Ordinances of the North-West Territories
An Ordinance to incorporate the Board of Trustees of the Presbyterian Church in Canada.
[Assented to May 4, 1900.]
WHEREAS a petition has been presented by the General Assembly of the Presbyterian Church in Canada, praying for the passage of an Ordinance constituting the persons hereinafter named and their successors a body politic and corporate under the name of "The Board of Trustees of the Presbyterian Church in Canada;"
And whereas it is expedient to grant the prayer of the said petition:
Therefore the Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:
1. The Reverend Robert Harvey Warden, D.D.; the Honourable Mr. Justice James McLennan; the Reverend William MacLaren, D.D.; William Mortimer Clark, Q.C.; Adam Rutherford Creelman, Q.C.; Hamilton Cassels and 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. The said corporation shall by the name aforesaid, have perpetual succession and a common seal; and by such name may from time to time and at all times hereafter acquire, hold, possess and enjoy and may have, take and receive by grant, transfer, gift, assignment, devise or bequest for them and their successors any lands, tenements and hereditaments and real and immovable property and estate within the North-West Territories and personal property and movables for the religious, charitable and educational purposes and uses of the said the Presbyterian Church in Canada within the limits of the North-West Territories ; and any of the trusts in connection with the said church and any of the religious, charitable or educational schemes of the said church (except any trusts, schemes or institutions connected with the said church which are now or which may be hereafter incorporated) and any such lands, tenements, hereditaments and real and immovable property and estate and personal property and movables 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 may be purchased, transferred, 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 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 such 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 said request shall have been made or to inquire as to the application of said purchase money or the regularity of the appointment of said trustees but subject to the provisions of The Land Titles Act 1894 and amendments thereto the execution of the grant, conveyance, transfer, lease or other instrument shall be deemed sufficient and conclusive when executed as hereinafter set forth.
4. 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 or as a result of proceedings for the enforcement of any security and which shall not be actually required for the purpose of sites for churches, manses, school houses or cemeteries or any other purposes of the church shall be sold within twenty years after the said lands shall have become vested in the said board.
5. 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.
6. 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 show the disposition made by it of the interest and income arising from all said moneys, securities and properties.
7. 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.
8. All conveyances, grants, transfers, leases or assignments of any of said lands, tenements, personal property 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 by the chairman, convener or other presiding officer of the committee or trust for whose benefit the lands, tenements, personal property or securities so disposed of shall have been held ; and subject as to lands and tenements to the provisions of The Land Titles Act 1894 such conveyances, grants, transfers, leases or assignments when so attested shall be deemed sufficient and conclusive.
9. 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.
10. This Ordinance shall be deemed to be a public Ordinance.