Ballaarat Free Library (Borrowing) Act 1938
Version No. 001
Ballaarat Free Library (Borrowing) Act 1938
Act No. 4600/1938
Version as at 8 October 1999
table of provisions
SectionPage
1
SectionPage
1.Short title
2.Definition
3.Power to trustees to borrow
4.Mortgage to be approved by Governor in Council
5.Provisions in mortgage
6.Crown Solicitor to have notice of intention to foreclose
7.Powers of Governor in Council
8.Provision as to repayment of amount borrowed
9.Provision as to misappropriation of funds
10.Repeal of No. 2395
11.No liability to attach to the Crown
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SCHEDULE
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
Ballaarat Free Library (Borrowing) Act 1938
Act No. 4600/1938
Version as at 8 October 1999
1
Act No. 4600/1938
Ballaarat Free Library (Borrowing) Act 1938
An Act to enable the Trustees of the Ballaarat Free Library and Reading Rooms to raise Money by way of Mortgage to pay off existing Liabilities and to effect certain Improvements to the said Library and Reading Rooms, and for other purposes.
Preamble
WHEREAS by Order in Council of the fifth day of December One thousand eight hundred and eighty-one[1] the land described in the Schedule to this Act was permanently reserved as a site for a free library and reading rooms:
AND WHEREAS by Crown grant bearing date the eighteenth day of September One thousand eight hundred and eighty-two and entered in the Register Book of the Office of Titles Volume 1419 Folium 283699 the said land was granted unto certain persons named therein and their heirs subject to certain reservations and exceptions and to the conditions provisions and declarations mentioned therein and in particular to the condition that the said land and the buildings for the time being thereon should be at all times thereafter maintained and used as and for a site for a free library and reading rooms and offices and conveniences in connexion therewith:
AND WHEREAS by the said Crown grant provision was made for the appointment of new trustees upon the happening of certain events mentioned therein:
AND WHEREAS in accordance with such provisions new trustees have from time to time been appointed:
AND WHEREAS by section two of the City of Ballaarat Free Library and Reading Rooms Act 1912 the trustees for the time being of the said land were empowered to borrow with the previous approval of the Governor in Council a sum not exceeding Five thousand pounds by way of mortgage on such land and the rents of the buildings thereon for the purpose of paying off any loan obtained before the commencement of the said Act:
AND WHEREAS pursuant to such power a sum of Five thousand pounds was borrowed from The Commissioners of the State Savings Bank of Victoria (hereinafter referred to as "the Commissioners") by the said trustees by way of mortgage of the said land under an instrument of mortgage dated the twenty-third day of August One thousand nine hundred and thirteen:
Preamble
AND WHEREAS by section three of the said Act it was provided that out of the moneys received by the said trustees as rent for any building or premises constructed on land vested in such body there should each and every year be placed to the credit of a sinking fund at least One pound ten shillings per centum of the whole amount so borrowed by the said trustees pursuant to the said Act until the complete liquidation of the loan and that no payments should be made out of such fund except for the reduction of the amount of the outstanding loan:
AND WHEREAS it appears that no sinking fund was ever created but that the said trustees have from time to time repaid to the Commissioners in addition to the interest secured by such mortgage certain sums in reduction of the principal sum secured thereby so that the amount of the principal sum still owing has been reduced to Three thousand pounds:
AND WHEREAS the trustees in carrying out the purposes for which the said land was reserved and granted have incurred certain other liabilities:
AND WHEREAS certain improvements of the existing free library and reading rooms are required:
AND WHEREAS it is expedient to authorize the said trustees to borrow a sum not exceeding Four thousand pounds by way of mortgage of the said land for the purposes of discharging the hereinbefore recited mortgage dated the twenty-third day of August One thousand nine hundred and thirteen and of paying off any other liabilities incurred before the commencement of this Act and of promoting the objects for which such land was reserved and granted as hereinbefore recited:
BE IT THEREFORE ENACTED by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1.Short title
s. 1
This Act may be cited as the Ballaarat Free Library (Borrowing) Act 1938.
2.Definition
In this Act unless inconsistent with the context or subject matter, "trustees" means the trustees for the time being of the land described in the Schedule to this Act.
3.Power to trustees to borrow
(1)Notwithstanding anything in the hereinbefore recited Crown grant bearing date the eighteenth day of September One thousand eight hundred and eighty-two or the City of Ballaarat Free Library and Reading Rooms Act 1912 or the Libraries Act 1928 or any other Act or enactment, the trustees may borrow by way of a mortgage of the land described in the Schedule to this Act a sum not exceeding Four thousand pounds.
(2)Any sum so borrowed shall be applied by the trustees towards—
(a)firstly, discharging the hereinbefore recited mortgage dated the twenty-third day of August One thousand nine hundred and thirteen;
(b)secondly, paying off any other liabilities incurred by or on behalf of the trustees before the commencement of this Act; and
(c)thirdly, promoting the objects for which the said land was reserved and granted.
(3)The trustees may at any time, for the purpose only of discharging any earlier mortgage made pursuant to this Act, borrow by way of a mortgage of the said land a sum not exceeding the principal amount then owing under such first mentioned mortgage.
4.Mortgage to be approved by Governor in Council
s. 4
No mortgage made pursuant to this Act shall be registered under the Transfer of Land Act 1928 until approved by the Governor in Council, and such approval shall be evidenced by an indorsement signed by the Crown Solicitor to that effect on the mortgage.
