Bishopscourt Sale and Leasing Act 1886 No bsl (NSW)

An Act to empower the Church of E n g l a n d

P rope r ty Trus t Diocese of Sydney to sell and lease port ions of the Bishopscourt Es t a t e and to provide for the application of the moneys to arise from such sales

and leases. [30th July, 1886.]

W H E R E A S by deed of g r a n t from the Crown dated the e igh th

day of J a n u a r y one thousand e ight h u n d r e d and sixty-six

cer ta in lands s i tuated nea r Coogce in t h e par ish of A lexandr i a in t he coun ty of Cumber land in the Colony of New South Wales and there in more par t i cu la r ly described were granted to t he Bishop of Sydney and his successors for ever upon t ru s t for the appropr ia t ion thereof as t he site of an episcopal residence for t h e Bishop of Sydney and his successors t h e said lands to be enjoyed as t he site for t he episcopal residence and for gardens pleasure grounds and pas tu re lands in con­ nect ion wi th t he said episcopal residence of t he Bishop of Sydney for t h e t ime being A n d whereas unde r t h e provision of t h e " C h u r c h of

E n g l a n d Trus t P rope r ty Incorpora t ion A c t of 1 8 8 1 " a corporate body

of Trustees k n o w n as the C h u r c h of E n g l a n d P rope r ty Trus t Diocese of Sydney has been du ly appointed a n d the said lands have duly become vested in such corporate body of Trustees upon the t rus t s upon which the same were g ran ted And whereas an episcopal residence for t h e Bishop of Sydney and his successors was in or a b o u t t h e year one thousand e ight h u n d r e d and fifty-eight erected on t h e said lands a t a cost of seven thousand two hundred pounds or t he re ­ abouts and is k n o w n as Bishopscourt A n d whereas t h e s u m of two thousand pounds pa r t of t h e said s u m of seven thousand two h u n d r e d pounds was borrowed by the late Bishop of Sydney on his personal securi ty and expended in t he erection of such episcopal residence A n d

t he representa t ives of the said la te Bishop out of the rents and profits	of
whereas by an A c t of the Legis la ture of N e w	South W a l e s passed	in

the th i r ty -seventh year of the re ign of H e r present Majesty t h e Bishopsthorpe Es ta t e was charged from the res ignat ion or dea th of the R i g h t Re \ r e rend Freder i ck Ba rke r la te Bishop of Sydney wi th the pay­ men t to t he said Bishop or his representa t ives of two thousand five hundred pounds be ing the said s u m of two thousand pounds toge ther with interest thereon es t imated at t he s u m of five hundred pounds And whereas t he said la te Bishop died on t h e s ixth day of Apr i l one thousand eight h u n d r e d and eighty-twO A n d whereas t he Mos t

Reverend Alfred Ba r ry t h e present Bishop of Sydney has paid to

of t h e said Bishops thorpe Es t a t e t h e sum of one thousand live h u n d r e d pounds and the sum of one thousand pounds still r emains due to such represen ta t ives A n d whereas t h e said ren t s and profits of t h e said Bishops thorpe Es t a t e cont r ibu te t h e pr incipal fund for t h e ma in tenance and suppor t of t he Bishop of Sydney for t he t ime be ing and t h e paymen t s required to mee t t he said charge form a very heavy deduction from the income of the said Bishopsthorpe Es t a t e A n d whereas it has been found necessary to m a k e cer tain repairs a n d addit ions to the said episcopal residence a t a cost of two t housand five hundred pounds and the expense of keep ing the said residence in repair and proper ly ma in t a in ing fences and other improve­ m e n t s on said estate will always be very considerable a n d the re are no funds in t h e hands of the said corporate body of Trustees avai lable for such purpose A n d whereas por t ion of t he lands be ing tha t por t ion more par t icu lar ly described in t he First Schedule to this A c t is now separa ted from the; lands on which t h e said episcopal resi­ dence is bui l t by a publ ic street k n o w n as Susan-street A n d whereas another por t ion of the lands being t h a t port ion par t i cu la r ly described in t he Second Schedule to this A c t is a t a considerable dis tance Prom t h e lands on which the said episcopal residence is bui l t and adjoins t he waters of t he Pacific Ocean hav ing been original ly appropr ia ted as a site for a ba th ing-p lace in connect ion wi th t he said episcopal residence A n d whereas other portions of t he said lands be ing the lands par t icu lar ly described in t he Third Schedule to th i s A c t are available as bu i ld ing sites wi thout mater ia l ly in ter fer ing wi th t he use or enjoyment of the said episcopal residence A n d whereas i t is expedient t h a t t he said lands described in the said First and Second Schedules should be sold a n d t h a t t h e lands described in the said Third Schedule should be sold or let upon bui ld ing leases for t he purpose of providing funds to repay t h e said present Bishop of Sydney t h e sums which he has expended from the rents and profits of t h e said Bishopsthorpe Es ta t e and to pay the residue now owing of the said debt of two thousand five hund red pounds to the representat ives of the said la te Bishop and to provide for t he paymen t of such repairs and addit ions as aforesaid and for the fu tu re ma in t enance repair and improvement of t he said episcopal residence and the adjoining lands A n d whereas t he s tanding com­ mi t t ee of t h e Synod of t he Diocese of Sydney repor ted to such Synod in favour of t h e expediency of selling t he said lands described in t he said First and Second Schedules and of g ran t ing bu i ld ing leases of t he said lands described in the said Th i rd Schedule and by resolution passed on the twenty-seventh day of J u l y one thousand e ight h u n d r e d

