Tamworth Show-ground Act 1899 (NSW)

'I 'a m w o k tu

An Act to mitliorise tlie sale of certain lands held for the nse and g’eneral purposes of the Liverj)ool Plains Pastoral, Agricultural, and H orticultural Association, and tlie ])ur- chase of other lands in lieu of the same, for the use of the said association, and to authorise the m ortgaging (d‘ the lands so ])urchased, and to ])roYide for the removal and ap])oint- m ent of ti'ustees of certain of the said lauds. Sl lO\V-(IKOUNJ>.

[ I n f D ( ‘C(‘m h v i \ 18dd.]

'VTTIIEllEAS by deed poll or grant from the Crown hearing date i>jrMini>ic.

the thirtieth day of June, one thousand eight hundred and eighty, all that piece or parcel of land in the said Colony, containing hy admeasurement five acres, he the same more or loss, situated in th(' county of Inglis, parish of Tamworth, town of Tamworth, being allotments one to ten inclusive, of section forty-four: Com­ mencing at the western corner of the said section; and honnded thence on the south-west hy Carthage-street south-easterly ten

V V

chains;

Act,

Tamworth Show-ground.

chains; on the south-east hy White-street north-easterly at right angles to Carthage-street five chains to a lane; on the north-cast hy that lane westerly parallel with Carthage-street ten chains to Eitzroy-street; and on the north-west by that street south-westerly live chains, to the jxjint of coinmencemcnt, was thereby granted unto Philip Gidley King, John Gill, and John Kennedy Doyle, their heirs and assigns for ever, upon trust for the purposes of the Liverpool Plains Pastoral, Agricultural, and Horticultural Associa­ tion : And it was thereby declared that when and so often as the said Philip Gidley King, ,Iohn Gill, and John Kennedy Doyle, or any trustee or trustees to he appointed hy virtue thereof, should die, resign, cease to reside in the said Colony, or become incapable of acting in the trusts thereby created, it should lx; lawful for the Governor for the time being of the said Colony, Avith the advice of the Executive Couucil thereof, from time to time hy Avritiug under his hand to name and appoint a new trustee or trustees in the place and stead of any trustee or trustees so dying, resigning, ceasing to reside in the said Colony, or becoming incapable of acting in the said trust, and upon every such appointment the trust property should he transferred, so that the same might he vested in the trustee or trustees for the time being upon the trusts and for the intents and purposes thereinbefore created and declared of and concerning the same : And whereas llohert Alfred Orville Gill and Thomas MatthcAv KeAAUuan Avere on the Thirtieth day of August, one thousand eight hundred and ninety-nine, appointed as trustees of the said land, in place of John Gill, deceased, and John Kennedy Doyle, resigned: And whereas Henry Stoddart Avas, on the said last-mentioiu'd date, appointed an additional trustee of the said land: And Avhereas the said Pliilip Gidley King, John Gill, and John Kennedy Doyle Avere registered as proprietors, under the provisions of the iteal Property Act, of all that allotment or parcel of land in the said Colony, containing by admeasurement one rood thirty-fiA’e perches, he the same more or less, situated in the county of Inglis, parish of Tamworth, and toAvn of TaniAvorth, being allotment number fifteen of s('ction number forty-four : Commencing on the south-Avestern sidi' of Upper-street at the eastern corner of AVilliam Henry Russ’ allotment sixteen; and hounded thence on the north-east hy that street south-easterly one chain; on the south­ east hy a line south-AA’estcrly at right angle , to Upper-street four chains scA'enty links to a lane; on the south-Avest by that lane north- Avesterly jrarallel Avith Uj)per-strect one chain; and on the north- Avest by the south-eastern houndary-iiiic of allotment sixtc('n aforesaid north-easterly at right angles to Upper-street four chains seventy

links, to the point of comnumccnncnt, being the aaT io I c of the land

contained in Crown grant, dated the twcnty-sevx'nth day of MarcJi, one thousand eiglit hundred and s('venty-foiu', registered volume one

hundred

Act, 1809.

Tarnioortk Show-(jro%uid.

liundrccl and eighty-two, folio fifty-four ; And Avlnu’eas the said Philip

Gidley King, dolni Gill, and John Kennedy Hoyle, hy declaration of

trust umU;r their hands and seals, dated the twenty-first day of

])('ceml)ei‘, one thousand eight hundred and eighty-eight, acknowledged

and declared that they, their heirs and assigns, did and should stand

seizi^d and possessed of the said pii'ce or parcel of land, lastly herein­

before described, uiion trust to bold the sanu' for t he uses and purposes

of the Liverpool’ Phiins Pastoral, Agricultural, and Horticultural

Association : And wbereas by deed poll or grant from the Crown

bearing dab' the ('ighteenth day' of August, in tlu ̂ year of our Lord

one thousand eight hundred and uinety-nine, all that piece or parcel

of land in the said Colony', containing by adnu'asuremcnt one acre

three roods twenty perches, be the same more or less, situated in

the county' of Inglis, parish of Tamworth, being allotments eleven,

tw(dve, thii'feen, and fourteen of section forty'-four, town of Tamworth :

