New South Wales: Presbyterian Church Property Management Act of 1881 45 Vic (NSW)

ofeeeas An Act to make better provision for the MANAGEMENT. Management of the Property of the Presbyterian Church of New South Wales and to provide for the Election and Appointment of Trustees in whom such Property may be vested and to make further provisions in reference thereto. [Sth November, 1881.] Preamble. HEREAS by an Act of the Governor and Legislative Council of 8 W.IV No.7. New South Wales passed in the eighth year of the Reign of His late Majesty King William the F ourth number seven certain powers privileges and adv antages were conferred upon the Presbytery of New South Wales and upon the ministers of the Churches and congrega- tions under its spiritual superintendence And whereas by an Aet of the 1881. Presbyterian Church Property Management. the Governor and Legislative Council of New South Wales passed in the fourth year of the Reign of Her Majesty Queen Victoria number + viet, No. 18, cighteen the several powers privileges and advantages conferred upon the Presbytery of New South Wales and the ministers of the congre- gations under its spiritual superintendence by the said Act cighth William the Fourth number seven were vested in the Synod of Australia in connection with the established Chureh 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 the Synod of Eastern Australia and the Synod of New South Wales and certain separate congregations united together in the year one thousand eight hundred and sixty-four and formed another Presbyterian Synod known as the General Synod of the Presbyterian Church in New South Wales And whereas the said General Synod of the Presbyterian Church in New South Wales and the said Synod of Australia and the congregation in Phillip-street in the City of Sydney known as the United Presbyterian Church in Sydney united together in the year one thousand cight hundred and sixty-five and formed the Presbyterian Church of New South Wales under a supreme governing body called the General Assembly of the Presbyterian Church of New South Wales And whereas by the " Presbyterian Church Act 1865" « Presbyterian all and every the several powers privileges and advantages vested in Chur Act 1865. and belonging to the said Synod of Australia in connection with the Established Church of Scotland and the ministers and congregations under its spiritual superintendence under and by virtue of the herein- before recited Act fourth Victoria number cighteen were transferred from the said Synod of Australia to the said General Assembly of the Presbyterian Church of New South Wales to vest in and belong to the said General Assembly with respect to all the ministers and congrega- tions comprehended in the same and under the spiritual superintendence thereof as fully and effectually to all intents and purposes asif the said Presbyterian Church of New South Wales and the Gencral Assembly of the said Church had been named and mentioned in the said recited Act And whereas by the same Presbyterian Church Act it is pro- vided that all properties held by any 'Trustee for or on behalf of any ministers or congregations under the spiritual superintendence of or in connection with the said Synod of Australia or with the said General Synod of the Presbyterian Charchin New South Wales or for or on behalf of the United Presbyterian Church in Sydney or the Minister thereof at the time of the passing of the said Act shall continue to be held by the same Trustees or their successors subject to the trusts then affecting the same on hchalf of the same ministers and congrega- tions under the spiritual superintendence of or in connection with the said General Assembly of the Presbyterian Church of New South Wales And whereas it is expedient that the aforesaid Acts should be amended and better provision made as hereinafter respectively mentioned for the management of the property of the Presbyterian Church of New South Wales and for the election and appointment of Trustees in whom such property may be vested Be it therefore enacted by the Queen'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 :— 1. Every person now seised of or entitled to any real or personal Property now vested property in trust for the usc and benefit of any congregation of the tutes to be held. Presbyterian Charch of New South Wales or any body of Presbyterians included in that Church shall hold such real and personal property under the provisions of this Act but nevertheless upon the several trusts now affecting the same anything in the said recited Acts contained notwithstanding. 2. 32 45° VIC. 1881. Presbyterian Church Property Management. Election of Trustees. 2. Every congregation under the spiritual superintendence of or in connection with the General Assembly of the Presbyterian Church of New South Wales may as occasion shall require elect in accordance with the rules and regulations in force for the time being in that behalf made and authorized by the said General 'Assembly not less Qualification of than three nor more than five Trustees for the purposes hereinafter 'Trustees. mentioned And every Trustee elected under the provisions of this Act shall be a male above the age of twenty-one years and a com- municant or seat-holder of the congregation in respect of which he is elected Trustee. Filling up vacancies. 3. Every such congregation may elect in manner hereinbefore provided a Trustee in the place of any Trustee who shall have died or resigned or shall have been removed from the Trusteeship by the said General Assembly. Removal of Trustees 4. The said General Assembly may at the suit of the other by General Assembly. Trustees or of the Kirk Session or of the Deacon's Court or Managing Committee of any such congregation remove any Trustee or Tr ustecs, Ex officio Trustees. 5. In addition to the Trustees elected as aforesaid the Moderator and clerk of the said General Assembly for the time being respectively and the minister for the time being lawfully appointed and recognized by any presbytery of the said Church and the said General Assembly as the ordained minister of any such congregation shall be ea officio Trustees of such property. Memorandum of 6. Within thirty days after every election of Trustees as te be published ie aforesaid a memorandum in writing signed by the Moderator for the Gazette. time being of the said General Assembly and setting forth the names in full of every person so elected as aforesaid shall be published in. the New South Wales Government Gazette and the production of a copy of such Gazetée shall be conclusive evidence that the persons named in such memorandum together with the ea officio Trustees as aforesaid are for the time being the duly constituted 'Trustees of the Church or congregation named therein. Vesting of property 7. Upon the publication of every such memorandum as afore- in the Trustecs. said all the real and personal estate belonging to or held in trust for the church or congregation therein mentioned shall from time to time be vested in the Trustees named in such memorandum together with the ex officio Trustees as aforesaid for the purposes of this Act without any conveyance assignment or other assurance whatever and shall be held by the said Trustees subject to any express trusts affecting the same upon trust for the use and benetit of the Church or congregation entitled thereto as the said General Assembly