Presbyterian Church Trustees Act 1855 No pct (NSW)

An Act to enable the Trustees of certain Lands puÊnYTEEiAN

granted by Her Majesty’s Government upon Trust for the erection of a Church and Scliool House under the superintendence of “ The “ Synod of Australia in connection witli the “ Established Church of Scotland ” to sell the said Lands and to purchase other Land in a more suitable situation in lieu thereof.

\14ith August, 1855.]

"1^7IIEE,EAS by a dc'cd of grant bearing date the third day of Picambie.

T T November one thousand eight hundred and fifty-four Her

Majesty Queen Victoria did grant unto Thomas Barker John Alexantler cuant 3 November

John McEarlanc the Beverend John McGihbon and George Cunning­

ham all of tlic city of Sydney being respectively Trustet's nominated

and appointed under and by virtue of an Act of the Governor and

Legislative Council of New South Wales made and passed in the

eighth year of the reign of His late Majesty King William the Eourth s Wm. iv. No. 7.

intitided “An Act to regiUcde the Temporal Affairs of the Presbyterian

“ Churches and Chapels connected with the Church o f Scotland in the

“ Colony of New South llCdes ” and to their heirs and assigns all that

parcel (rf land containing l)y admeasurement two roods and fourteen

perches he tin; same more or less situat(;d in the eounty of Cuniher-

land parish of Alexandria and city of Sydney commencing at the

northern intcu’seetion of Vietoria and Surry Streets and hounded on

the west hy Vietoria-street bearing northerly three chains and eighty-

one links to Ilyndes’ grant on the north-east hy that grant bearing

south-easterly four chains ninety-one links to Surry-street and on the

south

428 19" VIC. 1855.

JPresbyterian Church Trustees.

south by Surry-street bearing westerly three chains and ten links to Victoria-street at the point of commencement upon trust for the erection thereon of a church under the superintendence of tlie Synod of Australia in connection with the Established Church of Scotland in conformity with the provisions of the said Act and of a certain other Act of the Governor and Legislative Council made and passed in the seventh year of the reign of Ilis said late Majesty King Mhlliam the Eourth and numliered three so far as the same may apply to the said trusts and for no other purpose whatsoever And whereas by a certain other deed of grant hearing date the said third day of November Her Majesty did grant to the said Thomas Barker John Alexander John McEarlane John McGihbon and George Cunningham all that other parcel of land containing hy admeasure­ ment one rood and four perches be the same more or less situate in the county parish and city aforesaid commencing at the south-west corner of Thomas Holmes’ four perches and one-sixth of a perch and hounded on the west by Victoria-street hearing southerly two chains and sixty-five links to a reserved road twelve feet wide dividing it from Ilyndes’ grant on the south-east hy that reserved road two chains and thirty links to the Craigend Estate on the north-east by that land hearing north-westerly one chain sixty-one links to Thomas Holmes’ four perches and one-sixth of a perch and on the north by that land hearing westerly sixty-four and a half links to the point of commencement in Victoria-street upon trust for the erection of a school house under the superintendence of the said Synod of Australia and for no other purpose whatsoever And whereas the said parcels of land respectively are inconveniently situated and ineligible for the purposes of the said trusts and it is deemed expedient to sell tlie said lands and to purchase other land in a more suitable situation Be it therefore enacted hy Ilis Excellency the Governor of New South Wales by and with the advice and consent of the Legislative Council thereof as follows—

Power to sell and

convey the lands.

1. I t shall he lawful for the said Thomas Barker John Alex­ ander John McEarlane John iMcGibhon and George Cunningham or the Trustees for the time being of the said lands to sell and dispose of the said two several parcels of land hy public auction or private contract and either in one lot or in several lots as the said Trustees shall think most expedient for such price or prices as can be reason­ ably had or obtained for the same and when sold to convey tlie same or any part or parts thereof to the purchaser or purchasers thereof and thereupon the same shall vest absolutely in the said purchaser or purchasers his or their heirs and assigns freed and discharged from the said trusts affecting the same.

Proceeds of sale to

2. The moiicys to arise from the sale of the said land shall he Trustces foi’ tlic time being and the receipt of the Colonial Treasurer shall he a sufficient discharge to the purchaser or purchasers of the said land or any part or parts thereof and shall wholly exonerate him or them from seeing to the application thereof and from all liability as to the misap])lication or nonapplication thereof.

imnds’ofthe Cobnial	'̂ hc haiids of the Colonial Treasurer to the credit of the said
Treasurer.

Power to purchase	3. I t shall ho lawful for the said Thomas Barker John Alexander John ^McEarlane John McGihbon and George Cunningham or the Trustees for the time being of the said lands to purchase or to accept a grant of land in the city of Sydney for the purposes of the said trusts respectively and to appropriate the proceeds of the sale of the said lands in the purchase of such other land and in the erection thereon of a church and school house and other buildings if required in connection therewith and the drafts of the said Trustees or any three of them purporting on the face of them to he for either of such
other land and to
appropriate money.

purposes

1855. 19*̂ VIO. 429

Sydney Insurance Company.

purposes and to be drawn by the said Trustees as such Trustees shall be a sufficient discharge to the said Colonial TiM âsurer for all such sum or sums of money as shall be therein mentioned and as shall have been paid in pursuance thereof and the said Colonial Treasurer shall not be responsible in respect of any misapplication or nonapplication of any money so paid by him upon any such draft.

4. The land to be purchased or granted as aforesaid and the

, 1 T 1 T T 1 j 1 1 ‘1 T 1 1 Mj j 1 to be vested in trus-

church and scliooi house and other buildings Avlien limit or erected tecs, tioned and expressed in the said deeds of grant respectively.

shall be vested in the said Thomas Barker John Alexander John

McBarlane John McGihbon and George Cunningbam or other the