Wagga Wagga School of Arts Enabling Act (1892 No wsa) (NSW)

wagga waoca All Act to enable the Trustees of the Wagga

ahtŝ blino	.	W agga School of Arts to mortg*ag‘e cer­ tain lands situated in the town of Wagga Wagga, or lease any part thereof ; and for declaring the trusts of the moneys raised by such inortgage or lease. \Qtli Decemher,
1892.] ^

Preamble.	T T T H E E jEAS hv Ci’own grant under the hand and seal of tlic
V V
Eight Honorable Charles Eoliert Baron Carrington, Governor and Commander-in-Chief of the Colony of New South Wales, bearing date the twenty-seventh day of October, in the year one thousand eight hundred and eighty-six, entered on the register hook, volume eight hundred and thirteen, folio one hundred and forty-five. Her Majesty did give and grant unto Alexander Thorley Bolton, James Gormly, Harry Berkeley Eitzhardinge, James Eohert Garland, and Charles Hardy, all of Wagga Wagga aforesaid, their heirs and assigns, all that parcel of land described in theEirst Schedule hereto, upon trust to permit and suffer the said land to he approved as a site or place for the erection of such building or buildings for the School of Arts, established in the town of JAagga Wagga, as the president, senior vice-president, and treasurer, for the time being of such institution or other the managing officers thereof should think f i t : And whereas by Crown grant under the hand and seal of the said Eight Honorable Charles Eohert Baron Carrington, hearing date the scA-enth day of August, in the year one thousand eight hundred and eighty-eight, entered on the register hook,

volume

1892.   56̂ VIC.

Wagga JVagga School o f A rts Bnabling.

voluiiK ̂oig'lit Imndred and (dglity-nine, folio two hundred and seventeen,

Her Majesty did give and grant unto tlui said Alexander Thorley Bolton, Janies Gormly, Harry Berkeley Bitzhardingc, James Bohert Garland, and Charles Hardy, their heirs and assigns, all that parcel of land dcscril)cd in the Second Schedule hereto to he held hy them upon similar trusts to those hereinbefore recited : And whereas in pur­ suance and execution of the said trusts certain buildings were erected on tlic said land described and set out in the ]hrst and Second Schedules hereto for the purjiose of carryingout the objects of the said institution: And whereas there is a debt due hy the said institution to the Australian Joint Stock Bank, of the sum of hvvo hundred and fifty pounds, or thereabouts for money advanced at various times for the purpose of effecting improvements to the said institiition : And whereas the

present accommodation is unsuited to the requirements of the said

institution, and the buildings in use arc in need of repair and

enlargement, and it is expedient that the said Alexander Thorley	_
Bolton, James Gormly, Harry Berkeley Bitzhardingc, James llobert Garland, and Charles Hardy should have power to raise money, hy mortgage of the said lands described and set out in the i^irst and Second Schedules to this Act for the purpose of adding to, enlarging,
altering, and repairing the buildings now standing upon the said lands, or for pulling down the said buildings and rebuilding on the said lands :
And Avhercas circumstances may arise which may render it mjcessary or desirable in the interest of the institution that some part of the land should he leased in manner hereinafter also provided : And whereas such power of mortgage or lease cannot he obtained without legislative sanction ; Be it therefore enacted hy the Queen’s Most Excellent Majesty, hy and with the consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and hy the authority of the samĉ , as folloAvs :—

1. The words “ the land” mean the said land described in the interpretation.

Eirst and Second Schedules to this Act, and include the buildings and fences Avhich noAV arc or may hereafter he thereon, and tin; rights, easements, appendages, and appurtenances thereto, or usually held and en joyed thereAvith, or reputed so to he. The words “ the trustees” mean and include the said Alexander Thorley Bolton, James Gormly, Harry Berkeley Eitzhardinge, James Bohert Garland, and Charles Hardy, and the surAuvors and survivor of them, and the trustees or trustee for the time being, in Avhom the land shall be v'ested. The Avords “ the institution ” mean the Wagga "Wagga School of Arts.

The Avords “ the committee” mean the committee of management for the time being of the institution.

2. I t shall he H aaT u I for the trustees for the purpose of raising Power to borrow

any sum or sums of money not exceeding four thousand pounds, Avhich in their opinion it may he desirable to horroAV for the purpose of adding to, enlarging, altering, and repairing the buildings noAV standing upon the land, or for pulling doAvn the said buildings and rebuilding on the land, to execAite any moiJgage or mortgages in fee or for a less estate of the Avholc, or any part or parts of the land, and either Avith or Avithout poAver of sale in case of default, and such other poAvers, provisions, and covenants, as the trustees shall think f it : Provided that no persoiA Avho shall advance money upon the security of any mortgage purporting to he made Ainder the poAA'er hereby giA'cn, shall be l)oiind to inquire as to the advisability or propriety of the raising of such money, or as to the application of such money Avhen raised and advanced, and the receipt of the trustees for the moneys so advanced shall elfectually discharge the person or persons so advancing tlie sann; from being hound to see to the application thereof, and from any liability in respect of the misapplication or non-application thereof.

