Bishop's Leases Act 1855 No bla (NSW)

successors

An Act to enable the Bishop of Sydney and his Successors to make Leases of certain Land granted by Her Majesty for the maintenance of the Bishop of Australia and his Successors.

[21st November, 1855.]

six and made unde r t he great seal of t he Colony H e r Majesty in order WH E R E A S in t he year of our Lord one thousand eight h u n d r e d and forty-

by a deed of g ran t bear ing date t he n i n t h day of J u l y

to provide for t he ma in tenance of t he Bishop of Aus t ra l i a a n d his

successors was pleased to g r a n t u n t o t h e t h e n Bishop of Aus t ra l i a a n d his successors a cer ta in parcel of land conta in ing by admeasurement forty acres more or less s i tuated in t he county of Cumber l and and the parish of P e t e r s h a m commenc ing a t t h e Glebe B o a d a t a poin t th ree chains fifty-five l inks south-easter ly from the eas tern corner of George J o h n Rogers ' p roper ty and bounded on the nor th-west by a l ine bear ing south forty-seven degrees forty-five minu te s west fourteen chains n ine ty l inks to land originally g ran ted to Ca ther ine K i n g on the south­ west by t he land original ly g ran ted to Ca ther ine K i n g being a line bear ing south forty-seven degrees fifteen minu te s east to t h e old Pa r r a -

m a t t a R o a d on t h e south-east by t h e old and presen t P a r r a m a t t a Roads

on t h e east by a curved l ine ex tend ing from t h e P a r r a m a t t a R o a d to t h e Glebe R o a d t h e said curved l ine be ing the segment of a circle hav ing a rad ius of one h u n d r e d and six l inks from a centra l poin t which point bears south s ixty- two degrees thir ty-f ive m i n u t e s west two chains th i r ty four l inks from the westcrn corner of a bui ld ing erected by J a m e s Peme l and south th i r ty -e igh t degrees forty-five

m i n u t e s east five chains forty-five l inks from t h e sou the rn corner of

a bu i ld ing a t t he j unc t i on of Franc is - s t ree t wi th t h e Glebe Road and on t h e nor th-eas t by t he Glebe R o a d to t h e commenc ing point (advertised as n u m b e r n ine ty - th ree in t he Go\"ernment Not ice dated first J u n e one thousand e ight hundred and forty-six) wi th all t he r igh t s and appur tenances whatsoever there to be longing to hold t h e same u n t o t he said Bishop of Aus t ra l ia and his successors Bishops of Aus t ra l i a for ever for t h e main tenance of t he Bishop of Aus t ra l i a a n d his successors Bishops of Aus t ra l i a A n d whereas i t is expedient t h a t t h e said parcel of l and should be now vested in t he Bishop of Sydney and his successors for t h e purposes and subject to t h e reser­ vat ions a n d condit ions in t he said g r a n t conta ined A n d whereas in order to car ry out t h e object of t he said g ran t i t is expedient t h a t t h e said Bishop and his successors should be empowered to g ran t leases of t h e said land Be i t therefore enacted by H i s Excel lency the Governor of New South W a l e s by and wi th t h e advice and consent of t h e Legislat ive Council thereof as follows—

1. The said parcel of land in t he said g ran t ment ioned shall be and is hereby vested in t he Bishop of Sydney and his successors for t he purpose and subject to t he reservat ions the re in conta ined a n d it shal l be lawful for t he Bishop of Sydney and his successors t h e Bishops of Sydney for the t i m e be ing from t ime to t ime after the pass ing of th i s A c t by any deed to lease all or any pa r t of t he said l and for

bu i ld ing or o ther purposes for any t e r m or n u m b e r of years not	exceeding n ine ty-n ine years to t ake effect in possession and not in
reversion or by way of fu ture interest and subject to t h e reservat ions
in t h e said g r a n t and to t he restr ict ions hereinafter ment ioned .

