from time to time such vacancies as may happen therein; and that every person so presented to any such parsonage or rectory, shall hold and enjoy the same, and all rights, profits, and emoluments thereunto belonging or granted, as fully and ample, and in the same manner, and on the same terms and conditions, and liable to the performance of the same duties, as the incumbent of a parsonage or rectory in England.

40. Provided always, and be it further enacted by the authority aforesaid, that every such presentation of an incumbent or minister to any such parsonage or rectory, and also the enjoyment of any such parsonage or rectory, and of the rights, profits, and emoluments thereof, by any such incumbent or minister, shall be subject and liable to all rights of institution, and all other spiritual and ecclesiastical jurisdiction and authority, which have been lawfully granted by His Majesty'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 said provinces, or either of them respectively, by the said Bishop of Nova Scotia, or by any other person or persons, according to the laws and canons of the church of England, which are lawfully made and received in England.

41. Provided always, and be it further enacted by the authority aforesaid, that the several provisions hereinbefore contained, respecting the allotment and appropriation of lands for the support of a Protestant clergy within the said provinces, and also respecting the constituting, erecting, and endowing parsonages or rectories within the said provinces, and also respecting the presentation of incumbents or ministers to the same, and also respecting the manner in which such incumbents or ministers shall hold and enjoy the same, shall be subject to be varied or repealed by any express provisions for that purpose, contained in any Act or Acts which may be passed by the Legislative Council and Assembly of the said provinces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.

42. Provided nevertheless, and be it further enacted by the authority aforesaid, that whenever any Act or Acts shall be passed by the Legislative Council and Assembly of either of the said provinces, containing any provisions to vary or repeal the above-recited declaration and provision contained in the said Act, passed in the fourteenth year of the reign of his present Majesty; or to vary or repeal the above-recited provision contained in His Majesty's royal instructions, given on the third day of January, in the year of our Lord, one thousand seven hundred and seventy-five, to the said Guy Carleton, esquire, now Lord Dorchester; or to vary or repeal the provisions hereinbefore contained for continuing the force and effect of the said declaration and provisions; or to vary or repeal any of the several provisions hereinbefore contained respecting the allotment and appropriation of lands for the support of a Protestant clergy within the said provinces; or respecting the constituting, erecting, or endowing parsonages or rectories within the said provinces; or respecting the presentation of incumbents or ministers to the same; or respecting the manner in which such incumbents or ministers shall hold and enjoy the same: and also that whenever any Act or

Acts shall be so passed, containing any provisions which shall in any manner relate to or affect the enjoyment or exercise of any religious form or mode of worship; or shall impose or create any penalties, burdens, disabilities, or disqualifications in respect of the same; or shall in any manner relate to or affect the payment, recovery, or enjoyment of any of the accustomed dues or rights hereinbefore mentioned; or shall in any manner relate to the granting, imposing, or recovering any other dues, or stipends, or emoluments whatever, to be paid to or for the use of any minister, priest, ecclesiastic, or teacher, according to any religious form or mode of worship, in respect of his said office or function; or shall in any manner relate to or affect the establishment or discipline of the church of England, amongst the ministers and members thereof within the said provinces; or shall in any manner relate to or affect the King's prerogative touching the granting the waste lands of the Crown within the said provinces; every such Act or Acts shall, previous to any declaration or signification of the King's assent thereto, 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 shall, within the said thirty days, address His Majesty, his heirs or successors, 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-Governor, or person administering the government of such province, an address or addresses, specifying that such Act contains provisions for some of the said purposes hereinbefore 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.

43. And be it further enacted by the authority aforesaid, that all lands which shall be hereafter granted within the said province of Upper Canada shall be granted in free and common soccage, in like manner as lands are now holden in free and common soccage, in that part of Great Britian called England; and that in every case where lands shall be hereafter granted within the said province of Lower Canada, and where the grantee thereof shall desire the same to be granted in free and common soccage, the same shall be so granted; but subject nevertheless to such alterations, with respect to the nature and consequences of such tenure of free and common soccage, as may be established by any law or laws which may be made by His Majesty, his heirs or successors, by and with the advice and consent of the Legislative Council and Assembly of the province.

