Victorian Current Acts Victorian Current ActsWhen any sale mortgage exchange or lease of any church land (whether held upon the trusts of "The Model Trust Deeds of the Presbyterian Church of Victoria" or either of them or otherwise) is made in pursuance of and in conformity with such trusts or the trusts upon which the same is held—
(1) the transfer conveyance mortgage exchange or lease shall be made with the consent in writing of the Moderator and shall have no force or effect without such consent:
Provided that this sub-section shall not apply to any mortgage or lease of any church land which the trustees thereof by virtue of the Act or deed under which the same is held have at the time of the passing of this Act power to mortgage or lease without the consent of the General Assembly, but such trustees shall nevertheless give notice in writing to the Moderator of any such mortgage or lease prior to the execution thereof;
(2) the transfer mortgage exchange or lease of such land if under the operation of the Transfer of Land Act 1890 shall be as effectual, if signed by a majority of the trustees for the time being of such land named in the "Register of Trustees" (hereinafter mentioned) as if such transfer mortgage exchange or lease had been duly signed by all the trustees so named; and
(3) in case such land shall not be under the operation of the said Act, the conveyance mortgage exchange or lease thereof, if executed by a majority of the trustees for the time being thereof named in such "Register of Trustees," shall be deemed to pass the legal estate therein as fully and effectually as if all the trustees in whom the legal estate was vested had joined in executed or made such conveyance mortgage exchange or lease.
Provided that any trustee absent from Victoria may join in any contract for sale mortgage exchange or lease and may execute any such conveyance transfer mortgage exchange or lease as aforesaid by his attorney duly appointed by him in that behalf.