CHAP. 106.

An Act reflecting the Union of certain Methodist Churches therein named.

[Assented to 19th April, 1884.]

WHEREAS the Methodist Church of Canada, The Methodist Episcopal Church in Canada, the Primitive Methodist Church in Canada and the Bible Christian Church of Canada have agreed to unite under the name of "The Methodist Church," on the basis of union adopted by the said four denominations, which said basis of union is set forth in Schedule A of this Act, and the rules, regulations and discipline also adopted by the said four denominations in a general convention or conference assembled at the City of Belleville, on the fifth day of September, one thousand eight hundred and eighty-three ; and whereas the said four denominations have, by petition, set forth that they are desirous of having the said union ratified, and that they may be incorporated under the name of 'The Methodist Church," with power to hold all the property, real and personal, belonging to the said four denominations, upon the trusts and for the purposes hereinafter set out ; 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 Senate and House of Commons of Canada, enacts as follows :--

1. The Reverend Samuel Dwight Rice, D.D., President of the General Conference of the Methodist Church of Canada, the Reverend Albert Carman, Bishop of the Methodist Episcopal Church in Canada, the Reverend J. Goodman, President of the Primitive Methodist Church in Canada, the Reverend W. Pascoe, President of the Bible Christian Church of Canada, and the Reverend Alexander Sutherland, D.A., secretary of the joint committee on union, and all members of the said general convention or conference, together with all other persons who now are ministers or members of any one of the said four denominations, or who, under the said basis of union, rules, regulations and discipline, are now or may hereafter become members of the said Methodist Church, are hereby constituted and declared to be a body corporate and politic, by the name of "The Methodist Church."

2. The objects of the said Corporation are as set out in the said basis of union, rules, regulations and discipline.

3. All copies of the said basis of union, rules, regulations and discipline, or any amendments or alterations thereof published in any book of discipline or journal of conference under the direction or authority of the general conference of the said church, or a copy of any by-law or resolution of the said general conference, under the seal of the corporation, and signed by the Secretary shall be prima facie evidence in all courts of the contents thereof.

4. All the estate, real and personal, belonging to, held in trust for or to the use of the said denominations or any of them, or belonging to or held in trust for or to the use of any corporation under the government or control of any of the said four denominations, shall henceforth be held and vested in the said corporation and shall be used and administered for the benefit of the said Methodist Church

5. All the property real and personal under the jurisdiction of the Parliament of Canada, held in trust for or to the use of any congregation, congregations, circuit, station or mission, of any of the said four denominations is hereby vested in the said church, and shall be held for the use of such congregation or congregations, circuit, station or mission in connection with the said Methodist Church upon the trusts and subject to the provisions set forth in Schedule B of this Act ; and all lands and premises acquired by or for the said corporation for a church, chapel, meeting house, parsonage, school building or burial ground in connection with any congregation or congregations, circuit, station or mission, shall be held, used and administered upon the said trusts, and the respective trustees thereof shall hold, use and administer the same in trust for the said corporation upon the trusts set forth in the said schedule.

6. In any deed or conveyance to said trustees the form of words contained in column one of the said schedule B and distinguished by any number therein, shall be taken to be equivalent to the form of words contained in column two of the said schedule B and distinguished by the same number.

7. Subject to the provisions of the said basis of union, the said corporation may, from time to time, appoint and, as they see occasion, remove all officers, agents and servants, and from time to time, make, alter or vary any by-laws, rules or regulations touching and concerning the time and place of holding meetings and notices thereof, and for the good ordering, discipline and government of the said church, and the performance of divine worship in any of the churches of the said corporation, and all matters respecting the same, and all other matters and things which to them seem good, fit and useful for the well ordering, governing and advancement of the said church.

8. The said corporation may appoint boards or committees composed of the members thereof, to take charge of or deal with and dispose of the respective funds, including book and publishing interests and other interests, belonging to the said church, as set out in their basis of union and in accordance therewith, and may establish such other funds as may be deemed expedient, and may appoint boards or committees of the members of the said corporation to take charge of, deal with and dispose of the said funds so formed, in accordance with the provisions of the said basis of union.

9. Subject to the provisions in section five hereinbefore contained, the said corporation may receive voluntary conveyances of, and may purchase, hold and convey such real estate as the purposes of the said corporation require : Provided that the Corporation shall, within ten years after its acquisition of any such real estate, sell or otherwise dispose of and alienate so much of such real estate, as is not required for the use and occupation or other like purposes of the Corporation.

10. Subject to the provisions in the said section five hereinbefore contained, the said corporation shall be capable of taking, holding and receiving any real or personal estate by virtue of any devise contained in any last will and testament of any person whatever : Provided always, that such devise of real estate shall be subject to the laws respecting devises of real estate to religious corporations in force at the time of such devise, in the Province in which such real estate is situated, so far as the same apply to the said corporation.

11. The said corporation shall have authority to alienate, exchange, demise, let or lease for any term of years such messuages, lands, tenements, hereditaments and immovable property as shall be given, granted, purchased, appropriated, devised or bequeathed to the said corporation for all or any of the purposes thereof, subject to the proviso in section nine contained.

12. The said Corporation shall have power to make advances, by way of loan or gift, out of its funds not required to meet ordinary expenses and disbursements, to assist in the erection or maintenance of colleges, schools or parsonages, as the general conference or committee having charge of the fund may direct ; and may take or hold any real or personal estate or securities thereon, mortgaged or assigned to the said corporation to secure payment of such loan, or to secure payment of any debts or demands due to the said corporation, and may proceed on such mortgages, assignments or other securities for the recovery of the money thereby secured either at law or in equity or otherwise; and generally may pursue the same course, exercise the same powers, and take and use the same remedies to enforce the payment of any debt or demand due to the said corporation as any individual or body corporate may, by law, take or use for a like purpose.

13. The said corporation may for the purpose of investment, lend money upon the security of real estate, purchase debentures of municipal or public school corporations, or Dominion or Provincial stock or securities, may sell any such securities as to it may seem advisable, and for that purpose may execute such assignments or other instruments as are necessary for carrying the same into effect ; and for such purposes of investment, may make advances to any person or persons or body corporate upon any of the above mentioned securities at such rate of interest, not exceeding eight per cent. per annum, as is agreed upon : Provided however, that nothing in this Act contained shall be construed to limit the power of such corporation to make such investments of its capital or surplus income which it otherwise has by virtue of its corporate existence.

14. The said corporation shall have power to borrow any sum or sums of money from banks or other corporations, or from private persons, as in the opinion of the general conference, or the board or committee having charge of any of the funds of the said corporation, may be required for the purposes thereof, and may, under the direction of the said general conference or committee having charge of such fund, hypothecate, mortgage or pledge so much of the real or personal property held in trust for such fund as is necessary to secure any sum or sums of money so borrowed.

15. The real and personal property which may become vested in the said corporation, and which heretofore has been held by or in trust for any one of the said churches or denominations upon any special trust for missionary or other purposes, shall, subject to the provisions of the basis of union, until otherwise directed by the general conference, on the advice of the board or committee having charge of the fund, be held upon similar trusts and for similar purposes.

