Stirling's Trusts Act 1884 No sta (NSW)

An Act to enable t he Trus tees of a Se t t lement m a d e by F rede r i ck H e n r y Stirling and Helen Cecilia Deas-Thomson to jo in wi th o ther persons in the leasing and sale of l ands subject of t h e said Set t lement . [mil August, 1884.]

WH E R E A S t h i r t y - t h r ee a n d m a d e between R icha rd Bourke a Major-General in

by a n inden tu re bear ing date on or abou t t h e seven­

t een th day of September one thousand eight hund red and

t he Bri t ish A r m y and Governor-in-Chief of t he Terr i tory of N e w South Wales of t he first par t Edward Deas-Thomson Esqu i re of the second pa r t A n n e Mar ia Bourke d a u g h t e r of t h e said R icha rd Bourke of t he th i rd

pa r t and the Honorab le Wi l l i am Wes tb rooke B u r t o n and George

Macleay Esqui re of t he four th pa r t cer ta in freehold lands s i tua ted respectively in the ci ty of Sydney called Barham and at Je rv is Bay in t h e said Colony called South Husk isson were conveyed to t he use of t h e said Wi l l i am Wes tbrooke Bur ton and George Macleay upon cer ta in t rus t s du r ing t h e respective lives of the said E d w a r d Deas-Thomson and A n n e Mar ia Bourke and of t h e life of t he survivor and from a n d immedia te ly after t he decease of the survivor of t h e m the said Edward Deas-Thomson and A n n e Mar ia Bourke t hen to t he use of all and every t he chi ld and ch i ldren male and female of t he said A n n e Mar ia Bourke and E d w a r d Deas-Thomson in such shares pa r t s and proport ions as the said E d w a r d Deas-Thomson should by deed or will appoint A n d whereas cer ta in port ions of t he said set t led estates were f rom t ime to t ime sold b y the t rus tees of t h e said se t t lement u n d e r t he au thor i ty of

a p r iva te A c t of t h e Legis la ture of t h e said Colony passed in t he

t h i r t een th year of the re ign of H e r Majesty and pa r t of t h e proceeds were invested upon mor tgage of freehold lands s i tuated in t he coun ty of Gloucester in t h e said Colony called Bul ladeelah A n d whereas t he equ i ty of redempt ion of and in and such las t -ment ioned lands was after t he dea th of t h e said E d w a r d Deas-Thomson hereinafter ment ioned

vested in the t rus tees of t h e said se t t l ement upon t h e t ru s t thereof

A n d whereas by an i nden tu r e bear ing date on or about	t h e	four t een th
A r t h u r A lexande r W a l t o n Onslow t h a t all the lands t enement s and hered i taments and real es ta te t hen vested in or which should a t any t ime du r ing t h e said mar r i age descend devolve or come to t he said Helen Cecilia Deas-Thomson or to the said Freder ick H e n r y St i r l ing in her r i gh t u n d e r t he said I n d e n t u r e of Se t t l ement of the seventeenth day of	September

day of J u l y one thousand e ight h u n d r e d a n d seventy-four made

between Freder ick H e n r y St i r l ing of t h e first pa r t He l en Cecilia Deas-

Thomson a d a u g h t e r of t h e said Edward-Dcas Thomson of t he second

par t and W i l l i a m Alexande r D u m a r e s q and A r t h u r Alexander W a l t o n

Onslow of t h e th i rd pa r t being a se t t l ement in contempla t ion of t h e

mar r i age of t h e said F reder i ck H e n r y St i r l ing and H e l e n Cecilia Deas- Thomson which was short ly thereaf ter duly solemnized all t h a t and those t h e p a r t share es ta te and interes t of her t h e said H e l e n Cecilia Deas-Thomson of and in t h e t rus t estates real and personal t he subject of t h e first-mentioned se t t l ement were conveyed and assured u n t o t he

said Wi l l i am Alexander Dumaresq and A r t h u r Alexander Walton

Onslow upon cer ta in t rus t s for the benefit of t h e par t ies to t he said

in tended	mar r i age	and	the i r	issue	A n d t h e	said	Freder ick	H e n r y
St i r l ing	covenanted	wi th	t h e	said	W i l l i a m	Alexander	D u m a r e s q	and

