New South Wales: Presbyterian Church Property Management Amendment Act of 1894 58 Vic (NSW)

PRESBYTERIAN Crurcu Property MANAGEMENT AMENDMENT. Preamble. 58? VIC. 1894. Presbyterian Church Proper ty Management Amendment. An Act to amend the ' 'Presbyterian Chureh Property Management Act of 1881," and to declare certain n December, 1894. | v rortgages valid. [22nd IEREAS by an Act passed on the eighth day of November, one thousand cight hundred and cighty-one, in the forty-fifth ycar of the reign of ILer Majesty Queen Victoria, intituled "An Act to make better provisions for the m Presbyterian Church of New Sou anagement of the property of the th Wales, and to provide for the election and appointment of trustees in whom such property might be vested, and to make further provi provided that any real or personal and benefit of any congregation of sions in reference thereto," it was property held in trust for the use the Presbyterian Church of New South Wales or of any body of Presbyterians included in that church should be held under the provisions of the said Act, and that ev ery congregation under the spiritual superintendence of or in connection with the General Assembly of the Presbyterian Church of New South Wales might as occasion should re therein mentioned, and that on the uire clect trustees for the purposes > election of such trmstees and the publication in the New South Wales Government Gazetle of a memo- randum in writing, signed by the said General Assembly, setting fort foderator for the time being of the 1 the names in full of every person so elected, all the real and personal estate belonging to or held in trust for the church or congregation therein mentioned should from time to time vest in the trustees therein mentioned, together with the Moderator and Clerk of t ic said Gencral Assembly, and the minister for the time being lawfully appointed and recognised by any presbytery of the said church the ordained minister of any such congregation : said Act power was given to any consent of a majority of the congr and the said General Assembly as And whereas by the ody of the said trustees with the egation and with the concurrence of the General Assembly to sell any real or personal property vested in them: And whereas by the said Act it was provided that the proceeds of any property sold und er the provisions of the said Act should, subject to the approval of the said General Assembly, be applied by the trustees selling the s asa site for a church or minister's dw cHing-house or a school- for the use of the congregation for same in the purchase of other lands rouse which the lands so sold had been held in trust, and in "and towards the erection and maintaining a church or a minister's dwelling-hou site : extended so as to enable the said tr and to apply the moneys arising from the mortgage of the said And whereas it is desirable that the said powers shou se or a school-house upon the said d he ustees to mortgage the said lands, lands in and towards the erection or improvement of or addition to the church, minister's dwelling-house, or school-house upon the said and also to apply the moneys arisin said lands in erecting, improving, ands, ¢ from the sale or mortgage of-the or adding to the church, minister's dwelling-house, or school-house on other lands held by the said trustees in trust for the said congregation, where in the opinion of the said congregation and of the said General Assembly, such first-mentioned lands shall not be required for the in trust: And whereas mortgages by trustees with the consent of the purposes for which they were held have been executed and delivered respective congregations, and with the concurrence of the General Assembly of lands which such trustees had 1894. 58° VIC. Presbyterian Church Property Management Amendment. had power, as provided by the said Act, to sell with the consent and concurrence of such congregations and General Assembly respectively, and the said mortgages were so executed and delivered for better carrying out the purposes of the trusts upon which the lands so mortgaged were held, and it is thought proper that such mortgages should be valid and effectual for all purposes: And whereas it is also desirable to provide trustees to hold, manage, and deal with all real and personal property belonging to or held for or on behalf of the Presbyterian Church of New South Wales gencrally, and also all real and personal property conveyed, demised, devised or given to or in favour of the Presbyterian Church of New South Wales generally or to any presbytery, congregation, or committee connected with' the same church generaliy : And whereas it is also desirable to define more clearly the rights, powers, and duties of the said trustees, and otherwise to amend the said recited Act: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— From and after the passing of this Act it shall be lawful for the trustces of any land held by them in trust for any congregation under the spiritual superintendence of or in conncetion with the General Assembly of the Presbyterian Church of New South Wales, upon the sale by them under the provisions of the said recited Act, or undcr the provisions hereinafter contained of any lands held by them as aforesaid, when in the opinion of a majority of the said congregation obtained at a meeting held according to the rules and regulations of the said General Assembly, and also in the opinion of the said General Assembly it shall not be necessary or advisable to purchase other lands, to apply, with the consent of the said congregation obtained as afore- said, and with the approval of the said General Assembly, the proceeds arising from such sale in and towards the erection, improvement, or maintenance of a church, minister's dwelling-house, or school-house upon other lands vested in the said trustees in trust for the said congregation, or upon the unsold portion of any of the said first- mentioned lands. 