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IVIaps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams Illustrate the method: Les cartes, planches, tableaux, etc., peuvei;t dtre filmte A des taux de r6duction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seul ciichA, 11 est f llmA A partir de I'angle supArleur gauche, de gauche A droite, et de haut en has, en prenent le nombre d'images nicessaire. Les diagrammes suivants lllustrent la mAthode. 1 2 3 1 2 3 4 5 6 ^^^^M 3 1 mi REPORT OP A SELECT COMMITTEE OF THE %iuiuUtm eouncil of Wiv»n enmt^, UPON THE PROVISION MADE BY TLAW FOR THE SUPPORT OF A U 1 PROTESTANT CLERGY IN THAT PROVINCE. TORONTO; Priattd by B. Stanton, Printer to the King's Most Excellent M^estf. 1895. -^ i s:« t, i" REPORT > m i or A SELECT COMMITTEE OF THE EefiCfitlatCtie eounccc oc Uw^t €nnnrfit, UPON THE PROTISION-MADE BY LAW FOR THE SUPPORT OF A PROTESTANT CLERGY IN THAT PROVINCE. ill TORONTO; Printed by R. Stantox, Printer to the King's Moat Excellent Mujealy. 18 3 5. t f c 1 € REPORT &c. THE SELECT COMMITTEE TO WHOM was referred the Bill sent up from Ihe House of Assembly entitled, *' An Act for the disposal of the •* Clergy Reserves in this Province for the jnnposes •* of general Education,^^ with instructions to rejmrt upon the principles and details of the Bill, and also upon the provision made by law for the support of Religion in this Province, as ivell as upon the questions which have arisen respecting it, and the measures vMch have been tahen in England and in this Country in relation to the same, have examined into the matters referred to them, and have agreed upon the following Report, which they trust may serve to bring the sul)ject under the view of your Honorable House in its several bearings, and in a connected manner : When the Country which now constitutes the Pro- vinces of Upper and Lower Canada became part of the dominions of the British Crown, it contained a population of about 05,000 inhabitants, lately subjects of the French King, among whom the Roman Catho- lic Religion exclusively prevailed. An Ecclesiastical establishment with Priests, Curates and Missionaries, probably adequate in number to the religious care and instruction of the community, had existed under the protection of the French Government, supported ,; t by tithes, and by large endowments of real property derived from the Crown. In the articles of capitula- tion a very earnest and zealous desire was shewn by the French commander to guard the integrity of this provision, and to secure its perpetual continuance under the change of circumstances which the Colony was about to undergo, and to that end it was stipulat- ed in the 27th and 34th articles of the capitulation, ** that the people should be obliged by the English ** Government to pay to the Priests the tithes they <' had been used to pay under the Government of the *' French King ; and that all the religious communi- *' ties, and the Priests, should preserve the property " and revenues of the Seigniories, and other estates " which they possessed in the Colony, and that the " same estates should be preserved in their privileges, " rights, tenures and exemptions." In the yepr 1774, when His Majesty and the Brit- ish Parliament were making provision for the better government of the Province of Quebec, a just sense was shewn of the obligation to maintain, for the be- nefit of these Roman Catholic subjects of the Crown, the provision which had been made among them for the support of religion and the maintenance of public worship, for in the fifth and sixth sections of the Statute 14 Geo. 3. Ch. 83. it is expressly enacted, that the Clergy of the Church of Rome in the Province of Quebec " may hold, receive and enjoy, their accus- *' tomed dues and rights with respect to such persons ** only as shall profess the said religion" : and with ^ due regard to the interests of his Protestant subjec s it was further enacted, *^ that it should be lawful for '' His Majesty, his Heirs or Successors, to make such " provision out of the rest of the said accustomed '' dues and rights for the encouragement of the Pro- '' testant religion, and for the maintenance and sup- " support of a Protestant Clergy within the said Pro- '^ vince, as should from time to time be thought " necessary and expedient." In the year 1791, His late Majesty King George the Third, whose memory will ever be revered in this Colony, deemed it expedient to divide the Province of Quebec into two separate Provinces, to be called Upper and Lower Canada ; and in the Royal mes- sage sent to Parliament for the purpose of recom- mending the enactment of the necessary provisions for the good government of the said Provinces, His Majesty was pleased to express his desire " to be en- '' abled to make a permanent appropriation of lands " for the due and sufficient support and maintenance " of a Protestant Clergy within the said Provinces, '' in proportion to such increase as might happen in << the population and cultivation thereof." By this time (1791) a considerable number of per- sons of British origin had settled in Canada ; and it may be observed in how much more express and par- ticular a manner the intention to provide for the sup- port of the Protestant religion is announced in this Act, than it had been in the one which was passed \\l M 6 in 1774. In that Statute tlie principal object of at- tention evidently was to guard the rights of those who instructed the people in the prevailing religion, by giving the sanction of the law of England to the ex- action of those tithes and dues, which had been yielded to the Clergy under the French government. It was deemed equitable to exempt from the payment of them such British subjects as were not members of the Roman Catholic Church; and inasmuch as from them no tithes were to be demanded by the Clergy of the Church of Rome, it was enacted, that out of the rest of the said accustomed dues and rights, that is, out of those tithes or dues payable by Protestants, and therefore not to be received by the Roman Catholic Clergy, His Majesty might make provision for the maintenance and support of a Pro- testant Clergy. Instead of this provision, burthensome in its nature and not certain to be sufficiently produc- tive for the maintenance of a Clergy among a widely dispersed population, the Act of 1791 made a much more just, adequate, and satisfactory provision by the allotment of lands in the proportion therein specified. His Majesty had, as we have already noticed, desired in his message to Parliament '* that such appropria- " tion should be permanent, and such as might best ** conduce to the due and sufficient support of a Pro- ** testant Clergy in proportion to such increase as ** might happen in the population," and Parliament in this Statute which they passed, declared their re- solution of '* fulfilling effectually His Majesty's gra- :^ ^* cions intentions, and of providing for the due cxe- •" cution of the same in all time to comcJ*^ In a series of clauses* forming a great portion of that Statute from which we derive our Constitution and form of Government, direction is given to set apart such allotments of land in this Province as should be equal to one-seventh part of the quantity of land granted by His Majesty. The most scrupu- lous care is taken to ensure the appropriation being made, and it is expressly declared, " that all and every the rents, profits or emoluments which may at any time arise from such lands so allotted and *'' appropriated as aforesaid, shall be applicable solely ** to the maintenance and support of a Protestant " Clergy within the Province, in which the same shall ** be situated, and to no oth^r use or purpose what- *t tt 91 *^ ever. Particular provisions are next made respecting the erection of Parishes, and the presentation of incum- bents ; and it is then enacted, that the several pro- visions in the Statute respecting the allotment and appropriation of lands