WHEREAS certain moneys have been raised by public Preamble,

I 19 GEO. V.] Malvern War Memorial Fund. [No. 3618 113 No. 8618. An Act to incorporate a Body by the Name of the Malvern War Memorial Trust and to authorize such Trust to administer the Mai vern Returned Sailors and Soldiers Imperial League of Australia, Memorial Hall Fund in accordance with a certain Deed of Trust, [27th December, 1928.] WHEREAS certain moneys have been raised by public Preamble, subscription to a. fund known as the Malvern Returned Sailors and Soldiers Imperial League of Australia,.Memorial Hall Fund.(hereinafter called "the Trust Fund") for the purpose of erecting in the city of Malvern in the State of Victoria, in memory of the soldiers who enlisted from that district and were killed in the late war a memorial hall for use and occupation by members of the Malvern branch of the Returned Sailors and Soldiers Imperial League of Australia and otherwise for the benefit of the said League: And whereas William ilector MacLemian Hugh dames Martin and Arthur Dean are the trustees for the time bring- of the Trust Fund : And whereas a meeting of subscribers to the Trust Fund held at the Malvern Town Hall on the thirteenth day of October One thousand rune hundred and twentv-four bv resolution expressed itself as being in accord with the proposal of the committee appointed by the said subscribers to divert the Trust Fund for the purpose of providing homes in the city of Malvern for widows of those who served in the late war and should the Trust Fund permit for the relief of necessitous cases anions: dependants of deceased soldiers : And whereas with the object of giving effect to the resolution of the said meeting the said trustees have executed a deed of trust bearing date the seventh day of December One thousand nine hundred and twenty-eight (a copy whereof is set out in the Schedule to this Act): And whereas it schedule, is expedient to authorize the carrying out of the trusts provided in the said deed of trust and to make further provision

114 19 GEO. V.] Malvem War Memorial Fund. [No. 3618 Short title. Incorporation of Malvern War Memorial Trust. Constitution of Trust. Schedule. Appointment of chairman and vice-chairman. Appointment ofnew trustees. Corap. No. 2741 8.14. Evidence of appointment. provision as hereinafter enacted: Be it therefore enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assemhlv of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): 1. This Act may he cited as the Malvem War Memorial Fund Act 1928. 2. There shall be incorporated on the date of the commencement of this Act a bodv by the name of the Malvern War Memorial Trust (hereinafter referred to as u the Trust") and such body corporate shall have perpetual succession and a common seal and may sue and he sued and subject to and for the purposes of this Act shall have power to purchase take hold sell mortgage lease take on lease exchange or dispose of real and personal property and to do and suffer all such other acts and things as bodies corporate may by law do and suffer. 3. (1) The Trust shall consist of three members and the persons named as trustees in the deed of trust a copy of which is set forth in the Schedule to this Act shall be the first members thereof. (2) The members of the Trust may from time to time appoint one of their number to be chairman and another of their number to be vice-chairman thereof. (3) (a) Where a member of the Trust is dead or remain 8 out of Victoria for more than twelve months o r desires to be discharged from all or any of the trusts or powers reposed in or conferred on him or refuses or is unfit to act therein or is incapable of acting therein a new member shall be appointed by the remaining members of the Trust bv writing under their hands or in case of default in making such appointment by such remaining members after the expiration of three months from such vacancy first occurring by the council of the municipality of Malvern by writing under the common seal of the said municipality. (b) The production of an appointment in writing of any person as a member of the Trust shall if the same bears the signatures of the remaining members of the Trust on the date of such appointment

