This Deed made the thirty-first day of October in the year of Our Lore One thousand eight hundred and fifty-six Between Henry Matson of Parnell near the City of Auckland in the Colony of New Zealand Esquire of the first part The Reverend John Eggleston of Sydney in the Colony of New South Wales (the acting President for the time being of the yearly Australasian Conference of the People called Methodists hereinafter mentioned) of the second part and Idward Bull of Parnell aforesaid Locker M Her Majesty's Customs at Auckland George Loyett of Parnell aforesaid carpenter Robert Loyett of Parnell aforesaid carpenter Captain James Stone of the City of Auckland merchant Henry Ellis of the City of Auckland auctioneer James Heron of the City of Auckland, builder Richard Matteews of the City of Auckland surgeon Alfred Boon of the City of Auckland builder Henry White of the City of Auckland stonemason and Archibald Somervild of the City of Auckland grocer of the third part Whereas in order the better to understand the intent and mailing of these presents it is desirable to recite briefly the origin and formation of the societies of the people called Methodists (that is to say) In the year One thousand seven hundred and thirty-eight a few persons in London agreed to meet with the Reverend John Wesley formerly of Lincoln College Oxford and afterwards of the City Road London clerk for the purpose of religious conversation singing and prayer which society as it was called had increased by the early part of the year One thousand seven hundred and thirty-nine to about sixty persons and in April of the same year the said John Wesley being in Bristol a few persons in that city also agreed to meet weekly with the same intentions as those who met in London under the advice and religious direc- page 2 tion of the said John Wesley and of his brother the Reverend Charles Wesley similar meetings were also commenced at Kingswood and Bath but in the year One thousand seven hundred and forty a part of the society in London placing themselves more immediately under the pastoral charge and ministerial direction of the said John Wesley agreed to meet together in a building called the Foundery in Moorfields which he had purchased and converted into a place of religious worship and the same disposition to place themselves under the pastoral charge and ministerial direction of the said John Wesley (and his said brother Charles Wesley) appearing in the societies before-mentioned at Bristol and other places which the said John Wesley regularly visited for the purpose of preaching the Gospel and giving spiritual advice a body of Rules was drawn up in the year One thousand seven hundred and forty-three for the government of the said societies and entitled "The Nature Design and General Rules of the United Societies in London Bristol Kingswood Newcastle upon Tyno &c." and which rules were signed by the said John Wesley and Charles Wesley and became then (and continue to be) the rules by which all persons united in the said Societies were (and are) required to conduct themselves and in default of which they were to be excluded from the said Societies And in the manner above mentioned was instituted and established first in London and then in other places as aforesaid the religious body now generally known by the appellation of "The People called Methodists" And Whereas in order that the pecuniary contributions made by the said societies for religious and charitable purposes might be managed with regularity one or more of the members of each of the said societies was or were from time to time appointed to be a "Steward" or "Stewards" of the society of which he or they were for the time being a member or members and which steward or stewards at first managed all the temporal concerns of the said societies but afterwards stewards for the society and stewards for the poor of the society or as they are now commonly called "Society Stewards" and "Poor Stewards" were respectively appointed And that the objects of the said societies might be better effectuated the said John Wesley formed or divided them into small companies called "Classes" of about twelve persons in each class over each of which classes one of the members of the said societies was appointed and called "The Class Leader" And Whereas the said people called Methodists having rapidly increased in number and new societies having been formed as aforesaid in many and various places the said page 3 John Wesley appointed certain persons (some of whom were Clergymen of the Established Church of England) and others of them were ordained or set apart to the ministry by himself and other Presbyters of the Church of England to preach and expound God's Holy Word unto the said societies and to form new societies under his guidance and direction And the more effectually to promote order and good discipline among the societies so formed the said John Wesley from time to time as occasion required collected or associated together such of the said societies as existed in places contiguous or of most convenient access to each other and which collections or associations of societies were called "Circuits" And the said John Wesley annually appointed one or more of the said preachers to itinerate or travel from place to place in each of the said circuits to which he or they were respectively appointed to visit the various societies therein to form new societies and to preach ad otherwise exercise his and their office as ministers of the Gospel but under the direction and guidance of him the sai John Wesley And in each of the said circuits one of to said preachers so appointed was directed specially to surprint end the others or other of them and to take the chief carge and care of the societies in the Circuit over which he as so appointed and who was at first and during the lifeme of the said John Wesley called "The Assistant" but now generally known amongst the said people called Methodists by the appellation of "The Superintendent" or the "Superintendent Preacher" of the circuit to which he is or the time being appointed and in every circuit there us or were from time to time appointed from among the members of the societies in each respective circuit a stewal or stewards called the "Circuit Steward" or "Circuit Steards" whose business it was to take charge of and to app to their intended purposes the various collections of onies made to meet the expenses of such circuit And Whereas the circuits so formed as aforesaid have been from time to time increased in number altered change subdivided or consolidated as from time to time appeared necessary or expedient And Whereas the said John Lesley in or about the year one thousand seven hundred and forty-four invited several of the clergymen and preacers connected with him to meet in London to confer upon matters relating to the doctrines discipline regulation and overnment of the said societies and similar meetings or assemblies of the said preachers being afterwards held annually they obtained the appellation of "The Yearly Confence of the people called Methodists' minutes of whin yearly conference have for many years past page 4 been printed and published annually And Whereas the said John Wesley duly made and published a certain Deed Poll or Instrument in writing under his hand and seal bearing date on or about the twenty-eighth day of February in the year of our Lord one thousand seven hundred and eighty-four attested by two credible witnesses and enrolled in His Majesty's High Court of Chancery on or about the ninth day of March in the year last aforesaid after reciting that divers buildings commonly called chapels with a messuage or dwelling house or other appurtenances to each of the same belonging situate in various parts of Great Britain had been given and conveyed from time to time by the said John Wesley to certain persons and their heirs in each of the said gifts and conveyances named which were enrolled in His Majesty's High Court of Chancery upon the acknowledgment of the said John Wesley (pursuant to the Act of Parliament in that case made and provided) upon trust that the trustees in the said several Deeds respectively named and the survivors of them and their heirs and assigns and the trustees for the time being to be elected as in the said Deed is appointed should permit and suffer the said John Wesley and such other person and persons as he should for that purpose from time to time nominate and appoint at all times during his life at his will and pleasure to have and enjoy the free use and benefit of the said premises that ho the said John Wesley and such other person and persons as he should nominate and appoint might therein preach and expound God's Holy Word And upon further trust that the said respective trustees and the survivors of them and their heirs and assigns and the Trustees for the time being should permit and suffer Charles Wesley brother of the said John Wesley and such other person and persons as the said Charles Wesley should for that purpose from time to time nominate and appoint in like manner during his life to have use and enjoy the said premises respectively for the like purposes aforesaid And after the decease of the survivors of them the said John Wesley and Charles Wesley then upon further trust that the said respective trustees and the survivors of them and their heirs and assigns and the trustees for the time being for ever should permit and suffer such person and persons and for such time and times as should be appointed at the yearly Conference of the people called Methodists in London Bristol or Leeds and no others to have and enjoy the said premises for the purposes aforesaid And reciting that divers persons had in like manner given or conveyed many chapels messuages and dwelling houses or other appurte- page 5 nances to the same belonging situate in various parts of Great Britain and also in Ireland to certain trustees in each of the said gifts and conveyances respectively named upon the like trusts and for the same uses and purposes as aforesaid (except only that in some of the said gifts and conveyances no life-estate or other interest was therein or thereby given ad reserved to the said Charles Wesley) And reciting that for rendering effectual the trusts created by the said seeral gifts and conveyances and that no doubt or litigation might arise with respect unto the same or the interprettion and true meaning thereof it had been thought expedint by the said John Wesley on behalf of himself as dono of the several chapels with the messuages dwelling houses or appurtenances before mentioned as of The donors of the said other chapels with the messuages dwelling houses or apputenances to the same belonging given or conveyed to the like uses and trusts to explain the words "Yearly Confeence of the people called Methodists" contained in all the said Trust Deeds and to declare what persons were members of the said Conference and how the succession and ientity thereof was to be continued It is by the said Ded Poll now in recital Witnessed that for accomplishing the aforesaid purposes the said John Wesley did thee by declare are that the Conference of the people called Methodists in London Bristol or Leeds ever since there had been any yearly Conference of the said people called Methodists in any of the said places had always theetofore consisted of the preachers and expounders of God's Holy Word commonly called Methodist Preaches in connection with and under the care of the said John Vesley whom he had thought expedient year after year to summon to meet him in one or other of the said places of London Bristol or Leeds to advise with them for the promotion of the Gospel of Christ to appoint the sal persons so summoned and the other preachers and epounders of God's Holy Word Also in connection with and under the care of the said John Wesley not summoned to the said yearly Conference to the use and enjoment of the said chapels and premises so given and conveyed upon trust for the said John Wesley and such other person and persons as he should appoint during his life us aforesaid And for the expulsion of unworthy and the admission of new persons under his care and into his collection to be preachers and expounders as aforesaid and als of other persons upon trial for the like purposes the names of all which persons so summoned by the said John Wesley the persons appointed with the chapels and praises to which they were so appointed? page 6 together with the duration of such appointments and of those expelled or admitted into connexion or upon trial with all other matters transacted and done at the said yearly Conference had year by year been printed and published under the title of "Minutes of Conference" And by the said Deed Poll now in recital it is further Witnessed that the said John Wesley did thereby avouch and further declare that the several persons thereinafter named (that is to say) one hundred persons therein named and described then being preachers and expounders of God's Holy Word under the care of and in connexion with the said John Wesley had been then were and did on the day of the date thereof constitute the members of the said Conference according to the true intent and meaning of the said several gifts and conveyances wherein the words "Conference of the People called Methodists" are mentioned and contained. And that the said several persons thereinbefore named and their successors for ever to be chosen as thereafter mentioned (and as is hereinafter recited) were and should be for ever construed taken and be the Conference of the People called Methodists Nevertheless upon the terms and subject to the regulations thereinafter proscribed that is to say

