5Power of trustees to convey to Union on Union Trusts

5 Power of trustees to convey to Union on Union Trusts

(1)  All persons who now hold or in whom are vested any real or personal property as trustees in trust for the said religious body or denomination called Baptists, or for any church or association connected therewith or designated or commonly reputed a Baptist church or association by reason of its teachings and practice of believers' baptism, or otherwise, although the same may not come within the definition of "church" given in this Act, or for any persons associated for religious purposes under the name "Baptists", shall, subject to the provisoes hereinafter contained, convey or transfer the same to the Union under and subject to the Union Trusts: Provided, that by agreement between the Council and the said trustees the same may be transferred to the Union, either absolutely or upon such other special trusts, subject to and not contravening the provisions of this Act as may be approved by the said trustees and by the Assembly.

(2)  If any of the said trustees shall at the time of the execution of any such conveyance or transfer be absent from Tasmania, or cannot be found, or neglect, or is unable or incapable from any cause whatever to execute such conveyance or transfer, then and in every such case any of his co-trustees may act as his attorney, and sign and execute any such conveyance and any other document necessary in that behalf for every such trustee as aforesaid, and such signature and execution shall have the same effect as if the conveyance or such other document was signed and executed by such first-mentioned trustee.

(3)  If any sole surviving trustee is absent from Tasmania, or cannot be found, or refuse or neglect or is unable or incapable from any cause whatever to execute such conveyance or make such transfer, or if there be no trustee, then and in every and any such case it shall be lawful for the Council, by resolution, to nominate any two members of such Council to execute a deed or transfer to convey or transfer any real or personal property to the Union; and when and so soon as the said deed or transfer shall have been executed by the said two members, then the said property shall be deemed to be vested in the Union according to the tenor thereof.