Churches of Christ Property Management Act 1906 (NSW)
An Act to rescind all trusts existing in respect
of or relating to certain real properties
belonging to various respective Churches of Christ in the State of New South Wales set forth in Schedule B of this Act, and to sub stitute certain other trusts in lieu of the
trusts rescinded, and to provide an efficient
mode of dealing with such real properties, and to provide a scheme of association for the present and future Churches of Christ, whereby the said Churches of Christ coming within such association may be freed from disabilities attaching to their respective real properties by reason of the trusts relating to
the
same. [20th November, 1900.] in the State of New South Wales, certain persons are
| at various places in the said State, which said congregations are known members (as defined in section two of this Act) of congregations as and designated "Churches of Christ": | WH E R E A S , |
And whereas a number of
the said Churches of Christ have from time to time acquired real properties in the said State, which are now vested in various respective persons as trustees for and on hehalf of the said respective Churches of Christ upon certain trusts: And whereas certain of the said Churches of Christ mentioned in Schedule B to this Act are desirous that the trusts relating to the respective real property acquired by them through their trustees should be repealed, and that henceforth the persons named as the trustees in the said Schedule B for each respective property as is therein described and set opposite to the names of such trustees shall respectively hold each respective property
for the Church of Christ respectively named with them in such Schedule, upon the trusts, powers, and authorities hereinafter set forth
and declared concerning the same, and that the said Churches of Christ may for the purposes of this Act be associated, and may style themselves " Churches of Christ," and may have the powers hereinafter set forth and declared under such association : Be it therefore enacted
by the King'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 thesame, as follows: —
1. This Act may be cited as the " Churches of Christ Property Management Act, 1900 ."2. In this Act, and for 1he purposes of this Act ,—
" Church of Chris t" shall mean the whole of the members whose names are for the time being on the roll of any particular congregation known or styled as a Church of Christ at any particular place in the State of New South Wales.
" Member" shall mean any person who, after public confessionof his or her faith in the Lord Jesus Christ, and after
repentance towards God, has been immersed into the name
of the Father, Son, and Holy Spirit, and who, after such
confession and immersion, shall have his or her name inserted
and remaining upon the roll of persons belonging to any
Church of Christ according to the custom and practice of such church. "Off icer" shall mean a duly enrolled member of a Church of Christ who shall in such church have been elected to the
office or offices commonly known in the Churches of Christ as
elder or deacon according to the custom of such church.
"Reg i s t r a r " shall mean the person appointed to the office of Registrar at and by a duly convened meeting of the officers
of the Churches of Christ associated under this Act.
3. Nothing in this Act contained shall be held to affect the Government of any Church of Christ coming under the operation of this Act in any matter not expressly referred to in this Act.
4. After the passing of this Act the officer or officers, or a
majority of such officers, for the time being of any Church of Christ
at any place in the State of New South Wales not originally
associated by this Act, and not included in the scope and benefit of
this Act, may convene, in the manner hereinafter provided, a special meeting of the members of the church of which he or they is or arc the duly elected officer or officers, and at such meeting the members of such church shall elect one of their number present to be chairman
of the said meeting, and any member present may at such special
meeting propose a motion in the form set out in clause two of form one in Schedule A to this Act, which said motion shall be duly seconded, and after discussion being permitted thereon by the chairman, he shall put the motion to the vote of the members of such church present at such meeting, and the same shall be deemed carried if two- thirds of the members present and voting shall vote in favour of the said motion.
5. I f the said motion shall be carried as aforesaid, the said chairman shall make a statutory declaration verifying the said motion in the form set forth in form one of Schedule A to this Act, and shall forthwith cause the said declaration to be sent by registered post to the registrar to be appointed under this Act, or, if there be at any time no such registrar, then to the secretary for the time being of the Church of Christ at Enmore, who shall at all times have all the powers and perform all the duties of registrar until a registrar is appointed as required by this Act.
6. After the said declaration in the last preceding section mentioned shall have been received by the registrar (or by the secretary
of the Church of Christ at Enmore, if there be no such registrar), the
registrar (or the said secretary) shall convene, by written notice posted to the secretary of each and every Church of Christ associated under this Act, a special meeting of the officers of the Churches of Christ then associated under this Act, for the purpose of granting or refusing
association under this Act, as the case may be, to the Church of Christ
then not so associated and seeking such association as aforesaid.
7. At any such special meeting of the officers of all the Churches
of Christ then associated under this Act, such officers as shall be present at such meeting shall elect one of their number to be chairman thereof, and such chairman shall, without requiring the same to be moved or seconded, thereupon submit to the said meeting of officers a motion to the effect of the motion set out in form two of Schedule A, and, after discussion thereon being permitted by the chairman of the said meeting, the said chairman shall put the said motion to the vote of the said meeting of officers, and the same shall be deemed carried if two-thirds of the officers present and voting shall vote in favour of the said motion.