for the support of a Protestant Clergy, and also respecting the constituting, erecting and endowing Parsonages or Rectories, and the pre- sentation of Incumbents or Ministers to the same, and the mann.er in which such Incumbents or Minis- ters shall hold and enjoy the same, shall be subject to be varied or repealed by any express provision for I . I - . I II * For these clauses of the British Statute 31. Geo, 3. Chap. 31. see Appendix A, 8 8' ' ■"■ I i 1 that purpose, contained in any Ace or Acts which may be passed by the Legislative Council and Assembly of this Province, and assented to by His Majesty : Provided that no Act, for any of these purposes, shall be assented to by His Majesty, until thirty days after it shall have been laid before both Houses of Parlia- ment in Great Britain ; nor shall it be assented to, if within thirty days, either House of Parliament shall address His Majesty to withhold his assent therefrom. These are, in substance, the provisions by which public support is ensured for the maintenance of the Protestant Religion in this Province. It will be re- marked, that they are framed with great care and circumspection, and with an evident desire that the provision should be permanent, and commensurate with the growing wants of the population. Different opinions, as your Committee is aware, have been entertained respecting the power over this provision given to the Provincial Legislature by the 41st Sec- tion of the Act ; some persons conceiving, that it extends only to the repeal of those Clauses of the British Statute which authorise allotments of land to be made, after which repeal any further appropriation of lands, for the objects specified, would from thence- forth cease ; while others maintain that it enables the Provincial Legislature not merel} to interfere prospectively, but to repeal and undo as it were, the effect and past operation of the British Statute, or, in ether words, to abolish, at any time, whatever cndow-^ 9 ment might be in existence in consequence of ihc executed provisions of the Act, and thus to leave Religion totally and absolutely without public support in the Colony. Your Committee merely advert to the doubt which has been raised on this point, and ex- press no opinion upon it. It becomes the less mate- rial to determine which construction is proper, when it is considered that no Act passed by this Legisla- ture affecting the Reserves in any manner can have the force of Law, unless it meets with the approba- tion of every branch of the Imperial Parliament. The earnest attention with which the Sovereign and Parliament of Great Britain desired to secure an adequate support for a Protestant Clergy within this Colony, is especially worthy of remark, when it is re- membered, that in the period which intervened between the passing of the Statute 14 Geo. S, and the Statute in question, a vast change had taken place in regard to the dominions of the Crown on this continent. A revolution had, in that interval, deprived Great Britain of Colonial possessions more extensive and valuable than can ever again be acquired by any Nation in the world. From various causes, and perhaps chiefly from the peculiar circumstances under which the most considerable of these Colonies had first been settled, it had happened that the Parent State had abstained from laying in any of them, the foundations of an Ecclesiastical establishment : besides therefore, the experience on the one hand of the effect which the maintenance of a resident and regular Clergy 10 '■: \ t i had upon the interests and happiness of the United Kingdom, His Majesty and the British Parliament had the opportunity on the other hand, of judging from recent events, how far the neglecting to make any such provision among a people was likely to prove consistent with the stability of Government, and with a sound moral and religious condition of society. The result of a mature consideration of the subject seems to have led the King and his Parliamerjt to the resolution of making an adequate provision for the support of Religion, and to protect that provision with scrupulous care. , T.. At the time this foundation was laid. Upper Cana* da was supposed to contain 10,000 inhabitants, chiefly of British descent ; the population at present is, probably not less than 350,000, a small proportion of which is contained in Towns and Villages, and the remainder dispersed over a country not less in extent than England and Wales, and inhabiting about 300 Townships or tracts of land, each of which is nearly ten miles square. Allotments of land, called Clergy Reserves, have been regularly set apart since the passing of the Statute, in proportion as grants of land have been made to individuals, and these Re- serves have been usually distributed through the Townships, in lots of 200 acres each. For many years these lands produced little revenue, there being no power to alienate them, even if a suitable price could have been obtained ; and so long as the Crown 11 was in the course of making Grants in fee simple, many of them gratuitously, and others on the pay- ment of a moderate fee, to almost every one who applied for them, it was not to be expected that a considerable revenue could be obtained from rents of uncleared lands. • The fact is, that although a considerable number of lots were leased, the rents were very trifling, and were irregularly paid; and the few Clergy of the Church of England who were stationed in the Pro- vince, were indebted to the Society for Propagating the Gospel in Foreign Parts, for their support. Things were in this state until some time between the years 1819 and 1821, or nearly thirty years after the passing of the Statute, when, for the first time, as your Committee believe, a question was raised respecting the proper legal construction of the Act, and the intention of the Parliament in passing it ; and it was in this manner that the question arose. The 39th section of that Statute, it will be perceived, is very explicit and comprehensive in regard to the rights which an incumbent shall possess upon being inducted into a Rectory or Parish in Upper Canada, when any shall be erected. The Legislature of the Province seemed clearly to apprehend that it could not have been intended that tiihes should be demand- able, considering the provision which Parliament had made for supporting a Protestant Clergy, by an ap- propriation of lands, and conceiving that an explicit declaration to this effect ougb^ to precede any mea- 12 sure for dividing the Province into Parishes, a short Act was brought into the Legislature for that purpose, wliich passed the f;wo Houses, but being necessarily reserved for the assent of His Majesty, it failed to receive attention in Englani], until the limited period of two years had elapsed, and it could not therefore become a law. In the year 1821,.a similar bill was passed, which being sent to England, was assented to in 1823, and is printed in our Statute Book, page 602.