4. Nothing in this Act contained shall extend or be construed to extend to authorize the said Justices of the Peace for the said County of Charlotte to sell and convey absolutely and in fee simple any part or the whole of the said shares or divisions of the said tracts of land in the preamble of this Act mentioned, so by them to be held in trust for the said Parish School of Saint Andrews as aforesaid.

5. Nothing in this Act contained shall extend or be construed to affect or interfere with the right or title of the King's Majesty, His Heirs or Successors, or any other person or persons, body politic or corporate, other than the said Justices, Trustees of the Parish School of Saint Andrews, and the Rector of the said Parish respectively.

6. This Act shall be deemed and taken to be a public Act, any thing herein contained to the contrary thereof in any wise notwithstanding.

7th WILLIAM 4th-CHAPTER 29.

An Act to enable the Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Saint John, in the City of Saint John, to sell certain land in the said City.

Section.

1. Authority to sell land, &c.

Section.

2. Proceeds, how disposed of.

Passed 1st March 1837.

WHEREAS the Rector, Church Wardens, and Vestry of Trinity Church, in the Parish of Saint John, in the City of Saint John, are now possessed of a certain lot of land situate and being in the said City, and bounded and described as follows, that is to say,-The eastern or rear part of that certain lot, piece, and parcel of land known and distinguished on the map or plan of that part of the said City lying on the eastern side of the harbour thereof, by the number one hundred and twenty one, bounded on the north by lands belonging to and in the occupation of John Robertson, Esquire, on the east by lands belonging to and in the occupation of Isaac Lawton Bedell, Esquire, on the south by lands belonging to the estate of the late William Donald, Esquire, and on the west by the front part of the same lot number one hundred and twenty one, together also with a right of way from the said rear part of the

same lot to Germain Street: And whereas it is deemed advisable that the interests of the said Rector, Church Wardens, and Vestry of and in the same lot of land should be sold and disposed of, and the proceeds arising from such sale applied either towards the payment of the debt due by them, or else in the purchase of other lands;

Be it therefore enacted, &c.-1. The said Rector, Church Wardens, and Vestry of Trinity Church, be and they are hereby authorized and empowered to make sale and dispose of the said lot of land and premises, with the appurtenances, to the highest bidder at public auction, thirty days notice of the time and place of such sale being first given in one or more of the Newspapers published in the City of Saint John; and thereupon to make and execute a good, legal, and sufficient conveyance of the same in fee, any former law to the contrary notwithstanding; provided always, that no sale and disposition of the said premises shall be made without the consent and approbation of the Bishop of the Diocese being thereto first had and obtained; which consent and approbation shall be manifested by the Archdeacon or Ecclesiastical Commissary of this Province becoming a party to the deed of conveyance of the same premises made under this Act, and by and with the direction of such Bishop signing and sealing the same.

2. The money arising from the sale and disposal of the said premises shall be paid and applied by the said Rector, Church Wardens, and Vestry, either towards the payment of the debts due by them, or else in the purchase of other lands.

4th VICTORIA-CHAPTER 3.

An Act relating to the Parish Church of the Parish of Portland, in the County of Saint John, and to the Church Corporation of the said Parish.

Section.

1. Repeal of what Act.

2. What to be Parish Church of Portland. 3. Grace Church debts and property transferred to Saint Luke's.

WHEREAS in and by an Act

Section.

4. Preference moneys and pew rents, to whom payable.

5. Certain lands to be vested in St. Luke's. 6. What lauds may convey to Madras School. Passed 19th March 1841.

made and passed in the sixth

year of the Reign of His Majesty King William the Fourth, intituled An Act to regulate the election of Church Wardens

and Vestrymen in the Parish of Portland, in the County of Saint John, and to extend such regulations to other Parishes where the sittings in the Church may be free and open, it was enacted-"That the Church Wardens and Vestry of the said Church, so soon as they might be duly elected and chosen, pursuant to the provisions of the said Act, together with the Rector of the said Church for the time being, and their respective successors for ever, should be a body politic and corporate in deed and name, and should have succession for ever, by the name of The Rector, Church Wardens, and Vestry of Grace Church, in the Parish of Portland ;" and it is also further enacted-"That Grace Church should be deemed and taken to be the Parish Church of the said Parish of Portland, until the said Rector, Church Wardens, and Vestry should have erected another Church instead thereof, and the same should be duly consecrated to that purpose and opened for public worship, according to the rites and ceremonies of the Church of England, and in case of the erection of such other Church, all the provisions of the said Act should extend and be construed to extend to the said new Church, in as full and ample a manner as if the same were particularly re-enacted and applied to such new Church:" And whereas since the passing of the said Act, another large and commodious Church has been erected within the said Parish, and has been recently consecrated, and is now used for public worship, by the name of "Saint Luke's Church," the expense of which has been partly defrayed by private subscription, but it was found necessary in order to raise sufficient funds for completing the same, and for making a regular provision for the support of the Minister or Rector of the said Parish, to dispose of pews in the said Church, subject to the payment of annual rents, as is done in the Parish of Saint John, and in the other Parishes of the Province, reserving however free seats for the accommodation of poor persons to the number of two hundred and fifty at least, in consequence whereof the provisions of the said recited Act have become inapplicable to the said Parish of Portland, and it is expedient that the Parish of Portland and Church Corporation therein be placed on the same footing, and elected in like manner as those in other Parishes: And whereas the Rector, Church Wardens, and Vestry of Grace Church,

