Church and School Lands Dedication Act 1880 No 40a (NSW)
A N N O Q U A D R A G E S I M O Q U A R T O
| VICTORIA | R E G I M E |
No. XIX.
An Act to declare the entire management and control of the lands commonly known as the "Church and School Lands" and the appropriation of the income derived there from vested in the Legislature of this Colony and that from and after the thirty- first day of December one thousand eight hundred and eighty-two all such lands and income shall be respectively held and applied for the purposes of Public Instruc
tion only. [Reserved—30th June, 1880.]
| WH E R E A S | bear ing da te t h e n i n t h | day of M a r c h one thousand | e ight | h u n d r e d |
b y Le t te r s P a t e n t u n d e r t h e Grea t Seal of t h e Colony
| and twenty-s ix i t was declared t h a t t h e persons the re in named | and |
the i r successors should be a body poli t ic and corporate w i t h perpe tua l succession and a common seal by t h e n a m e of " The Trustees of the Clergy and School Lands in t he Colony of N e w South W a l e s " and t h e said Corporat ion was empowered a m o n g s t o ther th ings to sell a n d g r a n t leases of such lands as should be g ran ted by the Crown to t he said Corporat ion subject to t he l imi ta t ions and provisions there in expressed A n d i t was directed t h a t t he purchase moneys and rents acc ru ing from all lands so sold or leased should be paid to t h e Pub l i c Treasurer of t h e said Colony A n d i t was by the said char te r directed and ordained t h a t
2 L t he t h e ne t ba lance appear ing a t each a n n u a l t a k i n g of accounts should after t h e p a y m e n t of salaries and expenses be divided in to two equal pa r t s and be carried to t he credit of two accounts one to be called t he " I m p r o v e m e n t and Bui ld ing A c c o u n t " t h e o ther t h e
" Clergy and School A c c o u n t " A n d i t was fu r the r provided t h a t t he
money s tand ing to t h e credit of t h e I m p r o v e m e n t and Bui ld ing
Accoun t should be applied b y the Corporat ion in m a k i n g roads drains or sewers t h e erection a n d repai r of churches parsonages school-houses and of fa rms houses and bui ld ings and the p e r m a n e n t improvement of t he Corporat ion lands a n d t h a t t h e money from t ime to t ime r ema in ing to t h e credit of t he Clergy and School Accoun t should be applied a n d expended by t h e said Corporat ion in and towards t h e ma in t enance and suppor t of t he clergy of t he Establ ished Church of E n g l a n d in t he said Colony and t h e ma in tenance and suppor t of schools and school mas te r s according to t he ru les and subject to t he conditions there in after in t h a t behalf prescribed A n d i t was f u r the r directed t h a t t h a t pa r t of t h e moneys so to be applied for t h e suppor t of t h e c lergy should be so applied firstly in p a y m e n t of such st ipends as m i g h t be g ran ted by t h e Crown to any bishop or bishops archdeacon or arch deacons wi th in t h e said Colony and secondly in p a y m e n t of such st ipends as m i g h t be g ran ted in l ike m a n n e r to t he chapla ins or c lergy of t h e said Colony a n d t h a t t h a t pa r t of t h e moneys so to be applied towards t h e suppor t and main tenance of schools a n d schoolmasters should be applied in and towards t h e ma in t enance of schools and schoolmasters in any parish in t he said Colony in connect ion wi th t he Es tab l i shed Church and unde r and subject to t h e vis i ta t ion and control of t h e b ishop or in his absence t h e archdeacon for t h e t ime being of t he said Colony and t h a t such schools should be subject to t h e order direct ion super in tendence and control of t he c l e rgyman or min is te r for t h e t ime being officiating in t he c h u r c h of and be longing to t h e par ish in which a n y such school m i g h t be established A n d whereas i t was by t h e said Char te r fu r the r declared t h a t al l lands set apar t for t h e ma in tenance and educat ion of o rphans and such par t of t h e revenue of t he Colony as had been or m i g h t be set apa r t for t h e educat ion of y o u t h there in were vested in a n d placed under the m a n a g e m e n t of t h e said Corporat ion to be by t h e m applied and disposed of in aid of t h e funds aforesaid in and towards t h e educa t ion of y o u t h in t he said Colony in t h e principles of t he Establ ished C h u r c h And whereas by the said Char te r i t was provided t h a t it should be lawful for H i s Majes ty H i s He i r s and Successors by any order to be issued for t h a t purpose w i t h t h e advice of t h e P r ivy
Counci l to dissolve a n d p u t a n end to t he said Corporat ion in case i t
should appear expedient so to do and t h a t t he reupon al l t he lands which m i g h t be so g ran ted as aforesaid to t h e said Corporat ion should rever t and become absolute ly vested in H i s Majes ty H i s He i r s and Successors subject to all mor tgages and contracts for t h e sale thereof lawful ly made by the said Corporat ion to be held applied and disposed of in such m a n n e r as to H i s Majesty H i s He i r s and Successors should appear most conducive to t he ma in t enance and promot ion of rel igion a n d the educa t ion of y o u t h in t h e said Colony A n d also t h a t it should be lawful for H i s Majes ty H i s He i r s a n d Successors from t ime to t i m e as occasion m i g h t requi re to revoke a l ter or va ry any of t h e provisions declarat ions and condit ions or regula t ions in t h e said Char te r contained
and in t he i r place and stead to establ ish i n s t i t u t e and ordain such
other fur ther rules orders and provisions for the be t t e r conduct of t h e affairs of t h e said Corporat ion or for t he be t te r r egu la t ing the const i tu t ion thereof or o therwise in respect to t he m a t t e r aforesaid or any of t h e m as to H i s Majes ty H i s H e i r s and Successors m i g h t seem m e e t
A n d whereas i t was by the said Char te r declared t h a t all a n d every
t h e
t he lands and t enemen t s wi th in t he said Colony theretofore appro pr ia ted a n d set apar t by t he former Governors of t he said Colony or any of t h e m for t he ma in t enance and educat ion of m a l e or female orphans and t h a t cer ta in revenues there in referred to should be vested in and placed u n d e r t h e m a n a g e m e n t care and super in tendence of t he said Corporat ion to be by t h e m applied and disposed of in aid of the funds thereinbefore ment ioned in and towards t h e educat ion of y o u t h in t h e said Colony in t h e pr inciples of t he Establ ished C h u r c h A n d whereas by a n A c t passed in t h e seventh year of t he re ign of
His Majes ty K i n g George the F o u r t h in t i tu led " An Act for vesting
the Orphan School Estates in the Trustees of the Clergy and School Lands in the Colony of New South Wales and for duly governing the Children at School and in Apprenticeship " i t was enacted t h a t t he several parcels of land there in described or referred to be longing to the O r p h a n School the re in ment ioned b y v i r tue of t he several deeds of g ran t the re in reci ted a n d all t h e es ta te r i g h t and t i t le in law or equi ty the re to should be a n d the same were the reby vested in t he said t rus tees of t he Clergy and School L a n d s and the i r successors for ever A n d cer ta in powers were there inaf ter conferred u p o n t he said Trustees for t h e regula t ion and government of t he schools and chi ldren in t he said A c t ment ioned A n d whereas in pur suance of the said Char te r cer ta in lands were from t ime to t ime g ran ted by the Crown to t he said Corporat ion for t h e purpose of m a k i n g provision for the ma in t enance a n d promot ion of religion and t h e educat ion of you th in t he said Colony b u t subject in all respects to t he provisions declarat ions and regula t ions in t h e said Char ter contained A n d whereas by a n ins t ru m e n t unde r t he h a n d of Governor Sir R a l p h D a r l i n g and the Great Seal of t h e said Colony dated t h e first day of J a n u a r y one thousand e ight hund red a n d th i r ty -one and p u r p o r t i n g to be made in pursuance of t he provision in t he said Char te r in t h a t behalf contained t he several provisions declarat ions condit ions and regula t ions conta ined in the said Le t t e r s P a t e n t of t he n i n t h day of M a r c h one thousand e igh t hund red and twenty-s ix were revoked and declared to be nu l l and void a n d t he m a n a g e m e n t of t h e affairs of t he said Corporation was delegated to cer ta in named Commissioners who were to be guided in t he perform ance of the i r duties b y Rules and Orders to be issued by t h e Governor or admin i s t ra to r for t he t i m e be ing wi th t he advice of t he Execu t ive
