or formed out of the territory of the former parish of NotreDame de Montréal, or which may hereafter be so, are and shall be composed of the old and new church-wardens and of the persons elected in conformity with the decree of the ordinary to constitute the board or body of the fabrique, provided that in Proviso as to no case can the church-wardens so elected, or the fabrique so consent of paconstituted, oblige or bind the parishioners to the payment of required for debts contracted by the said church-wardens or fabrique, certain without the previous consent of the parishioners, declared at a general meeting of the parishes, duly convened after eight days'

notice.

rishioners

purposes.

2. Such meetings are convened by notice from the pulpit on Convocation the Sunday preceding that on which the meeting is to be held, of meetings. and they shall take place at the time and in the place mentioned in the notice. 50 V., c. 24, s. 3.

term "

3394. Under the name of parish, for the purposes of this What comsubsection, are comprised the national parishes erected under prised under the preceding subsection or to be erected within the limits of rish." the old parish of Notre-Dame de Montréal. 50 V., c. 24, s. 4.

ра

3395. Nothing contained in this subsection shall have the Limits of effect of modifying in any manner the limits of the city of Montreal and Montreal and the various other municipalities in which such palities not parishes are situated. 50 V., c. 24, s. 6.

other munici

affected.

SECTION III.

CONSTRUCTION AND REPAIR OF CHURCHES, PARSONAGES, AND

CEMETERIES.

§1.- Election of Trustees for that purpose.

of trustees

3396. Whenever any order or decree has been made by the Meeting for ecclesiastical authorities, for the location, construction, altera- appointment tion, removal or repair of any parish church or chapel, or chapel for the ereeof ease, or sacristy, parsonage house, or cemetery, as above men- tion of parish tioned, the majority of the inhabitants, being freeholders, inter- church, &c. ested in such construction or repairs, may apply, by petition to the commissioners, praying that a meeting of the inhabitants of such parish or mission be called for the purpose of proceeding to the election of three or more trustees to carry the said decree into effect.

The commissioners may thereupon authorize such meeting Permission to and election, by an order to that effect. C. S. L. C., c. 18, s. 16. hold meeting.

election of

3397. By virtue of such order of the commissioners, the Notice of rector (curé) or the priest having the spiritual care of the parish meeting for or mission, and performing the duties of rector therein, shall trustees. call, by the sound of the bell, and after notice given from the pulpit during two consecutive Sundays, a general meeting of the inhabitants, being freeholders, of the parish or mission,

Who may be trustees.

Resignation of trustees.

Revocation of the ecclesias tical decree.

Discontinua

tion of proceedings. Costs.

and preside thereat; and, at such meeting trustees shall be elected by a majority of votes; of all which a record shall be made in due form. C. S. L. C., c. 18, s. 17.

§ 2. Qualification, Powers and Duties of Trustees.

3398. The trustees, so elected, shall be freeholders resident in the parish or mission for which they are elected, and shall be bound to accept the said office and to perform the duties thereof, unless exempted by the commissioners for reasons sufficient in law to exempt any person from being appointed to the office of tutor; all such reasons shall be offered within eight days from the day of the election; but the fact of his having five or more children shall not be a valid reason to exempt any person so elected from serving as trustee.

2. It shall be always lawful for each of the trustees to resign his office, provided it be with the consent of the bishop; and in such case the person resigning shall be replaced in the manner specified by articles 3396 and 3397. C. S. L. C. c. 18, s. 18; 38 V., c. 28, s. 2.

