The Methodist Church in Ireland Act, 1928

• Permanent Page URL

Number 2 (Private) of 1928.

THE METHODIST CHURCH IN IRELAND ACT, 1928.

ARRANGEMENT OF SECTIONS

SCHEDULE.

Number 2 (Private) of 1928.

THE METHODIST CHURCH IN IRELAND ACT, 1928.

AN ACT TO GIVE STATUTORY EFFECT TO THE CONSTITUTION OF THE RELIGIOUS BODY KNOWN AS THE METHODIST CHURCH IN IRELAND AND TO PROVIDE FOR THE ALTERATION AND AMENDMENT OF SAME, TO CONFER ADDITIONAL POWERS UPON THE ANNUAL CONFERENCE OF SAID CHURCH, TO CONFER ADDITIONAL POWERS UPON THE STATUTORY TRUSTEES INCORPORATED BY THE METHODIST CHURCH IN IRELAND ACT, 1915, TO ENABLE TRUSTS TO BE DECLARED IN FAVOUR OF SUCH CHURCH, TO PROVIDE FOR CONDUCT OF PROCEEDINGS OF CONFERENCE AND OTHER PURPOSES IN RELATION THERETO. [9th June, 1928.]

Preamble.

WHEREAS in or about the year 1739 John Wesley, late of Lincoln College, Oxford, Clerk in Holy Orders, founded a religious society, of which the members subsequently became generally known by the name of Methodists or Wesleyan Methodists, which society was introduced into Ireland in the year 1747:

AND WHEREAS divers buildings in Great Britain and Ireland commonly called Chapels, with a messuage or dwellinghouse school-houses or other appurtenances were from time to time given or conveyed by the said John Wesley and other persons to trustees upon trust (inter alia) to permit and suffer such person and persons and for such time and times as should be appointed by the Yearly Conference of the people called Methodists in London, Bristol, or Leeds, and no others to have and enjoy the said premises for the purpose of preaching and expounding God's Holy Word:

AND WHEREAS for the purpose of rendering effectual the trusts created by the said several gifts and conveyances, and that no doubt or litigation might arise with respect to the same, or the interpretation or true meaning thereof, the said John Wesley executed a deed poll of declaration dated the 28th day of February, 1784, which said deed was duly enrolled in the High Court of Chancery in England:

AND WHEREAS the said deed poll contained a Declaration by the said John Wesley that the Yearly Conference of the people called Methodists had always theretofore consisted of the preachers and expounders of God's Holy Word commonly called Methodist Preachers in connection with and under the care of the said John Wesley whom he had thought expedient to summon to meet him in London, Bristol or Leeds to advise with them for the promotion of the Gospel of Christ to appoint the persons so summoned and the other preachers and expounders of God's Holy Word, also in connection with and under the care of the said John Wesley, not summoned to the said Yearly Conference, to the use and enjoyment of the said chapels and premises so conveyed upon trust as aforesaid, and for the expulsion of unworthy and admission of new persons under his care and into his connection to be preachers and expounders as aforesaid and also of other persons upon trial for the like purpose. And the deed poll further declared that the several persons to the number of one hundred therein named being preachers and expounders of God's Holy Word under the care and in connection with the said John Wesley had been and then were members of the Yearly Conference according to the true intent and meaning of the said several gifts and conveyances wherein the words Conference of the people called Methodists are mentioned and contained and that the said several persons therein mentioned and their successors for ever to be chosen as thereinafter provided were and should for ever be construed taken and be the Conference of the people called Methodists nevertheless upon the terms and subject to the regulations thereinafter prescribed and the Conference so defined, and consisting solely of Preachers became known as the Legal Conference:

AND WHEREAS the deed poll provided for the assembly yearly of the Legal Conference, for the filling of vacancies and for the maintenance of the number of members of conference at one hundred and other like matters, and also provided that the act of the majority shall be taken to be the act of the whole Conference, and contains the following clauses as to the powers of the Legal Conference:

“Eighth: The Conference shall and may expel and put out from being a member thereof, or from being in connection therewith, or from being upon trial, any person member of the Conference or admitted into connection, or upon trial, for any cause which to the Conference may seem fit or necessary, and every member of the Conference so expelled and put out shall cease to be a member thereof to all intents and purposes as though he were naturally dead, and the Conference immediately after the expulsion of any member thereof as aforesaid shall elect another person to be a member of the Conference in the stead of such member so expelled:

“Ninth: The Conference shall and may admit into connection with them, or upon trial, any person or persons whom they shall approve to be Preachers and Expounders of God's Holy Word, under the care and direction of the Conference, the name of every such person or persons so admitted into connection, or upon trial as aforesaid, with the time and degrees of the admission, being entered in the journals or minutes of the Conference:

“Tenth: No person shall be elected a member of the Conference who hath not been admitted into connection with the Conference as a Preacher and Expounder of God's Holy Word as aforesaid for twelve months:

