Victorian Consolidated Legislation

Church of Scotland Act 1840 - SECT 3

Appointment of trustees

3. Appointment of trustees

And whereas by an Act of the said Governor and Legislative Council passed in
the seventh year of the reign of His late 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
was amongst other things enacted that with regard to churches or chapels
already built and repaired or maintained at the public expense or for the
ministers whereof stipends were issued from the Colonial Treasury it should
and might 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 any such 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 survivor of
such trustees should be conveyed as soon as conveniently might be the real
estate in the said church or chapel a nd minister's dwelling upon trust for
the maintenance and repair of such church or chapel and 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 should be lawfully appointed of
all things necessary for the celebration of Divine worship therein and whereas
by the hereinbefore first recited Act passed in the eighth year of the reign
of His late Majesty King William the Fourth after reciting that trustees for
Presbyterian churches and chapels were appointed without the selection of the
Presbytery of New South Wales and it was expedient to appoint trustees for
such churches or chapels conformably to the provisions thereof it was enacted
that such appointment of trustees under the provisions of the said recited Act
passed in the seventh year of the reign of His late Majesty King William the
Fourth should be declared to be null and void and that the election and
appointment of trustees for Presbyterian churches or chapel s already built
should and might be made in manner therein directed within six months from the
passing thereof and whereas from various unavoidable causes such elections and
appointments of trustees were not made within the time in such last recited
Act limited and it is expedient to extend the time within which such elections
and appointments may be made:

Be it enacted That the election and appointment of trustees for any
Presbyterian churches and chapels already built for which trustees have not
yet been appointed in manner aforesaid shall and may be made as in the said
last recited Act is directed within seven years from the passing of this Act:
Provided however that no stipend be issued from the Colonial Treasury to the
ministers of any Presbyterian church or chapel for which trustees under the
said recited Acts have not been appointed until such trustees shall have been
so appointed. --------------- ENDNOTES 1. General Information The Church of
Scotland Act 1840 was assented to on 7 October 1840 and came into operation on
7 October 1840. 2. Table of Amendments There are no amendments made to the
Church of Scotland Act 1840 by Acts and subordinate instruments. 3.
Explanatory Details

1 The citation for this Act is '4 Vic. No. 18. An Act to amend an Act
intituled "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." '. 2 Preamble: Certain land in Sydney was granted in 1826 to trustees
for religious purposes, and the Scots Church was erected thereon. It was held
that these trustees retained the legal estate in the land, notwithstanding the
subsequent Acts, 7 Will. IV, No. 3; 8 Will. IV, No. 7; and this Act; and
notwithstanding the fact that new trustees had been elected under s. 3 of this
Act: Purves v. Lang, (1856) 2 Legge 955. As to the appointment of a receiver
of church pew rents, see ibid. This Act is not a private Act: Purves v. A.G.,
(1860) 2 Legge 1189. Synod has no power to depose a minister appointed under
this Act, but may exclude him from the church: ibid.: and see Macqueen v.
Frackelton, (1909) 8 C.L.R. 673; 11 Austn Digest 689. ??

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Act No. 18/1840





Church of Scotland Act 1840