WHEREAS, by a certain indenture dated the twentieth day of July, one thousand eight hundred and forty-three, and made between John Hill of the first part, Jacob Hagen of the second part, John Hart of the third part, and George Marten of the fourth part, after reciting as therein is recited, it was witnessed that, for the considerations therein mentioned, he, the said Jacob Hagen, at the request and by the direction of the said John Hill, testified as therein mentioned, did, by the now-reciting deed, and in exercise of a certain power of appointment to him given by a certain indenture therein referred to, and all other powers and authorities enabling him in that behalf, appoint that the section of land, or portion of the section of land thereinafter and hereinafter more particularly described and intended to be thereby conveyed should thenceforth go, remain, and be to the uses thereinafter declared; and it was further witnessed that the said Jacob Hagen, according to his estate in the hereditaments thereinafter and next hereinafter described, and by such direction and request as aforesaid, testified as aforesaid, did grant, bargain, sell, assign, alien, and release, and the said John Hill did grant, bargain, sell, alien, release, ratify, and confirm unto the said John Hart and his heirs, all that section of land in the Province of South Australia, containing one hundred and thirty-four acres, and numbered 2112 in the Provincial Survey marked with the letter B; as the same was described in the plan in the margin of the indenture now in recital, save and except the one acre thereof, and the one half acre thereof,

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therein colored red, to hold the same unto the said John Hart and his heirs, to the uses following, that is to say - to such uses, upon such trusts, and for such intents and purposes, and charged and chargeable in such manner and form, as the said John Hart should at any time, or from time to time, by any deed or deeds direct or appoint, and in default of such direction or appointment, to the use of the said John Hart and his assigns during his life, sans waste, with a limitation to the use of the said George Marten, his executors and administrators, during the life of the said John Hart, for the only benefit of the said John Hart and his assigns, with remainder to the use of the heirs and assigns of the said John Hart for ever: And whereas the said recited indenture was signed, sealed, and delivered by the said Jacob Hagen, not in person, but by Edward Hagen, of London, merchant, the attorney of the said Jacob Hagen in that behalf duly constituted, by virtue of a certain letter of attorney dated the seventeenth day of January, in the year of our Lord one thousand eight hundred and forty-three, under the hand and seal of the said Jacob Hagen, but which said letter of attorney has been or is supposed to have been lost in England, and doubts have arisen as to the sufficiency of the evidence in the Province of such loss to admit a notarial copy of the said letter of attorney as secondary evidence: And whereas, by a certain indenture dated the eighth day of May, in the year of our Lord one thousand eight hundred and fifty, and made between the said John Hart of the first part, the said John Hart and Jacob Hagen, and John Bentham Neales, Robert Forsyth Macgeorge, Joseph Barrow Montefiore, Robert Stuckey, Thomas Henry Williams, Gregory Seale Walters, Emanuel Solomon, William Paxton, and William Henry Clark, all therein described of the second part, and William James of the third part, after reciting the hereinbefore recited indenture of the twentieth day of July, one thousand eight hundred and forty -three, all that the said section numbered 2112, except as aforesaid, and except six acres at the north-west extremity of the said section, was conveyed and assured unto the said William James and his heirs, to the use of the said parties to the indenture now in recital of the second part, in the shares and proportions therein mentioned: And whereas, by a certain indenture dated the twenty-first day of June, one thousand eight hundred and fifty, and made between the said John Hart, Jacob Hagen, John Bentham Neales, Robert Forsyth Macgeorge, Joseph Barrow Montefiore, Robert Stuckey, Thomas Henry Williams, Gregory Seale Walters, Emanuel Solomon, William Paxton, and William Henry Clark of the first part, the said William James of the second part, and the said John Hart and John Bentham Neales of the third part, reciting the lastly hereinbefore recited indenture, and reciting that it had been agreed between the said parties of the first part, to join in a system of selling and leasing the said land and hereditaments for their mutual benefit, and for that purpose that the said section should be conveyed to or vested in the parties thereto of the third part upon the trusts thereinafter contained, it was witnessed that in pursuance of the said agreement, and for the

