New South Wales: Bassett-Darley Estates Act 40 Vic (NSW)

An Act to authorize the Trustees of the serpin Marriage Settlement of Mrs. Bassett to "— sell and dispose of certain lands at Manly Beach and elsewhere in the Colony of New South Wales. [21s¢ March, 1877. | HEREAS Darcy Wentworth late of Homebush in the Colony Preamble. of New South Wales Esquire on the fifth day of July one thousand eight hundred and twenty-seven duly made signed and published his last will and testament in writing of that date whereby reciting that he was possessed of extensive real estates which he was desirous of bequeathing to his children in such manner as that the same should be enjoyed by them respectively only for and during the period of their natural lives in order therefore to limit the same strictly in entail to them his said children and to the several and respective heirs of their bodies respectively the said testator gave devised and bequeathed the whole of his property real personal and mixed where- soever the same might be situate except as thereinafter was excepted unto his friends John Thomas Campbell William Lawson William Redfern Esquires and unto his the said testator's son William Charles Wentworth 40° VIC. 1877. Bassett-Darley Estates. Wentworth Esquire their heirs executors administrators and assigns according to the respective nature and quality thereof To have and to hold his the said testator's said real personal and mixed estate to them his the said testator's said trustees and the survivor of them and the heirs executors administrators and assigns of such survivor In trust nevertheless to and for the uses intents and pur- poses following that was to say (after devising certain legacies and annuities and declaring certain trusts in respect thereof) Upon trust to allow his the said testator's said son William Charles Wentworth to have possess and enjoy certain of his the said testator's estates and property in the said will particularly mentioned and described the said William Charles Wentworth to possess and enjoy the said estates hereditaments and premises respectively and every part and parcel thereof for and during the term of his natural life and from and after his decease the same to go and descend to his first and other sons and daughters in tail in the or 'ler of primogeniture males to he preferred to females and to the several and respective heirs of their bodies so as that cach possessor should take only a life estate and interest in the same Andina the event of the said William Charles Wentworth's deccase without issue then the said testator gave and devised his said estates to his said trustees and their heirs in trust to allow his the said testator's other children thereinafter mentioned to possess and enjoy the same strictly limited to life interest and entail to each of them respectively in the order of primogeniture males to be preferred to females in the order * in the said will particularly mentioned And (after certain devises and declarations of trust in favor of his son Darey Wentworth) Upon further trust to allow his the said testator's children Martha Sophia Robert Mary Ann and Katherine to possess and enjoy the whole of his the said testator''s Ilawarra estate (including ccrtain lands at Liverpool and Appin) and comprising the several parcels of land mentioned and described in the second Schedule hereto for and during the periods of the respective natural lives of his said testator's said tive thercin last- meaitioned children to be held and enjoyed by them respectively and by their respective heirs of their bodies as tenants in common and not as joint tenants with the like limitations as to remainder to their respective issue and to succession in default of such issuc as was thercin- before in the said will limited and appointed with regard to the other estates thereby by the said will devised and bequeathed to his the said testator's said son William Charles And (after declaring certain trusts in regard to certain other property of the said testator) Upon further trust to allow his the said testator's daughter Katherine to enjoy his the said testator's estates at Broken Bay North Harbour and Duck River more particularly described in the first Schedule hereto to be had and held by the said Katherine during the term of her natural life and to goand descend to the heirs of her body subject to the like limitations and conditions as were thereinbefore in the said will declared of and concerning the said other real estates (being the limitations and con- ditions declared of and concerning the property devised to the said testator's said son William Charles "Wentworth and similar limitations and conditions as to property devised to and in trust for certain others of the said testator's children) And the said testator declared that in the event of the death of any of his said nine children (in the said will particularly mentioned) without issue of their bodies as thercin aforesaid he the said testator gave and devised the estate or estates thereinbefore given and devised in trust for such children and their issue as therein aforesaid as should die without issue to the eldest of his the said testator's said children who should be then living in the order of succession therein. particularly mentioned to be had and held by such succeeding child and the heirs of his or her body subject to the like limitations 40' VIC. Bassett-Darley Lstates. 