Trustees of Schools of Arts Enabling Act (1893 No 41a) (NSW)
No. V.
| An Act to eiial)lc the trustees of lands held « trcstkes | of |
| ^ | ^ | o C H O O IiS | O F | x i l i T S |
for a Mechanics Institute or School of Arts or other Institution for public in struction or amusement to sell, lease, and mortgage such lands: to provide for the appointment of new trustees; and for other matters in connection therewith. \VMli December, 1893.]
"T)E it enacted by the Queen’s Most Excellent Majesty, by and with
1 3 the advice and consent of the Legislative Council and Legisla
tive Assembly of New Soutli Wales in Parliament assembled, and by
the authority of the same, as follows —
1. After the passing of this Act it shall be lawful, subject to Trustees to have
the provisions hereinafter contained, for tlie trustees of lands reserved, and mortgage
| dedicated, granted, or held for a Mechanics’ Institute or School of | “ |
| Arts or otlier institution for public instruction or amusement, to sell, mortgage, or lease the said lands or any part of them, |
2. The powers of sale, lease, and mortgage hereby conferred Sale, &c., to be described, present at a meeting sjtccially convened for tlie purpose, of which fourteen days’ notice has been given by advertisement in two separate issues of a newspaper circulating in the district in which the lands arc situated, and confirmed by a resolution duly passed and carried by a like majority of such members as may be present at a snbsequcnt meeting specially convened for the purpose, after fourteen days’ notice given as aforesaid, and held not less than one calendar month from the date of holding the meeting first above-mentioned ; and unless the consent of the Minister has been obtained in writing after full statement to him of the facts relating to the proposed exercise of such powers,
shall not he exercised unless a resolution to the ett'cct that it is rerobltivifand
desirable to exercise sneb powers has been duly passed and carried approved by the
by a majority of not less than three-fourths of the members of the
| 8 | No. 5. | 57 VIC. | 1893. |
Trustees o f Schools o f A rts Enabling.
| C onsent of the | 3. In the case of an application for leave to sell or lease the |
| M inister m ay bo | Minister may give his consent either generally hy authorising the |
| p;eneriil o r p a rticu la r, | , |
| except in case of | S tli0 or lease of the lands suliject to such conditions, restrictions, | |
| mortgage. | reservations, and covenants, and in such manner and ■within such | |
| No m ortgage to be | ||
| fo r more tlian one | time, as lie may thiuk desirable, or hy approving of particular | |
| Iialf the Taluc. | contracts of sale or lease. In the case of an a2)plication for leave to mortgage such general authority shall not he given, hut tlie terms of the ju’ojiosed mortgage shall in each case he submitted to the Minister lor a2)jn'oval, and Ills consent shall not, unless under circumstances Avhich in tlie minute of approval lie certifies to he exceptional, he given to a mortgage of any lands for more than one half of their estimated | |
|
| P rice agreed upon | ■I. IVliere the Minister has given his consent generally as in |
| and | re n tro se rred | <o |
| bo subm itted to tlu^ | tlie last section |n-ovided, no lands shall he sold or leased in pursuance |
| M inister in ciicli | of such consent, unless in each case the jiriee agreed u])on or rent reserved has been snlnnittcd to and ajijiroved hy him. |
| Consent m ay l>e | 5. Tlie Minister may in any case give his consi'iit, either as |
| given as to p a rt or |
| %vho]o and may be | to the ■w hole, or as to jiart of any lands in rcsjieet of n hich any |
| w itlidraw n or | application is made, and may at any time ■withdraw liis consent, |
| inodilied. | either wholly or partially, or vary the terms and conditions thereof, if he can do so without prejudice to the ri^Iits of third jiartii's. |
| M in ister maya]>])oint | (!. In any ease in whiidi trustees di'sire to cxOTcisc the powers conferred hy this Act the ^Minister may ajpioint some person who sliall have jiower to execute all eonv(\vanees and instruments and do all things necessary to the due exercise of such jiowers. The reeeijit of the jierson so apjiointed shall lie a sufticient discharge to any purchaser, lessee, or mortgagee bond f d e jiaying money in resjiect of any sale, lease, or mortgage under this Act. |
| person to execute | |
| conveyaiico. |
| J^ond fid e purchasoi* | 7. No purchaser, lessee, or mortgagee dealing bond fide with a |
| protected. | lierson apijiointed under section six shall be ])rejudiced or afteeted l)y any omission or irregularity in respect of any of the matters prescribed hy this Act. |
Proceeds to be bold8. The ]u-oceeds of any sale, lease, or mortgage under this
on trust and mvesteci. ^̂ (>2 shall l)c held Ijy the trustees, after ])ayment of costs, ex|)enses, and t'nenmhranccs, for the gtaioral purposes of the trust, and shall he invested or a|)plied ns tlie Minister may direct. The Minister may direct that any ])ortion of tin* income or reventie of the trustees shall he set ajiart for ]iayment of interest on or the gradual ('xtinetion of any mortgage debt, and the ^^ortion so sc>t ajiart shall he invested as the Minister may direct.
| Coiivoyance to Tost | 9. Lands conveyed to any person under tlie provisions of this |
| lands free from |
| tru st. | Act shall vest in him free from all trusts A\ hieh atfecti'd them in the hands of the jiersons hy Avlioin or on Avliose behalf tlnw ■\Tcre conveyed. |
| Ai-poiniincnt o£ new | 10. If any such trusti'c as aforc'said, or any trustee' a^ijiointed as hercinafte'r jirovided n'signs (Avhieh lie is heri'hy emjiowered to do by Avritten notice to the Minister) or dies, or becomes hankrnjit or insane, or if for any otlu'r reason it is not desirable that any trustee should continue in the administralion of the trust, it shall he laAvfnl for tlie members of the Institute, School of Arts, or other institution as in the first section described, hy a resolution duly passed and carried at a meeting specially eomeued for the jmrpose, of Avliich not less than fourteen days notice shall he given in the manner jAroA'ided in section tAvo, to declare the office of such |
| , | trustee vacant, and thereu^Aon the office of such trustee shall he vacant, and a copy of such resolution shall he sent to the Minister, and then it shall he laAvful for such members at a second meeting, of AA’hieh notice shall he glA'en as aforesaid, to elect one oa‘ more ncAV trustees to fill the vacancy so caused. And if tlie Minister approve of the ncAV trustee or trustees so elected, or any of them, he shall declare his |
approAul
| 1893. | 57 VIC. | No. 5. |
Trustees o f Schools o f A rts Enabling.
:i])j)roval by notice in tlie Gaze tie, and sncli notice shall be evidence of the appointment of the new trustee or trustees so approved, and shall have tlu' effect of div('sting the estate of the trustee whose office was so vacated as aforesaid, aiid of vesting the trust jiropi'rty, togetlier with all powers, rights, and ehoses in action relating thereto in tlie new trustc'e or trustees so approved as aforesaid jointly with the surviving or continuing trustee or trustees if such there be.
11. Nothing in this Act shall affect anv of the provisions of any riivMtp . \ , t s not
Act relating to any particular School of Arts, Mechanics’ Institute,” or other institution as in tlii' tirst section described, or tlû trustees tJiercof.
| 12. This Act may bi' cit ed as the | Trustees of Schools of Arts Shou liUc, |
Enabling Act,” and in it the word “ Minister ” means the Minister of Public Instruction or any iNIinister administering tin' “ Public Instruction Act of ISSO,” or any Act amending or in substitution of the same.
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