Trustees to be appointed under the provisions of 7 Wm. IV. No. 3 authorised and required upon the request in writing of 3 or more subscribers or of 3 or more members of the society for whom a church or chapel shall be erected to convey the trust premises lands and hereditaments thereunto belonging to any 3 or more trustees who shall be elected in accordance with the usages of such society
1 Trustees to be appointed under the provisions of 7 Wm. IV. No. 3 authorised and required upon the request in writing of 3 or more subscribers or of 3 or more members of the society for whom a church or chapel shall be erected to convey the trust premises lands and hereditaments thereunto belonging to any 3 or more trustees who shall be elected in accordance with the usages of such society
That so soon as any chapel or chapel and minister’s dwelling belonging to the aforesaid societies respectively shall be erected it shall and may be lawful for the trustees or the survivor of them or the heirs of such survivor who shall be appointed in pursuance of the Act hereinbefore recited and he or she and they are hereby authorised and required at the request in writing of any 3 or more of the subscribers to the undertaking or of any 3 or more of the members of the society or denomination for whom the said chapel was erected to convey the said trust premises with any lands or hereditaments thereunto belonging to any number of trustees to be nominated and elected according to the usages of such society as aforesaid not being less than 3 and to their heirs to hold the real estate of and in the same hereditaments to the use of such society upon the trusts stated and set forth in a model deed of such society to be enrolled in the Supreme Court of New South Wales within 2 years after the passing of this Act after the same shall have been proved to the satisfaction of His or Her Excellency the Governor and the Executive Council to be a deed recognised and established by the usages of the religious society to which it professes to belong.Editor’s notes—
1 The title of 7 Wm. IV. No. 3 is ‘An Act to promote the building of Churches and Chapels and to provide for the maintenance of Ministers of Religion in New South Wales’. The Act was repealed in 1860.
2 A reference to ‘New South Wales’ in this Act may be read as if ‘Queensland’ had been expressly mentioned. See Supreme Court Act 1867, section 36.
In default whereof the fee simple of such trust estate shall within 6 months after such requisition pass to the registrar of the Supreme Court who shall make proper conveyance thereof to new trusteesHowever, if the original trustees or the survivor of them or the heirs of such survivor shall leave the Colony of New South Wales or shall become either naturally or legally incapacitated to act or shall neglect or refuse to make such conveyance for 6 calendar months after such requisition as aforesaid then in any of such cases the fee simple of the trust estate shall pass from the said original trustees or the survivor of them or the heirs of such survivor to the registrar for the time being of the Supreme Court of New South Wales who is hereby authorised and required forthwith to make a proper conveyance of the said trust estate to the new trustees in manner above set forth.
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