Scots Church Trustees Act 1832 No sct (NSW)

3̂ GUL. IV. 1832.

Scots Church Trustees.

Scots CncROH

T bostees. An Act to enable the Trustees of the Scots Church in Sydney in the Colony of New South Wales to grant a mortgage to Govern­ ment on the buildings now erecting on their allotment for the amount of a loan advanced by Government to enable the said Trustees to erect the said Church and also for the amount of a further loan advanced by Government in aid of the establishment of the Australian

College. [13̂ /̂ October, 1832.]

Frcamble.	\ \ I IIEREAS by a certain dt-ed of grant tlnly executed and bearing
V V date tbe tenth day of NoA einber in tli(' year of our Lord one

thousand eight hundriid and twenty-six His Excellency Lieutenant General Idalph Darling then Captain General and Governor-in-Chief of the said Colony did under and by virtue and in pursuance of the ])ower and authority in liim vested give and grant unto the lleverend John Dunmore Lang Doctor in Divinity John Piper Thomas M'Vitie and David Kainsay Esquires Trustees for the Congregation of Scots Presbyterians in Sydney and to their successors in office for ever a certain piece or ])arcel of land containing two roods and thirty-nim! perdies lying and situate in the Parisli of Saint Philip in the County of Cumberland bounded on tlie north-east by Underwood’s allotment bearing east thirty-six degrees and a half south one (diain aird eighty links on the south-east by a line bearing soutii thirty-three degrees and a half west three cliains and fifty-seven links to the barrack wall by that wall to th(» street one chain on the south-w(‘st by tbe str(;et bearing north-west by Chaidotte-place bearing north thirty-one degrees and thirty minutes west one chain and forty-three links and on the north-west by Charlotte-place bearing north thirty-six dt'grees and a half cast three chains and sixty-four links but declaring that the ground thereby comawed was granted for the purpose of erecting a Scots Church iu Avhich the ordinances of religion should be dispensed by a regularly ordained Minister of the Church of Scotland and such other buildings therewith connected as the Trustees might think tit to erect And whereas tlie Colonial Treasurer of the said Colony by an order or warrant of His Excellency Sir Thomas Brisbane then Governor of the said Colony in the year of our Lord one thousand eight hundred and twenty-tive on the part of the (iovernment of the said Colony lent and advanced to the said John Dunmore Lang Doctor in Divinity John Piper Tliomas INPVitie and David Eamsay as Trustees as afore­ said the sum of two thousand four hundred dollars for the ])urposc of enabling the said Trustees to erect a Church upon the said parcel of land above mentioned upon condition of the repayment thereof by the said Trustees to the Government And whereas an Academical Institution or College has lately been established for the education of youtli and the said ITustees of the Scots Church have agreed and consented that the nec-essary buildings for the purpose of carrying on the said Institution should be erected upon a part of tbe said parcel of land hereinbefore mentioned And whereas upon application being made to him for that purpose the Right Honorable the Secretary of State for the Colonies has been pleased to authori2e the

Governor

1832.   3̂ GUL. IV.

Scots Church Trustees.

GovcH’Hor of tlu' said Colony of IScw Soutli Wales to advance a loan of tlii-cc thousand five liundiaal pounds to the promoters of the ahovĉ undertaking- from tin- Colonial Treasury towards enabling them to com])let(! the same upon (;ondition that the said Institution or College together with all the buildings tlu-rcninto belonging or appertaining should 1)0 erected or built upon the ground belonging to the said Scots ('liim-h and that the promoti-rs of the undertaking shovdd prc'viously expend a similar amount in the erection of tin- above Imildings and that the above buildings when erected should stand as a security to the Government of tin- said Colony for the repayment of the sums advanced by the said Government for tlie purpose aforesaid And whereas the Colonial Treasurer of the said Colony by th(' ord(-r or warrant of Ifis Excellency Coloncd Patrick Lindesay then Acting Governor of the said Cohmy in the year of our Lord om- thousand eight hundred and thirty-one paid to tlie said Trustees in pursuance of tlie said ai-rangenumt entered into with the Right Honorable the Secretary of State for the Colonies as aforesaid the sum of one thousand five hundred jiounds And whereas a sum ol‘ money exceeding the said sum of one thousand five- hundred ])ounds has already been expended in erecting the buildings for tin- said Insti­ tution or College on the said parcel of land hereinbefore mentioned And whereas it would lx- bi-neficial to the public and to the advance­ ment and promotion of k'nowledg(- within the said Colony if the said dolin Dunmore Lang Doctor in Divinity John Piper Thomas M‘Vitie and David ilamsay and tin- otlnn- promoters of the said Institution Avere enabled to carry the agreement Inn-einbefore nn-ntioned into effect and for that purpose that the said Trustees of the Scots Church should be empowered to grant a mortgage of the said land and premises aforesaid to the Collector of Internal Revenue of the said Colony for the time being ibr and on behalf of the GoAun-nment of the said Colony but the same cannot bo ettected AAfithout the aid and authority of an Act or Ordinance of His Excellency the Governor Avith the adA-'ice and consent of the Legislative Council Pc it thei-e- Authorizing thô

by and Avith tlie advice of the Legislative Council That from and

afti-r the passing of this Act it shall and may lx- laAA'ful for the said

fore enacted by His Exctdlcncy the Governor of N cav South Wales ciuudrEftau to Trustt'cs as aforesaid of the said congregation of Scots Presbyterians in Sydney and their successors to transfer or mortgage the said parcel of land liert'inbefore mentioned togt-ther Avith the buildings noAV erected or hereafter to be erected thereon to the Collector of tli)' Internal Hevenuc of the said Colony and to his successors in office' for the time being for and on behalf of the GoAmrnment thereof for securing the repayment of the said sums of I avo thousand four hundred dollars and one thousand five Imndix'd pounds so advance'd to the said Trustees as aforesaid and of the further sum of tAVO thousand pounds Avhen ad ancc'd to the said Trustees or tln-ir successors under the agreement as aforesaid and by AATiting under the hands and seals of any thr(‘(' or more of the said Trustees or their successors to assign tin- said parcel of land aforesaid together with the buildings noAV erected or hereafter to be erected thereon to the Collector of the Internal Ilcvenuc of the said Colony or to his suc­ cessor or successors in his said office for the time being for and on behalf of the Government of the said Colony as a security for the rcpaynu'nt of the said jirincijial sums of money so advanced to the said Trustees as aforesaid and for any such lurthcr sum or sums of money as shall be advanced to the said Trustees by the said Govern­ ment of the said Colony as aforesaid.

3« GUL. IV. 1832.

Scots Church Trustees.

Act net to afi'ect tlie 2. Providotl always and be it further enaeted That nothing in right title 01’ interest of Ilis Majesty his Heirs or Successors or of any body corporate or politic or of any other person or persons excepting such as are mentioned herein or of those claiming by or under liim or them.

ofot'othera	Ordinanee eontained sliall he deemed to affect or apply to any
tioned herdn.
Commeucetnent of

Act. 3. And he it further enacted That this Ordinanee shall not commence or take effect until the same shall have received the Iloyal approbation and the notification of such approbation shall hav<’ been made by His Excellency tlu' Governor in the Ncic South JFates Gover)imcut Gazette.

ANNO