Salvation Army (Tasmania) Property Trust Act 1930
6Execution of deeds
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6 Execution of deeds
[Section 6 Amended by No. 36 of 1958, ss. 4 and 5 and Sched. 3 ]
(1) The common seal of the body corporate shall not be affixed to any document except by the authority of a resolution of the trustees, and the affixing of the seal shall be attested by at least two trustees, or in such other way as the trustees may appoint, and such attestation shall be sufficient evidence of the authority to affix the seal.
(2) Contracts on behalf of the body corporate may be made as follows:
(a) Any contract which if made between private persons would be by law required to be in writing under seal, may be made on behalf of the body corporate, in writing, under its common seal, affixed as provided in subsection (1) of this section, and may in the same manner be varied or discharged;
(b) Any contract which if made between private persons would be by law required to be in writing, signed by the parties to be charged therewith, may be made on behalf of the body corporate, in writing, signed by any person acting under the authority of the trustees, and may in the same manner be varied or discharged; and
(c) Any contract which if made between private persons would by law be valid, although made by parol only and not reduced to writing, may be made by parol on behalf of the body corporate by any person acting under the authority of the trustees, and may in the same manner be varied or discharged.
(3) All contracts made according to subsection (2) of this section shall be effectual in law, and shall bind the body corporate and its successors and all other parties thereto, their heirs, executors, or administrators (as the case may be).
(4) The production of a document which purports to be executed in accordance with the requirements of subsection (1) of this section shall be prima facie evidence, and, in favour of the Crown, the Registrar of Deeds, the Recorder of Titles, and every person who deals for value with the trustees, conclusive evidence, that such document was executed in accordance with the requirements of the said subsection (1) .