Church of England Temporalities Act Amendment Act 1857 No 42a (NSW)

No. IV.

An Act to amend an Act passed in the e ighth year of the reign of His late Majesty King William the Four th inti tuled " An Act to

" regulate the Temporal Affairs of Churches and

" Chapels of the United Church of England and

" Ireland	in New South Wales."	[15th	Decem­
ber, 1857.]

" regulate the Temporal Affairs of Churches and Chapels of the United	WH E R E A S
" Church of England and Ireland in New South Wales" i t is amongs t
o ther t h i n g s enacted t h a t whenever a n d as often as i t shal l happen tha t t h e glebe land belonging to any Church or Chapel u n d e r t he said A c t n o t be ing in possession or occupat ion of any Clergyman licensed to officiate in such Church or Chapel or wi th t h e consent of t he C le rgyman being in such possession or occupat ion may be improved by bu i ld ing u p o n the same or otherwise so as to admi t a grea te r year ly profit be ing derived therefrom t h a n the s u m of one hund red a n d fifty pounds a n d securi ty be given for paymen t to t h e Clergyman who shall nex t be l icensed to officiate in such C h u r c h or Chapel and also to t he presen t officiating Clergyman if any so consent ing as aforesaid of t he said sum of one h u n d r e d and fifty pounds annua l ly i t shall and may be lawful for t he Trus tees of such Church or Chapel wi th the fur ther consent in wr i t ing of t he Bishop of t he Diocese to enter in to and upon the said glebe l and and to let t h e same upon leases for any t e r m not exceeding twen ty -e igh t years reserving t h e r en t s issues and profits thereof to t he said Trus tees for t he t ime be ing who shall and m a y receive a n d apply the said ren t s issues and profits upon t r u s t in t he first place to pay to t h e officiating Minis te r of t he said Church or Chapel t h e full s u m of one h u n d r e d and fifty pounds year ly as and for an al lowance for t h e said glebe and in t h e n e x t place wi th t h e consent of the Bishop to apply t h e same or any par t thereof in or towards bu i ld ing or en la rg ing the Church or Chapel of t he par i sh or place to which such glebe l and is annexed or a residence for t h e Clergyman of the same if i t be necessary and af terwards in or towards bu i ld ing or en la rg ing a Church or Chapel of t h e U n i t e d Church of E n g l a n d a n d I r e l and in any other place in t he same township or distr ict a n d in t he paymen t of a s t ipend of one h u n d r e d pounds year ly to t he officiating Min i s te r for the t ime being of t he las t -ment ioned Church or Chapel and as often as t he r en t s issues and profits of any such glebe land so let by t h e Trustees
will admi t thereof upon t rus t w i th t he consent of the Bishop in m a n n e r
aforesaid to apply t h e same in or towards t he bu i ld ing of other such Churches or Chapels and houses of residence for Clergymen and endow­ ing the officiating Minis ters thereof respectively to t h e ex ten t of one h u n d r e d pounds yearly as aforesaid A n d whereas it is expedient to amend the said A c t by ex tend ing the period for which such leases as aforesaid m a y be m a d e to any t e rm no t exceeding n ine ty-n ine years Be it therefore enac ted by t h e Queen ' s Most Exce l len t Majesty by a n d wi th t he advice and consent of t h e Legislat ive Council and the Legis­ la t ive Assembly of N e w South W a l e s in P a r l i a m e n t assembled and by
the au thor i ty of t he same as follows ;—

by t h e A c t of Council passed in t he e igh th year of H i s

la te Majesty K i n g W i l l i a m t h e F o u r t h in t i tu led " An Act to

1. I t shall he lawful for t h e Trus tees of Churches and Chapels nomina ted a n d elected in p u r s u a n c e of t h e said recited Ac t w i t h t h e

consent in wr i t ing of t he Bishop of t h e Diocese and subject t o t h e

provisions of th i s a n d t h e said reci ted A c t from t ime to t ime by any

deed to lease for any t e r m or n u m b e r of years n o t exceeding n ine ty-

n ine years from t h e t ime of m a k i n g t h e same such glebe lands as by t he said reci ted Ac t they are author ized to le t upon leases for any t e r m n o t exceeding twenty-e igh t years reserving in every such lease t h e

best r en t t h a t can be obta ined for t h e same.

2. I n any lease to be gran ted u n d e r t h e au tho r i t y of th i s A c t

i t shall be lawful for t he Trus tees g r an t ing any such lease as aforesaid wi th the consent of t h e Bishop of t h e Diocese if they shall t h i n k fit to reserve a small r en t du r ing t h e first ten years or any less por t ion of t h e t e r m the reby created and to reserve a n increased r en t or increased ren ts to become payable after t h e expira t ion of such first t en years or less por t ion of t h e t e r m created by such lease.

3. I t shal l be lawful for t h e Trustees for t h e t ime be ing to confirm any lease p u r p o r t i n g to have been g ran ted unde r t he au thor i ty of th i s Ac t in any case in which for some technical er ror informal i ty or i r r egu la r i ty in exercis ing the powers of th i s A c t such lease shal l be voidable or quest ionable or to accept a n ac tua l or v i r tua l su r render of a n y lease which shal l have been m a d e a n d executed or which shal l p u r p o r t to have been m a d e and executed b y v i r tue of th i s A c t a n d in any case where a t t h e t ime when such su r render shal l be accepted one- four th p a r t or more t h a n one-fourth p a r t of t h e t e r m originally g ran ted

shal l r emain unexp i red to m a k e a new lease or several	apport ioned
leases of t h e l ands houses and bui ld ings comprised in such	sur rendered

lease for any t i m e not exceeding the t h e n residue of	t h e t e r m	gran ted
or in tended to	be	g r an t ed by such su r rendered lease and a t a r en t or

appor t ioned r en t s equal in a m o u n t to or exceeding the former	r e n t or
ren t s .

4 . A n y lease or confirmation g ran ted or m a d e or sur render

accepted unde r th i s A c t in considerat ion in whole or in p a r t of any

fine p r e m i u m or foregift or a n y t h i n g in t h e n a t u r e thereof direct ly or indi rec t ly pa id or given shall be absolutely void to all i n t en t s and purposes whatsoever bo th in law and in equi ty .

5. I t shall no t be lawful for any Trustees directly or indi rec t ly

by any con t rac t deed j u d g m e n t w a r r a n t of a t torney or o therwise to

charge or i ncumber or to bor row or raise any money by m o r t g a g e or

otherwise upon t h e secur i ty of t he said l and or any p a r t thereof or of

any	r e n t	reserved by any	lease m a d e u n d e r	t h e	au thor i ty	of	th i s
Act .

6. The Trus tees of t he said Churches and Chapels shal l once in every year furnish to t h e Bishop of t h e Diocese a t r u e account of all r e n t s received or receivable by t h e m for or in respect of t h e glebe lands leased u n d e r t h e au thor i ty of th i s Act and of t h e appropr ia t ion of t h e same.

No . V .