| Counci l | A n d whereas by an Order in Counci l of H i s l a te | Majes ty |
| K i n g | W i l l i a m | t h e | F o u r t h | made | on | the | four th | day | of | F e b r u a r y |
| one | thousand | e igh t | h u n d r e d | and | th i r ty - th ree | H i s | said | Majesty |
did in pur suance of the power hereinbefore referred to dissolve
| and p u t a n end to t h e said Corporat ion A n d whereas by an Ac t |
passed in the fifth year of H i s said Majes ty ' s reign in t i tu led " An
Act for regulating the affairs of the late Corporation of the Trustees of the Clergy and School Lands and to secure to the Purchasers their Titles to certain Lands purchased by them from the said Corporation'''' after rec i t ing t he said Order in Council dissolving t h e said Corporat ion i t was amongs t other t h ings declared and enacted t h a t all proper ty of any k ind or description which belonged to t h e said Corporat ion a t t h e t ime of its dissolution became and were the reupon vested in H i s Majes ty in r igh t of H i s Crown of E n g l a n d and were then vested in H i s Majes ty H i s Hei rs and Successors A n d whereas since t he said dissolut ion t h e a n n u a l income ar is ing from sales or leases of t he said lands g ran ted to or vested in t h e said Corporat ion as well in respect of t he Clergy and School L a n d s as of the Orphan School Es ta t e s has been paid to t h e Colonial Treasurer for t h e t ime being and has been blended in one fund and has been applied and apport ioned in pursuance of ins t ruct ions received from t ime to t i m e from t h e Secretary of
| Sta te for | the Colonies | in p a y m e n t in t he propor t ion of | five-sevenths |
of
of such income to minis te rs of t he Church of E n g l a n d of t h e
Roman Cathol ic C h u r c h t h e Presby te r i an C h u r c h of Scotland a n d of
t h e W e s l e y a n Methodis t s and in t he proport ion of two-sevenths thereof to t h e lawful au thor i ty en t rus ted for t he t i m e being w i t h t he expendi t u r e of publ ic moneys for t h e purposes of publ ic ins t ruc t ion A n d whereas in the year one t housand e igh t hund red and sixty-four it was decided b y t h e Supreme Cour t t h a t t h e Clergy and School Lands g ran t ed to t h e said Corpora t ion did not on t he dissolution thereof become waste lands of t h e Crown a n d disposable as such b u t h a d rever ted to a n d become vested in t h e Crown in t r u s t for t h e ma in
tenance and promot ion of religion a n d t h e educat ion of y o u t h in the
said Colony A n d t h a t t h e said t rus t was not void for unce r t a in ty a n d was for a religious or char i table purpose A n d i t was also by t h e said Cour t held t h a t t he proceeds of sales of a n d o ther t h e income derived from t h e said lands did not form pa r t of t h e Consolidated R e v e n u e F u n d A n d whereas the system of appor t ionment of t h e said proceeds a n d income hereinbefore described has been followed since t h e year one thousand e ight h u n d r e d and sixty-four u p to t h e present t ime b u t i t is expedient t h a t t h e same should after t he thir ty-first day of December in t h e year one thousand e ight h u n d r e d and e ighty- two be discont inued a n d t h a t t h e whole income thereaf te r derivable from t h e said Clergy and School Lands and Orphan School Es ta t e s should be dedicated as a pe rpe tua l endowment in aid of P u b l i c In s t ruc t i on b u t
subjec t to t h e provisions a n d conditions hereinafter expressed Be i t therefore enacted by t h e Queen ' s Most Exce l l en t Majes ty by and w i t h
t h e advice a n d consent of the Legis la t ive Council and Legis la t ive
Assembly of N e w South W a l e s in P a r l i a m e n t assembled a n d by the au thor i ty of t he same as follows :—
1. This A c t m a y be cited as t h e " C h u r c h and School L a n d s
Dedica t ion A c t 1880 " and in i ts cons t ruc t ion t h e word " Char te r "
means t he hereinbefore in p a r t reci ted Le t t e r s P a t e n t of t h e n i n t h day of
M a r c h one thousand e ight h u n d r e d and twen ty - s ix—the word " M i n i s t e r "
means t he responsible Min i s te r for t he t i m e be ing charged wi th t he adminis t ra t ion of t h e D e p a r t m e n t of P u b l i c I n s t r u c t i o n or in respect of leasing or o ther deal ing wi th a n y specific class of lands men t ioned in section e ight hereof such responsible Min is te r as t he Governor m a y
from t ime to t ime by notification in t h e Gazette declare to be t h e
Minis te r charged w i t h t h e adminis t ra t ion of such class of l ands—the
word " G o v e r n o r " means t he Governor wi th t he advice of t he Execu t i ve
Counci l and t h e expression " C h u r c h and School L a n d s " is used as
equiva lent in m e a n i n g to " Clergy and School L a n d s . "
2. U p o n the pass ing of th i s A c t t he unrepea led por t ions of t h e
A c t seventh George t he four th n u m b e r four in t i tu led " An Act for
vesting the Orphan School Estates in the Trustees of the Clergy and School Lands in the Colony of New South Wales and for duly governing
the Children at School and in Apprenticeship" and t h e A c t passed in t he fifth W i l l i a m t h e Four th in t i tu led "An Act for regulating the affairs of the late Corporation of the Trustees of the Clergy and School Lands and to secure to the Purchasers their Titles to certain
Lands purchased by them from the said Corporation''' shall be repealed
b u t wi thou t prejudice to t h e pas t operat ion thereof. 3 . A l l sales and leases as well as all Cont rac ts and Agreemen t s made or entered in to before t he passing of th i s A c t of or in respect of l and comprised in a n y g ran t or conveyance m a d e to t h e Corporat ion of t h e Trustees of t h e Clergy and School L a n d s in t h e Colony of N e w Sou th W a l e s or in any g ran t or conveyance m a d e to t h e
Commit tee of t h e E e m a l e O r p h a n Ins t i t u t i on arc hereby declared to
be valid and effectual to all i n t en t s and purposes whatsoever Provided
t h a t al l powers and author i t ies g ran ted or reserved to t h e A g e n t
of
of the C h u r c h and School Lands by any such lease shall af ter t he passing of th is A c t be exercisable only by t h e Minis te r or such person or persons as m a y be duly author ized by h i m in t h a t behalf A n d t h a t all r en t s reserved in any such lease shall after t he said t ime be paid to t h e Colonial Treasurer and be applied for t he purposes of th is A c t Provided also t h a t if t h e r en t reserved on any lease made after t he thir ty-f i rs t day of December one thousand e ight hundred and seventy- n ine shall be in a r rear a n d unpa id for a period of twenty-e igh t days after t he commencemen t of th is A c t or if any person in occupat ion of any l and ly ing wi th in t h e boundar ies of any por t ion or port ions described in t h e said Schedule shall for a l ike period fail to pay r e n t for t h e por t ion of land occupied by h im in t e rms of t he Conditions of Sale of Leases of Church and School lands for t h e year one thousand e ight hundred and e igh ty as notified in t he Gazette t h e n the in teres t of such defaul t ing lessee or occupant as t he case m a y be shall t he reupon cease and de te rmine and the land comprised in any such lease or unde r such occupat ion may the reupon be leased unde r t he provisions of th is A c t b u t t he r e n t shall be applied as provided in sections five and six hereof.
