Church Property Trust Amendment Ordinance 1859 (C)

Church Property Trust Amendment Ordinance 1859 (C)

Provincial Act
Date of assent3 November 1859

In the 23rd year of the reign of Her Majesty Queen Victoria

  • Preamble

    WHEREAS by an Ordinance of the Superintendent and Provincial Council of the Province of Canterbury, intituled the Church Property Trust Ordinance, Session II, No. 3, it was enacted that certain person, therein respectively named and all such other persons as should be thereafter elected or appointed Trustees and their successors should be and they were thereby constituted a body politic and corporate by the name of the “Church Property Trustees”, and by that name they should have perpetual succession and a common seal and be forever capable in law, to purchase, receive, possess and enjoy to them and their successors any goods and chattels whatsoever and wheresoever, and any messuages, lands, tenements, and hereditaments in the Province of Canterbury; and also to lease, let, sell, alienate, mortgage, charge, ore otherwise dispose of such property as well real as personal as they should think proper; and also to act in the concerns of the said body politic and corporate as effectually as any person or persons might or could do in his or their respective concerns, for the purpose and object of establishing and maintaining ecclesiastical and educational institutions within the Province of Canterbury, in connection with the Church in communion with the Church of England and Ireland as by law established:

    AND WHEREAS the said Trustees are seised to them and their successors of (amongst other hereditaments) certain messuages, lands, tenements, and hereditaments in the said Province of Canterbury, being special reserves vested in them for the ecclesiastical and educational institutions within the said Province, in connection with the said Church:

    AND WHEREAS the said Trustees are desirous of obtaining express powers enabling them to sell or otherwise dispose of the parcels of land specified in the Schedule A to this Ordinance; and also to lease the parcel of land specified in the Schedule B to this Ordinance; such parcels of land respectively being part of the special reserves so held by them as aforesaid; and it is expedient that such powers should be vested in them, and that the said Ordinance should be amended accordingly.

1 Church Property Trustees may dispose of certain lands specified in Schedule

  • It shall be lawful for the said Church Property Trustees, at any time or times after the passing of this Ordinance, absolutely to sell and dispose of the lands, tenements, and hereditaments specified in the Schedule A to this Ordinance, or any part thereof, wither by public auction or private contract, and in such manner as the said Trustees shall think fit, and to convey the fee simple and inheritance of the same premises when sold to the purchaser or purchasers thereof.

2 Application of money arising from such sales

  • The said Trustees shall out of the money arising from such sale lay out and invest such a sum of the money as shall represent the original purchase money of the land so sold as aforesaid in the absolute purchase of other freehold lands or hereditaments in the Province of Canterbury, to be held by the said Trustees for the purpose and object of establishing and maintaining ecclesiastical and educational institutions within the said Province in connection with the Church in communion with the Church of England and Ireland as by law established; and the residue of the money to arise by such sale shall be laid out in the erection of parsonage houses in that portion of the said Province comprised within the boundaries of the original Canterbury Settlement, for the use of officiating clergymen of the said Church.

3 Trustees may lease certain land described in Schedule B; conditions of lease, etc

  • The said Trustees may from time to time lease all or any portion of the parcel of land specified in the Schedule B to this Ordinance, to any person or persons for any term not exceeding 21 years in possession and not in reversion, at such rent and subject to such covenants and provisos as the said Trustees may deem reasonable, and shall apply the rents of the premises so leased for the purpose and object of establishing and maintaining ecclesiastical and educational institutions in connection with the said Church.

4 The receipt of Trustees to be an effectual discharge

  • The receipt of the said Trustees or their successors for any money paid to them upon any sale under the provisions of this Ordinance or under the provisions of the Church Property Trust Ordinance, Session 11, No 3, or for any other money which may be paid to them or their successors by virtue of this or the said recited Ordinance, shall effectually discharge the person of persons paying the same therefrom, and from being bound to see to the application thereof or being answerable for the non-application or misapplication thereof.

5 Interpretation of words “proper ecclesiastical Synod”, etc

  • AND WHEREAS it was provided by the said Ordinance (section 6), that any bylaw, rule, order, regulation or resolution of the said Church Property Trustees, which should be repugnant to the provisions of the said Ordinance or to the laws or Ordinances of the Colony of New Zealand, or of the Province of Canterbury, or to any canon or ecclesiastical law or regulation then in force, or which might at any time be in force within the Canterbury Settlement under the authority of any proper ecclesiastical Synod or other competent jurisdiction of the Church, should be, and the same was thereby declared to be absolutely null and void: AND it was further provided that the said Trustees and every managing committee thereof should in all their acts and proceedings, bylaws, regulations, and resolutions, conform to and obey all canons and ecclesiastical laws or regulations then or at any time in force within the said Settlement, touching or relating to the administration of the property vested in them for the purposes aforesaid: AND WHEREAS it is desirable that the proper ecclesiastical Synod or other competent jurisdiction of the Church so referred to should be ascertained and defined: AND WHEREAS by a deed of constitution agreed to at a general conference of Bishops, Clergy, and Laity of the branch of the United Church of England and Ireland in New Zealand held at Auckland on the 13th day of June 1857, a representative governing body was constituted to be called the General Synod of such branch of the said Church: AND WHEREAS by a Statute passed by the said General Synod, in its first Session, and intituled “A Statute for Organising the Diocesan Synods”, provision was made for the organisation of Diocesan Synods.In the interpretation of the said Ordinance the words “proper ecclesiastical Synod, or other competent jurisdiction of the church” shall be taken and deemed to mean the Synod of the Diocese of Christchurch organised according to the provisions of the said Statute, or of any other Statute to be made by the General Synod in that behalf.

6 Title

  • This Ordinance shall be intituled and may be cited as the Church Property Trust Amendment Ordinance, Session XI, No 6.

     W S MOORHOUSE
     SUPERINTENDENT

    Passed the Provincial Council this 3rd day of November, and assented to by His Honour the Superintendent, in the name of His Excellency the Governor, on the 4th day of November, in the Year of our Lord, 1859.

     CHARLES BOWEN
     SPEAKER
     LEONARD HARPER
     CLERK OF THE COUNCIL

Schedule A

All that parcel or quarter acre section of land, situate in and fronting upon Tuam Street, in tile City of Christchurch, being part of the reserve No 6, and Section No 1037 on the map of the Chief Surveyor setting out and describing the said City of Christchurch.

Also, all that parcel of land containing 1 acre 1 rood, or thereabouts, situate in and fronting upon Canterbury Street and Ripon Street, in the town of Lyttelton, being reserve numbered 27 on the map of the said Chief Surveyor, setting out and describing the said Town of Lyttelton.

And also all that parcel of land situate near the Heathcote Ferry, containing 1 acre, 5 roods, 26 perches, or thereabouts, being reserve numbered 50 on the map of the said Chief Surveyor, setting out and describing the rural land in the Christchurch district.

Schedule B

All that parcel of land containing 2 roods 15 perches, or thereabouts, situate in and fronting upon Oxford Terrace West, Lichfield Street, and Durham Street in the said City of Christchurch, being reserve numbered 8 on the aforesaid map of the said Chief Surveyor.