Uther Estate Leasing Act of 1886 No uel (NSW)

An Act to author ize W a l t e r I reda le U t h e r

and H u l t o n Smyth K i n g or o the r t he Trus t ee or Trus tees for the t ime be ing of t h e will of Reuben Uthe r la te of Sydney deceased to lease por t ion of t he real es ta te

of t h e said Reuben Uther .	[27th	August,
1886.]

WH E R E A S Reuben Uther late of Sydney deceased died on the seized of the lands and hereditaments in the Schedule heredo described tenth day of July one thousand eight hundred and eighty

and having first duly made and executed his last will and testament dated the twentieth day of November one thousand eight hundred and seventy-three and the codicils thereto dated respectively the eighteenth day of November one thousand eight hundred and seventy-four the twenty-fifth day of August one thousand eight hundred and seventy- six the twenty-sixth day of January one thousand eight hundred and seventy-seven and the sixth day of July one thousand eight hundred and eighty whereby he appointed and devised the said lands and here­ ditaments unto and to the use of Walter Iredale Uther and Hulton Smyth King upon certain trusts for the benefit of Ann Uther Walter Iredale Uther Henry Albert Uther Caroline Uther (his wife) Wilhelmina Uther (now Wilhelmina King) James King (her husband) Florence Uther (now Florence Harris) William Harris (her husband) Frances King Hulton Smyth King (her husband) Jessie Barker Hugh Barker (her husband) Clara Kezia Bedford Marks Samuel Marks (her husband) Emma Barker William Barker (her husband) since deceased Stanley Herbert Uther Charlotte Elizabeth Uther (his wife) Adelaide Ann Uther since deceased Helen Welch and Eliza Hosking during their lives And whereas Jane Uther Mary Uther Harold Uther Ada King Leonard Uther Harris George Hulton Smyth King Walter Uther Smyth King William Cooper Smyth King Angelina Ann Smyth King Minnie Elizabeth Smyth King Isabella Charlotte Smyth King Ada Rosalie Smyth King Florence Emily Smyth King Theodore Barker Herbert Barker Ernest Marks Zoa Marks Annie Marks Lily Marks Evelyn Maud Marks William Mandeville Barker Emily Barker Jessie Ann Barker Emma Jane Barker Ruby Uther Stanley Uther the younger are the children of the said life beneficiaries and as such entitled in remainder to the said lands under the said will and together with the first above-mentioned beneficiaries are the sole persons interested therein And whereas several of the said children are still of tender years and under age And whereas by the said will the Trustee or Trustees thereof were empowered to grant leases of the said real estate until the whole or any portion thereof should be sold under the said trusts for any term not exceeding seven years in possession And whereas no portion of the said real estate in the Schedule hereto mentioned and described has been sold and it is found impossible to let the same upon such leases with full advantage to the said persons beneficially entitled thereout and the said real estate remains wholly or to a large extent unproductive And whereas the said real estate can now be let on building or other leases for a large rent and upon favourable conditions as to building and otherwise and it is desirable that the said Walter Iredale Uther and Hulton Smyth King or other the Trustee or Trustees for the time being of the said will should bo empowered

empowered to grant such lease or leases of the said real estate for any period not exceeding twenty-one years in possession with and subject to such conditions as to building and otherwise as such Trustee or Trustees may in his or their discretion deem expedient 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 :—

