Raymond Terrace Mechanics School of Arts Sale Act (1893 No rtm) (NSW)

1893.   56*̂ VIC.

Maymond Terrace Mechanics School o f A rts Sale.

An Act to enable the ]>resent or other the trustees for the tim e being* of the Mechanics R ayaiond T errack M echanics S cHooT, OK A rts

Sale .

School of Arts, a t Raym ond Terrace, in the Colony of JVew Sonth W ales, to sell the lands, hereditam ents, buildings, and prem ises, and goods and chattels vested in them as such trustees as aforesaid, and to apply the proceeds of such sale if and when efrected in the m anner and for the purposes hereinafter si^ecihed. \l^th February, 1893.]

VTTID^REAS by an indenture by way of conveyance bearing date Prcami.ic.

the thirtieth day of December, one thousand eiglit hundred and seventy-nine, and made between James Hill, therein described of tlie one paid, and John IJichardson, James Kilgour, John Jacob IMichcl, John Corvan Garrett, John Shadrach Hart, and William Edward Shaw, therein described as trustees of the llaymond Tei’race Mechanics School of Arts, of the other part, the said James Hill did a])point, and did also grant, bargain, sell, release, and confirm unto tlû said trustees and their heirs all that the piece of land and heredita­ ments therein mentioned and set out in the Schedule to tliis Act, to liold unto and to the use of the said trustees, their heirs and assigns, to the intent that a bidlding might be erected on the said parcel, of land for the use of tlie members for the time being of the said Pcaymond Terraco Mechanics School of A rts; And whex’eas by the indenture now in statement it was agreed and declared that it should be lawful for the members of the said School of Arts present at any duly convened and constituted meeting by resolution of a majority of such members actually present from time to time to ap])oint a new trustee or new trustees in the room of any trustee or tiaistees who might die, or desire to be discharged, or become unable or unwilling to act, or go to reside out of the Colony, and that the entry of such appointment in the minutes of such meeting, or the conveyance of the trust estate purporting to be made in pursuance of such resolution should, as concerned all persons dealing with the trustees nani(;d in the resolution or conveyance, be conclusive evidence of the due appointment of the trusteers therein named: And wiiereas the said Janies Kilgour dejiarted this life on or about the fourteenth day of Eebruary, one thousand eight hundred and eighty one : And wiierc'as by a certain memorandum liearing date the twenty-sixth day of August, one thousand eight hundred and eighty-six, under the hand of the said William Edward Shaw, he the said 'William Edward Shaw did retire from the trusts of the said recited indenture ; And wdicreas in pursuance of and in due accordance with the provisions of the said recited indenture one Lot Bishop and one John Parsons Gri'cn were duly ap])ointed trustees of tlie said recited indenture, in the room of the said James Kilgour, deceased, and of the said 'William Edwnrd Shaw : And whereas by a resolution passed by a majority ol‘ the said members of the said Baymond Terrace Mechanics School of Arts and actually present, it was resolved that the then trustees of the said recited indenture should be, and they ŵ ere thereby empowered to

V T

borrow

12 56“ VIC. 1898.

Haymoncl Terrace Mechanics School o f Arts Sale.

