Important

Documents.

APPENDIX III. of this Act, or when followed by notarial instrument expede, and with warrant of registration thereon recorded in terms of this Act, or such lease, shall not only vest the party or parties named therein in the lands, thereby feued, conveyed, or leased, but shall also, after the death or resignation or removal from office of such party or parties, or any of them, effectually vest their successors in office for the time being chosen and appointed in the manner provided or referred to in such conveyance or lease, or if no mode of appointment be therein set forth or prescribed, then in terms of the rules or regulations of such congregation or society or body of men, in such lands, subject to such and the like trusts, and with and under the same powers and provisions as are contained or referred to in the conveyance or lease given and granted to the parties, disponees, or lessees therein, and that without any transmission or renewal of the investiture whatsoever, anything in such conveyance or lease contained to the contrary notwithstanding: And the provisions of this section shall apply also to all trusts for the maintenance, support, or endowment of ministers of religion, missionaries, or schoolmasters, or for the maintenance of the fabric of churches, chapels, meeting-houses, or other places of worship, or of manses or dwelling-houses or offices for ministers of the gospel, or of schoolhouses or schoolmasters' houses, or other like buildings.

CLAUSE CXIII. Where no agreement shall have been made or shall be made with the superior of lands of the nature referred to in the twenty-sixth section of this Act for a periodical or other payment in lieu of the casualty or composition payable by law or in terms of the investiture upon the entry of heirs and singular successors, or where the casualty and composition shall not have been taxed, and where by law and under the terms of the investiture composition as on the entry of a singular successor would be, or but for the provisions of the said section would have been, payable upon the entry of any party or parties as successors to the party or parties in whose name the titles shall have been expede and recorded as provided by the said section, it shall be lawful for such superior, at the death of the existing vassal in such lands, and at the expiration of every period of twenty-five years thereafter, so long as such lands shall belong to or be held for behoof of such congregation or society or body of men, to demand and take from such congregation or society or body of men, or other party or parties to whom such lands may have been or shall be feued or conveyed, or by whom the same may be held for their behoof, a sum corresponding to the casualty or composition, if any such shall in the circumstances be due, which would have been payable upon the entry of a singular successor therein; and such payments shall be in full of all casualties of entry and composition payable to the superior for or furth of such lands, while the same shall remain the property or be held for behoof of such congregation or society or body of men, and the superior shall have all such and the like preference and execution for the recovery of such sums as superiors have for the recovery of casualties of superiority according to law: Provided always, that where such casualty or composition shall not have been taxed in the investiture, and the lands so feued or conveyed shall not be situated in the town or village or in the immediate vicinity thereof, the casualty or composition payable therefor shall be held to be the annual rent or annual value of the lands so feued or conveyed, if let as an agricultural subject at the time when such casualty or composition shall become due and exigible in virtue of this Act.

3. ABSTRACT of Act of Parliament intituled "The Free Church Minis- APPENDIX III. ters' Widows' and Orphans' Fund, Act, 1851," 14° and 15° Vict. Cap. 78.-Passed 24th July 1851.

Whereas a general fund is annually contributed by the congregations of the body of Christians calling themselves the Free Church of Scotland, for the support of the ministers of the said Church, which fund is commonly called and known by the name of the Sustentation Fund, and another general fund is annually contributed by the congregations of the said Church for the support of professors holding professors' offices in any college connected with the said Church, which fund is commonly called and known by the name of the College Fund: And whereas the General Assembly of the said Church did, in terms of an Act of Assembly, dated the twentyseventh day of May one thousand eight hundred and forty-six, form a scheme for raising out of the said general fund called the Sustentation Fund, and out of the said general fund called the College Fund, a fund for the purpose of making a provision for the widows and children of the ministers of the said Church, and for the widows and children of the professors holding professors' offices in any college connected with the said Church: And whereas a considerable sum has already been accumulated in pursuance of the said scheme for the purpose aforesaid: And whereas experience has shown that the said scheme and the administration thereof may be improved, and its objects more beneficially effected; but this cannot be done without the aid and authority of Parliament: it is enacted as follows :

Important
Documents.

established.

