Primitive Methodist Church Temporalities Act 1879 No pmc (NSW)

methodlst chuucu A.H Act to rc^'ultitc tlic tcmporBl sittiirs of

temio™ ies. Churches and Cliajiels of the Religious Society denominated Primitive Methodists. \21tJi February. 1879.]

Preamble. TT7IIEE;EAS -vvitli regard to clmrclies cliapcls and ministers dwcl-

lings of the Primitive Methodist Church it is expedient to make provision for creating a succession of properly qualified trustees according to the usages and regulations of the said Church or connexion and for defining the manner in which the trusts thcrehy created or hereafter created as affecting any property of the said Church or connexion may he fulfilled and generally for the purpose of regulating and managing the affairs of the said Church or connexion and of any property belonging thereto Be it tliereforc enacted hy the Queen’s Most Excellent INIajesty hy and ■with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and hy the authority of the same as follows :—

VV

Eleetion of trustee* 1. Erom and after the passing of this Act the tmstces of all Primitive Methodist churches chapels ministers’ dwellings school­ rooms burial-grounds or glebe land in the Colony of New South Wales shall he elected and appointed in the manner following that is to say at a special meeting of the subscribers the leader or leaders of the classes the society stewards and such other persons as may be members of the circuit committee and the supeu-intendent minister of the circuit for the time being within whose jurisdiction such church chapel or ministers dwelling is intended to be built or where the burial-ground or glebe land or other land belonging to the said connexion shall be situated and the persons composing the said meeting or the majority of them shall put in nomination any number of persons not less than three nor more than ten being members of or friendly to the said Primitive Methodist connexion such nomination to be laid before the next ensuing quarterly meeting of the circuit as aforesaid for its approval and in the event of the non-approval thereof by such quarterly meeting then such election shall take place de novo and so on from time to time until such approval be obtained.

Superin tendent	2. The superintendent minister for the time being lawfully I appointed and recognised by the annual district meeting or conference of the said Primitive Methodist connexion in the Colony aforesaid as the superintendent minister of the circuit as aforesaid shall ex officio be entitled to be present at all meetings of the trustees or other meetings concerning the affairs of the church or chapel and shall at
m inister entitled to
Tote at all meel

all

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’Primitive Methodist Church Temporalities.

all such meetings he entitled to vote upon any question concerning the affairs of the church or chapel of which he is the superintendent minister as aforesaid or concerning the ministers dwelling thereof and in case the said superintendent minister shall he unable to attend his colleague or one of liis colleagues in the ministry belonging to tbc same circuit witli himself being nominated by such superintendent minister shall he entitled to be present and to take part in the proceed­ ings of and have a vote at all such meetings as aforesaid in like manner as the said superintendent minister might have acted and voted if personally present.

3. The persons present at such trustees meetings and entitled Election of

to vote thereat or the majority of them shall choose a chairman and

shall decide any question or matter proposed at such meeting and respecting which votes shall be given and in case there should be at any such meeting an equality of votes the chairman shall have a casting vote in addition to the vote he shall otherwise be entitled to and all acts and deeds done and executed in pursuance of any such decision as aforesaid shall be good  alid and binding on all jiersons entitled to vote at the meeting Avho may be absent or being present may be in the minority.

4. Every person who shall be nominated and appointed as such Qualification of

trustee as aforesaid shall be a member of or friendly to the said Primitive Methodist connexion being free and above the age of twenty- one years.

5 .    If any trustee shall lie absent from tbe said Colony or become Trustees absent from

resident of any district aboA'c one hundred miles distant from tlie

>̂<=.

churcli or chapel dwelling school-room burial-ground or otber land for which he is such trustee for more than twelve months in succession or shall he a confirmed lunatic or shall become disqualified by reason of improper conduct or otlierwise witbin the meaning of this Act (of which disqualification as far as regards spiritual matters the quarterly meeting of the circuit at the suit of the other trustees or of the leaders meetings shall be the judge) it shall and may he laAvful for tlic members of tbe said connection in the district where such Ancancy sliall occur to proceed to the election in manner aforesaid of one or more trustees (as the case may be) to fill up the vacancy AAdiich shall or may so occur such election to be subject to approval in manner hereinbefore provided.

