The Wyatt Benevolent Institution Incorporated Act 1935 (SA)

South Australia The Wyatt Benevolent Institution Incorporated Act 1935 An Act to provide for the more effectual incorporation of The Wyatt Benevolent Institution Incorporated and to facilitate the carrying out of the trusts of the Will of the late William Wyatt and for other purposes.

Contents Preamble 1 Short title 2 Interpretation 3 Objects of Institution 4 Continuation of Institution as body corporate 5 Functions and powers 6 Financial provisions 9 Management 10 Vacancies in Board 11 Meetings of Board 12 Quorum 13 Officers 14 By-laws etc 15 Seal 16 Validity of acts 17 Application of other Acts 18 Interaction with other Acts 19 Regulations Legislative history

Preamble WHEREAS The Wyatt Benevolent Institution Incorporated (hereinafter called "the Institution") was on the twenty-third day of May 1881 incorporated under the provisions of the Associations Incorporation Act 1858 having for its objects the carrying out of the trusts of the intended will of William Wyatt of Burnside in the State of South Australia Gentleman: AND WHEREAS by his will bearing date the twentieth day of December 1883 the said William Wyatt (hereinafter referred to as "the Testator") appointed the Institution to be his Trustee and after making certain specific bequests devised and bequeathed unto the Institution all his real estate and the residue of his personal estate upon trust to realise the same with full power to his said Trustee to postpone for such period as might be deemed expedient the realisation of all or any portion thereof and to invest the proceeds in the investments therein named and out of the rents income interest and yearly produce of his said estate to pay certain legacies and annuities named in his said will: AND WHEREAS by his said will the Testator directed that during the suspense of the sale and conversion of his said real and residuary personal estate or of any estate purchased under the powers therein contained or any part thereof respectively his Trustee should have full power to manage and order all the affairs thereof as regards letting on any terms and for any period whatsoever and whether to commence in the future or not and either on building or improving leases with or without rights of purchase or covenants to purchase or otherwise and on such terms and conditions as regards occupation cultivation repairs insurance against fire receipts for rents indulgences and allowances to tenants and all other matters as his Trustee should think fit: AND WHEREAS by his said will the Testator further directed that subject to the payment of his debts, funeral and testamentary expenses and the annuities and legacies mentioned in his said will his said real and residuary personal estate and the proceeds of the sale conversion and getting in thereof as well capital as income should be held by his Trustee so as to give the fullest possible effect to the several objects thereinafter mentioned but that the mode time and manner of application should except where controlled by the trusts and provisions of his said will be in the absolute discretion of his said Trustee who should from time to time determine when and how the same should be applied: AND WHEREAS the Testator defined the objects of the trusts of his said will as follows: "The objects of the trusts of this my will are to benefit persons above the laboring class who may be in poor or reduced circumstances, by supplying them with dwelling houses at a moderate or at a nominal rental or without payment of any rent or to benefit such persons by any means and in any other way that my Trustee shall deem expedient and the qualifications for participation in the benefits of the said trusts shall be that the recipient of such benefits shall belong to a class above that of a laborer and that he or she shall be in poor or reduced circumstances and of good moral character and conduct and preference shall be given to persons who shall have been resident in the said province for a period of five years and upwards. The religious beliefs or political bias or opinions of any persons shall not affect his or her claim to participate in the said benefits, and it shall rest entirely upon the judgment of my Trustee whether or not any person or persons is or are qualified to be admitted to such benefits. My Trustee may build adapt or otherwise procure and fit up houses and other buildings on any trust lands or premises in Adelaide or within ten miles therefrom for the purposes aforesaid and may dedicate any portion of the said trust lands for the purposes of roads and may layout any of such lands as parks or pleasure grounds to be used in common or otherwise by the recipients of the benefits of the said trusts subject to such regulations as may from time to time be made or prescribed by my Trustee who may in all respects administer the said trust estates moneys and premises in such manner as shall be deemed most advantageous for carrying out the objects of the said trusts." AND WHEREAS the Testator by his said will directed that if at any time his said Trustee should consider it advantageous so to do it should be lawful for such Trustee to apply to the Legislature of the said State for an Act of Parliament to provide for and regulate the administration of the said Institution in accordance with the trusts of his said will or to provide for the more effectual or certain incorporation of the said Institution or in any way to facilitate the carrying out of the trusts of his said will: AND WHEREAS the Testator died on the tenth day of June 1886 and probate of his said will was on the twenty-ninth day of June 1886 granted by the Supreme Court of South Australia to the executors therein named: AND WHEREAS since the death of the Testator his estate has been administered by the Institution in accordance with the trusts of his said will: AND WHEREAS all the legacies and annuities given by the said will have been paid and satisfied with the exception of the following annuities: An annuity of £50 to Constance Strahan Smith of 15 Upper Beulah Hill Norwood S.E.19 England; and An annuity of £50 to Mabel Alger in care of H. Hilbery & Son 4 South Square Gray's Inn London. AND WHEREAS bequests have heretofore been made and may hereafter be made to the Institution and it is desirable that the trusts upon which such bequests are or may be held should be more particularly defined and that the Incorporation of the Institution should be made more certain and effectual and permanent and the administration thereof more particularly defined by an Act of Parliament of the said State.