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WAR VETERANS' HOMES TRUST ACT 1959 - FIRST SCHEDULE

FIRST SCHEDULE

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TO ALL TO WHOM THESE PRESENTS SHALL COME we GEORGE WILLIAM FREDERICK HOLLAND of 387 Upper Heidelberg-road Ivanhoe Public Servant CLAUDIUS SANDERSON of 20 Queen's-road Oakleigh Public Servant NORMAN STANLEY OSBORNE of 201 Gower-street Preston Clerk MAJOR-GENERAL SIR CYRIL BRUDENELL BINGHAM WHITE, K.C.B., K.C.M.G., K.C.V.O., D.S.O., of 538 Collins-street Melbourne Pastoralist GEORGE BURRIDGE LEITH of the State Savings Bank 139 Elizabeth-street Melbourne Chief Architect FRANCIS PLUMLEY DERHAM of 394 Collins-street Melbourne Solicitor GODFREY CAREW HAWKER of 209 William-street Melbourne Merchant DOUGLAS OSWALD LUKE KITTO of 360 Collins-street Melbourne Company Director and BRIGADIER-GENERAL JOHN PATRICK McGLINN, C.M.G., C.B.E., V.D., of 26 Studley-avenue Kew Chairman of the Sir Samuel McCaughey A.I.F. Trust (hereinafter termed "the Trustees" which expressions shall include the said Trustees and the survivors or survivor of them and the heirs executors and administrators of such survivor or other the Trustees or Trustee for the time being of these presents) SEND GREETING:

WHEREAS certain money amounting to the sun of One thousand five hundred and fifty pounds has been raised by members of the Victorian Branch of The Returned Sailors' and Soldiers' Imperial League of Australia an unincorporated body the office of which is situate at Anzac House Collins-street Melbourne:

AND WHEREAS the said sum has been paid to the Trustees immediately prior to the execution hereof upon condition that the same shall be held by the Trustees upon the trusts and subject to the powers hereinafter contained:

NOW KNOW YE that the Trustees DO HEREBY DECLARE as follows:

        1.     Name

The name of the Trust shall be "THE WAR VETERANS' HOMES TRUST OF VICTORIA."

        2.     Definitions

"the Trust Fund" shall be the said sum of One thousand five hundred and fifty pounds or any other money lands property or assets that may hereafter come into the hands possession or control of the Trustees for the purposes of the Trusts hereof together with all resulting interest or income therefrom;

"a Veteran" shall be a person who during the Great War of 1914–18 was—

        (a)         a member of the Commonwealth Naval or Military Forces enlisted or appointed for active service outside Australia who actually left the Commonwealth of Australia whilst so enlisted or appointed;

        (b)         employed on a ship of war;

        (c)         a member of the Army Medical Corps Nursing Service who was accepted or appointed by the Director-General of Medical Services for service outside Australia and who so served;

        (d)         a returned sailor or soldier of His Majesty's Forces other than the Australian Imperial Force who was on active service during the Great War 1914–18 in a theatre of war;
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        (e)         where the context so admits a returned soldier or sailor of other wars than the Great War similarly defined to those referred to in (a) (b) (c) and (d) of definition

and who in all cases by reason of incapacity from age wounds illness or other causes is in the opinion of the Trustees in necessitous circumstances notwithstanding such person shall be in receipt of a War Pension, Service Pension, Old Age Pension, Invalid Pension or any other pension.

"Theatre of War" shall be as defined in the Australian Soldiers' Repatriation Act of the Commonwealth of Australia;

"a service pension" shall be a service pension as defined in Division 5 of the Australian Soldiers' Repatriation Act aforesaid;

"League" means the Victorian Branch of the Returned Sailors' and Soldiers' Imperial League of Australia;

"Council" means the Council or other the general committee from time to time of the League.