6 . Wbenever and so often as the trustees shall by deatb inca- Election of new

pacity insolvency or refusal to act or Avhen the number of trustees througb any means or causes wbatsoever shall be reduced to the number of tAvo or before they are so reduced if the trustees or the major part of them assembled at a meeting of the trustees or the quarterly meeting of the circuit consider it expedient then and in every such case their steAvard or the superintendent minister of the circuit in AAdiich the said church or chapel dAvelling school-room burial-ground or other land is for the time being situated shall as soon as may he and from time to time cause public notice to be giAnn in the said church or chajicl during the time of divine service of a meeting to he holden therein or in some other convenient place after one Aveek’s interval at least for nominating tAvice the number required of suitable persons to be trustees if so many suitable persons can be found in tbe neighbourhood as shall together AAuth such of the old trustees as shall continue in the trust make up in the whole the original number of trustees (or more than that number if the trustees for the time being or the major part of them assembled at

a meeting of the trustees think it expedient to appoint a greater number)

such meeting to be composed of the old trustees the leader or leaders of the classes and the superintendent minister for the time being or the majority shall put in nomination so many persons being friendly to or

members

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members of the said Primitive Metliodist connexion as shall he double the number of trustees required to he elected and out of the persons so put in nomination the next ensuing quarterly meeting of the circuit aforesaid shall elect and appoint so many persons to he trustees as shall together with such of the old trustees as shall continue in the trust make up the original number of trustees or more if it he deemed expe­ dient to appoint a greater number And upon such election having taken place in due form the trust estate shall thereupon in every case without any conveyance or transfer vest in such new and such continuing and surviving trustees upon such and the same trusts as such trust estate was held hy the original trustees or such of the said trusts as shall he then subsisting or capable of taking effect.

Trustee to account.	7. No trustee shall be permitted to resign his office until he shall have duly accounted to the satisfaction of his co-trustees for all sums of money at any time received hy him in his said trust.
In certain cases
district committee	8. If the surviving or continuing trustees of any such church or chapel dwelling school-room burial-ground or other land or the super­ intendent minister for the time being of the circuit in which the said trust premises are situated shall not within twelve months after the death resignation absence infirmity or removal from office as aforesaid give public notice of a meeting to he held for filling up the vacancy as aforesaid it shall and may he lawful for the district committee of the Primitive Methodist connexion in the Colony aforesaid hy writing through its secretary to nominate and appoint a person or persons duly qualified as aforesaid to fill up the vacancy as aforesaid and sucli appointment shall operate as if the trustee so appointed were duly elected in the manner hereinbefore provided.
may appoint.
Duties of trustees.	9. And whereas for the more effective discharge of the duties of trustees of Primitive Methodist chiu’ches or chapels dwellings school­ rooms burial-grounds or other lands it is expedient that their powers and duties should be defined Be it declared and enacted that the duties of the said trustees shall he solely confined to the temporal concerns of the said churches and chapels such as the collection of pew rents donations bequests devises of lands or other property for the erection maintenance and repair of the church chapel school-room or minister’s dwelling for which they shall he appointed or for a burial- ground or glebe land thereunto annexed and the payment of all debts incurred in the working of the said trust And it is hereby declared that the said trustees shall have no power or authority to dismiss or remove the minister of any such church or chapel to which they are or shall he appointed.
Worsliip in churches
or chapels.	10. I t shall be lawful from time to time and at all times here­ after for the trustees of any church or chapel erected according to the provisions of this Act to permit freely and without any interruption to preach and expound God’s Holy IVord and to perform the usual acts of public worship in accordance ith the usages of the said Primitive Methodist connexion in the said church or chapel only such person or persons as shall from time to time he approved hy tlie said annual meeting of the district assembly in Neiv South Wales and of the conference of the said Primitive Methodist connection from time to time held and also in the event of any vacancy or vacancies occurring in the appointment or appointments of the preacher or preachers so stationed by the district meeting and conference aforesaid during the inten al hetiveen any of the annual meetings Avhethcr such vacancies shall hain been occasioned hy the death resignation remoral or suspension from ofiice of any sudi preacher as aforesaid then to permit any other person or persons who may he appointed in his or their behalf hy the circuit quarterly meeting of the said Primitii'e Methodist connexion ivithin ivhose jurisdiction the said chmch or chapel may for the time being be situated in the said

church

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diurcli or chapel in accordance A\ ith the said rules and usages of the said

connexion to otTiciate in the place or places of the said deceased resigned

removed or suspended j)crson or joersons in the mean time and until the

next following annual district assembly and conference such appoint­

ment to he subject to the approval of the aforesaid district committee. .

11. And also to permit any other person or persons being a persons to officiate,

member or members of the said Primitive Methodist connexion whom the circuit quarterly meeting within whose jurisdiction the said chapel or place of religious ivorship may for the time being he situated or any other person or persons authorized by such meeting to make such appointment shall fi’om time to time appoint to officiate in the said chapel or place of religious worship in accordance with the aforesaid rules and usages upon some particular occasion or occasions for which the appointment or appointments shall he made under s\ich authority as aforesaid And upon trust that when any tv o of the trustees for the time being together with the superintendent minister of the station within which the said chapel or place for rffiigious Avorship may he situate shall think it projwr to direct and shall dirc'ct that the use of the said chapel or place of religious worshij) and the right of officiating and conducting the seiwices thereof shall bealloAvcd upon some particular occasion or occasions to any person or persons other than as aforesaid and notwithstanding that the person or persons to Avhom such direction shall apply may not he a member or memhers of the said Primitive Methodist connexion then to permit such last- mentioned person or persons and him or them only to officiate in and conduct the services at the said chapel or place of religious worship on such last-mentioned occasion or occasions and in accordance Avith any such last-mentioned appointment as aforesaid Provided ahvays and it is hereby expressly declared that CA'ery minister or other person officiating in any of the said churches or (diapels and all memhers of the said PrimitiA'o Methodist connexion shall he hound hy and submit to the doctrines and usages of the connexion as expressed and declared in a certain deed-poll under the hands and seals of Hugh Bourne James Bourne and "William CloAres hearing date the fifth day of Pchruary one thousand eight hundred and thirty and enrolled in Her Majesty’s High Court of Chancery in England on the tenth day of Eebruary one thousand eight hundred and thirty.

12. I t shall and may he laAvful for the trustees of any Primitive Alteration of

Methodist church or chapel ministci'’s dwelling or school-room or the

major part of the members of a trustee meeting Avith the sanction of the district building committee in the Colony as aforesaid Avhen and so often as they shall deem the same necessary or expedient to take doAvn and remove the said church or chapel buildings or premises or any part or parts thereof respcctwely for the purpose of rebuilding or enlarging or altering the said church or chapel dwelling school-room or appurtenances belonging thereto.

13. I t shall and may he lawful for the trustees as aforesaid or power to mortgage,

the major part of them to appoint conAmy and assure in fee for any

term or terms of years the said church or chapel minister’s dAvelling school-room or any part or parts thereof respectively to any person or persons for securing such sum or sums of money as may he requisite or necessary for the carrying out of the trusts herein defined.

14. In case the congregation attending any church or chapel Power of eaie.

shall he so reduced that the income arising from rents collections and subscriptions shall he inadequate to meet and discharge the interest (if

any) of moneys borrowed and then due and owing upon or on account

of the said church or chapel minister’s dAvelling or school-room and

the various current expenses attending the services that may from

time to time he conducted or if for any other reason or reasons what-

b soever

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’Primitive Methodist Church Temporalities.

soever the trustees or the major part of the memhers present at a trustees’ meeting shall deem it expedient to sell the said church or chapel minister’s dwelling or school-room and glebe lands or any part or parts thereof it shall and may he lawful for the said trustees or the majority of them with the consent of the district building committee for the time being to sell the said church, or chapel minister’s dwelling school-room and glebe lands or any or either of them for the best price or prices in money that can reasonably be obtained for the same and well and effectually to convey and assure the said church or chapel minister’s dwelling school-room glebe land or other property so sold to the purchaser or purchasers thereof his her or their heirs and assigns or as he or she or they shall direct and appoint and the trustees shall apply the said money arising from the sale of the said church or chapel minister’s dwelling school-room glebe land or other property and which shall he received hy the trustees aforesaid in paying off the debt or debts (if any) owing on account of the said trust premises or invest the same or the residue thereof in the purchase or erection of a larger or more commodious church or chapel minister’s dwelling school-room or otherwise in aid of a church or chapel belouging to the Primitive Methodist connexion as the trustees with the approbation of the quarterly meeting of the circuit in which the said church or chapel shall for the time being he situated shall determine And no purchaser or mortgagee shall he bound to inquire into the expediency or legality of any sale or mortgage nor to the application of any moneys paid to the said trustees in respect of such sale or mortgage Provided that no lands granted by the Crown to the said Church shall come within the operation of this or the preceding section.

