The Broken Hill Proprietary Company, Limited's, Hummock Hill to Iron Knob Tramways and Jetties Act, 1900. Perpetual under "The Broken Hill Proprietary Company, Limited's, Hummock Hill to Iron Knob Tramways and Jetties Act 1900." Her Majesty the Queen doth hereby lease to The Broken Hill Proprietary Company Limited a company duly incorporated in the colony of Victoria which company and its successors and assigns are herein designated by the term lessees [here include the lands firstly and secondly described in section 8 of the Act] (except and reserved out of this lease all gold silver copper tin and other metals ores minerals and other substances containing metals and all gems and precious stones and all coal and mineral oils upon in or under the said land to Her Majesty the Queen her heirs and successors and all persons lawfully claiming under or authorised by Her or them And the Commissioner of Crown Lands and all persons lawfully claiming under or authorised by Her or them shall have full and free liberty of access ingress egress and regress with or without horses cattle carts drays carriages engines and all other necessary implements and things into upon and from the said premises for all reasonable purposes and to cut dig sink try search work remove and dispose of all or any of the said excepted and reserved things full compensation being made to the lessees for any loss or damage sustained by them) to be held by the lessees in perpetuity for the purposes authorised by The Broken Hill Proprietary Company Limited's Hummock Hill to Iron Knob Tramways and Jetties Act 1900" and of all Acts now or hereafter relating to the tramways works and undertaking authorised by the said Act at the yearly rental of a peppercorn to be paid (if demanded) in advance on the day of in every year subject to the covenants and conditions following that is to say-The lessees shall not without the previous consent of Her Majesty or the Commissioner of Crown Lands assign the leased premises, and shall pay to the Treasurer of the province of South Australia the rent of a peppercorn hereby reserved (if demanded) at the time and in manner aforesaid: Provided that if and so often as at any time hereafter the powers conferred by the said Acts upon the lessees of working upon using and enjoying the said lands respectively shall wholly cease and determine in respect of any portion of such lands exceeding in continuous area ten acres it shall be lawful for Her Majesty or the Commissioner of Crown Lands to re-enter upon such portion in respect whereof the said powers shall have ceased and determined and the said Commissioner may thereupon insert a notice in the Government Gazette declaring this lease to be ended and determined so far as regards the said portion, and thereupon this lease shall cease and be determined so far as regards the said portion and shall thenceforth be deemed to be and read as a lease of the remainder of the said lands and any such notice aforesaid appearing in the Government Gazette as having been published by the authority of the said Commissioner shall in all courts and elsewhere and under all circumstances be taken to be prima facie evidence that such lease has been lawfully ended and determined so far as it is expressed in the said notice to be ended and determined. In witness whereof His Excellency the Right Honorable Hallam Baron Tennyson Knight Commander of the Most Distinguished Order of Saint Michael and Saint George Governor and Commander-in-Chief in and over South Australia and its dependencies in the name and on behalf of Her Majesty has hereunto set his hand and the seal of the Province of South Australia and the common seal of the lessees was hereunto set this 1900. The common seal of The Broken Hill Pro day of An Act to confirm the Union of The Australasian [Assented to, December 5th, 1900.] the General Conference of The Australasian Preamble. Methodist Church, held at Adelaide in the year one thousand eight hundred and ninety-four, empowered and authorised each Annual Conference of the said The Australasian Wesleyan Methodist Church to carry into effect within its own bounds Union with any or all of the other Methodist Churches on the constitutional basis defined by the said General Conference, and set forth in the minutes of such General Conference of one thousand eight hundred and ninety-four, but subject to a provision that until Methodist Union had become general throughout Australasia the name of such Uniting Churches should be "The Australasian Wesleyan Methodist Church, and that thereafter the United Church should be denominated "The Methodist Church of Australasia": And whereas the Church named The Methodist Union Act. --- 1900. And named in the said constitutional basis, as printed in the said minutes, is throughout such basis called "The Australasian Methodist Church," and the Missionary Society named therein is called "The Australasian Methodist Missionary Society": whereas on the first day of January, one thousand nine hundred, the said The Australasian Wesleyan Methodist Church (sometimes called and known as the "Wesleyan Methodist Church"), and the Primitive Methodist Church, and the Bible Christian Church united as one Church on the said constitutional basis and in terms of a plan of Union agreed to by the South Australia Conference of the said The Australasian Wesleyan Methodist Church, and by the respective Conferences of the Primitive Methodist Church and Bible Christian Church, under the name of "The Australasian Wesleyan Methodist Church," it being agreed that when Methodist Union became general throughout Australasia the United Church should be denominated "The Methodist Church of Australasia": And whereas the South Australia Conference of the said The Australasian Wesleyan Methodist Church, held in Adelaide in the months of February and March, one thousand nine hundred, included some lay representatives who had been elected representatives to such Conference by the quarterly meetings of the Primitive Methodist Church and Bible Christian Church respectively prior to the first day of January, one thousand nine hundred : And whereas the General Conference of the said The Australasian Wesleyan Methodist Church empowered each Annual Conference to frame for itself regulations dealing with the term during which a minister may be appointed to the same circuit, subject to certain conditions fixed by such General Conference and other matters: And whereas it is desirable to obtain legislative authority to confirm the Union of the said three Churches, and to provide that all lands and property held prior to the said first day of January, one thousand nine