Act, and such other person and persons as may from time to time hereafter be appointed in their or either of their stead, to hold the same during the term of their respective tenure of the said office, and to receive and take the rents, issues, and profits thereof, in trust for the purchase, erection, and support of "some suitable place for public worship in connexion with the Established Church of Scotland," as provided in the said Act. 3. The said Commissioners for the time being are hereby empowered to grant leases of the said lands, or any parts thereof, not to exceed the term of twenty one years, with covenants for renewal, or payment for improvements, or such other covenants as are usual and customary; and upon the erection or purchase of some suitable place for public worship in connexion with the Established Church of Scotland, under and by virtue of the said recited Act, and the appointment and election of Trustees therefor, the said real and personal estate shall thereupon ipso facto be and become vested in such Trustees, their successors and assigns, for ever. 4. It shall and may be lawful for His Excellency the Lieutenant Governor or Administrator of the Government for the time being, by and with the advice of the Executive Council, from time to time, in case of death, refusal to act, or removal from the County of Saint John of any of the Commissioners so appointed, to appoint any other person or persons to be Commissioners in the place and stead of the parties so dying, removing, or refusing to act, and so from time to time as occasion shall require; and such Commissioners shall thereupon be vested with such estate, power, and authority as were vested in the Commissioners so dying, removing, or refusing to act; provided always, that such Commissioners so appointed shall be resident in the County of Saint John, and shall be members of the Presbyterian Church in connexion with the Established Church of Scotland. 5. The said Commissioners from time to time are hereby authorized and empowered to lend the moneys now in their hands, or hereafter coming into their hands, upon mortgage, or upon Government or other good securities, upon interest. 9th VICTORIA-CHAPTER 72. An Act to incorporate the Roman Catholic Bishop in New Brunswick. WHEREAS it is deemed just and expedient to incorporate the Right Reverend William Dollard, Roman Catholic Bishop in the Province of New Brunswick, for the purpose of enabling him and his successors to hold and acquire real estate in this Province for religious purposes; Be it therefore enacted, &c.—1. From and after the passing of this Act, the Right Reverend William Dollard, and his successor and successors, being the Roman Catholic Bishop in the Province of New Brunswick, in communion with the Church of Rome, and being British born subjects, or duly naturalized, shall be and he is hereby declared to be a body corporate in his Diocese aforesaid, in deed and in name; and the said William Dollard, and his successor and successors for the time being, by the name of "The Roman Catholic Episcopal Corporation for the Diocese of New Brunswick," shall by the same name have perpetual succession, and a common seal, and shall have power from time to time (by and with the advice of his coadjutor and senior Vicar General, or of two Clergymen for the time being, as hereinafter mentioned,) to alter and renew or change such common seal at pleasure; and shall by the name as aforesaid from time to time and at all times hereafter be able and capable in law to have, hold, purchase, acquire, possess, and enjoy for the general use and uses, eleemosynary, .ecclesiastical, or educational of the said Church of Rome in his Diocese, or of the religious community, or of any portion of the same community within his Diocese, any lands, tenements, or hereditaments within the Province of New Brunswick; and the same real estate, or any part thereof, for the purposes aforesaid from time to time, by and with the advice and consent hereinafter mentioned, to let or demise by indenture under the seal of the said Corporation, for any period not exceeding twenty one years from the day of the making thereof, provided that upon any such lease the rent shall be reserved and payable to the said Corporation yearly and every year during the continuance of the said lease; and no such lease shall be made without impeachment of waste; and no fine or sum in gross shall under any pretence whatsoever be taken for the same, beyond such yearly rent so reserved as aforesaid, otherwise the said lease shall be utterly null and void to all intents and purposes whatsoever; and by the same name respectively the said Roman Catholic Bishop and his successor and successors, shall and may be able and capable in law to sue and be sued, implead and be impleaded, answer and be answered in all Courts of law and equity and places whatsoever, in as large, ample, and beneficial a manner as any other body corporate, or as any other person may or can in law or equity sue or be sued, implead or be impleaded, answer or be answered unto, in any manner whatsoever; provided always, that the lands and premises so to be holden by the said Corporation shall not at any time exceed the annual value of five hundred pounds in any one Parish in this Province; and further provided, that the rents and profits arising from any such lands and premises shall be applied for the uses and purposes of the Church or Churches within the Parish where such lands are situate, and not elsewhere. 