44. And be it further enacted by the authority aforesaid, that if any person or persons holding any lands in the said 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 same, shall at any time, from and after the commencement of this Act, surrender the same into the hands of His Majesty, his heirs or successors, by petition to the Governor or Lieutenant-Governor, or person administering the government of the said province, setting forth that he, she, or they, is or are desirous of holding the same in free and common soccage, such Governor or Lieutenant-Governor, or person administering the government, shall thereupon cause a fresh grant to be made to such person or persons of such lands, to be holden in free and common soccage.

45. Provided nevertheless, and be it further enacted by the authority aforesaid, that such surrender and grant shall not avoid or bar any right or title to any such lands so surrendered, or any interest in the same, to which any person or persons, other than the person or persons surrendering the same, shall have been entitled, either in possession, remainder, or reversion, or otherwise, at the time of such surrender; but that every such surrender and grant shall be made subject to every such right, title, and interest, and that every such right, title, or interest shall be as valid and effectual as if such surrender and grant had never been made.

46. And whereas by an Act passed in the eighteenth year of the reign of His present Majesty, intituled, an Act for removing all doubts and apprehensions concerning taxation by the Parliament of Great Britian, in any of the colonies, provinces, and plantations in North America, and the West Indies; and for repealing so much of an Act, made in the seventh year of the reign of His present Majesty, as imposes 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 Britian will not impose any duty, tax, or assessment whatever, payable in any of His Majesty's colonies, provinces, and plantations in North America or the West Indies, except only such duties as it may be expedient to impose for the regulation of commerce, the nett produce of such duties to be always paid and applied to and for the use of the colony, province, or plantation in which the same shall be respectively levied, in such manner as other duties collected by the authority of the respective general courts or general assemblies of such colonies, provinces, or plantations, are ordinarily paid and applied:" and whereas it is necessary, for the general benefit of the British Empire, that such power of regulation of commerce should continue to be exercised by His Majesty, his heirs or successors, and the Parliament of Great Britian, subject nevertheless to the condition hereinbefore recited, with respect to the application of any duties which may be imposed for that purpose: be it therefore enacted by the authority aforesaid, that nothing in this Act contained shall extend, or be construed to extend, to prevent or affect the execution of any law which hath been or shall at any time be made by His Majesty, his heirs or successors, and the Parliament of Great Britain, for establishing regulations or prohibitions, or for imposing, levying, or collecting duties for the regulation of navigation, or for the regulation of the commerce to be carried on between the said two provinces, or between either

of the said provinces and any other part of His Majesty's dominions, or between either of the said provinces and any foreign country or state, or for appointing and directing the payment of drawbacks of such duties so imposed, or to give to His Majesty, his heirs or successors, any power or authority, by and with the advice and consent of such Legislative Councils and Assemblies respectively, to vary or repeal any such law or laws, or any part thereof, or in any manner to prevent or obstruct the execution thereof.

47. Provided always, and be it enacted by the authority aforesaid, that the nett produce of all duties which shall be so imposed shall at all times hereafter be applied to and for the use of each of the said provinces respectively, and in such manner only as shall be directed by any law or laws which may be made by His Majesty, his heirs or successors, by and with the advice and consent of the Legislative Council and Assembly of such province.

48. And whereas, by reason of the distance of the said provinces from this country, and of the change to be made by this Act in the government thereof, it may be necessary that there should be some interval of time between the notification of this Act to the said provinces respectively, and the day of its commencement within the said provinces respectively: be it therefore enacted by the authority aforesaid, that it shall and may be lawful for His Majesty, with the advice of his Privy Council, to fix and declare, or to authorize the Governor or Lieutenant-Governor of the province of Quebec, or the person administering the government there, to fix and declare the day of the commencement of this Act within the said provinces respectively, provided that such day shall not be later than the thirty-first day of December, in the year of our Lord, one thousand seven hundred and ninety-one.

