Anglican Church of Australia School Lands Act 1896
An Act to empower The Perth Diocesan Trustees 2 to sell, mortgage, or lease Perth Allotments H 7 and H 1, and to apply the proceeds or rents and profits thereof subject to and in accordance with certain trusts.
[Long title amended by No. 34 of 1918 s. 11.]
Whereas under and by virtue of an Act passed in the 49th year of the reign of Her present Majesty, numbered 19, intituled An Act to dissolve the Corporation of The Governors of the Perth Church of England Collegiate School, and for other purposes 3, all those lands and hereditaments known in the books of the Survey Office as Perth Allotments H 7 and H 1, together with the buildings thereon, and all rights, easements, and appurtenances thereto belonging, were vested in and declared to be thenceforth held and applied by The Standing Committee of the Synod of the West Australian Branch of the Church of England, for such educational purposes as such Committee should consider to be most nearly in accordance with the objects for which the said School was originally established 4.
And whereas, by the said Act, the said Standing Committee were, amongst other things, empowered to raise by mortgage of the said lands, tenements, and hereditaments, sufficient funds, not exceeding £1 400 5, for the re-payment to the Right Reverend Henry Hutton Parry, Bishop of Perth (since deceased), of certain moneys expended by him in building upon, repairing and improving the said lands, tenements, and hereditaments, with the interest due on such moneys; and the said Committee was also empowered to lease the said lands, tenements, and hereditaments, or any part thereof, for any term not exceeding 7 years, and to appropriate the whole of the rents, issues, and profits thereof towards paying the interest due upon any moneys raised upon mortgage, and towards paying off and reducing the moneys so raised until the said moneys and interest should be fully paid.
And whereas under and by virtue of an Act passed in the 52nd year of the reign of Her present Majesty, numbered 2, intituled an Act to repeal the Act 38 Victoria, No. 18, and to incorporate a new body of Trustees of the Church of England in Western Australia 6, all the lands or other property then vested in the said Standing Committee (which included the said Perth allotments H 7 and H 1) were vested in the Diocesan Trustees of the Church of England in Western Australia for the time being for the same estate as such lands and property were then held by the said Standing Committee, but upon and subject to all trusts, covenants, contracts, and liabilities affecting the same; and by the said lastmentioned Act it was enacted that the words Standing Committee in the 49th Victoria, No. 19, in part hereinbefore recited 3, should be read and taken to mean the Diocesan Trustees of the Church of England in Western Australia, and that all rights, powers, privileges, and discretions by the said Act conferred, and all duties thereby imposed upon the said Standing Committee should be enjoyed, exercised, and performed by the said Diocesan Trustees.
And whereas the said Standing Committee raised the sum of £1 400, by mortgage of the said Perth allotments H 7 and H 1, and therewith paid the said Right Reverend Henry Hutton Parry all moneys due to him as aforesaid, and have since repaid the said sum of £1 400 to the mortgagee, out of moneys belonging to them on another account, and have obtained a discharge of such mortgage and a reconveyance of the said property.
And whereas the said Right Reverend Henry Hutton Parry expended, over and above the sum of £1 400 hereinbefore mentioned, the further sum of £360 in building upon, repairing, and improving the said lands and hereditaments, which last mentioned sum belonged to and was part of a Fund in the hands of the said Henry Hutton Parry, called The Native and Half-caste Mission Fund, and the said sum of £360 has never been repaid to the said Fund:
And whereas the said Standing Committee and the said Diocesan Trustees have applied the rents, issues, and profits of the said lands and hereditaments towards keeping down the interest on the said sums of £1 400 and £360, and in maintaining and repairing the buildings on the said lands, and all interest on the said sums has been duly paid:
And whereas the said sums of £1 400, and £360, and the interest to accrue due thereon respectively, constitute a charge upon the said lands and hereditaments:
And whereas the said Diocesan Trustees are desirous of obtaining power to sell, and extended powers of mortgaging and leasing the said allotments as to them may seem most expedient for the purpose of raising funds to liquidate the said charge on the same and towards the establishment of a Grammar School for Boys, and it is expedient to confer such powers:
Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows ¾