New South Wales Consolidated Acts

NEWINGTON COLLEGE COUNCIL ACT 1922 - NOTES

Preamble

WHEREAS by an indenture bearing date the eighteenth day of October, one thousand eight hundred and sixty-nine, registered number three hundred and eighty-five, book one hundred and sixteen, made between James Watson, therein described and designated vendor of the one part, the Reverend Henry Honey Gaud, the Reverend Joseph Horner Fletcher, and George William Barker, therein described and designated purchasers of the other part, certain lands therein described and which form part of the lands described in the First Schedule hereto were conveyed unto and to the use of the said purchasers, their heirs and assigns for ever: And whereas by an indenture bearing date the twenty-second day of October, one thousand eight hundred and seventy-three, registered number five hundred and thirty-five, book one hundred and thirty-eight, made between Thomas Wheaton Bowden and Mark Blanchard, therein described of the first part, John Dawson, therein described of the second part, and the Reverend Henry Honey Gaud, the Reverend Benjamin Chapman, the Reverend George Hurst, the Reverend Jabez Bunting Waterhouse, the Reverend Joseph Horner Fletcher, George William Barker, Joseph Wearne, Ebenezer Vickery, John Dawson, and John Hardy, all therein described and called purchasers of the third part, the residue of the lands described in the said First Schedule hereto were inter alia conveyed and assured to the said purchasers, their heirs and assigns: And whereas by an indenture bearing date the twenty-third day of October, one thousand eight hundred and seventy-three, made between the said Reverend Henry Honey Gaud, the said Reverend Benjamin Chapman, the said Reverend George Hurst, the said Reverend Jabez Bunting Waterhouse, the said Reverend Joseph Horner Fletcher, the said George William Barker, the said Joseph Wearne, the said Ebenezer Vickery, the said John Dawson, and the said John Hardy, all therein described of the one part, and the said Reverend Benjamin Chapman, the said Reverend Henry Honey Gaud, and the Reverend William Curnow of the other part, after reciting that at the conference of the Australasian and Wesleyan Methodist Church, held at York-street Church, Sydney, aforesaid in the month of February, one thousand eight hundred and seventy-three, it was among other things resolved that the whole of the Stanmore Estate being inter alia the lands mentioned in the said First Schedule hereto be appropriated to collegiate purposes, that all the money received under the provisions of the will of the late John Jones in the indenture now in recital mentioned be appropriated to to the erection of collegiate buildings, one half of such moneys being devoted to the purposes of a Wesleyan theological institution and the other half to a collegiate school, subject to certain other provisions also set out in the said recited indenture: And further that if at any future period it should be found necessary to erect separate buildings on another site for the purposes of the theological institution the committee of that institution should receive compensation in proportion to its interest in the lands and buildings, or if the council of the collegiate school should have to erect any new buildings it should be dealt with in the same way, and that the principles contained in the foregoing resolutions be embodied in the deed of settlement: And whereas in the said indenture now in recital it was recited that the said Wesleyan Methodist Church in the then Colony of New South Wales had established a collegiate school at Newington, near Sydney aforesaid, of which the governing body was a council consisting of certain ministers and laymen annually elected by the conference of the Australasian Wesleyan Methodist Church, and known as the Council of Newington College: And whereas it was recited that the said last-mentioned conference had held its last sitting in the previous February, and at such conference four separate conferences of the Wesleyan Methodist Church in Australasia were established, and one of the said conferences so established was called the New South Wales and Queensland Conference, and to the said last-mentioned conference was committed full jurisdiction and authority in and over the business and affairs of the Wesleyan Methodist Church in the said Colonies of New South Wales and Queensland. And it was also recited that it was intended that the said collegiate school at Newington should be discontinued upon completion of the said collegiate school at Stanmore aforesaid, and that thereupon the New South Wales and Queensland Conference, or in case the said New South Wales and Queensland Conference should be further separated and divided, then and in that event the conference of the Wesleyan Methodist Church in Australasia in whose jurisdiction the said collegiate school and theological institution should for the time being be situate should appoint a new council, to consist of such number of members as the said conference should from time to time see fit, but in which number the trustees for the time being of the presents now in recital should always be included, and that the said conference should also appoint a committee who should have the control and management of the said theological institution: And whereas by the said indenture now in recital it was witnessed that for the purpose of