Camperdown Cemetery Trust Act 1871 No cct (NSW)

An Act to enable the Bishop of Sydney to convey certain Land and Premises known as the Camperdown Cemetery to Trustees upon certain Trusts with power to erect a Church and Parsonage on portions of the said land. [29th March, 1871.]

se t t lement of t he " Sydney Church of E n g l a n d Cemetery Company " WH E R E A S by an inden ture dated t he twelfth day of J u l y one thousand eight hundred and forty-eight be ing t h e deed of

and made be tween the several persons the re in described of t h e one par t and t h e R i g h t Reverend Eather - in-God Wi l l i am G r an t by divine permission Lord Bishop of Sydney and Metropol i tan of Aus t ra l i a of t he o ther pa r t i t was m u t u a l l y agreed amongst other th ings t h a t if a t any t ime t h e said Company should by v i r tue of clause seventy-eight there in- before contained be dissolved t hen and in such case all and singular the ground chapel hered i taments and premises which by v i r tue of t he now rec i t ing inden ture should have been consecrated and set apar t as a cemetery as there in ment ioned should (subject and wi thou t prejudice to all g ran ts which theretofore should have been made by t h e said Company of t he sites of any vau l t or grave in accordance wi th t he provisions thereinbefore contained) absolutely and uncondi t ional ly vest in t h e Bishop of Sydney for the t ime-being and t h a t t he Trustees for t h e t ime-being of the said Company or others t he persons or person who m i g h t be seised of t h e same cemetery consecrated ground chapel he red i taments and premises should on request well and effectually convey or otherwise assure t h e same to t he Lord Bishop of Sydney for t he t ime-being to t he in ten t t h a t t h e same land chapel cemetery heredita- men t s and premises m i g h t thenceforth remain for ever inal ienably vested in t h e said Lord Bishop of Sydney and his successors as a cemetery for t he burial of t he dead according to t he office for t h a t purpose ordered by the U n i t e d Church of E n g l a n d and I re land and no o ther wi th full power for t he said Lord Bishop of Sydney for t he t ime-being to receive and t ake all fees profits and emoluments arising from any such cemetery upon t rus t nevertheless in t he first place to apply t h e same for t he due and sufficient ma in tenance and preservat ion of such cemetery and for the performance of t he service for the bur ia l of t he dead there in as t h e said Lord Bishop of Sydney for t h e t ime-being m i g h t deem r igh t and if after such appropriat ion as thereinbefore directed any surplus income should remain t hen i t should be lawful for the said Lord Bishop for t he t ime-being to apply t he same for all such purposes s tr ict ly in connect ion wi th and calculated to p romote t he interest and extend t h e influence of the said U n i t e d Church of E n g l a n d and I re land as the said Lord Bishop of Sydney for t he t ime-being should direct A n d whereas by an indenture dated t he twenty- th i rd day of September one thousand eight hundred and forty-eight and m a d e be tween Maur ice Charles O'Connel l there in described of t h e one pa r t and Thomas Woolley J o h n Campbel l Charles K e m p and Robe r t Tooth there in respectively described of t he other par t for t he consideration there in ment ioned the said Maur ice Charles O'Connell did thereby convey un to the said Thomas Wool ley J o h n Campbel l Charles K e m p and Robe r t Tooth the i r heirs and assigns all t h a t piece of land and premises there in described be ing the land and premises described in t he Schedule hereto to hold t he same with the appur tenances to t he said Thomas Wool ley J o h n Campbel l Charles K e m p and R o b e r t

