Armidale Roman Catholic Church School and Presbytery Land Sale Act 1881 No arc (NSW)

All Act to enable the Venerable Samuel John Austin Sheehy and Thomas Cooper Makinson Trustees of certain land in the City of Armidale and the Very Reverend John Thomas Lynch Trustee of certain other land in the said City respectively to sell the said respective lands and to pro­ vide for the application of the proceeds thereof. [24th November, 1881.]

WH E R E A S be tween the Very Reverend J o h n Rigney of t h e one pa r t and t h e Mos t day of October one thousand e ight hund red and s ixty- two made

b y an inden tu re of conveyance bear ing da te t h e first

Reve rend J o h n Bede Po ld ing the abovenamcd Venerable Samuel J o h n A u s t i n Sheehy and the abovenamed Thomas Cooper Mak inson of t h e o the r p a r t t he land described in t he F i r s t Schedule here to was conveyed to t he said J o h n Bede Po ld ing Samuel J o h n Aus t in Sheehy and Thomas Cooper Makinson and the i r heirs upon t ru s t as a site for t h e erection and ma in t enance of a Roman Cathol ic C h u r c h A n d whereas by a deed of g ran t from t h e Crown bear ing date t h e s ix teenth day of February one thousand e ight h u n d r e d and seventy- two t h e land described in t he Second Schedule hereto was g ran ted u n t o t he B i g h t Reverend T imothy

O ' M a h o n y t h e n	Roman	Catholic Bishop of Armida le t h e Very	Reverend
J o h n Thomas L y n c h abovenamcd	and	Joseph Da ly the i r he i rs	and

assigns upon t ru s t for t he erect ion the reon of a Roman Catholic C h u r c h

A n d whereas by a deed of g ran t from t h e Crown bear ing date t h e s ix teenth day of F e b u a r y one thousand eight hund red and seventy- two t h e land deserihed in t h e Third Schedule here to was granted u n t o t h e said T imothy O 'Mahony J o h n Thomas L y n c h and Joseph Da ly the i r heirs and assigns upon t ru s t for t he erect ion thereon of a B o m a n Cathol ic School-house A n d whereas by a deed of g ran t from t h e Crown bear ing date t he s ix teenth day of February one thousand e ight hundred and seventy- two the land described in t h e F o u r t h Schedule

here to was granted u n t o t h e said T imothy O ' M a h o n y J o h n Thomas

L y n c h and Joseph Daly the i r heirs and assigns upon t ru s t for t h e appropr ia t ion thereof as t h e site of a dwell ing-house garden and other appur tenances for t he c l e rgyman duly appoin ted to officiate in t h e Roman Catholic Church a t Armidale A n d whereas i t h a s been found t h a t t h e lands described in t he First and Second Schedules here to are unsui tab le for t h e erection thereon of a Roman Catholic Church and it is expedient t h a t t h e said lands should be sold and t h a t t he proceeds to arise from such sale should be applied in or towards paymen t of t h e purchase money of another piece of land in the said city of Armida le s i tua ted in a more sui table position as a site for a R o m a n Catholic Church or in or towards paymen t of t he cost of erection the reon of such C h u r c h A n d whereas t h e said Most Beverend J o h n Bede Pold ing died in t he year one thousand e ight hund red and seventy-seven and t h e abovenamcd Samuel J o h n Aus t in Sheehy and Thomas Cooper Makinson are now t h e sole Trus tees of t h e said lands A n d whereas t h e lands deserihed in t he Third and F o u r t h Schedules here to have respect ively been found unsu i tab le for t he purposes for which t h e said lands were respectively granted and it is expedient t h a t the said lands should be sold and t h a t t h e proceeds to arise from such sale should be applied in or

or towards p a y m e n t of t he purchase-moneys of o ther lands in the said City of A r m i d a l e s i tuated in more sui table positions as sites for a R o m a n Catholic school and presbytery respectively or in or towards p a y m e n t of t h e cost of t h e erection on such sites respectively of such school and presbytery respectively A n d whereas t h e said E i g h t Reve rend T imothy O 'Mahony some t ime since resigned his office of R o m a n Catholic Bishop of Armida le and is now pe rmanen t ly res ident beyond t h e Colony of N e w South Wales A n d whereas t h e said Joseph