* •; r ( i This Bill met with no opposition that we are aware of, and excited little or no discussion ; its object, obviously, was just and reasonable ; no imagination that a claim to tithes would ever be advanced by a Clergyman of the Church of England in this Pro- vince, had probably entered into the minds of any one; and it was from extreme caution, and most probably from a desire to remove any obstacle that might seem to exist to the erection of Parishes, that the suggestion of such an enactment arose. During the little attention to the subject of the Clergy Reserves, however, which the pendency of this Bill excited, an opinion was advanced that the words **a Protestant Clergy," used in the 31 Geo. 3, were applicable to the Clergy of the Church of Scotland as well as of the Church of England, and that thatChurcli being established in one portion of the United King- dom, the right of her Clergy to be supported from * See copy of this Act, Appendix B. 13 the Reserves wns apparctit on the Statute, and was also capable of being supported, under the articles for the union of the two Kingdoms. > This claim, on the part of the Church of Scotland, was from that period advanced and persevered in : the arguments in favor of it, and those in opposition, have been from time to time placed before His Majes- ty's Government in various shapes ; but up to this time, as the Committee apprehend, no decision of the question has been pronounced by any Judicial authority, nor any definite measure taken in conse- quence. In this country, where the first conception of such a claim seems to have originated, it is manifest it could not be finally decided, and therefore it is, per- haps, unfortunate that it should have been agitated here, since the discussion has hitherto led to no de- cisive result, and has been injurious, in no small de- gree, to the public interests and tranquility. It soon led the way to less definite pretensions, and to claims which have depended for their support rather upon the feelings which could be excited by a course of industrious agitation, than upon any reasonable construction or constitutional principle. In a short time after a claim was put forward on behalf of the Cb"rch of Scotland, it began to be asserted that the term "a Protestant Clergy" might, in law, and ought in equity to receive such a construction as would comprehend the Ministers of every denomination of r to!" 14 Protestants, of which denominations there arc in this Province at present many varieties, and to these many more may from time to time be added. A claim, however, to have the Reserves, or their proceeds distributed among the several Sects has not been strenuously pressed, perhaps from the conviction that such a measure must obviously fail in affording an adequate support for Christianity in any form ; or, perhaps, from a consideration of the never ending jealousies and contests to which the attempt at a proportionate distribution must give rise. In 1827, His Majesty's Government proposed and procured from Parliament, an Act authorising the sale, annually, of a limited portion of the Clergy Re- serves, not to exceed in^any year 100,000 acres, nor more in the whole than one-fourth of all the lands reserved.* In this Act Parliament gave no evidence of any change of intention, in regard to the principles declared in the Stat. 31 Geo. 3 ; on the contrary, the proceeds of the sales are expressly directed to be applied " either '*' for the improvement of the remaining part of the " said Clergy Reserves, or otherwise, for the purposes "for which the said lands were so reserved as afore- ** saidy and for no other purpose whatsoemry Thus any doubt which may have arisen upon the construc- tion of the former Statute, 31 Geo. 3. was not cleared up when Parliament were again legislating upon the ♦ See Appendix C 15 subject, nor was tlie legal effect of that Statute in any respect changed. The objects of this recent Statute seem to have been, to render a portion of the Reserves more immediately available for the support of Clergy- men, by raising a fund to be applied in clearing and improving them ; to diminish the pretence for com- plaining that the Reserves obstructed the settlement of the country, by providing for their gradual aliena- tion ; and to enable the Crown to change any of the Reserves for other lands either belonging to the Go- vernment or to individuals, when, such an exchange might seem desirable for any purpose. . , In 1828, the petitions and complaints proceeding from the adjoining Province of Lower Canada, and the diflSculties which had occurred there, occasioned the affairs and interests of that Province to be brought under the consideration of the House of Commons ; and in the course of an inquiry conducted by a Com- mittee of that House, the subject of the Clergy Re- serves was examined and considered, with reference to both these Provinces. The Attorney General, Sol- isitor General, and Advocate General of England, had, as it appears, been called upon in 1819, to give an opi- nion on the proper construction of the 31 Geo. S. in regard to the words " Protestant Clergy," and it will be seen from their opinion, which we subjoin in the Appendix,* that in their judgment, the Church of En- gland alone could be endowed with any portion of the 'I' Appendix D. 16 **■ ^v ^3 '\ 'i lands ; that pecuniary assistance, however, might be contributed to the support of the Clergy of the Church of Scotland out of the rents or profits of the Reserves, in the discretion, as they apprehended, of the Colonial Government ; and that dissenting Ministers, not be- longing to either of the national religious establish- ments, did not come within the term " Protestant Clergy,^ and could not therefore participate in the provision. The Committee of the House of Commons having this opinion of the Crown Officers before them, de- cliaed expressing their own in regard to the proper legal construction of the Act ; but, without defining what sense they give to the term " Clergy," they seemed inclined to consider that the Church of En- gland alone was intended to be endowed with lands ; but, that with respect to the proceeds of the reserved lands, generally, the Government might apply the money, if tiiey so thought fit, to any " Protestant Clergy." The learned Counsel for the Colonial department, Mr. Stephen, on his examination before the Commit- tee, seems io have taken a middle course between the Crown Officers and the Committee, giving it as his opinion that no Clergy but those of England and Scot- land can participate either in the Reserves, or in the proceeds of them, but that in respect to the lands them- selves, although the Clergy of the Church of England alone could receive endowments of any portion of them as parochial Ministers, yet the Crown might authorise 17 a part of them to be appropriated in perpetuity to tlie tustentation of Clergymen of the Church of Scotland. Thus upon the occasion when this provision was most openly and minutely discussed in England, any doubts which had arisen upon the construction of the Statute were so far from being satisfactorily disposed of, that the Crown Officers, and the learned Counsel for the Colonial department, while they agreed in some re- spects, differed in others ; and the Committee having their opinions before them, declined the attempt to dispose of the question as a legal question, but ex- press sentiments as to the intention of Parliament which are not in accordance with eitlier. The Report of this Committee, however, indepen- dently of the general and inconclusive terms in whicli their views are expressed,* could for no purpose bo properly appealed to as decisive of the questions which had arisen, since the Members of that Committee formed but a portion, and a small portion, of one branch of the Legislature, and even in that House from which they were delegated, no vote of concur- rence in the Report was ever taken or proposed, that your Committee is aware of; nor does the Report seem to have br^en deliberately and expressly brought into discussion in either House, in any Parliamentary proceeding. The Committee in their Report, indeed, ** earnestly press the early consideration of the sub- * See Report of Committee, Appenidx E. 18 » * ! I '' ject of the Reserves upon his Majesty^s Government, ** with the view to an adjustment that might be satis- ** factory to the Province," but unfortunately at this distance of time, seven years nearly having elapsed since their Report, the whole matter remains in the same state as at the time of their making this recom- mendation. In 1831, the Legislative Council of this Province, feeling much anxiety for the speedy and certain ad- justment of a matter so deeply interesting in its na- ture, united in an address to his Majesty, of which a copy is subjoined, and in which the sentiments of the Council, in regard to this important subject, are dis- tinctly expressed.