Vol. 6091 Fol. 1218148 Assistant Registrar of Titles
George V1., by the Grace of God of Great Britain Ireland and the British Dominions beyond the Seas King Defender of the Faith EMPEROR of India TO all to whom these presents shall come GREETING WHEREAS in conformity with the laws relating to the sale and occupation of Crown lands in Our State of Victoria the persons hereinafter named have in consideration of the sum Three Pounds which sum has been duly paid become entitles to a grant in fee simple of the surface and down to the depth of FIFTY feet below the surface of the land hereinafter described HOW KNOW YE that in consideration of the sum so paid and in pursuance of the law Us in that behalf enabling WE DO HEREBY GRANT unto Charles Richard Henery Hemsworth, Farrier Malcolm Innes MacPherson Storekeeper John James Moore Storekeeper Arthur Keith Hobday Secretary and John Vincent Colman Orchardist all of Warrandyte and Ethel Elizabeth Osborne of the University of Melbourne Carlton Medical Practitioner their heirs and assigns so much and such parts as lie above the depth of FIFTY feet below the surface of ALL THAT PIECE OF LAND in the said State containing two roads more or less being Allotment five E of Section fifteen in the Town of Warrandyte, Parish of Warrandyte County of Evelyn delineated with the measurements and abuttals thereof in the map drawn in the margin of these presents and therein colored yellow PROVIDED nevertheless that the grantered shall be entitled to sink wells for water and to the use and enjoyment of any wells or springs of water upon or within the boundaries of the said land for any and for all purposes as though they held the land without limitation as to depth EXCEPTING nevertheless unto Us Our heirs and successors all gold and silver and minerals as defined in the Mines Act 1928 in upon or under or within the boundaries of the land hereby granted AND ALSO reserving to Us Our heirs and successors free liberty and authority for Us Our heirs and successors and Our and their licensees agents and servants at any time or times hereafter to enter upon the said land and to search and mine therein for gold silver and minerals as aforesaid and to extract and remove therefrom any such gold silver and minerals and to search for and work dispose of and carry away the said gold silver and minerals lying in upon or under the land hereby granted and for the purposes aforesaid to sink shafts make ??? erect machinery and to carry on any works and do any other things which may be necessary or usual in mining and with all other incidents that are necessary to be used for the getting of the said gold silver and minerals and the working of all mines seams lodes and deposits containing such gold silver and minerals in or under the land hereby granted
TO HOLD unto the said Charles Richard Henery Hemsworth Malcolm Innes John James Moore Arthur Keith Hobday Vincent Colman and Ethel Elizabeth Osborne their heirs and assigns for ever as joint tenants
PROVIDED ALWAYS that the said land is and shall be subject to be resumed for mining purposes under Section 168 of the Land Act 1928.
AND PROVIDED also that the said land is and shall be subject to the right of any person being the holder of a miner’s right or a mining lease or mineral lease under the Mines Act 1928 or any corresponding previous enactment to enter therein and to mine for gold silver or minerals within the meaning of the said Act and to erect and occupy mining plant or machinery thereon in the same manner and under the same conditions and provisions as those to which such person would for the time being be entitled to mine for gold and silver in and upon the Crown lands PROVIDED that compensation shall be paid to the said Charles Richard Henery Hemsworth, Malcolm Innes MacPherson, John James Moore, Arthur Keith Hobday, John Vincent Colman and Ethel Elizabeth Osborne their heirs executors administrators assigns or transferees by such person for surface damage to be done to such land by reason of mining thereon such compensation to be determined as provided for the time being by law and the payment thereof to be a condition precedent to such right of entry.
DATED in accordance with the provisions of the Land Acts the seventh day of May in the year of our Lord One thousand nine hundred and thirty five being the day the persons herein named became entitled to the Grant.
IN TESTIMONY WHEREOF We have on this twenty third day of March 1937 caused this Our Grant to be sealed at Melbourne with the Seal of the said State. WITNESS Our trusty and well-beloved Captain the Right Honorable WILLIAM CHARLES ARCEDECKNE, BARON HUNTINGFIELD, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Governor of the said State of Victoria and its Dependencies in the Commonwealth of Australia.
Endorsements: NIL
UNREGISTERED DEALINGS: NIL
FEIGL & NEWELL
TITLE SEARCHES
BOX 2343V, O.P.O.
