Jewish Synagogue and Schools Act of 1872 No jss (NSW)

An Act to make provision for the sale and disposition and for the application of the proceeds of certain Lands and Heredita­ ments in the City of Sydney held upon Trusts for a Jewish Synagogue and School and for the appointment of Trustees for such purposes and to declare the Trusts of Lands and Premises appropriated for a Jewish Synagogue and School. [12th

August, 1872.]

WH E R E A S by a deed of g ran t bear ing date t he seventh day of M a y one thousand eight hund red and fifty unde r t h e h a n d of

H i s Excel lency Sir Charles Augus tus Fitz Roy K n i g h t Capta in General and Governor-in-Chief of the Colony of N e w South W a l e s and the seal of t he said Colony H e r Majesty Queen Victoria did the reby g ran t u n t o I saac Levey Moses Jo seph Lawrence Spyer and El ias Moses the i r hei rs and assigns Al l t h a t piece or parcel of l and ment ioned a n d described in Schedule A hereunder u p o n t rus t for t h e erection the reon of a Schoolhouse for the use of the members of the Jewish faith a n d for

for no other purposes whatsoever A n d whereas by an inden tu re

bear ing date t he first day of December one thousand eight h u n d r e d and forty-two m a d e be tween Moses Joseph of t h e first pa r t Lewis B a r n e t t a t rus tee for t h e purpose thereinaf ter men t ioned of the second pa r t and the said Moses Joseph Isaac S immons J o h n Isaacs I s rae l Solomon and A b r a h a m Elias thereinaf ter designated t rus tees of t he th i rd p a r t rec i t ing t h a t the said I saac Simmons J o h n Isaacs I s rae l Solomon and A b r a h a m El ias for and on behalf of themselves and of all other t he members of t he Jewish persuasion in t he Colony aforesaid wi th and out of ce r ta in moneys placed in the i r hands for t ha t purpose

by various m e m b e r s of t h e said Jewish persuasion had cont rac ted wi th

t h e said Moses Jo seph for t h e purchase of t h e l and thereinafter described or appointed and released The said Moses Joseph the reby appointed and also granted barga ined sold released and confirmed all those several and respective parcels of land and heredi taments men­ t ioned and described in Schedule B hereunder u n t o t he said Lewis Ba rne t t and his heirs to t h e use of t h e said Trustees the i r heirs and assigns for ever b u t nevertheless upon the t rus ts and for t he ends in tents and purposes and wi th under and subject to t he powers provi­ sions declarations and agreements thereinafter expressed and declared concerning t h e same t h a t is to say upon t rus t as a site for t he erection of a bui ld ing or Synagogue the reon for t he performance of publ ic worship according to t h e r i tua l of t he Jewish persuasion and for such other purposes m a t t e r s and th ings connected the rewi th as are usua l and cus tomary and w h e n and so soon as such bui ld ing and other erec­ t ions a p p u r t e n a n t there to should have been made thereon then in t rus t for themselves t h e said Trustees and all o ther t h e members of the Jewish persuasion in the Colony of N e w South Wales aforesaid as a Synagogue for t h e performance of publ ic worship according to t he r i tes of t h e Jewish persuasion for ever A n d whereas by a deed of g ran t bear ing date t h e th i r t i e th day of M a r c h one t housand e ight hundred and forty unde r the h a n d of H i s Excel lency Sir George Gipps K n i g h t Capta in Genera l a n d Governor-in-Chiof of t he Colony of N e w

South W a l e s a n d t h e seal of t h e said Colony H e r Majesty Queen

Victor ia did the reby g r a n t u n t o Simon Lea r of Macquar ic-s t ree t

Sydney his hei rs and assigns all t h a t parcel of land there in ment ioned

and described hereunder And whereas by an inden ture bear ing date t h e seventeenth day of M a y one thousand eight hund red and forty- two made between the said Simon Lear of the one pa r t and J e a n Malcolm of t h e other p a r t t he parcel of land comprised in t he lastly hereinbefore recited deed of g ran t w i th t h e appur tenances were g ran ted

and released u n t o and to t h e use of the said J e a n Malcolm her hei rs

and assigns subject to a proviso for redempt ion contained in t he said reci t ing inden tu re upon paymen t on t h e seventeenth day of M a y one

