Presbyterian Church Property Management Act of 1881 No pcp (NSW)

fu“cTrp™L All Act to m ake b e tte r provision for the

C h u rch P ro per ty

M anagem ent .

M anagem ent of the Property of the Presbyterian Church of New South W ales and to provide for the E lection and A ppointm ent of Trustees in whom such P roperty may be vested and to m ake fu rther provisions in reference thereto. [8^/ ̂November, 1881.]

Preamble. 'Y ^TH EEEA S 1)v an Act of tlie Governor and Legislative Conncil of

8 W. IV No. 7. T T Xew Sonth Wales passed in the eighth year of the Eeign of His

late Majesty King William the Eonrth numher seven certain powers jn’iA’ileges and adA'antages were conferred upon the Presbytery of N oav Sonth IVales and upon the ministers of the Churches and congi’ega- tions under its spiritual superintendence And Avhereas by an Act of

the

1881. 45*̂ VIC. 31

Presbyterian Ghnrch Property Manayement.

tlic Governor and Legislative Council of jMew Soiitli Wales jjassed in the the ministers of the congregations und(;r its spiritual superintendence as fully and clfcctually to all intents and puigioses as if the said Synod had been specially named and mentioned therein And whereas the Synod of Eastern Australia and the Synod of New South Wales and certain separate congregations united together in the year one thousand eight hundred and sixty-four and formed another Presbyterian Synod known as the General Synod of the Presbyterian Church in New South AVales And whereas the said General Synod of the Presbyterian Church in New South Wales and the said Synod of Australia and the congregation in Phillip-street in the City of Sydney known as the United Presbyterian Church in Sydney united together in the year one thousand eight hundred and sixty-five and formed the Presbyterian Church of N cav South "Wales under a supreme governing body called the General Assembly of the Presbyterian Churcli of New

fourth year of the Reign of Her Majesty Queen Victoria numher i viu. No. is.

eighteen the several powers privileges and advantages conferred upon

the Presbytery of New South Wales and the ministers of the congre^

gations under its spiritual superintendence l)y the said Act eighth

'William the Pourth numher seven were vested in the Synod of

South Wales And whereas by the “ Presbyterian Church Act 1865 ” “ ricsbjierian

all and every the several powers privileges and advantages vested

cimrch Act isuo. ’

and belonging to the said Synod of Australia in connection with the Established Church of Scotland and the ministers and congregations under its spiritual superintendence under and by virtue of tbe herein­ before recited Act fourth Victoria number eighteen were transferred from the said Synod of Australia to the said General Assembly of tbe Presbyterian Church of New South Wales to vnst in and belong to the said General Assembly with respect to all tire ministers and congrega­ tions 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 whereas by tlu' same Presbyterian Church Act it is pro­ vided that all properties lield by any Trustc'o for or on belialf of any ministers or congregations under the spiritual superintendence of or in connection with the said Synod of Australia or witli tlie said General Synod of the Presbyterian Ciiurchin NewSoutli Wales or for or on behalf of the United Presl)yterian Church in Sydney or tlie Minister thereof at tlie time of the ]>assing of the said Act shall continue to he held by the same Trustees or their successors subject to the trusts then atfecting tlie same on behalf of the same ministers and congrega­ tions under the spiritual supcihitendence of or in connection with the said General Assembly of the Presbyterian Church of New South "\Ualcs And whereas it is expedient that the aforesaid Acts should be amended and l)ctter proA'isiou mad(; as hereinafter respectively mentioned for the management of the property of the Presbyterian Cburch of New South M^ales and for the election and a])pointmcnt of Trustees in whom such property may be vested Pe it therefore enacted by the Queen’s Most Excellent Majesty by and with tbe advice and consent of tbe Legislative Council and Legislative Assembly of New South'\Vales in Parliament assembled and by the authority of the same as follows :—

1. Every person now seised of oi‘entitled to any real or personal rropc'riy now vested

])i'operty in trust for the ns(t and benetit of any congregation of the Presbyterian Church of Ne\v Soutli Wales or any body of Presbyterians included in that Church shall hold such real and personal property under the provisions of this Act hut nevertheless upon tbe several ti-usts now affecting the same anything in the said recited Acts contained notwithstandin g.

