United Church of England and Ireland Act 1862 (Vic)

Version No. 001

United Church of England and Ireland Act 1862

Act No. 157/1862

Version as at 24 February 2003

TABLE OF PROVISIONS

Section  Page

1.Repeal of Act 8 Wm. IV. No. 5

2.Act not to apply to church which has unsatisfied debts

3.Lands belonging to United Church of England and Ireland in Victoria granted or conveyed to Bishop of Australia to vest in Bishop of Melbourne and his successors

4.Trustees appointed under Act 8 Wm. IV. No. 5 on ceasing to
hold office to transfer legal estate to trustees to be appointed under Act 18 Vic. No. 45

═══════════════

ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

United Church of England and Ireland Act 1862

Act No. 157/1862

Version as at 24 February 2003

An Act to repeal "An Act to regulate the temporal affairs of Churches and Chapels of the United Church of England and Ireland in New South Wales" and to make other provisions instead thereof.

Preamble

WHEREAS by an Act of His Excellency the Lieutenant Governor of Victoria and the Legislative Council thereof passed in the eighteenth year of the reign of Her Majesty Queen Victoria entitled "An Act to enable the Bishop Clergy and Laity of the United Church of England and Ireland in Victoria to provide for the regulation of the affairs of the said Church" power was given to the said bishop clergy and laity by regulation act or resolution passed in assembly thereof convened under the provisions of the said Act to regulate such affairs but not such regulation act or resolution was to have any legal force or validity against any Act of the Legislature of Victoria:

AND WHEREAS a certain Act of the Governor and Legislative Council of the Colony of New South Wales passed in the eighth year of the reign of His late Majesty William the Fourth and being number five entitled "An Act to regulate the temporal affairs of Churches and Chapels of the United Church of England and Ireland in New South Wales" has now become unnecessary and it is desirable that the same be repealed:

BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in the present Parliament assembled and by the authority of the same as follows (that is to say):

1.Repeal of Act 8 Wm. IV. No. 5

That the said Act of eight William the Fourth number five shall be and the same is hereby repealed.

2.Act not to apply to church which has unsatisfied debts

Nothing hereinbefore contained shall apply to any church built or commenced to be built before the passing of this Act or to the trustees churchwardens or other lay officers of such church so long as any debt existing at the time of the passing of this Act upon or in respect of such church shall remain unsatisfied.

3.Lands belonging to United Church of England and Ireland in Victoria granted or conveyed to Bishop of Australia to vest in Bishop of Melbourne and his successors

That all lands belonging to the United Church of England and Ireland in Victoria which shall prior to the establishment of Victoria as a separate Colony from New South Wales have been granted or conveyed to the Bishop of Australia and his successors shall from the time of the passing of this Act vest in the Bishop of Melbourne and his successors in trust for the United Church of England and Ireland in Victoria to all intents and purposes as if the words Bishop of Melbourne had been used in the deed of grant or conveyance thereof instead of the words Bishop of Australia wheresoever they may occur and such deed of grant or conveyance had been executed subsequently to the establishment of the Colony of Victoria.

4.Trustees appointed under Act 8 Wm. IV. No. 5 on ceasing to hold office to transfer legal estate to trustees to be appointed under Act 18 Vic. No. 45

The trustee or trustees of any land belonging to the United Church of England and Ireland in Victoria for the time being at the time of the passing of this Act who may have been appointed under the provisions of the Act hereby repealed shall continue to hold office subject to such provisions and on his or their ceasing so to hold office such person or persons as shall be appointed trustee or trustees of such land under the authority of any regulation act or resolution passed or to be passed under the authority of the said Act of eighteen Victoria number forty-five shall be entitled to the legal estate of such land in the stead of the trustee or trustees so ceasing to hold office and he or they shall at the expense of the trustee or trustees who shall be appointed in their stead do and execute on being required so to do all such acts deeds or other assurances as may be necessary to transfer the legal estate of such land to the trustee or trustees to be appointed as aforesaid.

═══════════════

ENDNOTES

1.     General Information

The United Church of England and Ireland Act 1862 was assented to on 18 June 1862 and came into operation on 18 June 1862.

2.     Table of Amendments

There are no amendments made to the United Church of England and Ireland Act 1862 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.