Methodist Missionaries Trustees Act 1834 No mmt (NSW)

An Act for enabling t he Missionaries of the people called Methodists to sell a certain piece of ground in Macquarie-street Sydney for the purpose of purchasing other land in a more central situation to erect a new Chapel

thereon. [7th October, 1834.]

WH E R E A S by a cer ta in deed of g ran t bear ing date on or about

t he n i n t h day of J a n u a r y one thousand e ight h u n d r e d and

twenty-one H i s Excel lency Lach lan Macquar ie t h e n Capta in General and Governor- in-Chief and unde r and by v i r tue of t he power and au tho r i t y in h i m vested did give a n d g r a n t u n t o Benjamin Carvosso W a l t e r L a w r y and R a l p h Mansfield Missionaries of t h e people called Methodis t s thei r assigns and successors for ever in t r u s t for t h e use of t he Missionaries appoin ted and to be thereafter appoin ted by t h e yearly conference of Methodis t s la te in con­ nection wi th t h e Reve rend J o h n Wes ley deceased for t h e purpose of erec t ing a Methodis t Chapel the reon all t h a t piece or parcel of g r o u n d conta in ing sixty-six rods ly ing and s i tuate in t h e town of

Sydney bounded on t h e east by Macquar ie -s t ree t bea r ing nor th two

recal led to E n g l a n d by the conference of t he people called Methodis ts and t he said R a l p h Mansfield has ceased to act as Miss ionary of the said society or people called Methodis t s A n d whereas Joseph Or ton Wi l l i am

and two- th i rd degrees west one h u n d r e d a n d sixty-six feet on t he

n o r t h side by a line bea r ing west two and one- thi rd degrees south one hundred and seven feet on the west by a l ine bear ing sou th one qua r t e r of a degree east one hundred and sixty-six feet and on the south by a l ine bea r ing east two and a half degrees n o r t h one h u n d r e d and th i r t een feet reserving a t all t imes t he r i g h t of appro­

p r i a t ing such pa r t s as m i g h t be deemed necessary by t he Governor

for t he t ime being for m a k i n g	and improv ing t h e streets and pay ing
to t he Crown an annua l qu i t - ren t of one pound fifteen	shil l ings
and four-pence	A n d whereas a chapel was duly erected on such piece

of g round for t h e use of t h e people called Methodis t s A n d whereas such chapel be ing in an inconvenient s i tuat ion it is deemed expedient to sell t he said piece of land and to purchase o ther land in a more cen t ra l s i tuat ion in t h e town of Sydney and erect a chapel on such purchased l and for t he use of t he people called Methodis t s A n d

whereas t h e said Benjamin Carvosso and W a l t e r L a w r y have been

W i l l i a m Schofield and Wi l l i am Simpson Missionaries of t he said society or people now residing in N e w South Wales have been regular ly appoin ted by the yearly conference of t h e Methodis t s as t h e successors of t he said Benjamin Carvosso W a l t e r Lawry and Ralph Mansfield and a re now in possession of t h e said piece of land and t h e chapel erected the reon A n d whereas for t h e purpose of effecting t he above in ten t ions i t is expedient, t h a t t he said Joseph Or ton W i l l i a m Schofield a n d W i l l i a m Simpson should be enabled a n d author ized to sell and dispose of t he said piece of l and in Macquar ie -s t ree t and to pu rchase other land a n d to erect ano the r chapel ou t of t he proceeds to arise from such sale for t h e use of t h e people called Methodis t s A n d whereas it is expedient t ha t all doubts should be removed as to t h e persons in w h o m t h e legal es ta te of t he said piece of l and in Macquar ie -s t ree t is now and in whom the legal es ta te of t he land to be so purchased as aforesaid shall be vested b u t as such objects cannot be accomplished wi thou t t he aid and au tho r i t y of t he Legislat ive Counci l Be i t therefore enacted by H i s Exce l lency the Governor of N e w Sou th W a l e s wi th t h e advice of the Legis la t ive Counci l thereof Tha t from and after t he pass ing of th is Act t h e legal es ta te of t he said piece or parcel of g r o u n d so g ran ted by H i s Excel lency Governor M a c q u a r i e by t h e hereinbefore reci ted g ran t shall be considered and t h e same is hereby declared to be vested in the said Jo seph Or ton W i l l i a m Schofield a n d Wi l l i am Simpson Mission­ aries appoin ted by the conference of t h e said society of people called Methodis t s and t h a t t he legal estate in such piece or parce l of g round or in any o ther piece or parcel of g round to be purchased out of the moneys to arise from t h e sale of t he said l and in Macquar ie -s t ree t unde r t h e provisions of t h i s A c t shall vest in t h e said Missionaries for t h e t i m e being a n d the i r successors who shall be regu la r ly appointed

by t h e conference of t h e people called Methodis t s in E n g l a n d la te in

connect ion wi th the said J o h n Wes ley deceased.

2. A n d be it fu r ther enacted Tha t from and immedia te ly after

t he pass ing of th i s Ac t it shall be lawful for t he said Joseph Or ton

W i l l i a m Schofield and Wi l l i am Simpson or the i r successors Mission­ aries for t h e t ime being appointed by t h e conference of t h e said society of people called Methodis t s by publ ic sale to sell and dispose of t h e said piece or parcel of land in Macquar ie - s t ree t toge ther wi th t he mater ia ls of t he chapel now erected the reon and to execute to t he purchaser or pu rchase r s thereof respectively a deed or deeds of sale and conveyance of t he same.