2 I 8. 8. For the purpose of giving effect to this Act, there shall he appointed, at a duly convened meeting of the officers of the Churches
of Christ associated under this Act, a registrar, who shall keep all
records of the association provided for by this Act, and sign all notices
or certificates required to he signed or countersigned by him under
this Act, and who shall act in such capacity until his successor is appointed by the officers of the Churches of Christ associated under this Act, at a duly convened meeting, and who shall convene all future meetings of officers of the Churches of Christ associated under this Act intended to be held to give effect to this Act.
9. I f the motion in section seven mentioned shall be carried as aforesaid, the said chairman shall give a certificate, countersigned by the said registrar, in the form set forth in form two of Schedule A to this Act, and the registrar shall forthwith cause a true copy of the said certificate to be published in the Government Gazette; and, from and after the date of the said publication, the said certificate shall be binding and conclusive on all members of the Church of Christ mentioned therein, and the Church of Christ so seeking to be
associated shall, from and after the date of the said publication, be
deemed duly associated with the Churches of Christ then already
associated under this Act for the purposes of this Act, and shall be
entitled to have and take the benefit of this Act in the matters hereinmentioned.
10. The respective trustee or trustees, named in Schedule B to
this Act, shall, from and after the date of this Act, hold the respective lands and buildings standing in his or their respective name or names as trustee or trustees of the Church of Christ respectively named and mentioned in the said Schedule opposite to the name or names of any such trustee or trustees, freed and absolutely discharged of and from the trusts and equities heretofore declared or existing, in favour of the members of the said respective Church of Christ of which he or they
is or are trustee or trustees, and shall thenceforth hold the same, subject
in section fourteen of this -Vet, and with the powers therein and to the provisions of this Act, and upon the trusts declared and set out elsewhere in this Act expressed. 11. The trustees of any Church of Christ hereafter becoming
declared associated in the manner hereinbefore provided shall, from and after the date of the publication of the certificate mentioned in
section nine of this Act, hold the lands and buildings standing in
their names as trustees for such Church of Christ freed and absolutely discharged of and from the trusts and equities declared or existing in favour of the members of such Church of Christ for whom they have theretofore held the said lands and buildings in trust, and shall thenceforth hold the same subject to the provisions of this Act, and upon trusts declared and set out in section fourteen subsections (a), (b), and (c) of this Act, and with the powers therein and elsewhere in this
Act expressed. 12.
12. Nothing provided in this Act shall be taken to affect any
legal or equitable mortgage, or any conveyance or contract made before the passing of this Act by the trustee or trustees of any Church
of Christ associated or becoming associated under this Act with any
person or persons for valuable consideration and bona fide, without
notice of the trusts affecting the lands and buildings purported to have
been mortgaged, conveyed, or otherwise become the subject matter of
any contract as aforesaid.
13. Prom and after the date of this Act, the trustees of the
lands and buildings of the Churches of Christ, now named in the said
Schedule B to this Act, and of any other Church of Christ hereafter
coming within the operation of this Act shall and must, within three months from the date on which such church shall have come within such operation, make and register a declaration of trust in the form
set forth in form three of Schedule A to this Act, and such registration
shall be effected either in the office for the registration of deeds or in the Land Titles Office according to the title existing in respect of such lands and buildings, and upon such registration as aforesaid the Registrar-General may mark any deeds or documents in his possession prior to the date before mentioned, or which shall thereafter come into his possession relating to the said trusts as being subject to such trusts, and may, on such proof being furnished as he shall require, remove any caveat entered by him or any other person.
14. Prom and after the date of this Act, as provided in section
ten, or the date of the publication of the certificate, as provided in
section eleven, the trustees of the lands of every Church of Christ associated in the manner herein prescribed shall hold the lands and
buildina;s standing in their names as such trustees freed and discharged as herein provided of and from all trusts and equities affecting the
same, and shall thenceforth hold the same for and on behalf of the
Church of Christ to which those lands belonged, and for which they, the said trustees, have theretofore held the same, but subject to the
| following trusts and with the following powers, that is to say: — |
(a) Upon trust at all times thereafter to permit the lands and buildings of which they are trustees as aforesaid to be used for the purpose of the worship of God in public by the
members for the time being of the Church of Christ at the place where the lands and buildings are situated according to the faith and doctrine of the Churches of Christ
associated under this Act in the State of New South Wales.
