Trades and Labour Hall Management Act of 1934 (25 Geo v No. 22) (Qld)

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Trades and Labour Hall Management Act of 1934 (25 Geo V No. 22)
11. LOCAL. PERSONAL. AND PRIVATE ACTS OF THE PARLIAThllENT OF QUEENSLAND. 25 GEORGII V. AUSTRALIAN MUTUAL PROVIDENT SOCIETY. See COMPANIES. BRIDGES. See PART 1., INDUSTRY; LOCAL AUTHORITIES. BRISBANE RIVER BRIDGE. See PART 1., INDUSTRY (BUREAU OF INDUSTRY). BUILDINGS. An Act Relating to the Land granted for the Purposes 25 Geo. V. of a Trades and Labour Hall, and relating to TH~ ; : : ~ EB the Control and Management of the said ANDH~~ ~OUR H a 11 ; an d fi or 0 ther purposes. MANAGEMENT ACT OF 1934. [ASSENTED TO 29TH NOVEMBER, 1934.] ,I ~ . ~ T HEREAS a Deed of Grant under the hand of the Preamble. V late Sir Hamilton John Goold-Adams, Governor of the State of Queensland, and under the Seal of the said State, dated the Nineteenth day of September, One thousand nine hundred and nineteen, and numbered 107618, a certain piece of land containing by admeasure- ment 28 perches, more or less, situate in the County of Stanley, Parish of North Brisbane, City of Brisbane, being Allotment 2, of Section 64, was granted, subject to the reservations therein mentioned, by His Majesty unto James Bradshaw, John Brown, Charles Williams, .William Parry Colborne, and Thomas Edwin McGovern (hereinafter called Thomas Edwaru JY.[cGovern) as joint tenants, and their assigns for ever:
15148 BUILDINGS.. Trades and Labour Hall Management Act. 25 GEO. V. No. 22, And whereas a Deed of Grant under the hand of Sir Matthew Nathan, Governor of the State of Queensland, and under the Seal of the said State, dated the Eighteenth day of March, One thousand nine hundred and twenty-one, and numbered 109069A, a certain piece of land, containing by admeasurement 27lo\ perches, more or less, situate in the County of Stanley, Parish of North Brisbane, City of Brisbane, being Allotment 3, of Section 64, was granted, subject to the conditions, reservations, and provisoes therein contained, to Robert Joseph Mltlvey, John Brown, Charles Williams, William Parry Colborne, and Thomas Edward McGovern, as joint tenants and their assigns for ever: And whereas pursuant to Nomination of Trustees dated the Nineteenth day of September, One thousand nine hundred and nineteen, and numbered 748124, the said James Bradshaw, John Brown, Charles Williams, William Parry Colborne, and Thomas Edward McGovern did transfer all their estate or interest in the land, being Allotment 2, of Section 64 (and contained in Deed of Grant numbered 107618 aforesaid) to themselves as Trustees of the same under the provisions of the *" Real Property Act of 1861 " : And whereas the Schedule of Trusts in the said Nomination of Trustees is as follows : - SCHEDULE OF TRUSTS. IT IS AGREED that the above described land shall be held by the above-named Trustees upon the Trusts following that is to say :- UPON TRUST for the erection thereon of buildings to be used for a Trades and Labour Hall and for no other purpose whatsoever. IT SHALL BE LAWFUL for the Trustees to mortgage from time to time the whole of the said land together with all rights and appur- tenances to any person to secure the repayment of any advance or advances and interest thereon PROVIDED that no such mortgage shall be made except in such manner as may be directed by the Board testified in writing under the hands of the members of the said Board or of a majority of them and with the approval of the Governor in Council PROVIDED FURTHER that no larger sum than Ten thousand pounds exclusive of interest shall at anyone time be due upon such mortgage. Every mortgage made or given in pursuance of the said power may contain a power of sale by the mortgagee his executors administrators or assigns in case of default of payment of any principal or interest moneys secured by such mortgage or of breach of any of the conditions therein contained or implied. All moneys to * 25 Vie. No. 14, supra, page 2984. .-
