New South Wales: Methodist Missionaries Trustees Act 1834 5 Wm IV (NSW)

An Act for enabling the Missionaries of the people called Methodists to sell a certain piece of ground in Macquarie-street Sydney for the purpose of purchasing other land in a more central situation to erect a new Chapel thereon. [Vth October, 1834.] Metuopisr MIssIONARIES TRUSTEES, TIEREAS by a certain deed of grant bearing date on or about Preamble. the ninth day of January one thousand eight hundred and twenty-one lis Excellency Lachlan Macquarie then Captain General and Governor-in-Chicf and under and by virtue of the power and authority in him vested did give and grant unto Benjamin Carvosso Walter "Lawry and Ralph "Mansficld. Missionaries 'of the people called Methodists their assigns and suecessors for ever in trust: for the use of the Missionaries appointed and to be thereafter appointed by the yearly conference of Methodists late in con- nection with the Reverend John Wesley deecased for the purpose of erecting a Methodist Chapel thercon all that picce or pareecl of evound containing sixty-six rods lying and situate in the town of Sydney hounded on the east by Macquaric-street bearing north two and two-third degrees west one hundred and sixty-six "feet on the north side by a line bearing west two and one-third degrees south one hundred and seven fect on the west by a line hearing sguth one quarter of a degrce east one hundred and sixty-six fect and on the south by a line. bearing east two and a half degrees north one hundred and thirteen feet reserving at all times the "right of appro- priating such parts as might he "deemed necessary by the Governor for the time being for making and improving the strects and paying to the Crown an annual quit- -rent of one pound fifteen shillings and four-pence And whereas a chapel was duly erected on such picee of ground for the use of the people called Methodists And whereas such chapel being in an inconvenient situation it is deemed expedient to sell the said piece of land and to purchase other land in a more central situation in the town of Sydney and erect a chapel on such purchased land for the use of the people called Methodists And whereas the said Benjamin Carvosso and Walter Lawry have been recalled to England by the conference of the people called Methodists and the said Ralph Mansfield has ceased to act as Missionary of the said society or people called Methodists And whereas Joseph Orton William Legal estate vested in tho Missionaries for the time being. Missionaries autho- rized to sell and execute deeds. Proceeds of sale to be paid into the Treasury. Power to contract for purchase of land. 'To cause estimates to be made and submitted to His Excellency. 5' GUL. IV. , 1834. "Methoist "Hissionavi ies Tr ustees. William Schofield and William Simpson Missionaries of the said society or people now residing in New South Wales have been regularly appointed by the yearly conference of the Mcthodists as the successors of the said Benjamin Carvosso Walter Lawry and Ralph Mansfield and are now in possession of the said piece of land and the chapel erected thereon And whereas for the purpose of effecting the above intentions it is expedient that the said Joseph Orton William Schofield and William Simpson should be enabled and authorized to sell and dispose of the said piece of land in Macquaric-strect and to purchase other land and to ereet another chapel out of the proceeds to arise from such sale for the use of the people called Methodists And whereas it is expedient that all doubts should be removed as to the persons in whom the legal estate of the said piece of land in Macquarie-street is now and in w hom the legal estate of the land to be so purchased as aforesaid shall be vested but as such objects cannot be accomplished without the aid and authority of the Legislative Council Be it therefore enacted by His Excellency the Governor of New South Wales with the advice of the Legislative Council thereof That from and after the passing of this Act the legal estate of the said piece or parcel of ground so granted by His Excellency Governor Macquarie by the hereinbefore recited grant shall be considered and the same is hereby declared to be vested in the said Joseph Orton William Schofield and William Simpson Mission- aries appointed by the conference of the said society of people called Methodists and that the legal estate in such piece or parcel of ground or in any other piece or parcel of ground to be purchased out of the moneys to arise from the sale of the said land in Macquaric-strect under the provisions of this Act shall vest in the said Missionaries for the time being and their successors who shall be regularly appointed by the conference of the people called Methodists in England late in connection with the said John Wesley deceased. 