CAP. CXLIV.

An Act respecting the Methodist New Connexion Church of Canada.

[Assented to 29th March, 1873.]

WHEREAS the denomination of Christians known in this Province and in the Province of Quebec as the Canadian Wesleyan Methodist New Connexion Church, and since the Annual Conference of 1866, generally called the Methodist New Connexion Church of Canada, was so constituted by the union of two denominations previously existing in said Provinces, and respectively named the Canadian Wesleyan Methodist Church and the Methodist New Connexion Church, which denominations united into one body under the name of the Canadian Wesleyan Methodist New Connexion Church, at a conference held at Hamilton in June, 1841, the terms of said union having been previously presented to the Quarterly Conference of each body and adopted by a majority of them : And whereas, the Annual Conference of the said Methodist New Connexion Church of Canada have by petition prayed that the property held by the trustees of each body previous to said union be confirmed to them (the united body) ; And whereas, also, the Annual Conference of the said church have by their petition represented that expense and delay are occasioned in disposing of property held by trustees of said church, by reason of the provisions of chapter sixty-nine of the Consolidated Statutes for Upper Canada, and prayed that the necessity of such expense and delay in disposing of property may be avoided in the Province of Ontario, and also that sales of real estate in Ontario, duly made by the trustees thereof and with the consent of the Annual Conference of the said Methodist New Connexion Church of Canada, since the passing of the said chapter sixty-nine of the Consolidated Statutes for Upper Canada, may be confirmed, notwithstanding such sales have not been made in exact compliance with sections nine and ten of said Act, and also for other purposes ; and it is proper that the prayer of such petition should be granted : Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :--

1. The real property held by or in trust for the Canadian Wesleyan Methodist Church, and the Methodist New Connexion Church, at the time of the union of said denominations at Hamilton, in June, 1841, is hereby declared to have become vested in the said united body, now known as the Methodist New Connexion Church of Canada, as fully and effectually as the same was vested previous to the said union in the said respective bodies.

2. So far as regards the Methodist New Connexion Church of Canada and the real estate held by or in trust for said church, or for the purpose thereof, in the Province of Ontario, and alienable by force of the said chapter sixty-nine of the Consolidated Statutes for Upper Canada, or otherwise, sections nine and ten of said Consolidated Statutes are hereby repealed, and section eight thereof is varied by striking out all words after the word "may," in the fourth line, and substituting therefor the words following ; "sell by private sale or public auction, with and on the written authority of the Conference for the time being of the said Methodist New Connexion Church of Canada, or such other authority as by the rules and regulations in force in such connexion from time to time may be requisite ;" but where the sale is at public auction, the trustees shall not be obliged to complete or carry a sale into effect, if in their judgment an adequate price is not offered.

3. So far as regards the said Methodist New Connexion Church of Canada, and real estate in the Province of Ontario held by them, section six of the said statute is varied by striking out all words prior to the word "nor," in the fifth line, and substituting therefor the words following :--"But the trustees shall not so lease without the written authority of the Conference for the time being of the said Methodist New Connexion Church of Canada, or such other authority as, by the rules and regulations in force in such connexion from time to time may be requisite."

4. A bona fide lessee, mortgagee, or purchaser for value shall not be bound to see or enquire whether the circumstances have arisen or occurred which warrant, or by the said Statute, or this Act, are made precedent to a lease, mortgage or sale, or conveyance thereon, either as to the purpose for which a mortgage may be granted, consent, necessity for retention or disposal of the property, notice of intended sale, or as to the validity of the appointment of trustees, or of the Conference for the time being, or otherwise.

5. All sales of real estate in the Province of Ontario, made by the trustees thereof with the sanction of the Annual Conference of said Methodist New Connexion Church of Canada, and all conveyances made in pursuance thereof, since the passing of the said chapter sixty-nine of the Consolidated Statutes for Upper Canada, are hereby ratified and confirmed, notwithstanding such sales and conveyances were not made in all respects in accordance with the said Consolidated Statutes.

6. The Model Deed in the Book of Discipline, called on the title-page "The Doctrines and Discipline of the Methodist New Connexion Church of Canada," and published at London, C.W., in the year 1866, as printed in said book, commencing on page ninety-seven, shall be altered as appears by the words in italics in the paragraphs numbered four, five, six, seven, and eight, in the first schedule hereunto annexed, so as more fully to provide, when necessary, for the erection of suitable buildings and premises in proper repair, and to more fully provide for the filling up of vacancies in the board of trustees, by the Quarterly Conference of the circuit or station in which such property may be situated, and to make the covenant of the grantor more explicit ; and it is hereby declared that from and after the passing of this Act, said schedule shall be considered as part of the Model Deed.

7. It is hereby declared that from and after the passing of this Act, in filling up vacancies in all trust boards settled on the model deed, the forms set forth in the first schedule to this Act shall be conformed to in like manner as trust boards formed after the passing of this Act.

8. From and after the passing of this Act it shall not be necessary for the trustees of said Methodist New Connexion Church of Canada to register a duplicate of the deeds of their church property in the full length and form of the model deed as printed in the discipline and altered by this Act, but simply to fill up, and duly execute and register in duplicate a form similar to the second schedule hereunto annexed, which form or schedule shall and does imply all the provisions, and shall be taken to have the same effect and be construed as if it contained the same words contained in said model deed as altered by this Act : The fee payable to the registrar in each case for the registration of the short form or reference deed as contained in the second schedule of this Act, including all entries and certificates, shall be fifty cents.

9. From and after the passing of this Act, the trustees of the several congregations in Ontario of the Methodist New Connexion Church of Canada, by whatever name they may hold lands conveyed to them under deeds containing trusts, provisions, conditions and agreements differing from those set out in the model deed as altered by this Act, may register in the registry office of the county where the lands so held by them respectively are situated, a declaration signed by a majority of the said trustees in the form of that set out in the third schedule to this Act ; and thereupon the lands described in said declaration shall be held by them, as such trustees, by the name set out in said declaration, under and upon the like trusts, and for the purposes and under the directions and provisions of the model deed as referred to in section six of this Act, as altered by the schedule first hereunto annexed, in every particular and respect as are therein expressed, contained and declared, saving and excepting, always any money lien that may have been acquired by any person or corporation prior to the passing of this Act. The fee payable to the registrar for the registration of such declaration, including all entries and certificates thereof, shall be fifty cents.

10. Whenever the words "Canadian Wesleyan Methodist New Connexion Church," "Canadian Methodist New Connexion Church," " New Connexion Church," or "Methodist New Connexion Church of Canada," occur in deeds, conveyances, or legal documents of any kind made previous to the passing of this Act, the same are hereby declared to refer to and mean the said denomination of Christians formed by the union at Hamilton, in June, 1841, of the said religious bodies respectively,, known up to that time as the Canadian Wesleyan Methodist Church, and the Methodist New Connexion Church.

11. The schedules and the directions and forms therein contained shall be deemed parts of this Act.

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SCHEDULES TO WHICH THIS ACT REFERS.

THE FIRST SCHEDULE,

CONTAINING PROVISIONS OF THE MODEL DEED.

1. To have and to hold, all and singular, the above-mentioned and described piece or tract of land and premises so situate, lying and being as aforesaid, together with all and singular the houses, out-houses, woods, ways, waters, privileges, and appurtenances belonging thereunto, or in any wise appertaining unto them the said party of the second part, and their successors in the said trust forever, for the site of a church or place of worship and burying ground, for the use of the members of the said Methodist New Connexion Church of Canada, according to the rules and discipline of the said New Connexion, in trust and confidence that they shall and will at all times hereafter forever, permit all and every the ministers of the said New Connexion of Methodists, who are or may hereafter be duly licensed or otherwise authorized by the Conference of the said Connexion, to preach and perform Divine service in said house, and burial service in said burying around, according to the rules, discipline and customs of said Connexion.
2. And in further trust and confidence that the said trustees for the time being shall, if they think fit, permit the regular ministers of any other Protestant denominations of Christians, to preach and perform Divine service in the said house, when it shall not be required for the use of the ministers as for religious services of the said Methodist New Connexion.
3. And also in further trust and confidence that the said trustees for the time being, or a majority of them, shall and may at any time or times, or at such times as they or a majority of them shall deem expedient, set apart and appropriate so much of the above granted and described premises, as may be necessary for the use and purposes of a parsonage or place of residence for the ministers of the said Connexion, and to build, or cause or allow to be built thereon, fit and proper buildings for said purpose.
4. And in further trust and confidence at all times to permit and suffer such minister or ministers of the aforesaid Methodist New Connexion Church of Canada, to reside in, use, and occupy and enjoy, free from the payment of rent for the same, the said tract of land and dwelling-house or dwelling-houses, with the appurtenances thereon for that purpose, so long as said minister or ministers shall retain their appointments for the said circuit or station on which the same may be situated, and continue in good standing with the Conference, without dismissal or suspension therefrom, and no longer.
5. And further to cause such repairs and improvements as from time to time may be deemed necessary and proper to be done to said property, or to make agreement with the minister in possession relative thereto.
6. And it is further provided and declared that the board of trustees shall appoint any two of their number as trustee-stewards, one of whom shall act as secretary and the other as treasurer-steward, under the full directions, control and appointment of said board of trustees, or the major part of them, and it shall be in the power of said trust board upon sufficient cause to remove said stewards, and appoint others in their places.
7. Provided always, and it is hereby declared to be the true intent and meaning of this Indenture, and of the parties hereto, that if any of them the said trustees, or any future trustee or trustees to be appointed under this present provision, shall die, or if any of them shall go to reside beyond the distance of twenty miles from said premises, and continue to reside beyond such distance from such premises for the space of two years, or shall cease to be a member of the Methodist New Connexion Church of Canada, or shall be convicted of felony or any other crime, or shall refuse or decline, or otherwise become incapable of acting as trustee or trustees, when and as often as the same shall happen, the Quarterly Conference of the circuit or station in which the said property is situated, shall within one year from the time of their being officially notified by the trustee-steward of said property, appoint from among the members of said church one or more trustees to serve in the room and stead of those who have ceased to be such trustees. But if the trustee-steward shall fail to give the Quarterly Conference notice of such vacancy or vacancies above referred to, the Quarterly Conference, on becoming aware of such vacancy or vacancies by any means, shall appoint a committee of not less than three of its members, with the superintendent minister of the circuit, who shall report as to the fact of such vacancy or vacancies, and the next ensuing Quarterly Conference shall make the appointment of a trustee or trustees to fill the place of such trustee or trustees as have become disqualified or ceased to act. A full record of all such proceeding shall be made in the circuit books of such circuit or station where such property is situated ; and the trustee or trustees so appointed shall be held and deemed to be the lawful successor or successors of the said above named trustees of the second part, and shall have in perpetual succession the same capabilities, rights, powers and duties as are given to the said above named trustees, in and by this indenture and by the statutes above referred to. And to the intent and end that evidence of the due nomination and appointment of succeeding trustees, in the said trust, may be preserved, the trustees for the time being are hereby required to keep a book of record, in which the name or names of any person or persons nominated and appointed as aforesaid, and also the manner of the nomination and appointment, and all the proceedings relating thereto, shall be entered therein.
8. The said grantor covenant with the said grantees, that he ha the right to convey the said land to the said grantees, notwithstanding any act of the said grantor ; and that the said grantees shall have quiet possession of the said lands, free from all encumbrances. And the said grantor covenant with the said grantees, that he will execute such further assurances of the said lands as may be requisite. And the said grantor covenant with the said grantees that he will produce the title deeds enumerated hereunder, and allow copies to be made of them at the expense of the said grantees. And the said grantor covenant with the said grantees that he ha done no act to encumber the said lands. And the said grantor release to the said grantees all claims upon the said lands. And the said wi of the said grantor hereby bar dower in the said lands.

