Purchasers not answerable 2. No person or persons, body or bodies corporate, who shalt for disposal of purchase the said lands and premises shall be in any way bound to see to the application, or be answerable for the non-application of the sail purchase money or any part thereof. purchase money. Proceeds of sale to be 3. The proceeds of the said sale of said lands shall, after added to Rec- deducting the expenses connected with said sale, be added to and form part of the Rectory Land Fynd of the said Parish of Niagara. tory Land Fund. CHAP. 50. Preamble. 38 V. c. 83. Synod of Ontario to apply trust money. An Act respecting St. John's Church, Iroquois. W [Assented to 2nd Merch, 1877.] HEREAS the members of the Church of England, constituting the congregation of St. John's Church in the Village of Iroquois, in the County of Dundas, and Province of Ontario, are desirous of having applied in part payment of the purchase money of a certain parcel of land, being lots seven, eight, and nine in block G, on the north side of Ford Street, in the said Village of Iroquois, lately purchased by them, the sum of nine hundred dollars, part proceeds of the sale money of the Centre Commons, in the Township of Matilda, in the County of Dundas, now held by the Incorporated Synod of the Diocese of Ontario, in trust for the said Church: And whereas the said congregation are desirous of having extended the provisions of an Act passed in the thirty-eighth year of her Majesty's reign, and chaptered eighty-three, so as to enable the trustees therein named, to mortgage the said lots for the sum of two thousand dollars instead of one thousand dollars, and to apply the moneys raised by such mortgage, as well to the payment of the cost of the erection of buildings upon the said lots, as to the payment of the purchase money therefor: And whereas the Rev. G. W. White, Incumbent, and Jacob H. Ross, and William Patton, churchwardens of the said church, in pursuance of a resolution passed at a special vestry meeting of the said congregation, duly convened and held on the fourteenth day of August, one thousand eight hundred and seventy-six, have petitioned for relief in the premises; and whereas it is desirable to grant the prayer of their petition; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. It shall be lawful for the said Incorporated Synod of the Diocese of Ontario, to apply the sum of nine hundred dollars, part of the said trust moneys held by them, resulting from the sale sale of the said Centre Commons, in payment of any balance of purchase money which may be due in respect of the said lots on their purchase, by or on behalf of the said congregation, and such application by the said Synod shall pro tanto, be a discharge of the trusts on which the said moneys have been hitherto held by the said Synod. trustees. 2. For and notwithstanding anything contained in the said Powers of recited Act, it shall be lawful for the trustees therein named or any future trustees appointed for the purposes thereof, having been first authorized by a resolution of the said vestry, to mortgage the said lots for a sum not exceeding in the whole the sum of two thousand dollars, and to apply the moneys which may be raised by such mortgages, either towards the payment any balance of purchase money due upon the said lots or towards the cost of erecting a parsonage and out-buildings thereon: Provided, however, that the whole mortgage debt upon the said property shall not exceed at any one time the principal sum of two thousand dollars. of 3. The said money may be borrowed from, and the said Money may be mortgage given to, any person or corporation. borrowed. 4. It shall be lawful for the said trustees, having been first Trustees may authorized by a resolution of the vestry of the said Church, make new should occasion require from time to time, and at all times hereafter to make new and further mortgages for the purpose of paying off any mortgage or mortgages then in existence upon the same property, or any part thereof, upon such terms and at such times as the said trustees or their successors shall deem proper, subject to the limitation herein before prescribed, as to the amount of the mortgages to be created on the said premises. 5. Any mortgagee or mortgagees advancing money upon the Mortgagees no security of a mortgage upon the said premises shall not be bound to see bound to see to the application thereof by the borrower. to application of moneys. CHAP. 51. An Act respecting Saint Paul's Church in the Village of Almonte. W [Assented to 2nd March, 1877.] HEREAS the Bishop of the Diocese of Ontario, the Rector Preamble. and Churchwardens of the Church of the United Church of England and Ireland, commonly known as Saint Paul's $3,500 may be raised by mortgage on Paul's Church, in the Village of Almonte, by and with the consent of the Synod of the said Diocese of Ontario, have petitioned for an Act to empower the Bishop of Ontario to mortgage the Parsonage land consisting of the southerly halves of lots eighty-one and eighty-two, on Clyde Street, in the Village of Almonte, in the County of Lanark, and the buildings thereon erected, for the purpose of raising a sum not exceeding three thousand five hundred dollars to be applied towards paying off the debt incurred in and about the erection of the Parsonage building thereon, and in completing the said building, and whereas it is expedient to grant the prayer of the said petition; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The Bishop of the Diocese of Ontario may contract with any person or persons, party or parties, corporation or corporaparsonage lot. tions for a conveyance or conveyances by way of mortgage of the Parsonage lot aforesaid together with all buildings thereon, as security for the payment of money borrowed or to be borrowed as aforesaid; Provided, however, that the whole mortgage debt upon the said property shall not at any one time exceed the principal sum of three thousand five hundred dollars. 