The Bible Society's Act of 1878 No bsa (NSW)
An Act to enable the Trustees of a certain parcel of Land situate in York-street in the City of Sydney in the Colony of New South Wales granted for a site for a Hall
or Building' to be used by the New South
Wales Auxiliary Bible Society to sell and dispose of the said Land and to provide for the appropriation of the proceeds thereof.
[17th April, 1878.]
hundred and seventy-six under the hand of His Exce l l ency Sir Hercules WH E R E A S a deed poll or grant f rom the Crown hearing date the twenty-ninth day of Apri l anno domini one thousand eight George Rober t Robinson the Governor for the time being of the Colony of N e w South Wales and under the seal of the said Colony as set forth in the Schedule hereto Her Most Graciotis Majesty did grant unto
George W i g r a m Al len Ewan Wal lace Cameron and George Eoster W i s e and their heirs all that piece or parcel of land and hereditaments specified or described in the said grant with all the rights and appurtenances thereto belonging to hold unto the said George W i g r a m
Al len Ewan Wal lace Cameron and George Eoster W i s e and their heirs for ever yielding and paying therefor yearly and every year the quit
rent of one peppercorn on demand subject to the conditions reservations and provisoes thereafter mentioned and upon and for the trusts intents and purposes thereinafter declared of and concerning the same that is to say upon trust to use the said land as a site for a hall or building to be used by the Society or Association called or known as " The N e w South Wales Auxi l iary Bible Socie ty" and for no other use or purpose whatsoever A n d whereas the said Ewan Wal lace Cameron departed
this life on or about the twenty-fifth day of M a y anno domini one thousand eight hundred and seventy-six A n d whereas it has been deemed expedient by the committee of the said Society or Association
that the said trustees and the survivor of them or other the trustees or trustee for the time being of the said land or a majority of them should
have power to sell and dispose of the said land and hereditaments and to apply the proceeds arising from such sale in or towards the purchase
of another parcel of land in Sydney aforesaid in a more suitable position and in the erection thereon of a hall or building A n d whereas the said land cannot be sold without the authority o f an A c t o f Parliament
B e it therefore enacted by the Queen's Most Excellent Majesty by and with
with the advice and consent of the Legislative Counci l and Legislative
Assembly of N e w South Wales in Parliament assembled and by the
authority of the same as follows : —
1. It shall be lawful for the said George W i g r a m Allen and
George Poster W i s e or the survivor of them or other the trustee or
trustees for the time being or for a majority of them to sell and
dispose of the land comprised in the hereinbefore recited grant either
by public auction or private contract either in one lot or in several lots
as the said George W i g r a m Allen and George Poster W i s e or the survivor of them or other the trustee or trustees for the time being or a majority of them may think most expedient for such price or prices as may be reasonably had or obtained for the same and upon such terms and conditions o f sale as the said George W i g r a m Allen and George Poster W i s e or the survivor of them or the trustee or trustees
for the t ime being or a majority of them may deem expedient with
power to buy in the said land or any part or parts thereof at any auction sale or to rescind or vary the terms of any contract for sale without being responsible for any loss to be occasioned thereby and when sold to convey and assure the said land or any part or parts thereof in fee simple to the purchaser or purchasers thereof respectively his her or their heirs and assigns freed and discharged from all or any of the aforesaid trusts affecting the same.
2. The receipt of the said George W i g r a m Allen and George
Poster W i s e or the survivor of them or other the trustees or trustee for the time being of the said land or of a majority of them for the money to arise from such sale or sales of the said piece or parcel of land or any part or parts thereof shall be an effectual and absolute discharge to the purchaser or purchasers thereof and shall wholly exonerate h im her or them from seeing to the application thereof and from all liability as to the misapplication or nonapplication thereof.
3. I t shall and may be lawful for the said George W i g r a m Al len and George Poster W i s e or the survivor of them or the trustee or
trustees for the time being or a majority of them to allow any purchaser
or purchasers of the said parcel of land and hereditaments or any part
or- parts thereof credit for any part of his her or their purchase money upon such terms as to interest or otherwise as the said
George W i g r a m Al len and George Poster W i s e or the survivor of them
or the trustees or trustee for the t ime being or a majority of them may deem reasonable and proper Provided that such parcel of land or part or
parts thereof shall remain uneonveyed or shall be rendered a security
| as shall remain unpaid together with interest thereon until payment | by charge mortgage or otherwise for so much of the purchase money |
| thereof the lien of the said George W i g r a m Allen and George Poster W i s e and the survivor of them or the trustees or trustee for the time being as vendor continuing notwithstanding any arrangement as to other security for the purchase money or any part thereof remaining unpaid. |
4. The said George W i g r a m Al len and George Foster W i s e and
the survivor of them or other the trustees or trustee for the time being shall stand possessed of all moneys arising from such sale or sales upon trust (after paying thereout all the costs and expenses of and incidental to obtaining this A c t and the expenses incurred in and about such sale or sales) in the first place to apply the same in or toward the purchase of land and premises in the said City of Sydney in such a position for such price and upon such terms as the committee for the time being of the said Society or a majority of the members of such committee present at a meeting thereof convened by the secretary or secretaries of the said Society upon not less than one week's notice by advertisement in one or more of the newspapers published in Sydney aforesaid shall determine and in the next place
to
to apply the remainder o f such moneys (if any) in or towards the
erection upon the said land so purchased as aforesaid o f a hall or
building or the improvement of any building then being thereon.5. The land and premises which shall be so purchased shall be conveyed and assured to and remain vested in the said George W i g r a m Al len and George Foster W i s e or the trustees or trustee for the t ime
being as aforesaid upon the same trusts and subject to the same powers
and provisions as are expressed in the hereinbefore recited deed ofgrant in respect of the land therein described except so far as the said
trusts powers and provisions are altered or enlarged by this A c t .
