the curé and church-wardens of the fabrique of the parish, or to the ministering curé or missionary and church-wardens or trustees managing the temporal affairs of the church or the mission, as the case may be, everything remaining in their possession of the moneys, materials and effects, with the acts of assessment, judgments, decrees, account books, deeds, documents and papers touching the constructions and repairs conducted and the affairs managed by them. C. S. L. C., c. 18, s. 39 § 1.

3428. The said curé and church-wardens, or the ministering Trustees may curéor missionary and the church-wardens or trustees conducting be sued to compel the the temporal affairs of the church or the mission, as the case may rendering of be, may sue the trustees elected for the construction or repairs an account. of the church, sacristy, parsonage house or cemetery, for the rendering of the said account if the same have not been voluntarily rendered, or may contest any account rendered and compel the payment of the balance in either case; and they may, at the same time, receive what is remaining due of the assessment and sue for the recovery of that which has not yet been paid; and whatever moneys they thus receive either from the said trustees, or from persons indebted on account of their assessment, shall be deposited with the funds of the fabrique or mission and applied in the same manner as the other moneys of the said fubrique or mission. C. S. L. C., c. 18, s. 39 § 2.

3429. From and after such rendering of account by the trus- Recourse of tees, the curé and church-wardens of the fabrique of the parish after the renthe fabrique or the ministering curé or missionary and church-wardens or dering of the trustees managing the temporal affairs of the church or the account by mission, as the case may be, shall have and exercise the same powers and have the same recourse against the builders or contractors, and against their sureties, as the said trustees themselves had while in office. 38 V., c. 28, s. 3.

the trustees.

3430. Whenever the construction of any church in any Works begun parish or mission has been begun by voluntary subscription, or, by voluntary having been constructed by voluntary subscription, any work may be comsubscription, remains to be done to such church, the completion thereof or pleted as of the works necessary to such completion may be proceeded though begun with and performed in the same manner as provided for the chapter. building of churches under and in virtue of this chapter, as if the construction of the said church had been originally commenced under the provisions of this chapter. C. S. L. C., c. 18,

s. 40.

under this

against

3431. The builder or contractor, who has been employed Recourse of for the erection or repair of any church, parsonage house, builder sacristy or other building or works belonging to any fabrique fabrique. erected without the observance of the formalities required by law, shall have his recourse against the said fabrique, as soon as it has taken possession of the said building or works, for

Powers of fabrique to

recover subscriptions.

Failure to perform

duties under

any amount that may be due to him on account of labor performed by him. C. S. L. C., c. 18, s. 41.

3432. In such case, the fabrique shall be empowered to sue for and recover the amount of subscriptions remaining due by the parishioners, and to compel any trustee or agent, if appointed to superintend the said works, to render an account of the moneys by him collected for the said works, and of his expenditure thereof. C. S. L. C., c. 18, s. 41.

3433. Any person failing or neglecting to perform any of the duties required of him by this chapter, or directly or indithis chapter. rectly obstructing the performance of the said duties, shall be liable to a penalty not exceeding twenty dollars, recoverable before any justice of the peace of the district. C. S. L. C., c. 18, s. 42.

Provisions of chapter to apply to missions and

parishes.

Proviso as to

the whole or

3434. The provisions of this chapter apply to missions and parishes canonically erected, and administered to by a priest, and having boundaries fixed and determined by the religious authorities, absolutely in the same manner as they apply to parishes canonically and civilly erected, especially for that which relates to the construction and repair of churches, presbyteries, cemeteries and other dependencies of churches, notwithstanding any provisions subject to a contary or equivocal interpretation.

Nevertheless, whenever any lot of land or immoveable proremission of perty has already been taxed in the hands of the same propripart of taxes etor for an edifice for religious purposes in another parish or upon property mission of which such lot of land or immoveable then formed already part, the commissioners, upon petition of the proprietor, and having regard to all the circumstances, shall exempt such lot of land or immoveable property from the whole or part of the taxes in the new mission and order, if necessary, that the sum so deducted be apportioned upon the other immoveable property comprised in the act of assessment. 51-52 V., c. 44, s. 1.

taxed in another parish in

same hands.

