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.]

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

1 Interpretation.

1.—In this Act unless there be something in the subject matter or context repugnant to such meaning: The expression “the Church” or “the Methodist Church in Ireland” means the religious body formed by the union of the several societies in Ireland of the people called Methodists in the connection established by the late Reverend John Wesley collectively known as the Wesleyan Methodist Society in Ireland with the Primitive Wesleyan Methodist Society of Ireland and such other persons and societies as have since adhered thereto or united therewith or may hereafter adhere thereto or unite therewith.

The expression “the Conference” or “the Irish Conference” means the yearly conference of the Church composed of representatives in accordance with the constitution of the Church for the time being.

The expression “the Legal Conference” means the yearly Conference of the people called Methodists established pursuant to the provisions of a certain deed poll executed by the late Reverend John Wesley, dated the 28th day of February, 1784, and hitherto held in Great Britain.

The expression “the deed poll” means the said deed poll.

The expression “the constitution” means the constitution of the Church for the time being.

The expression “Special Resolution” means a resolution of the Conference of which notice has been given to the Secretary thereof at the preceding Conference, and which has been passed by a majority of not less than three-fourths of the members present and voting at a meeting of the Conference in any year and confirmed as a special resolution by a majority of not less than three-fourths of the members present and voting at a meeting of the Conference held in the next succeeding year, provided that not less than one-half of the total members of the Conference are present and voting.

The expression “Minister” means a preacher who is a member of the Conference, or admitted into connection therewith.

The expression “circuit” means an area defined as such by the conference including the chapel or chapels therein and constituting the charge of a Minister appointed in accordance with the constitution as superintendent thereof.

The expression “Superintendent Minister” means the Minister appointed in accordance with the constitution as superintendent of a circuit.

The expression “the Statutory Trustees” means the trustees of the Methodist Church in Ireland incorporated by the Methodist Church in Ireland Act, 1915.

The expression “Statutory Trusts” means the trusts set forth in the Schedule hereto.

2 The vesting in and exercise by the Irish Conference of powers and authorities.

2.—From and after the commencement of this Act the several powers and authorities declared by the deed poll or any other deed instrument or Act to be vested in or exercisable by the Legal Conference shall in relation to the Methodist Church in Ireland and the purposes thereof be vested in and exercisable solely by the Irish Conference in accordance with the Constitution; and the deed poll whenever referred to or incorporated shall be deemed and construed to have been modified and amended accordingly.

3 Constitution of the Church.

3.—The constitution of the Church is the Constitution contained in the first schedule to a certain deed poll dated the 12th day of December, 1927 executed in duplicate under the hand and seal of William Henry Smyth of Dewsbury, Earlswood Road, Belfast, M.A., President of the Methodist Church in Ireland and Vice-President of the Conference, duly enrolled in the High Court of Justice Saorstát Eireann on the 14th day of December, 1927, and in the High Court of Justice in Northern Ireland on the 15th day of December, 1927, and the said constitution shall continue to be the constitution of the Church subject to such alterations and with such amendments as may from time to time be made in manner hereinafter provided.

4 Amendment of Constitution.

4.—It shall be lawful for the Conference from time to time to alter or amend the constitution by special resolution in such manner as the Conference shall think fit. Copies of every such special resolution, certified by the President and the Secretary of the Conference for the time being to be true copies of a resolution duly passed and confirmed as a special resolution, shall, within three months from the confirmation thereof, be duly enrolled in like manner as the original constitution contained in the said deed of the 12th day of December, 1927 and when so enrolled shall become operative as from the date of the confirmation of such resolution as a special resolution.

5 Extension of limits of Appointments by Conference.

5.—The Conference, in accordance with its constitution for the time being, shall continue to make all appointments from year to year, but it shall be lawful for the Conference—notwithstanding anything contained in the deed poll or any other deed or instrument—to appoint any Minister

• (a) To the use and enjoyment of any chapel or premises belonging to, or held in trust for the purposes of, the Church for five years successively or such other period as may be fixed by the constitution for the time being.

• (b) To any institution or department or to the use and enjoyment of any premises declared by the Conference to be used for the purpose of a mission for any number of years successively.

6 Power to make Rules and Regulations for business of Conference.

6.—It shall be lawful for the Conference from time to time to make, vary and revoke such rules and regulations as may be deemed expedient for the general conduct and control of its proceedings and the management by committees or otherwise of the business entrusted to it, and further to appoint such and so many committees as it may consider necessary or desirable and to delegate to such committees all or any statutory or other powers, discretions or authorities vested in it, save such as are expressly required by this Act to be exercised by a resolution or special resolution of the Conference, and any committee so appointed shall in the exercise of the powers, discretions or authorities delegated to it conform to any rules and regulations which may from time to time be made by the Conference.

