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v\
THE CONSTITUTIONS
OF THE
SYNOD
AND OF THE
INCORPORATED CHURCH SOCIEH
OP THE
.0 W
' '- ■ •'■*'
^:
ADOPTED SEP!I^BEB, 1858.
TO wnicn ARK .VDDHD THE ACTS OF THE PKOTlNCUL PAE-
LTAMENT RELATING TO SYNODICAL ACTION ; ALSO. TBM OHUROT
SOCTKTY ACTS ; THE CHUKCB TEMP0RALIT1B9 ACT J J^^
ACT ENABLING RRLIGIOCS BODIES TO SELL PROPEHTT.
I
TORONTO:
PRINTED AT THE "SOHO'' OPPICS;
I'nooCLVIII,
•w
i
^%
CONSTITUTION
0» THK
SYNOD OP THE DIOCESE
OP IIITRPX,
ADOPTED, SEPTEJfBER 22nd, 1858.
1. The Synod shall consist of the Bishop of the
Diocese, of the clergy duly licensed therein, and
not under ecclesiastical censure, and of Lay repre-
sentatives elected as hereinafter provided.
2. Clergymen who have been members of the
feynod but who have become superannuated, or
inralided with the Bishop's consent, shall reta^
all their pnvJeges as members of the Synod.
3. 1 he Lay Representatives shall be commu-
mcants of at least one year's standing, and
W i if it'^'^ ^"'^?"^' ^"""g Easter week,
hj each duly organized congregation, from amon/
their own number, at a meeting legally convened •
and It shall be the duty of thf vvidens of each
congregation to provide a book in which each
member of the congregation, of the full age of
twenty-one years, shall subscribe his name as
being a member of the United Church of England
and Ireland, and as belonging to no other religious
denomination; and such, and no others, shall be
ent^itled to vote at the election of lay representa!
4.. The Incumbent, or his assistant, shall
preside at the election; and in their abs'encri
chairman elected by a majority of those present.
J. ibe number of Representatives shall be as
f
\
follovru: For every congreeration one; when the
registered voters exceed fifty, two; and when
thej exceed one hundred and fifty, three ; and
at each meeting it shall be the duty of the Chair-
man to have the list read over, and the names of
all those who have died, or who have become
disqualified shall be erased previous to the elec-
tion.
6. Each Representative shall receive from the
clergyman, or chairman of the meeting, the fol-
lowing certificate :
DIOCESE OF HURON.
Town, (or Township,) of , Congregation
of , number of regiatered voters,
I hereby certify that at a meeting of this congrega-
tion, held on day of , 18
Mr. was duly elected a representativo
to Synod for the current year.
, Cft airman.
And each representative shall continue in office until
his successor is appointed.
7. If a vacancy occur by the death, removal,
or resignation of any representative, the clergy-
man shall proceed to hold a new election within
one month, due notice beinff given by him during di-
vine service on some Sunday preceding the meet-
ing.
8. It shall be the duty of the chairman, within
six days after every election of representatives to
send to the Secretary of the Synod a duplicate of
the certificate given 6y him to the party or parties
elected.
9. That the Synod shall meet annually j or
oftener at the option of the Bishop.
10. — Kach clergyman within the Diocese shall
send to the Bishop, through the Secretary, a list
I
^
or
of his present congregations, entitled to send re-
presentatives to Synod, distinguishing each bj t
certain name, and describing its locality, in order
that they may be recorded in a book, to be kept
for that purpose. Any confjregation hereafter
established must furnish similar information, and
make application to the bishop to be admitted to
the piivilege of sending representatives to Synod.
11. — When the Bishop is not present he shall
appoint his deputy to preside in his place. A
quorum of the Synod shall consist of the Bishop^ or
his deputy, and not less than one third of the whole
number of both Clergy and Lay representatives,
respectively.
12. — A Clerical and Lay Secretary shall be
chosen annually by the Synod from among the
members thereof, who shall remain in o£Qce until
the next annual- meetiue of the Synod. Their
duty shall be to take mmutes of the proceedings
of the Synod, to preserve its journals and records,
to attest the public acts of the body, and faith-
fully to deliver into the hands of their successors
all books and papers relative to the concerns of
the Synod, which may be in their possession ; and,
in case of a vacancy in the See, to summon the
Synod for the election of a Bishop.
13. — The expenses incurred by the Synod shall
be paid by the Treasurer of the Church Society,
out of a special fund to be raised by the Church
Society for that purpose, all accounts to be laid
before the Synod, and, when passed, to be signed
by the President and Secretaries.
14. — No act or resolution shall become law
without the concurrence of the Bishop, and a ma-
jority of the clergy and laity present, provided that,
ordinarily, the votes of the whole Synod shall be
taken collectively ; but that at the desire of the
i
8 1
Bishop, or at tbe request of fife clergymen, or of
five laymen, tl»c votes of each of tlie above named
orders shall be taken separately.
15. — In case of a vacancy in Ibe See,
it shall be the duty of the Secretaries
of the Synod to give notice of such vacancy
to every clergyman and representative within
ten days from their knowledge thereof ; and at
the same time, to summon a meeting of the
Synod, to be held within six weeks, for the elec-
tion of a bishop, giving one month's notice f and
at such meeting the senior dignitary present
shall take the chair; and, in the case of Secre-
taries failing to perform this duty, th«n it shall
be the duty of the licensed clergymen within the
city of London to summon the Synod for this
purpose. In the election of a Bishop the clergy
and laity shall vote separately by ballot, a majority
of the votes of each order present shall determine
the choice.
