New South Wales: Saint Mark's Alexandria School Site Act 1855 19 Vic (NSW)

Sarvr Marx's ALEXANDRIA ScHOUL Site. Preamble. 19° VIC. 1855. Saint Mark's Alexandria School Site. An Act to enable the Trustees of the Glebe of Saint James' Church Sydney to convey a portion thereof to the Trustees of Saint Mark's Church Alexandria (North) near Sydney as a site for the erection thereon of a School and a Schoolmaster's Residence. [13th Decem- ber, 1855.] HEREAS a church of the United Church of England an Ireland called the Church of Saint Mark situate in the parish of Alexandria (North) near Sydney has been erected and divine worship has been conducted therein for a considerable time pas And whereas at present there is no parochial school-house of or belonging to or in connection with the said church in the said parish or elsewhere and it is of essential importance that such a school-house with a residence for the master thereof should be forthwith crectec And whereas there is no land in the said parish which Her Majesty's Government can give or cause to be granted as a site for the erection of such a school-house and residence And whereas a piece of land containing three roods and five perches or thereabouts situate on the southern side of the New South Head Road being a portion of certain. lands within the said parish which were granted by [fis late Majesty King William the Fourth to Trustees as a glebe for the Church of Saint. James in the city of Sydney forms the most desirable site for the erec- tion of such school-house and residence as aforesaid And whereas the Government of the said Colony is willing to grant to the said Trustees of the said glebe lands an equivalent quantity of land in some other locality in lieu of the said three roods and five perches or thereabouts of the said glebe lands if such quantity of the said last-mentioned lands shall be granted and appropriated for the erection thereon of such school-house and residence as aforesaid and the said present Trustees of the said glebe lands are therefore willing that such portion thereof shall be dedicated and appropriated to the erection and maintenance of such school-house and residence as aforesaid And whereas a public meeting of the inhabitants of the said parish was lately held whereat the Reverend George Fairfowl M'Arthur the present incumbent of the said Church of Saint Mark was chairman and at such meeting it was resolved unanimously that a parish school to accommodate one hundred and fifty children together with a residence for the master should be forthwith erected in the said parish and that the education in such school should be conducted upon the principles hereinafter mentioned And whereas the sum of one thousand five hundred pounds has been, already subscribed towards the object aforesaid by the residents of the said parish and others and it is expected that such further sum as may be required will be readily subscribed if such portion as afore- said of the said glebe lands can be obtained with an indefeasible title thereto for the erection thereon of the said school-house and residence And whereas the said Trustees of the said glebe lands have no power to alienate any portion thereof for the purpose of erecting such school- house and residence and it is therefore necessary in order to carry the aforesaid objects into effect that such power should be conferred upon them and it is expedient and desirable that such power should be conferred upon them And whereas the Right Reverend the Lord Bishop of Sydney the Reverend Robert Allwood clerk the Honorable Campbell 1855. 19° VIC. 459 Saint Mark' s Alexandria School Siée. Campbell Drummond Riddell Esquire Charles Kemp Esquire and Charles Martyn Esquire are now the Trustees for the time being of the said glebe lands And whereas Sir Charles Nicholson Knight Thomas Ware Smart Esquire Thomas Sutcliffe Mort Ksquire Thomas Whistler Smith Esquire and John Croft Esquire are now the Trustces for the time being of the said Church of Saint Mark And whereas it is desirable that the said portion of the said glebe lands to be so dedicated and appropriated as aforesaid should be conveyed and assured to the said Trustees of the said Church of Saint Mark and their heirs in such manner as to vest the same in such last mentioned Trustees and their heirs and assigns Trustees for the time being of the said Church of Saint Mark upon the trusts and to and for the ends intents and purposes and under and subject to the provisions hercin- after contained (that is to say) upon trust for the erection and main- tenance thereon of a parish school-house and a residence for the master thereof and to permit the same to be for ever hereafter appro- priated and used as and for a school for the education of children in the said parish of Alexandria (North) and as a residence for the school- master thereof the said school to be under the gencral management and control of the minister or incumbent for the time being of the said Church of Saint Mark and the Trustces or Trustee for the time being of such church but so nevertheless that the instruction at the said school shall comprise the following branches of school learning namely reading writing arithmetic geography scripture history and (in the case of' girls) needlework and that if shall be made a funda- mental regulation and practice of the said school that the Bible be daily read therein by the children and that instruction in the Church Catechism and in the doctrines and principles of the said United Church shall at suitable times twice at least in every week be regularly given to all the children in the said school whose parents or guardians shall not on religious grounds object thercto such religious instructions to be under the superintendence and direction of the minister or ineum- bent for the time being of the said Church of Saint Mark and that no children shall he required to reecive or be present at such religious instruction whose parent or guardian shall object thereto on religious grounds and that no child shall in: any case be required to learn any catechism or other religious formulary or to attend any Sunday- school or any place of worship to which respectively his or her parent or guardian shall on religious grounds object and that the selection of such Sunday-sehool and place of worship shall in all cases be left to the free choice of such parent or guardian without the child's thereby incurring any loss of the benefits or privileges of the school And whereas the object aforesaid cannot be effected without Iegis- lative authority Be it therefore enacted by Lis Excellency 'the Governor of New South Wales with the advice and consent of the Legislative Council thereof as follows— 1. It shall be lawful for the said present Trustees of the afore- The Trustees of the : . . f . nm m . glebe of Saint James' said glebe lands or other the Trustees or Trustee for the tyme being Chueh authorized to thereof and they or he respectively are hereby empowered by any grey i portion thereof to Trustees of deed executed by them or him to convey in fee simple to the said Saint Mark's Church present Trustees of the said Church of Saint Mark or other the for the. Sta avish Trustees or Trustee for the time being thereof their heirs and assigns school-house and for ever All that the said portion of the said glebe lands containing Mts residence. three roods and five perches or thereabouts hereinbefore mentioned which said portion of land shall be more particularly described in the conveyance thereof together with all ways waters rights easements privileges and appurtenances thereto belonging or in anywise apper- taining or therewith to be held by the said present Trustees of the said Church of Saint Mark or other the Trustecs or Trustee thereof to whom 19° VIC. - 1855. Surry Hills Church and School Site. whom the same shall be so conveyed as aforesaid their heirs and assigns Trustees for the time being of the said Church of Saint Mark for ever absolutely discharged and exoncrated from all trusts created by or existing under or by virtue of the letters patent hereinbefore mentioned or referred to but nevertheless upon and for the trusts intents and purposes herein in that behalf particularly mentioned.