PARLIAMENTARY LEGISLATION ON CHURCH TRUSTS.

Nelson Evening Mail, Volume XVI, Issue 199, 22 August 1881, Page 2

PARLIAMENTARY LEGISLATION ON CHURCH TRUSTS.

(Communicated) I The following will ba explanatory of the recent Parliamentary reports in connection with Church Trusts: — By certain Acts of the General Asretnbly passed in 1856, 1863, and 1865 the General Synod was constituted a body representing the Church of England for suoh purposes es the following :— For the appointment of Trustees in whom property, real or personal, might be vested; and for appropriating any Board or Cotnmitaion to whom it might chose to delegate snch of the powers vested in it as it might prescribe. Similar powers were extended to the Diocesan Synods with the important difference that these power* were controlled by Generl Synod itself. The action of the Trustees was also limited by the direction*, specifically given, of General Synod itself. Doubts arose as to tbe interpretation of these Acts and it was thought advisable to have recourse to the Legislature. During the session of General Synod at Christchurch last year a Select Committee WBS appointed to consider the subject. Tbe Committee reported that it was desirable to have recourse to the Legislature and recommended the incorporation of Trustees of properties whether held for General Synod or any Diocesan Synod, the Trustees to have th« power of sellincr, exchanging or mortgaging, subject to the approval of General Synod or of the Diocesan Synod, or as the caße 1 might require. It may be observed in passing tbat doubts had ariaen as to tbe validity | of the arrangement made for vesting perpetual succession in a body of Diocesan Trustees. The General Synod resolved " Tbat for lh« purpose of removing the doubts referred to in the report of the Committee on the position and powers of Diocesan Trustees relative to the application of the Act of the General Assembly to the legislation of the General and Diocesan Synods, and for the purpose of obtaining tbe incorporation of bodies of Trustees, and for other purposes, it is expedient to have recourse to the Legislature ;" and " That a Bill be drafted to carry out these objects, such Bill to be introduced into the General Assembly with as little delay, as possible. Provided that no Clause, involving the incorporation of parishes or vestries be included." The Bill recently before the House was accordingly drawn up by the Standing Commission. The instructions given by the General Synod were certainly vague; " for other purposes " is an expression capable of great latitude of meaning ; but this Bill, it is contended by the Dioceses, of Auckland, Wellington, and Nelson, goes far beyond what might justly be regarded as a reasonable interpretation of such an expression in allowing the Trustees to take independent action. And in removing the General Synod from its position of being the sole final authority in matters relating to .the selling, exchanging, or mortgaging property, a position wa* taken up, which, it is contended, "was not sanctioned by any resolution or significant expression of opinion on the part of GenerallSynod itself. Hence the opposition, and we understand that the Bill is now withdrawn.