1877. limitations and conditions as therein aforesaid And whercas the said testator was at the time of his so making the said will seized and possessed of the said parcels of land and hereditaments respectively mentioned and described in the said first and second Schedules hereto And whercas the said testator died on the seventh day of July one thousand cight hundred and twenty-seven without having iu any way altered or revoked his said last will and testament which was on the twenty-second day of May one thousand cight hundred and twenty- eight duly proved in the Supreme Court of 'New South Wales in its Beclesiastical Jurisdiction when administration of the estate of the said Darcy Wentworth was duly granted to the said John Thomas Campbell William Lawson and William Charles Wentworth And whereas undcr misapprehension as to the truc construction of the said will of the said Darcy Wentworth it was originally believed that the saic Katherine the said daughter of the said Darcey Wentworth took an estate tail in the several °) and in trust for her by th. that she was accordingly lands hereditamen e said will of the able by a deed du said Darey Wentworth and 's and premises devised tc y executed in accordance with the provisions of the Statute in that behalf in force in the said Colony of New South Wales to bar the said supposed estate tail and al remainders in the said lands hereditaments and premises expectan thercon And whereas under such misapprehension as aforcsai certain deeds were executed for the purpose of barring the supposed estates tail of the said Katherine Wentworth the daughter of the said testator in the said lands hereditaments and premiscs mentioned and described in the said first and second Schedules hereto and for the purpose of settling the same on the then intended marriage of the said Katherine Wentworth with one Benjamin Darley And whereas the said Katherine Wentworth intcrmarried with the said Benjamin Darley on the sixth day of February one thousand eight jundred and forty-seven by whom she had several children of whom the cldest and only now surviving son was and is Benjamin Wentworth Darley who was born on the twenty-first day of May onc thousand eight hundred and fifty-four and attained his age of twenty-one years on the twenty-first day of May one thousand cight hundred and seventy-five And whercas the said Benjamin Darley dicd on the twenty-second day of June one thousand eight hundred and sixty-four leaving him surviving the said Katherine his widow and the said Benjamin Wentworth Darley his only now surviving and cldest son by the said Katherine Darley And whereas upon the death of the said Benjamin Darley the said Katherine his widow had only the same and the same extent of estate of and in the said land hereditaments and premises mentioned and described in the said first and second Schedules hereto as she took under the will of the said testator Darcy Wentworth namcly a life estate And whereas by an indenture dated the twenty-first day of November one thousand eight hundred and sixty-seven and made between the said Katherine Darley of the first part William Thomas Bassett of the second part and Gcorge Osborne and Edwin Daintrey of the third part reciting that a marriage had been agree upon and was intended to be then shortly solemnized between the said Catherine Darley and William Thomas Bassett and (amongst other recitals) also reciting that under the said will of the said testator Darcy Wentworth the said Katherine Darley was or might be entitled for her life or other interest to some share or shares in his real estate and absolutely or otherwise to some share in his personal estate and that it had been agreed that the same should be settled as therein men- tioned the said Katherine Darley with the consent of the said William Thomas Bassett granted assigned released and conveyed unto the said George Osborne "and Edwin Daintrey their heirs executors adminis- trators 40° VIC. 1877. Bassett-Darley Estates. trators and assigns All and singular the estate share right title and interest whatsoever whether for life or absolutely or for any other estate and whether in possession reversion remainder or expectancy which under or by virtue of the will of her said deceased father Darcey Went- worth she the said Katherine Darley then was or should or might be or become entitled to in the real and personal estates of him the said Darcy Wentworth deceased and whether the same were situate in New South Wales or elsewhere In trust for the said Katherine Darley her heirs executors administrators and assigns until the said intended marriage should be solemnized And after the solemnization thereof Upon trust as to the said real estate and hereditaments thereby granted and conveyed or intended so to be Upon trust for the said Katherine Darley for her sole and separate use and benefit and so that she might receive the rents and profits of such real estate and heredita- ments free from the debts and control of her said intended husband during her life without anticipation and from and after her decease Upon trust for such person as she should by any deed or by her will notwithstanding coverture appoint and in default of appointment Upon trust for the right heirs of the said Katherine Darley And in the said indenture was contained a power to appoint new trustees in the events therein mentioned and enabling the said Katherine Darley during her life to exercise such power And whereas by an inden- ture dated the eleventh day of January one thousand eight hundred and sixty-nine and made between the said Katherine Bassett of the first part the said George Osborne of the second part and Alexander Stuart of the third part reciting that the said Edwin Daintrey had declined to act and had never acted in the trusts of the said indenture of the twenty-first day of November one thousand eight hundred and sixty seven the said Katherine Bassett nominated and appointed the said Alexander Stuart to be a new trustee in the room and place of the said Edwin Daintrey and to act in conjunction with the said George Osborne in the trusts of the said last-mentioned indenture And by the now reciting