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'v-r«tv^.x:.,z: ' 
 
 r.'- . ■ 
 
 ACT 
 
 OF TUB 
 
 LEGISLATURE OF QUEBEC, 
 
 38 Vic. Cap. 64, 
 
 RrcLLATlNG THE MANAGEMENT OF THE 
 
 TEMPORALITIES FUND. 
 
 AND 
 
 BY-LA^WS 
 
 ENACTED BV THE 
 
 Beneficiaries of theTemporalities Board 
 
 OF THE 
 
 f rf?h(tcviatt (Eluttch \\x Caitada. 
 
 Printed for the use of the Beneficfiiries. 
 
 tp • . -- 
 
 (x3l ' Montreal: 4; , , 
 
 PRINTED BY MITCIIKLL & WILSON, 192 ST. PETER STREET. 
 
 1876. 
 
 ---■^-:;^=^.-H.^..<.»',>-T^.i.i..< ... . — — ^ -r — —- ^r- ~ C^^ r^-.-— — : 
 
n 
 
 ^%^ry 
 
 //rf/h ^'4 
 
 /r- 
 
 ACT 
 
 OP THE 
 
 LEGISLATURE OF QUEBEC, 
 
 38 Vic. Cap. 64, 
 
 REGULATING THE MANAGEMENT OF THE 
 
 TEMPORALITIES FUND. 
 
 AND 
 
 BY-LA-^V^S 
 
 ENACTED BY THE 
 
 Beneficiaries of theTemporalities Board 
 
 OF THE 
 
 fmbtjt^rian (llittvcb in <!t!anad»» 
 
 Printed for the use of the Beneficiaries. 
 
 * Montreal : 
 
 •PRINTED BY MITCHELL & WILSON, 192 ST. PETER STREET. 
 
 1876. 
 
 iz^o (,6^1 
 
 ■m 
 
TEMPORALITIES BOARD. 
 
 Act of the Legislature of the Province of Quebec, 
 assented to 2jrd February, i8y^, under which 
 the Temporalities Fund is now administered. 
 
 38 Vict., Cap. 64. 
 
 WHKREAS by I'ctition it hatli been represented that the 
 vSynods of the Presbyterian rhureli of Canada in connec- 
 tion with the Church of Scotland, of the CHuirch of the Maritime Pro- 
 vinces in connection witli the Church of Scothmd, of the Presbyterian 
 Church of the Lower Provinces and the General Assembly of the 
 Canada Presbyterian (.'luirch have agreed to unite together, and to 
 form one body or denomination of Christians, under the name of 
 " The Presbyterian Churc h in Canada " and that the " 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 amendment thereto, require to be amended with 
 a view to such union j and in order to the carrying into effect of 
 certain resolutions passed by the Synod of the Presbyterian Church 
 of Canada in connection with the Church of Scotland with reference 
 to said Temporalities Fund, and for the protection of those interes- 
 ted in same. 
 
 Therefore Her Majesty, by and with the advice and consent of 
 the Legislature of Quebec, enacts as follows : 
 
 1. Notwithstanding anything in the said Act and amendment 
 or amendments thereto, from and after the time when the Moderators 
 of the aforesaid Churches negotiating for union shall have signed the 
 terms of union agreed upon, until all the present vested rights of all 
 ministers and probationers shall have ceased or lapsed, the said 
 Temporalities Fund shall remain as at present in the hands of a 
 Board, the membership of which shall be continued after the con- 
 
summation of union in the manner hereinafter provided ; and the 
 administration of the fiind shall continue on the same principles and 
 for the same purposes as at j)resent, until the vested rights of all 
 ministers and probationers shall have lapsed ; and these rights shall 
 be held to he the following : (i.) The annual receipt by ministers 
 now receiving four hundred and fifty dollars ($450), four hundred 
 dollars ($400), or two hundred dollars ($200), of the same amount 
 during their lifetime and good standing in the Church ; (2.) The 
 annual receipt of two thousand dollars ($2,000), in perpetuity, by the 
 Treasurer r.f Queen's College, for the use and benefit of the said 
 college , (3.) The annual receipt of two hundred dollars ($200) by 
 all the ministers who shall be on the Synod Roll and by all recog- 
 nized probationers and licentiates engaged in active service at the 
 time of the union, during the lifetime and good standing in the 
 Church of such ministers, probationers and licentiates ; all salaries 
 of two hundred dollars to be increased to four hundred dollars ($400) 
 each, when the recipients of them shall have retired or who have 
 already retired in the Province of Quebec, with the consent of the 
 Church, from the active duties of the ministry. The Temporalities 
 Board shall, if necessary, draw upon the capital of the fund in order 
 to meet the aforesaid requirements. So soon as any part of the 
 revenue accruing from said fund is not required to meet the payments 
 of said incomes and other vested rights in the fund, and expenses 
 therewith, the same shall pass to and be subject to the disposal of 
 said united Church ; and so soon as the fund, or any part of it, 
 shall no longer be required for these purposes, it shr.\, with the 
 exception of the aforesaid annual payment to Queen's College of two 
 thousand dollars ($2000), or the same capitalized (and the Board 
 shall have power at any time after the passing of this Act to capita- 
 lize the same and pay it over to the Treasurer of Queen's College 
 for the use and benefit of the said college), be appropriated to a 
 Home Mission Fund for aiding weak charges in the united Church. 
 
 2. Provided always, that all ministers and probationers inter- 
 ested or possessing rights in or to the said Temporalities Fund at the 
 time when such union may be carried into effect, who decline to 
 become parties to such union, or to enter into the said proposed 
 united Church, shall be entitled to all the pecuniary rights and claims 
 upon the said fund they would have enjoyed had they entered into 
 such union, that is to say, so long as they shall continue to be Pres- 
 byterian ministers in good standing within the Dominion of Canada, 
 whether in active service or retired ; provided that the successors of 
 ministers of congregations in the Province of Quebec, existing at the 
 
a 
 
 dec! ; and the 
 principles and 
 1 rights of all 
 ;se rights shall 
 t by ministers 
 four hundred 
 same amount 
 rch ; (2.) The 
 jetuity, by the 
 it of the said 
 liars ($200) by 
 i by all recog- 
 service at the 
 anding in the 
 es ; all salaries 
 I dollars ($400) 
 1 or who have 
 consent of the 
 : Temporalities 
 e fund in order 
 ny part of the 
 ,'t the payments 
 and expenses 
 the disposal of 
 my part of it, 
 shr.l, with the 
 College of two 
 and the Board 
 Act to capita- 
 Kieen's College 
 propriated to a 
 mited Church. 
 
 jationers inter- 
 ies Fund at the 
 who decline to 
 
 said proposed 
 ghts and claims 
 ly entered into 
 lue to be Pres- 
 kion of Canada, 
 le successors of 
 
 existing at the 
 
 time of the Union which do not enter into such union, shall retain 
 the same rights to the benefits of the Temporalities Fund which they 
 would have had if such union had not taken place, and the said 
 Board shall administer the said fund so as to protect their rights 
 until their said rights shall have respectively lajjsed and been extin- 
 guished ; Provided also, that nothing contained in this Act shall be 
 so construed as to deprive any professor in Queen's College of any 
 fight to participate in the said 'I'emporalities Fund to which, as a 
 minister of the Presbyterian Church of Canada in connection with 
 the Church of Scotland, he would have been entitled had he con- 
 tinued in the active duties of the ministry of the said Church. 
 
 3. As often as any vacancy in the Board for the management 
 of the said Temporalities Fnind occurs, by death, resignation or other- 
 wise, the beneficiaries entitled to tlie benefit of the said fund may 
 each nominate a person, being a minister or a member of the said 
 united Church ; or in the event of there being more than one vacancy, 
 then one person for each vacancy, and the remanent members of the 
 said Board shall thereupon from among the persons so nominated as 
 aforesaid, elect the person or number of persons necessary to fill such 
 vacancy 01 acancies, selecting the person or persons who may be 
 nominated by tlif largest number of beneficiaries to nominate as 
 aforesaid, the remanent members of the Board shall fill uj) the 
 vacancy or vacancies from among the ministers or members of the 
 said United Church. 
 
 4. The said Board of Management shall, within twelve months 
 after the passing of this Act, call a meeting of the said beneficiaries 
 at such time and place as may be found most convenient, and at such 
 meeting the said beneficiaries shall have power to make by-laws 
 regulating all matters relating to the mode in which notice of vacan- 
 cies occurring as aforesaid shall be given to them, the time within 
 which such notice shall be given, the form of nomination papers, the 
 time after receiving notice of a vacancy within which the same are to 
 be sent in, the person or persons to whom the same shall be sent 
 and by whom the same shall be opened, the recording the result of 
 such nominations and of the elections consequent thereon, and 
 all other matters relating to or affecting such nominations and elec- 
 tions. 
 
 5. The Board of Management of the said Temporalities Fund 
 shall once in each year transmit by post to each beneficiary a printed 
 statement of the affairs of said fund, and a report of the proceedings 
 of the Board for the preceeding year containing such information as 
 
may be required by the by-laws to be passed, as liereinafter pro- 
 vided. 
 
 6. The books and affairs of the said Board shall be audited 
 once in eiu:h yc:ir by auditors appointed by the beneficiaries, in 
 manner hereinafter provided. 
 
 7. At the meeting to be called and held pursuant to section 4, 
 the beneficiaries may make by-laws regulating the appointment of 
 auditors, and all matters relating to the audit of the alTairs of the 
 fund, and to the annual statenu-nt and report to be made under 
 section 5. 
 
 8. The jrd section of this Act shall continue in force until the 
 number of bciicficiarlLS is reduced below fifteen ; and so soon as the 
 number is reduced below fifteen, the said Hoard shall be continued 
 by the remanent members filling up any vacancy or vacancies from 
 among the ministers or members of the united Church, and the audi- 
 tors shall in like manner be appointed by the said Hoard. 
 
 9. All j)iovisions contained in any previous Act or amend- 
 ment inconsistent with the provisions of this Act, relating to the 
 said Hoard for the management of the Temporalities Fund are hereby 
 repealed. 
 
 10. I'his Act shall come into force so soon as a notice shall 
 have been published in the Quebec Official Gazette that the Articles 
 of such union have been signed by the Moderators of the said res 
 pective Churches. 
 
 11. This Act shall be deemed a public Act. 
 
icficiarifs, in 
 
 BENEFICIARIES 
 
 or TIIK 
 
 TEMPORALITIES BOARD. 
 
 B Y-LA^A/^S. 
 
 At a meeting of the Ueneficiuries of the 'I'einporalities Board, 
 
 iuly convened and held in St. Paul's Church, Montreal, on Wednes- 
 
 iay the second day of February, 1876, in i.onformity with the pro- 
 
 irisions of the Act of the Province of Quebec, 38 Vic. Chap. 64, 
 
 intituled an Act to amend the Act intituled " An Act to incorporate 
 
 the Hoard for the Management of the Temporalities Fund of the 
 
 l^resbyterian Church of Canada in connection with the Church of 
 
 icothnd." - A sse//feJ to 2jn/ Fchntary, rSy^^-^nd pursuant to notice 
 
 ^rom the Chairman of the rcmporalitics Hoard, the Rev. John H. 
 
 [ackerras was api)ointed CJhairinan of said meeting, and the Rev. 
 
 fames Patterson was appointed to act as .Secretary. 
 
 'i'he meeting having been constituted with i)rayer, the Secretary 
 read the said Act of Parliament. He:ilso read the circular from the 
 'hairman of the Temporalities Hoard which is as follows: — 
 
 TKMI'(U<A1.ITII-.S BoAKl), 
 
 NfoNriM-AI, -Mst January, 1876. 
 Dkau Sir, 
 
 In conformity with tlie provisions of the .\cl of tlie Province of (Quebec, 
 j8 Vic. Cap. 64, and in compliance with a resolution of the Temporalities Doard, 
 hereby summon a meeting of the iJenelleiaries of the Temporalities Fund to be 
 leld in the School-room of St. Paul's C'hurch, on Wednesday the second day of 
 •"ebruary next, at noon, for the purpose of adopting a Code of By-laws Hw the 
 |[uidance of the Uenefieiaries and the transaction of other competent business. 
 
 WI!-1,IA>[ DARLING, 
 
 Chairman. 
 
6 
 
 : 
 
 The following By-lavs were then, under authority of the said Act, 
 agreed to unanimously and passed. 
 
 I. 
 
 Within ten days after the occurrence of a vacancy in the Board 
 of Management of the Temporalities Fund shall have come to the 
 knowledge of the Secretary to the Board, he shall cause to he mail- 
 ed to each Beneficiary an intimation of the same, duly registered, and 
 shall enclose therewith a paper for the nomination of a person to fill 
 the vacancy, which paper shall be returnable to the Secretary of the 
 Board not later than forty days from the date of his intimation. 
 Unless the nomination paper, duly dated and signed, be in the pos- 
 session of the Secretary of the Temporalities Board within forty days 
 from the time of issuing his intimation of said vacancy, such nomin- 
 ation shall not be taken into account. 
 
 II. 
 
 The intimation of a vacancy by the Secretary may be in the fol- 
 fowing form : 
 
 To the Rev. , 
 
 Sir, 
 
 A vacancy having occurred in the Board of Management 
 of the Temporalities Fund by the death [or resignation, removal or 
 
 otherwise] of the Rev. , [or Mr. ], I enclose a 
 
 paper for the nomination of a Minister [or other member as the case 
 may be] of the Presbyterian Church in Canada to fill the said va- 
 cancy. You will please insert in the blank left for the purpose the 
 name of the person you may wish to nominate, and take notice that 
 your nomination will be oi no account unless the nomination paper 
 now enclosed, after being duly dated and signed by you, be in my 
 office within forty days after the date o(- issuing this intimation. 
 
 Dated 
 
 Signed 
 
 Secre/ary- Treasurer, Temporalities Board. '% 
 
 .^Hbh* 
 
 mmm. 
 
of the said Act, 
 
 III. 
 
 The nomination paper to be enclosed with the Secretary's inti- 
 mation may be in the following form : — 
 
 I hereby nominate , to fill the vacancy in the 
 
 Joard of Management of the Temporalities Fund caused by the death 
 [or resignation, removal or otherwise] of- 
 
 Dated at 
 
 Signature -- 
 
 In the Province of 
 
 fchis day of- 
 
 -i8 
 
 • IV. 
 
 In the event of there being two or more vacancies at the same 
 jtime, the Secretary to the Temporalities Board shall issue a separate 
 itimation and nomination paper for each such vacancy. 
 
 nay be in the fol- 
 
 The Secretary to the Temporalities Board shall open the nomin- 
 
 |ltion papers addressed to him, and in a book prepared and kept 
 
 )r the purpose, shall enter in the order in which the papers shall be 
 
 Dpened the names and residences of the Beneficiaries returning 
 
 khem, the dates of receipt, and the persons nominated. 
 
 toralities Board. 
 
 VI. 
 
 The Secretary shall, within ten days after the expiry of the 
 
 )rty days within which said nomination papers must be filed, call a 
 
 leeting of the Executive Committee of the Board of Management 
 
 >f the Temporalities Fund, and such meeting shall examine and 
 
 |erify the nomination papers received by the Secretary and the re- 
 
 )rd of the same as made by him, and shall by resolution determine 
 
 id elect the person entitled to fill said vacancy, selecting •^^he 
 person or persons nominated by the largest number of Beneficiaries, 
 
 id such person or persons shall forthwith, and from the time of said 
 Ifesolution, become a member or members of said Board ; always 
 provided that, in the event of a tie occurring between two or more 
 persons nominated, the said Executive Committee shall report the 
 let and all details connected therewith to the Board of Manage- 
 
 lent, who shall determine by resolution which of said two or more 
 bars ">ns shall be chosen and elected members of said Board. 
 
8 
 
 VII. 
 
 At the first meeting of th(; Board of Management after the time 
 for receiving nomination papers from the Beneficiaries shall have ex- 
 pired, the Secretary to the Board shall report the result of the nomin- 
 ations, and the same, together with the election or elections by the 
 Board conseciucnt thereon, shall form part of the minutes of the 
 meeting. 
 
 VIII. 
 
 The Secretary to the Board of Management of the Temporali- 
 ties Vund shall each year, and within twenty days after the meeting 
 of the Board in May, transmit l)y post to each Beneficiary a state- 
 ment of the financial affairs of the Board, a schedule of the invest- 
 ments, an account of the revenue and expenditure, and of the pay- 
 ments to M inisters during the then i)ast year, together with a report 
 of the proceedings of the Board for the year, similar to the state- 
 ments and reports heretofore annually rendered by the Board, and, 
 specinlly, making mention of any changes that may have occurred in 
 the membership of the Board during the year preceding. 
 
 IX. 
 
 Messrs. James Mitchell and Alexander McPherson, both of the 
 City of Montreal, are hereby appointed Auditors of the Books and 
 Affairs oi' the Board for the management of the Temporalities 
 Fund. 
 
 X. 
 
 In the event of a vacancy in the Auditorship occurring from any 
 cause, tlie vacancy shall be filled in the same manner as a vacancy 
 occurring in the Board of Management for the Temporalities Fund. 
 
 XI. 
 
 The Chairman of the Temporalities Board shall call a meeting 
 of the Beneficiaries, when re(iuested to do so by a requisition signed 
 by not less than ten of their number — which meeting shall be held 
 not less than thirty or more than forty days from the time of issuing 
 notice of such meeting, and at such meeting and all other meetings 
 of the Beneficiaries, fifteen shall constitute a quorum. 
 
t after the time 
 5 shall have ex- 
 t of the nomin- 
 iections by the 
 minutes of the 
 
 the Temporali- 
 ter the meeting 
 leficiary a state- 
 e of the invest- 
 md of the pay- 
 er with a report 
 lar to the state- 
 :he Board, and, 
 ave occurred in 
 
 ion, both of the 
 
 the Books and 
 
 Temporalities 
 
 urring from any 
 ;r as a vacancy 
 Doralities Fund. 
 
 I call a meeting 
 quisition signed 
 ig shall be held 
 ! time of issuing 
 other meetings