New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 8)
Upon trust that the church being persons for the time being united together in fellowship forming a Christian church of the Congregational or Independent denomination and called church members shall be permitted to erect on the land a church building vestry schoolhouse parsonage offices and other buildings with all necessary appendages in such form and at such period or periods as they may think proper and direct.
Upon trust to permit the said premises to be used occupied and enjoyed as a place for the public worship of God according to the usages of the Congregational denomination commonly called Independents under the direction of the church for the time being assembling for worship therein and for the instruction of children and adults and for the promotion of such other religious or philanthropic purposes or for the residence of the pastor or other persons as the said church shall from time to time direct And under the direction of the said church to permit the said premises to be repaired altered enlarged taken down and wholly or partially rebuilt or any other buildings to be erected on the said ground so as to render the said premises better adapted for the accomplishment of the purposes aforesaid.
And upon trust to permit the persons appointed for that purpose by the said church to receive all moneys and subscriptions given or paid for the use of pews and sittings or otherwise contributed for the purposes aforesaid which moneys and subscriptions shall in the first place be applied in the discharge of all interest on borrowed moneys premiums for insurance against fire trustees’ expenses and other claims properly payable thereout and the residue thereof shall be applied for the maintenance of Divine worship in the said premises and other the purposes of these presents as the said church shall from time to time direct.
And upon trust to permit such persons only to officiate in the said premises as stated pastors as shall be of the denomination aforesaid and shall hold the doctrines set forth in Schedule 1 and shall (except as to the present pastor) have been chosen by the said church And shall not permit to officiate in the said premises as a stated pastor any person who shall be guilty of immoral conduct or who shall cease to be of the denomination aforesaid or who shall cease to hold the said doctrines or who shall have been removed from his office by the said church.
And upon trust to permit such occasional ministers or other persons to officiate in the said premises as the stated pastor shall appoint or if there be no pastor as the deacons or deacon thereof shall (unless the said church shall otherwise direct) appoint.
And upon trust to raise such sum or sums of money when and on such terms as shall be directed by the said church by deposit of the title deeds or by mortgage (with or without powers of or trusts for sale) of the said premises or any part thereof and to execute all proper assurances for that purpose.
And when and in such manner and on such terms and subject to such conditions as to title or otherwise as shall be directed by the said church absolutely to sell the said premises or any part thereof either together or in parcels by public auction or private contract or partly in each mode or to exchange the said premises or any part thereof for other premises and in the said respective cases to assure the same accordingly.
And upon trust to stand possessed of the money which from time to time shall be received on any sale mortgage or exchange made in pursuance of these presents upon trust after making provision for the payment of all charges upon the trust estate and of the expenses incurred by the Fellowship to invest lay out or dispose of the same in such manner and for such purposes for the benefit of the said church and in accordance with the tenor of these presents in the improvement of the trust property the enlargement repair or building of the trust premises and the purchase of other property or properties or any of them or otherwise as shall be directed by the said church.
And upon trust to demise the said trust estate or any part or parts thereof for such period at such rent and upon such terms and conditions as shall be directed by the said church and that the rent and other money arising therefrom shall be applicable in the manner prescribed in clause 3 with respect to the money therein mentioned and that the reversion of the trust estate shall be subject to all the powers of sale mortgage and exchange and the directions and trusts relating thereto as hereinbefore or hereinafter contained.
Provided always that a receipt under the seal of the Fellowship and signed by two members of the Committee for any mortgage sale exchange rent or other moneys payable in respect of the said trust premises or the receipt of the duly appointed agent of the Fellowship for rent so payable shall exonerate the persons taking the same from all liability to see to the application thereof and that it shall not be incumbent on any mortgagee purchaser or tenant of the said premises or any part thereof or on any person taking the same in exchange to inquire into the necessity or propriety of any such mortgage sale letting or exchange or its authorisation by these presents or into the due election of any new trustees or trustee hereunder.
