7 EDWARD VII. A. D. 1907

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CAP. LXXIX.

An Act to incorporate The Board of Trustees of the Presbyterian Church in Canada, Eastern Section.

Preamble.
Sec.
1. Board of Trustees incorporated.
2. Trust and property to vest in corporation.
3. Transfer of funds by corporation; upon what authority made; sale of trust property; application of proceeds.
4. Property acquired or that maybe acquired for use of congregation not organized to vest in trustees of congregation when organized; sale in default of organization.
5. Interest in Union Church, &c., to vest in trustees.
6. Property held for congregation that have ceased to exist to vest in Board of Trustees to sell application of proceeds.
7. How Board of Trustees may invest funds; sale of certain lands; investment of proceeds.
8. Election of trustees; term of office; quorum.
9. Trustees to make annual report to Synod of investments, &c.
10. No personal liability for loss.
11. Conveyances, &c., to be under corporate seal; how attested.
12. Board may grant discharge of trusts, gifts.&c.; how made and effect of.
13. Board to keep record of titles for use of Synod; to take steps to perfect defective titles.

Passed 5th April, 1907.

Whereas, the Synod of the Maritime Provinces in connection with the Presbyterian Church in Canada, Eastern Section, has by petition represented that it is desirable that the manner in which lands or tenements or interests therein, and also all personal estate which may be purchased for, or given or bequeathed to the said church, should be taken and held for the said church, and also that the manner by which the said lands, tenements or interest therein, and also the said personal estate might be conveyed by the said church should be defined;

And whereas, it is expedient to grant the prayer of the said petition.

Be it therefor enacted by the Lieutenant Governor and Legislative Assembly, as follows:

1. Rev. John McMillan D. D., Rev. Edward A. McCurdy D. D., Rev. Thomas Sedgewick D. D., Rev. John S. Sutherland, Rev. T. Chalmers Jack, D. D., Rev. D. Styles Fraser, Hon. Benjamin Rogers, Hon. James G. Forbes, John A. Sinclair, M. P., Donald Morrison, and James C. McIntosh, and their successors, to be appointed as hereinafter mentioned, shall be and they are constituted a body politic and corporate by the name of "The Board of Trustees of the Presbyterian Church in Canada, Eastern Section," hereinafter referred to as the Board of Trustees.

2. All gifts, devises, conveyances or transfers of any lands or tenement or interests therein, and all assignments, gifts and bequests of personal estate in this Province, which have been or shall hereafter be made to or intended for the Presbyterian Church in Canada, Eastern Section, or any of the trusts in connection with the said church, and any of the religious or charitable schemes of the said church, by the name thereof, except any trusts, schemes or institutions connected with the said church which are now or may hereafter be incorporated, shall vest in the said board of trustees, as fully and effectually as if the assignments gift, devise, bequest, conveyance or transfer had been made to it, and shall be held by the said board of trustees for the benefit of the said church, or the particular scheme of the said church, or of any of the said trusts in connection therewith to or for which the said real estate has been or may be bought, given devised or bequeathed.

3. The said board of trustees shall at all times, on the request of the committee appointed by the Synod of the Maritime Provinces, or General Assembly of the said church for the management of the said schemes or trusts pay the annual rents, income or produce of any such lands, tenements or interests therein, and of any such personal estate, to the treasurer or agent of the said church, eastern section, for the benefit of the scheme or trust for the use of which the said lands, premises or interests therein, or personal estate shall be held by the said board of trustees, and shall, also at the like request, sell and convert into money the said lands, tenements or interests therein, or securities for money, and pay the proceeds of the said sales to the said treasurer or agent, for the benefit of the said scheme or trust, it being expressly declared that no purchaser from the said board of trustees shall be bound to see that the said request shall have been made, or to inquire as to the application of the said purchase money, or the regularity of the appointment of the said board of trustees; but the execution of the grant, conveyance, transfer, lease, release, discharge or other instrument shall be deemed sufficient and conclusive when executed as hereinafter set forth.

4. All gifts, conveyances or transfers of lands, which have been heretofore made or which hereafter may be made for the use of the Presbyterian Church in Canada, or any congregation adhering thereto, as a site for a church, manse, school, hospital, edifice or cemetery, for the use of a congregation not then organized, shall vest in the said board of trustees, in trust, to convey to same to the trustees of such congregation, when it shall have been organized under the sanction of the Presbytery within the bounds of which it is situate, or in default of such organization to sell the same.

5. All land and premises held jointly with any other denomination as a Union Hall, church or building in which, and to which any Presbyterian has contributed of his means, or in aid of which he or she has assisted, the interests and rights of such individuals shall vest in such board of trustees, who shall hold such interest to and for the contributors aforesaid, and they have full power and authority to enforce such right for the use of said contributors, and the purposes for which the same was contributed, or as such contributors shall direct.

6. All lands and premises which have been or shall hereafter at any time be held by any trustee or trustees for any congregation which shall have ceased to exist, or has become disorganized, shall vest in the said board of trustees in trust to sell the same, and pay over the proceeds of the said sale to the treasurer of the said church for the benefit of the Home Mission scheme thereof, or as may be otherwise determined by the said Synod of the said church.

7. The said board of trustees may invest from time to time all moneys which may come into its hands for the benefit of the said church, or any of the said schemes or trusts in such securities, real or personal, as the said board of trustees, by a two-thirds vote may deem expedient; provided, always, that all lands which may become vested in the said board of trustees, otherwise than by way of security, and which shall not be actually required for the purpose of sites for churches, manses, hospitals, cemeteries, edifices or school houses, or any other trust or trusts, may be sold, and the proceeds invested for the purposes for which the lands came into the possession of the Board.

8. The members of the said board of trustees shall be elected annually by the said Synod and shall continue in office until their successors are appointed, and four of the said trustees form a quorum of the said board, and they shall elect from themselves a chairman.

9. The said board of trustees shall annually present a report to the Synod, in which shall be set forth fully the various moneys, securities and property, real and personal, which shall have come into its hands, and also show the way in which the same has been invested, and the disposition made by it of the interest and income arising from all said moneys, securities and properties.

10. No personal liability shall attach to any of the individual members of the said board of trustees for the failure of any investment or security which may be made by the said board of trustees.

11. All conveyances, grants, transfers, leases or assignments of any of said lands, tenements or securities shall be made by the said board of trustees under their corporate seal, which shall be attested by the signatures of the chairman of the said board of trustees, and the treasurer or agent, and when so executed, shall be deemed in all Courts of law and equity sufficient and conclusive.

12. The said board of trustees are hereby authorized and empowered to grant discharges and releases for all bequests, gifts, grants, trusts, left to or bequeathed to any fund of the said Presbyterian Church, Eastern Section, which is not incorporated, and all such releases and acquittances so granted by them under their corporate seal shall be taken as good and sufficient in all Court of law or equity.

13. The said board of trustees shall prepare and preserve for the use of the said Synod, and the Presbyteries thereof, a complete record of all titles of sites of churches, manses, schools, hospitals, edifices or cemeteries, and of all buildings thereon, whether held by Presbyterian congregations or jointly with other denominations, and where such titles are found to be defective, then, the said board of trustees shall take or direct all the proper steps be taken to have such defective titles corrected so as to ensure that all such properties shall be made secure for the use of the said Presbyterian Church in Canada, Eastern Section, or the respective congregations thereof.