Church of England, trustees (1874) (WA)

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WESTERN AUSTRALIA.

ANNO TRICESIMO OCTAVO

VICTORIIE BEGINS

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No. XVIII.

AN ACT for the Incorporation of the Standing Committee

of the Diocesan Synod of Perth as Trustees of the

Branch of the Church of England in Western Australia.

[Assented to, 27th November, 1874.]

HEREAS by an Act of the Legislative Council of this pro=bie.

Wof the 16th Victoria, No. 22 of 1853, and 24th Victoria; No. 4 ofColony the 37th Victoria, No. 16 of 1873, the Ordinances

1860, were repealed; and whereas at the date of the passing of the said recited Act, and by virtue of the said repealed Ordinances, and of the Ordinance 22nd Victoria, No. 3 of 1858, all the estate, right, and title, legal or equitable, to all lands and tenements belonging to the branch of the Church of England in this Colony were vested in the Lord Bishop of Perth and his Successors; but nevertheless as sole Trustee for the said branch of the Church of England in Western Australia; and the Right Reverend Mathew Blagden Hale, Doctor of Divinity, is the present holder of said office : And whereas it is considered expedient that the Ordinance 21st Victoria, . No. 11 of 1857, and the said Ordinance 22nd Victoria, No. 3 of 1858, should be repealed : And whereas the Diocesan Synod of the said branch of the Church of England in Western Australia have

38° VICTORLE, No. 18.

Church of England—Committee of Diocesan Synod to be Trustees.

appointed a " Standing Committee " for the purpose of conducting and managing their financial and other affairs : And whereas by Statute No. 3 of 1874 the said Synod have appointed such Standing Committee and their successors in office (to be appointed as by Statute of the said Synod No. 1 of 1873 is directed) to represent the said Synod and hold property for the use of the said branch of the said Church; and the said Right Reverend Father in God Mathew Blagden Hale, Lord Bishop of Perth; the Very Reverend Joseph Gegg, Dean of Perth; the Venerable James Brown, Archdeacon of Perth; the Honorable Anthony O'Grady Lefroy, Esquire ; the Reverend George James Bostock, Clerk; William Knight, Esquire; Edward Wilson Landor, Esquire; and Rowley Crozier Loftie, Esquire, are the present members of the said Committee : And whereas it is expedient that the Standing Committee for the time being of the said Synod should be incorporated and should have power to hold lands and other property in Trust for the said Church: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:—

1 THE Ordinance 21st Victoria, No. 11 of.1857, intituled "An

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repealed. Ordinance to enable Trustees of Church of England lands in Western Australia to raise money on security thereof in aid of erection of Parsonage Houses," and the Ordinance 22nd Victoria, No. 3 of 1858, intituled " An Ordinance for vesting Church of England lands in Western Australia in the Lord Bishop of Perth and his Successors," are hereby repealed.

Incorporation of Standing2 THE said Right Reverend Father in God Mathew Blagden Committee. Hale, Lord Bishop of Perth ; the Very Reverend Joseph Gegg,

Dean of Perth; the Venerable James Brown, Archdeacon of Perth; the Honorable Anthony O'Grady Lefroy, Esquire; the Reverend George James Bostock, Clerk; William Knight, Esquire; Edward Wilson Landor, Esquire; and Rowley Crozier Loftie, Esquire, and their successors in office, as such Standing Committee, shall be and are hereby constituted a Corporation by the name and style of " The Standing Committee of the Synod of the West Australian branch of the Church of England," and by that name shall and may have perpetual succession and use t common seal, to be by them from time to time altered as they shall think fit, and by the same name to sue and be sued, plead and be impleaded, in all Courts of Law and Equity, and shall exercise all the powers and perform all the functions and duties by the Statutes of Synod directed and em- powered and intended to be performed by the Standing Committee :

38° VICTOR' *1, No. 18.

Churcl of England—Committee of Diocesan Synod to be Trustees.

and the said Standing Committee shall have full power to acquire and hold for the said Church, by purchase, devise, or otherwise, all lands, tenements, and hereditaments whatsoever of every. tenure, and also all personal estate, and of conveying, assigning, demising, or otherwise disposing of such real and personal estate, and shall also have power to borrow and take up at interest any sum or sums of money for the purpose of erecting or improving, or aiding in erect- ing or improving, Churches, Parsonage Houses, or other buildings; and for that purpose to mortgage by Deed under the said Corporate Seal such portions of the said lands, tenements, and hereditaments as may be necessary for securing the repayment of such monies with interest thereon. And the said Standing Committee shall have power to take, hold, and employ, and invest, all such real and

personal estate as they shall deem advisable, and shall be thereunto

authorised by Statutes of Synod ;—but nevertheless only for the purposes of the said branch of the Church of England in Western Australia, subject to the performance of any Trusts upon which the said lands, tenements, hereditaments, and personal estate may have 'been acquired, and subject in all respects to the Statutes, Orders, directions, and regulations of the said Synod. Provided, always, that no lands which shall or may have been acquired, or may here- after be acquired from the Crown shall be sold, mortgaged, or otherwise disposed of except with consent of the Governor for the time being.

3 ALL lands or other property now vested in the said Right

Church lands vested in

Reverend Mathew Blagden Hale, Bishop of Perth, as Trustee for

Bishop transferred to Stand-

the said branch of the Church of England in Western Australia,

ing Committee.

shall be and the same are hereby vested in the Standind, Committee

for the time being of the said Diocesan Synod.

In the name and on behalf of the Queen I hereby assent to

this Act.

FRED. A. WELD, Governor.

By Authority : RICHA_RD PETHER, Government Printer, Perth.

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