PROVINCIAL STATUTE OF CANADA. ANNO REGNI SEXTO VICTORIÆ, DEI GRATIA, BRITANNIARUM REGINE. HIS EXCELLENCY THE RIGHT HONORABLE SIR CHARLES BAGOT, G. C. B. GOVERNOR GENERAL. Being the SECOND Session of the FIRST Provincial Parliament of CANADA. (RESERVED ACT, To which the ROYAL ASSENT was subsequently promulgated by His Excellency SIR CHARLES THEOPHILUS METCALFE, G. C. B. &c. &c. &c. Governor General.) ANNO SEXTO VICTORIÆ REGINE. CAP. XXXII. An Act to make provision for the management of the temporalities of the United Church of England and Ireland, in the Diocese of Quebec, in this Province, and for other purposes therein mentioned. WE 12th October, 1842.-Presented for Her Majesty's Assent, and reserved" for the 23d August, 1843.-Assented to by Her Majesty in Privy Council. 6th October, 1843.-The Royal Assent signified by Message of His Excellency the HEREAS it is desired, on behalf of the United Church of England and Preamble. Ireland, in the Diocese of Quebec, that provision should be made by law for the internal management by the members of the said Church of the temporalities thereof, and also for allowing the endowment thereof, and it is just and expedient that such provision should be made; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Par liament of the United Kingdom of Great Britain and Ireland, and intituled An Act to reunite the Provinces of Upper and Lower Canada, and for the Government of Canada; and it is hereby enacted by the authority of the same, that from and after the passing of this Act, the soil and freehold of all Churches of the Communion of the said United Church of England and Ireland, now erected or hereafter to be erected in the said Diocese, and of the Church Yards and Burying Grounds attached or belonging thereto, respectively, shall be in the Parson or other Freehold of other Incumbent thereof, for the time being; and the Church-wardens to be appointto vest in the ed as hereinafter is mentioned, by whatever title the same may now be held, wheParson or In- ther vested in Trustees for the use ofthe Church, or whether the legal Estate re Churches, &c. cumbent. Proviso. Pew-holders to form a Ves try. Ordinary meetings and Vestry. mains in the Crown by reason of no Patent having been issued, though set apart for the purposes of such Church, Church Yard or Burying Ground: Provided always, that nothing herein contained shall extend to affect the rights of any Parsonage or Rectory now established by Letters Patent, or of any Proprietary Chapel or any other Church or Body of Christians, to any landed property or Church now erected, but that the same shall be as if this Act had not been passed. II. And be it enacted, that all Pew-holders in such Churches, whether holding the same by purchase or lease, and all persons holding sittings therein, by the same being let to them by Church-wardens, and holding a certificate from the Church-wardens of such sitting, shall form a Vestry for the purposes in this Act mentioned and declared. III. And be it enacted, that a meeting of such Vestry shall be holden on Monproceedings of day, in Easter week, in each and every year, after due notice thereof, given during Divine Service on the morning of Easter Sunday, for the purpose of appointing Church-wardens for the ensuing year, and that at such meeting, one Churchwarden shall be nominated by the Rector or other Incumbent of the said Church, and the other shall be elected by a majority of those present and entitled to vote at such Vestry meeting as aforesaid: Provided nevertheless, that in case of such Rector or Incumbent declining or neglecting to nominate a Church-warden, then both of the said Church-wardens shall, for the current year, be elected in the manner aforesaid, and in case the members of such Vestry shall neglect to elect a Church-warden, then both of such Chuch-wardens shall, for the current year, be nominated by the Rector or Incumbent Provided always, that if, from any cause, a Vestry meeting shall not take place at the time aforesaid, such appointment of Church-wardens may take place at any subsequent Vestry meeting, to be called in manner hereinafter provided; and in case of the death or change of residence to twenty miles or more from any such Church, of either of the said Church-wardens, a Vestry meeting shall be thereupon called for the election, by the said Vestry, of a new Church-warden, in case the one deceased or removed had been elected by the Vestry, or for the nomination of a new Church-warden by the Rector or Incumbent, in case the one deceased or removed had been nominated by the Incumbent. Church-war dens. IV. And be it enacted, that no person shall be eligible to the office of Churchwarden, except members of the said Church of the full age of twenty-one years, and who shall also be members of such Vestry. V. ས་ Church-wardens' term of V. And be it enacted, that such Church-wardens shall hold their office for one year from the time of their appointment, or until the election of their Successors, office. except in case of an appointment or nomination to fill up any vacancy occasioned by death or removal, as aforesaid, and in such case the person so appointed or nominated, shall hold the said office until the next annual election. dens. Powers of VI. And be it enacted, that such Church-wardens so to be elected and appointed, as aforesaid, shall, during their term of office, be as a Corporation to represent the Church-warinterest of such Church and of the members thereof, and shall and may sue and be sued, answer and be answered unto in all manner of suits and actions whatsoever, and may prosecute indictments, presentments, and other criminal proceedings, for and in respect of such Churches and Church Yards, and all matters and things appertaining thereto, and shall and may, in conjunction with the Rector or Incumbent, make and execute faculties or conveyances, or other proper assurances in the Law, to all Pew-holders holding their Pews by purchase, or leases to those holding the same by lease, and shall and may grant certificates to those who shall have rented sittings, such conveyances, leases and certificates to be given within a reasonable time after demand made, and at the charges of the person applying for the same; and, further, it shall be the duty of such Church-wardens, from time to time to sell, lease and rent, Pews and sittings, upon such terms as may be settled and appointed at Vestry meetings to be holden for that purpose, as hereinafter provided Provided always that any such sale, lease or renting, shall be subject to such rent charge, or other rent as may from time to time be rated and assessed in respect thereof at such Vestry meeting. VII. And be it enacted, that in case of the absolute purchase of any Pew in any such Church as aforesaid, the same shall be construed as a Freehold of Inheritance, not subject to forfeiture by change of residence, or by discontinuing to frequent the same, and the same may be bargained, sold and assigned to any purchaser thereof, being a member of the Church of England and Ireland, and such purchaser, provided the same be duly assigned and conveyed to him, shall hold the same with the same rights, and subject to the same duties and charges as the original purchaser thereof. VIII. And be it enacted, that any Pew-holder whether by purchase or lease, and any person renting a Pew or Sitting, shall and may, during their rightful possession of such Pew or Sitting, have a right of action against any person injuring the same, or disturbing him or his family in the possession thereof. Pews. Rights of Pew-holders. IX. And be it enacted, that such Church-warden so to be appointed as aforesaid, shall yearly, and every year within fourteen days after other Church- dens'accounts. Church-war wardens |