Church of England, trustees (1838) (WA)

WESTERN AUSTRALIA.

ANNO PRIMO,

VICTORIA] REGThiE.

No. I.

An Act to provide for the Appointment of

Trustees Of Church Property.

HEREAS certain Donations and Subscriptions have been given, Preamble,

WFunds; for erecting Churches in this Colony, and it is expedientor proposed to be given, by several Individuals, in aid of the

to provide Trustees for the custody and management of such Funds, and for the care and superintendence of such Buildings as may be constructed therewith, as well as for the general control ofany Church Property which may be committed to their care ; and whereas the REV. JOHN BURDETT WITTENOOM, Clerk, the Honorable FREDERIC GRIDLEY IRWIN, the Honorable PETER BROWN, the Honorable JOHN SEPTIMUS ROE, the Honorable GEORGE FLETCHER MOORE, GEORGE LEAKE, Esquire, MARSHALL MACDERMOTT, Esquire, and HENRY WILLEY REVELEr, yuals tid .ir ot app?inic

Esquire, have been proposed as fit and proper persons to exercise the said Tg	i.	lnd sp:tsy
Trusts ;—Be it therefore enacted, that the said Individuals before- mentioned shall be, and they are hereby constituted, Trustees of all such
Church Property for the purposes of this Act.

II. AND be it further enacted, that the right of property in all tat odhuriop.ertsr,.

lands assigned over to such Trustees for Church purposes, as well as in ' `1",

Aimo rimo, Victoria No: 1.

all Burial Grounds, Churches, and Church Sites so assigned, and in all Churches and other Buildings erected or to be erected thereon, and in all Donations, Subscriptions, and other Funds destined for the erection and maintenance of such Churches and other Bnildings, and in all Furniture, Fittings and Materials in any way used for, connected with, or belonging

vested in the Trustees. to the same, shall be vested in the Trustees of Church Property for the time being, under such reservations, restrictions and stipulations as may have been imposed by the Grantees or Subscribers as conditions of their respective Grants or Subscriptions.

III. AND be it further enacted, that itshall be lawful for the said

Trustees to associate

Members in Districts.

Trustees to associate to themselves one or more Member or Members in

any District, as occasion may require, for the purpose of carrying this Act .

into execution in such District, on obtaining the sanction of the Governor

in Executive Council to the nomination of such Member or Members as

may be recommended by such Trustees ; provided that the powers of such

Member or Members shall be strictly limited to the affairs of the District

for which he or they shall have been so nominated.

How vacancies to be

IV. AND be it further enacted, that, in the event of the number of Trustees being at any time reduced, by death, resignation, absence, or otherwise, below the number of six, or in the event of any vacancies so occurring among the associated Members for Districts, it shall be lawful for the said Trustees to fill up the vacancies in the like manner to the ex- tent of the original number, as provided for in the preceding Clause.

filled up.

V. AND be it further enacted, that it shall be lawful for the said

T	rdstees to appoint ne-
cesary officers. Trustees, or a majority of them, to appoint from time to time Clerks,

Surveyors, Treasurers, and other necessary Officers, and to make all re-

quisite contracts or engagements for the construction, preservation or.

repair of Churches, or other- Buildings connected therewith.

Trustees to regulate VI. AND be it further enacted, that it shall be lawful for the said Pews, &c. Trustees to regulate and dispose of either by lease, auction, sale, or any

other manner which may be deemed advisable, al! Pews and Sittings in such Churches, and tomake all necesa•y arrangements for the public con- venience and accommodation therein.

Clerk to keep a Book for

entering Minutes of Pro-VII. AND be it further enacted, that the said Trustees shall direct

ceedings and Accounts, their Clerk, or other Officer, to keep a Book or Books, in which shall be &c. entered Minutes of all their Proceedings and Transactions, and an Ac-

count of Receipts and DisburseMents, and the general state of the funds- in their charge ; and such Book or Books shall at all reasonable times be open to the inspection of the Public, without fee or reward.

Trustees to sue and be

:mod in the name of	VIII. AND be it further enacted, that it shall be lawful for the Trustees under this Act to sue or be sued in the name of their Clerk, Treasurer, or other Officer for the time being; and no Proceedings by or
Public Officer.

Arno VictoSe Regina,No 1.

against the said Trustees shall abate by reason of the death or removal of such Clerk, Treasurer, or other Officer ; and that in any Proceedings, Civil, Criminal, or otherwise, by or against any of the Trustees under this Act, he or they shall be sufficiently described as a Trustee or Trustees appointed by virtue of this Act.

IX.     AND be it further enacted, that no Trustee shall be held Trustees not personally

self, independent of his office, as a Trustee under this Act.

personally liable for payment of any Sum, orperformance ofany Contract, liable.

in respect of any thing done, or to be done, in or about the said Church

X.    AND be it further enacted, that all the Trusts, Powers, Powers to cease on

vested in such Trustees shall in such case revert to the Crown for public purposes.

Authorities and Privileges conferred upon the said Trustees by this Act passing of future Enact-

shall cease and be of no effect from and after the passing of any future Meat to that effect.

JAMES STIRLING,

GOVERNOR AND COMMANDER-IN-CHIEF

Passed the Legislative Council

this 15th day of June,

1838.           i

ANDREW STIRLING,

Clerk to the Council.