SECTION IV.

Fabriques may borrow money on mortgage. Proviso.

Proviso.

FABRIQUES.

$1.-Loans by Fabriques.

3435. It is lawful for any fabrique to 'borrow money and grant mortgages or hypothecs on the real estate of the said fabrique for the sums loaned; but no loan shall be made. or mortgage granted, unless the canonical regulations with respect to the same have been complied with, or unless the authorization of the parishioners has been first obtained at a meeting called and held in the manner required for all extraordinary expenditure of the said fabrique, except in the parishes where such meetings are not required by law or usage.

This article shall have no effect, import or meaning retroactive to the 18th September, 1865, date of the passing of the

act 29 Victoria, chapter 52; but the rights of all parties shall be determined by the courts of justice according to law, so that this article shall not, in any way, affect or influence such determination. 29 V., c. 52, s. 6.

sales by

3436. Whenever any land which has been sold, conveyed As to effect of or devised by any person or corporation, not liable to assess- Protestants ment under article 3410, to any person, party or corporation to Roman professing the Roman Catholic religion, and such land has Catholics. become liable to assessment under this section, the hypothec or charge for such assessment shall rank after any privilege of bailleur de fonds in favor of such vendor, and after any hypothee or privilege anterior to such sale, conveyance or devise. 29 V., c. 52, s. 7.

3437. When a fabrique has taken possession of a church, Assessment to sacristy, parsonage house or public hall, and any one of such pay the debt on property of buildings has been erected or repaired before or after the civil fabrique. erection of the parish, either by such fabrique or by voluntary subscriptions, or by legal assessment, and moneys remain due to the builder or contractor of such building, or to the party who lent or advanced moneys to defray the expenses of erection or repairs, in whole or in part, or to both of them, and the said fabrique, having applied such building to the purpose for which it was erected or repaired, has ascertained the impossibility of paying such debt upon its falling due, by means of the revenues at its disposal, such fabrique may, after an authorization to that effect given by a meeting of the parish regularly called, apply to the commissioners in order that the church-wardens in office may be authorized to levy, upon the Roman Catholic freeholders of the parish, the sums necessary for the payment of the said debts, and the said church-wardens shall, in relation thereto, observe all that is prescribed by article 3408; Proviso: provided always, that the church-wardens, with the con- Exemption of sent of the commissioners, may exempt those of the free-persons who have paid holders who have contributed towards the said erection or voluntarily. repairs, by voluntary subscriptions, from a portion or from the whole of the said assessment, according to the amount so paid by the said freeholders, deducting therefrom any amount which may have been repaid to them, unless the repayment of such voluntary subscriptions has been otherwise provided for. 29 V., c. 52, s. 4.

$2.-Fabrique Meetings in General.

3438. For avoiding doubts as to the person who ought by Preamble. law to preside at general parish or fabrique meetings for the election of church-wardens and other purposes for which parish and fabrique meetings are by law required in the Roman Catholic parishes of the Province:

1. Every general fabrique and parish meeting for the election Who shall of church-wardens and other purposes for which the law re- preside at quires general meetings of the parishioners and members of ings.

such meet

Proceedings

fabriques in the Roman Catholic parishes of the Province, shall be presided over by the curé of the parish, or the priest administering the same.

The proceedings at such meeting shall be entered in theat meetings. register of proceedings of such parish in the usual manner and form, notwithstanding any usage or custom to the contrary which may have been introduced into some parishes.

Calling meetings.

Voters.

Recording votes in cer

tain cases.

The free exercise of

religious profession is

2. Every such parish meeting shall be summoned in the manner usual in the parish.

3. The only persons, who shall be entitled to vote at such parish meetings, when such parish meetings are necessary for the election of church-wardens, shall be the resident parishioners, being householders.

