Statutes of New Brunswick
38° VICTORÆ, A.D. 1875
An Act respecting the Union of certain Presbyterian Churches therein named.
1 After union, property of Church in New Brunswick how held, &c.
2 If any Congregation declines union, property or such Congregation not affected.
3 When alteration of conditions of Trust Deeds may be made.
4 When provisions of Act 22 Vic. Cap. 6, shall apply to this Act.
5 Property held in trust for College or other educational Institution, how held.
6 Property affected by this Act, how administered
7 Amount that may be received by the Presbyterian Church in Canada, or Congregation connected therewith, by gift, &c.
8 When Union of Churches shall be held to take place.
Passed 10th April, 1875.
WHEREAS the Canada Presbyterian Church, the Presbyterian Church of Canada in connexion 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 petition 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 New Brunswick, and other matters affecting the same, in view of said Union;-
Be it therefore enacted by the Lieutenant Governor, Legislative Council, and Assembly, as follows:-
1. As soon as the Union takes place, all property real or personal within New Brunswick, now belonging to or held in trust for or to the use of any Congregation in connexion or communion with the Presbyterian Church of New Brunswick, now united with the aforesaid Presbyterian Church of the Lower Provinces, 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 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 Church with which it is connected, are entitled to vote at such a meeting, not to enter into the said Union, but to dissent therefrom, then and in such case, this congregational property of the said Congregation shall remain unaffected by this Act or 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 to 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 contained 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 within whose bounds 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 General Assembly of New Brunswick, twenty second Victoria, Chapter 6, intituled An Act for incorporating the Synod of the Church known as the Presbyterian Church of New Brunswick, and the several Congregations connected therewith, shall apply, except in those cases where such clauses and provisions are inconsistent with the provisions of this Act, to the various Congregations of said Church in New Brunswick, 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, 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 connexion 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, educational 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 other instruments of authority under which the same is now held or administered.
7. 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 congregations or 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 : But the said Church or Congregation, or the said religious or charitable schemes of the said Church, shall at no one time take by gift, devise, or bequest, lands or tenements, or any interest therein, the annual value of which shall exceed in the whole three thousand dollars ; nor shall the said Church, or any of the Congregations, or 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 other real estate of the said Church in the Province of New Brunswick, or of the particular scheme favour of which the gift, device or bequest is made, shall exceed together ten thousand dollars.
8. The Union of the said four Churches shall be held to take place as soon as the Articles of such Union shall have been signed by the Moderators of the said respective Churches.