Randwick Cemetery Unused Lands Sale Act of 1886 No rcu (NSW)

CEMKTEBrCsED An Act to autliorizG the Trustees for the

lanî ale . time being of the Bandwick Cemetery to sell lands situate at Bandwick originally granted for the i^urpose of the interment of the dead and apply the proceeds to the extension of the Church of Saint Jude’s and to make such further provision for Church extension in the parish of Band­ wick as may be deemed necessary. \VltJi August, 188(1.]

Preamble.	T T 7H E R E A S by a deed-poll bearing date tlic twenty-sixtb day of
W
Eebrnary one tlionsand eight bnndred and sixty-fonr nnder the band of His Excellency Sir John Young all tliat piece or parcel of land in the said decd-j)oll and in Schedule A hereto annexed par­ ticularly mentioned and described with all the appurtenances ■whatsoever thereto belonging subject nevertheless to certain reserva­ tions therein specified v êre duly granted to Samuel Hebblcwdiite Joseph Burdekin Holdsworth and Simeon Henry Pearce therein described tlieir heirs and assigns for ever upon trust for the interment of the dead according to the use of the United Church of England and Ireland as by law establislu'd in conformity with the “ Crown Lands Alienation Act of 18G1 ” and of a certain other Act made and passed in the seventh year of the reign of His Majesty King Williani the Eourtli intituled “ A n A ct to j)romote the building o f Churches and

Cttapels

1886.   50“ VIC.

llandwlch Cemetery Unused Lands Sale.

Chapels and to p rookie fo r the maintenance o f Ministers o f llelinion in New South TFates ” so i'ar as the same might apply to the trusts of the

said grant and for no other purpose whatsoever And Avhereas hy the Act thirty-one Victoria nnmher tivo intituled “ A n A ct to prohihll

burials in the Camperdown Cemetery and to regrdate burials in the llandwiclc Cemetery ” it was enacted that on and after the first day of

Jannaiy one thousand ('ight lumdred and sixty-eight all hnrials in the burial-ground known as the llandwick Cemetery should he discontinued Provided that it should he lawful to inter bodies in any enclosure in the llandwick Cemetery Avithin Avhich any body should on such day have been interred and in AAdiich on such day an exclusive right of interment should have been acquired And AA'hercas the parcel of land described in Schedule P hereto particularly mentioned and described is a portion of the parcel of land described in Schednh' A hereto but has never been used as a burial-ground and is fenced off and distinct from tlic remaining portion of the said lands And Avhereas EdAA'in Pain trey Thomas James Stntciibury and George Wall all of lland- Aviek aforesaid hlsquirc's arc noAv the duly ajApointed Trustees of the said Pandwick Cemetery and of the said grant of the tAA'cnt̂ -̂sixth day of Pehruary one thousand eight hundred and sixty-four And Avhereas it is cx])edicnt tliat the said Trustees or the Trustees for the time bi'ing of the said grant should he empoAvered to sell and dispose of the said land in Schedule B hereto more particularly described and to apply the proceeds of such sale as hereinafter directed Be it there­ fore enacted hy the Queen’s iVost Excellent Majesty hy and Avith the advice and consent of the Legislative Council and Legislative Assembly of N cav South ACales in Parliament assembled and by the authority of the same as folloAVS

Power to sell and

1. The said EdAvin Daintrey Thomas James Stutchhury and '̂^ convoy.

George Wall or the Trustees for the time being of the said grant of the twenty-sixth day of Eehruary one thousand eight hundred and sixty-four (hereinafter called the said Trustees) may sell the said lands described in Schedule B hereto hy jnihlic auction or priAnte contract and either in one or more lot or lots and in such manner generally and upon and subject to such terms and conditions as they may deem c.xpcdient and for such price or prices as may reasonably be ol)tained for the same Avith poAAnr to buy in the said lands or any part tliereof at any auction sale or to rescind or vary the terms of any contract for tlic sale of the said land or any part or parts thereof and Avhen sold convey the lands as aforesaid or any part or parts thereof to the pur­ chaser or purchasers respectively his or their heirs successors or assigns or to such uses and in such manner as such purchaser or purchasers may direct freed and discharged from all trusts affecting the same and the receipt in Avriting of the said Trustees for the purchase money of any lands so sold as aforesaid shall be full and sutfleient discharges to any purchaser for tlic same and shall free him from being hound to see to the application thereof and from all liability for the loss non­ application or mis-application of the same or any part thereof.