First.—That the members of the said Conference and their successors for the time being for ever should assemble once in every year at London Bristol or Leeds (except as after mentioned) for the purposes aforesaid and the time and place of holding every subsequent Conference should be appointed at the preceding one save that the next Conference after the date thereof should be holden at Leeds in Yorkshire the last Tuesday in July then next.

Second.—The act of the majority in number of the Conference assembled as aforesaid should be had taken and be the act of the whole Conference to all intents purposes and constructions whatsoever.

Third.—That after the Conference should be assembled as aforesaid they should first proceed to fill up all the vacancies occasioned by death or absence as after mentioned.

Fourth.—No act of the Conference assembled as aforesaid should be had taken or be the act of the Conference until forty of the members thereof were assembled unless reduced under that number by death since the prior Conference or absence as after mentioned nor until all the vacancies occasioned by death or absence should be filled up by the election of new members of the Conference so as to make up the number one hundred unless there were not a sufficient number of persons objects of such election page 7 and during the assembly of the Conference there should always be forty members present at the doing of any act save aforesaid otherwise such act should be void.

Fifth.—The duration of the yearly assembly of the Conference should not be less than live days nor more than three weeks and be concluded by the appointment of the Conference if under twenty-one days or otherwise the conclusion thereof should follow of course at the end of the said twenty-one Jays the whole of which said time of the assembly of the Conference should be had taken considered and be the yearly Conference of the people called Methodists And all acts of the Conference during such yearly assembly thereof should be the acts of the Conference and none others.

Sixth.—Immediately after all the vacancies occasioned by death or absence were filled up by the election of new members as aforesaid the Conference should choose a president and secretary of their assembly out of themselves who should continue such until the election of another president or secretary in the next or other subsequent Conference and the said president should have the privilege and power of two members in all acts of the Conference during his presidency and such other powers privileges and authorities as the Conference should from time to time see fit to intrust into his hands.

Seventh.—Any member of the Conference absenting himself from the yearly assembly thereof for two years successively without the consent or dispensation of the Conference and being not present on the first day of the third yearly assembly thereof at the time and place appointed for the holding of the same should cease to be a member of the Conference from and after the said first day of the said third yearly assembly thereof to all intents and purposes as though he were naturally dead But the Conference should and might dispense with or consent to the absence of any member from any of the said yearly assemblies for any cause which the Conference might see fit or necessary and such member whose absence should be so dispensed with or consented to by the Conference should not by such absence cease to be a member thereof.

Eighth.—The Conference should and might expel and put out from bring a member thereof or from being in connexion there fifth or from being upon trial any person member of the Conference or admitted into connexion or upon trial for any cause which to the Conference might seem fit and necessary and every member of the Conference so expelled and put out should cease to be a member thereof to all intents and purposes as though he were page 8 naturally dead And the Conference immediately after the expulsion of any member thereof as aforesaid should elect another person to be a member of the Conference in the stead of such member so expelled.

Ninth.—The Conference should and might admit into connexion with them or upon trial any person or persons whom they should approve to be preachers and expounders of God's Holy Word under the care and direction of the Conference the name of every such person or persons so admitted into connexion or upon trial as aforesaid with the time and the degrees of the admission being entered in the Journal or Minutes of the Conference.

Tenth.—No person should be elected a member of the Conference who had, not been admitted into connexion with the Conference as a preacher and expounder of God's Holy Word as aforesaid for twelve months.

Eleventh.—The Conference should not nor might nominate or appoint any person to the use and enjoyment of or to preach and expound God's Holy Word in any of the chapels and premises so given or conveyed or which might be given or conveyed upon the trusts aforesaid who was not either a member of the Conference or admitted into connexion with the same or upon trial as aforesaid nor appoint any person for more than three years successively to the use and enjoyment of any chapel and premises already given or to be given and conveyed upon the trusts aforesaid except ordained ministers of the Church of England.

Twelfth.—That the Conference should and might appoint the place of holding the yearly assembly thereof at any other city town or place than London Bristol or Leeds when it should seem expedient so to do.

Thirteenth.—And for the convenience of the chapels and premises then already or which might thereafter be given or conveyed upon the trusts aforesaid situate in Ireland or other parts out of the kingdom of Great Britain the Conference should and might when and as often as it should seem expedient but not otherwise appoint and delegate any member or members of the Conference with all or any of the powers privileges and advantages thereinbefore contained or vested in the Conference And all and every the acts admissions expulsions and appointments whatsoever of such member or members of the Conference so appointed and delegated as aforesaid the same being put into writing and signed by such delegate or delegates and entered in the Journals or Minutes of the Conference and subscribed as after mentioned should be taken deemed and be the acts admissions expulsions and appointments of the? page 9 Conference to all intents constructions and purposes whatsoever from the respective times when the same should be done by such delegate or delegates notwithstanding any therein contained to the contrary.

Fourteenth.—All resolutions and orders touching elections admissions expulsions consents dispensations delegations or appointments and acts whatsoever of the Conference should be entered and written in the Journals or Minutes of the Conference which should be kept for that purpose publicly read and then subscribed by the President and Secretary thereof for the time being during the time such Conference should be assembled and when so entered and subscribed should be had taken received and be the acts of the Conference and such entry and subscription as aforesaid should be had taken received and be evidence of all and every such acts of the said Conference and of their said delegates without the aid of any other proof and whatever should not be so entered and subscribed as aforesaid should not be had taken received or be the act of the Conference and the said President and Secretary were thereby required and obliged to enter and subscribe as aforesaid every act whatever of the Conference.

