Serisier's Estate Act of 1884 No sea (NSW)

112 48*’ VIC. 1884.

Serisier’s Uslate.

sekisik̂ estate . An Act to authorize the Mort^’age and Leas­ ing of certain Lands and Hereditaments devised by the Will of Jean Emile Serisier deceased and for other purposes. [21

October, 1884.]

Preamble.

\V 71IE 11E A S Jc'aii Emile Serisier formerly of Eulilio but late of V V Sydney in the Colony of N(uv South Wales general storekeeper

deceased was at the time of his death hereinafter mentioned seized and possessed for an estate of inheritance in fee simple of the lands and hereditaments in the Eirst Schedule to this Act mentioned and described free from incumbrances subject as to the last two parcels thereof to the payment to the Government of fifteen shillings per acre and of the lands and hereditaments in the Second Schedule to tliis Act mentioned and described subject to a mortgage from the said Jean Emile Serisier to the Commercial Banking Com[iany of Sydney which said mortgage has siiice the death of the said Jean Emile Serisier been paid released and discharged and whereas the said Jean Emile Serisier duly made and published his last will and testament dated the fourth day of June in the year one thousand eight hundred and seventy-nine and thereby gave devised and bequeathed to his Trustees thereinafter named the whole of bis r(\al and personal estate; upon trust to pay to his wife Margaret Bertaux then INlargaret Serisie'r oiuMjuarter of tin; rents and profits of his real and personal estate for her life-time should she remain bis widow but in the event of his said wife contracting marriage within eighteen months of his decease then he directed his Trustees to pay to his said wife only one-sixth of the rents and profits of his said estate for her life free from the debts control or engage­ ments of any husband she may intermarry and he directed his said Trustees to invest all his personal estate and also the benefits of his business and also the rents and profits of his real estate in either real Bank or Government securities and pay so much as they might think proper to his said wife (to be decided by majority of votes in writing) for the education and maintenance! of his children until the youngest child should attain the age of tweenty-one years and on the youngest of his said children attaining the age of twenty-one years then he directed the whole of his estate to be divided between bis wife if living and tbc whole of his children or their heirs share and share alike the heirs of any of his said children to be entitled to their parents’ share only And he thereby authorized and directed that bis wife should have power and authority if she should think proper during her widowhood to sell dispose and convey any part or portion of any real and personal estate And that she and his said Trustees should have power to sign and convey the same to any purchaser and give receipts and discharges for the same And he appointed his said wife the said Margaret Bertaux then Margaret Serisic'r guardian of his said children and sole ('xecutrix of that his will and his said wife Tsharcisse Muller of Dubbo in tlie Colony aforesaid publican and James ITolmcs also of Eubbo bank manager dTustt'CS of that bis will And wbereas the said Jean Ernile Serisier die d on the tenth day of Eebruary one thousand eight hundred and eighty Avithout having in any Avay revoked or altered his said Avill and leaving him surviving the said Margaret Bertaux then Margaret Serisier his A\idow and five children namely Jean Be Bonillion Emile Serisier llippolyte Paulin Macquarie

Serisier

1884- 48" VIC. 113

Serisier’s Estate.

