Presbyterian and Methodist Schools Association Property Trust Act of 1933 (24 Geo v) (Qld)

24 GEO. V., 1933. RELIGION. Presbyterian and Methodist Schools, Etc., Act. 14815 RELIGION. An Act to Enable the Vesting of Certain Real and 24 Geo. V. T Personal Property in the Body Corporate PREHSBY- constituted under "The Religious Educational TIE ITAnNo DAINZ and Charitable Institutions Act of 1861 " AS S S C O H C O IA O T L I S ON under the Name and Style of "The Presbyterian TPhRuOsPrEARTCYT and Methodist Schools Association," and for OF 1933. other purposes, [ASSENTED TO 18TH DECEMBER, 1933.] HERE.AS pursuant to various nominations of Preamble. trustees the following persons, namely :— Adam Black, of Pajingo Station, near Charters Towers; Abraham Steele, of Charters Towers; John William Ward, of Charters Towers; and Morgan Edward Lewis, of Charters Towers, in the State of Queensland are, pursuant to the provisions *" The Real Property Acts, 1861 to 1932," registered proprietors of an estate in fee-simple in certain lands :all situate in the County of Davenport, Parish of Charters Towers, in the said State, and more particularly described as set forth in Schedule I. of this Act. Schedule I. And whereas the said persons are the holders of the leases more particularly described in Schedule II. Schedule , of this Act: And whereas the said lands have been and are being used for the purposes of education, namely, for or in respect of the Thornburgh and Blackheath Colleges, situated at Charters Towers in the said State, subject to such terms, provisions, conditions, and stipulations as are set forth in the various Schedules of Trusts appertaining to the said lands: And whereas the said Trusts set out that such lands :shall respectively be held by the said persons as Trustees for the purposes of a boarding and day school where pupils may obtain a sound classical, mathematical, scientific, and general education, and where religious * 25 Vic. No. 14 and amending Acts, supra. pages 2984 it seq.

14846 RELIGION. Presbyterian and Meth,odist Schools, Etc., Act. 24 GEo.7., instruction shall be given, and that such school shall be under the auspices of the Presbyterian and Methodist Schools Association: And whereas the said leases more particularly described in the said Schedule II. have been and are being used for the purposes aforesaid: And whereas, pursuant to Letters Patent dated the twenty-eighth day of June, one thousand nine hundred and eighteen, issued under the hand of the Governor for the time being and the Public Seal of the said State, by virtue of the provisions of *" The Religious Educational and Charitable Institutions Act of 1861," certain persons holding and exercising certain offices in the Presbyterian and Methodist Churches were constituted a body corporate by the name and style of" The Presbyterian and Methodist Schools Association" (hereinafter referred to as "The Association ") : And whereas the said persons first before mentioned in this preamble were appointed and are Trustees in respect of all the property being the land and leases above referred to and all personal property appertaining thereto and improvements thereon: And whereas it is provided in the said Schedules of Trusts that the Association shall have full and sole control of the educational policy of the said schools,. and that the curriculum of such schools must from time to time and at all times be such as is approved by the Association; and further that, except as in the said Schedules of Trusts otherwise expressly provided, the. government in every respect of the schools shall at all times be vested in a local council consisting of an even number of not less than twelve nor more than twenty-four members nominated and elected as in the said Schedules. of Trusts provided and approved by the Association: And whereas for some time past the local council has been defunct and has not been reconstituted, but the entire management and control of the said schools has been taken over by and presently is under the Association, and the Association has accordingly done and is presently doing all things and is undertaking all matters necessary and desirable for the due conduct and management of the said schools: * 25 Vic. No. 19, supra, page 1093.

1933. RELIGION. Presbyterian and Methodist Schools, Etc., Act. 14847 And whereas the persons first before mentioned and all other persons directly or indirectly concerned have signified their willingness and approval that the management and control of the said schools should be undertaken by the Association and that all the property real and personal appertaining thereto should be transferred to and should vest in the Association— 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 Presbyterian Short title. and Methodist Schools Association Property Trust Act cif 1933." 2. In this Act unless otherwise indicated or required Definition. by the context or subject-matter the words "The Association" mean the Presbyterian and Methodist Schools Association (a body corporate constituted under that name and style pursuant to Letters Patent dated the twenty-eighth day of June, one thousand nine hundred and eighteen, issued under the hand of the Governor for the time being and the Public Seal of the said State, by virtue of the provisions of*" The Religious _Educational and Charitable Institutions Act of 1861," a , copy of which Letters Patent appear as Schedule III. Schedule III. of this Act). 3. All lands, tenements, hereditaments, and leases Vesting of being the lands, tenements, hereditaments, and leases property in more particularly described in Schedules I. and II. of Association. • this Act, together with all rights, easements, interests, .and appurtenances thereto shall without any conveyance or assignment or transfer other than the authority of this Act be divested from the persons who at the passing of this Act are the registered proprietors or lessees, as the case may be, and shall be conveyed and transferred to and shall vest in the Association as registered proprietor for an estate in fee-simple in possession or as lessee, as the case may be, completely freed and discharged from the Trusts under which at the passing of this Act the same are held, but subject to any encumbrances, leases, or other interests affecting the same and for the purposes of the Association; and all personal property * 25 Vio. No. 19, supra, page 1093.

