IMAGE EVALUATION TEST TARGET (MT-3) 1.0 :;-«« IM I.I 1.25 IM |||||2_'>_ 1^ 12.0 1.4 1= 1.6 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. I4S80 (716) 872-4503 ^ V \\ ^s^ ^^ o^ ^^ # A- CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microieproductions historiques The copy filmed here has been reproduced thanks to the generosity of: Library of the Public Archives of Canada L'exemplaire filmA fut reproduit grAce h la gAnirositA de: La bibliothdque des Archives publiques du Canada The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. 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The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre film such invest- ment of the proceeds thereof as to Ihe said Legislature might seem meet, subject to the proviso, that it should not bo lawful for the said Legislature of the Province of Canada, by any Act or Acts thereof as aforesaid, to annul, suspend or reduce any of the annual Stipends which had, previously thereto, been already assigned and given to the clergy of the Churches of England and Scotland, or to any other religious bodies or denominations of Christians in Canada (to which the faith of the Crown was pledged) during the lives or incumbencies of the parties then -JO receiving the same, or to appropriate or apply to any other purpose, any part of the said proceeds, investments, interests, dividends, rents and piolits that might be required for the jwyment of the stipends and allowances due or accruing to the Ministers and Missionaries of the said churches of England and Scotland during their lives or incuml)encies. That the Imperial Acts, to wit, the Ads of the Parliament of Great Britain and of the United Kingdom of (Jreat ISritain and Ireland hereinbefore referred to. the whole of which are herein invoked, are specifically referred to in the Act passed by the heretolore Provin. " '"f I (Ti'ssaiy cxpi'iisfs attoiuliiin llio sales nl tin- suitl C'lcrijy Itoscrvcs, aiul luaiiauii )i till' Biuiit' and tlio saiil l-'iiiuls, th<> money lovninm llie said l''nn(l?', or lliat had |ire\ iounly arisen I lierel'ioni, should he paid inlt> the hands ol'tlie If 'oeiver (leneral ol' the heietol'ore Province ol Caiuida, to l»o by him ai>j)liod aceoiding to Iho purposeM of the said hist mentioned Act. That Ity virtxie ol' tlie said hist mentioned Act, the annual stipend and aiiowaine which had been, hei'oie the passing ol' the Aet of railiament of the I'nited Kinu'dom, in the sixteenth year ol' Her Majesty's reiijn, assieiied or i^iveii to the clor<>y ol' the Churches of luiyland and ol' Seotiand, or to any other relii'ioiis bodies or denominations in either se(!tion ol' the I'rovinre, and cliarneablo 1*^ under the said Act of Parliament on the Ch'riiv U'eservesin such section (and to which the I'aith of tile eiown was i)Ied^'ed) should, durinjf the natural lives or iiKumbenrips of the jiartios, (to wit, the Ministers and Missionaries ol" the said ehurchcK and reliyious denominations receivinji' the same at the time ol' the pass- ing ol' the said Act, to wit, the imperial Act 1(! Vict.) be a lirst charge on the Municipalities' I'und lor that section ol' the rroviiice, and sliould be paid out of the same in prel'erence to all otiier charees or expenses whatever. That by the Ad ol the late Province ol' Canada (IH Vic: Cap. 2) it was enact- ed that the (Jovt>rnor ol' the .said I'ioviiice ol' Canada miiiht, whenever he mitiht deem it expedient, with the con.sont ol the parties and bodies severally interested, -0 commute with the said parlies such annual stipends or allowaiu'cs lor the value thereol', to be calculated at the rate ol' six per centum ])er annum upon the l)robable lil'e ol' each individual, and that such commutation amount should be paid accordini^ly out ol' that Muiiicii)alities" l''und, iii)on which such stipend or allowance was made chariivable by the said last mentioneti Act. That under and by virtue ol' the said last mentioned Act, each of the Ministers and Missionaries ol' the Presbyterian Church ol' Canada in connection with the Church ol', Scot land, then receivins>- l)enelils within the said Province of Caiuvda I'rom the .said Clergy Reserves, or I'rom the proceeds thereol', or I'rom the Municii)alities" Funds within the respective sections of the said Province of Canada. 30 was entitled to receive a sum of money as commutation lor tlie vahu' of the an- nual stijiend or allowance payable to him therefrom, and for the interest which h<' had iiulividually, and as a member of the Presbyterian Church of Canada, in connection with the Church ol iScotland, in the said Clergy Reserves and in the said Municipalities' Fund, arising therefrom. That the Synod of the Presbyterian Church of Cana(bi, in connection with the Church of Scotland, was duly summoned for the purpose of taking such slops as might be necessary to enal)l(^ the said Synod and ihe members thereof to take advantage of the commutation clauses in the said A-, Iluj-h Mr.Dc John Mr. T T to liini (■nliir I I 1 poiiit('( tho Bil liiture, lor the commv pi'itlul think r \(TS AMI TU( K'KKItlVdS UK rilK .Syuoil ol'thi' rn-Hbyli'iiiiii ( hiirch of Ciiiiailii, iii roiiiioilioii witli Ihf ('hurdi ol Scotliiiitl, Im'^iui uI Moiiti'i'iil th(> tiMith >' ol the Synod ; also u copy ol' his lir- eular calling the present meetinu'. The same were read, as I'ollows : — (iUKHEC, nth Dec, isr)4 Keverend and Dear Sir, "iO I beg- to intimate to you that it is the opinioi\ ol' the Committee ol" Synod, ap- pointed to watch the pro<>Tess oi Jjeyislation in respect oi' theClersry Reserves, that the Bill introduced by Uovernment, having now passt^d both Houses ol'the Legis- lature, it is desirable that a meeting ot Synod should be called as early a.s possible lor the purpose of taking siuh steps as may be necessary to take advantage ol" the commutation clause in