Bryant House Trust Board Enabling Act 1948

Bryant House Trust Board Enabling Act 1948

Private Act1948 No 2
Date of assent22 October 1948

An Act to empower the Bryant House Trust Board to transfer to the Mary Bryant Trust Board certain of its Assets for the purpose of providing Funds for the Establishment and Maintenance of a Home for Children in the City of Hamilton.

  • Preamble

    WHEREAS by a certain deed of trust dated the seventeenth day of November, nineteen hundred and twenty-four, Daniel Vickery Bryant, of Te Rapa, near Hamilton, farmer, expressed his desire to give and present certain lands at Raglan, together with certain stock and implements, to the trustees named in the aforesaid deed of trust and also to provide money and funds for the erection of a convalescent home for children on the said lands and for the maintenance and upkeep thereof: And whereas by memorandum of transfer dated the seventeenth day of November, nineteen hundred and twenty-four, the said lands were duly transferred and the said stock and implements were duly handed over to the said trustees: And whereas the aforesaid deed of trust declared that the said lands and chattels and moneys (together with the increase and proceeds of the said stock and implements and the said moneys) should be held by the trustees and their successors in perpetuity upon trust for the purposes of a convalescent home for children: And whereas by a supplemental deed bearing date the fourth day of February, nineteen hundred and twenty-nine, the trustees were given the further power to purchase any freehold or leasehold lands and to purchase any live-stock, chattels, choses-in-action, or personal property: And whereas, in pursuance of the said power, the trustees purchased a freehold farm property near Te Kuiti, together with certain live-stock and implements: And whereas the said trustees were on the seventh day of June, nineteen hundred and forty-six, duly incorporated under the provisions of the Religious, Charitable, and Educational Trusts Act 1908, as a Trust Board with the name or title of the Bryant House Trust Board: And whereas by a certain memorandum of transfer dated the nineteenth day of November, nineteen hundred and forty-seven, Mary Bouchier Bryant, of Hamilton, wife of the said Daniel Vickery Bryant, transferred her house property in Hamilton, described as Lots 1 and 2 on a plan deposited in the Land Registry Office at Auckland as Number 26527, and being all the land in certificate of title, Volume 680, folio 26, Auckland Registry, to certain trustees, and contemporaneously by deed of trust bearing date the nineteenth day of November, nineteen hundred and forty-seven, declared that the said property should be held by the Mary Bryant trustees upon trust for the purpose of a home for children: And whereas the Mary Bryant trustees have become incorporated as a Trust Board under the provisions of the Religious, Charitable, and Educational Trusts Act 1908, with the name or title of the Mary Bryant Trust Board: And whereas the Bryant House Trust Board is desirous of transferring to the Mary Bryant Trust Board the aforesaid farm property near Te Kuiti, together with all live and dead stock on the said farm property as at the thirtieth day of April, nineteen hundred and forty-eight, and all moneys standing to the credit of the Bryant House Trust Board in its Bryant House Te Kuiti Account in the Bank of New South Wales at Hamilton as on the thirtieth day of April, nineteen hundred and forty-eight, for the purpose of providing a fund for the establishment and maintenance of the said home for children in the City of Hamilton: And whereas the Bryant House Trust Board, under the aforesaid deed of trust dated the seventeenth day of November, nineteen hundred and twenty-four, has no power to dispose of the said assets in the manner aforesaid and is desirous that statutory authority should be given to empower the Bryant House Trust Board to make such transfer: And whereas the Bryant House Trust Board will, after transferring the above-described Te Kuiti assets and the Bryant House Te Kuiti Account in the Bank of New South Wales at Hamilton, have sufficient assets remaining to carry on the original trusts declared and imposed by the said deed of trust dated the seventeenth day of November, nineteen hundred and twenty-four:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title

  • This Act may be cited as the Bryant House Trust Board Enabling Act 1948.

