West Maitland Church Land Act 1861 No wmc (NSW)

578 24:^ VIC. 1861.

West M aitland Church Land.

ANNO V ICESIM O QUAETO

victoria: regina:.

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cwûhTanT All Act to enable the Lord Bishop of Newcastle as Trustee of certain Land situated in the Town of West Maitland to sell the said Land and to provide for the appropriation of the

Proceeds of such Sale. \lth May, 1861.]

Preamble.	W f HERE AS by a deed of grant bearing date the nineteenth day of
W
September one thousand eight hundred and forty-two Her Majesty Queen Victoria did grant unto the Right Reverend William Grant Broughton Doctor of Divinity Bishop of Australia for the time being George Hobler and Henry Incledon Pilcher being respectively Trustees nominated and appointed under and by virtue of an Act of the Governor and Legislative Council of New South Wales made and passed in the eighth year of the reign of His late Majesty King William

Grant 11) September

1«42.

y Wra. 4 No. 5.	the Eourth intituled “ An Act to regulate the Temporal Affairs of
“ Churches and Chapels o f the United Church o f England and Ireland
“ in New South Wales’’' and to their heirs and assigns subject to the
trusts conditions reservations and provisoes therein contained All that piece or parcel of land in the Colony of New South Wales con­ taining by admeasurement two acres be the same more or less situated in the county of Northumberland and parish of Maitland town of West Maitland commencing at the eastern extreme of the north boundary line of H. C. Sempill’s allotment of Gvo acres and twenty perches and bomided on the south by that boundary line bearing west six chains and thirty-four links on the south-west by a line bearing north thirty-nine degrees west four chains and twenty links on the north by an east line of seven chains and twenty-five links to Hunter’s River and on the east by Hunter’s River downwards to the eastern extreme of the north boundary line of H. C. Scmpill’s allotment aforesaid with all the rights and appurtenances whatsoever thereto belonging to hold unto the said Bishop of Australia or the Bishop of Australia for the time being George Hobler and Henry Incledon Pilcher and to their heirs and assigns for ever yielding and paying therefor yearly the quit rent or sum of one farthing for ever if demanded Upon trust for the erection thereon of a church of the United Church of England and Ireland as by law cstabhslied and also for the site of a school-hous(! in connection with the said church and also for a parsonage for the clergyman duly licensed for the said church in conformity with the provisions of the said Act and of a certain other Act of the Governor and Legislative Council of New South Wales aforesaid made and passed in the seventh year of the reign of His said late Majesty King William the Eourth intituled
7 Wm. 4 No. 3.	“ A n Act to promote the building o f Churches and Chapels and to pro-
“ vide fo r the maintenance of Ministers of Iteligion in Neto South Wales” so far as the same might apply to the trusts of the now reciting grant and for no other purpose whatsoever And Avhereas Her Majesty did

18G1. 24:̂ VIC. 579

West Maitland Chuo'ch Land.

by certain letters patent under the Great Seal of the United Kingdom of Great Britain and Ireland bearing date the twenty-fiftb day of Juno in the year one tliousand eight hundred and forty-seven erect found ordain and constitute all those parts or portions of tlie said Colony of New South Wales known or calk'd by the names of the counties of Northumberland Hunter Durham Brisbane Phillip Bligh Gloucester Mac(piarie and Stanley with the. territory to the north and w(!st bounded by the twenty-first parallel of latitude and the one Ivundrcd and ibrty-first degree of east longitude to be a liishop’s Sc(̂ and Diocese and to be called from henceforth tlie Bisliopriek of Newcastle And whereas by an Act of Parliament of New South Wales made and passed in the twenty-second year of the reign of Her Majesty Queen Vidoria intituhid '■‘■An Act to remove doutits respecting the vesting o f certain

