The Special sist of not less Repeal of making of permanent Laws; but all permanent Laws to be laid for Thirty Day's before Parliament previous to being confirmed. 2 & 3 VICT making of Laws or Ordinances for the Government of the said Province by the Governor thereof, with the Advice and Consent of the Majority of the Councillors present at any Meeting of the Council: And whereas it is expedient that " some of the Provisions contained in the said lastly-recited Act should be altered:' 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 the Number of Councillors forming the Special Council in manner provided by the said Act passed in the last Session of Parliament shall not be less than Twenty, and that no Business shall be transacted at any Meeting of the said Special Council at which there are not present at least Eleven Councillors. II. And be it enacted, That from and immediately after the passing of this Act so much of the said recited Act passed in preventing the the last Session of Parliament as provides that no Law or Ordinance made by the Governor of the said Province of Lower Canada, with such Advice and Consent as therein mentioned, shall continue in force beyond the First Day of November One thousand eight hundred and forty-two, unless continued by competent Authority, shall be and the same is hereby repealed: Provided always, that every Law or Ordinance which by the Terms and Provisions thereof shall be made to continue in force after the said First Day of November One thousand eight hundred and forty-two shall be laid before both Houses of Parliament within Thirty Days after a Copy thereof shall be received by One of Her Majesty's Principal Secretaries of State, under the Provisions of the said Act of the last Session of Parliament, if Parliament shall be then sitting, or otherwise within Thirty Days after the then next Meeting of Parliament; and no such Law or Ordinance shall be confirmed or declared to be left to its Operation by Her Majesty until such Law or Ordinance shall first have been laid for Thirty Days before both Houses of Parliament, or in case either House of Parliament shall, within the said Thirty Days, address Her Majesty to disallow any such Law or Ordinance. Repeal of the 1 & 2 Vict. c. 9. no new Tax to be levied except for Pub lic Works and Objects of Municipal Government; and such Taxes not to be appropriated by Government. III. And be it enacted, That from and immediately after the passing of this Act so much of the said recited Act passed in the last Session of Parliament as provides that it shall not be lawful, by any such Law or Ordinance as therein mentioned, to impose any Tax, Duty, Rate, or Impost, save only in so far as any Tax, Duty, Rate, or Impost which at the passing of that Act was payable within the said Province of Lower Canada might be continued, shall be and the same is hereby repealed: Provided always, that it shall not be lawful for the said Governor, with such Advice and Consent as aforesaid, to make any Law or Ordinance imposing or authorizing the Imposition of any new Tax, Duty, Rate, or Impost, except for carrying into effect local Improvements within the said Province of Lower Canada, or any District or other local Division thereof, thereof, or for the Establishment or Maintenance of Police, or other Objects of Municipal Government, within any City or Town or District or other local Division of the said Province: Provided also, that in every Law or Ordinance imposing or authorizing the Imposition of any such new Tax, Duty, Rate, or Impost, Provision shall be made for the levying, Receipt, and Appropriation thereof by such Person or Persons as shall be thereby appointed or designated for that Purpose, but that no such new Tax, Rate, Duty, or Impost shall be levied by or made payable to the Receiver General or any other public Officer employed in the Receipt of Her Majesty's ordinary Revenue in the said Province; nor shall any such Law or Ordinance as aforesaid provide for the Appropriation of any such new Tax, Duty, Rate, or Impost by the said Governor, either with or without the Advice of the Executive Council of the said Province, or by the Commissioners of Her Majesty's Treasury, or by any other Officer of the Crown employed in the Receipt of Her Majesty's ordinary Revenue. ment; but no IV. And be it enacted, That from and after the passing of Repeal of the this Act so much of the said recited Act passed in the last Provision of Session of Parliament as provides that it shall not be lawful for 1& 2 Vict. c. 9. prohibiting the any such Law or Ordinance as therein mentioned to repeal, Alteration of supend, or alter any Provision of any Act of the Parliament of Acts of ParliaGreat Britain, or of the Parliament of the United Kingdom, or Law to be of any Act of the Legislature of Lower Canada, as then consti- made affecting tuted, repealing or altering any such Act of Parliament, shall the Temporal or Spiritual be and the same is hereby repealed: Provided always, that Rights