Yass School House Trust Act 1849 No ysh (NSW)

An Act to enable the Trustees of the Site of the intended School House at Yass in connection with the United Church of England and Ireland to sell and dispose of the same for the purpose of purchasing other Land in a more suitable situation to erect a School

House thereon. [5th September, 1849.]

WHEREAS by letters patent bearing date on or about the

eighteenth day of June one thousand eight hundred and forty- two under the hand of His Excellency Sir George Gipps late Governor of I lie Colony of New South Wales and under the Seal of the said Colony Her present Majesty Queen Victoria did grant unto John Richard Hardy .James Manning James Burleigh Sharpe and Hamilton Hume Esquires their heirs and assigns for ever in trust for the erection thereon of a School House in connection with the United Church of England and Ireland all that piece or parcel of land in the Territory of New South Wales containing by admeasurement two roods be the same more or less situate in the county of Murray and parish unnamed town of Yass bounded on the north-west by two chains of the south­ east side of Rossi-street bearing south-west commencing at the north corner on the south-west by a line bearing south-east two chains and fifty links on the south-east by a line bearing north-east two chains on the north-east by two chains and fifty links of the south-west side of Conner-street bearing north-west to the north corner aforesaid advertised as number thirty-one in the Government notice dated eighth February one thousand eight hundred and forty-two And whereas the said James Manning and James Eurleigh Sharpe having resigned their office as such Trustees as aforesaid John George Lewellyn Williams and John Stiles Esquires were duly appointed Trustees in their stead And whereas it is found that the said piece or parcel of land is not so suitable for the site of a school house as one that can be purchased by the said Trustees in the immediate vicinity of the intended church in connection with the United Church of England and Ireland at Yass And whereas it is expedient that the said John Richard Hardy Hamilton Hume and John George Lewellyn Williams and John Stiles should be enabled to sell the said piece or parcel of land and out of the proceeds thereof to purchase other land in a suitable situation as a site for the said intended school house And whereas it is expedient to remove all doubts as to the persons in whom the; legal estate; of the; said piece or parcel of land so granted as aforesaid is now vested Be it therefore declared and enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative; Council thereof That from and after the passing of this Act the legal estate; in the said piece or parcel of land so granted as aforesaid shall be deemed and taken to be vested in the said John Richard Hardy Hamilton Hume John George Lewellyn Williams and John Stiles.

2. And be it enacted That from and after the passing of this Act it shall be lawful for the said John Richard Hardy Hamilton Hume John George Lewellyn Williams and John Stiles to sell and dispose of the said piece or parcel of land so granted as aforesaid either by public auction or private contract for such a price as can be rea­ sonably had or obtained for the same and when sold to convey the same

same to the purchaser or purchasers thereof freed and absolutely dis­ charged from the trusts of the hereinbefore in part recited letters patent.

3. And be it enacted Thai the receipt of the said John Richard Hardy Hamilton Hume John George Lewellyn Williams and John Stiles for the money to arise from the sale of the said piece or parcel of land shall be a sufficient discharge to the purchaser or purchasers thereof and shall wholly exonerate him or them from seeing to the application thereof and from all liability as to the misapplication or non-application thereof.
4 And be it enacted That from and after the passing of this Act it shall be lawful for the said John Richard Hardy Hamilton Hume John George Lewellyn Williams and John Stiles to contract for the purchase of such a piece or parcel of land in the said town of Yass as they may deem suitable for the site of the said intended school house so as such piece or parcel of land be conveyed to them the said John Richard Hardy Hamilton Hume John George Lewellyn Williams and John Stiles their heirs and assigns upon the same trusts as are contained in the hereinbefore in part recited letters patent Pro­ vided however that the difference if any (after deducting the expenses incurred in that behalf) between the sum received from the sale of the land hereby authorized to be sold and the sum to be paid for the land hereby authorized to be purchased shall be held and applied by the said Trustees towards the erection of the said intended school house.

5. Provided always and be it enacted That nothing in this Act contained shall be deemed to affect or apply to any right title or interest of Her Majesty Her Heirs or Successors or of any body or bodies politic or corporate or of any other person or persons excepting such bodies politic or corporate and other person or persons as are mentioned in this Act or of those claiming from or under her him or them.

6. And be it enacted That this Act shall be deemed and taken to be a public Act and shall be judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded.