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Archives provinciales du Nouveau-Brunswick

Fort Havoc (Wallace Hale)

Info Le langage employé dans les textes est celui utilisé par Wallace Hale. Les documents dont les Archives provinciales font l’acquisition ne sont pas traduits de la langue dans laquelle ils ont été produits.

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CAP. I.

An ACT for erecting a Parish in the City of Saint John; and incorporating the Rectors, Church-Wardens and Vestries of the Church of England, in the several parishes, in this Province.

The Parish of Trinity Church in the City of Saint John, established.

 
I.   BE it enacted by the Lieutenant Governor, Council, and Assembly, That the Parish of the Church commonly called and known by the name of Trinity Church, in the City of Saint John, shall comprehend all the Lands lying and being in the City of Saint John, and shall be known and called by the name of the Parish of Saint John.

The Rector, Church Wardens and Vestry of the said Church and their successors incorporated, with capacity to purchase and receive for the use of the said Church, goods, chattels, lands, and tenements.

 

 

 

Annual rents, &c. not to exceed £500.

 
II.   And be it further enacted, That the present Rector, Church-Wardens and Vestry of the said Church, and their successors forever, shall be a body politic and corporate in deed and name, and shall have succession for ever by the name of "The Rector, Church-Wardens and Vestry of Trinity Church, in the Parish of Saint John," and by that name, shall sue and be sued, implead and be impleaded, answer and be answered unto, in all Courts and Places whatsoever, in this Province; and shall have full power and capacity, to purchase, receive, take, hold and enjoy, for the use and benefit of the said Church, as well goods and chattels, as lands, tenenments and hereditaments; and improve and use the same, for the benefit and advantage of the said Church, according to their best discretion and the true intent and meaning of the donors, where such goods and chattels, lands, tenement or hereditaments, shall be given, devised or bequeathed, to the use and benefit of the said Church, any Law, Usage or Custom to the contrary notwithstanding.   Provided always, That the amount of the annual rents, profits and receipts of such lands, tenements, goods, chattels and hereditaments, shall not exceed the sum of Five hundred Pounds.

The parishioners to meet on the 1st Monday after Easter in every year, to chuse two Church Wardens and any number, not exceeding twelve, of Vestrymen.

 
III.   And be it further enacted, That the Parishioners of the said Parish, shall on the first Monday after Easter, forever hereafter, yearly and every year, assemble and meet together at the said Parish Church; and shall then and there, by a plurality of voices, elect and chuse two fit persons belonging to the said Parish, to be Church-Wardens for the year ensuing; and any number not exceeding Twelve, of other fit persons, belonging to the said Parish, to be Vestrymen for the year ensuing; who shall thereupon enter into the execution of their respective offices, and shall continue in the same, until other fit persons, shall be chosen in their stead.

Land conveyed to the use of the said Church and the said Church lately erected thereon vested in the said Corporation.

 
IV.   And be it further enacted, That the several lots of Land, already pruchased, or conveyed, to the use of the said Church, for the purpose of erecting the said Church thereon, and also the said Church lately erected on the said Lots, shall be and remain fully and absolutely vested in the said Rector, Church-Wardens and Vestry, and their successors for ever, as a good and absolute estate in fee simple, for the use, trust and benefit aforesaid; and shall be so deemed and taken, in all Courts of Law and Equity in this Province, any Law, Usage or Custom to the contrary notwithstanding.

Corporation empowered to sell or let Pews, or the Lands and to finish and repair the Church, provide furniture, bells, &c. and pay salaries.

 

 
V.   And be it further enacted, That the said Rector, Church-Wardens and Vestry, or the major part of them assembled, upon due notice publicly given, shall have full power and authority, to have, use and take, all such ways, means and methods, as in their discretion they shall think meet, by the absolute sale of, or by letting to hire, or other disposal of the Pews of the said Church, or the said Lands and Ground, and by the improvement and use as aforesaid, of such goods, chattels, lands, tenements and hereditaments, as shall be hereafter purchased or given, to the use and benefit of the said Church, to complete and finish the said Church, and repair the same, from time to time, and to provide goods, furniture, ornaments and bells; and to pay the salaries, and other allowances, to the Rector, Organist, Clerk and Sexton of the same Church, and to the Clerk of the Vestry; and to defray all other necessary future expenses, for the use and benefit of the said Church.

The Rectors, &c. of the Churches erected and to be erected in the Province incorporated.

 

 
VI.   And be it further enacted, That the Rectors, Church-Wardens and Vestries of the several and respective Churches, already erected, in the several and respective Parishes, in this Province, and also of such Churches, as shall be hereafter erected, and their respective successors for ever, shall as soon as they are respectively inducted and appointed, be bodies politic and corporate, in deed and name, and shall have succession for ever, by the name of the Rector, Church-Wardens and Vestry of the several and respective Churches to which they belong; and this Act and every clasue, direction, authority and power in the same contained, shall extend and be in force, for all such Churches in the same manner as if the said clauses, directions, authorities and powers, were particularly re-enacted, and applied to such Churches respectively.

In case of the death or absence of the Rectors, the Church Wardens and Vestry to have the same authority as the Rector, Church Wardens, &c.

 
VII.   And be it further enacted, That in case of the death or absence from the Province, of the respective Rectors of the said Churches, for the time being, and where no Rectors shall have been appointed; the Church-Wardens and Vestry in such Parishes, shall, during such vacancy or absence, have the full powers and authorities, that are herein before given to the Rector, Church-Wardens and Vestry of such Churches respectively.

No Corpse to be interred under any Church, nor within 100 yards of Trinity Church.

 
VIII.   And be it further enacted, That henceforth no Corpse shall be interred, within or under the said Church in the City of Saint John, or within one hundred yards, from the walls of the said Church; or within or under the walls of any Church already erected or hereafter to be erected in this Province.

________________

C. 1. Anno XXIX. Geo. III.   A. D. 1789.


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