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^
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.
<v*t»^t>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
hundre<l Pounds, or the Sum mentioned in the Certificate
to be applicable to the Church of Scotland in Ujiper Ca-
nada shall be less than One thousand five hundred and
eighty Pounds, the deficiency in each case shall he made
good out of the Consolidated Fund of the United King-
dom of Great Britain and Ireland, and shall be charged
thereupon at the Qrarter Day next ensuing the Receipt
of such Certificate at the Treasury; and the Lord High
Treasurer, or three or more Commissioners of Her Ma-
jesty's Treasury of the United Kingdom of Great Britain
and Ireland, shall be authorized by their Warrant to di-
rect the Issue of the Simis needed to supply such Defi-
ciency 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 Gos-
pel in Foreign Parts, and such Sum as shall be needed to
supply the Deficiency of the said Sum of One thousand
five hundred and eighty Pounds to such Person or Per-
sons as shall be appointed to receive the same by any
Writing under the Hands of 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 Expen- Accounts of Expen-
ditiu-e of every Sum of Money so to be received out of to Governor in
the said annual Fund, or out of the Consolidated Fund
of the United Kingdom of Great Britain and Ireland, by
the said Churches of England and Scotland^ or by any
8
Summary remmly
for nii8application
of monies.
Repeal of part of
31 G. 3, c. 31.
Other Religious Body or Denomination of Christians rc-
Kpcctivcly, under the Authority of this Act, shall be, on
or before the Twentieth Day of July in each Year, ren-
dered to tlic Governor of the said Province in Council ;
and that until such Accounts shall have been rendered,
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 Projwrtion 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
Account, or to verify the same as aforesaid ; and that
Copies of such Accounts shall annually be laid before the
Legislature of the said Province.
X. And be it enacted, That whenever there shall ap-
pear 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, Reli-
gious Bodies, or Denominations of Christians, out of the
said annual Fund, or any Neglect or Abuse in the Ex-
penditure or Management of any such Sura or Sums,
upon Direction for that Purpose given by the Governor,
it shall be lawful for the Attorney General to apply sum-
marily, 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^ cetting
forth the nature of the Abuse apprehended, and praying
Discovery, and Relief in the Premises, as the natture of
the case may require.
XI. And be it enacted. That from and after the pass-
ing of this Act, so much of an Act passed in the Thirty-
first Year of the Reign of King George the Third, inti-
tuled 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 Provision for the Go-
* vemment of the Province of Quebec, in North America,
9
8 re-
ts on
ren-
incil ;
lercd,
anted
ted to
lice in
af the
either
ions of
r such
d that
ore the
lall ap-
Jouncil
en any
Sum or
8, Reli-
: of the
he Ex-
■ Sums,
jvemor,
y sum-
in the
V one of
netting
praying
atore of
he pass-
Thirty-
rd, inti-
assed in
intituled
the Oo-
America,
' and to make further Provision for the Government of the
^ said Province.^ iiiMiA-Aic^x 'leservutionsol'Liuid here-
after to be made in Upjutr Canada or Lower Canada for
the Support and Mauitenancc of a Protestant Clergy,
shall be repealed.
XII. And be it enacted, That In this Act the Words .^Ki;[:V?i;;';':'"'\,.,
" Province of Canada'' shall be taken to mean the Pro- •"""* "^«vernor."
vincc of Canada as constituted under an Act passed in
this Session of Parliament, intituled An Act to re-nnite
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 Person administering the Government of
tile 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.
Ofiice op Crown Lands,
Kingston, 6 th December, 1841.
In obedience to tlie commands of Ilis Excellency the Administrator of tlie
Government, conveyed in Chief Secretary, Mr. Murdoch's letter of this
date, directing me to take the necessary steps for carrying into ed'ett tlie
regulations established for the sale of the Clergy Reserves, and for making
1 lem generally known. The order passed by ller Majesty in Council, on
the 2 1 st October last, for the disposal of the Clergy Lands in this Provuice,
is published for tl;i« information of the public.
