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How congregations not forming parishes may

for churches, schools, &c.

mission or religious congregation, and the rector, missionary, or religious teachers, church-wardens, trustees or other administrators, had taken for themselves and their successors in office, to the end that by such names they might hold and possess such lands forever, and institute and defend all actions at law necessary for the conservation of their rights therein. C. S. L. C., c. 19, s. 1 § 2; 38 V. c. 33, s. 1.

3445. Whenever any parish, mission, congregation or society of Christians, of any denomination whatsoever, not being a parish recognized by the civil law of the Province, is desirous of acquire lands acquiring lands for the sites of churches, chapels, meetinghouses, cemeteries, dwelling houses for their priests, ministers, ecclesiastics, or religious teachers, and school-houses, and the appurtenances thereunto necessary for the said several purposes, such parish, mission, congregation or society of Christians may appoint one or more trustees, to whom and to whose successors, to be appointed in the manner set forth in the deed of grant, concession or conveyance, the lands necesssary for each and every of the purposes aforesaid may be conveyed; and such trustees and their successors forever, by the name by which they and the congregation on whose behalf they act, are designated in such deed of grant, concession or conveyance, may acquire by purchase, donation, exchange, or as a legacy, and hold and possess, the lands so acquired, and may institute and defend all actions at law, for the conservation of such lands and of their rights therein. C. S. L. C., c. 19, s, 2 § 1.

powers.

Successors of 3416. The successors of such trustees appointed in the trustees first manner provided in such deed of grant, concession or conappointed to have the same veyance as aforesaid, or in the manner provided at a meeting of the congregation or society held in the manner and within the period prescribed by the act 19-20 Victoria, chapter 103, shall have the same rights and powers as if appointed in such deed of grant, concession or conveyance. C. S. L. C., c, 19. s. 2 § 2.

Copy of record duly certified to be prima facie

evidence of

its contents.

In the case of

provisions

concerning

trustees to extend to

rector and

3447. A copy of the record of the proceedings of such meeting, certified by the notary in whose office a copy of such record certified by the chairman and secretary of the meeting was deposited by acte de dépôt, in the manner prescribed by the act last mentioned, shall be primâ facieevidence of the contents of such record. C. S. L. C., c. 19, s. 2 § 3.

3448. In every case wherein a parish established by law is a parish, the concerned, the foregoing provisions concerning trustees shall extend to the rector and church-wardens of such parish; and, whenever any such religious congregation is thereafter constituted a parish, in the manner by law provided, the church-war- property of all lands, so acquired as aforesaid, shall be vested in such parish, and the administration and control thereof shall pass from the trustees aforesaid into the hands of the fabrique or rector of such parish, or of the other person, persons, or body to whom the same should pass, according to the rules and

dens.

regulations of the church to which such parish belongs. C. S. L. C., c. 19, s. 2 § 4.

tion within a

3449. Where any congregation or society of Christians held Property of property, as aforesaid, within any parish established by law on any congregathe nineteenth day of March, one thousand eight hundred parish not to and thirty-nine, the property so held by such congregation or be vest in society of Christians shall not be vested in such parish, but the be under conparish, bat to administration and control thereof shall remain with the said trol of the trustees of such congregation or society of Christians, to be congregation. held in mortmain for ever, for the benefit of such congregation or society of Christians, as aforesaid. C. S. L. C., c. 19, s. 2 § 5.

within two

3450. Such trustees, or such rectors and church-wardens, Provisions shall, within two years after they have acquired such lands, concerning registration, conform to the provisions of articles 3443 and 3444 concerning &c.. to be the registration to be made with regard to such lands at conformed to the office of the prothonotary, such registration being made in the office of the prothonotary of the Superior Court, in the district in which the lands lie, and for which registration the prothonotaries of the several districts, respectively, shall be entitled to a fee not exceeding five cents for every hundred words.

years.