3399. Whenever, by ecclesiastical authority, an order or decree has been rendered:

For the location, construction, change or removal, or the repair of any parish church or chapel, or church or chapel of ease, parsonage house, or cemetery, at any time after the majority of the inhabitants being freeholders, interested in such construction or repair, have, by petition, applied to the commissioners, praying for the assembly of the inhabitants of the parish or mission, with the view of proceeding to the election of three or more trustees, for the purpose of executing the said decree,

or

Whenever the commissioners have by ordinance allowed such meeting and the election prayed for, or

Whenever the said election has been held according to law, or that the same has been approved by the commissioners, or

Whenever the trustees have prepared an act of assessment and have had the same approved by the commissioners,

It shall be lawful for the said ecclesiastical authority on the demand of the majority of the inhabitants, being freeholders, to revoke the said decree; and in such case, the trustees, so appointed to carry the same into execution, shall discontinue all proceedings in virtue thereof, but the costs incurred relative to the appointment of the said trustees, and those by the latter lawfully incurred, shall be levied on the proprietors of lands possessed by persons professing the Roman Catholic faith, in the proportion of the value of their said lands, established in the valuation roll made for municipal purposes, and shall be collected by the resigning trustees. 38 V., c. 28, s 1.

Election to be 3400. The trustees, or a majority of the trustees, so elected,

ers.

shall, before they enter on the duties of their office, present a confirmed by petition to the commissioners, praying that their election be commissionconfirmed, and that they be authorized to assess the proprietors Powers of of lands and other immoveable property, situate within the trustees to be parish or mission for which they have been elected, and to levy commissiondefined by the the amount of the sum assessed on each individual for his ers. portion of the contribution, as well for the purpose of effecting the construction and repairs which may be in question, as of meeting the expenses thereby occasioned and deemed necessary by the said commissioners.

ers after giving notice.

After having caused the act of election to be published in the Power of the said parish or mission, and given public notice, to the inhabitants commissioninterested, of the day on which the commissioners will take the act of election and the petition of the trustees into consideration, in order that the opposants, if any, may be heard, the commissioners may hear, examine and decide upon the allegations and prayer of such petition, and may grant or refuse the said prayer altogether or in part. C. S. L. C., c., 18. s. 19.

erect, how

3401. Should a majority of the parishioners, at the same or Public hall, any other time, present a petition praying for permission to permission to erect a public hall or any other edifice, in conformity with this obtained. chapter, the commissioners may accede to the prayer of the said petitioners, provided that such building be erected upon land belonging to the fabrique, and not elsewhere. C. S. L. C., c. 18, s. 20 § 4.

3402. The trustees elected for any locality, in virtue of this Trustees to be chapter, are known and designated under the name of "trustees a corporation. for the parish or mission of (adding the name of the locality)," Corporate and under that name are a body politic and corporate, and a majority of them form a quorum for the transaction of busi

ness.

name and quorum.

2. At their first meeting they elect a chairman, who is styled Election of "The chairman of the trustees for the parish or mission of his duties,

chairman,

&c.

Any services to be made upon the said trustees shall be made Services upon the chairman.

upon.

All proceedings of the trustees certified by the chairman are Proceedings deemed authentic, and besides his vote as trustee he has a authentic. casting vote, in case of an equal division of votes. C. S. L. C., Casting vote. c. 18, s. 21 § 2.

3403. In case, after their election, the trustees neglect, Trustees may during any period exceeding one year,

1. To have their election confirmed;

be removed

in certain cases, and

2. Or, their election being confirmed, to prepare an act of how.

assessment;

3. Or, the act of assessment having been completed, to obtain the homologation thereof;

In each of these cases, a majority of the inhabitants of the locality interested, entitled to vote at the election of trustees. may, by petition, apply to the commissoners for the diocese in

Proceeding

on the appli

cation for their remcval.

Security for

costs.

accrued, &c.

which the said locality is situated, for the removal of the said trustees. C. S. L. C., c. 18, s. 21 §3.

3404. If, on the presenting of the said petition and afterhaving heard the interested parties present, the commissioners find the allegations of the petition to be sufficiently proved, they may dismiss the trustees and order a new election to be held for the appointment of others in their stead, and fix the day for the said election, and the said election shall be held in the manner already provided by law for the election of trus

tees.

Communication of the petition shall be given at the office of the commissioners at least fifteen days before the day fixed for the presentation thereof.

A copy of the said petition, certified by the secretary of the commissioners, with a notice by the same officer of the day, hour and place of its presentation, shall be served upen the trustees at least fifteen days before its presentation. C. S. L. C., e. 18, s. 21 § 4.

