Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VII. The Church in the dominions

Collection:: Economics Books

1448 THE CHURCH IN THE DOMINIONS [PART VII The reservation of these lands was a source of the greatest possible trouble! Fifty-seven rectories were created in 1836 by the Lieutenant-Governor of Upper Canada, Sir John Colborne, and his right of doing so was established in a case decided on August 25, 1852, and reported in full in vols. v and vi of Grant’s Chancery Reports. Difficulties arose in carrying out the provisions; it was contended by other Protestant denominations that it was not proper that the English Church alone should profit by the arrangements, and it was admitted by all the judges when consulted in 1840 that the term ° Protestant clergy ’ would at any rate cover the case of the Church of Scotland, which was an established Church equally with the Church of England. Finally, in 1853 an Imperial Act was passed to authorize the Legisla- tures of the provinces of Canada to make provision con- cerning the Clergy Reserves in the provinces and the proceeds thereof. Under the authority of this statute and of the terms of the Union Act, Clergy Reserves were secularized in 1854 by an Act of the Canadian Parliament (18 Vict. c. 2). The right of the Governor to endow rectories under the authority of the Act of 1791 was taken away by an Act of the Canadian Parliament in 1851 (14 & 15 Vict. ¢. 175), entitled "An Act respecting Rectories.” This Act expressly left the legality of existing endowments to be settled by the Courts of Law, and their legality was declared by the Court of Chancery in 1852. Thus ended the difficulties of the question as to Church reserves in the Dominion 2 In the case of the Maritime Provinces there was no trouble with regard to religious endowments, and though an Act passed by New Brunswick in 1852 to remove the bishop from the Legislative Council was refused the assent of the Crown on the ground that it was an interference with the royal prerogative of appointing members to the Legislative Council, ! See Hincks, Religious Endowments in Canada (London, 1869); Walrond, Letters and Journals of Lord Elgin, pp. 134-44: Houston, Constitutional Documents of Canada, pp. 147, 184. 2 Tt should be noted that nothing was done to touch the Catholic priests’ richts under the Act of 1774, s. 5: MacMullen, History of Canada, p. 528.

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