Queensland
Ann Street Presbyterian
Church Act 1889
Current as at 1 March 1996—revised version
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Queensland
Ann Street Presbyterian Church Act 1889
Contents
Page
1
Lands vested in new trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
2
Meaning of trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
3
Trustees may sell or mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
4
How sales may be made—trustees may convey . . . . . . . . . . . . .
8
5
Mortgage may contain power of sale etc.. . . . . . . . . . . . . . . . . . .
8
6
Trustees may lease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
7
Leases may be surrendered. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
8
Application of proceeds of sale, mortgage etc. . . . . . . . . . . . . . .
9
9
Application of income and profits . . . . . . . . . . . . . . . . . . . . . . . . .
10
10
Appropriation of site for church etc. . . . . . . . . . . . . . . . . . . . . . . .
10
11
How new trustees are to be appointed . . . . . . . . . . . . . . . . . . . . .
10
12
Trustees’ receipts to be good discharges . . . . . . . . . . . . . . . . . . .
11
13
Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
1
Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
2
Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
3
Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
4
List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
5
Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
Endnotes
Ann Street Presbyterian Church Act 1889
Ann Street Presbyterian Church Act 1889
[reprinted as in force on 1 March 1996]
An Act to vest in new trustees the lands comprised in deeds of
grant Nos. 2847, 2848 and 2849, being allotments 8, 9, 10 and 11
of section 26, parish of North Brisbane, and to enable the
trustees for the time being thereof to sell, mortgage, or lease
the same, and for other purposes
Preamble
WHEREAS in or about the year 1858 a certain congregation
of persons called Presbyterians (which congregation is now
known by the name of ‘the Ann Street Presbyterian Church’
and is hereinafter called the said Church), made application
to the Government of the colony of New South Wales for a
grant to them, for the purposes of the said Church, of the lands
respectively comprised in the several deeds of grant
hereinafter recited, which lands were then situated within that
part of the territory of New South Wales known as the
Moreton Bay District, and since erected into the separate
colony of Queensland, and the said Government promised and
agreed to grant the same to the said Church in accordance
with the laws of the said colony.
And whereas by an Act of the Governor and Legislative
Council of New South Wales, passed in the 8th year of His
late Majesty King William IV, intituled ‘An Act to Regulate
the Temporal Affairs of Presbyterian Churches and Chapels
connected with the Church of Scotland in the Colony of New
South Wales,’ and by another Act of the said Governor and
Legislative Council passed in the 4th year of Her present
Majesty Queen Victoria, intituled ‘An Act to Amend an Act
intituled ‘An Act to Regulate the Temporal Affairs of the
Presbyterian Churches and Chapels connected with the
Current as at 1 March 1996 revised version
Page 3
Ann Street Presbyterian Church Act 1889
Church of Scotland in the Colony of New South Wales,’’
certain powers, privileges, and advantages were conferred on
the Synod of Australia in connection with the Established
Church of Scotland, and the ministers and congregations
subject to the spiritual jurisdiction thereof.
And whereas by deed of grant under the hand of His
Excellency Sir George Ferguson Bowen, G.C.M.G., then
Captain-General and Governor-in-Chief of the said colony of
Queensland, and sealed with the seal of the said colony, and
dated 7 September 1861, and numbered 2847, and issued in
pursuance and execution of the said promise and agreement of
the said Government of New South Wales, all that allotment
or parcel of land in the said colony, containing by
admeasurement 1rd and 32p, situated in the county of Stanley,
parish of North Brisbane and town of Brisbane, being
allotments numbers 10 and 11 of section 26, and therein more
particularly described, was granted to George Edmonstone,
Daniel McAlpine, John Scott, Alexander Anderson, and
James Bryden, and the survivors and survivor of them, and
their and his heirs for ever, upon trust for the erection thereon
of a church, under the superintendence of the said Synod of
Australia, in conformity with the provisions of the Act first
hereinbefore recited, so far as the same might apply, and for
no other purpose whatsoever, subject, however, to such
reservation unto Her Majesty, her heirs and successors, of all
mines of gold, of silver, and of coal, as therein mentioned.
And whereas by another deed of grant under the hand of the
said Sir George Ferguson Bowen and seal of the said colony,
and also dated 7 September 1861, and numbered 2848, and
issued in further pursuance of the said promise and
agreement, all that allotment or parcel of land, in the said
colony, containing by admeasurement 36p, more or less,
situated in the said county of Stanley, parish of North
Brisbane, and town of Brisbane, being allotment number 9 of
section 26, and therein more particularly described, was
granted to the said George Edmonstone, Daniel McAlpine,
John Scott, Alexander Anderson, and James Bryden, and the
survivors and survivor of them, and their and his heirs for
ever, upon trust for the erection of a schoolhouse, under the
superintendence of the said Synod of Australia, and for no
Page 4
Current as at 1 March 1996 revised version
Ann Street Presbyterian Church Act 1889
other purpose whatsoever, subject, however, to such
reservation unto Her Majesty, her heirs and successors, of all
mines of gold and silver and of coal as therein mentioned.
