New South Wales: Diocese of Goulburn Church Land Sale Act of 1905 (NSW)

Drockse oF Covnpurs Cuer cir Laxp Sane, Preunhle, An Act to enable the Right Reverend the Lord Bishop of Goulburn, as trustee of certain parecls of Jand situate in the county of Arevle, held upon certain trusts connected with the Church of England in the Diocese of Goulburn, to sell the said lands, to provide for the appHeation of the proceeds thereof, and for other purposes in connection there- with. [30th Oetober, 1905. | TITER AS, by indenture dated the thirticth June, one thousand Y eight hundred and sixty-five, made between the Tonorable John Campbell and William Robert Campbell of the one part, and the Right Reverend the Lord Bishop of Goulburn of the other part, after reciting, inter alia, that Ter 7M: yesty Queen Victoria did, by certain Letters Patent under the Gre at Sc 'al of the United Kingdom of Great Britain and Ivcland, bearing cate the fourteenth day of March, one thousand eight hundre« and sixty-thres, found, ordain, and constitute all those portions of the Colony of New South Wales mentioned in the said Letters Patent to bs a Bishop's See and Diocese, and to be called the Bishopric of Goulburn, and did thereby name and appoint the Right Reverend Mesac Thomas, Doctor of Divinity, to be the first Bishop thereof, if was witnessed that, in pursuance of a promise and agresment more particularly recited in the said deed, the said John Campbell and William Robert Campbell, in' exercise and exeeution of every power whatscever in anywise enabling them in this behalf, did divect, limit, and appoint and 'also erant and release to the said Lord Bishop of Goulburn and his successors, the several pireels Act, 1905. 11 'Diocese of Goulburn Char ch Land § Sule. pavecls of land meiutioned and described in the First Schedule herounder written, together with all buildings and appurtances to the suid land respectively belonging or appertaining, to hold the said Jands and hereditaments unto and to the use of the said Bishop of Goulburn aml his successors for the purposes of the endowment of the said Bishop's See and Diocese for ever, And whereas an indenture dated the thirty-first day of March, one thousand eight hundred and sixty-six, made between « Josey Bull of the one part and the Right Reverend the Lord Bishop of Goulburn of the other part, after re citing that im pursuance of ao promiss and agreement made by the said Joseph Bull some time previously to convey the lands and he veditaments mentioned in the said decd to the said Bishop of Goulburn and his sttecessors as and by way of an endowment for the See or Diocese of Goulburn, it was witnessed that, in pursuance of the promise and of the agreement aforesaid, the said Joseph Bull did by the said indenture evant, release, and assure unto the said Bishop of Goulburn and his successors the land mentioned in the Second Schedule hereunder written, together with all rights, members, and appurtenances there- unto belonging; to hold the same unto and to the use of the said Lord Bishop of Goulburn and his successors for the purposes of the endow- ment of the said Bishop's See and Diocese for ever: And whereas, by a resolution of the Synod of the Diocese of Goulburn, passed by the unanimous vote of the elerieal and lay members assembled in Synod at Goulburn, on the twenty-ninth day of April, one thousand nine hundred and four, if was resolyed-—" That, in the opinion of the Synod, it is desirable that the Lord Bishop of Goulbuin should take whatever step may be necessary for the purpose of obtaining legal sanction and authority to sell and dispose of the lands known as 'The Taradale Vstate, and also one hundred acres or thereabouts of land at Collector, such lands being at present held by the said Bishop in trust for the See Endowment Fund of the Diocese" : And whereas for divers good causes it is considered expedient that the said lands and hereditaments deseribed in the said several Schedules hereto, should be sold, and {hat the proceeds to arise from the sale of the said land should be applied in or towards the purposes hereinafter appearing : And whereas the said several pareels of land described in the said Schedule are now diy vested in the Right Reverend Christopher Barlow, as the present Lord Bishop of Goulburn, as sole trustee thereof: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— 1. From and after the passing of this Act it shall be lawful for trustees authorised the said Bishop of Goulburn, as such trustee as aforesaid, or his tere! successors or other trustees or trastee for the time being of the said lands and Application of proceeds. Purchaser allowed time for payment: of purebase money, Act, 1905. Diocese of Goulburn Chur ch Land Sale. and hereditaments described in the said several Schedules hereto, to sell and dispose of the said lands and hereditaments deseribed in the said several Schedules hereto by public anetion ov private contract, and cither in one lot or several lots, as he shall deem expedient, and for such price or prices as can reasonably be obtained for the same, and upon such terms and conditions of sale as the said Bishop or other the trustees or trustee for the time being may deem expedient, aud to buy in the said lands and hereditaments, orany part or parts thereof, at any auction sale, or to rescind or vary the terms of any contract for the sale of the said lands and hereditaments, or any part or parts thereo!, and when sold to convey and assure the sane, or any part or parts thereol, to the purchaser or purchasers thereof in fee-simple, freed and discharged from all trusts affecting the same, and