2 Power to transfer certain assets to Mary Bryant Trust Board

  • The Bryant House Trust Board is hereby empowered and authorized to give and transfer to the Mary Bryant Trust Board all its Te Kuiti assets and all moneys standing to the credit of the Bryant House Te Kuiti Account in the Bank of New South Wales at Hamilton, as more particularly described in the Schedule hereto.

3 Transferred assets to be held on new trusts

  • The aforesaid assets and moneys shall henceforth be held by the Mary Bryant Trust Board upon the trusts reposed in it by virtue of the aforesaid deed of trust dated the nineteenth day of November, nineteen hundred and forty-seven, and freed and discharged from the trusts heretofore affecting them.

4 Private Act

  • This Act is hereby declared to be a private Act.

Schedule
Land

  • (a) All that parcel of land in the Provincial District of Auckland, containing 313 acres 3 roods 17.6 perches, more or less, being part of the block situated in Block XV of the Orahiri Survey District and Block III of the Otanake Survey District called Tapuiwahine 1C 2C, and being the residue of the land in certificate of title, Volume 674, folio 53, Auckland Registry, subject to the restrictions imposed by section 248 of the Maori Land Act 1931.

  • (b) All that parcel of land in the said provincial district, containing 42 acres 1 rood and 20 perches, more or less, being the block situated in Block III of the Otanake Survey District called Tapuiwahine 1C 2A, and being the whole of the land comprised in certificate of title, Volume 683, folio 182, Auckland Registry, subject to the restrictions imposed by section 248 of the Maori Land Act 1931.

  • (c) All that parcel of land in the said provincial district, containing 457 acres, more or less, being the block situated in Block XV of the Orahiri Survey District and Block III of the Otanake Survey District called Tapuiwahine No 1C, Section 1, and being the whole of the land comprised in certificate of title, Volume 666, folio 287, Auckland Registry, subject to the restrictions imposed by section 248 of the Maori Land Act 1931.

  • (d) All that parcel of land in the said provincial district, containing 48 acres 2 roods 13 perches, more or less, being the block situated in Block III of the Otanake Survey District called Tapuiwahine 1C 2B, and being the whole of the land comprised in certificate of title, Volume 674, folio 228, Auckland Registry, subject to the restrictions imposed by section 248 of the Maori Land Act 1931.

  • (e) All that parcel of land in the said provincial district, containing 47 acres 1 rood 11.5 perches, more or less, being part of the block situated in the Orahiri Survey District called Te Kumi Number 3B, Number 3, originally acquired by Te Niko Mauritu and others on the 23rd day of March, 1899, and being the residue of the land comprised in certificate of title, Volume 215, folio 274, Auckland Registry, subject to the restrictions imposed by Part 13 of the Land Act 1908.

  • (f) All those parcels of land, containing together 11 acres 2 roods 10 perches, more or less, being the block situated in Block XV of the Orahiri Survey District called Te Kumi A2 (being formerly parts of Te Kumi 3B 1B and Te Kumi 3B 2 Blocks), and being all the land comprised in certificate of title, Volume 691, folio 60, Auckland Registry, subject to the restrictions imposed by section 248 of the Maori Land Act 1931.

STOCK AND PLANT AS AT THE 30TH DAY OF APRIL, 1948 
 3,000 mixed breeding-ewes.  
 80 rams  
 240 fattening lambs  
 168 Romney ewe hoggets.  
 40 Southdown ram hoggets  
 267 run cattle  
 6 horses  
 Harnesses  
 Plant  
 CASH$c
Moneys standing to the credit of the Bryant House Trust Board in the Bryant House Te Kuiti Account at the Bank of New South Wales, Hamilton, as at the 30th day of April, 1948...................................................................
29,88348
Sundry debtors as at the 30th day of April, 1948...................................................................
38000
  30,26348

  • The expressions “$ and c”, “29883.48”, “3800.00” and “30263.48” were substituted, as from 10 July 1967, for the expressions “£ s d”, “14,941.14.10”, “190.0.0” and “15131.14.10” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).