Scott's Leasing Act of 1873 No sla (NSW)

Scott’s L easing.

An Act to authorize and empower William Scott and George Scott to grant Leases for Mining and other purposes of certain Lands devised by the Will of the late William Scott. [10// ̂December, 1873.]

\ J ^ IIEE.EAS William S<!ott late of Long Swamj) in tlio Colony of IT New South Whales farmer deceased being seized of the lands

and hereditaments hereinafter mentioned and described duly made and executed his last will and tcstamenl; in writing dated the first day of October one thousand eight hundred and sixty-eight and thereby devised unto his son George Scott (among other things) All those three hundred and twenty-nine acres or thereabouts of land described in the first schedule to this Act being the southern portion of six hundred and fifty-eight acres of land situate at the Mulloon in the county of Murray in the said Colony granted to the said testator by grant dated the twenty-eighth day of May in the year one thousand eight hundred and thirty-nine to he held and enjoyed by him during tlic term of his natural life without impeachment of waste and subject thereto unto and to the children of his said son George Scott in such shares and proportions and subject to such restrictions reservations and limitations over as his said son Gc^orge by any dcc'd or deeds or by his last will and testament in writing or any codicil or codicils thereto might direct limit or appoint the same And in dclault of such appointment and so far as any such might not extend the testator devised the same lands to and amongst such of the childrcu of his said son George as might ho living at tlic time of his death share and share alike as tenaarts in common and not as joint tenants to take on tlicir attaining their respective ages of twenty-one years if a son or sons or if a daughter or daughters on attaining that age or marrying which should first happen And the testator also devised unto his son 'William Scott (among other things) jdl those six hundred and forty acres of Ian J at the head of the Mulloon aforesaid granted to him on the twenty-eighth day of May in the year one thousand eight .

hundred and thirty-nine and described in the second schedule to this Act to he held and enjoyed by the said William Scott during the term of his natural life without impeachment of Avasto and subject thereto unto and to the children of his said son ’̂ Villiam in such shares and j)roportions and subject to such powers of appointment by him and Avith such limitations over in favour of his children in every respect mutalis mutandis as are in the said Avill before declared in respect of the devise made by the testator to his said son George Scott And the said t(!stator also devised unto his son Lobert S(;ott (among other tilings) all those six hundred and forty acres of land in the county of

Murray

20	3 r VIC.	1873.
Scott’s Leasing.

Murray aforesaid granted to him by grant dated the fourth day of May in the year one thousand eight hundred and thirty-six and des­ cribed in the third schedule to this Act to he held and enjoyed by him during the term of his natural life without impeachment of waste and subject thereto unto and to the children of his said son Eohert in such shares and proportions and subject to such powers of appointment and with such limitations over in favour of his children in every respect mutatis mutandis as are in the said will before declared in respect of the devises made by the testator to his several sons in the will before mentioned and in default of such children or child of his said son Robert the said testator devised three hundred and twenty acres being the northern half of the said six hundred and forty acres unto his said son George and his children in the same manner for the same estate and with the same power of appointment as are in the said will before declared with respect to the devise thereinbefore made to him and them and the said testator devised three hundred and twenty acres being the southern half of the said six hundred and forty acres unto his said son William and his children in the same manner for the same estate and with the same power of appointment as are in the said will before declared with respect to the devise hereinbefore made to him and them and the testator appointed his said sons George Scott and ’William Scott executors of his will And whereas the said William Scott the testator died on the eighteenth day of November one thousand eight hundred and sixty-eight without having altered or revoked his said will leaving the several persons therein named him surviving And whereas the said George Scott has alienated his said life estate in the lands devised to him by the said will comprising among other lands the land first described in the said first schedule to this Act And whereas the land first described in the said first schedule (excepting as therein is excepted) is now vested in Edward Smith Hill and William Erederick Cape both of Sydney aforesaid and the land secondly described in the said first schedule to this Act (being the said excepted land) is now vested in ’William Russell and Wallace Gordon both of Sydney aforesaid And whereas the said George Scott is married and has issue infants under the age of twenty-one years respectively And whereas the said William Scott is married and has issue infants under the age of twenty-one years respectively and whereas tlie said Robert Scott has never married And whereas the said will does not contain any power or authority to grant leases of the said lands and hereditaments or any part thereof And whereas the said lands are situate in a neighbourhood abounding in minerals and some valuable copper mines have been discovered upon and under the said lands or some of them but there is no power to grant a lease of the said lands or any of them for any term beyond the life of the respective tenants for life And Avhereas it will be greatly for the benefit of all parties interested in the said lands and hereditaments that there should he a power of granting leases of the said lands and hereditaments for mining purposes Be it therefore enacted by the Queen’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:—

