Angas College Trusts Act.-1921. Protestant Evangelical and Undenominational principles, and to permit the Reverend William Lockhart Morton to hold as tenant, at will of the Trustees, the trust property rent free upon the conditions more fully set out in the said Indenture, such conditions, inter alia, being that he should at his own cost and expense use the trust property for the training and preparation on Christian Protestant Evangelical and Undenominational principles of Missionaries for the spread of the Gospel in heathen lands, and such other objects subsidiary or conducive thereto as the Trustees should approve, and generally for the purposes as in the said Indenture is more fully expressed for which the said Institution was founded and vested in the Trustees; and it was by paragraph 9 of the said Indenture further declared that the Trustees might, after the decease of the said John Howard Angas, with the approval of the Supreme Court of the said State, declare trusts and powers additional or substitutional to, or revoke the trusts and powers thereby declared and reserved, or any of them, and might declare other trusts and powers concerning the trust property, with similar or kindred objects to the trusts and powers declared and reserved by such Original Trust Deed, but being for Religious, Philanthropic, and Educational purposes, or any of such purposes, upon Christian Protestant Evangelical and Undenominational principles, and, if in the opinion of the Trustees, the objects for which the said Institution had been instituted were not being carried out according to the true intent and meaning of the said Indenture, and the Trustees for the time being could find no suitable successor to the said William Lockhart Morton, or any successor of his, for the purposes of carrying into effect the objects of the said Institution, and, consequently, that such objects had failed or were likely to fail, then the Trustees, or the majority of them, might in their absolute discretion, after the decease of the said John Howard Angas, stand possessed of the trust premises upon trust to make the same available, and apply the same for the purposes of Protestant Undenominational Evangelical religious education of girls or boys, or both, or of men or women, or both: And whereas by Deed Poll dated the twentyfifth day of March, nineteen hundred and nineteen (hereinafter called "the Supplemental Trust Deed "), the said William Herbert Phillipps and Joseph Robertson, and the Honorable David John Gordon and Quinton Stow Smith, both therein described thereinafter when not specifically named, designated the then Trustees acting under the trusts of the Original Trust Deed, after reciting the Original Trust Deed, and the death of the said John Howard Angas and Samuel James Way and Alexander Thomas Magarey, and the nomination and appointment of the said David John Gordon and Quinton Stow Smith to be new Trustees of the said Institution, and after reciting that, consequent on the state of War then existing between Great Britain and its Allies and Germany and its Allies, the Commonwealth for and on behalf of His Majesty King George the Fifth requiring hospital accommodation for wounded and invalided soldiers, and being entitled to enter and take possession of any premises required for any such purpose, had informally signified Angas College Trusts Act.-1921. signified its intention of entering and taking possession of the said Institution for the purpose amongst other things to use the same for a hospital for infectious and contagious diseases, and that the Trustees had let the said Institution during the said War, and for such period thereafter as might be reasonably necessary, for the proper care and treatment of wounded, invalided, and sick members of the Commonwealth Naval or Military Forces; and reciting that the said William Lockhart Morton had informed the Trustees that, consequent on the said Institution having been so long used for such purpose as aforesaid, his arrangements connected with his Training Home were so disorganised, and his prospects of the future continuance of his operations at the said Institution had been thereby so prejudiced that he was of opinion that he could not successfully again establish his Training Home there; and that the Trustees indorsed the said opinion of the said William Lockhart Morton, and considered that the occasion had arisen when they ought to exercise in manner, as thereinafter set out in the now reciting Indenture, the powers conferred upon them by paragraph 9 of the Original Trust Deed, and to declare trusts and powers additional or substitutional to those declared thereby, as thereinafter set out in the now reciting Deed; and reciting that the said Bayfield Moulden had resigned his office as one of the Trustees, and that it had not been deemed necessary to fill his place, the said William Herbert Phillipps, Joseph Robertson, David John Gordon, and Quinton Stow Smith did thereby declare certain trusts and powers therein set out without prejudice to or limitation of the powers by, and in the Original Trust Deed declared and contained, and such powers included, inter alia, a power to sell the said lands of the said Institution, and it was provided by the Supplemental Trust Deed that the trusts, powers, and provisions therein declared and constituted should be deemed to operate, and be capable of taking effect, when and not until the same, pursuant to the terms of the said Original Trust Deed, should be approved by the said Supreme Court: And whereas, pursuant to such provisions of the Original Trust Deed, the Trustees did, by Originating Summons in the said Supreme Court, numbered 117 of 1919, entitled "In the matter of the Trusts of an Indenture of Settlement, dated twenty-eighth June, eighteen hundred and ninety-nine, declaring Trusts relating to a certain Institution called Angas College, and In the Matter of The Supreme Court Act, 1878, and the Rules of Court made thereunder ", apply to the said Supreme Court for its approval of the additional trusts and powers declared in and by the said Supplemental Trust Deed, and the said Supreme Court dismissed the said application upon the ground, inter alia, that it had not jurisdiction to authorise the alteration by the Trustees of the trusts of the Original Trust Deed purporting to empower the Trustees to sell the lands of the said Institution : And whereas the said William Lockhart Morton requested the Trustees to permit him to transfer his missionary activities to the State of Victoria, and it is desirable for that and other incidental purposes to authorise such additions to and amendments of the trusts of the Original Trust Deed as are hereinafter set out Be Short title. Powers of Trustees. To sell, &c. To purchase land, &c. To invest surplus proceeds and apply income. Angas College Trusts Act.