Fitzgerald's Enabling Act (1876 No fea) (NSW)
ANNO TRICESIMO NONO
| VICTORIA | R E G I N E . |
An Act to authorize the Executor of the last
Will of Robert Fitzgerald to pay and the
Trustees of the " Hawkesbury Benevolent
Society" to receive a certain capital sum
of money in lieu of an annual payment.[9th February, 1876.]
| WH E R E A S Richard Fitzgerald late of Windsor in the Colony of New South Wales deceased by his last will and testament | charged all his personal estate of whatever nature and kind soever with |
| the payment of all his debts funeral and testamentary expenses and | |
| legacies and by his said will gave and bequeathed the annual sum of fifty pounds sterling during the life of Robert Fitzgerald the executor | |
| and Trustee of his said will unto the Treasurer as Trustee for the time | |
| being of " The Hawkesbury Benevolent Society" for the use and benefit | |
| of and to be applied towards the charitable purposes of the said Society | |
| and further by his said will requested the said Robert Fitzgerald to | |
| give a like annual sum and secure the payment of the same after his | |
| decease unto the Treasurer or Trustees of the said Society for the like use benefit and charitable purposes And whereas Robert Marsden Fitzgerald is the devisee legatee and executor of the last will and testa ment of the said Robert Fitzgerald deceased And whereas after the death of the said Robert Fitzgerald doubts arose as to the liability of the said Robert Marsden Fitzgerald as such executor to pay to the Trustees of the said Society the annual sum of fifty pounds sterling or to make | |
| provision for securing the annual payment thereof as aforesaid And | |
| whereas in order to remove such doubts a special case was stated for the opinion of the Supreme Court of New South Wales pursuant to the statute passed in the Session of Parliament holden in the sixteenth |
a year year of t he re ign of H e r present Majesty numbered th ree and in t i tu led " An Act to diminish the delay and expense of proceedings in the
Supreme Court in its jurisdiction as a Court of Equity and in Infancy
and Lunacy" A n d u p o n t h e hea r ing of such special case t h e said
Cour t decreed t h a t t he said Robe r t Mar sden Fi tzgera ld as t h e devisee legatee and executor unde r and of t h e will of t h e said Robe r t F i tzgera ld was bound to pay a n d m a k e due provision for and secure t h e p a y m e n t in perpe tu i ty to t he said Society or so long as i t should cont inue of t h e a n n u a l s u m of fifty pounds s ter l ing A n d whereas t h e said R o b e r t Mar sden F i tzgera ld has t aken upon himself t he burden of t he said t r u s t A n d whereas an A c t was passed by t h e Governor and Legislat ive Counci l of N e w South Wales in t h e four th year of t he re ign of H e r presen t Majesty in t i tu led " An Act to enable the Members of a certain Society
in the Colony of New South Wales denominated ' The Hawkesbury
Benevolent Society' to sue and be sued in the name of their Treasurer and for other purposes therein mentioned" as amended by an A c t passed in
t he twen ty - th i rd year of H e r present Majesty in t i tu led " An Act to
amend the Hawkesbury Benevolent Society's Act of Incorporation" A n d whereas by t h e said Ac t s no provision is made for enabl ing t he Trustees or o ther officer or person for a n d on behalf of t he said Society to compound for any debts due or accru ing due to t h e said Society or to accept a capi ta l s u m of money in l ieu of any a n n u a l p a y m e n t due
and accru ing due to t h e said Society A n d whereas since t he m a k i n g of t he said decree doubts have arisen as to t h e power of t he said R o b e r t Marsden Fi tzgera ld as such executor to pay to t he Trustees of t h e said Society and of t h e said Trustees to receive from t h e said R o b e r t Marsden Fi tzgera ld a capital sum to secure t he p a y m e n t of t he a n n u a l sum of fifty pounds sterl ing in l ieu of t he paymen t annua l ly of t he s u m of fifty pounds s ter l ing by t h e said R o b e r t Marsden F i tzgera ld to t he said Society in perpe tu i ty or so long as t he said Society shall cont inue A n d whereas t he said Robe r t Marsden Fi tzgera ld as such executor is wil l ing to pay to t h e Trustees of t he said Society and they are wil l ing to receive from t h e said Rober t Marsden Fi tzgera ld a capi tal s u m of money to secure t h e paymen t to t h e m of t h e said annua l sum of fifty pounds s ter l ing on behalf of t h e said Society as aforesaid A n d whereas t he capital s u m of twelve hund red and fifty pounds is sufficient to secure t h e paymen t of t he said a n n u a l s u m of fifty pounds s ter l ing A n d whereas i t is expedient to remove such doubts and to empower t he said R o b e r t Marsden Fi tzgerald as such executor as aforesaid and t h e said Trustees
respect ively to pay and receive t h a t capital sum for t he purpose afore said Be i t therefore enacted by t h e Queen ' s Most Exce l len t Majesty by and wi th t he advice and consent of t h e Legislat ive Council and Legislat ive Assembly of N e w South Wales in Par l i ament assembled and by t h e au thor i ty of t he same as follows :—
1. I t shall be lawful for t h e said R o b e r t Marsden Fi tzgera ld and he is hereby empowered to pay to t h e Trus tees for t he t ime-being of " The H a w k e s b u r y Benevolent S o c i e t y " t he capital sum of twelve hund red and fifty pounds to secure t he p a y m e n t in perpe tu i ty to t he said Society or so long as i t shall con t inue of t he said a n n u a l s u m of fifty pounds sterl ing.