JOHN DAVIDSON,
Commissioner of Crown Lands
for the Province of Canada.
10
AT THE COURT AT BUCKINGHAM PALACE,
THE 21sT OF OCTOBER, 1841.
PRESENT :
The Queen's Most Excellent Majesty,
Uis Royal Highness Prince Albert,
Lord Chancellor, Earl of Aberdeen,
Lord President, Sir Robt. Peel, Bart.
Lord Steward, Sir George Murray,
Lord Chamberlain, Sir J. Graham, Bart.
Earl Jersey.
Whereas by an Act passed in the Session of Parliament holden in the
3rd and 4th years of the Reign of Her Majesty, intituled ^^An Act to pro-
vide for the sale of the Clergy Reserves in the Province of Canada, and for
the distribution of the proceeds thereof^^ reciting that "^Y is expedient to pro-
vide for the final distribution of the Lands called the 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
Knoioledge within the said Province^* it was amongst other things enacted,
that after the passing of the said Act, it should be lawful for the Governor
of the Province of Canada, by and with the advice of His Executive
Council and under such regulations as might be by him from time to time
in Councils established in that behalf, and approved by the Queen 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 Clergy Reserves, so to be sold as aforesaid, in any one year should
not in the whole exceed one hundred thousand acres, without the previous
a[)probation in writing of one of Her Majesty's Principal Secretaries of
State. And whereas in pursuance of the said Act, the Governor of the
Province of Canada with the advice and consent of His Executive Coun-
cil, did on the 13th day of July 1841, establish certain regulations for
the sale of the Clergy Reserves in that Province in the words and figures
following, that is to say :
First — That Her Majesty's Commissioner of Crown Lands in and for
the said Province, shall under the said regulations and during the plea-
sure of the Governor, act in the sale and disposal of the Clergy Reserves
aforesaid.
i
11
Second — That the said Commissioner shall render to the Governtneut,
accounts up to the ■ day of the months of——— and — — — in
each year.
Third — That it shall be the duty of the said Commissioner to receive
and collect all monies arising from sales of the said Reserves heretofore
made, which are now due and owing or which shall hereafter become due
and owing, as well as all monies arising from sales hereafter *~ be made.
Fourth — That it shall be the duty of the said Commissioner to cause
inspections of the said Reserves to be made by competent persons, and
that the Inspectors so to be employed shall make returns upon oath of the
Reserves by them respectively Inspected, which returns shall exhibit whe-
ther or not the said Reserves are occupied or improved, or whether the
same are vacant, and if occupied or improved by whom, and under what
authority or claim, if any such shall be asserted. The extent and nature
as well as the value of such improvements, the value of the land apart
from the improvements, the nature of the soil, and all such other circum-
stances as shall or may effect the valuation.
Fifth — That such returns shall be submitted to the Governor in Coun-
cil, and approved, altered, or modified, as the case may require.
Sixth — That any party or parties who shall think himself or themselves
aggrieved by any of the said Returns may have his or their case considered
upon Petition to the Governor in Council.
Seventh — That upon confirmation of any such return the same shall be
communicated to the Commissioner of Crown Lands, and the land con-
tained in such return shall be considered open for sale at the price stated
in such return as confirmed, including the value of improvements, to the
first person who shall apply for and pay for the same.
Eighth — That the seventh Rule shall not apply to lessees with unexpired
leases, or to lessees with leases containing clauses for the renewal of the
same, until the expiration of the term ; unless such lessees shall select to
become Purchasers, in which case they shall be entitled to purchase at the
price stated in such return, upon payment of arrears of rent.
Ninth — That in case of expired leases which shall not have been re-
newed, and where lands shall have been occupic 1 and improved without
authority for the space of five years next beA i' the first day of January
last, the lessees on their assignees, or the occujun; vliere there shall have
been no lease, shall for the space of twelve Calencior i.;onths after the land
12
shall be offered for sale, be entitled to purchase the Fame and to be allowed
a deduction for improvements, in no case to exceed 25 per cent, upon the
purchase money.
