Brodie’s Enabling Act Amendment Act 1903 (NSW)

Brovie's Bsanuxc Any Act to amend Brodie's Enabling Act, 1900.

AcT AMENDMENT,

Preamble.

[19th October, 1903. |

ILEREAS, by an Act passed in the sixty-fourth ycar of the reign

of Her late Majesty Queen Victoria, 'and intituled " An Act to authorise the sale, mortgage, and leasing of certain lands and heredita- ments settled by John. Brodie and Ellen, his wife; and for other purposes.' After reciting (/nfer alia) as the facts were that certain lands and hereditaments described in the First Schedule to the said Act had been settled by the said John and Ellen Brodie, by two several indentures of the tenth day of Tebruary, one thousand cight hundred and seventy-five, and the twenty-first day of April, one thousand eight hundred and cighty, respectively, upon certain trusts therein set out in favour of Mary Gilroy, the wife of Peter Gilroy, and of any husband who should survive her, and of the children of the said Mary Gilroy, and in default of such children then in favour of Margaret Downes, the wife of Michael Downes, and that a certain portion of the said Jands and hereditaments, comprising about two acres and four perches, described in the Second Schedule to the said Act, had been on or about the first day of November, one thousand eight hundred and eighty-seven, resumed by the Railway Commissioners, and the compensation money paid therefor had been expended in crecting two cottages on another certain portion of the said lands and heredita- ments described in the Third Schedule to the said Act, which cottages

where

Act, 1903.

Br 'odie's $ Enabling Act Amendment.

were Iet to tenants whensoever possible, and when Ict produced a gross annual income of about one hundred and twenty-four pounds, and that the remaining unalicnated portion of the said land was partly orchard Jand and partly bush land, and was bringing in very little return and did not pay expenses, and that William Foster the trustee under the said indenture of the twenty-first day of April, one thousand cight hundred and eighty, and the said Peter and Mary Gilroy were unable to pay the land tax and water rates on the said land, and that, in the absence of any power of sale of the said land, no benefit could be obtained from the same for the said Mary Gilroy or her children, and that the said Peter and Mary Gilroy had nine children therein named, and were unable to provide properly for the education and advancement of the said children, and were therefore desirous to have power to dispose of the said land, and that the said Mary Gilroy should be free to dispose of the proceeds thereof in what manner she might think best for the benelit of herself and the said children, it was enacted that after the passing of the said Act it should be lawful for the said Mary Gilroy in her own name to sell and dispose of so much of the said land and hereditaments described in the First Schedule to the said Act as was not included in the portions described in the Second and Third Schedules thereto or any portion thereof in manner therein provided, and it was thereby further enacted that the said Mary Gilroy, her exceutors, and administrators, should stand possessed of all moneys arising from any such sale or sales as aforesaid, upon trust to apply the same in whatever manner she should think best for the maintenance of herself and family, and for the education and advancement in life of her said children: And whereas powers to mortgage and lease the said lands were inadvertently omitted from the said Act: And whereas one portion of the said land has been sold, but it has been found impracticable at the present time to effect advantageous sales of the rest of the said lands and hereditaments or any portion thereof: And whereas, owing to the absence of such powers of mortgaging and leasing, the said Peter and Mary Gilroy can still obtain no benefit from the said land for the said Mary Gilroy or her children, and are sill unable to properly provide for the education and advaneement of the said children, and are desirous that the said Act should be amended by giving to the said Mary Gilroy such powers to mortgage and lease the said lands and heredita- ments as it was originally intended to give her by the said Act: And whereas the said Poter and Mary Gilroy are also desirous that the powers given to the said Mary Gilroy by "Brodie's Enabling Act, 1900, and by this Act should, alter her death, be exercisable by" the trustee or trustees for the time being of the said indenture of' the twenty- first day of April, one thousand eight hundred and eighty: And whereas the said John Brodie, Ellen Brodie, William Foster and