces of laud in the ptarish of Burdekin and county of Inglis
consisting of two parcels comprised in a Certificate of Title in favour of John M'Donald and others as joint tenants namely—One hunilred aud sixty acres being portion 30 and Forty acres being portion 31 and of one piarcel comprised in a Crown Grant to David Williamson Irving and AFilliam Fredcriclv M'Carthy dated the 10th day of December 1877 namely—Thirty-six acres fifteen perches being portion 150.
Also a pneco of land in the piarish of Tamworth and county of Inglis comprised in a Certificate of Title iu favour of John M'Donald and others' dated the 24th day of Apmil 1877 namely—Forty acres being pmrtion 71.
PART n.
Four parcels of land situated in the piarish of Bcctive and county of Parry con sisting of one hundred and sixty-one acres conditionally purchased by James Starr at Tamworth on the loth day of June 1875 being portion 91 Also three hundred and twenty acres conditionally purchased by Thomas Browii at Tamworth on the 8th day of April 1869 being portion 45 Also three hundred and twenty acres conditionally pur chased by Eobert Pringle at Tamworth on the 3rd day of August 1871 being portion 71 Also three hundred and twenty acres conditionally purcliasecl by Bodley at Tamworth
| being p)ortion 62. | ' |
Thirteen p)arcels of laud situaled in the p)arish of iSomerton and county of Parry consisting of threi; hundred and twenty acres conditionally purchased by John Syms at Tamworth on the 2nd day of February 1871 being piortiou 98 Three hundred and twenty acres conditionally p)urchased by Robert .Tohnson at Tamworth on tlie 28th dnv of May 1874 being piortion 124 Also three hundred and three acres three roods thirlI'-three
pierches
| 1886. | 50« VIC. | 41 |
JPringle's Estate Mortgaging
perches conditionally purdias^ed by Eichard Henry O’Kelly at Tamworth on the 14th day of May 1874 being ])ortions 29 to 31? both inclusive Also three hundred and twenty acres conditional!}' purchased hy Thomas Keating at Tamworth on the 11th day of Kovemher 1869 being portion 8 Also ibrty acres conditionally purchased by Thomas Gibson at Tamworth on the 22nd day of February 1872 being portion 24 Also ono hundred acres conditionally ])urchased by I'Tederick M 'l'aite at Tamworth on the 9th day of March 1876 being j)ortions 141 and 142 Also three liundred and twenty acres con ditionally purchased by Henry llignall at Tamworth on the 27th day of Alarch 1879
| being portion 145 | Also three hundred and twenty acres conditionally purchased by |
Eichard Eignall at Tamworth on the 27th day of March 1879 being portion 146 Also ono hundred acres canditionally purchased by Eobert Eignall at Tamworth on the 27th day of March 1879 being portion 147 Also two hundred aud twenty-live acres con ditionally purchased by David ATilliamson Irving at Tamworth on the 21 st day of December 1882 being portion 156 Also ninety-five acres conditionally purchased by David Williamson Irving at Tamworth on the 27th day of September 1883 being jiortion
153 Also one hundred acres conditionally purchased by David Williamson Irving at Tamworth on the Sth day of May 1884 being portion 155 Also eighty acres con ditionally purchased by David Ŵ’iHiamson Irving at Tainwortli on the 23rd day of October 1884 being portion 157.
Ten parcels of land situated in the parish of Winton county of Parry consisting of two hundred acres conditionally purchased by Theojihilus Bennett at Tamworth on the 12th day of Pebruary 1874 being portion 40 Also two hundred acres conditionally purchased by Joseph Bennett at Tamworth on the 12th day of February 1874 being portion 39 Also forty acres conditionally purchased by Eichard Taylor at Tamworth on the 16th day of September 1875 being portion 73 Also six hundred and thirty-ono acres conditionally purchased by Herbert Tililn kSto])lien M'Carthy at Tamworth on the 13th day of September 1876 being portions 54 56 57 and 58 Also three hundred and twenty acres conditionally purchased by Eobert Hpson at Tamworth on the 4th day of April 1872 being portion 15 A l s o three hundred and twenty acres conditionally pur chased by John Daly at Tamworth on the 2nd day of September 1875 being ,])ortioii 76 Also seventy-six acres three roods conditionally purchased by John Daly at Tamworth on the Sth day of l’'ebruary 1877 being portion 75 Also two hundred and seventy acres conditionally purchased by Herbert M'Carthy at Tamworth on the 7th day of February 1878 being portion 77 Also three hundred and twenty acres conditionally purchased by Herbert M'Carthy at Tamworth on the 14th day of I'cbruary 1878 being portion 78 Also three hundred and twenty acres conditionally purchased by David M^illiainson Irving and William Frederick M'Carthy at Tamworth on the 17th day of April 1879 being portions 59 60 and 61.
Fifteen parcels situated in the parish of Bubbogullion and county of Inglis con sisting of three hundred aud twenty acres conditionally purchased by Jane Yv̂ alsh at Tamworth on the 16th day of April 1868 being portion 21 Also three hundred aud twenty acres conditionally purchased by Thomas Keating at Tamworth on the 1st day of May I860 being portion 20 Also one hundred acres conditionally purchased hy George Simms at Tamworth on the 22ud day of July 1875 being portion 103 Also three hundred and twenty acres conditionally purchared by Charles Gardencrat Tamworth on the 28th day of October 1 869 being portion 24 Also forty acres conditionally pur chased by John Symes at Tamworth on the 31st day of Alay 1877 being portion Hi9 Also one hundred and eigb.teen acres two roods conditionally purchased by Joseph Fletcher at Tamworth on the 14th day of June 1877 being portion 179 Also six hundred and forty acres couditiojially purchased by Thomas Cantwell at Tamworth on the 3rd day of August 1876 being Jiortion IK) Also three hundred and thirteen ai-res two roods conditionally jjurchased by Hanrahan at Tamworth on the tiOth day of July 1868 Also three hundred and twenty acres conditionally purchased by Jane AV'̂ alsh at Tamworth on the 16th day of April 1868 being portion 22 Also three hundreil and twenty acres conditionally jmrehased by Thomas Cunneen at Tamworth. on the 2nd day of July 1874 being portion 28 Also ninety acres conditionally purchased by Josej)h Fletcher at Tamworth on the 31st day of May 1877 being portion 170 Also eighty acres conditionally jturchased by John IM'Bean at Tamworth on the Sth day of November 1877 being portion 165 Also two hundred and thirteen acres conditionally purchased by David Williamson Irving at Tamworth on the 25th day of August 18S1 Also eighty-two acres conditionally purchased by David AVilliainson Irving at Tamworth on tho 29th day of March 1883 being portion 207 Also ono hundred and iivc aere.s conditionally purchased by David Williamson Irving at Tamworth on the 11th day of December 1884 being portion 208.
Also one hundred acres situated in the parish of Burdekin and count}’' of Inglis conditionally pupchased by Aloses Hanrahan on the 18th day of June 1863 at Tamworth being ’portion 2 Also three hundred and twenty acres situated in tho jiarish of Burdekin and county of Inglis conditionallv purchased by Mary Ann Cantwell on the 3rd day of August 1876 being portion 115.
PART III.
Forty-two thousand sheep or thereabouts of mixed sexes and various ages.
Four hundred and four head of cattle or thereabouts.
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