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St Simon and St Jude's Resumption of 1924

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St Simon and St Jude's Resumption of 1924 --...--- ------*-- -- +- -- . - St. Siriton and St. Jude's Xcsr~~~t$riot:~f 192~ AN ORDINANCEto authorise the Church of England Property Trust Diocese of Sydney (hereinafter called the Propert Trust) to receive from the Municipal Council of &dney (hereinafter called the Council) or out of Court the amoilnt of compensation money to be paid bj. the Council in respect of the resump- r tion by the Council of certain land forming the site of St. Simon and St. Jude's Church of England Sydney and the land held in connection there~vith AND ALSO to declare the Trusts upon which such compensation money shall be held. WITEREASby an Indenture of Conveyance dated the sixtcentp day of March Onc thousand eight hundred and cightysnc Regis- tered No. 998 Book 215 and madc between Ann Sophia Campbell of the first part The I-Ionourable John Campbefi of the second part and the Reverend John Douse Langley tVilliam Ednard Toosc and William Hill (therein called the Trustecsl'of the third part the lands and hereditaments thrrein particularly described ahd comprised in the Fi'itst Schedule hereto with the appurten- ances were conveyed and assured unto and to the use of the said John Douse Langley William Edward Toose and \VilIiam Hill as joint tenants but UPON TRUST for the.erection and main- tenance thereon of a Church or Building which is intended when consecrated to be called St. Simon and St. Jude's for the ccle- bration of public worship according to the use of the Church nom or. lately known as the United Church of England and Ireland and for any other purpose in connection with 'such church BUT STJBJECTso far as the nature of the property ar;d tlie circumstance's of the case will admit to tkc pr'ovisions of an Act of the Governor and Legislative Council of the Colony of Net\. South Wales ~assedin tlie eighth year of the reign of his late Majesty King William the Fourth intftulcq an .4ct to reghlate the teniporal affairs of Churches and Chapels i of the United Cllurch of England atld Ireland in New South \Valas AND WHEREAS by an Indenture of Conveyance bearing ! date the twenty-seventh day nf june One thousand ciglit hundred and eight),-four Registered No. 4x3 Book 202 madc between Edwird Joscpli Spark of the one part and the said John Douse ---- .- - - .* - * -+-- - -------- -~- St. Sitttort attd St. Jridc's Rrsltritptio~rof 1924. --- ,- Langley, \Villiam Edward Toose and William Hill of the other part cettaii~ lands and hereditaments therein particularly described and tomprised in the Second Schedule hereto with the appurtenances were granted and relcascd unto and to the use of the said John Douse Langley William Etlward Toose and William Hill their heirs and assign% as joint tenants upon the Trusts and with and subject to tlie powcrs and provisions b) and in the hereinbefore recited Indenture of Conveyance of the sixteenth, day of March One thousand eight hundrcd and eighty-one declared and contained of and concerning the hereditaments thereby conveyed or such of the same trusts powers and 11rovi- sions as were then subsisting and capable of taking effect in the same and like manner as if the land and h\:reditaments by the'now reciting Indenture conveyed or intended so to be had been included in the said hereinbefore recited Indenture of Conveyance of the sixteenth day of March One thousand eight hundred and eighty-one and had been thereby conveyed to the said John Douse Langley William Edward Toose and \\lilliam Hill AND WHEREAS in pursuance of the Ordinance of Synod styled and cited as the "St. Simon and St. Jude's Church Sydney Ordinance of 1905" the lands and hrreditaments comprised and described in the Third Schedule hereto being part of those com- prised in the Second Schedule hereto were by Indenture of Conveyance bearing date the twenty-seventh day 01 October One thoilsand nine hundred and five and made between the Most Reverend William Saumarez Smith Archbishop of the Diocese of ~ydne:!' of the first part and the said Venerable John Douse L;tr,gley and the said William Edward Toose of the second part ay,d the Municipal Council of Sydney of the third part Registered E'tmber 864 Book 790 conveyed and assured unto the Municipal kunci~of Sydney in Ice simple AND WHEREAS by Deed sf Consent bearing date the twenty-first day of May One thousand nine hundred and thirteen Registered No. 074 Book D99 thc said John Douse Langley being the surviving Trustee of the lands contprised in the First Schedule hercto did thereby consent that the said lands should thenceforth become vested in the Property Trust its succtissors and assigns SUBJECT NEVERTHELESS to the Trusts in the said Indenture of the sixteenth do)? of March One thousand eight hundred and eighty-one expressed and contained or to so much of the same as were still subsisting undetermined _l__- iti,.... .. -------. --* St. Sitftotr Jnd St. 11tde's