CAP. LXXVIII.

An Act respecting the Methodist Church of Canada.

[Assented to 21st December, 1874.]

WHEREAS the Church heretofore known in the Provinces of Ontario, Quebec, Manitoba, and British Columbia as "The Wesleyan Methodist Church in Canada in connection with the English Conference," and the Church heretofore known in the Provinces of New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland, and in the Bermuda Islands as "The Wesleyan Methodist Church of Eastern British America," and the Church heretofore known in the Province of Ontario and Quebec as "The Methodist New Connexion Church of Canada," have united and formed themselves into one Church under the name of "The Methodist Church of Canada," the terms of such union having been previously assented to by the said three respective Churches, and by the British Wesleyan Conference, and the English New Connexion Conference : And whereas, at a General Conference of the said United Church, held at the City of Toronto, in the months of September and October last, and composed equally of Ministers and Laymen, such union was confirmed : And whereas, the said General Conference have by their petition prayed that an Act might be passed to vest in the United Church all real and other property hitherto held in trust by or for the use of the said three first-mentioned Churches respectively ; and that a short form of deed might be provided for the conveyance in trust of such real estate as might hereafter be required for the use of the several congregations of the said United Church ; and that the respective Acts incorporating the several Trust Funds, Institutions, and Societies of the said three first-mentioned Churches might be amended as required in consequence of the union of the said Churches ; and for such other purposes as, might be necessary in order fully to carry into effect such union ; 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 and other property held by, or in trust for, "The Wesleyan Methodist Church in Canada, in connexion with the English Conference," "The Wesleyan Methodist Church of Eastern British America," and "The Methodist New Connexion Church of Canada," at the time of the said Union of the said three Churches, is hereby declared to have become vested in trust for the use of the said Methodist Church of Canada, as fully and effectually as the same was previously vested in, or held in trust for, the said three first-mentioned Churches respectively.

2. The Act of this Province, passed in the thirty-fifth year of the reign of Her Majesty Queen Victoria, chapter one hundred and seven, intituled, "An Act to enable the Trustees of the several congregations in Ontario of the Wesleyan Methodist Church in Canada, in connection with the English Conference, to place the lands held by them respectively, under the directions and provisions of the Model Deed of the said Church, and for other purposes" is hereby amended as follows : All the provisions of the said Act and the Schedules thereto attached, shall be held, and construed to apply, since the union of the said Churches, to the said Methodist Church of Canada and to the congregations of the said Church ; and the words "The Methodist Church of Canada" shall be substituted for the words "The Wesleyan Methodist Church in Canada in connection with the English Conference" where such change can be made ; and the Model and Reference Deeds, in the said Act referred to, shall, as altered by this Act, apply to, and be used for, "The said Methodist Church Of Canada," and the congregations thereof.

3. The first Section of the said Act is amended by striking out the first three lines thereof, and inserting instead thereof the following words: "From and after the passing of this Act the Trustees of the several congregations of 'the Methodist Church of Canada,' and of the Churches heretofore known as 'The Wesleyan Methodist Church in Canada in connexion with the English Conference,' and 'The Methodist New Connexion Church of Canada.'"

4. Section three of the said Act is amended by striking out the last four lines of the said section, and substituting therefor the following words : "As printed in the Book of Discipline of the said Methodist Church of Canada, published by the Rev. Samuel Rose, Toronto, in the year 1873.

5. The first Schedule of the said Act is amended by inserting after the word "chaptered" the following figures and words : "107, as amended by an act passed in the thirty-eighth year of Her Majesty's Reign, intituled, 'An Act respecting the Methodist Church of Canada.'"