‘ 3.

56« VIC. 1892.

Wogya Wagga School o f A rts JSnabling.

Powoi- to iiasc.	3. I t sliall be lawful for tlie trustees, subject to tbe provisions bercinaftcr contained, to demise for any term not exceeding' twenty- one years, any part of the land for sucb rent or rents, and with such conditions, provisions, and covenants as to the trustees shall seem tit, and to execute such leases thereof as they shall sec f i t : Provided always that all rents, received from such leases shall he applied in the first instance in and towards payment of tlie interest upon any mortgage executed under the power hereinbefore given, and tlie balance, if any, shall he devoted to the general purposes of the institution.
"Wlion power ot
mortgage and lease	4. The powers of mortgag'̂ R and lease hereby cionferred shall not nor shall either of them he exercised unless the same shall he authorised hy a resolution duly passed and carried hy not less than three-fourths of the members of the institution as may he present at a meeting specially convened for the purpose, and of which at least fourteen days’ notice shall have been given hy advertisement in two separate issues of at least two local newspapers; and provided that such resolution shall have been confirmed hy a resolution duly passed and carried hy a like majority of the members present at a subsequent special general meeting of the members of the institution, of which a similar notice as aforesaid shall have been duly given and held at an interval of not less that fourteen days, nor more than one month, from the date of the meeting at which such resolution shall have been first passed and carried; and provided further that no mortgagee shall he hound or concerned to see or inquire whether any such authority shall have been given or confirmed as aforesaid nor he affected hy notice that the same has not been so given or confirmed. And provided also that prior to any proposed mortgage or lease being completed, the consent of the Minister of Public Instruction for the time being shall ho obtained in writing, after a full statement to him of tlie facts relating to such proposed mortgage or lease.
to be exercised.
Money nii.secl on
iiiort^a^e or lease	5. The trustees sliall stand possessed of the moneys raised hy any such mortgage or lease u]ion trust, in the first place to pay the costs and expenses incurred in the procuring and passing of this Act, and in the second place to pay the amount due to the Australian Joint Stock Bank aforesaid, and in the next place to apply the same in such manner and form as the committee shall determine by resolution, and
objects of trust.

• as the Minister of Public Instruction shall approve, in and towards the adding to, enlarging, altering, and repairing the buildings now standing upon the said land, or for pulling doAvn the said buildings and rebuilding on the said land according to the plans and specifications, to he approved of by a majority of the members present and entitled to vote at a special general meeting of the members of the said institu­ tion, of which at least fourteen days’ notice shall have been given hy advertisement published in two separate issues of at least two local newspapers : Provided always tliat it shall he lawful to apjdy from time to time so much of the funds of the institution as tlie committee of the institution shall think proper in and towards the j)ayment oi', or in and towards providing a .sinking fund for the payment of the principal and interest due and owing on the security of any morigage executed under the power hereinbefore contained,

title. 6 . This Act maybe cited as the “ lAagga "Wagga School of

Arts Enabling Act.”

SCHEDULES

1893.   56° VIC.

King's School Council.

SCHEDULES.

;i'’IE!-ST SCELEUUJ;]-:.

All. tluU. piece or ])arcol of land eoiilaiiiing by adineasiireiuent one rood one [)crcli and lial t' ii porch, bo the same more or loss, situate, lying, and being in the Colony of A cw South Wales, in the county of AV^ynyard, |)arisli of South AVagga AVagga, and town of vSouth Wagga Wagga, being allotment number one of section number thirty-c'ight : Commencing on the south-eastern aide of dohnston-street, a t the western corner of allot­ ment number five ; and bounded thence on the north-west by tha t street Bouth-westerly two chains sixty links ; on the south-west by part of the north-eastern boundary lino of allotment number two south-easterly, a t right angles to Johnston-street, one chain ; on the south-east by the north-western boundary line of allotment number three nor th ­ easterly, parallel with Johnston-street, two chains sixty links ; and on the north-east by the south-western boundary line of allotment number live aforesaid north-westerly, at r ight angles to Johnston-street, one chain, to the point of commencement.

SEC O N D SC H ED U LE.

All that piece or parcel of land containing by admeasurement eight perches, bo the same more or les,s, situate, lying, and being isi the Colony of New South AVales, in the county of ANynyard, parish of South AVagga AV^agga, and towir of South AVagga Wagga, being allotment number five of section number th ir ty -e igh t: Commencing on the soutli-ca.storn side of Johnston-street, a t its intersection wdth the south-western side of F itzm auricc-strect; and bounded thence on tlie north-west by Johnston-street bearing south si.xty degrees west fifty links ; on the south-west by the north-eastern boundaiy of allotmejit one, of one rood one perch and half a pcrcli, bearing south th ir ty degrees east one chain ; on the south-east by the north-western boundary of allotment four of twenty-six perches and tlirco-fourths of a perch, bearing north sixty dc^grecs oast fifty link.s to Fitzraaiirice-street aforesaid; and on the Jiorth-east by tha t street bcai'ing north thirty degrees west one chain, to the point of commencement.