16. — Every proposition for an alteration of
the constitution or rules of the Synod must be
sent to the Executive Committee, to be forwarded
to the members of the Synod, and no alteration shall
take place unless agreed to by majorities of two-
thirds of the clergy and laity respectively.
17. — Each congregration through their cler-
gymen and wardens, shall make an annual
statistical report to the Bishop, according to a form
to be supplied by the Secretary, under the Bish-
op's direction ; which report shall be forwarded to
the Bishop withm one month after Easter. .
11. — ORDER OF PROCEEDINGS.
1. Each Meeting of the Synod shall be pre-
ceded by public morning prayer ; and on the first
day, the Holy Communion shall be administered.
\.
2. The business of every day shall 6e com-
menced bj special prayer for the Dirine guidance
and blessing, according to a form authorized by
the Bishop.
3. After prayer, the Clerical Secretary shall
call over the lloll of the Clergy, as furnished by
the Bishop, and mark the names of those in at-
tendance ; and the Lay Secretary shall then call
over the names of the Representatives, and those
present shall answer to their names, and hand to
the Secretary the Certificate of their appointment ;
which Certificate shall then be examined by a
Committee of two, in conjunction with the Secre-
taries.
4. The Secretaries shall then be e^ "ted by the
Synod, and they shall continue in office until their
successors are appointed.
5. The Order of Business on each day shall be
as follows: —
(1) Calling the Rolls.
(2) Reading, correcting, and approving the
Minutes of the previous meeting.
(3) Appointing Committees.
(4) Piesenting, reading, and referring Memo-
rials and petitions.
(5) Presenting Reports of Committees.
(6) Giving notice of motions.
(1) Taking up unfinished business. ^
(8) Consideration of motions.
6. An address from the Bishop shall be in order
at any time.
7. The Synod shall meet each day immediately
after divine service, and adjourn at one o'clock,
p. m., meet again at three, p. m., and adjourn at
seven, p.m., unless otherwise ordered by ihe Bishop,
and, every member attending the Synod shall be
IB. his place; and remain during each session of the
8
Synod, and shall not leave until the final adjourn-
ment, except hj permission of the Bishop or Chair-
man.
III. — RULES FOR THE PRESERVATION OF ORDER.
1. When the Bishop or other person presiding
has taken the chair, no member shall continue
standing.
2. When any member is about to speak for the
information of the Synod, he shall rise and address
the Chair. _
3. No motion or amendment shall be considered
as before the Synod, (excepting such as may be
proposed by the Bishop or committees)- unless
seconded and reduced to writing ; and no motion,
except m course, shall be considered till the suc-
ceeding day of meeting.
4. No member shall speak more than twice on
the same question, without the permission of the
Chair.
5. When a question is under consideration, no
other motion shall be received, unless to adjourn,
to lay it on the table, to postjone it to a certain
time, to postpone it indefinitely, to commit it, to
amend it, or to divide on it ; and motions for any of
these purposes shall have precedence in the order
here named.
6. Motions to adjourn, or to lay on the table
shall be decided without debate.
7. When a motion has been read to the Synod
by the Secretary, it cannot be withdrawn by the
mover without the consent of the Chair.
8. Each member shall have the right to require
at any period of the debate, that a question in dis-
cussion be lead for his mforniatiou.
9. A member called to order while spt^aking
shall sit down, unless permitted to explain.
no
10. All questions of order shall be decided bj
the Chair.
11. When a proposed amendment is under con-
sideration, a motion to amend the same maj be
made , but no after amendment to such second
amendment shall be in order j yet a substitute to
the whole matter may be proposed and received,
provided it deals directly with the subject in hand.
12. All amendments to any question or amend-
ment shall be decided on before the question or
motion on which they rise is proposed for decision.
13. Whilst any question is being put from the
Chair, the members shall continue in their seats,
and shall not hold any private discourse j and when
a motion is so put, no member sliall retire until
such motion is disposed of.
14. In voting, those who rote in the affirmative
shall first rise, and then those who vote in tbe
negative, and if required the Yeas and Nays shall
be recorded. '
15. A question being once determined, shall
not again be drawn into discussion in the same
session, without the special sanction of tlie Chair.
16. When the Synod is about to adjourn, every
member shall keep his seat until the Bishop, or
other person presiding, has left the Chair.
IV. — RULES REGARDING COMMITTEES.
1. All Committees shall be appointed by the
Chair, unless named by the Synod, and the names
shall be publicly announced while the Synod is in
session.
2. The reports of Committees shall be in writ-
ing, signed by their Chairman, and shall be received
•_ I. ^j*. 1 1 r At •
1 —
1^ C —
tiiauc i\Ji
liiCK JC-
committal.
3. The Chairman of the Committee, or some
s\
W
10
member deputed by him, shall explain to the Synod
the bearing of any portion of the report, if re-
quested by any member of the Synod.
4. AH Keports of Committees recommending
any action or expression of opinion, shall be accom-
panied by a resolution for the action of the Synod
thereon.
i. To facilitate the despatch of business, and to
insure a more effectual consideration of all matters
to be discussed at the meeting of Synod, there
shall be an Executive Committee, nominated and
presided over by the Bishop, consisting of twelve
members, six chosen from among the Clergy, and
six from among the Lay Representatives.
6. It shall be the duty of the Executive Com-
mittee to prepare in due form all such matters as
the Bishop may desire to have brought before the
Synod, and also such other matters as may be for-
warded to them, through the Secretary, by any
member of the Synod previous to the first day of
May in each year ; and a circular containing a
statement of such business to be submitted to the
Synod shall be forwarded to each Clergyman and
Representative two weeks before the meeting of
the Synod ; which business shall stand first in the
order of the day.
OFFICEB0 OF THE 6TN0D.
CLBRTCA)-. SECRETARIES: lat.
Th« Rev. J. Walker Marsh, M.A, Lawrence I>at*ra8or, Etsq.
COMMITTEES APPOINTED SEPTEMBER 1858.
BXBCCTIVE.
Rer. C. C. Broiigh, A.M.,
" M. Boomer. A.B..
" St. George Caulfield, A.B.
" H. Holland, M.A.,
" 1. H. Dewar, M.A.,
** J. Walker Maruli, M.A.,
L. Ijawraeon, Esq.,
A. Shade. "
G. Ryland, "
G. Robeon, "
C. Wilson, •*
H. Crottv, •••
11
J Synod
, if re-
nending
accom-
i Synod
, and to
matters
I; there
ted and
twelre
gy, and
e Com-
tters as
fore the
be for-
by any
; day of
iniog a
I to the
lan and
ting of
: in the
1-
0^f JUNIiiTETUAL IXCOMK.
Rev. A. Tovrnloy, J. A. Ponton, Ewj.,
ii T /^ Usher J J*OJ\rc© '*
« H. Hollaad.'M. A., Rev. St. George Caulfield, A. B.
ox isDixs uiasioxs.
tter. R. Flood, A.M., Kev. A. Elliott, Rev. A. N'elloi,
Rev. A."JamieM>n, Rev. A. H. R. MuUiolland.
AN ACT
To enable the Members of the United
Church of England and Ireland, in Cana-
da, to meet in Synod,
WHjEREAS, doubts exist whether the members
of the United Church of England and Ireland, in
this Province, have the power of regulating the
affairs of their Church, in matters relating to dis-
cipline, and necessary to order and good goyern-
ment, and it is just that such doubts should be
removed, in order that they may be permitted to
exercise the same rights of self-government that
are enjoyed by other religious communities ; there-
fore Her Majesty, by and with the advice and
consent of the Legislative Council and Assembly
of Canada, enacts as follows : —
I. The Bishops, Clergy,'^ and Laity, memberi
of the United Church of England and Ireland in
this Provice, may meet in their several Dioceses,
which are now, or may be hereafter constiuted in
this Province, and in such manner and by such
proceedings as they shall adopt, frame constitutions
and make regulations for enforcing discipline in
the Church, for the appointment, deposition, depri-
vation, or removal of any person bearing office
therein, of whatever order or degree, any rights
of the Crown to the contrary, notwithstancSng,
and for the convenient and orderly management
of tnP nrnnprfv oSairo unA inforacfa rtf flio l'l-»iii«/»l»
in matters relating to, and affecting only, the said
Church, and the officers and members thereof, and
<,
12
not in anj manner interfering with the rights
privileges, or interests of other rehgious com-
munities, or of any person or persons not being a
member or members of the said United Church of
England and Ireland ; provided always that such
constitutions and regulations shall apply only to
the Diocese or Dioceses adopting the same.
II. The Bishops, Clergy, and Laity, members
of the United Church of England and Ireland, in
this Province, may meet in general Assembly
withm this Province, by such Representatives as
shall be determined and declared by them in
thtir several Dioceses ; and in such general
Assembly frame a constitution and regulations for
the general management and good government of
the said Church in this Province: provided
alwavs, that nothing in this Act contained shall
authorise the imposition of any rate or tax upon
any person or persons whomsoever^ whether
belonging to the said Church or not, or the
infliction of any punishment, fine, or penalty
upon any person, other than his suspension or
removal from any office in the said Church, or
^^<^'"sion from the meetings or proceedings of
the Diocesan or General Synods ; and provided
also, nothing in the said constitutions or regula-
tions, or any of them, shall be contrary to any
law or statute now or hereafter in force in this
Province.
.r, ^ 5f.n^^^ ^^^^^^y *^® *^°^e *o be a true copy of
the Bill passed by the Legislative Council and
Legislative Assembly of Canada, in the Second
Session of the Fifth Provincial Pailiament, and
reserved for the signification of Her Majesty's
pleasure thereon by His Excellencv the Oovpraor-
General, on Thursday, the nineteenth day "^of
June, 1856, and subsequently assented to by
13
Proclamation in tlje Canada Gazette, bearing
date ihe twenty-eighth daj of May, 1857.
J. F. Taylor,
Clerkf Legislative Cou7iciL
ACT TO ENABLE MEMBERS OF CHURCH OF ENG-
LAND TO MEET IN SYNOD — EX-
PLANATORY ACT.
CAP. CXXXIX.
An Act to explain and amend the Act intituled,
An Act to enable the Members of the United
Church of England and Ireland in Ca^i-
ada, to meet in Synod.
[Assented to IQth August, 1858.]
