Orphan School Estates Act 1826 No 4a (NSW)
No. IV.
| O itl’HAX | SrHOUJi |
| An Act tor vcstiiiĵ * tlie Orpliun Scliool Estutos in | K s t a t e s . |
the jh-ustees of the Clergy nnd School Lands in tlie (Colony of New Sontli AVales and for didy governing* the Children at Scliool and in Apprenticeshi]). [2;aZ Augnsl,
'YTT'liEm^AS i)y Indentin’̂ dnlod the twenty-seventh day of Slay i’,,.aui!il(\
| V t | one tlionsand | liundiv'd and twenty-three and made |
between Ilis .Exeelleney Sir Thomas Brisbane Knight Commander of itniontmc iietwciMi
the Slost [Ionoral)le Solitary Order of the Bath Captain General and
(rovernor-in-Cliiet' in and over ITis Slajesty’s Colony of New South Tiustcos dutod 2701
| Wales and its 'Dej)endeneies of the one part and the Beverend Samuel | fccitms |
Marsden Clerk Principal Cha])lain of the said Colony John Calmer of Parramatta in the said Colony Bs(}uive and Jolin Harris of the South Creek in the said Colony Esquire of the other part reciting that hy a need of Grant under the Seal of the said Colony dated the tifteenth nî cd of Oratit (ly
day of Aiii^ust one thousand ei”'ht lumdrcd and three Piiilip Gidk'y
| Kint^ Esquire then Captain General and Govemor-in Chief in and over ikcj * | ‘ |
| His JVlajesty’s said Colony and its Dependencies did give and grant unto Mrs. Anna josepha King Mrs. Elizabeth Paterson tiic lleverend Samuel Marsden 'Thomas Jamison John Harris and Jolm Palmer Esquires the then Committee foi‘ conducting the Eemale Orphan Institution of the Settlements of N̂ ew South IVales aforesaid and in case of tliei); death or absence from the Colony to such two married ladies wives of Commissioned Olficers as might be willing to under take that charitable ofhee and to the gentlemen acting as Clergymen of the Church of England the Principal Surgeon and Commissary for the time-being for the ]nnqiosc aforesaid to have and to hold for ever twelve thousand three hundred aeres of land situate in the District of Cahramatta hounded on tlu ̂ north side hy the Prospect Common Ground on the west by a south line of four hundred and ninety-eight |
chains
| No. 4. | 7̂ GEO. TV. | 1826. |
Orphan School Bstales.
chains to Cabi'aniatta Creek which was to l)e the boundary on the sontlx side to Captain Cummings’ farm along' his side line north sixty- ciglxt chains fifty links then noi'th tliirty-tixm degrees east turn hundred and sixty-seven chains fifty links to tlie Prospect Ci'eek which was to be the remaining part of the boundary together ivith the farms granted up to that date the said Committee paying or causing to be paid an annual quit-rent of Ihvelvc' Pounds Six Shillings for the aforesaid twelve thousand threx* hundred aeres of land after tlie term or time of live years payable from the funds of that Institution
| Dow! Ilf Grant by | Aiul recitiug that by a Deed of Grant under the Seal of the hundred and four the said Pliiliji Gidley King Captain General Governor and Commander-in-Chief as aforesaid did give and grant unto the said itrs . Anna Josepha King Mrs. Elizahctli Patci'son the Reverend Samuel Marsden Thomas Jamison John Harris and John Palmer Esquires the tlicn Committee for conducting the aforti-said [nstitution and in case of tlieir death or ab.seoce from tlie Colony to sneh txvo married ladies wives of Commissioned Olficers as might be willing to undertake that charitable oftlce and to the gentlemen acting as Clergymen of the (’kiireh of England the Principal Surgeon and Commissary for the time-being for the purpose aforesaid to have and to bold for ever txvo acres ami seventeen rods of ground lying and situate in the toxvnsbip of Sydney and described as follows viz. front from Underwood’s Corner soulli tbi’ce and a quai'ter cast two hundred and fifty feet then to the Arch of Bridge east fourteen and tbree- ([uarters north three hundred and forty feet stream line reserving twenty-two feet for stream parallel xvith Lord’s and llandall’s lenses three hundred and fifteen fetd then Undenvood’s side iqx to street west twenty and a half south three hundred and <n'glity-two feet the stiid Committee paying or causing to he paid to the Ci*own an annual quit- I’ent of One Sh illing for 1 he aib resaid allotment after the expiration of the term or time oi:' five years ])ayahle from the funds of the said Institution |
