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Les diagrammes suivants illustrent la m6thode. errata to pelure, )n d n 32X 1 2 3 ^' ■ t :\ t S 4 5 6 AN ACT ^5 TO incorporate: Ml THE CHURCH SOCIETIES OF THE ffiliiitcTj €:f)uvcf) of HixfllanU auH Jfrelauo, IN THE DIOCESES OF aUEBEC AND TORONTO. €OBOURG : PRINTED AT THE DIOCESAN PRESS. MDCCCXLIV. PROCLAMATION. Province of ) Canada, j C. T. METCALFE. VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Qveex, Defender of the Faith, &c. kc. &c. To all to whom these presents shall come, or whom the same may concern — Greeting : Whereas at a Session of the Pailiament of Our Pro- vince of Canada, holden at Kingston, in Our said Pro- vince, on the twenty-eighth day of September, one thousand eight hundred and forty-three, and prorogued on the ninth day of December then next ensuing, in the seventh year of Our Reign, a certain Bill, intituled, ''^/j Act to Incorporate the Church Societies of the United Church of England and Ireland^ in the Dioceses- of Quebec and Toronto,'" was passed in the Legislative Council and Assembly, and was, at the prorogation of the said Session, on the ninth day of December afore- said, presented to tha Right Honourable Sir Charles Theophilus Metcalfe, Our Governor General of Our said Province, for Our Assent thereto, who, in pursuance of the authority vested in him by a certain Act of the Parliament of Great Britain and Ireland, passed in the Session held in the third and fourth years of Our Reign, intituled, "^w Act to re-unite the Pro- vinces of Upper and Lower Canada, and for the Gov- ernment of Canada,* and according to his discretion then and there declared that he reserved the aforesaid Bill for the signification of Our l*!caMire tlicreon : Now Know Yi;, that the aforesaid Bill, intituled, " An Act to Iiictn^porate the Church Societies of the United Church of Eiii^hnid and Ireland in the Dioceses of Quebec and Toronto,'* fiaving been laid bcibre Us in Council, on the twenty-third day of May now last past, VVk IIavk been pleased to Assent to the same; and \Vi: Uo by these presents, and according to the provisions of the said Act of Pailianient of (Jrcat Bri- tain and Ireland, passed in the said Session held in the third and fourth years of Our Reign, Assent to the said Bill, of which all Our loving subjects will lake notice, and govern themselves accordingly. In Testimony wuKRKor, We have caused these our Letters to be made Patent, and the Great Seal of Our said Province of Canada to be hereunto affixed: Witnesj^, Our Right Trusty and Well Beloved The Right Honourable Sir Charles Theophilus Metcalfe, Baronet, G. C. B., one of Our Most Honourable Privy Council, Gover- nor General of British North America, and Cap- tain General and Governor in Chief, in and over our Provinces of Canada, Nova Scotia, New Brunswick, and the Island of Prince Edward, and Vice Admiral of the same, &c. &c. &c. : at our Government House, in Our City of Montreal, in Our said Province of Canada, this Twenty-seventh day of June, in the year of 0»ir Lord, one thou- sand eight hundred and forty-four, and in the eighth year of Our Reign. C. T. M. By, Command, D..DALY, Secreianj. AN ACT To Incorporate the Church Societies of the United Church of England and Ireland^ in the Dioceses of Quebec and Toronto. Whereas it has been represented to the Legislature of this Province, that certain persons liereinafter named, and divers others, inhabitants of Lower Canada, and also certain other persons hereinafter named, and divers others inhabitants of Upper Canada, have respectively established themselves togc the* under a Constitution, Rules and Regulations, and have contributed, or en- gaged to contribute considerable sums of money, and have given or granted, or promised to give or grant, lands or real estate for the following objects, that is to say: — First, for the encouragement and support of Missionaries and Clergvmen of the United Church of England and Ireland, severally within the Dioceses of Quebec and Toronto, and for creating a fund towards the augmentation of the Stipends of poor Clergymen, and towards making a provision for those who may be incapacitated by age or infirmity, and for the widows and orphans of the Clergy of the said Church, respec- tively, in the said Dioceses ; Secondly, for the encou- ragement of education and the support of Day Schools and Sunday Schools in the said Dioceses, respectively, in conformity with the principles of the said Church ; A* 6 Thirdly, for granting assistance, where it may be ne- cessary, to those who may be preparing for the Minis- try of tlie Gospel in the said Church within tlie said Dioceses, respectively; Fourthly, for circulating in the said Dioceses, respectively, the Holy Scriptures, the Book of Common Prayer of the said Church, and such other IJooks and Tracts as shall be approved by the several Central Boards or Managing Committees of the said Associations; Fifthly, for obtaining and granting aid towards the erection, endowment and maintenance of Churciies according to tlie esta! Msh- mcnt of the said Church in the said Dioceses, res- pectively, the