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BY THOMAS WARDLAW TAYLOR M.A., Q.O., Master in Ghancery, Toronto. r TORONTO : WILLING & WILLIAMSON. 1879. / ■- -^ * -• n PRINTBD AND BOUND BY HUNTER, ROSE & CO., TORONTO. PREFACE. TO many who take an active part in the work of the Church the public statutes are not accessible. Even the by-laws or regulations in force for the management of the colleges and schemes of the Church, and the resolu- tions of the General Assembly bearing upon these, scat- tered as they are through the minutes of different years cannot readily be referred to. The consequence is, that when at meetings of the Assembly and other church courts questions arise, in the proper disposal of which reference must be had to such statutes and by-laws, members are in doubt and difficulty, as to how they should be dealt with, or what course to pursue. This little work has been undertaken to provide, as far as possible, a remedy for this state of things. In it will be found all the statutes of the various Provinces passed in contemplation of the Union of 1875, with the Acts re- lating to the colleges and those schemes of the Church which are incorporated. To these have been added a few statutes of a more general character, as to the hold- ing of congregational property, the solenmization of marriage, and other subjects, which are of interest to congregations of the Presbyterian Church, and to its min- isters, in common with those of other denominations. IV PREFACE. r I i The numerous by-laws for the government of the col- leges and schemes, with the resolutions of the Assembly affecting these, have also been collected together. At the same time the by-laws which were in force prior to the union in the different Churches, relating to the Funds for Widows and Orphans, Aged and Infirm Ministers, and as to Home and Foreign Missions, have also been given. This has been thought advisable because, although the union of some of the funds existing in the different Churches for the same object ; and the working as one, of different schemes is intended, yet in some cases no union has up to this time been effected, and in others is as yet only partially carried out ; regard to the formerly existing rules must, therefore, in some cases, still, be had. When the details of the amalgamation of some of the funds are under consideration, reference to these rules must un- doubtedly be made, as the rules passed by the Assembly of the united Church leave many things wholly unprovid- ed for. The resolutions of the Assembly on such matters as, the agents of the Church, the clerks of Assembly, and their duties, and others of general interest have also been col- lected. .,....:■■■,-,- ', A number of resolutions passed at different times, by the General Assembly of the Canada Presbyterian Church, in connection with Home Mission work, have been given, for these, if not now of authority, are still regarded by the committee, as useful guides in dealing with the im- portant interests entrusted to their care. PREFACE. y Thanks for assistance, cheerfully given, during the pro- gress of the work, are specially due to the Rev. Principal Grant, Rev. Dr. McGregor, Rev. Dr. Reid, Rev. Dr. Waters, Rev. Professor MacKerras, the Hon. Justice James and Mr. Croil. Should this little book prove, in any degree, an aid to those who are doing the work of the Church, the labour bestowed upon it will be amply repaid. OsGOODE Hall, June, 1879. , t HI TABLE OF CONTENTS. PART I,-PuBuu Statutes Relating to thb CHURoH.-Acts at Umon of Presbyterian Church in Canada, Ontario, 1 ; Quebec, 8 ; New Brunswick, 16 ; Prince Edward Island, 19; Nova Scotia, 22, 25; Manitoba, 29; at Union of Canada Presbyterian Church, 32 ; at Union of Presby- tenan Church of the Lower Provinces, 37. PAKT IL-PaBuc Statutes Re.ati.vo to the Col.eoes ok the CHUECH.-Queen'8 College, 40, 51 ; Knox College, 58 ■ Morrm College, 61 ; Presbyterian College, Montreal 66 ; Manitoba College, 70. [part III. Public Statutes Relating to the Schemes of the CHUKCH-Widows' and Orphans' Fund, Presbyterian Church of Canada in connection with the Church of Scotland, 75, 79 ; Widows' and Orphans' Fund, Lower Provmces, 83 ; Temporalities Board, 84, 89, 91 ; Board Of Education, 95, 100. R-ART IV.-Miscellaneous Public Statutes. -Congregational I property, Ontario, 103, 110; Nova Scotia, 113, 120 Manitoba, 121 ; Registration returns, Ontario, 125 128 •' wick 132 ; Quebec, 137, 140; Acts of Civil Status, Que- bee, 134, 139 j Births, 137 ; Burials, 139. / vm CONTENTS. K PART V. — By-Laws and Regulations Relating to the Colleges. — Queen's Collej?e, Statutes of, 141 ; Resolutions of Assembly, anent, 158 ; Knox C/oUege, 168, IGO ; Pres- byterian College, Montreal, 163, lo4 ; Boards of Exam- iners, 165 ; Manitoba College, 1 66 ; Theological Hall, Halifax, 170 ; Colleges generally, 171 . PART VI. — By-Laws and Regulations Relating to the Schemes OF the Church. — Aged and Infirm Ministers' Fund, 173, 174 ; French Evangelization, 175 ; Foreign Mis- sions, 177, 178 ; Home Missions, 179, 188, 191 ; Proba- bationers, 193 ; Temporalities' Board, 195 ; Widows' and Orphans' Fund, 205, 212, 216, 220. PART VII. — Basis of Union and Resolutions of Assembly. — Basis of Union, 224 ; General Assembly Act, 227 ; Bar- rier Act, 228 ; Synods, 228 ; Agents, 229 ; Clerks, 231 ; Funds, 231 ; Judicial Committee, 231 ; Moderator, 232 ; Periodical, 232 ; Questions and Formula, 233 ; Retired Ministers, 235; Standing Orders, 236; Dr. Willis, 237. LLEOEH. ions of ; Pres- Exam- il Hall, (CHBMBS ' Fund, gn Mis- ; Proba- Widows' EMBLY. — 27 ; Bar- rks, 231 ; itor, 232 ; Retired iUis, 237. PAJIT I. PUBLIC STATUTES RELATING TO THE CHURCH. Ontaiiio. — 38 Vict. cap. 75. — An Act respecting ihe Union of certain Presbyterian Churches therein named. ( Assen'.ed to 2tHt December, 1874.) WHEREAS tlie Canada Presbyterian Church, the Presbyterian Cliurch of Canada in connection with the Church of Scotland, the Churcli of the Maritime Provinces in connection with the Church of Scothind,and tlie Presbyterian Church of the Lower Provinces, have severally agreed to unite together and form one body or denomination of Christians, under the name of " The Presbyterian Churcli in Canada ; " and the Moderators of the General Assembly of the Canada Presbyterian Church, and of the Synods of the Presbyterian Church of Canada in connection with the Church of Scotland, and the Church of the Maritime Provinces in connection with the Church of Scotland, and the Presbyterian Church of the Lower Provinces, respectively, by and with the consent of the said General Assembly and Synods, have, by their petitions, stating such agreement to unite as aforesaid, prayed that for the furtherance of this their purpose, and to remove any obstructions to such union which may [arise out of the present form and designation of the sev- leral trusts or acts of incorporation by which the pro- )erty of the said Churches, and of the colleges and con- Jgregations connected with the said Churches, or any of jthem respectively, are held and administered or otherwise, icertain legislative provisions may be made in reference to Jthe property of the said Churches, colleges and congrega- Jtions situate within the Province of Ontario, and other jiiiatters affecting the same in view of the said union ; 2 PUBLfC STATUTES RELATING TO THE CHURCH. Theiofore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. As soon as the union takes place, all property, real or personal, within the Province of Ontario, now belong- ing to or held in trust for or to the use of any congrega- tion in connection or communion with any of the said Churches, shall thenceforth be held, used and administered for the benefit of the same congregation in connection or communion with the united body, undei" the name of " The Presbyterian Church in Canada." 2. Provided always that if any congregation in con- nection or communion with any of the said Churches, shall at a meeting of the said congregation regularly called according to the constitution of the said congregation, or the practice of the Church with which it is connected, and held within six months after the said union takes place, decide by a majority of the votes of those who, by the constitution of the said congregation, or the practice of the said Church with which it is connected, are en- titled to vote at such a meeting, determine not to enter into the said union, but to dissent therefrom, then and in such case the congregational property of the said con- gregation shall remain unaffected by this act or by any of the provisions thereof ; but in the event of any con- gregation so dissenting as aforesaid at any future time resolving to enter into and adhere to the said united Church, then from the time of such resolution being come to, this act and jtlie provisions thereof shall apply to the property of such congregation. 3. Congregations may from time to time alter or vary any of the provisions contained in the trust deeds under which their property is held, or in their constitutions, which relate to the mode in which their affairs and pro- perty shall be managed or regulated, and to the persons who shall be entitled to take part in such management, or to vote at meetings of the congregation on questions I. ice and ^ince of ty, real beiong- ngre^^a- bhe said listered ction or lame of in con- liurclies, [y called ition, or nnected, )n takes who, by practice are en- to enter hen and id con- by any iiv con- liic time united lof come to the or vary Is under itiitionS; md pro- persons Igement, uestions PTTBLIC STATUTES RELATING TO THE CHURCH. 3 affecting the affairs and property of the congregation or the management thereof ; but the sanction of the Presby- tery under whose care buch congregation is placed shall l)e obtained before any such alteration or variation shall take effect. 4. The several clauses and provisions of the act of the Legislature of Ontario passed in the 3Gth year of the reign of Her Majesty Queen Victoria, chaptered 135, and intituled " An act respecting the property of religious institutions in the Province of Ontario, ' and amendments thereto, shall apply to the various congregations in On* tario in connection or communion with the Presbyterian Church in Canada : Provided always, that befoni any of the powers of leasing, if for a period exceeding seven years, selling, exchanging or mortgaging be exercised by any congregation or by the trustees thereof, the sanction of the Presbytery within whose bounds such congregation is placed shall be obtained. •5. All other property, real or personal, belonging to or held in trust for the use of any of the said Churches or religious bodies, or for any college or educational or other institution, or for any trust in connection with any of the .said Churches or religious bodies, either generally or for any special purpose or object, shall from the time the said contemplated union takes place, and thenceforth, belong to and be held in trust for and to the u.se in like manner of " The Presbvterian Church in Canada," or for or to the use in like manner of the said college, educational or other institution or trust in connection therewith. 6. But all such property, real or personal, as is affected by this jvct, shall in all respects, save as aforesaid, be held and administered as nearly as may be in the .same manner and subject to the same conditions as provided by the deeds of trust, acts of incorporation, or other instru- ments or authority, under which the same is now held or administered. 4 PUBLIC STATUSES RELATING TO THE CHURCH. 7, As soon as the said union takes place, the corpora- tion of Knox College shall stand in the same relation to the Presbyterian Church in Canada, in which it now stands to the Canada Presbyterian Church ; and all the provisions of the act of the late Province of Canada, passed in the 22nd year of the reign of Her Majesty Queen Victoria, chaptered 69, and entitled " An act to incorpor- porate Knox College," shall continue to apply to said col- lege and corporation ; and all the rights, powers and au- thorities by said act vested in the Synod of the then Presbyterian Church of Canada shall be vested in, apply to, and be exercised by. the Supreme Court of the Presby- terian Church in Canada. And the corporation of Queen's College shall in like manner stand in the same relation to the Presbyterian Church in Canada, in which it now stands to the Presbyterian Church of Canada in connec- tion with the Church of Scotland ; and all the powers, rights and privileges hitherto exercised and enjoyed by the ministers and members of the Presbyterian Church of Canada in connection with the Church of Scotland, as corporators of the said college, and by the Synod of the said Presbyterian Church of Canada in connection w^ith the Church of Scotland, in virtue of their relations re- spectively to Queen's College at Kingston, shall be exer- cised and enjoyed by the ministers and members of the Presbyterian Church in Canada, and by the Supreme Court of the said Presbyterian Churcli in Canada ; Pro- vided always, that the said united Church shall not be required to elect trustees for any Arts department in Queen's College aforesaid. And the corporation of the Presbyterian College of Montreal shall in like manner stand in the same relation to the Presbyterian Oiurch in Canada, as it now stands to the Canada Presbyterian Church ; and the pi-o visions of the act of the late Pro- vince of Canada passed in the 28th year of the reign of Her said Majesty, cliaptered 53, and entitled " An act to incoiporate the Presbyterian College of Montreal," shall continue to apply to said college and corporation ; and all PUBLIC STATUTES KELATING TO THE CHURCH. fril of the rights, powers and aiithoiities by said Act vested in the Synod of the Canada Presbyterian ( 'hurch shall be vested in, apply to, and be exercised by the Supreme Court of the Presbyterian Church in Canada. And in like manner the corporation of Morrin College sliall stand in the same relation to the Presbyterian Church in Can- ada, as it now stands to the Presbyterian Church of Can- ada in connection with the Church of Scotland ; and all the provisions of the act of the late Province of Canada, passed in the 24th year of the reign of Her said Majesty, chaptered 109, and entitled " An act to incorporate Morrin College, at Quebec," shall continue to apply to said college ; and all the rights of the Synod of the Presbyterian Church of Canada in connection with the Church of Scotland shall be vested in the Supreme Court of the Presbyterian Church in Canada ; and all the rights, powers and au- thorities vested by the said act in the minister and con- gregation of St. Andrew's Church, Quebec, shall continue to be held and exercised bj'' said minister and congrega- tion in connection with the Presbyterian Church in Can- ada; Provided always, that the said united Church shall not be required to elect trustees for any Arts department in Mr)rrin College aforesaid. 8. Whereas the ministers of the said Presljyterian Church of Canada in connection with the Church of Scot- land are entitled to receive incomes from a fund called the Temporalities Fund, administered by a board incor- porated by statute of tlie heretofore Province of (Janada, and it is proposed to ];reserve to them intact, during their respective lives, their said incomes derivable from said fund : it is therefore enacted that the present members of the said board shall continue in office and manage the said fund on behalf of the said ministers now deriving revenue therefrom, and the income to said ministers shall be continued in full to them respectively during their lifetime and while Presbyterian ministers in good stand- ing within the Dominion of Canada, whether in active service or retired, and whether in connection with the said 6 PUBLIC STATUTES RELATING TO THE CHURCH. ; 1 Church or not ; so soon as any part of the revenue ac- cruing from said fund is not required to meet the pay- ment of said incomes and other vested rights in the fund, and expenses therewith, tlie same shall pass to and be subject to the disposal of tlie said united Church ; and any part of said -fund that may remain to the good after the death of the last survivor of the said ministers, shall thereupon pass to and be subject to the disposal of the Supreme Court of said united Church, for the purpose of a Home Mission Fund for aiding weak charges in the united Church ; aiid vacancies in the meantime occurring in said board shall not be filled up in the manner hither- to observed, but shall be filled u[) from among the mem- bers of the said united Church nominated by the bene- ficiaries of the said fund. O. And whereas " The Canada Presbyterian Church " and " The Presbyterian Church of Canada in connection with the Church of Scotland," have each of them a fund for the benefit of widows and orphans of ministers per- taining to them respectively, and it is not deemed desir- able that two such funds should long exist sepaiately after the union, nor that there should be two separate organizations for the management thereof: it is therefore enacted that said two funds shall be kept separate, and the separate and distinct management and administration thereof continued by the boards respectively liaving the management and control thereof at the time of the union, so long only, and until the Supreme Court of said united Church shall have made provision for the amalgamation of said two funds and the management thereof, whereupon the said two separate organizations shall become extinct, and the said two funds shall pass to and vest in the trustees, body or persons indicated for the management thereof by the said Supreme Court ; and until such pro- vision is made, vacancies occurring in either of said re- spective organizations shall not be filled up as hitherto, but shall be filled up by the remaining members of each of said organizations for their respective bodies. PUBLIC STATUTES RELATING TO THE CHURCH. 10. As soon as the said union takes place, the Presby- terian Church in Canada, and any of the trusts in con- nection with the said Church, and any of the religious or chaiitable schemes of the said Church, may by the name thereof, or by trustees, from time to time take by gift, devise or bequest, any lands or tenements or interests therein, provided such gift, devise or bequest be made at least six months before the death of the person making the same ; but the said Church, and the said religious, or charitable schemes of the said Church, shall at no time take by gift, devise or bec^uest, lands or tenements, or any interest therein, the annual value of which, together with that of all other lands and tenements theretofore accjuired by like means, and then held by the said Church, or by the par- ticular scheme in favour of which such gift, devise or bequest may be made, shall exceed in the whole one thousand dollars ; nor shall the said Church, or any of the religious, or charitable schemes of the said Church, at any time take by gift, devise or bequest, lands or tene- ments the annual value of which and of all the other real estate of the said Church, or of the particular scheme in favour of which the gift, devise or bequest is made, shall together exceed five thousand dollars ; and no lands or tenements acquired by gift, devise or bequest within the limits aforesaid, but not required for the actual use or oc- cupation, shall be held for a longer period than seven years after the accjuisition thereof, and within such period the same shall be absolutely disposed of, and the proceeds of such dispositi(m shall be invested in public securities, muni- cipal debentures or other approved securities,not including mortgages on land ; and any lands, tenements or interests therein required by this act to be sold and disposed of, but which may not have been so disposed of, shall revert to the person from whom the same were acquired, his heirs, executors, administrators or assigns. 11. The union of the said four Churches shall be held to take place as soon as the Articles of the said union shall have been signed by the Moderators of the said res- pective Churches. 8 PUBLIC STATUTES RELATING TO THE CHURCH. III I Quebec. — 38 Vict. cap. 62. — An Act respecting the Union of certain Presbyterian Churches therein named. (Assented to 23rd February y 1875.) WHEREAS the Canada Presbyterian Church, the Presbyterian Church of Canada in connection with the Church of Scotland, the Church of the Maritime Provinces in connection with the Church of Scotland, and the Presbyterian Church of the Lower Provinces, have severally agreed to unite together and form one body or denomination of Christians under the name of " The Presbyterian Church in Canada ; '* and the Moderators of the General Assembly of the Canada Presbyterian Church, and of the Synods of the Presbyterian Church of Canada in connection with the Church of Scotland, and the Church of the Maritime Provinces in connection with the Church of Scotland, and the Presbyterian Church of the Lower Provinces, respectively, by and with the consent of the said General Assembly and Synods, have by their petitions, stating such agreement to unite as aforesaid, prayed that for the furtherance of this their purpose, and to remove any obstructions to such union which may arise out of the present form and designation of the seve- ral trusts or acts of incorporation, by which the property of the said Churches, and of the colleges and congregations connected with the said Churches, or any of them respect- ively, are held and administered or otherwise, certain legislative provisions may be made in reference to the property of the said Churches, colleges and congregations situated within the Province of Quebec, and other mat- ters affecting the same in view of the said union : There- fore Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 1. As soon as the union takes place, all property, real or personal, within the Province of Quebec now belong- ing to, or held in trust for, or to the use of any congrega- tion in connection or communion with any of the s^icl PUBLIC STATUTES RELATING TO THE CHURCH. 9 Churches, shall thenceforth be held, used and adminis- tered for the benefit of the same congregation in connec- tion or communion with the united body, under the name of " The Presbyterian Church in Canada," or any other name the said Church may adopt. 2. Provided always that if any congregation in con- nection or communion with any of the said Churches shall at a meeting of the said congregation regularly called according to the constitution of the said congregation or tlui practice of the Church with which it is connected, and held within two years after the said union takes place, decide, by a majority of the votes of those who, by the constitution of the said congregation or the practice of the Church with which it is connected, are entitled to vote at such a meeting, not to enter into the said Union but to dissent therefrom, then and in such a case the con- gregational property of the said congregation shall remain unaffected by this act or by any of the provisions thereof ; but in the event of any congregation so dissenting at any future time resolving to enter into and adhere to the said united Church, then from the time of such resolution be- ing come to, this act and the provisions thereof shall apply to the property of such congregation. 3. Congregations may from time to time alter or vary any of the provisions contained in the trust deeds under which their property is held, or in their constitutions, which relato to the mode in which their affairs and pro- perty shall be managed or regulated, and to the persons who shall be entitled to take part in such management, or to vote at meetings of the congregation, on questions affect- ing the affairs and property of the congregation or the man- agement thereof ; but the sanction of the Presbytery under wdiose care such congregation is placed shall be obtained before any such alteration or variation shall take effect. 4. Whenever any congregation, society or mission, in [communion or connection with said united church, shall ))^reafter be desirous of acquiring any land, or real pro- 10 PUBLIC STATUTES RELATING TO THE CHURCH. Ill perty of any description, whatsoever, for the site of any church, chapel, meeting-house, school, manse, glebe, burial- ground or appurtenances thereto, the same maybeacijuired by trustees for any one or more of the said objects, which shall be designated in the deed of acquisition, and by any name assuuied in said deed, sufficient to show the con- nection or communion of its members with said united church, and the locality where such congregation, society or mission is to be established ; and such deed shall not require to be registered at any prothonotary's office, ))ut shall be subject to the ordinary laws of registration ap- plicable to individuals, and such congregation, society or mission shall be entitled to acquire, take and hold lands and real estate, for the purposes aforesaid, without license in mortmain. S. For the relief of any of the said congregations, mis- sions or societies in connection or communion with the churches or religious bodies aforesaid, in this Province, whose deeds of trust heretofore executed, or acts of incor- poration heretofore obtained, made no provision for the filling up from time to time of trusteeyhips vacant by death, removal from the Province, or resignation of trus- tees, and whose property is held under a conveyance to the trustees and their heirs, or to the trustees and their successors, or otherwise, and to regulate in regard to the future acquisition of property, as well by congregations, missions or societies, either already formed, or which may be hereafter formed, any such congregation, or the mem- bers composing such mission or society, may from time to time meet together upon notice by the minister from the pulpit, or at the requisition in writing of any ten persons entitled to vote as hereinafter mentioned (notice of the day, hour and place of such meeting, in either case, being first publicly made in the church or place of meeting for public worship, on two Sabbath days next before such meeting shall be held,) and then and there, at such meet- ing so convened, by a majority of those present and en- titled to vote, to elect and appoint new trustees in the of anv burial- :;( quired , which by any be eon- united society lall not ce, Init }ion ap- ;iety or d lands license ns, mis- trith the rovince, »f incor- for the sant by )f trus- ance to id their 1 to the gations, Lch may 3 mem- time to •om the persons of the B, being ing for L-e such 1 meet- a,nd en- in the PUBLIC STATUTES RELATING TO THE CHURCH. 11 room of such trustees as shall have removed from the Province, resigned or died, and thereupon the property of i the congregation shall ip^o facto become vested in such 1 newly-elected trustees jointly, and with the remaining trustees, if any ; iind such trustees and their successors to bo appointed as aforesaid, shall have full power and authority to hold and adniinisf r the trust or corporate pro})erty of sucli congregation ; provided always, that the said newly-elected trustees shall be members of the said united body in full communion therewith ; and those entitled to vote where there is no provisions on the sub- ject as aforesaid, shall be all persons who are members in full conununion with said contrregation and church. 6. Trustees or other administrators of corporate or trust property of any congregation in connection or com- nmnion with the said united body, may, with the consent of the congregation, or of a majority of those entitled to ! vote at a meeting convened to consider the matter (as ])rovided either by their trust deed or by section number , 5 of this act, for the election of trustees in case of vacan- cies, as the case may be,) mortgage, sell or exchange any real estate belonging to or holden for the use of or in trust , for the said congregation, for the purpose of repairing or securing the debt on any building thereon erected, or of erecting other or more suitable churches, manses oi glebes, ^ or schools, in any other locality that they may deem best, *oi' of purchasing other and more suitable churches, ' manses, glebes or schools ; provided, nevertheless, that J. such mortgage, sale or exchange be first sanctioned by ^the Pi'esbytery under whose care such congregation is ^placed. 7. Clergymen of said united Church shall have the ight to solemnize marriafi^e, and to keep registers of civil "status, and therein to record births, marriages and deaths, -in conformity to the provisions of the Civil Code in this Jjehalf. Any such registers at present in use by any of |the clergymen of the religious bodies so to he united, may 12 PUBLIC STATUTES RELATING TO THE CHURCH. be continued after the union for the current year, as if this act had not been passed and no union had taken place ; and the united l)ody and the several cler<2fymen thereof shall, besides, have, for the purpose of such registers, all the powers that either of the said bodies, or the respective clergymen thereof, had before the union. 8. All other property, real or personal, belonging to or ' held in trust for the use of any of the said churches or religious bodies, or for any college or educational or other institution, or for any trust in connection with any of the said Churches or religious bodies, either generally, or for any special purpose or object, shall from the tiuK; the said contemplated union takes place, and thenceforth, belong to and be held in trust for and to the use in like manner of " The Presbyterian Church of Canada," or for, or to the use in like manner of the said college, educa- tional or other institution or trust in connection there- with. O. But all such property, real or pers6nal, as is affected by this act, shall in all respects, save as aforesaid, be held and administered, as nearly as may be, in the same man- ner and subject to the same conditions, as provided by the deeds of trust, acts of incorporation, or other instruments or authority under which the same is now held or ad- ministered. 10. As soon as the said union takes place, the corpor- ation of the Presbyterian College of Montreal shall stand in the same relation to the Presbyterian Church in Canada, as it now stands to the Canada Presbyterian Church ; and the provisions of the act of the late Province of Canada, 28 Vict., cap. 53, intituled : " An act to incor- porate the Presbyterian College of Montreal," shall con- tinue to apply to said college and corporation ; and all the rights, powers and authorities by said Act vested in the Synod of the Canada Presbyterian Church shall be vested in, apply to, and be exercised by the Supreme Court of the Presbyterian Church in Canada. And in like manner th( s if this n place ; thereof jters, all spective ng to or •ches or Lonal or rith any jnerally, jhe tiiiit) iceforth, ! in like " or for, , educa- n there - attccted be held lie inan- 1 by the; •uinents or ad- corpor- l stand Canada, hurch ; ince of D incor- all con- and all sted in hall be e Court nanner PtTBLlC STUTUTES RELATING TO THE CHURCH. 13 corporation of Morrin College shall stand in the e relation to the Presbyterian Church in Canada, as the same relation to the Presbytei ' it now stands to the Presbyterian Church of Canada in connection with the Church of Scotland ; and all the pro- visions of the act of the late Province of Canada, 24 Vict., cap. 109, intituled : "An act to incorporate Morrin College, of Quebec," shall continue to apply to said college; and all the rights of the Synod of the Presbyterian Church of Can- ada in connection with the Church of Scotland shall be vested ■ in the Supreme Court of the Presbyterian Church in Can- ada ; and all the rights, powers and authorities, vested by ■ the said act in the minister and congregation of St. An- jdrew's Church, Quebec, shall continue to be held and I exercised by said minister and congregation in connec- tion with the Presbyterian Church in Canada ; provided , always, that the said united church shall not be required to elect trustees for any arts department in Morrin Col- lege aforesaid. 11. Whereas the ministers of the said Presbyterian , Church of Canada in connection with the Church of Scotland are entitled to receive incomes from a fund called the Temporalities Fund, administered by a board incorporated by statute of the heretofore Province of (^anada, and it is proposed to preserve to them, and to i their successors, even if the congregation over which they preside do not enter into the union, the income which they derive from the said fund ; it is therefore enacted that the present members of the said board shall continue in office and manage the said fund on behalf of the said ministers now deriving revenue therefrom, and the in- . come to said ministers shall be continued to them and to '; their successors, as aforesaid, so long as such Presbyterian 'ministers are in good standing in the Dominion of Can- ada, whether exercising their ministry or retired, or whether they are, or are not, in connection with the ^united church : provided that the successors of ministers of congregations in the Province of Quebec existing at :^he time of the union, which do not enter into such union, 14 I'LTHLIC STATUTES RELATING TO THE CHlTIlCfl. 11 shall retain the sairio rights to th(5 benefits of the Tempo- ralities Finul, whicli tliey would have had if such union had not taken placi;. So soon as any part of tlu^ revenue aceruing from said fund is not recjuired to meet the pay- nient of said incomes and other vested rights in tin; fund, and expenses therewith, the same shall pass to and be subject to the disposal of the said united Churcli ; and any part of said fund that may remain to the good after the death of the last survivor of the said ministers, shall thereupon pass to and be subject to the disposal of the Supreme Court of said united Church, for the purpose of a Home Mission Fund for aidin PUBLIC STATUTES aEIATING TO THE CHURCH. Dominion Legislature, and the several Legislatures of the other Provinces, to pass such laws as will recognise and approve of such union throughout and within their re- spective jurisdictions. iii New Brunswick. — 38 Vicft. cap. 99. — An Act respecting the union of certain Presbyterian Churches therein named. (Passed 10th April, 1815.) WHEREAS the Canada Presbyterian Church, the Presbyterian Church of Canada in connection with the Cliurch of Scotland, the Church of the Maritime Provinces in connection with the Church of Scotland, and the Presbyterian Church of the Lower Provinces, have severally agreed to unite together and form one body or denomination of Christians, under the name of " The Presbyterian Church in Canada ;" and the Modera- tors of the General Assembly of the Canada Pi-esbyterian Church, and of the Synods of the Presbyi^erian Church of Canada in connection with the Church of Scotland, and the Church of the Maritime Provinces in connection with the Church of Scotland, and the Presbyterian Church of the Lower Provinces, respectively, by and with the consent of the said General Assembly and Synods, have, by their petitions, stating such agreement to unite as aforesaid, prayed that for the furtherance of this their purpose, and to remove any obstructions to such union which may arise out of the present form and designation of the several trusts or acts of incorporation by which the property of the said Churches, and of the colleges and congregations connected with the said Churches, or any of them respectively, are held and administered or other- wise, certain legislative provisions may be made in refer- ence to the property of the said Churches, colleges and congregations situated within New Brunswick, and other matters affecting the same in view of said union ; I .:; PUBLIC STATUTES RELATING TO THE CHURCH. 