An Act to authorize the Conveyance of a certain Parcel of Land described in the Schedule hereto in trust for the Port Chalmers Volunteers, and to make Provision for the Control and Management of the said Land.

Preamble.

WHEREAS by certain grants from the Crown bearing date respectively the first day of August, one thousand eight hundred and sixty-six, and the twenty-fifth day of November, one thousand eight hundred and sixty-nine, the parcel of land particularly described in the Schedule hereto was vested in the Superintendent of the then Province of Otago upon trust for the public purposes mentioned in the said grants: And whereas by virtue of “The Abolition of Provinces Act, 1875,” the said parcel of land is now vested in Her Majesty the Queen: And whereas it is expedient that the dedication of the said parcel of land should be changed, and that it should be set apart for the use of the Port Chalmers Volunteers as a site for a drill-shed and other buildings connected with Volunteer purposes, and conveyed to and vested in Trustees in manner hereinafter mentioned:

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.

The Short Title of this Act is “The Port Chalmers Drill-shed Act, 1881.”

2 Port Chalmers Drill-shed Trustees incorporated.

The following persons, that is to say, William Goldie, Captain of the Port Chalmers Naval Brigade; John Bosworth Taylor, Captain of the L Battery of the New Zealand Regiment of Artillery Volunteers; William Murray, of Port Chalmers aforesaid, gentleman, and all such other persons as shall hereafter be appointed Trustees under the provisions of this Act, shall be and they are hereby constituted a body corporate, in fact and in law, by the name and style of “The Port Chalmers Drill-shed Trustees,” and by that name they and their successors shall have perpetual succession and a common seal, with full power and authority by the same name and style to do and suffer all matters and things incidental or appertaining to a corporate body, subject nevertheless to any provisions in this Act contained affecting such powers.

3 Power to appoint and remove Trustees.

In case any Trustee shall die, resign, or become incapable to act, or be removed, suspended, or absent from the Provincial District of Otago for the space of six calendar months, the Governor shall appoint some other fit person or persons to be a Trustee or Trustees in the place of the person or persons so dying, resigning, becoming incapable, or being absent as aforesaid, and every such appointment as aforesaid shall be notified in the New Zealand Gazette.

4 Power to convey land to Trustees.

It shall be lawful for the Governor, on behalf of Her Majesty, to execute a conveyance to the said Trustees and their successors of the parcel of land described in the Schedule hereto as a site for a drill-shed and other buildings connected with Volunteer purposes, for the use of the several corps of Volunteers of different arms enrolled or hereafter to be enrolled in the Town of Port Chalmers.

5 Land to vest in Trustees and their successors.

Immediately on the passing of this Act the parcel of land described in the Schedule hereto shall vest in and be held by the said Trustees and their successors, with power, subject to the provisions of this Act, to make any contract, and do all other lawful things relating thereto.

6 Power to erect and maintain buildings, &c.

It shall be lawful for the said Trustees and their successors to erect and maintain a building to be used as a drill-shed, and other buildings connected with Volunteer purposes, on the said parcel of land, and to add to, alter, remove, and pull down the said buildings or any of them, and to erect others in addition thereto or in place thereof.

7 Power to borrow.

It shall be lawful for the said Trustees and their successors to borrow, on the security of the rents, issues, and profits of the said parcel of land described in the Schedule hereto, any sum or sums of money not exceeding in the whole the sum of two thousand pounds, and for such purpose to execute any deed or deeds securing to the lender or lenders the said rents, issues, and profits.

8 Lenders not to have power to sell the land.

In any such deed or deeds granting any such security as is hereinbefore mentioned, it shall be expressly provided that the lender or lenders shall have no power of sale over the said parcel of land, nor over anything save the rents, issues, and profits thereof.

9 Application of borrowed money.

All moneys borrowed under the provisions of this Act shall be applied in or towards the erection, maintenance, and repairs, or the rebuilding, of a drill-shed and other necessary buildings for Volunteer purposes on the said parcel of land: Provided always that no lender of the said moneys or any part thereof shall be concerned to see or inquire as to the application of the said moneys or be answerable for their misapplication.

10 Application of rents and profits.

All moneys received by the said Trustees and their successors for the rents, issues, and profits of the said lands shall, after deducting therefrom all necessary expenses incurred in the management thereof, be applied in and towards the erection and maintenance of a building to be used as a drill-shed, and other buildings connected with Volunteer purposes, upon the said land, and generally in and towards the support and encouragement of the Volunteer Corps in Port Chalmers, and for such other purposes connected with the Volunteer Force as the said Trustees and their successors may from time to time determine.

11 Trustees to make rules.

It shall be lawful for the said Trustees and their successors, and they are hereby authorized and empowered, from time to time to make and alter rules for regulating the management, or for prescribing the conditions on which the drill-shed and appurtenances shall be occupied and used.

12 On failure of trust, lands to become demesne lands of the Crown.

In the event of the several corps of the Port Chalmers Volunteers failing to keep up the standard of efficiency of service, as the same may from time to time be prescribed by any Act or regulations for the time being in force affecting the Volunteer Forces in the colony, or of their services being discontinued, or of their being disbanded, then and in either of such cases the whole of the land described in the Schedule hereto and the appurtenances shall revert to and be vested in Her Majesty the Queen, and shall be and become part of the demesne lands of the Crown:

Provided nevertheless that in such event the rents, issues, and profits of the said parcel of land shall still remain, subject to the conditions of this Act, as a security to the lender or lenders of any money that may have been borrowed under the authority of this Act.

Schedule

All that parcel of land in the Provincial District of Otago situate in the Mussel Bay Reclamation, and containing by admeasurement twenty-two and three-tenths (22·8) poles, more or less. Bounded towards the East by the gasworks site, one hundred and fifty (150) links; towards the South by a line bearing 281° 40,′ one hundred (100) links; towards the West by a line bearing 2° 12,′ one hundred and thirty-three and three-tenths (133·3) links; and towards the North by a line bearing 92° 8,′ ninety-eight and six-tenths (98·6) links: be all the aforesaid linkages more or less; as the same is delineated on the plan deposited in the Survey Office, Dunedin.

Port Chalmers Drill-Shed Act 1881