Serisier Fritz Acliille Serisier La Vigne Ernest Serisier and Daisy Marie Consolation Serisier And n liercas tlic said James Itolnn's l>y a deed poll dated on or abont the scA-('nicentli day of April one thousand eight hundred and eighty disclaimed and renounced all the real and personal estate and eiVcids whatsoever given devised or hepueathed hy the said Avill of the said Jean Emile Serisier and also the office of Trustee of the said Avill and all trusts poAvers and authorities AA'hatsoeA'er hy the said Avill expressed to ho reposed in or given to the said Margaret Eertanx then Margaret Serisier Xareisse Muller and James Holmes and all rights and privileges helonging or annexed to the same or in anyAvise relating thereto And Avhereas the said Avill Avas duly pro cd in the Supreme Court of N oav South MTiles in its Ecclesiastical Jurisdiction on the fourteenth day of Sc'ptemher one thousand eight hundred and eighty hy the said Margaret Eertanx then Margaret Serisier the sole exc'cutrix therein nanu'd And Avhereas the said 3Iargaret Eertaux then Margaret Serisier on the ilftecnith day of January one thousand ei^lit hundred and eightA"-thrc(', intc'rmarried AA'ith and noAV is the Avife of Eene Eertaux of' Euhho aforesaid g(Mieral storekeeper And AvheiA'as the said Avill of the said Jean Emile Scuasier deceased does not gh'c to the Trustees or Trustee thereof or to any other person any poAA'er to mortgage or demise the lands and liereditaments thcrchy devised And AA'hercas it is impossible AAuthout the assistance of Parliament to mortgage the said lands and hereditaments devised by the Avill of the said Jc'an Emile Serisier deceased or to demise the same And AAdicreas in eonsc([ucnce of such iinpossihility part of the lands and hereditaments in the tAVO Schedules to this Act mentioned and descrihed arc and remain unimproved and ('utirely uri])roduetive of income And Avhereas it is expedient and Avould he for the henetit of all parties interested in the said lands and hereditaments in the said Scliedules respectiA’cly meiitioned and desc'rihcd that poAvers to mortgage and lease tlic same should ho conferred on the Trustees or Trustee for the time being of the said AA'ill of the said Jean Emile S(U’isier deceased for the benefit of the pei’sons interested under the said Avill and that the rents and jArofits arising from the h'ase of such of the said lands and hereditaments as shall from time to time he leased should he held in trust for and the moneys raised hy mortgage of such of the said lands and hereditaments as shall from time to time he mortgaged should he applied toAvards the improAunnent of the property for The hcnefit of the ]>crsons respectively entitled under the said Avill to the lands and iioreditamonts so mortgaged Ee it tlu'refore enacted hy the t^ucen’s Most Excellent Tlajesty hy and Avith the advice and consent of the Legislative Council and Legislath'e Asscnnhly of N oav South Mvalcs in Parliament assenil)led and hy the authority of the same as folloAvs:—

1.                 It shall he laAvful for the said Trustees or Trustee from time Power to borrow

to time for the purpose of raising any sum or sums of money Avhii-h in years not exceeding tA\-enty-onc years of such jiart or parts of tint said lands and hereditaments Avith poAver of sale and all otht'r usual poAvtu-s provisions and covenants Provided that no person aaJio shall advance money upon the security of any mortgage jmrporting to he made under the poAA'i'r hereby giAvni shall he hound to enc|uireas to the advisability or jiropriety of the raising of such money or as to the application of such money Avhen raised and advanced and the reeeijit of tlu' said Trustees or Trustee for the moneys so adAanced shall etfectually

their or his opinion it may he desirable to horroAV for the purjiost; of '

erecting any buildings or repairing or rebuilding any existing buildings

upon or otherAvisc improving any ])art or parts of the lands and ht're-

ditaments mentioned and described in the said several Schedules to this

h discharge

114 48^ VIC. 1884.

Serisie7''s Estate.

(liscliari^e the person advaneinf^ the same from any liability in respect

of the misapplication or non-a])plication thereof.

ro w e r to grant 2. It shall be lawful for the said Trustees or Trustee from time to

lease:?. time by deed or writing to demise and lease all or any part of the said lands and hereditaments to any person or persons for any term of years not exceeding twenty-one years to take elfcct in possession at the best yearly rent that can be reasonably obtained for the same without any fine premium or foregift And also from time to time by deed to demise and lease any part of the said lands and hereditaments to any person or persons who shall covenant to improve the same by repairing any building or buildings now standing or whidi shall hereafter bo standing on any part of the land tliereby leased or by erecting and building any house or liouses building or buildings on such land or any part thereof or by otherwise expemding in improvements such moneys as shall be deemed by the said Trustees or Trustee adequate to the interest to be parted with but so that every lease under this last-mentioned power shall bo for a term not exceeding fifty years to take effect in possession or within one year from tlie date thereof and shall be at such rent as the said Trustees or Trustee shall having regard to the terms and conditions of such lease think reasonable and proper so however that nothing bo taken by way of fine premium or foregift Provided that every indenture of lease made under the provisions of this section shall contain a covenant by the lessee to pay the rent thereby reserved and for insurance against fire of any building erected or to be erected on the land thereby demised and also a condition of re-entry on non-payment of rent within a time to be therein specified and so also that a countei’part of such lease be executed by the lessee Any lessee payiug any rent reserved by any such lease to the said Trustees or Trustee shall not be bound to see to the application thereof and shall be free from any liability for the non-aj)plication or misapplication of the same or any part thereof,

