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of any Religious Society in Upper Canada, or for the pur-
chase of the land 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 mort-
gage upon the land, church, meeting-house or chapel; or
may borrow money to pay the debt or part thereof, and may
secure the re-payment of the loan and interest by a like mort-
gage upon such terms as may be agreed upon. 13, 14 V.
c. 78, s. 1.

4. The Grantees in Trust named in any Letters Patent from Trustees may the Crown, or the Survivors or Survivor of them, or the Trustees lease lands for 21 years. for the time being appointed in manner prescribed in the Letters Patent, whereby lands are granted for the use of a Congregation or Religious Body, and any other Trustees for the time being entitled by law to hold lands in trust for the use of a Congregation or Religious Body, may lease, for any 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 deem reasonable.

5. In such lease they may covenant or agree for the renewal And renew thereof at the expiration of any or every term of twenty-one such leases, years, for a further term of twenty-one years or a less period, at bind their sucsuch rent and on such terms as may then by the trustees for the cessors to pay for improvetime being be agreed upon with the lessee, his heirs, executors, ments. 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 lease. 18 V. c. 119, s. 1.

consent of con

6. But the Trustees shall not so lease without the consent of the Land not to be Congregation or Religious Body for whose use they hold the land leased without in trust, and such consent shall be signified by the votes of a gregation. majority of the Members present at a meeting of the Congregation or Body duly called for the purpose, nor shall the Trustees lease any land which at the time of making 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. 18 V. c. 119,

8. 4.

sue or distrain

7. The Trustees for the time being entitled by law to hold Trustees may land in trust for a Congregation or Religious Body, may, for rent in arin their own names or by any name by which they hold the rear-and in Tand, sue or distrain for rent in arrear, and may take all such what name. means for the recovery thereof as landlords in other cases are entitled to take. 18 V. c. 119, s. 3.

How land in trust may be sold when no

gation.

S. When land held by Trustees for the use of a Congregation or Religious Body, becomes unnecessary to be retained for such longer required use, and it is deemed advantageous to sell the land, the Trusby the congre- tees for the time being may give public notice of an intended sale, specifying the premises to be sold and the time and terms of sale; and after publication of the notice for four successive weeks, in a weekly paper published in or near the place where the lands are situated, they may sell the land at public auction according to the notice, but the Trustees shall not be obliged to complete or carry a sale into effect if in their judgment an adequate price is not offered for the land.

May be by

9. The Trustees may thereafter sell the land either by public or pri- public or private sale; but a less sum shall not be accepted at private sale than was offered at public sale.

vate sale.

Private sales to

be approved of

10. Before a deed is executed in pursuance of a public by the Court of or private sale, the Congregation or Religious Body for whose use the lands are held, shall be duly notified thereof, and the sanction of the Court of Chancery obtained for the execution of the deed. 18 V. c. 119, s. 5,--12 V. c. 91, s. 2.

Chancery.

"Trustees to prepare and shew state

11. Trustees selling or leasing land under the authority of this Act shall, on the first Monday in July in every year, have ments annually. ready and open for the inspection of the Congregation or Religious Body which they represent, or, of any Member thereof, a detailed statement shewing all Rents which accrued during the preceding year, and all sums of money whatever in their hands for the use and benefit of the Congregation or Religious Body, which were in any manner derived from the lands under their control or subject to their management, and also shewing the application of any portion of the money, which has been expended on behalf of the Congregation or Body. 18 V. c. 119, s. 6.

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12. The Court of Chancery may in a summary manner, on complaint upon oath by three Members of a Congregation or Religious Body, of any misfeasance or misconduct on the part of Trustees in the performance of duties authorized by this Act, call upon the Trustees to give in an account; and may enforce the rendering of such account, the discharge of any duties, and the payment of any money, so that the Congregation or Religious Body may have the benefit thereof; and the Court may compel the Trustees, in case of any misconduct, to pay the expense of the application, or may award costs to the Trus tees in case the application be made on grounds which the Court considers insufficient or frivolous or vexatious. 18 V. c. 119, s. 7.

13. All the rights and privileges conferred up on any religious society or congregation of Christians in the first section of this Act mentioned, shall extend in every respect to the Roman Catholic Church to be exercised according to the government of the said Church. 3 V. c. 73, s. 3.

CAP.

CAP. LXX.

An Act respecting the Building Fund, the Lunatic
Asylum and other Public Buildings.

ER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

1. All moneys which by any Act or Law are directed to be Certain moneys applied or reserved for Upper Canada purposes not otherwise applied to the U.C. Building specially appropriated by law, shall be paid into and form part Fund. of "the Upper Canada Building Fund" under the authority of this Act. 13, 14 V. c. 68, s. 3,--20 V. c. 8, s. 1.

2. The moneys aforesaid shall be paid over to the Receiver How such fund General and shall be applied by him: 13, 14 V. c. 68, s. 3. to be applied.

tures issued to

Firstly-To the payment of the interest on Debentures In payment of issued on account of the Lunatic Asylum and outstanding, the interest and also of the interest on any Debentures issued upon debenunder any Act of Parliament for the purpose of raising money raise moneys to complete the said Asylum, or to defray the expense of pro- for the Lunatic curing a site for or of erecting any other Public Building in Upper Canada, for any Institution of general importance to the inhabitants of that portion of the Province; 13, 14 V. c. 68,

s. 3.

Asylum.

Secondly-To the formation of a Sinking Fund of not less In forming a than six thousand dollars per annum, towards paying off the fund for payprincipal of such Debentures as aforesaid; 13, 14 V. c. 68, s. principal.