indenture All and singular the estate share' right title and interest real and personal estate whatsoever and other premises comprised in and by the thereinbefore and hereinbefore recited inden- ture of the twenty-first day of November one thousand eight hundred and sixty-seven was granted released and assigned unto the said George Osborne and Alexander Stuart their heirs executors administrators and assigns upon the trusts of the said last-mentioned indenture And - whereas by an indenture dated the twenty-second day of September one thousand eight hundred and fifty-one and expressed to be made between Thomas Alexander Reddall of the first part Robert Towns and Sophia Towns his wife (formerly Sophia Wentworth) of the second part Robert Darcy Wentworth Towns eldest son of the said Sophia Towns an infant under the age of twenty-one years of the third part the said Robert Towns and Stephen Addison of 'the fourth part the said Stephen Addison and Mary Ann Addison his wife (formerly Mary Ann Went- worth) of the fifth part Hugh Darcy Addison eldest son of the said Mary Ann Addison an infant under the age of twenty-one years of the sixth part the said Benjamin Darley and Katherine Darley his wife of the seventh part Katherine Darley the younger eldest daughter of the said Katherine Darley an infant under the age of twenty-one years of the eighth part the said Robert Towns and Alexander Donaldson Kellie of the ninth part and Randolph John Want of the tenth part a partition of the said lands hereditaments and premises mentioned and described in the said second Schedule hereto was purported to be made but the same was ineffectual for such purpose inasmuch as the same was not executed by all the parties who were interested in the said lands hereditaments and premises and whose execution was necessary to complete and effect 1877. 40° VIC. Bassett-Darley Estates. effect such partition And whereas by an indenture dated the six- teenth day of March one thousand eight hundred and seventy-six and made between the said Benjamin Wentworth Darley of the first part the said George Osborne and Alexander Stuart of the second part George Penkivil Slade of the third part and the said Benjamin Wentworth Darley of the fourth part the said Benjamin Wentworth Darley with the consent of the said George Osborne and Alexander Stuart granted and released All that the inheritance in remainder expectant on the determination of the said estate for life of the said Katherine Bassett of and in All those the said lands hereditaments and premiscs mentioned and described in the said first Schedule thereto and hereto and of and in all that the share estate and interest of the said Benjamin Wentworth Darley in the lands and hereditaments mentioned and described in the said second Schedule thereto and hereto to the said George Penkivil Slade freed and dis- charged of and from all estates tail of the said Benjamin Wentworth Darley in the said lands hereditaments and premises and all estates rights titles interests and powers to take effect after the determination or in defeasance of the same estates tail to the use of the said Benjamin Wentworth Darley his heirs and assigns for ever And whereas the said lands hereditaments and premiscs mentioned and described in the said first and second Schedulcs hereto are of great value and it would be advisable and of great advantage to all parties interested in the same that the said lands in the said first Schedule mentioned should be sold and the moneys arising from the sale thereof be held in trust for the persons interested in the same lands heredita- ments and premises according to their respective estates and interests therein And whereas it is expedient that the trustees of the said indenture of the twenty-first day of November one thousand cight hundred and sixty-seven should have power to dispose of the share and interest of the said Katherine Bassett and Benjamin Wentworth Darley in the lands mentioned in the said second Schedule hercto And whereas the said objects cannot be attained without an Act of the Legislature there being no power of sale contained in the said indenture of scttlement of the twenty-first day of November one thousand cight hundred and sixty-seven 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. From and after the passing of this Act the said lands heredita- ments and premises mentioned and described in the said first Schedule hereto shall be vested in the said George Osborne and Alexander Stuart their heirs and assigns for an estate of inheritance in fee simple in possession. Land in first Schedule to be vested in trustees in fee simple. 2. It shall be lawful for the said George Osborne and Alexander Trustees empowered Stuart or other the trustees or trustee of this Act (such person or persons whether the present or future trustees or trustee being herein- after designated as the said trustees or trustee) to sell and dispose of all and singular the lands hereditaments and premises mentioned and described in the said first Schedule hereto or any or cither of them or any part of the same by public auction or private contract either in one or several lots and in such parcels lots and divisions and wpon such terms and conditions as they or he shall deem expedient and for such price or prices as can be reasonably obtained for the same with power to buy in the said lands hereditaments and premises or any part thercof at any sale by auction and to rescind or vary any contract for sale and to resell without being responsible for any loss occasioned thereby Upon any sale so made the said trustees or trustec may convey the land so sold to the purchaser or purchasers thereof or as such purchaser or 6 purchasers to scll and convey. Power to givo credit to purchasors, Trusts of purchase money. To pay