        3.     Power to acquire land and build homes

The Trustees shall hold the Trust Fund—

        (a)     UPON TRUST therewith to purchase or otherwise acquire vacant land (so far as the Trust Fund shall not consist of land or building materials) and erect houses or groups of houses thereon and on any vacant land forming part of the Trust Fund from time to time and to purchase or otherwise acquire land upon which houses shall be already erected as homes, firstly, for veterans of the Great War 1914–18, secondly, for veterans of prior wars, and thirdly, for veterans of subsequent wars, and in so doing the Trustees shall give preference to veterans with wives or other elderly dependents, but, nevertheless, may erect or purchase one or more homes for use primarily for veterans without dependents;

        (b)     should the Trustees deem the same desirable in any particular case UPON TRUST therewith to purchase or otherwise acquire furniture and other articles of household use and to equip any such home or homes with the same.
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        4.     Failure of original beneficiaries

Should the number of veterans seeking or offering themselves as candidates for the homes be insufficient in the opinion of the Trustees to enable vacancies in the homes from time to time to be filled the Trustees may in their absolute discretion permit all or such of the homes as they may think fit to be used by such necessitous persons as shall as nearly as possible coincide with veterans until such time as veterans shall seek or offer themselves as applicants for the homes so occupied, and the Trustees' decision as to who shall so occupy the homes in such case shall be final.

        5.     Occupancy of homes

The Trustees may let such homes so erected or lease the same or allow the same to be permissively occupied with or without rent or other payment or otherwise for such period or periods on such terms and conditions in each case as the Trustees may decide having regard to the circumstances in life of each applicant and the Trustees may re-enter or resume possession of any home or homes so let leased or occupied when and as they may think fit in their absolute discretion.

PROVIDED that the Trustees may postpone for such period whether of years or otherwise as they may deem fit the resumption of possession of a home which is occupied by the widow or other dependent of a veteran who died while in occupancy.

        6.     Power to sell

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The Trustees shall have power when and as they may think fit to sell all or any part of the Trust Fund by public auction or private contract or by tender and either together or in lots for cash or upon terms at such prices or price and subject to such conditions as they may think fit with power to vary the terms of any contract of sale or rescind the same and to re-sell without being responsible for any loss thereby occasioned.

        7.     Banking and investment of idle moneys

All moneys forming part of the Trust Fund and any further moneys received either by the Trustees or any of them or the Secretary to the Trust on behalf of the Trust shall forthwith be paid to the credit of the Trustees at the Bank of the Trust and such moneys forming part of the Trust Fund as shall not be immediately required for the purchase of land or erection of houses or otherwise for the administration of the Trust may be invested by the Trustees in such investments as the Trustees are allowed by Law from time to time to make.

        8.     Powers re the homes

The Trustees shall have the following powers in reference to the erection and maintenance of homes and the land upon which they are erected—

        (a)     to enter into building contracts;

        (b)     to buy and acquire all building material and other goods required for the erection maintenance and upkeep of the homes;

        (c)     to employ and remunerate architects surveyors engineers builders and all officers servants and workmen deemed necessary in connexion therewith;

        (d)     to alter repair pull down and re-erect existing buildings;

        (e)     to make and contribute to making drains, roads, and other public or private utilities;

        (f)     to pay rates and taxes;

        (g)     generally to employ all such persons and do all such things as are necessary for the proper management and control, care and maintenance of the land and buildings thereon forming part of the Trust Fund.

