Churches Act 1847 (SA)
No. 10.
To Promote the Building of Churches and Chapels .for Christian
[3rd August, 1843.1HEREAS for the advancement of the Christian Religion, and
Preamble. W the promotion of good morals in South Australia, it is expe-
dient to encourage the observance of public worship, and for this
purpose to authorize the issue from the Public Revenue of the said Province of sums to be applied in aid of the building of churches
and chapels for Christian Worship, and of the maintenance of minis-
ters of religion:
Be it therefore Enacted, by the Governor of South Australia,
Regulating theissue
with the advice and consent of the Legislative Council thereof- | |
That whenever i t shall be made to appear to the satisfaction of the
churchoa and mini+ Governor and Executive Council, that a population equal to fifty
tore' dwellings.
adult persons are desirous to erect a church or chapel for Christian worship, or a dwelling for the officiating minister thereof, at any placq within the Province, and a sum not less than Fifty Pounds shall have been raised |
Treamry,
in aidof any church, chapel, or minisier's dwelling, of
any sum exceeding One Hundred and Fifty Pounds; and that nosum shall be so issued in aid of any private contribution, until such contribution shall be wholly paid up and deposited or secured to the satisfaction of the Governor, with the advice of the Executive Council: Provided further, that nothing herein contained shall prevent or be construed to prevent the appropriation for thc purl poses aforesaid, of any sum exceeding One Hundred and Fifty Pounds, by the Governor, with the advice and consent of the Legis- lative Council,
'' "' |
be certified to the Governor by the trustees or officers appointed for managing the temporalities of any church or chapel, according
to the usages of the religious communion to which the same is pro- fessed to belong, in the form of the Schedule hereunto annexed, marked with the letter A, that not less than fifty sittings have been rented and paid for in any church or chapel, erected or t o be erected
in conformity with the provisions of this Orctinancc, for one whole
year, commencing mithir~ one" month previously to the date of such certificate, and that such sittings are
bond$de intended to be occu- pied by persons frequenting such church or chapel, it shall be l a d u l for the Governor, with the advice of the Executive Council, to issue from the Colonial Treasury, to thc minister thereof, a stipend not exceeding Fifty Pounds for the year then current, and if it shall be
rented and paid for to be occupied as aforesaid, then it shall bc | so certified as aforesaid, that a greater number of sittings have been |
lawful to issue iu manner aforesaid to such minister a further stipend, increasing at the rate of ten shillings for every such ad- ditional sitting of the next one hundred and fifty, and at the rate of five shillings for every such additional sitting beyond that numbcr: |
Provided always, that no stipend shall be increased beyofid the sum of two hundred pounds in any year. |
- |
officinting in two
the Governor, in manner aforesaid, that any such minister has been duly appointed to and usually officiatcs at lkast oucc on every Lord's day in two such churches or chapels, not being more than ten miles distant from each other, in each of which churches or chapels there | |
to be occupicd as aforesaid, it shall be lawful for thc Governor, with the *ice of the Executive Council, to issue from the Colonial |
of
- | |
not exceeding half the above rates of stipend. |
IV. And be it Enacted, That tvhenever i t shall be made to
Support of ministers
appear to the satisfaction of thc Governor and Executivc Council, thcreiano |
that there is resident in any part of the Province, a population of one hundred adult persons, kquiring pastoral supe&te~dence, and that there is no church or chapel erccted, or likely within one year to be erected, at whic!l such persons can reasonably be expected to attend, it shall be lawful for the Governor, in manner aforesitid, and subject to such regulations for the due application thereof, as from time to time may be made with the advice of the Executivc Council, to issue from the Colonial Treasury, towards the maintenance of a minister of religion, or missionary, for the spiritual care of such persons, any sum not exceeding Fifty Pounds in any one year: Pro- Proviso.
vided an amount equal to the sum so to be issued shall previously have bcen raised by private contribution, and deposited or securcd for such purpose to the satisfaction of the Goyeraor, with the advice
of the Executive Council.