16. The said corporation may provide a duplicate of the seal thereof for each of the annual conferences from time to time existing, and the custody of the said seal shall be as may be directed by the said corporation, and the same may be affixed by such officers as the said general conference by by-law or resolution directs ; and until direction by the said general conference, the same may be affixed to any conveyance of property within the bounds of any of the said annual conferences by the president or secretary of such annual conference, and may, for the purpose of conveying any property in charge of any board or committee of' the said corporation, be affixed by the chairman of the said board or committee, or such other officer as the board or committee directs.

17. All resolutions passed by the general conference of the said corporation shall have the force and effect of by-laws, and no formal by-law shall be required for the purpose of managing the affairs of the said corporation.

18. The said corporation in receiving, taking or holding any property heretofore held by any of the said four denominations, shall not in anywise become responsible or liable for the debts or obligations which have been contracted in respect thereto, but the property specially charged with the said debts, and persons who have become liable in respect to the said debts or obligations, shall remain liable in the same manner and to the same degree as if the said union had not been effected, or this Act had not been passed, save in so far as the said corporation, by the basis of union, has undertaken the payment of any such debts or obligations.

19. The said basis of union adopted by the said four denominations, and the rules, regulations and discipline also adopted by the said four denominations in the said general conference or convention held at the said City of Belleville, are hereby declared to be binding on the said corporation and all the members thereof, until the same shall have been altered or varied in accordance with the provisions therein contained, and the officers and boards of management appointed by the said general conference or convention are hereby declared invested with the powers sought or declared to be conferred upon them by the said convention or conference.

20. Nothing in this Act contained shall prejudice or affect any existing right or interest in the superannuation fund of any of the said four denominations, or any cause of action in respect thereof.

21. This Act shall come into force on the first day of June, one thousand eight hundred and eighty-four : nevertheless, the annual conference of any of the said four denominations which have not met before the said date, may meet during the said month of June to complete the business of the year.

22. All Acts and portions of Acts inconsistent with the provisions of this Act are hereby repealed, in so far as may be necessary to give full effect to this Act.

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SCHEDULE A.
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THE BASIS OF UNION

Between

The Methodist Church of Canada, the Methodist Episcopal Church in Canada, the Primitive Methodist Church in Canada, and the Bible Christian Church of Canada, as adopted by the General Conference, in September, 1883.

1. DOCTRINES, GENERAL RULES, ORDINANCES, ETC.

The doctrinal basis of the United Church shall be the standards of doctrine and articles of religion contained in the Book of Discipline of the Methodist Church of Canada, edition of 1879, from page 13 to page 21. That portion of the Book of Discipline of the said Methodist Church of Canada, edition of 1879, from page 21 to page 33, referring to general rules, ordinances, reception of members, and means of grace, is also adopted as part of the basis.

II. CHURCH GOVERNMENT.

(1.) The General Conference.

1. There shall be a Quadrennial General Conference, composed of all equal number of ministerial and lay delegates, elected as hereinafter provided, with power to make rules and regulations for the entire Church. (See " Annual Conferences," paragraph 9.)

2. No change shall be made in the basis of union, affecting constitutional questions, or the rights and privileges of ministry or laity, except by a three-fourths majority of the General Conference, and, if required by either order of ministry or laity, a two-thirds majority of each order voting separately.

3. There shall one or more itinerant general superintendents elected by the General Conference, to hold office for the term of eight years : but if it be decided at the meeting of the General Conference, after union, to elect two general superintendents, one of them shall be elected for four years only, so that there may be a recurring election or re-election every four years.

4. A general superintendent shall preside over all sessions of the General Conference, and over all standing committees of the same.

(2.) Annual Conferences.

1. The territory occupied by the church shall be divided into conferences as the General Conference from time to time may direct.

2. Each annual conference shall be composed of all ministers in full connection within its bounds, and an equal number of laymen, elected as elsewhere provided. (See "District Meetings," paragraph 6.)

3. Laymen elected shall have the right to be present at all ordinary sessions of the annual conference, and to speak and vote on all questions, except the examination of ministerial character and qualification, the reception, by vote, of probationers into full connection and ordination, and the granting of the superannuated or supernumerary relation,--on which exceptive questions ministers alone shall take action. In case any minister's character shall be arrested, it shall be competent for the ministerial members to meet in special session to examine into the case and pronounce judgment, reporting their action to the mixed conference, such report to be for information and record, and not for discussion.

4. Each annual conference shall have authority to elect a president from among its ministerial members.

5. The general superintendent, when present, shall open the annual conference and preside during the first day of its sessions, and afterwards alternately with the president elected by the conference : in the absence of a general superintendent, the president of the previous year shall take the chair and open the conference : in association with the president, the general superintendent shall conduct the ordination service, and they shall jointly sign the ordination parchments. But all other duties pertaining to the presidency of the annual conference shall be vested in the president elected by that body, and in the absence of the general superintendent, he shall conduct the ordination.

6. The president of the annual conference shall be ex officio superintendent of the district in which he maybe stationed during the year of his presidency.

7. The annual conference shall elect by ballot, without debate, a secretary or as the case may require.

8. The annual conference shall elect by ballot, without debate, a superintendent for each district, from among the ordained ministers within the bounds of such district.

9. Each annual conference, at its session next preceding the sessions of each General Conference, shall divide into ministerial and lay electoral conferences, for the purpose of electing delegates to the General Conference, each body electing its own representatives. The delegates shall be elected from within the bounds of said conference, and the vote shall be by ballot.

10. Each annual conference, shall have a stationing committee, composed of the president of the conference (who shall preside in the committee), the superintendents of districts, and one minister elected by each district meeting,-- such election to be by the joint votes of ministers and laymen.

11. Each annual conference shall have authority to elect into full connection and ordain any probationer within its bounds who has travelled four years and fulfilled all disciplinary requirements : also, to elect and ordain probationers of less than four years' standing when the necessities of the world require it.

12. All preachers who have received ordination in any of the uniting bodies, and are in good standing at the time of the union, shall retain all rights and privileges conferred by such ordination.

(3.) District Meetings.

1. The territory occupied by each annual conference shall be divided into districts.

2. Each annual district meeting shall consist of all the ministers and probationers for the ministry within its bounds, and one lay delegate for each minister or probationer in the active work from each circuit, mission or station throughout the district ; said delegates to be elected by the quarterly meetings, as hereinafter provided.

3. Each district shall be under the supervision of a presiding officer, to be called the district superintendent, who shall be elected by the annual conference, as elsewhere provided. He shall preside in the district meetings, oversee the temporal and spiritual interests of the church in his district ; and, with the ministers and probationers under his charge, shall administer and enforce the discipline of the church, being responsible therefor to the annual conference.

4. The district superintendent shall fix the time and place of the first district meeting, after which he shall fix the time, and the district meeting shall fix the place : in the absence of the district superintendent, the district meeting shall elect from among its ministerial members, by ballot, without debate, a chairman pro tempore.

5. The examination of ministerial character shall be business of the first day of the district meeting, and shall be confined to the ministerial members alone.

