{"id":"nsw:act-1893-ksc","name":"King’s School Council Act","slug":"king-s-school-council-act","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"ksc of 1893","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":113117,"registerId":"nsw-act-1893-ksc-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Council of the King’s School incorporated","content":"#### 1 Council of the King’s School incorporated\n\n1 Council of the King’s School incorporated\n\n> From and after the passing of this Act the said members of the Council of the King’s School shall be and they are hereby constituted a body politic and corporate by the name of the Council of the King’s School, and by that name shall have perpetual succession and a common seal, and may enter into contracts, and sue and be sued or otherwise appear and answer and be answered, and may take and hold to them and their successors by grant, will, or otherwise, in perpetuity or for any life or term of years, as well lands, hereditaments, and chattels real as chattels personal, and may, subject to the provisions hereinafter contained, grant, demise, mortgage, charge, alien, or otherwise dispose of all or any lands, hereditaments, or chattels, real or personal, which may at any time be vested in the said body corporate, and may issue debentures and lend or advance money, and also shall or may do all other things incident or appertaining to a body corporate.\n> \n> **s 1:** Am 1963 No 24, sec 4 (a).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Property vested in the Council","content":"#### 2 Property vested in the Council\n\n2 Property vested in the Council\n\n> From and after the passing and by virtue of this Act there shall vest in the said Council and its successors all and singular the lands and hereditaments described in Schedule A and Schedule B hereto, and also all other property, whether real or personal, which immediately before the passing of this Act was vested in any person or persons or corporation upon trust for or for the purposes of the said King’s School: Provided that this section shall not operate to vest any of the said scholarship endowment funds in the said Council; but it shall be lawful for the Bishop of Sydney for the time being, by deed under the episcopal seal, to assign and transfer the said “Broughton,”“Broughton and Forrest,” and “Burton” scholarship endowment funds, and any accumulations and investments thereof unto the said Council; and thereupon the said scholarship endowment funds, accumulations and investments so assigned and transferred shall become vested in the said Council and its successors as to each of such funds, accumulations and investments upon the trusts and for the purposes declared by the instrument whereby the same was assigned to the said Bishop as hereinbefore recited: And it shall also be lawful for the said Church of England Property Trust, Diocese of Sydney, by deed under its corporate seal, to assign and transfer the said “Macarthur” scholarship endowment fund, and any accumulations and investments thereof unto the said Council, and upon such assignment the said “Macarthur” scholarship endowment fund, accumulations, and investments shall become vested in the said Council, upon the trusts and for the purposes declared by the said indenture of the twenty-fourth day of June, one thousand eight hundred and ninety-one.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":null,"content":"#### 3\n\n3 (Repealed)","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Proceeds of sale or mortgage how to be applied or invested","content":"#### 4 Proceeds of sale or mortgage how to be applied or invested\n\n4 Proceeds of sale or mortgage how to be applied or invested\n\n> In case the said Council shall at any time sell and dispose of any lands or hereditaments which are or shall be vested in them, or shall raise any moneys by mortgage of or charge upon any such lands, or by the issue of debentures, the proceeds of such sale or sales and all such moneys so raised by mortgage, charge, or debentures shall be applied or invested exclusively in one or all or any of the ways following, that is to say—\n> \n> > (a) In the purchase for an estate in fee simple of other lands and hereditaments in the State of New South Wales for the purposes of the said school.\n> \n> > (b) In the erection of houses, buildings, and other improvements of a permanent nature upon lands vested in the said Council.\n> \n> > (c) For the general purposes of the King’s School and the endowment thereof.\n> \n> **s 4:** Am 1963 No 24, sec 4 (b).","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":null,"content":"#### 5\n\n5–13\n\n**s 5:** Rep 1923 No 26, sec 2.\n\n**s 6:** Rep 1923 No 26, sec 2.\n\n**s 7:** Rep 1923 No 26, sec 2.\n\n**s 8:** Rep 1923 No 26, sec 2.\n\n**s 9:** Rep 1923 No 26, sec 2.\n\n**s 10:** Rep 1923 No 26, sec 2.\n\n**s 11:** Rep 1923 No 26, sec 2.\n\n**s 12:** Rep 1923 No 26, sec 2.\n\n**s 13:** Rep 1923 No 26, sec 2.","sortOrder":5},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n14\n\nThis Act may be cited the [King’s School Council Act](/view/html/inforce/current/act-1893-ksc).","sortOrder":6},{"sectionNumber":"sch","sectionType":"schedule","heading":"Schedule A","content":"# sch Schedule A\n\nSchedule A\n\nAll that piece or parcel of land containing by admeasurement six acres two roods and twenty perches, be the same more or less, situated in the county of Cumberland, parish of the Field of Mars and town of Parramatta: Commencing on the north-east intersection of O’Connell-street with the Parramatta River; and bounded on the west by that street bearing north four degrees thirty minutes east nine chains and fifty-five links to Booth’s allotment; on the north by a line bearing easterly eight chains and seventy links to the south-east corner of the Roman Catholic Church and school allotment in Villiers-street; on the east by Villiers-street bearing