CAP. CVII.

An Act to enable the Trustees of the several Congregations, in Ontario, of the Wesleyan Methodist Church in Canada, in connexion 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.

[Assented to 2nd March, 1872.]

WHEREAS the Wesleyan Methodist Church in Canada in connexion with the English Conference have by their petition, set forth that they are desirous that the trustees of several of the congregations of the said Church in the Province of Ontario, by what ever name they may hold, should be enabled to alter and extend the trusts and provisions contained in and by the several deeds under which the said trustees hold, so that the lands conveyed by such deeds may be placed under the like trusts and provisions as are set out and contained in a deed known as the Model Deed, bearing date the twenty-fourth day of May, in the year of our Lord one thousand eight hundred and fifty, and made between Joseph Bloor of the first part, Sarah Bloor of the second part, and The Trustees of the Yorkville Congregation of the Wesleyan Methodist Church in Canada of the third part, and registered in the Registry Office for the County of York, at twelve of the clock, noon, on the twenty-fifth day of May, in the year of our Lord one thousand eight hundred and fifty, as the trusts and provisions of such Model Deed are altered by this Act ; And, that the trustees of each of the congregations of the said Church, now holding or to hold under said deed, should from time to time be enabled to add to their number, or to declare vacancies occasioned by resignation, removal to a distance, or other disability : And further, that they are desirous of having provided a short form of said conveyance to be taken to have the same effect, and to be construed as if it contained the form of words which set out the trusts contained in said Model Deed as altered by this Act : And, it is to grant the prayer of the said petition : Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :--

1. From and after the passing of this Act the trustees of the several congregations in Ontario of the Wesleyan Methodist Church of Canada in connexion with the English Conference by whatever name they may hold the lands conveyed to them under deeds containing trusts, provisions, conditions and agreements differing from those which are set out in the said Model Deed as altered by this Act, may register in the Registry Office of the county, where the lands so held by them respectively are situated, a declaration signed by a majority of the said trustees in the form or to the effect of that set out in the third schedule to this Act, and thereupon the lands described in said declaration shall be held by them as such trustees by the name set out in said declaration under and upon the like trusts and for the purposes and under the directions and provisions of the Model Deed aforesaid as altered by this Act and set out in the first and second schedules hereto annexed, for such and the same ends, uses, intents and purposes, and with, under and subject to such and the same powers, provisions, declarations, and agreements, and to be controlled, disposed of, and managed by the like authorities, officers, trustees and persons appointed and to be appointed, and acting in the same manner, and with the same duties, powers, liabilities, and restrictions, in every particular and respect as are expressed, contained, and declared, or referred to in the said Model Deed as altered by this Act, and set out in the first and second schedules hereto annexed ; saving always such right as may have been acquired by any person or corporation prior to the passing of this Act. The fee payable to the Registrar for the registration of such declaration, including all entries and certificates thereof, shall be fifty cents.

2. That the provisions of the said Model Deed shall be altered as appears by the words in italics in the paragraphs numbered twenty-one and twenty-two, respectively, in the said schedule, so as to enable the trustees of each of the congregations, holding or to hold under said Model Deed, from time to time to add to their number, and to declare vacancies occasioned by resignation, removal to a distance, or other disabilities, and the appointment of a new trustee or trustees, or of a successor or successors, shall be evidenced by a declaration signed by the surviving or remaining trustee or trustees, or a majority of them, or by quarterly meeting, where the appointment is made by the said quarterly meeting, or by a majority of said quarterly meeting, in the form set out in the fourth schedule, hereto annexed, to be registered in the Registry Office in which the lands held under the deed, under which said appointment is made, is situate, and upon registration of which the said new trustee or trustees, successor or successors, shall have in perpetual succession the same capacities, powers, rights, duties, estates and interests, as are given to the trustees, in and by such deed : And the fee to be charged for registering said declaration, including all entries and certificates thereof, shall be fifty cents.

3. That when a deed of real property in Ontario, made according to the forms set forth in the first schedule to this Act, or any other such deed expressed to be made in pursuance of this Act, or referring thereto, contains any of the forms or words contained in column one of the second schedule to this Act, and distinguished by any number therein, such deed shall be taken to have the same effect, and be construed as if it contained the form of words contained in column two of the same schedule, and distinguished by the same number as is annexed to the form of words used in such deed, but it shall not be necessary in any such deed to insert any such number, and the said deed shall be taken to contain all the recitals set out in said Model Deed as printed in the Book of Discipline of the said Wesleyan Methodist Church of Canada, published by the Reverend Samuel Rose, at Toronto, in the year one thousand eight hundred and seventy.

4. Any deed or part of a deed which fails to take effect by virtue of this Act shall nevertheless be as effectual to bind the parties thereto, so far as the rules of law and equity will permit, as if this Act had not been made.

5. Every such deed, unless an exception be specially made therein, shall be held and construed to include all houses, outhouses, edifices, barns, stables, yards, gardens, orchards, commons, trees, woods, underwoods, mounds, fences, hedges, ditches, ways, waters, water-courses, lights, liberties, privileges, easements, profits, commodities, emoluments, hereditaments, and appurtenances whatsoever, to the land therein comprised, belonging or in anywise appertaining, or with the same demised, held, used, occupied and enjoyed, or taken, or known as part or parcel thereof, and if the same purports to convey an estate in fee, also the reversion or reversions, remainder and remainders, yearly and other rents, issues and profits of the same lands, and of every part and parcel thereof, and all the estate, right, title, interest, inheritance, use, trust, property, profit, possession, claim, and demand whatsoever, both at law and in equity of the grantor in, to, out of, or upon, the same lands, and every part and parcel thereof, with their, and every of their appurtenances.

6. In the construction of this Act, and the schedules thereto, unless there be something in the subject or context repugnant to such construction, the word "lands" shall extend to all freehold tenements and hereditaments, whether corporeal or incorporeal, or any undivided part or share therein, respectively ; and the word "party" shall mean and include any body politic or corporate or collegiate, as well is an individual.

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

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SCHEDULES TO WHICH THIS ACT REFERS.

THE FIRST SCHEDULE.

This indenture made (in duplicate) the day of one thousand eight hundred and in pursuance of the Act passed in the thirty-fifth year of the reign of Her Majesty Queen Victoria, and chaptered and in pursuance of the Act respecting short forms of conveyances ; Between (here insert the names, places of residence, and description of the grantors, parties barring dower, or other estates, and recitals, if any, describing the grantees in addition to their usual additions as The Trustees of the Congregation of the Wesleyan Methodist Church in Canada in connexion with the English Conference), Witnesseth that in consideration of the sum of dollars of lawful money of Canada now paid by the said trustees to the said part of the part (the receipt whereof is hereby acknowledged) the said part of the part do grant and assign unto the said trustees and their successors in the said trusts, all, etc., (parcels) to have and to hold the said parcel or tract of land and premises unto and to the use of the said trustees and their successors in the said trusts forever upon the following trusts (here set out the trusts, provisoes, covenants and other provisions). In witness whereof the said parties hereto have hereunto set their hands and seals.
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THE SECOND SCHEDULE.

DIRECTIONS AS TO THE FORMS IN THIS SCHEDULE.

In cases of sale and conveyance of real property.

1. Parties who use any of the forms in the first column of this schedule may substitute the feminine gender for the masculine or the plural number for the singular in any of the forms in the first column of this schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column.