45° VIC. 1881.

Presbyterian Church Property Management.

EiMiou of Trustocii.	2. Eveiy Congregation Under the spiritual superintendence of or in connection n itli the Genei’al Assembly of the Presbyterian Churcli of New South 'Wales may as occasion shall require elect in accordance with the rules and regulations in force for the time being in that behalf made and authori/x'd by the said General Assembly not less
Qualification of	than three nor more than five Trustees for the purposes hereinafter
Trustees.	mentioned And eycry Trustee elected under the provisions of this Act shall be a male above the age of twenty-one years and a com­ municant or seat-holder of the congregation in respect of which he is elected Trustee.
Filling up Tacancies.	3. Evci’y sucli coiigregatiou may elect in manner hereinbefore provided a Trustee in the place of any Trustee who shall have died or resigned or shall have been removed from the Trusteeship by the said General Assembly.

Removal of Trustees 4. The Said General Assembly may at the suit of the other bj General Assembly. Tpustoos 01’ of the Kii’k Sessioii 01’ of tlio Deacou’s Court or Managing

Committee of any such congregation remove any Trustee or Trustees.

JFar officio Trustees. 5. In addition to the Trustees elected as aforesaid the Moderator and clerk of the said General Assembly for the time being respectively and the minister for the time being lawfully appointed and recognized by any presbytery of the said Church and the said General Assembly as the ordained minister of any such congregation shall be ex officio Trustees of such property.

Memorandum of	6. Within thirty days after every election of Trustees as
names of Trustees

to be published in	aforesaid a memorandum in writing signed by the Moderator for the
Gazette.	time being of the said General Assembly and setting forth the names in full of every person so elected as aforesaid shall be published in the New South Whales Government Gazette and the production of a copy of such Gazette shall be conclusive evidence that the persons named in such memorandum together with the ex officio Trustees as aforesaid are for the time being tbe duly constituted Trustees of the Church or congregation named therein.
Vesting of property	7. Upon the publication of every such memorandum as afore­ said all tlie real and personal estate belonging to or held in trust for the church or congregation therein mentioned shall from time to time be vested in the Trustees named in such memorandum together with the ex officio Trustees as aforesaid for the purposes of this Act without any conveyance assignment or other assurance whatever and shall be held by the said Trustees subject to any express trusts atfecting the same upon trust for the use and benefit of tbe Church or congregation entitled thereto as the said General Assembly may from time to time direct.
in the Trustees.

Power to rent pews	8. Notwithstanding anything to the contrary contained in the
and sittings and

application of rents	said recited Act eighth William theEourth number seven the Deacon’s
&c. of same.	Court or Managing Committee of any such church or congregation is hereby authorized to fix the annual or other rent of each pew or sitting in such church and to collect all rents and moneys which may be or become due and jiayable in respect of such pews and sittings and to sue for and recover the same from all persons refusing or neglecting to pay the same and to receive and hold all moneys raised or received on behalf of such congregation and apply the same according to the rules and regulations in that behalf made from time to time by the said General Assembly.
Eights and privileges	9. The minister lawfully apjjointcd and recognised as aforesaid shall have free access and admission to and into the church of which he is the officiating minister and the Imrial-ground belonging thereto and every jiart thereof respectively at all times as he shall think fit and fi’cely exercise his spiritual functions therein respectively without interruption or cUsturbance by his co-trustees or any person

whomsoever

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J?rcsbyterian Churcli Property Management.

whomsoever and shall while he shall continue to he such minister as aforesaid freely use possess and enjoy the minister’s dwelling-house garden and appurtenances hclonging to the said church and shall he entitled to receive for his own use and benefit out of the rents issues and profits of any glebe or other lands belonging thereto a sum not exceeding one hundred and fifty pounds a year exclusive of stipend from other sources Provided that no such liberty of access admission or possession as aforesaid for any length of time whatever shall confer any right of possession or property in such minister after he shall have ceased to he such officiating minister as aforesaid or after he shall have been removed from his office by the decision of the Presbytery or the said General Assembly nor shall he set up in defence in any action of ejectment which may he brought by the Trustees for the time being of such church or congregation as aforesaid for recovering possession of such dwelling-house garden glebe and appurtenances or any part thereof.