thousand eight hund red and forty-three of t he s u m of th ree	hund red
pounds wi th interest the reon as there in ment ioned	A n d the now

rec i t ing inden tu re contains a proviso enabl ing the said J e a n Malco lm her heirs executors adminis t ra tors or assigns upon default in paymen t of t he pr incipal money or interest thereby secured to sell and dispose of t he land and hered i taments hereby assured or any par t thereof by publ ic auct ion or pr ivate cont rac t as she or they should th ink fit A n d whereas t h e said Simon Lear by his last will and t e s t amen t bea r ing da te t h e seventeenth day of September one thousand eight hundred a n d forty-seven devised un to A b r a h a m Polack J a m e s Simmons and the said Moses Jo seph and the i r heirs (amongst other heredi taments) Al l t h a t t h e said parcel of land ment ioned and described in t he Schedule C here­ u n d e r upon t rus t for the benefit of his wife El izabeth Lear for life and after he r death as to the said land ment ioned and described in Schedule C in t r u s t for t he Trustees or Trustee for t h e t ime being of t he Jewish

Synagogue

Synagogue in Sydney for t h e ma in t enance of t h e said Synagogue and

the publ ic worship the re in A n d whereas t h e said Simon Lear died on or about t h e e igh teen th day of September one thousand e ight hund red and forty-seven wi thou t hav ing revoked or a l tered his said wil l and t h e said El izabeth Lea r t h e wife of t he said Simon Lear died in or about t h e m o n t h of J a n u a r y one thousand e ight h u n d r e d and

fifty A n d whereas by another i nden tu r e bear ing date t h e twenty-first day of M a y one thousand eight h u n d r e d and forty-nine m a d e between the said J e a n Malco lm of t h e one par t and Isaac Levey and El ias Moses of t he o ther p a r t rec i t ing t h a t the re was t h e n due and owing to t h e

said	J e a n	Malco lm u n d e r and by v i r tue of t he hereinbefore	reci ted
i nden tu r e of mor tgage t h e s u m of two hund red	and	fifty-two	pounds

t en shill ings for pr inc ipa l and in teres t in consideration of t he sum of

two h u n d r e d a n d fifty-two pounds t en shillings expressed to have

been paid by t h e said I saac Levey and El ias Moses to t h e said J e a n

Malco lm all and s ingular t h e lands a n d hered i taments comprised in

a n d assured by the hereinbefore reci ted i nden tu re of mor tgage were g ran ted and released u n t o and to t h e use of t h e said I saac Levey and El ias Moses the i r heirs a n d assigns subject to t he equi ty of redempt ion subsist ing the re in A n d whereas t h e moneys expressed to have been paid in t h e lastly-hereinbefore reci ted inden tu re by t h e said I saac Levey a n d El ias Moses were moneys paid by t h e m belonging to t h e Sydney

Synagogue York-s t ree t or contr ibuted by the member s thereof A n d

whereas by ano ther i nden tu re bear ing date t he e leventh day of J a n u a r y

one thousand e ight h u n d r e d and fifty-one made between t h e said

I saac Levey and El ias Moses of t h e one p a r t a n d J o h n Wil l iams of

t h e other p a r t a por t ion of t h e land a n d he red i t ament s comprised in t h e last ly-hereinbefore reci ted deed of g r a n t were in exercise of t h e power of sale contained in t h e hereinbefore recited i nden tu re of mor tgage g ran ted a n d released u n t o and to t he use of t h e said J o h n Wi l l i ams his hei rs and assigns leaving t h e premises comprised in t h e Schedule C he reunde r subject to t he t r u s t declared by t h e will of t h e said Simon

Lear deceased A n d whereas by a m e m o r a n d u m of t ransfer under t h e

R e a l P rope r ty A c t bear ing date t h e twen ty -e igh th day of February one thousand eight h u n d r e d and seventy-one and numbered five thousand eight hund red a n d twenty- two unde r t h e hands of J a m e s Tabar and George Tabar in considerat ion of t h e s u m of two thousand pounds paid to t h e m by J o h n Solomon Moses Moss and David Lawrence Levy t h e piece or parce l of land a n d he red i t aments ment ioned and described i n t h e Schedule D hereunder s i tuate in El izabe th and Cast lereagh

