2. This act shall come into force on the day of its sanc- Coming into tion.

force.

CAP. XL.

An Act to incorporate the Synod of the Church of England in the Diocese of Quebec, and for other purposes connected with the Temporalities of the said Church.

i

1

[Assented to 9th May, 1885.]

HEREAS the Lord Bishop of Quebec and the Synod Preamble. of the Church of England in the diocese of Quebec have, by petition, represented that it is expedient that the said Synod should be incorporated and granted power to hold property, and also to adopt a simple method of authenticating and proving the minutes, journals and canons of the said Synod; and that it is also expedient to amend the law respecting the acquisition and alienation of immovable and other property by the said Church and regulating the management of the temporalities thereof, and to enable the said Bishop to transfer, to the parties for whose benefit they are held, certain properties and funds now by him held in trust, and have prayed to have an act passed for the said purposes, and whereas it is expedient to grant the prayer of the said petition; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. The said Synod is hereby incorporated and made and Synod inoorconstituted a body politic and corporate, under the name of porated.

The Synod of the Church of England in the Diocese of Name. Quebec," with perpetual succession and all other the rights, powers and privileges incident or belonging to like corpo- Powers.

rations.

2. For all acts or purposes, respecting which it may be Certain pernecessary for the said Synod to be represented, it shall be sons to reprerepresented by the Bishop and secretaries in office for the time being.

sent synod.

&c., real

3. The said Synod is hereby authorized and empowered Power to hold, and shall be able, from time to time and at all times estate. hereafter, by gift, bequest, purchase, exchange or any other title, without license of mortmain (lettres d'amortissement), to acquire, receive, take, hold, possess and enjoy property of every kid, real and personal, movable and immovable, for the uses and purposes of the said Church; and the

Copies of jour

nals certified

proof.

same to manage, let, mortgage or hypothecate, exchange, sell, alienate, dispose of and replace whenever the said Synod may deem it expedient so to do, the acts of Parliament, commonly called the Statutes of Mortmain or any other act, law or usage to the contrary notwithstanding. Provided that such immovable property shall not exceed in annual value the sum of twenty thousand dollars over and above the value of such immovable property as may be required for the use of the said corporation itself.

4. The actual and present Bishop of Quebec and secretaries of the said Synod may and they are hereby authorized and empowered to certify by their signature one or more of the existing printed journals of the said Synod for all, each and every the past sessions thereof to be the record of the proceedings, acts and canons of the said Synod; and such printed journals so certified shall be taken to be, and shall have the force and effect of and serve and avail as, the original and authentic records of all the proceedings, acts, minutes, journals and canons of the said Synod to all intents and purposes whatsoever.

5. All copies and extracts, written or printed, certified as such to be by the signature of the Bishop or his commissary, or of the secretaries of the said Synod for the time being, to be true copies of or extracts from the journals of the said Synod, shail be received as proof in all courts and elsewhere, without any other evidence being necessary as to the contents thereof, and shall be held authentic and correct until the contrary be proved.

Rectors, &c.,

Name.

6. The rector, or incumbent, and church-wardens and incorporated. their successors of every church, parish, mission or congregation in the said diocese already duly constituted and appointed, or who may hereafter be duly constituted and appointed, under or in virtue of the regulations of the said diocese or canons of the said Synod shall be incorporated and form a body politic and corporate, under the name of the "Rector (or Incumbent) and Church-wardens of the ·Church (or parish &c) of (designate the Church) of (name the place)" with all the rights, powers and privileges incident or belonging to like corporations; and shall for all purposes represent the church, parish, mission or congregation for which they are constituted and appointed; and shall have the possession, management and administration of all property and temporalities belonging thereto, which shall be vested in them, and may, subject to such rules and regulations as may be made from time to time by the said Synod, let, mortgage or hypothecate, exchange, sell,

Powers.

alienate, dispose of and replace, whenever it may be demed expedient so to do, all property of every kind morable and immovable belonging to such church, parish, mission or congregation; and every deed or conveyance which by law may now be made to any rector or parson or other incumbent may hereafter be made to any rector, parson or other incumbent and church wardens and their

successors.

mortgaged,&o.

7. Nothing in this act contained shall be construed to Certain rights affect the rights of any parsonage or rectory now established not affected. by letters patent, or of any proprietary chapel; nor to Certain propsanction the disposal of any property in a manner contrary erty not beto the terms of the title under which the same is held; nor disposed of or to create, give or confer any permission, right, power or authority to mortgage or hypothecate any church or lot of ground upon which a church may stand or be built, or any church yard or lot of ground forming the immediate enclosure of any church, whether the same be used as a graveyard or not, or any graveyard, cemetery or burial place, whether adjacent to a church or situate elsewhere.

8. The said Bishop may and he is hereby authorized Power of and empowered to assign, transfer and convey to any body transfer propBishop to duly incorporated or which may hereafter become incor-erty. porated all moneys, securities, funds and other property movable and immovable by him received or hereafter to be received in trust for such body before its incorporation; provided such transfer and conveyance be not inconsistent Proviso. with or contrary to the conditions, purport or intent of the trust.

