New South Wales: Lyndhurst Roman Catholic Church Land Sale Act of 1878 41 Vic (NSW)

Lyypnunst Roman Carionic CHURCH JuAND SALE. Preamble. An Act to enable the Very Reverend William Gillett the Very Reverend Timothy McCarthy and Thomas Cooper Makinson Trustees of about three acres of land and the residence thereon situate at the Glebe _near Sydney and known as Lyndhurst to sell the said land and to provide for the appropriation of the proceeds thereof. [5th April, 1878. } HEREAS by an indenture hearing date on or about the twenty- fifth day of May in the year of our Lord one thousand cight hundred and fifty-two and made between the Bank of Australasia of the one part and the Right Reverend Charles Henry Davis the Honorable Roger Therry and the Very Reverend Henry Gregory Gregory of the other part the parcel of land described in the Schedule hereto with the mansion house thereon and the appurtenances thereto was conveyed and assured unto the said Charles Henry Davis Roger Therry and Ilenry Gregory Gregory and their heirs upon trust to permit and suffer His Grace the Most Reverend John Bede Polding the Roman Catholic Archbishop of Sydney to use oceupy possess and enjoy Al' VIC. Ly yudhirst Roman Catholic Church Land Sule. enjoy the same as a residence during such time as he should remain and be the resident head of the Roman Catholic Church in the Colony of New South Wales and upon his decease removal or resignation then upon trust to permit and sulfer the resident head for the time being of the Roman Catholic Church in the said Colony to occupy possess and enjoy the same as a residence And whereas "by an order made in the Supreme Court of New South Wales in its Equitable Jurisdiction by {lis Honor John Fletcher Hargrave Primary Judge in Lquity on the twenty-first day of August one thousand cight hundred and seventy- seven It was ordered that the said hereditaments therein mentione and described in the Schedule hereto should be and the same thereby were vested in the said William Gillett Timothy MeCarthy and 'Thomas Cooper Makinson and their heirs in the place of the saic Charles Henry Davis Roger Therry and Henry Gregory Gregory upon the trusts declared in and by the said indenture of the twenty fifth day of May one thousand eight Iundred and fifty-two or sucl of them as were then subsisting and capable of taking effect Anc whereas the said John Bede Polding lately departed this life and the Most Reverend Roger Bede Vaughan is now the Roman Catholic Arch- bishop of Sydney and the resident head for the time being of the Roman Catholic Church in the said Colony And whereas "the sac hereditaments are not now required for or suitable as a residence for the head for the time being of the Roman Catholic Church in New South Wales And it is expedient that the same hereditaments should be sol and that the proceeds to arise from such sale should be laid out upon similar trusts to those hereinbefore mentioned Be it therefore enactec xy the Queen's Most Excellent Majesty by and with the advice anc consent of the Legislative Council and Legislative Assembly in Par- iament assembled and by the authority of the same as follows :— 1. From and after the passing of this Act it shall be lawful Pew to trustees for the said William Gillett 'Cimothy MeCarthy and 'Thomas Cooper?" Makinson or other the trustees for the time being of the said indenture of the twenty-fifth day of May one thousand cight hundred and fifty-two to sell and dispose of the said land described in the Schedule hereto with he appurtenances thereto by public auction or private contract anc cither in one lot or several lots as they shall deem most expedient for such price or prices as can be reasonably had or obtained for the same and when sold to convey the same or any part or parts thereof to thi purchaser or purchasers thereof in fee simple freed and discharge from the said trusts affecting the same and the receipt in writing ol the said trustees for the time being shall absolutely discharge the pur chaser or purchasers of the said land or any part or parts thereof from the purchase money payable by him or them respectively and shal exonerate him or them from seeing to the application of the said pur- chase money and from all liability as to the misapplication or non- a ppHeation thereof. The trustees for the time being of the said indenture shall Power to trustees stand possosved of all moneys arising from any and every sale or sales ore as aforesaid upon trust to lay the same out in the purchase of other lands within the arch-diocese of Sydney to be held upon such of the trusts of the said indenture as shall be subsisting or capable of taking effect or upon building a residence for the head for the time being of the Roman Catholic Church in the said Colony upon lands in or near the said city which are or shall be vested in trustees upon the like trusts. 3. This Act may he cited as the " Lyndhurst Roman Catholic Shot title. Church Land Sale Act of 1878." THE AL' VIC. 1878. ~The Bible Society's. THE SCHEDULE WITHIN MENTIONED. Aut that parcel of land situated in the parish of Petersham and Colony of New South Wales being a portion of the Lyndhurst Estate containing three acres more or less Com- mencing at high-water-mark in Blackwattle Swamp Cove distant seven chains twenty links in a north-westerly direction from the eastern corner of the said estate and bounded on the south-east by a line bearing west forty degrees south eight chains forty-five links on the south-west by a line bearing uorth thirty-nine degrees thirty minutes west three chains sixty links on the north-west by a line bearing cast thirty-nine degrees thirty minutes north eight chains twenty links to high-water-mark and on the north-east by the said cove bearing south-easterly to the point of commencement.