Primitive Methodist Church Property Act of 1897 (NSW)

282   Act No. 40, 1897.

Primitive Methodist Church Property.

Act No. 40, 1897.

Primitive All Act to ameiicl thc PriiiiitiYC Methodist Church Temporalities Act, 1879, and to grant powers of dealing’ with properties held on trusts for the benefit of the said church discharged from trust in certain events, and for other purxioses

Methodist Church n . , . i ^ t i i

P roperty.

incidental thereto. [10/A December, 1897.]

Preamble. T ^T IIE U E A S with regard to churches, chapels, ministers’ dwellings,

schoolrooms, burial grounds, glebe, or other lands of the Primitive Methodist Church, it is expedient to make better provision for creating a succession of properly qualified trustees : And wdiereas by reason of change of circumstances, unsuitability of site, or other cause or causes it is or may be impossible or undesirable to carry out or continue to carry out the trusts declared concerning some of the said lands or buildings, or of moneys held on trust for the said church : And it is also desirable that powders should be given for the beneficial use of others of the said lands or buildings until the same shall be required for the purjioses for wdiich the same have been or may be granted; and it is desirable to provide for other contingencies herein­ after mentioned : Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of Xcw South "Wales in Parliament assembled, and by the authority of thc same, as follows ;—

T V

Appointment of 1. Where any lands shall have been or shall hereafter be vested

new trustees.

in any person or persons as trustees for the benefit of the Primitive Methodist Church, and a vacancy or vacancies shall occur or have occurred in the said trust by reason of the death, resignation, refusal or incapacity to act, or removal of any trustee or trustees, or from any other cause, it shall be lawful for the district committee or the annual assembly of the Primitive Methodist connexion in the said Colony to declare the existence of such vacancy or vacancies, and thc district committee or annual assembly may thereupon or at any time thereafter proceed to elect a new trustee or trustees as the case may require, and the filling up of such vacancy or vacancies shall be fortliAvith notified in the Gazette under the hand of the president of the said connexion in the Colony for the time being laAvfvdly appointed and recognised, and the said trust projjerty shall, thereupon, without further assurance, vest in the said trustee or trustees so appointed, either solely or jointly with the suiwiving or continuing trustee or trustees as the case

may be. 2.

Act No. 40, 1897. 283

Primitive Methodist Church Property.

2. From and after the commencement of this Act in any case Disposal of money,

in which lands, churches, chapels, ministers’ dwellings, schoolrooms, oflamn.’&cTii glehe lands, or other huihlings or hereditaments belonging to or situate express trusts, within tlic limits of any circuit or mission, or otherwise within thc

jurisdiction of thc New South Wales district of thc Primitive Methodist connexion now existing, or which may hereafter he created, arc now or may hereafter he vested in trustees, and arc or may he held upon any express trust for thc use and heneflt of thc Primitive Metliodist Church, and hy reason of circumstances which have occurred since the creation of any sucli express trust it has, in thc opinion of the district committee, or of thc annual assembly of thc said cliurch, heconie impossible or inexpedient to carry out and observe thc particular purpose or purposes to which such lands, churches, chapels, ministers’ dwellings, sclioolrooms, glebe lands, or other lauds, buildings, and hereditaments, or any of them, arc hy such trusts devoted, it sliall he lawful for the district committee, or thc annual assembly aforesaid, hy resolution (passed according to thc regulations of thc Primitive Methodist connexion), to declare such opinion, and hy thc same or any subsequent resolution to direct tliat any such land, buildings, or hereditaments shall he sold, demised, mortgaged, or let on mining, building, or occupation leases, including thc laying out and dedicating of streets, or otherwise dealt with, freed from such trusts, and such trusts shall thereupon, by force of thc said resolution, cease and determine.

3. If it shall at any time appear to the trustees, or a majority Mougago of lands,

of tlicm, or to tlie district committee or annual asscmldy, that it is expedient to olitain an advance of money upon thc security of any such lands, buildings, or hereditaments for thc purpose of carrying out and giving effect to the trust or substituted purpose attached to tlic same, and such trustees, or district committee, or annual assembly sliall, hy resolution, so declare it shall he lawful for thc trustees, or a major part of them, subject always to the approval of thc district committee or annual assembly, hy resolution as aforesaid, to direct that such lands, buildings, and hereditaments shall or may ho mortgaged for such amount as they shall or may thcrchy authorise to he obtained hy way of advance on thc security of thc same, and that thc amount to ho raised shall he applied for or towards thc purposes in this section mentioned.

