Albany Mechanics' Institute Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: Albany 1. The said land, hereditaments, and premises known as Albany Land to vest in Town Lot No. 187 shall, by virtue of this Act and from and after the Trustees of passing thereof, vest in the said Cecil Rogers, George Hopkins Broom- Mechanics' hall, and Frank Rawlings Dymes, their heirs and assigns for ever, in trust for the sole purposes of the said institute. Institute to raise money on lands 2. It shall be lawful for the said Cecil Rogers, George Hopkins Trustees enabled Broomhall, and Frank Rawlings Dymes, the trustees aforesaid, and the survivors and survivor of them and the heirs and assigns of such survivor or the person or persons for the time being in whom the said land may be vested, with the concurrence of three-fourths of the members of the said institute present and voting at a properly constituted meeting of the members of the said institute, and with the consent in writing of the Governor for the time being of the said Colony, acting with the advice of the Executive Council, to borrow and take up at interest any sum or sums of money on security of the whole or any portion of the said land, hereditaments, and premises, for the purpose of additions or alterations to the said building or buildings for the time being thereon or for the erection of any new building or buildings, and, with the consent and concurrence aforesaid, by a deed or deeds from time to time, for the purposes aforesaid or any of them, to mortgage the said land, hereditaments, and premises, or any portion thereof, in fee simple or for any term or terms of years as security to the person or persons advancing the amount of such loan and either with or without a power of sale and leasing respectively in case of default being made in the payment of the principal and interest moneys, at the time or times therein to be appointed for the payment thereof respectively, and with or without a power of distress and such other and accompanying powers, clauses, and provisions as shall be deemed expedient, and to give receipts for the money so to be advanced; and the said land, hereditaments, and premises so to be mortgaged shall thenceforth be held and enjoyed by the mortgagee or mortgagees thereof, his, her, or their heirs, executors, administrators, and assigns, freed and absolutely discharged from the trusts to which the same may for the time being be subject. Mortgagors 3. No covenant, proviso, or other matter or thing contained in any Liability of such mortgage deed or deeds or in this Act shall be deemed or construed to impose on the mortgagor or mortgagors, his, her, or their heirs, executors, administrators, or assigns, any personal responsibility for the repayment of the moneys advanced or of any interest to accrue due thereon. 4. Nothing herein before contained shall be deemed or construed to make it necessary for any purchaser or mortgagee to inquire whether the concurrence of the members of the said institute as aforesaid in any such loan has been duly and regularly obtained, or whether the said power of sale and mortgage were duly and regularly exercised, or in anywise to see to the application of any moneys raised under the authority of this Act, or to inquire into the necessity, regularity, or propriety of any such mortgage or mortgages, or be affected by notice Purchaser or Mortgagee not the application bound to see to of money Mortgage to be Albany Mechanics' Institute that the same is or are irregular, unnecessary, or improper; subject always to the provisions of the next following section. 5. That no such mortgage shall be valid unless countersigned as countersigned by approved by the Governor for the time being of the said Colony, with the advice of the Executive Council. the Governor WESTERN F. NAPIER BROOME, GOVERNOR. AUSTRALIA All portions of penalties payable to an informer being a police oficer to be paid to the Treasury ANNO QUADRAGESIMO OCTAVO VICTORIE REGINE No. 18 An Act to amend an Ordinance to regulate the Police WHER HEREAS by an Ordinance passed in the 30th year of the reign of Her present Majesty, No. 10, provision is made for the establishment and management of a Police Benefit Fund, and it is enacted that such Fund shall be in part formed out of the moiety or portion (if any) of the fines, penalties, and forfeitures imposed on offenders by any Magistrate or Justice or Justices of the Peace and payable upon the information of any police constable or the Superintendent of Police to the informer: And whereas it is desirable that no portion of any fine, penalty, or forfeiture hereafter to be imposed upon any offender as aforesaid, upon the information of any member of the Police Force, shall be paid to the informer, but that such portion shall be paid to the Colonial Treasurer for the use of Her Majesty's Government in the Colony: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: 1. Whenever any fine, penalty, or forfeiture shall after the passing of this Act be imposed upon any offender by any Magistrate, Justice or Justices of the Peace, upon the information of any member of the Police Force, no portion of the said fine, penalty, or forfeiture shall be paid to such informer, or to the Superintendent of Police, on account of the said Police Benefit Fund, but the amount of such portion of the said fine, penalty, or forfeiture payable by law to such informer, being a member of the Police Force as aforesaid, shall be paid to the Colonial Treasurer to the use of Her Majesty, her heirs and successors, for the public use of the said Colony and in support of the Government thereof. F. NAPIER BROOME, GOVERNOR. An Act for the Incorporation of certain Office Bearers of WE HEREAS a Presbyterian Church has been established in the Preamble Colony of Western Australia; and whereas at a special meeting of the congregation of the said Church the present Minister and Elders, and their successors in office, were appointed Trustees for the purpose of conducting and managing the financial and other affairs of the said Church, and for holding property for the use thereof; and whereas it is expedient that provisions such as are in this Act contained should be made in relation to the said Church, and to such real and personal estate, trust-funds, moneys, and securities as are now belonging to, or may hereafter be devised, or bequeathed, or given, or in any way belong to, or be held for the use of the said Church or of any congregation connected therewith; and whereas, with the view effectually to hold and perpetuate the succession of, and the better to manage all property, real and personal, held, or to be held in trust for, or for the use of, or in connection with the said Church, and in order to regulate and manage the affairs thereof, it is sought to obtain an Act of the Legislative Council of this Colony: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:— as Commissioners 1. The present Minister and Elders of the Presbyterian Church Incorporates in the city of Perth, to wit, the Reverend David Shearer, Master of certain persons Arts, Minister, and Edward Fox Angelo and Francis Arnold Moseley, Esquires, Elders, and the successor in office of the said Reverend David Shearer as such Minister, and such other person or persons as shall from time to time be hereafter duly ordained or inducted as an Elder or Elders of the said Church in Perth while in office shall be and are hereby constituted a body corporate for the better holding and management of the property of the said Church or connected therewith; and for the better regulation and management of the affairs thereof, and under and by the name, style, and title of The Commissioners of the Presbyterian Church' (hereinafter called the Commissioners') shall have continuance and succession for ever, and may have and use a common seal for the business of the said corporation, and change and alter the same at their will and pleasure, and shall and may be capable in law to have, hold, purchase, receive, take, enjoy, and in the proper execution, and for the better fulfilment of the trusts of Provides for additional Commissioners on Congregations The Presbyterian Church Act, 1884 the said corporation, and for the benefit and advantage thereof, sell, grant, transfer, and otherwise dispose of all manner of real and personal property whatsoever, and every part and parcel thereof, and shall also have power to borrow and take up at interest any sum or sums of money for the purpose of erecting or improving or aiding in erecting or improving churches, manses, or other buildings, and for that purpose to mortgage by deed or other instrument, under the said corporate seal, such portions of the said lands, tenements, and hereditaments as may be necessary for securing the repayment of such moneys with interest thereon; and the lands, tenements, and hereditaments so to be sold or mortgaged shall thenceforth be held and enjoyed by the purchaser or purchasers, or by the mortgagee or mortgagees thereof, his, her, or their heirs, executors, administrators and assigns, freed and absolutely discharged from the trusts upon which the Commissioners may theretofore have held the same, and shall and may be able and capable in law, by the name, style, and title of 'The Commissioners of the Presbyterian Church in Western Australia,' to sue and implead, be sued and impleaded, answer and be answered unto, in any Court of Record, or elsewhere, in law or equity, in all actions and causes whatsoever for, touching, or concerning any matter or thing appertaining to the said corporation: Provided always, that the Commissioners shall not have power to sell, grant, transfer, mortgage, or otherwise dispose of any of the said lands, tenements, and hereditaments, howsoever the same shall or may have been acquired, or may hereafter be acquired, without first obtaining the approval of a majority of the members of the congregation for the time being in the use, occupation, and enjoyment thereof, or within whose district the same may be situate, present at a meeting of such congregation to be specially called for the purpose by a notice to be made to the congregation by intimation from the pulpit during Divine service on two successive Sabbaths immediately preceding the day of the meeting; and provided also that no lands which shall or may have been acquired, or may hereafter be acquired, from the Crown shall be sold, mortgaged, or otherwise disposed of, except with the consent, in writing, of the Governor for the time being. 