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nominal consideration therein mentioned to be paid to them by the said William James, the said several parties thereto of the first part, did grant, bargain, sell, and release unto the said William James and his heirs all that the said section, with the appurtenances mentioned in the lastly hereinbefore recited indenture, save and except the one acre and one half-acre, and also save and except the said six acres with the appurtenances, to hold unto the said William James and his heirs, to the use of the said John Hart and John Bentham Neales their heirs and assigns for ever, nevertheless for the uses, upon the trusts, and subject to the declarations and agreements thereinafter contained; and it was further witnessed, that in further pursuance of the said agreements the said several persons parties thereto of the first part, for themselves and each of them respectively for himself and for his and their several and respective heirs, executors, administrators, and assigns, did covenant, promise, declare, and agree to and with the other and others of them, their and each and every of their heirs, executors, administrators, and assigns, in manner in the now reciting indenture aftermentioned, that is to say - That it should be lawful for the said John Hart and John Bentham Neales, as such trustees as aforesaid, and for the trustees for the time being to be appointed by virtue of the power and authority in that behalf thereinafter contained, when and so often as it should to a majority in number of the parties to the now reciting indenture, proprietors of the said section of land, or to a majority of the survivors of them present in person or by their agents, for that purpose especially authorized under seal, at any meeting to be convened in manner in the now reciting indenture alter specified and provided, seem desirable, and such majority should signify their consent thereto in writing, to sell all or any portion or portions by public auction or private contract, or partly by public auction and partly by private contract, of the said section of land, and execute a conveyance or conveyances thereof to the purchaser or purchasers, upon such terms and subject to suck conditions as the said majority of proprietors should from time to time specify and direct, and to receive the purchase-money payable in respect of such sale or sales, and in the indenture now in part recital was contained a declaration that the receipts in writing of the trustees or trustee for the time being for any money payable to them or him under or by virtue of the now reciting indenture should be good and valid discharges, and that purchasers should not be answerable for loss, or be bound to see to the application of the money in such receipts, respectively acknowledged to be received; and it is in and by the now in part reciting indenture declared, that no sale as aforesaid should be made upon credit extending beyond the continuance of the present covenant or agreement, without the sanction and consent of a majority of proprietors, in number and value, present at a meeting, to be convened in manner in the said indenture alter specified; and it is also provided, that the said trustees should have authority to lease the said section, or any portion thereof; also a proviso that at every meeting of proprietors, to be convened in manner thereinafter mentioned, for the said John

