ANNO VICESIMO GEORGII V REGIS. A.D. 1929. ************************************************************ Private Act. An Act to incorporate the Leigh Trust, and for other purposes. [A sse/lted to, December 4th, I929.] IT HEREAS by a certain Indenture (hereinafter referred to as "the I'leamble. 'l' said Indenture of Conveyance") made the 6th day of April 1840 between William Leigh of Little Aston Hall near Litchfield in' the County of Stafford in England Esquire of the one part and The Society for the Propagation of the Gospel in Foreign Parts incorporated by the Charter of His late Majesty King William the Third of the other part, after reciting that a Committee (hereinafter referred to as " the said Branch Committee") of the said Society had been formed under the name and styIe and for the purposes and consisting of the several persons mentioned in a certain statement or prospectus issued by such Committee and which is set forth in the said Indenture of Conveyance, and also reciting that the said William Leigh was then seized of or entitled for an estate of inheri- tance in fee simple in possession free from incumbrances of or to the lands and hereditaments thereinafter described and thereby released or otherwise assured or intended so to be with the appurtenances, and also reciting that the said William Leigh being minded and desirous to promote the laudable objects of the said Branch Com,. mittee as thereinafter mentioned and declared had with that view determined to make an absolute gift or donation of the said lands and hereditaments thereinafter described with the appurtenances to the said Society and their successors in manner thereinafter mentioned, it was witnessed that in pursuance of such determination and in consideration of the premises and for divers other good causes and considerations him the said William Leigh thereunto moving A 20° GEORGII V (PRIVATE ACT). Leigh Trust Incorporation Act.-1929. moving and also in consideration of Ten Shillings paid by the said Society to the said William Leigh on the execution of the said Indenture of Conveyance he the said William Leigh had granted bargained sold and released and by the said Indenture of Conveyance did grant bargain sell and release unto the said Society their suc­ cessors and assigns All those the two Town Acres in the City of Adelaide in the State (then Province) of South Australia known or distinguished on the map of the said City by the numbers 76 and III together with all and singular the buildings and erections thereon or on any part thereof and all ways waters watercourses paths passages easements trees woods underwoods mounds fences profits privileges advantages rights members and appurtenances to the said lands and premises belonging or in any wise appertaining and the reversion and reversions remainder and remainders yearly and other rents issues and profits of the said lands and premises and every part thereof and all the estate right title interest benefit claim and demand whatsoever both at law and in equity of him the said William Leigh in to out of or upon the said lands and premises (hereinafter called " the said two Town Acres") and also all deeds muniments and evidences of title in his custody or power relating to the said premises, to have and to hold the said lands hereditaments and premises thereby released or otherwise assured or intended so to be with the appurtenances unto the said Society their successors and assigns for ever to the use of the said Society their successors and assigns for ever subject to such lease or leases tenancy or tenancies and such contracts arrangements stipulations and conditions as are in the said IndelltJure of Conveyance referred to, upon trust and to the intent that the said Society their successors and assigns might use appropriate apply and dispose of the said lands hereditaments and premises thereby released or otherwise assured or intended so to be with the appurtenances and the rents issues and profits thereof in the first place in defraying all necessary costs and charges which the said Society their successors and assigns might incur or be put unto in the execution of the trusts thereby in them reposed, and subject thereto for or towards the maintenance support and endowment of any clergyman or clergymen in holy orders of the United Church of England and Ireland duly appointed to officiate and officiating in the said State (then Province) of South Australia, and for or towards the building or repairing of any church or churches in the said State (then Province) wherein the service ritual and ceremonies of the said United Church of England and Ireland might be duly observed and performed, and for or towards the building and endowment of any parochial or district school or schools in connexion with the United Church of England and Ireland, and for or towards the conversion of the aborigines to the Christian faith in accordance with the doctrines of the said Church, in such sum or sums shares and proportions manner and form in all respects as the said Branch Committee for the time being of the said Society should at any time or from time to time order and direct And whereas on the fifteenth day of May One thousand eight hundred and forty-one George Gawler Esquire Commissioner of Public Lands resident in the said State (then Province) of South Australia by :20 6 GEORGi! V (PRIVATE ACT). Leigh Tr'ust I ncorpo,!,ation ,Act.