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An Act to provide for the Sale of the Clergy Reserves in the Province of Canada^ and for the Distribution of the Proceeds thereof. f 1th August, 1840. ] WHEREAS it is expedient to provide for the final Disposition of the lands called Clergy Reserves in Canada, and for the Appropriation of the yearly Income arising or to arise therefrom, for the maintenance of Religion and the Advancement of Christian Knowledge within the said Province ; Be it enacted by the Queen's Most Excellent Ma- jesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Au- cierj^ Reserves may thority of the same, That after the passing of this ^* "**"*• Act it shall be lawful for the Governor of the Pro- vince of Canada, by and with the Advice of his Executive Council, and under such Regulations as may be by him from Time to Time in Council established in that Behalf, and approved by the Q,ueen in Council, to sell, grant, alienate, and convey in Fee Simple all or any of the said Clergy Reserves : Provided nevertheless, that the Quantity of the said Proviso. Clergy Reserves so to be sold as aforesaid in any One year, shall not in the whole exceed One hun- dred thousand Acres, without the previous Appro- § bation in Writing of One of Her Majesty's Principal Secretaries of State. , II. And be it enacted. That the Proceeds of all investment of Pro- past Sales of such Reserves which have been or shall T&fitl it"' be invested under the authority of an Act passed in . the Eighth year of tlie Reign of King George the % 2 Fourth, intituled, An Act to authorize th£ Sale of Part of the Clergy Reserves in the Provinces of Up- per and Lqwer Canada, shall be subject to such Orders as the Grovernor in Council shall make for investing, either in some Public Funds in the Pro- vi jce of Canada, secured on the Consolidated Fund of the said Province, or in the Public Funds of Crreat Britain and Ireland, the Amount now funded in England^ together with the Proceeds hereafter to be received from the Sales of all or any of the said Reserves, or any part thereof: Provided always, that the necessary Expenses of such Sales shall be borne and defrayed out of the first monies received therefVom. PfCNntPaynMntsto m. And be it enacted. That the Interest and Religious Bodies out-^. ., , . it a x /• xU ofCrown Revenues to Dividends accruing Upon such Investments of the ^^^'oJj'^'**^*"* Proceeds of all Clergy Reserves sold or to be sold, and also the Interest to accrue upon Sales on Credit of Clergy Reserves, and all Rents arising from Clergy Reserves that have been or may be demised for any Term of Years, shall be paid to the Receiver General of the Province of Canada, or such other Person as shall be appointed to receive the Public Revenues of the said Province, and shall together form an annual Fund for the purposes hereinafter mentioned, and shall be paid by him from Time to Time in discharge of any Warrant or Warrants which shall from Time to Time be issued by the Grovernor, in pursuance of the provisions of this Act ; (that is to say), in the first place, to satisfy all such annual Stipends and Allowances as have been heretofore assigned and given to the Clergy of the Churches of England and Scotland, or to any other Religious • Bodies or Denominations of Christians in Canada, and to which the Faith of the Crown is pledged, ^ during the natural Lives or Incumbencies of the Pro*"* Parties now receiving the same : Provided always, that until the annual Fund so to be created and deposited within the Receiver General shall suffice 9 to meet the above-mentioned Stipends and Allow- i ances, the same, or so much thereof as the said Fund may be insufficient to meet, shall be defrayed out of the Casual and Territorial Revenue of the Crown in > the Province of Canada, IV. And be it enacted, That as soon as the said Provuion for the Fund shall exceed the amount of the several Stipends SS'^'Said.^"'''^ and Allowances aforesaid, and subject always to the prior Satisfaction and Payment of the same, the said annual Fund shall be appropriated as follows, (that is to say), the net Interest and Dividends ac- cruing upon the Investments of the Proceeds of all Sales of such Reserves sold or to be sold under the Authority of the before-recited Act of the Eighth Year of the Reign of King George the Fourth, shall be divided into Three equal Parts, of which Two shall be appropriated to the Church of England and One to the Church of Scotland in Canada; ; ';:.h and the net Interest and dividends accruing upon the Investments of the Proceeds of all Sales of such Reserves sold under the Authority of this Act shall be divided into Six equal Parts, of which Two shall be appropriated to the Church of England and One to the Church of Scotland in Canada: Provided always, that the Amount of the before- mentioned Stipends and Allowances which shall be paid to and received by any Clergyman of either of the said Churches of England or Scotland shall be taken, as far as the same will go, as a Part of the Share accruing to each Church respectively by virtue of this Act; (that is to say,) the Stipends and Allow- ances to any Clergyman of the Church of England as Part of the Share accruing to the Church of England, aiud the- Stipends and Allowances to any Clergyman of the Church of Scotland as Part of the • Share accruing to the said Church of Scotland, so that neither of the said Churches shall receive any * further or other Sum beyond such respective Stipends and Allowances until the Proportion of the said an- nual Fund allotted to them respectively in manner ^ ft Application of the Funas lo allotted. How allotted Funds are to be paid. Appliaation of the Residue of Fund. Guarantee of the Sums of £7,700 to Church of EngKuid, and £1,580 to the Church of Scotland. aforesaid shall exceed the annual Amount of such Stipends and Allowances. V. And be it enacted, That the Share allotted and appropriated to each of the said Churches shall be expended for the Support and Maintenance of Public Worship and the Propagation of Religious Knowledge, the Share of the said Church ot England being so expended under the Authority of the " So- ciety for the Propagation of the Gospel in Foreign Parts ;" and the Share of the said Church of Scotland under the authority of a Board of Nine Commission- ers, to be elected by the Synod or Synods of the Presbyterian Church of Canada in connexion with the Church of Scotland, under