New South Wales: Terrace-street Closing Act of 1899 (NSW)

An Act to close and abolish Terrace-street lead- Tekace ing from Flagstaff View street, North Sydney, to and bounded by lands of Tom Burton Dibbs and Edward Ainsworth Gaden (as trustees), and to vest the sa id Terraee-strect in the said Tom Burton Dibbs and Edward Ainsworth Gaden(as such trustees), [1st December, 1899. ] JIEREAS a certain b ind roadway known as Terrace-strect. o deseribed in the Schedule hereto, and shown by the plan at foot hereof, is bounded along the whole length of its two sides and at one end by the lands shown on the said plan, which are vested in the said 'Tom Burton Dibbs and Ex ward Ainsworth Gaden, under and upon the trusts of a certain indenture of settlement, dated on or about the sixteenth day of August, one t rousand eight hundred and cighty-seven, and made between Thomas Allwright Dibbs of the one part and the said 'Tom Burton Dibbs and Edward Ainsworth Gaden of the other part: And whereas the said 'lTerrace-street does not lead to and is not. bounded by any property ot Dibbs and Edward Ainsworth the publie: And whereas the Municipal Council of the Borough of ver than that of the said Tom Burton Gaden as aforesaid, and is of no use to North Sydney is willing to consent to the said Terracc-street: being closed and the soil thereof vested in the said Tom Burton Dibbs and Edward Ainsworth Gaden for 24, an estate in fee simple in possession upon and STREET Crostng, Preamble. 14 Act, 1899. Terrace-strect Closing. and subject to the trusts of the said indenture of settlement, upon the said Tom Burton Dibbs and Edward Ainsworth Gaden paying to the said borough council a sum of one hundred and fifty pounds for the benefit and use of the ratepayers of the said Borough of North Sydney, and to be applied and used for the same purposes as those for which the ordinary rates and revenue of the said Borough of North Sydney are applied and used: 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 :-— Vesting of inna aul 1. From and after the commencement of this Act and on the doseritved ns ce payment of the sum of one hundred and fifty pounds by the said * to] e e existing road over. 'Yom Burton Dibhs and Edward Ainsworth Gaden to the Municipal fame: Council of the Borough of North Sydney, it shall be lawful for the said Yoin Burton Dibbs and Edward Ainsworth Gaden to close up the blind roadway known as Terrace-street, described in the Schedule hereto, and shown by the plan at foot hereof, and it shall be further lawful for the said Tom Burton Dibbs and Edward Ainsworth Gaden, as such trustees as aforesaid under the said indenture of settlement, their heirs, exccutors, administrators, and assigns, and for the trustees and trustee for the time being of the said indenture of settlement, and for all persons now or hereafter entitled or beneficially interested under the said indenture of settlement, to have the exclusive use and possession of the said land described in the Schedule hercto, and to prevent all persons from coming or passing along or in any way using the same, and the said last-mentioned land shail upon the payment "of the said sum to the said borough council as aforesaid become, remain, and be vested in the said Tom Burton Dibbs and Edward Ainsworth Gaden as such trustees as aforesaid, and in their heirs, executors, adininis- trators, and assigns, for an estate In fee-simple in possession but subject to the trusts of and for the use and benetit of the persons now or hereafter to be entitled under the said indenture of settlement, and free from all rights, easements, and privileges of any person or body corporate then previously existing or claiming in, over, upon, or in respect of the said land. General issue niwy 2. f any action or suit or other legal proceeding shall he proceeding. instituted, issued, or taken by any person or body corporate 'against the said Tom Burton Dibbs and Edward Ainsworth Gaden, or either of them, or the trustees or trustee for the time being of the said indenture of settlement, or any person now or hereafter claiming or entitled thereunder (after the payment of the said sum of one hundred and fifty pounds to the said borough council) in respect of the said land deseribed in the Schedule hereto, or of any right, casement, or privilege in respect thereof, or in respect of anything done in the exercise of the powers hereby conferred, it shall be lawful for the said Tom Burton Dibbs Act, 1899. Fisher Trusts Declaratory. Dibbs and Edward Ainsworth Gaden, their successors and assigns, and the said trustces or trustee and persons aforesaid, to plead the general issue, and give this Act in evidence thereunder. 3. This Act may be cited as the "Terrace-strect Closing Act of 1899." THE FOLLOWING IS THE SCHEDULE ABOVE REFERRED 'TO. AM that piece or parcel of land situated in the borough of North Sydney, in the parish of Willoughby, county of Cumberland and Colony of New South Wales, be the hereinafter mentioned several dimensions a little more or less, containing by admeasure- ment seventeen and a quarter perches more or Jess, and comprising the site of 'Terrace- street, aligned on the twenty-sixth day of August, one thousand oight hundred and seventy-eight, Government Gazette, page three thousand fowr hundred and sixty-nine : Commencing at the interscetion of the southern building-line of Vlagstalf View street with the western building-line of Torrace-street ; and bounded thence on the north by part of the southern building-line of Mlagstaff View street bearing eighty-nine dey ninetcen minutes thirty feet ; thence on the cast by the castern building-line of 'Ter strect bearing one hundred and sever y-nine degrees fifty-four minutes one hundred and four feet ten inches ; thence on the south-east by the south-eastern huilding-line of Terrace-strect bowring two hundred and twenty-eight degrees forty-cight minutes thirty- nine feet nine and a 'half inches ; and thenee on the west. by the western building-line fF Terrace-street bearing three hundred and tifty-nine degrees fifty-four niinutes onc hundred and seventy feet eight inches, to the point of commencement, Short title. or PLAN REFERRED TO. ~ N _ NX aS . ao aN _ N rN. | ' . . . — . - » NX . . Np a - _ - Ocale 40 feet ta ligch — mee ON . ; — ¥ are | WILLIAM SAVLSIVT4 MIIA ALMA ST ST