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New South Wales act
This Act vests two specified parcels in the Crown, requires trustees to convey title, and directs the Governor to build “The David Berry Hospital” within ten years while maintaining a temporary hospital until then. Land revenues must go to Treasury, are charged to the Consolidated Revenue Fund up to a certified ceiling, and are first applied to hospital upkeep (then limited funding for local agricultural/veterinary institutions). The Governor gains broad powers to sell, lease or dedicate the lands and to regulate the hospital; trustees’ will liabilities are preserved.
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Direct links to the current provisions in David Berry Hospital Act 1906.
2 Definitions
In this Act, unless the context requires another meaning:
The hospital trustees means the trustees for the time being of the said indenture of settlement of the thirteenth day of August, one thousand nine hundred and three.
The testator means the late David Berry.
The will means the will, dated as aforesaid, of the late David Berry.
3 Lands in Schedules vested in Crown
The lands described in the Schedules to this Act are vested in His Majesty, free from all estates and interests, and from all trusts, conditions, reservations, dedications, and easements affecting the same, and are divested from any other person having any right, title, or interest to or in the same.
The hospital trustees, the trustees of the will, and all persons claiming through or under them, shall, at the request of the Colonial Treasurer, execute all conveyances, transfers, and assurances, and do all things necessary to convey, transfer, and assure the said lands to His Majesty. The costs of such conveyances, transfers, and assurances shall be borne by the Crown.
4 Manner in which lands may be dealt with
(1) The said lands, or any part thereof, may be dealt with as follows:
(a) The land described in Schedule One may be used as the site for the David Berry hospital, or may be dealt with under the next succeeding paragraph.
(b) The residue of the lands described in the Schedules to this Act not so used may be reserved or dedicated for public purposes, including wharves, railways, recreation reserves, and public roads and places, or may be vested in the Sydney Harbour Trust Commissioners, and for such purposes, and for purposes relating thereto, shall be deemed to be Crown lands within the meaning of the Crown Lands Acts.
(c) Any part thereof not required for any such purpose as aforesaid may be sold by the Governor by public auction or private contract on such conditions as he thinks fit.
(d) Any part thereof may be leased by the Governor for such term and subject to such conditions as he thinks fit.
(2) The proceeds and revenues of such lands shall be paid into the Treasury, and shall form part of the Consolidated Revenue Fund.
5 Charge on Consolidated Revenue
The Consolidated Revenue Fund is charged to the amount of the value of the lands described in Schedule Two, as periodically certified by the Government land valuator, and not exceeding one hundred thousand pounds.
6 Hospital to be erected within ten years
The Governor shall, within ten years, construct and fit out with all necessary furnishings and appliances a hospital for non-infectious diseases, to be called “The David Berry Hospital”, which shall be erected on the site described in Schedule One hereto, or on some other suitable site to be acquired on behalf of His Majesty at or near the township of Berry, and may from time to time add to such hospital and to such furnishings and appliances: Provided that until the said hospital is constructed and fitted out, the Governor shall maintain the present temporary hospital at Berry.
7 Application of amount charged
After providing out of the amount so charged for the outlay incurred in pursuance of the preceding section, the Governor shall apply the net revenue derived from the lands described in Schedules One and Two hereto, or the residue thereof, in the maintenance of the hospital, and subject thereto in or towards the establishing, maintenance, and repair, in the district of Berry, of technical and agricultural colleges and other institutions for the promotion of agricultural and veterinary science: Provided that the total amount to be expended under this subsection upon the hospital and other institutions shall not exceed three and a half per centum per annum on the said value of the land described in Schedule Two.
8 Until revenue from lands sufficient, cost to be a charge upon the Consolidated Revenue Fund
Until the revenue derived from the lands described in Schedules One and Two is sufficient to maintain and repair the said hospital, the cost of such maintenance and repair shall be a charge upon the Consolidated Revenue Fund, and may be taken into account against revenues later to be derived as aforesaid.
9 Saving
Nothing in this Act shall be deemed to release the trustees of the will from any liability or obligation if any under the will.
10 Regulation of hospital
The Governor may make regulations for the governing of the said hospital, and may, in such regulations, impose any penalty not exceeding twenty pounds for the breach of the same. Such penalties may be recovered in a summary way before the Local Court.
s 10: Am 1999 No 31, Sch 4.24; 2007 No 94, Sch 2.
whole Act: Am 1999 No 31, Sch 5.32 (each heading that is not a sec heading or a Sch heading omitted).
Schedule One
ALL that piece or parcel of land, containing an area of thirty acres one rood, or thereabouts, situated in the municipal district of Berry, parish of Coolangatta, county of Camden, and comprised in certificate of title volume one thousand five hundred and eighteen, folio thirty-five, registered in the office of the Registrar-General, Sydney.
