Freemasons, mortgage power (1866) (WA)

30 VICTORIA No. 11

Freemasons (Perth)

WESTERN AUSTRALIA

ANNO TRIGESIMO

VICTORIA; REGINA:

No. 11

An Ordinance to enable the Trustees of the Freemasons' Lodge of St. John, No. 485, to grant a mortgage on the 'Perth Building Lot B 15.'

[Assented to 25th September, 1866.

Preambl e

HEREAS by a certain deed of grant duly executed and bearing

date the eighteenth day of March, one thousand eight hundred

and sixty-one, His Excellency Arthur Edward Kennedy, Governor of

the said Colony, did under and by virtue and in pursuance of the power

and authority in him vested, give and grant unto Nathaniel Howell,

Walter Padbury and Benjamin Mason and to their heirs for ever a

certain piece or parcel of land situate and being in the city of Perth,

containing twenty-eight perches more or less and marked and dis-

tinguished in the maps and books of the Survey Office of the said

Colony as Perth Building lot B 15' ; bounded on the north by one

chain forty links of Howick Street ; on the east by Perth Building lot

B 4, measuring one chain twenty-three links ; on the south by a public

reserve measuring one chain forty links ; and on the west by one chain

twenty-three links of Perth Building lot B 2 : And whereas by a paper

writing dated on or about the fourteenth day of December, one thousand

eight hundred and sixty-five, purporting to be signed by the said

Nathaniel Howell, Walter Padbury and Benjamin Mason, it was

declared that the said grant was made to them as office-bearers of the

Lodge of Freemasons No. 485, and for the general purposes of the

Brethren of the Craft, as authorised and constituted by the warrant of

their Grand Master and not for their private benefit and advantage ;

and whereas by indenture made on or about the fifteenth day of

December, one thousand eight hundred and sixty-five, between the said

Nathaniel Howell, Walter Padbury and Benjamin Mason and Frederick

Palgrave Barlee for reasons therein particularly mentioned, the said

Nathaniel Howell, Walter Padbury and Benjamin Mason did grant,

bargain, sell and release to the said Frederick Palgrave Barlee and his

heirs, the said land, hereditaments and premises nevertheless to the use

of the said Walter Padbury and Benjamin Mason, their heirs and assigns

for ever ; and whereas the Master, Officers and Brethren of the said

Lodge of Freemasons have agreed that a suitable building for the

purposes of the said Lodge should be erected upon the said land,

hereditaments and premises hereinbefore mentioned ; and whereas a

large sum of money has already been expended in erecting the said

building and it would be beneficial to the public and tend to improve

the general appearance of the neighbourhood, if the said Lodge of

Freemasons were enabled to complete the said building, and for that

30 VICTORIJE. No. 11

Freemasons (Perth)

purpose that the said trustees should be empowered to grant a mort- gage of the said lands, hereditaments and premises, but the same cannot be effected without the aid and authority of an Ordinance of His Excellency the Governor with the advice and consent of the Legislative Council : Be it therefore 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 :-

Mason, the trustees aforesaid and the survivor of them and the heirs 12 ."J", :fa% 1. It shall be lawful for the said Walter Padbury and Benjamin Trustees of Free

and assigns of such survivor or the person or persons for the time being to r aise money

in whom the said lands, hereditaments and premises are vested by a Imids

deed or deeds, from time to time to mortgage the same in fee simple

or for any term or terms of years for any sum or sums of money, and

in such manner as he or they may think fit ; and to assure the said

lands, hereditaments and premises so to be mortgaged to the mortgagee

or mortgagees thereof, his, her or their heirs or assigns, or to demise

the same to such mortgagee or mortgagees, for any term of years, 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 and assured or demised 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.

2. The powers by this Ordinance conferred shall be exercisable only upon the consent and by the direction of the Master and Wardens for	cisable on con-Power exer-
sent of Master
the time being of the said Lodge of Freemasons, testified in writing	of Lodge
under their hands.
3. Nothing in this Ordinance contained shall be deemed or con- strued to make it necessary for any purchaser or mortgagee to inquire	Mortgagee or purchaser not
bowel to see to
whether the officers of the said Lodge of Freemasons for the time	the applicationof money
being, or any of them giving the aforesaid consent and direction,	advancea
were duly or regularly appointed, or whether the 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 the said Ordinance, or to inquire into the necessity, regularity or propriety of any such mortgage or mortgages, or be affected by express notice that the same is or are irregular, unnecessary or improper.

J. S. HAMPTON,

GOVERNOR AND COMMANDER-IN-CHIEF.