be levied on the goods and chattels of such offender and in default of such distress or if such distress shall prove insufficient such justice of the peace may commit the offender to prison for any term not exceeding twenty-one days. C.O., c. 36, s. 4. TITLE IV. RELATING TO REAL PROPERTY. CHAPTER 37. An Ordinance respecting Land held by two or more Persons. TH HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: as tenants in unless otherwise 1. Whenever by any letters patent, transfer, conveyance, as- Owners to hold surance, will or other assignment land or any interest in land common is granted, transferred, conveyed, assigned or devised to two or intention more persons other than executors or trustees in fee simple or for any less estate legal or equitable such persons shall take as tenants in common and not as joint tenants unless an intention sufficiently appears on the face of such letters patent, convey ance, assurance, will or other assignment that they take as joint C.O., c. 37, s. 1. tenants. CHAPTER 38. An Ordinance respecting the Holding of Lands in Trust for TH HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. When any religious society or congregation of Christians in the Territories desire to take a conveyance or transfer of land for the site of a church, chapel, meeting house, burial ground, residence or glebe for the minister or for the support of public worship and the propagation of Christian knowledge such society or congregation may appoint trustees, to whom and their successors to be appointed in such manner as may be specified in the deed of conveyance or transfer or by resolution passed in the manner provided for in the tenth section of this Ordinance the land requisite for all or any of the purposes aforesaid may be conveyed or transferred and such trustees and their successors in perpetual succession by the name expressed in the deed or resolution may take hold and possess the land and maintain and defend all actions or suits for the protection thereof or of their property therein: Provided always that no religious society or congregation shall be capable of holding under the provisions of this Ordinance more than three hundred and twenty acres of land. C.O., c. 38, s. 1. 2. Such trustees shall within twelve months after the execution of the transfer or deed of conveyance as authorized in the next preceding section cause the title to the land described therein to be registered in the land titles office of the land registration district in which the land is situated, otherwise the said deed or transfer shall be void. C.O., c. 38, s. 2. 3. When a debt has been or may hereafter be contracted for the building, repairing, extending or improving a church chapel, meeting house or residence for the minister on land held by trustees under the provisions of this Ordinance or for the purchase 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 payment of the debt or any part thereof with or without interest by mortgage upon the land, church, chapel, meetinghouse or residence for the minister or may borrow money to pay the debt or any part thereof and may secure the repayment of the loan with or without interest by a like mortgage. C.O., c. 38, s. 3. be leased 4. The trustees may lease for any term not exceeding twenty- Land may one years land held by them under this Ordinance or purt thereof at such rent and upon such terms as the trustees or a majority of them may deem reasonable: of society or congregation to lease Provided always that the trustees shall not lease any land which at the time of the making of the lease is necessary for the purpose of erecting a church, chapel, meetinghouse or residence for the minister or for a burial ground for the religious society or congregation for whose use the land is held; and Provided further that the trustees shall not lease the land so When consent held by them or any part thereof for a term exceeding three years without the consent of the religious society or congrega- necessary tion for whose use the land is held, which consent shall be signified by resolution passed by the votes of a majority of those persons who by the constitution of the said religious society or congregation or by the practice of the church with which it is connected are entitled to vote in respect of church business, present at a meeting of the religious society or congregation duly called for the purpose of considering the proposed lease. C.O., c. 38, s. 4. of lease 5. In any lease made under the last preceding section the Renewal trustees may covenant or agree for the renewal thereof at the expiration of any or every term of twenty-one years for a further term of twenty-one years or any less period at such rent and on such terms as may then by the trustees for the time being be agreed upon with the lessee, his executora, 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 provided for in the original or any subsequent lease. C.O., c. 38, s. 5. have powers 6. The trustees for the time being holding land under this Trustees to Ordinance which has been leased under the powers contained in of landlords the fourth and fifth sections of this Ordinance may take all such means and proceedings for the recovery of rent or arrears of rent which landlords are by law entitled to take. C.O., c. 38, s. 6. 7. When land held by trustees for the use of a religious Sale of land society or congregation becomes unnecessary to be retained for such use and it is deemed advantageous to sell the same the trustees for the time being may give public notice of an intended sale, specifying the premises to be sold, the terms of payment and the time of sale and after publication of the notice not less than once in each week for four successivn weeks in a newspaper published in or near the place where the land is situated, sell the land at public auction according Sanction of judge to transfer Annual statement Society or congregation may specify manner of appointing succeeding trustees to 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; and in such a case the trustees may at a subsequent time sell the land either at public auction or private sale but a less sum shall not be accepted at private sale than was offered at public sale. C.O., c. 38, s. 7. 8. Before a deed or transfer is executed in pursuance of a public or private sale the religious society or congregation for whose use the land is held shall be notified and the sanction of a judge of the Supreme Court usually exercising jurisdiction in the judicial district in which the land is situated, obtained for the execution of the deed. C.O., c. 38, s. 8. 9. Trustees selling or leasing land under the authority of this Ordinance shall in the month of January in each year at a meeting of the religious society or congregation duly called according to the constitution thereof or according to the practice of the church with which it is connected, have ready and open for the inspection of the said society or congregation and of any and every member thereof a statement showing all rents which accrued during the preceding year and all sums of money in their hands for the use and benefit of the said society or congregation which were in any manner derived from the land under their control or subject to their management or from the proceeds of the sale thereof and also showing the manner in which they may have expended or dealt with the said money or any part thereof. C.O., c. 38, s. 9. 10. When land is granted, transferred or conveyed to trustees for the use of any religious society or congregation and the grant, transfer or deed of conveyance of such land does not specify the manner in which the successors to the trustees therein named are to be appointed the religious society or congregation for whose use such land is held may at a meeting of the said society or congregation duly called according to the constitution thereof or according to the practice of the church with which it is connected, by the votes of a majority of those persons who by the constitution of the said society or congregation or by the practice of the church with which it is connected are entitled to vote in respect of church business, then present at such meeting, pass a resolution specifying the manner in which the successors of the trustees for the time then being are to be appointed and such resolution indorsed on or annexed to the deed, trauster or conveyance under which the land is held for the use of the said society or congregation signed by the chairman and secretary of the meeting at which the resolution is adopted shall govern and regulate the manner in which the successors of the trustees named in the original grant or conveyance shall be appointed and from and after the passing of such resolution the |