4. U p o n the passing of this A c t t h e en t i re m a n a g e m e n t and
control of and appropr ia t ion of t h e income derived or to be derived from the lands described in t he Schedule here to (which said lands comprise or a r e in tended to comprise t h e whole of t h e unsold port ions or parcels of land g ran ted to or vested in t he said Corporation upon the t rus t s declared b y t h e Char ter ) a re hereby declared to be vested in t he Legis la ture of th i s Colony and the t rus t s and other provisions and conditions contained in t he said Char te r and in any g ran t or assurance of lands m a d e to t h e said Corporat ion or Commit tee so far as t he same m i g h t be considered as subsis t ing and incident to the various parcels of land described in t he said Schedule or any of t h e m are hereby wholly abrogated and revoked subject
| nevertheless to t h e conditions and qualifications | following v iz . :— |
( 1 . )
N o t h i n g in this A c t contained shall be deemed to prejudice or affect any lease or ag reemen t for a lease of or o ther obligation affecting any such lands as aforesaid m a d e or entered in to
before t h e passing of th i s Act .
(2.) I t shall be lawful for t h e Governor b y notification in t he Gazette to declare t h a t any parcel of land no t included wi th in a n y of the several descriptions contained in t h e said Schedule b u t found to be in fact a port ion of t he unsold residue of land comprised in some g r a n t to t he said Trustees of t he Clergy and School L a n d s or in t he O r p h a n School G r an t ment ioned in t h e said Schedule shall be added to the said Schedule accord ing to t h e description of such parcel as specified in the said notification and the reupon such parcel shall fall w i t h t he operat ion of th is A c t to all in ten ts and purposes. (3.) I t shall be lawful for t h e Governor b y a l ike notification to w i t h d r a w any parcel of land to be the re in described from the said Schedule a n d the operat ion of this Ac t if such parcel shall be found to have been in fact al ienated or cont rac ted to be sold before t h e pass ing of th is Ac t .
(4.) N o t h i n g in th is A c t contained shall ex tend to prejudice or affect any person c la iming t i t le to land comprised wi th in a n y description in t h e said Schedule nor to affect t h e r i gh t of H e r Majes ty to a n y l and claimed as por t ion of t he unsold residue of any such g r a n t as aforesaid.
5. D u r i n g t h e in te rva l be tween the da te of t h e passing of th is Ac t
and the thir ty-f i rs t day of December in t he year one thousand e ight hundred and e ighty- two the whole of t h e a n n u a l income derived from the land described in t h e said Schedule (whether from leases or by w a y of ren t or from inves tments or otherwise howsoever) together w i t h t h e
a n n u a l
a n n u a l income derived from any inves tments of t h e proceeds of sales or leases of t h e Clergy and School or O r p h a n School Lands m a d e before
t h e passing of th i s A c t shall be appl ied in t h e following m a n n e r :— (1.)
A s u m equa l to t h e whole a m o u n t d is t r ibuted du r ing t h e year one thousand e ight hund red a n d seventy-nine a m o n g t h e rel igious denominat ions of t h e C h u r c h of E n g l a n d — T h e
R o m a n Catholic C h u r c h — T h e Presbyte r ian Church of Scot
l a n d — a n d t h e Wes l eyan Methodis t s—shal l cont inue to be
d is t r ibuted out of such income as aforesaid a m o n g such
denominat ions d u r i n g the said in te rva l and shall be paid in
t h e same m a n n e r a n d according to t h e same propor t ion as
in t h e said las t ment ioned year .
(2.) The whole residue of t he income r ema in ing after such distri bu t ion shall d u r i n g t h e
l ike
in te rva l be paid annua l ly to
t h e
Colonial Treasurer to be applied by h i m in t h e m a n n e r and for t h e purposes expressed b y the section n e x t following.
6. F rom and after t h e thir ty-first day of December in t he year one thousand e ight h u n d r e d and e ighty- two the appropr ia t ion of any por t ion of such income as aforesaid shal l cease A n d thereaf ter t he whole income derived f rom the lands described in t he said Schedule (whether from leases or b y way of r e n t or from inves tments or otherwise howsoever) as well as t h e whole income derived from any inves tments of t h e proceeds of sales or leases of the Clergy a n d School or O r p h a n School L a n d s m a d e before t h e pass ing of th is A c t or hereafter to be m a d e shal l be paid to t h e Colonial Treasure r and be by h i m carried to t h e credit of an account to be called t h e " P u b l i c I n s t r u c t i o n E n d o w m e n t Accoun t " and shall be applied in aid of t h e P u b l i c Schools of t h e Colony and in suppor t of t he State Sys tem of P u b l i c In s t ruc t i on and for no other purpose whatsoever .
7. After t h e pass ing of th is A c t no port ion of t h e lands described
in t h e said Schedule shall be al ienated b u t t he same shal l be holden b y H e r Majes ty for t h e purposes of th is A c t only b u t subject to t h e powers of leasing and of issuing licenses for t h e cu t t i ng a n d removal of t imber a n d other mater ia l growing or be ing thereon or herein as hereinaf ter provided.
