Coraki Roman Catholic Church Trustees Enabling Act of 1904 (NSW)

An Act to enable the R ight Reverend Jeremiah J o s e p h D o y l e , Doctor of Div in i ty , Kyran Nolan, and Thomas Bermingham, trus tees of certain a l lo tments of land at Coraki, in the State of N e w South Wales, to sell the said lands, and to provide for the application and i n v e s t m e n t of the proceeds thereof, and for receipts and discharges of the same, and for other purposes in connect ion therewi th . [21st December, 1904.]

WH E R E A S , by deed of of Apri l , one thousand eight hundred and eighty-four , unde r	t he hand of Sir Augus tu s Wi l l i am Frederick Spencer Loftus, K.C.B. ,
Governor of the Colony of New South Wales , and unde r the seal
thereof, and registered as volume seven hundred and three , folio
forty-one, H e r Majesty Queen Victoria did, For the consideration in t he said deed ment ioned , g ran t u n t o t he Right Reverend Elzear Torregiani , Benedict Mary McCabe, Kyran Nolan, and Denis M c L e a n , and their heirs, all t ha t piece or parcel of land described in t he F i r s t Schedule hereto, to hold the same unto t he said the R i g h t Reverend Elzear Torregiani , Benedict M a r y McCabe , K y r a n Nolan, and Denis M c L e a n , as jo in t t enan ts , the i r heirs and assigns for e v e r : And whereas the said a l lo tment or parcel of land was granted for the purpose of e rec t ing a church and other bui ld ings thereon for t he use of the Etonian Cathol ic communi ty of Coraki : And whereas all t he said grantees except the said Kyran Nolan arc now deceased, and no new or o ther t rus tees have been appointed in placeof the said deceased t rus tees : A n d whereas by two several deeds of grant , both dated the twenty-f irs t day of November , one thousand nine hundred and four, unde r the hand of H i s Excel lency the Governor, registered as vo lume one thousand five hundred and seventy-one, folios one hund red and sixty-five and one hundred and sixty-six respectively, H i s Majesty the King did, for the consideration there in respectively set out , g r an t to the R i g h t Reverend Je remiah Joseph Doyle, Doctor of Divini ty , t he said K y r a n Nolan, and one Thomas B e r m i n g h a m all those pieces or parcels of land described in the Second and Thi rd Schedules here to respect ively upon the t rus t s in the same deeds more par t icu la r ly set forth : And whereas all the a l lo tments of land hereinbefore ment ioned have become and been proved to be unsu i t ab le for the purposes

grant bea r ing date the twen ty-e igh th day

purposes for which they were g ran ted by the Crown : A n d whereas

t h e said f l igh t Reverend J e r e m i a h Joseph Doyle, K y r a n Nolan, and

Thomas B e r m i n g h a m , as such t rus tees as aforesaid, are desirous of sel l ing all the said a l lo tments of land, and of apply ing the proceeds of such sale in or towards the following purposes, or any of t hem, t h a t is to say, in or towards t he purchase of lands for any purposes connected wi th t he R o m a n Catholic Church , or any Koman Cathol ic school or char i ty wi th in t h e town of Coraki, or adjacent there to , or in or towards t he erection the reon of bui ld ings for the use of the R o m a n Catholic communi ty , and as to any balance in hand after p a y m e n t of and for such purchases or bui ldings, to such char i table purposes wi thin t he diocese as t he said t rustees may t h i n k fit : Be it therefore enacted by the K i n g ' s Mos t Exce l l en t Majesty, by and with t he advice and consent of the Legis la t ive Council and Legislat ive Assembly of New South Wales in Pa r l i amen t assembled, and by the au thor i ty of the same, as follows :—

1. F rom and after t he passing of th i s A c t it shall be lawful

for t he said t he R i g h t Reverend Je r emiah Joseph Doyle, K y r a n

Nolan , and Thomas B e r m i n g h a m , their heirs or assigns, or other t he t rus tees or t rus tee for t he t ime being of t h e lands hereinbefore described or referred to, to sell and dispose of the said lands by publ ic auct ion or pr ivate contract , and ci ther in one lot or in several lots , as they shall deem expedient , for such price or prices as can reasonably be obta ined for t he same, and to t ransfer and assure t he same or any par t or par t s thereof when sold to the purchaser or purchasers thereof in fee-simple freed and discharged from all t ru s t s affecting t he same. A n d t h e receipt in wr i t ing of t he said R i g h t

Reverend J e r e m i a h Joseph Doyle, K y r a n Nolan , and Thomas

B e r m i n g h a m , the i r hei rs , or assigns or other t he t rus tees or t rus tee
for t h e t ime be ing of the said land for t he purchase money ar is ing
from such sale or sales shall be sufficient discharge to the purchaser
or purchasers of t he said land and shall exonera te h im or t h e m from
seeing to the appl icat ion of the said moneys and from all l iabil i ty in

respect of the misappl ica t ion or non-appl icat ion thereof.