3.

ment of the

Thirdly-Towards the support of the Lunatic Asylum and of In supporting any other such Institution as aforesaid, in the manner directed the Asylum. by Parliament. 13, 14 V. c. 68, s. 3.

required to be

3. All moneys forming part of the said Upper Canada Build- How sums not ing Fund, and not required for the Public Service, shall, until immediately so required, be invested by the Receiver General, under instruc- invested. tions from the Governor in Council, in Public Provincial Securities, and the interest on such securities shall form part of the said Fund. 20 V. c. 8, s. 2.

4. Such securities, or as many of them as necessary, may When and how be disposed of by the Receiver General, from time to time, securities under instructions from the Governor in Council, and the pro- be reconverted therefor may ceeds thereof shall be applied to meet any lawful payments into money. out of the said Fund. 20 V. c. 8, s. 2.

CAP.

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All Mus & is cap. 71. repeated by Cap 18sec 25 9340ie 1810-71 page 65

Asylum and

CAP. LXXI.

22 VICT.

An Act respecting the Provincial Lunatic Asylum at
Toronto.

ER Majesty, by and with the advice and consent of the follows:

Assembly of Canada, enacts as

1. The Provincial Lunatic Asylum in Toronto, and all the property vested property real and personal, and all effects belonging to it, shall be vested in the Crown. 16 V. c. 188, s. 2.

in the Crown.

Financial bu

siness and af

fairs to be

managed by a Bursar who shall give security.

And report
periodically.

Medical Super

2. The financial business and affairs of the said Institution shall be managed by an officer to be appointed by the Governor during pleasure, and to be called "The Bursar of the Provincial Lunatic Asylum," who shall give Bonds in such sum as the Governor directs for the due performance of the duties of his office. 16 V. c. 188, s. 3.

3. The Bursar shall report the state of the income and expenditure in the following manner :

1. To the Inspectors of Lunatic Asylums at each visit;

2. Monthly, to the Medical Superintendent ;

3 Quarterly, to the Governor; and

4. Annually to each House of the Provincial Parliament, within ten days after the opening of each Session thereof. 16 V c. 188, s. 3,-20 V. c. 28, s. 16.

4. The Governor may appoint during pleasure a Medical intendent to be Superintendent who shall reside in the Asylum, and who shall--

appointed: his
special duties.

1. Direct and control the medical and moral treatment of the patients;

2. Hire and discharge from time to time the Keepers and Servants;

3. Watch over the internal management, and maintain the discipline and due observance of the By-Laws of the Institution;

4. Report the condition thereof to the Visiting Inspectors at each visit, and annually to the Governor, and to each House of the Provincial Parliament within ten days after the opening of each Session thereof. 16 V. c. 188, s. 4.

1859.

Cap. 71. 705 hage 6

Provincial Lunatic Asylum, Toronto.

be received

centiates, ve

5. No person shall be received into the Institution as a Lu- No lunatic to natic without a Certificate from three Medical Licentiates, without certisigned and verified by the Reeve of the Township or Incorpor- ficate of three ated Village, or the Mayor of the City or Incorporated Town Medical Lifrom which the Lunatic may be sent, and in the absence of rified by Reeve the Reeve or Mayor, by the Deputy or other person for the time or Mayor. being authorized to act in the place of the Reeve or Mayor. 16 V. c. 188, s. 7.

certificate.

6. Such Certificate shall state that the subscribing Medical Contents of the Licentiates at the same time and in the presence of each other, examined the patient, and after due inquiry into all necessary facts relating to his case, found him to be a Lunatic. 16 V. c. 188, s. 7.

7. Such Certificate shall be sufficient authority to any per- Effect of cerson to convey the Lunatic to the said Asylum, and to the tificate. authorities of the Asylum to detain him therein so long as he continues to be insane. 16 V. c. 138, s. 7.

mother or guar

to pay for his

8. In case any Lunatic sent to the Asylum be under the When father, age of twenty-one years, and has a Father or Mother able to dian of Lunatic pay for his maintenance, or has a Guardian or Committee, the under 21 is able Bursar and Medical Superintendent shall send a copy of the maintenance, Certificate hereinbefore mentioned, attested under their hands, duty of Bursar to the Father or Mother, Guardian or Committee, as the case tendent to send may be, of such Lunatic, to which copy the Medical Super- certificate. intendent and Bursar, shall subscribe a certificate of the admission

of such Lunatic and of the amount per quarter which will become due for him to the Asylum by the By-laws thereof.

V. c. 188, s. 8.

16

may demand
for lunatic on
each quarter

9. The Bursar, conjointly with the Medical Superintendent. Bursar and shall, on the first day of each of the months of January, April, July superintendent and October, and during the time the Lunatic remains in the amount due Asylum, demand from the Father or Mother, Guardian or Committee, as the case may be, of such Lunatic, such sum as day. may be due for such Lunatic to the Asylum, which sum shall be forthwith paid on such demand. 16 V. c. 188, s. 9.

admission or

10. On the first of the said quarter days after the admission And for broken of the Lunatic, such demand shall be for a sum proportionate periods upon to the broken period elapsed since the admission of the Lunatic, discharge. and on the discharge of the Lunatic a like demand shall be made for the sum due for the broken period since the then last quarter day. 16 V. c. 188, s. 9.

claim it not

11. In case of refusal or neglect to pay the dues the Bursar Mode of enmay apply upon Affidavit, to the Judge of the County Court forcing the in which such Father or Mother, Guardian or Committee may paid forthwith. reside, and the Judge, on the return of a Rule to shew cause, which he shall make upon the proper party, being satisfied

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