Trustsof investments 3. The said Trustees or Trustee shall stand possessed of the net

rents &.C. rents arising from and payable under any lease made under the authority of this Act upon such trusts and with and subject to such powers provisions and declarations as shall as nearly correspond with the nscs trusts provisions and declarations in the said will expressed and contained concerning the said lands and hereditaments or any part or parts thereof respectively or such of them as shall be subsisting or capable of taking effect as the different nature and quality of the premises and tlic rules of law and equity will permit Provided that it shall be lawful for the said Trustees or Trustee at any time or from time to time to apply the whole or any part of the rents and profits of any portion or portions of the said lands and hereditaments in the said Schedules to this Act mentioned and described in or towards pay­ ment of the principal and interest from time to time due or owing on tlic security of any mortgage or mortgages of any portion or portions of the said land and hereditaments in tlic said Schedules to tills Act mentioned and described executed under the power herein contained.

Power to make 4. It shall be laAvful for the said Trustees or Trustee to make

roads &c. and alter and concur in the making and altering of any roads streets or Avays on and over any part or parts of the said lands and heredita­ ments And also to erect make and carry out and concur in the erecting making and carrying out of any Avails scaa'ci’s drains AA ater- courses or other Avorks Avhich may in the discretion of the said Trustees' or Trustee conduce to the better laying out improving or selling of the said lands and hereditaments or flie com'enienee and enjoyment of those persons Avho sliall liaA-e purchasc'd or shall purchase any part thereof The costs of any such works on the part of the said Trustees

1 8 8 4 48" VIC. 115

Serisier’s Instate.

or Trustee or their or iiis j)roportioii of any costs for such norks and any costs and cxpimscs of and incidental to the hriiij '̂ing of tin; said lands and liereditaments or any part tlu'ri'of under the provisions of the Ileal Property iVet (which the said Trustees or 'J'rustee are or is lu'reby authorized to incur) may he deducted and retained hy them or him in the same Avay they or he are or is hereby authorized to deduct and retain the costs and expcaises of and incidental to sales hereunder Por any of the purposes of this section the said Trustees or 'ITustee may ri'sm-ve and (h'dieate (dther absolutely or upon any conditions any part or parts of the said lands ;ind horeditani('nts.

5. This Act may be cited as “ Serisier’s Estate Act of IbSl.” Sliort lille.

TJTE EIllST SCIIEDULK.

All that pared of land eoiitaininp; by admeasurement llircc acres and tnelvo ])ei'clies m tlie town of Dubbo in tbc ]iarish of Dubbo in the county of Diiieolii in llie itilony of New South AValcs [)ortiou tlireo and allotments five and six of the subdivision of portion two Cominoneijig at the intersection of tl>o south sidi; of Ifultje-strei't with the nortli-wost corner of portion tl)reo and bounded on the west, by the west, boundary­ line of portion three Itearin" south live chains to the north-west corner of ])ortion four on the south by the north boundary-line of portion four bearing; caist live chains to the north-east corner of portion four on the east by the west boundary-lines of allotments nine eifiht and seven (being part of the subdivision of portion two) bearing nortli one hundred and eighty-four links to the north-west corner of allotment seven again on tlie south by tlic north boundary-line of allotment seven bearing east five chains to tlic west side of Macquarie-street again on the cast by ]iart of the west side of Macipiaric-strcet bearing north one chain fifteen links to the south-east corner of allotment four on the north by' the south boundary-line of allotment four bearing west live chains to the east boundary-line of portion three (also the south-west corner of allotment four) again on the east by the west boundary-lines of allotments four throe two and one bearing north two chains to the south side of Bult je-street and again on the north by the south side of Bultje-street bearing west five chains to the ]ioint of commeiicement bo the said several dimensions a little more or less and being portion of the land in Certificate of Title vol. Bxr.vi folio GS.

