New South Wales: Tumut School of Arts Site Sale Act of 1890 54 Vic (NSW)

1890. 5f VIC. ol Tumut School of Arts Site Sale. An Act to authorize the sale of the site of revert sate. or Ants SITE SALE, the Tumut Sehool of Arts and to provide —— — for the expenditure of the money reecived therefrom in the ereetion of suitable build- ines for a hke purpose on a new site. [15th December, 1890. | JAIEREAS by Crown grant under the hand and scal of Sir Preumbie. ' Augustus William Frederick Spencer Loftus, Governor-in-Chicf of the Colony of New South Wales, and dated the thirtecnth day of June, one thousand cight hundred and eighty-one, the land described in the Schedule hereto was granted unto James Robertson, Montague Marks, Robert Blosse Lynch, William Bridle, and Nathanicl Emanucl, upon trust (iter alia) to permit and suffer the said land to be appro- priated as a site or place for the ercction of such building or buildings for the: School of Arts established in the town of 'lumut, as the president, senior vice-president, and treasurer, for the time being, of such institution, or other the managing officers thereof, should think fit. And whereas the said James Robertson and Robert Blosse Lynch having departed this life, Edward George Brown and John Weeden were, with the approval of the Governor and Exccutive Council, appointed trustees in the place or stead of the said James Robertson and Robert Blosse Lynch, deceased. And whereas in exercise and pursuance of the powers and obligations contained in the said Crown. grant, the said lands have been duly transferred to, and are now vested in, the said Montague Marks, William Bridle, Nathanicl Emanucl, Edward George Brown, and John Weeden upon the afore- said trusts. And whereas the said land is nota suitable or cligible site for the erection of a building or buildings for the said Tumut School of Arts as aforesaid. And whereas certain other land forming a more cligible site has recently been purchased by the said institution, and has been conveyed or assured to Edward George Brown, William Bridle, and John Weeden upon similar trusts for the purposes of the said institution to those declared or created by the Crown grant here- inbefore referred to, and the purchase money for the Jast-mentioned land or site has heen fully paid out of funds at the disposal of the said institution, And whereas it is expedient that the said land described in the Schedule hereto should be sold, and that the proceeds to arise from such sale should be handed to the said Edward George Brown, William Bridle, and John Weeden to be applicd in or towards the erection of a building or buildings for the aforesaid School of Arts upon the said recently-purchased site. Be it therefore enacted by the Qucen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South 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 Trustces authorized the provisions hereinafter contained, for the said Montague Marks, '°*"" William Bridle, Nathaniel Emanuel, Fdward George Brown, and John Weeden, hereinafter styled trustees, or the survivors or survivor of them or other the trustees for the time being of the said grant, to sell and dispose of the said land described in the Schedule hereto or any part or parts thereof by public auction or private contract, and cither in one or several lots, and cither at one time or at different times, and upon such terms and conditions as to title, time, and manner Powers only to be used when authorized by three-fourths majority at two meetings, and subject, to consent 0 Minister of Public Inetructicr. Application of proceeds of sale. Trusts of the land declared. 5# VIC. 1890. Tumut School of Arts Site Sale. manner of payment and otherwise as they shall deem expedient, and for such price or prices as can be 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 when sold to convey the land or any part or parts thereof to the purchaser or purchasers thereof, or as he or they shall direct, in fee simple, freed, and discharged from the trusts affecting the same, and the receipts of the trustecs or the survivors or survivor of them or other the trustees for the time being of the said grant for the purchase money of the whole or any part of the land shall discharge the purchascr thereof from the purchase money payable by him, and from any obligation to see to the application thercof, and from any liability in respect of the loss, non-application, or misapplica- tion thereof. 2. The powers of sale hereby authorized shall not nor shall any of them be exercised unless the same shall be authorized by a resolu- tion duly passed and carried by not less than threc-fourths of the ¢ members of the institution as may be present at a mecting specially convened for the purpose, in manner provided for calling special meetings by the rules and regulations thereof for the time being, and confirmed by a resolution duly passed and carried by a like majority of such members as may be present at a subsequent mecting of the members of the institution to be also specially called for the purpose in manner aforesaid, and to be held not less than one calendar month from the date of holding the meeting first above-mentioned. And provided also, that prior to any proposed sale being completed, the consent of the Minister for Public Instruction for the time being shall be obtained in writing after full statement to him of the facts relating to such proposed sale. 3. The moneys to be produced or raised by any such sale as aforesaid shall be paid into the hands of the said Edward George Brown, William Bridle, and John Weeden, or the survivors or survivor of them or other the trustees for the time being of the said recently purchased site, to be applied by them in or towards the erection of a building or buildings for the said School of Arts upon the said land or site recently purchased for that purpose, and the receipt of any person or persons to whom any moneys shall be paid under the provisions of this Act shall be a valid and complete discharge to the person or persons paying the same, his or their heirs or assigns, for such moneys. 