WHEREAS doubts exist whether m the Act
passed m the Session held in the nineteenth
Preamble. and twentieth years of her Majesty's
19, 20 V. Keign, intituled. An Act to en(Me
c. 121. the Members of the United Church
of England and Ireland in Canada, to meet
in Synod, sufficient provision is made for the re-
presentation of the Laity of the United Church
of England and Ireland in the Synods by cbe said
Act authorized to be held, and it is expedient that
such doubts should be removed : Therefore, Her
Majesty, by and with the advice and consent of
the Legislative Council and Assembly of Canada,
enacts as follows : .. \ ^
1. For all the purposes of the aforesaid Act,
the Laity shall meet by representa-
Lfty Delegates tion ; and until it shall be otherwise
to be chosen determined by the Synod in each
a^ ^Qual Ea- Diocese, one or more delegates, (not
rafs'pecfai exceeding three in any case,) may
meetings to be be elected at the annual Easter
u
called by the *neetings in each Dan\h .v^; .»•
CLtomJa to cure wfthiu the Dioce e oTfn **
each luiih whsre «i,«,.^ -"'ocese, or in cases
or c«e " " Ton ™ 1.'" "?*^ ''* ■"<»•« t^n one
or cure, then Kfh °'' L" *">" P"™'"' «>i«ion
J'ears, who shall declare themseke?
members of theTS 0^"^ ?"«""«» *« ^^
Ireland, and to bekni tl T,.' "^ ^''?''"'° "■«'
minatio;, "sM hSe ^V' oT 'f «"""' <'*'«'■
election. Each Bele'^t^^hX::!;:^^^ ^^^
Credential, Of SeTL .,"".• ™"'*'™g => <=«"«
flelegatea ^"4 , *"*, «'e«tion, which he shall
„, \, -•^ei^„:'i'»:rhe"K:eV^'
thVSiS'a't t"h f •''"H '^ th'e'lirhrof
tlm.k fitTprovided alta;TlL'''''"K '^ "" '''''"
Prowso: uo. be tia^%rg'';'-7„V''''"
rum for diocft n;.^«« i -^ c>j^noa of anr
Procosdinga o in
heretofore had- ~- '*".P'"0<:ee.,• fh^ nm^prnment of Canada^ and it is
hereby enacted by the authority of the same.
That the Lord Bishop of the said Diocese of
29
Quebec, the Lord Bishop of Montreal, or the Bi-
shop administering the said Diocese for the time
being, and William Smith, Andrew W. CochraD,
Henry Jessop, Henry J. Noad, John Racey,
Jnmes H. Kerr, David Burnet, W. H. Leay-
craft, John M. Fraser, the Rev. C. L. F. Haen-
sel, George Hall, James Bolton, the Reverend
George Mackie, the Reverend Edward Cusack,
Robert Symes, the Reverend Edmund W. Se-
well, Wm. Price, Noah Freer, Edward Bowen,
John G. Irvine, Hammond Gowen, Sir James
Stuart, Baronet, Matthew Bell, William Philips,
Henry LeMesurier, Junior, Edward L. Montiz-
ambert, Thomas Trigge, Peter Paterson, George
B, Hall, James Turnbull, William Stevenson,
James B. Forsyth, Alexander D. Bell, James
Dyke, William Bowes, R. M. Harrison, H. S.
Dalkin, Edward Boxer, Archibald Campbell,
Charles Secretan, James McKenzie, E. P. Wool-
rich, George H. Parke, Samuel McCaulav, Jamei
J. Loundes, G. Newton, Charles Secretan, Tho-
mas Glover, Robert Daikers, H. W. Welch, and
such other persons as are now members of the said
Association of the Diocesfe of Quebec, according
to the existing Constitution, Rules and Regula-
tions thereof, and their successors, to be elected
in the manner hereinafter provided, and such other
persons as shall from time to time here-
after be 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 Politicf in name and
in deed, by the name of "The Church Society of
the Diocese of Quebec ;" and that the Lord Bi-
shop of Toronto, the Venerable George O'Kill
Stuart^ Robert Simpson Jameson. Levius Peter
Sherwood, James B. Macaulay, Jonas Jones,
r
If
30
Christopher Alexander Hagerman, Peter Boyle
DeBIaquiere, William Henry Draper, John Sim-
coe Macaulay, James Gordon, John Boulton, John
Solomon Cartwright, D^Arcy Boulton, Mahlon
Burwell, John B. Askin, Thomas Mercer Jones,
Frederick Widder, William B. Jarvis, Henry
Huttan, Joseph Wells, Walter Boswell, Zacheus
Burnham, T. A. Stewart, William Dickson, James
Kerby, William Allan^ George Crookshank, R.
