Sales by Trustees Confirmation Act 1916 (NSW)

SALES BY TRUSTEES CON-

FIRM ATIOX A(T.

Act No. 40, 1910.

"\^\TILKKEAS trustees and others in the intended V ¥ exercise of trusts or powers authorising them to dispose of laud by sale, exchange, partition, or enfran- chisement have disposed of land, subject to such trusts or powers with an exception or reservation of minerals,	and
An	A c t to confirm cer ta in	sales, exchanges , pa r t i -

t ions , enf ranchisements , and con t rac t s by

t r u s t ee s a n d o thers . [Assented to , 19 th Sep-

t e m b e r , 191').]

and either with or without rights and powers for or incidental to the working, getting, and carrying away

of such minerals or otherwise relating thereto, or have
so disposed of minerals with or without such rights and
powers separately from the residue of the land, such mode of disposition not being expressly authorised nor forbidden by the instrument creating the trust or power : And whereas it is expedient to confirm such dispositions as aforesaid. Be it therefore enacted by the
King's Most Excellent Majesty, by and with the advice
and consent of the Legislative Council and Legislative
Assembly of New South Wales in Parliament assembled,
and by the authority of the same, as follows : —
1. This Act may be cited as the " Sales by Trustees Contirmation Act, 1916."
2. No sale, exchange, partition, enfranchisement, or contract for sale at any time heretofore of land by any trustee or other person expressed or intended to be made in exercise of any trust or power authorising the sale,
exchange, partition, or enfranchisement of land, and not
forbidding the reservation of minerals, and which sale,
•exchange, partition, enfranchisement, or contract shall
have been made with an exception or reservation of minerals, and with or without rights or powers for or incidental to the working, getting, and carrying away of such minerals or otherwise relating thereto shall be invalid on the ground only that the trust or power did not ex- pressly authorise such exception or reservation, but such
sale, exchange, partition, enfranchisement, or contract
shall be deemed to have taken effect in the same manner as if the exception or reservation had been authorised by
the trust or power; and no sale, exchange, partition, or
contract for sale heretofore made as aforesaid of any
minerals separately from the residue of the land subject to the trust or power intended to have been exercised, and either with or without such rights or powers as aforesaid, shall be invalid on the ground only that the trust or power did not expressly authorise such sale,
exchange, or partition, but such sale, exchange, partition, or contract shall be deemed to have taken effect in the
same manner as if such mineral rights and powers (if
any) had been expressly authorised to be so dealt with
separately from the residue of such land; but this

enactment

enactment shall not be deemed to confirm any sale, exchange, partition, enfranchisement, or contract for sale already declared by a court of competent juris- diction to be invalid, nor to confirm or ail'ect any sale, exchange, partition, enfranchisement, or contract for sale as to the validity of which any suit or other pro- ceeding is now pending.