CHAPTER 31. An Act respecting Church Lands vested in Trustees. HIS IS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Church Lands Act." R.S.M. c. 23, s. 1. CONVEYANCE TO TRUSTEES FOR CHURCH. Short title. trustees may 2. When any religious society, church or congregation church of Christians or Jews in Manitoba desires to take a convey-hold land. ance, or a transfer or certificate of title under "The Real Property Act," of or to any land to be used for the support of public worship or the propagation of Christian knowledge, or of or to not more than twenty acres of land to be used for the purpose of a cemetery, such conveyance, transfer or certificate of title may be taken to trustees in the appropriate one of the forms set forth in schedule A to this Act, and such trustees and their successors in perpetual succession, by the name expressed in the deed, transfer or certificate of title, may take, hold and possess the lands therein described, and maintain and defend actions and suits for the protection thereof, and of their property therein: more than Provided that no such society, church or congregation Not to hold shall be capable of taking or holding more than three hundred 300 acres. acres, and such other lands as may be allotted to any such society, church or congregation as commutation under "The Manitoba Act" for any right of common and of cutting hay, held and enjoyed by such society, church or congregation. R.S.M. c. 23, s. 2. need not be 3. The trustees of the land so held for cemetery purposes Trustees of for any religious society, church or congregation need not be cemetery the same persons who hold other land as trustees under the same as truslast preceding section. R.S.M. c. 23, s. 3. tees under section 2 become a corporation. 4. The trustees and their successors in office may, by Trustees may resolution of the society, church or congregation at any annual or special meeting called in pursuance of this Act, be and Trustees' term of office. During va cancy rest to have full power. General meeting. Notice of meeting. Provision for failure of meeting. become a body politic and corporate under the name of the "Trustees of (giving distinguishing name) Church, in the (city, town, village or rural municipality) of (name of municipality), in the Province of Manitoba," and shall have perpetual succession and a common seal, and by such name have all the powers and privileges possessed by or given to trustees under this Act, and under said name may sue and be sued, plead and be impleaded, answer and be answered in all courts and places whatever, and the said corporation shall have all the powers of corporations under "The Manitoba Interpretation Act:” Provided, always, that a copy of such resolution, signed by the chairman and secretary of the meeting at which it was adopted, and by the said trustees, duly verified as to the execution thereof by statutory declaration, shall, within six months after the date of such meeting, be filed in the office of the Provincial Secretary, and the same shall be conclusive evidence of such incorporation, and a copy thereof, under the hand of the Provincial Secretary, shall be received in all cases as prima facie proof of the facts and matters therein stated, without proof of the signature of the Provincial Secretary. R.S.M. c. 23, s. 4. 5. Each of the trustees shall hold office until he shall die or resign or cease to be a member of the society, church or congregation, or until he shall be removed in the manner hereinafter provided, and no longer. R.S.M. c. 23, s. 5. 6. If a trustee cease to hold office as such, the remaining trustees shall have all the estate and powers originally vested in the whole number, until another trustee shall have been appointed in the manner hereinafter provided. R.S.M. c. 23, s. 6. . 7. A general meeting of the society, church or congregation may be held on the third Tuesday in January in each and every year. (2) Such meeting (except in the case of a religious society, church or congregation of Jews) shall be called by written notice read to the congregation by the officiating minister, during or at the close of public worship, and before the congregation shall have been dismissed, on each of the two Sundays next preceding the holding of the said meeting. (3) If from any cause such a meeting shall not be held on that day, or if for any reason after the holding of such meeting no successor shall have been appointed to any person who has ceased to be a trustee as aforesaid either before or since such meeting, then, if the trustees or seven members of the society, church or congregation in full communion therewith shall, by writing under their hands, request him or them so to do, the minister or ministers officiating upon any two successive Sundays shall, in like manner, call such a meeting for any day in the week immediately following the second of such Sundays. (4) If the society, church or congregation be one of Jews, the meeting shall be similarly called, but the days usually observed and kept by them weekly as days for public worship shall be substituted for Sundays in the foregoing portion of this section. (5) Any such meeting may be adjourned as occasion Meeting may shall require. be adjourned. removal of (6) At such regular or adjourned meeting the said Election or society, church or congregation, by the votes of the majority trustees. of the members thereof in full communion there present, may remove any trustee and may elect and appoint any member of the said society, church or congregation to be a trustee in the place or stead of any person who has ceased to be a trustee, and thereupon the trustee so appointed, with such of the trustees originally named in the conveyance, transfer or certificate of title, or subsequently duly appointed, as have not ceased to be trustees, shall have all the estate and powers