costs and expenses of Act. To pay expenses of sale. To pay commission, Investment of surplus, Trusts of invest- ments, 40° VIC. 1877. Bassett-Darley Estates. purchasers may direct and upon the execution of any such conveyance the inheritance in fee simple in possession in the land thereby con- veyed shall vest in the person or persons to whom the same shall be conveyed either absolutely or to or for such estates uses trusts or limita- tions as may be created limited or declared in and by such deed. 38. It shall be lawful for the said trustees or trustee to allow any purchascr or purchasers credit for the payment of the whole or part of his her or their purchase money upon such terms as to interest or otherwise generally as the said trustees or trustee may deem reasonable and expedient Provided that the land in respect of which such credit shall be given shall remain unconveyed or shall by a proper mortgage with full powers of entry and sale and other usual and proper pro- visions be made a security for the payment of the purchase money remaining unpaid and in respect of which credit is given And provided that in the event of credit being given for the whole purchase money such other security be given by or on behalf of the purchaser as shall in the opinion and discretion of the said trustees or trustee be sufficient together with the value of the land in respect of which such credit shall be given to secure the payment of the said purchase money and accruing interest thereon In the event of any such security being taken the vendors lien for the said purchase money and every part thereof shall in all cases continue and be enforceable notwithstanding any arrangement as to the giving or taking of such security or otherwise. 4. The said trustees or trustee shall stand possessed of all moneys arising from any sale hereby authorized Upon trust in the first place to pay all costs and expenses of and incidental to the procuring and passing this Act and also of all deeds instruments acts dealings and proceedings previously or subsequently to the passing of this Act executed signed done or undertaken for the purpose of enabling the said trustees or trustee to carry out any sale hereby authorized Sand in the next place to pay all costs and expenses of and incidental to such sale And in the next placc to retain and pay the commission hereby authorized And in the last place to invest the surplus of the said moneys arising from any such sale after making and paying such costs charges expenses and commission as aforesaid in any Debentures or Government securities of any kind of the Colonies of New South Wales Victoria Queensland or New Zealand or the public stocks or funds or Government securities of the United Kingdom or upon free- held leasehold or chattel real securities in the United Kingdom of England and Ireland or any of the said Colonies or in or upon the stocks funds shares debentures mortgages or sccurities of any corpora- tion company or public body municipal commercial or otherwise in the United Kingdom or any of the said Colonies or upon Bank deposit receipts of any Bank in the said United Kingdom or any of the saic Colonies and with power from time to time and at any time to vary or transpose any such investment and security into or for any other investment or security of the nature hereby authorized. . The said trustees or trustee shall stand possessed of all and every such stocks funds and securities and all the net interest income and annual produce thereof Upon trust during the life of the said Katherine Bassett to pay such net interest income and annual produce of the said stocks funds and securities to the said Katherine Bassett for her life for her sole and separate use and free from the debts control or interference of her present or any future husband her receipts alone to be sufficient discharges for the same and so that she may not in any way dispose of the same income and annual proceeds by way of anticipation After the decease of the said Katherine Bassett the said trustees or trustee shall stand possessed of the said stocks funds and securities 1877. 40° VIC. Bassett-Darley Estates. securities and the interest income and annual produce of the same upon trust for the said Benjamin Wentworth Darley absolutely If the said Katherine Bassett shall dic at any time between the times at which any such income as aforesaid shall be payable on any such investment the said trustees or trustee shall apportion the income becoming payable at the time next after the death of the said Katherine Bassett between the representatives of the said Katherine Bassett and the said Benjamin Wentworth Darley or his representatives according to the proportion of time during which cach of such parties have been respectively entitled to the stocks funds or securities producing such income. 6. It shall be lawful for the said trustees or trustee to lease either the whole or any part of the said lands and hereditaments mentioned and described in the said first Schedule hereto to any person or persons who shall covenant to improve the same by erecting and building thercon any house or houses building or buildings and to repair and rebuild any houses or buildings which shall hereafter be standing thercon or by otherwise expending in improvement such moncys as shall be deemed adequate to the interest to be parted with for any term of years not exceeding ninety-nine years to take cffect in possession and not in reversion or by way of future interest so as there be reserved in every such lease the best yearly rent to be incident to the immediate reversion that can be reasonably obtained without taking anything in the nature of a fine or premium for the making thercof and so that there be contained in every such lease a condition of re-entry for non- payment of rent within a reasonable time to be therein specified or non- observance or non-performance of covenants by the lessee and so that the lessee do execute a counterpart thereof and thereby covenant for payment of the rent thereby reserved and be not by any express words made dispunishable for waste. 