Western Australian Consolidated Acts Western Australian Consolidated ActsPreamble 2, 3
Whereas Samuel Evans Burges of Perth in the State of Western Australia,
Esquire, died on 25 May 1885, having made and duly executed his last will and
testament and a codicil thereto dated respectively 3 October 1883, and 14
July 1884; and probate of the said will and the said codicil was duly granted
by the Supreme Court of Western Australia to the executors therein named; and
whereas by his said will the said Samuel Evans Burges charged all his real
property at York devised to his son Richard Goldsmith Burges with the payment
by the said Richard Goldsmith Burges, his heirs and assigns, to the Standing
Committee of the Synod of the West Australian Branch of the Church of England
for or towards the support of the Church of England clergyman from time to
time stationed at York in the said State, of an annual sum of Ten pounds
during the life of the said Richard Goldsmith Burges and after the decease of
the said Richard Goldsmith Burges with the payment to such Committee for the
like purpose, of an annual sum of twenty pounds for ever; and whereas the said
Richard Goldsmith Burges died on 25 September 1905 and by an Order of His
Honour, Mr. Justice McMillan, made 19 April 1910, pursuant to the
provisions of the Redemption of Annuities Act 1909 , it was ordered (
inter alia ) that the cash surrender value of the perpetual charge of the
annual sum of Twenty pounds aforesaid as created by the abovementioned will of
the late Samuel Evans Burges, deceased, over the lands therein charged be
fixed at Five Hundred pounds and that on payment of such sum to the Diocesan
Trustees of the Church of England in Western Australia within the time fixed
in the said Order the said perpetual charge should be discharged and the said
lands should thereupon be freed and discharged from the said perpetual charge;
and whereas by the said Order it was further ordered that the said Diocesan
Trustees should invest the said sum of Five Hundred pounds in the securities
mentioned in the said Order and that the income accruing thereform to the
extent of Twenty pounds per annum should be applied for the benefit of the
Church of England clergyman for the time being stationed at York and that any
surplus income over Twenty pounds per annum be capitalised with power for the
Trustees from time to time to draw thereon to make good any deficiency; and
whereas the said sum of Five Hundred pounds was duly paid as directed by the
said Order and the said sum of Twenty pounds per annum has been regularly paid
and the surplus income capitalised, with the result that the annual income
form the capital sum is in excess of the amount required to pay the said sum
of Twenty pounds per annum; and whereas by Act 52 Victoria No. 2 4
it was enacted that all land and other property vested in the Standing
Committee of the Synod of the Western Australian Branch of the Church of
England should be vested in the corporation to be known as “The Diocesan
Trustees of the Church of England in Western Australia for the time
being” and by the Church of England Diocesan Trustees and Lands
Act 1918 5 , it was enacted that the name and style of the
corporation constituted by the said Act, 52 Victoria No. 2 4 ,
should thenceforth be “The Perth Diocesan Trustees” and whereas
the said The Perth Diocesan Trustees is desirous that it be empowered at its
discretion to capitalise the surplus income arising from the said capital sum
or to pay such surplus income to the Church of England clergyman for the time
being stationed at York:
Be it therefore enacted by the King’s Most Excellent Majesty, by and
with the advice and consent of the Legislative Council and Legislative
Assembly of Western Australia, in this present Parliament assembled, and by
the authority of the same, as follows: —