ANNO QUIXQUAGESIMO SECUNDO
VICTORIA REGINE
An Act to adapt and assimilate the Trusts of Wesley an Methodist Church Properties in N e w South Wales to the present con stitution of such Church in the said Colony, and for other collateral purposes. [30th April, 1889.]
| WH E R E A S | Counci l of New South Wales , second Victor ia n u m b e r | seven, to |
| an A c t was passed | by t h e Governor | and Legis la t ive |
| regu la te t he religious affairs | of the Wes leyan Methodis ts , | I ndependen t s , |
| a n d Bapt is ts , | whereby | t he t rus tees | appointed | u n d e r | ano the r | and |
| previous | A c t of such | Legis la ture , | seventh | W i l l i a m the F o u r t h | n u m b e r |
th ree , were author ized to t ransfer cha t te l s and lands held by t h e m to new t rus tees , to he held upon t rus t s stated in any model deed recognised and establ ished by the usages of each par t i cu la r society. A n d whereas an i nden tu r e of release, bear ing date the twen ty-seven th day of F e b ruary , one thousand e ight hundred and forty, and made or expressed to be made be tween J o h n J e n k i n s Peacock, W i l l i a m J o h n Munce ,
| Jos iah | Atwool , | Sizar El l iot t , | and J a m e s | Chapman , the re in | described |
| of | t he first | p a r t ; | Joseph W i l l i a m | Brown, W i l l i a m | Bowe, | and | J o h n |
| Jones , there in described of t he second p a r t ; | Jos iah Atwool , Thomas |
| W h e a t o n | Bowden, | J a m e s | Blanch , M a r k | Blanchard , | J a m e s | Chapman, |
| Sizar | El l io t t , | Wi l l i am | Hebblewhi te , | Lance lo t | I reda le , | J o h n | Jones , |
W i l l i a m M a t t h e w s , Wi l l i am J o h n M u n c e , J o h n Neale , J o h n J e n k i n s Peacock, George Smi th , and J o h n Von Mungerhoussen Weiss , there in described of t he th i rd p a r t ; and Samuel Moore M u n c e , there in described of the fourth par t , Avas duly enrolled in t h e Supreme Cour t of N e w
South
South "Wales, in pur suance of the provisions of the said recited Act , as t h e model deed of t h e said society, denomina ted Wes l eyan Methodis ts , and t h e he red i t ament s and premises the re in comprised were the reby conveyed ( inter alia) upon t ru s t to pe rmi t such persons only to p reach and perform t h e usua l acts of religious worship there in , as should be du ly appoin ted b y or unde r t h e au thor i ty of the Eng l i sh Conference, and such model deed is here inaf ter referred to as t h e " Mode l Deed for t he Wes lcyans of N e w South W a l e s . " A n d whereas most of t h e C h u r c h lands in N e w South W a l e s have been conveyed or set t led upon the t rus ts of such model deed, as to those not unde r t h e opera t ion of t he " I l ea l P roper ty A c t , " by means of conveyances refer r ing to such t rus ts , and as to those unde r t h e operat ion of such A c t by the t rus tees as t h e regis tered propr ie tors thereof execu t ing separate
| declarat ions of t rus t s . | And whereas t h e said society denominated |
| Wes leyan Methodis t s | (hereinafter | called t he Wes leyan | Method i s t |
| C h u r c h | in N e w South Wales) has a lways formed an in tegra l por |
| t ion | of t h e Aus t ra las ian | Wesleyan | Methodis t | Church as const i tu ted |
| from t ime to t ime by the Eng l i sh | Conference. | A n d whereas | such |
| Aust ra las ian | Wes l eyan | Methodis t | C h u r c h | has | now | a | separate |
and independent const i tu t ion approved of by the said Eng l i sh Conference;, and is now divided in to four A n n u a l Conferences, respec t ively called " The New South Wales and Queens land Conference," " T h e Victoria and Tasmania Conference ," " T h e South Aus t r a l i an Conference" and " The New Zealand Conference," such a n n u a l Confer ences be ing comprised in and governed by a Genera l Conference assembl ing once every th ree years , or a t such other intervals , more or less, as i t m a y deem expedient , each A n n u a l Conference h a v i n g a m o n g other th ings , the power of appo in t ing its own Minis te rs—a copy of which const i tu t ion and also a copy of a cer ta in deed poll of J o h n
