V. I, , y the sale of such lands for taxes, it iff necessary to define on whom the responsi- bility of the payment of such *^axes should rest. In all cases where wild land or waste lands are held, being unproductive, and the Incumbent deriving no benefit from them, the expense of maintaining such lands sliould be a cliarge ou the Parish or Church, for the benefit of which they are given ; and in all cases where any benefit or emolument is derived from any such piece or parcel of land l>y the Incumbent, or on his behalf, then the expenses of taxation should be borne by such Incumbent. PARTIES HOLDING CHURCH PROPERTY TO SEND STATEMENT TO CHURCHWARDENS. 7. That in accordance with the foregoing, the Church Society, or other parties holding real estate or other property in trust for ajiy particular Church or Parish, do send a statement of the came to the Churchwardens of auch Church or Parish, to be recorded as hereinbefore directed. APPENDIX D. THE CHURCH TEMPORALITIES* ACT. An Act to make provision for the manaffement of the Temporalities of the United Church of Emjland and Ireland, in this Proinnce, and for other 2mrpo8eH therein mentioned. [.3 Vict. cap. 74 ; Royal Assent promulgated 3rd December, 1841.] 1. From and after the passing of this Act, the soil and freehold of all Churches of the Communion of the said United Church of England and Ireland,* now erected or hereafter to l>e erected in the said Province, and of the church- yards and burying-grounds attached or belonging thereto respectively, shall be in the Parson or other Incumbent thereof, for the time being, and the possession thereof shall be in the Incumbent for the time being, and the Churchwardens to be appointed as hereinafter mentioned, by whatever title the same may now be held, whether vested in trustees for the use of the Church, or whether the legal estate remains in the Crown, by reason of no patent having been issued, though set apart for the purpose of such Church, church-yard or burying-ground : Provided always, that nothing herein contained shall extend to affect the rights of any other Church, or bodj' of Christians, to any landed property, or church now^erected, but that the same shall remain as if this Act had not been passed. PEW HOLDERS TO FORM A VESTRY. 2. All pew-holdere in such Churches, whether holding the same by purchase or lease, and all persons holding sittings therein, by the same being let to them by Churchwardens, and holding a certificate from the Churchwardens of such sittings, shall form a vestry for the purpose in this Act mentioned and declare>L *This Act applies to all Churches in communion with the Church of England, not simply to Parish Churches : Sanson v. Mitchell, 6 U. C. Chy. 582. 21 ORDINARY MEETINGS AND PROCEEDINGS OF VESTRY. 3. A meeting of such vestry shall be holdeu on Monday, in Easter week, in «ach and every year, after due notice thereof given during the Divine Seryice on the morning of Easter Sunday, for the purpose of appointing Churchwardens for the coming year ; and at such meeting one Churchwarden shall be nominated by the Incumbent of the parsonage or rectory to which the said Church belongs, and the other shall be elected by a majority of those present, and entitled to vote at auch vestry meeting as aforesaid.* Provided, nevertheless, that in case of such Incumbent declining or neglecting to nominate a Churchwarden, then both of the said Churchwardens shall, for the current year, be elected in the manner aforesaid ; and in case members of such vestry shall neglect to elect a Churchwarden, then both such Churchwardens shall, for the current year, be nominated by the Incum- bent ; Provided always, that if from any cause a vestry meeting shall not take place at the time specified, such appointment of Churchwardens may take place at any subsequent vestry meeting to be called in manner hereinafter provided ; and in the case of the death or change of residence to twenty miles or more from any such Church, of either of the said Churchwardens, a vestry meeting shall be there- upon called for the election, by the said vestry, of a new Churchwarden, in case the one deceased or removed had been elected by the vestry, or for the nomination of a new Churchwarden by the Incumbent, in case the one deceased or removed had been nominated by the Incumbent. QUALIFICATION OF CHURCHWARDENS. 4. No person shall be eligible to the office of Churchwarden, except members of the said Church, of the full age of twenty-one years, and who shall also be members of such a vestry. churchwardens' TERM OF OFFICE. 5. Such Churchwardens ahall hold their office for one year from the time of their appointment, or until the election of their successors, except in case of an appointment or nomination to fill up any vacancy occasioned by death or removal as aforesaid, and in such case the person so appointed or nominated shall hold the said office until the next annual election. POWERS OF CHURCHWARDENS. 6. Such Churchwardens, so to be elected and appointed as aforesaid, shall, during their term office, be as a corporation t to represent 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 manners of suits and actions whatsoever,! and may prosecute indictments, presentments, and other criminal proceedings, for and in respect of such churches and church-yards, and all matters and things appertaining thereto, and shall and may, in conjunction with the Rector or Incum- bent, make and execute facilities or conveyances, or other proper assurances in the law, to all pewholders holding their pews by purchase, or leases to those hold- ing the same by lease, and shall and may grant certificates to those who shall have *See, as to election of Churchwardens and persons entitled to vote, Tally v. Fairell, 23 U. C. Chy. 49. +See Andersm v. Worters, 32 U. C. C. P. p. 659 ; 47 Vict. cap. 89, post p. 26 ; McCkmghan v. Grey, 4 0. R. 329 ; McFeeters v. Dixon, 3 Chy. Chamb. 84. tSee Mai/nard v. Oamble, 13 U. C. C. P. p. 56, 467 ; McFeeters v. Dixon, 3 Chy. Chamb. 84. rented sittings ; such conveyances, leases, and certificates, to be given within a reasonable time after deniaml made, and at the cliarge of the person applying for the same ; and further, it shall be the duty 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 meetings to be holden for that purpose as liereinafter pro- vided ; Provided always, that any such side, lease or renting, sliall be sul)ject to such rent-charge or other rent, .as may from time to time be rated and assessed in respect thereof, at such vestry meetings. PURCHASE OF PEWS AS A FREKHOLD OF INHERITANCE. 7. In case of the absolute purchase* of any pew in any such church as aforesaid, the same shall be construed as a freehold ol inheritance not subject to forfeiture by change of residence, or by disccmtinuing to fre<]uent the same, and the same may be bargained, sold and assigned to any purchaser thereof, being a member of tlie Church of p]ngland ; and such purchaser, provided 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 original purchaser thereof. RIGHTS OF PEW-HOLDERS. 8. Any pew-holder, whether by purchase or lease, and any person renting a pew or sitting, shall and m ly during their rightful possession of such pew or sitting, have a right of action against any person injuring the same, or disturbing him or his family in the possession thereof, t ACCOUNTS OF CHURCHWARDENS OPEN TO INSPECTION. 9. Such churchwardens, so to be appointed 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 l)y the churchwardens,) of all sums of money by them received, anil 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 «nch churchwardens, and of all moneys paid by such churchwardens so accounting, md of all other things concerning their said office, and . ' ■'ll also pay and deliver over all sums of money, goods, chattels, and other things, l;ich sliall be in their hands, unto such succeeding churchwardens ; which said af^' 'nit shall be verified by oath before one or more of Her^ Majesty's Juf"^' ;s of th ^eace, who are hereby authorized to administer the same; and the saiv. ->k oi ooks shall be carefully preserved by such churchwardens, and they shall anci c. 1 eby required to permit any member of such vestry as aforesaid, to inspect the ss. ! at all reasonable times, paying one shilling for such inspection, and in cast ach churchwardens make default in yielding such account as aforesaid, or in deliver- ing over such money, goods or things as aforesaid, it shall be in the power of the succeeding churchwardens to proceed against them at law for such default, or to file a bill in equity for discovery and relief ; and in case of tlie re-appointment of the same churchwardens, then such account as aforesaid shall, in like manner as is aforesaid, be made and rendered before an adjourned meeting of such vestry, four- teen days after such re-appointment. *The words " absolute purchase" are considered and defined in Bklout v. Harrii, 17 U. 0. C. P. p. 88. tCase, not ejectment, is the proper remedy for disturbance of a pew. Ridout v. Harris, 17 U. C. C. P, p. 88. 23 EXTRAORDINARY MEETINOS OF VESTRY. 10. It shall be in the power of the incumbent of any such parsonage, rectory, or parish as aforesaid, or of the churchwardens thereof, to call a vestry meeting whenever he or they shall think proper to do so, 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 written application being made as aforesaid, such Incumbent and churchwardens shall refuse to call such meeting, then one week after such demand made, it shall be in the power of any six of such members of the vestry to call the same by notice to be affixed on the outer church door (or church doors where more than one), at least one week previous to such intended meeting. CHAIRMAN AND CLERK OF VESTRY MKETINQS. 11. In all vestry meetings, the Rector or Incumbent 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 vestry clerk, or he be absent, then such person as the chair- man shall name, shall be secretary of such vestry meeting, and the proceedings of such vestry meeting shall be er u'jred in a book to be kept for that purpose, and preserved in the custody of the churchwardens. REGULATION OF PEW RENTS. 12. 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 to time at such vestry meetings as aforesaid, provided, nevertheless, that no alterations bhall be made therein, except 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 conveyance, leases and certificates, shall in like manner be regulated at such vestry meetings as aforesaid. APPOINTMENT OF CLERK, ORGANIST, VESTRY CLERK, SEXTON, ETC. 13. The clerk of the church, the organist, the vestry clerk, the sexton, and other subordinate servants of the church, shall be nominated and appointed by the churchwardens for the time being, and their salary and wages shall be brought into the general account, to be rendered as aforesaid by such churchwardens. FEES FOR MARRIAGES, BAPTISMS, ETC. 14. The fees on marriages, baptisms, and other services of the Church of the like nature, and the charges payable on breaking the ground in the cemeteries or church-yards, and in the said churches, for burying the dead, sliall be regulated by the Ordinary, or in case there be no Ordinary, by the Bishop of the Diocese.* BY-LAWS OF THE VESTRY. 15. It shall be in the power of the members of such vesteries, at such vestry meetings as aforesaid, to make such by-laws for the regulation of their proceedings and the managements of the temporalities of the church or parish in which they belong, so as the same may not be repugnant to this Act, nor contrary to the canons of the said United Church of England and Ireland. * Resolution No. 133, in regard to Fees, passed by the Synod of the Diocese of Toronto, and approved by the Bishop, is as follows : " That with the sanction of the Lord Bishop, the following be adopted as the GRANTS OF LAND FOR CHURCH PURPOSES TO BK VALID. 16. Any deed or conveyance of land* or of personalty, that may be made to any Bishop of the said Church, in the said Provinces, 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 ucr to be erected, or the endowment of a parsonage, 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 conveyance, to any Parson or Rector, or other Incumbent, and his succe8sors,t for the endowment of su ch parsonage, rectory, or living, or for other uses or purposes appurtenant thereto, shall be valid and eflfectual to the uses and purpose* 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 and conveyances, the same shall be made and executed six month* at least before the death of the person conveying the same, and shall be registered not later than six months after his decease. CHURCH ENDOWMENT — BISHOP's LICENCE. 17. In the event of any person or persons, bodies politic or corporate, desiring to erect and found a church or churches, and to endow the same with a sufficiency for the maintenance of such church and of Divine Service therein, according to the rites of the said Church of England and Ireland, it shall and may be lawful for him or them to do so, upon procuring the licence 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 founder thereof of such church so erected, and of lands and hereditaments, or other property, adequate to the maintenance thereof, and of uu Incumbent, and adequate to the usual and ordinary charges attendant upon such church, such provision being made to the satisfaction of the Bishop, such founder, his heirs and assigns, being members of the said Church of England, or such body politic or corporate, as the case may be, shall have the right of presentation to such church, as an advowson in fee presentative, according to the rules and canons of the said United Church of England and Ireland. Table of Fees to be taken by Clergymen of the Church in the Diocese of Toronto for the following services : Marriages (including registration)^ $4 00 Burials, " " X 2 00 " " at a distance 3 00 Calling of Banns (payable in advance) 1 00 Baptisms (including registration)^ No fee. Churchings No fee. beyond the accustomed offering prescribed by the Prayer Book. Certificate of Baptism $1 00 " Marriage 1 00 " Burial 1 00 [(a), 1876, pp. 103, 151. See 1881, p. 70 ; 1875, p. 181.] *This includes a will. Doe dem Baker v. Clark, 7 U. C. Q. B. 44