All Saints Parsonage Act of 1875 No asp (NSW)

An Act to enable the Lord Bishop of New­ castle to sell certain Land at Singleton and to apply the proceeds of the sale thereof in the erection of a Parsonage for the Officiating Clergyman of All Saints Church Singleton. [20th May, 1875.]

W H E R E A S by Indentures of lease and release bearing date on or

about the fourteenth and fifteenth days of January one thou­ sand eight hundred and forty-two the latter made between Benjamin Singleton of Patrick's Plains in the Colony of New South Wales gentleman and Mary Singleton his wife of the one part and the Bishop of Australia of the other part the parcel of land and hereditaments specified in the Schedule hereunder written were conveyed and assured unto and to the use of the said Bishop of Australia and his successors upon trust for the erection of a church or chapel for the purpose of Divine Worship according to the rites of the United Church of England and Ireland as it is now by law established And also for the erection of a residence for a clergyman in Holy Orders of the said United Church of England and Ireland and for a burial-ground according to the use of the said United Church And also for a glebe for the use of such clergyman as the said Bishop of Australia for the time being should appoint or for all or any of the said objects as the said Bishop of Australia should from time to time determine and upon trust for all and every or any other of the purposes provided for in and by the Act of the Governor of New South Wales aforesaid with the advice of the Legislative Council thereof made and passed in the eighth year of the reign of His late Majesty King William the Fourth intituled " An Act to regulate the temporal affairs of Churches and Chapels of the United Church of England and Ireland in New South Wales" and under and subject to the enactments clauses and provisions thereof And whereas the land described in the said indentures and in the Schedule to this Act is now vested in the Lord Bishop of Newcastle under and in pursuance of a certain Act made and passed on the twenty-seventh day of August one thousand eight hundred and fifty-eight intituled " An Act to remove doubts respecting the vesting of certain Lands " situated within the Dioceses of Sydney and Newcastle respectively " which toe re formerly vested in the Bishop of Australia" And whereas a dwelling-house has pursuant to the trusts contained in the said indenture been erected on a portion of the said land and is now the residence of the clergyman duly appointed by the said Lord Bishop of Newcastle as the officiating clergyman or minister of the Church of All Saints in the town of Singleton hereinafter mentioned but no portion of the said parcel of land has been used or is required for the erection of a church or chapel or set apart or required as a burial- ground or a glebe or otherwise howsoever pursuant to the trusts of the said indenture And whereas it has been considered expedient to erect a more commodious parsonage or dwelling-house in a more suitable locality in the town of Singleton aforesaid And whereas it has been considered expedient to sell the said parcel of land and to apply the proceeds arising therefrom in and towards the erection of such parsonage or dwelling-house with the necessary appurtenances thereunto for the use of such clergyman or minister as aforesaid Be it therefore enacted by the Queen's Most Excellent Majesty by and with

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 Lord Bishop of Newcastle or other the trustee for the time being in whom the said land may be or become vested may at any time and from time to time hereafter sell and dispose of the said parcel of land mentioned and described in the Schedule hereunder written by public auction or private contract either in one lot or in several lots as the said Bishop of Newcastle or the trustee for the time being shall deem most expedient for such price or prices as can be reasonably had or obtained for the same and upon such terms and conditions of sale as the said Bishop of Newcastle or the trustee for the time being shall deem expedient with power to buy in the said parcel of land or any part or parts thereof at any auction sale or to rescind or vary the terms of any contract for sale without being responsible for any loss to be occasioned thereby and when sold to convey the same or any part or parts thereof to the purchaser or pur­ chasers thereof and thereupon the same shall vest absolutely in such purchaser or purchasers his her or their heirs and assigns absolutely freed and discharged from the aforesaid trusts affecting the same and the receipt in writing of the said Bishop of Newcastle or the trustee for the time being shall absolutely discharge the purchaser or purchasers of the said land or any part or parts thereof from the purchase money payable by him her or them respectively and shall exonerate him her or them from seeing to the application of the said purchase money and from all liability as to the misapplication or non-application thereof.
2. I t shall and may be lawful for the said Bishop of Newcastle or the trustee for the time being to allow any purchaser or purchasers of the said parcel of land or any part or parts thereof credit for the payment of the whole or part of his her or their purchase money upon such terms as to interest or otherwise as the said Bishop of Newcastle or the trustee for the time being may deem reasonable and proper provided that such parcel of land or part or parts thereof shall remain unconveyed or shall be rendered a security by charge mortgage or otherwise for so much of the purchase money as shall remain unpaid together with interest thereon until payment thereof the lien of the said Bishop of Newcastle or the trustee for the time being as vendor continuing notwithstanding any arrangement as to other security for the purchase money or any part thereof remaining unpaid.

3. The said Bishop of Newcastle or the trustee for the t ime' being shall stand possessed of all moneys arising from such sale or	sales as aforesaid upon trust to apply the same in or towards the
erection in a more suitable locality in the said town of Singleton as the said Bishop of Newcastle or the trustee for the time being shall by writing under his or their hand or hands direct or appoint of a new more suitable and commodious parsonage or dwelling-house with the necessary appurtenances thereunto for the use and residence of the clergyman or minister for the time being duly licensed and appointed by the said Bishop of Newcastle for the time being as the officiating clergyman of the said Church of All Saints under and subject to and in accordance with the provisions of the Act eighth William the Fourth number five And the receipt in writing of the said Bishop of Newcastle or the trustee for the time being for such purchase money shall be a valid and complete discharge to the person or persons paying the same.
4. This Act may be styled and may be cited as " All Saints Parsonage Act of 1875."

SCHEDULE

SCHEDULE REFERRED TO.

ALT. that piece o r parcel of land situate lying and being in the township o f Singleton at Patrick's Plains in the County of Northumberland (erroneously called Cumberland) in the Colony of New South Wales containing by admeasurement two acres one rood and twenty-four perches more or less being lots two hundred and ninety-three two hundred and ninety-four two hundred and ninety-five two hundred and ninety-six two hundred

a n d ninety-seven two hundred and ninety-eight three hundred and fifty-nine three

hundred and sixty three hundred and sixty-one three hundred and sixty-two three hundred and sixty-three and three hundred and sixty-four on the plan of the said township bounded o n the north-east by Bishopgate-street on the north-west by Gipps-street o n the south­ west by High-street and on the south-east by Percy-street.