Daly died in t he year one thousand eight h u n d r e d and seventy-five A n d

the abovenamed Very Reve rend J o h n Thomas L y n c h is now the sole Trus tee of the said lands respectively described in t he Second Third and F o u r t h Schedules here to Be i t therefore enacted by t h e Queen ' s Mos t Exce l l en t Majes ty by and wi th t he advice and consent of t he Legislat ive Council and Legislat ive Assembly of N e w Sou th "Wales in Pa r l i amen t assembled and by the au thor i ty of t h e same as follows :—

1. After t h e passing of th is Ac t it shall be lawful for t h e said :

Venerab le Samuel J o h n A u s t i n Sheehy and Thomas Cooper Makinson the present Trus tees of t h e l and described in the F i r s t Schedule here to the i r heirs or assigns or other t h e Trustees for t he t ime being of t he said land to sell and dispose of t he same by publ ic auc t ion or pr iva te cont rac t and ci ther in one lot or in several lots as they shall deem mos t expedient for such price or prices as can be h a d or obtained for t he same and upon such sale or sales to convey the said land or any p a r t or par t s thereof to t h e purchaser or purchasers thereof in fee s imple freed and discharged from all t rus t s affecting t he same A n d the receipt in wr i t ing of t he said Trustees the i r heirs or assigns for t h e purchase money for t he said land upon such sale or sales shal l abso­ lu te ly discharge t he purchaser or purchasers thereof from t h e purchase money payable by h i m or t h e m respectively and shall exonerate h i m or t h e m from seeing to t h e appl icat ion of t he said purchase money and from all l iabil i ty in respect of any misappl icat ion or non-appl icat ion
thereof.
2. Af ter t h e passing of th is A c t it shall be lawful for t h e abovenamed Very Reve rend J o h n Thomas L y n c h the p resen t Trus tee of t he lands respect ively described in the Second Thi rd and F o u r t h Schedules hereto his hei rs or assigns or other t h e Trus tee or Trus tees for t h e t i m e be ing of t h e said lands to sell and dispose of t he same by pub l i c auc t ion or pr ivate cont rac t and ei ther in one lot or in several lots as they shal l deem mos t expedien t for such price or prices as can be h a d or obtained for t h e same A n d upon such sale or sales to convey t h e said lands respectively or any par t or par t s thereof to

from all t ru s t s affecting t h e same A n d t h e receipt in wr i t i ng of t h e	the purchaser or purchasers thereof in fee simple freed and discharged
said Trus tee or Trus tees his or thei r heirs or assigns for t h e purchase money for t h e said lands upon such sale or sales shall absolutely discharge t he purchaser or purchasers thereof from the purchase money payable by h i m or t h e m respectively and shall exonerate h im or t h e m from seeing to the appl icat ion of t he said purchase money and from all l iabil i ty in respect of any misappl icat ion or non-appl ica­
t ion thereof.
3. The said Trus tee and Trustees respectively ment ioned or referred to in t h e first and second clauses of this A c t his or thei r heirs and assigns shall respectively s tand possessed of all moneys ar is ing from a n y a n d every such sale or sales as aforesaid U p o n t r u s t to apply t he said moneys in or towards p a y m e n t of t h e purchase money of ano ther piece or other pieces of l and in t he said City of Armida le as a site or sites for the erect ion thereon of a R o m a n Catholic church school a n d presbytery respectively or in or towards p a y m e n t of the cost of erect ing thereon such c h u r c h school and presbytery respectively

Provided

Provided a lways t h a t t he moneys ar is ing from t h e sale of t h e lands deserihed in t he said First and Second Schedules shall he applied so far as m a y be prac t icable in or towards t h e cost of a new site for t he church or its erect ion the reon A n d t h a t t h e moneys ar is ing from the sale of t h e lands described in t he Third and F o u r t h Schedules respect ively shall be applied so far as m a y be prac t icab le in or towards t h e cost of new sites for t h e school and dwel l ing-house or the i r erec t ion the reon respectively wi th t h e appur tenances in accordance wi th t h e t r u s t s applicable respectively to t h e lands described in the said four Schedules .

