St. Philip's Parsonage Act of 1884 No spp (NSW)

An Act to enable the Trustees of St. Philip's Church Sydney to lease a certain piece of land situate in the City of Sydney parish of St. Philip and to apply the rents and profits thereof, [2\st February, 1884.1

W H E R E A S b y an A c t passed in this Colony in the twenty-second year of the R e i g n of H e r present Majesty intituled " An Act

to authorize the sale mortgage or exchange of the Parsonage in con­

nection with the said Parish of St. Philip in Sydney and the providing
of another Parsonage and for other purposes of the said Parish''1 I t

Avas enacted that John Campbell George Ki lgour Inge low and John Alexander Mathews should hold certain land upon trust to sell and dispose of the same and should stand possessed of all moneys arising from every sale upon trust in the first instance to pay and apply the same or so m u c h thereof as should be required for the purpose in the purchase of a proper site for a j w s o n a g o within the said parish with

or without a house and offices thereon or otherwise as therein
mentioned provided that any site so purchased should absolutely vest in the said Trustees as and for the Parsonage of the Church of St. Phil ip and the residence o f the incumbent thereof for the t ime being upon the trusts and for the purposes declared in and subject to the provisions of the A c t hereinafter mentioned in reference to lands appropriated as sites for dwelling-houses for Clergymen of the United Church of England and Ireland A n d whereas the said John Campbell

George Ki lgour Inge low and John Alexander Mathews in exercise of

the authority given to them b y the hereinbefore; in part recited A c t sold the said certain land therein described A n d whereas by an indenture dated the sixth day of October one thousand eight hundred and sixty-nine and made between John Croft of the first part James Sutherland Mitchel l of the second part and the said John Campbell and John Alexander Mathews thereinafter called the Trustees (the said George Ki lgour Inge low being then dead) of the third part Af ter reciting that the said Trustees in exercise of the authority given to them b y the hereinbefore recited A c t had contracted with the said John Croft for the sale to them of the land thereinafter described I t was witnessed that for the considerations therein mentioned the said John Croft did grant bargain sell and release all that parcel of land situated in the said City of Sydney parish of St. Phil ip county of Cumberland and Colony o f N e w South Wales being the whole of allotments seven and eight and part of allotment number nine of section number three of the site of the old Military Barracks c o m ­ mencing on the eastern side of Clarence-street eijjhty-three feet two inches northerly from Margaret-street and bounded on the west by said Clarence-street bearing northerly fifty-four feet five inches

one feet seven inches on the east by a line bearing southerly forty- eight feet four inches and on the south by a line bearing westerly seventy-one feet six inches to the point of commencement Together with all the appurtenances unto and to the use of the said Trustees their heirs and assigns for ever as a site for a Parsonage of the United Church of England and Ireland erected in the parish of St. Philip in the City of Sydney aforesaid and known as St. Philip's Church and as and for the residence of the incumbent of the said Church for the time

on the north by Petty's Hote l being a line bearing easterly seventy-

l ime being upon the trust and for the purposes declared in and subject to the provisions of an A c t of the Governor and Legislative Council of the Colony aforesaid passed in the eighth year of the P e i g n of His late Majesty K i n g Wi l l i am the Fourth number five in reference to lands appropriated as sites for dwelling-houses for Clergymen of the Uni ted Church of England and Ireland A n d whereas the said John Alexander Mathews (since deceased) resigned his office as Trustee with the consent of his co-Trustees in Apr i l one thousand eight hundred and seventy-five and the said John Campbell resigned his office in a l i k e manner in or about the month of July one thousand eight hundred and eighty A n d whereas at three several meetings of pew and seat holders of the parish of St. Phil ip aforesaid held pursuant to due notice in that behalf given under the provisions of the said A c t eighth Wi l l i am the Four th number five on the twenty-sixth day of September one thousand eight hundred and sixty-five the twenty- fifth clay of M a y one thousand eight hundred and seventy-five and the second day of Augus t one thousand eight hundred and eighty respectively the said Alexander Stuart Wi l l i am Day and Charles