2. Any body of trustees as aforesaid may, from time to time, with the consent of a a majority of the congregation obtained at a meeting held as aforesaid and with the concurrence of the said General Assembly, mortgage any real or personal property vested in them or auy part thercof upon "the best terms that can be obtained for the same, or sell the same as aforesaid subject to such mortgage, and in every such case of sale or mortgage to convey and assure the same accordingly, free from all the trusts upon which the same were held, and to give valid receipts for all moneys reccived by them, and such receipts shall absolutely dis- charge the purchaser or purchasers, mortgagee or mortgagces thereof, from the money payable by him or them respectively, and shall exon- erate him or them from seeing to the application of the said money and from all liability as to the mis-application or non-application thereof, and shall be conclusive evidence that such consent and con- currence to sell, convey, or mortgage as aforesaid shall have been given by the said congregation and the said General Assembly respectively, anything in the said recited Act to the contrary notwithstanding. 3. The said trustees shall stand possessed of all moneys arising from any and every mortgage as aforesaid wpon trust in the first place to pay and satisty' any existing mortgage or mortgages for the time being of any real or personal 'property "being mortgaged as aforesaid and as to the balance of the said moneys (if any) or in ease there is no such existing mortgage then as to the whole of the said moneys upon b trust Application of moneys arising from sale of lands held by trustees, Trustees may mortgage lands and sell lands subject to mortgage, Moneys arising from mortgage to be held on certain trusts, Validating mortgages executed before passing of this Act. Certain property to vest from time to time in certain persons holding office for or on behalf of the Presbyterian Church of New South Wales in the Presbyterian Church, and to be dealt with in conformity with express trusts and under the direction of the General Assembly. Short title. 08' VIC. 1894. Presbyterian | Chureh Property Management Amendment. trust to apply the same with the approval of the said Gencral Assembly in and towards the erection, improvement, or maintenance of any church, ministcr's dwelling-house, or school-house, upon any land so mortgaged as aforesaid, or upon any other land held by the said trustees in trust for the said congregation. 4, All mortgages which have been executed and delivered after the eighth day of November, one thousand eight hundred and eighty- one, and prior to the passing of this Act by the trustees, in each case with the consent of a majority of the congregation obtained at a meeting held according to the rules and regulations of the said General Assembly, and with the concurrence of the said General Assembly, of lands, whether freehold or leasehold, which such trustees had power to sell under section twelve of the " Presbyterian Church Property Manage- ment Act of 1881," are hereby declared to have been and to be valid and effectual in law. 5. After the passing of this Act ail property, real or personal, now held or which shall hereafter be held by any person or persons generally, other than property which is or shall he held in trust for the use and benefit of any congregation of the said church shall, without any further conveyance or trausfer, vest in the Moderator and Clerk for the time being of the said General Assembly, the Chairman for the time being of the treasurer ship committec of the said General Assembly, the Convener for the time being of the sustentation fund committee of the said General Assembly, and the Convener for the time being of the church property, law, and documents comiittee of the said General Assembly and their successors, And every donation, gift, and disposition of property, real or personal, heretofore lawfully made (but not having actually taken effect) or hereafter lawfully made by deed, will, or otherwise, to or in favour of the Presbyterian Church of New South Wales generally, or to any person for or on behalf of such church generally, or to any presbytery, congregation, or committee connected with the same church gencrally, other than donations, gifts, or dispositions of any property, heretofore or hereafter made to trustees for the use and benefit of any such presbytery, congregation, or committee, shall take effect as if the same had been made to or in favour of the said Moderator, Clerk, Chairman, and Conveners, and their successors: Provided that all property, real or personal, becoming vested in the said Moderator, Clerk, Chairman, and Conveners as aforesaid, or which shall otherwise be acquired by them shall, so far as the same is subjected to any express trust, be held, managed, and dealt with by the said Moderator, Clerk, Chairman, and Conveners, and their successors in conformity with such express trust, and shall, so far as the same is not subject to any express trust, be held, managed, and dealt with in such manner as the said General Assembly may from time to time direct, and such property shall be subject, as to the management thereof, to the rules and regulations of the. said General Assembly in force for the time being which are applicable thereto. 6. This Act may be cited as the " Presbyterian Church Property Management Amendment Act of 1894."