every year for which the stipend of any minister or missiouary shall | V. Provided always, and be it Enacted, That once at least in |
be issucd as aforesaid, such proof shall be produced to the Governor and Executive Council as they shall require, of the sufficicllt and regular performance of the duties in respect of which such stipend shall bc rcspcctively issued; and if i t shall appcar to the Governor and Executive Council, that the said duties have been culpably or mil- fully neglected, it shall be lawful for the Governor and Executivc Council to withdraw the said stipend for such time as shall seem propcr.
to be |
issued from the Colonial Treasury towards the building of any church, chapel, or minister's dwelling in the manner aforesaid, | trustees s l d l be nominated and appointed in pnrsuancc of this | Ordinance; and that the wholc real estate in fee simple, in the site |
of such church, chapel, or minister's dwelling, and of any lands, | ||
hewditaments, and appurtenances thcrcunto belonging, shall bc con- | ||
veyed to the said trustees, upon trust for the erection, maintenance, | ||
and repair of such church, chapel, or minister's dwelling ancl appur- tenances, and for the provision out of thc rcvmues belonging to or arising from the use of the said church or chapel, laids, hcredita- ments, and appurtenances, in such manner as shall be lawfully appointed, of all things necessary for the cclebration of Divinc Worship and Service therein, subject to the provisions of this Ordi- nance; and to the said Trustees shall bc issurd uiidcr such reguli~tions | ||
for the due appropriation and application thereof, as hereinbefore mentioned, all such sums of money as by the provisions of this Ordinance are authorized to be issued in aid of the crection of m y church, chapel, or minister's dwelling. |
VII, | manner |
manner following :-That is to say--Wheneverany number of per- sons shall, by private subscription, contribute any sum not less than Fifty Pounds, for or towards erecting or providing a church or chapel, or minister's dwelling, land, or appurtenances thereto belonging, it shall and may be lawful for the said subscribers to elect by plurality of votes, any number of trustees, not less than three, nor more than five, subject to the approval of the Governor and Executive Council; and such election shall take place at a meeting of the subscribers, of the time and place of holding which, at least fourteen days' previous notice shall have been given by publication in theSouth Australian GovernmentGazette: and every person having subscribed and paid One Yound towards the erection of any such church, chapel, or minister's dwelling (if any connected therewith), and being also a member of the church or religious persuasion to which the same belongs, shall be entitled to vote at all elections of trustees for the same, until suchchurch or chapel shall have been completed.
Trustees to bo
VIII. And be i t Enacted, That every person so to be nominated or elected a trustee, shall be a member of the church or religious |
pcrsuosion in behalf 'of which he is appointed a trustee, freque&ng
its public services, and not known to impugn publicly any of its doc-
trines; and willing to accept and act in the execution of such trust.
Trustee disqualified
IX. And be i t Enacted, That any such trustee as aforesaid, who shall leave the Province, and shall be absent therefrom more than six months in succession, or who shall be a confirmed lunatic, or found not to be qualified as hereinbefore mentioned, shall and may be removed from his office by the remaining trustees, or the greater number of them, at a mccting of trustees held for that purpose, after at least fourteen days' previous notice thereof shall have been given to all the trustees within the Province. | |
X. And be it Enacted, That whenever and as often as any trustee, |
in, | nominated or elected under the provisions aforesaid, shall die, | |
disclaim, or resign his office with the consent of his CO-trustee, or shall be removed as aforesaid, the surviving or continuing trustees shall forthwith call a meeting of the subscribers, if the church or chapel shall not have been then completed or opened for Divine Service, or | ||
of thc seat-holders therein, after that period (as the case may | ||
require) for the purpose of electing a new trustee in the place of the one so dying, disclaiming, or desiring to resign, or removed as aforesaid; and the election of such new trustee shall at all times before the completion or opening of such church or chapel | ||
be made by the subscribers thereto, and shall at all times | ||
after the completion or opening thereof, bc made by the seat- holders, and the same notice shall be given of the time and | ||
| ||
observed in all other respects | ||
upon the original nomination or election of trustees: Provided howevet, |
he
he shall duly have accounted to the satisfaction of his CO-trustees,
for all sums of money at any time received by him in his said trust.
XI. And be it Enacted, That if the surviving or continuing |
trustees, appointed under the provisions aforesaid, shall not within
one month after the death, disclaimer, resignation, or removal of | |
any trustee, give public notice in manner last aforesaid of a meeting of subscriberu, or seat-holders as the case may be, for the election of a new trustee, it shall and may be lawful for any six of the sub- scribers, or seat-holdcrs, upon giving fourteen days' public noticc in manner aforesaid, to assemble a meeting, as the case may be, of the subscribers, or seat-holders, being members as aforesaid, and to |
proceed to the election of a new trustee: | And if no such meeting |
be held, nor election proceeded with, within two months after the | the |
death, disclaimer, resignation, or removal of any trustee as aforesaid, it shall and may be lawful for the Governor, by writing under his hand, to be enrolled in pursuance of this Ordinance, to nominate and appoint a fit and proper person, being qualified as aforesaid, to be such trustee. |
as aforesaid,. pursuant to this Ordinance, shall become jointly with | XII. And be i t Enacted, That every new trustee to be nominated |
the continuing or surviving trustees or trustee, a trustee of the site of the church, chapel, minister's dwelling, lands, hereditaments, and appurtenances thereto belonging, in respect whereof he shall be so nominated; and, upon such nomination being approved by the Governor and Executi~e Council, and being by direction of the Governor, by writing under his hand, enrolled in the General Registry Office, pursuant to this Ordinance, the whole legal estate in the same shall, by force of this Ordinance, and without any con- veyance, become vested in possession in the new trustee, jointly with the continuing or surviving trustees or trustee, if any, or else in the new trustee or trustees alone, upon the same trusts as
. | , |
scribers jointly contributing any sum not less than Fifty Pounds the |
towards erecting any such church or chapcl of the United Church of
such nomination being declared to the Governor and Executive
Council, the site of such church, chapel, minister's dwelling, lands, and hereditaments respectively, shall be conveyed to the said Bishop and his successors upon trusts herein mentioned; and such convey-
enrolled
enrolled pursuant to this Ordinance, the whole legal estate in fee simple in the said hereditaments, with their appurtenances, shall by force of this Ordinancc, vest in possession in the said Bishop and his successors, as sole and successive trustees, upon the trusts afore- said, subject to the provisions of this Ordinance; and such sum orsums of money shall be issued to him and them from the Colonial
Treasury, towards the building of any such church, chapel, or minister's dwelling, of the said united church, as it may be lawful
to issue to trustees, under the provisions of this Ordinance.
Proviso, eaving all
XIV. Provided always and be it Enacted, That nothing herein contained respecting the mode of appointment of trustees, or thc declaration of any uses, respectively, slxdl affect any existing trust or right whatever; and that if any such mode of election of trustees, | |
or declaration of uses, shall be inconsistent with the customs or | |
usages of any religious denomination, such customs and usages may | |
be followed. | |
XV. Provided also, and be in Enacted, That whenever any |
trustees for the purposes of this Ordinancc, settirg forth therein, or |
by reference to a model deed of the religious denomination to which the same is professed to belong, the mode of appointing trustces or other officers, by whatsoever name they may be known, for manag- | |||
ing the temporalities, the provision for creating a succession of such | |||
trustees or officers, and for defining the manner in which the trusts | |||
are to be fulfilled, shall be produced to the Govcrnor and Executive | |||
| |||
the same force and effect as if the particular clauses and provisions thereof, respecting the mode of appointing trustees or other officers, of creating a succession of such trustees or officers, and of defining the manner in which the trusts arc to be fulfillcd, had been herein inserted; and on every appointment of any new trustee or officer | |||
under the powers contained in any such deed, such appointment | |||
having been proved to the satisfaction of the Governor and Execu* tive Council to have been duly made, a memorial of the name of such trustee or officer shall be, by direction of the Governor, in writing under his hand, enrollcd in the General Registry Officc in pursuance | |||
of this Ordinance; and from and aftcr such enrolment, the legal | |||
estate of the church or chapel, minister's dwelling, or other heredita- ments as the case may be, shall, by forcc of this Ordinance, and without any conveyance, vest in possession in every such trustee or |
tees,
l
tees, or
trustee or officer, if any,as thecase maybe, upon the sametrusts as in the original conveyance.
