Days after the filing of such Information, insert in the Quebec Parties interested may traverse In Limitation of Judgment final. · XII. And Whereas divers Persons within the said Province of • Lower Canada hold or claim by Occupancy, Lawful Prescription or Transfer, or by doubtful Titles, divers of the Lands which, in pursuance of the Act of Parliament made in the Thirty first Year of the Reign of His said late Majesty King George the Third, have been appropriated within the said Province of Lower Canada for the Maintenance of a Protestant Clergy: And • Whereas divers Parts of the Lands so appropriated as aforesaid for the Support of a Protestant Clergy, are from time to time required as the Site of Public Buildings and other Works 'carried on at the public Expence within the said Province: • And Whereas divers Parts of such appropriated Lands as aforesaid, which have not been brought into Cultivation by or for the • Benefit of the Protestant Clergy within the said Province, are 'sometimes required to enable his Majesty to complete the 'Settlement of other Waste Lands in the immediate Vicinity thereof, but by reason of the said Land being so appropriated as aforesaid, it is impossible, except by the Consent of Parliament, to quiet the Possession of such Persons so claiming the same by such Titles as aforesaid, or to obtain a Surrender and 'Conveyance, or to effect an Exchange of such Parts thereof as may be so required as aforesaid for the public Service, or for the Completion of any such Settlements as aforesaid;' Be it therefore enacted, That whenever and so often as it shall appear Certain Parts to the Governor, Lieutenant Governor or other Person ad- of the Clergy ministering the Government of the said Province, that the Sur- Reserves in the render said Province may be sur rendered, exchanged and regranted by the Crown for certain public Uses and other Purposes. 4 G. 4. c. 70. $39. render and Cession of any Part of the Lands so appropriated as aforesaid for the Benefit of a Protestant Clergy in the said Province, is necessary for quieting the Titles of any of His Majesty's Subjects to Lands held or claimed by them by Occupancy, lawful Prescription, Transfer, or by doubtful Titles as aforesaid, or is necessary or would be convenient for the carrying on of any Public Buildings or Works, or for the more effectual Settlement of any District or Tract of Land within the said Province, or otherwise, for His Majesty's Service, or for the Benefit of the said Province, or of His Majesty's Subjects therein resident, then, and in any or either of the Cases aforesaid, it shall and may be lawful for the Bishop of Quebec for the Time being, on Behalf of the said Protestant Clergy, in Compliance with any Requisition in Writing to him for that Purpose made by such Governor, Lieutenant Governor or other Person administering the Government of the said Province, and he is hereby required, by a Deed under his Hand and Seal, duly attested by Two or more credible Witnesses, to surrender, yield up, and convey to His Majesty, His Heirs and Successors, the Lands comprized and described in any such Requisition as aforesaid, in Exchange for other Lands situate in the said Province, of equal Extent and Value, to be by His Majesty appropriated and set apart for the Support and Maintenance of Protestant Clergy therein; and which Deed, so executed by the said Bishop of Quebec for the Time being, shall be valid and effectual in Law, to vest in His Majesty, His Heirs and Successors, all the Lands therein included and comprised; and such Lands shall and may, by His Majesty, His Heirs and Successors, be regranted and reconveyed to any other Person or Persons, for quieting their Possession and Titles, or otherwise, as may from time to time be expedient or necessary, without any further Appropriation of Land being thereupon made for the Benefit of a Protestant Clergy. CA P. LX. An Act to amend an Act of the Fourth Year of His present WHEREAS by an Act passed in the Fourth Year of the Reign of His present Majesty, intituled An Act for the ' better Administration of Justice in the Equity Side of the Court of Exchequer in Ireland, it is amongst other things enacted, that from and after the Commencement of that Act there should be Two Chief Examiners at the Equity Side of the said Court, who should perform the several Duties mentioned and specified for them in the Tables in that Behalf to the said Act annexed; and that the said Two Examiners should be appointed by the Chief Baron of the said Court, by Deed to be by him duly • executed and enrolled in the said Court: And Whereas Two • Examiners have been accordingly duly appointed by the Chief Baron, from among the Four former Examiners of the said Court: And Whereas the said Two Examiners so appointed have since the First Day of August One thousand eight hundred ‹ and < and twenty three duly performed all the Duties of their Office; but it has been found that the Total Amount of Fees received by them, under and according to the Provisions of the said Act, and the Tables in that Behalf thereto annexed, has been an inadequate Remuneration to such Examiners