Lastly.—Whenever the said Conference should be reduced under the number of forty members and continue so reduced for three yearly assemblies thereof successively or whenever the members thereof should decline or neglect to meet together annually for the purposes aforesaid during the space of three years that then and in either of the said events the Conference of the people called Methodists should be extinguished and all the aforesaid powers privileges and advantages should cease and the said chapels and premises and all other chapels and premises which then were or hereafter might be settled given or conveyed upon the truss aforesaid should vest in the Trustees for the time being of the said chapels and premises respectively and their successors for ever upon trust that they and the survivors of them and the Trustees for the time being did should and night appoint such person and persons to preach and expound God's Holy Word therein and to have the use and enjoyment thereof for such time and in such manner as to hem should seem proper And Whereas the said Charts Wesley departed this life in the lifetime of the said John Wesley and the said John Wesley departed this life in the year one thousand seven hundred and ninety one And Whereas in or about the said year one thousand seven hundred and ninety one the said Conference for the better maintenance of the economy of the said people called page 10 Methodists united into "Districts" the Circuits which had been formed by the said John Wesley in the Kingdom of Great Britain and Ireland of which districts nineteen were formed in England two in Scotland and six in Ireland and each of which districts consisted of several adjoining circuits and the said Conference have since from time to time increased the said districts in number and sub-divided or otherwise altered the same as they deemed necessary or expedient And in order that the business and affairs of the said districts might be properly and regularly conducted the said Conference have annually appointed for each respective district one of the preachers stationed for the time being in a circuit within such district to be "Chairman of the District" and a meeting of the preachers within each respective district is called and generally known among the said people called Methodists by the name of the "District Committee" or the District Meeting And Whereas the said people called Methodists belonging to the connexion in the United Kingdom of Great Britain and Ireland in or about the year one thousand eight hundred and thirteen formed a Missionary Society for the purpose of sending forth missionary preachers and others of the said connexion of the people called Methodists for the purpose of preaching and expounding God's Holy Word according to the doctrines of the said John Wesley and the Rules and usage of the said people called Methodists in foreign parts and afterwards established missionary preachers in Australia Van Dieman's Land New Zealand The Friendly Islands and in the Fejee Islands And Whereas the number of members in connexion with the said people called Methodists and under the charge of the said Conference became so numerous that it became desirable to constitute the Missions in Australia New Zealand Van Dieman's Land The Friendly Islands and the Fejee Islands a distinct connexion having the same relation to the Parent English Conference as the Affiliated Methodist Conference in France and Canada and the said "Yearly Conference of the people called Methodists" held at Birmingham in England in the year one thousand eight hundred and fifty four did therefore constitute the said missions a distinct connexion upon the plan set forth in the Schedule A annexed to these presents by the following resolutions that is to say "the arrangements respecting the missions in Australasia and the plan on which the Affiliated French Conference was formed modified as to some of its details for the purpose of adapting it more fully to the local circumstances of the work in Australasia having undergone careful consideration the Conference while page 11 recognizing a new the principle that foreign missions when they have attained sufficient maturity ought to be placed in a position in which they will be able to discharge the common obliation resting upon all the Churches of Christ to provide for their own support and perpetuation rejoices to learn that our people in Australia entering fully into the views express a readiness to undertake the support of their own ministry and to afford immediate assistance to considerable extent to the missions in New Zealand The Friendly Islands and Fejee at the same time taking upon themselves the obligation of ultimately providing for the entire maintenance of the work at these important missions the Conference is further of opinion that the propped plan contains the best guarantee that can be devised an as it is believed sufficient guarantees for the preservation of the purity of our evangelical system of doctrine and discipline and that the measure regarded as a whole is emiently calculated instrumentally to promote the advancement of the work of God in the extensive regions to which it is intended to apply and accordingly hereby adopt the plan and constitutes the missions in Australia Va Dieman's Land New Zealand the Friendly Islands and Fejee a distinct connexion to be denominated 'The Australian Wesleyan Methodist Connexion' with an annual Confrence of its own having the same kind of relation to th parent English Conference as is sustained in reference the to by the affiliated Methodist Conference in France and Canada" And the said yearly Conference of the said peple called Methodists held at Birmingham in the year Oe thousand eight hundred and fifty-four appointed th Reverend William Binnington Boyce the first Presiden of the Australasian Conference by a minute of which the following is a copy "The Reverend William Binnington Boyce is hereby appointed the first President of the 'Australasian (Wesleyan) Methodist Conference'" And Whereas the first annual "Australasian Wesleyan Methodist Conference" was held at Sydney in New South "Wales in January in the year One thousand eight hundred and fifty-five upon the plan set forth in said Schedule A hereunto annexed adopted by the English Conference held at Birminghun aforesaid in the said year one thousand eight hundrel and fifty-four And Whereas the said William Binnington Boyce having departed from Australia for England the Reverend John Eggleston party hereto of the second part hath been appointed co-delegate with the said William Binnington Boyce and is the acting President for the time being of the said "Australasian Wesleyan Methodist Conference" And Whereas the said parties page 12 hereto of the third part having been possessed of certain sums of money intended to be laid out in the purchase of a piece of ground and hereditaments and in erecting and building a chapel or place of religious worship with such appurtenances as might be thought proper for the use of the said people called Methodists to be settled to the uses upon the Trusts and in the manner hereinafter declared and contained or referred to of and concerning the same in pursuance of the said intention contracted and agreed with the said Henry Matson for the absolute purchase of the ground and hereditaments hereinafter particularly described for the price or sum of one hundred pounds sterling Now this Deed Witnesseth that in pursuance of the said intention and purpose and in consideration of the sum of One Hundred Pounds sterling by the said parties of the third part to the said Henry Matson paid (the receipt whereof is hereby acknowledged) He the said Henry Matson (with the approbation of the said John Eggleston acting President for the time being of the yearly Australasian Conference of the people called Methodists) doth hereby convey and assure unto the said Edward Bull George Lovett Robert Lovett Captain James Stone Henry Ellis James Heron Richard Matthews Alfred Boon Henry White and Archibald Somerville and their heirs and assigns for ever All That piece or parcel of land situate in the suburbs of Auckland aforesaid Parish of Waitemata and County of Eden part of allotment number four of section number ninety five comprising the whole of lot number fifteen and part of lot number sixteen of a subdivision into lots of allotments numbers two three four five six and seven of said section number ninety-five which piece of land hereby conveyed is Bounded on the north east by the road leading from Auckland to Epsom and the Tamaki fifty feet on the south east by other portion of subdivision lot number sixteen eighty feet on the South west by a road set apart by the said Henry Matson for public use called Rutland Road sixteen feet then on the south by the same Road thirty-six feet and lastly on the north west by subdivision lot number fourteen purchased from the said Henry Matson by one Cameron ninety-one feet to the Epsom and Tamaki Road aforesaid be the said several dimensions a little more or less as the same is more particularly delineated by that part of the plan drawn upon this deed and marked "Wesleyan Chapel" Together with all and every the rights members and appurtenances to the said piece or parcel of land belonging or in anywise appertaining To have and to Hold the said piece or parcel of land and hereditaments and all and singular page 13 other the premises hereby conveyed and assured or intended so to be with their and every of their appurtenances unto and to the use of the said Edward Bull George Lovett Robert Lovett Captain James Stone Henry Ellis James Heron Richard Matthews Alfred Boon Henry White and Archibald Somerville and their heirs and assigns for ever But upon the Trusts and to and for the intents and purposes and subject to the powers provisoes declarations and agreements in these presents expressed declared or contained or referred to of and concerning the same that is to say Upon Trust that they the said parties hereto of the third part and the survivors or survivor and the heirs and assigns of such survivor or the trustees or trustee for the time being acting in the trusts of these presents shall and do with and out of the monies now or which may hereafter be possessed by them or him for that purpose and as soon after the execution of these presents as conveniently may be erect and build upon the said piece or parcel of land or upon some part thereof and from time and at all times hereafter whenever it shall be necessary for the due accomplishment of the trusts of these presents or of any of them repair alter enlarge and re-build a chapel or place of (religious) worship and a dwelling house or dwelling houses vestry room or vestry rooms schoolroom or school-rooms and other offices conveniences and appurtenances or with or without any of them respectively as and in such manner as the trustees for the time being of these presents shall from time to time deem necessary or expedient And upon further trust from time to time and at all times after the erection thereof to permit and suffer the said chapel or place of religious worship with the appurtenances to be used occupied and enjoyed as and for a place of religious worship by a congregation of Protestants of the said people called Methodists in the connexion established by the said late John Wesley as aforesaid and for public and other meetings and