SESSIONAL PAPER No. 18 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 Instructions, given under His Majesty's Royal Sign Instructions of Manual on the Third Day of January, in the Year of our Lord One thousand Jan. 3, 1775, to Sir Guy seven hundred and seventy-five, to Guy Carleton Esquire, now Lord DorCarleton, chester, at that Time His Majesty's Captain General and Governor in Chief &c. and in and over His Majesty's Province of Quebec, His Majesty was pleased, amongst other Things, to direct, "That no Incumbent professing the Religion of the Church of Rome, appointed to any Parish in the said Province, should be 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 like Uses :" And whereas His Majesty's Pleasure has Instructions likewise been signified to the same Effect in His Majesty's Royal Instructions, given in like Manner to Sir Frederick Haldimand Knight of the Most Honourable Order of the Bath, late His Majesty's Captain General and Governor in Chief in and over His Majesty's said Province of Quebec ;3 and also in His Majesty's Royal Instructions, given in like Manner to the said Right Honourable Guy Lord Dorchester, now His Majesty's Captain General and Governor in Chief in and over His Majesty's said Province of Quebec be it enacted by the Authority aforesaid, That the said Declaraand Provisions tion and Provision contained in the said above-mentioned Act, and also the therein said Provision so made by His Majesty in consequence thereof, by His Inrespecting the structions above recited, shall remain and continue to be of full Force and Clergy of the Church of Effect in each of the said Two Provinces of Upper Canada and Lower Canada Rome to respectively, except in so far as the said Declaration or Provisions respeccontinue in tively, or any Part thereof, shall be expressly varied or repealed by force. 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-after provided. to Sir Frederick Haldimand, and to Lord Dorchester, recited ; and the Declaration His Majesty's 66 XXXVI. And whereas His Majesty has been graciously pleased, by Message to both Houses of Parliament," to express His Royal Desire to be enabled to make a permanent Appropriation of Lands in the said Provinces, 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 said Message, further to signify His Royal Desire that such Provision may be made, with respect to all future Grants of Land within the said Provinces respectively, as may best conduce to the due and sufficient Sup 1 See Quebec Act, p. 403. 2 See Instructions to Governor Carleton, 1775, art. 21, sec. 5, p. 426. 3 Haldimand received in 1778 the same Instructions as those given to Carleton in 1775. See p. 474. 4 See Instructions to Lord Dorchester, 1786, art. 21, sec. 5, p. 557. 5 See the King's message to Parliament respecting Quebec; Feb. 25, 1791. Hansard, vol. 28, p. 1271. The second part of the message relates to the establishing of the Clergy Reserves. Allotinents of Lands for 6-7 EDWARD VII., A. 1907 port and Maintenance of 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 fulfilling His Majesty's gracious Intentions as aforesaid, and of providing for the due His Majesty Execution of the same in all Time to come, be it enacted by the Authority may authorize the Governor aforesaid, That it shall and may be lawful for His Majesty, His Heirs or to make Successors, to authorize the Governor or Lieutenant Governor of each of the said Provinces respectively, or the Person administering the Govern the Support of ment therein, to make, from and out of the Lands of the Crown within such a Protestant Provinces, such Allotment and Appropriation of Lands, for the Support Clergy in each and Maintenance of a Protestant Clergy within the same, as may bear a Province: due Proportion to the Amount of such Lands within the same as have at any Time been granted by or under the Authority of His 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 abovementioned Purpose, within the Township or Parish to which such Lands so to be granted shall appertain or be annexed, or as nearly adjacent thereto as Circumstances 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 allotted 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 Rents arising all and every the Rents, Profits or Emoluments, which may at any Time Allotments to arise from such Lands so allotted and appropriated as aforesaid, shall be be applicable applicable 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. and the from such to that Purpose solely. His Majesty may authorize. the Governor, with the Advice of the Executive Council, to erect Parsonages, and endow them; XXXVIII. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for His Majesty, His Heirs or Successors, to authorize 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 Succes ors, 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 an Instrument under the Great Seal of such Province, to endow every such Parsonage or Rectory with so much or such 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 Lands 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 this 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. SESSIONAL PAPER No. 18 and the Gover Incumbents to same, as Incumbents in England. XXXIX. And be it further enacted by the Authority aforesaid, That it nor to present shall and may be lawful for His Majesty, His Heirs or Successors, to them, who are authorize the Governor, Lieutenant Governor, or Person administering the to enjoy 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 Rites 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. Presentations and the En them, to be XL. Provided always, and be it further enacted by the Authority aforeto Parsonages, said, That every such Presentation of an Incumbent or Minister to any such joyment of Parsonage or Rectory, and also the Enjoyment of any such Parsonage or Rectory, and of the Rights, Profits, and Emoluments thereof, by any such subject to the Incumbent or Minister, shall be subject and liable to all Rights of Institugranted to the tion, and all other Spiritual and Ecclesiastical Jurisdiction and Authority, Bishop of which have been lawfully granted by His Majesty's Royal Letters Patent Nova Scotia, to the Bishop of Nova Scotia,' or which may