New South Wales: Raymond Terrace Mechanics School of Arts Sale Act 56 Vic (NSW)

1893. 56° VIC. Raymond Terrace Mechanics School of Arts Sale. An Act to enable the present or other the ®:xo0x trxnacx Mrcuanics trustees for the time being ofthe Mechanics 82,0" ax School of Arts, at Raymond Terrace, in the Colony of New South Wales, to sell the lands, hereditaments, buildings, and premises, and goods and chattels vested in them as such trustees as aforesaid, and to apply the proceeds of such sale if and when effected in the manner and for the purposes hereinafter specified. [14th February, 1893. | SALE. IEREAS by an indenture by way of conveyance bearing date Preamble. the thirtieth day of December, one thousand eight hundred and seventy-nine, and made between James Lill, thercin described of the one part, and John Richardson, James Kilgour, John Jacob Michel, John Cowan Garrett, John Shadrach Hart, and William Edward Shaw, therein described as trustees of the Raymond Terrace Mechanics School of Arts, of the other part, the said James ILill did appoint, and did also grant, bargain, scll, release, and confirm unto the said trustees and their heirs all that the piece of land and heredita- ments therein mentioned and sect out in the Schedule to this Act, to hold unto and to the use of the said trustees, their heirs and assigns, to the intent that a building might be crected on the said parcel. of land for the use of the members for the time being of the said Raymond 'Terrace Mechanics School of Arts: And whereas 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 appomt a new trustee or new trustees in the room of any trustee or trustees 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 i 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 named in the resolution or conveyance, be conclusive evidence of the due appointment of the trustees therein named: And whereas the said James Kilgour departed this life on or about the fourteenth day of February, one thousand eight hundred and eighty one: And whereas by a certain memorandum bearing date the tw enty-sixth day of August, one thousand eight hundred and eighty-six, under the hand of the said William Ed ward Shaw, he the said William Edward Shaw did retire from the trusts of the said recited indenture: And whereas in pursuance of and in due accordance with the provisions of the said recited indenture one Lot Bishop and one Joln Parsons Green were duly appointed trustees of the said recited indenture, in the room of the said James Kilgour, deccased, and of the said William Edward Shaw: And whereas by a resolution passed by a majority of the said members of the said Raymond Terrace Mechanics School of Arts and actually present, it was resolved that the then trustees of the said recited indenture should be, and they were thereby empowered to borrow 56' VIC. 1898. Bay aymond Terrace Mechanics School of Arts Sale, borrow the sum of four hundred pounds, to be applied i in and towards the payment and liquidation to that amount of the debts and liabilities of the said Raymond 'Terrace Mechanics School of Arts, and to mortgage the land and premises described in the said indenture, with al the buildings and erections thereon, and all the rights and appurte- nances thereto belonging, as security for the repay ment of the said sum and interest thereon, at such rate, for such term, and upon such conditions and stipulations as the said trustees might deem fiti: And whereas the said trustees then arranged to borrow from one William Scully the said sum of four hundred pounds for the purposes 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 o mortgage, bearing date the nineteenth day of October, one thousand eight hundred and eighty-six, and made between John Richardson, 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 thirtieth day of December, one thousand cight hundred and seventy-nine) of the one part, and the said William Scully of the other part, it was Witnessed that in consideration of four hundred pounds then paid by the said mortgagee to the said mortgagors, they and each of them did thereby erant, 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 mortgagec, 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 duc and to become due on the said mortgage: And the said indenture of mortgage further contained the usual power of sale in case of default in payment of the said principal sum and interest, the usual proviso for quict enjoyment until default in payment of said principal and interest, and the usual covenants contained in deeds of alike nature : And whereas 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 any funds for that purpose in their hands or at their disposal: And whereas the Municipal Council of Raymond Terrace ave desirous of purchasing the said land with the buildings and improvements thereon as a Town Ifall, and for the purpose of establishing a School of Arts or a Free Library there, in accordance with the "Municipalities Act of 1867," and for general municipal purposes: And whereas the said trustees, with the consent of the said William Scully as such mortgagee as aforesaid, and with the consent of a majority of the members of the said Mechanics School of Arts actually present at a meeting duly convened for that purpose, and by a resolution then passed which was duly confirmed by a majority of the members of the said Mechanics School of Arts actually present at another mceting called for the purpose of confirming such resolution, have agreed to sell the said allotment or parcel of land and premises, together with 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 Raymond 'Terrace: And whereas it is doubtful whether the said trustees had the power to mortgage the said land as aforesaid, and it is also doubtful what effect a reconveyance of the said allotment or parcel of land if executed would have, and who should be the persons to whom the same should be so reconveyed, and, further, 1893. 