Western Australian Consolidated Acts

PRESBYTERIAN CHURCH ACT 1908 - SECT 4

4 .         Commissioners of the Presbyterian Church in Western Australia constituted a body corporate

                The Moderator for the time being of the General Assembly and 8 persons who shall respectively hold office either as a Minister or as an Elder of the said Church (but 2, at least, of whom shall be Ministers), and who shall from time to time be elected by the General Assembly as hereinafter provided 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, mission or institution connected therewith, other than a mission or institution that is separately incorporated as provided in section 21, 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 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 1892 ³ 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.

        [Section 4 amended by No. 6 of 1924 s. 2; No. 19 of 1964 s. 2.]