Tamworth Show-ground Act 1899 (NSW)

An Act to authorise the sale of certain Jands tov SHOW-GROUND, held for the use and general purposes of — the Liverpool Plains Pastoral, Agricultural, and Horticultural Association, and the pur- chase of other lands in lieu of the same, for the use of the said association, and to authorise the mortgaging of the lands so purchased, and to provide for the removal and appoint- ment of trustees of certain of the said lands. [Ast December, 1899. ] A 7ILEREAS by deed poll or grant from the Crown bearing date preaume. the thirticth day of June, one thousand cight hundred and eighty, all that piece or parcel of land in the said Colony, containing by admeasurement five acres, be the same more or less, situated in the county of Inglis, parish of Tamworth, town of Tamworth, being allotments one to ten inclusive, of section forty-four: Com- mencing at the western corner of the said section; and bounded thenee on the south-west by Carthage-street south-easterly ten chains ; Act, 1899. Tamworth Show-ground, chains; on the south-east by White-street north-easterly at right angles to Carthage-street five chains to a lane; on the north-cast by that lane westerly parallel with Carthage-street ten chains to Vitzroy-street; and on the north-west by that street south-westerly five chains, to the point of commencement, was thereby granted unto Philip Gidley King, John Gill, and John Kennedy Doyle, their heirs and assigns for ever, upon trust for the purposes of the Liverpool Plains Pastoral, Agricultural, and Horticultural Associa- tion: And it was thereby declared that when and so often as the said Philip Gidley King, John Gill, and John Kennedy Doyle, or any trustee or trustees to be appointed hy virtue thereof, should die, resign, cease to reside in the said Colony, or become incapable of acting in the trusts thereby created, it should be lawful for the Governor for the time being of the said Colony, with the advice of the Executive Council thereof, from time to time by writing under his hand to name and appoint a new trustee or trus ces in the place and stead of any trustee or trustees so dying, resigning, ecasing to reside in the said Colony, or becoming incapable of every such appointment the trust acting in the said trust, and upon property should be transferred, so that the same might be vested in the trustee or trustees for the time being upon the trusts and for the intents and purposes thereinbefore created and declared of and concerning the same: {nd whereas Robert Alfred Orville Gill and Thomas Matthew Newman were on the Thirtieth day of August, one thousand cight hundred and ninety-nine, appointed as trustces of the said land, in place of John Gill, deceased, and John Kennedy Doyle, resigned: And whereas Ienry Stoddart was, on the said last-mentioned date, appointed an additional trustec of the said land: And whereas the said Philip Gidley King, John Gill, and Jolin Kennedy Doyle were registered as proprietors, under the provisions of the Real Property Act, of all that allotment or parcel of land in the said Colony, containing by admeasurement one rood thirty-five perches, be the same more or less, situated in the county of Inglis, parish of Tamworth, and town of Tamworth, being allotment number fifteen of section number forty-four: Commencing on the south-western side of Upper-strect at the eastern corner of William Henry Russ' allotment sixteen; and bounded thence on the north-east by that street south-casterly one chain; on the south- cast by a line south-westerly at right angles to Upper-strect four chains seventy links to a lane; on the south-west by that lane north- westerly parallel with Upper-street one chain; and on the north- west by the south-eastern boundary-line of allotment sixtcen aforesaid north-easterly at right angles to Upper-strect four chains seventy links, to the point of commencement, being the whole of the land contained in Crown grant, dated the twenty-seventh day of March, one thousand cight hundred and seventy-four, registered volume one hundred Act, 1899, Tamworth Show-g -ground. hundred and eighty-two, folio fifty-four : And whereas the said Phili p Gidley King, John Gill, and John Kennedy Doyle, by declaration o trust under their hands and seals, dated the twenty-first day olf December, one thousand cight hundred and cighty-cight, acknowledgec and declar ed that they, their heirs and assigns, did and should stanc seized and possessed of the said piece or parcel of land, lastly herein- before deseribed, upon trust to hold the same for the uses and purposes of the Liverpool Plains Pastoral, Agricultural, and Horticultura Association: And whereas by deed poll or grant from the Crown bearing date the eighteenth day of August, in the year of our Lor¢ one thous: uid eight. rundred and ninety- -nine, all that piece or parce of land in the said Colony, containing by admcasurement one acre three roods twenty perches, be the same more or less, situated in the county of Inglis, parish of Tamworth, being allotments eleven, twelve, thirteen, and fourtecn of section forty-four, town of Tamworth : Commencing at the most eastern corner of allotment fifteen of scetion forty-four, William Henry Russ' onc rood thirty-five perches; and hounded thence on the north-east by part of Upper- street, being a line bearing south forty-cight degrees cast four chains to White-strect on the south-east by part of White-strect, being a line bearing south forty-two degrees west four chains seventy links to a lane thirty links wide; on the south-west by part of that lane, being