COLUMN ONE. | COLUMN TWO.
1. Upon trust to build a church and other buildings. | 1. Upon trust, that they the said parties hereto of the third part, and their successors or the trustees, or trustee, for the time being acting in the trusts of these presents, 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 after the execution of these presents as conveniently may be, erect and build upon the said parcel or tract of land, or upon 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 of these presents, 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, and in such manner as, the trustees for the time being of these presents shall, from time to time, deem necessary or expedient :
2. To permit building to be used as a church by the Wesleyan Methodists. | 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 Wesleyan Methodist Church in Canada in connexion with the English Conference as aforesaid, and for public and other meetings and services, held according to the rules and 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 by the said conference of the said Wesleyan Methodist Church ; and also such other person or persons as shall be thereunto from time to time duly permitted or appointed, (according to the rules and discipline of the said Wesleyan Methodist Church,) by 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 ; and also such other person and persons as shall be thereunto from time to time duly appointed by any authority lawfully constituted by the said conference to fill up any vacancy, at anytime occasioned by the death, removal or suspension of a minister or ministers, in or during any interval between the sittings of the said conference, but only until the next conference, and in no case any other person or persons whomsoever :
3. To permit dwelling-houses on said premises to be used by the minister in charge. | 3. And upon further trust, from time to time, and at all times hereafter, to permit and suffer such minister or ministers of the aforesaid Wesleyan 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 by the conference of the said Wesleyan Methodist Church in Canada, according to the rules and discipline thereof, 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 general usage of the said 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, nor in the said church or place of religious worship and premises, or any of them, or any part or parts thereof, nor 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 the said 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 for the time being of these presents or the major part of them, be thought necessary or expedient to hold and teach a Sunday or other school or schools, in any proper part of the said Church or place of religious worship, then to permit and suffer a Sunday or other school or schools, to be held, conducted, and carried on from time to time in the 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 the said church or place of religious worship or not, under such government, orders and regulations as the, said conference 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 trustees for the time being of these presents, or a 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 and 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 building or re-building any other vestry-room or vestry-rooms, school-room or school-rooms, dwelling-house or dwelling-houses, offices, conveniences and 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 provided mortgage covers debts. | 6. And 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 for the time being of these presents, 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 ; Nevertheless it is hereby declared that no mortgage or mortgages, nor any disposition whatsoever by way of mortgage, shall at any time hereafter be made of the said trust premises, or any part or parts thereof, under or by virtue, of these presents unless such mortgage or mortgages shall in the aggregate amount to and cover the whole debt, or the aggregate amount of the whole of the debts which at the time of the execution of such mortgage or mortgages shall be due and owing, either legally or equitably in respect, or on account of, or in relation to the said trust premises, or from the said trustees for the time being, or any of them, for, or on account, or in respect of the said trust premises or some part or parts thereof respectively, excepting only such debt and debts as may then be accruing, due, for or on account of the ordinary current expenses of the said church or place of religious worship and premises ; 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, or whether the same is or are made, or intended to be made, for the whole amount of the debt, or of the aggregate amount of the debts, which shall be so due and owing as aforesaid ; 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 for the time being, 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 for the poor, 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 graves and 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 for 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, on account of his or their being unmarried or otherwise, 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 expenses incurred in the execution of the trusts thereof. | 8. And it is hereby declared that the trustees and trustee for the time being of these presents 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 damage by fire, in such sum or sums as the said trustees for the time being, 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 these presents, 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 of these presents, 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, incumbrances and expenses at any time lawfully incurred under or occasioned by the due execution of the trusts of these presents, 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 toward the support of the minister or ministers for the time being, respectively appointed by the said conference or otherwise as aforesaid, either in 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 such or similar trusts, ends, intents and purposes, as are in these presents mentioned ; 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 trustees for the time being of these presents, 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 trustees for the time being of these presents, 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 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 trustees, for the time being, of these presents, 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 trustees for the time being, of these presents, 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 trustee or trustee, for the time being, of these presents 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 entered, 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, articles, 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 of these presents ; 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 fourteen 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 fourteen days' notice in writing, specifying the time, place, and purpose or purposes of such meeting, and signed by at least either two of the trustees, for the time being, of these presents, 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 fourteen days' notice is expressed or required as hereinbefore is mentioned), a meeting of the trustees for the time being, of these presents 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 for the time being, 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, for the time being, of these presents, who, at the time of any such meeting, happens to be out of the Province, 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 casting vote. | 13. And it is hereby declared, that, at any meeting held under or by virtue of these presents, or 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 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 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 Methodist 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 Wesleyan 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, "The Doctrines and Discipline of the Wesleyan Methodist Church in Canada," 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 conference, and printed and published in their Annual Minutes, in accordance with the provisions contained in the said Book of Discipline, and in the Articles of Settlement and Re-Union thereinbefore mentioned, for altering or amending the same ; but subject at all times to the proviso respecting doctrines in these presents contained :