        9.     General powers

The Trustees shall have the following general powers—

        (a)     to open and operate banking accounts and to determine the method by which cheques on their behalf shall be signed from time to time;
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        (b)     to employ such officers and to pay such salaries as may be necessary;

        (c)     to make rules for the occupation of the homes provided the same shall not be inconsistent with these presents;

        (d)     to borrow money and to mortgage as security therefor the whole or any part of the Trust property and to sign seal deliver and execute any mortgage lien or other document in connexion therewith and whether under the Transfer of Land Acts or otherwise;

        (e)     to appeal to the public and organize collections after consultation with the League as to the dates of any such appeals;

        (f)     to accept donations of moneys materials land or other property whether or not subject to any special conditions and to administer the same in accordance with any special conditions attaching to any donation provided the same shall be for the benefit of veterans;

        (g)     to employ and remunerate all solicitors brokers estate agents and such other agents as the Trustees may deem necessary from time to time;

        (h)     to pay all costs expenses and outgoings of whatsoever nature incurred or to be incurred in or about the execution of the trusts hereof.

        10.     Provisions governing meetings

The following provisions shall govern all meetings of Trustees—

        (a)     at their first meeting and upon the expiration of each successive period of twelve months thereafter the Trustees shall elect a Chairman and a Deputy Chairman who shall hold office for twelve months if they shall so long remain a Trustee. In case the Chairman or Deputy Chairman so elected shall cease to be a Trustee or die then the Trustees at their next meeting shall elect a Chairman or Deputy Chairman who shall hold office until the expiration of the period of twelve months for which the Trustee so ceasing to be a Trustee or dying shall have been appointed. In case the Chairman and Deputy Chairman shall be absent from any meeting the Trustees present at such meeting shall elect one of their number to be Acting Chairman for such meeting. The Chairman or Deputy or Acting Chairman at every meeting shall have a vote and if there be an equal division in the voting shall also have a casting vote;

        (b)     the decisions of the majority of the Trustees or in case there shall be an equal division in the voting the casting vote of the Chairman present at any meeting shall bind the other Trustees whether present or not and shall be as valid as if the Trustees had acted unanimously;
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        (c)     ordinary meetings shall be convened at least six times in every year by seven days' notice in writing setting out the business to be transacted thereat posted to the last known address of each Trustee or delivered to him personally;

        (d)     any one Trustee may require the Secretary or Chairman to convene a special meeting and same shall be convened within four days by notice posted or delivered as aforesaid;

        (e)     a minute book shall be kept of all meetings;

        (f)     a quorum of any meeting of the Trustees shall be three.

        11.     Provisions for audit

The Trustees shall appoint an Auditor whose duty it shall be to make an annual audit of all accounts of the Trust Fund and the administration thereof and who shall prepare and lay before the Trustees an annual statement of receipts and expenditure and a balance-sheet of the Trust Fund together with a report if he shall deem the same necessary.

        12.     Future Presidents of League to be ex officio Trustee

Any person other than the said George William Frederick Holland subsequently appointed to be President of the League shall ex officio be and become a Trustee hereof during such time only as he shall be and remain President of the League as aforesaid provided he shall enter into a deed whereby he shall agree to be bound by the covenants terms and conditions of these presents.

        13.     Appointment of new Trustee

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Where any Trustee either original added or substituted and however appointed avails himself of any of the provisions of the Bankruptcy Acts for the time being in force for the relief of bankrupt debtors or is dead or remains out of Victoria for more than twelve months or desires to be discharged from all or any of the trusts or powers reposed in or conferred on him by this scheme or refuses or is unfit to act therein or is incapable of acting therein or absents himself from three consecutive meetings of the Trusts without the consent of the other Trustees and—

        (a)     in case such Trustee so absent retiring bankrupt dead or refusing or being unfit or incapable shall have been one of the three Trustees first abovementioned by name or any person substituted for one of them or one of their successors then the council within three months of notice in writing so to do from the Secretary of the Trust or should there be none from the remaining Trustees or one of them or from any person who shall represent the Trustees or any of them or at any time if no such notice shall have been given shall have the power at a duly covened and constituted meeting to declare vacant the office of such Trustee so absent retiring bankrupt dead refusing or being unfit or incapable and shall appoint such person as they shall think fit to be a new Trustee in his place and the remaining Trustees shall confirm such appointment by deed and execute the necessary documents in the same manner as if they had appointed a new Trustee as hereinafter mentioned;