17 Be it therefore enacted by the Lieutenant Governor, Legislative Council, and Assembly, as follows : 1. As soon as the union takes place, all property, real or personal, within New Brunswick, now belon«^ing to or held in trust for or to the use of any congregation in con- nection or communion with the Presbyterian (Jhuvch of New Brunswick, now united with the aforesaid Presbv- terian Church of the Lower Provinces, shall thenceforth be held, used and administered for the benefit of the same con(jref{ation in connection or communion with the united body, under the name of " The Presbyterian Church in Canada." — 2. Provided always, that if any congregation in con- nection or communion with any of the said Churches shall, at a meeting of said congregation regularly called according to the constitution of the said congregation or practice of the Church with which it is connected, and held within six months after the said union takes place, decide by a majority of the votes of those who by the constitution of the said congregation or the practice of the Church with which it is connected, are entitled to vote at such a meeting, not to enter into the said union, but to dissent tlierefrom, then and in such case, the con- gregational property of the said congregation shall remain unattested by this act or an}'- of the provisions thereof; but in the event of any congregation so dissenting as aforesaid, at any future time resolving to enter into and to adhere to the said united Church, then from the time jof such resolution being come to, this act and the pro- visions thereof shall apply to the property of such con- l^/egation. 3. Congregations may, from time to time, alter or vary my of the provisions contained in the trust deeds under diich their property is held, or in their constitutions, diich relate to the mode in which their affairs and pro- perty shall be managed or regulated, and to the persons [who _' '^ll be entitled to take part in such management B ^^ i mm 18 PUBLIC STATUTES RELATING TO THE CHURCH. l!ii< llil'- or to vote at meetings of the congregation on (questions affecting the affairs and property of the congregation or the management thereof; but the sanction of the Presby- tery within whose bounds such congregation is placed shall be obtained before any such alteration or variation shall take effect. 4. The several clauses and provisions of the act of the General Assembly of New Brunswick, twenty-second Victoria, chapter six, intituled " An act for incorporating the Synod of the Church known as the Presbyterian Church of New Brunswick, and the several congregations connected therewith," shall apply, except in those cases where such clauses and provisions are inconsistent with the provisions of this act, to the various congregations of said Church in New Brunswick, in connection or com- munion with the Presbyterian Church in Canada; Pro- vided always, that before any of the powers of leasing, if for a period exceeding seven years, selling, exchanging or mortgaging, be exercised by any congregation or by the trustees thereof, the sanction of the Presbytery within whose bounds such congregation is placed shall be ob- tained. •I. All other property, real or personal, belonging to or held in trust for the use of any of the said Churches or religious bodies, or for any college or educational or othei' institution, or for any trust in connection with any of the said Churches or religious bodies, either generally or for any special purpose or object, shall from the time the said contemplated union takes place, and thenceforth, belong to and be held in trust for and to the use in like manner of " The Presbyterian Church in Canada," or for or to the use in like manner of the said collesfe, educa- tional or other institution or trust in connection there- with. 6. But all such property, real or personal, as is affectey death, removal from the Province, incapacity to act, or resignation of the trustees, such congregation or church, so soon as the same shall be in connection or com- munion with the said united body, may at any regular meeting, held in accordance with their act of incorpora- tion or deed of trust, by a majority of those present and entitled to vote, elect and appoint new trustees in ])lace of such trustees as shall have been i-emoved from the Pro- vince, become incapable to act, resigned or died, or shall " have ceased to be members in communion with the said united body, and such newly appointed trustees and their successors so to be appointed shall have full power and authority to hold and administer the trust or corj)orate , property of such congregation. 4. Conveyances heretofore made of any lands or real • estate with a view to the erection of any church, of any school in connection with a chui'ch, or of any manse or - parsonage thereon, and wherever such church, school- liouse, or parsonage shall have been erected, and be now, or at any time hereafter owned by any congregation in con- nection with the said united body, shall be held, not- withstanding any want of form therein, to pass the fee ' sim|)le in such land to the trustees of such church duly appointed under any deed or will, or under any statute of this Province, or under this act. -; •5. Conveyances of any lands or real estate, heretofore -%na(le to trustees, or to trustees and their successors, for ^lie use of any congregation or any church now or here- after to be in connection with the said united body, shall |>e deemed valid conveyances in fee simple, notwithstand- ing that the heirs of the trustees are not named, and not- 4i i! 'I llii !!IH m lljlli 22 VVBLiC STATUTES JIELATIN({ TO THE CHURCH. witlistanding that the manner of appointing successors is not prQvided in such conveyance, or in any will devising such lands. 6. Nothing in this act contained shall abridge or take away the rights or privileges of any pew-holder, or any other person or persons, whomsoever, without just com- pensation being first made to such person or persons to be ascertained, in case of disagreement, by arbitrators to be mutually chosen. 7. This act shall not be construed so as in anywise to repeal, alter, affect or vary any of the pr(Jvisions in any special act or charter of incorporation, or deed of trust referring to any particular congreo^ation, college, educa- tional or any other institution or trust connected with the Church of Scotland or the Presbyterian Church of the Lower Provinces, respectively, but any additional lights or privileges conferred by this act shall be construed as supplementary to the provisions contained in any such special act, charter of incorporation or deed of trust. ii Nova Scotia. — 38 Vict. cap. 99. — An Act concerning the Congregations of (Jhurches connected with the Church of Scotland in Nova Scotia. (Parsed Gfh May, 1875.) WHEREAS negotiations have been entered into be- tween the Churches known as the Canada Pres- byterian Church, the Presbyterian Church in Canada in connection with the Church of Scotland, the Presbyterian Cliurch of the Lower Provinces of British North America, and the Presbvterian Church of the Maritime Provinces in connection with the Church of Scotland, to effect a union under the title of " The Presbyterian Church in Canada ;" and the terms of such union have been finally assented to by the Supreme Courts of those Churches re- spectively ; and whereas, it is advisable, before the union PUBLIC STATUTES RELATING T(J THE CHURCH. 23 m of the negotiating Churches is consununatcd to protect the property and rights of the congregations connected with the Church of Scotland in this Province who may enter into such union ; Be it therefore enacted, by tlie Governor, Council and Assembly, as follows : 1. All property, real and personal now belonging to, or held in trust for or to the use of any congregation, heretofore and now connected with the Church of Scot- land, whether the same shall have been organized under the Revised Statutes or under deeds of trust, or under acts of incorporation, or as union, or as joint stock churches, or otherwise however, shall continue, on and after the consummation of such union, to be possessed and held by and shall be used for the benefit of the same congregation, to the same extent as heretofore, after it shall have en- tered into such union. 58. Where, in any act of incorporation, deed of trust or conveyance operating as such, or in any will, any congre- gation connected with the Church of Scotland is men- tioned, or intended to be benefited, such act, deed of trust, conveyance, or will shall be understood and construed as I'eferring to the same congregation or church, so soon as it shall have entered into connection or communion with such united body. 3. Where in the act of incorporation or deed of trust of any congregation or church heretofore connected with the Church of Scotland, or in any conveyance in the nature of a trust, or in any will, no provision has been made for the filling up, from time to time, of trusteeships, vacant by death, removal from the Province, incapacity to act or resignation of the trustees ; such congregation or church so soon as the same shall be in connection or couununion with said united body may at any regular meeting held in accordance with the act of incorpora- tion or deed of trust by a majority of those present and entitled to vote, elect and appoint new trustees in place of such trustees as shall have removed from the Province, 'I - 1 -'•^^1 »ii| 24 PUBLIC STATUTES RELATING TO THE CHURCH. become incapable to act, resigned or died, or shall have ceased to be members in communion with the united body, and such newly appointed trustees and their suc- cessors, to be appointed, shall have full powder aiid authori- ty to hold and administer the trust or corporate property of such congregation. 4. Conveyances heretofore made of any lands or real estate, with a view to the erection of any church, or any school in connection with a church, or of any manse or parsonage thereon, and wherever such church, school- house, manse or parsonage shall have been erected, and be now, or at anytime hereafter, owned by any congrega- ti(^n in connection with such united body, shall be held notwithstanding any want of form therein, to pass the fee simple in such land to the trustees of such church, duly appointed under any deed or will, or under any statute of this Province or under this act. 5. Conveyances of any lands or real estate, heretofore made to trustees, or to trustees and successors, for the use of any congregation, or any church, now or hereafter in connection or communion with such united body, shall be deemed valid conveyances in fee simple, notwithstanding that the heirs of the trustees are not named and not- withstanding that the manner of appointing successors is not provided in such conveyances, or in any will devising such lands. 6. Nothing in this act contained shall abridge or take away the rights or privileges of any pew-holder, or any other person whomsoever, without just compensation being tirst made to such pew- holder or other person. Such compensation in case of disagreement, shall be ascer- tained b}'' arbitration, chosen as follows : one by the trus- tees or managing committee of the church or congrega- tion, and one by such pew-holder or other person, and (in case of a difference of opinion between such two arbitra- tors) a third to be chosen as umpire by such two arbitra- r"l Mi TflPppw-ipwwTwsiwpnw^*? PUBLIC STATUTES RKLATING TO THK CUtTHCll. S-' lanse or tors. The award of any two of the persons so chosen shall be final. 7. This act shall not bo construed so as in anywise to repeal, alter, affect or vary any of the provisions in any .special act or charter of incori)ovation or deed of trust referring to any particular congregation, college;, educa- tional or other institution or trust connectecl with the church ; but any additional rights or privileges conferred by this act shall be construed as supplementary to the provisions contained in any such special act, charter of incorporation or deed of trust. 8. No vested rights or freehold pi'operty of any con- gregation or church shall be transferred or convcn-ted, ex- cept on the vote of two-thirds of the pew-owners, passed at a public meeting called for tlie purpose after due notice. 9. The Act shall come into force so soon as the union of the four churches named in the preamble shall have been consummated, and the articles of such union shall have been signed by the Moderators of such respective Churches. 10. So much of the existing law as is inconsistent with this act is repealed. 88 Vict. cap. 100. — An Act concerning the Presby- terian Church of the Lower Provinces of British North America. (Passed Gtli Mai/, 1875.) WHEREAS negotiations have been entered into be- tween the Churches known as the Canada Pres- byterian Church, the Presbyterian Church in Canada in connection witli the Church of Scotland, the Presbyterian Church of the Lower Provinces of British North America, and the Presbyterian Church of the Maritime Provinces in connection with the Church of Scotland, to effect a II lU li^ "2(j PUBLIC STATUTES RELATING TO THE CHURCH. union under the title of " The Presbyterian Church in Canaefore it shall take [)lace. 4. The board of trustees may appoint a Vice-Principal of the said college, and such Vice-Principal shall, in the absence of the Principal, take the place and discharge the duties of the Principal. 5. The chairman of the board of trustees shall have the right to vote the same as other members of the board on all motions submitted to any meeting of the trustees ; and, in case of an equality of votes upon any motion, he shall also have the right of a casting vote. 0. The power hitherto vested in the corporation of Queen's College, to take, purchase, acquire, have, hold, enjoy, receive, possess, and maintain in law, to and for the use of the said college, any messuages, lands, tenements and hereditaments, goods, chattels, moneys, stocks, chari- table or other contributions, gifts, benefactions or bequests whatsoever, shall not be limited, from and after the date hereof by any statute or statutes of mortmain. 1. The college senate shall ha,ve power to pass by-laws touching any matter or thing pertaining to the conditions on which degrees in the several arts and faculties may be conferred, whether the said degrees be such as are gained in course or such as are honorary, or whether they be con- ferred on matriculants of Queen's College or other persons; bit any such by-law shall be reported to the first meet ing of the board of trustees after being passed, and shall cease to be in force if disapproved of by the board. ■■ m ■ m \T : 54 PUBLIC STATUTES RELATING TO THE COLLEGES. 8. The tiTistees, lecturers, tutors, fellows, frraduates, and alumni or students being undergraduates of the said College, shall have power and authority to meet in con- vocation for the public conferring of degrees and other honours and distinctions awarded or granted by the col- lege senate, for the installation of the Chancellor here- after mentioned, Principal, or any professor, duly elected or appointed according to the provisions of the aforesaid Letters Patent, and for such other purposes as the uni- versity council, constituted as hereinafter provided, shall from time to time determine. O. There shall be in connection with the said Queen's College a council which shall be called the Univer- sity Council of Queen's College, and the said coun- cil shall, as to membership, consist of all the trustees of the said college, for the time being, and their successors, and of all the members of the college senate, for the time being, and their successors, and of as many graduates or alunmi as shall be equal in number to these aforesaid members taken together ; and the members of the coun- cil other than the trustees and members of the college senate, shall be appointed, in the first instance by the trustees and members of the college senate, at a meet- ing thereof to be convened by the chairman of the board of trustees causing a written or a printed notice to be mailed to each of them at least fifteen days before the meeting, and within one year after this act shall come into force ; but the successors of the graduates and alumni so ap|)ointed shall be elective members of the council, and shall be elected in the manner following, that is to say : — within one year after tl.e holding of the aforesaid meeting and appointing of the aforesaid members, the chairman of the board of trustees shall convene a meet- ing of the council constituted in the manner aforesaid by causing a .written or printed notice to be mailed to each member at least fifteen days before the meeting, and at the said meeting, or any meeting adjounied therefrom, or held subsequent thereto, the members present, provided PUBLIC STATUTES RELATING TO THE COLLEGES. 55 their number be not less than fifteen, shall have power and authority to frame and pass by-laws for the follow- ing purposes, that is to say : — (1.) For the obtaining of a registration of such gradu- ates and alumni of Queen's College as may desire to vote for elective members of the council and for a Chancellor of the University of Queen's College as hereinafter pro- vided, and to be considered eligible for election to mem- bership in the council, and such registration shail be a condition of any graduate or alumnus voting or being elected ; provided always that the council shall not admit to such registration any alumnus actually attending classes in Queen's College, or any alumnus who may have left Queen's College without being a matriculant of two yeai's' standing, or any graduate who has not matricu- lated at least once as an alumnus or student of Queen's College, or any alumnus who shall matriculate after the year 1879, until such alumnus shall become a graduate of said college. (2.) For the retiring annually of a certain number, not being less than five nor more than eight of the elective members, and for the election of their successors by gradu- ates and alumni duly registered as hereinbefore provided, and also for the election of persons to fill vacancies that may occur from time to time by death, resignation, uv otherwise. (3.) For the appointment and removal of a Secretary and such other officers as the council ma-y deem necessary or expedient. (4.) For the election of a Chancellor, who shall be chosen without respect to his ecclesiastical connection except that he must be a Protestant, who shall be designated the Chancellor of Queen's University, who shall be the highest officer of the university and college, who, as such highest officer, shall preside at all meetings of convocation and of the university council, and at all statutory meet- ings of the college senate at which he may be present, 56 PUBLIC STATUTES RELATING TO THE COLLEGES. i m !■ who shall have both a deliberative and a casting vote on all motions submitted to any such meetings, and who shall hold office for three years from the date of his elec- tion and longer if need be, until his successor be chosen ; provided always that if two or more candidates for the office of Chancellor be at any time nominated at the meet- ing of the council called for the nomination of a Chan- cellor, the election of one of the candidates shall be referred to the graduates and alumni registered as aforesaid, and shall be decided by a majority of their votes taken accord- ing to such by-laws as may be framed and passed by the council. 10. The university council, constituted in the manner hereinbefore provided, shall have and may exercise the powers following, that is to say : — (1) The power of dis- cussing any matter whatsoever relating to the said col- lege, and of declaring the opinion of the council on such matter ; (2) The power of taking into consideration all questions affecting the well-being and prosperity of the said college, and of making representations from time to time on such questions to the board of trustees and the college senate, or either of the said bodies, who shall consider the same and return to the council their conclu- sions thereon ; (3) The power of deciding upon such terms as the board of trustees shall propose in writing as to the affiliation of any college or school with the Univer- sity of Queen's College aforesaid ; (4) The power of de- termining all matters pertaining to the calling of meetings of the council and of convocation, whether the same be annual, adjourned, or special meetings, of fixing the num- ber of members that shall be a quorum for the despatch of business at all such meetings, or any or either of them, and of deciding upon and regulating the mode of conduct- ing its own proceedings and the proceedings of convoca- tion ; (5) The power of framing a declaration of fidelity to his office on the part of the Chancellor, and of deter- mining what shall be the form of his assent thereto, and also of appointing the ceremonies to be observed at his ;*« • n;t PUBLIC STATUTES RF.LATING TO THE COLLEGES. o7 installation and the manner of their obHcrvancc ; (6) The {)Ower of i'eqiiinn. In case the said Canada Presbyterian Church, or such united body as aforesaid, shall determine to form itself into two or more Synods and to form one General Assembly, which shall have supreme jurisdiction in such Church or united body, then all the rights, powers and authorities by this act vested in the Synod of the Canada Presbyterian Church, or in the Synod of such united body as aforesaid, shall be divested from the said Synod and be applied to and be vested in such General Assembly ; and for the purpose of this Act such General Assembly or Supreme Court shall thenceforth exclusively exercise all the rights, powers and authorities conferred by this act on the Synod of the Canada Presbyterian Church. 6. The said Presbyterian College of Montreal may at any time become affiliated to the Univers^ity of McGill College upon such terms as the said university and the said Presbyterian College of Montreal may agree upon. 70 PURIJC STATUTES RELATINO TO THE COLLEGES. 30 Vict. cap. 33. — An Act to Incorporate tlie College of Manitoba. (Assented to J 8th March, 1875.) rf7HEREA8 the Hon. Donald A. Smith, the Hon. W Ajidrew Graham H. Bannatyne, the Hon. Wm. Fraser, the Hon. Donald Gunn, the Hon. John Suther- land, James Cunningliam, M. P. P., and Duncan Sinclair, have, l)y their petition represented that an Educitional Institution has been for some time, and is now in oper- ation in this Province in connection with, and under the authority of, the General Assembly of the Canada Pres- byterian Church, and whereas it would tend to advance and extend the usefulness of the said institution and pro- mote the purposes for which it has been established, that it should be incorporated : Therefore, Her Majesty, by and with the advice and consent of the Legislative (coun- cil and Legislative Assembly of the Province of Mani- toba, enacts as follows : — 1. The Hon. Donald A.^Smith, of Winnipeg; the Hon. Andraw Graha n B. Bannatyne, of Winnipeg ; the Hon. William Fraser, of Kildonan ; the Hon. Donald Gunn, of Little Britain ; the Hon. John Sutherland, of Kildonan ; James Cunningham, M. P. P., of Headingly ; Duncan Sinclair, of Winnipeg, and such persons as may from time to time be and become members of the Canada Presbyterian Church within the limits of Manitoba, shall be and are hereby constituted a body politic and corpor- ate bv and under the name of " The College of Mani- toba," for the education of youth and the promotion of classical and scientific knowledge. %. The said corporation shall, by the name of the Col- lege of Manitoba, have perpetual succession, and a com- mon seal, and by such name may, from time to time, and at all times hereafter, acquire, hold, possess and enjoy, and may have, take and receive for them and their successors, any lands, tenenients and hereditaments, PUBLIC STATUTES RELATING TO THE COLLEGES. 71 and rertl and immovable property and estate within tho Province necessary for actual use and occupation as col- lege buildings and offices, residences for the professors, tutors, students and officers, with gardens or pleasure grounds pertaining thereto, and the same may sell, alie- nate and dispose of, and others in their stead purchase, acquire and hold for the uses and purposes aforesaid : Provided always,, that the annual value of such real estate so held as aforesaid does not exceed the sum of $10,000. 3. The said corj)oration may, by the name aforesaid, acquire any other real estate or interest therein by gift, • devise or bequest, if made at least six months before the death of the party making the same, and may hold such estate or interest therein for a period of not more than seven years ; and tlie same or any part thereof or interest therein, which may not, within the said period, have been alienated or disposed of, shall revert to the party from whom the same was acquired, his heirs or other repre- sentatives ; and the proceeds of such property as shall have been disposed of during the said period may 1)6 invested in the public securities of the Dominion of Can- ada or of this Province, or in other approved securities for the use of the said corporation. 4. The affairs of the said corporation shall be managed l)y a board of management consisting of fifteen members ; and the Hon. Donald A. Smith, the Hon. A. G. A. Banna- tyne, the Hon. William Fraser, the Hon. Donald Gunn, the Hon. John Sutherland, Neil Henderson, Duncan Mc- Arthur, Gilbert McMicken, John F. Bain, John Fraser, John Sutherland, M. P. P., the Rev. John Black, James Cunningham, M. P. P., the Rev. John McNabb, and the Rev. Professor George Bryce, shall constitute the first board of management, and shall continue to hold office until their successors are appointed as hereinafter men- tioned. 72 PUBLIC STATUTES RELATING TO THE COLLEGES. n 5. The board of raanageinent shall be apijointed by the General Assembly of the Canada Presbyterian Church, in such manner as the said General Assembly may from time to time by rule or by-law appoint. 6. The board of management shall have the whole management of the financial affairs of the said corpora- tion, shall receive and disburse all its money, control, keep and manage all its property and transact all business relating to property and money committed to its care by the General Assembly or otherwise, and shall at all times and in all things observe and obey the orders and instruc- tions of the said General Assembly. 7. The professors in the said college, together with three members of the board of management nominated by the said board annually for that purpose, shall consti- tute the senate of the said college, to whom shall be en- trusted the reception, academical superintendence and discipline of the students and of all other persons within the said college. 8. The power of appointing and removing professors and tutors in the said College shall be and the same is hereby vested in the General Assembly of the Canada Presbyterian Church : Provided always, that the said General Assembly may by rule or by-law delegate to the board of management the power of appointing and re- moving professors and tutors, under such restrictions and regulations as the said General Assembly may from time to time deem expedient. 9. The said General AsF'^mbly may from time to time make rules oi* by-laws for the government of the said cor- poration and for the guidance of the said board of manage- ment, and may alter, amend and annul the said rales or by-laws from time to time : Piovided always, that such rules or by-laws be not contrary to this act or repugnant to the laws of this Province. 10. The .said rules or by-laws .shall be entered in a book kept for such purpose and signed by the moderator of PURLIC STATUTES RELATING TO THE COLLEGES. 78 the General Assembly at which the same are adopted or passed, and by the clerk or clerks thereof, and such book shall be deposited among the records of the said General Assembly. 11. A copy of the said rules or by-laws certified under the iJtind of the clerk or one of the clerks (if more than one) of the said General Assembly shall be admitted and received as evidence of the said rules or by-laws and of the contents thereof in any court of tliis Province, and for all purposes, without proof of the signature of tlie said clerk. 12. The said General Assembly may at any future time make provision in connection with the said college and as part of the ))roper work thereof for the education of students in theology, under the authority and {record- ing to the prir.ci[)les and standards of the Canada Presby- terian Church : Provided always, that any resolution or by-law passed by the General Assembly in pursuance of the power conferred by this section shall declare the theo- logical doctrines and principles which shall be taught in the said college, or what are the books and documents in which the said princi})les are contained, and such declar- ation shall be irrevocable in so far as the said college shall be concerned, and shall be held at all times thereafter to contain the theological doctrines and })rinciples to be taught in the said college; and a copy of the said reso- lution or by-law, certified under the hand of the moder- ator of the General Assembly at which the same may be adopted or passed, and of the eleik or clerks thereof shall be filed in the office of the Secietary of this Province within six months after the same has been passed or adopted: Provided always, in tlie event of a union tak- ing place at any time or times hereafter between the Canada Presbyterian Church and any other body oi- hod'v^s of Presbyterians .as hereinafter set foi'th, the basis of union which r.hall or may be adopted by such Chui'ch and such other body or bodies of Presbyterians for such U : a ' it ltl V l. ii. 74 PUBLIC STATUTES RELATING TO TITE COLLEGES. union, shall be hf^ld and taken to be and form part of such declaration of theological doctrines and principles, and to interpret the same in manner as fully and effectually to ^'il intents and purposes as if the same had been originally incorporated therewith and had formed part thereof 13. In case the body of christians known under the name of the Canada Presbyterian Church shall at any time or times hereafter, under that or any other name, unite itself with any other body of Presbyterians, and in case such united body of Presbyterians shall agree to hold and slmll hold a General Assembly once or oftener in each year, according to the manner now in use in the said Canada Presbyterian Church, then, and in every such case, this act shall apply to such united body of Pres- byterians, under whatever name they shall have formed such union ; and all rights, powers and authori- ties vested in the General Assembly of the Canada Pres- byterian Church shall be vested in and apply to the Gen- eral Assembly of such united body, under whatever name or designation such united body may be known. 14. All and every the estate and property, real and personal, held by any person or persons as trustees, for or on behalf of the said educational institution mentioned in tlie preamble of this act, and all debts, claims and rights whatsoever due to any person or persons for the purposes of the said institution, shall be and are hereby vested in the corporation hereby established, and all debts due by and all claims against any i)erson or persons, on behalf of the said institution, shall be paid, discharged and satisfied by the said corporation. 15. All existing rules and regulations for the govern- ment of the said educational institution shall be the rules and regulations foi- the government of the corporation hereby established until the General Assembly of the Canada Presbyterian Church shall pass rides and by-laws for the government thereof, and for the guidance of the board of management as hereinbefore provided, .1 u PART UL PUBLIC statutp:s relating to schemes of THE CHURCH. -iff on fed Irn- iles ion Llie WIDOWS AND ORPHANS FUND. (.ANADA. — 10 & 11 Vict., cap. 103. — An Act to Incorpor- ate the Managers of the Ministers' Widows' and Oi'- phans' Fund of the Synod of the Presbyterian Church of Canada in connection witli the Cliurch of Scotland. (Assented to 2Sth July, 1S47.) \\J HEREAS it hath been represented to the Legisla- VV ture of this Piovince, that it is highly expedient and desirable that provision should be made for the es- tablishment of a fund for the support of the widows and oiphans of ministers of the Presbyterian Church of Ca- nada in connection with the Church of Scotland ; and whereas the due and proper collection, administration, investment, application and management of such a fund will be best secured by the erection of a corporation for tliat purpose, composed of meml^ers of the said Cliurch : Be it therefore enacted l)y the Queen's Most Excellent iMajesty, by and with the advice and consent of the Le- gislative Council and of tlie Legislative Asseml)ly of the Province of Canada, constituted and assembled by virtue of and under the authority of an act })assed m the Parr liament of the United Kingdom of Great Britain arid Ire- land, intituled "An Act to reunite the Pi-ovinces of Upper and Lower Canada, and for the Government of Canada," and it is hereby enacted by the authority of the same, that the Reverend Alex. Mathieson, Doctor in Divinity, the Rev. John Cook, Doctor in Divinity, the Reverend T-y^m'-im.-ji^-' ^^■' 76 PUBLIC STATUTES RELATING TO SCHEMES. : .lii! Walter Roach, the Reverend Robert McGill, Alexander Sim})son, Es(iuire, Hew Ramsay, Esquire, Thomas Wilson, Esquire, William Whiteford, Esquire, William Edmond- stone. Esquire, Hugh Montgomery, Esquire, John Green- shields, Esquire, and Andrew Shaw, Esquire, and their successors, to be elected in the manner hereinafter pro- vided, shall be, and they are hereby declared to be a body corporate and politic in name and in deed, by the name of The Managers of the Ministers' Widows' and Orphans' Fund of the Synod of the Presbyterian Church of Cana- da in connection with the Church of Scotland, and by that name shall have perpetual succession and 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 successors by the same name may sue and be sued, implead and be impleaded, answer and be answered unto, in any court of record or place of judicature in this Province ; and that they and their successors, by the name aforesaid, shall be able and capable in law to pur- chase, take, have, hold, receive, enjoy, possess and retain, without license in mortmain, or lettres cVamo7'tis8cment, all messuages, lands, tenements, and immoveable property, money, goods, chattels, and moveable property which have been, or hereafter shall be paid, given, granted, pur- chased, appropriated, devised or bequeathed in any man- ner or way whatsoever to, for, and in favour of the said The Managers of the Ministers' Widows' and Orphans' Fund of the Synod of the Presbyterian Church of Canada in connection with the Church of Scotland, to and for the use and purpose aforesaid, provided the same shall not exceed at any time in yearly value tlie sum of one thou- sand five hundred pounds currency. a. And be it enacted, that one minister and two lav- men shall retire from the said corporation annually, in rotation, on the second day of the annual meeting of the said Synod, and their places shall be supplied by one minister and two laymen, who shall be then and there chosen for that purpose by the said Synod, the retiring PUBLIC STATUTES RELATING TO SCHEMES. 