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Preamble.

Power to make provisions concerning

CAP. LX X V.

An act to facilitate the management of the Knowlton Academy, to provide for its incorporation and for other purposes.

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[Assented to 31st October, 1879.]

HEREAS it has been represented by the petition of the Rector and Church Wardens of St. Paul's Church, Knowlton, in the county of Brome, that it is desirable, in the interest of education, to facilitate the management of" The Knowlton Academy," by granting them the powers to that end hereinafter set forth; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. The said Rector and Church Wardens, at any time. after there shall have been contributed, and placed at the disposal of the board hereinafter mentioned, a fund suffithe manage- cient in their opinion, for the successful carrying on of ment of the the said Academy, and within one year from the passing academy, &c. of this act, may, by a notarial agreement between themselves and the contributors to such fund, make provisions for the conduct and management of such Academy, and for the administration of its affairs and of its property of every kind, by a board of trustees to be thereby constituted and named (themselves and their successors for ever,) under and subject to all such conditions and restrictions as therein shall be set forth; and from time to time thereafter, they may, by like notarial agreement with such board, modify the terms of such original agreement, subject always, however, to any restrictions on that head, which may have been thereby laid down.

the office of

the clerk c. c. of Brome.

Copy thereof, 2. Upon presentment and deposit of an authentic copy deposited at of such agreement, whether original or supplementary, as the case may be, at the office of the clerk of the circuit court in and for the county of Brome, the same shall be, by such clerk, recorded and kept with the files of the Their coming said court, for free public reference thereto; and all provisions thereof, shall thereupon, immediately come into force, and shall have effect to all intents as though by this act expressly enacted.

into force.

Board of trustees.

3. The board of trustees so to be constituted, shall be a corporation, by the name of: "The Trustees of the Knowlton Academy," and as such, shall have perpetual succession, and may have a common seal, with power to

change, alter, break and renew the same at their will and Name pleasure, and the said corporation may, under the same General name, contract and treat, sue and be sued, implead and power. be impleaded, summon and be summoned in all courts of law in this Province, and shall have power, without any other authority, to acquire by purchase, donation or otherwise, to receive by will, hold, possess, take and accept for the purposes of the said corporation, all lands, tenements or hereditaments, moveable or immoveable property, as also to sell, lease, change, alienate and dispose of the same, and to acquire others in their place for the above mentioned purposes, provided always that Amount of the annual net revenue, fruits and profits from all im- the revenues. moveable property of the said corporation, other than the lands on which are erected the buildings and dependencies of the said academy, shall not, at any time, exceed the annual sum of five thousand dollars, current money of the province.

acquired.

In the event of the said corporation receiving by Surplus of the donation or otherwise, any immoveable property over properties and above that which it is allowed to possess, such donation or legacy, shall not be null on that account, but the said corporation shall, within the seven years next after taking possession thereof, be obliged to sell or alienate the said immoveable property, or its other immoveable property, so as not to exceed the amount herein before specified.

tion of the revenues.

4. And all property which shall, at any time, be pos- Appropriasessed by the said corporation, as well as the revenues arising therefrom, shall be always appropriated and applied solely to the advancement of education in the said academy, and for no other purpose, institution or esestablishment whatever not attached thereto or dependent thereon.

of the

5. The said rector and churchwardens are hereby em- Confirmation powered to confirm, with or without modification as may alienation be, all or any alienations heretofore made or purporting made of to have been made by the then incumbent and church- certain wardens of said St. Paul's Church, of any portion or porproperties. tions of the immoveable property given by the late Honorable Paul H. Knowlton, by deed bearing date the ninth day of November, eighteen hundred and fifty-four, for the purposes of a High School to wit: of the High School since known as and herein styled: "The Knowlton Academy," and every such alienation as so confirmed, shall hereafter be held good and valid; but no alienation Proviso: of any further portion of such property shall be made.

6. The present act shall come into force on the day of Act in force. its sanction.

Preamble.

CAP. LXXVI.

An act to provide for the transfer of the ownership of the Roman Catholic cemetery of the parish of St. Hyacinthe le Confesseur, from the hands of the Trustees of the said parish into those of the Roman Catholic Episcopal Corporation of St. Hyacinthe, and for the management, administration and maintenance of the said cemetery.

[Assented to 31st October, 1879.]