Tooth and to the i r heirs and assigns for ever b u t subject nevertheless

and to for and upon such t rus ts uses in tents and purposes as the Directors of the said Sydney Church of E n g l a n d Cemetery Company for t he t ime-being should from t ime to t ime and a t all t imes for ever thereafter direct l imit and appoint the same A n d whereas t h e said Thomas Woolley departed this life on or about the e igh teen th day of February one thousand eight hundred and fifty-eight a n d the said Charles K e m p departed this life on or about t he twenty-fifth day of Augus t one thousand e ight hundred and sixty-four A n d whereas t he said land and premises comprised in t h e hereinbefore reci ted inden ture of t h e said twen ty- th i rd day of September one thousand e ight hund red and forty-eight were a t the date of t h e inden ture hereinafter recited vested in t he said J o h n Campbel l and Rober t Tooth to for and upon such t rus t s uses in tents and purposes as t he Directors of the said Sydney Church of E n g l a n d Cemetery Company for t he t ime-being should from t ime to t ime and a t all t imes for ever thereafter direct l imit and appoint A n d whereas Michae l Metcalfe J a m e s Sheen Dowl ing Jos iah R icha rd Treeve and the said J o h n Campbel l were a t t h e date of t he said last- ment ioned inden ture (being the inden tu re hereinafter recited) t h e only Directors of t h e said Sydney Church of E n g l a n d Cemetery Company A n d whereas t h e said land and premises so vested in t h e said J o h n Campbel l and Robe r t Tooth as hereinbefore ment ioned were set apar t for t h e purpose of t he bur ia l of the dead there in by the said Sydney Church of E n g l a n d Cemetery Company under the n a m e and description of t he Camperdown Cemetery A n d whereas unde r t he provisions of t he Camperdown and Randwick Cemeteries A c t of 1SG7 all further burials were wi th t he exceptions there in ment ioned and from t h e first

day of J a n u a r y one thousand e ight hundred and s ixty-eight prohibi ted

in t he said Camperdown Cemetery A n d whereas a t an ext raordinary general mee t ing of t he proprietors of the said Sydney Church of E n g l a n d Cemetery Company duly convened in pursuance of t he provisions of t h e hereinbefore reci ted deed of se t t lement held on the twen ty -n in th day of Februa ry one thousand e ight hundred and sixty- e ight it was resolved tha t t he said Company should be dissolved and the assets sold and the proceeds ra tably divided among t h e proprietors after deduct ing five per c e n t u m for possible claims and i t was further resolved t h a t t he land consecrated and unconsecra ted should be handed over to t h e Bishop of Sydney in t e rms of t h e said deed of se t t lement and a t a subsequent extraordinary general mee t ing of t he proprietors of t h e said Company specially convened for t he purpose t he said resolut ions were duly confirmed A n d whereas by indenture bear ing

date t h e twen ty-e igh th day of September one thousand eight hundred
and sixty-eight and made between t h e said J o h n Campbel l and Rober t
Tooth t h e Trustees of t h e said Sydney Church of E n g l a n d Cemetery Company of t he first pa r t and the said Michae l Metcalfe J a m e s Sheen Dowling Jos iah R i c h a r d Treeve and J o h n Campbel l t h e Directors of the said Company of t h e second par t and the Bishop of Sydney of t he th i rd pa r t after reci t ing to t he effect hereinbefore recited and further rec i t ing tha t the said Directors of t he said Company had in pursuance of t he resolutions herein and thereinbefore recited and in pursuance of t he powers vested in t h e m by t h e said deed of se t t lement herein and thereinbefore recited ordered and directed t he said J o h n Campbel l and Robe r t Tooth to convey u n t o t he said Bishop of Sydney t h e land and premises there in ment ioned being the said land and premises described in t he said Schedule hereto in m a n n e r thereinafter ment ioned it is witnessed t h a t in pursuance of t he covenants and provisions contained in the here in a n d thereinbefore recited indenture of the said twelfth day of J u l y one thousand eight hundred and forty-eight and by t h e order and direction of t h e Directors of t he said Sydney Church of Eng land Cemetery Company testified by their being parties to t he now

