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.