Victorian Current Acts

CHURCH OF SCOTLAND ACT 1840 - NOTES

Version No. 001

Act No. 18/1840
Version as at 3 March 2003

ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ

Version No. 001

Church of Scotland Act 1840

Act No. 18/1840

Version as at 3 March 2003

An Act to amend an Act intituled "An Act to regulate the temporal affairs of Presbyterian Churches and Chapels connected with the Church of Scotland in the Colony of New South Wales."^[1]

The Church of Scotland Act 1840 was assented to on 7 October 1840 and came into operation on 7 October 1840.

        2.     Table of Amendments
Endnotes

There are no amendments made to the Church of Scotland Act 1840 by Acts and subordinate instruments.

        3.     Explanatory Details
Endnotes

^[1] The citation for this Act is '4 Vic. No. 18. An Act to amend an Act intituled "An Act to regulate the temporal affairs of Presbyterian Churches and Chapels connected with the Church of Scotland in the Colony of New South Wales." '.

^[2] Preamble: Certain land in Sydney was granted in 1826 to trustees for religious purposes, and the Scots Church was erected thereon. It was held that these trustees retained the legal estate in the land, notwithstanding the subsequent Acts, 7 Will. IV, No. 3; 8 Will. IV, No. 7; and this Act; and notwithstanding the fact that new trustees had been elected under s. 3 of this Act: Purves v. Lang, (1856) 2 Legge 955. As to the appointment of a receiver of church pew rents, see ibid.

This Act is not a private Act: Purves v. A.G., (1860) 2 Legge 1189. Synod has no power to depose a minister appointed under this Act, but may exclude him from the church: ibid.: and see Macqueen v. Frackelton, (1909)
8 C.L.R. 673; 11 Austn Digest 689.