| GovwmirKmsdatcd | jiforesaid (Uited tile tirst day of May one thousand eiglit |
| iKt May 18M | |
| (fovonior King |
| Deed of G ian t by | And furi hex* reciting that hy a Deed of Grant under the Seal of oiir Lord one thousand eight Inindx'ed and si.x the said Pliilip Gidley King Captain Gcixcral Governor-in-Chief as aforesaid did give and gi’ant unto the said Mrs. Anna Josepha King Mrs. Elizabeth Paterson tlie Reverend Samuel [Marsden John Palmxu’Thomas Jamison and John Harris Esquires the then Committtec foi' conducting the aforesaid institution and in case of their xleatlx oi' ahsenee trom the Colony to such two married ladies wives of Commissioned Officers as might he willing to undertake that charitable oflxcc and to tlxe gentle men acting as Clei’gymeii of the Church of England Principal Surgeon and Commissary for the time-being txvo hnndred and eighty aci’cs of land tlxe remainder of Grose Farm lying xunl situate in tlie Histriet of Pet.ersliam-hill and deserihed as follou's connnencing at the south-east corner of faxaii and running east thii'ty degrees north fifty-six chains thence north thirty degrees xvest to tlxe Sydney Road which road is the nox'tli-u'est boundary and thence hy |
| dated lOtli August | of the Territory aforesaid flated the teixtli day of ^Viigust in the year |
| IKOe | |
| farm and Eoi'eaux’s lease reseiTing a road lliroitgli ol: one chain wixlc in the most convenient paid to the farms at Bullanaming And there being reason to su]ipos( ̂ that a grant of tliiidy acres liad been given within the ahmm limits xvliich could not he traced to its then possessor a reservation xvas thereby made sliould tlie grant tliex'eafter be jxroved to be legal tlxe said txvo Ixundred anti eighty acres t>f land to he had and lielcl hy tlxe afoi'esaid Com mil tee or tin; mcmbei's composing the same for the time-being free from all fees taxes quit-x’ents and other acknowledgments for llic siniee of fivt; years from the date tlu'reof sucli timber as might lie then S'rowing or nxighf: thereafter grow upon |
llie
| 1820. | 7'̂ O-EO. JV. | No. 4. | 43 |
0 }’i)ln(}i, School- EsUftes.
the said land wliicli he deemed lit Tor is"aval jmrposes to he res(;vved hn' the use ot the Crown and payinj^ an annual (|uit-rent ot‘ Six; Shillings after the term or time of live years before mentioned
And Itirtlicr reeitin^'that iiy His'Majesty’s Conunission hearini^ .mri in̂ Miijostj’a
date tlie third day of hehruary in the seetnnl year of Ins reign Mis ollieor or onicers as the said Sir Thomas Brisbane should apjioint tliereunto should be good ami etleetual in law against llis Majesty llis Heirs and Successors
jVfajesty did give and grant unto the said Sir '.riiomas iSrishane full jiiisUane Wunfj
po\ver ami autliority to agree I'or such hinds tenements and heredita
ments as should be in llis Majesty’s power to dispose of and them to
grant to any ]>erson or persons upon sueli terms and under such mode
rate quit-rents services and aehnmvledgmc'iitsto he thereupon reservi'd
to Jlis aMajesty acetirding to such iiistruetions as should 1><̂ given to
the said Sir Thomas Brisbane under his Sign Manual wliich said
grants were to pass and he sealed by liis Majesty’s Seal of the said
And also reciting that tlie said Samuel Marsden John Palmer Namts of the sm--
and John Harris were the only three oi' the aforesaid grantees who
not ('itluT dead or absent I'rom the Colony aforesaid
And also reciting that it had been contracted and agreed by ami Contnict mid agtec-
| conducting the said Pemale Orphan Institution tliat the said two hundred ami eighty acres of land should be suiTeiidored and reeonveyed to His Majesty liis Heirs and Successors and that in consideration of snob surrender and reconveyance tlie said Sir Tiiomas Jtrisbaiie should give and gi'ant unto the said Samuel Marsden Jolm Palmer and John | liei ween the said Sir 'lliomas Brisbane and the tlien Committee f<>i‘'Hu"!, assigns of such survivor | |
|
Sn-Thos. Bnabmie