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Commencing at the most eastern corner of allotnu'iit lifteen of section forty-four, William Jienry' Puss’ one rood thirt\'-live perches; and bounded thence on the north-east by part of Upper-street, being aline bearing south forty-eight di'grces cast four chains to White-street; on the south-east by part of White-street, being a line bearing south forty-tu'o degrees west four chains seventy links to a lane thirty' links wid(!; on the south-west by })art of that lane, being a line bearing north forty-eight degri'cs west four chains to the southern corner of allot­ ment tiftei'u first mentioned ; and thence by the south-east side of that allotment bearing north fort_v-two degrees east four chains seventy links, to the point of commencement, was thcrchy' granted to Pliilij) Gidley King, Pohert Alfred Orville Gill, 'Thomas Matthew Newman, and Henry Stoddart, their heirs and assigns for ev('r upon trust for the purposes ol' the Liverpool Plains Pastoral, Agi'icultural, and Horticul­ tural Association ; And whereas the said lands are now unsuitable for the purposes of the said association, and it is expedient that the respective trustees of the lands hereinbefore described should have power to sell the same respectively, and that the proceeds of such sale or sales should be applied in or towards the purchase of lands in the town or in the vicinity of the town of 'famworth aforesaid, to be held by the said trnstei's for the like purposes and in or towards efecting necessary improvements on the lands so to be imrchased as aforesaid, and that the said trnstccs should have power to mortgage the lands so to be ])urchascd as aforesaid, as herein provided : Be it tlierefore enacted by' the (Queen’s Most Excellent Map'sty, by and 111111 the advice and consent of the Legislative Conncil and Legislative .VssembH oi' New South Wales in Parliament assembh'd, and by the anthority of the same, as follows :—

1, Philip Gidley King, John Ki'iuu'dy Hoyh', and their heirs Estate in purchased

and assigns, and the heirs and assigns of John Gill, deceased, are ^ ^ ^ - certain trustees.

lioreliy

12 Act, 181)9.

Tamioorth Shovxjround.

hereby divested of tlunr estate in the allotnn'nt or parced of land con­ taining one rood tlnrty-live perches, and more ])artieularly descril)cd above, and of all trusts in and concerning tire same; and an estate in fee simple in the said land is hereby vested in the said Philip Gidh;y King, and in llohert Alfred Orville Gill, Thomas Mattlunv Newman, and Henry Stoddart, their heirs and assigns, for ever upon trust for the purposes of the Liverpool Plains Pastoral, Agricultural, and

Horticultural Association. '

Trusteed may sell.	2 . I t shall he lawful for the trustees (which expression shall mean and include the respective trustees for the time being of all the lands res2)ectively hercinhefore dcscril)ed) to sell and dispose of the same hy 2>uhlic auction or private contract, and either in one lot or several lots, and either at one time or at dilferent times, and upon such terms and conditions as they may deem expedient, for such ĵ i’icc as can ho reasonably obtained for the sanu', with power to buy in at any sale, and to rescind or vary any contract for sale, and to resell Avithout being responsible for any loss occasioned by sucli rescission and resale and to transfer and assure the same to the purchaser or purchasers thereof, and the land so transferred and assured shall vest in the pur­ chaser or purchasers freed and discharged from any trust under the hereinbefore recited Crown grants and this Act atfecting the same respectively, and the receipt in writing of tlie said trustees shall be a sufficient discharge' to a purchaser of the said land or any portion thereof, and exonerate him from seeing to the ajiplication of the moneys paid by him, and from all liability in respect of any misapplication or non-application thereof.
Trustees may give	3. It shall b(‘ laAvful for the trustees to allow any purchaser credit for the payment of the Avhole or any jiart of the purchase money upon such terms as to interest or otherwise as the trustees may deem reasonable and expedient.
credit.
Aj)plifation of	4 . The tiaistees shall stand possessed of the moneys arising from such sale upon trust, to apply the .same in and towards the pnrchasi! of other land in the town or in the A'icinity of the toivn of Tamworth aforesaid, upon such terms and conditions and for such jiricc or prices as to the trustees shall seem tit, and in and towards the erection of all necessary improvements thereon, and shall be held by the trustees for the use and general purposes of tlu! Liverpool Plains Pastoral, Agricultural, and Horticnltural Association, with the same powers and subject to tlie same limitations as they now liold the lands hereinbefore described.
proceeds of sale.
Trustees may	5 . The trustees for the time being of tbe land jmrebased under the powers conferred by section tbrec of tliis Act arc bereby empoAvered from time to time, Avitb the consent of the Secretary for Lands, to execute any mortgage of the said land, or any part or parts thereof, freed and discharged from any trust aifecting the stiine, for the purpose
mortgage.

of

Act, 1899.

Terrace-street Closing.

of erecting necessary improvements thereon; and the receipt of such trustees shall ho-a sulTleient discharge to any person or persons bona-tide advancing money upon nnjrtgagc of the said land, and shall exonerate; any such person or persons from seeing to the application of such mon(!y, and from all liability in respect of any misapplication or non­ application thereof.

6 . The Governor, with the; advice of the Executive Council, Goromor may

shall, as to the removal and appoiutnnmt of trustees of tin; hand or ^

lands purchas(;d under the; provisions of section three of this Act, and reguiiitious.

as to tlu' making of rules and regulations in respect thereof, have all

the ])ow('i\s conferred upon him by the Crown Lands Act of 1881,

and the ibiblic Trusts Act, 1897, in respect of lands dedicated for

public pur])oses.

7. This Acl ]iiav be eited as the “ Tamworth Show-ground si iou ti t ie .

Act, 1899.” ^