Perth Working Men's Association Mortgage Act 1880 (WA)

WESTERN AUSTRALIA.

ANNO QUADRAGESIMO QUARTO

-VICTORIA: REGINA,.

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No. XII.

AN ACT to enable the Perth Working Men's

Association to raise Money on Mortgage.

[Assented to, 8th September, 1880.]

HEREAS by an indenture of conveyance, bearing date the Gallop of the one part, and George Randell, of Perth, Esquire,W

Preamble.

16th day of September, 1815, and made between Richard Stephen Henry Parker, of Perth, Gentleman, and Stephen James Chipper, of Perth, Gentleman (thereinafter called the Trustees) of the other part, all that parcel of land being a portion of " Perth Building Lot W No. 1," containing twenty-six perches, more or less, was for the consideration therein expressed granted and assured to the said Trustees, their heirs and assigns, to the end, nevertheless, that the said hereditaments and premises with all buildings to be erected thereon should be used, occupied, and enjoyed for all the purposes of a society established in Perth, and called the "Perth Working Men's Association," subject to such rules and regulations as Were then in force, or should from time to time be made and passed by the said Association, and for no other use, intent, or

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Perth Working Men's Association Mortgage Act.

purpose whatsoever ; And whereas the said Association has con- tracted for the purchase of another portion of the said building lot adjoining the above mentioned parcel; And whereas the said Association has contracted for the erection upon the said lands of a suitable building for the purposes of the said Association, and in order to raise moneys for the payment of the construction of the said building it is deemed advisable to empower the said Trustees to grant a mortgage of the said lands, hereditaments, and premises,b and of any other lands and hereditaments Which the said Association may purchase or acquire: 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:—

Trustees of Perth WorkingI. IT shall be lawful for the said George Randell, Stephen Henry

mortgage its lands. survivors and survivor of them, and the heirs and assigns of such Men's Association may Parker, and Stephen James Chipper, the trustees aforesaid, and the

survivor, or other the persons or person for the time being in whom the said lands, hereditaments, and premises, or any other lands or hereditaments purchased by or on behalf of or vested in trustees in trust for the said Association, are or --May be from time to time vested, by a deed or deeds from tune to time to mortgage the same lands, hereditaments, and premises, or any of them, or any part thereof, in fee simple, or for any term or terms of years, for any sum or sums of money, and in such manner as they or he 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 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 lands, 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 absolutelydischarged. from the trusts to which the same may for the time being be

subject.

tained•Committee to be first ob- only upon the consent and by the direction of the Chairman of the Consent of Chairman of 2 THE powers by this Act conferred shall be exercisable

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Perth Working Hen's Association Mortgage Act.

Committee of the said Association for the time being testified in

Writing under his hand.

3 NOTHING in this Act contained shall be deemed or con-

strued to make it necessary for any purchaser or mortgagee to Purchaser or mortgagee

inquire whether the Chairman of the Committee of the said need.

make no inquiry.

Association for the time being giving the aforesaid consent and direction was duly or regularly appointed or whether the said powers of sale and mortgage were duly and regularly exercised, or in any wise to see to the application of any money raised under the authority of the said Act, 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.

4 THIS Act may be cited as "The Perth Working Men's Short Title.

Association Mortgage Act, 1880."

In the name and on behalf of the Queen I hereby assent to

this Act.

WILLIAM C. F. ROBINSON, Governor.

By Authority : Itrenamt PETHER, Government Printer, Perth.