Anglican Church of Australia (Diocese of Brisbane) Property Act 1889 (Qld)

Anglican Church of Australia (Diocese of Brisbane) Property Act 1889

An Act to define the trusts upon which certain lands of the Anglican Church in Queensland are and shall be held by the Corporation of the Synod of the Diocese of Brisbane

Preamble WHEREAS by articles of agreement entered into by the bishop, clergy, and laity of the Church of England (then called the Church of England and Ireland), in the diocese of Brisbane, in the colony of Queensland, at an assembly or conference assembled in the City of Brisbane, on 18 June 1868, a constitution was agreed to and declared for associating together the members thereof by voluntary compact as a branch of the said Church in the said diocese, and for establishing a governing body for the ordering of the affairs and the management of the property of the Church in such diocese, to be called 'The Synod of the Branch of the United Church of England and Ireland, in the Diocese of Brisbane, in the colony of Queensland'. And whereas the expression 'The branch of the United Church of England and Ireland' is no longer applicable in Queensland, and the said governing body is now called 'The Synod of the Branch of the Church of England, in the Diocese of Brisbane, in the colony of Queensland'. And whereas by letters patent, dated 2 November 1870, issued under the hand of the then Governor, under the seal of the said colony, by virtue of the provisions of the Religious Educational and Charitable Institutions Act 1861, certain persons holding and exercising the offices of President, Chairman of Committees, and Treasurer of the Synod, and their successors, were respectively created and declared to be a body corporate by the name and style of the Corporation of the Synod of the Diocese of Brisbane. And whereas by virtue of the said letters patent, and of the provisions of the said Act, the said corporation acquired certain corporate rights, and became capable of receiving, purchasing, acquiring, and possessing to and for the uses and purposes of the said corporation and of the Church any messuages, lands, tenements, and hereditaments of what nature, kind, or quality soever within the said colony, and also of receiving, purchasing, acquiring, and possessing to and for the same uses and purposes any goods, chattels, gifts, or benefactions whatsoever, and of mortgaging, charging, or alienating all or any of the said messages, lands, tenements, hereditaments, gifts, chattels, gifts, or benefactions, provided such a mortgage charge or alienation were not contrary to the gift, grant, or dedication of the original donor, and that the moneys to be raised thereby should be applied to the same uses and purposes. And whereas the said corporation has since acquired, and now holds, divers, lands upon certain trusts declared in and by an indenture hereinafter called the model trust deed. And certain mortgage securities have been executed by the corporation over lands vested in it upon the trusts of the model trust deed to secure the repayment of moneys advanced and lent to the synod. And whereas doubts have arisen as to the validity of the said mortgage securities, and it is expedient to remove such doubts, and to declare more particularly the trusts and purposes upon and for which lands of the Church are now held and shall hereafter be held by the said corporation.