THE SIR MOSES MONTEFIORE JEWISH HOME ACT.

A n A c t t o i n c o r p o r a t e t h e m e m b e r s of t h e S i r M o s e s M o n t e f i o r e J e w i s h H o m e ; t o p r o m o t e t h e o b j e c t s t h e r e o f ; t o v e s t c e r t a i n l a n d s a n d o t h e r p r o p e r t y i n a B o d y C o r p o r a t e ; t o d e c l a r e t h e t r u s t s t h e r e o f a n d t o c o n f e r p o w e r s t h e r e o n ; a n d for o t h e r i n c i d e n t a l p u r p o s e s . [ A s s e n t e d t o , 5 t h A p r i l , 1 9 2 7 . ]

WH E R E A S by an I n d e n t u r e bea r ing date the fifteenth day of September , one thousand e ight

hund red a n d eighty-s ix , registered n u m b e r n ine ty-e ight , book t h r ee hund red and seventy-eight , made be tween H e n r y Solomon, David Mitchel l , The Honor ­able H e n r y E m a n u e l Cohen, George J u d a h Cohen, and M a r k Myers the re in described and designated Trus tees of t he first p a r t the said David Mitchel l and W i l l i a m Mears there in described of the second par t and the several persons whose names and seals were or should be from t ime to t ime subscribed and affixed t h e r e t o of t h e th i rd p a r t The said part ies of t he first second, and th i rd par ts each for himself severally and respect ively and for his several and respective heirs execu tors and adminis t ra tors did the reby covenant promise and declare wi th and to t he others and other of t h e m and each and every of the i r heirs executors admin i s t ra to r s a n d assigns jo int ly a n d severally in m a n n e r following (inter alia) t h a t the several par t ies there to should become and be associated together and cons t i tu te and form a Society unde r t h e n a m e or style of " The Sir Moses Montefiore Jewish H o m e " and tha t t h e objects a n d purposes of t h e Society should be the erect ing and bu i ld ing of a Messuage or House as a, H o m e for t h e shelter , suppor t and relief of aged., infirm a n d des t i tu te persons of the J ewi sh Fa i th ,

t he

the purchase of o ther land for t he l ike purpose or the purchase of any t e n e m e n t or premises for t h e shel ter and suppor t of any such persons as aforesaid and the relief of any such persons as aforesaid by admission to t he H o m e donations pensions and loans and such Home should he carried on and suppor ted by vo lun ta ry subscr ipt ions and donat ions And t h a t t h e said H e n r y Solomon, David Mitchel l , H e n r y E m a n u e l Cohen, George J u d a h Cohen, and M a r k Myers be and they were thereby appointed the Trustees of the said Society and t h a t cer ta in land s i tua te on the west side of Dowling-s t ree t in t he City of Sydney described in a n I n d e n t u r e of Conveyance bea r ing date t he twen t i e th day of N o v e m b e r one thousand e ight h u n d r e d and e ighty-s ix made be tween Alban Joseph Riley the re in descr ibed of the one pa r t and the said Trustees of t he o ther pa r t should as a t the da te of t h e now rec i t ing I n d e n t u r e s tand in t he names of t he said Trustees and t h a t they should s tand seized of the same upon t ru s t for the objects and purposes of t he said Society and should convey or assure t h e same as the Board of M a n a g e m e n t should in wr i t ing from t ime to t ime direct or appoin t A n d whereas a messuage or house was erected and bui l t upon the said land s i tua te in Dowl ing-s t ree t aforesaid and was used as a H o m e by the said Society A n d whereas the said land s i tua te in Dowling-s t reet aforesaid wi th the messuage or house erected thereon was sold by the Board of M a n a g e m e n t of the said Society for the t i m e be ing and duly conveyed by the t h e n Trus tees of t h e said Society And whereas cer ta in o ther land in t he Munic ipa l i ty of Wool lahra more par t i cu la r ly described in t he Schedule here to toge the r wi th a bu i ld ing thereon was purchased by the Board of M a n a g e m e n t for t he t i m e being of t he said Society for the purpose of t he said Society and conveyed to t he presen t Trustees of t h e said Society And whereas by the u n a n i m o u s voice of a combined m e e t i n g of members of a Society k n o w n as t he Sydney H e b r e w Ph i l an th rop ic and O r p h a n Society and of member s of t he Sir Moses Montefiore Jewish H o m e the said two ins t i tu t ions became amalgamated on the twen t i e th day of M a y one thousand e ight hund red a n d e igh ty-n ine A n d whereas u n d e r t h e t e rms of A m a l g a m a t i o n it was s t ipula ted t ha t t h e n a m e of The

