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CAWTHRON INSTITUTE TRUST BOARD EMPOWERING ACT 1949 - NOTES

- As at 21 October 1949 - Act 1 of 1949

Preamble

Whereas James Wilfred Marsden, deceased, late of Stoke, in the Provincial District of Nelson, by his last will and testament, devised the land described in the Schedule unto the trustees for the time being of the Cawthron Institute for the encouragement and advancement of agriculture and forestry, the experimental cultivation of useful trees and shrubs, of grain, grasses and forage plants, roots, pulse, and potatoes, and of any other subjects connected with agricultural farming and research, and especially such as the said trustees might from time to time consider most desirable for the requirements of the Provincial District of Nelson and its farming community as a whole, and with and subject to certain directions, powers, and provisions therein set out:   And whereas it was in the said will and testament provided that the said trustees should have no power to sell, exchange, or alienate the said lands or any part thereof, except as therein provided:     And whereas by a codicil to his last will the said James Wilfred Marsden revoked the direction as to the power to sell, exchange, or alienate the said land, and provided that the said trustees should have no power to sell, exchange, or alienate the said land or any part thereof, excepting that they might from time to time lease any part or parts thereof for any term of years if they should consider the best interest of the endowment to be forwarded by so doing, but not otherwise:     And whereas the Cawthron Institute Trust Board is the trustee of the said Institute:     And whereas, owing to soil irregularities, the said land is unsuitable for the purposes of field experimental work and agricultural research:     And whereas it is desirable that the terms of the trust should be as nearly as may be given effect to by the sale or other disposal of the said land and the application of the net proceeds for the purpose of carrying on work of a similar kind to that for which the said land was devised to the Board, including the purchase of other land in the said provincial district to be held by the Board upon similar trusts to those upon which the said land is now held and the establishment thereon of an experimental station for the said work:     And whereas it is also desirable to grant to the said Board further powers to lease the whole or part of the said land:     And whereas it is also desirable to grant to the said Board power to invest moneys held by it upon mortgage of certain leasehold property:     And whereas the requisite powers are attainable only by legislation.  



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