2. The moneys raised by such mortgage shall be applied towards the payment of the debts incurred in and towards the erection of the said Parsonage building on said land, and in and towards the completion of said building, but no person paying any money to such Bishop and Churchwardens in pursuance of this Act, and obtaining their receipt therefor, shall be required to see to the proper application of the money. Preamble. CHAP. 52. An Act respecting St. Paul's Church at Newmarket. [Assented to 2nd March, 1877.] WHEREAS the Right Reverend Alexander Neil, Bishop of the Diocese of Toronto, the Very Reverend Henry J. Grassett, of the City of Toronto, and the Reverend Francis Tremayne, Incumbent of St. Paul's Church, in the Village of Newmarket and County of York, have presented their petition stating (amongst other things): "That by deed dated the twentieth day of November, one "thousand eight hundred and forty-one, George Lount conveyed "to the Right Reverend John, Lord Bishop of Toronto, the Reverend "Reverend Henry J. Grassett, and the Reverend Robert Joseph "C. Taylor, the lands and premises hereinafter described, to "have and to hold the same upon trust to permit the said lands "from time to time, and at all times thereafter, to be held and "converted into the site and ground plot of a church, to be governed and regulated according to the discipline, rites and "ceremonies of the Church of England; and also as and for the "site of a burial ground to be attached thereto; and also as and "for the site of a parsonage house for the residence of a clergy"man, with glebe land adjoining thereto, and, for the purposes "aforesaid, to permit and suffer the said premises to be laid out, " and such churches, erections and buildings to be placed on any part thereof as the Bishop of the Diocese of Toronto for the time being shall, by writing under his hand, direct and appoint: "And further upon trust, that the said trustees, their survivors, successors and assigns, should at all times permit and suffer "the clergyman of the Church of England for the time being, "doing duty as the missionary or settled minister of Newmarket, "and duly recognized and appointed to the same by the Bishop of the Diocese for the time being, to take and receive the rents, issues, and profits of such parts of such lands as shall be "laid out and appropriated as and for a parsonage and glebe land "to and for his own absolute use and benefit; and in case at any "time thereafter the said mission should be constituted or made " into a rectory, then in such case and immediately thereupon, "upon the further trust to permit and suffer the rector and his successors for the time being, to take and receive the said "rents, issues and profits to his and their own use and benefit, "and to and for no other use, trust and intent or purposes whatsoever; and that the said deed provided for the appoint"ment of new trustees where occasion should require, by the "Bishop of the Diocese of Toronto for the time being, with the " like powers to such new trustees as were reposed in their pre"decessors: And that the Right Reverend John, Lord Bishop of Toronto and the Reverend Robert Joseph C. Taylor have, "since the date of the said deed, departed this life, and the said Right Reverend Alexander Neil, the now Bishop of Toronto, "has by virtue of the powers by the said deed in him reposed, by writing duly executed and dated the seventeenth day of April, one thousand eight hundred and seventy-six, appointed "himself and the said Reverend Francis Tremayne, trustees in "the place of those deceased: And that the said lands have by deed, dated the twenty-seventh day of June, one thousand "eight hundred and seventy-six, by the surviving trustee been 'conveyed to himself and the new trustees to hold upon the like "trusts as are set out and contained in the said original deed of "trust and that in the opinion of your petitioners it is desirable " and will be productive of benefit to the Church of England in Newmarket, that they, the said trustees, should have power "to sell the said lands:' And whereas no part of the said premises has been used as a burial ground, and no interments or burials have been made therein. And whereas it is desirable to grant the prayer of such petition : 66 Therefore Trustees may sell lands in Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The said trustees or trustee for the time being, or a Whitchurch. majority of them, notwithstanding the provisions of the said deed of trust, shall, if authorized by a resolution of the vestry of the congregation of St. Paul's Church in Newmarket aforesaid (such resolution to be passed at a special vestry meeting of the congregation to be called for that purpose) have full power and authority to sell and absolutely convey and dispose of all and every or any part of the lands more fully described and set out in the said original deed of trust, and being part of lot number ninety-three, on the east side of Yonge Street, being in the first Concession of the Township of Whitchurch, in the County of York, as they in their discretion shall see fit, to any person or persons whatsoever, either together or in parcels, either by public auction or private contract, and for such price or prices in money, payable and to be secured by instalments, mortgages or otherwise, as to the trustees or trustee for the time being shall seem reasonable, and any deed executed by such trustees as aforesaid shall vest in the purchaser a full, clear and absolute title to the said lands, subject only to any leases thereof or rights therein now existing or granted by competent authority prior to such sale, and also to any mortgage that may be executed thereof, to secure all or any of the purchase money thereof. How proceeds of sale to be disposed. Investment of money. Act limited to ten years. 2. It shall be lawful for the trustees or trustee for the time being, or a majority of them, to invest a sum not greater than one-half of the proceeds arising from such sales after payment of the expenses of obtaining this Act, and the proper charges of effecting and carrying out the said sales in or towards the building of a parsonage house for the residence of the clergyman of the Church of England for the time being, doing duty as the settled minister of Newmarket, and duly recognized and appointed to the same by the Bishop of the Diocese for the time being. 3. The balance of the proceeds of such sales, as the same may be from time to time paid, or as the same may come in from any investment, shall be invested by the trustees or trustee for the time being, in Government stock or securities of the Dominion of Canada, or upon the security of freehold real estate of ample value in the Province of Ontario, and the said trustees shall hold and apply the principal and interest represented by or derivable from such sales and investments upon and for the same or some one of the trusts, ends, intents and purposes expressed in the original deed of trust with respect to the said lands. 4. The trust and power of sale authorized by this Act are to be exercised within ten years from the passing hereof. |