6. The lay members of the district meeting shall meet separately some time during the session, and elect by ballot, without debate, lay representatives to the annual conference, in the proportion of one for each minister in full connection within the bounds of the district. Laymen to be eligible must be at least twenty-five years of age, and must have been members of the church in good standing for the five consecutive years next preceding the election.

(4.) Quarterly Meetings.

1. There shall be a quarterly official meeting on each circuit, mission or station, consisting of the ministers and probationers for the ministry, the local preachers, the exhorters, the circuit stewards, the leaders of classes, the superintendents of sabbath schools (being members of the church), one representative from each board of trustees,-- he being a member of the church ; and also of additional representatives who may have been appointed by the societies of the circuit. The apportionment, scale and mode of election shall be arranged by the fourth quarterly meeting of the year ; but such additional representatives shall not exceed the number of the stewards on the circuit.

2. The superintendent of the circuit shall be the chairman of the quarterly meeting, except when the superintendent of the district shall be present, in which case the latter may preside.

3. The quarterly meetings shall hear complaints, and receive and try appeals ; and recommend candidates for the ministry ; manage and control circuit finances ; and discharge such other duties as the General Conference may, from time to time, determine.

4. The quarterly meetings shall, at the fourth regular meeting of the year, elect by ballot, without debate, the lay delegates to attend the ensuing annual district meeting, in the proportion of one delegate for each minister or probationer in the active work on the circuit.

N OTE.--Regulations concerning the licensing of local preachers and exhorters are referred to the first General Conference.

III. CHURCH PROPERTY.

1. Upon the ratification of the union, such legislation shall be obtained from legislatures having competent jurisdiction, as shall vest in the united church all property now held by, or in trust for, the respective churches entering into the union.

2. As it is probable, that in some instances church and parsonage property now in use will not be required, after the union, for church or circuit purposes, it is recommended that a committee, consisting of the district superintendent, two ministers and two laymen, be appointed at the district meeting in each district where any such property may be situated, who shall act conjointly with the trustees on each circuit in determining what property shall be retained for use, and what shall be sold.

3. In all cases where such church or parsonage property may be sold, the proceeds arising from the sale may be applied,--

(1.) To the payment of any debts or claims upon or in respect of such property ;

(2.) To the payment of any debts upon the property retained for use by the congregation formerly using the property so sold or in building a new church or parsonage where necessary for the united congregation ;

(3.) The balance, if any, to be applied, with the consent of the trustees, to the use of the church and parsonage aid fund of the united church, in the annual conference in which such property is situated.

N OTE.--The regulations contained in clause 3, and its sub-sections in so far as they apply to property held by the Bible Christian church, shall be subject to the regulations adopted in regard to church funds respecting the debt of the missionary fund of said church.

IV. CHURCH FUNDS.

(1.) The Superannuation Fund.

There shall be in the united church, a superannuated ministers' fund for the western conferences, and a supernumerary ministers' fund for the three conferences in the Maritime Provinces,-- which funds shall, for the present, be under the management of separate boards, as has been the practice in the Methodist Church of Canada. As no change is deemed necessary in regard to the supernumerary fund of the eastern conferences, the recommendations which follow, save the final one, are to be understood as referring solely to the superannuation fund of the western conferences.

2. The Methodist Church of Canada, having an invested capital for the three western conferences of over ninety-one thousand dollars, it is agreed that the other churches uniting shall supply such an amount of capital to said superannuation fund, as shall place their ministers on an equality with the ministers of the said three western conferences.

3. No change shall be made in regard to the claims of any minister holding a permanent superannuated relation at the present time (i.e., 1882) ; and they shall receive on the basis of their present claims as far as the annual income will allow.

4. Income arising from annual collections and subscriptions in all congregations of the united church, annual subscriptions by ministers of the same, and any amount appropriated from time to time out of the funds of the missionary society, shall be used in meeting payments to all claimants on the fund, without distinction.

5. Income arising from the invested capital now held by the Methodist Church of Canada for this fund, and the amount annually received from the profits of the Toronto book-room (until such time as the publishing interests of the other uniting churches shall be amalgamated and their assets equalized with those of said book-room), shall be used exclusively for the benefit of the claimants on the superannuation fund now connected with the Methodist Church of Canada, and the claims of ministers now in the active work of that church who may become superannuated after the union.

6. The rule adopted above, in clause 5, shall apply in the case of the Methodist Episcopal, Primitive Methodist and Bible Christian Churches, in regard to any book-room or other assets available for their respective superannuation funds, until the amalgamation referred to in said clause is accomplished.

7. So soon as the Methodist Episcopal, Primitive Methodist or Bible Christian Churches shall furnish an amount of capital equal, in proportion, to that now held by the Methodist Church of Canada, the superannuated ministers of such uniting churches, and those who may become superannuates after union, shall have a claim on the proceeds of the whole invested capital in common with those who are now ministers of the Methodist Church of Canada.

8. If the income of any year shall not be sufficient to meet the claims in full, then all claimants shall share in the deficiency in proportion to the amount of their claim.

9. If any one of the three uniting churches aforesaid shall fail to provide its full proportion of invested capital, ministers of these churches who are now, or may hereafter become, superannuates, shall draw in proportion to the amount of capital actually provided.

10. In case of failure by any of the churches above mentioned to provide invested capital, it shall be competent for any minister of such churches to provide his individual share of such capital, and thereafter to draw from the proceeds of the investments in the same manner as superannuates of the present Methodist Church of Canada : this latter provision shall apply to any minister now on the superannuated lists of the Methodist Episcopal, Primitive Methodist or Bible Christian churches.

11. The principles embodied in the foregoing regulations shall be applied in adjusting the relations, to the supernumerary minister's fund of the three eastern conferences, of any ministers of the Bible Christian Church who may be included by the union in any of the said conferences.

N OTE.--A committee has been appointed, with power to employ an actuary, if necessary, to make a careful estimate of the value of existing investments belonging to the superannuation funds, and report at the first General Conference.

(2.) The Missionary Fund.

1. On the consummation of the union there shall be one missionary fund for the whole church.

2. The missionary society of the Methodist Church of Canada having no debt, and the income and expenditure being equal, no recommendation is necessary.

3. The missionary society of the Methodist Episcopal Church has a debt of ten thousand dollars, incurred in the purchase of property and the erection of churches in Manitoba, the property being held by the society as security for the debt : this debt is to be liquidated out of the assets of the society before the consummation of the union.

4. The missionary society of the Bible Christian Church has a debt of twenty-one thousand and eighty dollars, less about three thousand dollars, on which annuities are paid at six per cent. per annum, which annuities will probably cease in a few years. As this debt was incurred in the purchase and erection of mission churches and parsonages, it is considered a legitimate claim against such property : it is therefore agreed that the next annual conference of the Bible Christian Church shall make arrangements to distribute the missionary debt among the several properties, to erect or purchase which said debt has been incurred : but in case any property belonging to the Bible Christian Church be sold, the proceeds, after paying other debts of the trust shall, be applied to the reduction of the said missionary debt.

5. The above mentioned debts being provided for as aforesaid, the churches included in the union are to unite on equal terms.

(3.) The Contingent Fund.