19 GEO. V.] Malvern War Memorial Fund. [No. 3618 115 appointment or the seal of the said municipality be conclusive evidence that such new member has been duly appointed. (4) In case it shall at any time be impossible or Power or impracticable to ascertain who are or were the members of to P ap c Sit ourt the Trust at anv time any person interested in the doing of E?o?T C ru?t. any act or the execution of any document by the Trust may apply to the Supreme Court or a judge thereof to appoint a person or persons to do such act or execute such document on behalf of the Trust and such Court or judge if satisfied that it is desirable to do so may appoint such person or persons as it or he thinks fit to do such act or execute such document on behalf of the Trust and such act so done or such document so executed shall for all purposes be deemed to be done or executed by the Trust. 4. Upon production of a document purporting to be Evidence of duly executed bv a-nd bearing the common seal of the Trust Trust $ aby i l l i c i t ' i i i i documents. no person shall he concerned to inquire whether such document has been duly executed but until the contrary is proved due execution by the Trust shall for all purposes be presumed. 5. The receipt by the secretary or clerk of the Trust Receipt for for the time being shall for all purposes be a good discharge Trust? 11 of all monevs owing by anv person to the Trust to the extent to which the said receipt provides and no person paving money to such secretary or clerk shall be concerned to inquire as to the further application of such money. 6. The Trust shall have full control over the Trust cjakound T-, -ii ' i i i / ' administration lhind referred to m the hereinbefore recited deed of trust of Trust Fund, and shall administer the same in accordance with the said deed. 7- It is hereby expressly declared that the powers con- validity of ferred upon the trustees by the said deed of trust shall be deemed good and valid for all purposes and may be exercised by the Trust as if the same had been expressly conferred upon the Trust by this Act. 8. The members of the Trust while bond fide exercising Exemption of.. p 1, trustees from or purporting to exercise the powers conferred upon tnem personal i l,p i A i n l i i i i ii i«i i L liability. by virtue of this Act shall not be held personally liable at the suit of any person in respect of acts done or omitted to be done by them or any of them. 9. A document

116 1!) GEO. V.] Malvern War Memorial Fund. [No. 3618 service of 9. A document may be served on the Trust by leaving docnmeutoon.^ ^.^ ^ person apparently over the age of twenty-one?k' Ko *?631 ears at or y sending it by post to the place of abode of the secretary or clerk for the time being of the Trust or by leaving it with the secretarv or clerk personally. Authentication 10. A document or proceeding requiring authentication o^ocnmen * by the Trust mav be signed by a member of the Trust or ib.s. 126. the secretary or clerk of the Trust and need not be under its common seal. ft w..- Sectloc 8. SCHEDULE. TO ALL TO WHOM THESE PRESENTS SHALL COME WILLIAM HECTOR MACLENNAN of 7 Wheafcland-road Malvern in the State of Victoria merchant Huon JAM us MARTIN of 47 Emo-road East Malvern in the said State commercial traveller and ARTHUR DEAN of 41 Winter-street Malvern aforesaid barrister SEND (iueetlno. WHEREAS the said William Hector MacLennan Hugh.James Martin and Arthur Dean (hereinafter called!c the trustees v ) have in hand or under their control the sum of Three thousand three hundred and forty-six pounds fourteen shillings and two pence consisting of the moneys and securities a short description whereof is set out in the Schedule hereto. AND WHEREAS the said sum was raised by public subscription for the purpose of erecting a memorial hall in the City of Mai vein in memory of the soldiers who enlisted from that district and were killed in the late war and for use and occupation by members of the Malvern branch of the Returned Sailors and Soldiers Imperial League of Australia and otherwise for the benefit of the said league. AND WHEREAS at a meeting of the subscribers held at the Malvern Town Hall on the thirteenth day of October One thousand nine hundred and twenty-four IT WAS RESOLVED as follows : " That this meeting of subscribers to the Malvern Keturned Sailors and Soldiers Imperial League < of Australia Memorial Hall Fund expresses itself as being in accord with the proposal of the committee to divert the Fund for the purpose of providing homes in the city of Malvern for widows of those who served in the late war and should such Fund permit for the relief of necessitous cases among dependants of deceased soldiers." t AND WHEREAS the committee appointed by the subscribers to the said Fund has resolved that the most advantageous method of carrying out the said resolution having regard to the number of eligible persons desirous of assistance and the particular form of assistance desired to enable homes to be provided is to co-operate with the War Service Homes Commission established under the War Service Homes Act 1918-1923 and to make advances to persons eligible to obtain and desirous of obtaining homes pursuant to such Acts. SCHEDULE

