Western Australian Consolidated Acts Western Australian Consolidated Acts (1) It shall be lawful
for the Perth Hebrew Congregation (Incorporated), subject to its rules and
regulations in force for the time being —
(a) to
sell any land granted or demised by the Crown or otherwise acquired and held
in trust for the said congregation or for any of the purposes thereof, and to
transfer or otherwise assure the same to a purchaser freed and absolutely
discharged from any trusts to which the said land may be subject; and
(b) to
mortgage any such lands to secure moneys borrowed for the purpose of paying
and discharging debts heretofore incurred and which are secured by existing
mortgages of land of the said congregation, or to secure moneys which may
hereafter be lawfully borrowed, and for the purpose of such security to assure
such land to the mortgagee and his assigns freed and discharged from any such
trusts as aforesaid; and
(c)
notwithstanding any such trusts, to lease any such land for any term with or
without right of renewal and either by way of building lease or otherwise and
subject to such covenants, conditions, and agreements as the said congregation
may think fit.
(2) No purchaser,
mortgagee, or lessee of any such land shall be bound or concerned to inquire
whether any power of sale, mortgage, or lease was duly and regularly made or
exercised, or in anywise to see to the application of any purchase, mortgage,
or other moneys, or to inquire into the necessity, regularity, or propriety of
any such sale, mortgage, or lease, or be affected by notice that the same is
irregular, unnecessary, or improper.
(3) However, no
transfer or mortgage, and no lease for a term exceeding 21 years, of land
granted by the Crown to or for the use or benefit of the said congregation
without pecuniary consideration shall be valid unless countersigned as
approved by the Governor with the advice of the Executive Council.
[Section 2 amended by No. 19 of 2010
s. 51.]