carrying out the said resolutions and of declaring the uses, trusts, and purposes upon and for which the parties thereto of the first part held the said lands the parties thereto of the first and second parts and every of them for themselves and each of them their and every of their heirs, executors, administrators, and assigns did mutually and interchangeably agree, covenant, and declare with the other and others of them their and every of their heirs, executors, administrators, and assigns in manner following, that is to say-That the parties thereto of the first part should stand seised of the said lands, hereditaments and premises comprised in the said indenture of the twenty-second day of October, one thousand eight hundred and seventy-three, upon trust inter alia to permit the erection and maintenance thereon of a Wesleyan theological institution and a Wesleyan collegiate school in manner thereinafter provided: And whereas it was agreed and declared inter alia that if thereafter it should be found necessary to erect separate buildings on another site for the purposes of the said theological institution or of the said collegiate school, then and in each and every of such cases the value of the interest of the said theological institution or of the said collegiate school respectively in the said lands at Stanmore as aforesaid and in all buildings and improvements then or thereafter to be erected thereon should be determined and paid in manner therein mentioned and provided: And whereas in or about the year one thousand nine hundred and fifteen it was found necessary to purchase another site and buildings for the purpose of the said theological institution: And whereas the value of the interest of the said theological institution in the said lands and buildings and improvements aforesaid and in the residue of the lands described in the said First Schedule hereto has been determined and has been satisfied and the said lands and buildings are no longer used for the purpose of a theological institution and are now used exclusively for the purpose of a collegiate school: And whereas by indenture of conveyance bearing date the fifth day of December, one thousand eight hundred and seventy-three, registered number four hundred and nine, book one hundred and thirty-nine, and made between the said Reverend Henry Honey Gaud, the Reverend Joseph Horner Fletcher, and George William Barker of the first part, Arthur Mansfield Allen of the second part, and the said Reverend Henry Honey Gaud, the Reverend Benjamin Chapman, the Reverend George Hurst, the Reverend Jabez Bunting Waterhouse, the said Reverend Joseph Horner Fletcher, and George William Barker, Joseph Wearne, Ebenezer Vickery, John Dawson, and John Hardy of the third part, the lands described in the said recited indenture of the eighteenth day of October, one thousand eight hundred and sixty-nine, were conveyed to the said parties thereto of third part their heirs and assigns for ever: And whereas the lands described in such lastly recited indenture, with the lands described in the said recited indenture of the twenty-second day of October, one thousand eight hundred and seventy-three, have been and are now, with the exception of certain parts of the lands comprised in the said lastly recited indenture which have been sold under the provision next herein recited, held by the trustees hereinafter mentioned for the purpose of and in connection with the said collegiate school: And whereas provision is made in the said recited indenture of the twenty-third day of October, one thousand eight hundred and seventy-three, for the sale under certain conditions therein set forth of either the whole or part or parts of the lands comprised in the said recited indenture of the twenty-second day of October, one thousand eight hundred and seventy-three, from time to time: And whereas parts of the lands comprised in the said recited indenture of the twenty-second day of October, one thousand eight hundred and seventy-three, have under such power of sale been sold to purchasers thereof: And whereas the residue of the said lands comprised in the said recited indentures of the eighteenth day of October, one thousand eight hundred and sixty-nine, and of the twenty-second day of October, one thousand eight hundred and seventy-three, after such sales as aforesaid comprise the lands described in the said First Schedule hereto: And whereas the said New South Wales and Queensland Conferences have long since been further separated and divided, and the collegiate school and theological institution came under the jurisdiction of the conference of the Wesleyan Methodist Church of Australasia in New South Wales: And whereas by the Methodist Union Act, one thousand nine hundred and two, it was declared inter alia that all lands, tenements, and hereditaments of whatsoever tenure, including chattels real situate in New South Wales, together with all rights, easements, and appurtenances relating thereto which at the time of the passing of such Act were held upon trust for the Wesleyan Methodist Church for college purposes or collegiate school purposes or for the purposes of a theological institution should from and after the passing of that Act be held upon trust for the Methodist Church of Australasia under the direction or control of the New South Wales Conference thereof but otherwise subject to the trusts which prior to the passing of such