Provided also that (in addition to and without prejudice to the power hereinbefore contained) in case the Fellowship shall pay any money for which they or any other person shall be liable in relation to the trusts in this Schedule contained and the same shall not be duly provided by the said church or otherwise than by the Fellowship it shall be lawful for the Fellowship without the consent or direction of the said church or any member thereof after the expiration of six calendar months written notice from the secretary of the Assembly duly authorised in that behalf requiring payment of such money and stating the intention of the Fellowship in case of default to mortgage or sell the said premises as hereinafter mentioned given to the then pastor for the time being of the said church if there shall be such pastor and to the deacon if there shall be one and only one or if there shall be more than one deacon to at least two deacons for the time being the said church or if there shall be no such deacon or deacons to at least two members of the committee or other body for the time being if any appointed by the said church to act instead of deacons and also affixed to the doors of the said church building on three successive Sundays to mortgage or sell all or any part of the said trust premises when and in such manner in all respects as the Fellowship shall think proper and out of the proceeds thereof to pay all expenses of and incident to such mortgage or sale and fully to reimburse and indemnify the Fellowship so liable and then to dispose of the net residue thereof (if any) in such manner and for such religious purposes (not tending to the promulgation of doctrines inconsistent with those set forth in Schedule 1) as are provided in clause 3 And it is hereby declared that it shall not be incumbent on any mortgagee or purchaser whose title shall be founded on this clause to inquire into the necessity for or propriety of any such mortgage or sale or as to the fact of such notice having been given as aforesaid.
That every assembly or church meeting to be hereafter convened for direction or fulfilling any of the purposes aforesaid shall be called by a notice of the object of such meeting together with the day hour and place of holding such meeting which notice shall be signed by the pastor for the time being or in case of his neglect for fourteen days or absolute refusal after request in writing made by five members of the church or in case of there being no pastor then by the same number of members and be posted on the door of the church building used for public worship on the hereditaments hereby vested or hereafter acquired on at least two successive Sundays immediately preceding the day on which such meeting shall be appointed to take place and shall if practicable be read during some part of each of the public services held on the same two Sundays on the trust premises and that no direction shall be considered to have been given until such meeting shall have been called in the way prescribed and the majority of the church members present and voting at such meeting shall have passed a vote or votes in accordance with the proposed object and presented a request in writing under the signature of the chairman of the meeting so held to the Fellowship.
That only the members present at any such meeting of the age of eighteen years and upwards shall be allowed to vote and that no person who shall have been admitted as an occasional communicant or who shall not have been a member of the church and shall not have been so inscribed on the church books for the space of three calendar months immediately prior to such meeting shall be entitled to vote or take any part in any of the church matters aforesaid.
That the chairman of every such meeting as aforesaid shall be the pastor of the church or in the case of his refusal absence or incapacity or of there being no pastor then a person chosen by the major part of the members present at the meeting and that the chairman of such meeting shall not have a deliberative vote but in case of an equality of votes on any question shall have a casting vote.
That the administration of the affairs of the said church shall not except as herein specifically directed be in any manner affected.
Provided also that if at the time of the execution of the conveyance of the land to or the vesting of land in the Fellowship or at any time thereafter there shall be no such church as aforesaid formed or established in the district where such land is situate the Fellowship shall until such church be formed or established as aforesaid have power and authority to perform and do all things necessary for the carrying out of the trusts aforesaid as fully and effectually to all intents and purposes as if such church existed and consented thereto or directed the same to be done and performed.
Provided also that if no such church be formed within five years from the vesting of the land in the body corporate or if any church shall be dissolved or dispersed and not be again formed within six calendar months next thereafter or if the stated public worship of God in the said premises shall be discontinued for two years together then and in either of the said cases upon trust to let sell or otherwise dispose of the said premises or any part thereof and to deal with the net moneys received for or in respect of the same in such manner and for such religious purposes (not tending to the promulgation of doctrines inconsistent with those set forth in Schedule 1) as shall be directed by the Fellowship.