and David Lawrence Levy the i r heirs and assigns and a certificate of	Streets Sydney were t ransferred to t he said J o h n Solomon Moses Moss
t i t le bea r ing date t h e twenty-first day of M a r c h one thousand e ight
h u n d r e d and seventy-one registered vo lume one h u n d r e d and seventeen
folio seventy-seven has been issued u n d e r t h e I l ea l P r o p e r t y A c t to t he said J o h n Solomon Moses Moss and David Lawrence Levy as t he registered proprietors in jo in t t enancy of t h e said land and heredita­ men t s A n d whereas t h e purchase money of t h e said lands and he red i t aments has been paid by t h e said J o h n Solomon Moses Moss a n d David Lawrence Levy par t ly w i th cer tain t r u s t moneys being a s u m voted by t h e Legislat ive Assembly of N e w South Wales on the twelfth day of Apr i l one thousand eight hund red and seventy as a compensat ion to t he Jewish communi ty for cer ta in lands and heredi ta­ m e n t s in Kent - s t ree t Sydney some years since appropriated by t h e Gove rnmen t of N e w South W a l e s as a site for t he erection thereon of a Synagogue b u t subsequent ly otherwise granted by the Crown a n d par t ly out of moneys contr ibuted by members of t he Jewish c o m m u n i t y towards t h e erection of a new Synagogue bui ld ing or buildings and t h e said land and hered i taments ment ioned and described in t he Schedule

D

D he reunde r were so purchased and transferred to t h e said J o h n Solomon Moses Moss and David Lawrence Levy as Trustees for t h e Jewish communi ty in t h e Colony of N e w South Wales of t h e said land a n d hered i taments for t h e erection of a new Synagogue bui ld ing or bui ldings thereon A n d the nomina t ion of t h e said J o h n Solomon Moses Moss and David Lawrence Levy was confirmed a n d the i r appo in tmen t as such Trustees de termined by a resolution adopted at a publ ic mee t ing of t he Jewish communi ty he ld a t t h e Masonic H a l l York-s t ree t Sydney on the th i r t een th day of March one thousand e ight hundred and seventy-one a t which mee t ing the promoters of this Bil l were also appoin ted a Commit tee wi th power to add to thei r n u m b e r for car ry ing out a resolut ion adopted a t such mee t ing for t he erect ion

of a place of worship u p o n the said land and heredi taments men t ioned

and described in the said Schedule D hereunder A n d whereas I saac Levey one of t h e Trus tees named in t h e hereinbefore reci ted deed of g ran t of t he said land ment ioned and described in t h e said Schedule A hereunder died on or about t he th i r t i e th day of M a y one thousand e ight h u n d r e d and sixty and Moses Joseph and Lawrence Spyer other Trustees n a m e d in t h e said deed of g ran t have been for some t ime pas t and now are pe rmanen t ly resident out of t he Colony of N e w South Wales and the said El ias Moses the o ther Trustee named in t he said deed of g ran t has long been resident out of t he Colony or dis tant from Sydney aforesaid A n d whereas t h e said Moses Joseph and Is rae l Solomon two of t h e said Trustees of t he said parcels of l and ment ioned and described in t he said Schedule B hereunder have been for some t ime pas t and now are pe rmanen t ly resident out of t he said Colony A n d the said I saac S immons another of t he said Trustees never accepted or acted in t h e t rus t s of t h e said inden tu re of t he first day of December one thousand eight hundred and forty-two A n d the said J o h n Isaacs another of t h e said Trustees is wil l ing to be discharged from t h e t rus t s of t he said inden tu re A n d t h e said A b r a h a m El ias