C. Wilkins, Philip Vankougbnet, Gerrard Lloyd,
John Macaulay, Sir Allan Napier MacNab, Guy
C. Wood, George Salmon, Hanry Sherwood, and
such other persons as are now members of the
said Association of the Diocese of Toronto, ac-
cording to the existing Constitution, Rules and
Regulations thereof, and there successors, to be
elected in the manner hereinafter provided, and
such other persons as shall from time to time here-
after be elected to be members of the said Asso-
ciation in the manner hereinafter provided, shall
be and are hereby declared to be a Body Corpo-
rate and Politic, in name and in deed, by the name
of "The Church Society of the Diocese of Tor-
onto," and that by the^ame names the said asso-
ciations shall each have a perpetual succession an;
a Common Seal, with power to change, alter,
break, or make new the same, as often as they
shall judge expedient, and that they and their suc-
cessori 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 df Judicature within this Province ;
and that they, and their successors, by the names
aforesaid, shall be able and capable in law respec-
tively, to purchase, take, have, hold, receive, en-
joy, possess and i etain, without license in mortmain,
or Lettrcs (rA7nortisseme?it, all messuages, lands,
31
tenemeats, and immovable property, money, goods,
chattels, and movable property, which have been
or hereafter shall be paid, given, granted, pur-
chased, appropriated, devised or bequeathed in any
manner or way whatsoever, to, for, and in favor of
the said Church Socielies, respectively, to and for
the uses and purposes aforesaid, or any of them,
and to do, perform, and execute all and every
lawful act and thin^ useful and necessary for the
purposes aforesaid, m as full and ample a manner,
to all intents, constructions and purposes, as any
other Body Politic or Corporate by law may or
ought to do.
t^ II. And be it enacted, that all lands, messu-
ages, tenements, hereditaments, or immovable pro-
perty, and all rents, sum and sums of money,
charged upon and issuing or payable out of any
lands, messuages, tenements, hereditaments, or im-
movable property, as aforesaid, and all sums ot
money, goods, chattels, effects, or movable proper-
ty, which have been or shall hereafter be paid,
given, granted, purchased, appropriated, devised,
or bequeathed in any manner or way whatsoever,
to, for, or in favour of the said Corporations, re-
spectively, to and for the uses and purposes afore-
said, shall be, and the same are hereby vested in
the said Corporations, respectively, to and for the
uses and purposes aforesaid in such manner and form,
and subject to such by-laws, rules, and regulations,
asmay be made and passed by the said Cor-
porations, respectively, concerning the same, in
the manner hereinafter provided : And that the
said Corporations, or the Central Boards
thereof, or such other Executive and Man-
aging Committees thereof as shall from time to
'nj-T pus irvis\i
by the by-laws, rules and regulations, which may
I)'
¥
S !
be made and passed in the luauner hereinafter
mentioned, for the government of the said Corpo-
rations, shall, respectively have power and autho-
rity to alienate or exchange, and to demise, let
and lease for any terms of years, such messuages,
lands, tenements, hereditaments, and immovable
property, as shall be s as aforesaid given, grant-
ed, purchased, appropriated, devised, or bequeath-
ed to the said Corporations, respectively, tor all
or any of the purposes aforesaid, and to have, re-
ceive and take the purchase money, consideration,
or price, rents, issues, or profits thereof: Provided
always, that the said Corporations, or Central
Boards thereof, or such other Executive or Man-
aging Committees, as aforesaid, shall, respectively,
have, receive, take, and hold, such purchase money,
consideration or price, lents, issues or profits, ior
the uses and purposes hereinbefore mentioned and
set forth, or some or one of them, and for none
other. , , . - ^
III. And be it enacted, thit the said Corpora-
tions, and their successors, shall and may, respec-
tively, from time to time, hold assemblies and
meetincrs of the said Corporations, which shall be
calle■
I
I.
Hi
i
ill
34
or of any Body Politic or Corporate, such only
excepted as are hereinbefore mentioned and pro-
vided for.
VII. And be it enacted, that this Act shall be
deemed a Public Act, and shall be judicially taken
notice of as such by all Judges, Justices of the
Peace, and other persons whatsoevre, without be-
ing specially pleaded.
*v
inly
ro-
CHURCII TEMPORALITIES ACT.
ibe
ken
the
be-
ANNO QUARTO ET QUINTO VICTORIA REGiN^.
.u rn^ *"*^^ provision for the management of
the renporalities of the United Church of
England and Ireland, in this Province, and for
other purposes therein mentioned.
[Royal Assent promulgated 3rd Dec. 184.1]
Whereas it is desired on behalf of the United
Church of England and Ireland, in the Province
of Upper Canada, that provision should be made
by law for the mternal management, by the
members of the said Church, of the Temporalities
thereof, and also for allowing 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 Assembly of the Province of Upper
Canada, constituted and assembled by virtue of
and under the authority of an act passed in the
Parliament of Great Britain, entitled « An Act to
repeal certain parts of an Act passed m the
fourteenth year of His Majesty's Reign, entitled
An Act for making more effectual provision for
the Government of the Province of Quebec, in
North America, and to make further provision
for the Government of the said Province,* " and
by the authority of the same, That from and after
the passing of this Act, the soil and freehold of all
Churches of the Communion of the said United
Church of Enaland and Tr<»lnnr1 nniw ^^ <„J
Hereafter to be erected in the said Province, and
»'i(iaBi'iftwi'*er-
son so appointed or nominated shall hold the said
38
»
.ii
office until the next annual election.
