Scotch Presbyterian Church Temporalities Act 1837 No 8a (NSW)

No. VII.

An Act to regulate the temporal affairs of Presby­
terian Churches and Chapels connected with

the Church of Scotland in the Colony of New

South Wales. [9th September, 1837.1

WH E R E A S by an A c t of t he Governor of N e w South Wales w i th t h e advice of t h e Legislat ive Counci l thereof passed in

t h e seventh year of t he re ign of his present Majesty K i n g W i l l i a m the

F o u r t h in t i tu led " An Act to promote the building of Churches and

" Chapels and to provide for the maintenance of Ministers of Religion

" in New South Wales" it is among other th ings provided t h a t " Before any s u m of money shal l be issued from t h e Colonial Treasury " towards t he bu i ld ing of any church or chapel and minis te r ' s " dwell ing t rus tees no t less t h a n th ree no r more t h a n five shall be " nomina ted by t h e persons con t r ibu t ing towards t h e bu i ld ing of the " same for t h e approval of t h e Governor a n d Execu t ive Council and " t h a t t h e rea l estate in t h e site of such church chapel or min is te r ' s " dwel l ing a n d of any lands or he red i t amen t s t h e r e u n t o be longing '•' shall be conveyed to t he said t rus tees w h e n approved and to t h e " heirs of the survivor of such t rus tees upon t r u s t for the erection " ma in t enance and repa i r of t he said chu rch or chapel or minis te r ' s " dwell ing and for t he provision ou t of t he revenues be longing to or " ar is ing from t h e use of t he said chu rch or chapel in such m a n n e r " as shall be lawfully appointed of all t h ings necessary for t he celebra- " t ion of Div ine worship t h e r e i n " and whereas wi th regard to churches chapels and minis te r ' s dwell ings of t he Presby te r i an Church con­ nected wi th t h e Church of Scotland it is considered expedient tha t fur ther provision should be made as well for t he mode of the i r or iginal nomina t ion as for ma in ta in ing from t ime to t ime by filling up vacancies

as hereinaf ter ment ioned a proper n u m b e r of duly qualified t rus tees

and for defining the m a n n e r in which the t rus t s the reby created	shall
be fulfilled and otherwise r egu la t i ng t he affairs of churches	chapels

and minis te r ' s dwell ings of t he said Presby te r ian Church Be it therefore enacted by the Governor of New South W a l e s wi th t he advice of t h e Legis la t ive Council thereof Tha t t he t rus tees of Pres ­ by te r ian churches and chapels as aforesaid shal l be elected and appointed in t h e m a n n e r following t h a t whenever any person or persons shall a t his her or the i r own cost and expense erect or provide a chu rch or chapel which shall be approved by the Presby te ry of t h e said Colony for t he celebration of publ ic worship according to t he use of t h e Es tabl i shed Church of Scot land or any minis te r ' s dwell ing bur i a l g round or glebe land or whenever any n u m b e r of persons shal l by subscr ipt ion cont r ibute any s u m no t less t h a n th ree hund red pounds for or towards erect ing or provid ing a church or chapel and minis te r ' s dwell ing or bur ia l g round or glebe l and as aforesaid i t shall and m a y be lawful for t h e person or persons so erect ing or providing t h e same at his her or thei r cost to nomina te as t rus tees of such church or chapel any n u m b e r of persons not less t h a n three nor more t han five to be t r ansmi t t ed to t he Presby te ry for approval as hereinafter provided and for t he subscribers towards erect ing or providing such church or chapel and minis te r ' s dwell ing bur ia l g round or glebe land as aforesaid to elect by p lura l i ty of votes from a m o n g themselves any n u m b e r of t rus tees wi th in t h e l imi ts aforesaid in m a n n e r following t h a t is to say a t a special meet ing of subscribers

subscribers and seat-holders for t h a t purpose to be called t h e names of t en persons qualified to act as t rus tees as hereinafter is provided

shal l be placed on a leet or list agreeably to such local regula t ions

as t he said subscribers m a y appo in t and t h e cha i rman of such mee t ing

shal l after s ign ing t h e said leet or list t r a n s m i t t h e same to t h e

P re sby t e ry of t h e said Colony for t h e selection and appo in tmen t of
no t less t h a n th ree no r more t h a n five of t h e said t en persons and the said P resby te ry shal l after m a k i n g such selection t r ansmi t t he names so

selected for t h e approval of H i s Excel lency t h e Governor	and t h e
Execu t ive	Council .

