Newcastle and Northumberland Benevolent Society Dissolution Act 1955 (NSW)

NEWCASTLE AND NORTHUMBERLAND BENEVO­

LENT SOCIETY DISSOLUTION ACT.

An Act to provide for the dissolution of the Elizabeth ii.

Newcastle and Northumberland Benevolent Society; to vest the assets of the said Society in trustees for sale and realisation; to define the powers, authorities, duties and functions of such trustees; to provide for the disposition of the proceeds of sale and reahsation; and for purposes connected therewith. [Assented to, 29th November, 1955.]

“ Society” ) is an unincorporated association having for

W HERE AS the Newcastle and Northumberland Benevolent Society (hereinafter referred to as the

its objects the relief of the wants of the poor, distressed, and aged and the establishment and maintenance of an asylum for the aged and destitute of both sexes, a ternporarj ̂ home for homeless and friendless children, cottage homes for aged couples and a lying-in hospital: AND WHEREAS by the rules of the said Society it is provided that every annual subscriber of half a guinea or upwards should be a member of the Society so long as his or her subscription is continued: AND WHEREAS by a Deed of Conveyance dated the fourteenth day of February, one thousand eight hundred and eighty-seven, made between Emma Edwards and Moses Edwards of the one part and Messrs. William Arnott, John Harris and James Cole Ellis of the other part the lands described in the Schedule to this Act were vested in the said William Arnott, John Harris and James Cole Ellis as trustees for the Society: AND WHEREAS the said trustees are all long since deceased and no new trustees have been appointed in their plac'e: AND WHEREAS there are now no financial members of the Societv which has ceased active operations: AND

■ WHEREAS

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Dissolution Act.

Elizabeth II.

WHEEEAS it is expedient to dissolve the said Society and to provide for the appointment of trustees of the lands described in the Schedule to this Act and the building erected thereon and of aii}̂ other property moneys or securities held in connection therewith and to vest the said lands property moneys or securities in such trustees as trustees for sale and realisation and to declare the trusts upon which the same shall be held by such trustees and to define the powers, authorities, duties and functions of such trustees and to provide for the disposition of the proceeds of sale and realisation in manner hereinafter appearing: BE [T THERE­ FORE ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short 1 , This Act may be cited as the “ Newcastle and

title.

Northumberland Benevolent Society Dissolution Act,

1955.”

Interpreta­ 2 . In this Act, unless the context or subject matter

tion. otherwise indicates or requires :—•

“ New Society” means the Newcastle and District Benevolent Society a charitable organisation registered on the fourteenth day of November, one thousand nine hundred and fifty-two under the Charitable Collections Act, 1934-1941.

“ Society” means the Newcastle and Northumber­ land Benevolent Society the unincorporated charitable society mentioned in the Preamble to this Act.

“ trust property” means the lands desci’ibed in the Schedule to this Act and all other property moneys debts or securities belonging to or held on trust for or on behalf of the Society.

“ trustees” means the trustees for the time being

appointed by or in pursuance of this Act.

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Dissolution Act.

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3 . (1) There shall be three trustees for the purposes of this Act.	,i
^

(2) The first three trustees shall be Bertie Clyde

Cadogau of York Street, Mayfield, Pensioner, Francis Eoy Druery of number thirty-nine Newcastle Eoad, Wallsend, Secretary of the Western Suburbs Llaternity Hospital, and Eobert Cox of number two Vera Street, AVaratah, Ambulance Driver.

4 . (1) The Governor may by notification published Appointmenf

in the Gazette appoint a new trustee in the place of any trusts,

trustee in any of the following cases:—

(a) where a trustee dies;

(b)	where a trustee remains out of New South AVales for more than two years;
(c)	where a trustee by letter addressed to the Chief Secretary (i) notifies him that he desires to be discharged from all or any of the trusts or powers reposed in or conferred on him, or (ii) resigns his office;
(d)	where a trustee refuses or is unfit to act in such trusts or powers or is incapable of acting therein;
(e)	where a trustee is removed in pursuance of the power conferred by section five of this Act.

(2) Upon the appointment of a new trustee the trust property shall by virtue of this Act vest in the noAV trustee so appointed jointly with the continuing trustees.

5 . The Governor may remove any of the trustee s Removal of |

referred to in section three of this Act or any trustee	'	'
appointed under section four of this Act. Notification of such removal shall be published in the Gazette.