19 GEO. V.] Malvern War Memorial Fund. [No. 3618 SCHEDULE continued. AND WHEREAS accordingly the committee has requested the trustees to hold the said Fund upon the trusts and subject to the conditions hereinafter set out. AND wiircitifias subject to this deed being approved by Act of the Parliament of the State of Victoria the trustees have agreed to hold the said Fund upon the terms of this trust deed : NOW KNOW YE AND THESE PRESENTS WITNESS as follows : 1. In the interpretation of this deed the following words and expressions shall have the following meanings : "The Act " means the Malvern War Memorial Fund Act. "The Trustees" means the said William Hector lmaclennan Hugh James Martin and Arthur Dean and their successors appointed pursuant to the said Act and the survivors and survivor of them and in case there shall be no trustees livinuf at the date of the o decease of the last survivor the personal representatives of such last survivor or other the trustees or trustee for the time being of this deed. "Beneficiaries" shall mean the widows of deceased soldiers who were Australian soldiers within the meaning of the War Service Homes Act 1918-192?. " Dependants " shall mean the widows and/or children (not being more than sixteen years of age) of deceased Australian soldiers within the meaning of the War Service Homes Act 1918-1927. " The Trust Fund " means the said sum of Three thousand three hundred and forty-six pounds fourteen shillings and two pence and any accruing interest and income thereof and also any additional moneys which may from time to time be received by the trustees upon the trusts of this deed. "War Service Homes Commissioner " shall mean the War Service Homes Commissioner for the time being appointed under the War Service Homes Act 1918-1923 of the Commonwealth of Australia or the Commissioners of the State Savings.Bank of Victoria exercising the powers conferred upon them by the War Service Homes Agreement Act 1927 of the Commonwealth of Australia, or the Slate Savings Bank Act 1927 of the State of Victoria. Words denoting the singular number shall include the plural and vice versa and the masculine gender shall include the feminine gender. 2. The trustees shall hold the trust fund and any income rents profits and produce thereof upon trust (a) To advance to any beneficiary eligible for an advance under the said War Service Homes Act such sum or sums as may be necessary or in the absolute discretion of the trustees desirable to enable such beneficiary to take advantage of the provisions of the said Act PROVIDED ALWAYS AND IT IS HEREBY DECLARED : (i) That the trustees shall have absolute and uncontrolled discretion as to the persons eligible as beneficiaries and as to the amounts and the tim)s of such SCHEDULE

19 GEO. V.] Malvern War Memorial Fund. [No. 3618 SCHEDULE continued. advances and as to whether or not interest shall be payable by any beneficiary on the sum advanced to that beneficiary. (ii) That no person shall be deemed to be eligible as aforesaid unless an advance has previously been made or approved to that person under the said Act. (iii) That each sum so advanced shall be secured by a second mortgage upon the property in respect of which an advance has been made or approved as aforesaid. under the said Act and in respect of which a mortgage has been given by such, person to the War Service Homes Commissioner. (iv) That each such second mortgage shall be in such form, and contain such covenants and conditions as the trustees and the War Service Homes Commissioner shall from time to time prescribe or approve and that the first mortgage upon such property shall in each case be in favour of the War Service Homes Commissioner. (b) In so far as the trust fund will permit to relieve necessitous cases by making advances or gifts to dependants. jjf? 3. Tiie trustees shall have the following powers to be exercised from time to time at their discretion : (a) To give a good discharge of any mortgage so created or sum or sums so advanced whether such mortgage or sum has in fact been discharged by payment wholly or partly or remains totally unpaid and in the exercise of this power the trustees shall have absolute discretion as to the terms upon and the circumstances in which each such discharge shall be given and no person shall be concerned to inquire whether or not the money secured thereby has been repaid in whole or in part or at all. (6) To apply any part or parts of the trust fund in such manner as appears to the trustees in their absolute discretion to be best calculated to advance the objects of this trust including in particular the payment by way of loan or gift to any beneficiary assisted by the said trustees or the War Service Homes Commissioner of any sum which the trustees may think desirable to enable such person to complete the purchase of a home pursuant to any contract which such person may have entered into -with the said Commissioner for the purchase of the said home. (c) To accept payment of any sum or sums due or owing under second mortgages and subject to the terms of the said mortgages to sue upon foreclose sell and generally exercise all the powers conferred by any such mortgage or by law upon the said trustees. SCHEDULE

