Victorian Legislation and Parliamentary Documentsi
Version No. 001
Presbyterian Churches Act 1837
Act No. 7/1837
Version as at 3 March 2003
TABLE OF PROVISIONS
Section Page
2. Officiating minister entitled to be present at all meetings
concerning affairs of the church 3
3. Person nominated or appointed as trustee shall be member of
congregation of church or chapel 4
4. Manner of selecting replacement for ill or missing trustee 4
5. Provisions for nominating and appointing new trustees 5
6. Public notice to be given of meeting for filling of vacancies 5
7. Responsibilities of new, continuing or surviving trustees 6
8. Definition of duties of trustees of Presbyterian churches 6
9. Officiating minister free to exercise spiritual functions of any
church property 7
10. Raising of revenue by improvement of glebe or land belonging
to church or chapel 8
11. Appointed trustees may collect sums of money for
administration 9
12. Trustees to furnish accounts of all receipts and disbursements
of money 10
13. Governor may nominate pew-holders to be trustees 10
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ENDNOTES 12
General Information 12
Table of Amendments 13
Explanatory Details 14
Victorian Legislation and Parliamentary Documents1
Version No. 001
Presbyterian Churches Act 1837
Act No. 7/1837
Version as at 3 March 2003
An Act to regulate the Temporal Affairs of Presbyterian Churches and
Chapels connected with the Church of Scotland, in the Colony of New
South Wales1.
Preamble
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;"
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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
Preamble
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Presbyterian Churches Act 1837
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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.
2. Officiating minister entitled to be present at all
meetings concerning affairs of the church
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. 2
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3. Person nominated or appointed as trustee shall be
member of congregation of church or chapel
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.
4. Manner of selecting replacement for ill or missing
trustee
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. 3
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5. Provisions for nominating and appointing new
trustees
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.
6. Public notice to be given of meeting for filling of
vacancies
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. 5
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7. Responsibilities of new, continuing or surviving
trustees
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.
8. Definition of duties of trustees of Presbyterian
churches
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. 7
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9. Officiating minister free to exercise spiritual
functions of any church property
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. 9
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10. Raising of revenue by improvement of glebe or land
belonging to church or chapel
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:
s. 10
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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.
11. Appointed trustees may collect sums of money for
administration
And be it further enacted, That it shall and may be
lawful for the trustees appointed, or to be
appointed, according to the provisions of this Act
to collect and gather all and every sum or sums of
money which may be due and payable for pews or
sittings in such church or chapel for which they
have been so appointed, according to the rent or
rate assessed for the same, or any other sum or
sums of money due on account of the said church
or chapel, or of the minister's dwelling, burial
ground, or glebe land annexed thereto, and to sue
for the recovery of the same from all persons who
shall fail or refuse to pay the same according to
the terms of their engagement; and the said
trustees, out of the monies so received or
recovered, as far as the same will extend, shall
regularly apply the same for the purposes before
mentioned.
s. 11
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12. Trustees to furnish accounts of all receipts and
disbursements of money
And be it further enacted, That the said trustees
shall, if required to do so, furnish to the
Presbytery, before the first day of May in every
year, a true and correct account to the close of the
preceding year, of all receipts and disbursements
of money belonging to the church or chapel of
which they may be trustees.
13. Governor may nominate pew-holders to be trustees
And whereas, by the said recited Act, it is
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 shall and may be lawful for
the Governor with the advice of the Executive
Council, within six months after the passing of
that Act, to nominate not less than three nor more
than five of the pew-holders of the said church or
chapel, belonging to the religious denomination
for whose use the said church or chapel is
maintained, to be trustees thereof, and to whom,
and the heirs of the survivor of such trustees, shall
be conveyed as soon as conveniently may be, the
real estate in the said church or chapel and
minister's dwelling, upon trust, for the
maintenance and repair of such church 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
shall be lawfully appointed, of all things necessary
for the celebration of divine worship therein; and
whereas, the trustees for Presbyterian churches
and chapels as aforesaid, were appointed without
the selection of the Presbytery of New South
Wales, and it is expedient to appoint trustees for
s. 12
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such churches or chapels conformably to the
provisions of this Act:
Be it therefore enacted, That the former
appointment of trustees under the provisions of
the said recited Act is hereby declared null and
void, and that the election and appointment of
trustees for Presbyterian churches and chapels
already built, shall and may be made, as in this
Act is directed, within six months from the
passing thereof.
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s. 13
General Information
The Presbyterian Churches Act 1837 was assented to on 9 September 1837
and came into operation on 9 September 1837.
Endnotes
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2. Table of Amendments
There are no amendments made to the Presbyterian Churches Act 1837 by
Acts and subordinate instruments.
Endnotes
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Presbyterian Churches Act 1837
14
3. Explanatory Details
1 The citation for this Act is "8 Wm. IV No. 7. 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.".
Endnotes