t h e o ther Trustee named there in died on or about t h e e ighteenth day

of A u g u s t one thousand e ight hundred and fifty-six and the re has been no appoin tment of any new Trustee or Trustees under t h e power conta ined in the said inden tu re A n d whereas t h e said land ment ioned and described in t he said Schedule A hereunder is ineligible as a site for a School-house for members of t he Jewish faith and i t would be for t he benefit and advantage of all members of t he Jewish faith in t he Colony of N e w South Wales t h a t t h e said land should be sold and the proceeds applied in or towards procur ing suitable School premises or t h a t the same should be exchanged for other more sui table	premises A n d whereas t he said parcels of land ment ioned and described	in the Schedule B hereunder and the buildings erected thereon are now
insufficient in accommodat ion for t he purposes of a Synagogue and members of the Jewish communi ty in t h e City of Sydney have recent ly cont r ibuted largely and subscribed funds for t he erection of a new Synagogue bui ld ing or bui ld ings on the site of land ment ioned and described in t he Schedule D hereunder and i t has been de termined to proceed forthwith wi th t he erection thereof A n d whereas i t is desirable and expedient and i t would be for t he benefit and advantage of t h e members of t h e Jewish communi ty in t he said Colony tha t t he said parcels of land and heredi taments respectively ment ioned and described in t he said Schedules B and C and the bui ldings and erections on t h e said hered i taments ment ioned in t h e said Schedule B should be disposed of and tha t t h e proceeds or value thereof should be applied in or towards t h e erection of t he said new Synagogue bui ld ing or bui ldings b u t there is no power unde r t h e hereinbefore reci ted inden ture of the first day of December one thousand eight h u n d r e d and forty- two to dispose of the said propert ies A n d whereas it may be found

more

more advantageous to exchange and i t would be for t he benefit of all member s of t he Jewish faith in t h e Colony of N e w South Wales t h a t t h e Trustees hereinafter ment ioned should have t h e power of exchang ing t h e said parcel of land ment ioned and described in t he said Schedule A he reunde r for t h e said parcels of land ment ioned and described in t he said Schedule B hereunder and the bui ldings and erections the reon in order t h a t t he said last ly ment ioned premises migh t thencefor th be held for a Jewish School for t h e members of t h e Jewish faith in t h e said Colony for which purpose such lastly men t ioned pre­ mises are specially adapted and should also have the power in t h e event of m a k i n g such exchange of selling t h e said parcel of land ment ioned and described in t he said Schedule A he reunder and of apply ing t he moneys to arise from any such sale in or towards t h e erection of t he said new Synagogue bui ld ing or bui ldings A n d whereas i t is expedient t h a t t he vacancies in t he t rus t s of t he said several heredi taments should be filled u p and o ther Trustees appointed in l ieu of those absent from t h e said Colony and res iding a t a dis tance from Sydney as aforesaid and t h a t for t h e purposes of ca r ry ing out all t h e said objects hereinbefore ment ioned it is expedient to appoint one set of Trus tees for all t h e said several parcels of l and a n d premises ment ioned and described in t he said several Schedules A B and C he reunde r A n d whereas i t is expedient to declare fully and effectually t h e t rus t s upon which any Jewish School-house and School premises should be held A n d to declare fully and effectually t h e t rus t s upon which t h e Trus tees hereinafter ment ioned should hold t he said l and and hered i taments ment ioned a n d described in t he Schedule D hereunder and t h e bui ld ing or bui ldings to be erected thereon A n d to declare the t rus t s of all fu ture propert ies given devised or bequea thed upon t rus t s no t fully expressed to or for t h e ma in tenance of t he said new Synagogue A n d also to m a k e provision for filling u p all future vacancies in t he offices of Trustees of all and every the said propert ies Be i t therefore enacted by t h e Queen 's Most Exce l len t Majesty by and wi th t he advice a n d consent of the Legislat ive Council and Legislat ive Assembly of N e w South Wales in Pa r l i amen t assembled and by the au thor i ty of t h e same as follows :—

1. J o h n Solomon of Alber to Terrace Sydney Esqui re Moses Levy of P i t t - s t r ee t Sydney Solicitor shall henceforth be Trus tees of Moss of Wynya rd - l ane Sydney M e r c h a n t and David Lawrence

all t he several parcels of land ment ioned and described in t he said

several Schedules A B and C hereunder and of all bui ld ings erections and appur tenances the reon and the reun to apper ta in ing in l ieu of t h e	several persons respectively named in t h e hereinbefore reci ted deed of
g ran t inden tu re and will respectively and the said several lands
he red i t aments and premises shall henceforth be vested in t he said J o h n Solomon Moses Moss and David Lawrence Levy the i r he i rs and assigns for an absolute estate of inher i tance in fee simple upon t h e t rus t s and to and for t h e ends in ten ts and purposes and wi th unde r and subject to t h e powers and provisoes herein expressed and contained.
2. I t shall and may be lawful for the said Trustees a t any t ime after t h e pass ing of th is Ac t to sell and dispose of all and s ingular t he hereinbefore ment ioned lands and premises or any or e i ther of t h e m by publ ic auc t ion or pr ivate cont rac t e i ther in one or several lots as t h e said Trus tees shall deem most expedient for such pr ice or prices as can be reasonably h a d or obtained for t h e same and upon such t e rms and conditions of sale as t hey t h e said Trustees shall deem expedient w i th power to buy in t h e said lands he red i t aments and premises or any or ei ther of t h e m or any pa r t or par t s thereof a t any auct ion sale or to rescind or vary t h e t e rms of any cont rac t for sale wi thou t be ing responsible for any loss to be occasioned the reby and