2. In addition to the Minister and Elders for the time being officiating as Commissioners as aforesaid, the Minister for the time formation of new being of each and every congregation which shall be formed in connection with the said Church in any place within the said Colony of Western Australia, and one Elder to be from time to time selected as occasion may require by the session of such congregation, shall be deemed Commissioners for the purposes aforesaid, and each and every additional Commissioner shall be invested with the same right of property and with all and every the same rights, powers, and privileges as any Commissioner actually named herein. Application of funds 3. The Commissioners shall receive all moneys raised for or in any way contributed towards a Sustentation Fund for the maintenance of such Church or any other in connection therewith, and also all sums given, subscribed, or bequeathed thereto or in support thereof, or which shall be payable to them in their capacity as trustees, or be liable to their control; and shall pay and apply such moneys and sums as they shall from time to time think fit and determine, with and The Presbyterian Church Act, 1884 subject, however, to the approval of a majority of the congregation present at a special meeting as aforesaid, from whom or on whose behalf such moneys or sums shall have been received. funds 4. The Commissioners may, from time to time, invest the Sus- Investment of tentation Fund, and all other moneys that shall come to their hands for the purposes of, or in connection with, the trusts vested in them, in any of the Public Stocks or Government Securities of the United Kingdom, or of this Colony, or of any other colony or dependency of the United Kingdom, or upon mortgage of real securities; and no Commissioner shall be liable for any loss occasioned by the depreciation or failure of any such investment or otherwise, save by his own wilful default; and the Commissioners from time to time, at their discretion, may vary or transfer such stocks, funds, and securities into or for others of the same or a like nature. Treasurer 5. It shall be lawful for the Commissioners from time to time Appointment of to appoint a Treasurer, who shall hold his office on such terms as they may determine; and the receipt in writing of the Treasurer, or any of the Commissioners authorised in that behalf by by-law, for any moneys paid, and for any stocks, funds, shares, or securities transferred, shall effectually discharge the person or persons paying or transferring the same therefrom, and from being bound to see to the application, or being answerable for the loss or misapplication thereof. invalidate gifts, 6. Any order, resolution, or proceeding of the Commissioners, or Vacancies not to any power by this Act conferred, or any gift, devise, or bequest to them, or otherwise, for the benefit of the said Church, or any congregation, mission, or charity connected therewith, shall not be invalidated by reason only of there being a vacancy in the office of Minister, or in that of Elder, of the said Church, or of any congregation connected therewith. be affixed to deeds 7. The corporate seal of the Commissioners shall be affixed to Corporate Seal to every deed or instrument executed in exercise of the powers conferred by this Act, at a general meeting of the Commissioners, by the chairman of such meeting, and every such deed or instrument shall also be signed by two of the Commissioners. 8. It shall not be necessary for any purchaser or mortgagee to inquire whether the Commissioners, or any, or either of them signing any deed or instrument, or affixing the said seal as aforesaid, were or was duly or regularly appointed, or whether the approval of the majority of the congregation present at a special meeting as aforesaid has been duly or properly obtained to the sale, transfer, conveyance, or mortgage of the lands, tenements, or hereditaments purporting to be sold, transferred, conveyed, or mortgaged by such deed or instrument, or whether the said power of sale or mortgage was duly or regularly exercised, or in anywise to see to the application of any moneys raised under authority of this Act, or to inquire into the necessity, regularity, or propriety of any such conveyance or conveyances, transfer or transfers, mortgage or mortgages; nor shall any purchaser or mortgagee be affected by notice that the Commissioners, or any of them, have not been regularly appointed, or that such approval as aforesaid has not been obtained, or that any such conveyance, transfer, or mortgage Purchasers and protected mortgagees |