Ashfield Church of England School Act of 1886 No ace (NSW)

one thousand eight hundred and sixty-six and made between James Mullins and Lucian Moore of the first part Samuel Hodgson Smyth of the second part the said Samuel Hodgson Smyth Frederic King Edward Hume Woodhouse and the Reverend William Cecil Cave Browne Cave of the third part all therein respectively described certain land therein and in the Schedule hereto specifically mentioned were

An Act to enable Frederic King James Christian Corlettc John Allum and Edward Henry Rogers or other the Trustees for the time being of certain land situate at

Ashfield to sell the same and to make

provision for the proceeds thereof. [1st

July, 1886.]

WHEREAS by an indenture dated the thirteenth day of August

were conveyed and assured to the said parties of the third part their heirs and assigns for ever upon trust for and to permit the same to be used for the purpose of a Church of England school and to erect a school-house thereon for the purpose and keep the same school-house in repair And whereas Frederic King James Christian Corlette John Allum and Edward Henry Rogers are the present duly appointed Trustees of the said indenture And whereas the said indenture contains no power of sale or exchange over the said land and it is expedient

that power should be given to the said Trustees or other the Trustees

for the time being of the said indenture enabling them to sell the said
land and to apply the proceeds as hereinafter directed 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 :—

1. It shall be lawful for Frederic King James Christian Corlette John Allum and Edward Henry Rogers their heirs and assigns or other the Trustees for the time being of the said indenture of the

thirteenth day of August one thousand eight hundred and sixty-six

(all hereinafter called the Trustees) to sell and dispose of the land described in the Schedule hereto and the buildings thereon either by public auction or private contract and either in one lot or in several lots for such price and prices as may reasonably be had and obtained for the same and upon such terms and conditions of sale as the Trustees may deem it expedient with power to buy in the said land or any part or parts thereof at any auction sale or to rescind or vary the terms of any contract for the sale of the said land or any part or parts thereof and when sold to convey the same or any part thereof to
the purchaser or purchasers in fee simple freed and discharged from

the trusts affecting the same and the receipt in writing of the Trustees their heirs and assigns for any money arising frem such sale or sales shall absolutely discharge the purchaser or purchasers thereof and shall free him or them respectively from seeing to the application of the said money or from any liability in respect of the same.

2. It shall be lawful for the Trustees on any such sale or sales as aforesaid to allow any purchaser or purchasers credit for the pay­ ment of so much of the purchase money in any case as shall not exceed three-fourths of the whole amount payable in respect of such purchase upon such terms as to interest as may be deemed proper Provided that the land so sold on credit as aforesaid shall remain unconveyed

as shall remain unpaid together with interest thereon until the same	or be otherwise rendered a security for so much of the purchase money
shall have been wholly satisfied.
3. The Trustees shall stand possessed of the proceeds of any sale under the power herein contained upon trust after payment of the costs and expenses of and incidental to such sale and this Act to apply such moneys in the erection of a school-house in connection with the Church of England upon a vacant portion of the site of the church known as Saint John the Baptist at Ashfield near Sydney aforesaid or
on any other site within the said parish as it now is or as it may at any
time hereafter be defined and invest the remainder of the said moneys
(if any) which shall not be required for the purpose aforesaid on
mortgage upon freehold real estate within the Colony of New South Wales or in any Government funds or debentures of any Australian
Colony or in fixed deposit receipts of any bank carrying on business in
the Colony of New South Wales with power from time to time to vary and transfer any such investment for or into any other investment authorised by this Act and to apply the interest or income arising from such investment in the first place for the repair improvement

maintenance

maintenance and benefit of the said school-house and next thereafter in aid of any fund in connection with the Church of England within the ecclestiastical boundaries of the parish of St. John the Baptist Ashfield as may be deemed advisable by the seatholders and parish­ ioners assembled in the manner directed by the said indenture for the election of new Trustees and all receipts given by any person or persons to whom any moneys shall be paid under the provisions of this Act shall be valid and complete discharges to the Trustees their heirs and assigns for money so paid.

4. This Act may be cited as the " Ashfield Church of England

School Act of 1886."

SCHEDULE.

All that piece or parcel of land situate lying and being in the parish of Concord in the county of Cumberland Colony of New South Wales and commencing at the intersection
of Bland-street with William-street and bounded on the west by Bland-street bearing
southerly to the north-west corner of lot twelve on the south by the north boundary of
that lot bearing easterly two hundred an ninety-seven feet to the intersection of Charlotte-
street with William-street aforesaid and lastly on the north-cast by William-street bearing north-westerly to the point of commencement and being lot thirteen as exhibited on a plan
of sale and containing an area of two roods ten perches of a subdivision of Dr. Bland's

land at Ashfield.