held in cities

2. The quantity of land so acquired for the purposes Extent of aforesaid, within the walls of the cities of Quebec and Mont- land to be real, respectively, shall not, in the whole, exceed one arpent, of Quebec and (whereof no part shall be used as a cemetery, excepting for Montreal. ecclesiastics and religious persons of either sex, or for private vaults for the donors of the grounds,) and outside of the walls but within the limits of the said cities, shall not exceed eight arpents in superficies; and the quantity of land so held in any other place for the use of each parish, mission, congregation, In other or religious society, shall not exceed two hundred English places. acres. C. S. L. C., c. 19, s. 3 §§ 1 and 2.

3451. Nothing in this chapter contained shall extend or Section not to apply to any parish, rectory or parsonage, lawfully erected and extend to constituted or which may hereafter be lawfully erected and Dishes, &c., constituted, according to the establishment of the Church of England. England. C. S. L. C., c. 19, s. 3 § 3.

3452. Nothing in this chapter contained shall weaken, dimin- Not to affect ish, extinguish or affect the rights or privileges of Her Ma- Her Majesty's rights, &c. jesty, or of any seignior, or of any person or body politic or corporate whatever, except such rights as are hereby expressly altered or affected. C. S. L. C., c. 19, s. 4.

SECTION II.

CEMETERIES HELD BY RELIGIOUS CONGREGATIONS.

3453. Any parish, mission, congregation or society of Chris- Lands acquir tians, not being a parish recognized by law, may acquire in any

ed under

of this title, may be held subject to

sec. 1 of ch. 3 of the ways indicated by the preceding section, and hold and possess as thereby provided any lands for cemeteries, subject to any trust express or implied touching the same, in favor of certain trusts. any persons or classes of persons not being of such parish, mission, congregation or society; and all trusts created or indicated so to be, by any deed, grant, concession or conveyance of created to be such lands for cemeteries to any such parish, mission, congregation or society, shall be held validly to affect the same, and shall have due effect given to the same accordingly. 32 V., c. 49, s. 1.

Such trusts heretofore

valid.

Provisions to allow the exchange of

cemeteries for other Jands

3454. Whenever, on application of any such parish, mission, congregation or society, after two months' notice first duly given in French and English, in the Quebec Official Gazette and in some one or more newspapers published in or as near as may be to the district wherein such lands are situated, it shall be made to appear to the satisfaction of the LieutenantGovernor in Council, that an exchange of other land for any land held for burial purposes by such parish, mission, congregation or society, is, on any public ground, desirable, the Lieutenant-Governor in Council may authorize such exchange, subject to all conditions and restrictions which may be deemed advisable, whether as to removal of bodies interred or otherwise; and such parish, mission, congregation or society may thereupon make the exchange so authorized, and do all other acts thereto requisite or pertinent, whether for removal of bodies interred or otherwise, subject always to such conditions and restrictions, and to all charges and liabilities thence resulting. 32 V., c. 49, s. 2.

SECTION IIL

How successors of trustees to religious societies shall be appointed, in certain cases.

APPOINTMENT OF SUCCESSORS TO TRUSTEES OF LANDS HELD
IN THE NAME OF RELIGIOUS CONGREGATIONS.

3455. It shall be lawful for any congregation or society of Christians, 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 appointing successors being set forth in the deed of grant, concession or conveyance of such lands, at any time 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 from among the members of the religious denomination on whose behalf such lands were originally granted, conveyed or conceded. 27-28 V., 53, s. 1.

3456. A record of the proceedings of the meeting shall be Record of made out in writing, and entered and transcribed in the minute proceedings. book or other official register of the acts and proceedings of such society or congregation, 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, certified 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 registration division in which the property is situated, and 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 Certified copy by the registrar of the registration division wherein the same to be prima shall have been registered, according to this section, shall be facie proof. prima facie evidence of the contents thereof. 27-28 V., c. 53 s. 2.

termination

of meeting.

