parliament

the governor

XXXVI. And whereas his Majefty has been graciously pleafed, by His Majefty's message to both boufes of parliament, to express his royal defire to be en- meffage to abled to make a permanent appropriation of lands in the faid provinces, recited. for the fupport and maintenance of a proteftant clergy within the fame, in proportion to fuch lands as have been already granted within the fame by his Majesty: and whereas his Majefty has been graciously pleafed by his faid message, further to fignify his royal defire that fuch provifion may be made, with refpect to all future grants of land within the faid provinces refpectively, as may best conduce to the due and fuffi cient fupport and maintenance of a proteftant clergy within the faid provinces, in proportion to fuch increase as may happen in the population and cultivation thereof: therefore, for the purpose of more effectually fulfilling his Majesty's gracious intentions as aforefaid, and of providing for the due execution of the fame in all time to come, be it enacted by the authority aforefaid, That it fhall and may be lawful His Majefty for his Majefty, his heirs or fucceffors, to authorise the governor may authorife or lieutenant governor of each of the faid provinces refpectively, to make allotor the perfon adminiftering the government therein, to make, ments of lands from and out of the lands of the crown within fuch provinces, for the fupfuch allotment and appropriation of lands, for the fupport and port of a proteftant clergy maintenance of a proteftant clergy within the fame, as may bear in each pro a due proportion to the amount of fuch lands within the fame as vince: have at any time been granted by or under the authority of his Majefty: and that whenever any grant of lands within either of the faid provinces fhall hereafter be made, by or under the authority of his Majefty, his heirs or fucceffors, there fhall at the fame time be made, in refpect of the fame, a proportionable allotment and appropriation of lands for the above-mentioned purpose, within the township or parish to which fuch lands fo to be granted fhall appertain or be annexed, or as nearly adjacent thereto as circumstances will admit; and that no fuch grant fhail be valid or effectual unless the fame fhall contain a specification of the lands fo allotted and appropriated, in refpect of the lands to be thereby granted; and that fuch lands, fo allotted and appropriat ed, shall be, as nearly as the circumftances and nature of the cafe will admit, of the like quality as the lands in refpect of which the fame are so allotted and appropriated, and fhall be, as nearly as the fame can be eftimated at the time of making fuch grant, equal in value to the seventh part of the lands fo granted.

XXXVII. And be it further enacted by the authority aforesaid, That all and every the rents, profits or emoluments, which may and the rents at any time arise from fuch lands fo allotted and appropriated as arifing from aforefaid, fhall be applicable folely to the maintenance and fup- fuch allotport of a proteftant clergy within the province in which the fame ments to be applicable to Thall be fituated, and to no other ufe or purpose whatever. that purpose

XXXVIII. And be it further enacted by the authority afore- folely. faid, That it fhall and may be lawful for his Majefty, his heirs or His Majesty fucceffors, to authorife the governor or lieutenant governor of may authorife the governor, each of the faid provinces refpectively, or the perfon adminifter- with the ading the government therein, from time to time, with the advice vice of the of fuch executive council as fhall have been appointed by his Ma- executive VOL. XXXVII.

X

jefty, council, to

erect parfonages, and endow them;

and the go

fent incum

jefty, his heirs or fucceffors, within fuch province, for the affairs thereof, to conftitute and erect, within every townfhip or parish which now is or hereafter may be formed, conftituted, or erected within fuch province, one or more parfonage or rectory, or parfonages or rectories, according to the establishment of the church of England; and from time to time, by an inftrument under the great feal of fuch province, to endow every fuch parfonage or rectory with fo much or fuch part of the lands fo allotted and appropriated as aforefaid, in refpect of any lands within fuch townfhip or parish, which fhall have been granted fubfequent to the commencement of this act, or of fuch lands as may have been allotted and appropriated for the fame purpose, by or in virtue of any inftruction which may be given by his Majefty, in respect of any lands granted by his Majefty before the commencement of this act, as fuch governor, lieutenant governor, or person adminiftering the government, fhall, with the advice of the faid executive council, judge to be expedient under the then exifting circumftances of fuch township or parish.

XXXIX. And be it further enacted by the authority aforefaid, That it shall and may be lawful for his Majesty, his heirs or fucvernor to pre- ceffors, to authorife the governor, lieutenant governor, or person adminiftering the government of each of the faid provinces them, who are refpectively, to prefent to every such parfonage or rectory an into enjoy the

bents to

fame, as incumbents in England,

and the enjoyment of them, to be

cumbent or minifter of the church of England, who fhall have been duly ordained according to the rites of the faid church, and to fupply from time to time fuch vacancies as may happen therein; and that every perfon fo prefented to any fuch parfonage or rectory, fhall hold and enjoy the same, and all rights, profits, and emoluments thereunto belonging or granted, as fully and amply, and in the fame manner, and on the fame terms and conditions, and liable to the performance of the fame duties, as the incumbent of a parfonage or rectory in England.

