Evangelical Lutheran Church (Toowoomba) Land Sale Act of 1912 (3 Geo v) (Qld)

5751 RAILWAYS AND TRAMWAYS.—RELIGION. _Evangelical Lutheran Church (Toowoomba) Land Sale Act. 3 GEo.V., Appropria- tion. agreement or by separate instrument, to so maintain or renew the same on behalf of and. at the expense of the Company; (m) The Company, upon obtaining a permit from the Secretary for Mines to carry for hire upon the tramway passengers or goods, live stock, or material for the public, shall not be entitled to demand or recover for the carriage thereof any tolls, fares, rates, or charges exceeding twenty- five per centum more than the amount payable in respect of similar services on the State rail- ways under the by-laws of the Commissioner in force . for the time being, anything in any law to the contrary notwithstanding; (n) For the settlement by arbitration of any dis- putes under the agreement; (o) Other covenants and stipulations necessary or proper to give effect to the premises. 3. All sums of money which in pursuance of the said agreement may from time to time become payable by the Government are hereby appropriated for the purpcse. RELIGION. 3 Geo. V. An Act to Enable the Surviving Trustees of an THE EVANGELICAL LUTHERAN CHURCH (TOONVOOMBA) Am LAND SALE OF 1912. Allotment of Land. in the City of Toowoomba, held in trust for the Erection thereon of Church Buildings in connection with the Evangelical Lutheran Church, to Sell the same and Apply the Proceeds towards certain purposes in con- nection with the said Church. Preamble. [ ASSENTED TO 7TH DECEMBER, 1912.] W HEREAS by an Indenture dated. the twenty-sixth day of July, one thousand eight hundred and seventy-six, a certain piece of land therein described and containing two roods more or less, being subdivision one of suburban allotment number nineteen of section nine, and situated in the town of Toowoomba, parish of Drayton, county of Aubigny (herein called "the said land"), was transferred by James Ivory, of Ipswich, in the State of Queensland, to Peter Flegler, George Wecker,

RELIGION. 5755 1912. Evangelical Lutheran Church (Toowoomba) Land Sale Act. Ferdinand Muller, Jacob Reuter, Johann Ickert, and Heinrich Kiehm upon trust for the Evangelical Lutheran Community worshipping at that church building in Perth street, Toowoomba, or any other church building the said Community may from time to time use or engage for that purpose, for the enlargement thereon of the then church building, for the building thereon of a new church or place of worship, for the erection thereon of a Minister's residence and other buildings and improvements in con- nection therewith, and for the erection thereon of a school building for the purposes of the said Community, and the members on the roll or list of the said Community, admitted, entered, and standing on the said roll or list according to the laws and regulations for the time being of the said Community, were declared from time to time and at all 'times thereafter eestuis que trustent of the said land: And whereas the said Jacob Reuter and Heinrich Kiehm died, and the said Peter Flegler, George Wecker, Ferdinand Muller, and Johann Ickert refused to act in the trusts abovementioned ; whereupon the said Community by virtue of a power contained in the said Indenture duly appointed Carl Volker, Justus Heuser, John Flegler, Justus sass, and Heinrich Wilhelm Prove as Trustees in the trusts of the said land, and by an Indenture dated the nineteenth day of March, one thousand nine hundred and one, the said land was transferred by the said Peter Flegler, George Wecker, Ferdinand Muller, and Johann Ickert to the Trustees so appointed as aforesaid upon the same trusts: And whereas the said Justus Nass and Justus Heuser have died: And whereas the surviving Trustees and the said Community are desirous of selling the said land, but are not authorised by the said Indenture so to do : And whereas it is expedient that the said surviving Trustees should be empowered to sell the said land, and to apply the proceeds for the purposes hereinafter set forth: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as " The Evangelical Short title. Lutheran Church (Toowoomba) Land Sale Jet of 1912." 2. In this Act the expression "the Trustees" means interprets. and includes the said Carl Volker, John Flegler, and ti°11 * Heinrich Wilhelm Prove, and their successors.

5750 RELIGION. Evangelical Lutheran Church (Toolcoomba) Land Sale Act. 3 GEO. V.,1912. Power to 01. 3. The Trustees are hereby empowered to sell the said land by public auction or private sale; and on the payment of the purchase money to the Trustees they shall transfer the said land to the purchaser, and such transfer shall confer upon the purchaser a clean title free from any trusts or encumbrances whatsoever: Provided that before being offered for private sale the said land shall be first offered at public auction, notice of :which auction shall be given at least twice during two successive weeks in some newspaper published and circulating in Toowoomba. Application of proceeds. 4. All moneys realised by the sale of the said land shall be applied by the Trustees in the following order so far as the same shall extend, namely :— (i.) In payment of the costs of applying for and obtaining and passing this Act; (ii.) In payment of the reasonable expenses of and attending the sale of the said land; (iii.) For all or any of the following purposes :— (a) The enlargement of the present church building of the Evangelical Lutheran Church at Toowoomba ; (b) The erection of a new church building for the said Church; (e) The erection of a minister's residence and other buildings and improvements in con- nection therewith; (d) The erection of a school building; (e) Any other purpose in connection with the said Church as the Community in general meeting may think fit. Receipt of Trustees a discharge. 5. The receipt in writing of the Trustees exercising the powers conferred by this Act shall be a sufficient discharge for all moneys paid to them by the purchaser of the said land, and he shall not be bound or required to see to the application nor be affected by the misapplication or non-application thereof. SOUTH BRISBANE LOAN. See LOCAL AUTHORITIES. THURSDAY ISLAND WATERWORKS. See WATER SUPPLY AND SEWERAGE. TRAMWAYS. See RAILWAYS AND TRAMWAYS.