Saint Leonards School of Arts Enabling Act (NSW)

1890.   54« VIC.

Saint Leonards School o f Arts Lnahling.

An Act to declare tlic Trusts of tlie Site of	School ok A uts
Sa in t L e o n a i; i>s

tlie Saint Leonards Mechanics’ School of	K n a h l in c .	_
Arts; and to anthorize the sale, mort^ag’e, or lease thereof; and to declare the trusts of moneys to he produced hy such sale, mortgage, or lease; and for other pur­ poses. [19f// September, 1890.]

T'TTIIEE.EAS in the year one thousand eight hundred and fifty-nine PicamUe.

an institution was formed at Saint Leonards called tlu; Saint Leonards Mechanics’ School of Arts, the objects of which are the diffusion of scientific and otlicr useful knowledge in manner mentioned in the rules thereof, and the same is still carried on at Saint Leonards aforesaid under the control of a committee of management. And whereas hy indentui’c, dated the third day of Eehruary, one thousand eight hundred and eighty-five, made between Adolphus Eogalsky, of tlie first i^art, George Henry Smitli, of the second part, and Edwin ^fauney Sayers, Eohert Dalziel 'Ward, Charles Henry Woolcott, John IVilliam Guise, and Erederick Alfred Adolphus M’ilson, of the third part, all that jiareel of land containing hy admeasurement one rood six jierelu's, ])ortion of allotment numher live of section number four, town of Saint Leonards, parish of Willoxighhy : Commencing on the south side of Mount-street at the north-east corner of the land now deserib('d; and bounded on the cast by a line southerly at right angles to Mount- street one hundred and thirty-two feet; on the south hyaline westerly at right angles to the eastern boundary ninety-five feet to the east side of William-street; on the west by one hundred and thirty-two feet of that street bearing northerly to its junction with Mount-street; and on the north by that street bearing easterly ninety-five feet to the point of commencement, was conveyed and assured unto and to the use of the said Edwin ]\Iauncy Sayers, Eobert Dalziel "Ward, Charles Henry "Woolcott, John William Guise, and Erederick Alfred Adoljihus Wilson, upon trust inter alia to permit and suffer the same premises to be appropriated as a site or place for the erection of such building or buildings for the Saint Leonards Mechanics’ School of Arts as the jiresidcnt, senior vice-president, and treasurer for the time being of the said society, or other the managing officers thereof shall think fit. And whereas the said Charles Henry '\Eoolcott has refused to act as such Trustee as aforesaid, and the said Edwin Mauney Sayers, llobert Dalziel M^ard, .Tohn'William Guise, and Erederick Alfred Adolphus AVilson arc now the sole Tnistecs of the land under the said recited indenture. And whereas a building has been erected on the land, eom- ])rising a lecture hall, a library, reading, and class, and other rooms, and jirovided with books, furniture, apparatus, and necessaries for carrying on the work of the institution. And whereas the funds at the disposal of the institution have proved insufileient to defray the outlay incurred for the purposes aforesaid, and a debt of eight hundri'd and thirty-two pounds or thereabouts bas been incurred in respc'ct thereof, and it is anticipated that further sums will have to be cvpemhal to render the said institution cfiieient and attractive, and to enable it to keep pace with the advancement of the district in which it is situate. And Avhereas it is desirable to antborizc the necessary funds for the purposes aforesaid to be raised by way of mortgage in manner beridn- after provided. And wheri'as circumstances may arise which may render it necessary or desirable in the interest of the institution that

V T

the

54̂ VIC. 1890.

Baint Leonards School o f Arts Enabling.

the land or some part thereof should he sold or leased in manner here­ inafter also provided. And whereas the trusts on which the land were conveyed as aforesaid are insufficient, and it is expedient to extend such trusts and to declare the same as hereinafter expressed. Be it therefore enacted hy the Queen’s Most Excellent Majesty, hy and with the advice and consent of the Legislative Council and LegislatAe Assembly of New South Monies in Parliament assembled and hy the authority of the same as follows :—

Tntevprolation. 1. Ill tllis Act---

The words “ the land” mean the said land liereinbefore dcscrihcd, and include the buildings and fences which now arc or may hereafter he thereon, and the rights, casements, appendages, and appurtenances thereto or usually held and enjoyed thci'e- with or reputed so to he.

The words “ the Trustees” mean and include the said Edwin Mauney Sayers, llohert Dalziel lAard, John William Guise, and Erederick Alfred Adolphus MTlsou, and the survivors and survdvor of them, and the Trustees or Trustee for the time being in whom the land shall he vested.

The words “ the institution” mean the Saint Leonards Mechanics’

School of Arts.

The words “ the Committee” mean the committee of management

for the time being of the institution.

Trusts of tlic land	2. The land shall he held hy the Trustees upon the trusts, and for the intents and purposes in and hy the said recited indenture expressed, save and except such pirovisions thereof as relate to the appointment of new Trustees in case of a vacancy occurring in the Trusteeship, and upon the further trusts to permit and suffer the said land and all buildings erected, or to he erected thereon, to be used and enjoyed for the purposes of the institution, under the control of the committee, and upon further trust from time to time to convey, mort­ gage, demise, or otherwise assure the land and to apply the moneys to he produced or raised under the provisions hereof in manner herein­ after expressed.
declared.
Power to mortgage.	3. I t shall be lawful for the Trustees, subject to the provisions hereinafter contained, from time to time to borrow any sum or sums of money on the security of the land, or any part thereof, and to execute to or in favour of any person or persons from whom such money shall he borrowed as security for the repayment thereof with interest at sucli rate as may be thought proper any mortgage or mortgages in fee, or for any less estate of the whole or any part or parts of the land, and cither with or without power of sale in case of default, and such other powers, jorovisions, and covenants as the Trustees shall see fit.