Sydney

Sydney H e b r e w Ph i l an th rop ic and O r p h a n Society should be preserved and the a m a l g a m a t e d Societies have; s ince t h e n been k n o w n as The Sir Moses Montefiore J e w i s h H o m e wi th which is incorporated the Sydney H e b r e w Ph i l an th rop ic Society A n d whereas wi th t h e increase of popula t ion since the i r ama lgama t ion en ta i l i ng m u c h la rger scope for char i table act iv i ty it m a y now or in future be desirable to separate t h e m and t h a t each again m a y act in i ts own char i tab le sphere a n d whereas doubts have arisen as to whe the r these ama lgama ted Societies can be separated A n d whereas doubts have also arisen as to w h e t h e r t he said Societies have power jo in t ly or severally to join a m a l g a m a t e wi th or form a cons t i tuen t pa r t of or become a member of a Federa t ion U n ion or Organisa t ion of Jewish Chari t ies A n d whereas doubts have also arisen as to t h e t rue i n t e n t and m e a n i n g of cer ta in provisions in t h e hereinbefore recited I n d e n t u r e of t he fifteenth day of Sep tember one thousand e ight h u n d r e d and eighty-six A n d whereas no power is conta ined in t h e said I n d e n t u r e to a l ter any of i ts provisions A n d whereas it is expedient to remove such doubts and to remodel and declare t h e t rus t s expressed and implied in the said I n d e n t u r e of t h e fifteenth day of Sep tember one t housand e ight hund red and e ighty-s ix in respect of all t he real and personal p roper ty both present and fu tu re of or to which the said Society is shal l or may be ent i t led and to vest the same in a Body Corporate And whereas t he present Trus tees of t he said Society in w h o m t h e said land as more par t icular ly de­scribed in t he Schedule here to is legally vested are George J u d a h Cohen, Leopold Wolfe Cohen, Louis Morris Phi l l ips , E r n e s t R a l p h Cohen, and Bernard David R o t h h u r y : Be i t therefore enacted by the K ing ' s Most Exce l len t Majes ty , by and wi th t h e advice and consent of t h e Legis la t ive Council and Legis la t ive Assembly of N e w South Wales in Pa r l i amen t assembled, and by the au tho r i t y of the same, as follows :—

1 . I n th is Act , unless t he con tex t or subjec t -mat te r otherwise requi res ,—

" B o a r d of M a n a g e m e n t " means the persons who for t he t ime being cons t i tu te t h e Board of M a n a g e m e n t of t he Body Corporate.

" Body

' ' B o d y C o r p o r a t e " means the Body Corporate cons t i tu ted by this Ac t .

" Member s " i n c l u d e — (a) all persons of t h e Jewish F a i t h w ho a t

the da te of t he passing of this A c t are en t i t l ed accord ing to t he Cons t i tu t ion and Ru les of t h e Society to vote a t Genera l Mee t ings of t h e Soc ie ty ;

(b) all persons of t he J ewi sh l^aith w ho a re ent i t led according to t h e Ru le s for the t ime be ing in exis tence of t h e Body Corporate to vote a t Genera l Meet ings of t he Body Corporate or who are o therwise according to such Ru les members of t h e Body Corpora te .

" Society " means all persons who a t t he date of t he passing of this A c t are m e m b e r s of and cons t i tu te t h e body k n o w n as The Sir Moses Montefiore Jewish H o m e wi th which is incorporated the Sydney H e b r e w Ph i l an th rop i c and Orphan Society, whose objects a re more par t i cu la r ly defined in subsect ion (c) of section live of th is Ac t .

2 . F r o m and after t h e pass ing of th is Ac t t h e m e m b e r s of t he Society shall be and t hey are he reby cons t i tu ted a Body Corporate by the n a m e of " The Sir Moses Montefiore J e w i s h H o m e " and by t h a t n a m e shal l have pe rpe tua l succession and a Common Seal a n d may en te r in to contracts a n d sue a n d be sued a n d proceed and be proceeded agains t in all cour t s .

