New South Wales Consolidated Acts

KING'S SCHOOL COUNCIL ACT - NOTES

Preamble

WHEREAS by letters patent, dated the ninth day of March, one thousand eight hundred and twenty-six, His late Majesty King George the Fourth was pleased to create a corporation by the name of “The Trustees of the Clergy and School Lands in the Colony of New South Wales”: And whereas the said trustees did in or about the year one thousand eight hundred and thirty suggest and recommend to His Excellency Lieutenant-General Ralph Darling, then Governor-in-Chief of the said Colony, that a school should be founded in the town of Parramatta, in the said Colony, in connection with the United Church of England and Ireland as by law established, for the reception of boarders and day scholars, and that such school should be called the King’s School: And whereas by a minute dated the eighth day of November, one thousand eight hundred and thirty-one, under the hand of His Excellency Colonel Patrick Lindesay, then Acting Governor-in-Chief of the said Colony, it was reported to the Legislative Council of the said Colony that the Right Honorable to the Secretary of State for the Colonies had signified the approval of His late Majesty King William the Fourth of the establishment of a school at Parramatta aforesaid, in accordance with the suggestion and recommendation aforesaid: And whereas for the site and purposes of such school a parcel of land containing by admeasurement six acres two roods and twenty perches, and more particularly described in Schedule A hereto, was, in or about the year one thousand eight hundred and thirty-two, duly vested in the said corporation by Major-General Sir Richard Bourke, then Governor-in-Chief of the said Colony: And whereas in the year one thousand eight hundred and thirty-two a school called the “King’s School” was erected and opened upon the said land, and has been carried on in pursuance of the premises: And whereas by Order in Council, dated the fourth day of February, one thousand eight hundred and thirty-three, the said corporation of the trustees of the clergy and school lands was dissolved, and thereupon the said parcel of land reverted to and became vested in the Crown to be disposed of by his Majesty, then the King, His heirs and successors, in such manner as should appear most conducive to the maintenance and promotion of religion and the education of youth in the said Colony: And whereas by letters patent or grant under the hand of His Excellency, Sir Charles Augustus Fitzroy, then Governor-in-Chief of the said Colony, dated the twenty-eighth day of January, one thousand eight hundred and fifty, the said parcel of land, being the land described in Schedule A hereto, was granted unto the Right Reverend William Grant Broughton, then Lord Bishop of Sydney, and his successors Bishops of Sydney, subject to the trusts, reservations, conditions, and provisions therein contained, upon trust for a school-house, to be called and known by the name of the King’s School, in connection with the United Church of England and Ireland, as by law established, and for no other purpose whatsoever: And whereas the several parcels of land described in Schedule B hereto are now vested in the present Bishop of Sydney and Metropolitan for the purposes of the said King’s School: And whereas by virtue of three several indentures; that is to say, an indenture made the fifth day of April, one thousand eight hundred and sixty-six, between Stella Kemp and others of the one part and the Right Reverend Frederic Barker, then Bishop of Sydney, of the other part; an indenture made twenty-fourth day of November, one thousand eight hundred and eighty-six, between Robert Campbell Close and others of the one part and the Most Reverend Alfred Barry, then Bishop of Sydney, of the other part; and an indenture made fifteenth day of February, one thousand eight hundred and eight-seven, between Sir William Westbrook Burton and another of the first and second parts respectively and the Most Reverend Alfred Barry, then Bishop of Sydney, of the third part; the three several sums of money in and by the said indentures respectively mentioned and assigned are vested in and held by the Bishop of Sydney and his successors upon trust respectively for the endowment and maintenance of three scholarships in connection with the said school, known respectively as the “Broughton Scholarship,” the “Broughton and Forrest Scholarships,” and the “Burton Scholarships:” And whereas by an indenture made the twenty-fourth day of June, one thousand eight hundred and ninety-one, between James Arthur Dowling and another of the one part and the Church of England Property Trust, Diocese of Sydney, of the other part, the sum of money therein mentioned was assigned unto and is now held by the said Church of England Property Trust, Diocese of Sydney, upon trust for the endowment and maintenance of a scholarship in connection with the said school, to be known as the “Macarthur Scholarship,” which said sums of money in this and the preceding recital mentioned are hereinafter referred to as “the scholarship endowment funds:” And whereas the Reverend Robert Forrest, a clerk in holy orders, was in the year one thousand eight hundred and thirty-two appointed by His late Majesty’s then Secretary of State for the Colonies to be the first headmaster of the said school: And whereas the said Robert Forrest died in the year one thousand eight hundred and fifty-four, and the several persons who since successively held the appointment of head master of the said school have all been appointed thereto by the Bishop of Sydney for the time being: And whereas by deed-poll under the episcopal seal, dated the thirty-first day of December, one thousand eight hundred and seventy, the Right Reverend Frederic Barker, then Bishop of Sydney and Metropolitan, did, for himself and his successors, among other things, declare, direct, and appoint that the general government and management of the said King’s School and all the matters relating thereto, and the nomination and appointment of the head master thereof should thenceforth be vested in a body of persons to be called the Council of the King’s School, and that the said Council should consist of eleven members called Governors, of whom the Bishop of Sydney for the time being should be one, and should by virtue of his office be President of the said Council, and also visitor of the said school, and the other Governors should be elected for life by the synod of the diocese of Sydney in manner therein set forth: And whereas the said Council is at the present time composed of the following members, that is to say: The Most Reverend William Saumarez Smith, D.D., The Lord Bishop of Sydney, President; The Very Reverend William Macquarie Cowper, M.A., Dean of Sydney; The Venerable Archdeacon Gunther, M.A.; The Reverend H. Wallace-Mort, M.A.; The Reverend James Christian Corlette, D.D.; The Reverend Francis Rowling Elder, B.A.; The Honorable George Henry Cox; His Honor Judge Docker, M.A.; The Honorable Sir Joseph Palmer Abbott; James Sheen Dowling, LL.B.; and the Honorable Phillip Gidley King: And whereas it is expedient that the said Council should be incorporated and invested with the powers and authorities hereinafter contained:

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:

Historical notes

The following abbreviations are used in the Historical notes:

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