8. I t shall be lawful for t he Governor to cause a classification of t h e lands described in t he said Schedule to be m a d e as soon as prac t icable after t h e pass ing of this A c t A n d for t he purposes of such classification t h e said lands m a y be divided in to t he following classes—
Class I — L a n d s suitable for Towns or Villages or for Bui ld ing purposes or Vil la Residences
Class I I — L a n d s sui table for ca r ry ing on M a n u f a c t u r e s
Class I I I — L a n d s sui table for M i n i n g operations
Class I V — L a n d s sui table for Agr i cu l t u r a l purposes
Class V — L a n d s sui table only for Pas tora l Lease
Class V I — L a n d s sui table only or ma in ly for providing T imber
Stone Grave l or o ther l ike mater ia l
Provided always t h a t i t shall be lawful for t he Governor on t h e recom menda t ion of t h e Minis te r to a l ter any such classification and to remove any such lands from one class to ano ther if he shall t h i n k fit to do so.
9. I t shal l be lawful for t h e Minis te r if he shall deem it proper and consistent w i t h t h e publ ic in teres t b u t subject to t h e provisions and restr ict ions in th is A c t conta ined to g ran t leases of any lands described in t he said Schedule or of any r igh t s or privileges over or affecting any such lands for any purpose whatsoever by publ ic auc t ion in t h e first ins tance or by pr iva te cont rac t after h a v i n g been twice
offered a t auc t ion a n d w h e t h e r involving waste or not provided t h e following conditions be observed—
(1.) E v e r y such lease shall be m a d e to t ake effect in possession a t or wi th in one year n e x t after the m a k i n g thereof and
shal l
shal l be for a t e r m of years no t exceeding for a n ag r i cu l tu ra l or graz ing lease twen ty -one years and for a m i n i n g lease or a lease of a n y r ights or easements forty years and for a repa i r ing lease s ixty years a n d for a bu i ld ing lease n ine ty-
n ine years Provided a lways t h a t any such lease may be for a less t e r m of years .
(2.) On every such lease shall be reserved the best r en t or reser vat ion in t h e n a t u r e of ren t ci ther uni form or no t t h a t can be reasonably obtained to be made payable half-yearly or oftener w i thou t t ak ing any fine or other benefit in t he n a t u r e of a fine Provided always t h a t in t h e case of a m i n i n g lease a repa i r ing lease or a bu i ld ing lease a peppercorn ren t or any smaller r en t t h a n the r en t to be u l t ima te ly made payable m a y if t h e Governor t h inks fit so to direct be made payable du r ing all or a n y p a r t of t he first five years of t he t e r m of t he lease.
(3.) N o such lease shal l unless t he lessee shall be t he holder of a t imber license unde r th is A c t authorize t h e felling of a n y t rees except so far as shall be necessary for t h e purpose of clearing t h e g round for any bui ldings excavat ions or o ther works author ized by the lease.
(4.) E v e r y such lease shall be by deed and the lessee shall execute a counte rpar t thereof a n d every such lease shall contain a condit ion for re -en t ry on non -paymen t of t h e r e n t for a period of twen ty -e igh t days after it becomes due or for some less period to be specified in t h a t behalf.
10. Subject and in addi t ion to t h e condit ions hereinbefore
| ment ioned every such lease; shal l conta in such covenants | condit ions |
| and s t ipula t ions as t he Governor shall deem expedient w i th | reference |
| to t he special c i rcumstances of the demise. |
1 1 . The power to author ize leases conferred by th is A c t shall
ex tend to au thor ize leases ei ther of t he whole or any par ts of t he land described in the said Schedule and m a y be exercised from t ime to t ime .
12. A n y leases whe the r g ran ted in pur suance of this A c t or o therwise m a y be sur rendered e i ther for t he purpose of obta in ing a renewal of t he same or not and t h e power to author ize leases conferred by th is A c t shall ex tend to author ize new leases of t he whole or any p a r t of t he he red i t aments comprised in any surrendered lease.
1 3 . I t shall be lawful for t h e Min is te r to issue licenses for t he
c u t t i n g and removal of t imber on any such lands as aforesaid if
comprised in Class V I of t he classification hereinbefore described and
| to issue licenses for t he removal of s tone gravel or other l ike mater ia l | from any such lands A n d the scale of fees to be paid for all such | ||||
| licenses a n d the mode and t imes of paymen t thereof t he area over which and m a n n e r in which such licenses m a y be exercised and all o ther condit ions and provisions re la t ing there to shall be prescribed and may be declared b y regula t ions to be made as hereinafter provided. | |||||
| 14. I t shall be lawful for t h e Governor on the recommendat ion of t he Min i s te r whenever i t shall appear to t he publ ic interest so to do from t ime to t ime to direct t h a t any p a r t of the lands described in t h e said Schedule be laid out for roads s t reets lanes pa ths or bur ia l g rounds or for squares gardens or other places of publ ic recreat ion or public; hospitals or for sewerage or drainage or for watercourses or the s torage of wa te r A n d it shall be lawful for the Governor by notification in | |||||
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| purposes aforesaid A n d the expenses incur red in laying out any such l and for any of such purposes shall be defrayed out of the ren t s or o ther income derived from t h e said lands. |
15. I t shall he lawful for t h e Governor to appoin t such and so
m a n y persons as h e m a y t h i n k necessary as agents r ange r s bailiffs or in a n y other capaci ty in connection w i t h t h e land described in t he said Schedule so as to provide for t h e due m a n a g e m e n t and supervis ion thereof A n d all such persons so appointed shall be paid by such salary or fees to be charged u p o n t h e income derived from the said
lands as m a y be approved by Par l i amen t . 16. I t shall be lawful for t h e Governor subject to t he provisions
of th is A c t to f rame Regu la t ions prescr ibing t he t imes and places where
and t h e persons t o w h o m t h e ren ts reserved on the lease of a n y such
lands shall be pa id t he forms of a n y leases to be gran ted u n d e r th i s
A c t and t h e covenants a n d conditions t o be conta ined the re in of sur renders of any such leases t h e m a n n e r of r e m i t t i n g moneys pa id to a n y pub l i c officer authorized to receive t h e same and general ly for t h e
purpose of ca r ry ing ou t t h e m e a n i n g and in t en t of th i s A c t A n d all
such Regu la t ions shal l be laid before P a r l i a m e n t wi th in fourteen days
after t h e m a k i n g thereof if t h e n in Session and if no t t h e n w i th in
four teen days after t h e commencemen t of t h e t h e n n e x t Session and
shal l have t h e force of law upon publ ica t ion in t h e Gazette. 17. Al l moneys received or he ld b y t h e Colonial Treasurer
u n d e r t h e provisions of th i s A c t shall be chargeable w i th t h e expenses
incur red in t h e m a n a g e m e n t of t he l and and of t h e es ta te he reby dedicated to t h e purposes of Pub l i c I n s t r u c t i o n a n d t h e ne t ba lance shall be payable in respect of such purposes in pu r suance of war ran t s of t h e Governor addressed to t h e said Treasurer wh ich w a r r a n t s shall
be a sufficient au tho r i t y to t h e said Treasurer for all such paymen t s and a sufficient d ischarge to h i m in respect thereof.
