Legislation, In force, New South Wales
New South Wales: Armstrong’s Settlement Act of 1886 50 Vic (NSW)
An Act to appoint Trustees in the Colony of New South Wales of Mrs.
          An Act to appoint Trustees in the Colony of
New South Wales of Mrs. Mary Susannah
Long Armstrone's marriage settlement
and to authorize the retention and invest-
ment in the said Colony of the trust funds
and property comprised in or subject to
the trusts thereof and otherwise to make
provision in respect of the premises. [8th
October, 1886.]
V ILEREAS by an indenture dated the twenty-first day of Decem-
ber one thousand cight hundred and seventy and made between
John Armstrong of the first part and the said Mary Susannah Long
Innes now Mary Susannah Long Armstrong of the second part and
Edward Lawes Pym Reginald Gipps Long Innes James Armstrong
and Richard Dawes the younger of the third part being the settlement
of the property of the said Mary Susannah Long Armstrong made by
her previously to and in consideration of her marriage with the said
John Armstrong after reciting that a marriage had been agreed upon
and was then attended to be shortly solemnized between the said John
Armstrong and the said Mary Susannah Long Innes And reciting the
respective + wills of James lay dock Reiby and. "Mar 'y Reiby both decease dd
and the will and codicil of Elizabeth Ann Innes deceased under which
and by virtue whercof the said Mary Susannah Long Innes was entitled
to certain shares of and in certain real and personal estate in the
Colonics of New South Wales and Tasmania And also (interalia) that
no
ARMSTRONG''S
SETTLEMENT,
Preamble.
124,
50° VIC. 1886.
Armstrong's Seltlement.
no division of the properties comprised in and subject to the trusts of
the said wills respectively had then been made but the same were
respectively held by the Trustees of the said respective wills in trust
for the persons beneficially entitled to or interested therein respectively
in undivided shares and no accurate particulars of the said properties
had then been furnished to the said Edward Lawes Pym Reginald
Gipps Long Innes James Armstrong and Richard Dawes the younger
it was witnessed that in pursuance » of the agreement entered into on
the treaty for the said then intended marriage and in consideration of
the said then intended marriage she the said Mary Susannah Long
Innes with the privity and approbation of the said John Armstrong
testified by his execution thereof and according to the several natures
and quality of the property and to her estate and interest therein did
thereby grant and assign unto the said Edward Lawes Pym Reginald
Gipps Long Innes James Armstrong and Richard Dawes the younger
theit heirs executors and administrators All and singular the shares
interests estates hereditaments and premises of in or to which she the
said Mary Susannah Long Innes was seized possessed or otherwise
entitled in possession reversion expectancy or otherwise howsoever
under or by virtue of the said wills or codicils therein recited of the
said James Haydock Reiby Mary Reiby and Elizabeth Ann Innes or
any or either of such wills or codicils to hold the said premises there-
inbefore granted and assigned or expressed or intended so to be unto
and to the use of the said Edward Lawes Pym Reginald Gipps Long
Innes James Armstrong and Richard Dawes the younger their heirs
executors administrators and assigns according to the nature and
quality thereof upon the trusts and for the intents and purposes and
with under and subject to the powers provisions and declarations there-
inafter expressed and declared or referred to concerning the same
And it was thercby expressed and declared that the said Edward Lawes
Pym Reginald Gipps Long Innes James Armstrong and Richard
Dawes the younger their executors and administrators and other the
Trustees or 'Trustee for the time being of the said indenture should
stand possessed of all the said trust premises thereby assured upon the
trusts thereinafter expressed concerning the same respectively that
was to say in trust for the said Mary Susannah Long Innes until the
solemnization of the said then intended marriage and after the solem-
nization thereof upon trust that the said Trustees and Trustee for the
time being should as and when the trust premises or any part thereof
should come into their or his actual legal possession sell the same in
manner therein mentioned and should lay out and invest the moneys
arising from such sale and conversion and all and every other the
principal sum and sums of money which might come into their hands
in respect of the shares and interest thereby expressed to be assured
in any of the public stocks or funds of Great Britain or in stock of the
Bank of England or Ireland or in East India stock or in any loan of
the East Indian Government (old or new) or upon security of any
freehold copyhold or customary messuages lands or hereditaments in
England or Wales for any term of years whereof not less than sixty
years should be unexpired at the time of investment or in or upon any
mortgages charges or investments authorized or sccured by the Land
Drainage Acts or other Acts of Parliament (of a like nature) whether
then already passed or thereafter to be passed and whether such Acts
should be public or private Acts or upon any mortgage of rates
authorized by Act of Parliament for any town city borough or county
in the United Kingdom or in or upon security of the debentures or
debenture stock or bonds or mortgages or guaranteed or preference
shares or guaranteed or preference stock of any Company incorporated
by Act of "Parliament or otherwise for the purpose of carrying on and
then
1886. 50° VIC.