VI. And be it further enacted by the authority
aforesaid, That such Churchwardens so to be
elected and appointed as aforesaid, shall, during
their term of office, be as a Corporation to repre-
sent the interest of such Church, and of the
members thereof, and shall and may sue and be
sued, answer and be answered unto, in all manner
of suits and actions whatsoever, and may prose-
cute, indictments, presentments and other criminal
proceedings, for and in respect of such Churches
and Churchyards, and all matters and things
appertaining thereto, and shall and may in con-
junction with the Rector or Incumbent, make and
execute faculties, or conveyances, or other proper
assurances in the Law, to all Pewholders holding
their Pews by purchase, or leases to those holding
the same by lease, and shall nnd may grant certi-
ficates to those who shall have rented sittings ;
such Conveyances, Leases and Certificates, to be
given within a reasonable time after demand
made, and at the charge of the person applying
for the same ; and further, it shall be the du^ of
such Churchwardens from time to time to sell,
lease and rent, Pews and Sittings, upon such terms
as may be settled and appointed at Vestry meet-
ings to be holden for that purpose as hereinafter
provided : Provided always, that any such sale,
lease or renting, shall be subject to such rent-
charge or other rent as may, from time to time,
be rated and assessed in respect thereof, at such
Vestry meetings.
VII. And be it further enacted by the authori-
ty aforesaid. That in case of the absolute purchase
of any Pew in any such Church as aforesaid, the
same shall be construed as a Freehold of Inheri-
tance not subject to forfeiture by change of resi-
^ w
4 H
39
(lence or by discontinuing to frequent the same,
and the same may be bargained, sold and assigned
to any purchaser thereof, being a member of the
Church of England ; and such purchaser, pro-
yided the same be duly assigned and conveyed to
him, shall hold the same with the same rights, and
subject to the same duties and charges, as the
origmal purchaser thereof.
VIII. And be it enacted by the authority
aforesaid, That any Pewholder, whether by pur-
chase or lease, and any person renting a Pew or
Sitting, shall and may during their rightful pos-
session of such Pew or Sitting, have a right of ac-
tion against any person injuring the same, or dis-
turbing him or his family in the possesssion there-
of.
IX. And be it further enacted by the authority
aforesaid, That such Churchwardens so to be ap-
pointed as aforesaid, shall yearly and every year,
within fourteen days after other Churchwardens
shall be nominated and appointed to succeed them,,
deliver in to such succeeding Churchwardens a
just, true, and perfect account in writing (fairly
entered in a book or books to be kept for that
purpose, and signed by the said Churchwardens,)
of all sums of money by them received, and of all
sums rated or assessed, or otherwise due and not
received, and also of all goods, chattels, and other
property of such Church or Parish in their hands
as such Churchwardens, and of all monies paid by
such Churhwardens so accounting, and of all
other things concerning their said office, and shall
also pay and deliver over all sums of money,
goods, chattels, and other things, which shall be in
their hands, unto such succeeding Churchwardensj
which said account shall be verified by oath belore
one or more of Her Majesty's Justices of the
/
X
40
Peace, who are hereby authorized to administer
the same ; and the siii book or books shall be
carefully preserved by such Churchwardens, and
they shall and are hereby required to permit any
member of such Vestry as aforesaid, to inspect
the same at all reasor ible times, paying one shil-
ling for such inspection, and in case such Church-
wardens shall make default in yielding such ac-
count as aforesaid, or in delivering over sush mo-
ney, goods, or other things as aforesaid, it shall be
in the power of the succeeding Churhwardens to
proceed against them at Law for such default, or
to file a bill in equity for discovery and relief; and
in case of the re-appointment of the same Church-
"wardens, then such account as aforesaid, shall in
like manner as is aforesaid, be made and ren ered
before an adjourned meeting of such Vestry, four-
teen days after such re-appointment.
X. And be It further enacted by the authority
aforesaid. That it shall be in the power of the In-
cumbent of any such Parsonage, Rectory, or Par-
ish as aforesaid, or of the Churchwardens thereof,
to call a Vestry Meeting whenev r he or they
shall think proper so to do, and it shall be his and
their duty so to do, upon application being made
for that purpose in writing by six at least of the
members of such Vestry as aforesaid ; and in case
upon such written application being made as afore-
said, such Incumbent and Churchwardens shall re-
fuse to call such meeting, then one week after such
demand made, it shall be in ihe power of any six
of such member of the vestry to call the same by
notice to be affixed on the outer Church door (or
Church doors where more than one), at least one
week previous to such intended meeting.
XI. And be it further enacted by the authority
aforesaid, That in all Vestry Meetings, the Rec-
4 H
41
4 M
tor or Inciunbeut of the Church shall preside as
Chairman when present, and in^his absence, such
person as the majority present at such meeting
shall name ; and the Vestry Clerk, when there is
one, and present, or in case there be no A'estry
Clerk or he be absent, then such person as the
Chairman shall name, shall be Secretary of such
Vestry Meeting, and the proceedings of such Ves-
try Meeting shall be entered in a book to be kept
for that purpose, and preserved in the custody of
the Churchwardens.
XII. And be it further enacted by the authori-
ty aforesaid, That the rent-charge to be paid
upon Pews holden in freehold, and the rent to be
paid for Pews and Sittings in Pews leased or
rented, shall be regulated from time at such Ves-
try Meetings as aforesaid : Provided, neverthe-
less, that no alterations shall be made therein, ex-
cept at Vestry Meetings called for such special
purpose, and so expressed in the notice calling the
same ; and further, that the charges to be made
in respect of such conveyances, leases, and certifi-
cates, shall in like manner be regulated at such
Vestry Meetings as aforesaid.
XIII. And be it further enacted be the au-
thority aforesaid. That the Clerk of the Church,
tiie Organist, the Vestry Clerk, the Sexton, and
other subordinate servants of the Church, shall be
nominated and appointed by the Churchwardens
for the t'me being, and that their salary and
wages shall be brought into the general account,
to be rendered as aforesaid by such Church-
wardens.