77 members being eligible for re-election ; and whenever a vacancy shall occur by the death, removal, resignation or secession from the said Church of any member of the said corporation, his place shall be supplied by a minister or layman as the case may be, chosen by the rest of the members thereof, or the major part of them, who shall be present at a general meeting duly cc)nvened for that pur- pose (subject, however, to the approval of the said Synod at its then next meeting), so that the said corporation shall always consist of twelv'^e members, of whom four shall be ministers, and eight shall be laymen, all being members of the said Presbyterian Church of Canada in connection with the Church of Scotland. S. And be it enacted, that the retirement of the first members of the said corporation shall take place in the inverse order to that in which they are named in this act, so that the minister and the two laymen who are last above named shall be the first to retire, and the min- ister and the two laymen who are first al ove named shall be the last to retire ; and when there shall no longer be one of the ministers above named in the said corporation who shall not have once retired in annual rotation, that minister shall retire therefrom each year as above directed, who shall have been longest a member thereof without having been re-elected ; and in like manner when there shall no longer be any of the laymen above named in the said corporation, who shall not have once retired in aimual rotation, those two laymen shall retire therefrom each year as above directed, who shall have been longest mem- bers thereof without having been re-elected ; and if it should happen that there should remain at last, from an}'^ cause, but one of the said laymen above named who shall not have once retired in annual rotation, and two or more laymen who shall have been longest members with- out having been re-elected, shall have so been members during an equal time, or if at any time, for any cause, it sliall become a question which of two or more lay mem- bers of the said corporation, having been equally long 78 PUBLIC STATUTES RELATING TO SCHEMES. ^ III J '•''{ members thereof, without having been re-elected, should retire therefrom in rotation, that one of those two of such members shall so retire wlio shall have been elected at his or their last election by the fewest votes in the said Synod. 4. And be it enacted, that the said Reverend Alexan- der Mathieson may call a meeting of the members of the said corporation at such time within twelve months from the passing of this act, and at such place as he may see fit to appoint, at winch meeting the members of the said corporation, or the major part of such of them as shall be then and there present, shall choose from among the members of the said corporation one chairman, one treas- urer, and one secretary, who shall hold their respective offices during the pleasure of the said corporation, and whose places shall be filled by new elections from among the members of the said corporation, as often as occasion shall require. 5. And be it enacted, that the members of the said corporation, or the major part of such of them as shall be present at any general meeting of the said corporation duly convened, shall have power jind authority to frame and make statutes, by-laws, rulef^- and onlers, touching and concerning the good government of th«. said corpora- tion, and the income and property thereof, and the col- lection, administration, investment, application and man- agement of the fund aforesaid, and any other matter or thing whicli to them may seem fit or expedient for the ftfiectual attainment of the objects of the said corporation, and the administration of its concerns, and for fixing, cs- certaininrovi *;; ^'J "-? /^ Photographic Sciences Corporation '1^ V \\ %^^ O^ ^ ^J% '^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 '% f^ '^* Q W.r ^ ^ «»■*•■ h I 90 PUBLIC STATUTES RELATING To SCHEMES. iivt 1 il Reign, and intituled : " An act to incorporate the board for the management of the Temporalities Fund of the Presbyterian Church of Canada in connection with the Church of Scotland," requires to be amended in such wise as to define the classes of security in which the said board may invest their funds ; and it is expedient so to amend the same ; Therefore, Her Majesty, by and with the ad- vice and consent of the Legislature of Quebec, enacts as follows : 1. The board for the management of the Temporalities' Fund of the Presbyterian Church of Canada in connec- tion with the Church of Scotland, may invest their funds in any stock or bonds of the Province of Quebec, or On- tario, or of the Dominion of Canada, or in the stock or bonds of any city or municipal or other corporation in the said Provinces of Quebec or Ontario, and may also invest their funds on the security of hypothecs on real estate in the Province of Quebec, and the said board shall have |)ower, irom time to time, to vary, plter or renew, any of the investments made, or to be made by them, in manner aforesaid. 2. Any real estate within the Province of Quebec, which having been hypothecated to the board may be- come the property of the board b}' purchase at sheriff's sale or otherwise, in order to the protection of the interest therein of the said board, shall be sold within five years from the time when the same becomes the property of the said corporation, and if sold within the said period of five years, shall not revert to the party from whom the same came to the corporation, or to his or her heirs, de- visees or other representatives, anything in the said act to the contrary notwithstanding. PUBLIC STATUTES RELATING TO SCHEMES. 91 QlJEHEC. — S8 "Vict., cap. 04. — An Act to amend the Act intitlecl "An Act to incorporate tlic Board for the nian- a 6. The books and affairs of the said board shall be audited once in each year 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 afiTairs of the fund, and to the annual statement and report to be made under section 5. 8. The 3rd section of this act shall continue in force until the number of beneficiaries is reduced below fifteen; and so soon as the number is reduced below fifteen, the said board 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 board. PUBLIC STATUTES RELATING TO SCHEMES. 95 9. All provisions contained in any previous act or amendment, inconsistent with the provisions of this act, relating to the said board for the management of the Temporalities Fund, are hereby repealed. 10. This act shall come into force so soon as a notice shall have been published in the Quel)ec Official Gazette, to the effect that the union of the said four churches has been consummated, and the articles of such union have been signed by the moderators of the said respective Churches. ' 11. This act shall be deemed a public act. BOARD OF EDUCATION. Nova Scotia. — 24 Vict., caj). 68. — An Act to incorporate the Board of Education of the Presbyterian Church of the Lower Provinces of British North America. '•> ' (Passed lotk, April, 1861.) IT 7" HERE AS the two bodies of Christians known as V ?' the Presbyterian Church of Nova Scotia and the Free Church of Nova Scotia have lately been united into one, by the name of " The Presbyterian Church of the Lower Provinces of British North America/' and they are desirous that the two educational institutions incorpo- rated in this Province, by the acts 9 Vict., chap. 36, and 19 Vict., chap. 81, should be consolidated and incorporated into one by the name given in this act : Be it therefore enacted by the Governor, Council and Assembly as fol- lows : 1. The act 9 Vict., chap. 36, entitled " An act to in- corporate the Educational Board of the Presbyterian Church of Nova Scotia," and the act 19 Vict., chap. 81, entitled " An act to incorporate the College and Academy rlii ki 96 PUBLIC STATUTES RELATING TO SCHEMES. IM ■ 1 ( Board of the Fres Church of Nova Scotia," are hereby repealed. H. The Rev. Andrew Kinc:, the Rev. John Locfan Mui doch, the Rev. William Lyell, the Rev. Peter Gordon McGregor, the Rev. Alexander McKnight, the Rev. James Smith, the Rev. John Campbell, Abram Patterson, Andrew McKinlay,Roderick McGregor, Robert Romans, Charles D. Hunter, James H. Liddell, Adam Dickie, George Buist, Isaac Logan, Howard D. Steele, John D. Christie and Antliony McLellan, Esquires, together with the moderator and clerks, for the time being, of the Synod of such united body, and all other person or ])ersons who shall or niay hereafter be duly ap}■ >.. ■■il; H^li^nS ti I m < : i) MMM Bi 98 PUBLIC STATUTES REi^ATING TO SCHEMES. ii i of any members to fill their places, or to add to tlie num- ber of the board ; and any member may be at liberty to resign his seat at such board, and by his resignation he shall cease to be a member thereof : Provided that the Synod shall have the power of nominating and appoint- ing any person or persons to fill the place of those who may so resign, and that no person shall be appointed a member of such board unless he be at the time of his ap- pointment in full communion with the Presbyterian Church of the Lower Provinces of British North America. 7 If at any time hereafter the S^^nod shall unite with any orthodox body of Christians, either in this or in any of the adjoining Provinces, so as to form one Ecclesiasti- cal Synod, the property and funds hereby vested in the board shall be deemed and be the property and funds of the united body, upon such terms and conditions as the uniting parties may agree to, and notwithstanding any change or difference in the name assumed by the united body from that by which the Synod is now known : Provided that the funds shall be applied and expended in promot- ing the objects originally contemplated by the donors, and that the united body shall profess and adhere to the con- stitution and principles of the Westminster standards as set forth in the basis of union of the united bodies ; and if at any future time, a division or separation shall take place, or be agreed upon, in the united Synod or Presby- terian Church of the Lower Provinces, that then, and in such case, the new Synod which shall adhere most closely to the standards of the united church, as set forth in its basis of union in government, doctrine and discipline, shall be and is hereby declared to be the true, rightful, and legal owner of such funds and property, of whatever nature or kind, vested in or belonging to the board, and appertaining to or forming any part of the trust funds then held and enjoyed by them for the purposes aforesaid. 8. In case of any such union being hereafter eff*ected, it shall bo lawful for the united body, at any regular PUBLIC STATUTES RELATING TO SCHEMES. 99 meeting of the Synod, from time to time, to nominate nnd a[)point a new board of trustees, wlio shall represent tlie interests of the whole united body, or to add to the existing board the names of any person or persons belong- ing to the ))ody or bodies with whom such united bodies may unite. 9. If at any time hereaftei", upon such a union being effected, tlie united body shall see tit to constitute them- selves into the higlier Ecclesiastical Court, usually known in Scotland as a General Assembly, the property and funds hereby vested in the Board of Education of the Presby- terian Church of the Lower Provinces of British North America shall be held by the board to and for the use of the General Assembly ; and such General Assembly shall have, possess, and enjoy, the same rights, powers and au- thorities, for all the purposes of this act, as are now held and enjoyed by the Synod, anything herein contained to the contrary notwithstanding : Provided that such Gen- eral Assembly shall possess and hold to the same doctrines or principles as required of the Synod under the seventh section of this act. 10. Any bequests that have been made to the Educa- tion Board of ihe Presbyterian Church of Nova Scotia, or in trust for the church in aid of its mission schemes, shall be vested in the board hereby incorporated, and be by them applied for the uses and purposes in such bequests set forth, and the conditions thereof as near as may be ful- filled ; and it shall be lawful for the board to receive, hold, and dispose of^ in accordance with the will of the donors, and subject to the direction of the Synod, any be- quests or contributions, in lands, moneys, or other securities, made for the promotion of any of the schemes or religious objects of the Presbyterian Church of the Lower Provinces of British North America. 11. This act shall go into operation on the third day of the meeting of the united Synod, in the month of June next. fti 100 PUBLIC STATUTES RELATING TO SCHEMES. m 3 1 i i i 1879. — An Act to amend an Act to Incorporate the Board of Education of the Presbyterian Church of the Lower Provinces of British North America.* WHEREAS by chapter 68 of the acts of 1861, the Board of Education of the Presbyterian (Jliurch of the Lower Provinces of British North America became duly incorporated for the purposes therein described, and whereas, by reason of the union of the said Gliurcli with other Presbyterian Churches in Nova Scotia and the other Provinces of the Dominion under the title of " tlie Presbyterian Church in Canada," the present name of the said corporation is inapplicable, and it is desirable to change the same, and otherwise to amend the said act ; Be it therefore enacted by the Governor, Council and Assembly, as follows : 1. The corporation incorporated by the said chapter 68 of the acts of 1861, and heretofore known as the Board of Education of the Presbyterian Church of the Lower Provinces of British North America, shall here- after be called and known under the corporate name of *' The Board of the Presbyterian College, Halifax." H. The Reverend Robert F. Burns, D.D., the Reverend Peter Gordon McGregor, D.D., the Rev. Alex. McKnight, D.D., and Principal of the Presbyterian College of Hali- fax, the Rev. Allan Pollok, D.D., the Rev. John Currie, the Rev. William McCulloch, D.D., the Rev. James Ben- nett, D.D., the Rev. David Waters, LL. D., the Rev. Charles B. Pitblado, the Rev. John Forrest, the Rev. Allan Simpson, the Rev. John B. Logan, the Rev. Don- ald McRae, the Rev. Samuel Houston, M.A., the Rev. John McMillan, M.A., B.D., the Rev. Alex. Ross, the Rev. Alex. McLean Sinclair, the Rev. Leonard G. McNeill, the Rev. Kenneth McLennan, M.A., the Rev. Thomas * As the statutes for the last session of the Nova Scotia Legi.slature are not yet issued, the number of the chapter of thia act, and the date at which it was assented to, cannot be given. PUBLIC STATUTES RELATING TO SCHEMES. 101 41 *iii. f 1 Sedgowick, the Rev. Thomas Duncan, the Rev. Andrew J. Mowatt, tlie Rev. James G Herdman, tlie Rev, Thos. Tallach, the Very Reverend James Ross, D.I)., and Prin- cipal of Dalhousie College and University, the Reverend William Lyall, LL. D., the Rev. Hugh McLeod, J).D., the Rev. John Stewart, the Rev. George Walker, the Rev. Ephraim Scott, M.A., the Hon. R. P. Grant, Senator ; the Hon. Alex. James, the Hon. William J. Stairs, and George Buist, James Farquhar, Howard Primrose, John S. Mac- lean, James T. Bremner, Robert Cruickshank, and Robert Murray, Esquires, shall, for the time being, be the mem- bers and constitute the said board, and shall hold such appointment subject to the will of the General Assembly of the Presbyterian Church in Canada, and the said General Assembly shall have power to remove or displace any member of such board, and to substitute the names of any persons to till their places, and to add to or reduce the number of the board : Provided, however, that no person shall be appointed a member of such board unless lie be at the time of his appointment a member of, and in full communion with the Presbyterian Church of Canada. 3. All the real and personal estate now vested in or held or owned by the Board of Education of the Presby- terian Church of the Lower Pl-ovinces of British North America are hereby declared to be absolutely vested in and owned by the Board of the Presbyterian College, Halifax. 4. Such corporation may effectually convey any real estate by deed, signed by the chairman and secretary of the said board for the time being, and having the cor- porate seal of the said board affixed thereto. 5. The said board may hold property to the value of $400,000, and shall in all other respects hold, possess, and enjoy all the rights and privileges, and be subject to the same obligations as are granted to or imposed upon the Board of Education of the Presbyterian Church of the ii I 102 ♦ PUBLIC STATUTES DELATING TO SCHEMES. I' S: Lower Provinces of British North America by the act hereby amended. O, So much of the chapter hereby amended, and chap- ter 99 of the act of 1875, entituled"An act concerning the Presbyterian Churcli of the Lower Provinces of British North America," as is inconsistent witli this act is re- pealed. PART IV. MISCELLANEOUS PUBLIC STATUTES. Congregational Propertv. Revised Statutes of Ontario, cap. 216. — An Act re- specting the property of Religious Institutions. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of On- tario, enacts as follows : — 1. Where any religious society or congregation of Chris- tians in Ontario desire to take a conveyance of land for the site of a church, chapel, meeting-house, burial-ground, residence for a minister, book-store, printing or publish- ing-office, or for any other religious or congi-egational pur- pose whatever, such society or congregation may appoint trustees, to whom and their successors, to be appointed in such manner as may be specified in the deed of convey- ance, the land requisite for all or any of the purposes aforesaid may be conveyed ; and such trustees and their successors in perpetual succession, by the name expressed in the deed, may take, hold and possess the land, and maintain and defend actions in law or equity for the pro- tection thereof, and of their property therein. 3G V. c. 135, s. 1. 3. When a debt has been or may be hereafter contract- ed for the building, repairing, extending or improving of a church, meeting-house, chapel, book -store, printing-office or other building, on land held by trustees for the benefit of any religious society in Ontario, or for the purchase of the land on which the same has been or is intended to be erected, the trustees, or a majority of them, may from time to time secure the debt or any j)art thereof by a ' r ¥1 t •I |l :* la ^Il^ m 104 MISCELLANEOUS PUBLIC STATUTES. :!> Ifl'i "I mortgage upon the land, church, meeting-house, chapel, book-store, printing-office or other building ; or may bor- row money to pay the debt or part thereof, and may secure the repayment of the loan and interest by a like mortgage upon such terms as may be agreed upon. 36 V. c. 1 35, s. 2 , 3. The grantees in trust named in any Letters Patent from the Crown, or the survivors or survivor of them, or the trustees for the time being appointed in manner pre- scribed in the Letters Patent, whereby lands are granted for the use of a congi-egation or religious body, and any other trustees for the time being entitled by law to hold lands in trust for the use of a congregation or religious body, may lease, for any term not exceeding twenty-one years, lands so held by them for the use of a congregation or religious body, at such rents and upon such terms as the trustees or a majority of them deem reasonable. 30 V. c. 135, ,^ 3. 4. In such lease they may covenant or agree for the re- newal thereof at the expiration of any or every term of twenty-one years, for a further term of twenty-one years or a less period, at such rent and on such terms as may then by the trustees for the time being be agreed upon with the lessee, his heirs, executors, administrators or as- signs, or may consent or agree for the payment to the lessee, his executors, administrators 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 the mode of ascertaining the amount of such rents or the value of such improvements may also be specified in the original lease. 36 V. c. 135, s. 4. 5. But the trustees shall not so lease without the con- sent of the congregation or religious body for whose use they hold the land in trust, and such consent shall be signified by the votes of a majoritj- of the members pre- sent at a meeting of the congregation or body, duly called for the purpose; nor shall the trustees lease any land which, at the time of making the lease, is necessary for I 'M MISCELLANEOUS PUBLIC STATUTES. 105 the purpose of erecting a church or place of vvorsliip or other building thereon, or for a burial-ground for the con- gregation for whose use the land is held. 3G V. c, 135, s. 5. 6. The trustees for the time being entitled by law to hold land in trust for a congregation or religious body, may, in their own names, or by any name by which they hold the land, sue or distrain for ren^ in arrear, and may take all such means for the recovery thereof as landlords in other cases are entitled to take. 3G V. c. 135, s. (3. 7. When land held by trustees for the use of a congre- gation or religious body becomes unnecessary to be re- tained for such use, and it is deemed advantageous to sell the land, the trustees for the time being may give public notice of an intended sale, specifying the premises to be sold and the time and terms of sale ; and after publication of the notice for four successive weeks in a weekly paper published in or near the place where the lands are situat- ed, they may sell the land at public auction according to the notice; but the trustees shall not be obliged to complete or carry a sale into effect, if in their judgment an adequate price is not offered for the land : but this provision shall not affect or vary any special powers or trusts for sale contained in any deed or instrument, and inconsistent herewith. 36 V., c. 135, s. 7. 8. The trustees may thereafter sell the land either by public or private sale ; but a less sum shall not be ac- cepted at private sale than was offered at public sale. 36 v., c. 135, s. 8. 9. Before any deed of conveyance is executed in pur- suance of a public or private sale, the congregation or religious body for whose use the lands are held shall be duly notified thereof, and its assent obtained for the exe- cution of the said deed, and such assent shall be signified' by the votes of a majority of the members present at a meeting of the congregation or body duly called for the purpose ; I ! . i lOG MISCELLANEOUS PUBLIC STATUTES. !)ii^ i 2. Such assent shall be held in favour of the grantee and his assigns to be conclusively testified by the execu- tion of said deed by the chairman at sucli meeting, or by the official head of such religious body, or by some person appointed at such meeting for the purpose ; and the per- son assuming to execute said deed as chairman, official head or apf)ointee, shall be presumed to be such chairman, official head o.r appointee (as the case may be) ; 3. Instead of such assent of the congregation or reli- gious body aforesaid, it shall be sufficient for the validity of any such deed of conveyance, that the sale be sanc- tioned and the deed approved of by the judge of the county court of the county in which the land sold is situate. 36 V., c. 135, s. 9. 10. It shall be lawful for any congregation or society of Chiistians of any denomination, on whose behalf lands in this Province are now, have been, or hereafter shall be held by a trustee or trustees, without the manner of ap- pointing successors being set forth in the deed of grant, conveyance, will or devise of such lands, or who may be entitled to any lands without being a body corporate, at any time hereafter to assemble in a public meeting duly convened by notice in writing, signed by at least five members of such congregation or society, and affixed to the door of their place of worship, at least eight days previous to the day appointed for holding such meeting ; and at such meeting, by the votes of a majority of the members of such congregation or society then and there present, to determine in what manner the successors to such trustee or trustees shall be appointed out of the members of the religious denomination on whose behalf such lands were originally granted, conveyed or conceded, or to appoint a trustee or trustees of any lands to which the said congregation or society is entitled, and their suc- cessors in the trust. 36 V., c. 135, s. 10. 11. A record of the proceedings of such meeting shall be made out in writing, and entered and transcribed in MISCELLANKOUS PUBLIC STATUTES. 107 M the minute book or other official refj^ister of the acts and procoedin<5^s of such congregation or society, and shall he signed by the chairnian and secretary thereof, and shall tlu^reafter be dtiposited of record among the archives of the congregation oi' society, and a copy of such record, ceitified to be a true copy by the chairman or secretary, on oath (or affirmation) before a justice of the peace, shall be recorded in the registry office of the county or other registration division in which the property is situate ; 2. A copy of such proceedings taken from the minute book or other official register of the congregation, and certified by the clerk or custodian of the records of the congregation, or a copy certified by the registrar of the registration division wherein the same shall have been registered, according to this section, shall be iirirrhd facie evidence of the contents thereof. 30 V., c. 135, s. 11. 12. Such determination shall, in every such case, have the same effect as a clause in the deed of grant, concession or conveyance of the lands to which it relates, setting forth the manner of appointing successors to the trustee or trustees named, would have ; and any lands to which any religious congregation or society, not being incorpor- ated, is entitled, shall from time to time vest in and be held by the trustee or trustees to be appointed as herein- before mentioned, and in the successors in the trust, im- mediately upon the registration of the proceedings in the last preceding section mentioned, and without any or fur- ther conveyance or instrument whatsoever. 36 V., c. 135, 151. When members or adherents in any locality of two or more religious societies desire to build a house for pub- lic worship, it shall be lawful for each of the societies re- spectively to appoint from time to time one trustee in the manner and form prescribed in this act, and trustees of the religious bodies so united shall have the like powers as conferred on trustees under this act, and no others ; and as to any act, deed or thing to be done or made by ■if 108 MISCELLAt^EOUS PUBLIC STATUTES. \'\1 K : a triistecH under this act which requires the sanction or as- sent of tlie congregation or religious body, the trustees under tliis section shall obtain the sanction or assent of each and every of the congregations or religious bodies so united, to be ascertained and signified in the manner hereinbefore mentioned. 30 V., c. 135, s. 13. 14. All deeds of conveyance executed before the 20th day of March, 1873, for any of the uses, interests or pur- poses enumerated therein, if the same were registered be- fore the 3()th of March, 1874, shall be as valid and effec- tual as if registered within twelve months after the exe- cution thereof respectively, except in so far as the samie may be affected by the prior registration of other deeds or instruments relating to the same lands respectively ; 2. But in all cases where any such religious bodies had not erected any buildings or made improvements, and any person claiming to hold or to be entitled to any real estate or property included in any such deed on account of the omission to register the same, had, in virtue of such claim, taken possession of such real estate befoi'e the said 29th day of March, 1873, and also in all cases where the persons claiming to hold or to be entitled to such real property, on account of such omission as aforesaid, had actually sold or departed with, or had actually contracted to sell or depart with such real estate before the said dat3, the provisions of this section shall not extend to render invalid any right or title to such estate, but such right or title shall be taken and adjudged to be as if this act had not been passed. 36 V. c. 135, s. 14. l«l. The trustees of any lands to which the provisions of this a*fc apply, shall, within twelve months after the execution of the deed of conveyance, cause the deed to be registered in the office of the registrar of the county or other registration division in which the land is situate, or otherwise the same shall be void ; and further, such deed shall be subject to the law affecting priority of regis- tration in the same manner as if made between private parties. 36 V. c. 135, s. 16. MISCELLANEOUS PUBLIC STATUTES. 109 16. Trustees Helling or lefwin^ land under the authority of" this act shall, on the first Monday in .Inly in every year, have ready and open for the inspection of the congregation or religious body which they represent, or of any member thereof, a detailed statement sliowing the rents which accrued during the preceding year, and all sums of money whatever in their hands, for the use and l»eiu'fit of the congregation or religious body, which were in any manner derived from the lands under their con- trol or subject to their management, and also showing the application of any ])ortion of the money which has been expended on behalf of the congiegation or body. 30 V. c. 185, s. 10. 17. All the rights and privileges conferred upon any religious society or congregation of C^Mn-istians in the first section of this act mentioned, shall extend, in every re- sj)ect, to the Roman Catholic Church, to be exercised ac- cording to the government of the said Church. 36 V. c. 135, s. 17. 18. Tkis act shall not be construed so as in anywise to re[)eal, alter, affect or vary any of the provisions in any special act contained with reference to any religious body or congregation of Christians in this Province, but, on the contrary, any of the said provisions, while differing from or inconsister *■ with any of the provisions of this act, shall prevail, cv/id where any additional rights or privi- leges are conferred by this act, they shall be construed as supplementary to the provisions contained in any such special act ; and in every case the special trusts or powers of trustees contained in any deed, conveyance, or other instrument, shall not be affected or varied by any of the provisions of this act. 36 V. c. 135, s. 19. 19. Any religious society or congregation of Christians in Ontario may, by the name thereof, or in that of trus- tees, from time to time take or hold, by gift, devise or bequest, any lands or tenements, or interests therein, if such gift, devise or bequest is made at least six months : f. a - \< t If: Jfel ■- IS; .-'-.'ll 110 MISCELLANEOUS PUBLIC STATUTES. before the death cf the person making the same, but the sail] religious society or congregacion shall at no time take or hold by any gift, devise or bequest, so that the annual value of any lands or tenements or interests therein, so to be taken or held by gift, devise or bequest, at any one time exceeds in tlie whole the sum of one thou- sand dollars ; and no lands or tenements, or interests therein, acquired by gift, devise or bequest, shall be held by the said religious society or congregation for a longer period than seven years after the acquisition thereof; and within such period they shall respectively be absolutely disposed of by the said religious society or congregation, which shall have power in the name thereof, or in that of the trustees for said society or congregation, to grant and convey the said lands to any purchaser, so that it no longer retains any interest therein ; and the proceeds on such disposllion shall be invested in public securities, municipal debentures, or other approved securities, not including mortgages, for the use of the said society or congregation ; and such lands, tenements, or interests therein, or such thereof as have not, within the said period, been so disposed of, shall revert to the per- son from whom the same were acquired, his heirs, exe- cutors, administrators or assigns. 36 V. c. 135, s. 20. Ont. Stat., 42 Vict. cap. 36. — An Act to authorize certain variations in deeds to Trustees for Religious Institutions. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. Any congregation or society of Christians entitled to the benefit of any lands held under the provisions of the statutes respecting the property of religious insti- tutions or otherwise, may, from time to time, by resolu- MISCELLANEOUS PUBLIC STATUTES. HI tion passed by a two-thirds vote of the persons entitled to vote in respect of the appointment of trustees, increase or decrease the number of trustees by the deed or other- wise to be appointed for the purpose of holding such lands; or may, in like manner, lix the number of trustees in case the deed makes no provision as to their number. 2. No such resolution shall be passed unless the said meeting has been duly notified in the same manner us a meeting for the election of trustees for such lands is required to be notified, or unless notice has been given at the time of such notification that a proj)osal for in- creasing (or decreasing or determining, as the case may be) the number of the trustees, will be considered at such meeting. 3. In case the resolution passed provides for the a})- pointment of more trustees than are authorised by the deed, or more than there are in fact if the number is not limited by the deed, the same shall take effect forthwith ; and the additional trustees to be appointed may be elected at the meeting at which the resolution is passed, or at a subsequent meeting. If the resolution provides for a smaller number of trustees than the deed provides for, then such resolution shall not take effect until vacancies occur, by death or otherwise, reducing the number of trustees to the number provided for by such resolu- tion ; and no other trustees shall be appointed under the authority of this act until the number of trustees has been reduced as aforesaid below th3 number authorized by the resolution. i. A record of the proceedings of such meeting shall be made out in writing, and entered and transcribed in the minute book or other official register of the acts and proceedings of such congregation or society, and shall be signed by the chairman and secretary thereof, and shall thereafter be deposited of record among the archives of the congregation or society, and a copy of such record, certitieu t. '^*^. a true copy by the chairman or secretary, ■■— g 112 MISCELLANEOUS PUBLIC STATUTES. on oath (or affirmation) before a justice of the peace, may be recorded in the registry office of the county o)' other registration division in which the property is situate. 5. A copy of such proceedings taken from the minute book or other official register of the congregation, and certified by tlie clerk or custodian of the records of the congregation or a copy certiiied by the registrar of the registration division wherein the same has been regis- tered according to the preceding section, sliall be pr'mi: Tl H fj' ' :"*! • % ^' ■im 114 MISCELLANEOUS PUBLIC STATUTES. llr i !1 /! I action had been prosecuted in their names, for the benefit of or to be reimbursed from the funds of the congi'ega- tion. 4. Every congregation established under these provi- sions may hold, in the name of their trustees, real estate not exceeding the yearly value of $8,000, and personal property not exceeding in the whole at any one time $40,000 ; and may use and dispose of such real and per- sonal estate as the congregation shall deem expedient. 5. The members of every such congregation may mecit when they shall think proper, and at such meetings by the votes of the majority of the members present may make and put in execution sach regulations, not being contrary to the laws of this Province nor to any rule or regulation embodied in the deed under which the congre- gation or society may be constituted, as the majority shall deem necessary for the government of the congregation and may change such regulations as they may think pro- per ; such majority may also choose trustees to supply any vacancies in the trust, and may remove from office any of the trustees for the time being, and manage and superin- tend the affairs of the congregation ; the time and place of meeting shall be duly notified as prescribed by rules therefor ; and some fit person shall be chosen chairman at every meeting, and all proceedings thereat shall be en- tered in the books of the congregation, and signed by the chairman and clerk of the meeting, and proof of such entry so signed shall be deemed sufficient evidence of such pro- ceedings, and of the regularity of the meeting. 6. Every person admitted a member of the congrega- tion after the registry of the deed, shall execute the same in the presence of two witnesses before he shall be deemed a member. 