Tempe Roman Catholic Church Land Sale Act 1914 (NSW)
Tempe Roman Catholic Church Land Sale Act.
TEMPE KOJIAN CATHOLIC
CHURCH LAND SALE ACT.
George V. An Act to vest certain lands situated in the Homan
Catholic Diocese of Sydney in his Grace the Most lieverend Michael Kelly, the liig-ht Eeverend Monsignor Patrick Lewis Coonan, and the Eeverend Patrick Augustine Holland, as trustees ; and to authorise the said trustees to sell and dispose of the said lands and to provide for tlie appropriation of the proceeds thereof; and for jiurposes consequent thereon and incidental thereto, [Assented to, 11th December, 1914.]
| Preamble. | "TT THEIIEAS by an indenture of conveyance bearing |
| VV date the twenty-fourth day of January, in the year of Our Lord one thousand eight Imndred and fifty- nine, and made between Edivard Flood, Esquire, of the one part, and the Most Eeverend John Bede Folding and tlie Venerable John McEncroe, of the other part, the said Edward Flood did com^ey and assure to tlie said Most Reverend John Bede Folding and the Venerable John McEncroe, and their heirs, all that piece or parcel of land described in the First Schedule hereto upon trust as a site for the erection and maintenance of a Roman Catholic Church and priests’ dwelling ; And ■whereas since the date of the said indenture the Vener able John McEncroe and the Most Eeverend John Bede Folding have departed this life and no new or other trustees have been appointed in their place : And whereas it is expedient that new trustees should he appointed of so much of the said land described in the First Schedule hereto as is comprised in the land |
| . | described |
| Tempe Roman Catholic Church Land Sale Act. | 11 |
described in the Third Schedule to this Act, and that George 7 Gregory, the Itcverend Patrick Birch, and the said Michael Gannon, of the other part, the said Michael Gannon did convey and assure to the said Most Beverend John Bede holding, the BiMit llevei’cnd Henry Gri'gory Gregory, and the lieverend Patrick Birch, and Michael Gannon, lisquire, and their heirs, all that piece or parcel of laud described in the Second Schedule hereto upon trust as a site for the ci’ection and main tenance of a Pioman Catholic Church and ]iriests’ dwell ing house ; And whereas afterwards the said lieverend Patrick Birch, being then the sole trustee, and being desirous of hidug discharged from the trusts of the said indenture of the twentieth day of September, one thousand eight Imndred and seventy, by deed hearing date the tliiitieth day of Scptemlier, one thousand nine hundred and twelve, in exercise of every power in anywise enabling him so to do, did appoint the Most Pi.evcrcnd Michael Kelly, the Plight lieverend Monsignor Patrick Louis Coonan, and the lieverend Patrick Augustine Holland to he trustees of the said indenture of the twentieth day of Septemhci’, one thousand eight hundred and seventy, and did convey and assure the said land unto the said Most lieverend Michael Kelly, the llight lieverend Monsignor Patrick Lewis Coonan, and the Beverend Patrick Augustine Holland, and their heirs, upon the trusts subject to which the same ought to be held hy virtue of the indenture of the twentieth day of September, one thousand eight hundred and seventy, and so much of the said land as is comprised in the land described in the Third Schedule to this Act accordingly became and is v(‘stcd in the said Most Beverend Michael Kelly, the Bight Beverend Monsignor Patrick Lewis Coonan, and the Beverend Patrick Augustine Holland : And whereas all the right, title, and interest of the aforesaid gi'antees
such land as aforesaid should he vested in such
new trustees : And whereas hy another indenture of
conveyance hearing' date the twentietli day of September,
in the year of Our Lord one thousand eight hundred and
seventy, and made between Michael Gannon, Esquire,
of tin,' one part, and tlie Most lieverend John Jledc
to
- Tempe Roman Catholic Church Land Sale Act.
I Q«orge V. to the land, described in the First and Second Schedules
to this Act, except so mucli of the same as is descrilied in the Third Schedule to this Act, has been destroyed hy the adverse possession of divers persons : And wliereas a Roman Catholic school church has been built on portion of the land described in the Third Schedule to this Act, and the remaining portion of the said land so described has been used in conjunction therewith, hut the settlement in the district has so altered the conditions of the Roman Catholic parish of Tempe that it lias been found tliat the said land has ceased to he suitably situated for the purposes for which it was granted : And whereas anotlier piece of land in the said parish in a more suitable situation as a site for a Roman Catholic church and priests’ dwelling has been purchased,and the RomanCatholic church known as Saint Peter and Saint Paul and a priests’ dwelling-house have been erected thereon, and a debt exists upon the said land and buildings : And whereas the land described in the Third Schedule to this Act is not now required for the purposes for which it was granted, as the said Roman Catholic church of Saint Peter and Saint Paul is in its immediate vicinity, and it has accordingly become desirable that the said laud should he sold and that the proceeds to arise from such sale should he applied in and towards the reduction of the debt on the Roman Catholic church of Saint Peter and Saint Pau l: And whereas it is expedient that the said land described in the Third Schedule to this Act should be vested in his Grace the Most Reverend Alichacl Kelly, the Right Revei’end Monsignor Patrick Lewis Coonan, and the Reverend Patrick Augustine Holland upon the trusts hereinafter declared in this A c t: Be it therefore enacted hy the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South "VLales in Parliament assembled, and by the authority of the same, as follows :—
| Short title. | 1 . This Act may he cited as the “ Tempe Roman Catholic Church Land Sale Act, 1914.” |
Vesting of the 2 . Froiu and after the passing of this Act the land
criheV̂ ifthe described in the Third Schedule hereto shall bt; deemed
| Schedule | Third and taken to be vested in His Grace the Most Reverend | |
|
| T ^ p e Roman Catholic Church Land Sale Act. | 13 |
Kelly, tlie Right lieverend Monsignor Patrick George V.