19 GEO. V.] Malvern War Memorial Fund. [No. 3618 SCHEDULE continued. 4. The trustees may in their absolute discretion accumulate the capital or income of the trust fund or any part thereof either by way of deposit with some bank carrying on business in the State of Victoria or in any of the forms of investment allowed by law to trustees and mav from time to time vary such investments for others of a like nature so often as they shall deem expedient without being liable for any depreciation of the said fund thereby. 5. In addition to the powers otherwise conferred upon them by this deed the trustees shall have the following special powers : (a) To open bank accounts and to operate thereon and to determine the method by which negotiable instruments are to be drawn made endorsed issued or negotiated. (b) To adopt by-laws and regulations as to the procedure at meetings, the conduct of meetings, the use and custody of the property of the trust the mode of allixing the common seal and generally as to such matters and things necessary or expedient to the administration of the trust generally. (c) To raise money by appealing for public subscriptions organizing efforts and generally as may be desirable and to accept donations of property. (d) To alter extend or repair any premises in respect of which assistance has been granted as hereinbefore provided and to discharge all rates and charges upon such land. (e) To set apart and retain from time to time such sum or sums as may be necessary or advisable for the present or future administration of the trust and expend such sums in such administration. 6. It shall be lawful for the trustees to appoint a secretary or clerk to assist them in the execution of the trusts of this deed and from time to time to change such secretary or clerk and out of the trust fund to pay him a reasonable salary and also to pay the costs of the preparation and execution of this deed and all other costs and expenses incidental to the creation or administration of the trusts hereby declared. 7. All questions as to the eligibility of any applicant or the question of whether any person is a dependant or any other question arising under this deed shall be finally decided by the trustees in their absolute discretion and they shall not be personally liable to pay any damages costs or expenses incurred by reason thereof or by their defending themselves against any action brought in any court against them. 8. In case the trustees shall not be unanimous upon any matter arising out of or in or about the trusts of this deed the decision of the majority shall bind the dissenting minority and the acts of the majority in the execution of the powers and trusts hereby given to and reposed in the trustees shall be as valid as if they had acted in such matter unanimously. IN WITNESS whereof the parties hereto have hereunto set their hands and seals the seventh day of December One thousand nine hundred and twenty-eight. SCHEDULE

120 19 GEO. V.] Malvern War Memorial Fund. [No. 3618 SCHEDULE continued. THE SCHEDULE HEREINBEFORE REFERRED TO : English Scottish and Australian Bank, Malvern, on current account Commonwealth Bonds 1930 6 per cent, (at par) Melbourne and Metropolitan Board of Works Bonds 1929 6 per cent, (at par) 5. d. 246 14 2 2,200 0 0 900 0, 0 3,346 14 2 Signed, sealed, and delivered by the said) x^^r.^ William Hector MacLennan, Hugh ( ^' "* ^^If N A N ' James Martin and Arthur Dean in ( J _r,i i 5 : _ the presence of ARTHUR DEAN. J. W. FENTON, Solicitor, Melbourne. L ' S - } r S '? (L.S.)