7. All real estate which at the formation of any con- gregation under this chanter shall be held therefor by any trustees not appointed under any act or deed of incorpora- tion, shall, by such trustees or their survivors, or by such MISCELLANEOUS PUBLIC STATUTES. 115 1 1 li of them as then remain in this Province, be conveyed to the new trustees named in the deed by their name of office ; and, upon the conveyance being made and regis- tered, all the estate and interest of the original trustees, or the survivors of them and their heirs, shall be vested in the new trustees to the use of the congi'egation as ef- fectually as if all the original trustees had joined in the conveyance. 8. Any religious society or congregation incorporated by special act of incorporation, or by deed under the pro- visions of the act heretofore in force for such purpose, may avail themselves of the provisions of this chapter ; provided the parties executing the deed comprise two- thirds at least of the members of the former corporation who at the time form part of the congregation, and also two-thirds at least of the persons actually exercising the functions of trustees by their individual names as such trustees ; and, upon the new deed being registered, the former act or deed of incorporation shall from thence- forth cease to be in operation, and the property held thereunder shall vest in the new trustees in accordance with the terms of the deed ; but nothing herein contained shall affect the legality of any proceedings regularly had under the former act or deed of incorporation. 9. By the vote of the majority of members of any con- gregation present at any regular meeting of the congrega- tion, the trustees for the time being shall sell, mortgage, lease, or convey any real estate of the congregation for such estate, or on such terms as the meeting shall direct ; and every conveyance thereof executed by the trustees for the time being, and signed by the chairman of the meeting which shall order such disposal, shall be valid in law to convey such estate in the lands therein described. 10. Whenever the congregation using any building for the purpose of public worship, may wish to dispose there- of, on account of the same having become dilapidated or otherwise, and shall not have legal power to do so, the Jl m i 1 i ' 116 MISCELLANEOUS PUBLIC STATUTES. in. If ill Ini'i! I; A M proprietors of such building at a meeting held for the purpose, after public notice thereof given in at least three of the most public places within the settlement wherein the building is situated, at least ten days previously, may by a vote of three-fifths of the proprietors present at such meeting appoint a committee of three of their number to make sale of such building ; and the committee shall sell the same conformably to the instructions given at the meeting, and cause the removal thereof, and shall apply the proceeds of the sale as directed by the meeting ; but no meeting shall be valid for such purpose, unless a major- ity of the proprietors are present. 1 1. In case the building shall be vested in trustees who shall not have legal power to sell the building, the same may be disposed of by a meeting of the persons for whose benefit such building is held, called and constituted as directed in the preceding section, and a majority of three- fifths of the persons so interested present at the meeting, may empower the trustees or a committee to sell the build- ing and apply the proceeds. 1 H. Nothing herein shall authorize the sale of the land on which any building so to be disposed of shall be si- tuated. 13. Under the order of any such meeting, or of a meet- ing of the church members, when by the provisions of the deed of constitution, or by the regulations of the congre- gation, the choice of a minister shall be vested in the church members, the trustees may enter into agreements in writing with any clergyman or minister whom the con- gregation or church shall appoint to their spiritual charge, for such period and salary as shall be agreed upon. 14. The trustees having agreed with any minister or clergyman, shall without delay cause the agreement to be entered at length in the books of the congregation. 1 5. The trustees for the time being, by the vote of the majority of the members of the congregation at any such MISCELLANEOUS PUBLIC STATUTES. 117 meeting, shall, in cases where the funds at their disposal are inadequate to the discharge of the claims upon them, sue for and recover from members a rateable share, to be fixed according to the rules of the congregation, of such amount or deficiency, by separate suit for their respective rateable proportion of the whole amount against the res- pective surviving and solvent members of the congrega- tion, or the representatives of deceased members liable to such payment. 10. Any religious society incorporated by act of this Province, or constituted by deed under the provisions of this chapter, may at any regular meeting held in accor- dance with their act of incorporation or deed of constitu- tion, alter or amend their constitution or by-laws ; l:)ut the constitution shall not be altered unless two-thirds of the members present at any general meeting concur in such alteration. 17. Any religious society or congregation not incorpor- ated or constituted by deed under this chapter, may, at any meeting of the congregation held in pursuance of a notice stating the object of such meeting, given at tlieir usual place of holding public worship, during divine ser- vice, either by verbal announcement to the congregation, or by posting the same on the door of such place of wor- ship, for three Sundays })receding such meeting, proceed to appoint a chairman and secretary ; and may, upon the vote of two-thirds of the male members of the congrega- tion and of adherents, actually contributing to the funds thereof, above twenty-one j^ears of age actually present, proceed to the adoption of a declaration, by resolution or otherwise, to the effect that they constitute themselves a religious congregation or society ; and may, at any such meeting, or any subsequent meeting called in the same manner, proceed by the majority of votes, to the adoption of such permanent constitution and by-laws not incon- sistent with the laws of this Province as they shall con- sider necessary, and may appoint trustees and such other ■ -. i ;. m 118 MISCELLANEOUS PUBLIC STATUTES. (i^ office-bearers as they shall see fit, and define their powers and duties, and may regulate the terms of membership in the society or congregation. 18. The real and personal estate of the society or congregation shall be vested in such })ersons as shall be duly appointed trustees thereof by resolution of such meeting, recorded in the books of the congregation, dur- ing their continuance in office. 19. The officers appointed from time to time by the congregation or society shall be invested with all such powers for the holding and transference of the property and management of the business of the congregation or society as shall be conferred upon them by the constitu- tion. 20. The constitution of the society may be altered by the vote of two-thirds of the members present at any meeting of the congregation or society, duly called, as hereinbefore mentioned. All other business of the so- ciety not delegated to the office-bearers thereof shall be transacted by the votes of the majority of the members present at any such regular meeting. !3I. Any religious society or congregation of Christians not duly incorporated or constituted under this chapter, or, if so incorporated or constituted, not having power to dispose of its place of worship for the purpose of erecting a new place of worship, may, at any regular meeting of the society or congregation, by resolution of the majority of two-thirds of the members present, authorize such per- sons as they may appoint for the purpose to sell or other- wise dispose of the place of worship of the society or congregation in such manner as the meeting shall appoint ; and a sale thereof, under the authority of such resolution, shall be valid and effectual : Provided such resolution and Muthority are duly recorded in the county or district registry of deeds. 22. Any episcopal corporation sole holding real estate in trust for any religious denomination in this Province, MISCELLANEOUS PUBLIC STATUTES. 119 may dispose of the same by deed executed by him, and any three ordained clergymen of the denomination to wliich he belongs, and residing within the diocese. 23. In cases where real estate has been, or shall here- after be, conveyed in trust for erecting thereon houses for public worship, or dwelling or other houses or buildings intended for the accommodation of ministers of the gos- })el or clergymen officiating or engaged to officiate for any church or congregation of christians, and the mode of appointing new or other trustees than the grantees is provided for in the deed of conveyance creating such trust, or otherwise in writing, when a vacancy shall occur by reason of the death, removal, resignation or displace- ment of any trustee, it shall not be held necessary that the remaining or surviving trustee or trustees, if any, shall make or shall have made any deed or conveyance to the newly appointed trustee, in order to invest him with the estate, functions, trusts and powers of the origi- nal trustees under such deed or declaration of trust or instrument in writing creating such trust and directing the ajipointment of future or succeeding trustees ; but such newly api^ointed trustee shall thereupon, without deed or other conveyance, be seized in fee or other estate to the uses and trusts created, as fully and completely as were the original grantees ; Provided that the terms or conditions for such appointment are duly complied with. 24. Nothing herein contained shall affect any of the provisions of the chapter " Of the Church of England," nor shall interfere with the spiritual government and dis- cipline of any Church further than may be provided for in the deed or declaration under which the society or con- gregation is constituted. !^l!* m v Ill n lilli^i ilji la 120 MISCELLANEOUS PUBLIC STATUTES. Revised Statutes of Nova Scotia (4th Series), cap. 27. — 01 Assessments for Repairs of Meeting Houses. 1. When funds are required for repairing, finisliing or painting any meeting house or church, the proprietors thereof, at a public meeting, whereof notice sliali have been previously given during the time of divine service at such meeting house or church, on three several Sun- days, may, by vote of three-fifths of the proprietors pre- sent at such meeting, declare what repairs are necessary and the amount required therefor, and may also nomi- nate three or more persons a committee to assess and ap- portion the sum so voted on the several pews of the meet- ing house or church, according to the relative size and value of such pews, at an equitable rate ; of which assess- ment and apportionment public notice shall be given by posting up the same in some conspicuous place in the meeting house or church, and also on the door thereof for three successive Sundays on which divine service shall be performed thereat, next after the making thereof. *4. If after such notice the persons interested in any of the pews shall not pay the sums assessed on such pews within three months thereafter, the committee, after notice having been given on the previous Sunday imme- diately after divine service, may proceed to let such pews at auction, for such period, not exceeding ten years, as may be sufficient to pay the sum so assessed thereon respectively ; or they may, on giving the like notice, let such pews from year to year until the rate or assessment be fully paid, so that such letting shall not extend beyond the term of ten years. «5. The persons who shall so lease the pews shall be put in possession thereof by the committee, and shall have the exclusive occupation thereof during the term of their lease ; and the committee may sue for and recover the rent, and shall have power to hold or occupy such pews, and to eject any person illegally in possession thereof. MISCELLANEOUS PUBLIC STATUTES. 121 4. If the money arising from the leasing of the pews shall not amount to the assessment thereon, the committee may make a new assessment in the same way as the original amount is hereby directed to be assessed. 5. Nothing in this chapter shall extend to any church or chapel belonging to or connecte[U'BU •aSy •xag •paid aJf ilAV "pastiaoaff JO otii«a.ing pui? auiw^^I o ft « W Q 02 t hi o s 50 • 1 I »■< Si a> <4-l O I Oil P3 o 'S 1 w ft « ■•J 1 1 4 kI L |fe„M,l 128 MISCELLANEOUS PUBLIC STATUTES. Ill i .1 Ont. Stat., 42 Vict. cap. 12. — An Act respecting the Re- gistration of Deaths. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. Notwithstanding anything contained in section four- teen of the act respecting the registration of births, mar- riages and deaths, being chapter thirty-six of the revised statutes, where any minister or other person has occasion to bury or perfoi; : ^ny funeral or religious service for the burial of any dead body without having received the certificate of the registrar of the division in which the death took place that the particulars of such death have been duly registered, it shall be sufficient for such minis- ter or other person (in lieu of the return by the said sec- tion required) to give to the registrar, within seven days after the burial, a written notice under the hand of such minister or other person, stating according to his know- ledge, information and belief, the name and residence of the deceased, and the date and place at which the burial took place, or at which the service was performed, either without or with any of the other particulars mentioned in schedule C to the said act. Marriage. Revised Statutes of Ontario, cap. 124. — An Act respecting the solemnization of Matrimony. Ss. 1, 2, 15, 16, 17, 18, 19 and 21. 1. The ministers and clergymen of every church and religious denomination, duly ordained or appointed ac- cording to the rights and ceremonies of the churches or denominations to which they respectively belong, and MISCELLANEOUS PUBLIC STATUTES 129 resident in Ontario, may, by virtue of such ordination or appointment, and according to the rites and usages of such churches or denominations respectively, solemnize the ceremony of marriage between any two persons not under a legal disqualification to contract such marriage. 2. No minister or clergyman shall celebrate the cere- mony of marriage between any two persons unless duly arthorized so to do by license, under the hand and seal of the Lieutenant-Governor, or his deputy, duly authorized in that behalf, or by a certificate under this act, or unless the intention of the two persons to intermarry has been proclaimed once, openly and in an audible voice, either in the church, chapel or meeting-house in which one of the parties has been in the habit of attending worship, or in some church, chapel, meeting-house or place of worship of the congregation or religious community with which the minister or clergyman who performs the ceremony is con- nected, in the local municipality, parish, circuit or pastoral charge, where one of the parties has, for the space of fifteen days immediately preceding, had his or her usual place of abode ; such proclamation to be on a Sunday, im- mediately before the service begins or immediately after it ends, or at some intermediate part of the service. 15. It shall not be a valid objection to the legality of a marriage that the same was not solemnized in a conse- crated church or chapel, or within any particular hours. 16. Every clergyman or minister who cciebi*ates a marriage shall, if required at the time of the marriage by either of the parties thereto, give a certificate of the mar- riage under his hand, specifying the names of the persons married, the time of the marriage, and the name of two or more persons who witnessed it, and specifying also whether the marriage was solemnized pursuant to license or certificate under this act, or after the publication of banns ; and the clerpyman or minister may demand twenty-five cents for the certificate given by him from the person requiring it. 130 MISCELLANEOUS PUBLIC STATUTES. i' 17. Every clergyman or minister shall, immediately after he has solemnized a marriage, enter in a book, to be kept hy him for the purpose, a true record of the marriage ; which record shall specify all the particulars given in schedule B to The act respecting the registration of births, marriages and deaths. 18. The clerk of the peace of every county shall, at the expense of the county, from time to time on demand furnish all clergymen or ministers with the books to be kept ; and such books shall have columns and headings printed on every page according to the form of said schedule B; and the books shall be of such form and size as to admit of the necessary entries being conveniently made therein. 19. The book by whomsoever furnshed shall be the property of the church or denomination to which the clergyman or minister, clerk or secretary, belongs at the time of the first marriage which he records therein. . 21. No minister who performs any marriage ceremony after banns published, or after a license or a certificate under this act issued, shall be subject to any action or liability for damages or otherwise by reason of there having been any legal impediment to the marriage, unless, at the time when he performed the ceremony, he was aware of the impediment. Revised Statutes of Nova Scotia (4th series), cap. 85. — Of the solemnization of marriage. Ss. 6, 7, 1, 14, 16, 17. 6. Every person recognized as a duly ordained clergy- man or minister by any congregation or body of christians within this Province, may solemnize marriage by license, or after publication of banns, in conformity with the pro- visions of this chapter. MISCELLANEOUS PUBLIC STATUTES. 131 7. No person shall officiate in the solemnization of any marriage, unless notice of such marriage shall have pre- viously been given publicly during the time of divine service at three several meetings, at a place of public wor- ship, on two or more Sundays, provided there shall be more than one public service in the said place of worship on each Sunday, otherwise at two several meetings on two Sundays, in the place where at least one of the par- ties resides, or unless a license shall have been obtained, as herein described, for the solemnization of such marriage. 8. The officiating clergyman or minister of a congrega- tion at the place where either of the parties desiring to be married resides, shall give the notices in the preceding section mentioned, after having been requested to do so, unless in cases where compliance would be illegal or in- consistent with the rules and discipline of the church or congregation to which the clergyman, minister or parties respectively belong. 14. Every clergyman authorized by law to perform the marriage ceremony shall apply for, and shall, on applica- tion, receive from the nearest issuer or deputy-registrar, forms in which he shall register with the required particu- lars,all the marriages celebrated by him, whether by banns, license, or otherwise. But this shall not be construed to interfere with the keeping of any other marriage register he may be otherwise required, or may see proper, to keep. 16. Every clergyman shall return to the issuer or deputy-registrar by whom the same is subscribed, every marriage license used by him for the celebration of mar- riage, with the blank certificate endorsed thereon fully filled in and subscribed by himself, stating the fact of the celebration, the names, abodes, and additions of the couple married, the time and place of such marriage, and the names of at least two persons present thereat besides himself. 17. Every clergyman or minister shall keep a register of all marriages solemnized by him, whether by banns or 1; i' li ^\ ^ ! ! 1 1; -i»", ^ ■m 132 MISCELLANEOUS PUBLIC STATUTES. license, by filling up a blank form with all the particulars required concerning each marriage, and shall return it along with the license, or by itself if said marriage has been solemnized by banns, to the nearest issuer of mar- riage licenses, or the issuer from whom the license was received, witliin ten days after such celebration, and shall be entitled to receive twenty -five cents for each return of marriage so made, provided it has been made conformably to law. By Sec. 15. Envelopes enclosing the papers or returns mnst be marked " registration returns," with the signature of the clergyman transmitting subscribed. New Brunswick Con. Stat. cap. 71. Solemnization of Marriage. Ss. 1, 2, 3, 6, 7, 8, 11, 15, 17. 1. Every christian minister or teacher duly ordained according to the rites and ceremonies of the denomination to which he belongs, (or by the rules of such denomination deemed and recognised as a duly ordained minister or teacher by virtue of any prior ordination,) being a British subject, having charge of a congregation in this Province or connected therewith, may solemnize marriage by license or publication of banns. *4. Whenever any person shall make it satisfactorily appear by petition to the Governor in Council, that he is a regularly ordained minister of the denomination of christ- ians to which he belongs, and is the settled pastor of a church or congregation, and is not engaged in any secular calling, but being an alien cannot solemnize marriage the Governor in Council may, by license under his hand and seal, authorize such person to solemnize marriage by license or publication of banns, so long as he remains the pastor of such church or congregation. 3. The Governor in Council may revoke such last mentioned license at any time on sufficient cause. MISCELLANEOUS PUBLIC STATUTES. 133 6. Publication of banns shall be made by proclaiming, with an audible voice, during divine service, on three Sundays successively, such intended marriage, in some church, chapel, or o<"her place of meeting for religious worship, in the parish where either of the })arties reside. 7. No person shall knowingly solemnize any marriage where either party is under the age of twenty-one years, without the consent of the father or guardian. 8. Every marriage shall be solemnized in the presence of two or more credible witnesses, besides the persons celebrating the same, immediately thereafter a certiticate tliereof to the following effect shall be made, that is to say: ,..:.,,. • ^. .,^.,..,-.;,..., V, A. B., of the parish (or city) of , and C. D. of the parish (or city) of , were married by banns (or license) with consent of father (or guardian) in the year , by me :..:.- E. F. , "I Rector, &c. ■ j (as the case may he.) This marriage was solemnized between us. A. B. In presence of G. H. CD. I. K. Which shall be transmitted forthwith by the person cele- brating such marriage, to the clerk of the peace of the county in which the marriage was solemnized, and im- mediately registered in full, and filed, endorsed with the day of the registry and page of the book in which it is registered. 11. A copy of the record of the certificate, certified by the clerk of the peace, shall be evidence of the marriage without further proof. 15. Every person authorized to solemnize marriage shall on or immediately after the first day of January in every year, forward to the secretary a list of the marri- ages celebrated by him for the year preceding, specifying 4- :i r ■ ' i; 1: i ;k--!gr.s m Wi i ■ H 1 ■ P 1 ■miHliillii sm m I ■I m 134 / MISCELLANEOUS PUBLIC STATUTES. whether l)y license or banns, with the numher and date of the license and date of the marriage. 17. The clergyman or other person celebrating the marriage may demand and receive from the parties, for preparing and transmitting the certificate of the marriage to the clerk of the peace, the sum of fifty cents. CIVIL CODE OF LOWER CANADA. TITLE SECOND— OF ACTS OF CIVIL STATUS. ■<• I Chap. I. — General Provisions. 30. In acts of civil status nothing is to be inserted, either by note or recital, but what it is the duty of the parties to declare. 40. In cases where the parties are not obliged to ap- pear in person at the making of an act of civil status, they may be represented by an attorney, specially authorized to that effect. 41. The public officer reads to the parties, or to their attorney and to the witnesses, the act which he makes. 42. Acts of civil status are inscribed in two registers of the same tenor, kept for each Roman Catholic parish church, each Protestant church or congregation, or other religious community, entitled by law to keep such regis- ters, each of whic^i is authentic, and has in law equal authority. Clergymen of the PresbyterJan Church in Canada have the right to solemnize marriages and to keep j-egistei's of civil status, and to record births, marriages and deaths. 38 ^ - ' Vict.,c. 62, s. 7, Q. 43. The registers are furnished by the churches, con- gregations, or religious communities, .and must be in the form prescribed by the code of civil procedure. MISCELLANEOUS PUBLIC STATUTES. 136 44. The registers are kept by the rector, curate or other priest or minister having charge of the churches, congregations, or religious communities, or by any other officer entitled to do so. 45. The duplicate register so kept, before it is used, must, at the instance of the party keeping it, be presented to one of the judges of the Superior Court, or to the pro- thonotary of the district,' or to the clerk of the Circuit Court instead of the prothonotary, in the case specified in the statute, 25 Vict., cap. 10, to be by such judge, protho- notary or clerk, numbered and initialed in the manner prescribed by the code of civil procedure. All registers intended to record births, marriages and deaths> or religious profession, must before being used, be num- bered upon the first and every subsequent leaf, with the number of such leaf written in words at full length, and be sealed with the seal of the Superior Court, by affixing the same upon the two extremities of a ribbon or other such fastening, passing through the leaves of such re- gisters, and secured inside of the cover thereof ; and upon the first leaf must be written an attestation under the signatiire of a judge or the prothonotary of the Su- perior Court of the district, or of the clerk of the Circuit Court of the county, which comprises the Roman Catho- lic parish, Protestant church, or religious congregation or society, authorized to keep such registers, and for which they are to serve and to which they belong, specifying the number of leaves contained in the register, the pur- pose for which it is intended, and the date of such attes- tation ; such certificate cannot, however, be given until the formalities prescribed by special acts with regard to certain religious congregations have been fulfilled. Code of Pro. Art. 1236. The duplicate register which is to remain in the hands of the priest, minister, or person doing the parochial or clerical duty of each Koman Catholic parish church, Protestant or religious congregation, must be bound in a substantial manner. Code of Pro. Art. 1237. 46. Acts of civil status, as soon as they are made, are inscribed in ^he two registers, in successive order and without blanks; erasures and marginal notes are acknow- • i li I I I 13G MISCELLANEOUS PUBLIC STATUTES. I <>' I i ledged and initialed by all those who sign the body of the act. Everything nnist be written at length without abbreviation or figures. 47. Within the first six weeks of each year, the person who kept the said registeis, or who has charge thereof, deposits in the prothonotary 's office of the Superior Court of his district, or in the office of the clerk of the Circuit Court in the cases provided for in the statute already mentioned in the present chapter, one of the said dupli- cates, the delivery of which is acknowledged by a receipt which the said prothonotary or clerk is bound to give free of charge, 48. Within six months after such deposit, each pro- thonotary or clerk is bound to verify the condition of the registers deposited in his office, and to draw up a sum- mary report of each verification. 49. The other duplicate register remains in the custc and possession of the priest, minister or other officer who kept the same ; to be by him preserved and transmitted to his successor in office. 50. The depositary of either of the registers is bound to give extracts thereof to any person who may require the same ; and such extracts, being certified and signed by him are authentic. 51. On proof that, in any parish or religious community no registert. have been kept, or that they are lost, the births, marriages and deaths may be proved either by family registers and papers, or other writings, or by witnesses. 5^. Every depositary of such registers is civilly re- sponsible for any alteration made therein, saving his recourse, if any there be, against the party altering the same. 53. Every infraction of any article of this title by any of the officers therein named, which does not amount to a criminal offence, and which is not punishable as such, MISCELLANEOUS PUBLIC STATUTES. i:J7 re- his the is punished by a penalty not exceeding eig'hty dollars, nor less than eight. Chap. II. — Of Acts of Birth. •14. Acts of birth set forth the day of the birth of the child, that of its baptism, if performed, its sex, and the names given to it ; the names, surnames, occupation and (loinicile of the father and mother, and also of the si)onsors, if any there be. 55. These acts are signed on both registers, by the officer officiating, by the father and mother if present, and by the sponsors if any there be ; if any o*f them can- not sign, their declaration to that e.fect is noted. 56. When the father and mo her of any child pre- sented to the public officer are eitiier or both of them un- known, the fact is entered in the register. Chap. III. — Of Acts of Marriage. 57. Before solemnizing a marriage the officer who is to perform the ceremony must be furnished with a certifi- cate establishing that the publication of banns required by law has been duly made ; unless he has published them himself, in which case such certificate is not necessary. 58. This certificate, which is signed by the person who published the banns, mentions, as do also the banns them- selves, the names, surnames, qualities or occupations, and domiciles of the parties to be married, and whether they are of age or minors ; the names, surnames, occupations and domiciles of their fathers and mothers, or of the name of the former husband or wife. And mention is made of this certificate in the act of marriage. 59. The marriage ceremony may, however, be per- formed without this certificate, if the parties have ob- tained and produce a dispensation or license, from a PI 1:38 Miscellaneous PtJULic statutes. i competent authority, authorizing the omission of the pu})lication of banns. 6©. If the marriage be not solemnized within one year from the last of the publications rec[uired, they are no longer sufficient and must be renewed. 01. In the case of an opposition, the disallowance thereof must be obtained and certified to the officer charged with the solemnization of the marritige. 6^. If, however, the opposition be founded on a simple promise of marriage, it is of no effect, and the marriage may be proceeded with as if no such opposition had been made. , 63. The marriage is solemnized at the place of the domicile of one or other of the parties. If solemnized elsewhere, the person officiating is obliged to verify and ascertain the identity of the parties. For the purposes of marriage, domicile is established by a residence of six months in the same place. 04. The act is signed by the officer who solemnizes the marriage, by the parties, and by at le;ioG two wit- nesses, related or not, who iiave been present at the cere- mony ; and if any of tliem cannot sign their declaration to that effect is noted. O^. In this act are set forth : (I) the day on which the marriage was solenmized; (2) the names, surnames, quality or occupation and domicile of the parties married, the names of the father and mother of each, or the name of the former husband or wife ; (8) whether the parties are of age or minors ; (4) whether they were married after publication of banns, or with a dispensation or license ; (5) whether it was with the consent of their father, mo- ther, tutor or curator, or with the advice of a family coun- cil, when such consent or advice is required ; (G) the names of the witnesses, and whether they are related or allied to the parties, and if so, on which side, and in what degree ; (7) that there has been no opposition, or that any opposition made has been disallowed. MISCELLANEOUS PUBLIC STATUTES. 139 Chap. IV. — Of Acts ok Burial. 06. No burial can take place before the expiration oi twenty-four hours after the decease ; and whoever know- ingly takes part in any burial before the expirntion of such time, except in cases provided for by police regula- tions, is subject to a penalty of twenty dollars. 67. The act of burial mentions the day of the burial, and that of the death, if known ; the names, surnames and quality or occu{)ation of the deceased ; and it is signed by the person performing the burial service, and by two of the nearest relations or friends then present ; if they cannot sign, mention is made thereof. Chap. VI. — Of the Rectification of Acts and Re GisTERS of Civil Status. 75. If any error have been committed in the entry made in the register of an act of civil status, the court of original jurisdiction in the office of which such register is or is to be deposited, may, at the instance of any inter- ested party, order such error to be rectified in presence of the other parties interested. 76. The depositaries of the registers, on receipt of a copy of any judgment of rectification, are bound to in- scribe the same on the marofin of the act so rectified, and if there be no margin, then on a sheet of paper which re- mains annexed thereto. 77. If any act which ought to have been inserted in the register be entirely omitted, the same court may, at the instance of one of the parties interested, the otheis being notified, order that such omission be supplied, and the judgment so ordering is inscribed on the margin of the said register, at the place where the act so omitted ought to have been entered, and if there be no margin, then on a sheet of paper which remains annexed thereto. ■■■Mi 4 140 MISCELLANEOUS PUBLIC STATUTES. a ;f ")i ;!*?i TITLE FIFTH.— OF MARRIAGE. Clmp. TI. — Of the Formalities relating to the Sol- emnization OF Marriagb:. 1^8. Marriage must be solemnized openly, by a com- petent officer recognized by law. 1^9. All priests, rectors, ministers and other officers authorised by law to keep registers of acts of civil status are competent to solemnize marriage. But none of the officers thus authorized can be compelled to solemnize a marriage to which any impediment exists according to the docti'ine and belief of his religion, and the discipline of the Church to which he belongs. ISO. The publication of banns, required by articles 57 and 58, are made by the priest, minister or other officer, in the church to which the parties belong, at morning service, or, if there be no morning service, at evening ser- vice, on three Sundays or holidays, with reasonable inter- vals. If the parties belong to different churches, these publications take place in each of such churches. 131. If the actual domicile of the parties to be mar- ried has not been established by a residence of six months at least, the publications must also be made at the place of their last domicile in Lower Canada. 1JI!!J. If their last domicile be out of Lower Canada and the publications have not been made there, the offi- cer who, in that case, solemnizes the marriage, is bound to ascertain that there is no legal impediment between the parties. 