-1929. by Land Grant under his hand and seal for the consideration therein mentioned did grant unto the said Society all that one acre Section of Town Land numbered " 76" in the Provincial Survey marked with the letter A and delineated in the plan in the margin thereof (being the Town Acre number 76 hereinbefore referred to) together with all timber minerals and appurtenances to hold unto the said Society their successors and assigns for ever And whereas the following memorandum is written at the foot of the said Land Grant (that is to say) " This Second Grant is issued in consequence of the original having been destroyed by fire. The money herein mentioned was duly' paid to the Treasurer" and such memorandum is signed by "Chas. Sturt Asst. Commissioner" And whereas the said Land Grant is registered in the said Registry Office No. 239 Book 1 Page 242 And whereas on the fifteenth day of May One thousand eight hundred and forty-one the said George Gawler Esquire Commissioner of Public Lands resident in the said State (then Province) of South Australia by Land Grant under his hand and seal for the consideration therein mentioned did grant unto the said Society all that one acre Section of Town Land numbered " III " in the Provincial Survey marked with the letter A and delineated in the plan in the margin thereof (being the Town Acre number 111 hereinbefore referred to) together with all timber minerals and appurtenances to hold unto the said Society their successors and assi~ns for ever And whereas the following memo­ randum is written at the foot of the lastmentioned Land Grant (that is to say) "This Second Grant was issued in consequence of the original having been destroyed by fire. The money herein mentioned was duly paid to the Treasurer" and such memorandum is signed by " Chas. Sturt Asst. Commissioner" And whereas the lastmentioned J... and Grant is registered in the said Registry Office No. 240 Book I Page 243 And whereas at a meeting of the said Society held on the 21st day of May 1841 a resolution passed by the said Branch Committee proposing to transfer their business engagements and funds to the said Society was read and it 'was resolved that such proposal be accepted And whereas the said Society has since the year 1840 been and still is in possession of the said two Town Acres as the sole owner thereof And whereas the said Society is also the sole owner of the other lands particulars whereof are set forth in the First Part of the Schedule hereto all of which lastmentioned other lands are situate in the State of South Australia and are hereinafter together referred to as "the said scheduled lands" And whereas none of the said scheduled lands are subject to any trust And whereas the said Society is also the registered proprietor of estates as Mortgagee under and by virtue of the respective Memoranda of Mortgage particulars whereof are set forth in the Second Part of the said Schedule hereto all of which lastmentioned estates as mortgagee are hereinafter together referred to as " the said scheduled mortgages" And whereas the manage­ ment and control of the said two Town Acres and of all other the estate and property whatsoever both real and personal of the said Society in the State (formerly the Province) of South Australia and of the rents and income thereof respectively has from time to time 4 20° GEORGII V (PRIVATE ACT). ------ Leigh Trust Incorporation Act.-1929. time by power of attorney been delegated by the said Society to certain persons in the said State And whereas the present attorneys of the said Society in the State of South Australia are The Right Reverend Arthur Nutter Thomas M.A., D.D. of Bishops Court North Adelaide in the said State Bishop of the Diocese of Adelaide The Very Reverend George Edward Young of Buxton Street North Adelaide aforesaid Dean of Adelaide Whitmore Blake Carr of Part­ ridge Street Glenelg in the said State Sharebroker and Percy Emerson Johnstone B.A., LL.B. of Hewitt Avenue Rose Park in the said State Solicitor who are acting as such Attorneys as last aforesaid under or by virtue of the provisions of a certain power of attorney executed by the sai.d Society under its common seal on the thirteenth day of April One thousand eight hundred and eighty-seven and which is re~istered in the said Registry Office No.