Statutes of Alberta


An Act to amend The Ordinance incorporating the Board of Trustees of the Presbyterian Church in Canada.

(Assented to March 28, 1922.)

WHEREAS the Presbyterian Church in Canada has by its petition prayed that it be enacted as hereinafter set forth and it is expedient to grant the prayer of the said petition;
Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

1. The Ordinance entitled An Ordinance to Incorporate the Board of Trustees of the Presbyterian Church in Canada, being chapter 34 of the Ordinances of the North-West Territories, 1900, be and it is hereby amended by inserting after section 3 thereof the following sections:
"3a. Notwithstanding anything contained in The Companies Ordinance and The Ordinance respecting the Holding of Lands in Trust for Religious Societies and Congregations, all lands and premises which have been or shall hereafter at any time be held by any trustee or trustees for any congregation of the Presbyterian Church in Canada or by any company incorporated under The Congregations Holdings Act of 1907 or under The Companies Ordinance for the holding of property for a congregation of the said church, which congregation 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.
"3b. The registrar of titles for the land registration district in which any lands referred to in the next preceding section are situate shall, upon the production of a certified copy of a resolution purporting to have been passed by the presbytery to which the congregation belongs describing the lands and certifying that the congregation has ceased to exist or has become disorganized, cancel the existing certificate of title thereto and issue a new certificate of title to the lands, subject to any encumbrances endorsed on the cancelled certificate of title, in the name of the Board of Trustees of the Presbyterian Church in Canada; and in accepting such certificate of title there shall not be implied any covenant on behalf of the said board of trustees to pay any encumbrances on the said land."