Randwick Wesleyan Methodist Chapel Enabling Act (1901 No rwm) (NSW)

Î elu 50«tl) ?Hales.

ANNO PEIMO

EDWAEDI V I I EEGIS.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

All Act to validate the appointment of Walter kandwkk

Hamilton McClelland, llobert Dixon Siiipe, meZdiŝ Aukl

0 1 )C (1 Jiibenezer iSewman, Francis Edward ^̂

McLean, Robert Sanmel Callaghan, Clement Bloomfield, Alfred Henry Everingham,Edward William Frees, George Read, and Walter Barnes as trustees of the residue of certain lands situate at Randwiek, near Sydney, iii the State of New South AYales, which said lands were originally granted for the purpose of erecting thereon a Wesleyan Methodist chapel, school- house, and minister’s residence ; to enable the said trustees or other the trustees or trustee for the time being of the said residue to sell

a

Act, 1901.

Randwiek Tf^esleyan Ileihodist Chapel Enabling.

or mortgage the same or any part or parts thereof; to ])i*ovi(le for the application of the moneys arising from any such sale or mort- gageto A"all (late certain mortgages of the said residue ; to proAdde for the appointment of noAV trustees thereof; to  alidate a certain sale and transfer of part of the said lands so granted as aforesaid; and for other purposes incidental thereto or connected thereAvith. [5th November, 1901.]

ricambie.

T X rilE R E A S by tlii’ee several deeds of grant, all bearing date W the twelfth day of June, one thousand eight Imndrcd and

sixty-five, and all under the hand of llis Excellency Sir John Young, Governor of the Colony of Xew South Wales and its Depen­ dencies, and under the seal of the said Colony certain lands, situate at Randwiek, near Sydney, in Yevr South AÂ ales, Avere granted to the Reverend Stephen Rahone, the Reverend George Hurst, the Reverend Benjamin Chapman, and their heirs upon the folloAving trusts, that is to say: As to part tliereof for a AYesleyan Alethodist minister’s residence, as to another part tliereof for a AÂ csleyan Alethodist school- house, and as to another part thereof for a AYesleyan Methodist chajiel, the said lands subject to the said trusts comprising the AA'hole of the lands so granted as aforesaid: And Avhereas the said Reverend Stephen Rahone, the RcAcrend George Hurst, and the Reverend Benjamin Chapman are long since deceasi'd : And whereas part of the said lands Avas duly I’esumed for rail\A'ay purposes, and Avas, on the fourth day of Alarch, one thousand eight hundred and eighty-two, transferred for an estate in fee-simph' to the Commissioner for Railways, appointed under the Act tAventy-second A^ictoria number nineteen by the then trustee of the said lands: And Avhereas another part of the said lands Avas sold, and AA'as, on the clcA'cnth day of Eebruary, one thousand eight hundred and ninety-one, by memorandum of transfer, registered number one hundred and seventy-fiv^e thousand seven hundred and llfty-tAvo, transferred for an ('state in fee-simple by the then trustees of the said lands to the purchaser thereof: And Avhereas on the tAventy-fifth day of June, one thousand eight hundred and ninety-one, the then trustees of the residue of the said lands so granted as aforesaid by memorandum of mortgage, registered number one hundred and eighty-three thousand four hundred and thirty-one, mortgaged part of the said residue of the said lands to secure certain

moneys

Act, 1901.

Mandwick Wesleyan Methodist Chapel JEnabling.

moneys then advanced to them and interest thereon as in the said memorandum provided : And whereas on the twenty-sixth day of August, one thousand cig'ht hundred and ninety-five, tlie tlien trustees of the said residue of the said lands hy memorandum of mortgage, registered numher two hundred and forty-two thousand nine hundred and fifty-seven, mortgaged the tlum residue of the said lands to secure certain moneys tlum advanced and interest thereon as in the said memorandum provided: And whereas new trustees of the said residue of the said lands have from time to time heen appointed, and such appointments have purjmrted to have heen made under the provisions of the Wesleyan Methodist Clmrch Property Trust Act, 1889, and under the provisions of the “ Wesleyan INIetliodist Model Deed of Xcw South M'ales, one thousand eight hundred and eighty-eight,” in the said Act referred to: And whereas lYalter Hamilton McClelland, Eohert Dixon Sippe, Ohed Ehenezer Newman, Prancis Edward iMcLean, lloheil Samuel Callaghan, Clement Bloomtield, Alfred Henry Everingham, Edward William Erccs, George Ptead, and Walter Barnes, having been ai)pointed as aforesaid to he the trustees of the said residue of the said lands, are noAV the registered proprietors and trustees of the said r(!sidue of the said lands, which said residue of the said lands is more ])articularly described in the Schedule hereto; And whereas the said sale and transfer and mortgages Avcrc so made and given for better carrying out the purposes of the trusts upon Avhich the lands so granted as aforesaid were held: And Avherc'as it is expedient that tlie appointment of the said trustees and the said sale, transfer, and mortgages should he made valid and etfectual for all purposes : And whereas the said trustees some time since erected a IVcslcyan IMethodist minister’s residence upon part of the said lands; And Avhereas the said residue of the said lands are not suitable for the purposes for Avhich the same Avere granted : And Avhereas the said trustees liaA’c acc^uired other lands situate at PuandAvick aforesaid, and have erected a Wesleyan Methodist church thereon : And Avhereas certain moneys arc oAving in respect of the purchase of the said lauds last-mentioned and the erection of the said church : And Avhereas it is expedient that the said residue of the said lands so granted as aforesaid should he sold, and that the proceeds to arise from such sale should he ap])lied in satisfaction of the said mortgages and in or toAvards the purchase of other lands eligible for a AYesleyan YIethodist minister’s residence in llandAvick aforesaid, and in or toAvards the erection of such residence or in and about the payment of the moneys so OAving in respect of the said lands already purchased as aforesaid, and the said church or in and about the maintenance of the said church: And Avhcix'as it is also expedient, pending the sale of the said residue of the said lands, to empoAver the said trustees to mortgage the same and also to provide for the appointment of ncAv trustees thereof: Be it therefore enacted

