St. Leonards Roman Catholic School Land Sale Act 1880 No slr (NSW)

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ANNO QUADriAGESIMO TEETIO

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All Act to omible the Most llevereiid Ro^’crBede st . tkonups

Vaii2^haii the Bevereud Joseph Dalton ands™oori ;̂‘sALE.

the lieverend James Kennedy as Trustees

of certain Land situated in the Borough

of St. Leonards to sell the said Land and

to provide for the a]i]iropriation of the

proceeds thereof. \2{)th January, 1880.]

VTTIIEREAS h y a conA cyan ec Ijcaring- date th e scA’entcentli day of Preamble.

May in the year of our Lord one thousand eigtit hundred and sixty-five and made betAveen Thomas Jolm Eishcr of the one part and the IMost lleverond John Ecdc Polding the Very lleverend Peter PoAvell and Thomas Cooper Makinson of the other part the land specified in the Schedule hereto was conA’cyed and assured unto the said John Eede Polding Peter Powell and Thomas Cooper Makinson their heirs and assigns upon trust for the erection thereon of a school for the education of Eoman Catholic children And hy the said indenture it Avas declared that if the said trustees or any of them or any trustee or trustees to ho appointed as thereafter was mentioned should die or desire to he dis­ charged or refuse or hecomc incapahlc to act then and in c cry such ease and so often the siuwiA'ing or continuing trustees or trustee or the acting executors or administrators of the last surA'iA'ing trustee might appoint any other person or persons to he a trustee or trustees in the stead of the trustee or tinistees so dying or desiring to ho discharged or

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a refusing

43° VIC. 1880.

St. Leonards Homan Catholic School Land Sale.

refusing or becoming incapable to act And whereas the said Most lleverend John Bede Polding and the said Very lleverend Peter Powell have since both departed this life And whereas afterwards the said Thomas Cooper Makinson being desirous of being discharged from the trusts of the said indenture of the seventeenth day of May one thousand eight hundred and sixty-five by deed of appointment bearing date the ninth day of January in the year of our Lord one thousand eight hundred and seventy-nine did in exercise of the said power appoint the Most lleverend lloger Bede Vaughan Homan Catholic Arch­ bishop of Sydney and the Reverend Joseph Dalton and the lleverend James Kennedy Clerks in Holy Orders trustees of the said indenture of the seventeenth day of May one thousand eight hundred and sixty- five and did convey and assure the said land to the said Roger Bede Vaughan Joseph Dalton and James Kennedy and their heirs upon the trusts declared in and by the said indenture And whereas a school has been built on the said land but the said land and the said school thereon are by reason of insufficient size and the increase of popu­ lation in the said Borough inadequate to supply the requirements of the Roman Catholic children of the locality And it is expedient that the said land and school-house should be sold and that the proceeds to arise from such sale should be applied in or towards the purchase of another piece of land in the said Borough of St. Leonards in a more suitable position as a site for a Roman Catholic school-house and the erection of such school-house thereon and for other the purposes herein­ after mentioned Be it therefore enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of Kew South "Wales in Parliament assembled and by the authority of the same as follows :—^

Trustees authorized	1. After the passing of this Act it shall be lawful for the said Roger Bede Vaughan Joseph Dalton and James Kennedy hereinafter styled trustees their heirs or assigns or other the trustees for the time being of the said indenture of the seventeenth day of May one thousand eight hundred and sixty-five to sell and dispose of the said land specified in the Schedule hereto by public auction or private contract and either in one lot or in several lots as they shall deem most expedient for such price or prices as can be had or obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers in fee simple freed and discharged from the said trusts affecting the same and the receipt in writing of the said trustees their heirs or assigns shall absolutely discharge the purchaser or purchasers of the said land or any part or parts thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of the said purchase money and from all liability as to the misapplication or non­ application thereof.
to sell.
Application of	2. The said trustees their heirs or assigns shall stand possessed of all moneys arising from any and every such sale or sales as aforesaid upon trust to apply the proceeds of such sale in or towards the purchase of another piece of land in the said Borough of St. Leonards as a site for the erection of a Roman Catholic school-house thereon and to apply the remainder of the said moneys if any which shall not be required for the jjurposes aforesaid in or towards the erection of a Roman Catholic school-house upon the land to be purchased as afore­ said And the receij)ts of any person or persons to whom any moneys shall be paid under the provisions of this Act shall be a valid and complete discharge to the said trustees their heirs or assigns for such moneys.
proceeds.

SCHEDULE.

1880. 43° VIC. 3

Joadja Greek Hallway.

SCHEDULE.

All that parcel of land containing hy admeasurement one rood and sis perches more or

less being portion of allotment number five of section number four of the town of St. Leonards in the parish of Willoughby in the county of Cumberland and Colony of New South Wales commencing on the south side of Mount-street at the north-east corner of the laud now described and bounded on the cast by a line southerly at right angles to Mount-street one hundred and thirty-two feet on the south by a line westerly at right angles to the eastern boundary ninety-five feet to the cast side of William-street on the west by one hundred and thirty-two feet of that street bearing northerly to its junction with Mount-street and on the north by that street bearing easterly ninety-five feet to the point of commencement.