Presbyterian Churches Act 1837

An Act to regulate the Temporal Affairs of Presbyterian Churches and Chapels connected with the Church of Scotland, in the Colony of New South Wales.

WHEREAS by an Act of the Governor of New South Wales, with the advice of the Legislative Council thereof, passed in the seventh year of the Reign of His present Majesty King William the Fourth, intituled, "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 things provided that, "Before any sum of money shall be issued from the Colonial Treasury towards the building of any church or chapel and minister's dwelling, trustees not less than three, nor more than five, shall be nominated by the persons contributing towards the building of the same for the approval of the Governor and Executive Council, and that the real estate in the site of such church, chapel, or minister's dwelling, and of any lands or hereditaments thereunto belonging, shall be conveyed to the said trustees, when approved, and to the heirs of the survivor of such trustees upon trust, for the erection, maintenance, and repair of the said church or chapel, or minister's dwelling, and for the provision out of the revenues belonging to, or arising from, the use of the said church or chapel, in such manner as shall be lawfully appointed of all things necessary for the celebration of divine worship therein;"

AND WHEREAS, with regard to churches, chapels, and ministers' dwellings, of the Presbyterian Church connected with the Church of Scotland, it is considered expedient that further provision should be made, as well for the mode of their original nomination, as for maintaining from time to time by filling up vacancies as hereinafter mentioned, a proper number of duly qualified trustees, and for defining the manner in which the trusts thereby created shall be fulfilled, and otherwise regulating the affairs of churches, chapels, and ministers' dwellings of the said Presbyterian church:

Be it therefore enacted, by the Governor of New South Wales, with the advice of the Legislative Council thereof, that the trustees of Presbyterian churches and chapels as aforesaid, shall be elected and appointed in the manner following; that whenever any person or persons shall, at his, her, or their own cost and expense, erect or provide a church or chapel, which shall be approved by the Presbytery of the said Colony, for the celebration of public worship, according to the use of the established Church of Scotland, or any minister's dwelling, burial ground, or glebe land, or whenever any number of persons shall by subscription, contribute any sum not less than three hundred pounds, for or towards erecting or providing a church or chapel, and minister's dwelling, or burial ground, or glebe land, as aforesaid, it shall and may be lawful for the person or persons so erecting or providing the same, at his, her, or their cost, to nominate as trustees of such church or chapel, any number of persons not less than three, nor more than five, to be transmitted to the Presbytery for approval as hereinafter provided; and for the subscribers towards erecting or providing such church or chapel, and minister's dwelling, burial ground or glebe land, as aforesaid, to elect by plurality of votes, from among themselves, any number of trustees within the limits aforesaid, in manner following; that is to say, at a special meeting of subscribers and seat-holders for that purpose to be called, the names of ten persons qualified to act as trustees as hereinafter is provided, shall be placed on a leet or list, agreeably to such local regulations as the said subscribers may appoint; and the chairman of such meeting shall, after signing the said leet or list, transmit the same to the Presbytery of the said Colony, for the selection and appointment of not less than three, nor more than five, of the said ten persons; and the said Presbytery shall, after making such selection transmit the names so selected for the approval of His Excellency the Governor and the Executive Council.

s. 2

And be it further enacted, That the minister for the time being lawfully appointed, and recognised by the Presbytery of New South Wales as the ordained minister of the said church, 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 of which he shall be the officiating minister, and shall at all such meetings be privileged to vote upon any question concerning the affairs of the church or chapel of which he is the officiating chaplain as aforesaid, or concerning the minister's dwelling thereof; and in case there should at any such meeting, be an equality of votes, the chairman shall have a casting vote.

s. 3

And be it further enacted, That every person who shall be nominated or appointed as trustee for any Presbyterian church or chapel in connexion with the Church of Scotland as aforesaid, shall be a member of the congregation of the church or chapel for which he shall be so nominated or appointed, either as a seat holder, or a communicant, being free, and above the age of twenty-one years.

And be it enacted, That if any trustee shall be absent from the said Colony, or be in a part of the said Colony remote from the church or chapel for which he is such trustee, for more than six months in succession, or shall be a confirmed lunatic, or shall be, or shall become disqualified by reason of improper conduct, or otherwise, within the meaning of this Act, of which disqualification, so far as regards spiritual matters, the Presbytery, at the suit of the other trustees, or of the kirk session, shall be the judge, it shall and may be lawful, after notice given to the Presbytery, and the sanction of the said Presbytery having been obtained, for the subscribers to such church or chapel, and the seat-holders therein, to proceed to the selection in manner as aforesaid, of the names of not less than three persons qualified as aforesaid, one of whom shall be selected by the Presbytery, and the person so selected shall be the new trustee for such church or chapel.

s. 5

And be it enacted, That whenever and as often as any trustee, nominated and appointed to any church or chapel under the provisions of this Act, shall die, or shall resign his office with the consent of his co-trustees, or shall be removed as aforesaid, the survivors or continuing trustees shall forthwith call a meeting of the subscribers to, and seat-holders in, such church or chapel, for the purpose of nominating a new trustee, and the same proceedings shall be observed in all respects as to such nomination and selection as upon the original appointment of trustees:

Provided, however, that no trustee shall be permitted to resign his office until he shall duly have accounted to the satisfaction of his co-trustees, for all sums of money at any time received by him in his said trust.

And be it enacted, That if the surviving or continuing trustees of any such church or chapel, shall not within two months after the death, resignation, absence, infirmity, or removal from office as aforesaid, give public notice of a meeting to be held for filling up the vacancy as aforesaid, it shall and may be lawful for the Presbytery of said Colony, by writing under their hands and seals, to nominate from the congregation a person duly qualified as aforesaid, and transmit the name of the person so nominated, for the approval of the Governor and Executive Council.

s. 7

And be it enacted, That the new trustee to be nominated or selected as aforesaid, pursuant to this Act, shall become jointly with the continuing or surviving trustees or trustee, a trustee of the site of the church or chapel, minister's dwelling, burial ground, or glebe land, in respect whereof he shall be appointed; and all such deeds and assurances shall be made and executed, as shall be necessary legally to effectuate and complete his appointment as such new trustee as aforesaid.

And whereas, for the more effective discharge of the duties of trustees of Presbyterian churches or chapels, it is expedient that their powers and duties should be defined:

Be it declared and enacted, That the duties of the said trustees shall be solely confined to the temporal concerns of said churches and chapels, such as the collection of pew rents, receiving subscriptions, donations, devises, or bequeathments of lands or other property, for the erection, maintenance and repair of the church, chapel, or minister's dwelling, for which they shall be appointed, or for a burial ground or glebe thereunto annexed; also the payment of stipends or salaries of church officers, expenses attending the dispensation of divine ordinances, and the faithful performance of ministerial, clerical, and parochial duty connected therewith; and it is also hereby declared that the said trustees shall have no power or authority to appoint or dismiss the minister of any such church or chapel to which they are or shall be appointed.

s. 9

And be it enacted, That it shall and may be lawful for the clergyman duly inducted by the Presbytery into any church or chapel under this Act, so long as he shall be recognized as such minister by the Presbytery, to have free access and admission to, and in, such church or chapel, and the burial ground belonging thereto, and every part thereof respectively, at all times, as he shall think fit, and freely to exercise his spiritual functions therein, respectively, without any hinderance or disturbance of the trustees of the same, or any person, whatever, and such officiating minister shall, or may, during such times as aforesaid, freely use, have, possess and enjoy the minister's dwelling-house, garden, appurtenances, and glebe belonging to such church or chapel, and receive, have, and take the rents, profits and issues thereof respectively:

Provided that no such liberty of access and admission to such house of residence as aforesaid, nor occupation of the same for any length of time whatever, shall be construed to confer any right of property in the same, upon the clergyman or other parties, by whom such house of residence and the appurtenances may have been so occupied, nor any right or title, to retain possession of the same after such clergyman shall have been removed from his office by the decision of the Presbytery, nor shall the same be pleaded in bar of any ejectment which may be brought by, or on, behalf of the trustees of any church or chapel as aforesaid, for recovering possession of such house of residence and appurtenances thereof.

s. 10

And be it enacted, That whenever and as often as it shall happen, that the glebe or other land belonging to any church or chapel under this Act, not being in possession or occupation of any clergyman inducted by the Presbytery into such church or chapel, or with the consent of the clergyman being in such possession or occupation, may be improved by building upon the same or otherwise, so as to admit a greater yearly profit than one hundred and fifty pounds, and security being given for payment to the clergyman who shall next be inducted by the Presbytery to officiate in such church or chapel, and also to the present officiating clergyman of the said sum of one hundred and fifty pounds annually, it shall and may be lawful for the trustees of such church or chapel with the consent of the Presbytery to enter into and upon the said glebe or other land belonging to the said church or chapel, and to let the same upon leases for any term not exceeding twenty-eight years, reserving the said issues and profits to the said trustee or trustees for the time being upon trust, in the first place, to pay to the officiating minister of the said church or chapel one hundred and fifty pounds, out of the profits and issues as and for an allowance for the said glebe or other land, and in the next place, with the consent of the Presbytery, to apply the remainder of the said rents, issues, and profits, or any part thereof, in or towards building or enlarging the church or chapel, or minister's dwelling, or for religious or educational purposes:

Provided nevertheless, that in cases where the residence appropriated for the clergyman officiating in any church or chapel, shall be situated upon the glebe pertaining to the same, it shall and may be lawful for the trustees of such church or chapel, and they are hereby required to reserve any portion of such glebe or other land not exceeding one fifth of the whole which shall be approved by the Presbytery, to be appropriated to the personal use and occupation of the said clergyman, in addition to the sum of one hundred and fifty pounds per annum, to be secured to him as aforesaid, from the rents and proceeds of such glebe or other lands.