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THE SECOND SCHEDULE.

(Containing the reference deed or short form for registration.)

[DIRECTIONS AS TO THE FORMS IN THIS SCHEDULE.--Parties who use this form will observe that it is made out for dower. When the grantor or grantors are unmarried, the dower will be erased. In that case the grantees (trustees) become the parties of the second part.]

This indenture, made (in duplicate) on the day of , one thousand eight hundred and , in pursuance of the Act passed by the Legislature of Ontario in the thirty-sixth year of the reign of Her Majesty Queen Victoria, and chaptered , and in pursuance of the Act respecting short forms of conveyances, between hereinafter called the grantor of the first part, and , wi of the said of the first part, of the second part, and , hereinafter called the grantees of the third part, witnesseth that the said grantor , for and in consideration of the sum of dollar money of Canada, now paid by the grantees to the said the receipt whereof is hereby acknowledged, the said grantor do grant unto them, the said grantees by the name and style of the Trustees of the Congregation of the Methodist New Connexion Church of Canada, in the of , in the county of , and Province of Ontario, and their successors in said trusts for ever, all and singular that certain lot, parcel or tract of land situate, lying and being in the , in the county of , and Province aforesaid, and which may be more particularly known and described as follows : that is to say, commencing

Now, this indenture further witnesseth, that the lands described herein shall be held by the said trustees and their successors for the purposes, and under the directions and provisions of the model deed, as printed in the book of Discipline of the Methodist New Connexion Church of Canada, published at London, C.W., in the year one thousand eight hundred and sixty-six, commencing on the ninety-seventh page, and as altered by an Act passed by the Legislature of Ontario in the thirty-sixth year of the reign of Her Majesty Queen Victoria, and chaptered , under and subject to such and the same powers, provisions, declarations and agreements, and to be controlled and managed by the trustees, acting in the same manner and with the same duties and restrictions in every particular as are expressed in the said model deed as altered by said Act in the thirty-sixth year of Her Majesty's reign.
And the said wi of the said grantor hereby bar dower in the said lands.
In witness whereof, the said parties to this indenture have hereunto set their hands and seals on the day and year above written.

Signed, sealed and delivered, in presence of } [L.S.]

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THIRD SCHEDULE.

Declaration made in pursuance of section nine of an Act passed by the Legislature of Ontario, in the thirty-sixth year of the reign of Her Majesty Queen Victoria, and chaptered

Know all men by these presents, that whereas we (setting out names of trustees or majority of trustees holding lands) do hold the lands and premises hereinafter set out as (give name of trustee board as contained in deed granting to them) we, in pursuance of the provisions of section eight of an Act passe in the thirty-sixth year of the reign of Her Majesty Queen Victoria, chaptered , do hereby declare that, from and after registration hereof, we hold the said lands and premises under the provisions of the model deed, as altered by the said Act, under the name of the Trustees of the Congregation of the Methodist New Connexion Church of Canada, and the said lands and premises are described as follows, that is to say (insert description).
In witness whereof, we have hereunto set our hands and seals this day of , A.D. 18 .

Signed, sealed and delivered, in presence of } [L.S.]

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© Queen's Printer for Ontario, 1873. This is an unofficial version of Government of Ontario legal materials.