CHAP. 58. Bishops of Toronto and Kingston in Canada, in each diocese," it was enacted amongst other things that whenever it might be deemed expedient to erect any new diocese or dioceses in that part of the then Province of Canada, formerly called Upper Canada, the Bishop or Bishops of each new diocese or dioceses, and his or their successor or successors for the time being should have the same powers as are by the said Act conferred upon the said Bishops of Kingston and Toronto, respectively: And whereas in pursuance of the authority conferred by the said Act, a new diocese was in the year of our Lord one thousand eight hundred and fifty-six, erected in Upper Canada, called the Diocese of Hamilton: And whereas the Right Reverend Peter Francis Crinnon, Doctor of Divinity, the Bishop of the said Diocese of Hamilton, has petitioned that the said Act may be amended and 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 said The Right Reverend Peter Francis Crinnon, The Bishops of Doctor of Divinity, and his successors being Bishops of the Hamilton to be a body Diocese of Hamilton aforesaid, in communion with the Church corporate. of Rome, shall be and are hereby declared to be a body corporate by the name of The Roman Catholic Episcopal Corporation of the Diocese of Hamilton, in Ontario, enjoying all the powers and privileges, and also subject to the provisions contained in the said Act, passed in the eighth year of the reign of Her Majesty Queen Victoria, and chaptered eighty-two. may hold 2. The said The Roman Catholic Episcopal Corporation of Corporation the Diocese of Hamilton, in Ontario, shall have vested in it lands, &c. the soil and freehold as well as the fee of all lands, tenements and hereditaments to and of all burial grounds, churches and chapels, held in the name of or conveyed to The Roman Catholic Episcopal Corporation of the Diocese of Hamilton, in Upper Canada or Ontario, or to The Right Reverend John Farrell, the late Bishop, or to The Right Reverend Peter Francis Crinnon, the present Bishop of the said Diocese, or to any trustee or trustees, or clergyman, or other person or persons for the purposes of said Roman Catholic Churches now in said Diocese of Hamilton. 3. In addition to the powers conferred by the said Act on May borrow any new Diocese so erected under the authority of said Act, money, &c. the said The Roman Catholic Episcopal Corporation of the Diocese of Hamilton, in Ontario, shall have power to borrow moneys on mortgage security of the real estate of said Corporation, for the purpose of erecting, finishing, enlarging or repairing of any church or clergyman's residence, erected or to be erected, and for enlarging the same, or to pay off any debt which may have been or may be incurred, subject to a com pliance Mortgage already given to be a lien on land of Corporat on. Act to be read with 8 V. c. 82. pliance with the requirements of the fifth section of the said Act respecting the execution of deeds, conveyances, leases and assignments thereby authorized to be made. 4. All moneys borrowed by and in the name of the said Corporation for which mortgages have been given on the real estate of the Corporation in conformity with the requirements of the fifth section of the said Act, shall form a lien, and are hereby created incumbrances on the lands covered by such mortgages, and the said The Roman Catholic Episcopal Corporation of the Diocese of Hamilton, in Ontario, is hereby declared to be bound for the payment of the same notwithstanding that at the time of the execution of such mortgages the said Corporation had no power to borrow money on mortgage; and this Act shall not be held to relieve or discharge the said Corporation of the Diocese of Hamilton, of or from any liability or claim now existing against the same. 5. This Act and the said Act passed in the eighth year of the reign of Her Majesty Queen Victoria, and chaptered eightytwo, shall be read together and with the amendments hereby made form one Act, so far as the said The Roman Catholic Episcopal Corporation of the Diocese of Hamilton, in Ontario, is concerned. Preamble. CHAP. 59. An Act to Incorporate The William Hall Peter borough Protestant Poor Trust. [Assented to 2nd March, 1877.] HEREAS William Hall, in his lifetime of the Town of Peterborough, merchant, previous to his death expressed the desire that the sum of thirty thousand dollars should be settled for the benefit of the Protestant Poor of the said Town of Peterborough, but died without having made any will to that effect: And whereas the heirs-at-law and next of kin of the said William Hall, in order to carry out the said expressed desire, entered into a certain trust deed whereby it was provided that Robert Nicholls, of the said Town of Peterborough, merchant, the trustee therein named, should pay to the board of trustees therein named, the sum of thirty thousand dollars, for the purpose of forming a fund to be invested in stocks, mortgages on real estate, municipal debentures or any of them, and that the annual income or dividends arising therefrom should be expended for the benefit of the Protestant Poor who should be actual and bona fide residents of the said Town of Peterborough, in such manner as such board of trus tees tees and their successors should think best, such board to be composed of four members of the Presbyterian Church in Canada, one member of the United Church of England and Ireland, one member of the Wesleyan Methodist Church in Canada in connection with the English Conference, one member of the Regular Baptists denomination, and one member of the Bible Christian Church in Canada, and that the first board of trustees should be composed of Frederick William Haultain, of the said Town of Peterborough, Registrar of the County of Peterborough; William Taylor, of the same place, Physician; Robert Fairbairn of the same place, Insurance Agent, and Robert Dennistoun of the same place, Judge of the said County of Peterborough, as representing the Presbyterians; and of Alfred Passmore Poussette, of the same place, Barrister, as representing the Episcopalians; and of Thomas Willan Robinson, of the same place, Merchant, as representing the Methodists; and of Alexander Gillespie of the same place, Machinist, as representing the Baptists; and of William Yelland of the same place, Carriage maker, as representing the Bible Christians; and that the manner of succession should be such as might be determined by the said board having due regard to the continual representation on such board of the several denominations in the proportions above prescribed and set out by persons being actual members or adherents respectively of the said several denominations: And that the action of the board within those powers should be determined by a majority of those present, of which meeting all should have had notice by letter or circular, mailed at Peterborough five clear days previous to the holding of such meeting, addressed