Albany Mechanics Institute Land Act 1884 (WA)

WESTERN AUSTRALIA

ANNO QUADRAGESIMO OCTAVO

VICTORLE REGINYE

No. 17

An Act to vest certain lands belonging to the Albany Mechanics' Institute in new Trustees, to enable the Trustees of the said Institute to raise Money on Mort- gage of the same. [Assented to 13th September, 1884.

HEREAS by a certain Deed Poll or Grant from the Crown,

WDecember One Thousand Eight Hundred and Sixty-nine, His Excel-duly executed, and bearing date the Twenty-first day of

lency Frederick Aloysius Weld, the then Governor of Western Australia, did give and grant unto Henry Camfield, George Edward Egerton Warburton, and the Reverend Alexander Kyle Macsorley, and to their heirs and assigns for ever, a certain piece of land in the town of Albany aforesaid, called and known as Albany Town Lot No. 187; And whereas such land was so granted to them as Trustees for the Albany Mechanics' Institute, and the building known as the Albany Mechanics' Institute has since been erected thereon ; And whereas Henry Camfield, one of the said Trustees, is long since dead, and Alexander Kyle Macsorley, another of said Trustees, has since left the said Colony, and the said George Edward Egerton Warburton is desirous of being relieved of said Trusteeship ; And whereas the members of the said Institute have duly passed certain rules and regu- lations for the conduct and government of the same, and under and by virtue of such rules and regulations Cecil Rogers, surgeon, George Hopkins Broomhall, district postmaster, and Frank Rawlings Dymes, barrister-at-law, all of Albany aforesaid, have been appointed Trustees of the said Institute, in place of the said Alexander Kyle Macsorley and George Edward Egerton Warburton, and it is desirable that the said land, hereditaments, and premises should be vested in the said Cecil Rogers, George Hopkins Broomhall, and Frank Rawlings Dymes as such Trustees as aforesaid, and that the Trustees of the said Insti- tute should be empowered to raise money for the purposes hereafter mentioned by mortgage of the said land, hereditaments, and premises

48 VICTORI. No. 17

Albany Mechanics' Institute

Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :-

1. The said land, hereditaments, and premises known as Albany Laud to vest hi

Town Lot No. 187 shall, by virtue of this Act and from and after the Mgr hall, and Frank Rawlings Dymes, their heirs and assigns for ever, in InstItutepassing thereof, vest in the said Cecil Rogers, George Hopkins Broom- Mechanics'

trust for the sole purposes of the said institute.

2. It shall be lawful for the said Cecil Rogers, George Hopkins Trustees enabled

Broomhall, and Frank Rawlings Dymes, the trustees aforesaid, and the otchtstethill°"(7

survivors and survivor of them and the heirs and assigns of such survivor

or the person or persons for the time being in whom the said land may

be vested, with the concurrence of three-fourths of the members of the

said institute present and voting at a properly constituted meeting of

the members of the said institute, and with the consent in writing of

the Governor for the time being of the said Colony, acting with the

advice of the Executive Council, to borrow and take up at interest any

sum or sums of money on security of the whole or any portion of the

said land, hereditaments, and premises, for the purpose of additions or

alterations to the said building or buildings for the time being thereon

or for the erection of any new building or buildings, and, with the

consent and concurrence aforesaid, by a deed or deeds from time to

time, for the purposes aforesaid or any of them, to mortgage the said

land, hereditaments, and premises, or any portion thereof, in fee simple

or for any term or terms of years as security to the person or persons

advancing the amount of such loan and either with or without a power

of sale and leasing respectively in case of default being made in the

payment of the principal and interest moneys, at the time or times

therein to be appointed for the payment thereof respectively, and with

or without a power of distress and such other and accompanying

powers, clauses, and provisions as shall be deemed expedient, and to

give receipts for the money so to be advanced ; and the said land,

hereditaments, and premises so to be mortgaged shall thenceforth be

held and enjoyed by the mortgagee or mortgagees thereof, his, her, or

their heirs, executors, administrators, and assigns, freed and absolutely

discharged from the trusts to which the same may for the time being

be subject.

3. No covenant, proviso, or other matter or thing contained in any Liability of such mortgage deed or deeds or in this Act shall be deemed or con- 'tgag' strued to impose on the mortgagor or mortgagors, his, her, or their

heirs, executors, administrators, or assigns, any personal responsibility for the repayment of the moneys advanced or of any interest to accrue due thereon.

4. Nothing hereinbefore contained shall be deemed or construed to pm-chaser or

make it necessary for any purchaser or mortgagee to inquire whether truritliageselet

the concurrence of the members of the said institute as aforesaid in the application

any such loan has been duly and regularly obtained, or whether the 12.a7,Z

said power of sale and mortgage were duly and regularly exercised, or

in anywise to see to the application of any moneys raised under the

authority of this Act, or to inquire into the necessity, regularity, or

propriety of any such mortgage or mortgages, or be affected by notice

48 VICTORI)E. No. 17

Albany Mechanics' Institute

that the same is or are irregular, unnecessary, or improper ; subject

always to the provisions of the next following section.

Mortgage to be 5. That no such mortgage shall be valid unless countersigned as

countersigned by approved by the Governor for the time being of the said Colony, with tbe Governor

the advice of the Executive Council.

F. NAPIER BROOME,

GOVERNOR.