~ Armstrong? s Settlement.
then actually carrying on business in the United
Indies and paying or 'dividing and having for tl
immediately preceding paid or divided a dividenc
ordinary shares or capital stock and with power
Trustee with the consent in wr iting of the said
Mary Susannah Long Innes or the survivor of t
her lives or life and after the death of such surv
tion of the said Trustees or Trustee from time t
Kingdom or the East
1e five years next or
or profit upon their
or the said 'Trustees or
John Armstrong and
rem during their his or
ivor at the sole disere-
o time to change the
said stocks funds or securities into other stocks funds or securities of a
like nature as might be thought expedient and
o stand possessed of
the said trust premises upon trust to pay the whole income thereof
unto the said Mary Susannah Long Innes and her assigns during her
life for her sole and separate use without power of anticipation And
after the death of the said Mary Susannah Long Innes (if the said John
Armstrong should survive her) then to pay the whole of the said annual
income to the said John Armstrong and his assigns during his life or
until he should be outlawed or declared bankrupt or take the benefit
or attempt to take the benefit of any statutory provision for arrange-
ment with creditors or should assign charge or incumber or attempt. to
assign charge or incumber the said annual income or some part thereof
or should do or suffer something whereby the said annual income or
some part thereof might if belonging absolutely to him become vested
in or payable to some other person or persons And after the death of
the survivor of them the said Mary Susannah Long Innes and John
Armstrong (or other sooner determination under the provision herein-
before contained of the said trust for payment of the said annual
income to the said John Armstrong in case the same should take effect)
to stand possessed of all the said trust premises in trust for all or such
one or more exclusively of the other or others of the issue of the said
intended marriage to be born during the lives of the said Mary
Susannah Long Innes and John Armstrong or the life of the survivor
of them or within tw enty-one years after the death of such survivor as
such age or time or respective t ages or times if more than one in such
shares and with such future executory or other trusts for the benefit of
the said issuc or some or one of them and with such provisions for
their respective maintenance education and advancement at the
discretion of the said Trustees or Trustee for the time being or
of any other person And upon such conditions with such restric-
tions and in such manner as the said John Armstrong and Mary
Susannah Long Innes should by any decd or deeds or writing or writings
scaled and delivered with or without power of revocation and new
appointment jointly appoint and in default of such joint appointment
and so far as such joint appointment if any should not extend then as
the survivor of them should in like manner or by will or codicil
appoint and in default of such appointinent and so far as such appoint-
ment if any should not extend in trust for all the children or any the
child of the said then intended marriage who being sons or a son
should attain the age of
daughter should attain t
than one in equal shares
provided that no child w
twenty-one years or being daughters or a
iat age or marry under that. age and if more
as tenants incommon And it was thereby
10 or whose issue should take any part of the
said trust premises under any appointment in pursuance of cither of
the powers lastly thereinbefore contained should in default of appoint-
ment to the contrary have or be entitled to any share of the unap-
pointed part of the said trust premises without bringing the shares or
share appointed to him or her or his or her issue into hotchpot and
accounting for the same accordingly And it was thereby agreed and
declared that the said Trustees or 'lrustee should after thé death of the
survivor of the said Mary Susannah Long Innes and John Armstrong
or
50° VIC. 1886.