7. The said trustees or trustee shall stand possessed of the rents arising from and payable under any lease made under the authority of this Act upon the same trusts as are herein declared in regard to the income of the said stocks funds and securities under the fifth section of this Act. 8. It shall be lawful for the said trustees or trustee to make and alter and concur in the making and altering of any roads strects or ways on and over any part or parts of the said lands hereditaments and premises mentioned and described in the said first Schedule hereto and also to undertake and concur in undertaking any works for and to make ercet and carry out and concur in making erecting and carrying out any gardens ornamental grounds places of reereation ercetions sewers drains w atercourses lamps lighting or any other work which may in their or his discretion conduce to the better laying out or sclling of the said lands and hereditaments or the convenicnce and enjoy ment of those persons who may have purchased any part thercof 'The cost of any such works on the part of the said trustees or trustec or their or his proportion of any costs for such works shall for the purposes of this Act be held to be costs and expenses of and incidental to sales here- under For any of the purposes of this section the said trustecs or trustee may reserve and dedicate either absolutely or wpon any condition any part and parts of the said lands hereditaments and premises. 9. It shall be lawful for the said trustecs or trustee without price or consideration to convey and dedicate any part or parts of the said lands hereditaments and premises mentioned and described in the said first Schedule hereto cither absolutely or upon any conditions for the purpose of the erection of any building for religious educational or charitable purposes and to confirm any appropriation or gift of any part of the said lands and hereditaments made for any such | purpose at any time previously to the passing of this Act. 10. Power to grant building leases. Rents to be held on same trusts as in- come of investinenta, Power to make roads &c, Power to dedicate land for religious educational and charitable purposes. 12 40° VIC. 1877. Bassett-Darley Estates. Power to exchange 10. Itshall be lawful for the said trustees or trustee to exchange for land previously any part of the said lands hereditaments and premises mentioned and .° described in the said first Schedule hereto for any other part or parts of the said lands hereditaments and premises which may have been previously sold and conveyed under the authority of this Act and for the purpose of carrying out any such exchange to execute and do any deed or thing in the opinion of the said trustees or trustee necessary or expedient. Powor to bring land 11. The said trustees or trustee may at any time and from time under Real Preperty to time make execute sign take and do all applications deeds instru- ments steps and things necessary or expedient for the purpose of bringing under the provisions of the "Real Property Act" the said lands hereditaments and premises mentioned and described in the said first Schedule hereto or any part or parts thereof. Trustees com- 12. It shall be lawful for the said trustees or trustee from time missions to time to retain and pay to themselves and the others and other of them an aggregate commission of five pounds per centum calculated upon the moneys arising from every sale made under the authority of this Act after deduction of all commission auctioneers agents and advertising costs and expenses of such sale Upon any lease made under the authority of this Act the said trustees or trustee may retain and pay to themselves and the others and other of them an 'aggregate commission of five pounds per centum calculated upon a capitalized value of the rent thereby reserved money for such purpose being taken to be of the value of six pounds per centum per annum. Zrustocs receipts to 13. The receipt and receipts in writing of the said trustees or 25 1 1$- : charges. ~—=«sbrustee shall be an absolute discharge to any purchaser or purchasers of any lands and hereditaments sold and to any lessee or under tenant of any land so as aforesaid demised for any purchase money and rent respectively paid in respect of any such purchase and the reservations and provisions of any such lease and shall exonerate the person or persons so paying from the necessity of seeing to the application of any such purchase money or rent and from any liability for the non- application or misapplication of the same or any part of the same. Appointment of new 14. Upon the death desire to be discharged from or refusal or trustees, becoming unfit or incapable to act in the trusts of this Act of the said George Osborne and Alexander Stuart or either of them or of any trustee appointed under the provisions of the sixty-third section of "The Trust Property Act of one thousand eight hundred and sixty-two" (which shall be held to be incorporated herewith) the said Katherine Bassett shall during her lifetime be held to be the person nominated for the purpose of appointing a new trustee and after her death so long as any trusts of this Act shall remain unperformed the said Benjamin Wentworth Darley his executors or administrators shall be held to be the person or persons (as the case may be) nominated for the purpose of appointing a new trustee The expression "the said trustees or trustee' wherever used in this Act shall be taken and held to mean the trustees or trustee for the time being of this Act whether original or substituted. Power to trustees to 15. It shall be lawful for the said George Osborne and Alexander fa second Schedule, Stuart or the trustees or trustee for the time being of the said inden- ture of the twenty-first day of November one thousand eight hundred and sixty-seven at any time and from time to time in any way to con- cur with the person or persons for the time being under the said will of the said Darcy Wentworth entitled to the one- fifth share of the said hereditaments described in the second Schedule hereto next in remainder or reversion after the life estate of the said Katherine Bassett whether such share shall or shall not be then partitioned and if deemed necessary or desirable also to concur with any person or persons possessed of or entitled 1877. 