One thousand acres of land in 'rownship mimhpr three in the County of Boxlmrgh in the 'i'erritory aforesaid and also six hundred acres of land in the District of Cahramatta aforesaid granted to the said Institution by tlu! saul Governor Bliilip Gidley King only by a memorandum in the book of the Surveyor General of the Territory aforesaitl dated the eleventh day of August one thousand eight liundred and six in lien of two hundred and twenty acres oi' the iiriginal grant of five huntlred acres at Betersliam albrcsaid resigned by the Committee of the said Institution And also the piece or ])areel Of land at Parra matta called Arthur’s Hill on which the Pemale Or[)han House of the said Institution now stands which said piece or jiarccl of land has never yet been granted to the said Institution
And also reciting that it being doubtful whether tlie two first and ngi-wd to be
recited grants of twelve thousand three hundred acres and two acres !ind seventeen rods of land were so technically worded as to com^ey legal estates for the benefit of the said Institution for ever the said Sir ’I'homas Brisbane had agreed to regrant and assure the same to the said Samuel Marsden Jolm Palmer and John Harris and the survivors of them and the heirs and assigns of such survivor
Jn. trust for the benefit of the said Institution, as thereinafter
mentioned
It was \vitness(;d tliat the said Samind Marsden John Palmer Ru-oonvoyancu to
and John Harris in jmrsuaiiee of tlie order direction and appointment t)f the then Committee of the aforesaid Institution by a minute entered in llieir hook and bearing date the eighth day of May one thousand eight liundred and twenty-two and for the considerations aforesaid bargained surrendered reeonvoymd and assigned to llis Majesty His
Heirs and Successors
All
| No. 4. | 7'̂ GEO. IV. | 1820. |
Orphan School Estates.
| 280 iicies of Iniid the | Ail those two limidred and eighty acres of land the remainder of Grose Farm lying and situate in the Gistrifst of Petersham-hill and described as therein mentioned to have and to hold the same nnto llis said Majesty llis lloii'S and Successors for ever |
| vcmuiiuler of Grose | |
| Farm . | |
| Sii‘ I ’hoa. Brisbane | |
| I.andfl Ki’Jioted hy | And it was thereby further witnessed that in consideration of Sir Thomas Brisbane in pursuance of the power and authority so given and granted nnto him as aforesaid did give and grant unto the said Samuel Marsden John Palmer and .lolm Harris and the survivors and survivor of them and the lieirs and assigns of sucli .survivor |
| in consequence of | the said surrender and for the other consideration aforesaid the said |
| such surrender |
| 72,300 acres of land | All tliose twelve thousand thria; hundred acres of land situate |
| in the D istriet of |
| C abianiatta | in the District of Cahramatta aforesaid and hereinhefore more particu larly described |
| 2 acrea 17 rods of | And also all those two acres and seventeen I’ods of ground lying |
| round in Sydney | and situate in the Township of Sydiu’y as hereinlielbre more particu larly mentioned and described. |
| 1,0{X> aeres o f l and | And also all those one thousand acres of land of Township east line eighty chains on the east liy a north line; of one hundred and thirty cliains on the north hy a w(;st line of eighty and on the i '̂cst hy a south line of one hundred and thirty cliains being section number sixteen and part of section number fifteen |
| ill tlio Cuiiiity of | jinmher three in the County of Roxliurgh bounded on the nortli by an |
| Ki>3 | tbiir(.]i |
| fiOO acres of land a t | And also six hundred acres of land situate lying and being in the Distriet of Cahramatta aforesaid bounded by a line north thirty- five east of liie aforesaid grant of twelve thousand three hundi’cd acres being two hundi’ed and seventy-six chains llfty links in length tliciicc by a straight line to the north-west angle of lot three hundred and forty granted to —------------Jones thence by Jones and Cummings’ farm reserving a road of oiu' liuntlrcd feet wide in tliat line |
| I'abvainatta | |
| and also a piece of | |
