CHURCH OF SCOTLAND ACT 1840 - SECT 3 Appointment of trustees

CHURCH OF SCOTLAND ACT 1840 - SECT 3

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 and 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 chapels 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.

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