13J5. If the parties or either of them be, in so far as regards marriage, under the authority of others, the banns must be published at the place of domicile of those under whose power such parties are. PART V. BY-LAWS AND REGULATIONS RELATING THE COLLEGES OF THK CHURCH. TO Statutes, Rules, and Ordinances of Queen's Uni- versity AND College. (Passed 26th Jan., lSG3 ; amended 8th June, 1S07, and :^afh Oct., 1S75.) Whereas the charter of the University of " Queen's College at Kingston " empowers the trustees of tlie said college to frame and make statutes, rules and ordinances, touching and concerning the good government of the said college ; the performance of divine service therein, the studies, lectures, and exercises, and all matters regarding the same ; the numl)er, residence, and duties of the pro- fessors thereof; the management of the revenues and property of the said college ; the salaries, stipends, provi- sion, and emoluments of and for the professors, officers, and servants thereof ; the number and duties of such offi- cers and servants ; and also touching and concerning any other matter or thing which to them shall seem neces- sary to the well being and advancement of the said college. And whereas it is necessary and expedient to make such statutes, rules, and ordinances ; Therefore, at a meeting of the trustees of the said col- lege, duly convened and holden, held at Kingston, on the 20th day of January, 18()8, whereat there were present the Hon. John Hamilton, chairman ; the Rev. Principal Leitch, the Rev. Dr. Williamson, the Rev. Dr. Ur- QUHAUT, the Rev. Duncan Morrison, Alexander Mc- Lean, Hugh Allan, Alexander Morris, M.P.P., John Paton, and Andrew Drummond, esquires, the said trus- %M% ^1 IT II m [ -i 142 RY-LAWS, ETC., RELATING TO THE COLLEGES. tees, by virtue of the power and authority as aforesaid vested in them, do enact, frame, and make the following statutes, rules, and ordinances for the good government of the said college : — DESIGNATION. 1. The designation of the University shall be " Queen's University " — the legal designation of the college being " Queen's College at Kingston." rules FOR MEETINGS OF THE BOARD OF TRUSTEES, THE COLLEGE SENATE, AND ALL OTHER COLLEGE BOARDS. 2. The order of business shall be — (1) Opening of the meeting with prayer by the Principal when present ; (2) reading, amending, and sai.ctioning the minutes of last meeting ; (3) business remaining over since last meeting ; (4) reading of letters received since last meeting ; (5) reading of reports of committees. 3. The chairman shall speak to and decide on all ques- tions of order. 41. No member shall be entitled to speak except to a motion committed to writing. S. No member shall be entitled to speak more than once to a motion except in the way of explanation. The introducer of the motion shall be entitled to reply. O. Any member may re luire the yeas and nays to be recorded, but no one shall be entitled to have his dissent or grounds of dissent recorded. 7. The chairman shall have a casting and also a de- liberative vote. 8. A member shall not be entitled to withdraw a motion except with the consent of the seconder and the meeting. 9. Amendments to a motion shall be put to the vote BY-LAWS, ETC., RELATING TO THE COLLEGES. 143 before the motion itself, and the voting shall be in the reverse order in which they have been moved. BOARD OF TRUSTEES. 10. All officers shall be appointed, shall have their duties prescribed by, and shall hold office only during the pleasure of the trustees, except in cases where a special agreement may have been or may be made ; and shall be entitled to such salaries or emoluments as may be from time to time agreed on. 1 1 . All donations, grants and bequests to the observa- tory, museum, library, foundation of scholarships, pai-tic- ular faculties, or other college pur[)oses, shall be adminis- tered by the board of trustees. 1 H. The trustees shall have the exclusive power of ex- ercising discipline over the officers of the college. 13. When a complaint is made respecting the conduct of any officer, the complainant shall be required to act as prosecutor, and, in the event of any impropriety being duly proved, the grounds of the sentence shall be re- corded at length in the books of the board of trustees. When the board has resolved to institute an inquiry, a summons, in the following form, shall be served on the accused : — To A. U., of -, in the City of Kingston (Principal, Professor, or Janitor, &c.) in Queen's College at Kingston : Whereas a complaint hath been duly entered in writing against you as such officer before the board of trustees of the said college, of which a true copy is hereunto annexed ; and whereas the said board hath resolved that the matter contained inthesaid complaint shall be further inquired into and adjudicated upon : You are therefore hereby required to file in the office of the secretary of the said board at the said college, within ten days after the service hereof, your answer to the matters in the said complaint contained ; and ! i m i 144 BY-LAWS, ETC., RELATING TO THE COLLEGES. you are hereby notified and required to be and appear in your proper person before the said board, at a meeting to be held at the same college, on , the day of next, in order to your defence in the said matter of complaint. In witness whereof the seal of the said college is hereto affixed. (Signed) » — , Chairman Board of Trustees. (Signed) , Secretary Board of Trustees. 14. The trustees may, on their own motion, and with- out any complaint being made, deal with the Principal, professors, janitor, or any other officer, when they see cause In such case it shall not be necessary that the grounds of censure, suspension, or removal, be recorded — the record- ing of the grounds being warranted only in the case of a judicial process in which a complainant acts as prosecutor. An officer on beinaj removed shall be entitled to claim salary up to the date of removal. 15. The board of trustees shall be a court of review and appeal with respect to the decisions of the college senate, and all other college boards. 10. The board of trustees shall annually print a report of the state and progress of the college, with such synopsis of their proceedings as to them may seem desirable, and an account of revenue and expenditure, copies of which report shall be distributed among the members of the board, and of the Synod of the Presbyterian Church of Canada in connection with the Church of Scotland at their annual meeting. 17. The board of trustrees shall annually publish a calendar, copies of which shall be distributed, along with the annual report, among the trustees and the members of the Synod at their annual meeting. 18. The books and subjects prescribed by the Synod of the Presbyterian Church of Canada in connection with the 'ith- BY-LAWS, ETC., RELATING TO THE COLLEGES. 145 Church of Scotland for candidates for license shall form part of the course of instruction in the respective classes, and the above books and subjects in the arts department shall be prescribed to candidates for degrees. 1 !). A regular meeting of the board of trustees shall be held on the last day of the session, when all suggestions for a change in the calendar made by the college senate or any of the college boards or officers shall be considered and decided upon. Grants for prizes, library books, and for other college purposes, shall be made at this meeting. The salaries of officers shall also be fixed or modified. THE PRINCIPAL. 30. He shall have tho ordinary superintendence of the internal aftairs of the college, under such regulations as the board of trustees may prescribe. /51. He shall, as chief executive officer, see that the laws of the college are carried out and observed by officers and students, and he shall employ such discretionary mea- sures as may be necessary to secure this end without judi- cial proceedure ; but should it be necessary at any time to enforce the laws or exercise discipline, the case shall be laid before the board of trustees, when relating to the offi- cers of the college, and before the college senate when re- lating to the students. , 33. He shall from time to time inspect the classes, museum, library, minute books, matriculation books, and class roll books, and offer such suggestions to the officers as he may deem expedient ; and should any department require the special attention of the trustees, he shall re- port accordingly. 33. He shall, ex oficio, preside at the college senate, and in the several faculty boards. ^ ^^ 34. He shall preside at all examinations for degrees and see that all examination papers are regularly set and valued. -fT^ |i| W tl 1 146 BY-LAWS, ETC., RELATING TO THE COLLEGES. ^5. He shall sign all diplomas for degrees, certificates of honours awarded by the college senate, and inspect all certificates of candidates for degrees, and report to the senate as to whether the requirements of the university have been complied with. *Zi». He shall sign all minutes of meetings of college senate ; and should any meeting be held in his absence, the decision of the meeting shall not be valid till the minutes have received his signature or approval. ^T. He shall sign all orders for necessary incidental expenses not authorized by the board of trustees, and shall superintend all entries in the college register. ^8. He shall either personally, or by substitute appoint- ed by him, deliver an address to the students at the open- ing of the college session, and on each occasion when de- gi*ees are conferred in convocation. ?59. He shall see that proper arrangements are made for the conducting of divine service in the college on Sabbath. 30. He shall report to the meeting of trustees, to be held on the last day of the session, any changes in the calendar suofgested by the senate, college boards or officers. .PROFESSORS. 3 1 . They shall perform the duties of their office under such regulations as the board of trustees may from time to time prescribe, and shall not engage in any vocation which the trustees shall deem inconsistent with their office. 3^. The roll shall be regularly called in each class, so that the attendance of each student may be accurately ascertained. 33. Each professor shall, at the close of the session, grant certificates of attendance, progress and attainments. No student however, shall be entitled to such certificate BY-LAWS, ETC., RELATING TO THE COLLEGES. 147 icates 3ct all ,0 the ersity ioUege )sencc, AW the dental es, and ppoint- 3 open- len de- e made ege on to be in the officers. e under )m time ocation their class, so iurately session, nments. rtificate who has not paid the class fees unless he has been ex- empted from payment thereof. J54. They shall have regular viva voce and written ex- aminations in the class. ' 35. The professors of the arts and theological faculties shall examine, when required, candidates for all scholar- ships founded by or tenable in Queen's College. They shall also visit and examine the county grammar school, which has been affiliated to the college, when required so to do. t5C When any professor cannot attend his class or other duty, he shall notify this to the Principal. In all such cases the Principal, on the fact coming to his knowledge, shall either officiate himself or take such steps as may be necessary to secure a temporary substitute. 31. Each professor, in the exercise of discipline in his class, shall have the power to admonish and fine — the fine in any one case not to exceed one dollar. Fines may be in- flicted for lateness, absence, attending without cap and gown, and similar offences. In the case of graver offences, the professor shall bring the matter before the college senate. The fines shall be appropriated to the library. 38. No professor shall in his class, or in the discharge of any part of his duties, make any statement or do any- thing derogatory to religion or morals, injurious to his fellow professors, or disrespectful to the college authori- ties. • ■ ,. / . .■'■•" ,." ^:.V'-^' ." 30. All professors, before they are publicly inducted to their office, shall answer affirmatively the following ques- tions: — - . ; "! . ' i (1.) Do you promise to observe the statutes, rules and ordinances of this university, and to submit to its con- stituted authorities ? (2.) Do you promise that you will follow no divisive courses from the present government and discipline of this university ? (3.) Do you promise that in the performance of the duties of your chair you 1i: I ii' 148 BY-LAWS, ETC., RELATING TO THE COLLEGES. • will neither make any statement nor teach any doctrine derogatory to christian faith or morals ? (4.) Do you pro- mise that, in the discharge of your duties as professor of , you will invariably seek to promote the interests of the students under your charge, the welfare of this insti- tution, and the glory of God ? SECRETARIES. 40. Secretaries shall, when requested by the party entitled to call meetings, send written notices of the meetings, specifying the business to be transacted. 41. They shall conduct the correspondence of the boards under the superintendence of the chairman, take minutes, and file all the papers in the order in which they have been read, with proper endorsements, keep them in order, and retain copies of all letters sent. 4*4. The matriculation books and the minute books of the college senate and of the several faculties shall be laid by the secretaries upon the table of the board of trustees at the meeting on the last day of the session, and the trustees shall appoint a committee to examine and re port as to the manner in which they have been kept. DEANS. 43. The deans of faculties shall call meetings and pre side in the absence of the Principal, and shall present students for graduation at meetings of convocation. The offices of dean and secretary may be combined. TRiiiASURER. 44. It shall be the duty of the treasurer to keep accu- rate books of account in such form as from time to time shall be ordered by the trustees, of all revenues, receipts, and ex]ienditure of the university, with all requisite vouchers ; to collect and receive all moneys and revenues BY-LAWS, ETC., RELATING TO THE COLLEGES. l^O of the university, from whatever source derivable, and forthwith to lodge the same to the credit of the college in such chartered bank as may be designated by the trustees ; to submit at the general meeting of the trustees, lield on the last day of the session, a minute of such col- lections and deposits, together with a statement of all moneys due to the university and not paid, and of all out- standing claims against the university ; to pay all such claims, when ordered by the committee of finance or by the trustees, by his cheque, countersigned always by at least one trustee being of the committee of finance in the time being ; to submit a full statement of his accounts to the trustees at each regular meeting of the trustees, held on the last day of the session, exhibiting in detail all revenues, receipts and disbursements of the university, as also to the trustees at such time as they shall specially direct, and generally to obey and carry out all instmctions of the finance committee and trustees. He shall enter into bonds, with security to the satisfaction of the trustees, in such sum, not less than $1,000, as they may from time to time ordain, for the faithful accounting for all moneys collected or received by him, and the correct performance of his duty generally. FINANCE AND ESTATE COMMITTEE. 45. A finance and estate committee of four trustee j, of whom the treasurer and Principal shall be ex-o]j\cio mem- bers, shall be appointed at the general meeting held on the last day of the session : they shall have power, and it shall be their duty, to inspect all lands, buildings, and other property of the university, and report promptly to the trustees all necessary repairs and expenditure thereon, and superintend, under their direction, the execution of such repairs as shall be ordered by the trustees ; to take all necessary steps for the conservation thereof; to sub- mit, at the meeting held on the last day of the session, a report exhibiting the state and condition of the real W ' tliK fir I 150 BY-LAWS, ETC., RELATING TO THE COLLEGES. estate-property of the college and its financial position ; as also an estimate of the expenditure for the ensuing year, and the ways and means of meeting such expendi- ture ; all accounts of necessary articles, of whatever nature, required by the faculties of arts and theology shall be paid by the treasurer of the college, but not until the ordering of the same shall have first been sanctioned by the committee, or the payment of the same shall have been expressly ordered by the committee ; the finance committee shall have the right of inspection and audit of the books of any faculty, whose funds are managed by such faculty and do not fall into the general revenues of the college; and the said committee shall, subject to the supervision of the board of trustees, have the general care and conduct of all matters concerning the revenues, finances and expenditure of the college, except as may be otherwise herein provided, and shall have power from time to time, to make and alter investments, but the committee shall take the first opportimity of reporting to a meeting of the board all acts done by them in the exer- cise of this power. The elected members of the com- mittee shall be appointed at the present meeting, and shall hold office until the last day of the session and shall, be eligible for re-election. REGISTRAR. 46. He shall keep the college register, and the secre- taries of the several faculties shall annually supply him with lists of matriculated students, and with such parti- culars regarding them as the entries may require. 47. The registrar shall act as secretary of all college boards to which the trustees have not appointed secre- taries : All diplomas shall be prepared and registered by him before they are issued. 48. He shall, under the superintendence of the Princi- pal, conduct the general correspondence not devolving on the several secretaries. BY-LAWS, ETC., RELATING TO THE COLLEGES. 151 40. He shcall keep lists of all instruments, ajumratus, class furniture, and other college property, and he shall annually give in to the trustees a report on the state of such instruments, &c„ and for this purpose secretaries and professors shall furnish him with the requisite lists; The report to be given in on the last day of the session 50. The registrar shall, under the direction of the Principal, give notice in the newspapers of the opening of the session, and the notices shall be inserted a month at least before the opening, 51. All accounts of college expenditure shall be ex- amined by the registrar before being paid to the trea- surer. All incidental expenses of the various classes shall be ordered through the registrar, and he shall present the accounts to the finance committee. STUDENTS. 53.^ Every student shall, before matriculation, produce a certificate of character from his minister, or some res- pectable party competent to grant such certificate. 53. Every student at the time of his matriculation shall subscribe the following declaration : — I, , being now admitted a student of Queen's College, do hereby sincerely and solemnly declare and promise that I shall at all times render due respect and obedience to the Principal, professors, and other authorities of the university, and strictly observe the laws and statutes thereof; that I shall give a regular attendance at my classes, and shc*ll apply myself carefully and diligently to the studies in which I am engaged, and perform to the utmost of my power the exercises prescribed ; that I shall conduct myself in a courteous and peaceable man- ner towards my fellow students ; and that I shall always maintain and defend the rights and privileges of the university, and never seek in any way or manner the hurt or prejudice thereof. (To be signed) , Student. . 4-1 '• 1 sl ■^:: ill fr^ 152 BY-LAWS, ETC., RELATING TO THE COLLEGES. 54. Students shall attend morning prayers within the college. Exemptions in special cases may be granted by the Principal or senatus. 55. Students shall regularly attend divine service in the churches to which they belong. 56. Students receiving free education with a view to the ministry, or holding church scholarships or bursaries, shall sign an engagement to repay the money should they change their intention of applying for license as preach- ers of the Presbyterian Church of Canada in connection with the Church of Scotland. 57. Graduates and under-graduates in arts, when at- tending prayers, their several classes, or any college meet- ing, shall wear the academic costume prescribed by the college senate. COLLEGE SENATE. 58. The college senate, constituted of all the profes- sors of the college, a majority of members to be a quorum, shall exercise academic superintendence and discipJine over the students and others (not officers) resident therein, with the following powers for maintaining order and en- forcing obedience to the statutes, rules, and ordinances of the college. 59. On any complaint being made regarding the con- duct of any student, they shall, if they see fit, make inquiry, and if the charge be proved to their satisfaction, they shall record the sentence, and the grounds on which it has been passed, in their minutes. 60. Insubordination, immoral conduct, either in o)* out of college, gross neglect of study, refusal to perform the appointed exercises, breach of college regulations, injury to college property, and all oftences of a similar kind, shall render a student liable to the infliction of a penalty pro- portionate to the offence. The penalties which the col- lege senate may inflict shall be such as the following:— (1.) Fines not exceeding in any one case more than ten BY-LAWS, ETC., RELATING TO THE COLLEGES. 153 Vice in dollars. (2.) A note of disapprobation in the class certi- ficate. (3.) Rustication for a definite period. (4.) For- feiture of right to a degree. (5.) Degradation from the rank of graduate. (C.) Expulsion. 01. The senate shall appoint all examiners whether be- longing to the teaching staff of the college or not. 02. The oral examinations for degrees shall be con- ducted in presence of the college senate, and any member shall be entitled to put questions. 03. In each of the departments of examination, writ- ten questions shall be set, to which written answers shall be given in presence of the examiners. 04. No degrees shall be granted except at the regular meetings of the college senate appointed for that purpose. 05. The college sen.ate shall, after hearing the reports of the examiners, decide on the claims of the candidates proposed for degrees, and the Principal shall, in name of the university, and in convocation, confer the degrees on the successful candidates. 00. The college senate shall have power from time to time to confer honorary degrees in the several facul- ties, excepting arts and medicine, for literary, scientific and professional distinction. 07. Meetings shall be called by order of the Principal ; or, in his absence, at the request of two members, by the secretary. Two days' notice shall be given, by circular, of all meetings of the college senate for the appoint- ment of examiners and the granting of degrees. Meet- ings shall be held only during the college session. 08. In the absence of the Piincit)al, the senior pro- fessor shall take the chair. 09. The following regular meetings shall be held an- nually : One on the second Friday of January, to elect a hospital governor and curators of library ; one on Tues- day before the last Thursday in March, to giant medical Ill < 154 BY-LAWS, ETC., RELATING TO THE COLLEGES. degrees ; and one on Tuesday before the last Thursday of April, to grant degrees in arts and theology. 70. The senate shall award all scholarships by exami- nation, subject only to the conditions of the founders, and the regulations of the board of trustees. 71. No student shall hold two scholarships, but a church student may have a scholarship supplemented out of the bursary fund. 72. The college senate may draw up by-laws, consistent with the statutes, I'ules, and ordinances of the university, which shall be submitted to the trustees for approval, modification, alteration, or rejection, and shall be sub- ject to their revision at any time. FACULTY BOARDS. 73. The professors, lecturers and fellows of each faculty shall have power to meet as a separate board, and to administer the affairs of the faculty under such regulations as the board of trustees may prescribe. 74. Faculty boards shall be entitled to draw up by- laws consistent with the statutes, laws, and ordinances of the university, which shall be submitted to the board of trustees for approval, modification, alteration, or rejection, and shall be subject to the revision of the trustees at any time. The Principal shall be, ex officio, president and a member of all the faculty boards. > V S. THE OBSERVATORY. T5. The professor of mathematics shall be director. 10. In order to fulfil the conditions of the deed of con- veyance, the director shall deliver four lectures annually in the observatory, and the Principal shall provide for two lectures in the city hall. 11. Its affairs shall be managed by a board consisting of the Principal, the director, and the secretary of the board of visitors. BY-LAWS, ETC., RELATING TO THE COLLEGES. 155 T8. It shall not be entitled to receive any sum from the ordinary revenue of the college, but all special grants, donations and bequests, shall be applied exclusively to its support. T9. All expenditure by the observatory board shall first be sanctioned by the board of trustees. 80. An observer shall be appointed as soon as the funds permit, who shall make regular observations, and fulfil the conditions of the deed by which the observatory was conveyed to the college. 81. The observatory board shall be entitled to draw up by-laws, to be approved by the board of trustees. THE LIBRARY. 8^. The librarian shall be appointed by the trustees, and his duties shall be : — (1) To keep a list of all books given out and returned ; and no books shall be taken out of the library by any pei'son without the knowledge of the librarian ; (2) To keep a list of all new books, entering them in the order in which they are received ; (3) To keep an alphabetical catalogue of all new books, each book being entered into its place in the catalogue as it is re- ceived ; (4) To keep a lassed catalogue, each book being entered under the subject to which it belongs; (5) To attend daily 'uring the session to give out and receive books — the a hendance during the recess being at least once a week ; (O To recall all books at least twice a year ; (7) To supply tlie Presbyterian newspaper from time to time with a list of books received as donations, wath the donors' names, and to write to the donors, acknowledging the donation ; (8) To send in to the curators on the sixth day before the last day of the session, and on the tenth day after the opening of the Theological Hall, each year a return of the number of books added to the library, and of the number lost or missing, with the names of the par- ties to whom such books were delivered ; (9) To keep a Ii» II: 156 BY-LAWS, ETC., RELATING TO THE COLLEGES. list of the prices paid for the books ; (10) To observe any by-laws that may be drawn up by the curator and sanc- tioned bv the trustees. 83. The library shall be managed by a board of cura- tors, consisting of the Principal and a member appointed annually by the college senate from each of the faculties of theology and arts. 84. The board of curators shall order all purchases of books from the matriculation fees, and each faculty shall be entitled to books in that department amounting in value to the matriculation fees contributed by it to the library. The whole of the matriculation fees in the facul- ties of arts and theology shall be devoted to tho purchase of books. 85. The curators shall furnish an annual report to the board of trustees and the colleije senate. 80. The curators shall draw up by-laws to be submit- ted to the board of trustees for approval. 81'. The library sh?ll be open to all students who have paid their matriculation fees, and to all professors, trus- tees and graduates, under such regulations as the curators may frame. MUSEUM. 88. The professor of natural history shall be the cura- tor of the museum, and shall manage its affairs under such regulations as the board of trustees may prescribe. 80. The curator shall give in to the board of trustees an annual report of the state of the museum, and an ac- count of the receipts and expenditure. 00. Such grants as may from time to time be voted for the purchase and preservation of specimens shall be ap- plied by the curator, under the direction of the board of trustees. 01. The curator shall draw up a classified catalogue of all the articles in the museum. The namos qf the donors BY-LAWS, ETC,, RELATING TO THE COLLEGES. 157 shall be entered in the catalogue and affixed to the articles. 9*Z. All donations shall be deposited in the museum immediately on their arrival, and shall be duly acknow- ledged by the curator, by writing to the donor and in- serting a notice in the Presbyterian, 03. The museum shall be open to students and the pub- lic under such regulations as may be prescribed. 94. The curator shall supply the professors with such specimens as they may require for the illustration of their lectures, and shall enter in a book kept for the purpose the times when such specimens are given out and returned, CONVOCATION. 95. The convocation shall consist of the board of trus- tees, the Principal, professors, lecturers, tutors, fellows and graduates of the university. 90. Meetings of convocation shall be held on the days fixed, for the public conferring of degrees, under the au- thority vested in the senate, and for the induction of pro- fessors to the chairs to which they have been appointed. Due notice of such meeting shall be given, by order of the Principal. 9T. The Principal, or in his absence a member of senate elected by the senate for the purpose shall preside, and shall perform the ceremony of induction and laureation. 98. Four fellows shall be annually elected by the mem hers of convocation, at their last meeting of the session, and after the degrees of the session have been conferred, viz : one from the graduates of each of the four faculties of arts, theology, law, and medicine. The fellows shall hold office for one year and be entitled to sit in the boards of their respective faculties. The fellows shall rank with professors, in meetings of conVv nation. No student shall be eligible. m FT^ 158 BY-LAWS, ETC., RELATING TO THE COLLEGES. 99. No change shall be made in the code of statutes, rules and ordinancos, unless at a general meeting of trus- tees, called specially for the purpose, on a requisition to the chairman, in writing, of three trustees, and the notice calling such meeting shall static the time and place of such meeting and the nature of the changes proposed to be en- acted. The changes that may be made in the calendar by the meeting of the board of trustees, on the last day of the session, must be consistent with the code of statutes, rules and ordinances. Minutes, 1877, page 37. — The Assembly recognizes the desii'ableness of having an additional professor in the- ology in this institution so soon as the state of the finances shall admit, and recommend the friends of the college to exercise all possible liberality in the way of increasing the endowment so that such appointment may be made without unnecessary delay. Minutes, 1878, page 46. — The Assembly sanction the institution of a preparatory department in connection with the theological work of the college. In doing so, the Assembly renew a former recommendation to the colleges to use all legitimate means to induce students to take the regular arts' course in some approved university. KNOX COLLEGE. DECLARATION OF PRINCIPLES. Presbyterian Church of Canada, Minutes, l^QS),i'>age 27. — That the principles and doctrines to be taught in Knox College by the professors and tutors, or other persons who shall from time to time, and at all times hereafter, be em- ployed or appointed in giving instruction in the said col- lege shall be such and such only as are consistent w4th and agreeable to the " Confession of Faith," the " Larger and Shorter Catechisms," and the "Form of Church Govern- ment," all of which are called " The Westminster Stan- dards," and shall comprise all theological learning consist- BY-LAWS, ETC., RELATING TO THE COLLEGES. 159 ent with said standards ; provided always, that the said " Confession of Faith " be understood and taken with the explanatory note thereto, agreed upon by the Synod of the Presbyterian Church of Canada, met at Toronto in the year of our Lord, 1854: provided also, that the said " Westminster Standards " be taken and understood with such other, or further directions and rules as to church government, discipline, or worship, as may from time to time be prescribed or ordained by the Synod of the said Presbyterian Church of Canada, with the concurrence of a majority of the presbyteries of the said Church, to be ascertained in such manner as the Synod shall prescribe, and that such regulations and rules be duly recorded in the minute book of the said Synod and signed by the moderator and clerk for the time being of such Synod. The Synod further instruct their clerk to register this resolution and declaration in the records of the Synod and in the public records of the City of Toronto. ■;■:» BY-LAWS. Presbyterian Church of Canada Minutes, 1860, page 26. — 1. There shall be a board of management, composed of thirty-five persons, ordained ministers and elders of the Church, of whom seven shall be a quorum for transaction of all business. The said board shall be annually ap pointed by the Synod, and its members shall hold office until their successors be appointed. They shall appoint their own secretary and treasurer, who shall keep records and accounts, which shall be open to the inspection of the Synod. The chairman of the board shall be appointed annually by the Synod, and in the event of no such ap- pointment being made, or of the death, removal or resig- nation of said chairman, his place shall be supplied by the board itself. H. The board shall be convened by the chairman at least three times a-year, and at such time and in such 'M •I 1,1 i 160 BY-LAWS, ETC., RELATING TO THE COLLEGES. manner as may be determined by the Synod or by the board itself. 3. The boai'd shall have the whole management of the financial affairs of the said college, shall receive and dis- burse all its moneys, keep and manage all its property, and transact all its business relating to property and money committed to its care, by the Synod or otherwise, and shall exercise all the powers in regard to property and money vested in the corporation of Knox College by the act 22 Victoria, chapter 69. In cases where special instructions shall be given by the Synod, in writing under the hand of their clerk, it shall be the duty of the said board to act according to such instructions. 4. The board shall receive annual reports from the senate in reference to the departments under the care of said senate, and shall transmit the same to the Synod, along with a report on all matters entrusted to said board, and an audited balance sheet of the property and financial affairs of the college. 5. The board shall further take general cognizance of all matters pertaining to the interest of the college, and co-operate with the senate in maintaining its discipline. They shall also take charge of the boarding department of the college, and make such regulations for its manage- ment as they may see fit, and shall appoint all subordi- nate servants, and dismiss and remove the same as they shall see fit. 6. The board shall have power to appoint an acting sub-committee, with such powers as they may deem requisite. 