| land called A rtlini's | And also all that ]iif’ce or parcel of land eontaining by estima tion sixty acres called Artliur’s .Hill situate and being in Parramatta aforesaid lieiiig boundctl on the oast side hy the creek which separates it from Vineyard Pann and on the west side by the farm knon ii by the name of Irving’s Pann and crossed by a public road of one hundred feet in breadth together with all houses outhouses &e, saving and reserving to liis Majesty His Heirs and Successors such timber as is now growing or may grow' hereafter upon the said lands which shall be deemed lit for Kaval purposes also such parts of the said lands as are now or shall hereafter be required hy the propo)' officer of His Majesty’s Government for a highway or highways to hold the said several lands thereby granted to the said Sammd iMarsdon Jolm Palmer and Jolm Harris and the survivors and survivor of them and the heirs and assigns of such survivor for ever |
| H ill in Parrannitta. | |
| Yearly qnit-rent | |
| £ H Is, | At and under to His Majesty llis Heirs and Successors the quit-rent or sum of Pourtecn Pounds One Shilling of lawful money yearly for over |
| Tlic said lands to be | |
| used andoecujiied | And it was thereby declared that tlie said gi’antees and their premises for ever u])on trust to jicrmit and suffer the .same to be used occupied and enjoyed for the support maintenance and benefit of the Female Orphan Institution of New South "Wales and upon furtiier trust to let convey sell and disjiose of tiie said lands and premises foi’ such ends interests and purposes as the Committee for tlic time-heiug of the said Institution shall from time to time by any minute or minutes to lie entered in their ))ook or books order direct or appoint and u])on no other trust or for no other end interest or purjiosc what soever |
| for the support of the | survivors should stand seizial of and intrusted in tlie said lands and |
| Female Orjiban | |
| Institution. |
| I lls | M ajesty’s |
| Letters Patent dated | And w liereas liy Letters Patent dated the ninth day of Mareii |
| Ktli March 182fi |
| creating the Church | one thousand eigtit hundred and twenty-six His Majesty was pleased |
| Corpovution recited. | to |
| 1820. | 7° GEO. lY. | No. 4. |
Orphan School Estates.
to cr(iate a Corporation by tbo name of the Trustees of the Clergy and
Scliool lionds in the Colony of New Soutli Wales
And whereas doubts have been raised whctlicr the excdiangc nonbts a?! to tiio
| meritionod to have been made of the said two hundred and eighty | uf ̂ |
acr(!S of land hereinbefore described as the remainder of Grose Tann Farm tw [,oooacres
j’or one thousand acres of other land in tlic County of Roxburgh as
aloresaid was not deiectivo and whereas m order to quiet the said
doubts and in consideration that the said exchange was agreed upon
between liis Rxeelleney the late Governor Macquarie and the Com
mittee for conducting the said Pemale Orphan J'nstitution at a time when
the said two himdrctl and eighty acres were v'aste and uncultivated and
the said one thousand acres of land in tlie County of Roxliurgli were
considered as fully equivalent thereto and also in consideration that
tlie Government under the faith of the said exchange being good and
lawful had laid out and expended large sums of money in the clearing
fencing and building upon the said two hundred and eighty acres of
land described as aforesaid it is just and expedient that tlie said
| exchange should be declared lawful | B e it therefore enacted bv His mmi niGroacFtum |
Excellency the Governor of New Soutli Mhalcs with the advice of the Legislative Council That tlie said tivo hundred and eighty acres of land described as aforesaid at Grose ii’arm shall be vested in His Majesty llis Heirs and 8uecessors i'or ever.
2. And be it further enacted Tliat the said one thousand acres ifi'tis in tim Comity
of land situate in the County of Roximrgh and also all other the
lands tenements and hereditaments with their a]>])urtenances belonging jTP'y'enances bi-
to tbo said Orphan Hcliool under and by virtue of the said recited
deed and all the estate right and title in law or equity tliereto shall' “'*‘‘=‘'1'“‘‘■j Tn'’’'
be aiul the same are hereby vested in the said Trustees of the Clergy (uid sciiooi Lands
| and School Lands and their successors for ever. | lorcvcr. |
3. And whereas the accounts of the said Orphan School were iickaac oftiic tonncf
settled up to the thirty-first day of Hecemher one thousand oight
hundred and twenty-three Be it further enacted Tliat the said iiTtbe’̂ tountHf
Trustees the Reverend Samuel Marsden Jolm IGlmer and John
and all other T’mstees and Committees theretofore concerned in the tomber i83;i.
