Sydney University Settlement Incorporation Act 1959 (NSW)

Sydney University Settlement Incorporation Act 1959 No 16

An Act to incorporate the executive committee of the Sydney University Settlement; to confer and impose on the corporation so created certain powers, authorities, duties and functions; to vest in such corporation the property of the Sydney University Settlement; and for purposes connected therewith.

1 Name of Act This Act may be cited as the Sydney University Settlement Incorporation Act 1959.

2 Definitions (1) In this Act unless the context or subject matter otherwise indicates or requires: Constitution means the constitution for the time being of the Settlement. Corporation means the body incorporated by this Act. Executive committee means the executive committee for the time being appointed under the constitution. Settlement means the association known as the Sydney University Settlement. (2) The constitution (so far as it relates to the constitution of the executive committee of the Settlement as existing immediately before the commencement of this Act) shall, subject to this Act, be the constitution of the corporation at such commencement.

2A, 2B (Repealed)

3 Incorporation The members for the time being of the executive committee shall be a body corporate under the name of "The Sydney University Settlement" and by that name shall have perpetual succession and a common seal and may sue and be sued, and shall be capable of purchasing, holding, granting, demising, disposing of and alienating real and personal property, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.

3A (Repealed)

4 Vesting of property (1) All property in New South Wales: (a) which immediately before the commencement of this Act was vested in or held by any person in trust for or on behalf of or for the benefit of the Settlement shall by virtue of this Act be divested from such person and shall vest in the corporation as from such commencement, and (b) which shall at any time after such commencement be given, devised or bequeathed to any person in trust for or on behalf of or for the benefit of the Settlement shall be deemed to be property given, devised or bequeathed, as the case may be, to the corporation. (2) A certificate under the common seal of the corporation that the land described in the certificate is situated within New South Wales and is property vested in or held by any person in trust for or on behalf of or for the benefit of the Settlement shall: (a) for the purpose of any application by the corporation to be registered as the proprietor, pursuant to a vesting by this Act, of any land under the provisions of the Real Property Act 1900, as amended by subsequent Acts, of which the body corporate is not the registered proprietor, be conclusive evidence, and (b) in any action, suit or other proceeding, whether civil or criminal, be prima facie evidence, of the facts so certified. (3) All property vested in the corporation by the operation of: (a) paragraph (a) of subsection one of this section shall be held by it subject to the conditions or trusts on which it was held immediately before such vesting, and (b) paragraph (b) of subsection one of this section shall be held by it, where the gift, devise or bequest was made subject to any express conditions or trusts, subject to those conditions or trusts, and where the gift, devise or bequest was not so made, subject to a trust for the objects of the Settlement specified in its constitution: Provided that where by or under the constitution power has been conferred on the executive committee to sell, grant, convey, demise or otherwise dispose of, either absolutely or by way of mortgage or otherwise, any of the property of the Settlement that power may be exercised by the corporation notwithstanding any condition or trust affecting the property in the hands of the corporation. (4) All rights accruing or accrued to any person in New South Wales on behalf of the Settlement in respect of any property vested in the corporation by the operation of subsection one of this section are hereby vested in the corporation and may be enforced by the corporation. All liabilities of the Settlement or of any person in New South Wales on behalf of the Settlement in respect of any property vested in the corporation by the operation of subsection one of this section may be enforced against the corporation.