such Regulations as shall be from Time to Time established by the Governor of Canada, with the advice of his Execu- tive Council. VI. And be it enacted. That the Share of each of the said Churches shall be paid by the Receiver General or other person appointed as aforesaid in discharge of any Warrant or Warrants which shall from Time to Time be issued by the Governor of the said Province in favour of the Treasurer or other Officer who shall be respectively appointed to receive the same by the said Society on behalf of the said Church of England, and by the said Commissioners on behalf of the said Church of Scotland. VII. And be it enacted, That, subject to the fore- going Provisions, the Residue of the said annual Fund shall be applied by the Governor of Canada, with the Advice of the Executive Council, for purposes of Public Worship and Religious Instruction in Canada. VIII. And be it enacted. That the Receiver Ge- neral or other Person appointed as aforesaid to receive the Interest and Dividends accruing from the Investment of the Proceeds of all Clergy Reserves sold or to be sold shall, on or before the Fifteenth day of January in every Year, deliver to the Gover- nor a Certificate in Writing under his Hand of the net amount which in that Year will be applicable to 5 mission- the several Churches of England and Scotland out of the said Fund under the Provisions of this Act ; and whenever the Sum mentioned in any such Certi- ficate to be applicable to the Church of England in Upper Canada shall be less than Seven thousand seven hundred Pounds, or the Sum mentioned in the Certificate to be applicable to the Church of Scotland in Upper Canada shall be less than One thousand five hundred and eighty Pounds, the Deficiency in each case shall be made good out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland^ and shall be charged thereupon at the Quarter Day next ensuing the Receipt of such Cer- tificate at the Treasury ; and the Lord High Trea- surer, or Three or more Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland, shall be authorized by their Warrant to direct the Issue of the Sums needed to supply such Deficiency in the following Manner, (that is to say,) such Sum as shall be needed to supply the Deficiency of the said Sum of Seven thousand seven hundred Pounds to such Person or Persons as shall be appointed to receive the same by the Society for the Propagation of the Gospel in Foreign Parts, and such Sum shall be needed to supply the Deficiency of the said Sum of One thousand five hundred and eighty Pounds to such Person or Persons as shall be appointed tr receive the same by any Writing under the Hands o^' any Three or more of the Commissioners under whose authority the Share of the Church of Scotland is to be expended as aforesaid ; and all Sums so paid out of the Consolidated Fund shall be severally applied, under the Authority of the said Society and of the . last-mentioned Commissioners respectively, for the Support and Maintenance of Public Worship and the Propagation of Religious Knowledge in each of the said Churches in Canada. IX. And be it enacted, That Accounts of the Accounts of Enen- Expenditure of every Sum of Money so to beS*S;,lJ^,^ii. • cil. received out of the said annual Fund, or out of the Coniolidated Fund of the United Kingdom of Great Britain and Ireland^ by the said Churches of England and Scotland^ or by any other Religious Body or Denomination of Christians respectively, under the authority of this Act, shall be, on or before the Twentieth Day of July in each Year, rendered to the Governor of the said Province in Council ; and that until such Accounts shall have been ren- dered, and the due and proper Expenditure' of the Sum granted during any preceding Year shall have been established to the Satisfaction of the Governor of the said Province in Council, no other or further Sum or Proportion of the said annual Fund shall be paid or allowed to any or either of the Churches, Religious Bodies, or Denominations of Christians failing, neglecting or refusing to render such Aecount, or to verify the same as aforesaid ; and that Copies of such Accounts shall annually be laid before the Legislature of the said Province. Sammu7 Remedf for X. And be it enacted, That whenever there shall ^ appear to the Governor of the said Province in Council sufficient Reason to apprehend that there has been any Misappropriation or Non-appropriation of any Sum or Sums of money paid to any of the said Churches, Religious Bodies, or Denominations of Christians, out of the said annual Fund, or any Neglect or Abuse in the Expenditure or Management of any such Sum or Sums, upon Direction for that Purpose given by the Governor, it shall be lawful for the Attorney General to apply summarily, either by Petition or Information, to or in the Court of Chancery in Upper Canada^ or to any One of the Superior Courts of Record in Lower Canada, setting forth the Nature of the Abuse apprehended, and praying Discovery, and Relief in the Premises, as the Nature of the Case may require. XI. And be it enacted, That from and after the passing of this Act, so much of an Act passed in the Thirty-first year of the Reign of King George the MiuppUcation ol Muniei. Repeal of put of 31 epeal i .3, c« 31, N Third, intituled, An Act to repeal certain Parts of an Act passed in the Fourteenth Year of His Majesty's Reign, intituled, * An Act for making more effectual * Proirision for the Government of the Province of * Quebec in North America, and to make further ' Provision far the Government of the Province* as relates to any Reservations of Land hereafter to be ^ tiade in Upper Canada or Lower Canada for the Support and Maintenance of a Protestant Clergy, diall be repealed. XII. And be it enacted, That in this Act the Meaning of Teran Words «' Province of Canada" shall be taken to llfa^^J^'emS!^*" mean the Province of Canada as constituted under an Act passed in this Session of Parliament, intituled, »^n Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada ; and the Word *' Governor" shall be taken to mean and include the Governor, Lieutenant-Governor, or Per- son administering the Government of the Province of Canada, XIII. And be it enacted. That this Act may be Act may be amended, amended or repealed by any Act to be passed in this **• Session of Parliament. Montreal : Printed by S. DERBISHIRB & G. DESBARATS, Law Printer to the Queen's Most Excellent Majesty.