XVI. And be it Enacted, That i t shall and may be lawful forFree seate ~a minia-
the trustees appointed in respect of any church or chapel, subject | |
to the provisions of this Ordinance, or for the major part of them, and they me hereby authorized and required to sei apart one-fourth part of the whole number of sittings contained in the same, to be appropriated, free of any charge whntsoever, to the use and accom- modation of persons choosing to occupy the same during the time of the celebration of public worship, or of any rite or ordinance per- taining thereto; and also one pew, containing not more than six sittings, nor less than four, for the use and occupation, free from all charges, of the family or household of the minister officiating in such church or chapel; and it shall ancl may bc lawful for such trustees, or the major part of them, m d they arc hereby authorized and re- quired, by themselves or officers appointed for that purpose accord- | |
ing to the usages of the rclieious denomination to which they belong, | |
to assess and fix equitably the annual rent or rate for each pew or sitting in every such church or chapel, with the exception of such pews and sittings as are hereinbefore dcclared to be free from charge, and to make agreements and contracts with any persons desirous to hire or engage the same according to such assessed rent or rate. |
XVII. And be it Enacted, | That, in estimating the majority of | ~ ~ t e ~ ~ f m a t - h o l a m, . |
seat-holders at any meeting held for the purposes of this Ordinance, and in taking the votes of seat-holders thcreat (which votes may be given in person, or by causing to be presented to the Chairman a voting paper signed by each seat-holder), every individual shall be entitled to one vote in respect of each seat or sitting holden by him: Provided that no person shall in any case have more than five votes: Provided also, that no person shall at any meeting be entitled to vote in respect of any seat or sitting the rent of which shall be then
due and tinpaid. |
XVIII. And be it Enacted, That it shall and may be lawful far | right to OC- |
the minister duly appointed to officiate in any church or chapel | ||||||||||
under this Ordinance, during the continuance of his office, to have free access and admission to and into such church or chapel, and the burial grounii belonging thereto, and evcry part thereof respectively, | ||||||||||
at all times, as hc shall think fit, and freely to exercise liis spiritual | ||||||||||
functions therein respectively, without any hindrance or disturbance | ||||||||||
of the trustces of thc same, or any person whatever; and such offici- | ||||||||||
ating minister shall and may, in like manner, during,such continuance | ||||||||||
in office, freely use, have, possess, and enjoy, the m~nister's dwelling, garden, appurtenances, and glebe, belonging to such church or chapel, | ||||||||||
and receive, have, and take the rents, profits, and issues, and every |
part thereof respectively: | Provided always, that no such liberty of |
access and admission to any church, chapel, or burial ground, or the possession and enjoyment of any house of residence as aforesaid, nor occupation
of the same for any length of time whatever, shall beconstrued
construed to confer any right of property in the same upon the
minister or. any other parties, as against the trustees thereof.