XIV. And he it further enacted by the author-
ity aforesaid, that the fees on Marriages, Baptisms,
„„j _ii : ^c *.i,^ r'U,. — i, ^c *u« i:u^
UnU ULiiCI SCI >IUC3 UI (.UC V^iiUIUU UI LHC I1& C
nature, and the charges payabb on breaking the
42
ground in the Cemetries or Church Yards, and in
the said Churches for burying the dead, shall be
regulated by the Ordinary, or in case of there
being no Ordinary, by the Bishop of the Diocese.
XV. And be it further enacted by the authority
aforesaid, That it shall be in the power of the
Members of such Vestries, at such Vestry Meet-
ings as aforesaid, to make By-Laws for the regu-
lation of their proceedings, and the management of
the Temporalities of the Church or Parish to
which they belong, so a -dm« may not be re-
pugnant to this Act, noi ^irary to the Canons
of the said United Churcn of England and Ire-
land.
XVI. And be it further enacted by the authority
aforesaid, That any deed or conyeyance of land,
or of personality, that may be made to any Bishop
of the said Church, in the said Province, and to
his Successors, for the endowment of his See, or
for the general uses of the said Church, as such
Bishop may appoint, or otherwise, or for the use
of any particular Church then erected, or thereaf-
ter to be erected,'or for the endowment of a Par-
sonage, Rectory or Living, or for other uses or
purposes appurtenant to such Church in general,
or to any particular Church or Parish, to be
named in such deed, and any such deed or convey-
ance, to any Parson, or Rf-ctor, or other Incum-
bent, and his Successors, lor the endowment of
such Parsonage, Rectory, or Living, or for other
uses or purposes appurtenant thereto shall be valid
and effectual to the uses and purposes in such deed
or conveyance to be mentioned and set forth, the
Acts of Parliament, commonly called the Statutes
of Mortmain, or other Acts, Laws, or usages, to
the ^contrary thereof notwithstanding; Provided
always, that in order to the validity of such deeds
t^
If*-
43
and conveyances, the same shall be made and
executed six months at least before the death of
the person conveying the same, and shall be regis-
ter ed not later than six months after his decease.
iu * r ..^L'^^"''^^^^ ^"^^te^ by the au-
thority aforesaid, That m the event of any person
or persons, bodies politic or corporate, desiring to
erect and found a Church or Churches, and to en-
dow the same with a sufficiency for the mainte-
nance of such Church and of Divine Service
therem according to the rites of the said Church
of England and Ireland, it shall and may be law-
ful for him or them, to do so, upon procuring the
License of the Bishop, under his hand and seal, for
that purpose ; and thereupon, after the erection of
a suitable Church, and the appropriation by the
ounder thereof, of such Church so erected, and of
lands and hereditaments, or other property, ade-
quate to the maintenance thereof, and of an In-
cumbent, and adequate to the usual and ordinary
charges attendant upon such Church, such provi-
sion being made to the satisfaction of the Bishop
such I ounder, his Heir and Assigns, being mem-
bers of the said Church of England, or such body
politic or corporate, as the case may be, shall have
the right of presentative to such Church, as an
adFowsou in fee presentation, according to the
Rules and Canons ot the said United Church of
Jingland and Ireland.
XVIII. And be it further enacted by the au-
thority aforesaid. That nothing in this Act con-
tamed shall extend, or be construed to extend in
m any manner, to confer any Spiritual Jurisdic-
tion or Ecclesiastical Rights whatsoever upon
any Eishop or Bishops, or other Ecclesiastical
rerson, or of the said Chnrch, in the ^aid Pro-
vince of Upj)er Canada.
AN ACT
To authorize the Sale or Lease of Lands in
Upper Canada, held in Trust for the use
of Congregatio^is or Religious Bodies.
[Asse7itcd to 19th May, 1855.]
WHEREAS Grants of Land have frequently
been made by the Crown to Trustees, and Lands
have in many instances been acquired by purchase
and by Donations from individuals for the use of
various Congregations and Religious Bodies in
Upper Canada, and such Congregations and Reli-
gious Bodies are unable to manage such Lands
advantageously from the want of power to bind
the Successors of any Trustees entering into
agreements for leasing or otherwise disposing of
such portions thereof as may not be immediately
required for the use of the respective Congrega-
tions or Religious Bodies, and it is expedient to
grant such power and authority : Be it therefore
enacted by the Queen's Most Excellent Majesty,
by and with the advice and consent of the Legis-
lative Council and uf the Legislative Assembly of
the Province of Canada, constituted and assembled
by virtue of and under the authority of an Act
passed in the Parliament of the United Kingdom
of Great Britain and Ireland, and intituled An
Act to re-unite the Provinces of Upper and.
