NSW Legislation
Sydney Bethel Union Extension Act 1908 (Private Act)
An Act to extend the powers of the trustees of the Sydney Bethel Union in dealing with their land and buildings in George-street, Sydney, and to enable them to sell, lease, or mortgage the said land and buildings, and to purchase other land and erect other buildings for the benefit of seamen visiting any port in New South Wales; to provide for the appointment of new trustees of the Sydney Bethel Union; to provide for the vesting of the trust property without conveyance or assignment, and to enable the trustees to accept certain land in exchange for land which has been resumed by the Government of New South Wales; and for other purposes therein mentioned.
Preamble WHEREAS by a certain grant from the Crown, under the hand and seal of Sir William Thomas Denison, Governor of the Colony of New South Wales, bearing date the first day of March, one thousand eight hundred and fifty-eight, the lands particularly described in the First Schedule hereto were granted unto George Allen, Thomas Barker, Francis Mitchell, Ambrose Foss, and John Alexander, all of the city of Sydney, to be trustees of the Sydney Bethel Union, and to their heirs and assigns in the said trust upon trust for the erection thereon of a mariners' church, and other necessary buildings in connection therewith, and for no other purpose whatsoever; and also upon trust that they, the said grantees, their heirs and assigns should, when thereunto required by the Governor for the time being of New South Wales, convey and assure the said piece or parcel of land unto and to the use of such person or persons as should from time to time have been appointed by the said Governor with the advice of the Executive Council, trustees in their place and stead: And whereas trustees have from time to time been appointed by the Governor for the time being of New South Wales in place of the original trustees named in the said grant, but no conveyance or assurance has been executed of the said lands to the several persons so from time to time appointed: And whereas Sir James Fairfax, George Stanley Littlejohn, Alfred William Meeks, and John Gainford have, by notification in the Government Gazette, been appointed, and they are now the present trustees of the Sydney Bethel Union: And whereas it is doubtful whether the lands subject to the trusts of the said grant are legally vested in the said trustees by reason of no conveyance or assurance as aforesaid of the said lands having been executed: And whereas it is expedient that the lands subject to the trusts of the said grant should be vested in the said present trustees: And whereas the lands described in the Second Schedule to this Act have been resumed by the Government of New South Wales under the provisions of the Public Works Act 1900: And whereas the aforesaid trustees of the Sydney Bethel Union made a claim upon the Government of New South Wales for compensation in respect of the land so resumed: And whereas the said trustees are willing to accept from the Government of New South Wales, and the Government of New South Wales has expressed its willingness to grant to the said trustees in lieu of such compensation another portion of land, being the land described in the Third Schedule to this Act, which is contiguous to the lands described in First Schedule to this Act: And whereas the transfer of the said land to the said trustees in lieu of the said compensation cannot be effected without authority of an Act of Parliament: And whereas it is expedient that authority should be given to effect the said transfer in exchange for the said claim for compensation: And whereas a mariners'church was erected on the said lands described in the First Schedule with moneys subscribed by members of the public and particularly by the members of the Sydney Bethel Union: And whereas for many years past the said Mariners' Church has been the means of providing religious and secular instruction and social recreation for seamen of all nations visiting the port of Sydney; Ad whereas it has been found that such religious and secular instruction and social recreation could be more efficiently provided if a building of more modern design and better accommodation could be made available for the purpose: And whereas it is expedient that the operations of the said Mariners' Church should be extended with a view of enabling the work now carried on to be carried on more efficiently and of increasing its attractiveness to seamen: And whereas it would be greatly for the benefit of seamen visiting the port of Sydney that the said building should be extensively altered or new premises of a more extensive nature obtained for the purpose: And whereas the said deed of grant does not confer any power upon the trustees of the said land to deal in any way with the said land or building: And whereas it is expedient that the trustees for the time being of the said land should have power to sell, lease, or mortgage the said land with the buildings thereon, and in the event of a sale of the said land, to purchase other land, to be held upon the same trusts, and that the said trustees should have power to erect on the said land or any other land purchased by the said trustees a new church and other necessary buildings, and to make additions to and alterations of any buildings, for the purpose of providing religious and secular instruction and social recreation for the benefit of seamen of all nations visiting the port of Sydney: And whereas it is expedient to make provision for the vesting of the property subject to the trusts of the said grant in the persons who from time to time are the trustees of the Sydney Bethel Union without the necessity of any transfer, conveyance, or other formal assurance: Be it therefore enacted by the King'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:
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