%. ^. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I I^I^S |2.5 1^ lis lillM iiiiim 1.25 1.4 1.6 4 6" ► V] <^ ^*'J>' % '/ /A Photografiric Sdences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 4^ N55 \ .V \\ 1 ^ ^ '^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technlcal and Bibliographic Notes/Notes techniques ^ bibllographiques The Institute has attsmptsd to obtain tha bast original copy available for filming. Features of this copy which may be bibiiographicaiiy unique, which may alter any of the images In the reproduction, or which may significantly change the usual method of filming, are checked below. L'instltut a microfilm* le meilleur exempiaire qu'il lui a At* possible de se procurer. 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The following diagrams illustrate the method: L'exemplaire ffilmA ffut reprodult grAce k la g4n6rosit4 de: La bibliothdque des Archives pubiiques du Canada Las images suivantes ont tt6 reproduites avec le plus grand soin, compt^ tenu de la condition at de la netteti de l'exemplaire film«, et en conformity avec las conditions du contrat de filmage. Les exemplaires originaux dont la couverture en papier est ImprimAe sent fiimAs en commen^ant par le premier plat et en terminant soit par la dernlAre pege qui comporte une empreinte d'impression ou d'iilustration, soit par le second plat, salon le cas. Tous les autres exemplairee origlneux sont fiimte en commenpant par la premiere page qui comporte une empreinte d'impression ou d'iilustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaftra sur la dernlAre Image de cheque microfiche, selon le cas: le symbols —► signifie "A SUIVRE", le symbols y signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Atre fiimis d des taux de reduction diffirents. Lorsque le document est trop grand pour Atre reprodult en un seul clichi, II est film« A partir de I'engle supArieur gauche, de gauche A droite, et de haut en bas, 6n prenant (e nombre d'imeges nicesesire. Les diagrammes suivants illustrent la mithode. f erreta d to It le pelure, pon A n 12 3 32X 1 2 3 4 5 6 ^ AN ACT TO PROVIDE FOR THE SALE OF THE CLERGY RESERVES IN Tt£E PROVINCE OF CANADA, AMD I FOR THE DISTRIBUTION OF THE PROCEEDS THEREOF; AND AN ACT TO MAKE PROVISION FOR THE MANAGEMENT or Tar TEMPORALITIES OP TIU finite^ €l)ttrclj of d^ngtanlr anb Inianlr, IN THIS PROVINCE, AND FOR OTHER PURPOSES THEBEIN MENTIONED, &C. &c &c. TORONTO: i\. ^ W. B0W8BLL, DIOCESAN PRESS. f»t 1842. S/ r;^'' 'Mm-'ji .r->n -3|S.Sv ^ AN ACT y I ^ TO PROVIDE FOR THE SALE OF THE CLERGY RESERVES IN THE PROVINCE OF CANADA, AND FOR THE DISTRIBUTION OF THE PROCEEDS THEREOF; AND AN ACT TO MAKE PROVISION FOR THE MANAGEMENT OF THE TEMPORALITIES OF THE Umitb Cl)tircf) of Cnglanlr anlr Ireland, IN THIS PROVINCE, AND FOR OTHER PURPOSES THEREIN MENTIONED, &C. &C. &C. TORONTO: H. & W. ROWSELL. DIOCESAN PRESS. 1842. ANNO TERTIO & QUARTO VICTORIiE REGINiE. CAP. LXXVIII. AN ACT to provide for the Sale of the Clergy Reserves in the Province of Canada^ and for the Distribution of the Proceeds thereof. [7th August, 1840.] Whereas it is expedient to pro\ide for the final dispo- sition of the Lands called Clergy Reserves, in Cam'da, * 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 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 after the passing of this Act it shall be ^Y^^,^*'"®'"''^' ""^ lawful for the Governor of the Province of Canada, by and with the Advice of his Executive Council, and under such Regulations as may be by hun from time to time in Council established in that behalf, and approved by the Queen in Council, to scU, grant, alienate, and convey in Fee Simple all or any of the said Clergy Reserves : Pro- Proviso, vided nevertheless, that the quantity of the said Clergy Reserves so to be sold as aforesaid in any one year, shall not in the whole exceed One Hundred Thousand Acres, without the previous approbation in writing of one of Her Majesty's Principal Secretaries of State. Investmrnt of Pro- cocUk of Siili's under 7 JJ- 8 G. J, 0. «2, Present payments to Religious B(Hiies out of Crown Revenues to l>e the first charge on the Fund. Proviso. IT. And he it enacted, That the proceeds of all past Sales of such Ilesen'cs which have been or shall be invested under the authority of an Act passed in the Eighth year of the reign of King George the Fourth, intituled An Act to authorize the Sale of part of the Clergy Reserves in the Provinces of Upper and Lower Canada, shall be subject to such Orders as the Governor in Council shall make for investing, either in some Public Funds in tlie Province of Canada, secured on the con- solidated Fund of the said Province, or in the Public Funds of Great 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 auch Sales shall be borne and defrayed out of the first monies received therefrom. III. And be it enacted. That the Interest and Divi- dends accruing upon such Investments of the 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 herein-after men- tioned, 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 Governor, 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 Denomin.tions of Christians in Canada, and to which the Faith of the Crown is pledged, during the natural Lives or Incumbencies of the parties now receiving the same : Provided always, that until the annual Fund so to be created and deposited with the and Receiver fitnenil shall suftici! to meet the uhove-mcti- tioncd StiiK-iiilH u ul Allowances, the tuinie, or ho much thereof U8 the said Func. may he insufficient to meet, hIuiU be defrayed out of the Casual and Territorial Ue- vcnue of the (Jrown in the Province t)f Canada. IV. And be it enacted, That us soon as the said Fund rrovUion f..r tiio shall exceed the amount of the several Stipends and Al- iila'scotund.