Act had been declared and existed concerning the same: And whereas in pursuance of the provisions of the said recited indenture and of the said Methodist Union Act 1902, the New South Wales Conference of the Methodist Church of Australasia has from time to time appointed the council of the said collegiate school: And whereas the present trustees of the said lands in whom the same are legally vested subject to existing encumbrances are-Arthur Murray Oram, Benjamin Herbert Chapman, the Reverend James Edward Carruthers, the Reverend Charles John Prescott, the Reverend William George Taylor, Cecil Purser, and Frederick John Thomas Sawkins: And whereas the Reverend John George Morris Taylor, the Reverend Frederick Colwell, the Reverend John Hulme, the Reverend William Edward Bromilow, the Reverend Thomas Barker Holmes, the Reverend Leslie Harold Kelynack, Fred Cull, William Horner Fletcher, Arthur James Phillips, Robert John Lukey, the Honorable Samuel Wilkinson Moore, and Arthur William Anderson have also from time to time been appointed in pursuance of the provisions of the said recited indenture of the twenty-third day of October, one thousand eight hundred and seventy-three, trustees of the residue of the lands comprised therein and have acted as such trustees, but no conveyance of the legal estate of the said lands has been made to them: And whereas the said council of the said collegiate school is at the present time composed of the following members, that is to say-The Reverend Eldred Dyer, the Reverend William Henry Howard, the Reverend Thomas Frederick Potts, the Reverend William Henry Beale, the Reverend William Ernest Bennett, the Reverend Granville Oscar Cocks, the Reverend James Edward Carruthers, the Reverend James Colwell, the reverend Michael Scott Fletcher, the Reverend Henry James Clifton Foreman, the Reverend Thomas Barker Holmes, the Reverend John Hulme, the Reverend Leslie Harold Kelynack, the Reverend John Ewan Metcalfe, the Reverend William Pearson, the Reverend Charles John Prescott, the Reverend Patrick John Stephen, the Reverend Joseph Tarn, the Reverend William George Taylor, the Reverend John George Morris Taylor, the Reverend John Gladwell Wheen, the Reverend William George Willard, Arthur William Anderson, Eric Kendall Bowden, Reginald Cowlishaw, William Horner Fletcher, Wesley John Jenner, Walter Cecil McClelland, Hepburn Mckenzie, the Honorable Samuel Wilkinson Moore, Edgar Harold Newman, Clarence Henry Northcott, Arthur Murray Oram, Henry D’arcy O’Reilly, Arthur James Phillips, the Honorable William Elliott Veitch Robson, Frederick John Thomas Sawkins, Reginald Rutledge Snell, James Arthur Somerville, Joseph Teesdale Tarn, and William Claude L’Estrange Wilson: And whereas by an indenture bearing date the sixth day of March, one thousand nine hundred and seven, registered number five hundred and three, book eight hundred and twenty-three, made between Lewis Whitfeld, therein described, of the one part, and William Clarke, Richard Sellors, Richard Caldwell, George Crawshaw, Walter William Joseph O’Reilly, Arthur Murray Oram, Benjamin Herbert Chapman, the Honorable William Robson, John Hardy, James Egan Moulton, James Edward Carruthers, Charles John Prescott, James Woolnough, William George Taylor, Robert Forsyth, Cecil Purser, and Frederick John Thomas Sawkins, all therein described and therein called trustees, of the other part, the lands described in the Second Schedule hereto were for the consideration therein mentioned conveyed and assured by the said Lewis Whitfield unto the said trustees their heirs and successors to hold the same unto the said trustees their heirs and assigns for ever, but subject to and upon such and the same trusts and to and for such and the same ends, intents, and purposes, and with, under, and subject to such and the same powers, provisos, declarations, and agreements as are expressed, contained, and declared, or referred to in and by a certain indenture of conveyance dated the ninth day of July, one thousand eight hundred and eighty-eight, registered number seven hundred and fifteen, book three hundred and ninety-six, and referred to in the Wesleyan Methodist Church Property Trust Act 1889, and being the Wesleyan Methodist Model Deed of New South Wales, 1888, and being the Model Deed referred to in the Methodist Union Act 1902: And whereas the purchase money set out in the said recited indenture of conveyance dated the sixth day of March, one thousand nine hundred and seven, was in fact found and paid by the then council of Newington College, and the said lands were purchased and have since been used for the purposes of such college: And whereas the present trustees of the lands comprised in such indenture of conveyance are Arthur Murray Oram, the Reverend James Edward Carruthers, the Reverend Charles John Prescott, and the Reverend William George Taylor: And whereas it is expedient to revoke the trusts set forth in the said lastly recited indenture of conveyance: And whereas it is expedient that the said council shall be incorporated and invested with the powers and authorities hereinafter contained, and shall have vested in it all real and personal property whatsoever held upon trust for the purposes of the said collegiate school known as Newington College.

Be it therefore enacted by the King’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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