Page:Rhodes Will (Groote Schuur Devolution) Act 1910.pdf/3

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called the Groote Schuur Estates) upon being released from their trust in that behalf under the said Will and on being indemnified in manner hereinafter appearing:

And whereas during his lifetime the testator granted certain tenancies, servitudes, rights, privileges, and concessions, in respect of certain portions of the Groote Schuur Estates, more particularly specified in the Second Schedule to this Act:

And whereas the trustees acting in accordance with the known wishes of the testator have preserved and, in certain cases, have extended such servitudes and privileges;

And whereas the trustees are prepared (subject to the deductions hereinafter mentioned), to pay to the Union Government the sum of twenty-five thousand pounds (being ample and sufficient to yield the clear annual income of one thousand pounds) to be applied and expended by the Union Government in manner provided by the Clause 14 of the said Will and by this Act;

And whereas it is expedient that the said surrender and transfer should be effected, the said payments made, and the said release granted, and that all the said existing tenancies, servitudes, rights, privileges, and concessions shall remain unimpaired and of full force and effect notwithstanding the transfer of the Groote Schuur Estates to the Union Government;

Be it enacted by the King's Most Excellent Majesty, the Senate, and the House of Assembly of the Union of South Africa as follows:—

1. (1) From the commencement of this Act the Groote Schuur Estates (comprising the properties specified in the First Schedule thereto; together with all furniture, plate, and other articles belonging to the said Estate shall be transferred to the Union Government and shall vest in the Governor-General, subject to the conditions and directions contained in Clauses 13 and 15 of the Will of the testator, hereinbefore recited, and as if the Union Government were the Federal Government mentioned or referred to in those clauses.

(2) The trustees shall hand over to the Union Government all documents of title in their possession or control of or relating to the Groote Schuur Estates or any part thereof, and the Registrar of Deeds of the Province of the Cape of Good Hope shall endorse thereon, and on the counterparts thereof in his office, memoranda denoting the transfer of the property specified therein to the said Union Government.

(3) If at any time hereafter it be discovered that any property described in Clause 13 of the Will of the testator has been omitted from the First Schedule to this Act such property shall, notwithstanding the omission, be transferred to and shall vest in the Governor-General as if it had been included in the said Schedule.

(4) No transfer duty, stamp duty, or any registration fees or charges shall be payable in respect of any transfer or vesting under this section.

2. The Groote Schuur Estates shall be held and enjoyed by the Union Government subject to and under reservation of the tenancies, servitudes, rights, privileges and concessions (whether created by parole grant or otherwise) affecting those estates and more particularly specified in the Second Schedule to this Act, and to no others.

3. At the commencement of this Act the trustees shall pay to the Union Government the sum of twenty-five thousand pounds sterling in lieu of the annual sum of one thousand pounds sterling, provided for in Clause 14 of the Will of the testator, and thereupon the Union Government shall provide for, in the Estimates of Expenditure annually submitted to Parliament, and shall expend annually a sum of not less than one thousand pounds sterling upon the services specified in the said Clause 14; provided that the trustees may deduct from the said sum of twenty-five thousand pounds the sum of two thousand three hundred pounds, nine shillings and twopence being the amount expended by them since the thirty-first day of May 1910 upon the upkeep of the said Estates.

4. The trustees shall be absolutely released and discharged from the obligation to perform, or to see to the performance of, the conditions and trusts contained in Clauses 13, 14, and 15 of the Will of the testator and shall be indemnified against all claims, demands, actions, and proceedings on the part of any person or persons in respect of or concerning anything done or suffered by the trustees in or in connection with the performance or execution of the conditions and trusts aforesaid or any of them.