* . , i That address does not appear to have engaged the consideration of his Majesty*s Government, at least, your Committee are not aware that it has been ac- knowledged or adverted to in any communication from the Colonial department. It may, nevertheless, have contributed, with representations from other quarters, to call the attention of the Government to a subject which appears to have occupied much of their thoughts. The result of the further consideration bestowed by his Majesty's Government upon it was communicated to the Legislature by his Excellency the Lieutenant Governor, in 1832, in a message in which it will be perceived, that his Majesty's Govern- ment ** invites the Legislature to consider how the ^1 I «; <" Appendix F. 19 "powers given to them by the Statute (31 Geo. 3. ** chap. 31.) to Tary or repeal its provisions, in respect ** to the support of a Protestant Clergy, can be called *' into exercise most advantageously for the spiritual *' and temporal interests of his Majesty^s faithful sub- " jects in this Province." The Legislature were fur- ther put in possession of the views and desire of his Majesty^s Government in more definite terms, for in the House of Assembly a bill was introduced by the Attorney General, as appears by the Journals, the principal object of which was to vest the Clergy Re- serves in his Majesty, discharged from all trusts that had been created by the Statute 31 Geo. 3. The message with the draft of this bill, were printed by order of the House of Assembly, and a copy is sub- joined to this Report.f The bill was merely intro- duced into the Assembly in that Session, and was no further proceeded in. In the following Session of 1832-3, the same bill seems to have been again in- troduced into the Assembly by the Attorney General, when it was read the first time, and moved in no fur- ther. . • ■ . • - , • In 1834, a Bill similar to that which has been sub- mitted to your Committee to be reported upon was brought into the Assembly. Its object is distinctly in opposition to that which had been introduced by the Attorney General, in conformity to the wishes ex- pressed by his Majesty's Government ; for instead of t Appendix G. ^ ' :A 20 providing tliat the Clergy Reserves should be vested in his Majesty, discharged of all trusts, in which case his Majesty could make such disposition of them as might seem expedient, either for the support of reli- gion, or for any other purpose, — the object of the bill introduced in 1834, was to enable certain Commis- sioners nominated by the Assembly to sell the Clergy Reserves, and to pay over the proceeds to the Recei- ver General, to be disposed of for the promotion of education, under the direction of the Legislature, and for no other purpose. Your Committee need scarcely recall to the recol- lection of your Honorable House that a Bill, the same in substance, was passed by the Assembly in 1 830, and rejected by the Legislative Council. In 1834, when it was again introduced into the Assembly, as we have just stated, the opportunity was resorted to, as appears by the journals of the Assembly, of taking the sense of that House in regard to the measure that had been proposed under the sanction of the Govern- ment in the year 1832. An exact transcript of that Bill was moved to be substituted by way of amend- ment, in the place of the one introduced, but it was rejected, as it appears, by a vote of 27 to 7, and the measure recommended by the Government being thus negatived, the original bill similar to that which has been referred to your Committee, was proceeded in, and passed by the Assembly, but it was rejected by the Legislative Council, as it had been in 1830. ■WM 21 No measure has at any time originated in the Le- gislative Council in consequence of the message of his Excellency the Lieutenant Governor, in 1832: nor has any occasion arisen for taking the sense of the Legislative Council, in regard to such an enact- ment as is understood to have been recommended by his Majesty's Government. YOUR COMMITTEE having thus endeavored to bring under view the facts and measures which have preceded the introduction of the Bill now deferred to them, beg leave next to report upon the objects and provisions of that Bill,* which they have carefully examined ; and before adverting to the prin- ciples and details, your Committee think it not imma- terial to remark, in respect to the grounds and reasons set forth in the preamble as tlie inducement to passing the Act: ' ■ - Ist. That in reciting the provisions of the 31 Geo. 3. chap. 31, it is not set forth that his Majesty's message to Parliament expressly • ' proposed a permanent provision for the sup- port of religion, which message is recited * Appendix H, 22 ' '* in the Act, and that it is expressly avowed in the 36th clause " to be the intention of " Parliament to fulfil his Majesty's gracious ** intentions, and to provide for the due ex- ** ecution of the same, in all time to come J" 2dly. That it is alleged, " that the Bishop and ** Clergy of the Church of England pretend, *' contrary to the spirit and meaning of the " Act, to have an exclusive right to the Re- *' serves, and lo the rents, ^c. arising from " them ;" for which ^legation, though it would seem to imply the setting up an un- expected and unreasonable claim on the part of the Church of England, it must in justice i be stated that there is no other ground, than that when a claim was for the first time ad- , vanced on the part of one or more Churches to share in the provision, nearly thirty years after the Statute was passed, the Church of England endeavored to resist the efforts made to lessen or deprive her of the endow- ment, and acting on the defensive has con- tended for that construction of the Act, which up to that time, so far as we are aware, was never publicly called in question.-^ . Your Committee states these facts, without prejudice to the claim of any other Church. 3dly. That it is stated, ** that notwithstanding " such pretensions of the Church of Eng- 23 . I i I i ** land, and the liberal pecuniary aid annu- ** ally enjoyed by the Ministers thereof, from ** a benevolent Society in England, the num- ** ber of that Church is small, when compared ''to the number of some other sects of " Protestants in this Province." In regard to this allegation your Committee have to remark, in the first place, that the aid for- merly enjoyed from the benevolent Society alluded to, however liberal in proportion to their resources, clearly mu^t have been, and always was very inadequate to the supply of a resident Clergy throughout this exten- sive Colony ; and inadequate as it necessa- rily was, it has recently been withdrawn,* and withdrawn too, as your Committee find, in consequence of the hope held out by his Excellency the Lieutenant Governor of this Province that an equal sum might soon be derived from the very provision which it is the object of this Bill to repeal : and in the next place, your Committee cannot express their concurrence in the statement, that the number of members of the Church of En- gland in this Province is exceedingly small, when compared to the number of many other sects of Protestants ; because your Commit- tee are confident in the opinion, that the "* Sen Ippendix J. V 24 members of the Church of England in Up- per Canada, form a very numerous body dispersed generally over the country, and without desiring to speak disparagingly of any other Church, they will add that the language used in this part of the preamble is calculated to convey a very erroneous im- pression in regard to the actual state of the Church of England in this Colony, which when her numbers were very much smaller was never so spoken of, until the design be gan to be entertained of depriving her of the provision in question. UPON THE GENERAL OBJECTS OF THE BILL, your Committee beg to observe, ^r«^, that this measure is intended expressly and avowedly to abolish totally the provision made by the 31 Geo. 3. for the support of the Protestant religion in Upper Canada, without proposing to substitute in its place any other provision, for the same object, to any extent. 