New South Wales: Parramatta Church School Act 50 Vic (NSW)

PARRAMATTA Cuurcy Scnoon. ~ Preamble. An Act to enable the Right Reverend Alfred Barry D.D. Lord Bishop of Sydney and his successors the Bishops of Sydney to sell or demise a certain plot of Church Land situate in the Town of Parramatta and 4 apply the proceeds. [27th August, AY ITEREAS by a Crown erant dated the sixteenth day of March one thousand cight hundred and fifty-eight under the hand of His Excellency Sir William Thomas Denison Knight Commander of the Most Honorable Order of the Bath Governor-General of the Territory of New South Wales and under the seal of the said Territory the hereditaments specified in the Schedule hereto were granted unto the Right Reverend Frederic Barber Doctor in Divinity the then Lord Bishop of Sydney and his successors Bishops of Sydney for ever upon trust for the erection thereon of a school-house in connection with the United Church of England and Ireland as by law established and for no other purpose whatsoever with a proviso for forfeiture of the said hereditaments unto the Crown if the trusts in the said grant contained should not be duly observed and performed by the said Bishop and his suecessors And whereas a school-house in connection with the said church was duly erected on the said hereditaments in conformity with the trust created by the said grant And whereas the said Frederic Barker is since deceased and the Right Reverend Alfred Barry is the present Bishop of Sydney And whereas the said school- house and hereditaments have become inadequate for the objects for which the same were granted as aforesaid but are of considerable market value And whereas it is expedient that money should be raised by selling or demising the said hereditaments so that the same should be expended in or towards the purchase of another site for a school-house and the erection of a school-house thereon in connection with the said church or in the erection of such a school-house on land already vested in Trustces for the parish of Saint John Parramatta Be it therefore cnacted by the Queen's Most Excellent Majesty by and 50° VIC. Parramatta Church School. and with the advice and consent of the Legislative Council and Legis- lative 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 Alfred Barry and_ his successors the Bishops of Sydney for the time being to sell the said hereditaments specified in the Schedule hereto by public auction either as a whole or in several parecls or allotments and at such price or prices and subject to such conditions or stipulations as to parts of the purchase moneys remaining on the security of the hereditaments sold and otherwise as he or they shall think fit and to convey the said hereditaments to the purchaser or respective purchasers thereof his or their heirs and assigns or to such uses and in such manner as such purchaser or purchasers shall direct and there- upon the said hereditaments shall respectively vest in the person or persons to whom the same shall be so conveyed their heirs and assigns or go and remain to such uses and in such manner as aforesaid freed and discharged from the trust created by the said grant and from the aforesaid proviso for the forfeiture of the said hereditaments in case of the non-observance or non-performance of the said trust. Power to sell and convey. 2. It shall be lawful for the said Alfred Barry to demise all or power to lease. any part or parts of the said hereditaments to any person or persons for any term or terms of years at any nominal rent or rents subject to the payment of any finc or fines premium or premiums on the part of the lessee or lessees and cither with or without any stipulations for repairs improvements building or any other matters that the said Alfred Bavry and his said successors may think reasonable or expedient and all hereditaments so demised shall be freed and discharged from the said trust and proviso in like manner as hereditaments sold and conveyed under the first section of this Act. 3. It shall be lawful for the said Alfred Barry and his said Power to buy in or successors to buy in or rescind or vary any contract for sale or for demise and re-sell or re-demise the said hereditaments or any part or parts thereof, 4, The proeceds of sales and the fines or premiums received on demises effected under the provisions of this Act shall be applied (alter payment thercout of the costs and expenses attending such sales or demises) by the said Alfred Barry and his said successors in the first place in payment of the costs and expenses of incidental to the passing of this Act and in the next place in the purchase of some suitable and convenient site in the town of Parramatta aforesaid for a school-house and in the ereetion thereon of a school-house in connection with the said church or with the consent of any Trustees in whom lands are now vested in trust for the parish of Saint John Parramatta in the erection of such a school-house upon any of such last-mentioned Jands or in either of the said purposes. 5. This Act may be cited for all purposes as the " Parramatta Church School Act." SCHEDULE. All that piece or parcel of land containing by admeasurement one rood and twenty-seven perches be the same more or less § ituated in the county of Cumberland and parish of Saint John town of Parramatta South allotment eighty -four of section fourteen Commencing at the north-west intersection of Macquarie-street with Charch- street and bounded thence on the south by the northern building-line of Macquarie- street bearing westerly two chains and four links to number eighty -six or Rebeca Thorne's allotment on the west by a portion of the eastern boundary-Ime of that allot- ment bearing north five degrees east two chains and three links to the south boundar ve line of D. S. W itherington's 3 allotment on the north by that south boundary-line bearing east four degrees south two chains and ten links to Church-street and on the east by the western building- line of Church-street southerly two chains and nine links to its inter- section with Macquarie-street at the point of commencement Advertised in the Govern- ment notice dated the fifteenth day of July ore thousand eight hundred and fifty-six. n An rescind or vary contract. Application of proceeds of sales and fines. Short title.