Presbyterian Church of England Mission Ordinance 1903

Presbyterian Church of England Mission Ordinance 1903 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Ordinance to incorporate the Senior Missionary in Singapore of the Foreign Missions of the Presbyterian Church of England. [8 May 1903] Whereas the Presbyterian Church of England constituted at Liverpool on 13 June 1876 has a Committee for Mission purposes known by the name of “The Foreign Missions Committee of the Presbyterian Church of England”: And whereas such Committee has several churches and other property movable and immovable in the Colony: And whereas the property of the said Committee in Singapore is managed by the Senior Missionary in Singapore of the said Committee, the present Senior Missionary being the Reverend John Angus Bethune Cook: And whereas it is expedient for conveyancing purposes to incorporate the Senior Missionary in Singapore of the said Committee: And whereas by 2 leases the one numbered 241 and dated 1 August 1840, and the other numbered 242 and dated 1 July 1840, and both made between the East India Company of the one part and the Right Reverend Hilary Courvezy, Bishop, of the other part, 2 pieces of land situate in Prinsep Street in the district of Singapore Town were demised to the said Hilary Courvezy for the terms of 99 years at the yearly rents of $3, and subject to the conditions in such leases contained: And whereas by 2 assignments each dated September 1842 and made between the said Hilary Courvezy of the one part and Benjamin Peach Keasberry for and on behalf of the London Missionary Society of the other part, the said pieces of land were assigned by the said Hilary Courvezy unto the said Benjamin Peach Keasberry as aforesaid and his successors in the office of missionary in the Malay Department of the Singapore Mission, belonging to the said London Missionary Society, for the residue of the said terms: And whereas the London Missionary Society permitted the said Committee to use the church erected upon the said pieces of land for the purpose of divine worship, and ultimately an arrangement was come to whereby the London Missionary Society agreed in consideration of certain payments to be made by the said Committee, which payments have been duly made, to transfer all their rights to the said church and in the said pieces of land to the said Committee: And whereas the said Benjamin Peach Keasberry died on or about 6 September 1875 and there is now no legal representative of his estate: And whereas by an indenture dated 16 April 1884 and made between the Governor of the Colony for and on behalf of the Crown of the one part and the Reverend Alexander Stewart MacPhee and his successors in the office of clergyman of the Presbyterian Church at Singapore (thereinafter termed the Lessee) of the other part, and being lease No. 1646, the land situate in the district of Upper Tanglin and bearing General No. 4920, was demised to the Lessee, his executors, administrators and assigns for the term of 999 years from 8 November 1880 at the rent of $1 and subject to the conditions therein contained, one of which was that it should be used for the purpose of the Chinese Mission and that should it be used for any other purpose it would revert to Government: And whereas by an indenture dated 28 January 1885 and made between the Governor of the one part and the said John Angus Bethune Cook, therein described as of the English Presbyterian Mission House, Devonshire Road, in the town of Singapore, Presbyterian Minister (thereinafter termed the Lessee) of the other part, and being Lease No. 1918, the land situate in the district of Amokiah, and bearing General No. 5506, was demised to the Lessee, his executors, administrators and assigns for the term of 999 years from the date of the lease at the rent of $1, and subject to the conditions therein contained: And whereas by Statutory Land Grant No. 2675 dated 20 March 1891, under the hand of the Governor, the land situate in the district of Amokio, and bearing Survey No. 6244, was granted to the said John Angus Bethune Cook, the Reverend Archibald Lamont, and Charles Phillips (who were described as trustees for the English Presbyterian Mission in Singapore) their heirs, executors and assigns for ever for the purposes of the English Presbyterian Mission, and for no other purposes whatsoever: And whereas by Statutory Land Grant No. 3772 dated 21 February 1893, under the hand of the Governor, the land situate in the district of Bukit Timah, and bearing Survey No. 11774, was granted to the said John Angus Bethune Cook, Archibald Lamont and Charles Phillips (who were described as trustees for the Chinese Mission of the Presbyterian Church of England in Singapore) their executors, administrators and assigns for ever for religious purposes of the Chinese Mission of the Presbyterian Church of England and for no other purposes whatsoever at the annual rent of $1: And whereas the said leases Nos. 1646 and 1918 and the said Statutory Land Grants Nos. 2675 and 3772, were all intended to be made for the