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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 c. 3, repealed.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of the growth or production of the United States of America, on certain conditions thercin mentioned, is hereby repealed.
Grain, Flour, and Breadstuffs of all kinds,
manufactured in whole or in part,
An Act to make better provision for the appropriation of
[Assented to 18th December, 1854.] Preamble. OT HEREAS by the Act of the Parliament of Great Bri
y tain, 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
, cited. in the fourteenth year of His Majesty's Reign, intituled, “ An
Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province,” 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 Sule of a part of the Clergy Reserves in Imp. Acty & the Provinces of Upper and Lower 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 Execulive 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 instruciions, 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 1rson 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, 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 Actor 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 accrning from such Reserves, and (notwithstanding the said Act hej, 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, interesis, 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 and given to the Clergy of the Churches of Englard 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:
1. 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
form two called The Upper Canada Municipalities Fund, and the moneys 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 :
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 spectively
consist. 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, aiter deducting therefrom the actual and necessary expenses attending the sales of the said Clergy Reserves and of managing the saine and ihe Funds aforesaid; and the moneys forming the said Funds Moneys to be shall be paid into the hands of the Receiver General and
one in Receiver
nd 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."
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
2 allowances passed in the sixteenth year of Her Majesty's Reign, and a cited in the Preamble to this Act, assigned or given to the Reserves be
fore the last Clergy of the Churches of England and Scotland, or to any Im Ac, to be other Religious Bodies or denominations of Christians in either payable during The lives or Section of the Province, and chargeable under the act of the incumbency said Parliament on the Clergy Reserves in such Section, (and of the present to which the faith of the Crown is pledged) shall, during the recipients.
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 shali be paid out of the same in preference to all other charges
or expenses whatever: Provided always, that the annual wain ailowance 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.
III. And whereas it is desirable to remove all semblance of connection between Church and State, and to effeci an entire and final disposition of all matters, claims and interests arising
out of the Clergy Reserves by as speedy a distribution of their Provincial proceeds as may be : Be it therefore enacted, that the Governor government, in Council may, whenever he may deem it expedient, with the
nsent consent of the parties and Bodies severally interested, commute of parties in itiésitd, way with the said parties such annual stipend or allowance for the commute such value thereof, to be calculaied at the rate of six per cent. per stipends, &c.
annum, upon the probable life of each individual; and in the case for their value a in money.
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 Proviso. made chargeable by this Act: Provided always, that no commu
tation shall take place but within one year next after the passing Proviso: of this Act: Provided also, that in case of commutation with
neither of the said Bodies or Denominations, it shall not be money to Religious lawful for them or either of them to invest the moneys paid for Bodies rot to such commutation, or any part thereof, in Real property of be invested in
many kind whatsoever, under penalty of forfeiting the same real properly, &c.
to Her Majesty; and that the said Bodies or Denominations shall lay before the Legislature whenever called on so to do, a statemeni of the marner in which said moneys shall have been invested or appropriated.
Sufficient of IV. So long as any such stipend or allowance shall be such funds to be retained to chargeable upon either of the said Municipalities Funds, a pay stipends, portion of such Fund producing annually interest sufficient to &c. while
pay every such stipend or allowance then chargeable thereon, chargeable on! the said
shall be retained by the Receiver General, and appropriated Funds, for that purpose, and is 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