may from time to time direct. Power to rent pews 8. Notwithstanding anything to the contrary contained in the ea ricaticn of rents said recited Act eighth William the Fourti: number seven the Deacon's &e. of same. Court or Managing Committee of any such church or congregation is hereby authorized to fix the annual or other rent of each pew or sitting in such church and to collect all rents and moneys which may be or become due and payable in respect of such pews and sittings and to sue for and recover the same from all persons refusing or neglecting to pay the same and to receive and hold all moneys raised or received on behalf of such congregation and apply the same according to the rules and regulations in that behalf made from time to time by the said General Assembly. Rights and privileges 9. The minister lawfully appointed and recognised as aforesaid of oficiating shall have free access and admission to and into the church of which he is the officiating minister and the burial-ground belonging thereto and every part thereof respectively at all times as he shall think fit and freely exercise his spiritual functions therein respectively without interruption or disturbance by his co-trustees or any person whomsoever 1881. 45° VIC. Presbyterian Church Property Management. whomsoever and shall while he shall continue to be such minister as aforesaid freely use possess and enjoy the minister's dwelling-house garden and appurtenances belonging to the said church and shall be entitled to reecive for his own use and benefit out of the rents issues and profits of any glebe or other lands belonging thereto a sum not exceeding one hundred and fifty pounds a year exclusive of stipend from other sourecs Provided that no such liberty of acecss admission or possession as aforesaid for any length of time whatever shall confer any right of possession or property in such minister after he shall have ceased to be such officiating minister as aforesaid or after he shall have been removed from his office by the decision of the Presbytery or the said General Assembly nor shall be set up in defence in any action of ejectment which may be brought by the Trustees for the time being of such church or congregation as aforcsaid for recovering possession of such dwelling-house garden glebe and appurtenances or any part thereof. 10. Where any land has been or may hereafter be granted or Election of Trustees demised either by the Crown or any private person to any person or where a congregation persons upon trust for a church minister's dwelling school burial- ground or any other purpose for or on behalf of the said Synod of Australia or for any body of Presbyterians now included in or which may hereafter join and be included in the said Presbytcrian Church of New South Wales in any place where a congregation has not becn formed the Presbytery of the bounds within which such land is situate shall at any ordinary mecting thereof of which not less than three calendar months notice shall have been given elect by majority of votes of the members present at such meeting not less than three nor has not been formed. more than five Trustees qualified as hereinbefore provided And such Application of rents land shall be vested in the Moderator and Clerk of the said General « Assembly for the time being respectively and the Trustees so elected as aforesaid and held by them in trust and managed until a congrega- tion shall be formed and the rents issues and profits thereof shall "be applied as the said Presbytery shall direct. 11. The Trustees in whom any land is or may be vested in trust Trustees may grant for the Presbyterian Church of New South Wales or for any congrega- !*** tion thereof may from time to time by any deed lcase for any term not exceeding fifty years from the time of making the same such lands as by the said recited Act eighth William the Fourth number seven are authorized to be let upon leases for any term not execcding twenty- eight years reserving in every such lease the best rent that can be reasonably obtained for the same notwithstanding anything to the contrary contained in the said Act. 12. Any body of Trustees as aforesaid may with the consent of Trustees may sell a majority of the congregation obtained at a meeting held according @4 my nds & to the rules and regulations of the General Assembly and with the concurrence of such Gencral Assembly scll any real or personal property vested in them by public auction or private contract and cither in one lot or several lots as they shall deem most expedient for such price or prices as can be reasonably obtained for the same and when sold convey the same or any part or parts thereof and thereupon the same shall vest respectively in the purchaser or purchasers thereof his or their heirs exccutors administrators or assigns according to the estate or interest of the said Trustecs therein absolutely freed and dis- charged from the trusts affecting the same and ihe receipt in writing of the said Trustees for the purchase moncy of any property sold under this Act shall absolutely discharge the purchascr or purchasers thereof from the purchase money payable by him or them respectively and shall exonerate him or them from secing to the application of the said purchase money and from all liability as to the misapplication or non- e application 34: Application of proceeds of sale. Powers kc. of Trustees under 8 William 4 No. 7 4 Victoria No. 18 and " Presbyterian Church Act of 1865" vested in Trustees elected and appointed under this Act. Short title. 45° VIC. 1881. Sydney Hospital. - application thereof and shall be conclusive evidence that such consent and concurrence to sell and convey as aforesaid has been given by the said congregation and General Assembly respectively. 13. The procceds of any property sold under the provisions of this Act shall subject to the approval of the said General Assembly be applied by the 'Trustees selling the same in the purchase of other lands as a site for a church or a minister's dwelling-house or a school- house for the use of the congregation for which the land so sold had been held in trust and in and towards the crection and maintaining a church or a ministcr's dwelling-house or a school-house upon the said site and the receipt of any person or persons to whom any moncy shall be paid under the provisions of this section shall be a valid and complete discharge to the person or persons paying the same for such moneys. 14. Except as herein otherwise provided the several powers authorities privileges and rights vested in and conferred upon the Trustees elected or appointed by virtue and in pursuance of the several Acts of Council eighth William the Fourth number seven fourth Victoria number cighteen and the " Presbyterian Church Act of 1865" shall be vested in and enjoyed by the several bodies of Trustecs respectively constituted under the provisions of this Act Provided always that the several powers privileges and advantages conferred upon the said General Assembly by the " Presbyterian Church Act of 1865" and confirmed by this Act shall cease and deter- mine unless the said General Assembly shall continue its adherence to the doctrines of the Westminster Confession of Faith and to the constitution government and discipline of the Presbyterian Church. 15. This Act may be cited for all purposes as the " Presbyterian Church Property Management Act of 1881."