S f . Altne's SLrnthficld zoifh FH11te6ush~Worfgaging
Ordit~aitce1939.
No. 25, 1939.
'
ORDINANCE
to authorive
the mortgaging of certain
lands situated a t Strathfield in the County of Cumberland Parish of Concord and Municipality of
Strathfield and to provide for the application of
the proceeds thereof..
WHEIICASthe lnnds mentioned in the Schedt~le hereucder
(hereinnfter cnlled the snid Innds) ore vested in Cllnrles Cndcll
Capper Willinm Cordon Nisbet nnd Willinm Edwards ns Trustees
Upon T r u s t lor the erection nnd mnintennnce thercon of n churcll
or building to be known by the nnmc of St. Anne and also to
erect thercon or some pnrt thereof a Cherch of Englnnd School
nnd Pnrsonnge o r Residence for the Minister for tlie time being
of the snid Church o r either or the snid lost mentioned buildings
ns might be determined by the Minister, the Trustees nnd the
Wardens of tlie snid church o r the mnjority of thenr.
AND WHEREASthe said lands ore Church Trust property.
ANDWHERFAS
it is expedient to declnrc the trusts in respect
to the said lnnds ns hereinnfter mentioned.
AND WHEREASthere is nt present erected on portion of the
said lands the said Church of St. Anne Strnthfield with Homebush which is consecrated nnd a Parish Hnll.
ANDWHEREASit is expedient to enlnrge nnd renovate t h e anid
Parish Hnll.
AND WHEREASby reason of circumstnnces subsequent to the
crention of the oforesoid trusts it has become inexpedient to
cnrry out and observe such trusts insofnr ns the same ore hereby
vnried Now the Standing Committee of the Synod of the Diocese
of Sydney in the nnmc nnd plnce of the snid Synod Ordains nnd
Declnres as follows:-
1. By reason of circumstnnces subsequent to the crention of
the snid trusts it hns become inexpedient t o cnrry out nnd observe
such trusts insofnr a s tlie snmc a r e hereby varied and it is expcdient thnt such trusts be varied necordingly.
--
-
S f . AILIZE'SStvafltfield zaiflt Hotrzebtrslt lllorfgagittg
Ordi~rattce1939.
-----+--
-
-
-
2. T h e whole of the said lands shall be held Upon Trust
to permit the same to be used for a Church a n d Church of
England School o r Parish Hall or partly for one o r ~ a r t l yfor
another or others of such purposes in connection with the Church
of England in the Parish of St. Anne Strdthfield with Homebush.
3. So much of the said lands a s the Archbishop shall certify
are not required for the purpose of the said Church may be
mortgaged for the purposcs of borrowing the sums following:( a ) When the power is first exercised a sum not excceding
Two thousand pounds (£2000).
( b ) IVlren the power is subsequently exercised such i u m
a s the Standing Committee shall by resolution determine Provided that such debt shall be reduced a t t h e
rate of Fifty pounds (£50) per annum after the power
is subsequently exercised.
(c) Any renewal of a mortgage shall be deemed to be a
subsequent exercise of the said power.
( d ) A document purporti~lg to b e certified by the Arch.
bishop or Diocesan Secretary of the said Dioccse a s n
copy of any such resolution shall in favour of a mortgagee or any person or corporation claiming under the
mortgagee be conclusive evidence that ouch resolution
was duly passed.
4. T h e proceeds of any mortgage authorised by Section 3
shall stand charged with t h e payment of the costs charges and
expenses of and incidental to this Ordinance and such Mortgage
a n d subject thereto such proceeds shall be applied in and towards
the cost of enlarging and renovating the said Parish Hall.
5. T h e Churchwardens for the time being of St. Anne's
Church Strathfield with Homebush shall within seven days of t h e
d a t e of holding the annual vestry meeting during such time a s
any money is owing to any Mortgagee pursuant to this Ordinance
cause a n account to be forwarded to t h e Diocesan Secretary giving details of the original amount borrowed amounts paid off a n d
balance owing.
6. This Ordinance may be cited a s "St. Anne's Strathfield
with Homebush Mortgaging Ordinance 1939."
S f . Ariite's Strafhfield zoiflr Horrrcbuslr dlorfgrngirlg
Ordirlnrtcc 1939.
