Wesleyan Chapels Trustees Act 1839 No 3a (NSW)

1839. S'’ VIC. No. 2. 909

Wesleyan Chapels Tnistees.

No. II.

An Act to enable tlie Society denominated wssleyax chapeu

Wesleyan Methodists to appoint Trustees for Chapels built before the Year One thousand eig’ht hundred and thirty-six. [3rd July, 1839.]

ITEllEAS by an Act of the Governor of New South Wales Preamble.

with the advice of tlie Legislative Councnl thereof passed in the seventh year of the reign of His late Ma.]esty King William the

V Y

Eourth intituled “ ./fw, to ireomote the hnilding o f Churches auiV

“ Chapels and to provide for the m aintenance o f Ministers of Religion “ in New South Wales ” it was among other things recited and enacted That it was expedient that trustees should be appointed for those churclies or chapels already built which were repaired and maintained at the public exjiense or for the ministers whereof stipends were issued from tlie Colonial Treasury and that it should be lawful for the Governor with the advice of the Executive Council within six months after the passing thereof to nominate not less than three nor more than five of the pewholders of the said church or chapel belonging to the religious denomination for whose use the said church or chapel was maintained to be trustees thereof and to whom and the heirs of the suiwivor of such trustees should be con­ veyed as soon as conveniently might be tlu ̂ real estate in the said church or chapel or minister’s dwelling upon trust for the maintenance and repair of such church or chapel and minister’s dwelling and for the proiision out of the revenues belonging to or arising from the use of the said church or chapel in such manner as should be lawfully appointed of all things necessary for the celebration of Divine worship therein And wdiereas by another Act of the Governor and Legislative Council of the said Colony passed in the second year of the reign of Her present Majesty Queen Victoria intituled “An Act to regulate the temporal

2 Victoria No. v.

“ o f the Religious Societies denominated Wesleyan Methodists Indepen- “ dents and Baptists'" it was among other things recited and enacted That with regard to chapels and ministers’ dwellings of the religious societies denominated Wesleyan Methodists Indepen­ dents and Baptists it was expedient to make further provision for creating a succession of properly qualified trustees according to the usages and regulations of the; said societies respectively and for defin­ ing the manner in which the trusts thereby created should be fulfilled and thai; as soon as any church or chapel and minister’s dwelling belonging to the societies albresaid respectively should be erected it should l>e lawful for the trustees or the survivor of them or the heirs of such survivor who should be appointed in pursuance of the Act herein first recited and he and they were thereby authorized and required at the request in writing of any three or more of the subscribers to the undertaking or of any three or more of the members of the society or denomination for whom the said church or chapel Avas erected to convey the said trust-premises Avith any lands or hereditaments thereunto belonging to any number of trustees to be nominated and elected according to the usages of such society as afore­ said not ])eihg less than three nor more than five and to their heirs to liold the real estate of and in the said hereditaments to the use of such society upon the trusts stated and set forth in a model deed of such

u— VOL. 2. society

910 Ko. 3. 3« VIC. 1839.

Customs.

society to be enrolled in the Supreme Court of New South Wales within two years after the passing thereof Provided always that if the original trustees or the survi-\ or of them or tlie heirs of such survivor should leave

• the Colony of New South Wales or should become either naturally or legally incapacitated to act or should neglect or refuse to make such conveyance for six calendar months after such requisition as aforesaid then in any of such cases the fee simple of the trust estate should pass from the said original trustees or the survivor of them or the heirs of such survivor to the Registrar for the time being of the Supreme Court of New South Wales who was thereby authorized and required

, , forthwith to make a proper conveyance of the said estate to the new trustees in manner therein set forth And whereas there are certain chapels in the town of Sydney one situated in Macquarie-street and another in Prince-street the property of one of the societies aforesaid denominated tlie Wesleyan Methodist Society for which trustees have not been appointed according to the provisions of the said first reeited Act And whereas to entitle the two Wesleyan Chapels aforesaid to the benefits of the said first recited Act it is necessary that trustees should he appointed conformably to the provisions thereof and of the

Former appoint-	said last recited Act Be it therefore enacted by His Excellency the
Sared̂ iiuii and	Govei’iior of New South Wales with tlie advice of the Legislative

void new appoint- Council thereof That anv appointment of trustees for the two Wesleyan 4 No 3 and 2 Victoria Chapels aforesaid which may have been heretofore made shall be and

wrthL*six*̂ molfths Same is hereby declared to be null and void and that the election

from the passing of and appointment of trustees for the said two Wesleyan Chapels this Act. respectively shall and may be made as in the two hereinbefore recited

Acts is directed within six months from the passing of this Act.