7 Vesting in Statutory Trustees of property held in trust.

7.—If at any time any property, real or personal, which has been or may be granted, assigned or devised or given, subscribed or bequeathed in trust for any purpose or charity connected with the Church or for the endowment, use or benefit of the Church, or of any circuit Church, chapel, mission, organisation, charity, fund or other object connected therewith is not vested in trustees duly appointed by name and able and willing to act it shall be lawful for the Conference by resolution to declare that the same shall vest in or shall be vested in or transferred to the Statutory Trustees who shall thereupon take all further steps (if any) necessary to give effect to such resolution and all other persons (if any) in whom the same is vested or who shall have the custody thereof for the time being shall convey, assign or transfer and shall hand over the same forthwith pursuant to such resolution, and the receipt of the Statutory Trustees shall be a good and sufficient discharge to the persons transferring the same in respect of the property transferred, and such property when so vested in or transferred to the Statutory Trustees shall be held by them upon the trusts affecting the same.

8 Power to Statutory Trustees to sell, mortgage, charge, etc., trusts of proceeds.

8.—Notwithstanding anything contained in the deed or instrument under which the same is held the Statutory Trustees in respect of all property vested in them of whatsoever kind, and wheresoever situate, may exercise all or any of the powers following, that is to say the Statutory Trustees may from time to time with the sanction of the Conference sell, grant in fee farm, lease exchange or otherwise dispose of the same or any part thereof on such terms and in such manner as they think fit or mortgage any property vested in them, and may enter into, execute and do all contracts, assurances and things necessary or proper in that behalf and every such disposition as aforesaid may be made either absolutely in consideration of any price or in consideration of any annual rent or rents to be made payable as the Statutory Trustees direct or partly for a sum of money and partly for such rent or rents as aforesaid as the Statutory Trustees think fit and the Statutory Trustees may afterwards sell any rent so to be made payable and any such rent and the proceeds of any such disposition shall thenceforth be held upon the trusts theretofore affecting the property so disposed of.

9 Appointment of Local Trustees.

9.—It shall be lawful for the Statutory Trustees with the sanction of the Conference from time to time to appoint by deed local trustees to administer in accordance with the trusts thereof any property for the time being vested in the Statutory Trustees and at any time in like manner to revoke the appointment of all or any of such local trustees and every local trustee so appointed shall be bound to account to the Statutory Trustees.

10 Provision for statutory trusts and vesting of property thereon.

10.—It shall be lawful for the trustees, or for a majority—not being less than three-fourths in number—of the trustees, in whom at any time any Church, chapel, manse or other real or chattel real property is vested in trust for the Church or any charity or purpose connected therewith to execute a deed declaring that the property so held by them shall henceforth be held upon the statutory trusts set forth in the Schedule to this Act and thereupon such property shall thenceforth be and be deemed to be held upon and with and subject to the trusts, powers and provisions declared and contained in the said Schedule instead of the trusts, powers and provisions upon and with and subject to which the same was previously held.

11 Evidence of proceedings.

11.—A copy of any consent, approval, sanction, decision, resolution or special resolution of the Conference or any committee thereof which shall be signed by the President or vice-President, or acting vice-President, and by the Secretary or acting Secretary for the time being of the Conference shall be received as prima facie evidence of such consent approval sanction decision resolution or special resolution having been duly given made or passed as the case may be and of the validity of the same in all Courts and before all Justices, Officers and persons whomsoever.

12 Saving the rights, etc., of the Commissioners of Charitable Donations and Bequests for Ireland.

12.—Nothing in this Act contained shall be construed to limit or curtail the rights, powers or privileges of the Commissioners of Charitable Donations and Bequests for Ireland, or, without their consent, to affect any property vested in them or under their control.

13 Short Title.

13.—This Act may be cited as The Methodist Church in Ireland Act, 1928.

SCHEDULE. STATUTORY TRUSTS.

UPON TRUST that all and singular the lands and premises together with all buildings (if any) erected or to be erected thereon shall be used and occupied according to the nature there of for all or any of the purposes hereafter mentioned, that is to say:—

• (a) As a church, chapel or house of worship or as a site for a church chapel or house of worship, for the use and benefit of the Methodist Church in Ireland to the intent that the Church and the several members thereof may therein have God's Holy Word preached and expounded and all other Christian acts and ceremonies done and performed and Meetings held in accordance with the usage of the Methodist Church in Ireland.

