Presbyterian Church Land Sale Act 1867
Presbyterian Church Land Sale Act 1867
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Presbyterian Church Land Sale Act 1867
Public Act |
1867 No 62 |
|
Date of assent |
10 October 1867 |
|
Contents
An Act to authorize the sale of certain Land situate in the District of Awatere in the Province of Marlborough held in trust by John Tinline Alexander Mowatt and William Atkinson for the use of Presbyterians in the said Province of Marlborough and the purchase of other lands for the purposes of the trust.
Preamble.
Whereas by a certain deed of grant bearing date the twenty- second day of January one thousand eight hundred and sixty-two under the seal of the Colony of New Zealand all that piece or parcel of land certified by admeasurement to be six acres more or less situate in the District of Awatere in the Province of Marlborough and Colony of New Zealand and being part of section number forty-nine on the plan of said district bounded on the northward by a public road one chain in width three hundred links on the eastward two thousand links and southward three hundred links by other parts of said section number forty- nine and on the westward by lands previously granted to the Bishop of New Zealand with the approaches thereto was granted unto Thomas Dickson Nicholson John Tinline Alexander Mowatt George McRae and William Atkinson in trust for the body of Christians then or thereafter residing in the Province of Marlborough aforesaid and adhering to and following the doctrines contained in the Westminster confession of faith and in the larger and smaller catechism as approved by the General Assembly of the Church of Scotland in the year of our Lord one thousand six hundred and forty-seven and to the Presbyterian form of church government by kirk sessions presbyteries and provincial or general synods and upon no other trust or interest or purpose whatever
And whereas Thomas Dickson Nicholson and George McRae died leaving the said John Tinline Alexander Mowatt and William Atkinson the other trustees then surviving
And whereas the said parcel of land is unsuitable for the purposes for which it was granted and it is expedient that the same should be sold and other lands purchased in lieu thereof and exchanged therefor
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows—
1 Short Title.
The Short Title of this Act shall be “The Presbyterian Church Land Sale Act 1867.”
2 Trustees empowered to sell or exchange.
It shall be lawful for the said John Tinline Alexander Mowatt and William Atkinson or the survivors or survivor of them at any time after the passing of this Act absolutely to make sale and dispose of the said parcel of land and premises either by public auction or private contract or to exchange such land for other lands of a like value and in such manner as the said trustees or the survivors or survivor of them shall think fit and convey the said land when sold or exchanged to the purchaser or purchasers thereof and every conveyance made under the authority of this Act shall be deemed to convey an estate in fee simple and released from the trusts under which the same was held.
3 Trustees receipts to be valid and sale binding on cestui que trust.
The receipts of the said trustees or the survivors or survivor for any moneys paid for the purchase of the said land shall be a valid acquittance for the same and every certificate agreement sale or every conveyance entered into by the said trustees or the survivors or survivor under the authority of this Act shall be binding and conclusive on all persons claiming any legal or equitable estate benefit or interest under the trusts of the said grant.
4 Trustees to invest in the purchase of other lands in the said district or exchange.
The said trustees or the survivors or survivor of them shall pay or apply the moneys to be received by them or him for the sale of the said lands in or towards the purchase of other land in the District of Awatere aforesaid or exchange the said parcel of land for other lands in the said district and hold the same upon and for the same uses interests and purposes as the parcel of land hereinbefore described was held.
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Versions
Presbyterian Church Land Sale Act 1867
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