And whereas by another deed of grant, under the hand of the
said Sir George Ferguson Bowen and the seal of the said
colony, and also dated 7 September 1861, and numbered
2849, and issued in further pursuance of the said promise and
agreement, all that allotment or parcel of land in the said
colony, containing by admeasurement 36p, more or less,
situated in the said county of Stanley, parish of North
Brisbane, and City of Brisbane, being allotment number 8 of
section 26, and therein more particularly described, was
granted unto the said George Edmonstone, Daniel McAlpine,
John Scott, Alexander Anderson, and James Bryden, and the
survivors and survivor of them, and their and his heirs for ever
upon trust, for the appropriation thereof as the site of a
dwelling house, garden, and other appurtenances for the
clergyman duly appointed to officiate in the Church under the
superintendence of the said Synod of Australia, erected at
Brisbane and known as
, in conformity with the
provisions of the Act first hereinbefore recited, so far as the
same might apply, and for no other purposes whatsoever,
subject, however, to such reservation unto Her Majesty, her
heirs and successors, of all mines of gold, of silver, and of
coal as therein mentioned.
And whereas the said Church has not in fact ever been subject
to the spiritual jurisdiction of the said synod, and now forms a
part of and is subject to the jurisdiction of the Presbyterian
Church of Queensland.
And whereas the said several deeds of grant were respectively
framed in their present form under the belief on the part of the
officers of the Government of Queensland that the said
Church was subject to the spiritual jurisdiction of the said
synod, but the intention of the said Government was that the
said lands should be granted to the said trustees for the
purposes of the said Church.
And whereas the said George Edmonstone died on or about 23
February 1883.
Current as at 1 March 1996 revised version
Page 5
Ann Street Presbyterian Church Act 1889
And whereas the said Daniel McAlpine is desirous of being
discharged from his office of trustee.
And whereas the said John Scott has for some time resided out
of Brisbane and has ceased to be a member of the said
Church.
And whereas the said James Bryden has ceased to be a
member of the said Church.
And whereas the said Church is desirous of appointing
William Jones, John McLennan, Alexander Muir, and Thomas
Cochrane, all of Brisbane, in the said colony, and all
respectively members of the said Church, to be trustees of the
said lands in place of the said George Edmonstone, deceased,
Daniel McAlpine, John Scott, and James Bryden, and together
with the said Alexander Anderson, but doubts have arisen as
to whether such trustees can be duly appointed by the said
Church as aforesaid.
And whereas prior to the issue of the said several deeds of
grant, the said Church had purchased other land and erected a
church and minister’s dwelling house thereon, by reason
whereof the said lands were no longer required for the
purposes for which they were originally promised to be
granted as aforesaid, and the said lands have since been used
and occupied for other purposes than those expressly limited
and appointed in and by the said several deeds of grant, but
the income and profits thereof have always been appropriated
for the purposes of the said Church.
And whereas it has now become expedient to erect a new
Church, schoolhouse, and minister’s dwelling house suitable
to the present requirements of the said Church, but the said
lands are not conveniently situated as a site for the same.
And whereas it is desirable under the circumstances aforesaid,
and for the purpose of rectifying such mistakes in the said
several deeds of grant, and of removing such doubts as
aforesaid, that the said lands should be vested in the said
Alexander Anderson, William Jones, John McLennan,
Alexander Muir, and Thomas Cochrane, and their successors,
upon trust for the purposes of the said Church, but otherwise
freed and absolutely discharged from the trusts limited and
Page 6
Current as at 1 March 1996 revised version
Ann Street Presbyterian Church Act 1889
[s 1]
appointed in and by the said several deeds of grant, and that
the trustees for the time being of the said lands should have
the powers hereinafter conferred upon them, and that
provision should be made for creating a succession of
properly qualified trustees according to the usages and
regulations of the said Church.
1
Lands vested in new trustees
From and after the passing of this Act all the said lands
described in the said several deeds of grant, and thereby
vested in the said George Edmonstone, deceased, Daniel
McAlpine, John Scott, Alexander Anderson, and James
Bryden, shall be and the same are hereby vested in the said
Alexander Anderson, William Jones, John McLennan,
Alexander Muir, and Thomas Cochrane, for all the estate
therein of the said Daniel McAlpine, John Scott, Alexander
Anderson, and James Bryden, upon trust for the purposes of
the said Church, but otherwise freed and absolutely
discharged from the trusts hereinbefore recited and
respectively contained and declared in and by the said several
deeds of grant.