lJor̂ ô y the sum of four hundred pounds, to he applied in and towards the payment and liquidation to that amount of the debts and liabilities of the said llaymond Terrace Mechanics School of Arts, and tf) mort^aq-e the land and premises described in the said indenture, with all the buildings and erections thereon, and all the rights and appurte­ nances thereto belonging, as security for the repayment of the said sum and interest thereon, at such rate, for such term, and u])on such conditions and stipulations as the said trustees might deem t i t : And 'whereas the said trustees then arranged to borrow from one AVilliam Scully the said sum of four hundred pounds for the })urpos('s aforesaid, and to secure the repayment of the same with interest by a mortgage on the said land and premises : And whereas by indenture by way of inortgage, hearing date the nineteenth day of October, one thousand eight hundred and eighty-six, and made between John llichardson, John Jacob Michel, John Cowan Garrett, John Shadrach Hart, Lot Bishop:), and John Parsons Green (being the present trustees of the said indenture of the thudieth day of Hecemher, oiu' thousand eight hundred and seventy-nine) of the one part, andt the said "William Scully of the other part, it was Avitnessed that in consideration of four hundred pounds then paid by the said mortgagee to the said mortgagors, they and each of them did thereby grant, bargain, sell, alien, release, convey, and confirm unto the said mortgagee, his heirs and assigns, all that the allotment or parcel of land and premises set out in the said Schedule to this Act, and hereinafter called “ the said land,” to hold the same with the appurtenances unto the said mortgagee, his heirs and assigns, to the use of the said mortgagee, his heirs and assigns for ever, subject, however, to the usual proviso for redemption and reconveyance on payment of principal and interest duo and to become due on tlu' said mortgage: And the said indenture of mortgage further contained the usual power of sale in case of default in ])aynient of the said principal sum and interest, the usual proviso for quiet enjoyment until default in payment of said principal and interest, and the usual covenants contained in deeds of a like nature : And Avhereas the time for payment of the said principal sum of four hundred pounds has expired, and the said trustees are unable to pay the same, not having aTiy funds for that purpose in tlieir hands or at their disposal : And Avhereas the Municipal Council of llaymond Ten ace are desirous of purchasing the said land with the bidldings and improvements thereon as a Town Hall, and for the purpose of establishing a School of Arts or a Tree Library tlu're, in accordance wdth the “ Municipalities Act of 1867,” and for general municipal purjAoses ; And whereas the said trustees, with the consent of the said AVilliam Scully as such mortgagee as aforesaid, and Avith the consent of a majority of the members of the said Mechanics School of Arts actually ])rcscnt at a meeting duly convened for that purpose, and by a resolution then passed Avhich Avas duly confirmed by a majority of the members of the said Mechanics School of Arts actually present at another meeting calh^d for the puiqAOse of confirming such resolution, Iiuaua agreed to sell the said allotment or parcel of land and premises, together Avith all buildings erected thereon and all appurtenances thereto belonging to the said Municipal Council for the purposes mentioned in the last preceding recital, and the said Municipal Council have agreed to purchase and pay for the same at the price aforesaid, out of the funds of the Municipal District of llaymond Terrace; And Avhereas it is doubtful Avhether the said trustees had the poAver to mortgage the said land as aforesaid, and it is also doubtful Avhat effect a reconA^eyance

of the said allotment or paretd of land if executed Avould have, and avIio

should be the persons to Avhom the same should be so reconveyed, and,

further,

1893.   56 ̂ VIC.

Ilanwoinl Terrace Mechanics School o f Arts Sale.

fui'tlu'v, wlietliev in case, of sueli reconveyance being executed tlie

present trustees of the said recited indenture, or the tbrnun’ trustees

tlu'reof, or the r('})resentatives of any deceased trust('o could thereafter

jointly or otherw ise sell the said allotment or j)arcel of land to tlie said	.
IVlunieipal Council, and pass a good title to that Council, cvenaltliough direeded to do so hy a resolution of the majority of the memhers of the said ]\l('chanics School of Arts, at a meeting duly called for that .
purpose: And wiiereas the said Municipal Council have determined not to purchase the said allotnumt or parcel of land with thehuildings and improvements thereon unless tiu'y are assured of a good title tlu'iado, and that the same should b(' absolutely freed and discharged from the incumbrance created by the said mortgage, and all trusts or iucuml)rances atfecting the same ; And Avhereas there are also vested in the said trustees certain goods and chattels used in connection ivitli the said jMechauics School of Arts, and tliey are desirous of selling the same in the manner and for the puiposes herf'inafter mentioni'd : Be it therefore enacted hy the Queen’s Most ’Exc(‘llent Majesty, liy and rvith the advice and consent of the Legis­ lative Council and Legislative Assembly of Mew Soiitli Wales in Barliamcnt assembled, and by tbe authority of the same, as follows:—