September one t h o u s a n d e ight h u n d r e d and th i r t y - th ree or unde r the will of he r father should from t ime to t ime be by h i m ei ther alone or toge ther w i th t he said H e l e n Cecilia Deas-Thomson conveyed to t he use of t he said W i l l i a m Alexander D u m a r e s q and A r t h u r Alexander W a l t o n Onslow or the i r successors in the t rus ts and to the i r heirs upon t h e same t rus t s A n d whereas by his last will and t e s t amen t bear ing da te on or about t he e leventh day of J u l y one thousand e ight hund red and seventy-two t h e said E d w a r d Deas-Thomson appointed and devised the estate called B a r h a m being the t h e n unsold residue of t h a t

por t ion of t h e set t led estate to his daugh te r s M a r y J a n e F rances Boas-

Thomson t h e said H e l e n Cecilia St i r l ing and E g l a n t i n e J u l i a Deas-

Thomson in equal shares and proport ions as t enan t s in common A n d the tes ta tor after cer tain specific devises of par ts of the said South Huskisson and Bul ladec lah Es ta tes in favour of his sons E d w a r d R icha rd Deas- Thomson and R icha rd Bourke Deas-Thomson appointed and devised the then unsold residues thereof un to and be tween all his chi ldren exc luding the said Edward R icha rd Deas-Thomson and R icha rd Bourke Deas- Thomson in equal shares and proport ions as t enan t s in c o m m o n A n d

whereas t h e lands pass ing by the will of t he said E d w a r d Deas-

Thomson are more par t icu la r ly described in t he Schedule here to A n d whereas t he said E d w a r d Deas-Thomson departed this life on or about t h e s ix teen th day of .July one thousand eight h u n d r e d and seventy- n ine w i t h o u t hav ing revoked or a l te red his said will And whereas the said A n n e Mar ia Deas-Thomson depar ted this life; on or about t h e t h i r d day of F e b r u a r y one thousand eight hundred and eighty-four

A n d whereas the said Mary J a n e F rances Deas-Thomson and Wi l l i am

R o b e r t Campbel l and Eg lan t ine J u l i a Campbell his wife formerly Eg l an t i ne J u l i a Deas-Thomson are desirous of selling the estate called B a r h a m and the said Freder ick H e n r y St i r l ing and H e l e n Cecilia

St i r l ing his wife concur in such desire A n d whereas Charles J ames

M a n n i n g a n d George Mil ler are the present Trustees of t h e se t t l ement

of the said F reder i ck H e n r y St i r l ing and He len Cecilia St i r l ing his wife and t hey are desirous of giving effect to such desire b u t t h e said las t -ment ioned inden ture of se t t lement does not conta in any power of leasing or sale A n d whereas cer ta in of the said lands other t h a n B a r h a m aforesaid are supposed to contain valuable deposits of minera ls b u t not any power exists on the part of the said Trustees to g ran t min ing and other leases thereof A n d whereas it is desirable t h a t the Trustees for t h e t ime being of t he se t t lement of t he said Freder ick H e n r y St i r l ing and Helen Cecilia St i r l ing his wife; should be empowered

to join w i th t h e other persons interested in g ran t ing min ing and o ther

leases of t h e set t led lands and also in selling and disposing of the same or such par t s thereof as may from t ime to t ime be deemed saleable; u n d e r proper supervision for t he inves tment of t h e ne t proceeds thereof Be i t therefore enacted by the Queen ' s Most Exce l l en t Majesty by and wi th t he advice and consent of the Legis la t ive Council and Legislat ive Assembly of N e w South Wales in Pa r l i amen t assembled and by the au thor i ty of t he same as follows :—

1. I t shall be lawful for the Trustees or Trustee for the t ime- being of t he mar r iage se t t lement of the said Freder ick H e n r y St i r l ing .and H e l e n Cecilia St i r l ing his wife hereinafter called the said Trustees or Trus tee from t ime to t ime to join with the other persons ent i t led to lease in g r a n t i n g leases by deed for such te rms as they shall agree not exceeding flu; t e rm of n ine ty-n ine years of the said trust estates or .any par t thereof and also subject and wi thout prejudice to the reservat ions and condit ions (if any) contained in the grants under which the said lands are holdcn in execut ing leases of all and every and any of t he mines lodes ores quarr ies veins s t ra ta and seams of copper lead iron stone (day and all o ther minerals whatsoever

