184 Preamble. Power to sell certain land in Goderich. CAP. 57,58. CHURCH SOCIETY OF THE DIOCESE OF HURON. 33 VIC. CAP. LVII. An Act to authorize the Church Society of the Diocese of Huron to sell certain Church land in the township of Goderich. W [Assented to 24th December, 1869.] WHEREAS the Church Society of the diocese of Huron have in pursuance of the wishes of the English Church of St. George, in the town of Goderich, expressed by a resolution of the vestry of said church, petitioned for an Act to authorize the said society to sell that part of the River Maitland Falls Reserve in the township of Goderich, in the county of Huron, by deed dated the third day of June, one thousand eight hundred and sixty-three, and registered in the registry office for the said county on the twenty-seventh day of December, one thousand eight hundred and sixty-five, in volume three for the said township, folio two hundred and six, granted by the Canada Company to the said society as a glebe for the said church of St. George; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :-- 1. The Church Society of the diocese of Huron may sell and dispose absolutely of said land or of any part thereof; and shall have and hold the proceeds arising therefrom after paying thereout all the expenses attending the management thereof, towards Purchasers not the endowment of St. George's Church aforesaid; but no purto be liable for chaser shall be liable for the application of any money paid by him on any sale under the provisions of this Act. application of purchase money. Preamble. CAP. LVIII. An Act to authorize the Trustees of the McNab Street Wesleyan Methodist Church, in the City of Hamilton, to sell and convey certain Real Estate vested in them, and to apply the proceeds in payment for another Church. WI [Assented to 24th December, 1869.] HEREAS the Rev. John Potts, chairman, Edward Jackson, Dennis Moore, William Boice, Edward Gurney and Archibald McCallum, all of the City of Hamilton, trustees of the congregation of the McNab Street Wesleyan Methodist Church, of the City of Hamilton, have, by their petition, set forth that the said trustees hold certain real estate, to wit: all that parcel of of land and premises situate on the north-east corner of MeNab and Merrick streets, in the said City of Hamilton, known as the McNab street Wesleyan Methodist Church property, and the premises and appurtenances thereunto belonging, and which is more particularly described in a certain deed of conveyance made by one David Kirkendall, of said City of Hamilton, gentleman, of the first part, and one Thomas Taylor, of the City of Hamilton, carpenter, one John Taylor, of the City of Hamilton, carpenter, the said Dennis Moore, the said Edward Jackson, and one William Orr, of the City of Hamilton, tallow chandler, as trustees of the Wesleyan Methodist Church in Canada, of the second part, and bearing date the twentieth day of October, in the year of our Lord one thousand eight hundred and forty-five, and registered in the registry office for the county of Wentworth, the twenty-second day of June, in the year of our Lord one thousand eight hundred and forty-six; and whereas, through mistake or inadvertence, the consideration in said deed was expressed to be five shillings, whereby said deed appears to have been a voluntary conveyance, and the land therein contained to have been a free gift for special purposes, the real consideration for the same having been the sum of one hundred and sixty-two pounds ten shillings; and whereas said trustees are desirous of selling said church property, and of applying the proceeds from such sale towards the payment of a new church erected for the congregation formerly worshiping on said premises, but are unable to do so by reason of the Act of Parliament passed in the twelfth year of the reign of Her Majesty Queen Victoria, by the Parliament of Canada, and chaptered ninety-two; and whereas it is expedient to grant the said trustees, the petitioners aforesaid and their successors in office, or a majority of them, power to sell and convey the said lands and premises, and to apply the proceeds thereof as they desire: Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: ward Jackson 1. All that certain parcel of land and premises situate on the Certain lands north-east corner of McNab and Merrick streets, and mentioned vested in Edand described in the said deed of conveyance above referred to, and others, as and being situate in the City of Hamilton, in the county of trustees. Wentworth, containing by admeasurement five thousand four hundred square feet, be the same more or less, and being composed of part of lot number eight, in block number five, in that part of the City of Hamilton laid out into town lots by the said David Kirkendall, and being butted and bounded, or may be known as follows, that is to say:-Commencing at the intersection of the easterly limits of McNab street, and the northerly limits of Merrick street, in the said survey; thence along McNab street on a course north eighteen degrees east, sixty feet; thence south sixty-nine degrees ten minutes east, parallel with said Merrick street, ninety feet; thence south eighteen degrees west, sixty feet more or less, to the northerly limits of Merrick Power to trustees to sell. Merrick street aforesaid; thence north sixty-nine degrees ten minutes west, ninety feet more or less, to the place of beginning, with all the rights and appurtenances thereto belonging, are hereby vested in Edward Jackson, of the City of Hamilton, esquire, Dennis Moore, of the City of Hamilton, merchant, William Boice, of the City of Hamilton, merchant, Edward Gurney, of the City of Hamilton, merchant, and Archibald McCallum, of the City of Hamilton, teacher, under the name of the "Trustees of the McNab street Wesleyan Methodist Church, Hamilton," and their successors in office, to be chosen and appointed in pursuance of and according to the terms and directions of a certain indenture, bearing date the twenty-fourth day of May, in the year of our Lord one thousand eight hundred and fifty, and made between Joseph Bloor, of the village of Yorkville, in the county of York, and his wife, and the trustees of the Wesleyan Methodist Church of the village of Yorkville, and registered in the registry office for the county of York, and which deed is known as the model deed of the Wesleyan Methodist Church in Canada, in fee simple, to hold upon similar trusts and for similar uses and purposes, as those set forth in the said model deed, subject, however, to the conditions and provisoes contained in the original grant thereof from the Crown, and also to any incumbrance existing upon the same. 2. The said "Trustees of the McNab street Wesleyan Methodist Church, Hamilton," and their successors in office, or a majority of them, are hereby authorized and empowered to sell the land and premises above mentioned and described, any thing in the said deed or in the Act of Parliament passed in the twelfth year of Her Majesty's reign, by the Parliament of Canada, and chaptered ninety-two, to the contrary notwithstanding, and to convey the same, whenever it is deemed by the said trustees, and their successors in office, or a majority of them, advisable to do so, and to apply the proceeds thereof in the payment for a new church; and the purchaser or purchasers of the said proapplication of perty from the said trustees, and their successors in office, or a majority of them, shall not be in any way bound to see to the application, or be answerable for the non-application or misapplication of the purchase money, or any part thereof; but the receipt of the said trustees, and their successors in office, or such of them as join in the said conveyance, shall be a sufficient discharge of the same. Purchasers need not see to purchase money. CAP. CAP. LIX. An Act to appoint Trustees for certain Lands belonging to the Presbyterian Church, in connection with the Church of Scotland, in the Townships of Dummer and Asphodel, in the County of Peterborough. [Assented to 24th December, 1869.] HEREAS it hath been made to appear by the petition of Preamble. the Rev. Daniel James Macdonnell, Moderator of the Presbytery of Victoria, and the Rev. Robert Dobie, clerk of the said Presbytery, the said Presbytery being a Presbytery of the Presbyterian Church of Canada in connection with the Church of Scotland, that by letters patent bearing date the twentyfirst day of February, one thousand eight hundred and fortyeight, certain land in the township of Asphodel, in the county of Peterborough, within the bounds of the said Presbytery, the same being lots thirteen and fourteen, in the twelfth concession of the said township of Asphodel, were granted to John Hope and others, and their successors, for ever, in trust as a glebe for the members of the Presbyterian Church (in connection with the Church of Scotland); but the said letters patent did not provide any manner of appointing successors to the said trustees, and in consequence there is great danger of the members of the said Presbyterian Church being deprived of the use of the said lands; and also that by certain other letters patent, bearing date the ninth day of January, one thousand eight hundred and forty-seven, certain land in the township of Dummer, in the said county of Peterborough, the same being the west half of lot number six, in the fourth concession of the said township of Dummer, was granted to Ninian Forsyth and others, and their successors, for ever, in trust, as an endowment or glebe for the Presbyterian congregation in the said township of Dummer, in connection with the said Church of Scotland; and although the said last mentioned letters patent made certain provisions for the appointment of new and succeeding trustees, there is now no evidence that such provisions have been properly acted on, and it is impossible to say who are trustees, or that any new trustee or trustees have ever been appointed with the formalities requisite; and it is desirable to vest the said lands in new trustees, and to provide for the appointment of their successors in office: Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: of new trus 1. The said lots, and all the estate and interest therein of Appointment the original trustees named in each of the aforesaid letters pa- tees. tent, shall, by virtue of this Act, be and are hereby declared to be vested in fee simple in Robert Dennistoun, John Carnegie, the Vacancies in the office of trustee, how filled up. the younger, and Robert Romaine, all of the town of Peterborough, in the said county, Esquires, David Rose, of the said township of Dummer, and Alexander Nesbitt, of the township of Otonabee, in the said county, farmers, and their successors in office, to be appointed as hereinafter provided, in trust for the support and maintenance of ministers or missionaries of the said Presbyterian Church in connection with the Church of Scot land. 2. That when any of the said trustees shall happen to die, or be desirous of being discharged from the powers and trusts in them reposed, or become incapable of acting in the same, or cease to reside in the Province of Ontario, then the Presbytery of Victoria, or any existing Presbytery in connection with the said church, within whose bounds the said townships of Asphodel, Dummer, and Otonabee are situated, may from time to time appoint any fit and proper person or persons, being a layman or laymen, and resident within the bounds of the said Presbytery, as a trustee or trustees, as vacancies may happen; Provided always that at least two of the resident in As- said five trustees shall be resident in the said townships of phodel, Dum- Asphodel, Dummer, or Otonabee when any appointment or apbee, pointments are made; and every appointment when made by appointment the said Presbytery shall be entered in the records of the said to be recorded, Presbytery; and a certificate of such appointment signed by the Moderator and Clerk of the said Presbytery from time to time, and at any time, shall be sufficient evidence of such appointment having been duly made. Two of the trustees to be mer, or Otona &c. 3. The said trustees shall and may from time to time have and exercise the rights and privileges conferred by the fourth, fifth, six and seventh sections of chapter sixty-nine of the Consolidated Statutes of Upper Canada, as if the same were incorporated in and formed part of this Act. 4. It shall be lawful to and for the said trustees, or a majority of them, to sell and convey the said lots, or any or either of them, or any part or parts of any or either of them, in fee simple, free from any trust or trusts; and to invest the proceeds, when received, in the public securities of the Dominion of Canada, or Province of Ontario, Municipal Debentures, or other securities to be held on the like trusts; and any sale or sales may be made on such terms as to the payment of the purchase moneys, as the said Trustees or a majority of them see fit, and a mortgage or mortgages may be taken for any balance of purchase money and interest; and the said investments may be realized, changed or altered from time to time, as the Trustees or a majority of them see fit. 5. This Act shall not affect or interfere with the rights of any party or parties under existing leases of any part of any of the said property. CAP. |