21 New Certificates Of Title In Names Of Trustees

21 (a) When any Registrar of any land registration district in this Province is satisfied by any evidence he may require that any real property standing in the name of any individual or individuals, whether such persons, or any of them, be deceased or not, actually belongs to or is held in trust for or to the use of any congregation upon the trusts mentioned in section 4 of this Act, he may cancel the certificate of title standing in the name or names of such individual or individuals, and may issue a new certificate of title for said real property in the names of the then trustees of such congregation, to be held in accordance with the provisions of the said section. A certificate of the secretary or clerk of the Presbytery within the bounds of which such property is situate, together with a certificate of the minister in charge of such congregation, to the effect that such property belongs to or is held in trust for or to the use of such congregation, shall be accepted by such Registrar of any land registration district as conclusive evidence. No proof shall be required of the handwriting or official position of any person certifying pursuant to the provisions of this section.

Deeds and other assurances validated

• (b) All deeds, transfers, mortgages, leases, or other assurances of any lands in the Province of British Columbia heretofore or hereafter executed and purporting to be signed by the trustees of any congregation in section 4 mentioned, or a majority of them, shall be, in all Courts in this Province and in all Land Registry Offices in this Province, deemed sufficiently executed to pass or grant or mortgage or lease (as the case may be) the estate or interest thereby purported to be passed, granted, mortgaged, or leased: Provided that the minister in charge of such congregation shall certify that the persons executing such instruments were at the date thereof trustees for said congregation, and in the absence or want of appointment or inability to act of any minister, such certificate may with like effect be granted by the presiding officer, secretary, or clerk of the Presbytery within the bounds of which the said lands are situate. The signature of the said minister or presiding officer or secretary or clerk shall be duly witnessed and verified by affidavit in the same manner as required by the “Land Registry Act”: Provided further that nothing in this section contained shall be construed to dispense with the consent of the Presbytery or Conference, as the case may be, required by any term or provision set forth in Schedule A to this Act with respect to any sale, mortgage, lease, or exchange of lands by such trustees.

Trusts not to be entered in full nor set out in documents

• (c) It shall not be necessary to set out the said trusts in any transfer or in any certificate of title in respect of said lands: Provided, however, that the Registrar shall, upon receiving notice from the presiding officer, secretary, or clerk of the Presbytery within the bounds of which the said lands may be situate that such lands are affected by this Act, enter a note or memorandum giving the title and chapter of the Act of incorporation and of this Act and the respective dates of the passing thereof upon the record of title of each lot and parcel of land affected thereby, and stating that such lands are subject to the said trusts, and shall, on each certificate of title thereafter issued by him with respect to the said lands, enter a note or memorandum to the effect that the property therein described is subject to the trusts created by the said Act.