New South Wales: Cooma Church of England Lands Sale Act of 1888 52 Vic (NSW)

1888. 52° VIC. Cooma Church of England Lands Sale. An Act to authorize and empower Robert Dawson, the surviving Trustee of certain Church of England lands at Cooma, in the Colony of New South Wales, purchased from the Crown for the Church of En gland, at Cooma aforesaid, to sell the said "lands and to provide for the application of the proceeds thereof. [24th July, 1888. ] ILEREAS at a sale of Crown lands, held at Cooma aforesaid, on the seventeenth day of August, one thousand cight hundred and fifty-cight, John Lambie, the said Robert Dawson, and Francis Smith, as Trustees of Christ Church, Church of England, became purchasers of the land mentioned, deseribed in the First Schedule hereto, to hold unto the said John Lambie, Robert Dawson, and Francis Smith, as Trustees as aforesaid, their heirs and assigns for ever. And whereas by Crown grant, dated the twenty-ninth day of December, one thousand eight hundred and fifty-eight, the lands and heredita- ments mentioned and deseribed in the Second Schedule hereto, and known as the glebe, were granted unto the said John Lambie, Robert Dawson, and Francis Smith, to hold unto the said John Lambie, Robert Dawson, and Francis Smith, as Trustees as aforesaid, their heirs and assigns for ever. And whereas the said John Lambie died on or about the third day of August, one thousand eight hundred and sixty-two. And whereas the said Francis Smith died on or about the eighth day of December, one thousand eight hundred and sixty- three. And whereas the lands mentioned and described in the Schedules hereto are useless for church purposes, and it would be expedient to sell the same and to apply the proceeds arising from such sale towards reducing the debt on the present parsonage and for church purposes. Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— 1. It shall be lawful for the said Robert Dawson, the surviving Trustee of the lands described in the First and Second Schedules hercto, his heirs or assigns, to sell the said lands by public auction, cither in one lot or in "parcels as he may deem most expedient, and for such price or prices as can reasonably be gotten for the same. And upon such sale or sales to convey the said lands or any part or parts thereof to the purchaser or purchasers thereof in fee-simple, freed and discharged from all trusts affecting the same, and the receipt of the said Trustee, his heirs or assigns, for the purchase money of the said lands or any part or parts thereof upon any such sale or sales, shall effectually discharge the purchaser or purchasers therefrom or from the purchase money payable by him, her, or them respectively, and shall exonerate him, her, or them from secing to the application of the said purchase money, and from all liability i in respect of any misapplication or nonapplication thereof. 2. The said Trustee mentioned and referred to in the first section of this Act, and his assigns, shall stand possessed of all moneys arising from all or any and every such sale or sales as aforesaid, upon trust to apply directly after the receipt thereof the said moneys in anc Cooma Cuurcit or ExcLanp LANLS SALE. Preamble. Power to sell. Disposal of proceeds. Short title. 52° VIC. 1888. Cooma Church of England Lands Sale. and towards the liquidation of the debt now existing on the present parsonage, and for other church purposes. And the receipt or receipts of any person or persons to whom any moneys shall be paid under the provisions of this Act shall be a valid and complete discharge to the said Trustee, his heirs or assigns, for such moneys. 3. This Act may be cited as the " Cooma Church of England Lands Sale Act of 1888." FIRST SCHEDULE. All that piece or parcel of land, in our said territory, containing by admeasurement fourteen acres, be the same more or less, situated in the county of Beresford and parish of Cooma, within the Cooma reserve, portion number twenty-nine: Commencing on the left bank of Cooma Creek, at the north-east corner of portion number twenty-eight ; and bounded thence on the south by the northern boundary of that portion and its westerly prolongation, being in all a line bearing west twelve chains and eighteen links; on the west by a line bearing north thirteen chains to a road one chain wide; on the north by the south side of that road and a continuation by the southern boundary of portion number thirty, being in alla line bearing east nine chains and ninety-two links to Cooma Creek ; and on the east by the left bank of Cooma Creek upwards to the point of commencement, exclusively of a road fifty links wide, passing through this portion in a southerly direction from the road forming part of the northern boundary thereof to the appropriation for Church of England parsonage, and of two roads for that appro- priation : Commencing at a point distant six chains southerly from the south-east corner of the general cemetery ; and bounded thence on the north by a line bearing west two chains and fifty links; on the west by a line bearing south two chains to the south by a line bearing east two chains and fifty links; on the cast by a line bearing north two chains to the point of commencement, the areas of which have been deducted from the total, being the land sold as lot sixteen in pursuance of the proclamation of twenty-first June, one thousand eight hundred and fifty-eight, with all rights and appurtenances whatsoever thereto belonging. SECOND SCHEDULE. All that piece or parcel of land in our said territory, containing by admcasurement thirty-seven acres, be the same more or less, situated in the county of Beresford and parish of Cooma, within the Cooma reserve, portion number twenty-six: Commencing on the left bank of Cooma Creek, at the south-east corner, at a point distant six chains north-westerly from the south-west corner of portion number twenty-four on the right bank of that creck; and bounded thence on the south by a line bearing west thirty-two chains ; on the west by a line bearing north twelve chains; on the north by the southern boundary-line of portion number twenty-seven bearing east thirty-one chains to Cooma Creek ; and on the east by the left bank of Cooma Creck upwards to the point of commencement, being the land sold as lot eleven in pursuance of the proclamation of twenty-first June, one thousand cight hundred and fifty-cight.