2. A n d be i t fur ther enacted T h a t t he min is te r for t he t ime-

be ing lawfully appoin ted and recognized by the Presby te ry of N e w Sou th Wales as t h e ordained min i s te r of t h e said church shal l ex

officio be ent i t led to be present a t all meet ings of t h e t rus tees or o ther

mee t ings concerning t h e affairs of t h e church or chapel of which he shal l be t he officiating min i s te r and shal l a t all such meet ings be privi leged to vote upon any quest ion concerning t h e affairs of t h e church or chapel of which he is t h e officiating chaplain as aforesaid or concern ing t he min i s te r ' s dwell ing thereof and in case t he r e should

a t any such mee t ing be an equal i ty of votes t he cha i rman	shall have
a cas t ing vote.

3. A n d be i t fur ther enacted Tha t every person who shall be nomina t ed or appoin ted as t rus t ee for any Presby te r i an church or chapel in connect ion wi th t he Church of Scot land as aforesaid shall bo a member of t h e congregat ion of t he c h u r c h or chapel for which h e shall be so nomina ted or appoin ted e i ther as a seat-holder or a communican t be ing free and above t he age of twenty-one years .

4. A n d be enacted Tha t if any t ru s t ee shall be absent from t h e said Colony or be in a p a r t of t h e said Colony remote from t h e church or chapel for which he is such t rus tee for more t h a n six m o n t h s in succession or shal l be a confirmed luna t i c or shall be or shal l become disqualified by reason of improper conduct or otherwise wi th in t h e mean ing of th i s Ac t of which disqualification so far as regards

sp i r i tua l m a t t e r s t h e .Presbytery a t t he suit of t he o ther t rus tees or

of t h e k i rk session shal l be t h e j u d g e it shal l and m a y be lawful after

not ice given to t h e Presby te ry and t h e sanct ion of t he said P resby te ry hav ing been obta ined for t h e subscr ibers to such church or chapel and t h e seat-holders t he re in to proceed to t h e selection in m a n n e r as afore­

said of t he names of no t less t h a n th ree persons qualified as aforesaid

one of w h o m shal l be selected by t h e P re sby te ry and the person so

selected shall be t h e new t rus t ee for such c h u r c h or chapel .

5. A n d be it enacted Tha t whenever and so often as any

t rus t ee nomina ted and appointed to any chu rch or chapel unde r t h e

provisions of th i s Ac t shall die or shall res ign his office wi th t h e con­ sent of h is co-trustees or shall be removed as aforesaid t he survivors or con t inu ing t rus tees shall for thwi th call a mee t ing of t h e subscribers to a n d seat-holders in such chu rch or chapel for t he purpose of nomin­ a t i ng a new t rus tee and t h e same proceedings shall be observed in all respects as to such nomina t ion and selection as u p o n t h e or iginal appo in tmen t of t rus tees Provided however t h a t no t ru s t ee shall be permi t t ed to res ign his office un t i l he shal l duly have accounted to t h e satisfaction of his co-trustees for all sums of money a t any t ime

received by h i m in his said t ru s t .

6. A n d be i t enac ted Tha t if t he surviv ing or con t inu ing

t rus tees of any such church or chapel shall no t w i th in two m o n t h s after t h e death res ignat ion absence infirmity or remova l from office as afore­ said give publ ic not ice of a mee t ing to be held for filling u p t he vacancy as aforesaid it shall a n d m a y be lawful for t he Presby te ry of said Colony by wr i t ing u n d e r the i r hands and seals t o nomina t e from t h e

congregat ion

congregat ion a person duly qualified as aforesaid and t r ansmi t the n a m e of t h e person so nomina ted for t h e approval of t h e Governor and

Execu t ive Counci l .

