An Act to afford relief to a certain Religious Congregation at Montreal, denominated Christian Unitarians. [17th March, 1845.] HEREAS certain inhabitants of Montreal, in the District of Montreal, Preamble. denominating themselves Christian Unitarians, have, by their Petition Petition re to the Legislature prayed, that the Reverend John Cordner, their present Minister, or the person who may hereafter have the pastoral charge of the Congregation cited. to which they belong, should be duly authorized to solemnize marriages, record births, administer baptism and inter the dead, and to keep Registers authenticated in due form of law for that purpose, and also that they may be enabled to take and hold the land required for the site of a Church or Meeting-house, Schoolhouse, Burial-ground and Dwelling-house for the use of a religious Teacher or Minister: And whereas it is equitable that those privileges should be extended to the said Reverend John Cordner or the Minister for the time being of such Congregation of Christian Unitarians, and that the said Congregation should be enabled to take and hold the land required for the site of a Church or Meetinghouse, School-house, Burial-ground and Dwelling-house for the use of a religious Teacher or Minister: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and be it enacted by the authority of the same, That it shall be lawful for the said Minister of John Cordner, or any Minister for the time being of the said Congregation, to ob- the said Contain, have and keep, subject always to the penalties by law in this behalf provided, keep Registers Registers gregation may &c. Legal validity of such Registers. of Marriages, Registers duly authenticated according to law of all such marriages, births, baptisms and burials as may be performed or take place under the ministry of such Minister or Clergyman; and which Registers, the necessary legal formalities as by law already provided in relation to Registers of the like nature being observed, shall to all intents and purposes have the same effect at law, as if the same had been kept by any Minister in this Province heretofore legally authorized; and an entry or record of the birth of any person regularly made and recorded in the Register to be so kept by such Minister or Clergymen, shall to all intents and purposes have the same effect in law as if the rite of baptism had been administered to such person, and an entry or record thereof regularly made in the Register to be so kept as aforesaid by such Minister or Clergyman, any law to the contrary notwithstanding: Provided that the age of the person to be so registered shall be specified in the Register to be kept as aforesaid. Entry of birth, in the place of entry of bap tism permitted. Proviso: Age to be stated. Land for the use of the said Congregation may be held by Trustees for them. Such Trustees may take a conveyance of of their Church in Montreal. II. And be it enacted, That whenever the said Congregation shall have occasion to take a conveyance of land for any of the uses herein before set forth, it shall be lawful for them to appoint Trustees, to whom and to whose successors, to be appointed in such manner as shall be specified in the Deed of Conveyance, the land required for all or any of the purposes aforesaid may be conveyed; and it shall be competent to such Trustees and their successors in perpetual succession, to take, hold and possess such land, and to commence, maintain or defend any action or actions at law, for the protection of or in any way concerning their rights and property therein. III. And be it enacted, That it shall be lawful for any Trustees to be appointed by the said Congregation under the provisions of this Act, to take a conveyance the present site of the lot of land situated at the place called Beaver Hall, in the said City of Montreal, upon which the said Congregation have recently erected a place of worship, from the persons now holding or who may hereafter hold the same in trust for the said Congregation, and upon such conveyance being made to the said Trustees to be appointed under this Act, the said Trustees to whom such conveyance shall be made, and their successors to be appointed in the manner specified in the Deed of Conveyance to them, shall be competent to take, hold and possess the said lot of land or emplacement in perpetual succession, and to commence, maintain and defend any action or actions of law for the protection of or in any way concerning their rights of property therein, in the same manner as they might or could do with respect to any other real estate held by such Trustees under the provisions of this Act. Limitation of IV. And be it enacted, That no more than two arpents of land in superficies the quantity of shall be held in trust in the manner and for the purposes aforesaid for the use of Land to be held. the said Congregation. Trustees to cause all deeds registered in V. And be it enacted, That such Trustees shall, within twelve months after the execution of any such Deed of Conveyance, cause the same to be enregistered to them to be in the office of the Prothonotary of the Court of Queen's Bench, for the District in which the land so conveyed shall lie, for which enregistration the said Prothonotary shall be entitled to a fee of one shilling currency for every hundred words, and no more. VI. Provided always, and be it enacted, That the Minister or Trustees of the said Congregation shall not be entitled in any respect to the benefit of this Act, unless they shall respectively have taken the Oath of Allegiance before a Judge of the Court of Queen's Bench for the said District of Montreal, (which oath such Judge is hereby authorized to administer) and a certificate of the taking of such oath shall be made by the Prothonotary of the said Court in duplicate and signed by the said Judge, whereof one copy shall be fyled of record in the office of the said Prothonotary, and the other shall be delivered to the person taking such oath, and the said Prothonotary shall be entitled to receive for such certificate and the duplicate thereof, and for fyling the same, two shillings and six pence, currency, in the whole, and no more. VII. And be it enacted, That nothing herein contained shall affect or be construed to affect, in any way whatsoever, the rights of Her Majesty, Her Heirs and Successors, or of any body politic or corporate, or of any person or persons, such only excepted as are herein mentioned. the Prothonotary's office. Ministers and Trustees not to have the benefit of this take the oath of Allegiance. Certificate of their taking such oath to be fyled of record. Saving of rights not exed. pressly affect Public Act. VIII. And be it enacted, That this Act shall be taken and deemed to be a Act to be a Public Act, and as such shall be judicially taken notice of by all Judges, Justices of the Peace, and all others whom it shall concern. without being specially pleaded. MONTREAL:-Printed by STEWART DERBISHIRE and GEORGE Desbarats, An Act to allow the issuing of Testatum Writs of Capias ad Respon. dendum in the several Districts in Upper Canada, and for other purposes therein mentioned, W [29th March, 1845.] HEREAS it is expedient to make certain amendments in the practice of the Court of Queen's Bench, in that part of the Province of Canada which formerly constituted the Province of Upper Canada: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the Clerk of the Crown, from time to time, and he is hereby required to supply his Deputies in each and every District of Upper Canada, with the original and Testatum Writs of Mesne and final Process, excepting Writs against Lands and Tenements, and that the same shall and may be issued by such Deputies in any District, in the same manner as may be done in the principal office at Toronto. Preamble. Clerk of the C. to supply his Deputies Crown in U. with Writs of Mesne and final Process. Form of no tice on Mesne Suit to be conjudgment in the District. tinued to final II. And be it enacted, That the notice on the copy of Mesne Process to be served on a Defendant or Defendants, shall be in the form already by law provided; Process. and that all proceedings upon any suit so instituted in any District shall be continued and carried on in such District to final judgment: Provided always, that the service of papers shall be made upon the Defendant or Defendants, or if he or they appear by Attorney, then upon such Attorney at his office in the usual mode, or upon his Agent at Toronto, according to the existing practice of the Court of Queen's |