Armstrong's Settlement,
or the sooner determination of the trust in favour of the said John
Armstrong therein contained in case the same should take effect pay
or apply the whole or such part as they or he should think fit of the
annual income of the share to which any child of the said Mary
Susannah Long Innes by the said John Armstrong should for the time
being be entitled in expectancy under the trusts thereinbefore declared
for or towards his or her maintenance or education and that the said
trustees or trustee might either themselves or himself so pay or
apply the same or might pay the same to the guardian or guardians
of such child for the purpose aforesaid without seeing to the appli-
cation thereof And should during such suspense of absolute vesting
as aforesaid accumulate the residue if any of the said annual
income in the way of compound interest by investing the same and the
resulting income thereof in or upon any of the investments therein-
before authorized for the benefit of the person or persons who under
the trust therein contained should become entitled to the principal
fund from which the same respectively should have procceded and
might resort to the accumulation of any preceding year or years and
apply the same for or towards the maintenance and education of the
child for the time being presumptively entitled thereto in the same
manner as such accumulations might have been applied had they been
annual income arising from the original trust fund in the year in
which they should be so applied and it was thereby declared that it
should be lawful for the said Trustees or Trustce after the death of the
survivor of the said Mary Susannah Long Innes and John Armstrong
or in their his or her lifetime with their his or her consent in writing
to raise any part or parts not exceeding altogether one half of the
expectant or presumptive or vested share of any child of the then
intended marriage under the trust thereinbefore declared and to pay
and apply the same for her or his advancement or benefit as the said
trustees or trustee should think fit And it was thereby agreed and
declared that if there should be no child of the said then intended
marriage who being a son should attain the age of twenty-one years
or being a daughter should attain that age or marry under that age
then the said trustees or trustee should stand possessed of the said
trust premises and the annual income thereof or so much thereof
respectively as should not have become vested or been applied under
any of the trusts or powers therein contained upon the trusts
following that was to say if the said Mary Susannah Long Innes
should survive the said John Armstrong in 'Trust for the said Mary
Susannah Long Innes her executors administrators and assigns But if
the said John Armstrong should survive the said Mary Susannah Long
Innes then in trust for such person or persons and for such purposes
as the said Mary Susannah Long Innes should notwithstanding cover-
ture by will or codicil or testamentary appointment direct And in
default of such appointment and so far as any such appointment
should not extend in trust for such person or persons as under the
statutes for the distribution of the effects of intestates would have
become entitled thercto at the death of the said Mary Susannah Long
Innes had she died possessed thereof intestate and without having
been married such persons if more than one to take as tenants in
common in the shares in which they would have taken under the same
statutes And it was by the now reciting indenture agreed and
declared that until all the said hereditaments and premises therein-
before expressed to be thereby granted and assigned respectively
should have been sold in pursuance of the trusts of the thereinbefore
recited wills of thesaid James Haydock Reiby and Mary Reiby or
in the now reciting indenture in that behalf contained the said Trustees
or Trustee should pay or apply the rents and profits and annual income
of
1886. 50° VIC.
Armstrong's Settlement.
of the same premises or of so much thereof as for the time being
should not have been sold as and when the same should come into
their or his hands or hand tothe person or persons for the purposes
and in the manner to whom and for and in which the annual income
of the stocks funds shares and sceurities in or upon which the moncys
to arise from such sale or sales as aforesaid were thercinbefore directed
to be invested would be payable or applicable under the trusts therein
contained if the sale and investment aforesaid were then actually made
And it was thereby agreed and declared that it should be lawful for
the said Mary Susannah Long Innes by deed or will to direct or
appoint that any part not exceeding onc moicty of the said trust
premises should (but subject and without prejudice to the trust
thereinbefore declared concerning the income thercof for the benefit
of the said Mary Susannah Long Innes during her life) be held upon
such trusts for the benefit of any man the said Mary Susannah Long
Innes might marry aftcr the decease of the said John Armstrong and
all or any one or more of the children and remotcr issue of any sub-
sequent marriage and in such manner as she might think proper And
it was also provided that no such direction or appointment should
have any eflect by way of disposition or lien or charge upon the funds
in case there should be more than two children of the marriage between
the said John Armstrong and Mary Susannah Long Innes who being
a.son or sons should attain the age of twenty-one years or who being
a daughter or daughters should attain that age or marry And there-
upon the funds so directed or appointed should subject. to the trust
thereinbefore declared concerning the income thercof for the benefit
of the said Mary Susannah Long Innes during her life be holden upon
proper trusts accordingly and subject thercto upon the trusts thercin-
before contained concerning the same then subsisting or capable of
taking effect And it was thereby provided that it should be lawful
