Western Australian Consolidated Acts Western Australian Consolidated ActsPreamble
Whereas:
(a) by
transfer registered at the Office of Titles 2 , Western Australia on 5
January 1895 portion of Victoria Location 848, comprising 3 642 square
metres, now being the whole of the land comprised in Certificate of Title
Volume 64 Folio 169 (hereinafter referred to as “the land”) was
transferred to ROBERT ELLIOTT, ARTHUR CLINCH, REUBEN BACKSHALL, DAVID DUNCAN
and CHARLES DUNCAN (hereinafter referred to as “the proprietors”);
(b)
although the land is not subject to any express trust the land was acquired by
the proprietors as trustees for the St. Catherine’s Hall Committee,
(hereinafter referred to as “the Committee”) an unincorporated
body formed for the purpose of managing and maintaining a building known as
St. Catherine’s Hall which was erected on the land for the use and
benefit of the community at Greenough;
(c) the
proprietors are currently the registered proprietors of the land;
(d)
Arthur Clinch died on 8 August 1933, Reuben Backshall died on 20 November
1935, Charles Duncan died on 9 September 1936 and David Duncan died on 9
September 1937;
(e) no
trace can be found of the death or present whereabouts of Robert Elliott, who
was priest in charge of the Church of England parish of Greenough from 1892 to
1898;
(f)
although the Committee has continued to manage and maintain
St.Catherine’s Hall, the record of its activities is incomplete and no
new trustees have been appointed to replace the proprietors, who have either
died or disappeared;
(g) the
Committee desires to donate the land, together with the building or buildings
situated thereon, to The National Trust of Australia (W.A.) (hereinafter
referred to as “The Trust”), a body established under the
National Trust of Australia (W.A.) Act 1964 , and The Trust has agreed to
accept the gift, pursuant to and for the purposes of that Act;
(h) to
vest the land in The Trust it is expedient to enact this Act.