b recit ing

reci t ing inden ture and for t h e nomina l consideration there in ment ioned they t h e said J o h n Campbel l and Robe r t Tooth a t t h e reques t and by the order and direction of t he said Directors of t he said Sydney Church of E n g l a n d Cemetery Company (testified as aforesaid) did and each of t h e m did the reby g ran t barga in sell release and confirm un to t h e said Bishop of Sydney and his successors all t h a t piece of land so conveyed by t h e hereinbefore reci ted inden ture of t h e twenty- th i rd day of September one thousand e ight h u n d r e d and forty-eight and described in t h e Schedule here to as aforesaid together wi th all ways pa ths passages waters watercourses l ights easements liberties privileges advantages r ights members and appur tenances whatsoever to t he said piece of land and hered i taments belonging or apper ta in ing and the reversion and reversions remainder and remainders year ly and other rents issues and profits thereof and all t h e estate r igh t t i t le interest p roper ty c la im and demand whatsoever bo th a t law and in equi ty of t h e m t h e said J o h n Campbel l and R o b e r t Tooth of in to or out of the said premises to hold t h e said piece of land and al l and singular t h e premises thereinbefore described and the reby granted and released or in tended so to be wi th t h e appur tenances to t h e use of t h e said Bishop of Sydney and his successors for ever to for upon and subject to such t rus ts uses in t en t s and purposes as are set ou t in t h e said there in and hereinbefore recited inden ture of t h e said twelfth day of J u l y one thousand e ight hund red and forty-eight A n d whereas divers port ions of t he said land have no t been used for t he purposes of bur ia l and some of such port ions have not been consecrated A n d whereas the said unused port ions of t h e said l and are suitable for t h e erection thereon of a Church and of a residence for t h e Minis ter officiating in t he said Church A n d whereas t h e said Bishop of Sydney has been requested by or on behalf of t h e members of t h e Church of E n g l a n d resident in t he ne ighbourhood of t h e said Camperdown Cemetery to apply t he said unused port ions of t h e said land to t h e erect ion the reon of a Church for t h e use of members of t h e Church of E n g l a n d and of a residence for a Minis ter of t he Church of E n g l a n d duly appointed to officiate in t he said Church A n d whereas t he said Bishop of Sydney is desirous so far as he properly can and m a y to comply wi th such last-mentioned request and for t h a t purpose to convey the whole of t he said land and premises so vested in h i m unde r or by vi r tue of t he said inden tu re of t he said twenty-e igh th day of September one thousand eight hundred and sixty-eight as herein- before ment ioned and par t icular ly described in t he Schedule here to to t rus tees to hold t he same upon the t rus t s on which the said land and

premises are now held by him t h e said Bishop of Sydney unde r or by
v i r tue of t h e said inden tu re wi th power nevertheless for t he said
t rus tees to erect and ma in t a in upon any par t of t h e unused port ions of

t h e said l and a Church wi th t he appur tenances the reun to be longing for

t h e use of members of t h e Church of E n g l a n d and also to erect and ma in t a in upon any unconsecrated pa r t of t h e said unused port ions of t h e said l and a residence wi th t h e appur tenances the reun to be longing

for t he use of a Minis ter of t he Church	of E n g l a n d duly authorized to
officiate in t h e said Church so to be erected as aforesaid	A n d whereas

Chris topher Rol leston of Newtown gen t leman Wi l l i am Gil le t t Sedgwick

of N e w t o w n surgeon W i l l i a m Crane of Newtown gen t l eman Thomas Chapl in Brei l la t of Newtown Esqui re and Stephen Campbel l Brown of Newtown solicitor have been selected by t h e members of t he Church of E n g l a n d resident in t h e neighbourhood of t he said Camperdown Cemetery and have been approved of by t h e Bishop to act as Trustees for t h e purposes hereinbefore ment ioned and the said Chris topher Rol les ton Wi l l i am Gil let t Sedgwick Wi l l i am Crane Thomas Chapl in

Brei l la t and S tephen Campbel l B rown have consented to act as	such
Trustees accordingly	A n d whereas t he said Bishop of Sydney canno t

convey t h e said land and premises in t h e m a n n e r and upon t h e t rus t s

and for t he purposes hereinbefore ment ioned wi thou t t he au thor i ty of

the Legis lature Be it therefore enacted by the Queen 's Most Exce l len t Majesty by and wi th t h e advice and consent of t he Legislat 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 thor i ty of t he same as fo l lows:—

