New South Wales: Sydney Diocesan Revenues Act of 1905 (NSW)

ANNO QUINTO EDWARDI VIT REGIS. An Act to provide for the disposal of Certain sexiy pure LBEVENUES, revenues appertaining to the Church of — Kneeland in the Diocese of Sydney. [27th July, 1905. | WV ERTS by an indenture dated the second day of January, Preamble. one thousand eight hundred and thirty-nine, and made bet ween Thomas Moore, of the one part, and the Right Reverend William Grant Broughton, Doctor of Divinity, Lord Bishop of Australia, of the other part, certain lands, being part of the lands known as Moore- bank Estate, and more particularly deseribed in the said indenture, were vestedin the said Willian. Grant Broughton, Bishop of Australia, and his successors, such Bishops of Australia, upon trust, among other things, for the maintenance and support of the said Bishop of Australia and his suecessors : And whereas by deed of grant from the Crown, dated the ninth day of July, one thousand eight hundred and forty-six, certain other lands, situate in the county of Cumberland and the parish Act, 1905. Syane yy Diocesan Revenues. parish of Petersham, and now known as the Bishopthorpe Estate, were vested in the said Bishop of Australia and his successors upon trust, subject to the provisions of the said deed, for the maintenance of the said Bishop of Australia and his successors: And whereas the said lands hereinbefore mentioned (with the exception of portions thereof which have sinee been sold), together with certain moneys derived from the sale of such portions, are now held in trust for the maintenance and support of the Bishop of Sydney and his suceessors : And whereas by deed of grant from the Crown, dated the eighth day of January, one thousand eight hundred and sixty-six, certain other lands, situate in the county of Cumberland and parish of Alexandria, and therein more particularly desevibed, were granted to the Bishop of Sydney and his successors upon trust for the appropriation thereof as the site of an episcopal residence for the Bishop of Sydney and his successors, the said lands to be enjoyed as the site for the episcopal residence, and for gardens, pleasure-grounds, and pasture lands in connection with the said episcopal residence of the Bishop of Sydney for the time being : And whereas parts of the said jast-mentioned lands have been sold under the powers contained in the " Bishopscourt Sale and Leasing Act, 1886," and the residue containing the present episcopal residence of "Bishopscourt"' is now vested in the "Church of Kugland Property Trust, Diocese of Sydney," upon the trusts of the said Crown grant, but subject to amortgage to the trustees of the " Church Centennial Fund," effected under and by virtue of a certain ordinance of the Synod of the Diocese of Sydney, and styled the ' Bishopscourt Estate Mortgage Ordinance of 1894," upon the security of which mortgage there now remains unpaid a principal sum of three thousand nine hundred pounds together with certain interest: And whereas, by an ordinance passed hy the Synod of the Diocese of Sydney in the year one thousand eight hundred and eighty-five, and intituled * An Ordinance for the administration of the See of Sydney during a vacancy of the Sec," the trustees of the Church of England Property Trust Diocese of Sy dney were constituted the guardians of the temporalities of the See during such vacaney, and certain provisions were made for the application during a yacaney of the Sce of moneys which would have been pay: able to the Bishop of the Diocese for the time being for his own use: And whereas the moneys affected by the said ordinance consist in part of income derived from the trusts of the estates aforesaid : And whereas doubts have arisen as to the extent of the powers of the said Synod to pass ordinances respecting the application of income derived from either of the said trusts: And whereas: it is expedient that the said Synod should have power to pass ordinances regulating the application of portions of the said income under thie circumstances and subject to the conditions hereinafter expressed : And whereas if is also expedient to make statutory provision for the guardianship Sydney Dioecsan Revi CHUCS. euardianship of the temporalities of the said See during vacaney, and to confirm and ratify the ordinance aforesaid, and all appropriations of income heretofore made thereunder: And whereas it is also expedient that the said Synod should have power to pass ordinanees fixing the amount to be paid to future Bishops of the said) Diocese as stipend, and making provision for the application of any income derived from the trusts aforesaid during the occapaney of the said See by any future Bishop in excess of what may be required for the purpose of providing the said stipend : Be it therefore enacted by the King's Most Execllent Majesty by and with the advice and consent of the Ls Council and Legislative Assembly of New South Wales ta Prr assembled, and by the authority of the same, as fellows: 1. During any vacaney of the See of Sydney the "Chareh of Eneland Property Trust Diocese of Sydney." incorporated under the provisions of the Church of Engk ind 'Trist P rope riv Incorporation Act, 1881," hereinafter termed the said trustee s, * shall be guardian of the temporalities of the said See, and shall he entitled { to receive and hold in trust, and, subject to the provisions of this Act, to apply all income accruing from any source during such vacancy which if the said See had not heen vacant would but for this Act have been payable to the Bishop thereof for the time being for his own use: Provided that it shall be lawful for the said trustees in the first instance to defray out of the said income the costs, charges, and expenses incidental to the passing of this Act. 2. Subject to the provisions of this Act, and notwithstanding anything contained in any of the trusts hereinbefore mentioned, all such income as aforesaid accruing during such vacancy, and received as aforesaid by the said trustees, shall be applied by them in accordance with the dircetions hereinafter contained, lisaeent 8 The objects towards which such income may be applied shall be any one or more of the following, that is to say— (a) The payment of rates and taxes on any land so held in trust as aforesaid. (b) The discharge of any liability affecting the revenues of the See during the vacaney thereof, (c) 'Phe repair, renovation, or improvement of the episcopal residence of the Bishop of the said See, at Randwick, known as Bishopscourt, including repair or renewal of fences appurtenant thereto. (d) The payment of as tipend or salary to the administrator of the Diocese diving the pe sviod of vacancy at such rate as may be provided by any ordinance passed as hereinafter provided. (c) The defraying of expenses incurred in the discharge of episcopal functions within the Diocese during the vacaney of the See. U (1) Coordin af femperadt ies, Revenues of See during vacaney, How snel Fev eCTUes: to be ay plied, Ohjocts of application of revenues, Proviso, Power to pass ordinances, Validation of ordinance, Revenues during oceupancy of See. Act, 1905. Sydney Diocesan Reven ues. (f) The defraying of expenses incurred in filling up the vacancy of the See. (g) The payment of a sum not exceeding one thousand pounds to the incoming Bishop for his own use. (h) The discharge of the said encumbrance now existing on the said episcopal residence at Bishopscourt. (i) The assistance of such Diocesan fund or undertaking now existing or hereafter to he established as may be directed by any ordinance passed by the Synod of the Diocese of Sydney as hereinafter provided or determined in manner provided by any such ordinance : Provided always that the whole of the said income not applied to one or other of the aforesaid objects (a) to (f) shall, unless it execeds one thousand pounds, be applied to object (g), but if it exceeds one thousand pounds the excess over and above the said sum of one thousand pounds shall be applied towards object (h) until the said encumbrance is discharge and satisfied, and that only after the said encumbrance is discharged and satisfied shall any application of such income be made towards object (i). 4. It shall be lawful for the Synod of the Diocese of Sydney, by ordinance to be passed in the manner provided by the Church of England Constitutions Act) Amendment Act of 1902, or any