SECT. I. That there shall be raised and established a fund for making a Widows' and provision for the widows and children of the ministers of the said Church, Orphans' Fund and of the professors holding professors' offices in any college in Scotland connected with the said Church, and with which the fund already raised shall be united and amalgamated; and which amalgamated fund shall be called "The Free Church Ministers' Widows' and Orphans' Fund."

SECT. II. That the fund shall embrace two separate schemes, one for mak- Objects of the ing a provision for the widows, to be called “ The Widows' Scheme," and the Fund. other for making a provision for the children, to be called "The Orphans' Scheme."

SECT. III. That there shall be payable, out of the Sustentation Fund, for Payments to the every minister of the said Church, now or hereafter holding a pastoral charge Fund. in Scotland, and admitted to any share of the Sustentation Fund, and also for every minister now or hereafter emeritus, and out of the College Fund, for every professor now or hereafter holding a professor's office in any college in Scotland connected with the said Church, and admitted to any share of the College Fund, and also for every professor now or hereafter emeritus, an annual sum of five pounds to the Widows' Scheme, and an annual sum of two pounds to the Orphans' Scheme, payable at the term of Whitsunday immedi̟ately following the date of their induction or admission to a pastoral charge or professor's office respectively, and thereafter at the term of Whitsunday yearly, during the lifetime of each minister and professor, or until any such minister or professor shall cease to have any share of the Sustentation Fund or College Fund respectively.

vacant Charges

SECT. IV. That there shall be payable at the term of Whitsunday in each Payments to be year out of the Sustentation Fund for every pastoral charge in the said Church made in respect of in Scotland which shall happen to be vacant at the said term, and out of the and Professors College Fund for every professor's office which shall happen to be vacant at offices.

the said term, the sum of five pounds to the Widows' Scheme and the sum of two pounds to the Orphans' Scheme: Provided always, that when a pastoral charge or professor's office shall become vacant by the death, translation, re

Important
Documents.

APPENDIX III. signation, or deprivation of any minister or professor who shall have been a contributor to the Widows' Fund of the Established Church of Scotland, no payment in that event shall be made on account of such pastoral charge or professor's office whilst so vacant: Provided also, that no payment shall be made for any vacant pastoral charge or professor's office after the same shall be formally suppressed as a pastoral charge or professor's office, or combined and incorporated with another pastoral charge or professor's office, by or under the authority of the General Assembly.

Casual Payments to the Fund.

Entry Money.

Marriage Tax.

Payments to be
preferable Bur-
dens on the
Sustentation Fund
and College Fund.

Act to apply to
Colleagues,
Colleagues and

Successors, and
Assistants and
Successors.

Ministers or Pro-
fessors hereafter
ceasing to have
Shares of the

Sustentation Fund or College Fund

may continue the

Rights of their
Widows and
Children.

SECT. V. That there shall be payable to the Widows' Scheme out of the Sustentation Fund for every minister, and out of the College Fund for every professor,

(1.) A sum of ten pounds for every minister and professor who shall be inducted or admitted to a pastoral charge or professor's office for the first time, or who subsequently to his having forfeited the right and interest of his widow and children in the fund, shall be again inducted or admitted to a pastoral charge or professor's office, the said sum being payable in two equal instalments, namely, five pounds at the first term of Whitsunday, and five pounds at the second term of Whitsunday, after the date of his induction or admission; provided such minister or professor shall survive the said terms of payment respectively :

(2.) An additional sum for every minister or professor who shall marry or who shall be married at the time of his induction or admission to such pastoral charge or professor's office, for his first and every subsequent marriage as follows; (that is to say), where such minister or professor is under forty-five years of age at the date of his marriage, or of his induction or admission if then married, a sum of five pounds at the first term of Martinmas happening after three months from such dates respectively; and where such minister or professor is forty-five years of age or upwards at the date of his marriage, or of his induction or admission if then married, a sum of ten pounds in two equal instalments, namely, five pounds at the first term of Martinmas happening after three months from such dates respectively, and five pounds at the next term of Martinmas thereafter: Provided always, that if any such minister or professor shall marry a widow who at the time of her marriage with him shall be in receipt of an annuity from the Widows' Scheme, no payment shall be made to the Widows' Scheme in respect of such marriage.

SECT. VI. That the whole of the annual and other sums before specified shall form preferable burdens on the Sustentation Fund and College Fund respectively.

SECT. VII. That this Act shall extend and apply to persons and to the widows and children of persons holding the office of colleague, colleague and successor, or assistant and successor to a minister or professor, provided such persons shall and do enjoy the full status and functions of a minister or professor, and shall be admitted to any share of the Sustentation Fund or College Fund respectively, but not otherwise.

SECT. VIII. That in the event of any minister or professor ceasing, from whatever cause, to have any share of the Sustentation Fund or College Fund, it shall nevertheless be in his power to continue the right of his widow and children to the benefits of the Widows' Scheme and Orphans' Scheme, by paying regularly the annual and other sums which would otherwise have been payable out of the Sustentation Fund or the College Fund in terms of sections III. and V. of this Act, with interest as aforesaid, and by complying fully with the other provisions of this Act: Provided always, that if such minister or professor shall have failed, from whatever cause, at two successive terms of payment to make payment to the fund of such annual contributions, his widow and children shall ipso facto forfeit and lose all right and interest in the Widows' Scheme and Orphans' Scheme, and shall not be entitled to any benefit therefrom whatsoever.

Important
Documents.

SECT. IX. That those ministers or professors who have, prior to the passing APPENDIX III. of this Act, ceased to have any share of the Sustentation Fund or College Fund, and who have not forfeited the right and interest of their widows and children under the scheme formed by the General Assembly, shall be entitled likewise to continue the right and interest of their widows and children to Ministers or Prothe benefits of the Widows' Scheme and Orphans' Scheme established by this fessors who have Act, and that in the same manner, and subject to the same proviso as to Shares in the forfeiture, as in the case of ministers and professors hereafter ceasing to have Funds may continue their Rights. any share of the Sustentation Fund or College Fund.

ceased to have

SECT. X. That those ministers and professors 'who are contributors to the Parties excepted Widows' Fund of the Established Church of Scotland, and their widows and from the Fund. children, shall be excepted from the Widows' Scheme and Orphans' Scheme established in virtue of this Act.

SECT. XI. Appoints trustees (and their convener) for managing the fund, Trustees and incorporates them and their successors in office as one body politic and appointed and incorporated. corporate by the name and style of "The Trustees of the Free Church Ministers' Widows' and Orphans' Fund."

SECT. XII. Regulates the election of new trustees in room of the two Trustees to go out senior trustees who go yearly out of office, the filling up of casual vacancies, of Office by Rotaand the election of the convener.

tion.

SECT. XIII. Regulates the meetings of the trustees (three being a quorum) Meetings and and empowers them to appoint committees of their number.

SECT. XIV. Empowers the trustees to appoint a treasurer and an actuary or auditor.

SECT. XV. Prescribes the general duties of the treasurer.

Quorum of
Trustees.

Treasurer and
Actuary.
Duties of

SECT. XVI. Provides for the keeping of the books and making up the Treasurer. accounts of the fund and lists of the progressive changes in the family Books, etc. statistics of the ministers and professors.

SECT. XVII. That in order to enable the treasurer to keep a full and Returns to be correct record of the statistics of the fund, it shall be incumbent on each per- made by Presbytery Clerks and son holding the office of clerk to any presbytery of the said Church to report Ministers and to the treasurer, in such form as shall from time to time be prescribed by the Professors. trustees, such changes as may occur within the bounds of the presbytery of which he is clerk with respect to the induction, translation, resignation, deprivation, or death of any minister or professor, and that half-yearly, on the first day of May and first day of November respectively, bringing down the report of such changes at least to the first day of April and first day of October immediately preceding; and every minister or professor shall, within two months after his induction or admission to a pastoral charge or professor's office, make a return to the treasurer, accompanied by such certificates as shall be required by the trustees, stating the following particulars, in so far as they apply to his case, namely, the date of his ordination and induction, the date of his birth, the name of his wife, and the date of her birth, the name and date of the birth of each child alive, and the date of the birth and death of each child deceased; and every minister or professor shall in the month of August in each year make a return to the treasurer, also accompanied by such certificates as shall be required by the trustees, of the particulars of such changes as shall have occurred in the state of his family during the year preceding the first day of August annually, according to the form of the schedule hereunto annexed, or certify that no such change has taken place.