2dly. That in proceeding to carry this intention into full execution, the Bill provides for appropriating , the proceeds of sales made under the autho- , ^ rity of the Imperial Statute, passed in 1827, , although the manner in which they shall be disposed of is expressly declared in that Sta- tute. In this respect the Bill assumes directly to overrule tb'j enactments of Parliament. 25 ;tly Upon ther easons given in the Bill for this total abolition of the provision made by law for the support of the Ptotestant religion, your Com- mittee offer no remark, and they forbear from intruding upon your Honoiable House any arguments of their own upon a question involv- ing principles of so extensive and important a character that it is impossible the considera- tions attending it can fail to present themselves upon a general discussion of the measure. Your Committee, therefore, proceed in the next place tu remark upon the details of the Bill, by which it is proposed that this object shall be accomplished, and upon these they beg leave to state ; 1st. That although it might seem a reasonable consequence of repealing the enactments under which the Clergy Reserves are appro- priated, that those Reserves should revert to his Majesty, upon whose gracious sugges- tion they had hitherto been set apart for so indispensable a purpose as the maintenance of Religion, and that they shoni ' ^emain from thenceforth at the disposal of his Ma- jesty, with other lands of the Crown ; yet this Bill proposes a very different method of ^ dealing with them, and provides that instead of being granted as his Majesty may think fit, they shall be sold as the Legislature may direct, for purposes which they shall appoint, Si -A 'Li > , and by Commissioners whom they have nominated ; and no direction is given for •• an account to be rendered to his Majesty, through the Lords of the Treasury, of the > receipt and expenditure of the monies, as is usual in regard to all other public monies received and expended in the Colonies. 2nd. That the whole of the Reserves may be sold in four years by the Commissioners, at whatever price they may be willing to ac- cept for them. :^ i ,. iii^r ». 3d. That the Commissioners are all named by the Assembly, one being selected for each District, twelve in all : that of these twelve, six are members of the Assembly, and five are persons who were formerly in the As- ' sembly, but none are members of the Legis- ' lative Council, or serving in any department of the Executive Government. Utt 4th. That it is provided, that the House ofAs- i. i,v.,i sembly may, afler the Act is passed, at any ;. ;iti session of the Legislature, appoint, by vote ■■•7 ,ir, Wr>i-'!<,. of the House, any person to be Commissi- oner instead of any Commistiioner named in the Act ; a provision which appears to your Committee to be so extraordinary, that it cannot be necessary to enlarge upon it 27 5th. That upon the sales which the Commis- sioners shall make of them, the Government are to issue patents free of any cost, though no provision is made for meeting the charge of preparing those patents, and though the Government is to have no control over the proceeds of those sales. -.t.. ;,.■.. ... 6th. That each Commissioner is to give se- curity in £1000, and to have authority to receive all the monies paid for Reserves sold in his District, of which there are some so valuable that three or four lots would pro- duce a sum larger than the whole extent of the security. • * * 7th. That the monies are to be disposed of by the Legislature, for the support and promo- tion of Education, and to no other purpose whatever, it being clearly stated in the Bill that the education spoken of is not to in- clude religious instruction or public worship through the ministry of any clergy supported by this fund ; and it is worthy of remark, that this measure is introduced after the Legislature have beeh Tjr three years entrus- ted by the voluntary surrender of the Crown, with the management of very large tracts of land formerly set apart expressly for the maintenance of Schools, in the course of which three years not one step !ias been ■m 28 taken, nor any measure proposed for the concurrence of the Legislative Council, for ' turning that liberal endowment to account. Upon these provisions of the Bill, your Committee do «iot think it necessary to enter into any particular discussion; they are merely pointed out to the atten- tion of your Honorable House : and your Committee omit to remark upon many minor points in the details^ which struck them as obviously unadvisable or im- proper, thinking them of slight importance, in com- parison with the objections which appear to your Committee to exist against the general principles and scope of the Bill. Your Committee have already stated that it was not their intention to enter upon a discussion, or even upon a statement of the arguments which have been used or may be used, for or against the claim of right advanced by the Church of Scotland, or in behalf of any other denomination of Christians ; and for the same reasons for which they have omitted this, they have avoided also engaging in any discussion of the reasons for or against the maintenance of a Religious Establishment, whether those reasons are of general application, or such as may be deduced from the pre- sent condition and future prospects of this Colony — All these considerations are too important to be in their nature overlooked, and before the question now pending can be finally decided by the only competent 29 authorities, namely, the King and Parliament of Great Britain, they must, and doubtless will be maturely weighed and wisely and justly disposed of. To shew what has been done and attempted, for the purpose simply of presenting a connected view of facts and proceedings in relation to this interesting subject, has been the endeavor of the Committee ; and the follow- ing summary, deduced from what they have related more at length, will perhaps tend to bring the whole matter more clearly in review. From what the Committee have stated, it will be seen that his late Majesty, King George the Third, having acquired the territory which now forms the Province of Upper Canada, gave immediate assurance of his protection and support to the prevailing Reli* gion of the country, which he found established. That Parliament, a few years after, (1774,) secured to the Clergy of that Religion, by Statute, the full enjoyment of their accustomed dues and rights, giv- ing them the sanction of law for the exaction of tithes ; that in the same Statute, the British Parliament de- clared their intention of providing for the encourage- ment of the Protestant Religion, and for the mainte- nance and support of a Protestant Clergy within the Province of Canada. That this intention was carried fully and effectually into execution, in the year 1791, when his Majesty called upon Parliament, by Royal Message, to concur with him in making a permenant appropriation of lands, in both the Provinces of Cana- 30 da, for the maintenance and support of a Protestant Clergy, and when Parliament, in consequence of that Royal Message, declared their purpose of effectually fulfilling his Majesty's gracious intention, and of pro- viding for the due execution of the same in all time to come, and proceeded by the Statute, 31 Geo. 3. c. 31, to authorise the setting apart the allotments of land which form " the Clergy Reserves." ^:h;- That the enactments contained in this Statute, for effecting this declared object of his Majesty and the British Parliament, have not to this time been altered by any subsequent Statute in any particular that can affect their legal operation ; so that, in order to de- termine what right the Church of England or Church of Scotland, or any other