1. I t shall be hnvlid for the said John llichardson, John Jacob Trustees may sell to

Joh]i Parsons Green, as such trustees as aforesaid, or other the trustees Baymond Torriuc.

for the tinee bt'ing of tbe said indenture of the thirtieth day of

Micbel, -lobn Cowan Garrett, -lolin Shadracb Hart, Lot Bishop, and AAuth the consent and joinder of the said William Scully as such mortgagy'c as aforesaid, to absolutely convey and assure the said land, hereditaments, and premises, sc't out in tlie Schedule hertdo, together w ith the said Mechanics School of Arts, and all buildings erecf (Ml tb('reon, to the said IMunicipal Council of llaymond Tex’race, so as to vest the same in the said Municipal Council in fee simple.

2. The said Municipal Council shall pay to the said AVilliam Mmigagee to be

Scidly as such mortgagee such sum as wdll be a t'ull and complete dis- cliarge of all moneys due and OAving in respect of the aforesaid mortgage; and upon sucli payment as aforesaid, and tlie execution by the said trustees and the said William Scully of the couAU'yance aforesaid, the said laud, buildings, and premises shall vest in the Municipal Council, free from all incumbrances and trusts Avhatsoever, and the said Municipal Council shall be ludd and considered to liaA'c acf|uired a perfect and indefeasible title thereto.

3. I t shall be lawful for the said trustees to sell to tlie said Tmsices may sdi

Atunicipal Council the goods and chattels nsed in coixnection Avitli the -jsod

said Mechanics School of Arts at such price as may be agreed upon, "it'' School of Arts,

and the said Municipal Council shall and may use the same in

connection witli the School of Arts and Tree Library so to be

established as aforesaid, or otherwise as the said Council shall

determine.

4. The said Municipal Council shall (after such conveyance as Purimses for which

aforesaid is ext'cuted) hold the land, and tlu' buildings and improAn-

xnents tbereon as and for a 'ToAvn Hall, and a School of Arts or a land and

PrtH' IJbrary, and for other general municijtal purposes. hmidmgs.

5. I t shall be hiAvful for the said trustees to sell any other Tiustecs may .«cii

goods and chattels A csted in them as such trustees as aforesaid, and to ciuuTê âmri'usiJose

ajtply and dispose of tlie ])roceeds and any other moneys aaLIcIi they of proceeds,

may hav(' in hand in paying the costs, charges, and expenses connected

Avitb the sales hereby authorised, or Avith the passing of this Act, and

th(' surplus (if any) in such manner as may be directed by a meeting of the members of the said Alechanics School of Arts called for the purpose ; and from and immediately after the conclusion of such

meeting

56° VIC. 1893.

Willoughby and Gordon Tramway Acts Amending.

meeting or any adjournment thereof, being a final meeting, the said trustees shall cease to he such trustees as aforesaid, and their duties and responsibilities in respect of their said oflice shall likewise cease and determine, save and except in such cases and in respect to such causes of action or suit as might have accrued or he accruing to them, or existing against them antecedent to or up to the date and time of the holding of such meeting.

S h o rt title . 0. This Act may he styled and cited as the “ llaymond Terrace Mechanics School of Arts Sale Act.”

THE SCHEDULE EEFEREED TO.

All that allotment or parcel of land containing by admeasurement two roods, and situated in the town of Eaymond Terrace aforesaid, allotment number seventeen of section mimher seven : Bounded on the south-east by one chain of the north-west side of Sturgeon-street bearing south forty degrees west; on the south-west by a line dividing it from allotment number sixteen bearing west forty-five degrees north five chains ; on the north-west by a line dividing it from allotment number four bearing north forty degrees east one chain ; and on the north-east by a line dividing it from allotment number eighteen bearing east forty degrees south five chains to Sturgeon-street, being the allotment sold as lot nine in jtursuance of the advertisement of twenty-fifth September, one thousand eight hundred and thirty-eight.