40° VIC. Bassett-Darley Estates. entitled to the other fifth shares of and in the said hereditaments for the purpose of carrying out a sale or sales cither of the said one-fifth share or of the entirety of the said hereditaments and for this purpose they shall possess similar powers of conveyance and with the like con- sequences to those provided in and by the second section of this Act On any such sale the purchase money payable in respect of or the fair proportion applicable to such one-fifth share as the case may be shall be paid to and held by the said trustees of this Act upon the trusts and for the purposes declared in and by the fourth and fifth sections of this Act and the said trustees of the said indenture of settlement shall have similar powers of giving receipts and with similar consc- quences to those conferred and declared in and by the thirteenth section of this Act. 16. Upon the death of the said Katherine Bassett the said trustecs or trustee shall convey assure and assign to the said Benjamin Went- worth Darley his heirs executors administrators or assigns any of the said lands and hereditaments mentioned and described in the said first Schedule hereto remaining unsold and unconveyed subject to and with the benefit of any leases granted and subject to any other estates rights or interests created and any dedications made by the said trustees or trustee under the authority of this Act and all stocks funds and secu- rities held by the said trustees or trustee under or in pursuance of the provisions of this Act and any income of or from the same to which the representatives of the said Katherine Bassett shall not be entitled under the provisions of this Act according to the nature of the said respective properties and the then existing circumstances. 17. The said trustees with respect to any charges or expenses contemplated by this Act and common to the properties comprised in the first and second Schedules shall in the event of the sale of both properties have and there is hereby conferred on them full authority and discretion to apportion such expenses or charges between the proceeds of the said several properties comprised in such Schedules respectively. 18. This Act may be cited as the " Bassett-Darley Estates Act." SCHEDULES. THE FIRST SCHEDULE. Azz that piece or parcel of land situate at Big Manly cove county of Cumberland in the Colony of New South Wales Commencing on the eastern side of Big Manly Cove at high-water-mark at a point distant one hundred feet south forty-five degrees west from the south-eastern corner of J. Thompson's one hundred acres grant being bounded on the north-west by the said one hundred feet being the south-eastern boundary of the reserve as set forth in Thompson's grant bearing north forty-five degrees east thence by the south-eastern boundary Thompson's grant on the same bearing nineteen chains to a point distant one hundred feet from high-water-mark on Cabbage-tree Bay thence on the same bearing by the said one hundred feet being in all twenty-two chains to the waters of Cabbage-tree Bay thence on the north-east by the waters of Cabbage-tree Bay eighteen chains to the north-west corner of Cheers's grant thence on the south-east by the north-west boundary of Cheers's grant bearing south forty-five degrees west to the waters of Big Manly Cove And thence on the south-west by the said waters north- westerly to the point of commencement excepting out of the said land a road of one chain wide on the south-east side reserved by Government which said parcel of land was originally granted to Gilbert Baker by deed-poll or grant from the Crown bearing date the first day of January one thousand eight hundred and ten, Al Trusts of purchase money. Trusts of unsold portions of land in first Schedule and of funds on Mrs, Bassett's death, Power to apportion expenses. Short title. 14: 40° VIC. 1877. Bassett-Darley Estates. Also all that piece or parcel of land situate at Big Manly Cove in the county of Cumberland in the said Colony Commencing at the southern corner of Baker's grant Being bounded on the north-west by a line north forty-five degrees east to the waters of the Pacific Ocean thence on the north-east by the said waters south-easterly to the north-west corner of land granted for a Roman Catholic Episcopal residence thence on the south-east by the said grant being a line bearing south twenty degrees east forty-one chains fifty links to the waters of North Harbour and thence on the south and west by the said waters to the point of commencement which said parcel of land was originally granted to Richard Cheers by deed-poll or grant from the Crown bearing date the first day of January one thousand eight hundred and ten. Also all that piece or parcel of land situate in the parish of Manly Cove county of Cumberland in the Colony of New South Wales Commencing on the bank of Curl Curl Creek at a point distant about ten chains north-westerly