said Bill, and in name ol' the Committee I beg very res- pectfully to request that yon will call such meeting at the time and ])luce you think most convenient. I am, Keverend and Dear Sir, Your faithful servant, 40 JOHN COOK. I ir UK res bk th( cia wi soc i'en <'as( on t this OVlM ,U'ivo izati (lOV (ieiii tlie { snlai' the s with iiiittt ill ai con si thi' ( ft> t'al nuiko h^llii't 1 ision, 6 Vl'o. tho undersignod, hereby concur in the necessity of calling a special rnoel- ing of Synod at (he earliest period the forms of the Church will admit. ALEX. MATHIESON, ROBERT McGILL, The Heverend, The Moderator of the Synod of the Presl)yterian Church of Canada, in connection with the Church of Scotland. KiNosTON, 20th December, 1854. Reverend and Dear Sir, — 10 In compliaiice with a request addressed to me by the Convener and other members of the Committee appointed to watch over the progress of legislation in respect '.o the Clergy Reserves, to call a special meeting of Synod as early as possi- ble for the purposes of taking such steps as may be necessary to take advantage of the Commutation clause in the Ait which has lately been passed by the Provin- cial Parliament, I have now to intimate to yoix that a Special Meeting of Synod will be held in St. Andrew's Church, Montreal, on 10th January, 1855, being the second '^Vedne^;day of the month, at half-past six p m. 1 iuu. Reverend aiul Dear Sir, Yours faithfully, 20 JAMES WILLIAMSON, Moderator. PS.— It has been thought by several of my brethren, with whom I have con- ferred on the six})ject, and I concur in the opinion, that in the circumstances of the case. Montreal is, on the whole, the most suitable place for the meeting of Synod on this occasion. The Synod unanimously agreed to apjirove the Moderator's conduct in calling tlii.s meeting. The Synod then called for the report of the Committee appointed to watch over the interests of the Church in regard to the Clergy Ri'serves, which was given in and read by Dr. Cook, the Convener, stating that the Rill for the Secular- ^*^ ization of the Clergy Reserves, which had been introdU( ed into Parliament by the Ciovernnient, had been carried in both Houses, and assented to l)y the Governor- General : — that it contained a clause securing to all ministers settled previous to the 9th May. 1853, the date of the passage of the Imperial Act, payment of their siilaries i'loni the Cleruy Reserve Fund during their lives or incumbejicies, and at ihe same time authorizing the Government to commute the claims of incumbents, with ihi' 1 onsent of the parties and bodies severally interested, and that the Com- mittee, for reasons which they stated, had not considered it expedient to interfere in any way with the passing of the said Bill, but, feeling assured from many considerations that it would be for the l)enefit of the Church to take advantage of 40 the Commutation clause of the Act, the Committee had requested the Moderator to call a in-o re iinia met>ting of Synod to take the matter into consideration, and make the neces.sary arrangements ; and the Committee further, and at great length, recommended that the Synod sho\ild agree to commutation. The Synod approved of the conduct of the Committee, and after some discus- sion, aureed to defer the further consideration of the report until to-morrow, and 1 :|«s' ''m' ■■;'/ * ■ BT' - ■^''. I :f ,|;; i|, - .. !< i /,<■.:; f J I instnvted tho nforepaid Committeo to tlnif't resolutions to be then laid before the Svncd for their consideration as to their action in the matter. The Synod agreed to spend a portion of time in the morning in devotional exercises. The Synod then adjourned, to meet again at half-past eleven o'clock to-mor- row ibrenoon, and was closed with prayer. Diet II. At Montreal, and within St. Andrew's Church there ; Thursday, the eleventh day of January, one thousand eight 19 hundred and Hfty-fiA'e years : — The which day, the Synod of the Presbyterian Church of Canada, in connec- tion with the Church of Scotland, met, according to adjournment, and was con- stituted with prayer. On the call of the Moderator, the Rev. Dr. Cook condiicted the devotional exercises of the Synod in ]iraise, reading the scriptures, and prayer. The minutes of yesterday were read and approved. The clerk stated to the Synod, that he had received, a considerable time ago, u letter from the Inspector General's Department of the Government, requestinir him to make a return, to be laid before Parliament, of all persons connected with 20 this Church, "who at the date of the passing of the Act of the Imperial Parliament to make provision concerning the Clersry Reserves of this Province, viz : 9th May, 1HJ3, were receiving any income or allowance from such portion of the proceeds of the Clergy Reserves as had been granted to the Synod of the Presbyterian Church of Canada, in connection w ith the Church of Scotland, specifying the names and ages of such persons, the annual amounts of their allowance, and through whom it is i)aid ;" and that he had immediately issued a circular to the several l)aities, requesting a statement of their ages, to be returned to him, — Mr. Allan, of Montreal, having kindly oll'ered to furnish him with some other items ; — but that he had been as yet unable to make the required retiirn, in consequence of a con- ?>0 siderable number of the ministers having neclected to make returns to him- although written to a second timt^ on the subject; and that he had also, at the suggestion of some of the Clergy Reserve Commissioners, written to all of the l)arties whose names were on the Roll for salaries. The Synod, while approvinc" of the conduct of the clerk, directed him to use all diligence in procuring as soon as possible, the whole of the required information, and in transmitting to the (lovernment the list of incumbents up to 0th May, 1853, to furnish, at the same time, the names of those .