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Hart, John Bentham Neales, or other the trustees or trustee for the time being, to produce a full and particular account of all moneys to come to their hands, and power to a majority of proprietors present, to appropriate the same in the manner therein provided ; and it further provided, that if, at the expiration of five years from the date of the now reciting indenture, or before the expiration of that time, if a majority of two-thirds of survivors of the said proprietors in number and two-thirds of survivors in value should deem it desirable, the present covenant or agreement should be brought to a close; and also a proviso as to the sale of the then unsold portions of the said section, in the manner therein more particularly mentioned; and the said indenture also contains a further proviso as to the application of the fund to arise from such final sale, and that meetings of the proprietors, for the purpose of effecting the objects of the now reciting indenture, should be held in Adelaide, or within ten miles thereof, and that all meetings of proprietors should be convened by notice in writing, signed by one or more proprietor or proprietors, or by some person authorized by the body of proprietors addressed to the proprietors residing in South Australia, and sent by post, at least one week before the day of meeting, and in such notice should be specified the time and place of the intended meeting; and further, that none but parties to the now reciting indenture of the first part, should, during the continuance of the present covenant, have the privilege of voting at meetings held in pursuance of the now reciting indenture, the intention thereof being, that neither the heirs, executors, administrators or assigns of any of the said parties should have any control over, or voice in the management and conduct of, the said concern; and the said indenture also contains a proviso for the appointment of new trustees in the events therein mentioned, and for vesting the trust property in new trustees as therein also mentioned, with an usual indemnity to the trustees for any loss; and in the said indenture is also contained a proviso authorizing the parties to the now reciting indenture, or a majority of them, at a particular time and place therein specified and referred to, to reserve any portion or portions of the said section for streets or roads, and in the event of such reservation the final sale should be made subject to such reservation : And whereas, by deed poll, under the hands and seals of the said Jacob Hagen, Robert Forsyth Macgeorge, Emanuel Solomon, John Hart, Gregory Scale Walters, and Joseph Barrow Montefiore, reciting the said indenture of the twenty-first day of June, one thousand eight hundred and fifty, and also, that, at a meeting duly convened whereat the parties to the deed poll now in recital being a majority in number of the parties to the before recited indenture, proprietors of the said section, were present in person, it seemed desirable to them, and they did specify and direct that the said John Hart and John Bentham Neales should be authorized to sub-divide into allotments, and to sell by public auction, or by private contract, as occasion should offer, all, or any part or parts of that portion of the said section of land, which is included in and shewn by the map or plan thereof, which has since been

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enrolled in the General Registry Office of South Australia (that is to say on the twenty-ninth day of November, one thousand eight hundred and fifty), for such sum or sums of money, upon such terms and subject to such conditions as the circumstances of each case should appear to the said John Hart and John Bentham Neales to require, and as to them should seem fit, it was made known that the parties to the now reciting deed poll as such majority of proprietors as aforesaid did, by that writing under their hands, testify that they did authorise and direct the sale of the said land as aforesaid, and did signify their consent to all sales the said John Hart and John Bentham Neales had hitherto made and should thereafter make of any part or parts of that portion of the said section of land as is included in and shown by the said enrolled plan; and they did also thereby signify their assent to all conveyances thereof which they had already executed or should thereafter execute, and to the terms and conditions upon which such sales and conveyances should have been or should thereafter be made and executed: And whereas the said John Hart and John Bentham Neales, in pursuance and exercise of the aforesaid trusts, have sold and conveyed to divers persons different parts of the said land and hereditaments, and have also entered into contracts with divers other persons for the sale and future conveyance of other parts of the same lands and hereditaments, and the parties interested in such parts of the said section, as are neither sold and conveyed, nor contracted to be sold, are desirous of selling such last mentioned parts: And whereas, by reason of the loss of the said letter of attorney, and the intricate nature of the trusts impressed upon the said land and hereditaments, the trouble and expense of exhibiting a strictly marketable title to the said lands and hereditaments are considerably increased, and the facility of conveyance impaired; and whereas it is expedient and just that the titles of persons who have so taken conveyances of parts of the said lands should be made perfect, and that the difficulties and obstructions aforesaid, as respects such part of the said land and hereditaments as is not conveyed away by the said John Hart and John Bentham Neales, be remedied, but those ends cannot be attained without legislative enactment:

Be it therefore Enacted, by the Lieutenant-Governor of South Australia, with the advice and consent of the Legislative Council thereof, That the said recited indenture of the twentieth day of July, in the year of our Lord one thousand eight hundred and forty-three, shall be as valid and effectual, for the purpose of appointing, conveying, and assuring the hereditaments therein mentioned and described in the manner therein expressed, as if the same indenture had been duly signed, sealed, and delivered by the said Jacob Hagen in his own proper person, in the presence of and attested by two credible witnesses, and that the same indenture shall be received and taken as having been so signed, sealed, delivered, and attested as last aforesaid, in all Courts of Law and Equity, and upon all other occasions whatsoever.