services held according to the general rules and usage of the said people called Methodists and do and shall from time to time and at all times hereafter permit and suffer such person and persons as are hereinafter mentioned or designated and such person and persons only to preach and expound God's Holy Word and to perform the usual act of religious worship therein that is to say such person and persons as shall be from time to time approved and for that purpose duly appointed by the said "Australasian Conference" from time to time held under the orders and regulations of such Conference for the time being And also such other person and persons as shall be thereunto from time to time duly permitted or appointed (according page 14 to the general rules and usage of the said people called Methodists) by the superintendent preacher for the time being of the circuit in which the said chapel or place of religious worship shall for the time being be situated and also such other person and persons as shall be thereunto from time to time duly appointed by any authority lawfully constituted by the said Conference or under or by virtue of these presents to fill up any vacancy or vacancies at any time occasioned by the death removal or suspension of a preacher or preachers in or during any interval between the sittings of the said Conference but only until the then next Conference and in no case any other person or persons whomsoever And it is Hereby Declared that the times and manner of the various services and ordinances of religious worship to be observed and performed in the said chapel or place of religious worship shall be regulated according to the general rules and usage of the said people called Methodists And that the officiating preacher for the time being whether appointed by the said Conference or permitted or appointed by the said Superintendent preacher for the time being or otherwise permitted or appointed as in these presents is mentioned shall have the direction and conducting of the same worship in conformity nevertheless to the said general rules and usage of the said people called Methodists Provided Always and it is hereby declared that if at any time or times hereafter the trustees for the time being of these presents or a majority of them or if the stewards or leaders of classes for the time being of the society of the said people called Methodists assembling at or belonging to the said chapel or place of religious worship or a majority of them shall believe that any preacher appointed at any time by the said Conference as aforesaid is either immoral erroneous in doctrine or deficient in ability (unless the question of such immorality erroneousness in doctrine or deficiency in ability shall have been previously enquired into and disposed of by the preachers for the time being appointed by the said Conference to the circuits of the district in which the said chapel or place of religious worship shall for the time being be situated to the satisfaction of a majority of the said trustees for the time being and also to the satisfaction of a majority of the said society stewards and leaders of classes for the time being as aforesaid) then and in every such case it shall be lawful for the trustees for the time being or a majority of them or for the said society stewards and leaders of classes for the time being or a majority of them to summon the preachers of the district in which the said chapel or place of religious page 15 worship shall for the time being be situated And also all the trustees stewards and leaders of the circuit in which the said chapel or place of religious worship shall for the time being be situated to meet in the said chapel or place of religious worship on a day and hour to be appointed for that purpose (and of which notice in writing shall at least fourteen days previously be personally served upon the said preachers trustees stewards and leaders or left for or sent by the post to him and them respectively at his and their most usual place or places of abode or business) And the chairman of the district shall be president of the assembly and every preacher trustee steward and leader shall have a single vote and in case of an equality of votes the chairman shall possess the casting voice And if the majority of the meeting adjudged that the accused preacher is immoral erroneous in doctrine or deficient in abilities he shall be considered as removed from the circuit in which the said chapel or place of religious worship shall for the time being be situated and the District Committee (or District Meeting as the same committee is now generally called) shall as soon as possible thereafter appoint another preacher for that circuit to continue till the ensuing Conference instead of the preacher so removed and shall determine among themselves how the removed preacher shall be disposed of till the ensuing Conference and shall have authority to suspend the said preacher from all public duties till the ensuing Conference if they judge proper And if any such preacher shall refuse to submit to the above mode of tral in any of the cases above-mentioned he shall be considered as suspended till the ensuing Conference and the District Committee (or District Meeting as the same committee is now generally called) shall also supply as well as possible the place of the removed or suspended preacher till another preacher be appointed And the preacher thus appointed and all other preachers shall be subject to the above mode of trial And if the District Committee (or District Meeting as the same committee is now generally called) do not appoint a preacher for that circuit instead of the removed or suspended preacher within one calendar month after the said removal or suspension or do not fill up the place of the removed or suspended preacher till another preacher be appointed the majority of the said meeting of the said trustees stewards and leaders being again regularly summoned as aforesaid shal appoint a preacher for the said Circuit provided he be a member of the Methodist connexion (that is to say one of the said people called Methodists) till the ensuing Conference Provided Always page 16 that no person or persons whomsoever shall at any time hereafter be permitted to preach or expound God's Holy Word or to perform any of the usual acts of religious worship upon the said piece of ground and hereditaments nor in the said chapel or place of religious worship and premises or any of them or any part or parts thereof now in or upon the appurtenances thereto belonging or any of them or any part or parts thereof who shall maintain promulgate or teach any doctrine or practice contrary to what is contained in certain notes on the New Testament commonly reputed to be the notes of the said John Wesley And in the first four volumes of sermons commonly reputed to be written and published by him And upon Further Trust in case a school-room or school-rooms shall be erected or provided upon the said piece of ground or any part thereof as aforesaid or if there shall be no separate school (room) or school-rooms and it shall by the trustees for the time being of these presents or the major part of them be thought necessary or expedient to hold and teach a Sunday school or other school or schools in any proper part of the said chapel or place of religious worship then to permit and suffer a Sunday or other school or schools to be held conducted and carried on from time to time in the said school-room or school-rooms or if it shall be thought necessary or expedient as aforesaid in the said chapel or place of religious worship as aforesaid but if in the said chapel or place of religious worship then only at such hours and times as shall not interfere with the public worship of Almighty God therein and in all cases whether in the said chapel or place of religious worship or not under such government orders and regulations as the said Conference have directed or appointed or shall hereafter from time to time direct or appoint And also subject always to the proviso hereinbefore contained respecting doctrines Provided Always that it shall be lawful for the trustees for the time being of these presents or the major part of them when and so often as they shall deem the same necessary or expedient to take down and remove the said chapel vestry-room or vestry-rooms school-room or school-rooms dwelling-house or dwelling-houses offices conveniences or appurtenances to the said chapel or place of religious worship and premises belonging or appertaining or all or any of them or any part or parts thereof respectively for the purpose of re-building the said chapel or place of religious worship or for the purpose of building or re-building any other vestry-room or vestry-rooms school-room or school-rooms dwelling house or dwelling-houses offices page 17 conveniences apurtenances or enlarging or altering the same respectively or all or any of them so as to render the premises the beer adapted to and for the due accomplishment of the trsts intents and purposes of these presents And it is hereby declared that from time to time and at all times here after it shall and may be lawful to and for the trustees for the time being of these presents or the major part of them to mortgage and for that purpose to appoint convey and assre in fee or for any term or terms of years the said piece o ground chapel or place of religious worship hereditaments ad premises or any part or parts thereof respectively to any person or persons whomsoever for securing such sm or sums of money as may be requisite or necessary in or for the due execution and accomplishment of the trusts an purposes of these presents or any of them according to he true intent and meaning thereof Nevertheless it is hereby declared that no mortgage or mortgages or any disposition whatsoever by way of mortgage shall at any time hereafter be made of the said trust premises or of any part or parts thereof under or by virtue of these presents unless such mortgage or mortgages shall in the aggregate amount to and cover the whole debt or the aggregate amount of the whole of the debts which at the time of the execution of such mortgage or mortgages shall be due and owing either legally or equitably in respect or on account of or in relation to the said trust premises or some part on parts thereof respectively or from the said trustees for the time being or any of them for or on account or in aspect of the said trust premises or some part or parts thereof respectively excepting only such debt and debt; as may then be accruing due for or on account of the ordinary current expenses of the said chapel or place of religious worship and premises But it Is Hereby Declared that it shall not be incumbent on any mortgagee or mortgagees or upon any intended mortgagee or mortgagees of the said trust premises or any part or parts thereof to enquire into the necessity expediency or propriety of any mortgage or mortgages which shall be made or be proposed to be made under or by virtue of these presents or whether the same is or are made or intended to be made for the whole amount of the debt or for the aggregate amount of the debts which shall be so due and owing as aforesaid Nor shall anything in these presents contained or which may be contained in any such mortgage or mortgages extend or be construed to extend unless where the contrary shall with the full