2. The said Trustees may upon such sale as aforesaid give Power to gUe credit,

credit to any purchaser or purchasers of the said land or any part or

parts thereof for any period not exceeding three years for the payment of so much of the purchase money as shall not exceed two-thirds of the Avhole upon such terms as to interest as they may deem proper Provided that the lands so sold shall remain unconveyed or untrans­ ferred or bo otherwise rendered a security for so much of the purchase money as shall remain unpaid together Avith interest thereon until the same shall haA'e been Avbolly satisfied.

3. The said Trustees shall stand possessed of the proceeds j- X H 10116V

realized by the sale of the said land upon trust in the first place to pay

the

80 50̂ VIC. 1886.

Ixandiclcli Cemetery Unused Lands Sale.

the costs ami expenses of ami incidental to sueli sale ami tiiis Act ami to invest the balance until it may lie recjiiired from time to time for the purposes hereinafter mentioned in any (jovernment securities or debentures of any of the Australian Colonies or on mortgage of free­ holds in the Colony of jS 'cav South Wales.

Application of

proceeds. 4. The said Trustees may apply such portion of the said balance as they may think reasonable in that behalf in the rejiair or erection of a suitable dwelling-house for the residence of a caretaker for the said llandwick Cemetery and may set apart and separately invest another portion thereof as they may deem sufficient for the pnrpose next here­ inafter mentioned and apjily the income tliereof in keeping the said Cemetery neat and in order and shall hold the residue of the said moneys or so mnch as may not have been applied in manner aforesaid and the income thereof for such of the following purposes as may from time to time be deemed necessary by the said Trustees and tlic persons for the time being holding office as churchwardens and the incumbent for the time being of the parish of Saint Jude Earn!wick or a majority thereof that is to say for the payment of labour done or material actually supplied for the extension of Saint Jude’s Chureli llandwick or in making such further provision for church extension in the ]iarish of Eandwick as may be deemed necessary by the j:)ersons liereinbcfore mentioned or a majority thereof.

Sliort title. 5. This Act may be cited as the “ Eandwick Cemetery Unused

Lands Sale Act of 1880.”

SCHEDrLE A.

All tluit piece or p.n’cel of land in the Colony of New South AValcs containing by admeasurement three acres three roods and thirty-seven perches he the same more or loss situated in the county of Cumberland and jrarish of Alexandria at Eandu ich Commencing on the north side of Allison Eoad at the south-western corner of the appropriation for .a Church of England School and bounded thence on the cast by the western boundaries of that apjiropriation and the appropriation for a Church of England Parsonage being in all a line bearing north three chains and ninety-four links on the south by part of the north boundary of the last-mentioned appropriation bearing cast one chain and forty- four links again on the east by the western boundaries of the respective appropriations for a Church of England Church and a Municipal Council Chamber being in all a line bearing north six chains and thirty links to Prances ttoad on the north by that road bearing west four chains and fort3'-four links to John’s-lane on the west by' that lane dividing it from the respective appropriations for Eoman Catholics other denomiiiations .Tews Independents and Wesleyan Burial-grounds bearing south ten chains and twenty- four links to Allison Eoad aforesaid and again on the south by that road bearing east three chains to the point of commencement.

SCHEDULE B.

All that piece of land situated at Eandwick in the parish of Alexandria and county of Cumberland Commencing at the intersection of Allison Eoad .and .Tohn’s- lane and bounded on the south by Allison Eo.ad bearing easterly one hundred and sixty- nine feet six inches on the cast and north by fenced lines bearing northerly three hundred and twenty-four feet and westerly one hundred and sixt\'-ninc feet six inches to John’s-lane aforesaid and on the west by that lane bearing southerly three hundred and twenty-four feet to the point of commencement be the said dimensions all a little more or less.