New South Wales Consolidated Acts

MOSMAN ANZAC MEMORIAL HALL ACT 1938 - NOTES

Preamble

WHEREAS by means of divers public subscriptions and appeals certain sums of money have from time to time been raised for the purpose of erecting and maintaining in the Municipality of Mosman a hall to serve as a memorial to the sailors, soldiers and nurses of Mosman who had fallen in the Great War of 1914-1918 and a club-house for the use of the members of the Mosman Sub-branch of the Returned Sailors and Soldiers’ Imperial League of Australia Incorporated; and whereas at a meeting of Members of the said Sub-branch and of subscribers to the fund raised for the purposes aforesaid held on the Ninth day of August One thousand nine hundred and twenty Leslie Wolf Abel, Sidmont Mandelson, Alan Malcolm Smith and John Hare Phipps were elected Trustees; And whereas certain land being the land comprised in Certificates of Title Registered respectively Volume 3362 Folio 8 and Volume 1494 Folio 157 was acquired for the purpose of erecting the hall and club-house aforesaid out of the moneys so raised as aforesaid by public subscriptions and appeals; And whereas a building comprising a hall and club-room was erected upon the said land and was paid for partly out of the moneys so raised as aforesaid by public subscriptions and appeals and partly out of moneys advanced to the Trustees by the Commonwealth Bank of Australia; And whereas Sidmont Mandelson, John Hare Phipps and Leonard Ingram Mitchell being the then Trustees personally guaranteed the repayment to the said Bank of the moneys so advanced And whereas in pursuance of such guarantee the Trustees personally paid to the said Bank certain sums of money in reduction of the money so advanced And whereas the sums of money so personally paid by the Trustees have not been repaid to them or their executors administrators or assigns And whereas certain sums of money have from time to time been advanced by the Mosman Sub-branch of the Returned Sailors and Soldiers’ Imperial League of Australia (Incorporated) to the Trustees for the time being which said sums have not been repaid to the said Sub-branch And whereas the said building is known as “The Anzac Memorial Hall” And whereas the Trustees before mentioned other than the said Leonard Ingram Mitchell have died or resigned from office and the sole surviving Trustee is Leonard Ingram Mitchell who was elected at a public meeting held on the Ninth day of April One thousand nine hundred and twenty-three And whereas the title to the said lands now stands in the names of John Hare Phipps deceased and Leonard Ingram Mitchell subject to Mortgage Registered No. A995853 to The Commonwealth Bank of Australia and to Lease Registered No. C348464 being the Lease next hereafter referred to And whereas portion of the said building is now leased to a Company known as Rex Theatres Limited and used by it as a picture theatre And whereas the remaining portion of the building is used by the Mosman Sub-branch of the Returned Sailors and Soldiers’ Imperial League of Australia Incorporated as a Soldiers Club And whereas no deed or other instrument of trust has ever been executed defining the trusts upon which the said land and buildings and the income derived and to be derived therefrom shall be held And whereas it is expedient to provide for the appointment of Trustees of the said lands and buildings and of any other property, moneys or securities held or to be held in connection therewith and to vest such lands, building, property, moneys or securities in such Trustees and to declare the trusts upon which the same shall be held by such Trustees and to define the duties and powers of such Trustees:

Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Historical notes

The following abbreviations are used in the Historical notes:

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