religious community can legally claim in the Clergy Reserves or the proceeds of them, the question is still confined to the words of that Statute, aided by such helps to the construction of it as can properly be admitted from the circumstan- ces under which the Statute was passed, the history of its passing, the evidence of contemporaneous con- struction, and the light in which its provisions have been found to be viewed, and the understanding with which they were carried into effect by those with whom it properly rested to place a construction upon the Statute, in Great Britain and in the Colony, f ,. That ribout thirty years after the passing of the Act, questions were raised upon the object of its provi- sions ; and the members of the Church of Scotland, 31 in particular, advanced a claim to participate in the Reserves, or their proceeds,— ;/{r«<, on the ground that that Church is included in the words of the Statute ; and secondly, on the principle that, as a National Church, she has a just claim to support, and ought to be considered as coming within the spirit and inten- tion of the Statute, unless the words can be shewn expressly to exclude her : That not long after, application was made to the Legislature of the Colony and to the Government in England, on behalf of all other denominations of Pro- testants generally, setting forth a claim on their part to participate in the advantages of the Clergy Re- serves, which claim, it is proper to mention, received the support of the House of Assembly : That upon the claim of the Church of Scotland, or of any other religious community, grounded upon the legal operation of the Statute, no decision has yet been pronounced by any judicial authority empow- ered to determine the question : That the Crown Officers in England have (in 1819). expressed a qualified opinion in favor of the Church of Scotland, as regards the discretion of the Govern- ment in allowing her to participate in the rents and proceeds of the Reserves, but not as regards the right of her Clergy to hold any portion of the same, in the nature of parochial endowments : \ 32 That the legal adviser of the Colonial Department has expressed an opinion that the Church of Scotland may, if his Majesty thinks fit, have a portion of the lands set apart for the support of her Clergy ; and may also, in the discretion of the Government, be al- lowed to share in the rents or proceeds of the land : That these legal advisers of the Government all concur in the opinion, that the term "Protestant Cler- gy^^ used in the Statute, cannot be extended to the Ministers or Preachers of any dissenting Sect, not forming a Church established by law : That although the construction of this Statute has been in question about fifteen years, no express decla- ration has been made by either House of Parliament in England upon the subject, nor any act done from which the understanding of either House might be implied: . . . '.'f '? VS >■;»:'• '.' r That a Select Committee of the House of Com- mons have deliberated npon the Act, and that having received opinions respecting it, and examined wit- nesses, they have made a report in which they decline venturing any opinion upon the legal effect of the Statute, but express their conviction that it was in- tended by its provisions to enable his Majesty, if he should think fit, to apply the money arising from the Reserves to any Protestant Clergy — not, however, expressly defining what they mean by the term " Clergy :" 33 That this report did not, as your Committee believe, undergo a public discussion in the House of Commons in the Session in which it was made, nor at any time afterwards ; nor has a vote of concurrence in the re- port ever been proposed in that House, within the knowledge of your Committee : That his Majesty^s Government have evidently an earnest desire to arrive at a satisfactory adjustment of the question^ and so recently as 1832, have communi- cated to the Legislature of this Province a proposition, that the Reserves should, by a Colonial Act, be vested in his Majesty discharged from any trust created by 31st Geo. 3. : That in this communication his Majesty speaks of the Reserves "as having been set apart as a provision "for the Clergy of the Established Churches ofEng- " land and Scotland, declaring the sacred obligation " incumbent upon him to watch over the interests of " all the Protestant Churches within his dominions, " and that his Majesty can never consent to abandon " those interests, with a view to any objects of tem- "porary and apparent expediency": That to this recommendation of his Majesty re- specting the vesting of the Clergy Reserves in the Crown, discharged from any trust, no effect has yet been given. That a measure for that purpose has been expressly rejected in one branch of the Legisla- ture, and a Bill introduced of a different nature, which 34 haa for its object the total abolition of this provision^ for the support of Religion, and the depriving the* Crown of the right to dispose of the lands, which, in* case of repealing the provision in question, ought, in the opinion of your Committee, to revert to his Majesty :: That the Protestant Religion has no ;.issurance of public support for its Ministers of any denomination in the Province of Upper Canada, except such as may be derived from the Reserves in question ; nor does it appear to your Committee that such support can be looked for from any other resource. # ■ , This being the actual state of the question, your Committee believe it may be confidently assumed that no Bill of such a nature as is now before them- will receive the concurrence of the Legislative Coun- cil : and indeed it is manifest that, if there were no doubt as to the power of this Legislature to pass such a Bill, subject to the confirmation of his Majesty and the British Parliament, the attempt to do &o could not be successful ; for it is not to be supposed that his Majesty and the British Parliament will disregard ob- ligations admitted to be sacred, and surrender inter- ests which his Majesty has solemnly pledged himself ^' should not be abandoned with a view to any objects^ " of temporary and apparent expediency," i .;rv7 r ■ r , ;, ; .y-r''3d, contain ing any provisions which shall io any manner relate to or affect thj enjoy- meRt or exercise of any religious form or mode of worship : or shall impose or create any penalties, burthens, disabilities, or dis- qualifications, in respect of the same ; or shall in any manner relate to or affect the paymeiJ, recovery or enjoyment, of any of the ac- customed dues or rights hereinbefore mentioned ; or shall in any manner relate to the granting, imposing, or recovering any other dues or stipends, or muuluiuents whatever, to be paid to or for the use of any Minister, Priest, Ecclesiastic or Teacher, according to any religious fojn* or mode of worship, in respect of his said offico or function ; or shall h\ any manner relate to or aflect the bstab- lishraent or discipline of the Church of England, amongst the Min- isters and members thereof within the said Provinces ; or shall in 52^ APPENDIX. any maoner relate to or affect the King*s prerogative touching the- granting of waste lands of the Crown within the said Provinces^ every such Act or Acts shail^ previous to any declaration or signifi- cation of the King's assent theretOr be laid before both Houses of Parliament in Great Britain ; and that it shall not be lawful for his Majesty, his Heirs or Successors, to signify his or their assent to any such Act or Acts, until thirty days after the same shall have been laid before the said Houses, or to assent to any such Act or Acts, in case either House of Parliament shaH, within the said thirty days,^ address his Mlajesty, his Heirs or Successor; to withhold his or their assent from such Act or Acts,, and that no such Act shall be valid or effectual to any of the said purposes, within either of the said Provinces, unless the Legislative