Christ Church Parsonage Trustees Act 1852 No ccp (NSW)

An Act to enable the Trustees of Christ Church and the Parsonage adjoining in the City of Sydney to dispose of and convey either by way of absolute sale or by exchange or to demise or lease the Site of such Parsonage and to purchase or erect another Parsonage in a more convenient situation in the said Parish and for other purposes therein men­ tioned. [21st December, 1852.]

two H e r Majesty Queen Victor ia did g ran t u n t o t he Lord Bishop of	WH E R E A S by two several deeds of g ran t bear ing date respectively the n i n t h day of M a y one thousand e ight h u n d r e d and forty-
Aus t ra l i a now Bishop of Sydney Wi l l i am H e n r y K e r r Prosper Demestre J o h n Bet ts and Michael Metcalfe there in described as be ing Trustees respectively nomina ted and appointed by v i r tue of an Act of the Governor and Legislat ive Council of t he Terr i tory passed in t he e ighth year of H i s la te Majesty K i n g Wi l l i am the Four th int i tuled " An Act to regulate the Temporal Affairs of Churches and Chapels of " the United Church of England and Ireland in New South Wales" thei r hei rs and assigns for ever two roods and twenty-five perches of land more or less s i tuate in t h e county of Cumber land par ish of St. Lawrence town (now city) of Sydney bounded on t h e west by the line of George- s t reet bear ing south six decrees west two h u n d r e d l inks on the south by a l ine bear ing east six degrees south two hundred and seventy-eight l inks on the west by a road bear ing n o r t h th i r ty-four degrees forty-five minu te s east two h u n d r e d and twenty-e ight l inks and on t h e n o r t h by a l ine bear ing west six degrees t h r ee hund red and e ighty-nine l inks be ing the a l lo tment advert ised as n u m b e r twen ty- th ree in t he Govern­ m e n t not ice dated e igh th F e b r u a r y one thousand e ight h u n d r e d and forty-two and also one rood twenty-five perches and t h e half of a perch of land more or less s i tuate as aforesaid and bounded on the west by t he l ine of George-street bear ing south six degrees west two hund red and ninety-one l inks on t h e south by a l ine bea r ing east six degrees south s ixty-three l inks on the east by a s t reet bear ing no r th
thir ty-four degrees th i r ty minu te s east t h ree hund red and twenty-e ight
l inks and on the n o r t h by a l ine bear ing west six degrees no r th two hundred and twenty-one l inks be ing the a l lo tment advert ised as n u m b e r twenty-four in t he said Government not ice upon t ru s t as to the said two roods and twenty-five perches for t h e erection thereon of a Church of the Un i t ed Church of E n g l a n d and I r e l and as by law established and as to t he said one rood twenty-five perches and one half of a perch upon t ru s t for t he appropr ia t ion thereof as the site of a dwell ing-house ga rden and other appur tenances for t h e c le rgyman duly appointed to officiate in t he said Church in conformity wi th t he provisions of t he said A c t and of a cer ta in other Ac t of the Governor and Legislat ive Council of

of t he said ter r i tory made and passed in t h e seventh year of the re ign of H i s said la te Majesty K i n g Wi l l i am the F o u r t h in t i tu led "An Act to pro- " mote the building of Churches and Chapels and to provide for the main- " tenance of Ministers of Religion in New South Wales " A n d whereas a Church of the said Uni ted Church consecrated and k n o w n as Christ Church and a dwell ing-house for t he c lergyman of t he said Church have been erected the said Church in pa r t on other land and in pa r t on t h e site g ran ted for t he dwell ing-house and garden aforesaid and t h e said dwell ing-house or Parsonage on the site g ran ted for t he Church A n d whereas such change of sites as aforesaid has been consented to by the Crown and i t has been deemed beneficial to dispose of t he said dwelling- house wi th t he said garden and appur tenances and out of the proceeds to arise from such disposition c i ther to purchase or to bui ld a more; eligible Parsonage in l ieu of the said dwell ing-house in a more sui table s i tuat ion wi th in t he said par ish and also to provide a fund towards t h e complet ion of t he said Church the repairs thereof or such other purposes in connect ion the rewi th as hereinafter ment ioned A n d whereas t he Trus tees named in t he said g ran t s wi th the exception of t he said Bishop of Sydney Wi l l i am H e n r y K e r r and Michae l Metcalfe have depar ted th is life and the said Wi l l i am H e n r y K e r r (never hav ing acted in the said t rus t s ) has ceased to reside wi th in the said Colony A n d whereas no n e w Trustees hav ing been appointed in t h e place of t he Trustees so dy ing and absent as aforesaid according to t he provisions of t he said f irst-mentioned Ac t t h e r i gh t of nomina t ion of such new Trustees some t ime since lapsed to the said Bishop A n d whereas by wr i t ing

unde r his Episcopal seal t he said Bishop h a t h nominated	E d m u n d
Thomas Blacket Thomas Woolley and Michael E g a n M u r n i n	Trustees
of t he said Church and minis te r ' s dwell ing-house jo int ly w i th t h e	said

surviving a n d con t inu ing Trus tees Be i t therefore enacted by H i s Excel lency t h e Governor of N e w South Wales by and wi th t he advice a n d consent of t he Legislat ive Council thereof as follows—

