The Synod of Eastern Australia Property Act 1918

Trustees as a body corporate. The Act does not create natural person trustees but a corporate entity whose members are the office holders for the time being. The Moderator, clerk and treasurer of the Synod of Eastern Australia are the trustees. The body corporate has perpetual succession, meaning it continues despite changes in the individuals holding those offices. No appointment, retirement or removal of trustees is provided for under the Act itself; the members are determined by who holds those three Synod offices at any given time.

Statutory vesting. The central concept is that property passes to the trustees by operation of the Act without any separate instrument of transfer. This overcomes problems where congregations hold property informally or where title documents are incomplete. Vesting occurs automatically, but the Act does not specify the precise moment of vesting. For property already held by or on behalf of the Synod at commencement, it vests immediately. For later acquired property, it vests as soon as the property is held by or on behalf of the Synod or a congregation. The proviso in section 2 protects chargees and mortgagees: property subject to a charge does not vest unless the secured party consents, the debt is discharged, or the trustees assume liability with consent.

Synod. The Synod of Eastern Australia is defined as the governing body that directs the trustees. Under section 5 the Synod directs how property is held and dealt with, subject to any express trusts. Under section 6 the Synod may make binding regulations for all property dealings. Under sections 7, 9 and 11 the trustees need the Synod's consent for sales, mortgages and leases. Section 15 gives evidentiary force to a certified copy under the hands of the Moderator and clerk of any Synod consent, direction, resolution, act, appointment or proceeding.

Express trusts. The Act distinguishes between property held subject to an express trust and property not so held. Under section 5, the trustees hold and deal with property "so far as the same is not subject to any express trust" as the Synod directs. This preserves the binding force of any specific trust deed, such as a bequest that land be used only for a particular purpose. The Act does not define "express trust", leaving it to general trust law. The trustees remain subject to any valid trust that binds the land, and the Synod cannot override it.

Indemnity. Section 2A provides a statutory indemnity from the trust property for the three office-holders acting in good faith and in accordance with the Act and any synod regulations. This is limited to expenses and liabilities incurred in exercising or performing powers, authorities, duties or functions relating to vested property. It applies only after the 2004 insertion. The indemnity covers the individuals and their estates. It does not cover acts done in bad faith or outside the scope of the Act or regulations.

Minister's rights. Section 13 gives the lawfully appointed minister free access to the church and burial ground, and free use and possession of the manse while in office. This is a licence, not a property right. The minister gains no right of possession or ownership after ceasing to be minister or after legal removal. This protects the congregation's property against claims by former ministers.

Application of proceeds. Sections 8, 10 and 12 create trusts for the application of sale proceeds, mortgage moneys, and rental income. The default application is for the benefit of the same congregation: replacement site, building or improvement of church, manse or school. But the Synod can redirect proceeds to other religious or educational purposes if it deems the default use inexpedient. Section 12 gives the minister a first charge on glebe rents of £150 per annum before other applications.

The Trustees directly. The trustees are the body corporate comprising the Moderator, clerk and treasurer. They are the legal owners of all property covered by the Act. They have the powers of sale, mortgage, lease and management, but only with Synod consent. They must follow Synod directions and regulations. They are personally liable for costs and expenses if they act outside the Act or regulations, but section 2A gives them an indemnity from the trust property if they act in good faith and within authority.

The Synod of Eastern Australia. The Synod is the directing body. It controls how property is held and dealt with, subject to express trusts. It must give consent for sales, mortgages and leases. It makes regulations for property management. It decides the application of proceeds when the default use is inexpedient. The Synod's decisions are evidenced by a certified copy under the hands of the Moderator and clerk, which is admissible evidence. The Synod is not a party to the contract when property is sold; the trustees act as vendor. But the Synod bears the ultimate governance responsibility for ensuring property decisions align with church objects.