9   i n

in one or more block or blocks unopened as well as opened in unde r or u p o n t h e said lands together w i th any par t of t h e surface of t he said lands which may be t h o u g h t necessary or convenient to be held for bui ld ings roads or ways or other purposes w i th such mines quarr ies or premises together w i th full l iber ty and au thor i ty for t h e lessee or lessees to search for work win t ake use and dispose of all such coal ores and minera l s as shall be found there in and to sink and m a k e shafts levels pi ts drives t renches a i r -gates way-gates and wate r - courses and to erect and use any smel t ing refining or o ther furnaces or mills fire s team or o ther engines and machinery workmen ' s and o the r houses bui ld ings sheds or o ther conveniences and to use all o ther lawful means and ways whatsoever not only for finding separa t ing a n d c leaning such ores or o ther minera l s b u t for conver t ing any of t h e m in to a manufac tu red and merchan tab le condition and also to t ake and use sufficient ground-room heap-room and pi t - room for p lac ing or manufac tu r ing any of such coals ores or o ther minera l s and for laying the was te refuse or rubb i sh to be from t ime to t ime produced from the said mines quarr ies and premises and also wi th full and free l iber ty to use or m a k e and use all proper and convenient ra i lways and o ther ways for t h e carr iage of mater ia l s and art icles to such mines quar r ies or premises and for t he carr iage or delivery of any of t h e said coals ores and minera ls wi th horses car ts waggons a n d o ther carr iages and general ly upon such t e rms and wi th such s t ipulat ions as shall be reasonable necessary or usua l for t h e purposes aforesaid so t h a t in every such lease the re be reserved and made payable t he best year ly ren t dues dut ies tolls or royalt ies which can be reasonably obtained wi thou t t ak ing any fine p r e m i u m or forfeit for the g ran t ing thereof and so t h a t t he r e be contained in every such lease proper and reasonable covenants and agreements by t he lessee or lessees for t he due paymen t s of t h e r en t s dues dut ies tolls or royalt ies the reby reserved and for t h e proper work ing construct ion and m a n a g e m e n t of t h e said mines quarr ies and works and a power of re -en t ry for non -paymen t of such ren ts d\ies duties tolls or royalties and so t h a t every lessee duly execu te a duplicate or counterpar t of t h e lease g ran ted to h im.

2. I t shall be lawful for t h e said Trus tees or Trus tee to jo in w i th o ther persons en t i t l ed to sell in t he sale and disposal of t h e unsold port ions of the lands ment ioned and par t icu lar ly described in t he Schedule here to ei ther by publ ic auc t ion or pr iva te contract in such lot or lots a t such t ime or t imes subject to such t e rms and condit ions

as to evidence of t i t le t ime and m a n n e r of p a y m e n t and to such o ther

s t ipula t ions as t h e said Trus tees or Trus tee shall in the i r discret ion
t h i n k fit for such price or prices as can be reasonably obtained for t h e

same and w h e n sold to join in conveying t h e same or a n y par t or par t s thereof to the purchaser or purchasers as t he case may be his or the i r heirs and assigns freed and discharged from t h e t rus t s of the said se t t l ement a n d the receipt or receipts in wr i t ing of the said Trustees or Trus tee shall absolutely discharge t he purchaser or purchasers of t h e said lands or any par t or par t s thereof from so m u c h of t he pu r ­ chase money as shall be payable by h i m or t h e m respectively in respect of the i r shares or interests in the said lands subject to t he t rus t s of t h e said se t t lement and shall exonera te h im or t h e m from seeing to t h e appl icat ion of such purchase money or from being liable for any loss non-appl icat ion or misappl icat ion of t h e same.

3. I t shall be lawful for t he said Trus tees or Trus tee to give credi t to any purchase r or purchasers of the said lands or of any pa r t or par t s thereof for any n u m b e r of years no t exceeding seven years for t he p a y m e n t of so m u c h of t he purchase money as shall not exceed two- th i rds of the whole upon such t e rms as to in te res t as t he said Trustees or Trus tee shall deem proper Provided t h a t the lands in

respect

respect of t h e sale of which such credit is given as aforesaid shal l r emain unconveyed or be otherwise rendered a securi ty for so m u c h of t h e said purchase money as shall remain unpaid together wi th in teres t upon t h e same un t i l t he same; shall have been whol ly paid.