2
Meaning of trustees
In this Act—
trustees means said Alexander Anderson, William Jones, John
McLennan, Alexander Muir, and Thomas Cochrane, and their
successors in office who for the time being are trustees for the
purposes of this Act.
3
Trustees may sell or mortgage
From and after the passing of this Act it shall be lawful for the
trustees in whom the said lands for the time being are vested
to sell or mortgage the whole or any portion or portions of the
said lands, with the consent of the Presbyterian Church of
Queensland in General Assembly constituted, hereinafter
styled the corporation.
Current as at 1 March 1996 revised version
Page 7
Ann Street Presbyterian Church Act 1889
[s 4]
4
5
How sales may be made—trustees may convey
(1)
Every sale made in pursuance of the powers aforesaid may be
in 1 or more lot or lots, and either by public auction or private
contract, and upon payment of the purchase money to the
trustees so selling as aforesaid they shall convey the land so
sold to the purchaser or purchasers thereof, and such
conveyance shall be valid and effectual in law and equity for
all purposes whatsoever.
(2)
However, such land shall be first offered for sale by public
auction, and if not sold, any lot may at any time within 3
months thereafter be sold by private contract at a price not less
than the highest price offered for the same at the auction, or if
no price was offered, then not less than the reserve subject to
which the same was so offered.
Mortgage may contain power of sale etc.
Every mortgage made or given in pursuance of the powers
aforesaid may contain a power of sale by the mortgagee, the
mortgagee’s executors, administrators, or assigns, in case of
default in payment of any principal or interest moneys secured
by such mortgage, or of breach of any of the conditions
therein contained.
6
Trustees may lease
From and after the passing of this Act it shall be lawful for the
trustees in whom the said lands shall for the time being be
vested, to lease the said lands, or any portion or portions
thereof, for any term not exceeding 21 years, at the best rent
that can be obtained for the same without any premium, and
otherwise upon such terms and conditions as they may deem
proper.
7
Leases may be surrendered
Every lease granted in pursuance of the powers aforesaid may
be surrendered, and a new lease of the whole or any portion or
portions of the property comprised in any surrendered lease
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Current as at 1 March 1996 revised version
Ann Street Presbyterian Church Act 1889
[s 8]
may be granted subject to the provisions of this Act with
regard to the granting of a lease.
8
Application of proceeds of sale, mortgage etc.
(1)
(2)
All moneys to arise from any sale or mortgage made in
pursuance of the powers aforesaid shall be expended in the
following order so far as the same shall extend, that is to say
in payment of—
(a)
the reasonable expenses of and attending such sale or
mortgage;
(b)
the cost of applying for, obtaining, and passing this Act;
(c)
the purchase of another site, or other sites, in a more
convenient situation;
(d)
the cost of the erection of a church on some part of the
said land so purchased as aforesaid;
(e)
the cost of all necessary fittings and furniture for the
said church;
(f)
the cost of the erection of a schoolhouse on the land so
purchased;
(g)
the cost of all necessary fittings and furniture for the
said schoolhouse;
(h)
the cost of the erection of a dwelling house for the
minister duly appointed in accordance with the rules and
practice of the Presbyterian Church of Queensland to
officiate in the said church;
(i)
the cost of all necessary fittings and furniture for the
said dwelling house.
If there shall thereafter be any surplus the said trustees shall
transfer the same to the said corporation and such surplus
shall be applied by the said corporation to such uses and
purposes and in such manner for promoting the spiritual and
temporal welfare of the said Church as the said Church shall
in its discretion think fit to direct in accordance with the rules
and practice thereof.
Current as at 1 March 1996 revised version
Page 9
Ann Street Presbyterian Church Act 1889
[s 9]
9
Application of income and profits
The income and profits of the said lands until any such sale as
aforesaid shall be applied by the trustees to and for such uses
and purposes of the said Church as the said Church shall in its
discretion think fit to direct by any direction made in
accordance with the rules and practice thereof.
10
11
Page 10
Appropriation of site for church etc.
(1)
The trustees shall cause any site or sites to be by them
purchased as aforesaid to be forthwith conveyed to and
become vested in the said corporation, to be held by the said
corporation, upon trust for the said Church, and to be
transferred, mortgaged, leased, or otherwise dealt with for the
benefit of the said Church, as the said Church shall from time
to time direct, subject to any rules or regulations of the said
corporation in force, and which for the time being are
applicable thereto.