7. A n d he i t enacted Tha t t h e new t rus t ee to be nomina t ed or

selected as aforesaid p u r s u a n t t o th i s A c t shall become jo in t ly w i th

t h e con t inu ing or surviving t rus tees or t ru s t ee a t rus tee of t h e site of

the church or chapel min i s te r ' s dwell ing bur i a l g round or glebe land in respect whereof he shall be appointed and all such deeds and assurances shal l be m a d e and executed as shall be necessary legally to effectuate and complete his appo in tmen t as such new t rus tee as aforesaid.

8. A n d whereas for t h e more effective discharge of t h e duties

of t rus tees of P resby te r i an churches or chapels i t is expedient t h a t thei r powers and dut ies should be defined Be it declared and enacted That t he duties of t h e said t rus tees shall be solely confined to the t empora l concerns of said churches and chapels such as t he collec­ t ion of pew ren ts receiving subscript ions donat ions devises or bequea th- m e n t s of lands or other p roper ty for t h e erect ion ma in tenance and repai r of t he church chapel or min i s te r ' s dwell ing for which they shall be appoin ted or for a bur ia l g round or glebe t h e r e u n t o annexed also the p a y m e n t of s t ipends or salaries of church officers expenses a t t end ing the dispensat ion of divine ordinances and t h e faithful performance of minis te r ia l clerical and parochia l d u t y connected the rewi th and i t is also hereby declared t h a t t h e said t rus tees shall have no power or au tho r i t y to appoin t or dismiss t h e min i s te r of any such c h u r c h or chapel to which they are or shall be appointed.

9. A n d be i t enacted Tha t i t shal l and m a y be lawful for the

c le rgyman duly inducted by the P resby te ry in to any chu rch or chapel u n d e r th i s A c t so long as he shall be recognized as such minis te r by the P re sby te ry to have free access and admission to and in such chu rch or chapel and t h e bur i a l g round be longing there to and every pa r t thereof respect ively at all t imes as he shal l t h i n k fit and freely to exercise his spi r i tual functions the re in respectively wi thou t any

h indrance or d is turbance of t h e t rus tees of t he same or any

person wha tever and such officiating minis te r shall or m a y dur ing such t imes as aforesaid freely use have possess and enjoy the min is te r ' s dwell ing-house garden appur t enances and glebe be longing to such church or chapel and receive have and t ake t he r en t s profits and issues thereof respectively Provided t h a t no such l iber ty of access and admission to such house of residence as aforesaid nor occupat ion of

t h e same for any l eng th of t ime whatever shall be cons t rued to confer	any r i g h t of p roper ty in t he same upon t h e c le rgyman or o ther par t ies
by w h o m such house of residence and the appur t enances m a y have been so occupied no r any r igh t or t i t l e to re ta in possession of t he same after such c l e rgyman shall have been removed from his office by t h e decision of t h e P resby te ry nor shall t he same be pleaded in ba r of any ejectment which m a y be b r o u g h t by or on behalf of t h e t rus tees of any church or chapel as aforesaid for recovering possession of such house of residence and t h e appur t enances thereof.
10. A n d be i t enacted T h a t whenever and as often as it shall h a p p e n t h a t t h e glebe or o ther l and be longing to any chu rch or chapel unde r t h i s Ac t no t be ing in possession or occupat ion of any c le rgyman inducted by t h e Presbytery in to such church or chapel or w i th t h e consent of t h e c le rgyman be ing in such possession or occupat ion m a y be improved by bu i ld ing u p o n the same or other­ wise so as to admi t a greater year ly profit t h a n one hund red and fifty pounds and securi ty being given for paymen t to t h e c lergyman who shall nex t be induc ted b y t h e P resby te ry to officiate in such
church or chapel and also to t h e presen t officiating c lergyman of the

said

said s u m of one h u n d r e d and fifty pounds annua l ly i t shall a n d may

he lawful for t he t rus tees of such c h u r c h or chapel wi th t he consent

of t he P resby te ry to en te r in to and u p o n t h e said glebe or o the r land be long ing to t he said church or chapel and to le t t h e same upon leases for any t e r m not exceeding twenty-e igh t years reserv ing the said issues and profits t o t he said t r u s t ee or t rus tees for t h e t ime-being upon t r u s t in t h e first place to pay to t h e officiating min i s te r of t h e said chu rch or chapel one h u n d r e d and fifty pounds ou t of t h e profits and issues as and for a n al lowance for t h e said glebe or o ther land and in t h e n e x t place wi th t he consent of t h e P resby te ry to apply the remainder of t h e said r en t s issues and profits or any p a r t thereof in or towards bu i ld ing or en la rg ing t h e c h u r c h or chapel or min is te r ' s