4. The said Trustees or Trus tee shall s tand seized and possessed of the said lands or of such por t ion thereof as shall from t ime to t ime remain unsold subject to any leases g ran ted unde r t h e power herein- before contained u p o n t h e t rus ts a n d subject to t he directions and

declarat ions in t h e said se t t lement expressed and declared concerning

the same A n d from and after a n y sale m a d e under t he power herein­ before contained shall s tand possessed of t he moneys ar is ing from such sale upon t r u s t to pay all the i r or his costs and expenses of and incidental to t h e p rocur ing and pass ing of this A c t and also of and inc identa l to such sale and after such p a y m e n t as aforesaid to invest t he ne t surplus of such moneys in and upon t h e inves tments author ized by t h e said se t t l ement w i th power from t ime to t ime to vary or t rans­ pose a n y such inves tment or securi ty for others of l ike k inds A n d shall s tand possessed of t h e said inves tments and the income dividends and a n n u a l produce thereof upon the like t rus ts as shall t h e n be

subsis t ing in respect of t he personal es ta te other t h a n personal effects

b r o u g h t and covenanted to be b r o u g h t in to se t t lement by t he said

H e l e n Cecilia St i r l ing or as near ly there to as t h e c i rcumstances will admi t and shal l s tand possessed of t he rents of the said real estate u p o n t h e l ike t rus t s as shall from t ime to t ime be subsis t ing in respect of t he income of t h e real es ta te b rough t and covenanted to he b rough t in to se t t lement by t h e said H e l e n Cecilia St i r l ing or as near ly there to as t h e c i rcumstances will admit and shall s tand possessed of all royalt ies to be derived f rom the work ing of minera ls upon t r u s t as to one moiety thereof upon t h e l ike t rus t s as are hereinbefore declared wi th reference to t he waits of lands leased and as to t he o ther moie ty thereof upon t ru s t to accumula te and invest t h e same for t he benefit of t he persons who shall u l t imate ly become ent i t led to thecorpus of t he t rus t proper t ies

unde r t h e provisions of t he said se t t lement .

S C H E D U L E .

All t h a t piece or parcel of land s i tua te and lying in the parish of Alexandr ia city of Sydney in the county of Cumber land Colony ot New South W a l e s and be the here inaf ter ment ioned dimensions all more or less and containing by admeasurement one acre th ree roods t en perches Commencing on the east side of Hourke-street n ine ty

feet n ine inches souther ly from the a l ignment of St. Pe te r s - s t ree t ( lately called Aim-

st reet ) and bounded on the west by Bourke - s t r ee t bear ing souther ly sixty feet six inches

on the south by a line a t r i gh t angles bear ing easterly one h u n d r e d feet on the west

by a line paral lel to Bourke-s t ree t bearing southerly twenty-five feet on t he nor th by a line bearing westerly twenty feet again on the west by t he a l lo tment facing Bourke - s t reet by l ines bear ing souther ly twenty-five feet south th i r ty-one degrees fifty-eight minutes west twen ty -n ine feet one inch south twen ty degrees eleven minutes west twen ty - four feet four inches south twenty- four degrees eleven minu tes west t h i r ty feet five inches south fifteen degrees th i r ty-one minu tes west twenty-e ight feet eleven inches souther ly t h i r t y feet south fifty-seven degrees twenty- four minu tes east for ty-nine feet seven inches and sou the r ly seventy-six feet n ine inches on the south by a l i n e bear ing easterly and crossing t h e te rminat ion of Thomson-s t ree t in all two hundred and four feet to Forbes-street on the east by t h a t s t ree t bear ing no r the r ly t h r ee h u n d r e d and forty-five feet six inches and lastly on the no r t h by a lane and a line in cont inuat ion

bear ing wester ly two hundred and eighty-four feet to t he point of commencement .

Two thousand five hundred and sixty acres of land more or less si tuated in t h e county of Saint Vincen t on the west side of Jerv is Bay Commencing at the mou th of the Mooua Moona a creek r u n n i n g into t he said bay and bounded on the nor th by t h a t creek to its source on the west by a line south one hundred and sixty chains on the south by a line bear ing east two hundred and seventeen chains to Jerv is Bay and on the eas t by t h a t bay to the mouth of the Moona Moona Creek.

Tha t piece of land s i tuated nea r Bulladelah in t h e county of Glouces ter con­ t a in ing one thousand and sixty acres or thereabouts and delineated in the public map of the said coun ty deposited in t he office of t he Surveyor -Genera l as originally g ran ted to .Joseph Nor th by Crown gran t dated the th i r t i e th day of May one thousand eight

h u n d r e d and forty.

A n