St. Mary’s Waverley Church of England Land Sale Act of 1886 No smw (NSW)

An Act to enable W illiam H enry Simiison st mabt«

A ' ’ * T 1 * T '» W avekley C h u r c h

Jam es Vickerv and W illiam Jiansomeop 1,,̂ ,

Sai .e .

Gullick as Trustees of certain land in the parish of St. M ary W^averley to sell the said land and to provide for the appropri­ ation of the ])roceeds thereof and to vest in the said Trustees certain other land in the said jiarish and to provide for the sale of the same and the appropriation of the

proceeds thereof. [28 /̂ ̂ May, 1886.]

IT T IIE llE A S by a grant from tlic Crown bearing date the twenty- Preamble.

V V second day of October one thousand eight hundred and seventy-

two tlic land sped lied in the Eirst Scliedulc hereto Avas granted unto llobcrt William VcAvman William ]3arker and EdAvard llayncs their heirs and assigns uiion trust for the erc-ction thereon of a chureli of the E^nited Church of England and Ireland as by hiAV established in con­ formity Avith the provisions of the Act seventli William Eourth number three and the Act dghth William Eourth number five And Avhcrcas by grant Irom the Crown bearing date the tAventy-second day of October one thousand eight hundred and seventy-tAvo the land specified in the Second Schedule hereto Avas granted unto the said llobert AVilliam NeAvman V'illiam Barker and EdAAurd Baj-ncs their heirs and assigns upon trust for the appropriation thereof as a site for a dAvelling-house garden and other appurtenances for tlie clergyman duly appointed to ofilciate in the said chureli of the United Church of England and Ireland in N cav South Vbiles erected at AVaA'crley in conformity Avith the provisions of the said before-mentioned Acts And Avhereas by a grant from the CroAim bearing date the tAventy-sixth day of October one thousand eight hundred and scA'cnty-tAvo the land specified in the Third Schedule hereto Avas granted unto the said Bobert AVilliam Xewman William Barker and EdA\ ard Baynes their heirs and assigns upon trust for the erection thereon of a school-house in connection A\ith the United Church of England and Ireland as by laAV establislu'd And whereas the said Bobert AVilliam XeAA inan AA'illiam Barken' and

h Edward

49° VIC. 1886.

St. Mary’s Waverley Church o f England Land Sale.

Edward Eaynes have long ceased to be the Trustees of the said lands and William Henry Simpson James Vickery and Wnlliam Eansome Gullick are now the duly appointed Trustees tliereof And whereas the said sites having been found unsuitable for the purposes for which they were respectively granted and there being already in existence within the said parish of St. Mary W^averley a Church of England and a dwelling-house for the clergyman thereof (which are vested in the said William Henry Simpson James Vickery and William Eansome Gullick as Trustees) it is deemed expedient to sell the said lands and to apply the proceeds as hereinafter directed And whereas the land in the Eourth Schedule hereto described was by an indenture dated the first day of September anno Domini one thousand eight hundred and fifty-seven made between James Heather Atkinson of AVaverlcy afore­ said of the one part and John Dickson and Samuel Eaymond both of Waverley of the other part granted in fee to the said John Dickson and Samuel Eaymond by the said James Heather i\.tkinson And whereas by a declaration of trust dated the eighteenth day of November one thousand eight hundred and fifty-seven executed by the said John Dickson and Samuel Eaymond after reciting the aforesaid indenture and that the said land therein described had been purchased by them the said John Dickson and Samuel Eaymond out of chureli funds and upon trust for the said church it was declared and provided that the said John Dickson and Samuel Eaymond should stand possessed (and were then possessed) of the said lands upon trust to permit and suffer the same to be used and occupied by the master and scholars of the said Church of England School at W^averley as is therein provided subject to 'the directions and control of the 33ishop of Sydney or his successors And whereas the said John Dickson pre-deceased the said Samuel Eaymond who died leaving his widow Catherine Sophia Eaymond him surviving And whereas by an indenture made the fourth day of June one thousand eight hundred and seventy-nine between the said Catherine Sophia Eaymond of the one part and the Eight Eeverend Erederic Barker Lord Bisliop of Sydney of the other part the said Catherine Sophia Eaymond conveyed the land specified in the Eourth Schedule hereto unto and to the use of the said Bishop of Sydney and his successors for ever And whereas the said land was held by tbe said Bishop of Sydney and used by him in trust for the said parish of St. Mary W^averley And 'whereas the said Erederic Barker is since deceased and the Most Eeverend Alfred Barry is now the Bishop of the said Diocese of Sydney And whereas the said Alfred Barry is desirous that the said land in the Eourth Schedule described should be vested in the said William Henry Simpson James Vickery and Mulliam Eansome Gullick their heirs or assigns as Trustees for the said parish of St. Mary "Waverley and should be dealt with by them in like manner and in conjunction with the lands in the Eirst Second and Third Schedules mentioned and so as aforesaid now held by them And whereas the population in the said parish has largely increased and is still largely increasing and it will be necessary to enlarge and improve the said present existing church and parsonage and to purchase sites for additional buildings in connection with the said church Be it therefore enacted by the Queen’s ^lost Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows ;—•

Land Tested in 1. The land in the Eourth Schedule hereto deseribed shall

Trustees. be held by and shall be and tbe same is bereby vested in the said William Henry Simpson James Vickery and "William Eansome Gullick their heirs and assigns upon trust for the said parish of St. Mary Waverley.