Council and Assembly of such* Province shall, in the session in which the same shall have been passed by them, have presented to the Governor, Lieutenant GoV' ernor, or person administering the government of such Province, an address or addresses, specifying that such Act contains provi- sions for some of the said purposes herein before specially described,, and desiring that, in order to give effect to the same, such Act should be transmitted to England without delay, for the purpose of being laid before Parliament previous to the signification of his !Majesty*s assent thereto. APPENDIX B. An Act relative to the right of Tithes within this Province, (Pasted by the Legislature of Upper Canada,) (Tb« Royal Assent to this Bill was promulgfated by proclamation, bearing^ date the 20th day of Febraary, 1823.] WHEREAS notwithstanding his Majesty has been graciously pleased to reserve for the support of a Protestant Clergy in this Province, one-seventh of all lands granted therein, doubts have been suggested that the tithe of the produce of land might still be legally demanded by the Incumbent duly instituted, or Rector of any pa- lish -^ Which doubt it is important to the well doing of this Colony to> APPENDIX. 53 iceir unifi- es of jrhis oany been ACtSy r daysr r their 3 valid le said of such< re been It Gov- 'ovince, } provi- iscribedr ich Act rpose of a of bi» (arinfc date iraciously ly in tlii» iiave been Ibe legally If any pa- IColony to- remove ; be it enacted by the Klog*s most excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of UppeL' Canada, constituted and assem- bled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, 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 Go- vernment ef the Province of Quebec, in North America, and to make further provision for the Government of the said Province,* ** and by the authority of the same. That no tithes shall be claimed^ demanded!, or received by any Ecclesiastical Parson, Rector or Vicar, of the Protestant Church within this Province, any law;, 3ceiv- ing such statement or valuation ; which instalment shall be in proportion to the whole amount, according to the ratio hereinafter provided : Provided always^ that if such person neglects or refuses to pay such instalment within the time aforesaid, then, and in that case, the said lands shall be sold at public auction., in the same way and manner as other lands are provided to be so'd by this Act. 9- And be it^ S^c. That the Commissioners for their respective Districts shall meet the Collector and Township Cleric in the seve- ral Townships, and form Boards in regular rotation, giving due notice as aforesaid, beginning with the Township containing the greatest number of souls; and no Board shall contirme its sittings more than one week, from the commeiicement of such sitting, in any one Township ; and that in all cases where a Township is not entitled to hold a Township meeting, it shall be taken and consi- dered for the purposes of this Act, to belong to the same Townsiiip to which it belongs for the purposes of Township meetings. 10. And be it, Sfc. That it shall and may be lawful for the seve- ral Commissioners, after forming Boards in the several Townsliips, and after performing and completing the duties imposed upon tUem by the former provisions of this Act, and ihey are hereby required to make out a full and fair list of such lands as remain undisposed of, and record the same in the book as aforesaid; from wliicli list they shall select annually, such lots or parcels as in their disci etiou they shall deem expedient, not exceeding one quarter of whin so remains in any one Township, and expose the same for sale at public auction, to the highest bidder, in the Township in which the land is situated, after first giving public notice of the time and [)hco ^i^ APPEJVDIX. of sale, and the particular lots or parcels of land to be told, by put- ting up a notice in three of the most public places in the Township ; and also causing it to be published in three public newspapers in most extensive circulation in the District, at least six months pre- vious to said sale, and renew their sale every twelve months from the date of their first sale, until the whole be disposed of: Pro- vided always, that such lands shall be put up at such upset price as shall be previously approved of and decided upon by the Board of the said Township. 11. And be it^ S^c, That in case any lot so exposed for sale shall not be sold, or shall be bid ofT by any person, and ths col- ditioos of the sale shall afterwards not be complied with, such lot shall be taken and considered as part of the land yet remaining to be sold, and offered again for sale at the next annual sale, and be subject to the same terms, and liable to be sold in the same way aud manner, as thoughit hid never been so exposed or offered for sale. 12. And be it, Sfc. That the conditions of all sales of lands sold under the provisions of this Act, shall bo one-tenth down, and the lemainder in nine equal annual instalments, wit'i interest : Provided always, that in case the Board of any Township shall think it right and expedient, they may allow any person a reasonable time to pay the first instalment nn any land, which they may find him entitled to purchase at private sale, not ex^oeding, however, the term of six months, free of all charge : Provided also, that any purchaser, upon paying off the whole of the purchase money within tiix months after such sale and purchase, shall be entitled to a de- duction of five pounds, upon every hundred pounds, and so in proportion for any greater or less sum fur the nine last instalments. 13. And be it, Sfc. That when and so often as any lease for any of the reserves .vhich are now given, or hereafter to be given, shall expire, the Commissioners for the District in which the same are situated, shall proceed to sc. the same, in the same way and manner as is provided by this Act for the public sale of other lands : APPENDIX. 81 Provided always, that from and after the first four annual sales, all the lands in any township liable to be sold, shall be exposed for sale at every annual sale, until the whole be sold : Pro- vided always^ that if the lessee, oi any one claiming under him, shall desire again to renew his lease, or become the purchaser of any particular lot, or part of a lot, tract or parcel of said Re- serves, and shall make the same known to the Commissioner for the District for the time being, it shall be the dul}' of said Com- missioner (in case such person desires to purchase) to examine and appraise the said lot, tract or parcel of land, and allow such person to purchase the same, on the same terms and conditions that per- sons are allowed to purchase at private sale under the provisions of this Act : Provided always, that all such land shall be valued at what it would be worth at the time of said valuation, in a state of nature, and no more ; or such Commissioner shall grant a lease for the same, as the case may be. 14. And he it, S^c. That the following persons shall be, and are hereby declared to be the Commissioners for the respective Dis- frictSi who s! all continue to be such until other Commissioners «;hall bo appoinied, as is iiereinafter provided, viz : For the Ottawa District, — Charles Waters. For ihe Eaitern District, — Peter Shaver. For the Johnstown District, — Matthew M. Howard. ' For tlio Bathnrst District, — Donald Fraser. Fur the Midland Dl3trict,™Peter Perry. Fur the Newcastle District, — Ebenczer Perry. for tlio flome District, — .Tesse Ketchum. For the Gore District, — Caleb Hopkins. For the Niagara District, — William WoodrutV. For tho London District, — Charles Duncombe, Fot the Western District, — Francis Baby. For the Prince Edward District, — John Roblin. F ■IP' 82 APPENDIX. Provided always, That in case any one or nioie of llie fiaid Commissioneis, appointed under and by the provisions of this Act, shall refuse to serve as sucli, or shall die, or remove out of the District for which he is appointed, it sliall and may be lawful for the Governor, Lieutenant Governor, or person administering iho Government, to appoint some other person instead thereof. 