by

Act. 1901.

Randiciclc Wesleyan Methodist Chapel Enabling.

by the King’s Most Excellent Majesty, by and iidth the advice and consent of the Legislative Council and Legislative Assembly of New South M^ales in Parliament assembled, and by the authority of the same, as follows :—

Sale and mortgages . 1. Notwithstanding any defect or invalidity in the appointment

validated.

of the trustees for the time being by whom the sale, transfer, and

mortgages hereinafter mentioned were effected—

(a)	the sale of the lands described in the memorandum of transfer, registered numher one hundred and seventy-five thousand seven hundred and fifty-two, registered in the Lands Titles
Office, Sydney; *
(b)	the mortgage of the lands described in the memorandum of mortgage, registered numher one hundred and eighty-three thousand four hundred and thirty-one, registered as aforesaid ; and

. (c) the mortgage of the lands described in the memorandum of mortgage, registered number two hundred and forty-two thousand nine hundred and fifty-seven, registered as aforesaid;

shall be as valid and effectual as if the said trustees who made and executed such sale, transfer, and mortgages respectively had been duly and validly appointed, and had been duly empowered to make and execute such sale, transfer, and mortgages.

Names of present	2. (1) Notwithstanding any defect or invalidity in the appoint­ ment of Walter Hamilton McClelland, Kobert Lixon Sippe, Obed Ebenezer Newman. Ih ancis Edward McLean, Kobert Samuel Callaghan, Clement Bloomiicdd, Alfred Henry Everingham, Edward William Frees, George Kead, and Walter Barnes to be trustees of the lands described in the Schedule hereto, hereinafter referred to as the “ said lands,” the said persons are hereby declared to be trustees of the said lands, and the appointment of such persons, and each of them, shall bo deemed to have been valid at and from the time of their respective appointments.
trustees declared.
Pov'er.s and duties
of tru tecs.	(2) The trustees mentioned in the next preceding subsection, or other the trustees or trustee for the time being of the said lands hereinafter referred to as the “ said trustees,” shall, from and after the passing of this Act, have the powers hereinafter conferred, and shall hold the said lands, and apply all moneys arising from the sale or mortgage thereof, subject and according to the provisions of this Act.
Power of sale.	3. (1) The said trustees may, with the concurrence of the mortgagv^e or mortgagees for the time being of the said lands, sell and absolutely dispose of the said lands, or any part or parts thereof, by public auction or private contract, and eitlier in one lot or in several lots, as they deem most expedient, at such price or prices as can be

had

Act, 1901. 5

Handwick Wesleyan Methodist Chapel Enabling.

had or obtained for the same, and, when sold, may transfer the same or any part or parts thereof to the purchaser or purchasers in fee- simple freed and discharged from all trusts and encumbrances atfccting the same, or may sell the said lands as aforesaid A\ ithoiit such concurrence, and subject to any mortgage or mortgages existing thereon.

(2) Pending any such sale or sales, the said trustees may raise rower to mortgngc.

money by mortgage of the said lands, or any part or parts thereof, with

or Avithoiit power of sale, or in such manner as they think tit.

(3) Any transfer on any sale, or any mortgage hereby Executing transferor

authorised, purporting to transfer or mortgage the said lands or any part thereof, if duly executed hy a majority of the said trustees, shall be as good, i^alid, and etfectual to and for all intents and purposes as if executed by-all the said trustees.