And, furthermore, to permit the said buildings to be used
for the instruction of children and adults, and for tin?
promotion of religious and philanthropic objects and purposes,-, and for such other purposes as the officers of the said church,or a majority of them, shall from time to time decide, and,
under
under the direction of a special meeting or special meetings
of the said church, convened in the manner hereinafter
provided, to permit the said buildings to be altered, enlarged, repaired, taken down, and wholly or partially rebuilt, andalso to permit any other building or buildings to be erected
upon the said lands for the purposes of the said Church of
Christ,
(b) Upon further trust, by and at the direction of a two-thirds majority vote of the members of the said church present,
and voting at a special meeting convened as herein provided, and held for that purpose, to raise such sum or sums of money as the said special meeting by such majority shall direct, by mortgage over the lands and buildings of the said church, or over any portion thereof; and upon trust, at the
like direction, to sell or lease the whole or any part of the
said lands and buildings upon such terms and conditions as the said members shall, at such special meeting by a two- thirds majority of those present and voting, decide.
(c) Upon further trust, from time to time, to apply the moneys coming to their hands under any of the trusts declared by this Act in and towards the purposes of the administration of the said church, as directed by the two-thirds majority vote of any such meeting as aforesaid.
15. (1) The powers of appointing new trustees, conferred by
section six (1) of the Trustee Act of 1S9S, when and so far as any of the events therein provided for may happen in connection with the trusts referred to in this Act shall apply to the said trusts.
(2) Further, the surviving or continuing trustee or trustees
of any Churches of Christ associated under this Act, or of any other
Church of Christ hereafter coming within the operation of this Act,
shall, at any time hereafter, when requested by two-thirds of the
members of the Church of Christ for which he or they is or are trustee or trustees present, and voting at a special meeting convenedin accordance with the provisions of this Act, and for that purpose
appoint as new trustee or trustees for the said church any person orpersons who shall have been elected to the position of trustee or trustees by a two-thirds majority of members present, and voting at such special meeting as aforesaid.
(3) In the event of the surviving or continuing trustee
dying or refusing to make such appointment, or becoming incapable
of making such appointment, or leaving the Commonwealth of
Australia, or whose address shall become unknown, then such person
or persons as shall have been elected to the position of trustee or
trustees as aforesaid shall be deemed duly appointed, without any instrument under the hand of the former trustees so dying, refusing, becoming incapable of, or leaving, or whose address shall become
unknown as aforesaid. 16.
16. (1) So often as any new trustee or new trustees is or are
appointed in accordance with section fifteen, subsections one, two, or three of this Act, all the property (if any) for the time being, vested in the surviving or continuing trustee or trustees, or in the executor or administrator of any trustees, or in the Chief Justice or senior Puisne Judge for the time being, by virtue of the "Wills, Probate, and Administration Act of 1898, or any Act consolidating or amending the
same, and (subject to the trust in respect of which the new trustee or
new trustees is or arc appointed) shall, by virtue of the instrument which created the trusts, and by virtue of this Act, and without other assurance in the law, become and be conveyed, assigned, and transferred so that the same shall thereupon become and lie legally and effectually vested in such new trustee or new trustees, either
solely or jointly with the surviving or continuing trustee or trustees,
as the case may require.
(2) Every new trustee to be appointed as aforesaid shall
have the same powers, authorities, and discretions, and shall, in all
respects, act as if he had been originally nominated a trustee by the
instrument creating the trust.
17. A special meeting of the members of any Church of Christ coming within the operation of this Act, duly convened in accordance with the provisions of this Act, may remove any trustee or trustees, provided that two-thirds of the members present and voting at such meeting- consent to the said removal.
18. After every appointment, retirement, or removal of a
trustee or trustees as aforesaid, a memorandum in writing setting forth the names in full of every trustee so appointed, retired, or removed, shall be signed by the chairman of the special meeting of the Church
of Christ which dealt with the appointment, retirement, or removal of
a trustee or trustees as aforesaid, and shall he published by him within a period of three months from the date of such appointment, retirement, or removal in the Government Gazette; and the production of a copy
| retired from, or has or have been removed from the position of trustee | of such Gazette shall be conclusive evidence that the person or persons named in such memorandum has or have been appointed, or has or have |
| of the Church of Christ named in such memorandum. | |
| 19. Upon any sale, or mortgage, or lease by any trustee or trustees of any Church of Christ coming within the operation of this | |
| Act, the purchaser, mortgagee, or lessee shall be exonerated from | |
| seeing to the application of the moneys paid by him to such trustee or trustees, and from all liability in respect of the same, upon having produced to him a statutory declaration of the chairman of a special meeting convened in the manner hereinafter directed, showing that at such special meeting it was resolved by a two-thirds majority of the members of the said church present and voting at such meeting that |
the
the sale, mortgage, or lease should be duly authorised, and that the deed of conveyance, mortgage, lease, or other instrument prepared in pursuance thereof properly evidences and carries out the desire of the said meeting, and that the person or persons executing the same is or are the trustee or trustees of the Church of Christ so desiring to deal with the property.
