Yass Roman Catholic Church Land Act 1871 34 Vic (NSW)

An Act to enable the Trustees of certain allot- ments in the Town of Yass granted to

Henry O'Brien and others as Trustees of

the Roman Catholic Church at Yass to sell a portion of the said land and to provide

for the application of the proceeds thereof. [9th June, 1871.]

Yass Roman Catuoric Caurcn Lanp.

WW IEREAS by five several deeds of grant bearing date respect- Preamble.

ively the thirty- first dav of July one thousand 'eight hundred

and forty-one under the hand of His Excellency Sir George Gipps then Governor of the Territory of New South Wales and under the seal thereof Her Majesty Queen Victoria did for the respective considera- tions in the said deeds of grant mentioned grant unto Henry O'Brien Cornelius O'Brien and William Hampden. Dutton their heirs and assigns allotments numbers six seven eight nine and ten respectively of section number seventeen of the Town of Yass more partic ularly deseribed in the said deeds of grant to hold unto the said Henry O'Brien Corne lius O'Brien and William WU: ampden Dutton as Trustees of the toman Catholic Church at Yass their heirs and assigns for ever And whereas the said William Hampden Dutton diced on the twenty-first day of November one thousand eight hundred and forty-nine and the said

14 34° VIC. 1871.

Yass Roman Catholic Church Land.

said Henry O'Brien died on the twenty-seventh day of January one thousand eight hundred and sixty-six and the said Cornelius O'Brien died on the fourth day of July one thousand eight hundred and sixty- nine And whereas under and by virtue of an indenture bearing date the twenty-seventh day of February one thousand eight hundred and seventy-one and made between Rebecca O'Brien and The Venerable Frederick Arthur Cecil Lillingston the Executrix and Executor respect- ively of the last will and testament of the said Cornelius O'Brien of the one part and The Right Reverend William Lanigan Roman Catholic Bishop of the Diocese of Goulburn The Reverend Patrick Dunne and Morgan O'Connor Doctor of Medicine of the other part the said Right Reverend William Lanigan Reverend Patrick Dunne and Morgan O'Connor have been appointed and are now the Trustees in respect of © the lands comprised in the said five Crown Grants in the place of the said Henry O'Brien Cornelius O'Brien and William Hampden Dutton respectively deceased and the said allotments of land have accordingly become and are now vested in the said Right Reverend William Lanigan Reverend Patrick Dunne and Morgan O'Connor as such Trustees as aforesaid And whereas the lands described in the Schedule hereto being a portion of the lands comprised in the said five deeds of grant are not required as a site for a Roman Catholic Church nor for the enlargement of the present site of the Roman Catholic Church in the town of Yass And whereas the said Right Reverend William Lanigan Reverend Patrick Dunne and Morgan O'Connor as such Trustees as aforesaid are desirous of selling the said lands described in the said Schedule hereto and of applying the proceeds of such sale in or towards the erection maintenance and support of a Roman Catholic School or Schools and Teacher's residence or residences in the Town of Yass or in or towards the purchase for that purpose of a building or buildings in the said Town 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 :— Trustees authorized 1. From and after the passing of this Act it shall be lawful for to well. the said Right Reverend William Lanigan Reverend Patrick Dunne and Morgan O'Connor as such Trustees as aforesaid their heirs or assigns to sell and dispose of the said lands described in the Schedule hereto by public auction or by private contract and either in one lot or in several lots as they shall deem expedient for such price or prices as can be reasonably obtained for the same and to convey and assure the same or any part or parts thereof when sold to the purchaser or purchasers thereof in fee simple freed and discharged from all trusts affecting the same lands And the receipt in writing of the said Trustees their heirs or assigns for the purchase moneys arising from such sale or sales shall be a sufficient discharge to the purchaser or purchasers of the said lands and shall exonerate him her or them from seeing to the application of the said moneys and from all liability in respect of the mis-application or non-application thereof. Application of 2. The said Trustees their heirs or assigns shall stand possessed proceeds of ale. of the moneys arising from such sale or sales as aforesaid upon trust to apply the proceeds thereof in or towards the erection maintenance and support of a Roman Catholic School or Schools and Teacher's residence or residences in the Town of Yass or in or towards the purchase for that purpose of a building or buildings in the said town And the receipts of any person or persons to whom any moneys shall be paid by the said Trustees their heirs or assigns under the provisions of this Act shall be a valid and complete discharge to the said Trustees their heirs or assigns for such moneys.