6. This A c t may be styled and may be cited as " The Bible
Society's A c t of 1878.'' '
SCHEDULE HEREINBEFORE REFERRED TO.
NEW SOUTH WALES.
No. 76/99. Land Grant Register Book vol. 259 folio 2. Grant of Land as the site for a Bible Hall under sec. 5 of the " Crown Lands Alienation
Act of 1861."
VICTORIA by the Grace of God of the United Kingdom of Great Britain
and Ireland Queen Defender of the Eaith and so forth.
To all to whom these Presents shall come, Greeting :
W H E R E A S a certain society or association called or known as " The New South Wales
Auxiliary Bible Society" hath been for some time back established in our said ColonyAnd whereas His Excellency Sir Hercules George Robert Robinson Knight Grand
Cross of the Most Distinguished Order of Saint Michael and Saint George Governor and Commander-in-Chief of the Colony of New South Wales and its Dependencies and
Vice-Admiral of the same with the advice of our Executive Council of our said Colonyhath determined that it is desirable for the public interest that the land hereinafter
described shall be dedicated as the site for a Hall for the said society or association and shall be granted unto George Wigram Allen of Sydney in the said Colony Esquire Ewan
Wallace Cameron of Balmain in the said Colony Esquire and George Eoster Wise
of Sydney aforesaid Esquire and their heirs upon the trusts with the powers and subject to the conditions hereinafter mentioned Now know ye that we of our special grace with the advice of our Executive Council of our said Colony and in consideration of the quit-rent hereinafter reserved have granted and for us our heirs and successors do hereby grant unto the said George Wigram Allen Ewan Wallace Cameron and George Foster Wise and their heirs all that piece or parcel of land in our said Colony containingby admeasurement eight perches be the same more or less situated in the county of
(Cumberland parish of St. Phillip city of Sydney at Barrack Square allotment five of section
two commencing on the western building-line of York-street at the north-eastern corner of
allotment four and bounded thence on the east by that building-line bearing northerly
twenty-eight feet on the north by the southern boundary-line of allotment six westerly
at right angles to York-street eighty feet to a lane twenty feet wide, on the west by that lane southerly parallel with York-street twenty-eight feet and on the south by the northern boundary-line of allotment four as aforesaid easterly at right angles to York- street eighty feet to the point of commence ment as per plan in the margin hereof with all rights and appurtenances thereto belong ing to hold unto the said George Wigram Allen Ewan Wallace Cameron and George Foster Wise and their heirs for ever yielding and paying therefor to us our heirs and suc cessors yearly and every year the quit rent of one peppercorn on demand subject to the conditions reservations and provisoes herein after mentioned and upon and for the trusts intents and purposes hereinafter declared of and concerning the said land that is to say—upon trust to use the said land as the site for a hall or building to be used by the said society or association called or known as the New South Wales Auxiliary Bible Society
Scale-One chain or sixty-six feet to an inch. and for no other use or purpose whatsoever
Provided
Provided always and it is hereby declared that it shall or may be lawful for 1 he committee
for the time being of the said society or any four of the said committee with the presi
dent treasurer and secretaries or secretary for the time being to make all any or every such rules and regulations for the use of the said land or any part thereof or for the management of any building or buildings that may be erected thereon and to vary or alter the same from time to time as such committee may think fit for any of the purposes of the said society or association Provided always and these presents are upon the express condition that if the said land hereinbefore described or any part thereof shall be used for any other purpose than is hereinbefore provided or declared in and by the said trusts the said trusts shall cease and the said land shall be forfeited and revert unto us our heirs and successors and these presents and every matter and thing herein contained shall cease and determine and become absolutely void to all intents and purposes And it shall be lawful for us our heirs and successors by our Governor for (lie lime being of our said Colony or some person by him authorized in that behalf to re-enter upon the said land or any part thereof and the said grantees and their successors therefrom wholly to remove Provided always that in case of any vacancy in the office o f trustee by death resignation or any other cause whatsoever it shall be lawful for four
or more of the members for the time being of the said committee and the president
treasurer and secretary or secretaries for the time being as aforesaid to appoint some other person or persons to the said office and immediately after such appointment the said lands and premises shall be conveyed to and vested in such new trustees or trustee either alone or jointly with the remaining or continuing trustees or trustee as the case shall require and such new trustee or trustees shall have the same power and authority as if he or they had been originally named trustee or trustees in these presents.
In testimony whereof we have caused this our grant to be sealed with the seal of
our said Colony.
Witness our trusty and well-beloved Sir Hercules George Robert Robinson Knight Grand Cross of our Most Distinguished Order of Saint Michael and Saint George Governor and Commander-in-Chief of our Colony of
New South Wales and its dependencies and Vice-Admiral of the same at
Government House Sydney in New South Wales aforesaid this twenty- ninth day of April in the thirty-ninth year of our reign and in the year of our Lord one thousand eight hundred and seventy-sis.
HERCULES ROBINSON.
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