The Petersham Church Grant Act of 1873 No pcg (NSW)

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F itsbbhau

C h TOOH a E A S T , An Act

to

enable

Christopher

Rolleston

Thomas Chaplin Breillat Stephen Camp­ bell Brown and William Crane or other the Trustees of certain Land and Premises in the parish of Petersham near Newtown to sell the same and to provide for the application of the proceeds thereof, \2hth March, 1873.]

Preamble.

TTTH ER EA S by a deed of grant bearing date the twenty-fourth

Y Y

day of Eebruary one thousand eight hundred and seventy-one Her Majesty Queen Yietoria did grant unto Christopher Eolleston Thomas Chaplin Breillat Stephen Campbell Brown and William Crane being respeetively Trustees nominated and appointed under and by virtue of an Act of the Governor and Legislative Council made and passed in the eighth year of the reign of His late Majesty King

'

William the Eourth intituled “ An Act to regulate the Temporal Affairs o f Churches and Chapels o f the United Church o f Ungland

and Ireland in Ne\o South Wales ” and to their heirs and assigns subject to the trusts conditions reservations and provisoes thereinafter contained All that piece or parcel of land containing by admeasure­ ment two roods and fifteen perches be the same more or less situated in the county of Cumberland and parish of Petersham near Newtown commencing on the north-western side of the Newtown Boad at a point where the southern side of Bligh-street meets it and bounded thence on the north by Bligh-street bearing westerly three chains and

eighty-

1873.   36” VIC.

Fetersliam Church Grant.

eighty-six links on the south-west hy a line hearing south-easterly

three chains nineteen links and half of a link to the Newtown

Road and on the south-east hy that road hearing north-easterly four

chains twenty-nine links and half of a link to the point of commence­

ment as per plan in the margin thereof with all the rights and

appurtenances whatsoever tliereto helonging Upon trust for the

erection thereon of a Cl lurch of the United Church of England and

Ireland as hy law established in conformity with the provisions of the

said Act and of a certain other Act of the Governor and Legislative

Council of the said Colony made and passed in the seventh year of

the reign of Ilis said late Majesty King Mulliam the Eourth intituled

An Act to promote the Building o f Churches and Chapels and to

provide for the maintenance of Ministers o f Beligion in New South

Wales ” so far as the same might apply to the trusts of the said

grant and for no other purpose whatsoever And whereas the said

piece of land is inconveniently situated for the erection thereon of a

'

Church for tlic use of the Members of the Church of England who arii residents of Newtown aforesaid and its neighbourhood and Avho as such residents arc interested in the erection of the said Church And whereas the said Christopher Rollcston Thomas Cliaplin Breillat Stephen Campbell Brown and William Crane together with William Gillctt Sedgwick ha\”c been selected hy the Members of the Church of England resident at NeAvtown aforesaid and its neighbourhood to he Trustees for the erection on certain other land part of the CamperdoAvn Cemetery of a Church for the use of the Memhers of the Church of England of the parish of NcAvtoAvn aforesaid And Avhercas the said Church is in course of erection And Avdicrcas tlie said Memhers of the Church of England have applied to the said Christopher Rolleston Thomas Chaplin Breillat Stephen Campbell BroAvn and William Crane as such Trustees of the said piece of land as liereinhcforc mentioned to sell the said piece of land so vested in them as Trustees as liereinhcforc mentioned and to apply the net proceeds arising from such sale toAvards the erection and completion of the said Church so in com’se of erection as aforesaid And AAdiercas the said Christopher Rolleston Thomas Chaplin Breillat Stcplien Camiihell BroAA'n and 'William Crane are Avilling to comply Avith such last- •

mentioned request hut they cannot do so AA*ithout the authority of the Legislature Be it therefore enacted hy the Queen’s Most Excellent Majesty hy and AAith the advice and consent of the LegislatiA'e Council and Legislative Assembly of N cav South Wales in Parliament assembled and hy the authority of the same as folloAVS :—

1 . The said Christopher Rolleston Thomas Chaplin Breillat Trustees to s«ii and

Stephen Campbell BroAvn and William Crane or other the Trustees or Trustee of the said piece of land and premises may sell and dispose of the said piece of land and premises hercinhefore described hy public auction or private contract either in one lot or in several lots as they the said Christopher Rolleston Thomas Chaplin Breillat Stephen Campbell BroAvn and "William Crane or other the Trustees or Trustee of the said piece of land and premises shall think most expedient for such price or prices as can he reasonably had or obtained for the same and may convey the same or any part thereof Avhen sold to the purchaser or purchasers thereof and thereupon the same shall A'cst absolutely in the said purchaser or purchasers his or their heirs and assigns freed and discharged from the said trusts affecting the same And the receipt in Avriting of the said Christopher Rollcston Thomas Chaplin Breillat Stephen Camjihcll BroAvn and 'William Crane or other the Trustees or Trustee of the said piece of land and premises shall absolutely discharge the purchaser or purchasers of the said land or any part thereof from the purchase money payable by him or them and

shall

20

36 ̂ VIC.

1873.

Cohen’s Estate.

shall exonerate him or them from seeing to the applieation of the said purchase money and from all liability as to the misapplication or non­

' application thereof.

Moneys arising from 2. The Said Christopher E-olleston Thomas Chaplin Breillat erecUng and com-*” Stephen Campbell Brown and 'William Crane or other the persons or

pieting Church now pei’son Selling tlic Said piece of land and premises under the power

in course of erection, pgrcinhefore givcn shall stand possessed of all moneys arising fi’om

such sale as aforesaid uj)on trust after paying thereout the costs of obtaining this present Act and all the expenses incurred on the said sale or otherwise in relation to the premises to apply the same in or towards the erection and completion of the said Church now ereciing for the use of ^Members of the Church of England on land part of the said Camperdown Cemetery as hereinbefore mentioned And the receipt in writing of any person to whom any moneys shall be ]>aid under the prorisions of this Act shall be a valid and complete dischai’ge to the persons or person paying the same for such moneys.

Short title.

3. This Act may be cited as “ The Petersham Church Gi’ant

Act of 1873.”

.

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