hundred, upon the trusts of the Model Chapel Trust Deed of the Primitive Methodist Connexion, being a certain indenture of conveyance, bearing date the twenty-fourth day of March, one thousand eight hundred and sixty-four, and made between the Reverend Richard Davies of the one part and Jabez Barlow and others of the second part, and enrolled in Her Majesty's High Court of Chancery on the second day of April, one thousand eight hundred and sixty-four, a copy whereof is deposited in the General Registry Office of South Australia, No. 176 of 1870, or upon the trusts of or in conformity with the provisions of the Deed Poll therein referred to or upon any other trusts for the Church or people or religious community called or known as "Primitive Methodists or "The Primitive Methodist Connexion," or upon trust for any Primitive Methodist Society, and also all lands and property held prior to the said first day of January, one thousand nine hundred, upon the trusts of the Bible Christian Model Deed for South Australia, being a certain indenture of conveyance bearing date the third day of October, one thousand eight hundred and fifty-five, and made between David Randall of the first part, Peter Pomery Dungey and others of the second part, and James Way of the third part, and deposited in the The Methodist Union Act.-1900. the said General Registry Office, No. 592 of 1856, or upon any other trusts for the Church or people or religious community called or known as "Bible Christians" or "The Bible Christian Connexion," or upon trust for any Bible Christian Society, shall, as and from the first day of January, one thousand nine hundred, be held upon the trusts and with the powers, authorities, and discretions, and subject to the provisions of The Model Deed, and also to provide that all other property held in trust for the said Primitive Methodist Church and Bible Christian Church, or either of them, shall, as from the said first day of January, one thousand nine hundred, be held in trust for the said The Australasian Wesleyan Methodist Church, and also to adapt the said constitutional basis in terms of the said plan of Union to the Union of the said three Churches under the name of "The Australasian Wesleyan Methodist Church": And also to give power to the South Australia Conference to make appointments of ministers or preachers on trial to the same chapel or chapels or premises year by year successively for five years or for such greater number of years as may from time to time be authorised by the said general Conference, and to amend the provisions of "The Wesleyan Methodist Model Deed of South Australia, 1887," and other powers: And whereas it is also desirable to amend "The South Australian Wesleyan Methodists Act, 1887," "Prince Alfred College Incorporation Act, 1878," and "Way College Incorporation Act, 1899," and to provide for other collateral matters-Be it therefore Enacted by the Governor, with the advice and consent of the Parliament of South Australia, as follows: 1. The short title of this Act is "The Methodist Union Act, Short title and incorporation. 1900," and, except so far as it is inconsistent therewith, the same shall be incorporated and read as one with "The South Australian Wesleyan Methodists Act, 1887." 2. In this Act the following terms shall have the meanings herein Interpretation. respectively assigned to them, unless inconsistent with the subject or context: "Principal Act" means "The South Australian Wesleyan Metho- "The Model Deed" means "Primitive Methodists" means the people called "Primitive Metho- "Primitive Methodist Church" means the Church, Connexion, society, or community of the Primitive Methodists in South Australia: 66 Confirmation of Name of Church. Confirmation of ments, &c. The Methodist Union Act.—1900. "Bible Christians" means the people called " Bible Christians "in the Connexion established in the year one thousand eight hundred and fifteen by the late William O'Bryan: "Bible Christian Church" means the Church, Connexion, society, or community of the Bible Christians in South Australia: "Wesleyan Methodist Church" shall have the meaning assigned to it by the principal Act, and shall also be deemed to mean and include The Australasian Wesleyan Methodist Church in South Australia. 3. The Union of the said The Australasian Wesleyan Methodist Church, and the Primitive Methodist Church, and the Bible Christian Church, effected as aforesaid on the said first day of January, one thousand nine hundred, on the said constitutional basis, is hereby confirmed. 4. Such United Church shall be denominated "The Australasian Wesleyan Methodist Church" until the date which shall be fixed in accordance with the provisions of section 10 hereof for the alteration of that name to the name "The Methodist Church of Australasia," and until such time the said constitutional basis shall be read and construed as if the word "Wesleyan" were inserted therein between the words "Australasian " and " Methodist" wherever those words occur therein in conjunction with each other, and such United Church shall for all purposes be deemed to be the Wesleyan Methodist Church within the meaning of the principal Act and this Act, and the Annual Conference of such United Church shall for all purposes be and be deemed to be the South Australia Conference. 5. The South Australia Conference, held in Adelaide in the Conference, appoint- months of February and March, one thousand nine hundred, and all appointments, resolutions, and orders made by such Conference, whether in respect of the lands mentioned in the next two following sections, and the churches, parsonages, and other buildings thereon, respectively or otherwise, are hereby confirmed and declared to be valid for all purposes. How Church lands and other lands to vest. 6. All Church lands which at the time of the coming into operation of this Act are held upon the trusts of "The Wesleyan Methodist Model Deed of South Australia, 1887," or are otherwise held on behalf of or in trust for the Wesleyan Methodist Church, or the said The Australasian Wesleyan Methodist Church, and also all lands, hereditaments, and premises of whatever tenure, including chattels real situate in South Australia, with all rights, easements, and appurtenances relating thereto, which now are held in trust for or on behalf of the Wesleyan Methodist Church, or the said The Australasian Wesleyan Methodist Church, shall, from and after the coming into operation of this Act, be held upon the trusts, and with the powers, authorities, and discretions, and subject to the terms, provisions, and conditions of The Model Deed (but subject and without prejudice |