for the said Mary Susannah Long Innes notwithstanding her intended
or any future coverture at any time after any son of her marriage with
the said John Armstrong should have attained the age of twenty-one
years or any daughter of such marriage should have attained that age
or been married hy any deed to revoke the power Jastly thereinbefore
contained And it was in the said indenture agreed and declared that
if the said Mary Susannah Long Innes then was or if during the said
then intended coverture she or the said John Armstrong in her right
should under the said wills or otherwise at one and the same time and
from the same source become scized or possessed of or entitled to any
real or personal property not thereinbefore effectually settled of the
value of two hundred and fifty pounds and upwards forany estate or
interest whatsoever in possession reversion remainder or expectancy
(except certain chattels and personal estate therein specified) then the
said Mary Susannah Long Innes and John Armstrong and all other
necessary parties if any should convey and assure the said real and
personal property or otherwise cause the same to be vested in her said
Trustees upon trust that they should sell and convert into money such
part or parts of the said property as should not consist of moncy or of
an annuity or annuities or other estate or interest for the life of the
said Mary Susannah Long Innes and should stand and be possessed of
the said proceeds of sale and the investments representing the same
and the annual income thereof upon the trusts and with and subject
to the powers provisocs and agreements in the said indenture pre-
viously declared of and concerning the trust premises the trusts
whereof were thercinbefore declared And it was by the said inden-
ture also provided that in addition to the several powers and authoritics
usually conferred upon trustees the trustees or trustee for the time being
might either themselves or himself pay and discharge out of the said
premises
50° VIC. 1886.
Armstrong's Settlement.
premises all expenses incurred in or about the execution of the trusts
or powers of the said indenture including the costs charges and
expenses of every trustee for the time being who might happen to
be an attorney or solicitor or of the firm of attorneys or solicitors
of which such Trustee might be a member any rule of law or equity to
the contrary notwithstanding And it is thereby agreed and declared
that the power of appointing a new Trustee or new Trustees of the
said indenture in the place of any Trustee or Trustees who might die
or be abroad or desire to be discharged or refuse or become incapable
to act in the execution of the trusts of the said indenture should be
vested in the said John Armstrong and Mary Susannah Long Innes
during their joint lives and in the survivor during his or her life Anc
that upon every or any such appointment the number of such Trustees
might be augmented or reduced And it was thereby agreed anc
declared that the Trustees for the time being of the said indenture
should not be bound to inquire or ascertain of what particulars the
property to which the said Mary Susannah Long Innes was entitlec
then consisted and should not be answerable for any omission or
failure to make inquiry or obtain information as to such particulars
the true intent and meaning of the said indenture being that the said
Trustees should be respectively chargeable only for such moneys stocks
funds shares and securities and property as they should respectively
receive or which should be actually conveyed or assigned or transferred
to them or him And whereas the real and personal estate comprise
in the will of the said James Haydock Reiby deceased are now repre-
sented by the particulars specified in the First Schedule hereto An
whereas the real and personal estate comprised in the said will of the
said Mary Reiby deceased are now represented by the particulars
specified in the Second Schedule hereto And whereas under or by
virtue of certain indentures of lease and release dated respectively the
twenty-seventh and twenty-eighth days of April one thousand eight
hundred and twenty-nine the release being made between Joseph Long
Innes since deceased of the first part the said Mary Reiby and her
daughter the said Elizabeth Anne Innes (then Elizabeth Anne Reiby)
since deceased of the second part and George Bunn and Richard Jones
of the third part certain hereditaments specified in the first part of the
Third Schedule hereto were conveyed and assured unto the said George
Bunn and Richard Jones their heirs and assigns from and after the
solemnization of the said then intended marriage to the use of the said
George Bunn and Richard Jones and their heir during the lives of the
said Elizabeth Anne Innes and Joseph Long Innes and the life of the
survivor of them upon certain trusts for the benefit of the said Eliza-
beth Anne Innes and Joseph Long Innes and from and after the decease
of the survivor of them the said Elizabeth Anne Innes and Joseph
Long Innes To the use of all and every the children of the said
Elizabeth Anne Innes by the said Joseph Long Innes as tenants in
common and to their several and respective heirs and assigns for ever
And whereas there was born issue of the said marriage seven children
and no more all of whom attained the age of twenty-one years and one
of whom is the said Mary Susannah Long Armstrong And whereas
the one-seventh share of the said Mary Susannah Long Armstrong of
and in the said last-mentioned hereditaments was not conveyed by or
included in the said indenture of settlement of the twenty-first day of
December one thousand eight hundred and seventy save and except so
far as the same is comprised in and bound by the covenant for the
settlement of other property of the said Mary Susannah Long Arm-
strong and the same share is now represented by the sum of moncy
specified in the second part of the said Third Schedule And whereas
there are now six children of the said marriage namely Christian
Elizabeth
1886. _ 50° VIC.