south five degrees west four chains and eleven links; on the south-east by a line bearing south sixty-three degrees forty-five minutes west two chains and twenty-two links, and by a line bearing south seventeen degrees west three chains and thirty-five links to the Parramatta River; and on the south by that river, to the point of commencement.","sortOrder":7},{"sectionNumber":"sch-oc.2","sectionType":"schedule","heading":"Schedule B","content":"# sch-oc.2 Schedule B\n\nSchedule B\n\nAll that allotment or parcel of land containing by admeasurement one rood four perches and one quarter of a perch, be the same more or less, situated in the town of Parramatta, parish of the field of Mars, county of Cumberland, being allotment number nine of section number one; bounded on the north by allotment number four one chain eight links; on the east by allotment number ten two chains fifty-nine links; on the south by the King’s School land one chain eight links; and on the west by allotment number eight two chains sixty-one links,—being the allotment sold as lot fifty in pursuance of the proclamation of the twenty-ninth of August, one thousand eight hundred and forty-five, and granted by deed-poll or grant, dated the eleventh day of December, one thousand eight hundred and forty-five, under the hand of His Excellency Sir George Gipps, then Governor-in-Chief of the Colony of New South Wales, to the Right Reverend William Grant Broughton, then Bishop of Australia.\n\nAll that allotment or parcel of land containing by admeasurement one rood and four perches, be the same more or less, situated in the town of Parramatta, parish of the Field of Mars, county of Cumberland, being allotment number ten of section number one; bounded on the north by allotment number three one chain eight links; on the east by allotment number eleven two chains fifty-seven links; on the south by the King’s School allotment one chain eight links; and on the west by allotment number nine two chains fifty-nine links,—being the allotment sold as lot fifty-one, in pursuance of the proclamation of the twenty-ninth of August, one thousand eight hundred and forty-five, and granted by deed-poll or grant, dated the eleventh day of December, one thousand eight hundred and forth-five, under the hand of His Excellency Sir George Gipps, then Governor-in-Chief of the Colony of New South Wales, to the Right Reverend William Grant Broughton, then Bishop of Australia.\n\nAll that allotment or parcel of land containing by admeasurement one rood and four perches, be the same more or less, situated in the town of Parramatta, parish of the Field of Mars, and county of Cumberland, vested in the Bishop of Sydney by endorsement and certificate of title, volume two hundred and seventy-six, folio two hundred and nineteen.\n\nAll that piece or parcel of land situate in the town of Parramatta, parish of Field of Mars, county of Cumberland, and Colony of New South Wales, containing by admeasurement two roods eight perches more or less, and comprising allotment number three and part of allotment four of section number one; bounded on the west by other part of said allotment four, being a fenced line bearing southerly one hundred and seventy-two feet one inch more or less to the back fence; thence on the south by the back fence bearing easterly one hundred and forty-two feet four inches more or less to the south-eastern corner of allotment number three aforesaid; thence on the east by the eastern boundary line of allotment number three aforesaid, being a fenced line bearing northerly one hundred and seventy-three feet seven inches more or less to Pennant-street; and thence on the north by that street bearing westerly one hundred and thirty-nine feet more or less to the commencing point, being the whole of the land on the south-side of Pennant-street originally granted to George Thornton, by Crown grant, dated second October, one thousand eight hundred and fifty-eight, and also the eastern portion of the land originally granted to Matthew Anderson, by Crown grant, dated nineteenth April, one thousand eight hundred and thirty-nine.","sortOrder":8}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The core purpose—incorporating the Council and vesting specified school property—remains. However, the Act has been amended and several sections repealed (see notes to ss 1, 3, 4 and ss 5–13), so procedural or additional provisions in the original statute were removed or altered. Key present constraints are the non-automatic vesting of named scholarship endowments (requiring deeds from the Bishop or the Church of England Property Trust) and the statutory limits on how sale/mortgage/debenture proceeds may be used (s 2; s 4)."},"complexity_factors":["Statutory incorporation and broad corporate powers (s 1) create standard governance and contracting authority but are conceptually simple.","Vesting clause (s 2) transfers specific land and ‘other property’ to the Council, with express exceptions for named scholarship endowment funds.","Conditional assignment mechanism: scholarship endowments may be vested only by deed from the Bishop of Sydney or by the Church of England Property Trust (s 2), adding an external approval step.","Restrictive investment/use rule for proceeds of sale, mortgage or debenture (s 4) limits disposal flexibility to three enumerated purposes.","Detailed cadastral land descriptions in Schedules A and B require title-level attention for implementation and conveyancing.","Multiple repeals and amendments noted in the text (ss 3, 5–13 repealed; amendments to ss 1 and 4) mean current effect differs from the original printed Act, requiring attention to legislative history."],"plain_english_summary":"This Act creates the Council of the King’s School as a corporate body with perpetual succession and powers to hold, contract, sue and be sued, and to take and dispose of property. It vests specified parcels and other property used for the school in the Council (Schedules A and B list land). Scholarship endowments are not automatically vested but may be assigned to the Council by the Bishop of Sydney or the Church of England Property Trust. Money from sales, mortgages or debentures must be applied only to buying NSW land for the school, building permanent improvements, or the school’s general endowment."