dwel l ing or for rel igious or educat ional purposes Provided never the ­

less t h a t in cases whe re t h e residence appropr ia ted for t he c le rgyman officiating in any church or chapel shall be s i tuated u p o n the glebe pe r t a in ing to the same it shall and m a y be lawful for t he t rus tees of such church or chapel and they are hereby requi red to reserve any por t ion of such glebe or other l and no t exceeding one-fifth of t h e whole which shall be approved by t h e P resby te ry to be appropr ia ted to t h e personal use and occupat ion of t he said c le rgyman in addi t ion to t h e s u m of one h u n d r e d and fifty pounds per a n n u m to be secured to h i m as aforesaid from the r en t s a n d proceeds of such glebe or o ther lands .

1 1 . A n d be i t fur ther enacted T h a t it shal l and m a y be lawful

for t h e t rus tees appoin ted or to be appoin ted according to t h e pro­ visions of th i s A c t to collect and ga the r all and every s u m or sums of money which m a y be clue and payable for pews or s i t t ings in such chu rch or chapel for which they have been so appointed according to t h e r e n t or r a t e assessed for t h e same or any other s u m or sums of money due on account of t h e said church or chapel or of t he min i s te r ' s dwel l ing bur ia l g round or glebe l and annexed the re to a n d to sue for t h e recovery of t h e same from all persons who shal l fail or refuse to pay the same according to t he t e rms of the i r engagement and t h e said t rus tees out of t h e monies so received or recovered as far as t h e same will ex tend shall r egu la r ly apply the same for t he pu r ­ poses before ment ioned.

12. A n d be i t fu r ther enac ted T h a t t h e said t rus tees shall if

r equ i red to do so furnish to t he P resby te ry before the first day of May in every year a t r u e and correct account to t h e close of t h e preceding year of all receipts a n d d isbursements of money be longing to t he

c h u r c h or chapel of which they m a y be t rus tees .

13 . A n d whereas by t h e said reci ted A c t i t is amongs t o ther

t h ings enacted Tha t w i th r ega rd to churches or chapels already bu i l t

and repa i red or ma in ta ined a t t h e publ ic expense or for t h e min is te rs whereof s t ipends were issued from t h e Colonial Treasury it shal l and m a y be lawful for t he Governor w i t h t he advice of the Execu t ive Counci l wi th in six m o n t h s after t h e pass ing of t h a t Ac t to nomina t e

no t less t h a n th ree nor more t h a n five of t h e pewholders of t h e said

c h u r c h or chapel be longing to t h e rel igious denomina t ion for whose

use t he said church or chapel is ma in t a ined to be t rus tees thereof and to w h o m and t h e heirs of t h e survivor of such t rus tees shall be conveyed as soon as convenient ly m a y be t he rea l es ta te in t h e said

c h u r c h or chapel and min i s te r ' s dwel l ing u p o n t r u s t for t h e ma in te ­

nance and repai r of such church and min i s te r ' s dwel l ing and for t h e provision out of t h e revenues be longing to or ar is ing from t h e use of the said chu rch or chapel in such m a n n e r as shall be lawfully appoin ted of all t h ings necessary for t h e celebrat ion of divine worship the re in and whereas t h e t rus tees for P resby te r i an churches and chapels as aforesaid were appointed wi thou t t h e selection of t h e P resby te ry of N e w South Wales and it is expedient to appoin t t rus tees

for

for such churches or chapels conformably to t h e provisions of th is Ac t Be i t therefore enacted Tha t t h e former appo in tment of t rus tees unde r t h e provisions of t he said reci ted A c t is hereby declared nu l l and void and tha t t he election and appo in tmen t of t rus tees for P resby te r i an churches and chapels a l ready bu i l t shall and m a y be

made as in th i s A c t is directed wi th in six m o n t h s	from	the	pass ing
thereof.