Section 1 - Returned Sailors and Soldiers Imperial League of Australia Act 1921 - Returned Sailors and Soldiers Imperial League of Australia Act 1921 | Zoe
Victorian Legislation and Parliamentary Documentsi
Version No. 001
Returned Sailors and Soldiers Imperial
League of Australia Act 1921
Act No. 3158/1921
Version as at 26 February 2003
TABLE OF PROVISIONS
Section Page
Short title 3
Power to trustees for the time being to borrow by mortgage 4
Lender not required to see to appropriation of or answerable for
misappropriation of moneys advanced 5
SCHEDULE—Returned Sailors and Soldiers Imperial League of
Australia (Victorian Branch) 6
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ENDNOTES 12
General Information 12
Table of Amendments 13
Explanatory Details 14
Victorian Legislation and Parliamentary Documents1
Version No. 001
Returned Sailors and Soldiers Imperial
League of Australia Act 1921
Act No. 3158/1921
Version as at 26 February 2003
An Act to confer certain powers on the Trustees for the time
being under a Deed of Trust under which certain Land is held
upon trust for the Members of a Body unincorporate known as
the Victorian Branch of the Returned Sailors and Soldiers
Imperial League of Australia.
Preamble
WHEREAS in a certain deed of trust bearing date
the fourth day of February One thousand nine
hundred and nineteen (a copy whereof is set out in
the Schedule to this Act) it is recited in effect inter
alia that certain moneys were raised by
contributions and donations from the public for the
benefit of the members of a certain body
unincorporate known as the Victorian Branch of
the Returned Sailors and Soldiers Imperial League
of Australia (thereinafter designated and referred to
as "the said Victorian Branch") and that further
moneys may be thereafter raised for the benefit of
the members of the said Victorian Branch by
contributions and donations from the public or
otherwise and that the objects and purposes for
which the said moneys have been and may be
raised included certain objects and purposes set out
in the said deed of trust:
AND WHEREAS in the said deed of trust it is
stated that certain persons therein named do for
themselves and the survivor or survivors of them
and the heirs executors and administrators of such
survivors and other the trustees or trustee for the
time being of those presents (thereinafter called
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"the trustees") thereby admit acknowledge and
declare that the trustees hold the said moneys and
all moneys to be thereafter received by the trustees
for the purposes of those presents and all property
real and personal acquired by the trustees with the
same or any part or parts thereof and all
investments representing the same or any part or
parts thereof and the income rents profits and
produce thereof upon trust for the members for the
time being of the said Victorian Branch and with
and subject to the terms conditions stipulations and
provisions thereinafter in the said deed of trust
contained:
AND WHEREAS the said deed of trust in effect
also provides inter alia that the trustees shall have
full power to purchase certain freehold land and
buildings therein referred to and for that purpose
enter into a contract (including the taking over of a
certain mortgage therein referred to on the said
lands and buildings) as therein provided, and to
make additions and alterations and effect
improvements to the said land and buildings and to
erect buildings upon all or any vacant land vested
in or held by the trustees and if thought fit to pull
down in whole or in part any buildings or other
erections on any land vested in or held by the
trustees and if thought fit to erect buildings or
improvements on such land or any part thereof:
AND WHEREAS the said deed of trust further
provides in effect for the appointment of a new
trustee or new trustees on the happening of the
events therein mentioned:
AND WHEREAS certain persons have been
appointed as new trustees:
AND WHEREAS the said freehold land in the
recitals to said deed of trust described as situated at
number 151 Collins-street Melbourne and being
Crown allotment eleven, section six, city of
Melbourne, parish of North Melbourne, county of
Bourke, and more particularly described in the
certificate of title entered in the register book of
Preamble
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the Office of Titles, volume 4281, folium 856089,
has been purchased by certain persons purporting
to act as trustees under the said deed of trust who
in the said certificate of title are registered as the
proprietors of the said land:
AND WHEREAS certain additions alterations and
improvements have been and may hereafter be
made and certain buildings have been and may
hereafter be erected on the said freehold land and
the trustees for the time being desire to borrow and
take up moneys at interest on the security of the
said freehold land or the equity of redemption
thereof for the purpose of the payment of the cost