1886.   49 ̂ VIC.

SL Mary’s JPaverley Church o f England Land Sale.

2. I t shall and may ho laAvful for the said William llem y Simpson James Vickery and William Ilansomc Gullicdc (hereinhofore styled Trustees) or other the Trustee or Trustees for the time being of the said lands in the four Schedules hereto described and their heirs or assigns to sell and dispose of the said lands cither by public auction or jji'ivatc sale and cither in one lot or in several lots and for sucli price or jndccs as can be obtained for the same and upon such terms and conditions of sale as the said Trustees may deem expedient and to buy in the said lands or any part or parts thereof and to convey transfer and assure the said lands or any part or parts thereof in fee simple to the purchaser or purchasers thereof his her or their heirs or assigns freed and discharged from eaeli and all the trusts alTecting the same and the receipt in Avriting of the said Trustees their heirs and assigns for any money arising from such sale or sales shall be an elfectual and absolute discharge to the ])\irchaser or pui'chasers thereof and shall free him her or them from seeing to the application of any proceeds of such sale or sales and from any liability in respect of tbe same.

3. The said Trustees their heirs or assigns shall stand possessed Application of

of all moneys arising from each and every such sale or sales as aforesaid and after the payment of the actual and reasonable expenses of such sale or sales and of tliis Act upon trust to apply the proceeds of such sale or sales

(a) In or toAvards the purchase of another site Avithin the said parish of St. Mary Waverley for the erection thereon of a school-house in connection Avith the Church of England and in or toAÂ ards the erection of such school-house thereon.

{b ) In or toAA'ards the purchase of additional land AA'ithin the said

parish for the said parsonage in connection Avith the said

church.

(c) In or toAA'ards the enlargement or improA'cment of tlic said

present existing church.

and to apply th e remainder o f th e said m on eys (if any) in or toAvards

the purchase of sites Avithin the said parish and the erection thereon

o f additional buildings in connection Avith the said church as may he

rendered necessary by the aforesaid increase of population therein.

I. This Act may be (dtedas the “ St. Mary’s Waverley Church shoittitie.

of England Land Sale Act of 1886.”

V m S T SCHEDULE.

All that piece or parcel of land in the Colony of Now South Wale.s containing hy adnicasureincnt one acre lie the same more or less situated in the county of Cumber­ land and parish of Alexandria near Waverley Commencing on the south-western side of the Coogee Bay Road at the south-eastern corner of John M'Leric’s three acres three roods twent3'-four perches and bounded thence on the north-east by that road bearing south thirty-one degrees east three chains and twenty-six link.s on the south by the northern boundaries of the approjn-iations of tw’o roods each for Church of England school and parsonage respectively being in all a line bearing W'est four chains and forty- six links on the west by part of the eastern boundary-line of the three acres two roods three perches for the institution for the education of the daughters of clergymen bearing north two chains seventy-seven links and one-half of a link and on the north by part of tlu! southern-boundary line of John M‘Leric’s three acres and three roods twenty-four ])erches aforesaid bearing east two chains and seventy-seven links to the point of commencement.

SECOND

49° VIC. 1886.

Newcastle Steamship Company's Preferential Shares.

SECOND SCHEDULE.

All tliat piece or i)arcel of land in tin; Colony of New South Wales containing by adineasureinent two roods be the same more or less situated in the county of Cumberland parish of Ale.xandria near Waverley Commencing on the northern side of Nelson Itoad at the south-western corner of the appropriation for a Church of England school and bounded thence on the south by that road bearing west two chains and sixty- throe links on the weist by part of the eastern boundary-line of the three acres two roods three perches for the institution for th(‘ education of the daughters of clergymen bearing north one chain ninety links and om'-half of a link on the north by part of the southern boundary-line of the appropriation of one acre for a Church of England church bearing east two chains and sixty-three links and on the east by the western boundary line of the appropriation for a Church of England school aforesaid bearing south one chain ninety links and one-half of a link to the point of commencement.

THIED SCHEDULE.

All that piece or parcel of land in the Colony of New South Wales containing by admeasurement two roods be the same more or less situated in the county of Cumberland and parish of Alexandria near Waverley Commencing on the south-western side of Coogee Bay Road at the south-eastern corner of the appropriation of one acre for a Church of England church and bounded thence on the north-east by that road bearing south forty degees thirty minutes east two chains forty-eight links and one- half of a link on the south by Nelson Road bearing west three chains and forty-two links on the west by the eastern boundary-lim! of the apjn’ojniation for a Church of England parsonage bearing north one chain ninety links and one-half of a link and on the north by part of the southern lioundaiy-line of the appropriation for a Church of England church aforesaid bearing east one chain and cightj'-three links to the point of commencement.

FOURTH SCHEDULE.

All that piece or parcel of land situated at Waverley in the parish of Alexandria county of Cumberland and Colony of New South Wah‘s containing fourteen perches more or less bounded on the north by a Go\ e‘rnment road one chain wide Commencing at a point on the south side thereof distant one hundred and twenty feet w(;sterly from the junction of the Coogee Road and bearing w(‘st(;rly forty feet on the west by a line bearing southerly ninety-six feet to a lane on the south by that lane (eight feet wide) bearing easterly forty feet and on the east by a lino bearing northerly ninety-six feet dividing it from lot number three to the point of commencement and being lot number four of the subdivisions of James Heather Atkinson’s property at Waverley.