for devoting their whole Time to the Execution of the Duties of their said Office: 'And Whereas it is expedient that further Regulations should be made with respect to such Office, and that an adequate Pro'vision should be made for such Two Examiners, as hereinafter provided;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Office of Examiners to Chief Examiners at the Equity Side of the said Court shall be hold Office held by the Persons who have been appointed thereto, and by during good such Persons as shall hereafter be appointed to the said Office, removable by during their good Behaviour therein: Provided always, that it Court on Comshall and may be lawful to and for the said Court of Exchequer, plaint, &c. upon Complaint duly made, and after full Inquiry into the alleged Grounds thereof, by Affidavit or otherwise, as the said Court shall think fit, to remove the said Examiners, or either of them, or any future Examiner from his Office, for any Offence or Misconduct therein which such Court shall deem deserving of such Punishment; and thereupon such Officer shall cease to hold or be entitled to such Office. Behaviour, but Examiners to receive out of Consolidated Fund sufficient to make up (with Fees) 8004. a Year, II. And be it further enacted, That from and after the passing of this Act there shall be issued, paid and payable, out of, and charged and chargeable upon the Consolidated Fund of the United Kingdom of Great Britain and Ireland, after paying and reserving sufficient to pay all such Sum and Sums of Money as have been directed by any former Act or Acts of Parliament to be paid out of the same, to each of the said Two Chief Examiners at the Equity Side of the Court of Exchequer in Ireland, such Sum and Sums of Money as, together with the Fees received and paid, and to be henceforth received and paid to each of them, under the Provisions of the said recited Act, after deducting out of such Fees the Monies paid by the said Examiners respectively to Copying Clerks, and for other necessary official Expences, shall be sufficient to make the yearly Salary and Emoluments of each of the said Two Examiners amount to the Sum of Eight hundred Pounds, clear of all Deductions whatsoever, commencing from the First Day of August One thousand eight hundred and twenty payable three, and shall be paid and payable in Manner hereinafter quarterly. mentioned. count of Fees received, III. And be it further enacted, That the Two Chief Examiners Examiners to at the Equity Side of the said Court of Exchequer shall, within deliver to the One Calendar Month next after the passing of this Act, deliver Court of Exand transmit to the Barons of the said Court of Exchequer One chequer Acor more Account or Accounts, signed with their Names and in their proper Handwriting respectively, wherein they shall, either jointly or severally, as they shall think proper, state all and every Sums and Sum of Money received by them respectively, or by any Clerk or Clerks or other Person or Persons for their Use, or by or under their Authority, or with their Privity or Permission respectively, and of Monies Expences, respectively, or for which they or any Person or Persons on their Behalf respectively shall have given Credit, for or on account or by reason of the Fees or pecuniary Profits of, or by or under colour of the said Offices of Chief Examiners at the Equity side of the said Court of Exchequer, and of the Sums from time to time paid for Official paid by them respectively thereout to Copying Clerks, and for other Official Expences, from and after the First Day of August One thousand eight hundred and twenty three, up to the Fifth Day of April One thousand eight hundred and twenty five; and that within Fourteen days after the Fifth Day of July One thousand eight hundred and twenty five, and in like Manner within Fourteen Days next after the Tenth Day of October, the Fifth Day of January, the Fifth Day of April, and the Fifth Day of July in each and every Year, such Two Chief Examiners, from time to time for the Time being, shall deliver and transmit to the Barons of the said Court of Exchequer a like Account of all and every Sum and Sums of Money so received in the Quarter of a Year ending on the said Days respectively; and the Barons of the said Court, or any Two of them, shall examine the said Accounts respectively; and such Barons, or any Two of them, shall certify such Amount to the Vice Treasurer of Ireland for the Time being, in such Form as to the said Barons shall seem fit and proper, upon the Examination on the Oaths of each of such Two Chief Examiners of the said Court, and of such Clerk or Clerks or other Persons as shall be produced before the said Barons or any Two of them, by the said Officers or either of them, or as the said Barons shall think fit to examine touching the same; and which Oaths such Barons or any Two of them are hereby authorized and empowered and required to administer. and of Monies received. Accounts examined and certified to Vice Treasurer, by Barons of Exchequer. Sums requisite to make up Deficiency of 8001. a Year, from Aug.1, 1823, to April 5, 1825, and 