when

w h e n sold to convey the said lands heredi taments and premises or any or e i ther of t h e m or any par t or pa r t s thereof to t he purchaser or purchasers of t h e same in fee simple freed and discharged from the t rus ts affecting t he said lands heredi taments and premises sold or disposed of A n d the receipt or receipts in wr i t ing of t he said Trustees shall absolutely discharge the purchaser or purchasers of t h e lands he red i t ament s a n d premises sold for t h e purchase money payable by h i m her or t h e m respectively and shall exonerate h i m her or t h e m from seeing to t h e appl icat ion of t h e purchase money for t he same and from liabili ty for the misapplicat ion or non-appl icat ion thereof.

3 . I t shall and may be lawful for the said Trustees to allow any purchaser or purchasers of all or any of t h e said lands heredi taments and premises hereinbefore described or any pa r t or par ts thereof credit for any period no t exceeding three years for t he paymen t of t h e whole or p a r t of his he r or thei r purchase money upon such t e rms as to in teres t or otherwise as t h e said Trustees may deem reasonable and proper provided t h a t such lands hered i taments and premises shall r emain unconveyed or shall be rendered a secur i ty by charge mor tgage or otherwise for so m u c h of the purchase money thereof as shall r emain unpa id together wi th interest thereon un t i l paymen t thereof t h e lien of t he said Trustees as vendors cont inuing no twi ths tand ing a n y a r r angemen t as to or security for t he purchase money or any pa r t

thereof r emain ing unpaid .

4. The said Trustees shall s tand possessed of the ne t moneys to arise from any sale of t he said lands hered i taments and premises ment ioned and described in t he said Schedule B hereunder or any p a r t thereof (in t h e event of the same premises or any pa r t thereof be ing sold) and also of t he ne t moneys to arise from the sale of t h e said parcel of land hered i taments and premises ment ioned and described in t he said Schedule C hereunder upon t rus t to apply t h e same a t such t ime or t imes as t hey shall t h i n k lit in or towards t h e erection of a new Synagogue bui ld ing or bui ldings subject in all respects to t he direction a n d control of t he said Commit tee appointed a t t he said publ ic mee t ing held on the th i r t een th day of M a r c h one thousand e ight h u n d r e d and seventy-one A n d in t h e event of t he said parcel of land heredi taments and premises ment ioned and described in t h e said Schedule B he reunde r and t h e said bui ldings thereon no t be ing exchanged and subst i tu ted for t he said parcel of land and heredi ta­ m e n t s ment ioned and described in t h e Schedule A he reunder t h e n t h e said Trustees shall s tand possessed of the ne t moneys to arise from any sale of t he said land and heredi taments ment ioned in t he said Schedule A

or any p a r t thereof upon t ru s t to apply t he same at such t ime or t imes

as they shall deem expedient in or towards t h e purchase of other lands and hered i taments w i th or wi thout bui ldings thereon as a site for or for t h e purposes of a School-house for members of t he Jewish faith in the City of Sydney and also in or towards the erection upon any l and so purchased of a School-house or also in t he a l tera t ion or adapta­ t ion to t he purposes of such School-house of any bui ld ings upon any l and so purchased or if required by t h e said Commit tee shall apply such proceeds of sale in providing sui table School-rooms or premises in connect ion wi th a new Synagogue bui lding.

5. If t h e said Trustees shall be required so to do by the said Commit tee i t shall be lawful for t he said Trustees thei r heirs and assigns to exchange and subst i tu te t he said parcels of land heredi ta­ m e n t s a n d premises ment ioned and described in t he said Schedule B and the bui ld ings and erections thereon for t h e said parcel of land and hered i taments ment ioned and described in the said Schedule A and in t he event of such exchange the said parcels of land hered i taments and premises ment ioned and described in the said Schedule B shall be

applied

applied a n d used for t h e purposes of a School-house or School premises
for member s of t he Jewish faith in t he said City of Sydney.