Congregations and bodies of Presbyterians. Individual congregations are not legal owners under the Act; their property vests in the trustees. But the Act protects their interests. Proceeds of sale of a congregation's property are to be applied for that congregation's benefit (a replacement site, church, manse or school) unless the Synod deems it inexpedient. Mortgage proceeds must be used on the same congregation's land. Glebe rents must pay the minister of that congregation first. The congregation's consent is also required if proceeds of sale are to be applied on other land held in trust for them (section 8). Congregations are affected if their property is sold or mortgaged without their consent, though the Act does not require congregational consent for sale or mortgage as such; only Synod consent is required. The protections in sections 8 and 10 are aimed at ensuring proceeds are used for the congregation's benefit.

Ministers. Section 12 guarantees a minister of a congregation receiving glebe rents a payment of £150 per annum from those rents before other applications. Section 13 gives the minister access and use rights for the church, burial ground and manse while in office. These are rights against the trustees and anyone else. After ceasing to be minister, those rights end. No ownership interest or continuing possession is conferred.

Prior trustees and holders of property. Section 3 preserves the existing provisions concerning appointment, resignation, removal, powers, rights and duties of present trustees or holders until their property vests in the trustees under the Act. Section 4 obliges prior trustees or holders, when called upon, to hand over title deeds and documents relating to vested property, and to execute any instrument the trustees may in their sole discretion call for, with the trustees paying reasonable costs.

Purchasers, mortgagees and lessees. Those dealing with the trustees receive strong protections. Section 7 provides that the receipt of a majority of trustees for purchase money absolutely discharges the purchaser and exonerates the purchaser from seeing to the application of the money or liability for misapplication. That receipt is conclusive evidence that Synod consent was given. Section 9 has a parallel provision for mortgages and sales subject to mortgage. Section 11 governs leases but does not contain an equivalent purchaser protection; presumably the lease will be enforceable once executed.

Chargees and mortgagees of existing property. Section 2's proviso protects a chargee or mortgagee from having the property vest in the trustees without consent. This prevents the statutory vesting from interfering with security interests. A mortgagee can require discharge of the mortgage or the trustees' assumption of liability before property vests.

The Government. Section 8 addresses government resumption of land. Compensation moneys are held on the same trusts as sale proceeds, with the same rules for application. The Act does not give the government any special powers; it simply directs how compensation is to be applied.

Agents and banks. Section 14 empowers the trustees to appoint agents, assistants, receivers, servants and others, and to direct payment to any corporation, bank, institution, account or person as they deem expedient. Those payees are discharged by their own receipt, which has the same effect as if given by a majority of trustees.

Duty to hold and deal as Synod directs. Under section 5, the trustees must hold and deal with all property, not subject to an express trust, in such manner as the Synod directs. This is the overriding duty. The trustees cannot act on their own initiative for property management beyond what the law and the Act permit. They must seek and follow Synod directions. For express trust property, the duty is to comply with the trust; the Synod direction cannot override that.

Duty to comply with regulations. Section 6 gives the Synod power to make regulations for management, leasing, mortgaging, sale, disposition, purchase of property and investment of funds, and any other matter concerning the property. The trustees must comply with those regulations. Failure to do so could affect the availability of the indemnity under section 2A, which requires acts to be in accordance with the Act and regulations.

Duty to obtain Synod consent for major transactions. The Act requires Synod consent, in its absolute discretion, for sale (section 7), mortgage or sale subject to mortgage (section 9), and lease (section 11). The trustees have no independent power to sell, mortgage or lease without that consent. The consent can be evidenced by a certified copy of the Synod's resolution, which is conclusive evidence under section 15.

Duty to apply proceeds correctly. The trustees must apply sale proceeds, compensation moneys and mortgage moneys in accordance with sections 8 and 10. For sale proceeds (including compensation), the primary trust is to purchase another site for a church, manse or school for the same congregation, or to improve or maintain such buildings on that site. If the Synod deems that inexpedient, the proceeds go to other religious or educational purposes, or with congregation consent to building on other land held for that congregation. Mortgage moneys go first to discharge any existing mortgage, then the balance or whole is applied to building or maintaining church, manse or school on the mortgaged land or other land held for that congregation. The trustees must hold these moneys on trust and cannot treat them as general Synod funds.