knowledge and consent of the said trustees for the time being or the page 18 major part of them be therein actually expressed to hinder prevent or make unlawful the taking down removing enlarging or altering the said buildings and premises or any of them respectively as in these presents before mentioned and provided for in that behalf nor in any manner to hinder prevent or interfere with the due execution of the trusts or purposes of these presents or any of them so long as such mortgagee or mortgagees his her and their heirs executors administrators and assigns shall not be in the actual possession of such mortgagee or mortgagees of the hereditaments compromised or to be comprised in such mortgage or mortgages anything in these presents contained to the contrary in anywise notwithstanding And upon Further Trust from time to time and at all times hereafter to let the pews and seats in the said chapel or place of religious worship at a reasonable rent or reasonable rents (reserving as many free seats for the poor where and as may be thought necessary or expedient) and to let or lease the said piece of ground or any part or parts thereof and any building or buildings that may be erected thereon to any person or persons whomsoever for such rent or rents upon such conditions and for such term of years not exceeding twenty one years as to the trustee or trustees for the time being of these presents shall seem expedient And if there shall be any such dwelling house or dwelling houses school-room or school-rooms or any of them erected and built as aforesaid then to let the same or any of them at a reasonable rent or reasonable rents And also if there shall be a cemetery or burial ground to let graves and tombs at a reasonable rent or reasonable rents or to sell graves and tombs at a reasonable price or reasonable prices and to collect get in and receive the rents profits and income to arise in any manner from the said premises (excepting monies which shall from time to time arise from collections or subscriptions duly made therein according to the general rules of the said people called Methodists for other purposes than for the immediate purposes of the said Trust Estate) as and when the same shall from time to time become due and payable but not (excepting as to moneys from time to time received for graves and tombs) by way of anticipation further than for the quarter or half year or year (as may be thought most expedient) immediately following the quarter day that is to say the twenty-fifth day of March the twenty-fourth day of June the twenty-ninth day of September and the twenty-fifth day December respectively as the case may be next after the receipt thereof And it is Hereby Declared that the trustees and trustee for the time being of these presents shall stand and page 19 be possessed of the money arising from the said rents profits and income (except as aforesaid) Upon Trust thereout to pay in the first place such duties taxes rates and other outgoings (if any) as from time to time shall be lawfully payable in respect of the said premises or any part or parts thereof And Also the cost charges and expences of insuring and keeping insured the said trust premises against loss or damage by fire in such sum or sums as the said trustees for the time being or the major part of them shall from time to time think proper or expedient and in repairing and keeping the said trust premises in good repair and condition and likewise the interest of all principal monies borrowed and then due and owing on security of the said trust premises or of any part or parts thereof by virtue of these presents and then to retain to and reimburse themselves respectively all costs charges and expenses lawfully incurred and paid by them in or about the due execution of the trusts of these presents or any of them and in the next place thereout to pay and discharge the necessary costs charges and expenses from time to time incurred in cleansing lighting and attending to the said chapel or place of religious worship and premises and generally to liquidate any debts costs charges incumbrances and expenses at any time lawfully incurred under or occasioned by the due execution of the trusts of these presents or any of them and not included in any of the provisions aforesaid And upon Further Trust from time to time to pay and apply any surplus money remaining after the due payment of all such lawful debts costs charges incumbrances and expenses as aforesaid (but according and in conformity to the general rules and usage of the said people called Methodists) for or towards the support of the preacher or preachers for time being respectively appointed by the said Conference or otherwise as aforesaid either in the circuit in which the said chapel or place of religious worship shall for the time being be situated or in that and some other circuit or circuits or in some other circuit or circuits only or for or towards the purpose of assisting or increasing the funds of any other chapel or place of religious worship or school or chapels or places of religious worship or schools appropriated to the use of the said people called Methodists or in building any new chapel or place of religious worship or schools or in the purchase of any piece or parcel of land or pieces or parcels of land for the site of any such chapel or place of religious worship or school or preacher's dwelling house for the use of the said people called Methodists and which shall be settled upon such or similar trusts and intents and purposes as are in these page 20 presents mentioned or in subscribing or giving to any of the general funds objects or charities of the said people called Methodists or for or towards all or any of the purposes objects funds or charities hereinbefore mentioned in such manner as the trustees for the time being of these presents or the major part of them shall from time to time think necessary or expedient And it is Hereby Declared that it shall be lawful for the trustee for the time being of these presents or the major part of them (although there shall not then be any such surplus money as aforesaid) from time to time to subscribe or give such sum and sums of money as they shall think necessary or expedient and may be conveniently spared from the funds of the said chapel or place of religious worship for or towards all or any of the purposes objects funds or charities aforesaid And it is Hereby Declared that it shall be lawful for the trustees for the time being of these presents or the major part of them at any meeting to be convened and held as is hereinafter mentioned from time to time and at all times hereafter at their discretion to appoint any person or persons of decent and sober conduct and good reputation to be a steward or stewards of the said chapel or places of religious worship and at their will and pleasure to remove and to dismiss such steward or stewards or any of them and the duty of the steward and stewards of the said chapel or place of religious worship shall be to see and attend to the orderly conducting of the secular business and affairs of the said chapel or place of religious worship under the direction and superintendence of the trustees for the time being of these presents or the major part of them And also in like manner to appoint any proper person or persons to be a treasurer or treasurers of the funds of the said chapel or place of religious worship and premises and at their pleasure to remove and dismiss such treasurer or treasurers or any of them And it is Hereby Declared that the trustres and trustee for the time being of these presents shall themselves or by their steward or stewards treasurer or treasurers keep a book or books of accounts in which from time to time shall be plainly legibly and regularly entered an account of every receipt and disbursement by them him or any of them received or made and also of all debts and credits due to and owing from or in respect of the said trust premises or any part or parts thereof and also of all other documents articles matters and things necessary for the due and full explanation and understanding of the same book and books of accounts and shall also in like manner keep a book or books of minutes in which from time to time shall be page 21 plainly legibly and regularly entered minutes of all trustee meetings from time to time held under and by virtue of these presents and of the resolutions passed and of all proceedings acts and business had taken and done thereat And also of all documents articles matters and things necessary for the due and full explanation and understanding of the same minutes and all other things done in and about the execution of the trusts of these presents and shall and will from time to time and at all seasonable times hereafter upon the request of the superintendent preacher for the time being of the circuit in which the said chapel or place of religious worship shall for the time being be situated produce and show forth to him and to every person whom he shall desire to see the same all and every such book and books of accounts and minutes documents articles matters and things and permit and suffer copies or abstracts of or extracts from them or any of them to be made and taken by the said superintendent preacher or by any person or persons whom he shall from time to time desire to make and take the same And the said book and books of accounts and minutes and all documents articles matters and things relating in anywise to the said trust premises shall at least once in the year and oftener if the said superintendent shall at any time desire and shall give notice thereof in manner hereinafter mentioned be regularly upon a day to be appointed by the said superintendent for the time being or with his concurrence examined and audited by the superintendent and the circuit steward or circuit stewards if more than one for the time being of the circuit in which the said chapel or place of religious worship shall for the time being be situated at a meeting convened for that purpose and of every such meeting fourteen days' notice in writing specifying the time place and purpose of such meeting shall and may be given under the direction of the said superintendent for the time being by any one or more of them the said trustees and trustee for the time being so each and every the other and others of them the said trustees and trustee circuit stewards and circuit steward for the time being and either personally served upon him and them respectively or left for or sent by the post to him and them at his and their most usual place and places of abode or business And in order to facilitate the auditing of the said accounts minutes documents articles matters and things it shall be lawful for the said superintendent circuit steward and circuit stewards for the time being as aforesaid or either or any of them to appoint in writing a deputy or deputies to act therein for them and him respectively as aforesaid and for that pur- page 22 pose any one or more of them may be the deputy or deputies of the other or others of them the said superintendent circuit steward and circuit stewards And it is Hereby Declared that the signatures of all or any of them the said auditors deputies and deputy or of the aggregate majority of them written in the said book and books of accounts and minutes respectively shall be sufficient