Pittsworth Soldiers Memorial (Application of Funds) Validation Act of 1929 (20 Geo v No. 34) (Qld)

PATRIOTIC FUNDS. 20 GEO. V. No. 34, 1929. Pittsworth Soldiers Memorial, Etc., Act. 12811 PATRIOTIC FUNDS. An Act to Enable Certain Moneys raised by Certain 20N ~ ~ ~ / . Residents of Pittsworth, in the State of THE Queensland, for the purpose of Establishing a P~ ~ : S~ ~ : : H Public Hospital at that Place, to be Diverted ~ : ~ ~ ~ ~ ~ ~ from such purpose and to be Transferred to a : : ~ : D~ ) Body known as the Pittsworth Soldiers A V O A T LI O D F A 1 T 9 IO 2 N 9. Memorial Committee, and to be Applied for the Purpose of Assisting in the Erection of a Soldiers Memorial School of Arts, also to Enable the Sale of Land acquired for the purpose of the Site for such Hosp~ tal to be Effected and the Proceeds of such Sale to be also Applied for the purpose of Assisting in the Erection of the said School of Arts, and for other purposes. [ASSENTED TO 23RD DEOEMBER, 1929.] l"XTHEREAS in the year one thousand nine hundred Preambl~. l'l' and eleven a movement was inaugurated in Pittsworth in the State of Queensland for the collection of moneys in order to establish a Public Hospital at that place: And whereas a Committee was appointed and subscriptions were duly received for the object indicated: And whereas Messrs. Henry Keefer, Henry Taylor Macfarlane, and Denis Vincent Hannay were appointed Trustees of the Funds so collected and were authorised by such Committee to purchase a site for the said proposed Hospital: And whereas a site for the said proposed Hospital was duly purchased by the said Messrs. Henry Keefer, Denis Vincent Hannay, and Henry Taylor Mac~ arlane, on behalf of such Committee, being the land described in the Schedule: And whereas subsequently the proposal to establish a Public Hospital was not proceeded with: And whereas as a result of the decision of a meeting of the subscribers to the Fund aforesaid the balance of

12812 PATRIOTIO FUNDS. Pittsworth Soldiers Memorial, Etc., Act. 20 GEo.No. 34, such moneys were banked in the Union Bank of Australia Limited, Pittsworth, on fixed deposit in the names of- John George Brown (since deceased), Henry Keefer, and Denis Vincent Hannay, the account being styled "Pittsworth Hospital Fund Trustees, but in the absence of any authority treated by the Bank as a joint account of which the remaining parties Messrs. Keefer and Hannay have full power to deal with " : And whereas a body known as the Pittsworth Soldiers Memorial Committee has requested that such Fund should be diverted from the purpose as originally proposed and be applied towards the assisting in the erection of a Soldiers Memorial School of Arts being built at Pittsworth by such Committee: And whereas a public meeting was held in the year one thousand nine hundred and twenty-eight, when a resolution was passed unanimously approving of the diverting of the funds above referred to from the original purpose aforesaid and the transferring of such moneys to the Pittsworth Soldiers Memorial Committee and the applying of same by such Committee for the purpose of assisting in the erection of the Soldiers Memorial School of Arts referred to: And whereas also it is desirable that the land pur- chased for the site of the proposed Hospital be sold and the proceeds of sale thereof be transferred to the said Pittsworth Soldiers Memorial Committee and applied by such Committee for the purpose of assisting in the erection of the Soldiers Memorial School of Arts referred to: And whereas legislative sanction is necesBary to be obtained before such diversion, transfer, and application of such funds or transfer and application of the proceeds of sale of the said land as aforesaid can be legally effected: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title. 1. This Act may be cited as "The Pittsworth Soldiers Memorial (Application of Funds) Validation Act of 1929."

PATRIOTIC FUNDS. ------------- -- ~ - - - - . - - - - - - - - - - . - . - - - 1929. Pittsu:orth Soldiers Memorial, Etc., Act. 12813 2. In this Act the expression "the Trustees of the Interpreta- Fund" means and includes the said Henry Keefer, Henry tion. Taylor Macfarlane, and Denis Vincent Hannay, and any two of them, and/or each or either of them and their successors. 3. (1.) It is hereby declared that full power andA:uthority to authority is granted to the Trustees of the Fund as set dIVert funds. forth in the Preamble to this Act to divert the moneys amounting to the sum of four hundred and ninety-five pounds more or less, together with any accrued interest standing to the credit of the said Fund, in the said Union Bank at Pittsworth from the original purpose of establish- ing a Public Hospital at that place, and to transfer such moneys to the body known as the Pittsworth Soldiers Memorial Committee for the purpose of being applied in assisting in the erection of a Soldiers Memorial School of Arts at Pittsworth. (2.) It is hereby further declared that full power and Power of authority is granted to the said Union Bank to enable ~ a~ to the moneys standing banked to the credit of the Fund (as r:o~ e; : .er set forth in the Preamble) to be withdrawn by the Trustees of the Fund and handed over to the Trustees of the Fund in order that the Trustees of the Fund shall be enabled to pay over such moneys to the Pittsworth Soldiers Memorial Committee. (3.) The Trustees of the Fund shall pay over the Payment of moneybs sthanding to the credi~ of such FSund and hfandhed ~ ~ ~s~ ~r~ ~ over y t e Bank as aforesaId to the ecretary or t e Soldiers time being of the Pittsworth Soldiers Memorial Com- Memorial mI· ttee or t 0 some person appom. t ed by sueh CommI·ttee Committee. to receive the same on its behalf. (4.) The receipt of such secretary or such person Receipt of appointed as aforesaid for such moneys shall be a good secretary a and sufficient discharge, and the Trustees of the Fund ~ ~ ~~ i~~ ~ shall not thereafter be liable or accountable therefor discharge. or be bound to see to the application or appropriation thereof. (5.) All such moneys so received by the secretary Application for the time being of the Pittsworth Memorial Committee b f moneys or such person appointed as aforesaid shall be applied plttsworth for the purpose of assisting in the erection of the Soldiers Memo~ ial Memorial School of Arts, Pittsworth, and for no other CommIttee. purpose whatsoever.