to receive the purchase money thereof. And the receipt in writing of the said Bishop, his or other the trustees or trustee for the time being of the said lands and hereditaments, for the purchase money arising from such sale or sales, shall be effectual, absolute, and sufficient. t discharge to the purchaser or purchasers of the said lands and hereditaments, or any part or parts thereof, and shall exonerate him or them from seeing to the application of the said moneys, and from all liability in respeet of the misapplication or non-applieation thercol, 2. The said Bishop, as such trustee, or his suecessor or the trustee for the time being, shall stand possessed of the moneys arising from any sale or sales of the said lands and hereditaments, or of any part thereof, after payment thereout of all cost, charges, and expenses of and incidental to the passing of this Bill, upon trust, at his diseretion, to invest the said moneys at interest, cither on real sceurities, ov in debentures ov stock of the Government of New South Wales, or in the purchase of other Jands and hereditaments in New South Wales as the said Bishop or the trustee for the time being shall think fit, and upon further trust to pay the income from time to time to be derived from the said investments to the Bishop of Goulburn and his successors in like manner as other moneys or interest reecived in respect of the Bishopric Endowment Fund of the said Diocese are paid and applied. 8. It shall be lawful for the said Bishop of Goulburn, as such sole trustee as aforesaid, or other the Bishop or trustee for the time being, to allow to any purchaser or purchasers of the said lands, or any part or parts thereof, time for payment of his or her purchase money, or any part thereof, for any number of years not execeding seven, upon such terms as to interest or otherwise as to the said Bishop for the time being may be decmed proper : Provided that any moneys, for the pay ment of which time is given as aforesaid, shall 'be secured by duly registered mortgage over the property in respect of which the said balanee or purchase money remains unpaid, and the said money when paid Act, 1905. Diveese of Goulbur i Chureh Land 'Sule. paid by the purchaser or purchasers thereof, shall form part. of the Endowment Fund of the Diocese of Goulburn, and shall be invested, and the interest applied in manner hereinbefore mentioned. 4, This Act may be cited as the " Diocese of Goulburn Church Land Sale Act of 1905." SCHEDULES. FIRST SCHEDULE, Aut that parcel of land containing six hundred and forty acres, more or Tess, situated in the county of Argyle near Tarraga Lagoon, in the said State: Bounded on the south hy a line east eighty chains, commenc ut the south-east corner of Reverend Thomas teddall's cight tunedin and cighty 'ant on the east by a continuation of the west boundary of Mod. Keith's primary grant north eighty chains: on the north hy a line west eighty chains: and on the west' by Reverend Thomas Reddall's grant) south eighty chains. Also all that parcel of land, situate at Tarrag: admeasurement one Chousand one hundred and ninety at Tarraga Lagoon, lifty seven chains west on the north-east corner of Keith's one thousand two hundred and eighty acres sand bounded on the south by that) farm and unlocated land, being a line east one hundred and. fifty-four chains son the cast by Burns' purchase of six hundred and forty acres, being a line north eighty chains > on the north by a tine west one hundred and sixty chains ; on part of the west by a line south ten chains to Tureaggn Lagoon sand onthe remainder of the west by that Lagoon to fifly-seven chains west of the north east corner of Keith's one thousand two hundred and eighty acres aforesaid. And also all that piece or parcel of land containing by admeasurement six hundred and forty acres, more or less, situate in the county of Argyle, near Tarraga Lagoon aforesaid > Commencing at the south-west corner of J. Murehison's purchase of six hundred and forty acres sand bounded on the north by that land, being a line cast cighty chains: on the east by part of Keith's one thousand two hundred and eighty acres, being a line south cighty chains : on the south by a line west eighty chains ; and on the west by a line north eighty chains to the south-west corner of J. Murehison's purchase of six hundred and forty acres aforesaid, a Lagoon aforesaid, containing by ve acres, more or Jess: Commencing SECOND SCHEDULE. All that piece or parcel of land, situate at Lake George, in the county of Argyle, and State aforesaid, containing by admeasurement one hundred and two acres two roods and thirty one perches, being the bud described in an indenture of the third of November, one thousand cight hundred and forty-one, as a consolidation of lots twelve and thirteen of the farms or portions of Tand sold by auetion as therein mentioned ; and hounded on the north by lot eleven of the said farms, bya line forty-nine chains thirty links : on the east in part hy a reserved road one chain w 'ide, by a line of nine chains ninety- -one links, and by the ponds dividing the farm or portion of land numbered twelve from the Old Collector village son the west hy another reserved read one chain wide, by a line of twenty chains ; and on the south by lots fourteen, fifteen, and seventeen of the said farms, by a line from one of the said roads to. the other of the said roads of fifty-three chains forty- five links, being lots twelve and thirteen of farms caused by Terence Aubrey Murray to be put up for auction at Goulburn on the fourth day of October, one thousand cight hundred and forty one, An Short title.