As the invested capital of the continent fund of the Methodist Church in Canada belongs to the three western conferences of that church, it is agreed that it be left to the said conferences to propose a plan for dealing with said investments, and report the same to the General Conference of the Methodist Church of Canada, at the special session to be held before the union is consummated. As the other conferences and churches have no such invested capital, all further action on the subject is referred to the first General Conference of the united church.

(4.) The Children's Fund.

As there are no investments in connection with this fund in any of the uniting churches, it is agreed that the whole question be relegated to the first General Conference of the united church, to determine on what basis, if any, a children's fund shall be maintained.

V. BOOK AND PUBLISHING INTERESTS.

1. The Halifax book-room and weekly paper shall be continued as at present, on account of their geographical position.

2. The Toronto book-room, with its various publications, will also be maintained, and no serious difficulty is apprehended in the way of consolidating the other publishing interests in the west, at an early date, after the union is effected.

3. As the assets of the book and publishing house of the Methodist Church of Canada for the three western conferences are larger in proportion to the number of ministers in those conferences than the similar assets of any of the other contracting parties, it is agreed that each minister of the Methodist Episcopal, Primitive Methodist and Bible Christian Churches, entering the union, shall pay into the general publishing fund such a sum as will make his interest equal to the per capita interest of the ministers of the three western conferences aforesaid..

4. In equalizing the per capita interest as above, payments may be made in cash, or by notes, payable in one or two years from the date of union ; such notes to bear interest at six per cent. per annum.

VI.--EDUCATIONAL INTERESTS.

1. The Methodist Church of Canada and the Methodist Episcopal Church have a number of educational institutions in successful operation : the Primitive Methodist and Bible Christian Churches, have no such institutions in this country.

2. The educational institutions in the Maritime conferences present no difficulty in the way of union, and no change is recommended in their present relations.

3. In regard to the western conferences, it is believed that those institutions which possess university powers, can be consolidated to the honor of their graduates, and the advantage of their educational work.

4. It is recommended that the United Church adhere to the traditional policy of Methodism in regard to education, believing that the best interests of the church and of education imperatively demand that our colleges and universities should be under the fostering care of the church.

VII.--MISCELLANEOUS RECOMMENDATIONS.

(1.) Composition of the First General Conference.

The General Conference of the Methodist Church of Canada, having authorized the calling of a special session in 1883, to give effect to the union, provided a satisfactory basis is secured, it is recommended :

(a.) That in case the basis of union is approved by the requisite majorities in the quarterly meetings and annual conferences of the churches proposing to unite, it shall be competent for the annual conferences of the Methodist Episcopal, Primitive Methodist, and Bible Christian Churches, to elect delegates to the first General Conference of the United Church in the proportion of one out of ten ministers in full connection, with an equal number of laymen, elected in annual conference or district meeting, as the case may be ; and these, together with the delegates composing the present General Conference of the Methodist Church of Canada, meeting in joint session after the latter body shall have closed the special session above alluded to, shall compose the first General Conference of the said United Church, with power to perform such acts as may be necessary to the final ratification of the union, and all other acts which come within the province of a general conference.

(b.) The annual conference and district meetings of the Methodist Church of Canada shall have authority to fill vacancies that may have occurred in their delegations, either lay or clerical, by the usual mode of election.

(2.) Expenses of General Conference.

If the basis of union be approved, it is recommended that the various annual conferences make provision for taking up a collection in every congregation for the expenses of the first General Conference.

(3 ) Transfer of Ministers.

The Joint Committee recommends to the first General Conference the matter of making provision for the transfer of ministers from one Conference to another, so as to give all reasonable facilities for meeting the wants of the work.

(4.) Time of First General Conference.

In the event of the basis of union being approved, it is recommended that the first General Conference of the United Church be held in the Methodist Episcopal Tabernacle, in the City of Belleville, on the first Wednesday in September, 1883, commencing at nine o'clock in the forenoon.

(5.) Name.

The adoption of a name for the United Church is referred to the first General Conference ; but the Committee recommend that it be called "The Methodist Church."

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SCHEDULE B.

