Saint James' Parsonage Lands Amending Act 1909 (NSW)

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All A ct to oim!)l(' tlû tnistcc'is toi- tlio tiino-boiiij^ of (‘ortaii! lands oi*ii!,*inaily ‘̂ranted ii])oii trust .saint

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for the erection of a (d(‘rg*ynian's dwelliiii*- lionse in connection with tlie parisli of Saint dames, in the city of Sydney, to inortgag'e tlie said lands for the ])iir])ose of erc'cting* upon another sit( ̂ a dwelliiyy-hoiise for the cler^’yrnan licensial to othcdate in the said ])arish ; to amend tlu' Saint dfiines’ rarsonai>'e Land Leasing' A ct: to authorise tin* aT)])lica- tion of the rents and profits of the said hinds towards the payment off of the said mort­ gage, and to other parochial T>̂ î‘peses not authorised h}̂ the said Act. [ldf/( Hcpfcmhcr,

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T T T llE IlE ilS by a deed of grant, dated the fourteenth day of June, ri-oaiuiiin,

VV one thousand eight hundred and forty-live, certain lands

were granted to certain trustees upon trust for the approjiriatioii

thereof

Act, 1909.

Saint James' Parsonage Lands Amending.

thereof as a dwelling-house for the clergyman duly appointed to officiate in the church of Saint James, in the city of Sydney : And whereas a dwelling-house was afterwards erected on the said lands in pursuance of the said trust : xind whereas by an Act of Parliament passed in the fifty-first year of the reign of Her Majesty Queen Victoria, entitled the Saint James’ Parsonage Land Leasing Act, the trustees for the time-heing of the said trust lands which are fully described in the said Act were authorised to grant leases of the said trust lands as therein mentioned, and to apply the rents and profits arising from any such leases in and towards the maintenance, repair, and improvement of the then existing parsonage in the parish of Saint James, in the city of Sydney, and in such manner as the trustees for the time-heing might deem advisable, and in the payment of the rent or purchase; money of a dwelling-house for the clergyman for the time-being licensed to officiate in the said church of Saint James upon some other site, and in the enlargement, maintenance, repair, and improvement of the said church : And whereas, in pursuance of the said Act, the said trust lands have bc'cn let on building lease, and the parsonage or dwelling-house then existing on the said trust lands was demolished : And whereas the trustees for the time-heing of the said trust lands have expended portion of the said rents and profits arising from the said trust lands iqion the maintenance, repair, and improvement of the said church, and also in paying the rent of a dwelling-house upon another site for the clergyman for tlie time-being licensed to officiate in the said church, and have accumulated the unexpended balance of the said rents and profits from time to time : And whereas the Most Reverend John Charles JVright, Lord Archbishop of Sydney, Henry Williams, the Reverend "William Isaac Carr Smith, Cyril Ernest Corlette, medical practitioner, and Sidney Herbert Young are the present trustees of the said trust lands: And whereas it is expedient that a suitable parsonage should be erected for the clergyman licensed as aforesaid, but the accumulations of the said rents and profits arc insufficient for that purpose : And whereas it is expedient that the said trustees should have power to mortgage the said trust lands for tlu! jiurpose of obtaining the balance of the money required for the erection of such pai’sonage so far as such accumulations of rents and profits will not extend; And whereas it is expedient that the trustees for the time-being of the said trust lands should have power to expend the rents and profits of the said trust lands for parochial purposes in tin; inanner hereinafter mentioned in addition to the manner mentioned in the said A ct: And whereas tlie said purposes and objects cannot be carried out without the authority of an Act of Parliament, and without the amendment of the Saint James’ Parsonage Land Leasing Act aforesaid : Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and

consent

Act, 1909.

Saint James' Tarsonarje Lands Amending.

consent ot tlu' Legislative Council and Lt'gislativc Ass^cmbly ot New South AValcs in Parliament ass('mhled, and hy the authority of the same, as follows :—■

1. I t shall l)c lawful for llu' said John Charles Wriglit, Henry ]>,nvoi-to trustees to

Williams, William Isaac Carr Smith, Cyril Ernest Corlette, and

Sidney IL'rhcrt Young, or the survivors of tlumi, or other the trust('es for tiu' timc-h('ing of tlu' said trust lands at any time, and from tinn ̂ to tinn; to borrow and rais(‘ at intiTt'st any sum or sums of money not cxct'cding in the whohitlie sum of four thousand pounds, with ])owcr to pay oil'any mortgage or mortgage's and to rehorrow any sum or sums thereby secured or any less sum or sums, provided that not more tlian the said sum of four thousand jeoumls of principal moneys shall at any one time he' due' upon tlie' security eif the said trust lands, for the purpose eef purchasing in wluele eer in part a proper site for a parsonage .Avithin the saiel jiarish, and for building and completing on such site a parsonage in all respects suitable as a rcsklence feer the clergyman for the time-heing lieenseel to officiate in the said church, and to execute any mortgage eir mortgages, with or Avithout a peiAver of sale of the said trust lands or any part thereof, or such site so to he purchased as aforesaid, for securing payment of the sum or sums so borrowed, and to give elTeetual rcei'ipts and discharges for th(! moneys advanced hy any mortgagc'c, and to do all such acts as may he necessary or expedient for the jmrpose ol' etfeetuating such mortgage or mortgages.

2. No mortgagee adA-ancing money upon the sc'curity of any I'roicction of Uic

mortgage purporting to be made; under the power herein conferred shall ho hound to inquire Avhethcr such money is reejuired for the juirposes aforc'said, or in any AÂay concerned to see to the application of such money Avlicn so adAuineed, or he liable for the loss, non-a]*plication, or misapplication thereof ; and the declaration of the trustees that the principal sum proposed to he secured hy any mortgage does not, Avith the (dher principal sums then due on the security of the said trust lands, exceed tlu' sum of four thousand jiounds, shall he sufficient evidence to the mortgagee' under such mortgage; of such fact.

3. NeitAvithstanding anything to the contrary contained in the sinUing fund for

Saint James’ Parsonage Land Leasing Act, the' truste-e's e>f the saiel

trust lanels shall freem time to time out of the' net rents and profits of the

“

saiel trust laijds in each year set apart tAvei-tliird ])arts e>f such net rents and profits, anel shall thereout pay the interest fremi time to time due on any such meert gage of the said trust lauds, and shall accumulate the balance of sneli twee-third parts at interest and apply the' same in payment eef the principal sum secureel hy any such mortgage as the same; shall become due, and the saiel trustees shall pay anel apply the remaining one-third part of the said rents and profits in the manner provided for the application of the rents and profits of the said trust lands hy the Saint James’ Parsonage Land Leasing Act and this Act.

M 4.

Act, 1909.

Saint James' Parsonage Lands Amending.

Application of rents

and profits of trust

4. In addition to the purposes mentioned in the second section of the Saint James’ Parsonage Land Leasing Act, the trustees for the time-being of the said trust lands may apply the rents and profits thereof (but subject to the provisions of the last preceding section of this Act) for all or any of the purposes following, that is to say, for the purpose of maintaining, repairing, or improving the buildings erected upon the said trust lands, or for the purpose of maintaining, repairing, or improving the parsonage to be erected under tbe provisions of this Act.

lands.

Short title. 5. This Act may be cited as the “ Saint James’ Parsonage Lands

Amending Act, 1909.”