Presbyterian Church Act of 1865 No pca (NSW)

PUESISYTERIAN

An Act to reg’uiato the tempoi’al affairs of the C h u r c h .

Presbyterian Chnrcli in the Colony of NeAV

South Wales. {IWi May, 1865.] ‘

A \7 IIE R E A S by an Act of Council passed in the cigbtli year of

V y tlic reign of Ilis late Majesty King William the Eourtli number

^

seven certain powers privileges and advantage's were eonfc'rreal upon ® and advantages conferred upon the Presbytery of New South Wales and tlie Ministers of the Congregations under its spiritual superin­ tendence by the said Act eighth William the Eourth number seven were vested in the Synod of Australia in connection with the Estaldished 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 ol’ Australia another Presbyterian Synod has been formed in the said Colony known as the General Synod of the Presbyterian Church in New Soutli Wales consisting of certain Ministers and representative ruling Elders of certain Congregations of Presbyterians the Ministers and riding Elders of such Congregations not being under the spiritual superintcmdcnce of nor having any ccclcsiastiiial connection with the said Synod of Australia And whereas there is a Congregation of Presbyterians assembling in Phillip-strect in the city of Sydney known as “ The United Presbyterian Church in Sydney ” which is not under the spiritual superintiauhaice of nor lias any ecclesiastical connection with the said two Synods or cither of them And whereas the said

the Prc!sbytery of New South Wales and the Ministers of the Churches

and Congregations under its spiritual superintendence And whereas

by an Act of Council passed in the fourth year of the reign of Her

two

8 28 ̂ VIC. 1865.

Treshyterian Church.

two Synods and tlic said United Presbyterian Cliurcli in Sydney and the Minister thereof have agreed to unite together and form one Ciiureh to he called “ The Presbyterian Cliurch of New South Wales” and also to form in accordance  dth Presbyterian usage a supreme gOA'erning body for the said Chureh to he called “ The General Assembly of the Presbyterian Church of N cav South Wales ” And Avliereas the said agreement cannot be fully carried into efl'ect Avithout amending the said recited Act fourth Victoria numl)er eighteen in manner hereinafter proA’ided Be it therefore enacted by the Queen’s Most Excellent Majesty by and AAuth the advice and consent of the Legislative Council and LegislatiA'e Assembly of N cav South Wales in Parliament assembled and by the authority of the same as folloAvs ;—

Powers and privi- 1. Erom and after the publication in the New South "Wales AusTraMa'cansferred Govemmeut Gazette of a notice that the said Presbyterian Church of to the General NcAV South Wales and the said General Assembly of the Presbyterian

p S y ^ er ia n ci?urch Church of NoAV Soutli Wales have been respectively formed such ofNewSoutUAVaies. notice to be signed on behalf of the Synod of Australia and of the

said General Synod of the Presbyterian Church in N cav South Wales respectively by the persons Avho shall at the time of the formation of tlie said Church and General Assembly hold the office of Moderator of the said Synods respectiA cly 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 poAvers privileges and advantages Avhicb are now A'csted in and belong to the said Synod of Australia in connection with the Estaldished Church of Scotland and the Ministers and Congregations under 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 tlie said General Assembly of the Presbyterian Church of N cav South M^ales and shall vest in and belong to the said General Assembly Avith respect to all the Ministers and Congregations comprehended in the same and under the spiritual superintendence thereof 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 Avith all and the like poAvers privileges and advan­ tages thereby conferred on the said Synod of Australia in connection

Churches &c. to be	Avith the Established Church of Scotland And thereupon all and
held in connection
with the General	every the estate right title and interest in all churches and chapels and

Assembly of the, Ministers’ dAvellings and the sites of the same respectiAcly and in all of Nê ŝouth Wâ buidal grounds and glebe lands and in all other lands and premises

AAdiich at the time of the passing of this Act are held Ijy any Trustee or Trustees lor or on behalf of any Ministers or Congregations as Ministers or Congregations under the spiritual superintendence of or in connection Avith the said Synod of Australia or Avhich are held for or on behalf of or arc used by any Congregations of Presbyterians Avhich at the time of the passing of this Act shall be under the spiri­ tual superintendence of or in connection Avith the said General Synod of the Presbyterian Church in N cav South M'ales 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 laAvful successors subject to the poAvers provisoes and declarations noAv affecting tlie same on belialf of the same Ministers and Congrega­ tions and their successors as ^Ministers and Congregations under tlie spiritual sujAerintendence of or in connection Avith the said General Assembly of the Presbyterian Church of N cav South "Wales as fully and effectually in all respects as if the said lands and premises bad 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° VIO.

Jxogers' Settlement.

Congregations under the spiritual superintendence of or in connection with the said General 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 mnisteia recognized

said Church shall be capable of being tlie Minister of any Congrega- M inisters of any

tion under the spiritual superintendence of or in connection witli the

said General Assembly and to officiate in and be the Minister of any therewith.

the Presbyterian Church of New South M^ales as a Minister of the any grant or other deed 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 u n d e r not to affect

this Act shall be deemed prejudicially to affect or to deprive	^ " y ‘"s "g *•
person of any right privilege advantage or emolument whatsoever Avhich lie now has or to which he is in anyivise entitled any law to the contrary notwithstanding.

t. Tliis Act shall bo styled and may be cited as “ The Presby- short title,

terian Church Act of 1805.”