COLUMN ONE. | COLUMN TWO.
1. Upon trust to build a church and other buildings. | 1. Upon trust that they, the said trustees and their successors, or the trustee or trustees for the time being, acting in the trusts herein, shall and do with and out of the moneys now or which may hereafter be possessed by them or him for that purpose, and as soon as conveniently may be, erect and build upon the land held in trust, or some part thereof, and from time to time and at all times hereafter, whenever it shall be necessary for the due accomplishment of the trusts or of any of them, repair, alter, enlarge and rebuild a church or place of religious worship, and a dwelling house or dwelling-houses, vestry room or vestry rooms, school room or school rooms and other offices, conveniences and appurtenances, or with or without any of them respectively, as the trustees for the time being of shall, from time to time, deem necessary or expedient.
2. To permit buildings to be used as a church by the Methodist Church. | 2. And upon further trust, from time to time and at all times after the erection thereof, to permit and suffer the said church or place of religious worship, with the appurtenances to be used, occupied and enjoyed as and for a place of religious worship by a congregation of the Methodist Church, and for public and other meetings and services of a religious or spiritual character, held according to the rules, discipline and general usages of the said Church, and do and shall, from time to time, and at all times hereafter, permit and suffer such person or persons as are hereinafter mentioned or designated, and such person and persons only, to preach and expound God's holy word, and to perform the usual acts of religious worship therein and burial services in the burying ground thereto belonging ; that is to say, such person and persons as shall be, from time to time, approved and for that purpose duly appointed thereto in accordance with the rules and discipline of the said Methodist Church, and no other person or persons whomsoever.
3. To permit dwelling house on said premises to be used by the minister in charge. | 3. And upon further trusts from time to time and at all times hereafter, to permit and suffer such minister or ministers of the aforesaid Methodist Church in Canada to reside in, use, occupy and enjoy free from the payment of any rent for the same, the dwelling house or dwelling houses, with the appurtenances (if any there be) erected thereon for that purpose, during such time and times as the said minister or ministers shall and may be duly authorized so to do, by his or their being appointed in accordance with the rules and discipline of the said Methodist Church to the circuit or station in which the same may be situated, without the let, suit, hindrance, or denial of the said trustees, or of any person or persons on their or any of their behalf ; and it is hereby declared, that the times and manner of the various services and ordinances of religious worship to be observed and performed in the said place of religious worship, shall be regulated according to the rules and discipline and general usage of the Methodist Church, and that the officiating minister for the time being, whether appointed by the said conference, or permitted or appointed by the said superintendent minister for the time being, or otherwise permitted or appointed, as in these presents is mentioned, shall have the direction and conducting of the same worship, in conformity, nevertheless, to the said rules and discipline and general usage of the said Methodist Church ; Provided always, that no person or persons whomsoever shall at any time hereafter be permitted to preach or expound God's holy word, or to perform any of the usual acts of religious worship upon the said parcel or tract of land and hereditaments, or in the said church or place of religious worship and premises, or any of them, or any part or parts thereof, or in or upon the appurtenances thereto belonging, or any of them, or any part or parts thereof, who shall maintain, promulgate, or teach any doctrine or practice contrary to what is contained in certain notes on the New Testament, commonly reputed to be the notes of John Wesley, and in the first four volumes of sermons commonly reputed to be written and published by him.
4. To permit Sunday schools to be carried on in said church. | 4. And upon further trust, in case a school room or school rooms shall be erected or provided upon the said parcel or tract of land, or any part thereof, as aforesaid, or if there shall be no separate school room or school rooms, and it shall, by the trustees, or the major part thereof, be thought necessary or expedient to hold and teach a Sunday school in any proper part of the said Church or place of religious worship, then to permit and suffer a Sunday school to be held, conducted and carried on from time to time in said school room, or school rooms, or if it shall be thought necessary or expedient, as aforesaid, in the said church or place of religious worship, as aforesaid, but if in the said church or place of religious worship, then only at such hours and times as shall not interfere with the public worship of Almighty God therein, and in all cases, whether in said church or place of religious worship or not, under such government, orders and regulations as the general conference of the said Methodist Church have directed or appointed, or shall hereafter, from time to time, direct or appoint, and also, subject always to the proviso hereinbefore contained respecting doctrines.
5. To take down, and remove buildings and to rebuild. | 5. Provided always, that it shall be lawful for the said trustees, or the major part of them, when and so often as they shall deem the same necessary or expedient, to take down and remove the said church, vestry room, or vestry rooms, school room or school rooms, dwelling house or dwelling houses, offices, conveniences or appurtenances to the said church or place of religious worship, or premises belonging or appertaining, or all or any of them, or any part or parts thereof, respectively, for the purpose of rebuilding the said church or place of religious worship, or for the purpose of rebuilding any other vestry room or vestry rooms, school room or school rooms, dwelling house or dwelling houses, offices, or conveniences or appurtenances, or enlarging or altering the same respectively, or all or any of them, so as to render the premises better adapted to and for the due accomplishment of the trusts, intents and purposes of these presents.
6. To mortgage. | 6. It is hereby declared that from time to time and at all times hereafter it shall and may be lawful to and for the trustees, or the major part of them, to mortgage, and for that purpose to appoint, convey and assure, in fee or for any term or terms of years, the said parcel or tract of land, church, or place of religious worship, hereditaments and premises or any part or parts thereof respectively, to any person or persons whomsoever for securing such sum or sums of money as may be requisite or necessary in or for the due execution and accomplishment of the trusts and purposes of these presents or any of them, according to the true intent and meaning thereof ; but it is hereby declared that it shall not be incumbent upon any mortgagee or mortgagees or upon any intended mortgagee or mortgagees of the said trust premises or any part or parts thereof, to inquire into the necessity, expediency or propriety of any mortgage or mortgages which shall be made or be proposed to be made under or by virtue of these presents, nor shall anything in these presents contained, or which may be contained in any such mortgage or mortgages, extend or be construed to extend, unless where the contrary shall, with the full knowledge and consent of the said trustees or the major part of them, be therein actually expressed, to hinder, prevent or make unlawful the taking down, removing, enlarging or altering the said buildings and premises or any of them respectively, as in these presents before mentioned and provided for in that behalf, nor in any manner to hinder, prevent or interfere with the due execution of the trusts or purposes of these presents, or any of them, so long as such mortgagee or mortgagees, his, her or their heirs, executors, administrators and assigns, shall not be in the actual possession as such mortgagee or mortgagees of the hereditaments comprised or to be comprised in such mortgage or mortgages, anything in these presents contained to the contrary in anywise notwithstanding.
7. To let pews and sittings and dwelling houses and to sell graves and tombs. | 7. And upon further trust, from time to time, and at all times hereafter to let the pews and seats in the said church or place of religious worship at a reasonable rent or reasonable rents (reserving as many free seats where and as may be thought necessary or expedient), and if there shall be any such dwelling house or dwelling houses, school room or school rooms, or other building or buildings, or any of them, erected and built as aforesaid, then to let the same or any of them (other than such as shall or may have been erected and built for or appropriated to the use and occupancy of the minister or ministers duly appointed to the circuit or station in which the same shall be situated), at a reasonable rent or reasonable rents, and also, if there shall be a cemetery or burial ground, to let vaults or tombs at a reasonable rent or reasonable rents, or to sell graves and tombs at a reasonable price or reasonable prices, and to collect, get in and receive the rents, profits and income to arise in any manner from the said premises (excepting moneys which shall, from time to time, arise from collections or subscriptions duly made therein according to the rules and discipline and general usage of the said Methodist Church, for other purposes than the immediate purposes of the said trust estate), as, and when, the same shall, from time to time, become due and payable, but not (excepting as to moneys from time to time received for graves and tombs) by way of anticipation, further than for the quarter or half-year or year, as may be thought most expedient : Provided always, that when and so often as such dwelling house or dwelling houses as may have been erected for the express use of the minister or ministers of the circuit or station shall not be required for the use of such ministers or minister, it shall and may be lawful for the said trustees, by and with the advice and consent of the superintendent minister of the circuit or station, to let the same and appropriate the rent arising therefrom towards paying and satisfying the board and lodging of such minister or ministers, or towards paying the rent for a more suitable and convenient residence or residences for such minister or ministers.