of making any such additions alterations and
improvements and of erecting any such buildings:
AND WHEREAS it is expedient as hereinafter
provided to authorize the said trustees for the time
being to borrow and take up moneys at interest on
the security of the said freehold land or the equity
of redemption thereof for the said purpose and also
for the purpose of effecting as and when it may be
deemed advisable or expedient any renewal of the
hereinbefore recited mortgage or any mortgage
under this Act or any mortgage in substitution for
any such mortgage as aforesaid:
BE IT THEREFORE ENACTED by the King's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
Short title
This Act may be cited as the Returned Sailors
and Soldiers Imperial League of Australia Act
s. 1
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2. Power to trustees for the time being to borrow by
mortgage
(1) For the purpose of the payment of the cost of
making any additions alterations and
improvements heretofore or hereafter made on the
said recited freehold land and of erecting any
buildings heretofore or hereafter erected thereon
the trustees for the time being under the said deed
of trust (hereinafter referred to as "the said
trustees") are hereby authorized to borrow and
take up moneys at interest on the security of the
said recited freehold land or the equity of
redemption thereof.
(2) The said trustees are hereby authorized to renew
as and when it may be deemed advisable or
expedient the hereinbefore recited mortgage or
any mortgage under this Act or any mortgage in
substitution for any such mortgage as aforesaid;
and for the purpose of effecting any such renewal
are hereby authorized to borrow and take up such
moneys as may be necessary to give effect to such
purpose at interest on the security of the said
freehold land or the equity of redemption thereof.
(3) For the purpose of securing the repayment of any
moneys borrowed by them under the powers
conferred by this Act the said trustees may
mortgage the said freehold land or the equity of
redemption thereof to the person who lends such
moneys as a security for the repayment of the
moneys so borrowed together with interest for the
same.
(4) The powers conferred by this Act shall be
exercised subject to the like terms conditions
stipulations and provisions as if the said powers
had been included in the said recited deed of trust.
s. 2
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3. Lender not required to see to appropriation of or
answerable for misappropriation of moneys
advanced
No person lending any moneys to the said trustees
under the provisions of this Act shall be bound to
see to the appropriation or be answerable for the
loss or misappropriation thereof.
s. 3
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SCHEDULE
RETURNED SAILORS AND SOLDIERS IMPERIAL LEAGUE OF
AUSTRALIA (VICTORIAN BRANCH)
COPY OF DEED OF TRUST
To all to whom these presents shall come we John Keatly Forsyth of Lindo-
crescent Glenferrie George Robert Palmer of 120 Glen Lyon-road Brunswick
Victoria Gilbert Joseph Cullen Dyett of Majestic Mansions Fitzroy-street
Saint Kilda Duncan McDougall of Ash-grove East Malvern and Charles John
Mullins of 237 Maribyrnong-road Ascot Vale send greeting:
WHEREAS certain moneys amounting to approximately the sum of Fifteen
thousand pounds have been raised by contributions and donations from the
public for the benefit of the members of the Victorian Branch of the Returned
Sailors and Soldiers Imperial League of Australia an unincorporated body
having its office situate at Alexander Buildings number 27 Swanston-street
Melbourne and hereinafter designated and referred to as "the said Victorian
Branch" the property and affairs of which are by its rules and by-laws under
the management and control of the following office-bearers viz. a president
five vice-presidents a treasurer (all of whom are ex officio members of the
committee) and a committee of fifteen other members all of whom are
hereinafter designated and referred to as "the committee" and whereas further
moneys may be hereafter raised for the benefit of the members of the said
Victorian Branch by contributions and donations from the public or otherwise
and whereas the objects and purposes for which the said moneys have been
and may be raised included—
(a) acquiring land in the city of Melbourne and building thereon a
memorial hall and buildings suitable for being used as club rooms
and if deemed expedient for offices shops or a warehouse or
(b) buying in the said city of Melbourne land and buildings capable of
being altered or used for the purposes above set out or any of them
or
(c) leasing any premises or portion of any premises for the purposes of
supplying club rooms for the use of members of the said Victorian
Branch and
(d) for providing furniture suitable or necessary for furnishing such club
rooms or advancing the moneys necessary to obtain the same
(e) for purchasing or otherwise acquiring band and other musical
instruments.
