Cooma Church of England Parsonage Act 1886 No cce (NSW)

An Act to author ize and empower Robe r t Dawson the surviving Trus t ee of cer ta in Church of E n g l a n d lands a t Cooma and to au thor ize and empower t he said Robe r t Dawson and J a m e s Litchfield David Ryr ie and J o h n Edward P r e t t y W a l k e r t he Trus tees of cer ta in lands dedicated by the Crown for a site for a Church of E n g l a n d Pa r sonage a t Cooma aforesaid to sell t h e said respective lands and to provide for t h e application of the proceeds thereof. [10th September, 1886.]

WH E R E A S at a sale of Crown Lands held at Cooma on the fifteenth day of August one thousand eight hundred and sixty-

one John Lamhie the abovenamed Robert Hawson and Francis Smith

as Trustees for the Church of England at Cooma became the purchasers of the lands described in the First Schedule hereto And whereas by Crown grants bearing date the thirty-first day of December one thousand eight hundred and sixty-one under the hand of the Governor of the Colony of New South Wales with the seal of the said Colony affixed the said lands described in the First Schedule hereto were granted to the said John Lamhie Robert Dawson and Francis Smith as tenants in common instead of joint tenants as Trustees for the Church of England at Cooma And whereas the said John Lamhie died on or about the third day of August one thousand eight hundred and sixty-two And whereas the said Francis Smith died on or about the eighth day of December one thousand eight hundred and sixty-three And whereas it has been found that the said lands are unsuitable for the purposes for which they were originally purchased and that it would be expedient to sell the same and apply the proceeds arising from such sale partly in completing the erection of the Church of England buildings at Cooma aforesaid and partly in paying off certain debts now existing on the said Church And whereas by Crown grant bearing date the second day of April one thousand eight hundred and eighty-five the lands and hereditaments described in the Second Schedule hereto were granted unto the said Robert Dawson and James Litchfield David Ryrie and John Edward Pretty Walker To hold unto the said Robert Dawson James Litchfield David Ryrie and John Edward Pretty Walker upon trust for the appropriation thereof as a site of a dwelling-house garden and other appurtenances for the Clergy­ man duly appointed to oiliciate in the Church of the United Church of England and Ireland in New South Wales erected at Cooma And whereas it has been found that the land so granted is unsuitable for the purposes for which it was granted and that it would be expedient to sell the same and to apply the proceeds arising from such sale partly in the purchase of another piece of land much more suitable and upon the same trusts and partly in the completion of the buildings of the Church of England at Cooma aforesaid and partly in the payment of certain debts now existing on the said Church Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent

consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—

1. I t shall be lawful for the said Robert Dawson the surviving Trustee of the lands described in the First Schedule hereto his heirs or assigns to sell and dispose of the same by public auction and either in one lot or inseveral lots as he orthey shall deem most expedient for such price or prices as can be had and obtained for the same And upon such sale or sales to convey the said land and hereditaments or any part or parts thereof to the purchaser or purchasers thereof in fee-simple freed and discharged from all trusts affecting the same And the receipt in writing of the said Trustee his heirs or assigns for the purchase money for the said land upon such sale or sales shall absolutely discharge the purchaser or purchasers thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of the said purchase money and from all liability in respect of any mis-application or non-application thereof.
2. I t shall be lawful for the said Robert Dawson James Litchfield David Ryrie and John Edward Pretty Walker Trustees of the land des­ cribed in the Second Schedule hereto their heirs or assigns to sell the said land either by public auction and either in one lot or in several lots as they shall deem most expedient and for such price or prices as can be had or obtained for the same And upon such sale or sales to convey the said lands respectively or any part or parts thereof to the purchaser or purchasers thereof in fee-simple freed and discharged from all trusts affecting the same and the receipt of the said Trustees their heirs or assigns for the purchase money of the said lands or any part or parts thereof upon such sale or sales shall effectually discharge the purchaser or purchasers thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of the said purchase money and from all liability in respect of any mis-application or non-application thereof.

3. The said Trustee and Trustees respectively mentioned or referred to in the first and second sections of this Act his and their heirs and assigns shall respectively stand possessed of all moneys arising from any and every such sale or sales as aforesaid upon trust to apply the said moneys in or towards payment of the purchase money of another piece of land as a site for a residence for the Clergyman of the Church of England at Cooma and partly in completing the erection of the buildings of the Church of England at Cooma and partly in the payment of certain debts now existing on the said Church And the	receipt of any person or persons to whom any moneys shall be paid
under the provisions of this Act shall be valid and complete discharges
to the said Trustee or Trustees respectively his or their heirs or assigns for such moneys.

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

All t ha t a l lo tment or parcel of land containing by admeasurement one rood th i r ty -
five perches be t he same more or less s i tua ted in t he county of Beresford parish of Cooma

and village of Cooma being a l lo tment n u m b e r th ree of section n u m b e r th i r ty- four Com­

mencing a t the south-eas t side of Commissioner-s t reet a t t he west corner of a l lo tment

n u m b e r two and bounded thence on the nor th-west by t h a t s t ree t south-wester ly one

chain on the south-west by t he nor th -eas te rn boundary- l ino of a l lo tment n u m b e r four south-easter ly at r i gh t angles to Commissioner-s t reet four chains and seventy l inks to a lane on the south-east by t h a t lane nor th-eas te r ly paral lel wi th Commissioner-street one chain and on the nor th -eas t by t he south-wes te rn boundary- l ine of a l lo tment n u m b e r two aforesaid nor th-wester ly a t r igh t angles to Commissioner-s t reet four chains and seventy l inks to the poin t of commencement being the a l lo tment sold as lot forty in pu r suance of t he proclamation of second J u l y one thousand eight h u n d r e d and sixty-one A nd also all t h a t a l lo tment or parcel of land containing by admeasuremen t one rood

th i r ty-

thir ty-five perches he t he same more or less s i tua ted in the coun ty of Beres ford par ish of Cooma and village of Cooma being a l lo tment n u m b e r four of section n u m b e r th i r ty- four Commenc ing on the south-east side of Commissioner-s t reet at t he west corner of a l lo tment n u m b e r t h r ee and bounded thence on t h e nor th -wes t by tha t s t ree t sou th-wes te r ly one

chain on the south-west by the nor th -eas te rn boundary- l ine of a l lo tment number five

south-eas ter ly a t r ight angles to Commiss ioner -s t ree t four chains and seventy l inks to a lane on the south-eas t by t h a t lane nor th -eas te r ly paral le l with Commissioner-s t reet one chain and on the nor th -eas t by t h e south-western boundary- l ine of a l lo tment n u m b e r

t h r ee aforesaid nor th -wes te r ly a t r igh t angles to Commissioner-s t reet four chains and

seventy l inks to the poin t of commencement	Being the a l lo tment sold as lot	for ty-one
in pursuauco of t he proclamat ion of t he second J u l y one thousand eight	h u n d r e d	and
sixty-one.

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

All t h a t piece or parce l of land in our said Colony conta ining by admeasuremen t two roods be t he same more or less s i tua ted in t h e county of Beresford parish of Cooma a t Cooma Commencing a t a po in t d i s tan t six chains south from the south-eas tern corner of t he appropr ia t ion for a Bur ia l -g round for YVeslcyans and bounded thence on t h e no r th by a l ine bear ing west two chains fifty l inks on the west by a line bear ing sou th two chains on the south by a l ine bear ing east two chains fifty l inks and on the east by

a l ine bear ing no r th two chains to t he point of commencement .