*"'''*'''"''* lowances aforesaid, and subject always to the prior satis- faction and payment of the same, the said annual Fund shall be appropriated as follows ; (that is to say,) the net Interest and Dindends accruing 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 hi Canada ; and the net Interest and Dividends accruing upon the Investments of the Proceeds of all Sales of such Rescnes 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 Sti- pends and Allowances which shall be paid to and received by any Clergyman of either of the said Churches of Eng- land or Scotland shall be taken, as far as the same will go, as a part of the share accruing to each Church respec- tively by virtue of this Act ; (that is to say,) the Stipends and Allowances to any Clergyman of the Church of Eng- land as part of the share accruing to the Church of Eng- land, and 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 Sura be- yond such respective Stipends and Allowances until the Proportion of the said annual Fund allotted to them re- spectively in manner aforesaid shall exceed the annual Amount of such Stipends and Allowances. 6 Aiipliiatlon i>rt)io l-'UlllllI 8U ullutti'd. flow allotted Funds arc to be paid. Application of the residue uf Fund. V. And be it cnnctcd, Thut the Share allotted and appropriated to each of the 8uid Cluirches HhuU be ex- pended for the support and niuintenunee of Publie Wor- ship and the Propuf^ation of lloUj^ious Knowledge, the Share of the Haid (-hurth of England being ho expended under the Authority of the *' Society for the Propagation of the Gospel in Foreign Parts," and the Share of the taid Church of Scotland under the Authority of a Board of Nine Coniniissioners, to be elected by the Synod or Synods of the Presbyterian Church of Canada in con- nexion with the Church of Scotland, under such Regula- tions as shall be from tune to time established by the Governor of Canada, with the Advice of his Executive 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 be- half of the said Church of Englaiul, and by the said Commissioners on behalf of the said Chiurch of Scotland. VII. And be it enacted, That, subject to the foregoing 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 Instructioa in Canada. VIII. And be it enacted, That the Receiver General Guarantee of the sumsof jE7,700tothe tJhurch of England, q,. other Person appointed as aforesaid to receive the In- and jE 1,580 to the * *^ Church of Scotland, terest 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 oi January in every Year, deliver to the Governor a Certificate in Writing under his Hand of the net Amount which in that Year will be applicable to the several Churches of England and Scot- land out of the said Fund under the Provisions of this Act ; and wlicncvcr the Sum mentioned in any such Cer- tificate to be applicable to the Church o^ England in Up' per Canada bIuiU be less than Seven thousand Hevcn hundrepoint, or otherwise, or for the use of any particular Church then erected, or thereafter to be erected, or for the endowment of a Parsonage, Rectory, or Living, or for other uses or purposes appurtenant to such Church in general, or to any particular Church or Parish, to be named in such deed, and any such deed or conveyance, to any Parson, or Rector, or other Incumbent, and his Successors, for the endowment of such Parsonage, Rectory, or Living, or for other uses or purposes appurtenant thereto, shall be valid and effectual to the uses and purposes in such deed or conveyance to be mentioned and set forth, the Acts of Parliament commonly called the Statutes of Mortmain, or other Acts, Laws, or usages, to the contrary thereof notwithstanding; Provided always, that in order to the validity of such deeds and conveyances, the same shall be made and executed six months at the least before the death of the person conveying the same, and shall be registered not later tlian six months after his decease. s '20 XVII. And bo it further enacted by the authority aforcoaid, That in the event of any person or persons, bodies politic or cor])oratc, desiring to erect and found a Church or Churches, and to endow the same with u sufficiency for the maintenance of such Church and of Divine Service therein, according to the rites of the said Church of England and Irchtiid, it shall and may be lawful for him, or them, to do so, upon procuring the License of the Bishop, under his hand and seal, for that purpose; and thereupon, after the erection of a suitable Church, and the appropriation by the founder thereof, of such Church so erected, and of lands and hcre- dituiiients, or other property, adequate to the maintenance thereof, and of an Incumbent, and adequate to the usual and ordinary charges attendant upon such Church, such provision being made to the satisfaction of the Bishop, such Founder, his Heirs and Assigns, being Members of the said Church of England, or such body politic or corporate, as the case may be, bhall have the right of presentation to such Church, as an advowson in fee presctitative, according to the Rules and Canons of the said United Church of England and Ireland. XVIII. And be it further enacted by the authority aforesaid, That nothing in this Act contained shall extend, or be construed to extend, in any manner, to confer any Spiritual Jurisdiction or Ecclesiastical Rights whatsoever upon any Bishop or Bishops, or other Ecclesiastical Person, of the said Church, in the said Province of Upper Canada. That in i^siring to le with u f Service I Irehuid, uring the )U6e; and ropriation and hore- luf, und of attiiidant on of the f the said se may be, rson in fee id United said, That extend, in i>al Rights Person, of