Church Property Trust Amendment Ordinance 1867 (C)

Church Property Trust Amendment Ordinance 1867 (C)

Provincial Act
Date of assent17 July 1867

Anno Tricesimo Primo Victoriae Reginae

  • 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 by the second section of the said Ordinance enacted that the Bishop together with all the Clergy of the Church officiating within the Settlement in the said Ordinance mentioned together with certain other persons in the said Ordinance respectively named and all such other persons as should be thereafter appointed Trustees under the provisions of the said Ordinance 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 leave perpetual succession and a common Seal with full power and authority to alter, vary, break and renew the same at their discretion and by the same name and style to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all Courts of Law and Equity whatsoever and to be for ever capable in the 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 of 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: AND by the 9th and l0th sections of the said Ordinance now in recital it was enacted that the Trustees should from time to time constitute and define certain districts within the Settlement therein mentioned for the purposes of the Ordinance now in recital and might alter the limits of every such district and might make new and fresh districts and every such district should for the purposes of the said Ordinance now in recital be deemed a Parish:

    Provided that no alteration of the limits of any existing Parish should be made without the consent of the Bishop: AND that the members of the Church residing within every such Parish should once in each year by a majority of votes to be ascertained as thereinafter mentioned elect a lay person being a member of the Church to be Trustee for the purposes of the said Ordinance now, in recital and at such election every male person of the age of 21 years being a member of the Church should be entitled to vote and the incumbent of every such Parish should likewise once in every year nominate another lay person being a member of the Church to be a Trustee for the purposes of the said Ordinance now in recital and the manner in which the majority of such votes should be ascertained and the time, place and mode of such election and nomination respectively should be determined by the said trustees by bylaws to be made in manner in the said Ordinance now in recital provided and the Trustees so elected and nominated should continue to hold office until the next Annual Election and Nomination:

    Provided that if it should at any time appear to the Trustees desirable to increase the number of Trustees in and for any Parish it should be lawful for them to increase the number of such Trustees accordingly and, by any bylaw to declare and ordain that such additional number of Trustees should be elected and nominated as they should think-fit in and for such Parish but so nevertheless that in every Parish the incumbent should at all trines have the right of nominating a number of Trustees equal to the number of elected Trustees: AND WHEREAS by an Ordinance of the Superintendent and Provincial Council of the Province of Canterbury intituled the Church Property Trust Amendment Ordinance Session XI, No 6, certain powers were vested in the said body politic and corporate called the Church Property Trustees enabling them to sell, dispose of and lease certain lands therein mentioned: AND WHEREAS the number of persons elected and appointed and the frequent appointment of fresh persons under the provisions of the said recited Ordinance intituled the Church Property Trust Ordinance, Session II, No 3, to act in the concerns of the said body politic and corporate called the Church Property Trustees interfere with the effective management of the property and concerns of the said body politic and corporate: AND WHEREAS it is expedient for the more effective management of the property and concerns of the said body politic and corporate that the number of persons acting therein should be limited and that certain portions of the said recited Ordinance intituled the Church Property Trust Ordinance, Session II, No 3, should be repealed and other provisions in lieu thereof.