Tenth — That all future sales shall be for money in hand.
Eleventh — That the Agents cf the said Commissioner shall, under the
direction of the said Commissioner, effect sales and receive monies, as well
upon former sales as upon sales to be made by themselves, and shall
without delay transmit the same to the principal office, deducting therc-
frorn the same allowance as upon sales of Crown Lands,
Twelfth — That the securities of the said Commissioner and of the said
Agents respectively, shall be extended to transactions in the sales of and
receipts for Clergy Reserves.
Thirteenth — That upon production at the principal office of the re-
coil)! or receipts of any of the said Agents, the amount shall be credited
ujK)ii the purchase and the Agent charged with the same, and upon pay-
ment in full the Commissioner aforesaid shall certify the same and Letters
Patent shall issue to the purchaser.
Fourteenth — That transfers of sales made heretofore on credit, shall be
made in the Books t ('the Commissioner of Crown Lands upon assignment
executed and depositeil \n his office, and upon payment of the Instalments
due upon the sale.
Now therefore Her Majesty in Council having taken the said Regula-
tions into consideration, is pleased, by and with the advice of Her said
Council, to approve thereof, and the same are hereby approved accordingly,
and the Right Honorable Lord Stanley, one of Her Majesty's Principal
Secretaries of State is to give the necessary directions herein accordingly.
(Signed)
WM. L. BATHURST.
13
Province of )
Canada, j
R. D. JxVCKSON.
VICTORIA, hij the Grace of GOD, of the United Kingdom
of Great Britain and Ireland, Queen, Defender of the
Faith, 8j-c. 8jX. SfC.
To all to whom tlicse presents shall come —
Greeting :
A PROCLAMATION.
Whereas at a Session of the Parliament of that part of Our Province
of Canada foru'erly known as Upper Canada, holden at the City of Toronto,
in Our said Province, on the Third day of December, one thousand eight
hundred and tliirty-nine, and prorogued on the Tenth day of February
following, in the third year of Our Reign, a certain Bill, entitled ^^AnAct
to male provision for the management of the Temporalities of the United
Church of England and Ireland in this Province, and for other purposes
therein mentioned,'' and also a certain other Bill, entitled '"''An Act to amend
an Act pnsHcd in the Ninth year of the Reign of King George the Fourth,
Chapter Two, entitled *An Act for the relief of the Religious Societies
therein mentioned,''' were passed in the Legislative Council and Assembly,
and were at the prorogation of the said Session, on the Tenth day of
February aforesaid, presented to our Governor-General of our said Pro-
vince, for Our Assent thereto, who, in pursuance of the authority vested
in him by a certain Act of the Parliament of Great Britain, passed in the
thirty-first year of the Reign of His late Majesty King George the Third,
entitled '''•An Act to repeal certain parts of an Act passed in the Fourteenth
year of His Majesty's Reign, entitled ''An Act for making more effectual
provision for the. Government of the Province of Quebec, in North America,
and to make further provision for the Government of the said Province,"^
and according to his discretion then and there declared that he reserved
the aforesaid Bills for the signification of Our Pleasure thereon : Now
KNOW ye, that the aforesaid Bills, respectively, entitled "^w Act to make
provision for the management of the Temporalities of the United Church
of England and Ireland, in this Province, and for other purposes therein
mentioned," and ''''An Act to amend an Act passed in the Ninth year of the
Reign of King George the Fourth, Chapter Ttvo, entitled ^An Act for the
relief of the Religious Societies therein mentioned," having been laid before
Us in Council, We have been pleased to Assent to the same : And We
T)o by these Presents, according to the provisions of the said Act, passed
14
in the thirty-first year of the Reign of His late 'Majesty King George
the Third, Assent thereto, of which all Our loving Subjects will take
note, and govern themselves accordingly.