Lower Catiada, and for the Government of
Canada, and it is hereby enacted by the authori-
ty of the same :
I. That the Grantees named in any Letters
Patent from the Crown or the Survivors or Sur-
vivor ot them, or the Trustees for the time being
appointed in manner prescribed in such Letters
Patent, and the Trustees entitled
f*
to
r^
45
hold any Lands in Trust for the use of any Con-
gregation or Religious Body for the time being,
shall from and after the passing of this Act, have
full power and authority to demise or lease .for
any term not exceeding Twenty-one years, any
Lands (held by them in Trust for the use and
benefit of theit respective Congregations or Reli-
gious Bodies or Societies, at such Rent and upon
such terms as they or a majority of them shall
df era reasonable and just, and that such Trustees
shall have authority to execute such Leases as
may be necessary for periods not exceeding
Twenty-one years, and to enter into any Cove-
nant or agreement therein, which sha'l bind their
Successors for the renewal of any such Lease or
Leases at the expiration of any or every term of
Twenty-one years for a further period or term of
Twenty-one years or lesser period, at such Rent
and on such terms as may then by the Trustees
for the time being be agreed upon with the Les-
see, his Heirs or Assigns, or for the payment to
the Lessee, his Heirs or Assigns, of the value of
any Buildings or other Improvements which may
at the expiration of any Term be on the demised
premises, and that the mode of ascertaining the
amount of such Rent or tie value of such im-
provements may be stipulated and agreed upon
and specified in such original Lease or Leases,
and such stipulation or agreement shall be binding
on the Trustees for the time being and may be
enforced by any Court of Law or Equity having
Jurisdiction in such cases.
II. Provided always that in any case m which
a majority of any such Grantees, or of the Sur-
vivors, or the Survivor, of them, or a majority of
may before the passing of this Act, have entered
■^"""""^
4-6
into an agreement or contract in writing, with any
person for the leasing of any portion of such landi
for any term of years, it shall and may be lawful
for such Grantees or the Survivors or Survivor of
them, or the majority of such Trustees for the
time being, to execute a Lease or Leases of the
land, for the unexpired portion of the term, and
with the conditions and stipulations mentioned in
such agreement or contract, although such term
or the unexpired portion thereof exceed twenty-
one years j and the execution of «uch a lease may
be enforced by the party having a right to claim
the same, his heirs or assigns.
Ill- And be it further enacted, that the Trus-
tees for the lime being entitled by Law to hold
Lands in trust for any Congregation or Religious
Body shall have power in their own names or by
any name or designation by which they may hold
such Lands, to sue or to distrain for any Rent in
arrear, and to take all such lawful ways and
means for the recovery thereof as Landlords in
other cases are now by law entitled to take to
enforce the payment of Rents.
IV. And be it further enacted, that nothing
herein contained shall be taken to confer on
Trustees any power to Lease or demise any
Lands without the consent of the Congregation or
Religious Body for whose use they hold the same
in trust, cignified by the votes of a majority of the
Members present at a meeting thereof duly called
for that purpose, nor any Lands which at the time
of making such lease may be necessary for the use
of ^the Congregation for which the same may be
held for the purpose of erecting a Church or
place of Worship or other Building thereon, or
for a Burial Ground for such Congregatiou.
V. And be it further enacted, that when any
ty»,
i
47
piece or parcel of Land held by Trustees for the
use of any Congregation or Religious Body shall
have become unnecessary to be retained for such
use by reason of other ground having been ob-
tained or from any other cause, and it shall be
deemed advantageous to sell such piece or parcel
of Land, it shall and may be lawful for the Trus-
tees, for the time being, to give Public Notice of
an intended Sale, specifying the premises to be
sold, and the time and terms of Sale, and after
pub ication of such notice in any weekly Paper
published m or near the place where the Lands
are situated, for four successive weeks, to proceed
to sell such Lands at public Auction according to
the terms of such notice, but the Trustees siiall
not be obliged to complete or carry into effect
such Sa e, It in their judgment an adequate price
shall not have bean offered for such Lands : and
that after such offer at Public Sale, the Trustees
may proceed to sell such Lands either by public
or private sale : Provided always, that a less sum
shall not be accepted at Private Sale than may
have been previously offered at Public Sale •
Provided also, that before any Deed shall be
executed m pursuance of any Public or Private
feale, the Congregation or Religious Body for
whose use the Lands have b. en held shall be duly
notified thereof, and the sanction of the Court of
Chancery shall be obtained for the execution of
such Deed.
.i,^K^".^m^ '* ^"^^^^^^ enacted, that it shall be
the duty of Trustees acting under the authority of
this Act on the first Monday in July in each
year, to -have prepared and open for the inspec-
tion of the Congregation or Religious Body
which they represent, or anv Mftmbpr flinm^f ^
full and detailed statement of all Rents which may
48
have accrued during the preceding year, and ali
sums of money whatever in their hands for the
use and benefit of such Conaregation or Religious
Bo«ly, which may have in any manner oeen
derived from the Lands under their control or
subject to their management, and also sheviing
the application of any portion ot such moneys, in
case any shall have been expendec^ in behalf of
their respective Congregations or Religious
Bodies.
VII. And be it further enacted, that the
Court of Chancery may in a summary manner, on
complaint on oath of any three Members of a
Congregation or Religious Body, of any misfeas-
ance or misconduct by or on the part of any
Trustees in the performance of duties authorized
by this Act, call upon such Trustees to give m an
account, and may enforce the rendering of such
account, the discharge of any duties, and the
payment of any moneys, so that such Congrega-
tion or Religious Body may have the benefit
thereof J and the said Court may compel such
Trustees, ia case of any misconduct, to pay the
expense of such application, or may award costs
to such Trustees in case such application shall be
made on grounds which the Court shall consider
inswfticient or frivolous or vexatious.