Goulburn Cathedral Validation Act 1894 58 Vic (NSW)

Neu South tales.

ANNO QUINQUAGESIMO OCTAVO

VICTORIA REGINA.

An Act for giving legal effect to two Ordin- ances passed by the Synod of the Church of England, Diocese of Goulburn, called respectively the " Cathedral Ordinance of 1894," and the "Cathedral Debenture Ordinance, 1894"; and for providing for reference to arbitration of a claim by the Incumbent of Saint Saviour's Parish, Goulburn. [20th November, 1894. |

GovLauRN CATHEDRAL VALI- DATION.

UEREAS by a grant from the Crown, dated the ninth day of Preamble.

May, one thousand eight hundred and forty-two, a piece of land containing three acres two roods, more or less, situate in the town of Goulburn, in the Colony of New South Wales, was duly granted to Francis Nicholas Rossi, John Francis M'Arthur, William Bradley, and William Shelley upon trust for the erection of a church in conformity with the provisions of the Acts seventh William Fourth number three and eighth William Fourth number five: And whereas by a grant from the Crown, dated the nineteenth day of June, one thousand eight hundred and forty-three, a piece of land in the town of Goulburn containing forty acres, more or less, was duly granted to the said Francis Nicholas Rossi, John Francis M'Arthur, William Bradley, and William Shelley upon trust for the appropriation thereof as a glebe annexed to the church of Saint Saviour, Goulburn, afore-

said: And whereas by indenture, dated the twentieth day of August, a one

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58° VIC. 1894.

Goulburn Cathedr al Falidation.

one thousand eight hundred and forty-four, a piece of land containing by estimation thirty- two perches was conveyed by William Pitt Faithfull to the said' Francis Nicholas Rossi, John Francis M'Arthuy, and William Bradley upon trust for the building and erection of a school-house and dwelling-house thereon and other school purposes : And whereas there has been erected on the said church land a building known as the Cathedral Church of Saint Saviour, Goulburn, and also a building known as the church hali: And whereas by an agreement, dated the fifth day of December, one thousand eight hundred and cighty-three, and made between the Reverend Alired 'Teed Puddicombe, the incumbent of the parish of Saint Saviour, Goulburn, of the one part, and Francis Robert Lewis Rossi, the Honorable James Chisholm, Andrew Faithfull Gibson, Augustine Matthew Betts, and Alexander Mackellar, therein called the trustees of Saint Saviow's glebe lands, of the other part, it was witnessed (among other things) that the said incumbent thereby consented to the said trustees entering upon the said glebe lands and leasing the same as therein mentioned, and the said trustees thereby agreed to apply to Parlia- ment for a private Act authorising the payment from the glebe revenues of an additional one hundred and fifty pounds (making three hundred pounds in all) annually to the incumbent for the time being of Saint Saviour's parish aforesaid, such additional sum of one hundred and fifty pounds per annum to be paid when Parlia- mentary sanction could be received, and the said Alfred 'Teed Puddicomhe, as such incumbent as aforesaid, thereby released the said trustees from all claims which he might have or be considered to have against them to that date in respect of the annual income of the said glebe lands oz trust moncys held in connection there- with and all accumulations of interest, and that all accumulations of interest should be added to and form part of the principal moneys then invested by the said trustees: And whereas application was made in the year one thousand cight hundred and eighty-seven to the Parliament of New South Wales to pass a Bill giving lewal cffeet to the said agreement, and authorising the payment of such additional sum of one hundred and fifty pounds ver annum, but the Bill introduced to Parliament for that purpose was not passed, and the said trustees were in consequence unable to make such additional payment: And whereas the said church and elebe lands repectively are now vested in the Lord Bishop of Goulburn upon the trusts aforesaid: And whereas at a session of the Synod of the Church of England for the Diocese of Goulburn, held in the month of April, one thousand eight hundred and nincty-four, an Ordinance was passed for establishing and regulating tle constitution of the said Cathedral Church known as the 'Cathedral Ordinance of 1894," and an Ordinance was also passed for the issue of debentures in liquidation of the debt on the said Cathedral Church known as the '" Cathedral Debenture Ordinance, 1894": And whereas it is necessary or desir- able that the said Ordinances or some of the provisions thereof should have legal effect given to them by Act of Parliament, and that the said Cathedral Church should not be subject to the provisions of the Chureh Acts: And whereas the said Alfred Teed Puddicombe has received from the revenues of the said glebe lands the annual sum of one hundred and fifty pounds only, and he claims to be entitled to reecive compensation for the non-payment to him of the additional annual sum of one hundred and fifty pounds in the said agreement of the fifth day of December, one thousand eight hundred and cighty- three mentioned, and without any admission being made of the validity of the said claim it is deemed desirable that such claim