7. The chairman of the board shall have charge of the corporation seal, and shall affix it to such documents as he may be directed by the special instructions of the board. College Senate. 8. The Principal and professors of the college, together BY-LAWS, ETC., RELATING TO THE COLLEGES. 161 by the of the id dis- jperty, y and erwise, •operty ege by special ; under he said )m the care of Synod, bo said I'ty and ance of ^e, and cipline. tment lanage- ibordi- is they acting deem of the iments of the igether with seven members of assembly, shall be annually ap- pointed by the Synod as a " College Senate," to whom shall be entrusted the reception, academical superintendence, and discipline of the students, and of all other persons within the said college. The senate shall take a general inspection of the whole internal arrangements of the col- lege, and of the studies of the students, and shall place said students in that year of the curriculum to which they may be certified by presbyteries, or by such other body as the assembly may determine, and shall have charge of the library and museum. O. The senate shall at the close of each college session* hold an examination of the students, and present to the board of management a report on the studies of the classes, and on any other matters under its supervision. The Principal. 10. The title of the Principal shall be " The Reverend the Principal of Knox College." 11. He shall preside in all meetings of the college sen- ate, and summon such meetings at stated or convenient times. In the unavoidable absence or inability of the Principal, the senior professor shall summon and preside at necessary meetings of the senate with the consent of the other professors. In case of a division, the Principal shall only have a casting vote. 12. He shall preside at the public opening and closing of the college session. 13. He shall be the medium of communication with, and conduct the official correspondence of, the college senate. 14. He shall have a general superintendence of the studies of the students in accordance with the instructions of the senate ; it being understood that the other profes- sors shall be responsible only to the assembly for the dis- charge of the duties entrusted to them. 162 BY-LAWS, ETC., RELATING TO THE COLLEGES. , I. H"!! Professors and Tutors. tS. No person shall at any time be employed, or in- ducted into office, as professor of theology who is not at the time of his employment or induction an onlained minister of the Presbyterian Church of Canada ; and if a licentiate shall at any time be appointed, he shall, before induction, be ordained to the holy ministry in the usual manner by the Presbytery of Toronto, or by a connnission specially appointed for that purpose by the Synod ; and all persons, if any, who shall be appointed or emj)loyed as tutors, shall at the time of their entrance into office be members of the said Church in full communion therewith, and said professors and tutors shall sign the formula a[)- pointed to be signed by minister' fee, of the Church. 10. All professors and tutors who shall hereafter be appointed or employed in the said college, shall be ap- pointed by the said Synod at its ordinary annual ses- sion, or at any special meeting of the said Synod, to be called for the purpose of making such appointments or appointment by notice from the moderator of Synod for the time being, to be sent to each member of Synod, at least fifteen days before the day appointed for such special meeting, such ap[)ointment to be made by open vote of the majority of members present, at the sederunt of the said Synod at which the appointment shall be made, or in such other manner as the said Synod shall from time to time by resolution determine, and direct to be pursued in making such appointments ; provided always that any such professor or tutor may resign, or may by the said Synod be removed, suspended or deposed from office, according to the laws of the Church, and in case of any such tutor resigning or ceasing to be such as afore- said, or in case of any such professor being removed or being deposed from the ministry in due process of discip- line, such tutor or professor so resigning, ceasing to be a member, or being removed or deposed as aforesaid, shall, ipso facto, cease to be a professor or tutor in the said col- BY-LAWS, ETC., RELATING TO THE COLLEGES. lG3 lege, and cease to have any emolument or privilege belong- ing to the said college, and his office shall be vacant. Sessions ; Admission and Attendance of Students. 17. The session or academical year shall commence on the first Wednesday of Octo])er, and end on the first Wed- nesday of April. There shall be such recess at the end of December, as may be fixed by the s/)nate. 18. No person shall be entitled to rank as a student, who has not been certified to the senate by some presby- tery of the church, or such other body as the assembly may appoint, and wlio has not signed the Album of the college, and agreed to submit to its discipline in such form as may be determined by the senate. 10. Every student shall, at the end of each session, apply to the professors on whose instructions he has at- tended, for certificates attesting the regularity of his attendance, his proficiency, diligence and general conduct, which certificates shall be presented to the presbytery of the Church, by whom the said student may be examined for license, or to the board of examiners for entrance up- on the next year of the curriculum; and before an}' student shall be taken on trials for license, he shall present to his presbytery a certificate from the senate signed by thePrin- pal, attesting that he has attended all the classes and per- formed all the duties required by the Church. 20. Cases of an urgent or peculiar nature of atten- dance on, or absence from, the classes of any particular year shall be adjudged upon by the senate according to the circumstances of each case. PRESBYTERTAN COLLEGE OF MONTREAL. _ . _ declaration OF PRINCIPLES. ,^ — - ' ■'»-■-',■'. Canada Presbyterian Church Minutes, 1865, page 39. — That the principles and doctrines to be tauojht in the ' 11 1 '• -h \' f i 1 ! f ■■ ■ l\ '■>} '*: ['B4 Jiii 164 BY-LAWS, ETC., RELATING TO THE COLLEGES. Presbyterian College of Montreal by the professors and tutors, or other jiersons who shall from time to time, and at all times hereafter, be employed or appointed in giving instruction in the said college shall be such and such only as are consistent with and agreeable to the " Confession of Faith," the *' Larger and Shorter Catechisms," and the " Form of Church Government," all of which are called " The Westminster Standards," and shall comprise all theological learning consistent with the said standards : Provided always, that the said standards be understood and taken in terms of the articles of union agreed upon by the Synod of the Canada Presbyterian Church at Montreal, in the year of our Lord 18G1 : Provided also, that the said " Westminster Standards " be taken ami understood with such other or further directions and rules as to church government, discipline or worship, as may from time to time be furnished or ordained by the Synod of the said Canada Presbyterian Church, with the con- currence of a majority of the Presbyteries of the said church, to be ascertained in such manner as the Synod shall prescribe, and that such regulations and rules be duly recorded in the minute book of the said Synod, and signed by the moderator and clerk for the time being of such Synod. The Synod further instruct their clerk to register this resolution and declaration in the records of the Synod. BY-LAWS. Canada Presbyterian Church Minutes, 1867, 'pacje 48. — The by-laws passed for the board of management of Knox College were adopted as those of this college, except that the words " or members in full communion " were added after the word " church " in rule 1. For the by- laws of Knox College, see page 159. Minutes, 1877, page 37. — The Assembly instruct the treasurer of the western section of the church to pay the sum of $750 to the treasurer of this college from the fund •'-A 'r»%r BY-LAWS, ETC., RELATING TO THE COLLEGES. 1G5 contributed by the territory assigned for the support of Queen's and Knox Colleges. The Assembly empoweis the board to appoint a suitable lecturer in connection with the French work of the college. BOARDS OF EXAMINERS. Canada Presbyterian Church Minutes y 1871, A})}). 98 ; and Minutes, 1873, ^a^re 70. — 1. There shall be two boards of examiners, the one to meet at Toronto, the other at Montreal ; and each board shall consist respectively of the members of the senate of Knox College and six other members, to be elected annually by the General Assembly, and the members of the senate of the Presbyterian College, Montreal, and six other members to be elected as above. ^. It shall be the duty of presbyteiies to examine all persons presenting themselves as entrants on the prepara- tory course of study, and to certify them to one of the above named boards, by whom their places in the curricu- lum shall be determined. 3. This section of the interim act was not adopted. 4. Regular students, entering upon the course of di- vinity, shall present a presbyterial certificate, together with evidence of having obtained the degree of B. A. at the University of Toronto, or at McGill College, Montreal, or at Queen's College, Kingston, or at Victoria College, Cobourg, or at one of the national Universities of Great Britain or Ireland ; or instead of said degree, a certificate of having satisfactorily passed the final examination in the preparatory course already referred to ; but, in all cases, such students must present evidence of having at- tended, at least one session, a class in Hebrew, or other- wise undergo an elementary examination in that language. 5. It shall be the duty of the boards to examine the students in divinity at the close of each session, and in 1: \ ■ f T . I'.f IS k r. ! i i 1G6 BY-LAWS, ETC., RELATING TO THE COLLEGES. case of the examinations proving satisfactory, to certify this to the respective presbyteries. (5. It shall be the duty of the presbyteries to prescribe to the students in divinity residing within their bounds for the summer months, such studies or written exercises as they may see fit, and to examine them before the open- ing of each session, and certify them to the respective senates. 1. Students, on making application to presbyteries for license, shall present certiticates of having completed the course in divinity, and of having satisfactorily passed the examination at the close of the last session in their course. MANITOBA COLLEGE. ! BY-LAWS. Ganadii Presbyterian Church Minutea, 1873, page 71. — 1. The board of management shall consist of fifteen members, as provided by the act of incorporation, to be elected annually, five of whom shall form a quorum. /J. The chairman of the board shall be appointed an- nually by the Assembly; and in the event of no such ap- pointment being made, or of the death, removal, or resignation of said chairman, his place shall be supplied by the board itself. The boai'd vshall appoint their own secretary and treasurer, who shall keep records and ac- counts, which shall be open to the inspection of the Assembly. 3. The board shall be convened by the chairman, at least three times a year, and at such time and in such manner as may be determined by the Assembly, or by the board itself. 4. The board shall receive an annual rejiort from the senate, in reference to the departments under the care of said senate, and shall transmit the same to the Assembly, along with a report on aU matters xnti'usted to said board, BY-LAWS, ETC., RELATING TO THE COLLEGES. 107 and an audited balance-sheet of the property and financial affairs of the college. S. The board shall have authority to appoint an act- ing sub-cornmittee, with such powers as to transacting business entrusted to the board as may be requisite. O. The chairman of the board shall have charge of the corporation seal, and shall, under the special instructions of the board, affix it to official documents. 7. The senate shall, at ti!;i close of each college term, hold an examination of the students, and present to the board of management a report on the studies of the classes, and on any other matteis under its supervision. 8. The senate shall appoint annually one of their num- ber to be their chairman, who shall summon all meetings of the senate. In tlie absence of the chairman, the senate may appoint another of their number to preside. In case of a division, the chairman shall only have a casting vote. 0. The session, or academical year, shall commence on the first Tuesday of October, and end on the last Friday of June. There shall be such vacations as shall be fixed by the senate. 10. Certificates of attendance, and of having passed the required examinations, may be given by the senate, signed by the chairman. 11. The curriculum of study shall be such as raa}^ at any time be determined by the Assembly ; and in the meantime is that contained in the accompanying schedule, comprising : Greek and Latin classics, mathematics, includ- ing trigonometry, Euclid, algebra, arithmetic, English grammar and literature, French, the elements of German, history and geography, and the natural sciences, includ- ing geology, zoology, botany and chemistry, with the prin- ciples of scientific agriculture. The course in comm rcial subjects includes penmanship, business correspondence, book-keeping and banking. fv: : ■ I- 168 BY-LAWS, ETC., RELATING TO THE COLLEGES. Report of Board of Management of Manitoba College, Canada Presbyterian Church Minutes, 1873, Appendix, 2'>age 84. — The board would also, on account of the dis- tance of Manitoba from the place of meeting of the Gene- ral Assembly, resj)ectfully present the following plan of constituting the board of management : That the Assembly appoint the fifteen members of the board, to be nominated in the following manner : — Two professors; two nominated by the Presbytery of Manitoba; three by Knox Church, Winnipeg ; three by KDdonan ; three by the Synod of the Presbyterian Churi;h of Canada, in connection with the Church of Scotland ; one by Little Britain ; and one by Portage La Prairie. Canadxi Presbyterian Church Minutes, 1873, page 62. — The Assembly resolved inter alia. That the request for the appointment of a board of management be granted, with the following modification, namely : that the Pres- bytery of Manitoba be authorized to nominate five instead of two members of the board. Minutes 1876, page 74. — 1. That the college is in a hopeful position ; that it is entitled to the hearty support of the Church ; and that it should be maintained in efficiency in its various departments until the Govern- ment of the Province provide for higher education. H. That inasmuch as the college in its present stage demands all the time and energy of the professors, no pro- fessor should accept any public appointment without the consent of the college board. 3. That in order to relieve the home mission fund, a small committee be appointed by the Assembly to issue a circular to congregations, pointing out the necessity foi- the college, and the amount annually recjuired for its maintenance, and at the same time asking for a contribu- tion towards it. Also that the parent churches in Great Britain and Ireland be specially solicited to make grants towards the maintenance of the institution; and that the committee appointed to correspond with the colonial com- staire BY-LAWS, ETC., RELATING TO THE COLLEGES. 169 mittees of the parent churches be instnicted to present this case in their correspondence as strongly as possible. Mmtttes, 1876, page 75. — The Assembly resolved: — 1. That the salaries from all sources (inclusive of En- dowment Fund and Temporalities' Fund) received by each of these professors shall be $1,800 per annum. ^. That the board of management of Manitoba College be authorized to engage a tutor for the ensuing year, if necessary. Mhmtes, 1878, pacje 47. — 1. The Assembly express their settled conviction that the maintenance of Manitoba Col- lege and its increased eflSciency is of essential importance, not only to the interests of our Church in the North-West, but to the future welfare of that vast country. *i. The Assembly believe, from the success, which, through the blessing of God, has attended the institution in the past, and the prospects opening of increased use- fulness as well as the present state of its finances, that the time has come when an earnest effort should be made for its more thorough equipment. 3. To provide the rec^uisite buildings, apparatus, library and endowments, a sum of not less than $100,000 would be required. 4. The Assembly, believing that an obligation fairly rests upon the christian people of the mother country to share in the work of founding christian institutions in that vast territory, now being opened up to British civili- zation, resolve to appoint an agent, and hereby authorise and instruct such agent to present the claims of that field before the churches of Great Britain and Ireland, and especially to appeal to them on behalf of the fund now proposed to be raised for Manitoba College, with in- structions to report to next Assembly. 5. The Assembly hereby appoint the Rev. George Pat- terson, D.D., their agent for the purpose stated in the above resolution, and instruct the clerk to furnish hini H la 170 BY-LAWS, ETC., RELATING TO THE COLLEGES. with extracts of the foregoing resolutions anent Manitoba College, 0. The Assembly appoint the remuneration of the agent, above referred to, to be at the rate of $1,000 per annum, together with travelling expenses, to be paid out of the moneys raised under the foregoing resolutions. 7. The Assembly agrees to pay towards the support of Manitoba College for the cunent year, the sum of $2,000 from the fund of the western section, and $500 from that of the eastern section of the Home Mission Committee. THEOLOGICAL HALL, HALIFAX. Rules, Sc, of Procedure, Presbyterian Church of the Loiver Provinces, page 113. — 1. A committee is appointed by the Synod to superintend the theological hall, with power to transact any business which may require to be attended to in fulfilling the Synod's engagements in con- nection with Dalhousie College. This committee of which the professors are members ex officio, is called the board of superintendence, and reports annually to the Synod. Minutes, 187G, paye 76. — The General Assembly re- solved : — 1. That the length of the theological session be extended to six full months. H. That the bursary committee be merged in the board of superintendence. 3. That a senate be appointed for the theological hall of the Maritime Provinces. 4. That the Assembly permit the board to sell the buildings in Halifax and Truro, provided such step should have the approval of the Synod of the Maritime Pro- vinces. Minutes, 1878, jiacje 46. — 1. The Assembly authorize the committee of superintendence to obtain such legis- lation as may be necessary to have the name of " The Educational Board for the Presbyterian Church of the M BY-LAWS, ETC., RELATING TO THE COLLEGES. 171 Lower Provinces " changed, and to amalgamate the said board and the committee of superintendence. *4. The Assembly sanction an effort to increase the number of bursaries and scholarships by inducing con- gregations, sabbath -schools, and wealthy members of the church to found such. 3. The Assembly resolve to have a Principal for the theological hall, Halifax, and hereby appoint the Rev. Alexander McKnight, D.D., professor of systematic theo- logy, to be such Principal. COLLEGES GENERALLY. Minutes, 1876, page 66. — The General Assembly adopt ed the following regulations : — 1. It is expedient that the territorial principle should, for the present, be adopted in the scheme for sup[)orting the theological institutions of the church. H. The congregations in the Synod of the Maritime Provinces shall be the constituency for the support of the theological hall at Halifax. 3. The congregations in the Province of Quebec, and those in the Province of Ontario, on the east side of the St. Lawrence and Ottawa Railway, shall c^ o / ■/a Photographic Sciences Corporation 4 % <^ % >.>. ^^..1^ ^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (7)6) 872-4503 ^° & ^ 178 BY-LAWS, ETC., RELATING TO THE SCHEMES. 3. The foreign missiou board shall, in the meantime, be divided into two sections, one comprising the members in Ontario, Quebec and the North-West, and the other the members in the Maritime Provinces, each of these sections to have special charge of the missions now exist- ing in connection with the western and eastern portions of the church respectively, and such other missions as may hereafter, by the General Assembly, be assigned to any or either of them. The two sections of the board shall, during the year, hold at least one joint-meeting, and shall combine the reports of their operations in their respective sections, to be submitted, year by year, to the General Assembly. 4. The travelling expenses of members of the foreign mission board, in attending meetings of the board, with all other incidental charges connected with the transac- tion of the business entrusted to it, shall be defrayed f i oni the foreign mission fund. ■ '*'■'--.. ■'■-'- -',•'•1 ■' : ■,*■'" - ■,' BOARD OF FOREIGN MISSIONS. Book of Rules, due. Przshyterian Church of the Lower Provinces, page 119. — 1. To the board of foreign mis- sions, appointed annually by Synod, and subject to its control, shall be eiitrusted, with such directions and in- structions as may be given from time to time by the supreme court, the superintendence of the foreign mission- ary operations of the Church. ^ The board shall make to the supreme court an an- nual report of its proceedings, its condition and its needs, and shall submit for its approval such plans and measures as may be deemed necessary or useful. 3. To the board shall belong the duty, though not the exclusive right, of nominating to the supreme court, mis- sionaries and agents, and of designating fields of labour. To them shall belong the duty of adjusting the salaries and other expenses of missionaries, of giving directions to the secretary of the board, in reference to all matters of BY-LAWS, ETC., RELATING TO THE SCHEMES. l79 itime, nibers other these exist- )rtions ,s may to any I shall, d shall ptctive Jeneral foreign d, with j-ansac- ed f I om Lower gD mis- ; to its and in- by the mission- an an- ts needs, rieasures not the rt, mis- labour, salaries ctions to tters of business and correspondence entrusted to him, of prepar- ing for the synod estimates of all appropriations and ex- penditures of money, and of taking the particular direc- tion and oversight of the foreign missionary work, subject to the revision and control of the supreme court. 4. Applicants for employment in foreign mission work are required to jiresent testimonials of their piety, active habits, and fitness for missionar^^ labour, to converse with a sub-committee of the board, as to their views and mo- tives, and to undergo an examination by a competent physician as to the state of their health and adaptation for labour in the climates where they are to be employed. 5. The board are authorized not only to accept of offers of service made to them, but also to communicate with such students and preachers as, from good information, they may deem qualified for missionary work, to bring formally before them the claims and wants of the foreign mission field, and to invite them to engage in foreign service ; so that on obtaining the consent of the parties, the requisite measures maj^ be adopted for sending them abroad. Such an invitation, however, is not regarded as equivalent to an authoritative call requiring to be form- ally accepted or rejected. G. Foreign missionaries are required to keep a journal of their operations, to transmit, from time to time, such extracts as are fitted to show the progress of the work, and to promote the interest which the church at home takes in the missionary cause ; and to give, once a year, in sufficient time for the annual report in June, full accounts of their missionary operations, including number of church members, attendance at public worship) and at day schools, prayer-meetings and classes for religious instruc- tion, and, so far as practicable, of the spiritual state of the station. HOME MLSSION REGULATIONS. Minutes, 1870, pages 47, 48/ 49. — 1. There shall be a central committee for home missions, dividing itself into ^ 180 BY-LAWS, ETC., RELATING TO THE SCHEMES. two sections, the one embracing the Maritime Provinces and the other the rest of ^he Church. d. The Assembly shall appoint annually a home mission committee, consisting of forty-five members, of whom one third shall be from the Maritime Provinces and two- thirds froTU the rest of the church. Each of these committees shall constitute a sub-committee for the carrying on of mission work within its own territory. Each section shall bo empowered to act separately in conducting operations within its own territory. 3. The operations of the committee shall have respect to— (1) Mission stations which have been recommended by presbyteries and approved by the committee, shall be placed on the list of aid receiving stations, and mission statiojis directly under the care of the home mission committee ; provided always that no application for aid shall be entertained by the committee on behalf of .any station, unless the presbytery of the bounds shall have made arrangements with the people foi contril)uting, ac- cording to their ability, to the salary of the missionary; and the presbytery shall see to the implementing of sucli engagements. The committee shall make like arrange- ments in the case of stations directly under its care. (2) Mission stations reported by presbyteries, but not receiving aid. (3) Congregations not self-sustaining, but prepared to contribute at least $400 per annum, at the rate of at least $4.50 per communicant, and $7 per family, and in which, in the judgment of the presbytery, a pastor is desirable. Such congregations, having made ap^^lication to the pres- bytery of the bounds, and furnished satisfactory informa- tion in regard to their statistics, financial position and prospects, and having received the approval of the pres- bytery (which application and information shall also be laid before the sub-committee), may be placed on the list of congregations receiving supplement. Cases in which w BY-LAWS, ETC., RELATING TO THE SCHEMES. 181 ;if J the application of this rule appears to affect injuriously congregations now upon the list, or seeking to be placed on it, shall be reported to the General Assembly, and sup- plements granted to them only when its sanction has been given. 4. The system adopted hitherto in the different sec- tions of the Church — in the Maritime Provinces, of two funds, one for home missions proper, and another for sup- plementing the stipends of ministers in weak congre- gations, administered by two committees ; and in the western section of the Church, of one fun the sub- committee, and there shall be paid by the presb;y'tery and sub-committee conjointly for a licentiate or ordained min- ister a minimum of $8 per Sabbath with board ; for a student of divinity, during the summer, at the rate of $6 per Sabbath, with board and travelling expenses to the field of labour ; and for a catechist, of $5 per Sabbath, with board. 14. The amount of aid granted to any congregation receiving supplement shall in no case exceed the amount necessary to make the salary of the minister from all sources 1700. But the sub-committees are empowered to supplement, beyond that amount, the salaries of ordained ministers engaged in mission work in towns and cities. BY-LAWS, ETC., IIELATING TO THE SCHEMES. 183 15. The supplement of all aid-receiving congregations shall be calculated from the first day of the ecclesias- tical year, and presbyteries are instructed to make their reports accordingly — supplements being payable half- yearly. 10. Presbyteries are instructed, at an ordinary meet- ing previous to the first day of October in each year, to revise the list of mission stations and supplemented congregations, and make such changes as they may deem necessary, reporting the amended list to the sub-commit- tees. The list, thus amended, shall form the basis of the operations of the committee for the then current year. 17. Presbyteries are enjoined to furnish information to the sub-committees in accordance with the require- ments of the above scheme, and to co-operate with the committee. 18. All congregations and mission stations are enjoined to make an annual contribution in the western section of the church to the home mission fund ; and in the mari- time Provinces to the home mission fund and supple- mental fund. 19. The travelling expenses of members of committee shall be borne equally by the two funds, and the cost of all exploring and aggressive missionary work, undertaken and sanctioned by presbyteries, shall be defrayed out of the home mission fund. ' !30. In regard to arrears due by supplemented congre- gations to their ministers, the congi-egation shall be re- quired to report to the committee, through the presbytery in the form provided before the beginning of each eccle- siastical year, the amounts paid by them as stipends dur- ing the previous twelve months ; and in cases where the amount falls short of the stipend promised by them, power shall be given to suspend the payment of the supplements until the arrearages are liquidated. fii 184 BY-LAWS, ETC., RELATING TO THE SCHEMES. Mimites, 187 6, page 57. — The General Assembly resolved inter alia. The Assembly appreciate the important ser- vices rendered to the Church by the students missionary associations connected with our colleges ; and in order to secure the best results from their operations, desire pres- byteries to point out to the associations such fields within their bounds as may be taken up by the students with advantage. Minutes, 187G, page 58. — At least one joint meeting of the two sub-committees of the home mission committee shall be held in each year, in order to secure the co-oper- ation of the eastern section of the church in mission work in Manitoba, as well as to promote the general interests of the church's missions. Minutes, 1877, page 33. — The General Assembly re- solved in regard to Manitoba as follows : — (1) Require each station, or group of stations, here- after to guarantee a certain sum per annum for each Sabbath's supply according to the ability of the people. (2) Instruct tiie presbytery of Manitoba to forward before the 1st Octobei* in each year to the home mission committee a statement of the amount which each station has agreed to pay, and which, in the opinion of the pres- bytery, is an equitable sum to be contributed by each station. (3) Recommend the presbytery to take steps when a minimum contribution of $300 per annum from any field is reached, to have the congregation call a pastor in regu- lar form. Minutes, 1877, page 34. —In regard to the continuous supply of mission stations, this assembly — (1) Instruct presbyteries to aim at so grouping stations as to afford full employment for an active minis tei- ; a con- siderable portion of the salary being derived from the field in whicb he labours. w solved it ser- onary •dor to I pres- Arithin i with ting of inittee }-oper- 1 work terests bly re- ,, here- >r each |ople. brward [nission station le pres- each when a ny field n regu- tinuous tations acon- the om BY-LAWS, ETC., RELATING TO THE SCHt-MES. 18o (2) Recommend that the salaries of suitable mission- aries, accepting an engagement for more than one year, shall be on such a scale of remuneration as may be deemed appropriate by the home mission committee. (3) Suggest that an effort be made to secure the ser- vices of our young men, so soon as they have been licensed, for engagement in the mission fields for a term of not less than two years. (4) Permit presbyteries to ordain such missionaries, when it is deemed necessary with a view to labouring for such term in a particular field, and confer on them the full privilege of ministers of the church. (5) Commend to the consideration of the home mission committee the suggestion regarding the employment of lay agency, brought before the house — on the overture from the presbytery of Barrie. Note. — The overture referred to, so far as it relates to agency, is as follows : (1) That the whole home mission field be diviued into two distinct districts, to be known re- spectively as the ''the Near " and " the Remote." (2) That the former district be during tlie winter attached for supply of ordinances to the pastoral charges most contiguous or con- venient to said district ; that lay missionaries, capable of conducting religious services, be appointed temporarily from these charges to conduct worship on the Lord's d.ay within said mission district, giving their services gratuitously for that purpose, and that the carrying out of such arrange- ments be un ler the supervision of the several presbyteries. — See Minutes, 1877, page 19. The Assembly adopt the recojnmendation of the home mission committee regarding the congregations of St. Sylvester, Mille Isles, Farnham Centre, Proton, Camden, and Shefiield. Note. — The recoumiendatioii was as follows : — The com- mittee, at its last meeting, agreed to recommend to the Gene- ral Assemblj', as cases to be dealt with exceptionally, the following congregations, whose contributions are below the required minimum. — See Minnies app. 1877, page xxii. :s.r na u wmm 186 BY-LAWS, ETC., RELATING TO THE SCHEMES. The Assembly hereby empower the western sub-com- mittee to grant to weak congi'c^^ations in distant or desti- tute fields such aid as may in their judgment be necessary, although this aid may be in excess of the amount permit- ted by the rules which are laid down for the guidance of the committee, with instructions to report their action in all such cases to the General Assembly. Minutes 1878, page 30. — The General Assembly re- solved, inter alia, as follows : — The congregation in British Columbia under Mr. Jamie- son's care, is hereby instnif t^d to furnish reu'ularlv to the home mission connnittee a statement of its affairs, either through the pastor or through the presbytery of which he is a member. The existing arrangements regarding the payment of missionaries in Manitoba are continued, viz. : — That a salary of $900 and $700 be paid to married and unmar- ried missionaries respectively, irrespective of other sources of income. In regard to localities where assistance may be needed from the board of French evangelization and the home mission committee, arrangements should be made for a joint meeting of sub-committees of the board of French evangelization and the home mission committee, in order to secure the necessary co-operation. Pre-.byteries are recommended to use diligence in mak- ing a thorough investigation of every new application which may be presented to the home mission committee. The assembly express approval generally of the scheme for the continuous supply of mission stations for the west- ern stations, sanction action in accordance v/ith its pro- visions as far as practicable, under the approval of the committee, &lc. ; appoint the home mission committee of last General Assembly with the addition of * * * with instruction to perfect the same and report to the next Assembly. ^ re- leeded home for a rench order BY-LAWS, ETC., RELATING TO THE SCHEMES. 187 Canada Presbyterian Church Mlnuteft, 1873, page 5G. — The General As.seinbly, inter alia resolved, that all oi- dained missionaries of our church in the Province of Ma- nitoba and the ISorth-West territory, be recognized as members of the Piesbytery of Manitoba. That in case of conirreirations in which the members in full communion do not exceed one hundred, and in which the giving per communicant is S6, or over, the committee be authorised to recognize the exceptional liberality in the amount of supplement granted. That no supplement be granted to congi'egations which do not contribute to the schemes of the church. Canada Presbyterian Church Minutes, 1874, page 43. — That this Assembly approve of the action of the home mission committee, in passing a resolution " requiring the presbytery of Manitoba hereafter to refuse the resignation of any missionary, until the committee has been corres- ponded with, and time allowed to supply his place," since, under the circumstances, the committee could not have acted otherwise, as guardians of the home mission fund, and as having due regard to the proper working of the Manitoba mission. That the attention of the Assembly being called to the fact, that the presbytery of Manitoba have not trans- mitted their report on missions to the home mission com- mittee, and considering the large grants from the fund received by this presbytery, the home mission committee be authorized to secure compliance with the regulations conditional upon obtaining these grants, and to procure the necessary information before the next meeting of the committee. That the presbytery of Manitoba having taken steps to raise certain of their mission stations to the status of sup- plemented congregations, with power to call ministers, this Assembly approve of such efforts, and consider them deserving of encouragement, but that the above presby- tery be required, before sustaining a call to a minister in any of these congregations, to communicate with the **■ V i\ is ; 1 i. M 188 HV-LAWS, ETC., RBXATINO TO THK SCHEMES. II :;■ convener of the home mission committee, so that the amount of supplement to be given may l)e deci i,iM 106 BY-LAWS, ETC., RELATING TO THE SCHEMES. 'Ji M. byterian Church of Canada in connection with the Churh of Scotland." At a meeting of the said corporation duly convened and holden at the City of Montreal, on the 23rd day of May, in the year of our Lord 1860, at which meeting there are present, Thomas Paton, Esq., Reverend Dr. Cook, Rev. Dr. Urquhart, Rev. W. Snodgrass, John Thomson, Esq., John Greenshields, Esq., John Cameron, Esq., and Alexander Morris, Esq., members thereof, and in pursuance of the aforesaid powers ; Be it therefore enacted that the board for the manage- ment of the Temporalities' Fund of the Presbyterian Church of Canada in connection with the Church of Scotland, by virtue of and under the authority of the said act of the Parliament of Canada, 22 Vict. cap. QQ, and it is hereby enacted by authority of the same : 1. That the remaining trustees named in the second clause of the said act shall retire from the said board and cease to hold office therein in the following order, that is to say : Messieurs J. Cameron and Hugh Allan, laymen, and the Rev. Drs. Mathieson and Cook, ministers, shall retire on the third day of the meeting of Synod. ^. The chairman of the said board shall be elected annually by the members present at the first meeting of the said corporation duly convened and holden after the annual election of members of the said corporation by the said Synod, but if still a member shall hold office until his successor shall be elected. He shall countersign all cheques, and shall be and is authorized to receive all divi- dends and interest accruLig to the board from any of its stocks or securities, and to grant receipts and discharges therefor. 3. That an executive committee, consisting of three members, of whom the chairman shall be ex officio a member, be appointed annually by the said board at the said first meeting which shall be duly convened and holden after the rising of the said Synod, but shall hold office ! ' ! BY-LAWS, ETC., RELATING TO THE SCHEMES. 197 until their successors are appointed, the members thereof being eligible to re-election. That such committee shall have power and authority to carry out the instructions of the board in relation to the collection, investment, admin- istration, and management of the funds of the said cor- poration. Such committee shall alone have power to re- ceive, accept and execute transfers of bank or other stocks or debentures, or to execute acts, deeds and discharges, on behalf and in the name of the board ; but every such transfer, acceptance or other instrument must be signed and excuted by the chairman and the other two members of the said committee. Such committee shall in the first instance consist of Thomas Paton, Esq., Rev. Alexander Mathieson, D.D., and Hugh Allan, Esq. But in the absence or death of any member the board shall nominate a sub- stitute or successor. 4. Meetings of the board shall be held on the second Tuesday of the months of May and November in each year for the transaction of business ; and adjourned meet- ings may be held at such times as a quorum of the cor- poration shall direct. 5. The chairman, or in his absence the secretary, shall have power to call special meetings of the board when necessary, at such time and place, giving three days' no- tice thereof exclusive of the day on which such notice shall be dated and posted, as he shall appoint, and it shall be his duty to call such special meetings when any three members of the board shall request him in writing to do so, stating the object of such meeting. 6. In the absence of the chairman, a quorum of the members of the board present may appoint one of them- selves as chairman to preside at the meeting, and as such chairman shall for the purpose of such meeting be in- vested with the powers and authority of the chairman. The chairman or member of the board so presiding shall vote as a member of the board, and shall also, in case of an equality of votes have a casting vote. mi 198 JJY-LAWS, ETC., RELATING TO THE SCHEMES. Hi 7. No business shall be transacted or entered upon, at any ordinary meeting of the board, until the minutes of the preceding meeting have been read and approved of. 8. No change of the investments of the board nor sale of any portion thereof shall be made until the same be specifically authorized by a resolution of the board en- tered upon the minutes, and the board Fliall, from time to time, as occasion may arise, decide upon the alteration, exchange, or renewal of any of the investments of the board, and upon the description of bonds, stocks, or secu- rities in which any reinvestment thereof shall be made. 9. The officers of the board shall consist of a treasurer and secretary, and such number of clerks and subordinary officers as may, from time to time, be deemed necessary by the board, provided that the offices of secretary and treasurer may be united if deemed desirable by the board, and such officers shall and may, from time to time, be ap- pointed or removed by the resolution of the board ; and their salaries shall be determined by the board. 10. The executive committee shall have authority to direct the secretary and other officers of the board, in all matters necessary for the interest of the board, in the in- tervals between the meetings of the board, subject to the approval of the board at the next meeting. 11. The treasurer shall give security, to the satisfaction of the board, to such an amount and with such sureties, as to the board may seem fit, for the faithful discharge of the trust and duties of his office. He shall receive all moneys arising to the board from ordinary annual congre- gational or other collections, and shall deposit the same to the credit of the board, and in their name, in such bank or banks as the board shall, from time to time, determine by resolution. He shall sign cheques against the bank ac- count of the board for the payment of the stipends of ministers and other expenses of the board (which shall be countersigned by the chairman), and shall take receipts from all persons to whom he shall deliver cheques. He BY-LAWS, ETC., RELATING TO THE SCHEMES. 109 shall keep a regular set of books, containing the accounts of the board and of all its funds, which may pass through and come into his hands, and, whenever required by the board, shall furnish a detailed statement of all such ac- counts, and he shall make and deliver for the use of the board a complete settlement and balance of the books, and accounts of the board made up to such period in each year, as the board may reqi^ire. 13. The secretary shall carry on the correspondence of the board, and keep a minute book, and register of its proceedings. He shall lay before the board, at its semi- annual or other meetings, all communications received by him subsequent to each preceding meeting, and he shall in like manner submit a statement of all matters passing in his office during such period. He shall summon all meetings of the board wherever i equested to do so by the chairman, and in his absence, at the request of tnree mem- bers, and generally he shall discharge all such other duties as shall be imposed on him from time to time by resolution of the board. 13. It shall be the duty of the chairman and secretary- treasurer on receiving from presbytery clerks, lists of min- isters of their respective presbyteries, with the dates of their ordination and induction, to pay to the ministers who commuted £112 10s. per annum, to the ministers on the roll of the Synod at the time of the secularization of the clergy reserves, but who w^ere not allowed to commute £100 per annum, and to all others until such time as this board shall otherwise determine a minimum stipend of £50 a year, the whole in half-yearly payments, and also £500 a year to the treasurer for the time being of Queen's College, to be employed, as heretofore, in the payment of professors being ministers of the Church. 14. That any ministerc now entitled to the guaranteed stipend of £112 10s. per annum, or £100 or other allow- ance, and who from age or infirmity now are or shall from time to time be released from their respective charges by %i Li 200 BY-LAWS, ETC., RELATING TO THE SCHEMES. their respective presbyteries with the sanction of the Synod, duly signified by the clerk of Synod to this board, shall be entitled to receive the same, or such other allow- ance as shall be agreed upon with the Synod for life. tS. That the oiiginal funds arising from the said com- mutation, and which were constituted into one fund and amount to the sum of £127,000, shall be kept separate and distinct from any other funds which may come into the possession of the board, for any of the purposes of the board, and a separate account shall be kept thereof until it shall otherwise be ordered by the board, by a by-law to that effect; and further, that separate accounts be opened, first for congregational collections and secondly for annual or other subscriptions for the sustentation of the Church, the former to be designated as the " contin- gent fund," and the latter as the " home mission fund of the Church," which last mentioned fund shall be invested as a permanent fund. 10. That a list by name, residence and })resbytery of the several ministers who commuted their allowance and joined the same into one fund, and also a list in like man- ner of the ten surviving non-commuting ministers shall be prepared by the board, engi'ossed in one of the books of the board, and authenticated by the signatures of the chairman and secretary as of record, 17. That in the event of any minister departing this life who shall then be a beneficiary of the board, the widow of such deceased (or should he leave no widow, his child or children, if of full age, or their tutor or guardian,) shall be entitled to receive from the said board the current half-year's stipend, to which such minister would or might have become entitled as such beneficiary as aforesaid, and the receipt of such widow, child or children, tutor or guardian shall be a sufficient discharge therefor. 1 8. Travelling expenses of members of the board shall be paid by the board, BY-LAWS, ETC., RELATING TO THE SCHEMES. 201 At a meeting of the temporalities' board held in Mon- treal on the eighteenth day of NovemV)er, 18G3, it was unanimously resolved that the following be added to the by-laws of the board, and that it come into force this day:— That it shall be a condition of any minister other tlian those privileged by, or at the time of commutation, recei- ving £50 per annum from the fund at the disposal of the board, that he shall obtain from his congregation or otherwise, a subscription to the fund of fifty dollara per annum, and that in any case in which such subscription has not been sent, the chairman and secretary be author- ized to retain £25 of the allowance half-yearly. EXTRACTS FROM RESOLUTIONS OF THE BOARD. 14th November, 1865. Resolved, 1st — That ministers resigning their charges and employed by a presbytery as ordained missionaries shall not lose their place on the list of recipients from the board. 2nd. — That ministers or ordained missionaries while receiving £100 and over a year from the colonial committee shall not receive stipend from the board. The case of the application of Queen's College was taken up when the board agi^eed to record their under- standing : 1. That the commutation of stipend, whether made by ministers having charges, or being professors, having been personal, the stipend derived from it should con- tinue to be enjoyed by those who commuted while they continue in the service of the church, whether in charges or in the college. 2. In the event of there being commuting ministers in Queen's College whose stipends together amount to £500 per annum, no additional payment shall be made to the college by the board. " 202 BY-LAWS, ETC., RELATING TO THE SCHEMES. 3. In the event of there not being commuting miniR- ters in the college receiving salary from the board to the amount of £500 per annum, the board shall make up the deficiency. 8th May, 18G6. Resolved, — That no money bo paid out of the fund at the disposal of the board to any min- ister who teaches a school. In reference to this resolu- tion the Synod agreed in June, 1860, that " it is one which should be carried into effect subject to the Synod's deter- mination in each case." By-laws. . (I'asHed 2nd Feb., 1876.) At a meeting of the beneficiaries of the temporalities board, duly convened and held in St. Paul's Church, Montreal, on Wednesday the second day of February, 1876, in conformity with the provisions of the act of the Province of Quebec, 38 Vic. cap. 64, intituled an act to amend the act intituled " An act to incorporate the board for the management of the temporalities fund of the Presbyterian Church of Canada in connection with the Church of Scotland." The following by-laws were, under the authority of the said act, agreed to unanimously and passed : — 1. 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 be mailed 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 sec- retary of the board not later than forty days from the date of his intimation. Unless the nomination paper, duly dated and signed, be in possession of the secretary of the temporalities board within forty days from tlie BV-LAWS, ETC., RELATINi; TO THE SCHEMES, 203 time of issuing his intimation of said vacancy, sucli nomin- ation shall not bo taken into account. 3. The intimation by the secretary may be in the fol- lowing terms : — To the Rev. , Sir, A vacancy having occurred in the board of man- agement of the temporalities fund by the death [or resig- nation, 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 vacancy. You will please insert in the blank left for the purpose the name of the ])erson you wish to nominate, and take notice that your nomination will be of 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 of issuing this intimation. Dated Signed Secretary-Treasurer, Temporalities Board. 3. The nomination paper to be enclosed with the sec- retary's intimation may be in the following form : — I hereby nominate , to fill the vacancy in the bot d of management of the temporalities fund caused by the death [or resignation, removal or oth(3r- wise] of Dated at , Siguiature , In the Province of . this day of 18 4. In the event of there being two or more vacancies at the time, the secretary to the temporalities board shall issue a separate intimation and nomination paper for each such vacancy. t5. The secretary to the temporalities board shall open the nomination papers addressed to him, and in a book 204 BY-LAWS, ETC., RELATING TO THE SCHEMES. prepared and kept for the purpose, shall enter in the order in which the papers shall be opened the names and residences of the beneficiaries returning them, the dates of receipt, and the persons nominated. 6. The secretary shall, within ten days after the expiry of the forty days within which said nomination paj)ers must be filed, call a meeting of the executive committe'i of the board of management of the temporalities fund, and such meeting shall examine and verify the nomina- tion papers received by the secretary and the record of the same as made by him, and shall by resolution deter- mine and elect the person entitled to fill said vacancy, se - lecting the person or persons nominated by the largest number of beneficiaries, and such person or persons shall forthwith, and from the time of said resolution, be- come a member or members of said board ; always pro- vided that, in the event of a tie occurring between two or more persons nominated, the said executive committee shall report the fact, and all details connected therewith, to the board of management, who shall determine by resolution which of said two or more pe^-sons shall be chosen and elected members of said board. 7. At the first meeting of the board of management after the time for receiving nomination papers from the beneficiaries shall have expired, the secretary to the board shall report the result of the nominations, and the same, together with the election or elections by the board con- sequent thereon, shall form part of the minutes of the meeting. 8. The secretary to the board of management of the temporalities fund shall each year, and within twenty days after the meeting of the board in May, transmit by post to each beneficiary a statement of the financial affairs of the board, a schedule of the investments, an account of the revenue and expenditure, and of the payments to ministers during the then past year, together with the report of the proceedings of the board for the year, simi- BY-LAWS, Etc., RELATING TO THE SCHEMES. 205 lar to the statements and reports heretofore annually ren- dered by the board, and, specially, making mention of any changes that may have occurred in the membership of the board during the year preceding. 9. Messrs. James Mitchell and Alexander McPherson, both of the City of Montreal, are hereby appointed audi- tors of the books and affairs of the board for the manage- ment of the temporalities fund. 10. In the event of a vacancy in the audiiorship oc- curring from any cause, the vacancy shall be filled in the same manner as a vacancy occurring in the board of management for the temporalities fund. 11. The chairman of the temporalities board shall call a meeting of the beneficiaries, when requested to do so by a requisition signed by not less than ten of their number — which meeting shall be held not less than thirty nor more than forty days from tlie time of issuing notice of such meeting, and at such meeting and all other meetings of the beneficiaries, fifteen !?hall constitute a quorum, WIDOWS' AND ORPHANS' FUND. phsbytkrtan church of canada in connection weth the church of scotland. Section 1. — Meetings. 1. The quarterly meetl igs of the board shall be held on the first Wednesday in the months of August, November, February, and May at 10 o'clock in the forenoon. Inter- mediate meetings may be called by circular on the requi- sition of the chairman or any two members of the board, but two full days must intervene between the time of calling and of the meeting. SJ. That at each quarterly meeting the treasurer shall submit his books of account, and a statement of his re- 206 BY-LAWS, ETC., REI for the third year; but failing for four years, they shall forfeit all claims in connection with the fund. Provided always, that the committee may waive the forfeiture in special cases, and upon such terms as shall be just and equitable, having due respect to the interests of the fund. /J. The first day of November in each year shall be the period for the payment of the annual rate. In case of entrants into the ministry, who may desire to secure an interest in the fund previous to the 1st of November, im- mediately following their ordination and induction, they may be admitted on the following terms, viz. : — If their oidination or induction has been within six months of the 1st of November, they shall pay one-half rate ; if their ordiiiation or induction has taken place six months or more before the 1st of November, they shall pay a full rate for that year. In no case shall any have an interest in the fund until payment has been made. Ministers who shall not avail themselves of the benefits of the scheme within four years of their ordination, cannot be admitted afterwards. Provided always, that the com- mittee may, in special cases, admit entrants after such period of four years, upon such terms as shall be just and equitable, having due regard to the interests of the fund. 3. In the event of any minister ceasing tc labour as such in the cfipacity of pastor, professor, or missionary of this church, he shall no longer (except in the case of in- firmity or old age) have an interest in or right to the benefits of the fund ; always providing that one-half of the amount paid by him into the fund shall be returned. f i 214 BY-LAWS, ETC., RELATING TO THE SCHEMES. 4. Any minister who may have, according to the pro- vision of the foregoing regulation, ceased to have an in- terest in the fund, and have received back one-half of the amount paid by him to the fund, and who may again, on resuming his connection with the Church as pastor, pro- fessor, or missionary, desire to have an interest in the fund, may be admitted on repayment of the amount with- drawn, together with the amount of rates from the time he ceased to have an interest in the fund until again con- nected with it ; or he may be re-admitted at an advanced rate, on payment of the sum withdrawn only. The graduated scale of rates will only apply to those who shall hereafter become connected with the fund, and not to those now connected with it. 5. Each widow or orphan family shall receive their annuity half yearly, by equal instalments, on the 1st of May and 1st of November, their warrants in each case for drawing such annuity being the certificate of the presbytery clerk, or minister, or session clerk of the con- gregation to which they may belong. The claim of the widow or orphan family shall date fi'om the death of the husband or father, as the case may be ; the payment at the first time thereafter being a proportionate part there- of, to be computed from the date of such death. The annuity of every widow shall cease at the term next fol- lowing her death or marriage. The claim of each orphan child shall terminate at the completion of its fourteenth year. 6. Payment of annuities shall be made directly into the hands of annuitants, or of persons duly authorised to act for them, upon the production of the certificate of the presbytery or sessional clerk, in such manner as annuitants may desire. Children's annuities shall be payable to their natural, legal, or authorised guardians, only on the committee's being satisfied that such annuities will be administered with a due regard to the best interests of the children. BY-LAWS, KTl!., RELATING TO THE SCHEMES. 215 7. There shall be a treasurer appointed by the Synod, who shall give such security as the committee shall think proper, and who shall receive such remuneration as the conuuittee shall determine, ^whose duties shall be to re- ceive and manage the funds of the scheme, invest moneys, pay annuities, subject to the foregoing rules, and lay a full statement of his proceedings annually before the Synod. 8. A committee of management shall be appointed from year to year by the Synod, whose duties shall be to take a general superintendence of the scheme between the meetings of Synod, direct and aid the treasurer in the in- vestment of moneys, or in any other important busi- ness, examine his books and vouchers at the close of the year, and report thereon to the Synod. 9. Presbytery clerks shall be enjoined to forward annu- ally, on the 1st of January, to the treasurer of the fund, a list of all the ministers within their bounds, their con- dition, married or unmarried ; also the number and ages of their children, and all changes in their families made by births, marriages, or deaths. 10. The Synod to provide that the operations of the scheme be more particularly investigated once in live years, or oftener, should there appear any probability of an inroad on the capital by unlooked for emergencies, and to provide for the same should they occur. 11. In case any difterence or dispute shall arise in re- lation to the fund and its affair.': between the committee of management and its annuitants, or those claiming to be connected with them, the same shall be determined by arbitrators mutually chosen. l58. The proposed rates payable to widows and orphans were agreed to as follows, viz. : — That each widow having no children shall receive £35 per annum ; a widow with one child, £4^0 ; a widow with two children, £42 10s. ; a widow having three or more children, £45. A single orphan shall receive an annuity of £15 ; a family of two 216 BY-LAWS, ETC., RELATINQ TO THE SCHEMES. I J* , }' r orphans, £20 ; of three, £25 ; and of four or a greater number, £80. After the age of fourteen, the charge of the children shall not be considered as devolving any longer upon the fund. The annuity of the widow, how- ever, shall be for life, or until a second marriage ; but in no case, whatever may be the number of children, or their ages, shall the sum allotted to one family exceed £45. Maritime Provinces. Rules, iSsc., of Proceedure, Presbyterian Chnreh of the Lower Provinces, page \24i. — 1. The management of the fund shall be entrusted to a committee of eighteen, five of whom shall be a quorum, who shall elect their chairman, secretary and treasurer, and who shall be the trustees of the fund, in whose names all obligations shall be taken ; the said committee to be elected by Synod, which shall also fill up vacancies caused by death, resignation or otherwise. 2. The trustees shall meet once a year during the meet- ing of Synod, by announcement of the moderator from the chair, and at other times by notice from the chairman to each member, or by regular adjournment from one meet- ing to a specified date. 3. It shall be the duty of the secretary to keep a regu- lar minute book of all r^rjceedings of the trustees, and also a record book in wlr'ch shall be inscribed a correct record from the schedules forwarded to him, of the names and date of birth of all ministers contributing ; the names and dates of birth of their wives and children ; the names of widows and orphans in receipt of aid, and such other statistics as may be required, and he shall prepare an an- nual statement, to be submitted to Synod, of such changes as may have taken place during the year preceding, the statistics of the ministers contributing and their families, through admissions, marriages, births, deaths, or the like. 4. The treasurer shall every year prepare an account, to be laid before Synod, of the sums of money received and BY-LAWS, ETC., RELATING TO THE SCHEMES. 2l7 expendcid since his previous statement, and also a general statement of the funds and effects in the hands of the trustees. •5. Hereafter no minister shall be admissible to the benefits of the scheme unless he apply for the privilege at or previous to the second annual meeting of Synod after his ordination. 6. Each applicant shall be required to furnish the com- niittee, in writing, with a stntement of the date of his birth, and if married, of the date of his wife's birth, and also a statement of the names and dates of the birth of his children under 16 years ol age. 7. There shall be three classes of payments, and every person on becoming a member, shall signify which class he chooses ; and the choice being once made, he shall not afterwards have the power of rising to a higher class; but he shall at any time have the liberty of taking a lower class, it being understood that no part of the sum already paid or due by him can be returned or abated to him, and tl.at his widow or orphan children will thenceforth be en- titled only to the annuity of the class thus chosen by him. 8. Every person coming on the scheme shall pay an- nually, on or before the first July in each year, the fol- lowing sums according to the class which he intends to enter.— Class 1, $10 , class 2, $15 ; class 3, $20. And in case of all future applicants there shall be chargeable a marriage equalizing tax for every year exceeding five years that his age exceeds that of his wife : — Under 45. Class 1, $2. Class 2, $3. Class 3, $4. Under 60. " $4. " $6. " $8. Over 60. " $6. " $9. " $12. The same to be paid on every subsequent marriage except when he marries a widow already on the fund. In all cases in which members shall marry, they shall be bound to give the committee notice, in writing, and furnish a statement of the dates of their own birth and that of their wives. »ft^ -tT 218 BY-LAWS, ETC., RELATING TO THE SCHEMES. 9. Members not making payment of their annual rates on or before the first July in each year, shall be subject to the following fines: — Class 1, 12J cts.; class 2, 25 cts.; class 3, »37J cts., for each month thereafter till payment be made ; and those who neglect payment for four full yeais, shall from that period cease to be members, and shall for- feit all privileges coimected with the institution, and shall have no claim to the money they have paid into it. In- timation shall in all cases be sent to ministers in arrears, before they shall be cut off" from the benefits of the fund. 10. As soon as correct tables for the purpose can be ►prepared, members shall be entitled at any time to re- deem their annual rates payable for life by the payment of a single sum at once, or to commute them into an in- creased annual payment, to cease on their completing the 6()th or 65th year of their age. 11. The annuities for widows for the present shall be as follows : -Class 1, $60; class 2, $90; class 3, $120. But no widow shall be entitled to receive any annuit^^ from the fund until payment of the annual rates for six several years. But if she or her friends pay the whole in one sum, she shall be entitled to half annuity until the time she would have been entitled to full annuity, the amount thus advanced to be deducted from subsequent payments. , 12. Annuities to wddows shall be payable half-yearl}-, on the 1st January and 1st July of each year, commenc- ing at the first of these terms, which shall happen after the decease of their husbands, and ending at the last of said terms preceding the decease of the widow, or her subsequent marriage. 13. There shall also be payable to each orphan chiJJ of any member the following sums yearly, until such child shall reach the age of 16: — Class 1, $12; class 2, $16 ; class 3, $20. But if both parents be dead, then these amounts shall be doubled. BY-LAWS, ETC., RELATING TO THE SCHEMES. 219 14. The funds, so far as they are not required for im- mediate application or expenditure, shall be invested in security uj)on real estate, or in savings banks or govern- ment securities, or in any of the chartered banks of the Province, in the name of the trustees. 15. There shall be an investigation of the funds of the institution every seventh year, and a revision of the rates, wlien the amount of annuities to widows and orjdians may be increased or diminished, as the state of the funds will warrant, or the amount of the tmnual rates may be altered. But no alteration in these shall take place at any other time. The first investigation and revision shall take place in 1871. 16. No alteration in these rules shall be made after their final adoption, unless due notice be given, and the proposed alterations be submitted to a meeting of those present, and afterwards to Synod and approved by it. 17. All differences or disputes that may arise in re- gai-d to sums due shall be referred to arbitrators, of whom the trustees shall name and elect three, being persons not beneficially interested, either directly or indirectly, in the funds of the institution, whose nances shall be entered on their minute book, and they shall be called on to settle any such dispute as may arise, and whatever award shall be made by them, or the majority of them, shall be bind- ing and conclusive on all parties, and shall be final to all intents and purposes, and subject to no appeal to any court t^f law whatever. 18. In the event of any minister or professor ceasing to be a minister or professor of the Church by resignation, deprivation, or in any other way, it shall, nevertheless, be in his power to uphold and continue the right and in- terest of his widow and children to participate in the benefits of the ^und, l)y making regular payment of all sums payable under these regulations. 19. Every minister upon the fund shall be bound to furnish annually to the club a notice of the changes in his 220 BY-LAWS, ETC., RELATING TO THE SCHEMES. liP'r li family by birth, death, or marriage, which shall be duly entered in the record book. !20. The annuities payable to the widows and child- ren aforesaid, being intended as alimentary provisions, the same shall not be assignable, or subject to arrestment or other legal proceedings at the instance of creditors, but shall be paid only to the widows, and the tutors and guardians of the children, and in case the widow shall be under any legal or natural disability, or in case the child- ren shall have no tutors or guardians it shall be compe- tent for the trustees of the widows' fund, to name two dv more persons as trustees, to manage and apply the tinnvj tics in such manner as shall appear to them to be inobl foi the benefit of the widow or children. Presbyterian Church in Canada. Minutes 1878, jmge 33. — I. That one fund be created for the whole Church. S. That the terms of the act of the Province of Quebec, 38 Victoria, chapter 6., relating to the Ministers' Widows' and Orphans' Fund of the late Presbyterian Church of Canada in connection with the Church of Scotland, pro- viding that in the event of the amalgamation of that fund with the funds of the other'Churches that were parties to to the recent union, " no widow or orphan of a minister, who had formerly belonged to the Presbyterian Church of Canada, in connection with the Church of Scotland, shall receive less annuities from the fund of the united Church, than would have pertained to them in terms of the scale in force by this board at the date of union, if the said Churches had not united," be accepted, and an amalgamation of the four funds be effected. 3. That in addition to the revenue derived from the ca})ital sum formed by the uniting of the four funds pres- ently existing, the fund shall be maintained by an annual contribution from each minister and congregation, and m e duly 1 child- 3ns, the Lient or •rs, but rs and hall be 3 chihl- compe- two 01" I annu! ■ be iiiuiao created Quebec, Widows' urch of nd, pro- lat fund irties to imister, Church Gotland, ^, united erms of nion, if and an om the ds pres- annual on, aud n BY-LAWS, ETC., RELATING TO THE SCHEMES. 221 the interest of such donations and bequests as shall from tiu '^ to time accrue. 4. That the rate of ministerial contributions shall be as follows : Ministers at present connected with the funds in Ontario and Quebec shall continue to pay the same rates as hitherto, and those connected with the funds in the Maritime Provinces a uniform mte of eight dollars per annum. Ministers of this Church at present not connected with any fund, and any ministers who after this date shall be admitted to participate in the benefits of the fund, under thirty-five years of age, shall pay into the fund annually eight dollars ($8) ; such as are between thirty -five and forty years of age, ten dollars ($10) ; those who are be- tween forty and fifty years of age, shall pay twelve dol*- lars ($12) per annum. The application of any minister, over fifty years of age, to be admitted to the benefits of the fund, shall be made the subject of special consider- ation. 5. That the allowances to widows, from the common fund, be equal ; the case of the widows of the ministers formerly belonging to the Presbyterian Church of Canada in connection with the Church of Scotland, as already provided for, only excepted ; provided also that no widow at present receiving an annuity from any of the funds, nor the widows of any minister of the united church, who had formerly belonged to the Presbyterian Church of Canada in connection with the Church of Scotland, shall receive a less allowance than one hundred and fif tv dollars ($150) a year. 6. That the following be the scala of annuities pay- able to the widows and orphans : — Each widow shall re- ceive one hundred and fifty dollars ($150) per annum. If a widow have children, she shall receive in addition to her own annuity, for one child, twenty dollars ($20) per annum ; for two children thirty-six dollars ($36) per annum ; for three children fifty dollars ($50) per annum ; and ten dollars ($10) per annum for each additional child; 222 BY-LAWS, ETC., RELATING TO THE SCHEMES. f M n but she shall not receive anything from the fund for children over eighteen years of age. The claim of the widow shall date from the beginning of the half-year in which the death of her husband occurred, and the an- nuity shall cease at the end of the half-year following her death or re-marriage. In the event of her re-marriage the children's claims shall continue. 7. In the event of the decease'of both parents, if there be only on*^ or[)han, the board shall pay for the benefit of such orphan ne hundred and fifty dollars ($IoO) ; if there are two orphans twenty doUara ($20) shall be added to the allowance made for one ; if there are three or- phans, sixteen dollars ($16) more shall be paid on their behalf; and if there are four orphans, fourteen dollars ($14) shall be added to the allowance ; and ten dollars ($10) shall be given for each additional orphan ; but no allowance shall be made for children over eighteen years of age. 8. That on behalf of professors, foreign missionaries, missionaries under the French evangelization committee, ministers on the aged and infirm ministers' fund, and the agents of the church, the sum of eight dollars shall, in addition to the personal rate, after the amalgamation of the funds, be paid to this fund by the boards or com- mittees with which they are respectively connected. Min- isters, who have retired from active duty with permission of the church, and for whom no aid is sought from the fund for aged and infirm ministers, shall pay the sum of eight dollars annually, in addition to the rates previously paid by them. 9. Any minister withdrawing from the church shall continue to enjoy his rights in this fund, on condition of his paying annually, into the fund twelve dollars, in ad- dition to the rate previously paid by him. 10. That it be an instruction to presbyteries to use their utmost endeavours to secure that every minister, BY-LAWS, ETC., RELATING TO THE SCHEMES. 223 '!j'^".!!^i' inducted into a charge, shall become connect- ed with the fund. il, That any minister, wlio may at the time of his in- duction declme to join the fund, may be allowed to do so withm four years from the date of his induction, on con- dition of his contributing a sum equivalent to the total payments he should have made, provided he had connected himself with the fund at his induction, together with an addition of one dollar a year for each year he has declined to contribute to the fund after his induction. 12. The rates of payment may be revised once in every nve years. -^ 13. That an actuary be employed to examine the funds presently existing, and report as to the most equitable way in which the amalgamation can be effected, and that the treasurers of the several funds be instructed to fur- nish the data which such actuary may require PART VII. \v m JiSS M ill;' BASrS OF UNION, AND MISCELLANEOUS RESO- SOLUTIONS OF THE GENERAL ASSEMBLY. Basis of Union. The Presbyterian Church of Canada in connection with the Chnrch of Scotland, the Canada Presbyterian Church, the Church of the Maritime Provinces in connection with the Church of Scotland and the Pres- byterian Church of the Lower Provinces holding the same doctrine, government and discipline, believing that it would be for the glory of God and the advancement of the cause of Christ that they should thus unite and thus form one Presbyterian Church in the Dominion, indepen- dent of all other Churches in its jurisdiction, and under authority to Christ alone, the Head of His Church and Head over all things to the Church, agree to unite on the following Basis, to be subscribed by the Moderators of the respective Churches, in their name and on their behalf. 1. The Scriptures of the Old and New Testaments, be- ing the Word of God, are the only infallible rule of faith and manners. 2. The Westminster Confession of Faith shall form the subordinate standard of the Church ; the Larger and Shorter Catechisms shall be adopted by the Church, and appointed to be used for the instruction of the people : — it being distinctly understood that nothing contained in the afor3said Confession or Catechisms, regarding the power and duty of the Civil Magistrate, shall be held to sanction any principles or views inconsistent with full liberty of conscience in matters of religion. BASIS OF UNION, AND RESOLUTIONS. 225 3. The government and worship of this Church sliall be in accordance with the recognised principles and practice of Presbyterian Churches, as laid down generally in the " Form of Presbyterian Church Government," and in " The Directory for the Public Woi-ship of God." Accompanying Resolutions. Relations to other Churches. 1. This Church cherishes Christian affection towards the whole Church of God, and desires to hold fraternal inter- course with it in its several Branches, as opportunity offers. 2. This Church shall, under such terms and regulations as may from time to time be agreed on, receive ministers and probationers from other Churches, and especially from Churches holding the same doctrine, government, and discipline with itself. Modes of Worship. With regard to modes of worship, the practices pre- sently followed by congregations shall be allowed, and further action therewith shall be left to the legislation of the united Church. Funds for Widows and Orphans of Ministers. Steps shall be taken at the first meeting of the General Assembly of the united Church, for the equitable estab- lishment and administration of an efficient fund for the benefit of the widows and orphans of ministers. Collegiate Institutions. The aforesaid Churches shall enter into union "with the theological and literary institutions which they now have ; and application shall be made to Parliament for Iiw 226 BASIS OF UNION, AND RESOLUTIONS. such legislation as shall bring Queen's University and College, Knox College, the Presbyterian College, Mon- treal, Morrin College, and the Theological Hall at Halifax, into relations to the united Church similar to those which they now hold to their respective Churches, and to pre- serve their corporate existence, government and func- tions, on terms and conditions like those under which they now exist ; but the united Church shall not be re- quired to elect trustees for an Arts Department in any of the colleges above named. Legislation with regard to rights of Property. Such legislation shall be sought as shall preserve un- disturbed all rights of property now belonging to congre- gations and corporate bodies, and, at the same time, not interfere with freedom of action on the part of congrega- tions in the same locality desirous of uniting, or on the part of corporate bodies which may find it to be expe- dient to discontinue, wholly or partially, their separate existence. Home and Foreign Missions. The united Church shall, heartily take up and prose- cute the home and foreign missionary and benevolent operations of the several Churches, according to their respective claims ; and with regard to the practical work of the Church and the promotion of its schemes, whilst the General Assembly shall have the supervision and con- trol of all the work of the Church, yet the united Church, shall have due regard to such arrangements through Synods and local committees, as shall tend most efi'ectu- ally to unite in Christian love and sympathy the different sections of the Church, and at the same time to draw forth the resources and energies of the people in behalf of the work of Christ in the Dominion and throughout the world. BASIS OP UNION, AND RESOLUTIONS. 227 Oovernmeiit Grants to Denominational Collerjes. In the united Church the fullest forbearance shall be allowed as to any difference of opinion which may exist respecting the question of State establishments of a denominational character grants to educational General Assembly Act. Minutes 1877, page 221. — 1. The General Assembly shall consist of one-fourth of the whole number of minis- ters on the rolls of the several presbyteries with an equal number of acting elders. S. If the number on the roll of any presbytery be in- capable of division by four, then the fourth shall be reckoned the fourth of the next highest number divisible by four. 3. Each presbytery shall elect its representatives at an ordinary meeting held at least thirty days before the meeting of the General Assembly ; and in the event of any of these representatives resigning their commissions, or being unable to attend the Assembly, it shall be law- ful for the presbytery to elect others in their place at any subsequent meeting previous to the meeting of the Gene- ral Assembly. 4. Each presbytery clerk shall forward to the clerks of the General Assembly, so as to be in their hands at least eight days before its meeting, commissions in favour of the ministers and elders elected as representatives, and from such commissions the clerks shall prepare an interim roll, to be called at the opening of the Assembly ; which being amended, if necessary, shall be confirmed as the roll of the Assembly. 5. Any twenty-five of the commissioners of whom at least thirteen shall be ministers, being met on the day and at the place appointed, and shall be a quorum for the transaction of business. i 228 \**:: ? ) basis of union, and resolutions. The Barrier Act. Minutes 1877, pcig& 22. — 1. No proposed law or rule relative to matters of doctrine, discipline, government, or worship, shall become a peiTnanent enactment until the same has been submitted to presbyteries for consideration. Such consideration shall be given by each presbytery, at an ordinary meeting, or at a special meeting held for the purpose ; and an extract minute of the presbytery's judg- ment shall be sent to the clerks of the General Assembly before the next meeting of that court. 2. The Assembly, if it sees cause, may by a majority of two-thirds of those present, pass such proposed law or rule into an interim act, which shall possess the force of law until the presbyteries have, as herein required, re- ported their judgment upon it to the next General As- sembly. 3. If a majority of the presbyteries of the Church ex- press their approval, the Assembly may pass such pro- posed law or rule into a standing law of the Church. If a majority of the presbyteries express disapproval, the Assembly shall reject such proposed law or rule, or again remit it to the presbyteries. SYNODS. The Maritime Provinces Consists of the Presbyteries of Sydney, Victoria and Rich- mond, Pictou, Wallace, Truro, Halifax, Lunenburg and Yarmouth, St. John, N. B,, Miramichi, Prince Edward Island and Newfoundland. Montreal and Ottawa Consists of the presbyteries of Quebec, Montreal, Ottawa, Glengarry and Brock ville. ttawa, basis of union, and resolutions. Toronto and Kingston 229 Consists of the presbyteries of Kingvston, Peterhoroujjfb, Whitby, Lindsay, Toronto, Banie, Owen Sound, Saugeen and Guelph. Hamilton and London Consists of the Presbyteries of Hamilton, Paris, London* Chatham, Stratford, Bruce and Huron. Presbytery of Manitoba. Agency. Minutes 1876, page 45. — The General Assembly re- solved, that the services of Rev. W. Reid, M. A., and the Rev. P. G. McGregor, be retained in connection with the general work of the Church ; that the salary of each be $2,000 per annum ; and that a committee be appointed to define their respective duties. Minutes lH7G,page 77. — The General Assembly defined the duties of the agent for the westein section of the Church, as follows : — 1. He shall act as general agent and treasurer for the several schemes in the western section of the Church, with the exception of the French evangelization scheme. In this capacity it shall be his duty : (1) To prepare and issue notices and circulars as to the collections and con- tributions ordered by the Assembly, and correspond with defaulting congregations. (2) To receive and acknow- ledge all sums contributed for the schemes. (3) To make all payments for the home and foreign mission schemes, keep the accounts and prepare periodical statements as well as annual financial reports. (4) To manage the ministers widows' and orphans' fund, anl the fund for aged and infirm ministers, to make investments under the advice of the convener or joint-convener, to collect minis- ters' rates and receive interest. (5) To receive the pay- ments for the Assembly fund, and discharge all accounts 230 BASIS OF UNION, AND RESOLUTIONS. in the general business of the Church. (G) To attend to all necessary correspondence in connection with the financial and general business of the Church. 3. He shall act as secretary and treasurer of Knox College. As such, it shall be his duty to keep the min- utes of board meetings and meetings of senate, conduct necessary correspondence, carry out the instructions of the board of management, act as treasurer of the various funds of the college, and prepare annual statements. 3. As general agent, he shall attend to such other duties, too minute to be defined, connected with the business of the Church, as may require attention. Dr. Reid is hereby authorized to employ whatever as- sistance he may require in the discharge of the '^ove duties. ; -5 M pn The Assembly also defined the duties of the agent of the eastern section of the Church as follows : — 1. He shall act as secretary of the home and foreign mis- sion boards in the eastern section of the Church, and of the board of superintendence of the theological hall at Hali- fax. As such, he shall convene the boards, keep the min- utes, and conduct all correspondence connected with the same. Under home mission work shall be included the distribution of probationers. He shall also prepare and submit to the Assembly the annual reports of the boards. H. He shall act as ijjeneral treasurer for all the schemes* with the exception of the ministers' widows' and orphans fund, in the eavstern section of the Church. As such, it shall be his duty : — (1) To receive and administer all sums contributed to the schemes. (2) To take the gen- eral management of all the funds, make investments of the same, and collect interest. (3) To transact all the financial business of the schemes, make all payments con nected with the same, and prepare the annual accounts. (4) To transact all the business of the home fund for church building under the charge of the Synod of the BASIS OF UNION, AND RESOLUTIONS. 231 Maritime Provinces ; it being understood that that fund shall bear its due proportion with other funds of his sal- ary as agent. Clerks. Minutes 1870, p(ige 45. — The General Assembly re- solved : 1. That the Rev. William Reid, M.A.,and the Rev. Professor J. H. MeKerras, M.A. be joint clerks of the General Assembly, and that the salary of each be $250 per annum, exclusive of incidental expenses. /J. That in consideration of the long and faithful ser- vices of the Rev. W. Eraser, he be appointed one of the clerks of the General Assembly, with his former salary of $150 per annum. ^ , Funds. " Minutes 1877, page 34. — The General Assembly re- solved as follows : — In view of the want of funds, which at certain seasons occasions difficulty, the Assembly re- commend the treasurers of congregations to send to the general treasurers all moneys for any of the schemes as soon as they have been collected ; such congregations being expected to forward to the treasurers a report so soon as they have decided upon the allocation of the mo- ney to the several schemes of the Church. Minutes 1878, page 31. — Congregations collecting their contributions to the mission schemes by monthly or quarterly subscriptions, are recommended to send forward their contributions to the treasurei*s of the Church with- out unnecessary delay. Judicial Committee. Minutes 1878, page 15. — The Assembly unanimously resolved to appoint a committee, to be known as the " Judicial Committee," to consider all causes that come before the court, with power to hear parties and prepare findings, and with instructions to report, it being under- stood that members of the committee shall not take part ! MHHtMiiaiafliHMHlliilliUUb ""■"■^"•''"'""'" 232 BASIS OF UNION, AND RESOLUTIONS. Ul in any cause or causes in which, as parties, they have an interest. Note. — Mr. A. Farquharson, on behalf of the presbytery of Sydney, craved leave from the Assembly to have Mr. Thos. Sedgewick and Robert Murray, who, as members of the Synod of the Maritime Provinces, had dissented from the finding of the Synod complained of, associated with him in the conduct of the cause before the judicial committee, inasmuch as Dr. McLeod and Mr. D. Sutherland, the other representatives of that presbytery, were unable to be present. The leave craved was granted. A similar request from Mr. L. G. McNeill, the only member pre- sent of those who had been appointed to appear in this cause on behalf of the Synod of the Maritime Provinces, to have Dr. Waters associated with him in presenting the matter before the aforesaid committee, was granted. (See freshytery of Sydney vs. Syiiod of Maritime Provhices, M'ln- utes 1878, pa^es 18, 19.) Moderator. Minutes, 1876, page 79. — The General Assembly re- solved, as to the mode of electing a moderator, that it be by open nomination and vote of the General Assembly, with the understanding that presbyteries shall have the right to nominate. Minutes, 1876, page 79. — Tho Assembly resolved :— That the moderator tor the year shall, during his term of office, be ex officio, a member of all boards, or committees, with the exception of those boards, the number of whose members is prescribed by the Act of Parliament incor- porating them. Periodical. Minutes, 1876, page 45. — The General Assembly re- solved: — 1. That there be but one periodical for the whole church, to be called The Presbyterian Record. 2. That the same be published every month, in the City of Montreal, at the rate of twenty-five cents pei copy per annum, when taken in quantities. 3. That James Croil, Esq., be appointed editor, at an annual salary of $600 BASIS OF UNION, AND RESOLUTIONS. 233 and that a committee be appointed to arrange for the publication of the said periodical at the commencement of next year, said committee to be constituted as follows, viz., Dr. Jenkins, convener, et al. Questions and Formula for Office Bearers. Minutes, 1876, page 70 ; Adopted, Miimtes, 1878, page 3(j. 1. Questions to be put at ordination or induction : — (1) Do you believe the Scriptures of the Old and New- Testaments to be the Word of God, and the only infalli- ble rule of faith and manners ? (2) Do you believe the Westminster Confession of Faith, as adopted by this Church in the basis of union, to be founded on and agreeable to the Word of God, and in your teachings will you faithfully adhere thereto ? (3) Do you believe the government of this Church by Sessions; Presbyteries, Synods, and General Assend)lies, to be founded on and agreeable to the Word of God, and do you engage as a minister of this Church to maintain and defend the same ? (4) Do you own the purity of worship at present au- thorized by this Church, and will you conform thereto ? (5) Do you promise to give a dutiful attendance in the courts of this Church, to submit yourself in the spirit of meekness to the admonitions of this presbytery, to be subject to it and the superior judicatories, to follow no divisive course, but maintain, according to your power, the unity and })eace of the Church ? (G) Are zeal for the glory of God, love to the Lord Jesus Clirist, and desire of saving souls, so far as you know your own heart ; your great motive: «nd cliief inducements to enter the office of the ministry ? (7) Have you directly or indirectly used any undue means to procure this call ? m !'|! ;.'i I I m 234 BASIS OF UNION, AND RESOLUTIONS. J. i (8) Do you engage, in the strength and grace of our Lord Jesus Christ, to live a holy and circumspect life, to rule well your own house, and faithfully and diligently to discharge all the duties of the ministry to the edifi- cation of the body of Christ ? 2. Questions to be put to Candidates for License to preach the Gospel. Numbers 1, 2, 3, 4, as above. (5.) Do you engage, in the strength and grace of our Lord Jesus Christ, to live a holy and circumspect life, and faithfully to preach the Gospel, as you may have oppor- tunity ? (6.) Do you promise to submit yourself in the Lord to the several judicatories of this Church ? 3. Questions to be put to Elders before Ordination. Numbers 1, 2, 3, 4 (omitting " in your teaching" in No. 2 ; and substituting in No. 3, " Ruling Elder " for " Minister "). (5) In accepting the office of Elder, do you engage, in the strength and grace of the Lord Jesus Christ, faith- fully and diligently to perform the duties thereof ; watch- ing over the flock of which you are called to be an over- seer, and in all things showing yourself to be a pattern of good works ? 4. Questions to be put to Deacons before Ordination. Numbers 1, 2, 3, 4 {mutatis 'mutandis). (5) In accepting the ofiice of Deacon, do you engage in the strength and grace of our Lord Jesus Christ, faith- fully and diligently to perform the duties thereof ? BASIS OF UNION, AND RESOLUTIONS. 235 Formula to be signed by all Office Bearers. " I hereby declare that I believe the Westminster Con- fession of Faith, as adopted by this Church in the basis of U'lion, and the government of the Church by Sessions, Presbyteries, Synods and General Assemblies, to be founded on and agreeable to the Word of God ; that I own the purity of worship at present authorized by this Church ; and that I engage to adhere faithfully to the doctrine of the said Confession, to maintain and defend the said government, to conform to the said worship, and to submit to the discipline of this Church, and to follow no divisive course from the present order established therein." Retired Ministers. Minutes 1878, page 35. — The General Assembly re- solved as follows : — The names of ministers who have re- ceived leave from the Asseml )ly to retire shall be retained on the roll of their presbyteries, with the understanding that they have liberty to take part in the deliberation of the court, but not to vote. Records of Church Courts, Regulations Anent. Minutes, IH76, page 72. — 1. The pages shall be num- bered in words at length as well as in figures. *4. Every page shall be signed by the clerk, and the re- cord of each sederunt by the moderator and clerk. In case of the death or removal of the moderator or clerk, the re- cord shall afterwards be signed by the then acting moder- tor or clerk, cum nota of the cause, in the presence of the court. 3. The time and place of meeting shall be minutely stated in words. 4. Every page shall have a suitable margin, on which the items of business recorded shall be indexed, 236 BASIS OF UNION, AND RESOLUTIONS. 5. The place and date of each meeting shall be shortly indicated on the margin at the top of the page. 6. Church courts shall take special care that their re- cords are carefully and correctly written. All erasures or other (changes in the record shall be noted on the margin with the initials of the clerk's name. T. All sums of money shall be given in words as well as in figures. 8. No unnecessary vacant spaces shall be left between the minutes of sederunts. Standing Orders. Mimites, 1876, page 72. — 1. Reports of ordinations, in- ductions, licensures, deaths, demissions, suspensions, de- positions of ministers, and of the erection or dissolution of congregations within the respective Synods, shall be sent up by clerks of these courts so as to be in the hands of the clerk of the Assembly at least eight days before the Assembly meets. A large portion of the second sederunt, and such portion of other diets as the moderator of Assembly may think proper, shall be spent in devotional services. /i. There shall be a standing committee on business, consisting of the clerks of the Assembly, together with those of Synods and pi-esbyteries, who may be commis- sioners, who shall arrange all such business as may be re- quisite previous to the first diet of the annual meeting of the Assembly. This committee, together with fifteen members to be appointed by the Assembly, shall constitute the committee on bills and overtures. The Assembly clerks shall be joint-conveners of those committees. 3. After thearrangement of businesshas been reported by the committee of bills and overtures, and sanctioned by the Assembly, the clerks of the Assembly shall cause a docket of business to be printed, for the information of members. 4, AU papers shall be transmitted to one of the clerks BASIS OF UNION, AND RESOLUTIONS. 237 3 shortly their re- asures or 3 margin s as well between itions, in- sions, de- alution of ,11 be sent ids of the lefore the :h portion ay think business, -her with commis- ly be re- leeting of h fifteen constitute )ly clerks ported by ed by the a docket members, he clerks \'( of Assembly at least eight days before the meeting of As- sembly, and all such papers shall pass through tlie com- mittee of bills and overtures before presentation to the Assembly. 5. In order that all documents coming before the Assembly may be preserved in a form convenient for refer- ence, reports, overtures, references, appeals, extracts of minutes, and all other matters whatsoever, intended to be submitted to the Assembly, shall be written on foolscap paper, with margin sufficient to admit of their being bound in volumes. For the sake of securing fully the ends of justice, parties who have causes to bring before the As- sembly, are recommended to print copies of the same in numbers sufficient for the use of members, and in shape suitable for binding along with the printed minutes of Assembly. 6. The conveners of standing committees shall give in their annual reports to the committee of bills and over- tures, if possible, not later than the second sederunt of the meeting of the Assembly. If these are in printed form they shall be in a shape suitable for binding along with the printed minutes of the Assembly. 7. The Assembly shall appoint a committee, of not less than two from each synod, and not more than four from any one synod, to nominate members for the standing committees of the Assembly. Dr. Willis. Canada Presbyterian Church Minnies , 1870, jiage 38. — The General Assembly resolved — That the recommenda- tion of the board as to the retiring allowance to Principal Willis, be adopted, and that the amount be $1,200 per annum. Canada Presbyterian Church Minutes, 1873, page 72. — The General Assembly resolved — That the retiring al- lowance of the Rev. Dr. Willis be paid, for the future, in : i 1^ i: 1 ! 238 RASIS OF UNION, AND RESOLUTIONS. the following manner, viz.: $400 from the aged and in- firm ministers' fund, and the balance of $800, from the funds of Knox and Montreal colleges in the proportion of the ordinary revenue of the respective colleges, the revenue of the preceding year being always taken as the basis of apportionment. Canada Presbyterian Church Minutes, 1873, jpage 54. — The Assembly ordered, that the Aged and Infirm Min- isters' Fund be relieved of the amount of $400 ordered by last Assembly to be paid to Principal Willis, and that this sum be charged to the fund for Knox College. Minutes, 1877, page 36. — The Assembly authorized such portion of Dr. Willis' retiring allowance to be paid from the fund for aged and infirm ministers as he would be entitled to were he a minister retiring from a pastoral charge in the ordinary way. /.*' and in- Tom the ortion of revenue basis of "page 54. rm Min- dered by that this ized such lid from would be pastoral INDEX. ^ INDEX. ^^"Xtni^^m ^'"''^"'' ^'""^' R-'g"l»tio'«, 173 .: in Lower Pro- ^'^tZlttZl^r^':- °""»"'''"' Eastern Section, 230 ; in Assembly— See General Assembly. Barrier Act, 228. Basis of Union, 224. Bequests, to Congregations, 15, 19, 3], 109 ; to Knox Collec^e 59 • to Manitoba College, 71 ; to Montreal College, C7 • to Queen's College, 63; to Presbyterian Church, 7, 15, 19 31 tomd ows' Fund, Church of Scotland, 76 > '''' "^^ > to Wid- Births,^registry of, to be kept in Ontario, 125 ; Acts of, in Quebec. Bo:r1 o1 ItZ^l'^i^g'^^^^'^'^^^^^^ '' ' —hanged, 100 Burial, Acts of, 139. Church Records, Regulations as to Civil Status, Acts of, 134; Rectification of, 139; Acts of Birth 137 ; Burial, 139 ; Marriage, 137. ' Clerks of Assembly appointed, 231. Colleges, Board of Examiners, 165 ; Halifax TheolnaiVai w„ii Board of ,100 ; Resolution.'of AssembfyVs to, m fi^ lege, Act Incorporating, 58; By-laws, 159; Decoration of PHn ciples, 158 ; Manitoba College, Act Incorporating, 70 ; By-Ws' 166 ; Resolutions of Assembly as to, 168 ; Montrea College' do es 1 fir%^'^*f "J^ ^^ ' ?y.-l^^«' 164 ; Declaration of PrL! ciples 163 ; Resolutions of Assembly as to. 164 • Morrin Col lege, Act Incorporating, 61 ; Queen's College ChirterToAci S'af'to 'll?'*T '^ r' ^^-'T'^ ''' f BesoluSonfof it sembly as to, 158 ; Trustees, mode of electing, 43, 52 • Uni- Sly'm' ' ^-«^-^i-« «f Assembly ^'to the ciUeges 242 INDEX. Congregational Property, Manit(jba, 121 ; Nova Scotia, 112, 120 ; Ontario, 103, 1 10 ; Leasing of, in Manitoba, 122 ; in Ontario, 104 ; Mortgaging of, in Manitoba, 122 ; in Ontario, 103 ; Sale by Trustees in Manitoba, 123 ; in Nova Scotia, 115 ; in Ontario, 104 ; Sale, mortgage or lease to be with consent of Presbytery, 3. Congregations, bequests to, 15, 19, 31, 109 ; Power to vary consti- tutions, or trusts on which property held, 2, 9, 17, 27, 30 ; Supplements to, 191. Deaths, returns of, for registration purposes in Ontario, 125, 128. Declaration of principles, Knox College, 168 ; Montreal College, 1 63. Distribution of Probationers, 193. Education, Board of. Act incorporating, 95 ; name changed, 100. Examiners, Board of, 105. Foreign Missions, regulations as to, 177 ; in Maritime Provinces, 178. Formula, to be signed by office-bearers, 235. French Evangelization, regulations as to, 175 ; Resolutions of As- sembly as to, 1 76. Funds, Resolutions as to, 231. General Assembly, Act, 227 ; Clerks of, 231 ; Judicial Committee of, 231 ; Moderator, Election of, 232 ; to be a member of all committees, 232 ; Resolutions of, as to Funds, 231 ; Periodical, 232 ; Retired Ministers, 235 ; Retiring allowance to Dr. Willis, 237 ; Standing Orders of, 236. Halifax Theological Hall, resolutions as to, 170 ; Principal appoint- ed, 171 . Home Missions, regulations as to, 179 ; in Maritime Provinces, 188 ; resolutions of Assembly as to, 184 ; Canada Presbyterian Church Assembly, resolutions as to, 187. Judicial Committee, 231. i^ -^^ ,ov .1. Knox College, Act incorporating, 58 ; Board of Examiners, 165 ; By-laws of, 159 ; Declaration of Principles, 158. Lower Provinces, Presbyterian Church, Act at Union of, 37 ; Widows' Fund of, Act incorporating, 83 ; regulations as to, 216. Manitoba Union Act 29 ; College Act, 70 ; Congregational pro- perty, 121. Manitoba College, Act incorporating, 70 ; By-laws, 166 . INDEX. 243 Marriage, Acts of, in Quebec, 137 ; Register of, to be kept in On- tario, 125 ; Keturns to be made for Registration purposes, 125 ; in New Brunswick, VA'A ; in Nova Scotia, 131 ; Solemnization of, in New Brunswick, 132 ; in Nova Scotia, 130 ; in Ontario, 128 ; in Quebec, 140. Meeting Houses, Assessment for repairs of, in Nova Scotia, 120. Moderator of Assembly, election of, 232 ; to be a member of all Committees, 232. Montreal College, Act incorporating, GO ; liy-laws of, 104 ; Declar- ation of Principles, 163 ; Resolutions of Assembly, as to, 104. Morrin College, Act Incorporating, 61. New Brunswick, Union at, 16 ; Solemnization of Marriage in, 132. Nova Scotia, Union Act, 22, 26 ; Board of Education Act, 95 ; Board of Presbyterian College, Halifax, 100 ; Presbyterian Church of the Lower Provinces, Union Act, 37 ; Solemnization of Marriage in, 131. Office-bearers, Questions to be put to, 233 ; Formula to be signed by, 235. Ontario, Union Act, 1 ; Births, registry of, to be kept, 125 ; Con- gregational property in, 103, 110 ; Leasing such property, 104; Mortgaging, 103 ; Sale of, 105 ; Consent of Presbytery to be obtained, 3 ; Deaths, returns to be made, 125, 128 ; Marriage Register to be kept, 125 ; Queen's College, Act amending Charter, 51 ; Registration returns, 125, 128 ; Religious Insti- tutions Act, 103, 110. Periodical, Resolution of Assembly as to, 232. Presbyterian Church in Canada, Union Act, Manitob", 29 ; New Brunswick, 16 ; Nova Scotia, 22, 25 ; Ontario, 1 ; Prince Ed- ward Island, 19 ; Quebec, 8 ; Aged and Infirm Ministers Fund resolutions, 173 ; Foreign Missions, 177 ; French Evangeliza- tion, 175 ; Probationers, 193 ; Widows' Fund, 212. Presbyterian Church of Canada, in connection with the Church of Scotland, Temporalities Board Incorporated, 84 ; Act amended, 89, 91 ; Widows Fund Incorporated, 75 ; Act amended, 79 ; Right of certain Ministers to Temporalities Fund reservec , 92. Presbyterian College, Montreal. See Montreal College. Prince Edward Island Union Act, 19. Probationers, Regulations as to, 193, 194. Quebec, Union Act, 8 ; Temporalities' Board Act amended, 89, 91 ; Widows' Fund Act amended, 79 ; Civil Status, Acts of, 134 ; Ministers to keep Registers of Civil Status, 10 ; Rectification of Acts and Registers, 139 ; Birth, Acts of, 137 ; Burial, 139 ; Marriage, 137, 140. II r 244 INDEX. I*' rt i Queen's College, Charter of, 40 ; Act amending, 61 ; Statutes or By-laws of, 141 ; Trustees, how elected, 52. Records of Church Courts, regulations as to, 236. Registers of Births, Marriages and Deaths to be kept in Ontario, 126, 128. Religious Institutions' Act, Ontario, 103, 110. Religious Congregations, Nova Scotia, 112. Retired Ministers, Standing of, 235. Sale of Congregational Property in Manitoba, 123 ; in Nova Scotia, 115; in Ontario, 3, 106 ; Consent of Presbytery to be obtained, o. Schemes of the Church, Aged and Tnfirm Ministers' Fund, 173; Foreign Missions, 177 ; French Evangelization, 176 ; Home Missions, 179; Widows' and Orphans' Fund, 212. Standing Orders, 23G. Synods, Division into, 228. Temporalities' Board, incorporated, 84 ; Act amended, 89, 91 ; By- laws, 195, 201, 202 ; Managers, how elected, 87, 93. Temporalities Fund, rights of certain ministers in, preserved, 6, 13, 92 ; to become fund of united church, C, 14, 92. Trust deeds, variation of, 2, 9, 27 ; in Ontario, 110. Trustees, appointment of where no provision in deed, 10, 21, 23, 106. Union Acts, Manitoba, 29 ; New Brunswick, 16 ; Nova Scotia, 22, 26 ; Ontario, 1 ; Prince Edward Island, 19 ; Quebec, 8 ; of Canada Presbyterian Church, 32 ; Presbyterian Church of the Lower Provinces, 37. Widows' and Orphans' Fund, Canada Presbyterian Church, 212; Presbyterian Church in Canada, regulations as to, 220 ; Pres- byterian Church of Canada in connection with the Church of Scotland, Act incorporating, 75 ; Act amending, 79 ; By-laws, 205 ; managers of, how felected, 77, 80 ; Presbyterian Church of the Lower Provinces, Act incorporating, 83 ; By-laws, 216. Willis, Rev. Dr. , retiring allowance of, 237. ';!