15. That 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 vote as such superintendent minister or deputy 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 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 trustees for the time being, of these presents, with the consent of the said conference, such consent to be testified in writing under the hand of the president for the time being of the said conference, 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, 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 trustees and trustee for the time being, acting in the trusts of these presents, 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, either for or toward promoting the preaching of the gospel in the said Methodist Church, in the circuit or station in which the said church, or place of religious worship shall, for the time being be situated, or, for the purpose of procuring a larger or more conveniently or eligibly situated parcel or tract of land, and church or place of religious worship, and premises, in the place or stead of the said parcel or tract of land, church, or place of religious worship, hereditaments, and premises so sold or disposed of to be settled upon the same trusts, and to and for the same ends, intents and purposes, and with, under, and subject to the same powers, provisoes and declarations as are in and by these presents expressed and contained, or such of them as shall be then subsisting, or capable of taking effect.
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 of these presents, and if the trustees and trustee 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 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 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, with respect to any sale made in pursuance or in consequence of such consent of or by the said conference as aforesaid ; but it is hereby declared that no sale shall be made by virtue of this present power or authority unless the trustees for the time being as aforesaid, or a majority of them, shall give notice in writing to the said conference or to the president for the time being of the said conference, on or before the first day of the then next annual meeting, of the said conference, of their intention to make such sale, and the reasons for the same, nor unless the said 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 trustees for the time being of these presents 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 trustees for the time being of these presents, 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, administrators and assigns, 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 trustees or trustee for the time being of these presents 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, for 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 seven 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 seven or more than twenty-one, 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 Wesleyan Methodist Church, according to the rules and discipline of the said church, or shall remove to such a 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 Wesleyan Methodist 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 Acts of Parliament aforesaid :
22. Proviso for indemnification of trustee ceasing to be a member of the trust. | 22. Provided always, nevertheless, and it is hereby expressly declared that, in every such case when the trustees or trustee so withdrawing, resigning, removing, or ceasing to be a member or members of the said Methodist Church as aforesaid, and whose place has become vacant, as aforesaid, shall make request for that purpose, in writing, to the surviving trustees, they, the said surviving trustees, shall and will, within six calendar months next after such request, under their hands and seal of office (but at the costs and charges in the law of the persons and persons making such request,) execute a bond in sufficient penalty or other obligation to indemnify the trustees or trustee so withdrawing, resigning, or removing, or ceasing to be member or members of the said Methodist Church, or trust as aforesaid, and every of them, their, and every of their heirs, executors, and administrators, of, and from, and against the payment of all and every sum and sums of money, costs, charges, and expenses, which he, they, or any of them, his, their, or any of their heirs, executors, or administrators, either separately, or jointly with any other trustees or trustee of the said trust-premises may be bound, engaged, or liable to pay, in respect to the said parcel or tract of land, church, or place of religious worship and premises, or in, or about the due execution of, the trusts of these presents ; or, in place of such bond or obligation, shall procure the trustees or trustee so withdrawing, resigning, removing, or ceasing to be a member or members of the said Methodist Church or trust, to be effectually released and discharged, of, and from, and against the payment of, all such sum or sums of money, costs, charges, and expenses, as last aforesaid, and from all liability on account or in respect thereof, or in otherwise relating thereto : Provided always that nothing hereinbefore contained shall be construed to prevent or disqualify any person or persons so withdrawing or ceasing to be a member or members as aforesaid, from being at any future time nominated, appointed and chosen (if then duly qualified) to be a trustee or trustees of the said parcel or tract of land, church or place of religious worship and premises under or by virtue of the powers or authorities in these presents contained or either of them, for appointing a successor or successors of the trustees of these presents ; Provided always and it is hereby declared that from time to time, and at all times hereafter, upon the decease of any trustee or trustees for the time being of these presents, the surviving trustees or trustee for the time being of these presents shall and will, within six calendar months next after request for that purpose in writing made to them or him by the legal representative or representatives of such deceased trustee or trustees (but at the costs and charges in the law of such representative or representatives) respectively execute a bond (in sufficient penalty), or other obligation to indemnify the legal representative or representatives of each and every deceased trustee and trustees, who shall make such request as aforesaid, his, her, and their lands, tenements, goods and chattels of from and against all bonds, debts, covenants, obligations, notes, judgments, claims and demands whatsoever, which such deceased trustee or trustees had entered into or become subject or liable to, on account or in respect of the said parcel or tract of land, church or place of religious worship, hereditaments, or otherwise on account or in due execution of the trusts of these presents or of any of them ; or, in place or stead of such bond or other obligation of indemnity shall and will (at the choice and discretion of such surviving trustees for the time being, upon such request and at such cost and charges as last aforesaid), cause, or procure such legal representative or representatives as aforesaid, to be well and effectually released or otherwise discharged of, from and against all and every such bonds, debts, covenants, notes, judgments, claims and demands as last aforesaid, and of and from every of them, and every part and parcel thereof respectively.