from the Government road crossing the said creck Being bounded on the west by a line bearing south sixty- five chains on the south by a line bearing east sixty-five chains on the east by a linc bearing north forty-five chains to Curl Curl Creek and thence on the north by Curl Curl Creck to the point of commencement which said parcel of land was originally granted to the testator Darcy Wentworth by deed-poll or grant from the Crown bearing date the twenty-fifth day of July one thousand eight hundred and eighteen. Also all that piece or parcel of land situate in the parish of Manly Cove county of Cumberland in the Colony of New South Wales Commencing on the shore of the South Pacific Ocean Being bounded on the south-west bya line bearing west thirty-five degrees north to the north-east corner of Jones's grant thence on the north-west by a line bearing north thirty-five degrees east twenty chains thence on the north-east by a line bearing cast thirty-five degrees south twenty-eight chains and thence on the south-east by a line bearing south thirty-five degrees west four chains to the waters of the South Pacific and by the said waters south-westerly to the point of commencement which said parcel of land was originally granted to Thomas Bruin by deed-poll or grant . from the Crown bearing date the twenty-fifth day of July one thousand eight hundred and cighteen. Also all that piece or parcel of land situate in the parish of Narrabeen county of Cumberland in the Colony of New South Wales Commencing at a small creek falling into the South Pacific Ocean being bounded on the north by the said creek and a line bearing west ten degrces south to Pitt Water thence on part of the west north and north-west by Pitt Water and a small creek to the north-western corner of McIntosh's grant thence on part of the south by the northern boundary of said grant bearing easterly five chains to the north-eastern corner thereof thence on the north-west by the south-eastern boun- daries of McIntosh and Hughes' grants bearing south thirty degrees west fifty-eight chains thence on the south-west by the north-eastern boundaries of Hughes' grant a Government road part of Collins' and also by Rowan's and Jenkins' grants bearing east thirty degrees south to the waters of the South Pacific Ocean And thence on the east by the said ocean to the point of commencement which said parcel of land was originally granted to Robert Campbell by deed-poll or grant from the Crown bearing date the thirty-first day of August one thousand eight hundred and nineteen. Also all that piece or parcel of land situate in the parish of Narrabeen county of Cumberland in the Colony of New South Wales Commencing at the north-western corner of J. J. Therry's two hundred and eighty acres grant on the east side of Carecl Bay being bounded on the west by that bay and Pitt Water bearing northerly to Broken Bay thence on the north by the waters of the headland of Broken Bay to Barranjuie or the south head of Broken Bay thence on the east by the South Pacitie Ocean southerly to the north-castern corner of Therry's grant aforesaid and thence on the south by the northern boundary of the said grant being a line bearing west twenty degrees south twenty-cight chains to the point of commencement which said parcel of land was originally granted to James Napper by deed-poll or grant from the Crown bearing date the sixteenth day of March one thousand cight hundred and sixteen. And also all that piece or parcel of land situate in the parish of Liberty Plains county of Cumberland in the Colony of New South Wales Commencing on the west bank of Duck Creek at a point opposite to the south-west corner of W. Longford's sixty acres grant on Duck River Being bounded on the south by a line west twenty-two chains thence on the west by Blaxcell's grant being a line bearing north onc hundred and thirty-eight chains to Duck Creck thence by that creck to the Parramatta Road and thence on the north by the Parramatta Road commencing at Duck Creck Bridge to Duck River Bridge and on the east by Duck River to the point of commencement which said parcel of land was originally granted to William Lawson and William Charles Wentworth by decd-poll or grant from the Crown bearing date the twenty-ninth day of January one thousand eight hundred and forty. SECOND 1877. 40° VIC. Bassett-Darley Estates. SECOND SCHEDULE. Atm those two thousand acres of land lying and situate in the district of Tlawarra and county of Camden bounded on the north by part of Wentworth's Farm of one thousand six hundred and fifty acres bearing west south fifty-one chains and a west line of one hundred and forty chains bounding part of Wentworth Gore's farm of one thousand five hundred acres on the west by a 'south line of sixty-two chains on the south by an east line to the sca and on all other sides by the sea which said parcel of land was originally granted to the testator Darey Wentworth by deed-poll or grant from the Crown bearing date the third day of September one thousand eight hundr ed and twenty-one, "Also all those one thousand five hundred acres lying and situate in the district of Tilawarra bounded on the south-west by Terry's farm bearing south thirty-five degrees cast sixty-two chains on the south by an cast line of two hundred and cighty- four chains on the east. by a north line of fifty-one chains to Darcey Wentworth's farm and on the north side by Wentworth Milham Horsley and William Wentworth's farms which said parcel of land was originally granted to the testator Darey Wentworth by deed-poll or grant from the Crown bearing date the ninth day of January one thousand cight hundred and twenty-one. Also all those one thousand six hundred and fifty acres of Jand lying and situate in the district of Tlawarra bounded on the north side by