8. Trustees to hold moneys arising therefrom upon trust, to pay taxes, insurance and for repairs, also interest and expense incurred in the execution of the trusts thereof. | 8. And it is hereby declared that the said trustees and trustee for the time being shall stand and be possessed of the money arising from the said rents, profits and income (except as aforesaid), upon trust, thereout to pay, in the first place such duties, taxes, rates and other outgoings (if any) as, from time to time, shall be lawfully payable in respect of the said premises, or any part or parts thereof, and also the costs, charges and expenses of insuring and keeping insured the said trust premises against loss or damages by fire, in such sum or sums as the said trustees or the major part of them, shall from time to time, think proper or expedient, and in repairing and keeping the said trust premises in good repair and condition ; and likewise the interest of all principal moneys borrowed and then due and owing on security of the said trust premises or of any part or parts thereof, by virtue of the trusts hereof, and then to retain to and reimburse themselves respectively all costs, charges and expenses lawfully incurred and paid by them in or about the due execution of the trusts hereof or any of them, and, in the next place thereout to pay and discharge the necessary costs, charges and expenses, from time to time incurred in cleansing, warming, lighting, and attending to the said church or place of religious worship and premises, and generally to liquidate any debts, costs, charges and incumbrances and expenses at any time lawfully incurred under or occasioned by the due execution of the trusts hereof or any of them, and not included in any of the provisions aforesaid.
9. To apply surplus towards payment of ministers in charge, assisting funds of other churches, building new church or subscribing to charities. | 9. And upon further trust from time to pay and apply any surplus money remaining after the due payment of all such lawful debts, costs, charges, encumbrances and expenses as aforesaid (but according and in conformity to the rules and discipline of the said Methodist Church), for or towards the support of the minister or ministers for the time being respectively, appointed by the said conference or otherwise as aforesaid, either on the circuit in which the said chapel or place of religious worship shall, for the time being, be situated, or in that and some other circuit or circuits, or in some other circuit or circuits only, or for or towards the purpose of assisting or increasing the funds of any other church or place of religious worship, or churches or places of religious worship, appropriated to the use of the said Methodist Church, or in building any new church or place of religious worship, or churches or places of religious worship, for the use of the said Methodist Church, and which shall be settled upon trusts, ends, intents and purposes similar hereto ; or in subscribing or giving to any of the general funds, objects or charities of the said Methodist Church ; or for or towards all or any of the purposes, objects, funds or charities hereinbefore mentioned, in such manner as the said trustees, or the major part of them shall, from time to time, think necessary or expedient ; and it is hereby declared that it shall be lawful for the said trustees or the major part of them (although there shall not then be any such surplus money as aforesaid), from time to time, to subscribe or give such sum or sums of money as they shall think necessary or expedient, and which may be conveniently spared from the funds of the said church or place of religious worship, for or towards all or any of the purposes, objects, funds or charities aforesaid.
10. To appoint and remove stewards and treasures. | 10. And it is hereby declared that it shall be lawful for the said trustees, or the major part of them, at any meeting to be convened and held, as is hereinafter mentioned, from time to time, and at all times hereafter at their discretion, to appoint any person or persons, of decent and sober conduct and good reputation, to be a steward or stewards of the said church or place of religious worship, and at their will and pleasure to remove and to dismiss such steward or stewards, or any of them ; and the duty of the steward or stewards of the said church or place of religious worship shall be to see and attend to the orderly conducting of the secular business and affairs of the said church or place of religious worship, under the direction and superintendence of the said trustees, or the major part of them ; and also in like manner to appoint any proper person or persons to be a treasurer or treasurers of the funds of the said church or place of religious worship and premises, and at their will and pleasure to remove and to dismiss such treasurer or treasurers, or any of them.
11. To keep books of account and submit the same for audit. | 11. And it is hereby declared that the said trustees shall themselves, or by their steward or stewards, treasurer or treasurers, keep a book or books of accounts in which, from time to time, shall be plainly, legibly, and regularly extended an account of every receipt and disbursement by them, him or any of them received or made, and also of all debts and credits due to and owing from or in respect of the said trust premises or any part or parts thereof, and also of all other documents, articles, matters, and things necessary for the due and full explanation and understanding of the same book or books of accounts, and shall also in like manner keep a book or books of minutes in which, from time to time, shall be plainly, legibly and regularly entered minutes of all trustee meetings from time to time held under or by virtue of these presents, and of the resolutions passed, and of all proceedings, acts and business had, taken and done thereat, and also of all documents, matters and things necessary for the due and full explanation and understanding of the same minutes, and all other things done in and about the execution of the trusts hereof ; and shall and will, from time to time, and at all seasonable times hereafter, upon the request of the superintendent minister for the time being of the circuit in which the said church or place of religious worship shall, for the time being, be situated, produce and show forth to him and to every person whom he shall desire to see the same, all and every such book or books of accounts and minutes, documents, articles, matters and things, and permit and suffer copies or abstracts of or extracts from them or any of them to be made and taken by the said superintendent minister or any person or persons whom he shall, from time to time, desire to make and take the same ; and the said book and books of accounts and minutes, and all documents, articles, matters and things relating in anywise to the said trust premises shall, at least once in the year and oftener, if the said superintendent shall at any time desire, and shall give notice thereof in manner hereinafter mentioned, be regularly, upon a day to be appointed by the said superintendent for the time being, or with his concurrence, examined and audited by the superintendent and the circuit steward or circuit stewards, if more than one, for the time being, of the circuit in which the said church or place of religious worship shall, for the time being, be situated, at a meeting convened for that purpose ; and of every such meeting fourteen days' notice in writing, specifying the time, place and purpose of such meeting, shall and may be given under the direction of the said superintendent for the time being, by any one or more of them, the said trustee or trustees for the time being, to each and every the other and others of them, the said trustees or trustee, circuit stewards and circuit steward for the time being, and either personally served upon him and them respectively, or left for or sent by the post to him and them at his and their most usual place and places of abode or business ; and in order to facilitate the auditing of the said accounts, minutes, documents, articles, matters and things, it shall be lawful for the said superintendent, circuit steward and circuit stewards for the time being as aforesaid, or either or any of them, to appoint in writing a deputy or deputies to act therein for them and him respectively, as aforesaid, and for that purpose any one or more of them, may be the deputy or deputies of the other or others of them the said superintendent, circuit steward and circuit stewards ; and it is hereby declared that the signatures of all of them the said auditors, deputies and deputy, or of the aggregate majority of them, written in the said book and books of accounts and minutes, respectively, shall be sufficient evidence that all the matters and things relating to the said trust premises, which were up to that time, included in the said books, accounts, minutes and documents, matters and things, were duly examined, audited and approved of, unless and except so far as the contrary shall be therein by them or by the aggregate majority of them, in writing expressed.
