such Permis

sion, or on allowing other Clergy to officiate.

Penalty on officiating contrary to recited

Acts or this

Act, save as herein inentioned.

Deacons or

dained Priests in England or Ireland.

Admissions, &c. to Benefices and

Curacies contrary hereto void.

Proviso.

Not to affect the Act

59 G. 3. c. 60.

land and Ireland, or of any Her Majesty's Foreign Possessions, to officiate in any Church or Chapel of which he is Incumbent or Curate, shall for the first Offence be liable to be called to appear before the Bishop of the Diocese in Person, and, if he show no sufficient Cause to the contrary, to be publicly or privately monished, at the Discretion of the said Bishop; and for the second and every subsequent Offence, if a Curate, he shall, after having been in like Manner called to appear, and showing no sufficient Cause to the contrary, be liable to be removed, or to be temporarily suspended from his Curacy, at the Discretion of the said Bishop; and if an Incumbent, he shall, on Proof of the Offence in due Course of Law, be suspended from his Office and Benefice for any Time not exceeding Three Months, or be subject to other Ecclesiastical Censures; and the said Bishop shall, during any such Suspension, provide for the Performance of the Spiritual Duties of such Benefice, by Sequestration or otherwise, as in the Case of Non-residence.

V. And be it enacted, That if any Bishop or Priest of the Protestant Episcopal Church in Scotland or in the United States of America shall, save as herein-before mentioned, or if any Deacon of either of such Churches, shall officiate, contrary to the Provisions of the said recited Acts, in any Church or Chapel in England or Ireland where the Liturgy of the said United Church is used, or if any Bishop, Priest, or Deacon, not being a Bishop, Priest, or Deacon of the United Church of England or Ireland, or of any of Her Majesty's Foreign Possessions, or of the Protestant Episcopal Church in Scotland or in the United States of America, shall officiate in any such Church or Chapel, he shall for every such Offence forfeit and pay the Sum of Fifty Pounds to the Governors of Queen Anne's Bounty, to be recovered, by Action of Debt brought in the Name of the Treasurer of the said Bounty in any of Her Majesty's Courts of Record at Westminster, or in the Courts of Session in Scotland at the Suit of the Public Prosecutor.

VI. And be it enacted, That no Person who has been or shall be ordained a Deacon by any Protestant Bishop other than an Archbishop or Bishop of the United Church of England and Ireland, and who shall after the passing of this Act be ordained a Priest by any Archbishop or Bishop of the United Church of England and Ireland, shall be thereby enabled, save as in this Act is provided, to exercise his Office within England or Ireland. VII. And be it further enacted, That all Admissions, Institutions, and Inductions to Benefices in the Church of England or Church of Ireland, and all Appointments to act as Curates therein, which shall be made contrary to the Provisions of this Act, shall be to all Intents and Purposes null and void: Provided always, that nothing herein shall be construed to affect any Admission, Institution, or Induction to any Benefice or any Appointment as Curate which shall have been made previous to the passing of this Act.

VIII. Provided always, That nothing in this Act contained shall be construed to affect or to repeal any of the Provisions of an Act passed in the Fifty-ninth Year of the Reign of His late

Majesty

Majesty King George the Third, intituled An Act to permit the Archbishops of Canterbury and York, and the Bishop of London, for the Time being, to admit Persons into Holy Orders specially for the Colonies.

CA P. XXXIV.

An Act for making Provision as to the Office of Master in
Chancery in certain Cases.
[23d July 1840.]
WHEREAS by the Act passed in the Forty-sixth Year of