together with many other Parishioners of the said Parish have, by their Petition to the General Assembly, prayed that an Act may pass for the purpose above mentioned, which Petition has received the sanction of the Lord Bishop of the Diocese, and of the Archdeacon of the said Province: And whereas it is expedient that the said recited Act should be repealed;—

Be it therefore enacted, &c.-1. The said Act, intituled An Act to regulate the election of Church Wardens and Vestrymen in the Parish of Portland, in the County of Saint John, and to extend such regulations to other Parishes where the sittings in the Church may be free and open, shall be and the same is hereby repealed.

2. The said Church called Saint Luke's Church, shall and is hereby declared to be the Parish Church of the said Parish, and the Rector of the said Parish, duly constituted and appointed, together with the Church Wardens and Vestry of the said Church, so soon as they may be duly elected and chosen pursuant to the Acts in force relative to the election of Church Wardens and Vestrymen, and their respective successors for ever, shall be a body politic and corporate in deed and name, and shall have succession for ever by the name of "The Rector, Church Wardens, and Vestry of Saint Luke's Church, in the Parish of Portland."

3. All debts due and owing to the Rector, Church Wardens, and Vestry of Grace Church, in the said Parish of Portland, shall be paid to and may be recoverable by and in the name of the Rector, Church Wardens, and Vestry of Saint Luke's Church aforesaid, in the same manner as if the said debts had been contracted with them; and all property, real and personal, of the said Corporation of Grace Church, shall become vested in the said new Corporation, and shall be holden henceforth by them in the same manner as the former Corporation could have held the same; and the said new Corporation shall be liable to the debts, contracts, and engagements of the old Corporation, and the said new Corporation shall be deemed the lawful successors of the said old Corporation.

4. All purchase or preference moneys and rents due or to become due for pews or sittings in Saint Luke's Church, upon and by virtue of the sales by auction or private bargain to any person or persons, shall be payable to, and may be recoverable

by and in the name of the said Rector, Church Wardens, and Vestry of Saint Luke's Church, in the same manner as if the contracts had been made with them; and in default of such payments, the said Rector, Church Wardens, and Vestry may sue for the same or proceed to a forfeiture of the said pews and sittings, according to the rules or conditions under which the sales or contracts were originally made; provided always, that at least two hundred and fifty free sittings for poor persons shall always be left in the said Church.

5. And whereas in and by a certain indenture bearing date the sixteenth day of April in the year of our Lord one thousand eight hundred and forty, duly executed, acknowledged, and registered, James White, of the City of Saint John, in the Province of New Brunswick, Esquire, and Elizabeth, his wife. for certain consideration therein mentioned, did grant, bargain, and sell unto the Church Corporation of the said Parish, by the name of the Minister, Church Wardens, and Vestry of Grace Church, in the Parish of Portland, in the County of Saint John, in the said Province, their successors and assigns, all that certain lot, piece, and parcel of land, situate, lying, and being in the said Parish of Portland, bounded and described as follows, that is to say,-Beginning at a stake and stones at the intersection of the northern line of the old Indiantown road, so called, by a prolongation of the line running north fifteen degrees east or thereabouts, dividing the lands formerly owned and occupied by the Honorable William Hazen, from the lands formerly owned and occupied by the late James White, Esquire; thence from the said stake and stones northerly by the said prolongation of the said dividing line, till it meets the southwesterly side line of the Queen's land at Fort Howe; thence by the said last mentioned line northwesterly, till it meets the dividing line between the land of the said James White, Esquire, the grantor in the said deed, and the land of James Peters, Esquire; thence southerly by the said last mentioned dividing line to the northern line of the said old Indiantown road; thence by the said line of the said road easterly to the place of beginning; together with all buildings and improvements thereon, and all the rights, members, and appurtenances thereto belonging, to have and to hold the same unto the said Minister, Church Wardens, and Vestry, their successors and assigns, to