WHEREAS by the act 35 Vict., chap. 34 of the

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province of Quebec, assented to on the twentythird day of December, eighteen hundred and seventyone, an exceptional and particular case was established in favor of the parish of St. Hyacinthe le Confesseur, including the city of St. Hyacinthe, as to the ownership, and administration of the temporalities of the church thereof, and whereas the same state of things has since existed, under the authority of the said statute, to the satisfaction of all parties interested; and whereas, by the said statute, it was enacted that there should not exist thereafter any Fabrique or churchwardens in and for the said parish; and whereas no provision was therein made for the administration, management and maintenance of a cemetery for the said parish; and whereas moreover, towards the end of the year eighteen hdred and seventy-seven, at the request of the roman catholic. freeholders of the said parish, the mode of proceedings prescribed by the law of the country, for the establishment of a cemetery, were taken, and trustees regularly appointed for that purpose, accepted the said office; and whereas the said cemetery is now fully opened; and available in every respect; and whereas the authority of the said trustees cannot extend to the said cemetery, and consequently and by reason of the absence of a board of directors or Fabrique, the said cemetery does not and cannot possess any managing body invested with the necessary powers, on account of which the freeholders and inhabitants of the said parish suffer considerable damage; and whereas, by the said statute, the ownership of the said church, appertains to the said corporation, and the administration of the temporalities thereof appertains to the council therein mentioned, to wit: "The council of administration of the cathedral of St Hyacinthe; and whereas it is but right and expedient to place the said cemetery under the same control, in the same hands and under the same management as the said

1879. Cemetery of St. Hyacinthe le Confesseur.

Cap. 76.

cathedral, and seeing the petition of the great majority of the roman catholic freehold inhabitants of the said parish, dated the 6th December, 1878, addressed to His Lordship the Bishop of St. Hyacinthe, praying for and setting forth what is above shewn, and whereas it is right and expedient to grant the prayer of the said petition; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

219

1. Immediately after the passing of the present act, Property of the Roman Catholic Episcopal Corporation of St. Hya- of St. Hyathe cemetery cinthe, shall be and become possessed of the said ceme- cinthe. tery, and the churchwardens of the parish of St. Hyacinthe le Confesseur, shall immediately hand over the ownership thereof to the said corporation, as if the latter were the Fabrique of the said parish.

thereof

2. The said corporation shall have the exclusive pos- Management session and administration of the said cemetery, in all concerning its ordering, management and maintenance, as the burying ground of the said parish.

perty of the

3. So soon as the council of administration of the It forms part cathedral of St. Hyacinthe shall be created and have of the prolegal existence under the said statute, the said cemetery cathedral. shall, mutatis mutandis, form part of the property and effects under its control, in the manner set forth in the said statute.

4. Until the taking possession of the said cemetery by Provisional the said council, the said corporation shall take its place, management. replace it for all purposes whatsoever, with the same

rights and duties.

to be to the

5. Each year, after public notice to that effect, pub- Sale of lots, lished both in the local newspapers, and from the pulpit last highest of the said church, the public sale to the last highest bidder. bidder of lots in the said cemetery shall take place, for the sole use and benefit of the roman catholic freeholders and inhabitants of the said parish and of the roman catholic proprietors of lands which have been taxed for the purchase and laying out of the said cemetery, even though they no longer reside within the limits of the said parish, and on such conditions as the said corporation and council may establish, respecting the payment of the purchase, price, the maintenance and the enjoyment of the said lots by the purchasers thereof.

Private sales.

Revenues derived there. from.

Surplus receipts.

Cost for interment.

Act in force.

6. It shall nevertheless be lawful, in the interval, between the dates so to be fixed for the sale by public auction of the said lots, for the said council to sell, by private sale, in cases of obvious necessity, any lots in the said cemetery to any of the roman catholic freehold inhabitants of the said parish, and proprietors of lands, provided that the price agreed upon, be not less than the highest price reached at auction for any lot disposed of by public sale, up to that date.

7. The revenue derived either from the sale of the said lots or from any other source, connected with the said cemetery, shall be held by the said corporation and the said council, and shall be by them applied solely to the maintenance, ordering and embellishment of the said cemetery.

8. After the rendering and settlement of the yearly accounts, which the said corporation and the said council are obliged to prepare, respecting the said cemetery, in the last fortnight of the month of December in each year, from and after the passing of the present act, any excess or surplus receipts arising from the said cemetery, over and above the expenses legally incurred for the ordering, maintenance and embellishment thereof, shall constitute a special fund applicable solely, both capital and interest, to that purpose and to no other.

9. The said corporation, or the said council shall never, have the right to charge for interments, in the said cemetery, a higher price than that charged by the adjoining Fabriques, except however in cases of interment of persons who are strangers to the said parish.

10. The present act shall come into force on the day of its sanction,

Preamble.

CAP. LXXVII.

An act to incorporate the "Société de secours mutuel des français, à Montréal."

[Assented to 31st October, 1879.]

HEREAS an association known under the name of

tréal," has been organized and actually exists in the city of Montreal, for the purpose of assisting the sick or infirm members thereof, and of giving certain allowances

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