Duty to pay minister from glebe rents. Section 12 requires the trustees to pay the minister of the congregation £150 per annum out of glebe rents and other land rents and profits before applying the remainder. This is a priority payment. The remainder can then be applied, with Synod consent, to building or maintaining church or manse for that congregation, or to other religious or educational purposes.

Duty to hand over title deeds and execute instruments. Section 4 imposes a duty on prior trustees or holders, when called upon, to hand over title deeds, documents and writings relating to vested property, and to execute any conveyance, transfer, authority, order or other instrument the trustees in their sole discretion call for. The trustees must pay reasonable and proper costs.

Right to sell property. Under section 7, the trustees may sell by public auction or private contract. They may rescind or vary contracts without being answerable for loss. They are not personally liable for the application of purchase money; the purchaser is discharged by the receipt of a majority of trustees. The trustees can convey the property free of the trusts, and the purchaser takes it absolutely.

Right to mortgage. Section 9 permits the trustees to mortgage any real or personal property. They can give valid receipts and convey free of trusts. The same protections for the mortgagee as for a purchaser.

Right to lease. Section 11 permits the trustees to lease any property by deed, for such period, at such rent and on such terms as the Synod in its absolute discretion directs.

Right to indemnity. Section 2A gives the Moderator, clerk and treasurer a right to be indemnified out of vested property against all expenses and liabilities incurred in good faith and in accordance with the Act and regulations in exercising or performing any power, authority, duty or function in relation to that property. This right of indemnity is from the trust property, not from the Synod personally.

Right to employ agents. Section 14 allows the trustees to employ agents, assistants, receivers, servants and others. They can direct payment to any corporation, bank, institution, account or person. The receipt of that entity has the same effect as a receipt from a majority of trustees, discharging the payer.

Minister's rights of access and possession. Section 13 gives the minister free access to the church and burial ground at all times, and free use of the manse and appurtenances while in office. This is a right enforceable against the trustees and any other person. The minister may exercise spiritual functions in the church without interruption.

Synod's right to direct and regulate. The Synod has the right to direct the trustees (section 5), to make regulations (section 6), to give or withhold consent for sales, mortgages and leases (sections 7, 9, 11), and to determine the application of proceeds when the default use is inexpedient (sections 8, 10, 12).

The Act contains no criminal penalties. It does not create any offence for breach of its provisions. Enforcement is civil in nature, relying on trust law, property law and the internal governance of the Synod.

Breach of trust. The trustees hold property on trust. If they act outside the Act or Synod directions, they may be in breach of trust. The beneficiaries (the Synod, congregations, or persons entitled under express trusts) could bring proceedings in equity for breach of trust, seeking an account of profits, compensation, or removal of the trustees. The Act does not limit the court's usual powers regarding breach of trust. The indemnity under section 2A only applies to acts done in good faith and in accordance with the Act and regulations. A breach of trust involving bad faith or non-compliance would leave the individual office holders personally liable.

Failure to apply proceeds correctly. Sections 8, 10 and 12 impose trusts for the application of sale proceeds, mortgage moneys and glebe rents. If the trustees apply those moneys in a different manner, they may be ordered to restore the trust fund or pay compensation. The Synod's consent does not cure a misapplication that is contrary to the statutory trust; the Synod can only redirect within the options the Act permits (e.g. deeming the default use inexpedient under section 8).

Failure to hand over title deeds. Section 4 obliges prior trustees or holders to hand over title deeds and execute instruments when called upon. If they refuse, the trustees could seek a court order for delivery up and specific performance. The trustees must pay reasonable costs, so a refusal may be met with an offer of costs.