the Reign of His Majesty King George the Third, in- 46 G. 3. c. 128. tituled An Act for making Provision for such Masters in Or'dinary of the High Court of Chancery as from Age or Infirmity 'shall be desirous of resigning their Offices with the Approbation of the said Court, and for augmenting the Income of the Masters in Ordinary of the said Court, no Provision is made for the Pay'ment of any Annuity or retiring Pension to such of the Masters in Ordinary of the High Court of Chancery as, being disabled by any permanent Infirmity from the due Execution of their 'Offices, may by reason of such Infirmity be incompetent duly to resign the same, and it is expedient to provide for such Cases:' 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 it shall be lawful for Lord Chancelthe Lord High Chancellor of Great Britain, or the Lord Keeper lor may grant or Lords Commissioners for the Custody of the Great Seal of Great Annuities to Masters in Britain, by any Order or Orders of the High Court of Chancery, Chancery unto be made from Time to Time on a Petition presented to him able to perform ⚫or them for that Purpose, to order, if he or they shall so think fit, the Duties of an Annuity or clear yearly Sum of Money not exceeding the Sum their Office. of One thousand five hundred Pounds to be paid to such Person or Persons as he or they shall in any such Örder in that Behalf name, out of the Interest and Dividends of the Government or Parliamentary Securities which may at any Time be standing in the Name of the Accountant General of the High Court of Chancery to an Account intituled " Account of Monies placed out for the Benefit and better Security of the Suitors of the High Court of Chancery," and out of the Interest and Dividends of the Government or Parliamentary Securities which may at any Time be standing in the Name of the said Accountant General to an Account intituled "Account of Securities purchased with surplus Interest arising from Securities carried to an Account of Monies placed out for the Benefit and better Security of the Suitors of the High Court of Chancery," or either of them, for the Use and Benefit of any Master in Ordinary of the High Court of Chancery who shall be afflicted with any permanent Infirmity disabling him from the due Execution of his Office, and who shall also by reason of such Infirmity be incompetent duly to resign the same; and in such Order or Orders the Cause or Ground of making the same shall be distinctly specified; and the Annuity or clear yearly Sum of Money mentioned in such Order or Orders shall be paid by the Governor and Company of the Bank of England, out of the Interest and Dividends aforesaid, (but subject and without Prejudice to the Payment of all Salaries and other Sums of Money

by

Annuity not to be granted except upon Production of Medical Certificate.

by the several Acts of Parliament in the said recited Act referred to directed or authorized to be paid thereout,) by even and equal Payments, on the Fifth Day of January, the Fifth Day of April, the Fifth Day of July, and the Tenth Day of October, in every Year, during the Life of such Master in Ordinary, to the Person or Persons in such Order or Orders in that Behalf named; the first of such quarterly Payments, or a proportionate Part thereof, to be calculated from the Date of such Order, to be payable on the first of such Days which shall occur after the Date of such Order, and such Annuity or yearly Sum shall be free from all Parliamentary Taxes; and the Office of such Master in Ordinary, for whose Use and Benefit any such Annuity or Retiring Pension shall have been so ordered to be paid, shall from and after the Date of such Order be and be deemed to be thereby voided and vacant, as well and in the same Manner as if such Master had duly resigned the same; and the Person or Persons to whom such Annuity as aforesaid shall, by virtue of any such Order as aforesaid made under the Authority of this Act, be payable, shall be entitled to receive and shall be paid, in the Place of such Master as aforesaid, and in like Manner as he would if not incapacitated as aforesaid have been paid the same, and for his Use and Benefit, such proportionate Part or Parts of any Salary and Compensation to such Master as may or shall have accrued from the Time when the last Payment of the same respectively was made to such Master to the Day of the Date of the Order for such Annuity as aforesaid.

II. Provided always, and be it enacted, That no such Order shall be made, unless the Lord High Chancellor, Lord Keeper or Lords Commissioners aforesaid, shall have previously received Certificates in Writing, according to the Form in the Schedule to this Act annexed, signed by Three several Medical Persons (Physicians or Surgeons) who shall have been named and appointed by the Lord High Chancellor, Lord Keeper or Lords Commissioners in that Behalf, and each of whom shall have separately visited and examined such Master on Two several Days at the least.

SCHEDULE to which this Act refers.

High Court of Chancery; and I further certify that the said is afflicted with [state fully the Nature of the Affection or Complaint], and that he is thereby permanently disabled from discharging the Duties of his Office as such Master, and that he is also by reason thereof incompetent duly to resign the same.

This

Day of

A. B.
[Physician or Surgeon.]

CAP.

WH

CA P. XXXV.

An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada. [23d July 1840.] WHEREAS it is necessary that Provision be made for the good Government of the Provinces of Upper Canada and • Lower Canada, in such Manner as may secure the Rights and 'Liberties and promote the Interests of all Classes of Her Ma'jesty's Subjects within the same: And whereas to this end it is 'expedient that the said Provinces be re-united and form One • Province for the Purposes of Executive Government and Legis⚫lation: 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 it shall be Declaration of lawful for Her Majesty, with the Advice of Her Privy Council, to Union. declare, or to authorize the Governor General of the said Two Provinces of Upper and Lower Canada to declare, by Proclamation, that the said Provinces, upon, from, and after a certain Day in such Proclamation to be appointed, which Day shall be within Fifteen Calendar Months next after the passing of this Act, shall form and be One Province, under the Name of the Province of Canada, and thenceforth the said Provinces shall constitute and be One Province, under the Name aforesaid, upon, from, and after the Day so appointed as aforesaid.