creation and maintenance of Parsonage Houses, the setting apart of Burial Grounds and Church-Yards, the endowment and support of Par- conages and Rectories according to the said establish- ment, and the management of all matters relating to such endowments : And whereas it would tend greatly to facilitate and promote the purposes of the said As- sociations that they should severally be incorporated and empowered to hold property in mortmain without letters of license, and to manage, administer, alienate or dispose of the same, for the uses and purposes aforesaid, and to make and enforce rules and regula- tions, respectively, for the government of the said Associations, severally, and for better attaining the purposes aforesaid : Be it therefore enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Trovince of Canada, constituted and assembled by virtue of and under the authority of an Act pnssed in the Parliament of Great Britain and Ireland, intituled, An Act to re-nuife the Provinces of Upper and Lower Canada^ and for the Government of Canada^ and it is herehy enaeted by the authority of the same, that the Lord Uishoj) of \\\q said Diocese of Quebec, the Lord IJishop of Montreal, or the Bishop administering the said Diocese for \\\i time being, and William Smith, Andrew W. Cochran, Henry Jessop, Henry J. Noad, John llacoy, James IL Kerr, David Burnet, W. H. Leaycraft, J»)hn 'SI. Fraser, the Ucvcrend C. L. F. Ilaensel, (leorge Hall, James Bolton, the Reverend George Mackie, the Reverend Edward Cusack, Robert Symes, the Reverend Edmund W. Sewell, William Price, Noah Freer, Edward Howen, John G. Irvine, Hammond Gowen, ^ir James Stuart, Baronet, Matthew Bell, William Phillips, Henry Le- Mesurier, Junior, Edward L. Montizambert, Thomas Trigge, Peter Patterson, George B. Hall, James Turn- bull, W^illiam Stevenson, James B. Forsyth, Alexander D. Bell, Janjes Dyke, William Bowes, R. M. Harrison, H. S. Dalkin, Edward Boxer, Archibald Campbell, Charles Secretan, James McKenzie, E. P. Woolrich, George H. Parke, Samuel McCaulay, James J. Loundes, G. Newton, Charles Secretan, Thomas Glover, Robert Daikers, H. W. Welch, and such other persons as are now Members of the said Association of the Diocese of Quebec, according to the existing Constitution, RuUsand Regulations thereof, and their successors, to be elected in the manner hereinafter provided, and such other persons as shall from time to time hereafter be elected to be Members of the said Association in 8 ■ i !' 1 w the manner hereinafter provided, shall be and are hereby declared to be a Body Corporate and Politic, in name and in dted, by the name of "The Church Society of the Diocese of Quebec," and that the Lord Bishop 01 Toronto, tlie Venerable George Okill Stuart, Robert Simpson Jameson, Levius Peter Sherwood, James B. Macaulay, Jonas Jones, Christopher Alex- ander Hagcrman, Peter Boyle De Blaquiere, William Henry Draper, John Simcoe Macaulay, James Gordon, John Boulton, John Solomon Cartwright, D'Arcy Boulton, Malilon Burvvell, John 1]. Askin, Thomas Mercer Jones, Frederick VVidder, William B. Jarvis, Henry Iluttan, Joseph Wells, Walter Boswell, Zac- cheus Btirnham, T. A. Stewart, William Dickson, James Kerbv. William Allan, George Crookshank, 11. C. Wilkins, Philip Vankoughnet, Gerrard Lloyd, J6hn Macaulay, Sir Allan Napier Macnab, Guy C. Wood, George Salmon, Henry Sherwood, and such other persons as are now Members of the said Asso- ciation of the Diocese of Toronto, according to the existing Constitution, Rules and Regulations thereof, and their successors, to be elected in the manner here- inafter provided, and such other persons as shall from time to time hereafter be elected to be Members of the said Association in the manner hereinafter provided, shall be and are hereby declared to be a Body Corpo- rate and Politic in name and in deed, by the name of " The Church Society of the Diocese of Toronto," and that by the same names the said Associations shall have each perpetual succession and a Common Seal, with power to change, alter, break, or make new i ' 9 the same, as often as they shall judge expedient, and that they and their successors by the same names, re- spectively, may sue and be sued, implead and be im- pleaded, answer and be answered unto, in any Court of Record, or other place of Judicature within this Province ; and tliat they, and their successors, by the names aforesaid, shall be able and capable in law, re- spectively, to purchase, take, have, hold, receive, enjoy, possess and retain, without license, in mortmain, or Letires d^Amortissement, all messuages, lands, tene- ments, and immovable property, money, goods, chat- tels, and movable property, which have oeen or here- after shall be paid, given, granted, purchased, appro- priated, devised or bequeathed in any manner or way whatsoever, to, for, and in favour of the said Church Societies, respectively, to and for the uses and pur- poses aforesaid or any of them, and to do, perform and execute all and every lawful act and thing useful and necessary for the purposes aforesaid, in as full and ample a manner, to all intents, constructions