Synod's control. The Synod can enforce compliance by its internal governance: it can remove the Moderator, clerk or treasurer from office (presumably under the church's own rules), which would remove them as trustees under section 1. The Synod can also regulate the trustees' behaviour through regulations under section 6. Non-compliance with regulations could lead to internal disciplinary action.

Receipt protections. Sections 7 and 9 protect purchasers and mortgagees by deeming the receipt of a majority of trustees conclusive evidence that Synod consent was given. This does not affect the trustees' liability as between themselves and the Synod. If the trustees acted without consent, the transaction remains valid as against the purchaser or mortgagee, but the trustees may face consequences from the Synod.

No private right of action for individuals. The Act does not create a statutory cause of action for individual congregation members or others. Disaffected members would need to rely on general trust law or the church's internal dispute resolution procedures.

Statute of limitations. As a property and trust statute, any civil claims would be subject to the usual limitation periods under the Limitation Act 1969 (NSW). Claims for breach of trust may have longer limitation periods depending on the nature of the breach.

Costs and indemnity. Section 14 and section 2A deal with costs and indemnities. The trustees may be personally liable for costs unless covered by the indemnity. The Act does not create a fund for litigation; costs would come from the vested property or be borne by the individuals.

Property law and conveyancing. The Act operates as a statutory vesting that dispenses with the usual conveyancing formalities for property held by or on behalf of the Synod and congregations. Section 2 vests property without any transfer. This overrides the general law requirement for a deed of conveyance. However, the Act does not displace the Torrens system for registered land. For Torrens title land, vesting by statute will still need to be recorded on the register. The trustees will need to lodge the appropriate application with the Registrar General, relying on the Act as the authority. The Act does not explicitly deal with registration requirements; it says vesting occurs "without any conveyance or transfer". Practically, to deal with the land, the trustees will need to be registered as proprietors. The Act may facilitate that but does not eliminate the need for registration.

Trusts law. The Act is a specific statute that modifies the general law of trusts in several ways. It creates a body corporate as trustee, which is unusual. It limits the application of express trusts: the trustees hold property subject to express trusts, but if there is no express trust, the Synod directs. This gives the Synod substantial control that would otherwise rest with the trustees under general trust law. The indemnity in section 2A supplements the general law right of trustees to indemnity from trust assets. The Act does not otherwise displace the duties of trustees (care, diligence, impartiality, etc.) under the Trustee Act 1925 (NSW) or general equity. The trustees remain fiduciaries.

Mortgage law. Sections 9 and 10 interact with the Real Property Act 1900 (NSW) and the Conveyancing Act 1919 (NSW). The trustees can mortgage property free of the trusts, but the mortgage must comply with the usual requirements for creating a valid security. The Act does not exempt the trustees from complying with the National Consumer Credit Protection Act 2009 (Cth) if the mortgage is for a credit activity. Since the mortgage is likely for church purposes, it may be exempt as a business purpose but should be checked.

Charitable trusts. The Synod and its property may have charitable purposes. The Act does not mention charities legislation, but property held for religious or educational purposes may be charitable. The Charitable Trusts Act 1993 (NSW) and the Charities Act 2013 (Cth) could apply. The trustees must ensure that the application of proceeds under sections 8 and 10 does not breach any charitable trust rules. The Synod's ability to redirect proceeds to other religious or educational purposes (section 8) may be constrained by the original charitable purpose of the gift that created the trust.

Church governance. The Act interacts with the Presbyterian Church's own rules and constitution. The Synod is defined by the Act only as "The Synod of Eastern Australia". The Act does not set out the Synod's membership, meeting procedures, or powers beyond those related to property. Those are left to the church's own governance documents. The Act gives the Synod power to make regulations (section 6), which would be binding as a matter of statute. The interaction between the Act and the church's own property rules is addressed in section 3, which preserves existing provisions for appointment, resignation, removal, powers, rights and duties of present trustees until their property vests. After vesting, the Act's provisions govern.