Power to grant 1. I t shall be lawful for the said AVilliam Scott and George

mining leases. Scott or the survivor of them as to the land first described in the first schedule to this Act (excepting as in the said schedule mentioned) Avith the consent in writing of the said Edward Smith Hill and AAilliam Erederick Cape or their assigns and as to the lands secondly described in the said first schedule (being the said excepted land) Avith the consent of the said AVilliam Russell and

Wallace

1873.  37" VIC.

Scott’s Leasing.

Wallace Gordon or their assigns And as to the lands descrihed in

the second and third schedules to this Act of the sole authority of tin;

said William Scott and (!eorgc Scott or of the survivor of them to

demise hy A\'ay of lease hy deed or deeds for any ternr of years not

exceeding twenty-one years to take effect in possession all or any of

the mines lodes ores minerals coals quarries stone clay sand and

suhstanees in under or upon the said lands respectively or any part

ther('of eitlu'r with or without any messuages huildings lands or

hereditaments convenient to he held with the same respectively and

either with or without the surface of the lands in or under Avhieh the

same or any part thereof rcspcetiA^ely shall he and AAdiethcr the same

have or hav(' not hcen hitherto opened or Avorked together Avith all

such liherti('s licenses poAvers and }>rmleges for searching for and

AA'orking the said mines and lodes and for getting AÂ ashing smelting

homing rendering merehantahlc and dis]iosing of the said ores

minerals coals quarries stone clay sand and suhstanees as to the pewson

or persons for the time heing exercising the power hereby given shall

seem expedient so as there' he rcseiwed in CA'cry such lease the hc'st

rent or rents tolls duties j'oyalties or reseiwal ions hy the acre the ton

or otherAvise to he incident to the immediate rcA êrsion that can he

roasonahly obtained Avithout taking anything in the nature of a time

or pn'inium and so as there he contained in every such lease a

condition of re-entry for non-payment or non-delivery Avithin a reason-

ahlc time to ho therein specified of the rent or rents tolls duties

royalties or rcscrA'ations thcri'hy reserved or for non-ohseiwance or

non-performance of coA'enants hy the lessees and so as the lessee or

lessees do execute a counterpart thereof and do thereby covenant for

the duo payment or deliA'cry of the rent or rents tolls duties royalties

or reservations thereby reserved Provided always that the reserA'a-

tion of rents tolls duties or royalties shall not he taken to he in the

nature of a tine or premium though the etfect of such rosi'rvation	'
may eventually he disadvantageous to the remainder man Provided also that at h'ast twenty per cent, of the gross proceeds of the said rent or rents tolls duties and royalties during the currency of any lease that may he granted shall he applied hy the said William Scott and George Scott toAA'ards the cdue.ation and advaneemi'iit in life of tlieir children.