of Eccle it shall not be lawful for the said Governor, with such Advice siastics, or the and Consent as aforesaid, to make any Law or Ordinance Law of Tenure. altering or affecting the Temporal or Spiritual Rights of the Clergy of the United Church of England and Ireland, or of the Ministers of any other Religious Communion, or altering or affecting the Tenure of Land within the said Province of Lower Canada, or any Part thereof, save so far as the Tenure of Land may be altered or affected by any Law or Ordinance which may be made by the said Governor, with such Advice and Consent as aforesaid, to provide for the Extinction of any Seignorial Rights and Dues now vested in or claimed by the Ecclesiastics of the Seminary of Saint Sulpice of Montreal within the said Province, or to provide for the Extinction of any Seignorial Rights and Dues vested in or claimed by any other Person or Persons, or Body or Bodies Corporate or Politic, within the Island of Montreal, or the Island called Ile Jesus, within the said Province. V. And be it enacted, That every Law or Ordinance to be Laws, &c. to be made by the said Governor, with such Advice and Consent as published in aforesaid, shall, before the passing or Enactment thereof, be published at length in the public Gazette of the said Province of Lower Canada. Gazette before passing. VI. And be it enacted, That for the Purposes of this Act Definition of the Person authorized to execute the Commission of Governor the Word Hh 4 Governor. of Act may be amended. of the Province of Lower Canada shall be taken to be the Governor thereof. VII. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament. Judges in An Act to amend the Law relating to the Custody of T WHEREAS it is expedient to amend the Law relating to the Custody of Infants:' 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 after the passing of this Act it shall be lawful for the Lord Chancellor and the Master of the Rolls in England, and for the Lord Chancellor and the Master of the Rolls in Ireland, respectively, upon hearing the Petition of the Mothers to their Mother of any Infant or Infants being in the sole Custody or infant Children, Control of the Father thereof, or of any Person by his Authority, or of any Guardian after the Death of the Father, if he shall see fit, to make Order for the Access of the Petitioner to such Infant or Infants, at such Times and subject to such Regulations as he shall deem convenient and just; and if such Infant or Infants shall be within the Age of Seven Years, to make. Order that such Infant or Infants shall be delivered to and remain in the Custody of the Petitioner until attaining such Age, subject to such Regulations as he shall deem convenient and just. and if such Children be within the Age of Seven Years, for Delivery of them to their Custody until attaining such Age. Affidavits to be received, and Partiesdeposing falsely therein deemed guilty of Perjury. Orders may be No Mother against whom Adultery has been established entitled to Benefit of Act. II. And be it enacted, That on all Complaints made under this Act it shall be lawful for the Lord Chancellor or the Master of the Rolls in England, and for the Lord Chancellor or the Master of the Rolls in Ireland, to receive Affidavits sworn before any Master in Ordinary or Master Extraordinary of the Court of Chancery; and that any Person who shall depose falsely and corruptly in any Affidavit so sworn shall be deemed guilty of Perjury, and incur the Penalties thereof. III. And be it enacted, That all Orders which shall be made by virtue of this Act by the Lord Chancellor or the Master of the Rolls in England, and by the Lord Chancellor or the Master of the Rolls in Ireland, shall be enforced by Process of Contempt of the High Court of Chancery in England and Ireland respectively. IV. Provided always, and be it enacted, That no Order shall be made by virtue of this Act whereby any Mother against whom Adultery shall be established, by Judgment in an Action for Criminal Conversation at the Suit of her Husband, or by the Sentence of an Ecclesiastical Court, shall have the Custody of of any Infant or Access to any Infant, any thing herein contained to the contrary notwithstanding. V. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed during this present Session of altered this Parliament. Session. CAP. LV. An Act to suspend, until the First Day of August One thousand eight hundred and forty, certain Cathedral and other Ecclesiastical Preferments, and the Operation of the new Arrangement of Dioceses upon the existing Ecclesiastical Courts. [17th August 1839.] WHEREAS an Act was passed in the Session held in the Fifth and Sixth Years of the Reign of King William the Fourth, intituled An Act for protecting the Revenues of 5&6 W.4.c.30. ' vacant Ecclesiastical Dignities, Prebends, Canonries, and Bene 6. fices without Cure of Souls, and for preventing the Lapse thereof, during the pending Inquiries respecting the State of the Estab'lished Church in England and Wales: And whereas another • Act was passed in the following Session, intituled An Act for 6&7W.4.c.67. suspending for One Year Appointments to certain Dignities and Offices in Cathedral and Collegiate Churches, and to Sinecure Rectories: And whereas another Act was passed in the same 'Session, intituled An Act for carrying into effect the Reports of 6&7W.4.c.77. 