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T» to T» P« of fil Oi bi th •U ot fir aU or Th ah Tl wl Ml di enl ba rig re( m4 This item is filmed at the reduction ratio checked below/ Ce document est filmA au taux de rMuction indiqui ci-deaaoua. 10X 14X 18X 22X 26X 30X y 12X 16X 20X MX 28X 32X The eopy filmMl h«r« hat bMn r«produc«d thanks to th« gtnaroaity of: Blbliothique nationale du Qutbac L'axamplaira filmA fut raproduit grica k la gAnAroaitA da: BibliothAqua nationala du Quebec Tha imagaa appaaring hara ara tha bast quality poaslbia conaidaring tha condition and laglblllty of tha original copy and In kaaping with tha filming contract apaclflcatlons. Original coplas In printad papar covars ara fllmad baglnning with tha front oovar and anding on tha laat paga with a printad or llluatratad Impras- slon, or tha back covar whan appropriata. All othar original coplaa ara fllmad baglnning on tha first paga with a printad or llluatratad impraa- sion, and anding on tha last paga with a printad or llluatratad Imprasslon. 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Tous les autras exemplalres orlglnaux sont fllmts en commen9ant par la pramlAre paga qui comporta una emprelnte d'impreaalon ou d'lllustratlon at en termlnant par la darnlAre paga qui comporta una telle emprelnte. Un des symboles suivants apparattra sur la dernlire Image de cheque microfiche, selon le caa: la symbols — ► signlfle "A SUIVRE", le symbols V signlfle "FIN". Les certes, pisnches, tableeux, etc., peuvent Atre filmAs A des taux de reduction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, II est film* A partir da I'angle supArieur geuche, de gauche A droite, et de haut en bas, en prenent le nombre d'imeges nAcessaire. Les diagrammas suivants lllustrent la mAthode. 1 2 3 W-r 1 t 9 4 • ACTS mOORPOBATINO CHURCH SOCIETIES, AMD CHUBCH TEMPOEALITIES ACT. ;^^^ ^ Ai . 1852. 'mi'i, \f ANNO QUARTO-DECIMO ET QUINTO-DECIMO VICTORIiE REGINiE. CAP. CLXXI. An Act to provide for the establishment of a Church Society of the United Church of England and Ireland, in each Diocese of that Church in Lower Canada, and for other purposes ,1 connected vnih the recent division of the Diocese of Quebec. Reserved for the signification of Her Majesty's pleasure, 30th August, 1851. The Roy» Assent given by Her Majesty in Council, on the 10th Janua 7,1852; and Proclamation made thereof by His Excellency Jams.' , Eabl or Eloin and Kincardink, in the Canada Ga- zette of the 21tk February, 1852. The Rorol Assent revoked, as being informal, on the 15th May, 1852, ana Proclamation thereof made by His Excellency Jakes, Eakl or Eloik and Kincabdink, in the Canada Gazette of the 9th June, 1852. The Royal Assent given by Her Majesty in Council on the 16th May, 1852, after the Act had been more than thirty days previously laid before both Houses of the Imperial Parliament ; and Proclamation made thereof by His Excellency Jamxs, Eabl or Eloim and KiNCABDiNB, in the Canada Gazette of the 9th June, 1852. WHEREAS by an Act passed in the seventh year ot Her Majesty's Reign, and mtituled, Jin Act to ineorporatt ths CSiurdi Societies of the United Church of England and Ireland, in the Dioeetea of Quebec and To- ronto, a Corporation was created for the objects in the said Act mentioned, in and for the Diocese of Quebec, by the name of 3%e CfturcA Society of the Dioceu of Quebec, to consist of the Lord Bishop of the said Diocese, and other the persons therein named and their successors; And whereas Her Majesty by Her Royal Letters Patent, bearing date at Westminster on die eighteenth day of July, in the 14th year of Her Majesty's Reign, was pieasra to divide the said Diocese of QueMC in two Dioceses, the one to be called The Dioceee of Quebec, and the other, 3%€ Dioceie of Montreal, in the maimer and with the limits and boundaries in the said Letters Patent men- tioned, and by reason of such division it bath become expedient, and the said Corporation hath prayed, that the members thereof and their successors may hereaAer form two Corporations in the manner, with the' corporate names and rights, and subject to the provisions hereinafter mentioned and made: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Leeislative Council and of the Legis- lative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in tiie Parliament of the United Kingdom of Great Britain and IreUmd, and intituled, Jin Jtct to re- unite the Provinces of -Upper atul Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same. That from and after the passing of this Act, the Corporation created by the Act first above cited, by the name of 7%e Church 8c-cit'y of the Diocese of Quebec, svnd hereinafter called and referred to as "the late Corporation," shall cease and determine ; and there shall be and is hereby constituted in and for the Diocese of Quebec, as now constituted, a Corporation by the corporate name of T%e Church Society of the Dioceu of Quebec, and another Corpo- ration in and for the Diocese of Montreal, as now constituted, by the coipo- rate name of J%e Church Society of the Diocese of Montreal, each of which said Corporations shall have and is hereby invested wi^ the like corporatt rights, powi*^ and privileges m by tfae Act first above cited are conferred upon the said late Corporation, and to each of the said Corporations, and to the members thereof, the several clauses and provisions of the said Act shall apply as fully as they would have applied without this Act and without the division of the former Diocese of Que Dec, to the said late Corporation, and the members thereof, and as if each of the said Corporations had been one of those constituted by the said Act, in so far as may not be inconsistent with this Act, and subject always to the provisions herein made. II. And be it enacted, That the Corporation of The Church Society of the Dioctte of Quebec, hereby constituted, shall be composed and consist of the Lord Bishop of the Diocese of Quel^ec (as now constituted) for the time being, and of those members of the said late Corporation who shall at the time of the passing of this Act be resident within the said Diocese of