|
|
Act No. 19 of 1875
PRESBYTERIAN CHURCH PROPERTY |
An Act
for regulating the management by the minister and elders of the Presbyterian
Church of St. Andrew, in the city of Nassau, of certain trust properties for
the said church, and for other purposes. | 19 of 1875 |
[Commencement 9th
April, 1875] |
WHEREAS by the Act
of Assembly, 32 Victoria, chapter 27, the Presbyterian Church of
Saint Andrew, in the city of Nassau, was prospectively disendowed, and the land
upon which that church stands erected was by the said Act vested in the
ministers and elders of the said church for the time being, and his and their
successors in office, in trust for the purposes and uses for which the same was
held before the commencement of the said Act: | Preamble. |
AND WHEREAS
certain property connected with the said church has, since the said Act came
into force, been vested in the said minister and elders as trustees therefor; and
there are also trust funds and monies which are now invested in, or in the
possession, or under the control of the said persons as trustees for the said
church: |
AND WHEREAS It is
desirable that provisions, such as are in this Act contained, should be made in
relation to the said church, trust funds, monies, and other properties and
securities which are now belonging to, or which shall be devised or bequeathed
or given, or in any way belong to or be held for the use of the said church, or
of any congregation connected therewith: |
AND WHEREAS, with
the view effectually to hold and perpetuate the succession of, and the better
to manage, all property, real and personal held or to be held in trust, or for
the use, or in connection with the said Presbyterian Church of Saint Andrew, and
in order to regulate and manage the affairs thereof, it is sought by a petition
from the minister and elders of the said church to obtain an Act of the General
Assembly of these islands. |
[This Act may be
cited as the Presbyterian Church Property Act.] | Short title. |
1. That the
present minister and elders of the Presbyterian Church of Saint Andrew, in the
city of Nassau, to wit, the Reverend Robert Dunlop, minister, Henry Stephenson,
Timothy Darling, James Henry Gamblin, Michael Christopher Knowles, Charles
Tyldesley Sands, Edward William Begrie, elders, and their successors in office
shall be, and they are hereby declared to be a body corporate for the better
holding and management of the property of the said church or connected
therewith, and for the better regulation and management of the affairs thereof,
and under and by the name, style, and title of "The Commissioners of the
Presbyterian Church of St. Andrew," to have continuance and succession for
ever, and may have and use a common seal for the business of the said
Corporation and change and alter the same at their will and pleasure, and shall
and may be capable in law to have, hold, purchase, receive, take, enjoy, and in
the proper execution and for the better fulfilment of the trusts of the said
Corporation and for the benefit and advantage thereof, sell, grant and
otherwise dispose of all manner of real and personal property whatsoever and
every part and parcel thereof; and they shall and may be able and capable in
law, by the name, style, and title of "The Commissioners of the
Presbyterian Church of St. Andrew," to sue and implead, be sued and
impleaded, answer and be answered unto, in any Court of Record, or elsewhere in
law and equity, in all actions and causes whatsoever for, touching, or
concerning any matter or thing appertaining to the said Corporation. | Incorporates certain
persons as Commissioners of the Presbyterian Church of St. Andrew with
continuance and succession for ever. |
2. The
minister and elders of the said Presbyterian Church of Saint Andrew shall
receive all monies raised for, or in any way contributed towards a sustentation
fund for the maintenance of such church, or any other in connection therewith, and
also all sums given, subscribed or bequeathed thereto or in support thereof, or
which shall be payable to them in their capacity as trustees, or be liable to
their control; and they shall pay and apply such monies and sums as they shall
from time to time think fit and determine with, and subject, however, to the
approval of the congregation of the said church of Saint Andrew, testified at a
meeting of the members thereof to be specially called for the purpose. | Powers to raise and apply
funds as trustees of church. |
3. The said
ministers and elders may from time to time invest the sustentation fund, and
all other monies that shall come into their hands for the purposes of, or in
connection with, the trusts vested in them, in any of the public stocks or
funds or Government securities of the United Kingdom, or of The Bahamas, or any
other Colony or dependency of the United Kingdom, or of the United States of
America, or any particular State, or upon mortgage of real securities; and no
trustee shall be liable for any loss occasioned by the depreciation or failure
of any such investment or otherwise save by his own wilful default; and the
said minister and elders from time to time, at their discretion, may vary or
transfer such stocks, funds, and securities into or for others of the same or
like nature. | Trustees may invest money
without being liable for loss. |
4. It shall
be lawful for the said minister and elders from time to time appoint a
treasurer, who shall hold his office on such terms as they shall determine; and
the receipt in writing of the treasurer, or of the minister, or any of the
elders, authorised in that behalf by byelaw, for any monies paid, and for any
stocks, funds, shares, or securities transferred to them, shall effectually
discharge the person or persons paying or transferring the same therefrom, and
from being bound to see to the application, or being answerable for the loss or
application thereof. | Treasurer's receipt a sufficient
discharge. |
5. Any
order, resolution, or proceeding of the said minister and elders, or any power
by this Act conferred, or any gift, devise, or bequest to them or otherwise, for
the benefit of the said church, or any congregation, mission, or charity
connected therewith, shall not be invalidated by reason only of there being a
vacancy in the office of minister or in that of elder or the said church of
Saint Andrew. | Vacancies not to invalidate
gifts, bequests, etc. |
6. Nothing
in the law now contained shall restrict, or be construed to restrict in any way
whatever, the choice, election, or appointment by the congregation of the said
church of Saint Andrew of a minister of any branch of the Presbyterian Church
as the minister or assistant minister of the said church of Saint Andrew. | Minister's election not
restricted. |
|
|