An Act to enable the Trustees of certain Land in Harrington-street in the City of Sydney granted by the Crown for the erection thereon of a Presbyterian Church to sell the said Land and apply the proceeds in or towards satisfaction of the Debt existing on St. George's Church in Castlereagh- street Sydney aforesaid being a Presby terian Church in connection with the Synod of Eastern Australia. [_9th August, 1872.]
| WH E R E A S | Somerset R icha rd Ea r l of Belmore Governor of t h e Colony |
| by a Crown gran t | unde r t h e hand of H i s Excel lency |
of N e w South W a l e s and t h e seal of t h e said Colony dated t h e twen ty -n in th day of December in t he year one thousand eight hundred a n d seventy-one the said Governor did g ran t u n t o Pe te r
| Stewar t J o h n | Macdona ld | Robe r t | Campbel l | J a m e s | Cameron | W i l l i a m |
| Buyers | D u n c a n | St. | Clare | Mac la rdy | J a m e s | E w a n | and | D u n c a n |
K e n n e d y M c I n t y r e all of Sydney in t h e said Colony being respect ively Trustees nomina ted and appointed unde r and by v i r tue of an A c t of the Governor and Legislat ive Council of t he said Colony m a d e and passed in t he e ighth year of t he re ign of H i s l a te Majesty K i n g Wi l l i am I V in t i tu led " An Act to regulate the Temporal Affairs " of Presbyterian Churches and Chapels connected with the Church of " Scotland in the Colony of New South Wales " and to the i r hei rs and assigns Al l t h a t piece or parcel of land in t he said Colony conta in ing by admeasuremen t twen ty perches be t h e same more or less s i tua ted in t he County of Cumber land and Pa r i sh of St. Phi l l ip City of Sydney a l lo tment th ree A of section eighty-four commencing on t h e eas tern bui lding-l ine of Har r ing ton- s t r ee t a t a po in t bear ing easterly and dis t a n t t en l inks and one half of a l ink from t h e south-western corner of a l lo tment th ree of s ixteen perches and one half of a perch and bounded thence on t h e west by t h a t building-l ine bear ing sou ther ly one
| cha in and twenty-one l inks on the south by pa r t of t he | n o r t h e r n |
boundary- l ine of a l lo tment four of n ine teen perches and one half of a pe rch bea r ing easterly one chain and eight l inks on the east by p a r t of t h e wes tern boundary- l ine of a l lo tment n ine of t h i r t een perches bear i ng nor the r ly forty-three l inks' and thence by a l ine bear ing n o r t h two degrees west seventy-six l inks and on the no r th by p a r t of t he southern boundary- l ine of a l lo tment th ree aforesaid bear ing westerly one chain to t he point of commencement as per p lan wr i t t en in t h e marg in of t he now reci t ing g ran t To hold t h e same un to t h e said Trustees thei r heirs and assigns for ever upon t ru s t for t h e erection thereon of a Presby te r ian Church unde r t h e super in tendence of t he Synod of Aus t ra l i a in connect ion wi th t h e established Church of Scotland in conformity wi th t h e provisions of t h e said A c t and of a certain other A c t of t h e Governor and Legislat ive Council of t h e said Colony m a d e a n d passed in t h e seventh year of t h e re ign of H i s said la te Majesty K i n g Wi l l i am the F o u r t h in t i tu led "An Act to promote the Building
| " of Churches | and | Chapels | and to provide for | the maintenance | of |
" Ministers of Religion in New South Wales " so far as t h e same m a y apply to t he t rus ts of t h e now reci t ing g ran t and for no other purpose whatsoever A n d whereas the t rus t upon which i t was in tended t h a t t h e said l and should be held was erroneously stated in t he said g ran t and should have been expressed to be upon t rus t for t h e erect ion of a Presbyte r ian C h u r c h in connection wi th t he Synod of
| E a s t e r n | Aus t ra l i a | A n d whereas a | Presbyter ian | Church | in | connect ion |
wi th t he said Synod of Eas t e rn Aust ra l ia called or k n o w n as St. George 's Church has for m a n y years been erected upon a site in Cast lereagh-street in Sydney aforesaid which Church and site were by an inden tu re dated on or abou t t h e th i r t ie th day of J u l y
| one thousand e ight h u n d r e d and | fifty-nine | conveyed by one Gregory |
| Board | to | W i l l i a m | Manson | Wi l l i am | Buyers | J o h n | McDouga l l | J o h n |
| Cameron | J o h n | M c D o n a l d | J a m e s | Cameron | J o h n | Moon | J o h n | Liddel l |