5.Provisions in mortgage
Any mortgage made pursuant to this Act shall provide as follows, namely—
(a)that any notice of default to be given under section one hundred and forty-six of the Transfer of Land Act 1928 shall not be served until such default has continued for one month, and that a copy of the notice of default served under the said section on the mortgagors or their transferees shall at the same time be served by the mortgagee or his transferee on the Crown Solicitor; and
(b)that until such default has continued for at least three months after the service of such notice the power to sell conferred by section one hundred and forty-eight of the said Act shall not be exercised by the mortgagee or his transferee.
6.Crown Solicitor to have notice of intention to foreclose
s. 6
(1)A copy of any notice of intention to make an application to the Commissioner of Titles for an order for foreclosure served by the mortgagee or his transferee under section one hundred and sixty-one of the Transfer of Land Act 1928 on the mortgagors or their transferees shall at the same time be served by the mortgagee or his transferee on the Crown Solicitor.
(2)The fact of such service shall be stated in such application and verified by statutory declaration.
(3)No foreclosure order shall be made unless such copy has been so served.
7.Powers of Governor in Council
(1)At any time within one month after a copy of a notice of default or within three months after a copy of notice of intention to make application for a foreclosure order has been served on the Crown Solicitor as provided in this Act the Governor in Council may direct payment by the Treasurer out of the consolidated revenue (which is hereby to the necessary extent appropriated accordingly) to the mortgagee or his transferee of the whole of the principal and interest secured upon the mortgage and upon such payment the mortgagee or his transferee shall discharge transfer or otherwise deal with such mortgage as the Governor in Council directs.
(2)When such payment is made by direction of the Governor in Council and such mortgage is discharged, then the Governor in Council may by Order in Council without any further or other authority than this Act—
(a)revoke the hereinbefore recited Order in Council of the fifth day of December One thousand eight hundred and eighty-one; and
(b)revoke annul and make void the hereinbefore recited Crown grant bearing date the eighteenth day of September One thousand eight hundred and eighty-two.
s. 7
(3)Upon the making of such Order in Council the land described in the said Schedule shall be and be deemed to be and may be dealt with as unalienated land of the Crown freed and discharged from all trusts encumbrances reservations limitations and restrictions whatsoever and from every estate or interest therein.
(4)The Registrar of Titles is hereby authorized and directed to make all such cancellations of or entries upon any Crown grant or duplicate Crown grant or other document as may be necessary or expedient in consequence of an Order in Council made under the provisions of sub-section (2) of this section, and the holder of any such duplicate Crown grant or other document shall produce the same to the Registrar of Titles for such purpose.
8.Provision as to repayment of amount borrowed
s. 8
Out of the moneys received by the said trustees as rents for the buildings constructed on the land described in the said Schedule the trustees shall, until the whole amount borrowed pursuant to this Act has been repaid, in every year repay at least One pound per centum of such amount in addition to the interest payable thereon.
9.Provision as to misappropriation of funds
If any appropriation not authorized by this Act is made of any moneys paid to or held in trust by the said trustees or any other persons pursuant to the provisions of this Act, then any such trustees or any such persons who knowingly misappropriate or consent to the misappropriation of such moneys, in addition to any criminal proceedings to which they may be liable in respect thereof, shall be jointly and severally liable to refund the amount of such appropriation together with interest thereon; and the same may in any court of competent jurisdiction be recovered by a law officer from such trustees or persons or any of them as moneys lent to such trustees or persons and may be sued for by any person appointed in that behalf by a law officer.
10.Repeal of No. 2395
On a day to be fixed by proclamation of the Governor in Council published in the Government Gazette (which day shall not be earlier than the day upon which the hereinbefore recited mortgage of the twenty-third day of August One thousand nine hundred and thirteen is discharged pursuant to this Act) the City of Ballaarat Free Library and Reading Rooms Act 1912 shall be hereby repealed.
11.No liability to attach to the Crown
s. 11
Save as otherwise expressly provided in this Act no person or body of persons (whether incorporated or not) shall be entitled to receive or shall receive from His Majesty any money or consideration or compensation in respect of or in any manner whatsoever arising out of any act matter or thing under this Act.
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Preamble, sections 2, 3, 7, 8.
SCHEDULE
Sch.
Land, being the land permanently reserved as a site for a free library and reading rooms by Order in Council of 5th December, 1881 (see "Government Gazette" 11th November, 1881, page 3085, and 9th December, 1881, page 3493) and granted to trustees by Crown grant Volume 1419 Folium 283699, which may pursuant to this Act be mortgaged.
All that piece of land containing by admeasurement one rood seven perches and four-tenths of a perch more or less situate in the city of Ballaarat, parish of Ballaarat, county of Grenville:
Commencing at the south-west angle of the site being a point bearing east one chain fifty-seven links from the intersection of the north side of Sturt-street and the east side of Lydiard-street; bounded thence by lines bearing respectively north one chain forty links and one-half of a link, east eighty-one links and one-half of a link, and north eight degrees seventeen minutes east one chain five links; thence by allotment sixty-four bearing south fifty-three degrees thirteen minutes east one chain fifty-one links and one-half of a link; thence by Camp-street bearing south thirty-six degrees forty-seven minutes west one chain ninety-two links; and thence by Sturt-street aforesaid bearing west one chain three links to the commencing point.
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ENDNOTES
Endnotes
1. General Information
The Ballaarat Free Library (Borrowing) Act 1938 was assented to on 5 December 1938 and came into operation on 5 December 1938.
2. Table of Amendments
Endnotes
There are no amendments made to the Ballaarat Free Library (Borrowing) Act 1938 by Acts and subordinate instruments.
3. Explanatory Details
Endnotes
1
[1] Preamble: Government Gazettes 11 November 1881 page 3085, 9 December 1881 page 3493.