Indenture of 20th July, 1843, to be as effectual as if duly executed in person instead of by attorney

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2. And be it further Enacted, That every conveyance heretofore made and executed by the said John Hart and John Bentham Neales of any part of the said section comprised in the before recited indenture or deed of trust of the twenty-first day of June, one thousand eight hundred and fifty, and every conveyance hereafter to be made and executed by them, or the survivor of them, his heirs or assigns, of any part of the same section contracted by them to be sold before the passing of this Act, shall, as between the said John Hart, Jacob Hagen, John Bentham Neales, Robert Forsyth Macgeorge, Joseph Barrow Montefiore, Robert Stuckey, Thomas Henry Williams, Gregory Scale Walters, Emanuel Solomon, William Paxton, and William Henry Clark, their respective heirs, executors, administrators, and assigns, and every person claiming by, through, under, or in trust for them, or any or either of them, and the person or persons who have been or shall hereafter be named in any such conveyance as the purchaser or purchasers, and their and his heirs and assigns, have the effect of vesting the hereditaments described or to be described in every such conveyance in the respective purchasers thereof, his, her, or their heirs and assigns, freed and absolutely acquitted, exonerated and discharged of and from all and singular the trusts, provisoes, declarations and agreements whatsoever, in and by the said recited indentures of the twenty-first day of June, one thousand eight hundred and fifty, and the said recited deed poll of the twenty-third day of October, one thousand eight hundred and fifty-one, or either of them, limited, expressed, declared, or contained, of or concerning the same respectively, or any part or parts thereof, and in the manner and form limited or to be limited in every such conveyance respectively, in as full and ample a manner, both at law and in equity, as such respective conveyances would have or would have had if the said John Hart and John Bentham Neales had, at the respective times of executing such conveyances, been or were seised of the hereditaments described, or to be described, in every such conveyance aforesaid, to their own absolute use and benefit: Provided always, that as respects such of the said conveyances as shall be or expressed to be made and executed for completing contracts for the sale of any part or parts of the said section, entered into before the passing of this Act, the recital in any such conveyance that the contract for the sale of the hereditaments thereby respectively conveyed was made by the said John Hart and John Bentham Neales before the passing of this Act, shall, for all the purposes, and on all occasions, be conclusive evidence of that fact.

3. And be it further Enacted, That all such parts of the said section as appear in and by the map or plan hereto annexed, and being Schedule C, to be appropriated and set apart as roads, streets, or places, shall, and the same are hereby declared to be dedicated to the public as highways.

4. And be it further Enacted, That from and immediately after

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the passing of this Act, all that and those the lands and hereditaments (being part and parcel or parts and parcels of the said section) delineated in the plan marked with the letter C, and specified in the schedule marked with the letter A, hereunder respectively drawn and written, with their and every of their rights, members, and appurtenances, shall be vested in and settled upon, and the same are absolutely vested in and settled upon John Bentham Neales, John Hart, and Jacob Hagen, all of Adelaide, in the Province aforesaid, Esquires, their heirs and assigns, to the use of the said John Bentham Neales, John Hart, and Jacob Hagen, their heirs and assigns for ever, freed and absolutely acquitted, exonerated and discharged of and from all and singular the trusts, provisoes, declarations, and agreements whatsoever, in and by the said recited indentures of the twenty-first day of June, one thousand eight hundred and fifty, and the said recited deed poll of the twenty-third day of October, one thousand eight hundred and fifty-one, or either of them, limited, expressed, declared, or contained, of or concerning the same respectively, or any part or parts thereof, but nevertheless in trust that they the said John Bentham Neales, John Hart, and Jacob Hagen, and the survivors and survivor of them, and the heirs and assigns of such survivor, do and shall from time to time, at their discretion, make sale and dispose of and convey the said lands and hereditaments hereby settled and vested as aforesaid, or any part or parts thereof, either together or in parcels, and either by public auction or private contract, unto any person or persons who shall be willing to become the purchaser or purchasers thereof for such sum or sums of money as they, or the survivors or survivor of them, his heirs or assigns, shall think reasonable, and to give time for (either with or without security) the payment of such purchase-money, and upon payment to them, or the survivors or survivor of them, of the purchase-money for which the said hereditaments or any part or parts thereof shall be so sold, do, and shall convey the same hereditaments so to be sold and disposed of as aforesaid, unto and to the use of the purchaser or purchasers thereof, his, her, or their heirs or assigns, or as he, she, or they shall direct or appoint; and for the purposes of such sale and the convenience of purchasers upon further trust, they, the said John Bentham Neales, John Hart, and Jacob Hagen, and the survivors and survivor of them, his heirs and assigns, do and shall from time to time, as they or he may think fit, set apart and appropriate such portion of the said lands and hereditaments, described and comprised in the said Schedule marked A, as they or he shall consider most eligible as and for roads, streets, and other easements, and do and shall therefore dedicate such roads, streets, and easements to the public, or, in the discretion of the said John Bentham Neales, John Hart, and Jacob Hagen, or the survivors or survivor of them, his heirs and assigns, grant to the purchasers of any lot or lots of the last-mentioned land and hereditaments and others, such rights, privileges, and easements in, upon, and over the portion of the said last-mentioned lands and hereditaments so setapart and appropriated as aforesaid, as they, the said John Bentham