Sheriff Robe r t Campbel l P e t e r Stewart and Alexander L e a r m o n t h as Trustees and are now subject to a certain mor tgage to J o h n Bayley Darva l l dated on or about the first day of A u g u s t one thousand e ight hund red and fifty-nine whereon the re is due a considerable sum of money for pr incipal a n d which said mor tgage was t ransferred to M r s . M a r y A n n Burdek in A n d whereas t h e said P e t e r Stewart
| J o h n Macdonald | R o b e r t | Campbell | J a m e s | Cameron | Wi l l i am | Buyers |
D u n c a n St. Clare Maclardy J a m e s E w a n and D u n c a n Kennedy M c I n t y r e a re t h e present Trustees of t he said St. George 's Church and site A n d whereas t he said land so gran ted as aforesaid is inconvenient ly
| hereinafter ment ioned Be i t therefore enacted by the Queen ' s Most | deemed expedient to sell t h e same and apply the proceeds in m a n n e r s i tuated and ineligible for t h e purpose of t he said t r u s t and i t is |
| Exce l l en t Majesty by a n d wi th t h e advice and consent of t h e Legis lat ive Council and Legislat ive Assembly of New South W a l e s in Pa r l i amen t assembled and by the au thor i ty of the same as follows :— |
| 1. I t shall be lawful for t h e said Pe te r Stewart J o h n | Macdonald |
| Robe r t Campbel l | J a m e s | Cameron | Wi l l i am | Buyers | D u n c a n St. | Clare |
Mac la rdy J a m e s E w a n and D u n c a n Kennedy M c I n t y r e or t h e sur- vivors or survivor of t h e m or the Trustees or Trustee for t he t ime be ing of t h e said l and so g ran ted as aforesaid to sell and dispose thereof by publ ic auc t ion or pr iva te cont rac t and ei ther in one lot or in several lots as t h e said Trustees or Trus tee shall t h ink most expedient for such price or pr ices as can be reasonably had or obtained for t h e same a n d when sold to convey or t ransfer t h e same premises or any pa r t or pa r t s thereof to t h e purchaser or purchasers thereof and the reupon the same shall vest absolutely in t he said purchaser or purchasers his he r or the i r heirs and assigns freed and discharged from all t rus t s affecting t he said land or any pa r t thereof.
2. The clear moneys to arise from t h e sale of t he said l and after p a y m e n t of t h e necessary expenses incur red in or about such sale or sales shall be paid in to t h e hands of t h e Colonial Treasurer for t h e t ime being to t h e credit of t h e said . Trustees or t h e survivors or survivor of t h e m and t h e receipt of t he said Colonial Treasurer shal l be a sufficient discharge to t he purchaser or purchasers of t he said l and or any p a r t or par t s thereof a n d shall whol ly exonerate h i m her
| or t h e m from seeing to t h e appl icat ion thereof and from | all | l iabil i ty |
| as to t h e misappl icat ion or nonappl ica t ion | thereof. |
3. I t shall be lawful for t h e said Trustees or t he survivors or survivor of t h e m or t h e Trustees or Trus tee for t he t ime being of t h e said St. George 's Church and they and he are hereby author ized and empowered to apply t h e moneys which m a y be raised or received by or from sale of t he said land or any p a r t thereof in pay ing off or reducing the said mor tgage now exist ing on the said St. George 's Church Provided always t h a t t he said Church and t h e site thereof
| w i th t he appur tenances the re to | w h e n such | mor tgage is | discharged |
| shall vest in t he said P e t e r S tewar t J o h n Macdona ld Rober t | Campbel l |
| J a m e s Cameron Wi l l i am | Buyers | D u n c a n St. | Clare | Macla rdy | J a m e s |
E w a n and D u n c a n K e n n e d y M c I n t y r e or t he survivors or survivor of t h e m their or his heirs and assigns as Trus tees or Trus tee for a Presby te r ian Church in connect ion wi th t he said Synod of Eas t e rn Aus t ra l ia .
4. The drafts or orders of t h e said Trustees named in t h e said g r a n t or of t he said St. George 's C h u r c h or any three of t h e m on t h e Colonial Treasurer pu rpo r t ing to be for bo th or ei ther of such last- men t ioned purposes and to be d rawn by such Trustees as such shal l be sufficient discharges to t he said Colonial Treasurer for all and every sums and s u m of money as shall be the re in expressed and as shall have been paid in pur suance thereof and the said Colonial Treasurer shall no t be responsible in respect of any misappl icat ion or nonappl icat ion of any money so paid by h i m on any such draft or order.