Presbyterian Church Property Consolidation Act of 1904 (NSW)

A N N O Q U A R T O

EDWARDI VI I REGIS.

A n Act to consol idate the A c t s regulat ing the temporal affairs of the Presbyterian Church of Austral ia in the State of N e w South Wales , and to amend the same. [29th November, 1904.]

WH E R E A S the tempora l affairs Aust ra l ia , in t h e State of N e w South Wales , are r egu la ted by	an A c t passed in t he e igh th year of t he reign of H i s la te Majesty K i n g
Wi l l i am the F o u r t h , in t i tu led A n A c t to r egu la te the tempora l affairs of P resby te r i an churches and chapels connected wi th t he C h u r c h of Scotland in the Colony of New South Wales ; an A c t passed in the four th year of t he reign of H e r late Majesty Queen Victoria, in t i tu led an A c t to amend an Act to regu la te the t empora l affairs of Presbyter ian churches and chapels connected wi th t he Church of Scotland in t he Colony of N e w South W a l e s ; an Act passed in t he twen ty -e igh th year of t h e re ign of H e r said Majesty , in t i tu led the Presby te r ian Church Ac t of 1805 ; an Ac t passed in t he forty-fifth year of t he re ign of H e r said Majesty , in t i tu led the Presbyte r ian C h u r c h P r o p e r t y M a n a g e m e n t A c t of 1 8 8 1 ; an Act passed in the fifty-eighth year of the re ign of H e r said Majesty , in t i tu led the Presbyter ian Church Proper ty Manage ­
m e n t ( A m e n d m e n t ) Act of 1894; and an A c t passed in t he s ixty-fourth
year of t he re ign of H e r said Majes ty , in t i tu led the Presbyte r ian
Church of Aus t ra l ia Act , 1 9 0 0 : And whereas it is expedient to

of t he Presby te r i an Church of

II consolidate

consolidate t he said Acts : A n d whereas it is also expedient to amend the said Acts , and to provide that the whole property of the Presbyter ian C h u r c h shall vest in one body of t rus tees , and tha t the said t rus tees shal l be a body corpora te : Be it therefore enacted by the K ing ' s Most Exce l l en t Majesty, by and with the advice and consent of the Legislat ive Counci l and Legislat ive Assembly of N e w South Wales in Pa r l i amen t assembled, and by the au tho r i t y of the same, as follows : —

1. The t rus tees shall be a body corporate by the n a m e of the Trustees of t he Presby te r i an Church of Aust ra l ia in the Sta te of N e w South Wales , and shall have perpe tua l succession and a common seal, and shall be capable of acqu i r ing and holding any proper ty , real or personal , and of su ing and being sued by the aforesaid name .

2. The t rus tees shal l be the Modera to r and the Clerk of the General Assembly, t he cha i rman of t h e t reasurership commit tee , the convener of the sus ten ta t ion fund commit tee , the convener of t he chu rch proper ty , law, and documents commit tee , t he convener of t he home mission commit tee , and the convener of t he aged and infirm minis te rs ' fund commit tee , respectively, of the Genera l Assembly, and the i r successors in office.
3. Al l p roper ty now or hereaf ter held by any person in t r u s t for t he P resby te r i an Church general ly or for any congregat ion of the said church , and for any other purpose in connect ion wi th t he said chu rch or any congregat ion thereof, or for any person or body connected therewi th shall, wi thou t any conveyance or t ransfer , vest in the t rus tees : Provided t h a t if any such proper ty is subject to any charge or mor tgage , it shall not vest in the trustees w i thou t the consent of t he chargee or mor tgagee thereof unt i l such charge or mor tgage has been discharged, or unt i l the t rus tees have, wi th the consent aforesaid, unde r t ake n to answer any liabil i ty in respect of such charge

or mor tgage .

4. All the provisions now in force with respect to the appoint ­ ment , res ignat ion, removal , powers, r igh ts , and dut ies of congregat ional

t rus tees shall cont inue in force wi th respect to such t rustees un t i l the p roper ty vested in them is, in accordance with t he provisions of th is

Act , t ransferred to the t rus tees hereby const i tu ted.

