An Act incorporating the Board of Trustees of the Presbyterian Church in Canada.
Assented to 30th April, 1900.
WHEREAS by Section 10 of the Act passed by the Legislature of Ontario in the 38th year of Her Majesty's Reign, Chapter 75, intituled "An Act respecting the Union of certain Presbyterian Churches therein named," it was among other things enacted that as soon as the union of the Presbyterian Churches mentioned in the said Act should take place the Presbyterian Church in Canada and any of the trusts in connection with the said Church, and any of the religious or charitable schemes of the said Church might by the name thereof or by trustees, from time to time take by gift, devise or bequest any lands or tenements or interest therein subject to the provisions and conditions therein mentioned ; and whereas the union of the said Presbyterian Churches named in the said Act, has since taken place ; and whereas the said Presbyterian Church in Canada has by its petition represented that it is desirable that the manner in which the said lands or tenements or interests therein, and also all personal estate which may be given or bequeathed to the said Church should be taken and held for the said Church and also that the manner by which the said lands, tenements or interests therein and also the said personal estate might be conveyed by the said Church should be more clearly defined ; 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 Reverend Robert H. Warden. D. D., The Honourable Mr. Justice Maclennan, The Reverend William MacLaren, D.D., William Mortimer Clark, Q.C., Adam R Creelman, Q.C., Hamilton Cassels, Robert Kilgour, and their successors to be appointed as hereinafter mentioned shall be and they are hereby constituted a body politic and corporate by the name of "The Board of Trustees of the Presbyterian Church in Canada."
2. All gifts, devises, conveyances or transfers of any lands or tenements or interests therein and all assignments, gifts and bequests of personal estate which have been or shall hereafter be made to or intended for the Presbyterian Church in Canada, and any of the trusts in connection with the said church and any of the religious or charitable schemes of the said Church by the name thereof except any trusts, schemes or institutions connected with the said Church, which are now or may hereafter be incorporated, shall vest in the said Board of Trustees as fully and effectually as if the assignment, gift, devise, bequest, conveyance or transfer had been made to it, and shall be held by the said Board of Trustees for the benefit of the said Church, or the particular scheme of the said Church or of any of the said trusts in connection therewith to or for which the said real or personal estate has been or may be bought, given, devised or bequeathed.
3. The said Trustees shall at all times on the request of the Committee appointed by the General Assembly of said Church for the management of the said schemes or trusts pay the annual rents, income or produce of any such lands, tenements or interests therein, and of any such personal estate to the Treasurer of the said Church for the benefit of the scheme or trust, for the use of which the said lands, premises or interests therein or personal estate shall be held by the said Board of Trustees, and shall also at the like request sell and convert into money the said lands, tenements or interests therein or securities for money and pay the proceeds of the said sales to the said treasurer for the benefit of the said scheme or trust, it being expressly declared that no purchaser from said Trustees shall be bound to see that the said request shall have been made, or to inquire as to the application of the said purchase money or the regularity of the appointment of the said Trustees ; but the execution of the grant, conveyance, transfer, lease or other instrument shall be deemed sufficient and conclusive when executed as hereinafter set forth.
4. All gifts, conveyances or transfers of lands which may be made to the Presbyterian Church in Canada as a site for a church, manse, school or cemetery for the use of a congregation not then organized, shall vest in the said Board of Trustees on trust to convey the same to the trustees of such congregation when it shall have been organized under the sanction of the Presbytery within the bounds of which it is situate, or in default of such organization to sell the same.
5. All lands and premises which have been or shall hereafter at any time be held by any trustee or trustees for any congregation which shall have ceased to exist or has become disorganized shall vest in the said Board of Trustees on trust to sell the same and pay over the proceeds of the said sale to the Treasurer of the said Church for the benefit of the Home Mission scheme thereof or as may be otherwise determined by the General Assembly of the said Church.
6. The said Board of Trustees may invest from time to time all moneys which may come into its hands for the benefit of the said Church or any of the said schemes or trusts in such securities real or personal as the said Board of Trustees may deem expedient, provided always that all lands which may become vested in the said Board of Trustees, otherwise than by way of security, and which shall not be actually required for the purpose of sites for churches, manses or school houses or any other purposes of the Church, shall be sold within ten years after the said lands shall have become vested in the said board.
7. The members of the said Board of Trustees shall be elected annually by the General Assembly and shall continue in office until their successors be appointed, and four of the said Trustees shall form a quorum of the said Board, and they shall elect from themselves a Chairman.
8. The said Board of Trustees shall annually present a report to the General Assembly in which shall be set forth fully the various moneys, securities and property, real and personal, which shall have come into its hands and also shew the disposition made by it of the interest and income arising from all said moneys, securities and properties.
9. No personal liability shall attach to any of the individual members of the said Board of Trustees for the failure of any investment or security which may be made by the said Board.
10. All conveyances, grants, transfers, leases or assignments of any of said lands, tenements or securities shall be made by the said board of trustees under their corporate seal which shall be attested by the signatures of the Chairman of the said Trustees, the Treasurer of the said Church and the Chairman, convener or other presiding officer of the committee or trust for whose benefit the lands, tenements or interest therein so disposed of shall have been held, and when so attested shall be deemed sufficient and conclusive.
11. The General Assembly of the said Church may from time to time make rules and regulations for the government and guidance of the said Board of Trustees.
© Queen's Printer for Ontario, 1900. This is an unofficial version of Government of Ontario legal materials.