aforesaid; and in all cases, except for money paid and received in respect of any mortgage or sale of the said hereditaments and premises, or any part or parts thereof, as aforesaid, the receipt and receipts of any one or more of the said trustees for the time being, or any one or more of the stewards or treasurers for the time being, by the said trustees for the time being, or the major part of them, duly authorized to sign and give receipts, shall be a full discharge to the person and persons entitled to such receipt or receipts, his, her and their heirs, executors and administrators, for all moneys (except as aforesaid) therein respectively expressed and acknowledged to have been received by any such trustee, steward or treasurer, as aforesaid.

19. That pur

19. And it is hereby declared that it shall not be chager or mort incumbent upon any mortgagee or mortgagees, purgagee shall not be bound to in- chaser or purchasers of the said parcel or tract of land, quire as to the church or place of religious worship, hereditaments necessity of sale and premises, or of any part or parts thereof, respecor mortgage. tively, to inquire into the necessity, expediency or propriety of any mortgage, sale or disposition of the said parcel or tract of land, church or place of religious worship, hereditaments and premises, or of any part or parts thereof made or proposed to be made by the said trustees or trustee for the time being, or the major part of them, as aforesaid, or whether any such notice or notices, as aforesaid, was or were duly given, or was or were valid or sufficient, or whether any steward or stewards, treasurer or treasurers, was or were duly authorized to sign and give receipts as aforesaid; nor shall it be incumbent upon any such mortgagee or mortgagees, purchaser or purchasers, or any of them, or for any other person or persons, his, her or their heirs, executors, adminis trators or assigns, paying money to such trustees or trustee, or to their steward or stewards, treasurer or treasurers, for the time being, as aforesaid, to see to the application, or to be answerable or accountable for the loss, mis-application or non-application of such purchase or other money, or any part thereof, for which a receipt or receipts shall be so respectively given, as aforesaid.

accountable for

20. That trus- 20. And it is hereby declared that the said trustees tees shall not be or trustee for the time being shall not, nor shall any involuntary loss. of them, their or any of their heirs, executors or administrators, or any of them, be chargeable or accountable for any involuntary loss suffered by him, them or any of them, nor any one or more of them, or any other or others of them, nor for more money than shall come to their respective hands, nor for injury done by others to the said trust premises, or to any part of parte therest.

887

21. That number

not be less than five nor more

cies are to be

21. And it is hereby declared to be the true intent of trustees shall and meaning of this indenture and of the parties thereto, that the full number of the trustees of the than twenty-one, said trust shall not be less than five (5) nor more than and that vacan- twenty-one (21), and that when and so often as any filled and numone or more of the said trustees or of their successors ber increased by in the said trust shall die, resign office as trustee, by nomination and and with the consent of a two-thirds vote of the coappointment. trustees, or withdraw from or cease to be a member or members of the said Methodist Church, according to the rules and discipline of the said Church, or shall remove to such distance as shall in the opinion of his co-trustees, expressed by a two-thirds vote of said co-trustees, render it inexpedient for him to remain in said trust, the place of the trustee or trustees so dying, resigning, withdrawing, ceasing to be a member or members of the said Church, or removing as aforesaid, shall thereupon become vacant, subject, however, to the provisos next hereinafter set out, and shall be filled with a successor or successors, being a member or members of the said Church, of the full age of twenty-one years, to be nominated and appointed as follows, that is to say,-to be nominated by the Methodist Church minister having charge, for the time being, of the circuit or station in which the said hereby conveyed premises shall be situate, and thereupon appointed by the surviving or remaining trustee or trustees of the said trust, or a majority of them, if he or they shall think proper to appoint the person or persons so nominated; and in case of an equal division of the votes of the trustees present at any meeting of the trustees held for the purpose of such appointment, the minister so in charge of the said circuit or station shall have a casting vote in such appoint ment: Provided always, that no such consent as aforesaid shall be given while any vacancies remain unfilled, nor shall the trustees consent to the resignation of more than one trustee by any one vote: Provided also, that notwithstanding the withdrawal by a trustee from his membership in the said Church, his powers and liabilities as a trustee shall not cease unless his place in the trust shall be de clared vacant by a two-thirds vote of the remaining trustees, which declaration it shall be in their power to make, on their being convinced that he has withdrawn as aforesaid, provided that no prior vacancy remain then unfilled, and provided that not more than one vacancy shall be declared by any one vote; and if at any time it shall be deemed advisable to increase the number of trustees to & number greater than that appointed hereby, not exceeding twentyone, then the person or persons whom it is desired to appoint as such new trustee or trustees shall be nominated and appointed as is next herein before provided for the filling of vacancies; and if it shal