14848 RELIGION. Presbyterian and Methodist Schools, Etc., Act. 24 Gio. V.,. of whatsoever description being improvements on the said lands, tenements, hereditaments, and leases, and also all personal property belonging or attaching to the said Thornburgh and Blackheath Colleges shall without any conveyance or transfer other than the authority of this Act vest in the Association as owner thereof absolutely. APthosewsoecrisatoifon. to ex4e. rcTishee aAssrseogciisatteiorendsphraollpbrieeteonrtiitnlerdesapt eacllt toifmtehse; lands referred to in Schedule I. of this Act so conveyed,. transferred, and vested in the Association, and as. registered lessee in respect of the leases referred to in Schedule II. of this Act, and as owner of the personal property conveyed to and vested M the Association as; aforesaid such powers, rights, and remedies as shall be permitted and allowed by *" The Religious Educational and" Charitable Institutions Act of 1861" or t" The Religious,, Educational, and Charitable Institutions Act of 1861 Amendment Act of 1895," and by the constitution and rules for the time being of the Association. Power to mortgage. 5. In addition *to such powers it shall and may be lawful for the Association from time to time and at all times hereafter to borrow moneys upon the security of all or any of the lands, tenements, hereditaments, and leases, and other property hereby transferred or conveyed to or vested in the Association, and for such purposes to execute in such form as the Association may deem fit such mortgages, bills of sale, and other securities, as the Association may deem necessary. Every mortgage made or given in pursuance of the. powers aforesaid may contain a power of sale by the- mortgagees their executors, administrators, or assigns in case of default in payment of any principal or interest moneys secured by such mortgage or of breach of any of the conditions therein contained. Power to lease. 6. It shall be lawful for the Association in respect of any of the lands by this Act vested in the Association from time to time to lease the said lands or any portion or portions thereof for any term not exceeding twenty-one years upon such terms and conditions as it deems proper.. * 25 Vic. No. 19, supra, page 1093. t 59 Vic. No. 4, supra, page 1094. a m b b t

RELIGION. 1933. Presbyterian and Methodist Schools, Etc., Act. Every lease granted in pursuance of the powers aforesaid may be surrendered and a new lease of the whole or any portion of the land comprised in any surrendered lease may be granted subject to the provisions of this Act with regard to the granting of a lease. 14849 7. It shall be lawful for the Association in respect Power to oIIf.aollf othr iasnAy cotf ttohesuMbilneiansgeLaelalsoers arenfyerorefdsutochinMScinhiendgulme sicunanintgf.inand Leases, and the provisions of the Mining Acts in relation other Leameri. to Mining Leases shall, mutatis mutandis, where necessary apply and extend accordingly. And, moreover, the power to sublet the Lease for Special Purposes No. 3236 referred to in the said Schedule II. is hereby vested in and conferred upon the Association accordingly. 8. In addition to the powers, rights, and remedies Power 1 o conferred by section four of this Act it shall and may be sell. lawful for the Association from time to time and at all times hereafter to sell by public auction or private contract any of the property real or personal vested by this Act in the Association as it may deem expedient and at such prices and upon such terms and conditions as the Association may deem fit and when sold to convey the same or any part thereof, and thereupon the same shall vest in the purchasers their heirs, executors, administrators, or assigns according to the estate and interest of the Association therein absolutely freed and discharged from any Trusts affecting the same. 9. The receipt in writing of the Association or of Receipts for any person or persons authorised by the Association in: Page writing to receive the same for the moneys borrowed on purchase. the security of any property mortgaged, or for the purchase-money of any property sold, under this Act, by the Association, or for rents in respect of leases, or for any moneys which shall be payable to the Association when exercising its powers conferred by this Act shall exonerate the mortgagee and all other persons for the time being paying such moneys to the Association, and he or they shall not be bound or required to see to the application thereof or be affected by the misapplication or non-application thereof.