to the proper post-office address of such trustees respectively until such board should otherwise determine, and that it should be competent if such trustees should deem it to be expedient, to obtain an Act of Incorporation on the said basis, and to defray the necessary expense thereof out of the income of such fund, and that no permanent salaries should be paid out of the said fund, income or dividends, but only such incidental expenses as might be necessary to its proper management, and that it should not be incumbent on the board to expend the whole income or dividends of each year, in such year, and that said fund should not be reduced for any purpose: And whereas the said first board of trustees have petitioned that an Act might be passed incorporating them into an association upon the basis of the provisions of the said trust deed, under the name of "The William Hall Peterborough Protestant Poor Trust:" And whereas it is expedient to grant the prayer of the said petitioners; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. That the said Frederick William Haultain, William Taylor, Incorporation Robert Fairbairn, Robert Dennistoun, Alfred Passmore Pous- of Trust. sette First Board of Trustees. Constitution of Board. Chairman and Vacancies in sette, Thomas Willam Robinson, Alexander Gillespie, and William Yelland and their successors shall be, and they are hereby constituted a body corporate and politic, by and under the name and style of "The William Hall Peterborough Protestant Poor Trust," and by that name they and their successors shall be capable of suing and being sued, of contracting and being contracted with, and shall have perpetual succession and a common seal. 2. The said Frederick William Haultain, William Taylor, Robert Fairbairn, Robert Dennistoun, Alfred Passmore Poussette, Thomas Willan Robinson, Alexander Gillespie, and William Yelland, shall be and they are hereby constituted the first board of trustees of the said Trust. 3. The said Trust shall consist of a board of eight trustees, all resident in the County of Peterborough, four of whom shall be chosen from members or adherents of the Presbyterian Church in Canada, one from members or adherents of the United Church of England and Ireland, one from members or adherents of the Wesleyan Methodist Church in Canada, in connection with the English conference, one from members or adherents of the Regular Baptists denomination, and one from members or adherents of the Bible Christian Church in Canada. 4. The said board of trustees shall, at their first meeting, elect one member thereof to be chairman of the said board, and shall appoint a secretary and a treasurer, or such offices may be held jointly if the said board of trustees so determine, and a member of the said board shall be eligible for either of said offices. 5. In the event of any of the said trustees or any future trustees dying or resigning or becoming incapable of acting, or disqualified by reason of his ceasing to be a member of the church or denomination which he represents, or of his ceasing to reside in the said County of Peterborough, a successor to such trustee so dying or resigning or becoming incapable or disqualified, shall be appointed by the remaining trustees, at a meeting to be called for the purpose, in manner following:-Upon the happening of any of the events aforesaid, it shall be the duty of the secretary of the said board to forthwith notify the minister of the congregation to which such trustee so dying, or resigning, or becoming incapable or disqualified belonged, and such minister shall, as soon thereafter as convenient, call a meeting of his congregation in the manner in which it is usual to call congregational meetings according to the ordinances of his church, for the purpose of electing a successor to the trustee so dying, or resigning, or becoming incapable or disqualified, and such new trustee shall be elected by the majority of members of the said church present at the said meeting, and the said minister shall thereupon certify such election to the secretary of the said board. 6. 6. On the first Monday in February, in each year, or on Annual meetsuch other day in each year as may be named in any resolution ing. of the said board, a meeting of the said board of trustees shall be held for the purpose of electing a chairman for the ensuing year, at which meeting five members of the said board shall form a quorum, and the then chairman shall be eligible for reelection. 7. The said board of trustees may at any meeting thereof By-laws called for the purpose, at which meeting five members shall form a quorum, make such proper rules and by-laws for the government of the same as the majority of members present at such meeting deem expedient, so as such rules and by-laws are not repugnant to the provisions of this Act. 8. It shall be lawful for the said board of trustees to invest Investment of the funds of the said trust in stocks, mortgages on real estate, funds. or municipal debentures, or partly in one and partly in another. by trust. 9. The said Trust may take and hold any real estate or Real estate securities thereon, bona fide mortgaged or assigned to it to may be held secure the payment of any loans or advances or debts due to it, and may proceed on such mortgages, assignments or other securities for the recovery of the moneys thereby secured, either at law or in equity, or otherwise, and generally may pursue the same course, exercise the same powers, and take and use the same remedies to enforce the payment of any debt or demand due to the Trust as any person or body corporate may by law take or use for a like purpose: but no lands or tenements acquired by gift, devise or bequest, and not required for the actual use or occupation of the Trust, shall be held by the Trust for a longer period than seven years after the acquisition thereof; and within such period the same shall be absolutely disposed of by the Trust; and the Trust shall have power within such period, in the name of the Trust to grant and convey the said lands or tenements to any purchaser, so that the trust do no longer retain any interest therein; and the proceeds on such disposition shall be invested in public securities, municipal debentures, or other approved securities, not including mortgages on land, for the use of the Trust; and any lands, tenements, or interests therein, required by this Act to be sold and disposed of by the Trust, but which may not, within the said period, have been so disposed of, shall revert to the person from whom the same were acquired, his heirs, executors, administrators or assigns. 10. It shall be the duty of the said board of trustees to hold Quarterly meetings. a meeting at least once a quarter for the transaction of business, at which meeting three of the said trustees shall form a quorum, and the chairman or in his absence a chairman chosen by the members present shall preside at such meeting. |