Victorian Legislation and Parliamentary Documentsi
Version No. 001
Church of Scotland Act 1840
Act No. 18/1840
Version as at 3 March 2003
TABLE OF PROVISIONS
Section Page
2. Administration of Church property 3
3. Appointment of trustees 3
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ENDNOTES 6
General Information 6
Table of Amendments 7
Explanatory Details 8
Victorian Legislation and Parliamentary Documents1
Version No. 001
Church of Scotland Act 1840
Act No. 18/1840
Version as at 3 March 2003
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."1
Preamble
WHEREAS by an Act of the Governor and
Legislative Council of New South Wales passed in
the eighth year of the reign of His late Majesty
King William the Fourth 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
certain powers privileges and advantages were
conferred upon the Presbytery of New South
Wales and the ministers of the churches and
congregations subject to the spiritual authority
thereof:
AND WHEREAS the said Presbytery have in
compliance with the recommendation of the
commission of the General Assembly of the
Church of Scotland agreed that it is expedient for
the good government of the Presbyterian Church in
the said Colony that a Synod should be formed
comprehending all the ministers and congregations
in the said Colony in connexion with the Church of
Scotland:
AND WHEREAS it has been agreed that the said
Synod shall bear the name of "The Synod of
Australia in connexion with the Established
Church of Scotland":
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AND WHEREAS it is also expedient that the said
recited Act be so amended as that it may apply to
the said "Synod of Australia in connexion with the
Established Church of Scotland":
BE IT THEREFORE ENACTED by His Excellency the
Governor of New South Wales with the advice of the
Legislative Council thereof:
That the several powers privileges and advantages
conferred upon the Presbytery of New South
Wales and the ministers of the congregations
under its spiritual superintendence by the said
recited Act shall as soon as the said Synod of
Australia shall have been formed and notice of
such formation shall have been published by order
of His Excellency the Governor in the New South
Wales Government Gazette be vested in and
belong to the said Synod and the ministers of the
congregations under its spiritual superintendence
as fully and effectually to all intents and purposes
as if the said Synod had been formed and in
existence at the time of the passing of the said
recited Act and been specially named and
mentioned therein:
Provided always that the several powers privileges
and advantages conferred by this Act upon the
said Synod of Australia shall cease and determine
unless the said Synod shall continue its adherence
to the doctrines of the Confession of Faith and to
the other standards and formularies of the
Established Church of Scotland and in the
exercise of discipline shall follow the laws of that
church.
Preamble
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2. Administration of Church property
And be it enacted That all and every the real estate
in all churches and chapels ministers' dwellings
burial grounds and glebe lands and the sites of the
same and in all other lands and hereditaments
appertaining thereunto which have heretofore
been held or are now held by trustees appointed
under the provisions of the said recited Act in
behalf of the several congregations under the
spiritual superintendence of the said Presbytery of
New South Wales or by the trustees of any church
or churches in which it is required that Divine
service shall be performed by an ordained minister
of the Church of Scotland shall continue to be
held by the same trustees and their successors
duly and lawfully appointed in behalf of the same
congregations under the spiritual and
ecclesiastical superintendence of "The Synod of
Australia in connexion with the Established
Church of Scotland" as fully and effectually in all
respects as if the said Synod were specially named
in the said recited Act and invested with all the
powers privileges and advantages thereby
conferred on the Presbytery of New South Wales.
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
s. 2
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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:
s. 3
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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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s. 3
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ENDNOTES
General Information
The Church of Scotland Act 1840 was assented to on 7 October 1840 and
came into operation on 7 October 1840.
Endnotes
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2. Table of Amendments
There are no amendments made to the Church of Scotland Act 1840 by
Acts and subordinate instruments.
Endnotes
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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.
Endnotes