“ Ijands situated ^oithin the Dioceses o f Sgdne?/ and Newcastle respec-

“ tivelg which loerc formerly vested in the Bishop o f Australia'" it was

(macted that all lands tem'inents lun'C'.ditaments situate within the limits of the Bishoprick of Sydney whicli on the twenty-fifth day of J une in the year one thousand eight hundred and forty-seven were vcsttal in tbe Bishop of Australia should bo and be deemed and taken to have been from that date vested in the Bisho]> of Sydney and his successors by whatever name he shall bo called or known either solely or jointly with the otlu']' persons associated with the said Bishop of Australia as th(̂ case might be and should be bold by such Bishop and his successors either solely or jointly with such other persons ujjon and for the; like trusts and purposes as the same were held by the said Bishop of Australia And all lands tenements and hereditaments situate Avithin the limits of the Bishoprick of Newcastle which on the said twenty-fifth day of June in the year one thousaud eight hundred and forty-seven were vested in the said Bishop of Australia should be and be de(!med to have been from that date vested in the Bishop of Newcastle and his successors by whatever naim ̂he should be called or known either soh'ly or jointly with the other persons associated with the said Bishop of Australia as the case might be and should be held by such Bishop and his successors (dther solely or jointly with such other persons uy)on and for the like trusts and purposes as the same were held by tbe said Bishop of Australia And whereas the said George Hobler has by reason of his al)senc(! from tlie said Colony for several years become disqualifual to be ad’rust(!{? of tlie said land and the said Hi'nry Inchalon Pilcher has (h'parted this life And wliercas since the issuing of the said recited grant the said parisli of Maitland in wliich tlui said piece or parcel of land is situated as liereinbcforc mentioned has bec'n divided for ecclesiastical ymrposes into two parishes or districts known by the names of Saint Mary and Saint Paul r(!spectiv(dy And Avhercas a church and a parsonage and school-house in connection therewith have been erected in the said parish or district of Saint Mary but which is now in so dilapidated and dangerous a condition that it has by reason thereof b(;come nec(!ssary to erect a neiv church in the said parish or district and the same is noAV in course of ei-ection and pecuniary means are required for that purpose And udicrcas a church and a parsonagi; in connection therewith have been erected in the said parish or district of Saint Paul and a considerable amount of debt has been incurred in such erection And whereas it is expedii'iit under the circumstances aforesaid that the said ph'ce or parcel of land should be sold and that the proceeds to arise from such sale should be applied in equal shares and proportion for the benefit of the said parishes or districts of Saint Mary and Saint Paul respectively and in the first place in and towards the erection of the said church in the said parish or distriid of Saint Mary and in the jiayment of the said debt so incurred in erecting llu' said church and parsonage in the said parish or district of Saint Paul as

, hereinlx'fore

580 24*̂ VIO. 1861,

Wilson's Trustees.

hereinbefore mentioned Be it therefore enacted hy the Queen’s Most Excellent Majesty hy and with the advice and consent of the Legis­ lative Council and Legislative Assembly of Xew South Wales in Parliament asscmliled and hy the authority of the same as follows—

Lord Bisliop of New­

1. From and after the passing of this Act the said piece or parcel of land shall he vested in the Lord Bishop of Newcasth; and his successors and it shall he lawful for the said Lord Bishop of Newcastle and his successors to sell and dispose of the said piece or parcel of land hy public auction or private contract and cither in one lot or in several lots as the said Lord Bishop of Newcastle and his successors shall think most expedient for such price or prices as can ho reasonably had or obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers thereof and there­ upon the same shall vest absolutely in the said purchaser or purchasers his or their heirs and assigns frc'ed and discharged from the said trusts affecting the same and the receipt in writing of the Lord Bishop of Newcastle and his successors for the time being shall absolutely discharge the purchaser or purchasers of the said land or any part or parts thereof from the purchase money payable by him or them respectively and shall exonerate him or them from seeing to the application of the said purchase money and from all liability as to the misapplication or nona])plication thereof.

sell land.

castle authorized to

Application of 2. Tlic Said Lord Bishop of Newcastle and his successors shall

proportions between staud posscsscd of all moucys arising from any and every sale or sales

the pai ishes of Saint aforesaid upon trust to pay and apply the same in equal shares and

aiyaii am a n . between tlic Said parishes or districts of Saint Mary and Saint Paul respectively in and towards the erection of the said church in the said parish or district of Saint Mary and in discharging the said debt so incurred in erecting the said church and parsonage in the said parish or district of Saint Paul as hereinbefore mentioned and to apply the remainder of the said moneys if any which shall not be required for the purposes aforesaid in or toAvards any other purposes in connec­ tion with the said parishes or districts of Saint Mary and Saint Paul respectively in equal shares and proportions and in such manner as the said Lord Bishop of Newcastle or his successors shall determine And the’receipts of any person or persons to AAdiom any moneys shall be paid under and in pursuance of this Act shall be a complete and \ alid discharge to the said Lord Bishop of Newcastle and hiS successors for such moneys.