Act 12 Vict. III. The Act passed in the twelfth year of Her Majesty's c. 3, repealed. Reign, intituled, An Act to provide for the free admission into Canada, of certain articles of the growth or production of the United States of America, on certain conditions therein mentioned, is hereby repealed. SCHEDULE. Grain, Flour, and Breadstuffs of all kinds, Animals of all kinds, Fresh, smoked and salted meats, Cotton-wool, seeds and vegetables, Undried fruits, dried fruits, Fish of all kinds, Products of fish and of all other creatures living in the water, Hides, furs, skins or tails undressed, Stone or marble in its crude or unwrought state, Slate, Butter, cheese, tallow, Lard, horns, manures, Ores of metals of all kinds, Coal, Pitch, tar, turpentine, ashes, Timber and Lumber of all kinds, round, hewed, sawed, un manufactured in whole or in part, Firewood, Plants, shrubs, and trees, Pelts, wool, Fish oil, Rice, broomcorn, and bark, Gypsum, ground, or unground, Hewn or wrought or unwrought burr or grindstones, Dye-stulls, Flax, hemp, and tow unmanufactured, Unmanufactured tobacco, Rags. CAP. II. Preamble. An Act to make better provision for the appropriation of [Assented to 18th December, 1854.] HEREAS by the Act of the Parliament of Great Britain, passed in the Session held in the thirty-first year of the Reign of His Majesty King George the Third, Imp. Act 31 G. and intituled, An Act to repeal certain parts of an Act passed 3, c. 31, cited. in the fourteenth year of His Majesty's Reign, intituled, "An Act 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," it is among other things enacted, That it shall and may be lawful for His Majesty, His Heirs or Successors, to authorize the Governor or Lieutenant Governor of each of the Provinces of Upper Canada and of Lower Canada respectively, or the person administering the Government therein, to make from out of the Lands of the Crown within such Provinces, such allotment and appropriation of lands as therein mentioned, for the support and maintenance of a Protestant Clergy within the same; and it was further enacted, That all and every the rents, profits and emoluments which might at any time arise from such lands so allotted and appropriated as aforesaid, should be applicable solely for the maintenance and support of a Protestant Clergy within the Province in which the same should be situated, and to no other purpose whatever. And whereas in pursuance of the said Act, such allotments and appropriations of land as aforesaid, have been from time to time reserved for the purposes therein mentioned, which lands are known in this Province by the name of The Clergy Reserves; And whereas by another Act of the Parliament of the United Kingdom, passed in the Session held in the seventh and eighth years of the Reign of King George the Fourth, and intituled, An Act to authorize the Sale of a part of the Clergy Reserves in Imp. Act 7 & the Provinces of Upper and Lonrer Canada, the Governor, S G. 4, c. 62, Lieutenant Governor or Person administering the Government cited. of the said Provinces, or either of them, was empowered with the consent of the Executive Council of such Province, and in pursuance of His Majesty's instructions, to sell-and convey in fee simple, or for any less estate or interest, a part of the said Clergy Reserves in each of the said Provinces, not exceeding in either Province one fourth part of the Reserves within the same, nor exceeding one hundred thousand acres in either of them in any one year, and it was enacted that the proceeds of such sales should, by the proper officers, be invested in the Public Funds of the United Kingdom, and that the Dividends and Interest of the moneys so invested should be appropriated in the manner provided by the said last mentioned Act; and further, that it should be lawful for the Governor, Lieutenant Governor or person administering the Government of either of the said Provinces, with the consent of the Executive Council thereof, and in pursuance of His Majesty's instructions, to give or grant in exchange for any part of the said Clergy Reserves any lands within the said Province, of equal value with such Clergy Reserves so to be taken in exchange, or to accept in exchange for any such Clergy Reserves from any rson or persons any lands of equal value, and that any lands so taken in exchange for any such Clergy Reserves should be holden by the Crown in trust for the purposes to which the Clergy Reserves were appropriated by the Acts firstly and secondly above cited: And whereas by another Act of the said Parliament, Imp. Act 3 & 4 V. c. 78, cited. Imp. Act 16 V. c. 21, cited. Union Act, cited. Parliament, passed in the Session held in the third and fourth years of Her Majesty's Reign, intituled, An Act to provide for the sale of the Clergy Reserves in the Province of Canada, and for the distribution of the proceeds thereof, other and further provision is made for the sale of the whole of the said Clergy Reserves, and for the investment of the proceeds of such sale, and the distribution of the Interest and Dividends on such investments, and of the Interest on sales of Clergy Reserves on credit or Rents arising from Clergy Reserves demised for a term of years, subject to the provision that the quantity of the said Clergy Reserves so to be sold 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, and to other the restrictions and conditions in the said Act mentioned and imposed; and so much of the Act herein first cited as relates to any reservations of land to be made after the passing of the Act herein last cited, in Upper Canada or Lower Canada, for the support and maintenance of a Protestant Clergy, is repealed: And whereas by another Act of the said Parliament passed in the sixteenth year of Her Majesty's Reign, and intituled, An Act to authorize the Legislature of the Province of Canada to make provision concerning the Clergy Reserves in that Province, and the proceeds thereof, it is in effect enacted, That it shall be lawful for the Legislature of the Province of Canada, from time to time, by any Act or Acts to be for that purpose made and enacted in the manner and subject to the conditions required by the Act of the said Parliament passed in the Session thereof held in the third and fourth years of Her Majesty's Reign, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, sections thirty-seven, thirty-eight and thirty-nine, in respect of Acts made and enacted by the said Legislature, to vary or repeal all or any of the provisions of the Act herein last above cited for or concerning the sale, alienation or disposal of the said Clergy Reserves, and for or concerning the investment of the proceeds of all sales then made or thereafter to be made of such Reserves, and for or concerning the appropriation and application of such proceeds and investments, the interests