BUILDINGS. 1934. Trades and Labour Hall Manalgement Act. arise from any mortgage made in pursuance of the said power shall be expended in the following order so far as the same shall extend that is to say in payment of- (a) The reasonable expenses of and attending such mortgage. (b) The cost of the erection and maintenance of a building to be called" The Trades and Labour Hall" on the aforesaid land. (c) The cost of all necessary fittings and furniture for the said building. l'l' SHALL BE LAWFUL for the Trustees in such manner as may be directed by the Board testified in writing under the hands of the members of the said Board or a majority of them and with the consent of the mortgagee (if any) of the said land to grant from time to time and upon such terms as the Trustees think fit a lease or leases of the said lands or any part thereof or of the said building or any part thereof together with all rights of way and other rights and appurtenances thereto to any person or persons for any term of years not exceeding twenty-one years to be computed from the time of signing such lease or leases respectively PROVIDED that no such lease or leases shall be granted for any term exceeding five years except with the approval of the Governor in Council previously obtained. The proceeds of rent received by the said Trustees under any such lease shall subject to any necessary payment of any principal interest or other moneys under any mortgage (if any) be applied by the persons authorised to receive the same for the objects and purposes of the !:laid Trades and Labour Hall and for the purposes of carrying on the operation thereof and for no other purpose whatsoever. The receipts in writing of the Trustees exercising any of the powers hereby conferred for any moneys advanced or paid to them in respect of any mortgage or lease shall be a good and sufficient discharge for such moneys to the person or persons advancing or paying the same and he or they shall not be bound or required to see to the application nor be affected by the misapplication or non-application thereof. It shall not be necessary for any mortgagee or lessee to inquire whether the Trustees for the time being exercising the aforesaid powers were duly and regularly appointed or whether the said powers of mortgage and lease were duly and regularly exercised or whether such direction or consent as aforesaid has been obtained. The Governor in Council may in the event of the death resignation or other removal from office of the Trustees or any of them appoint new Trustees or Trustee. "The Board" means the Board of Management for the time being of the Trades and Labour Hall. And whereas on the Ninth day of September, One thousand nine hundred and twenty, Robert J oseph Mulvey was appointed by His Excellency the Governor and with the advice of the Executive Council, in pursuance of Nomination of Trustees numbered 748124 15149
15150 BUILDINGS. Trades and Labmlr Hall Management Act. 25 GEO. V. No. 22, as aforesaid, to be Trustee of that piece of land being the land described in Deed of Grant numbered 107618 in the place of James Bradshaw deceased. And whereas pursuant to Nomination of Trustees dated the Thirty-first day of January, One thousand nine hundred and twenty-one, and numbered 805241, the said Robert J oseph Mulvey, John Brown, Charles Williams, \Villiam Parry Colborne, and Thomas Edward McGovern did transfer all their estate and interest in land, being Allotment 3, of Section 64 (and contained in Deed of Grant numbered 109069A aforesaid) to themselves as Trustees of the same under the provisions of the *"Real Property Act of 1861 " : And whereas the Schedule of Trusts in the said Nomination of Trustees is as follows : - SCHEDULE OF TRUSTS. IT IS AGREED that the above-described land shall be held by .the above-named Trustees upon the Trusts following that is to say:- UPON TRUST for the erection thereon of buildings to be used for a Trades and Labour Hall and for no other purpose whatsoever. IT SHALL BE LAWFUL for the Trustees to mortgage from time to time the whole of the said land together with all rights and appurtenances to any person to secure the repayment of any advance or advances and interest thereon PROVIDED that no such mortgage shall be made except in such manner as may be directed by the Board testified in writing under the hands of the members of the said Board or of a majority of them and with the approval of the Governor in Council PROVIDED FURTHER that no larger sum than Ten thousand pounds exclusive of interest shall at anyone time be due upon such mortgage. Every mortgage made or given in pursuance of the said power may contain a power of sale by the mortgagee his executors administrators or assigns in case of default of payment of any principal or interest moneys secured by such mortgage or of breach of any of the conditions therein contained or implied. All moneys to arise from any mortgage made in pursuance of the said power shall be expended in the following order so far as the same shall extend that is to say in payment of- (a) The reasonable expenses of and attending such mortgage. (b) The cost of the erpction and maintenance of a building to be called" The Trades and Labour Han " on the aforesaid land. (0) The cost of all necessary fittings and furniture for the said building. * 25 Vie. No. 14, supra, page 2984.
