AN ACT to repeal the Law relating to the Management of the Real and Personal Estate of the Presbyterian Church in the State of Western Australia, and to make other provisions in lieu thereof. BE [Assented to 12th August, 1908.] E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as the Presbyterian Church Act, Short title. 1908: 2. The Presbyterian Church Act, 1884, is hereby repealed, but Repeal. until Commissioners shall have been elected by the General Assembly as provided by Section four of this Act, the present Commissioners under the said repealed Act shall continue in office and be deemed to be The Commissioners of the Presbyterian Church in Western Australia under this Act. 3. In the construction and for the purposes of this Act the Interpretation. following terms shall, if not inconsistent with the context or subject matter, have the respective meanings hereby assigned to them, that is to say : "Governor " Constitution of corporate body. "Governor shall mean the person administering the "Church" shall mean and apply to the Church now known 66 66 66 66 Moderator shall mean the Moderator for the time being of the General Assembly of the said Church, and include any person temporarily discharging the duties of such office in accordance with the rules, practice, and usages of the said Church. Presbytery" shall mean any Church Court under this name duly formed by the authority of the General Assembly of the said Church. Congregation "shall mean any number of persons duly recognised as a congregation by any Presbytery of the said Church. Minister" shall mean the person who has been duly inducted as Minister of a congregation and is exercising the functions of his office. Elder" shall mean a person duly inducted and acting as such. 'Members' shall mean all persons whose names are on the Roll of Communicants of any congregation of the said Church. Adherents' shall mean all persons whose names are on the Roll of Adherents of any congregation and have the right of voting at any congregational meeting under the rules of the said Church. "Committee of Management " shall mean the persons charged with the secular affairs of a congregation in accordance with the rules of the said Church. 4. The Moderator for the time being of the General Assembly and one Minister and two Elders from each Presbytery to be from time to time elected by the General Assembly as occasion may require, shall be and are hereby constituted a body corporate for the better holding and management of the property of the said Church or of any congregation or institution connected therewith, whether the same shall have been already acquired or may hereafter be acquired in any way howsoever; and for the better regulation and management of the affairs thereof, and under and by the name, style, and title of "The Commissioners of the Presbyterian Church in Western Australia" (hereinafter called "the Commissioners") shall have continuance and succession for ever, and may have and use a Common Seal for the business of the said said corporation and change and alter the same at their will and pleasure, and shall and may have, hold, purchase, receive, take, enjoy, and in the proper execution, and for the better fulfilment of the trusts of the said Church or corporation, and for the benefit and advantage thereof, manage, sell, lease, exchange, grant, transfer, and otherwise dispose of all manner of real and personal property whatsoever, and every part and parcel thereof, and exercise over the same all the powers of leasing and accepting surrenders of leases conferred on a tenant for life by "The Settled Land Act of 1892" or any Acts for the time being in force amending or re-enacting the same, and shall also have power to borrow and take up at interest any sum or sums of money for the purpose of erecting or improving or aiding in erecting or improving churches, manses, or other buildings, or in the improvement of any property, whether freehold or leasehold, or in otherwise promoting as the General Assembly may direct, the objects of the said Church, and, in addition to the matters herein expressly provided for, shall in respect of the property of the said Church, exercise all the powers and perform all the functions and duties which the General Assembly may from time to time confer upon them, or in anywise direct by resolution to be passed in conformity with its recognised practice and procedure, and for any of such purposes may mortgage by deed or other instrument, under the said corporate seal, such portions of the property of the said Church as may be necessary for securing the repayment of such moneys with interest thereon; and the property so to be sold, exchanged, or mortgaged shall thenceforth be held and enjoyed by the purchaser or by the mortgagee thereof or his executors, administrators, and assigns, freed and absolutely discharged from the trusts upon which the Commissioners may theretofore have held the same, and the Commissioners shall and may, by the corporate name, style, and title aforesaid, sue and implead, be sued and impleaded, answer and be answered unto, in any Court of Record, or elsewhere, in law or equity, in all actions and causes whatsoever for, touching, or concerning any matter or thing appertaining to the said Church or corporation. 5. All lands, tenements, hereditaments, and personal property Vesting of proat present belonging to or vested in the Commissioners, as consti- perty. tuted under the Presbyterian Church Act, 1884 (hereby repealed), and the full benefit of, and all rights, benefits, powers, and privileges to which such Commissioners may be entitled under any deeds, writings, or instruments, shall be, and the same are hereby vested in the Commissioners as constituted under this Act, subject to all rights, trusts, and equities affecting the same, and subject also to the provisions of this Act; and the Commissioners hereby constituted shall be bound by and be liable as a body corporate under all such deeds, writings, and instruments in place of and substitution for the Commissioners under the said repealed Act. 6. Register of property. Property held for specific purposes. Property held for general purposes. 6. The Commissioners shall keep a Register of all lands, tenements, and hereditaments, and personal property, held or registered now or hereafter in their name, and shall enter in such Register particulars to identify such lands, tenements, and hereditaments, and personal property, and shall, in a column to be set apart for such purpose, set forth whether such lands, tenements, hereditaments, and personal property are held generally or for any specific purpose for the benefit of the said Church, or generally or for any specific purpose in trust or otherwise for any congregation, mission, or institution, belonging to or in connection with the said Church, or under the control thereof, and such lands, tenements, hereditaments, and personal property shall be deemed to be and shall be held by the Commissioners accordingly; provided always that where any lands, tenements, hereditaments, or personal property are or is held generally for the benefit of the said Church the same may be altered to a special purpose by a resolution to be passed by a majority of the members of the General Assembly present at any meeting thereof, or whether held generally or for any special purpose for the said Church the same may be altered by a resolution as aforsaid to any trust for any congregation, mission, or institution thereof; provided further that where any trusts are set forth in the said Register in repect of any lands, tenements, hereditaments, or personal property the same may be altered or varied by a resolution to be passed as aforesaid, but in the case of any lands, tenements, hereditaments, or personal property held subject to any trust for any congregation (other than a congregation ceasing to exist) such trusts shall not be altered, except with the approval of a two-thirds majority of the members and adherents present at a meeting to be specially called for the purpose, as provided for in Section eleven hereof, of the particular congregation entitled to the benefit of the said trust. All lands held or to be held as aforesaid shall be subject to the provisions of Section twenty hereof. 7. All lands, tenements, and hereditaments upon which any church, school, manse, or other building thereto belonging are now or shall hereafter be erected, and any lands, tenements, and hereditaments, and personal property purchased, devised, bequeathed, or given for the erection, endowment or benefit of any church, school, or manse, shall, subject to the provisions of Section twenty hereof, be held by the Commissioners in trust for the congregation of such Church; and if such congregation shall cease to exist, then subject as aforesaid in trust for the maintenance or advancement or other purposes of the said Church as may be determined by the General Assembly by any resolution to be passed as aforesaid. 8. All lands, tenements, and hereditaments and personal property held in trust by the Commissioners for other than congregational |