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2. And be it enacted, that the corporation of the Church Society of the diocese of Quebec hereby constituted, shall be composed and consist of the Lord Bishop of the diocese of Quebec (as now constituted) for the time being, and of those members of the said late corporation who shall at the time of the passing of this Act be resident within the said diocese of Quebec, unless and until it shall be otherwise provided by the bye-laws of the corporation, and of such other persons as shall from time to time hereafter be elected members of the said corporation, in the manner provided by the Act aforesaid.

3. And be it enacted, that the corporation of the Church Society of the diocese of Montreal hereby constituted, shall be composed and consist of the Lord Bishop of the diocese of Montreal for the time being, and of those members of the said late corporation, who shall at the time of the passing of this Act be resident within the diocese of Montreal, unless and until it shall be otherwise provided by the bye-laws of the corporation, and of such other persons as shall from time to time hereafter be elected members of the said corporation, in the manner provided by the Act aforesaid.

4. Provided always, and be it enacted, that any life member of the said late corporation resident in either of the said dioceses, shall have power to make his election of the diocese with which to be connected, and that if no such preference be expressed by him, in writing under his hand, to the bishop of such diocese, within two months after the passing of this Act, such life member shall be considered to be and shall be a life member of the corporation of the diocese within which he resided at the time when the said letters patent took effect; and provided further, that any person not resident in the province of Canada, who became and was such life member at the time when said letters patent took effect, shall be considered to be and shall be an honorary member of both corporations.

5. And be it enacted, that the real property of the said late corporation and its rights to or in any real property, whether held to or for its own use generally or in trust for any special purpose or purposes, shall be and are hereby vested in that one of the two corporations hereby constituted, which is constituted in and for the diocese in which such real property shall respectively lie ; and that any real property of the said late corporation situate in Upper Canada shall be and is hereby vested in the said Church Society of the diocese of Montreal, and the personal property of the said late corporation (including all books, papers and documents thereunto relating, and its rights to or in any personal property), shall be and is hereby vested provisionally in the corporation of the Church Society of the diocese of Quebec hereby constituted : Provided always, that no trust

upon which any such property, real or personal, is held, shall be distributed or affected, but shall be strictly observed and performed by that corporation in which such property or the right thereto will be vested: and provided also, that the corporation last mentioned shall within one year from the passing of this Act assign and convey to the Church Society of the diocese of Montreal such proportion as shall be agreed upon by the two corporations of the personal property held by the said late corporation, otherwise than upon trust for any special purpose or purposes; and that it shall be lawful for either of the corporations hereby constituted to assign and convey to the other any property, real or personal

, of the said late corporation held upon any trust or trusts which it shall appear to the said corporation can be more conveniently performed by the corporation to which such assignment and conveyance shall be made, such assignment and conveyance being made upon the trusts to which the property is subject; and the liabilities of the said late corporation shall be discharged by that one of the corporations hereby constituted in whom the property shall be vested in respect of which such liability shall have been incurred, or if the same shall not have been incurred in respect of any property, then the same shall be discharged by the Church Society of the diocese of Quebec, unless it be otherwise agreed between the said two corporations.

6. And be it enacted, that the bye-laws of the said late corporation in force immediately before the passing of this Act, shall in so far as they may be capable of such application and consistent with the provisions of this Act, be the byelaws of each of the corporations hereby constituted, until they shall be repealed or altered in the manner provided by the Act first aforesaid : Provided always,

that

that the bishop of the diocese in and for which each of the said corporations is constituted shall be the president of such corporation, and shall have full power to sanction and confirm any constitution, bye-law, rule or regulation of such corporation, or any abrogation, repeal, change or alteration of the same, in the manner provided by the fifth section of the Act first aforesaid, anything in the said section to the contrary notwithstanding.

7. And be it enacted, that notwithstanding any omission in the letters patent erecting the present dioceses of Quebec and Montreal respectively, the district of Saint Francis shall be, and shall be held to have been, included within the present diocese of Quebec, to all intents and purposes, as if it had been made part of the said diocese by the said letters patent erecting the same.

8. And be it enacted, that any gift, legacy, devise or bequest of property, or any right, title, interest in or to any property, which before the time when the letters patent aforesaid took effect was made to or vested in the Bishop of Quebec, or in the Bishop of Montreal administering the diocese of Quebec, shall be, and shall be held to have been, from the time last aforesaid, made to or vested in the Bishop of Quebec as now constituted, who shall be held to be the successor of such first-mentioned bishop; and any Act, ordinance or law, deed, instrument or writing made before the said time, and any will, testament or codicil of any testator who died before the said time, in which the diocese of Quebec, or the Bishop of Montreal or bishop administering the diocese of Quebec, is mentioned or referred to, or intended, shall be construed and have effect from the said time as if the diocese or bishop therein intended, mentioned or referred to, were the diocese of Quebec as now constituted, or the bishop of Quebec as now constituted, except where such construction would be contrary to justice or to the provisions of this Act, or of any other Act passed or to be passed during the present Session of the provincial Parliament, or to the letters patent aforesaid : Provided that it shall always be lawful for the Bishop of the aforesaid diocese of Quebec to assign and convey to the Bishop of Montreal any property held by him in trust, if the said bishop shall be of opinion that such trust can be better or more conveniently performed by the Bishop of Montreal, anything in the will, testament, deed or instrument creating such trust to the contrary notwithstanding : Provided that all such deeds of real estate (except leases for a term not exceeding nine years) shall be duly registered according to law, within six calendar months after the making and execution thereof, otherwise the same shall be void and of none effect; and that such registration within the said term of six months, shall not give any greater effect in other respects to any such deed than is by law given to the registration of any other deed of real estate in Lower Canada.