MELB 3001
DX 301 MELB
Transcription: TO ALL TO WHOM THESE PRESENTS SHALL COME WE JOHN JAMES MOORE of Warrandyte in the State of Victoria Storekeeper JOHN VINCENT COLMAN of South Warrandyte in the said State Orchardist ARTHUR KEITH HOBDAY of Warrandyte aforesaid Company Secretary ETHEL ELIZABETH OSBORNE of the University of Melbourne in the said State Medical Practitioner, CHARLES HENERY HEMSWORTH of Warrandyte aforesaid Farrier and MALCOLM INNES MACPHERSON of Warrandyte aforesaid Carpenter SEND GREETINGS WHEREAS a public meeting was convened and held at Warrandyte aforesaid on the Seventeenth day of August, One thousand nine hundred and thirty four for the purpose of considering means of providing homes for the relief of homeless or distressed persons. AND WHEREAS at such public meeting a Committee was formed to organize an appeal for materials and money for such purpose and we were appointed as trustees for the purpose of using and administrating such materials and moneys as should be subscribed AND WHEREAS as a result of such appeal we now hold for the purpose aforesaid a quantity of building material and the sum of one hundred and thirty pounds AND WHEREAS it is desirable that the trusts upon which the said materials and money are held by us should be defined AND WHEREAS at a meeting of the persons who gave or subscribed such materials and money duly convened and held on the Thirteenth day of June One thousand nine hundred and thirty-five such trusts being the trusts hereinafter contained and the other provisions hereinafter contained were approved by such meeting NOW KNOW YE that we the said John James Moore, John Vincent Colman, Arthur Keith Hobday, Ethel Elizabeth Osborne, Charles Henery Hemsworth, and Malcolm Innes MacPherson do hereby declare that we hold the said materials and money, UPON TRUST for the following purposes and in regard to such purposes shall have the following powers:- To purchase or to lease from the Crown two allotments of – land in or near Warrandyte aforesaid and on each of such allotments to erect a house of such a kind as we shall deem suitable, To utilize and expend the whole of the said materials and money in the purchase of such land and the erection of such.
aforesaid to hold such house together with any accumulated rents therefrom UPON TRUST to use the sums or the rents and income to arise therefrom in such manner in all respects as we shall think fit for such charitable purpose or purposes as we shall from time to time determine with power at any time to sell and convert the same into money and to divide the proceeds of such sale and conversion between such charitable ???????????? and in such manner as we shall in our absolute discretion think expedient.
6. For the purposes of the control and management of the said houses we (hereinafter called the trustees) do hereby further declare as follows:-
(a) The trustees shall appoint one of their number to act as Secretary to the trustees and may from time to time revoke any such appointment and appoint another Secretary.
(b) The trustees shall meet at such times and so often as shall be necessary and advisable upon written notice to be given to the Secretary ?????? of the trustees or upon written notice signed by a majority of the trustees and at every such meeting a chairman shall be elected.
(c) All matters or questions submitted to or considered by a meeting shall be decided by a majority of the votes of the trustees present at such meeting but the chairman shall have a second or casting vote.
(d) A majority of the trustees for the time being shall form a quorum at any meeting.
(e) Minutes of the proceedings at every such meeting shall be entered in a book to be kept for that purpose and shall be signed by the Chairman.
(f) The trustees shall have power at any meeting to make further regulations and to vary or revoke the same in regard to the control and management of the fund provided that any such regulation shall not be inconsistent with these presents.
7. We do hereby further declare as follows:-
(a) The number of trustees under this Deed shall not at any time be less than four nor more than six and the power of appointing a new trustee or new trustees of the Deed shall be
exercised by the trustees for the time being at a meeting held in accordance with the provisions hereinbefore contained.
(.) A trustee may at any time by writing under his hand resign his office.
IN WITNESS WHEREOF the said parties to these presents has hereunto set their hands and seals this ????? One thousand nine hundred and thirty-six.
SIGNED SEALED AND DELIVERED by the )
said JOHN JAMES MOORE in the ) John J Moore
presence of C. Hemsworth J.P. )
SIGNED SEALED AND DELIVERED by the )
said JOHN VINCENT COLMAN in the ) John Vincent Colman
presence of C. Hemsworth J.P. )
SIGNED SEALED AND DELIVERED by the )
said ARTHUR KEITH HOBDAY in the ) Arthur Keith Hobday
presence of M. I MacPherson )
SIGNED SEALED AND DELIVERED by the )
said ETHEL ELIZABETH OSBORNE in the )
presence of )
SIGNED SEALED AND DELIVERED by the )
said CHARLES HENERY HEMSWORTH in the ) Charles Henery Hemsworth
presence of Arthur K Hobday )
SIGNED SEALED AND DELIVERED by the )
said MALCOLM INNES MACPHERSON in ) Malcolm Innes MacPherson
the presence of Arthur K Hobday )
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