20. A special meeting of the members of a Church of Christ coming within the operation of this Act, required to be convened for
all or any of the purposes of this Act, shall be convened by the officer or officers for the time being of such Church of Christ, or by him or
them, at the request of not less than ten members of the said church,
by causing to be affixed to some prominent and conspicuous part ofthe place of worship used by the members of the said church for the purposes of worship a notice in writing, specifying the time and place
of such meeting, and the nature of the business to be then and therediscussed, at least two Sundays immediately preceding the date for which such special meeting shall be called, and by causing a copy of the said notice to be inserted in a daily or weekly newspaper circulating in the district in which the said place of worship is situated at least
once in each of the two weeks immediately preceding the date of the
said meeting.
21. For the purposes of this Act only such male or female
members of a Church of Christ coming within the operation of this
Act whose names shall, from time to time, be and remain on the rollof such Church of Christ according to the custom and practice of
such church shall be allowed to vote in respect of the matters affected by and provided for in this A c t : Provided always that no member under the age of twenty-one years shall be entitled to vote in respect
of the matters affected by and provided for in this Act,
22. Prom and after the passing of this Act any Church of Christ applying to become associated hereunder shall, upon forwarding the declaration mentioned in section five of this Act, forward to the
registrar a statutory declaration showing the number of members on registrar or other person for the time being filling the office of the roll of the Church of Christ applying for association, together with the sum of one shilling for every such member as a capitation fee. All sums received from time to time under this Act by way of capitation fees shall be applied in and to the administration of this
Act, and to such other purposes as the officers of the Churches of Christ associated under this Act shall by a two-thirds majority at any duly convened meeting decide.
S C H E D U L E S .
S C H E D U L E S .
S C H E D U L E A.
FORM I .
Statutory declaration under section five of the Churches of Christ Property
Management Act, 190G.
| I, A.B. , of | in the State of New South Wales, do hereby solemnly and |
sincerely declare as follows :—
1. At a special meeting of the members of the Church of Christ at ,
in the said State, duly convened in accordance with section twenty of the above-named
Act, I was elected chairman of such meeting.
2. A t such meeting the following motion was proposed by Mr. C. D. and
seconded by Mr. E . F . , namely :—
That, in the opinion of this meeting, it is desirable that the Church of Christ at
aforesaid shall associate itself with the Churches of Christ nowalready associated under the Churches of Christ Property Management Act,
190G, for the purpose of taking the benefit of such Act.
3. The said motion was put by me to the vote of the members of such Church present at such meeting, and was carried by the vote of at least two-thirds of the members present and voting at the said meeting as required by section four of the above Act,
And I make this solemn declaration as to the matters aforesaid, conscientiously
believing the same to be true and by virtue of the provisions of the Oaths Act, 1900.
A . B .
Made and declared at this day of 1900, before me, J . P .
FORM 2.
Certificate under section seven of the Churches of Christ Property Management Act, 190G.
At a special meeting, to which all the officers of the Churches of Christ now
associated under the above Act were duly summoned in accordance with section six of
the above Act, I was elected chairman of the meeting by such of the officers as were then
| present, and, in accordance with section seven, I submitted to the said meeting of officers, | the following motion :— |
" That, in the opinion of this meeting, it is desirable that the Church of Christ at
[name of town or district], in the State of New South Wales, being the Churchof Christ mentioned in the statutory declaration of , dated the
day of , 190 , should be declared by this meeting
associated with the Churches of Christ now associated for the purpose of taking
the benefit of the Churches of Christ Property Management Act, 1906."
And I certify that the said motion was duly carried, and I thereupon declared the
| said Church of Christ at | duly associated according to the said Act. |
A.B. ,
Chairman.
CD.,
Registrar under the above Act.
FORM
FORM 3.
Declaration of trust unties section thirteen of the Churches of Christ Property
Management Act, 1 9 0 G .
We [or I , as the ease may be], of , in the State of New Soutli
Wales , do hereby declare that we are [cr T am] the trustees [or trustee] of the Church of Christ, at , in the State of New South Wales, and that such Church of Christ is duly associated under the above Act, and that we [or I ] hold all real estate belonging to the said Church of Christ, as more particularly described and set forth in the Schedule of lands described in the First Schedule hereto, and in the deeds and documents enumerated and set forth in the Second Schedule hereto, upon the trusts set forth and declared in and subject to the provisions of the Churches of Christ Property Management Act, 190G, relating to real estate of the respective Churches of Christ associated under the said Act.
As witness our hands this day of , 190 . THE FIRST SCHEDULE REFERRED TO.
All t in t piece or parcel of land [here set out the different parcels]. THE SECOND SCHEDULE REFERRED TO.
[litre set out the vaiious title deeds in the possession of the trustees.]
Signed by the said in the presence of
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