3405. The commissioners may order a certain sum of money to be deposited with their secretary as security for costs, either before the communication or the presentation of the said petition. C. S. L. C., c. 18, s. 21 § 5.

Removal not 3406. The removal of any trustees under the foregoing to affect right provisions shall not affect any right or any obligation resulting from their election, and the new trustees shall continue the proceedings pending on their accession to office. C. S. L. C., c. 18, s. 21 § 6.

Proceedings for election of

in certain

cases.

3407. In case of the death, serious illness, madness or new trustees lunacy, removal of domicile out of the parish or mission, insolvency, legal excuse or incapacity of any of the trustees, it shall ́ be the duty of the trustees remaining in office, or one of them, to require the rector (curé) or missionary administering the parish or mission, to call a meeting of the inhabitants of the parish or mission for the purpose of electing one or more trustees in the place of him or them whose places are to be filled.

Meeting for such election by the curé,

to be called

&c.

In default, commissioners to appoint.

2. Upon the requisition of the trustees remaining in office or one of them, it shall be the duty of the rector (curé) or missionary administering the parish or mission, to call such meeting and proceed to the election required; and such meeting shall be called, presided over and held, and such election shall be conducted in the manner prescribed for the election of the first trustees who remain in office.

3. If the trustees, rector (curé) or missionary, refuse or neglect to proceed to the election of such trustee or trustees, then, on the petition of the majority ef the freeholders, the inhabitants of the parish or mission may apply to the commissioners for their appointment, but the trustee or trustees

so appointed must possess the qualification required by article

3398.

4. If, at such meeting, the election be proceeded with, the If the election chairman shall proclaim elected the person who shall have be had. received the majority of votes, and a minute thereof shall be entered in the register of the fabrique, signed by the chairman and the secretary, or by two witnesses. 27 V., c. 10, s. 1.

and how to be

contain.

3408. As soon as the commissioners have made an order Act of assessapproving the election of the trustees, and authorizing them to ment, when make an assessment and to levy the sums assessed, the trustees made; and shall proceed to draw up an act of assessment, which shall what it must comprise a specification of the work to be done and a detailed estimate of the expenses, foreseen and unforeseen, which they deem necessary for the construction or repairs in question; and also an exact statement of all the lands and other immoveable property situate in the said parish or mission, excepting that of fabriques, churches and buildings occupied as educational establishments, as also the lands on which they are erected, or which is attached to or forms part of such establishments, which are not liable to such assessment, showing the extent and value of each lot, the name of the real or supposed owner, and the proportionate sum of money (and the quantity of materials, if any) which they have assessed on each lot towards the necessary expenses of such construction or repairs. 27 V., c. 10, s. 2.

2. Such act of assessment, after it has been completed, by To be open to the trustees, or a majority of them, shall be deposited during parties inter inspection of fifteen days in the parsonage house of the parish, or, if there ested. be none, in the house of some notary, or well known inhabitant of the place, in order that all persons interested may take cognizance thereof during the period aforesaid, at any time between eight o'clock in the morning and five in the afternoon. C. S. L. C., c. 18. s. 22 § 2.

when they

3. The trustees shall cause public notice to be given, by Trustees to a notice in writing, read publicly, and posted at the door of give notice, the church or chapel of the parish, or, in default of such parish will move for church or chapel, at the most public place, and at the door of the homolothe church of the parish whence the inhabitants of the parish gation thereor mission in question are ministered to, on three consecutive Sundays, immediately after divine service in the forenoon.

notice.

The notice shall set forth the place in which the act of assess- Contents o ment is deposited, and also the day and hour, and the place, when and where the trustees will move for its homologation before the commissioners, in such manner as the whole has been regulated and prescribed in the order made by the commissioners. C. S. L. C., c. 18, s. 22 § 3.

to obtain

4. On the day appointed for proceeding to the considera- Proceedings tion of the act of assessment, the trustees, or the majority homologa of them, shall present the said act to the commissioners for tion. homologation, and shall accompany it by sufficient written proof of its having been duly deposited, and a sufficient certificate of the publication of the notice hereinabove mentioned;