3 . (a) The land described in t he Schedule he reunder wr i t t en is he reby vested in t he Body Corporate in fee s imple subjec t to any Mor tgages Liens and E n c u m ­brances (if any) exis t ing the reon at t he da te of t h e pass ing of th is A c t and subject the re to t he said l and shall be held by t h e Body Corporate freed and dis­charged from any and all t ru s t s affecting t h e same b u t upon a char i table t r u s t for t he objects of t h e Body Corpora te as specified in section five of th is Ac t . If however it becomes imprac t icab le to give effect to t h e said objects t h e said land or t h e inves tmen t s for t h e t i m e be ing represen t ing t h e same shal l be held upon t r u s t for such cha r i t ab le objects and subject to such

powers

powers of sale and disposition as t he member s of t he Body Corporate shall de te rmine by resolut ion in m a n n e r prescribed in section twen ty - th ree of th is Act .

(b) The Regis t ra r -Genera l is hereby directed and empowered to m a k e every such e n t r y cancel lat ion and correct ion on t h e said Certificate of Ti t le and in t he Reg i s t e r as shall or m a y be necessary to regis ter t h e Body Corporate as t he Registered Propr ie tor of t he said land and to issue in t he n a m e of the Body Corporate t h e said Certificate of Ti t le or a new Certificate of Ti t le to t h e said land free from all t rus t s cavea ts and o ther notifications.

(c) Al l o the r rea l a n d personal es ta te wh ich a t t h e da te of t h e pass ing of th is A c t is vested in and held by any person in t rus t for and on behalf of the Society-Is hereby t ransferred to and vested in t he Body Corpora te subject to any t rus t s affecting t he same.

4 . The Body Corporate m a y — (a) t ake purchase acqui re hold and enjoy in fee-

s imple or for any less es ta te lands wi th or wi thou t bui ld ings thereon.

(b) t ake purchase acqui re and receive hold and enjoy a n y chat te l s and personal p roper ty and

(c) upon such t e rms and condit ions as to i t m a y seem fit sell g r a n t convey demise and otherwise dispose of e i ther absolute ly or by way of m o r t g a g e or cha rge or otherwise howsoever any of the real and personal proper ty be long ing or which may belong to t he Body Corporate inc lud ing the whole or a n y par t of t he land described in t h e said Schedule he reunde r wr i t t en Provided a lways t h a t t h e land comprised in t he said Schedule shall no t ne i ther shal l a n y par t thereof be sold or mor tgaged or cha rged or leased a t any one t ime for a t e r m exceeding five years w i t h o u t t he au tho r i t y of t h e m e m b e r s first had and obtained which au thor i ty shal l be evidenced by Resolut ion in m a n n e r pre­scribed in section twen ty - th r ee of th is A c t P r o ­vided always t h a t t h e Board of M a n a g e m e n t m a y from t ime to t i m e wi thou t such au tho r i t y borrow upon the Secur i ty of any lands be long ing to t h e Body Corpora te by way of m o r t g a g e charge or encum­brance or by deposit of t i t l e deeds such s u m and sums of money as t he Board of M a n a g e m e n t may t h i n k

necessary

necessary for any of the objects or purposes of t he Body Corporate Provided fu r the r t h a t if the said land or a n y par t thereof be a l ienated by the Body Corporate t h e t rus t s declared by section live of th i s A c t shall a t t a c h to wha tever is received by t h e Body Corporate by w a y of consideration or in exchange Provided also t h a t if such considerat ion or a n y par t thereof consists of money t h e n pend ing the appl icat ion of same in providing and ma in t a in ing a H o m e for the purposes ment ioned in subsect ion (a) of section five of th i s A c t such money shall be invested in m a n n e r prescribed by subsect ion (f) of section e ight of th is Act and the n e t t income derived theref rom shal l be applied in and towards all or a n y of t he objects set for th in subsect ions (a) (b) and (c) of t he said section live.

5 . The objects of the Body Corporate as set for th in this section shal l no t be a l tered and such objects shal l be :—

(a) To provide and ma in t a in a H o m e for t h e shel ter suppor t and relief p e r m a n e n t as well as t empora ry of aged or infirm or des t i tu te persons of both sexes of t he J ewi sh F a i t h .

(b) To provide elsewhere t h a n in the H o m e to be provided and main ta ined as ment ioned in subclause (a) hereof for the shel ter suppor t and relief p e r m a n e n t as well as t empora ry of aged or infirm or des t i tu te persons of bo th sexes of t h e Jewish F a i t h .

