Newcastle Glebe Leasing Act of 1878 No ngl (NSW)

An Act to enable the Trustees of the Glebe annexed to Christ Church Newcastle to dispose of the Coal in the Glebe land. [17th April, 1878.]

\WHE11EAS by a grant under the band and seal of His Exce l lency

Sir Wil l iam Thomas Denison Kn igh t then Governor General of N e w South Wales and its dependencies bearing date the fifteenth day of February in the year of our Lord one thousand eight hundred and fifty-nine Her Majesty did grant unto the E igh t Reverend Wi l l i am Tyrrell Lord Bishop of Newcastle the l levercnd Charles Pleydell Neale Wi l t on Alexander Walker Scott Simon K e m p and

thumberland and parish of Newcastle at Mein 's Hi l l commencing at the eastei'n corner being a point on the west boundary-line of A . W . Scott 's four hundred and fifty-six acres distant eighty-five chains north from the south-west corner of that land and bounded thence on the

George Tul ly being respectively Trustees nominated and appointed
under and by virtue of an A c t of the Governor and Legislative-
Council of the said Colony of N e w South Wales made and passed
in the eighth year of the reign of His late Majesty K i n g Wi l l i am the Eourtli intituled "An Act to regulate the temporal affairs of Churches anal Chapels of the United Church of England and Ireland in New South Wales" and to their heirs and assigns subject to the trusts conditions reservations and provisoes thereinafter contained all that piece

or parcel of land in the said Colony containing by admeasurement thirty- five acres be the same more or less situated in the county of Nor­

the south-east bv a line dividing it from James Mitchell 's nine hundred and fiftv acres bearing south sixty-five degrees west thirty- five chains on the south-west by a line dividing it f rom -James Mitchell 's nine hundred and fifty acres aforesaid bearing west sixty- live degrees north ten chains and on the north-west by a line dividing it from the aforesaid nine hundred and fifty acres bearing north sixty-five degrees east thirty-five chains and on the north-east by a line bearing east sixty-five degrees south ten chains to the point of commencement to hold unto the said Right Reverend Wi l l i am Tyrrell the Lord Bishop of Newcastle the Reverend Charles Pleydell Neale W i l t o n Alexander Walker Scott Simon K e m p and George Tully their heirs and assigns for ever upon trust for the appropriation thereof as the Glebe annexed to the Church of the United Church of England and Ireland erected at Newcast le and known as Christ Church in con­ formity with the provisions of the said A c t and of a certain other A c t of the Governor and Legislative Council of the said Colony made and passed in the seventh year of the reign of His said late Majesty King Wi l l i am the Fourth intituled "An Act to promote the buiUliny of Churches and Chapels and to provide for the maintenance of Ministers of Religion in New South Wales" so far as the same might apply to the trusts of the said grant and for no other purpose whatsoever A n d whereas the Reverend Arthur Edward Selwyn Edward Parnell Henry Bayes Cotton Frederick Ash and Charles Frederick Stokes are the present Trustees of the said lands having been duly nominated and appointed in accordance with the provisions o f the said A c t eighth Wi l l i am the Fourth number live and the said land is now duly vested t/ in them A n d whereas the said grant was issued in pursuance of a promise of a grant made in or about the year one thousand eight hundred and thirty-three A n d whereas b y a proclamation under the hand and seal of His Excel lency Sir Charles Augustus Fitzroy the then Governor o f N e w South Wales published in the Government Gazelle of the twenty-ninth day o f January one thousand eight hundred and fifty all reservations of mines of coal contained in grants o f land issued during the respective Reigns of their Majesties K i n g George the Fourth K i n g Wi l l i am the Fourth and Her present Majesty Queen Victoria were abandoned A n d whereas a reservation to the Crown of all coal mines was b y inadvertence inserted in the said recited grant

of the fifteenth day o f February one thousand eight hundred and fifty-

nine A n d whereas on the thirty-first day o f July one thousand eight
hundred and seventy-seven there was endorsed on the said grant under

the hand and seal o f His Exce l lency Sir Hercules Robinson the	Governor of the said Colony a cancellation of the said reservation
A n d whereas doubts have arisen whether such cancellation is valid A n d whereas there are certain veins strata and scams of coal in or under the said land which can now be advantageously disposed of but the Trustees are advised that they cannot lease or sell the said veins strata and seams of coal without the authority of the Legislature A n d whereas it is expedient that the said Trustees or other the Trustees for the time being of the said land should be empowered to lease the said veins strata and seams of coal and to apply the proceeds in the manner hereinafter provided Be it therefore enacted by the Queen's Mos t Excel lent Majesty b y and with the advice and consent
of the Legislative Council and Legislative Assembly of N e w South
Wales in Parliament assembled and by the authority of the same as
follows : — 1. The reservation of coal and coal mines and the right to
search for dig take and carry away the same contained in the said recited grant of the fifteenth day of February one thousand eight hundred and fifty-nine is hereby cancelled released and abandoned.

2. I t shall he lawful for the said Reverend Arthur Edward

Selwyn Edward Parnell Henry Bayes Cotton Frederick Ash and Charles Frederick Stokes or the persons being the Trustees of the said land for the t ime being from time to time to demise b y way of lease by deed
or deeds for any term of years not exceeding ninety-nine years to take effect in possession all or any of the veins strata and scams of coal
in one or more b lock or blocks in under or upon the said land whether the same shall or shall not have been hitherto opened or worked together with all such liberties licenses powers and privileges for searching for or working the said veins strata and seams of coal and for getting and disposing of the said coal as to the person or persons for the t ime being exercising the power hereby given shall seem expedient so as
there be reserved in every such lease the best rent or rents tolls duties
royalties or reservations b y the ton or otherwise that can be reasonably gotten and so as there be contained in every such lease a condition for re-entry for non-payment within a reasonable time to be therein specified of the rents tolls duties royalties or reservations thereby reserved and
so as the lessee or lessees do execute a counterpart of every such lease
and do thereby covenant for the due payment of the rent or rents tolls duties royalties or reservations thereby reserved Provided that it shall be lawful for the said Trustees or the Trustees for the t ime being of the said land to accept the surrender f rom time to time of any such lease or leases on such terms as to them shall seem expedient.

3. Provided always that it shall be lawful for the said Trustees

or the Trustees for the time being of the said land if they shall think
it expedient so to do to accept a sum in gross to be paid on the execution
of: the said lease or otherwise as shall be agreed upon in lieu of a rent
royalty or tonnage for the said coal and the receipt of the said Trustees shall absolutely discharge the lessee or purchaser of the said coal from the rent royalty or purchase money as the case may be and shall exonerate h im or them from seeing to the application o f the same and
from all liability as to the misapplication or non-application thereof.

4<. The said Trustees shall stand possessed of all moneys to be

received b y them in respect of the said coal whether as rent tolls duties or royalties or a sum paid in gross for the purchase money of the said coal upon trust to apply the same in accordance with (be provisions of the A c t eight Wi l l i am Fourth number five intituled "An
Act to regulate the temporal affairs of Churches and Chapels of the
United Church of England and Ireland in New South Wales'" as if the said moneys were the rents issues and profits of the said Glebe land.

5. This A c t may be cited in any instrument document or pro­ ceeding as the " Newcastle Glebe Leasing A c t of 1878."

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