In testimony whereof. We have caused these our Letters to be made
Patent, and the Great Seal of Our said Province to be hereunto
affixed : Witness Our Trusty and well-beloved Sir Richard
DowNES Jackson, K. C. B., Administrator of the Government
of Our said Province of Canada, and Lieutenant-Gcneral Com-
manding our Forces in British North America, &c. &c. &c., at
Kingston, this Third day of December, in the year of our Lord
one thousand eight hundred and forty-one, and in the fifth year
of Our Re!gn.
R. D. J.
By Command.
S. B. Harrison, Secretary.
ANNO QUARTO ET QUINTO
VICTORIA REGIN^.
AN ACT to make provision for the Management of the Temporalities
of the United Church of England and Ireland^ in this Province^ and
for other purposes therein mentioned.
[Royal Assent Promulgated 3rd December, 1841.]
Whereas it is desired on behalf of the United Church of England and
Ireland, in the Province of Upper Canada, that provision should be made
by law for the internal management, by the Members of the said Church,
of the Temporalities thereof, and also for allowing the endowment thereof;
and it is just and expedient that such provision should be made : Be it
therefore enacted by the Queen's most Excellent Majesty, by and with
the advice and consent of the Legislative Council and Assembly of the
Province of Upper Canada, constituted and assembled by virtue of and
under the authority of an Act passed in the Parliament of Great Britain,
entitled "-4n Act to repeal certain parts of an Act passed in the fourteenth
year of His Majesty's Beign, entitled ^An Act for making more effectual
George
ill take
le made
creunto
ICHARD
}rnment
al Com-
&c., at
lur Lord
fth year
J.
poralities
ince, and
1841.]
land and
be made
I Church,
t thereof;
ie: Beit
and with
ly of the
le of and
It Britain,
fourteenth
i effectual
15
provision for the Government of the Province of Quebec^ in North America^
and to make further proinsion for the Government of the said Province,' "
and by the authoiity of the same, That from and after the passing of this
Act, the soil and freehold of all Churches of the Communion of the said
United Church of England and Ireland, now erected or hereafter to be
erected in the said Province, and of the Church-yards and Burying-
grounds attached or belonging thereto, respectively, shall be in the Parson
or other Incumbent thereof, for the time being, and that the possession
thereof shall be in the Incumbent for the time being, and the Church-
wardens to be appointed as hereinafter is mentioned, by whatever title the
same may now be held, whether vested in Trustees for the use of the
Church, or whether the legal estate remains in the Crown, by reason of
CO Patent having been issued, though set apart for the purposes of such
Church, Church-yard or Burying-ground : Provided always, that nothing
herein contained shall extend to affect the rights of any other Church, or
Body of Christians, to any Landed Property, or Church now erected, but
that the same shall remain as if this Act had not been passed.
II. And be it further enacted by the authority aforesaid. That all
Pew-holders in such Churches, whether holding the same by purchase or
lease, and all persons holding sittings therein, by the same being let to
them by Church-wardens, and holding a Certificate from the Church-
wardens of such Sitting, shall form a Vestry for the purposes in this Act
mentioned and declared.
III. And be it further enacted by the authority aforesaid, That a
meeting of such Vestry shall be holden on Monday in Easter week, in
each and every year, after due notice thereof given during the Divine
Service on the morning of Easter Sunday, for the purpose of appointing
Church- wardens for the ensuing year; and that at such meeting one
Church- warden shall be nominated by the Incumbent of the Parsonage or
Rectory to which the said Church belongs, and the other shall be elected
by a majority of those pre«ont and entitled to vote at such Vestry Meeting
as aforesaid : Provided, nevertheless, that in case of such Incumbent
declining or neglecting to nominate a Church-warden, then both of the
said Church-wardens shall for the current year be elected in the manner
aforesaid, and in case the Members of such Vestry shall neglect to elect
a Church-warden, then both of such Church-wardens shall for the current
year be nominated by the Incumbent : Provided always, that if from any
cause a Vestry Meeting shall not take place at the time aforesaid, such
16
appointment of Church-wardens may take place at any subsc(iuent Vestry
Meeting to be called in manner hereinafter provided ; and in ease of ilie
death or change of residence to twenty miles or more from any such
Church, of either of the said Church-wardens, a Vestry Meetinf^ shall
be thereupon called, for the election, by the said Vestiy, of a new Church-
warden, in case the one deceased or removed had been elected by the
Vestry, or for the nomination of a new Church-wardeu by the Incumbent,
in case the one deceased or removed had been nominated by the
Incumbent.