hereafter, by His Majesty's Jurisdiction dc. Provisions re- Lands for the 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 Nova Scotia, or any other Person or Persons, according to the Laws and Canons of the Church of England, which are lawfully made and received in England. XLI. Provided always, and be it further enacted by the Authority aforesaid, That the several Provisions herein-before contained, respecting the Allotment and Appropriation of Lands for the Support of a Protestant Clergy within the said Provinces, and also respecting the constituting, erecting, and endowing Parsonages and Rectories within the said Promay be varied vinces, and also respecting the Presentation of Incumbents or Ministers to or repealed by the same, and also respecting the Manner in which such Incumbents or the Legisla Clergy, de. tive Council and Assembly. Acts of the Legislative Council and Assembly, containing Provisions to the Effect herein mentioned to be laid before Parliament, previous to receiving His 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-after 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 Majesty's As 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 sent, dr. 1 See Instructions to Lord Dorchester of Aug. 25th, 1787, giving the Bishop of Nova Scotia ecclesiastical jurisdiction throughout British North America. P 568. 18-3-45 3333 AG4 Allotments of Lands for 6-7 EDWAR port and Maintenance of Protestant Clergy within the in Proportion to such Increase as may happen in the Popu vation thereof: Therefore, for the Purpose of more ef His Majesty's gracious Intentions as aforesaid, and of pr His Majesty Execution of the same in all Time to come, be it enacte may authorize the Governor aforesaid, That it shall and may be lawful for His M. to make Successors, to authorize the Governor or Lieutenan the said Provinces respectively, or the Person adu the Support of ment therein, to make, from and out of the Lands o a Protestant Provinces, such Allotment and Appropriation of Clergy in each Province: and Maintenance of a Protestant Clergy within due Proportion to the Amount of such Lands any Time been granted by or under the Aut that whenever any Grant of Lands within ei hereafter be made, by or under the Autho or Successors, there shall at the same Tin a proportionable Allotment and Approp mentioned Purpose, within the Townsh to be granted shall appertain or be a as Circumstances will admit; and. effectual unless the same shall e allotted and appropriated, in resp and that such Lands, so allotte the Circumstances and Nature as the Lands in respect of wh and shall be, as nearly as the such Grant, equal in Value and the from such XXXVII. And be it Rents arising all and every the Ren Allotments to arise from such Land be applicable applicable solely to : to that His Majesty Council, to erect Parsonages, and endow them; within the Province XXXVIII. A it shall and r from Time have been or er Pars Eve of Duties Lovcage, such Governor or Lieutenant Governor, Government, shall thereupon cause a fresh erson or Persons of such Lands, to be holden in theless, and be it further enacted by the Auch Surrender and Grant shall not avoid or bar such Lands so surrendered, or any Interest in Person or Persons, other than the Person or Perme, shall have been entitled, either in Possession, ion, or otherwise, at the Time of such Surrender; but nder and Grant shall be made subject to every such Interest, and that every such Right, Title, or Interest effectual as if such Surrender and Grant had never whereas by an Act passed in the Eighteenth Year of Es present Majesty, intituled, An Act for removing all prehensions concerning Taxation by the Parliament of any of the Colonies, Provinces, and Plantations in North the West Indies; and for repealing so much of an Act, made Year of the Reign of His present Majesty, as imposes a ported from Great Britain into any Colony or Plantation in Hates thereto it has been declared, "That the King and Parreat Britain will not impose any Duty, Tax, or Assessment vable in any of His Majesty's Colonies, Provinces, and Planworth America or the West Indies, except only such Duties as expedient to impose for the Regulation of Commerce, the Net : such Duties to be always paid and applied to and for the Use ony, Province, or Plantation in which the same shall be respected, in such Manner as other Duties collected by the Authority >pective General Courts or General Assemblies of such Colonies, es, or Plantations, are ordinarily paid and applied:" And whereas ssary, for the general Benefit of the British Empire, that such of Regulation of Commerce should continue to be exercised by His v, His Heirs or Successors, and the Parliament of Great Britain, : nevertheless to the Condition herein-before recited, with respect to Application of any Duties which may be imposed for that Purpose: Be refore enacted by the Authority aforesaid, That nothing in this Act ained shall extend, or be construed to extend, to prevent or affect the ecution of any Law which hath been or shall at any Time be made by is Majesty, His Heirs or Successors, and the Parliament of Great Britain, or establishing Regulations of Prohibitions, or for imposing, levying, or collecting Duties for the Regulation of Navigation, or for the Regulation of the Commerce to be carried on between the said Two Provinces, or between either of the said Provinces and any other Part of His Majesty's Dominions, or between either of the said Provinces and any Foreign Country or State, or for appointing and directing the Payment of Drawbacks of such Duties so imposed, or to give to His Majesty, His Heirs or Successors, any Power or Authority, by and with the Advice and Consent of such Legislative Councils and Assemblies respectively, to vary or repeal any such Law or Laws, or any Part thereof, or in any Manner to prevent or obstruct the Execution thereof. XLVII. Provided always, and be it enacted by the Authority aforeapplied said, That the Net Produce of all Duties which shall be so imposed shall at e Use of respective all Times hereafter be applied to and for the Use of each of the said Provinces respectively, and in such Manner only as shall be directed by any 1 See Statutes at Large, vol. 32, p. 4. ovinces. 18-3-45 |