4. Whenever two persons present qualified to vote demand that the votes be recorded on any question before such parish meeting, it shall be the duty of the chairman to cause to be recorded the votes of the parishioners qualified to vote and present at the time of such demand, and who are desirous of voting. C. S. L. C., c. 18, s. 45.

CHAPTER SECOND.

RECTORIES.

3439. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, so as the same be not made an excuse for acts of licentiousness, or a guaranteed. justification of practices inconsistent with the peace and safety of the Province, are by the constitution and laws of this Province allowed to all Her Majesty's subjects within the same. C. S. C., c. 74, s. 1.

No rectories

to be here

3440. No letters-patent shall be issued in this Province after created. by the Crown for the erection of any parsonages or rectories, according to the establishment of the Church of England, or for the endowment thereof out of the clergy reserves or the public domain, or for the presentation of any incumbent or minister to any such parsonage or rectory. C. S. C., c. 74, s. 2.

Existing

rectories not to be affected

ter.

3441. The preceding article shall not in any wise affect any proceedings heretofore had, whereby certain parsonages or by this chap- rectories were erected and endowed, or supposed to be erected and endowed, by the authority of an act of the Imperial Parliament, passed in the thirty-first year of the reign of King George the Third, chapter thirty-one, intituled, "An act to repeal certain parts of an act passed in the fourteenth year of His Majesty's reign, intituled, 'An act for making more effectual provision for the government of the Province of Quebec, in North America, and to make further provision for the government of the said Province," or whereby certain incumbents or ministers were presented, under the same authority, to such parsonages or rectories, or any of them, but

the legality or illegality of all such proceedings shall be adjudicated upon and determined as if the above provision had not been passed. C. S. C., c. 74, s. 3.

tories pro

3442. The right of presenting an incumbent or minister to Presentation any such parsonage or rectory shall vest in, and be exercised to such rec by the church society of the Church of England diocese within vided for. which the same is situated, or in such other person or persons, bodies politic or corporate, as such church society, by any bylaw or by-laws to be by them from time to time passed for that purpose, may think fit to direct or appoint in that behalf. C. S. C., c. 74, s. 4.

CHAPTER THIRD.

RELIGIOUS CONGREGATIONS.

SECTION I.

LANDS HELD BY RELIGIOUS CONGREGATIONS.

religious con

3443. All lands, of what extent soever, which were in the Lands in possession of any parish, mission, congregation or society of possession of Christians, of any denomination whatever, by virtue of any gregations on title vesting in them the property thereof, on the nineteenth day 19th March, of March, one thousand eight hundred and thirty-nine, deemed to 1839, to be shall be deemed to be held in mortiain forever, by and be held in for the benefit of such parish, mission, congregation or society mortmain of Christians, and shall, by virtue of this section, be their incommutable property, in so far as their respective titles extend and are valid. C. S. L. C. c. 19, s. 1; 38 V., c. 35, s. 1,

forever.

thereto and

3444. To give effect to the preceding provision, the rectors Provided that or officiating clergymen, with the church-wardens of such parish, the titles mission, congregation or society of Christians, or the trustees to descriptions whom the care and administration of such lands were confided, thereof have should have caused the titles thereto, and a description and ea been registermeasurement thereof made by a sworn land surveyor, to be registered before the nineteenth day of March, one thousand eight hundred and forty-one, in the office of the prothonotary of the Court of King's Bench, or before the twenty-third day of February eighteen hundred and seventy-seven in the office of the prothonotary for the district in which such lands were situated, or, in default of such title, caused to be registered, in the manner aforesaid, authentic certificates of the peaceable possession of such lands, during ten years, such certificates being attested by seven persons, being proprietors or holders of real property in the place or the neighborhood thereof, with a description and measurement of such lands, made as aforesaid by a sworn land surveyor; and such titles or certificates should Contents of have contained the names and additions which such parish, &c.

such titles,