benefit of the said Committee: And whereas by an indenture dated 29 January 1896 and made between Foo Teng Quee and Ong Sam Leong of the one part and the said John Angus Bethune Cook and Archibald Lamont of the other part, 20 several allotments being Lots 114 to 128, both inclusive, and 149 to 153, both inclusive, and part of the land comprised in Grant No. 5, Kallang District, distinguished in the plan annexed to the indenture in recital by being coloured red, together with the right at all times thereafter to use all common roads shown on the said plan, and all sewers, drains and watercourses then or thereafter made or passing under or along any of the said roads, were assured to the said John Angus Bethune Cook and Archibald Lamont and their successors in office as missionaries of the Singapore branch of the Chinese Mission of the Presbyterian Church of England in fee simple upon trust for the purpose of erecting buildings of any description whatsoever on the said premises with full power to the said John Angus Bethune Cook and Archibald Lamont and their successors in office aforesaid to use the same for religious purposes, or to let, mortgage or sell the whole or any part thereof as should be to the interest and benefit of the Singapore branch of the Chinese Mission of the Presbyterian Church of England, and subject to the direction and control of the Synod’s Foreign Missions Committee of the Presbyterian Church of England: And whereas the moneys paid for the purchase of the said premises described in the last recital were moneys in the hands of the said John Angus Bethune Cook and Archibald Lamont belonging to the said Committee, and the said assurance to them should have been to them as trustees for the said Committee: And whereas it is expedient to vest all the lands hereinbefore referred to in the said Corporation free from all trusts: It is hereby enacted by the Governor of the Straits Settlements, with the advice and consent of the Legislative Council thereof, as follows: Short title 1. This Ordinance may be cited as the Presbyterian Church of England Mission Ordinance 1903. The Senior Missionary in Singapore of the Foreign Missions of the Presbyterian Church of England to be a body corporate 2.—(1) The Reverend John Angus Bethune Cook and his successors for the time being in the office of Senior Missionary of the said Committee duly qualified as hereinafter provided shall be a body corporate (hereinafter called the Corporation) and shall for the purposes of this Ordinance have the name of “The Senior Missionary in Singapore of the Foreign Missions of the Presbyterian Church of England”, and by that name have perpetual succession, and shall and may have and use a corporate seal. (2) The said seal may from time to time be broken, changed, altered, or made anew as the Corporation thinks fit. (3) The Corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and may sell, convey, assign, surrender and yield up, mortgage, demise, reassign, transfer or otherwise dispose of any movable and immovable property vested in the Corporation upon such terms as the Corporation thinks fit. Use of corporate seal 3.—(1) All deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the seal of the Corporation in the presence of the Reverend John Angus Bethune Cook, or his attorney duly authorised by a power of attorney deposited under section 48 of the Conveyancing and Law of Property Act 1886, or in the presence of his successor for the time being in the office of Senior Missionary, or his attorney duly authorised as aforesaid, and shall also be signed by the said John Angus Bethune Cook or his attorney, or by his successor or his attorney. (2) Such signing shall be sufficient evidence of the due sealing of such deeds, documents and other instruments. Qualification of Senior Missionary 4.—(1) No successor of the said John Angus Bethune Cook in the office of Senior Missionary of the said Committee shall be deemed to be duly qualified as aforesaid unless and until he has caused an extract from the minutes of the Foreign Missions Committee of the Presbyterian Church of England appointing him such Senior Missionary, certified as correct by the Convenor of the Foreign Missions Committee of the Presbyterian Church of England, to have been filed in the office of the Minister, and unless and until a notification of such filing has appeared in the Gazette. (2) Such notification shall be sufficient evidence of the appointment and that the person named therein is duly qualified as required by this Ordinance. Property vested in Corporation 5. Each of the pieces of land mentioned in the preamble is hereby vested in the Corporation for an estate in fee simple, or for the residue of the term of years under which the same is held, as the case may be, free from all trusts whatever. Saving of rights of the Government, etc. 6. Nothing in this Ordinance shall affect the rights of the Government, or of any bodies politic or corporate, or of any other persons except those mentioned in this Ordinance, and those claiming by, from or under them. [7/97]