1. I t shall be lawful for the said Walter Iredale Uther and I lul ton Smyth King or the Trustee or Trustees for the time being of the said will of the said Pieubcn Uther to execute and make any lease or leases of the said land and hereditaments or any part thereof described in the Schedule hereto to any person or persons who shall covenant to improve the same by erecting thereon any house or building or by repairing or rebuilding any house or building which may be now or hereafter shall be standing thereon or by otherwise expending in improvements such moneys as such Trustee or Trustees shall deem adequate and subject to such further covenants as the said Trustee or Trustees may deem expedient but so that every such lease shall be for a term not exceeding twenty-one years to take effect in possession and shall be at the best rent that can be reasonably obtained for the same having regard to the covenants to be performed on the' part of the lessee or lessees but without taking anything in the nature of a fine or premium for the making thereof and so that there be contained in every such lease a covenant by the lessee or lessees for the payment of the rent thereby reserved and a condition of re-entry for non-payment thereof within a reasonable time to be therein specified and for non- observance or non-performance of the covenants by the lessee or lessees and so that the lessee or lessees do execute a counterpart
thereof.
2. I t shall and maybe lawful for the said Walter Iredale Uther and Ilul ton Smyth King to reimburse themselves out of the moneys in their hands under the trusts of the said will all the expenses incurred by them of and incidental to this Act.

3. This Act may be cited as the " Uther Estate Leasing Act of

1886."

T H E S C H E D U L E .

All t h a t piece or parcel of land s i tua te lying and being in the parish of St. J a m e s city of Sydney in t he County of Cumber land Colony of N e w South Wales and be t h e here inaf ter ment ioned several dimensions all more or less and being por t ion of lot seven of section thirty-five Commencing a t the in tersect ion of t he eastern side of P i t t - s t r e e t with t he sou the rn side of a gateway eight feet n ine inches wide and bounded on the west by P i t t - s t r ee t aforesaid bear ing nor ther ly seventy-four feet four inches on the n o r t h by a l ine bear ing easterly one hundred and s ix ty- three feet six inches on the east by a line bear ing souther ly one h u n d r e d and th i r ty- throe feet seven inches on the south by l ines bear ing wester ly one h u n d r e d and twenty-one feet one inch and for ty-four feet six inches t o P i t t - s t r ee t aforesaid again on the west by P i t t - s t r ee t bear ing no r the r ly fifty-one feet and a quar te r inch again on the nor th by a l ine being the cen t re of a party-wall bear ing easter ly e ighty- three feet n ine inches again on the west by a l ine in the cent re of a par ty- wall bear ing nor the r ly seven inches again on the n o r t h by a l ine in the cen t re of a pa r ty - wall bear ing easter ly twenty- two feet again on t h e west by a line bear ing nor the r ly t h i r t een feet e ight inches again on the south by the southern side of gateway aforesaid bear ing wester ly twenty- two feet five inches nor the r ly t en inches and lastly wester ly e ighty- three feet t en inches to the point of c o m n e n c m e n t and being number s one h u n d r e d and sixty-eight one hundred and seventy one hundred and seventy- two one h u n d r e d and seventy-four one hundred and seventy-eight one hundred and eighty one

h u n d r e d and e ighty- two P i t t - s t r ee t and five s tores and one stable a t rear .

All t h a t piece or parcel of land s i tua te lying and being in t he par ish of Alexandr ia

in t he coun ty of Cumber land Colony of New South W a l e s and be t he here inaf ter men t ioned several dimensions all more or less Commencing at t he in tersec t ion of t h e

n o r t h e r n

n o r t h e r n side of Cooper-3treet S u r r y Hi l l s wi th t he wes tern side of Hercu les (late

Y o u n g ) s t ree t and bounded on the south by Cooper-s t reet aforesaid bear ing westerly one

hundred and eighty-seven feet sis inches to Ho l t - s t r ee t on the south-west by said Ho l t - s t ree t bear ing nor th-wes ter ly fifty-six feet four inches on t h e nor th -wes t by a line bear ing nor th -eas te r ly one h u n d r e d and fifty-eight feet t h r ee inches on the west by a

l ine bear ing nor ther ly one hundred and e ighteen feet to Kippax-s t rce t on t he no r th

by t he sou thern side of t h a t s t reet bear ing easter ly seventy-eight feet to Hercu les - s t r ee t aforesaid and on t h e east by the wes tern side of t h a t s t ree t bear ing souther ly two

h u n d r e d and fifty-four feet to the poin t of commencement .