New South Wales act

Wesleyan Methodists, Independents and Baptists Temporalities Act 1838

In ForceNSW

Jurisdiction

New South Wales

Act Number

11a of 1838

Collection

act

Plain English Summary

3/10 complexity

This law sets out how Wesleyan Methodists, Independents and Baptists in New South Wales may have chapel buildings and ministers’ dwellings held by trustees chosen under each society’s own rules, by requiring a model trust deed to be proved to the Governor and enrolled in the Supreme Court (ss.1–2). If original trustees leave, are incapacitated, or refuse to transfer within six months, title passes to the Supreme Court Registrar to be conveyed to new trustees; societies must produce and present the enrolment deed (ss.1–2).

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Current sections

Direct links to the current provisions in Wesleyan Methodists, Independents and Baptists Temporalities Act 1838.

Trustees to be appointed under the provisions 7 William IV, No 3

1 Trustees to be appointed under the provisions 7 William IV, No 3

That so soon as any Chapel, or Chapel and Minister’s Dwelling, belonging to the aforesaid Societies, respectively, shall be erected, it shall and may be lawful for the Trustees, or the Survivor of them, or the Heirs of such Survivor, who shall be appointed in pursuance of the Act hereinbefore recited, and he and they, are hereby authorised and required, at the request, in writing, of any three or more of the Subscribers to the undertaking, or of any three or more of the Members of the Society or denomination for whom the said Chapel was erected, to convey the said trust premises, with any lands or hereditaments thereunto belonging, to any number of Trustees, to be nominated and elected according to the usages of such Society, as aforesaid, not being less than three, and to their heirs, to hold the real estate of and in the same hereditaments to the use of such Society, upon the trusts stated and set forth in a model deed of such Society, to be enrolled in the Supreme Court of New South Wales within two years after the passing of this Act, after the same shall have been proved to the satisfaction of His Excellency the Governor, and the Executive Council to be a Deed recognized and established by the usages of the Religious Society to which it professes to belong; Provided always, that if the original Trustees or the survivor of them, or the Heirs of such Survivor shall leave the Colony of New South Wales, or shall become either naturally or legally incapacitated to act, or shall neglect or refuse to make such conveyance for six Calendar months after such requisition as aforesaid, then, in any of such cases, the fee simple of the trust Estate shall pass from the said original Trustees or the Survivor of them, or the Heirs of such Survivor, to the Registrar for the time-being, of the Supreme Court of New South Wales, who is hereby authorised and required forthwith to make a proper conveyance of the said Trust Estate to the new Trustees, in manner above set forth.

Registrar of Supreme Court to enrol model Deed of Conveyance and Trust whenever presented

2 Registrar of Supreme Court to enrol model Deed of Conveyance and Trust whenever presented

And be it enacted, That the Registrar of the Supreme Court of New South Wales, shall be hereby authorised and required to receive and enroll in the said Court, a model Deed of conveyance and trust for each Society, to which this Act refers, after the same shall have been proved to the satisfaction of the Governor and the Executive Council as aforesaid whensover the same shall be presented by the Chairman or senior Minister of the New South Wales district, on behalf of the Wesleyan Methodists; by the Minister or a majority of the Members of the Independent Church, Pitt-street, Sydney, on behalf of the Independents; and by the Minister or a majority of Members of the Baptist Church, Bathurst-street, Sydney, on behalf of the Baptists: Provided always, that it shall be lawful for any one or more of the original Trustees to act as new Trustees, when duly nominated and elected for that purpose.

Source text

Sourced from legislation.nsw.gov.au, CC BY 4.0.

1 Trustees to be appointed under the provisions 7 William IV, No 3

That so soon as any Chapel, or Chapel and Minister’s Dwelling, belonging to the aforesaid Societies, respectively, shall be erected, it shall and may be lawful for the Trustees, or the Survivor of them, or the Heirs of such Survivor, who shall be appointed in pursuance of the Act hereinbefore recited, and he and they, are hereby authorised and required, at the request, in writing, of any three or more of the Subscribers to the undertaking, or of any three or more of the Members of the Society or denomination for whom the said Chapel was erected, to convey the said trust premises, with any lands or hereditaments thereunto belonging, to any number of Trustees, to be nominated and elected according to the usages of such Society, as aforesaid, not being less than three, and to their heirs, to hold the real estate of and in the same hereditaments to the use of such Society, upon the trusts stated and set forth in a model deed of such Society, to be enrolled in the Supreme Court of New South Wales within two years after the passing of this Act, after the same shall have been proved to the satisfaction of His Excellency the Governor, and the Executive Council to be a Deed recognized and established by the usages of the Religious Society to which it professes to belong; Provided always, that if the original Trustees or the survivor of them, or the Heirs of such Survivor shall leave the Colony of New South Wales, or shall become either naturally or legally incapacitated to act, or shall neglect or refuse to make such conveyance for six Calendar months after such requisition as aforesaid, then, in any of such cases, the fee simple of the trust Estate shall pass from the said original Trustees or the Survivor of them, or the Heirs of such Survivor, to the Registrar for the time-being, of the Supreme Court of New South Wales, who is hereby authorised and required forthwith to make a proper conveyance of the said Trust Estate to the new Trustees, in manner above set forth.

2 Registrar of Supreme Court to enrol model Deed of Conveyance and Trust whenever presented

And be it enacted, That the Registrar of the Supreme Court of New South Wales, shall be hereby authorised and required to receive and enroll in the said Court, a model Deed of conveyance and trust for each Society, to which this Act refers, after the same shall have been proved to the satisfaction of the Governor and the Executive Council as aforesaid whensover the same shall be presented by the Chairman or senior Minister of the New South Wales district, on behalf of the Wesleyan Methodists; by the Minister or a majority of the Members of the Independent Church, Pitt-street, Sydney, on behalf of the Independents; and by the Minister or a majority of Members of the Baptist Church, Bathurst-street, Sydney, on behalf of the Baptists: Provided always, that it shall be lawful for any one or more of the original Trustees to act as new Trustees, when duly nominated and elected for that purpose.