Mackay Scandinavian Lutheran Church Land Sale Act of 1939 (3 Geo Vi) (Qld)

17842 RELIGION. Mackay, Etc., Church land Sate Act. 3 GEO. RELIGION. 3 Guo. VI. An Act to Enable the Trustees of an Allotment of THE MACKAY SCANDINAVIAN Land in the City of Mackay, held upon Trust for LUTHERAN CHURCH the Use and Behoof of the Congregation of the LAND SALE ACT OF Mackay Scandinavian Lutheran Church for 1939. the Purposes of Public Worship, to Sell the Same and Apply the Proceeds towards certain purposes in connection with the said Church, [ASSENTED TO 5T11 OCTOBER, 1939.] Preamble. W HEREAS the estate in fee-simple in all that piece or parcel of land (hereinafter referred to as the "said land ") situated in the County of Carlisle, Parish of Howard, Town of Mackay, described as Allot- ment One of Section Six containing an area of two roods and being the whole of the land contained in Certificate of Title No. 51219, Volume 17, Folio 157, is presently vested in Martin Mortensen, Carl Victor Johannes Jonasson, and Jens Christian Petersen as Trustees upon the Trust declared by Nomination of Trustees No. N7312 dated the third day of October, one thousand eight hundred and ninety-one, namely "upon trust for the use and behoof of the congregation of the Mackay Scandinavian Lutheran Church for the purpose of public worship" : And whereas the church erected upon the said land for the purpose of the said Trust was destroyed by a cyclonic disturbance many years ago and has not been replaced and there has not been since the destruction of the said church and is not now any church or other building upon the said land applicable to the purpose of the said Trust: And whereas, owing to the Mackay Scandinavian Lutheran Church not having, either at any time past or presently, and having no immediate prospect of obtaining, a number of members sufficient to provide the finance necessary to enable the above Trust to be executed, the abovementioned Trustees and various

RELIGION. 17843 1939. Mackay, Etc., Churck Land Sale Act. members of the said church are desirous of selling the above-described land and applying the proceeds of the sale thereof for the purposes hereinafter set forth: And whereas it is expedient that the said Trustees should be empowered to sell the said land, and to apply the proceeds of such sale 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 Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as "The Mackay short title. Scandinavian Lutheran Church Land Sale Act of 1939." 2. In this Act the expression "the Trustees Interpreta- means and includes the said Martin Mortensen, Carl'''. Victor Johannes Jonasson, and Jens Christian Petersen and their successors. 3. From and after the passing of this Act, it shall Power to be lawful for the Trustees, notwithstanding any restriction sell. imposed or implied by the Trust declared in the above- mentioned Nomination of Trustees, to sell the whole or any part or parts of the said land. 4. Every sale made in pursuance of the powers Mode and aforesaid may be in one or more lots, and either by public effect of sale. auction or private contract, and upon payment of the purchase-money to the Trustees so selling as aforesaid they shall convey the land so sold to the purchaser or purchasers thereof for an estate in fee-simple, and such conveyance shall be valid and effectual at law and in equity for all purposes whatsoever: Provided that before being offered for sale by Private contract the said land or, if the same is sold in lots, each lot shall be offered for sale by public auction, and if not sold may at any time thereafter be sold by private contract. Notice of any such sale by auction shall be given at least twice during two successive weeks in some newspaper published and circulating in Mackay.

17844 RELIGION. Mackay, Etc., Church Land Sale Act. 3. GEO. VI., 1939. 2oA4fptpGhleeicoAa. tciVot.n noth 5 in . gEixncethptisasAhcetrsehinaallftperreijnudthiicsese4c<" ti T o h n e p C ro on v t i r d a e c d ts , No. 26. of Sale of Land Act of 1933 " : Provided that nothing in section four or in para- graphs (a) or (b) of section nine of such lastmentioned Act shall extend or be deemed to extend with respect to a sale of the said land or any lot or lots thereof. sDparilosecp. eoesdasl ooff shall 6 b . eAalplpmlioendebyys trheealTisreudstbeyesthien sthaleefooflltohwe isnagidolradnedr 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.) In or for any such purpose in connection with the Mackay Scandinavian Lutheran Church as the members for the time being of such church in general meeting may think fit: a general meeting may be called by a notice published at least twice during two successive weeks in some newspaper published and circulating in Mackay. Trustees' 7. The Trustees may from time to time invest any pinovweesrtmofent. moneys realised by the sale of the said land and not disposed of for a purpose mentioned in section six hereof in any investment or investments which is or are an authorised investment under section four of t" The Trustees and Executors Acts, 1897 to 1924," and may also from time to time invest the profits (if any) arising from any such investment or investments in a like manner. Receipt of Trustees a discharge. 8. 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 any purchaser of the said land or any part or parts thereof, and no such purchaser shall be bound or required to see to the application or be affected by the misapplication or non-application thereof. * 24 Geo. V No. 26, supra, page 14647. f 61 Vic. No. 10 and amending Acts, supra, pages 3507 et seq.