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THIRD SCHEDULE.

Declaration made in pursuance of Section one of an Act passed in the thirty-fifth year of the reign of Her Majesty Queen Victoria, and chaptered .

KNOW ALL MEN BY THESE PRESENTS that whereas we (setting out name of trustees or majority of trustees holding lands) do hold the lands and premises hereinafter set out as (give name of trustee board as contained in Deed granting to them), we in pursuance of the provisions of Section One of an Act thirty-five Victoriæ chaptered , do hereby declare, that from and after the date of the registration hereof, we hold the said lands and premises under the provisions of the "Model Deed" as altered by the said Act under the name of The Trustees of the Congregation of the Wesleyan Methodist Church in Canada in connexion with the English Conference, and the said lands and premises are described as follows, that is to say (insert description).

In witness whereof we have hereunto set our hands and seals this day of A. D. 187 .

Signed, sealed and delivered in duplicate in the presence of } L. S.
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THE FOURTH SCHEDULE.

KNOW ALL MEN BY THESE PRESENTS that whereas by a deed bearing date the day of 18 , made between, (set out the parties), the lands and premises following, that is to say (setting out lands), were granted to (setting out names of trustees), as trustees (setting out name by which the trustee board is described in deed) ; And whereas (setting out name or names) has (or have) died (resigned, withdrawn, ceased to be a member, or removed to a distance), whereby his (or their) place (or places) has (or have) become vacant : or : And whereas it has been deemed advisable to increase the number of said trustees to (giving number), now we (setting out names of trustees or members of quarterly meeting, as the case may be) do hereby declare that we have appointed and do hereby appoint (setting out name or names of appointees) to be a trustee (or trustees) of the congregation of the Wesleyan Methodist Church in Canada, in connexion with the English Conference, conjointly with (setting out names of trustee or trustees holding office), now holding office as trustees of said congregation.

In witness whereof we have hereunto set our hands and seals this day of 18 .

Signed and sealed and delivered in duplicate in the presence of }

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© Queen's Printer for Ontario, 1872. This is an unofficial version of Government of Ontario legal materials.