Armstrong's Settlement.
Elizabeth Mary Celia Innes Frances Clara Jolin Nicholas Fraser Kath-
leen Arbuthnot Janet and Ailcen Isabel who are all infants under the
age of twenty-one years and unmarried And whereas at the time of
the execution of the said scttlement the said John Armstrong and
Mary Susannah Long Armstrong contemplated residing in Eneland
And the said Mary Susannah Long Armstrong desired that the settle-
ment of her property should be framed in accordance with such
intention and consequently no power was inserted in the said scttle-
ment for the appointment of Trustees thereof or for the investment of
the trust premises comprised therein out of Great Britain and all the
monies now or hereafter constituting or representing the share of the
said Mary Susannah Long Armstrong under the hereinbefore men-
tioned wills or the said indentures of lease and release or any of them
will in the absence of cnactment to the contrary be sent out of the
Colony and transmitted to Great Britain for investment there in acecr-
danee with the trusts of the said settlement And whereas the said
John Armstrong and Mary Susannah Long Armstrong have subse-
quently to the execution of the said settlement changed their place of
domicile and settled in this Colony with their said children with the
purpose and intention of residing permanently therein and it is appre-
hended that very scrious loss and inconvenience will be occasioned to
the several persons beneficially interested therein by the transmission
toand investment in Enel unl of the said moneys And it will be
greatly for the benclit of all the persons interested therein that all the
said monies should be retained and invested in this Colony and that
for the purposes aforesaid fit and proper persons residing in this
Colony should be appointed Trustees of the said settlement and such
other arrangements made as are hereinafter enacted And whereas the
persons hereafter nominated as Trustees are residents in this Colory
and are willing to accept the trusts hereof and of the said indenture of
settlement of the twenty-first day of December one thousand cight
hundred and seventy. And whereas the said Edward Lawes Pym
Reginald Gipps Long Innes James Armstrong and Richard Dawes
the younger having been informed of the intention of the said Mary
Susannah Long Armstrong to apply to the Parliament of this Colony to
pass this Act have made no objection thereto 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 —_
. The following persons namely—James William Johnson
Alexandr Edmund Iemsley Ernest A. Smith and Edward IfLerbert
Crossman are hereby appointed Trustees in this Colony of the said
indenture of settlement of the twenty-first day of December one
thousand eight lundred and seventy and all the estate share right title
and interest of the said Mary Susannah Long Armstrong of and in the
hereditaments and premises comprised in or subject to the trusts of the
said wills and indentures of lease and release or any of them and
assigned by cr otherwise comprised in or subject to the trusts of the said
indenture of settlement ofthe tw enty-first day of December onc thousand
cight hundred and seventy and which estate share right title and interest
are now represented by the several particulars specified in the three
several Schedules hereto are hereby vested in the said James William
Johnson Alexander Hdmund ILemsley Ernest A. Smith and Edward
Herbert Crossman their heirs executors administrators and assigns
according to the nature and quality thereof as fully and effectually as if
their names had been originally inserted in the said indenture of scttle-
ment of the twenty-first day of December one thousand eight hundred
and seventy and in the place of the names of the said Edward Lawes Pym
r Reginald
Appoiatment cf
'Trustees in this
Colony and vest:ng
clause,
Provision for costs
of Act and for invost-
ment of trust funds.
