Lady Kintore Cottages Act 1920 (SA)

South Australia Lady Kintore Cottages Act 1920 An Act to make provision for the transfer of certain real and personal property from the Lady Kintore Cottages, Incorporated, to the Adelaide Benevolent and Strangers' Friend Society, Incorporated, and for other purposes.

Contents Preamble 1 Short title 2 Transfer of trust property 3 Trusts of property 4 Release of present trustees 5 Mode of transferring real property 6 Transfer exempt from stamp duty 7 Change in corporate structure of Society—references The Schedule Legislative history

Preamble Whereas in a certain Declaration of Trust, dated the twentieth day of December, eighteen hundred and ninety-four, and executed by James Marshall, of Rundle Street, Adelaide, in the State of South Australia, draper; David Murray, then of Gawler Place, Adelaide aforesaid, merchant, but since deceased; and Frederick William Bullock, of Adelaide aforesaid, land agent, it was recited (inter alia) that certain hereditaments and premises therein described and the cottages thereon were purchased with funds subscribed by various donors as a means of providing cheap homes for indigent widows and deserted wives and their families: And whereas the said hereditaments and premises were vested in the said James Marshall, David Murray, and Frederick William Bullock in fee simple: And whereas the said James Marshall, David Murray, and Frederick William Bullock did, by the said Declaration of Trust, testify and declare that they held the said hereditaments and premises upon trust for an association (now incorporated under the provisions of the Associations Incorporation Act 1890, under the name of "The Lady Kintore Cottages, Incorporated") comprising the donors of the said funds, formed for the purpose of providing homes for indigent widows and deserted wives and their families in the said State, and for no other purpose or intent whatsoever, but subject, nevertheless, to the rules thereunder written: And whereas the said rules provide that the said cottages and all business connected therewith are to be under the management of a committee constituted in the manner provided by the said rules: And whereas the said rules further provide that the said committee shall be elected annually by the subscribers to the said fund up to the date of the said Declaration of Trust who have subscribed a sum of not less than One Pound and One Shilling, and by all future subscribers who subscribe not less than such sum at the annual general meeting of the association: And whereas the said rules further provide that no person shall be entitled to vote or be present at any meeting of subscribers unless his or her subscription for the current year is paid: And whereas no person has subscribed or donated the sum of One Pound and One Shilling or any larger sum during the period of fifteen years or thereabouts prior to the passing of this Act: And whereas, therefore, there is no person in existence entitled to vote or be present at any meeting of the association, and no committee of the association: And whereas the said Declaration of Trust provides that if the said James Marshall, David Murray and Frederick William Bullock or any of them should happen to die or cease to reside in this State or decline or refuse or become unwilling or incapable to act in the execution of the trusts thereby declared it should be lawful for the committee referred to in the said rules to appoint any other person or persons to be a trustee or trustees under the said Declaration of Trust: And whereas the said James Marshall and Frederick William Bullock, the surviving trustees of the association, are desirous of being discharged of and from the trusts declared by the said Declaration of Trust, but, because there is no committee in existence, there is no means of appointing a new trustee or trustees: And whereas the hereditaments and premises hereinbefore referred to have been sold in exercise of the powers in that behalf contained in the said Declaration of Trust, and the property at present subject to the said trusts consists of the real property and moneys mentioned in the Schedule hereto: And whereas it is desirable that the charitable purpose for which the said trusts were declared should not fail, but should be carried on by an association having objects similar in whole or in part to the objects of the Lady Kintore Cottages, Incorporated: