Preamble. |
Whereas by a grant dated the 9th day of May, 1843, the Governor of Ceylon, for and on behalf of Her late Majesty Queen Victoria, gave, granted, and assigned the piece of land lying within the Fort of Colombo, whereon a church called and known as " St. Andrew's Church " was built, together with the said church and the session house and the boundary fence thereon existing, to the Reverend the Moderator of the General Assembly of the Church of Scotland and his successors for the time being, to the Reverend David Welsh, Convener of the Colonial Committee of the said General Assembly, and his successors in the said office of Convener for the time being, to William Young, Writer to the Signet, Edinburgh, Secretary to the said committee, and his successors in the said office of secretary for the time being, to the Reverend John G. Macvicar, Colonial Chaplain of the Scotch Church in Colombo, and his successors in the said office, to the Honourable Philip Anstruther and James Laing, Elders of the Scotch Church in Colombo, and their successors in the said office and others who might thereafter be in the said Eldership for the time being, to Captain W. Gregory, Royal Engineers, to J. Read, Merchant, to H. Ritchie, Merchant, and to Lieutenant E. Maberly, Royal Artillery (who are hereinafter referred to as " the original grantees"), to the end and effect that they the said W. Gregory, J. Read, H. Ritchie, and E. Maberly during the term of their natural lives and residence in the Island of Ceylon; and they the said the Reverend the Moderator, David Welsh, William Young, John G. Macvicar, Philip Anstruther, and James Laing, and others who might thereafter be Elders of the said church in Colombo, during their tenure and occupation of the said offices and their successors in perpetual succession should hold the same in trust for the civil, military, mercantile, and other inhabitants of Ceylon professing the doctrine and discipline of the Presbyterian Church as by law established in Scotland, as a place of worship in connexion with the Established Church of Scotland, for the celebration of public worship, the preaching of the Word of God, the administration of the sacraments, and whatever rites and uses the duly ordained minister and Elders of the congregation worshipping therein might appoint, and for the accommodation of the aforesaid inhabitants on the terms on which Her Majesty or Her successors in office might determine, consistently with the privileges of the Kirk Session or of any presbytery or synod that might at any time thereafter be established in this Island: And whereas by the Ordinance No. 18 of 1906,* intituled " An Ordinance to vest title to St. Andrew's Church, Colombo, in certain trustees and to empower them to sell the same " (after reciting that the said land, church, and buildings had become unsuited for the purposes for which the same were granted as aforesaid, and that it was necessary and expedient to sell the same, and to apply the proceeds of such sale in the purchase of other land and in the erection of a new church and buildings thereon; that certain of the original grantees had died; that presently the Reverend James Mitford Mitchell, Doctor of Divinity, was the Convener of the Colonial Committee aforesaid, Alexander Yellowlees was the secretary of the said committee, the Reverend Alexander Dunn was the Chaplain of the Scotch Church in Colombo, and Alexander Stevenson, William Somerville, John Paterson, John Kyle, John Eunson, David Kinloch Michie, Alexander Fairlie, Robert Farquhar Spottiswood Hardie, William Hunter, and Cosmo Moray Gordon were the Elders of the Scotch Church in Colombo, in succession to the said holders of the said respective offices, and that they in such official capacity and the said the Reverend the Moderator purported to hold the said land, church, and buildings in trust as aforesaid under and by virtue of the said grant; and that doubts had arisen as to the legal title of the said holders to the said land, church, buildings, and premises, and as to their power to sell the same), the said land, church, buildings, and premises conveyed by the said grant were vested in the Right Reverend the Moderator of the General Assembly of the Church of Scotland, the said Reverend James Mitford Mitchell, Doctor of Divinity, Convener of the Colonial Committee of the said General Assembly, the said Alexander Yellowlees, Secretary to the said committee, the said Reverend Alexander Dunn, Chaplain of the Scotch Church in Colombo, and the said Alexander Stevenson, William Somerville, John Paterson, John Kyle, John Eunson, David Kinloch Michie, Alexander Fairlie, Robert Farquhar Spottiswood Hardie, William Hunter, and Cosmo Moray Gordon, Elders of the Scotch Church in Colombo, in trust for the purposes and objects and subject to the terms and conditions in the said grant contained ; and it was declared that it should be lawful for, and the power was thereby granted to them as trustees as aforesaid to sell and transfer the said land, church, buildings, and premises, to apply the proceeds of such sale in the purchase of other suitable land and in the erection of a new church and buildings to be called St. Andrew's Church; and it was further declared that the land to be purchased and the new church and buildings to be erected as aforesaid should be held by the said the Right Reverend the Moderator of the General Assembly of the Church of Scotland, the said Reverend James Mitford Mitchell, Convener of the Colonial Committee of the said General Assembly, the said Alexander Yellowlees, Secretary to the said committee, the said Reverend Alexander Dunn, Chaplain of the Scotch Church in Colombo, and the said Alexander Stevenson, William Somerville, John Paterson, John Kyle, John Eunson, David Kinloch Michie, Alexander Fairlie, Robert Farquhar Spottiswood Hardie, William Hunter, and Cosmo Moray Gordon, Elders of the Scotch Church in Colombo (hereinafter referred to as "the new trustees "), and by their successors in office, in trust for the purposes and objects and subject to the terms and conditions in the said grant contained:
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