18 . N o t w i t h s t a n d i n g a n y t h i n g in th is A c t conta ined t h e Crown
shall have a n d m a y enforce all remedies b y way of in format ion of in t rus ion filed by t h e A t to rney Genera l or by s u m m a r y proceedings
unde r a n y s t a tu t e a t t he ins tance of a n y Commissioner of Crown
L a n d s or o ther person to be author ized b y t h e Minis te r in respect to a n y enc roachmen t in t rus ion or t respass upon any land unde r t h e opera
t ion of th is A c t Provided t h a t a l l sums awarded for d a m a g e upon
j u d g m e n t for t he Crown on any such informat ion shall be paid over
to t he Colonial Treasurer and shal l be b y h i m carried to t he credit of
t he " Pub l i c I n s t r u c t i o n E n d o w m e n t A c c o u n t . "
SCHEDULE.
THE unsold portions of certain lands granted to the Trustees of the Clergy and School Lands in the Colony of New South Wales by the respective instruments hereinafter specified and as hereinafter described and as delineated on certain maps and plans deposited in the office of the Surveyor General Sydney viz:—
1. COUNTY OF CUMBERLAND PARISH OF PETERSHAM being allotments one to twelve
inclusively containing two acres three roods twenty-nine two-fifths perches.
Commencing at a point where the eastern side of Bay-street meets the northern
side of Parramatta-street and bounded thence on the south by the northern side of the latter street easterly two hundred and sixteen feet on the east by a line northerly to the southern boundary of Owen's land on the north by part of that southern boundary and its westerly continuation in all bearing westerly one hundred and seventy-seven feet nine inches to the eastern side of Bay-street and on the west by the eastern side of Bay- street southerly to the point of commencement.
2 . COUNTY OF CUMBERLAND PARISH OF PETERSHAM being allotments thirteen to twenty-
three inclusively containing three acres two roods eighteen three-quarter perches.
Commencing at a point where the southern side of Glebe-street meets the western side of Bay-street and bounded thence on the east by Bay-street southerly two hundred and fourteen feet on the south by a line westerly crossing Franklin-place eight hundred and eleven feet nine inches on the west by a lino northerly to the southern side of Glebe-street and on the north by the southern side of that street easterly seven hundred and twenty-three feet four inches to the point of commencement Exclusively of Frank lin-place passing through this land in a northerly direction the area of which has been deducted from the total area.
3 . COUNTY OF CUMBERLAND PARISH OF PETERSHAM being allotments twenty-nine to thirty
five containing inclusively four acres three roods and thirty and four-fifths perches.
Commencing on Blackwattle Creek at a point where the northern side of Ultimo-
strect meets that creek and bounded thence on the south by the northern side of that
street westerly four hundred and sixty-two feet to the eastern side of Bay-street on the
west by the eastern side of that street northerly six hundred and thirty-three feet seven
inches to the aforesaid creek and on the north-east by that creek south-easterly to the
point of commencement.
4. COUNTY OF CUMBERLAND PARISH OF PETERSHAM being allotments thirty-six to forty-
eight inclusively containing three acres two roods and one-fifth of a perch.
Commencing on the western side of Bay-street at the north-eastern corner of J. T. Hughes' land and bounded thence on the east by that street northerly two hundred and thirty-eight feet to the southern side of Water-street on the north by the southern side of that street westerly four hundred and forty-five feet on the. west by aline southerly four hundred and forty-eight feet and on the south by the northern boundary of J. T. Hughes' land aforesaid easterly five hundred and seventy-two feet ten inches to the point of com mencement Exclusively of Christie-street passing through this land in a northerly direction the area of which has been deducted from the total area.
5. COUNTY OF CUMBERLAND PARISH OF PETERSHAM being allotments forty-nine to fifty-two
inclusively containing one acre thirty-four perches.
Commencing on the margin of Blackwattle Swamp Cove at a point where the western side of Bay-street meets it and bounded thence on the cast by the western side of that street southerly ninety-eight feet to the northern side of Water-street on the south by the northern side of that street westerly about four hundred feet on the west by a line northerly about four hundred and sixteen feet to Blackwattle Swamp Cove and thence by the margin of Blackwattle Swamp Cove south-easterly to the point of commencement.
The above portions numbered 1 2 3 4 5 arc parts of four hundred and thirty-five acres in the said county and parish granted twenty-fourth November one thousand eight hundred and twenty-nine.
G. COUNTY OF CUMBERLAND PARISH OF BOTANY.
Commencing on the shores of the South Pacific Ocean on the southern side of Rainbow-street at the north-eastern corner of T. H. Grundy's allotment seventeen of section three and bounded thence on the north by Rainbow-street and its westerly con tinuation in all being a line westerly to winders' grant on the west by the eastern boun dary of that grant and Thomas Kellett's fifty acres southerly to the northern boundary of E. Boss's fifty-three acres on the south by part of that northern boundary bearing easterly five chains eighty links and thence by the northern boundary of J. W. Curran's fifty-six acres easterly thirty-five chains again on the west by the eastern boundary of the last- mentioned land the eastern boundary of a portion of about fifty-six acres and the eastern boundaries of B. Stark's fifty-six acres and H. Bell's sixty-eight acres in all southerly seventy-four chains to the northern boundary of J. N. Brown's one hundred and thirty- one acres Bunnerong Estate again on the south by part of the northern boundary of that land bearing easterly twenty-two chains fifty links again on the west by the eastern boundary of that land bearing southerly thirty-seven chains fourteen links to a small creek again on the south by a lino dividing it from the Government Reserve bearing easterly to Long Bay and on the east by the waters of Long Bay and the South Pacific Ocean northerly to the point of commencement.
The above-described land contains an area of three thousand nine hundred and
fifty-five acres exclusively of the alienated measured portions.
Being the unsold residue of four thousand one hundred and seventy-five acres in
the said county and parish granted third February one thousand eight hundred and
| twenty-nine, | 7 . |
2 M
7. COUNTY OF CUMBERLAND PARISH OF ST. LUKE being measured portions twenty-three
twenty-four twenty-five and twenty-six containing two hundred and two acres.
Commencing on the southern side of a road one chain wide at the north-west corner of Thomas Marsden's portion number eleven and bounded thence on the north by that road bearing west forty-five chains thirty-three links on the west by a line dividing it from part D. M'Leod's (now Allan M'Pherson's) one thousand acres Bernera bearing southerly sixty-four chains ninety-six links on the south by a road one chain wide bearing east thirty-three chains forty-one links on the east by a line dividing it from part of Frank Paine's portion number fourteen bearing north five chains eighty-seven links to the western bank of a creek thence on the east by the west bank of that creek northerly to a point distant two chains fifteen links south from the point of commencement and thence by a line forming part of the eastern boundary of portion number eleven aforesaid bearing north two chains fifteen links to that point Exclusively of a road one chain wide passing through this land in a northerly direction the area of which has been deducted from the total area.
