Presbyterian Church Temporalities Act 1840 No 23a (NSW)

1084 N o. 18. 4̂ ̂ YIC. 1840.

Frosbyterian Church Temporalities.

No. XVIII.

P resbyteeiak	An A ct to am end an A ct in titu led	An Act to
Church T em­

poralities.

regulate the temporal a ffairs o f Presbyterian

“ Churches and Chapels eonnected with the

“ Church o f Scotland in the Colony o f New

“ South Wales A \lth October, 1840.]

Preamble, T ^T H E R EA S by an Act of the Governor and Legislative Council

of New South Wales passed in the eighth year of the reign of His late Majesty King William the Eoiu'th intituled “ A n Act to regu- “ late the temporal affairs o f Treshyterian Churches and Chapels con- “ nected with the Church o f Scotland in the Colony of New South “ ” certain powers privileges and advantages were conferred upon the Presbytery of New South Wales and the ministers of the churches and congregations subject to the spiritual authority thereof and whereas the said Presbytery have in compliance with the recom­ mendation of the commission of the General Assembly of the Church of Scotland agreed that it is expedient for the good government of the Presbyterian Church in the said Colony that a Synod should be formed comprehending all the ministers and congregations in the said Colony in connexion with the Church of Scotland and whereas it has been agreed that the said Synod shall bear the name of “ The Synod of Australia in connexion with the Established Church of Scotland” and whereas it is also expedient that the said recited Act be so amended as that it may apply to the said “ Synod of Australia in connexion with the

f V

8 AVm. IV. Xo. 7.

All powers privi- . _ Established Church of Scotland ” Be it therefore enacted by Ilis

conferred on'̂ thê ^̂	Govemoi’ of New Soutli Wales with the advice of the
Presbytery of New

South Wales by the	Legislative Council thereof That the several powers privileges and
Act 8 Wm. IV. No.	advantages conferred upon the Presbytery of New South Wales and
7 to be vested in

The Synod of the ministers of the congregations under its spiritual superintendence

Australia in con­	by the said recited Act shall as soon as the said Synod of Australia
nexion with the

i:-. VI-1 1 nu 1 shall have been formed and notice of such formation shall have been

of Scotland” so soon published by order oi llis Excellency the Govei’nor m the	South
as that body shall

have been formed.

Wales Government Gazette be vested in and belong to the said Synod and the ministers of the congregations under its spiritual superin­ tendence as fully and effectually to all intents aud purposes as if the said Synod had been formed and in existence at the time of the passing of the said recited Act and been specially named and mentioned therein Provided always that the several powers privileges and advantages conferred by this Act upon the said Synod of Australia shall cease and determine unless the said Synod shall continue its adherence to the doctrines of the Confession of Paith and to the other standards and formularies of the Established Church of Scotland and in the exercise of discipline shall follow the laws of that church.

cliurches or chapels

The real estate in 2. And be it enacted Tliat all and every the real estate in all

and ministers' churches and chapels ministers’ dwellings burial grounds and glebe

dwellinf^s &c, now. . lands and the sites of the same and in all other lands and heredita-

eo n ti-e-a tfons u L e r nients appertaining thereunto Avhich have heretofore been held or are

tlie spiritual

superintendence of trustees appointed under the provisions of the said recited

the Presbytery of	Act in behalf of the several congregations under the spiritual superin­
New South Wales
shall continue to	tendence of the said Presbytery of New South AVales or by the trustees
be held by the	of any church or churches in which it is required tliat Divine
same trustees
and their successors	service shall be performed by an ordained minister of the Church of
in behalf of congre­	Scotland shall continue to be held by the same trustees and their
gations under tlie	successors duly and lawfully appointed in behalf of the same con­

gregations

1840. 4° VIO. N o. 18. 1085

Vreshyterian Church Temporalities.

with all the powers privileges and advantages thereby conferred on the Presbytery of New South Wales.

gvegations under the spiritual and ecclesiastical superintendence of sphitimi snpcrinten-

“ The Synod of Australia in connexion with the Established Church

of Scotland” as fully and effectually in all respects as if the said nexion with the

3. And whereas by an Act of the said Governor and Legislative Trustees may he

Council passed in the seventh year of the reign of H is late M ajesty govern yearrfrom the

K ing W illiam the Eourth in titu led “ An Act to promote the huilding passing of this Act

“ o f Churches and Chapels and to provide for the maintenance o/ehapoiTfOT wŴ

Ministers o f lieliym i in New South Wales''’ it w'as amongst o th e r t'ustees have not

things enaeted th a t w ith regard to churches or chapels already built poi,i\ed‘'prOTided no recited Act passed in the eighth year of the reign of H is late Majesty K ing W illiam the Eourth after reenting th a t trustees for Presbyterian churches and cliapels Avere appointed wuthout the selection of the Presbytery of New South "Wales and it was expedient to appoint trustees for such churches or chapels conformably to the provisions thereof it was enacted th a t such appointment of trustees under the provisions of the said recited Act passed in the seventh year of the reign of H is late M ajesty King MTlliam the Eourth should he declared to he null and void and tha t the election and appointment of trustees for Presbyterian churches or chapels already built should and m ight he made in m anner therein directed Avithin six months from the passing thereof and Avhereas from various unavoidable causes such elections and appointments of trustees were not made w ithin the tim e in such last recited A ct lim ited and it is expedient to extend the tim e Avithin Avhich such elections and appointments may he made Be it enacted That the election and appointment of trustees for any Presbyterian churches and chapels already built for Avhich trustees have not yet been appointed in m anner aforesaid shall and may he made as in the said last recited A ct is directed within seven years from the passing of this Act ProAuded hoAvever tha t no stipend he issued from the Colonial Treasury to the ministers of any Presbyterian church or chapel for which trustees under tlie said recited Acts haA'e not been appointed un til such trustees shall have been so appointed.

and repaired or maintained at the public expense or for the ministers stipend he issued to

Avhereof stipends were issued from the Colonial Treasury it should and cimrch for̂ vhid"̂

m ight be lawful for the Governor w ith the advice of '^he Executive

Council w ithin six months after the passing thereof to nominate not the Act s wm. iv.

less than three nor more tlian five of the pewholders of any such ûgtec3”shaiThave

church or chapel belonging to the religious denomination for whose been appointed,

use the said church or chapel Avas maintained to he trustees thereof

and to whom and the heirs of tlie survAor of such trustees should he

conveyed as soon as coiiAnniently m ight be the real estate in the said

church or chapel and m inister’s dAvelling upon tru s t for the m ain­

tenance and repair of such church or chapel and m inister’s dwelling

and for the provision out of the reAnnues belonging to or arising from

tlic use of the said church or chapel in such m anner as should be

laAvfully appointed of all things necessary for the celebration of

2 T— VOL. 2. No. XIX.