CAP. LXXV.

An Act respecting the union of certain Presbyterian Churches therein named.

[Assented to 21st December, 1874.]

WHEREAS the Canada Presbyterian Church, the Presbyterian Church of Canada in connection with the Church of Scotland, the Church of the Maritime Provinces in connexion with the Church of Scotland, and the Presbyterian Church Of the Lower Provinces, have severally agreed to unite together and form one body or denomination of Christians, under the name of "The Presbyterian Church in Canada ;" and the Moderators of the General Assembly of the Canada Presbyterian Church and of the Synods of the Presbyterian Church of Canada in connexion with the Church of Scotland, and the Church of the Maritime Provinces in connexion with the Church of Scotland, and the Presbyterian Church of the Lower Provinces, respectively, by and with the consent of the said General Assembly and Synods, have by their petitions, stating such agreement to unite as aforesaid, prayed that for the furtherance of this their purpose, and to remove any obstructions to such union which may arise out of the present form and designation of the several Trusts or Acts of Incorporation by which the property of the said Churches, and of the colleges and congregations connected with the said Churches, or any of them respectively, are held and administered or otherwise, certain legislative provisions may be made in reference to the property of the said Churches, colleges and congregations situate within the Province of Ontario and other matters affecting the same in view of the said union: Therefore Her Majesty by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. As soon as the union takes place, all property, real or personal, within the Province of Ontario, now belonging to or held in trust for or to the use of any congregation in connexion or communion with any of the said Churches, shall thenceforth be held, used and administered for the benefit of the same congregation in connexion or communion with the united body, under the name of "The Presbyterian Church in Canada."

2. Provided always that if any congregation in connexion or communion with any of the said Churches, shall at a meeting of the said congregation regularly called according to the constitution of the said congregation, or the practice of the Church with which it is connected, and held within six months after the said union takes place, decide by a majority of the votes of those who, by the constitution of the said congregation, or the practice of the said Church with which it is connected, are entitled to vote at such a meeting, determine not to enter into the said union, but to dissent therefrom, then and in such case the congregational property of the said congregation shall remain unaffected by this Act, or by any of the provisions thereof; but in the event of any congregation so dissenting as aforesaid, at any future time resolving to enter into and adhere to the said united Church, then from the time of such resolution being come to, this Act and the provisions thereof shall apply to the property of such congregation.

3. Congregations may from time to time alter or vary any of the provisions continued in the trust deeds under which their property is held, or in their constitutions, which relate to the mode in which their affairs and property shall be managed or regulated, and to the persons who shall be entitled to take part in such management, or to vote at meetings of the congregation on questions affecting the affairs and property of the congregation or the management thereof ; but the sanction of the Presbytery under whose care such congregation is placed shall be obtained before any such alteration or variation shall take effect.

4. The several clauses and provisions of the Act of the Legislature of Ontario, passed in the thirty-sixth year of the reign of Her Majesty Queen Victoria, chaptered one hundred and thirty-five and intituled, "An Act respecting the Property of Religious Institutions in the Province of Ontario," and the amendments thereto, shall apply to the various congregations in Ontario in connexion or communion with the Presbyterian Church in Canada : Provided always, that before any of the powers of leasing, if for a period exceeding seven years, or selling, exchanging or mortgaging be exercised by any congregation or by the trustees thereof, the sanction of the Presbytery within whose bounds such congregation is placed shall be obtained.

5. All other property, real or personal, belonging to or held in trust for the use of any of the said churches or religious bodies, or for any college or educational or other institution, or for any trust in connection with any of the said churches or religious bodies, either generally or for any special purpose or object, shall from the time the said contemplated union takes place, and thenceforth, belong to and be held in trust for and to the use in like manner of "The Presbyterian Church in Canada," or for or to the use in like manner of the said college, education, or other institution or trust in connexion therewith.

6. But all such property, real or personal, as is affected by this Act, shall in all respects, save as aforesaid, be held and administered, as nearly as may be, in the same manner and subject to the same conditions as provided by the Deeds of Trust, Acts of Incorporation, or any other instruments or authority under which the same is now held or administered.

7. As soon as the said union takes place, the Corporation of Knox College shall stand in the same relation to the Presbyterian Church in Canada, in which it now stands to the Canada Presbyterian Church ; and all the provisions of the Act of the late Province passed in the twenty-second year of the reign of Her Majesty Queen Victoria, chaptered sixty-nine, and intituled "An Act to incorporate Knox College," shall continue to apply to said college and corporation ; and all the rights, powers and authorities by said Act vested in the Synod of the then Presbyterian Church of Canada shall be vested in, apply to and be exercised by the Supreme Court of the Presbyterian Church in Canada : And the Corporation of Queen's College shall in like manner stand in the same relation to the Presbyterian Church in Canada, in which it now stands to the Presbyterian Church of Canada in connection with the Church of Scotland ; and all the powers, rights and privileges hitherto exercised and enjoyed by the ministers and members of the Presbyterian Church of Canada in connection with the Church of Scotland, corporators of the said College, and by the Synod of the said Presbyterian Church of Canada in connection with the Church of Scotland, in virtue of their relations respectively to Queen's College at Kingston, shall be exercised and enjoyed by the ministers and members of the Presbyterian Church in Canada, by the Supreme Court of the said Presbyterian Church Canada : Provided always, that the said united Church shall not be required to elect trustees for any Arts Department in Queen's College aforesaid ; and the Corporation of the Presbyterian College of Montreal shall in like manner stand in the same relation to the Presbyterian Church in Canada, as it now stands to the Canada Presbyterian Church , the provisions of the Act of the late Province of Canada, passed in the twenty-eighth year of the reign of Her said Majesty, chaptered fifty-three, and intituled "An Act to incorporate the Presbyterian College of Montreal," shall continue to apply to said College and Corporation, and all the rights, powers and authorities by said Act vested in the Synod of the Canada Presbyterian Church shall be vested in, apply to and be exercised by the Supreme Court of the Presbyterian Church in Canada : And in like manner the Corporation of Morrin College shall stand in the same relation to the Presbyterian Church in Canada, as it now stands to the Presbyterian Church of Canada in connection with the Church of Scotland ; and all the provisions of the Act of the late Province of Canada, passed in the twenty-fourth year of the reign of her said Majesty, chaptered one hundred and nine, and intituled "An Act to incorporate Morrin College at Quebec," shall continue to apply to said College; and all the rights of the Synod of the Presbyterian Church of Canada in connection with the Church of Scotland shall be vested in the Supreme Court of the Presbyterian Church in Canada ; and all the rights, powers and authorities vested by the said Act in the Minister and congregation of St. Andrew's Church, Quebec, shall continue to be held and exercised by said minister and congregation in connection with the Presbyterian Church in Canada ; Provided always, that the said united Church shall not be required to elect trustees for any Arts Department in Morrin College aforesaid.

8. Whereas the ministers of the said Presbyterian Church of Canada in connection with the Church of Scotland are entitled to receive incomes from a fund called the Temporalities Fund, administered by a Board incorporated by Statute of the heretofore Province of Canada, and it is proposed to preserve to them intact, during their respective lives, their said incomes derivable from said fund; it is therefore enacted that the present members of the said Board shall continue in office and manage the said fund on behalf of the said ministers now deriving revenue therefrom, and the income to said ministers shall be continued in full to them respectively during their lifetime, and while Presbyterian ministers in good standing within the Dominion of Canada, whether in active service or retired, and whether in connexion with the said church or not : So soon as any part of the revenue accruing from said fund is not required to meet the payment of said incomes and other vested rights in the fund, and expenses therewith, the same shall pass to and be subject to the disposal of the said united Church ; and any part of the said fund that may remain to the good after the death of the last survivor of the said ministers, shall thereupon pass to and be subject to the disposal of the Supreme Court of said united Church, for the purpose of a Home Mission Fund for aiding weak charges in the united Church ; and vacancies in the meantime occurring in said Board shall not be filled up in the manner hitherto observed, but shall be filled up from among the members of the said united church, nominated by the beneficiaries of the said fund.

9. And whereas, "The Canada Presbyterian Church" and "the Presbyterian Church of Canada in connexion with the Church of Scotland," have each of them a fund for the benefit of widows and orphans of ministers pertaining to them respectively, and it is not deemed desirable that two such funds should long exist separately after the union, nor that there should be two separate organizations for the management thereof ; it is therefore enacted that said two funds shall be kept separate, and the separate and distinct management and administration thereof continued by the Boards respectively having the management and control thereof at the time of the union, so long only, and until the Supreme Court of said united Church shall have made provision for the amalgamation of said two funds and the management thereof, whereupon the said two separate organizations shall become extinct, and the said two funds shall pass to and vest in the trustees, body or persons indicated for the management thereof by the said Supreme Court ; and until such provision is made, vacancies occurring, in either of said respective organizations shall not be filled up as hitherto, but shall be filled up by the remaining members of each of said organizations for their respective bodies.

10. As soon as the said union takes place, the Presbyterian Church in Canada, and any of the trusts in connexion with the said Church, and any of the religious or charitable schemes of the said Church, may by the name thereof, or by trustees, from time to time take by gift, devise or bequest, any lands or tenements or interests therein, provided such gift, devise or bequest be made at least six months before the death of the persons making the same: but the said Church, and the said religious or charitable schemes of the said Church, shall at no time take gift, devise or bequest, lands or tenements, or any interest therein, the annual value of which, together with that of all other lands and tenements theretofore acquired by like means, and then held by the said Church, or by the particular scheme in favour of which such gift, devise or bequest may be made, shall exceed in the whole one thousand dollars ; nor shall the said Church, or any of the religious or charitable schemes of the said Church, at any time take by gift, devise or bequest, lands or tenements the annual value of which and of all the other real estate of the said Church, or of the particular scheme in favour of which the gift, devise or bequest is made, shall together exceed five thousand dollars ; and no lands or tenements acquired by gift, devise or bequest within the limits aforesaid, but not required for the actual use or occupation, shall be held for a longer period than seven years after the acquisition thereof, and within such period the same shall be absolutely disposed of, and the proceeds on such disposition shall be invested in securities, municipal debentures, or other approved securities, not including mortgages on land ; and any lands, tenements or interests therein required by this Act to be sold and disposed of, but which may not have been so disposed of, shall revert to the person from whom the same were acquired, his heirs, executors, administrators or assigns.

11. The union of the said four Churches shall be held to take place so soon as the articles of the said union shall have been signed by the Moderators of the said respective Churches.

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