^nce put upon the roll as having, in the estimation of the Synod, claims upon the Fund. The Committee, appointed yesterday to arrange measures for the considera- 40 tion of the Synod, rejwrted certain resolutions which the Synod proceeded to diacuss at length. The Synod, having heard the report of the committee appointed by the Synod to watch over the interests of the Church, in as far as these misht ho afl'ected by the action of the Legislature on the Clergy Reserves, and, also, the verbal reports of such members of the committee as had been in eommuniciition with ^■"^'■;i 8 membovs of tho Govcnimoiit on tho subject, — and, having seriously and maturely considered that rlauso of the Clergy Reserves Act, lately i)assed by the Provincial Parliament at its present session, by which His Excellency thr' Governor in Council is authorised, with the consent of the parties interested, to commute the salaries or allowances of ministers chargeable for life or during their incumben- cies on the Clergy Reserves Fund, for their value in money, — Resolved, " 1st. That it is desirable that such (Commutation, if upon fair and liberal " terms, should be effected ; and that the Rev. Alex. Mathieson, D.D., of Mon- "treal, the Rev. John Cook, D.D., of Quebec, Hugh Allan, Esq., of Montreal, John " Thompson, Esq., of Quebec, and the Hon. Thomas McKay, of Ottawa City, be the l'^ " Synod's Commissioners, with full power to give the formal sanction of the Synod " tosuch commutation as they shall approve, the said Commissioners being hereby " instrvicted to use their best exertions to obtain as liberal terms as possible; the " Rev. Dr. Cook to be Convener ; three to be a quorum ; the decision of the majority '■ to be final, and their formal acts valid ; but that such formal sanction of the Synod •' shall not be given excei>t in the case of Ministers who have also individually given " them, the said Commissioners, power and authority lo act for them in the matter ■ to grant acquittance to the Government for their claims to salary to which the faith '• of the Crown is pledged ; and to join all sums so obtained into one Fund, which •' shall be held by them till the next meeting of Synod, by which all further regu-" ' lations shall be made; the following, however, to be a fundamental principle- " which it shall not be comi)etent for the Synod at any time to alter, unless with, " the consent of the Ministers granting such power and authority; that the in- " terest of the fund shall be devoted, in the first instance, to the payment of Jtil2 " lOs. each, and that the next claim to be settled, if the Fund shall admit, and as '• soon as it shall admit of it, to the .£112, 10s., be that of the Ministers now on tho " Synod's Roll, and who have been put on the Synod's Roll since the 9th May. "185.'j; and, also, that it shall be considered u fundamental principle, that all "persons who have a claim to such benefits, shall be Ministers of the Presbyterian "Church of Canada, in connection with the Church of Scotland, and that they 80 " shall cease to have any claim on, or be entitled to any share of said commuta" " tion Fund whenever thev shall cease to be Ministers in connection with the said '' Chunh. "2nd. That so soon as said commutation shall have been decided upon, and " agreed to by the said Commissioners, the Rev. John Cook, D.D., of Qu.bec, shall "be fully empowered and authorised, and this Synod hereby delegat*^ to the said " Rev. Dr. John Cook full power and authority to endorse and assent to the several " Powers of Attorney Irom the individual i)arties on behalf of the said Synod, and " in their name, and as their Act and Deed, as evidencing their assent thereto. " 3rd. That all Ministers be, and they are hereby enjoined and entreated, (as to 40 " a measure by which, under Providence, not only their own present interests will " be secured, but a permanent endowment for the maintenance and extension of " religious ordinances in the Church) to grant such authoiity in the fullest manner, " thankful to Almighty God that a way so easy, lies open to them for conferring so " important a benefit on the Church. " 4th. That the aforesaid Commissioners be a Committee to take the necessary " stepw to get an Act of Incorporation for the Management of the General Fund, I !■ 'i J ' so to till t • Svnc cl to oa ors, nn import lliom f Tl iin lor the when 1 ("iiur.l Tl l)(MMi fir opiiorti tion oC l.lv som ill the wives tl grave ii hoped). Kiiigdc lu'ctioii their su "Wliereii f the a'ret iiidepeii lieart.s, i th( loss test, and livil an mid its ihe' colli tilde aiic ill the V tlie Nati I'd to re fransrnit lo receiv The Tha terms ai distril)ut to. Thai 9 " so to bo ohtninod ; the aforosaicl Commissioni'rs to constitute the siiid Corporatio)i ' till the noxl mcftiiiir of Svnod. when four more mom})ers Rhnll bi^ added by the •• Synod." Thi^ Synod ordered the minutes of this meetinjj- to be printed, and a copy sent to each Minister as soon as possi1)le. and they further instriuted their Commission- ers, named above, to address a cinular to the several ministers, showins? them the imimrlanci' of commuting- upon the plan airreed to at this meeting, and giving tiiem full information on the subject. The Synod requested their Moderator to convey to the TTon. John Hamilton, of Kinaston, and the Hon. Thomas McKay, of Ottawa, the thanks of this Synod 10 for the assistance aifbrded by them to the Cleruy b'escrve Committee of this Synod, when lately met at Quebec, and for their exertions on behalf of the interests of this Church, especially during the present session of Parliament The bu.sine«s lor which the sjiecial mei'tina- of Synod had been called, having l)(vn finished, the Reverend Dr. INIathieson stated "that he availed himself of the opportunity which