6 . The Society is hereby dissolved. pissoiuUon ' of Society, \

7. The trust property is hereby transferred to and Vesting of (

vested in the trustees. property, 't

23617—18 8 . * "

546                Newcastle and Northumberland Benevolent Society

Dissolution Act.

Elizabeth II.

8 . Any rights including choses in action arising out of contract tort or otherwise in anywise relating to the trust property which were at the time of the passing of this Act vested in the Society or any person or corporation in trust for it or on its behalf are hereby vested in the trustees and may be exercised by them.

jTruits on.	9 . (1) The trustees shall hold the trust property upon
j^hich trust

Property to	trust to sell dispose of and convert into money such part
10 held.	or parts of the same as shall not consist of money and to get in and realise such part or parts thereof as shall consist of money.
(2) Any such sale may be either for cash or on such terms of credit as the trustees may think lit and for the purposes of such sale or disposal they may accept mortgages or other securities to secure the payment of the whole or any part of the purchase moneys.
(3) The trustees may exorcise all the rights powers or discretions conferred on trustees for sale by the Trustee Act, 1925, or any Act amending the same.

(4) Any mortgages or securities accepted by the

trustees to secure payment of purchase money and the income to be derived from such mortgages and securities shall be held by the trustees for the purposes referred to in sections twelve to sixteen inclusive of this Act.

pProtection 1 0 . No purchaser or other person or the Registrar-

purchasers, pi General upon any sale or other dealing purporting to be made under the powers granted by or under this Act shall be concerned to see or enquire into the necessity for or propriety thereof, or the mode of exercising the same, or be affected by notice that the exercise of the power is unauthorised, irreg;ular, or improper, or be concerned to see to the application or disposition of any purchase money interest or other money paid by him.

Moneys,	1 1 . The moneys (if any) arising from any sale or
from sale,

arising	other dealing purporting to be made under the powers
etc.	granted by or under this Act shall be paid to the trustees and the receipt of the trustees shall be an elective discharge therefor.

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Dissolution Act.

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1 2 . The trustees may repair, alter, add to, pull down, Egpa"i7rf t

rebuild or renew any buildings or structures forming buildings, \

part of the trust property and for such purposes may	■
use any moneys which are or may be in their hands or under their control and may raise on mortgage such sums as may be required for such purposes.

1 3 . (1) The trustees may insure against loss or Insurance. '

damage, whether by fire or otherwise, any insurable property forming part of the trust property and against any risk or liability against which it would be prudent for a person to insure if he were acting for himself.

(2) The insurance may bo for any amount provided that together with the amount of any insurance already on foot, the total shall not exceed the insurable value or liability.

(3) The premiums may be paid by the trustees

out of the income derived from the trust property.

1 4 . (1) The trustees may, out of the moneys Application '

receivable in respect of any insurance policy, rebuild, “ecSved^* 1 reinstate, replace, or repair any property lost or from	1	̂	insurance.	\
damaged.

(2) Any moneys receivable in respect of any

insurance policy not so expended shall form part of the

trust property and be held by the trustees accordingly.

1 5 . The trustees shall be responsible for the care Eesponsi- 1

management control and maintenance of the trust trusteesfor 'i

property pending the sale and realisation thereof to the etc.,

extent only of moneys in their hands or at their disposal prô ierty.	'
for such purposes.

1 6 . The proceeds of such sale disposal and getting in Payment o f

of the trust property after deducting therefrom a 11 , costs charges mortgages encumbrances and commissions New society

in connection with such sale disposal and getting in and	and others.
after payment thereout of all outstanding debts and liabilities of the Society of which the trustees shall have notice before such payment as is hereinafter

mentioned

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Dissolution Act.

EUnbeth II.

mentioned shall bo paid by the trustees to the New Society or to such other charitable associations organisations or funds and in such amounts or proportions as the trustees may think fit and as may be approved in writing by the Chief Secretary.

Discharge to 1 7 . The receipt of the President Secretary or

InoaeTŝ paid Treasurer of the New Society or of any such other

by trustees, charitable association organisation or fund as is

mentioned in section sixteen of this Act shall be a sufficient discharge to the trustees for the moneys so paid by the trustees who shall not be concerned to see to the application or disposition of such moneys.

SCHEDULE.

ALL THAT piece or parcel of land situated in the City and Parish of Newcastle, County of Northumberland and State of New South Wales being part of Lot 43 Section L of the Australian Agricultural Company’s estate, having a frontage of forty-four feet to Parry Street and a depth of ninety-one feet eight inches, be the said dimensions a little more or less, on which is erected a weatherboard cottage, number nine Parry Street.