Statutes of New Brunswick
38° VICTORÆ, A.D. 1875
An Act concerning the Congregations of Churches connected with the Church of Scotland in this Province.
1 Property of Churches, &c. how held and used.
2 After union, Deed of Trust, &e. to Church to be for benefit of such Church.
3 After union, when new Trustees may be elected.
4 Fee simple of property, to whom passed.
5 What conveyance shall be deemed valid.
6 Rights of pew holders confirmed.
7 Act not to repeal provisions of former Acts.
Passed 10th April, 1875.
WHEREAS negotiations have been entered into between the Churches known as The Canada Presbyterian Church, The Presbyterian Church in Canada in connexion with the Church. of Scotland, The Presbyterian Church of the Lower Provinces, and The Presbyterian Church of the Maritime Provinces in connexion with the Church Scotland, to effect a Union under the title of " The Presbyterian Church of Canada," and the terms of said Union have been finally assented to by the Supreme Courts of those Churches respectively ; and whereas it is advisable before the Union of the negotiating, Churches is consummated, to protect property and rights of the congregations connected with Church of Scotland in this Province who may enter such Union ;-
Be it therefore enacted by the Lieutenant Governor, Legislative Council, and Assembly, as follows:-
l. All property, real and personal, now belonging to or in trust for or to the use of say congregation heretofore and now connected with the Church of Scotland whether the same shall have been organized under the Revised Statutes, or under Deeds of Trust, or under Acts of Incorporation, or as Union, or as Joint Stock Churches, or otherwise howsoever, shall continue, on and after the consummation of said union, to be possessed and held by, and shall be used for the benefit of the same congregation to the same extent as heretofore, after it shall have entered into such union.
2. Where in any Act of Incorporation or Deed of Trust, or Conveyance operating as such, or in any Will, any congregation connected with the Church of Scotland is mentioned or intended to be benefited, such Act, Deed of Trust, or Conveyance, or Will, shall be understood and construed as referring to the same congregation or church so soon as it shall have entered into connexion or communion with the said body.
3. Where the Act of Incorporation or Deed of Trust of any congregation or church heretofore connected with the Church of Scotland, or in any conveyance in the nature of a Trust, or in any Will, no provision has been made for the filling up from time to time of trusteeships vacant by death, removal from the Province, incapacity to act, or resignation of the Trustees, such congregation or church, so soon as the same shall be in connexion or communion with the said united body, at any regular meeting held in accordance with their Act of Incorporation, or Deed of Trust, by a majority of those present and entitled to vote, elect and appoint in place of such Trustees as shall have removed from the Province, become incapable to act, resigned, or died, or shall have ceased to be adherents of the said united body ; and such newly appointed Trustees and their successors so to be appointed, shall have full power and authority to hold and administer the trust or corporate property of such congregation
4. Conveyances heretofore made of any lands or real estate, with a view to the erection of any church, or any school in connection with the church, or of any manse or parsonage thereon, and whereon such church, school-house, manse or parsonage shall have been erected, and be now or at any time hereafter owned by any congregation in connexion with the said united body, shall be held, notwithstanding any want of form therein, to pass the fee simple in such land to the Trustees of such Church duly appointed under any Deed or Will, or under any Statute of this Province, or under this Act.
5. Conveyances of any lands or real estate heretofore made to Trustees, or to Trustees and their successors, for the use of any congregation or any church now or hereafter to be in connexion or communion with the said united body, shall be deemed valid conveyances in fee simple, notwithstanding that the heirs of the Trustees are not named, and notwithstanding that the manner of appointing successors is not provided in such conveyancing, or in any Will devising such lands.
6. Nothing in this Act contained shall abridge or take away the rights or privileges of any pew-holder, or any other person or persons whomsoever, without just compensation being first made to such person or persons, to be ascertained, in case of disagreement, by arbitrators to be mutually chosen.
7. This Act shall not be construed so as in anywise to repeal, alter, affect or vary any of the provisions in any special Act or Charter of Incorporation, or Deed of Trust, referring to any particular congregation, college, educational or other Institution or Trust connected with the Church ; but any additional rights or privileges conferred by this Act, shall be construed as supplementary to the provisions contained in any each special Act, Charter of Incorporation, or Deed of Trust.