this s|)ecial meeting of Synod atlordcd to direct the atten- tion of the conaregations within the bounds to the call made by the General A.s- sembly pt the Church of Scotland, and generously responded to by every i)arish in the land to contribute to the National Patriotic Fund for the relief of the wives and children of the brave men who have been disabled or found a soldiers 20 grave in fighting ibr the honour of their country, and the liberty, and (it is to be hoped), the ultimate peace of the world, and the advancement of the Pedeemer's Kingdom : and, also, to the circumstance, that several of the congregations in con- nection with this Synod have already contributed or were anxious to contribute their subscriptions through the channel thus afforded them, to the Patriotic Fund.'' AVhereupon Dr. Mathieson moved to resolve, and it was resolved accordingly : " That this Synod deejdy symiiathise with Her Majesty and her people in the great struggle, in whipvo\ dividu jiassed huiidn T] tioner ninth ( a stipe: annual; in favo huiidro forming of one never d lirooeei] Th said rei 11 " tieutcd ihiit ihovo may ho ua ht'silulioii or dt'livy in sisTuir.t!: nnd lovwanliiiir thos- •' pOWOls. '• I iiin I'uitlior instni.tt'd to call your attention to the lollowins llcsolution, •' passed unanimously, at th<« last mcetinm' of Synod ; — •'That all ministciH he. and thoy are hereby enjoint-d and fUtreatt'd, (as to a •• njcasuvt", hy whith, under Providence, not only their own private interests will '• be soiuved, but permanent endowment for the maintenance and extension oi' Reli- •' <>ious ordinanees in the Chuveh.) to {•rant such authority as is necessary to ell'ect a '' commutation, in the luUest numner. thankful to Ahniufhty (jod, that a way so •' easy is open to them lor coul'erriny so important a benefit on the Church." Not 'doubtinjj that you will concur in the views of the Synod, '• I am, "K'.-v'd. Sir, " Your obedient Servant, (Siuiied) JOHN VOOK. (Jonv'r/Hr.'- "To the ]{everend," - That Petitioner aiul other Ministers and Incumbents of the said Presbyterian Church of Canada, in connection with the Church of of Scotland, and the Mis- sionaries of the said Church of Scotland, renounced their individual riffhts iu the .said Fund, and authorised the said John Cook to act for each of them and in -'^ their behalf, for and by reason of the terms and conditions of th(> resolutions pa.ssed at the said meotinjj of Synod on the tenth and eleventh January, eiiihteen hundred and lil'ty-live, and more especially upon the consideration that the Fund to be created thereby would be a permanent endowment for the Presbyterian Church of Canada, in connection with the Church of Scotland. That no change could be made in the distribution and application of the in- tiMvst and revenues accruin«i: on the said Fund received under the said Commutation Act, and the Acts therein referred to, without the full consent and ni^proval of each and all of the commuting Ministers who renounced their in- dividual interests thereiu, in con.sideration of the matters set out in the resolutions 30 passed at the said meetinn' of Synod on the tenth and eleventh January, eisfhteen hundred and fifty-five. That on and since the ninth of May, eighteen hundred and fifty-three, the Peti- tioner was entitled to the benefits derivable^ from the proi;eeds of the said Clergy Eeserves under the said Imperial and Provincial acts relating' thereto, and on the ninth day of May, eighteen hvmdred and fifty-three. Petitioner was in the receipt of a stipend and allowance therefrom amounting to upwards of one hundred pounds annually, and further at the date of the passing of the resolutions of the said Synod in favour of the said commutation, to wit, on the eleventh day of January, eighteen hundred and fifty five, the annual value of Petitioner's stipend and allowance, -10 forming a life claim payable to him by and out of said sums, amounted to the sum of one hundred and fifty pounds currency per annum, and the said Petitioner has never done anything to forfeit his right to participate in the said Fund, or in the proceeds, profits or revenues thereof That during the year eighteen hundred and fifty-five, and after passing of the .said resolutions bv the said Svnod, the said Petitioner did commute the claims .Jl 1 '4 dne miM did mid ill (■( thee niid I .nhon sioiie whic lione, not tc olth* said I f)l' ni Sy c tiiul f luhnit pound piiNsin put (»1 ihrco, (lition huve II C'liiiad to hav wlieiic Tl rri'wbj has do Tl liTins, the pui vcsultii Mild lift (i;i27,0 fouhl I and the the Piei Till (22 Vic. tor such to tinio, Act, tha said Chi ("onnpcti due to hiin hy tli«« snid Vuiul, with iho (Jov ('iimu'iii, l»y "»n siiid Com- misnioiuTN, upon llu' ( onditioiif* wt out in miid resolutions, nnd th«^ naid Petitioner did tln'it'by rouNcnt to n-nouncf liiM jifrsoniil viiihtH in tlif Kuid Clcrfry K»'st'rv»'H, nnd in the prtxt't'dN tht'iooC in liivour of the Nuitl rr.'Nl»ytfriun Church of Caniidii, in tonnt'clion with tho Chun h of Srothind, and did conHt-nt that the amount of tho capital Nuni due and to accrue to him, nhould lie joined with tho anjount durt and to accrue to other Minihter8 ol' tho said Church, and that all HiiniH thus ohtuintnl .should 1)0 joined into one fund, which should 1)0 held in Trust hy the Haid Commis- sioners, in the said rosohition named, till the meeting: of iho Synod next ensuin". hy which all furlher regulations should he made, hut the said renunciation of the IVti- 10 lioiiei's rights was nnide suhject to the fundamental i)rinciple (whit h it was declared not to he i'tnii and ! in Tr flcVl' to th( minis liiiuls the fii amoui .'d Co others (or th( three and sf Church ihereo T] Tic : t sevent " Bonn " Chur lor the Ihe Aei Th ject ma North i of Groa of the r 13 Thnt iit til.' timo of ,surh Commutation iho innds avisiiiij;- thi'r«>from, iiiid which were reamblc thereof mentioned, all moneys, debentiires, l)onds, bank or other stocks and securities which were then held l)y the Commissioners of the said Church, in Trust for the said Church, under the terms of the resolutions of the tenth and 20 eleventh of January, eighteen hundred and iifty-ftve, hereinbefore cited, and subject to the conditions in the .