No. XV.
An Act to authorize the resumption by Her Majesty of a portion of the Presbyterian Church Grant in the City of Bathurst for the purpose of widening a lane between the said grant and the Public School site and to declare the Trusts on which the purchase money of the land resumed shall be held and for other purposes. [10th May, 1884]
| W H E R E A S by Crown grant dated the sixteenth day of February one thousand eight hundred and seventy-two under the hand | of Somerset Richard Earl of: Belmore Governor of the Colony of New |
| South Wales and the seal of the said Colony and registered folio 98 of Volume cxxxv of the registered book the portion of land in the City of Bathurst in the said Colony described in the said grant was granted to the Trustees therein named and their successors upon trust for the erection and maintenance on the land so granted of a church for the use of a congregation under the spiritual superintendence of and in connection with the General Assembly of the Presbyterian Church of New South Wales and for no other purpose whatsoever. And whereas such church has been erected on the said land And whereas a lane described in the said grant as being thirty-three links wide being the south-east boundary of the said land and dividing it from the Public School site in Howick-street in the said city was reserved as shown in the map of the city of Bathurst dated one thousand eight hundred and forty-six in the office of the Surveyor-General of the said Colony And whereas the Public School and offices or buildings appurtenant thereto erected on the south-eastern side of the said lane and opposite to the land so granted have been found to encroach by ten feet or thereabouts on the said lane And whereas the Trustees of the land so granted consent to the resumption by Her Majesty of a strip of such land being ten feet in width and which strip is more particularly described in the Schedule hereto for the purpose of increasing the width of the said lane to the original width of thirty-three links for the sum of two hundred and fifty pounds sterling but have no power by law to sell or dedicate any portion of the land so granted as afore said And whereas it is expedient that authority should be given for the resumption and dedication of the said strip of land and that the portion of the said lane encroached upon by the said Public School and buildings as hereinafter more particularly described should be vested in Her Majesty for the purposes of public instruction subject to the provisions of the "Publ ic Instruction Act of 1880" And that in consideration of such resumption as aforesaid the said sum of two hundred and fifty pounds should be paid to the said Trustees upon the trust hereinafter declared 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. Upon the passing of this Act the land described in the
First Schedule hereto shall vest in Her Majesty absolutely for an | estate | |
estate of inheritance in fee simple hut to the intent and upon trust that the same shall he dedicated for the purpose of increasing the width and of forming part of the lane separating the Presbyterian Church grant from the said Public School site hereinbefore referred to And such land shall upon such dedication be subject to the control and maintenance of the Council of the Borough of Bat hurst in like manner and to the same extent as other streets and highways within the said Borough.
2. The portion of land situate between the north-western boundary of the Public School site as described in the Crown grant to the Board of National Education dated the eleventh May one thousand eight hundred and fifty-four and registered folio 7 7 of Volume cxviii of the registered book and a line formed by the encroachment of the Public School buildings upon the lane hereinbefore described which portion is more particularly described in the Second Schedule hereto shall upon the passing of this Act be vested in Her Majesty for the purposes of Public Instruction subject to the provisions of the " Public Instruction Act of 1880."
3. The sum of two hundred and fifty pounds shall be paid out of the Consolidated Revenue by warrant under the hand of the Governor to the Trustees for the time being of the said Presbyterian Church grant who shall stand possessed of the said sum upon the trusts declared in the grant hereinbefore in part recited in respect to the land thereby granted so far as the same subsist and arc capable of being carried out.
| F I R S T | S C H E D U L E . |
| Description | of Land | resumed. |
| Seven and th ree -qua r t e r s | perches | coun ty | of | B a t h u r s t | par ish | of | B a t h u r s t | city of |
| B a t h u r s t in section n u m b e r one | Commencing on t h e south-west side of | Howick-street | a t |
a po in t one h u n d r e d and n ine ty - th ree feet t h r e e inches south-easter ly from its inter sect ion with George-s t ree t and bounded thence on the nor th-cas t by Howick-street bear ing south-eas ter ly t en feet on t he south-eas t by a lane bear ing south-wester ly two hundred and twelve feet three inches on t h e south-wes t by a lane bear ing nor th -wes te r ly t en feet and on the nor th-wes t by a lino bea r ing nor th -eas te r ly two h u n d r e d and twelve feet
| t h r ee inches to t he point of commencement being pa r t of the Presby te r ian Church | g r a n t |
| of one acre. |
| S E C O N D | S C H E D U L E . |
| Description | of part of lane encroached | upon. |
| All t h a t piece or parcel of land conta in ing about seven and a qua r t e r | perches |
| s i tua ted | in | t he | county | of | B a t h u r s t | par ish | of | B a t h u r s t | c i ty | of B a t h u r s t | Commencing | on |
the south-west side of Howick-s t ree t a t a po in t bear ing south-easter ly and d i s tan t two hundred and fifteen feet th ree inches from its in tersec t ion wi th t h e south-eas t side of George-s t ree t and bounded thence on the nor th -eas t by t h a t side of Howick-s t ree t bear ing south-eas ter ly n ine feet n ine and a half inches thence on the south-eas t by t h e south-east side of a lane bear ing south-wester ly to t he nor th -eas t side of a lane th i r ty - th ree l inks wide thence on the south-west by t h a t side of t h a t lane bear ing nor th wester ly n ine feet s is and a half inches and thence on the nor th-west by a l ine bearing
| nor th easter ly to t he point of | commencement . |