Professors to make

SECT. XVIII. That in the event of a minister or professor failing to make Penalty for failure such returns, his right to the share that would have been payable to him at of Ministers or the ensuing term of Martinmas from the Sustentation Fund or College Fund returns. respectively shall ipso facto be suspended; and the treasurer shall, on or before the fifth day of November in each year, furnish a list of any ministers or

APPENDIX III. professors who shall have failed to make such returns to the treasurer of the Sustentation Fund or College Fund respectively, who thereupon shall withhold payment of the share which would otherwise have been due to such parties respectively until it shall be intimated to him by the treasurer that the requisite returns have been made.

Important
Documents.

Moneys to be

SECT. XIX. That the trustees shall from time to time name a bank in deposited in Bank. Edinburgh, in which the moneys of the fund shall be deposited on an account to be opened in their name, to be operated upon by drafts signed by two of the trustees and the treasurer; and the treasurer shall never at any time retain in his hands more than fifty pounds of the money belonging to the fund. SECT. XX. Provides that the whole moneys belonging to the fund shall vest in the trustees and not be affectable by the debts or deeds of ministers and professors, and shall be protected against all legal diligence at the instance of their creditors or any other person.

Funds vested in the Trustees.

Donations and Bequests to be allocated.

Investment of the
Funds.

Trustees may prosecute diligence and enter into arbitrations.

Annual Report to be laid before the General Assembly.

Periodical Investigation of the

Affairs of the

Fund.

SECT. XXI. That all donations or bequests to or for the general purposes of the fund shall be allocated and applied by the trustees in the proportion of five pounds to the Widows' Scheme and two pounds to the Orphans' Scheme, unless otherwise directed by the persons giving or bequeathing such donations or bequests.

SECT. XXII. Regulates the powers of the trustees as to the investment of the moneys belonging to the fund.

SECT. XXIII. Empowers the trustees, by their corporate name, to prosecute all legal diligence, and to enter into submissions or arbitrations for and in relation to the fund, and all matters and things connected therewith.

SECT. XXIV. That the trustees shall prepare, and lay before the General Assembly at their ordinary annual meeting, a report on the state and progress of the fund, and showing generally how the moneys are invested, and the respective rates of interest payable thereon, which reports, along with such lists or abstracts as may be necessary to explain the same, shall at the same time be printed for circulation, and copies thereof shall be furnished by the treasurer, free of any charge, to ministers and professors applying for the same at the office of the fund.

SECT. XXV. Provides that the affairs of the fund shall be investigated periodically by the actuary or auditor.

SECT. XXVI. Provides that each investigation shall be made as at the Periods of Investi- fifteenth day of May not sooner than seven nor later than ten years from the gation. date of the immediately preceding investigation, unless circumstances shall arise which in the opinion of the trustees render it desirable to make an earlier investigation, in which case they shall have power to direct an investigation to be made within an earlier period than seven years.

Liabilities of
Trustees and

Members of the
Presbyteries of
Edinburgh and
Glasgow.

Bye-laws and

Regulations may be made.

Rate of Interest to be paid.

SECT. XXVII. That neither the trustees nor the members of the said presbyteries of Edinburgh and Glasgow shall be liable for omissions, or for acts done by them bonâ fide in the execution of their duties under this Act, or for the solvency of the persons to whom moneys shall be lent out, or of the banks in which moneys shall be deposited, or for the sufficiency of securities and investments, or in solidum, but each only for his own actual intromissions, and the trustees shall be paid and indemnified out of the fund for all necessary expenses to which they may be put in the execution of their office.

SECT. XXVIII. Empowers the trustees to make bye-laws and regulations for beneficially administering the fund, subject to the approval of the members of the Presbyteries of Edinburgh and Glasgow: Provided always, that such bye-laws and regulations shall not be repugnant to the law of Scotland, or to the true intent and meaning of this Act.

SECT. XXIX. That in every case where interest in made payable by this Act, such interest shall be calculated and paid at the rate of five pounds per centum per annum.