cHap. 1] THE CHURCH IN THE DOMINIONS 1447
or parish in which the lands to be granted were situated.
Such lands so allotted and appropriated were to be, as
nearly as the circumstances and nature of the case admitted,
of the like quality as the lands in respect of which they were
allotted and appropriated, and they were to be, as nearly as
could be estimated at the time of making the grant, equal in
value to the seventh part of the land so granted.
The Governor, with the advice of the Executive Council in
sither province, was authorized to constitute within each
township or parish one or more parsonage or rectory, accord-
ng to the establishment of the Church of England, and to
endow by instrument under the Great Seal of the province
each parsonage or rectory with the portion of the land
appropriated for the maintenance of the Protestant clergy.
To these parsonages His Majesty could authorize the
Governor to present incumbents duly ordained according to
the rites of the Church of England, and these incumbents
were to have the same rights and privileges as the incumbent
of a parsonage or rectory in England. In s. 40 of the Act
there was a saving of the spiritual jurisdiction and authority
accorded by the letters patent of 1787 to the Bishop of
Nova Scotia. The provisions of the Act could be varied
by the Legislative Council and Assembly of either province,
but such Acts required to be laid before both Houses of
Parliament for thirty days before the royal assent could be
signified, and the assent would be refused if either House of
Parliament asked His Majesty so to do. A limited power
of sale] was given in 1827 by 7 & 8 Geo. IV. c. 62.
In the Union Act of 1840 (3 & 4 Vict. c. 35) it was pro-
vided in s. 42 that the Bills to repeal the provisions of the
Act of 1791 must be laid before Parliament for thirty days
before assent. Another Act of the same year (3 & 4 Vict.
c. 78) allowed the sale of all the reserves, the proceeds to be
used in paying the stipends of existing clergy, and the rest
being divided half among the English and Scottish Churches,
and half among other Protestant denominations.
* Cf. Earl Grey, Colonial Policy,i. 253; Pope, Sir John Macdonald, i.
i5seq. Any appearance of establishment vanished by 18 Vict. e. 2, s. 3.