Lyndhurst Roman Catholic Church Land Sale Act of 1878 No lrc (NSW)

An Act to enable the Very Reverend William Gillett the Very Reverend Timothy McCarthy and Thomas Cooper Makinson Trustees of about three acres of land and the residence thereon situate at the Glebe near Sydney and known as Lyndhurst to sell the said land and to provide for the appropriation of the proceeds thereof. [5th April, 1878.]

WH E R E A S by an indenture bearing date on or about the twenty-fifth day of M a y in the year of our Lord one thousand eight

hundred and fifty-two and made between the Bank of Australasia of

the one part and the R igh t Reverend Charles Henry Davis the Honorable Roge r Therry and the V e r y Reverend Henry Gregory Gregory of the other part the parcel of land described in the Schedule hereto with the mansion house thereon and the appurtenances thereto was conveyed and assured unto the said Charles Henry Davis Roge r Therry and Henry Gregory Gregory and their heirs upon trust to permit and suffer His Grace the Mos t Reverend John Bede Polding the R o m a n Catholic Archbishop of Sydney to use occupy possess and enjoy

enjoy the same as a residence during such time as he should remain and
be the resident head of the R o m a n Catholic Church in the Colony of
N e w South Wales and upon his decease removal or resignation then
upon trust to permit and suffer the resident head for the time being ol! the Roman Catholic Church in the said Colony to occupy possess and enjoy the same as a residence A n d whereas by an order made in the Supreme Court of New South Wales in its Equitable Jurisdiction by His H o n o r John Fletcher Hargravc Primary Judge in Equity on the twenty-first day of August one thousand eight hundred and seventy- seven I t was ordered that the said hereditaments therein mentioned and described in the Schedule hereto should be and the same thereby were vested in the said Wil l iam Gillett Timothy McCar thy and Thomas Cooper Makinson and their heirs in the place of the said Charles Henry Davis Roge r Therry and Henry Gregory Gregory upon the trusts declared in and by the said indenture of the twenty- fifth day of M a y one thousand eight hundred and fifty-two or such of them as were then subsisting and capable o f taking effect A n d whereas the said John Bede Polding lately departed this life and the
Mos t Reverend R o g e r Bede Vaughan i s now the R o m a n Catholic Arch ­
bishop of Sydney and the resident head for the time being of the Roman Catholic Church in the said Colony A n d whereas the said hereditaments are not now required for or suitable as a residence for the head for the t ime being of the R o m a n Catholic Church in New South Wales A n d it is expedient that the same hereditaments should be sold and that the proceeds to arise f rom such sale should be laid out upon similar trusts to those hereinbefore mentioned Be it therefore enacted
b y the Queen's Most Excellent Majesty by and with the advice and
consent of the Legislative Council and Legislative Assembly in Par­

liament assembled and by the authority of the same as follows : —

1. P r o m and after the passing of this A c t it shall be lawful

for the said Wi l l i am Gillett Timothy McCar thy and Thomas Cooper
Makinson or other the trustees for the time beivur of the said indenture
of the twenty-fifth day of May one thousand eight hundred and fifty-two
to sell and dispose of the said land described in the Schedule hereto with the appurtenances thereto 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 purchasers thereof in fee simple freed and discharged from the said trusts affecting the same and the receipt in writing of

chaser or purchasers of the said land or any part or parts thereof from	the said trustees for the time being shall absolutely discharge the pur­
the purchase money payable by h im or them respectively and shall exonerate h im or them from seeing to the application of the said pur­ chase money and from all liability as to the misapplication or non- application thereof.
2. The trustees for the t ime being of the said indenture shall stand possessed of all moneys arising from any and every sale or sales as aforesaid upon trust to lay the same out in the purchase of other lands within the arch-diocese of Sydney to be held upon such of the
trusts of the said indenture as shall be subsisting or capable of taking
effect or upon building a residence for the head for the t ime being of
the Roman Catholic Church in the said Colony upon lands in or near the said city which arc or shall be vested in trustees upon the like trusts.
3. This A c t may be cited as the " Lvndhurst R o m a n Catholic Church Land Sale A c t o f 1878."

T H E

THE SCHEDULE W I T H I N MENTIONED.

A L L that parcel of land situated in the parish of Petersham and Colony of New South Wales being a portion of the Lyndhurst Estate containing three acres more or less Com­ mencing at high-water-mark in Blaekwattle Swamp Cove distant seven chains twenty links iu a north-westerly direction from the eastern corner of the said estate and bounded

on the south-east by a line bearing west forty degrees south eight chains forty-five
links on the south-west by a line bearing north thirty-nine degrees thirty minutes west three chains sixty links on the north-west by a line bearing east thirty-nine degrees thirty minutes north eight chains twenty links to high-water-mark and on the north-oast

by the said cove bearing south-easterly to the point of commencement.