1. I t shall be lawful for t he Bishop of Sydney or his successors Bishops of Sydney a n d he and they is and are hereby empowered by any deed executed b y h im or t h e m to convey to t he said Chris topher Rolleston Wi l l i am Gillet t Sedgwick Wi l l i am Crane Thomas Chapl in Brei l la t and Stephen Campbel l Brown or t h e survivors or survivor of t h e m all t h a t piece of land and premises be ing the said Camperdown Cemetery as ment ioned and described in t h e Schedule hereto toge ther wi th t h e appur tenances there to be longing to hold the same to t he use of t he said Chris topher Rol les ton W i l l i a m Gillet t Sedgwick Wi l l i am Crane Thomas Chapl in Brei l lat and Stephen Campbel l Brown and the i r hei rs and assigns to for upon and subject to such t rus t s uses in ten t s and purposes as the said Bishop of Sydney now holds t he same and as arc set ou t or referred to in t he hereinbefore reci ted inden ture of the said twenty-e igh th day of September one thousand e ight hund red and s ixty-eight wi th power nevertheless to erect and ma in t a in upon any pa r t of t he said unused port ions of t he said land a Church wi th t he appur tenances the re to belonging to be approved of by t he Bishop of Sydney for the exclusive use of members of the Church of Eng land and also to erect and ma in ta in upon any unconsecra ted pa r t of t he said unused por t ions of t h e said land a sui table residence wi th t h e appur tenances there to belonging to be used possessed and enjoyed by the person who for t he t ime-being shall be duly licensed by t h e Bishop of Sydney for t he t ime-being to officiate in t h e said Church so to be erected as aforesaid a n d so long as t he license under which the said person so officiates as aforesaid shall be in full force and unrevoked.

2. Wheneve r t h e said Chris topher Rol les ton Wi l l i am Gil let t

Sedgwick Wi l l i am Crane Thomas Chaplin Brei l la t and S tephen Campbel l Brown or any of t h e m or any Trustees or Trustee to be appointed as hereinafter is ment ioned shall die or desire to be discharged or refuse or become unfit or incapable to ac t in t h e t rus t s or powers hereby reposed in t h e m or h i m t h e n i t shall be lawful for t he surviving or con t inu ing Trustees or Trustee for t he t ime-being or t he ac t ing executors or adminis - t ra tors of t he last surviving or cont inuing Trustee or for t he last re t i r ing Trustee by i n s t rumen t in wr i t ing to appoint any new Trustees or Trustee in t he place of t he Trustees or Trustee so dying or desiring to be dis- charged or refusing or becoming unfit or incapable to act as aforesaid. SCHEDULE.

ALL that piece of land parcel of the Camperdown Estate near the City of Sydney contain-

ing by admeasurement twelve acres and three roods more or less the boundaries whereof commence and are as follows that is to say—Commencing at the southern angle of block five or C. Smith's six-acre purchase and bounded towards the north-west by that land being a line bearing east thirty-one degrees thirty minutes north seven hundred and eighty feet nine inches to the Camperdown Road towards the north-east by that road being a line south twenty-one degrees thirty minutes east six hundred and thirty-nine feet six inches to the northern angle of Benson's land towards the south-east by Benson's land being a line bearing west thirty-one degrees thirty minutes south one hundred and thirty-two feet again towards the north-east by Benson's land being a line bearing south thirty- one degrees thirty minutes cast eighty-two feet six inches to Charles-street on the south- west by Charles-street being a line bearing west thirty-one degrees thirty minutes south six hundred and fifty-three feet nine inches to land known as Rowley's grant and lastly by that land being a line bearing north thirty-one degrees thirty minutes west seven hundred and twenty-two feet to the commencing point which said piece of land is a portion of lots one two three and four of the Camperdown Estate as laid down in a plan thereof exhibited at a public sale in the month of April one thousand eight hundred and forty.

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