Indemnity from trust property. Section 2A gives a statutory right of indemnity. This interacts with the general equitable lien trustees have over trust assets, and with any contractual indemnity the Synod may have given. The statutory indemnity is limited to good faith acts in accordance with the Act and regulations, so it does not cover all losses.

Liability of office holders. The Act does not cap or exclude the personal liability of the Moderator, clerk or treasurer for breach of trust or negligence. The indemnity under section 2A is permissive; it does not extinguish liability to third parties. The trustees may also have directors' and officers' insurance, but the Act does not address that.

Taxation. The Act is silent on taxation. Property vesting under section 2 may trigger stamp duty in NSW. There is no exemption in the Act. The trustees may need to seek an exemption under the Duties Act 1997 (NSW) for charitable or religious bodies. Similarly, capital gains tax may apply on sale; the Act does not provide any exemption.

Government resumption. Section 8 deals with compensation for resumed land. The interaction with the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) is that compensation is paid and then held on the statutory trust. The trustees cannot simply retain compensation as general funds.

The Act was originally enacted as the Synod of Eastern Australia Property Act 1918 (NSW). It received assent on 10 December 1918. The text as provided notes two subsequent amendments.

Amendment 1985 No 231, Schedule 31. This amendment modified section 17, the name of the Act. The precise change is not stated in the source but is noted as "Am 1985 No 231, Sch 31". Such amending Acts in New South Wales are typically the Statute Law (Miscellaneous Provisions) Acts, which make minor corrections, renumbering, or citation updates. Given section 17 is the citation section, the amendment likely updated the name or citation form, possibly to reflect modern drafting practice or to remove archaic language. The long title may have been amended, but the source only says section 17 was amended. Before the amendment, the Act may have been cited as "The Synod of Eastern Australia Property Act, 1918" with a comma or different formatting. After amendment it became "The Synod of Eastern Australia Property Act 1918" as currently cited.

Amendment 2004 No 6, Schedule 1. This amendment inserted new section 2A, providing the indemnity for trustees. The amending legislation was the Statute Law (Miscellaneous Provisions) Act 2004 (NSW) No 6. Schedule 1 inserted the entire new provision. The section applies only in respect of the exercise or performance of a power, authority, duty or function after the commencement of the section. The amendment was prospective only. This filled a gap: previously the Act did not provide any express indemnity for the trustees, leaving them reliant on general law rights of trustee indemnity, which may be inadequate where the property is the only trust asset and the trust does not have power to grant indemnities. The amendment ensures the individuals are protected when acting properly.

No other amendments are recorded in the source. The Act appears otherwise unchanged since 1918. The core provisions (sections 1-16) remain in their original form. The definitions in section 16, the powers in sections 7-11, and the minister's rights in section 13 have not been amended.

The Act is old and relatively stable. The absence of significant amendment suggests either that it works well for its purposes or that the Synod has not sought to update it. The trustees should be aware that sections like the minister's £150 per annum (section 12) are fixed amounts not indexed; that sum has been unchanged since 1918 and today is trivial, but the provision remains legally operative unless amended or repealed.

The source text does not mention any cases. The Act has likely been the subject of litigation in New South Wales, but the source does not provide that information. As a property statute for a specific religious body, cases are likely rare and may involve disputes over vesting, application of proceeds, or the rights of ministers. Without source material, no cases can be named.

General principles: any litigation would likely involve questions of whether property is within the vesting provision, whether the Synod's consent was properly given, and whether the trustees complied with the trusts on which property was held. The interaction with express trusts (section 5) could be litigated if a donor imposed conditions that the Synod wishes to vary. The protection of purchasers and mortgagees (sections 7 and 9) is clear enough to discourage challenges from third parties. Litigation more likely involves internal church disputes, such as a minister claiming rights under section 13, or a congregation challenging the Synod's decision to apply proceeds elsewhere.

The Act does not create a privative clause or limit judicial review. The Supreme Court of New South Wales would have jurisdiction to hear trust disputes and interpret the Act. The trustees may seek declaratory relief if they are uncertain about their powers.

