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CHAP. 94.

An Act to confer certain powers on the Board for the
Management of the Temporalities Fund of the
Presbyterian Church of Canada in connection
with the Church of Scotland.

[Assented to 21st May, 1897.]

66

HEREAS a petition has been presented representing that Preamble. under the provisions of chapter one hundred and twenty-four of the statutes of 1882, intituled An Act to amend the Act of the late Province of Canada intituled, "An Act to 1882, c. 124. incorporate the Board for the Management of the Temporalities Fund of the Presbyterian Church of Canada in connection with the Church of Scotland, and the Acts amending the same," it was amongst other things provided that the said Board might if necessary draw upon the capital fund in its hands in order to meet the several payments to the several claimants mentioned. in the said Act, to wit, (1) Four hundred and fifty dollars per annum to certain persons commonly known as commuting ministers" who now are reduced to the number of seven; (2) four hundred dollars per annum to certain other persons commonly known as "privileged ministers" now reduced to the number of five; (3) two hundred dollars per annum to certain other persons; (4) two thousand dollars to Queen's College; (5) two hundred dollars per annum to certain other persons; and that the said Board has since the passing of the said Act continued to administer said fund in terms thereof, and has had constantly to draw upon the capital of said fund to make said payments;-and that it now appears from the report of a competent actuary that the said fund will be exhausted in about two years if the said Board continue to draw upon the capital to meet said payments;-and that the claims of the commuting ministers or founders of the fund who receive four hundred and fifty dollars a year, and the claims of certain other privileged ministers who receive four hundred a year have always by common and unanimous consent of all persons interested been recognized as a prior claim upon said fund during the life time of the said ministers, and such claims for life ought to be fully preserved and protected ;-and that it is deemed

Board may commute certain claims.

desirable to protect the said ministers by making them a final payment of one capital sum each in full discharge of their claims or by purchasing for them life annuities, which payment or annuities would be advantageous to the other claimants on said fund, including Queen's College, by enabling the said Board to continue paying them their stipends for a longer period than they would otherwise be able to do; and whereas the said Board has prayed that an Act be passed enabling it to commute or otherwise satisfy the claims aforesaid, and it is expedient to grant the prayer of the said petition: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Notwithstanding anything contained in chapter one hundred and twenty-four of the statutes of 1882, the Board for the Management of the Temporalities Fund of the Presbyterian Church of Canada is hereby authorized to commute the claims of the seven commuting ministers, and of the five privileged ministers herein before mentioned, with their consent and approval, either by cash payment to each of them of such an amount as may be found equitable, and by which their vested rights in the fund would cease, or by otherwise satisfying their claims so as to leave the Board free to administer the balance of the fund for the sole benefit of the other ministers who are claimants on the fund, and are commonly styled non-privileged ministers, and also for the benefit of Queen's College.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty.

CHAP. 95.

An Act to incorporate Les Cisterciens Réformés.

[Assented to 29th June, 1897.]

HEREAS the persons hereinafter named have, by their Preamble. petition, represented that they are associated together in a religious order called Les Cisterciens Réformés, and commonly known as Trappists, and that they desire to be incorporated for the purposes hereinafter set forth, and it is expedient to grant the prayer of the said petition: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

tion.

1. The Reverend Father Marie Louis de Bourmont, Father IncorporaMarie Paul Pelletier, Father Marie Pie Barriquant, Father Marie Joseph Le Vardois, Father Marie Etienne Belanger, and such persons as are now members of the religious order at the Monastery of Notre-Dame des Prairies, in the village of St. Norbert, in the province of Manitoba, or hereafter become members thereof, either at that monastery or at any other of the same order hereafter established in the said province, or in the North-west Territories, are hereby constituted a body politic and corporate under the name of "Les Cisterciens Ré- Corporate formés," hereinafter called "the Order."

name.

2. The Order may maintain its present monastery in the Location of village of St. Norbert, and may establish and maintain in the monasteries. province of Manitoba and in the North-west Territories, other monasteries or houses of the Order.

3. The domicile and head office of the Order, for the time Head office. being, shall be at the monastery of Notre-Dame des Prairies, in the village of St. Norbert.

factories, etc.

4. The Order may organize, establish and maintain, in con- Establishnection with its Monasteries, experimental and other farms, ment of farms, schools of agriculture, butter and cheese factories, and any other branch of farming, including horticulture, arboriculture, apiculture and stock raising.

money may be acquired.

Lands and 5. The Order may, from time to time, on behalf of its respective monasteries, acquire by purchase, gift, devise or otherwise such lands, moneys, mortgages, securities or other proValue of real perty as are required for the purposes of the Order: Proestate limited. vided that the annual value of the real estate which it may possess in the village of St. Norbert shall not at any time exceed the sum of twenty thousand dollars, and that the annual value of real estate which it may possess in any one place outside of the said village shall not exceed the sum of ten thousand dollars, to be calculated in each case at four per cent per annum upon the value of the said immovable property: Provided also, that the Order shall, within seven years after its acquisition of any real estate, sell or otherwise dispose of and alienate so much thereof as is not required for the use of Application the Order: Provided further, that any devise of real estate shall be subject to the laws respecting devises of real estate to religious corporations in force at the time of such devise in the province or territory in which such real estate is situate, so far as such laws apply to the Order.

Sale of real tstate.

of provincial law.

Property may be sold or leased.

Investments.

Executive council.

documents.

6. The Order may, for its respective monasteries, sell, alienate, exchange, mortgage, lease or demise any real property held by the Order; and may also, from time to time, invest any of its moneys upon mortgage security of real estate, and in debentures of municipal or public school corporation, provincial or Dominion stocks, or securities in any part of Canada, and for the purposes of such investments may take mortgages, or assignments thereof, and whether such mortgages or assignments are made and executed to it in its own corporate name, or to some person in trust for it; and may sell, assign, transfer and discharge such mortgages, either in whole or in part.

7. The temporal affairs and business in each monastery shall be managed, conducted and administered by an executive council composed of members of the Order selected for that purpose in accordance with the by-laws and regulations of the Order, and the superior and the secretary of the Order shall be members of the said council.

Execution of S. All deeds and other instruments shall be in the name of "Les Cisterciens Réformés of the Monastery of (giving title of monastery)" and all such deeds and other instruments, in order to be binding, shall be signed in the name of the Order by the superior and the secretary of the monastery concerned, and sealed with the corporate seal of the Order.

Moneys, to whom pay

able.

9. All moneys payable to the Order, in relation to any monastery, shall be paid to the superior of such monastery, or to such person as he appoints.

10. If at any time the council of any monastery of the How temporary loans Order requires a temporary loan or advance of money for obtained. the purposes for which it is incorporated, it may obtain such loan or advance by way of mortgage upon its real estate or any part thereof, or by note or otherwise as the council of such monastery determines.

and by-laws.

11. The Order may frame and adopt a constitution and Constitution regulations for the management and government of the Order, and may make regulations for enforcing discipline in the Order, and for the appointment, deposition, deprivation, or removal of any person as a member of the Order, or bearing office therein, and also for the acquiring and disposing of property, and for the convenient and orderly management of the property, affairs and interests of the Order.

12. The Order shall, at all times when required, make a Return to Government, full return, under oath, showing the number of its monasteries, when the property, real and personal, held by, or in connection with, required. each such monastery, the income derived from such property, and such other information relating thereto as is required by the Governor in Council or either House of Parliament.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty.

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