CHAP. 140.

An Ordinance respecting the property of Religious Institutions in the Colony of British Columbia.

A.D. 1869.

[15th March, 1869.]

WHEREAS it is expedient to amalgamate the Local Laws Preamble.

respecting the property of Religious Institutions:

Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:—

ing land.

1. Where a Religious Society or Congregation of Christians in Provides for Relithe Colony of British Columbia desire to take a conveyance of land gious Societies holdfor the site of a church, chapel, meeting house, school, belfry, burial ground, or residence for the minister, or for the support of public worship and the propogation 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, the land requisite for all or any of the purposes aforesaid may be conveyed; and such trustees and their successors in perpetual succession, by the name expressed in the deed, may, after the consent of the Governor thereto first had and obtained, take, hold, and possess the land, and maintain and defend actions in law or equity for the protection thereof, and of their property therein.

2. But such trustees shall, within twelve calendar months after Title Deeds must be the execution of the deed of conveyance, cause the deed to be registered. registered in the office of the Registrar-General for that portion of

the Colony in which the land included in the deed is situate, or otherwise the same shall be void.

3. When a debt has been, or may hereafter be, contracted for Property of religithe building, repairing, extending or improving of a church, meet- ous bodies may be mortgaged. ing house, chapel, school, or belfry on land held by trustees for the benefit of any Religious Society in the Colony of British Columbia, 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 the debt, or any part thereof, by a mortgage upon the land, church, meeting house, chapel, school, or belfry, or may borrow to pay the debt or part thereof, and may secure the re-payment of the loan and interest by a like mortgage upon such terms as may be agreed upon.

4. The grantees in trust named in any letters patent from the Trustees may let Crown, or the survivor or survivors of them, or the trustees for the lands belonging to religious bodies;

A.D. 1869.

but not without con

time being appointed in manner prescribed in the letters patent or other deed, whereby lands are granted for the use of a congregation or religious body, and any other trustees for the time being entitled by law to hold lands in trust for the use of a congregation or religious body, may let, for any term not exceeding twenty-one years, lands so held by them for the use of a congregation or religious body, at such rent and upon such terms as the trustees or a majority of them deem reasonable; and in the lease they 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 a less period, at such rent and upon such terms as may then by the trustees for the time being be agreed upon with the lessee, his heirs, 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 in the demised premises, and the mode of ascertaining the amount of such rent, or the value of such improvements, may also be specified in the original lease.

5. But trustees shall not have the power so to let, without the sent of congregation. consent of the congregation or religious body for whose use they hold the land in trust, such consent to be signified by the votes of a majority of the members present at a meeting of the congregation or religious body duly called for the purpose; nor to let any land, which at the time of making the lease is necessary for the purpose of erecting a church, place of worship, or other building thereon, or for a burial ground for the congregation for whose use the land is held.

Trustees may sue.

religious bodies;

6. The trustees, for the time being, entitled by law to hold land in trust for a congregation or religious body, may, in their own names or by any name by which they hold the land, sue or distrain for rent in arrear, and take all such means for the recovery thereof as landlords in other cases are entitled to take.

Trustees may dis7. When land held by trustees for the use of a congregation or pose of property of religious body becomes unnecessary to be retained for such use, and it is deemed advantageous to sell the land, the trustees for the time being may give public notice of an intended sale, specifying the premises to be sold, and the times and terms of sale; and after publication of the notice for four successive weeks in a weekly newspaper published in or near the place where the lands are situated, and in the Government Gazette, may proceed to sell the land at public auction according to the notice, but the trustees shall not be obliged to complete or carry into effect the sale, if in their judgment an adequate price is not offered for the land, and the

A.D. 1869.

trustees may thereafter proceed to sell the land either by public or private sale; but a less sum shall not be accepted at private sale than was offered at public sale. And before a deed is executed in and sanction of congregation obtained pursuance of a public or private sale, the congregation or religious thereto. body for whose use the lands are held, shall be duly notified thereof and their sanction obtained by resolution passed at a meeting called for that purpose.

and submit to con

ment of their tran

8. Trustees selling or leasing land under the authority of this Trustees to prepare Ordinance, shall, on the first Monday in July in every year, have gregation a stateready and open for the inspection of the congregation or religious sactions. body which they represent, and of any minister thereof, a detailed statement showing all rents which accrued during the preceding year, and all sums of money whatever in their hands for the use and benefit of the congregation or religious body, and which were in any manner derived from the lands under their control or subject to their management, and also showing the application of any portion of the money which has been expended on behalf of the congregation or religious body.

examine Trustees.

9. The Supreme Court having jurisdiction may, in a summary Empowers Courts to manner, on complaint upon oath by three members of a congregation or religious body of any misfeasance or misconduct on the part of trustees in the performance of duties authorized by 'this Ordinance, call upon the trustees to give in an account, and may enforce the rendering of such account, the discharge of any duties, and the payment of any money, so that the congregation or religious body may have the benefit thereof, and the Court may compel the trustees in case of any misconduct, to pay the expense of the application, or may award costs to the trustees in case the application is made on grounds which the Court considers insufficient, or frivolous, or vexatious.

10. Nothing in this Ordinance shall empower any trustees of any Burial grounds must religious body to occupy or use land for burial purposes within the be outside of City limits of any towns or cities in British Columbia.

limits.

11. The Bill entitled "A Bill for the passage of any Act respecting Repeals Religious the property of Religious Institutions in the Colony of Vancouver Institutions property Act of V. I. Island and its Dependencies," is hereby repealed, but any act done or executed thereunder, shall be deemed to have been duly done and executed, as if done and executed under the provisions of this Ordinance.

12. This Ordinance may be cited for all purposes as the "Reli- Short Title. gious Institutions Ordinance, 1869."

A.D. 1873.

When goods may be replevied.

Goods seized in execution not to be replevied.

County Courts may grant replevin where value does not exceed $500.

Proceedings necessary to entitle a party to replevy.

HE

CHAP. 141.

An Act relating to Replevin.

[21st February, 1873.]

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows::

When Goods repleviable.

1. When any goods, chattels, deeds, bonds, debentures, promis sory notes, bills of exchange, books of account, papers, writings, valuable securities, or other personal property, or other effects, have been wrongfully distrained, under circumstances in which, by the law of England, replevin might be made, the person complaining of such distress, as unlawful, may obtain a writ of replevin in the manner prescribed by this Act, or in case any such goods, chattels, property, or effects, have been otherwise wrongfully taken or detained, the owner, or other person, or corporation, at the time this Act takes effect, capable of maintaining an action of trespass or trover for personal property, may bring an action of replevin for the recovery thereof, and for the recovery of damages sustained by reason of such unlawful caption or detention, or of such unlawful detention, in like manner as actions are brought and maintained by persons complaining of unlawful distress.

Goods in execution not repleviable.

2. The provisions herein contained, shall not authorize the replevying of, or taking out of the custody of any sheriff or other officer, any personal property seized by him under any process issued out of any Court of Record for British Columbia.

Replevin in County Courts.

3. In case the value of goods, or other property, or effects distrained, taken, or detained, does not exceed the sum of five hundred dollars, and in case the title to land be not brought in question, the writ of replevin may issue from the County Court of any district wherein such goods, or other property or effects have been distrained, taken, or detained.

Procedure.

4. Before any writ of replevin issues, the person claiming the property, his servant, or agent, shall make an affidavit entitled and filed in the Court out of which the writ issues, and sworn before any person entitled to administer au affidavit therein, stating—

(1.) That the person claiming the property is the owner thereof, or that he is lawfully entitled to the possession thereof, describing the property in the affidavit.

A.D. 1873.

Affidavit to be made.

(2.) The value thereof, to the best of his belief, and such descrip- To state value, &c. tion of the property, and the value, shall be stated in the writ.

tested.

5. The writ shall be tested by the Judge or Chief Judge of the How writs to be Court out of which the same shall issue, and be returnable on the eighth day after the service of a copy thereof, and may be in the form A, or otherwise adapted to the circumstances of the case.

served.

6. A copy of such writ shall be served on the defendant personally, Copy of writ to be or, if he cannot be found, by leaving the copy at his usual or last place of abode, with his wife or some other grown person, being a member of his household, or an inmate of the house wherein he resided as aforesaid.

replevied.

7. The sheriff or officer to whom the said writ is directed, shall Sheriff not to serve not serve a copy of the writ until he has replevied the property, or writ until he has some part of the property therein mentioned, if he cannot replevy the whole, in consequence of the defendant having eloigned the the same out of the district, because the same is not in possession of the defendant, or of any person for him.

bond.

8. Before the sheriff or other officer replevies, he shall take a Sheriff before he bond in double the value of the property to be replevied, as stated replevies, to take in the writ, which bond shall be assignable to the defendant, and the bond and assignment thereof may be in the form B, the condition being varied to correspond with the writ; and the assignee of such bond shall be capable of maintaining an action thereon in any court of law or equity in this Province.

in house, how She

9. In case the property to be replevied, or any part thereof, be If property to be resecured or concealed in any dwelling-house, or other building or plevied is concealed enclosure of the defendant, or of any other person holding the same riff to act. for him, and in case the sheriff, or other officer to whom such writ is directed, publicly demands from the owner and occupant of the premises, deliverance of the property to be replevied, and in case the same be not delivered to him within twenty-four hours after such demand, he may, and if necessary shall, break open such house, building or enclosure, for the purpose of replevying such property, or any part thereof, and shall make replevin according to the writ aforesaid.

10. If the property to be replevied, or any part thereof, be con- If concealed about cealed either about the person or on the premises of the defendant, the person.

or of any other person holding the same for him, and in case the