Saint Mark's Alexandria School Site Act 1855 No sma (NSW)

458 19« VIC. 1855.

Saint Mark's Alexandria School Site.

Sit e .	to enable the Trustees of the Glebe of Saint James’ Church Sydney to convey a portion thereof to the Trustees of Saint Mark’s Church xilexandria (North) near Sydney as a site for the erection thereon of a School and a Schoolmaster’s Residence. [Vdth Decem­
ber, 1855.]

Preamble.

tn^H E U E A S a church of the United Church of England and T T Ireland called the Church of Saint Mark situate in the parish

of Alexandria (North) near Sydney has been erected and divine worship has been conducted therein for a considerable time past And whereas at present there is no parochial school-house of or belonging to or in connection with the said church in the said parish or elsewhere and it is of essential importance that such a school-house with a residence for the master thereof should be fortliwith erected And whereas there is no land in the said parish which Her Majesty’s Government can give or cause to be granted as a site for the erection of such a school-house and residence And whereas a piece of land containing three roods and five perches or thereabouts situate on the southern side of the New South llead Hoad being a portion of certain lands within the said parish which ŵ ere granted by His late Majesty King "William the Fourth to Trustees as a glebe for the Church of Saint James in the city of Sydney forms the most desirable site for the erec­ tion of such school-house and residence as aforesaid And whereas the Government of the said Colony is willing to grant to the said Trustees of the said glebe lands an equivalent quantity of land in some other locality in lieu of the said three roods and five perches or thereabouts of the said glebe lands if such (][uantity of the said last-mentioned lands shall be granted and appropriated for the erection thereon of such school-house and residence as aforesaid and the said present Trustees of the said glebe lands are therefore willing that such portion thereof shall be dedicated and appropriated to the erection and maintenance of such school-house and residence as aforesaid And whereas a public meeting of the inhabitants of the said parish was lately held whereat the Reverend George Eairfowl M'Arthur the present incumbent of the said Church of Saint Mark was chairman and at such meeting it was resolved unanimously that a parish school to accommodate one hundred and fifty children together with a residence for the master should bo forthwith erected in the said parish and that the education in such school should be conducted upon the principles hereinafter mentioned And whereas the sum of one thousand five hundred pounds has bcei\ already subscribed towards the object aforesaid by the residents of the said parish and others and it is expected that such further sum as may be required will be readily subscribed if such portion as afore­ said of the said glebe lands can be obtained with an indefeasible title thereto for the erection thereon of the said school-house and residence And whereas the said Trustees of the said glebe lands have no power to alienate any portion thereof for the purpose of erecting such scliool- house and residence and it is therefore necessarv in order to carrv the aforesaid objects into effect that such power should be conferred upon them and it is expedient and desirable that sucli power should be conferred upon them And whereas the Right Reverend the Lord Bishop of Sydney the Reverend Robert Allwood clerk the Honorable

Campbell

1855. 190 VIO. 459

Saint Marti's Alexandria School Site.

Campbell Drummond lliddoll Esquire Cliaidcs Kemp Esquire and Charles Martyn Esquire arc now tlic Trustees for the time hcanq- of tlic said qleh(' lands And Avlicrcais Sir Charles Nicholson Knij^lit Thomas Ware Smart Es(}uirc Thomas Sutcliffe Mort Esquire Thomas Whistler Smith Esquire and John Croft Esquire; are now the Trustc(;s for tlu; time being of the said Church of Saint Mark And Avliereas it is desirable that the said portion of tlio said glebe lands to he so dedicated and appropriated as aforesaid should he conveyed and assured to the said Trustees of the said Church of Saint illark and their heirs in such manner as to Aa'st the same in such last mention(;d Trustees and their heirs and assigns Trustees for the time being of the said Church of Saint IVlark upon tlu; trusts and to and for tlie (nids intents and purposes and under and subject to the provisions herein­ after contained (that is to say) uj)on trust for the erection and main­ tenance thereon of a parish school-house and a residence for the master thei’eof and to permit the same to be for ever liereaftcr appro­ priated and used as and for a school for the education of children in the said parish of Alexandria (North) and as a residence for the sc'hool- master tlu;rcof the said school to he under the general manag(;m(‘nt and control of the minister or incumbent for tlu; time being of the said Church of Saint Mark and the T'rustces or Trustee for the time being of such chuiadi hut so nevertheless that the instruction at the said school shall com])rise the following branches of school learning namely reading writing arithmetic; geography scripture history and (in tlu; case of girls) needlework and that it shall he made a funda­ mental regulation and ])ractice of the said school that the Bible he daily rc'ad therein by the children and that instruettiou in the (duircli Catechism and in the; doctrines and principles of the said Unitc'd Church shall at suitable times Dvice at least in every Aveek he regularly giA'cn to all the children in the said scdiool aa’Iiosc parents or guardians shall not on religious grounds object thercTo suc;h religious instructions to he under the superintendence and direction of the minister or incum­ bent for the time being of the said Church of Saint Mark and that no childrcMi shall he required to receive or he present at such religious instruction AAdrose parcnit or guardian shall ohjc{;t thereto on religious grounds and that no child shall in any case he required to learn any catechism or other religious formulary or to attend any Sunday- school or any place of AA'orship to AAdiich respectively his or lu;r parent or guardian shall on religious grounals ohje(;t and that the selection of sucli Sunday-school and plac;;' of AAorship shall in all cas<'s he left to the free choice of such parent or guardian AAnthout the child’s thereby incurring any loss of the benefits or privih'ges of the school And Avhereas the ohjc'ct aforesaid cannot he cfh;ct('d Avithoui- legis­ lative; autliority Be it thor(;fore enacted by llis Excellency the Governor of N oav South "Wales A\dth the advice and consent of the Legislative; Council thereof as follows—

1. It shall he laAvful for tin; said present Trustees of the afore-T'lo

said glebe' lands or eether the Trustees or Trustee; lor the time; being cimre". a iX ii 'iz ld to

thereof anel thev or he; re'snee*tive;lv are> horehv empoAvered hv anv r

deed executed by them or him to coiwey in lee simple to the'said saint Mark’s cimreh

present Trustees of the said Church of Saint Mark or ollit'r the

Trustees or Trustee for the time being theireof their heirs and assigns schooi-kousc ami

for evt'r All that the said portion of the said glebe lands cont:iiniiig™^®‘"®'̂ ‘’̂ “'‘̂"““'

three roods and liAm perches or thereabouts hereinbefore mentioned Avhich said portion of land shall he more particularly described in the couAmyance thereof together with all ways Avaters rights easements prAilegi'S and appurtenances thereto belonging or in anyAvise apper­ taining or thereAvith to he held by the said present Trustees of the said Church of Saint, Mark or other the Trustees or Trustee thereof to

whom

460 19̂ VIC. 1855.

Stm'y Hills Church and School Site.

wliom the same shall he so conveyed as afoi’esaid their heirs and assigns Trustees for the time being of the said Church of Saint Mark for ever absolutely discharged and exonerated from all trusts created by or existing under or by virtue of the letters patent hereinbefore mentioned or referred to but nevertheless upon and for the trusts intents and purposes herein in that behalf particularly mentioned.