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PAPISTS IN THE COLONIES.

visions made

14 George 3, CAP. 83, Secs. 4—7.—An act for making more effectual provision for the government of the province of Quebec in

North America. Former pro

IV. Whereas the provisions, made by the said proclamation, in for the pro- respect to the civil government of the said province of Quebec, and vince to be the powers and authorities given to the governor and other civil after May 1, officers of the said province, by the grants and commissions issued 1775. in consequence thereof, have been found, upon experience, to be

inapplicable to the state and circumstances of the said province, the inhabitants whereof amounted, at the conquest, to above sixty-five thousand persons professing the religion of the church of Rome, and enjoying an established form of constitution and system of laws, by which their persons and property had been protected, governed, and ordered, for a long series of years, from the first establishment of the said province of Canada ; be it therefore further enacted by the authority aforesaid, that the said proclamation, so far as the same relates to the said province of Quebec, and the commission under the authority whereof the government of the said province is at present administered, and all and every the ordinance and ordinances made by the governor and council of Quebec for the time being, relative to the civil government and administration of justice in the said province, and all commissions to judges and other officers thereof, be, and the same are hereby revoked, annulled, and made void, from and after the first day of May, one thousand seven hun

dred and seventy-five. Inhabitants V. And for the more perfect security and ease of the minds of may profess

the inhabitants of the said province, it is hereby declared, that his the Romish majesty's subjects, professing the religion of the church of Rome of religion,

and in the said province of Quebec, may have, hold, and enjoy, the the king's free exercise of the religion of the church of Rome, subject to the as by actư king's supremacy, declared and established by an act, made in the the clergy

first year of the reign of queen Elizabeth, over all the dominions and enjoy their countries which then did, or thereafter should belong, to the impeaccustomed rial crown of this realm ; and that the clergy of the said church may

hold, receive, and enjoy, their accustomed dues and rights, with respect to such persons only as shall profess the said religion.

VI. Provided nevertheless, that it shall be lawful for his majesty, may be made his heirs or successors, to make such provision out of the rest of the jesty for the said accustomed dues and rights, for the encouragement of the prosupport of the protes

testant religion, and for the maintenance and support of a protestant tant clergy. clergy within the said province, as he or they shall, from time to

time, think necessary and expedient.

VII. Provided always, and be it enacted, that no person, prothe Romih fessing the religion of the church of Rome, and residing in the said religion, province, shall be obliged to take the oath required by the said take the oath statute passed in the first year of the reign of queen Elizabeth, or

of Quebec

subject to

,

Eliz.; and

Provision

No person

any other oaths substituted by any other act in the place thereof; of 1 Eliz.; but that every such person who, by the said statute, is required to before the take the oath therein mentioned, shall be obliged, and is hereby governor,&c.

the following required, to take and subscribe the following oath before the gover- oath. nor, or such other person in such court of record as his majesty shall appoint, who are hereby authorised to adminster the same; videlicit, I 4. B. do sincerely promise and swear, that I will be faithful, The oath.

and bear true allegiance to his majesty king George, and him will defend to the utmost of my power, against all traitorous conspiracies, and attempts whatsoever, which shall be made against his person, crown, and dignity; and I will do my utmost endeavour to disclose and make known to his majesty, his heirs and successors, all treasons, and traitorous conspiracies, and attempts, which I shall know to be against him, or any of them; and all this I do swear without any equivocation, mental evasion, or secret reservation, and renouncing all pardons and dispensations from any power or person whomsoever to the contrary.

So help me God. And every such person, who shall neglect or refuse to take the said Persons reoath before mentioned, shall incur and be liable to the same penal- oath to be ties, forfeitures, disabilities, and incapacities, as he would have subject to incurred and been liable to for neglecting or refusing to take the by act 1 Eliz. oath required by the said statute passed in the first year of the reign of queen Elizabeth.

31 GEORGE 3, Cap. 31, Sec. 35.-An act to repeal certain parts of an act, passed in the fourteenth year of his majesty's reign, intituled, an act for making more effectual provision for the government of the province of Quebec, in North America; and to make further provision for the government of the said province.