a line bearing north forty-cight degrees west four chains to the southern corner of allot- ment fifteen first mentioned; and thence by the south-cast side of that allotment bearing north forty-two degrees east four chains seventy links, to the point of commencement, was thereby granted to Philip Gidley King, Robert Alfred Orville Gill, Thomas Matthew Newman, and Llenry Stoddart, their heirs and assigns for ever upon trust for the purposes of the Liverpool Plains Pastoral, Agricultural, and ILorticul- tural Association: And whereas the said lands are now unsuitable for the purposes of the said association, and it is expedient that the respective trustees of the lands hereinbefore described should have power to sell the same respectively, and that the proceeds of such sale or sales should be applied in or towards the purchase of lands in the town or in the vicinity of the town of 'Tamworth aforesaid, to be held by the said trustees for the like purposes and in or towards effecting necessary iinprovements on the lands so to be purchased as aforesaid, and that the said trustees should have power to mortgage the lands so to be purchased as aforesaid, as herein provided: Be it therefore enacted by the Queen's Most Execllent Majesty, by and with the ane and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assemble d, and by the authority of the same, as follows: 1. Philip Gidley "King, John Kennedy Doyle, and their heirs Estate in purchased and assigns, and the heirs and assiens of John Gill, deceased, are land vested in certain trustees. hereby Trustees may sell. Trustces may give credit. Application of proceeds of sale. Trustees may mortgage, Act, 1899. ~ Pamworth Show-y ground. hereby divested of their estate in the allotment or pareel of land con- taining one rood thirty-five perches, and more particularly described above, and of all trusts in and concerning the same; and an estate in fee simple in the said land is hereby vested in the said Philip Gidley King, and in Robert Alfred Orville Gill, Thomas Matthew Newman, and Ienry Stoddart, their heirs and assigns, for ever upon trust for the purposes of the Liverpool Plains Pastoral, Agricultural, and Iforticultural Association. . 2. It shall he lawful for the trustees (which expression shall mean and include the respective trustees for the time being of all the lands respeetively hereinbefore described) to sell and dispose of the same by public auction or private contract, and cither in one lot or several lots, and either at one time or at different times, and upon such terms and conditions as they may deem expedient, for such price as can be reasonably obtained for the same, with power to buy in at any sale, and to rescind or vary any contract for sale, and to resell without being responsible for any loss occasioned by such rescission and resale and to transfer and assure the same to the purchaser or purchasers thereof, and the land so transferred and assured shall vest in the pur- chaser or purchasers freed and discharged from any trust under the hereinbefore recited Crown grants and this Act affecting the same respectively, and the receipt in writing of the said trustees shall he a sufficient discharge to a purchaser of the said land or any portion thereof, and exonerate him from seeing to the application of the moneys paid by him, and from all liability in respect of any misapplication or non-application thereof, 8. It shall be lawful for the trustees to allow any purchaser eredit for the payment of the whole or any part of the purchase moncy upon such terms as to interest or otherwise as the trustees may deem reasonable and expedient. 4. The trustees shall stand possessed of the moneys arising from such sale upon trust, to apply the same in and towards the purchase of other land in the town or in the vicinity of the town of Tamworth aforesaid, upon such terms and conditions and for such price or prices as to the trustecs shall seem fit, and in and towards the erection of all necessary improvements thereon, and shall be held by the trustees for the use and general purposes of the Liverpool Plains Pastoral, Agricultural, and Horticultural Association, with the same powers and subject to the same limitations as they now hold the lands hereinbefore described. 5. The trustees for the time being of the land purchased under the powers conferred hy section three of this Act are hereby empowered from time to time, with the consent of the Sccretary for Lands, to execute any mortgage of the said land, or any part or parts thercof, freed and discharged from any trust affecting the same, for the purpose of Act, 1899. Lerrace-street Closing. of erecting necessary improvements thereon; and the receipt of sue trustees shall boa sufficient: discharge to any person or persons hona-fid advancing money upon mortgage of the said land, and shall exoncrat any such person or persons from secing to the application of suc money, and from all liability in respect of any misapplication or non- application thereof. 6. The Governor, with the advice of the Executive Council, =- 3 shall, as to the removal and appointment of trustees of the land or lands purchased under the provisions of section three of this Act, and as to the making of rules and regulations in respect thereof, have all the powers conferred upon him by the Crown Lands Act of 1884, oF Governor may appoint. and remove trustees and make regulations. and the Public Trusts Act, 1897, in respect of lands dedicated for public purposes. 7. This Act may be cited as the "Tamworth Show-ground short title. Act, 1899."