2. The said R i g h t Reve rend J e r e m i a h Joseph Doyle, K y r a n

Nolan, and Thomas B e r m i n g h a m , the i r heirs or assigns, or other the t rustees or t rus tee for t he t ime being of t he said lands , or of the proceeds of any sale or sales of the said lands or of any par t thereof, shall s tand possessed of the moneys ar is ing from such sale or sales as afore­ said upon t rus t to apply the proceeds thereof in or towards any of the following purposes, tha t is to say, t he purchase of lands for any purpose connected wi th the R o m a n Cathol ic Church , or any R o m a n Catholic school or char i ty within the town of Coraki or adjacent there to , t he erection thereon of a presbytery and bui ldings for the use of the R o m a n Catholic communi ty , and, as to any balance in hand after p a y m e n t

of

of and for such purchases or bui ld ings , to such char i tab le purposes wi th in the diocese of Lismore as t he said t rus tees or t rus tee may t h i n k lit, A n d the receipts of any person or persons to whom any moneys shall be paid by the said Plight Reverend Je r emiah -Joseph Doyle, K y r a n Nolan, and Thomas B e r m i n g h a m , their heirs or assigns, or other t he t rus tees or t rus tee for the t ime being of t he proceeds of any sale of t he said lands under the provisions of this Act , and the declara t ion of the said t rus tees as to the dispensation in char i ty of any moneys received under the provisions of this Ac t shall be valid and comple te discharges to the said t rustees , thei r heirs and assigns, or other t he said t rus tees or t rus tee for the t ime being for such moneys .

3. Before app ly ing the proceeds of any sale of lands made unde r the provisions of t he preceding sections, t he said t rus tees shall have power to deduct theref rom the costs and expenses of and incidental to t he passing of this Act ,

4. This Ac t may be cited as the " Coraki R o m a n Cathol ic

Church Trus tees E n a b l i n g A c t of 1904 ."

FIRST S C H E D U L E .

All that piece or parcel of land in the S t a t e of New South Wales, conta ining by admeasurement twenty-six perches and three-fourths of a perch, he the same more or less, s i tua ted in t he county of Richmond, parish of W e s t Coraki, and village of Coraki, being a l lo tment number eleven of section number twenty-f ive: Commencing on the north-eastern side of Bridge-street, a t the southern comer of a l lo tment s even ; and bounded thence on the south-west by tha t s t reet south-easterly sixty-seven links ; on t he south-east by t he north-western boundary line of a l lo tment six, north-easterly a t r ight angles to Bridge-street two chains fifty links to a lane ; on the north-east by t h a t lane north-westerly parallel with Bridge-street sixty-seven l inks ; and on the north-west by the south-eastern boundary line of a l lo tment seven aforesaid, south westerly a t r ight angles to Bridge-street two chains fifty links, to the point of commencement.

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

All t h a t piece or parcel of land in the said Sta te , containing by admeasurement one acre, be t he same more or less, s i tuated in the county of Richmond, and the parish of W e s t Coraki, near the r ight bank of the Richmond River, village of Coraki, a l lo tment five of section twenty-five : Commencing on the nor th-western side of Grenfell-street, a t a point where it meets the south-western side of Richmond terrace : and bounded thence on the south-east by that street, bearing south fifty-three degrees west two chains fifty- four l inks to a lane th i r ty links wide ; on the south-west by that lane, dividing it from al lotments six, eleven, and seven, bear ing nor th twenty-seven degrees th i r ty minutes west four chains twenty-one links ; on the north-west by a line bearing north sixty-two degrees th i r ty minutes east two chains fifty l inks to Richmond-terrace aforesaid ; and on the north-east by Richmond-terrace bear ing south twenty-seven degrees th i r ty minutes east th ree chains eighty links, to the point of commencement. T H I R D

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

All that piece or parcel of land in the said State , containing by admeasurement two roods, be the same more or less, s i tuated in the county of Richmond, and parish of W e s t Coraki, village of Coraki, a l lo tment six of section twenty-five : Commencing on the north-western side of Grenfell-street, a t a point where it meets the north-eastern side of Br idge-s t ree t ; and hounded thence on the south-east by Grenfell-street bearing north fifty-three degrees east two chains fifty-four links to a lane th i r ty links wide ; on the north-east by t h a t lane, dividing it from al lo tment five, bear ing north twenty-seven degrees th i r ty minutes west one chain eighty links ; on the north-west by the south eastern boundary of a l lo tment eleven bearing smith sixty-two degrees th i r ty minutes west two chains f i t ty links to Bridge-street aforesaid; and on the south-west by Bridge- s t reet bearing smith twenty-seven degrees th i r ty minutes east two chains twenty-one links, to the point of commencement.