Schedule Two
All those pieces or parcels of land containing an aggregate area of eighty-eight acres two roods twenty-nine perches, or thereabouts, situated in the borough of North Sydney, parish of Willoughby, county of Cumberland, and comprised in certificate of title volume one thousand five hundred and twenty-four, folio two hundred and forty-four, registered in the office of the Registrar-General, Sydney.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
This Act may be cited as the David Berry Hospital Act 1906.
2 Definitions
In this Act, unless the context requires another meaning:
The hospital trustees means the trustees for the time being of the said indenture of settlement of the thirteenth day of August, one thousand nine hundred and three.
The testator means the late David Berry.
The will means the will, dated as aforesaid, of the late David Berry.
3 Lands in Schedules vested in Crown
The lands described in the Schedules to this Act are vested in His Majesty, free from all estates and interests, and from all trusts, conditions, reservations, dedications, and easements affecting the same, and are divested from any other person having any right, title, or interest to or in the same.
The hospital trustees, the trustees of the will, and all persons claiming through or under them, shall, at the request of the Colonial Treasurer, execute all conveyances, transfers, and assurances, and do all things necessary to convey, transfer, and assure the said lands to His Majesty. The costs of such conveyances, transfers, and assurances shall be borne by the Crown.
4 Manner in which lands may be dealt with
(1) The said lands, or any part thereof, may be dealt with as follows:
(a) The land described in Schedule One may be used as the site for the David Berry hospital, or may be dealt with under the next succeeding paragraph.
(b) The residue of the lands described in the Schedules to this Act not so used may be reserved or dedicated for public purposes, including wharves, railways, recreation reserves, and public roads and places, or may be vested in the Sydney Harbour Trust Commissioners, and for such purposes, and for purposes relating thereto, shall be deemed to be Crown lands within the meaning of the Crown Lands Acts.
(c) Any part thereof not required for any such purpose as aforesaid may be sold by the Governor by public auction or private contract on such conditions as he thinks fit.
(d) Any part thereof may be leased by the Governor for such term and subject to such conditions as he thinks fit.
(2) The proceeds and revenues of such lands shall be paid into the Treasury, and shall form part of the Consolidated Revenue Fund.
5 Charge on Consolidated Revenue
The Consolidated Revenue Fund is charged to the amount of the value of the lands described in Schedule Two, as periodically certified by the Government land valuator, and not exceeding one hundred thousand pounds.
6 Hospital to be erected within ten years
The Governor shall, within ten years, construct and fit out with all necessary furnishings and appliances a hospital for non-infectious diseases, to be called “The David Berry Hospital”, which shall be erected on the site described in Schedule One hereto, or on some other suitable site to be acquired on behalf of His Majesty at or near the township of Berry, and may from time to time add to such hospital and to such furnishings and appliances: Provided that until the said hospital is constructed and fitted out, the Governor shall maintain the present temporary hospital at Berry.
7 Application of amount charged
After providing out of the amount so charged for the outlay incurred in pursuance of the preceding section, the Governor shall apply the net revenue derived from the lands described in Schedules One and Two hereto, or the residue thereof, in the maintenance of the hospital, and subject thereto in or towards the establishing, maintenance, and repair, in the district of Berry, of technical and agricultural colleges and other institutions for the promotion of agricultural and veterinary science: Provided that the total amount to be expended under this subsection upon the hospital and other institutions shall not exceed three and a half per centum per annum on the said value of the land described in Schedule Two.
8 Until revenue from lands sufficient, cost to be a charge upon the Consolidated Revenue Fund
Until the revenue derived from the lands described in Schedules One and Two is sufficient to maintain and repair the said hospital, the cost of such maintenance and repair shall be a charge upon the Consolidated Revenue Fund, and may be taken into account against revenues later to be derived as aforesaid.
9 Saving
Nothing in this Act shall be deemed to release the trustees of the will from any liability or obligation if any under the will.
10 Regulation of hospital
The Governor may make regulations for the governing of the said hospital, and may, in such regulations, impose any penalty not exceeding twenty pounds for the breach of the same. Such penalties may be recovered in a summary way before the Local Court.
s 10: Am 1999 No 31, Sch 4.24; 2007 No 94, Sch 2.
whole Act: Am 1999 No 31, Sch 5.32 (each heading that is not a sec heading or a Sch heading omitted).
Schedule One
ALL that piece or parcel of land, containing an area of thirty acres one rood, or thereabouts, situated in the municipal district of Berry, parish of Coolangatta, county of Camden, and comprised in certificate of title volume one thousand five hundred and eighteen, folio thirty-five, registered in the office of the Registrar-General, Sydney.
Schedule Two
All those pieces or parcels of land containing an aggregate area of eighty-eight acres two roods twenty-nine perches, or thereabouts, situated in the borough of North Sydney, parish of Willoughby, county of Cumberland, and comprised in certificate of title volume one thousand five hundred and twenty-four, folio two hundred and forty-four, registered in the office of the Registrar-General, Sydney.