(c) And as referr ing more par t i cu la r ly to t he objects of t h e ama lgama ted Sydney H e b r e w P h i l a n ­thropic and O r p h a n Society to g r a n t relief to any persons of the J e w i s h F a i t h by m o n e t a r y p a y m e n t s to any such persons ci ther by way of gift or upon loan or by guaran tee ing the r epaymen t of any moneys borrowed from any person Society or I n s t i t u t i on by any such person or persons or by gift or loan of goods or by gifts of c lo th ing .

6 . N o purchaser , mor tgagee , lessee, or other person or t he Reg is t ra r -Genera l upon a n y sale, e x c h a n g e , m o r t g a g e , lease or o ther deal ing pu rpor t ing to be m a d e under the powers g ran ted by or u n d e r th is Act shall be concerned to see or inqu i re in to t he necessity or p ropr ie ty thereof or t he mode of exercis ing the same no r be affected by notice t ha t t h e exercise of t he power

is

is unauthor i sed i r regular or improper nor he concerned to see to t h e appl icat ion or disposition of a n y pu rchase mor tgage or o ther money or moneys .

7 . The receipt of the Treasurer for t he t ime being of the Body Corporate counters igned by t h e Secretary for t h e t ime be ing or by such o ther person as t h e Board of M a n a g e m e n t m a y from t ime to t ime appoin t for any and all moneys payable to t he Body Corporate shal l be a good and valid discharge therefor exonera t ing t he person pay ing such moneys from seeing to t he applica­t ion thereof or be ing concerned as to t he non-appl ica t ion or misappl icat ion thereof wi thou t any proof t h a t t h e person s igning and counte rs ign ing such receipt is such Treasurer Secretary or o ther person.

8 . I f a t any t ime any land or any par t or pa r t s thereof o ther t han t h a t ment ioned in the said Schedule are a l ienated leased mor tgaged or charged the ne t proceeds of such a l ienat ion lease m o r t g a g e or cha rge or t h e ne t income derived from a n y inves tmen t thereof shal l be applied in one or more of t he ways fol lowing, t h a t is to say :—

(a) I n t h e purchase of an es ta te in fee-simple in a n y lands in the said S ta te for t he purposes of t he Body Corpora te .

(b) I n ma in t a in ing in a proper a n d sufficient s ta te of repair and i n su r ing any bui ld ings and improve­m e n t s of or be longing to t h e Body Corporate .

(c) I n t h e erect ion of bui ld ings and other improvemen t s of a p e r m a n e n t n a t u r e upon a n y lands be longing to t h e Body Corporate .

(d) I n l iquidat ion of a n y mor tgage e n c u m b r a n c e or l iabili ty on or in respect of any par t of any of such lands bui ldings and improvements .

(e) I n ca r ry ing in to effect any of t h e objects or purposes of t he Body Corporate.

(f) P e n d i n g applicat ion of such ne t proceeds for any or e i ther of t he foregoing purposes the same shall be invested in or upon mor tgage of real es ta te in t he S ta te of New Sou th Wales or in upon G o v e r n m e n t (Federa l as well as State) Munic ipa l or Shire Securit ies or on deposit fixed or otherwise in any B a n k car ry ing on business in t he said Sta te .

9 .

9 . The Board of M a n a g e m e n t shall consist of a president , honorary t reasurer , honorary secretary, and no t more t h a n ten commi t t eemen (male or female) be ing members of t he Jewish F a i t h .

1 0 . A genera l m e e t i n g of m e m b e r s of the Sir Moses Montefiore J ewi sh H o m e shal l be held in t h e m o n t h of F e b r u a r y of each year .

1 1 . The members of t h e Board of M a n a g e m e n t in office a t t h e da te of t h e pass ing of th is A c t shall cons t i tu te t h e first Board of M a n a g e m e n t of the Body Corporate and shal l hold office un t i l the first Genera l M e e t i n g of t he Body Corporate and a t such Genera l M e e t i n g and thereaf ter a t each a n n u a l Genera l M e e t i n g the Board of M a n a g e m e n t shal l re t i re from office and a new Board of M a n a g e m e n t shal l be elected a t such a n n u a l Genera l Meet ing a n d in t h e even t of no such a p p o i n t m e n t be ing made the m e m b e r s of the Board of M a n a g e m e n t t hen in office shall con t inue to hold such office u n t i l the i r successors are appoin ted . A r e t i r i ng m e m b e r shall be eligible for re-election.