All that allotment or parcel of land in our said Colony containing by admeasure­ ment two roods be the same more or less sit.iiatcd in the couiitv of Lincoln jiarish of Dubbo and town of Dubbo being allotment number thirteen of section number nine Commencing on the western side of Darling-street at the south-eastern corner of allotment twelve and bounded thence on the east by that street southerly one cliain and seven links on the south by the northern boundary-line of allotment fourteen westerlv^ at right angles to Darling-street four chains and seventy links to a lane on the west by that lane northerly jiarallel willi Darling-street one chaiu and seven links and oil the north by the southern boundary-line of allotment twelve aforesaid easterly at right angles to Darling-street four chains and seventy links to the ])oint of commencement being the allotment sold as lot DD under the advertisement dated the cighleenth day of Octidier one thousand eight hundred and sixty-live and being the whole of the land conqirised in Crown grant dated the twenty-ninth October one thousand eighi hundred and sixty-six registered vol. XLii folio G3.

All that piece or ])arcel of land in our said Colony containing by admeasurement live acres three roods be the same more or less situated in the county of Jiincolii and parish ot AV^arrie ])ortion one hundred and seventy-nine Commencing on the western side of a road at the south-eastern corner of portion one hundred and thirty-ihreo of three hundred and twenty^ acres and bounded thence on the east by that road bearing south nine degrees forty minutes west five chains ninety-eight links on the soutli-west by a line bearing north seventy-two degrees forty-five minutes west nineteen chains eighty-six links and on tlie nortli by the southern boundary of portion one hundred and thirty-three aforesaid bearing east nineteen chains ninety-seven links to the ])oint of commencement and being the land comjirised in Crown grant of ninth Juno one thousand eight hundred and seventy-seven vol. ccexxxrv folio 7.

All tliat piece or jiarcel of land situate in the parish of AVarrio county of Lincoln containing by admeasurement two hundred and nineteen acres more or less taken u]) as a conditional purchase under the Crown Jauids Alienation Acts by Jean Emile Serisier on thirtieth October one thousand eight hundred and seventy-three and beingC.P. I'M] LJIJ and on wdiich there is dueto the (lovernment a balance of fifteen shillings per acre.

All that piece or parcel of land situate in tlic parish of AVarrie county of Lincoln containing by admeasurement three hundred and twenty acres more or less taken up as a conditional purchase under the (.Town Lands Alienation Acts iiv Jean Emile Serisier on seventh November one thousand eight hundred and si.\ty-seven and being (,'. 1’. G7/2701 and on wdiich there is duo to the Goveruinent a balance of fifteen shillings per acre.

THE

116 48° VIC. 1884.

Serisier’s Estate.

TH E SECOND SCHEDULE.

All that allotment or parcel of land in our said Territory containing; by admeasure­ ment two roods bo the same more or less situated in the village of Dubbo parish of Dubbo county of Lincoln being allotment number one of section number six bounded on the west by two chains of the east side of Macquarie-street bearing north on the nortli by an east line of two chains fifty links dividing it from allotment number two on the cast by a line dividing it from allotment number twenty bearing south two chains to Bultje-strcet and on the south by two chains fifty links of the north side of Bultjc- street bearing w^est to M acquarie-street Being the allotment sold as lot twenty-two in pursuance of the proclamation of twenty-third December one thousand eight hundred and fifty-three.