and dividends accruing on Sales on Credit of such Reserves, the Rents of such Reserves for the time being unsold, and all other the profits of or accruing from such Reserves, and (notwithstanding the said Act her in thirdly above cited) to make such other provisions for or concerning the sale, alienation or disposal of the said Clergy Reserves, and such investments as aforesaid, and for or concerning the appropriation and application of such Clergy Reserves, proceeds, investments, interests, dividends, rents and profits, as to the said Legislature may seem meet; subject to the proviso that it shall not be lawful for the said Legislature by any Act or Acts thereof as aforesaid, to annul, suspend or reduce any of the annual stipends or allowances which have been already assigned assigned and given to the Clergy of the Churches of England and Scotland, or to any other religious bodies or denominations of Christians in Canada, (and to which the faith of the Crown is pledged) during the natural lives or incumbencies of the parties now receiving the same, or to appropriate or apply to any other purposes, such part of the said proceeds, investments, interests, dividends, rents and profits as may be required to provide for the payment of such stipends and allowances during such lives and incumbencies: And whereas it is expedient to alter in certain particulars the provisions of the Act thirdly above cited, touching the matters subjected by the Act fourthly above cited to the control of the Legislature of this Province Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows: form two I. The moneys arising from the Clergy Reserves in Upper Ca- Proceeds of nada shall continue to form a separate Fund which shall be Reserves to called The Upper Canada Municipalities Fund, and the moneys funds, one for arising from the Clergy Reserves in Lower Canada shall con- U. C. and one tinue to form a separate Fund, which shall be called The Lower for L. C. Canada Municipalities Fund: consist. 2. The Municipalities Fund for each section of the Province of what such respectively, shall consist of all moneys arising from the sale funds shall of Clergy Reserves in that section of the Province, whether repectively now funded or invested either in the United Kingdom or in this Province, or remaining uninvested, or hereafter to arise from such sales, the Interest and Dividends of moneys forming part of such Fund, the interest upon sales of Clergy Reserves in that Section of the Province, on credit, and rents, issues and profits arising from Clergy Reserves therein demised or to be lemised for any term of years, and other casual and periodical incomings arising from Clergy Reserves therein, after deducting therefrom the actual and necessary expenses attending the sales of the said Clergy Reserves and of managing the same and the Funds aforesaid; and the moneys forming the said Funds Moneys to be shall be paid into the hands of the Receiver General and General's shall be by him applied to the purposes hereinafter men- hands for the tioned, under the authority of this Act, or any General or purposes of Special Order or Orders to be made by the Governor in Council. in Receiver this Act. allowances II. The annual stipends or allowances which had been before Annual the passing of the Act of the Parliament of the United Kingdom, stipends and passed in the sixteenth year of Her Majesty's Reign, and charged on the cited in the Preamble to this Act, assigned or given to the Reserves be Clergy fore the last Imp. Act, to be payable during the lives or incumbency of the present recipients. Recital. Clergy of the Churches of England and Scotland, or to any other Religious Bodies or denominations of Christians in either Section of the Province, and chargeable under the Act of the said Parliament on the Clergy Reserves in such Section, (and to which the faith of the Crown is pledged) shall, during the natural lives or incumbencies of the parties receiving the same at the time of the passing of the said Act, be the first charge on the Municipalities Fund for that Section of the Province, and shall be paid out of the same in preference to all other charges or expenses whatever: Provided always, that the annual ain allowance heretofore payable to the Roman Catholic Church in Upper Canada, and to the British Wesleyan Methodist Church for Indian Missions, shall continue to be payable during the twenty years next after the passing of this Act, and no longer. Provincial government, with consent of parties in terested, may commute such stipends, &c. for their value in money. III. And whereas it is desirable to remove all semblance of connection between Church and State, and to effect an entire and final disposition of all matters, claims and interests arising out of the Clergy Reserves by as speedy a distribution of their proceeds as may be: Be it therefore enacted, that the Governor in Council may, whenever he may deem it expedient, with the consent of the parties and Bodies severally interested, commute with the said parties such annual stipend or allowance for the value thereof, to be calculated at the rate of six per cent. per annum, upon the probable life of each individual; and in the case of the Bodies above particularly specified in the second section of this Act, at the actual value of the said allowance at the time of commutation to be calculated at the rate aforesaid: and such commutation shall be paid accordingly out of that one of the Municipalities Funds upon which such stipend or allowance is made chargeable by this Act: Provided always, that no commutation shall take place but within one year next after the passing of this Act: Provided also, that in case of commutation with either of the said Bodies or Denominations, it shall not be lawful for them or either of them to invest the moneys paid for Bodies not to such commutation, or any part thereof, in Real property of real property, any kind whatsoever, under penalty of forfeiting the same to Her Majesty; and that the said Bodies or Denominations shall lay before the Legislature whenever called on so to do, a statement of the manner in which said moneys shall have been invested or appropriated. Proviso. Proviso: commutation money to Religious be invested in &c. Sufficient of such funds to be retained to &c. while IV. So long as any such stipend or allowance shall be chargeable upon either of the said Municipalities Funds, a portion of such Fund producing annually interest sufficient to pay every such stipend or allowance then chargeable thereon, shall be retained by the Receiver General, and appropriated for that purpose, and if not already invested shall be by him invested in Public British Securities, or in any Provincial Debentures or Securities which under the Act to establish freedom of Banking or any Act amending the same, may be accepted |