| Wesley , hereinaf ter referred to, are set for th in t h e Schedule to | " T h e |
| Wesleyan | Methodis t Model | Deed | of | N e w | South | W a l e s , 1 8 8 8 , " also |
hereinafter par t icu la r ly ment ioned. A n d whereas, by t h e a u t h o r i t y of t h e Genera l Conference held in November , one thousand e igh t hund red and eighty-four , and wi th t h e sanct ion and appproval of t h e said Engl i sh Conference a new model deed has been prepared and adopted by the N e w South W a l e s and Queens land Conference, con ta in ing t rus t s and provisions adap ted and assimilated to t h e p resen t
| cons t i tu t ion of | t he Wes leyan Methodis t Church in N e w South "Wales, |
to t h e end a n d in t en t t h a t all lands be long ing to , or held on behalf of such Church , m a y hereafter be held upon such t rus t s and pro
| visions and discharged from all previous t rus t s . A n d the said | N e w South W a l e s and Queens land Conference has also been du ly |
| invested by the said Genera l Conference, wi th t he approva l of t h e Engl i sh Conference, with full au thor i ty to obta in an A c t of t h e Legis la ture of N e w South W a l e s to a t t a in t h a t object . And whereas such new model deed is dated t he n i n t h day of J u l y , in t h e year of our Lord one thousand e igh t hund red a n d e ighty- eight, and is m a d e or expressed to be made between E l l e n Scho- field, of Wavcr ley , near Sydney, in t in 1 Colony of Now South Wales , widow, of t h e first p a r t ; the Reverend George Lane, the R e v e r e n d |
| Jabez B u n t i n g | Wate rhouse , the | Reve rend | Joseph | H o r n e r | F le tcher , | |
| t he Reverend | Joseph | Oram, the Reverend W i l l i a m Kelynack , D .D. , | |
| the | Reverend | W i l l i a m | Clarke 1, | t he | Reve rend | George | M a r t i n , | t h e | |
| Reve rend Wi l l i am | George R icha rds Stephinson, t he | Reve rend | R i c h a r d | |
| Caldwell , t h e Reve rend | George Brown, the Reve rend | R i c h a r d | Sellors, | |
| D .D . , t he Reve rend | Charles | Stead, t h e Reverend | J o h n | Gardiner , | t h e | |
| Reverend | Adin | Parsons , | t he | Reve rend | J a m e s | W o o l n o u g h , | P e t e r | |
| Perc iva l F le tcher , | George | Crawshaw, Ben jamin | H e r b e r t | Chapman , | t he | |
| H o n . | Ebenczer | Vickerv , | M.L .C . , | George | H u r s t , | P e t e r | Mil ler , | W a l t e r | |
W i l l i a m
| W i l l i a m | Joseph | O'Reil ly, | Thomas | P a r k e r | Reeve, | George | W i l l i a m |
| Barker , | W a l t e r | H a m i l t o n | McCle l land , | W i l l i a m | Robson, | Rohert |
| W i l l i a m Conway, Benjamin | J a m e s , J o h n | Corbet t , and Thomas | Cummins |
| (all the re in respectively described) | of t h e second p a r t ; | and | A r t h u r |
W i g r a m Allen (also there in described) of t h e th i rd p a r t ; and whereas such model deed has been duly a t tes ted , executed, and regis tered in t he office of t h e Reg i s t r a r for Deeds as n u m b e r seven h u n d r e d and fifteen, book th ree hund red and ninety-s ix , and such deed is here in referred to as " The Wes l cyan Method i s t Model Deed of N e w South Wales , 1888 . " A n d whereas i t is necessary to obta in power for car ry ing some of t h e t rus t s and provisions conta ined in such last- ment ioned deed in to effect, and for es tabl ishing a t rus tee register , whereby t h e due succession of t rus tees for C h u r c h lands m a y be ma in
| ta ined wi thou t conveyance or transfer , and for c rea t ing facilities | for |
proof. Be i t therefore enacted by the Queen ' s Most Exce l l en t Majesty, b y and wi th t h e advice and consent of t he Legis la t ive Council and Legislat ive Assembly of N e w South W a l e s in P a r l i a m e n t assembled, and by t h e au thor i ty of t he same as follows :—
| 1. | The short t i t le of th is Ac t shall be t he " W e s l c y a n | Methodis t |
| Church | P r o p e r t y | Trus t | Act , | 18S9." |
| 2. I n | t h e | in te rpre ta t ion | of this A c t | t h e following t e rms shall |
have t h e mean ings hereinaf ter respect ively assigned to them, unless
| inconsis tent | wi th | t h e | subject | or | c o n t e x t : — |