and eighty-five t he said Synod adopted such report and requested	such s t and ing commit tee to t ake steps to carry t h e same in to effect
A n d whereas i t may be found more advantageous to sell the said lands comprised in t he Third Schedule instead of g r an t ing bui ld ing leases of t h e same A n d whereas no valid sale or leases of t h e said lands
can be made wi thou t t h e au thor i ty of Pa r l i amen t Be i t therefore
enac ted by t h e Queen ' s Most Exce l l en t Majes ty by and wi th the
advice and consent of t he Legis la t ive Council and Legislat ive
Assembly of N e w South Wales in P a r l i a m e n t assembled and by the
au tho r i t y of the same as follows :—

1. I t shall be lawful for t he Church of E n g l a n d Proper ty Trus t

Diocese of Sydney hereinafter called t he said t rus t and their successors to sell t he l ands ment ioned in the First and Second Schedules to this A c t c i ther a l together or in parcels and c i ther b y publ ic auc t ion or

pr iva te contract and upon such te rms a n d conditions and s t ipulat ions

as to t i t le t ime and m a n n e r of p a y m e n t and general ly in such m a n n e r

as to t he said t r u s t and the i r successors shal l seem expedient wi th power to b u y in at any sale and to rescind or va ry any cont rac t for

h sale

sale and to re-sell w i thou t be ing responsible for a n y loss ar is ing from such re-sale and to convey t h e said l ands or any pa r t or par t s thereof w h e n sold to t h e purchaser or purchase r s thereof in fee-simple freed and discharged from the t r u s t s of t he said deed of g ran t of t he e igh th day of J a n u a r y one thousand e igh t h u n d r e d and s ixty-six Provided always t h a t in every sale of t h e lands described in t h e said Second Schedule or any par t thereof in every conveyance u n d e r or in v i r tue of such sale there shal l be reserved to the said t r u s t and the i r successors t he r i g h t to cons t ruc t ma in t a in and use a ba th ing-p lace adjacent t o t h e waters of t he Pacific Ocean and a r ight-of-way from the said bath ing-place either to Beach-s t ree t or to t he reserve for publ ic recreat ion adjoining a por t ion of the sou the rn b o u n d a r y of t h e said lands Provided also t h a t if credi t be al lowed to a n y purchaser for t h e p a y m e n t of his purchase money t h e lands sold to h i m shall r e m a i n unconveyed or otherwise be rendered a secur i ty for t h e unpa id purchase money toge ther w i th t he interest thereon un t i l t h e same shall have been paid.

2. I t shall be lawful for t he said t r u s t and the i r successors by deed to lease all or any pa r t or par t s of t h e lands described in the Th i rd Schedule to this Ac t to any person or persons who shall covenant to improve t h e same b y erec t ing and bui ld ing the reon any new house or houses of such va lue a n d subject to such conditions as in t he opinion of the said t rus t or the i r successors shal l be expedient for any te rm no t exceeding n ine ty-n ine years to t ake effect in possession a n d no t in reversion so as t he r e be reserved in every such lease t he best yearly r e n t t h a t can be reasonably obtained having rega rd to t h e n a t u r e of t he

covenants to be performed on the p a r t of the lessee wi thou t t a k i n g

a n y t h i n g in t h e n a t u r e of a«fine p r e m i u m or foregift and so as t he r e be conta ined in a n y said lease a condit ion of re-ent ry for non-payment wi th in a reasonable t ime to be there in specified of t h e r en t thereby reserved and for non-per formance of t he covenants there in contained and so as t h e lessee do execu te a coun te rpa r t of such lease.