XXXV. Whereas, by the above mentioned act, passed in the 14 G. 3, c. 83, fourteenth year of the reign of his present majesty, it was declared, that the clergy of the church of Rome, in the province of Quebec, might hold, receive, and enjoy their accustomed dues and rights, with respect to such persons only as should profess the said religion ; provided nevertheless, 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 protestant religion, and for the maintenance and support of a protestant clergy within the said province, as he or they should from time to time think necessary and expedient: and whereas by his majesty's Instructions royal instructions, given under his majesty's royal sign manual on 1775, to sir the third day of January, in the year of our Lord one thousand Guy Carlcseven hundred and seventy-five, to Guy Carleton, esquire, now lord Dorchester, at that time his majesty's captain general and governor in chief in and over his majesty's province of Quebec, his majesty was pleased, amongst other things, to direct, that no incumbent professing the religion of the church of Rome, appointed to any parish in the said province, should be entitled to receive any tithes for lands or possessions occupied by a protestant, but that such tithes should be received by such persons as the said Guy Carleton, esquire, his majesty's captain general and governor in chief in and over his majesty's said province of Quebec, should appoint, and should be reserved in the hands of his majesty's receiver general of

and

ton, &c, and

to lord Dor

the said province, for the support of a protestant clergy in his majesty's said province, to be actually resident within the same, and not otherwise, according to such directions as the said Guy Carleton, esquire, his majesty's captain general and governor in chief in and over his majesty's said province, should receive from his majesty in that behalf; and that in like manner all growing rents and profits of

a vacant benefice should, during such vacancy, be reserved for and Instructions applied to the like uses: and whereas his majesty's pleasure has to sir Fradi likewise been signified to the same effect in his majesty's royal mand, and instructions, given in like manner to sir Frederick Haldimand, knight chester, re- of the most honorable order of the Bath, late his majesty's captain cited,

general and governor in chief in and over his majesty's said province of Quebec; and also in his majesty's royal instructions, given in like manner to the said right honorable Guy lord Dorchester, now his majesty's captain general and governor in chief in and over his

majesty's said province of Quebec; be it enacted by the authority and the de- aforesaid, that the said declaration and provision contained in the claration and said above mentioned act, and also the said provision so made by his therein re. majesty in consequence thereof, by his instructions above recited, specting the shall remain and continue to be of full force and effect in each of the clergy of

said two provinces of Upper Canada and Lower Canada respectively, continue in except in so far as the said declaration or provisions respectively, or force.

any part thereof, shall be expressly varied or repealed by any act or acts which may be passed by the legislative council and assembly of the said provinces respectively, and assented to by his majesty, his heirs or successors, under the restriction hereinafter provided.

the church of Rome to

SPACE LEFT

FOR REFERENCE, IF NECESSARY,
TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844.

PARISH CLERKS AND LECTURERS.

may be re

other clerical

certain cases

7 & 8 VICTORIA, CAP. 59.-An act for better regulating the offices of lecturers and parish clerks. —Whereas in divers districts, parishes, and places there now are or hereafter may be certain lecturers or preachers in the holy orders of deacon or priest of the united church of England and Ireland elected or otherwise appointed to deliver or preach lectures or sermons only, without the obligation of performing other clerical or ministerial duties: and whereas it is expedient in many cases that such lecturers or preachers should be authorized and required to perform other clerical and ministerial duties, and to act, if necessary, as assistant curates in such districts, parishes, or places: be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this Lecturers or act it shall be lawful for the bishop of the diocese wherein

preachers such

any lecturers or preachers shall be so elected or appointed as aforesaid, quired to