2. Whenever the said William Scott and George Scott or cither row er to appoint

of them or any trustee or trustees appointed as hereinafter ])rovided

shall die or go to reside out of the Colony of Now South AVales or ch'sire to be discharged from or refuse or hecome unfit or incapable to act in the trusts or poAvers in them or him reposed before the same sliall have been fully discharged and performed it shall he laAvful fur the survivor of them the said William Scott and George Scott or the acting executor or administrator of such survAor or for the surviAung or continuing trustee or trustees for the time heing or the acting executors or administrator of the last surviving or continuing trusti'c hy instrument in Avriting to appoint any new trustee or trustees in the place of the person or persons so dying or going to reside out of tlie said Colony or desiring to he discharged or refusing or becoming uniit or incapable to act as aforesaid and every ncAV trustee or trustees appointed as aforesaid shall have the same poAvers autlioritii's and discretions and shall in all resjiects act as if he or they had been originally nominated in this Act.

3. This Act shall he knoAvn and may he cited for all purposes Short title,

as “ Scott’s Leasing Act of 1873.”

SCHEDULES,

37" VIC.	1873.
Scott’s Leasing.
SCHEDULES.
FIRST SCHEDULE.

First—All that parcel of land in the Colony of New South "Wales containing by admeasurement three hundred and twenty-nine acres or thereabouts be the same more or loss situate in the county of Murray at the Mulloon being the southern half or portion of six hundred and iifty-eight acres or thereabouts granted to the said William Scott by grant dated the twenty-eighth day of hlay one thousand eight hundred and thirty-nine Commencing at the south-west corner of six hundred and forty acres on the Mulloon granted to the said William Scott and bounded on the east by part of the west boundary of that land being a line bearing north forty-five chains and eighty-five links on the north by the northern half or portion of the said six hundred and fifty-eight acres being a line bearing west sixty-nine chains to the east boundary of another six hundred and forty acres granted to the said William Scott on part of the west by part of the east boundary of the last-mentioned six hundred and forty acres being a line bearing south thirty-four chains and thirty-five links again on the north by a line bearing west eleven chains and on the remainder of the west by a lino bearing south eleven chains and fifty links to the north-west corner of another six hundred and forty acres and on the south by the north boundary of that land being a line bearing east eighty chainjs to the point of commencement excepting therefrom and always reserving thereout the piece or parcel of land next herein mentioned th.at is to say (secondly) All that piece or parcel of land being portion of the said three hundred and twenty-nine acres herein­ before described containing by admeasurement forty-seven acres Commencing at a gum- tree marked on four sides on the right bank of the Mulloon Creek in the said county of Murray distant sixteen chains and forty links west from the north-cast corner of the said three hnndred aud twenty-nine acres Bounded thence on the nortli by a lino bearing east eleven chains on the cast by a line bearing south nineteen chains on the south by a line bearing west twentv-seven chains to the Mulloon Creek on the west by the right bank of the hlulloon Creek to its intersection with the northern l)oundary-liuc of tlic said three hundred and twenty-nine acres and thence again on the north by that boundary­ line bearing cast ten chains sixty links to the point of commencement.

SECOND SCHEDULE.

All that piece or p.arccl of land in the said Colony enniaining by admeasurement six hundred and forty acres bo the same more or less situate in the county of Murray at the licad of tlie Alulloon Commencing at the south-west corner of William Scott’s six hundred and forty acres and bounded on the north by that land being a line bearing east eighty chains on the east by a line bearing south eighty chains on the south by a lino blearing west eighty chains and on the west by a line bearing north eighty cdiains to the south-west corner of AV̂ illiam Scott’s six hundred and forty acres aforesaid being the land sold as lot fifteen in pursuauce of the advertisement of 30th January 1839.

THIRD SCHEDULE.

All that jiarcel of land in the said Colony containing six hundred .and forty acres situated in the county of hlurray at Mulloon aforesaid bounded on the north by the section-line which forms the south boundary of a measured portion of six hundred and forty acres west eighty chains commencing at the south-west corner of the said six hnndred and forty acres on the west by a section line south eighty chains on the south by a section-liuc cast eighty chains and on the cast by a section-line north eighty chains to the south-west corner of the six hundred and fort}' acres aforesaid being the land sold as lot 23 in pursuance of advertisement of 1st December 183.5.