Quebec, unless and until it shall be otherwise provided by the By-laws of the Cor- poration, and of such other persons as shall from time to time hereafter be elected members of the said Corporation, in the manner provided by the Act aforesaid. III. And be it enacted. That the Corporation of The Church Society of the IHoceee of Montreal, hereby constituted, shall be composed and consist of the Lord Bishop of the Diocese of Montreal, for the tmie being, and of those members of the said late Corporation who shall, at the time of the passing of this Act, be resident within the Diocese of Montreal, unless and until it shall be otherwise provided by the By-laws of the Corporation, and of such other persons as shall from time to time hereafter be elected mem- bers of the said Corporation, in the manner provided by the Act aforesaid. IV. Provided always, and be it enacted. That any life member of the said late Corporation, resident in either of the said Dioceses, shall have power to make his election of the Diocese with which to be connected, and that if no such preference be expressed by him in writing under his hand, to the Bishop of such Diocese, within two months after the passing of this Act, such life member shall be considered to be and shall be a life member of the Corporation of the Diocese within which he resided at the time when the said Letters Patent took effect ; and provided further, that any person not resident in the Province of Canada, who became and was such life member at the time when the said Letters Patent took effect, shall be considered to be and shall be an honorary member of both Corporations. V. And be it enacted. That the real property of the said late Corporation, and its right to or in any real proper^, whether held to and foi its own use generally, or in trust for any special purpose or purposes, ' shall be and are hereby vested in that one of the two Corporations nereby constituted, which is constituted in and for the Diocese in which such real property shall respectively lie ; and that any real property of the said late Corporation, situate in Upper Canada, shall be and is hereby vested in the said Church Society of the D\ocese of Montreal, and the personal property of the said late Corporation (including all books, papers and documents uierennto re- lating, and its right to or in any personal property) shall be and is hereby vestra provisionally in the Corporation of 2%e Church Society of the Dmeae of Qfubtc, hereby constituted; Provided always, that no trust upon which any such property, real or personal, is held, shall be disturbea or effected, but shall be strictly observed and performed by that Corporation in which such property or the right thereto will be vested ; and provided also, that the Corporation last mentioned shall, within one year from the passing of this Act, assign and convey to The Ckuri^ Society of the JHoeeu tf Montreal, such proportion as shall be agreed upon by the two Corporations, of the personal property- held by the said late Corporation otherwise than tpon trust for any special purpose or purposes ; and that it shall be lawful for either of the Corporations hereby constituted, to assign and convey to the other any property, real or personal, of the said late Corporation held upon any trust or trusts which it shall appear to the said Corporations can be more conveniently performed by the Corporation to which such assign- menl and conveyance shall be made, such assignment and conveyance beinff made upon the trusts to which the property is subject; and the liabiTitios of the said late Corporation shall be discharged by that one of the Corporations hereby constituted, in whom the property shall be vest- ed in respect of which such liability shall have been incurred, or if the same shall not have been incurred in respect of any property, then the same shall be discharged by The Church Society of the Dioceu of Quebec, unless it be' otherwise agreed between the said two Corporations. YI. And be it enacted, That the By-laws of the said late Oorporatior in forfce immediately before the passing of this Act, shall, in so far as they may be capable of sucn application, and consistent with the provisions of this Act, be the By-laws of each of the Corporations hereby constituted, until they shall be repealed or altered in the manner provided by the Act first afore- said ; Provided always, that the Bishop of the Diooese in and for which each of the said Corporations is constituted, shall be the President of such Cor- poration, and snail have full power to sanction and confirm any Constitu- tion, By-law, Rule or Regulation of such Corporation, or any Abrogation, Repeal, Chantre or Alteration of the same, in the manner provided oy the. fifth section of the Act first aforesaid ; any thing in the said section to the con- trary notwithstanding. Vll. And be it enacted, That, notwithstanding any omission in the Let- ters Patent erecting the present Dioceses of Quebec and Montreal respective- ly, the District of Saint Francis shall be and shall be held to have been includ- ed within the present Diocese of Quebeo, to all intents and purposes, as if it had been made part of the said Diocese by the said Letters Patent erecting the same. VIIL And be it enacted, That any gift, legacy, devise or bequest of pro- perty, or any right, title, interest, in or to any property, whicn before the time when the Letters Patent aforesaid took effect, was made to or vested ii\ the Bishop of Quebec, or in the Bishop of Montreal administering the Diocese of Quebec, shall be, and shall be held to have been from the time last aforesaid, made to or vested in the Bishop of Quebec as now constituted, who shall 1h! held to be the successor of such first mentioned Bishop ; and any Act, Ordinance or Law, Deed, Instrument or Writing made before the said time, and any Will, Testament or Codicil of any testator who died before the said time, in which the Diocese of Quebec, or the Bishop, of Montreal or Bishop administering the Diocese of Quebec, is mentioned or referred to or irttended, shall be construed and have effect from the said time, as if the Dio ? or Bishop therein intended, mentioned or referred to, were the Diocese oi Quebec as now constituted, or the Bishop of Quebec as now constituted, except where such construction would be contrary to justice or to the provisions of this Act, or of any other Act passed or to be passed dur- ing the present session of the Provincial Parliament, or to the Letters Patent aforesaid ; Provided that it shall always be lawful for the Bishop of the aforesaid Diocese of Quebec, to assign and convey to the Bishop of Montreal any property held by him in trust, if the said Bishop shall be of opinion that such trust can be better or more conveniently performed by the Bishop of Montreal ; any thing in the will, testament, deed or instrument, creating such trust, to the contrary notwithstanding. Provided that all such deeds of real estate (except leases for a term not exceeding nine years) shall be duly registered according to law within six calendar months after the mak- ing and execution thereof, otherwise the same shall be void and of none enect : and that such registration within the said term of six months shall not give any greater effect in other respects to any such deed than is by law given to the registration of any other deed of real estate in Lower Canada. IX. And be it enacted. That the Bishop of Quebec, and his successors, by the name of the Lord Bishop of Quebec, and the Bishop of Montreal and his successors, by the name of the Lord Bishop of Mo. treal, shall respectively be a Corporation sole, and shall be deemed to have been so from the time when the Letters Patent aforesaid took efiect, and sh^ll respectively have tnd shall be held to have hid, from the eaid time, ftiU power and aa« thority to rae and be aued, and to take and hold (with or without licenae or letters of mortmain) any real prepertv within this Province, and any personal property whatsoever, whether by devise, bequest, gift, grant or other title or conveyance whatsoever, and the same or any part thereof to alienate, unleu when held in trust for any special purpose in the instrument creatine which trust such alienation is forbidden, and other the powers vested by law in bodies corporate generally ; and the Bishop of Quebec, or the Bishop of Montreal, or Bishop admiiusterins the Diocese of Quebec, before the time when the said Letters Patent took effect, shall be held to have had Ml power and authority to sue and be sued, and to take and hold iwith or without license or letter of mortmain) any real propertjr within this Province, and any personal property whatsoever, whether by devise, beqoestf S'ft, grant or other title ot convevance whatsoever, and the same or any part ereof to alienate, unless when held in trust for any special purpose, in the instrument creating which trust such alienation is forbidden, and other the powers vested by law in bodies corporate generally ; and the Bishop of Quebec or the Bishop of Montreal, or Bishop administerine the Diocese of Quebec, before the time when the said Letters Patent took effect, sludl be held to have had Aill power and authority to sue and be sued, and take and hold (with or without license or letters of mortmain) any real property witih- in thu Province, and any personal property whatsoever, whether by devise, bequest, gift, grant or other title or convevance whatsoever, and the same or any part thereof to alienate, unless when neld in trust for any special purpose m the instrument creating which trust such alienation is forbidden : Provid- ed that the said Bishop of Montreal shall not have, hold, possess or enioy lands and tenements or real estate in virtue of this Act, for the uses and purposes of his said See exceeding Five Thousand Pounds in anrjal value at any time ; and shall at all times, when called upon so to do by the Governor of this Province, render an account in writing of such property held by him under this Act, and of the income derived therefrom, and the means by which the same has been acquired. X. And be it enacted. That nothing in this Act shall be construed to con- fer any spiritual or ecclesiastical rights or jurisdiction upon either of the said Bishops, or upon their successors, or other ecclesiastical person of the said Church. XI. And be it enacted, That except in so far ias it may be otherwise ordered by any Act, passed in the present session, the Act passed in the sixth year of Her Majesty's Reign, and intituled, Jln Act to make provisian for the management of the Temporalities of the United Church of England and Ireland in the Dvoeeae of Quebec, in thit Province, and for other pur- pom therein mentioned, and all the provisions and enactments thereof, shu'J apply and shall be held to have applied, from the time when the Letters Patent aforesaid took effect, to each of the Dioceses of Quebec and Montreal respectively, and to the Bishop of each of the said Dioceses, as fully and effectually as before' the said time they applied to the Diocese of Quebec as then constituted, and to the Bishop thereof; any thing in the nineteenth sec- tion, or in any other part of the said Act to the contrary notwithstanding ; and the words " The Bishop," or " The Bishop of the Diocese,'* in the said Act, shall be construed as meaning the Bishop of Quebec or the Bishop of Montreal, as the case may be. XII. And be it enacted. That whenever in this Act the Bishop of any Diocese is mentioned, the successors of such Bishop, and the Bishop admin- istering such Diocese, shall be held to be also intended and included. Xni. And be it enacted. That nothing herein contained shall be construed, to affect in any manner or way the rights of Her Majesty, Her Heirs or Successors, or of any person or persons, or of any body politic or corporate, such only excepted as are herein mentioned and provided for. XIY. And be it enacted. That this Act shall be a public Act. - ^. ' v^*!" ANNO SEPTIMO YICTORIiE REGINiE. CAP. LXVIII. An Act to Incorporate the Church Societies of the United Church of England and Ireland, in the Diooeiei of Quebee and ' Toronto. 9th Deoember, 1848.— Fraieotad for Her Mi^etty'i AMeoti and r w rred " for the •ignifieatioa of Her MtjeetT's pleamire thereoo." S8d Ifaj, 1844.— -Aiwoted br Her fmei^, in PriTV OoundL 87th June, 1844.— The Bonl Aiient ■ignlfled bj the Frodanution of Hia EseeUeney Sib Ckablm Tnoraiun MnoAura, GtoTemor OeoeiaL WHEREAS it has been represented' to the Legislatare of this Prorinee that certain persons hereinafter Bamed, and dirers others, inhabitaats of Lower Canada, and also eertab other persons hereinafter named, and divers others, inhabitants of Upper Canada, have respeotiyely establiahed theraseWes together under a Constitution, Rules and ECsgnlations, and have contributed, or engaged to oontribute, oonsiderable sums of money, and hate giTenorgranted,or promise to giTeor grant, lands or real estate for the follow- vok obje^ that is to say :— First, tor the encouragement and support of lUMonaries and Clergymen of the United Ohureh of England and Ireland, sererally within the Dioceses of Quebec and Toronto, ana for creating a fund towards the augmentation of the Stipends of poor Olergymen, and towards m^ing a proTision for those who may be incapacitated by age or infirmity, and for the Widows and Orphans of the Clergy of the aud Ohureh, remec- tiToly, in the said Dioceses ; Secondly, for the encouragement of Education and UM support of Day Sdiools and Sunday Schools in the said Dioceses, respectivefy, in conformity with the principles of the said Ohurdi; Thirdly, for granting assistance, where it may be aecesuury, to those who may be Sreparing for the Minis^ of the Gtospel in the said Ohureh within the said tiooeses, raspectirely ; I^)urthly, for droulating in the said Dioceses, res- pectirely, the Holy Scriptures, the Book of Common Prayer of the said Church, and such other Books and Tracts as shall be approyed by theseyeral Central Boards or Managing Committees of the said Associations ; Fifthly, for obtaining and granting aid towards the erection, and endowment and muntenance of Churches according to the establishment of the said Church in the said Dioceses, respectiyel^ the creation and maintenance of Parsonage Houses, the setthig apart of Burial Orounds and Ohnrch-Tards, the endowment and support of rarsonages and Rectories according to the eaid establishment, ana the mamttement of all matters relating to sudi en- dowments: And whereas it wouKl tend greatly to iSuilitate and promote the purposes of the sud Assodationa that they should seyerally be inoorpo- rated and empowered to hold "property in mortmain without Letters of license, and to manage, administer, alienate or dispose of the same, for the uses and purposes aforesaid, and to make and enforce rules and regulations, respectiyely, for the government of the said Associations, severally, and for better attaining the purposes aforesaid: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lraislatiye Council and of the Legislative Assembly of the Province of Ca- naa^ constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Oreat Britain and Ireland, intituled. An Aet to re-HniU tht Provineet of Upper rndLoum Canada, and far the Oo- imnnunt of Canada, and it is hereby raacted by the Authority of the ■une, thut the Lord Biahop of the Mid Dioeeee of Quebec, the Ion! Bithep of MoDtrekl, or the Bishop admioieteriiiff Uie eaid Dioceae for the time beloff, and WiUiatn Smith, Andrew W. Cowran, Henry Jeuop, Henry J. Noad, John Racey, Jamea H. Kerr, DaTid Burnet, W. H. Leayoran, Jdbn M. Fhuer, the Reverend 0. L. F. Haentel, George Hall, Jamee Bolton, the Her. Geoige Maokie, the Reverend Edward Oueaek, Robert Symet, the Reverend Edmund W. Sewell, William Price, Noah Freer, Edward Bowen, John O. Irrine, Uammoad Oowen, Sir Jamea Stuart, Baronet, Matthew Bell, William PhiUipa, Hennr LeMeauiier, Junior, Edward L. Montiiambert, TluMiiaa IVigse, Peter Patteraon, George B. Hall, Jamea TumbuU, William Steven- aon, Jamea B. Forayth, Alexander D.Bell, Jamea Dyke, William Bowes, R. M. Harriaon, H. 8. DaHdn, Edward Boxer, Archibald Oampbell, Oharles Secretan, Jamea McKeniie, E. P. Woolrieb, Geoige H. Parke, Samuel Me- Oanlay, Jamea J. Loundea, G. Newton, Ohiurlea Secretan, Thomas Glover, Robert Daikera, H. W. Weleh, and auch other peraoos aa are now Ifembera • of the aaid Aaaoeiation of the Dioeeae of Quebec, according to the exiating OonatituUon, Rulea and Regulationa thereof, and their auoceaaora to be elect- ed in the manner hereinafter provided, and auch other persons as shall from time to time hereafter be elected to be Membera of the aaid Aaaodation in the mumer hereinafter provided, ahall be and are berebr dedared to be a Body Corporate and Politic* in name and in deed, by we name of " Tbe Charon Society of the Diocese of Quebec," and that the Lord Biahop of To- raoto, the Venerable Otto. OkiU Stuart, Robt. Simpson Jameson, Letius Peter Sherwood, Jan^es B. Maoaulay, Jonas Jones, Christopher Aleacander Hacper- man, Peter Boyel De Blaqoiere, Williun Henry Draper, John Simeoe Ma- caniay, James Gordon, J<^ Boulton, John Solomon Cartwrigbt, D'Aroy Boulton, MaUon Burwell, John B. Askin, Th(»nas Mercer Jones, Frederiu Widder, William B. Jarvis, Henry Ruttan, Joseph Wells, Walter Boswell, Zacofaeus Bumham, T. A. Stewart, William Didnon, James Eerby, William Allan, George Crookshank, R. C. Wilkins, Philip Vankoughnet, Gerrard Lloyd, John Maoaulay, Sir Allan Napier MacNab, Guy C. Wood, George Salmon, Henry Sherwood, and such ouer persons as are now Members of tiia said Association of the Diocese of Toronto, aocordiDg to the existing Constitution, Rulea and Regulations thereof, and their successors, to be elect- ed in the manner hereinafter provided, and such other persons as shall from time to time hereafter Ini elected to be Members of the said Association in the manner hereinafter provided, shall be and are hereby declared to be a Body Corporate and Pwitio; m name and in deed, by the name of ** The Church Society of the Diocese'of Toronto," and that by the said names the said Associations shall have each perpetual Succession and a Common Seal, with power to chwge, alter, break, or make new the same, as often as they shall judge expedient, and that they and their successors by the same names, respectively, may sue and be sued, implead and be impleaded, answer and be answered unto, in any Court of Record, or other place of Ju- dicature within this Province ; and that they and their successors, by the names aforesaid, shall be able and capable inlaw, respectively, to purchase, take, have, hoH receive, enjoy, possess and retain, withont license, in mort- main or Letters cPAtnortiuenuiU, all messuages, lands, tenements, and im- lAoveable property, money, goods, chattels, and moveable property, which have been or hereafter shall be paid, given, granted, purchased, appropriat- ed, devised or bequeathed in any manner or way whatsoever, to, for, and in favor of the said Church Societies, respectively, to and for the uses and pur- poses aforesud or any of them, and do^ perform and execute all and every fawfiil act and thing useful and necessary fur the purposes aforesaid, in as fall and am^e a manner, to all intents, constructions and purposes as any other Body Politic or Corporate by law may or ought to da II. And be it enacted, That all lands, messuages, tenements, heredita- ments, or immoveable property, and all rents, sum and sums of money. ohiuvod upon md ianuing or payable out of any luidi, mMMoagM, teMmmta, heredltMoenta, or immoT«abU property, m aloreMid, and allnnniof mooey, goods, chattels, effecte, or moreable property, which hare been or aholl het«- after be paid, giTen, granted, parchaaed , appropriated, devised, or beqaeatb- ed in any manner or way whaUoeTer, to, for, or in fiiTor of the nid Oorpona- tiom, respeotiTely, to and for the niee and purpoaea aforeeaid, iball ba and the lame are hereby Tested in the said Oorpoimtions, reapeotively, to and for the uses and purposes aftnvsaid, in such manner and form, and subjaet to such by-laws, rules and regulations, aa may be made and passed by tbe said Corporations, respectively, concerning the same, in the manner hereinafter provided : And tnat the said Oorporatioos or the Oentral Boards thereof, or auch oUior Executive and Managing Committees thereof aa shall firom time to time be appointed and authorised for this purpose by the by-lawa, mlea and regulations, which may be made and passed in the manner hereinafter mentioned, for tbe government of the said Corporations, shall, respectively, hare power and authority to alienate or exchange, and to demise, let and lease for any term of years, such messnages, lands, tenements, heredita- ments and immoveable property as shall be so as aforesaid given, granted purchased, appropriated, devised or bequeathed to the said Corporation, respectively, ror all or any of the porpfiees aforeeaid, and to have, receive, and take the purchase money, consideraticm or price, rents, issues or profits thereof: Provided al^ ys, that the said Coi^wrations or Central Boards thereof, or such other j^xecntive or Maoagincr Committees, aa aforesaid, shall, respectively, have, receive, take and hold sw» pnrebase money, oensideratioD, or price, rents, issues or praflte, for the naea and uirpaMs hereinbefore men- tioned and set forth, or some or one of them, and ror none other. III. And be it enacted. That the said Corporations, and their snoeeaaorB, shall and may respectively, from time to time, hold assemblies and meetinga of the said Corporations, which shall be called together in anch manner and at such times and places as shall be directed ana amwinted by the by-laws, rules and regulations of the same, to transact the Dusinese of the said Cor- K (rations, and shall and may at any such meeting elect such persons to be embers of the said Corporations respectively, aa they or the major part of them then present shall think fit : Provided aTways, that no act done in any such aesembly or meeting of the said Corporations shall be valid or eflectuat unless six persons of such CorpMntttions, at the least, shall be present, and the major part of them consenting thereto. IV. And be it enacted. That uie said Corporatiomi. or the major part of those who shall be present at anv of the meetings of the said Corporations to be held in manner aforesaid, shaU and may, respectively, make and ordain any constitution, by-laws, rules and regulations, whatsoever, whidi to them or the major part of them then present, not bein{[ fewer m number than six, as aforesaid, shall seem meet, reasonable or requisite, tonohing and oonceroing the well ordering and governing of the aJSBEiira and business of the said Corpo- rations and the due administering and improving the property thereof and the more effectually promoting the pin^poaos Uiereofl as aforesaid, and such con- stitution, by-laws, rules and regulations in like manner from time to time to abrogate, repeal, change or alter as may be found expedient, whidi coosti- tntion, l^-laws, rules and reg^tions, shall be binding upon and slttU be ob- aerved, pierformed and kept by the Members of the said Corporations, rea- pMtively : Provided always, that the same shall not be repugnant or oon- trary to the aforesaid purposes of sudi Corporations, or to the laws in force in this Province. y. Provided always nevertheless, and be it enacted, That no snch oonsti- tntion, by-law, rule or regulation, of either of the said Church Societies of the Dioceses of Quebec and Toronto, nor any abrogatitm, repeal, change or alte- ration of the same, shall be of any force or effect until it shall have been sanctioned and confirmed hv the Bishop of or administering such Diocese for tbe time being, by Writuig under Hu Hand. V 10 YL And be it enacted. That nothing herein cootained ahall affisct or be eoiurtrued to affect in any manner ot way the rights of Her Majesty, Her Heirs or Successors, w of any person or persons, or of any Body Politic ot Corporate, such only excepted as are hereinbefore mentioned and provided fa r. Vn And be it enacted, That this Act shall be deemed a Public Act, and ■hall be judicially taken notice of as such by all Judges, Justices of the Peace, and other persons whatsoeyer, without oeing specially pleaded. - >^ > ANNO QUARTO-DECIMO ET QUINTO-DECIMO VICTORIiE R EG I N M {fr'r .-" ■ \ CAP. teLXXVI. An Act to make provision for the management of the Temporali- ties of the United Church of England &nd Ireland in the Dio- cese of Montreal, ai^d for other purposes therein mentioned. Reserved for the signification of Her Majest3r's pleasure, 30th August, 1851. The Royal Assent given bv Her Majesty in Council, on the 16th Oct, 1852; after the Act nad been more than thir^ days previously laid before both Houses of the Imperial Parliament; and Proclama- y' tion made thereof by His Excbllenct James, Earl or Eioik yy^ AND EiNCARDiNK, in the Canada Gazette of ihe 18th December. 1852. WHEREAS b^ an Act of the ParUament of this Province, made and pas- sed in the sixth year of Her Majesty's Reign, intituled, jln Act to make mrovmon for the management of the Temporalitiet of the United Church of England and Ireland in the Diocese of Quebec, in this Province, and for other purposes therein mentioned, provision was made by law for the mtemal management, by the members of the said Church, in the said Diocese of Quebec, of the Temporalities thereof, and for allowing the en- dowment thereof; And whereas by Letters Patent, under the Great Seal of the United Kingdom -of Great Britain and Ireland, bearing date the eigh- teenth day of July, one thousand eight hundred and fifty, so much of the said Diocese of Quebec as constitutes the District of Montreal in Lower Canada aforesaid, was, and is erected into a separate See or Diocese under the nanie or style of the Bishoprick or Diocese; of Montreal ; And whereas it is in consequence desired, on behalf of the United Church of England and Ireland, in the said Diocese of Montreal, that separate provision should be made by law for the internal management hy the members of the said Church in the said Diocese of Montreal, of the Temporalities thereof, and also for allow- ing the endowment thereof, and it is just and expedient that such provision should be made : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of ue Legislative Assembly of the Province of Canada, constituted and as- sembled by virtue of and under the authority of an Act passed in the Parlia- ment of the United Kingdom of Great Britain and Ireland, and intituled, Jln Act to re-unite the Provinces of Upper and Lower Canada, and for the Govern' ment of Canada, and it is hereby enacted by the authori^ of the same, That / \ J n 11 from and after the paaain; of thia Act, tiie soil and freehold of all ChurchM and Chapels of the communion of the said United Church of England and Ire- land, now erected or hereafter to be erected in the said Diocese of Montreal, and of the church-yards and burying grounds attached or belonging thereto respectively, shall be in the Parson or other Incumbent thereof for the time being, and the Churchwaidens to be appointed as hereinafter is mentioned, by whatever title the same may now be held, whether vested in Tnisteet for the use of the said United Church, or whether tli^ legal estate remains in the Crown by reason of no Patent having being issued, though set apart for the i^urposes of mich Church or Chapel, Church-yard or Burying Uround: Provided always, that nothing in this section contained shall extend to affect the tenure of any Parsonage or Rectory now established by Letters Patent, or of any Proprietary Church or Chapel. n. And be it enacted. That all pew-holders in such Churches or Chapels, whether holding the same by purchase or lease, and all persons holding sit- tings therein 1^ the same being let to them before the passing of this Act by the Churchwardens, or after the passingof this Act by the Corporation of such Church or Chapel, and holding a Certificate from such Corporation of such sitting, shall form a Vestry for the purposes in this Act mentioned and declared : Provided that no suohjiew-b^dersor persons holdinf sittint^^u^ be entitled to vote i^^am^^e^glbTsmn'TM OMaiMr, jpa]^Te~rn respect or8iuE~pews or'siiltiqgirbe paid'ui ftilL " In. And be if ^n&cted; TEaVa meefifig «f AU!h Telffy shall be holden on Monday in Easter week, in each and every year, after due notice thereof given during Divine Service on the morning of Easter Sunday, for the pur- pose of appointing Churchwardens for the ensuing year, and that at such meeting one Churchwarden, shall be nominated by the Incumbent of the said Church or Chapel, add the other shall be elected by a majority of those present and entitled to vote at such Vestry meeting as aforesaid : Provided nevertheless, that in case of i»uch Incumbent declining or neglecting to nomi- nate a Churchwarden, then Voth of tb^said Churchwardens shall, for the current year, be elected in *he manner aforesaid ; and in case the members of such Vestry shall neglect to elect a Churchwarden, then both of such Churchwardens shall, for the current year, be nominated by the Incumbent : Provided always, that if, from any cause, a Vestry meeting shall not take place at the time aforesaid, such appointment of Churchwardens may take place at any subsequent Vestry meeting to be called in the manner herein- after provided; and in case of the deaUi, resignation, refusal to act, or change of residence to ten miles or more from any such Church or Chapel of either of the said Churchwardens, a Vestry meeting shall be thereupon called for the election of a new Churchwarden by the said Vestry, or for the nomi- nation of a new Churchwarden by the Incumbent, as the case may require. IV. And be it enacted, That no person shall be eligible to the office of Churchwarden, except members of the said United Church of the full age of twenty-one years, and who shall also be members of such Vestry. V. And be it enacted. That such Churchwardens shall hold their office for one year from the time of their appointment, or until the election of their successors, except in case of an appointment or nomination to fill up any vacancy occasioned by death, resignation, refusal to act or change of resi- dence as aforesaid, and in such case the person so appointed or nominated, shall hold the said office until the next annual election, or until the election of a successor. yi. And be it enacted, That such Churchwardens so to be elected and ap- pointed, as aforesaid, shall, during their term