Wesleyan Methodist Trust Property Act 1853


Queensland Crest
Wesleyan Methodist Trust Property Act 1853

An Act to Authorise the Conveyance of all Lands vested in Trustees on behalf of the Wesleyan Methodist Society by the Trustees thereof upon the Trusts contained in the Model Deed of the said Society

Preamble

WHEREAS by an Act of the Governor and Legislative Council of New South Wales passed in the second year of the reign of Her present Majesty Queen Victoria intituled “An Act to Regulate the Temporal Affairs of the Religious Societies denominated Wesleyan Methodists Independents and Baptists” after reciting among other things that with regard to chapels and ministers’ dwellings of the said religious societies it was expedient to make further provision for creating a succession of properly qualified Trustees according to the usages and regulations of the said societies respectively and for defining the manner in which the trusts thereby created should be fulfilled It was enacted that as soon as any chapel or chapel and minister’s dwelling belonging to the aforesaid societies respectively should be erected it should be lawful for the Trustees or the survivor of them or the heirs of such survivor to convey the said trust premises to other Trustees upon the trust stated and set forth in a model deed of such society to be enrolled in the Supreme Court of New South Wales within two years after the passing thereof And whereas land has from time to time been granted by the Crown to Trustees on behalf of the said religious society denominated Wesleyan Methodist in trust for the erection of school-houses and for other purposes and there is no provision in the deeds of grant of the said land nor in the hereinbefore recited Act for the appointment of Trustees in the place or stead of any Trustees who might die or become otherwise incapacitated to act And whereas it would be expedient to extend the provisions of the said hereinbefore recited Act Be it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof as follows—

1Original Trustees authorised upon the request of three members of the society to convey trust premises to any Trustees not less than three elected according to the usages of such society

It shall be lawful for the person or persons to whom any land or hereditaments have been or shall or may hereafter be granted or conveyed by the Crown or by any person whomsoever for any estate or interest upon trust for or for the use of the said religious society denominated Wesleyan Methodist and for the survivors or survivor of such persons or their or his heirs and assigns and he or they are hereby authorised and required at any time upon the request in writing of any three or more of the members of the said society to convey the said trust premises lands and hereditaments to any number of Trustees to be nominated and elected according to the usages of the said society not being less than three and to their heirs and assigns in order that the same trust premises lands and hereditaments may be fully and completely vested in such Trustees their heirs and assigns upon the trusts and for the ends intents and purposes and with under and subject to the powers provisoes agreements and declarations mentioned expressed and declared in the model deed of the people called Methodists late in connection with the Reverend John Wesley bearing date the twenty-seventh day of February one thousand eight hundred and forty and enrolled in Her Majesty’s Supreme Court of New South Wales on or about the eleventh day of August of the same year Provided always that it shall be lawful for any one or more of the person or persons to whom any such lands shall have been originally granted or conveyed upon trust for the said religious society to act a new Trustees or Trustee if and when duly nominated and elected as aforesaid for that purpose and the said trust premises lands and hereditaments may be re-vested in or retained by him or them either alone or in conjunction with another Trustee or other Trustees in the same manner as if he or they had not been originally a Trustee or Trustees of the said land so required to be conveyed as aforesaid.