and purposes as any other Body Politic or Corporate by law may or ought to do. II. And be it enacted, that all lands, messuages,., tenements, hereditaments, or immovable property, and all rents, sum and sums of money, charged upon and issuing or payable out of an}' lands, messuages, tene- ments, hereditaments, or immovable property, as afore- said, and all sums of money, goods, chattels, effects, or movable property, which have been or shall here- after be paid, given, granted, purchased, app^^opriated, devised^ or beq^ueathed in any manner or way what-^ 10 soever, to, for, or in favour of the said Corporations, respectively, to and for the uses and purposes afore- said, shall be and the same are hereby vested in the said Corporations, respectively, to and for the uses and purposes aforesaid, in such manner and form, and subject to sucli by-laws, rules and regulations, as may be made and passed by the said Corporations, respec- tively, concerning the same, in the manner hereinafter provided: And that the said Corporations or the Cen- tral Boards thereof, or such other Executive and Ma- naging Comniittess thereof as shall from time to time be appointed and authorized for this purpose by the by-laws, rules and regulations, which may be made and passed in the manner hereinafter mentioned, for the government of the said Corporations, shall, respec- tively, have power and authority to alienate or ex- change ; and to demise, let and lease for any terms of years, such messuages, lands, tenements, heredita- ments, and immovable property as shall be so as afore- said given, granted, purchased, appropriated, devised, or bequeathed to the said Corporations, respectively, for all or any of the purposes aforesaid, and to have, receive, and take the purchase money, consideration or price, rents, issues or profits thereof: Provided al- ways, that the said Corporations or Central Boards thereof, or such other Executive or Managing Com- mittees, as aforesaid, shall, respectively, have, receive, take and hold such purchase money, consideration, or price, rents, issues or profits, for the uses and purposes hereinbefore mentioned and set forth, or some or on© of them, and for none oth^r, 11 III. And be it enacted, that the said Corporations, and their successors, shall and may respectively, from time to time, hold assemblies and meetings of the said Corporations, which shall be called together in such manner and at such times and places as shall be di- rected and appointed by the by-laws, rules and regula- tions of the same, to transact the business of the said Corporations, and shall and may at any such meeting elect such persons to be Members of the said Corpo- rations, respectively, as they or the major part of them then present shall think fit : Provided always, that no act done in any such assembly or meeting of the said Corporations shall be valid or effectual, unless six per- sons of such Corporations, at the least, shall be pre- sent, and the major part of them consenting thereto. IV. And be it enacted, that the said Corporations, or the major part of those who shall be present at any of the m.eetings of the said Corporations to be held in manner aforesaid, shall and may, respectively make and ordain any constitution, by-laws, rules and regu- lations, whatsoever, which to them or the major part of them then present, not being fewer in number than six, as aforesaid, shall seem meet, reasonable or requi- site, touching and concerning the well ordering and governing of the affairs and business of the said Cor- porations and the due administering and improving the property thereof, and the more effectually promo- ting the purposes thereof, as aforesaid, and siich con- stitution, by-laws, rules and regulations in like manner from time to time to abrogate, repeal, change or alter as may be found expedient, which constitution, by- t i\ 12 laws, rules and regulations, shall be binding upon and shall be observed, performed and kept by the Mem- bers of the said Corporations, respectively : Provided always that the same shall not be rf>pugnant or corh- trary to the aforesaid purposes of such Corporations, or to the laws in force in this Province. V. Provided always nevertheless, and be it enacted, that no such constitution, by-law, rule or regulation, of either of the said Church Societies of the Dioceses of Quebec and Toronto, nor any abrogation, repeal, change or alteration of the same, shall be of any force or effect until it shall have been Sanctioned and Con- firmed by the Bishop of or administering such Diocese for the time being, by Writing under His Hand. VI. And be it enacted, that nothing herein con- tained shall affect or be construed to affect in any manner or way the rights of Her Majesty, Her Heirs or Successors, or of any person or persons, or of any Body Politic or Corporate, such only excepted as are hereinbefore mentioned and provided for. VII. And be it enacted, that this Act shall be deemed a Public Act, and shall be judicially taken notice of as such by all Judges, Justices of the Peace, and other persons whatsoever, without being specially pleaded.