of office, together with the In- cumbent, be a Corporation, under the name or style of « The Incumbent and the Churchwardens of " Church (^or Chapel, as the case nuir " be), of the Parish of or of (naming the place at the eate may 6«,) in the Diocese of Montreal," to represent the interests of such Church or Chapel and of the members thereof, and shall and may sue and be suad| answer and be answered unto, in all maiihef of suiti aiid actions whatsoever, \ \ If / and more jKUrticuIarl;^ shall and may sue for, recover and receiv.v U arrean criminal procc^ings, for and in respect of such Churches, Chapels and Church-yards, and all matters and things appertaining thereto, and shall and may make and execute faculties or conveyances, or other proper assur- ances in the law, to all pew-holders holding their pews by purchase, or lease to those holding the same by lease, and shall and may grant certificate! to those who shall have rented sittineo, such conveyances. Teases and certi- ficates to be given within a reasonabw time after demand made, and at the charges of the person applying for the same ; and, further, it shall be the duty of such Corporation, from time to time, to sell, lease and rent pews and sittings, upon such ternos as may be settled and appointed at Vestry meetinp to be holden for that purpose, as hereinafter provided : Provided always, that any such sale, lease or renting, shall be subject to su^h rent charge, or other rent as may from time to Ume be rated and assessed in re- spect thereof at such Vestry meeting. VII. And be it enacted. That in case of the absolute purchase of any pew in any such Church or Chapel as aforesaid, the same snail be construed as a freehold of inheritance, not 8ut(}i)ct to forfeiture by change of residence, or by discontinuing to frequent the same, and the same may be bargained, sold and assigned to any purchaser thereof, being a member ot the Church of England and Ireland, and such purchaser, provided the same be duly as- signed and conveyed to him, shall hold the same with the same rights, and subject to the same duties and charges as the original purchaser thereof: Provided that if by reason df such change of residence, or by discontinuins to frequent such Church or Chapel, any pew shall not be occupied by such pew-holder, by himself or family, or by some other person under nis au- thority, the Corporation ^hall have the power to lease the said pew from J ear to year, in such manner and sulnect to such conditie",'*iS3 If "sKiill be his and" {Kwir" ' duty so to do upon application being made for that purpose in writing, by Biz at least of the members of such v estry as aforesaid] and in case, upon ¥uch Imlten applicii^ such Incumbent and Churchwardens i^U refuse to call such meetine, then, one week after such demand made, it shall be in the power of any six of such members of the Vestry to call the same by notice, to be affixed on the outer door or doora (where more than one) of such Church or Chapel, at least one week pre- yious to such intended meeting. XL And be it enacted. That at all Vestry meetings, the Incumbent of the • Church or Chapel shall preside as Ch&man when present; and, in his ab- sence, such one of the Churchwardens as shall be present, and if both the Churchwardens be present, then such one of them or such person as the ma- jority present at such meeting shall name; and the Vestry Clerk, when there is one and present, or in case there be no Vestry Clerk, or he be ab- sent, then such person as the Chairman shall name, shall be the Secretary of such Vestry meeting, and the minutes of the proceedings of each Vestry meetings shall be entered in a book to be kept tor that purpose, and shaU be signed by such Incumbent, Churchwarden, or other person presidinf aa Chairman, and countersigned by such Y«stry Clerk or Secretary, and Stall be preserved in the cnstMy of the Coi^oration of the said Churdi or Chapel ; and such minutes so entered, signed and countersigned, or a copy thereof duly certified by sudi Incumbent, and countersigned by such Vestry Clerk, ehall be primd facie evidence of the matters and things therein set forth, tad that such meetings were regularly and legally held under tiie requira- ments of this Act, without proof of the signature of such Incumbent and Vestry Clerk being required to be made. XII. And be it enacted, That the rtot chaive to be pud upon pews hol- den in freehold, and the rent to be paid for the pews and Sittb^ in pews, leased or rented, shall be regulated from time to time b^ the majority of those present at' stich Vastly meeting as aforesaid: Provided neverttielefla, that no alterations shall be made therein except at Vestry meetings adled for sudi special purpose, and so expressed in the notice calling the same ; and further, that the chafes to be made in respect of such conveyances, leases and certificates, ^hul, in like uuner, be regulated at such vestly meetings as aforesaid. XIII. And be it enacted, That the Cl6t1c of the Church or Ohapel, the Organist, the Vestiy Cl^rk, the Sexton, and other subordinate servants of the Church or Chapel, diall bef noininot^d and appointed by tiie Oorporatidn of such Church or Ohapel, and that their salary and wages sMtll be brought into the general account, to be rendered as aforesaid by snch (ittnvhv^ardeni. XIV. And be it enacted. That the fees on marriages, registration of bap- tisms, and for other services of the Chiffch of the likenature, and the chargaa payable on breaking the ground in the cemeteries or church-yards ai^ m the said Churches or Chapels for burying the dead, shall be regulated by the Bishop of the Diocese, or such person aa he may appoint as Ordinary. XV. And be it enacted. That all meetings of the said (Corporation, any two members thereof shall be a quortim for &e traaBaction of busineBBt batno ~> •N \ H IwwinMi dMll be (nuuaeted, eieepk at a meatiog duly oooTMMd bj Um Itt* enmbent, or othenriM aa herainbefoM proridad. XVI. And be it enaeted, That it diaU be in the power of the memben of audi Veetriea, by the wmjatity of thoae preaeot at anj meetinge as afcra- aaid, to make Bv-Uwi fix the reffnlation