1 2 . I f a vacancy occur in the office of a m e m b e r of t he Board of M a n a g e m e n t be tween two a n n u a l Genera l Meet ings the r ema in ing member s of the Board of M a n a g e m e n t m a y a t a duly cons t i tu ted mee t ing of t h e said Board of M a n a g e m e n t elect in such m a n n e r as t h e y shall t h i n k fit a person qualified to be a m e m b e r thereof to fill t he vacancy.

1 3 . A documen t p u r p o r t i n g to be a copy of a n y Resolut ion of t h e Body Corporate or of t he Board of M a n a g e m e n t , as t he case m a y be, au thor i s ing a n y sale exchange mor tgage lease or o the r dea l ing and t h e appo in tmen t of any person or persons to carry out a n d receive moneys in respect of such sale e x c h a n g e m o r t g a g e lease or o ther deal ing certified u n d e r t h e h a n d of t h e Pres iden t of the Board of M a n a g e m e n t and two member s thereof for t h e t ime being shal l be p r ima facie evidence in favour of all persons pu rchas ing advanc ing moneys leas ing or otherwise acqu i r ing or possessing any estate or in te res t in t h e proper ty t h e r e i n referred to a n d shal l be conclusive evidence t h a t such Resolut ions were duly passed w i t h o u t t he necessity of p rov ing t h a t the signatories to such documents were such Pres ident and m e m b e r s .

1 4 .

1 4 . The Body Corporate m a y from t i m e to t ime and a t any t ime as to all or any one or more of i t s objects as defined in and by section five upon and subject to such t e rms a n d condit ions as t he Body Corporate m a y by Resolu t ion de te rmine and especially subject to t h e re ten t ion by t h e Body Corporate of any gift beques t or e n d o w m e n t which has been is now and m a y be a t any t ime hereaf ter given or bequea thed to t he Sir Moses Montefiore J e w i s h H o m e join a m a l g a m a t e w i t h or form a cons t i tuen t p a r t of or become a member of a n y federat ion u n i o n society or organisa t ion of any Jewish Chari t ies w h e t h e r or no t hav ing objects s imilar in all or any respects to all or a n y of the objects of the Body Corporate a n d wi thou t in any way l imi t ing abr idg ing or pre judic ing the general i ty of the foregoing in pa r t i cu la r an Organisa t ion to be called " The Fede ra t ion of Jewish Societies of S y d n e y " A n d upon the exercise b y t h e Body Corporate of a n y of the powers here in conferred by th is section i t m a y admi t as members of t he Body Corporate persons who are member s of or subscr ibers to a n y federat ion union society or organisa­t ion aforesaid subject or n o t subject to t h e p a y m e n t to t h e Body Corporate of any s u m of money w h e t h e r by way of donation subscr ip t ion gift or otherwise .

1 5 . (a) The Body Corpora te m a y by Reso lu t ion passed by a two- th i rds major i ty present a t a m e e t i n g of t h e members of the Body Corporate separa te or divide t h e objects ment ioned in section five of th i s A c t t h e one re la t ing to those ment ioned in subsections (a) and (b) of t h a t section and the o ther r e l a t ing to t h a t ment ioned in subsect ion (c) of t he same section and the Body Corporate m a y pu r sue t he objects ment ioned in t he said subsect ion (a) a n d (b) separate ly and apa r t f rom t h a t men t ioned in t h e said subsect ion (c) .

(b) I f a n d whenever t h e said objects are separated or divided as aforesaid al l moneys w h e t h e r invested or no t be longing to t he Body Corpora te or to which i t is or may be in anywise ent i t led shal l by v i r tue of th i s A c t be vested in t h e Body Corporate for t h e sole purposes of subsect ion (a) and (b) of section five of th is A c t unless t h e Body Corporate by resolut ion de termines to al locate a n y p a r t or par t s thereof for the purposes of subsect ion (c) of t h e said section five or unless any

real

real or personal es ta te shall h a r e been or m a y be specifically given or bequea thed to t he said Sydney Hebrew Ph i l an th rop i c and O r p h a n Society.

