Victorian Consolidated Legislation

Free Presbyterian Church Property Act 1953 - SECT 3

Incorporation

3. Incorporation



(1) There shall be a body corporate by the name of "The Trustees for Victoria
of the Presbyterian Church of Eastern Australia" consisting of the Trustees
appointed by or under this Act; and the body corporate shall have perpetual
succession and a common seal and under that name may sue and be sued prosecute
and defend and take and suffer all other proceedings in all courts civil and
criminal.

(2) The body corporate may subject to this Act from time to time-

   (a)  take purchase receive hold and enjoy real and personal property of any
        description whatsoever and also sell grant exchange convey demise
        reserve or grant easements over or otherwise dispose of or deal with
        either absolutely or by way of mortgage charge lien or other
        encumbrance any of the property real or personal which may at any time
        belong to or be vested in the body corporate;

   (b)  sell any real or personal property for the time being vested in it or
        any interest therein by public auction or private contract at such
        price and upon such terms as to payment of purchase money and on such
        conditions and subject to such restrictive covenants and generally in
        such manner as is thought fit and convey transfer or assign the same
        to the purchaser or purchasers thereof or as he or they directs or
        direct and the property so conveyed transferred or assigned shall
        thereupon be absolutely freed and discharged from the trusts affecting
        the same;

   (c)  construct erect maintain repair alter add to destroy or replace any
        buildings fixtures chattels plant or equipment or permit the same to
        be done with respect to any such buildings fixtures chattels plant or
        equipment;

   (d)  borrow or secure the payment of any sum or sums of money and for that
        purpose mortgage or charge any real or personal property for the time
        being vested in it;

   (e)  insure any buildings or other property or persons against all such
        risks liabilities and eventualities as may seem advisable;

   (f)  draw make accept indorse execute discount and issue promissory notes
        bills of exchange and other negotiable transferable or mercantile
        instruments;

   (g)  lend money to such persons and on such terms as may be thought fit and
        guarantee the performance of any contract;

   (h)  do all such other matters and things as are incidental to a body
        corporate.

(3) The number of Trustees shall not be more than five.

(4) The Trustees shall have the custody of the common seal of
the body corporate and the form of such seal and all other matters relating
thereto shall from time to time be determined by the Synod.

(5) The common seal of the body corporate shall not be affixed to any document
except as provided by the rules or as specifically directed or authorised by
the Synod, and the affixing of the seal shall be attested by at least two of
the Trustees and such attestation shall be sufficient evidence of authority to
affix the seal.

(6) The production of a document which purports to be executed in accordance
with the requirements of the last preceding sub-section shall in all cases be
prima facie evidence, and in favour of the Crown, the Registrar-General, the
Registrar of Titles and every person who deals for value with
the body corporate be conclusive evidence, that such document was executed in
accordance with the requirements of the said sub-section.

(7) The Trustees or any two thereof, unless a greater number be prescribed in
the rules, and in such case such greater number, may exercise any power
conferred by this Act on the Trustees or the body corporate.

(8) At a meeting of the Trustees two shall form a quorum unless a greater
number be prescribed by the rules and in such case such greater number.

(9) Particulars of the exercise of any power conferred by this Act on the
Trustees or the body corporate and in particular of the affixing of the common
seal shall at the time thereof be entered by the Trustees in a book or books
to be kept for that purpose and the form of such particulars may be prescribed
by the rules.

(10) The five persons declared by this Act to be the first Trustees shall hold
office as such until the first meeting of the Synod during the year One
thousand nine hundred and fifty-four when they shall retire and Trustees shall
thereupon be appointed by the Synod the retiring Trustees being eligible for
re-election, but save as aforesaid every Trustee shall hold office until his
office is vacated pursuant to the next succeeding sub-section.

(11) If any Trustee dies or resigns by writing under his hand addressed and
delivered or sent by post to the Clerk for the time being of the Synod or
ceases to be a member of the Presbyterian Church of Eastern Australia or
becomes bankrupt or compounds with his creditors or is convicted of any
indictable offence or any offence for which he is sentenced to be imprisoned
or has his office of Trustee declared vacant by a resolution duly passed by
the Synod his office shall become vacant and the continuing or surviving
Trustees may act notwithstanding vacancies from any cause and any act of the
Trustees shall not be rendered invalid by reason of the incapacity of any of
the members.

(12) If at the first meeting of the Synod during the year One thousand nine
hundred and fifty-four the Synod fails to appoint Trustees as provided in
sub-section (10) of this section then the five persons declared by this Act to
be the original Trustees shall continue to act as Trustees as though they were
Trustees duly appointed by the Synod.

(13) Subject to this section the power of appointing Trustees shall be vested
in the Synod.

(14) The Synod may from time to time appoint one or more persons (irrespective
of whether those persons are Trustees) to be treasurer or treasurers of
the body corporate or to hold such other office or offices in connection
therewith as the Synod may designate and may define the duties of any such
treasurer or other officer and may revoke any such appointment.