XL. Provided always, and be it further enacted by the authoPresentations rity aforefaid, That every fuch prefentation of an incumbent or to parfonages, minifter to any fuch parfonage or rectory, and alfo the enjoyment of any fuch parfonage or rectory, and of the rights, profits, and emoluments thereof, by any fuch incumbent or minister, shall be fubject and liable to all rights of institution, and all other fpiritual and ecclefiaftical jurifdiction and authority, which have been lawfully granted by his Majefty's royal letters patent to the bishop of Nova Scotia, or which may hereafter, by his Majesty's royal authority, be lawfully granted or appointed to be administered and executed within the faid provinces, or either of them respectively, by the faid bishop of Nova Scotia, or by any other perfon or perfons, according to the laws and canons of the church of England, which are lawfully made and received in England.

fubject to the jurifdiction granted to the bishop of Nova Scotia,

&c.

XLI. Provided always, and be it further enacted by the authoProvisions re- rity aforefaid, That the feveral provisions herein-before contained, fpecting the refpecting the allotment and appropriation of lands for the fupport allotment of of a proteftant clergy within the faid provinces, and also respect fupport of a ing the conftituting, erecting, and endowing parfonages or rec

lands for the

2

tories

tories within the faid provinces, and alfo refpecting the prefenta- proteftant tion of incumbents or minifters to the fame, and alfo refpecting clergy, &c. may be varied the manner in which fuch incumbents or minifters fhall hold and or repealed by enjoy the fame, fhall be fubject to be varied or repealed by any the legislative exprefs provifions for that purpose, contained in any act or acts council and which may be paffed by the legiflative council and affembly of the affembly. faid provinces refpectively, and affented to by his Majefty, his heirs or fucceffors, under the reftriction herein-after provided.

council and

effect herein

XLII. Provided neverthelefs, and be it further enacted by the authority aforefaid, That whenever any act or acts fhall be paffed Acts of the by the legislative council and affembly of either of the faid provin- legiflative ces, containing any provifions to vary or repeal the above-recited affembly, condeclaration and provifion contained in the faid act paffed in the taining provifourteenth year of the reign of his prefent Majefty; or to vary or fions to the repeal the above-recited provifion contained in his Majefty's royal mentioned to inftructions, given on the third day of January, in the year of our be laid before Lord one thoufand feven hundred and feventy-five, to the faid parliament, Guy Carleton cfquire, now lord Dorchefter; or to vary or repeal previous to the provifions herein-before contained for continuing the force receiving his and effect of the faid declaration and provifions; or to vary or re- affent, &c. Majefty's peal any of the several provifions herein-before contained refpecting the allotment and appropriation of lands for the support of a proteftant clergy within the faid provinces; or refpecting the conftituting, erecting, or endowing parfonages or rectories within the faid provinces; or refpecting the prefentation of incumbents or minifters to the fame; or refpecting the manner in which fuch incumbents or minifters fhall hold and enjoy the fame: and alfo that whenever any act or acts fhall be fo paffed, containing any provifions which fhall in any manner relate to or affect the enjoyment or exercife of any religious form or mode of worship; or fhall impofe or create any penalties, burthens, disabilities, or difqualifications in respect of the fame; or fhall in any manner relate to or affect the payment, recovery, or enjoyment of any of the accustomed dues or rights herein-before mentioned; or thall in any manner relate to the granting, impofing, or recovering any other dues, or ftipends, or emoluments whatever, to be paid to or for the ufe of any minifter, prieft, ecclefiaftick, or teacher, according to any religious form or inode of worship, in respect of his faid office or function; or fhall in any manner relate to or affect the establishment or difcipline of the church of England, amongst the minifters and members thereof within the faid provinces; or fhall in any manner relate to or affect the King's pres rogative touching the granting the wafte lands of the crown within the faid provinces; every fuch act or acts fhall, previous to any declaration or fignification of the King's affent thereto, be laid before both houfes of parliament in Great Britain; and that it fhall not be lawful for his Majefty, his heirs or fucceffors, to fignify his or their affent to any fuch act or acts, until thirty days after the fame fhall have been laid before the faid houfes, or to affent to any fuch act or acts, in cafe either houfe of parliament fhall, within the faid thirty days, address his Majefty, his heirs

or fucceffors, to withhold his or their affent from fuch act or acts; and that no fuch act shall be valid or effectual to any of the faid purposes, within either of the faid provinces, unless the legislative council and affembly of fuch province fhall, in the feffion in which the fame thall have been paffed by them, have presented to the governor, lieutenant governor, or perfon adminiftering the government of fuch province, an addrefs or addreffes, fpecifying that fuch act contains provifions for fome of the faid purposes herein-before fpecially defcribed, and defiring that, in order to give effect to the fame, fuch act fhould be tranfmitted to England, without delay, for the purpose of being laid before parliament previous to the fignification of his Majefty's affent thereto.