Lewis Coonan, and the Reverend Patrick .Viigustine Holland, as the trustees oi' this Act, their heirs and assigns, for an (‘state in fee simple as joint T('nants.
3. I t shall h(‘ lawful for the said Most R everend Ai ihority
| Michael Kelly, tin* Right Reverend Monsignor Patrick | tile land* |
Lewis Coonan, and the Reverend Patrick A u g u s t i n e ‘u
Holland, as such trustees as aforesaid, their heirs or sl'ieauie.
assigns, to sell and dispose of the said land described in
the Third Schedule hereto, by jiublic auction or by
private contract, and either in one lot or in several
lots as they shall deem expedient, i’or such jiricc
or prices as can Ik' reasonably obtained for the
same, and to convey and assure the same or any part or
parts thereof wlu'n sold to tin- purchaser or purchasers
thereof in fee simph' freed and discharged from all
trusts in any way alfecting the said lands.
4. The receipt of the said Most Reverend M ichael H(*eipt to b
Kelly, the Right Reverend Monsignor Patrick Lewis Coonan, and the Rev(‘rend Patrick Augustine Holland, as such trustees as aforesaid, their heirs or assigns, for the ])urchasc moiu'ys arising from the sale or sales of the said lands shall be sutUcient discharge to the pur chaser or purchasers thereof, and shall wholly exonerate him, her, or them from seeing to the application of the said moneys, and from all liability in respect of the misapplication or non-application thereof.
5. Tiie said trustees, their heirs or assigns, shall stand Application
possessed ot t\w moneys m*ising trom sucli sale or sales as aforesaid u])on trust to apply the proceeds thereof in or towards the reduction of the debt on the Roman Catholic Church of Saint Peter and Saint Paul in the parish of Tempe, and upon and subject to no other trusts or provisions whatever.
SCHEDULES.
Temps Roman Catholic Church Land Sale Aot.
| George V. | SCUEDULES. |
| F IR S T | S C H E D U L E . |
^ \ll tliiit piece or parcel of land situate in the village of Tempe, parish of Petersham , county of Cum berland and Colony aforesaid, being lots. 1), 10, 11, IJ , and 13 of section lt< on a plan of the said village and bounded as follows : Commencing a t a mark on the north side of Unwin- •street a t the south-west corner of lot S ; and bounded on the east by lo t 8, being a lino bearing north 00 f e e t; on the north by a line bearing west 150 fe e t; on the west by lot 14, being a line bearing south to U nw in-sireet 90 fee t; and on the south by U nw in-street, being a line bearing east 150 feet, to the point of commencement.
| SECO ND | S C H E D U L E . |
All t i n t piece or parcel of land situate in the parish of Petersham , ci'Unty of Cumberland, and Colon}'of New South Wales : Commencing a t a m ark a t the north-east corner of lot 9 of the village of Tempe, section 18; and bounded on the east by a line being north 30 fee t; on the north by property belonging to iVlichael Gannon, being a line bearing west 150 fe e t; on the west by a line bearing south to the no rth west corner of lot 13 of the said village of Terr.pe 30 fee t; and on the south by the north boundary line of lots 13, 12, 11, 10, and 9 of the village of Tempe aforesaid dividing the land now being described from U nw in-street, being a line bearing cast 150 feet, to the point of commencement.
| T H IR D | S C H E D U L E . |
All th a t piece of land situated a t Tempe in the m unicipality of St. Peter-, parish of Petersham , county of Cumljcrland, being lots 10, 11, 12, and 13, and p art of lot 9, section 18, village of Tempe, and also p art of the land comprised in conveyance No. 613, book 121 : Com mencing on the north-eastern building line of S tation (late U nw in) street a t the westernm ost corner of land included in Real P roperty A ct application 15,832 ; and bounded thence on the south-west bv the building line of S tation-street aforesaid bearing north-westerly 123 feet 10 inches ; on the north-west by a line partly forming the boundary between lots 13 and 14, and bearing north-ea.sterly 104 feet 11, inch to th e south-western boundary of land included in Real P rojterty A ct application 8,794 ; on the north-east by p art of th a t boundary, being a fenced line bearing south-easterly 137 feet 10 inches to the northernm ost corner of land included in Real P rojierty A ct ajijdication 15,832 afore said ; and on the south-east by the north-western boundary of th a t land, being a fenced line bearing south-westerly 105 feet 81 inches, to the
| point of commencement. | - |
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