Presbyterian Synod of Victoria Act 1859

Version No. 001

Presbyterian Synod of Victoria Act 1859

Act No. 82/1859

Version incorporating amendments as at 19 February 2001

table of provisions

SectionPage

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SectionPage

1.Presbyterian bodies when united to be recognized as the Presbyterian Church of Victoria

2.Standards of religious belief

3.This Act not to affect congregations not joining

4.Recited Act 17 Vict. No. 19 repealed

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SCHEDULE

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

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Version No. 001

Presbyterian Synod of Victoria Act 1859

Act No. 82/1859

Version incorporating amendments as at 19 February 2001

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Act No. 82/1859

Presbyterian Synod of Victoria Act 1859

An Act to amend an Act intituled An Act to regulate the temporal affairs of the Synod of Victoria and to amend the law relating thereto

Preamble

WHEREAS by an Act of the Lieutenant Governor and Legislative Council of Victoria passed in the seventeenth year of the reign of Her present Majesty Queen Victoria intituled An Act to regulate the temporal affairs of the Synod of Victoria and to amend the law relating thereto it was enacted that the powers privileges and advantages conferred upon the Synod of Australia in connection with the Established Church of Scotland by certain Acts therein recited should be conferred upon the Synod of Victoria:

AND WHEREAS there are now within the colony of Victoria other separate sections or bodies of Presbyterians bearing other designations hitherto but professing and holding almost or wholly the same religious belief and forms of worship and church government viz. "The Free Presbyterian Synod of Victoria" "The United Presbyterian Synod of Victoria" and "The United Presbyterian Synod of Australia":

AND WHEREAS the desire has arisen on the part of the said Synod of Victoria and on the part of the aforesaid sections or bodies of Presbyterians to unite and form themselves into one church under and bearing the name of "The Presbyterian Church of Victoria":

AND WHEREAS it is expedient that the hereditaments estates and temporal privileges belonging to each of those several bodies or sections of Presbyterians and to the congregations respectively of which the said sections or bodies of Presbyterians consist should be secured in all time coming to the said Presbyterian Church of Victoria and to the several congregations respectively forming the said bodies or sections of Presbyterians and now uniting to form the said church:

AND WHEREAS the said several sections or bodies of Presbyterians respectively within the colony of Victoria have hitherto been in connection with certain other ecclesiastical bodies or judicatories and it is expedient that all doubts should be removed as to any such ecclesiastical body or bodies or the judicatories of the same having in any way any power to interfere with the said hereditaments estates or temporal privileges pertaining to the said sections or bodies of Presbyterians now to be united into one church or to any of the congregations forming hitherto a part of any of the said sections or bodies of Presbyterians in Victoria:

Preamble

AND WHEREAS it is expedient that the said recited Act should be so amended that it may apply to the said Presbyterian Church of Victoria:

BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows that is to say:

1.Presbyterian bodies when united to be recognized as the Presbyterian Church of Victoria

s. 1

So soon as the said sections or bodies of Presbyterians shall have united and formed themselves into one church under and bearing the name of the Presbyterian Church of Victoria and after notice of such union having taken place shall have been published in the Government Gazette the office bearers and congregations forming the said church and under the spiritual superintendence of the judicatories of the same shall be recognized as the Presbyterian Church of Victoria unconnected with any other church or ecclesiastical judicatory whatever and all hereditaments estates and temporal privileges and all equitable rights belonging to any of the aforesaid bodies and the congregations thereof or to any such other congregation or congregations as may be formed in time to come under the spiritual superintendence of the said Presbyterian Church of Victoria and the judicatories thereof shall belong to the said Presbyterian Church of Victoria and to the several congregations thereof as fully and effectually to all intents and purposes as at the time of the passing of this Act such hereditaments estates temporal privileges and equitable rights were vested in or belonged to the said Synods and the congregations thereof respectively and shall continue to be administered in terms and according to the provisions of the Acts deeds or instruments under which the same hereditaments estates temporal privileges and equitable rights have accrued to the said bodies and congregations subject to the decisions and judicatories of the said Presbyterian Church of Victoria only.