• (b) As a schoolroom or schoolhouse, or as a site for a school-room or schoolhouse, to the intent that the Church may have a school or schools or Sunday school conducted in such schoolroom or schoolhouse in accordance with resolutions from time to time passed by the Conference and either subject to the exclusive control of the Conference, or subject to the rules and regulations of the Ministry of Education, as the Conference shall by resolution decide.

• (c) As a minister's residence, or as a site for a minister's residence, to the intent that the same may be used and occupied as a residence by the minister or ministers appointed to the circuit for the time being wherein such premises shall be situate or by such supernumerary minister, or minister on probation as may be permitted by the Conference to reside therein rent free.

• (d) As an orphanage almshouse institution or hall for charitable or religious purposes, or as a site therefor to the intent that the same may be used and occupied for the use and benefit of the Church and any charitable purpose in connection therewith.

• (e) As a burial ground for the interment of members of the Church and such other persons as the Conference may permit to be buried therein in accordance with such rules and regulations as the Conference may make or approve.

• (f) For such purpose or purposes, being charitable purposes, in connection with the Church for which the trust premises may have been, or may be, given or acquired, or for such other charitable purpose in connection with the Church as the trustees or the majority of them may at any time with the sanction of the Conference determine.

PROVIDED ALWAYS that the trustees shall permit and suffer such minister as shall be appointed to such circuit from time to time in accordance with the constitution to have and enjoy any church chapel or house of worship on the said premises for the purpose of preaching and expounding God's Holy Word and for the doing and performing of all other Christian acts and ceremonies and holding meetings therein and shall permit and suffer any dwelling house thereon to be enjoyed by any minister permitted by the Conference to reside therein as a residence for himself without any interruption whatever and shall not permit him to sub-let or alienate in any way and shall permit and suffer the establishment and carrying on of any such school or schools, orphanage, almshouse or other institution and the holding of meetings and other functions upon the said premises for the use and benefit of the Church or any charitable purpose in connection therewith subject to the approval and under the control of the Conference and not otherwise.

PROVIDED FURTHER that the trustees shall permit to be held in the said church chapel or place of worship, school or other buildings only such meetings as are usually held on or in premises belonging to or held in trust for the Methodist Church in Ireland and such other meetings as may be approved by the superintendent minister and by the trustees and are not contrary to any regulation made by the Conference.

PROVIDED HOWEVER that the trustees may permit such other person or persons duly approved or appointed by the superintendent minister according to the usage of the Church to preach in such premises and also such other person as may be appointed in accordance with the constitution to fill any vacancy in the circuit but this proviso is subject to any regulation made by the Conference.

PROVIDED ALWAYS HOWEVER that no minister or person appointed or permitted as aforesaid shall preach maintain propagate or teach therein any doctrine or practice contrary to the statement of belief contained in the constitution for the time being.

PROVIDED ALWAYS that it shall be lawful for the trustees in accordance with any statutory provision in that behalf and with the sanction of the Conference to transfer any school or school property to any educational authority either absolutely or for any term and with or without reserving any right of control to the trustees or to the Conference as the Conference may sanction.

AND UPON FURTHER TRUST from time to time to stand possessed of any income available for the purposes of the trust Upon trust thereout to pay the rent rates and taxes (if any) and other outgoings lawfully payable in respect of the said property and also the costs and charges of insuring and keeping insured the said property against loss by fire or such other risks as the trustees think proper and in repairing improving and keeping the said property in good repair and condition and to retain and reimburse themselves all costs charges and expenses lawfully incurred and paid by them in or about the due execution of the trusts and to pay all other proper charges and expenses in connection with the trust premises.

AND UPON FURTHER TRUST to apply from time to time and at any time any surplus money in the hands of the trustees which in the opinion of the trustees may not be required for the purposes aforesaid for the furtherance of the work of the Church in the circuit in which the trust property is situated or for such other purposes in connection with the Church as the trustees with the sanction of the Conference may from time to time determine.

AND IT IS HEREBY DECLARED that it shall be lawful for the trustees or the majority of them at any time with the sanction of the Conference:—

• (a) To mortgage the trust premises or any part thereof respectively to any person for securing the repayment of such sum of money as it may be necessary to raise or borrow for expenses incurred or to be incurred in the due execution of the trusts and purposes aforesaid or any of them.

• (b) To grant in fee farm, demise, or let the whole or any part of the trust premises which shall not at the time be used or required for any of the purposes aforesaid for any other purpose which shall be approved or sanctioned by the Conference in such manner and upon such terms and conditions as may be agreed upon by the majority of the trustees and sanctioned by the Conference.

• (c) To sell and absolutely dispose of the trust premises or any part thereof freed and discharged from the trusts herein contained and in such manner and upon such terms and conditions as may be agreed upon by the majority of the trustees and sanctioned by the Conference.