It is worth noting that being a 1918 Act, some provisions may be considered anachronistic, but that does not affect their legal force. A court would apply the ordinary meaning of the words as at 1918, subject to any later amendment.

No litigation history is present in the source, so nothing further can be said.

No automatic registration under Torrens. Section 2 vests property without conveyance or transfer, but for land under the Real Property Act 1900, the statutory vesting does not replace the need to register the trustees as proprietors. The trustees cannot sell or mortgage Torrens land until they are registered. The Act does not say this, but general law requires registration to perfect title for dealings. The trustees should lodge an application with the Registrar General to record the vesting. If they fail to do so, a subsequent sale might be delayed or challenged.

Property with charges requires consent. The proviso to section 2 means that if the Synod or a congregation holds property that is mortgaged or charged, it does not automatically vest in the trustees. The chargee must consent or the liability must be discharged or assumed. This can create an unregistered gap. Prior trustees or holders remain the legal owners until those conditions are met. The trustees should check all property for existing charges before relying on vesting.

No express power to borrow. The Act does not give the trustees a general power to borrow money. Section 9 allows mortgaging for any sum the Synod directs, but the mortgage must be secured against vested property. There is no power to give unsecured guarantees or indemnities unless within the trust. The trustees should ensure any borrowing they undertake is authorised by the Synod and secured as permitted.

The minister's £150 per annum is fixed. Section 12 provides that the minister is to be paid £150 per annum from glebe rents, exclusive of other stipend. That sum has not been increased since 1918. It is now a very small amount. The provision remains legally binding. The trustees must pay that sum in priority to other applications of those rents. If the rents are insufficient, the minister gets nothing beyond the actual rents. If rents exceed £150, the remainder goes to building or maintenance or other purposes as Synod directs.

Minister's access rights cease on removal. Section 13 says the minister has free access and possession while lawfully appointed and continuing to hold office. The minister has no rights after ceasing to be minister or after legal removal. The proviso reinforces that no length of possession gives any right of ownership. This is critical for manse use. A minister who refuses to leave after removal can be treated as a trespasser. The trustees may need to seek an eviction order if the minister does not vacate.

Synod can only consent, not direct, for express trust property. Section 5 says property is held and dealt with as Synod directs "so far as the same is not subject to any express trust". If property is held on an express trust (e.g. a bequest "for the maintenance of the church building only"), the Synod cannot override that trust. The trustees must comply with the express trust. They may need to seek court advice if they want to vary the trust.

The indemnity is limited to property. Section 2A indemnifies only out of property vested in the trustees. If the property is insufficient, the trustees bear the shortfall personally. The indemnity does not extend to liabilities incurred outside the scope of the Act or regulations, or in bad faith.

Certified copies as evidence. Section 15 makes a certified copy under the hands of the Moderator and clerk of any Synod consent, direction, resolution, etc. legal and admissible evidence. This means the trustees should keep such records carefully. A party dealing with the trustees can rely on a certified copy of the Synod's consent to a sale or mortgage. The trustees should ensure the certification is proper and current.

Prior trustees may not hand over deeds. Section 4 requires prior trustees or holders to hand over title deeds and execute instruments when called upon. If they have died or cannot be found, the trustees may face difficulty obtaining the deeds. The Act does not provide a mechanism for compelling production from a deceased trustee's estate. The trustees may need to apply to court for an order.

No power to compromise or settle disputes. The Act does not expressly give the trustees power to compromise or settle disputes concerning property. They would need to rely on general trust law or obtain direction from the Synod and possibly the court.

Receipt of majority is conclusive, but only for sale and mortgage. Section 7 and section 9 give purchaser and mortgagee protections. Section 11 (leases) does not have a similar conclusive receipt provision. A lessee may need to see evidence that Synod consent was given, but cannot rely solely on the trustees' receipt of rent. The trustees should document Synod consent for leases as well.