1. The lands assured by t h e said two several reci ted g ran t s respectively as t h e same are now fenced in and occupied by the con­ t i nu ing Trus tees of t h e said Church and Parsonage wi th all bui ldings thereon shall from and immediate ly after t he pass ing of th i s Act and wi thou t t h e execut ion of any conveyance or other assurance thereof become vested in the said E d m u n d Thomas Blacket Thomas Woolley and Michael E g a n M u r n i n jo in t ly wi th t he said Bishop of Sydney and Michael Metcalfe as the Trus tees thereof for t he purposes in the said two several Ac ts hereinbefore ment ioned or referred to b u t wi th power

t he t ime be ing of t h e said C h u r c h Parsonage lands and heredi taments

nevertheless for any th ree of t h e said Trustees or other t h e Trus tees for

to sell and dispose of t he said two roods and twenty-five perches of land first hereinbefore described wi th t he dwell ing-house and bui ld ings now thereon ei ther by publ ic auct ion or pr ivate cont rac t and ei ther in one lot or several lots as they shall t h i n k most expedient for such prices as can be reasonably got for t he same and when sold to convey t h e same or any pa r t s thereof to t he purchaser or purchasers the i r or h is heirs or assigns freed and discharged from the t r u s t created by t h e said reci ted g ran t s or any of t h e m or to exchange for o ther he red i taments in t h e said par ish all or any pa r t of t he said two roods and twenty-five perches of land dwell ing-house hered i taments and bui ld ings and also for t he said Trus tees upon any such exchange to receive any money by way of equal i ty of exchange and to demise all or any p a r t of t he same premises for any t e rms or t e r m no t exceeding sixty years on bui lding or o ther leases and thereaf ter to sell or exchange the same in m a n n e r aforesaid subject to any such leases or lease freed and dis­ charged from t h e t r u s t s affecting t he same premises or any par t thereof respectively.

2. W h e n any moneys shall arise from any such sale or by way of equal i ty of exchange t h e same shall be paid to t he Colonial Trea­ surer to t h e credit of t he said Trus tees for the t ime be ing and t h e receipt of t he Colonial Treasurer shall be a sufficient discharge to t h e purchaser or purchasers of t he said land and bui ld ings or any p a r t or pa r t s thereof or the person or persons otherwise pay ing the same by v i r tue of th is Ac t and shall wholly exonerate h i m or t h e m from seeing to t h e appl icat ion thereof and from all l iability as to t h e mis-appli­

cat ion or non-appl icat ion thereof.

3.    I t shall be lawful for the Trustees for t h e t ime be ing of the said

lands and they are hereby authorized and empowered to accept a g ran t or gift of other sui table freehold land wi th in t he said par ish either with or wi thou t bui ldings erected thereon as t h e site or for the pur­ poses of such new or other Parsonage as aforesaid a n d to apply t h e moneys which may be raised or received by sale or exchange of all or any par t of t he land dwell ing-house ami he red i t aments so hereby author ized to be sold as aforesaid ei ther in the adapta t ion of such bui ld ings for or in the erection of a new Parsonage on any land to be so g ran ted or given as aforesaid or in t he purchase of any freehold dwell ing-house in the said par ish wi th a ga rden offices and appur te ­ nances sui table for t h e c lergyman of t he said Church or in the pur­ chase; of freehold land in t he said parish and in t he erect ion the reon of a dwell ing-house wi th t he appur t enances suitable for such Parsonage as aforesaid Provided always t ha t any land so granted given or purchased as aforesaid when conveyed shall vest in t h e Trus tees here­ inbefore named or o ther t he Trustees of t he said C h u r c h and Parsonage for t he t ime being upon the t rus ts and for t h e purposes in t he said two several Ac t s hereinbefore ment ioned declared in reference to lands appropr ia ted as sites for dwelling-houses for c le rgymen of the said U n i t e d Church Provided also t h a t i t shall be lawful for t he said Trustees or the Trustees for the t ime being of t he said Church and Parsonage to receive and apply any ren ts which may arise from the said laird and hered i taments so author ized to be sold un t i l sold in t he r e n t i n g of any house; suitable for such Parsonage as aforesaid and as to any surplus of the moneys to be raised or received by sale or exchange of all or any par t of t he said premises so hereby authorized to be sold which after the applicat ion of t he proceeds of such sale or exchange as hereinbefore directed in t he erect ion of a new and suitable dwell ing-house for such c le rgyman as aforesaid m a y remain unexpended by the said Trus tees i t shall be lawful for t h e m or any th ree of t h e m of t he fabric of t h e said Church or in the repairs thereof or for such to apply t he same in or towards ei ther t h e complet ion o ther purpose in connect ion wi th t h e said U n i t e d Church as t h e

c le rgyman of t h e said Church and the said Trustees or t he Trus tees of t h e said Church and Parsonage for t h e t ime be ing wi th t he consent of t he Bishop of the diocese shall de termine .

4. The drafts of t he said Trustees or any th ree of t h e m on the Colonial Treasurer pu rpo r t ing to be for all or any of such last- ment ioned purposes and to be d rawn by such Trus tees as such shall bo sufficient discharges to t h e said Colonial Treasurer for all and every sums and sum of money as shall be there in expressed and as shall have been paid in pur suance thereof and the said Colonial Treasurer shall not be responsible in respect of any mis-applicat ion or non-applicat ion of any money so paid by h im on any such draft.

2 H An