“Eleventh: The Conference shall not, nor may, nominate or appoint any person to the use and enjoyment of or to preach and expound God's Holy Word in any of the chapels and premises so given or conveyed, or which may be given or conveyed upon the trusts aforesaid who is not either a member of the Conference or admitted into connection with the same, or upon trial as aforesaid, nor appoint any person for more than three years successively to the use and enjoyment of any chapel and premises already given or to be given or conveyed upon the trusts aforesaid, except ordained Ministers of the Church of England:

“Twelfth: That the Conference shall and may appoint the place of holding the yearly assembly thereof at any other city, town, or place than London, Bristol, or Leeds, when it shall seem expedient so to do:

“Thirteenth: And for the convenience of the chapels and premises already, or which may hereafter be given or conveyed upon the trusts aforesaid, situate in Ireland or other parts out of the Kingdom of Great Britain, the Conference shall and may, when and as often as it shall seem expedient, but not otherwise, appoint and delegate any member or members of the conference, with all or any of the powers, privileges, and advantages hereinbefore contained or vested in the conference, and all and every the acts, admissions, expulsions, and appointments whatsoever of such member or members of the Conference so appointed and delegated as aforesaid, the same being put into writing and signed by such delegate or delegates, and entered in the journals or minutes of the conference, and subscribed as after mentioned, shall be deemed, taken, and be the acts, admissions, expulsions, and appointments of the conference to all intents, constructions and purposes whatsoever from the respective times, when the same shall be done by such delegate or delegates notwithstanding anything herein contained to the contrary:”

AND WHEREAS for many years the Society of the people called Methodists otherwise known as the Methodist Church in Ireland has had its own conference held yearly in Dublin, Belfast, or Cork which included the members of the Legal Conference appointed as a delegate pursuant to clause thirteen of the deed poll, who alone had the power to admit, expel and appoint preachers in connection with the Methodist Church in Ireland and deal with the matters reserved to the Legal Conference all other matters arising in Ireland being dealt with by the conference as provided by the constitution for the time being:

AND WHEREAS the Constitution of the Methodist Church in Ireland has been duly enrolled:

AND WHEREAS divers buildings, chapels, schools, halls, messuages and dwellinghouses in various parts of Ireland are now held by trustees upon various trusts for the use of such preachers in connection with the Methodist Church in Ireland, as the Legal Conference should from time to time appoint:

AND WHEREAS by reason of the contemplated amalgamation of the Wesleyan Methodist and other Churches in England the Legal Conference may shortly cease to exist:

AND WHEREAS it is expedient that all powers and authorities vested in and exercisable by the Legal Conference in respect of the Methodist Church in Ireland should henceforth be vested in and exercisable by the Conference of the Methodist Church in Ireland:

AND WHEREAS under the eleventh clause of the deed poll it is provided that no person except ordained Ministers of the Church of England may be appointed for more than three years successively to the use and enjoyment of any chapel, and it is expedient that such limitations of appointments should he altered as hereinafter provided:

AND WHEREAS by the Methodist Church in Ireland Act 1915 a body corporate was created with perpetual succession and a common seal under the name of “The Trustees of the Methodist Church in Ireland” with power to hold and receive lands money or other property given conveyed or otherwise assured to them to be applied in accordance with the trusts declared in reference thereto or affecting the same and with power to act as custodian trustees of property for the time being vested in or belonging to the several trusts and funds connected with the Church or any of them as Conference might direct subject to trust charge or obligation affecting same and as far as no special trust charge or obligation should extend then upon such trusts and for such purposes as the Conference should from time to time direct:

AND WHEREAS from time to time real or personal property which has been or may be granted, assigned or devised, or given, subscribed or bequeathed, in trust for some purpose or charity connected with the Methodist Church in Ireland, or for the endowment use or benefit of the said Church, or of some circuit, chapel, mission, organisation, charity, fund, or other object connected therewith, has or may become vested in persons who are unable or unwilling to act as trustees or who do not in fact act, or who for some other reason are unsuitable and it is desirable that in all such cases unless such persons have been specifically named by the donors testators or subscribers it should be lawful for the Conference to require that such property real or personal should be vested in or transferred to the trustees of the Methodist Church in Ireland:

AND WHEREAS it is expedient that in the case of all real or chattel real property whether hitherto transferred to them, or hereafter to be acquired by them, the Trustees of the Methodist Church in Ireland should have the fullest power, with the sanction of Conference, to sell, grant, lease, mortgage, exchange, or otherwise dispose of the same and should also have power to appoint local trustees to administer any property vested in them:

AND WHEREAS in the case of certain trust property the trusts whereof have been inadequately declared it is desirable in order to secure the uniformity of the trusts that the trustees of any property should be empowered to adopt the Statutory trusts as hereinafter contained:

AND WHEREAS the Conference at its annual meeting held at Dublin commencing on Tuesday the 14th June 1927 and the Legal Conference at its annual meeting held at Bradford on the 15th day of July 1927 have approved of the alterations and amendments proposed to be made by this Act:

AND WHEREAS the Methodist Church in Ireland, being one united body with members and property throughout the whole of Ireland desires to have such purposes carried into effect by Acts of the respective Legislatures having jurisdiction:

AND WHEREAS the purposes aforesaid cannot be effected without the authority of the Oireachtas of Saorstát Eireann:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:—