2. I t shall be lawful for t he Trus tees of " The Hawkesbu ry Benevolent Society" and they are hereby empowered and requi red to t ake and receive from the said R o b e r t Marsden Fi tzgera ld t he capital sum of twelve hund red and fifty pounds in l ieu of the annual paymen t by h im as such executor to t h e m on behalf of t h e said Society of t he said s u m of fifty pounds s ter l ing a n d to secure t he payment in perpe tu i ty to t he said Society or so long as i t shall cont inue of the said a n n u a l s u m of fifty pounds s ter l ing a n y t h i n g in t he Ac t four Victoria n u m b e r
th ree to t h e cont ra ry no twi ths tand ing .
3. The paymen t by the said Rober t Marsden Fi tzgera ld of t he said capi ta l sum to t h e Trus tees of t he said Society shall be an absolute discharge to h im his heirs executors and adminis t ra tors and of t he lands es ta te and effects of h im the said Rober t Marsden Fi tzgera ld his heirs executors and adminis t ra tors and of t h e lands and estate of t h e said R icha rd F i tzgera ld and R o b e r t Fi tzgera ld respectively and shall absolutely release h i m t h e said Rober t Marsden Fi tzgera ld his hei rs executors and adminis t ra tors from all act ion or actions suit or suits claims or demands of any k ind wha tever for or on behalf of t h e said Society in respect of t h e said a n n u a l paymen t by h i m as such executor or otherwise to t h e Treasurer or Trustees for t h e t ime being of the
| said | Society of t he said a n n u a l s u m of fifty pounds sterl ing. |
4 . The receipt of t he Trustees for t he t ime being of t he " H a w k e s
| bury Benevolent Society" of t h e said capi ta l sum from the said | Robe r t |
| M a r s d e n | Fi tzgera ld | shall discbarge t h e m | the i r | heirs executors | and |
| admin is t ra to rs from | all l iabil i ty in respect of | t h e p a y m e n t by t h e | said |
| R o b e r t Marsden Fi tzgera ld to t h e Treasurer or Trustees for | t h e | t ime |
| be ing of t he said annua l s u m of fifty pounds sterl ing. |
5. After t he p a y m e n t by the said Rober t Marsden Fi tzgera ld of
t h e said capi tal sum to t h e Trus tees for t h e t ime be ing of t h e said Society no act ion or o ther proceeding wha tever a t law or in E q u i t y shal l be main ta inab le or commenced against h i m t h e said R o b e r t Marsden Fi tzgera ld bis executors or adminis t ra tors by or on behalf of t h e said Society in respect of t h e non -paymen t by h i m or t h e m to the said Trus tees or Treasurer for t he t ime being for and on behalf of the said Society of t h e said a n n u a l sum of fifty pounds s ter l ing or in respect of t he secur ing t h e p a y m e n t in pe rpe tu i ty by h i m his executors or adminis t ra tors to t h e said Trustees or Treasurer of t he said Society or so long as i t m a y cont inue of the said annua l sum of fifty pounds s ter l ing and if any such act ion or other proceeding shall be commenced in violat ion of th i s enac tmen t t h e same m a y summar i ly be stayed b y order of t h e Supreme Cour t of New South Wales or any J u d g e thereof w i th costs to be paid by t h e plaintiff or any person or persons prose cu t ing or b r i ng ing such act ion or proceeding to t h e said Rober t
| Marsden | F i tzgera ld | his executors a n d | adminis t ra tors w h e n | taxed | as |
| be tween a t to rney and | client. |
6. Provided always and i t is hereby expressly declared t h a t t he
said capi ta l sum shall vest in t h e Trustees for t h e t ime being of t he
said Society only so long as t h e said Society shall con t inue to exist
| A n d w h e n and so soon as t h e said Society shall cease to exist or be | dissolved t h e said capi tal sum shall immediate ly revest in t h e said | |||||
| Rober t Marsden Fi tzgera ld his executors or adminis t ra tors and there- upon he or t h e y shall be enti t led to sue for and recover t he same in any Cour t of competent jur isdic t ion from any person or persons or bodies corporate who m a y then hold or be possessed of or have t he control of t h e said capital sum. | ||||||
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8. This Bil l m a y be cited as t he " F i tzgera ld ' s E n a b l i n g Bil l ." A n
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