Being the unsold residue of one thousand two hundred and eighty acres in the said county and parish granted third February one thousand eight hundred and twenty- nine.
8. COUNTY OF NORTHUMBERLAND PARISH OF BRANXTON at Branxton containing twelve
acres one perch.
Allotmeut containing thirty perches bounded on the north by Dalwood-street on
the east by Wyndham-street and on the south-west by Maitland-street.
Also allotment eighteen of section one containing one rood eight perches bounded on the north-east by Maitland-street on the south by a lane and on the west by the eastern boundary of T. Lindsay's allotment seventeen.
Also allotment one of section two containing two roods twelve perches bounded on the north by Lindsay-street on the west by a road on the south by Maitland-street and on the east by the western boundary of W. Shepherd's allotment two.
Also allotment nine of section two containing one rood twenty-three perches and bounded on the north by Lindsay-street on the east by Glisson-street on the south by Maitland-street and on the west by the eastern boundary of J. Goodwin's allotment eight.
Also allotments one and ten section three containing one acre nineteen perches and bounded on the north by Lindsay-street on the west by Glisson-street on the south by Maitland-street and on the east by the western boundary of G. Dann's allotments two and nine.
Also allotment one of section five containing one rood nineteen perches bounded on the north by William-street on the west by a road on the south by a lane and on the east by the western boundary of John Kinivan's allotment two and also portion ninety- two containing nine acres two roods eleven perches Commencing at a point distant one chain south from the south-western corner of Thomas Drinan's portion ninety-one and bounded thence on the north by a road one chain wide bearing easterly nine chains sixty links on the east by a road one chain and fifty links wide bearing south ten chains on the south by George-street bearing west nine chains fifty-four links and on the west by a road one chain wide bearing northerly ten chains to the point of commencement.
Being the unsold residue of two thousand one hundred and twenty-eight acres
in the said county and parish granted third February one thousand eight hundred and
twenty-nine.9. COUNTY OF NORTHUMBERLAND PARISH OF OVINGHAM being portion forty containing
six hundred and twenty-three acres three roods.
Commencing at the north-western corner of Wm. Collins's portion twenty and bounded thence on the north-east by a road one chain wide bearing west twenty degrees fifty minutes north eighty-six chains ninety-six links on the west by a line bearing southerly one hundred chains seventy-seven links on the south by part of the northern boundary of T. Markwell's (now Mrs. Andrew Loder's) one thousand two hundred and eighty acres bearing easterly eighty chains twenty-seven links and on the east by the western boundary of R. Faulkner's portion twenty-two a line crossing a road one chain wide the western boundary of T. L. Collins's portion twenty-one and the western boundary of portion twenty aforesaid in all bearing northerly sixty-eight chains seventy-five links to the point of commencement exclusively of that part of the road from Broke to Maitland passing through this land in a north-easterly direction the area of which has been deducted from the total area.
Being the unsold residue of three thousand eight hundred and forty acres in the said county and parish granted twenty-sixth August one thousand eight hundred and twenty-nine.
10 . COUNTY OF NORTHUMBERLAND PARISH OF WARKWORTH being portions fifty to sixty-
seven inclusive containing fifty acres.
Commencing on the right bank of the Hunter River at a point where the southern side of a road one chain wide dividing it from part of R. Hoddle's one thousand acres meets that river and bounded thence on part of the north by that road bearing east five chains ten links on the east by a road one chain wide bearing south fourteen chains twenty- four links on the south-east by a road one chain wide bearing south forty-five degrees west thirty-four chains on the west by a road one chain wide bearing north twenty-five chains fifty links to the Hunter Diver and on the remainder of the north by that river downwards to the point of commencement.
Being the unsold residue of two thousand four hundred and seventy-two acres in the said county and parish granted on the twenty-sixth August one thousand eight hundred and twenty-nine.
1 1 . COUNTY OF DURHAM PARISH OF WOLFINUHAM being portion thirteen containing one
hundred and sixty-three acres.
Commencing on the north-western side of a road one chain wide from Paterson to Maitland at its intersection with the eastern boundary of B. Hudson's two thousand acres and bounded thence on the south-east by that road north-easterly to the south-eastern corner of A. Nivison's portion twelve on the north by the southern boundary of that portion bearing westerly thirty-nine chains seventy links and on the west by al ine and part of the eastern boundary of the aforesaid two thousand acres in all bearing southerly seventy-six chains eighty-eight links to the point of commencement.
Being the unsold residue of a grant of two thousand two hundred and fifty-six acres in the said county and parish.
12. COUNTY OF DURHAM PARISH OF WOLFINUHAM being portions twenty-five twenty-six
twenty-eight twenty-nine thirty and thirty-one containing fifteen acres and twenty
perches.
Commencing at the south-western corner of John Drinan's portion twenty-seven and bounded thence on the east by the western boundary of that portion bearing north eleven chains on the north by a road one chain wide bearing west twenty-seven degrees twenty-eight minutes north thirty-five links and thence south eighty degrees fifty-five minutes west nine chains on the west by a road one chain wide bearing south one degree thirty minutes west four chains eighty-six links and thence south ten degrees eighteen minutes east five chains two links and on the south by part of the northern boundary of John Drinan's portion twenty-two bearing easterly eight chains twenty-four links to the point of commencement Also commencing at the south-eastern corner of John Drinan's portion twenty-seven aforesaid and bounded thence on the west by the eastern boundary of that portion bearing northerly nine chains ten links on the north by a road one chain wide bearing east twenty-seven degrees twenty-eight minutes south six chains and thence north eighteen degrees twenty-six minutes east two chains forty-six links on the east by the western boundary of John Drinan's portion twenty-four bearing southerly six chains sixty-six links and on the south by part of the north boundary of John Drinan's portion twenty-two aforesaid bearing westerly seven chains sixty-eight links to the point of commencement.
Being the unsold residue of one thousand nine hundred and eight acres in the
said county and parishes of Wolfingham and Stanhope granted third February one
| thousand eight hundred and twenty-nine. |
1 3 . COUNTY OF DURHAM PARISH OF MIDDLEIIOPE containing four acres three roods.
Commencing on the right bank of the Paterson River at the south-eastern corner of J. H. Broughton's (now J. Swan's) one hundred and eighty acres and bounded thenco on the north by the southern boundary-line of that land and part of the southern boundary of John Nowlan's portion fourteen being in all a line bearing westerly ten chains on the west by the end of a road one chain wide and an eastern boundary of John Nowlan's portion thirteen being in all a line bearing southerly four chains ninety-six links on the south by a northern boundary of the last-mentioned land bearing east nine chains to the Paterson River and on the east by that river upwards to the point of commencement.
Being the unsold residue of one thousand five hundred and sixty or one thousand four hundred and fifty-three acres in the said county and parish granted third February one thousand eight hundred and twenty-nine.
14. COUNTY OF DURHAM PARISH OF UFFINOTON being portions one two three four five
six seven eight eleven and twenty-five containing two thousand four hundred and
ninety acres.