4, The said recently purchased site shall be held by the said Edward George Brown, William Bridle, and John Weeden, or the survivors or survivor of them, or other the trustees or trustee for the time being to be appointed in manner hereinafter provided upon the trusts, and for the intents and purposes in and by the conveyance or assurance thereof to the said Edward George Brown, William Bridle, and John Weeden expressed, save and except such provisions thereof as are inconsistent with the provisions hereinafter contained relating to the appointment of a new trustee or new trustees in ease of a vacancy or vacancies occurring in the trusteeship, and upon the further trusts to permit and suffer the said land and all buildings erected or to be erected thereon to be used and enjoyed for the pur- poses of the said institution, known as or called the Tumut School of Appointment of new Arts: And, notwithstanding anything contained in the conveyance trustees. or assurance to the said Edward George Brown, William Bridle, and John Weeden, of the said recently-purchased land or site, or in any other decd declaring or affecting the trusts thereof, or any rule or regulation of the said institution to the contrary, if the said Edward George Brown, William Bridle, and John Weeden, or any, or cither of 1890. 54 VIC. 33 Tumut School of Arts Site Sale. of them, or any trustee or trustees to be appointed as hercinafter provided, shall die, or resien, become insolvent, bankrupt, or insane, or ecase to reside within thirty miles of the town of 'Tumut for a continuous period of more than two years, then, and in any or cither of such cases, it shall be lawful for the members of the said institution, by a resolution duly passed and carried by not less than three-fourths of the members of the institution, present at a mecting specially convened for the purpose in the manner provided for calling special meetings by the rules and regulations of the said institution for the time being, and confirmed by a resolution duly passed and carried by the like number of the members present at a subsequent meeting of the members of the institution, to be also speciaily called for the purpose in manner aforesaid, and to be held not less than one ealendar month from the date of holding the mecting specially convened as first above-mentioned, from time to time, or at any time, to declare the seat or seats of such trustee or trustees vacant, and the same shall be vacant, provided such trustee or trustees of the said institution shall have been fully discharged and released from, or indemnitied against, any and every liability which he or they may have incurred for the use or benefit of, or in any manner in respect of, the said institution, under or by reason of any mortgage, cash credit, or other bond, covenant, agreement, or other undertaking of any kind whatsoever, and if the consent in writing to his or their removal from the sai¢ trust, duly signed by any such trustee or trustees, or of the executors or administrators of any deceased trustee or trustees, or of the officia assignee or committee of any such insolvent, ban! krupt, or insane trustee or trustees shall have' been transmitted to, and reecived by the Governor and Executive Council, with a copy of the decision of the special general mectings of the members of the institution, duly signed by the president of the institution for the time being, then, with the consent of the Governor and Executive Council, it shall be lawful for the members of the institution, from time to time, to elec other trustees or trustee to supply the vacancy in the trustecship so caused; and if the Governor and Exceutive Council approve of the person or persons so elected, a notification to that effect, duly signed by the president of the institution for the time being, and pub ished in the Gazette, shall be evidence of the appointment of such new trustees or and effcet thereof, trustee as aforesaid, and shall have the effeet in the ease of such vacancy occurring, otherwise than by death, of divesting the estate of the retiring trustces or trustec, and in all cases shall have the effect of vesting the trust property (if any) which, for the time being, shall be vested in the surviving or continuing trustees or trustee, in the new trustees or trustee named in such notice jointly with the surviving or continuing trustees or trustee, as the case may require, without further conveyance. 5. This Act may be cited as the "Tumut School of Arts Site shert title. Sale Bill of 1890." SCHEDULE. All that piece or parcel of land containing by admeasurement one acre one rood and half a perch, be the same more or less, situate, lying, and being in the said Colony of New South Wales, in the county of W ynyard, parish of Tumut, and town of Tumut, being allotment number five of section twenty-six: Commencing at the eastern corner of the seetion ; and hounded thence on the south-east by W. ynyard- street south-westerly five chains; on the south-west by the north-eastern boundary ine of allotment four north- -westerly at right angles to. Wynyard-street two chains "fifty~ one links; on the north-west by the south-castern boundary-line of allotment six north- easterly parallel with Wynyard-street five chains to Simpson-strect; and on the north-cast by that street south-casterly two chains fifty-one links, to the point ot commencement, An