management of the same shall be and they are hereby rehjased from
all responsibility as sucli d’mstees or Committees and all otiier Com- AiiotiinrCommiUtes mittecs or persons having 1 be care or disposal of tlie estates or funds persons to be le- of the said Schools since the said thirty-first day of December shall buky npon'pnXit'g' upon passing their accounts to the satisfaction of tlie said Trustees of
the Clergy and School Land he in like manner released from ail finstecs oi tbe
responsibility as aforesaid and tliat the trusts in them or in any of them
| or in any jierson or persons vested in respect of said estates shall be | ” |
and the same are hereby declared to be determined Provided that
claims now legally' outstanding against the said Trustees or any of Outstanding eiaim-i
them in respect of tlie said trusts may be made and enforced against tba'̂ Cmpnra-
tbe said Corporation in the same manner as they might have been lion.
against the said Trustees or any of them if this Act had not been
passed.
d. And be it further enacted That the said Corporation shall xiic Corporation to
provide in a bye-law that the said Female Orphan School at Parramatta
| J , ,, , 1 n 1 1 • : 1 ■ 1 d. 1 1.1 • , rjr the inKpertion by | and all other bemale Schools m the said Colony whether m part o r«. Female conimmeo | |
| entirely supported by the funds vested in the said Corporation be duly inspected bv a Eemale Committee or Committees to be nominated by Finramatta ami all | ||
| ||
| authorised to act as such with the approbation of the Governor or Acting Governor for the time-being. |
5. And whereas it is exiiedient that the said Trustees of the Ti>e Trustees of tbo
| Clergy' and School Lands should be empowered to make rules orders | to |
| bye-laws and regulations from time to time for the government of t h e ' “'es ami |
children
| Ko. 4. | V OEO. IV. | 182G. |
regulations for tJie
| govern mu lit of tlic | children received into the Stdiools su])pOTtL’d in whole or in part, out of | |
| ||
| chiliireu received | ||
| into tbe Sulioob. | the authority and advice aforesaid That the said Trustees dnd their successors for the tinie-beinLi; sliall and they arc lierehy aulhorised atid empowered to make such rules orders hyc-laws and regulations from time to time as to them shall seem meet and ju'oper for the jrotxl government and diseijdine of the said Schools and of the children received into the same and for the ap])tenticing of such children in like manner and subject to the same approbation condition and reser vation as in and by the said Letters Patent arc made and ]irovided for making hye-laws for the good govemment of the Corporation therein mentioned and such rules orders bye-laws and regulations or any of them from timt; to time to alter or repeal and instead thereof to make new or other bye-laws. | |
| How disputes lic- | ||
| tweun apprenticus | 0. Provided that all disputes between the said apprentices and their masters or mistresses and all complaints hy either party shall Ik* | |
| and their masters | ||
| and mistresses mid | ||
| all uumpiaiiits hy | determined in a summary way by one or more Justice or Justices of | |
| either party are to | the Peace who are hereby empowered to examine the complainant | |
| he detenu ill ud and | ||
| punished. | and witnesses on oath in respect thereof and to punish the ap|)rcntice by solitary confinement in such place as hy the (Governor shall lie appointed for any time not exceeding one month or by extending the time of service to any term not exceeding one year And also to punish | |
| Apprentices may he | the master or mistress by withdrawing the service of such apprentice | |
| withdrawn and the | ||
| master or mistress | or hy a line to the King not exceeding the sum of Ten Pounds for | |
| fined £10. | each oifence to be levied by distress and sale of the goods of such master or mistress in the usual manner if not jiaid within twenty-four hours after sentence shall have been given in the case. | |
| Tlie parties may | ||
| appeal to the Courts | 7- Provided also that any of the paidies afori^said may appeal to the Court of Quarter Sessions in a summary way hy petition from any such determination which Court of Quarter Sessions Is hereby authorised to hear and determine such appeal and to award costs to either appellant or respondent not exceeding P ite Pounds. | |
| of Quarter Sessions, |
| Appropriation of | 8. And he it further enacted That all fines recovered under this |
| tines. | Act shall be paid to llis Majesty and applied to the public uses of the Colony. |
0
0
0