Sydney Diocesan Revenues Act of 1905 (NSW)

ANNO QUINTO EDWARDI VIT REGIS.

An Act to provide for the disposal of Certain sexiy pure LBEVENUES,

revenues appertaining to the Church of — Kneeland in the Diocese of Sydney. [27th July, 1905. |

WV ERTS by an indenture dated the second day of January, Preamble. one thousand eight hundred and thirty-nine, and made bet ween Thomas Moore, of the one part, and the Right Reverend William Grant Broughton, Doctor of Divinity, Lord Bishop of Australia, of the other part, certain lands, being part of the lands known as Moore- bank Estate, and more particularly deseribed in the said indenture, were vestedin the said Willian. Grant Broughton, Bishop of Australia, and his successors, such Bishops of Australia, upon trust, among other things, for the maintenance and support of the said Bishop of Australia and his suecessors : And whereas by deed of grant from the Crown, dated the ninth day of July, one thousand eight hundred and forty-six, certain other lands, situate in the county of Cumberland and the parish

Act, 1905.

Syane yy Diocesan Revenues.

parish of Petersham, and now known as the Bishopthorpe Estate, were vested in the said Bishop of Australia and his successors upon trust, subject to the provisions of the said deed, for the maintenance of the said Bishop of Australia and his successors: And whereas the said lands hereinbefore mentioned (with the exception of portions thereof which have sinee been sold), together with certain moneys derived from the sale of such portions, are now held in trust for the maintenance and support of the Bishop of Sydney and his suceessors : And whereas by deed of grant from the Crown, dated the eighth day of January, one thousand eight hundred and sixty-six, certain other lands, situate in the county of Cumberland and parish of Alexandria, and therein more particularly desevibed, were granted to the Bishop of Sydney and his successors upon trust for the appropriation thereof as the site of an episcopal residence for the Bishop of Sydney and his successors, the said lands to be enjoyed as the site for the episcopal residence, and for gardens, pleasure-grounds, and pasture lands in connection with the said episcopal residence of the Bishop of Sydney for the time being : And whereas parts of the said jast-mentioned lands have been sold under the powers contained in the " Bishopscourt Sale and Leasing Act, 1886," and the residue containing the present episcopal residence of "Bishopscourt"' is now vested in the "Church of Kugland Property Trust, Diocese of Sydney," upon the trusts of the said Crown grant, but subject to amortgage to the trustees of the " Church Centennial Fund," effected under and by virtue of a certain ordinance of the Synod of the Diocese of Sydney, and styled the ' Bishopscourt Estate Mortgage Ordinance of 1894," upon the security of which mortgage there now remains unpaid a principal sum of three thousand nine hundred pounds together with certain interest: And whereas, by an ordinance passed hy the Synod of the Diocese of Sydney in the year one thousand eight hundred and eighty-five, and intituled * An Ordinance for the administration of the See of Sydney during a vacancy of the Sec," the trustees of the Church of England Property Trust Diocese of Sy dney were constituted the guardians of the temporalities of the See during such vacaney, and certain provisions were made for the application during a yacaney of the Sce of moneys which would have been pay: able to the Bishop of the Diocese for the time being for his own use: And whereas the moneys affected by the said ordinance consist in part of income derived from the trusts of the estates aforesaid : And whereas doubts have arisen as to the extent of the powers of the said Synod to pass ordinances respecting the application of income derived from either of the said trusts: And whereas: it is expedient that the said Synod should have power to pass ordinances regulating the application of portions of the said income under thie circumstances and subject to the conditions hereinafter expressed : And whereas if is also expedient to make statutory provision for the