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of Quebec; but subject, nevertheless, to such further or other provisions as may be made in this behalf, by any Act of the Legislative Council and Assembly of either of the said Provinces respectively, assented to by His Majesty, His Heirs or Successors.

14 Geo 3d,

and XXXV. And whereas, by the abovementioned Act, passed in the four

teenth year of the Reign of His present Majesty, it was declared, That the Clergy of the Church of Rome, in the Province of Quebec, might hold, receive, and enjoy their accustomed dues and rights, with respect to such persons only as should profess the said Religion; Provided nevertheless, That it should be lawful for His Majesty, His Heirs or Successors, to make such provision out of the rest of the said accustomed dues and rights, for the encouragement of the Protestant Religion, and for the maintenance and support of a Protestant Clergy within the said Province, as he or they should from time to time think necessary and expedient: And whereas, by His Majesty's Royal Instruction, given under His Majesty's Royal Sign Manual, on the third day of January, in the year of our Lord one thousand seven hundred and seventy-five, to Guy Carleton, Esquire, now Lord Dorchester, at that time His Majesty's Captain General, and Governor in Chief in and

over His Majesty's Province of Quebec, His Majesty was pleased, amongst instructions of Jan. 3, other things, to direct, « That no incumbent professing the Religion of the

". Curch of Rome, appointed to any Parish in the said Province, should be Esquire, &c. and

entitled to receive any tythes for lands or possessions occupied by a Protestant, but that such tythes should be received by such persons as the said Guy Carleton, Esquire, His Majesty's Captain General and Governor in Chief in and over His Majesty's said Province of Quebec, should appoint, and should be reserved in the hands of His Majesty's Receiver General of the said Province, for the support of a Protestant Clergy in His Majesty's said Province, to be actually resident within the same, and not otherwise, according to such directions as the said Guy Carleton, Esquire, His Majesty's Captain General and Governor in Chief in and over His Majesty's said Province, should receive from His Majesty in that behalf; and that in like manner, all growing rents and profits of a vacant benefice should, during such vacancy, be reserved for and applied to the likeuses;" And whereas,

His Majesty's pleasure has likewise been signified to the same effect in His instructions to Sir Tre. Majesty's Royal instructions given in like manner to Sir Frederick Haldiderick Haldimand, and man 'Knicht of the most hana to Lord Dorchester, re- land, Angit Ol the most nono, cited,

Captain General and Governor in Chief in and over His Majesty's said Province of Quebec; and also in His Majesty's Royal instructions, given in like manner to the said Right Honorable Guy Lord Dorchester, now His

Majesty's Captain General and Governor in Chief in and over His Maand the declaration and jurovisions therein re jesty's said Province of Quebec-; Be it enacted by the authority aforesaid, specting the clergy of That the said declaration and provision contained in the said above menthe Church of Rome lo

tioned Act, and also the said provision so made by His Majesty in consequence thereof, by his instructions above recited, shall remain and continue to be of full force and effect in each of the said two Provinces of Upper Canada and Lower Canada respectively, except in so far as the said declaration or provisions respectively, or any part thereof, shall be expressly varied or repealed by any Act or Acts which may be passed by the Legislative Council

continue id force.

and

and Assembly of the said Provinces respectively, and assented to by His Majesty, His Heirs or Successors, under the restriction herein after provided.

XXXVI. And whereas, His Majesty has been graciously pleased, by Mes

His Majesty's mes.

sage to Parliament resage to both Houses of Parliament, to express His Royal desire to be en- cited. abled to make a permanent appropriation of land in the said Provincès, for the support and maintenance of a Protestant Clergy within the same, in proportion to such lands as have been already granted within the same by His Majesty : And whereas, His Majesty has been graciously pleased, by

His Majesty may au. bis said Message, further to signify His Royal desire that such provision may thorize the Governor

to pake allotments of be made, with respect to all future grants of land within the said Provinces

in the sala Provinces lands for the support respectively, as may best conduce to the due and sufficient support and of a Protestant clergy

in each Province ; maintenance of a Protestant Clergy within the said Provinces, in proportion to such increase as may happen in the population and cultivation thereof: Therefore, for the purpose of more effectually fulblling His Majesty's gracious intentions, as aforesaid, and of providing for the due execution of the same in all time to come, Be it enacted by the authority aforesaid, That it shall and may be lawful for His Majesty, His fleirs or Successors, to authorize the Governor or Lieutenant Governor of each of the said Provinces respectively, or the person administering the Government therein, to make, from and out of the lands of the Crown within such Provinces, such allotment and appropriation of lands, for the support and maintenance of a Protestant Clergy within the same, as may bear a due proportion to the amount of such lands within the same as have at any time been granted by or under the authority of Ilis Majesty: And that whenever any grant of lands within either of the said Provinces shall hereafter be made, by or under the authority of His Majesty, His Heirs or Successors, there shall at the same time be made, in respect of the same, a proportionable allotment and appropriation of lands for the above mentioned purpose, within the Township or Parish to which such lands so to be granted shall appcrlain or be annexed, or as nearly adjacent thereto as circuinstances will admit; and that no such grant shall be valid or effectual unless the same shall contain a specification of the lands so allotted and appropriated, in respect of the lands to be thereby granted; and that such lands, so allotied and appropriated, shall be, as nearly as the circumstances and nature of the case will admit, of the like quality as the lands in respect of which the same are so allotted and appropriated, and shall be, as nearly as the same can be estimated at the time of making such grant, equal in value to the seventh part of the lands so granted.