Preamble
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AND WHEREAS the committee of the said Victorian Branch has by
resolution duly passed under and in conformity with the said rules and bye-
laws requested us to act as trustees of the said moneys so raised and to be
raised as aforesaid and to receive and apply the same for or towards the
carrying out of the said purposes and objects and for that purpose to enter
into a contract with The City Property Limited a company duly incorporated
and having its registered office situated at number 151 Collins-street
Melbourne to purchase the freehold land and buildings situated at number
151 Collins-street Melbourne and certain personal estate consisting of bonds
debentures furniture fittings liquors and other chattels and effects for the sum
of Thirty-seven thousand pounds upon certain terms which include the taking
over of a mortgage on the said freehold land and buildings to secure the sum
of Sixteen thousand pounds and interest thereon and whereas we have agreed
to accept the position of such trustees and to receive and apply the said
moneys for the purposes aforesaid and to enter into the said contract and
generally to act as such trustees upon the terms and conditions and with and
subject to the powers authorities and provisions hereinafter contained and
upon the committee of the said Victorian Branch passing a resolution or
resolutions ratifying adopting and confirming all and singular the terms and
provisions of these presents and this has accordingly been done prior to the
execution of these presents now know ye that We the said John Keatly
Forsyth George Robert Palmer Gilbert Joseph Cullen Dyett Duncan
McDougall and Charles John Mullins do for ourselves and the survivor or
survivors of us and the heirs executors and administrators of such survivors
and other the trustees or trustee for the time being of these presents
(hereinafter called "the trustees") hereby admit acknowledge and declare that
the trustees hold the said approximate sum of Fifteen thousand pounds and all
other moneys to be hereafter received by the trustees for the purposes of these
presents and all property real and personal acquired by the trustees with the
same or any part or parts thereof and all investments representing the same or
any part or parts thereof (all of which are hereinafter included in the
expression "the trust premises") and the income rents profits and produce
thereof upon trust for the members for the time being of the said Victorian
Branch and with and subject to the terms conditions stipulations and
provisions hereinafter contained that is to say:
The trustees shall have full power to purchase the said freehold land
and buildings personal estate and effects the property of the said City
Property Limited for the sum of Thirty-seven thousand pounds or such
other sum as the committee shall think fit and for that purpose to enter
into such contract containing such terms and provisions including the
taking over of the mortgage on the said freehold land and buildings to
secure the said sum of Sixteen thousand pounds and interest thereon as
the committee shall think proper and to do all acts and things necessary
or proper to carry out such contract including the application of any
moneys in their hands forming part of the trust premises for the
purposes of the same.
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2. The trustees shall have full power to make such additions and
alterations and effect such improvements to the said freehold land and
buildings personal estate effects or any portion or portions thereof as
may be beneficial for the use and enjoyment thereof by the members of
the Victorian Branch and also to expend such sums as may be necessary
or proper for the maintenance and upkeep of the same with full power
and authority at any time or from time to time to erect buildings upon
all or any vacant land vested in or held by the trustees and if thought fit
to pull down in whole or in part any buildings or other erections on any
land vested in or held by the trustees and if thought fit to erect other
buildings or improvements on such land or any part thereof with full
power and authority at any time or from time to time to grant leases or
enter into agreements for leases of such portions of the said land and
buildings including any additions alterations and improvements thereto
and any new buildings or other erections for such term or terms not
exceeding five years and at such rentals and upon such terms and
conditions as the committee may think proper with power to accept
surrendering of leases or agreements for leases and make arrangements
with tenants and occupiers with power and authority also to expend
such moneys as may be thought fit in purchasing or otherwise acquiring
band or other musical instruments.
