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PW«^ a^lwC* Mt^/kja I
iiiliVir&^
DIRECTIONS,
AND
FORMS FOR DEEDS,
TO BE TAKKN UNDER TII£
€i)nnl) ^tm^ovaVxiUs ^tt,
Srd Vic. Ch. 74.
COBOtTBG:
l^BXNTZD AT THE DIOCESAK PRZSS,
For the CHURCH SOCIETY of the DIOCESE OF TORONTO ;
And Sold at their ni
»ltory. 144, King Street,
TOUOIVTO.
MDCCCXLIV.
[,Pnce One Sfiilling and Three jPcncc]
1
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B.'b^y <^
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XlOC VMrOOPOtKKilXIII
I
iot)eooiiQSlQm3BStiaSBiSS\
irection?, Set
TRUSTS
AUTHORIZED BY THE CHURCH TEMPORAtmBS ACT.
The Churcli Temporalities Act (Statutes of Upper Ca-
nada, ♦a Vic. ch. 74.) in its 16th Section, makes valid any
deed, or conveyance of land, or of personalty that may be
made to any Bishop of the United Church of England and
Ireland in Upper Canada, and to his Successors, for any
of the following purposes;—
Ist. For the endowment of his See.
2nd. For the general uses of the Church in Upper Ca-
nada, as the Bishop to whom the deed shall be given,
and his Successors may appoint; or as may be ap-
pointed otherwise in the deed, (that is, for the gene-
ral uses of the Church in Upper Canada,) to be applied
under such prticnlar direction as may be given in the
deed, and not in the general discretion of the Bishop.
8rd. For the use of any particular Church (in Upper
Canada,) erected at the time of the deed being made,
—and this, it is conceived, may by reasonab.e and
proper construction be divided, as the preceding head,
into two; namely, to be applied towards the support
of that Church in such UJanner as the Bishop to whom
the deed shall be given may direct j or to be applied
towards the support of such Church otherwise than
at the discretion of the Bishop, and under such par-
ticular direction is may be inserted in the deed,
• The St^^tliwrreferred to ai a Statute of 3 Vjc Chap. 74,
bccBuie it U nurntjered with the stitutes of the SeMion tn that year ,
but It is truly referred to in the Deed, as paiied In the oth Vic, m
which ynt it received the Koyal Auent.
iaS8KS^»<»SasaB»sMsszs2z?«i
4tb. For the use cf any particular Church to be o/ftr*
wards erectid in Upper Canada, to be applied toi^ardi
the support of such Church, as the Bibhop to whom
the deed shall be given and hi? Successors may direct;
or to b(> applied towards the sitpport of such Church
Otherwise tlian at the tliscittinn of the Bishop, and
vnder such particular diix'cttuu as may be inserted ib
the deed.
5th. For tliL* endowment of a pnrsonape, rectory, or
living, to be apjiUtd (as it is rdnccived) to that object,
tjnder the dirtttion < f the IJisl.op, unlejs other pro-
vision fi>r the :){)prt<)iriailon ot the runts and profits
shall be nini!e in the deid.
6th. For other uses or purposes appurtenant to the
Church in rfijur t'-,inncia; tliat is for some specified
use or purjosc, nr ujos or piuptst's pirtainirg to the
Cburvli f^vrn'rally,— the procvcils to be apptiid in
promoting thatobjocN in the uiscrciinnof the Bishop,
unless other provision i^hull be made iu the deed.
7tb. For other uses or purposes appurtenant to any par-
ticular Church (in Upper Canada,) to be named in
such deed ; that is, fur sotne KpcciHed use or purpose,
or uses or purposes pertaining to such particular
Church,— the proceeds to be applied in promoting
such uses or purposes, according to the discretion of
the Bishop, to whom the conveyance shall be made,
unless other provision shall be made in the deed.
8th. For some use or purpose appurtenant to some par-
ticular parish (in Upper Canada,) which use or pur-
pose should be specified in the deed, and should be
some use or purpose connccte of.
in'the District of. »° «*»« said
Province of Canada, containing
be the same more or less, and being composed of.
which said Parcel or Tract of Land
is bounded and described as follows, that is to say:
subject to th« reservations and conditions expressed in
the original grant of the said Land from the Crovrn.
^Oactl)Cr ve\\\x CiW and singular the appurtenances
to the said Parcel or Tract of Land belonging: Co Habe
«nb to !)OlB the said Parcel or Tract of Lund and Premi-
ses, with their appurtenances, unto the said John, Lord
Bishop of Toronto, and liis .Sutrcessors, for ever, to the
uses and upon the trusts following, that is to say:
IHere insert tlte Trusta."]
i
;
lAi^iM
.
1
atll> the Mid .««*
hereby lor hlmseli; hie Heire, Executors and Adminis-
tratori, covenant with the said John, Lord Bishop of
Toronto, and his Successors, that the said »
and every pcrnon righifully claiming, or
to claim, any interest at law or in equity in the said
Premises, or any part thereof, under or in trust for Lsm
or his Heirs, shall at all times hereaOer, on every rea-
ionable request, and at the s.4e expense in all tliingo of
the said John, Lord Bishop of Toronto, or hts Successors,
make and do, or cau*je to b«i made and done, all such
Ihrther acts and assurances in the law, for more fully and
•atisfactorily assuring the said premises, with the
tenances, to tic said John, Lord Uishop of Toro.
his Successors, in majiner afonsaid, and ncco;
the intont of tljese presents, as by him, or iihi'W
or their Counsel in the Law, shall be laii fully anil
ably advised and required.
%\ii tijis iFniicntttrc furlljcr nj'ilncijscti),
that the said • ....with
the approbation and consent of her said husband, in con-
sideration of the premises, and in further consideration
of the sum of. of lawful money
of Canada, to her by the said John, I*ord Bishop of
Toronto, in hand paid, at or before the sealing and
delivery of these presents, the receipt whereof is hereby
acknowledged, hath remised and released, and by these
presents doth remise and release, unto the said John,
Lord Bishop of Toronto, and his Successors, all 23otoCV,
and right and title to JDotoer, which she, the said
,, ,,^ now hath, or in the
event of her surviving her said husband, can or may have,
or claim, either at Common Law or otherwise howsoever,
of, in, to, or out of the Lands, Tentiiients, Hereditaments,
and Premises hereby conveyed.
8888S«S8gSfK3a«s»«W»«K^
8
Jn toUtte00 tuljcreof, the parties to these pTMenU
have hereunto set their handB and seals, the day and year
Hirst above written.
S'flnca, Skedtn anH J3e«hm&,
?ntjje yusenceot t'-^-l
[t.8.]
''*!..!..!....... L«»»]
FORM OF THE MEMORIAL,
WITH BAR or UOWEB.
^ iltfinOrlCll, to b.; regisiertd pursuant to the
Statute in such cn: "f- ..-...•.•...•••••••
in the year of our Lord one iltousand eight liundred and
, between •
ofiho'..'. of. iatje
District »^^t»ie
Province of Canada and
...Ills Wifo, of the one part; and
thrRigbt Reverend John, Lord Uishop of Toronto, in the
said Province of Caiiadi, of the other part : Whkreby
jjjg gjii^ accordinej to the provisions
of an Act of the I»;irli;»mcnt of ihc Province of Upper
Canada, passed in tbe Fifth War of the Reign of Her
Mt;•...«. .....■..•..•.•••...•
And this Memokial thereof is hereby required to he
registered by the said Grant therein aained.
'\VivxE$n hand...and seal.. .the
day of. iu ihn year of our Lord one
thousand eight hundred and <
Signed and Skaled in the
Pbksence of [!"*•]
." [i-Sj
' [«-»•]
s^^l^^^^
33ctta)ecn
of.
10
FORM OF CONVEYANCE TO THE BISHOP,
WITHOUT BAB OF l>OWEB.
thl0 ilulJcntttVe, made tl»e day
- ' in the year of our Lord
one thousand eight huudred and
of the
............in the I>i6t"ct
^ in the Province of Canada,
of'the'onc'part'; 9lu0 the Right Ueverond John, Lord
Bishop of Toronto, in the said iVovince of Canada, of
the other part: ElI^Dcvcns the said
is desirous of conveying tlic Parcel or Tract of Land and
Premises hereinafter particularly described, to the said
John, Lord Bis'iop of Toronto, and to his Successors, to
the uses and upon the trusts hereinafter declared, accor-
ding to the provisions of an Act of the Parliament of the
Province of Upper Canada, passed in the fifth year of the
reign of Her Majesty Queen Victoria, intituled, "An
Ac to make provision for the management of the Tem-
poralities of the United Church of England and Ireland, in
this Province, and for other purposes therein ; eutioncd."
Jj^ow this Itilicntttrc lultncssctl), that the
gj^j^ for the pvxrpose aforesaid,
hath'given.'grantcd, and convoyed, and by these presents
doth give, grant, and convoy unto the sold John, Lord
Bishop of Toronto, and to his Successors, for ever, all
and singular that certain Parcel or Tract of Land and
Premises situate and being in the Town of
in the County of.
Ihe District of in the said Province
be the same
m
of Canada, contammg
more or less, and being composed of.
^hich said Pared or Tract of Land is hounded and
described as follows, that is to say:
i
4
*^**^^ffliiitiitWw^i»S?
11
suVject to the reservations and conditions expressed in
the original grant of the said Land from the Crown.
Co^CtljCir tDltl) all and singular the appurtenances
to the said Parcel or Tract of Land belonging: Co fjabe
anD to fjolB the said Parcel or Tract of Land and Premi-
ses, with their appurtenances, unto the said John, Lord
Bishop of Toronto, and his Successors, for ever, to the
uses and upon the trusts foltowing, that is to say:
l^flcre insert tJte Trusts,^
^nb the said doth
hereby for himself, his Heirs, Executors and Adminis*
trators, covenant with the said John, Lord Bishop of
Toronto, and his Successors, that the said
and every person rightfully claiming, or
to claim, any interest at law or in equity in the said Pre-
mises, or any part thereof, under or in trust Tor him or his
Heirs, shall at all times hereafter, on every reasonable
request, and at the sole expense in all things of the said
John, Lord Bishop of Toronto, or his Successors, make
and do, or cause to be made and done, all such further
acts and assurances in the law, for more fully and satis-
factorily assuring the said premises, with the appurtenan-
ces, to the said John, Lord Bishop of Toronto, and his
Successors, in manner aforesaid, and according to the
intent of these presents, as by him, or them, or his or
their Counsel in the Law, shall be lawfully and reasonably
advised and required.
3n tuituCSS wljCrcof, the parties to these presents
have hereunto set their hands and seals, the day and year
first above written.
Si'onctr, ScnlcU anb OcUbcrtH,
in t1)t pvcscnct of ,
.[L.8.]
.Cl.8.]
V2
FORM OF THE MEMORIAL,
WITIIOCT BAR Ol DOWEM.
^ memorial, to be registered pursuant to tW
Statute in such case mack and provided, of aii Indenture
made the day of ......................
in the year of our Lord one thousand ciglit hundred and
between
jjj. ^ In the
'....."..".".."!!. District ,....inthe
Province of Canada '/•
the Right Reverend .John, Lord Bishop of Toronto, m the
said Province of Canada, of tl»c other part : Wueuebt
^g gai^ according to the provisions
of an Act of ihc Parliament of the Province of Upper
CanadiJ, passed in the Fifth Year of the Ueign of Her
Majesty Que*;n Victoria, intituled " An Aci to make pro-
vision for the manaKcnient of the Tetnporahties of the
United Church of England and Ireland in this I'rovuice,
and for other purposes therein mentioned" did give, grant,
and convey unto the said John, Lord Uishop of Toronto.
and to his Successors for ever, all and singular that certain
parcc? or tract of Land and Premises, situate and being in
To HAVE AND TO HOLD the said parcel or tract of Land
and Premises, with their appurtenances, unto the said
John, Lord Bishop of Toronto, and liis Successors for
ever, to the uses and upon the trusts following, that w to
[//tvc insift the Ttns(s.'\
Which said Indenture is witnessed by
of the of-
in'the Distuct
and
'
Id
And tlis Memorijil thereof is hereby required to be
registered by the said Cirant therein named.
Witness hand, ..and seal... the
day of. in the year of our Lord one
thousand eight hundred and
Signed Ast> Seai.kd in the
Presence of , [t.s.]
[L.8.]
FORM OF THE AFFIDAVIT
TO BE •'NDonsED ON EACH MG.MORIAL.
TO WIT,
Dislrict^ \
of
in the said
District in the
Trithin Memorial named, nialvcth oath and saith that he
was present, and did see the Indenture to which the
said Memorial relates duly executed, signed, sealed, and
delivered by the therein named
and that he is a subscribing Witness to the execution of
the said Indenture;— that he, this Deponent, also savr
the said 31emorial duly signed and sealed by the therein
named for Registry thereof.
Which said Memorial was attested by him, this Deponent,
and another subscribing Witness, and that both said
Instrunients were executed in the County of.,
Sworn before mc at jn the]
said District
'A«* day of. 184.
thcl
A Commissioner in B. R. Sfc.
in and for the
.District.
.-/
n V- -'
a^^^^ga^gss
^
14
PROPOSED FORMS OF TRUSTS,
To be inserted in Conveyances of Lands to the Bishop
of Toronto and bis Successors, to tlie use of the Church of
England, made in accordance with the Church Tempo-
ralities Act, (Statute of Upper Canada, 3 Vic. ch. 74,
Sec. 16.)
[Note.— The followirg Forms are intended to suit respec-
tively some one of vhc puriioscs expressly authorised by
the 1 6th t3cction r,i the Statute. But where the donor
desires to convey land ♦' to the ijeueral uses of tliv Church,"
or "for the use of ant^ paHicular Church erected, or to be
**erected;' if, instead of leaving the proceeds of the estate
to be applied " as the Jihhop may ajipoint," it shall be his
wish to provide some other mode of appropriation, the Sta-
tute gives h Jin the power of doing so ; and he must be care-
ful in tliat case to insert in the deed, such a proviaion as
will precisely and effectually meet his object.
So alsr,, where the donor desires to convey land "/or
««»w $p€cific use apptirtenant to the Church in gencralt
**or:oany particular Church or Parish," the Statute al-
lows him to do so ; but he must be careful to specify the
pwticular use or purpose in the deed, in such terms as will
express his object clearly and precisely ; and in deeds of
this latter description, he has in like manner the option of
leaving tb^ proceeds of the estate to be applied to the spe-
cific use " «rt such matincr as the Uishop of the Diocese may
» appoint;* ot to maXiS some other provision in regard to
the mode of appropriation, in which case also great care
mast be taken so to express the direction in the deed, as
to leave no ground for doubt or controversy hereafter.
As these specific uses, and specific modes of appropria-
tion, depend entirely on the will of the donors, no forms
can he given for them; but it is earnestly recommended
that whenever the donor may dcbirc to point out some
specific use or some specific mode of appropriation, in pre-
1
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r4,
3
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fcrcncc to mlopting any of the form* which ha»c been
framed to mcit Ihc f^oncral purposcH of the Act, ho should
be circfuJ to sec tliat Hic use i!» one which tljc Statote
clearly anthoj ises, and that it is declared in s««h terms as
shall leave no room for doiiht or tmccrtainty cither as to
the pmposc intended, or the mode of applying the funds.
In deeds which arc to contain such specific directions in
regard to the mode of applying the proceeds, the forms
hereafter given may Ic fallowed as far as the (*) asterisk.]
No. 1.
Upon trust to hold the same for ever hcroufter for the
endowment of the said See, or Uishoprick of Toronto, and
for no other use or purpose whatsoever.
No. 2.
Upon trust to hold the same for ever hereafter, to and
for the general uses of the United Church of Kngland and
Ireland, within that part of the Province of Canada which
formerly composed the Province of I'pper Canada; to
the intent and upon the trust that the rents, issues and
profits thereof, may be a])pr()priatcd and .ipplied to the
general uses of the said Church * in such manner as the
said John, Lord Bishop of Toronto, and his Successors,
shall from time to time appoint.
(Sec the note at the head of these furms.)
No. 3.
Upon trust to hold the same for ever hereafter, for the
use of that certain Church of the United Church of Eng-
land and Ireland situated in the Township of.
in the District of. within Uie said Diocese
of Toronto, called Church, [or if the
Church cannot be otfwrwi.se distinrthj and accurately aes-
cribcd, insert after ihc words "Diuccxc of Toronto"}"'
"which hath been erected upon Lot number
"in the Concession of the said Township,"
i
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if i
I r
r r -
to the intent and upon the trust that the rents, issues^
and profits of the said land and p:\Jniscs may be appro-
priati'd and opj>Ut'd to t!»e use of the saiu Cljurch* in such
manner as the said John, Lord Uishop of Toronto, and his
Successors, shall from time to time appoint.
(See the note at the head of these forms.)
No. 4.
Upon trust to hoUl the same for over lioroaftcr, for the
use of a Church of the United (^ ImrcU of England and
Ireland, to be hereafter erected upon Lot number.
in the Concession of the Township of
in tlie District of.
vithin the said Didcc^e of Toronto; [uddimj uwf more
particuhr fl>'.rt of the Incjm-
hent of the said Parsonage, [ Jicctori/ ur Living^ as the case
may &(-] for the time being.
(See the note at the head of these formB.)
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No. 6.
Upon trastto hold the same for ever hcroafter, for the
use of the United Church of England and Ireland. ^ ithia
that part of the Province of Canada ^v hirh fornierly eoui-
posed the ProvinceofTpper Canada, and to the intent and
upon u,e trust that the r.nts, issu.s and profits of ,he said
land and premises shall be appro, ^atcd and applied from
time to tune, towards defraying the charge of.
lAere sprvify the purtkuhir v(>Ju-t vmnreUd nith /.k'cwi
l« ll»piri:amda,nn.ran;,,J\.r u-hi.h the d.r^or u^ishs to
^ovuh} ,n such manner as the said John, Lord IJi.hop
of Toronto, or h,s Successors, shaJl from time to time
appoint
(See the note at the head of these Utma.)
No. 7.
Upon trust to hold the same for ever hereafter, for the
use and benefit of that certain Church of the United
Church of Eosland and hxland, situate in the Township
°* in the District of.
within the Diocese of Toronto, calLd....
Church, [,/ it can be m ./mrtVWJ situa'ted'upon'LoJ
°"f'^''-:V"- •««!- CoLcesMon
of the sa.d Township; and to the intent and «pon the trust
that the rents, issues and profits of the said land and pre-
mises may he appropriafd and applied from time to time
towards defraying the charge of.
lAere specif!, the particular ohjtTt con miZi'wi^'ihi' Church
mnUoued m the dci,i,Jhr whi.U the dvnor u-l.he. toprovidel*
in such manner as the said John, Lord Bishop of Toronto
or his Successors, shall from time to time appoint.
(See the note «t the head of these forms.)
No. 8.
«.w?JT *'*u"°^^ *^' '""^^ ^°' ^^^' ^^''^f'<>^^ for the
use of the Parish of. i„ ^^^ township
®'- in the District of.
-\^-\-
18
within the •aid Diocese of Toronto; to the intent and
upon the trn»t that the rcnt», issues and profits of the
said land and premises may be appropriated and applied
from time to time towards defraying the charge of
[here s/Kcift/ the partictUor
object conntcled mtk the Church in the pariah mentioned
in the deed, for which the donor tciahea to providey in sucb
manner as the said John, Lord Bishop of Toronto, and
hit Successorts, shall from time to time appoint.
(See the note at the bead of these foma.)
FORM OF CONVEYANCE TO A RECTOR OR
INCUMBENT OF A LIVING,
WITH nAR Of DOWBB.
€hl0 Jnbcntnre, made the. day
^f ' in the year of onr Lord
one thousand eight hundred and
jjettofpn of <*»« Township
of. >n t^c District of.
in the Province of Canada,
g„^ his wife, of the one part;
glnnthe Reverend ........
of the Township of. « th« ^«st"ct
^f in the said Province, Clerk Rector
of th^Rectory of. '«•» the said Township,
and within the Diocese of Toronto, in the said Provmce
of Canada, of the other part: describing the liectortf eare-
My in accordmce with the Patent constituting the Rectory t
or, where the Church is not the Church 0/ a Rectory or Pa-
riaKsay-a Clergyman in holy orders of the United Church
of England and Ireland, serving and doing duty in the Church
ggff^ (where the Church can be
dueriMi by a particular name) situated upon Lot number
^,,,in the Concession of tht
t
'il;i I
j
^s^m
1
I
Township of. ,„ the $aid Di$trici
*^'i" wiOtin the Diocese of Toronto."]
lDl)CrCO0 the said
is d^Alrous of conveying the Parcel or Tract of Land and
Premises hereinafter particularly described, to the saiJ
and to his Successors in
tbe said Rectory. [CAurcA, Mission, or Living-] to the
luet^ and upon the trusts hereinafter declared^ according
to tbe provisions of the Act of the Parliament of the Pro-
vince of Upper Canada passed in the fifth year of the
telgn of Her Majesty Queen Victoria, intituled '• An Act
to make provision for the management of the TemporaU-
ties of the United Church of England and Ireland in this
Province, and for other purposes therein mentioned."
33'oh) tijio Jiibcnturc tDitiufisctI), that the
'* for the purpose
aforesaid, hath given, granted, and conveyed, and by
these presents doth give, grant, and convey unto the said
" Rector of the said
ftf'^'y***'- [describivg it in full a*
Ac/orf ] ; or if it be not a Hcctory, (serving and doing duty
as aforesaid in the Church called
situated upon Lot number ia the
Concession of the Township of.
in the said District of. rZZ'ihhin'ihe
Diocese of Toronto, and to his Successors for ever, being
Incumbents of the said Rectory, (or if it be not a Rectory)
of the said Church, Mission, or Living, and in full com-
munion trith the United Church of England and Ireland,
and serving therein in accordance with the doctrines and
discipline of the said United Church of England and
Ireland) all and singular that certain parcel or tract of
iMd and premises situate and being in the Township
•'• in the County of.
in ttie District of. in the said Province
of Canada, containing.. ,
1
be the same more or less, and being composed of Lot
number in the Concession
of the said Towur.t't}K> said
or his Successor*, make niul ,\n, or cause to he matfe and
done, all Rueh funlior acts aii"« V*^ •
auD the llcvcnnd *>^ ****
To-wnship of. in th« District of.
In f 3 «aid Province, Clerk, lUctor of the Rcct»^ry of
in the said Township, and within
tL'e "im'occsc of Toronto, in the said Province of Canada,
of the other part: [desvrmiuj the Hirton/ ciirvfulhj in ac-
cordawe with the Vateiit constiUilimj the Itictorin vr, where
the Church is uot the Chutrh of a lUctonf or Purish, sajr-
a Clertjfjman in hoUjordirs i\f the United Church of Emjland
and IreiiUuU scrvimj and doing duty in the Church culled
(where the Church can he described
hff a particular name) situated upon Lot mnJ'er
,„ ^|^f, , Concession of the township qf
^ ,.. .in the said Vistrictof.
Vfithin (he /Jjcrtw nf TorMto.]
tol^ncaiJ il. said..
is desirous of conveying the Parcel or Tract of Land
and premises hereinafter particularly dc5:ribe(l, to the
_j.jj and to his Sik fssors
Itt the said Rectory, IChnrch, 3fission, or living} > the
nses, and upon the trusts hereinafter declared, according
to the provisions of the Act of the Parliament of the Pro-
vinC! of Upper Canada passed in the fifth year of the
reign of Her Majesty Queen Victoria, intituled, " An Act
lo make provision for the management of the Temporali-
ties of the United Church of England and Irek.nd in this
Province, and for other purposes therein mentioned."
la
J
m
^m tl)w Inbenlure witneBsctl), that th«
•■W for the |»urpnM
afor«9ai«i. hath given, gmnttd and conreytd, and by
thwe presents ix>th give, grant and convey unto the mM
Rector of the miid Hcclory of. {dfsrnlikf
ii in full u» biforc] or if it be not a Uoctory, (serving
•nd doing duty as aforesaid in the Church called
situated upon Lot niunbtr in the
Concession of the Township of. in the
«aid llistrictof. within the Diocese of
Toronto, and to his Successors, forever, luing lucumhents
of the said Ucctory, (ur if it be not a litctory) of the
Mid Chun;h, Mission, or Livitij:, and in full communion
with the United Church of Kngland and Ireland, and
•erving therein in accordance with the doctrines and
discipline of the said rnited Church of Knglaud and
Ireland— all and sin. ( "'
PS888SSSWSggj
26
And by the same Indenture it is witnessed that the said
the Wiff of the said
in consideration of
the premises, and in further consideration of the sum of
of lawful money of
Canada, to her by llie said
in hand paid, hath remised, released, and for ever relio-
quishird her Dowbr in the said Premises unto him the
"^i'J and to his Successors
forever; which said Indenture is witnessed by
of the of
in the District
and
And this MEMoniAL thereof is hereby required to be
registered by the said Grant therein named.
Witness hand,. .and seal. ..the
^»y of- in the year of our F*ord one
thousand eight hundred and
SlGNCD AN» Se.\LEO in THB
Presence or . ..„
.[i.. a.]
tBE SAME, WITHOUT BAR OF DOWF.R.
^ iuC mortal, to be registered pursuant to the
Statute in such case made and provided, of an iNDENTtTRC
made the day of
in the year of our Lord one thousand eight hundred and
..•, between
o'the of. ...in the
District iathe
Province of Canada and
the Reverend ,
of the Township of. ,..in the District
Rl
^ ■-:•.•.
27
of in the taid Protince, Clerk Rector
of the Rectory of. »n ^^ «»'*
Township, and within the Diocese of Toronto, in the
said Province of Canada, of the other part: Wheiieby
the said according to the provisions
of an Act of the Parliament of the Province of Upper
Canada, passed in Uie Fifth Year of the Reign of Her
Majesty Quetn Victoria, intituled "An Act to make pro-
vision for the management of the Temporalities of the
United Church of England and Ireland in this Province,
and for other purposes therein mentioned" did give, grant,
and convey unto the said
and to his Successors for ever, all and singular that certain
parcel or tract of Land and Premises, situate and being in
the
To HAVE AND TO BOLD the Said parcel or tract of Land
and Premises, with their appurtenances, unto the said
and his Successors for
ever, to the uses and upon the trusts following, that is to
say:
[Here insert the Trusts.]
Which said Indenture is witnessed by
of the of.
in the District
and -•
And this Memorial thereof is hereby required to be
registered by the said Grant therein named.
Witness hand.. .and seal.. .the
4ay of. in the year of our Lord one
thousand eight hundred and »•••.
SicNSC AND Sealed in tbb
PaESENCE OF l.t.S.3
^Sl^^^^S^^^Si^SS^^il
.:i:k:.*;;;::H"t-t--fSt:S::i:^
28
FORM OF THE AFFIDAVIT
TO B£ ENDORSED OS EACH HEHORIAL.
(See page 13.)
PROPOSED FORMS OF TRUSTS,
To be inserted in (Conveyances of Lands made to any
Parson, Rector, or other Incumbent, in accordance with
the Church Temporalities Act, (Statutes of Upper Canada,
3 Vic. cap. 74, sect. 16.)
No, 1.
Upon trust to hold the same for ever hercaiVer, for the
endowment of the said Rectory [or Church, Misnitm, or
Jvivgy as the case matf be] hereinbefore mentioned and
described, and for no other use or purpose whatsoever.
No. 2.
Upon trust to hold the same for ever hereafter, for the
use and benefit of that certain [^Parsonage, Rectory^ or
Living, as the case mat/ be,} hereinbefore particularly
mentioned and described, and to the intent and upon the
trust that the rents, issues, and profits of the said land and
p'/emises, may be appropriated and applied, from time to
time, towards defraying the charge of [here specify the
particular object connected with the particular Parsonage,
Hectorg, or Living, mentioned in the deed, for tchich the
donor wishes to provide} in such manner as may seem best
to the said
and to his Successors, as aforesaid, for the time being.
[See Note at the bead of the Forms of Trusts to he inserted
in Deeds to the Bishop. The earns caution will be neces9«ry to
be observed in specif) ing any particular object of appropriation
in these Deeds to the Rector, &c.]
29
CLAUSES XVI. AND XVII.
OF
An Act to make Provision fvr the Management of the Tern-
poralities of the United Church of England and Ireland
in this Province, and for other purposet therein men-
tioned,
XVI. And be U further enacted by the authority afore-
said. That any deed or conveyance of land, or of person-
alty, that may be made to any Bishop of t' ? said Church,
in the said Province, and to his Successors, for the endow-
ment of his See, or for the general uses of the said Church,
as such Bishop may appoint, or otherwise, or fur the use
of any particular Church then erected, or thereafter to be
erected, or for the endowment of a Parsonage, Rectory,
or Living, or for other uses or purposes appurtenant 4o
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 Incum-
bent, and his Successors, for the endowment of such Par-
sonage, 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 men-
tioned 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
months at the least before the death of the person con-
veying the same, and shall be registered not later than
six months after his decease.
XVIL And be it further enacted by the authority
aforesaid. That 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 suffi-
ciency for the maintenance of such Church and of Divine
/,-.
msm^mgmsss^ss^m&i
N V
Service therein, according to the ritet of the said Church
of England and Ireland, it shall and may be lawful for
hioi, or them, to do so, upon procuring the License of
the Bishop, under his hand and seal, for that purpose ;
and thereupon, aftt;r the erection of a suituble 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 tljereof, and
of an Incumbent, and adequate to the usual and ordinary
charges attendant upon such Church, such provision being
made to the satisfaction of the liishop, such Founder, his
Heirs and Assigrs, being Members of tlie said Church of
England, or such body politic or corporate, as the case
may be, shall have the right of presentation to such
Church, .19 an advuwsoa in fee prcsentattve, according
to the Rules and Canons of the said United Churoh 0/
England and Ireland.
I!
-P<'PPOO ■'■'"">'> .lull Cili5ii!»!ini! !ic til 3ii!iiSi!»!irB::