New South Wales: Crisp's Enabling Act of 1887 50 Vic (NSW)

50° VIC. 1887. Crisp's Enabling. Case's Esasuxe. A) Act to empower the administratrix and Preamble. administrators of the estate of the late Amos Crisp the elder to manage and carry on the station properties of the said Amos Crisp the elder deceased with power to purchase and improve lands and pur- chase stock and for such purposes to borrow money by mortgage of such lands and stock and all other the lands and stock of and belonging to the said estate such powers to be exercised until the coming of age of the youngest child of the said Amos Crisp the elder deceased. [18th May, 1887. | HEREAS Amos Crisp the elder late of Jimenbuen near Cooma in the district of Monaro in the Colony of New South Wales grazier deceased died on or about the fourth day of July one thousand eight hundred and cighty-one intestate being seised of certain lands situated in Cooma aforesaid and certain freehold and conditionally pur- chased lands situated on the Jimenbuen and Ironmongie stations or runs in the district of Monaro aforesaid and possessed of the said stations or runs called Jimenbuen and Ironmongie Minor as pastoral tenant of the Crown and of the stock depasturing thereon and leaving him surviving his widow Elizabeth Crisp and his children Amos Crisp and John Crisp Elizabeth Ann Woodhouse the wife of Charles Woodhouse Frances Mary Crawford the wife of Robert Crawford Sarah Maria O' Hare widow Eliza Jane Crisp William Crisp David Crisp Edward Crisp Charles Crisp George Crisp and Grace Susan Crisp being the only persons entitled to share in the distribution of his estate And whereas letters of adminis- tration of the lands estate and effects of the said Amos Crisp the elder deceased were on the first day of November one thousand eight hundred and eighty-two granted by the Supreme Court of New South Wales in its ecclesiastical jurisdiction to the said Elizabeth Crisp Amos Crisp and John Crisp the widow and two eldest sons of the said deceased And whereas at the time of his death the said Amos Crisp the elder deceased was indebted to the Commercial Banking Company of Sydney in the sum of nine thousand nine hundred and thirty pounds one shilling and twopence secured by mortgages over certain of his lands stations and stock And whereas the said Eliza Jane Crisp deceased died on or about the twentieth day of March one thousand eight hundred and eighty-four intestate and without having marricd And whereas the said Grace Susan Crisp the youngest child of the said Amos Crisp deceased will not attain the age of twenty-one years until the twentieth day of December one thousand eight hundred and _ninety-three And whereas on the eighteenth day of December one thousand eight hundred and cighty- four on the application of the said Elizabeth Crisp Amos Crisp and John Crisp it was by the Supreme Court of New South Wales in its ecclesiastical jurisdiction ordered that the said Elizabeth Crisp Amos Crisp and John Crisp should have full power to sell and convey the real estate of the said Amos Crisp the elder deceased and 1887. 50' VIC. Crisp's Enabling. and give receipts for the purchase moneys thereof And whereas pursuant to such order certain lands in Cooma aforesaid were sold and conveyed and the said indebtedness to the said Commercial Banking Company of Sydney thereby and by other means reduced and the said debt now stands reduced to four thousand two hundred and forty-five pounds seven shillings and sixpence And whereas owing to the late droughts and consequent depreciation of stock and wool the income from the said station property of the said Amos Crisp the elder deceased has not been sufficient to pay off the said debt and to properly carry on the said runs And whereas from the like causes and from the fact that a large portion of the runs aforesaid was and is unsecured it is impossible at the present time to sell the said property for a price fairly representing the valuc thercof And whereas the said administratrix and administrators have no power without the authority of Parliament to manage and carry on the said stations and no power to borrow moneys for such purpose And whereas it is expedient and to the advantage 'ol all persons interested in the said estate that the debt still remaining due and owing to the said Commercial Banking Company of Sy dney should be paid off and the administratrix and administrators empowered to manage and carry on the said stations and for such purpose to borrow moneys on the security of the lands and stock of the said estate and to purchase and improve lands and to purchase stock Be it therefore enacted by the Queen's Most Excel- lent 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. The words the said administrators whenever hercinafter used shall extend to and include not only the said Elizabeth Crisp Amos Crisp and John Crisp but the survivors and survivor of them and any administrator de bonis non of the said estate lands goods chattels credits and effects of the said Amos Crisp the elder deceased who may hereafter be appointed by the Supreme Court of New South Wales in its ecclesiastical jurisdiction. 2. It shall be lawful for the said administrators from time to time to manage conduct and carry on the business of the late Amos Crisp the elder deceased as a sheep and cattle farmer and grazier in connection with the stations or runs mentioned in the Schedule hereto and to purchase shecp cattle and horses therefor and sell the same in the usual course of station business and to purchase and improve lands on the said runs and pay the interest on the balances due to the Government for the purchases of lands already or to be hereafter purchased on such runs in the same manner in all respects as if they were the sole beneficial owners of the said stations without being liable for any losses arising otherwise than from their wilful neglect and default and also from time to time for the purpose of raising any sum or sums of money which in their opinion it may be necessary or desir- able to borrow either for the purposes of such management as aforesaid or for the purpose of paying the debts of the said Amos Crisp the elder deceased to executeany mortgage or mortgages infec over all or any of the lands purchased or conditionally purchased by the said Amos Crisp the elder deceased on the said stations and runs described in the Schedule hereto or purchased thereon by the said administrators under the powers for that purpose herein contained and to execute and give security over the leasehold lands sheep cattle and horses now depasturing or hereafter to be depastured on the said stations or runs or either of them with power of sale and all other usual powers provisions and covenants and to give in favour of the person or persons body or bodies corporate advancing moneys on such security as aforesaid 'preferable liens in each year over the wool to be shorn from the sheep from time to Interpretation clause, Lower to manage. Cease of powers. Short title. 30° VIC. 1887. Crisp's Enabling. to time depasturing on the said stations or runs or either of them Provided that no person or persons body or bodies corporate who shall advance moneys upon the security of any mortgage or other security purporting to be made under the powers hereby given shall be bound to enquire as to the necessity advisability or propriety of the raising of such moneys or as to the application of such moneys when advanced and the receipt of the said administrators for any moneys so advanced shall effectually discharge the person or persons body or bodies corporate advancing the same from any liability in. respect of the mis-application or non-application thereof. 38. 'The powers conferred upon the administrators by this Act shall cease and determine on the twentieth day of December one thousand eight hundred and ninety-three. 4, This Act may be cited as " Crisp's Enabling Act of 1887." THE SCHEDULE. All that station or run called or known by the name of Jimenbuen situate lying and being in the district of Monaro in the Colony of New South Wales. Also all that station or run called or known by the name of Ironmongie Minor situate lying aud being in the district of Monaro in the Colony of New South Wales.