3. The trustees shall have full power at any time or from time to time to
sell all or any part or parts of the trust premises by public auction or
private contract either together or in lots or parcels at such price or
prices and upon such terms and generally as the committee shall think
fit with power to vary any contract of sale and to buy in at auction and
to rescind any contract of sale and to resell without being responsible
for any loss and they shall also have full power to apply all or any part
of the moneys received by them on any sale and also any other moneys
forming part of the trust premises in the purchase or acquisition of other
freehold or leasehold lands for the benefit of the members of the said
Victorian Branch and shall hold the same upon the same trusts and with
the like powers and with and subject to the like terms conditions and
provisions as are herein contained with respect to the said freehold land
and buildings and personal estate and effects to be acquired from The
City Property Limited.
4. None of the powers and authorities conferred upon the trustees by
clauses two and three hereof shall be exercised by them without the
authority of a resolution carried by the majority of the committee of the
said Victorian Branch present at a meeting of the said committee
specially called for the purpose of which seven days' notice at least
shall be given and provided that not less than fifteen members of the
committee shall be present at the meeting at which such authority is
given provided always that a certificate in writing under the hand of the
secretary for the time being of the said Victorian Branch that a meeting
has been held and that such resolution has been duly passed thereat
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shall as regards the trustees and all persons or corporations dealing with
them be conclusive evidence of the facts therein stated.
5. All moneys forming part of the trust premises and not required for
immediate investment or payment for the purposes of these presents
shall with all convenient speed be paid to the credit of an account to be
opened at the Commercial Bank of Australia Limited or such other
bank as the trustees and the committee of the said Victorian Branch
may from time to time decide upon to be called the "Returned Sailors
and Soldiers Memorial Buildings Trust Account" and all future
donations contributions and all other moneys including the income rents
profits and produce of the trust premises or of any part or parts thereof
shall be paid to the credit of this account as soon as practicable after the
same have been received by the trustees.
6. All moneys forming part of the trust premises and available for
investment including the income rents profits and produce thereof shall
be invested by the trustees in such manner and upon such investments
and securities as the committee of the said Victorian Branch shall from
time to time by resolution passed in the manner and in accordance with
the provisions and conditions set forth in clause four hereof and subject
thereto upon the investments and securities which trustees are by law
authorized to make.
7. No moneys in excess of Fifty pounds per calendar month shall be
withdrawn from the aforesaid account except on a resolution of the
committee of the said Victorian Branch and such resolutions shall be
passed by a majority of those present at a meeting of the said committee
at which fifteen members at least are present and the chairman of the
meeting at which such resolution was passed shall certify to the trustees
in writing to that effect and the trustees shall have full power and
authority on the authority of such certificate without being responsible
for any loss.
8. All cheques drawn on the Returned Sailors and Soldiers Memorial
Buildings Trust Account shall be signed by at least two of the trustees
and the treasurer for the time being of the said Victorian Branch and
shall be countersigned by the secretary of the said Victorian Branch.
9. The receipt by any three of the trustees for any moneys received or to
be received by them as part of the trust premises or for any other
moneys stocks funds shares securities or investments paid delivered or
transferred to them by virtue of these presents or in the execution of the
trusts or powers hereof shall effectually discharge the person or persons
corporation or corporations paying delivering or transferring the same
therefrom and from being bound to see to the application thereof or
being answerable for the loss or misapplication thereof.