For the trustees (the Moderator, clerk and treasurer), compliance requires a structured approach to property management.

Identify and record all property. The trustees should prepare a register of all property that vests under section 2. This includes property currently held by or on behalf of the Synod and each congregation, and property acquired later. The register should note whether the property is subject to any charge or mortgage (section 2 proviso), whether it is subject to any express trust (section 5), and what its current use is. For property with charges, the trustees must obtain chargee consent before treating it as vested. For property subject to express trusts, the trustees must record the terms of the trust and ensure they are complied with.

Lodge applications for title registration. For Torrens title land, the trustees should apply to the Registrar General to be recorded as proprietors. The statutory vesting under section 2 is sufficient authority, but the trustees should provide a certified copy of the Act and evidence of the offices held. For old system land, the trustees should ensure the title deeds are in their possession (under section 4) and that the vesting is noted.

Obtain Synod consent for all major transactions. Before selling, mortgaging, leasing or dealing with property in any significant way, the trustees must obtain the consent of the Synod. The consent should be recorded in a resolution passed at a Synod meeting. The trustees should obtain a certified copy of that resolution under the hands of the Moderator and clerk (section 15) and keep it as evidence. The consent must be given "in its absolute discretion" (sections 7, 9, 11), meaning the Synod has full discretion to grant or withhold consent. The trustees should not proceed without that certified consent.

Follow Synod regulations. The Synod may make regulations under section 6 for management, leasing, mortgaging, sale, disposition, purchase and investment. The trustees must comply with these regulations. Non-compliance could void the section 2A indemnity and expose the trustees to personal liability. The trustees should keep a current copy of all Synod regulations and ensure their actions are in accordance.

Apply proceeds correctly. When selling property or receiving compensation for resumed land, the trustees must apply the proceeds in accordance with section 8. They must either use the proceeds to purchase a replacement site and build or maintain church, manse or school for the same congregation, or if the Synod deems that inexpedient, apply for other religious or educational purposes, or with congregation consent for building on other land held for that congregation. The trustees should obtain Synod resolutions specifying the application, and ensure the moneys are applied accordingly. Similarly, for mortgage proceeds, follow section 10: pay off any existing mortgage, then apply balance as Synod directs for building or improving church, manse or school on the mortgaged land or other land of the congregation.

Pay minister from glebe rents. For property that generates glebe rents or other land rents and profits, the trustees must first pay the minister £150 per annum (section 12). They should maintain a separate account for these rents and pay the minister promptly. The remainder can be applied with Synod consent for building, enlarging or maintaining the church or manse, or other religious or educational purposes.

Ensure minister's access. The trustees must not obstruct the minister's free access to the church and burial ground, nor the minister's use of the manse (section 13). They should have policies to facilitate that. If a minister ceases to hold office, the trustees should take steps to secure the manse and church from further use by the former minister.

Keep records and evidence. Under section 14, the trustees may employ agents and direct payments. They should keep proper records of all transactions, including receipts, contracts, correspondence and Synod consents. The certified copies under section 15 are important evidence. The trustees should also ensure that section 4 is complied with: prior trustees or holders are called upon to deliver title deeds and execute any instruments.

Indemnity claims. If the trustees incur expenses or liabilities in exercising their powers, they may claim indemnity under section 2A, but only if they acted in good faith and in accordance with the Act and regulations. They should document the basis for claiming good faith and record the transaction. They should not assume the indemnity covers negligence or ultra vires acts.

Review annually. Given the limited amendment history, the trustees should still review the Act and Synod regulations periodically. The statutory vesting may have gaps for property acquired after the Act's commencement that was not properly documented. The trustees should check that all property is legally vested and that title documents are in order.

Seek legal advice. The Act is old and interacts with modern property and trust law. The trustees should seek legal advice before undertaking any major transaction, especially if the property is subject to express trusts or charges. A court may need to be involved if the Synod wants to vary a trust. The trustees should not assume the Act gives them unfettered freedom.