5. All proper ty held by the t rus tees shall, so far as the same is not subject to any express t rus t , be held and dealt w i th by t h e m	in
such m a n n e r as t he Genera l Assembly may	direct .

6. The Genera l Assembly may m a k e regula t ions for the

m a n a g e m e n t , leasing, mor tgag ing , sale, and disposition of any proper ty held by the t rus tees , and also for the purchase; of freehold proper ty as an inves tment for t he funds of the church : Provided t h a t no regulat ion shall be passed to allow any such proper ty to be leased, mor tgaged, or sold w i t h o u t the consent of the congregation unless not ice of such regula t ion shall have been given a t the previous a n n u a l session of t he

Genera l Assembly . 7.

7. The t rus tees may , wi th t h e consent of t h e General Assembly

a n d the congregat ion, provided t h a t such congregat ion consist of not less t h a n th i r ty persons who are communican t s and financial seat- holders, sell any proper ty vested in t h e m by publ ic auc t ion or pr ivate cont rac t in one lot or several lots, as they m a y deem most expedient , for such price as can be reasonably obtained for t he same, and when sold convey the same or any part thereof, and thereupon the same shall vest in t h e purchaser thereof, his heirs , executors , adminis t ra tors , or assigns, according to t h e es ta te or in teres t of t he t rustees there in absolutely freed and discharged from the t rus ts affecting the same, and the receipt in wr i t ing of a major i ty of the t rus tees for t h e purchase money for any p roper ty sold unde r th is A c t shall absolutely d ischarge t he pu rchase r thereof from the purchase money payable by h im, and shall exonera te h i m from seeing to t he appl icat ion of t he said purchase money and from all l iabil i ty as to t h e misappl icat ion or non-appl icat ion

thereof, and shall be conclusive evidence t h a t such consent to sell as

aforesaid has been given by t h e General Assembly, and the before-

ment ioned members of t h e congregat ion.

8 . The proceeds of a n y land sold unde r t he provisions of th is

A c t and al l moneys paid by the Gove rnmen t as compensat ion for any lands resumed by t h e m shall, wi th the consent of t h e Genera l Assembly, be applied by t h e t rus tees in t he purchase of o ther lands as a site for a chu rch or a minis te r ' s dwell ing-house or a school-house, for t he use of t h e congregat ion for which the land so sold or resumed was held in t rus t , and in and towards t he erection, improvement , or ma in t enance of a church or a minis te r ' s dwell ing-house or a school-house upon the said site, or if such appl icat ion of the said proceeds or moneys , wholly or in par t , shall be deemed inexpedien t by the General Assembly t hen for such other religious or educat ional purposes in connect ion wi th the Presby te r i an Church as the t rus tees wi th t he consent aforesaid may de termine , or wi th t h e consent also of the congregat ion in and towards t h e erection, improvemen t , or ma in tenance of a church , minis te r ' s

dwel l ing-house, or a school-house upon other lands vested in t he
t rus tees in	t r u s t for t h e said congregat ion or upon the unsold port ion

of any of t he lands aforesaid.
9. The t rus tees m a y from t ime to t ime, wi th the consent of t he Genera l Assembly and t h e before-mentioned members of the congregat ion , mor tgage any real or personal proper ty vested in t h e m , or any pa r t thereof, upon the best t e rms t h a t can be obtained for t h e same, or sell t he same as aforesaid subject to such mor tgage , and in every such case of sale or m o r t g a g e to convey and assure the same accordingly free from all the t rus t s upon which the same were held, and to give valid receipts for all moneys received by t h e m ; and such receipts shal l absolutely discharge t h e purchaser or mor tgagee thereof from the money payable by h im, and shall exonera te h i m from seeing

to

to the appl icat ion of the said money and from all l iabil i ty as to the misappl icat ion or non-appl icat ion thereof, and shall be conclusive evidence t h a t such consent to sell, convey, or mor tgage as aforesaid shall have been given by the General Assembly.