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10. In addition to the ordinary indemnity given by law to trustees the
trustees and each of them their and each of their estates and effects shall
at all times hereafter be indemnified by and out of the trust premises
and the income rents profits and produce thereof against all debts
liabilities claims demands and accounts incurred or to be incurred by
them in respect of the trust premises or by reason of the exercise by
them of all or any of the powers and authorities conferred upon them by
these presents or by reason of the execution by them of the trusts
powers and provisions of these presents and they shall be entitled to be
reimbursed in the fullest manner out of the trust premises and the
income rents profits and produce thereof in respect of all costs charges
and expenses incurred by them and him in relation thereto or on
account thereof.
11. In the event of the unfitness or incapacity of any of the trustees hereby
appointed or hereafter to be appointed such trustee may be removed by
the central council of the Returned Sailors and Soldiers Imperial
League of Australia in the manner and in accordance with the
provisions (including the right to appeal) contained in the rules of that
body with respect to the removal of trustees appointed by or under
those rules but this power of removal shall not be exercised by such
central council unless and until a resolution of the committee has been
duly passed in accordance with the terms and provisions of clause four
hereof requesting such central council to act in exercise of this.
12. Should all or any or either of the trustees hereby appointed or to be
hereafter appointed die or become insolvent or bankrupt or be desirous
of retiring from the trusteeship or be removed by the central council
under the power given by the last preceding clause or should any
vacancy arise in the office of trusteeship from any cause whatsoever a
new trustee or new trustees may be appointed by the committee of the
said Victorian Branch to fill such vacancy or vacancies at a meeting
specially called for that purpose of which seven days' notice shall be
given provided that no such new trustee or trustees shall be appointed
unless at least fifteen of the members of the said committee are present
at such meeting and his or their appointment is confirmed at a
subsequent meeting of the committee at which fifteen at least of the
members are present held within one month from the date of the first
meeting hereinbefore referred to.
13. No person shall be eligible to be appointed as a trustee who is not a full
effective member of the said Victorian Branch and who has not
previously consented in writing to his appointment and has undertaken
if appointed to be bound by the terms conditions and provisions of these
presents.
14. The trustees shall present a full statement of accounts duly audited
showing their receipts and expenditure for the previous year to each
annual general meeting of the Victorian Branch.
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15. In case the income rents profits and produce received by the trustees
from the trust premises shall at any time or times be insufficient to meet
the expenditure necessary for the upkeep and maintenance of the trust
premises the amount of such deficiency shall be furnished to the
trustees by the committee out of any moneys in its hands or under its
control from time to time as occasion shall require.
In witness whereof the parties hereto have hereunto set their hands and seals
this fourth day of February One thousand nine hundred and nineteen.
Signed sealed and delivered by the said John
Keatly Forsyth in the presence of—
(Signed) GEO. PAGE
(Signed) J. K. FORSYTH (L.S.)
Signed sealed and delivered by the said George
Robert Palmer in the presence of—
(Signed) REGINALD G. PEISLEY
(Signed) GEO. R. PALMER
(L.S.)
Signed sealed and delivered by the said Gilbert
Joseph Cullen Dyett in the presence of—
(Signed) ALBERT KEMP
(Signed) GILBERT JOSEPH
CULLEN DYETT (L.S.)
Signed sealed and delivered by the said Duncan
McDougall in the presence of—
(Signed) REGINALD G. PEISLEY
(Signed) ARTHUR S. WOOLCOTT,
Solicitor, Melbourne
(Signed) D. McDOUGALL
(L.S.)
Signed sealed and delivered by the said Charles
John Mullins in the presence of—
(Signed) REGINALD G. PEISLEY
ARTHUR S. WOOLCOTT
(Signed) C. J. MULLINS (L.S.)
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ENDNOTES
General Information
The Returned Sailors and Soldiers Imperial League of Australia
Act 1921 was assented to on 21 December 1921 and came into operation on
21 December 1921.
Endnotes
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2. Table of Amendments
There are no amendments made to the Returned Sailors and Soldiers
Imperial League of Australia Act 1921 by Acts and subordinate
instruments.
Endnotes
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3. Explanatory Details
No entries at date of publication.
Endnotes