6. A n y such School-house and premises whe ther purchased or provided unde r and according to t h e provisions of t h e four th section of th is A c t or established on the said parcels of land heredi taments a n d premises ment ioned and described in t h e said Schedule B shall be held in t r u s t for t he purposes of a Jewish School subject to t h e immedia te control of the duly cons t i tu ted Local Board of t h e Jewish Denomina t iona l School in Sydney or in t he Distr ict of t he City of Sydney wi th in which the said premises may be s i tuate and subject to t he regula t ions for t h e t ime be ing of t he said Board in accordance wi th t he Pub l ic Schools Ac t th i r t ie th Victoria n u m b e r twenty- two and subject in all respects t o t he regula t ions of t he Council of Educa t ion appointed under t he said Ac t A n d in t h e event of the re being a t any t ime no certified Jewish Denominat iona l School i n Sydney t h e n such school premises shall be held in t r u s t for t he purposes of a Jewish School subject to any regula t ions which m a y from t ime to t ime be m a d e by subscribers of t he Jewish faith in support thereof.

7. I n t he event of t he said parcels of land and hered i taments ment ioned and described in t he said Schedule B and t h e bui ldings and erections the reon being exchanged and subst i tu ted for t he said parcel of land men t ioned and described in the said Schedule A t h e said Trustees shal l s tand possessed of t h e ne t moneys to arise from any and every sale or sales of the said l ands hered i taments and premises ment ioned and described in t he said Schedule A upon t ru s t to apply t h e same in or towards t h e erect ion of a new Synagogue bui ld ing or

bui ld ings in m a n n e r and subject as aforesaid.

8. The said l and and hered i taments ment ioned and described in t h e Schedule D he reunder shall be held by t h e said Trustees u p o n t ru s t as a site for t he erection thereon of a new Synagogue bui ld ing or bui ldings according to t h e directions of t h e Commit tee cons t i tu ted

by the said publ ic meet ing held on the t h i r t een th	day of	M a r c h
one thousand e ight h u n d r e d and seventy-one A n d from and after t h e erection of such bui ld ing or bui ld ings and the consecration of t h e said new Synagogue t h e said land heredi taments and premises shal l subject to t h e provisions of section six of th is A c t as to any School pre­ mises provided in connection therewi th be held upon t rus t as a Synagogue for t he members of the Jewish communi ty of the Colony of N e w South Wales and for t h e performance of publ ic worship there in by members of t h e Jewish faith subject to t he direction and control and	subject to t h e laws and regulat ions made from t i m e to t ime by t h e	Board of M a n a g e m e n t for t h e t ime-being of the said new Synagogue
to be elected after t h e first election hereinafter provided for by t h e seatholders thereof in accordance with such laws and regula t ions t he first Board of M a n a g e m e n t of t h e said new Synagogue for t h e cu r ren t Jewish year to consist of a Pres ident Treasurer and eight Com­ mi t t ee m e n elected by bal lot and by a majori ty of votes by t h e subscribers of t he Jewish faith to t he said fund t aken personally or by proxy at a publ ic mee t ing to be convened th ree mon ths prior to t h e consecration of t h e said Synagogue by fourteen days previous notice published in two Sydney newspapers such election to be m a d e from the persons nomina ted for election to such Board of M a n a g e m e n t a t a public mee t ing of t he said subscribers to be held one m o n t h previous to the said meet ing for election and to be convened by seven days previous not ice in two Sydney newspapers and in t ak ing t h e votes a t such mee t ing for election every individual subscriber to t h e a m o u n t of one pound shall be ent i t led to a vote and every subscriber cont r ibu t ing to t he a m o u n t of t en pounds shall be ent i t led to two votes and also to a fur ther vote for every addit ional t en pounds contr ibuted.

