The Methodist Church in Ireland Act, 1928

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SCHEDULE.

STATUTORY TRUSTS.

UPON TRUST that all and singular the lands and premises together with all buildings (if any) erected or to be erected thereon shall be used and occupied according to the nature there of for all or any of the purposes hereafter mentioned, that is to say:—

(a) As a church, chapel or house of worship or as a site for a church chapel or house of worship, for the use and benefit of the Methodist Church in Ireland to the intent that the Church and the several members thereof may therein have God's Holy Word preached and expounded and all other Christian acts and ceremonies done and performed and Meetings held in accordance with the usage of the Methodist Church in Ireland.

(b) As a schoolroom or schoolhouse, or as a site for a school-room or schoolhouse, to the intent that the Church may have a school or schools or Sunday school conducted in such schoolroom or schoolhouse in accordance with resolutions from time to time passed by the Conference and either subject to the exclusive control of the Conference, or subject to the rules and regulations of the Ministry of Education, as the Conference shall by resolution decide.

(c) As a minister's residence, or as a site for a minister's residence, to the intent that the same may be used and occupied as a residence by the minister or ministers appointed to the circuit for the time being wherein such premises shall be situate or by such supernumerary minister, or minister on probation as may be permitted by the Conference to reside therein rent free.

(d) As an orphanage almshouse institution or hall for charitable or religious purposes, or as a site therefor to the intent that the same may be used and occupied for the use and benefit of the Church and any charitable purpose in connection therewith.

(e) As a burial ground for the interment of members of the Church and such other persons as the Conference may permit to be buried therein in accordance with such rules and regulations as the Conference may make or approve.

(f) For such purpose or purposes, being charitable purposes, in connection with the Church for which the trust premises may have been, or may be, given or acquired, or for such other charitable purpose in connection with the Church as the trustees or the majority of them may at any time with the sanction of the Conference determine.

PROVIDED ALWAYS that the trustees shall permit and suffer such minister as shall be appointed to such circuit from time to time in accordance with the constitution to have and enjoy any church chapel or house of worship on the said premises for the purpose of preaching and expounding God's Holy Word and for the doing and performing of all other Christian acts and ceremonies and holding meetings therein and shall permit and suffer any dwelling house thereon to be enjoyed by any minister permitted by the Conference to reside therein as a residence for himself without any interruption whatever and shall not permit him to sub-let or alienate in any way and shall permit and suffer the establishment and carrying on of any such school or schools, orphanage, almshouse or other institution and the holding of meetings and other functions upon the said premises for the use and benefit of the Church or any charitable purpose in connection therewith subject to the approval and under the control of the Conference and not otherwise.

PROVIDED FURTHER that the trustees shall permit to be held in the said church chapel or place of worship, school or other buildings only such meetings as are usually held on or in premises belonging to or held in trust for the Methodist Church in Ireland and such other meetings as may be approved by the superintendent minister and by the trustees and are not contrary to any regulation made by the Conference.

PROVIDED HOWEVER that the trustees may permit such other person or persons duly approved or appointed by the superintendent minister according to the usage of the Church to preach in such premises and also such other person as may be appointed in accordance with the constitution to fill any vacancy in the circuit but this proviso is subject to any regulation made by the Conference.

PROVIDED ALWAYS HOWEVER that no minister or person appointed or permitted as aforesaid shall preach maintain propagate or teach therein any doctrine or practice contrary to the statement of belief contained in the constitution for the time being.

PROVIDED ALWAYS that it shall be lawful for the trustees in accordance with any statutory provision in that behalf and with the sanction of the Conference to transfer any school or school property to any educational authority either absolutely or for any term and with or without reserving any right of control to the trustees or to the Conference as the Conference may sanction.

AND UPON FURTHER TRUST from time to time to stand possessed of any income available for the purposes of the trust Upon trust thereout to pay the rent rates and taxes (if any) and other outgoings lawfully payable in respect of the said property and also the costs and charges of insuring and keeping insured the said property against loss by fire or such other risks as the trustees think proper and in repairing improving and keeping the said property in good repair and condition and to retain and reimburse themselves all costs charges and expenses lawfully incurred and paid by them in or about the due execution of the trusts and to pay all other proper charges and expenses in connection with the trust premises.

AND UPON FURTHER TRUST to apply from time to time and at any time any surplus money in the hands of the trustees which in the opinion of the trustees may not be required for the purposes aforesaid for the furtherance of the work of the Church in the circuit in which the trust property is situated or for such other purposes in connection with the Church as the trustees with the sanction of the Conference may from time to time determine.

AND IT IS HEREBY DECLARED that it shall be lawful for the trustees or the majority of them at any time with the sanction of the Conference:—

(a) To mortgage the trust premises or any part thereof respectively to any person for securing the repayment of such sum of money as it may be necessary to raise or borrow for expenses incurred or to be incurred in the due execution of the trusts and purposes aforesaid or any of them.