(2)
And all moneys received or raised by or from any sale,
mortgage, or lease, shall be applied for such purposes and
generally in such manner for the benefit of the said Church as
shall be prescribed by any rules of the said corporation, as
applicable to all lands held by the said corporation upon trust
for particular congregations.
How new trustees are to be appointed
(1)
Whenever and as often as the trustees, or any of them, shall
die, or be desirous of being discharged from, or refuse or
become incapable to act in, the said trust, or shall leave the
State, or cease to be a member of the said Church, then, and in
every such case, another person or other persons shall be
appointed as trustees or trustee in the place of the trustees or
trustee so dying, desiring to be discharged, or refusing or
becoming incapable to act, or leaving the State, or ceasing to
be a member of the said Church as aforesaid, jointly with the
surviving or continuing trustees or trustee.
(2)
Every such appointment shall be made in the manner
prescribed by the rules of the said Presbyterian Church of
Current as at 1 March 1996 revised version
Ann Street Presbyterian Church Act 1889
[s 12]
Queensland, in force for the time being, relating to the
appointment of trustees of Church property.
12
Trustees’ receipts to be good discharges
The receipts in writing of the trustees exercising any of the
powers conferred by sections 3 or 6 for any moneys paid or
advanced to them in respect of any sale, mortgage, or lease,
made, given, or granted in pursuance of the powers aforesaid,
shall be a good and sufficient discharge for such moneys to
the person or persons paying or advancing the same, and the
person or persons shall not be bound or required to see to the
application nor be affected by the misapplication or
non-application thereof.
13
Short title
This Act may be cited as the Ann Street Presbyterian Church
Act 1889.
Current as at 1 March 1996 revised version
Page 11
Ann Street Presbyterian Church Act 1889
Endnotes
Endnotes
1
Index to endnotes
Page
2
Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
3
Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
4
List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
5
Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
2
Key
Key to abbreviations in list of legislation and annotations
Key
AIA
amd
amdt
ch
def
div
exp
gaz
hdg
ins
lap
notfd
num
o in c
om
orig
p
para
prec
pres
prev
3
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=
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Explanation
Key
Explanation
Acts Interpretation Act 1954
amended
amendment
chapter
definition
division
expires/expired
gazette
heading
inserted
lapsed
notified
numbered
order in council
omitted
original
page
paragraph
preceding
present
previous
(prev)
proc
prov
pt
pubd
R[X]
RA
reloc
renum
rep
(retro)
rv
s
sch
sdiv
SIA
SIR
SL
sub
unnum
=
=
=
=
=
=
=
=
=
=
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=
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=
=
=
=
=
previously
proclamation
provision
part
published
Reprint No. [X]
Reprints Act 1992
relocated
renumbered
repealed
retrospectively
revised version
section
schedule
subdivision
Statutory Instruments Act 1992
Statutory Instruments Regulation 2012
subordinate legislation
substituted
unnumbered
Table of reprints
A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary
Counsel each time a change to the legislation takes effect.
The notes column for this reprint gives details of any discretionary editorial powers under
the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in
preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory
Page 12
Current as at 1 March 1996 revised version
Ann Street Presbyterian Church Act 1889
Endnotes
requirements that all amendments be included and all necessary consequential
amendments be incorporated, whether of punctuation, numbering or another kind. Further
details of the use of any discretionary editorial power noted in the table can be obtained by
contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003
9601 or email legislation.queries@oqpc.qld.gov.au.
From 29 January 2013, all Queensland reprints are dated and authorised by the
Parliamentary Counsel. The previous numbering system and distinctions between printed
and electronic reprints is not continued with the relevant details for historical reprints
included in this table.
Reprint
No.
Amendments to
Effective
Reprint date
1
none
13 November 1889
1 March 1996
Current as at
Amendments included
Notes
1 March 1996 rv
none
RA s 44A
4
List of legislation
Ann Street Presbyterian Church Act 1889 53 Vic
date of assent 13 November 1889
commenced on date of assent
Current as at 1 March 1996 revised version
Page 13
Ann Street Presbyterian Church Act 1889
Endnotes
5
Table of renumbered provisions
under the Reprints Act 1992 s 43
Previous
Renumbered as
4, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(1)
4, proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(2)
8, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(1)
8(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(a)
8(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(b)
8(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(c)
8(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(d)
8(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(e)
8(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(f)
8(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(g)
8(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(h)
8(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(i)
8, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .8(2)
10, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .10(1)
10, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . .10(2)
11, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .11(1)
11, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . .11(2)
© State of Queensland 2014
Authorised by the Parliamentary Counsel
Page 14
Current as at 1 March 1996 revised version