Australian Library and Literary Institution Act 1853 17 Vic (NSW)

An Act to incorporate "The Australian Sub- "gees

Axpd Lrrerany

scription Library" and otherwise to alter and 'isemns amend its Constitution. [24th October, 1853.]

\% / ILEREAS an Act of Council was passed in the fifth year of the Preamble.

reign of ILis late Majesty King William the Fourth intituled th William ty. " An Act to enable the Proprictors of « Publie Library heretofore insti- Australian Subserip- * tuted and conducted at Sydney under the name and designation of iy dee "<The Australian Subscription Library' to sue and be sued in the * name of the Secretary for the time being of the suid Library and for "other purposes therein mentioned" And whereas another Act of 4th Victoria. Council was passed in the fourth year of the reign of Her present vo. Amendment Act. Majesty Queen Victoria intituled "An Act to render Shares in the Australian Subscription Library not transferable" And whereas by Grant of toth deed of grant dated the tenth day of August one thousand cight 4¥et!*" hundred and forty-four ler said Majesty did grant unto Thomas Walker James Mitchell and William 'Timothy Cape all of Sydney Esquires as trustees for the said library appointed under the first-

2x mentioned

Grant of 8th May 1847.

Two Acts are repealed.

Future name to be

"The Australian

Library and Literary

Institution."

17° VIC. 1853.

Australian Library and Literary Institution.

mentioned Act and to their successors duly elected in pursuance of the said Act (subject to the conditions reservations and provisoes therein- after mentioned) all that allotment or parcel of land containing by admeasurement twenty perches and a half of a perch situate in the city of Sydney parish of St. James county of Cumberland commencing at the intersection of Bent-street with Macquarie-strect and bounded towards the south by Bent-street one chain fifty-seven links towards the west by a line at right angles to Bent-street eighty-three and a half links and towards the east by Macquarie-street one chain and fifty-seven links to the intersection of that strect with Bent-street aforesaid being in satisfaction of a promise made by Sir Ralph Darling on the tenth day of October one thousand eight hundred and thirty-one for the site of the Australian Subscription Library and advertised as number four in the Government Gazette of the fifth day of July one thousand eight hundred and forty-four with the appurtenances to hold unto the said Thomas Walker James Mitchell and William Timothy Cape and their successors duly elected as aforesaid or in case of failure or neglect at any time to elect such trustee or trustees to be held by the survivor or survivors of the remaining trustee or trustees and the heirs of the survivor of such trustees until an election of trustces should take place in whom the legal estate should vest in conformity with the provisions of the said Act And whereas by another deed of grant dated the eighth day of May one thousand eight hundred and forty-seven Her said Majesty did grant unto the said Thomas Walker James Mitchell and William Timothy Cape as trustees for the said library and to their successors duly elected in pursuance of the said Act (subject to the conditions reservations and provisoes therein- after mentioned) all that allotment of land containing by admeasure- ment seven and a quarter perches be the same more or less situated in the said city of Sydney parish of Saint James and county of Cumber- land being allotment number four in section number one hundred and seven commencing at the west corner of allotment number five and bounded on the south-west by Bent-street seventy-five links to a lane on the north-west by that lane being a line at right angles with Bent-street thirty-five links to the south-west corner of allotment number six on the north by allotment number six being a line at right angles with Macquarie-strect and extending from that line ninety-one links to the north-west corner of allotment number five aforesaid and on the south-cast by that allotment to the commencing point being the land promised by Sir Charles Augustus Fitz Roy on the seventeenth day of December one thousand eight hundred and forty- six as an additional grant for the said library and advertised as number one in the Government Notice dated the twenty-ninth day of March one thousand eight hundred and forty-seven with the appurtenances thereto belonging to hold unto the said Thomas Walker James Mitchell and William Timothy Cape and their successors duly clected as aforesaid or in case of failure or neglect at any time to elect such trustee or trustees to be held by the survivor or survivors of the remaining trustee or trustees and the heirs of the survivor of such trustees until an election of trustees should take place in whom the legal estate should vest in conformity to the provisions of the said Act And whereas it is expedient to repeal the said Acts and to incorporate the said library and otherwise to alter and amend its constitution 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—