An Act to authorise the surrender by the present trustees of the Sydney Bethel Union to His Majesty of certain lands in George-street, Sydney; to enable the grant to such trustees of part of the land so surrendered and certain other lands upon certain trusts and subject to certain powers; to amend the Stamp Duties Act 1920–1933 and certain other Acts; and for purposes connected therewith.
WHEREAS by an Act, passed in the eighth year of the reign of His late Majesty King Edward the Seventh, intituled “An Act to extend the powers of the trustees of the Sydney Bethel Union in dealing with their land and buildings in George-street, Sydney, and to enable them to sell, lease, or mortgage the said land and buildings, and to purchase other land and erect other buildings for the benefit of seamen visiting the Port of Sydney; to provide for the appointment of new trustees of the Sydney Bethel Union; to provide for the vesting of the trust property without conveyance or assignment, and to enable the trustees to accept certain land in exchange for land which has been resumed by the Government of New South Wales; and for other purposes therein mentioned”, in this Act referred to as the Sydney Bethel Union Extension Act 1908, the lands described in the First Schedule thereto were vested in Sir James Fairfax, George Stanley Littlejohn, Alfred William Meeks, and John Gainford, the then trustees of the Sydney Bethel Union, and thereinafter called the said trustees, their heirs and assigns, for an absolute estate in fee simple to be held by them upon the trusts declared by a certain grant of the first day of March one thousand eight hundred and fifty-eight to George Allen, Thomas Barker, Francis Mitchell, Ambrose Foss, and John Alexander, and that Act; and the lands described in the Third Schedule thereto were authorised to be granted to the said trustees for an absolute estate, to be held by them upon the trusts declared by the said grant of the first day of March, one thousand eight hundred and fifty-eight, and that Act in full satisfaction and discharge of all claim to compensation under the provisions of the Public Works Act 1900 by the said trustees or by any other person or persons on behalf of the Sydney Bethel Union in respect of the resumption of the lands described in the Second Schedule thereto, and the delivery of the grant of the said lands in the Third Schedule to the said trustees was to operate as an absolute release to the Government of New South Wales of all claims by any person claiming under the said grant of the first day of March one thousand eight hundred and fifty-eight: And whereas such Crown grant has not issued: And whereas certain discrepancies exist between the lands at present occupied by the trustees of the Sydney Bethel Union and those vested in the said trustees in pursuance of the before recited Act: And whereas it is expedient that the lands as occupied by the trustees of the Sydney Bethel Union should be granted to such trustees, under one instrument of title wherein the lands as occupied shall be correctly described, for the purposes specified in that Act and upon the trusts and subject to the powers declared by the aforesaid grant of the first day of March one thousand eight hundred and fifty-eight and the before recited Act:
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:
1 Name of Act
(1) This Act may be cited as the Sydney Bethel Union Enabling Act 1934 and shall be read and construed with the aforesaid Act, in this Act referred to as the Principal Act.(2) The Principal Act is amended by inserting next after section eleven the following new section:12 Name of ActThis Act may be cited as the Sydney Bethel Union Extension Act 1908.
2 Surrender and grant
(1) Upon the surrender of the lands vested in the trustees of the Sydney Bethel Union by the Principal Act, to His Majesty, the Governor is hereby authorised to grant the land described in the Schedule to this Act to Francis William Hixson, Charles McAlister Campbell Shannon, William Aberdein Mackay, and John Hubert Fraser Fairfax, the present trustees of the Sydney Bethel Union, their heirs and assigns, for an absolute estate in fee simple to be held by them upon the trusts declared by the aforesaid grant of the first day of March, one thousand eight hundred and fifty-eight and the Principal Act and with the like powers authorities and duties as were imposed upon the trustees by the said Act. The issue of such grant shall operate as an absolute release to the Government of New South Wales of all claims to compensation under the provisions of the Public Works Act 1900 by any person claiming under the aforesaid grant of the first day of March one thousand eight hundred and fifty-eight in respect of the resumption referred to in the preamble to the Principal Act.(2) The trustees are hereby authorised to execute such surrender and no deed fee stamp duty or any assurance or other fees as would otherwise be payable on the issue of a Crown grant or on such surrender shall be payable by the trustees.
Schedule
ALL that piece or parcel of land, containing an area of 29¼ perches or thereabouts, situate in the City of Sydney, Parish of St. Philip, county of Cumberland: Commencing at the intersection of the western side of Circular Quay West with the northern side of a passage 6 feet 5¾ inches wide and bounded thence on the east by that side of Circular Quay West bearing 357 degrees 36 minutes 30 feet 4½ inches and 355 degrees 16 minutes 50 feet 9⅞ inches, thence on the north by a line bearing 268 degrees 20 minutes 30 seconds 98 feet 3½ inches, thence on the west by the eastern side of George Street North bearing 176 degrees 57 minutes 31 feet 10¼ inches and 172 degrees 32 minutes 30 seconds 44 feet 8½ inches; thence on the south west by the arc of a circle whose radius is 6 feet 7 inches the chord of which bears 133 degrees 4 minutes distant 8 feet 4½ inches the length of arc being 9 feet 0¾ inches; thence on the south by the northern side of the aforesaid passage bearing 87 degrees 39 minutes 90 feet 3¼ inches to the point of commencement, as shown on plan catalogued Ms 8266 Sy in the Department of Lands, Sydney.