Moore were respectively duly elected b y the said pew and seat holders
to be Trustees of the said Church of St. Phil ip and of the site of the Minister 's dwell ing and glebe land thereto belonging A n d whereas by section six of the said last-mentioned A c t it is enacted " that the new Trustee to be nominated as aforesaid pursuant to this A c t shall become jo in t ly with the continuing or surviving Trustees or Trustee a Trustee
of the site of the church or chapel or of the Minister 's dwelling burial-
ground or glebe land in respect whereof he shall be so nominated and
that all such deeds and assurances shall be made and executed as shall
be necessary legally to effectuate and complete his appointment as such new Trustee" A n d whereas by an indenture dated the second day
of July one thousand eight hundred and eighty-three made between
the said John Campbell of the one part and. the said Alexander Stuart Wi l l i am Day and Charles Moore thereinafter called the Trustees of the other part the said John Campbell did thereby grant and release unto and to the use of the said Trustees their heirs and assigns all and singular the said parcel of land and premises by the hereinbefore and thereinbefore recited indenture expressed to be granted bargained
sold and released and all other if any the hereditaments and premises

which were then by any means vested in the said John Campbell upon the trusts of the hereinbefore and thereinbefore recited indenture with their rights easements and appurtenances. A n d whereas a parsonage	has been erected on another site in the said parish of St. Phil ip and the	said piece or parcel of land is not required and never will be required
for a site for a parsonage in the said parish of St. Philip and is now
lying vacant and unoccupied A n d whereas under the provisions of an A c t passed in this Colony in the thirtieth year of the reign of Her present Majesty intituled " An Act to enable, the Members of the United Church of England and, Ireland- in New South Wales to manage the Property of the said Church" and of certain constitutions in the said A c t mentioned and referred to the management and disposal of all Church of England property moneys and revenues not diverting any specifically appropriated or the subject of any specific trust nor interfering with any vested rights are placed under the control of the Synod of the Diocese of Sydney A n d whereas the sa ; d Alexander Stuart Wi l l i am Day and Charles Moore arc desirous of granting a lease or leases of the said piece or parcel of land and it is expedient that power be given to them to lease the said piece or parcel of land and to apply the rents and profits to arise from such letting for the benefit of the said parish of St. Phill ip A n d whereas the said objects cannot be obtained without an A c t of the Legislature there being no power of

leasing

leasing the said piece or parcel of land vested in the said Alexander Stuart Wi l l i am Day and Charles Moore Be it therefore enacted by the Queen's M o s t Excel lent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of N e w South Wales in Parliament assembled and b y the authority of the same as follows : —

1. I t shall be lawful for the said Alexander Stuart Wi l l i am Day and Charles Moore or for the Trustees for the time being of the said piece or parcel of land to lease either the whole or any part of the said piece or parcel o f land to any person or persons for any term of years not exceeding fifty years in possession and not in reversion or b y way of future interest so as there be reserved in every such lease the best or most improved yearly rent than can be reasonably obtained to be incident to the immediate reversion without any fine foregift or other payment of like nature for the making thereof and so

that there be contained in every such lease a condit ion of entry b y the

lessor for non-payment of rent or non-obseiwance or non-performance

of covenants by the lessee within a reasonable time to be therein
specified and so that the lessee do execute a counterpart and do thereby covenant for payment o f the rent thereby reserved and be not b y any express words therein made dispunishable for waste Provided always that the said lease or leases shall in every case be subject to the approval of the said Synod of the Diocese of Sydney.

2. The said Alexander Stuart W i l l i a m D a y and Charles Moore

or the Trustees for the time being of the said piece or parcel of land

shall stand possessed of the rents and profits and the annual income thereof upon such trusts and for such ends intents and purposes for the benefit of the said Parish of St. Phil ip as the said Trustees may

from time to t ime with the consent of the said Synod determine.

3. This A c t may be cited as the " St. Philip's Parsonage A c t

of 1 8 8 1 . "