(c) If and whenever t h e said objects are separated or divided the said Sydney H e b r e w P h i l a n ­th rop ic and O r p h a n Society may under t ha t dis t inct des ignat ion af ter i ts separat ion from the Body Corporate jo in or a m a l g a m a t e wi th any other Jewish Society or Societies of similar objects to it and m a y also unde r i ts dist inct des ignat ion upon and subject to such t e r m s and condit ions as t he Board of M a n a g e m e n t of the Body Corporate may de te rmine and subject to t he provisions in section four teen and subsect ion (b) of th is section form a cons t i tuen t pa r t of or become a member of a Federa t ion Un ion Society or Organisat ion of any Jewish Chari t ies whe the r or not hav ing objects s imilar in all or any respects to all or any of t he objects of t h e Body Corpora te .

1 6 . The Regu la t ions and By-laws of the Society as exis t ing at the da te of the passing of th is A c t shall subject to t h e provisions of th is Act be the Regu la t ions and By- laws of t h e Body Corporate un t i l t h e same shall be a l te red in accordance wi th t he provisions of th is Act .

1 7 . The Board of M a n a g e m e n t may from t ime to t ime wi th the approval of t h e Body Corporate a l t e r or repeal all or any Rules and may m a k e new R u l e s no t only for t he objects of t h e Body Corporate as a whole b u t also for those objects if and when the same are separated or divided in to two separate and dis t inct objects as provided by section fifteen of th i s A c t and in par t icu la r and w i t h o u t res t r ic t ing t h e general i ty of th is provision m a y m a k e R u l e s —

(a) for r egu la t i ng t he t imes and modes of cal l ing Mee t ings and for r egu la t ing t h e t ransac t ion of business a t M e e t i n g s ;

(h) for the exercise by the Body Corporate of all or any of i ts p o w e r s ;

(c) for the appl icat ion or inves tmen t of its funds ; (d) for the a p p o i n t m e n t by elect ion or otherwise

of officers to m a n a g e all or any of t he affairs of t he Body Corporate and for t h e r e t i r emen t or removal of such officers ;

(e)

(e) for t h e admission or qualification of persons as members of t he Body C o r p o r a t e ;

(f) for fixing- t he votes of t he m e m b e r s of the Body Corpora te ;

(g) for t h e a p p o i n t m e n t of staff and s e r v a n t s ; (h) genera l ly for t h e suppor t m a n a g e m e n t and

government of t he Body Corporate and of all officers servants and o ther persons employed by the Body Corporate .

1 8 . The Pres ident or C h a i r m a n for t he t ime be ing and the Secre tary or Treasurer for the t ime being of t he Board of M a n a g e m e n t m a y from t ime to t ime on behalf of t h e Body Corporate jo in t ly gua ran tee t he p a y m e n t of any moneys borrowed or abou t to be borrowed by a n y persons in accordance wi th t he provisions of subsect ion (c) of section five of this Act .

1 9 . A n y person who a t the date of the passing of this Ac t is a Life Governor of The Sir Moses Montefiore J ewi sh H o m e shall be a Life Governor of the Body Corporate a n d be ent i t led to vote a t any Genera l M e e t i n g and to be elected as a member of t he Board of M a n a g e m e n t . Eve ry donor of the s u m of fifty pounds or more given in one s u m m a y be appointed a Life Governor . A n y person who shal l confer any signal benefit, on t he Sir Moses Montefiore J ewi sh H o m e irrespective of a donat ion m a y be appointed a Life Governor of the Body Corporate .

2 0 . The Board of M a n a g e m e n t shal l cause t rue accounts to be k e p t of all t he Real and Personal p roper ty of t he Body Corporate and of t h e receipts d isbursements credits and liabili t ies thereof and the Board shall lay before t he members of t h e Body Corporate present a t t he A n n u a l Genera l Mee t ing thereof a s t a t emen t of the income and expendi tu re from t h e first day of J a n u a r y to t he thir ty-f i rs t day of December of t h e preceding year . The accounts of t h e Body Corporate shal l be examined and the correctness of t h e Balance Sheet ascer ta ined by two Audi to r s to be appoin ted by the Body Corporate a t t he A n n u a l General M e e t i n g or fail ing such a p p o i n t m e n t to be appoin ted by the Board of M a n a g e m e n t .

2 1 .