AND the trustees or the majority of them are hereby empowered to take such steps and do all such acts and things as may be necessary for carrying out any such mortgage, letting, sale or other disposition as aforesaid.

AND the trustees shall apply any capital money which shall arise from any such sale grant in fee farm, demise or letting, in or towards the discharge of incumbrances and liabilities, whether personal or otherwise, lawfully contracted or occasioned in the execution of the trusts hereof or with the sanction of the Conference for or towards purchasing or procuring a more eligible piece of ground and erecting or acquiring buildings and premises in Ireland to be used for all or any of the uses trusts and purposes aforesaid or such of them as shall be then subsisting or capable of taking effect, or for such other charitable purposes in connection with the Church as the Conference shall determine.

AND IT IS HEREBY DECLARED that the receipt of the majority of the trustees shall in all cases of payment made to them or any of them as such trustees be a full discharge to the person paying the same for all moneys therein acknowledged to have been received by any such trustees as aforesaid and that it shall not be incumbent upon any purchaser mortgagee or lessee of the premises or any part thereof to inquire into the necessity, expediency or propriety of any mortgage sale demise or other disposition thereof made or proposed to be made by the trustees nor to see to or be answerable or accountable for the application loss or misapplication of the purchase or other money for which a receipt or receipts shall be so given as aforesaid.

AND PROVIDED FURTHER that when any trustee shall resign his office of trustee or refuse or become incapable to act in the trusts or reside out of Ireland for twelve months continuously or become bankrupt or insolvent or cease to be a member of the Methodist Church in Ireland or be called upon by a resolution of the Conference to resign the office of trustee he shall be deemed and taken to have thereby vacated his office of trustee and when by all or any of the aforesaid ways or by death of any trustee or otherwise the number of the trustees of any property shall be reduced below four, or sooner, if by the continuing trustees or the majority of them it shall be deemed advisable, the said continuing trustees shall within twelve months after such reduction shall take place by deed nominate and appoint a sufficient number of persons then members of the Church as trustees of such property for the purpose of administering the aforesaid trusts. But in case such continuing trustees or the majority of them shall fail to make such appointment within the time aforesaid after the trustees of such property shall have been reduced below four in number, then it shall be lawful for the superintendent minister of the circuit in which the trust property is situate by deed under his hand and seal in accordance with the regulations of the Conference to appoint trustees (of whom he himself may be one) for the purposes aforesaid and to vest the trust property or cause the same to be vested in such new trustees jointly with the continuing trustees (if any).

PROVIDED ALWAYS that it shall be lawful for the trustees on the nomination of the superintendent minister to appoint from time to time and remove from office such and so many officers paid or unpaid as they may consider requisite and expedient to assist them in the control and management of the trust property.

PROVIDED ALWAYS that the business of the trustees shall be transacted at meetings of the trustees which shall be held from time to time as occasion may require and any question or matter arising shall be decided by the votes of a majority of those persons present (being a quorum) and entitled to vote, and in any case in which the consent of a majority of the trustees for the time being is specifically required under the provisions hereinbefore contained to the doing of any act it shall not be necessary that a majority of the trustees should be present at a meeting of the trustees provided the consent in writing of a majority of the trustees is obtained before doing such act.

AND IT IS HEREBY DECLARED that it shall be lawful for the Conference from time to time to make such rules and regulations for the holding of and conduct of the business at the trustees' meetings as they shall think fit and from time to time to annul, amend, or alter the same and, without in any way limiting the scope of the power above conferred, it is hereby further declared that such rules and regulations may make provision with regard to:—

• (a) The appointment of a Chairman of such meetings who may be a minister who is not one of the trustees.

• (b) Such Chairman having an original or casting vote or both.

• (c) The number of trustees who shall form a quorum.

And the trustees at their meetings and in the transaction of their business shall conform to any such rules and regulations as are in existence or as the Conference may from time to time make or sanction.

PROVIDED ALWAYS and it is hereby expressly declared that nothing hereinbefore contained shall be deemed or taken to authorize the trustees to permit or suffer the trust premises or any part thereof to be used or occupied, or to apply the income or proceeds thereof or any part thereof or permit the same to be applied, otherwise than for the advancement of religion, or education, or for the relief of poverty, or for other purposes being charitable purposes in connection with the Methodist Church in Ireland.

IN the foregoing Statutory Trusts the expression “the trustees” shall include the continuing trustees or other the trustees for the time being; the singular shall include the plural; “person” shall include any body of persons or body corporate, and the words and expressions “The Church” “The Methodist Church in Ireland” “The Conference” “The Constitution” “minister” “circuit” and “superintendent minister,” shall have the same meanings respectively as in The Methodist Church in Ireland Act, 1928.