14850 RELIGION. Presbyterian and Methodist Schools, Etc., Act. 24 0-no. V., Income and 10. The income, rents, profits, and proceeds of profits. sale and moneys borrowed as aforesaid shall be applied by the Association to and for such uses as the Association shall in its discretion and in accordance with the constitution, rules, and practice of the Association deem fit. Preservation 11. Nothing in this Act contained or that may be ofirights. done under this Act shall be deemed prejudicially to affect or to deprive any person of any right or interest whatsoever to which he at the passing of this Act is entitled, whether arising out of contract or tort and any such right or interest which may at the time of the passing of this Act be enforceable against the local council referred to in the preamble hereto, or any person in whom the lands or property have heretofore been vested, and in respect of which right or interest the property hereby transferred, conveyed, and vested has heretofore been liable may be enforced against the Association: Provided that no such right or interest shall be enforceable against the members of the Association or any of them personally. Duty of 12. The Registrar of Titles shall on application made TRietgleiss. trar of ubnydoerro* n" b T e h h e a R lf ea o l f P th ro e p A er s ty so A c c i t a s t , i 1 o 8 n 61 in to re1s9p3e2c,t"otrfatnhsefelrarnedds, conveyed to, and vested in the Association by virtue of this Act (and described in Schedule I. of this Act) register the Association as registered proprietor of the lands concerned, and for that purpose shall issue any certificate of title or deed of grant and make such endorsement or endorsements and make any such entry in the registers as may be necessary and proper for the purposes of this Act. Duty of 13. The Secretary for Mines and the Secretary for SMSeeiccnrreeesttaaarrnyydffoorr tPhuebAlicssLocainadtisoonnshaaplpl lriecsapteiocntivmelaydebybyviortruoenofbethhiaslAf ocft Public Lands, register the Association as lessee or cause it to be so registered in respect of the leases so conveyed or transferred to or vested in the Association (being the leases described in Schedule II. of this Act) and shall respectively issue any document or documents necessary *25vic, No. 14 and amending Acts, supra, pages 2984 et seq.

1933. RELIGION. Presbyterian and Methodist Schools, Etc., Act. for that purpose and make such endorsement or endorsements and make any such entry in the registers as may be necessary and proper for the purposes of thi Act. 14851 SCHEDULE I. DEED OF GRANT OR CERTIFICATE OF TITLE. DESCRIPTION. No. Vol. Fol. Allotment. Section. AREA. D/G N6476 . . 134 D/G N6478 . . 134 D/G N6477 . . 134 D/G N6479 . . 134 C/T N8525 . . 143 D/G N6461 . . 134 D/G N6465 . . 134 D/G N6464 . . 134 D/G N6463 . . 134 D/G N6462 . . - 134 D/G N6470 . . 134 C/T N20785 . . 204 D/G 46400 . . 418 191 4 193 5 192 13 194 14 124 • 5 176 12 180 13 179 14 178 15 177 16 185 3 4 1 to 10 160 8 A . R. P. 46 0 1 0 46 0 1 0 46 0 1 0.8 46 0 0 35 20 0 0 33.5 20 0 1 8 20 0 1 8 20 0 1 8 20 0 1 8 20 0 1 8 46 0 1 0 75 3 0 11 21 0 1 01 SCHEDULE II. Gold Fields Homestead Lease No. 5289, Charters Towers Gold Field, County of Davenport, Parish of Charters Towers, containing 1 rood 15 perches. Gold Fields Homestead Lease No. 2254, Charters Towers Gold Field, County of Davenport, Parish of Charters Towers, containing 1 rood 13 perches. Lease for Special Purposes No. 3236, District of Charters Towers, County of Davenport, Parish of Charters Towers, Portion 14, containing 10 acres 3 roods 34 perches.

