Saint Thomas' Church, Enfield, Land Sale Act 1888 (NSW)

S,\INT T hOM.A.'<

All Act to enable the Minister and Church­ ClUIRCH E n k ih .d

wardens of Saint Thomas’ Church, Enfield,	L.in i) S.vle.
to sell certain land in Kent-strect, Sydney, devised by the will of Thomas Hyndes,

deceased. [26̂ /̂ June, 1888.]

■YVTIIEREAS Thomas Ilyncles, late of Sydney, in the Colony of Preamble.

New South Wales, deceased, duly made and puhlishcd his last will and testament in writing, dated the first day of December, one thousand eight hundred and fifty-three, and thereby, after giving directions as to the payment of his debts and funeral and testamentary expenses, and bequeathing all his personal estate to his wife, Lucy Hyndes, gave and devised nnto tlic said Lucy Hyndes, Eraneis Mitchell, and Charles Eairfax, and their lieirs, all his lands, messuages, tene­ ments, hereditaments, and real estate, to hold the same unto the said Luey Hyndes, Eraneis Mitchell, and Charles Eairfax, and their heirs, to the uses upon the trusts, and with, under, and subject to the powers, provisoes, and declarations thereinafter expressed and declared con­ cerning the same respectively (that is to say) inter alia, as to all his messuage or dwelling-house with the appurtenances to the same belonging, being the southernmost of the four messuages or dwelling- houses situated in Kent-strect South, and adjoining to the house hereinafter devised to Mrs. Christina Milner Galley, to the use of the Minister and Churchwardens for the time being of the Church of Saint Thomas at Enfield, upon trust, to apply the rents, issues, and profits thereof, towards the repairing and keeping in repair the said Church : And whereas the said testator died on the eighth day of

W

l''ebruary,

30 52« VIC. 1888.

Saint Thomas Church Enfield Lands Sale.

February, one thousand eight hundred and fifty-five, without having altered or revoked his said w ill; and wdiereas the Reverend Septimus Hungerford is the present Minister of the said Church, and William Price, Thomas Hodson, and Hugh Cadden are the present Church­ wardens thereof; and whereas the said messuage or dwelling-house has been from time to time let for A'arious terms at rack rents, but is now and has been for some time past unlet, and the same is noAV in a bad state of repair, and in order to put the same into a proper state of tenantable repafi, a considerable sum of money would require to be expended, and the said Minister and Church­ wardens have no money at their disposal applicable to any such jiurpose, and it would be greatly for tlie benefit of the trust that the said messuage or dwelling-house should be sold; and whereas the said Minister and Churclnvardens have agreed with John Paul for the sale to him of the said messuage or dAvelling-house and the land on wdiich the same is erected, Avith the appurtenances, at the price of eight hundred and seventy-five pounds, which is a reasonable and proper price for the said messuage or dwelling-house; and Avhereas subsequently to the said agreement being entered into, it Avas dis­ covered that the said will contained no poAver of sale over the said messuage or dwelling-house, and the said Minister and ChurcliAvardens are further advised that great doubts exist as to the persons in Avhom the legal estate in the said premises is now" vested, and it is desirable that poAver should be given to the said Minister and Churclnvardens to carry out the said agreement, and to sell the said land and premises to the said John Paul, and to vest the legal estate therein in the said John Paul, and to apply the proceeds as hereafter directed; and Avhereas the description, comprised in the Schedule hereto, is a correct description of the messuage or dwelling-house AAith the appurtenances so devised by the aaJ I I of the said Thomas Hyndes as aforesaid. Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Coimcil and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as folloAA S ;—

Power to sell land.

1. I t shall be lawful for the said Septimus Hungerford, William Price, Thomas Hodson, and Hugh Cadden, or other the Minister and Churchwardens for the time being of the said Cliurch of Saint Thomas, at Enfield, to carry out the said agreement for sale, and to sell and convey the said land and premises described in the Schedule hereto Avith the appurtenances thereto, unto the said John Paul, his heirs and assigns, freed and discharged from the aforesaid trust, and the receipt in w'riting of the said Minister and ChurcliAvardens or other the said Minister and Churchwardens for the time being for the said sum of eight hundred and seventy-five pounds shall be an efficient and absolute discharge to the said John Paul, his heirs and assigns, and shall free him or them from seeing to the application of the said pur­ chase money and from any liability in respect of the same; and upon the execution of any couA^eyance, transfer, or other assurance, by the said Minister and Churchwardens, or other the Minister and Church­ wardens for the time being to the said John Paul, his heirs and assigns, the legal estate in the said messuage or dw"elIing-house and premises shall be deemed to and shall effectually vest in the said John Paul, his heirs and assigns.

InTestmcnt clause.

2. The said Minister and Churclnvardens, or other the said Minister and ChurchAvardens for the time being shall, out of the said sum of eight hundred and seventy-five pounds, pay the actual and reasonable expenses of the said sale and of this Act, and shall inA'cst the balance thereof by Avay of deposit as a permanent investment Avith any bank carrying on business in Sydney, or in or upon the purchase of shares

, of

1888.   52° VIC.

Ferpetual Trustee Company {Limited).

of any sucli bank, or in or upon the purchase of the debentures or Treasury Bills of any Australian British Colony, or in the purchase or on nioiigagc of any real estate in NeAV South Wales, and may from time to time vary or transpose such investments, and shall apply the dividends, interest, and animal income thereof towards the repairing and keeping in repair the said Church.

THE SCHEDULE BEFOEE EEFEEEED TO.

All that piece or parcel of land, containing by admeasurement three perches or thereabouts, situate in the parish of Saint Andrew, county of Cumberland, and being part of lot four, section twenty, city of Sydney : Commencing on the western building line of Kent-street, at a point distant one hundred and ninety feet four inches from tho southern building line of Driiitt-street; and bounded thence on the north-west by a line bearing south eighty-three degrees twenty-nine minutes west fifty-one feet four inches ; again on the north-west by a line bearing south seventy-three degrees thirty-four minutes west four feet nine inches; thence on tho south-west by a line bearing south four degrees fifty-eight minutes east fourteen feet two inches ; thence on the south-east by a line hearing north eighty-five degrees live minutes cast fifty-nine feet to tlic building lino of Kent-street aforesaid; and thence on tho north-east by that building line bearing north fifteen degrees fifty minutes west sixteen feet ten inches, to tho point of commencement.