3457. Such determination shall, in every such case, have Effect of dethe 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 trustees named, would have and no more. 27-28 V., c. 53, s. 3.

CHAPTER FOURTH.

INTERMENTS AND DISINTERMENTS.

SECTION I.

INTERMENTS.

§1.-Interpretative Provisions.

3458. The term "local municipality " employed in this sec- "Local tion means, in addition to the local municipalities existing munici under the authority of the Municipal Code, the municipality of any city or town incorporated by special act. 51-52 V., c. 48, s. 18.

$2.-General Provisions.

pality."

3459. Under a penalty of twenty dollars, upon every per- Interments son in any way concerned or assisting, or taking part in, or not to take being knowingly present at such interment, no deceased person twenty-four place till shall be interred until after the expiration of twenty-four hours hours after at the least from the death of such person.

death.

observed.

2. This article shall not interfere with the observance of any Regulations regulation made in this behalf by any Board of Health in pur- of Board of suance of section second of chapter third of title seventh of Health, to be these Revised Statutes, respecting special provisions in cases of epidemic and the by-laws of the Provincial Board of Health concerning the preservation of the public health. 51-52 V., c. 48, s. 1.

Interment of
Raman Ca-

tholics regu

lated by religious authority.

Burials in

3460. It belongs solely to the Roman Catholic ecclesiastical authority to designate the place in the cemetery, in which each individual of such faith shall be buried; and if the deceased, according to the canon rules and laws, in the judgment of the ordinary, cannot be interred in ground consecrated by the liturgical prayers of such religion, he shall receive civil burial, in ground reserved for that purpose and adjacent to the cemetery. 39 V., c. 19, s. 1; 51-52 V., c. 48, s. 2.

§3.-Regulations for Interments.

3461. In every interment in a church, the coffin shall be churches, &c. covered by at least four feet of earth, or encased in masonry of at least eighteen inches in thickness, if in stone, or of at least twenty inches in thickness, if in brick; both brick and stone having been well covered with cement. 51-52 V., c. 48, s. 3.

Disinfectants required in certain cases.

Disinfectants required.

Conveyance of bodies prohibited.

Separate graves.

Burials in private vaults.

Proclamation in certain

cases of

bringing of

3462. In every interment in a church, the use of disinfectants in the coffin is required. 51-52 V., c. 48, s. 4.

3463. In all cases of death from small pox, asiatic cholera, typhus, typhoid fever, scarlet fever, diphtheria, glanders or measles, the use of disinfectants in the coffin is also required. 51-52 V., c. 48, s. 5.

3464. The body of no person, who has died from any of the diseases mentioned in the preceding article, shall be conveyed from one parish to another, unless it be enclosed in a metallic coffin hermetically sealed, and filled with disinfectants. 51-52 V., c. 48, s. 6.

3465. The bodies of all persons who have died of any of the diseases specified in article 3463 shall be laid in separate graves, and covered with at least four feet of earth, and shall not be deposited in any vault, or buried in any church. 51-52 V., c. 48, s. 7.

3466. No interment is allowed in private vaults, unless the coffin be deposited in a grave and covered with four feet of earth, or incased in masonry of at least eighteen inches in thickness, if in stone; or at least twenty inches in thickness, if in brick; both brick and stone being well covered with cement.. whatever the disease may have been. 51-52 V., c. 48, s. 8.

3467. When typhus, asiatic cholera, small pox, typhoid fever, scarlet fever, diphtheria or measles are epidemic, it shall epidemic pro- be lawful for the Provincial Board of Health or the Local Board hibiting the of Health by their president or secretary, or the mayor of any municipality after being authorized by the Provincial Board of Health after having obtained for such purpose the written consent of the local or diocesan ecclesiastical authority, to prohibit by proclamation, during a fixed period specified in the proclamation, the bodies of persons who have died from any of such

bodies into

churches.

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