PERTH DIOCESAN TRUSTEES (SPECIAL FUND) ACT 1944 - PREAMBLE
PERTH DIOCESAN TRUSTEES (SPECIAL FUND) ACT 1944 - PREAMBLE
Preamble 2, 3
Whereas Samuel Evans Burges of Perth in the State of Western Australia,
Esquire, died on 25 May 1885, having made and duly executed his last will and
testament and a codicil thereto dated respectively 3 October 1883, and 14 July
1884; and probate of the said will and the said codicil was duly granted by
the Supreme Court of Western Australia to the executors therein named; and
whereas by his said will the said Samuel Evans Burges charged all his real
property at York devised to his son Richard Goldsmith Burges with the payment
by the said Richard Goldsmith Burges, his heirs and assigns, to the Standing
Committee of the Synod of the West Australian Branch of the Church of England
for or towards the support of the Church of England clergyman from time to
time stationed at York in the said State, of an annual sum of £10 during
the life of the said Richard Goldsmith Burges and after the decease of the
said Richard Goldsmith Burges with the payment to such Committee for the like
purpose, of an annual sum of £20 for ever; and whereas the said Richard
Goldsmith Burges died on 25 September 1905 and by an Order of His Honour, Mr.
Justice McMillan, made 19 April 1910, pursuant to the provisions of the
Redemption of Annuities Act 1909 , it was ordered ( inter alia ) that the cash
surrender value of the perpetual charge of the annual sum of £20
aforesaid as created by the abovementioned will of the late Samuel Evans
Burges, deceased, over the lands therein charged be fixed at £500 and
that on payment of such sum to the Diocesan Trustees of the Church of England
in Western Australia within the time fixed in the said Order the said
perpetual charge should be discharged and the said lands should thereupon be
freed and discharged from the said perpetual charge; and whereas by the said
Order it was further ordered that the said Diocesan Trustees should invest the
said sum of £500 in the securities mentioned in the said Order and that
the income accruing therefrom to the extent of £20 per annum should be
applied for the benefit of the Church of England clergyman for the time being
stationed at York and that any surplus income over £20 per annum be
capitalised with power for the Trustees from time to time to draw thereon to
make good any deficiency; and whereas the said sum of £500 was duly paid
as directed by the said Order and the said sum of £20 per annum has been
regularly paid and the surplus income capitalised, with the result that the
annual income from the capital sum is in excess of the amount required to pay
the said sum of £20 per annum; and whereas by Act 52 Victoria No. 2 4 it
was enacted that all land and other property vested in the Standing Committee
of the Synod of the Western Australian Branch of the Church of England should
be vested in the corporation to be known as “The Diocesan Trustees of
the Church of England in Western Australia for the time being” and by
the Church of England Diocesan Trustees and Lands Act 1918 5 , it was enacted
that the name and style of the corporation constituted by the said Act, 52
Victoria No. 2 4 , should thenceforth be “The Perth Diocesan
Trustees” and whereas the said The Perth Diocesan Trustees is desirous
that it be empowered at its discretion to capitalise the surplus income
arising from the said capital sum or to pay such surplus income to the Church
of England clergyman for the time being stationed at York:
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 Western Australia, in this present Parliament assembled, and by
the authority of the same, as follows: —