S C H E D U L E S .

F I R S T S C H E D U L E .

All t h a t piece or parcel of land containing by admeasu remen t one rood th i r t een

and a half perches more or less s i tua te a t Armidale parish of Armidale in N e w Eng land in the Colony of N e w South W a l e s being town a l lo tment number two of section one bounded on the south by Beardy-s t ree t one chain easter ly on t h e cast by a l lo tment n u m b e r t h r ee t h r ee chains thirty-five l inks nor ther ly on the n o r t h by a l lo tment n u m b e r th i r t een one chain westerly and on the west by a l lo tments number s s ixteen and one th ree chains thirty-five l inks souther ly .

S E C O N D S C H E D U L E .

All tha t piece or parcel of land conta ining by admeasu remen t two roods be t h e same more or less s i tua ted in t he county of Sandon and parish of Armida le town of Armidale a l lotment t en of section five Commencing a t t he south-western corner of t he section and bounded thence on the sou th by Rusden-s t r ee t eas ter ly one chain a n d seventy l inks on the east by the wes tern boundary- l ine of a l lo tment n ine appropr ia ted

for a R o m a n Catholic school no r the r ly a t r ight angles to Rusden- s t r ee t th ree chains two

l inks and one-half of a link to a l ane and on t h e n o r t h by t h a t l ane wester ly paral le l

with Rusden-s t r ee t one chain and seventy l inks to Danga r - s t r ee t and on the west by t h a t s t ree t souther ly t h r ee chains two l inks and one-half of a l ink to the poin t of commencement .

T H I R D S C H E D U L E .

All t h a t piece or parcel of land containing by admeasu remen t one rood be t h e
same more or less si tuated in the county of Sandon and par i sh of Armida l e town of

Armida le a l lo tment nine of section five Commencing on the n o r t h e r n side of Rusden-

s t ree t a t the south-eas tern corner of a l lo tment t en appropr ia ted for a R o m a n Catholic

church and bounded thence on the south by t h a t s t reet easterly e igh ty - th ree l inks on

t h e eas t by the wes tern boundary- l ine of a l lo tment eight appropr ia ted for a R o m a n

Catholic p resby te ry nor the r ly a t r igh t angles to Rusden-s t r ee t t h r e e chains and two l inks and one-half of a link to a lane on the n o r t h by t h a t lane wester ly parallel wi th Rusden-s t r ee t e ighty- three l inks and on the west by t he ea s t e rn boundary- l ine of allot­

m e n t ten aforesaid souther ly a t r i gh t angles to Rusden-s t r ee t t h r ee chains two l inks

and one-half of a link to the poin t of commencement .

F O U R T H S C H E D U L E .

All t ha t piece or parcel of land conta in ing by admeasuremen t one rood be t h e
same more or less s i tuated in. t he county of Sandon and par ish of Armida le town of

Armidale a l lo tment e ight of section five Commencing on t h e n o r t h e r n side of Ru s d en -

s t ree t a t t he south-eas te rn corner of	a l lo tment nine appropr ia ted	for a R o m a n	Catholic
school and bounded thence on t h e south	by t h a t	s t ree t eas ter ly e ighty- three l inks	on

the cast by a l ine no r the r ly a t r igh t angles to Rusden-s t r ee t th ree chains two l inks and

one-half of a l ink to a lane on the n o r t h by t h a t lane wester ly para l le l wi th Ru s d en -

s t ree t e igh ty- three l inks and on the west by t h e eas te rn boundary- l ine of a l lo tment n ine

aforesaid souther ly a t r ight angles to Rusden - s t r ee t t h r e e chains two	links a n d	one-half
•of a l ink to t he point of commencement .

A n