of their prooeedioge and the management of the Tempocalitiea r FUf Inalc ** the gradual conversion of those Tenures into the Tenore of fine and eom- " mon Boocage, and for other pmposes relating to the said Province," eo for aathejprovisionsof the same have reforence to lands sitoated within the said Diocese of Montreal, and all dotiea, powers and aothoritv relating to natters withinthe said Diocese of Montrwd conferred npon uie Bshop tii Qaebeo by any other Act ot Acts.orby any authority ^i^tever, and all or any office or offices within the saicTpbioeseof MbntrMl conferred npon the Biuop of Quebec and his sucoesBora in office, in his and their official capaci- ties^ Irr an Act or Acts, charter or diarters, or by anr authority whatever, shall devolve upon, and be exercised and held oy tne Bishop of Montreal and his successors inoffiee ; and all acts done and performed by the Bishop of Montreal or his sncoessftfs in office, in the perfbnnance of such duties, in the easreiBeof such power and authority, w in the performance of the duties of such office or offices, shall be valid and eflbctualin as full and ample a manner as if he were Bishop of Quebec aforesud. XVin. And be it enacted, IImI any deed or convmnce of land, or of personalty, that may be made to ai^^Hshop of the said Ohnrch, in the said Diocese of Mcmtreal, and to his s u ccess om ^ kht the endowmmt of his See^ or forthe|(eneralu8e8of the said Ohordi, as such Wshop may q>point, or oilMrwise,orfortheufleofany particular Church or Ohapel thai erected, or thereafter to be erected, or fi» the endowment of a parsonage or living, or fat other uses or purposes appnrtcaint to such United Churdi in genenu, or to any particular Church, Qiapel, orparish to be named in such deed, and imy sucn deed or conveyance to any nrson or other Incumbent and his snc- eeasors, for the endowment of sudi parsonage, rectory at living, or for other uses or purposes appurtenant theret^ shall oe ifS&A and effectual to the uses and purpoees in sucn deed or cobvejance to be mentioned and set forth, the Acts f England and Ireland, itshall and may be lawfbl fi» him or them to do so up ahall not have^ hrfd, pow e M or enjoy, landa and tenements or realeetat||nn virtoe of tUa Act, finr the nagM and porpoaea of hia aaid See, ezoeeding'ive Thonaand Foanda in annual value at any time ; and ahall at all titnea, when called upon ao to do by the Governor of this linvince, render an account in writing cf auch pnnierty held by him under thia Act, and of the income derived therefrom, ana the meana by which the aame baa been acquired. XXI. And be it enactc(d. That the Biahop of theaaid Church, m the aaid Diooeae, for the time bdng, ahall have the administration of all hmda and personalties veated in him or hia j««deoeaaora in office, or conveyed to him or them tat the endowment of hia Bee^ a^fat the genwal uaes of the said Church, or for the use pf any particular Aurdi or Chapel then erected or thereafter to be erected, or for the endowment of anv Parsonage, Ohnroh, Chapel, or living, or for other uses ot pnrposM appurtenant to such United Chinch in genenu, or to any particular Church or Parish, and shall have power to sell, alien and tnmsfer any lands or personalty veated in, or con- veyed to him as aforesaid for thegcowatMM or purposes of the said See or of the said Church, and shall also have power, by and with the consent and partidpation of the Incumboit and Corporation of the Parish wherein the same may be situate, to sell, aUen and transfer any land or personalty vested in or oonv^ed to him as afor^^d, for the endowment of any Parsonage or liviog.or for uses orpurposes appurtenant to any particular Chnrdi, Chapel or Parish ; and the Parson m other looumbent of any Parsonage, Chui^ Chapel or living, to wh fer be appued to tiie uses and purposes for whidi the land or personalty ao sold, aliened or transferred was conveyed : And provided also, that swdi sale, alienation or transfer be not inconastent with, or contrary to the condi- tions of the deed of conveyance to the said United Church, or to any Bishop thereof or to such Paraon or Incumbent, m the case may be^of the land or personalty so to be sold, aliened or traiwferred. XXII. And be it enacted. That nothing in this Act contained dudl eztood or be construed to extend in any manner to confer any spiritual jurisdiction or ecclesiastical righta whatsoever, upon any Bishop or Bishops, ot other ecclesiastical perscn of the said Churdh, in the said Diocese of McptreaL XXnL And \riier«M it ia expedient to make proviaion tat tho Section o OhnrdnnurdflnB by ih« « ki which the pewa and tan enieted. That wbane^ in Ohnreh in anj DioccM in thb Mpointed for the fint timel tfcie ail Hm purpoaei of either of Iha reqai^e, be held to be oompdiad, Enter Week next after the •ooh peraoDS beinff members < , bntea to the erection or endof peraoDB, being membera of the i or Ohapeb mfwlj aradad. ■aid Bor laaaad ; Be it thai»> ar OhuMl of the aaid XJoitad iGhwehwanuna are rtquired to'bi i«f «Mh Ofawthior Ohapel diall. tot bor of tUK..Aot» aa tl^ eaf|B nqr tkne oiil|n{aiia\mtil^e Mtdiit^jia of aadLfiitt Ghordxiravdani, cf [^ Ui^ dliidi aa ahallbare eiplri- andiOhdrai orChapel i and t|»iatt tad Ohardi, iMiiiafe aaiitril;iSad» or hereafter contribnte iuaiif n||uer orivikj, to tfw creation ot^eadow- meot of any Chnrob or Cfaapei of MMiid IToitad Gbarch JajarPlnraia in ihis ProTinee in which the pewa a||i«jtttofB ahaU U fraa iiiH.jifiithir wU nor leaMd, shall at all times fcnyiiTeMT of aMh Cawreh ar Chapd fbr the purpojMs of this Aot or of thai||it ftM above iraaited Aala, aa the ;caaa may require: PniTided alwayi, 1lipMA[ and OTaiy contribotor, toward* the Ijayment ooany debt incarred tat^ jwatioii or oompletion of any sofihlltaa >ifr«ontribator to the oaetioii theieof. and after the passiag of tfaia Act^ Bsaid. in the sixth year of Her Ma- lM«a aadeftet wliaterer, in reaped) of ' axeept as to an existing ecwpomtieoa not Deenipassed. and as to aots here- tofore lawfully entered into^ under ll »T ioAr X0VXU., Armaneijac Mkda tuUilMii t^ ■•■ id m . NT W in U i- n r r- d 10 1^ I- >f M I- nr d I; I- ir ■ 11