| " E n g l i s h | Confe rence" | means | t h e | Year ly | Conference | of | t h e |
| people called Methodis ts in E n g l a n d as explained | in | t h e |
deed poll of t he twen ty -e igh th F e b r u a r y , one thousand seven hund red and eighty-four, executed b y J o h n Wesley , and
| enrol led in t h e H i g h Court of | Chancery in Eng land . |
| The t e r m | " C h u r c h | l a n d s " | includes | all | lands and | premises |
in N e w South Wales of wha tever t enure , and chat te ls real which now are or m a y a t any t i m e hereafter be held in t r u s t for or on behalf of t he Wes leyan Methodis t C h u r c h in N e w South Wales , toge ther with all churches or chapels , dwell ing- houses , schools and all o ther bu i ld ings thereon, and also all f i t t ings, f ixtures, r ights , casements and appur t enances what
| ever re la t ing there to and respectively or therewi th | usual ly |
| he ld or enjoyed. |
" Custodian of D e e d s " means such person of t he Wes leyan
Methodis t Church in N e w South Wales as may from t ime to
t ime be appoin ted in t h a t capacity by the N e w South W a l e s
| and Queensland Conference, and " A c t i n g Custodian of | Deeds " means such person as may be appointed to such office |
by t h e Pres ident for t he t i m e be ing of t he New Sou th Wales
and Queens land Conference. |
| The words " legal proceedings " shall inc lude all proceedings whatever , whe the r pre l iminary | or | ini t ia tory, in ter locutory | or |
| final in any Cour t of Jus t i ce or before t he | Reg i s t ra r -Genera l |
| or | E x a m i n e r s | of | Ti t le . |
| " N e w | South | W a l e s | and | Queensland | C o n f e r e n c e " | means | t h e |
| A n n u a l | Conference of t he Aust ra las ian | Wes l eyan | Methodis t |
C h u r c h for the t ime being embrac ing wi th in i ts jur isdic t ion t he Colony of N e w South Wales , whe the r alone or combined as a t present w i th ano ther Colony, such A n n u a l Conference
| being duly cons t i tu ted by t h e Genera l | Conference. |
| 3. The Reg i s t r a r -Genera l | of N e w | South W a l e s | is hereby | em |
powered and directed to enrol in his office " T h e Wes l eyan Methodis t Model Deed of N e w South Wales , 1888 , " here inbefore referred to, w h e n such deed is presented or t endered to h i m for t h a t purpose by or on behalf of t h e Pres iden t for t he t ime be ing of t he N e w South W a l e s
and
a n d Queens land Conference, and a p r in ted copy of t h e said deed, certified by t h e Cus todian of Deeds, shal l also be lodged "with t h e
| Reg i s t ra r -Genera l | in | t h e | L a n d | Tit les | Office. |
| 1. | Al l Church lands held | before | t he c o m m e n c e m e n t | of | th is A c t |
| u p o n the t rus t s of | t h e " M o d e l Deed for | t h e Wesleyans of N e w | Sou th |
W a l e s , " and al l Church lands wh ich have been acqui red or shal l here after be acquired by gift, purchase , devise, bequest , or otherwise, for t h e Wes l eyan Methodis t Church , wi thout a n y special t rus t s be ing a t t ached there to , b u t subject to any mor tgage , charge , incumbrance , lien, or lease affecting the same, shall, after t he coming in to operat ion of th is Act , be conveyed or t ransfer red to, a n d be held upon the t rus ts , a n d subject to the provisions of " T h e Wes leyan Methodis t Model Deed of N e w South Wales , 1888 , " or a n y fu tu re a l te ra t ion or modifi cation thereof, wh ich shal l have been or shall be du ly authorized by t h e said N e w South W a l e s a n d Queens land Conference, w i th t h e approva l of t he said Genera l Conference. A n d the Reg is t ra r -Genera l is he reby author ized, where t h e C h u r c h lands acquired or to be acqui red are held unde r t he " Rea l P roper ty Ac t , " to register any transfer , and to issue certificate or certificates of t i t le in t he names of t h e t ransferees the re in ment ioned, or any subsequen t t rus tees thereof, subject to t h e provisions of " The Wes l eyan Methodis t Model Deed of
| N e w | Sou th | Wales , | 1 8 8 8 . " |
| 5. | W h e r e any sale, mor tgage , exchange , | or lease of any | C h u r c h |
