The Henry O'Brien Yass Lands (Vesting) Act 1947 (NSW)

The Henry O’Brien Yass Lands (Vesting) Act. 299

THE HENRY O’BRIEN YASS LANDS

(VESTING) ACT.

An Act to vest certain land freed and discharged George vr,

from all trusts affecting the same in the	~~
Yass Municipal Council; to empower the said Council to sell the said land; to amend the Local Government Act, 1919; and for purposes connected therewith. [Assented to, 28th March, 1947.]

T T 7 H E E E A S Henry O ’Brien Esquire of Douro near preamblê

VV Yass Grazier being seized of and well and suffici­

ently entitled as tenant in fee simple to tlie land and here­ ditaments described in the Schedule hereto did on the sixteenth day of September in the year One thousand eight hundred and sixty three by deed of Conveyance registered Ho. 55 Book 85 convey the said lands to certain trustees unto and to the nse of the said trustees and their successors in office upon trust to use and occupy the same as a IMarket Place for the sale of horses cattle sheep and agricultural produce and also upon trust to perm it and suffer' the President Vice President and Committee of the Yass Pastoral Agricultural and Horticrdtural Association to use and occupy the said land and hereditaments for certain purposes AND W HEREAS the said deed of conveyance of the sixteenth day of September in the year One thousand eight hundred and sixty three also contained provisions for the appoint­ ment of new trustees by the said trustees or the survivor of them and his and their successors in office AND’

W HEREAS for more than twenty years prior to the year One thousand nine hundred and three there had been no appointment by the said trustees of any successor or successors in office and the survivor of all the said trustees or any successor or successors in office to the said trustees having died without appointing a successor or successors in office AND W HEREAS the Municipal District of Yass and its successor the Yass Municipal

Council

300                   The Henry O’Brien Yass Lands (Vesting) Act.

George VI. Council had for many years p rio r to the year One

thousand nine hundred and three and had since that year had the use and occupation of the said land and heredita­ ments AND W H EEEA S the said Henry O ’Brien duly made his last will and testament dated the sixth day of May One thousand eight hundred and fifty nine and a codicil thereto dated the fourth day of June One thousand eight hundred and sixty three whereby he devised and bequeathed all and singular his lands hereditaments and real estate unto Cornelius O ’Brien Thomas Laidlaw and Eobert Napier their heirs executors adm inistrators and assigns to hold the same respectively according to the nature and quality thereof and upon the trusts therein declared that was to say as to trust estates upon the trusts and equities affecting the same AND W H EEEA S the said Henry O ’Brien died on the twenty seventh day of January One thousand eight hundred and sixty six without having revoked or altered his said will and codicil which were duly proved in tlie Supreme Court of New South Wales Ecclesiastical Jurisdiction on the twenty eighth day of March One thousand eight hundred and sixty six AND W H EEEA S by various deeds of renunciation and appointment of new trustees and deaths and acts valid in the law the estate of the said Henry O ’Brien remaining became vested in Frederick Campbell Esquire of Yarralumla near Queanbeyan as sole surviving trustee AND W H EEEA S the said Municipal D istrict of Yass represented to the said Frederick Campbell that the said Municipal D istrict of Yass was the party equitably entitled to have a conveyance of the legal estate in the land and hereditaments described in the Schedule hereto and accordingly requested the said

.	Frederick Campbell to assure and confirm the said land and hereditaments to the said Municipal D istrict of Yass AND W H EEEA S the said Frederick Campbell as such surviving trustee in pursuance of a covenant for further assurance entered into by the said Henry O ’Brien and for the purpose of fulfilling the intention of the .sa id Henry O ’Brien as expressed in the said deed of
■	conveyance of the sixteenth day of September One thousand eight hundred and sixty three agreed with the said Municipal D istrict of Yass to assure and confirm to the said Municipal D istrict of Yass

the

The Henry O’Brien Yass Lands (Vesting) Act. 301

the said Frederick Campbell as such sole surviving

trustee did on the twenty third day of July One thousand

nine hundred and three by deed of conveyance registered

the said land and hereditaments AND W H EEEA S Geoi^vi. to the said Municipal D istrict of Yass its successors and assigns unto and to the use of the said Municipal D istrict •of Yass its successors and assigns upon the like trusts expressed and contained in the said deed of conveyance •of the sixteenth day of September One thousand eight hundred and sixty three AND W H EEEA S it is no longer practicable to carry out the said ti’usts AND W H EEEA S it is expedient to vest the said land and hereditaments in the Yass Municipal Council freed and discharged from the said trusts AND W H EEEA S it is expedient to ■empower the said Yass hlunicipal Council to dispose of the said land and hereditaments freed and discharged from all trusts affecting the same. Be it therefore enacted by the K ing’s Most Excellent M ajesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Now South Wales in Parliam ent assembled and by the authority of the same as follows:—

1 . This Act may be cited as “ The Henry O ’Brien Yass short title. Lands (Vesting) Act, 1947.”

2 . The land described in the Schedule hereto is hereby vesting,

vested in the Yass Municipal Council for an estate in fee simple freed and discharged from all trusts, estates or interests affecting the same.

3 . The Eegistrar-General shall, upon the application Eegistered

of the Yass Municipal Council, and upon payment of proprietor,

the fees proscribed, issue to the said Council a Certificate

of Title under the Eeal Property Act, 1900, in respect of

the land described in the Schedule without causing any

examination or report to be made as to the title to the

land and without considering such title, freed and

discharged from all trusts, estates or interests atfecting

the same.

4 . The Yass Municipal Council is hereby empowered Power of

to sell by public auction or private treaty the land Sale,

described in the Schedule hereto freed and discharged

from all trusts, estates or interests affecting the same.

THE

302                   The Henry O’Brien Yass Lands (Vesting) Act.

George VI. TH E SCHEDULE.

ALL THAT the piece or parcel of land containing by admeasurement two acres more or less situated in the county of Murray Parish of Yass in O’Connell town being allotments numbers sixteen seventeen eighteen and nineteen of section forty four commencing at the Southern corner of the section and bounded thence on the south west by D utton Street north westerly four chains on the north west by the south east boundary line of allotment number fifteen north easterly at right angles to Dutton Street five chains on the north east by the south west boundary line of allotments three two and twenty south easterly parallel with Dutton Street four chains to P e tit Street and on the south east by that street south westerly five chains to the point of commencement and more particularly described by Survey as follow s:—ALL THAT piece or parcel of land situate in the Municipality of Yass in the Parish of Hume in the County of M urray in the State of New South Wales being part of Lots 16, 17, 18 and 19 of Section 44 of the O’Connell Town Subdivision at Yass COMMENCING at a point being the inter­ section of the north western building line of Petit Street with the north eastern building line of Dutton Street and BOUNDED on the south west by part of the north eastern building line of Dutton Street aforesaid being a line bearing 315 degrees 06 minutes 15 seconds distant 258 feet 5 inches TH EN CE on the north west by part of the south eastern boundary of original Lot 15 being a line bearing 45 degrees 05 minutes 30 seconds distant 325 feet lOJ inches TH EN C E on the north east by a line bearing 134 degrees 58 minutes distant 258 feet to the north western building line of P etit Street aforesaid TH EN CE on the south east by part of the said north western building line of P etit Street being a line bearing 225 degrees 01 minutes distant 326 feet 5J inches to the point of commencement and containing in area 1 acre 3 roods 29J perches be the said several dimensions a little more or less.