Dubbo Presbyterian Manse Trustees Act 1875 No dpm (NSW)

An Act to enable the Trustees of certain Lands situate in Macquarie-street Dubbo in the Colony of New South Wales to sell the said Lands and to provide for the appropriation of the proceeds thereof. [26th May, 1875.]

W H E R E A S by deed poll or grant from the Crown dated the six­seventy-two under the hand of Somerset Richard Earl of Belmore teenth day of February one thousand eight hundred and

Governor of the Colony of New South Wales and the seal of the said Colony All that piece or parcel of land in the said Colony containing by admeasurement two roods be the same more or less situate in the county of Lincoln and parish of Dubbo town of Dubbo allotment five of section five commencing on the eastern side of Macquarie-street at the north-western corner of allotment four and bounded thence on the west by that street northerly one chair, on the north by the southern boundary-line of N. Hyeronimus's allotment six easterly at right angles to Macquarie-street five chains on the east by the west boundary-line of C. Ward's allotment fourteen southerly parallel with Macquarie-street one chain and on the south by the northern boundary- line of allotment four aforesaid westerly at right angles to Macquarie- street five chains to the point of commencement was granted to James Holmes Thomas Baird John Cassels Ryrie Thomas Alexander Thomp­ son and James Osborne and their successors upon trust for the appropriation thereof as the site of a dwelling-house garden and other appurtenances for the clergyman duly appointed to officiate in the church under the superintendence of and in connection with the General Assembly of the Presbyterian Church of New South Wales erected at Dubbo and known as Saint Antrews and for no other purpose whatsoever And whereas the said land by reason of its being situate in the main thoroughfare of the said town is unsuitable for the purpose for which it was granted and no residence for the said clergyman has in fact ever been built And whereas it is expedient that the said land should be sold and that the proceeds to arise from such sale should be laid out in the purchase of lands in or near the said town of Dubbo and in the erection thereon of a dwelling-house for such clergyman as aforesaid to be held upon and for the same trusts and purposes and subject to the same conditions reservations and provisos as in and by the said herein recited died of grant are declared in

in that behalf And whereas the said land cannot be sold without the

authority of an Act of Parliament Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—

1. From and after the passing of this Act it shall be lawful for the said James Holmes Thomas Baird John Cassels Ryrie Thomas Alexander Thompson and James Osborne as such trustees as aforesaid or other the trustees or trustee of the said piece or parcel of land to sell and dispose of the said piece or parcel of land hereinbefore des­ cribed by public auction or private contract and either in one lot or several lots as they shall deem most expedient for such price or prices as can be reasonably had or obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or pur­ chasers thereof and thereupon the same shall vest respectively in the said purchaser or purchasers his or their heirs and assigns absolutely freed and discharged from the said trusts affecting the same and the receipt in writing of the said trustees or other the trustees or trustee of the said piece or parcel of land shall absolutely discharge the pur­ chaser or purchasers of the said land or any part or parts thereof from the purchase money payable by him or them respectively or shall exonerate him or them from seeing to the application of the said purchase money and from all liability as to the misapplication or non- application thereof.
2. The said trustees and their successors shall stand possessed of all moneys arising from any and every sale or sales as aforesaid upon trusts to lay out the proceeds of such sale first in the purchase of other lands in or near the said town of Dubbo to be held by the said trustees and their successors upon trust as a site for a dwelling-house garden and other appurtenances for the clergyman duly appointed to officiate in the church under the superintendence of and in connection with the General Assembly of the Presbyterian Church of New South Wales erected at Dubbo and subject to the conditions reservations and provisos in the said deed or grant dated the sixteenth day of February one thousand eight hundred and seventy-two contained and to apply the remainder if any of the proceeds after paying thereout the costs of obtaining this Act and all the expenses incurred in the said sale or otherwise in or towards the erection and maintenance of a dwelling- house garden and other appurtenances for the clergyman duly appointed to officiate in the church under the superintendence of and

in connection with the General Assembly of the Presbyterian Church	of New South Wales erected at Dubbo And the receipt of any person
or persons to whom any moneys shall be paid under the provisions of this Act shall be a valid and complete discharge to the person or persons paying the same for such moneys.

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