lands shall be made in pursuance of, and in conformity to such t rus t s , in case such Church lands shall n o t be u n d e r t h e operat ion of t he " Rea l P rope r ty A c t , " t he conveyance, mor tgage , exchange , or lease thereof, and all o ther deeds and documents necessary for effectuating such sale, mor tgage , exchange , or lease, if executed by a major i ty of t h e t rus tees for the t ime be ing of t h e said Church lands named in t h e register of t rus tees hereinafter ment ioned, shall be deemed to pass t h e legal estate there in as fully a n d effectually as if all t he t rus tees in w h o m t h e legal estate was vested had joined in, executed, or m a d e such convey ance, mor tgage , exchange, or lease. And , in case such C h u r c h lands shal l be unde r t h e operat ion of t he " R e a l P rope r ty Ac t , " t he t ransfer , mor tgage , exchange , or lease thereof, and all o ther necessaiy documents shall be as effectual if s igned by a major i ty of the t rus tees for t h e t ime being of such C h u r c h lands n a m e d in such regis ter of t rus tees , as if such transfer, mor tgage , exchange , or lease, or other document had been du ly signed by al l t h e t rus tees or regis tered proprietors thereof : Provided a lways t h a t t h e t rus tees m a k i n g a n y
| such transfer , conveyance, mor tgage , exchange , lease, or other docu |
| m e n t | shall consist of no t less t h a n th ree in n u m b e r : | Provided also |
t h a t a n y t rus tee absent from the Colony m a y jo in in, m a k e , and execute any such conveyance, t ransfer , mor tgage , exchange , lease, or o ther documen t as aforesaid by his a t torney, duly appointed by h i m
6. The Custodian of Deeds for t h e t ime be ing appointed b y t h e N e w South Wales and Queens land Conference to act in t h a t capaci ty on behalf of t he Wesleyan Methodis t C h u r c h in N e w Sou th Wales , or t h e A c t i n g Custodian of Deeds for t h e t ime be ing here in after ment ioned , shall keep, or cause to be kept , a regis ter of t rus tees of t h e several Church lands , and such regis ter shal l be called and inscribed as " The Wes l eyan Methodis t Church Reg i s t e r of Trustees for N e w South W a l e s , " and shal l be in t he form or to t h e effect contained in t h e F i r s t Schedule h e r e t o ; and such Custodian of Deeds or A c t i n g Custodian of Deeds shall wi th all reasonable despatch en te r or cause to be entered in such register of t rus tees t he names , addresses, a n d occupat ions of t h e present t rus tees of such C h u r c h
| lands , w i th all o ther pa r t i cu la r s | indicated by the | said | Schedule , and |
such
such Cus todian of Deeds or A c t i n g Cus todian of Deeds shall f rom t ime to t ime, upon the appo in tmen t of any new t rus tee or t rus tees of any C h u r c h lands , insert or cause to be inser ted in such regis ter of t rus tees t h e name , address, and occupat ion of such new t rus tee or t rustees, and how the vacancy in t h e t rus t occurred, w h e t h e r by dea th or otherwise, and the da te of t he appo in tmen t of t h e new t rus t ee or t rus tees , and also t h e date of inser t ion of his or the i r n a m e or names in such register of t rustees , and such Custodian of Deeds or A c t i n g Custodian of Deeds shall s ign his n a m e in such register of t rus tees , in t h e proper co lumn, in t h e same line wi th t h e n a m e of every t rus tee (old and new) , to au then t ica te t he due appoint m e n t of each t rus tee . A n d such Custodian of Deeds or A c t i n g Custodian of Deeds m a y a t any t ime or t imes issue a certificate, in t he form or to t he effect in t h e Second Schedule here to , unde r his hand , s ta t ing who is or are t h e t rus tee or t rus tees of any par t i cu la r Church lands specified there in a t t h e date of such certificate, or who •was or were such t rus tee or t rus tees a t a n y par t icular da te specified in such certificate, and such regis ter of t rus tees shal l on all reason able occasions be open to t h e inspect ion of t h e m e m b e r s or adheren t s of t he said Church and all others interested there in .