'the Commissioners appointed to consider the State of the Estab'lished Church in England and Wales with reference to Eccle⚫siastical Duties and Revenues, so far as they relate to Episcopal 'Dioceses, Revenues, and Patronage, in which latter Act are 'contained certain Provisions which were to continue in force 'for One Year after the passing thereof, or, if Parliament 'should be then sitting, till the End of the Session of Par'liament: And whereas the said secondly-recited Act, and the 7 W. 4. & temporary Provisions of the said last-recited Act, have been 1 Vict. c. 71. continued, by Two Acts passed for that Purpose in the Two last Sessions of Parliament, until the First Day of August in 1& 2 Vict c.108. the present Year, and, if Parliament shall be then sitting, until the End of the Session of Parliament: And whereas the • Commission in the said first-recited Act mentioned expired in 'consequence of the Demise of the Crown, but the Inquiries 'thereby directed, and the Measures consequent thereon, have not yet been brought to a Termination, and it is therefore expedient to continue the said secondly-recited Act, and the temporary Provisions of the said thirdly-recited Act, for a • limited Time, and with the Exceptions herein-after mentioned; be it 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 the said secondly-recited Former SusAct, and the said temporary Provisions of the said thirdly- pension Acts recited Act, shall continue and be in force until the First 6 Day continued for a Year. Exceptions. Day of August One thousand eight hundred and forty, and, if Parliament shall be then sitting, until the End of the then Session of Parliament: Provided always, notwithstanding any thing in this Act or in the said recited Act contained, that upon the Vacancy of any Three Prebends in the Cathedral Church of Canterbury in the Patronage of the Crown it shall be lawful for Her Majesty to appoint a Successor to the Third of such vacant Prebends, and upon the Vacancy of any Two Prebends in the same Church in the Patronage of the Lord Archbishop of Canterbury it shall be lawful for the said Archbishop to appoint a Successor to the Second of such vacant Prebends; and that upon the Vacancy of any Two Canonries or Prebends Residentiary in either of the Cathedral Churches of Bristol, Chester, Ripon, Salisbury, or Wells, it shall be lawful to appoint or elect a Successor to the Second of such vacant Canonries or Prebends Residentiary in such Churches respectively; and that upon the Vacancy of Two Prebends in either of the Cathedral Churches of Gloucester, Norwich, or Rochester, besides the Prebends which are respectively annexed to the Masterships of Pembroke College in Oxford, and of Catherine Hall in Cambridge, the Provostship of Oriel College in Oxford, and the Archdeaconry of Rochester, respectively, it shall be lawful to appoint a Successor to the Second of such vacant Prebends in such Churches respectively; and that upon the Vacancy of any Three Canonries or Prebends Residentiary in either of the Cathedral Churches of Ely, Exeter, Winchester, or Worcester, or in the Collegiate Church of Saint Peter, Westminster, or in Her Majesty's Royal Free Chapel of Saint George in Windsor, besides the Prebend in the said Church of Worcester which is annexed to the Lady Margaret's Professorship of Divinity in the University of Oxford, it shall be lawful to appoint a Successor to the Third of such vacant Canonries or Prebends Residentiary in such Churches respectively; and that nothing in the said recited Acts or in this Act contained shall prevent the Appointment of the Reverend Henry Jenkyns, Professor of Greek in the University of Durham, to the Prebend in the Cathedral Church of Durham designed for him by the late William Bishop of Durham, and now held by Richard Prosser, Doctor of Divinity, if the same shall become vacant; and that upon the Vacancy of any other Three Prebends in the same Cathedral Church, besides the Fourth Prebend, which is by an Act passed in the Second Year of His late Majesty's Reign to be annexed to the Archdeaconry of Durham, it shall be lawful to appoint a Successor to the Third of such vacant Prebends; and that in the same Cathedral Church, and in the said Collegiate Church of Saint Peter, Westminster, it shall be lawful to fill up any Vacancy whereby the Number of Prebendaries in such Two last-mentioned Churches respectively shall be reduced below the Number of Six; and that when the Canonry and Prebend in the Cathedral Church of Hereford now held by Henry Charles Hobart shall become vacant it shall be lawful to appoint a Successor thereto. II. And |