-1921. Be it therefore Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows: 1. This Act may be cited as "Angas College Trusts Act, 1921." 2. It shall be lawful for the Trustees (a) To sell, let, alienate, exchange, or otherwise dispose of the whole, or, from time to time, any part or parts of the said lands comprised in the said Certificate of Title, and any other real estate which from time to time shall be subject to the trusts of the Original Trust Deed or any Deed or Deeds supplemental thereto : (b) To expend any part or parts or the whole of the proceeds to arise from such last-named sale or sales in the purchase from time to time of freehold lands built upon and/or not built upon in the Commonwealth of Australia, and in erecting buildings and/or adding to or repairing and/or improving existing buildings upon such last-named lands, or for any one or more of such purposes, and/or otherwise to expend such moneys in like manner and for the like purposes as are provided in sub-paragraph (e) of paragraph 3 of the said Original Trust Deed regarding moneys and lands which they are entitled to accept by way of endowment: (c) To invest from time to time, and call in and reinvest in any investment from time to time, lawful for the investment of trust funds, the whole or any part or parts of the proceeds of the said sale or sales which shall for the time being be unapplied in such purchase or purchases or otherwise for the purposes aforesaid, and from time to time to pay the income to arise from such investments, and other the rents and income of the Institution which may come to their hands to the Reverend William Lockhart Morton, or his successor or successors in office, to be applied by him and them to the satisfaction of the Trustees for the time being of the said Institution for the purposes of carrying on upon any premises for the time. being held by the Trustees under the trusts of the Original Trust Deed, or any Deed or Deeds supplemental thereto, the training of Missionaries upon the principles and in the manner set out in paragraph 1 of the Original Trust Deed, and generally subject to the provisions of that Deed, and any Deed or Deeds supplemental thereto, and without the Trustees being liable to see to the application of the said moneys or for the non-application thereof, with power also to apply the said rents and income in like manner as they are by sub-paragraph (f) of the said paragraph 3 of the Original Trust Deed authorised to apply the rents and income to accrue or arise from endowments: (d) To Angas College Trusts Act.-1921. (d) To incorporate the said Institution under the provisions To incorporate. of the Associations Incorporations Act, 1891, with the Original Trust Deed, and any Deed or Deeds supplemental thereto executed prior to such incorporation as its Rules and Regulations, and with power to exercise all and every of the powers and purposes declared by the said Act to be the purposes of Institutions incorporated thereunder : (e) To permit the said William Lockhart Morton, or his successor To permit occupancy of trust premises. or successors, to hold any real estate to be purchased pursuant to the powers authorised by this Act rent free, and as tenant or tenants at will as a Training College or Home or Training Colleges or Homes for Missionaries upon the principles and in the manner and upon the conditions set out in paragraph 1 of the Original Trust Deed (and for any purpose or purposes as the trustees for the time being deem incidental or ancillary thereto), and generally upon and subject to the terms and conditions in the Original Trust Deed set out relating to the said Institution: (f) To remit and not enforce the provisions of sub-paragraphs To remit certain (b), (c), and (d) of paragraph 2 of the Original Trust Deed, obligations. as regards the Institution, so long as they, the Trustees, shall have moneys in their hands, either principal or income, which they in their uncontrolled discretion deem proper to apply in payment of the rates, taxes, charges, and assessments as in the said sub-paragraph (b) are referred to, and in the repairing, painting, glazing, cleansing, coloring, washing, upholding, and maintaining and insuring the said Institution as in the said subparagraphs (c) and (d) is more particularly set out. (g) If and when circumstances arise, as set out in clause 10 of Trusts in certain the Original Trust Deed, whereby the Trustees become events. of opinion that the objects for which the said Institution has been instituted are not being carried out according to the true intent and meaning of the Original Trust Deed, and the Trustees for the time being can find no suitable successor to the said William Lockhart Morton, or any successor of his, for the purpose of carrying into effect the objects of the said Institution, then to make the said Institution available, and apply the same for Religious, Philanthropic, and Educational, or any of such purposes, upon Christian Protestant and Evangelical principles, disregarding the fact of whether the same purposes or principles be or be not undenominational: " said Institution" (h) To carry out and administer the trusts of the Original Meaning of "the Trust Deed as if the expression "the said Institution in the Original Trust had the same meaning in the Original Trust Deed as in this Act: Deed. B 3. The Interpretation. Angas College Trusts Act.-1921. 3. The following words and expressions in this Act shall have the several meanings hereinafter assigned to them, unless there be something in the subject-matter or context repugnant to or inconsistent with such meaning, that is to say: The expression "the said Institution" shall include the said lands and building known as Angas College and the lands and buildings from time to time to be acquired in substitution for the lands originally comprised in the Original Trust Deed, or any part or parts thereof; and also all other lands and moneys and real and personal estate and effects from time to time held by the Trustees for the time being of the Original Trust Deed under the Trusts thereof: The expression "the Trustees" shall mean and include the said William Herbert Phillipps, David John Gordon, and Quinton Stow Smith, and other the persons for the time being acting in the trusts of the Original Trust Deed and any Deed or Deeds supplemental thereto. In the name and on behalf of His Majesty, I hereby assent to Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace. |