Repeal of 1 & 2 Vict. o. 9. Laws to be laid for Thirty Days before Parlia ment previous to being confirmed. 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. Repeal of the Provision of 1 & 2 Vict. c. 9. II. 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 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One thousand eight hundred and forty-two, unless continued by competent Authority, shall be and the same is hereby repealed: Provided always, that every Law or Ordinance which by the Terms and Provisions thereof shall be made to continue in force after the said First Day of November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. 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of that Act was payable within the said Province of Lower Canada might be continued, shall be and the same is hereby repealed: Provided always, that it shall not be lawful for the said Governor, with such Advice and Consent as aforesaid, to make any Law or Ordinance imposing or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, 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. IV. And be it enacted, That from and after the passing of this Act so much of the said recited Act passed in the last Session of any Alteration of Acts of Parliament; but no Law to be made affecting the Temporal or Spiritual Rights of Ecclesiastics, or the Law of Tenure. Parliament as provides that it shall not be lawful for any such Law prohibiting the or Ordinance as therein mentioned to repeal, suspend, or alter Provision of any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom, or of any Act of the Legislature of Lower Canada, as then constituted, repealing or altering any such Act of Parliament, 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 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 made by the said Governor, with such Advice and Consent as aforesaid, shall, before the passing or Enactment thereof, be published at length in the public Gazette of the said Province of Lower Canada. Laws, &c. to be published in Gazette. Definition of VI. And be it enacted, That for the Purposes of this Act the Person authorized to execute the Commission of Governor of the Governor. Province of Lower Canada shall be taken to be the Governor thereof. VII. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed during the present Session of amended, &c. Parliament. CAP. LIV. An Act to amend the Law relating to the Custody of Infants. [17th August 1839.] 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 Judges in after the passing of this Act it shall be lawful for the Lord Chan- Equity may cellor and the Master of the Rolls in England, and for the Lord make Order, on Petition, for Chancellor and the Master of the Rolls in Ireland, respectively, › Access of upon hearing the Petition of the Mother of any Infant or Infants being in the sole Custody or Control of the Father thereof or of infant Children, any Person by his Authority, or of any Guardian after the Death and if such of the Father, if he shall see fit, to make Order for the Access of Children be within the Age the Petitioner to such Infant or Infants, at such Times and subject of Seven Years, to such Regulations as he shall deem convenient and just; and if for Delivery of Ꮓ Ꮞ such them to their Mothers to their Custody until attaining such Age. Affidavits to be received, and 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. 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 Partiesdeposing the Rolls in England, and for the Lord Chancellor or the Master falsely guilty of Perjury. 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 Affidavits so sworn shall be deemed guilty of Perjury, and incur the Penalties thereof. Orders may be enforced by Process of Contempt. No Mother against whom Adultery has been established entitled to Benefit of Act. Act may be amended, &c. 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 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 repealed by any Act to be passed during this present Session of Parliament. CA P. 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.] WE HEREAS an Act was passed in the Session held in the Fifth and Sixth Years of the Reign of King William the 5&6 W.4.c.30. Fourth, intituled An Act for protecting the Revenues of vacant 'Ecclesiastical Dignities, Prebends, Canonries, and Benefices without Cure of Souls, and for preventing the Lapse thereof, during 'the pending_Inquiries respecting the State of the Established • Church in England and Wales: And whereas another Act was 6&7W.4.c.67. passed in the following Session, intituled An Act for 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, inti6&7W.4.c.77. tuled An Act for carrying into effect the Reports of the Commis'sioners appointed to consider the State of the Established Church in England and Wales with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal Dioceses, Revenues, and Patronage, in which latter Act are contained certain Pro'visions 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 Parliament: And whereas the said secondly• recited a Year. ⚫ recited Act, and the temporary Provisions of the said last-recited 7 W. 4. & 'Act, have been continued, by Two Acts passed for that Purpose 1 Vict. c. 71. in the Two last Sessions of Parliament, until the First Day of 1& 2 Vict.c.108 August in 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 expe'dient to continue the said secondly-recited Act, and the tem'porary 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 Act, and the Former Sussaid temporary Provisions of the said thirdly-recited Act, shall pension Acts continue and be in force until the First Day of August One thou- continued for sand eight hundred and forty, and, if Parliament shall be then sitting, until the End of the then Session of Parliament: Provided Exceptions. 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 Church 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, Patron of vacant Patron of any appendant Benefice. First-recited Act to apply to present and future Vacancies. Proviso for Visitations, &c. within new Limits of Dioceses. Not to prevent Appointments to qualify for holding a Deanery or Canonry Residentiary. 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 be it enacted, That during the Vacancy of any Dig nity, Prebend, Canonry, or Benefice without Cure of Souls, which is now vacant under the Provisions of the said recited Acts, or which shall hereafter become vacant during the Continuance of this Act, the Holder or Incumbent of which respectively, if a Successor had been duly admitted thereto, would have been in right thereof the Patron of any Benefice with Cure of Souls, the Patron of such Dignity, Prebend, Canonry, or Benefice without Cure of Souls shall be considered for all legal Purposes to be the Patron for the Time being of any such Benefice with Cure of Souls. III. And be it declared and enacted, That all the Powers and Provisions of the said first-recited Act (except only so far as the same are varied by the said secondly-recited Act) shall extend and apply to all Dignities, Prebends, Canonries, and Benefices without Cure of Souls which have become vacant since the Fourth Day of February in the first-recited Act mentioned, or which shall become vacant during the Continuance of this Act, except only as to so much of the Profits and Emoluments of any Prebend or Canonry to which a Successor has been or may be appointed under the said recited Acts or One of them, or this Act, as may have accrued or may accrue since or after the Appointment of such Successor. IV. Provided always, and be it enacted, That, notwithstanding any thing in this Act or in the said recited Acts contained, any Bishop or Archdeacon may hold Visitations of the Clergy within the Limits of his Diocese or Archdeaconry, and at such Visitations may admit Churchwardens, receive Presentments, and do all other Acts, Matters, and Things by Custom appertaining to the Visitation of Bishops and Archdeacons in the Places assigned to his Jurisdiction and Authority, under or by virtue of the Enactments of the thirdly-recited Act, and any Bishop may consecrate a new Church or Chapel or a new Burial Ground within his Diocese, as assigned under the Provisions of the last-mentioned Act. V. And be it enacted, That, in order to prevent any Difficulty which by reason of the Restrictions contained in the said secondlyrecited Act might occur in any Cathedral Church in the filling up of the Deanery thereof, or of a Canonry Residentiary therein, in consequence of the Provisions of any Statute, or of any Usage or Custom of such Church, nothing in the said secondly-recited Act or in this Act contained shall, during the Vacancy of the Deanery of any Cathedral Church, prevent the Appointment or Collation of any Spiritual Person to any Canonry, Prebend, or Dignity, or his Appoint |