XXXVII. And be it further enacted by the authority aforesaid, That all and

And the rents arising every the rents, profits, or enioluments, which may at any time arise from from such allotments to such lands, so allotted and appropriated, as aforesaid, shall be applicable

shall be applicabile be applicable to that

purpose solely. solely to the maintenance and support of a Protestant Clergy, within the Province in which the same shall be situated, and to no other use or purpose whatever.

XXXVIII. And be it further enacted by the authority aforesaid, That it shall His Majesty may au

thorize the Governor, and may be lawful for His Majesty, His Heirs and Successors, to authorize with the advice of the

the Executive Council. to

erect Parsonages, and endow them,

end ike Governor to present incumbents to

the Governor or Lieutenant Governor of each of the said Provinces respectively, or the person administering the Government therein, from time to time, with the advice of such Executive Council as shall have been appointed by His Majesty, His Heirs or Successors, within such Province, for the affairs thereof, to constitute and erect, within every Township or Parish which now is or hereafter may be formed, constituted, or erected within such Province, one or more Parsonage or Rectory, or Parsonages or Rectories, according to the establishment of the Church of England; and from time to time, by instrument under the Great Seal of such Province, to endow every such Parsonage or Rectory with so much or such a part of the lands so allotted and appropriated, as aforesaid, in respect of any lands within such Township or Parish, which shall have been granted subsequent to the commencement of this Act, or of such Iand3 as may have been allotted and appropriated for the same purpose, by or in virtue of any instruction which may be given by His Majesty, in respect of any lands granted by His Majesty before the commencement of ;his Act, as such Governor, Lieutenant Governor, or Person administering the Government, shall, with the advice of the said Executive Council, judge to be expedient under the then existing circumstances of such Township or Parish.

XXXIX. And be itfuither enacted by the authority aforesaid, That it shall tterorwho«ret"ciijoy and may be lawful for His Majesty, His Heirs or Successors, to authorize •enttln Ed'i»ndncun^ Governor, Lieutenant Governor, or Person administering the Government "of each of the said Provinces respectively, to present to every such Parsonage

or Rectory an Incumbent or Minister of the Church of England, who shall have been duly ordained according to the rights of the said Church, and to supply from time to time such vacancies as may happen therein; and that every person so presented to any such Parsonage or Rectory, shall hold and enjoy the same, and all rights, profits, and emoluments thereunto belonging or granted, as fully and amply, and in the same manner, and on the same terms and conditions, and liable to the performance of the same duties, as the Incumbent of a Parsonage or Rectory in England.

Presentationtto Par- XL. Provided always, and be it further enacted by the authority aforesaid, •onages, and tbe en- That every such presentation of an Incumbent or Minister to any such ParMOjVct'totUe'jurisdic^ sonage or Rectory, and also the enjoyment of any such Parsonage or RectiTM granted to thej3ii- tory, and of the rights, profits, and emoluments thereof, by any shch IncumLcop 0 0Ta cotm' bent or Minister, shall be subject and liable to all rights of institution, and all other spiritual and ecclesiastical jurisdiction and authority, which have been lawfully granted by His Majesty's Royal Letters Patent to the Bishop of Nova Scotia, or which may hereafter, by His Majesty's Royal authority, be lawfully granted or appointed to be administered and executed within the said Provinces, or either of them respectively, by the said Bishop of j Nova Scotia, or by any other person or persons, according to the Laws and

Canons of the Church of England, which are lawfully made and received in England.

Provision! respecting XLI. Provided always, and be it further enacted by the authority aforesaid, to few? ofnd« That the several provisions herein before contained, respecting the allotProtestam clergy, fcc. ment and appropriation of lands for the support of a Protestant Clergy within

the ihe said Provinces, and ateo respecting the constituting, erecting, and endowing Parsonages or Rectories within the said Provinces, and also respecting the presentation of Incumbents or Ministers to the same, and also respecting the manner in which such Incumbents or Ministers shall hold and enjoy the same, shall be subject to be varied or repealed by any express provisions for that purpose, contained in any Act or Acts which may be passed by the Legislative Council and Assembly of the said Provinces respectively, and assented to by His Majesty, His Heirs or Successors, under the restriction herein alter provided.

