any person or persons whomsoever, shall remain the same as they would have remained to all intents and purposes whatsoever as if this Act had not been passed. Issue of New IV. Provided always, and be it further enacted, by the authority aforesaid, that in case of the said John Stuart, and the said Elizabeth Van Rensselaer Stuart, or Marriage, either of them, again contracting matrimony with any person or persons with whom it would have been lawful for them to contract matrimony, if they, the said John Stuart and Elizabeth Van Rensselaer Stuart, had not intermarried, and have any issue born to them or either of them, that the said issue so bora, shall be, and are hereby declared to be to all intents and purposes legitimate, and that the rights of them, the said issue and each of them, and of their respective heirs, as respects their and each of their capacity, to inherit, have, hold, enjoy and transmit all and all manner of property, real or personal, of what nature or kind soever from any person or persons whomsoever, shall be and remain the same as they would have been to all intents and purposes whatsoever, as if the marriage between the said John Stuart and Elizabeth Van Rensselaer had never taken place. CA P. LXXIII. An Act to amend an Act passed in the ninth year of the Reign of King [Royal Assent promulgated 3rd December, 1841.] W THEREAS it is expedient and desirable to allow the several Christian denominations recognized by the Statutes of this Province, to hold lands for the support of Public Worship, and the propagation of Christian Knowledge; And whereas an Act, passed in the ninth year of the Reign of His late Most Gracious Majesty King George the Fourth, entitled An Act for the relief of the Religious Societies therein mentioned, does not permit them to hold land for any other purpose than for the site of a Church, Meeting House, or Chapel, and Burying Ground, nor to a greater extent than five acres; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled An Act for making more effectual provision for the Government of the Province of Quebec in North America, and to make further provision for the Government of the said Province, and by the authority of the same, that so much of said Act as limits the powers of the several denominations Preamble. 9 Geo. 4. c. 2 Repealed. Religious Societies entitled to hold lands. Roman Catholic Church. denominations mentioned in said Act to the quantity of five acres, and to the purposes for which lands shall be held, be and the same is hereby repealed. II. And be it further enacted, by the authority aforesaid, that the several religious Societies mentioned in the said Act, shall and are hereby authorized to hold lands in the manner specified in said Act for the support of Public Worship, and the propagation of Christian Knowledge, as well as for the purposes mentioned in said Act, any thing in the Statutes, commonly called the Statutes of Mortmain, to the contrary notwithstanding. III. And be it further enacted, by the authority aforesaid, that all the rights. and privileges by this Act conferred upon the religious denominations in the first recited Act mentioned, shall be deemed and taken to extend in every respect to the Roman Catholic Church to be exercised according to the governinent of the said Church. CA P. LXXIV. Preamble. An Act to make provision for the management of the temporalities of the United Church of England and Ireland in this Province, and for other purposes therein mentioned. [Royal Assent promulgated 3rd December, 1841.] WHEREAS it is desired on behalf of the United Church of England and Ireland, in the Province of Upper Canada, that provision should be made by law for the internal management by the members of the said Church of the temporalities thereof, and also for allowing the endowment thereof, and it is just and expedient that such provision should be made; Be it therefore enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled An Act for making more effectual provision for the Government of the Province of Quebec in North America, and to make further provision for the Government of the said Province, and by the authority of the same, that from and after the passing of this Act the soil and freehold of all Churches of the communion of the said United Church of England and Ireland now erected or hereafter to be erected in the said Province, and of the Church Yards Yards and Burying Grounds attached or belonging thereto respectively, shall be in the Parson or other Incumbent thereof, for the time being; and that the possession thereof shall be in the Incumbent for the time being, and the Church Wardens to be appointed as hereinafter is mentioned by whatever title the same may now be held, whether vested in Trustees for the use of the Church, or whether the legal Estate remains in the Crown by reason of no Patent having been issued, though set apart for the purposes of such Church, Church Yard or Burying Ground: Provided always, that nothing herein contained shall extend to affect the rights of any other Church or Body of Christians to any landed property or Church now erected, but that the same shall remain as if this Act had not been passed. Freehold of Churches, &e. to vest in the cumbent. Proviso. Pew holders II. And be it further enacted, by the authority aforesaid, that all Pew holders to form a Vesin such Churches whether holding the same by purchase or lease, and all persons try. holding sittings therein by the same being let to them by Church Wardens, and holding a certificate from the Church Wardens of such sitting, shall form a Vestry for the purposes in this Act mentioned and declared. Vestry. III. And be it further enacted, by the authority aforesaid, that a meeting of ings and prosuch Vestry shall be holden on Monday, in Easter week, in each and every year, ceedings of after due notice thereof, given during Divine Service on the morning of Easter Sunday, for the purpose of appointing Church-wardens for the ensuing year, and that at such meeting one Church-warden shall be nominated by the Incumbent of the Parsonage or Rectory, to which the said Church belongs, and the other shall be elected by a majority of those present and entitled to vote at such Vestry meeting as aforesaid: Provided nevertheless, that in case of such Incumbent declining or neglecting to nominate a Church-warden, then both of the said Church-wardens shall, for the current year, be elected in the manner aforesaid, and in case the members of such Vestry shall neglect to elect a Church-warden, then both of such Church-wardens shall, for the current year, be nominated by the Incumbent : Provided always, that if from any cause a Vestry meeting shall not take place at the time aforesaid, such appointment of Church-wardens may take place at any subsequent Vestry meeting, to be called in manner hereinafter provided; and in case of the death or change of residence to twenty miles or more from any such Church, of either of the said Church-wardens, a Vestry meeting shall be thereupon called for the election, by the said Vestry, of a new Church-warden, in case the one deceased or removed had been elected by the Vestry, or for the nomination of a new Church-warden by the Incumbent, in case the one deceased or removed had been nominated by the Incumbent. IV. And be it further enacted, by the authority aforesaid, that no person shall be eligible to the office of Church-warden except members of the said Church of the Church Wardens. Church War dens term of office. Powers of Church War dens. Pews. Rights of Pew holders. the full age of twenty-one years, and who shall also be members of such Vestry. V. And be it further enacted, by the authority aforesaid, that such Churchwardens shall hold their office for one year from the time of their appointment, or until the election of their successors, except in case of an appointment or nomination to fill up any vacancy occasioned by death or removal, as aforesaid, and in such case the person so appointed or nominated, shall hold the said office until the next annual election. VI. And be it further enacted, by the authority aforesaid, that such Churchwardens so to be elected and appointed, as aforesaid, shall, during their term of of fice, be as a Corporation to represent the interest of such Church and of the members thereof, and shall and may sue and be sued, answer and be answered unto in all manner of suits and actions whatsoever and may prosecute indictments, presentments, and other criminal proceedings for and in respect of such Churches and Church Yards, and all matters and things appertaining thereto, and shall and may, in conjunction with the Rector or Incumbent, make and execute faculties or conveyances or other proper assurances in the Law to all Pew holders holding their Pews by purchase, or leases to those holding the same by lease, and shall and may grant certificates to those who shall have rented sittings, such conveyances, leases and certificates to be given within a reasonable time after demand made, and at the charges of the person applying for the same; and, further, it shall be the duty of such Church-wardens, from time to time, to sell, lease and rent pews and sittings upon such terms as may be settled and appointed at Vestry meetings to be holden for that purpose, as hereinafter provided: Provided always, that any such sale, lease or renting, shall be subject to such rent charge, or other rent as may from time to time be rated and assessed in respect thereof at such Vestry meetings. VII. And be it further enacted, by the authority aforesaid, that in case of the absolute purchase of any Pew in any such Church as aforesaid, the same shall be construed as a Freehold of Inheritance, not subject to forfeiture by change of residence, or by discontinuing to frequent the same, and the same may be bargained, sold and assigned to any purchaser thereof, being a member of the Church of England, and such purchaser, provided the same be duly assigned and conveyed to him, shall hold the same with the same rights, and subject to the same duties and charges as the original purchaser thereof. VIII. And be it further enacted, by the authority aforesaid, that any Pew-holder whether by purchase or lease, and any person renting a Pew or Sitting shall and and may, during their rightful possession of such Pew or Sitting, have a right of action against any person injuring the same or disturbing him or his family in the possession thereof. Church-War IX. And be it further enacted, by the authority aforesaid, that such Churchwarden so to be appointed as aforesaid, shall yearly, and every year within four- dsn account. teen days after other Church-wardens shall be nominated and appointed to succeed them deliver in to such succeeding Church-wardens a just, true and perfect account in writing (fairly entered in a Book or Books to be kept for that purpose, and signed by the said Church-wardens) of all sums of money by them received, and of all sums rated or assessed or otherwise due and not received, and also of all goods, chattels, and other property of such Church or Parish in their hands as such Church-wardens, and of all monies paid by such Church-wardens so accounting, and of all other things concerning their said office, and shall also pay and deliver over all sums of money, goods, chattels, and other things, which shall be in their hands, unto such succeeding Church-wardens, which said account shall be verified by oath before one or more of Her Majesty's Justices of the Peace, who are hereby authorized to administer the same, and the said Book or Books shall be carefully preserved by such Church-wardens, and they shall and are hereby required to permit any member of such Vestry, as aforesaid, to inspect the same at all reasonable times, paying one shilling for such inspection, and in case such Church-wardens shall make default in yielding such account as aforesaid, or in delivering over such money, goods, or other things as aforesaid, it shall be in the power of the succeeding Church-wardens to proceed against them at Law for such default, or to file a bill in Equity for discovery and relief; and in case of the re-appointment of the same Church-wardens, then such account as aforesaid shall, in like manner as is aforesaid, be made and rendered before an adjourned meeting of such Vestry, fourteen days after such re-appointment. Open to ins pection. Vestry. meetings of X. And be it further enacted, by the authority aforesaid, that it shall be in the Extraordinary power of the incumbent of any such Parsonage, Rectory, or Parish, as aforesaid, or of the Church-wardens thereof, to call a Vestry meeting whenever he or they shall think proper so to do, and it shall be his and their duty so to do upon application being made for that purpose in writing, by six at least of the members of such Vestry, as aforesaid; and in case, upon such written application being made as aforesaid, such Incumbent and Church-wardens shall refuse to call such meeting, then, one week after such demand made, it shall be in the power of any six of such members of the Vestry to call the same by notice to be affixed on the outer Church Door (or Church Doors, where more than one) at least one week previous to such intended meeting. |