IV. And be it further enacted by the authority aforesaid, That no
person shall be eligible to the office of Churcli-wardcn except members
of the said Church of the full age of twenty-one years, and who shall
also be Members of such a Vestry.
V. And be it further enacted by the authority aforesaid, That such
Church-wardens shall hold their office for one year from the time of their
appointment, or until the election of their Successors, except in case of
an appointment or nomination to fill up any vacancy occasioned by death
or removal as aforesaid, and in such case the person so appointed or
nominated shall hold the said office until the next annual election.
VI. And be it further enacted by the authority aforesaid. That such
Church-wardens so to be elected and appointed as aforesaid, shall, during
t'oir term of office, be as a Corporation to represent the interest of such
Church, and of the members thereof, and shall and may svic and be sued,
answer and be answered unto, in all manner of suits and actions whatso-
ever, and may prosecute indictments, presentments and other criminal
proceedings, for and in respect of such Churches and Church-yards, and "
all matters and things appertaining thereto, and shall and may in con-
jimction with the Rector or Incumbent, make and execute faculties or
conveyances, or other proper assurances in the Law, to all Pew-holders
holding their Pews by purchase, or leases to those holding the same by
lease, and shall and may grant certificates to those who shall have rented
sittings; such Conveyances, Leases and Certificates, to be given within a
reasonable time after demand made, and at the charge of the person
applying for the same ; and further, it shall be the duty of such Church-
wardens from time to time to sell, lease and rent, Pews and Sittings, upon
such terms as may be settled and appointed at Vestry meetings to be
holden for that purpose as hereinafter provided : Provided always, that
17
any such sale, lease or renting, shall be subject to such rent-charge or
other rent as may from time to time be lated and assessed in respect
thereof, at such Vestry meetings.
VII. And be it further enacted by the authority aforesaid, That in case
of the absolute purchase of any Pew in any such Church as aforesaid, the
same shall be construed as a Free-hold of Inheritance not subject to for-
feiture by change of residence or by dicontinuing to frequent the same, and
the same may be bargained, sold and assigned to any purchaser thereof, being
a member of the Church of England ; and such purchaser, provided the same
be duly assigned and conveyed to him, shall hold the same with the same
rights, and subject to the same duties and charges, as the original purchase r
thereof.
VIII. And be it enacted by the authority aforesaid. That any Pew-holder,
whether by purchase or lease, and any person renting a Pew or Sitting,
shall and may during their rightful possession of such Pew or Sitting, have
a right of action against any person injuring the same, or disturbing him
or his family in the possession thereof.
IX. And be it further enacted by the authority aforesaid, That such
Church-wardens so to be appointed as aforesaid, shall yearly and every
year, within fourteen days after other Church-wardens shall be nominated
and appointed to succeed them, deliver in to such succeeding Church-
wardens a just, true, and perfect account in writing (fairly entered in a
book or books to be kept for that purpose, and signed by the said Church-
wardens,) of all sums of money by them received, and of all sums rated
or assessed, or othciwise due and not received, and also of all goods*
chattels, and other property of such Church or Parish in their hands as
such Church-wardens, and of all monies paid by such Church-wardens so
accounting, and of all other things concerning their said office, and shall
also pay and deliver over all sums of money, goods, chattels, and other
things, which shall be in their hands, unto such succeeding Church-war-
dens ; which said account shall be verified by oath before one or more of
Her Majesty's Justices of the Peace, who are hereby authorised to admi-
nister the same ; and the said book or books shall be carefully preserved
by such Church-wardens, and they shall and are hereby required to permit
any member of such Vestry as aforesaid, to inspect the same at all reason-
able times, paying one shilling for such inspection, and in case such
Church-wardens shall make default in yielding such account as aforesaid,
or in delivering over such money, goods, or other things as aforesaid, it
c
18
shall be in the power of the succeeding Churcrli-wardcns to proceed
against them at Law for such default, or to file a bill in equity for discovery
and relief; and in caac of the re-appoint luent of the Hanic Church- wardens,
then such account as aforesaid, shall in like manner an is aforesaid, be made
and rendereu before an adjourned meeting of such Vestry, fourteen days
atlter such re-appointment.