Short title.
50° VIC. 1886,
Armstrong's Settlement,
Reginald Gipps Long Innes James Armstrong and Richard Dawes the
younger and shall be held by them and their heirs executors adminis-
trators and assigns respectively upon the trusts and for the ends intents
and purposes and with under and subject to the powers provisions
and declarations in the hereinbefore recited indenture of settlement
contained and declared of and concerning all and singular the shares
interests estates hereditaments and premises in and by the said
indenture granted and assigned by the said Mary Susannah Long
Armstrong to the said Edward Lawes Pym Reginald Gipps Long Innes
James Armstrong and Richard Dawes the younger their heirs executors
and administrators or such of them as may now or from time to time
hereafter shall be subsisting and capable of taking effect And the
Colonial Treasurer and the said Sir Joseph George Long Innes and all
other persons having in their possession or power any moneys stocksfunds
shares or securities subject to the trusts of the said settlement or which
but for this Act would be payable or transferable to (he said Edward
Lawes Pym Reginald Gipps Long Innes James Armstrong and Richard
Dawes the younger as such Trustees of the said scttlement as aforesaid
are hereby authorized and required to pay and transfer the said moneys
stocks funds shares or securities to the said James William Johnson
Alexander Edmund Hemsley Ernest A. Smith and Edward Terbert
Crossman to the intent that the same may be retained in this Colony
and that henceforth the said James William Johnson Alexander Edmund
Ifemsley Ernest A. Smith and Edward ILerbert Crossman shall be
invested with and shall have the same trusts powers and authorities
save as hereinafter mentioned to all intents and purposes as if they
had been originally appointed Trustees of the said indenture of settle-
ment it being the intent and purpose hereof that the same trusts powers
and authorities shall enure in accordance with and subject to the Acts
of Parliament affecting like trusts powers and authorities contained in
settlements executed and operating in the Colony of New South Wales
and the receipts or receipt in writing of the said James William
Johnson Alexander Edmund Ifemsley Ernest A. Smith and Edward
Herbert Crossman or of the survivors or survivor of them or the
executors or administrators of such survivor their or his assigns here-
inafter referred to as the said Trusices or Trustee for any moncys paid
and for any stocks funds shares or securitics transferred to them or
him by virtue hereof or in the execution of any of the trusts or powers
hereby or by virtue of the said settlement authorized or conferred shall
_alone effectually discharge the person or persons paying or trans-
ferring the same therefrom and from being bound to see to the
application or being answerable for the loss or mis-application thereof.
2. It shall be lawful for the said Trustees or Trustee to deduct
the costs and expenses of and incidental to the passing of this Act out
of the monies paid to them by virtue hercof and the said Trustees or
Trustee shall notwithstanding the directions for investment in the
said settlement contained and hereinbefore recited invest: the balance
of the said monies by way of deposit as a permanent investment with
any bank carrying on business in Sydney or in or upon the purchase
of shares of any such bank or in or upon the purchase of the Deben-
tures or Treasury Bills of any Australian British Colony or in the
purchase or on mortgage of any real estate in the Colony of New
South Wales.
3. This Act may he cited as " Armstrong's Settlement Act of
1886."
THE
1886. 50° VIC.
Armstrong's Settlement.
THE FIRST SCHEDULE NEREINBEFORE REFERRED TO.
A sum of four thousand pounds or thereabouts deposited with the Bank of New
South Wales Sydney in the name of Sir Joseph George Long Innes Family Account
the said Sir Joseph George Long Innes acting for and on behalf of and by the assent of
the several beneficiaries and their Trustees,
A certain frechold cottage situate at or near Launceston in the Colony of
Tasmania and valucd at about £200.
Nots.—The said Mary Susannah Long Armstrong is under the said wills of the said James
Haydock Reiby and Elizabeth Anve Innes entitled to one equal sixth share of the above trust premises.
THE SECOND SCHEDULE UEREINBEFORE REFERRED TO,
All that messuage and shop situate in George-strect Sydney and let on lease to
Gcorge Sands and numbered 37-4 in the said street.