Commencing on the left bank of the Stony Creek at the north-western corner of Martin Purcell's portion nine and bounded thence on the south by the northern boundary of that portion bearing easterly eighty-two chains thirty-eight links on the west by the eastern boundaries of that portion and John Walker's portion ten in all bearing southerly
sixty-six
sixty-six chains on the south by the northern boundary of S. W. Dark's portion twelve bearing easterly forty-eight chains forty links on the south-east by a road one chain wide from Clarence Town to Grlen "Williams bearing north twenty-five degrees fifteen minutes east ten chains north twenty-two degrees fifteen minutes east eight chains ninety links north twenty-four degrees east seven chains sixty-eight links north thirteen degrees east sixteen chains eighty links north fifteen degrees ten minutes east about two chains twenty links to a point due west from the north-western corner of James Flannery's portion twenty-four again on the south by a line crossing that road and thence by the
northern boundary of that portion in all bearing east about thirty-nine chains thirty links to the Williams Rirer on the east by that river upwards to the south-eastern corner of John Campbell's portion twenty-six on the north by the southern boundary of that portion and its westerly continuation in a line bearing west about twenty-eight chains ten links to the western side of the aforesaid road again on the east by the western side of that road bearing north two degrees twenty minutes west about six chains eighty links north one degree fifteen minutes west five chains eighty links north nine degrees thirty minutes east ten chains north thirteen degrees twenty minutes east four chains thirty links north one degree fifty minutes west ten chains sixty-five links north fourteen degrees forty minutes east five chains eighty links and thence north three degrees thirty minutes east four chains forty links again on the north by part of the southern boundary of W. Low's one thousand one hundred and twenty acres the southern boundary of F. Wilson's six hundred and forty acres and its westerly continuation being in all a line crossing Stony Creek bearing westerly about two hundred and twenty-two chains again on the west by a line bearing southerly one hundred and fifty-seven chains ten links again on the south by a road one chain wide bearing easterly one hundred and eight chains sixty-four links to the right bank of Stony Creek thence by that creek upwards to a point due west from the point of commence ment and thence by a line crossing Stony Creek to that point and exclusively of that part of the road one chain wide from Clarence Town to Glen Williams passing through this land in a southerly direction the area of which has been deducted from the total area.
Being part of four thousand two hundred and fifty acres in the said county and
parish granted twenty-sixth August one thousand eight hundred and twenty-nine.
15. COURTY OF DURHAM PARISH OF LIDDELL. being portions twenty-two twenty-three
twenty-four twenty-five twenty-eight twenty-nine thirty and thirty-one containing
four hundred and eighty-seven acres two roods.Commencing on the southern side of a road one chain wide at the north-eastern corner of W. Russell and E . Russell's portion twenty-seven and bounded thence on the north by that road bearing east sixty-three chains twenty-four links on the east by a line bearing southerly seventy-eight chains five links on the south by the northern boundary of J. Whitten's portions twenty-one twenty nineteen and eighteen being in all a line bearing west sixty-three chains thirty-six links and on the west by the eastern boundary of W. Russell and E. Russell's portion twenty-six a line crossing a road one chain wide and the eastern boundary of portion twenty-seven aforesaid in all bearing north seventy- eight chains five links to the point of commencement Exclusively of a road one chain wide passing through this land in an easterly direction. Also being portions twelve thirteen and fourteen containing one hundred and seventy-nine acres three roods Commencing on the south side of a road one chain wide at the north-eastern corner of W. Russell and E. Russell's portion fifteen and bounded thence on the north by that road bearing east forty-seven chains forty-one links on the east by a road one chain wide bearing southerly thirty-eight chains two links on the south by part of the northern boundary of W. Russell and E. Russell's portion eleven bearing west forty-seven chains
bearing north thirty-eight chains two links to the point of commencement. thirty-three links and on the west by the eastern boundary of portion fifteen aforesaid Being the unsold residue of two thousand five hundred and sixty acres in the said county and parish granted twenty-sixth August one thousand eight hundred and twenty-nine.
16. COUNTY OF DURHAM PARISH OF RAYENSWORTH containing one hundred and ninety- four acres one rood being portions nine and twelve and an unnumbered portion.
Portion nine commencing on the left bank of Saltwater Creek at the south-western corner of A. Bowman's portion eight and bounded thence on the north by the southern boundary of that portion bearing easterly seventy-eight chains eleven links on the east by a road one chain wide bearing southerly thirteen chains on the south by the northern boundary of A. Bowman's portion ten bearing west seventy chains twenty-five links to Salt- water Creek on the west by that creek upwards to the point of commencement Also portion twelve commencing on the left bank of Saltwater Creek at the south-western corner of A. Bowman's portion eleven and bounded thence on the north by the southern boundary of that portion bearing easterly sixty-nine chains and ninety-six links on the east by a road one chain wide bearing southerly thirteen chains on the south by the northern boundary of A. Bowman's portion thirteen bearing westerly sixty-four chains thirty links to Saltwater Creek and on the west by that creek upwards to the point of commencement Also of a portion containing twelve acres commencing at the south-western corner of A.
Bowman's
Bowman's portion four and bounded thence on the north by the southern boundary of that portion bearing cast eleven chains ninety-nine links to the right bank of Saltwater Creek on the east by a line crossing that creek and by part of the western boundary of A. Bowman's portion thirteen in all bearing southerly ten chains on the south by part of the northern boundary of A. Bowman's portion fourteen and its westerly continuation in all bearing westerly twelve chains one link and on the west by a line bearing northerly ten chains to the point of commencement.
Being the unsold residue of two thousand five hundred and fifty-two acres in the said county and parish granted twenty-sixth August one thousand eight hundred and twenty-nine.
1 7 . COUNTY OF BATHTJEST AND PARISHES OF CALVERT BEAUFORT BELUBULA ERROL
AND LlNDESAY.
Commencing on the left bank of Flyer's Creek at the south-western corner of P.
L. Fell's six hundred and sixty-two acres parish of Beneree and bounded thence on the
west by that creek downwards to the Belubula River thence on the west on the south and on part of the east by that river upwards to its intersection with the westerly continuation of the northern boundary of E. Lambert's two thousand five hundred and sixty acres parish of Napier thence on the east by that westerly continuation and part of that boundary in all a line crossing that river easterly about twelve chains to the south western corner of James Elder's six hundred and forty acres parish of Torrens thence by the western boundary of that grant and the western boundary of James Orr's one thousand nine hundred and twenty acres grant in a line bearing northerly to the north western corner of the last-named grant and on the north by a line crossing Cowriga or Brown's Creek bearing westerly to the eastern boundary of Fell's grant aforesaid thence by part of the eastern boundary of that grant southerly about 23 chains and thence by the southern boundary of that grant westerly to the point of commencement The above described land contains an area of fifty-six thousand and eighteen acres exclusively of the alienated measured portions.
Being the unsold residue of eighty-five thousand three hundred and eighty-eight acres in the said county and parishes granted third February one thousand eight hundred and twenty-nine.