XLII. Provided nevertheless, and be it further enacted by the authority aforesaid, That whenever any Act or Acts shall be passed by the Legislative Council and Assembly of either of the said Provinces, containing any provisions to vary or repeal the above recited declaration and provision contained in the said Act passed in the fourteenth year of the Reign of His present Majesty; or to vary or repeal the above recited provision contained in His Majesty's Royal instructions, given on the third day of January, in the year of our Lord one thousand seven hundred and seventy-five, to the said Guy Carleton, Esquire, now Lord Dorchester; or to vary or repeal the provisions herein before contained for continuing the force and effect of the said declaration and provisions: or to vary or repeal any of the several provisions herein before contained respecting the allotment and appropriation of lands for the support of a Protestant Clergy within the said Provinces; or respecting the constituting, erecting, or endowing Parsonages or Rectories within the said Provinces; or respecting the presentation of Incumbents or Ministers to the same; or respecting the manner in which such Incumbents or Ministers shall hold and enjoy the same: And also that whenever any Act or Acts shall be so passed, containing any provisions which shall in any manner relate to or affect the enjoy m-.nt or exercise of any religious form or mode of worship; or shall impose or create any penalties, burthens, disabilities, or disqualifications in respect of the same; or shall in any manner relate to or affect ths payment, recovery, or enjoyment of any of the accustomed dues or rights herein before mentioned; or shall in any manner relate to the granting, imposing, or recovering any oilier dues, or stipends, or emoluments whatever, to he paid to or for the use of-any Minister, Priest, Ecclesiastic, or Teacher, according to any religious form or mode of worship, in respect of his said office or function; or shall in any manner relate to or affect the establish'ment or discipline of the Church of England, amongst the Ministers and Members thereof within the said Provinces; or shall in any manner relate to or affect the King's prerogative touching the granting of waste lands of the Crown within the said Provinces; every such Act or Acts shall, previous to any declaration or signification of the King's assent thereto, be laid before both Houses of Pailiament in Great Britain; and that it shall not be lawful for His Majesty, His Heirs or Successors, to signify his or their assent to any such Act or Acts, until thirty days after the same shall have been laid before the said Houses, or to assent to any such Act or Acts, in case either House of Parliament shall, within the said thirty days, address His Majesty, His Heirs or Successors, to withhold his or their assent from such Act or Acts; and that no such Act shall be valid or effectual to any of the said purposes, within either of the said Provinces, unless the Legislative Council and Assembly

of

may lip varied or re ptaled by the Legists live Council and Assembly.

Acts of the Legislative Council ana Assembly, containing provisions to (he effect herein mentioned to be laid before Parliament, previous to receiving His Majesty's assent, kt.

Lands in Upper Canada to be granted in free anrl common soccage, and also inLowcr Canada, if desired.

Person! holding lands in Upper Canada, may bare fresh grants.

of such Province shall, in the session in which the same shall have been

Passed by them, have presented to the Governor, Lieutenant Governor or erson administering the Government of such Province, an address or, addresses, specifying that such Act contains provisions for some of the said purposes herein before specially described, and desiring that, in order to give effect to the same, such Act should be transmitted to England without delay, lor the purpose of being laid before Parliament previous to the signification of His Majesty's assent thereto.

XLIII. And be it fw ther enacted by (lie authority aforesaid, That all lands which shall be hereafter granted within the said Province of Upper Canada, shall be granted in free and common soccage, in like manner as lands are now holden in free and common soccage, in that part of Great Britain called England; and that in every case where lands shall be hereafter granted within the said Province of Lover Canada, and where the grantee thereof shall desire the same to be granted in free and common soccage, the same shall be so granted; but subject nevertheless to such alterations, with respect to the nature and consequences of such tenure of free and common soccage, as may be established by any Law or Laws which may be made by His Majesty, His Heirs or Successors, by and with the advice and consent of the Legislative Council and Assembly of the Province.

XLIV. And be it further enacted by the authority aforesaid. That if any person or persons holding any lands in the said Province of Upper Canada, by virtue of any certificate of occupation derived under the authority of the Governor and Council of the Province of Quebec, and having power and authority to alienate the same, shall, at any time, from and after the commencement of this Act, surrender the same into the hands of His Majesty, His Heirs or Successors, by petition to the Governor, or Lieutenant Governor, or Person administering the Government of the said Province, setting forth that he, she, or they is or are desirous of holding the same in free and common soccage, such Governor, or Lieutenant Governor, or Person administering the Government, shall thereupon cause a fresh grant to be made to such person or persons of such lands, to be holden in free and common soccage.

XLV. Provided nevertheless, and be it further enacted by the authority aforesaid, That such surrender and grant shall not avoid or bar any right or title to any such lands so surrendered, or any interest in the same, to which any | person or persons, other than the person or persons surrendering the same, shall have been entitled, either in possession, remainder, or reversion, or otherwise, at the time of such surrender; but that every such surrender | and grant shall be made subject to every such right, title, and interest, and

I that every such right, title, or interest, shall be as*valid and effectual as if

such surrender and grant had never been made.

is Ceo. sd, c 22, rc- XLVI. And whereas, by an Act passed in the eighteenth year of the cItei Reign of His present Majesty, intituled, "An Act for removing all doubts

and apprebei.sions concerning taxation by the Parliament of Great Britain!

Sueli fresh grants not to bar any right or title to the landi.

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