2004. quarterly after wards, to be issued accordingly. IV. And be it further enacted, That in whatever Sum the whole Amount which shall have been received by or payable to the said Two Chief Examiners, in respect of their said Offices, between the said First Day of August One thousand eight hundred and twenty three, and the said Fifth Day of April One thousand eight hundred and twenty five, (after deducting thereout the Sums paid to Copying Clerks, and other necessary Official Expences, as aforesaid), shall be less than what will make the annual Salary or pecuniary Profits of each of the said Two Chief Examiners amount to a Sum at the Rate of Eight hundred Pounds a Year to each of such Examiners, the same shall be the Sums to be issued and paid to them respectively, out of the said Consolidated Fund, for the Period between the said First Day of August One thousand eight hundred and twenty three, and the said Fifth Day of April One thousand eight hundred and twenty five: and that from and after the said Fifth Day of July One thousand eight hundred and twenty five, in whatever Sum the whole Amount which shall have been received or shall have been payable to each of the said Two Chief Examiners, in respect of their said Offices, within the Quarter of a Year ending on the said Filth Day of July One thousand eight hundred and twenty five, or within any subsequent Quarter of a Year comprised in any such Account (after deducting thereout the Sums paid for Official Expences, as aforesaid), shall be less than the clear Sum of Two hundred Pounds for each of the said Two Chief Examiners, the same same shall be the Sums to be issued for the Quarter for which such Account shall be delivered, and shall be computed and ascertained so as to make up the whole of the Salary and pecuniary Profits of each of the said Two Chief Examiners to the Quarterly Sum of Two hundred Pounds; and every such Certificate of the said Barons shall be produced to and entered at the Office of the Vice Treasurer of Ireland; and the Sums payable under or by virtue of such Certificate shall be issued and paid out of the said Consolidated Fund, as if the Sums so to be ascertained had been specifically mentioned and set forth in this Act. V. Provided always, and be it enacted, That whenever and so often as it shall appear, by any Account to be delivered by any Chief Examiner at the Equity Side of the said Court of Ex chequer, in pursuance of this Act, and by the Certificate of the Barons of the said Exchequer, or any Two of them, to be made in pursuance of this Act, that the Sums received by or payable to any such Chief Examiner, in any Quarter of a Year ending on such Days as aforesaid, (after deducting thereout the Sums paid to Copying Clerks, and other necessary Official Expences as aforesaid,) shall exceed the clear Sum of Two hundred Pounds, the Examiners who shall deliver in such Account as aforesaid shall, within Seven Days next after the Date of such Certificate, pay or cause to be paid into the Receipt of the Exchequer in Ireland the Amount of all such Sum and Sums of Money as shall have been so received by or payable to him, exceeding such Sum of Two hundred Pounds, and which Sums so to be paid shall be carried to and made Part of the said Consolidated Fund. Certificate of Barons to be produced and entered. Any Excess above 2001. quarterly to be paid by Examiners into Exchequer, and carried to Con solidated Fund. out of Consolidated Fund to each Examiner for One Assistant Clerk. VI. And be it further enacted, That each of the Two Chief 100%. a Year Examiners of the said Court shall employ One Chief or Assistant Clerk to superintend the preparing of all Office Copies, and otherwise to aid in the Discharge of the Duties of their said Office; which Clerks so to be employed, before they shall act as such, shall take and subscribe the Oath in that Behalf directed by the said recited Act of the Fourth Year of His Majesty's Reign; and that from and after the Fifth Day of July One thousand eight hundred and twenty five there shall be issued and paid out of the said Consolidated Fund, by such Quarterly Payments as aforesaid, to each of such Examiners, the further annual Sum of One hundred Pounds, as and for the Salary and Remuneration of each such Chief or Assistant Clerk, who shall be so employed as aforesaid, clear of all Deductions. 6 VII. And Whereas no Power is given by the said recited Act of the Fourth Year of His present Majesty's Reign, to the Examiners at the Equity Side of the said Court of Exchequer, to administer an Oath to any Witness or Witnesses who shall be produced to be examined before them; and it is meet and expedient that such Examiners should be authorized to swear the different Witnesses who may be examined before them, and 'to administer the necessary Oaths and Affirmations for that Purpose Be it therefore enacted, That from and after the Examiners empassing of this Act, it shall and may be lawful to and for any and every Chief Examiner at the Equity Side of the said Court of Exchequer for the Time being, and he and they is and are hereby powered to administer Oaths to Witnesses. |