15. And be i<, S^c. That it shall and may be lawful for the House of Commons of this Province, at any Session of the Legis- lature after the passing of this Act, to appoint by vote of the said House, such person or persons as the said House may deem ex- pedient, instead of any Commissioner or Commissioners that may have been appointed according to tho provisions of this Act. 16. And be it, S^c, That it shall be the duty of the Governor, Lieutenant Governor, or person administering the Government for the time being, to notify the Clerk of the Peace of the respective Districts, of any Commissioners appointed under the provisions of this Act, within thirty days after such appointment ; and it shall be the duty of the Clerk of the Peace for any District leceiving such notice, to acquaint such person of his appointment without delay, and request such person to come forward and qualify him- self for his office according to law ; and in case such person does not qualify himself for the duties of his office, in the way and manner provided in this Act, within tho space of thirty days, such Clerk of the Peace shall, without loss of time, cwnmunicate the circumstance to the Governor, Lieutenant Governor, or person administering the Government for the time being, in order to the appointing another person in their stead. 17. And he it. Sec That no Commissioner appointed under the provisions of this Act, shall enter upon the duties of his office until he has taken and subscribed the oath in the schedule to this Act, marked A., which ho is hereby required to do within the space of thirty days after receiving notice of his appointment, before 'he Clerk of the District, which oath the said Clerk is APPfiNDlX. 83 lieroby authorised tu udminister to such Commissioner, and also enter into bonds for the due performance of the duties of his office, of one thousand pounds, with two good and sufficient sureties, of five hundred pounds each, to be approved by said Clerk, which bond shall be iu the form of the schedule to this Act, marked B., which bond shall be kept in the office of the Clerk of the Peace ; and it shall and may be lawful for any Commissioner so appointed and qualified for any District, (except those Commissioners ap- pointed and named in this Act) and be is hereby authorised and required, to proceed forthwith to demand and receive from his predecessor, his heirs, executors or administrators, all such papers and documents in his or their possession, relating to his office as said Commissioner ; and upon the receipt of the same, to transmit a true and correct copy of all such records as relate to the trans- actions of said Commissioner in the duties of his office, to the Governor, Lieutenant Governor, or person administering the Go- vernment, in order that the same may be laid before the Legisla- ture ; and in case such Commissioner, or his heirs, executors or administrators, shall refuse to deliver over such papers to sucli Commissioner as aforesaid, then such Commissioner shall report the same to the Governor, Lieutenant Governor, or person ad- ministering the Government, in order to the prosecuting of any the bonds of such Commissioner. IS. And he it, *^'c. That it shall and may be lawful for any Commissioner, having sold any lot or parcel of land "pon the credit and on the terms aforesaid, to exchange with such purchaser u counlerpait of a voucher under hand and seal, according to the form to this Act annexed. If). And be it, Sfc. That upon payment of the purchase money, it sliull and may be lawful for the said purchaser, his heirs, ex- ecutors, administrators or assigns, to ask, and for the Commissioner or his successor in office to give a certificate, endorsed upon the back of the said vouchers, that the terms of the sale have been fuKilled on such lot, parcel, or tract of land. 84 APPENDIX. 20. And be i7, Sfc. That the money received from time to time by the Commissioner under this Act, shull be paid into the hands of the Receiver General of this Province, to be applied to the purposes of this Act, and no other. 21. And be it^ <^*c. That upon producing the Commissioner's certificate as aforesaid, with the petition for a deed to the Lieu- tenant Governor in Council, it shall and may be lawful for the Governor in Council to muko an order for a deed to issue to such person, with the least possible delay, and without any fees or other charge therefor. 22. And be it^ <5*c. That every Commissioner receiving monies by sales or otherwise, under this Act, shall, and he is hereby re- quired, immediately, or once in at least three months, to transmit the same to his Majesty's Receiver General, who shall annually prepare an account thereof for the Governor, Lieutenant Governor, or person administering the Government of this Province for the time being, to be by him laid before the Provincial Legislature. 23. Afid be it^ Sfc. That the monies raised and paid into the hands of the said Receiver General as aforesaid, shall be by him credited as a fund under this Act for the support and promotion of Education, in such manner and proportion as shall hereafter be provided by any law of this Province ; and that the said fund shall bo applied to the said purposes, and to no other purposes what- soever. 24. And he it, SfC. Tliut the Commissioner shall exchange with the snid purchaser, a counterpart of a voucher, under hand and seal, in the form Ibllowing : — I, A. 13., Commissioner of the District, under and by virtue of an Act passed , entitled, "An Act," &c. [here insert the title of this Act] have, for the consideration hereinafter mentioned, sold by public auction, [ or otherwise^ as the case may be\ to C. D. of — , in the District, the Clergy Re- APPENDIX. 85 serve known as lot number , [or, as the case may be] in the ■ concession, in tlie Township of , in consideration whereof, the said C. D. halh hereby undertaken to pay me, and my successors, the sum of £> , in the manner following : — Sealed with my seal, and dated at this day of . Witness, 25. And be it^ 6fc. That in case any purchaser of a lot, tract, or parcel of land as aforesaid, under this Act, shall neglect to comply with the conditions of the sale, and thereby forfeit his claim thereto, and shall not within six months from the time when any of the said payments become due, pay all money due, with interest on the same from the time it became due, it shall and may be lawful for the Commissioner, and he is hereby required, to pro- ceed again to the sale of such lot, in the same manner as if it had never been put up at auction; and every purchaser tliereof at any second or subsequent sale from forfeiture as aforesaid, shall, and he is hereby empowered, to proceed against any person or persons withholding the peaceable possession from him, in the same manner and form as a for a forcible detainer by the laws of ibis Provitjce. KxTRACT ■ 86 APPENDIX. APPENDIX I. IC ti (i l« ti C( (t ti tl ti Extract of a Letter from R. W. Hay, Esquire, to the Honorable J. K. Stewart, dated JJawning- Street, 23rd April, 1834. In consequence of the withdrawal of the aid heictofore received from Parliaxnent, the Society for the Propagation of the Gospel appears to have found it impossible to maintain its former es- tablishments ; and it announced last year that in Upper Canada, where Government had been able to provide an annual payment of £100 to each Missionary at present employed, the present average being £200, the allowances of the Society to its Mis- sionaries would be discontinued after the year 1834; and that in all the other North Amoricau Colonies they would be reduced by one-half, after the year l8vS5." FiiHted \ty order of the Hosorabi.k the LtfiisLA-nvK Coum u., ■ to vg- ved spel es- lent sent ^is- t ill ced