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Neales, John Hart, and Jacob Hagen, or the survivors or survivor of them, his heirs and assigns, shall think fit.

5. And be it further Enacted, That the several sums of money to arise from, or be paid as the consideration money of the safe of the said lands and other hereditaments, shall as soon as conveniently may be after the receipt thereof, be paid by the said John Bentham Neales, John Hart, and Jacob 'Hagen, to, and divided amongst the several persons, and in the shares and proportions mentioned and expressed in the schedule hereunder written and marked with the letter B.

Application of purchase-moneys.

6. And be it further Enacted, That the receipt and receipts of the said John Bentham Neales, John Hart, and Jacob Hagen, and the survivors and survivor of them, and the executors or administrators of such survivor, shall from time to time and at all times be a good and sufficient release and discharge to the purchaser or purchasers of the hereditaments hereby authorized to be sold or conveyed, or any of them or any part thereof; and such purchaser and purchasers, and his, her, or their heirs, executors, administrators, and assigns, shall be absolutely and for ever freed and discharged of and from the said purchase-money, and shall not be answerable or accountable for any loss, misapplication, or nonapplication thereof or any part thereof,

Receipt of trustees to good discharges for purchase-moneys.

7. And be it further Enacted, That it shall be lawful for the trustees or trustee for the time being of any of the trusts hereby declared, or if none, for Her Majesty's Advocate-General for the Province of South Australia for the time being, from time to time as often as there may be occasion, by deed executed in the presence of and attested by one or more than one witness, to appoint' any person or persons to supply the place of any present or future trustees or trustee under this Act, who may die, disclaim, go to reside out of the Province, or be incompetent or unwilling to act in the execution of the trusts aforesaid, before the same shall be fully performed ; and that upon any such appointment ipso facto, and as a necessary consequence thereof, and without any other conveyance or act in the law whatsoever, the said trust estate or such part thereof as shall then remain unsold, shall vest jointly in any new and old trustees or solely in the new trustees as occasion shall require; and every new trustee shall succeed to the powers and duties of the trustee in whose place he shall be appointed.

Provision for the appointment of new trustees.
Upon such appointment, trust estate vested in trustees, ipso facto.

8. And be it further Enacted, That the trustees or trustee for the time being, acting by virtue of this Act, shall be chargeable only with such moneys as they or he respectively shall actually receive, and shall not be answerable the one for the other of them nor for any banker, broker, or other person in whose hands any of the trust moneys shall be placed, nor otherwise for involuntary losses; and that the said trustees or trustee for the time being may re-imburse themselves or himself, out

Trustees indemnity.

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