CHAPTER 42 An Act respecting the holding of Lands in Trust for Religious Societies and Congregations. be appointed 1. When any religious society or congregation of Christians Trustee may in Saskatchewan desires to take a conveyance or transfer of to hold lands land for the site of a church, chapel, meeting house, burial ground, residence or glebe for the minister or for the support of public worship and the propagation of Christian knowledge such society or congregation may appoint trustees, to whom and their successors to be appointed in such manner as may be specified in the deed of conveyance or transfer or by resolution. passed in the manner provided for in section 10 of this Act the land requisite for all or any of the purposes aforesaid may be conveyed or transferred and such trustees and their successors in perpetual succession by the name expressed in the deed or resolution may take, hold and possess the land and maintain and defend all actions or suits for the protection. thereof or of their property therein: to exceed Provided always that no religious society or congregation Lands not shall be capable of holding under the provisions of this Act three hunmore than three hundred and twenty acres of land. C. O. dred and 1898, c. 38, s. 1. twenty to be within one 2. Such trustees shall within twelve months after the execu- Conveyance tion of the transfer or deed of conveyance as authorised in the registered next preceding section cause the title to the land described year therein to be registered in the land titles office of the land registration district in which the land is situated, otherwise the said deed or transfer shall be void. C. O. 1898, c. 38, s. 2. secured by 3. When a debt has been or may hereafter be contracted for Debts the building, repairing, extending or improving a church, mortgage chapel, meeting house or residence for the minister on land held by trustees under the provisions of this Act or for the purchase of the land on which the same has been or is intended to be erected the trustees or a majority of them may from time to time secure payment of the debt or any part thereof with or without interest by mortgage upon the land, church, chapel, Power to meeting house or residence for the minister or may borrow money to pay the debt or any part thereof and may secure the repayment of the loan with or without interest by a like mortgage. C. O. 1898, c. 38, s. 3. borrow Land may be leased When consent of a society or congregation to lease necessary Renewal of lease Trustees to of landlords 4. The trustees may lease for any term not exceeding twenty-one years land held by them under this Act or part thereof at such rent and upon such terms as the trustees or a majority of them may deem reasonable: Provided always that the trustees shall not lease any land which at the time of the making of the lease is necessary for the purpose of erecting a church, chapel, meeting house or residence for the minister or for a burial ground for the religious society or congregation for whose use the land is held; and Provided further that the trustees shall not lease the land so held by them or any part thereof for a term exceeding three years without the consent of the religious society or congregation for whose use the land is held, which consent shall be signified by resolution passed by the votes of a majority of those persons who by the constitution of the said religious society or congregation or by the practice of the church with which it is connected are entitled to vote in respect of church business, present at a meeting of the religious society or congregation duly called for the purpose of considering the proposed lease. C. O. 1898, c. 38, s. 4. 5. In any lease made under the last preceding section the trustees may covenant or agree for the renewal thereof at the expiration of any or every term of twenty-one years for a further term of twenty-one years or any less period at such rent and on such terms as may then by the trustees for the time being be agreed upon with the lessee, his executors, administrators or assigns or may covenant or agree for the payment to the lessee, his executors, administrators or assigns of the value of any buildings or other improvements which may at the expiration of any term be on the demised premises; and the mode of ascertaining the amount of such rent or the value of such improvements may also be provided for in the original or any subsequent lease. C. O. 1898, c. 38, s. 5. 6. The trustees for the time being holding land under this have powers Act which has been leased under the powers contained in sections 4 and 5 of this Act may take all such means and proceedings for the recovery of rent or arrears of rent which landlords are by law entitled to take. C. O. 1898, c. 38, s. 6. Sale of land 7. When land held by trustees for the use of a religious society or congregation becomes unnecessary to be retained for such use and it is deemed advantageous to sell the same the trustees for the time being may give public notice of an intended sale, specifying the premises to be sold, the terms of payment and the time of sale and after publication of the notice not less than once in each week for four successive weeks in a newspaper published in or near the place where the land is situated, sell the land at public auction according to notice, but the trustees shall not be obliged to complete or carry a sale into effect if in their judgment an adequate price is not offered for the land; and in such case the trustees may at a subsequent time sell the land either at public