The King's School Council Act Amendment Act of 1894 58 Vic (NSW)

Tie Kive's soror AN Aet to amend The Kine's School Council

Couxcin Act AMENDMENT.

Preamble.

Act, 56 Victoria, and to declare the trusts of a Scholarship of the said School known as "Phe Burton Scholarship": and for other purposes in connection with the Scholarships held for the benefit of the School. [20¢h December, 1894. ]

JT HEREAS in the year one thousand cight hundred and thirty- nine, certain members of the Church of England, friends of

Sir William Westbrook Burton, in the Coleny of New South Wales, designing to evince the kindly sense they entertained of his then trans- pired services in this Colony on his projected departure from it, subscribed divers sums of money (in the whole amounting to one thousand pounds), and presenting it to the said Sir William Westbrook Burton desired him to accept thereof as a testimony of their respect and esteem; but the said Sir William Westbrook Burton, for reasons him moving, declined accepting the same for his personal advantage, but appointed that it should be vested in trustees who should lay out

1894. 58° VIC.

The King s School Council Act "Amendment.

out the money upon some eood and sufficient security of real property in New South Wales, and apply the interest thercof towards affording a sound religious education to one or more youths in the Colony in the principles of the Church of England, and named " 'The King' s School at Parramatta," as that in which he desired to found one or more Scholarships, as the interest of the fund would allow: And whereas the said Sir William Westbrook Burton nominated his two friends, the ILonorable Robert: Campbell, junior, and the Honorable James Mitchell, and delivered to them a memorandum, in writing, stating, as abovementioned, the trusts upon which he desired them to hold the said sum of one thousand pounds and to apply the interest thereof: And whereas the said Robert Campbell and James Mitchell, in or about the year one thousand cight hundred and forty, lent the said sum of one thousand pounds to one Ward Stephens, upon the sccurity of a piece or parecl of land near Scone, in the said Colony: And whereas the estate of the said Ward Stephens was subsequently placed under sequestration, and the Official Assignee of his estate released the said piece or parcel of Jand to certain trustees, of whom Sir Charles Nicholson was, on the twenty-first day of October, one thousand eight hundred and sixty-nine, the sole survivor: And whereas by a deed poll under the hands and seals of the said Sir Charles Nicholson and Sir William Westbrook Burton, bearing date the twenty-first day of October, one thousand eight hiindred and sixty-nine, atter reciting the matters hercinbefore state "d, the said Sir Charles Nicholson and Sir William Westbrook Burton appointed Charles Campbell, Esquire, of New South Wales, Barrister- at-Law, to be their true and lawful attorney on behalf of the said Sir Charles Nicholson, to call in and reinvest, if necessary, the said sum of one thousand pounds, with power to scll and dispose of the said land for the best price that could be obtained for the same, and to invest the proceeds upon good security of real property, within the City of Sydney, and with further powers in respect to such investment, and to apply the income avising from such money according to the true intent and meaning of the said Sir Willian Westbrook Burton respecting the same. "And the said Sir William Westbrook Burton declared by the said deed poll that the rents and proceeds of the said trust property should be from time to time applied towards the maintenance and education of one or more youths, between the ages of fourteen and eighteen years, as scholars in the school at Parramatta, called The King's School, and being the son or sons of a clergyman or clergymen. of "the Church of England, resident in the Colony of New South Wales, and officiating, or deceased having officiated therein as such, so far as the yearly pr oceeds of the said fund would allow in sums of not less than thirty pounds to cach of such youths and for a term not excceding four years. And he further declared that the nomination of youths as scholars should be vested in the Protestant Bishop of Sydney for the time- being after such examination as the said Bishop should direct: And whereas by an indenture bearing date the fifteenth day of February, one thousand eight hundred and cighty-seven, made between the said Sir William Westbrook Burton of "the first part, the said Sir Charles Nicholson of the second part, and the Most Reverend Alfred Barry, Doetor of Divinity, D.C.., Bishop of Sydney, of the third part. After reciting the jnattors hevein before stated, and reciting that the said Charles Campbell had then in his hands the sum of one thousand nine hundred pounds, representing the said sum of one thousand pounds and accumulations thereon, and that the said Charles Campbell was desirous of retiring from the trusts of the said sum and of handing the same oyer to a trustee or trustees to be etd upon the trusts therein-