(4) The receipt or receipts of a majority of the said iieceipis may be

trustees shall in all eases of payment made to them, or any of them, as such trustees, he a full discharge to the person or persons entitled to such receipt or receipts for all moneys therein respectively expressed to have been received, and shall exonerate him or them from seeing to the application of the said moneys and from all liability in respect of the misapplication or non-application thereof.

4.               (1) The said trustees shall stand possessed of all moneys Application of

arising from any and every sale or mortgage as aforesaid upon trust, in the first [)lace, to pay all moneys which have been or may hereafter be secured by any mortgage of the said lands or any part thereof, and as to the balance of the said moneys (if any) arising from such sales or mortgages, or, if there are no moneys so secured by mortgage as aforesaid, or if the sale or mortgage is subject to any existing mortgage, then as to the Avhole of the said moneys arising from any and every such sale or mortgage u])on trust to apply the same in or toAvards any one or more of tlie folloAving purposes—

(a)	the purchase of other lands at EandAvick aforesaid for the purpose of erecting a Wesleyan Methodist minister’s residence thereon and the erection of such residence ; or
(b)	the payment of the moneys OAving in respect of certain lands situate in llac-strect, in IlandAvick aforesaid, purchased for the ei’cction thereon of a Wesleyan Methodist church as aforesaid, and in respect of the cost of the erection of the church already erected thereon as aforesaid; or
(c)	the payment of moneys Avhieh may hereafter become due in re.spect of the maintenance of the said church.

(2) Before applying the money arising from any sale or mortgage as provided hy this section, the said trustees shall have poAver to deduct therefrom the costs and expenses of and incidental to such sale or mortgage and of and incidental to the passing of this

Act. 6 .

Act, 1901.

Randioick Wesleyan Methodist Chapel Enabling.

Appointment of new	5. When and so often as any one or more of the said trustees shall die or he incapacitated from acting, refuse to act, or resign office as trustee hy and with the consent of a majority of his co-trustees, or withdraw from or cease to be an adherent of the AYesleyan Methodist Church, or shall remove to such a distance as shall in the opinion of his or their co-trustees, expressed liy a majority of his or tlicir said co-trustees, and entered in a minute-book wliich shall l;c kept by Hie said trustees, render it inexpedient for him or them to continue to be a trustee or trustees, the office of the trustee or trustees so dying, incapacitated from acting, refusing to act, resigning, withdrawing from or ceasing to be an adherent of the said Wesleyan Methodist Church, or removing as aforesaid, shall thereupon become vacant, and a new trustee or trustees shall be appointed in his or their place or places, in accordance with the provisions relating to the appointment of new trustees contained in the Wesleyan Alethodist Ylodcl l)eed of New South Wales, one thousand eight hundred and eighty-eight, referred to in the Wesleyan Methododist Church Property Trust Act, 1889, and the ju’ovisions of the said Act relating to registration from time to time of trustees in the Wesleyan Methodist Church llegistcr of Trustees for New South Wales, and the evidence of the appointment of trustees so registered shall apply in respect of the said lands, and the llegistrar- General is hereby authorised, on the jn’oduction of the certificate of the Custodian of Deeds in the said Act referred to, to enter the name or names of the trustee or trustees for tlie time lieing appearing upon such register as evidenced by such certificate in the register book kept under the provisions of the Real Property Act, 1900, as the proprietor or proprietors of the said lands without any formal transfer theri'of, and to issue a certificate of title to him or them or in his or their name or names as such proprietor or projirietors, subject nevertheless to the provisions and with the powers hereinbefore contained.
trustees.
Kxercise of powers	6. The said trustees shall not exercise the power of sale herein­ before conferred upon them without having first obtained the written approval and consent thereto of the President for the time being of the New South AYalcs Conference of the Australasian AYesleyan Alethodist Church.
subject to approval.
Short title.	7. This Act may be cited as the “ Eandwick AYesleyan Alethodist Chapel Enabling Act.”

SCHEDULE.

Act. 1901.

Aberdare Collieries Hailway.

SCHEDULE.

All tliiit piece of land situate at Randwiek, in the parish of Alexandria and county of Cumberland, State of Nenv Smith Wales, containing three roods seven and one quarter perches or thereabouts, being lots one, two, three and five, shown on a plan deposited in the Land Titles Ofiice, Sydney, numbered two thousand five hundred and three, and being part of one am ' three roods twelve perches originally granted to the Reverend Stephen Rahone, the Reverend G-eorge Ilnrst, and the Reverend Benjamin Cliapman, by three several Crown Grants, all bearing date the twelfth day of June, one thousand eiglit hundred and sixty-five, registered in the Jjand Titles Olllce, Svdiu'y, volume sixteen, folios nine, fifteen, and twenty-two respectively, and being the wl'iole of till- land comprised and described in Certificate of Title, dated the ninth day of July, one thousand eight hundred and ninety-one, registered volume one thousand and twenty, folio one hundred and five.