New South Wales: Foster's Trustees Act 1842 6 Vic (NSW)

Fosrex's Tavsrers, Any Act to enable the Trustees for the time being of the Will of Samuel Foster late of Birming- ham gentleman deceased to grant Leases of Land in the Colony of New South Wales. [7th September, 1842. ] Preamble. ILEREAS Samuel Foster late of Birmingham in the kingdom of England gentleman deceased duly made signed and pub- lished his last will and testament in writing bearing date the twentieth day of March one thousand eight hundred and nineteen and thereby devised all his real estate in the Colony of New South Wales to trustecs therein named and their heirs upon certain trusts therein particularly mentioned and set forth and whereas there is no power contained in the said will enabling the said trustees to grant leases and whereas it will be greatly for the benefit of all parties interested in the said trust estates if the trustecs or trustee for the time being of the said will are empowered to grant building and other leases of the said hereditaments which cannot be cffected without the aid and Téustees of the will WUthority of the Legislature Be it therefore enacted by His Excellency Fonte cmpowened 4) the Governor of New South Wales with the advice of the Legislative grant leases. Council thereof That from and after the passing of this Act it shall and may be lawful for the trustees or trustee for the time being of the will of the said Samuel Foster by any deed or deeds instrument or instru- ments in writing to demise and lease the said lands and other heredita- ments devised by the said will or any part or parts thereof to any person or persons for any number of years not exceeding twenty-one years to take effect in possession and not in reversion at rack-rent without taking any premium or foregift for the same and so that the lessee execute counterparts thereof respectively thereby covenanting for the due payment of the rents and be not made dispunishable for waste. Trustees may 2. And be it enacted That it shall and may be lawful to and Bee vine lesaow for the said trustees or trustce for the time being of the said will by ° any deed or decds writing or writings to demise or Icase all or any part or parts of the said lands and hereditaments devised by the said will to any person or persons who shall or may improve the same or covenant and agrec to improve the same by erecting and building thereon 1842. 6° VIC. Fost: ers Tr ustecs. thereon any new housc or hou ses erections or buildings or to rebuild or repair any of the messuages tenements erections or buildings whatsoever which now are or I hereafter shall be erected or stand on the same hereditaments or any part thereof or to expend such sum or sums of money on the improvements thercof respectively as shall be thought adequate to the intere st therein respectively to be departed with for any term or number of years not excecding twenty-one years to take effect in possession and not in reversion or in the way of future interest and so that i reserved the best and most im the lessee or lessees execute a n every such demise or lease there be roved yearly rent or rents and so that counterpart or counterparts thereof and thereby covenant for the payment of the rent to be thereby reserved. 3. Provided always anc contained shall be construed title privilege immunity or in be it enacted That nothing i in this Act or taken to affect or apply | to any right erest. of ILer Majesty Mer Heirs and Successors or of any body or bodics politic or corporate or of any other person or persons except such claiming by or under him her 4. And he it enacted T effect until the same shall have reecived t the notification of such appro South 5. And be it enacted T Wales Government Gazette by ord Governor for the time being of the said Co as are mentioned therein or of those or them. iat this Act shall not commence or take ne Royal approbation and 1ave been made in the New cr of [lis Excellency the ony las soon as this Act shall vation shall | rat when anc have reecived the Royal approbation and the notification thereof shall have been made as aforesaid t he a public Act and shall be ju Judges of the Supreme Court Judges Justices and others within the Co and its dependencics without rc same shall be deemed and taken to udicially taken notice of as such by the of New South Wales and by all other ony of New South Wales ly pleaded. being specia ANNO Nothing in this Act contained to affect any right &e. of Her Majesty or any corporation, This Act to take effeet when it shall have reecived the Royal approbation. Then this Act to he deemed a public Act.