4. Whenever it shall appear to the district committee or annual Lands, kc., may be

assembly aforesaid, and thc district committee or annual assembly min';",.'"oroccupation shall so declare that it is expedient to let on building, mining, or Lasos for purposes of occupation leases any such lands, buildings, and hereditaments as

hcrciuhcfore mentioned for the purpose of obtaining income therefrom in furtherance or aid of the trusts attached to the same, or in furtherance or aid of some substituted purposes to Avhich thc said district committee or annual assembly shall lia o determined to apply thc same in cases wherein it shall, in thc declared opinion of thc said district committee

284   Act No. 40, 1897.

Primitive Metliodist Church Property.

or annual assembly, be or liave become impossible or inexpedient to carry out tbe particular purpose or purposes to wliicli the said land, buildings, and liereditaments were devoted by trust, it shall be lawful for tbe said district committee or annual assembly from time to time, by resolution passed in like manner as hereinbefore mentioned, to direct that the said land, buildings, and liereditaments shall be let on mining, building, or occupation leases, including the laying out and dedicating of streets and public places, or be otherwise dealt with for procuring income therefrom as aforesaid, and that the income to bo derived therefrom shall be applied in furtherance or aid of thc said trust or substituted purposes in such manner as shall in such resolution be specified freed from such trusts, as the case may be, if thc said district committee or annual assembly shall have so required; and in that case such trust shall by force of such resolution cease and determine.

Consent of private	5. Provided always and it is hereby enacted that the powers given in sections two, three, and four of this Act shall in thc case of lands, buildings, or hereditaments, or of proceeds, rents, or moneys arising from lands, buildings, or hereditaments which have been gratuitously granted or assured upon trust for or for the use and iDencfit of the Primitive Methodist Church by any private donor be subject to thc consent previously had and obtained of such donor if living or the like consent of his lawful personal representatives if he be dead, and if his gratuitous grant or assurance upon trust shall have been made within twenty years.
donors.
ITow sale to bo	6. '\Yhcncver any such direction as aforesaid shall have been given, the trustees shall forthwith carry out such direction, and shall execute and do all necessary deeds, conveyances, assurances, mortgages, leases, or other instruments, acts, and things for giving full and com­ plete effect to such direction in accordance with the true intent and meaning of the resolution by which such direction shall have been given. And every deed, conveyance, assurance, mortgage, lease, and other instrument, act, or thing so executed or done by the said trustees in exercise of thc authority of this section conferred upon them shall fully and effectually vest such real and personal property, both at law and in equity, for the estate and interest mentioned in and purporting to be granted and assured by such deed, conveyance, mortgage, lease, or other instrument, act, or thing in and upon thc person or persons accepting the same to all intents and purposes whatsoever, and that freed aiid absolutely discharged from the trusts upon which such real and personal property had theretofore been held.
carried out.
Non-liability of
2)ureliasers.	7. No purchaser, mortgagee, lessee, or other person, upon any sale, mortgage, demise, or other proceeding purporting to be made under the powers granted by this Act, shall be concerned to sec or enquire into the necessity or propriety thereof, or the mode of exer­ cising the same, or be affected by notice that the exercise of the power

is

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Primitive Methodist Church Property.

is unautlioriscd, irregular, or improper, nor to sec to the application or disposition of any purchase, mortgage, or other money or rent paid hy him.

8 . The moneys arising from any such sale, mortgage, lease, or Moneys to wiiom

other dealing as aforesaid, and all money mentioned in such direction, sliall he paid to thc trustees or to such other person or persons as the resolution hy ivliich such sale, mortgage, lease, or other dealing may have heen autlioriscd may direct. And the receipt of the said trustees or other person or persons as thc case may he shall he an effectual discharge therefor.

9. I t shall he lawful for the district committee or annual Applic ation of

assembly hy any such resolution as aforesaid, or by any subsc- quent resolution passed in like manner and from time to time, but subject to thc proviso contained in thc fifth section of this Act, to direct how and in what manner any proceeds, rents, and other moneys arising from any such sale, demise, or dealing as aforesaid shall lie dealt Avith and applied, and the same shall bo dealt AAuth and applied accox’dingly; Provided that such proceeds, rents, and other moneys shall (after payment thereout of all proper expenses) be dealt Avitli and applied for the use and benefit of the Primitive Methodist Church in the circuit or mission for the benefit of which the land, buildings, or liereditaments from Avhich such proceeds, rents, or other moneys shall have arisen may be or may have been held in trust, or for Avhich such moneys arc held in trust, and for thc same purposes as nearly as may be for Avhich the said lands, hereditaments, and moneys had been previously held, unless thc district committee or annual assembly shall by any such resolution as aforesaid, or by any subsequent resolution passed in like manner, declare that, by reason of circum­ stances Avhich have occurred since thc creation of thc express trust upon Avhich thc said lands, buildings, hereditaments, or moneys arc held, it is, in thc opinion of thc district committee or annual assembly, impossible or inexpedient to apply thc said proceeds, rents, or moneys in such circuit or mission for the same or like purposes, in Avhich case the said proceeds, rents, or moneys may (after payment thereout of all pro])cr expenses) be dealt Avitb and applied for the use and l;cncfit of the Primitive Methodist Church for some other purpose than as before-mentioned, and in any other portion of the district.

10. Pending the application of any moneys to arise as aforesaid Temporary

thc same maybe invested by the said trustees or other person	""‘■Ainmua.
persons authorised to receive the same as aforesaid, as thc case may be, in Government or real securities in the said Colony, or on fixed deposit in any bank.

11. This Act may be cited for all purposes as thc “ PrimitAc Sho.-t iitie.

Methodist Church Property Act of 1897.”

Act