56° 13 ~ Raymond Ter -rPUce Mechanics "School of rls Sale. further, whether in case of such reconveyance being executed the present trustees of the said recited indenture, or the former trustees thereof, or the representatives of any deceased trustee could thereafter jointly or otherwise sell the said allotment or parcel of land to the said Municipal Council, and pass a good title to that Council, even although directed to do so by a resolution of the majority of the members of the said Mechanies School of Arts, at a meeting duly called for that purpose: And whereas the said Municipal Council have determined not to purchase the said allotment or parcel of land with the buildings and improvements thereon unless they are assured of a good title thereto, and that the same should be absolutely freed and discharged from the imcumbranee created by the said mortgage, and all trusts or incumbrances affecting the same: And whereas there are also vested in the said trustees certain goods and chattels used in connection with the said Mechanics School of Arts, and they are desirous of sclling the same in the manner and for the purposes hereinafter mentioned: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— 1. Tt shall be lawful for the said John Richardson, John Jacob Trustees may ell to Michel, John Cowan Garrett, John Shadrach Hart, Lot Bishop, and Municipal Couneil John Parsons Green, as such trustees as aforesaid, or other the trustees Raymond Terrace. for the time being of the said indenture of the thirticth day of December, one thousand cight hundred and seventy-nine, to sell, and, with the consent and joinder of the said William Scully as such mortgagee as afores said, to absolutely convey and assure the said Jand, hereditan nents, and prenises, set out in the Schedule hereto, together with the said Mechanics School of Arts, and all buildings erected thereon, to the said Municipal Council of Raymond Terrace, sO as to vost the same in the said Municipal Council in fee simple. . The said Municipal Council shall pay to the said William Mortgagec to be Scully a as such mortgagee such sum as will be a full and complete dis- paid principal and charge of all moneys due and owing in respect of the aforesaid mortgage; and upon such payment as aforesaid, and the execution by the said trustees and the said William Scully of the conveyance aforesaid, the said land, buildings, and premises shall vest in the Municipal Council, free from all inecumbrances and trusts whatsoever, and the said Municipal Couneil shall be held and considered to have acquired a perfect and indefeasible title thereto. 3. It shall be lawful for the said trustees to sell to the said Trustees may sell Municipal Council the goods and chattels used in connection with the 2327" chattels used in connection said Mechanies School of Arts at such price as may be agreed upon, with School of Arts. and the said Municipal Council shall and may use the same in connection with the School of Arts and Free 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 Purposes for which aforesaid is exceuted) hold the land, and the buildings and improve- (een a ments thereon as and for a 'own Hall, and a School of Arts or athe land and Free Library, and for other general municipal purposes. buildings. 5. It shall be lawful for the said trustees to sell any other Trustees may sell goods and chattels vested in them as such trustees as aforesaid, and to ober go vod lispose apply and dispose of the proceeds and any other moneys which. they of proceeds. may have in hand in paying the costs, charges, and expenses connected with the sales hereby authorised, or with the passing of this Act, and the surplus (if any) in such manner as may be directed by a meeting of the members of the said Mechanics School of Arts called for the purpose; and from and immediately after the conclusion of such meeting Short title. 56° VIC. 1893. Willoughby and Gordon Tramway Acts Amending. meeting or any adjournment thereof, being a final meeting, the said trustees shall cease to be such trustees as aforesaid, and their dutics and responsibilities in respect of their said office shall likewise ccase and determine, save and except in such eases and in respect to such causes of action or suit as might have accrued or be accruing to them, or existing against them antecedent to or up to the date and time of the holding of such meeting. 6. This Act may be 'styled and cited as the " Raymond Terrace Mechanics School of Arts Sale Act." THE SCHEDULE REFERRED TO. All that allotment or parcel of land containing by admeasurement two roods, and situated in the town of Raymond Terrace aforesaid, allotment number scventcen of section number 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 bya 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 degrecs east one chain; and on the north-east by a line dividing it from allotment number eighteen bearing cast forty degrees south five chains to Sturgeon- -strect, being the allotment sold as lot nine in pursuance of the advertisement of twenty- -fitth September, one thousand eight hundred and thirty-eight.