originally vested in the said original trustees. R.S.M. c. 23, s. 7. of to be kept person 8. A minute of every such removal, election or appoint- Minute therement, or of the adoption of the name under section 9 of this in a book and Act, shall be entered in a book to be kept for the purpose, and signed by shall be signed by the person who presides at the meeting, and presiding. such minute so signed shall for all purposes be sufficient prima facie evidence of such removal, election or appointment, or the adoption of such name; but the omission or neglect to make or sign such minute shall not invalidate such removal, election or appointment, or the adoption of such name. removal, appointment (2) A certificate by the secretary of the society, church Evidence of or congregation, or other officer in whose custody such book election or is kept, as to such removal, election or appointment, or the of trustees to adoption of such name, shall be conclusive evidence thereof be used in for the purpose of the district registrar of any land titles dis- office. trict. R.S.M. c. 23, s. 8. land titles Deeds to trustees heretofore made valid. Proviso where several names are used. Time within which con veyance or transfer to 9. Any conveyance of lands made before the first day of July in the year 1883 to any persons described as trustees for any such society, church or congregation as aforesaid, and purporting to be made to such persons and their successors, shall be deemed to have the same effect as if the same had been a conveyance of the lands described therein under this Act; and where more than one of such conveyances have been made for the benefit of any such society, church or congregation under different names, such society, church or congregation may, at a general meeting duly called, as aforesaid, by a majority vote, as aforesaid, adopt one of such names as the name whereby the trustees for the said society, church or congregation shall hold the said lands as in section 2 of this Act mentioned, and thereupon the name so adopted shall be the name whereby the said trustees shall hold in perpetual succession, as aforesaid. R.S.M. c. 23, s. 9. 10. The trustees shall, within twelve months after the execution of the deed of conveyance or transfer, cause the trustees must deed or transfer to be registered in the registry office or land titles office in which the land is situate, otherwise the said deed or transfer shall be void. R.S.M. c. 23, s. 10. be registered. Trustees may mortgage land. Power of trustees to of redemp tion. MORTGAGES OF CHURCH PROPERTY. 11. When a debt has been or shall be hereafter contracted for the building, repairing, extending or improving of a church, meeting house or chapel, or a manse, parsonage or residence of the minister, on land held by the trustees for the benefit of any religious society, church or congregation in Manitoba, or for the purchase of the lands 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 all or any of the land, church, meeting house, chapel, manse, parsonage or minister's residence held for the benefit of such society, church or congregation, or may borrow money to pay the debt or part thereof, and may secure the repayment of the loan and interest by a like mortgage, upon such terms as may be agreed upon. R.S.M. c. 23, s. 11. 12. In all cases where trustees have executed mortgage release equity or mortgages upon lands held by them for the benefit of any religious society, church or congregation in Manitoba, the trustees for the time being, or a majority of them, shall have, and are hereby declared to have always had, the power to release or convey to the mortgagee or his assigns, without any previous formality, the equity of redemption in the lands so mortgaged or in any part thereof in satisfaction of the whole or part of the mortgage debt as may have been or may be agreed upon between the trustees and the mortgagee or his assigns; provided the mortgage was or shall be in arrear as to either principal or interest at the time of executing such release or conveyance, and provided further the trustees were or are authorized so to release or convey at a meeting of the society, church or congregation regularly called in pursuance of section. 7 of this Act or of any similar provision for which said section has been substituted. R.S.M. c. 23, s. 12. LEASES OF CHURCH LANDS. land for term 21 years. 13. The grantees in trust, named in any letters patent May lease from the Crown, or the survivor or survivors of them, or the not exceeding trustees for the time being appointed in manner prescribed in the letters patent, whereby lands are granted for the use of a congregation or a religious body, and any other trustees for the time being entitled by law to hold lands in trust for of a congregation or a religious body, and any other trustees 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 may deem reasonable. R.S.M. c. 23, s. 13. lease. 14. In such lease, they may covenant or agree for the Renewal of 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 on 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 on 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 or any subsequent lease. R.S.M. c. 23, s. 14. to lease with 15. The trustees shall not so lease without the consent Trustees not of the congregation or religious body for whose use they hold out leave of the land in trust, and such consent shall be signified by the congregation, votes of a majority of the members present at a meeting of Consent to be the congregation or body duly called for the purpose, nor shall signified by the trustees lease any land which, at the time of the making of the lease, is necessary for the purpose of erecting a church, or place of worship, or other building thereon, or for a burial ground for the congregation for whose use the land is held. R.S.M. c. 23, s. 15. vote. |