2 1 . N o ques t ion shal l he decided a t any mee t ing of t he Board of M a n a g e m e n t unless six members a t t he least shall be presen t a t t he t i m e of such decision, and no quest ion shall be decided a t a n y Genera l Mee t ing of m e m b e r s of t he Body Corporate unless fifteen member s shal l be present a t t he t ime of such decision.

22 . N o t h i n g in th is A c t conta ined or t h a t m a y be done unde r , th is A c t shall be deemed prejudicial ly to affect or to depr ive any person of any r i g h t whatsoever which he now has ar i s ing out of con t rac t or tor t and a n y such r igh t which m a y a t the t ime of passing of th is Ac t have been enforceable against t he Trustees of t he un incorpora ted Sir Moses Montefiore J ewi sh H o m e in the i r capaci ty as such Trus tees m a y be enforced in l ike m a n n e r aga ins t t he Body Corporate .

23 . I f any of t he objects specified in section five of th i s A c t shall fail or if from insufficiency of funds or from any other cause it shall a t any t i m e hereaf ter be found t h a t t h e Body Corporate canno t be proper ly worked and carr ied on according to t h e t rue i n t en t and m e a n i n g of th i s A c t i t shal l be lawful for a Special Genera l M e e t i n g of t he Body Corporate called for t he purpose of t a k i n g into considerat ion t he propriety of wind ing u p t h e affairs thereof to pass a Resolut ion to t h a t effect and t h e m a n n e r in which t h e n e t proceeds shall be applied b u t such Resolution shal l h a v e no force or effect un t i l confirmed by the votes of three- four ths of t h e members present a t ano ther Special Genera l Mee t ing to be held not la te r t h a n one ca lendar m o n t h after t he previous M e e t i n g .

2 4 . I f it shall be resolved according to t he preceding section of th is A c t to wind u p the affairs of t he Body Corporate then t h e Body Corporate shall be dissolved a n d the whole of t h e R e a l and Persona l es ta te be long ing the re to shal l be sold by pub l i c auc t ion tender or p r iva te cont rac t and t h e proceeds thereof shal l be appl ied in and towards t he p a y m e n t of all costs charges and expenses of and inc identa l to such sale a n d wind ing-up and in p a y m e n t of all l iabilities of t h e Body Corporate a n d t h e ne t proceeds shall be deal t w i th in such m a n n e r as shal l be de te rmined b y Reso lu t ion passed in t e rms of t h e p reced ing section of th i s Ac t .

2 5 .

2 5 . The Board of M a n a g e m e n t Trus tees and other officers of t h e Body Corporate shall he indemnified and saved harmless out of t he funds of t he Body Corporate from and aga ins t all loss costs charges damages a n d expenses which may be incur red or sustained for or on account of t h e Body Corporate or in conse­quence of any ac t m a t t e r or t h i n g which m a y be done in ca r ry ing into effect t he objects and purposes of t he Body Corporate or in or abou t any proceeding or a rb i t ra t ion to be b rough t commenced defended or entered into on accoun t or by direct ion of t he Board of M a n a g e m e n t or otherwise in or about t h e execut ion of the i r respect ive offices or t rus t s except such costs charges losses damages or expenses as shall happen by or t h r o u g h the wilful neglec t of any m e m b e r of such Board of M a n a g e m e n t or t h e Trus tees or o ther officers respect ively.

2 6 . The members of the Board of M a n a g e m e n t for t he t ime be ing of the Body Corporate shall be charged and chargeable only for so m u c h money as t hey a n d each of t h e m respectively shall ac tua l ly receive a n d shal l no t be answerable or accountable for t h e receipt by t h e others or o ther of t h e m nor for jo in ing in any receipt for t he sake of conformity b u t each only for his own acts and defaul ts Provided t h a t no Trus tee or M e m b e r of t h e Board of M a n a g e m e n t shall be responsible for a n y loss which may arise from a fai lure to insure t h e bui ld ings belonging to the Body Corporate or to keep any insurance on foot.

2 7 . This A c t may be cited as " T h e Sir Moses Montef iore Jewish H o m e Act , 1927 ."

S C H E D U L E . A L L t h a t piece or parcel of land s i tuate a t the comer of Old South H e a d road and Victoria-road, Bellevue Hi l l , in the Par i sh of A lexand r i a , County of Cumber land , and S ta t e of N e w South Wales , being the whole of the land comprised in Certificate of Tit le registered Volume 3,390 Folio 174.

T H E