Mackay School of Arts Land Sale Act of 1910 (1 Geo v) (Qld)

10212 SCHOOLS OF ARTS. Mackay School of Arts Land Sale Act. 1 GEO. V., Application 4. Upon receipt of the money realised by such sale, of proceeds. the Trustees shall, in the first place, pay the reasonable expenses of such sale and the costs, charges, and, expenses of and attending the applying for and obtaining and passing of this Act; and shall, in the next place, deposit the remainder of the purchase moneys in the Queensland National Bank, Limited, at Longreach, and shall not withdraw the same or apply any part thereof for any purposes except for the purchase of another parcel of land and for defraying the cost of erecting thereon and furnish- ing and equipping buildings suitable for the purpose of a School of Arts. And the Trustees shall bold the lands and property so to be purchased and acquired upon the trusts declared in the said recited Deed. of Grant to all intents and purposes as though the said land had been thereby granted to them. 1 Geo. V. An Act to Enable the Trustees of the Mackay School THE MACKAY SCHOOL OF of Arts to Sell or Mortgage the Land comprised ARTS LAND SALE ACT OF in Deed of Grant No. N8060, being Allotment 3 1910. of Section 28, Town of Mackay, and to Apply the Moneys so raised towards the Improvement of the said Land and for other incidental purposes. [ASSENTED TO 13TH DECEMBER, 1910.] Preamble. W HEREAS by a deed of grant dated the fifteenth day of April, one thousand nine hundred and ten, and numbered N6060, all that parcel of land in the State of Queensland, containing two roods, be the same more or less, situated in the county of Carlisle, parish of Howard, town of Mackay, being allotment three of section twenty- eight (hereinafter referred to as the "said land "), and more particularly described in the said deed of grant, was granted to David Hay Dalrymple, Robert Fleming, and William George Hodges, all of Mackay aforesaid, upon trust for a School of Arts, and for neother purpose whatsoever: And whereas it is expedient that the Trustees should be empowered to sell and dispose of oi mortgage the whole ar any part of the said allotment, together with the buildings erected thereon, and with Or without any right- of-way to any portion sold, and to use the proceeds of the moneys so raised towards the erection of additions and

SCIT001;S OF ARTS. 10213 1910. Mackay School of Arts Lana Sale Act. improvements to the building on the said land and known as "Mackay School of Arts," or the purchase of another .convenient portion of land within the county, parish, and town aforesaid, and the erection of a new School of Arts thereon, to be used for the purposes of the said trust: And whereas it is anticipated that the revenue to be derived from such building will be sufficient to provide the interest due from time to time in respect of any such mortgage moneys, and to repay such mortgage moneys at the due date thereof: And whereas it is desirable that the aforesaid powers should be conferred upon the said Trustees subject to the conditions by this Act prescribed: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legis- lative Assembly of Queensland, in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as " The Mackay School of short title. Arts Land Sale Act of 1910." 2. In this Act the term "the Trustees" means and Interpreta- includes the said David Hay Dalrymple, Robert Fleming, tion. and William George Hodges, and their s.uccessors in office, who for the time being are Trustees of the said land. 3. With the consent of the Committee of Manage- Power to sell ment of the Mackay School of Arts for the time being, and convey. testified in writing under the hands of the members of the said • committee or of a majority of them, the Trustees Shall be empowered at any time after the passing of this Act to sell the said piece or parcel of land or such part or portion thereof as the Trustees may consider advisable, together with the buildings erected thereon, in one or more lots by public auction or private contract or both said modes of sale, and either for cash or credit or partly for cash and .partly for credit; and on payment of the said purchase money into the hands of the Trustees they shall convey the land as aforesaid to the purchaser or pur- chasers, and such conveyances shall be valid and effectual in law or equity for all purposes whatsoever, anything contained in "The Trustees of Public Lands Act of 1869 "* to the contrary notwithstanding. 4. In the case of a sale by auction due notice ,thereof sale by shall be given in one or more newspapers published at auction ' * 33 Vic. No. 2, supr a, page 1709; but see now " The Land Act of 1910" (1 Geo, V. No. 15), s. 185, supra, page 9740.

10214 salons OF ARTS. Mackay School of Arts Land Sale Act. 1 GEO. V., Mackay aforesaid at least fourteen days before the date of such sale, and it shall be lawful for the Trustees to insert any special or other stipulations in any conditions of sale as they shall think fit, and also to buy in such land or any part thereof at any sale by auction, and to rescind or vary any contract for sale, and to resell the said land which shall be so bought in or as to which the contracts shall be so rescinded. Trustees may mortgage. 5. (1.) The Trustees may mortgage the said land for any sum or sums of money not exceeding in the whole two thousand pounds and in such manner as may be. decided by the Committee of Management of the Mackay School of Arts for the time being, testified in writing under the hands of the members of the said committee or of a majority of them. Mortgage may contain (2.) Every mortgage may contain a power of sale by power of sale, the mortgagee, his executors, administrators, and assigns in case of default of payment of any principal or interest moneys secured by such mortgage or a breach of any of the conditions therein contained. 6. All moneys raised by any such sale or mortgage shall be expended in the following order so far as the same extend, that is to say in payment of — A pplication of proceeds of sale or mortgage. (a) The reasonable expenses of and attending such sale or mortgage; (b) The costs of applying for, obtaining, and passing this Act; (0) The cost of the erection of additions and im- provements to the building known as the "Mackay School of Arts" on the said land, or in the purchase of another allotment or allot- ments of land in a convenient situation, and the erection of a building to be called the "Mackay School of Arts." thereon; (c1) The liquidation of the debentures now existing to the extent of the sum of seven hundred and fifty pounds, together with the interest thereon; (e) The cost of all necessary furniture and fittings for such building.

SCHOOLS OF ARTS. 10215 1910. Mackay School of Arts Land Sale Act. 7. The Trustees shall hold the land and property so Trustees to to be purchased and acquired as aforesaid upon the trusts ancolduilracy declared in the said recited deed of grant to all intents and q ' purposes as though the said land had been thereby granted to them. 8. The receipts in writing of the Trustees for any Trustees' moneys paid or advanced to them in respect of any such Tscoi0Pa's th be mortgage shall be a good and sufficient discharge for such discharge. moneys to the person or persons paying or advancing the same; and he or they shall not be required to see to the application nor be affected by the misapplication or non-application thereof. SOUTH BRISBANE LOAN. See LOCAL GOVERNMENT. TOVETNSVILLE HARBOUR BOARD. See HARBOURS AND BITERS.