New South Wales: Newcastle Glebe Leasing Act of 1878 41 Vic (NSW)

An Act to enable the Trustees of the Glebe es: Gum: LEASING. annexed to Christ Church Neweastle to — dispose of the Coal in the Glebe land. [17th April, 1878. | W ITEREAS by a grant under the hand and seal of His Excellency Preautle. Sir William Thomas Denison Knight then Governor Genera of New South Wales and. its dependencies bearing date the fifteenth day of February in the year of our Lord one thousand eight hundrec and fifty-nine ILer Majesty did grant unto the Right Reverenc William Tyrrell Lord Bishop of 'Neweastle the Reverend Charles Pleydell Neale Wilton Alexander Walker Scott Simon Kemp anc George Tully being respectively Trustees nominated and appointec under and by virtue of an Act of the Governor and Legislative Council of the said Colony of New South Wales made and passec in the cighth year of the reign of His late Majesty King William the Fourth intituled "4a utct lo regulate the temporal affairs of Churches ond Chapels of the Cniled Church of England end Lreland in New Soulh Wales" and to their heirs and assigns subject to the trusts conditions reservations and provisoes {hereinafter contained all that piece or parcel of land in the said Cclony containing by adimeasurement thirty- five acres be the same more or less situated in the county of Nov thumberland and parish of Neweastle at Mein's Jill commencing at the castern corner being a point on the west boundary-line of A. Ww. Seott's four hundred and fifty-six acres distant cighty -five chains north from the south-west corner of that land and hounded thence on the 8 4A' VIC. 1878 Newcastle Glebe Leasing. the south-cast by a line dividing it from James Mitchell's nine hundred and fifty acres bearing south sixty-five degrees west thirty- five chains on the south-west by a line dividing it from James Mitchell's nine hundred and fifty acres aforesaid bee aving west sixty- tive degrees north ten chains 'and on the north-west by a line dividing it from the aforesaid nine hundred and fifty acres bearing north sixty-five degrees east thirty-five chains and on the north-cast by a line bearing cast sixty-five degrees south ten chains to the point of conunencement to hold unto the said Right Reverend William 'Tyrrell the Lord Bishop of Newcastle the Rev 'erend Charles Pleydell Neale Wilton Alexander Walker Scott Simon Kemp and George Tully their heirs and assigns for ever upon trust for the appropriation thereof as the Glebe annexed to the Church of the United Church of England and Ireland erected at Neweastle and known as Christ Church in con- formity with the provisions of the said Act and of a certain other Act of the Governor and Legislative Council of the said Colony made and passed in the seventh year of the reign of His said late Majesty King William the Fourth intituled "fa fet lo promote the building of Churches aud Chapels and to provide for the maintenance of Ministers of Religion in New South Wales" so far as the same might apply to the trusts of the said grant and for no other purpose whatsoever And whereas the Reverend Arthur Edward Selwyn Edward Parnell Ienry Bayes Cotton Frederick Ash and Charles Frederick Stokes are the present Trustees of the said lands having been duly nominated and appointed in accordance with the provisions of the said Act eighth William the Fourth number five and the said land is now duly vested in them And whereas the said grant was issued in pursuance of a promise of a grant made in or about the vear one thousand cight hundred and thirty-three And whereas by a proclamation under the hand and seal of His Excellency Sir Charles Augustus Fitzroy the then Governor of New South Wales published in the Government Gazelle of the twenty-ninth day of January one thousand eight hundred and fifty all reservations of mines of coal contained in grants of land issued during the respective Reigns of their Majesties King George the Fourth King William the "Fourth and Her present Majesty 'Queen Victoria were abandoned And whereas a reservation to the Crow n of all coal mines was by inadvertence inserted in the said recited grant of the fifteenth day of Februar v one thousand eight hundred and 'fifty- uine And whereas on the thir ty-first day of J uly one thousand eight hundred and seventy-seven there was endorsed on the said grant under the hand and seal of His Excellency Sir Hercules Robinson the Governor of the said Colony a cancellation of the said reservation And whereas doubts have arisen whether such cancellation is valid And whereas there are certain veins strata and seams of coal in or under the said land which can now be advantageously disposed of but the Trustees are advised that they cannot lease or sell the said veins strata and scams of coal without the authority of the Legislature And whereas it is expedient that the said Trustees or other the Trustees for the time being of the said land should be empowered to lease the said veins strata and seams of coal and to apply the procceds in the manner hereinafter provided Be it therefore enacted by the Queen'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 :-— Reservation of coal 1. The reservation of coal and coal mines and the right to rnines in grant of search for dig take and carry away the same contained in the said recited grant of the fifteenth day of February one thousand cight hundred and fifty-nine is hereby cancelled released and abandoned. 2. 1878. AL' VIC. Newcastle G lebe Leasing og 2. It shall he lawful for the said Rey rend Arthur Edward Trustees empowered Selwyn Edward Parnell Henry Bayes Cotton Frederick Ash and Charles Frederick Stokes or the persons being the Trustees of the said land for the time being from time to time £0 demise by way of lease by deed or deeds for any term of years not exceeding ninety-nine vears to take effect in possession all or any of the veins strata and scams of coal in one or more block or blocks in under or upon the said land whether the same shall or shall not have been hitherto opened or worked together with all such libertics licenses powers and privileges for searching for or working the said veins strata and scams of coal and for getting and disposing of the said coal as to the person or persons for the time being exercising the power hereby given shall scem expedient so as there be reserved in every such Tease the best rent or rents tolls duties royalties or reservations by the ton or otherwise that can be reasonably gotten and so as there he 'contained in ever vy such lease a condition for re-entry for non-payment within a reasonal ic time to he therein specified of the rents tolls duties royalties or reservations thereby reserved and so as the lessee or lessees do execute a counterpart of every such lease and do thereby covenant for the due payment of the rent or rents tolls duties royalties or reservations thereby rescrved Provided that it shall he lawful for the said Trustees or the Trustees for the time being of the said land to accept the surrender from time to time of any such lease or leases on such terms as to them shall scem expedient. to lense coal. 3. Provided always that it shall be lawful for the said Trustees Trustecs may accept or the Trustees for the time being of the said land if they shall think 2107 it gress ie hea it expedient so to do to accept a sum in gross to he paid on the execution of the said lease or otherwise as shall be agreed upon in licu of a rent royalty or tonnage for the said coal and the receipt of the said Trustees shall absolutely discharge the lessee or purchaser of the said coal from the rent royalty or purchase money as the case may be and shall exonerate him or them from seeing to the application of the same and from all hability as to the misapplication or non-applieation thereof. 4. The said Trustees shall stand possessed of all moneys to he received by them in respect of the said coal whether as rent tolls duties or royalties or a sum paid in gross for the purchase money of the said coal upon trust. to apply the» same in accordance with the provisions of the Act eight William Fourth number five intituled "42 el to regulate the temporal affairs of Churches and Chapels of the Cnited Church of England and Ireland in New South Wales' as if the said moneys were the rents issues and profits of the said Glebe land. . This Act may he cited in any instrument document or pro- § cceding as the " Newcastle Glebe Leasing Act of 1878." b An of royalty. Appropriati moneys received. hort title.