Act 2, 1905 (II) – Act anent Trustees. 25th May 1905.

Whereas in the action, Bannatyne, and Others, against Lord Overtoun, and Others, it was, on 22nd October 1904, found and declared by Interlocutor of the Second Division of the Court of Session applying the Judgment of the House of Lords, as follows :- (1) That the association or body of Christians calling themselves the United Free Church of Scotland has no right, title, or interest in any part of the whole lands, properties, sums of money and others which stood vested as at the 30th day of October 1900 in the Right Honourable John Campbell Baron Overtoun, and Others, general trustees of the Free Church of Scotland: And (2) that the appellants (pursuers) and those adhering to and lawfully associated with them, conform to the constitution of the Free Church of Scotland, are, and lawfully represent the said Free Church of Scotland, and are entitled to have the whole of said lands, property, and funds applied according to the terms of the trust upon which they are respectively held for behoof of themselves and those so adhering to, and associated with them and their successors, as constituting the true and lawful Free Church of Scotland, and that the defenders, the said Right Honourable John Campbell Baron Overtoun, and Others, as general trustees aforesaid, or the defenders second enumerated, or those of the defenders in whose hands, or under whose control the said lands, property, and funds, may be for the time being, are bound to hold and apply the same (subject always to the trusts aftermentioned) for behoof of the pursuers, and those adhering to, and associated with them as aforesaid, and subject to the lawful orders of the General Assembly of the said Free Church of Scotland, or its duly appointed commission for the time being, and, in particular, that they are bound to denude themselves of the whole of said lands, property, and funds in favour of Major Robert Greig, Shortwoodend, Moffat; Robert Reid, Esq., of Killellan, Campbeltown; James Coltart, Esq., Hawkhill, Bearsden, Glasgow; John MacDonald, Esq., 12 Rupert Street, Glasgow; Charles MacKessock, Esq., Wester Mains of Alves, Forres; John Pursell, Esq., Rhynd Lodge, Seafield, Leith (three being a quorum), as general trustees of the Free Church of Scotland, and their successors in office, but subject always to the trusts upon which the said lands, property, and funds, were respectively held by the said defenders for behoof of the Free Church of Scotland as at 30th October 1900: AND WHEREAS in pursuance of said Interlocutor the said Right Honourable John Campbell Baron Overtoun, and Others, as general trustees aforesaid, did grant in favour of the said Major Robert Greig, Robert Reid, James Coltart, John MacDonald, Charles MacKessock, and John Pursell, as general trustees foresaid, and their successors in office, a disposition of certain lands, property, and funds: AND WHEREAS doubts have been suggested as to the position as trustees of the said Right Honourable John Campbell Baron Overtoun, and Others, and it is expedient that all such doubts should be settled: THEREFORE this Assembly enacts and declares that the said Right Honourable John Campbell Baron Overtoun and Others, who acted as general trustees of the Free Church of Scotland at said 30th October 1900, and who have since adhered to, and associated themselves with, the said United Free Church of Scotland, are no longer general trustees acting under the authority of this Church ; and the General Assembly hereby declares that the whole of said lands, property, and funds, which had been vested in the said Right Honourable John Campbell and Others, as aforesaid, at said date, and such further lands, property, and funds, as may have accrued to this Church, or any of its schemes from said 30^th October 1900, or which may hereafter accrue to the same, are, and shall henceforth be held only by the said Major Robert Greig, Robert Reid, James Coltart, John MacDonald, Charles MacKessock, and John Pursell, and their successors in office, as general trustees, acting under the various relative Acts of Assembly of this Church, subject always to the trusts upon which said lands, property, and funds, were respectively held for behoof of the Free Church of Scotland, as at said 30th October 1900.