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original Act appears to have been substantially larger, with sections 3 and 5-13 all repealed by 1923. What remains is the core incorporation and property-holding framework, suggesting the original scope included additional governance or operational matters that were later removed, possibly because they became obsolete or were superseded by other legislation. The Act has shrunk rather than grown, narrowing to its essential property-management functions."},"complexity_factors":["Archaic drafting style using 19th-century legal terminology ('hereditaments,' 'chattels real,' 'demise,' 'alien')","Extremely detailed land descriptions in schedules using obsolete measurement units (chains, links, perches, roods)","Conditional logic in section 2 regarding scholarship funds — creates a two-tier property transfer system","Nested provisos in section 2 with multiple parties (Bishop of Sydney, Church of England Property Trust) having separate transfer mechanisms","Specific restrictions on use of proceeds in section 4 creating a closed loop of permitted investments","Cross-references to external documents (deeds, grants, indentures from 1845, 1858, 1839, 1891) that aren't reproduced in the Act","Numerous repealed sections (sections 3, 5-13) indicating the Act has been significantly pruned over time"],"plain_english_summary":"**What this legislation does:**\n\nThis Act creates a legal body called the **Council of the King's School** and gives it the powers of a corporation (a legal entity that can act like a person in law). Before this Act, the Council members existed but weren't formally recognised as a single legal entity.\n\n**Key things the Council can now do:**\n- **Own property permanently** — land, buildings, and other assets can be held in the Council's name forever (or for set periods)\n- **Buy and sell property** — though with some restrictions on how sale proceeds must be used\n- **Enter contracts** — make legally binding agreements\n- **Sue and be sued** — take legal action or defend itself in court\n- **Borrow money** — by issuing debentures (a type of loan certificate) or mortgaging property\n- **Use a common seal** — an official stamp that makes documents legally binding\n\n**What property is involved:**\nThe Act transfers specific parcels of land in Parramatta, NSW, to the Council (described in painstaking detail in Schedules A and B — down to the chain and link measurements). It also transfers any other property that was held in trust for the school.\n\n**Important exceptions:**\n- **Scholarship funds are protected** — the \"Broughton,\" \"Broughton and Forrest,\" \"Burton,\" and \"Macarthur\" scholarship endowments don't automatically transfer. Instead, the Bishop of Sydney and the Church of England Property Trust can choose to transfer them later by formal deed, and only if they keep the original rules about how those scholarships must be used.\n\n**Restrictions on selling land:**\nIf the Council sells land or borrows against it, the money must be reinvested in:\n- Buying other NSW land for the school\n- Building permanent structures on Council land\n- General school purposes and endowment\n\n**Who it affects:**\nThe King's School (an independent school in Parramatta), its governing Council, and anyone dealing with the school's property or finances.\n\n**Why it matters:**\nThis is a classic 19th-century \"private Act\" that solved a practical problem: the school needed a legal vehicle to own and manage property properly. Without incorporation, the Council members could only hold property as individuals or trustees, which created legal headaches. This Act gave the school permanent institutional continuity — the Council continues even as individual members come and go."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1893 Act was enacted solely to incorporate and govern The King's School Council. The 1923 amendments brought it within the ambit of Church of England trust property law, broadening its connection to Anglican ecclesiastical property frameworks beyond simple school governance. This represents a modest but meaningful expansion of its legal scope, linking it to a broader religious trust property regime."},"complexity_factors":["Historical Private Act dating from 1893, requiring knowledge of 19th-century legislative drafting conventions","Intersection with Church of England trust property law (1923 amendments), adding an ecclesiastical law dimension","Limited text available for analysis — only metadata and status information provided, not the substantive provisions of the Act itself","Multiple historical versions requiring point-in-time interpretation","Narrow scope as a Private Act limits complexity — it governs one institution only"],"plain_english_summary":"This private Act incorporates the King's School Council, giving it corporate legal status to own property, enter contracts and govern The King's School, reflecting historic Church of England trust ties. \n\nIt mainly affects the Council and the school's administration, not the general public, and has been in force since 1893 (current form from 1963)."}},"importantCases":[],"_links":{"self":"/api/acts/king-s-school-council-act","history":"/api/acts/king-s-school-council-act/history","analysis":"/api/acts/king-s-school-council-act/analysis","conflicts":"/api/acts/king-s-school-council-act/conflicts","importantCases":"/api/acts/king-s-school-council-act/important-cases","documents":"/api/acts/king-s-school-council-act/documents"}}