S. 2
substituted by No. 1707 s. 4.

2.Standards of religious belief

s. 2

The standards of religious belief and of ecclesiastical government set forth in the said scheme of union shall be held to be the standards as well of the Presbyterian Church of Victoria as of the Presbyterian Church of Australia, and the subordinate standard therein set forth may from time to time be altered in accordance with the provisions contained in the said scheme of union.

Adherence to such standards subject to any such alteration as aforesaid shall be required as entitling the said Presbyterian Church of Victoria and the congregations and office bearers thereof respectively to continue possession in all time coming of the hereditaments estates temporal privileges and equitable rights of whatsoever nature whether such hereditaments estates temporal privileges and equitable rights have already accrued or may hereafter from time to time accrue to the said Presbyterian Church of Victoria or to any or all of the several congregations and office bearers respectively forming the said Presbyterian Church of Victoria.

Provided nevertheless that if any alteration is made in the said subordinate standard any person being a minister or office bearer of the said Presbyterian Church of Victoria at the time of the making of such alteration may continue to be a minister or office bearer of such church and to retain all his rights and privileges so long as he adheres to the standards of religious belief and ecclesiastical government set forth in the scheme of union either without alteration or with such part of the alteration or alterations so made as he may approve of.

3.This Act not to affect congregations not joining

s. 3

Nothing herein contained shall affect or be construed to affect in any way any hereditaments estates temporal privileges or equitable rights of any office bearer or congregation of any section of the Presbyterian denomination declining to join the said Presbyterian Church of Victoria:

Provided always and be it enacted that the properties enumerated in the Schedule appended to this Act shall be and hereby are excepted from the operation of this Act as belonging to the congregations under the jurisdiction of the Synod of which the Reverend William Miller is at present the Moderator such Synod consisting at present of the Reverends William Miller Arthur Paul Allan MacVean Andrew Maxwell A. W. Sinclair Alexander McIntyre and Robert Fleming Ministers William M. Bell Joseph Thomson and Roderick McLeod Elders.

4.Recited Act 17 Vict. No. 19 repealed

The said recited Act is hereby repealed so far as any of its provisions are at variance with this Act.

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SCHEDULE

Sch.

1.The property at the corner of Swanston-street and Little Lonsdale-street east, belonging to John Knox's Congregation, of which the Rev. William Miller is at present the Minister; also as belonging to that Congregation.

2.The Land with School Buildings, on Bridge Road, Richmond, given by Wm. M. Bell, Esq.

3.The Land with School Buildings in Cremorne-street, Richmond, given by Wm. Mitchell, Esq.

4.The Land with School Buildings at Euroke, Broadmeadows, given by George S. Brodie, Esq.

5.The Land with School Buildings at East Prahran, given by John Langmuir and others.

6.One half acre of Land at Portland, given by Wm. M. Bell, Esq.

7.The Property of Kilmore, occupied by the Congregation of which the Rev. And. Maxwell is at present the Minister; also as belonging to that Congregation.

8.Allotments 1, 3, 3, 4, of Section VI, in Township of Wallan Wallan.

9.The Free Presbyterian Reserve at Brunswick, occupied by the Congregation of which the Rev. Allan MacVean is at present the Minister.

10.The Reserve at Geelong, occupied by the Gaelic Congregation of which the Rev. Alex. McIntyre is at present the Minister.

11.The Properties at Bellarine and East Bellarine, occupied by the Congregations of which the Rev. A. W. Sinclair is the Minister.

12.The Property at Lethbridge, belonging to the Congregation of which the Rev. Robert Fleming is the Minister.

13.The Free Church Reserve, at the corner of Alma Road and Chapel Street, St. Kilda; at present in possession of the Congregation of which the Rev. Arthur Paul is the Minister.

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ENDNOTES

Endnotes

1. General Information

The Presbyterian Synod of Victoria Act 1859 was assented to on 24 February 1859 and came into operation on 24 February 1859.

2. Table of Amendments

This Version incorporates amendments made to the Presbyterian Synod of Victoria Act 1859 by Acts and subordinate instruments.

Endnotes

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Presbyterian Church of Australia Act 1900, No. 1707/1900

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3. Explanatory Details

Endnotes

No entries at date of publication.

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