(b) To grant in fee farm, demise, or let the whole or any part of the trust premises which shall not at the time be used or required for any of the purposes aforesaid for any other purpose which shall be approved or sanctioned by the Conference in such manner and upon such terms and conditions as may be agreed upon by the majority of the trustees and sanctioned by the Conference.

(c) To sell and absolutely dispose of the trust premises or any part thereof freed and discharged from the trusts herein contained and in such manner and upon such terms and conditions as may be agreed upon by the majority of the trustees and sanctioned by the Conference.

AND the trustees or the majority of them are hereby empowered to take such steps and do all such acts and things as may be necessary for carrying out any such mortgage, letting, sale or other disposition as aforesaid.

AND the trustees shall apply any capital money which shall arise from any such sale grant in fee farm, demise or letting, in or towards the discharge of incumbrances and liabilities, whether personal or otherwise, lawfully contracted or occasioned in the execution of the trusts hereof or with the sanction of the Conference for or towards purchasing or procuring a more eligible piece of ground and erecting or acquiring buildings and premises in Ireland to be used for all or any of the uses trusts and purposes aforesaid or such of them as shall be then subsisting or capable of taking effect, or for such other charitable purposes in connection with the Church as the Conference shall determine.

AND IT IS HEREBY DECLARED that the receipt of the majority of the trustees shall in all cases of payment made to them or any of them as such trustees be a full discharge to the person paying the same for all moneys therein acknowledged to have been received by any such trustees as aforesaid and that it shall not be incumbent upon any purchaser mortgagee or lessee of the premises or any part thereof to inquire into the necessity, expediency or propriety of any mortgage sale demise or other disposition thereof made or proposed to be made by the trustees nor to see to or be answerable or accountable for the application loss or misapplication of the purchase or other money for which a receipt or receipts shall be so given as aforesaid.

AND PROVIDED FURTHER that when any trustee shall resign his office of trustee or refuse or become incapable to act in the trusts or reside out of Ireland for twelve months continuously or become bankrupt or insolvent or cease to be a member of the Methodist Church in Ireland or be called upon by a resolution of the Conference to resign the office of trustee he shall be deemed and taken to have thereby vacated his office of trustee and when by all or any of the aforesaid ways or by death of any trustee or otherwise the number of the trustees of any property shall be reduced below four, or sooner, if by the continuing trustees or the majority of them it shall be deemed advisable, the said continuing trustees shall within twelve months after such reduction shall take place by deed nominate and appoint a sufficient number of persons then members of the Church as trustees of such property for the purpose of administering the aforesaid trusts. But in case such continuing trustees or the majority of them shall fail to make such appointment within the time aforesaid after the trustees of such property shall have been reduced below four in number, then it shall be lawful for the superintendent minister of the circuit in which the trust property is situate by deed under his hand and seal in accordance with the regulations of the Conference to appoint trustees (of whom he himself may be one) for the purposes aforesaid and to vest the trust property or cause the same to be vested in such new trustees jointly with the continuing trustees (if any).

PROVIDED ALWAYS that it shall be lawful for the trustees on the nomination of the superintendent minister to appoint from time to time and remove from office such and so many officers paid or unpaid as they may consider requisite and expedient to assist them in the control and management of the trust property.

PROVIDED ALWAYS that the business of the trustees shall be transacted at meetings of the trustees which shall be held from time to time as occasion may require and any question or matter arising shall be decided by the votes of a majority of those persons present (being a quorum) and entitled to vote, and in any case in which the consent of a majority of the trustees for the time being is specifically required under the provisions hereinbefore contained to the doing of any act it shall not be necessary that a majority of the trustees should be present at a meeting of the trustees provided the consent in writing of a majority of the trustees is obtained before doing such act.

AND IT IS HEREBY DECLARED that it shall be lawful for the Conference from time to time to make such rules and regulations for the holding of and conduct of the business at the trustees' meetings as they shall think fit and from time to time to annul, amend, or alter the same and, without in any way limiting the scope of the power above conferred, it is hereby further declared that such rules and regulations may make provision with regard to:—

(a) The appointment of a Chairman of such meetings who may be a minister who is not one of the trustees.

(b) Such Chairman having an original or casting vote or both.

(c) The number of trustees who shall form a quorum.

And the trustees at their meetings and in the transaction of their business shall conform to any such rules and regulations as are in existence or as the Conference may from time to time make or sanction.

PROVIDED ALWAYS and it is hereby expressly declared that nothing hereinbefore contained shall be deemed or taken to authorize the trustees to permit or suffer the trust premises or any part thereof to be used or occupied, or to apply the income or proceeds thereof or any part thereof or permit the same to be applied, otherwise than for the advancement of religion, or education, or for the relief of poverty, or for other purposes being charitable purposes in connection with the Methodist Church in Ireland.

IN the foregoing Statutory Trusts the expression “the trustees” shall include the continuing trustees or other the trustees for the time being; the singular shall include the plural; “person” shall include any body of persons or body corporate, and the words and expressions “The Church” “The Methodist Church in Ireland” “The Conference” “The Constitution” “minister” “circuit” and “superintendent minister,” shall have the same meanings respectively as in The Methodist Church in Ireland Act, 1928.