BOOK I. CHAPTER VIII.

LAWS FOR THE PRESERVATION AND IMPROVEMENT OF RELIGION AND MORALS.

Religion. The act of 1758, 32, G. 2. c. 5, 1 P. L. 7, declared the "sacred rites and ceremonies of divine wor"ship, according to the liturgy of the church established

by the laws of England" should be deemed the fixed form of worship in the Province. Ministers of the Church of England were required to produce testimonials from the Bishop of London, to assent to the book of common prayer, and subscribe to the orders and constitutions of the Church, and the laws established in it. On compliance with these requirements, the governor was directed to induct the minister into any parish that should make presentation of him. The governor and council were authorized to suspend and silence any other persons assuming the functions of Ministers of the Church of England. This jurisdiction of the Governor and council is supposed to be taken away by the subsequent erection of this and the adcent provinces, into an episcopate, of which Halifax is the cathedral church, and Nova Scotia the title. The second

clause of the act provided that protestant dissenters of all denominations should have free liberty of conscience, and might erect and build meeting houses for public worship and choose ministers for performing divine service according to their opinions, and contracts between their clergymen and congregations were declared valid, and all such dissenters were declared to be excused from rates or taxes for the support of the established church of England, and these privileges are all declared to extend to Roman Catholics, by act of 1827, 8, G. 4. c. 33. The five remaining sections were penal enactments against the Roman Catholic Worship, and have been since entirely repealed.*

The township of Halifax was erected into one parish under the name of St. Pauls, by act 1759. 33, G. 2. c. 3. s. 1. 1, P. L. 49, and part of it was set off into another parish by act of 1827, 8 G. 4, c. 30. under the name of St. George's The act of 1759, 33 Geo. 2, c. 10, directs the governor and council to set off new parishes on the erection of new churches, chapels, and places of worship of the English Church. Regulations were originally framed for the parish of St. Paul's, and afterwards received additions, and were made general for all parishes. The following are the acts on this subject:

1767.

7 & 8, G. 3.c. 1.

129.

1812,

52, G. 3. ses. 1. c. 15. 2. P. L. 92.

Under these acts, the parishioners meet in each parish yearly on the first Monday after Easter day, and elect their two churchwardens and twelve vestrymen. Notice must be given to the parishioners previously. The churchwardens and vestry are entitled to exercise the powers of

* By 23 G. 3, c. 9 (1783) 1 P. L. 235 & (1786) 26, G. 3, c. 1, 1 P. L. 245, 7 G 4, c. 18, (1826) 3, P. L. 263, & 8. G. 4, c. 33, (1827), all penal laws of the province against Roman Catholics are entirely abrogated. See also relief bill, 1830. 11, G. 4. c. 1.

the same officers in England-and have corporate powers to hold lands, receive donations, and collect dues. Those elected to be officers must serve or pay £5 (each) fine. The parishioners by a majority of votes may at their annual meeting vote money for the support of their minister, to be levied in half yearly payments assessed according to their abilities to pay. At quarterly meetings on the first Mondays of March, June, September, and December, they may in like manner vote money for repairs of the church, and its usual furniture, ornaments &c. for salaries of organist, clerk and sexton, and clerk of vestry. The churchwardens and vestry act as assessors, and collect assessments, and three other parishioners named by the parishioners, assess those officers. If rates are not paid after a month's notice. the churchwardens may on affidavit of notice obtain a warrant of distress from one Justice of Peace to enforce payment. The parties may appeal to the next sessions, and the decision of the sessions is final. The ministers may sue the churchwardens for the monies they have received, or neglected to receive for the use of the ministers. By the act 1759. 33, G. 2, c. 2. 1. P. L. 48. Quakers are permitted to make solemn affirmation where an oath is required by law, in the following form :—

"I (A. B.) do solemly, sincerely and truly declare and affirm," which is to have the force of an oath in law, except that they are not to give evidence in criminal causes, and it has been thought that they are disqualified from acting as grand jurors, though they have sometimes sat.They must have been of that persuasion for a year before, to entitle themselves to the privilege of this act, and if guilty of affirming falsely incur the same penalties as if they had been sworn. Many difficulties were felt by dis

Note. A grant from one of the early governors gives to the ministers of St. Paul's 9-10ths of the pew rent for his support, as a part of the conditions of the gift of the church and glebe.This is registered in the registry of Deeds at Halifax.

senting congregations owing to the want of corporate powers to hold lands and manage the temporal concerns of their churches, to remedy which, an act was passed in 1828, 9, G. 4. c. 6. comprising a code of regulations on the subject of which the following is an outline. Sec. 1. Any religious society or congregation within the province, containing not less than 20 members of legal capacity to contract, may establish themselves under the act. To form their society under this act, they are to execute a deed in writing under their seals and signatures attested by two or more witnesses. This deed must be entered in a book, to be provided and kept for the purpose by the Society, and (by 2d sec.) it must be registered on the oath of the subscribing Witnesses, in the county or district registry where the society is established, and the registration certified in writing by the registrar on the deed. In this deed they must declare and constitute themselves, and "each and every of them, members of a congregation “ of christians, for public worship and other religious purposes." It is to contain a name or designation for the society, to declare the place where it is established, and the sect of christians with whom it is connected, or chiefly assimilated. It must name two or more members of the society to be trustees, giving them a name of office, and describe by metes and bounds, the lands and tenements conveyed to the congregation, or to any in trust for it, or held and enjoyed by it either as the site of their "church, chapel, or place of meeting for public worship," or for places of interment, or for the residence of their pastor, or for a glebe, "or for the support and maintenance of the said "congregation and the ministers, officers and members “thereof, or in aid or support of other lawful objects connected with such religious establishments." This

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deed is to contain as much of the constitution of the society as the parties think proper; "but particularly the mode "by which future members can or may be admitted into

"such congregations, and by whom the right of voting at "its meeting shall be enjoyed, and how the votes of the "members shall be ascertained and given, and the manner "in which all vacancies in the trust shall be from time to "time supplied."

Sec. 3. This deed having been registered, all the pro perty moveable and immoveable of the congregation as a society, and all its claims, securities, legal instruments and documents, connected with property real or personal, are entirely vested in the trustees and their successors for the use and benefit of the society, and shall be stated and considered as the property of the trustees, by their name of office in all proceedings, civil or criminal, both in law and in equity.

Sec. 4.-Authorizes the trustees to sue or defend in any actions or proceedings, civil or criminal, in courts of law or equity, where the interests of the society are concerned. The death or removal of trustees not to cause any cessation or suspension in proceedings, nor to affect the payment of expenses or damages.

Sec. 5.-Limits the possessions of such a society to £2000 per annum, in landed estate, and £10,000 capital in money, securities for money and moveables—and gives the society power to sell, let, use, apply or dispose of all their possessions as they think proper.

Sec. 6. The congregation may meet whenever and as often as the members think proper; and by majority of votes, may adopt and alter rules for their constitution and government, choose trustees, supply vacancies in the trust or remove trustees, and generally conduct the business of the society. These meetings must be previously notified in conformity to their rules, and a chairman must be chosen at each meeting, and all the proceedings of the meeting must be duly entered in the books of the congregation,