«aid Act mentioned. That the .said last mentioned Corporation continued to manage and ad- minister the Tru.st Fund arising from the original commutation, and divers other funds contributed for the purposes mentioned in the said la.st mentioned Act, until the lilteenthday of June, eighteen hundred and .seventy-hve, when the ago-regate amount of *he funds, as.sets. and mom>y under the control of the said last mention- ed Corporation, Bespondent, and bv them held in trust for the Petiticnier and for all others entitled to iiarticipate in the revenues and interests accruin;!: thereon, and for the l>enelii of said Church, amounted to the siim of four hundred and sixty- 30 three tliousand. three hundred and seventy-one dollars and fifty-two cents, (•Ji;3.371..'2) at par vahie, according to statement dated first Mav, eighteen hundred and seventv-live. as set out in the Acts and Proceedings of the Synod of the said Chiuch for eighteen huiidred and seventv-five. at page forty-live of the l{eco.fds thereof. That an Act was ])assed by the Legislature of the Provinee of Quebec (38 Tic : Cap : (54) assented to on the twentv-third February, eighteen hundred and seventy-five, entitled an act to amend the act intituled ' An Act to incorporate the " Board for the management of the Temporalities' Fund of. the Presbyterian " Church of Canada, in connection with the Church of Scotland " and providing 40 lor the administration and distribution of the funds held and administered under the Act of the late Province of Canada (22 Vict : Cap : 66). That the said Act of the Province of Quebec (38 Vic, Cap. 04) relates to sub- ject matters beyond the competency of the Local Legislature under the British North America Act. 1867, to wit, the Act of the Parliament of the United Kingdom of Great Britain and Ireland, (30th and 31st Vic, Cap. 3), and t'le Legislature of the Province of Quebec wao iv^^mpetent to pass said Art: aiul (he said Aet of 14 the Province of Quebec, in so far as it derogates from, or purports to modify or vary the Act 22 Vic., Cap. 66, of the heretofore Province of Canada, is null and of no eHect. That the subject matters of said Act of the Legislature of Quebec are not of a mere local or i)rivate nature within the Province of Quebec, but alTect the rights of persons residing beyond the ProA'ince of Quebec, and not subject to its juris- diction. That the Petitioner is not subject to the legislation of the said Province of Quebec attecling his interests in the said funds, and the said Legislature of said Province of Quebec has exceeded its competency and jurisdiction in passing 10 said Act. That the interests of the Petitioner in the moneys arising from the said com- mutations and in the Temporalities' Fund, as constituted by the Act (22 Vic, Chap. 06) of the late Province of Canada, are not of a mere local or private nature in the Province of Quebec, but are a matter of general interest. That the objects of the Corporation, Respondents, under the Aventy-five. the said Reverends John Cook, James C. Muir, and George B(»ll, «lid join with another religious association called the Presbyterian Church in Canada, composoxl of persons who previous to the said fifteenth day of June, be. liiHgcd to fotir separate and distinct religioits organizations, and extending over various provinces of the Dominion, under four separate and distinct ecclesiastical governments, entirely unconnected with each other, to wit, the Canada Pre.sbyte. vian Church, the Presbyterian Chixrch of Canada, in connection with the Church 40 of Scotland, the Church of the Maritime Provin( es in connection with the Church of Scotland, and the Presbyterian Church of the Lower Provinces, several members i'rom each of which said last mentioned religious organizations united them- selves together in a new and distinct reliaious organization and association called the Presbyterian Church in Canada : — that the said Reverends John Cook, James C. Muir and George Bell, on said fifteenth day of June, eighteen hundred and seventy-five, ceased to be Ministers thenceforward of the Presbyterian Church of ! Hi lU re* Co bo C^ the SUl Mil of < anc pen .Tun Coo teri: the end the Res Goo the 1 each bvte half- fhol rend Quel a 11101 to re kind statu and c of cei payal ReA'ei Irom hundi heen f'hurc se\en Minis benefi terms 16 ranada, in ronnoction with the Church of Scotland ; and Petitioner avers that said Reverends John f'ook, James C. Muir and George Bell, have not been entitled to receive any benefits from the said Fund, or to be paid any sums of money by the Corporation, Kespondents, by reason of their having seceded from, and ceased to bo Ministers of the said Presbyterian Church of Canada, in connection with the Church of Scotland. That since the said fifteenth day of June, eighteen hundred and seventy-five, the said Corporation, Eespondents, have paid to the said Reverend John Cook, the sum of eleven hundred and twenty-five dollars ; to the said Reverend James C. Muir, the sum of nine hundred dollars ; to the said Reverend Greorge Bell, the sum 10 of eleven hundred and twenty-five dollars ; out of the said Fund, and the interest and revenues thereof, for Commutation Allowances by the said Corporation, Res- pondents, alleged to have accrued on said Fund since the said fifteenth day of June, eighteen hundred and seventy-five, in favour of the said Reverends John Cook. James C. Muir, and George Bell, in their quality as members of the Presby- terian Church of Canada, in connection with the Church of Scotland ; though since the said fifteenth day of June, eighteen hundred and seventy-five, the said Rever- ends John Cook, James C Miiir, and George Bell, have been and are ministers of the said new organization, styled the Presbyterian Church in Canada. That Petitioner has reason to believe and verily believes, that the Corporation. 20 Respondents, will pay to the said Reverends John Cook, James C. Muir, and George Bell, the sum of two hundred and twenty-five dollars each, on or before the first day of January next, as Commutation Allowances from the said Fund, to each of the said last mentioned Ministers, in their quality as Ministers of the Pres- byterian Church of Canada, in connection with the Church of Scotland, for the half-year ending thirty-first of December, eighteen hundred and seventy-eight. That preceding the fifteenth day of June, eighteen hundred and seventy-five, Ihe Reverend John Fairlie, minister of L'Orignal, Province of Ontario, the Reve- rend David W. Morison, Bachelor of Arts, Minister of Ormstown, Province of Quebec, the Reverend Charles A. Tanner, of Richmond, Province of Quebec, 30 amongst others, not being of the number of original commutors, were not entitled to receive any allowance or stipend or revenue or emolument of any nature or kind from said Fund administered by said Respondents, under the terras of said statute 22 Vic, Cap. GO, unless the interest, revenues and accruals on said Fund, and contributions from other sources thereto, were sufficient to allow the payment of certain allowances or emoluments therefrom after the deduction of the sums payable to the original commutors. That the said Reverend John Fairlie, Reverend David W. Morison, and Reverend Charles A. Tanner, of Richmond, Province of Quebec, have received from said Corporation, Respondents, since the fifteenth day of June, eighteen 40 hundred and seventy-five, for, and by reason of their connection with and having been Ministers of the Presbyterian Church of Canada, in connection with the Chitrch of Scotland, since the said fifteenth day of June, eighteen hundred and seienty-five, the sum of Five Hundred Dollars each, to which said last mentioned Ministers were not entitled,]_both by"reason of having ceased to be entitled to the benefits from the Fund administered by said Corporation, Respondents, under the terms of the resolution of the eleventh^ of January, eighteen hundred and fifty. & ^.■- t.-! I ha tio in Fi] sa aiK up SOM Hii 8ai( Coi the sai( me Sco sho frot or 1 Kes ters said folk Res und the I Kill' .Tohi Micl Ijsqi •"hail Esqi Resp shou mem Boari Reve pond Cook IT five, tho said Reverends John Fnirlic, David W. Morison and Charles A. Tanner having ceased lo bo members of the Presbyterian Church of Canada, in ronnec- tion with the Cenrch of ScotUmd, and havin;? joined the said Presbyterian Church, in Canada as aforesaid, and l)ecau8e the revenues and interests accruinj? on said Fund administered by said Coriioration, Respondents.were not sufRcient to pay the said Reverends .Tohn Fairlie, David W. Morison, and Charles A. Tanner, any allow ance or emolument whatever, after the payment and settlement of all learal claims upon the revenues of said fund, and said Reverends John Fairlie, David W. Mori- son and Charles A. Tanner, were not entitled, respectively, to said sums of Five Hundred Dollars each, either from the revenixes and interest or from the capital of 10 said Fund so administered, as aforesaid, by the Corporation, Respondents. That by the terras of the said Statute, (22 Vic, Cap. 6(3), incorporating the Corporation, Respondents, it is provided that at the first meeting of the Synod of the said Church there should be elected, by the said Synod, seven members of the said Board, Respondents, of whom four shall be laymen and three ministers, all members of the Presbyterian Church of Canada, in connection with the Cluxrchof Scotland, in place of two laymen and one minister, members of the said Board, who should then retire, and that thereafter two ministers and two laymen should retire from the said Board annually, in rotation, on the third day of the annual meeting of the said Synod, and that the place of the retiring members of the said Board, 20 Respondents, should be supplied by two ministers and two laymen, being minis- ters or members in full communion of the said Chiirch, then to be elected by tho said Synod. That on the fourteenth day of June, eighteen hundred and seventy-five, the following persons composed the duly-elected, eligible members of the said Board- Respondents, entitled to administer the funds and property entrusted to them under the provisions of the said Act, as appears by the Acts and proceedings of the isaid Synod for the year eighteen hundred and seventy-five : — Reverend John H. Mackerras, Master of Arts, Professor in Queen's College Kingston, Province of Ontario, the said Reverend Daniel M. Gordon, Reverend 30 John Cook, D.D., Reverend John Jenkins, D.D., Reverend Gavin Lang, James Michie, Esquire, Merchant, Toronto, Province of Ontario ; Alexander Mitchell, Esquire, Merchant, Montreal, Province of Quebec; William Darling, Esquire, Mer- chant, Montreal, Province of Quebec ; the said Sir Hugh Allan, John L. Morris. Esquire, Robert Dennistoun, Esquire, and William Walker, Esquire. That since the date of the said enactment, incorporating the Corporation, Respondents, (22 Vic, Cap. (5li), four members of the said Board, Respondents, should have retired therefrom, at each annual meeting of the said Synod. That in the month of Jvine, eighteen hundred and seventy-six, the following members of the said Board, Respondents, by law ceased to be members of siiid 40 Board, and should have retired therefrom, to-wit : the said Reverend .Tohn Jenkins, Reverend Gavin Lang, William Walker, Esquire, and Robert Dennistoun, Esquire, That in the month of June, eighteen hundred and seventy-seven, the follow- ing members of the said Board by law ceased to be members of said Board. Res- pondents, and should have retired therefrom, to-wit : The said Reverend John Cook, Reverend Daniel M. Gordon, John L. Morris, Esquire, and Sir Hugh Allan. i:ii said shot VVii; Esqi with Cam ion \ of tl Gavi John Allai Willi re-(>I( tllO !■( fact c appoi 1 Walk Danii H, M Darlii as me said I fnnds niPnt whate T the sa: indica the sa authoi John , toun, Allan, Barlinj Board, and th( as men of the fleeted are no\ confern ed as ra membei 18 That in tho month of Juno last past, (1878,) Iho rollowinir momhors of the snid Board, Respondents, by Law (cascd to bo menil)ers of llic said Honrd. and «honld haA'e retired tnorefrom, to wit : the said lli'verond J. II. MacKerras, William Darling, Ksqnire, anore especially in that portion of the Funds ho administered by them arising I'rom the Commutation, of claims of Ministers upon the Clcr«?y Keserves and the proceeds thereof, and the said IVtitioiu*r has a riirht to allow- aiict's therefrom for life, provided he maintaiim his connection with the Presby- terian Church of Canada, in connection with the Church of Scotland, and does not cease to be a Muiister in connection therewith, which said allowances and which said interest in the said F\;nds are endangered by the infiiii'jfement upon the Capital of the said Fund, made by the Hoard, Respondents, and by tiie illeu;al ])»ymentB hereinbefore indicated or made, or that may hereafter be made by the Hoard, Respondents, out of the capital of the said Fund or the interest or reveniu^sSO iiccrning thereon. That all the payments heretofore made by Respondents to the persons herein- l)elore mentioned, since the fifteenth day of June, eighteen hundred and seventy- live, or contemplated to be made out of the said Fund, as hereinbi'i'ore slated, are contrary to the provisions of the statute of the heretofore Province of Canada, 22 ^ ic, Chap. 66, and in so far as they may be ostensibly authorised by the Acts of the Parliament of Quebec, or of any of them, are illegal and ixm-onstitutional, and ultra vires of the Corporation, Respondents, as Petitioner is advised and verily I)elieve8. Wherefore the said Petitioner, personally and in his said qualities, prays that 39 a Writ of Injunction may issue against the said Corporation, and aaainst the .said Reverend John Jenkins, Reverend (iavin Lang, William Walker, Esquire, Robert Dennistoun, Esquire, Reverend John Cook, Reverend Daniel M. Gordon, Sir Hugh Allan, John L. Morris, Esquire, Reverend John H. Mackerras, William Darling, Esquire, and Alexander Mitchell. Esquire, enjoining them and each of them to upi)ear before this Honorable Court or a Judge thereof, to answer the present Petition, That the Act of the Legislature of the Province of Quebec, intituled " an Act to amend the Act, intituled, 'an Act to incorporate the Board for the management of the Temporalities' Fund of the Presbyterian Church of Canada, in oonuction with 40 the Church of Scotland," passed in the thirty-eighth year of Her Majesty's reign. (38 Vic, Chap. 64), may be adjudged and declared to be unconstitutional and ille- gal, and be rescinded and revoked, and that the subject matter thereof as therein presented may be declared to be uUra vires of the Legislature of the said Province of Quebec, and that it be declared and adjudged, by the judgment to be rendered upon this petition, that the said Corporation, Respondents, are acting and taking proceedings beyond their power, and without having fulfilled the formalities pre- scribed by law, and by the Act of Incorporation thereof, by permitting the said 20 last named persons to act as members of the said Boaid and of the said Corpora- lion, without having been eh^ctfd as members of snch Board in the maunor pro- vided by law, and by the sai.l Act of Iiioorpoiation, and, further, by administering intermeddling with, and disbursing the fvdsand property of the said Corporation in a manner and for purposes not authorised by the said Act of Imorporation of the 22nd Vic, Chap. 66 ; and by holding, administering, dispensing and disposing of the fnnds and property of the said Corporation, without having a sufficient number of members of the said Corporation elected in the manner provided by law, and in the Act of Incorporation thereof, to constitute a quorum of the said Corporation or of the said Board. And that it be further adjudged and declared that the said Rev- lo orend John Jenkins, Reverend Gavin Lang, William Walker, Esquire, Robi-rt Dennistoun, Esquire, Reverend John Cook, Reverend Daniel M. Gordon, Sir Hugh Allan, John L. Morris, Esquire, Rev. John H. Mackerras, William Darling, Esquire, and Alexander Mitchell, Esquire, have no right or authority to sit, deliberate or net as members of the said Corporation or Board, and thereupon further prays that the said Corporation be by such judgment restrained from acting and proceeding in respect of the duties imposed upon them by the said Act of Iiicorporntion of the 22nd Vic . Chap. 66 ; and from administering, using, dispensing or disposing of the funds and property of the said Corporation : and be ordered and enjoined not to act in respect of the said duties and powers, and in respect of the said 20 lunds and property, until an adequate and sufficient number of members thereof shall have been duly elected in the manner and with the formalities provided by law and by the said last mentioned Act of Incorporation. And further, that the Respondents, Rev. John Jenkins, Rev. Gavin Lang William Walker, Esquire, Robert Dennistoun, Esquire. Reverend John Cook, Rev. erend Daniel M.-Gordon, Sir Hugh Allan, Reverend John MncKerras, William Darling, Esquire. Alexander Mitchell, and John L. Morris, Esquire, be restrained from acting as members of the said Board, and be enjoined not to sit or act a<, or perform any of the functions of members of the said Board, unless and until they shall be duly elected nu ibers thereof, in the manner, and with the formalities 30 provided by the .aii' rt of Incorporation of the said Board, 22 Vic. chap. 66. And t%e "Vatio ler further prays, that it be ordered, that the said Respondents, and eacii •.. "d » 1 of them do forthwith suspend any and all acts j^nd proceedings in their p>'ver>^l capacities respectively ; in respect of the administration of the said funds and prcpcrty, and in respect of all mattt'-s i" dispute in this cause. That it b( adjvidged and declared that the i-uuu administered bj' the Cor- poration, Respondents, amounting to the sum of fnnr hundred and sixty-three thousand, three hundred and seventy-one dollars and fifty-two cents, ($463,371.52) is a Fund held in Trust by them for the benefi', of the Presbyterian Church of Canada, in connection with the Chuv;h of Scotland, and for the benefit of the 40 Ministers and Missionaries who retain their connection therewith and who have not ceased to be Ministers thereof and fir r.o ot.'.er purpose whatever. Thrii the said Reverend Jehu Oook, Re ,-t be entitled to any sum of money or benefit from tik' liuds p.iministered by Respondents. That the said Reverend John Fairiio. lti»e: ad W. Morison and Reverend Charles A. Tanner be declared not entitlod l > receive any sum of money whatever from the n 21 funds administered by Respondents, and that Respondents be enjoined and order- ed not to pay said Reverend John Cook, Reverend James C. Muir, Reverend George Bell, Reverend John Fairlie, Reverend David W. Morrison and Reverend Charles A. Tanner, or any of them, any sum of money whatever from the capital or revenues of the funds administered by them, and further, that the said Corporation Respondents, be adjudged and ordered not to pay to them the said Reverend John Cook.Reverend James C. Muir.Reverend George Bell, Reverend John Fairlie, Reve- rend David W. Morison, Reverend Charles A. Tanner, or to any other person whom-, soeA'er, any sum of money whatever out of the capital or revenues or interest accrued and to accrue on said Fund, under pain of all legal penalties, until su','h further jq order shall be made upon the said petition, as to this Honorable Court, or any Judge thereof shall seem meet and expedient. And the said Petitioner hereby de- clares his readiness to give good and sufficient security, in the manner prescribed by and to the satisraction of the said Court or of a Judge thereof in the sum of Six Hundred Dollars or any higher sura fixed by the said Court or Judge for the costs and damages which the Respondents may suffer by reason of the issue of said Writ of Injunction, and the said Petitioner hereby offers as such security, James S. Hunter, Notary Public, and Joseph Hickson, Railway Manager, both of the City and District of Montreal, who will justify as to their sufficiency if required, the said Petitioner reserving the right to take such other and further conclusions 20 in the matter, as he may be advised and permitted, the whole with costs of suit and of Exhibits against such of said Respondents as may contest the present action but without costs against such of the Respondents as may declare that they abide the order of the Court, of which costs the undersigned Attorneys pray distraction. Montreal, 31st December, 1878. (Signed,) MACMASTER, HALL & GREENSHIELDS, Attorneys for Petilioner. (Sisrned,) J. J. C. ABBOTT, Q. C, M. M. TAIT, Of Counsel. (True Copy.) 30 I, the undersigned, one of the Justices of the Superior Court for Lower Canada, sitting in the District of Montreal, having read the foregoing Petition, and the affi- davits and documentary evidence produced in support of the same, and seeing further the offer of the said Petitioner to give good and sufficient security in the manner prescribed by me and to my satisfaction, I do approve of the security offered by Petitioner and do order and prescribe that ;the said sureties offered to wit : — James S. Hunter, Notary Public, and Joseph Hickson, Railway Manager, both of the City and District of Montreal ; do enter into a Bond before me to the 4q extt m&] and of I Res Sup (eig furt aud Rev Den Huj ling peni resp und mat 22 it; extent of Twelve Hundred Dollars for costs and damages which the Respondents may suffer by reason of the Writ of Injuction herein ordered to issue ; they then and there justifying as to their sufficiency upon oath ; and that thereupon a Writ of Injunction do issue according to the prayer of the said Petition, to summon the Respondents to be and appear before any one of the Honourable Justices of the said Superior Court at Montreal aforesaid, on the thirty-first day of January next, (eighteen hundred and seventy-nine,) to answer the premises, and pending such further order and judgment as may be rendered in this cause, I do hereby order and enjoin the said Corporation, Respondents, and the said Respondents, the Reverend John Jenkins, Reverend G-avin Lang, William Walker, Esqi;ire, Robert 10 Dennistoun, Esquire, Reverend John Cook, Reverend Daniel M. Gordon, Sir Hugh Allan, John L. Morris, Esquire, Reverend John H. Mackerras, W^illiam Dar- ling, Esquire, and Alexander Mitchell, Esquire, and each of them forthwith, to sus- pend any and all acts and proceedings in their several capacities, respectively, in respect of the payment of all sums of money, and of the administration of the funds under the control of the said Corporation, Respondents, and in respect of all other matters in dispute in this cause, under pain of all penalties provided by law. Montreal, 31st December, 1878. (Signed), L. A. JETT^. (True copy). J. C(^/^/f I /. . //^r/^/yy, ,;^ 3^^^^^^^.