Presbyterian Church Property Act of 1909 (9 Edw VII No. 8) (Qld)

II. LOCAL A-ND PERSONAI~ ACTS OF TilE PARLIAMENT OF QUEENSLAND~ go EDWARDI VII. . :BRISBANE WATER SUPPLY AND SEWERAGE. See "VATER AND SEWERAGE. CHURCHES AND CHAPELS. An Act to Make Provision for the Vesting of 9 Edw. VII. Certain Property in the Presbyterian Church THEN~ ' I! ~ ' SBY_ of Queensland. ~ ! ~~ ~ ~ PROPERTY [ASSENTED TO 22ND DECEMBEH, 1909.J ACT OP 1909. W HEREAS it is expedient that provision should be made to facilitate the vesting in the Presbyterian Church of Queensland of property belonging to it: 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 Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act mny be cited as "The P}'esbyteriatb Short title. Ohurch Property Act (if 1909." 2. I~ this Act, unless the conte,xt otherwise. indicates, Interprets- the followmg terms have the meamngs set agamst them, tion. respectively, that is to say,- "The Corporation"-The Corporation styled" The Presbyterian Church of Queensland," created by Letters Patent datfld the thirteenth day of June, one thousand eight hundred and seventy- six, issu~ d in pursuance of "The Religious Educational and Charitable Institutions Act of 1861";* "The General Assembly"-The General Assembly of the Presbyterian Church of Australia in the State of Queensland; *25 Vie. No. 19, supra, page !l86. •

9508 CHURCHES AND CHAPELS. P1"esb.llterian Church Propert.ll' !) Euw. VII. No. 8,1909. " Church Property"-Any real or leasehold property now or hereafter held by any person in trust for the Presbyterian Church of Queensland generally, or for any congregation of that church, or for any other purpose in connection with that church or any congregation thereof. Application of this Act ,to church property. 3. The General Assembly may, from time to time, by resolution, declare that this Act shall apply to any par- ticular church property, and thereupon such church. property shall, for all the estate or interest in respect of which it is then held in trust as aforesaid, if not under- the provisions of the" Real Properl;1/ .Act of 1861,"* forth- with vest in the Corporation absolutely, subject to any then subsisting mort~ age, lien, encumbrance, or lease, or,. if under the provisions of the "Real Prope1 ty .Act of lStH,"* vest in the Corporation in the like manner- upon the Registrar of 'fitles effecting the registration hereinafter provided for: Provided that no such resolu- tion shall have any effect, unless the congregation (if any) for which such church property is held consents to such resolution by a resolution passed in accordance with the rules for the time being of the Presbyterian Church of Australia in the State of Queensland. Duty of Registrar of Titles. 4. The Hegistrar of TitJes, upon being satisfied that a resolution of the General Assembly has been duly passed, and, if necessary, consented to, in accordance with. the last preceding section of this Act, and that the land intended to be affected by such resolution is church pro- perty, and is under the provisions of the " Real P1'operty Act of 1861,"* shall register the Corporation as proprietor of such land for the estate or interest in respect of which such church property is held in trust as aforesaid, subject to any then subsisting mortgage, lien, encumbrance, or lease. Exemption of 5. No stamp duty shall be payable on any such. e re tc s . o , lufrtoiomns, resolution, nor on any request or other instrument in con- stamp duty, nection with the registration of such resolution, and no etc. registration fee shall be payable for any such registration. Evidence. . 6. A certificate, under the seal of the Corporation and the hands of the moderator, clerk, and treasurer of the General Assembly, or any two of them, s}J.all be prima facie eviden~ e that such resolution has been duly passed and consented to in accordance with the provisions of this Act. 'it 25 Vie. No. 14, supra, page 2148. •

CHUROHES AND OHAPELS.-FORESTS. , 9 EDW. VII. No. 21, 1909. Tuchekoi State Forest, Etc., Boundaries. 9509 7. The General Assembly may, from time to time, General . make rules and regulations for the management, leasing, : A. sl: m~ : my mortgaging, sale, exchange, and disposition by the trustees ::. e e, of any church property not vested in the Corporation, and . may, from time to time, revoke, alter, or vary the same. 8. Nothing in this Act shall be construed to repeal Savti~ g OAf _. or I . n any way a ff ect t h e provu . H . ons 0 f "L m ' 'h e T r , r l""/ W :: k , l zam cer am c.. , -. Terrace Presbyterian Ohurch Act of 1884,"* " The Ann Street Pr'esbyteriarit Ohurch Aid qf 18SD,"t or " The St. Andrew's Presbyterian Ohurch of Rockhampton Act of 189] ."t 9. "The Presb,yterian Church Act of 1837"§ andRepe~ l. . "The Presbyterian Ohurch Act Alnendmellt Act of 1840"11 are repealed. . 9 Edw. VII•. No. 21. FORESTS. THE TUCHEKOI An Act to Make Available for Settlement Parts ofSr A A M T E E ND FO M R E E N S T T the Tuchekoi State Forest. 011 BOUNDARIES [ASSENTED TO 8TH JANUARY, 1910.J ACT OF 1909. W HEREAS by a Proclamation dated the twelfth day PreamblE!. of' March, one thousand nine hundred and eight, made under "The .'date l!bresls and National Parks Act of 1906,'" the land comprised within the boundaries set· forth in the said Proclamation, situated in the county of March, parish of' Tuchekoi, being an area of six thousand five hundred and t>eventy acres, was permanently reserved and declared to be a State Forest; and whereas it is expedient that those parts of such State Porest being a total area of four thousand one hundred and ninety acres or thereabouts, comprised within the boundaries set forth in the Schedule to this Act, should be excluded from the said State Forest and be made available for selection under the Land Acts: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and con- sent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act mp.y be cited as "The Tuchf!koi State Short title. Forest Amendment of Boundaries Act qf 1909." '*' 47 Vie, supra, page 2725. :t: 55 Vic., supra, page 448 to ]I 4 Vic. No. 18, supra, page 2246. G t 53 Vie, supra, ptge 3365. § 8 Wm. IV. No. 7, supra, page 2242. -J' 6 Edw. VII. No. 20, supra, page 9058.