12. And it is hereby declared that seven days' notice of a special meeting and convenient notice of other meetings of trustees shall be given. | 12. And it is hereby declared that every meeting for the purpose of taking into consideration the propriety of making any alteration of or any addition to or mortgage or sale of the said church or place of religious worship and premises, of any part or parts thereof, or for contracting any debt upon, for or on account thereof (other than for the ordinary current expenses thereof), or for letting any such house or houses, school room or school rooms as aforesaid, or for fixing the rents or prices, or making or altering rules to ascertain the rents or prices of such graves, tombs, pews and seats as aforesaid, or for appropriating the funds or any part of the funds of the said church or place of religious worship (otherwise than for the due payment of the ordinary current expenses thereof), or for bringing or defending any action or actions, suit or suits, respecting the said trust estates and premises or any parts thereof, or any matter relating thereto, or for any one or more of the above purposes, shall be and shall be deemed and taken to be a special meeting ; and of every such meeting seven days' notice in writing, specifying the time, place and purpose or purposes of such meeting, and signed by at least either two of the said trustees or by the superintendent minister for the time being, shall be given to the other and others of them and him the said trustees and superintendent minister (unless where he is himself the person giving such notice), and either personally served upon him and them, or left for, or sent by the post to him and them respectively, at his and their most usual place or places of abode or business ; and for the purpose of transacting their ordinary business relating to the said church or place of religious worship and premises, or for any other purpose relating to these presents or trusts thereof (except where seven days' notice is expressed or required as hereinbefore mentioned), a meeting of the said trustees may be held with the said superintendent for the time being, as aforesaid, so soon as the same can be conveniently convened by notice in writing, specifying the time and place of such meeting, given and signed by at least either two of the said trustees or by the said superintendent for the time being, and either personally served upon or left for, or sent by the post as aforesaid, to the other and others of them respectively at his and their most usual place or places of abode or business : Provided always, and it is hereby declared, that no meeting held under or by virtue of these presents shall be invalid, or the resolutions thereof void or impeached by reason that any such notice or notices as aforesaid, may not or shall not have reached any trustee or trustees who, at the time of any such meeting, happens to be out of the Province, in which the lands and premises are held in trust are situated, or who, or whose place or places of abode or business shall not be known to, and cannot reasonably be found or discovered by the person or persons who is or are respectively, as aforesaid, authorized to give any such notice or notices as aforesaid.
13. That a majority of the trustees shall rule, and that in case of a tie, the chairman shall give a casting vote. | 13. And it is hereby declared that at any meeting held under or by virtue of the trusts hereof, or any of them, the votes of the persons present and entitled to vote, or the votes of a majority of them, shall decide any question or matter proposed at such meeting and respecting which such votes shall be given ; and in case the votes shall be equally divided, then the chairman of such meeting shall give the casting vote. And it is hereby declared that, whenever it shall be thought necessary or expedient to do anything in and by these presents directed, authorized, or made lawful to be done, the necessity, or expediency of doing the same shall, in like manner, be decided by the persons present and entitled to vote upon the question to be determined, or by the majority of them, and if there shall be an even division, then by such casting vote as aforesaid, and all acts and deeds done and executed in pursuance of any such decision as aforesaid at any such meeting as aforesaid, shall be good, valid and binding on all persons entitled to vote at the meeting, who may be absent, or being present, may be in the minority, and on all other persons claiming under or in pursuance of these presents ; but no person (unless where the contrary is hereinbefore expressly mentioned) shall be allowed to vote in more than one capacity at the same time or on the same question, although holding more than one office at the same time in the said church, or in the same meeting.
14. That the rules, discipline, doctrines and usages of the Church shall be in force subject to the proviso respecting doctrines herein contained. | 14. And it is hereby declared that the "Rules and Discipline and General Usage" of the said Methodist Church in these presents mentioned or referred to, are the Rules and Discipline of the said Church, as printed and published by authority of the said conference, in a book entitled "Doctrines and Discipline of the Methodist Church," and the general usage and practice of the societies belonging to said church, and such rules and regulations as may, from time to time, be made or adopted by the said general conference, and printed and published in their journals, in accordance with the provisions contained in the said book of discipline, but subject at all times to the proviso respecting doctrines in these presents contained.
15. That the superintendent minister or his deputy shall be chairman of meetings of trustees, but in case of absence, trustees may appoint chairman. | 15. Provided always, and it is hereby declared, that excepting where the contrary is in these presents expressly declared or provided for, the superintendent minister, for the time being, of the circuit or station in which the said church, or place of religious worship, shall for the time being, be situated, or his deputy thereunto from time to time by him nominated and appointed in writing, under his hand, shall be the chairman of, and shall preside at, and shall have a casting vote as such superintendent minister, or and in all meetings held under or by virtue of these presents ; but in case the said superintendent minister for the time being, or his deputy to be so appointed as aforesaid, shall, at any time, neglect to attend at any such meeting as aforesaid, or if the superintendent minister, or his deputy appointed as aforesaid, shall attend but shall refuse to act as such, the chairman at any such meeting as aforesaid, or if the said superintendent minister shall not attend at any such meeting, and shall neglect to appoint a deputy as aforesaid, then and in every and any of the said cases, it shall be lawful for the persons for the time being composing such meeting and entitled to vote thereat, or for a majority of them, to elect and choose from among themselves a chairman to preside for the time being at any such meeting as aforesaid ; and every meeting so held upon any such neglect or refusal of the said superintendent minister or his deputy as aforesaid, shall be as valid and effectual as if the said superintendent or his deputy as aforesaid had been the chairman thereof and had presided thereat.
16. Proviso for sale of land with consent of Conference. | 16. Provided always, and it is hereby declared, that it shall and may be lawful to and for the said trustees, or a majority of them, with the consent of the said annual conference (such consent to be testified in writing under the hand of the president or secretary for the time being of the said conference), either by joining in the deed of conveyance for the purpose of expressing such consent, or by separate document, at any time or times hereafter, absolutely to sell and dispose of the said parcel or tract of land, church, or place of religious worship, hereditaments and premises, or of such part or parts of the same, respecting which such consent in writing as aforesaid shall be given, either by public sale or private contract, and together or in parcels and either at one and the same time or at different times and prices, for the best price or prices, in money, that can be reasonably obtained for the same, and well and effectually to convey and assure the hereditaments and premises so sold to the purchaser or purchasers thereof, his, her or their heirs and assigns, or as he, she, or they shall direct or appoint ; and the hereditaments and premises so sold and conveyed and assured as aforesaid shall thenceforth be held and enjoyed by the purchaser or purchasers thereof, his, her and their heirs, executors, administrators and assigns, freed and absolutely discharged from these presents, and from the trusts hereby declared and every of them ; and the said trustees and trustee for the time being shall apply the money which shall arise from every such sale as aforesaid, so far as the same money will extend, to the discharge of all the incumbrances, liabilities, and responsibilities, whether personal or otherwise, lawfully contracted or occasioned by virtue of these presents, or in the due execution of the trusts thereof, or of any of them, and subject thereto, and to the payment of any upon any other church property on the said circuit, or for building new churches, or for the purpose of procuring a larger and more conveniently or eligibly situated parcel or tract of land and church or place of religious worship and parsonage premises, in the place and stead of the said parcel or tract of land and church or place of religious worship or parsonage and hereditaments and premises so sold or disposed of, and the balance, if any, to be applied to the use of the church parsonage aid fund of the said Methodist Church and the said annual conference : Provided however, that if any such church or property so sold belonged to the Bible Christian Church prior to the union of the said church with the other Methodist Churches, the surplus, after payment of debts, shall be applied to the reduction of the missionary debts, as provided in the basis of union.