evidence that all the matters and things relating to the said trust premises which were up to that time included in the said books accounts minutes and documents matters and things were duly examined audited and approved of unless and except so far as the contrary shall be therein by them or by the aggregate majority of them in writing expressed And it is Hereby Declared that every meeting for the purpose of taking into consideration the propriety of making any alteration of or any addition to or mortgage or sale of the said chapel or place of religious worship and premises or any part or parts thereof or for contracting any debt upon for or on account thereof (other than for the ordinary current expenses thereof) or for letting any such house or houses school-room or schoolrooms as aforesaid or fixing the rents or prices or making or altering rules to ascertain the rents or prices of such graves tombs pews and seats as aforesaid or for appropriating the funds or any part of the fund of the said chapel or place of religious worship (otherwise than for the due payment of the ordinary current expenses thereof) or for bringing or defending any action or actions suit or suits respecting the said trust estate and premises or any parts thereof or any matter relating thereto or for any one or more of the above purposes shall be and shall be deemed and taken to be a special meeting and of every such meeting fourteen days' notice in writing specifying the time place and purpose or purposes of such meeting and signed by at least either two of the trustees for the time being of these presents or by the superintendent preacher for the time being shall be given to the other and others of them and him the said trustees and superintendent preacher (unless where he himself is the person giving such notice) and either personally served upon him and them or left for and sent by the post to him and them respectively at his or their most usual place and places of abode or business And for the purpose of transacting the ordinary business relating to the said chapel or place of religious worship and premises or for any other purpose relating to these presents or the trusts hereof (except where fourteen days' notice is expressed or required as hereinbefore is mentioned) a meeting of the trustees for the time being of these presents page 23 may be held with the said superintendent for the time being as aforesad so soon as the same can be conveniently convened by notice in writing specifying the time and place of such meeting given and signed by at least either two of the said trustees for the time being or by the said superintendent for the time being and either personally served upon or left or sent by the post as aforesaid to the other and others of them respectively at his and their most usual place and places of abode and business Provided Always and it is hereby declared that no meeting held under or by virtue of these presents shall be invalid or the resolutions thereof void or impeached by reason that any such notice or notices as aforesaid may not or shall not have reached any trustee or trustees for the time being of these presents who at the time of any such meeting happens to be beyond seas or who or whose place or places of abode or business shall not be known to and cannot reasonably be found or discovered by the person or persons who is or are respectively as aforesaid authorised to give any such notice or notices as aforesaid And it is Hereby Declared that at any meeting held under or by virtue of these presents or of the trusts hereof or any of them the votes of the persons present and entitled to vote or the votes of a majority of them shall decide any question or matter proposed at such meeting and respecting which such votes shall be given And in case the votes shall be equally divided then the chairman of such meeting shall give the casting vote he shall have in addition to the vote which he shall be entitled to in his character of trustee superintendent preacher or otherwise And it is Hereby Declared that whenever it shall be thought necessary or expedient to do anything in any ————by these presents directed authorised or made lawful to be done the necessity or expediency of doing the same shall in like manner be decided by the persons present and entitled to vote upon the question to be determined or by the majority of them and if there shall be an even division then by such casting vote as aforesaid and all acts and deeds done and executed in pursuance of any such decision as aforesaid at any such meeting as aforesaid shall be good valid and binding on all persons entitled to vote at the meeting who may be absent or being present may be in the minority and on all other persons claiming under or in pursuance of these presents but no person (unless where the contrary is hereinbefore expressly mentioned) shall be allowed to vote in more than one capacity at the same time or on the same question although holding more than one office at the same time in the society of the said people page 24 called Methodists or in the same meeting And it is Hereby Declared that the "general rules and usage of the said people called Methodists" in these presents mentioned or referred to are the general rules usage and practice of the whole body of the said people called Methodists throughout Great Britain as the same general rules usage and practice respectively appear in and by the annual minutes of the said Conference from time to time printed and published by them under the authority of the said in part recited deed poll up to the day of the date of these presents And also the general rules usage practice of the whole body of the said people called Methodists throughout the "Australasian Wesleyan Methodist Connexion" as the same general rules usage and practice respectively appear in and by the minutes of the said Australasian Conference from time to time published by them but subject at all times to the proviso respecting doctrines in these presents contained Provided Always and it is hereby declared that excepting where the contrary is in these presents expressly declared or provided for the superintendent preacher for the time being of the circuit in which the said chapel or place of religious worship shall for the time being be situated or his deputy thereunto from time to time by him nominated and appointed in writing under his hand shall be the chairman of and shall preside at and shall have a vote as such superintendent preacher or deputy in all meetings held under or by virtue of these presents but in case the said superintendent preacher for the time being or his deputy to be so appointed as aforesaid shall at any time neglect to attend at any such meeting as aforesaid or if the said superintendent preacher or his deputy appointed as aforesaid shall attend but shall refuse to act as the chairman at any such meeting as aforesaid or if the said superintendent preacher shall not attend at any such meeting and shall neglect to appoint a deputy as aforesaid then and in every and in any of the said cases it shall be lawful for the persons for the time being composing such meeting and entitled to vote thereat or for a majority of them to elect and choose from among themselves a chairman to preside for the time being at any such meeting as aforesaid and every meeting so held upon any such neglect or refusal of the said superintendent preacher or his deputy as aforesaid shall be as valid and effectual as if the said superintendent or his deputy as aforesaid had been the chairman thereof and had presided thereat Provided Always and it is hereby declared that it shall and may be lawful to and for the trustees for the time being of these presents with the consent of the said page 25 Conference such consent to be testified in writing under the hand of the president for the time being of the said Conference at any time or times hereafter absolutely to sell and dispose of the said piece of ground chapel or place of religious worship hereditaments and premises or of such part or parts of the same respecting which such consent in writing as aforesaid shall be given either by public sale or private contract and together or in parcels and either at one and the same time or at different times for the best price or prices in money that can be reasonably obtained for the same and well and effectually to convey and assure the hereditaments and premises so sold to the purchaser or purchasers thereof his her or their heirs or assigns or as he she or they shall direct or appoint and the hereditaments and premises so sold and conveyed and assured as aforesaid shall thenceforth be held and enjoyed by the purchaser or purchasers thereof his her and their heirs executors administrators and assigns freed and absolutely discharged from these presents and from the trusts hereby declared and every of them And the trustees and trustee for the time being acting in the trusts of these presents shall apply the money which shall arise from every such sale as aforesaid so far as the same money will extend to the discharge of all the incumbrances liabilities and responsibilities whether personal or otherwise lawfully contracted or occasioned by virtue of these presents or in the due execution of the trusts thereof or of any of them and subject thereto either for toward promoting the preaching of the Gospel amongst the said people called Methodists in the circuit it which the said chapel or place of religious worship shall for the time being be situated or for the purpose of procuring a larger or more conveniently or eligibly situated piece of ground and chapel or place of religious worship and premises in the place or stead of the said piece of ground chapel or place of religious worship hereditaments and premises so sold and disposed of to be settled upon the same trusts and to and for the same ends intents and purposes and with under and subject to the same provisoes and declarations as are in and by these resents expressed and contained or such of them as shall be then subsisting and capable of taking effect Provided Always that if at any time hereafter the income arising from the said piece of ground chapel or place of religious worship hereditaments and premises shall be inadequate to meet and discharge the interest of all monies borrowed and then due and owing upon or on account of the said trust premises and the various current expenses attending page 26 the due execution of the trusts of these presents and if the trustees or trustee for the time being of these presents shall desire to retire and be discharged from the burden and execution of the said trusts and if no such proper persons as are hereinafter mentioned or described can be found to take upon themselves the burden and execution of the said trusts with the responsibility and liability to be thereby incurred then and in that case it shall be lawful for the trustees for the time being as aforesaid or the major part of them of their own proper authority and without any such consent by the said Conference as aforesaid to sell and dispose of the said piece of ground chapel or place of religious worship hereditaments and premises or of any part or parts of the same respectively either by public sale or private contract and either together or in parcels and either at one and the same time or at different times for the best price or prices in money that