1 8 . COUNTY OF BATHURST PARISHES OF APSLEY PONSONBT AND OAKLEY.
Commencing on the left bank of the Macquarie River at the south-eastern corner of W\ M. Bothery's grant of 100 acres and bounded thence on the north by the south boundary of that grant and the south boundary of W. A. Steel's three hundred and twenty acres being in all a line bearing westerly to the right bank of Queen Charlotte's Yale Creek on the west by that creek upwards to its confluence with Summer Hill Creek thence by that creek upwards to its intersection with the northern boundary of the parish of Bringellet on the south by part of that parish boundary and the northern boundary of the parish of Arkell being in all a line crossing Brown's Creek Mountain Run Creek Back Creek Foster's Valley Creek and Spring Creek to the left bank of Campbell's or Macquarie River to a point opposite S. Smith's fifty-seven acres in the county of Westmoreland and on the east by that river downwards to the point of commencement The above described land contains an area of thirty-two thousand eight hundred and fifty-four acres exclusively of the alienated measured portions.
Being the unsold residue of fifty thousand seven hundred and four acres in the said
county and parishes granted third February one thousand eight hundred and twenty-nine.
1 9 . COUNTIES OF GLOUCESTER AND HAWES AND PARISHES OF KAEUAH HORTON THALABA
FAULKLAND TREVOR VERULAM FITZROY CROSBIE W I L M O T AND TAREAN.
Commencing on the right bank of the Karuah River at a point where the southern boundary-line of the Australian Agricultural Company's grant of four hundred and sixty- four thousand six hundred and forty acres meets that river and bounded thence on the north by that boundary-line bearing westerly six hundred and forty-eight chains five links on the east by a line dividing it from part of that grant crossing the aforesaid river the Avon River the Barrington River and the Bowman River bearing northerly forty-eight miles three chains and eighty-three links to the Manning River again on the north by the Manning River upwards to its junction with the Barnard River and thence by that river upwards to a point due north from where the western side of a road three chains wide and distant three chains west of portion twenty of two hundred and twenty-one acres parish of Verulam meets the right bank of the Barrington River on the west by a line parallel with and distant three miles and a-half west from the western boundary of the Australian Agri cultural Company's grant of four hundred and sixty-four thousand six hundred and forty acres aforesaid bearing south to the northern boundary of B. Sullivan's two thousand five hundred and sixty acres grant being a line crossing Craven's Creek the Bowman River Back Creek the Barrington River the Avon River and the Karuah Elver thence by part of the northern boundary of Sullivan's grant easterly about eighty chains thence by the eastern boundary of that grant southerly to Thalaba Creek and thence by that creek downwards to its junction with the Williams Eiver thence by that river downwards to the north-western corner of Brown's one hundred acres grant thence by the northern eastern
2 N and and southern boundaries of that grant easterly southerly and westerly to the Williams River thence by that river downwards to the south-western corner of Ann Ireland's portion seven of one hundred and sixteen acres in the parish of Wilmoton the south by the southern boundary of that portion and its easterly prolongation in all a line bearing east to the right bank of the Karuah River near its junction with Tarean Creek and again on the east by the Karuah River upwards to the point of commencement.
The above described land contains an area of one hundred and fifty-three thousand six hundred and seventy-three acres exclusively of the alienated measured portions.
Being the tmsold residue of one hundred and sixty-eight thousand acres in the said
counties and parishes granted third February one thousand eight hundred and twenty-nine.
20. COUNTY OF ST. VINCENT PARISHES OF BOYLE PERCY AND BRUCE.
Commencing on the right bank of Jembaicumbene Swamp at the south-western corner of the village of Jembaicumbene and bounded thence on the east by the west boundary of that village bearing northerly forty-eight chains thence by the north boundary of that village easterly eighty chains to the south-western corner of J. Coghill's six hundred and forty acres in the parish of Coghill and thence by the western boundary of that land and its northerly continuation being in all a line crossing Gillamatong Creek St. Omer's Creek and Durran Durra Creek bearing northerly one thousand two hundred and eighty chains on the north by a line bearing westerly seven chains to the Shoal- haven River on the west by that river upwards to its confluence with Jembaicumbene Creek and on the south by that creek and the aforesaid swamp easterly to the point of commencement.
The above described land contains an area of twenty thousand nine hundred and
fifty-one acres exclusively of the alienated measured portions.
Being the unsold residue of forty-two thousand four hundred and sixty-seven acrc3 in the said counties and parishes granted third February one thousand eight hundred and twenty-nine.
Unsold portions of Orphan School Grant at Cabramaitta.
The under described parcels of land being the unsold portions of the land known as the Orphan School Grant at Cabramatta and conveyed by indenture dated the twenty- seventh day of May one thousand eight hundred and twenty-three made between Governor Sir Thomas Brisbaneand the Committee of the Female Orphan Institution therein named which said parcels of land arc delineated in certain plans deposited in the office of the Surveyor General.
1. COUNTY OF CUMBERLAND PARISH OF ST. LUKE containing fifteen acres one rood thirty-
seven perches.
Commencing on the southern side of a road one chain wide at the north- eastern corner of John Lackey's portion one hundred and ten and bounded thence on the north by that road bearing east sixteen chains fourteen links on the south-east by a road one chain wide bearing south thirty degrees west sixteen chains on the south-west by the north-eastern boundary of John Lackey's portion one hundred and eleven bearing west thirty-six degrees eight minutes north thirteen chains eighty-eight links and on the north west by part of the south-eastern boundary of portion one hundred and ten aforesaid bearing north thirty degrees east six chains thirty-one links to the point of commencement.
2 . COUNTY OF CUMBERLAND PARISH OF ST. LUKE containing twenty-two acres and twenty-nine perches.
Commencing on the north-eastern side of a road one chain wide at tho southern corner of N. G. Bull's portion one hundred and three and bounded thence on the south west by that road bearing east twenty-nine degrees fifty-six minutes south sixteen chains ten links on the south-east by a road one chain wide bearing north thirty-six degrees eight minutes east thirteen chains on the north-east by the south-western boundary of
N. G. Bull's portion one hundred and four bearing west thirty-six degrees eight minutes
north sixteen chains and on the north-west by part of the south-eastern boundary of por tion one hundred and three aforesaid bearing south thirty-six degrees eight minutes west fourteen chains seventy-four links to the point of commencement.
3 . COUNTY OF CUMBERLAND PARISH OF ST. LUKE containing ten acres three roods thirteen
perches.
Commencing on the south-western side of a road one chain wide at a northern corner of Edward James Ashcroft's portion one hundred and two and bounded thence on the north-east by that road bearing west twenty-seven degrees five minutes north fifteen chains forty-eight links on the north-west on the south-west and on the south-cast by lines dividing it from portion one hundred and two aforesaid bearing south twenty-six degrees twenty-four minutes west seven chains east twenty-seven degrees five minutes south fifteen chains forty-eight links and thence north twenty-six degrees twenty-four minutes east seven chains to the point of commencement.
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