School of Arts (Sydney) Trustees Act 1852 No sas (NSW)

An Act to enable the President Senior Vice

President and Treasurer of The Sydney —

Mechanics’ School of Arts ” to sell the Land belonging to the said Institution in George- street South Sydney and to purchase otlier Land and erect new Buildings in connection with the objects of the said Society in a more convenient situation and for other purposes therein contained. [21ŝ December,

1852.]

TTPHEUEAS by a deed poll or instrument under the band of Sir Preamble.

VV Charles Augustus Eitz Koy Her Governor in Chief of the

society school or public institute called “ The Sydney Mechanics’ School of A rts” Arthur Martin aBeckett Esq. then Senior Vice­ President and Thomas Cowlishaw Esq. then Treasurer of the said society All that piece or parcel of land containing by admeasurement one rood a little more or less situate lying and being in the said Colony of New South Wales in the county of Cumberland in the city of Sydney in the parish of Saint Lawrence bounded on the west by George-strcet (commencing at the south-west corner of allotment number thirty-six on that street) bearing southerly one hundred feet to Christ Church Parsonage on the south by that church land bearing easterly one hundred and nine feet to a lane twenty feet wide on the east by that lane bearing northerly ninety-nine feet ten inches to allot­ ment number thirty-six and on the north by a line at right angles to George-street bearing westerly one hundred and nine feet to the point of commencement on George-street To hold the same unto and to the use of the said Charles Nicholson Arthur Martin aBeckett and Thomas Cowlishaw their heirs and assigns upon trust to permit the sam« premises to be appropriated as a site or place for the erection of such building or buildings for the said society school or institute as the President Senior Vice-President and Treasurer for the time being of the said society or other the managing officers thereof should think fit and upon further trust to convey the same hereditaments from time to time so and in such manner that the same might become vested in the President Senior Vice-President and Treasurer for the time being of the said society or institute in fee simple upon the trusts and for the purposes aforesaid And in the said instrument was contained a

Colony of New South Wales made and issued the twenty-ninth day Crown Grant

of March one thousand eight hundred and fifty-one Her Majesty Queen

condition

244 m v io . 1852.

School o f A rts (Sydney) Trustees.

condition for avoidance by Her Majesty of the said grant and for resumption of the land granted upon user thereof hy the said grantees for any other purpose than as a site for such buildings as therein mentioned or upon any alienation thereof And whereas the said Arthur Martin aBeckett is now the President of the said society and William Timothy Cape and MTlliam George Pennington Esquires are now respectively the Senior Vice-President and Treasurer of the said society And whereas the said land being in an inconvenient situation for the erection of buildings in furtherance of the objects of the said society it is deemed expedient to sell the said piece of land and to obtain other land in a more suitable situation for the purpose Be it therefore enacted by His Excellency the Governor of Aew Soutli Wales by and with the advice and consent of the Legislative Council

Trustees authorized	thereof as follows—
to sell and execute	1. I t shall be lawful for the said Arthur Martin aBeckett W^illiam Timothy Cape and William George Pennington or the President Senior Vice-President and Treasurer for the time being of the said Sydney Mechanics’ School of Arts to sell and dispose of the said piece or parcel of land in George-street aforesaid by pul)lic auction or private contract and either in one lot or in several lots as they shall think most expedient for such prices as can be reasonably had oi‘ obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers their or his heirs and assigns and thereupon the said hereditaments or such portion thereof as shall be so conveyed by the said Arthur Martin jiBeekett AVilliam Timothy Cape and William George Pennington or the President Senior Vice-President and Treasurer for the time being shall notwithstanding that the legal estate therein lie in the said original grantees thereof their heirs or assigns vest absolutedy in the person or persons to whom the same shall have been so conveyed their or his heirs or assigns freed and discharged from the trusts created and declared by the said deed of grant.
conveyances.
Proceeds of sale to

be paid into the 2. The moneys to arise from the sale of the said land and

Treasury and re­	buildings shall be paid into tlie hands of the Colonial Treasurer to tin'
ceipts of Colonial
Treasurer to be suffi­	credit of the said President Senior Vice-President and Treasurer for
cient discharges.	the time being and the receipt of the said Colonial Treasurer shall be a sufficient discharge to the purchaser or purchasers of the said land or any part or parts thereof and shall wholly exonerate him or them from seeing to the application thereof and from all liability as to the mis-application or non-appheation thereof.
Power to Trustees to

purchase or accept 3. I t shall be lawful for the said Arthur Martin aBeckett

laud and employ	William Timothy Cape and "William George Pennington or the Presi­
proceeds of sale in
erecting new	dent Senior Vice-President and Treasurer for the time being of the
buildings.	said School of Arts to purchase or to accept a grant of land in the city of Sydney for the purpose of erecting a new School of Arts and all other necessary buildings thereon and to em])loy the proceeds of the sale of the hereditaments hereby authorized to l:)e sold in the purchase of such other land unless a free grant thereof shall have been made to them and in the erection of a new School of Arts and other buildings if required in connection therewith and the drafts of the said President Senior Vice-President and Treasurer or any two of them of whom the said Treasurer shall be one purj)orting to be for either of such purposes and to be drawn by them as such office-bearers of tlu* said institution shall be a sufficient discharge to the said Colonial Treasurer for all such sum or sums of money as shall be therein expressed to be drawn for and as shall have been paid in pursuance thereof and the said Colonial Treasurer shall not be responsible in respect of any mis-application or non-application of any money so paid by him on anv such draft.

‘ 4 .

1852. 16« VIC. 245

CamphelVs W ill Trustees.

4.               The land to l)c ncnvh ̂ acquired as aforesaid for the said

therewith when built or ('rectcd shall he vested in the said Arthur TieasVr̂ 'for tife'̂

jMartin aBeckett William Timothy Cape andAVilliam G norgc Pennington time being,

or other the President Senior Vice-Presidtmt and Treasurer for the

time being of the said Sydney Mechanics’ School of Arts and upon the

election or appointment at any time liereafter of any other President

institution and the new School of Arts and other buildings connected President Senior rules and regulations of the said institution the said land and build­ ings shall thereupon and without the execution of any conveyance or transfer thereof becomes and l>e vested in tbe said new office-bearer together with the continuing ollice-hean'r or office-hearers if any or alone as the case may reipiire and tlie said President Senior ATce- President and Treasurer for the time lieing shall hold the said land and Imildings in trust for tlie purposes of the said institution and subject to till! rules and regulations thereof.

0 . In case no sale of the hereditaments hereby authorized to be case no sale take*

sold shall take place under the poivers conferred hy this Act then tlie vest̂ in President

"

who for the time lieiiig shall be the President Senior Ance-President for the time being,

and Treasurer of the said institution under any election or appointment

as aforesaid without anv convevance or transfer of the said land and

buildings having been madi' and shall hi' held by the. said President

same shall from time to time and at all times be vested in the the purposes aforesaid and subject lo tlu* rules and regulations of tbe said institution.