perform if he shall think fit, with the assent of the incumbent of every such district, parish, or place, to require, by writing under his hand and duties in seal, any such lecturer or preacher to undertake and perform such other clerical or ministerial duties, as assistant curate or otherwise, within such district, parish, or place, as the said bishop, with the assent of such incumbent as aforesaid, shall think proper, and also to vary from time to time, if necessary, and with the like assent, the particular duties so required to be performed as aforesaid; and in case such lecturer or preacher shall at any time refuse or neglect duly and faithfully to perform such additional duties, and to act in the manner required by the said bishop as aforesaid, it shall be lawful for the said bishop to summon the said lecturer or preacher to appear before him, and thereupon the said bishop, with the assistance of one at least of the archdeacons and also of the chancellor of such diocese, shall proceed summarily to inquire into the facts of the case, and to adjudicate thereon, and, if necessary, to suspend or remove the said lecturer or preacher from his said office, and to declare the same vacant; but nevertheless such lecturer or preacher may, within fourteen days next after the passing or making of

any such sentence or declaration, appeal therefrom to the archbishop of the province, who shall thereupon forth with summarily hear and determine the same; and if no such appeal be made within the time aforesaid, or if the said sentence or declaration shall upon such appeal be affirmed by the said archbishop, the said bishop shall then cause the same to be forth with duly published in the church or chapel wherein the said lecturer or preacher hath been used to deliver or preach his said lectures or sermons by virtue of his said office, and thereupon the said office shall be and be deemed to be vacant, and the parties entitled to elect or appoint a person to the same shall be entitled and required to elect or appoint a successor

Power to ap

act as assis. tant curates,

thereto, in the same manner as if the said lecturer or preacher were dead, and the right and interest of such lecturer or preacher to and

in the said office, and to and in all the emoluments and advantages Saving the thereof, shall wholly cease and determine; provided that nothing sent holders. herein contained shall affect or be deemed applicable to any lecturer

or preacher who shall have been elected or appointed to his said office before the passing of this act, unless such lecturer or preacher shall consent to be bound thereby.

II. And be it enacted, that when and so often after the passing of point per: sons in holy this act as any vacancy shall occur in the office of church clerk, orders to the chapel clerk, or parish clerk, in any district, parish, or place, it shall church clerk, be lawful for the rector or other incumbent or other the person or and to require such

persons entitled for the time being to appoint or elect such church persons to clerk, chapel clerk, or parish clerk as aforesaid, if he shall think fit,

to appoint or elect a person in the holy orders of deacon or priest of if necessary. the united church of England and Ireland to fill the said office of

church clerk, chapel clerk, or parish clerk; and such person so appointed or elected as aforesaid shall, when duly licensed as hereinafter provided, be entitled to have and receive all the profits and emoluments of and belonging to the said office, and shall also be liable in respect thereof, so long as he shall hold the same, to perform all such spiritual and ecclesiastical duties within such district, parish, or place as the said rector or other incumbent, with the sanction of the bishop of the diocese, may from time to time require; but such person in holy orders so appointed or elected as aforesaid shall not by reason of such appointment or election have or acquire any freehold or absolute right to or interest in the said office of church clerk, chapel clerk, or parish clerk, or to or in any

of the profits or emoluments thereof, but every such person in holy orders so appointed or elected as aforesaid shall at all times be liable to be suspended or removed from the said office, in the same manner and by the same authority, and for such or the like causes, as those whereby any stipendiary curate may be lawfully suspended or removed; such suspension or removal nevertheless being subject to the same power of appeal to the archbishop of the province to which any stipendiary curate is or may be entitled.

III. Provided always, and be it enacted, that every such appointby the bishop ment or election as last aforesaid, if made by any other person or

persons than the rector or other incumbent of such district, parish, appointed

or place, shall be subject to the consent and approval of such rector bishop to be

or other incumbent of such district, parish, or place; and that no subject to person in holy orders so appointed or elected as aforesaid shall be the approval of the incum. competent to perform any of the duties of his said office, or any

other spiritual or ecclesiastical duties, within such district, parish, or place, or to receive or take any of the profits or emoluments of his said office, unless and until he shall have duly obtained from the bishop of the diocese within which such district, parish, or place is situate such license and authority in that behalf as are required and usual in respect of stipendiary curates; but nevertheless such license and authority, when so obtained as aforesaid, shall entitle the person so obtaining it to hold the said office, and to receive and take the profits and emoluments thereof as aforesaid,

Such person

to be licensed

and when

otherwise than by the

bent,

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