17. Proviso for sale in case trust premises shall be inadequate to meet and discharge interest and expenses. | 17. Provided always, that if any time hereafter the income arising from the said parcel or tract of land, church or place of religious worship, hereditaments and premises, shall be inadequate to meet and discharge the interest of all moneys borrowed and then due and owing upon or on account of the said trust premises, and the various current expenses attending the due execution of the trusts hereof, and if the said trustees, for the time being, of these presents, shall desire to retire and be discharged from the burden and execution of the said trusts, and if no such proper persons as are hereinafter mentioned or described can be found to take upon themselves the burden and execution of the said trusts, with the responsibility and liability to be thereby incurred, then in that case it shall be lawful for the said trustees, for the time being, as aforesaid, or the major part of them, of their own proper authority, and without any such consent by the said annual conference as aforesaid, to sell and dispose of the said parcel or tract of land, church or place of religious worship, hereditaments and premises, or any part or parts of the same, respectively, either by public sale or private contract, and either together or in parcels, and either at one and the same time or at different times, for the best price or prices in money that can be reasonably obtained for the same ; and well and effectually to convey and assure the hereditaments and premises so sold with the appurtenances, to the purchaser or purchasers thereof, his, her or their heirs and assigns, or as he, she or they shall direct or appoint ; and the hereditaments and premises so sold and conveyed and assured, as last aforesaid, shall thenceforth be held and enjoyed by the purchaser and purchasers thereof, his, her and their heirs, executors, administrators and assigns, freed and absolutely discharged from these presents and the trusts hereby declared, and every of them ; and all the money arising from every such last-mentioned sale shall be applied, disposed of and appropriated, as far as the same money will extend, to the purposes and in the manner hereinbefore directed in with respect to any sale made in pursuance or in consequence of such consent of or by the said annual conference, as aforesaid, but it is hereby declared that no sale shall be made by virtue of this present power or authority, unless the said trustees for the time being as aforesaid, or a majority of them, shall give notice in writing to the said annual conference, or to the president for the time being of the said annual conference, on or before the first day of the then next annual meeting of the said annual conference, of their intention to make such sale, and the reasons for the same, nor unless the said annual conference shall, for the space of six calendar months next after the said first day of their said annual meeting, refuse or neglect either to give, grant or provide the said trustees and trustee for the time being with such pecuniary or other aid, assistance and relief as shall enable them and him to bear and continue the burden of the execution of the trusts of these presents, or (as the case may be), to find and provide other trustees who will take upon themselves the burden of the execution of the said trusts.
18. And it is hereby declared that except in case of mortgage or sale the receipt of a majority of the trustees or of trustee, steward or treasurer duly authorized, shall be sufficient. | 18. And it is hereby declared that the receipt and receipts of a majority of the said trustees for the time being shall, in all cases of payment made to them, or any of them as such trustees or trustee as aforesaid, be a full discharge to the person or persons entitled to such receipt or receipts, his, her and their heirs, executors, administrators and assigns, for all mortgage moneys, purchase moneys, or other moneys therein, respectively, expressed and acknowledged to have been received by any such trustees or trustee, as aforesaid ; and in all cases, except for money paid and received in respect of any mortgage or sale of the said hereditaments and premises, or any part or parts thereof, as aforesaid, the receipt and receipts of any one or more of the said trustees for the time being, or any one or more of the stewards or treasurers for the time being, by the said trustees for the time being, or the major part of them, duly authorized to sign and give receipts, shall be a full discharge to the person and persons entitled to such receipt or receipts, his, her and their heirs, executors and administrators, for all moneys (except as aforesaid) therein respectively expressed and acknowledged to have been received by any such trustee, steward or treasurer as aforesaid.
19. That purchaser or mortgagee shall not be bound to enquire as to the necessity of sale or mortgage. | 19. And it is hereby declared that it shall not be incumbent on any mortgagee or mortgagees, purchaser or purchasers, of the said parcel or tract of land, church or place of religious worship, hereditaments and premises, or of any part or parts thereof, respectively, to inquire into the necessity, expediency or propriety of any mortgage, sale or disposition of the said parcel or tract of land, church or place of religious worship, hereditaments and premises, or of any part or parts thereof made or proposed to be made by the said trustees or trustee for the time being, or the major part of them, as aforesaid, or whether any such notice or notices, as aforesaid, was or were duly given, or was or were valid or sufficient, or whether any steward or stewards, treasurer or treasurers, was or were duly authorized to sign and give receipts as aforesaid ; nor shall it be incumbent upon any such mortgagee or mortgagees, purchaser or purchasers, or any of them, or for any other person or persons, his, her or their heirs, executors, administrators or assigns, paying money to such trustees or trustee, or to their steward or stewards, treasurer or treasurers for the time being, as aforesaid, to see to the application, or to be answerable or accountable for the loss, mis-application or non-application of such purchase or other money, or any part thereof, for which a receipt or receipts shall be so respectively given as aforesaid.
20. That trustees shall not be accountable for involuntary loss. | 20. And it is hereby declared that the said trustees or trustee for the time being shall not, nor shall any of them, their or any of their heirs, executors or administrators, or any of them, be chargeable or accountable for any involuntary loss suffered by him, them or any of them, nor any one or more of them, or any other or others of them, nor for more money than shall come to their respective hands, nor for injury done by others to the said trust premises or to any part or parts thereof.
21. That number of trustees shall not be less than five nor more than twenty-one, and that vacancies are to be filled and number increased by nomination and appointment. | 21. And it is hereby declared to be the true intent and meaning of this indenture and of the parties thereto, that the full number of the trustees of the said trust shall not be less than five (5) or more than twenty-one (21), and that when and so often as any one or more of the said trustees or of their successors in the said trust shall die, resign office as trustee, by and with the consent of a two-thirds vote of the co-trustees, or withdraw from or cease to be a member or members of the said Methodist Church, according to the rules and discipline of the said church, or shall remove to such distance as shall in the opinion of his co-trustees, expressed by a two-thirds vote of said co-trustees, render it inexpedient for him to remain in said trust, the place of the trustee or trustees so dying, resigning, withdrawing, ceasing to be a member or members of the said church, or removing as aforesaid, shall thereupon become vacant, subject however, to the provisoes next hereinafter set out, and shall be filled with a successor or successors, being a member or members of the said church, of the full age of twenty-one years, to be nominated and appointed as follows, that is to say,-- to be nominated by the Methodist Church Minister having charge for the time being of the circuit or station in which the said hereby conveyed premises shall be situate, and thereupon appointed by the surviving or remaining trustee or trustees of the said trust or a majority of them, if he or they shall think proper to appoint the person or persons so nominated ; and in case of an equal division of the votes of the trustees present at any meeting of the trustees held for the purpose of such appointment, the minister so in charge of the said circuit or station shall have a casting vote in such appointment ; Provided always, that no such consent as aforesaid shall be given while any vacancies remain unfilled, nor shall the trustees consent to the resignation of more than one trustee by any one vote : Provided also, that notwithstanding the withdrawal by a trustee from his membership in the said church, his powers and liabilities as a trustee shall not cease unless his place in the trust shall be declared vacant by a two-thirds vote of the remaining trustees, which declaration it shall be in their power to make, on their being convinced that he has withdrawn as aforesaid ; Provided that no prior vacancy remain then unfilled, and provided that not more than one vacancy shall be declared by any one vote ; and if at any time it shall be deemed advisable to increase the number of trustees to a number greater than that appointed hereby, not exceeding twenty-one, then the person or persons whom it is desired to appoint as such new trustee or trustees shall be nominated and appointed as is next hereinbefore provided for the filling of vacancies ; and if it shall happen at any time that there shall be no surviving or remaining trustee of the said trust, in every such case it shall and may be lawful for the minister aforesaid to nominate, and the quarterly meeting of the circuit or station, if they approve of the person or persons so nominated, to appoint the requisite number of the trustees of the said trust, by the vote of the majority of the members of the said meeting then present ; and in case of an equal division of their votes, the chairman of the said meeting shall have the casting vote in such appointment, and the person or persons so nominated and appointed trustee or trustees in either of the said modes of nomination and appointment, shall be the legal successor or successors, co-trustee or co-trustees of the said above-named trustees, and shall have in perpetual succession, the same capacities, powers, rights, duties, estates and interests as are given to the above-named trustees in and by these presents, and in and by the Statute or Statutes which may, for the time being, be in force affecting the same.
22. To fix quorum, &c. | 22. It is hereby declared that a majority of the said trustees shall form a quorum, all having been duly notified ; and when a majority or two-thirds vote may be required for any purpose, it shall be held to mean a majority or two-thirds, as the case may be, of any such meeting.
23. To fix time for placing financial statement before quarterly official meeting. | 23. A full and accurate financial statement, duly audited, shall be laid before the first quarterly official meeting after the first day of January in each year.

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