BUILDINGS. 1934. Trades and Labour Hall M(Jfft;agemf,nt Act. IT SHALL BE LAWFUL for the Trustees in sucb manner as may be directed by the Board testified in writing under the hands of the members of the said Board or a majority of them and with the consent of the mortgagee (if any) of the said land to grant from time to time and upon such terms as the Trustees think fit a lease or leases of the said lands or any part thereof or of the said building or any part thereof together with all rights of way and other rights and appurten- ances thereto to any person or persons for any term of years not exceeding twenty-one years to be computed from the time ef signing such lease or leases respectively PROVIDED that no such lease or leases shall be granted for any term exceeding five years except with the approval of the Governor in Council previously obtained. The proceeds of rent received by the said Trustees under any such lease shall subject to any necessary payment of any principal interest or other moneys under any mortgage (if any) be applied by the persons authorised to receive the same for the objects and purposes of the said Trades and Labour Hall and for the purpose of carrying on the operation thereof and for no other purpose whatsoever. The receipts in writing of the Trustees exercising any of the powers hereby conferred for any moneys advanced or paid to them in respect of any mortgage or lease shall be a good and sufficient discharge for such moneys to the person or persons advancing or paying the same and he or they shall not be bound or required to see to the application nor be affected by the misapplication or non-application thereof. It shall not be necessary for any mortgagee or lessee to inquire whether the Trustees for the time being exercising the aforesaid powers were duly and regularly appointed or whether the said powers of mortgage and lease were duly and regularly exercised or whether such direction or consent as aforesaid has been obtained. The Governor in Council may in the event of the death resignation or other removal from office of the Trustees or any of them appoint new Trustees or Trustee. " The Board" means the Board of Management for the time being of the Trades and Labour Hall. And whereas on the Eleventh day of January, One thousand nine hundred and thirty-four, Sidney James Bryan was appointed by His Excellency the Governor and with the advice of the Executive Council, in pursuance of Nomination of Trustees as aforesaid numbered 748124 and 805241, to be a Trustee of all those pieces of land being the land described in Deeds of Grant Nos. 107618 and 109069A in the place of John Brown deceased: And whereas on the Fifteenth day of November, One thousand nine hundred and thirty-four, Alfred Charles Milton was appointed by His Excellency the Governor and with the advice of the Executive Council, in pursuance of Nomination of Trustees as aforesaid numbered 748124 and 805241, to be a Trustee of all 15151
15152 BUILDINGS. Trades and Labottr Hall Management Act. 25 GEO. V. No. 22, those pieces of land being the land described in Deeds of Grant Nos. 107618 and 109069A in the place of Charles Williams deceased; And whereas a building known as " The Trades and Labour Hall" has been erected on such pieces of land as contained in Deeds of Grant Nos. 107618 and 109069A aforesaid: And whereas it is expedient and desirable that provision be made for the control and management of the said Trades and Labour Hall and for other purposes in that behalf-- 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 Trades and Labour Hall Management Act of 1934." Interpreta. 2. In this Act and notwithstanding any Act or law tion. to the contrary- Trustees. (a) The term " Trustees" shall mean and include Robert Joseph Mulvey, vVilliam Parry Colborne, Thomas Edward McGovern, Sidney J ames Bryan, and Alfred Charles Milton, and their successors, in whom the said land shall for the time being be vested pursuant to the said Deeds of Grant and Nominations of Trustees referred to in the preamble, and the above-mentioned Trustees and each of them presently in office shall be and be deemed to be and to have always been lawfully and duly appointed as Trustees or Trustee accordingly; Board of Management·, (b) The term "Board of Management" shall mean and include the body presently known as the Trades and Labour Council (and/or the Executive thereof in accordance with the rules hereinafter mentioned), which Council consists of representatives of such unions as may be for the time being or from time to time may be affiliated with such Council for the purposes la.id down in the