2. And be it further enacted That from and immediately after the passing of this Act it shall be lawful for the said Joseph Orton William Schofield and William Simpson or their successors Mission- aries for the time being appointed by the conference of the said society of people called Methodists by public sale to sell and dispose of the said piece or parcel of land in Macquaric-strect together with the materials of the chapel now erected thereon and to execute to the purchaser or purchasers thercof respectively a deed or deeds of sale and conveyance of the same. 3. And be it further cnacted That the moneys to arise from the sale of the said land and of the materials of the said chapel shall be paid into the hands of the Colonial Treasurer to the credit of the said Joseph Orton William Schofield and William Simpson and their suctessors Missionaries for the time being appointed by the con- ference of the said society called Methodists and that the receipt of the Colonial Treasurer shall be a sufficient dischar ge to the purchaser oy purchasers of the said picce or parcel of land and of the materials of the said chapel. 4, And be it further enacted That from and atter the passing of this Act it shall be lawful for the said Joseph Orton William Schofield and William Simpson or their successors for the time being Missionaries as aforesaid to contract: for the purchase of any picce or parcel of ground in the town of Sydney for the purpose of erecting a chapel thereon for the use of the people called Methodists in the room or stead of the said chapel erected on the said piece or parcel of ground in Macquaric-strect. 5. And be it further enacted That it shall be lawful for the said Missionaries or their successors appointed by the conference as aforesaid for the time being to cause estimates of the expense of erecting and building such intended chapel to be made and upon such estimate 1884. 5S GUL. IV. Methodist Missionaries Pr walecs. estimate being approved of by ILis Exeelleney the Governor of New South Wales to cause such intended new chapel to be crected and built and it shall be lawful for the said Governor trom time to time by warrant under his hand to direct the Colonial Treasurer to pay to the said Missionaries or their sucecssors appointed as aforesaid the mmount of all such stam or sims of money to become due for or on account of the purchase money of the said land and of the expense of erecting the said chapel Provided that the moneys so to be drawn for do not exceed in amount and vilue the moneys paid into the hands of the Colonial Treasurer on account of moneys received from the sale of the said land in Macquarie-strect and the materials of the said chapel and the reecipt or receipts of the said Missionarics or of the Missionary or Missionaries for the time being appointed by the con- ference aforesaid shall be a sufficient, discharge to the Colonial 'Treasurer for all moneys which shall be paid by him as aforesaid on account of such land so to be purchased or on account of the building erecting and finishing of such new chapel And provided furthcr that no sum or sums of money shall be so drawn out of the hands of the said Treasurer unless it shall appear to ILis Execllency the Governor for the time being that the amount of such sum or suns so required to be withdrawn from the said Treasurer has or have been fully and bond fide expended in the purchase of the said land and in the erection of the said new chapel for the purposes aforesaid. 6. And be it further enacted That the land to be purchased 1 urchased land and el to vest in . hi as aforesaid and the said chapel when built and erected and the several Missionaries or ruslves. pews and seats within the same and the rents profits and proceeds T thereof shall be and the same are hereby declared to be vested in the sud Joseph Orton William Schofield and William Simpson and their successors for the time being Missionaries appointed by the conference of the people called Methodists or in such other persons as may be hereafter chosen as 'Trustees thereof under and in conformity with the rules and regulations of the said conference of Methodists with full power and authority for the said Joseph Orton William Schoficld anc William Simpson ox their successors as aforesaid to transfer such lance and chapel to such Trustees who are respectively to execute the usua deed of trust framed and recommended by the said conference for 4 use ol {he said people called Methodists. 7. And be it further enacted That in case no sale of the saic land and chapel in Maequaric-strect shall take place under the pro- 73 visions of this Act then the said Joseph Orton Willian. Schofield anc yilliam Simpson or their suecessors missionaries appointed by the conference as aforesaid shall be and they are hereby empowered anc enabled to transfer the same unto trustees under and in conformity with the rules and regulations of the said conference of Methodists and such trustees are respectively to exceute the usual deed of trust recom- mended by the said conterence for the use of the said people callec Methodists. 8. And be it further cnacted That nothing in this Act ork Ordinance contained shall be deemed to atfect or apply to any right title or interest of Lis Majesty Mis Heirs or Successors or of any body corporate ov politic or of any other person or persons excepting such as are mentioned herein or of those claiming by or under him or them. place 3 enabled to sfer to 'Trustees eserving right uf His Majesty &c. 9. And be it further enacted That this Ordinance shall not when this Act is to cummence or take effect until the same shall have reccived the Royal ke fect. approbation and the notification of such approbation shall have been made by Llis Excellency the Governorin the New South Wales Gorern- ment Gazelle. ANNO