2. I n every lease g ran ted u n d e r t he au thor i ty of th i s A c t shall

be reserved t h e best r en t t h a t can be obta ined for the same such ren t to be ascer ta ined by submi t t ing t he proposed lease to publ ic compet i t ion by auct ion a t such t ime a n d in such m a n n e r a n d subject to such condi­ t ions as to t he Bishop of Sydney for t h e t ime being may seem expedient and subject also to t he poA\ers restr ic t ions and condit ions in th is A c t ment ioned Provided t h a t it shall be lawful for t he said Bishop in the condit ions of sale pr ior to such auct ion to fix an upse t r e n t below which such lease shall no t be disposed of A n d provided also t ha t after any such lease has been submi t ted to publ ic compet i t ion as aforesaid wi thou t success it shall be lawful for t he said Bishop to g ran t a lease thereof w i thou t again submi t t i ng t h e same to publ ic competi t ion but subject in o ther respects to t he powers restr ict ions and condit ions in th i s A c t ment ioned and a t a ren t not less t han the upse t r en t so fixed as aforesaid.

3.    I n any lease to be gran ted unde r t he au thor i ty of th i s A c t it

shall be lawful for t he Bishop of Sydney for t h e t ime being g r a n t i n g any such lease as aforesaid if he shall t h i n k fit to reserve a small r e n t d u r i n g the first t en years or any less por t ion of t he t e r m thereby created and to reserve an increased r en t or increased ren t s to become payable after t he expira t ion of such first t en years or less por t ion of t he t e r m created by such lease.

4 . I t shall be lawful for the Bishop of Sydney for t h e t ime be ing to appropr ia te any p a r t of t h e said l and not be ing a t t h e t ime of such appropr ia t ion unde r lease for t he site of any church parsonage house or school or for any purpose connected wi th rel igious worship or educat ion or as and for a way or ways ya rd or yards ga rden or gar­ dens to any house or bui ld ing erected or to be erected on the said land or on any of t he adjoining lands and also for any ways streets squares avenues passages sewers or otherwise for t h e general improvement of the es ta te and t h e accommodat ion of t he lessees t enan t s and occupiers thereof in such m a n n e r as shall to such Bishop seem desirable and also by such lease to give such privileges and other easements as such Bishop shall deem reasonable or convenient .
5. I t shall be lawful for t he Bishop of Sydney for the t ime being to confirm any lease pu rpo r t ing to have been granted u n d e r t he au tho­ r i ty of th is Ac t in any case in which for some technical error inform­ ality or i r regular i ty in exercis ing the powers of th is Ac t such lease shall bo voidable or questionable; or to accept an ac tua l or v i r tua l sur render of any lease which shall have been m a d e and executed or which shall pu rpor t to have been m a d e and executed by v i r tue of th is Ac t and in any case where at t he t ime w h e n such sur render shall be accepted one-fourth pa r t or more t h a n one-fourth pa r t of t he t e r m original ly g ran ted shall remain unexpi red to m a k e a new lease or several appor t ioned leases of t he lands houses and bui ldings comprised in such sur rendered lease wi thou t exposing the same to publ ic compe­ t i t ion for any t ime not exceeding the then residue of t he t e r m granted or in tended to be granted by such sur rendered lease and at a r e n t or apport ioned ren t s equal in a m o u n t to or exceeding the former ren t or rents .

0. A n y lease or confirmation g ran ted or made or sur render accepted unde r th i s A c t in considerat ion in whole or in pa r t of any fine p r e m i u m or foregift or a n y t h i n g in t he n a t u r e thereof directly or indirect ly paid or given shall be absolutely void to all i n t en t s and purposes whatsoever bo th in law and in equi ty .

7. I t shall not be lawful for any Bishop of Sydney directly or indirect ly by any contract deed j u d g m e n t war r an t of a t to rney or other­ wise to charge or encumber or to borrow or raise any money by mor t ­ gage or otherwise upon t h e securi ty of t he said land or any pa r t thereof or of any r en t reserved by any lease m a d e unde r t he au thor i ty of th i s Act .

8. N o Bishop of Sydney nor t h e pr ivate estate; nor any repre­ sentat ive of such Bishop shall be liable to his successors for or on account of any waste or di lapidat ions which shall occur in or about any of t he premises demised under the au thor i ty of th is Act or in or about any house or bui ld ing thereon.

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