10. Where any land has been or may hereafter he granted or Election of Trustees

demised either by the Crown or any private person to any person or î arnorbccif

persons upon trust for a church minister’s dwelling school burial-

'

ground or any other purpose for or on behalf of the said Synod of Australia or for any body of Presbyterians now included in or which may hereafter join and be included in the said Presbyterian Church of New South Wales in any place where a congregation has not been formed the Presbytery of the bounds within Avhich such land is situate shall at any ordinary meeting thereof of Avhich not less than three calendar months notice shall have been gi ̂cn elect by majority of votes of the members present at such meeting not less than three nor

more than five Trustees qualified as hereinbefore provided And such Application of rents

land shall be vested in the Moderator and Clerk of the said General Assembly for the time being respectively and the Trustees so elected as aforesaid and held by them in trust and managed until a congrega­ tion shall he formed and the rents issues and profits thereof shall be applied as the said Presbytery shall direct.

11. The Trustees in whom any land is or may be vested in trust Trustees may grant

for the Presbyterian Church of New South Wales or for any congrega­ tion thereof may from time to time by any deed lease for any term not exceeding fifty years from the time of making the same such lands as by the said recited Act eighth Walliam the Pourth number seven are authorized to be let upon leases for any term not exceeding twenty- eight years reserving in every such lease the l)est rent that can he reasonably obtained for the same notwithstanding anything to the contrary contained in the said Act.

12. Any body of Trustees as aforesaid may with the consent of Trustees may sell

a majority of the congregation obtained at a meeting held according to the rules and regulations of the General Assembly and with tlie concurrence of such General Assembly sell any real or personal property vested in them by public auction or private contract and cither in one lot or several lots as they shall deem most expedient for such price or prices as can be reasonably obtained for the same and when sold convey the same or any part or parts thereof and thereupon the same shall vest respectively in the purchaser or purchasers thereof his or their heirs executors administrators or assigns according to the estate or interest of the said Trustees therein absolutely freed and dis­ charged from the trusts afi'ecting the same and the receipt in writing of the said Trustees for the purchase money of any property sold under this Act shall absolutely discharge the purchaser or purchasers thereof from the purchase money payable by liim or them respectively and shall exonerate him or them from seeing to the application of the said purchase money and from all liability as to the misapplication or non­

e application

45° VIC. 1881.

Sydney Hospital.

application tliereof and shall be conclusive evidence that such consent and concurrence to sell and convey as aforesaid has been given by the said congregation and General Assembly respectively.

Application of	13.	The proceeds of any property sold under the provisions of
proceeds of sale.

this Act shall subject to the approval of the said General ilssemhly be applied by the Trustees selling the same in the purchase of other lands as a site for a church or a minister’s dwelling-house or a school- house for the use of the congregation for which the land so sold had been held in trust and in and towards the erection and maintaining a church or a minister’s dwelling-house or a school-house upon the said site and the receipt of any person or persons to whom any money shall be paid under the provisions of this section shall he a valid and complete discharge to the person or persons paying the same for such moneys.

Powers &c. of	IT. Except as herein otherwise provided the several powers
Trustees under 8

William 4 No. 7	anthoritics privileges and rights vested in and conferred upon the
4 Victoria No. 18	Trustees elected or ajipointed by virtue and in pursuance of tlie
and Presbyterian
Church Act of 1805”	several Acts of Council eighth William the Eourth numher seven
rested in Trustees	fonrth Victoria numher eighteen and the “ Presbyterian Church Act
of 1805shall he vested in and enjoyed by the several bodies of
Trustees respectively constituted under the provisions of this Act Provided always that the several powers privileges and advantages conferred upon the said General Assembly by the “ Presbyterian Church Act of 1865” and confirmed by this Act shall cease and deter­ mine unless the said General Assembly shall continue its adherence to the doctrines of the Westminster Confession of Eaith and to the constitution government and discipline of the Presbyterian Church.

Short title. 15. This Act may he cited for all purposes as the “ Presbyterian

Church Property Management Act of 1881.”