12814 PATRIOTIC FUNDS. Pittsworth Soldiers Memorial, Etc., Act. 20 GEO. V. No. 34. ~ - - ~ ~ . - ~- ~-~ -- - -- - -- Power of 4. (1.) It is hereby declared that the Trustees of the ~ ~ ~ ~ : ~ to Fund shall have power and authority to sell their rights being and interests in the land referred to in the Preamble, foorrigpinroapl ossiteed particulars . w . hereof are set forth in the Schedule ' which Hospital. land was orIgmally purchased by the Trustees of the Fund Schedule. for the purposes of a site for the proposed Pittsworth Public Hospital (which proposition was afterwards 'abandoned as hereinbefore set forth). Manner of sale. (2.) Such sale of the said land may be effected either by public auction or private contract or both such modes of sale, and either for cash or on credit ·or partly for cash and partly on credit. Application (3.) Upon receipt of the money realised by such ooff sparloec. eeds sale as aforesaid, the Trustees of the Fund in the first place shall pay the reasonable expenses of such sale, and any attendant costs, charges, and expenses which may occur in effecting the due transfer of the land to the purchaser.· . In the next place the Trustees of the Fund shall pay over the remainder of the purchase moneys as received from time to time by the purchaser concerned to the secretary for the time being of the Pittsworth Memorial Committee or to some person appointed by the Committee to receive the same on its behalf. Receipt of (4.) The receipt of such secretary or such person sec~etsry . appointed as aforesaid for such moneys, being the !~ d : u~ ~ fe~ ! proceeds of such sale, shall be a good and sufficient discharge. dirscharge, and the Trustees of the Fund shall not there- after be liable or accountable therefor or be bound to see to the application or appropriation thereof. Application (5.) All such moneys, being the proceeds of such ooff sparloecbeeyds sale, so received by the secretary of the Pittsworth Pittsworth Memorial Committee or such person appointed as afore- CMoemmmoriitatel e. said shall be applied for the purpose of assisting in the erection of the Soldiers Memorial School of Arts, Pittsworth, and for no other purpose whatsoever. No action 5. No action, indictment, information, or other ~ av~ ! ment, proce~din~ shall ~ e commenced, presented, prosecuted, committee, or mamtamed agamst the Government of Queensland or ~ r tlJs~es of against the Committee appointed in the first instance un, c. for the purpose of raising moneys to establish a Public Hospital (which proposition was abandoned as set forth aforesaid) or against the Trustees of the Fund, or against

PATRIOTIC FUNDS. 1929. Pittsworth Soldiers Memorial, Etc., Act. the said Bank or any officer thereof, or against the Pittsworth Soldiers Memorial Committee or against the secretary for the time being thereof or such person appointed by the Committee as aforesaid, whether for or in respect of the diversion of the Fund from the original purpose of establishing a Public Hospital at Pittsworth, to or for the purpose of transferring the Fund to the Pittsworth Soldiers Memorial Committee and applying the moneys of the Fund for the purpose of assisting in the erection of a Soldiers Memorial School of Arts at that place, or for or in respect of the action of the Trustees of the Fund in selling the land which was originally purchased as for a site of the proposed Public Hospital at Pittsworth and transferring the proceeds of such sale to the Soldiers Memorial Committee to be applied in assisting in the erection of a Soldiers Memorial School of Arts at that place, or' against any purchaser of the said land. And moreover all such acts and things done or to be done for the purpose of effecting such diversion, transfer, and application of the said Fund, or diversion, transfer, and/or application of moneys being the proceeds of sale of the land as aforesaid are hereby declared to be valid and effectual for all purposes, and are hereby approved, ratified, and confirmed. 12815 SCHEDULE. Description of Land. Subdivision A of resubdivision 2 of subdivision 52 and of Preamble subdivision 51 of portion 3787, county of Aubigny, parish of Rolleston, SGetiofl 4. containing five acres more or less. Commenc;ng at the north-west corner of resubdivi8ion I of subdivision 52, and bounded thence on the east by that resubdivision and a line bearing one hundrcd and eighty degrees nine chains ninety-nine and seven-tenths links, on the south and west by lines bearing two hundred and seventy degrees five chains, and bearing three hundred and sixty degrees ten chains and three-tenths of a link, and on the north by a road bearing nincty degrees two minutes five chains to the point of commencement, being part of the land contained in Certificate of Title No. 189248, volume 1133, folio 238. PITTSWORTH SOLDIERS MEMORIAL. See PATRIOTIC FUNDS.