auction or private sale but a less sum shall not be accepted at private sale than was offered at public sale. C. O. 1898, c. 38, s. 7. judge to 8. Before a deed or transfer is executed in pursuance of a Sanction of public or private sale the religious society or congregation for transfer whose use the land is held shall be notified and the sanction of a judge of the supreme court obtained for the execution of the deed. C. O. 1898, c. 38, s. 8. statement 9. Trustees selling or leasing land under the authority of Annual this Act shall in the month of January in each year at a meeting of the religious society or congregation duly called according to the constitution thereof or according to the practice of the church with which it is connected, have ready and open for the inspection of the said society or congregation and of any and every member thereof a statement showing all rents. which accrued during the preceding year and all sums of money in their hands for the use and benefit of the said society or congregation which were in any manner derived from the land under their control or subject to their management or from the proceeds of the sale thereof and also showing the manner in which they may have expended or dealt with the said money or any part thereof. C. O. 1898, c. 38, s. 9. congregation manner of succeeding 10. When land is granted, transferred or conveyed to Society or trustees for the use of any religious society or congregation and may specify the grant, transfer or deed of conveyance of such land does not appointing specify the manner in which the successors to the trustees trustees therein named are to be appointed the religious society or congregation for whose use such land is held may at a meeting of the said society or congregation duly called according to the constitution thereof or according to the practice of the church with which it is connected, by the votes of a majority of those persons who by the constitution of the said society or congregation or by the practice of the church with which it is connected are entitled to vote in respect of church business, then present at such meeting, pass a resolution specifying the manner in which the successors of the trustees for the time then being are to be appointed and such resolution indorsed on or annexed to the deed, transfer or conveyance under which the land is held for the use of the said society or congregation signed by the chairman and secretary of the meeting at which the resolution is adopted shall govern and regulate the manner in which the successors of the trustees named in the original grant or conveyance shall be appointed and from and after the passing of Presbyterian congregations Exception such resolution the provisions of this Act shall apply to the said society or congregation and the trustees thereof. C. O. 1898, c. 38, s. 10. 11. In the case of a congregation connected with the Presbyterian Church in Canada for the use or benefit of which land is now held or may hereafter be held by The Board of Management of the Church and Manse Building Fund of the Presbyterian Church in Canada for Manitoba and the North-West pursuant to the powers contained in the Act of Parliament of Canada passed in the forty-sixth year of the reign of Queen Victoria and chaptered 97, incorporating the said board of management, in the case of any congregation of the said church which has received from the said board a loan under the provisions of the said Act, no resolution passed under the last preceding section shall have any force or be operative until the same has been submitted to the said board of management and the consent thereto of the said board of management has been engrossed in writing under their corporate seal. C. O. 1898, c. 38, s. 11. CHAPTER 43 An Act respecting the Devolution of Estates of Deceased Persons. SHORT TITLE. 1. This Act may be cited as "The Devolution of Estates short title Act." 1907, c. 16, s. 1. INTERPRETATION. 2. In this Act unless the context otherwise requires the expression: property" 1. "Real property" extends to and includes messuages, lands, "Real rents and hereditaments whether of freehold or any other tenure whatsoever and whether corporeal or incorporeal and any undivided share thereof and any estate, right or interest other than a chattel interest therein; property" 2. "Personal property" extends to and includes leasehold "Personal estates and other chattels real and also moneys, shares of government and other stocks or funds, securities for money not being real property, debts, choses in action, rights, credits, goods and all other property whatsoever other than real property as above defined; 3. "Issue" includes all lawful lineal descendants of the "Issue" intestate. 1907, c. 16, s. 2. LIABILITY FOR DEBTS. intestate's debts 3. When any person dies intestate the real and personal Liability of estate of the deceased except in so far as either is excepted estate for by law or enactment shall be chargeable with all legal debts, liabilities and funeral expenses; but the personal property shall be exhausted before resort is made to the real property. 1907, c. 16, s. 3. DISTRIBUTION OF ESTATE OF INTESTATES. leaving a children 4. If any intestate dies leaving a widow and a child or Intestate children or issue one-third of his real and personal property widow and shall go to his widow and the remaining two-thirds shall go to his child or if more than one to his children in equal shares and in case of the decease of any of his children to such as shall legally represent them such representatives to take the |