Resirtnpiian of r92q. and capablc of taking effect AND WHEREAS by Deed of Consent bearing datc the fourth day of August One thousand ninc hundrcd and fourteen KcgistbrCd No. 876 nook 1030 the said John Douse Langlcy being thc surviving- Trustee of the rcsiduc of the lands compriscd in the Sccond Schedule harclo aftcr excluding there. from that parcel bf land conveyed to the Municipal Council of Sydney by the hcrcinbcfore rccited Indenture 66 Conveyance of the twenty-sevcnth day of October One thousand ninc hundrcd and five did thcrcby conscn't that the said residue of the said lands should thcnccforth become vcstcd in the Propcrty Trust its SUCCCSSOrS and assigns SUBJECT NEVERTHELESS to thd Trusts in the said Indenture of the twenty-seventh day of June One thou sand eight hunclred and eighty-four cxpresscd ar-."%ntdncd 01 to so much ot the samc as were still subsisting-dhdetcrn~ined and capable of taking effect AND WHEREAS by Indcntuie bearing dntc the twenty-fifth day of Scptcmbcr On&-thousand ninc hundrcd and fourteen Rcgistnrcd No. 746 Book lail and made between the Municipal Council bf Sydncy of (he one part and thc Propcrty Trust (thercin crroncously callcd the Chdrch Property Trust Diocese of Sydn?y) otthc othcr part the lands and hcrcdita- ments comprised and described in the Fourth Schedule hcrcto \\?ere conveyed and assured unto thc Propcrty Trust in fee simplc ANn WHEREAS by Dc~larati~nof Trust under its common 4Cal bcaring datc the fourteenth day of Dcccmber One thousand ninc hundred and twenty-thrce thc Propcrty Trust did thcrcby declare that it has held and bcen sciscd of all aud singular the hcredita- mcnls comprisel? nn< dcscribcd in the Fourth Schedule hcrctc UPON TRUST to permit the samc to bd uscd fora Church Par- sonage or Patish lIall or partly for one and pdrtl;~for another or others of such purposes in connection with t11c Church of England in tlic Parish of St. Simon and St. Judcs Sydncy AND WHGREAS by Indcnture of Conveyance bcaring data the twcntp-fifth day of Scptcmber One thousand ninc hundrcd and fourtccn Rcgistcrcd No. 803 Book lQ4l(ha Propcrty Trust,did thereby convcy nnta the Munici~al Council of Sydncy in feg simple the lands and Ilcreditamcnts compriscd and described in the Fifth Scl~cdulchcrcto being part OF those compriscd in the First and Sccond Schedules horcto, ,QD WHEREAS the remainder of the land com~~riscdand 6cscribcd in thc First and Second Sched- ulcs hereto togcthcr with that compriscd in thc Fourth Szhedule,_ 'i , rci-..-cra-." , ' -, i-* - St. Si?trorz czttd St. J~th'j.---.Xe~rrttrpliott of rgrp. hereto which at the date of the resumption hereinafter referred to stoad vcslcd in the Troperty Trust is more particularly described in the Sixth Schedule hereto ANDWHEREAS the Chluch known as St. Simon and St. Jude has been erected and main- tained on the land comprised and described in the Sixlh Schedule hereto which said land comprises part of the land described in the First and Second Schedules hereto in conformity- with the trusts contained in the hereinbcfore recited Indentures of the si~tecnthday of Idarch One thousand cight hundred and eighty-one and the twenty-seventh day of June One thousand cight hundred and eighty-four and upon which the lands com- ~risedin the First and Second Schedules were held AND \VHEREAS by Notice of Resumption dated the second day of July One tholl- sand nine hundred and tnentpthree under the hand of the Tole Clerk of the Council the Council in putsuance of the power and authority given to or vested in it by the "Sydney Corporation Amcndnient Act 1905" and otherwise did declark and give notice that the land described in the Schcdule thereto which said lands comprise the land described in the Sixtb Schedule hereto were thereby rcsumed by the said Council undcla the provisions of the "Sydney Corporation Amendment Act1 19O6" aforesaid AND WI~EREAS the said Notice of Resumption and the description in the Schedule thereto were duly publislled in the Government Gazette and in four of the Sydney Daily News-1 papers of issue the sccdnd day of July One thousand nine hun- dred and twcnty-three and thereupon the lands therein described became for the purposes and subject tb the provisions of the said Act vested in the Council for an estate in fee simple in possession freed and discbarged from all trusts obligations estates interest conditions purposes rates rig3ts ol way or ah bssments ahat at soever Axp WIIEREAS the Property Trust in p~>rsuance of the provis:ons of the "Public Works Aqt I-PG' 3s adopted by thPji'sydoey Corporation Amendment Act 1905)' as aforesaid~&used Notice of Claim in respect of the resunlption of the IanCs \nd llcreditaments comprised in the Sixth :ichedule herep iok be served upon the Cily Solicitor and the said ~06.hcil in which notice the sum of Five thousand five btindri!d pounds (,&GBOO) was ciainled (i by tl~e~Property Trust as ,and fot'i compensation AND \VIIEKEI\S by reason of the saidj~resump~bn1 it has become impos- - St.
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