        (b)     in any other case the surviving or continuing or other Trustees for the time being shall have power at any duly convened meeting to declare the office of the Trustee so absent retiring bankrupt dead refusing or being unfit or incapable vacant and shall thereupon within a reasonable time by deed appoint such person as they think fit upon such person being approved by the Council at a duly constituted meeting to be a Trustee of the Trust hereby created and shall transfer and assign the Trust Fund to and vest the same in such new Trustee as far as is necessary jointly with the other Trustees;

        (c)     every new Trustee so appointed shall enter into a deed whereby he shall agree to be bound by the covenants terms and conditions of these presents.

        14.     Liability of Trustees

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A Trustee shall not (except in the case of wilful default or gross negligence) incur any personal liability by reason of anything done or purported to be done under this scheme and (save as aforesaid) each Trustee shall be indemnified and met out of the Trust Fund of which he is a Trustee in respect of all claims demands actions or damages arising out of or connected with any of his acts or omissions in relation to the said Trust Fund.

        15.     Persons dealing with the Trustees

No persons making any purchase from or effecting any sale to or entering into any mortgage or having any other dealings whatsoever with the Trustees shall be concerned to enquire into the terms of the Trust or as to whether any acts or act of the Trustees was within such terms or not and no such person shall be affected by any constructive notice that any purchase sale mortgage or other act of the Trustees was not within their powers as are hereinbefore set out.

        16.     Power to delegate to local Trustees

The Trustees shall have power to delegate such portion or portions of their Trusts and powers as they may deem fit to local Trustees who may be thereby empowered to act in connexion with the erection occupancy and maintenance of a home or homes to be erected in any city town or district upon such terms and conditions as the Trustees may been fit provided that such local Trustees shall before so acting if so desired by the Trustees execute a Deed of Trust in proper form comprising such delegated powers terms and conditions and the Trustees may revoke any such Deed (or any of the trusts or powers thereof) from time to time when and as they may think fit.

IN WITNESS whereof the Trustees have hereunto set their hands and seals the 12th day of August One thousand nine hundred and thirty-seven.

SIGNED SEALED AND DELIVERED by the
said GEORGE WILLIAM FREDERICK
HOLLAND in the presence of
J. W. Fenton Solicitor Melbourne.




G. W. HOLLAND

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SIGNED SEALED AND DELIVERED by the
said CLAUDIUS SANDERSON
in the presence of
J. W. Fenton.




C. SANDERSON

SIGNED SEALED AND DELIVERED by the
said NORMAN STANLEY OSBORNE
in the presence of
J. W. Fenton.




N. S. OSBORNE

SIGNED SEALED AND DELIVERED by the
said MAJOR-GENERAL SIR CYRIL
BRUDENELL BINGHAM WHITE,
K.C.B., K.C.M.G., K.C.V.O., D.S.O., in
the presence of
J. W. Fenton.






C. B. B. WHITE

SIGNED SEALED AND DELIVERED by the
said GEORGE BURRIDGE LEITH in
the presence of
J. W. Fenton.




G. Burridge LEITH

SIGNED SEALED AND DELIVERED by the
said FRANCIS PLUMLEY DERHAM in
the presence of
A. M. Holmes.




Francis P. DERHAM

SIGNED SEALED AND DELIVERED by the
said GODFREY CAREW HAWKER in
the presence of
J. W. Fenton.




G. C. HAWKER

SIGNED SEALED AND DELIVERED by the
said DOUGLAS OSWALD LUKE KITTO
in the presence of
J. W. Fenton.




D. O. L. KITTO

SIGNED SEALED AND DELIVERED by the
said BRIGADIER-GENERAL JOHN
PATRICK McGLINN, C.M.G., C.B.E.,
V.D., in the presence of
J. R. Law Smith Solicitor Melbourne.





J. P. McGLINN

__________________

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