9. All propert ies real and personal hereafter given devised or bequea thed to or for t h e said new Synagogue shall unless there be t he expression of any cont ra ry in ten t ion in t he deed of gift will or o ther i n s t r u m e n t giving devising or bequea th ing t h e same or any provision there in inconsis tent herewi th be conveyed assigned or otherwise assured to t h e said Trustees and unless otherwise provided for by t he said deed of gift will or other i n s t rumen t shall be applied towards t he erect ion of or t h e suppor t or main tenance of the said n e w Synagogue according or subject to t he direction of t h e said Board of M a n a g e m e n t and subject to any provisions in any deed wil l or i n s t rumen t conveying assigning devising or bequea th ing the same and so far as shall no t be inconsistent wi th any such deed will or i n s t r u m e n t it shall and may be lawful for t he said Trustees a t any t ime when required so to do by the said Commit tee and after t he consecration of t he said new Synagogue w h e n required to do so by t h e Board of M a n a g e m e n t for t h e t ime-being of t h e said Synagogue elected as aforesaid to sell and dispose in m a n n e r hereinbefore men­ t ioned of any such real or personal p roper ty or of any p a r t or par t s thereof wi th power to convey assign or otherwise assure t he same when sold to t h e purchaser or purchasers thereof wi th t he l ike full a n d discret ionary powers upon t h e sale or sales of any such proper ty as are hereby conferred as to t he lands and hered i taments described in t he Schedules A B and C hereunder wi th the l ike power to give receipts to any purchaser or purchasers which shall in l ike m a n n e r discharge h i m her or t h e m for t he purchase money payable and shall exonerate h im he r or t h e m from seeing to t h e appl icat ion or from liabil i ty for

t h e misappl ica t ion or non-appl icat ion thereof.

10. W h e n e v e r and so often as any one or more of t he said Trustees or any Trustee appointed unde r t he provisions of th is Ac t shall die or resign his office of Trustee or shall go to reside out of t h e Colony of NEW South Wales or reside one hundred miles dis tant from Sydney for a period of twelve m o n t h s i t shall be lawful for t h e surviving or o ther con t inu ing Trus tees or Trus tee or for t he last re t i r ing Trus tee or for t h e ac t ing executors or adminis t ra tors of t he last surviving or con­ t i n u i n g Trus tee by in s t rumen t in wr i t ing to appoint any person or persons nomina ted for t he purpose by t h e said Commit tee and after t h e consecration of t h e said new Synagogue by the Board of Manage ­ m e n t for t he t ime being of t he said Synagogue to be a new Trustee or new Trustees in t he place of the Trus tee or Trustees so dying res igning going to reside out of t he Colony or residing so distant from Sydney as aforesaid and so often as any new Trustee or Trustees shall be so

be vested in t he surviving or cont inuing Trustees or Trus tee or the

appointed as aforesaid t he t rus t premises which for t he t ime-being shall

last re t i r ing Trus tee or t he heirs executors or adminis t ra tors of any such surviving or cont inuing Trustee shall by v i r tue of such appoint­ m e n t and wi thout other assurance in the law become and be conveyed and transferred so t h a t t he same shall the reupon become and be legally and effectually vested in such new Trustee or Trustees e i ther solely or joint ly wi th t he surviving or cont inuing Trustees or Trus tee as t he case m a y require and every new Trustee to be appointed as aforesaid sha l l have the l ike powers authori t ies and discretions and shall and may in all respects act as if he had been originally appointed a Trus tee by th is Act .

1 1 . W h e r e v e r the expression " t h e said Trus tees" occurs or is

used in th is Act such expression shall be construed and t aken to mean and include any Trustees of t he said t ru s t premises whether original

or subst i tuted.

12. This A c t may be cited as t h e " J e w i s h Svnagogue and Schools Ac t of 1872 ."

S C H E D U L E S .

S C H E D U L E S .

S C H E D U L E A.

Al l t h a t piece or parcel of land in t h e Colony of New South Wales containing by admeasurement sixteen and one quar t e r perches be t he same more or less si tuated in the county of Cumber land parish of St . Philip and city of Sydney being al lotment number twenty-five and pa r t of number twenty-six on Church Hi l l commencing a t the intersect ion of Charlot te-place wi th Pr inces-s t reet and bounded on the south by Charlot te-place bear ing west fifteen degrees south sixty-seven feet th ree inches on the west by a lane s ixteen feet wide bear ing nor th fifteen degrees west fifty-nine feet on the no r th by a l ine bear ing east fifteen degrees no r th eighty-six feet th ree inches and on the east by t he building-line of Pr inces-s t reet sixty-two feet southerly to t he commencing corner.

