New South Wales: Yass School House Trust Act 1849 13 Vic (NSW)

1549. 13" VIC. 141 Yass School TTouse Trust. An Act to cnable the Trustees of the Site of the Ys Sze Horse intended School House at Yass in connection with the United Church of England and Ireland to sell and dispose of the same for the purpose of purehasing other Land in a. more suitable situation to erect a School House thercon. [5th September, 1849.] Letters patent cighteenth 'day of June one thousand cight hundred and forty- ig June 18t, iwo under the hand of His Exe cllency Sir George Gipps late Governor of the Colony of New South Wales and under the Seal of the said Colony {ler present Majesty Queen Victoria did grant unto John Richard Ifardy James Manning "James Buwlei¢h Sharpe and Hamilton Ifume Esquires their heirs und assigns for ever in trust for the ercetion thercon of a School ITouse in connection with the United Church of England and Treland all that piece or parcel of land in the Territory at New South Wales containing by admeasurement two roods he the same more or less situate in the count y of Murray and parish unnamed town of Yass bounded on the north-west by two chains of the south- cast side of Rossi-street bearing south- west commencing at the north corner on the south-west by a line hearing south-east two chains and fifty links on the south-east: by a line hearing north-east two chains on the north-east by two chains and fifty links of the south-west side of Conner-strect bearing north-west to the north corner aforesaid advertised as number thirty-one in the Government notice dated cighth February one thousand cight hundred and forty-two Aid whereas the said James Manning and James Burleigh Sharpe having resigned their office as such Trustees as aforesaid John Geor ec Le welly n Williams and John Stiles Esquires were duly appointed Rrustees in their stead And whereas it is found that the said piece or parecl of land is not so suitable for the site of a school house as one that can be purchased by the said Trustees in the immediate vicinity of the intended church in conncetion with the United Church of "Eneland and Lreland at Yass And whereas it is expedient that the said "John Richard Uardy Mamilton lume and John George Lewellyn Williams and John Stiles should be enabled to sell the said piece or parcel of land and out of the proceeds thereof to purchase other land in a suitable situation as a site for the said intended school house And whereas it is expedient to remove all doubts as to the persons in whom the legal estate of the said picee or parcel of land so granted as aforesaid is now vested Be it therefore declared and enacted by ILis Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That from and after the passing of this Act the legal Legal estate vested estate in the said piece or parcel of land so granted as aforesaid shall Haedt Hatton be deemed and taken to be vested in the said John Richard Hardy pie sone aeons {lamilton ume John George Lewellyn Williams and John Stiles. "and John Stiles 2. And be it cnacted 'That from and after the passing of this who are authorized Act it shall be lawful for the said John Richard Hardy iJamilton to sell and convey. Hlume John George Lewellyn Williams and John Stiles to sell and dispose of the said piece or parcel of land so granted as aforesaid either by public auction or private contract for such a price as can be rea- sonably had or obtained for the same and when sold to convey the same WW vaitonn by letters patent bearing date on or about the Preamble. Receipt of the above- named Trustees to be a discharge. The above-named Trustees empowered to purchase Jand for the site of a school- house. Act not to affect the right of Iler Majesty. Act to be deemed a public Act.' 13° VIC. 1849. Thomson's Trustees. same to the purchaser or purchasers thereof freed and absolutely dis- charged from the trusts of the hereinbefore in part recited Ictters patent. 3. And be it enacted That the receipt of the said John Richard Tardy Hamilton Hume John George Lewellyn Williams and John Stiles for the money to arise from the sale of the said piece or parcel of land shall be a sufficient discharge to the purchaser or purchasers thereof and shall wholly cxoncrate him or them from seeing to the application thereof and from all liability as to the misapplication or non-application thercof. 4, And be it enacted That from and after the passing of this Act it shall be lawful for the said John Richard Hardy Uamilton ume John George Lewellyn Williams and John Stiles to contract for the purchase of such a piece or parcel of land in the said town of Yass as they may deem suitable for the site of the said intended school house so as such picce or parcel of land be conveyed to them the said John Richard Hardy Wamilton Hume John George Lewellyn Williams and John Stiles their heirs and assigns upon the same trusts as are contained in the hereinbefore in part recited letters patent Pro- vided however that the difference if any (after deducting the expenses ineurred in that behalf) between the sum reecived from the sale of the land hereby authorized to be sold and the sum to be paid for the land hereby authorized to be purchased shall be held and applicd by the said Trustees towards the erection of the said intended school house. 5. Provided always and be it enacted That nothing in this Act contained shall be deemed to affect or apply to any right title or interest of Her Majesty cr I{cirs or Successors or of any body or bodies politic or corporate or of any other person or persons excepting such bodies politic or corporate and other person or persons as are mentioned in this Act or of those claiming from or under her him or them. 6. And he it enacted That this Act shall be deemed and taken to be a public Act and shall be judicially taken notice of as such by the Judges of the Supreme Court of New South Wales and by all other Judges Justices and others within the Colony of New South Wales and its dependencies without being specially pleaded.