Power to sell. 4 . I t shall he lawful for the Trustees from time to time, subject

to the provisions hereinafter contained, to sell and dispose of the lands, or any part or parts thereof, hy public auction or private contract after submission at auction, and cither in one or several lots, and either at one time or at different times, and ujion such terms and conditions as to title, time, and manner of payment and otherwise as they shall deem expedient, and for such prices as can he reasonably obtained for the same, with power to buy in at any sale and to rescind or vary any contract and to resell without being responsible for any differences in price or other loss, and to convey the land or any part or parts thereof which may be sold to the purchaser thereof, or as he shall direct, and the receipts of the Trustees for the purchase money of the whole or any part of the land shall discharge the purchaser thereof from any obligation to see to the application of the purchase money paid hy him and from any liability in respect of the loss, non­ application or misapplication thereof.

1890.   54“ VIC.

Saint Leonards School o f Arts Enabling.

5. I t shall he lawful for the Trustees subject to the provisions powor to lease,

hereinafter contained to demise for any term not exceeding tAventy- onc years all or any part of the land for such rent or rents and Avith such conditions, provisions, and covenants as to the Trustees shall seem fit, and to execute such leases thereof as tlu'y shall sec fit.

G. Tlic poAvers of mortgage, sale, and lease herehy authorized Powor.s onW to bo

autliorizcd hy a resolution duly passed and carried hy not less than majority at two

tlircii-fourths of the memhers of the institution as may he present at a

meeting specially convened for the purpose in manner ]irovided for

(tailing s])('cial meetings hy the rules and regulations thereof for the

timi' lu'ing, and confirmed hy a resolution duly passed and carried hy a

like majority of such memhers as may be present at a subsequent

meeting of the memhers of the institution to be also specially called

for tlic purpose in manni'r aforesaid, and to he held not less than one

calendar month from the date of holding the meeting first ahoA'c

mi'iitioncd. And provided also, that prior to any ])roposed mortgage

or sale being completed, the consent of the IMinister for Public

shall not nor shall any of them ho exercised unless the same shall he statement to him of the facts relating to such proposecl mortgage or sale.

7. Nothing in this Act contained shall he deemed or construed clause for protooiion

to render it necessary for any purchaser or mortgagee or lessee to ,

•/ X o o ]iiort"'iVffcos, iiuu

impiiri' Avhether the Trustees or the committee or other officers of the lessees,

institution for the time being exercising the poAÂ ers hereby conferred

were duly and regularly appointed, or Avhether the poAvers of sale,

mortgage, and lease hereby conferred were duly and regularly exercised,

or Avhether such meetings as aforesaid have been held, or such

resolutions as aforesaid passed, nor he affected hy notice to the

contrary.

8. The moneys to he produced or raised hy any such sale. Application of

mortgage, or lease as aforesaid, shall be applied in the first place to pay

tbo costs and expenses incurred in the procuring and passing of this Act, and of or connected with any such sale, mortgage, or lease, and in the next place to apply the same in liquidation of tbc debt due and OAving hy the institution, and in the next place for the imrposcs of the institution in such manner and form as the committee shall determine by resolution and as the Minister for Public Instruction shall approve.

9. NotAAuthstanding anything contained in the said recited Appointment of new

indimturc or any rule or regulation of the institution to the

contrary, if the Trustees, or any of them, .shall die or resign, become

insolvent, insane, or cease to reside in the District of Saint Leonards

for a period of more than six months Avithout leave from tlie com­

mittee, or shall he removed hy a vote of a meeting of the memhers of

the institution, of Avhich meeting one month’s notice shall ho given

hy adAX'rtiscrncnt in some ncAvspaper circulating in the District and

hy ])osting the same in the reading room of the institution it shall

ho laAvful for the memhers of the institution, for the time being,

in general meeting duly convened according to the rules of the

institution, from time to time to elect other Trustees or another

Trustee to supply the vacancy in the Trusteeship so caused. I f a

notice of such election, as hy this Act proA'ided, shall be inserted in

the Government Gazette, such notice shall be evidence of the fact of a -

vacancy having occurred, and also of the appointment of such ncAV

’rrustees or Trustee as aforesaid, and shall have the effect in the case and en'.ri iiimonr.

of such vacancy occurring, othcrAvise than hy death, of divesting the

estate of the retiring Trustees or Trustee, and in all cases shall haAm

thi; {'tfcct of vesting the trust property (if any) Avhich, for the time

being,

54« VIC. 1890.

Australian Mutual Provident Society's Officers' Provident Pund Trustees.

l)oing, sliall be Tested in tlie surviving or (continuing Trustees or Trustee, in tlic neiv Trustees or Trustee named in such notice jointly ■with the surviving or continuing Trustees or Trustee, as the case may require, without further conveyance.

Short title. 10. This Act may he cited as the “ Saint I^eonards School of

Arts Enabling Act.”