Davey' s farm bearing west on the west side by Milchamn's farm bearing south one hundred and fourteen chains on the south hy an cast line to the coast and on the cast by the coast which said parecl of land was originally granted to tho testator Darcy Wentworth by deed-poll or grant from the Crown bearing date the ninth day of January one thousand eight hundred and twenty- one. Also all that piece or parcel of land situate in the district of Tawarra containing one thousand acres bounded on the south-west side by Andrew Allen's farm and cighteon chains of Terry's farm bearing south thirty-five degrees cast on the south by an east line of thirty chains on the east by a north line to a small ereck on the Iawarra Lake and on the north side by the lake and Macquarie River which said parcel of land was originally granted to William Wentworth by deed-poll or grant from the Crown bearing date the ninth day of January one thousand cight hundred and twenty-one. Also all that picce or parcel of land situate in the district of Iawarra containing two thousand acres granted as appears to Thomas Davey bounded on the west and south by Milcham's farm bearing south-east forty-two chains and a continued east linc to the coast and on all other sides by the sea-coast and Tlawarra Lake which said parcel of land was originally granted to Thomas Davey by dced-poll or grant from the Crown bearing date the ninth day of January once thousand eight hundred and twenty-one. "Also all that piece or parcel of land situate in the district of Hawarra granted as appears to John Horsley containing one thousand two hundred acres bounded on the west side by Wentworti's bearing 'south on the south side by an cast line of nincty-cight chains on the cast by a north line to the IMawarra Lake and on the north side by that lake which said parcel was originally granted to John Horsley by deed-poll or grant from the Crown bearing date the ninth day of January one thousand cight hundred and twenty-one. Also all that piece or parcel of land containing seven hundred acres situate in the districts of Mawarra bounded on the west by Horsley's farm bearing south on the south side by an east line of sixty chains on the east by a north line of one hundred and fourteen chains on the north by a west line of forty-two chains a north line to the Hlawwarra Lake and on the north by that lake which said parecl of land was originally granted to James Milcham by deed-poll or grant from the Crown bearing date the ninth day of January one thousand cight hundred and twenty-one. Also all that picee or parcel of land situate in the district of Mawarra containing one thousand acres nore or less bounded on the west by a line bearing south cighty chains commencing from the south-west corner of Darey Wentworth's farm on the south by a line bearing "cast seventy-two chains thence by Minmurra River to the sea-coast on the cast by the sea-coast and on the north by the farm of Darey Wentworth bearing west one hundred and fifty chains to the commencing corner being the land origina ally promised to one William Ralph. Also all that piece or parcel of land containing two thousand acres more or less situated in the district of Mlawarra Commencing at the Minumurra River at the south- east corner of W. Ralph's one thousand aeres grant and bounded on the north by the south boundary of that land bearing west on the cast by the west boundary of W. Ralph's grant aforesaid and by the west boundary of Darey 'Wentworth's two thousand aeres grant bearing north again on the north by part of the south boundary of Wentworth Core's one thousand five hundred acres beari 'ing west on the west by the eastern boundary of Reddall's one thousand two hundred and cighty acres by the castern boundarics of two measured portions of land containing respectively three hundred and tw enty acres and one hundred aeres being a linc bearing south to the south-east corner of the said one hundred acres and a prolongation south of six chains forty-six links to 2 marked tree on the south by a line bearing cast ninety-two chains fifty links to the Minumurra River and on the east by that river to the south-cast corncr of W. Ralph's one thousand acres grant as aforesaid. Algo 40° VIC. 1877. Orange Cattle Sale-yards. Also all those fifty acres of land lying situate and being in the district of Appin in the said Colony ' bounded on the south by Clarke's farm bearing east on the east by the Appin road on the north by a west line of forty-five chains sixty-six links to a chain of ponds to the north-east corner of Broughton's Lachlan Vale Farm and on the west by those ponds which said parcel of land was originally granted to Francis Thompson by deed-poll or grant from the Crown bearing date the seventeenth day of August one thousand eight hundred and nineteen. Also all those fifty acres of land lying situate and being in the said district of Appin bounded on the south by M'Guigan's farm bearing east on the east by the Appin road on the north by a west line to a chain of ponds bounding Broughton's Lachlan Vale Farm and on the west by those ponds being twelve chains in width on a north line which said parcel of land was originally granted to John Clarke by deed-poll or grant from the Crown bearing date the seventeenth day of August one thousand eight hundred and nineteen. And also all those thirty acres of land lying situate and being in the district of Bankstown bounded on the east side by Shaw's farm bearing north thirty chains seventy links on the north side by a west line vf eleven chains on the west by a south line to George's River and on the south by that river which said parcel of land was originally granted to Thomas Moore by deed-poll or grant from the Crown bearing date the twentieth day of June one thousand eight hundred and sixteen,