S C H E D U L E B .

All t ha t parcel of land s i tua te in York-s t ree t in the parish of St. Andrews in t he city of Sydney being lot C Commencing a t t he building-line of t ha t s t reet and bounded on the south by lot B bear ing wester ly ninety-six feet six inches to Marke t - row on the west by Marke t - row bearing nor ther ly eighteen feet on the nor th by lot D being a l ine bear ing easterly ninety-four feet eight inches to t he building-line in York-s t ree t on t he east by the said building-line in York-s t ree t bearing about south to t he nor th-eas t corner of lot B eighteen feet which corner is the poin t of commencement A nd also all t h a t parcel of land s i tua te in York-s t ree t aforesaid being lots A and B according to a p lan exhibited a t t he sale thereof containing eleven perches and one half of a perch bounded on the south by the p roper ty of M r . Joseph Nobbs commencing a t t he building-line in York-s t ree t bearing according to t he deed of gran t west eleven degrees south one hundred feet six inches on the west by Marke t - row bearing nor th eleven degrees fifty minutes west t h i r ty feet t en inches or twenty-n ine feet two inches from the no r the rn side of t he wall on the no r th by lot C bear ing east four teen degrees forty-five minu tes nor th ninety-six feet six inches to the building-line in York-s t ree t and on the east by t h e said building-line bearing according to t he deed of g ran t south fifteen degrees fifteen minutes east th i r ty-eight feet six inches to the commencing point .

S C H E D U L E C.

All t ha t a l lotment or parcel of land in the Colony of N e w South W a l e s conta ining

by admeasurement twenty-one perches s i tuated in t he town of Sydney parish of St . J ames and county of Cumber land al lotment number five of section n u m b e r forty-one and bounded on the east by t he building-line of Macquar ie-s t reet bear ing nor th th ree degrees fifteen minu tes west seventy-nine links on the nor th by al lotment number six bearing west four degrees n o r th one hundred and thir ty-eight l inks on the west by al lotments numbers twenty-five and twenty-six bear ing south th ree degrees th i r ty minu tes west e ighteen and a quar t e r l inks t h e n west t h i r ty links t h e n south t h r e e degrees th i r ty minu tes west sixty-two links and on the south by a l lo tment number four bear ing east one hundred and seventy-six l inks being the a l lo tment advert ised in t h e name of Simon Lear as number six in the Government notice da ted t h e t e n t h day of F e b r u a r y one thousand eight hundred and forty less All t h a t parcel of land being port ion of t he above-mentioned al lotment bounded on the east by Macquar ie - s t ree t commencing a t the nor th-eas t corner of lot four and bear ing nor th t h r ee degrees fifteen

minutes west two feet t en inches on the no r th by a line bearing west one hundred and	sixteen feet on the west by a line bear ing souther ly two feet t en inches to t he nor th-wes t
corner of t he said lot n u m b e r four and on the south by a line bear ing east being the nor th boundary of lot four aforesaid one hundred and sixteen feet one inch to t he poin t of commencement being t h e land conveyed to t he said J o h n Wil l iams by the inden tu re of t he eleventh day of J a n u a r y one thousand eight hundred and fifty-one hereinbefore mentioned.

S C H E D U L E D .

All t ha t piece of land s i tuated in t he city of Sydney parish of St. J a m e s and coun ty of Cumberland containing thirty-five perches or thereabouts Commencing on the wes te rn side of El izabeth-street a t the south-eastern corner of land of the Odd Fel lows Society and bounded on the nor th by t h a t land bearing westerly two hundred and twenty- eight l inks t o Cast lereagh-street O n the west by tha t s t reet bearing southerly n ine ty- six l inks to land of t he late T. Flood on the south by t h a t land bear ing easterly two hundred and twenty-e ight links to Elizabeth-street aforesaid and on the east by t h a t s t ree t bearing nor ther ly ninety-seven links to the point of commencement being al lotment number fifteen of section th i r ty - th ree delineated on the public map of t he said City deposited in the office of t he Surveyor Genera l originally gran ted to Thomas Taber t h e elder by Crown gran t da ted t he twelfth day of Ju ly one thousand eight hundred and thi r ty-nine.

A n