388

ppen at any time that there shall be no surviving or remaining stee of the said trust, in every such case it shall and may be wful for the minister aforesaid to nominate, and the quarterly eeting of the circuit or station, if they approve of the person or rsons so nominated, to appoint, the requisite number of the stees of the said trust, by the vote of the majority of the memrs of the said meeting then present; and in case of an equal vision of their votes, the chairman of the said meeting shall have e casting vote in such appointment, and the person or persons so minated and appointed trustee or trustees in either of the said odes of nomination and appointment shall be the legal successor successors, co-trustee or co-trustees, of the said above-named stees, and shall have, in perpetual succession, the same capacities, wers, rights, duties, estates and interests as are given to the abovemed trustees in and by these presents, and in and by any Statute Statutes which may, for the time being, be in force affecting the

me.

To fix quo, &c.

22. It is hereby declared that a majority of the said trustees shall form & quorum, all having been duly tified; and when a majority or two-thirds vote may be required any purpose, it shall be held to mean a majority or two-thirds, the case may be, of any such meeting.

To fix time

23. A full and acurate financial statement, duly placing finan-audited, shall be laid before the first quarterly official re quarterly meeting after the first day of January in each year.

statement

cial meeting.

APPENDIX V.

A LIST OF JUDICIAL DECISIONS AND INTERPRETATIONS OF LAW, NOT MODIFIED BY SUBSEQUENT LEGISLATION, AS GIVEN BY THE COURT OF APPEAL, THE GENERAL SUPERINTENDENT'S COURT OF APPEAL, AND IN THE RULINGS OF THE PRESIDENTS OF ANNUAL CONFER ENCES REPORTED TO, AND APPROVED BY THE ACTION OF THE GENERAL CONFERENCE, FROM THE UNION IN 1883 TO THE YEAR 1898.

1. General Conference.

1. An appeal against any legislation of the General Conference cannot be entertained by the Court of Appeal. (Journal 1898, p. 279, par. 8; also p. 286.)

2. Annual Conference.

2. An Annual Conference on finding a minister guilty of an offence "expressly forbidden by the Word of God and sufficient to exclude from the kingdom of grace and glory' has no discretionary power to attach some other penalty than that ordered by Discipline. (Journal 1890, p. 175, par. 2.)

3. When an Annual Conference finds a minister guilty of an offence "expressly forbidden by the Word of God, and sufficient to exclude from the kingdom of grace and ory," the President is not at liberty to entertain a motion in amendment of the sentence required by Discipline. Journal 1890, p. 176, par. 7.)

4. An Annual Conference exceeds its jurisdiction when it indefinitely postpones passing a proper sentence upon an offender. (Journal 1890, p. 176, par. 6.)

5. An Annual Conference cannot expel a minister under charges without pronouncing upon his guilt. (Journal 1894, p. 253, par. 6.)

6. Ministers appointed to Connexional offices, though not in the pastorate, are in the "active work." (Journal 1890, p. 175, par. 4.)

7. An Annual Conference has power to settle disputes between two or more congregations within its boundaries. (Journal 1890, p. 253, par. 5.)

8. Women cannot be admitted as lay delegates to membership in an Annual Conference. (Journal 1894, p. 253, par. 3.)

9. An Annual Conference cannot receive into Full Connexion and admit to ordination any candidate who has not previously fulfilled the requirements of Discipline as to the term of probation and examinations. (Journal 1894, p. 254, par. 10.)

10. An Annual Conference exceeds its jurisdiction when it admits as a candidate on probation one who has failed on any subject besides Greek in the preliminary course of