All that inessuage and shop situate in George-stireet aforesaid and let on lease to
Saywell and numbered 376 in the said street.
The said messuages are registered in the name of the said Sir Joseph George
Tong Innes (acting and with such assent as aforesaid) and comprised and more
particularly described in certificate of title vol. 153 fol. 166.
A sum of four thousand five hundred pounds or thereabouts deposited with the
Bank of New South Wales in the name of the said Sir Joseph George Long Innes
(acting and with such assent as aforesaid) to the account aforesaid.
Certain freehold hereditaments and premises situate near Launceston in the
Colony of Tasmania aforesaid and known as Aubrey Farm.
Nore.—The said Mary Susannah Long Armstrong is entitled to one equal seventh share of the
above under the said will of the said Mary Reiby,
TUL THIRD SCILEDULE ILEREINBEFORE REFERRED TO.
First Pant,
All that piece or parcel of land in the City of Sydney in the parish of St. James
county of Cumberland and Colony of New South Wales being part of allotment seven
of section thirty-seven originally g granted to John M'Arthur by Crown grant dated the
third day of December one thousand cight hundred and twenty-six containing twenty
perches and forty-nine one hundredths of a perch Commencing on the eastern building-
line of George-strect at the south-western corner of the present building of the General
Post Office and bounded thence on the west by that building-line bearing south five degrees
west forty-nine links and sixty-one one hundredths of alink (thirty- tw 0 feet eight inches
and seven-eighths of a link) thence on part of the south by the 'centre of a party wall
bearing north fourteen minutes cast seventy-nine one hundredths of a link (six inches
and a quarter) thence on part of ihe south by the centre of a party wall bearing south
eighty-four degrees forty-six links east fifty-three links and cighty-two one hundredths
of a link (thirty- five fect six inches and a quarter) thence on part of the east by the
centre of a party wall bearing north fifty degrees fourteen minutes cast ninety-five one
hundredths of a link (seven inches and a half) thence on part of the south by the centre
of a party wall bearing south cighty-one degrees forty-eight minutes east eighty-one
degrees cighty-two links (fifty-four feet) thence on part of the cast by the centre of a
party wall bearing north seven degrees fifteen minutes east thirty-eight one hundredths
of a link (three inches) thence on the remainder of the south by the centre of a party
wall and a line in continuation thereof bearing south eighty-two degrees forty-five links
east ninety-four links and nineteen one hundredths of a link (sixty two feet two
inches) thence on the south-east by the centre of a party wall bearing north sixty-one
degrces twenty-one minutes east eighteen links and sixty-one one hundredths of a link
(twelve feet three inches and a half) to the south-west side of the Tank Stream thence
on the north-east and the remainder of the cast by that side of that stream being also
the north-east and cast side of a wall bearing north tw enty-nine degrees thirty-five and
a half minutes west twelve links and three one hundredths of a link (seven fect eleven
inches and a quarter) and north five degrees forty-one minutes east twenty-nine links
and nine one hundredths of a link (ninetecn feeé two inches and a half) to the south
side of the present building of the General Post Office and thence on the north by that
side of that building bearing north cighty-two degrees thirty-seven minutes west one
hundred and sixty- five links and fourteen one hundredths of a link (one hundred and
nine fect) and north cighty-five degrees four minutes west ninety-three links and five
one hundredths of a link (sixty-one feet five inches) to the point of commencement.
Sreconp
132.
50' VIC. 1886.
Mudgee Gaslight and Coke Company (Limited).
Seconp Part.
A sum of five thousand five hundred pounds in the hands of the Colonial Treasurer
being the one-seventh share of the said Mary Susannah Long Armstrong ina sum of
thirty-eight thousand five hundred pounds being the amount of the compensation
moneys agreed or otherwise ascertained under and in accordance with the provisions of
the Lands for Public Purposes Acquisition Act (forty-fourth Vietoria number sixteen)
and the amending Act in respect of the hereditaments and premises in the first part of
this Schedule described and recently resumed by the Government by virtue of a certain
proclamation of resumption published in the New South Wales Government Gaztte of
the fourth day of May one thousand eight hundred and cighty-three.
        
      