7. The Custodian of Deeds for t he t ime being, or t he Ac t ing Custodian of Deeds for t h e t ime being, hereinafter ment ioned , shall have full power a t any t ime to a m e n d the register of t rustees, by rectifying any error or supplying any omission therein, and shall init ial such a m e n d m e n t and affix there to t he date t he same was made , and shall not erase or render illegible t he pa r t so rect i f ied; and t h e regis ter so amended shall have all t he val idi ty and operat ion by this
| A c t conferred | u p o n the regis ter of | t rus tees . |
| 8. On t h e insert ion and au then t i ca t ion as aforesaid in t he | said |
regis ter of t rustees of t he n a m e or names of any n e w t rus tee or t rus tees of any Church lands not unde r t h e operat ion of t h e " I lea l P rope r ty A c t , " the es ta te in such Church lands of the t rus tee or t rus tees in whose place such new t rus tee or t rus tees shall be appointed , shall fo r thwi th vest in such new t rus tee or t rus tees solely or joint ly ,
| as t h e case may be, w i th t h e con t inu ing | t rus tee or | t rus tees | (if | any) |
for t he same esta te and interes t as the former t rus tee or t rus tees had therein , and upon and subject to t he same t rus t s , w i thou t any convey ance or a s s ignment whatsoever ; and on t h e insert ion and au then t i ca -
| t ion as aforesaid in t he said regis ter of t rus tees of the | n a m e or names |
| of any n e w t rus tee or t rus tees of | Church lands u n d e r t h e operat ion of |
| t he | " I lea l | P rope r ty | A c t , " | such | new t rus tee | or t rus tees , | toge ther |
| w i th t he con t inu ing | t rus tees (if any) | shall for | all purposes be | t a k e n |
to be the t rus tee or t rustees for the t ime be ing thereof. A n d the t rus tee or t rus tees for the t ime being appear ing by the regis ter of t rus tees to be t he t rus tee or t rus tees of any C h u r c h lands unde r t h e " I l ea l P rope r ty A c t " shall be ent i t led to be entered or registered in t he register book kep t unde r t he provisions of such A c t as t h e proprietor or proprietors thereof wi th in t he m e a n i n g of t he said A c t wi thou t a n y formal transfer, and to have a certificate of t i t le issued to h i m or t hem, or in his or the i r n a m e or names , as such proprietor or proprietors , b u t subject to t he said " Wes leyan Methodis t Model Deed of N e w Sou th Wales , 1 8 8 8 " and to a n y t h e n subsist ing mor tgage , lien, incumbrance , or lease.
9. The entr ies in t he regis ter of t rus tees authorized by section six of this A c t to be made the re in when au then t i ca ted by t h e s igna ture of the Custodian of Deeds for t h e t ime being or t h e A c t i n g Custodian of Deeds for t he t i m e being, and a n y ex t rac t p u r p o r t i n g to be an ex t rac t from such regis ter of t rus tees in t he form or to t h e effect in the Second Schedule here to certified unde r t h e h a n d of such Custodian of