2. It shall be lawful for any person or persons within the said Diocese of the said Roman Catholic Bishop, in whom or in whose name or names any lands, tenements, and hereditaments situate, lying, and being within the Province of New Brunswick, are now or shall or may be hereafter vested in trust or otherwise, for the benefit of the said Roman Catholic Church in the said Diocese, from time to time to convey, assign, or transfer by deed under his hand and seal, or their hands and seals, in the usual legal way, all or any of the said lands, tenements, and hereditaments unto the Roman Catholic Bishop for the time being of the said Diocese, by his corporate name aforesaid, to be holden by the said Bishop and his successor and successors, in his said corporate name aforesaid, for the purposes aforesaid, as provided by this Act. 3. It shall not be lawful for the said Bishop, or for his successor or successors for the time being, to make or execute any indenture of lease as aforesaid, of the lands, tenements, and hereditaments acquired or held, or to be hereafter acquired by him under and by virtue of this Act, without the consent in writing of his coadjutor and senior Vicar General, or in case the said coadjutor or Vicar General, or either of them, shall be incapacitated by sickness, infirmity, or any other cause, or shall happen to be necessarily absent at the time, then of two Clergymen to be selected or named by the Roman Catholic Bishop of the Diocese, such selection or nomination, and such consent to appear upon the face of the indenture or lease intended to be executed by the parties, and to be testified by the said Bishop and coadjutor and senior Vicar General, or such two Clergymen as aforesaid, being made parties to and signing and sealing the said indenture of lease in the presence of two credible witnesses, as consenting parties thereto respectively. 4. Nothing in this Act contained shall extend or be construed to extend in any manner to confer any spiritual or ecclesiastical rights whatsoever upon the said Roman Catholic Bishop hereinbefore mentioned, or upon his successor or sucsessors, or other ecclesiastical person of the said Church, in communion with the Church of Rome aforesaid. 5. In case the said Roman Catholic Bishop or his successor or successors, shall from sickness, infirmity, or any other cause, become incapable of or be incapacitated from performing his or their duties in his Diocese, then his coadjutor or the person administering the Diocese, shall have the same powers as are by this Act conferred upon the Roman Catholic Bishop of the said Diocese. 6. Nothing herein contained shall affect or be construed to affect in any manner or way the rights of Her Majesty, Her Heirs or Successors, or of any person or persons whomsoever, or of any body politic or corporate, or of any Church Wardens, or auditors of accounts, in any Roman Catholic Church in this Province, or in any way to abridge, diminish, or take away any of the rights, privileges, and advantages now enjoyed and possessed by any pewholder, or any person having any right, title, or interest in any pew or sitting in any Roman Catholic Church or Chapel in this Province, such only excepted as are hereinbefore mentioned and provided for. 7. This Act shall not come in force or be in operation until Her Majesty's Royal approbation be thereunto had and declared. [This Act was specially confirmed, ratified, and finally enacted by an Order of Her Majesty in Council, dated the 6th day of July 1846, and published and declared in this Province the 12th day of August 1846.] 16th VICTORIA-CHAPTER 6. An Act to authorize the Roman Catholic Episcopal Corporation for the Diocese of New Brunswick to sell, dispose of, and mortgage Lands in the City and County of Saint John, and to reinvest the proceeds thereof. Section. 1. Corporation may sell, &c. lands. Section. 2. Authority to mortgage. Passed 14th April 1853. WHEREAS the Roman Catholic Episcopal Corporation for the Province of New Brunswick is seized and possessed of a certain lot and parcel of land and premises situate, lying, and being in King's Ward, in the City of Saint John, described as follows in the conveyance to the said Corporation, that is to say,-All that lot, piece, or parcel of land situate, lying, and being in King's Ward, in said City, on the eastern line of a road or street sixty feet in width, laid out by the Honorable Ward Chipman for a public road or street in continuance of Coburg Street at the northern end thereof, and passing along the western line of lands there belonging to Charles Jeffery Peters, Esquire, and to the heirs of the late Doctor Adino Paddock; the said lot hereby conveyed beginning at a stake set up on the eastern line of the said road or street, distant one hundred and sixty feet from the northwestern corner of the lot owned by the heirs of the said Adino Paddock; thence running northerly on the line of the said road or street, one hundred and fifty feet to a stake; thence easterly on a line parallel with the said side line of the said lot belonging to the heirs of Adino Paddock, two hundred and eighty feet to a stake; thence southerly on a line parallel with the line of the said road or street, one hundred and fifty feet to a stake; thence westerly on a line again parallel with the side line of the said lot of the heirs of the said Adino Paddock, two hundred and eighty five feet, to the place of beginning: And whereas it is deemed |