X. And be it further enacted by the authority aforesaid. That it nhall
be in the power of the Incumbent of any such Parsonage, Rectory, or
Parish as aforesaid, or of the Church-wardens thereof, to call a Vestry
JMeeting whenever he or they shall think proper so to do, and it shall be
his and their duty so to do, upon application being made for that purpose
in writing by six at least of the members of such Vestry as aforesaid; and
in case tipon such written application being made as aforesaid, such In-
cumbent and Church-wardens shall refuse to call such meeting, then one
week after such demand made, it shall be in the power of any six of such
members of the vestry to call the same by notice to be affixed on the outer
Church door (or Church doors where more than one), at least one week
previous to such intended meeting.
XI. And be it further enacted by the authority aforesaid. That in all
N'cstry Meetingn, the Hector or Incumbent of the Church shall preside as
Chairman when present, and in his absence, such person as the majority
present at such meeting shall iiame ; and the Vestry Clerk, when there is
one and present, or in case there be no Vestry Clerk or he be absent, then
such person as the Chairman shall name, shall be Secretary of such Vestry
Meeting, and the proceedings of such Vestry Meeting shall be entered in
a book to be kept for that purpose, and preserved in the custody of the •
Church-wardens.
XII. And be it further enacted by the authority aforesaid. That the
rent-charge to be paid upon Pews holden in freehold, and the rent to be
paid for Pews and Sittings in Pews leased or rented, shall be regulated
from time to time at such Vestry Meetings as aforesaid: Provided,
nevertheless, that no alterations shall be made therein, except at Vestry
Meetings called for such special purpose, and so expressed in the notice
calling the same ; and further, that the charges to be made in respect of
such conveyances, leases, and certificates, shall in like manner be regulated
at such Vestry Meetings as aforesaid.
19
Mil. And be it further enacted by the authority aforesaid, That the
Clerk of the Church, the Organist, the Vestry Clerk, the Sexton, and
Dther subordinate servants of the Church, shall be nominated and appointed
by tht; Church-wardena for the time being, and that their salary and wages
Khuli bo brought into the gencnU account, tu be rendered as aforesaid by
buch Church-wardens.
XIV. And be it further enacted by the authority aforesaid, That the
ftes on Marriages, Ikptisms, and other services of the Church of the like
nature, and the charges payable on breaking the ground in the Cemetries
«)r Cluirch Yards, and in the said Churches for burying the dead, shall be
rcf^ulated by the Ordinary, or in case of there being no Ordinary, by the
iJihliop of the Diocese.
XV. And be it further enacted by the authority aforesaid, That it shall
be in the power of the Members of such Vestries, at such Vestry Meetings
Hs aforesaid, to make Bye-Laws for the regulation of their proceedings
and the management of the 'i'cmporalities of the Church or Parish to
which they belong, so as the same be not repugnant to this Act, nor con-
trary to the Canons of the said United Church of England and Ireland.
XVI. And be it further enacted by the authority aforesaid. That any
deed or conveyance of land, or of personalty, that may be made to any
IJishop of the said Church, in the said Province, and to his Successors, for
the endowment of his Sec, or for the general uses of the said Church, as
such Bishop may ai>point, 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