3 . A n d be it fur ther enac ted T h a t t h e moneys to arise from the

sale of t h e said l and and of t he mater ia l s of t he said chapel shall be
pa id in to t h e hands of t h e Colonial Treasure r to t he credit of t he	said

J o s e p h Or ton Wi l l i am Schofield and Wi l l i am Simpson a n d the i r successors Missionaries for t h e t ime be ing appointed by the con­ ference of t he said society called Methodis t s and t h a t t he receipt of t h e Colonial Treasure r shall be a sufficient d ischarge to t h e pu rchase r or pu rchase r s of t h e said piece or parcel of land and of t h e mater ia l s of t h e said chapel.

4. A n d be it fur ther enac ted Tha t from and after t he passing of th i s A c t it shal l he lawful for t h e said Jo seph Or ton Wi l l i am

Schofield and W i l l i a m Simpson or the i r successors for t he t ime be ing Missionaries as aforesaid to contract for t h e purchase of any piece or parcel of g round in the town of Sydney for t he purpose of e rec t ing a chapel the reon for t he use of t he people called Methodis t s in t he room or stead of the said chapel erected on t h e said piece or parce l of

g round in Macquar ie -s t ree t .

5. A n d be it fur ther enacted Tha t it shall be lawful for t h e said Missionaries or the i r successors appointed by t h e conference as aforesaid for t he t ime being to cause est imates of t he expense of e rec t ing a n d bu i ld ing such in tended chapel to be m a d e and upon such

es t imate

es t imate being approved of by H i s Excel lency t h e Governor of Now South Wales to cause such in tended new chapel to be erected and bui l t and it shall be lawful for t he said Governor from t ime to t ime by war ran t unde r his h a n d to direct t he Colonial Treasurer to pay to the said Missionaries or the i r successors appointed as aforesaid the a m o u n t of all such sum or sums of money to become due for or on account of the purchase money of the said land and of t he expense of erect ing t h e said chapel Provided t h a t t h e moneys so to be drawn for do not exceed in a m o u n t and value the moneys paid in to the hands of the Colonial Treasurer on account of moneys received from the sale of the said land in Macquar ie -s t ree t and t h e mater ia l s of the said chapel a n d the receipt or receipts of the said Missionaries or of the Miss ionary or Missionaries for the t ime being appointed by the con­ ference aforesaid shall be a sufficient discharge to t h e Colonial Treasurer for all moneys which shall be paid by h im as aforesaid on account of such land so to be purchased or on account of t h e bui ld ing erec t ing and finishing of such new chapel A n d provided fur ther t h a t no s u m or sums of money shall be so d rawn out of t he hands of t h e said Treasurer unless it shall appear to H i s Excel lency the Governor for t he t ime being tha t t he a m o u n t of such sum or sums so required to be wi thdrawn from the said Treasurer has or have been fully and bona fide expended in t h e purchase of t he said land and in t h e erection of t he said new chapel for the purposes aforesaid.

6. A n d be i t fur ther enacted Tha t t he land to be purchased as aforesaid and the said chapel when bui l t and erected and the several pews and seats wi th in t he same and the r en t s profits and proceeds thereof shall be and the same are hereby declared to be vested in t h e said J o s e p h Or ton Wi l l i am Schofield and W i l l i a m Simpson and the i r successors for t he t ime being Missionaries appointed by the conference of the people called Methodis t s or in such o ther persons as may be hereafter chosen as Trus tees thereof unde r and in conformity wi th t he rules and regula t ions of t he said conference of Methodis t s wi th full power a n d au tho r i t y for t he said Joseph Or ton W i l l i a m Schofield and Wil l iam Simpson or the i r successors as aforesaid to t ransfer such land and chapel to such Trus tees who arc respectively to execute t he usual deed of t r u s t framed and recommended by the said conference for the use of the said people called Methodis ts .
7. A n d be i t fur ther enacted Tha t in case no sale of t he said
land and chapel in Macquar ie -s t ree t shall t ake place unde r t he pro­

visions of this Act t h e n the said Joseph Or ton Wil l iam Schofield and

Wi l l i am Simpson or the i r successors missionaries appointed by the	conference as aforesaid shal l be and t hey are hereby empowered and
enabled to t ransfer t he same unto t rus tees unde r and in conformity wi th the rules and regula t ions of t he said conference of Methodis ts and such t rus tees are respectively to execute t he usual deed of t r u s t recom­ mended by the said conference for the use of t he said people called Methodis t s .
8. A n d be it further enacted That no th ing in th i s Act or Ordinance contained shall be deemed to affect or apply to any right t i t le or in teres t of His Majesty H i s H e i r s or Successors or of any body corporate or politic or of any o ther person or persons except ing such as are ment ioned here in or of those c la iming by or under him or them.
9. A n d be it fur ther enacted Tha t this Ord inance shall not commence or t ake effect un t i l the same shall have received the Royal approbat ion and the notification of such approbat ion shall have been made by H i s Excel lency the Governor in the New South Wales Govern­
ment Gazelle.

ANNO