New South Wales: Surry Hills Church and School Site Act 1855 19 Vic (NSW)

Sonny Hus Crores Aty Act to cnable the Trustees of certain Lands AND ScHoon SITE. Preamble. Power to sell and convey the lands. at the Surry Hills granted upon Trust for the erection thereon of a Church Parsonage and School-house in connection with the Church of England to sell the said Lands and to apply the proceeds thereof in or towards the pur- chase of other Lands more cligibly situated and the crection or completion of a Church Parsonage and School-house in the same District. [13th December, 1855. | HEREAS by three several grants dated respectively the twenty- seventh day of October one thousand eight hundred and fifty- five the pieces of land described respectively in Schedules A Band C hereto were granted by the Crown in fee to Henry Lumsdaine Frederick Charles Ede and George Henry Rowley upon trust in manner therein respectively mentioned—as to the land in Schedule A for the ercetion thereon of a church of the United Church of England and Ircland as by law established—and as to the land in Schedule B for the erection thercon of a school-house in connection with the same United Church—and as to the land in Schedule C for the appropria- tion thereof as the site of a dwelling-house garden and other appurte- nances for the clergyman duly appointed to officiate in the church hereinafter mentioned And whereas the said three several pieces of land are situated in the parish of Alexandria and in the district of the Surry Wills and a church of the said United Church called and known as Saint Michael's is already in course of erection for the said district upon a more eligible site which has been purchased by means of a donation given by James John Riley Esquire and whercas the pieces of land in the Schedules B and C are not cligibly situated for the purpose of crecting thereon respectively a school-house and clergyman's residence Be it therefore enacted by His Excellency the Governor of New South Wales by and with the advice and consent of the Legislative Council thereof as follows— 1. It shall be lawful for the said Henry Lumsdaine Frederick Charles Ede and George Henry Rowley or the survivors or survivor of them (hereinafter styled '' The Trustees '') to sell and dispose of the said several lands or any of them or any part thereof respectively by public auction or private contract in one lot or in several lots and subject to any conditions or stipulations as to title or otherwise with full power to the Trustees to buy in any lot at any auction and to rescind or vary any contract for sale and to re-sell the land so bought in or comprised in any such contract without being answerable for any difference or loss thereby occasioned and to convey the land so sold to the 1855. 19' VIC. Surry Hills Church and School Site. the purchaser thereof or as he shall direct. and upon the execution of any such conveyance the land and hereditaments therein comprised with their appurtenances shall vest absolutely according to the limitations therein expressed freed and discharged from the trusts now subsisting. All purchase money to arise from any such sale shall be paid? Proceeds of sale to to the Colonial Treasurer to the eredit of the Trustees and every receipt given by the Colonial Treasurer to any purchaser in respect of his purchase moncy shall be a sufficient discharge for the amount therein specified and shall exoncrate such purchaser from all liability as to the application thercot. 3. It shall be lawful for the Trustees to appropriate the net proceeds of any and every such sale as follows namely as to the ne proceeds of any sale of the land in Schedule A in or towards com- pleting the said church called St. Michael's and as to the net proceeds ofany sale ofthe lands in Schedules B and C respectively in the purchase of other lands to be held upon the like trusts respectively and in or towards erecting thereon respectively a school-house and clergyman's residence and it shall be lawful for the Trustees to defray out of any such purchase moneys all reasonable expenses of and about the obtaining of this Act and the exceution of the trusts and the dratts of the 'Trustees or any two of them purporting to be for any such purpose shall be a sufficient discharge to the Colonial Treasurer for every sum. therein respectively mentioned and paid by him in pursuance thereof respectively and the Colonial Treasurer shall not be responsible in respect of the application of any money so paid by him upon any such draft. SCHEDULES. A. All that piece or parcel of Jand in the territory of New South Wales containing hy admeasurement one acre be the same more or Jess situated in the county of Cunberland and parish of Alexandria at the Surry Hills city of Sydney allotment number one of section number three commencing at the south-cast intersection of Dowling-street with Albion-strect and bounded on the west by the cast side of Dowling-street hearing south sixteen minutes west two chains thirteen links and one half link on the south by the north bound: ary | of the parsonage allotment and its easterly prolongation being a line in all bear- ing cast sixteen minut 'south four chains eighty-one links to Selwyn-strect on the east by the west xide of Selwyn-strect bearing north two chains six links to Albion-street and on the north by the south side of Albion-strect bearing west one degree five minutes north four chains cighty links to its intersection with Dowling-strect aforesaid. B. All that piece ur parcel of land in the territory aforesaid containing by admeasure- ment two roods he the same more or legs situated in the county of Cumberland and parish of Alexandria at the Surry Hills city of Sy dney allotment number one of section number two commencing at the north-east intersection of Dowling-street with Albion-strect. and bounded on the west by the cast side of Dowling-street bearing north sixteen minutes east two chains cighteen links on the north by a line bearing east sixteen minutes south two chains twenty: -cicht links to a lane twenty-five links w ide on the cast hy the west side of that lane bearing south sixteen minutes west two chains twenty-one links and one half link to the north side of Albion-street_ and on the south by that strect bearing west one degree five minutes north two chains twenty-nine links to its intersection with Dowling-strect aforesaid. be paid to Colonial 'Treasurer, Mode of appro- t priating proceeds. 19° VIC. 1855. Pyrmont Bridge Company. : C. All that piece or parcel of land in the territory aforesaid containing by admeasure- ment two roods be the same more or less situated in the county of Cumberland and parish of Alexandria at the Surry Hills city of Sydney allotment number two of section number three commencing on the east side of Dowling-strect at the south-west corner of the Church of England church allotment and hounded on the west by Dowling-street bearing south sixteen minutes west one chain fifty-three links on the south by a line bearing east sixteen minutes south three chains thirty links on the east by a line bearing north sixteen minutes east one chain fifty-three links to the south boundary of the church allotment and on the north by part of that boundary line bearing west sixteen minutes north three chains thirty links to the south-west corner of the allotment at Dowling-strect as aforesaid.