Queensland Consolidated Acts Queensland Consolidated ActsWHEREAS 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 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 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.
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 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.