9. The present act shall come into force on the day of Coming inte its sanction.

force.

CAP. XLI.

An Act to enable the Rector of St. Stephen's church, in the Parish of St. Stephen's, in the Diocese of Montreal, to sell the lot of land on which the parsonage house is erected, and the said house and outbuilding.

[Assented to 9th May, 1885.]

HEREAS the Rector of St. Stephen's Church, in the Preambe.

WHEREAS

hath, by his petition, set forth

Power to sell certain real estate.

That, by a deed of donation, made and executed on the seventeenth day of November, eighteen hundred and fiftyseren, before Henry Weston and his colleague, Notaries Public, Charles l'hillips, of the city of Montreal, in the said diocese, Esquire, gave, granted, assigned, transferred and made over, from thenceforth and for ever, unto the Reve rend Jacob Ellegood, the then Incumbent of the said church, then called and known as St. Stephen's Chapel, in the St. Ann's ward.in the said city, present and accepting thereof in his capacity of Incumbent of the said chapel, for himself and his successors in office, for the endowment of the pir sonage, rectory, or living of St. Stephen's chapel aforesaid, a certain lot of ground or emplacement therein described, and which lot is now called and known, on the official plan and in the book of reference of St. Antoine Ward of the said city, as the south east portion of the lot number fifteen hundred and seventy-seven, containing forty feet in front on Crescent street of the said city by about one hundred and fourteen feet in depth, English measure;

That, in accordance with the terms and conditions of the said deed, a parsonage house and an outbuilding were duly erected on the said lot, the said house being now numbered thirty-two of the houses in the said Crescent street;

That, in the opinion and judgment of the said Rector, it is desirable to sell the said lot of land, and the house and outbuilding thereon erected, and to apply the proceeds thereof, either in the purchase or erection of a parsonage house in another part of the said city, or otherwise for the endowment of the parsonage, rectory or living of the said St. Stephen's church;

And whereas it is expedient to grant the prayer of the said petition; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. The Rector of St. Stephen's charch, and his successors in office, are hereby authorized, by and with the consent of the Lord Bishop of Montreal, to sell the said south-east portion of the said lot.number fifteen hundred and seventy-seven on the official plan and in the book of reference of the said St. Antoine ward, and the parsonage house thereon, numbered thirty-two on Crescent street aforesaid and the outbuilding ere ted and being on the said lot of ground, either at public auction, or by private sale, for cash or on credit, or part cash and part credit, as to the said Rector may appear most advisable, and to execute and convey an absolute title thereto to the purchaser or purchasers thereof, and to rece ve payment of the purchase money, and grant all necessary aequi tances and discharges therefor

2. The purchase money to be derived from the said sale Application of shall be applied by the said Rector and his successors in proceeds. office, either in the purchase or erection of a parsonage house in another part of the city of Montreal, for the benefit of, and in connection with St. Stephen's church, or otherwise

for the endowment of the parsonage, rectory or living of the said St. Stephen's Church.

3. This act shall come into force on the day of its sanc- Coming inte tion.

force.

CAP. XLII.

An Act to incorporate the Chapter of the Cathedral of
Three Rivers.

[Assented to 9th May, 1885.]

WHEREAS, the Reverend Charles Olivier Caron, vicar- Preamble.

general and official and provost, Luc Désilets, vicargeneral, Jean-Octave Prince, Isaac Gelinas, Louis-Séverin Rhéault, arch-deacon, Majorique Marchand, Louis Pothier, Louis Richard, dean of the chapter, Jean-Baptiste Comeau, theologist, and François-Xavier Cloutier, penitentiary, all Roman Catholic priests of the diocese of Three Rivers, and resident therein, have, by their petition to the Legislature of the Province of Quebec, represented that, by an apostolic brief, issued on the sixteenth of July eighteen, hundred and fifty-two, and by an episcopal mandate given on the fifteenth of August, eighteen hundred and eighty-four, the chapter of the Cathedral of Three Rivers was regularly and canonically erected, in accordance with the tenor of the instructions of the Sacred College of the Propaganda, accompanying the said brief, and that, by episcopal letters, under the seal of the diocese, dated the twenty-first of August eighteen hundred and eighty-four, they have been called to form the said Chapter, and for that purpose, elected, appointed, nd instituted Titulary Canons of the cathedral of Three Rivers, with all the usual rights and privileges of cathedral chapters established in the Roman Catholic church, with a view of assisting the Ordinary in the administration of his diocese, and in case of a vacancy in the see to provide for the administration thereof; Whereas the said Chapter, so as regularly and efficiently to fulfil the material conditions of its existence, and to secure the necessary revenues to permit of the appointment of prebendary canons, under the provisions of ecclesiastical law, and to have perfect civil autonomy, without prejudice, however, to the episcopal jurisdiction, has