49. And be it further enacted by the authority aforesaid, that the time to be fixed by His Majesty, his heirs or successors, or under his or their authority, by the Governor, Lieutenant-Governor, or person administering the government in each of the said provinces respectively, for issuing the writs of summons and election, and calling together the Legislative Councils and Assemblies of each of the said provinces respectively, shall not be later than the thirty-first day of December, in the year of our Lord one thousand seven hundred and ninety-two.

50. Provided always, and be it further enacted by the authority aforesaid, that during such interval as may happen between the commencement of this Act, within the said provinces respectively, and the first meeting of the Legislative Council and Assembly of each of the said provinces respectively, it shall and may be lawful for the Governor or Lieutenant-Governor of such province, or for the person administering the government therein, with the consent of the major part of such Executive Council as shall be appointed by His Majesty for the affairs of such province, to make temporary laws and ordinances for the good government, peace, and welfare of such province, in the same manner, and under the same restrictions, as such laws or ordinances might have been made by the Council for the affairs of the province of

Quebec, constituted by virtue of the above-mentioned Act of the fourteenth year of the reign of his present Majesty; and that such temporary laws or ordinances shall be valid and binding within such province, until the expiration of six months after the Legislative Council and Assembly of such province shall have been first assembled by virtue of and under the authority of this Act; subject nevertheless to be sooner repealed or varied by any law or laws which may be made by His Majesty, his heirs or successors, by and with the advice and consent of the said Legislative Council and Assembly.

No. VIII.

À tous les Électeurs du Bas-Canada.

MES COMPATRiotes,

Les efforts que vous avez faits à la dernière élection n'ont pas été inutiles. La Chambre d'Assemblée a eu plus de force qu'elle n'en avait jamais eu. Le paiement de la liste civile y a été proposé avec succès. Mais l'effect en a été terrible; car le Parlement a été cassé*, et vous allez voir des efforts incroyables à la prochaine élection pour faire abandonner les représentants en qui vous aviez confiance. Tout va être mis en œuvre; toutes les gazettes, jusqu'à celle de Quebec, sont employées; et on en a encore mis une nouvelle sur pied en Français. Tous les gens en place et tous ceux qui veulent en avoir sont en mouvement. Le coup a été terrible pour eux; ils l'ont senti jusques dans la moëlle des os; mais quelque chose qu'ils fassent, quelque chose que vous voyez, tenez ferme et soutenez vos représentants.

On croit le moment favorable. On espère nous épouvanter par la liste civile, et que la promptitude avec laquelle vont se faire les élections, ne vous laissera pas le temps de la réflexion.

Vous n'avez point de temps à perdre; allez vous informer au plus vite à ceux en qui vous avez confiance, et faites vous expliquer l'affaire.

On va vous prêcher le ménagement de votre bourse; on va crier aux taxes. Remarquez bien qui sont ceux qui prêchent et qui crient ainsi; si ce sont ceux qui ont coutume de parler de ménagement et de crier contre les taxes.

Ces personnes ne se sont pas récriées de voir augmenter les dépenses civiles tous les ans ; elles ne se sont pas récriées lorsqu'on a proposé de mettre des taxes sur les terres, il y a quelques années. Elles se sont toujours gardées jusqu'ici de vous parler de ces choses; elles jetaient les hauts cris ces dernières années, lorsqu'on publia un compte pour vous donner connaissance des dépenses de la province.

* It will astonish the English reader when he reflects, that the generous offer of the House of Assembly, of paying the civil expenditure of the country, was considered then nearly equal to high treason, and produced an immediate dissolution of Parliament. He will, however, easily discover the cause, on reading the present address.