BUILDINGS. 15153 1934. Tmdes and Lab01M' Hall Manaigement Act. rules of the said the Trades and Labour Council, which rules shall be filed as hereinafter provided; and (c) The term "land" shall include the land Land, contained in the aforesaid Deeds of Grant Nos. 107618 and 109069A and the building known as " The Trades and Labour Hall " and its appurtenances. 3. The Governor in Council may in the event of the New death, resignation, or other removal from office of the Trustees. Trustees or any of them, appoint new Trustees or a new Trustee. 4. The powers, authorities, obligations, directions, Powers and and jurisdiction of the Trustees- authorities to mortgage. (a) To mortgage the land together with all rights and appurtenances to any person to secure the repayment of any advance or advances and interest thereon; or (b) In respect of the application of proceeds of any such mortgage, referred to in paragraph (a); or (c) To lease the said land or any part thereof, or of the said building or any part thereof, together with all rights of way and other rights and appurtenances thereto; or (d) In respect of the application of proceeds of rent received under any such lease, shall be as is contained in the Schedules of Trusts hereinbefore set forth in the preamble to this Act. 5. In addition and without limiting the powers, Control authorities, and jurisdiction of the Board of Management and manage· as is set forth in the Schedules of Trusts hereinbefore ment. set forth in the preamble, and notwithstanding any Act or law to the contrary, the Board of Management as hereinbefore defined shall have and be entrusted with the control and management of the said Trades and Labour Hall and, without limiting the generality of the meaning of the words " control and management," such words shall include the appointment, control, and discharge of officers and servants in relation to the said Trades and Labour Hall; and the Trustees shall observe and comply with any directions of the Board of Management in respect thereof accordingly.
15154 BUILDINGS. Trades and Labour Hall Man'agement Act. 25 GEO. V. No. 22, 1934 Board of 6. The Board of Management as hereinbefore ~ anale~ ent defined shall as soon as may be after the passing of this ~ : ~ a~ J Act submit a copy of the rules of the said Board presently :ts.t; in force certified under declaration as correct under the egls rar. hand of the President thereof to the Registrar of the Industrial Court constituted under *" The Industrial Conciliation and ArbitrationAct of 1932 ": Any such rules shall be read subject to this Act. On receipt of such certified copy the Registrar shall file such copy in his office. A certified copy of any amendment of the rules from time to time hereafter made shall in like manner be submitted to the Registrar, who shall file such copy accordingly. The Board of Management shall also submit to the Registrar a list certified as correct under the declaration of the President of the names of the Executive and officers of the Board presently in office. On receipt of such certified list the Registrar shall file same in his office. Any change in such list shall in like manner be submitted to the Registrar, who shall file same accordingly. The rules of the said Board of Management and the aforesaid list shall be open to inspection to any member of any affiliated union without charge. For the purposes of this Act judicial notice shall be taken of the rules and of the Board of Management and of the lists as aforesaid. Construction 7. Notwithstanding any Act or law to the contrary, N of oml . na t' IOns 'the term" The Board," as referred to in the Nomin ations of Trustees. of Trustees as set forth ill the preamble to this Act, shall for all purposes in law or equity be and be deemed to mean the Board of Management as defined in this Act, and such Nominations of Trustees shall without any notice other than this Act be read and construed accordingly. * 23 Geo. V. No. 36, supra, page 14266.
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