can be reasonably obtained for the same and well and effectually to convey and assure the hereditaments and premises so sold with the appurtenances to the purchaser or purchasers thereof his her or their heirs and assigns or as he or they shall direct or appoint and the hereditaments and premises so sold and conveyed and assured as last aforesaid shall thenceforth be held and enjoyed by the purchaser and purchasers thereof his her and their heirs executors administrators and assigns freed and absolutely discharged from the presents and the trusts hereby declared and every one of them And all the money arising from every such last mentioned sale shall be applied disposed of and appropriated as far as the same money will extend to the purposes and in the manner hereinbefore directed with respect to any sale made in pursuance or in consequence of such consent of or by the said Conference as aforesaid But it is Hereby Declared that no sale shall be made by virtue of this present power or authority unless the trustees for the time being as aforesaid or a majority of them shall give notice in writing to the said Conference or to the president for the time being of the said Conference on or before the first day of the then next annual meeting of the said Conference of their intention to make such sale and the reasons for the same nor unless the said Conference shall for the space of six calendar months next after the said first day of their said annual meeting refuse or neglect either to give grant or provide the said trustees and trustee for the time being with such pecuniary or other aid assistance and relief as shall enable them and him to bear and continue the burden of the execution of the trusts of these presents or (as the case may be) to find and provide other trustees page 27 who will take upon themselves the burden of the execution of the said trust And it is Hereby Declared that the receipt and receipts of a majority of the trustees for the time being of these presents shall in all cases of payment made to them or any of them as such trustees or trustee as aforeaid be a full discharge to the person or persons entitled to such receipt or receipts his her and their heirs executors administrators and assigns for all mortgage monie purchase monies or other monies therein respectively expessed and acknowledged to have been received by any such trustees or trustee as aforesaid And in all cases except for money paid and received in respect of any mortgage or sale of the said hereditaments and premises o any part or parts thereof as aforesaid the receipt an receipts of any one or more of the trustees for the time being of these presents or of any one or moe of the stewards or treasurers for the time being by he said trustees for the time being or the major part of them duly authorized to sign and give receipts shall be a full discharge to the person and persons entitled to such receipt or receipts his her and their heirs executors administrators and assigns for all monies (except as aforesaid) therein respectively expressed and acknowledged to have been received by any such trustee steward or treasurer s aforesaid And it is Hereby Declared hat it shall not be incumbent on any mortgagee or mortgagees purchaser or purchasers of the said piece or pacel of ground chapel or place of religious worship hereditments and premises or of any part or parts thereof respectiely to enquire into the necessity expediency or propriety of any mortgage sale or disposition of the said piece of grund chapel or place of religious worship hereditaments ad premises or of any part or parts thereof made or proposed to be made by the said Trustees or trustee for the time being or the major part of them as aforesaid or wether any such notice or notices as aforesaid was or were duly given or was or were valid or sufficient or whether any steward or stewards treasurer or treasurers was or were duly authorized to sign and give receipts as aforesaid nor shall it be incumbent upon any such mortgage! or mortgagees purchaser or purchasers or any of them or for any other person or persons his her or their heirs executors administrators or assigns paying money to such trustees or trustee or to their steward or stewards treasurer or treasurers for the time being as aforesaid to see to the application or to be answerable or accountable for? the loss misapplication or non application of such purchase or other money or any part thereof for page 28 which a receipt or receipts shall be so respectively given as aforesaid And it is Hereby Declared that the trustees or trustee for the time being of these presents shall not nor shall any of them their or any of their heirs executors or administrators or any of them be chargeable or accountable for any involuntary loss suffered by him them or any of them nor any one or more of them for any other or others of them nor for more money than shall come to their respective hands nor for injury done by others to the said trust premises or to any part or parts thereof Provided Always and it is hereby declared that from time to time and at all times hereafter in case any trustee or trustees for the time being of these presents shall voluntarily withdraw or be duly excluded from being a member or members of the said Methodist society and shall continue out of the said Methodist society for more than six calendar months then next following then and in every such case upon the request in writing of the other and others of the said trustee or trustees for the time being or a majority of them but not otherwise he and they the trustee and trustees so withdrawing or excluded from being a member or members of the said Methodist society and continuing out of the said society for the time aforesaid shall at the expense of the said trust fund or estate and premises and upon receiving suth indemnity as is hereinafter mentioned well and effectually release and relinquish the trusts by these presents created and declared and well and effectually convey and assure the said piece of ground chapel or place of religious worship and premises either unto or to the use of the other and others of the trustees for the time being of these presents or otherwise as shall or may be directed or appointed under or by virtue of any power or authority hereinafter contained for appointing new trustees of these presents or for increasing the number of such trustees and shall not nor will thenceforth act in intermeddle or in anywise interfere in or about the execution of the trusts of these presents or of any of them but shall and will thenceforth permit and allow all powers and authorities given or created in and by these presents and all and every the act and acts done or to be done under or by virtue thereof to be exercised done and performed by the other and others of the trustees for the time being of these presents or a majority of them Nevertheless it is hereby expressly declared that in every such case the trustees or trustee so withdrawing or excluded from being a member or members and continuing out of the said Methodist society as aforesaid shall not be required to execute any release conveyance or assurance as last men- page 29 tioned unless and until the other trustees and trustee for the time being as aforesaid or the major part of them shall have tendered to the trustees or trustee so withdrawing or excluded from being a member or members and continuing out of the said Methodist society as aforesaid a bond in a sufficient penalty under the hands and seals of such other trustees or trustee or the major part of them for indemnifying the trustees or trustee so withdrawing or excluded from being a member or members and continuing out of the said Methodist society as aforesaid and every of them their and every of their heirs executors and administrators of and from and against the payment of all and every sum and sums of money costs charges and expenses which he they or any of them his their or any of their heirs executors or administrators either separately or jointly with any other trustees or trustee of the said trust premises may be bound engaged or liable to pay in respect of the said piece of ground chapel or place of religious worship and premises or in and about the due execution of the trusts of these presents or in place of such bond or obligation shall procure the trustees or trustee so withdrawing or so excluded from being a member or members and continuing out of the said Methodist society for the time aforesaid to be effectually released and discharged of and from and against the payment of all such sum and sums of money costs charges and expenses as last aforesaid and from all liability on account or in respect thereof or in anywise relating thereto And after the tender of such bond of indemnity or of such release as last aforesaid all meetings held and all acts deeds matters and things done performed and executed by the other trustees or trustee for the time being of these presents or a majority of them shall be as valid and effectual to all intents and purposes whatsoever as if the trustees or trustee so withdrawing or excluded from being a member or members and continuing out of the said Methodist society as aforesaid had actually released and relinquished the trusts of these presents and every of them and had actually conveyed and assured the said trust premises as last aforesaid anything in these presents contained to the contrary thereof in anywise notwithstanding Provided Always and it is hereby declared that from time to time and at all times hereafter in ease any trustee or trustees for the time being of these presents shall be absent from and continue out of the colony of New Zealand for the space of six calendar months then next following then and in every such case such absence as aforesaid shall exclude such trustee or trustees from the trusteeship of the premises hereby conveyed and shall deprive him or page 30 them of all interest in the same to all intents and purposes as though such trustee or trustees were naturally dead and the said trust premises shall thereupon vest in the continuing and acting trustee or trustees Provided however that in every such case such trustee or trustees shall upon his or their request in writing be entitled to the same indemnity as he or they would be entitled to if he or they were excluded from the Methodists society as described in the proviso last hereinbefore contained Provided Always that nothing hereinbefore contained shall be construed to prevent or disqualify any person or persons so withdrawing or excluded as aforesaid from being at any future time nominated appointed and chosen (if then duly qualified) to be a trustee or trustees of the said piece of ground chapel or place of religious worship and premises under and by virtue of the powers or authorities hereinafter contained or either of them for appointing new trustees or for increasing the number of; the trustees of these presents Provided Always and it is hereby declared that from time to time and at all times hereafter upon the decease of any trustee or trustees for the time being of these presents the surviving trustee and trustees for the time being of these presents shall and will within six calendar months next after request for that purpose in writing made to them or him by the legal representative or representatives of such deceased trustee or trustees (but