Surry Hills Church and School Site Act 1855 No shc (NSW)

to enable the Trustees of certain Lands at the Surry Hills granted upon Trust for the erection thereon of a Church Parsonage and School-house in connection with the Cliurch of England to sell the said Lands and to apply the proceeds thereof in or towards the pur­ chase of other Lands more eligibly situated and the erection or completion of a Church Parsonage and School-house in the same District. [13̂ /i December, 1855.]

Preamble. 'Y^THEUEAS by three several i^raiits dated respectively the twenty-

seventh day of October one thousand eight hundred and fifty- five the pieces of land described rcsjiectively in Schedules A B and C hereto were granted by the Crown in fee to Henry Luinsdaine Erederick Charles Ede and George Henry llowley upon trust in manner therein respectively mentioned—as to the land in Schedule A for the erection thereon of a church of the United Church of England and Ireland as by laAV established—and as to the land in Schedule B for the erection thereon of a sehool-house in connection with the same United Church—and as to the land in Schedule C for the apj)ropria- tion thereof as the site of a dwelling-house garden and other appurte­ nances for the clergyman duly appointed to officiate in the church hereinafter mentioned And whereas the said three several pieces of land are situated in the parish of Alexandria and in the district of the Surry Hills and a church of the said United Church called and known as Saint Michael’s is already in course of erection for the said district upon a more eligible site which has been purchased by means of a donation given by James John Biley Esquire and whereas the pieces of land in the Schedules B and C are not eligibly situated for the purpose of erecting thereon respectively a school-house and clergyman’s residence Be it therefore enacted by His Excellency the Governor of New South Wales by and with the advice and consent of the L^islative Council thereof as follows—

T T

Power to sell and	1.	It shall be lawful for the said Henry Lumsdaine Erederick
convey the lands.

Charles Ede and George Henry Bowley or the survivors or survivor of them (hereinafter styled “ The Trustees ”) to sell and dispose of the said several lands or any of them or any part thereof respectively by public auction or private contract in one lot or in several lots and subject to any conditions or stipulations as to title or otherwise with full power to the Trustees to buj ̂ in any lot at any auction and to rescind or  ary any contract for sale and to re-sell the land so bought in or comprised in any such contrard without being answerable for any difference or loss thereby occasioned and to convey the land so sold to

the

1855. 19 VIC. 461

Snrri/ Hills Church and School Site.

the purcliasor ilicvc'of ol- as he shall (limit and upon the execution of any such conveyance the land and hereditaments therein com|)riscd with their ap])urtcnanees shall vt'st al)solutcly according to the limitations therein cx])ressed freed and discharged from the trusts miw subsisting.

2 . All ])urchase money to arise from any such sale shall he paid I’locccds of saio to

to the Colonial Treasurer to the credit of the MTustecs and every r(H;cij)t given by the Colonial Treasurer to any jmrehaser in respect of his purchase money shall be a sulTicient discliargc for the amount therein spccilied and shall exonerate sucli purchaser from all liability as to the a])])lication tlu'reof.

3. I t shall be lawful for the Trustees to appropriate tlu; net proceeds of any and eveiy such sale as follows namely as to the net ])rocccds of any salt; of the land in Schedule in or towards com- j)lcting the said (;hurcli called St. Michael’s and as to the lu't proceeds of any sale ol'the lands in Schedules 15 and C respectively in the purchase of otlu'r lands to be held u[)on the like trusts respectively and in or towards ('i’(!cting thereon r('s])C(!tively a school-house and clergyman’s (•('sidcnce and it shall be lawful for the Trustees to defray out of any such ])Lirchase moneys all reasonable ('xpenscs of and about tlui obtaining of this A d and the execution of tlie trusts and the drafts of tlu' 'Trustees or any two of them purporting to be for any such purpose shall In; a suflicient discharge to the Colonial Treasurer for every sum therdn respect ively mentioned and paid by him in pursuance tlun-cof resp(!ctively and tin; Colonial Treasurer shall not be responsible in respect of the application of any money so paid by him u])ou any such draft. .

SCHEDULES.

A.

All that piece or parcel of land in the territory of New South Wales containii>[i: hv adiiicasureinent one acre be the same more or less situated in the county of Cumberland and parish of Ale.xandria at the Surry Hills city of Sydney allotment number one of .section nninhcr three commencing at the south-east intersection of Howling-street with Alhioii-.' t̂rect and bounded on the we.st by the cast side of Howling-street bearing south sixteen minutes west two chains thirteen links and one half link on the south by the north boundary of the parsonage allotment and its easterly prolongation being a line in all bear­ ing cast sixteen minutes south four chains eighty-ono links to Selwyn-strect on the east by the west side of Selwyn-stn.-et bearing north two chains six links to Albion-strcct and on the north l>y the south side of Albion-strect bearing west one degree five minutes north four chains eighty links to its intersection with Howling-.stroot aforesaid.

B .

All that piece or parcel of land in the territory aforesaid containing fey admeasure­ ment two mods be the same more or less situated in the county of Cumberland and parish of Alexandria at the Surry Hills city of Sydney allotment number one of section number two commencing at the north-east inter.scetion of Howling-street with Albion-strect and bounded on the west by the east side of Howling-street bearing north sixteen minutes cast two chains eighteen links on the north by a line bearing east sixteen minutes south two chains twenty-eight links to a lane twenty-five links wide on the cast by the west side of that lane bearing .«outh sixteen minutes west two chains twenty-one links and one half link to the north side of Albion-strect and on the south by that street bearing west one degree five minutes north two chains twenty-nine links to its intersection with Howling-street aforesaid.

C.

462 19'’ VIC. 1855.

JPyrmont Bridge Company.

All that piece or parcel of land in the territory aforesaid containing by admeasure­ ment two roods be the same more or less situated in the county of Cumberland and parish of Alexandria at the Surry Hills city of Sydney allotment number two of section number throe commencing on the east side of Dowling-stroet at the south-west corner of the Church of England church allotment and bounded on the west by Dowling-street bearing south sixteen minutes west one chain fifty-three links on the soutli by a line bearing cast sixteen minutes south three chains thirty links on the east by a line bearing north sixteen minutes cast one chain fifty-three links to the south boundary of the cliurch allotment and on the north by part of that boundary line bearing west sixteen minutes north three chains thirty links to the south-west corner of the allotment at Dowling-street as aforesaid.