14852 RELIGION. Presbyterian and Methodist Schools, Etc., Act. 24 GEo. V.,. SCHEDULE III. LETTERS PATENT. GEORGE THE FIFTH, by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith: TO ALL TO WHOM THESE PRESENTS SHALL COME: GREETING :— WHEREAS by The Religious Educational and Charitable Institutions Act of 1861," of Our State of Queensland, in the Commonwealth of Australia, it is enacted that it shall be lawful for the Governor of Our said State, with the advice of the Executive Council thereof, from time to time, to issue LETTERS PATENT under the Seal of Our said State, and therein to declare that any person or persons, and their successors for ever, holding any religious or secular office or preferment or exercising any religious or secular functions, to which he or they should have been called or appointed, in accordance with the rites, laws, rules, and usages of the community or institution to which such person or persons should belong, should be a body corporate, by such name and style as might in and by the said LETTERS PATENT be given to such Corporation: AND WHEREAS it has been represented to Our Governor of Our said State that the Reverend LESLIE ERNEST BENNETT Master of Arts and Bachelor of Divinity WILLIAM ROBERT BLACK, GEORGE IREDALE BOURNE the Reverend WILLIAM BROWN the Reverend GEORGE EWAN THOMAS FIELDING the Honourable EDWIN WESLEY HOWARD FOWLES Master of Arts Bachelor of Laws Barrister-at-law a Member of the Legislative Council of Queensland the Reverend JAMES BuLLocH GALLOWAY the Reverend JAMES GissoN Master of Arts ARTHUR JOHN GIBSON Doctor of Philosophy the Reverend RICHARD GLAISTER Master of Arts Bachelor of Divinity SIR DAVID HARDIE Knight Doctor of Medicine JAMES JORDON KING, JOHN JAMES KINGSBURY Master of Arts Barrister-at-law the- Reverend JOSEPH LUNDIE Bachelor of Arts the Reverend CHARLES MARTIN, WILLIAM ALEXANDER MORROW Master Of Arts Bachelor of Laws Barrister-at-law FREDERICK THOMAS MORRIS the Reverend WILLIAM CHRISTOPHER RADCLIFFE Bachelor of Arts the Reverend GEORGE EDWARDS ROWE Doctor of Divinity WILLIAM NATHANIEL ROBERTSON Bachelor of Medicine Master of Surgery the Reverend ROBERT STEWART Doctor of Divinity the Reverend WILLIAM HERMAN WATERS Bachelor of Arts and the Reverend HENRY YOUNG1VIAN Doctor of Divinity hold and exercise the offices of Councillors of the Presbyterian and Methodist Schools Association and have been appointed to such offices respectively, in accordance with the rites, laws, rules, and usages of the said Association: AND 'WHEREAS it has been further represented to Our said Governor that they are desirous of being incorporated and designated by the style of THE PRESBYTERIAN AND METHODIST SCHOOLS ASSOCIATION under the provisions of the said Act, and have complied with the provisions thereof entitling them in that behalf: whereupon Our said Governor, with the advice of the Executive Council of Our said State, hath directed that LETTERS PATENT shall be issued to them accordingly: NOW, THEREFORE, WE DO, BY THESE OUR LETTERS * 25-Vie. No. 19, supra, page 1093.

RELIGION. 1933. Presbyterian and Methodist Schools, Etc., Act. PATENT, declare that the said Leslie Ernest Bennett, William Robert Black, George Iredale Bourne, William Brown, George Ewan, Thomas Fielding, Edwin Wesley Howard Fowles, James Bulloch Galloway, James Gibson, Arthur John Gibson, Richard Glaister, Sir David Hardie, James Jordon King, John James Kingsbury, Joseph Lundie, Charles Martin, William Alexander Morrow, Frederick Thomas Morris, William Christopher Radcliffe, George Edwards Rowe, William Nathaniel Robertson, Robert Stewart, William Herman Waters, and Henry Youngman and their successors for ever, holding the offices aforesaid, shall be a body corporate, by the name and style of THE PRESBYTERIAN AND METHODIST SCHOOLS ASSOCIATION. IN TESTIMONY WHEREOF, Our said Governor hath caused these OUR LETTERS PATENT to be sealed with the Public Seal of Our said State. WITNESS Our Trusty and Well-beloved His Excellency Sir Hamilton John Goold-Adams, Major on the Retired List of His Majesty's Army, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, Companion of the Most Honourable Order of the Bath, [L.s.] Governor of the State of Queensland and its Dependencies in the Commonwealth of Australia, at Government House, Brisbane, this Twenty-eighth day of June, in the year of Our Lord One thousand nine hundred and eighteen, and in the Ninth year of Our Reign. By Command, JNO. HUXHAM. HAMILTON GOOLD-ADAMS. ENTERED on Record by me, in the Register of Patents, No. 14 Page 35, this twenty-eighth day of June, A.D. 1918. P. J. MCDERMOTT, The Under Secretary, Chief Secretary's Department. 14853 SOUTHPORT-BURLEIGH ROAD. See BRIDGES.