at the costs and charges in the law of such legal representative or representatives) respectively execute a bond in sufficient penalty) or other obligation to indemnify the legal representative or representatives of each and every deceased trustee and trustees who shall make such request as aforesaid his her and their lands tenements goods and chattels of from and against all bonds debts covenants obligations notes judgments claim and demand whatsoever which such deceased trustee or trustees had entered into or become subject or liable to on account or in respect of the said piece of ground chapel or place of religious worship hereditaments and premises or otherwise on account or in respect of the due execution of the trusts of these presents or any of them or in place or stead of such bond or other obligation of indemnity shall and will (at the choice and discretion of such surviving trustees for the time being upon such request and at such costs and charges as last aforesaid) cause or procure such legal representative or representatives as aforesaid to be well and effectually released or otherwise discharged of from and against all and every such bonds debts covenants notes judgments claims and demands as last aforesaid and page 31 of and from every of them and every part and parcel thereof respectively Provided Always and it is hereby declared that from time to time and at all times hereafter when so often as the trustees for the time being of these presents shall by death incapacity refusal to act in the trusts of these presents or absence as aforesaid or otherwise be reduced to the number of five trustees then and in every such case the superintendent preacher for the time being of the circuit in which the said chapel or place of religious worship happens for the time being to be situate shall at a meeting of the trustees for the time being of these presents and of such superintendent preacher (such meeting to be convened in manner as is hereinbefore mentioned and directed respecting special meetings) nominate as many persons being members of the said society of the people called Methodists in the circuit in which the said chapel or place of religious worship shall for the time being be situate (if a sufficient number of persons can there be found willing to take upon themselves the burden and due execution of the trusts hereby declared and if not then being members of the said society in that and some neighbouring or other circuit or circuits) as the said superintendent for the time being shall deem to be suitable persons being not fewer than twice the number of trustees then to be chosen elected and appointed unless the old continuing trustees shall be satisfied with his nominating a less number and the old trustees for the time being or the major part of them present at such meeting shall thereupon choose elect and appoint from amongst the said persons nominated as aforesaid so many persons to be trustees of the said piece of ground chapel or place of religious worship and premises as shall together with such of the old trustees as shall continue in the trusts of these presents make up in the whole the original number of trustees or if none of the old trustees shall continue in the trusts of these presents then shall choose elect and appoint so many of the persons nominated as aforesaid as shall be equal to the original number of trustees and the said piece of ground chapel or place of religious worship hereditaments and premises and every part and parcel thereof with the appurtenances (excepting only such part or parts thereof as shall have been sold and conveyed under or by virtue of the powers of sale in these presents contained or either of them) shall thereupon forthwith be legally and effectually conveyed and assured to and vested in such new and such surviving and continuing trustees jointly or to and in such new trustees wholly as the case may be upon such and the same trusts and to and for such and the same ends intents and purposes and with page 32 under and subject to such and the same powers provisoes declarations clauses and agreements as are in and by these presents expressed declared contained or referred to of and concerning the same piece of ground chapel or place of religious worship hereditaments and premises or such of them as shall be then subsisting or capable of taking effect and to for or upon no other use trust end intent or purpose whatsoever anything herein contained to the contrary in anywise notwithstanding Provided Always and it is hereby declared that from time to time and at all times hereafter although the trustees for the time being of these presents shall not be reduced to the number of five or if (through accident neglect or otherwise the appointment of new trustees shall not be made upon their being reduced to that number) and they shall be reduced to any less number than five then and in either of the said cases it shall be lawful for the said superintendent preacher and the then surviving trustees or trustee or the major part of them present at any meeting convened in manner as is hereinbefore mentioned and directed respecting special meetings to exercise and execute the power hereinbefore contained for the nomination choice and appointment of new trustees and for the then surviving trustees and trustee of these presents to convey and assure the said trust premises as last aforesaid although the said surviving trustees shall then either exceed or shall be reduced to any number below the said number of five Provided Always and it is hereby declared that if at any time or times hereafter the trustees or a majority of them for the time being of these presents shall judge it necessary or expedient to increase the number of trustees of these presents beyond the original number of trustees then and in every such case it shall be lawful for the said superintendent preacher for the time being of these presents or the major part of them present at such meeting convened as is hereinbefore mentioned and directed respecting special meetings to choose elect and appoint in the same manner as is hereinbefore mentioned and directed for the appointment and filling up the original number of trustees any number of such proper persons as aforesaid to be trustees of the said piece of ground chapel or place of religious worship and premises but so as the trustees so to be elected and appointed as last aforesaid together with such of the surviving trustees as shall continue in the trusts of these presents shall not in the whole exceed the number of thirty (30) persons And the said piece of ground chapel or place of religious worship hereditaments and premises and every part and parcel thereof with the appurtenances page 33 (excepting only such part and parts thereof as shall have been sold and conveyed under or by virtue of the said powers of sale in these presents contained or either of them) shall there upon forthwith be legally and effectually conveyed and assured to and vested in such continuing and new trustees jointly or to and in such new trustees wholly as the case ma be upon such and the same trusts and to and for such ad the same ends intents and purposes and with under ad subject to such and the same powers provisoes declrations clauses and agreements as are in these presents expressed declared contained or referred to concerning the said piece of ground chapel or place of religious worship hereditaments and premises or such of them as shall be then subsisting and capable of taking effect and to for or upon no other use trust end intent or purpose whatsever anything in these presents contained to the contraryin anywise notwithstanding Provided Lastly and it is hereby declared that from time to time and at all time hereafter it shall in all cases be lawful for the trustees for the time being of these presents in special meeting assembled as aforesaid or a majority of them to bring or defend any action or actions suit or suits respecting the aid trust estate and premises in the names or name of th trustees or trustee for the time being of these presents And also that if any difference disagreement or dispute shall at any time or times hereafter happen to arise between he trustees or trustee for the time being acting in the trusts of these presents and any other person whomsoever touching or relating to any boundary high privilege light way drain easement or any other matter o thing whatsoever belonging or relating or appertaining c supposed believed or claimed to belong relate or appetain to the said piece of ground chapel or place of religious worship hereditaments and premises or to any parts thereof and claimed or disputed by the party or parties in difference disagreement or dispute then and in every such ase it shall be lawful for but not imperative upon the trustees for the time being of these presents or a majority of them in special meeting assembled as aforesaid to refer every or any such matter or difference disagreement or dispute to the arbitration and decision of two indifferent persons one the be chosen by the said trustees for the time being or a majority of them and the other by the other party or parties in difference or disagreement and the award to be made by he said arbitrators under their hands and seals under such restrictions and conditions as to time and other circumstances as shall have been previously agreed upon in writing by the said trustees for the time being or a majority page 34 of them and the other party or parties in difference or disagreement or the award of their umpire to he appointed by the said arbitrators (subject to such restrictions and conditions as aforesaid) under his hand or hand and seal shall be binding or conclusive upon all parties and the same may if thought necessary or expedient be made a rule of any of Her Majesty's Courts of Record in New Zealand And the said Henry Matson for himself his heirs executors and administrators covenants with the said parties of the the third part their heirs and assigns That the crown grant of the said allotment number four of section number ninty-five bearing date the fifth day of June One thouaand eight hundred and fifty one shall from time to time and at all times hereafter (inevitable accident alone preventing) be produced in New Zealand as occasion shall require but at the request and costs of the trustees or trustee for the time being of these presents or their assigns and that at the like request and costs true and attested copies of the said grant shall be given to them him or any of them and that the said grant shall be kept safe whole and undefaced And Further that he the said Henry Matson hath given up to public purposes the streets or roads shewn on the plan drawn hereon and marked "Rutland Road" and "Gibraltar Crescent" which streets or roads are of the width of fifty links and that it shall and may be lawful for the trustees for the time being of these presents and their assigns and their agents and servants and the tenants and occupiers for the time being of the land hereby conveyed and all and every other persons and person from time to time and at all times for ever hereafter to go return pass and repass with horses carts waggons and other carriages in through along and over the said streets or roads In Witness Whereof the said parties to these presents have hereunto subscribed their names the day and year first above written.