All that parcel of land containing by admeasurement one acre one rood and thirteen perches town of Dubbo parish of Dubbo county of Lincoln Colony of New South "Wales ]>art of allotments thirteen fourteen fifteen and sixteen section six Commencing at a point on the west side of Brisbane-street two hundred and thirty- one feet north of the intersection thereof with the north side of Bultje-strcet and bounded on the east by part of the west side of Brisbane-street hearing north two hundred and thirty-one feet to the south-east corner of allotment twelve—Government subdivision—on the north by the south boundary-line of that allotment bearing west three hundred and th irty feet to the south-west corner of the said allotment on the west by the east boundary-lino of allotment six and part of the, east boundary-line of allotment five—Government subdivision—bearing south one hundred and thirty-one feet to the north-ivest corner of allotment thirteen—Serisier’s subdivision—on the south by the north boundary-lines of allotments thirteen and fourteen bearing east ninety- two feet again on the west by the east boundary-line of allotment fourteen bearing south one hundred feet to the south-east corner thereof again on the south by the south boundary-lines of allotments fifteen and sixteen bearing east ninety-two feet to the south-west corner of allotment seventeen again on the east by the west boundary-lines of allotments seventeen and twenty-one bearing north one hundred and ninety-eight feet to the north-west corner of allotment twenty-one again on the south by the north boundary-line of allotment twenty-one bearing east forty-six feet to the north-west corner of allotment twenty-six again on the west by the east boundary-lines of allot­ ments twenty-one and seventeen bearing south one hundred and nir.ety-eight leet to the south-east corner of allotment seventeen and again on the south by the south boundary- lino of allotment eighteen bearing east one hundred feet to the point of commencement be the said several dimensions a little more or less.

All that parcel of land containing by admeasurement one acre thirty perches and eight-tenths of a perch in the town of Dubbo in the ])arish of Dubbo in the county of Lincoln in the Colony of New South "Wales Commencing at the intersection of the west side of Brisbane-street with north side of Bultjc-street and bounded on the cast by part of the west side of Brisbane-street bearing north two hundred and thirty-one feet to the south-east corner of allotment eighteen—Seri.sier's subdivision—on the north by the south boundary-lines of allotments eighteen seventeen sixteen fifteen fourteen and thirteen bearing west three hundred and thirty feet to the cast boundary-lino of allotment three—Government subdivision—on the west by part of the east boundary-line of the said allotment and allotment two and twenty bearing south two hundred and thirty-one feet to the north side of Bultje-street on the south by part of the north side of Bultje- strcet bearing east thirty-three feet to the south-west corner of allotment one—Serisicr’s subdivision—on the west by the west boundary-lines of allotments one and twelve bear­ ing north one hundred and ninety-one feet to the north-east corner of allotment twelve again on the south by the north boundary-line of allotment twelve bearing cast forty- nine feet six inches to the north-east corner thereof again on the west by the east boundary-line of allotment twelve bearing south ninetj'-one feetto the south-east corner thereof again on the south by the north boundary-lines of allotments two three and four bearing east one hundred and forty-eight feet six inches to the north-east corner of allotment four again on the west by the cast boundary-line of allotment four bearing south one hundred feet and again on the south by part of the north side of Bult je-street bearing east ninety-nine feet to the point of commencement be the said several dimen­ sions a little more or less.

All that parcel of land containing by admeasurement three roods and eight perches in the town of Dubbo parish of Dubbo in the county of Lincoln in the Colony of New South AValcs Commencing at a point on the south side of McLca3'-strci't one hundred and thirty-two feet west of the intersection thereof -with the west side of Bourke-street and bounded on the north by part of the south ride of McLeay-street bearing west sixtj--six feet to the north-east corner of allotment seven—Serisier’s subdivision—on the west Ipv the east boundary-line of that allotment bearing south one hundred and thirty-two feet to the soulh-east corner of that allotment again on the north by the south boundary-lines of allotments seven and eight bearing west one hundred and thirty-two feet to the south-west corner of allotment eight again on the west by the west boundary-lines of allotments nine ten and eleven bearing south iiinety-uine feet to the north-west corner of allotment twelve on the south by the north boundary-line of allotment tw ehc bearing easterly ono hundred and thirty-two feet to the north-east corner thereof again on the ivest by the east boimdarv-line of allotment

twelve

1884^ 45'’ VIC. 117

Serisier's Estate.

twelve bearing south thirty-three feet to the soutli-east corner thereof again on the south by a line bearing east sixty-six feet to the south-west corner of allotment six and again on the east by the west boundary-lines of allotments six live four three and two bearing north one hundred and ninety-eight feet to the point of commencement be the said several dimensions a little more or less.