Tmateea may accept
XX. And be it Enacted, That every church, chapel, and minister's been expended, under this Ordinance, shall, with their respective appurtenanccs, be and continue to be, for ever dedicated to the purposes and holden solely for the uses authorized by this Ordi- | ||
dwelling, in the building of which any public moneys shall have | ||
name: Provided, that if any such church or chapel shall have | ||
ceased to be applied to such uses, or if Divine Service has not been performed in any such church or chapel at least six times during one year, it shall be lawful for the Governor, with the advice of the Executive Council, by notice published in thc | ||
Government | ||
parties in the actual occupation of such church or chapel, to refund to the Colonial Treasurer the amount of public moneys which shall havc bcen issued in aid of the building of such church or chapel under the provisions of this Ordinance, within one month from and after the date of such notice; and if such amount shall be so re- funded, such church or chapel, minister's dwelling, and all lands, hereditaments, and appurtenances thereto belonging, shall thence- forth cease to be subject to the provisions of this Ordinance; and if | ||
| ||
thc said church or chapel, or $ome convenient place in the neighbor- | ||
hood thereof, of all persons desirons to contribute to the maintenance thereof, and to the support of a minister to officiatt. therein, to elect new trustees for such church or chapel, in pursuancc of this Ordi- nance, and it shall thereupon be lawful for all persons present at such meeting who shall then previously have subscribed One Pound towards the maintenance of such church or chapel, or who shall then be scat-holders, or offer to rent any sitting in the same for one whole year, or for the major part of such persons then present, to declare that such church or chapel has fallen into disuse, and to clect in any manner authorized by this Ordinance new trustees for such church or chapel for carrying into effect the purposes of this Ordinance according to the laws and usages of any church or religious persuasion which shall be determined by | ||
meeting; and the -U |
religious persuasion being by the Governoi., by writing under his hand, enrolled in the General Registry Office in pursuance of this Ordinance, the fee simple of the trust estate in such church or chapel, and of any minister's dwelling, or hereditarnents thereto belonging
ox appertaining, shall from and after such enrolment pass from the original trustees or the survivor of them, to the trustees so appointed, whozare hereby authorized to enter into possession of such church or chapel and hereditaments and to hold and apply the same for carrying into effect the purposes of this Ordinance according to the laws and usages of such church or religious persuasion asshall have been so determined at such meeting.
XXI. And be it Enacted, That every deed of conveyance, and |
deed declaring trusts, subject to the provisions of this Ordinance,
trustees. as well as
n memorial of every appointment of trustees made inpursuance thereof, shall, on such approval or proof as by this
Ordinance is required, be, by direction of the Governor, in writing
under his hand, enrolled in the General Registry Office cf the
Province, in a book to be kept for the purposes of this Ordinance;
and the Registrar-General, or other officer in that behalf lawfully
appointed, shall accordingly enrol every such deed or appointment,
at the request of -any party presenting such direction of the
Go- vernor, which enrolment shall, in the absence of fraud, be conclusive evidence that such appointment has been duly made; and any such deed or mcmoxial of appointment shall be valid and sufficient in the form, or to the effect of the Schedules marked B and
C respectively.XXII. And be it Enacted, That no stipend shall in any case be
Minister to be duly issued, under the authority of this Ordinance to any minister
Qtp$p"$ft:i&eof whose appointment shall not have been proved to the satisfaction of
duty. the Governor and Executive Council to have been made in accord-
ancc with the laws and principles of the religious denomination to which such minister belongs, and that no stipend shall be con- tinued in any case to any minister after i t shall have been certified | to the Governor, by the proper authority of the church or per- | suasion to which such minister belongs, that he has been sus- |
pended or removed from office, or has ceased to be in the actual per- formance of duty as minister of the church or place in respect of which | ||
XXIII. h d | be it Enacted, That the registered trustees of |
to be presentedto the
church or chapel, subject to the provisions of this Ordinance, and | , | , |
every person to whom any public moneye shall be issued under
the fora theLegishtwe. authority of the same, shall annually, on or before the thixty-first
day
of March, present to the Governor, full and true statements, accounts, and reports of the moneys expended,and for what purpose, the names
of the minister and office-bearers ofeach such church or chapel, and how frequently Divine Service is usually performed therein;and all such other particulars as shall be necessary for explaining themanner in which this Ordinance has been carried into effect; and such wtatements,accounts, and reports, together with an officidreturn
return certified under the authority of Government, of all ministers and missionaries to whom, and of all churches and chapels in respectof which, aid has been granted from the public moneys under this
Ordinance, and of the sums so issued, shall be by the Governor laid before the Legislative Council, as soon as may be after the then next assembling thereof.
