Saint John's Church Leasing Act of 1884 No sjc (NSW)

132 48 ̂VIC. 1884.

Saint John's Church Leasing.

Saint John’s All Act to enablc tliG Tiustees of ̂ certaiii

HUEoî EAsiNa. parcel of land situate in Market Churcli and Short Streets in the town of Mudgee granted upon trust for the erection thereon of a Church of the United Church of England and Ireland and of a Sehoolhouse and Parsonage in connection therewith to lease certain portions of such land and to apply the rents and profits arising there­ from. [31s ̂ Octoher, 1881.]

Preamble. "TTTIIEREAS by a deed of grant bearing date the nineteenth day of V T October a .d . one thousand eight Imndred and forty-three Her Majesty Queen Victoria did grant unto the Eight Eeverend William Grant Broughton Bishop of Australia George Cox and Nelson Summons Lawson Trustees appointed under and by virtue of the Act eight William the Eourth number five intituled “ A n A ct to regulate the teniforal affairs o f Churches and Chapels o f the United Church o f England and Ireland in Neio South Wales” and to their heirs and assigns all that piece or parcel of land in the territory of Vew Soutli Wales containing by admeasurement two acres and two roods be the same more or less situate in the county of Wellington parish and village of Mudgee commencing at the angle formed by Short-street with the north-western extremity of Church-street and bounded on the north by a line west five chains in Short-street on the west by a line south five chains to Market-street on the south by a line east five chains to the corner of Market-street and Church-street and on the east by a line north five chains in Church-sti’eet to the point of commencement to hold the same unto the said Bishop of Australia George Cox and Nelson Summons Lawson their heirs and assigns for ever upon trust for the erection thereon of a Church of the United Church of England and Ireland as by laAV established and also for the site of a sehoolhouse in connection with the said Church and also for a parsonage for the clergyman duly licensed for the said Church And whereas the Church of Saint John at Mudgee and also a sehoolhouse in connection with such Church and a parsonage for the clergyman duly licensed for the said Church were erected upon certain portions of the land comprised in the said recited grant And whereas the said Eight Eeverend William Grant Broughton George Cox and Nelson Summons Lawson are all long since dead and the Honorable George Henry Cox and Eobert Hoddle Driberg White are now the Trustees of the said parcel of land and the same is now vested in them upon the trusts and to and for the ends intents and purposes expressed and declared of and concerning the same in and by the hereinbefore recited grant And whereas the portion of land firstly described in the Schedule hereto (being part of the land comprised in the said recited grant) was formerly used and occupied for the purposes of a scliool in connection with the said Church and playground and teaclier's residence in connection therewith but the said school has been for some time past closed and the said land is not now recpiired for any of the purposes named in the said grant and it is expedient that the said Trustees thereof should have power to lease the same And whereas a parsonage was erected upon the parcel of land secondly described in the Schedule hereto (being other portion

of

J884. 48*' VIC. 133

Saint John’s Church Leasing.

of the land comprised in the said recited grant) and such parsonage is now old and out of repair and is for other reasons now unsuited for tlic purpose of a parsonage and it is expedient that the said Trustees should also have power to lease the said par(;cl of land secondly described in the Schedule hereto and to apply tlie rents and profits arising from the said parcels of land as lua'cinafter provided Ec it therefore enacted by tlic (Queen’s Most Excellent Maj(;sty l)y and with tin; advice and consent of the Legislative Council and Legislative Assembly of N cav South Wales in Parliament assembled and by tlie aiithority of the same as follows :—

1. I t shall bo lawful for tlie said Honorable George Henry Cox Trustees may grant

and Eobert Iloddle Driberg White or the survivor of them or other

the ilhaistees for the time being of the parcel of land comprised in the hereinbefore recited Crown grant to lease either the whole or any part or parts of the parcels of land described in the Schedule hereunder written to any person or persons for any term of years not exceeding fifty years in possession and not in reversion and either upon building leases or otherwise so as there be reserved in every such lease the best yearly rent that can be reasonably olitaincd for the same witliout any fine or foregift for tin' making thereof and so that there be contained in every such lease a condition of entry by the lessors for non-payment of rent or non-pcrforrnance of covenants by the lessee within a reason­ able time to be therein specified and so that the lessee do execute a counterpart and do tliercby covenant for payment of the rent thereby reserved and be not by any express Avords therein made dispunishable for Avaste Provided that it shall he laAvful for the lessors in any such lease if they shall think fit to reserve a small rent during the first ten years or any less portion of the term tliercby created in considei-ation of the said lessee covenanting to erect buildings on the land demised and an increased rent or increased rents thereafter.

2. The said Honorable George Henry Cox and Eobert Hoddle Application of

Driberg AVhite or tlu' Trustees for the time lieing of the said parcels

of land described in the Schedule liercto shall stand possessed of the rents and profits and amwal income arising therefrom upon such trusts and for such uses ends intents and purposes for the benefit of the jiarish of Saint Jolin at Mudgee as the said Trustees and the Cliurch- Avardeus for the time being of tlii' Cliurcli of Saint John at iMudgee or a majority of them (Avith the consent of the Bisliop for the time being of the Diocese of Bathurst) shall determine Avith poAver to ajiply the same or any part thereof in and towards the erection of a jiarsonage in connection Avith the said church upon any other portion of the laud comprised in the hcfore-rccited CroAvn grant.

3. This Act muA" be cited as the “ Saint John’s Church Leasing Short utio.

Act of 1S8L” ■ '

T H E S C H E D U L E I I E E E I N B E F O E E E E E E E E E D TO.

Eirslly— All th a t iiicce or parcel of land sitnalo in the town and parish of IMinGoo county of Wellington anil Colony of Xew South Wales Commencing at the intersection of the nortli side of Market-.street with the west side of Church-street and hounded therco on the cast Ijy the western side of Cliurch-strect heing a line hearing northerly to Short- s treet on the north b}' the south side of Short-street being a line bearing west si.\ty-six feet on the west by a lino bearing south to Alarket-street and on the south bv the north side of M arket-street being a line bearing east si.\ty-si.x teet to the point of connnenccinent.

Secondly— All th a t parcel of land situate in the town and parish aforesaid (Commencing at the inter.section of the north side of Alarket-street with the eastern side of a lane separating the (diurch property from the Town Hall ])ropierty and hounded thence on the south by the northern side of M arket-street being a lino bearing east ninety-nine feet on the east by a line bearing north to Short-street on the north by the south side of Short-street being a lino bearing west ninety-nine feet to the lane aforesaid and oji the west by tlie east side of tha t lane being a lino bearing south to the point of coimnencement.