9. And be it enacted, that the Bishop of Quebec and his successors, by the name of the Lord Bishop of Quebec, and the Bishop of Montreal and his successors, by the name of the Lord Bishop of Montreal, shall respectively be a corporation sole, and shall be deemed to have been so from the time when the letters patent aforesaid took effect, and shall respectively have and shall be held to have had from the said time, full power and authority to sue and be sued, and to take and hold (with or without licence or letters of mortmain) any real property within this province, and any personal property whatsoever, whether by devise, bequest, gift, grant, or other title or conveyance whatsoever, and the same or any part thereof to alienate, unless when held in trust for any special purpose, in the instrument creating which trust such alienation is forbidden, and other the powers vested by law in bodies corporate generally: And the Bishop of Quebec, or the Bishop of Montreal, or Bishop administering the diocese of Quebec before the time when the said letters patent took effect, shall be held to have had full power and authority to sue and be sued, and to take and hold (with or without licence or letters of mortmain) any real property within this province, and any personal property whatsoever, whether by devise, bequest, gift, grant, or other title or conveyance whatsoever, and the same or any part thereof to alienate, unless when held in trust for any special purpose, in the instrument creating which trust such alienation is forbidden, and other the powers vested by law in bodies corporate generally; and the Bishop of Quebec, or the Bishop of Montreal, or bishop administering the diocese of Quebec, before the time when the said letters patent took effect, shall be held to have had full

power

and authority to sue and be sued, and to take and hold, with or without licence or letters of mortmain, any real property within this province, and any personal

property whatsoever, whether by devise, bequest, gift, grant, or other title or conveyance whatsoever, and the same or any part thereof to alienate, unless when held in trust for any special purpose, in the instrument creating which trust such alienation is forbidden; provided that the said Bishop of Montreal shall not have, hold, possess, or enjoy lands and tenements or real estate in virtue of this Act, for the uses and purposes of his said See, exceeding five thousand pounds in annual value at any time, and shall at all times when called upon so to do by the Governor of this province, render an account in writing of such property held by him under this Act, and of the income derived therefrom, and the means by which the same has been acquired.

10. And be it enacted, that nothing in this Act shall be construed to confer any spiritual or ecclesiastical rights or jurisdiction upon either of the said bishops, or upon their successors, or other ecclesiastical person of the said Church.

11. And be it enacted, that except in so far as it may be otherwise ordered by any Act passed in the present Session, the Act passed in the sixth year of Her Majesty's reign, and intituled, “ An Act to make Provision for the management of the Temporalities of the United Church of England and Ireland, in the Diocese of Quebec, in this province, and for other purposes therein mentioned,” and all the provisions and enactments thereof, shall apply and shall be held to have applied, from the time when the letters patent aforesaid took effect, to each of the dioceses of Quebec and Montreal, respectively, and to the bishop of each of the said dioceses, as fully and effectually as before the said time they applied to the diocese of Quebec, as then constituted, and to the bishop thereof, anything in the nineteenth section, or in any other part of the said Act, to the contrary notwithstanding; and the words “The Bishop,” or “ The Bishop of the Diocese,” in the said Act, shall be construed as meaning the Bishop of Quebec, or the Bishop of Montreal, as the case may

be. 12. And be it enacted, that whenever in this Act the bishop of any diocese is mentioned, the successors of such bishop and the bishop administering such diocese shall be held to be also intended and included.

13. And be it enacted, that nothing herein contained shall be construed to affect in any manner or way the rights of Her Majesty, Her heirs or successors, or of any person or persons, or of any body politic or corporate, such only excepted as are herein mentioned and provided for.

14. And be it enacted, that this Act shall be a Public Act.

I certify the above to be a true copy of a Bill passed by the Legislative Council and Legislative Assembly of the Province of Canada, in the fourth Session of the third Provincial Parliament, and reserved by his Excellency the Governorgeneral for the signification of Her Majesty's pleasure thereon, on the thirtieth day of August, one thousand eight hundred and fifty-one.

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Legislative Council, Friday, 15 August 1851. Ordered, That an humble address be presented to his Excellency the Governor-general, under the provisions of the forty-second section of the Imperial Act, to reunite the provinces of Upper and Lower Canada, specifying that a certain Bill has been passed by this House during the present Session, intituled, “ An Act to provide for the establishment of a Church Society of the United Church of England and Ireland in each Diocese of that Church in Lower Canada, and for other purposes connected with the recent division of the Diocese of Quebec,” containing provisions respecting some of the purposes in the said section spe

cially described, and praying his Excellency will cause the said Bill to be
transmitted to England without delay, for the purpose of being laid before Par.
liament previously to the signification of Her Majesty's assent thereto.

Ordered, That the said address be presented by such members of the Exe-
cutive Council as are members of this House.

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Legislative Assembly, Tuesday, 19 August 1851.
Resolved, That an humble address be presented to his Excellency the Gover.
nor-general, under the provisions of the forty-second section of the Imperial
Act, to reunite the provinces of Upper and Lower Canada, specifying that a
certain Bill has been passed by this House during the present Session, intituled,
“An Act to provide for the Establishment of a Church Society of the United
Church of England and Ireland in each Diocese of the Church in Lower
Canada, and for other purposes connected with the recent division of the
Diocese of Quebec," containing provisions respecting some of the purposes in the
said section specially described, and praying his Excellency will cause the said
Bill to be transmitted to England without delay, for the purpose of being laid
before Parliament previously to the signification of Her Majesty's assent thereto.

Ordered, That the said address be presented to his Excellency the Governor-
general, by such members of this House as are of the Honourable the Executive
Council of this province.

Attest,
(signed)

W. B. Lindsay,

Clk. Ass.

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