3. The said t r u s t and their successors shall s tand possessed of t h e proceeds of such sales as aforesaid and of t he rents and profits ar is ing f rom any lands leased under t h e power here in contained upon t rus t in the first place to pay t h e costs and expenses of th i s A c t a n d in t h e n e x t place to pay t h e costs and expenses of such sales and leases and subject to such p a y m e n t s upon t r u s t t he r eou t to pay the said debt of two thousand five h u n d r e d pounds and all t he expenses w h i c h have been incur red in m a k i n g repairs and addit ions to t h e said epis­ copal residence and shall s tand possessed of t h e surp lus if a n y u p o n t ru s t to expend the same in t he ma in tenance repair a n d improvemen t	of t h e said episcopal residence and the lands ad jacen t the re to and
occupied the rewi th in such m a n n e r as t he Synod of t h e Diocese of
Sydney shal l f rom t ime to t ime de te rmine and direct .
4. The power of sale hereby conferred shal l wi th t he consent and sanct ion of the Synod of t h e Diocese of Sydney first had and ob­ ta ined b u t not otherwise ex tend as well to the lands par t i cu la r ly described in t he said Third Schedule as to those described in t he said Fi rs t and Second Schedules and a certificate unde r t h e h a n d of t he Bishop of Sydney for t h e t ime be ing t h a t a resolut ion consent ing to a n d sanct ioning such extens ion of t h e said power has been du ly passed by t h e said Synod shall be sufficient evidence of such consent
a n d sanction.

5. This A c t m a y be cited as t h e " Bishopscourt Sale and

Leas ing A c t 1886. "

SCHEDULES.

S C H E D U L E S .

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

All t h a t port ion of land s i tua te in the county of Cumber land par ish of Alexandr ia near Coogee conta in ing one acre one rood twen ty - th ree perches more or less formerly a t tached to the episcopal residence appropr ia t ion b u t now dissevered by tho con t inua t ion of Susan-s t ree t into Power-s t ree t Commencing a t the south-east corner of M ' L e a r i e ' s four acres and bounded on the no r th by the south boundary- l ine of t h a t land bear ing west about four chains forty-five l inks to Susan-s t ree t bounded south­ westerly by t h a t s t ree t about six chains n inety- two l inks thence on its eas te rn boundary

by land in the occupat ion of t he la te F rede r i ck Barke r Bishop of Sydney ab o u t	four
chains eighty-five l inks to the point of commencement .

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

All t ha t piece or parcel of land in the Colony of N e w South W a l e s containing by a d m e a s u r e m e n t four acres one rood and five perches be t h e same more or less s i tuated in t he county of Cumber land par ish of Alexandr ia nea r Coogee Commencing on the eas te rn side of Beach-s t reet a t t he south-wes tern corner of J . S tewar t ' s two acres and bounded thence on the west by Beach-s t ree t bea r ing south two chains and sixty-seven l inks on the south by a line bear ing east four teen chains and th i r ty- four l inks to the sea coast on the nor th-eas t by t he sea coast nor th-wes te r ly along the Pacific Ocean to t he south-cast corner of L. Gordon 's one acre t h r e e roods and t e n perches on the n o r t h by pa r t of t he sou thern boundary- l ine of t h a t laud bear ing west one chain and fifty l inks again on the west by the eastern boundary- l ine of J . S tewar t ' s two acres aforesaid bear ing south two chains and sixty-seven l inks and again on the no r th by the sou thern boundary- l ino of t h a t two acres bear ing west seven chains and fifty l inks to the south-west corner thereof aforesaid.

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

All t h a t piece or parcel of g round being a por t ion of t h e episcopal residence
appropr ia t ion s i tuate in the county of Cumber land parish of Alexandr ia nea r Coogee

containing by admeasurement twenty- two acres three roods more or less Commencing

a t a po in t d is tant e ight chains from the intersect ion of Susan-s t ree t and Carr ing ton

Road (formerly Power -s t ree t ) and bounded thence by a l ine a t r ight angles to the l a t t e r s t ree t a dis tance of 5 chains from thence by a line souther ly five chains equidis tant from and r u n n i n g paral lel with t he eas tern side of Car r ing ton Eoad a distance of about eleven chains thence by a line eas ter ly also five chains equid is tan t from and paral le l with t h e n o r t h boundary of All ison-street a dis tance of about e ighteen chains thence by a l ine nor ther ly about six chains thence by a lino at r igh t angles five chains deep to Brook-s t ree t and thence a long the frontage of tho p roper ty facing Brook and Allison Streets and Car r ing ton Road aforesaid to the point of commencement .