All that parcel of land containing by admeasurement one acre three roods and eight perches being part of allotment four of section fifteen being allotments two six eight nine ten eleven twelve thirteen fifteen and sixteen of Sorisier’s subdivision of said allotment four of section fifteen town ot Dubbo parish of Dubbo county of Lincoln Colony of New South W ales Commencing at a point on the north side of McLeay- street sixty-six feet west of the intersection thereof with the west side of Bourke-street and bounded on the east by the west boundary-line of allotment seven—Serisier’s sub­ division—bearing north one hundred and thirty-two feet to the north-west corner of allotment seven on the south by the north boundary-lino of allotment seven bearing east sixty-six feet to the west side of Bourke-street again on the east by part of the west side of Bourke-street bearing north thirty-three feet to the south-east corner of allotment five on the north by the south boundary-line of that allotment bearing west one hundred and thirty-two feet to the south-west corner of allotment five again on the cast by the west boundary-line of allotments five four and three bearing north ninety-nine feet to the north-west corner of allotment three again on the south by the north boundary-lino of allotment three bearing east one hundred and thirty-two feet to the west side of Bourke-street again on the east by part of the west side of Bourke-street bearing north thirty-three feet to the south-east corner of allotment one again on the north by the south boundary-line of allotment one bearing west one hundred and thirty-two feet to the south-west corner of allotment ono again on the west by the west boundary-line of allot­ ment ono bearing north thirty-three feet to the north-west corner of allotment ono again on the north by part of the south boundary-line of portion three section fifteen (of the Grovernment survey) bearing west one hundred and ninety-eight feet to the north-west corner of allotment nine—Serisier’s subdivision—again on the west by the west boun­ dary-lines of allotments nine ton eleven twelve and thirteen bearing south one hundred and sixty-five feet to the north-west corner of allotment fourteen again on the south by the north boundary-line of allotment fourteen bearing east one hundred and thirty-two feet to the north-east corner of allotment fourteen again on the east by the east boimdary- Jino of allotment foiirtecn bearing south thirty-three feet to the south-east corner of allotment fourteen again on tlie south by the south boundary-line of allotment fourteen bearing west one hundred and thirty-two feet to the south-west corner of allotment fourteen again on the west by the west boundary-line of allotment sixteen bearing south one hundred and thirty-two feet to the north side of McLeay-street and again on the south by part of the north side of McLeay-street bearing east two hundred and sixty-four feet to the point of commencement be the said several dimensions a little more or less.

All that parcel of land containing by admeasurement one acre three roods eight perches and four-tenths of a perch being part of suburban portion five in the town of Dubbo parish of Dubbo county of Lincoln Colony of New South Wales Commencing at a point on the west side of Macquarie-street ninety-two feet north of the intersection thereof with the north side of Bultje-street and bounded on the east by part of the west side of Macquarie-street bearing north two hundred and thirty-eight feet to the north­ east corner of allotment five on the north by the south boundary-line of allotment six bearing west three hundred and th irty feet to the south-west corner of allotment six on the west by part of the cast boundary-line of allotment eight bearing south two hundred and thirty-eight feet and on the south by a line dividing it from other part of allotment five bearing east three hundred and thirty feet to the point of commencement be the said several dimensions a little more or loss.

All that allotment or parcel of land in our said territory containing by admeasure­ ment two roods bo the same more or less situated in the town of Wellington parish of W ellington county of W ellington being allotment number four of section number ono Commencing at the north-west corner of allotment number throe and bounded on the north by a line of one chain along Gobalyon-terraco on the west by a line of five chains at right angles to Gobalyon-terrace on the south by a lino of ono chain parallel to Gobalyon- tcrrace and on the cast by a line of five chains at right angles to Gobalyon-terrace to the commencing corner aforesaid Being the allotment sold as lot one in pursuance of the proclamation of twenty-first Bebruary one thousand eight hundred and fifty-four.