XXIV. And be it Enacted, That in the construction of this
Ordinance, the word ministcr " shall be taken to mean any minister
qualified to solemnize marriages according to the Law8 of the Province
. | in force for the time being; and that in estimating the number of |
cc adults," every person above theage of fourteen shall be reckoned,and that two children under that age, and above the age of six years shall be reckoned as equivalent to one adult person, and either of the
parents, or any guardian or near friend of such children, shall and may be taken for the purposes of this Ordinance to represent such children,
commencement and
the |
FREDK. H, ROBE,
Lieutenant-Governor.
Passed the Legislative Council, this TAird
day of | August, |
Hundred and For&-seven.
W. L. O'HALLORAN, Clerk of Council.
SCHEDULE
A.
of seat-renters in the church (or chapel) of |
the year commencing
I
renters. | .mount of rent. | b u n t | |
; |
I_-- "
We, the undersigned( l ) of the aforesaid church(2) dohereby certify that theabove list of persons, who rent seats in the same, is correct; that we believe such
sittings to be
2iondJide intended to be occupied by persons frequenting the saidahurch
(2) ; that we have received the amount of rent set opposite the respective
names; | that the church |
vice, and that the Rev. | is the duly appointed |
minister thereof. |
(2) |
SCHEDULE B.
Know | in pursuance of an Ordinance enacted |
b y the Governor of South Australia, with the advice and consent of the
Legislative 'Council thereof, " To promote the Building of Churches and Chapels for Christian Worship, and to provide for the maintenance of Ministersof the Christian Religion,"and in consideration of the sum of (1) do hereby grant, bargain, sell, and releave
unto (2) being respectively trustees nominated and appointed
under and inpursuance
of the said Ordinance, and to their heirs and successors,all that(3), to holdunto, thesaid heirsand successors forever, upon
trust, trust, [for the erection, maintenance, and repair, of (4), and for the provisioni out of the revenues belonging to or arising out of the same, in such manner as ehall be lawfully appointed, of all things necessary for the celebration of Divine Worship there,] according to the usagea of the (5), and subject to the
provisions of the aforesaid Ordinance. | In witness whereof | have hereunto |
set | hand | day of | in the year of our Lord one |
thousand eight hundred and
Signed, sealed, and delivered,
in the presence of | 1 |
Approved, and directed to be enrolled pursuant to the Ordinance.
(Governor's
Signature.)
(4) | the site of |
Upon tnwt
fqr the appropriationthcrcof as thesite of a dwelling-house, garden, and other ap-purtenances, for the minister duly appointed and officiating in the church erected at
, | and |
GLEBE LAND. Upon trust for the appropriation thcreof
as a glebe, anncxod to the Church erected at
, | and |
BURIAL UBOUND.
* | Upon trust for the appropriation thereof as a place for the interment of the dead, annexed to the church erected at | , |
(5)
Nane of the religious denomination.SCHEDULE
C.
Mernoriat for |
I n pursuance of an Ordinance to " Promote the Building of Churches and Chapels for Christian Worship, and to provide for the maintenance of Ministers of the Christian Religion."
having been appointed a trustee of (2) | in |
the place of (3) and such appointment having been approved by the Governor and Executive Council (or proved to the satisfaction of the Governor
and Executive Council, to have been duly made, as the
case may be), I hereby direct
the said (4) | to be enrolled as a trustee of such (5) |
pursuant to the said Ordinance.
(Governor's Signature.)
Name of new trustee.The
church, chapel,&B., a9 the casemay be,and the religious denomination towhich i f
Name of old trustee, and caase of vacancy, aa death, resignation, | |
Name of new trustee. Church, chapel, |
0
0
0