Powers of leasing.	15. IVhenever and as often as it shall happen that the glebe or other lands belonging to any church or chapel under this Act can he advantageously let (such land not being in possession or occupation of any minister duly appointed to officiate in such church or chapel or with the consent of the minister being in such possession) it shall and may be lawful for the said trustees with the further consent of the circuit quarterly meeting aforesaid signified in writing to enter into and upon the said glebe or other lands and to let the same upon leases for any term not exceeding twenty-one years reserving the rents issues and profits thereof to the said trustees for the time being who shall and may receive and apply the same or any part thereof in or towards building or enlarging the church or chapel minister’s dwelling or school-room to rrhich the glebe or other land is annexed or in paying the stipends of the minister or ministers who shall for the time being he employed as aforesaid in the circuit where si.ich glebe or other land may he situated or in any other way as the trustees or a majority of them with the consent of the said quarterly meeting may think fit provided further that no money or moneys so obtained shall he given to any fund not belonging to the Primitive Methodist connexion in accordance with this Act.
Trustees to collect
and recover money.	16. I t shall and may he lawful for the trustees appointed or to he appointed according to the provisions of this Act to collect and gather all and every sum or sums of money which may be due and payable for pews or sittings in such church or chapel for which they have been so appointed according to the rent or rate assessed for the same or any other sum or sums of money due on account of the said church or chapel or of the minister’s dwelling school-room burial- ground or glebe land annexed thereto and to sue for the recovery of the same from all persons Avho shall fail or refuse to pay the same according to the terms of their engagement and the said trustees out of the moneys so received or recovered as far as the same will extend shaU regularly applv the same for the purposes before mentioned.

" 17 .

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Redmond's Estate.

17. A general meeting of the trustees for the time being Accounts to be

jointly 'with the said superintendent minister shall he held once at least every year in the said ehureh or chapel or some other convenient place of which meeting due notice shall bo given in the said church or chapel during the time of divine service or hy post seven days at least before or previous to such meeting and at sucli meeting the said trustees or the major part of them by their steward or stewards treasurer or treasurers shall produce a fair and clear account of all moneys received and paid with vouchers for or on account of the said ehureh or chapel and a\ hen such account shall have heeir properly audited and allowed hy the said trustees or the major part of them present at the meeting and signed l)y the president and secretary of the said trustees’ meeting the said accounts shall he considerc'd audited and passed and the accounts thus audited and signed shall he trans­ mitted through the next ensuing (|uartcrly meeting of the circuit to the secretary of the district hidlding committee aforesaid.

18. All lands and real estate Avhich at the time of tln ̂ passing aii real estate

of this Act shall he vested in trustees for the said Primitive Methodist Methodist connexion shall be subject to the jirovisions of tliis Act and all lands cim rch to be subject and real estate which hereafter may he granted conveyed or trans­

Ferred upon trust for tlic said Primitive Methodist connexion shall in

like maniK'r he subject to the provisions of this Act Avhethcr the con­

veyance transfer or other deed or instrument creating the trust shall

so dt'clare or not and as regards existing trusts in all cases nliere at

the time of the jiassing of tliis Act there shall he less than three sur­

viving or continuing trustees before the next quarterly circuit meet­

ing an election and nomination of additional trustees shall take place

in manner hereinbefore provided so that tlu' number may In' increased

■

to not less than three nor more than ten as aforesaid Providi'd ahvays that nothing in this Act contaiiu'd (other than as rc'gards tlu ̂election and continuing of a jirojKu* succession of trustees) shall he dcsemed to affect any real estate Avhich may he the subject of any exjircss trust for the henetit of the said Primitive Methodist connexion and nothing in this Act contained shall he deemed to deprii e any person of any advantage or emolument to which he is noiv hy laiv entitled.

19. This Act may he cited as the “ Primitive Methodist Church sh o rt title.

Temporalities Act 1879.”