10. The t rustees shall s tand possessed of all moneys ar is ing from any mor tgage as aforesaid upon t rus t in the first place to pay and satisfy t he exis t ing mor tgage and as to the balance of the said moneys (if any) , or in case there is no such exis t ing mor tgage then as to t h e whole of t he said moneys upon t rus t to apply t he same, wi th the consent of t he Genera l Assembly, in and towards t h e erect ion, improvement , or ma in tenance of any church, minis ter ' s dwell ing- house, or school-house upon the land so mor tgaged as aforesaid, or upon any other land held by the t rus tees in t rus t for the same congregat ion.

11 .    The t rus tees may , wi th the consent of the Genera l Assembly,

by deed, lease any lands vested in t hem, except t he c h u r c h and t h e appur t enances there to and the minis ter ' s dwel l ing-house , for a period not exceeding fifty years, reserving in every such lease the best r en t that can reasonably be obtained.
12. The t rus tees shall out of the rents and profits received by t h e m , from any glebe and other lands belonging to any congregat ion, in the first place pay to the minis te r of the said congregat ion the sum of one hund red and fifty pounds per a n n u m , exclusive of st ipend from other sources, and in t he n e x t place wi th the consent of t h e General Assembly app ly t h e remainder of the said ren t s and profits towards the bui ld ing, en la rg ing , or ma in t a in ing of the chu rch or minis ter ' s dwel l ing-house be longing to such congregat ion, or to such other rel igiousor educat ional purpose as the Genera l Assembly may de termine .

13. The minis ter lawfully appointed shall have free access and
admission to the church of which he is the officiating minis ter , and

the bur ia l g round be longing thereto , and every par t thereof respectively

a t all t imes as he shall t h ink fit, and shall freely exercise his spi r i tual
funct ions the re in respectively wi thout in te r rup t ion or d is turbance by

any person, and shall while he shall con t inue to be such minis ter as aforesaid freely use, possess, and enjoy the minis ter ' s dwel l ing-house and the appur t enances there to , and shall be ent i t led to receive for his own use and benefit ou t of the rents , issues, and profits of any glebe or o ther lands be longing to his congregat ion a sum not exceeding one h u n d r e d and fifty pounds a year exclusive of s t ipend from other sou rces : Provided tha t no such l iber ty of access, admission, or possession as aforesaid for any l eng th of t ime shall confer any r igh t of possession or p roper ty on such minis ter after he shall have ceased to he such officiating minis te r as aforesaid or after he shall have been legally removed from his office.

14. The deacon's cour t or commi t tee of m a n a g e m e n t of any

congregat ion may fix t he a n n u a l or other ren t of each pew or s i t t ing, and collect any moneys which m a y he due in respect of any such pew or s i t t ing, and shall hold all moneys so collected on behalf of such congregat ion and apply t he same as t he Genera l Assembly m a y by regula t ion or otherwise direct .

15. I n th is A c t —

" Presbyte r ian C h u r c h " means the Presbyter ian Church of

Aust ra l ia in t he State of New South Wales .

" T h e General A s s e m b l y " means the Genera l Assembly of the

Presby te r ian Church .

" The t rus tees " means the t rustees of the Presbyter ian Church .

" The congregat ion " means the congregat ion of the Presbyter ian

C h u r c h in t rus t	for which	t h e proper ty herein referred	to is
held.

16. N o t h i n g contained in this Act shall be construed to repeal

or in any way affect the provisions of a cer tain P r iva t e A c t of the Leg i s l a tu re of New South Wales , passed in t he year one thousand e igh t hundred and seventy, and int i tuled A n Act to enable the t rus tees of cer ta in church lands Mai t l and to appropr ia te the income derivable from the same for the benefit of the Presbyte r ian congregat ions of Ma i t l and East and Mai t l and Wes t , and to confer extended powers of

leasing on the t r u s t e e s ; and for o ther purposes.

17. This Act may be cited for all purposes as the " Presbyter ian

Church Proper ty Consolidation Act of 1904,"