--
-
T H E SCHEDULE HEREINBEFORE REFERRED TO.
PART 1
.
ALL T H A T piecc or pnrcel of lnnd aituntc in the Pnrish of
Concord in t h e County of Cumberlnnd Colony of New South
Wnles a n d contnining by ndmcnsurement (be the same more or
less) O n e rood nnd twenty-three and one-hnlf perches being Lot
O n e end pnrt of Lot T w o of Section Two of the Bnthnmpton
Estnte nt Homebush commencing nt the north-wcst corner of Allot.
ment Number One of Section Two of the snid Estnte nnd boundcd
thence on the west by the Homebush Rond being n linc runninp
south O n e hundred feet thence on the south-enat by n line benring
north-ensterly pnrnllel to Beresford Street T w o hundred nnd
thirty-five feet four inches or therenbouts to n point on the northenst boundnry of Allotment Numbcr T w o of the same Section
thence on the north-enst by pnrt of the aortll.cnst boundnry of
thnt Allotment and in continuntion by the north-cnst boundnry
of Allotment Numbcr O n e being in nll n linn lrcnring north.
westerly eighty-three feet three incllcs to the northcrntnoat corner
of thnt Allotment and on the north-west by t h e north.west boun.
dory of thnt Allotment being n linc bcnring ao~~tl~.wcatcrly
Onc
hundred a n d eighty feet to the p6int of commcncemcnt.
ALSO ALL T H A T piecc o r pnrcel of lnnd situnte it1 the
Pnrish of Concord in the County of Cumberlnnd in the Colony
of New South Wnles and containing by ndmensurcment ( b e the
nnme more o r less) Twcnty nnd onc-quarter pcrcl~csCommencing
a t the north-west corner of Allotment Number O n e 01 Section T w o
of the Bothampton Estnte a t Homebus11 nnd boundcd thence on
t h e south-east by t h e north-west boundnry of thnt Allotment
(being a line running north-easterly pnrnllel to Bercsford Street)
O n e hundred a n d eighty leet to t h e nortl~ernrnostcorner thence
on the north-east by a line benring north-wcstcrly thirty-three
feet being a continuation of thc north-enst boundary of Allotment
t the south-enat side of William
Number O n e nforesnid to n ~ o i n on
Russell's five and a hnlf perches thence on t h e north-west by pnrt
of thnt boundnry being n line benring south-wcstcrly one hundred
nnd fifty-eight feet to Homebush Rond and on the west by Homcbush Rond being n linc running south Thirty-nine fcct eight
inches to the point of commencement being the vvholc of the Innd
comprised in Conveyance dntcd t h c Third day oI Scptembar O n e
-
--
S f . rlir~re'sSfrafhfidd with liotiiebrcsh d~orfgagi~zg
Ordilza~zce1939.
thousand eight hundred nnd ninety-one nnd made between William
Ilusscll of the first pnrt Willinm Russell the Younger of the second
port a n d William Bceumont John Docker nnd John Booth Jones
of the third pnrt nnd Registered Number 9 8 8 Book 469.
P A R T 2.
A L L T H A T piece of innd situated at Stratl~ficldin the Parish
of Concord ~ l n d County of Cumbcrlnnd containing o n e perch
bcing t l ~ cwhole of tho land comprised in Ccrtificntc of Title dated
the T w c n ~ ~ . c i g I ~dny
t I ~ of O c ~ o b c rOnc thousn~rd eight hundred
rind nincty.onc Volulnc 1034 Folio 30.
I certify thnt the Ordinance ns printed is in accordance
with t h e Ordinnnce ns reported.
W.
J. G. MANN,
Acting Chnirnlnn of Cornmittees.
I c c ~ t i I y tlint this Ordinnnce was passed by the Stnnding
Conltnittec of the Synod of the Diocese of Sydney this Eighteenth
dny of Dcccmbcr, 1939.
H. V. ARCHINAL.
Diocesan Secretnry.
1 assent to this Ordinonce.
HOWARD
SYDN'EY.
20th December. 1939,
-+--
I
-.
+
.--.
-^__
William Androws Printing Co. PLY.Ltd., 433 Kent Strect, Sydney.