XLIII. And be it further enacted by the authority aforefaid, Lands in Up- That all lands which fhall be hereafter granted within the faid per Canada to be granted in province of Upper Canada fhall be granted in free and common free and com- foccage, in like manner as lands are now holden in free and common foccage, mon foccage, in that part of Great Britain called England; and and alfo in that in every cafe where lands fhall be hereafter granted within the LowerCanada faid province of Lower Canada, and where the grantee thereof

if defired.

Perfons holding lands in UpperCanada,

may have fresh

grants.

Such fresh

grants, not to bar any right

or title to the lands.

fhall defire the fame to be granted in free and common foccage, the fame fhall be fo granted; but fubject nevertheless to fuch alterations, with respect to the nature and confequences of fuch tenure of free and common foccage, as may be established by any law or laws which may be made by his Majefty, his heirs or fucceffors, by and with the advice and confent of the legislative council and affembly of the province.

XLIV. And be it further enacted by the authority aforefaid, That if any perfon or perfons holding any lands in the faid province of Upper Canada, by virtue of any certificate of occupation derived under the authority of the governor and council of the province of Quebec, and having power and authority to alienate' the fame, fhall at any time, from and after the commencement of this act, furrender the fame into the hands of his Majefty, his heirs or fucceffors, by petition to the governor or lieutenant governor, or perfon adminiftering the government of the faid province, fetting forth that he, fhe, or they is or are defirous of holding the fame in free and common foccage, fuch governor or lieutenant governor, or perfon adminiftering the government, shall thereupon caufe a fresh grant to be made to fuch perfon or perfons of fuch lands, to be holden in free and common foccage.

XLV. Provided nevertheless, and be it further enacted by the authority aforefaid, That fuch furrender and grant fhall not avoid or bar any right or title to any fuch lands fo furrendered, or any intereft in the fame, to which any perfon or perfons, other than the perfon or perfons furrendering the fame, thall have been entitled, either in poffeffion, remainder, or reverfion, or otherwise, at the time of fuch furrender; but that every fuch furrender and grant fhall be made fubject to every fuch right, title, and intereft, and that every fuch right, title, or intereft fhall be as valid and effectual as if fuch furrender and grant had never been made.

XLVI. And

XLVI. And whereas by an act passed in the eighteenth year of the reign of his prefent Majefty, intituled, An act for removing all doubts 18Geo.3.c.12. and apprehenfions concerning taxation by the parliament of Great recited, Britain, in any of the colonies, provinces, and plantations in North America, and the West Indies; and for repealing fo much of an act, made in the feventh year of the reign of his present Majefty, as impofes a duty on tea imported from Great Britain into any colony or plantation in America, or relates thereto, it has been declared, "That the King and parliament of Great Britain will not impofe any duty, tax, or assessment whatever, payable in any of bis Majefly's colonies, provinces, and plantations in North America or the Weft Indies, except only fuch duties as it may be expedient to impofe for the regulation of commerce, the net produce of fuch duties to be always paid and applied to and for the ufe of the colony, province, or plantation in which the fame fhall be refpectively levied, in fuch manner as other duties collected by the authority of the refpective general courts or general affemblies of fuch colonies, provinces, or plantations, are ordinarily paid and applied:" and whereas it is neceffary, for the general benefit of the British empire, that fuch power of regulation of commerce fhould continue to be exercifed by his Majefty, his heirs or fucceffors, and the parliament of Great Britain, fubject nevertheless to the condition herein-before recited, with respect to the application of any duties which may be impofed for that purpose: be it therefore enacted This act not to by the authority aforefaid, That nothing in this act contained fhall prevent the extend, or be conftrued to extend, to prevent or affect the execu- operation of tion of any law which hath been or fhall at any time be made by liament, eftabany act of parhis Majefty, his heirs or fucceffors, and the parliament of Great lishing prohiBritain, for eftablishing regulations or prohibitions, or for impo- bitions or imfing, levying, or collecting duties for the regulation of naviga- pofing duties for the regulation, or for the regulation of the commerce to be carried on be- tion of navigatween the said two provinces, or between either of the said pro- tion and comvinces and any other part of his Majefty's dominions, or be- merce, &c. tween either of the faid provinces and any foreign country or ftate, or for appointing and directing the payment of drawbacks of fuch duties fo impofed, or to give to his Majefty, his heirs or fucceffors, any power or authority, by and with the advice and confent of fuch legislative councils and affemblies refpectively, to vary or repeal any fuch law or laws, or any part thereof, or in any manner to prevent or obftruct the execution thereof.

the use of the

XLVII. Provided always, and be it enacted by the authority aforefaid, That the net produce of all duties which fhall be fo Such duties ta impofed fhall at all times hereafter be applied to and for the ufe of be applied to each of the faid provinces refpectively, and in fuch manner only refpective proas fhall be directed by any law or laws which may be made by his vinces. Majefty, his heirs or fucceffors, by and with the advice and confent of the legislative council and affembly of fuch province.

XLVIII. And whereas, by reafon of the distance of the faid provinces from this country, and of the change to be made by this act in the government thereof, it may be neceffary that there should be fome interval of time between the notification of this act to the faid provinces

X 3

respectively,