New South Wales: The Petersham Church Grant Act of 1873 36 Vic (NSW)

PETERsHAM CuvurcH GRANT, Preamble. An Act to enable Christopher Rolleston Thomas Chaplin Breillat Stephen Camp- bell Brown and William Crane or other the Trustees of certain Land and Premises in the parish of Petersham near Newtown to sell the same and to provide for the application of the proceeds thereof. [25th March, 1873. ] Win atras by a deed of grant bearing date the twenty-fourth day of February one thousand eight hundred and seventy-one Her Maj esty Queen Victoria did grant unto Christopher Rolleston Thomas 'Chaplin Breillat Stephen Campbell Brown and William Crane being respectively Trustees nominated and appointed under and by virtue of an Act of the Governor and Legislative Council made and passed in the eighth year of the reign of His late Majesty King William the Fourth intituled "An Act to regulate the Temporal " Affairs of Churches and Chapels of the United Church of England 'and Ireland in New South I¥ales" and to their heirs and assigns subject to the trusts conditions reservations and provisoes thereinafter contained All that piece or parcel of land containing by admeasure- ment two roods and fifteen perches be the same more or less situated in the county of Cumberland and parish of Petersham near Newtown commencing on the north-western side of the Newtown Road at a point where the southern side of Bligh-street meets it and bounded thence on the north by Bligh-street bearing westerly three chains and eighty- 1873. 36° VIC. Petersham Church Grant. eighty-six links on the south-west by a line bearing south-casterly three chains nincteen links and half of a link to the Newtown Road and on the south-east by that road bearing north-casterly four chains twenty-nine links and half of a link to the point of commence- ment as per plan in the margin thereof with all the rights and appurtenances whatsoever thereto belonging Upon trust for the erection thereon of a Church of the United Church of England and Ireland as by law established in conformity 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 Ilis said late Majesty King William the Fourth intituled " An Act to promote the Building of Churches and 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 whatsocver And whereas the said piece of land is inconveniently situated for the erection thereon of a Church for the use of the Members of the Church of England who are residents of Newtown aforesaid and its neighbourhood and who as such residents are interested in the erection of the said Church And whereas the said Christopher Rolleston Thomas Chaplin Breillat Stephen Campbell Brown and William Crane together with William Gillett Sedgwick have been selected by the Members of the Church of England resident at Newtown aforesaid and its neighbourhood to be Trustees for the erection on certain other land part of the Camperdown Cemetery of a Church for the use of the Members of the Church of England of the parish of Newtown aforesaid And whereas the said Church is in course of erection And whereas the said Members of the Church of England have applicd to the said Christopher Rolleston Thomas Chaplin Brcillat Stephen Campbell - Brown and William Crane as such Trustees of the said piece of land as hereinbefore mentioned to sell the said piece of land so vested in them as Trustecs as hereinbefore mentioned and to apply the net proceeds arising from such sale towards the erection and completion of the said Church so in course of erection as aforesaid And whereas the said Christopher Rolleston Thomas Chaplin Breillat Stephen Campbell Brown and William Crane are willing to comply with such last- mentioned request but they cannot do so without the authority of the Legislature 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 :— 1. The said Christopher Rolleston Thomas Chaplin Brcillat Trustees to sell and Stephen Campbell Brown and William Crane or other the 'Trustees or °°?tey 4nd. Trustee of the said piece of land and premises may sell and dispose of the said picce of land and premises hereinbefore described by public auction or private contract cither in onc lot or in several lots as they the said Christopher Rolleston Thomas Chaplin Breillat Stephen Campbell Brown and William Crane or other the Trustecs or Trustee of the said piece of land and premises shall think most expedient for such price or prices as can be reasonably had or obtained for the same and may convey the same or any part thereof when sold to the purchaser or purchasers thercof and thereupon the same shall vest absolutely in the said purchaser or purchasers his or their heirs and assigns freed and discharged from the said trusts affecting the same And the receipt in writing of the said Christopher Rolleston Thomas Chaplin Breillat Stephen Campbell Brown and William Crane or other the Trustees or Trustee of the said piece of land and premises shall absolutely discharge the purchascr or purchasers of the said land or any part thercof from the purchase moncy payable by him or them and shall 36° VIC. 1873. Cohen's Estate. shall exonerate him or them from secing to the application of the said purchase money and from all liability as to the misapplication or non- ~ application thereof. Moneys arising from sale to be applied in erecting and com- pleting Church now in course of erection. Short title. 2. The said Christopher Rolleston Thomas Chaplin Breillat Stephen Campbell Brown and William Crane or other the persons or person selling the said piece of land and premises under the power hereinbefore given shall stand possessed of all moneys arising from such sale as aforesaid upon trust after paying thereout the costs of obtaining this present Act and all the expenses incurred on the said sale or otherwise in relation to the premises to apply the same in or towards the erection and completion of the said Church now erecting for the use of Members of the Church of England on land part of the said Camperdown Cemetery as hereinbefore mentioned And the receipt in writing of any person to whom any moncys shall be paid under the provisions of this Act shall be a valid and complete discharge to the persons or person paying the same for such moneys. 3. This Act may be cited as "Ihe Petersham Church Grant Act of 18738."