New South Wales: Presbyterian Church Act of 1865 28 Vic (NSW)

An Act to reguiate the temporal affairs of the P'gzrmes Presbyterian Church in the Colony of New ~~ South Wales. [12th May, 1865.] Vy HEREAS by an Act of Council passed in the cighth year of Preamble. the reign of Tis late Majesty King William the Four th number seven certain powers privileges and advantage: 's were conferred upon ® Will 4 No.7. the Presbytery of New South Wales and the Ministers of the Churches and Congregations undcr its spiritual superintendence And whercas by an 'Act of Council passed in the fourth year of the reign of Ter Majesty Queen Victoria number cightcen the several powers privileges and advantages conferred upon the Presbytery of New South W ales and the Ministers of the Con gregations under its spiritual superin- tendence by the said Act cighth "William the Fourth number seven were vested in the Synod of Australia in conncetion with the Established Church of Scotland and the Ministers of the Congregations under its spiritual superintendence as fully and effectually to all intents and purposes as if the said Synod had been specially named and mentioned therein And whereas since the formation of the said Synod of Australia another Presbyterian Synod has been formed in the said Colony known as the General Synod of the Presbyterian Church in New South Wales consisting of certain Ministers and representative ruling Elders of certain Congr egations of Presbyterians the Ministers and ruling Elders of such Congres: ations not being under the spiritual superintendence of nor having any ceclesiastical conneetion with the said Synod of Australia And whereas there is a Congregation of Presbyterians assem] sling in Phillip-strect in the city of Sydney known as "The United Presbyterian Church in Sydney " which is not under the spiritual superintendence of nor has any ecclesiastical connection with the said two Synods or cither of them And whereas the said two 4 Vic. No. 18. 8 28° VIC. 1865. P. ? resbyteri ian Char ch, two Synods and the said United Presbyterian Church in Sydney and the Minister thereof have agreed to unite together and form one Church to be called " The Presby terian Church of New South Wales" and also to form in accordance with Presbyterian usage a supreme governing body for the said Church to be called "The General Assembly of the Presbyterian Church of New South Wales" And whereas the said agrecment cannot be fully carried into effect without amending the said recited Act fourth Victoria number eighteen in manner hereinafter provided Be it therefore enacted by the Qucen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :— Powers and privi- 1. From and after the publication in the New South Wales Jeaes of Synod of | | Government Gazette of a notice that the said Presbyterian Church of to the General New South Wales and the said General Assembly of the Presbyterian Pein ection the an Church of New South Wales have been respectively formed such of New South Wales. notice to be signed on behalf of the Synod of Australia and of the said General Synod of the Presbyterian Church in New South Wales respectively by the persons who shall at the time of the formation of the said Church and General Assembly hold the office of Moderator of the said Synods respectively and on behalf of the said United Presby- terian Church in Sydney by the Minister of the said Church for the time being all and every the several powers privileges and advantages which are now vested in and belong to the said Synod of Australia in connection with the Established Church of Scotland and the Ministers and Congregations undev its spiritual superintendence under and by virtue of the hereinbefore recited Act fourth Victoria number eighteen shall be transferred from the said Synod of Australia to the said General Assembly of the Presbyterian Church of New South 'Wales and shall vest in and belong to the said General Assembly with respect to all the Ministers and Congregations comprehended in the same and under the spiritual superintendence theveof as fully and effectually to all intents and purposes as if the said Presbyterian Church of New South Wales and the General Assembly of the said Church had been named and mentioned in the said recited Act and had been invested with all and the like powers privileges and advan- tages thereby conferred on the said Synod of Australia in. connection Churches &e. to be W ith the Established Church of Scotland And thereupon all and held in connection overy the estate right title and interest in all churches and chapels and Assembly of the Ministers' dwellings and the sites of the same respectively and in all Presbyterian Church huvial erounds and glebe lands and in all other lands and premises which at the time of the passing of this Act are held by any Trustee or Trustees for or on behalf of any Ministers or Congregations as Ministers or Congregations under the spiritual superintendence of or in connection with the said Synod of Australia or which are held for or on behalf of or are used by any Congregations of Presbyterians which at the time of the passing of this Act shall be under the spiri- tual superintendence of or in connection with the said General Synod of the Presbyterian Church in New South Wales or for or on behalf of the United Presbyterian Church in Sydney or the Minister thereof shall continue to be held by the same Trustee or Trustees and his and their lawful successors subject to the powers provisoes and declarations now affecting the same on behalf of the same Ministers and Congrega- tions and their successors as Ministers and Congregations under the spiritual superintendence of or in connection with the said General Assembly of the Presbyterian Church of New South Wales as fully and effectually in all respects as if the said lands and premises had been granted and conveyed to such Trustee or Trustees upon trust for the use of the said Ministers and Congregations as Ministers and Congregations 1865. 28° VIC. 9 Rogers' Settlement. Congregations under the spiritual superintendence of or in connection with the said Gencral Assembly subject to and in conformity with this and the said recited Acts and for no other trust or purpose whatsoever. 2. Any Minister recognized by the said General Assembly of ministers recognized the Presbyterian Church of New South Wales as a Minister of the by the General said Church shall be capable of being the Minister of any Congrega- Ministers of any tion under the spiritual superintendence of or in connection with the Ghurch or Congrega- said General Assembly and to officiate in and be the Minister of any therewith. Church used in connection therewith any declaration or provision in any grant or other decd relating to the lands hereditaments and premises held in trust for such Congregation to the contrary notwith- standing. 3. Nothing in this Act contained or that may be done under Act notto affect this Act shall be deemed prejudicially to affect or to deprive any o_o person of any right privilege advantage or emolument whatsoever which he now has or to which he is in anywise entitled any law to the contrary notwithstanding. 4, This Act shall be styled and may be cited as "The Presby- Short title. terian Church Act of 1865."