6. The second Schedule, column two, of the said Act is amended by striking out from the second section thereof the words "the said Conference of the said Wesleyan Methodist Church," and substituting therefor the words "the Annual Conference of the said Church, within the bounds of which Annual Conference the said Church property thereby conveyed is situate ;" and by striking out from the fourth section thereof the words "the said Conference," and substituting therefor, "The General Conference of the said Methodist Church ;" and by striking out from the twelfth section thereof the words " fourteen days," wherever they occur, and substituting therefor the words "seven days ;" and by striking out from the thirteenth section thereof the words "and which casting vote he shall have in addition to the vote which he shall be entitled to in his character of Trustee, Superintendent, Minister or otherwise ;" and by inserting in the fourteenth section thereof before the word "Conference., wherever it occurs in said section, the word "General ;" and by striking out the word "Annual," before the word "Minutes ;" and by striking out the words "and in the Articles of Settlement and Re-union, therein before mentioned, for altering or amending the same ;" and by inserting in the fifteenth section thereof before the word "vote," the word "casting ;" and by striking out the word "Conference," wherever it occurs in the sixteenth and seventeenth sections of the said schedule, and inserting in lieu thereof the words "Annual Conference within the bounds of which the said lands are situate."

7. The third Schedule of the said Act is hereby amended by adding after the word "'Act," in the ninth line of the said Schedule, the words, "And as amended by the Act passed in the thirty-eighth year of Her Majesty's reign, intituled, 'An Act respecting the Methodist Church of Canada.'"

8. The Act of the Province of Canada, passed in the fifteenth year of the reign of Her Majesty Queen Victoria, chaptered one hundred and forty-two, intituled, "An Act to incorporate the Benevolent Societies of the Wesleyan Methodist Church in Canada," is hereby amended as follows : Since the union of the said three first-mentioned Churches as aforesaid, the provisions of the said Act shall be held and construed to apply to the Methodist Church of Canada, and wherever the words, "The Wesleyan Methodist Church in Canada, in connection with the English Conference," or, "The Wesleyan Methodist Church in Canada," occur, there shall be substituted instead thereof the words, "The Methodist Church of Canada," where such change can be made.

9. All deeds of conveyance executed before the passing of this Act for any of the uses, interests or purposes of either of the above mentioned churches shall be as valid and effectual if the same shall have been registered before the expiration of twelve months after the passing of this Act, as if registered within twelve months after the execution thereof respectively, except in so far as the same may be affected by the prior registration of other deeds or instruments relating to the lands embraced in said deeds.

10. The fourth Section of the said last-mentioned Act is amended by striking out at the end of the said section the words "The said Conference of the Wesleyan Methodist Church in Canada," and substituting instead thereof, "The General Conference of the said Methodist Church of Canada, or the Executive Committee thereof."

11. All the present By-laws, Rules, and Regulations of the Superannuated Ministers' Fund Society of the former Wesleyan Methodist Church in Canada, shall remain in force except as they may have been changed or superseded by the constitution of the above-mentioned union, or of the Superannuation Fund Society of the said Methodist Church of Canada adopted at the said General Conference and printed in the said Book of Discipline, or as they may hereafter be changed at any General Conference.

12. The provisions of the Act of this Province, passed in the thirty-sixth year of the reign of Her Majesty Queen Victoria, chaptered one hundred and forty-four, intituled, "An Act respecting the Methodist New Connexion Church of Canada," shall, since the union of the said Churches as aforesaid, be only held and construed to apply to the said Methodist Church of Canada, where the powers and purposes of the said Act can be exercised and carried out under the provisions set forth in the hereinbefore recited Act, passed in the thirty-fifth year of Her said Majesty's reign and chaptered one hundred and seven, as said last mentioned Act is altered or amended by this Act.

13. And whereas the Superannuated Preachers' Annuitant Society in connection with the said Methodist New Connexion Church of Canada, incorporated by Act of this Province, passed in the thirty-sixth year of the reign of Her Majesty Queen Victoria, chapter one hundred and forty-seven, was by mutual agreement at the union of the said Churches consolidated and amalgamated with the Superannuation Fund Society of the said Methodist Church of Canada, and the claimants on such first mentioned Fund become claimants on the said Fund of the united Church, it is enacted that the funds, moneys, real and other property belonging to the said first mentioned Society, are hereby vested in and do become the property of the Superannuation Fund Society of the Methodist Church of Canada.

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© Queen's Printer for Ontario, 1874. This is an unofficial version of Government of Ontario legal materials.