II. And be it enacted, That so much of an Act passed in the Repeal of Acts, Session of Parliament held in the Thirty-first Year of the Reign

of King George the Third, intituled An Act to repeal certain Parts 31 G. 3. c. 31. of an Act passed in the Fourteenth Year of His Majesty's Reign, intituled An Act for making more effectual Provision for the Go'vernment of the Province of Quebec in North America,' and to make further Provision for the Government of the said Province, as provides for constituting and composing a Legislative Council and Assembly within each of the said Provinces respectively, and for the making of Laws; and also the whole of an Act passed in the Session of Parliament held in the First and Second Years of the Reign of Her present Majesty, intituled An Act to make temporary 1 & 2 Vict. c. 9. Provision for the Government of Lower Canada; and also the whole of an Act passed in the Session of Parliament held in the Second and Third Years of the Reign of Her present Majesty, intituled

An Act to amend an Act of the last Session of Parliament, for 2&3 Vict. c. 53. making temporary Provision for the Government of Lower Canada; and also the whole of an Act passed in the Session of Parliament held in the First and Second Years of the Reign of His late Ma

jesty King William the Fourth, intituled An Act to amend an Act 1& 2 W. 4. c. 23. of the Fourteenth Year of His Majesty King George the Third, for 14 G. 3. c. 88. establishing a Fund towards defraying the Charges of the Administration of Justice and the Support of Civil Government in the Province of Quebec in America, shall continue and remain in force until the Day on which it shall be declared, by Proclamation as aforesaid, that the said Two Provinces shall constitute and be One Province as aforesaid, and shall be repealed on, from, and after such Day: Provided always, that the Repeal of the said several Acts of Parliament and Parts of Acts of Parliament shall not be

held

Composition and Powers of Legislature.

Legislative

Councillors.

held to revive or give any Force or Effect to any Enactment which has by the said Acts, or any of them, been repealed or determined. III. And be it enacted, That from and after the Re-union of the said Two Provinces there shall be within the Province of Canada One Legislative Council and One Assembly, to be severally constituted and composed in the Manner herein-after prescribed, which shall be called "The Legislative Council and Assembly of Canada;" and that, within the Province of Canada, Her Majesty shall have Power, by and with the Advice and Consent of the said Legislative Council and Assembly, to make Laws for the Peace, Welfare, and good Government of the Province of Canada, such Laws not being repugnant to this Act, or to such Parts of the said Act passed in the Thirty-first Year of the Reign of His said late Majesty as are not hereby repealed, or to any Act of Parliament made or to be made, and not hereby repealed, which does or shall, by express Enactment or by necessary Intendment, extend to the Provinces of Upper and Lower Canada, or to either of them, or to the Province of Canada; and that all such Laws being passed by the said Legislative Council and Assembly, and assented to by Her Majesty, or assented to in Her Majesty's Name by the Governor of the Province of Canada, shall be valid and binding to all Intents and Purposes within the Province of Canada.

Appointment of IV. And be it enacted, That for the Purpose of composing the Legislative Council of the Province of Canada it shall be lawful for Her Majesty, before the Time to be appointed for the First Meeting of the said Legislative Council and Assembly, by an Instrument under the Sign Manual, to authorize the Governor, in Her Majesty's Name, by an Instrument under the Great Seal of the said Province, to summon to the said Legislative Council of the said Province such Persons, being not fewer than Twenty, as Her Majesty shall think fit; and that it shall also be lawful for Her Majesty from Time to Time to authorize the Governor in like Manner to summon to the said Legislative Council such other Person or Persons as Her Majesty shall think fit, and that every Person who shall be so summoned shall thereby become a Member of the Legislative Council of the Province of Canada: Provided of Legislative always, that no Person shall be summoned to the said Legislative Council of the Province of Canada who shall not be of the full Age of Twenty one Years, and a natural-born Subject of Her Majesty, or a Subject of Her Majesty naturalized by Act of the Parliament of Great Britain, or by Act of the Parliament of the United Kingdom of Great Britain and Ireland, or by an Act of the Legislature of either of the Provinces of Upper or Lower Canada, or by an Act of the Legislature of the Province of

Qualification

Councillors.

Tenure of Office of Councillor.

Resignation of

Legislative
Councillor.

Canada.

V. And be it enacted, That every Member of the Legislative Council of the Province of Canada shall hold his Seat therein for the Term of his Life, but subject nevertheless to the Provisions herein-after contained for vacating the same.

VI. And be it enacted, That it shall be lawful for any Member of the Legislative Council of the Province of Canada to resign his Seat in the said Legislative Council, and upon such Resignation the Seat of such Legislative Councillor shall become vacant.